The Bombay Workmens Compensation Rules, 1934

The Bombay Workmens Compensation Rules, 1934

Preliminary

Rule 1: Short title

These rules may be called the Bombay Workmens Compensation Rules, 1934.

Rule 2: Definitions

In these rules, unless there is anything repugnant in the subject or context,-

(a) "The Act" means the Workmens Compensation Act, 1923.

(b) "Form" means a form appended to these rules.

(c) "Section" means a section of the Act.

Scales of costs and the fees payable in respect of proceedings before a Commissioner

Rule 3: Cost

(1) Where the Commissioner directs that any costs shall not follow the event, he shall state his reasons in writing.

(2) The costs which may be awarded shall include-

(a) the charges necessarily incurred on account of court fees;

(b) the charges necessarily incurred on subsistence money to witnesses; and

(c) pleaders' fees on the scale prescribed in the following rule.

(3)(a) In any proceeding involving an application for compensation in the form of a lumpsum, an application for review or an application for indemnification, the fee allowed shall be Rs. 25 subject to a special order of the Commissioner to diminution to a sum not less than Rs. 15 and to increase to a sum not more than Rs. 150 for each such proceeding. In all other applications, the fee allowed shall be Rs. 15 subject to increase by special order to a sum not exceeding Rs.50.

(b) No fee shall be charged in excess of the amount determined under clause (a).

(4) When a party engages more pleaders than one to conduct or defend a case, he shall be allowed one set of costs only.

(5) When several defendants having substantially one defence to make employ several pleaders, they shall be allowed one set of costs only. In such cases, it will be for the applicant, at the time of hearing, to ask for a direction of the Court that separate costs be not allowed.

(6) When two or more defendants having separate substantial defenses have engaged the services of one pleader, they shall be allowed separate sets of costs. In this case, it will be for the defendants interested to apply at the hearing for separate costs.

(7) When several defendants having separate defenses are represented by separate pleaders, they shall be entitled to separate costs.

(8) The Commissioner shall, out of the amount deposited as compensation and costs, arrange to disburse the amount of compensation and costs in accordance with the order made in that behalf.

Rule 4: Fees

The fees specified in column 3 of the subjoined schedule shall be payable in respect of the proceeding mentioned in the second column of the said schedule

Rule 5: Applicant may be required to deposit excess fees

If in any case the Commissioner considers that he ought to pass orders granting relief of a different kind or to a different extend from that claimed by the applicant, and if the fee which would have been payable by the applicant on an application for the relief which the Commissioner considers to be due is greater than the fee which has actually been paid the Commissioner may require the applicant to deposit fees to the extend of the difference.

Maintenance of Registers, Language of Court Records, Certified Copies And Allowance To Witnesses

Rule 6: Register of applications

All application presented to the Commissioner shall be registered in a register in From A.

Rule 7: Register of fatal accidents

Every Commissioner shall maintain a separate register in From B of fatal accidents which come to his knowledge either on account of deposits made by or on behalf of employees or applications made by dependants of a deceased workman for an order for deposit and payment of compensation.

Rule 8: Register of non-fatal accidents

Every Commissioner shall maintain a separate register in From C of non-fatal accidents which come to his knowledge in any of the following ways:-

(1) On account of applications for registration of memoranda of agreements.

(2) On account of applications for commutation of half- monthly payments.

(3) On account of amount of compensation deposited with the Commissioner under section 8(2).

(4) On account of applications for settlement of claim made by the injured workman.

Rule 9: Language of the record

The record of the Commissioner shall be kept in the English language.

Rule 10: Supply of certified copies to parties

Certified copies of any paper in any proceeding before a Commissioner should be supplied to parties in accordance with the rules in Chapter XIII (in so far as they are consistent with the Act) of the Manual of Circulars issued by the High Court of Bombay for the guidance of Civil Courts.

Rule 11: Allowance to witnesses

In cases where a Commissioner has to issues him summons to a witness either at the instance of a party to a proceedings before or on his own initiative, the allowances to be paid to the witness shall be on the same scales as obtains in the Court of Small Causes.

Chapter IV

Rule 12: Fees to assessors

Where in pursuance of the provisions of section (2) of section 20 any person possessing special knowledge of any matter relevant to the case under inquiry is chosen by the Commissioner to assist him in holding the same, he shall be entitled to such fee as the Commissioner may fix, subject to a maximum of rupees fifty and a minimum of rupees twenty:

Provided that he shall be entitled to an additional fee of rupees ten-

(a) for each extra case if he is required to sit in more than one case on the same day; and

(b) for each of the second and third days of any one case.

Chapter V

Rule 13: Notice Under Section 10-A and The Statement By the Employer in Reply Thereto

The notice sent by a Commissioner under sub-section (1) of section 10-A shall be in Form D and shall be accompanied by a copy of Form E

Rule 14: Notice Under Section 10-A and The Statement By the Employer in Reply Thereto

The statement submitted by an employer under section 10-A shall be in Form E.

Chapter VI

Rule 15: Display of notices containing abstracts of the Act by employers

Notices containing abstracts from the Act together with the designation and full address of the Commissioner shall be displayed by every employer at a conspicuous place near the Time Keeper's office or the main gate through which majority of the workmen employed by them enter, in English and in language understood by the majority of workmen and shall be maintained in a clear and legible condition. The abstracts of the Act shall be in Form 'F'.