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Report No. 62

2.25. Section 2(1)(fff) (New)-Definition of "monthly wages."-

For the sake of convenience of reference, it is desirable to insert in section 2, a definition of "monthly wages"-an expression defined in section 5. The following new clause should, therefore, be inserted in section 2(1) after the definition of "minor":-

"(fff) 'monthly wages' has the meaning assigned to it by section 5".

2.25. Section 2(1)(g)-partial disablement.-

In the definition of the expression 'partial disablement', which is to be found in section 2(1)(g), there is scope for improvement in one respect. The definition does not separately define the expressions 'permanent partial disablement' and 'temporary partial disablement'. The expression 'permanent partial disablement' is used in the proviso to the definition, which, however, does not bring out the idea that it is defining 'permanent partial disablement' as a species by itself. It may be noted that the expression 'permanent partial disablement' occurs elsewhere in the Act.1 It would, therefore, be desirable to recast the latter part of the definition so as to bring out this idea. This could be done by converting the proviso to section 2(1)(g) into an Explanation, as follows:

"Explanation.-Every injury specified in Part II of Schedule I, shall be deemed to result in permanent partial disablement"

At the same time, the expression 'permanent partial disablement' may be defined by adding a new definition-clause (gg)-as follows:-

"(gg) 'permanent partial disablement' means partial disablement of a permanent nature and includes such injury as is referred to in the Explanation to clause (g)."

1. See for example, section 4(1)(c).

Workmens Compensation Act, 1923 Back

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