ESIC issues Draft Employees’ State Insurance (General) Amendment Regulations, 2020

Feb 13, 2020 | by Avantis RegTech Legal Research Team

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Labour Compliance

The Employees State Insurance Corporation (ESIC) on February 13, 2020, has issued a Draft Employees’ State Insurance (General) Amendment Regulations, 2020 to further amend the Employees’ State Insurance (General) Regulation, 1950.

 The vide amendment Regulations, inserts certain Regulations, namely:

i. Regulation 87A: 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 together with Agreement of embryo implantation executed between commissioning mother with the other woman.

ii. 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.

iii. Regulation 89C: Claim for Maternity Benefit by Commissioning Mother - Every Commissioning mother claiming maternity benefit shall submit to the appropriate office a claim for maternity benefit in Form 19 (Amended) together with copy of agreement on non-judicial stamp paper, copy of certificate issued by Assisted Reproductive Technology Clinic and copy of birth certificate issued by the authority. 

iv. Regulation 89D: Claim for Maternity Benefit by Adoptive Mother - 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 incorporating the name of adoptive parents or single Insured woman. In case of annulment of adoption approved by the court Insured Woman will refund maternity benefit received by her

 Regulation Revised Form No. 17 and Form No. 19:

i. Form 17: Certificate/Notice of Pregnancy Maternity Benefit (Regulation 87 and 87A).

ii. Form 19: Claim for Maternity Benefit and Notice of Work.

They will come into force on publication of final notification in the Gazette of India.

[Notification No. N-12/13/1/2016-P&D]


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