Question

define commissioner under workmen compensation act 1923

Answer 1

Answer:The growing complexity of industry in this country, with the increasing use

of machinery and consequent danger to workmen, along with the comparative

poverty of the workmen themselves, rendered it advisable that they should be

protected, as far as possible from hardship arising from accidents. After a detailed

examination of the question by the Government of India, Local Governments were

addressed in July 1921, and provisional views of the Government of India were

published for general information. The advisability of legislation had been accepted

by the great majority of Local Governments and of employers‘ and workers‘

associations and the Government of India believed that public opinion generally is in

favour of legislation. In June, 1922 a committee was convened to consider the

question. After considering the numerous replies and opinions received by the

Government of India, the committee was unanimously in favour of legislation, and

drew up detailed recommendations. On the recommendations of the committee the

Workmen‘s Compensation Bill was introduced in the Legislature. The Workmen‘s

Compensation Bill having been passed by the Legislature received its assent on the

5th March, 1923. It came into force on 1st day of July, 1924.

1

The Workmen‘s Compensation Act, 1923 is one of the earliest labour welfare

and social security legislation enacted in India. It recognizes the fact that if a

workman is a victim of accident or an occupational disease in course of his

employment, he needs to be compensated. The Act does not apply to those workers

who are insured under the Employees‘ State Insurance Act, 1948. Section 53 of the

Employees‘ State Insurance Act provides that an insured person or his dependents

shall not be entitled to receive or recover whether from the employer of the insured

person or from any other person any compensation or damages under the

Workmen‘s Compensation Act, 1923 or any other law for the time being in force or

otherwise in respect of an employment injury sustained by the insured person as an

employee under this Act

Explanation: