Amendment of Rule 55 of the ESI Central Rules 1950

Amendment of Rule 55 of the ESI Central Rules 1950- Notification

G.S.R. 176(E).—Whereas a draft containing certain rules further to amend the Employees’ State Insurance (Central) Rules, 1950 were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number G.S.R. 400 (E), dated the 14th June, 2021, as required by sub-section (1) of section 95 of the Employees’ State Insurance Act, 1948 (34 of 1948), inviting objections and suggestions from all persons likely to be affected thereby before the expiry of a period of thirty days from the date on which the copies of the Official Gazette containing the said notification was published were made available to public;

And whereas, the copies of the said Official Gazette were made available to the public on the 14th June, 2021;

And whereas, objections and suggestions received from stakeholders in respect of the said draft rules have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 95 of the said Act, the Central Government, after consultation with the Employees’ State Insurance Corporation, hereby makes the following rules further to amend the Employees’ State Insurance (Central) Rules, 1950, namely:-

1. (1) These rules may be called the Employees’ State Insurance (Central) Amendment Rules, 2022.
   (2) They shall be deemed to have come into force on the 20th day of January, 2017.
   
2. In the Employees’ State Insurance (Central) Rules, 1950, in sub-rule (1) of rule 55, after the third proviso, the following proviso shall be inserted, namely:—
   “Provided also that in case of an insured woman who is in receipt of maternity benefit and due to reason of which a shorter contribution period is available to her in the contribution period in which the maternity benefit falls, she shall be qualified to claim sickness benefit in the corresponding benefit period if the contribution in respect of her was payable for not less than half the number of days available for working in such contribution period.”.

Note: The principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i), vide notification number S.R.O. 212, dated the 22nd June, 1950 and last amended vide notification number G.S.R. 676(E), dated the 27th October, 2020.

Explanatory Memorandum

Maternity benefit under sub-rule (2) of rule 56 of the Employees’ State Insurance (Central) Rules, 1950 was enhanced from 12 weeks to 26 weeks with effect from 20th January, 2017 vide notification number G.S.R. 62(E), dated the 20th January, 2017. The enhancement in maternity benefit to 26 weeks (i.e.,182 days) led to the insured woman availing this benefit becoming dis-entitled to sickness benefit (cash benefit) as no sufficient contribution was received in that particular contribution period due to confinement.
In order to make such insured woman entitled to sickness benefit also, it is proposed to amend the sub-rule (1) of rule 55 so as to insert a new proviso with retrospective effect, i.e., with effect from 20th January, 2017 so that all those who became dis-entitled by not amending this rule earlier, can avail the benefit from the said date. This would entitle more insured women to claim the benefit and this retrospective amendment shall not prejudicially affect any beneficiary of any other benefit entitled under Employees’ State Insurance Act, 1948.

Notification

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