SHAMBHOO SINGH, J. ( 1 ) THIS revision petition is directed against the order dated 9. 4. 99 passed in W. C. C. No. 112 of 1988 by Commissioner, Workmen's Compensation, Indore. In this case the petitioner applicant filed the claim case averring that he was engaged by the non-applicant as a labourer and while going down in the well with the help of a rope which broke and he fell down in the well and sustained injuries. He claimed compensation of Rs. 20,000. The non-applicant resisted the claim. The commissioner awarded Rs. 25,327. 50 with interest at the rate of 6 per cent per annum as compensation and also imposed penalty of Rs. 10,000. However, the Commissioner vide order dated 9. 4. 99 directed the non-applicant to deposit Rs. 25,327. 50 with interest to be paid to the petitioner and further directed that the penalty amount of rs. 10,000 be credited to the Government in view of section 4-A (3-A), Workmen's compensation Act (for short 'the Act' ). The petitioner is challenging this direction. ( 2 ) MR. Y. Thakur, learned counsel for the petitioner, submitted that the iearned commissioner committed error in directing penalty amount to be credited to the government. He submitted that the provision for crediting the amount of penalty to the State Government came into force on 15. 9. 1995 while this accident took place on 8. 2. 84, therefore, this amount could not be directed to be credited to the Government. ( 3 ) IN the year 1984, section 4-A of the act was as under:"section 4-A. Compensation to be. paid when due and penalty for default. (1) Compensation under section 4 shall be paid as soon as it falls due. (2) In cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and, such payment shall be deposited with the Commissioner or made to the workman, as the case may be, without prejudice to the right of the workman to make any further claim. (3) Where any employer is in default in paying the compensation due under this act within one month from the date it fell due, the Commissioner may direct that, in addition to the amount of the arrears, simple interest at the rate of six per cent per annum on the amount due together with, if in the opinion of the commissioner there is no justification for the delay, a further sum not exceeding fifty per cent of such amount, shall be recovered from the employer by way of penalty. " ( 4 ) ACCORDING to section 4-A (3), if the employer committed default in paying the compensation due under this Act within one month from the date it fell due, the commissioner could direct in addition to the amount of arrears, simple interest at the rate of 6 per cent per annum on the amount due together with, if in the opinion of the Commissioner there was no justification for the delay, penalty could be imposed on the employer and penalty amount could be paid to the claimant. However, by the Amending Act No. 30 of 1995, section 4-A was amended by inserting sub-section (3-A ). It is reproduced below:" (3-A) The interest payable under subsection (3) shall be paid to the workman or his dependant, as the case may be, and the penalty shall be credited to the state Government. " ( 5 ) IT is clear from the above that the penalty amount shall be credited to the state Government. ( 6 ) THIS amendment has not been given retrospective effect. As stated earlier, it came into force on 15. 5. 1995 and the accident had taken place in the year 1984 when the penalty amount could not be directed to be credited to the State Government. Therefore, the Commissioner committed an error in directing the penalty amount of rs. 10,000 to be credited to the Government. ( 7 ) IN view of the above, the impugned direction of crediting amount of Rs. 10,000 to the Government is set aside. Thus, the revision is allowed. No order as to costs. Revision allowed. .