Rule 6. Procedure to be followed by the Employees’ Insurance Court under sub-section(2) and the rules under sub-section (3) of section 50 and the manner of commencement of proceedings before the Employees’ Insurance Court, fees and procedure thereof under sub-section (1) of section 51 of the Code

(1) For the purpose of section 48, the State Government, by notification, shall constitute an Employees’ Insurance Court for such local area as may be specified in the notification.

(2) Procedure for application to the Employee Insurance Court-

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

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

(iii) 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.

(iv) the fact constituting the cause of action and the date when it arose.

(v) the facts showing that court has jurisdiction.

(vi) The relief which the applicant claims.

(b) every application shall be verified in the same manner as a pleading in a Civil Court.

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

(d) all application shall be entered in a register in Form- III to be maintained by the Court.

(3) Proceeding of Employees Insurance Court.—

(a) every application to the Court shall be brought within three years on which the cause of action arose or as the case may be, the claim becomes due;

(b) where at any stage it appears to the Court that the application should be presented to another Court, or should be entertained by the another Court, the first mentioned Court shall send the application 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 application for file is transferred shall continue the proceedings as if the previous proceedings or any part of it had been taken before it;

(c) the Court shall follow the procedures of the Code of Civil Procedure, 1908 in respect of summoning of the parties, service of summon, procedure of hearing, framing of issues, statement and production of evidence, method of recording evidence, cross examination of witness and other related matters.

(4) Fees and Costs.—

(a) the fee payable on an application in respect of any matter referred to in section 49 of the Code shall be hundred rupees;

(b) the fee and costs payable in respect of any other matters shall be such as prescribed by the relevant laws prescribed for the time being in force;

(c) all fees and costs referred to in this rule shall be collected by means of Court fee stamps.