G.S.R. 62(E).—Whereas draft 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. 958(E), dated the 6th October, 2016, as required under 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 Gazette containing the said notification was published were made available to the public;
And whereas, copies of the said Gazette were made available to the public on the 6th October, 2016;
And whereas, no objections and suggestions were received from persons in respect of the said rules;
Now, therefore, in exercise of the powers conferred by Section 95 of the Employees’ State Insurance Act,1948(34 of 1948), 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. Short title and commencement.- (1) These rules may be called the Employees’ State Insurance (Central) Amendment Rules, 2017.
(2) They shall come into force on the date of their publication in the Gazette.
2.In the Employees’ State Insurance (Central) Rules, 1950,-
(a) in rule 2, after clause (6), the following clause shall be inserted, namely:-
‘(6A) – “insured woman” means a woman who is or was an employee in respect of whom contribution is or were payable under the Act and who is by reason thereof, entitled to any of the benefits provided under the Act and shall include–
(i) a commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other woman;
(ii) a woman who legally adopts a child of up to three months of age,’ ;
(b) in Rule 56, in sub-rule (2),–
(i) for the words “ twelve weeks of which not more than six weeks”, the words “twenty-six weeks of which not more than eight weeks” shall be substituted;
(ii) after the first proviso, the following provisos shall be inserted, namely:–
“Provided further that the insured woman shall be entitled to twelve weeks of maternity benefit from the date the child is handed over to the commissioning mother after birth or adopting mother, as the case may be:
Provided also that the insured woman having two or more than two surviving children shall be entitled to receive maternity benefits during a period of twelve weeks of which not more than six weeks shall precede the expected date of confinement.”.
Note : The principal rules were published in the Gazette of India, Part II, Section 3 vide number S.R.O.212, dated the 22nd June, 1950 and lastly amended vide number G.S.R.1166 (E) dated the 22nd December, 2016.
Ministry of Labour and Employment