Proceedings before the Commissioner

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Procedure in the proceedings before the commissioner

Under section 20 of the Act, procedure in the proceedings before the commissioner. As amended by the Workmen’s Compensation (Amendment) Act, 2009 provides that the State Government may, by notification in the Official Gazette. Appoint any person who is or has been a member of a State Judicial Service for a period of not less than five years or is or has been for not less than five years an advocate.

Also, a Gazetted Officer for minimum five years, having educational qualifications and experience in personnel management. Also, for Employee’s Compensation human resource development and industrial relations to be a Commissioner. For such area as may be specified in the notification. Hence, the Government may by general or special order regulate the distribution of business between them. Where more than one Commissioner has been appointed for any area.

Therefore, within the meaning of the Indian Penal Code, every Commissioner shall be deemed to be a public servant. Thus, section 20, empowers the Commissioner to appoint or choose any person, possessing special knowledge of any matter relevant to the matter under inquiry, to assist him in holding the inquiry.

• Appointment of Commissioners
• Reference to Commissioner and his jurisdiction
• Jurisdiction of Civil Court barred
• Venue of proceedings and transfer
• Form of application
• Power of the Commissioner to require a further deposit in case of a fatal accident
• Powers and procedure of Commissioners
• Appearance of parties
• Method of recording evidence
• Time Limit for disposal of cases relating to compensation
• Costs
• Power to submit cases
• Registration of agreements
• Effect of failure to register agreement

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