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Report No. 62

7.13. Express provision as to right to make an application desirable.-

An equally serious flaw in the present Act is, that the elementary proposition that a workman can make an application for compensation-which, of course, is1 implicit in the Act-does not find a place in the section. In view of the general understanding that the right to make an application under a special statute should be conferred in express words, it is desirable to have an express provision, particularly because the right to compensation under the Act is different from the common law right to damages. The prevalent view seems to be that a claim by the workman before the Commissioner does not fall within section 22, but within section 10. But every section 10 begins negatively, vide the words "no claim shall be entertained" in section 10. It bars a claim filed after the expiry of the period of limitation. We are of the view that a positive provision empowering the person concerned to make a claim is needed.

1. See also para. 7.1, supra.

Workmens Compensation Act, 1923 Back

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