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WELCOME TO THE PRESENTATION ON AMENDMENT 2010 REGARDING ESIC MEDICAL COLLEGES

Welcome to the presentation on Amendment 2010 regarding ESIC Medical Colleges

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Welcome to the presentation on Amendment 2010 regarding ESIC Medical Colleges. Amendment of Sec. 59 of the ESI Act, 1948 by adding Sec. 59-B. What happened and how. ‘The public is entitled to know on what evidence the decision is based .’ – M.C. Chagla . . The Bill 2009. - PowerPoint PPT Presentation

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Page 1: Welcome to the presentation  on Amendment 2010  regarding  ESIC Medical Colleges

WELCOME TO THE PRESENTATION

ON AMENDMENT 2010

REGARDING ESIC MEDICAL COLLEGES

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Amendment of Sec. 59 of the ESI Act, 1948 by adding Sec. 59-B.

What happened and how.

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‘The public is entitled to know on what evidence the decision is based.’

– M.C. Chagla.

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The Bill 2009

The Clause 15 of the ESI (Amendment) Bill, 2009 as introduced in the Lok Sabha is reproduced below:

“15. After section 59A of the principal Act, the following section shall be inserted, namely:—

"59B. The Corporation may establish medical colleges, nursing colleges and training institutes for its para-medical staff and other employees with a view to improve the quality of services provided under the Employees' State Insurance Scheme."

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The Statement of Objects and Reasons

This Statement is meant for convincing the Hon’ble Members of Parliament about the purpose of the amendments proposed.

The Para 4 (xiv) of the Statement says that the provision in the Bill reproduced in the previous Slide is one of the Salient Features of the Bill

and

“it improves the quality of its service delivery and raise infrastructural facilities by opening medical colleges and training facilities in order to increase its medical and para-medical staff.”

(See Page No. 89 of the Parliamentary Standing Committee Report

given as Appendix I)

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When read together•When the Clause 15 of the Bill and the Para 4 (xiv) of the Statement of Objects and Reasons are read together, it gives the impression that the quality of services provided under the ESI Scheme will be improved by increasing the number of medical and para-medical staff in the ESI Corporation.

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•In other words, it implies that increasing the number of the medical and para-medical staff in the ESI Corporation would facilitate improving the quality of services provided under the ESI Scheme.

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ESIC Medical Colleges

for Under-graduate courses

and

institutions

for para-medical staff

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•The ESI Corporation was aware that “a number of ESI Hospitals are under-utilised but the fixed expenditure on salaries, equipments and maintenance remains the same which results in increase in per-capita expenditure medical care.” The Sub-Committee of the ESIC, therefore, suggested for opening up the hospitals “to non-insured persons also against payment of user charges”.

• (Refer to Col.4 against Sl.No.15 of the Report of the Sub-Committee regarding

the need for amending Sec. 59(1) to insert a proviso thereunder).

This statement with reference to Sec. 59(1) runs contrary to the stand taken for adding Sec. 59 –B as mentioned in the Slide No.4. Does it not?

•The information provided in the Annual Report revealed that considerable number of ESIC Hospitals and ESIS Hospitals were under-utilised.

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• If there was a need for increasing the number of medical officers and para-

medical staff, in spite of there being less occupancy in the

hospitals, the natural course of action was recruitment only.

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• The ESI Corporation had published a book in the year 2002 titled “Norms and Standards of Staff & Equipment for ESI Hospitals & Dispensaries”.

• It had been published after extensive research and comparison with the hospitals run under the CHS specifying norms of staff.

• It was not clear whether the norms prescribed after extensive analysis for deployment of staff at the field level, as per the said book were found to be defective before the ESI Sub-Committee arrived at the findings that increasing the medical and para-medical staff by setting up medical colleges and nursing colleges was the solution for improving the quality of service provided under the ESI Scheme.

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If the ESI Corporation had arrived at the decision that the number of medical and para-medical staff must be increased even beyond the norms prescribed for the CHS-run hospitals and dispensaries, it could activate the recruitment process and recruit more doctors, nurses, etc., It was not necessary to set up medical colleges and that too by amending the Act for that purpose.

Besides, it is not legally permissible to use services of trainee-nurses as a substitute for the services of trained nurses.

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Is there any need for undergraduate Medical Colleges?

• The proposals for setting up Medical Colleges for undergraduate courses in so many centres would not have been recommended by the Sub-Committee, if only

– The Committee had been informed of the experience of the ESI Corporation that there was no difficulty in recruiting any number of doctors.

• The no. of applicants far exceeded, always, the no. of vacancies, whenever the ESiC conducted examinations for recruitment.

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ESIC Post-graduate Medical Colleges

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If the ESIC was in need of more doctors with post-graduate qualifications,

1. Why did the ESIC not permit the already serving doctors to join post-graduation courses, even though they had, themselves, qualified for it and were ready to execute the agreement to serve the organization as per rules on the subject?

2. How many Medical Officers were denied permission and Study Leave to prosecute their post-graduate courses, instead of taking advantage of their extra efforts?

3. Why did the ESIC not tie up with post-graduate medical educational institutions for sponsor-ship, when such sponsor-ship is accepted by various institutions?

4. Were these facts examined on file before taking action for construction of buildings even before the parliamentary approval on 03.05.2010?

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Super-specialists

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•The ESI Hospitals did not have any super-speciality facilities by 2009. They were functioning almost as referral hospitals and referred cases to the hospitals with whom there were tie-up arrangements.

•It was also a fact that medical personnel with super-speciality qualification were not available to the ESIC always.

•But, does it necessitate recruitment of specialists on contract basis or opening of so many post-graduate medical colleges by the ESIC?

(One may keep in view that there was a separate amendment to Sec. 17

for recruitment of specialists which has been dealt with in

http://flourishingesic.info/2012/08/23/amendment-2010-the-enigma-episode-1

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As every proposal is required to be made after examining the cost-benefit ratio, the following questions, naturally, arose in the issue of opening medical colleges by the ESIC both for undergraduate and post-graduate courses:

1. How many super-speciality cases were then referred to such hospitals during the previous three years?

2. What was the total cost of such referred cases?

3. What was the total estimated initial cost for setting up the super-speciality hospitals and the recurring yearwise expenditure in so many centres with medical colleges for under-graduate courses and post-graduate courses?

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No such analysis of cost-benefit ratio had been brought out in

the proposal.

If such analysis had been made, the proposal for opening so

many post-graduate colleges would have been re-considered

by the Sub-Committee.

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•At the time when these proposals were being mooted, it was the common talk in the ESI Corporation that if the requirement was to purchase a pin for office use, the action taken was not to buy a pin from the market but to set up numerous Steel Rolling Mills.

•This simile applies very correctly to the proposal for the setting up of so many medical colleges.

• The requirement of the Indian Defence is met through only one medical college at Pune. But, the ESIC wanted to set up numerous medical colleges.

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Recurring and Non-recurring expenditure

• Running the medical colleges would involve heavy recurring expenditure.

• It is learnt that in respect of one medical college alone, (A relatively small hospital with an attached 500-bedded

hospital), it was calculated later that the recurring expenditure would be around Rs.129 crores, when the ESIC ran it.

• The non-recurring expenditure would be Rs. 560 crores, as per the calculation.

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• How many Medical Colleges for Delhi, Maharashtra, Karnataka, Kerala, Tamilnadu, AndhraPradesh, Orissa and West Bengal regions?

• What is the revenue from these regions?

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Allahabad and Benares Universities

• The information from a reliable source is that the Allahabad University finds that the cost of running a single Medical College costs four times the total expenditure of the entire university.

• The cost of running a medical college by the Benares University is five times the cost of the entire university.

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• This calculation regarding the recurring expenditure does not seem to have been made on record before the amendments were made.

• These calculations had been made only later.

• So, what was the information provided to the Parliament, earlier, as per the Bill cleared by the Ministry of Law?

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Financial MemorandumPara 3 of the Financial Memorandum which was part of the aforesaid ESI (Amendment) Bill, 2009 reads:

“The Bill does not involve any expenditure whether recurring or non-recurring nature”.

(Please see page 90 of the Parliamentary Standing Committee Report

for the Financial Memorandum in the Bill,given as Appendix – I )

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That was the reply given to the Parliament before which

the Annual Reports of the ESIC are placed

as per Sec. 36 of the ESI Act, 1948.

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Now the events in History

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Proposal of the ESI Corporation:

• The ESI Corporation decided, in its meeting dated 17.7.2007, that a Sub-Committee of the Corporation be constituted to review the existing provision of the ESI Act and suggest amendments keeping in view the changed economic scenario.

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Proposal of the Sub-Committee:

• The Report of the Sub-Committee of ESI Corporation on amendments to the ESI Act, 1948 contains the following as “Reasons” for inserting a ‘New Section’ as Sec. 59 (B) against Sl. No. 17 of its report (Page 17 & 18 of Annexure – A):

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• “There is acute shortage of doctors and para-medical staff in ESI Hospitals/dispensaries which is adversely effecting the delivery of health care services to insured persons. It is, therefore, necessary for ESIC to have its own Medical Colleges and other training institutions to produce doctors and paramedical staff. These doctors/paramedical staff would be required to render such minimum service in ESI hospitals/dispensaries/institutions as may be decided by the Corporation.”

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Approval of ESI Corporation

• The ESI Corporation approved the report of the Sub-Committee on 22.2.2008 in its 142nd meeting.

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Approval of the Ministry of Labour

“The amendment proposals suggested by the Corporation have been considered in the Ministry. It is considered necessary to incorporate amendments in the ESI Act as suggested by the Corporation”.

(Para 4 of the Note for the Committee of Secretaries dated 3.11.2008 signed by

Mr. S.K.Srivastava, Joint Secretary to the Government of India

with the approval of the Secretary, (L&E)

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Ministry of Labour• Ministry of Labour & Employment

prepared the Draft Note for the Cabinet and circulated it to the Ministries/Departments/State Governments.

• The Ministry obtained their views.• The views of the State Governments

are given in the following slides:

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Uttarakhand

• Uttarakhand gave specific opinions only in respect of Sec.87, Sec. 2 (9), Sec. 45 and Sec. 45 -1 (b).

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Assam

• Assam “agreed to proposed amendments”.

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Madhya Pradesh

• Madhya Pradesh gave opinion about Sec. 87 only.

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Goa

• “Supported”

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Gujarat

• Gujarat opined about Sec. 59 (2) on third party participation only.

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Tamil Nadu

“No comments”.

39

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Kerala

• Kerala gave opinion about Sec. 2(1), Sec. 2 (11) (v), Sec. 2 (17), Sec. 59(2) only.

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Bihar

• Bihar gave opinion about Se. 2 (1) and Sec. 91(A) only.

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West Bengal

• West Bengal gave opinion about Sec. 2 (1), Sec.2 (11) (iii) & (iv), Sec. 17 (3), Sec. 45-A (1), Sec. 56 (3), Sec. 59 (3) and Sec. 87 only.

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Haryana

• “Agreed to proposed amendments”

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Chandigarh

• “Agreed to proposed amendments”

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Andhra Pradesh

• Andhra Pradesh gave opinion about Sec. 10 only.

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Puducherry

• Puducherry gave opinion about Sec. 2 (1), Sec. 17, Sec. 87 and Sec. 91-A only.

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Orissa

• “No comments”

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Meghalaya

• “No comments”.

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• These facts make it clear that the intricacies of the issue were not understood by the State Governments, in spite of the fact that they are Members of the Corporation and are very important stakeholders.

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Video Conference

• Video Conference was held in the Ministry of Labour & Employment on 10.7.2008 with State Governments regarding the Draft Note for the Cabinet, on the amendments.

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• Jammu& Kashmir, Uttarakhand, Uttar Pradesh, Gujarat, Maharashtra, Goa, Karnataka, Kerala, Tamil Nadu, Orissa, Andhra Pradesh, Bihar, West Bengal, Assam and Meghalaya participate in the Video Conference.

• Uttarakhand alone touched the issue of medical colleges and wanted the Medical and Para-medical colleges opened in Uttarakhand too.

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Ministry of Law• There are two departments in the

Ministry of Law, one the Legislative Department and the other Advice Department.

• The Legislative Department of the Ministry of Law prepared the Draft Bill, namely, the Employees’ State Insurance (Amendment) Bill, 2008.

• Clause 15 of the Bill of 2008 is the same as given in Slide No. 3 as Clause 15 of the Bill of 2009.

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Cabinet

• Approval of the Cabinet was solicited by the Ministry of Law as per its Note dated 08.10.2008, explaining all these facts.

• The Cabinet, in its meeting held on 16.10.2008, considered the note dated 08.10.2008 and directed that the matter might be examined, in the first instance, by the Committee of Secretaries.

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Ministry of Labour & Employment

• The Note for the Committee of Secretaries dated 3.11.2008 was sent to Cabinet Secretariat duly signed by Mr. S.K.Srivastava, Joint Secretary to the Government of India, (L&E), with the approval of the Secretary, (L&E) for the consideration and approval of the Committee of Secretaries.

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Committee of Secretaries

• The meeting of the Committee of Secretaries was held on 06.01.2009 chaired by the Cabinet Secretary.

• The Committee made some suggestions about sec. 2 (12) and Sec. 17(2) only.

• The proposed amendment regarding the medical colleges by adding Sec. 59 B was approved along with the others.

(Photocopy on the next slide)

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The COS Meeting Minutes

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• The Minutes are sent to the Cabinet Secretariat on 09.01.2009.

• Cabinet considered the issue on 23.02.2009.• Cabinet advises the earlier Bill regarding RSBY, which

had lapsed, and the present Bill may also be introduced along with the present one.

• Ministry of Law advises preparation of a single comprehensive Bill because, introducing two separate Bills for amendment at the same time for a single Act would not be legally sound.

• Accordingly a combined Bill is prepared and sent to the Advice Department of the Ministry of Law.

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Ministry of LawExtraordinary speed in clearing the proposal within two days by the

Advice Department of the Ministry of Law & Justice

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• The Advice Section of the Department of Legal Affairs received the concerned file from the Ministry of Labour & Employment on 24.6.2009, examined the “Draft notes for the Cabinet” containing the present set of amendments.

• The Note of the Ministry of Law says: “Comprehensive amendments in the ESI Act, 1948 are proposed pursuant to the recommendations of the Sub-Committee constituted to review the existing provision of the ESI Act, 1948 keeping in view the changed economic scenario”. It refers to the fact of examination of this issue by the Cabinet, Committee of Secretaries and the agreement of various departments to the proposals.

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• The Additional Legal Advisor of the Department of Legal Affairs had his final say on this matter and recorded his opinion as given below on 26.6.2009:

“Since the proposed amendments are a matter of policy and do not appear to be legally and constitutionally objectionable, we may concur in the draft note”.

• The Advice Department had, thus, cleared the Bill within two days, on 26.6.2009 and sent it to the Legislative Department on 29.6.2009.

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The Bill was introduced in the Lok Sabha on 07-08-2009.

The Speaker, Lok Sabha referred the Bill to the Standing Committee on Labour for examination and report within three months from the date of publication of the reference of the Bill in the Bulletin Part-II of Lok Sabha dated 9th September, 2009.

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22/10/2009

In the process of examination of the Bill, the Committee invited the representatives of the Ministry of Labour and Employment on 22nd October, 2009 and heard their views.

3/11/2009

The Committee invited the views of major Central Trade Unions on the Bill through Memorandum. On 3rd November, 2009, the representatives of Trade Unions also deposed before the Committee to share their views and give their suggestions on the proposed amendments

11/11/2009

The Committee further took oral evidence of the officials of the Ministry of Labour and Employment on 11th November, 2009 on the proposed amendments by the Government.

4/12/2009 The Committee considered and adopted their draft Report on the Bill at their sitting held on 4th December, 2009.

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The Parliamentary Sub-Committee

on Labour• The Committee did Clause by Clause

analysis of `The Employees’ State Insurance (Amendment) Bill, 2009’.

• The matter pertaining to Sec. 59–B is given in the following slides:

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Excerpts from Page 32 of the Parliamentary Standing Committee Report on the Amendments to the ESI Act.

XVII-Establishment of medical colleges, nursing colleges and training institutions for para-medical staff - Insertion of Section 59 B

Para 69.

After section 59A of the Principal Act, the following section shall be inserted, namely:—

"59B. The Corporation may establish medical colleges, nursing colleges and training institutes for its para-medical staff and other employees with a view to improve the quality of services provided under the Employees' State Insurance Scheme.”

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Para 70

• “It is proposed to make provision for establishment of medical colleges, nursing colleges and training institutions for para-medical staff by ESIC with a view to overcoming shortage of medical/para-medical staff in ESI hospitals/dispensaries and for general improvement in the quality of services.”

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Para 71

“The Ministry in their explanatory note stated that:- ―There is an acute shortage of doctors and para-medical staff in ESI Hospitals/dispensaries which is adversely affecting the delivery of health care services to insured persons. It is therefore necessary for ESIC to have its own medical colleges and other training institutions to produce doctors and para-medical staff. These doctors/para-medical staff would be required to render such minimum service in ESI hospitals/dispensaries/institutions as may be decided by the Corporation. This will also improve the quality of medical care and enable provision of super-specialty care to insured persons and their families in these hospitals.”

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The PSC asked the Ministry of Labour / ESIC

to give a detailed account of vacancies vis-à-vis recruitment of

medical and para-medical staff done during each of the last five

years.

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• Apparently, the PSC wanted to know whether it was really necessary to set up medical colleges and nursing colleges to appoint doctors and nurses.

• The PSC, therefore, sought information whether these people were not available in the marker to the extent of the requirement of the ESIC.

• The PSC, therefore, specifically wanted the information about the details of recruiment action taken by the ESIC.

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• The reply in the normal course should have been to explain the year-wise vacancies, the no. of applications received for each advertisement for recruitment, and the details of selection.

• That would have shown that there were overwhelming number of applications for doctors.

• In regard to nurses, the number of applications was very very huge.

• But, these complete facts were not given to the PSC on Labour.

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• Para 72• “The Ministry in their written

reply furnished the following information and also explained the steps taken for filling up the vacancies in ESIC run institutions and State run institutions :- “

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The information deluge• The vacancy position had been given

State-wise by the ESI Corporation for five years from 2004-05 to 2008-09 not only in respect of medical and para-medical staff but also in respect of others.

• The statements of all the five years are available in ten Pages 34 to 43 of Appendix I.

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The following running matter had been given below the

aforesaid statements(The text in four slides including this one)

• ESI Corporation has taken several steps for filling up of the vacancies in the ESI hospitals and dispensaries directly run by the Corporation and also taken several steps to facilitate State Governments to fill up the vacancies at the earliest.

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Action for filling up vacancies in ESIC run institutions:

i) For filling up the post of Medical Officers and Specialists, recruitments have been under taken by ESI Corporation on zonal basis and appointment letters have already been issued. A total of 532 Medical Officers, 158 specialists, 8 Dental Surgeons and 10 Ayurvedic Physicians have been issued Offer of Appointment.

ii) For recruitment of para medical staff, powers have been delegated to respective Medical Superintendents and they are doing the recruitments directly to fill up the vacancies.

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Action for filling up of vacancies in State run institutions

• The vacancies are to be filled up by the State Govt. itself. To facilitate the State Govt. for filling up the vacancies, ESIC has taken following steps:-

– i)  ESIC has increased the ceiling on reimbursement of expenditure on medical care from Rs.1000/- to Rs.1200/- per IP family unit per annum w.e.f. 01.04.2008.

– ii)  In addition, ESI Corporation has also decided to reimburse

the administrative expenditure incurred by the State Govt. towards Medical Scheme on actual basis subject to fulfilment of following conditions relating to human resources administration, apart from other conditions:-

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State Govt. shall rationalize and reorganize the infrastructure of ESIS Hospitals and dispensaries. The reorganisation shall primarily involve closure, amalgamation, merger, re-location, reduction in size, outsourcing, tie-up, etc. of the ESIS facilities as decided by the Corporation from time to time. A Verifying Committee consisting of the concerned Regional Director, SSMC/SMC, director, ESI Scheme and one representative each of the State Government and Hqrs. Office shall certify the implementation of the rationalization of the Scheme. This rationalization is an ongoing process and will be reviewed periodically. The above Verifying Committee shall meet in December every year and assess the progress and status of rationalization / reorganisation of ESIS infrastructure. Based on the report of the Verifying Committee the release of budget as per the actual administrative expenditure will be made by ESIC in the 4th quarter on account payment to the State Govt.

• The State Govt. shall have to delegate adequate powers to the field level functionaries i.e. Director ESI Scheme, Medical Superintendents of ESI Hospitals and Medical Officer In-charges of the ESI dispensaries for ensuring hassle free day to day functioning including purchase of drugs and dressings, maintenance of equipments and reimbursement of bills etc.

• Hospital Development Committee shall be made fully functional and effective.

• The State Govt. shall adopt the Scheme of Revolving Fund for the expenditure other than the expenditure on ―Administration‖.

• The State Govt. should either agree for implementation of the Scheme in new areas as proposed by ESIC or allow ESIC to implement the Scheme directly i.e. if the State Govt. fails to make medical arrangement after notification of the Scheme ESIC will make the medical arrangement directly in the those areas and the expenditure will be deducted from on account payment due to the State Govt. after completion of three years.

• iii) Teaching / non teaching staff required in Medical Colleges/ PG Institutes / Dental Colleges in State run hospitals, will be provided by ESI Corporation and the total expenditure will be borne by the ESI Corporation.‖

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The Q & the AThus, when the Parliamentary Committee asked for the “detailed account of vacancies vis-a-vis recruitment of medical and para-medical staff done during each of the last five years”, they wanted to know whether there was proper response to the recruitment process and whether the vacancies could be filled by direct recruitment through examination or interview process.

But, the reply given was the details of vacancies year-wise and the details of recruitment in a cumulative figure in a single para as a running matter.

The basic fact that every recruitment process resulted in receiving much more applications than the number of vacancies was camouflaged.

Para iii reproduced on the previous slide was not relevant here and was not in reply to the specific question raised by the Parliamentary Standing Committee. (Please refer to Page 45 of the P.S.C. Report – Appendix I)

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The Committee would have been enlightened if the following details had been given category

wise and year-wise.

• Year.• No. of vacancies that arose during the year GDMOs / Specialists separately.• Date of examination for recruitment GDMOs/ Specialists separately.• No. of persons applied • No. of persons selected• No. of vacancies which could not be filled through the aforesaid

recruitment process for want of qualified candidates.• Reason for such non-response in the case of undergraduate GDMOs /

Specialists.• If there had been overwhelming response for every advertisement, the

reason for the proposal to open Medical and Nursing Colleges.

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• The fact was that persons who got higher qualifications were ready to accept the GDMO post.

• There were such doctors who wanted some time to complete the higher study and join the post of GDMO. They were not permitted .

• The implication, therefore, was that the ESIC had, in its hand, more candidates than it needed, when it went to the market for recruitment.

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• But, the details furnished for more than 11 pages by the ESIC did not give any information to the Parliamentary Standing Committee regarding the response of the market.

• It did not justify whether setting up of Medical Colleges was absolutely essential for filling up the vacancies.

• There was no categorisation of vacancies of undergraduate medical officers or post-graduate specialists in the statement given.

• But, the information deluge appears to have tired out the Committee and they went further.

• Did the Committee get convinced or confused? Readers are free to decide.

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Now to the Chapter –IV of the Report of the PSC

containing theObservations /

Recommendations

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Page 72 of the Report reproduced

Establishment of medical colleges, nursing colleges and training institutions for para-medical staff

114. The Committee observe that there is an acute shortage of doctors and para-medical staff in ESI hospitals/dispensaries which is adversely affecting the delivery of healthcare services to the beneficiaries under the Scheme. The Committee concur with the proposal of the Government for establishment of medical colleges, nursing colleges and training institutions for para-medical staff by ESIC and that doctors/para-medical staff passing out of these institutions would be required to render minimum mandatory service in these hospitals. The Committee, however, recommend that these medical colleges and hospitals should be established in such places where more number of insured persons and poor working class people are living so as to provide them the much needed healthcare.

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Purpose achieved

Now, who was having the last laugh?

The I.P?

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"It is our job to tell Select Committees the truth and nothing but the truth. But it would be profoundly inappropriate and grossly irresponsible to tell them the whole truth."

- This is the advice of the senior to his junior bureaucrat

while training him in the art of managing the Legislature,

in the famous satirical play “Yes, Minister” broadcast by the BBC.

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The reply given by the ESIC to the query of the PSC on Labour was, virtually, a re-enactment of the same play.The truth regarding the vacancies was told elaborately. The truth regarding the number of persons appointed was also told. But, the truth regarding the no. of applications received for every advertisement for recruitment of doctors and nurses was not told. The PSC was told some truth. But, not the whole truth.

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• In Para 121 in Page 79 of its Observations / Recommendations in Appendix I, the Committee expresses its serious concern over the large number of vacancies in the Medical and Para-medical category.

• But, that para was only an additional observation and has no connection with the opening of medical colleges for undergraduate courses.

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9/12/2009 The Report of the Standing Committee on Labour (2009-10) in Appendix –I was presented to the Lok Sabha on 9th December, 2009 and laid in the Rajya Sabha on 9th December, 2009

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Now, what happened in the House of the People?

• It was a fact that the Bill had been placed before the Parliament during various sessions and was getting postponed.

• It was posted, ultimately, out of various days assigned to the Labour Ministry, for discussion in the Lok Sabha on the last day of the last week in the particular session, i.e., 3.5.2010.

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Act passed by Parliament The Bill was declared to have been

passed ultimately, on 03.05.2010, without any discussion in the Parliament.

It happened on the day when there

was uproar on the matter of Mr. Sibu Soren.

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Readers may please go through the pages from 58 to 69 of the Hansard:

Given as Appendix - Ii

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Excerpts from Pages 68 & 69 of the Hansard dated 03.05.2010:

• MR. DEPUTY-SPEAKER: The question is: “That the Enacting Formula, as amended, stand part of the Bill. ” The motion was adopted. The Enacting Formula, as amended, was added to the Bill. The Long Title was added to the Bill.

… (Interruptions)

• MR. DEPUTY-SPEAKER: The Minister may now move that the Bill, as amended, be passed.

• SHRI MALLIKARJUN KHARGE: I beg to move: “That the Bill, as amended, be passed”.

• MR. DEPUTY-SPEAKER: The question is: “That the Bill, as amended, be passed.”

The motion was adopted. … (Interruptions)

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(1)The Parliamentary Standing Committee asked for certain particulars.

(2)A lot of particulars were given in such a manner that the relevant issue was not answered.

(3)Medical Colleges for undergraduate courses, however, came into existence, by law.

(4) If only the relevant facts had also been included in the eleven pages of facts ….

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For whom was the law enacted thus?

Now, please re-visit Slides 21 – 25 and 77.

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We salute Mr. A. Veerappan for his exemplary efforts!

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Thank you!