Labour Minister Bandaru Dattatreya introduced the Employees' Compensation (Amendment) Bill 2016 in the lower house of Parliament.
Section 30 of the Employees' Compensation Act 1923 provides for appeal in high courts whenever the disputed amount (of compensation) is more than Rs 300. The bill seeks to raise this to Rs 10,000, which may be further increased through a notification later.
The one of the main objectives of the bill is to reduce litigation. The bill also provides for increase in penalty for contravention of the Act to Rs 50,000 from the current Rs 5,000, that may be later raised to Rs 1 lakh.
The Bill also proposes to impose penalty for failure to display provisions of the Act. It provides for making it obligatory on the employer to inform the employee of his rights to compensation under the Act, in writing as well as through electronic means.
The Act provides under section 30A that the Commissioner could exercise discretion to withhold payment of an employee whenever an appeal in a high court is filed.
The omission will provide relief to the employees as the amount can now be withheld only when there is a stay or order to that effect by the High Court in cases where the the appeal has been filed by the employer.
The Law Commission of India, in its reports in 1974 and 1989 related to the Workmen's Compensation Act, 1923, (now known as Employees' Compensation Act, 1923), recommended to review/amend/repeal various provisions of the Act.
The other objective of the Bill is to put in more deterrence for better compliance.
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