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Report No. 62

2.28. Section 2(1)(n)-Definition of workman.-

The definition of "workman"1 is obviously a very involved one. This complexity is due to the fact that too many ideas-positive and negative-are packed into one sentence regardless of the convenience of those who have to read the Act. In the first place, strain is caused by the excluding words "other than a person" etc., which interrupt the mind of the reader who wishes to proceed with the positive part of the definition. Secondly, repeated recurrence of negative ideas in that part of the definition which pertains to railway servants, creates confusion.

Thirdly, the clarificatory portion represented by the words "whether the contract of employment" etc. tends to increase the prolixity of the definition; and, finally the non-inclusive portion (relating to Armed Forces) gives the impression that the definition is about to end, but immediately there is a provision for the construction of reference to a workman who is dead-a provision which is confined to very particularised situations.

1. Para 2.27, supra.

2.29. Some complexity may be unavoidable in a legal document but still there is scope for improvement. An attempt to disentangle the various elements which cluster together in the present clause, is worthwhile.



Workmens Compensation Act, 1923 Back




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