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EI Court |
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Employees' Insurance Courts |
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The State Government shall, by notification in the Official Gazette, constitute an EI Court for local areas under Section 74 of the Act. Any person who is or has been a judicial officer or is a legal practitioner of five years' standing shall be qualified to be a judge of the EI Court. Under Section 54A of the Act, the EI Court decides appeal against the decision of Medical Board/Medical Appeal Tribunal under Section 54A(2). |
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(b) The IP or the Corporation can file an Appeal under Section 54A of the Act and Rule 20B of ESI (Central) Rules, 1950 to the Employees' Insurance Court by presenting an application within three months of the date of communication of the decision of the Medical Board/Special Board or of the Medical Appeal Tribunal to the IP or the Corporation as the case may be. |
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The EI Court may entertain application after period of three months, if it is satisfied that the applicant had sufficient reasons for not presenting the application within the said period. |
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The Rules made by the State government in respect of form and manner to be followed in presenting application to EI Court shall be applicable to the applications presented for the above purpose. |
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An appeal against the decision of an EI Court shall lie to the High Court, if a substantial question of interpretation of law is involved under Section 82 of the Act and period of limitation for an appeal shall be sixty days. |
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Medical Appeal Tribunals |
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The State Government
constitute Medical Appeal Tribunal for
the purpose of Section 54 A of ESI Act and Rule 20 A of ESIC (Central) Rules 1950 and regulation 76 of the ESI (General) regulations, 1950. |
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The Medical Appeal Tribunal shall consist of a Judicial
officer of the State Government of status not higher than judge of the El Court. He shall be assisted by one or more senior state medical service experts drawn from the panel from the respective branch of medicine to which the case relates and the official(s) nominated by the State Government of recognised trade unions for this purpose. |
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Procedure of Medical Appeal Tribunal |
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An IP or Corporation, whosoever, is dissatisfied with the decision of the Medical Board may appeal to the Medical Appeal Tribunal on Form B.I.5
within 3 months of being informed of decision. The Tribunal may entertain an application after the period of three months, if it is satisfied that the Appellant had sufficient reasons for not presenting the application with the prescribed time. |
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The Tribunal may confirm, reverse, or vary the decision of the Medical Board in whole or in part. |
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