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Unit 7: Definitions under Workmen’s Compensation Act, 1923

the payment of compensation. The compensation payable to the workman or to his dependants Notes
cannot be assigned, attached or charged (Sections 9 and 17).

7.4.3 Claims and Appeals

In case the compensation is not paid by the employer, the workman concerned or his dependants
may claim the same by filing an application before the Commissioner for Workmen’s
Compensation. The claim shall be filed within a period of two years of the occurrence of the
accident or death. The application which is filed after the period of limitation can be entertained
if sufficient cause exists. An appeal will lie to the High Court against certain orders of the
Commissioner if a substantial question of law is involved. An appeal by an employer against
an award of compensation is incompetent unless the memorandum of appeal is accompanied
by a certificate that the employer has deposited the amount of such compensation. Unless such
a certificate accompanies the memorandum of appeal, the appeal cannot be regarded as having
been validly instituted.

Notes The period of limitation for an appeal under Section 30 is sixty days (Sections
10 and 30).

7.4.4 Administration

The Act is administered by state governments which are required to appoint Commissioners for
Workmen’s Compensation. The functions of the Commissioner include:
(i) Settlement of disputed claims;
(ii) Disposal of cases of injuries involving death; and
(iii) Revision of periodical payments (Section 20).

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
(Section 31):
The Act made provision for the framing of the rules by the State and Central Government and
also their publication (Sections 32-36).

Self Assessment

State whether the following statements are true or false:

13. The compensation payable to the workman or to his dependants cannot be assigned,
attached or charged.
14. In case the compensation is not paid by the employer, the workman concerned or his
dependants may claim the same by filing an application before the Commissioner for
Workmen’s Compensation.
15. The percentage loss of earning capacity depends on the loss of limbs and varies from 1 per
cent to 50 per cent.

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