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Medical Benefit Council (The Employees State Insurance Act, 1948)

The Medical Benefit Council is an advisory body established under Section 10 of the Employees State Insurance Act, 1948. It advises on matters related to administering medical benefits under the ESI scheme. The Council consists of representatives from the government, employers, employees, and medical professionals. Members serve 4-year terms with the exception of certain government representatives. Members can resign by notifying the central government or be removed for missing meetings or no longer representing their designated group. The Council's duties include advising on medical benefit administration and certification, investigating complaints against medical practitioners, and other duties specified in regulations.

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7K views2 pages

Medical Benefit Council (The Employees State Insurance Act, 1948)

The Medical Benefit Council is an advisory body established under Section 10 of the Employees State Insurance Act, 1948. It advises on matters related to administering medical benefits under the ESI scheme. The Council consists of representatives from the government, employers, employees, and medical professionals. Members serve 4-year terms with the exception of certain government representatives. Members can resign by notifying the central government or be removed for missing meetings or no longer representing their designated group. The Council's duties include advising on medical benefit administration and certification, investigating complaints against medical practitioners, and other duties specified in regulations.

Uploaded by

Adan Hooda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Medical Benefit Council (The Employees State Insurance Act, 1948)

The Medical Benefit Council is an advisory body on matters related to the administration of
medical benefits under the ESI scheme. According to Section 10 of ESI Act, 1948, The Central
Government shall constitute a Medical Benefit Council consisting of –

 The Director-General of ESIC as Chairman.


 The Director-General of Health Services as co-Chairman.
 The Medical Commissioner of ESIC.
 One member for each state appointed by State Government.
 Three members representing employers.
 Three members representing employees.
 Three members including one woman representing the medical profession.

Tenure of the members of the Medical Benefit council


The following members of the Medical Benefit Council are appointed for a period of 4 years,
these are:
 The Director-General of ESIC as Chairman.
 The Director-General of Health Services as co-Chairman.
 The Medical Commissioner of ESIC.
 One member for each state appointed by State Government.

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.

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. 

Disqualification (section 13)


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.

Duties of Medical Benefit Council (section 22)

The Medical Benefit Council shall


- a) Advise the Corporation and the Standing Committee on matters relating to the
administration of medical benefit the certification for purposes of the grant of benefits and other
connected matters;
(b) Have such powers and duties of investigation as may be prescribed in relation to complaints
against medical practitioners in connection with medical treatment and attendance; and
(c) Perform such other duties in connection with medical treatment and attendance as may be
specified in the regulations.

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