Rajasthan Workmen's Compensation (Costs & Fees) Rules, 1959

Rajasthan Workmen's Compensation (Costs & Fees) Rules, 1959
1. Short title.
2. Definitions.
3. Costs.
4. Fees.
5. Applicant may be required to deposit excess fees.
6. Register of applications.
7. Register of fatal accidents.
8. Register of no-fatal accidents.
9. Language of the record.
10. Supply of certified copies to parties.
11. Allowance to witnesses.
12. Fees to accessors.

The Rajasthan Workmen's Compensation (Costs & Fees) Rules, 1959

Published vide Notification No. F. 1(6)/Lab. 57, dated June 15, 1959

RJ513

In exercise of the powers conferred by Section 32 of the Workmen's Compensation Act, 1923 (8 of 1923), the Government of Rajasthan is pleased to make the following Rules the same having been previously published as required under Section 34 of the said Act.

Part I

Preliminary

1. Short title.- These rules may be called the Rajasthan Workmen's Compensation (Costs and Fees) Rules, 1959.
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 (8 of 1923).

(b) "Form" means a form appended to these rules.

(c) "Section" means a section of the Act.

Part II

Scales of Costs and the Fees Payable in Respect of Proceedings Before a Commissioner

3. 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 shall include:-

(a) the charges necessarily incurred on account of court-fees;

(b) the charges necessarily incurred on subsistence money to witness; and

(c) pleaders fees on the scale prescribed in the following rules.

(3) In any proceeding involving an application for compensation in the form of a lump sum, an application for commutation of an application for indemnification, the fee allowed shall be Rs. 10/- subject by 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 proceedings. 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 defendants having substantially one defence to make employ 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.

(6) When two or more defendants having separate substantial defence, have engaged the services of one pleader, they shall be allowed separate sets of costs. In this case, it will be for the defendants interested, to apply at the hearing for separate costs.

(7) When several defendants having separate defences are represented by separate pleaders they shall be entitled to separate costs.

4. Fees.- The fees specified in column 3 of the subjoined Schedule shall be payable in respect of the proceedings mentioned in the second column of the said Schedule:-

Schedule

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.

5. 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 fee to the extent of the difference.

Part III

Maintenance of Registers, Language of the Court Records, Certified Copies, Allowance to Witnesses

6. Register of applications.- All applications presented to the Commissioner, shall be registered in a register in Form 'A'.
7. Register of fatal accidents.- Every Commissioner shall maintain a separate register in Form 'B' 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 or an order for deposit and payment of compensation.
8. Register of no-fatal accidents.- Every Commissioner shall maintain a separate register in Form 'C' of non-fatal accidents, which come to his knowledge in any of the following ways:-

(1) On account of application for registration of memorandum of agreement.

(2) On account of application for commutation of half-monthly payments.

(3) On account of amount of compensation deposited with the Commissioner under Section 8(2).

(4) On account of applications for settlement of claim made by the injured workmen.

9. Language of the record.- The record of the Commissioner shall be kept in the English Language.
10. Supply of certified copies to parties.- Certified copies of any papers, in any proceedings, before a Commissioner, should be supplied to the parties, so far as may be, in accordance with the General Rules (Civil), 1952 framed by the High Court of Rajasthan.
11. Allowance to witnesses.- In cases where a Commissioner has to issue summons to a witness either at the instance of a party to a proceedings before him, or on his own initiative, the allowances to be paid to the witness, shall be on the same scale.

Part IV

12. Fees to accessors.- Where in pursuance of the provisions of sub-Section (2) of Section 20, any person possessing special knowledge of any matter relevant to the under inquiry is chosen by the Commissioner to assist him in holding the same, he shall be entitled to such fees as the Commissioner may fix subject to a maximum of rupees fifty and a minimum of rupee twenty:

Provided that he shall be entitled to an additional fee to rupee 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 cases.

Form 'A'

(See Rule 6)

Register of Application for the Year 19...