(1) These
Rules may be called the Assam Employees' Insurance Courts Rules, 1959. (2) They shall
extend to the whole of the State of Assam. (3) They shall
come into force on such date as the State Government may, by notification in
the official Gazette, appoint. In these Rules, unless there is anything repugnant in the
subject or context- (a) "Act"
means the Employees' State Insurance Act, 1948 (34 of 1948); (b) "Court"
means an Employees' Insurance Court constituted under Section 74; (c) "Form"
means a form appended to these rules; (d) "Section"
means a section of the Act; (e) All other
words and expressions used herein and not defined shall have the meanings respectively
assigned to them by the Act. Constitution
of Courts (1) A Court
shall ordinarily consist of one Judge : Provided that the State Government may, after
consultation with the Corporation, by notification in the official Gazette,
appoint two or more Judges to a Court for any particular proceeding or class of
proceedings and for such period as may be specified in the notification. (2) Subject to
the provisions of Rule 6, a Court shall sit at such place or places and at such
time as the State Government may, after consultation with the Corporation from
time to time, specify. The State Government may constitute the Presiding Officer
of any Civil or Criminal Court in the State as a Court for the purpose of the
Act and such Presiding Officer shall thereupon discharge the functions of the
Court in addition to his own duties. Where more than one Court is constituted for the same
local area, the State Government may, after consultation with the Corporation
by a general or special order, distribute business among them. (1) Where one
Court is constituted for two or more local areas, the Court shall, subject to
the approval of the State Government, appoint the time at which the Court shall
sit in respect of each local area or in respect of any class of proceedings
under the Act. (2) A notice
of the time appointed under sub-rule (1) shall be published in such a manner as
the State Government may, from time to time, direct. (1) Where more
than one Judge has been appointed to a Court, the State Government shall
specify their rank and precedence. (2) The senior
Judge for the time being shall, from time to time, make such arrangements, as
he thinks fit, for the distribution of business of the Court among the Judges
thereof. (3) When two
or more Judges, sitting together, differ on any question, the opinion of the
majority of such Judges shall prevail; where there is no majority, the opinion
of the senior-most Judge shall, unless the State Government otherwise directs,
prevail. The State Government may, with the consent of the
Corporation, by notification in the official Gazette abolish any Court or by a
like notification alter the jurisdiction of any Court. Conditions
of Service of Judges, etc. (1) The State
Government may appoint a person qualified under Section 74 of the Act to be a
Judge of a Court: Provided that where a person already in judicial service
of the State Government is to be appointed, the High Court shall be consulted
and the appointee's consent obtained. (2) A Judge
shall receive such salary as the State Government may, after consultation with
the Central Government, from time to time, determine. (3) A Judge
shall receive dearness and other allowances at such rate and subject to such
conditions as are applicable to officers of the State Government of a
corresponding rank stationed at the same place. A Judge shall be entitled to
leave and leave salary under the Leave Rules which may, from time to time, be
applicable to other State Government servants or similar status and drawing
similar emoluments. (4) A Judge
shall be entitled to travelling allowance for journeys performed on official
business in accordance with the scale applicable to the class of officers to
which in the opinion of the State Government such Judge belongs. (5) A Judge
shall be subject to such other conditions of service, as the State Government
may, after consultation with the Central Government, determine. (6) Notwithstanding
anything contained in sub-rules (2) to (5) the pay, allowances, and other
conditions of service of a Judge, if he is a person already in the service of
the Government, shall be such as the State Government may, with the approval of
the Central Government, by a general or special order, from time to time,
determine. (7) Where the
State Government confers the powers of a Court on the Presiding Officer or a
Civil or Criminal Court, the Presiding Officer may be paid such additional
allowance as the State Government may, after consultation with the Central
Government, determine. (1) The State
Government may, with the consent of the Corporation, appoint such ministerial
officers and other subordinate staff as may be necessary for the exercise and
performance of the powers and duties conferred and imposed on a Court by or
under the Act. (2) The
ministerial officers and the subordinate staff of a Court shall exercise such
powers and discharge such duties as the Judge or, if there are more Judges than
one, the senior Judge, may, subject to any order of the State Government, from
time to time, direct. (3) The
ministerial officers and the subordinate staff of a Court shall be subject to
such conditions of service and draw such salaries and other emoluments and
receive such benefits as may be fixed by the State Government after
consultation with the Central Government. A Court shall be subject to the administrative control
and superintendence of the High Court, and shall- (a) keep such
registers, books and accounts as the High Court may, from time to time,
prescribe; and (b) comply
with such requisitions as may be made by the High Court or the State Government
for submission of service records, returns and statements, in such forms and in
such manner as the authority making the requisition directs. A Court shall keep a seal of such size, dimension and
design as the State Government may direct. CHAPTER II PROCEDURE AND
EXECUTION OF ORDERS (1) Every
proceeding under Section 75 shall be instituted by the presentation of an
application to the Court. (2) Every such
application shall be verified in the same manner as a pleading in a Civil Court
and shall be accompanied by two copies thereof. (3) An
application under Section 77 shall be presented in Form 1; shall be duly
stamped In accordance with these rules, and shall contain the following
particulars : (i) the name
of the Court in which the application is brought; (ii) the full
name including the father's name, description including age, occupation and
place of residence of the applicant; (iii) the full
name including the father's name, description including age, occupation and
place of residence of the opposite party so far as they can be ascertained; (iv) 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 address of his
or her next friend or guardian; (v) the facts
constituting the cause of action and the date when it arose; (vi) the facts
showing that the Court has jurisdiction; (vii) particulars
giving the address within the jurisdiction of the Court at which notice or
summons may be served on the applicant; and (viii) the relief
which the applicant claims. (4) The Court
may summarily reject an application if it is not in accordance with sub-rule
(3). (1) When any
application is based upon a document, the document shall be appended to the application. (2) Any other
document which any party desires to tender in evidence shall be produced at or
before the first hearing. (3) Any
document which is not produced at or within the time specified in sub-rule (1)
or (2), as the case may be, shall not, without the permission of the Court, be
admissible in evidence on behalf of the party who should have produced it. (4) All such
documents shall be accompanied by an accurate list thereof prepared in the
manner prescribed in Form 2. (5) Nothing in
this rule shall apply to any document which is produced for the purpose of
cross-examining a witness or is handed to a witness to refresh his memory. All applications shall be entered in a Register in Form 3
called the Register of Proceedings. Such entries shall be serially numbered for
every calendar year according to the order in which the applications are
presented. In cases not falling under sub-section (1) of Section 76,
a proceeding against any person shall be instituted in the Court within the
local limits of whose jurisdiction- (a) the
opposite parties or each of the opposite parties where there are more than one
at the time of commencement of the proceedings, actually and voluntarily
resides, or carries on business, or personally works for gain; or (b) any of the
opposite parties where there are more than one, at the time of the commencement
of the proceeding, actually and voluntarily resides, or carries on business, or
personally works for gain; provided that in such case either the leave of the
Court is given or the opposite parties who do not reside or carry on business,
or personally work for gain, as aforesaid, acquiescence in such institution; or (c) the cause
of action, wholly or in part, arose. (1) Every
application to the Court shall be brought within three years from the date on
which the cause of action arose, or as the case may be, the claim became due : Provided that the Court may entertain an application
after the said period of three years if it is satisfied that the applicant had
sufficient reasons for not making the application within the said period. (2) Subject as
aforesaid the provisions of Parts II and III of the Indian Limitation Act, 1908
(9 of 1908), shall so far as may be, apply to every such application. (1) Where on
receiving an application it appears to the Court that it should be presented to
another Court, it shall return it to the applicant after endorsing upon it the
dates of the presentation and return, the reason for returning it and the name
of the Court to which it should be presented. (2) Where it
appears to the Court at any stage subsequent to the presentation of an
application, that the application should have been presented to another Court
in the same State the first mentioned Court shall send the application to the
Court empowered to deal with it and shall inform the applicant (and the
opposite party, if he has received a copy of the application under Rule 19),
accordingly. (3) The Court
to which an application is transferred under sub- rule (2) may continue the
proceedings as if the previous proceedings or any part of it had been taken
before it, if it is satisfied that the interests of the parties will not
thereby be prejudiced. (1) On
receiving an application, the Court shall, ordinarily within three days
thereof, cause to be sent to the party from whom the applicant claims relief
(hereinafter referred to as the 'opposite party'), a summons in Form 4 or Form
5, as the case may be, to appear and answer the application on a day not later
than fifteen days from the date of issue of such summons : Provided that no such summons shall be issued when the
opposite party has appeared at the presentation of the application and admitted
the applicant's claim. (2) A copy of
the application shall also be sent along with the summons under sub-rule (1). (1) A summons
or notice may, on payment of the required fee, be sent by the Court, by which
it is issued, either by registered post or in such other manner as the Court
thinks fit. (2) Where the
Court is satisfied that there is reason to believe that the opposite party is
avoiding service or that for any reason the summons or the notice cannot be served
in the ordinary way, the Court shall order the summons and notices to be served
by affixing a copy thereof in some conspicuous place in the court-house, and
also upon some conspicuous part of the house in which the opposite party is
known to have last resided or carried on business or personally worked for gain
or in such other manner as the Court thinks fit and such service shall be as
effectual as if it had been made on the opposite party personally. (3) Where a
summons or notice is served under sub-rule (2), the Court shall fix such time
for the appearance of the opposite party as the circumstances of the case may
require. The Court shall determine at the time of issuing the
summons, whether it shall be for the settlement of the issue only and/or for
the final disposal of the application and the summons shall contain a direction
accordingly; the Court may also call upon the parties to produce upon that date
any evidence which they wish to tender. (1) The
opposite party may, and, if so required by the Court, shall, at or before the
first hearing or within such time as the Court may permit, present a written
statement of his defence along with the documents on which he relies and an accurate
list thereof in Form 2. (2) Every such
written statement shall be verified in the same manner as a pleading in a Civil
Court and shall be accompanied by two copies thereof. (3) In every
written statement submitted under sub-rule (1) the opposite party shall deal
specifically with each allocation of fact alleged by the applicant, of which he
admits or does not admit or denies the truth. The written statement must also
contain all matters which show that the application is not maintainable and all
such grounds of defence as if not raised, would be likely to take the applicant
by surprise or would raise issues of fact not arising out of the application as
for instance, fraud, undue influence or coercion, release payment, performance
or facts showing illegality of the transaction. Where any party from whom a written statement is
required, fails to present the same within the time prescribed by the Court,
the Court may pronounce judgement against it or make such order in relation to
the proceeding as it thinks fit. (1) At the
first hearing of the application, after the summons is served, the Court shall,
after considering the application and the written statement, if any, or after
such examination of the parties or any person or any document as may appear
necessary, ascertain upon what material proposition of fact or of law the
parties are at variance, and shall thereupon proceed to frame and record the
issues upon which the right decision appears to depend. (2) In
recording the issues, the Court shall distinguish between those issues which in
its opinion concern points of fact and those which concern point of law. (3) The Court
may, in the like manner, at any time before passing its final order add to,
strike out from or in any way amend the issue on such terms as it may think
fit. Where at any hearing of the case it appears that the
parties are not at issue on any question of law or of fact the Court may at
once pronounce its final order. (1) On the day
fixed in the summons for the opposite party to appear and answer, the parties
shall be in attendance at the Court in person or by their respective legal
practitioners or any other person authorised under Section 79 and the
application shall then be heard unless the hearing is adjourned by the Court. (2) When
neither party appears when the application is called on for hearing the Court
may make an order that the application be dismissed. (3) Where the
opposite party appears and the applicant does not appear when the application
is called on for hearing, the Court shall make an order that the application be
dismissed unless the opposite party admits the claim or part thereof in which
case the Court shall make an order against the opposite party upon such
admission and where part only of the claim has been admitted, it shall dismiss
the case so far as it relates to the remainder. (4) Where the
applicant appears and the opposite party after receiving the summons fails to
appear when the application is called on for hearing, the Court may proceed ex
parte. (5) Where the
application is wholly or partly dismissed under sub-rule (2), or (3), the
applicant may within thirty days of such dismissal apply in Form 6 for an order
to set the dismissal aside and the Court shall if it is satisfied that he was
prevented from appearing when the proceeding was called on for hearing due to
any sufficient cause, make an order setting aside the dismissal upon such terms
as to costs or otherwise as it thinks fit and may proceed with the case or
appoint a day for proceeding with the same : Provided that no order under this sub-rule shall be made
in respect of an application which is dismissed under sub-rule (3) unless
notice of the application has been served in Form 7 on the opposite party. (6) In any
application in which an ex parte order has been passed against the opposite
party, he may within thirty days from the date of such order apply in Form 6 to
the Court which passed the order, to set it aside and if the court is satisfied
that he was prevented from appearing when the proceeding was called on for
hearing due to any sufficient cause, it shall after serving notice thereof to
the applicant in Form 7 make an order setting aside the order upon such terms
as to costs or otherwise as it thinks fit and may proceed with the hearing of
the case or appoint a day for proceeding with the same. (1) At any
time after framing of the issues the Court may call upon the parties to produce
their evidence in support of the issues. (2) The Court
may, on the application of either party, issue a summons in Form 8 to any
witness directing him to attend or to produce any document. (3) The Court
may, before summoning any witness on application under sub-rule (2), require
that his reasonable expenses to be incurred in attending the Court, be
deposited with it. (1) The Court
may, if sufficient cause is shown, at any stage of the proceeding, grant time
to the parties or to any of them, and may from time to time, adjourn the
hearing of the application. (2) In every
Such adjournment the Court shall fix a day not exceeding fifteen days from the
date on which such adjournment is made for the further hearing of the
application and may make such order as it thinks fit with respect to the cost
occasioned by the adjournment: Provided that when the hearing of the evidence has once begun,
the hearing of the application shall be continued from day to day until all the
witnesses in attendance have been examined, unless the Court finds the
adjournment of the hearing beyond the following day to be necessary for reason
to be recorded. The applicant has the right to begin the proceeding
unless the opposite party admits the facts alleged by the applicant and
contends that either in point of law or on some additional facts alleged by the
opposite party, the applicant is not entitled to the relief which he seeks, in
which case the opposite party has the right to begin. (1) On the day
fixed for the hearing of the application or on any other day to which the hearing
is adjourned, the party having the right to begin shall state his case and
produce his evidence in support of the issues which he is bound to prove. (2) The other
party shall then state his case and produce his evidence (if any) and may then
address the Court generally on the whole case. (3) The party
beginning may then reply generally on the whole case. The evidence of each witness shall be taken down in
writing by the Judge or where there is more than one Judge, by the junior Judge
in the language of the Court, not ordinarily in the form of question and
answer, but that of a narrative, and when completed, shall be read over or
translated, where necessary, in the presence of such Judge to the witness, and
such Judge shall, if necessary, correct the same and sign it. The Court may at any stage of a proceeding recall any
witness who has been examined and may (subject to the law of evidence for the
time being in force) put such questions to him as the Court thinks fit. The Court may at any stage of a proceeding inspect any
property or thing concerning which question may arise. The Court, after the application has been heard, shall
pronounce his final order in open Court, either at once or on some future day,
of which due notice shall be given to the parties. The final order shall be dated and signed in open Court
at the time of pronouncing it and, when once signed, shall not afterwards be
altered or added to, save in the case of clerical or arithmetical mistake
arising from any accidental slip or omission. In cases in which issues have been framed, the Court
shall state its finding or decision, with the reasons therefor, upon each
separate issue, unless the finding upon any one or more of the issues is
sufficient for the decision of the case. Where it is proved to the satisfaction of the Court that
a case has been adjusted wholly or in part by any lawful agreement or
compromise or where the opposite party satisfied the applicant in respect of
the whole or any part of the subject-matter of the case, the Court shall order such
agreement, compromise or satisfaction to be recorded, and shall pass final
order in accordance therewith so far as it relates to the case. Save as provided in Section 82 the order of a Court shall
be final and binding upon the parties. Costs,
Decree, etc. (1) The costs
of and incidental to the application shall be in the discretion of the Court,
and the Court shall have full power to determine by whom or out of what
property and to what extent such costs are to be paid, and to give all
necessary directions for the purpose aforesaid. The fact that the Court has no
jurisdiction to try the case shall be no bar to the exercise of such powers. (2) Where the
Court directs that any cost shall not follow the event, the Court shall state
its reasons in writing. (1) A decree
in Form 9 shall be prepared in conformity with the order made by the Court; it
shall contain the number of the applications, the names and description of the
parties, and particulars of the claim, and shall specify clearly the relief
granted or other determination of the proceeding. (2) The decree
shall also state the amount of costs incurred in the proceeding and by whom and
in what proportions such costs are to be paid. (3) The Court
may direct that the costs payable to one party by the other shall be set off
against any sum which is admitted or found to be due from the former to the
latter. (1) Certified
copies of the final order, decree or any other order or matter on record shall
be furnished to the parties on application to the Court and at their expense. (2) If any
party requires copies of any order, decree or any other matter or record made
by or furnished to the Court, as the case may be, to be supplied to him within
forty-eight hours of the submission of an application therefor to the Court, he
shall pay an additional fee of two rupees for each such copy. (3) If any
party applies for copies of any order, decree or any other matter or record
made by or furnished to the Court, as the case may be, after the expiry of
twelve months from the date of such making or furnishing, as the case may be,
he shall pay an additional searching fee of two rupees. (1) Any person
in whose favour an order has been passed shall, within one year from the date
of the order apply in Form 10 to the Court, which made the order for its
execution. (2) On such
application being made, the Court shall send the same together with the necessary
record to a Civil Court of competent jurisdiction for its execution and such
Civil Court shall have the same power in executing such order as if it had been
passed by it. The Civil Court to which a decree is sent for execution
shall certify to the Court which passed it the fact of such execution of where
that Court fails to execute the same and the circumstances attending such
failure. CHAPTER III FEES AND
COSTS (1) The fees
payable on an application in respect of any matter referred to in Section 75
shall be two rupees. (2) Subject to
the provisions hereafter mentioned in this rule, the fee payable in respect of
any other application, except a written statement called for by the Court under
these rules hall be fifty naye paise: Provided that the fee for an application for obtaining a
copy or translation of any document or record or statement order, or decree
presented to or made before or by the Court, as the case may be, shall be
twenty-five naye paise only. (3) The fee
for copies of any document or record, or statement or order or decree shall be
such as may, from time to time be determined by the State Government after
consultation with the Central Government. (4) The fee
for any authorisation for the appearance of any person under Section 79 on
behalf of any of the parties in a case shall be one rupee. (5) The fee
for filing certified copies of any document in a Court shall be fifty naye
paise. (6) All fees
referred to in this rule and Rule 41 shall be collected by means of Court-fee
stamps used in ordinary Courts and no document which ought to bear stamp under
these rules shall be of any validity unless and until it is properly stamped : Provided that where any such document is through mistake,
inadvertently received, filed or used in a Court without being properly stamped
the Court may, if it thinks fit, order that such document be stamped as it may
direct and on such document being stamped accordingly the same and every
proceeding relative thereto shall be as valid as if it had been properly
stamped in the first instance. (7) No
document requiring a stamp under this rule shall be acted upon in any
proceeding in a Court until the stamp has been cancelled. (1) The cost
of service, of summons or notices or the expenses of the witnesses in any case
or the fee payable in respect of any matter not referred to in the preceding
rule shall be such amount as may be specified in each case by the Court; and
such amount or any other sum of money payable under these rules shall be paid
in such manner and within such time as it may specify therefor. (2) Any amount
which is left over after meeting the expenses, if any, for which it was
intended, shall be returned by the Court, to the party by whom or on whose
behalf the amount was originally paid into the Court. (3) The Court
shall maintain proper accounts of the amount received and disbursed under
sub-rule (1). The Court may, whenever it thinks fit, receive and
register proceedings instituted under the Act and applications made under these
rules, by persons who are paupers and may issue summons or notices on behalf of
such persons without payment or on a part payment of the fees and costs,
mentioned in Rules 44 and 45. CHAPTER IV MISCELLANEOUS In respect of matters relating to procedure of admission
of evidence for which no specific provision is made in these rules, the
provisions of the Code of Civil Procedure, 1908 (5 of 1908) including the rules
made thereunder and the Indian Evidence Act, 1872 (1 of 1872) shall, so far as
may be, apply to proceedings under the Act.ASSAM EMPLOYEES' INSURANCE COURTS RULES, 1959