1. Introduction -
The Employees State Insurance Act,1948 is a great landmark in the history of social security legislation in India. Its object is to protect the interest of workers and their families, who are exposed to the risks of sickness, employment injury, occupational diseases and Maternity in case of female employees. Section 3 to 25 of the Employees State Insurance Act 1948 lays down the provisions relating to the Employees State Insurance Corporation, Standing Committee and Medical benefit Council. Section 3 to7 of the said Act lays down the provisions relating to Employees State Insurance Corporation.
2. Constitution of Medical Benefit Council -
(1) The Central Government shall constitute a Medical Benefit Council consisting of -
(a) the Director-General, the Employees’ State Insurance Corporation, ex-officio as Chairman.
(b) the Director-General, Health Services, ex officio as Co-chairman;
(c) the medical commissioner of the Corporation, ex officio;
(d) one member each representing each of the States (other than Union Territories) in Which this Act is in force to be appointed by the State Government concerned;
(e) three members representing employers to be appointed by the Central Government in consultation with such organizations of employers as may be recognized for the purpose by the Central Government;
(f) three members representing employees to be appointed by the Central Government in consultation with such organizations of employees as may be recognized for the purpose by the Central Government; and
(g) three members, of whom not less than one shall be a woman, representing the medical profession, to be appointed by the Central Government in consultation with such organizations of medical practitioners as may be recognized for the purpose by the Central Government.
(2) Save as otherwise expressly provided in this Act, the term of office of a member of the Medical Benefit Council, other than a member referred to in any of the clauses (a) to (d) of sub-sec. (1), shall be four years from the date on which his appointment is notified:
PROVIDED that a member of the Medical Benefit Council shall notwithstanding the expiry of the said period of four years continue to hold office until the appointment of his successor is notified.
(3) A member of the Medical Benefit Council referred to in clauses (b) and (d) of sub-section (1) shall hold office during the pleasure of the government appointing him.
3.Resignation of membership
According to Section 11 of the said Act, A member of the Corporation, the Standing Committee or the Medical Benefit Council may resign his office by notice in writing to the Central Government and his seat shall fall vacant on the acceptance of the resignation by that government.
4. Cessation of membership
According to Section 12 of the Employees State Insurance Act, 1948
(1) A member of the Corporation, the Standing Committee or the Medical Benefit Council shall cease to be a member of that body if he fails to attend three consecutive meetings thereof :
Provided that the Corporation, the Standing Committee or the Medical Benefit Council, as the case may be, may, subject to rules made by the Central Government in this behalf, restore him to membership.
(2) Where in the opinion of the Central Government any person appointed or elected to represent employers, employees or the medical profession on the Corporation, the Standing Committee or the Medical Benefit Council, as the case may be, has ceased to represent such employers, employees, or the medical profession, the Central Government may, by notification in the Official Gazette, declare that with effect from such date as may be specified therein such person shall cease to be a member of the Corporation, the Standing Committee or the Medical Benefit Council, as the case may be.
(3) A person referred to in clause (i) of section 4 shall cease to be a member on becoming a Minister or Speaker or Deputy Speaker of the House of the People or Deputy Chairman of the Council of States or when he ceases to be a member of Parliament.
5. Disqualification
Disqualification A person shall be disqualified for being chosen as or for being a member of the Medical Benefit Council-
(a) if he is declared to be of unsound mind by a competent court; or
(b) if he is an undischarged insolvent; or
(c) if he has directly or indirectly by himself or by his partner any interest in a subsisting contract with, or any work being done for, the Corporation except as a medical practitioner or as a shareholder (not being a director) of a company; or
(d) if before or after the commencement of this Act, he has been convicted of an offense involving moral turpitude.
6. Filling of vacancies
(1) Vacancies in the office of appointed or elected members of the Medical Benefit Council shall be filled by appointment or election, as the case may be.
(2) A member of the Medical Benefit Council appointed or elected to fill a casual vacancy shall hold office only so long as the member in whose place he is appointed or elected would have been entitled to hold office, if the vacancy had not occurred.
7. Fees and allowances
Members of the Medical Benefit Council shall receive such fees and allowances as may from time to time be prescribed by the Central Government.
See also...
Employees State Insurance Corporation (E.S.I.C): Constitution, Powers of the Employees State Insurance Corporation (E.S.I.C) | Labor Law
The Employees State Insurance Act,1948 is a great landmark in the history of social security legislation in India. Its object is to protect the interest of workers and their families, who are exposed to the risks of sickness, employment injury, occupational diseases and Maternity in case of female employees. Section 3 to 25 of the Employees State Insurance Act 1948 lays down the provisions relating to the Employees State Insurance Corporation, Standing Committee and Medical benefit Council. Section 3 to7 of the said Act lays down the provisions relating to Employees State Insurance Corporation.
2. Constitution of Medical Benefit Council -
(1) The Central Government shall constitute a Medical Benefit Council consisting of -
(a) the Director-General, the Employees’ State Insurance Corporation, ex-officio as Chairman.
(b) the Director-General, Health Services, ex officio as Co-chairman;
(c) the medical commissioner of the Corporation, ex officio;
(d) one member each representing each of the States (other than Union Territories) in Which this Act is in force to be appointed by the State Government concerned;
(e) three members representing employers to be appointed by the Central Government in consultation with such organizations of employers as may be recognized for the purpose by the Central Government;
(f) three members representing employees to be appointed by the Central Government in consultation with such organizations of employees as may be recognized for the purpose by the Central Government; and
(g) three members, of whom not less than one shall be a woman, representing the medical profession, to be appointed by the Central Government in consultation with such organizations of medical practitioners as may be recognized for the purpose by the Central Government.
(2) Save as otherwise expressly provided in this Act, the term of office of a member of the Medical Benefit Council, other than a member referred to in any of the clauses (a) to (d) of sub-sec. (1), shall be four years from the date on which his appointment is notified:
PROVIDED that a member of the Medical Benefit Council shall notwithstanding the expiry of the said period of four years continue to hold office until the appointment of his successor is notified.
(3) A member of the Medical Benefit Council referred to in clauses (b) and (d) of sub-section (1) shall hold office during the pleasure of the government appointing him.
3.Resignation of membership
According to Section 11 of the said Act, A member of the Corporation, the Standing Committee or the Medical Benefit Council may resign his office by notice in writing to the Central Government and his seat shall fall vacant on the acceptance of the resignation by that government.
See also... Rights of Registered Trade Unions | Labor Law
4. Cessation of membership
According to Section 12 of the Employees State Insurance Act, 1948
(1) A member of the Corporation, the Standing Committee or the Medical Benefit Council shall cease to be a member of that body if he fails to attend three consecutive meetings thereof :
Provided that the Corporation, the Standing Committee or the Medical Benefit Council, as the case may be, may, subject to rules made by the Central Government in this behalf, restore him to membership.
(2) Where in the opinion of the Central Government any person appointed or elected to represent employers, employees or the medical profession on the Corporation, the Standing Committee or the Medical Benefit Council, as the case may be, has ceased to represent such employers, employees, or the medical profession, the Central Government may, by notification in the Official Gazette, declare that with effect from such date as may be specified therein such person shall cease to be a member of the Corporation, the Standing Committee or the Medical Benefit Council, as the case may be.
(3) A person referred to in clause (i) of section 4 shall cease to be a member on becoming a Minister or Speaker or Deputy Speaker of the House of the People or Deputy Chairman of the Council of States or when he ceases to be a member of Parliament.
5. Disqualification
Disqualification A person shall be disqualified for being chosen as or for being a member of the Medical Benefit Council-
(a) if he is declared to be of unsound mind by a competent court; or
(b) if he is an undischarged insolvent; or
(c) if he has directly or indirectly by himself or by his partner any interest in a subsisting contract with, or any work being done for, the Corporation except as a medical practitioner or as a shareholder (not being a director) of a company; or
(d) if before or after the commencement of this Act, he has been convicted of an offense involving moral turpitude.
See also... Illegal Strike and Lockout | Labor Law
6. Filling of vacancies
(1) Vacancies in the office of appointed or elected members of the Medical Benefit Council shall be filled by appointment or election, as the case may be.
(2) A member of the Medical Benefit Council appointed or elected to fill a casual vacancy shall hold office only so long as the member in whose place he is appointed or elected would have been entitled to hold office, if the vacancy had not occurred.
7. Fees and allowances
Members of the Medical Benefit Council shall receive such fees and allowances as may from time to time be prescribed by the Central Government.
See also...
Employees State Insurance Corporation (E.S.I.C): Constitution, Powers of the Employees State Insurance Corporation (E.S.I.C) | Labor Law
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