Employees’ State Insurance (General) Amendment Regulations, 2020.
Employees
State Insurance Corporation vide notification / Gazette id No. CG-DL-E-13022020-216121 issued
dated 11rd February 2020,
has published the draft regulation on Employees’
State Insurance (General) Amendment Regulations, 2020 on 13.02.2020 further 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 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 89 C : Claim
for Maternity Benefit by Commissioning Mother
iii.
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.
Kindly read
full text of the draft
regulation on Employees’ State Insurance (General) Amendment Regulations, 2020 at:
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.
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