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Core Purpose

Notification amending the Employees' State Insurance (Central) Rules, 1950 to extend relaxed sickness and maternity benefit eligibility conditions for the period January to June 2021.

Detailed Summary

By G.S.R. 536(E) dated 25th July 2023, the Ministry of Labour and Employment, in exercise of powers under section 95 of the Employees' State Insurance Act, 1948 (XXXIV of 1948) and after consultation with the Employees' State Insurance Corporation, made the Employees' State Insurance (Central) Amendment Rules, 2023, deemed to have come into force on 1st January 2021 and to remain in force for six months until 30th June 2021, following a draft published as G.S.R. 152(E) dated 24th February 2022 (made available to the public on 24th February 2022) on which no objections were received within the stipulated 30-day period; the amendment inserts a further proviso to rule 55(1) allowing a person appointed before 1st April 2020 to claim sickness benefit for the period 1st January to 30th June 2021 if contributions were payable for at least thirty-nine days in the contribution period 1st April 2020 to 30th September 2020, or at least seventy-eight days in the period 1st October 2019 to 31st March 2020, with the daily sickness benefit rate calculated on the standard benefit rate for the applicable period, and inserts a proviso to rule 56(1) allowing an insured woman to claim maternity benefit for confinement during 1st January to 30th June 2021 if contributions were payable for at least thirty-five days across the periods 1st October 2019 to 31st March 2020 and 1st April 2020 to 30th September 2020; the principal rules were published vide notification number S.R.O. 212 dated 22nd June 1950, and the amendment is issued under F. No. S-65012/02/2021-SS-I and signed by Alok Chandra, Senior Labour and Employment Advisor.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 430] NEW DELHI, TUES DAY, JULY 25, 2023/ SHRAVANA 3, 1945 CG-DL-E-25072023-247591 MINISTRY OF LABOUR A ND EMPLOYMENT NOTIFICATION New Delhi, the 25th July, 2023 G.S.R. 536(E).—Whereas a draft containing certain rules further to amend the Employees’ State Insurance (Central) Rules, 1950 were published in the Gazette of India, Extraordina ry, Part II, section 3, sub -section (i) vide notification number G.S.R. 152(E), dated the 24th February, 2022, as required under sub -section (1) of section 95 of the Employees’ State Insurance Act, 1948 (XXXIV of 1948), inviting objections and suggestions from all persons likely to be affected thereby before the expiry of a period of thirty day fro m the date on which the copies of the Official Gazette containing the said notification were made available to public; And whereas, the copies of the said Official Gazette were made available to the public on the 24th February, 2022; And whereas, no obj ection or suggestion has been received from any person in respect of the said draft rules within the period specified above for consideration by the Central Government; Now, therefore, in exercise of the powers conferred by section 95 of the Employees’ St ate Insurance Act, 1948 (XXXIV 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. (1) These rules may be called the Employees’ State Insurance (Central) Amendment Rules, 2023. (2) They shall be deemed to have come into force on the 1st day of January, 2021, and shall remain in force for a period of six months till the 30th day of June, 2021. 2. In the Employees’ State Insurance (Central) Rules, 1950, - (a) in rule 55, in sub -rule (1), after the third proviso, the following proviso shall be inserted, namely: - “Provided also that a person, appointed before the 1st April, 2020, shall be qualified to claim si ckness benefit for the period 1st January, 2021 to the 30th June 2021, if the contributions in respect of such person were payable for not less than thirty -nine days during the contribution period 1st April, 2020 to the 30th September, 2020, or for not les s than seventy -eight days during the contribution period 1st October, 2019 to the 31st March, 2020, and the daily rate of sickness benefit for that person shall be as provided in sub -rule (2) calculated on basis of standard benefit rate applicable during t he contribution period 1st April, 2020 to the 30th September, 2020 or during the contribution period 1st October, 2019 to the 31st March, 2020, as the case may be.”; (b) in rule 56, in sub -rule (1), the following proviso shall be inserted, namely: - “Provided t hat an insured woman shall be eligible to claim maternity benefit for a confinement occurring or expected to occur during the benefit period 1st January, 2021 to the 30th June, 2021, if the contributions to such woman were payable for not less than thirty -five days in the immediately preceding two consecutive contribution periods, namely, the 1st October, 2019 to the 31st March, 2020 and the 1st April, 2020 to the 30th September, 2020.”. [F. No. S -65012/02/2021 -SS-I] ALOK CHANDRA , Senior Labour and Employm ent Advisor 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. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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