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Section 32 – Workmen’s Compensation Act, 1923

Workmen’s Compensation Act, 1923

 

 

32. Power of the State Government] to make rules.—

 

32. Power of the 1[State Government] to make rules.—(1) The 1[State Government] may make rules 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;

 

(b) for prescribing the intervals at which and the conditions subject to which a workman 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 workman 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;

 

(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; 2[***].

3[***]

 

4[(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 10 A;5[***]

 

(n) for prescribing the cases in which the report referred to in section 10B may be sent to an authority other than the Commissioner;]

 

6[(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.]

 

7[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.]

 

State Amendment

 

West Bengal.—In section 32, in sub-section (2), after clause (f), insert the following clauses, namely:—

 

“(ff) for prescribing the procedure relating to the refence of medical questions to medical referees under sub-section (1) of section 24A;

 

(ff-1) for regulating the procedure relating to the medical examination of a workman by or under the personal direction of a medical referee and the submission of the report of such medical referee, under sub-section (2) of section 24A;

 

(ff-2) for prescribing and determining the fees and expenses payable in connection with references of medical questions to medical referees under sub-section (1) of section 24A.”

 

[Vide Bengal Act 6 of 1942, sec. 5 (w.e.f. 19-11-1942).]

 

—————————–

1. The words “G.G. in C.” successively substituted by the A.O. 1937 and the A.O. 1950 to read as above.

 

2. The word “and” omitted by the A.O. 1937.

 

3. Clause (i) omitted by A.O. 1937.

 

4. Clauses (a) to (f) of section 33 after being re-lettered as clauses (i) to (n) respectively were added to sec. 32 by A.O. 1937.

 

5. The word “and” ins. by A.O. 1937 and omitted by Act 58 of 1960, sec. 3 and Sch. II.

 

6. Ins. by Act 8 of 1959, sec. 16 (w.e.f. 1-6-1959).

 

7. Ins. by Act 4 of 1986, sec. 2 and Sch. II (w.e.f. 15-5-1986).

 

 

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Workmen’s Compensation Act, 1923

 

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