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0:03 Hello friend welcome to SG KG study and KG 2.22 this channel classes as you guys know right now we are studying ESI Act ESIC Act 1948, it is amended till 2024 this Act 1948 was amended till August 2020 so it is the latest edition yes the act number remains the same, the name remains the same but amendments keep happening from time to time depends upon the requirement, right so when we are studying ESI Act, along with it we are also studying ESI Rules, we are

0:52 also studying ESI Regulations and through which we are studying, we are reading through MCQs, we have taken the question paper of previous year and by solving its MCQs we are understanding the ESI Act, what is the purpose, the purpose is that we should understand ESIC Act in this manner, understand it in this manner, even if it is through questions, understand it in this manner, so that Any question from that chapter comes, we should be able to reply or should be able to answer it right, so that the video does not become too long, we have taken limited questions in it, the

1:37 question is this, we are taking only 14 small questions and the purpose of taking them is that we have to understand the entire ESI Act by combining the E rules in such a way that any question related to that chapter comes, we should know the answer, let's start, so till question number eight we have already discussed in the previous session, here we are discussing question number nine here in English, here this left side is in English part and on the right side it is in Hindi, so you keep understanding both Hindi and English, if

2:24 we do both one by one, it will take a lot of time, you will understand this much, right it is the duty of the Medical Benefit Council to advise the dot dot dot in regard to the constitution of the regional and local medical Benefit Council, see the question is that for the constitution of regional and medical benefit councils, whom does the medical benefit council advise? It is certain that the regional and local medical benefit council is

3:09 constituted on the advice of medical benefit council and whom does it advise - the corporation, the director general of ESIC, the medical commissioner of ESIC or the regional board. Tell me what do you think - the corporation, the director general, the medical commissioner or the three boards. Look, the administration in ESIC has been given in the hands of three boards. The administration has been given

3:55 in the hands of three bodies. The corporation which is called ESIC has become a corporation which is the apex body, the standing council and the medical benefit council. Right, one body is the medical benefit council, given here. What will the other two bodies be? Either there will be a standing council or there will be a corporation. There are no all these bodies, this is an appointment, there is only one body - the corporation, so yes, the medical benefit council. ESI advises the corporation for the constitution of regional and medical

4:42 and regional and local medical benefit. So we have to see its chapter, whose medical benefit council, let's discuss the chapter of medical benefit council. So see chapter two which is chapter two of this SI Act 1948, in chapter two three governing bodies have been talked about, corporation, standing council, standing committee, sorry, standing committee and medical benefit council. This is ESI Corporation, this is

5:27 standing committee, this is medical benefit council. So we always have to pay attention to three bodies, what is the establishment of employee state insurance corporation, the rule of which is given in section three, there is always a section in the act, so section three contains about ESI corporation, section A contains about standing committee and section 10 contains about medical benefit council, I repeat, section three contains about corporation, section 8 contains about standing committee. It is given in section 10

6:12 about Medical Benefit Council. There are three governing bodies of ESI. ESI has three governing bodies - Corporation, Standing Committee and Medical Benefit Council. So now let us see about Medical Benefit Council. Alright, if we have to study Medical Benefit Council, then what we have to do is we have to see section 10. This section 10 is Medical Benefit Council. Central Government shall consist of a Medical Benefit Council. See, what is the warding of Central Government? MCQ is an

6:59 important question. Who can constitute Benefit Council? Central Government mainly and mainly Central Government. So Central Government shall consist of Medical Benefit Council consisting of Director General of ESIC. So the DG who will be the Chairman of the ESIC office, so the Chairman of MBC will be DG. Director General of Health Services will be the Chairman of ESIC. Medical Commissioner of Corporation will be the member of the ESIC office. So there are three people, these are the officers, one DG who These are of IAS rank, Director General Health Services,

7:47 DGHS and Medical Commissioner of the Corporation. Okay, there are only three of them. No, this is a council, so the number of members in the council is more. One just has to be kept in mind that its chairman is DGHS. So A B C, we have seen, I am doing this in numbering because when we talk about the term of office in future, we have to keep it in mind. Let's see, one member representing each state. There will be one member from every state. Other than

8:32 union territory, there is no representation of union territory in this. Three members representing employers, appointed by the central government. Three members representing employees, appointed by the central government. Three members out of home, not less than one, shall be women representing medical council. So, earlier we have seen A B C, Director General of ESIC, Director General of Health Services, Medical Commissioner, these three are X. Why is it X? Those who will hold that chair will by default get membership of this. You will get it,

9:19 okay, after that the nominated sir, there will be one representative from each state, three representatives of the employer, three representatives of the employee and three representatives of the medical profession, out of which at least one will be a woman, all three can also be men, it is not written here that at least one will be a man, at least one will be a woman, so this Medical Benefit Council Rat Se Other Wise Expressly Provided In This Term Of Office See Term Of Office Of Medical Council Other Than The Members Refer

10:04 To In A To D Except A To D, why except A To D, in GA To D A Director General Government Appointment If the Government gives them another portfolio then they will change, DGHS Director General of Health Services he is also by appointment, Medical Commissioner he is also by appointment and State Government Representative, any tenure of State Government is by year, but we cannot say anything so that is why I am saying that except these four, four years in these four Apart from these, who else is

10:51 left? The remaining three are employer's representatives, three become employee's representatives and three become medical representatives, representatives of the medical profession. These three categories will have a four- year term of office. Right, what will happen to these four categories? These four categories shall hold their office during the pleasure of the term of appointment. Whenever it wants, it can rotate the appointment. So, their period should not be fixed. Their fixed period should be right. Resignation of member, member of the corporation, the standing committee, this has become the general

11:37 rule. 11 What are you saying, how will the resignation be done, so whether it is a member of the corporation, or a member of the standing committee, or a member of the MBC, he should resign his office by giving notice in writing to the Central Government and the seat shall fall vacant on the acceptance. So, their resignation is subject to acceptance by the Central Government. Right, session of membership, when will their membership end? It goes like this, see, this is an administrative body and its meetings keep on taking place at certain intervals, so the first thing is that whether the member is of the

12:24 corporation, or of the standing committee, or of the medical benefit council, if he fails to attend three consecutive meetings, if he does not attend three consecutive meetings, then his membership is lost. What about the representative of the employer, or the representative of the employee, or the representative of the medical profession, those who have nominated them, if they withdraw, then their membership also ends, right and let us see here, what is the person referred to in sub clause one of section

13:11 four shall see to be a member on becoming a member, minister, speaker, and deputy speaker of the House of some kind. This is about the corporation member, the corporation member also includes members of Lok Sabha and Rajya Sabha, members of parliament, so the corporation member, if he becomes a minister, speaker, deputy speaker, and whether his If the seat of a Member of Parliament disappears, then under these conditions, his membership will be seized. There is no chairman in this because the chairman is the labour minister by default, so there is

13:59 no chairman in this forest. Here it is being said about the nominated members of Lok Sabha and Rajya Sabha, right now see, the duties of medical benefit, rule 20, section 22, the benefit council shall advise the corporation. This was our question. We had to look at so many dates to find the answer to that question. Right, if we wanted, we could have brought section 22 directly, but we did not bring it because we also have to read the medical benefit council. So

14:45 we have read the medical benefit council, we have read the session of membership, we have also read the term of office. Now the duties of medical benefit council, so the medical benefit council shall advise the corporation and standing committee on matters relating to the administration of medical benefit, the certification of purposes of the grant of benefit and others. Connected matter and what else can the advice have the power and duties of investigation as may be prescribed in relation to the complaint against medical practitioner If any complaint comes against a medical practitioner, that too will be investigated and perform such other duties in the form of medical treatment and attendance Medical Benefit Council advises the

15:32 Corporation on all things related to medical Next our question was number nine whose answer we tick marked SI Corporation Question number 10 I am able to understand, if you are able to understand then give a like Next the notification regarding extending the provision of ESI Act by State Government is to be published in Notification regarding extension of the provisions of ESI Act by State Government Which of these is to be published Newspaper of

16:19 the concern State website of SEC official group any of Now see whatever the State Government or Central Government wants to tell and through which medium does it convey, it is a matter of common sense, I am not going to look for any provision for it, we have already discussed the provision, by whom is it conveyed, oh sir it is clear, it is done through the official gazette, whatever the government wants to convey its intention, it does it through the official

17:05 gazette only, giving it in the newspaper is not going to achieve anything, what is a newspaper, it prints the official gazette only, later what is a website, only the official gazette is put on the website, so the main thing is that by notifying in an official gazette, the state government extends this provision, right question, well now I have ticked it, no problem, question number 11 Regional and local medical benefit councils are appointed by the corporation Regional and local benefit medical councils are appointed by the corporation or now we have studied on the advice of medical

17:52 benefit council on the advice of medical benefit council Regional and local medical benefit councils are appointed by the corporation regional and local Medical benefit councils are set up by the corporation yes see it is written in section 25 regional board local committee regional and local benefit council the corporation may point regional board local committee and regional and local medical benefit council in such area and in

18:37 such manner and delegate to them such path and function as may be provided by the regulation right so in 25 it is saying that who sets up the regional board local committee regional and local medical benefit council all these the corporation does it who points all these the corporation does it okay your own channel keys study like you must have done it and if by mistake you have not subscribed yet please subscribe it your own channel and if you turn on this

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20:09 employees We have already discussed this in the previous class as well. The term of office of the members of the corporation who represent the employees is one year, one year, three years, four years. Please reconnect, it's four years. Who nominates the members who represent the employees in the corporation? Who nominates them? The central government nominates the representatives of the employers. So the

20:55 tenure of these people is of four years. The rest of the act offices and the ministers who are during the pleasure of the government service are government, their services are subject to the pleasure of the government. The tenure of the rest of the people is of four years. We have already discussed this in the previous class. Please see this once again. Section five has the term of office of the members of the corporation. It is written in it that other than the members refer to in clause A B C D E. In this,

21:42 chairman, DG is referred to in clause A B C D E. So, in the last comes the chair, chairman, labour minister, vice chairman, members of Lok Sabha and Rajya Sabha. What is the matter of all these? Shall they remain other than, sorry, this is other than because they are appointed as per the pleasure of the government. What is the matter of other people? And whoever these people are, it is clearly written here during the pleasure of the government point, as long as the government wants, as long as the government is happy, as long as the government is happy with their duty, till then these people can remain on their post.

22:30 Other than A B C D E, these people have a term of office of four years. Re-appointment is possible. This is written in rule six. And whatever order of the corporation is authenticated by the signature of the DG. We will study this rule in section seven. Question number 1, what benefits are provided? In cases of see, this is the thickness benefit, you must have heard about extended sickness benefit also, these sickness benefit are used less and he

23:16 made a question about that, so extended sickness benefit is also different, it is an extension of sickness benefit, hence it is called extended sickness benefit, it is enhanced sickness benefit, it is something different from sickness benefit, these sickness benefit is provided in these, so due to the effect of any one of these, these sickness benefit is provided in a condition, if one gets TB, if one gets leprosy, if there is mental and mental disease, if there is malnutrition, then it happens for sterilization operation, of course, and you know it is

24:02 related to sterilization operation, sterilization operation was called vasbandi, earlier it happened in men in a different way and it happened in women in a different way. The ligation operation done on men is called rectum and the one done on ladies is called tube ectomy. So in both these conditions, whether IP or IW, if they undergo sterilization operation, then for that period they are given enhanced

24:48 sickness benefit. During that period they will rest at home and the benefit, the cash benefit that they should get for that period, is given to them. Let us see this provision. This is going to be very useful for us, it is going to be useful for everyone. There is a provision of question number The Employee State Insurance Corporation Page 107 Sickness Benefit to a person who undergoes sterilization operation for family planning. Whatever sterilization operation is done for family planning,

25:33 enhanced sickness benefit is given for that. What is the duration for the insured person ESP is paid for up to seven days for cash ectomy. See, it is written up to seven days. It is not written for seven days. It is written up to two. So if the doctor writes seven days and gives it to you, then You will get seven days, if they write five days, you will get five days and if they write three days, you will get ten days, the maximum number of days will be given in case of vacant sickness benefit for male and up to 14 days for tubectomy for lady, so in male sterilization, enhanced sickness benefit can be available for seven days

26:21 and those who have undergone tubectomy for IW, they can be given anus sickness benefit for up to 14 days, what is the amount, it is 100% of the average daily wages, there is not 100% in sickness benefit, how much benefit is available in sanity benefit, how much percentage, please do write in the comment box, let me check who all are conscious and with alert mind going through the classes, then how much percentage is available in nas benefit, in ESB, 100% is available, right what is the eligibility sir, to be eligible for sickness benefit and An employee must

27:10 contribute for 78 days in a contribution period of six months. One contribution period is of six months. The second contribution period is of six

28:03 months. It means there are two contribution periods in one year and there are corresponding periods. So, correspondingly, the employee will say that he comes to pass time. This is how the work is done. If 78 days in six months is two and a half months, he must have worked that much. So, there is a minimum requirement, there is a minimum eligibility. Then we thought that we should check its eligibility in the branch office manual. So, it is written in the branch office manual at p. 7.54. You can refer to the branch office for receiving an illness benefit. IP and IW must satisfy the eligibility conditions for sickness benefit. So, to avail these sickness benefits, you have to fulfil the same conditions as are required for availing the benefits of sickness benefit.

28:50 and what are the conditions 78 days contribution period in the six months 78 days contribution in the period of six months to meas one contribution moving forward your other channel GKG 2.2 like this as well, subscribe and share it with your friends so we have already done question number 12, 13, 14 and quorum of at least 57 15 18 members should be present in the

29:39 meeting of standing committee to transact any business see, it is like this for the administration of ESI we have three bodies, there is Corporation Standing Committee, there is Medical Benefit Council, there are separate meetings of these three and when a meeting is held then minimum presence has to be fixed in it, that is called quorum, if even the minimum members are not present, then the purpose of the meeting gets defeated, hence quorum is necessary, quorum has to be maintained, if there are less than that many people, then normally it is postponed, similarly in ESI

30:26 also There is a fixed number, if the number of members is less than that, whether it is a meeting of the corporation, committee or council, if the quorum is complete, then the meeting will be held. If the quorum is not complete, the meeting will be postponed for one week. The condition is also that the meeting will be held in the next week and if the quorum is not complete in that, then it is also possible that the quorum is not complete, we can postpone the meeting in the next week and the quorum is not complete in the next week also, then what will we do, we will hold the meeting again, we will not postpone it, no matter how many people have come, whether the

31:12 quorum is complete or not, respectful of the number of persons in the quorum, we will give a chance for the first meeting, we will postpone the first meeting and a request will be sent once again to the members to be present, if people do not come for the second time also, the meeting will be held without quorum, decisions will be taken, this is mentioned in the ESI Act. The question here is that what is the minimum quorum to transact a standing committee, for standing committee, 15 or 18 highest see, let me tell you, it is not 15, the highest is

31:59 15, 18 is not sorry, 18 is not the highest is 15, the highest 15 is of the corporation, here we are talking about standing committee, the highest 15 is of the corporation, the quorum of Medical Benefit Council is complete with seven and that of standing committee is complete with five, remember it, do it here, standing committee five, Medical Benefit Council sa corporation 15 this is your quorum, the quorum is complete, where is the provision, let us see, the provision is

32:44 not there in the ESI Act, to see the provision you will have to go to ESI Rules 1950, this rule is in ESI Rules 1950 This is the number which talks about quorum, what are you saying, no business shall be transacted at any meeting unless there is a quorum of 15 members in case of corporation, see, 15 members are required in corporation meeting, five members are required in case of standing committee, five members are required for standing committee, seven members are required in case of medical benefit, remember 15 persons can also be done like this,

33:29 minimum 15 is required for corporation, minimum 5 is required for standing committee and minimum ten persons are required for medical benefit council to transact the business of the meeting, provided that at any meeting there is not a sufficient number of members, if sufficient members are not available, the meeting is not being completed, the date for the second meeting will be adjusted within seven days from the date of the meeting, it is okay, and even after that, if they do not come, then the respective number

34:18 of members of the members attending the meeting will be carried out transaction This will be considered valid and legal and not illegal. So we saw the quorum in Rule 10 which is mentioned in ESI Rule 1950. What did we see in it? The quorum for the corporation is 15. The quorum for the standing committee is 5. The quorum for the benefit medical benefit council is of 7 members. If this quorum is not complete, then the meeting will be postponed. The next date will be given. Not later than 7 days, another date will be given within 7 days.

35:05 And if people are unable to come even on that second date, then respectful of the number of members may come on the second date or not. The meeting will be carried out. The transaction will be taken place and the decision will be taken. It will be valid. It will be legal. Respectful of the number of members. This condition is only for the first one. In the first one, you have to take care of this. Right. I hope you liked this class. We will meet very soon in the next group of Hello everyone with the question and the next present, till then we will

35:55 see you in the next class, until then please keep on enjoying AC KG Studies and AC KG 2.22 Channel Classes, Hello