Powers of Commissioners under Employees’ Compensation Act, 1923
1. Awarding Compensation: Commissioners have the power to award compensation beyond claimed amounts if the facts warrant such an award.
2. Appearance of Parties: Legal practitioners, insurance company officials, and authorized representatives may appear before the commissioner on behalf of the parties involved.
3. Recording of Evidence: The commissioner makes a written memorandum of the evidence provided during the examination, which becomes part of the official record.
4. Appeals to the High Court: Parties dissatisfied with commissioner decisions may appeal to the High Court under specified circumstances. The scope for appealing against commissioner decisions is limited to substantial questions of law.
5. Condonation of Delay: Condonation of delay allows for the filing of delayed appeals by employees dissatisfied with court decisions.
6. Withholding of Payments and Recovery: Commissioners may withhold the payment of any deposited amounts when employers appeal under specific conditions and as directed by the High Court.
7. Recovery: Commissioners have the authority to recover any amount payable as arrears of land revenue, and they are deemed public officers in cases involving compensation agreements.
In addition to the above powers and procedures, commissioners have certain other Rule making powers as well, such as:
- Power of the State Government to make rules: The state government has rule-making power for various aspects of the act, including intervals for application submission, medical examinations, and procedures for case disposal.
- Publication of Rules: Rules made by the state government are subject to publication conditions and have an effect once published in the Official Gazette.
- Rules made by the Central Government: Rules made by the Central Government are laid before each house of parliament, and modifications can be made within thirty days.
- Transfer of Money to Foreign Countries: The Central Government may make rules for the transfer of compensation money to foreign countries, subject to certain conditions and consent requirements.