(See
Sections 32 and 34 of the Workmen's Compensation Act, 1923) No.
242-(V)IXXXVI-5--400-(i)-(V)-72, dated Lucknow, April 28, 1975I In exercise of
the powers under sub-section (1) of Section 32, of the Workmen's Compensation
Act, 1923 (Act No. 8 of 1923), read with clauses (sic), (j) and (o) of
sub-section (2) of the said section, the Governor is pleased to make the
following rules after their previous publication with Government Notification
No. 365(Aa)/XXXVI(D)--386 (Aa)-58,. dated August 16, 1971, as required by
sub-section (t) of Section 34 of the said Act. (1)
These rules may be called the Uttar
Pradesh Workmen's Compensation Rules, 1975. (2)
They shall come into force with effect
from the date of their publication in the Official Gazette. In these
rules, unless there is anything repugnant in the subject or context— (a)
"Act" means the Workmen's
Compensation Act, 1923 ; (b)
"Section" means a section of
the Act; (c)
"Commissioner" means a
Commissioner as defined in the Act; (d)
"Abstract" means such
abstract of the Act as the State Government may prescribe. (1)
Where the Commissioner directs that
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 rules. (3)
In any proceeding involving an
application for compensation in the form of lump sum, an application for
commutation or an application for indemnification, the fee allowed shall be Rs.
10 subject to special order of the Commissioner to diminution to a sum not less
than Rs. 5 and to increase to a sum of not more than Rs. 50 for each such
proceeding. In all other applications, the fee allowed shall be Rs. 5 subject
to increase by special order to a sum not exceeding Rs. 20. (4)
When a party engages more pleaders
than one to conduct or defend a case he shall be allowed one set of costs only. 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 allowed. (5)
When two or more defendants having
separate substantial defences have engaged the service of one pleader, they
shall be allowed separate sets of costs. In this case it will be for the
defendant's interest to apply at the hearing for separate costs. (6)
When several defendants having
separate defences are represented by separate pleaders, they shall be entitled
to separate costs. (1)
The following fees shall be payable in
respect of proceedings under the Act:-- I-- Application
for compensation-- (a) Where
the compensation is claimed in the form of recurring payments (ft)
Where compensation is claimed in the form of a lump sum, one rupee, where the
sum does not exceed Rs. 500. For each additional sum of Rs. 500 or
fraction thereof, a fee of one rupee. ...Fifty
Paise II-- Application
for commutations-- (a) By
agreement between the parties (ft) In
all other cases ...Fifty
Paise ...Two
Rupees III-- Applications
for the deposit of compensation-- (A) Under
Section 8(1) of the Act (ft)
Under Section 8(2) of the Act (in respect of each person to whom compensation
is payable) ....Nil ...Fifty
Paise IV-- Application
for distribution by dependants 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 (ft) Where
the half-monthly payments are sought to be converted into a lump sum (c) In
all other cases ...Fifty
Paise ...Two
Rupees ...One
Rupee VI-- Applications
for the registration of agreements-- (a) Where
the application or the memorandum of agreement signed by both parties (ft) In
all other cases ...Nil ...Fifty
Paise VII-- Applications
to summon witnesses-- (a) For
the first witness mentioned in the application (ft) For
every subsequent witness ...Fifty
Paise ...Twenty-five VIII-- Applications
for the recovery of compensation-- (a) Under
an order already passed by the Com missioner (A) In
all other cases. The same fee as is payable on a similar application for
compensation. ....Fifty
Paise IX-- All
applications not otherwise provided for ...Fifty
Paise. (2)
In the case of any application falling
under Head X, the Commissioner may, if he thinks fit, permit the application to
be made without fee. (3)
If in any case the Commissioner
considers that he should 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 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. (1)
Every employer shall exhibit, in his
establishment, at a conspicuous place, an abstract of the following provisions
of the Act and such other provisions as may be prescribed by the State
Government from time to time:-- (i)
Definition of 'dependant1, 'partial
disablement* and 'total disablement* contained in clauses (d), (g) and (/),
respectively of subsection (1) of Section 2 of the Act. (ii)
Workmen covered,-- Section
2(1)(n), read with Schedule II of the Act. (iii)
Employers' Liability for
compensation-- Section
3(1) of the Act. (iv)
Amount of compensation-- Section 4
and Schedules I and IV of the Act. (v)
Occupational diseases for which
compensation is payable-- Sub-sections
(2) and (2-A) of Section 3, read with Schedule III of the Act. (vi)
Compensation not to be assigned,
attached and charged-- Section 9
of the Act. (vii)
Notice and claim-- Section 10
of the Act. (viii)
Contracting-- Section 12
of the Act. (ix)
Contracting out-- Section 17
of the Act. (x)
Appearance of parties-- Section 24
of the Act. The
abstract to be exhibited under these rules shall be exhibited in such a manner
that it can be seen and read by persons concerned. (2)
The abstract shall be in English as
well as in Hindi in Devanagri Script and any other such regional language as
may be understood by the majority of the workmen employed by the employer in
his establishment. (3)
The abstract shall be brought up to
date and or suitably revised as and when necessary and also renewed promptly by
the employers whenever it becomes defaced or otherwise illegible.UTTAR PRADESH WORKMEN'S COMPENSATION RULES,
1975
PREAMBLE