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Section 22 – Workmen’s Compensation Act, 1923

Workmen’s Compensation Act, 1923

 

 

22. Form of application..—

 

22. Form of application.—1[(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 Commissioner 2[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) 3[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) 4[except in the case of an application by dependants for compensation] a concise statement of the matters on which agreement has and 5[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.

 

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1. Subs. by Act 30 of 1995, sec. 11, for “(1) No application for the settlement” (w.e.f. 15-9-1995).

 

2. Ins. by Act 15 of 1933, sec. 14.

 

3. Subs. by Act 15 of 1933, sec. 15, for “Where any such question has arisen, the application”.

 

4. Ins. by Act 15 of 1933, sec. 15.

 

5. Subs. by Act 37 of 1925, sec. 2 and Sch. I, for “on”.

 

 

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Workmen’s Compensation Act, 1923

 

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