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Unit 5: The Employees’ State Insurance Act, 1948: Adjudication, Benefits, and Penalties under the Act

Section 10 empowers the Central Government to constitute a Medical Benefit Council. Section Notes
22 determines the duties of the Medical Benefit Council stating that the Council shall:
(a) advise the Corporation and the Standing Committee on matters relating to administration of
medical benefit, the certification for purposes of the grant of benefit 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.

Self Assessment

Fill in the blanks:

7. ........................... empowers the ESI, to promote measures for the improvement of the health
and welfare of insured persons.
8. The ESI Act provides for the constitution of a ........................... under Section 8 from amongst
its members.
9. Section 10 of ESI Act empowers the Central Government to constitute a ...........................

5.3 Adjudication of Dispute and Claims

5.3.1 Constitution of Employees’ Insurance Court

(1) The State Government shall, by notification in the Official Gazette, constitute an Employees’
Insurance Court for such local area as may be specified in the notification.
(2) The Court shall consist of such number of Judges as the State Government may think fit.
(3) Any person who is or has been a judicial officer or is a legal practitioner of five years’
standing shall be qualified to be a Judge of the Employees’ Insurance Court.
(4) The State Government may appoint the same Court for two or more local areas or two or
more Courts for the same local area.
(5) Where more than one Court has been appointed for the same local area, the State Government
may by general or special order regulate the distribution of business between them.
5.3.2 Matters to be decided by Employees’ Insurance Court

(1) If any question or dispute arises as to-
(a) whether any person is an employee within the meaning of this Act or whether he is liable to
pay the employee’s contribution, or

(b) the rate of wages or average daily wages of an employee for the purposes of this Act, or
(c) the rate of contribution payable by a principal employer in respect of any employee, or
(d) the person who is or was the principal employer in respect of any employee, or
(e) the right of any person to any benefit and as to the amount and duration thereof, or any
direction issued by the Corporation under section 55A on a review of any payment of dependants
benefits, or

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