Schedule III




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18A.  Penalties

(1) Whoever -



(a) fails to maintain a notice-book which he is required to maintain under sub-Section (3) of Section 10 or
(b) fails to send to the Commissioner a statement which he is required to send under sub-Section (1) of Section 10A or
(c) fails to send a report which he is required to send under Section 10B or
(d) fails to make a return which he is required to make under Section 16 shall be punishable with fine which may extend to five thousand rupees.
(2) No prosecution under this Section shall be instituted except by or with the previous sanction of a Commissioner and no Court shall take cognizance of any offence under this Section unless complaint thereof is made within six months of the date on which the alleged commission of the offence came to the knowledge of the Commissioner.


III. COMMISSIONERS




19.  Reference of Commissioners
(1) If any question arises in any proceedings under this Act as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not a workman) or as to the amount of duration of compensation (including any question as to the nature or extent of disablement) the question shall in default of agreement be settled by a Commissioner.
(2) No Civil Court shall have jurisdiction to settle decided or deal with any question which is by or under this Act required to be settled decided or dealt with by a Commissioner or to enforce any liability incurred under this Act.
20.  Appointment of Commissioners
(1) The State Government may by notification in the Official Gazette appoint any person to be a Commissioner for Workmen's Compensation for such area as may be specified in the notification.
(2) Where more than one Commissioner has been appointed for any area the State Government may by general or special order regulate the distribution of business between them.
(3) Any Commissioner may for the purpose of deciding any matter referred to him for decision under this Act choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry.
(4) Every Commissioner shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

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 matters under this Act the former may for the proper disposal of the matter call for transfer of any records or moneys remaining with the latter and on receipt of such a request he shall comply with the same.


(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 in 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 made 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 disposal continue the proceedings as if they had originally commenced before him.
(4) On receipt of 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.
(4) 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 of 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
(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.


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