Draft notification of the Code on Social Security (Employees Compensation) (Central) Rules, 2021 (Draft Notification dated – 03.06.2021) – MOLE
View PdfDraft notification of the Code on Social Security (Employees Compensation) (Central) Rules, 2021 (Draft Notification dated – 03.06.2021) – MOLE
The following draft rules, which the Central Government proposes to make in exercise of the powers conferred by sections 155, 158 and 159 of the Code on Social Security, 2020 (36 of 2020) read withsection 24 of the General Clauses Act, 1897 (10 of 1897) and in supersession of the –
(i) Employee’s Compensation Rules, 1924;
(ii) Employee’s Compensation (Transfer of Money) Rules, 1935; and
(iii) Employee’s Compensation (Venue of Proceedings) Rules, 1996;
made by the Central Government in exercise of the powers conferred by the Employee’s Compensation Act, 1923 (8 of 1923) which is repealed by section 164 of the said Code on Social Security, 2020 except as respects things done or omitted to be done before such supersession, are hereby notified, as required by section 158, for information of all persons likely to be affected thereby and the notice is hereby given that the said draft notification will be taken into consideration after the expiry of a period of forty-five days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public;
Rules to give effect to arrangements with other countries for the transfer of money paid as compensation under section 159:-
- When any sum is transmitted by any authority in India to any other authority in accordance with these rules, the costs of such transmission may be deducted from the sum so transmitted. Money transmitted by any authority in India to any other authority in India in accordance with these rules, shall be transmitted by remittance transfer receipt or by money order.
- When the whole or any part of a lump sum deposited with a competent authority for payment as compensation under the Code is payable to any person or persons residing or about to reside in any other country, the competent authority may order the transfer to that country of the sum so payable.
- When the competent authority has ordered the transfer of any sum under sub-rule (2), he shall cause to be prepared and shall certify under his hand a memorandum containing a brief statement of the facts of the case, of the orders passed upon it and of the name and address of each person to whom payment is to be made.
- If the competent authority is not himself the authorised officer he shall forward the memorandum in duplicate to the authorised officer and may either remit the sum to be transferred to the authorised officer or retain it and dispose of it in accordance with the directions of the authorised officer. If the competent authority is himself the authorised officer, he shall proceed as provided in sub-rule (5).
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- The authorised officer, after satisfying himself that the memorandum is complete, shall forward it and remit or cause to be remitted the sum to which it relates by such means of safe transmission as he may consider convenient to the authority appointed in this behalf for the country to which the sum is to be transferred, or if no such authority as the State Government may, by general or special order, direct, and shall at the same time request the authority addressed—
(a) to arrange for payment to be made in accordance with the directions contained in the memorandum; and
(b) to furnish him with a report of the action taken upon the memorandum and return any sum the payment of which is for any reason impossible.
(6) (a) The authorised officer shall, if he is not the competent authority with whom the matter originated, forward to such competent authority a copy of any report received in response to a request made under sub-rule (5).
(b) Any sum returned in accordance with sub-rule (5) shall be disposed of in accordance with the Code.
- (7) (a) The authorised officer shall be the proper authority to receive moneys from transferring authorities.
(b) If any competent authority or other Government servant, not being the authorised officer, receives any sum from a transferring authority he shall either forward such sum, together with any papers relating thereto, to the authorised officer for disposal, obtain the instructions of the authorised officer as to the disposal of the sum and papers and act in accordance with his instructions.
(8) The authorised officer may himself dispose of any sum or part of any sum which he receives or of which he assumes control under sub-rule (7) or may send it or any part of it for disposal to such competent authority or competent authorities as he considers proper.
(9) All sums received from a transferring authority shall be disposed of as far as possible in accordance with the provisions of the Code and the Rules made thereunder: Provided that the directions, if any, received from the transferring authority as to the manner in which the sum should be administered shall be complied with.
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(10) (a) The authorised officer shall forward to the transferring authority a report showing how the sum received from him has been disposed of.
(b) Any competent authority, not being the authorised officer who has disposed of any part of the sum, shall make a report in duplicate as to the disposal of that part to the authorised officer, and, if the sum was received by him from another such competent authority in accordance with section 92 of the Code, shall forward his report through that competent authority.
(11) Any part of the sum received from the transferring authority which shall have remained undisbursed after the completion of the proceedings shall be returned to the transferring authority by, or under the direction of the authorised officer.
