The Workmen’s Compensation Act, 1923

21. VENUE OF PROCEEDINGS AND TRANSFER
(1) Where any matter under this Act is to be done by or before a Commissioner, the same
shall, subject to the provisions of this Act and to any rules made hereunder, be done by or
before the Commissioner for the area in which -
(a) The accident took place which resulted in the injury; or
(b) The workman or in case of his death, the dependant claiming the compensation
ordinarily resides; or
(c) The employer has his registered office Provided that no matter shall be processed
before or by a Commissioner, other than the Commissioner having jurisdiction over
the area in which the accident took place, without his giving notice in the manner
prescribed by the Central Government to the Commissioner having jurisdiction over
the area and the State Government concerned :
Provided further that, where the workman, being the master of a ship or a seaman or
the captain or a member of the crew of an aircraft or a workman in a motor vehicle or
a company, meets with the accident outside India any such matter may be done by or
before a Commissioner for the area in which the owner or agent of the ship, aircraft or
motor vehicle resides or carries on business or the registered office of the company is
situate, as the case may be.
(1A)If a Commissioner, other than the Commissioner with whom any money has been deposited
under section 8, proceeds with a matter under this Act, the former may for the proper
disposal of the matter call for transfer of any records or money remaining with the latter
and on receipt of such a request, he shall comply with the same.
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(2) If a Commissioner is satisfied that any matter arising out of any proceedings pending
before him can be more conveniently dealt with by any other Commissioner, whether in
the same State or not, he may, subject to rules made under this Act, order such matter to be
transferred to such other Commissioner either for report or for disposal, and, if he does so,
shall forthwith transmit to such other Commissioner all documents relevant for the decision
of such matter and, where the matter is transferred for disposal, shall also transmit in the
prescribed manner any money remaining in his hands or invested by him for the benefit
of any party to the proceedings :
Provided that the Commissioner shall not, where any party to the proceedings has appeared
before him, make any order of transfer relating to the distribution among dependants of a
lump sum without giving such party an opportunity of being heard.
(3) The Commissioner to whom any matter is so transferred shall, subject to rules made under
this Act, inquire there into and, if the matter was transferred for report, return his report
thereon or, if the matter was transferred for disposal, continue the proceedings as if they
had originally commenced before him.
(4) On receipt of a report from a Commissioner to whom any matter has been transferred for
report under sub-section (2), the Commissioner by whom it was referred shall decide the
matter referred in conformity with such report.
(5) The State Government may transfer any matter from any Commissioner appointed by it
to any other Commissioner appointed by it.
22. FORM OF APPLICATION
(1) Where an accident occurs in respect of which liability to pay compensation under this Act
arises, a claim for such compensation may, subject to the provisions of this Act, be made
before the Commissioner.
(1A)Subject to the provisions of sub-section (1), no application for the settlement of
any matter by a Commissioner, other than an application by a dependant or
dependants for compensation shall be made unless and until some question has arisen
between the parties in connection therewith which they have been unable to settle by
agreement.
(2) An application to a Commissioner may be made in such form and shall be accompanied
by such fee, if any, as may be prescribed, and shall contain, in addition to any particulars
which may be prescribed, the following particulars, namely :—
(a) a concise statement of the circumstances in which the application is made and the
relief or order which the applicant claims;
(b) in the case of a claim for compensation against an employer, the date of service of
notice of the accident on the employer and, if such notice has not been served or has
not been served in due time, the reason for such omission;
(c) the names and addresses of the parties; and
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(d) except in the case of an application by dependants for compensation a concise statement
of the matters on which agreement has and of those on which agreement has not been
come to.
(3) If the applicant is illiterate or for any other reason is unable to furnish the required
information in writing; the application shall, if the applicant so desires, be prepared under
the direction of the Commissioner.
22A. POWER OF COMMISSIONER TO REQUIRE FURTHER DEPOSIT IN CASES OF
FATAL ACCIDENT
(1) Where any sum has been deposited by an employer as compensation payable in respect of
a workman whose injury has resulted in death, and in the opinion of the Commissioner
such sum is insufficient, the Commissioner may, by notice in writing stating his reasons,
call upon the employer to show cause why he should not make a further deposit within
such time as may be stated in the notice.
(2) If the employer fails to show cause to the satisfaction of the Commissioner, the
Commissioner may make an award determining the total amount payable, and requiring
the employer, to deposit the deficiency.
23. POWERS AND PROCEDURE OF COMMISSIONERS
The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure,
1908 (5 of 1908) for the purpose of taking evidence on oath (which such Commissioner is hereby
empowered to impose) and of enforcing the attendance of witnesses and compelling the
production of documents and material objects and the Commissioner shall be deemed to be a
Civil Court for all the purposes of section 195 and of Chapter XXVI of the Code of Criminal
Procedure, 1973 (2 of 1974).
24. APPEARANCE OF PARTIES
Any appearance, application or act, required to be made or done by any person before or to a
Commissioner (other than an appearance of a party which is required for the purpose of his
examination as a witness) may be made or done on behalf of such person by a legal practitioner
or by an official of an Insurance Company or registered trade union or by an Inspector appointed
under sub-section (1) of section 8 of the Factories Act, 1948 (63 of 1948), or under sub-section (1)
of section 5 of the Mines Act, 1952, (35 of 1952), or by any other officer specified by the State
Government in this behalf, authorised in writing by such person, or, with the permission of the
Commissioner, by any other person so authorised.
25. METHOD OF RECORDING EVIDENCE
The Commissioner shall make a brief memorandum of the substance of the evidence of every
witness as the examination of the witness proceeds, and such memorandum shall be written
and signed by the Commissioner with his own hand and shall form part of the record :
Provided that, if the Commissioner is prevented from making such memorandum, he shall
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record the reason of his inability to do so and shall cause such memorandum to be made in
writing from his dictation and shall sign the same, and such memorandum shall form a part of
the record : Provided further that the evidence of any medical witness shall be taken down as
nearby as may be word for word.
26. COSTS
All costs, incidental to any proceedings before a Commissioner, shall, subject to rules made
under this Act, be in the discretion of the Commissioner.
27. POWER TO SUBMIT CASES
A Commissioner may, if he thinks fit, submit any question of law for the decision of the High
Court and, if he does so, shall decide the question in conformity with such decision.
28. REGISTRATION OF AGREEMENTS
(1) Where the amount of any lump sum payable as compensation has been settled by
agreement, whether by way of redemption of a half-monthly payment or otherwise, or
where any compensation has been so settled as being payable to a woman or a person
under a legal disability a memorandum thereof shall be sent by the employer to the
Commissioner, who shall, on being satisfied as to its genuineness, record the memorandum
in a register in the prescribed manner :
Provided that—
(a) No such memorandum shall be recorded before seven days after communication by the
Commissioner of notice to the parties concerned;
(b) Omitted;
(c) The Commissioner may at any time rectify the register;
(d) Where it appears to the Commissioner that an agreement as to the payment of a lump sum
whether by way of redemption of a half-monthly payment or otherwise, or an agreement
as to the amount of compensation payable to a woman or a person under a legal disability
ought not to be registered by reason of the inadequacy of the sum or amount, or by reason
of the agreement having been obtained by fraud or undue influence or other improper
means, he may refuse to record the memorandum of the agreement and may make such
order including an order as to any sum already paid under the agreement, as he thinks
just in the circumstances.
(2) An agreement for the payment of compensation which has been registered under
sub-section (1) shall be enforceable tinder this Act notwithstanding anything contained in
the Indian Contract Act, 1872 (9 of 1872), or in any other law for the time being in force.
29. EFFECT OF FAILURE TO REGISTER AGREEMENT
Where a memorandum of any agreement, the registration of which is required by section 28, is
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not sent to the Commissioner as required by that section, the employer shall be liable to pay
the full amount of compensation which he is liable to pay under the provisions of this Act, and
notwithstanding anything contained in the proviso to sub-section (1) of, section 4, shall not,
unless the Commissioner otherwise directs, be entitled to deduct more than half of any amount
paid to the workmen by way of compensation whether under the agreement or otherwise.
30. APPEALS
(1) An appeal shall lie to the High Court from the following orders of a Commissioner,
namely:—
(a) An order awarding as compensation a lump sum whether by way of redemption of a
half-monthly payment or otherwise or disallowing a claim in full or in part for a lump
sum;
(aa) An order awarding interest or penalty under section 4A;
(b) An order refusing to allow redemption of a half-monthly payment;
(c) An order providing for the distribution of compensation among the dependants of a
deceased workman, or disallowing any claim of a person alleging himself to be such
dependant;
(d) An order allowing or disallowing any claim for the amount of an indemnity under the
provisions of sub-section (2) of section 12; or
(e) An order refusing to register a memorandum of agreement or registering the same or
providing for the registration of the same subject to conditions :
Provided that no appeal shall lie against any order unless a substantial question of
law is involved in the appeal and, in the case of an order other than an order such as
is referred to in clause (b) unless the amount in dispute in the appeal is not less than
three hundred rupees :
Provided further that no appeal shall lie in any case in which the parties have agreed
to abide by the decision of the Commissioner, or in which the order of the
Commissioner gives effect to an agreement come to by the parties.
Provided further that no appeal by an employer under clause (a) shall lie unless the
memorandum of appeal is accompanied by a certificate by the Commissioner to the
effect that the appellant has deposited with him the amount payable under the order
appealed against.
(2) The period of limitation for an appeal under this section shall be sixty days.
(3) The provision of section 5 of the Limitation Act, 1963 (36 of 1963) shall be applicable to
appeals under, this section.
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30A. WITHHOLDING OF CERTAIN PAYMENTS PENDING DECISION OF APPEAL
Where an employer makes an appeal under clause (a) of sub-section (1) of section 30, the
Commissioner may, and if so directed by the High Court shall, pending the decision of the
appeal withhold payment of any sum in deposit with him.
31. RECOVERY
The Commissioner may recover as an arrear of land revenue any amount payable by any person
under this Act, whether under an agreement for the payment of compensation or otherwise,
and the Commissioner shall be deemed to be a public officer within the meaning of section 5 of
the Revenue Recovery Act, 1890 (1 of 1890).
32. POWER OF THE STATE GOVERNMENT TO MAKE RULES
(1) The State Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:-
(a) For prescribing the intervals at which and the conditions subject to which an application
for review may be made under section 6 when not accompanied by a medical certificate;
(b) For prescribing the intervals at which and the conditions subject to which a workman
may be required to submit himself for medical examination under sub-section (1) of
section 11;
(c) For prescribing the procedure to be followed by Commissioners in the disposal of
cases under this Act and by the parties in such cases;
(d) For regulating the transfer of matters and cases from one Commissioner to another
and the transfer of money in such cases;
(e) For prescribing the manner in which money in the hands of a Commissioner may be
invested for the benefit of dependants of a deceased workman and for the transfer of
money so invested from one Commissioner to another;
(f) For the representation in proceedings before Commissioners of parties who are minors
or are unable to make an appearance;
(g) For prescribing the form and manner in which memoranda of agreements shall be
presented and registered;
(h) For the withholding by Commissioners, whether in whole or in part of half-monthly
payments pending decision on applications for review of the same;
(i) For regulating the scales of costs which may be allowed in proceedings under this
Act;
(j) For prescribing and determining the amount of the fees payable in respect of any
proceedings before a Commissioner under this Act;
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(k) For the maintenance by Commissioners of registers and records of proceedings before
them;
(l) For prescribing the classes of employers who shall maintain notice-books under subsection
(3) of section 10, and the form of such notice-books;
(m) For prescribing the form of statement to be submitted by employers under section
10A;
(n) For prescribing the cases in which the report referred to in section 10B may be sent to
an authority other than the Commissioner;
(o) For prescribing abstracts of this Act and requiring the employers to display notices
containing such abstracts;
(p) For prescribing the manner in which diseases specified as occupational diseases may
be diagnosed;
(q) For prescribing the manner in which diseases may be certified for any of the purposes
of this Act;
(r) for prescribing the manner in which, and the standards by which, incapacity may be
assessed.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before
the State Legislature.
34. PUBLICATION OF RULES
(1) The power to make rules conferred by section 32 shall be subject to the condition of the
rules being made after previous publication.
(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses
Act, 1897 (10 of 1897), as that after which a draft of rules proposed to be made under
section 32 will be taken into consideration, shall not be less than three months from the
date on which the draft of the proposed rules was published for general information.
(3) Rules so made shall be published in the Official Gazette and, on such publication, shall
have effect as if enacted in this Act.
35. RULES TO GIVE EFFECT TO ARRANGEMENTS WITH OTHER COUNTRIES FOR
THE TRANSFER OF MONEY PAID AS COMPENSATION
(1) The Central Government may, by notification in the Official Gazette, make rules for the
transfer to any foreign country of money deposited with a Commissioner under this Act
which has been awarded to or may be due to, any person residing or about to reside in
Such foreign country and for the receipt, distribution and administration in any State of
any money deposited under the law relating to workmen’s compensation. in any foreign
country, which has been awarded to, or may be due to any person residing or about to
reside in any State.:
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Provided that no sum deposited under this Act in respect of fatal accidents shall be so
transferred without the consent of the employer concerned until the Commissioner
receiving the sum has passed orders determining its distribution and apportionment under
the provisions of sub-sections (4) and (5) of section 8.
(2) Where money deposited with a Commissioner has been so transferred in accordance with
the rules made under this section, the provisions elsewhere contained in this Act regarding
distribution by the Commissioner of compensation deposited with him shall cease to apply
in respect of any such money.
36. RULES MADE BY CENTRAL GOVERNMENT TO BE LAID BEFORE PARLIAMENT
Every rule made under this Act by the Central Government shall be laid as soon as may be
after it is made before each House of Parliament while it is in session for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so however that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule.