Report No. 62
4.14. Section 8(6)-Recommendation.- Section 8(6) reads as follows:
"8(6). Where any compensation deposited with the Commissioner is payable to any person, the Commissioner shall, if the person to whom the compensation is payable is not a woman or a person under a legal disability, and may, in other cases, pay the money to the person entitled thereto."
The word "compensation" in this sub-section is wide enough to cover half-monthly payments. We are of the view that in the case of half-monthly payments, payment to the adult female should be compulsory and should not depend on the discretion of the Commissioner. Apart from this point of substance, a verbal change is needed. The latter half of the sub-section, which deals with "other cases", is not very clear because in effect (through not in form), it contemplates two negatives. The first half provides for cases where the payee is not a woman or person under legal disability. The after half, when it speaks of "other cases," has therefore really in mind cases where the payee is a woman or person under legal, disability. There is scope for verbal improvement in this respect. We therefore recommend that the sub-section should be revised as follows:
"8(6). Where any compensation deposited with the Commissioner is payable to any person,-
(a) the Commissioner shall, if the person to whom the compensation is payable is not a woman or a person under a legal disability or if the compensation consists of a half-monthly payment payable to an adult woman not under legal disability, pay the money to the person, entitled thereto;
(b) the Commissioner may, if the person to whom it is payable is a woman or a person under legal disability, and the compensation does not consist of a half-monthly payment payable as aforesaid, pay the money to the person entitled thereto."
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