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Section 96 of ESI Act 1948: Power of State Government to Make Rules

Section 96 (Power of State Government to make rules) under the Chapter VIII (Miscellaneous) of the Employees’ State Insurance Act 1948

❝(1) The State Government may, after consultation with the Corporation and subject to the condition of previous publication, make rules not inconsistent with this Act in regard to all or any of the following matters, namely:—
(a) the constitution of Employees’ Insurance Courts, the qualifications of persons who may be appointed Judges thereof, and the conditions of service of such Judges;
(b) the procedure to be followed in proceedings before such Courts and the execution of orders made by such Courts;
(c) the fee payable in respect of applications made to the Employees’ Insurance Court, the costs incidental to the proceedings in such Court, the form in which applications should be made to it and the particulars to be specified in such applications;
(d) the establishment of hospitals, dispensaries and other institutions, the allotment of insured persons or their families to any such hospital, dispensary or other institution;
(e) the scale of medical benefit which shall be provided at any hospital, clinic, dispensary or institution, the keeping of medical records and the furnishing of statistical returns;
(ee) the organisational structure, functions, powers, activities and other matters for the establishment of the organisation;
(f) the nature and extent of the staff, equipment and medicine that shall be provided at such hospitals, dispensaries and institutions;
(g) the conditions of service of the staff employed at such hospitals dispensaries and institutions; and
(h) any other matter which is required or allowed by this Act to be prescribed by the State Government.

(2) Rules made under this section shall be published in the Official Gazette and thereupon shall have effect as if enacted in this Act.

(3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one House, before that House.❞



The Employees’ State Insurance Act, 1948 was amended by the:
- the A.O. 1950;
- the A.O. (No. 3) 1956;
- the A.O. (No. 4) 1957;
- the Employees' State Insurance (Amendment) Act, 1951 (Act No. 53 of 1951);
- the Employees' State Insurance (Amendment) Act, 1966 (Act No. 44 of 1966);
- the Employees' State Insurance (Amendment) Act, 1975 (Act No. 38 of 1975);
- the Employees' State Insurance (Amendment) Act, 1984 (Act No. 45 of 1984);
- the Employees' State Insurance (Amendment) Act, 1989 (Act No. 29 of 1989);
- the Employees' State Insurance (Amendment) Act, 2010 (Act No. 18 of 2010).

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