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Section 92: Powers and procedure of Competent Authority

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Employee's Compensation
Competent Labour Forum
Act No. 36 of 2020
Section 91 All 163 Sections of Code on Social Security, 2020 Section 93

Legal Commentary & Landmark Judgments: Section 92

Section 92 of the Code on Social Security, 2020 confers upon the Competent Authority the core powers of a Civil Court under the Code of Civil Procedure, 1908 for the purpose of taking evidence, enforcing attendance, compelling production of records, and executing summary inquiries.

  • Civil Court Status for Evidentiary Inquiries: Vests the Competent Authority with all powers of a Civil Court under the Code of Civil Procedure, 1908 in respect of: (a) enforcing the attendance of any person and examining them on oath; (b) compelling the production of documents, payroll registers, and material objects; and (c) issuing commissions for the examination of witnesses or medical experts.
  • Deemed Civil Court and Penal Code Integration: Statutorily declares all proceedings before the Competent Authority to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code (now Sections 229 and 269 of BNS, 2023), and deems the authority to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (now Chapter XXVIII of BNSS, 2023).
  • Local Inspection and Investigative Entry Powers: Empowers the Competent Authority, at any time after providing reasonable notice, to enter any premises where the accident occurred or where business records are maintained to conduct local inspections, take photographs, inspect plant machinery, and ascertain operational realities.
  • Summary Procedure and Curtailment of Interlocutory Delays: Directs the Competent Authority to adopt summary procedures to eliminate interlocutory stay petitions, prioritizing expedited final determinations over protracted civil trial practices.
Key Landmark Precedents:
  • Union of India v. Tulsiram Patel (1985) 3 SCC 398: The Supreme Court affirmed that quasi-judicial bodies vested with statutory civil court powers must balance summary flexibility with fundamental natural justice, guaranteeing that no party is condemned unheard.
  • State of Haryana v. Rattan Singh (1977) 2 SCC 491: The Supreme Court established that technical rules of the Indian Evidence Act do not apply with full civil rigor to labour inquiries, provided the evidence has probative value and fairness is maintained.
  • Bareilly Electricity Supply Co. Ltd. v. The Workmen (1971) 2 SCC 617: Held that while labour tribunals are not bound by the strict technicalities of the Evidence Act, findings must be grounded on legal evidence and admitted documents must be properly proved rather than accepted as ipse dixit.
Courtroom Practice & Strategic Litigation Guidance:

When appearing before the Competent Authority, practitioners should avoid filing voluminous formal interrogatories or repetitive applications under CPC provisions that cause needless delay. Treat the proceeding as an expedited summary judicial inquiry: summon the hospital's Chief Medical Officer or the Factory Inspector under Section 92 via witness summons on payment of nominal process diet money to prove the employer-employee relationship and disability percentage on the very first hearing.

Section 91 All 163 Sections of Code on Social Security, 2020 Section 93