Workmen's Compensation Act, 1923 — section 21

21. Venue of Proceedings and transfer..—(1) Where any matter is under this Act to be done by or before a Commissioner, the same shall, subject to the provisions of this Act and to any rules made hereunder, be done by or before 4[a Commissioner] for the local area in which the accident took place which resulted in the injury: Provided that, where the workman is the master of a 5* ship or a seaman, any such matter may be done by or before 4[a Commissioner] for the local area in which the owner or agent of the ship resides or carries on business.

(2)If a Commissioner is satisfied 6[that any matter arising out of any proceedings pending before him] can be more conveniently dealt with by any other Commissioner, whether in the same Province or not, he may, subject to rules made under this Act, order such matter to be transferred to such other Commissioner either for report or for disposal, and, if he does so, shall forthwith transmit to such other Commissioner all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the prescribed manner any money remaining in his hands or invested by him for the benefit of any party to the proceedings: 7 [Provided that the Commissioner shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard :] Provided 8[further] that no matter other than a matter relating to the actual payment to a workman or the distribution among dependants of a lump sum shall be transferred for disposal under this sub‑section to a Commissioner in the same Province save with the previous sanction of the 1[Provincial Government] or to a Commissioner in another Province save with the previous sanction of 9[the Provincial Government of that Province], unless all the parties to the proceedings agree to the transfer. 1 Subs. by A.O., 1937 (w.e.f.1­4­1937), for “L.G.”. 2 Subs. ibid., for “local official Gazette”. 3 A new sub-section (2) was ins. and the old sub-section (2) and (3) were re-numbered as (3) and (4), by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 13. 4 Subs. ibid., s. 14, for “the Commissioner”. 5 The word “registered” omitted, ibid. 6 Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 9 (w.e.f. 5­4­1938), for “by any party to any proceedings under this Act pending before him that such matter”. 7 Proviso ins. ibid. 8 Ins. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 9 (w.e.f. 5-4-1938) 9 Subs. ibid., for “the G.G. in C.”.

(3)The Commissioner to whom any matter is so transferred shall, subject to rules made under this Act, inquire thereinto and, if the matter was transferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him.

(4)On receipt of a report from a Commissioner to whom any matter has been transferred for report under sub‑section (2), the Commissioner by whom it was referred shall decide the matter referred in conformity with such report. 1 [(5) The 2[Provincial Government] may transfer any matter from any Commissioner appointed by it to any other Commissioner appointed by it.]