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Benefits
Persons not entitled to receive benefit in certain cases
Section 63 of the Act

Section 63 of the Act says no person shall be entitled to sickness benefit or temporary disablement benefit on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike.

This provision is absolute in case of a paid holiday or paid leave and temporary disablement benefit is not payable for these days. As for the period of strike, no temporary disablement benefit is normally payable for the aforesaid period but this section permits exceptions which have been provided in Regulation 99(A). According to this regulation, no person shall be entitled to temporary disablement benefit on any day on which he remains on strike except in the following circumstances.

  • If a person is receiving medical treatment and attendance as an indoor patient in any ESI Hospital or a hospital recognised by the Corporation for such treatment and,

  • If he is in receipt of temporary disablement benefit immediately preceding the date of commencement of notice of the strike given by the employees' union to the management of the factory/ establishment.

 Related links
Benefits at a glance
Occupational Disease
Employment injury
Standard benefit rate
Accidents
Permanent Disablement Benefit

Did you know?

The time limit for the employer to submit accident reports, non serious cases is within 48 hours -  in the fatal cases, it should be informed immediately through special messenger. 

ESI Act & Rules
Section 51
Rule  57
Section 68
 
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