Section 86

Prosecutions.

The Employees State Insurance Act, 1948

  • Act 34 of 1948
  • Ministry of Labour and Employment
About this Act

An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto.

All sections
    (1) No prosecution under this Act shall be instituted except by or with the previous sanction of the Insurance Commissioner 1[or of such other officer of the Corporation as may be authorised in this behalf by the 2[Director General of the Corporation]].
     3[(2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try any offence under this Act.]
     (3) No Court shall take cognizance of any offence under this Act except on a complaint made in writing in respect thereof 4***

Notes

1. Added by Act 53 of 1951, s. 22 (w.e.f. 6-10-1951).
2. Subs. by Act 44 of 1966, s. 35, for "Central Government" (w.e.f. 17-6-1967).
3. Subs. by Act 29 of 1989, s. 37, for sub-section (2) (w.e.f. 20-10-1989).
4. Certain words omitted by s. 37, ibid. (w.e.f. 20-10-1989).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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