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Unit 5: The Employees’ State Insurance Act, 1948: Adjudication, Benefits, and Penalties under the Act

(3) The State Government may transfer any matter pending before any Employees’ Insurance Notes
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.

5.3.4 Commencement of Proceedings

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

5.3.5 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 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.

5.3.6 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

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