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Unit 3: Rules regarding the Workmen’s Compensation Act

prejudicial to any person shall be made unless such person has been given an opportunity of Notes
showing because why the order should not be made.

(12) The orders of the Commissioner regarding the distribution of compensation may be varied
later if necessary.

(13) Money payable to a woman or a person under a legal disability may be invested or otherwise
dealt with as the Commissioner thinks fit.
(14) Half-monthly payments payable to a person under a legal disability may be paid to a
dependent of the workman or to any other person whom the Commissioner thinks best fitted to
provide for the welfare of the workman.

Self Assessment

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.

3.6 Enforcement of Act

The act is enforceable in a manner which is mentioned below:

3.6.1 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.
3.6.2 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).

3.6.3 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

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