Q-3: Describe the social security institution and its power in detail?
Ans: SOCIAL SECURITY INSTITUTION
Establishment [See. 31]
The provisions relating to establishment and incorporation of employee’s social security institutions are as follows:
(a) The Institution is a body corporate having perpetual succession and a common seal-
(b) It has power to hold and dispose of property, both movable and immovable, and can by its own name sue and be sued.
(c) The Institution has its own fund and out of such fund can incur necessary expenditure.
Management Of institution [See. 4]
The management of the Institution i.e., general direction and superintendence is vested in a Governing Body, which may exercise all powers and do all such acts and things which the Institution may exercise or do* These powers are to be exercised with the assistance of a commissioner. The institution is bound to follow the instructions of the Government on the question of policy.
Governing Body Of Institution [Sec, 5]
The Governing Body of the Institution shall consists of twelve members appointed by the Government in the following manner:
(a) One person, as chairman
(b) Four persons representing government one each from department of labour, industries, health and finance.
(c) Three persons representing employers.
(d) Three persons representing secured persons.
(e) One medical adviser as ex-officio.
The representatives of employers and secured persons are to be chosen from the list of names submitted by the recognized organizations of employers and employees.
The Government can supersede the governing body if it has failed to perform the duties imposed upon it or has abused its powers- The government immediately upon superseding the governing body shall constitute another governing body by appointing new members.
According to the provisions of the law a member shall hold office for 3 years from the date on which his appointment is notified.
POWERS AND FUNCTIONS OF GOVERNING BODY [SEC, 6]
The powers and functions of the governing body are:
1. General direction and superintendence of the officer of the institution. Sec. 4(1)
2. Approve budget estimates, audited accounts and annual report of the institution for submission to Government. Sec. 6
3. Call for any information, or direct any research to be made for the furtherance of the objects. Sec. 6.
MEETING OF GOVERNING BODY [SEC. 7]
The meeting of governing body shall be held at such times and at such place as is provided by regulations.
The quorum of the meeting is 5 members present in person,
The decision of governing body shall be by majority of votes in favour at the meeting. Each lumber has one vote. In the event of equality of votes, the chairman has a second or casting vote.
Tire chairman presides the meeting and in the absence of the chairman at any meeting the person elected by the members present from among themselves as chairman of such meeting.
The signature of the chairman or any authorized member shall authenticate all orders and decision of governing body.
Members shall receive such fees and allowances as may be prescribed.
A member, other than ex-officio member, may resign by written notice to government and his seat shall fall vacant on the acceptance of the resignation.
DISQUALIFICATION OF MEMBER [SEC. 12]
No person shall be a, or shall continue to member of the governing body, if he:
(a) Has been convicted of an offence involving moral turpitude.
(b) Declared to be of unsound mind.
(c) Is undischarged insolvent?
(d) Is member of staff of institution other than medical adviser?
(e) Has any direct or indirect interest in a contract with the institution,
(f) Owes to institution contributions to the extent specified in the regulation.
(g) Has lost capacity by virtue of which he was appointed as member.
(h) Has failed to attend more than one-third meetings of the governing body during a year.
REMOVAL OF CHAIRMAN OB MEMBER [SEC. 12(2)]
Governing body may remove chairman or a member, if he:
(a) Refuses or fails to discharge his responsibilities.
(b) Has abused his position
(c) Has absented from 3 consecutive meetings without permission.
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