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---                                                                             IMPORTANT/MOST URGENT




                                                                                 SPEED POST




  •
                                                 HQRS.OFFICE
                  EMPLOYEES' STATE INSURANCE CORPORATION
                          PANCHDEEP BHAVAN, CIG ROAD, NEW DELHI-110 002
                        E-mail: dir-pncl@esic.nic.in,    Phone/Fax-Oll-232388    10: VOIP no.-lOOll038   .


      No. X-11/14/1/2002-P&D                                  Dated: '21/06/2011

                                                        CIRCULAR

      Subject:       Amendments            in Employees'             State      Insurance      (Central) Rules,
                     Rules, 1950.

      Sir,
                    A copy of the              Notification No. S-38012/1/2011-SS.1.                              dated
      15/6/2011       issued      by     the      Central         Government          carrying       out         further
      amendments in Employees' State Insurance (Central) Rules, 1950 is enclosed
      herewith for information and immediate necessary action. The Gazette of India
      amending above Rules is awaited from the Govt. Press and will be sent to all
      concerned immediately after the same is received.
      (2)           The amendments               as carried out as per above Notification                            are
      effective    from     01/07/2011.                  Therefore,       all Regional Directors /                 Joint
      Directors (I/C) are advised to ensure that the amendments are complied with
      from above date.


      Encl: 4 pages.
                     Hindi version will follow
                                                                                                             I
                                                                                                 (R.C.SHARMA)
                                                                                                 Director (P&D)
         (1)   Additional Commissioner (Benefits), Hqrs. Office.
         (2)   Joint Director (Benefits), Hqrs. Office.
         (3)   All Regional Directors/ Joint Directors (I/C), SROs/Divisional
               Offices                                        for immediate compliance.
         (4)   PS to Insurance Commissioner.

 /copy        forwarded to: - Joint Director (System). It is requested that this circular
         alongwith copy of Notification may kindly be uploaded on official wfbsite
         immediately.                                                           ~(J
                                                                            (H.K.MEHTA)                                    _
                                                               DEPUTY DIRECTOR (P&D)
OJ


     [To be published in the Gazette of India, Extraordinary, Part 11,Section 3, Sub-section (i)]



                                      GOVERNMENT OF INDIA
                             MINISTRY OF LABOUR AND EMPLOYMENT


                                                                    New Delhi, the


                                            NOTIFICATION


G.S.R.            (E).- Whereas     certain draft   rules further    to amend    the    Employees'       State
Insurance (Central) Rules, 1950, were published as required by sub-section (1) of section 95 of
the Employees' State Insurance Act, 1948 (34 of 1948), vide notification of the Govemment of
India    in the   Ministry   of Labour and     Employment,     number      G.S.R.    230   (E). dated      the
23'd March, 2011, in the Gazette of India, Extraordinary, Part 11,Section 3, Sub-section (:). dated
the 23'd March, 2011, inviting objections and suggestions from all persons likely to be affected
thereby before the expiry of the period of thirty days from the date on which the cop.es of the
Gazette of India in which the said notification was published, were made available to the public;

          And whereas, the copies of the said Gazette were made available to the public on
23'd March, 2011;


          And whereas no objection or suggestion         has been received from any pers ; -, in this
regard;


          Now, therefore, in exercise of the powers conferred by section 95 of the E~::;oyees'
 State Insurance Act         1948, the Central Government.     after consultation      with the   = -:   oyees'
 State Insurance Corporation, hereby makes the following rules further to amend the               c- c.oyees'
 State Insurance (Central) Rules, 1950, namely: -



 1      (1) These rules may be called the Employees'           State Insurance       (Central)    Amendment
        Rules, 2011.

        (2) They shall come into force with effect from the 1st day of July, 2011.

 2      In the Employees' State Insurance (Central) Rules, 1950, -

                                                                                       MW.~",=--
                                                                                       ~~IF'1
                                                                                                    . ~.:iUo" u
                                                                                                                  (
(1 )    in rule 2, -
        (i)     for clause (1A), the following clause shall be substituted, namely: -
        '(1A) "average daily wages during a contribution period" in respect of an
        employee, means the aggregate amount of wages payable to him during
        that period divided      by the number of days for which such wages were
        payable;';

        (ii)    for clause (7A), the following clause shall be substituted, namely: -

        '(7A) "standard benefit rate" means average daily wages obtained by
        dividing the total wages paid during the contribution period by the number
        of days for which these wages were paid;';

 (2)     in rule 52, for the words "rupees seventy", the words "rupees one hundred"
         shall be substituted;
 (3)     rule 54 shall be omitted;
 (4)     in rule 55, for sub-rule (2), the following sub-rule shall be substituted:
         namely: -

          "(2) The daily rate of sickness benefit in respect of a person during any
         benefit period shall be seventy per cent. of the standard benefit rate of that
         person during the corresponding     contribution period rounded to the nex;
         higher rupee.";

  (5)     in rule 56, for sub-rule (5), the following sub-rule shall be substitute;
          namely: -

          "(5) The daily rate of maternity benefit payable in respect of confinement
          occurring or expected to occur during any benefit period shall be equal to
          the standard benefit rate in respect of the insured woman during the
          corresponding contribution period; rounded      to the next higher rupee, or
          rupees twenty-five, whichever is higher.";

  (6)     in rule 57, for sub-rule (3), the following sub-rule shall be substituted..
          namely: -
->-

      "(3) The daily rate of disablement benefit shall be ninety per cent. of the
      standard    benefit rate in the contribution    period corresponding    to the
      benefit period in which the employment injury occurs, rounded to the next
      higher rupee:

      Provided that where an employment injury occurs before commencement
      of the first benefit period    in respect of a person,      the daily rate of
      disablement benefit shall be -

      (i)     where a person sustains employment injury after the expiry of the
      first wage period in the contribution      period in which the injury occurs,
      ninety per cent. of his average daily wages in that wage period, rounded to
      the next higher rupee;

      (ii)    where a person sustains employment injury before the expiry of the
      first wage period in the contribution      period in which the injury occurs,
       ninety per cent. of his wages actually earned or which would have been
       earned, had he worked for a full day on the date of accident, rounded to
       the next higher rupee.

       Explanation. - The disablement      benefit calculated as aforesaid shall be
       called the "full rate.";

(7)    in rule 58, for sub-rule (2), the following sub-rule shall be substituted,
       namely: -

        "(2) The daily rate of dependant's benefit shall be ninety per cent. of the
       standard    benefit rate in the contribution    period corresponding    to the
       benefit period in which the employment injury occurs:

       Provided     that    where   an   employment     injury   occurs   before   the
       commencement of the first benefit period in respect of a person, the daily
        rate of dependants' benefit shall be -
(i) where a person sustains employment injury after the expiry of the first
               wage period in the contribution period in which the injury occurs, ninety
               per cent. of his average daily wages during that wage period rounded to
               the next higher rupee;

               (ii) where a person sustains employment injury before the expiry of the
               first wage period in the contribution period in which the injury occurs,
                ninety per cent. of wages actually earned or which would have been
                earned had he worked for a full day on the date of accident, rounded to
                the next higher rupee.".




                                                                             [No. S-38012/1/2011-SS-11

                                                                                       ~1~

                                                                                      (RAVI MATHUR)
                                                                   Add. Secretary to the Govt. of India



Note:   The principal rules were published in the Gazette of India, Part 11,Section 3, Sub-section (i) vide
                                                      nd
        notification number S.R.O. 212, dated the 22 June, 1950 and last amended vide notification
                                            rd
        number G.S.R. 229 (E), dated the 23 March, 2011.

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Esic 21 06-11 notification

  • 1. --- IMPORTANT/MOST URGENT SPEED POST • HQRS.OFFICE EMPLOYEES' STATE INSURANCE CORPORATION PANCHDEEP BHAVAN, CIG ROAD, NEW DELHI-110 002 E-mail: dir-pncl@esic.nic.in, Phone/Fax-Oll-232388 10: VOIP no.-lOOll038 . No. X-11/14/1/2002-P&D Dated: '21/06/2011 CIRCULAR Subject: Amendments in Employees' State Insurance (Central) Rules, Rules, 1950. Sir, A copy of the Notification No. S-38012/1/2011-SS.1. dated 15/6/2011 issued by the Central Government carrying out further amendments in Employees' State Insurance (Central) Rules, 1950 is enclosed herewith for information and immediate necessary action. The Gazette of India amending above Rules is awaited from the Govt. Press and will be sent to all concerned immediately after the same is received. (2) The amendments as carried out as per above Notification are effective from 01/07/2011. Therefore, all Regional Directors / Joint Directors (I/C) are advised to ensure that the amendments are complied with from above date. Encl: 4 pages. Hindi version will follow I (R.C.SHARMA) Director (P&D) (1) Additional Commissioner (Benefits), Hqrs. Office. (2) Joint Director (Benefits), Hqrs. Office. (3) All Regional Directors/ Joint Directors (I/C), SROs/Divisional Offices for immediate compliance. (4) PS to Insurance Commissioner. /copy forwarded to: - Joint Director (System). It is requested that this circular alongwith copy of Notification may kindly be uploaded on official wfbsite immediately. ~(J (H.K.MEHTA) _ DEPUTY DIRECTOR (P&D)
  • 2. OJ [To be published in the Gazette of India, Extraordinary, Part 11,Section 3, Sub-section (i)] GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT New Delhi, the NOTIFICATION G.S.R. (E).- Whereas certain draft rules further to amend the Employees' State Insurance (Central) Rules, 1950, were published as required by sub-section (1) of section 95 of the Employees' State Insurance Act, 1948 (34 of 1948), vide notification of the Govemment of India in the Ministry of Labour and Employment, number G.S.R. 230 (E). dated the 23'd March, 2011, in the Gazette of India, Extraordinary, Part 11,Section 3, Sub-section (:). dated the 23'd March, 2011, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of the period of thirty days from the date on which the cop.es of the Gazette of India in which the said notification was published, were made available to the public; And whereas, the copies of the said Gazette were made available to the public on 23'd March, 2011; And whereas no objection or suggestion has been received from any pers ; -, in this regard; Now, therefore, in exercise of the powers conferred by section 95 of the E~::;oyees' State Insurance Act 1948, the Central Government. after consultation with the = -: oyees' State Insurance Corporation, hereby makes the following rules further to amend the c- c.oyees' State Insurance (Central) Rules, 1950, namely: - 1 (1) These rules may be called the Employees' State Insurance (Central) Amendment Rules, 2011. (2) They shall come into force with effect from the 1st day of July, 2011. 2 In the Employees' State Insurance (Central) Rules, 1950, - MW.~",=-- ~~IF'1 . ~.:iUo" u (
  • 3. (1 ) in rule 2, - (i) for clause (1A), the following clause shall be substituted, namely: - '(1A) "average daily wages during a contribution period" in respect of an employee, means the aggregate amount of wages payable to him during that period divided by the number of days for which such wages were payable;'; (ii) for clause (7A), the following clause shall be substituted, namely: - '(7A) "standard benefit rate" means average daily wages obtained by dividing the total wages paid during the contribution period by the number of days for which these wages were paid;'; (2) in rule 52, for the words "rupees seventy", the words "rupees one hundred" shall be substituted; (3) rule 54 shall be omitted; (4) in rule 55, for sub-rule (2), the following sub-rule shall be substituted: namely: - "(2) The daily rate of sickness benefit in respect of a person during any benefit period shall be seventy per cent. of the standard benefit rate of that person during the corresponding contribution period rounded to the nex; higher rupee."; (5) in rule 56, for sub-rule (5), the following sub-rule shall be substitute; namely: - "(5) The daily rate of maternity benefit payable in respect of confinement occurring or expected to occur during any benefit period shall be equal to the standard benefit rate in respect of the insured woman during the corresponding contribution period; rounded to the next higher rupee, or rupees twenty-five, whichever is higher."; (6) in rule 57, for sub-rule (3), the following sub-rule shall be substituted.. namely: -
  • 4. ->- "(3) The daily rate of disablement benefit shall be ninety per cent. of the standard benefit rate in the contribution period corresponding to the benefit period in which the employment injury occurs, rounded to the next higher rupee: Provided that where an employment injury occurs before commencement of the first benefit period in respect of a person, the daily rate of disablement benefit shall be - (i) where a person sustains employment injury after the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent. of his average daily wages in that wage period, rounded to the next higher rupee; (ii) where a person sustains employment injury before the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent. of his wages actually earned or which would have been earned, had he worked for a full day on the date of accident, rounded to the next higher rupee. Explanation. - The disablement benefit calculated as aforesaid shall be called the "full rate."; (7) in rule 58, for sub-rule (2), the following sub-rule shall be substituted, namely: - "(2) The daily rate of dependant's benefit shall be ninety per cent. of the standard benefit rate in the contribution period corresponding to the benefit period in which the employment injury occurs: Provided that where an employment injury occurs before the commencement of the first benefit period in respect of a person, the daily rate of dependants' benefit shall be -
  • 5. (i) where a person sustains employment injury after the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent. of his average daily wages during that wage period rounded to the next higher rupee; (ii) where a person sustains employment injury before the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent. of wages actually earned or which would have been earned had he worked for a full day on the date of accident, rounded to the next higher rupee.". [No. S-38012/1/2011-SS-11 ~1~ (RAVI MATHUR) Add. Secretary to the Govt. of India Note: The principal rules were published in the Gazette of India, Part 11,Section 3, Sub-section (i) vide nd notification number S.R.O. 212, dated the 22 June, 1950 and last amended vide notification rd number G.S.R. 229 (E), dated the 23 March, 2011.