Report No. 62

3.17. A verbal point concerning section 51A.-

Before adopting section 51A of the Employees' State Insurance Act however, a verbal point should be considered. The words "in the absence of evidence to the contrary", which occur in that section should, while adopting that section, be replaced by the words "until the contrary is proved". The latter formula is more in consonance with Indian legislative practice. In fact the words "shall presume" indicate a rebuttable presumption and no express provision allowing proof to the contrary is needed. However it is desirable to have these words in order to avoid ambiguity.