1. Sir, one of the participants in this thread has expressed his views as "ACCIDENT HAPPENED WITHIN A RADIUS OF ONE KM, THE SAME CAN BE CONSTRUED THAT ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT" I may submit that there is no such condition or rule in ESI Act, 1948 and rules/regulations framed thereunder. Every case has separate facts and separate merits and I think, the same is examined accordingly by the concerned authorities. When the employer had not submitted the accident report and not complied with the procedure as laid down including medical certification, I think, due to these reasons and elapse of such long time, there is hardly any scope for acceptance of the case as that of employment injury. Please see Regulation 68 of ESI (General) Regulations, 1952.However, matter can be discussed with the appropriate authorities of ESIC as mentioned by me in my remarks as on prepage.
2. Being, as an ex-officer in ESIC, I always try to indicate my opinion based on various provisions of Acts and rules/regulations. It is, however, upto the participants, to evaluate my views in which way they desire. Some times, I had also felt that the views expressed by me on subjects other than ESIS were not in accordance with procedure/rules or practice followed in particular set of situation. I am thankful to all participants for appreciating my views in this thread.
From India, Noida
9232. Being, as an ex-officer in ESIC, I always try to indicate my opinion based on various provisions of Acts and rules/regulations. It is, however, upto the participants, to evaluate my views in which way they desire. Some times, I had also felt that the views expressed by me on subjects other than ESIS were not in accordance with procedure/rules or practice followed in particular set of situation. I am thankful to all participants for appreciating my views in this thread.
From India, Noida
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ESI contribution rates lowering.pdf