Chapter IV
RULES
32. Power of the State Government to make rules.
32. Power of the State Government to make rules.—(1) The [i][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 [ii][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 [iii][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 minor 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; [iv][* * *]
[v][* * *]
[vi][(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; [vii][* * *]
(n) for prescribing the cases in which the report referred to in Section 10-B may be sent to an authority other than the Commissioner;]
[viii][(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.]
[ix][(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.
33. Power of Local Government to make rules.—[Rep. by the A. O. 1937].
34. Publication of rules.
34. Publication of rules.—(1) The power to make rules conferred by [x][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 (10 of 1897), as that after which a draft of rules proposed to be made under Section 32 [xi][* * *] 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.
(3) Rules so made shall be published in [xii][* * *] the Official Gazette [xiii][* * *] and, on such publication, shall have effect as if enacted in this Act.
35. Rules to give effect to arrangements with other countries for the transfer of money paid as compensation.
[xiv][35. Rules to give effect to arrangements with other countries for the transfer of money paid as compensation.—[xv][(1)] The Central Government may, by notification in the Official Gazette, make rules for the transfer [xvi][* * *] [xvii][to any foreign country] of money [xviii][deposited with] a Commissioner under this Act [xix][which has been awarded to or may be due to], any person residing or about to reside in [xx][such foreign country] and for the receipt [xxi][, distribution] and administration in [xxii][any State] of any money [xxiii][deposited] under the law relating to [xxiv][employees’] compensation [xxv][* * *] [xxvi][* * *] [xxvii][in any foreign country], [xxviii][which has been awarded to, or may be due to] any person residing or about to reside in [xxix][any State]:
[xxx][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-sections (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.]
36. Rules made by Central Government to be laid before Parliament.
[xxxi][36. Rules made by Central Government to be laid before Parliament.—Every rule made under this Act by 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 [xxxii][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 this rule.]
References
[i] The words “G.-G. in C.” successively Substituted by the A. O. 1937 and the A. O. 1950, to read as above.
[ii] Substituted for “workman” by Act 45 of 2009, S. 5 (w.e.f. 18-1-2010).
[iii] Substituted for “workman” by Act 45 of 2009, S. 5 (w.e.f. 18-1-2010).
[iv] The words “and” at the end of cl. (h) and the original cl. (i) omitted by the A. O. 1937.
[v] The original cl. (i) omitted by the A. O. 1937.
[vi] Cls. (a) to (f) of S. 33 after being relettered as cls. (i) to (n) respectively were added to S. 32 and the rest of S. 33 was omitted by the A. O. 1937.
[vii] The word “and” Inserted by the A. O. 1937, omitted by Act 58 of 1960, S. 3 and Sch. II.
[viii] Inserted by Act 8 of 1959, S. 16 (w.e.f. 1-6-1959).
[ix] Inserted by Act 4 of 1986 (w.e.f. 15-5-1986).
[x] Substituted by the A. O. 1937 for “Ss. 32 and 33”.
[xi] The words and figures “or S. 33” omitted by the A. O. 1937.
[xii] The words “the Gazette of India or” omitted by the A. O. 1937.
[xiii] The words “as the case may be” omitted by the A. O. 1937.
[xiv] Inserted by Act 15 of 1933, S. 20.
[xv] S. 35 renumbered as sub-section (1) of that section by Act 7 of 1937, S. 2.
[xvi] The words and letter “to any Part B State or” omitted by Act 3 of 1951, S. 3 and Sch.
[xvii] Substituted by Act 22 of 1984, S. 5 (w.e.f. 1-7-1984).
[xviii] Substituted by Act 7 of 1937, S. 2, for “paid to”.
[xix] Substituted by Act 7 of 1937, S. 2, for “for the benefit of”.
[xx] Substituted by Act 22 of 1984, S. 5 (w.e.f. 1-7-1984).
[xxi] Inserted by Act 7 of 1937, S. 2.
[xxii] Substituted by Act 3 of 1951, S. 3 and Sch. for “a Part A State or Part C State”.
[xxiii] Substituted by Act 7 of 1937, S. 2, for “awarded”.
[xxiv] Substituted for “workmen’s” by Act 45 of 2009, S. 5 (w.e.f. 18-1-2010).
[xxv] The words and letter “in any Part B State” omitted by Act 3 of 1951, S. 3 and Sch.
[xxvi] The word “or” omitted by Act 36 of 1957, S. 3 and Sch. II.
[xxvii] Substituted by Act 22 of 1984, S. 5 (w.e.f. 1-7-1984).
[xxviii] Substituted by Act 7 of 1937, S. 2, for “and applicable for the benefit of”.
[xxix] Substituted by Act 3 of 1951, S. 3 and Sch. for “a Part A State or Part C State”.
[xxx] Added by Act 7 of 1937, S. 2.
[xxxi] Added by Act 64 of 1962.
[xxxii] Substituted by Act 65 of 1976 (w.e.f. 21-5-1976).
Disclaimer: While due care has been taken to provide the latest and correct information, please consult the official sources to get the most authentic and updated version.
Facebook Comments
[Note: For a free legal question with your Facebook login, click here.]
SHARE & LIKE Tweet
