19. Reference to Commissioners.—(1) 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 6
[employee]) or as to the amount or duration of compensation (including any question as to the
nature or extent of disablement), the question shall, in default of agreement, be settled by 7
[a
Commissioner].
(2) No Civil Court shall have jurisdiction to settle, decide 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.
20. Appointment of Commissioners.—(1) The State Government may, by notification in the
Official Gazette, 8
[who is or has been a member of a State Judicial Service for a period of not less than
five years or is or has been for not less than five years an advocate or a pleader or is or has been a
Gazetted Officer for not less than five years having education qualifications and experience in personnel
management, human resource development and industrial relations] appoint any person to be a
Commissioner for Workmen’s Compensation for such9*** area as may be specified in the notification.
1. Ins. by Act 15 of 1933, s. 11.
2. Subs. by Act 11 of 2017, s. 3, for “section 16” (w.e.f.15-5-2017).
3. Ins. by s. 3, ibid. (w.e.f.15-5-2017).
4. Subs. by s. 3, ibid., for “which may extend to five thousand rupees” (w.e.f.15-5-2017).
5. Subs. by Act 64 of 1962, s. 6, for certain words (w.e.f.1-2-1963).
6. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
7. Subs. by Act 15 of 1933, s. 12, for “the Commissioner”.
8. Ins. by Act 45 of 2009, s. 8 (w.e.f.18-1-2010).
9. The word “local” omitted by Act 64 of 1962, s. 7 (w.e.f.1-2-1963).
22
1
[(2) Where more than one Commissioner had been appointed for any 2*** area, the State
Government may, by general or special order, regulate the distribution of business between them.]
3
[(3)] 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.
3
[(4)] Every Commissioner shall be deemed to be a public servant within the meaning of the Indian
Penal Code (45 of 1860).
21. Venue of proceedings and transfer.—4
[(1) Where any matter is under this Act to be done by or
before a Commissioner, the same shall, subject to the provisions of this Act and to any rules made
hereunder, be done by or before the Commissioner for the area in which—
(a) the accident took place which resulted in the injury; or
(b) the5
[employee] or in case of his death, the dependant claiming the compensation ordinarily
resides; or
(c) the employer has his registered office:
Provided that no matter shall be processed before or by a Commissioner, other than the
Commissioner having jurisdiction over the area in which the accident took place, without his giving
notice in the manner prescribed by the Central Government to the Commissioner having jurisdiction over
the area and the State Government concerned:
Provided further that, where the 5
[employee], being the master of a ship or a seaman or the captain or
a member of the crew of an aircraft or a5
[employee] in a motor vehicle or a company, meets with the
accident outside India any such matter may be done by or before a Commissioner for the area in which
the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered
office of the company is situate, as the case may be.
(1A) If a Commissioner, other than the Commissioner with whom any money has been deposited
under section 8, proceeds with a matter under this Act, the former may for the proper disposal of the
matter call for transfer of any records or money remaining with the latter and on receipt of such a request,
he shall comply with the same.]
(2) If a Commissioner is satisfied 6
[that any matter arising out of any proceedings pending before
him] can be more conveniently depth with by any other Commissioner, whether in the same State or not,
he may, subject to rules made under this Act, order such matter to be transferred to such other
Commissioner either for report or for disposal, and, if he does so, shall forthwith transmit to such other
Commissioner all documents relevant for the decision of such matter and, where the matter is transferred
for disposal, shall also transmit in the prescribed manner any money remaining in his hands or invested
by his for the benefit of any party to the proceedings:
1. Ins. by Act 15 of 1933, s. 13.
2. The word “local” omitted by Act 64 of 1962, s. 7 (w.e.f.1-2-1963).
3. Sub-section (2) and (3) renumbered as sub-sections (3) and (4) to that section respectively by Act 15 of 1933, s. 13.
4. Subs. by Act 30 of 1995, s. 10, for sub-section (1),(w.e.f.15-5-1995).
5. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
6. Subs. by Act 9 of 1938, s. 9, for certain words.
23
1
[Provided that the Commissioner shall not, where any party to the proceedings has appeared before
him, make any order of transfer relating to the distribution among dependants of a lump sum without
giving such party an opportunity of being heard:]
2*****
(3) The Commissioner to whom any matter is so transferred shall, subject to rules made under this
Act, inquire thereinto and, if the matter was transferred for report, return his report thereon or, if the
matter was transferred for disposal, continue the proceedings as if they had originally commenced before
him.
(4) On receipt of a report from a Commissioner to whom any matter has been transferred for report
under sub-section (2), the Commissioner by whom it, was referred shall decide the matter referred in
conformity with such report.
3
[(5) The State Government may transfer any matter from any Commissioner appointed by it to any
other Commissioner appointed by it.]
22. Form of application.—4
[(1) Where an accident occurs in respect of which liability to pay
compensation under this Act arises, a claim for such compensation may, subject to the provisions of this
Act, be made before the Commissioner.
(1A) Subject to the provisions of sub-section (1), no application for the settlement] of any matter by a
Commissioner, 5
[other than an application by a dependant or dependants for compensation] shall be made
unless and until some question has arisen between the parties in connection therewith which they have
been unable to settle by agreement.
(2) 6
[An application to a Commissioner] may be made in such form and shall be accompanied by such
fee, if any, as may be prescribed, and shall contain, in addition to any particulars which may be
prescribed, the following particulars, namely:—
(a) a concise statement of the circumstances in which the application is made and the relief or
order which the applicant claims;
(b) in the case of a claim for compensation against an employer, the date of service of notice of
the accident on the employer and, if such notice has not been served or has not been served in due
time, the reason for such omission;
(c) the names and addresses of the parties; and
(d) 5
[except in the case of an application by dependants for compensation] a concise statement of
the matters on which agreement has and 7
[of] those on which agreement has not been come to.
(3) If the applicant is illiterate or for any other reason is unable to furnish the required information in
writing, the application shall, if the applicant so desires, be prepared under the direction of the
Commissioner.
STATE AMENDMENT
Uttar Pradesh
Amendment of section 22 of Act No. 8 of 1923.—In section 22 of the Employees’ Compensation
Act, 1923, in sub-section (1-A) the following proviso shall be inserted at the end, namely:--
1. Ins. by Act 9 of 1938, s. 9.
2. Second proviso omitted by s. 10, ibid. (w.e.f.15-9-1995).
3. Ins. by Act 15 of 1933, s. 14.
4. Subs. by Act 30 of 1995, s. 11, for certain words (w.e.f.15-9-1995).
5. Ins. by Act 15 of 1933, s. 15.
6. Subs. by s. 15, ibid., for “where any such question has arisen, the application”.
7. Subs. by Act 37 of 1925, s. 2 and the First Schedule, for “on”.
24
“Provided that if an application is not made before the Commissioner by an employee or by
dependent or dependents thereof within a period of ninty days from the date of the occurrence of the
accident, then without prejudice to the right conferred to an employee or dependent or dependents thereof
under this act or the rules made thereunder, such application may be filed by an officer authorized by the
State Government in this behalf for the purpose of compensation to be paid to such employee or
dependent or dependents thereof;
Provided further that where it comes to the notice of the Commissioner that applicant for
compensation arising out of same accident has been filed by both the employee or dependent or
dependents thereof and by the officer referred to in the first proviso, the Commissioner shall club both the
applications and decide the same by single order without prejudice to the right of such employee or
dependents thereof.”
[Vide Uttar Pradesh Act 27 of 2018, s. 2]
1
[22A. Power of Commissioner to require further deposit in cases of fatal accident.—(1) Where
any sum has been deposited by an employer as compensation payable in respect of a 2
[employee] 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.
(2) 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.]
23. Powers and procedure of Commissioners.—The Commissioner shall have all the powers of a
Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence on
oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of
witnesses and compelling the production of documents and material objects, 3
[and the Commissioner
shall be deemed to be a Civil Court for all the purposes of 4
[section 195 and of Chapter XXVI of the Code
of Criminal Procedure, 1973 (2 of 1974)].
5
[24. Appearance of parties.—Any appearance, application or act required to be made or done by
any person before or to a Commissioner (other than an appearance of a party which is required for the
purpose of his examination as a witness) may be made or done on behalf of such person by a legal
practitioner or by an official of an Insurance Company or a registered Trade Union or by an Inspector
appointed under sub-section (1) of section 8 of the Factories Act, 1948 (63 of 1948), or under sub-section
(1) of section 5 of the Mines Act, 1952 (35 of 1952), or by any other officer specified by the State
Government in this behalf, authorised in writing by such person, or, with the permission of the
Commissioner, by any other person so authorised.]6
25. Method of recording evidence.—The Commissioner shall make a brief memorandum of the
substance of the evidence of every witness as the examination of the witness proceeds, and such
memorandum shall be written and signed by the Commissioner with his own hand and shall form part of
the record:
Provided that, if the Commissioner is prevented from making such memorandum, he shall record the
reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation
and shall sign the same, and such memorandum shall form part of the record:
1. Ins. by Act 15 of 1933, s. 16.
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
3. Ins. by Act 5 of 1929, s. 5.
4. Subs. by Act 30 of 1995, s. 12, for certain words (w.e.f.15-9-1995).
5. Subs. by Act 8 of 1959, s. 14, for s. 24 (w.e.f.1-6-1959).
6. In the application of the Act to Bengal, new ss. 24A and 24B have been ins. here by Ben. Act 6 of 1942, s. 4.
25
Provided further that the evidence of any medical witness shall be taken down as nearly as may be
word for word.
1
[25A. Time limit of disposal of cases relating to compensation.—The Commissioner shall dispose
of the matter relating to compensation under this Act within a period of three months from the date of
reference and intimate the decision in respect thereof within the said period to the employee.]
26. Costs.—All costs, incidental to any proceedings before a Commissioner, shall, subject to rules
made under this Act, be in the discretion of the Commissioner.
27. Power to submit eases.—A Commissioner may, if he thinks fit, submit any question of law for
the decision of the High Court and, if he does so, shall decide the question in conformity with such
decision.
28. Registration of Agreements.—(1) Where the amount of any lump sum payable as compensation
has been settled by agreement, whether by way or redemption of a half-monthly payment or otherwise, or
where any compensation has been so settled as being payable 2
[to a woman or a person under a legal
disability] 3*** a memorandum thereof shall be sent by the employer to the Commissioner, who shall, on
being satisfied as to its genuineness, record the memorandum in a register in the prescribed manner:
Provided that—
(a) no such memorandum shall be recorded before seven days after communication by the
Commissioner of notice to the parties concerned;
4*****
(c) the Commissioner may at any time rectify the register;
(d) where it appears to the Commissioner that an agreement as to the payment of a lump sum
whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the
amount of compensation payable 5
[to a woman or a person under a legal disability] 6*** ought not to
be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having
been obtained by fraud or undue influence or other improper means, he may refuse to record the
memorandum of the agreement 7
[and may make such order] including an order as to any sum already
paid under the agreement, as he thinks just in the circumstances.
(2) An agreement for the payment of compensation which has been registered under sub-section (1)
shall be enforceable under this Act notwithstanding anything contained in the Indian Contract Act, 1872
(9 of 1872), or in any other law for the time being in force.
29. Effect of failure to register agreement.—Where a memorandum of any agreement the
registration of which is required by section 28, is not sent to the Commissioner as required by that
section, the employer shall be liable to pay the full amount of compensation which he is liable to pay
under the provisions of this Act, and notwithstanding an thing contained in the proviso to sub-section (1)
of section 4, shall not, unless the Commissioner otherwise directs, be entitled to deduct more than half of
any amount paid to the 8
[employee] by way of compensation whether under the agreement or otherwise.
30. Appeals.—(1) An appeal shall lie to the High Court from the following orders of a
Commissioner, namely:—
1. Ins. by Act 45 of 2009, s. 9 (w.e.f.18-1-2010).
2. Subs. by Act 5 of 1929, s. 6, for certain words.
3. The words “or to a dependant” omitted by Act 7 of 1924, s. 3 and the Second Schedule.
4. Clause (b) omitted by Act 5 of 1929, s. 6.
5. Subs. by Act 5 of 1929, s. 6, for certain words.
6. The words “or to any dependant” omitted by Act 7 of 1924, s. 3 and the Second Schedule.
7. Subs. by Act 7 of 1924, s. 2 and Sch. I, for “or may make such order”.
8. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
26
(a) an order awarding as compensation a lump sum whether by way of redemption of a halfmonthly payment or otherwise or disallowing a claim in full or in part for a lump sum;
1
[(aa) 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 dependants of a deceased
6
[employee], or disallowing any claim of a person alleging himself to be such dependant;
(d) an order allowing or disallowing any claim for the amount of an indemnity under the
provisions of sub-section (2) of section 12; or
(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:
Provided that 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 2
[ten thousand rupees or such higher amount as the Central
Government may, by notification in the Official Gazette, specify]:
Provided, further, that no appeal shall lie 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
[Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of
appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited
with him the amount payable under the order appealed against.]
(2) The period of limitation for an appeal under this section shall be sixty days.
(3) The provisions of section 5 of 4
[the Indian Limitation Act, 1963 (36 of 1963)] shall be applicable
to appeals under this section.
30A.[Withholding of certain payments pending decision of appeal].—Omitted by the Employee’s
Compensation (Amendment) Act 2017, s. 5 (w.e.f. 15-5-2017).
31. Recovery.—The Commissioner may recover is 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,
and the Commissioner shall be deemed to be a public officer within the meaning of section 5 of the
Revenue Recovery Act, 1890 (1 of 1890)5
.