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CMA Intermediate · Business Laws and Ethics · Employees State Insurance Act, 1948

Which statement is correct about the status of ESI Act, 1948 benefits under section 164 of the Code on Social Security, 2020?

The ESI Act, 1948 is repealed by section 164 of the Code on Social Security, 2020, but any benefit provided under it is deemed provided under the corresponding provisions of the Code. Benefits are therefore saved, not cancelled, and the Act does not continue alongside the Code.

  1. AThe Act is repealed, but any benefit given under it is deemed given under the corresponding provisions of the CodeCorrect
  2. BThe Act is repealed and all benefits given under it stand cancelled
  3. CThe Act continues in full force alongside the Code
  4. DOnly the cash benefits are repealed; the medical benefit stays under the Act

Explanation

Section 164(1) repeals the ESI Act, 1948. Section 164(2)(a) saves anything done and any benefit provided under it, deeming it done or provided under the corresponding provisions of the Code, so benefits are not cancelled. No split between cash and medical benefit is made.

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