Page 232 - DMGT516_LABOUR_LEGISLATIONS
P. 232

Unit 9: Social Security Legislations




          (3)  The  receipt  of  the  Commissioner  shall  be  a  sufficient  discharge  in  respect  of  any  Notes
               compensation deposited with him.
          (4)  On the deposit of any money under sub-section (1), as compensation in respect of a deceased
               workman, the Commissioner shall, if he thinks necessary, cause notice to be published or
               to be served on each dependant in such manner as he thinks fit, calling upon the dependents
               to appear before him on such date as he may fix for determining the distribution of the
               compensation. If the Commissioner is satisfied after any enquiry which he may deem
               necessary, that no dependant exists, he shall repay the balance of the money to the employer
               by whom it was paid. The Commissioner shall, on application by the employer, furnish a
               settlement showing in detail all disbursements made.
          (5)  Compensation deposited in respect of a deceased workman shall, subject to any deduction
               made under sub-section (4), be apportioned among the dependents of the deceased workman
               or any of them in such proportion as the Commissioner thinks fit, or may, in the discretion
               of the Commissioner, be allotted to any one dependant.
          (6)  Where any compensation deposited with the Commissioner is payable to any person, the
               Commissioner shall, if the person to whom the compensation is payable is not a woman
               or a person under a legal disability, and may, in other cases, pay the money to the person
               entitled  thereto.

          (7)  Where any  lump sum deposited with the Commissioner  is payable  to a woman or  a
               person under a legal disability, such sum may be invested, applied  or otherwise dealt
               with for the benefit of the woman, or of such person during his disability, in such manner
               as the Commissioner may direct; and where a half-monthly payment is payable to any
               person under  a legal  disability, the Commissioner may, on his own motion or on an
               application made to him in this behalf, order that the payment be made during the disability
               to any dependant of the workman or to any other person whom the Commissioner thinks
               best fitted to provide for the welfare of the workman.
          (8)  Where,  on application  made to him in  this behalf  or otherwise,  the Commissioner  is
               satisfied that, on account of neglect of children on the party of a parent or on account of
               neglect of children on the part of a parent or on account of the variation of the circumstances
               of any dependant or for any other sufficient cause, an order of the Commissioner as to the
               distribution of any sum paid  as compensation or as to the manner in which any sum
               payable to any such dependant is to be invested, applied or otherwise dealt with, ought to
               be varied, the Commissioner may make such orders for the variation of the former order
               as he thinks just in the circumstances of the case.
          (9)  Provided that no such order prejudicial to any person shall be made, unless such person
               has been given an opportunity of showing cause why the order should not be made, or
               shall be made in any case in which it would involve the repayment by a dependant of any
               sum already paid to him.
          (10)  Where the Commissioner varies any order under sub-section (8) by reason of the fact that
               payment of compensation to any person has been obtained by fraud, impersonation or
               other improper means, any amount so paid to or on behalf of such person may be recovered
               in the manner hereinafter provided in section 31.

          Registration of Agreements

          1.   Where  the amount  of any lump-sum payable  as compensation has been settled by  an
               agreement, whether by way of redemption of a half-monthly payment or otherwise, or
               where any compensation has been so settled as being payable to a woman or a person





                                            LOVELY PROFESSIONAL UNIVERSITY                                  227
   227   228   229   230   231   232   233   234   235   236   237