Provisions for Women: Employees State Insurance (General) Amendment Regulation 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

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

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