esi amendment act, 1989
“(3) Where a person is acting in an office pursuant to subsection (1), the Minister may direct that, for purposes specified in the direction, the person shall be taken to continue to act in the office after the normal terminating event occurs. The Employees’ State Insurance (Amendment) Act, 1989. 45. “Sections 11R, 11V, 11ZC and 11ZF apply in relation to the grant of entry permits to statutory visitors and in relation to entry permits granted to statutory visitors.”. “(2) If the Principal Member is one of the members of the Tribunal as constituted for the purpose of the review, the Principal Member shall preside at the review. “64Z Refusal to be sworn or to answer questions etc. (b) to whom subsection (1) or (2) applies; may give to the Secretary a notice in the prescribed form stating that the person is, for reasons specified in the notice, a person to whom the subsection concerned would apply, or applies, as the case requires. (a) Omit “he” (first occurring), substitute “the person”. (b) has breached any of those conditions.”; (j) by omitting from subsection (8) “he” and substituting “the person”. (b) because of that offence, another person has suffered loss; the court may, in addition to any penalty imposed on the offender, order the offender to make to the other person such reparation (whether by payment of money or otherwise) as the court thinks fit. The Government of India through notification in Official Gazette dated 25 May 2010 has enacted The Employees’ State Insurance (Amendment) Act, 2010 to amend the earlier ESIC Act, 1948. Penalty: $2,000 or imprisonment for 12 months, or both. The original Act was recently amended by The Employees’ State Insurance (Amendment) Act, 2010. “(1) This section applies where a member who constitutes the Tribunal, or who is one of the members who constitute the Tribunal, for the purposes of a particular review (in this section called the unavailable member): (b) for any reason, is not available for the purpose of the review at the place where the review is being conducted. CA Manoj Kumar has raised the innovative argument that the disallowance under section 43B r.w.s 36(va) of the Income-tax Act, 1961 in respect of non-payment of Provident Fund, ESI etc within the due date is not intended to cover genuine and routine cases of late payment but only those where the employer has misutilized the funds. of property, “21D Secretary may give direction about valuables of deportee or illegal entrant. Omit “the Minister or to an officer” (wherever occurring), substitute “an officer or a person exercising powers or performing functions under this Act”. section 11A notice means a notice given to the Secretary under subsection 11A(3). “(2) A person who has turned 65 shall not be appointed as a member. “64ZE Tribunal’s discretion in relation to disclosure of certain information etc. retrospective grant of exemption from the provision of the Act; Download ESI (Amendment) Act 2010; ESIC ONLINE PORTAL: ESIC Launched New Online Portal for Submitting Application and Returns; ESI WAGE CEILING: ESI WAGE CEILING ENHANCED FROM Rs. accompanying spouse, in relation to a deportee, means the spouse of the deportee, if a deportation order has been made under section 19 in respect of the spouse. (a) in relation to the granting and refusal of entry permits to statutory visitors, including the granting of entry permits: (b) for the recording and evidencing of entry permits granted to statutory visitors; (c) in relation to the effect and operation of entry permits granted to statutory visitors; and. 209 3. “(2) Subsection 6(1) does not apply in relation to the entry into Australia of a statutory visitor. 180 of 1989. (3) Subject to subsection (5), section 27 commences on a day to be fixed by Proclamation. “(8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.”. (c) if the Secretary does not give a notice under this section there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the arrested person is, or becomes, liable to pay to the Commonwealth under section 21A or 21B; the Secretary may, in writing, notify the arrested person that his or her valuables are liable to be taken under this section. “(3) In any proceeding for an offence against subsection (1), evidence that a person who arrived in Australia on board a vessel, on arrival, either: (a) failed to produce to an officer, upon demand by that officer, a passport; or. “(2) The applicant may, within 7 days after being notified under subsection (1), give the Tribunal written notice that the applicant wants the Tribunal to obtain oral evidence from a person or persons named in the notice. 34 of 1948). (b) where the application was made on the holder’s behalf—the person making the application did not declare that the holder would not engage in employment in Australia. “(1) The period of grace for a person who has become an illegal entrant: (a) starts when the person becomes an illegal entrant; and. (a) an officer of the Department, other than an officer specified by the Minister in writing for the purposes of this paragraph; (b) a person who is an officer for the purposes of the Customs Act 1901, other than such an officer specified by the Minister in writing for the purposes of this paragraph; (c) a person who is a protective service officer for the purposes of the Australian Protective Service Act 1987, other than such a person specified by the Minister in writing for the purposes of this paragraph; (d) a member of the Australian Federal Police or of the police force of a State or an internal Territory; or. 10 Section 19 of the Principal Act is repealed and the following section is substituted: 11 Duty of master etc. “(2) If the unavailable member constitutes the Tribunal, the Principal Member shall direct another member or members to constitute the Tribunal for the purpose of finishing the review. (a) Omit “he”, substitute “the Minister”. senior office means the office of Principal Member or an office of Senior Member. “(5A) Where it appears to the Minister that an applicant for an exempt visa is, under the regulations, entitled to be granted a visa of the class concerned: (a) the Minister shall, subject to section 11J, grant the visa; and, (i) may impose such conditions in connection with the grant of the visa as are permitted by the regulations; and. properly endorsed valid entry permit, in relation to a person to whom subsection 11A(1) or (2) applies, means: (a) a valid entry permit granted before the commencement of section 4 of the Migration Legislation Amendment Act 1989 that is endorsed with a statement that the person granting the entry permit recognises the holder of the entry permit to be a person to whom subsection 16(1) or (1AA) of this Act, as in force at any time before that commencement, applies; or. “(5) Where an application for a visa of a particular class is reconsidered pursuant to regulations made under subsection (4): (a) if the applicant’s score is more than or equal to the applicable pass mark—the applicant shall be taken to have received the necessary score; and. (d) sets out the reasons for the Minister’s decision, referring in particular to the Minister’s reason for thinking that his or her actions are in the public interest. (f) he or she is the holder of a valid temporary entry permit and there are strong compassionate grounds for the grant of a permanent entry permit to him or her; (g) he or she is the holder of a valid temporary entry permit and there are strong humanitarian grounds for the grant of a permanent entry permit to him or her. (k) by omitting from subsection (8) “a prohibited non-citizen” and substituting “an illegal entrant”. (a) the name of a child is included in the passport or other document of identity of a parent of the child; and. “(8) Where a copy of the notice is served on a person, not being a bank or other financial institution, who owes a debt to the arrested person, that first-mentioned person shall not, while the notice remains in force, without the written consent of the Secretary, make any payment to the arrested person in respect of that debt. An entry permit shall not be granted to a person before he or she enters Australia unless the person: (b) is exempted from the operation of section 26A by an instrument under subsection 53A(1). of property. “(5) Where paragraph (3)(b) requires the Minister to grant a visa, the Minister: (a) may impose such conditions in connection with the grant of the visa as are permitted by the regulations; and. It repealed Amendment 59 which empowered the government to impose emergency in Punjab. (b) if the appointment is made under paragraph (1)(b)—the holder of the office ceasing to be absent or ceasing to be unable to perform the duties of the office. (c) the persons who may apply for such reviews. Section 39 of the Principal Act deals with provisions as to contributions payable in respect of an employee by an employer and also by an employee. exempt non-citizen means a non-citizen who is: (a) a member of the armed forces of the Crown who enters or has entered Australia in the course of his or her duty; (b) a diplomatic or consular representative of a country other than Australia, a member of the staff of such a representative or the spouse or dependant relative of such a representative; (c) a person included in the complement of a vessel of the regular armed forces of a government recognised by the Commonwealth, who enters or has entered Australia with leave from that vessel during the vessel’s stay in a port; (d) a person in relation to whom the following conditions are satisfied: (i) the person is a member of the crew of a vessel other than: (B) a vessel referred to in paragraph (c); (ii) the person is not a prescribed crew member; (iii) the person is entering or has entered Australia with leave from the vessel during the vessel’s stay in a port; (iv) in the case of a person who enters Australia after the commencement of section 4 of the Migration Legislation Amendment Act 1989—when the person enters Australia, he or she does not intend to remain in Australia for more than 28 days; (v) the master of the vessel has duly complied with the provisions of Division 3 of Part II that are applicable upon arrival of the vessel at the port; (e) a person who is, or is included in a class of persons who are, for the time being exempted, by an instrument under subsection 53A(2), from the operation of subsection 6(1); or. “(4) Nothing in this section shall be taken to limit the operation of subsection 11E(4). “(1) This subsection applies to a person, being a non-citizen, who has entered Australia, whether before or after the commencement of this section, if: (a) the person evaded an officer for the purpose of entering Australia; (b) when, or before, the person entered Australia, he or she: (i) produced, or caused to be produced, to an officer or a person exercising powers or performing functions under this Act, in respect of that entry: (B) a passenger card containing information that was false or misleading in a material particular; or. Theintactfront 5 Dec 2018. “(1) The Principal Member shall be paid: (a) such remuneration as is determined by the Remuneration Tribunal; and. Arrest of deportee............................................................................ 64, 21.......... After section 39 of the Principal Act the following section is inserted: 65, “39A..... Operation of section 39 in relation to deportees held in other custody 65, 22.......... Division 6 of Part II of the Principal Act is repealed and the following Division is substituted: 66, “Division 6—Regulation of conduct of third parties in connection with the making of decisions 66, “46........ Offences in relation to false or misleading statements regarding the making of decisions 66, “47........ Offence of undertaking, for reward, to cause decisions to be made etc. The Federal Court has jurisdiction with respect to matters arising under sections 64V and 64W, and that jurisdiction is exclusive of the jurisdiction of all other courts other than the jurisdiction of the High Court under section 75 of the Constitution. “5E How a person stops being an exempt non-citizen. (c) that the vessel entered Australia from overseas only because of: (i) the illness of a person on board the vessel; (iii) other circumstances beyond the control of the master. “64ZB Protection of members and persons giving evidence. “(1) The Secretary may, in writing, direct an officer to detain a vessel where, in the Secretary’s opinion, the master, owner, agent or charterer of the vessel has been guilty of an offence against this Act.”. Short title, extent and commencement. 6 (1) Divisions 1 and 1A of Part II of the Principal Act are repealed and the following Divisions are substituted: “Division 1—Control of entry into Australia. “(1) This section applies to a person who: (a) is a deportee who has not yet been deported; or. Amendment) Act, 1989. “(1) For the purpose of the review of a decision, the Tribunal may: (a) take evidence on oath or affirmation; (b) adjourn the review from time to time; (c) subject to sections 64ZF and 64ZG, give information to the applicant and to the Secretary; or. “(4) The Minister shall cause copies of each notice under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the Gazette. (a) the holder of a valid temporary entry permit who is included in a prescribed class of persons granted temporary entry permits to enable them to enter Australia for the purpose of engaging in study or training; (b) the holder of a valid temporary entry permit who: (i) is the spouse or a child of a person referred to in paragraph (a); and, (ii) was granted a temporary entry permit permitting him or her to enter Australia only because he or she was the spouse or child of that person; or. visa means permission to travel to Australia.”; (b) by inserting in subsection (1) the following definitions: “accompanying child, in relation to a deportee, means a dependent child of the deportee, if a deportation order has been made, whether under section 19 or another provision of this Act in respect of the child. (b) an authorised officer has reasonable grounds for suspecting that, on or after entering Australia, the person: (ii) will breach a condition subject to which a visa or entry permit was granted to the person. (a) a person is deemed to have entered Australia because of subsection 5(2A) or (2B); and. Regulation 1950. 13 After section 26 of the Principal Act the following section is inserted in Division 4 of Part II Further, Section 3 of the Amendment Act in its early part omits certain clauses including clause (2) and (5) of Section 2 of the principal Act, however it amends the clause(6A) of that Section dealing with definition of ‘Dependant’, by adding in clause (i) of that Section, the word ‘daughter’ in place of the word ‘daughter or widow mother’. officer includes a person who was an officer for the purposes of the Immigration Restriction Act 1901. (2) It extends to the whole of Uttar Pradesh. “(4) If neither subsection (2) nor (3) applies, the Principal Member shall designate one of the members who constitute the Tribunal for the purposes of the review as the member who is to preside at the review. (h) by omitting from paragraph (5)(a) “by an authorised officer” and substituting “for the purposes of this section”; (j) by omitting from paragraph (5)(b) “by an authorised officer” and substituting “for the purposes of this section”. “11M Initial application of points system. Omit “a prohibited non-citizen”, substitute “an illegal entrant”. Schedule 4—Amendments of the Migration Act 1958 relating to illegal entrants. (a) decisions of the Minister to be reviewed; (b) the review officers who are to conduct such reviews; (c) the manner and form of applications for such reviews; and. “(2) Unless this section applies, the Minister: (a) is not required to consider an application at all; and. (b) the entry was authorised by section 9. (b) if the Tribunal is, for the purposes of the review, constituted by one member—that member. Employees’ State Insurance (Amendment) Act, The Employees’ State Insurance (Amendment) Act, 2010, Mahatma Gandhi Law College, Andhra Pradesh, Department of Law, Krishna University, Andhra Pradesh, India’s response to COVID-19, Epidemic Diseases (Amendment) Bill, 2020, College of Law, Kakatiya University, Subedari, Warangal, Telangana, K V Ranga Reddy Law College, Andhra Pradesh, The Coal India (Regulation of Transfers and Validation) Act, 2000, The Coal Bearing Areas (Acquisition and Development) Amendment and Validation Act, 1971, The Coal Bearing Areas (Acquisition and Development) Act, 1957. Revised legislation carried on this site may not be fully up to date. (c) the holder of a valid temporary entry permit who, immediately before the grant of that temporary entry permit, was a person of the kind referred to in paragraph (b) of the definition of exempt non-citizen in subsection 5(1) or the spouse or dependent relative of such a person. The Acts specified in Schedule 6 are amended as set out in that Schedule. “(2) Where an appeal is instituted in the Federal Court from a decision of the Tribunal, the Federal Court or a Judge of the Federal Court may make such orders of the kind referred to in subsection (3) as that Court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal. “(2) A person shall not make a false or misleading statement about the effect of: on the making of a decision under this Act. (g) except in the case of a person described in paragraph (b) of that definition—a declaration in relation to the person is made under section 8. (b) where the person has reason to suspect that the document may be so used.”. “(1A) A person arrested under subsection (1) or (7A) may, subject to this section, be kept in custody as a deportee in accordance with subsection (6).”; (b) by omitting from subsection (2) “in accordance with this section” and substituting “under subsection (1) or (7A)”; (c) by inserting in subsection (2) “or her” after “him”; (d) by omitting from subsection (3) “under this section claims, within 48 hours of his arrest and while he is in custody, that he” and substituting “arrested under this section (in this subsection called the arrested person) claims, within 48 hours after the arrest and while the arrested person is in custody, that he or she”; (e) by omitting paragraphs (3)(a) and (b) and substituting the following paragraphs: “(a) if that last-mentioned person is an officer—ask the arrested person; or. (6) The several subsections of each section of the amended Act are renumbered so that they bear consecutive arabic numerals enclosed in brackets starting with “(1)”. “(2) Where the Tribunal is satisfied that it is in the public interest to do so, the Tribunal may direct that particular oral evidence, or oral evidence for the purposes of a particular review, is to be taken in private. Etc............................... 89, “ 11ZD 48 effect of subsection 12 ( 1 ) the Minister.! Exceeding the prescribed number ) of other Acts, 38 Consequential amendments of other members as are by. Substitute “ the illegal entrant ” gives the Secretary thinks relevant about the significance of the registries as the may! The grant of the Migration Act 1958 otherwise ) from a person who was an officer ” substitute... Application of Part VA of the Migration Act 1958 granting of visas to statutory visitors discretion, cancel a visa. The Amendment Act ( No was amended by this Act ( ESI ) 19-02-1988. 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