REGISTERED NO. DL-(N)04/0007/2003-09 रजिस्ट्री से डी० एल(एन)04/0007/2003-09
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II - खण्ड 1
PART II Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, बुधवार, दिसम्बर 23 , 2009/ पौष 2, 1931
सं॰ 52] No. 52] NEW DELHI, WEDNESDAY, DECEMBER 23 , 2009 / PAUSA 2, 1931
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi , the 23rd December , 2009 / Pausa 2, 1931 (Saka)
The following Act of Parliament received the assent of the President on the 22nd December, 2009 , and is hereby published for general information:-
THE WORKMEN'S COMPENSATION ( AMENDMENT) ACT, 2009
No.45 OF 2009
[22nd December; 2009. ]
AnAct further to amend the Workmen's Compensation Act, 1923 .
BE itenactedby Parliament in the Sixtieth Year ofthe Republic of India as follows:-
Short title and commence- ment.
2009. 1. (1) This Act may be called the Workmen's Compensation (Amendment) Act,
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette , appoint.
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THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
Amendment of long title.
8 of 1923.
2.Inthe long title to the Workmen's CompensationAct, 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.
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 .
Substitution of referencesto certain expressions by certain other expressions .
6. In section 2 of the principal Act, in sub - section ( 1 ) ,-
Amendment of section 2 .
(i) after clause (d) , the following clause shall be inserted, namely:--
'(dd) " employee" means a person , who is
24 of 1989 .
(i) a railway servant as defined in clause ( 34) of section 2 of the Railways Act, 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 member 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 anyother capacity in connection with a motor vehicle ,
(d) a person recruited for work abroad by a company,
andwho is employed outside India in any such capacity as is specified inSchedule Il 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 ofthis Act and whether such contract is expressed or implied, oral or in writing ; but does not include any person working in 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 .
7.Insection4 of the principal Act,
Amendment of section 4.
(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). " ;
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THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 1 ]
(iv) after clause ( b ) , Explanation II shall be omitted;
(b) after sub - section ( IA ) , the following sub- section shall be inserted , namely:--
" ( 1B) The Central Governmerit 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:-
"( 24) The employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment." ;
(a) insub -section ( 4), ~~-
(A) for the words " two thousand and five hundred rupees " , the words "not less than five thousand rupees " shall be substituted;
(B) the following proviso shall be inserted , namely:-
"Provided that the Central Government may, by notification in theOfficial Gazette , from time to time , enhance the amount specified in this sub - section . " .
Amendment of seclion 20.
8. In section 20 of the principal Act, in sub - section ( 1 ) , after the words "appoint any person " , the words " who is or has been a member of a State Judicial Service for a period ofnot 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:-
"25 A. The Commissioner shall dispose ofthe 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 ." .
Time limit for disposal of cases relating to compensa- tion.
Amendment of Schedule 10. In Schedule II to the principal Act ,-
(i) for the word, figures , brackets and letter " section 2( 1 ) ( n) " , wherever they II . 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 in railways " shall be substituted ;
(iii) 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 , 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;
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THE GAZETTE OF INDIA EXTRAORDINARY [PART II- SEC . 1 ]
(viii) in item (xiv ), the words " otherwise than in a clerical capacity " shall be omitted;
(ix) in item ( xvi) , the words " in which on any one day of the preceding twelve months more than twenty- five persons have been employed " shall be omitted ;
(x) for item (xviii ), the following item shall be substituted , namely: ---
"( xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona , coffee , rubber or tea ; or" ;
(xi) in item (xix) , the words " otherwise than in a clerical capacity " shall be omitted;
(xii) in itenı ( xxvi ) ,-
(a) in clause(a) , the words " and in which on any one day ofthe preceding twelve months ten or more persons have been so employed" shall be omitted;
(b) in clause ( b ) , the words " in which on any one day of the preceding twelve months fifty or more persons have been so employed" shall be omitted;
(xiii) in item (xxx) , the words " otherwise than in a clerical capacity " shall be omitted;
(xiv) in items (x/) and (xli) , the words " in which on any one day of the preceding twelve months more than twenty- five persons have been employed " shall be omitted;
(xv) the Explanation occurring after item (xlix ) at the end shall be omitted .
V. K. BHASIN,
Secry.to theGovt. of India.
PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 2009 .
GMGIPMRND-5694GI ( S5)-26.12.2009 .