Report No. 62
9.3. Section 35(1) main paragraph-recommendation to amend.-
The next section requiring change is section 35(1). In section 35(1), main paragraph, the reference to any part of His Majesty's Dominions, (which occurs twice) should be omitted. The words "any other country" should suffice. Other consequential changes should be made.
9.4. Section 35(1), second proviso (New).-
While rules can be made under section 35(1) to give effect to arrangements for the transfer of money deposited with a Commissioner where the person entitled to the money resides in a foreign country, the proviso to the sub-section lays down that a sum deposited in respect of a fatal accident shall not be transferred without the consent of the employer concerned, until the Commissioner has passed orders determining its distribution under sections 8(4) and 8(5). During our discussions we considered the question whether there should also be a provision prohibiting such transfer, where the employee prefers an appeal. We think that this would be a reasonable provision, and accordingly recommend that the following further proviso should be inserted1 below the existing proviso to section 35(1):-
"Provided further that where the employer concerned prefers an appeal under clause (a) of sub-section (1) of section 30, the sum deposited under this Act in respect of any accident shall not be so transferred without the consent of the employer concerned until the appeal is disposed of"
1. Cf. section 30A.
9.5. Section 36.- Section 36 needs no change.
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