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WORKMEN'S COMPENSATION (AMENDMENT) ACT 2009 Preamble

Title: THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009

State: Central

Year: 2009

THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009 [Act No. 45 of 2009] [22nd December 2009] PREAMBLE An Act further to amend the Workmen's Compensation Act, 1923. Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:--

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WORKMEN'S COMPENSATION (AMENDMENT) ACT 2009 Complete Act

Title: WORKMEN'S COMPENSATION (AMENDMENT) ACT 2009

State: Central

Year: 2009

Preamble - THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009 Section1 - Short title and commencement Section2 - Amendment of long title Section3 - Amendment of preamble Section4 - Amendment of section 1 Section5 - Substitution of references to certain expressions by certain other expressions Section6 - Amendment of section 2 Section7 - Amendment of section 4 Section8 - Amendment of section 20 Section9 - Insertion of new section 25A Section10 - Amendment of Schedule II

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EMPLOYEE'S COMPENSATION ACT, 1923 Chapter 2

Title: EMPLOYEES'S COMPENSATION

State: Central

Year: 1923

.....(2)" (w.e.f. 1-6-1959). 13. The words "solely and" omitted by Act 15 of 1933, sec. 3. 14. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd December, 2009 previous text was:- "workman" 15. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd December, 2009 previous text was:- "Workmen" Section 4 - Amount of compensation 1[(1) Subject to the provisions of this Act, the amount of compensation shall be as follows, namely:-- (a) where death results an from the injury amount equal to 2[fifty per cent.] of the monthly wages of the deceased 14[employee] multiplied by the relevant factor; or an amount of 9[one lakh and twenty thousand rupees], whichever is more; (b) where permanent total disablement results from the injury an amount equal to 4[sixty per cent.] of the monthly wages of the injured 14[employee] multiplied by the relevant factor; or an amount of 10[one lakh and forty thousand rupees], whichever is more; .....

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EMPLOYEE'S COMPENSATION ACT, 1923 Preamble

Title: [EMPLOYEES'S] COMPENSATION ACT, 1923

State: Central

Year: 1923

.....Objects and Reasons, see Gazette of India, 1922, Pt. V, p. 313, and for Report of Joint Committee, see Gazette of India, 1923, Pt. V, p. 37. This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941), to Goa, Daman and Diu by Reg. 12 of 1962, sec. 3 and Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, sec. 2 and Sch. I, to Pondicherry by Reg. 7 of 1963, sec. 3 and Sch. I, and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, sec. 3 and Sch., and has also been declared in force in the district of Khondmals by sec. 3 and Sch. of the Khondmals Laws Regulation, 1936 (4 of 1936) and in the district of Angul by sec. 3 and Sch. of the Angul Laws Regulation, 1936 (5 of 1936). Extended to Sikkim w.e.f. 1-11-1986 vide G.S.R. 529 (E), dt. 30-12-1986. This Act has been modified in its application to apprentices under the Apprentices Act, 1961 (52 of 1961) by sec. 16 and Sch. to that Act. 2. Substituted by the Workmen's Compensation (Amendment) Act, 2009 to be effective from 18.01.2010 vide Notification No. S.O. 101(E) dated 18.01.2010 previous text was:- : "WORKMEN'S" 3. Substituted by the Workmen's Compensation (Amendment) Act, 2009 to be effective.....

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EMPLOYEE'S COMPENSATION ACT, 1923 Section 4

Title: Amount of compensation

State: Central

Year: 1923

.....an from the injury amount equal to 2[fifty per cent.] of the monthly wages of the deceased 14[employee] multiplied by the relevant factor; or an amount of 9[one lakh and twenty thousand rupees], whichever is more; (b) where permanent total disablement results from the injury an amount equal to 4[sixty per cent.] of the monthly wages of the injured 14[employee] multiplied by the relevant factor; or an amount of 10[one lakh and forty thousand rupees], whichever is more; 11[Provided that the Central Government may, by notification in the Official Gazette, from time to time, enhance the amount of compensation mentioned in clauses (a) and (b).] Explanation I.--For the purposes of clause (a) and clause (b), "relevant factor", in relation to a 14[employee] means the factor specified in the second column of Schedule IV against the entry in the first column of that Schedule specifying the number of years which are the same as the completed years of the age of the 14[employee] on his last birthday immediately preceding the date on which the compensation fell.....

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EMPLOYEE'S COMPENSATION ACT, 1923 Section 3

Title: Employer's liability for compensation

State: Central

Year: 1923

.....1962, sec. 3 (w.e.f. 1-2-1963). 8. Subs. by Act 64 of 1962, sec. 3, for sub-section (2A) (w.e.f. 1-2-1963). 9. Subs. by Act 30 of 1995, sec. 3, for certain words (w.e.f. 15-9-1995). 10. Ins. by Act 30 of 1995, sec. 3 (w.e.f. 15-9-1995). 11. Certain words omitted by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971). 12. Subs. by Act 8 of 1959, sec. 3, for "sub-section (2)" (w.e.f. 1-6-1959). 13. The words "solely and" omitted by Act 15 of 1933, sec. 3. 14. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd December, 2009 previous text was:- "workman" 15. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd December, 2009 previous text was:- "Workmen"

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EMPLOYEE'S COMPENSATION ACT, 1923 Section 8

Title: Distribution of compensation

State: Central

Year: 1923

.....in any case in which it would involve the repayment by a dependant of any sum already paid to him. 4[(9) 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.] _________________________ 1. Subs. by Act 5 of 1929, sec. 4, for sub-sections (1) to (3). 2. Subs. by Act 15 of 1933, sec. 6, for the proviso. 3. Subs. by Act 30 of 1995, sec. 6, for certain words (w.e.f. 15-9-1995). 4. Ins. by Act 5 of 1929, sec. 4. 5. Certain words omitted by Act 30 of 1995, sec. 6 (w.e.f. 15-9-1995). Earlier the said words were amended by Act 5 of 1959, sec. 7 (w.e.f. 1-6-1959). 6. Subs. by Act 5 of 1929, sec. 4, for sub-sections (5). 7. Sub-section (6) re-numbered as sub-section (8) by Act 5 of 1929, sec. 4. 8. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd December, 2009 previous text was:- "workman"

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EMPLOYEE'S COMPENSATION ACT, 1923 Section 35

Title: Rules to give effect to arrangements with other countries for the transfer of money paid as compensation

State: Central

Year: 1923

.....in respect of any such money.] _________________ 1. Ins. by Act 15 of 1933, sec. 20. 2. Section 35 re-numbered as sub-section (1) of that section by Act 7 of 1937, sec. 2. 3. The words and letter "to any Part B State or" omitted by Act 3 of 1951, sec. 3 and Sch. 4. Subs. by Act 22 of 1984, sec. 5, for "to any part of His Majesty's Dominions or to any other country" (w.e.f. 1-7-1984). 5. Subs. by Act 7 of 1937, sec. 2, for "paid to". 6. Subs. by Act 7 of 1937, sec. 2, for "for the benefit of". 7. Subs. by Act 3 of 1951, sec. 3, and Sch., for "such State, part or country". 8. Subs. by Act 22 of 1984, sec. 5, for "such part or country" (w.e.f. 1-7-1984). 9. Ins. by Act 7 of 1937, sec. 2. 10. Subs. by Act 3 of 1951, sec. 3, and Sch., for "a Part A State or Part C State". 11. Subs. by Act 7 of 1937, sec. 2, for "awarded". 12. The words and letter "in any Part B State" omitted by Act 3 of 1951, sec. 3 and Sch. 13. The word "or" omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957). 14. Subs. by Act 22 of 1984, sec. 5, for "in any part of His Majesty's Dominions or in any country" (w.e.f. 1-7-1984). 15. Subs. by Act 7 of 1937, sec. 2, for.....

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EMPLOYEE'S COMPENSATION ACT, 1923 Section 16

Title: Returns as to compensation

State: Central

Year: 1923

The 1[State Government] may, by notification in the Official Gazette, direct that every person employing 2[employees], or that any specified class of such persons, shall send at such time and in such form and to such authority, as may be specified in the notification, a correct return specifying the number of injuries in respect of which compensation has been paid by the employer during the previous year and the amount of such compensation together with such other particulars as to the compensation as the 1[State Government] may direct. ________________________ 1. The words "G.G. in C." have successively been substituted by the A.O. 1937 and the A.O. 1950 to read as above. 2. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd December, 2009 previous text was:- "Workmen"

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EMPLOYEE'S COMPENSATION ACT, 1923 Section 4A

Title: Compensation to be paid when due and penalty for default

State: Central

Year: 1923

.....the purposes of this sub-section, "scheduled bank" means a bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934). 3[(3A) The interest and the penalty payable under sub-section (3) shall be paid to the 4[employee] or his dependant, as the case may be.]] ___________________________ 1. Ins. by Act 8 of 1959, sec. 5 (w.e.f. 1-6-1959). 2. Subs. by Act 30 of 1995, sec. 5, for sub-section (3) (w.e.f. 15-9-1995). 3. Subs. by Act 46 of 2000, sec. 4, for sub-section (3A) (w.e.f. 8-12-2000). 4. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd December, 2009 previous text was:- "workman"

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