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[Cites 0, Cited by 34] [Section 4] [Entire Act]

Union of India - Subsection

Section 4(2) in The Employee's Compensation Act, 1923

(2)The half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the sixteenth day —
(i)from the date of disablement where such disablement lasts for a period of twenty-eight days or more, or
(ii)after the expiry of a waiting period of three days from the date of disablement where such disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the disablement or during a period of five years, whichever period is shorter:
Provided that —
(a)there shall be deducted from any lump sum or half-monthly payments to which the employee is entitled the amount of any payment or allowance which the employee has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half-monthly payment, as the case may be; and
(b)no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the employee before the accident exceeds half the amount of such wages which he is earning after the accident.
Explanation.— Any payment or allowance which the employee has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation within the meaning of clause (a) of the proviso.