Rule 62. Application and procedure for review of half monthly payments without medical certificate under sub-section (1) of Section 79

(1) When applications may be made without medical certificates application for review of half monthly payment under sub-section (1) of Section 79 may be made without being accompanying a medical certificate, –

(a) by the employer, on the ground that since the right of compensation was determined, the employee’s wages have increased;

(b) by the employee, on the ground that since the right to compensation was determined, his wages have diminished;

(c) by the employee on the ground that the employer, having commenced to pay compensation, has ceased to pay the same, notwithstanding the fact that there has been no change in the employees conditions as such to warrant such cessation;

(d) either by the employer or by the employee, on the ground that the determination of the rate of compensation for the time being in force was obtained by fraud or undue influence or other improper means; or

(e) either by the employer or by the employee on the ground that in the determination of compensation there is a mistake or error apparent on the face of the record.

(2) Procedure on application for review-If, on examining an application for review by an employer in which the reduction or discontinuance of half monthly payment is sought it appears to the Competent Authority that there is reasonable grounds for believing that the employer has the right to such reduction or discontinuance, he may at any time issue an order after giving the employee likely to be affected thereby an opportunity of being heard, for withholding the half monthly payments in whole or in part pending his decision on the application.

(3) Procedure on application for commutation-

(a) where application is made to the Competent Authority under sub-section (7) for redemption of the right to receive half-monthly payments by the payment of a lump-sum, the Competent Authority shall form an estimate of the probable duration of the disablement and a sum of equivalent to the total of half-monthly payments would be payable for the period during which he estimated the disablement with continue, less one-half per cent, of the total for each month comprised in that period:

Provided that fractions of a rupee included in the sum so computed, shall be disregarded;

(b) when in any case to which sub-rule (a) applies, the Competent Authority is unable to form an approximate estimate of the probable duration of the disablement, he may from time to time postpone a decision on the application for a period not exceeding two months at any one time.