Workmen’S Compensation Act · 1984 Revised Edition · Part III
Section 30
Official textFrom Attorney General's Chambers, unchanged
Where the amount of the compensation whether by way of lump sum compensation or by way of periodical payments has been ascertained by agreement between the workman and his employer a memorandum shall within 14
days be sent by the employer (and may be sent by the work-man or any dependant) to the Commissioner, who, on being satisfied as to its genuineness and that the amount of com-pensation agreed upon is adequate shall, except as hereinaf-ter provided in this section, record the memorandum in a register in the prescribed manner.
employer
"employer" includes - (a) the Government; (b) any statutory body or authority; (c) any person or body of person whether in-corporate or not; (d) the legal personal representative of a de-ceased employer; and (e) in relation to a person employed for the pur-pose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club; and where the services of a workman are tempor-arily lent or let on hire to another person by the person with whom the workman has entered into a contract of employment, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;
No such memorandum shall be recorded until 7
days have expired after communication by the Commission-er of notice to the parties concerned that he intends to record the same.
Where it appears to the Commissioner that an agreement for the payment of a sum, whether by way of commutation of a periodical payment or otherwise, or an
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Workmen's Compensation agreement for the amount of compensation ought not to be recorded 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 if he and the employer and the workman are unable to settle the question by agreement, the Commissioner shall refer the matter to an arbitrator.
arbitrator
"arbitrator" means a person appointed by His Majesty by notification in the Gazette to be an arbitrator for workmen's compensation; the "Commissioner'' means the Commissioner of Labour appointed under section 3 of the Labour Act…
An agreement for the payment of compensation which has been recorded under this section shall be enforce-able under this Act notwithstanding anything contained in any other written law for the time being in force.
Terms defined in s 3
arbitrator
Defined · s 3"arbitrator" means a person appointed by His Majesty by notification in the Gazette to be an arbitrator for workmen's compensation; the "Commissioner'' means the Commissioner of Labour appointed under section 3 of the Labour Act…
dependant
Defined · s 3"dependant" means any member of the family of a workman who was wholly or in part dependent upon his earnings at the time of his death, or would but for the incapacity due to the accident have been so dependent, and where the workman-Interpreta- tion 7 Workmen's Compensation (a) being the parent or grandparent of a child born out of wedlock, leaves such child so depen-dent upon his earnings, or (b) being a child born out of wedlock leaves a parent or grandparent so dependent upon his earnmgs, or (c) being divorced leaves a divorced wife so de-pendent upon his earnings shall include such child, parent, grandparent or divorced wife respectively: Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessities of life suitable for persons in his class and position: And provided further that where on application being made by a woman the Commissioner is sa-tisfied after due enquiry under section 10 (5) of this Act that - (a) such woman and the deceased were living together as man and wife at the time of the acci-dent; and (b) such woman was wholly or in part depen-dent on the earnings of the deceased at the time of his death or would but for the incapacity due to the accident have been so dependent, the Commissioner may deem such woman to be a dependant for the purposes of this Act. - - - ·- Workmen's Compensatio'!
employer
Defined · s 3"employer" includes - (a) the Government; (b) any statutory body or authority; (c) any person or body of person whether in-corporate or not; (d) the legal personal representative of a de-ceased employer; and (e) in relation to a person employed for the pur-pose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club; and where the services of a workman are tempor-arily lent or let on hire to another person by the person with whom the workman has entered into a contract of employment, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;