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Report No. 62

3A.11. Section 6(1).-

Section 6(1) provides for the review of half monthly payments payable under the Act. The review is by the Commissioner on the application either of the employer or of the workman accompanied by the certificate of a qualified medical practitioner that there has been a change in the condition of the workman or subject to rules made under this Act on application made without such certificate. Review is thus permissible under two situations; first, where qualified medical practitioner certifies as to a change in the condition of the workman and secondly, subject to rules under Act without such certificate of course on an application.

3A.12. The Act is silent as to the exact circumstances to which the second situation is applicable-except that rules1 will provide for it. It is desirable that the Act should give some guidance as to the cases for which the second situation is meant; the situation intended should be broadly indicated in order to make the sub-section more intelligible and self-contained. From the rules it appears that the circumstances provided for (in the rules) relate to increase or decrease in wages and the like. Some of the important grounds mentioned in the rules could be mentioned in section 6 of the Act with a residuary power to add other circumstances by rules.

1. Section 32(2)(a).

Workmens Compensation Act, 1923 Back

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