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Report No. 62

3A.13. Recommendation.-

In the light of the above discussion we recommend the following re-draft1 of section 6(1):

"6(1) Any half-monthly payment payable under this Act, either under an agreement between the parties or under the order of a Commissioner, may be reviewed by the Commissioner-

(a) 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

(b) subject to rules made under this Act, on application made without such certificate

(i) by the employer on the ground that since the right to compensation was determined, the workman's wages have increased2;

(ii) by the workman, on the ground that since the right to compensation was determined, his wages have diminished;

(iii) by the workman, on the ground that the employer3, having commenced to pay compensation, has ceased to pay the same notwithstanding the fact that there has been no change in the workman's condition such as to warrant such cessation;

(iv) such other ground as may be prescribed."

1. This is intended to provide an additional sanction for delay in payment.

2. The grounds of review are taken from some of the grounds mentioned in the rules.

3. See section 4(1)(d), proviso (b).

Workmens Compensation Act, 1923 Back

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