32. Power of the State Government to make rules.—(/) The 6
[State Government] may make rules7
to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) for prescribing the intervals at which and the conditions subject to which an application for
review may be made under section 6 when not accompanied by a medical certificate;
1. Ins. by Act 8 of 1959, s. 15 (w.e.f.1-6-1959).
2. Subs. by Act 11 of 2017, s. 4, for “three hundred rupees” (w.e.f.15-5-2017).
3. Ins. by Act 15 of 1933, s. 17.
4. Subs. by Act 30 of 1995, s. 13, for certain words (w.e.f.15-9-1995).
5. In the application of the Act to Bengal, a new s. 31A has been ins. here by the Bengal Touts Act, 1942 (Ben. 5 of 1942), s. 12.
6. Subs. by the A. O. 1937, for “G. G. in C”,
7. For the Workmen’s Compensation Rules, 1924, see Gazette of India, 1924, Pt. I, p 586.
27
(b) for prescribing the intervals at which and the conditions subject to, which a 1
[employee] may
be required to submit himself for medical examination under sub-section (1) of section 11;
(c) for prescribing the procedure to be followed by Commissioners in the disposal of cases under
this Act and by the parties in such cases;
(d) for regulating the transfer of matters and cases from one Commissioner to another and the
transfer of money in such cases;
(e) for prescribing the manner in which money in the hands of a Commissioner may be invested
for the benefit of dependants of a deceased 7
[employee] and for the transfer of money so invested
from one Commissioner to another;
(f) for the representation in proceedings before Commissioners of parties who are minors or are
unable to make an appearance;2
(g) for prescribing the form and manner in which memoranda of agreements shall be presented
and registered;
(h) for the withholding by Commissioners, whether in whole or in part of half-monthly payments
pending decision on applications for review of the same;3***
2* * * * *
2
[(i) for regulating the scales of costs which may be allowed in proceedings under this Act;
(j) for prescribing and determining the amount of the fees payable in respect of any proceedings
before a Commissioner under this Act;
(k) for the maintenance by Commissioners of registers and records of proceedings before them;
(l) for prescribing the classes of employers who shall maintain notice-books under
sub-section (3) of section 10, and the form of such notice-books;
(m) for prescribing the form of statement to be submitted by employers under section 10A; 4***
(n) for prescribing the cases in which the report referred to in section 10B may be sent to an
authority other than the Commissioner;]
5
[(o) for prescribing abstracts of this Act and requiring the employers to display notices
containing such abstracts;
(p) for prescribing the manner in which diseases specified as occupational diseases may be
diagnosed;
(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.]
6
[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the
State Legislature].
33.[Power of Local Government to make rules.] Rep. by the A.O. 1937.
34. Publication of rules.—(1) The power to make rules conferred by 7
[section 32] shall be subject to
the condition of the rules being made after previous publication.
(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act,
1897 GO of 1897); as that after which a draft of rules proposed to be made under section 32 8*** will be
taken into consideration, shall not be less than three months from the date on which
the draft of the proposed rules was published for general information.
1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
2. In the application of the Act of Bengal, new clauses (ff), (ff1) and (ff2) have been ins. here by Ben, Act 6 of 1942, s. 5.
3. The word “and” at the end of cl. (h) and the original cl. (i) omitted, and the new cls, (i) to (n), which were the same as cls, (a)
to (f) of s. 33, ins. by the A. O. 1937.
4. The word “and” omitted by Act 58 of 1960, s. 3 and the Second Schedule.
5. Ins. by Act 8 of 1959, s. 16 (w.e.f.1-6-1959).
6. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f.15-5-1986).
7. Subs. by the A.O. 1937, for “sections 32 and 33”.
8. The words and figures “or section 33” rep.; ibid.
28
(3) Rules so made shall be published in 1*** the Official Gazette 2*** and, on such publication, shall
have effect as if enacted in this Act.
3
[35. Rules to give effect to arrangements with other countries for the transfer of money paid as
compensation.—4
[(1)] The Central Government may by notification in the Official Gazette, make rules
for the transfer 5*** 6
[to any foreign country] of money 7
[deposited with] a Commissioner under this Act
8
[which has been awarded to or may be due to], any person residing or about to reside in 9
[such foreign
country] and for the receipt 10[distribution] and administration in 11[any State] of any money 12[deposited]
under the law relating to Workmen’s compensation 13*** 14[in any foreign country], 15[which has been
awarded to, or may be due to] any person residing or about to reside in 11[any State]:]
10[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-section (4) and (5) of
section 8.]
(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.
16[36. 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 17[two or more successive sessions, and if, before the expiry of the session immediately following the
session or 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.]