[Employee's Compensation
(Transfer of Money) Rules, 1935][1] [13th
March, 1935] In exercise of the powers
conferred by Section 35 of the [2][Employees']
Compensation Act, 1923 (8 of 1923), the Governor-General-in-Council is pleased
to make the following rules for the transfer to any part of His Majesty's
Dominions or to any other country of money paid to a Commissioner under the Act
for the benefit of any person residing or about to reside in such part or
country and for the receipt and administration in British India of any money
awarded under the law relating to [3][Employees']
compensation in any part of His Majesty's Dominions or in any other country,
and applicable for the benefit of any person residing or about to reside in
British India. PART
I GENERAL (1) These rules may be called
the [4][Employee's]
Compensation (Transfer of Money) Rules, 1935. (2) They extend to the whole of
India [* * *][5] In these rules, unless
there is anything repugnant in the subject or context, (a)
“the
Act” means the [6][Employees']
Compensation Act, 1923 (8 of 1923); (b)
“authorised
officer” means any officer whom the State Government may designate either
generally or in respect of any area or class of cases, for the purpose of
performing the functions assigned by these rules to the authorised officer; (bb) [7][*
* *] (c)
“transferring
authority” means any authority in any [8][*
* *] country who transfers or causes to be transferred any lump sum awarded
under the law relating to [9][Employees']
compensation in such [10][*
* *] country and applicable for the benefit of any person residing or about to
reside in India. When any sum is transmitted
by any authority in India to any other authority in accordance with these
rules, the cost of such transmission may be deducted from the sum so
transmitted. Money transmitted by any authority
in India to any other authority in India in accordance with these rules, shall
be transmitted by remittance transfer receipt or by money order. PART
II TRANSFER
OF MONEY PAID TO A COMMISSIONER FOR THE BENEFIT OF ANY PERSON RESIDING OR ABOUT
TO RESIDE IN ANOTHER COUNTRY When the whole or any part
of a lump sum deposited with a Commissioner for payment as compensation under
the Act is payable to any person or persons residing or about to reside in any
other country, the Commissioner may order the transfer to that country of the
sum so payable. When the Commissioner has
ordered the transfer of any sum under Rule 5, he shall cause to be prepared and
shall certify under his hand a memorandum containing a brief statement of the
facts of the case, of the orders passed upon it, and of the name and address of
each person to whom payment is to be made. If the Commissioner is not
himself the authorised officer he shall forward the memorandum in duplicate to
the authorised officer and may either remit the sum to be transferred to
authorised officer or retain it and dispose of it in accordance with the
directions of the authorised officer. If the Commissioner is himself the
authorised officer, he shall proceed as provided in Rule 8. The authorised officer,
after satisfying himself that the memorandum is complete, shall forward it, and
remit or cause to be remitted the sum to which it relates by such means of safe
transmission as he may consider convenient to the authority appointed in this
behalf for the country to which the sum is to be transferred, or if no such
authority has been appointed, to such authority as the State Government may by
general or special order direct, and shall at the same time request the authority
addressed. (a)
to
arrange for payment to be made in accordance with the directions contained in
the memorandum; and (b)
to
furnish him with a report of the action taken upon the memorandum and return
any sum the payment of which is for any reason impossible. (1) The authorised officer
shall, if he is not the Commissioner with whom the matter originated, forward
to such Commissioner a copy of any report received in response to a request
made under Rule 8. (2) Any sum returned in
accordance with Rule 8 shall be disposed of in accordance with the Act. PART
III RECEIPT
AND ADMINISTRATION IN INDIA OF ANY MONEY AWARDED UNDER THE LAW RELATING
TO [11][EMPLOYEES']
COMPENSATION IN ANOTHER COUNTRY (1) The authorised officer
shall be the proper authority to receive moneys from transferring authorities. (2) If any Commissioner or
other Government servant, not being the authorised officer receives any sum
from a transferring authority he shall either forward such sum, together with
any papers relating thereto, to the authorised officer for disposal or obtain
the instructions of the authorised officer as to the disposal of the sum and
papers and act in accordance with his instructions. The authorised officer may
himself dispose of any sum or part of any sum which he receive or which he
assumes control under Rule 10 or may send it or any part of it for disposal to
such Commissioner or Commissioners as he considers proper. All sums received from a
transferring authority shall be disposed of as far as possible in accordance
with the provisions of the Act and the [12][Employee's]
Compensation Rules, 1924: Provided that the
directions, if any, received from the transferring authority as to the manner
in which the sum should be administered shall be complied with. (1) The authorised officer
shall forward to the transferring authority a report showing how the sum
received from him has been disposed of. (2) Any Commissioner, not being
the authorised officer, who has disposed of any part of the sum, shall make a
report in duplicate as to the disposal of that part to the authorised officer,
and, if the sum was received by him from another such Commissioner acting in
accordance with Section 21 of the Act, shall forward his report through that
Commissioner. Any part of the sum
received from the transferring authority which shall have remained undisbursed
after the completion of the proceedings shall be returned to the transferring
authority by, or under the directions of, the authorised officer. [1] Government of India,
Department of Industries and Labour, Noti. No. L-3033, dt. 13-3-1935. [2] Subs. for “Workmen's”
by G.S.R. 1466(E), dt. 28-11-2017 (w.e.f. 28-11-2017). [3] Subs. for “Workmen's”
by G.S.R. 1466(E), dt. 28-11-2017 (w.e.f. 28-11-2017). [4] Subs. for “Workmen's”
by G.S.R. 1466(E), dt. 28-11-2017 (w.e.f. 28-11-2017). [5] The words “except the
State of Jammu and Kashmir” omitted by G.S.R. 400, dt. 20-6-1991 (w.e.f.
6-7-1991). [6] Subs. for “Workmen's”
by G.S.R. 1466(E), dt. 28-11-2017 (w.e.f. 28-11-2017). [7] Omitted by G.S.R.
400, dt. 20-6-1991 (w.e.f. 6-7-1991). [8] The words “part of
His Majesty's Dominions or in any other” omitted by G.S.R. 400, dt. 20-6-1991
(w.e.f. 6-7-1991). [9] Subs. for “Workmen's”
by G.S.R. 1466(E), dt. 28-11-2017 (w.e.f. 28-11-2017). [10] The words “part or”
omitted by G.S.R. 400, dt. 20-6-1991 (w.e.f. 6-7-1991). [11] Subs. for “WORKMEN'S”
by G.S.R. 1466(E), dt. 28-11-2017 (w.e.f. 28-11-2017). [12] Subs. for “Workmen's”
by G.S.R. 1466(E), dt. 28-11-2017 (w.e.f. 28-11-2017).Employee's Compensation (Transfer of Money)
Rules, 1935