EMPLOYEES’ STATE INSURANCE CORPORATION
New Delhi, the 20th March, 2020
No N-12/13/01-2019-P&D –Whereas draft Regulation further to amend the Employees’ State Insurance (General) Regulations, 1950 was published as required under sub-section (1) of Section 97 of the Employees’ State Insurance Act, 1948 (34 of 1948), in the Gazette of India (Extraordinary), Part-III – Section – 4 vide Sr. No.51 dated the 27th January, 2020 for inviting objections and suggestions from all persons likely to be affected thereby till the expiry of the period of Thirty days from the date on which this notification was published, are made available to the public :-
And whereas, the said Gazette Notification were made available to the public on 11.02.2020;
And no objections or suggestions were received from any of the persons likely to be affected;
Now, therefore, in exercise of the powers conferred by Section 97 of the Employees’ State Insurance Act, 1948 (34 of 1948), the Employees’ State Insurance Corporation, do hereby makes the following Regulations further to amend the Employees’ State Insurance (General) Regulations, 1950, namely :-
1. These Regulations may be called Employees’ State Insurance (General) (Second) Amendment Regulations, 2020.
2. 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 non-attendance.
(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