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Report No. 62

10.7. Possible tests.-

We have no specific material before us in this connection. But tentatively, as a common sense test, we are mentioning certain possible criteria. Government may adopt one of them, or devise any other test for ensuring that only persons having the capacity to pay will be covered. The criterion in this regard should be objective, not involving determination of nice questions of fact or law.

The possible tests are:

(a) Minimum man days, i.e the number of labourers multiplied by the number of days for which they were employed during a specified period should satisfy a certain minimum; or

(b) Minimum number of labourers should have been employed for a minimum number, of days during a specified period; or

(c) Agricultural income should satisfy a specified minimum; or

(d) Acreage under cultivation and quality of and should be of a specified minimum grade;

(e) Any other test which may be considered appropriate by Parliament.

We make no positive recommendation as to the test to be adopted, but, as already stated, we leave it to Parliament to adopt any of the test suggested above by us, or to adopt any other test which is just and fair, at the same time avoiding complicated questions. We did not hold an inquiry on this point, because an inquiry by us would have involved considerable expense which we wished to avoid at the present time. Since conditions vary from State to State, the inquiry would also be complicated and time-consuming. Government, with its resources, can deal with details in lesser time, and with lesser expense. With these preliminary observations, we proceed to state the present position regarding employment in agriculture, and to consider the changes needed.

Workmens Compensation Act, 1923 Back

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