Rule, 1926

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

THE WORKMEN'S COMPENSATION RULES, 1924

1924 In exercise of the powers Notlfi No. L-1182, dated 26th J~n~om en~~ion Act, 1923 (8 of 1923). conferred by Section 32 of lhe Workmen Pak the followtng rules.-the Governor-General tn Council 1s pleased lo m e

PRELIMINARY

. Short title,-These rules may be called the Workmen's Compensation Rules, 1924.

2. Definitions.-Jn these rules. unless there is anything repugnant in the subject or context,- {aJ the "Act· means the Workmen's Compensation Act, 1923:

{b) "Fonn· means a form appended to these rules:

{c) ·section" means a section of the Act.

PARTJ

REVIEW OF HAUl'-MONTHLY PAYMENTS AND COMMUTATION THEREOF

3. When application may be made without medical certificate.­ Application for review of a half-monthly payment under Section 6 may be made Without being accompanied by a medical certlficate.- {aJ by the employer, on the ground that since the rtgbt to compensation was determined the workmen's wages have increased:

{b) by the workman, on the ground that since the right to compensation was detemuncd his wages have diminished:

{c) by the workman. on the ground that the employer, having commenced to pay compensation, has ceased to pay the same, notwtthstandlng the fact that there has been no change in the workmen's condition such as to warrant such cessation: {d) either by the employer or by the workman, on the ground that In the detenrunation of the rate of compensation for the time being in force was obtained by fraud or "undue tnfluence or other improper means: {e) either by the employer or by the workman, on the ground tha t in the detenntnation of compensauon there is a mistake or error apparent on the face of the record.

4. Procedure on •Pi>&ation for revtew.-If. on examtntng an application for revtew by an employer In which the reduction of discontinuance of half­ monthly payments is sought, It appears to the Commissioner that there Is reasonable ground for belJevtng that the employer has a right to such reduction or discontinuance, he may at any time Issue an order Withholding the half­ monthly payments in whole or in part pending his dectsion on the application.

5. Procedure on application for C01111Datat1on.-(1) Where application ts made to the Conuntssioner under Section 7 for the redemption of a right to receive half-monthly payments by the payment of a lump sum, the Commtssloner shall form an esttmate of the probable duration of the disablement, and shall award a sum equivalent to the total of the half-monthly payments which would be payable for the period cturtng Which he estimates that the disablement Will continue, less one-half per cent of that total for each month comprtsed in that period: PrOVlded that fracuons of a rup Included In the sum so computed •hall be disregarded.

(2) When. In any case lo whtch sub-rule[!) applies. the ·co111Jnlsstoner ls unable to form an approximate estimate of the probable duration of the dlsablemen1. he may from ume 10 ume postpone a decision on the appllcattor, for a period not CXCccdlng two months at any one time.

PART II

DEPOsIT OF COMPENSATION With the Comm1ss1oncr under sub-sccUon [!) of Section B. In respect of a workman whOSe Injury has resulted in death shall furnish lherewtth a •tatcmcn1 ln Form A. and shall be gl,en a receipt ln Fonn B. In other cases of depos;1s With the CommtsSioner under sub-section [!) of SectJon B. the employer •hall fUntlsh a statement ln Fonn M. and shall be given a receipt in Fonna. [2) If. "'1>cn depostUng compensatJon ln respect of fatal acctdents. the employer lndfcates ln the statement referred lo In sub-rule [!) that he desires to be made a pany to the dJstnbuUon j)roeeedlngs. the Commtssloner sha11. before aUott1ng the sum deposlled as compensation. afford to the employer an "P!>ortwuty of CStablJshtng that the person to whom he proposes to allot such sum IS not a dependent of the deceased workman or. as the case may be. "that no one of such persons is a dependenr.

(3) The statement of dJsbursements to be furnished on appllcauon by the employer under sub-section (4) of Section 8 shall be in Fonn C.

7. "1oblicat1oa of Hat of del>Ofl1s.-n.e Commtssloner •hall cause to be dtsplayc<f. In a P'"mtncnt pDSIUon outside his office. an accurate list of the depoatts - by him under sub-section[!) of SectJon 8. together With the names and adckosses of the depositors and of the workmen In respect of whose death or injury the deposits have been made. 8 . ..._._by .. ...., •• ,. for depoait of compe .. atlon.-[JJ A d-t of ad- workman may apply to the Commtssioner for the Issue of an order to depos11 compensauon In respect of the death of the workman. Such applfcauon shall be made tn Fonn C.

(2) If comP<nsauon has not been deposl!ed. the CommtsSloner shall dlspoae of •UCh •PPllcatJon In accordance With the provtslons of Part V of these rules: Provtded that-

(a) the Comm,_,. may. at any Ume before Issues are framed. cause notice to be given fn such manner as he thinks fJt to all or any of the dependants of the deceased workman who have not Joined tn the Oppllcatton. rcquinng then,. tf they desJre to Jotn there1n. to appear before him on a date spcdfled in this behalf; (bl any d._en, to whom such none, has been given and "'1,o fatls to - and to Jotn tn tbc app11ca11on on the date •JJCcifled tn the nouce oball not be -tied thei.aft,,- to clatm that the employer ls lfable II! "-"'°'Pcnoatton - he - ·the Conunts.ton.r that lie -led by "'If--• cause from "PPeartns when the .... callect on for heanng. - ~ of S..llon B. nothlng tn eub-ruJe (2) ehaJJ be a = "!lie ~'!1:.an,- - of the - c!epo,,,led .. -­ ----.. wor1crnan who fatJcct to JoJn the applfcauo THE WORKMEN" C OMPEN 110N RUU'. 192

9. Depoait . . !Rules 9 statement In F ub-sccllon (2) of p -' r d po lllng compc 10 orm D. and hall t,, ,.. cllon 8, shall furnish lh nsauon In In • , • .,,. .... , or en a ,ccclpl In Form E ecew11h ~nec may be . . or may be deposlled I overnment n a Post Offi s b 11. Report of fatal REPORTS OF ACCIDENTS u 1ect to such accidenta -Th Fonn EE. rul . if any. a ~a, b c report required by Se U ,. .. ,. ... __f I or employe, to enl, be In any time. no~Any employer who :a:esent memorandum tnsututed In th landing the fact t~ecclved Information o"r'hen informatio memo,andu , peel or such " no dalm foe an accident m • subonlinate ~oh uppoci<d by an :~~dent, pcesenl ,;•:;:pcnoallon has tat lhe cl _ng the n-suh, or nowledge or !he ' Y lm<olf o, by s once ' rcumstanccs or any mvesligaUon o acts stated In the any person 121 A memo,and cause or the accldenL ' enquhy which has b';,';:•candum, men! or such fre um pcesented und made Into as may be prescrtb er sub-rule (I) shal ed. be recorded b I, subject to th PART IV y the Commissioner~ pay-

13. Workman MEDICAL EXAMINA:

ID accorduc . not to be requir TION

Section 11 e With l'lllea ed to submi acco to submit hi .-A workman t to medical rdance With the lmself for medical who_ is required b examination save

14. Exam.in rues contained In th«:"ammation shall / ~uh-section (I) of premisea.-Whe:tion wben workm is part and not oth:rwiound to do so in employer ofTe such workm . an and medi se.

practitioner :h to have him ~1s _present at L'1e e call practitioner b th O on on forthWith present. the woe o charge by a renuses, and the

115. Ezamtna rkman shall bqualified medi al apply, the -loy tloa In ..._, <u mil himself j

(a) send th er may.- casea.-Jn cases to h or e medical w lch Rul ::;"ding £0, the o pcacuuonec lo lh e 14 does not m: If for medtcalmc betng In which e place where cha,ge \ lhe w.,.kman ng cequested to J all subtntt shall .:. a qualified ::,~:;: In WClllng t O • offer and or at such olh or medical er, In Which examtned free o ,.,._.., th tat •uch Ume ,.': pJaa, In the""!:"lnauon ,':":1, the wor (tt} 1n case , between the h not, save tnad s where th ours of 7 wtlh the tt Visable that h e workman· p.m. and 6 express conse me being. he e should I s condm a.m., and n place to sub e 18 r · mlth111l8 <•! .,_,, .. _ ...................... 11,11, tro~~~ ~ ~ ~ ~ ~ ~ -~~~~~-~~~ ~31R~~~-~"'

PROCEDURE

19. lntroductory.-Save as otherwise provided in these rules, the procedure to be followed by Commissioner in the disposal of cases under the Act or these rules and by the parties in such cases shall be regulated in accordance with the rules contained in this part.

20. Application.-{l) Any application of the nature referred to in Section 22 may be sent to the Commissioner by registered post or may be presented to him or to any of his subordinates authorised by him in this behalf and, if so sent or presented . shall, unless the Commissioner otherwise directs, be made in duplicate in the appropriate Form, if any, and shall be signed by the applicant.

(2) There shall be appended to every such application a certificate, which shall be signed by the applicant. to the effect that the statement of facts contained In the application is to the best of his knowledge and belief accurate.

21. Production of docu.ments.-(l) When the application for relief is based upon a document, the document shall be appended to the applic~tion.

(2) Any other document which any party desires to tender in evidence shall be produced at or before the first hearing.

sub-(3) ru;Yl document which Is not produced at or Within the time specified in ru e 1 or sub-rule (2). as the case may be, shall not, Without the sanction ohf thled Chommlss1oner, be admissible in evidence on behalf of the party who pu~!~:~}~~;s~~e!::1t~:~eg a:pl~~s to any_ document which Is produced for the memory. WJ ness or 15 handed to a Witness to refresh tu

22. Application preaented to wron the Commissioner on receiving appll f Co~1loner.-(l) If it ap another Commissioner, he shall retu ca on t at It should be presen It the date of the presentation andm 1: to the applicant after endors des!gnaUon of the Commissioner to wh:muft°~hthe reason for retu

(2) If It appears to the Co ould be presented.

applicaUon should have been =:s1 :~er at any subaequen 8 send the application to the Co n e to another CommJ inform the applicant and the ~s~toner empowered to deal applicatlon under Rule 26, acco~~~J;. Party, if he has recet.1,1 ~. l<ll4 45 46 mE WORKMEN'S COMPEN TION RULES. 1924

(3) The Commlssloner to whom an application Is transferred under sub-rule

(2) may continue the proceedings as If the prevtous proceedings or any part of them had been taken before him. If he Is satisfied that the Interest of the Parties Will not thereby be prejudiced.

23. Ezamfnatloa of appUc:aat.-()) On receiving application of the nature referred to fn Section 22. the Commissioner may examine the application on oath. or may send the application to any officer authorised by the State Government 1n this behalf and direct such officer to examine the applican t a nd his Witnesses and forward the record thereof to the Commissioner.

(2) The substance of any examination made under sub-rule (I). s hall be recorded fn the manner provtded for the recording of evidence in Section 25.

24. Sammary cUambaaJ of appllcatloa.- (1) The Commissioner may, after ~onsfdertng the application and the resuJt of any examina tion of the applicant under Rule 23, summanly dismiss the application, if, for reasons to be recorded, he fs of opinion that there are no sufficient groun ds for proceeding thereon.

(2) The dtsrmssai of the application under sub-rule (I) shall not of Itself preclude the applicant from presenting a fresh application for the settlement of the same matter.

25. Prelimlauy baqairy bato application.-If the application is not dismissed under Rule 24. the Commissioner may. for reasons to be recorded. call upon the applicant to produce evtdence in support of the application before callJng upon any other party, and, If upon con sidering such evidence the Comrmssfoner Is of opinfon that there is no case for the relief claimed, lie may dismiss the appbcauon with a brief statement of his reasons for so doing.

28. Notice to oppomte party.- If the Commiss ioner does not dismiss the application under Rule 24 or Rule 25, he shall send to the party from whom the applicant claims relief Chereinafter referred to as the opposite-party) a copy of the application, together With a notice of the date on which he wtll dispose of the application, and may call upon the parties to produce upon that date any evidence which they may wtsh to tender.

27. Appearance ad e.umbaatfon of opposite party.-(1) The opposite party may, and if so requfred by the Commissioner, shall, at or before the first heanng or Within such time as the Commtssfoner may permit, file a written statement dealing With the c1aun raised 1n the applica tion, and any such written statement shall fonn a part of the record.

(2) If the opposite party contests the clain . the Commissioner may, and, if no written statement has-been filed, shall p oceed to examtne h im upon the claim and shap Feduce the result of exammauon to writing. ·

28. ~., ..._._{1) After constdertng any written statement and the fl'Su.ll or 'Al' ~ of the partfea, the Comm1sstoner shall ascertain on PJPPQBlUon of lad or of Jaw the ~Parties are a t variance and sh all 8lOo.ed to ~ and record the issues upon which the righ t ~ Commwioner shall dfsti,lj b between • --· ..,.,.""""',-~~ ecmccrn poJnte of facts .aq,4'\' o wlucli - 1liE ORKME OMPE TION RULES. 1924

30. Dluy.-The Comml ston r hall matnlain under hts hand a brief d iary of the proceedings on an appllcauon.

31. Reuona for po tponement to be recorded.-lf the Commissioner finds It impossible to dispose of an application al one heartng, he shall record the reasons which necessitate a po tponement.

32. Jad&ment.-(1) The Commissioner, In passing orders, s hall record concisely a Judgment. hts finding on each of the Issues framed and his reasons for such ftndtng.

(2) The Commt toner. at the time of signing and dating his judgment, shall pronounce his dcctston. and thereafter no addition or alteration shall be made lo the judgment other than the correction of a clerical or art thmettcal mistake artsing from any accidental slip or omission.

33. Sllllllllonlng of wttneuea.- If an application Is presented by any Party to the proceedings for the citation of Witnesses. the Commissioner shall, on payment of the prescribed expenses, and fee s , issue summons for the appearance of such wttn~ses. unless he considers that their appearance is not ncccss.uy for the Just decision of the case.

34. Ezemption &om payment of coats.-lf the Commissioner is satisfied that the applicant is unable, by reason of poverty. to pay the prescribed fees, he may remit any or all of such fees. If the case is decided in favour of the appllcant. the Prcscrtbed fees which, had they not been remitted, would have been due to be paid. may be added to the costs of the case and recovered in such manner as the Commtssioner in his order regarding costs may direct.

35. Ri&ht of entry for local inapection.-A Commissioner before whom any proceeding relating to an injury by accident is pending may at any time enter the place where the workman was injured . or where the workman ordinarily performed his work. for the purpose of making a local inspectton or of cxammtng any person likely to be able to give information relevan{ to the proceedings: Provtded that the Commissioner sh all not enter any premises of any industrtal establishment. except durtng the ordinary working hours of that establishment. save with the permission of the employer _ or of some person directly responsible to him for the management of the establishment.

36. Procedare ln connection with local lnapectlon.-(1) If the Commtssloner proposes to conduct a local inspection With a view to examining on the spot the Circumstances in which an accident took place. he shall give the parties or their representatives notice of his Intention to conduct such tnspectton, unless in his opinion the u rgency c' the case renders the giving of s uch n otice Impracticable.

(2) Such notice may be given orally or in writing, and in the case of an employer, may be given to any person u pon whom notice of a claim can be served under sub-section (2) of Section 10, or the representative of any such person.

(3) Any party. or the reprcaentatlve of any party, ll!ay accompany the Commissioner at a local lnapecuon.

(4) The Commisstone:r, after making a local inspection, shall note briefly in • memqrandum any facts observed, and shall show the memorandum to any who esir,es to Me the same. and, on payment of the prescribed fee, shall any ~'With a copy thereof.

l'be:pmJC:1~~~-•ball form part of the record, otb~ ave at a formal heanng of ~~ ~y any person likely to be (Rules 38-39 h h person has been or Is to be Information relating to such case. whet er shuch any or all of the parties are called as a witness fn the case or not. and w et er present or not. •

(2) No oath shall be administered to a person examined under sub-rule 11).

(3) Statements made by persons examined under sub-rule (l). If reduced to wr1ung shall not be signed by the person maldng the statement, nor shall they, except~ hereinafter proVided, be Incorporated in ~e _record or utilised by the Commissioner for the purpose of arriVing at a dec1s1on in the case.

(4) If a wttness who has been examined under sub-rule (1) makes In evidence any material statement contradicting any statement made by him In such examination and reduced to writing, the Commissioner may call his attention to such statement. and shall In that case direct that the parties be fumJshed with the relevant part of such statement for the purpose of examining or a-oss-cxamtntng the witness.

(5) Any statement on part of a statement which Is furnished to the parties under sub-rule (4) shall be Incorporated in the record.

(6) Where a case is settled by agreement between the parties, the Commissioner may Incorporate 1n the record any statement made under sub­ rule (1) and may utilise such statement for the purpose of Justifying his acceptance of, or refusal to accept. the agreement reached.

38. Agreement to abide by Commlssioaer'a deciaion.-(1) If a party states In writing his willingness _to abide by the decision of the Commissioner, the Commissioner shall tnquire whether the other party is willtng to abide by his decision. '

(2) If the other party agrees to abide by the Commissioner's decision, the fact of hts agreement shall be recorded tn writing and signed him.

(3) If the other party does not agree to abide by the Commissioner's decision, the first party shall not remain under an obligation so to abide. the opposite party claims that tf compensation ts· received against him he w1ll be entitled under sub-section (2) of Section 12 to be Indemnified by a person not betng a party to the case, he shall: when first called upon to answer the application. present a notice of such claim to the Commissioner accompanied by the prescribed fee, and the Commissioner shall thereupon issue notice to

(2) If any person served with a notice under sub-section (1) desires to contest the applicant's claim for compensation or the opposite party's claim to be fndemnffled. he shall appear before the Commissioner on the date fixed for the heartng of the case or on any date to which the case may be adjourned and, If he so appears, shall have all the rights of a party to the proceedings· In default of so appeartng he shall be deemed to admit the validity of any a~ar,d made against the opposite party and to admit his own llabllity to Indemnify the oppoette party for any compensation recovered from him: · Provided that, If any person so served appears subsequently and satisfies the CoQ.UQlasJoner that he was prevented by any sufficient cause from the Commtutoner shall, after glvtng notice to the aforesaid opposite ~ and may set aside or vary any award made against ~ fl.lies and upon such terms as may be Just.

Wi~ notice under sub-rule (1), whether or nbt he ts claim for compensation or the opp01Jite that being a contractor he ts hlmsclt .:

b,v a person standing to h,up bl dJI in the notice under eJJb- 49 THE WORKME COMPE 11 RULES. 1924 (Rules 40-43 anted by the prescribed fee nottce of such claim to the Comma I ner aceot:"p to such person In Form JJ. and the Commissioner hall thereupon I ue no cc

(4) If any person served "1th notice un c under sub-rule (3) to be the applicant's claim for compcn lion. or the cltlm r on the dale fixed In the Indemnified. he shall appear before the Commlss one ad oumed and If he noUce In Form JJ or on any date to which the case may be J • so appears. shall ha\'C all the rtghts of a party to the proceedings In default of so appearing he hall be deemed to admit the validity of any award made against the or1gtnal opposite partv or the person served with a notice under sub-rule (I) and to adrrut h1 own itabiltty to Indemnify the party against whom such award Is made for any compensalton recovered from him:

Provided that. r any person so served appears subsequently and satisfies the Commissioner that he was prevented by any sufficient cause from appearing. the Comrrussloner shall. after g1v1ng nouce to all parties on the record, hear such person. and may set aside or vary any award made against such person under th1s rule upon such tenns as may be just.

(5) In any proceeding In which a nolice has been served on any person under sub-rule Ill or sub-rule (3) the Commissioner shall, If he award compensation. record in his judgment a finding In respect of each of such persons whether he IS or ts not liable Lo indemnify any of the opposite parties, and shall specify the party. if any. whom he is liable to Indemnify.

40. Proc:edare ba eoDDected cues.-( 1) Where two or more cases pending before a Cqmmissloncr ar1se out of the same accident, and any issue involved Is common to two or more such cases. such cases may. so far as the evidence bearing on such Issue Is concerned, be heard simultaneously.

(2) Where action ts taken under sub-rule (1) the evidence bearing on the common ISsue or Issues shall be recorded on the record of one case, -and the Comndssioner shall certify under his hand on the record of any such other case, the extent to which the evidence so recordec! applies to such other case, and the fact that the parties to such other case had the opportunity of being present. and If they were present, of cross-examining the witnesses.

41. Ceztaba im,naiom of Code of Civil Procedure, 1908 to apply.-Save as otherwise expressly provided In the Act or these Rules the following provisions of the First Schedule to the Code of CMI Procedure, 1908, namely, those contained In Order V. Rule 9 to 13 and 15 to 30 : Order lX: Order xm. Rules 3 to 10; Order XVI. Rules 2 to 21; Order XVII; and Order XXIII, Rules 1. and 2, shall apply to proceeding before Commissioners. In so far as they may be applicable tberd.o:

Provtded that- laJ for the purpoee of facilitating the application of the said provisions the Commissioner may construe them with such alterations not affecting the t...~tance as may be necessary or proper to adapt them to the matter thr Omnm-.,..ooer may, for sufficient reasons, proceed otherwise than With tbe said provisions, If he Is satisfied that the parUes will not thereby be prejudiced. · ..,..._ of fonaa.-Any form, other than a recel_pt 18 by these rules required to be algm:d b:, a under hie du'ecUoo and on hw

PART '1

TRANSFER

44. Traaafer for report.-( l J Commissioner transferring any matter to another Commtssloner for report In accordance wtth sub-secuon (2) of Secuon 21 shall. along wtth the documents referred to in that sub-section, transmit to such other Cammi loner a concise tatement. In the fonn of questions for answer of the matter on which report Is required .

(21 A CommJ loner to whom a case Is so transferred for report shall not be required to report on any qu uon of law.

45. Transmisaioa of moaey.-Money transmitted by one Commissioner to another In accordance with sub-secuon (2) of Section 21 shall be transmitted either by remittance transfer receipt. or by money order or by messenger, as the Commissioner transmitting the money may direct.

PART VII

APPOINTMENT OF REPRESENTATIVES

46. When representatives must be appohlted.-Where any party to an proceeding ts under the age of 15 years or Is unable to make an appearance, the Commtss1oner shall appoint some suitable person, who consents to the , appointment. to represent such party for the purposes of the proceeding.

47. When new representative to be appointed.-If the Commissioner considers that the interests of any party for whom a representative has been appointed under Rule 46 are not being adequately protected by that representative or If a person appointed to act as representative dies or becomes Incapable of acung. or otherwise ceases to act as such, the Commissioner shall appoint In his place another person who consents to the appointment.

PART VIII

RECORD OF MEMORANDA OF AGREEMENT

48. Form of memorandum.-Memorandum of agreement sent to the Commtssloner under sub-section (1) of Section 28 shall, unless the Commtssloner otherwise directs. be in duplicate, and shall be In as close confomuty as the circumstances of the case admit wtth Fonn K or Fann L or Form M, as the case may be.

49. Procedure where Commiaaioner doea not conaider that he ahould refuse to record memorandum.-( 1) On receiving a memorandum of agreement, the Commissioner shall. unless he considers that there are grounds for refusing to record the memorandum. fix a date for recording the same, and shall issue a notice in writing in Fonn N to the parties concerned that In default of objections he proposes to record the memorandum on the date so fixed: Provtded that the notice may be communicated orally to any parties who are present at the time when notice In writing would otherwtse Issue.

(2) On the date so fixed, the Commtssloner shall record the memorandum unless, after heartng any of the parties who appear and desire to be heard, he considers that It ought not to be recorded:

Provtded that the issues of a notice under sub-rule (1) shall not be deemed to prevent the Commissioner from refusing to record the memorandum on t,be date so fixed even if no objection be made by any party concerned.

(3) If on such date the Commissioner decides that the memorandUJQ not to be recorded, he shall inform the Parties present on hie d the reasons therefor, and, if any paey desiring the mernor ta not present, he $hall Jend fnfonnaUon to that party fn Fi 50, Procedare bere Commluloner conatden be ahould refaae to recor« Comm1ss1oncr con Id rs th t th re arc grounds for r fusing to record the sarnc, he shall fix a date for h artn th party or parties desiring the memorandum to be recorded, and hall Inform uch party or parties and, If he thinks flt, any other party concerned, or th date o fixed and of the grounds on Which he considers that the m morandum hould not be recorded.

(21 If the paru to be Informed are not present. a written notice shall be sent to them in Fonn p or Fonn Q. as the case may be, and the date fixed In such nouce shall be not I ss than seven days after the date of the Issue of the same.

(3) Ir. on the date fixed under sub-rule (1), the party or parties desiring the memorandum to be recorded show adequate cause for proceeding to record the same, the Commissioner may, if Information has already been gtven to all the parues concerned. record the agreement. If Information has not been given to all such parties. he shall proceed tn accordance With Rule 49.

(4) If. on the date so fixed. the Commtsstoner refuses to record the memorandum. he shall send notice in Form O to any party who did not receive tnformauon under sub-rule (I).

51. Procedure on refusal to record memorandum..-(1) If in any case the Comm1ssioner refuses to record a memorandum of agreement. he shall briefly record his reasons for such refusal.

(2) If the Commissioner refuses to record a memorandum of agreement, he shall not pass any order directing the payment of any sum or amount over and above the sum specified in the agreement, unless opportunity has been gtven to the party liable to pay such sum to show cause why 1t should not be paid.

(3) Where the agreement Is for the redemption of half-monthly payments by the payment of a lump sum. and the Commissioner considers that the memorandum of agreement should not be recorded by reason of the inadequacy of the amount of such sum as filed tn the agreement, he shall record his estimate of the probable duration of the disablement of the workman. 52, Registration of memorandum accepted for record.-In recording a memorandum of agreement, the Commissioner shall cause the same to be entered in a register in Form Rand shall cause an endorsement to be entered under his signature on a copy of the memorandum to be retained by him In the followtng terms, namely: 'THIS MEMORANDUM OF AGREEMENT BEARING SERIAL NO .................... . OF 20 ............. , IN THE REGISTER HAS BEEN RECORDED THIS ............. DAY OF ........... ..

FORM A

(Rule 6 (IJJ Deposit of Compeuatlou for Fatal Accident Sd ...... ...... ..

Commissioner (Section 8 {l) of the Workmen's Compensatton Act, 1923)

1. Compensation amounting to Rs. . ............................ .... 1, preaented for deposit in respect of injuries resulung tn the dea Naine ............................... .

Father's/Husband· ((n ca ~ of married woman or Widow l name ............................... .

Caste ................................ .

Permanent address ............................... • Hts/Her monthly wag are esUmated at Rs ....................... when he/she was over /under the age of 15 years at the Ume of his/her death.

(2) The said workman had. prior to the date of his/her death received the followmg payments. namely: Amounting tn all to Rs. .. .............. ............ ... ..

3. An advance of Rs. ........ ...... ...... has been made on account of compcnsatton to ........... bctng hts/her dependent. ·

4. I do not/desire to be made a party to the proceedings for distribution of the aforesaid CODlpensation. Dated the .................... 20 ................... .

Employer Where an employer desires to be made a party the proceeding he should strike out the words "do not.•

FORM AA

Deposit of Com,euatton for Non-fatal Accident to a WoJDaD or penon 1111der ISecuon 8 (1) of the Workmen's Compensation Act. 1923 J I. Compensation amounting to Rs. . ...... .... ..... .. .. ls hereby presented for deposit In respect of tnjurles sustained by . . . . . .. . . . .. . . . .. .. . . .. ............. ... . residing at ........................ ........ . on dt ... .. .. ........ ... .. 20 ............. :...... . resulting In the Joss of/temporary disablement. His/Her monthly wages are estimated at Rs ..................... when he/she was over/under the age of 15 years at the time of the accident.

2. The said injured workman has pnor pafd to the date of the deposit received the half-monthly payments, namely:

Dated the .................... 20 ......... .

FORIIB

(Rule 61 Employer Receipt for Com,euattoa (Depostt under Sectton B (JJ of the Workmen's Compensauon Act. JQ Receipt 11,, ............ .

53 1llE WORKME COMPE TION RULES. 1924 ~ -11-~ Dated the .. .......... ... 20 ......... .

FORMC

(Rule 6) Statement of Dlabanements (Section (4} of the Workmen ·s Compensation Act. 1923/ Serial o . ............ ...... . .

Depositor ....... .... ....... . .

Date .... ............... .

Amount deducted and re-paid to the employer under the provtso to Section Funeral expenses paid .... ............... .

Compensation paid to the followtng dependent (s):

ame Relationship Dated the ............. 20 ..... .. . .

Total ... .. ...... .. .. .. .. ..... .. .... .

Commissioner

FORMD

(Rule 91 Depodt of Compeaaation for Non-fatal Accidents, other than to a Woman or Person IIDder Legal Disability ISectton 8 (2) of the Workman·s Compensation Act. 1923/ Compensauon amounting to Rs . .................. Is hereby presented for deposit In respect of perman ent / temporary injuries sustained by d~t~::::::::::::::::::ii.'.'.'.'.'.:. residing at ............... ... wtth ..... ... .... .... .. occurred on Dated the .................. 20.... .... . ..... .... ... ... ..

FORME

!Rule 91 Employer Receipt for Compematlon (Deposit under Section 8 (2) of the Workmen's Compensatton Act. 1923] Book No................... Receipt No................... Register No ............... .. Depositor .....•••••.....•..

In favour of ................................. ..

Date of depoeJt the .................. 20 .......... .

Dated tbe ........ .,.. . 20 • ~~~m .............................. .

[~~ ...... .. .... . ~.~~ •• ~ .~: •....... ~o ~ ~ ~"S (~~ -"io ............ ..

wc"o ... , ..... , ...

';I_,. • ••••• To Sir.

11iE WORKME COMPENSATION RULES. 1924

PORMBE

Report of Fatal Accldenta (Form EE--F l. I have the honour to submtt the followtng report of an accident which , occurred on dated .................. 20 ............ , at.................. (enter detatls of premises).................. and which resulted In the death of the workman/workmen of whom particulars are given In the statement annexed hereto.

2. The Circumstances attending the death of the workman/workmen were as under:

(a) Ttme of the acctdent.

{b) Place where the accident occurred.

(c} Manner In which deceased was/were employed at the time.

{d) Cause of the accident.

(e} Any other relevant particulars Name Sex

STATEIIBNT

Age

FORJIIF

(Rule 201 I have, etc.

Signature and designation of person making the report Nature of employment Full postal Application for Compeuation by workman To the Commfssloner for Workmen's Compensation ........... _ ............................. residing at ....... : ............................... applicant versus .......... ........ ..................... residing at ................................ opposite party It ts hereby subntftted that-

(1) the applicant. a workman employed by ( a contractor With) the op~ite party on the ••..•••••.•.•...•. day of .................. 20 ............. , received ~r~ tnJwy by aeddent ari81ng out of and tn the course of his emp The cause of the injury was (tnsert briefly tn of the IIJlwy ) .. - ............................... .

(3) the monthly wages of the applicant amount to Rs ................. .. The applicant ts over/under the age of 15 years.

•(4) (a) Notice of the accident was served on the .. .. .. .. .. .. .. .... • of .................. 20....... day (bj Notice was served as soon as practicable.

(c) Notice of the accident was not served (in due time) by reason of

(5) The applicant Is accordingly entitled to recetve- (a} half-monthly payment of Rs. .................................... from the d of ····· ............. 20 ........ .. to......... ay {b) a lump sum payment of Rs ................. ..

(6) The applicant has taken the following steps to secure a settlement b agreement namely .................................... but tt has proved tmposstble ? settle the questions In disputes because, .... .. . .... .... .. .. . .. .. . .... .. ... .. .... .. .. ... .. ... .. 0 d • You are, therefore, requested to determine the following questions 1 tspute, namely- n fa} whether the applicant Is a workman within the meaning of the Act· {b) whether the accident arose out of or tn the course of the appl;canr employment: s le} =:~ei the amount of compensation claimed ts due, or any part of that (d} :::ther the opposite party is liable to pay such compensation as ts (e} etc. (as reqUired) Dated the .................. 20 ............ .

•strt1ce out whichever clause ts not appli.cable.

FORM G

(Rule 20) Application for Order to Deposit CompeDSation To Commissioner for Workmen's Compensation .................. residing at ................. , applicant: versus .. · ............ • .. residing at .................. , opposite narty It is hereby submitted that- · Applicant part!,- 1~~-th~:::::::::: . .' .. ~.~;~~}1° employed by (a contractor With) the opposite by acctdent arising out of and in .th ............ 20 ........... , received personal injury death on the .................. day of e course of his employment resulting in his was (insert briefly tn ordinary lang ........... 2o ........... • The cause of injury .................. .................. uage the cause of uyury) ................ ..

(2) The applicant(s) is a/are dependant(s} of his.................. the deceased workman b~tng

(3) The monthly wages of th,. d----..

d ., ~ amount to Rs:

~lJ ~~~iii~ ~ ................................................ ~ (cJ a~~~~ ... ~~ .. ~~~ accident wa not served (tn due tlm I by reason (51 The deceased bet hi d of Rs................... ore s ath rec Iv d as compensation the total sum of ~~.:,~~1.~~~ l I /arc accon:ltngly entitled to receive a lump sum payment com~sa~~ o~h:ef:~· requested to award to the applicant Dated the .... ... :. ...... ~~2~~.~~Uon to which he may be entitled. the said • Stnlre out whtchever Is not appltcable. Applt~~t

FORMH

(Rule 201 Appllcation for Comm11Dication ISectton 7 of the Worlcme , To the Commissioner for Workm;·ss CCompensa~n Act. 19231 ompensation ...... ............ residing at .. . .. .. .. .. ... . ... . applicant; , uersus ...... ········ ···· residing at It 1s hereby submitted th;;~ ............ , opposite party

(1) The applicant/opposite payments from... .............. to party has been in receipt of half-m by accident arising out of ~d .j ... ii; .......... in respect of temporary disablonthly

2) The I n e course of his emplo""'ent ement app leant Is d i ::,••· · payments should be redeem:. rous that the right to receive half-monthly

(3) (a) The opposite party i to receive half-monthly paym~~~Willlng to agree to the redemption of the right rtghrJ The parties have been unable to to receive half-monthly payments s~~ ~gareddlng the sum for which the You are th fj r eemed.

' ere ore. requested to pass orders- (aJ directing that th redeemed: e right to receive half-monthly payments should be

(b) IJxtng a sum for the rede"ni payments. ptton of the right to receive half-monthly Dated the ................... 20 ........ ..

FORMJ

(Rule 39) Whereas Notice Applicant .......... a clatm for compensauo has .._.. ... t............ and th n been made by ::!er Section i'i°.(2) of the e~aJ:,;. .... : ............ has clairn~·lli;t"·"" applicant, .................. 20. d by lnfonned that vou may pay in res of e Mid__..__ ······--·• an , contest the -•-• " ~ fll __.tor the claim ror indemJd waam fqr ~i-1 .

against the opposite party and your ltablll to lndemnt(v the oppo Ile party for any compensauon recovered from him.

Dated the ... ..... ... ..... .. 20........ .. ·· ·· ·· · ···· · ···· ··

FORMJJ

[Rule 39) Notice Commtssloner Whereas a claim for compensation has been made by ...... .. ....... ... applicant, against .. ..... ........... and the said.. ...... .. ...... .. has claimed that you are liable under Section 12 (2) of the Workmen's Compensation Act, 1923. to Indemnify him against any compensation which he may be liable to pay In respect of the aforesaid claim, and whereas the said .. ....... ... ...... on notice served has claimed that you .. .... .. ... ....... stand to him In the relation of a contractor from whom the appltcant.. ... .... .... ... .. could have recovered compensation, you are hereby Informed that you may appear before me on dated .. ... ............. 20 .... ....... and contest the claim for compensation made by the said appltcant or the claim for Indemnity made by the opposite party .................. In default of your appearance you will be deemed to admit the validity of any award made against the opposite party ....... ............ and your liability to Indemnify the opposite party: ................ . for any compensation recovered from him.

Dated the. .. ......... ... ... 20 ......... .

FORMK

[Rule 48) Memorandum Of Agreement Commissioner It Is hereby submitted that on the .................. day of .................. 20 .......... , personal injury was caused to .................................. , residing at .................. by accident artstng out of and in the course of employment in .................. The said injury has resulted in temporary disablement to the said workman whereby it is estimated that he will be prevented from earning more than of his previous/any wage for a period .. ... . ............ months. The said workman has been in respect of half-monthly payments which have continued from the .................. day of ················· ·20 ......... . , until the .......... day of ....... 19 ........... , amounting to Rs ................... in all. The said workman·s monthly wages are estimated at Rs ................... The workman is over the age of 15 years/will reach the age of 15 . years on ........... ...... .

It is further submitted that.. ................ , the employer of the said workman has agreed to pay. and the said workman has agreed to accept, the sum of Rs ................... , in full settlement of all and every claim under the Workmen's Compe~sation Act, 1923. in respect of all disablement of a temporary nature arising out of the said accident •. whether now or hereafter to become manifest. It is, therefore, requested that this memorandum be duly recorded. Witness.................. Signature of employer ................. . Witness ................. . Signature of workman ................. . Dated the .................. 20 ........ .

Note.-All applicaUon to regtster an agreement can be presented under the signature of one party. provided that the other party has agreed has Adr~cj ~ the terms. But both signatures should be appended, whenever poea1b.;;'" ~~~~ ~ ~~\ft-q" fl Dq~ ~ :~ ......... ~ ~ ...................... 20 ........ t m ............ ~ ~ ~ ~: 300~ ~ ~ ~~ q,1~~.~ '8 ~~ a ${~I ~ 20 t ~............... ....... ~.

~...................... ~t~ ...................... .

RECEIPT

(To be filled m when the money has actually been paid) In accordance \\1th the abO\ agreement. I have this day the recetved the sum of Rs................... · · · · · · .... · ...... B ~ted the ....................... . 20............. Workman e money has been paid and this receipt signed In my presence Injury by occ . may e varted to suit special cases s disability. etc.upational diseases. agreement when work;;~ .. ;-- ............. e.g., s under legal

FORML

(Rule 48) It ts hereby submitt dMemorandam of Agreement arising out of and ~.th ................ residing at. Jury was caused injury has resulted ln e course or his emplo~~~t·i~ ............. by accident follOWlng nature nam ly~ennanent disablement to th·~ ... ~d ............. The said Th . e . s workman of the The workman Is over y wages are estimated at Rs.................... . ...... .. .............. . The . the age of 15 years/wtll re h . .. .. received the follOWing said workman has. prior to ~~ d the age of 15 years on Rs payments, namely: ate of his agreement, It Is further subrntttcd .............. Rs .............. on d ............. . of the said workman has that ...... ............. ... .. ... .. t ............. . accept the sum of Rs agreed to pay and. the ~d ................ , the employer the Workmen·s c .................. in full sett) workman has .. d ...... d t above and al ompcnsatton Act 192 ement of all and _....... o memorand l bedlsablements now ~ 3, In respect of the d::~ claim under um duly recorded est. It ls, therefore ement stated Witness ........... · ' requested that thts Witness ............ :::::· Signature of employer Dated the ...............

Signature of wo ....... • ••anature of one p cauon to register an But both etgnau!eaartyh, J)rOVtded that th~ 8 Ould be appended, .. ._ p ~-o) ~ ~ f'.m, 1924 58 ~I ~ ............ ~ ............ 'fo, ......... ..

~ ............ ~ ............ 'fo ........... .

q n d lh 1111, ·· ·w~;k·.;;~~ Dated the .................. 20 .......... .

The money ha, n paid and this receipt signed In my pres nee ote.-nu form may be varied to suit special cases. e.g.. Injury by occupaUonal diseases. agreement when workman ts under legal dtsab1llty, etc.

FORMM

[Rule 48 [ Memorandum of Agreement residing at ...... ......... .. . by accident arising out of and In the course of employment in .. .. .. .. ......... .. ... . The said injury has resulted in temporary disablement to the said workman. who is at present in receipt of wages amounting to Rs. .............. ....... .. per month/no wages. The said workman·s monthly wages prior to the accident are estimated at Rs .. .. .. ...... ........... . The workman is subject to a legal disability by reason of ................. ..... .

lt is further subnlltted that ....... ........... ..... ...................................... . the employer of the workman has agreed to .... j;~;

and ........ ................. ......... .......... .. on behalf of the said workman has agreed to acx:ept half-monthly payments at the rate of Rs ............ .- .......... for the period of the said temporary disablement. This agreement is subject to the condition that the amount of half-monthly payments may be vaned in accordance with the provisions of the said Act on account of an alteration in the earnings of the said workman dunng disablement. It is further stipulated that all rights of :~on under Section l of the said Act are unaffected by this agreement. • ore. n:quested that this memorandum be duly recorded.

Witness ..... . ··· ·· ·· ······· · ·· Signature of employer ~!:.S~~·::::::::::::::::::: .... IS... .. ..... Signature of workman:::::::::::::::: stgna~7 application to register an agreement can be presented under the But both .,_,,:~e party. provided that the other party has agreed to the terms. _,.-lures should be appended. whenever possible.

11b be m,_, RECEIPT In J'"""" fn when the money has achonll .. been paid I accordance With the abov ......._, of Rs........................ e agreement. l have this day received the sum B Dated the ........ - ..... 2() .......... ..

t 1

W11'S

[t!PA 48) ~ ..................... ~m~ ..................... ~~ .............. . Tii"ffl'R~'Sllftlcli~~~~ ..................... ~ I ~ ...................... 20 ......... . ~-~1a~w.,_.. .. -w_. The money has been paid and this ...................... ..

Witness It special cases. e.g.. Injury by N te - This Corm may be varied to skmu an ts under legal dtsablltty, etc. · o . ent when wor occupauonal diseases. agreern FORM N [Rule 491 auon is said to have been reached Whereas an agreement to pay compe~d whereas .................... has/have between ........... ......... and ·· ···· ............ ~l under section 28 of the Workmen's applied for registration of the agr~meb given that the said agreement will be Compensation Act. 1923, notice is ere Y 20 ............ and that any objections to taken into consideration on ................. t .. , hould be made on that date. In the lhe registration of the said agreeme~te~Uon to proceed to the registration of absence of valid objections It ts my the agreement.

Dated the ............. ........ 20 .... ... .. Commissioner

FORMO

(Rules 49 and 50) Take notice that registration of the agreement to pay compensation said to have been reached between you .................... and .................... on the............. ...... .. 20...... ... .. . has been refused for the following reasons, namely:

Dated the ................ ... 20 ........... ..

Commissioner

PORMP

(Rules 50) Whereas an agreement to pay compensation ts said to have been reached between .............................. .......... and .......•....•.•...•. and whereas ................... . has/have applied for regtstratlon of the agreement under Section 28 of the Workmen·s Compensation Act, 1923, and whereas It appears to me that the said agreement ought not to be registered for the following reasonS', namely: ························································································································ ..... ..... an opportunity will be afforded to you of showing cause on .................... 20 ............ why the said agreement should be registered. If no adequate cause ts shown on that date, registration of the agreement will be refused.

Dated the ................... 20 ........ .

FORM Q

(Rules 50) Commissioner Whereas an agreement to pay compensation Is said to have been between ................... and................... ..... and whereas has/have. applied for regtstraUon of the ag;:;~~t under Sec • ···•••· Workmen s Compensatton Act. 1923 and whereas ft appear, to agreement ought not to be regtaten:d for the followtng TJ<m -q~~~. ~. ~~ ;;,y~•· [~SO] 61 THE the said . ······ ............ : of showtng cause an opportun1 be aff~:~d agreement should be registcrect. Any on.................... o ............. 11 to make wtth regard to the said agreement rcprcscntauon which you avelf ~••te cause iS then shown. the &grecmcnt shouJd be made on that date. a .. .....- may be rc:glsta'Cd.

Dated the··· ················ 20 ............• (Rules 521 ae,llm of ~ts• tbe Year 19 .......... .

Dateol Employer Workman Initials of 5.No Dateol ~ ~ er

I 2 3 4 5 6

Reference to orders aaa wq~ ~20 ................ ~~w~~