Employees' State Insurance Act, 1948 · Chapter II: Corporation, Standing Committee and Medical Benefit Council
Section 10: Medical Benefit Council
The Employees' State Insurance Act, 1948 was repealed and replaced by the Code on Social Security, 2020 from 21 November 2025. It still applies to matters and proceedings from before that date, as the repealing law provides.
(1) The Central Government shall constitute a Medical Benefit Council consisting of— [(a) the Director General, the Employees’ State Insurance Corporation, ex officio as Chairman;
(b) a Director-General, Health Services, ex officio, as Co-Chairman;]
(c) the Medical Commissioner of the Corporation, ex officio;
(d) one member each representing each of the [ [States (other than Union territories)] in which this Act is in force] to be [appointed] by the State Government concerned;
(e) three members representing employers to be [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 [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 [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 [appointment] is notified: [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 [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 [appointing] him.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 10
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