Chapter I Chapter I

(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.

In these rules, unless the context requires, otherwise — (a) "Act" means the Employees' State Insurance Act, 1948 (XXXIV 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 section of the Act; (e) "Government" means the Government of Goa, Daman and Diu; (f) "Union territory" means the Union territory of Goa, Daman and Diu; (g) All other words and expressions used herein and not defined shall have the meanings respectively assigned to them by the Act.

(1) Every member, of a District Vigilance Committee, nominated under clauses (b), (c), (d) and (e) of sub-section (2) of section 13 shall hold office for a period of one year from date on which his nomination is notified in the Official Gazette and shall, on the expiry of the said period, continue to hold office until his successor is nominated and shall also be eligible for re-nomination. (2) Every member referred to in sub-rule (1) — (a) may, by giving notice in writing to the authority, which nominated him, resign his office and, on such resignation being accepted, shall be deemed to have vacated his office; (b) shall be deemed to have vacated his office — (i) if he fails to attend three consecutive meetings of the District Vigilance Committee without obtaining leave of the Chairman of such absence: Provided that the authority, which nominated him may, if it is satisfied that such member was prevented by sufficient cause from attending the three consecutive meetings of the Committee, restore him to membership; (ii) if he becomes subject to any of the following disqualifications, namely: — (1) is adjudged insolvent; (2) is declared to be of unsound mind by a competent court; (3) is convicted of an offence which, in the opinion of the authority, which nominated him, involves moral turpitude; (c) may be removed from office, if the authority, which nominated such members, is of the opinion that such member has ceased to represent the interest to represent which he was nominated: Provided that a member shall not be removed from office under this Clause unless a reasonable opportunity is given to him for showing cause against such removal. (3) A member, nominated to fill a casual vacancy shall hold office for the unexpired portion of the term of his predecessor.

(1) Every member, of a Sub-Divisional Vigilance Committee, nominated under clauses (b), (c), (d) and (e) of sub-section (3) of section 13 shall hold office for a period of one year from the date on which his nomination is notified in the Official Gazette and shall, on the expiry of the said period, continue to hold office until his successor is nominated and shall also be eligible for re-nomination. (2) Every member referred to in sub-rule (1) — (a) may, by giving notice in writing to the authority, which nominated him, resign his office and, on such resignation being accepted, shall be deemed to have vacated his office; (b) shall be deemed to have vacated his office — (i) if he fails to attend three consecutive meetings of the Sub-Divisional Vigilance Committee without obtaining leave of the Chairman of such Committee for such absence: Provided that the authority which nominated him may, if it is satisfied that such member was prevented by sufficient cause from attending the three consecutive meetings of the Committee restore him to membership; (ii) if he becomes subject to any of the following disqualifications, namely: — (1) is adjudged insolvent; (2) is declared to be of unsound mind by a competent court; (3) is convicted of an offence which, in the opinion of the authority, which nominated him, involves moral turpitude; (c) may be removed from office, if the authority, which nominated such member, is of the opinion that such member has ceased to represent the interest to represent which he was nominated: Provided that a member shall not be removed from office under this clause unless a reasonable opportunity is given to him for showing cause against such removal. (3) A member nominated to fill a casual vacancy shall hold office for the unexpired portion of the term of his predecessor.

An application under sub-section (6) of section 6 for restoration of possession of any property referred to in sub-section (4) or sub-section (5) of that section shall be made to the Executive Magistrate, on whom the powers of a Judicial Magistrate of the first class or of the second class have been conferred under sub-section (1) of section 21, and within the local limits of whose jurisdiction the said property is, or the applicant has reason to believe is, situated at the time of making the application: Provided that where there are two Executive Magistrates, on one of whom the powers of a Judicial Magistrate of the first class and on the other the powers of a Judicial Magistrate of the second class have been conferred under sub-section (1), of section 21 having jurisdiction to entertain the application for restoration of possession of property referred to in sub-rule (1), the application shall be made to the Executive Magistrate on whom the powers of a Judicial Magistrate of the second class have been conferred.

(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.

In order to ensure the implementation of the Act and the Rules, every District Vigilance Committee shall maintain the following registers in respect of freed bonded labour within the local limits of its jurisdiction, namely: — (a) a register containing the names and addresses of freed bonded labour; (b) a register containing statistics relating to the vocation, occupation and income of every freed bonded labour; (c) a register containing details of the benefits which the freed bonded labour are receiving, including benefits in the form of land, inputs for agriculture, training in handicrafts and allied occupations, loans at differential rates of interest or employment in urban or non-urban areas; (d) a register containing details of cases under sub-section (6) of section 6, sub-section (2) of section 8, sub-section (2) of section 9, section 16, 17, 18, 19 and 20.

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.

(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. (3) A Judge shall receive dearness allowance, compensatory (city) allowance, house-rent and other allowances, at such rates and subject to such conditions as are applicable to officers of the 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 Government servants of 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 Government such Judge belongs. (5) A Judge shall be subject to such other conditions of service, as the Government may in consultation with the Corporation and 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 in consultation with the Corporation and Central Government, by a general or special order, from time to time, determine. (7) Where the Government has appointed any such Officer referred to in Rule 4, as a Presiding Officer of the Court, he may be paid such additional allowance as the Government may, after consultation with the Central Government and the Corporation, determine.

(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.

A Court shall be subject to the Administrative control and superintendence of the Judicial Commissioner's Court/High Court, and shall — (a) keep such registers, books and accounts as the Judicial Commissioner's Court/High Court may, from time to time, prescribe; and (b) comply with such requisitions as may be made by the Judicial Commissioner's 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.