THE KERALA WORKMEN'S COMPENSATION RULES,

1958
 Table of Contents

PRELIMINARY 5
1. Short title 5
2. Definitions 5
PART I 5
3. Review of Half-monthly payments and commutation thereof-. When application maybe
made without medical certificate 5
2
3A. [Reimbursement of Medical Expenditure 5
4. Procedure on application for review 6
5. Procedure on application for Commutation 6
PART II 6
6. Deposit under section 8(1) 6
7. Publications of list of deposits 7
8. Application by dependants for deposit of compensation 7
9. Deposit under section 8(2) 7
10. Investment of money 7
11. Report of Fatal Accidents 8
PART III REPORTS OF ACCIDENTS 8
12. Right of employer to present memorandum when information received 8
PART IV MEDICAL EXAMINATION 8
13. Workman not to be required to submit to medical examination save in accordance with rules
8
14. Examination when workman and medical practitioner both on premises 8
15. Examination in other cases 8
16. Restrictions on number of examinations 9
17. Examination after suspension of right to compensation 9
4
18. [Examination of woman 9
18A. 5[Assessment of loss of earning capacity 9
19. Introductory 10
PART V PROCEDURE 10
20. Applications 10
21. Production of documents 10
22. Application presented to wrong Commissioner 10
23. Examination of applicant 10
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24. Summary disposal of application 11

25. Preliminary inquiry into application 11
26. Notice to opposite party 11
27. Appearance and examination of opposite party 11
28. Framing of issues 11
29. Power to postpone trial of issues of fact where issues of law arise 12
30. Diary 12
31. Reasons for postponement to be recorded 12
32. Judgment 12
33. Summoning for witnesses 12
34. Exemption from payment of costs 12
35. Right of entry for local inspection 12
36. Procedure in connection with local inspection 13
37. Power of summary examination 13
38. Agreement to abide by Commissioner's decision 13
39. Procedure where indemnity claimed under section 12 (2) 14
40. Procedure in connected cases 15
41. Certain provisions of the Code of Civil Procedure, 1908, to apply 15
42. Provision regarding signature of forms 15
43. Apportionment of compensation among dependants 15
PART VI TRANSFER 16
44. Transfer of report 16
45. Transmission of money 16
PART VII APPOINTMENT OF REPRESENTATIVES 16
46. When representative must be appointed 16
47. When new representative to be appointed 16
PART VIII 16
48. Form of memorandum 16
49. Procedure where Commissioner does not consider that he should refuse to record
memorandum 17
50. Procedure where Commissioner considers he should refuse to record memorandum 17
51. Procedure on refusal to record memorandum 17
52. Registration of memorandum accepted for record 18
PART IX 18
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53. Costs 18
54. Fees 19
SCHEDULE 19
55. Applicant may be required to deposit excess fees 20
PART X 20
56. Register of applications 20
57. Register of fatal accidents 20
58. Register of non-fatal accidents 21
59. Language of the record 21
60. Supply of certified copies to parties 21
61. Allowance to witnesses 21
PART XI 21
62. Fees to assessors 21
PART XII 21
64A. 8[Display of notices 22
65. 22
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1
THE KERALA WORKMEN'S COMPENSATION RULES, 1958
In exercise of the powers conferred by section 32 of the Workmen's Compensation Act 1923
(Central Act VIII of 1923), the Government of Kerala hereby make the following Rules, the
same having been previously published as required by Section 34 of the said Act, namely:-
PRELIMINARY
1. Short title
These rules may be called the Kerala Workmen's Compensation Rules, 1958.
2. Definitions
In these rules, unless there is anything repugnant in the subject or context-
(a) "The Act" means the Workmen's Compensation Act, 1923, (Central Act VIII of
1923)
(b) "Form" means a form appended to these rules ;
(c) "Section" means Section of the Act.
PART I
3. Review of Half-monthly payments and commutation thereof-. When application may
be made without medical certificate
Application for review of half-monthly payment under section 6 may be made without
being accompanied by a medical certificate,—
(a) by the employer, on the ground that since the right to compensation was
determined, the workmen's wages have increased;
(b) by the workman, on the ground that since the right to compensation was
determined, his wages have diminished;
(c) by the workman, on the ground that the employer, having commenced to pay
compensation, has ceased to pay the same, notwithstanding the fact that there
has been no change in the workmen's condition such as to warrant such cessation;
(d) either by the employer or by the workmen, on the ground that the determination
of the rate of compensation for the time being in force was obtained by fraud or
undue influence or other improper means ;
(e) either by the employer or by the workmen on the ground that in the
determination of compensation there is a mistake or error apparent on the face
of the record.
2
3A. [Reimbursement of Medical Expenditure
(1) where any injury is caused to an employee in respect of which liability to pay
compensation under the Act arises, a claim for reimbursement of actual medical
expenditure may be made before the Commissioner.
(2) No application for the settlement of such a claim, other thin a claim by dependent
or dependents of a deceased employee shall be made to the Commissioner unless
and until the parties failed to settle the claim between themselves.
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Provided that every such application shall be substantiated-with-the original bills

produced for the claim which shall contain the seal and signature of the authorities
of the hospital, pharmacy, laboratory, X-ray unit, scan centre or other
establishment as the case may be which issued the bill/ bills and the same shall be
subject to the scrutiny of the Commissioner.
(3) The Procedure to be followed by the Commissioner in the disposal of the
application of such claim shall be, as far as practicable, be the same as that
prescribed under part V of these rules:
Provided that the Commissioner may take up such claims for consideration in a
summary manner separately, if he deems it fit or concurrently with the procedure
for disposal of the application for compensation under the Act.]
4. Procedure on application for review
If, on examining an application for review by an employer in which the reduction or
discontinuance of half-monthly payments is sought, it appears to the Commissioner that
there is reasonable ground for believing that the employer has a right to such reduction
or discontinuances, he may at any time issue an order withholding the half-monthly
payments in whole or in part pending his decision on the application.
5. Procedure on application for Commutation
(1) Where application is made to the Commissioner under section 7 for the
redemption of a right to receive half-monthly payments by the payment of a lump
sum, the Commissioner shall form an estimate of the probable duration of the
disablement, and award a sum equivalent to the total of the half-monthly
payments, which would be payable for the period during which he estimates that
the disablement will continue, less one-half per cent of that total for each month
comprised in that period
Provided that fractions of a rupee included in the sum so computed shall be disregarded.
(2) When, in any case to which sub-rule (1) applies, the commissioner is unable to
form an .approximate estimate of the probable duration of the disablement, he
may from time to time postpone a decision on the application for a period not
exceeding two months at any one time 3[and such postponement shall not exceed
three times].
PART II
DEPOSIT OF COMPENSATION
6. Deposit under section 8(1)
(1) An employer depositing compensation with the Commissioner under sub-section
(1) of Section 8, in respect of a workman whose injury has resulted in death shall
furnish therewith a statement in Form A and shall be given a receipt in Form B. In
other cases of deposits with the Commissioner under sub-section (1) of section 8,
the employer shall furnish a statement in Form AA, and shall be given a receipt in
Form B.
(2) If, when depositing compensation in respect of fatal accidents, the employer
indicates in the statement referred to in sub--rule (1) that he desires to be made
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a party to distribution proceedings, the Commissioner shall, before allotting the

sum deposited as compensation, afford to the employer an opportunity of
establishing that the person to whom he proposes to allot such sum is not a
dependant of the deceased workman, or, as the case may be, that no one of such
persons is a dependent.
(3) The statement of disablement to be furnished on application by the employer
under sub-section (4) of section 8 shall be in Form C.
7. Publications of list of deposits
The Commissioner shall cause to be displayed in a prominent position outside his office
an accurate list of the deposits received by him under sub-section (1) of section 8,
togeth6r with the names and .addresses of the depositors and of the workman in
respect of whose death or injury the deposits have been made.
8. Application by dependants for deposit of compensation
(1) A dependant of a deceased workman may apply to the Commissioner for the issue
of an order to deposit compensation in respect of the death of the workman. Such
application shall be made in Form G.
(2) If compensation has not been deposited, the Commissioner shall dispose of such
application in accordance with the provisions of Part V of these rules:
Provided that –
(a) the Commissioner may, at any time before issues are framed, cause notice
to be given in such manner as he thinks fit to all or any of the dependants of
the deceased workman who have not joined in the application, requiring
them, if they desire to join therein, to appear before him on a date specified
in this behalf.
(b) any dependant to whom such notice has been given and who fails to appear
and to join in the application on the date specified in the notice shall not be
permitted thereafter to claim that the employer is liable to deposit
compensation unless he satisfies the Commissioner, that he was prevented
by any sufficient cause from appearing when the case was called on for
hearing.
(3) If, after completing the enquiry into the application, the Commissioner issues an
order requiring the employer to deposit compensation in accordance with sub-
section (1) of section 8, nothing in sub-rule (2) shall be deemed to prohibit the
allotment of any part of the sum deposited as compensation to a dependant of
the deceased workman who failed to join in the application.
9. Deposit under section 8(2)
An employer, depositing compensation in accordance with sub-section (2) of section 8,
shall furnish therewith a statement in Form D and shall be given a receipt in Form E.
10. Investment of money
Money in the hands of the Commissioner may be invested for the benefit of the
dependants of a. deceased workman in Government Securities or Post Office
Certificates, or may be deposited in a Post Office Savings Bank.
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PART III
REPORTS OF ACCIDENTS
11. Report of Fatal Accidents
The report required by section 10-B shall be in Form EE.
12. Right of employer to present memorandum when information received
(1) Any employer who has received information of an accident may at any time,
notwithstanding the fact that no claim for compensation has been instituted in
respect of such accident present to the Commissioner a memorandum, supported
by an affidavit made by himself or by any person subordinate to him having
knowledge of the facts stated in the memorandum embodying the result of an
investigation or inquiry which has been made into the circumstances or cause of
the accident.
(2) A memorandum presented, under sub-rule (1) shall, subject to the payment of
such fee as may be prescribed, be recorded by the Commissioner.

PART IV
MEDICAL EXAMINATION
13. Workman not to be required to submit to medical examination save in accordance
with rules
A workman who is required by sub-section (1) of section 11 to submit himself for medical
examination shall be bound to do so in accordance with rules contained in this Part and
not otherwise.
14. Examination when workman and medical practitioner both on premises
When such workman is present at the employer's premises and the employer offers to
have him examined free of charge by a qualified medical practitioner who is so present,
the workman shall submit himself for examination forthwith.
15. Examination in other cases
In cases to which rule 14 does not apply, the employer may—
(a) send the medical practitioner to the place where the work man is residing for the
time being in which case the workman shall submit himself for medical
examination on being requested to do so by the medical practitioner, or
(b) send to the workman an offer in writing to have him examined free of charge by a
qualified medical practitioner in which case the workman shall submit himself for
medical examination at the employer's premises or at such other place in the
vicinity as is specified in such offer and at such time as is so specified :
Provided that-
(i) the time so specified shall not save with the express consent of the
workman, be 3tween the hours of 7 p.m. and 6. a.m. and
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(ii) in cases where the workman' should condition renders it impossible or

inadvisable that he should leave the place where he is residing for himself
the time being, he shall not be required to submit himself for medical
examination save at such place.
16. Restrictions on number of examinations
A workman who is in receipt of half-monthly payment shall not be required to submit
himself for medical examination elsewhere than at the place where he is residing for the
time being more than twice in the first month following the accident or more than once
in any subsequent month.
17. Examination after suspension of right to compensation
if a workman whose right to compensation has been suspended under sub-section (2)
or sub-section (3) of Section 11, subsequently offers himself for medical examination,
his examination shall take place on the employers premises or at such other place in the
vicinity as may be fixed by the employer, and at a time to be fixed by the employer not
being, save with the express consent of the workman, more than 72 hours after the
workman has so offered himself.
4
18. [Examination of woman
(1) No woman shall be required to be medically examined by a male practitioner. A
woman shall be examined by a female practitioner and the employer shall make
arrangements for such examination at his cost]
18A. 5[Assessment of loss of earning capacity
(1) A qualified medical practitioner, upon the request of an injured employee or
his/her employer or on the reference made by any Commissioner, shall issue a
certificate showing the percentage of disablement and consequential loss of
earning capacity of the injured employee within a period of one month from the
date of examination of such injured person;
(2) A qualified medical practitioner, upon a reference made by any Commissioner
shall require such an injured person to appear before him for examination within
fifteen days of such reference and issue the certificate;
(3) In cases where the injured person is not able to appear before the medical
practitioner due to serious injury, the Commissioner may direct the medical
practitioner to visit the injured person within fifteen days and report;
(4) A qualified medical practitioner shall have due regard to the percentage of loss of
earning capacity specified in the Schedule I to the Act while assessing the loss of
earning capacity in respect of the non-scheduled injuries;
(5) In case the Commissioner finds that the employee is to be examined by a duly
constituted medical Board in order to assess his/her loss of earning capacity and
gives an order in respect of the same, the authorities concerned shall constitute
the medical board as directed by the Commissioner which shall compute the loss
of earning capacity of the employee and furnish the report duly signed by all the
members of the board to the Commissioner within a period of two months from
the date of receipt of the order of the Commissioner.]
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PART V
PROCEDURE
19. Introductory
Save as otherwise provided in these rules, the procedure to be followed by
Commissioner in the disposal of cases under the Act or these rules and by the parties in
such cases shall be regulated in accordance with the rules contained in this part.
20. Applications
(1) Any application of the nature referred to in section 22 may be sent to the
Commissioner by registered post or may be presented to him or to any of his
subordinates authorised by him in this behalf and, if so sent or presented, shall,
unless the Commissioner otherwise directs, be made in duplicate in the
appropriate Form, if any, and shall be signed by the applicant.
(2) There shall be appended to every such application a certificate which shall be
signed by the applicant, to the effect that the statements of facts contained in the
application is to the best of his knowledge and belief accurate.
21. Production of documents
(1) When the application for relief is based upon a document, the document shall be
appended to the application.
(2) Any other document which any party desires to tender in evidence shall be
produced at or before the first hearing.
(3) Any document which is not produced at or within the time specified in sub-rule (1)
or (2), as the case may be, shall not, without the sanction of the Commissioner, be
admissible in evidence on behalf of the party who should have produced it.
(4) Nothing in this rule applies to any document which is produced for the purposes
of cross-examining a witness or is handed to a witness to refresh his memory.
22. Application presented to wrong Commissioner
(1) If it appears to the Commissioner receiving application that it should be presented
to another Commissioner, he shall return it to the applicant after endorsing upon
it the date of the presentation and return, the reason for returning it and
designation of the Commissioner to whom it should be presented.
(2) If it appears to the Commissioner at any subsequent stage that an application
should have been presented to another Commissioner, he shall send the
application to the Commissioner powered to deal with it and shall inform the
applicant and the opposite party, if he has received spy of the application under
rule (26), accordingly.
(3) The Commissioner to whom an application is transferred under sub-rule (2) may
continue proceedings as if the previous proceedings or any part of them had been
taken before him, if he satisfied that the interest of the parties will not thereby be
prejudiced.
23. Examination of applicant
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(1) On receiving an application of the nature referred to in section 22, the

Commissioner may examine the applicant on oath, or may send the application to
officer authorised by the State Government in this behalf and direct such officer
to examine the applicant and his witnesses and forward the record thereof to the
Commissioner.
(2) The substances of any examination made under sub-rule (1) shall be recorded in
the manner provided for the recording of evidence in Section 25.
24. Summary disposal of application
(1) The Commissioner may, after considering application and the result of any
examination of the applicant under Rule 23, summarily miss the application, if for
reasons to be recorded; he is of opinion that there are no sufficient funds for
proceeding thereon.
(2) The dismissal of the application under sub-rule (1) shall not of itself preclude the
applicant if presenting a fresh application for the settlement of the same matter.
25. Preliminary inquiry into application
If the application is not dismissed under Rule the Commissioner may, for reasons to be
recorded, call upon the applicant to produce evidence support of the application before
calling upon any other party, and, if upon considering, such evidence, the Commissioner
thinks that there is no case for the relief claimed, he may dismiss the application with a
brief statement of his reason for so doing.
26. Notice to opposite party
If the Commissioner does not dismiss the application or rule 24, or rule 25, he shall send
to the party from whom the applicant claims relief (hereinafter referred to as the
opposite party) a copy of the application, together with a notice of the date on the he
will dispose of the application, and may call upon the parties to produce upon that date
evidence which they may wish to tender.
27. Appearance and examination of opposite party
(1) The opposite party may, and required by the Commissioner, shall, at or before the
first hearing or within such time as the Commissioner may permit, file a written
statement dealing with the claim raised in the application, any such written
statement shall form part of the record.
(2) if the opposite party contests the claim, the Commissioner may, and, if no written
statement has been filed, shall proceed to examine him upon the claim and shall
reduce the result the examination to writing.

28. Framing of issues

(1) After considering any written statement and the result of any examination of the
parties, the Commissioner shall ascertain upon what material propositions of fact
or law of the parties are at variance and shall thereupon proceed to frame and
 12

record the issues upon which the right decision of the case appears to him to
depend.
(2) in recording the issues, the Commissioner shall distinguish between those issues
which opinion concern points of fact and those which concern points of law.
29. Power to postpone trial of issues of fact where issues of law arise
When issues, of law and of fact arise in the same case, and the Commissioner is of
opinion that the case may be disposed of on the issues of law only, he may try those
issues first, and for that purpose if he thinks fit, postpone the settlement of the issues
of fact until after the issues of law have determined.
30. Diary
The Commissioner shall maintain under his hand a brief diary of the proceedings on an
application.
31. Reasons for postponement to be recorded
If the Commissioner finds it impossible to dispose of an application at one hearing he
shall record the reasons which necessitate a postponement.
32. Judgment
(1) The Commissioner, in passing orders, shall record concisely in a judgment, his
finding on each of the issues framed and his reasons for such finding.
(2) The Commissioner, at the time of signing and dating his judgment, shall pronounce
his decision, and thereafter no addition or alteration shall be made to the
judgment other than the correction of a clerical or arithmetical mistake arising
from any accidental slip or omission.
33. Summoning for witnesses
If an application is presented by any party to the proceedings for the citation of
witnesses, the Commissioner shall, on payment of the prescribed expenses and fees,
issue summons for the appearance of such witnesses, unless he considers that their
appearance is not necessary for the just decision of the case.
34. Exemption from payment of costs
If the Commissioner is satisfied that the applicant is unable, by reason of poverty, to pay
the prescribed fees, he may remit or all such fees. If the case is decided in favour of the
applicant, the prescribed fees which, had they not been remitted, would have been due
to be paid may be added to the costs of the case and recovered in such manner as the
Commissioner in his order regarding costs may direct.
35. Right of entry for local inspection
A Commissioner before whom any proceeding relating to an injury by accident is
pending may at any time enter the place where the workman was injured, or where the
workman ordinarily performed his work, foe the purpose of making a local inspection or
of examining persons likely to be able to give information relevant to the proceedings:
Provided that the Commissioner shall rot enter any premises of any industrial
establishment, except during the ordinary working hours of that establishment, except
 13

during the ordinary working hours of that establishment, -save with the Permission of
the employer or of some person directly responsible to him for the establishment.
36. Procedure in connection with local inspection
(1) If the Commissioner proposes to conduct a local inspection with a view to
examining on the spot the circumstances in which an accident took place, he shall
give the parties or their representatives notice of his intention to conduct such
inspection, unless in his opinion the urgency of the case renders the giving of such
notice impracticable.
(2) Such notice may be given orally or in writing, and, in the case of an employer, may
be given to any person upon whom notice of a claim can be served under sub-
section (2) of Section 10, or to the representative of any such person.
(3) Any party, or the representative, of any party, may accompany the Commissioner
at a local inspection.
(4) The Commissioner, after making a local inspection, shall not briefly in a
memorandum any facts observed, and shall show the memorandum to any party
who desires to see the same, and on, payment of the prescribed fee shall supply
any party with a copy thereof.
(5) The memorandum shall form part of the record.
37. Power of summary examination
(1) The Commissioner, during a local inspection at any other time, save at a formal
hearing of a case pending before him, may examine summarily by person likely to
be able to give information relating to such case, whether such person has been
or is to be called as a witness in the case or not, and whether any or all of the
parties are present or not.
(2) No oath shall be administered to a person examined under sub-rule (1).
(3) Statement made by a person examined under sub-rule, if reduced to writing, shall
not signed by the person making the statement nor shall they, except as
hereinafter provided, be incorporated in the record or utilised by the
Commissioner for the purpose of arriving at a decision the case.
(4) If a witness who has been examined under sub-rule (1) makes in evidence any
material statement, contradicting any statement made by him in such
examination and reduced to writing, Commissioner may call his attention to such
statement and shall in that case direct that the parties be furnished with the
relevant part of such statement for the purpose of examining or cross examining
the witness.
(5) Any statement or part of a statement which is furnished to the parties under sub-
rule (4) will be incorporated in the record.
(6) Where a case is settled by agreement between the parties, the Commissioner may
incorporate in the record any statement made under sub-rule (1) and may utilise
such statement the purpose of justifying his acceptance of, or refusing to accept,
the agreement reached.
38. Agreement to abide by Commissioner's decision
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(1) If a party states in writing willingness to abide by the decision of the Commissioner,
the Commissioner shall inquire whether the other party is willing to abide by his
decision.
(2) If the other party agrees to abide by the Commissioner's decision, the fact of his
agreement shall be recorded in writing and signed by him.
(3) If the other party does not agree to abide by the Commissioner's decision, the first
party shall not remain under an obligation so to abide.
39. Procedure where indemnity claimed under section 12 (2)
(1) Where the opposite party claims that if compensation is recovered against him he
will, be entitled under sub-section (2) ; section 12 to be indemnified by a person
not being a party to the case, he shall, when first called upon to answer the
application, present a notice of such claim to the Commissioner companied by the
prescribed fee, and the Commissioner shall thereupon issue notice to such ion in
Form J.
(2) if any person served with a notice under sub-rule (1), desired to contest the
applicants claim for compensation of the opposite party's claim to be indemnified,
he shall appear before the Commissioner on the date fixed for the hearing of the
case or on any date to which the case may adjourned and, if he so appear, shall
have all the rights of a party to the proceedings; in default of so appearing he shall
be deemed to admit the validity of any award made against the opposite party
and to admit his own liability to indemnify the opposite party for any
compensation recovered by him.
Provided that, if any person so served appears subsequently and satisfies the
Commissioner that he was prevented by any sufficient cause from appearing, the
Commissioner shall, after giving notice to the aforesaid opposite party, hear, such
person, and may set aside or vary any award made against such person under this
rule upon such terms as may be just.
(3) If any person served with a notice under sub-contest applicant's claim for
compensation or the o rule (1), whether or not he desires to contest applicant
claim for compensation or the opposite party’s claim to be indemnified, claims
that being a contractor he is himself a principal and is entitled to be indemnified
by a person standing to him in the relation of a contractor from whom the
workmen could have recovered compensation, he shall on or before the date fixed
in the notice un-of such claim to the Commissioner accompanied by the prescribed
fee and the Commissioner shall thereupon issue notice to such person in Form JJ.
(4) If any person served with a notice under sub-rule (3) desires to contest the
applicant's claim for compensation or the claim under sub-rule (3) to be
indemnified he shall appear before the Commissioner on the date fixed in the
notice in Form JJ, or on any date to which the case may be adjourned and if he so
appears, shall have all the rights of a party to the proceedings; in default of so
appearing he shall be deemed to admit the validity of any award made against the
original opposite party or the person served with a notice under sub-rule (1 ) and
to admit his own liability to indemnify the party against whom such award is made
for any compensation recovered from him ;
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Provided that, if any person so served appears subsequently and satisfies the
Commissioner that he was prevented by any sufficient cause from appearing, the
Commissioner shall, after giving notice to all parties on the record, hear such
persons and may set aside or vary any award made against such person under this
rule upon such terms as may be just.
(5) In any proceeding in which a notice has been served on any person under sub-
rule (1) or sub-rule (3) the Commissioner shall if he awards compensation record
in his judgment a finding in respect of each of such persons whether he is or is not
liable to indemnify any of the opposite parties, and shall specify the party, if any,
whom he is liable to indemnify.
40. Procedure in connected cases
(1) Where two or more cases pending before a Commissioner arise out of the same
accident, and any issue involved is common to two or more such cases, such cases
may, so far as the evidence bearing on such issue is concerned, be heard
simultaneously.
(2) Where action is taken under sub-rule (1) the evidence hearing on the common
issue or issues shall be recorded on the record of one case and the Commissioner
shall certify under his hand on the records of any such other case, the extent to
which the evidence so recorded applies to such-other case, and the fact that the
parties to such other case had the opportunity of being present, and if they were
present, .of cross-examining the witnesses.
41. Certain provisions of the Code of Civil Procedure, 1908, to apply
Save as otherwise expressly provided in the Actor these rules the following provisions
of the First Schedule to the Code of Civil Procedure, 1908, namely, those contained in
Order V, Rules 9 to 13 and 15 to 30, order IX, order XIII, Rules 3 to 10; Order XVI, Rules
2 to 21, Order XVII and Order XXIII Rules 1 and 2; shall apply to proceedings before
Commissioner, in so far as they may be applicable thereto:
Provided that-
(a) for the purpose of facilitating the application of the said provisions the
Commissioner may construe them with such alterations not affecting the
substance as may be necessary or before him proper to adapt them to the matter
:
(b) the Commissioner may, for sufficient reasons, proceed otherwise than in
accordance with the said provisions, if he is satisfied that the interests of the
parties will not thereby be prejudiced.

42. Provision regarding signature of forms

Any form, other than a receipt for compensation, which is by these rules required to be
signed by a Commissioner may signed under his direction and on his behalf by any officer
subordinate to him appointed by him in writing for this purpose.
43. Apportionment of compensation among dependants
 16

The provisions to this part, except those contained in Rules 26,27 and 39 shall, as far as
may be, apply in the case of any proceedings relating to the apportionment of
compensation among dependants of a deceased workman.
PART VI
TRANSFER
44. Transfer of report
(1) A Commissioner transferring any matter to another Commissioner for report in
accordance with sub-section (2) of section 21 shall along with the documents
referred to in that sub-section, transmit to such other Commissioner concise
statements, in the form of questions for answer, of the matter on which report is
required.
(2) A Commissioner to whom a case is so transferred for report shall not be required
to report on any question of law.
45. Transmission of money
Money transmitted by one Commissioner to another in accordance with sub-section (2)
of section 21 shall be transmitted/either by remittance transfer receipt or by money
order, or by messenger, as the Commissioner transmitting the money may direct.
PART VII
APPOINTMENT OF REPRESENTATIVES
46. When representative must be appointed
Where any party to a proceeding is under the age of 15 years or is unable to make an
appearance the Commissioner shall appoint 6[the natural guardian] to represent such
party for the purposes of the proceeding.
47. When new representative to be appointed
If the Commissioner considers that the interests of any party for whom a representative
has been appointed under rule 46 are not being adequately protected by that
representative or if a person appointed to act as representative dies or become
incapable of acting or otherwise ceases to act as such, the Commissioner shall appoint
in his place another person who consents to the appointment.

PART VIII
RECORD OF MEMORANDA OF AGREEMENT
48. Form of memorandum
Memoranda of agreement sent to the Commissioner under sub-section (1 ) of Section
28 shall unless the Commissioner otherwise directs be in duplicate, and shall be in as
 17

close conformity as the circumstances of the case admit with Form K or Form L or M as
the case may be.
49. Procedure where Commissioner does not consider that he should refuse to record
memorandum
(1) On receiving a memorandum of agreement, the Commissioner shall unless he
considers that there are grounds for refusing to record the memorandum, fix a
date for recording the same, and shall issue a notice in writing in Form N to the
parties concerned that in default of objections he proposes to record the
memorandum and the date so fixed:
Provided that the notice may be communicated orally to any parties who are present at
the time when notice in writing would otherwise issue.
(2) on the date so fixed, the Commissioner shall record the memorandum unless,
after hearing any of the parties who appear and desire to be heard, he considers
that it ought not to be recorded.
Provided that the issue of a notice under sub-rule (1) shall not be deemed to prevent
the Commissioner from refusing to record the memorandum on the date so fixed even
if no objection be made by any party concerned.
(3) If on such date the Commissioner decides that the memorandum ought not to be
recorded, he shall inform the parties present of his decision and of the reasons
therefor, and if any party desiring the memorandum to be recorded is not present,
he shall send Information to that party in Form O.
50. Procedure where Commissioner considers he should refuse to record memorandum
(1) If on receiving a memorandum of agreement, the Commissioner considers that
there are grounds for refusing to record the same he shall fix a date for hearing
the party or parties desiring the memorandum to be recorded, and shall inform
such party or parties and, if he thinks fit, any other party concerned of the date so
fixed and of the grounds on which he considers that the memorandum should not
be recorded.
(2) If the parties to be informed are not present, a written notice shall be sent to them
in Form P or Q, as the case may be and the date fixed in such notice shall not be
less than seven days after the date of the issue of the same.
(3) If on the date fixed under sub-rule (1) the party or parties desiring the
memorandum to be recorded show adequate cause for proceeding to record the
same, the Commissioner may, if information has already been given to all parties
concerned, record the agreement. If information has not been given to all such
parties, he shall proceed in accordance with Rule 49.
(4) If on the date so fixed, the Commissioner refuses to record the memorandum, he
shall send notice in Form 0 to any party who did not receive information under
sub-rule (1).
51. Procedure on refusal to record memorandum
(1) If in any case the Commissioner refused to record a memorandum of agreement,
he shall briefly record his reasons for such refusal.
 18

(2) If the Commissioner refuses to record a memorandum of agreement he shall not

pass any order directing the payment of any sum or amount over and above the
sum specified in the agreement unless opportunity has been given to the party
liable to pay such sum to show cause why it should not be paid.
(3) Where the agreement is for the redemption of half monthly payments by the
payment of a lump sum, and the Commissioner considers that the memorandum
of agreement should not be recorded by reason of the inadequacy of the amount
of such sum as fixed in the agreement, he shall record his estimate of the probable
duration of the disablement of the workman.
52. Registration of memorandum accepted for record
In recording a memorandum of agreement, the Commissioner shall cause the same to
be entered in a register in Form R, and shall cause an endorsement to be entered under
his signature in a copy of the memorandum to be retained by him in the following terms,
namely:
"This memorandum of agreement bearing Serial No. …………………… of …………………..
20…………. in the register has been recorded this ............................................ day of".

Signature of Commissioner
PART IX
SCALE OF COSTS AND FEES PAYABLE IN RESPECT OF A PROCEEDINGS BEFORE THE
COMMISSIONER
53. Costs
(1) Where the Commissioner directs that any costs shall not follow the event, he shall
state his reasons in writing.
(2) The costs which may be awarded may include:-
(a) the charges necessarily incurred on account of court fees.
(b) the charges necessarily incurred on subsistence money to witnesses; and
(c) Pleader's fee on the scale prescribed in the following rule.
(3) 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 fee
allowed shall be Rs.10 subject to a 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 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.
(5) When several dependants having substantially one defence to make employee
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 not allowed.
 19

(6) When two or more dependants having separate substantial defences have
engaged the services of one pleader, they shall be allowed separate sets of costs.
In this case it will be for the dependants interested to apply at hearing for separate
costs.
(7) When several dependants having separate defences are represented by separate
pleaders, they shall be entitled to separate costs.
54. Fees
The fees specified in column 3 of the sub-joined schedule shall be payable in respect of
the proceedings mentioned in the second column Of the said schedule:
Provided that no fee shall be payable under this rule in respect of application presented
on behalf of any of the departments of the Government.
SCHEDULE
Sl. No. Description of the proceedings Amount of fees
(1) (2) (3)
I. Application for compensation
(a) Where compensation is claimed in the form of 50 Naye Paise
recurring payments
(b) Where compensation is claimed in the form of One rupee where the sum
a lump sum does not exceed Rs.500
plus one rupee for each
additional sum of Rs.500 or
frac-tion thereof.
II. Application for commutation
(a) By agreement between the parties 50 Naye Paise
(b) In all other cases Two rupees
III. Application for deposit of compensation
(a) Under section 8 (1) of the Act Nil
(b) Under Section 8 (2) of the Act (in respect of 50 Naye Paise
each person to whom compensation is
payable)
IV. Application for distribution by dependants for each One rupee
dependant
V. Application for review
(a) Where the review claimed is the continuance, 50 Naye Paise
increase, decrease or ending of half-monthly
payments
(b) Where half-monthly payments are sought to be Two rupees
converted onto a lump sum
 20

(c) In all other cases One rupee

VI. Applications for the registration of agreements
(a) Where the application or the memorandum of Nil
agreement is signed by both parties
(b) In all other cases 50 Naye Paise
VII. Application to summon witnesses
(a) For the first witness mentioned in the 50 Naye paise
application
(b) For every subsequent witness- 25 Naye Paise
VIII. Application for indemnification Three rupees
IX. Application for recovery of compensation
(a) Under an order already passed by the 50 Naye Paise
Commissioner
(b) In all other cases The same fee as payable on
a similar application for
compensation.
X. All applications not otherwise provided for 50 Naye Paise
N.B.- In the case of any application falling under the Head X the Commissioner may, if
he thinks fit, permit the application to be made without fee.
55. Applicant may be required to deposit excess fees
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 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.
PART X
MAINTENANCE OF REGISTERS, LANGUAGE OF THE COURT, RECORDS, CERTIFIED COPIES
AND ALLOWANCE TO WITNESSES
56. Register of applications
All applications presented to the Commissioner shall be registered in a register in Form
S.

57. Register of fatal accidents

Every Commissioner shall maintain a separate register in Form T of fatal accidents which
come to his knowledge either on account of deposits made by or on behalf of employers,
or because of applications made by dependants of a deceased workman for an order for
deposit and payment of compensation.
 21

58. Register of non-fatal accidents

Every Commissioner shall maintain a separate register in Form U of non-fatal accidents
which come to his knowledge in any of the following ways:-
(1) On account of applications for registration of memoranda of agreements.
(2) On account of applications for commutation of half-monthly payments.
(3) On account of amount of compensation deposited with the Commissioner under
Section (2).
(4) On account of applications for settlement of claim made by the injured workman.
59. Language of the record
The record of the Commissioner shall be kept in the English language.
60. Supply of certified copies to parties
Certified copies of any papers in any proceedings before a Commissioner should be
supplied to the parties in accordance with the rules in the Civil Rules of Practice for the
time-being in force, Part Ill, Chapter III (in so far as they are consistent with the Act) of
the Civil Court Guide.
7
[Provided that certified copies required by Government Officers in their official capacity
for purposes other than production before a Court of law shall be issued in plain paper.]
61. Allowance to witnesses
In cases where a Commissioner has to issue summons to witness either at the instance
of a party to a proceeding before him, or on his own initiative the allowance to be paid
to the witness, shall be on the same scale as obtained in the Civil Court.
PART XI
62. Fees to assessors
Where in pursuance of the provisions of sub-section (3) of section 20, any person
possessing special knowledge of any matter relevant to the case under inquiry is chosen
by the Commissioner to assist him in holding the same, he shall be entitled to such fee
as e Commissioner may fix, subject to a maximum of Rs.50 as a minimum of Rs.20:
Provided that he shall be entitled to an additional fee of rupees ten.
(a) for each extra case if he is required to sit in more than one case on the same day;
and
(b) for each of the second and third days of any one case.
PART XII
NOTICE UNDER SUB-SECTION (1) OF SECTION 10 AAND THE STATEMENT BY THE EMPLOYER
IN REPLY THERETO
63.
The notice sent by a Commissioner under sub-section (1) of Section 10A shall be in Form
V and shall be accompanied by a copy of Form W.
64.
 22

The statement submitted by an employer under section 10 A shall be in Form W.

64A. 8[Display of notices
Every employer shall display abstracts of the Act as specified in Form X in English and in
a language understood by the majority of the workers, in a conspicuous ice of the
premises in the establishments coming under the coverage of the Act.]
65.
The Travancore-Cochin Workmen's Compensation Rules 1952 and the Workmen's
Compensation Rules in force in territories referred to as Malabar District in Section 5 (2)
of the States Reorganisation Act 1956 (Central Act 37 of 1956) are hereby repealed:
Provided that any order made or action taken under the Rules so repealed shall be
deemed lave been made or taken under the corresponding provisions of these rules.

1 Published under Notn. No. D. Dis . 19880/ 57/L & LAD dt. 13-3-1958 in K.G. dt. 25-3-1958.
2
Subs By G.O(P) No.93/2018/LBR 29-10-2018.
3 Added by SRO No. 1708/89 dt. 10-10-1989.
4 Substituted by SRO No. 1708/89 dt. 10-10-1989.
5
Subs By G.O(P) No.93/2018/LBR 29-10-2018.
6 Substituted for "some suitable person who convents to the appointment" by SRO 1708/89 dt. 10-10-1989.
7 Added by Notn. No. 2691/H3/68/LSWD dt. 23-9-1969 in K.G. No.42 dt. 28-10-1969.
8 Inserted by Notn. No.2 1988/62/1-13/HLD dt.17-8-1962 in K.G. dt. 25-9-1962.