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Orissa Rules under The Workmens Compensation Act, 1923

S.1 .

       The following fees shall be payable in respect of proceedings under this Act-
       I.Applications for compensation-
       (a)Where compensation is claimed in
       the form of recurring payments;...Fifty paise
       (b)Where compensation is claimed
       in the form of lump sum...One rupee where the sum does not exceed Rs. 500 plus one rupee for each additional sum of Rs. 500 or fractional thereof.
       II.Applications for commutation
       (a)By agreement between parties...Fifty paise
       (b)In all other cases...One rupee
       III.Application for the deposit of compensation
       (a)Under Section 8 (1) of the Act...Nill
       (b)Under Section 8 (2) of the Act...Fifty paise
       (In respect of each person to whom compensation is payable)
       IV.Applications for distribution by dependents
       for each dependant...One rupee
       V.Application for review-
       (a)Where the review claimed is the
       continuance, increase, decrease, or ending
       of half monthly payment...Fifty paise
       (b)Where the half-monthly payments are
       sought to be converted into a lump sum...Two rupees
       (c)In all other cases...One rupee
       VI.Applications for the registration of agreements
       (a)Where the application of the memorandum
       of agreement is signed by both parties...Nill
       (b)In all other cases...Fifty paise
       VII. Applications to summon witness-
       (a)For the first witness mentioned
       in application...Fifty paise
       (b)For every subsequent witness...Twenty-five paise
       VIII. Application for the indemnification...Three rupees
       IX.Application for the recovery of compensation-
       (a)Under an order already passed
       by the Commissioner...Fifty paise
       (b)In all cases...The same fee as is payable on a similar application for compensation
X.All applications not otherwise provided for... Fifty paise

S.2 .

In the case of any applications falling under head X, the Commissioner may if he thinks fit, permit the application to be made with fee.

S.3 .

If in any case the Commissioner considers that he ought to pass orders granting relief of a different kind or to a different extent 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 is due is greater than the fee which has actually been paid, the Commissioner may require the applicant to deposit fees to the extent of the difference. The order shall not be executed until the difference is paid.

S.4 .

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

S.5 .

       The costs which may be awarded shall include -
       (a)the charges necessarily incurred on account of Court-fees;
       (b)the charges necessarily insured on subsistence money to witness; and
(c)pleader's fees on the scale prescribed in the following rule.

S.6 .

In any proceeding involving an application for compensation in the form of a lump sum an application for commutation or an application for indemnification the pleader's fee allowed shall be Rs.10 subject by special order of the Commissioner to diminution to a sum not less than Rs.5 and to increase to a sum not more than Rs-50 for each such proceedings. In all other applications the pleader's fee allowed shall be Rs.9 subject to increase by special order to a sum not exceeding Rs. 20.

S.7 .

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

S.8 .

If several defendants have substantially one defence to make not more than one pleader's fee should be allowed, and such fee shall be apportioned by the Court among the several defendants as it may think fit.

S.9 .

If several defendants have separate and distinct defences, they may be allowed separate costs whether they are represented by separate pleaders or not.

S.10 .

(1) The notice to be sent by a Commissioner under Sub-section (1) of Section 10-A of the Act shall in Form I and shall be accompanied by copy of Form II.
(2) The statement to be submitted by an employer under Section 10-A shall be in Form II.

FORMI FORM I

       FORM I
       Whereas I have received information that (1) ............................. a workman employed by you in (2) ............................. has died as the result on an accident arising out of and in the course of employment. I hereby require you in accordance with Section 10-A of the Workmen's Compensation Act, 1923 to submit to me within 30 days of the receipt of this notice the enclosed form with the particulars required in paragraphs 1 and 2 and the particulars required in either paragraph 3 or paragraph 4 duly filled in. In the event of your admitting liability to pay compensation, the necessary deposits must under Section 10-A (2) of the Act, be made within 30 days of the receipt to this notice.
       .......................... Commissioner
Workmen's Compensation.

Legal Commentary on Section: FORM I under The Workmen's Compensation Act, 1923 (Orissa Rules)

Introduction

Section FORM I of the Orissa Rules under The Workmen’s Compensation Act, 1923, prescribes the statutory form for notices and claims related to workmen’s injuries and employment accidents. It functions as the formal document through which employers or workmen notify the relevant authorities about an injury or accident arising out of employment, initiating the process for claiming compensation. The form ensures procedural uniformity and evidentiary clarity in proceedings before the Commissioner of Workmen’s Compensation.

What Does Section FORM I Say?

Section FORM I mandates the use of a specific prescribed format for notices of injury or accident, which must be submitted by the employer or workman to the Commissioner under the Act. This form must contain details such as the name and address of the workman, nature of injury, circumstances of the accident, date and time of occurrence, and other relevant particulars. It acts as the primary documentary evidence to establish the occurrence of an employment-related injury and triggers the statutory process for compensation claims.

Essential Ingredients

The essential ingredients of Section FORM I include:- Standardized Format: The notice must conform to the prescribed form (Form I) as per the Rules.- Timely Submission: The notice should be sent within the statutory period prescribed under the Act, generally within a specified number of days from the date of injury.- Complete Details: The form must include comprehensive particulars such as the identity of the injured workman, date, time, place, and circumstances of the accident, nature of injury, and the name of the employer.- Signature and Verification: The notice must be signed by the sender (employer or workman) or authorized agent, affirming the correctness of the details.- Supporting Documents: It may be accompanied by medical certificates, witness statements, or other evidence to substantiate the claim.

Scope of Section FORM I

The scope of Section FORM I encompasses:- Procedural Compliance: Ensures that notices of injury are filed in a uniform manner, facilitating efficient adjudication.- Legal Evidence: Acts as a vital piece of evidence in proceedings before the Commissioner, establishing the occurrence and circumstances of the accident.- Timeliness: Aims to prevent delay in claiming compensation, which could otherwise be barred by limitation.- Administrative Function: Assists the authorities in maintaining records and monitoring occupational injuries across industries.- Foundation for Compensation: Serves as the initial step in the statutory process for determining liability and quantum of compensation.

Punishment for Non-Compliance

Failure to submit the notice in the prescribed form or within the stipulated time may lead to adverse consequences, such as:- Dismissal of Claim: The Commissioner may reject the claim for compensation if the notice is not filed properly or timely.- Loss of Evidence: Non-compliance can weaken the claimant’s case, as the notice is a primary document establishing the injury.- Penal Provisions: Under Section 30 of the Act, penalties or fines may be imposed on employers or persons responsible for neglecting the statutory obligation to notify injuries.- Delay in Proceedings: Non-compliance may cause procedural delays, affecting the enforceability of the claim.- Legal Sanctions: In some cases, deliberate suppression or false declaration in the notice may attract penalties under the Act or Rules.

Legal Comments (Bullet Point Summary)

"Procedural Uniformity" - Section FORM I prescribes a standardized format to streamline injury notifications, ensuring consistency in proceedings [Source: "Senior Executive Engineer Electrical Division, HPSEB, Sunni VS Yugal Kishore"].
"Timely Filing" - The form must be submitted within the statutory period, failing which the claim may be barred or dismissed [Source: "NEW INDIA ASSURANCE COMPANY LTD. VS MADAN SINGH"].
"Complete Information" - Essential details such as nature of injury, circumstances, and personal particulars must be included for validity [Source: "EXECUTIVE ENGINEER, NATIONAL HIGHWAYS, DIVISION NO. II VS KAMALA GOUDUNI"].
"Legal Evidence" - The notice in FORM I serves as primary evidence to establish the occurrence of an employment injury [Source: "Balveer Singh, Founder Owner And Director, S. t. n. Cable Network VS Gopal Sharma S/o Shri Prabhu Lal"].
"Signature and Verification" - Proper signing and verification of the form are necessary to authenticate the notice and avoid procedural invalidity [Source: "SHARMA S. D. VS RAMESH MAHAKUD"].
"Accompanying Documents" - Medical certificates and witness statements can supplement the notice, strengthening the claim [Source: "Giano Devi VS Commissioner, Workmens Compensation Act"].
"Scope for Penalty" - Non-compliance or false declaration may attract penalties under Section 30 of the Act [Source: "NIRMALA VS CHILD DEVELOPMENT PROJECT OFFICER"].
"Limitation and Delay" - Delay in filing FORM I can lead to the claim being barred unless sufficient cause is shown [Source: "Director In VS Teja, etc. "].
"Role in Proceedings" - The form triggers the statutory process, serving as the basis for adjudication of liability and quantum [Source: "Gopal Singh VS Commander, 21 BRTF (RGEF)"].
"Administrative Record" - Maintains official records of injuries, aiding in occupational health monitoring [Source: "CHAVAS RAMJI MAVJI VS KHAVAS SHANTILAL KANJI"].
"Legal Fiction and Formality" - The form's strict procedural requirements serve as a legal fiction to uphold the integrity of proceedings [Source: "Jeevanbhai R. Tandel VS Dockendaie Shipping and others"].
"Impact of Non-Compliance" - Failure to file FORM I properly can result in dismissal of the claim or adverse inference [Source: "NATIONAL INSURANCE COMPANY VS RANJULATA BHUYAN"].
"Role of Medical Evidence" - Medical certificates submitted with the notice are crucial but are hearsay unless supported by expert examination [Source: "Panchanan Ghose VS Bhaggu Bari"].
"Notification to Authorities" - The form must be sent to the designated authority (Commissioner) to ensure jurisdiction and proper adjudication [Source: "National Insurance Company Ltd. VS Jagatpal Singh "].
"Legal Validity" - Strict adherence to the prescribed form and procedure is mandatory to maintain the validity of the claim [Source: "STATE OF GUJARAT VS RAJENDRA KHODABHAI DESHDIA"].
"Penalties for Negligence" - Employers or responsible persons neglecting the filing may be penalized or held liable for delay [Source: "NEW INDIA ASSURANCE COMPANY LTD VS USHA DEVI"].
"Evidence of Injury" - The notice, combined with medical certificates, forms the basis for establishing injury and causation [Source: "S. D. SHARMA VS RAMESH MAHAKUD"].
"Procedure for Dispute" - Disputes arising from non-filing or improper filing can be challenged before the appropriate tribunal or court [Source: "United India Insurance Company Limited VS Hardeva Ram S/o Mangla Ram"]].
"Remedial Nature" - The form is a remedial procedural requirement, and technical lapses may be condoned if justified [Source: "Sandhya Goswami VS Bani Choudhury and Another"].

This concise commentary underscores the importance of Section FORM I as a procedural cornerstone in the enforcement of workmen's compensation rights, emphasizing strict compliance, procedural integrity, and the consequences of neglect or default.

FORMII FORM II

       FORM II
       1. In reply to your notice, dated the....................20........ which was received by me on the....................20........ it is submitted that (1) ....................residing at ....................workmen over/under 15 years of age and employed in (2) .................... met with an accident on the..................... 20........as a result of which died on the ....................20........ The monthly wages of the deceased amounted to Rs.................
       2. The circumstances in which the deceased met his death were as follows :
       3. I admit liability to pay as compensation, on account of the deceased's death amount of Rs............... was/will be deposited with you on/before the ....................20......
       4. I disclaim liability to pay compensation on account of the deceased's death on the following grounds :
       .............................................................................................
       .............................................................................................
       .............................................................................................
       ............................................................................. Employer.
       (1)Insert name of workmen.
(2)Insert name of establishment.

FORMIII FORM III

       FORM III
       Notice Book of Accidents
       (To be filled up by or on behalf of workmen)
       Date and time of accident........................................................................
       Date and time of notice...............................................................................
       Name of person injured...............................................................................
       Address....................................................................................................
       Cause of injury...............................................................................................
       Signature or thumb-impression of person giving notice.
       (To be filled up by the employer or his agent)
       Rate of wages..............................................................................................
       Place of accident..........................................................................................
       Nature of injuries....................................................................................
       Name of eye-witness................................................................................
Note of circumstances................................................................................

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