Registration of Agreements
Section 28 of the Employee’s Compensation Act, 1923 deals with registration of Agreements. Where the amount of any lump sum payable as compensation has been settled by agreement, whether by way or redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable [to a woman or a person under a legal disability] a memorandum thereof shall be
(1) Where the amount of any lump sum payable as compensation has been settled by agreement, whether by way or redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable 2[to a woman or a person under a legal disability] 3 *** a memorandum thereof shall be sent by the employer to the Commissioner, who shall, on being satisfied as to its genuineness, record the memorandum in a register in the prescribed manner:
Provided that- e (a) no such memorandum shall be recorded before seven days after communication by the Commissioner of notice to the parties concerned; 4 ***** Co (c) the Commissioner may at any time rectify the register;
(d) where it appears to the Commissioner that an agreement as to the payment of a lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation payable 5[to a woman or a person under a legal disability] 6 *** ought not to be registered 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 may make such order] including an order as to any sum already paid under the agreement, as he thinks just in the circumstances.
(2) An agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this Act notwithstanding anything contained in the Indian Contract Act, 1872 (9 of 1872), or in any other law for the time being in force.
Section 28, The Employee’s Compensation Act, 1923 (Act 8 of 1923).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Questions about Section 28
What does Section 28 of the Employee’s Compensation Act deal with?
Section 28 of the Employee’s Compensation Act is headed "Registration of Agreements". Where the amount of any lump sum payable as compensation has been settled by agreement, whether by way or redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable [to a woman or a person under a legal disability] a memorandum thereof shall be
How do I find court cases under Section 28 of the Employee’s Compensation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Employee’s Compensation Act 28, section 28 Employee’s Compensation Act, section 28 of the Employee’s Compensation Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 28 of the Employee’s Compensation Act, and has it changed?
1 other provision in this corpus refers back to it.
When was the Employee’s Compensation Act enacted?
Employee’s Compensation Act was enacted in 1923 as Act 8 of 1923. India Code records no commencement date for it. It is in force as at the date shown on this page.
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- 22. Form of application679 words
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