Power of the State Government to make rules

Section 32 of the Employee’s Compensation Act, 1923 deals with power of the State Government to make rules. (/) The "[State Government] may make rules7 to carry out the purposes of this Act.

(/) The "[State Government] may make rules7 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; 1. Ins. by Act 8 of 1959, s. 15 (w.e.f.1-6-1959). 2. Subs. by Act 11 of 2017, s. 4, for "three hundred rupees" (w.e.f.15-5-2017). 3. Ins. by Act 15 of 1933, s. 17. 4. Subs. by Act 30 of 1995, s. 13, for certain words (w.e.f.15-9-1995). 5. In the application of the Act to Bengal, a new s. 31A has been ins. here by the Bengal Touts Act, 1942 (Ben. 5 of 1942), s. 12. 6. Subs. by the A. O. 1937, for "G. G. in C", 7. For the Workmen's Compensation Rules, 1924, see Gazette of India, 1924, Pt. I, p 586.

(b) for prescribing the intervals at which and the conditions subject to, which a "[employee] 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 "[employee] 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;2 (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;3 *** * * 2* * * 2[(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; (I) 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; 4 *** (n) for prescribing the cases in which the report referred to in section 10B may be sent to an authority other than the Commissioner;] 5[(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].

Section 32, The Employee’s Compensation Act, 1923 (Act 8 of 1923).