Page 233 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes under a legal disability, a memorandum thereof shall be sent by the employer to the
Commissioner, who shall, on being satisfied as to its genuineness, record the memorandum
in a register in the prescribed manner:
Provided that,
(i) No such memorandum shall be recorded before seven days after communication by
the Commissioner of notice of the parties concerned;
(ii) The Commissioner may at any time rectify the register;
(iii) Where it appears to the Commissioner that an agreement as to the payment of
lump-sum whether by way of redemption of half-monthly payment or otherwise,
or an agreement as to the amount of compensation payable to a woman or a person
under a legal disability, ought not to be registered by reason of the inadequacy of
the sum or amount, or by reason of the agreement having been obtained by fraud or
undue influence or other improper means, he may refuse to record the memorandum
of the agreement and may make such order, including an order as to any sum
already paid under the agreement, s/he thinks just in the circumstances.
2. An agreement for the payment of compensation, which has been registered under the
above provisions, shall be enforceable under this Act, notwithstanding anything contained
in the Indian Contract Act, 1872, or in any other law for the time being in force.
However, where a memorandum of any agreement, the registration of agreement is required
and if it is not sent to the Commissioner, the employer shall be liable to pay the full amount of
compensation which he is liable to pay under the provisions of this Act.

Caselet Workmen's Compensation Bill Introduced in LS

Bill to enhance the compensation to workers and their dependents in case of
industrial accidents and occupational diseases was introduced in the Lok Sabha
Aon Friday.
Amendments to the Workmen's Compensation Act, 1923, introduced by the Minister of
State for Labour, Mr Harish Rawat, would make the legislation more worker-friendly and
gender-neutral.

The Workmen's Compensation (Amendment) Bill, 2009, seeks the substitution of the
word "workman" with "employee" to ensure that the Act is applicable to all classes of
employees and make the expression gender-neutral.
The Bill proposes providing an enhancement in minimum rates of compensation from
80,000 to 1.20 lakhs for death of an employee and from 90,000 to 1.40 lakhs in case
of permanent disability.
It also empowers the Central Government to enhance the minimum rates from time to
time. The Bill was introduced in the House in October last year but had lapsed due to the
dissolution of the 14th Lok Sabha.

Source: thehindubusinessline.com

228 LOVELY PROFESSIONAL UNIVERSITY