Law and You > Labour Laws > The Code on Social Security, 2020 > Director General and the Financial Commissioner of ESIC (S. 24 CSS, 2020)
The Employees’ State Insurance Corporation (ESIC) is a statutory body and an autonomous corporation established by the Government of India under the Employees’ State Insurance Act, 1948. It manages the Employee’s State Insurance (ESI) scheme, which is a social security and health insurance scheme for Indian workers. ESIC provides comprehensive health and social security benefits to employees and their dependents, covering medical, sickness, maternity, disablement, and other related benefits. It’s aimed at providing financial protection during times of need such as illness, maternity, temporary or permanent disablement, and death due to employment injury. The Principal Officers and other staff of the Employees’ State Insurance Corporation (ESIC) play vital roles in ensuring the effective implementation and management of the ESIC scheme, aimed at providing social security benefits to workers and their dependents in India. In this article we shall discuss two such important officers of ESIC namely Director General and the Financial Commissioner.
Director General and the Financial Commissioner of ESIC:
Appointment:
According to Section 24(1) of the Code on Social Security, 2020 the Central Government may appoint a Director General of the Corporation and a Financial Commissioner, who shall be the Principal Officers of the Corporation.
Tenure of Office:
According to Section 24(2) of the Code on Social Security, 2020 the Director General and the Financial Commissioner shall hold office for such period, not exceeding five years, as may be specified in the order of appointment: Provided that outgoing Director General or Financial Commissioner, as the case may be, shall be eligible for re-appointment if he is otherwise qualified.
Remuneration:
According to Section 24(3) of the Code on Social Security, 2020 the Director General or the Financial Commissioner shall receive such salary and allowances as may be prescribed by the Central Government.
Powers:
According to Section 24(4) of the Code on Social Security, 2020 the Director General and the Financial Commissioner shall exercise such powers and discharge such duties as may be prescribed by the Central Government and shall perform such other functions as may be specified in the regulations.
Disqualification:
According to Section 24(5) of the Code on Social Security, 2020 a person shall be disqualified from being appointed as or for being the Director General of the Corporation or the Financial Commissioner if he is subject to any of the disqualifications specified in section 8.
Removal:
According to Section 24(6) of the Code on Social Security, 2020 the Central Government may at any time remove the Director General of the Corporation 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-third of the total strength of the Corporation.
Appointment and Remuneration of Staff:
- According to Section 24(7) of the Code on Social Security, 2020 the Corporation may employ such other officers and employees as may be necessary for the efficient transaction of its business and for discharge of any other responsibilities assigned to the Corporation from time to time by the Central Government: Provided that the sanction of the Central Government shall be obtained for the creation of any post the maximum monthly salary of which exceeds such salary as may be prescribed by the Central Government.
- According to Section 24(8)(a) of the Code on Social Security, 2020 the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees of the Corporation shall be such as may be specified in the regulations in accordance with the rules and orders applicable to the officers and employees of the Central Government drawing corresponding scales of pay: Provided that the terms and conditions of service including pay and allowances of such posts of medical specialists and super specialists in the Corporation possessing comparable qualifications and expertise, as may be notified by the Central Government, with the equivalent posts of the specialists and super specialists in the All India Institute of Medical Sciences or in the Post Graduate Institutes of Medical Sciences and Research or other similar institutions established by the Central Government, shall respectively be similar: Provided further 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: Provided also that this sub-section shall not apply to appointment of consultants and specialists in various fields appointed on contract basis.
- According to Section 24(8)(b) of the Code on Social Security, 2020 in determining the corresponding scales of pay of officers and employees under clause (a), the Corporation shall have regard to the educational 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.
Appointments in Consultation of UPSC:
- According to Section 24(9) of the Code on Social Security, 2020 every appointment to posts (other than medical, nursing or para-medical posts) corresponding to Group ‘A’ and Group ‘B’ Gazetted posts under the Central Government shall be made in consultation with the Union Public Service Commission: Provided that the provisions of this sub-section shall not apply to an officiating or temporary appointment for a period not exceeding one year: 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.
- According to Section 24(10) of the Code on Social Security, 2020 if any question arises whether a post corresponds to a Group ‘A’ and Group ‘B’ posts under the Central Government, the question shall be referred to that Government whose decision thereon shall be final.
Conclusion:
The Principal Officers and other staff of the Employees’ State Insurance Corporation (ESIC) play vital roles in ensuring the effective implementation and management of the ESIC scheme, aimed at providing social security benefits to workers and their dependents in India. These officers, led by the Director General and Financial Commissioner oversee various aspects of ESIC’s operations, including policy formulation, administration, finance, and healthcare delivery. They work to uphold the organization’s mission of providing comprehensive social security coverage to employees, thereby promoting their well-being and safeguarding their interests. The dedication and professionalism exhibited by the Principal Officers and staff of ESIC are crucial in maintaining the integrity and efficiency of the organization. Through their efforts, ESIC continues to make significant contributions to the social and economic welfare of millions of workers across the country.
In conclusion, the Principal Officers and other staff of ESIC play indispensable roles in ensuring the successful implementation of social security measures, thus contributing to the overall prosperity and welfare of the workforce in India.