Report No. 62

4.5. Section 8(1)-Recommendation to amend.-

We are of the view that this scheme (which appears to have been introduced by an amendment of 1929) requires modification having regard to progress achieved by women. The English Act1 was in this respect confined to persons under legal disability. No doubt in 1929 when the scheme was introduced, conditions in India were different from those in England and the provisions were perhaps needed for the protection of women. But at the present day, some modifications in this scheme may be necessary because some women may resent even the protection thrown around them. It would therefore be proper if, having regard to the advancement in the socioeconomic condition of women, the application of the above provision in section 8(1) is modified by giving a discretion to the Commissioner to permit direct payment to the woman by the employer without deposit under sub-section (1). This will require an amendment of sub-section (1) of section 8.

1. Section 26, Workmen's Compensation Act, 1925 (English).

4.5A. Recommendation regarding section 8(1).-

Accordingly we recommend that the following proviso should be inserted below section 8(1):-

"Provided further that in the case of a lump sum to be paid as compensation to a woman, an employer may, if the Commissioner is satisfied that it is a fit case for direct payment and so certifies, make a direct payment to her."

4.5B. This finishes that part of section 8 which deals with the deposit of compensation. We proceed to the second part1 of the section dealing with distribution of compensation.

1. Cf analysis in para. 4.2, supra.