Schedules to be edited




Yüklə 276.74 Kb.
səhifə11/14
tarix17.04.2016
ölçüsü276.74 Kb.
1   ...   6   7   8   9   10   11   12   13   14

73D. Mode of recovery of employer's special contribution

The employer's special contribution payable under this Chapter may be recovered as if it were an arrear of land revenue.




73E. Power to call for additional information or return

Without prejudice to the other provisions contained in this Act  the Corporation may for the purpose of determining whether the employer's special contribution is payable under this Chapter or for determining the amount thereof by general or special order require any principal or immediate employer or any other person to furnish such information or returns to such authority in such form and within such time as may be specified in the order.

73F. Power to exempt to be exercised by Central Government alone in respect of employer's special contributions
Notwithstanding anything contained in this Act the Central Government may have regard to the size or location or the nature of the industry carried on in any factory or establishment or class of factories or establishments from the payment of the employer's special contribution under this Chapter and nothing contained in section 87 and 91 inclusive shall be deemed to authorise any State Government to grant any such exemption.

73G. Application of certain provisions of this Act to employer's special contribution

Save as otherwise expressly provided in this Chapter the provisions of Chapter IV section 72 and Chapter VII and any rules and regulations made under this Act shall so far as may be apply in relation to the payment or recovery of employer's special contributions the penalties specified in connection therewith and all other matters incidental thereto as they would have applied in relation to an employer's contribution if this Chapter were not in force and the employer's contribution had been payable under this Act.




73H. Power to remove difficulties

[Repealed by the Act 44 of 1966 w.e.f. 17-6-1967]




73I. Duration of Chapter VA

The Central Government may by notification in the Official Gazette (vide SO No. 173(E) dt. 26-3-1973) direct that the provisions of this Chapter shall cease to have effect on such date as may be specified in the notification not being a date earlier than three months from the date of the notification:


Provided that on the provisions of this Chapter so ceasing to have effect the provisions of section 6 of the General Clauses Act 1897 shall apply as if the provisions of this Chapter had then been repealed by a Central Act.


VI  ADJUDICATION OF DISPUTES AND CLAIMS




74. Constitution of Employees' Insurance Court
(1) The State Government shall by notification in the Official Gazette constitute an Employees' Insurance Court for such local areas 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 seal 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.
75. Matters to be decided by Employees' Insurance Court
(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 employee's 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
(ee) any direction issued by the Corporation under section 55A on a review of any payment of dependant's benefits or
(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 or any other matter required to be or which may be decided by the Employees' Insurance Court under this Act such question or dispute 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) 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;
(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.

(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.


(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 a medical board or by a medical appeal tribunal or by the Employees' Insurance Court.

76. Institution of proceedings etc
(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 proceedings 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.

77. Commencement of proceedings
(1) The proceedings before an Employees' Insurance Court shall be commenced by application.
(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;
(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.
78. Powers of Employees' Insurance Court
(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 section 195 and Chapter XXVI of the Code of Criminal Procedure 1973.
(2) The Employees' Insurance Court shall follow such procedure is 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.

79. Appearance by legal practitioners etc
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 authorised in writing by such person or with the permission of the Court by any other person so authorised.

80. Benefit not admissible unless claimed in time
[Omitted by Act 44 of 1966 w.e.f. 28-1-1968]

81. Reference to High Court
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.

82. Appeal
(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 substantial question of law.
(3) The period of limitation for an appeal under this section shall be sixty days.
(4) The provisions of sections 5 and 12 of the Limitation Act 1963 shall apply to appeals under this section.
VII  PENALTIES
84. Punishment for false statements
Whoever for the purpose of causing any increase in payment or benefit under this Act or for the purpose of causing any payment or benefit to be made where no payment or benefit is authorised by or under this Act or for the purpose of avoiding any payment to be made by himself under this Act or enabling any other person to avoid any such payment knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months or with fine not exceeding two thousand rupees or with both.
Provided that where an insured person is convicted under this section he shall not be entitled for any cash benefit under this Act for such period as may be prescribed by the Central Government.

85. Punishment for failure to pay contributions etc
If any person -
(a) fails to pay any contribution which under this Act he is liable to pay or
(b) deducts or attempts to deduct from the wages of an employee the whole or any part of the employer's contribution or
(c) in contravention of section 72 reduces the wages or any privileges or benefits admissible to an employee or
(d) in contravention of section 73 or any regulation dismisses discharges reduces or otherwise punishes an employee or
(e) fails or refuses to submit any return required by the regulations or makes a false return or
(f) obstructs any Inspector or other official of the Corporation in the discharge of his duties or
(g) is guilty of any contravention of or non-compliance with any of the requirements of this Act or the rules or the regulations in respect of which no special penalty is provided
he shall be punishable -
(i) where he commits an offence under clause (a) with imprisonment for a term which may extend to three years but -
(a) which shall not be less than one year in case of failure to pay the employee's contribution which has been deducted by him from the employee's wages and shall also be liable to fine of ten thousand rupees;
(b) which shall not be less than six months in any other case and shall also be liable to fine of five thousand rupees :
Provided that the Court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a lesser term;
(ii) where he commits an offence under any of the clauses (b) to (g) (both inclusive) with imprisonment for a term which may extend to one year or with fine which may extend to four thousand rupees or with both.

1   ...   6   7   8   9   10   11   12   13   14


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə