Section 77:
Commencement of proceedings.
(1) The proceedings before an Employees' Insurance Court
shall be commenced by application.
1[(1A) Every such application shall be made within a period of three years from the date on which the
cause of action arose.
Explanation.--For the purpose of this sub-section,--
(a) the cause of action in respect of a claim for benefit shall not be deemed to arise unless the
insured person or in the case of dependants' benefit, the dependants of the insured person claims or
claim that benefit in accordance with the regulations made in that behalf within a period of twelve
months after the claim became due or within such further period as the Employees Insurance Court
may allow on grounds which appear to it to be reasonable];
2[(b) the cause of action in respect of a claim by the Corporation for recovering contributions
(including interest and damages) from the principal employer shall be deemed to have arisen on the
date on which such claim is made by the Corporation for the first time:
Provided that no claim shall be made by the Corporation after five years of the period to
which the claim relates;
(c) the cause of action in respect of a claim by the principal employer for recovering contributions
from an immediate employer shall not be deemed to arise till the date by which the evidence of
contributions having been paid is due to be received by the Corporation under the regulations.]
(2) Every such application shall be in such form and shall contain such particulars and shall be
accompanied by such fee, if any, as may be prescribed by rules made by the State Government in
consultation with the Corporation.
Notes:
1. Ins. by s. 33, ibid. (w.e.f. 28-1-1968).
2. Subs. by Act 29 of 1989, s. 30, for clause (b) (w.e.f. 20-10-1989).