Rule 17. Procedure and fees

(1) The procedure for filing appeal to the Employee Insurance Court, -

(i) An Appeal under section 49 shall be presented in triplicate in Form II and shall contain the following particulars, namely: -(a) the name of the Court in which an appeal is filed;

(b) full name, description including age, occupation and full postal address of applicant and the opposite party;

(c) where the applicant or the opposite party is a minor or a person of unsound mind, a statement to that effect and the full name, age, occupation and full postal address of his or her guardian, next-of-kin, or any other person authorized to act on his or her behalf;

(d) the fact constituting the cause of action and the date when it arose;

(e) the facts showing that court has jurisdiction;

(f) the relief which the applicant claims;

(ii) every appeal shall be verified in the same manner as a pleading in a Civil Court;

(iii) all the documents on which the appeal is based or has desired by applicant shall be appended to appeal with an accurate list thereof; appended to appeal with an accurate list thereof;

(iv) all appeals shall be entered in a register in Form III to be maintained by the Court.

(2) Proceeding of Employees Insurance Court. :-(i) Every appeal to the Court shall be filed within three years on which the cause of action arose or as the case may be, the claim becomes due;

(ii) Where at any stage it appears to the Court that the appeal should be presented to another Court, or should be entertained by another Court, the first Court shall send the appeal or file of the case to the Court empowered to deal with it and shall inform the applicant and the opposite party accordingly and the Court to which appeal or file is transferred shall continue the proceedings as if the previous proceedings or any part of it had been taken before it. Page 7 of 67

(iii) The Court shall follow the rules of the Code of Civil Procedure, 1908 in respect of s ummoning of the parties, service of summons, procedure of hearing, framing of issues, statement and production of evidence, method of recording evidence, cross examination of witness and other related matters.

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

(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 dependents' benefit, the dependents 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.

(3) Fees. - (i) The fee payable on an appeal in respect of any matter referred to in section 49 shall be hundred rupees.

(ii) The fee and costs payable in respect of any other matter shall be such as may be prescribed for the time being in force. prescribed for the time being in force.

(iii) All fees referred to in this rule shall be collected by way of Court fee stamps