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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:--

WORKMEN'S COMPENSATION ACT, 1923 Complete Act

State: Central

Year: 1923

.....by rules made under this Act; (i) "qualified medical practitioner" means any person registered10[* * *] under any11[Central Act, Provincial Act, or an Act of the Legislature of a12[State]] providing for the maintenance of a register of medical practitioners, or, in any area where no such last-mentioned Act is in force, any person declared by the State Government, by notification in the Official Gazette, to be a qualified medical practitioner for the purposes of this Act;13[* * *] 14(k) "seaman" means any person forming part of the crew of any15[* * *] ship, but does not include the master of16[the] ship; (l) "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement:17[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;].....

WORKMEN'S COMPENSATION (AMENDMENT) ACT 2009 Section 2

Title: Amendment of long title

State: Central

Year: 2009

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.

WORKMEN'S COMPENSATION (AMENDMENT) ACT 2009 Section 1

Title: Short title and commencement

State: Central

Year: 2009

(1) This Act may be called the Workmen's Compensation (Amendment) Act, 2009. (2) It shall come into force on such 1date as the Central Government may, by notification in the Official Gazette, appoint. _______________________________ 1. To be effective from 18.01.2010 vide Notification No. SO101(E), dated 18.01.2010.

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

WORKMEN'S COMPENSATION (AMENDMENT) ACT 2009 Section 9

Title: Insertion of new section 25A

State: Central

Year: 2009

After section 25 of the principal Act, the following section shall be inserted, namely:-- "25 A. 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.".

WORKMEN'S COMPENSATION (AMENDMENT) ACT 2009 Section 7

Title: Amendment of section 4

State: Central

Year: 2009

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 mentioned in clauses (a) and (b)."; (iv) after clause (b), Explanation II shall be omitted; (b) after sub-section (1A), the following sub-section shall be inserted, namely:-- "(1B) The Central Government may, by notification in the Official Gazette, specify, for the purposes of sub-section (1), 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 reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment."; (d) in sub-section (4),-- .....

WORKMEN'S COMPENSATION (AMENDMENT) ACT 2009 Section 4

Title: Amendment of section 1

State: Central

Year: 2009

In section 1 of the principal Act, in sub-section (1), for the word "Workmen's", the word "Employee's" shall be substituted.

WORKMEN'S COMPENSATION (AMENDMENT) ACT 2009 Section 5

Title: Substitution of references to certain expressions by certain other expressions

State: Central

Year: 2009

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.

WORKMEN'S COMPENSATION (AMENDMENT) ACT 2009 Section 3

Title: Amendment of preamble

State: Central

Year: 2009

In the principal Act, in the preamble, for the word "workmen", the word "employees" shall be substituted.