Employees State Insurance Act, 1948, s. 96(1) (b)-Power to prescribe by rules "the procedure to be followed in proceedings before the court-If includes power to prescribe period of limitation for claims under s. 75.

Limitation, Statutes of--Nature.

In exercise of the power conferred by s. 96(1) (b) of the Employees' State Insurance Act, 1948, to "Prescribe by rule the procedure to be followed in proceedings" before the Insurance Court, the State Government made r. 17 prescribing a period of limitation of twelve months for every application to the Court. The Employees' State Insurance Corporation filed an application before the Court claiming payment of the contribution due from the appellant. The appellant took the plea that the application was barred as it was not presented within the period prescribed. The High Court, on a reference, held that s. 96(1)(b) did not grant power to Government to make a rule prescribing a period of limitation on claims enumerated in s. 75(2) and, therefore, r. 17 was ultra vires the rule making power under s. 96(1). On the question whether the power to prescribe a period of limitation for initiating proceedings before the court is a part of, and is included in, the power to prescribe "the procedure to be followed in proceedings" before such courts.