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 a 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 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 part of the record:
Provided further that the evidence of any medical witness shall be take down as nearly as may be word for word.
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 of 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;
[Clause (j) omitted by Act 5 of 1929.]
(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 under 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 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 workman by way of compensation whether under the agreement or otherwise.
(1) An appeal shall lie to the High Court from the following orders of a Commissioner namely: -
(a) an order as 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;
(a) 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 provisions of Section 5 of the Limitation Act 1963 (36 of 1963) shall be applicable to appeals under this Section.
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.
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 purpose 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 subjects 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 memorandum 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 application 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;
(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 sub-Section (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 occupation 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.