Employees State Insurance Corporation vide notification No. N-12/13/1/2016-P&D dated 24.01.2020 released the draft regulation on Employees’ State Insurance (General) Amendment Regulations, 2020 to further amend Employees’ State Insurance (General) Regulation, 1950.

The Employees State Insurance Corporation proposes to make in exercise of the powers conferred by Section 97 of the Employees’ Insurance Act, 1948 (34 of 1948), is hereby published as required by Sub-Section (1) of the said Section for information of all persons likely to be affected thereby and notice is hereby given that the said draft regulations will be taken into consideration after expiry of a period of Thirty days from the date on which the Official Gazette in which this notification is published

Applicability:

They shall come into force on the date of their final publication in the Official Gazette.

> Changes in Regulations and Regulation forms by Draft Employees’ State Insurance (General) Amendment Regulations, 2020: 

i. Insertion of Regulation 87 A : Notice of Commissioning Mother 

An Insured Woman who wishes to have a child and get embryo implanted in any other women shall give such notice in Form 17 amended to the appropriate branch office by post or otherwise and shall submit together with Agreement of embryo implantation executed between commissioning mother with the other woman

ii. Insertion of Regulation 88A: Declaration by Insured Women of her surviving child or children

Insured Women claiming maternity benefit before confinement or after confinement or miscarriage shall submit the declaration of her surviving child or children. In case Insured woman giving birth to more than one child such claim shall be treated a single claim, however, for the next confinement the number of surviving children should be counted as per the actual number of surviving children at the time of claiming maternity benefit.

iii. Insertion of 89C : Claim for Maternity Benefit by Commissioning Mother

Regulation 89 C Every Commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other woman, claiming maternity benefit shall submit to the appropriate office by post or otherwise a claim for maternity benefit in Form 19 (Amended) together with copy of agreement on non-judicial stamp paper between commissioning mother and the other woman to whom embryo implantation is intended, copy of certificate issued by Assisted Reproductive Technology Clinic and copy of birth certificate issued by the authority under the Registration of Births & Deaths Act, 1969.

Provided further that if commissioning mother and the other woman both are Insured Women, the claim will be provided only to the commissioning mother. Claim against miscarriage will not be payable to the commissioning as well as to the other woman.

iv. Insertion of 89 D Claim for Maternity Benefit by Adoptive Mother 

Regulation 89 D : Every Insured woman, who legally Adopts a child of upto 3 months of age, claiming maternity benefit shall submit to the appropriate office by post or otherwise a claim for maternity benefit in (Form 19 Amended) together with copy of the court order/Certificate from Registrar and birth certificate issued by the Authority under the Registration of Births & Deaths Act, 1969 incorporating the name of adoptive parents or single Insured woman who legally adopts a child and copy of the Adoption Order issued by the Competent Court.

In case of annulment of adoption approved by the court Insured Woman will refund maternity benefit received by her.

Regulation Revised Form No. 17 and Form No. 19 as notified vide No. N-11/13/2/2003 – P&D dated 01.10.2004 and published in the Gazette of India (Part-III Section-4) dated 23rd October, 2004, shall be substituted by revised forms as annexed to this notification of Draft Regulations. 

—————————————————-

Kindly read full text of the draft regulation on Employees’ State Insurance (General) Amendment Regulations, 2020  Dated 24/01/2020 and Dated 27/01/2020.

Draft Notification Dated 27/01/2020

EMPLOYEES’ STATE INSURANCE CORPORATION

NOTIFICATION

New Delhi, the 27th January, 2020

No. N-12/13/01/2019-P&D.The following draft Regulations further to amend the Employees’ State Insurance (General) Regulations, 1950, which the Employees’ State Insurance Corporation proposes to make in exercise of the powers conferred under sub-section (1) of Section 97 of the Employees’ State Insurance Act,1948 (34 of 1948), is hereby published for information of all persons likely to be affected thereby and notice is hereby given that the said draft Regulations will be taken into consideration after expiry of a period of Thirty days from the date on which copies of the Official Gazette in which this notification is published, are made available to the public:-

1. Any objection or suggestion, which may be received from any person in respect of the said draft Regulations within the period specified above, will be considered by the Employees’ State Insurance Corporation.

2. The objections and suggestions, if any, may be addressed to Shri A. K. Sinha, Insurance Commissioner, Employees’ State Insurance Corporation, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 (e-mail: dir-pnd@esic.nic.in )

DRAFT REGULATIONS

1. These Regulations may be called Employees’ State Insurance (General) Amendment Regulations, 2020.

2. They shall come into force from the date of publication of final notification.

3. In the Employees’ State Insurance (General) Regulation, 1950; The Sub-clauses of the existing Regulation 10A shall be amended as below:-

(I) In Regulation 10A(1), shall be substituted as below:-

(1) A Local Committee may be set up in each notified District for such areas as may be considered appropriate and shall consist of the following members namely: –

(a) A Chairperson to be nominated by Regional Director of the State/Union Territory.

(b) An official of the State to be nominated by the State Government.

(c) Six representatives of employees, out of which (i) two longest contributing employees of such area, (ii) two representatives of employees in the area, representing organizations of employees and (iii) two employees from ESI registered MSME establishments, to be nominated by Regional Director of the State/Union Territory.

(d) Six Representative of the Employers out of which (i) two employers who are contributing the highest value during last three years; (ii) two employers from ESI registered establishments of MSME category and (iii) two employers representing employers/industry association in the area to be nominated by the Regional Director of State/Union Territory.

(e) The Officer In-charge of such District for which the committee is constituted, as ex-officio Member Secretary :

Provided that where the Chairman, Regional Board, so considers it to be expedient, he may nominate such additional representatives of employers and employees, not exceeding two from each side, with a view to providing for the adequate representation of important organisations not included in the nominations of the State Government and to maintaining the parity between the number of representatives of such employers and employees:

Provided further that in any area in which medical care is provided through a panel system, a local committee may co-opt a member representing the local Insurance Medical Practitioners.

(II) In Regulation 10 A(2), the sub clause (i) and (ii) shall be substituted as below:-

(2)(i) The term of office of the members of local committee nominated under clause (c) and (d) of sub – regulation (1) shall be three years commencing from the date on which their nomination is notified by Regional Director, provided that such members shall notwithstanding the expiry of the said period, continue to hold office until the nomination of their successor is notified.

(2)(ii) The members of a local committee nominated under clauses (a) and (b) of sub regulation 1 shall hold office during the pleasure of the authority nominating them.

(III) In Regulation 10 A (3), the following shall be substituted:-

(3) A member of a local committee may resign his office by notice in writing to the Regional Director, and his seat shall fall vacant on the acceptance of the resignation.

(IV) In Regulation 10A (4), the sub clause (i) and (ii) shall be substituted as below:-

(4)(i) A member of local committee shall cease to be a member of the committee if he fails to attend three consecutive meetings thereof provided that his membership may be restored by the Regional Director, on being satisfied as to the unavoidable nature of the circumstances which led to his non­attendance.

(ii) Where in the opinion of the Regional Director any person nominated to represent employers or employees on a local committee has ceased to represent such employers or employees, the Regional Director, may declare that such person shall cease to be a member thereof with effect from such date as may be specified by him.

(V) In Regulation 10A(9), the sub clause (b) shall be substituted as below:-

(9)(b) To refer such complaints as it may consider necessary to the Regional Director concerned, or in the case of complaint concerning medical benefit, to the State Government or such authority of the State Government.

A. K. SINHA, Insurance Commissioner
[ADVT.-III/4/Exty./441/19]

Draft Notification Dated 24/01/2020

EMPLOYEES’ STATE INSURANCE CORPORATION
NOTIFICATION
New Delhi, the 24th January, 2020

No. N-12/13/1/2016-P&D.—The following draft Regulations further to amend the Employees’ State Insurance (General) Regulation, 1950 which the Employees State Insurance Corporation proposes to make in exercise of the powers conferred by Section 97 of the Employees’ Insurance Act, 1948 (34 of 1948), is hereby published as required by Sub-Section (1) of the said Section for information of all persons likely to be affected thereby and notice is hereby given that the said draft regulations will be taken into consideration after expiry of a period of Thirty days from the date on which the Official Gazette in which this notification is published, are made available to the public:-

1. Any objection or suggestion, which may be received from any person in respect of the said draft Regulations within the period specified above, will be considered by the Employees’ State Insurance Corporation.

2. The objections and suggestions, if any, may be addressed to Shri A. K. Sinha, Insurance Commissioner, Employees’ State Insurance Corporation, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 or through e-mail to e-mail ID “dir-pnd@esic.nic.in”.

DRAFT REGULATIONS

1. These Regulations may be called Employees’ State Insurance (General) Amendment Regulations, 2020.

2. In the Employees’ State Insurance (General) Regulation, 1950, the following changes in Regulations and Regulation forms will be made.

(i) Insertion of Regulation 87 A : Notice of Commissioning Mother

An Insured Woman who wishes to have a child and get embryo implanted in any other women shall give such notice in Form 17 amended to the appropriate branch office by post or otherwise and shall submit together with Agreement of embryo implantation executed between commissioning mother with the other woman.

(ii) Insertion of Regulation 88A: Declaration by Insured Women of her surviving child or children

Insured Women claiming maternity benefit before confinement or after confinement or miscarriage shall submit the declaration of her surviving child or children. In case Insured woman giving birth to more than one child such claim shall be treated a single claim, however, for the next confinement the number of surviving children should be counted as per the actual number of surviving children at the time of claiming maternity benefit.

(iii) Insertion of 89 C : Claim for Maternity Benefit by Commissioning Mother

Regulation 89 C Every Commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other woman, claiming maternity benefit shall submit to the appropriate office by post or otherwise a claim for maternity benefit in Form 19 (Amended) together with copy of agreement on non-judicial stamp paper between commissioning mother and the other woman to whom embryo implantation is intended, copy of certificate issued by Assisted Reproductive Technology Clinic and copy of birth certificate issued by the authority under the Registration of Births & Deaths Act, 1969.

Provided further that if commissioning mother and the other woman both are Insured Women, the claim will be provided only to the commissioning mother. Claim against miscarriage will not be payable to the commissioning as well as to the other woman.

(iv) Insertion of 89 D Claim for Maternity Benefit by Adoptive Mother Regulation 89 D Every Insured woman, who legally Adopts a child of upto 3 months of age, claiming maternity benefit shall submit to the appropriate office by post or otherwise a claim for maternity benefit in (Form 19 Amended) together with copy of the court order/Certificate from Registrar and birth certificate issued by the Authority under the Registration of Births & Deaths Act, 1969 incorporating the name of adoptive parents or single Insured woman who legally adopts a child and copy of the Adoption Order issued by the Competent Court.

In case of annulment of adoption approved by the court Insured Woman will refund maternity benefit received by her.

(v) Regulation Revised Form No. 17 and Form No. 19 as notified vide No. N-11/13/2/2003 – P&D dated 01.10.2004 and published in the Gazette of India (Part-III Section-4) dated 23rd October, 2004, shall be substituted by revised forms as annexed to this notification of Draft Regulations.

3. They shall come into force on publication of final notification in the Gazette of India.

A.K. SINHA, Insurance Commissioner
[ADVT.-III/4/Exty./442/19]

CERTIFICATE/NOTICE OF PREGNANCY
MATERNITY BENEFIT
(Regulation 87& 87A)
EMPLOYEES’ STATE INSURANCE CORPORATION

Signature or thumb-impression
Of the Insured Woman

Employer’s Code No. ……………………………………….. Book  No……………………………………
Insured Woman’s Name…………………………………………. Serial No…………………………………..
Insurance No……………………………………………………………….

Stamp of the Dispensary

Certified that I have examined the above mentioned Insured Woman and that in my opinion she is pregnant and her pregnancy appears to be…………………………………. weeks old.

Or    {proposed to be incorporated)

Certified that I have examined the original Agreement of embryo implantation executed between commissioning mother with the other woman. I have also examined certificate of embryo implantation issued by the Assisted Reproductive Technology Clinic recognized by Indian Council of Medical Research.

Date………………………………………

……………………..
Signature of Counter-signature of
Insurance Medical Officer

……………………..

Name in Block Letter and Rubber Stamp

Any other Remarks

I, ……………………………….Insurance No……………………………………………….wife/daughter of ……………………….. hereby give notice of pregnancy.

Or

I, …………………………………….Insurance No. ……………………………… wife/daughter of …………………………………………………………………. hereby submit the copy of agreement for commissioning.

Present address…………………………………………………………………………………………………………………..

Present/last employer………………………………………………………………………………………..

Date………………………………………………………..

……………………………………………..

Signature or thumb-impression
of the Insured Woman

FORM 19
CLAIM FOR MATERNITY BENEFIT
AND NOTICE OF WORK
[Existing Regulations {88 (ii), 89 & Regulation 91},
New Added Regulation {{88(iv), 89(C), and 89(D)}}
EMPLOYEES’ STATE INSURANCE CORPORATION

Signature or thumb-impression
of the Insured Woman
Book No………………..
Serial No………………..

Employer’s Code No………………………………….
Insured Woman’s Name…………………………
Insurance No……………………………………………….
Wife/Daughter of……………………………………….

Stamp of the Dispensary

I, the above mentioned Insured Woman hereby claim Maternity Benefit for expected confinement or confinement* or miscarriage of self or commissioning mother or Adopting mother with effect from…………………………………..

I, further declare that I have ceased*/shall cease to work for remuneration with effect from the aforesaid date.

*I, do hereby give notice that I have taken up/shall take up work for remuneration with effect from the

………………………. I have drawn maternity benefit only up to……………………………………….

*** I hereby declare that as on date I have the following child/children and I do hereby declare that the information furnished is true and nothing has been concealed. *

Sl. No. Name of IW Gender Date of birth
First Child
Second Child
Third Child
Forth Child

Present/last employer**……………………………………

Department, shift and occupation……………….

Present address…………………………………………………….

Signature or thumb-impression of the Insured Woman
Name of the Branch

Date ……………………………………………………………………………………………….

Office…………………………………………….

* Please delete whichever not applicable

** If not in employment, mention the particulars of last employer.

*** The above declaration is not applicable for commissioning mother & adoptive mother.

IMPORTANT:-

1. No work for remuneration shall be taken up during the period for which Maternity Benefit is claimed or is to be claimed.

2. For resumption of work must be sent before any work is taken up.

3. If Commissioning mother and other woman both are Insured Woman then the claim will be provided only to the commissioning mother. Claim against miscarriage will also not be payable to the commissioning as well as to the other woman.

4. In case annulment of adoption approved by the Court, Insured Woman shall refund the entire amount of maternity benefit paid to her.

5. In case Insured woman gives birth of twin child such claim shall be treated a single claim.

6. A person who makes a false statement or representation for the purpose of obtaining benefit, whether for himself or for some other person, commits an offense punishable with imprisonment for a term which may extend up to six months, or with a fine up to Rs. 2,000/- or with both.

Disclaimer: In No Event The Author Shall Be Liable For Any Direct, Indirect, Special Or Incidental Damage Resulting From Or Arising Out Of Or In Connection With The Use Of This Information.

Source-

http://egazette.nic.in/WriteReadData/2020/216121.pdf

http://egazette.nic.in/WriteReadData/2020/216114.pdf

(Article been updated on 06.03.2020)

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