Report No. 134
3.12. Need for consequential amendments in statutes where a reference has been made to the relevant provisions of Workmen's Compensation Act, as they exist.-
In Dangerous Machines (Regulation) Act of 1983 and in the Scheme framed under the Personal Injuries (Compensation insurance) Act of 1963, the provisions of the Workmen's Compensation Act, 1923, have been incorporated by reference in regard to determination and payment of compensation. If the recommendations being made under the present report are accepted and appropriate amendments are incorporated in the Workmen's Compensation Act as it exists today, there is a likelihood of a serious complication arising in the administration of the aforesaid two Acts.
For, it would not be clear whether the reference to the Workmen's Compensation Act should be treated as the reference to the Act as it then stood or to the Act as it is amended from time to time. The legal position in this respect is extremely uncertain. Under the circumstances, it would be appropriate to make consequential amendments in the concerned provisions of the aforesaid two Acts so as to avoid any confusion in the administration of these statutes.
It will be necessary to amend sub-section (2) of section 22 of the Dangerous Machines (Regulation) Act of 1983 as also paragraphs 2(h) and 17 of the Scheme framed under the Personal Injuries (Compensation Insurance) Act, 1963 by substituting the words "Workmen's Compensation Act, 1923, as amended from time to time" in place of the words "Workmen's Compensation Act, 1923".
3.13. We are wholly convinced and fully satisfied that amendments to the relevant provisions of the Workmen's Compensation Act, 1923, in the manner indicated hereinabove will result in ameliorating the distress of the workmen who sustain injuries and of the dependants of the workmen who lose their lives whilst serving their masters, to a considerable extent. We, therefore, recommend accordingly with the hope that the meritorious cause of the workers will receive earliest attention.
Dated: 28th September, 1989.