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Unit 8: Rules Regarding the Workmen’s Compensation Act

Self Assessment Notes

State whether the following statements are true or false:
13. Section 10 of the Act provides for the deposit of the compensation before the Commissioner,
as also to the distribution of compensation by the Commissioner.
14. The receipt of the Commissioner shall be a sufficient discharge in respect of any
compensation deposited with him.
15. Notice must be given to the parties affected.

8.6 Enforcement of Act

8.6.1 Commissioners [Section 19]

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. 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.

8.6.2 Appointment of Commissioner [Section 20]

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.
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. 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. Every Commissioner shall be deemed to be a public
servant within the meaning of the Indian Penal Code (45 of 1860).

8.6.3 Power of Commissioner to Require Further Deposit in Cases of Fatal
Accident [Section 22A]

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.

Notes 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.

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