Insurance (Intermittent Unemployment) (Determination of Questions) Regulations, 1943.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Insurance (Intermittent Unemployment) (Determination of Questions) Regulations, 1943.
2 Interpretation.
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paragraphs: Unless the context otherwise requires or admits, any reference in these Regulations to the Act, shall be construed as a reference to the Act as amended by any order or subsequent enactment.
3 Application for determination of question.
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paragraphs: —(1) Any person, or association of employers or employees, or the Secretary or an Assistant Secretary or any other officer of the Department of Industry and Commerce authorised by the Minister in that behalf, who desires to obtain the decision of the Minister on any question required to be determined by the Minister under section 10 of the Act, may make an application therefor by sending to the Minister an application in the form set out in the Schedule hereto, or in such other form as the Minister may from time to time direct or accept.
(2) If the Minister on the consideration of any application under these Regulations is of opinion that the application is not made bona fide or is made by a person or association having no interest in the question or is frivolous he may refuse to decide the question.
4 Procedure on receipt of application.
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paragraphs: —(1) On receipt of any application purporting to be made under Regulations 3 (1) of these Regulations, the Minister may, in any case in which he is of the opinion that the particulars therein contained are incomplete or insufficient, return the application to the applicant for amendment by the inclusion therein of such further and better particulars as the Minister considers necessary, and in such a case unless and until the application has been so amended as aforesaid, it shall not be deemed to be an application duly made under the last preceding Regulation.
(2) If the application for the determination of a question is duly made by a person other than the employer of the person regarding whose employment the question has arisen, the Minister shall send a copy of the application to the employer, together with a notice requiring the employer to send him such particulars as the Minister may request.
(3) The Minister shall send a copy of any application duly made to any other person, who appears to him to be directly concerned (not being a person by whom the application was made) and may also send a copy to any person who appears to him to be interested. The Minister shall send, together with copy of the application, notice requesting such other person to whom the copy is sent to send to him such particulars as that person may desire to furnish.
(4) The notices to be sent under the two immediately preceding paragraphs shall specify the time within which the particulars are to be sent, and shall state that if no particulars are received within the time specified the Minister may give his decision forthwith on the information contained in the application.
5 Determination of question.
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paragraphs: —(1) The Minister may, if in his opinion the particulars contained in the application and any further particulars that may be received pursuant to Regulation 4 hereof enable him so to do, give his decision on the facts so appearing.
(2) The Minister may, if such particulars do not enable him to give a decision, obtain from any of the persons referred to in Regulation 4 hereof, or in such other manner as he may think fit, such further particulars as will enable him to give his decision and it shall be the duty of the employer of the person in regard to whose employment the question for determination has arisen to furnish such particulars as the Minister may require.
6 Oral hearing of application.
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paragraphs: The Minister may, if he thinks fit, appoint a person to hold a hearing of the application and shall send at least seven days' notice of the date and place fixed for the hearing to the person who made the application, and to all the persons to whom copies of such application have been sent and from whom particulars relating to the application have been received and to such other persons as the Minister thinks fit.
7 Procedure at hearing.
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paragraphs: —(1) The person who has made the application for the determination, and any person to whom a copy of the application has been sent and from whom particulars in reply have been received, shall be entitled to attend and be heard at the hearing.
(2) Subject as aforesaid, the procedure at a hearing shall be such as the Minister, or the person before whom the hearing takes place, may determine.
8 Notice of decision of Minister.
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paragraphs: The Minister shall give notice of his decision to the person making the application, to the persons appearing to him to be directly concerned, and to such other persons as he may think fit, and may publish the decision in such manner as he thinks fit.
9 Reference to Minister of questions arising in any proceedings.
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paragraphs: Where any question is required to be referred to the Minister under sub-section (6) of section 51 of the Act the question shall be referred to the Minister by means of an application for the purpose made by such officer, inspector, or other person as the Court before which the proceedings in which the question arises are pending may order or direct or, in default of such order or direction, by a person who is for the time being an inspector appointed by the Minister under section 48 of the Act, and the provisions of these Regulations shall apply accordingly with such modifications as the circumstances may require.
10 Revision of decisions.
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paragraphs: If upon any new facts being brought to the notice of the Minister it appears to him that the case is one in which a decision given by him under sub-section (1) of section 10 of the Act (other than a decision against which an appeal is pending or as respects which the time for appealing has not expired) should be reconsidered with a view to a revision or reversal of that decision under sub-section (3) of section 10 of the Act, the provisions of these Regulations shall apply with such modifications, if any, as the circumstances may require as though an application had been made.
11 Reference of questions to the High Court.
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paragraphs: If the Minister, instead of himself determining any application made to him for decision under sub-section (1) of section 10 of the Act, decides to refer the application for decision to the High Court, he shall send notification to that effect to the applicant and to any person who appears to him to be directly concerned, and, in addition, if he thinks fit, to any other person or body of persons appearing to him to be interested :
Provided that if the Minister is of opinion that the case is one in which a public notice ought to be given, he shall give public notice to that effect in such manner as he thinks fit.
12 Sending of Notices.
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paragraphs: Any notice or other document which under these Regulations is to be sent to any person shall be deemed to be duly sent if sent by post to that person at his ordinary or last known address.
13 ..
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paragraphs: Notwithstanding anything in these Regulations, if in any case the Minister is of opinion that a question has arisen that ought to be decided by him under section 10 of the Act, and that it is not practicable to obtain in the manner hereinbefore provided such particulars as are necessary to enable him to give such decision in that case, then the Minister may, in such manner as he may think fit, obtain such particulars as may be necessary to enable him so to do, and it shall be the duty of an employer to furnish any particulars that the Minister may require him to furnish for the determination of any such question :
Provided that no such decision shall be given until the Minister has sent such particulars to any persons directly concerned, and to such other persons as may appear to him to be interested, so as to afford them or any of them an opportunity of making upon such particulars such observations as they shall think fit so to make.