Indian Bare Acts

Search Alphabatically :

THE EMPLOYEES STATE INSURANCE ACT, 1948

Title : THE EMPLOYEES STATE INSURANCE ACT, 1948

Year : 1948



(1) The State Government shall, by notification in the Official Gazette, constitute an Employees Insurance Court for such local area as may be specified in the notification.

(2) The Court shall consist of such number of Judges as the State
Government may think fit.

(3) Any person who is or has been a judicial officer or is a legal practitioner of five years standing shall be qualified to be a
Judge of the Employees Insurance Court.

(4) The State Government may appoint the same Court for two or more local areas or two or more Courts for the same local area.

(5) Where more than one Court has been appointed for the same local area, the State Government may by general or special order regulate the distribution of business between them.



(1) If any question or dispute arises as to-

(a) Whether any person is an employee within the meaning of this Act or whether he is liable to pay the employees contribution, or

(b) The rate of wages or average daily wages of an employee for the purposes of this Act, or

(c) The rate of contribution payable by a principal employer in respect of any employee, or

(d) The person who is or was the principal employer in respect of any employee, or

(e) The right of any person to any benefit and as to the amount and duration thereof, or

1*[(ee) Any direction issued by the Corporation under section 55A on a review of any payment of dependants benefits, or]

2* * * * *

(g) Any other matter which is in dispute between a principal employer and the Corporation, or between a principal employer and an immediate employer, or between a person and the Corporation or between an employee and a principal or immediate employer in respect of any contribution or benefit or other dues payable or recoverable under this Act 3*[or any other matter required to be or which may be decided by the Employees Insurance Court under this Act], such question or dispute 3*[subject to the provisions of sub-section (2A)] shall be decided by the Employees Insurance Court in accordance with the provisions of this Act.

(2) 4*[Subject to the provisions of sub-section (2A), the following claims] shall be decided by the Employees Insurance Court, namely:-

(a) Claim for the recovery of contributions from the principal employer;

(b) Claim by a principal employer to recover contributions from any immediate employer;

5* * * * *

(d) Claim against a principal employer under section 68;

(e) Claim under section 70 for the recovery of the value or amount of the benefits received by a person when he is not lawfully entitled thereto; and

(f) Any claim for the recovery of any benefit admissible under this Act.

6*[(2A) If in any proceedings before the Employees Insurance
Court a disablement question arises and the decision of a medical board or a medical appeal tribunal has not been obtained on the same and the decision of such question is necessary for the determination of the claim or question before the Employees Insurance Court, that Court shall direct the Corporation to have the question decided by this Act and shall thereafter proceed with the determination of the claim or question before it in accordance with the decision of the medical board or the medical appeal tribunal, as the case may be, except where an appeal has been filed before the Employees Insurance Court under sub-section (2) of section 54A in which case the Employees Insurance Court may itself determine all the issues arising before it.]

7*[(2B) No matter which is in dispute between a principal employer and the Corporation in respect of any contribution or any other dues shall be raised by the principal employer in the Employees
Insurance Court unless he has deposited with the Court fifty per cent. of the amount due from him as claimed by the Corporation:

Provided that the Court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-
section.

(3) No Civil Court shall have jurisdiction to decide or deal with any question or dispute as aforesaid or to adjudicate on any liability which by or under this Act is to be decided by 8*[a medical board, or by a medical appeal tribunal or by the Employees Insurance Court].

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Ins. by Act 53 of 1951, s. 21 and subs. by Act 44 of 1966, s. 32.(w.e.f. 28-1-1968).

2. Cl. (f) omitted by Act 44 of 1966, s. 32 (w.e.f. 28-1-1968).

3. Ins. by s. 32, ibid. (w.e.f. 28-1-1968).

4. Subs. by Act 44 of 1966, s. 32, for "The following claims"
(w.e.f. 28-1-1968).

5. Cl. (c) omitted by s. 32, ibid. (w.e.f. 28-1-1968).

6. Ins. by s. 32, ibid. (w.e.f. 28-1-1968).

7. Ins. by Act 29 of 1989, s. 29 (w.e.f. 20-10-1989).

8. Subs. by Act 44 of 1966, s. 32, for "the Employees Insurance
Court" (w.e.f. 28-1-1968).

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------



(1) Subject to the provisions of this Act and any rules made by the State Government, all proceedings before the Employees Insurance Court shall be instituted in the Court appointed for the local area in which the insured person was working at the time the question or dispute arose.

(2) If the Court is satisfied that any matter arising out of any proceeding pending before it can be more conveniently dealt with by any other Employees Insurance Court in the same State, it may, subject to any rules made by the State Government in this behalf order such matter to be transferred to such other Court for disposal and shall forthwith transmit to such other Court the records connected with that matter.

(3) The State Government may transfer any matter pending before any Employees Insurance Court in the State to any such Court in another State with the consent of the State Government of that State.

(4) The Court to which any matter is transferred under sub-
section (2) or sub-section (3) shall continue the proceedings as if they had been originally instituted in it.



(1) The proceedings before an Employees Insurance Court shall be commenced by application.

1*[(1A) Every such application shall be made within a period of three years from the date on which the cause of action arose.

Explanation.-For the purpose of this sub-section,-

(a) The cause of action in respect of a claim for benefit shall not be deemed to arise unless the insured person or in the case of dependants benefit, the dependants of the insured person claims or claim that benefit in accordance with the regulations made in that behalf within a period of twelve months after the claim became due or within such further period as the Employees Insurance Court may allow on grounds which appear to it to be reasonable;

2*[(b) The cause of action in respect of a claim by the
Corporation for recovering contributions (including interest and damages) from the principal employer shall be deemed to have arisen on the date on which such claim is made by the Corporation for the first time:

Provided that no claim shall be made by the Corporation after five years of the period to which the claim relates;

(c) The cause of action in respect of a claim by the principal employer for recovering contributions from an immediate employer shall not be deemed to arise till the date by which the evidence of contributions having been paid is due to be received by the
Corporation under the regulations.]

(2) Every such application shall be in such form and shall contain such particulars and shall be accompanied by such fee, if any, as may be prescribed by rules made by the State Government in consultation with the Corporation.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Ins. by Act 44 of 1966, s. 33 (w.e.f. 28-1-1968).

2. Subs. by Act 29 of 1989, s. 30 (w.e.f. 20-10-1989).

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------



(1) The Employees Insurance Court shall have all the powers of a Civil Court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence and such Court shall be deemed to be a Civil Court within the meaning of 1*[section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).]

(2) The Employees Insurance Court shall follow such procedure as may be prescribed by rules made by the State Government.

(3) All costs incidental to any proceeding before an Employees
Insurance Court shall, subject to such rules as may be made in this behalf by the State Government, be in the discretion of the Court.

(4) An order of the Employees Insurance Court shall be enforceable as if it were a decree passed in a suit by a Civil Court.

------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Subs. by Act 45 of 1984, s. 9 (w.e.f. 27-1-1985).

------------------------------------------------------------------------------------------------------------------------------------------------------------



Any application, appearance or act required to be made or done by any person to or before an Employees Insurance Court (other than appearance of a person required for the purpose of his examination as a witness) may be made or done by a legal practitioner or by an officer of a registered trade union authorized in writing by such person or with the permission of the Court, by any other person so authorized.




Benefit not admissible unless claimed in time.- Rep. by the Employees State Insurance (Amendment) Act, 1966 (44 of 1966), s. 34 (w.e.f. 28-1- 1968).



An Employees Insurance Court may submit any question of law for the decision of the High Court and if it does so shall decide the question pending before it in accordance with such decision.



(1) Save as expressly provided in this section, no appeal shall lie from an order of an Employees Insurance Court.

(2) An appeal shall lie to the High Court from an order of an
Employees Insurance Court if it involves a substantial question of law.

(3) The period of limitation for an appeal under this section shall be sixty days.

(4) The provisions of section 5 and 12 of the 1*[Limitation Act,
1963 (36-6-1963)] shall apply to appeals under this section.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Subs. by Act 29 of 1989, s. 31 (w.e.f. 20-10-1989).

------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Where the Corporation has presented an appeal against an order of the Employees Insurance Court, that Court may, and if so directed by the High Court shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against.

Last updated on May, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female