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State of Punjab - Section

Section 22 in Employees' State Insurance (Punjab Medical Benefit) Rules, 1953

22. Procedure of Committee.

(1)The Medical Service Committee may, if they think fit, permit any person concerned in an investigation to be assisted in the presentation of his case by some other person:Provided that no person shall be entitle to appear in the capacity of counsel, solicitor or other paid advocate.
(2)The proceedings at the hearing before the Medical Service Committee shall be private and no person shall be admitted to those proceedings except-
(a)the persons concerned in the investigation and the persons, if any, permitted to appear for the purpose of assisting them;
(b)a person or persons to represent the insured person, who shall be either an official of his Trade Union or the employer or his representative;
(c)an officer of the Corporation;
(d)the Secretary or other officer of the Local Medical Committee;
(e)persons whose attendance is required for the purpose of giving evidence and who shall, unless the committee otherwise direct, be excluded from the hearing except when they are actually giving evidence; and
(f)such officers sunder the Director of Health Services, Punjab, as he may appoint for the purpose.
(3)The State Government shall frame rules of procedure which shall provide for the quorum of the Medical Service Committee, and, subject to the provisions of this rule, for notice of the hearing to be given to the persons concerned in the investigation, including the Secretary of the Local Medical Committee, if any, and the appropriate officers of the Corporation and the Trade Union or employer and for the procedure before and at the hearing with regard to the nature of the evidence to be admitted and otherwise, and such rules may empower the committee to dispense with a hearing if they are satisfied that the complaint is frivolous or vexatious or that the written statement or statements of the complainant do not disclose any prima facie ground of complaint and may delegate to the Chairman of the Committee such pounces in this respect as the Director of Health Services thinks fit.
(4)The Medical Service Committee shall draw up a report stating such relevant facts as appear to them to be established by the evidence placed before them and the inferences of fact which in their opinion may properly be drawn from the facts, together with a recommendation as to the action, if any, which should be taken and shall present the report to the Direct of Health Services, Punjab. In presenting such report to the Director of Health Services the Committee may, if they think fit, draw the attention of the Director of Health Services of any previous reports made by the Committee in connection with the insurance Medical Practitioner and to any action taken by the Director of Health Services on such reports and may recommend that account should be taken thereof determining what action, if any, should be taken.