ESIC notifies Employees' State Insurance (General) Amendment Regulations, 2018

On November 19, the Employees' State Insurance Corporation (ESIC), Ministry of Labour & Employment, Government of India, issued a Notification amending the Employees’ State Insurance (General) Regulations, 1950. The amended version is called the Employees' State Insurance (General) Amendment Regulations, 2018.

The Notification states:

“Whereas draft regulation further to amend the Employees’ State Insurance (General) Regulations, 1950 was published as required under sub-section (1) of Section 97 of the Employees’ State Insurance Act, 1948 (34 of 1948), in the Gazette of India, Part-I – Section – 4, dated August 13, 2018 for inviting objections and suggestions from all persons likely to be affected thereby till the expiry of the period of Thirty days from the date on which this notification was published, are made available to the public:

And whereas, the said Gazette was made available to the public on 13.08.2018;

And no objections and suggestions were received from any of the persons likely to be affected;

Now, therefore, in exercise of the powers conferred by Section 97 of the Employees’ State Insurance Act, 1948 (34 of 1948), the Employees' State Insurance Corporation has made the following Regulations further to amend the Employees' State Insurance (General) Regulations, 1950:

• These Regulations may be called Employees' State Insurance (General) Amendment Regulations, 2018.
• In the Employees’ State Insurance (General) Regulations, 1950. The Proviso to Regulation 31C shall be replaced as under:

Provided that the Corporation in relation to a company in respect of which a Resolution Plan has been sanctioned by the National Company Law Tribunal under the Insolvency & Bankruptcy Code, 2016 may: (a) Waive up to 50 percent of the damages levied or leviable depending upon merits of the case. (b)In exceptional hard cases, waive either totally or partially the damages levied or leviable.”