Rules and Regulations of India

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Section 10 – EMPLOYEES’ STATE INSURANCE (GENERAL) REGULATIONS,1950

10. Regional Boards

(1) A Regional Board may be set up for each State or Union Territory by the Chairman of the Corporation and shall consist of the following members, namely:-

(a) a Chairman to be nominated by the Chairman of the Corporation in consultation with the State Government or the administration of the Union Territory;

(b) a Vice-Chairman to be nominated by the Chairman of the Corporation in consultation with the State Government or the Administration of the Union Territory.

(c) one representative of the State or the Union Territory to be nominated by the State Government or the Administration of the Union Territory;

(d) (i) the Administrative Medical Officer or any other Officer directly in charge of the Employee’s State Insurance Scheme in the State or the Union Territory, ex officio;

(ii) the Regional Deputy Medical Commissioner of the Corporation, ex officio;

(e) one representative each of the employers and employees from the State or the Union Territory to be nominated by the Chairman of the Corporation in consultation with such organization of the employers and the employees as may be recommended for the purpose by the State Government or the Union Territory;

(f) members of the Corporation other than the Chairman and the Vice-Chairman and officials, if any, amongst those nominated by the Central Government under clause (c) of section 4 of the Act, residing in the State or the Union Territory, ex officio;

(g) members of the Medical Benefit Council nominated by the Central Government under clauses (e), (f) and (g) of section 10 of the Act residing in the State or the Union Territory, ex officio :

5[PROVIDED that where the Chairman of the Corporation so considers it to be expedient he may nominate such additional representatives of employers, and employees, not exceeding three from each side, with a view to providing for the adequate representation of important organizations and included in the nominations of the State Governments, or the Union Territory and to maintain parity between the number of representatives of such employers and employees:

PROVIDED FURTHER that the Chairman of the Corporation shall nominate such additional representatives of employers and employees not exceeding three from each side where the number of representatives of employers and employees including the ex officio members, is less than three each,]

6[(2) A Regional Board may, if it considers it desirable, co-opt the officer-in-charge of a sub-regional officer set up within its boundaries and/or a member of the medical profession in the region and the person(s) so co-opted shall continue to be member(s) during the pleasure of the regional board.]

(3) The regional director or officer-in-charge of the regional office shall be the member secretary of the Board.

(4) (i) Save as expressly provided in this regulation, the term of office of the members of the regional board referred to in clause (e) of and the proviso to sub-regulation (1), shall be 7[three years] commencing from the date on which their nomination is notified, provided that the members of the regional board, shall, notwithstanding the expiry of the said period, continue to hold office until the nomination of their successors is notified.

(ii) Save as expressly provided in this regulation, the members of the regional board referred to in clause (c) of sub-section (1) shall hold office during the pleasure of the State Government nominating them.

(iii) A member of the regional board referred to in clause (f) of sub-regulation (1) shall cease to hold office when he ceases to be a member of the Corporation or ceases to reside in that area.

(iv) Any member referred to in clause (i) of this sub
-regulation nominated to fill a casual vacancy shall hold office for the remainder of the term of office of the member in whose place he is nominated.

(v) An outgoing member shall be eligible for renomination.

(5) A member of the regional board referred to in clause (e) of and the proviso to sub-regulation (1) above, may resign his office by notice in writing to the Chairman of the Corporation, through the Chairman, Regional Board, and his seat shall fall vacant on the acceptance of the resignation.

(6) (i) A member of the regional board referred to in clause (e) of and the proviso to sub-regulation (1) shall cease to be a member of the Board if he fails to attend three consecutive meetings thereof provided that his membership may be restored by the Chairman of the Corporation on his being satisfied as to the unavoidable nature of the circumstances which led to his non-attendance.

(ii) When any person nominated to represent an employer’s or employee’s organization on the Regional Board has ceased to represent such organization, the Chairman of the Corporation may, by notification in the Gazette of India, declare that such person shall cease to be a member thereof with effect from such date as may be specified therein.

(7) The members of the Regional Board shall receive such fees and allowances as may be prescribed by the Central Government for members of the Corporation.

(8) A member shall be disqualified for being nominated or for being a member of the Regional Board-.

(i) if he is declared to be of unsound mind by a competent court; or

(ii) if he is an undischarged insolvent; or

(iii) if before or after the commencement of the regulation she has been convicted of an offence involving moral turpitude.

(9) The Secretary shall, with the approval of the Chairman, fix the date, time and place of, and also draw up the agenda for, every meeting. Notice of not less than ten days from the date of positing shall ordinarily be given to every member for each meeting, provided that if it is necessary to convene an emergency meeting, a reasonable notice thereof shall be given to every member. No matter other than that included in the agenda shall be considered except with the permission of the Chairman.

(10) No business shall be transacted at any meeting unless there is a quorum of not less than one-third of the number of the members on the Board:

PROVIDED that if at any meeting, sufficient number of members are not present to form a quorum, the Chairman may adjourn the meeting to a date not later than seven days from the date of original meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present.

(11) All matters shall be decided by a majority of persons present and voting and in case of equality of votes, the Chairman shall have a casting vote or a second vote.

(12) The Chairman or in his absence the Vice-Chairman of the Regional Boards shall preside at the meetings. In the event of the absence of both the Chairman and the Vice-Chairman the members present may elect one from amongst themselves to preside.

(13) (i) The minutes of each meeting showing inter alia the names of the members present thereat shall be forwarded to all members of the Regional Board as soon after the meeting as possible and in any case not later than fifteen days from the date of the meeting.

(ii) The records of the minutes of each meeting shall be signed by the Chairman after confirmation with such modifications as may be considered necessary at the meeting, at which the minutes are confirmed.

8[(14) A Regional Board shall perform the following functions in respect of the Region for which it is set up:

(a) Such administrative and/ or executive functions as may, from time
to time, be entrusted or delegated to it by a resolution, by the Corporation or the Standing Committee.

(b) To make recommendations from time to time in regard to changes which may in its opinion be advisable in the Act, Rules and Regulations and forms and procedures to be followed in the running of the scheme.

(c) To decide within the broad framework of the general decisions and programme of priorities of the Corporation, the following mattes, provided that where the specific approval of the Corporation or the appropriate government is required, such approval shall be taken:

(i) Extension of the scheme to other categories of establishments in accordance with the order of priorities laid down by the Corporation;

(ii) extension of scheme to new areas and extension of medical care to families;

(iii) adoption of special measures to meet peculiar conditions in the area;

(iv) improvement in benefits;

(v) provision of indoor medical treatment;

(vi) measures and arrangements for the rehabilitation of insured persons in the area, who are permanently disabled ;

(vii) securing compliance by employers with the various provisions of the Employees’ State Insurance Act, the Regulations and other rules and instructions;

(d) To review from time to time the working of the Scheme in the State both on the medical side as well as cash benefit side and to advise the Corporation and State Government on measures to improve the working of the Scheme both in regard to payment of cash benefits and administration of medical benefit and in particular to promote preventive health measures, safety and personal hygiene and to review and check lax certification and other abuses of the scheme.

(e) To look into general grievances, complaints and difficulties of insured persons, employers, etc. as it may consider necessary;

(f)To advise the Corporation on such matters as maybe referred to it for advice by the Standing Committee or the Director General.

The Regional Board may set up suitable sub-committees for carrying out any of its functions and may seek the assistance or advice of local committees where necessary.]

(15) (i) If in the opinion of the Corporation, the Regional Board persistently makes default in performing the duties imposed on it by or under this regulation or abuses its powers, the Corporation may by notification in the Gazette of India supersede the Regional Board.

(ii) Upon the publication of a notification under clause (i) above superseding the Regional Board, all the members of the Regional Board shall from the date of such publication be deemed to have vacated their offices.

(iii) When the Regional Board has been superseded the Corporation may-

(a) immediately constitute a new Regional Board in accordance with this regulation; or

(b) appoint such agency for such period as it may think fit to exercise the powers and perform the functions of the Regional Board and such agency shall be competent to exercise all powers and perform all the functions of the Regional Board.

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