Section 21. Venue of proceedings and transfer
(1) Where any matter is to be done by or before a Commissioner under this Act, it shall, subject to this Act and rules made hereunder, be done by or before the Commissioner for the area in which (a) the accident took place, or (b) the employee (or, in case of death, the dependant claiming compensation) ordinarily resides, or (c) the employer has his registered office: Provided that no matter shall be processed before a Commissioner other than the Commissioner having jurisdiction over the area in which the accident took place, without notice in the prescribed manner to the Commissioner and State Government having jurisdiction over that area: Provided further that, where the employee (being a master or seaman of a ship, captain or crew of an aircraft, or an employee in a motor vehicle or company) meets with the accident outside India, the matter may be done by or before a Commissioner for the area where 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.
(1A) If a Commissioner other than the one with whom money has been deposited under section 8 proceeds with a matter, he may call for transfer of records or money, and the latter shall comply.
(2) If a Commissioner is satisfied that a pending matter can be more conveniently dealt with by another Commissioner, whether in the same State or not, he may, subject to rules, order transfer for report or disposal, transmitting relevant documents and, where transferred for disposal, any money held for the benefit of a party: Provided that the Commissioner shall not, where a party has appeared before him, order transfer relating to distribution among dependants of a lump sum without giving that party an opportunity of being heard.
(3) The Commissioner to whom a matter is transferred shall inquire thereinto and, if transferred for report, return his report, or, if transferred for disposal, continue the proceedings as if originally commenced before him.
(4) On receipt of a report under sub-section (2), the referring Commissioner shall decide the matter in conformity with the report.
(5) The State Government may transfer any matter from any Commissioner appointed by it to any other Commissioner appointed by it.
