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ESI: Exemption from payment of employee’s contribution (Rule 52 Amendment)

During the 176th meeting of ESI Corporation held on 5th December, 2018, it had been decided, keeping in view the rise in the National Floor Level Minimum Wages to Rs. 176, to enhance the exemption limit for payment of employees’ share of contribution from Rs. 137 to Rs. 176.

Recently, the same has been given an effect by Ministry of Labour and Employment's notification on 6th September, 2019.

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Rule 52 of the Employees’ State Insurance (Central) Rules, 1950: Exemption from payment of employee’s contribution.—

“The average daily wages during a wage period for exemption from payment of employee’s contribution under section 42 shall be upto and inclusive of rupees one hundred thirty seven.”

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Ministry of Labour and Employment Notification dated the 6th September, 2019 (Date of its publication in the Official Gazette: 6th September, 2019).—

G.S.R. 638(E).—Whereas, a draft containing certain 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. 471(E), dated the 3rd July, 2019 as required by 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 Official Gazette containing the said notification was published were made available to public;

 And whereas, the copies of the said Official Gazette were made available to the public on the 4th July, 2019;

 And whereas, no objection 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' State Insurance Act, 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, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Employees' State Insurance (Central) Rules, 1950, in rule 52, for the words “rupees one hundred thirty seven”, the words “rupees one hundred seventy six” shall be substituted.



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 and was last amended vide notification number G.S.R. 599(E), dated the 26th August, 2019.

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