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Report No. 62

1.11. Effect of Employees' State Insurance Act.-

After the passing of the Employees' State Insurance Act1, the area of application of the Workmen's Compensation Act has diminished, to a certain extent. But the Employees' State Insurance Act applies only to (i) factories, and (ii) notified establishments, and in the rest of the cases the Workmen's Compensation Act still holds the field.

1. Employees' State Insurance Act, 1948.

1.12. We would at this stage also like to quote what was stated in a recent study1 dealing with personal injuries:-

"The rate at which social institutions and ideas are being turned upside down is not merely dramatic-it is accelerating every year in a fashion which demands a great deal of mental energy to keep pace. It cannot be good enough, therefore, to adjust merely to the contemporary needs. Some deliberate attention should be given to the foreseeable demands of the years immediately ahead. And if there may seem to be a weight of tradition against change, at least it is worth remembering that the apparent heresies of one generation become the orthodoxies of the next. The ultimate validity of any social measure will depend not upon its antecedents, but upon its current and future utility."

1. Woodhouse Commissioner-Report on compensation for personal injury (New Zealand, 1969), para. 33, cited in note on compensation for personal injury (1969) 20 I.C.L.Q. 191, 196.

Workmens Compensation Act, 1923 Back

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