Workmen's Compensation Act, 1923 — section 23

23. Powers and procedure of Commissioners..—The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), for the purpose of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, 1[and the Commissioner shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXXV of the Code of Criminal Procedure, 1898 ( Act of 1898).] 24. Appearance of parties. Any appearance, application or act required to be made or done by any person before or to a Commissioner (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of such person by a legal practitioner or 2[by an official of an Insurance Company or registered Trade Union authorized in writing by such person or, with the permission of the Commissioner, by any other person so authorized]. 25. Method of recording evidence. The Commissioner shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be written and signed by the Commissioner with his own hand and shall form part of the record: Provided that, if the Commissioner is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record: Provided further that the evidence of any medical witness shall be taken down as nearly as may be word for word. 26. Costs. All costs, incidental to any proceedings before a Commissioner, shall, subject to rules made under this Act, be in the discretion of the Commissioner. 27. Power to submit cases. A Commissioner may, if he thinks fit, submit any question of law for the decision of the 3[Tribunal] and, if he does so, shall decide the question in conformity with such decision. 28.Registration of agreements.—(1) Where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half‑monthly payment or otherwise, or where any compensation has been so settled as being 1 Ins. by the Workmen’s Compensation (Amdt.) Act, 1929 (5 of 1929), section, 5 (w.e.f. 29-3-1929). 2 Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 10 (w.e.f. 5­4­1938), for “other person authorized in writing by such person”. 3 Subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. (w.e.f. 25­1­1975), for “High Court”. payable 1[to a women or a person under a legal disability] 2* * * a memorandum thereof shall be sent by the employer to the Commissioner, who shall, on being satisfied as to its genuineness, record the memorandum in a register in the prescribed manner: Provided that

(a)no such memorandum shall be recorded before seven days after communication by the Commissioner of notice to the parties concerned; 3* * * * * * *

(c)the Commissioner may at any time rectify the register;

(d)where it appears to the Commissioner that an agreement as to the payment of a lump sum whether by way of redemption of a half‑monthly payment or otherwise, or an agreement as to the amount of compensation payable 2[to a woman or a person under a legal disability] 4* * * ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, he may refuse to record the memorandum of the agreement 5[and may make such order] including an order as to any sum already paid under the agreement, as he thinks just in the circumstances.

(2)An agreement for the payment of compensation which has been registered under sub‑section (1) shall be enforceable under this Act notwithstanding anything contained in the Contract Act, 1872 (IX of 1872), or in any other law for the time being in force.