Report No. 62

4.15. Section 8(7)-Recommendation.- Section 8(7) reads as follows:-

"(7) Where any lump sum deposited with the Commissioner is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman or of such person during his disability, in such manner as the Commissioner may direct; and where a half-monthly payment is payable to any person under a legal disability the Commissioner may, of his own motion or an application made to him in this behalf, order that the payment be made during the disability to any dependant of the workman or to any other person whom the Commissioner thinks best fitted to provide for the welfare of the workman."

In the latter half of the sub-section1, the word "dependant" would create an impression that the sub-section is applicable to cases of death2 but that is not the true poSition. Half-monthly payments are, under section 4(1)(d), payable on the disablement of a workman and it would appear that the expression "dependant" in the latter half sub-section (2) really means a person who would be a dependant if the workman died. Incidentally section 8(7) is applicable only where payment has not been made under section 8(6). That should be made clear. The sub-section should therefore be revised as follows: "(7) Where-

(a) any lump sum deposited with the Commissioner is payable to a woman or a person under a legal disability, such sum may, if the Commissioner has not ordered payment under clause (b) of sub-section 6, be invested, applied or otherwise dealt with for the benefit of the woman or such person during his disability in such manner as the Commissioner may direct;

(b) a half-monthly payment is payable to any person under a legal disability, the Commissioner, if he has not ordered payment under Clause (b) of sub-section (6), may of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any person who would be a dependant if the workman died, or to any other person whom the Commissioner thinks best fitted to provide for the welfare of the workman."

1. Half-monthly payments.

2. See definition of "dependant" in section 2(d) which speaks of relatives of a deceased workman.