Workmen's Compensation Act, 1923
28. Registration of agreements
(1) Where the amount of any lump sum payable as compensation has
been settled by agreement whether by way of 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 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 -
(a) no such memorandum shall be recorded before seven days after
communication by the Commissioner of notice to the parties concerned;
[Clause (b) omitted by Act 5 of 1929.]
(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
to a woman or a person under a legal disability 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.