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Mercantile Laws – II

Notes (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.

3.2.2 Publication of Rules

The power to make rules conferred by section 32 shall be subject to the condition of the rules
being made after previous publication.
The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act
1897 (10 of 1897) as that after which a draft of rules proposed to be made under section 32 will be
taken into consideration shall not be less than three months from the date on which the draft of
proposed rules was published for general information.
Rules so made shall be published in the Official Gazette and on such publication shall have effect
as if enacted in this Act.

3.2.3 Rules to give Effect to Arrangements with other Countries for the
Transfer of Money paid as Compensation

(1) The Central Government may by notification in the Official Gazette make rules for the
transfer to any foreign country of money deposited with a Commissioner under this Act which
has been awarded to or may be due to any person residing or about to reside in such foreign
country and for the receipt distribution and administration in any State of any money deposited
under the law relating to workmen’s compensation in any foreign country which has been
awarded to or may be due to any person residing or about to reside in any State :
Provided that no sum deposited under this Act in respect of fatal accidents shall be so transferred
without the consent of the employer concerned until the Commissioner receiving the sum has
passed orders determining its distribution and apportionment under the provisions of sub-
sections (4) and (5) of section 3.
(2) Where money deposited with a Commissioner has been so transferred in accordance with
the rules made under this section the provisions elsewhere contained in this Act regarding
distribution by the Commissioner of compensation deposited with him shall cease to apply in
respect of any such money.

3.2.4 Rules made by Central Government to be laid before Parliament

Every rule made under this Act by the Central Government shall be laid as soon as may be after
it is made before each House of Parliament while it is in session for a total period of thirty days
which may be comprised in one session or in two or more successive sessions and if before the
expiry of the session immediately following the session of the successive sessions aforesaid
both Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made the rule shall thereafter have effect only in such modified form or be of no
effect as the case may be; so however that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.

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