Presentation on the Employee’s

Compensation Act, 1923

Presentation
:

By:
Dr. D C Baxi, M.Sc, Ph.D, LL.B(Sp), DLP,DBM,DCA,
Former Additional Labour Commissioner,
Gujarat State, Gandhinagar
ILO standards on social security

 Social security is a human right which responds to the

universal need for protection against certain life risks and
social needs.
 Effective social security systems guarantee income security
and health protection, thereby contributing to the prevention
and reduction of poverty and inequality, and the promotion of
social inclusion and human dignity.
 The provision of benefits, in cash or in kind, intended to ensure
access to medical care and health services, as well as income
security throughout the life cycle, particularly in the event of
illness, unemployment, employment injury, maternity, family
responsibilities, invalidity, loss of the family breadwinner, as
well as during retirement and old age.
ILO standards on social security
 Social security systems therefore constitute an important
investment in the well-being of workers and the community as a
whole, and facilitate access to education and vocational
training, nutrition and essential goods and services.
 In relation with other policies, social security contributes to
improving productivity and employability, and to economic
development. For employers and enterprises, social security
helps to maintain a stable workforce that can adapt to changes.
 Finally, it reinforces social solidity and therefore contributes to
building social peace, inclusive societies and a fair globalization
by ensuring decent living conditions for all.
Relevant ILO instruments

 Social Security (Minimum Standards) Convention, 1952 (No. 102) - (ratifications)

This Convention sets out minimum standard for the level of social security
benefits and the conditions under which they are granted. It covers the nine
principal branches of social security, namely medical care, sickness,
unemployment, old age, employment injury, family, maternity, invalidity
and survivors' benefits.
 To ensure that it could be applied in all national circumstances, the convention
offers states the possibility of ratification by accepting at least three of its nine
branches and of subsequently accepting obligations under other branches,
thereby allowing them to progressively attain all the objectives set out in the
convention.
 The level of minimum benefits can be determined with reference to the level of
wages in the country concerned. Temporary exceptions may also be envisaged
for countries whose economy and medical facilities are insufficiently developed,
thereby enabling them to restrict the scope of the convention and the coverage
of the benefits provided.
Relevant ILO instruments

 Social Protection Floors Recommendation, 2

012 (No. 202)

This instrument provides guidance on

introducing or maintaining social protection
floors and on implementing social protection
floors as part of strategies to extend higher
levels of social security to as many people as
possible, in accordance with the guidance set
out in ILO social security standards
ILO standards on social security

 Each Member of the International Labour

Organisation which ratifies this Convention
undertakes to ensure that workmen who
suffer personal injury due to an industrial
accident, or their dependants, shall be
compensated on terms at least equal to those
provided by this Convention.
ILO standards on social security

 Employment injury insurance and protection in

case of injury at workplace is vital to social
peace, inclusive and fair redistribution and the
economic and competitive success.
 Enterprises of all types have the responsibility
to protect all their work force in case of injury
and workplace risks. Through the Global
Programme on Employment Injury Insurance
and Protection (GEIP), the ILO addresses
workforce needs in case of employment injury
Contd…

 Less than 40% of the global workforce is

protected in case of accidents and illnesses at
work.
 Worldwide, only 35.4% of the labour force is
covered "by law" for employment injury
insurance. The challenge of extending
employment injury protection remains of
high importance in many countries.
Contd…
 International Labour Organization (ILO) and Ratification on
Occupational injury and Diseases
 Historically as we know, India is the one of the pioneering
member Countries to the International Labour Organization, a
tri-partite body consisting of representatives of Employer
organizations, representatives of Employees Organization and
representatives of the Government of the member Countries.
 The International Labour Organization in 1964 resolved the
convention No-121 concerning Benefits in the Case of
Employment Injury-Convention C121 was adopted at
Geneva in 48th ILC session (08 Jul 1964). In this convention
following occupational diseases were identified and the said
list was amended in 1980.
Contd…
 Convention No-155 - Occupational Safety and Health
Convention, 1981 (No. 155) was adopted on 22nd June,
1981 in 67th Session of the governing body of
International Labour Organization.
 The International Labour Organization (I.L.O) in the
meeting of experts on the Revision of the List of
Occupational Diseases (Recommendation No. 194)
submitted that according to the Protocol of 2002 to the
Occupational Safety and Health Convention, 1981, the
term Occupational diseases covers any disease
contracted as a result of an exposure to risk factors
arising from work activity
Contd…
 Two main elements are present in the definition of an
occupational disease:
 1. The causal relationship between exposure in a specific
working environment or work activity and a specific disease;
and
 2. The fact that the disease occurs among a group of
exposed persons with a frequency above the average
morbidity of the rest of the population.
 Such Occupational diseases are considered as an Injury in
eyes of Labour Laws and the loss of earning to the workman
due to said disease is to be compensated by employer.
Identification and recognition of occupational diseases.
Contd…
 The number of physical, chemical, biological and
psychosocial factors affecting workers’ health is constantly
on the rise. The ILO has been responding to the challenge of
creating safe and healthy working conditions since its
founding in 1919.
 Agreed by governments as well as employers’ and workers’
organizations, this new list, approved in March 2010, reflects
the state of the art in the identification and recognition of
occupational diseases. The list, annexed here to the List of
Occupational Diseases Recommendation, 2002 (No. 194),
(Recommendation No. 194) is designed to assist countries
in their prevention, recording, notification and, if
applicable, compensation of diseases caused by work.
Contd…
 The new list includes a range of internationally recognized
occupational diseases, from illnesses caused by chemical,
physical and biological agents to respiratory and skin
diseases, musculoskeletal disorders and occupational cancer.
 Mental and behavioral disorders have been, for the first time,
specifically included in the ILO list. The list also has open
items in all the sections dealing with the aforementioned
diseases. The open items allow for the recognition of the
occupational origin of diseases not specified in the list if a
link is established between exposure to risk factors arising
from work activities and the disorders contracted by the
worker.
 List of occupational diseases ILO convention 121
Salient Features of the Act

 An Act to provide for the payment by certain

classes of employers to their Employees of
compensation for injury by accident. Whereas
it is expedient to provide for the payment by
certain classes of employers to their
workmen of compensation for injury by
accident.
Salient features of the Act

 Important Definitions
 "Commissioner" meansa Commissioner for
employee's Compensation appointed under
section 20;

 “compensation” means compensation as

provided for by this Act
Salient features of Act

"dependant" means any of the following relatives of

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 dependant 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 sick;
(iii) if wholly or in part dependant on the earnings of
the employee at the time of his death,--
Salient features of the Act
“Dependent”
(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;
Salient features of the Act
"employee" means a person, who is–
(i) a railway servant as defined in clause (34) of section 2 of the Railways Act,
1989 (24 of 1989), not permanently employed in any administrative district or
sub-divisional office of a railway and not employed in any such capacity as is
specified in Schedule II; or
(ii) (a) a master, seaman or other members of the crew of a ship,
(b) a captain or other member of the crew of an aircraft,
(c) a person recruited as driver, helper, mechanic, cleaner or in any other
capacity in connection with a motor vehicle,
(d) a person recruited for work abroad by a company, and who is
employed outside India in any such capacity as is specified in Schedule II
and the ship, aircraft or motor vehicle, or company, as the case may be, is
registered in India; or
(iii) employed in any such capacity as is specified in Schedule II, whether the
contract of employment was made before or after the passing of this Act and
whether such contract is expressed or implied, oral or 2 in writing;
Salient features of the Act

 “employer” includes anybody of persons

whether incorporated or not and any
managing agent of an employer and the legal
representative of a deceased employer, and,
when the services of a are temporarily lent or
let on hire to another person by the person
with whom the has entered into a contract of
service or apprenticeship, means-such other
person while the is working for him
Salient features of the Act

"partial disablement" means, where the disablement

is of a temporary nature, such disablement as reduces
the earning capacity of a employee in any
employment in which he was engaged at the time of
the accident resulting in the disablement, and, where
the disablement is of a permanent nature, such
disablement as reduces his earning capacity in every
employment which he was capable of undertaking at
that time: provided that every injury specified [in Part
II of Schedule I] shall be deemed to result in
permanent partial disablement;
Salient features of the Act

"total disablement" means such disablement, whether of

a temporary or permanent nature, as incapacitates a
employee for all work which he was capable of performing
at the time of the accident resulting in such disablement:
Provided that permanent total disablement shall be
deemed to result from every injury specified in Part I of
Schedule I or from any combination of injuries specified
in Part II thereof where the aggregate percentage of the
loss of earning capacity, as specified in the said Part II
against those injuries, amounts to one hundred per cent.
or more.
Salient features of the Act

Employer's liability for compensation

If personal injury is caused to a employee by
accident arising out of and in the course of his
employment, his employer shall be liable to
pay compensation in accordance with the
provisions of this Act.
Salient features of the Act
Provided that the employer shall not be so liable –
(a) in respect of any injury which does not result in the total or partial
disablement of the employee for a period exceeding three days;
(b) in respect of any injury, not resulting in death or permanent total
disablement caused by an accident which is directly attributable to—

(i) the employee having been at the time thereof under the influence
of drink or drugs, or
(ii) the willful disobedience of the employee to an order expressly
given, or to a rule expressly framed, for the purpose of securing the
safety of employees or
(iii) the willful removal or disregard by the employee of any safety
guard or other device which he knew to have been provided for the
purpose of securing the safety of employee,
The Employee’s Compensation Act,
1923

 The Act provides for payment of compensation to workmen in

case of injury arising out of and in the course of his
employment

 Every employer shall immediately at the time of employment

of an employee, inform the employee of his rights to
compensation under this Act, in writing as well as through
electronic means, in English or Hindi or in the official language
of the area of employment, as may be understood by the
employee.
 The Act is not applicable, where ESIC Act is applicable

 It is employer’s liability law.

The Employee’s Compensation Act,
1923
 Injury caused to a workmen by an accident
resulting in to the loss of earning capacity called
Disablement
 Disablement may be
1. Total permanent or Partial permanent
2. Total temporary or Partial temporary
 Any diseases contracted out during the course of
employment also called injury
The Employee’s Compensation Act,
1923
 Part-I of schedule I provides for types of total
permanent disablement
1 Loss of both hands
2 Loss of hand and foot
3 Loss of sight
4 Absolute deafness
5 Very severe face disfigurement
6 Death
The Employee’s Compensation Act,
1923
 Part II of the schedule I provides for 48
different types of partial permanent
disablement
 Part III of the Act provides for ‘Occupational
Diseases’ contracted out from the workplace.
The Employee’s Compensation Act,
1923
 About 32 occupational diseases have been
identified. Few examples are;
1 Tuberculosis
2 Silicosis
3 Asbestosis
4 Pneumonia
How ever there may be many decided by case by
Study
The Employee’s Compensation Act,
1923
 Itis very important to identify the root cause
of the occupational diseases
 The National Institute of Occupational Health
(NIOH) conducts the study of occupational
diseases contracted out of any process or so
in given industry.
The Employee’s Compensation Act,
1923
 Schedule IV of the Act provides for
calculation of compensation
 Irrespective to any salary – compensation is
calculated at the salary limit of Rs. 15,000/-
(Amendment in January, 2020)
 In case of Death :
1. 50 % of salary X ___Factor subject to minimum of
Rs. 1,20,000/- or whatever is higher
The Employee’s Compensation Act,
1923

 In case of permanent total disablement

 60 % of salary X ____Factor subject to
minimum of Rs. 1,40,000/- or whatever is
higher
 Higher the age the Factor is low
 Lower the age the Factor is high
 In case of partial disablement actual
expenditure plus loss of wages and
compensation if awarded by the commissioner
The Employee’s Compensation Act,
1923
 Exceptions from paying the compensation
 Any injury which does not result in the total or partial
disablement of the workmen for a period exceeding
Three days
 Workmen under the influence of alcohol or drug
 Deliberately broken the order expressively for safety
 Willful disobedience of the safety norms
The Employee’s Compensation Act,
1923
 Compensation payable under the Act cannot be
assigned or charged.
 It is not liable for any attachment
 Compensation is to be paid immediately
 Labour Court Judge is designated as Workmen
Compensation Commissioner
 Civil Court, in case of non availability of Labour
Court
The Employee’s Compensation Act,
1923
 Simple interest @ of 12% is imposed as penalty in
case of delayed payment of compensation, if
justified
 If Commissioner feels that the delay is not justified,
further sum not exceeding 50 % of the amount can
be recovered from the employer by way of penalty.
The Employee’s Compensation Act,
1923
 Incase of fatal accident employer has to deposit
the amount of compensation with the
Commissioner
 Commissioner is empowered to decide the
amount of compensation (can award
compensation)
 Appeal can be preferred against the order of the
commissioner in the High Court.
 CHAPTER VII

EMPLOYEE'S COMPENSATION

The Social Security Code, 2020

 Salient features

 Nothing in this section shall apply to establishments

to which Chapter IV, relating to Employees' State
Insurance Corporation, applies.
 Reports of fatal accidents and serious bodily injuries.
 Notice is required to be given to any authority, by or on
behalf of an employer, of any accident occurring in his
premises which results in death or serious bodily injury,
the person required to give the notice shall, within
seven days of the death or serious bodily injury, send a
report to the competent authority giving the
circumstances attending the death or serious bodily
injury
Contd…

 "serious bodily injury" means an injury which

involves, or
 in all probability will involve the permanent loss of the
use of, or
 permanent injury to, any limb, or the permanent loss
of or
 injury to the sight or
 hearing, or
 the fracture of any limb, or
 the enforced absence of the injured person from
work for a period exceeding twenty days.
Employer’s liability for compensation

 If personal injury is caused to an employee by

accident or an occupational disease listed in the
Third Schedule arising out of and in the course of
his employment, his employer shall be liable to pay
compensation. (In all 38 such occupational
diseases have been identified and listed under
Third Schedule so far)

 However there may be many more, but need to be

identified by research in different industrial
sectors.
 Contd…
 Provided that the employer shall not be so liable—
 (a) in respect of such injury which does not result in the total or
partial disablement of the employee for a period exceeding three
days; and
 (b) in respect of such injury, not resulting in death or permanent total
disablement caused by an accident which is directly attributable to—
 (i) the employee having been at the time thereof under the influence of
drink or drugs, or
 (ii) the willful disobedience of the employee to an order expressly given,
or to a rule expressly framed, for the purpose of securing the safety of
employees, or
 (iii) the willful removal or disregard by the employee of any safety guard
or other device which he knew to have been provided for the purpose of
securing the safety of employee.
 Contd…
 If an employee employed in any employment specified in
the Second Schedule (49 activities) contracts any disease
specified in the Third Schedule, being an occupational
disease peculiar to that employment whilst in the service
of an employer in whose service he has been employed
for a continuous period of not less than six months,

 Then, such disease shall be deemed to be an injury by

accident within the meaning of this section and unless
the contrary is proved, the accident shall be deemed to
have arisen out of and in the course of the employment.
Contd…

 Anaccident occurring to an employee while

commuting from his residence to the place of
employment for duty or from the place of
employment to his residence after performing
duty, shall be deemed to have arisen out of
and in the course of employment, if nexus
between the circumstances, time and place in
which the accident occurred and his
employment is established.
 Amount of compensation
 (a) Where death results from the injury, an amount equal
to fifty per cent. of the monthly wages of the deceased
employee multiplied by the relevant factor or an
amount as may be notified by the Central Government
from time to time, whichever is more;

 (b) where permanent total disablement results from the

injury, an amount equal to sixty per cent. of the
monthly wages of the injured employee multiplied by
the relevant factor or an amount as may be notified by
the Central Government from time to time, whichever is
more
LIST OF INJURIES DEEMED TO RESULT IN
PERMANENT TOTAL DISABLEMENT

 100 Percentage of loss of earning capacity

1. Loss of both hands or amputation at higher sites
2. Loss of a hand and a foot
3. Double amputation through leg or thigh, or
amputation through leg or thigh on one side and
loss of other foot
4. Loss of sight to such an extent as to render the
claimant unable to perform any work for which eye-
sight is essential
5. Very severe facial disfigurement
6. Absolute deafness
 Contd…
 (c) where permanent partial disablement results from the injury,(50
such disablements have been identified and listed in Fourth Schedule)
—

 (i) in the case of an injury specified in Part II of the Fourth Schedule,

such percentage of the compensation which would have been payable
in the case of permanent total disablement as is specified therein as
being the percentage of the loss of earning capacity caused by that
injury; and

 (ii) in the case of an injury not specified in the Fourth Schedule, such
percentage of the compensation payable in the case of permanent
total disablement as is proportionate to the loss of earning capacity
(as assessed by the medical practitioner) permanently caused by the
injury.
 Contd…
 (d) where temporary disablement, whether total or partial, results from
the injury, a half-monthly payment of the sum equivalent to twenty-
five per cent of monthly wages of the employee, to be paid

 The half-monthly payment referred to in clause (d) of sub-section (1)

shall be payable on the sixteenth day—
 (i) from the date of disablement where such disablement lasts for a period of
twenty-eight days or more; or

 (ii) after the expiry of a waiting period of three days from the date of
disablement, where such disablement lasts for a period of less than twenty-
eight days; and

 (iii) thereafter half-monthly during the disablement or during a period of

five years, whichever is shorter:
Contd…

 (5) The employee shall be reimbursed, the

actual medical expenditure incurred by him
for treatment of injuries caused during the
course of employment, by his employer.
 (6) On the ceasing of the disablement before
the date on which any half-monthly payment
falls due, there shall be payable in respect of
that half-month a sum proportionate to the
duration of the disablement in that half-month.
Contd…

 While fixing the amount of compensation payable

to an employee in respect of an accident which
occurred outside India, the competent
authority shall take into account the amount of
compensation, if any, awarded to such
employee in accordance with the law of the
country in which the accident occurred and shall
reduce the amount fixed by him by the amount
of compensation awarded to the employee in
accordance with the law of that country.
Contd…
 (7) If the injury of the employee results in his death,
the employer shall, in addition to the compensation,
 Deposit with the competent authority a sum of not less
than fifteen thousand rupees or such amount as may be
prescribed by the State Government, for payment of the
same to the eldest surviving dependant of the employee
towards the expenditure of the funeral of such
employee or where the employee did not have a
dependant or was not living with his dependant at the
time of his death, to the person who actually incurred
such expenditure
 Compensation to be paid when due
and damages for default
 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 competent authority or made to the employee, as
the case may be, without prejudice to the right of the employee to make
any further claim.

 Where any employer is in default in paying the compensation due under this
Chapter within one month from the date it fell due, the competent
authority shall,—
 (a) direct that the employer shall, in addition to the amount of the arrears, pay
interest at such rate as may be prescribed by the Central Government, on the
amount due; and
 (b) if in his opinion, there is no justification for the delay, direct that the employer
shall, in addition to the amount of the arrears and interest thereon, pay a further
sum not exceeding fifty per cent. of such amount of arrears by way of damages:
Contd…
 Method of calculating monthly wages for purposes
of compensation.
 where the employee has, during a continuous period of
not less than twelve months immediately preceding the
accident, the monthly wages of the employee shall be
one twelfth of the total wages.
 the employee service is less than one month, then the
employee earlier working for same work for more than
12 months is to be considered.(one twelfth).
 And if, there was no employee so employed, by an
employee employed on similar work in the same locality
Distribution of compensation

 Payment of compensation in respect of an

employee whose injury has resulted in
death, and payment of a lump sum as
compensation to a woman or a person under
a legal disability, should be deposited to
competent authority and no such payment
made directly by an employer shall be
deemed to be a payment of compensation
Contd…

 However, advance payment can be made to

any dependant of the deceased worker and
such advance payment can be adjusted from
the amount of compensation deposited
before the Competent Authority.
 The Competent Authority shall disbursed
compensation to the dependants and will
submit the records to employer for the same.
Contd…

 The competent authority may recover as an

arrear of land revenue any amount and for
such purpose the competent authority shall
be deemed to be a public officer within the
meaning of section 5 of the Revenue
Recovery Act, 1890
Time-Limit for claim

 No claim for compensation shall be

entertained by a competent authority unless
notice of the accident has been given in the
manner hereinafter provided as soon as
practicable after the happening thereof and
unless the claim is preferred before him
within two years of the occurrence of the
accident or, in case of death, within two years
from the date of death.
 Contd…
 Provided that where the accident is the contracting of a
disease are applicable, the accident shall be deemed to have
occurred on the first of the days during which the
employee was continuously absent from work in
consequence of the disablement caused by the disease.

 Provided further that in case of partial disablement due to

the contracting of any such disease and which does not force
the employee to absent himself from work, the period of
two years shall be counted from the day the employee
gives notice of the disablement to his employer
Contd…

 Provided also that if an employee who, having

been employed in an employment for a
continuous period in respect of that
employment, ceases to be so employed and
develops symptoms of an occupational
disease, peculiar to that employment within
two years of the cessation of employment, the
accident shall be deemed to have occurred on
the day on which the symptoms were first
detected.
Contd…

 The competent authority may entertain and

decide any claim to compensation in any case
notwithstanding that the notice has not been
given, or the claim has not been preferred in
due time if he is satisfied that the failure so
to give the notice or prefer the claim, as the
case may be, was due to sufficient cause.
Special provisions

 Special provisions relating to accidents

occurring outside Indian territory
(a) masters of ships or seamen; or
(b) captain and other members of crew of aircraft;
(c) persons recruited by companies registered in India and
working as such abroad;
(d) persons sent for work abroad along with motor vehicles
registered under the Motor Vehicles Act, 1988 as drivers,
helpers, mechanics, cleaners or other employees.
Contd…

 The notice of the accident and the claim for

compensation by a person injured may be
served.
 Where the accident happened and the
disablement commenced on board, the ship
or aircraft, as the case may be, then, it shall
not be necessary for any seaman or members
of the crew of aircraft to give any notice of
the accident.
Contd…

 The claim of compensation shall be made—

 (a) in the case of the death of an employee, one
year after the news of the death has been
received by the claimant.
 (b) in the case where the ship or the aircraft as
the case may be, has been or is deemed to have
been lost with all hands, eighteen months of
the date on which the ship or the aircraft
was, or is deemed to have been, so lost.
Contd…

 The competent authority may entertain any

claim to compensation in any case
notwithstanding that the claim has not been
preferred in due time as provided in this sub-
section, if he is satisfied that the failure so to
prefer the claim was due to sufficient cause.
Medical examination
 Where an employee has given notice of an accident,
he, shall, if the employer offers to have him examined
free of charge by a medical practitioner, before the
expiry of three days from the time, the employee has
to submit him / her self for medical examination before
the medical practitioner, as suggested by employer.

 If employee does not submit / her self for medical

examination before the medical practitioner, as
suggested by employer, he / she may lose right of
compensation.
Contd…

 Where an employee, whose right to

compensation has been suspended, dies
without having submitted himself for medical
examination as required, the competent
authority may, if he thinks fit, direct the
payment of compensation to the dependants
of the deceased employee.
Insolvency of employer
 Where any employer has entered into a contract
with any insurers in respect of any liability under this
Chapter to any employee, then, in the event of the
employer becoming insolvent, the entire liability will
be of insurers.

 If the liability of the insurers to the employee is less

than the liability of the employer to the employee,
the burden of proof shall lie on the employee for the
balance in the insolvency proceedings or liquidation
Powers of Competent Authority

 Where a competent authority receives

information from any source that an
employee has died as a result of an accident
arising out of and in the course of his
employment, he may send by registered post
or where possible, electronically a notice to
the employee's employer requiring him to
submit, within thirty days of the service of
the notice.
 Contd…
 If the employer is of the opinion that he is liable to deposit
compensation, he shall make the deposit within thirty days of
the service of the notice.

 If the employer is of the opinion that he is not liable to deposit

compensation, he shall in his statement indicate the grounds on
which he disclaims liability.

 Where the employer has so disclaimed liability, the competent

authority, after such inquiry as he may think fit, may inform any
of the dependants of the deceased employee, that it is open to
the dependants to prefer a claim for compensation, and may
give them such other further information as he may think fit.
Contd…

 Where in the opinion of the competent

authority, a dependant of the deceased
employee is not in a position to engage an
advocate to file a claim for compensation, the
competent authority may provide an
advocate to such dependant, from the panel
of advocates maintained by the State
Government.
Registration of agreements
 Where the amount of any lump sum payable as
compensation has been settled by 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 under a legal disability,
 a memorandum thereof shall be sent by the employer
to the competent authority, who shall, on being
satisfied as to its genuineness, record the
memorandum in a register, electronically or otherwise
Contd…
 Competent Authority shall not register if;
 (a) No such memorandum shall be recorded before
seven days after communication by the competent
authority of notice to the parties concerned;
 (b) the competent authority may at any time rectify the
register
 (c) If competent authority feels that the agreement has
been obtained by fraud, undue influence or other
improper means and may make such order including an
order as to any sum already paid under the agreement,
as the competent authority thinks just in the
circumstances.
 Appointment of competent authority

 The State Government may, by notification, appoint any

person;
 who is or has been a member of a State Judicial Service for a
period of not less than five years or is or
 has been for not less than five years an advocate or
 Is or has been a Gazetted Officer for not less than five years
having educational qualifications and experience in personnel
management, human resource development, industrial relations
and legal affairs or
 Such other experience and qualifications as may be prescribed
by the appropriate Government to be a competent authority for
the purposes of this Chapter and for such area as may be
specified in the notification.
Thanks
for
Patient hearing