Page 49 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes Returns

The State Government may, by notification in the official Gazette, direct employers to submit
returns regarding compensation paid by them and particulars relating to the compensation
(Sec. 16).
Contracting Out

Section 17 provides that any contract by which a worker relinquishes his right to receive
compensation for injury is null and void in so far as it purports to remove or reduce the liability
of any person to pay compensation under this Act.

Penalties

Section 18A provides for penalties for failure to perform the duties prescribed under the Act, e.g.,
failure to send returns or maintain notice books etc.
Bar to Civil Suits

A Civil Court has no jurisdiction to settle, decide or deal with any question which, because of the
provisions of the Act, is required to be decided or dealt with by the Commissioner or to enforce
any liability under this Act (Sec. 19(2)).

Recovery of the Amount Awarded

Any amount payable under the Act, whether under an agreement or otherwise, shall be recovered
as an arrear of land revenue (Sec. 31).
An appeal lies to the High Court from the following orders of a Commissioner-
(a) an order awarding as compensation a lump sum whether by way of redemption of a
half-monthly payment or otherwise or 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 dependents of a deceased
workman, or disallowing any claim of person alleging himself to be such dependent;
(d) an order allowing or disallowing any claim for the amount of an indemnity under the
provisions of section 12(2) ;
(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.

Other Provisions Regarding Appeal

1. 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 300.
2. No appeal lies 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.
3. No appeal by employer lies unless the memorandum of appeal is accompanied by a certificate
by the Commissioner to the effect that the applicant has deposited with him the amount payable
under the order appealed against.

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