Workmen's Compensation Act 1923

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MADHUKAR SAXENA
RBMI, Bareilly
Workmen’s
Compensation Act 1923
Workmen’s Compensation Act 1923

Object of the Act


a. The Employees’ Compensation Act is social security legislation.
b. It imposes statutory liability upon an employer to discharge his moral
obligation towards his employees when they suffer from physical disabilities
and diseases during the course of employment in hazardous working
conditions.
c. The Act also seeks to help the dependents of the employee rendered destitute
by the ‘accidents’ and from the hardship arising out from such accidents.
d. The Act provides for cheaper and quicker mode of disposal of disputes relating
to compensation through special proceedings than possible under the civil law.
e. The Act extends to the whole of India
Workmen’s Compensation Act 1923
Definitions
(i) Dependant
Section 2(1)(d) of the Act defines “dependant” as to mean any of the following
relatives of a deceased employee, namely:
(i) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted
daughter, or a widowed mother, and
(ii) if wholly dependent on the earnings of the employee at the time of his death, a
son or a daughter who has attained the age of 18 years and who is infirm; and
(iii) if wholly or in part dependent on the earnings of the employee at the time of
his death:
(a) a widower, (b) a parent other than a widowed mother,
(c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate
or illegitimate or adopted if married and a minor, or if widowed and a minor,
(d) a minor brother or an unmarried sister, or a widowed sister if a minor,
(e) a widowed daughter-in-law, (f) a minor child of a pre-deceased son,
(g) a minor child of a pre-deceased daughter where no parent of the child is alive
or
(h) a paternal grandparent, if no parent of the employee is alive
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Workmen’s Compensation Act 1923
Distribution of compensation
No compensation has to be paid in respect of an employee whose injury has resulted in
death and no payment of lump sum compensation to a woman or a person under a legal
disability except by deposit with the Commissioner. The employer cannot make payment of
compensation directly to the deceased legal heirs. It is the Commissioner who decides on
the distribution of compensation to the legal heirs of the deceased employee.
(Section 8)

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