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Report No. 62

6.15. Sections 15(5) and 15(6).-

Sub-section (5) of section 15 bars the payment of compensation in respect of any injury for which provision made for payment of a gratuity, allowance or pension under certain war-pensions scheme made under a British statute1 or under a scheme made in 1942 by the Central Government, entitled "The War Pensions and Detention Allowances (Indian Seamen) Scheme, 1942". Sub-section (6) deals with cases where a person applies for compensation under one of the scheme referred to above and the application is rejected or payments made in pursuance of the application are discontinued on the ground that the injury is not one covered by the scheme. In such a case the limitation for giving notice of accident for making a claim is modified-we are not concerned with the details of the modification. It appears that the schemes referred to in sub-section (5) of section 15, are now obsolete2; and, if that is so, sub-section (5) and sub-section (6) should both be deleted.3

1. Pensions (Navy, Army, Air-force and Mercantile Marine) Act, 1939 (2 and 3 Geo. VI, Chapter 83).

2. This is subject to verification from the Ministry concerned.

3. In case, similar schemes are in operation in later statutes, they should be provided for by a fresh provision.

Workmens Compensation Act, 1923 Back

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