Q-6: Explain social security court in detail
Ans: SOCIAL SECURITY COURT
Constitution of S.S court [Sec. 60]
Government may constituteSocial Security Courtfor any specified social security area. The Government who has held a judicial office for a period of at least 3 years prior to his appointment, or has been an advocate or pleader of High Court for periods aggregating not less than 7 years shall appoint the judge of the Social Security Court.
A Social Security Court treated to be a civil court within the meaning of Section 395 of LP.C 1598 and as such it has the following powers:
1. All the powers of a civil court
2. Summon and enforce attendance of witnesses
3. Compel the discovery and production of documents and material objects
4. Administer oath and record evidence
5. Examine witnesses and take evidence
6. Make order with regard to costs.
It is open to the Government to transfer any appeal from one Social Security Court to another if it appears to it, to be in the interest of justice. When an appeal is transferred, the court to which it has been transferred shall regard such appeal as if it was originally filed before it.
OFFENCES & PENALTIES
(a) If any person for the purpose of obtaining a benefit, or denial of any payment or benefits undex; this Act, whether for himself or some other person, or for the purpose of avoiding any payment to be made by himself or any other person under this Act knowingly makes or causes to be made false statement or false representation; or
(b) If he produces or furnishers, or causes or knowingly allows to be produced or furnished any document or information which he knows to be false in any material particularly; or
(c) If he fails to pay any contribution which under this Act he is liable to pay; or
(d) If he recovers or attempts to recover from an insured person, or deducts or attempts to deduct from his wages, the whole or any part of the contribution; or
(e) If he fails or’refuse to submit any return required by this Act or regulation or makes a false return; or
(f) If he obstructs any official of the institution in the discharge of his duties; or
(g) If he is guilty of any contravention of, or non-compliance with, any of the provisions of this Act or the rules or the regulations.
(h) In all the above cases, he shall be punished with imprisonment for a term, which may extend to 2 years, or with fine, which may extend to Rs. 10,000/=.
Section 38 of the Act deals with the Prosecution matters. According to this Section, no prosecution under this Act shall be instituted except with the previous sanction of the Federal Government or any officer or authority authorized in this behalf by it. No court inferior to that of a Magistrate of the first class shall try any offence under this Act. Also no court shall take cognizance of any offence under this Act except on a complaint made in writing within 6 months of the date on which the offence comes to the knowledge of the Federal Government or an officer or invalidity referred to in subsection above.
Self-assessment scheme and its benefits Next Post:
Objectives, application and scope of payment of wages act 1936