The Workmen's Compensation Act, 1923, has been amended by Act 45 of 2009, whereby the name has been changed from Workmen's Compensation Act, 1923 to Employee's Compensation Act, 1923.
The salient feature of the amendment is the Omission of Schedule II of the Act, where the class of workman covered is omitted, and hence the Act becomes applicable for all employees irrespective of the nature of work done and the no. of employees engaged by an Industry / establishment.
The Major Changes are as under:
S No
Provision prior to amendment
Provision after amendment
1
Name of the Act – Workmen’s Compensation Act, 1923
Name of the Act – Employee’s Compensation Act, 1923
2
Definition – ‘Workman’ omitted
Definition – ‘Employee’ inserted. But no change in the content of definition
3
Death compensation – Maximum Rs.80,000/-
Death compensation – Maximum Rs.1,20,000/-
4
Permanent total disablement compensation – Maximum Rs.90,000/-
Permanent total disablement compensation – Maximum Rs.1,40,000/-
5
Funeral payment – Rs.2500/-
Funeral payment – Not less than Rs.5000/-
6
Schedule II – employed, otherwise than in a clerical capacity [wherever mentioned in the scheduled employments]
Omitted
(which means, all the employees are covered under this Act)
7
Schedule II – employed……premises wherein or within the precincts where of 20 or more persons are so employed [wherever mentioned in the scheduled employments]
Omitted
(which means, no ceiling based on the strength of the employees)
8
The employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment
The salient feature of the amendment is the Omission of Schedule II of the Act, where the class of workman covered is omitted, and hence the Act becomes applicable for all employees irrespective of the nature of work done and the no. of employees engaged by an Industry / establishment.
The Major Changes are as under:
S No
Provision prior to amendment
Provision after amendment
1
Name of the Act – Workmen’s Compensation Act, 1923
Name of the Act – Employee’s Compensation Act, 1923
2
Definition – ‘Workman’ omitted
Definition – ‘Employee’ inserted. But no change in the content of definition
3
Death compensation – Maximum Rs.80,000/-
Death compensation – Maximum Rs.1,20,000/-
4
Permanent total disablement compensation – Maximum Rs.90,000/-
Permanent total disablement compensation – Maximum Rs.1,40,000/-
5
Funeral payment – Rs.2500/-
Funeral payment – Not less than Rs.5000/-
6
Schedule II – employed, otherwise than in a clerical capacity [wherever mentioned in the scheduled employments]
Omitted
(which means, all the employees are covered under this Act)
7
Schedule II – employed……premises wherein or within the precincts where of 20 or more persons are so employed [wherever mentioned in the scheduled employments]
Omitted
(which means, no ceiling based on the strength of the employees)
8
The employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment
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