Scanned by CamScanner / J,, / ' - -k~, w~a >-"-l 'L"-(~t • n f cmen's C9mpensation (Amendment) Bill 2009~ge 6 '\.,; L,.,~~f2e9---r-,_..rage 1 of 1 I I I Nigtlf,(~ati.~ti,N'o. s.o. 101(E), dated 18;;; 1.;;.2.010 ~ I .. ; In exercise of the powers conferred by sub-section (2) of section 1 of the Workmen's i Compensation (Amendment) Act, 2009 (45 of 2009), the Central Government hereby . appoints th~ 18th day of January, 2010, as the date on which the said Act shall come into · : force. · · : i Regards, . L . --·· - ··• · ··-·• - ·· ,, Scanned by CamScanner Ui•s C9mpensation (Amendment) act, 2009 ITax Guru /crfarther to amend the Workmen's Compensation'Act, 1923. it e~cted by Parliament in the -Sixtieth Year of the Republic oflndia as follows: Short title and commencement
1. (1) This Act may be called the Workmen.'s Compensation ("Amendment) Act, ?.009. Page 2 of9
(2) It shall come into force on such date as. the Central Government may, by notification in the Official Gazette, appoint. Amendment of long title
2. In the long title to the Workmen's Compensation Act, 1923 (8 of 1923) (hereinafter referred to as 'the principal Act'), for the word "workmen", the word "employees" shall be substituted. Amendment of preamble
3. In the principal Act, in the preamble, for the word "workmen", the word "employees" shall be substituted . • Amendment of section 1
4. In section 1 of the principal Act, in sub-section (1), for the word "Workmen's", the word "Employee's" shall be substituted. Substitution of references to certain expressions by certain other expressions
5. Throughout the principal Act, for the words "workman" and "workmen", wherever they occur, the words "employee" and "employees" shall respectively be substituted, and such other consequential amendments as the rules of grammar may require shall also be made. Amendment of section 2 .
6. In section 2 of the principal Act, in sub-section (1),-
(i) after clause (d}, the following clause shall be inserted, namely:- " ( dd) "employee" means a person, who is-
(i) a railway servant as defined in cl~use (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 ~uch 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, http://www.taxguru.in/general-info/workmen%E2%80%99s-compensation-amendment-act-2009.... 3/18/2010 Scanned by CamScanner ~-------··~--~---·-· .. ·-·---- n's Co~pensation (Amendment) act, 2009 !Tax .Guru Page 3 of9 and who is employed outside India in any such capacity as is sp_ecifie_d in Sc?edul~ II and the ship, aircraft or motor vehicle, or company, as the case may be, 1s reg1ster~d m India; or
(iii) employed in any such capacity as is spe~~fied in ~chedule II, whether the contract ~f employment was made befo~e or. ~er the passmg _of tlus Act and whethe~ s~ch contract. 1s expressed or implied, oral or m wntmg; but does not mclude any person working m the capacity of a member of the Armed Forces of the Union; and any reference to any employee who has been'; injured shall, where the employee is dead; include a reference to his dependants or any of them;'; -
(ii) clause (n) shall be omitted. Amendment of s~ction 4
7. In section 4 of the principal Act,- - (a) in sub-section (1),-
(i) in clause (a), for the words ,·'eighty thousand rupees", the words "one lakh and twenty thousand rupees" shall be substituted; .
(ii) in clause (b), for the words "ninety thousand rupees", the words "one lakh and forty thousand rupees "shall be substituted;
(iii) after clause (b), the following proviso shall be inserted, namely:- "Provided that the Central Government may, by notification in the Official Gazette, from time to time, enhance.the amount of compensation me~tioned in clauses (a) and (b).";
(iv) after clause (b), the Explanation II shall be omitted;
(b) after sub-section (IA), the following sub.:.section shall be inserted, namely:- "(IBJ The Central Government may, by notification in the Official Gazette, specify, for the purposes of sub-section(]), such monthly wages in relation to an employee as it may consider necessary.";
(c) after sub-section (2), the following sub-section shall be inserted, namely;- " (2A) The employee shall be reimbui~ed the actual m_edical expenditure incurred by him for treatment of injuries caused during the course of employment."; · · ·
(d) in sub-section (4),- (A) fo,~ the words "two thousand and five hl.l}ldred rupees", the words "not less than five thousand · rupees shall be substituted; (BJ the following proviso shall be inserted, namely:- ':Provided that the Central Government may, by notification in the Official Gazette from time to time, enhance the amount specified in this sub-section.". . . ' Amendment of section 20 1 tto://www.taxmuu.in/Qeneral-info/workmen%E2%R0%99s-r.nmnP.ncrntinn-~mpnnmPnt.~~t~2009 .... 3/18/2010 Scanned by CamScanner ,-l _JI Page4 of9 - r ·r s~tion 20 e,fthe principal Act, in sub-section (J), after the words "appoint any person", the words "who is r has ~en 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 a pleader 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 and industrial relations" shall be inserted. Insertion of new section 25A
9. After section 25 of the principal Act, the following section shall be inserted, namely:- "25A. Time limit for disposal of cases relating to compensation - The Commissioner shall dispose of the matter relating to compensation under this Act within a period of three months from the date of reference and intimate the decision in respect thereof within the said period to the employee.". Amendment of Schedule II . 0. In Schedule II to the principal 0 Act,--
(i) for the word, figures, brackets and letter "secFion 2(1)(n)", wherever they occur, the word, figures, brackets and letters "section 2(I)(dd)" shall be substituted; fii) in item_ (i), for the words "employed, otherwise than in a clerical capacity or on a railway", the words employed m railways" shall be substituted; ✓(iiD in item (ii), the words "otherwise than in a clerical capacity" shall be ~mitted;
(iv) in item (iii), the _words ''wherein or within the precincts whereof twenty or more persons are so employed" shall be omitted; _
(v) in item (v), the words "other than clerical work" shall be omitted· . , ( vi) in item ( vi),- • (a) clause {b) shall be omitted;
(b) in clause (c), the words, brackets and letter ~'or sub-clause {b)" shall be omitted;
(vii) in item (x), the words "otherwise than in a clerical capacity" shall be omitted;
(viii) in item (xiv), the words "otherwise Th~ ina clerical capacity" shall be omitted· . '
(ix) in item (xvi), the words "in which on any one da f h · . · five persons have been employed" shall be omitted; y o t e precedmg twelve months more than twenty-
(x) f~r item (xviii), the following item shall be substituted, namely:-. "(xviii) employed on any estate which is maintained fo; th . . coffee, rubber or tea; or"; _ e purpose of growmg cardamom, cinchona, {xi) in item (xix) the wo d " th • . - , . r s o erwise than ma clerical capacity" shall be omitted· , {xii) in item (xxvi),- http·l/www tax ·n1 - · · guru.1 general-info/workmen%E2o/c 80o/c 99 .. 0 0 s-comoensation-amendment-act-2009 .... - 3/18/20 IO Scanned by CamScanner • ,.( / _en's C~mpensation (Amendment) act, 2009 IT~ G~ · ,-1 Page 4 of9 n se~ion 20 cf the principal Act, in sub-section (1), after the word~ "appoint any person", the words "who is r has&'en 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 a pleader or is or h:,1s been a Gazetted Officer for not less than five years having educational qualifications and experience in personnel management, human resource development and industrial relations" shall be inserted. Insertion of new section 25A
9. After section 25 of the principal Act, the follo~ing section shall be inserted, namely:- · .. "25A. Time limit for disposal of cases relating lo compensation - The Commissioner shall dispose of the matter relating to compensation under this Act within a period of three months from the date of reference and intimate the decision in respect thereof within th~ said period to the employee.". Amendment of Schedule II e o. In Schedule II to the principal ·Act,-. {i) for the word, figures, brackets and letter "section 2(l)(n)", wherever they occur, the word, figures, brackets and letters "section 2(1)(dd)" shall be substituted; £ii) in item_ (i), for the words "employed, otherwise than in a clerical capacity or on a railway", the words employed m railways" shall be substituted; . (ii{) in item (ii), the words "otherwise than in a clerical capacity" shall be omitted;
(iv) in item (iii), the words "wherein or within the precincts whereof twenty or more persons are so employed" shall be omitted; . .
(v) in item (v), the words "other than clerical work" shall be omitted· . ,
(vi) in item (vi),-
(a) clause (b) shall be omitted; (b} in clause (c), the words, br~ckets and letter ;'or sub-clause (b)" shall be omitted; (vi1) in item (x), the words "otherwise than in a clerical capacity" shall be omitted;
(viii) in item {xiv), the words "otherwise lh~ in:a clerical capacity" shall be omitted· ' g% ~;!:: :i; !:nw~~~~~~d~~tj1~ ~1Zi~~~- day of the preceding twelve months. more than twenty- '
(x) for item (xviii), the following item shall be substituted, namely:-. "(xviii) employed on any estate which is maintained t · th · · coffee, rubber or tea· or"· or e purpose of growmg cardamom, cinchona, ' , . .
(xi) in item (xix), the wprds "otherwise than in a clerical capacity" shall be omitted;
(xii) in item (xxvi),- Scanned by CamScanner ,, - -c: ---- :n's Co1npensntion (Amondmont) not, 2009 ITnx Oltru (!L_ Puge 5 of9 ' (~ill clause (a), the words "nnd in which on t~ ono dny of' tho preceding twelve months ten or more persons hnve been so employed" shull be omitted;
(b) in clnuse (b). tho words "in which on tu1y ono dny• of tho preceding twelve months fifty or more i persons hnve been so employed" shnJl be, omitted;- . · (,·iii) in item (.Yxx). the words "otherwise tl11m inn clcrionl capacity" shull be omitted; (xfr) in items (xl) nnd (xii), tho words "in which on any one dny of the preceding twelve months more than twenty-five persons.have been employed" shnll be omiU.cd;
(xv) the Explanation occurring nfter item {.tlix), nt the end shnll be omitted. ------- ·· ·-•-"""-·•· -~·· · .. - ·-·•--·"''-•· .. - ~, ...... ,., ........... ,. . .... . , ., ... , ........ , .. , .. _,,, .... , .. , , ... , .... , ... , ... , ., .................. , ... , ... ,, . ' " I . · Subscribe for Dnily Free Updntcs, .E~tcr your cnrnil nddrcss: i __ ... _ _ ... -· .-... .. :. . . . . . . . . _ .... . ...... . . ... ... :· . l~:l~_v?r~t,I, .b~' .. :I~~9,~.J~·~, ... . ... .. . Tl: administrative distrkt, ~cmtnllg_QY.em1mmt, @.llllll_C.n&..llli.lCllt, c..Q1llpmsution act, QQIDJ2ensation amendment ~ .consequential amendments. Qflldfllgnz~!N. ~runbk. &.~.n..l.. s~. wr.lillllm, workmen This entry was posted on Saturday, January 9th, 2010 at 2:48 run and is filed under Qenernl Info. You can follow any responses t9 this entry through the RSS 2.0 feed. You can J~.ll.Y..IU\..r.Q.SP!ll~~ .. or~ froni your own site. . Leave a Reply Nrune (required) Mnil (will not be published) (required) Website XHTML: You can use these tags: <a href•"" title"""> <abbr title•""> <acronym title•""'> <b> <blockquote cite•""> <cite> <code> ·<del datetime•""> <·em> <i> <q cite•""> <strike> <strong> - - - -··-- ·--··-··· ·- - ----- -··•• ·····••· .. •·-··· .. ··•· ...... ............ _ ---............................. __ _ - ------ - -·- · .. --...... - .... ... ..... ......... ........ .... .......... __ _ ! Scanned by CamScanner " . . . ... . " .. • . '·. "\ :· ·.·• .\: . ~ ' . . ,, ., ·=~ .... ' ' . ) · ... ·. . ... : . . ·: ., ' . ·,. ·,\ '.\ ,· } \·:·•.· . .. . . \ '!, . . -~ Scanned by CamScanner • ~ o/CPJ /708/2010/16, ~. (V ·
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