Section 92: Venue of proceedings and transfer

Finin2min analysis — what the section actually does

Full statutory text — Section 92

92. Venue of proceedings and transfer.— (1) Where any matter under this Chapter is to be done by
or before a competent authority, the same shall, subject to the provisions of this Chapter and in the manner
prescribed in this behalf by the State Government, be done by or before the competent authority for the area
in which—
        (a) the accident took place which resulted in the injury; or
        (b) the employee or in case of his death, the dependant claiming the compensation ordinarily
    resides; or
        (c) the employer has his registered office:
    Provided that no matter shall be processed before or by a competent authority, other than the competent
authority having jurisdiction over the area in which the accident took place, without his giving notice
electronically or otherwise in the manner prescribed by the Central Government to the competent authority
having jurisdiction over the area and the State Government concerned:
     Provided further that, where the employee, being the master of a ship or a seaman or the captain or a
member of the crew of an aircraft or an employee in a motor vehicle or a company, meets with the accident
outside India, any such matter may be done by or before a competent authority for the area in which the
owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office
of the company is situate, as the case may be.

    (2) If a competent authority, other than the competent authority with whom any money has been
deposited under section 81, proceeds with a matter under this Chapter, the former may for the proper
disposal of the matter call for transfer of any records or moneys remaining with the latter and on receipt of
such a request, he shall comply with the same.
     (3) If a competent authority is satisfied that any matter arising out of any proceedings pending before
him can be more conveniently dealt with by any other competent authority, whether in the same State or
not, he may, subject to rules made under this Code relating to this Chapter, order such matter to be
transferred to such other competent authority either for report or for disposal, and, if he does so, shall
forthwith transmit to such other competent authority all documents relevant for the decision of such matter
and, where the matter is transferred for disposal, shall also transmit in the manner as may be prescribed by
the Central Government any money remaining in his hands or invested by him for the benefit of any party
to the proceedings:
    Provided that the competent authority 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.
    (4) The competent authority to whom any matter is so transferred shall, subject to rules made under this
Code relating to this Chapter, inquire therein to 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.
    (5) On receipt of a report from a competent authority to whom any matter has been transferred for report
under sub-section (3), the competent authority by whom it was referred shall decide the matter referred to
in conformity with such report.
    (6) The State Government may transfer any matter from any competent authority appointed by it to any
other competent authority appointed by it.

How to apply this provision

1. Primary statutory test — Provided that no matter shall be processed before or by a competent authority, other than the competent authority having jurisdiction over the area in which the accident took place, without his giving notice electronically or otherwise in the manner prescribed by the Central Government to the competent authority having jurisdiction over the area and the State Government concerned:
2. Additional operative limb — Provided further that, where the employee, being the master of a ship or a seaman or the captain or a member of the crew of an aircraft or an employee in a motor vehicle or a company, meets with the accident outside India, any such matter may be done by or before a competent authority for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered…
3. Qualification / exception to test — Provided that no matter shall be processed before or by a competent authority, other than the competent authority having jurisdiction over the area in which the accident took place, without his giving notice electronically or otherwise in the manner prescribed by the Central Government to the competent authority having jurisdiction over the area and the…
4. Central Rule mapping — 58. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
5. Prescribed-form link recorded in the corpus — XXIX, XXX. Confirm the current notified form/version before filing.
6. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Central Government, State Government, Authority / officer.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 92

Source & verification trail