EMPLOYEES COMPENSATION (UTTAR PRADESH AMENDMENT) ACT, 2017
(U.P. Act No. 27 of 2018)
An Act further to amend the Employees Compensation Act, 1923 in its application to Uttar Pradesh.
It is hereby enacted in the Sixty-eighth Year of the Republic of India as follows:
1. Short title and extent. - This Act may be called The Employees Compensation (Uttar Pradesh Amendment) Act, 2017.
(2) It extends to the whole of Uttar Pradesh.
Object & Reasons
Statement of Objects and Reasons. - Employees Compensation Act, 1923 has been enacted to compensate the employees for injury or accident caused while on duty and during the course of his employment with his employer.
Claims for compensation under the said Act are filed by any employee or his dependants and the claims are heard by all the District Magistrates as well as by the Additional/Deputy/Assistant Labour Commissioner of the Labour Department. Due to the illiteracy and ignorance of the dependants, they often suffer difficulty in submitting the claim of compensation in the event of death and disability caused by such accident and is often delayed.
In order to help such employees or dependant or dependants thereof as are not able to make a claim within the stipulated period from the date of the accident it has been decided to amened the said Act in its application to Uttar Pradesh to provide that the said, employees or dependant or dependants thereof may file their claim through an officer authorized by the State Government for the purpose of compensation to be paid to such employee or dependant or dependants thereof.
The Employees Compensation (Uttar Pradesh Amendment) Bill, 2017 is introduced accordingly.
2. Amendment of Section 22 of Act No. 9 of 1923. - In Section 22 of the Employees Compensation Act, 1923, in sub-section (1-A) the following provisos shall be inserted at the end, namely-
"Provided that if an application is not made before the Commissioner by an employee or by dependant or dependants thereof within a period of ninety days from the date of the occurrence of the accident then without prejudice to the right conferred to an employee or dependant or dependants thereof under this Act or the rules made thereunder, such application may be filed by an officer authorized by the State Government in this behalf for the purpose of compensation to be paid to such employee or dependant or dependants thereof:
Provided further that where it comes to the notice of the Commissioner that application for compensation arising out of same accident has been filed by both the employee or dependant or dependants thereof and by the officer referred to in the first proviso, the Commissioner shall club both the applications and decide the same by single order without prejudice to the right of such employee or dependant or dependants thereof".
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