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Discuss the Rights and Duties of Compensation Commissioner.

The Rights and Duties of the Compensation Commissioner are as follows-


1. Section 19(1) If any question arises in any proceedings under this Act as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not a workman) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement) the question shall, in default of agreement, be settled by a Commissioner.


2. Section 20(3) lays down: Any Commissioner may, for the purpose of deciding any matter referred to him for deci- sion under this Act, choose one or more persons posse- ssing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry.


3. The Commissioner shall have all the powers of a Civil Court under The Code of Civil Procedure, 1908 (5 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 and the Commissioner shall be deemed to be a Civil Court for all the purposes of Section 195 and of Chapter XXVI of


The Code of Criminal Procedure, 1973 (2 of 1974). In the case of Shrimati Rajyabai Vs. H. M. and Com- pany, 1959, Madras 559, in the trial and judgement of the case the Commissioner gives the verdict like a Court, therefore his verdict cannot be called an award.


4. The Commissioner has fully the sight to decide regarding the cost of the suit.


5. The Commissioner has also the right that he can refer any question regarding the case to the High Court for advice.


6. Section 30A lays down: Where an employer makes an appeal under clause (a) of Sub-section (1) of Section 30, the Commssioner may, and if so directed by the High Court shall, pending the decision of the appeal withhold payment of any sum in deposit with him.


7. Under this Act any amount payable by any person can in the same manner be recovered by the Commissioner just as Land-revenue is recovered

8. Regarding penalties under Section 18 no accusation can be made without the permission or previous approval of the Commissioner.


9. The Commission has the right of revision or review.


10. The Commissionr has the right to redeem the half he monthly payments.


11. The Commissioner has the right of Distribution of Compensation under Section 8 of The Workmen's Com- pensation Act.


12. The Commissioner when the compensation is not deposited with him has the power to order the deposit of compensation along with interest (under Section 4).


13. Under Section 10, the Commissioner has the right to demand notice of accidents.


14. The notice can demand elaborate information regarding fatal accidents under Section 10A.

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