Workmen’s Compensation (Amendment) Bill

This Act may be cited as the Workmen’s Compensation (Amendment) Act, 1980, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Section 2 of the Workmen’s Compensation Act, 1975 (hereinafter in this Act referred to as the principal Act) is amended by deleting paragraph (a) of the definition of “workman” in subsection (1) and substituting the following: —“(a)a person employed otherwise than by way of manual labour whose earnings, calculated in accordance with section 8, exceed —

Section 11 of the principal Act is amended by deleting subsection (1) and substituting the following: —“(1) Except as provided in this section proceedings for the recovery of compensation for an injury under this Act shall not be maintainable unless notice of the accident has been given to the employer by or on behalf of the workman as soon as practicable after the happening thereof and unless a claim for compensation with respect to such accident has been made within one year from the happening of the accident causing the injury, or, in the case of death, within one year from the date of the death.”.

Section 13 of the principal Act is amended by deleting subsection (3) and substituting the following: —“(3) If a workman, on being required to do so by the employer under subsection (1) or by the Commissioner, at any time fails to submit himself for examination by a medical practitioner, his right to compensation shall be suspended until the examination has taken place; and if the failure extends over a period of six months from the date when the workman was required to submit himself for examination by the Commissioner, no compensation shall be payable in respect of any injury to the workman resulting from the accident unless the injury results in the death of the workman or unless the Commissioner is satisfied that there was reasonable cause for the failure.”.

Section 17 of the principal Act is amended by inserting, immediately after the word “work” in the fifth line of subsection (1), the words “, or for the supply of labour to carry out any work,”.

Section 24 of the principal Act is amended by deleting subsection (5) and substituting the following: —“(5) Where payment is not made in accordance with subsection (4), the employer shall be liable to pay to the Commissioner interest at the rate of one and one-half per centum for each month or part thereof of the assessed amount from the date of the service of the notice under subsection (2) until the expiry of six months from that date and thereafter at the rate of three per centum for each month or part thereof:Provided that —

Section 29 of the principal Act is amended by deleting subsection (4) and substituting the following: —“(4) Where an employer fails to make a deposit with the Commissioner under subsection (3), he shall be liable to pay to the Commissioner interest at the rate of one and one-half per centum for each month or part thereof of the assessed amount from the date of the Commissioner’s decision until the expiry of six months from that date and thereafter at the rate of three per centum for each month or part thereof:Provided that —

The Third Schedule to the principal Act is amended —

Section 8 shall not apply with respect to claims for compensation in respect of accidents happening before the date of commencement of this Act and all such claims shall be determined in accordance with the provisions of the Third Schedule in force immediately before that date.