The Goa, Daman and Diu Employee's Insurance Court Rules, 1976

Series I No. 31

28th October, 1976

Rules for the Employee's Insurance Court in the Union Territory of Goa, Daman and Diu.

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S.Chapter I Preliminary

S.1 Short title, extent and commencement

(1) These Rules may be called the Goa, Daman and Diu Employee's Insurance Court Rules, 1976.

(2) They extend to the whole of the Union territory of Goa, Daman and Diu.

(3) They shall come into force with immediate effect.

S.Chapter II Constitution of Courts

S.4 Presiding Officer of the Court

The Government may appoint the Presiding Officer of any Industrial Tribunal or any Labour Court or any Civil or Criminal Court as the Presiding Officer of the Court and such Officer shall thereupon discharge the functions of the Court in addition to his own duties.

S.5 Distribution of business where there are more Courts than one

Where more than one Court is constituted for the same local area, the Government may, after consultation with the Corporation by a general or special order, distribute business among them.

S.6 Fixing of time of sitting, etc., where there is one Court for two or more local areas

(1) Where one Court is constituted for two or more local areas, the Court shall, subject to the approval of the 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 manner as the Government may, from time to time, direct.

S.7 Procedure where there are more Judges than one

(1) Where more than one Judge has been appointed to a Court, the 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 prevail unless the Government otherwise directs prevail.

S.8 Abolition, etc., of a Court

The 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.

S.9 Appointment, salaries, allowances etc.

(1) The Government may appoint a person qualified under section 74 of the Act to be a Judge of a Court.

(2) A Judge shall receive such salary and allowances as the Government may in consultation with the Corporation and Central Government, from time to time, determine.

S.10 Appointment of other officers and subordinate staff

(1) The 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 Government, from time to time, direct.

(3) The ministerial officers, and 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 Government after consultation with the Central Government and the Corporation.

S.11 Administrative control of the High Court

A Court shall be subject to the Administrative control and superintendence of the Judicial Commissioners Court/High Court, and shall

(a) keep such registers, books and accounts as the Judicial Commissioners Court/High Court may, from time to time, prescribe; and

(b) comply with such requisitions as may be made by the Judicial Commissioners Court/High Court or the Government for submission of service records, returns and statements, in such forms and in such manner as the authority making the requisition directs.

S.12 Seal

A Court shall keep a seal of such size, dimensions and design as the Government may direct.

S.Chapter III Procedure and Execution of Orders

S.13 Application

(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 I 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 fathers name, description including age, occupation and place of residence of the applicant;
• (iii) the full name including the fathers 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

S.2 Substitution of new article for article 297

For article 297 of the Constitution, the following article shall be substituted, namely: —

"297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union. — (1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union.

(2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union.

(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.".

S.3 Amendment of the Ninth Schedule

In the Ninth Schedule to the Constitution, after entry 124 and before the Explanation, the following entries shall be inserted, namely: —

"125. Section 66A and Chapter IVA of the Motor Vehicles Act, 1939 (Central Act 4 of 1939).

126. The Essential Commodities Act, 1955 (Central Act 10 of 1955).

127. The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (Central Act 13 of 1976).

128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976).

129. The Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976 (Central Act 20 of 1976).

130. The Prevention of Publication of Objectionable Matter Act, 1976 (Central Act 27 of 1976).

131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of 1976).

132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 31 of 1976).

133. The Departmentalisation of Union Accounts (Transfer of