Type:Trigger
Frequency: Quarterly
Action to be taken:
If an agreement regarding settling of dues under the Workmen's Compensation Act is reached with a woman or a person under legal disability, send a copy of the Agreement to the Commissioner for Registration. If the agreement is rejected by the commissioner after being given an opportunity to show cause, deposit the amount of compensation ordered by the commissioner
Audit Requirement:Have all agreements with a woman or a person under legal disability for payment under the Workmen's Compensation Act been registered with the Commissioner ?
Supporting Documents:Proof of registration of Agreement
Related Triggers:
Contract With A Workman
Payment Of Workmans Compensation
Workmans Compensation Claim
Related Keywords:
Settlement/Agreement With Workers
Workmens Compensation
Related Sections:
Employees Compensation Act, 1923
Chapter:Commissioners|
28:Registration of agreements:
(1) Where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman or a person under a legal disability a memorandum thereof shall be sent by the employer to the Commissioner, who shall, on being satisfied as to its genuineness, record the memorandum in a register in the prescribed manner :
Provided that-
(a) no such memorandum shall be recorded before seven days after communication by the Commissioner of notice to the parties concerned ;
(b)
(c) the Commissioner may at any time rectify the register ;
(d) where it appears to the Commissioner that an agreement as to the payment of a lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation payable to a woman or a person under a legal disability ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, he may refuse to record the memorandum of the agreement and may make such order including an order as to any sum already paid under the agreement, as he thinks just in the circumstances.
(2) An agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this Act notwithstanding anything contained in the Indian Contract Act, 1872 (9 of 1872), or in any other law for the time being in force.
