1[(a)A Chairman to be 2[appointed]
by the Central Government;
(b)A Vice-Chairman to be 2[appointed] by the Central Government;]
(c)Not more than five persons to be 2[appointed] by the
Central Government3* * *;
(d)One person each, representing each of the 4[5[States]
in which this Act is in force] to be 2[appointed] by the
State Government concerned;
(e)One person to be 2[appointed] by the Central Government
to represent the 6[Union territories];
(f)4[ten] persons representing employers to be 2[appointed]
by the Central Government in consultation with such organisations
of employers as may be recognised for the purpose by the Central
Government;
(g)4[ten] persons representing employees to be 2[appointed]
by the Central Government in consultation with such organisations
of employees as may be recognised for the purpose by the Central
Government;
(h)Two persons representing the medical profession to be 2[appointed]
by the Central Government in consultation with such organisations
of medical practitioners as may be recognised for the purpose
by the Central Government; 7* * *
8[(i)Three members of Parliament of whom two shall be members
of the House of the People (Lok Sabha) and one shall be a member
of the Council of States (Rajya Sabha) elected respectively by
the members of the House of the People and the members of the
Council of States; and
(j)The Director General of the Corporation, ex-officio.]1.Subs.
by Act No. 44 of 1966, s. 4, for the original cls. (w.e.f. 17-6-1967).
2.Subs. for “nominated” and “nomination” by Act No. 29 of 1989,
s. 4, (w.e.f. 20- 10-1989).
3.The words “of whom at least three shall be officials of the
Central Government” omitted by Act No. 44 of 1966, s. 4. (w.e.f.
17-6-1967).
4.Subs. for “five” by Act No. 29 of 1989, s. 4 (w.e.f. 20-10-1989).
5.Subs. by the A.0. (No. 3) 1956, for “Part A States and B States”.
6.Subs. by the A.0. (No. 3) 1956, for “Part C States”.
7.The word “and” omitted by Act No. 44 of 1966,
s. 4 (w.e.f. 17-6-1967).
(l)Save as otherwise expressly provided in this Act, the term of
office of members of the Corporation, other than 1[the members
referred to in clauses (a), (b), (c), (d) and (e) of section 4 and
the ex-offico member,] shall be four years commencing from the date
on which their 2[appointment] or election is notified:
Provided that a member of the Corporation shall, notwithstanding
the expiry of the said period of four years, continue to hold office
until the 2[appointment] or election of his successor is notified.
(2)The members of the Corporation referred to in clauses 3(a),
(b), (c), (d) and (e)] of section 4 shall hold office during the pleasure
of the Government 2[appointing] them.
1.Subs. by Act No. 44 of 1966 s. 5, for certain words (w.e.f. 17-6-1967).
2.Subs. for “nominating”, “re-nomination” and “nominated” by Act
No. 29 of 1989, s. 4, (w.e.f. 20-10-1989).
3.Subs. by Act No. 44 of 1966, s. 5, for “(c), (d) and (e)” (w.e.f.
17-6-1967).
6.Eligibility for re-nomination or re-election.
-An outgoing member of the Corporation, the Standing Committee,
or the Medical Benefit Council shall be eligible for 1[re-appointment]
or re-election as the case may be.
1.Subs. for “nominating”, “re-nomination” and “nominated” by Act
No. 29 of 1989, s. 4, (w.e.f. 20-10-1989).
1[7.Authentication of orders, decisions,
etc.-All orders and decisions of the Corporation shall be authenticated
by the signature of the Director General of the Corporation and all
other instruments issued by the Corporation shall be authenticated
by the signature of the Director General or such other officer of
the Corporation as may be authorised by him].
1.Subs by Act No. 44 of 1966, s. 6, for s. 7 (w.e.f. 17-6-1967).
8.Constitution of Standing Committee. -A
Standing Committee of the Corporation shall be constituted from among
its members, consisting of-
(a)A Chairman, 1[appointed] by the Central Government;
(b)Three members of the Corporation, 1[appointed] by the Central
Government];
2[(bb)Three members of the Corporation representing such three
State Governments thereon as the Central Government may, by notification
in the Official Gazette, specify from time to time;]
(c)3[eight] members elected by the Corporation as follows
4 * * * * *
(ii)5[three] members from among the members of the corporation
representing employers;
(iii)5[three] members from among the members of the Corporation
representing employees;
(iv)One member from among the members of the Corporation representing
the medical profession; and
(v)One member from among the members of the Corporation elected by
6[Parliament];
7[(d)The Director General of the Corporation, ex officio].
1.Subs. for “nominating”, “re-nomination” and “nominated” by Act
No. 29 of 1989, s. 4, (w.e.f. 20-10-1989).
2.Ins. by Act No. 53 of 1951, s. 5.
3.Subs. by Act No. 44 of 1966, s. 7, for “six” (w.e.f. 17-6-1967).
4.Sub-clause (i) omitted by Act No. 53 of 1951, s. 5.
5.Subs. by Act No. 44 of 1966, s. 7, for “two” (w.e.f. 17-6-1967)
6.Subs. by the A.0. 1950, for “the Central Legislature”.
7.Ins. by Act No. 44 of 1966, s. 7 (w.e.f. 17-6-1967).
9.Term of office of members of Standing Committee.-
(l)Save as otherwise expressly provided in this Act, the term of
office of a members of the Standing Committee, other than a member
referred to in clause (a) or 1[clause (b) or clause (bb)] of
section 8, shall be two years from the date on which his election
is notified:
Provided that a member of the Standing Committee shall, notwithstanding
the expiry of the said period of two years, continue to hold office
until the election of his successor is notified:
Provided further that a member of the Standing Committee shall cease
to hold office when he ceases to be a member of the Corporation.
(2)A member of the Standing Committee referred to in clause (a) or
1[clause (b) or clause (bb)] of section 8 shall hold office
during the pleasure of the Central Government.
1.Subs. by Act No. 53 of 1951, s. 6, for “clause (b)”.
10.Medical Benefit Council. –
(1)The Central Government shall constitute a Medical Benefit Council
consisting of-
(a)The Director General, Health Services ex officio, as Chairman;
(b)A Deputy Director General, Health Services, to be 1[appointed]
by the Central Government;
(c)The Medical Commissioner of the Corporation, ex-officio;
(d)One member each representing each of the 2[3[States
(other than Union territories)] in which this Act is in force] to
be 1[appointed] by the State Government concerned;
(e)Three members representing employers to be 1[appointed]
by the Central Government in consultation with such organisations
of employers as may be recognised for the purpose by the Central Government;
(f)Three members representing employees to be 1[appointed]
by the Central Government in consultation with such organisations
of employees as may be recognised 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 1[appointed] by the Central Government
in consultation with such organisations of medical practitioners as
may be recognised 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-section (1), shall
be four years from the date on which his 1[appointment] is
notified.
4[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 1[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 1[appointing] him.
1.Subs. for “nominated”, “nominations” and “nominating” by Act No.
29 of 1989, s. 4, (w.e.f. 20-10-1989).
2.Subs. by Act No. 53 of 1951, s. 7, for “Part A States”.
3.Subs. by the A.0. (No. 3) 1956, for “Part A States or Part B States”.
4.Added by Act No. 44 of 1966, s. 8 (w.e.f. 17-6-1967).
11.Resignation of membership. -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.
12.Cessation Of membership. –
1[(l)]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 may to members
2[(2)Where in the opinion of the Central Government any person
3[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
4[(3) A person referred to in clause (i) of section 4 shall
cease to be a member of the Corporation, when he ceases to be a member
of Parliament.]
1.Re-numbered as sub-section (1) by Act No. 53 of 1951.
2.Ins. by Act No. 53 of 1951, s. 8.
3.Subs. for “nominated”, “nomination” and “nominating” by Act No.
29 of 1989, s. 4, (w.e.f. 20-10-1989).
4.Ins. by Act No. 44 of 1966, s. 9 (w.e.f 17-6-1967).
13.Disqualification. -A person shall
be disqualified for being chosen as or for being a member of the Corporation,
the Standing Committee or 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 offence involving moral turpitude.
14.Filling of vacancies. -
(1)Vacancies in the office of 1[appointed] or elected members
of the Corporation, the Standing Committee and the Medical Benefit
Council shall be filled by 1[appointment] or election, as the
case may be.
(2)A member of the Corporation, the Standing Committee or the Medical
Benefit Council 1[appointed] or elected to fill a casual vacancy
shall hold office only so long as the member in whose place he is
1[appointed] or elected would have been entitled to hold office
if the vacancy had not occurred.
1.Subs. for “nominated”, “nomination” and “nominating” by Act
No. 29 of 1989, s. 4, (w.e.f. 20-10-1989).
15.Fees and allowances. -Members of
the Corporation, the Standing Committee and the Medical Benefit Council
shall receive such fees and allowances as may from time to time be
prescribed by the Central Government.
16.Principal Officers. -
1[(1)The Central Government may, in consultation with the
Corporation, appoint a Director General and a Financial Commissioner.]
(2)The Director General shall be the Chief Executive Officer of the
Corporation.
(3)2[The Director General and The Financial Commissioner]
shall be whole-time officers of the Corporation and shall not undertake
any work unconnected with their office without the sanction of the
Central Government 3[and of the Corporation].
(4)4[The Director General or the Financial Commissioner] shall
hold office for such period, not exceeding five years, as may be specified
in the order appointing him. An outgoing 5[Director General
or Financial Commissioner] shall be eligible for reappointment if
he is otherwise qualified.
(5)6[The Director General or the Financial Commissioner] shall
receive such salary and allowances as may be prescribed by the Central
Government.
(6)A person shall be disqualified from being appointed as or for
being 7[the Director General or the Financial Commissioner]
if he is subject to any of the disqualifications specified in section
13.
(7)The Central Government may at any time remove 7[the Director
General or the Financial Commissioner] from office and shall do so
if such removal is recommended by a resolution of the Corporation
passed at a special meeting called for the purpose and supported by
the votes of not less than two-thirds of the total strength of the
Corporation.
1.Subs. for sub-section (1) by Act No. 29 of 1989, s. 6 (i), (w.e.f.
20-10-1989).
2.Subs. for “The Principal Officers” by Act No. 29 of 1989, s.
6 (ii), (w.e.f. 20-10-1989).
3.Ins. by Act No. 44 of 1966, s. 10, (w.e.f. 17-6-1967).
4.Subs. for “A Principal Officer” by Act No. 29 of 1989, s. 6 (iii)
(a), (w.e.f. 20-10-1989).
5.Subs. for “Principal Officer” by Act No. 29 of 1989, s. 6 (iii)(b),
(w.e.f.) (20-10-1989).
6.Subs. for “A Principal Officer” by Act No. 29 of 1989, s. 6 (iv),
(w.e.f.) (20-10-1989).
7.Subs. for “A Principal Officer” by Act No. 29 of 1989, s. 6 (v),
(W.e.f. 20-10-1989).
17.Staff. –
(l)The Corporation may employ such other staff of officers and
servants as may be necessary for the efficient transaction of its
business provided that the sanction of the Central Government shall
be obtained for the creation of any post 1[the maximum monthly
salary of which 2[exceeds such salary as may be prescribed
by the Central Government].
3[(2)(a)The method of recruitment, salary and allowances,
discipline and other conditions of service of the members of the
staff of the Corporation shall be such as may be specified in the
regulations made by the Corporation in accordance with the rules
and orders applicable to the officers and employees of the Central
Government drawing corresponding scales of pay:
Provided that where the Corporation is of the opinion that it is
necessary to make a departure from the said rules or orders in respect
of any of the matters aforesaid, it shall obtain the prior approval
of the Central Government.
(b)In determining the corresponding scales of pay of the members
of the staff under clause
(a),The Corporation shall have regard to the education qualifications,
method of recruitment, duties and responsibilities of such officers
and employees under the Central Government and in case of any doubt,
the Corporation shall refer the matter to the Central Government
whose decision thereon shall be final.] (3) Every appointment to
4[posts 5[(other than medical posts)] corresponding
to 6[Group A and Group B] posts under the Central Government],
shall be made in consultation with the 7[Union] Public Service
Commission:
Provided that this sub-section shall not apply to an officiating
or temporary appointment for 8[a period] not exceeding one
year.
9[Provided further that any such officiating or temporary
appointment shall not confer any claim for regular appointment and
the services rendered in that capacity shall not count towards seniority
or minimum qualifying service specified in the regulations for promotion
to next higher grade].
10[(4)If any question arises whether a post corresponds
to a 11[Group A and Group B] post under the Central Government,
the question shall be referred to that Government whose decision
there on shall be final.]
1.Subs. by Act No. 38 of 1975, s. 3, for certain words (w.e.f.
1-9-1975).
2.Subs. for “exceeds two thousand and two hundred fifty rupees”
by Act No. 29 of 1989, s. 7 (i), (w.e.f. 1-2-1991).
3.Subs. by s. 7 (ii), ibid., (w.e.f. 8-11-1989).
4.Subs. by Act No. 44 of 1966, s. 11, for “post carrying a maximum
monthly pay to five hundred rupees and above” (w.e.f. 17-6-1967).
5.Ins. by Act No. 29 of 1989 s. 7 (iii) (a), (w.e.f. 16-5-1990).
6.Subs. by Act No. 45 of 1984, s. 3, for “Class I or Class H” (w.e.f.
27-1-1985).
7.Subs. by the A.0. 1950, for “Federal”.
8.Subs. for “and aggregate period” by Act No. 29 of 1989. s. 7
(iii) (b), (w.e.f. 20.10.1989).
9.Ins. by Act No. 29 of 1989, s. 7 (iii) (c), (w.e.f. 20.10.1989).
10.Subs. by the A.0. 1950, for “Federal”.
11.Subs. by Act No. 45 of 1984, s. 3, for “Class I or Class II”
(w.e.f. 27.1.1985).
18.Powers of the Standing Committee.-
(ll)Subject to the general superintendent and control of the Corporation,
the Standing Committee shall administer the affairs of the Corporation
and may exercise any of the powers and perform any of the functions
of the Corporation.
(2)The Standing Committee shall submit for the consideration and
decision of the Corporation all such cases and matters as may be
specified in the regulations made in this behalf.
(3)The Standing Committee may, in its discretion, submit any other
case or matter for the decision of the Corporation.
19.Corporation's power to promote measures
for health, etc., of insured persons.-The Corporation may,
in addition to the scheme of benefits specified in this Act, promote
measures for the improvement of the health and welfare of insured
persons and for the rehabilitation and re-employment of insured persons
who have been disabled or injured and may incur in respect of such
measures expenditure from the funds of the Corporation within such
limits as may be prescribed by the Central Government.
20.Meetings of Corporation, Standing Committee
and Medical Benefit Council. -Subject to any rules made under
this Act, the Corporation, the Standing Committee and the Medical
Benefit Council shall meet at such times and places and shall observe
such rules or procedure in regard to transaction of business at their
meetings as may be specified in the regulations made in this behalf.
21.Supersession of the Corporation and Standing
Committee. -
(l)If in the opinion of the Central Government, the Corporation
or the Standing Committee persistently makes default in performing
the duties imposed on it by or under this Act or abuses its powers,
that Government may, by notification in the Official Gazette, supersede
the Corporation, or in the case of the Standing Committee, supersede
in consultation with the Corporation, the Standing Committee:
Provided that before issuing a notification under this sub-section
the Central Government shall give a reasonable opportunity to the
Corporation or the Standing Committee, as the case may be, to show
cause why it should not be superseded and shall consider the explanations
and objections, if any, of the Corporation or the Standing Committee,
as the case may be.
(2)Upon the publication of a notification under sub-section (1)
superseding the Corporation or the Standing Committee, all the members
of the Corporation or the Standing Committee, as the case may be,
shall, as from the date of such publication, be deemed to have vacated
their offices.
(3)When the Standing Committee has been superseded, a new Standing
Committee shall be immediately constituted in accordance with section
8.
(4)When the Corporation has been superseded, the Central Government
may-
(a)Immediately 1[appoint] or cause to be 1[appointed]
or elected new members to the Corporation in accordance with section
4 and may constitute a new Standing Committee under section 8;
(b) In its discretion, appoint such agency, for such period as
it may think fit, to exercise the powers and perform the functions
of the Corporation and such agency shall be competent to exercise
all the powers and perform all the functions of the Corporation.
(5) The Central Government shall cause a full report of any action
taken under this section and the circumstances leading to such action
to be laid before 2[Parliament] at the earliest opportunity
and in any case not later than three months from the date of the
notification superseding the Corporation or the Standing Committee,
as the case may be.
1.Subs. for “nominate” and “nominated” by Act No. 29 of 1989,
s. 4, (w.e.f. 20-10-1989).
2.Subs. by the A.0. 1950, for “the Central Legislature”.
22.Duties of Medical Benefit Council. -The
Medical Benefit Council shall-
(a)Advise 1[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.
1.Subs. by Act No. 53 of 1951, s. 9, for “the Corporation, the
Standing Committee and the Medical Commissioner”.
23.Duties of 1[Director General and the Financial
Commissioner]. - The 1[Director General and the Financial
Commissioner] shall exercise such powers and discharge such duties
as may be prescribed. They shall also perform such other functions
as may be specified in the regulations.
1.Subs. for “Principal Officers” by Act No. 29 of 1989, s. 8,
(w.e.f. 20-10-1989).
24.Acts of Corporation, etc., not invalid by
reason of defect in constitution, etc, -No act of the Corporation,
the Standing Committee or the Medical Benefit Council shall be deemed
to be invalid by reason of any defect in the constitution of the Corporation,
the Standing Committee or the Medical Benefit Council, or on the ground
that any member thereof was not entitled to hold or continue in office
by reason of any disqualification or of any irregularity in his 1[appointment]
or election, or by reason of such act having been done during the
period of any vacancy in the office of any member of the Corporation,
the Standing Committee or the Medical Benefit Council.
1.Subs. for “nomination” by Act No. 29 of 1989, s. 4, (w.e.f.
20-10-1989).