The ESIC Scheme is applicable to all factories and establishments covered under ESI Act, 1948, with 10 or more persons employed in such establishment & their monthly wages does not exceeds Rs. 21000. In this blog various ESIC Forms & Legal Compliances are discussed in detail.
What is ESIC?
This scheme is a compulsory contributory fund aimed at assisting along with retirement benefits to the employee against financial crisis arising out in case of sickness, disablement due to employment injuries or death, etc. Under this scheme, an amount equal to 4% of the salary of employees is contributed towards the scheme. At the time of contingency, assistance (cash or non-cash) is provided to the employee insured on behalf of ESIC.
Explain various forms filed under ESI Act, 1948?
ESIC Return should be filed monthly by all the members and entities registered under ESIC Scheme. Below is the list of ESIC Forms and their uses-
ESIC Form 01-
This is Employers Registration Form under the ESI Act, which is fully online,. no physical documents are required.
ESIC Form 1-
This is a Declaration Form which is filled by Employee. The submission of Form 1 is governed under ESI Regulations, 1950.
ESIC Form 1A-
Form 1A is a Family Declaration Form. Meaning of Family is mentioned under Section 2(11) of the ESI Act, 1948.
ESIC Form 3-
This is a Return of Declaration Form filled by employers on behalf of every persons employed as an employee within the meaning of employee provided under Section 2(9) of ESI Act,1948.
ESIC Form 5-
The Form is used for return contributions made by the Employer’s and employee’s in respect of Insured Persons. This return relates to the contributions in respect of employer’s and employee’s share which have been correctly paid under the provisions of the Act and Regulations.
ESIC Form 6-
Employer must maintain Register of Employees under Regulation 32(1) of ESI Regulation,1950. Employers have access of Register through the portal and update it on the basis of the latest employment situations.
ESIC Form 9-
The Form is used for making Claims for Sickness, Temporary Disablement Benefit (T.D.B.) and Maternity Benefit. The form must be completed & submitted without delay to the appropriate Branch office.
ESIC Form 11-
The Form is for maintaining Accident Book. Every Employer must keep an accident book readily available in the format provided under ESI Act. In this Form, particulars of any accident which causes personal injury to an Insured Person shall be entered.
ESIC Form 12-
Form 12 is an accident report from the employer. Employer must submit an accident report immediately in respect of accidents that may cause in death or disablement of the employee within 24 hours of its occurrence.
ESIC Form 14-
Form 14 is claim for permanent disability benefit. The Insured Person shall have been declared as permanently disabled by the Medical Board or Medical Appeal Tribunal or Employees’ Insurance Court.
ESIC Form 15-
The Form is used for making claims for availing dependents benefit. All the dependent’s must sign individually and in case of a minor the guardian have to sign the Form 15.
ESIC Form 19-
The Form is submitted in order to claim maternity benefits and notice of works. Remuneration without work shall be taken during the period for which Maternity Benefit is being claimed or is to be claimed.
ESIC Form 20-
Form 20 is used to avail Maternity benefit after the death of an Insured woman leaving behind the child. The form is submitted to the appropriate Branch office, together with a death certificate in Form 24-B, within 30 days of death of the Insured Woman.
ESIC Form 22-
The form is used for availing a claim for funeral expenses. In case of minor, guardian shall have to sign the Claim form on the behalf of minor. Nominee or the eldest surviving member of the family(In absence of nominee) of the deceased IP shall submit a claim.
ESIC Form 23
Form 23 is a life certificate for permanent disablement benefits. Insured Person have to submit this certificate to claim permanent disablement benefits.
ESIC Form 24-
The form is a Declaration & Certificate for availing Dependent’s benefit. Insured Person’s nominee have to submit a declaration-cum-certificate to receive dependent’s benefit.
ESIC Form 63-
This is Declaration Form in respect of payment to the legal heir or representative of the deceased Insured Person. The form shall be admissible only if it is attested by Government Official not below the rank of Tehsildar, Magisterial or Judicial Department.
ESIC Form 72-
Form 72 is used to request for a duplicate ESIC smart card. In case ESIC Smart card is lost or defaced then apply for a duplicate Identity Card through Form 72.
What are the ESIC Compliances under ESI Act, 1948?
|Form. No.||Provisions||Due Date|
|01||Employers Registration Form||Within 15 days of registration under the Scheme|
|3||Return of Declaration Form||Monthly Return with the details of the employees.|
|5||Return of Contribution||Half Yearly Return
|6||Register of Employees||Generated Initially at the time of registration under the Act & can be updated through the portal anytime|
|11||Accident Register||Accident which causes personal injury to an Insured Person shall be entered in the Register|
|12||Accident Report||Accidents that may cause in death or disablement of the employee within 24 hours of its occurrence|
|1||Declaration Form||Within 10 days of appointment of Employee|
|1A||Family Declaration Form||Within 15 days of appointment of Employee|
|9||Claims for Sickness, Temporary Disablement Benefit (T.D.B.) and Maternity Benefit||The form must be completed & submitted without delay to the appropriate Branch office.|
|14||claim for permanent disability benefit||Declared as permanently disabled by the Medical Board or Medical Appeal Tribunal or Employees’ Insurance Court|
|15||claims for availing dependents benefit||Certified by Gazetted officer|
|20||Claim Maternity benefit after the death of an Insured woman leaving behind the child||Death certificate in Form 24-B, within 30 days of death of the Insured Woman|
|22||claim for funeral expenses||Nominee or the eldest surviving member of the family(In absence of nominee) of the deceased IP shall submit a claim|
|72||Request for a duplicate ESIC smart card||In case ESIC Smart card is lost or defaced then apply for a duplicate Identity Card|
What are the implications for Non-Compliance of ESIC Act?
Consequences of Delay in payment of ESIC-
If the employer fails to complete the payment within the specified time period, shall be in charge for paying 12% per annum interest for each day of delay or default in the contribution.
Corporation may charge & recover damages as provided by the regulations at the following rates-
Up to 2 months – 5% interest per annum
2 – 4 months – 10% interest per annum
4 – 6 months – 15% interest per annum
More than 6 months – 25% interest per annum which may exceed to 100% at a time.
- The employer is liable under Section 85(a) for the first time, and if the offence is repeated, then employer will be liable for punishment for every repetition.
- If a person makes a false statement or misrepresentation for the purpose of obtaining benefit while filing above mentioned Forms, then the person shall be punishable with imprisonment up to 6 months or with a fine up to 2000 or both.
Compliances under the ESIC Scheme is tough task as it involves various important elements and aspects. ESIC require several compliances and thus require professionals’ help for such compliances. If you are also looking for help regarding ESIC Compliances then Manthan Experts is the right choice. Get assistance with ESIC Compliances from our experts’ team.