Section 28
Recording of agreements
of Workmen'S Compensation Act 1952
Where the amount of the compensation by way of a lump sum has been ascertained by agreement between the workman and his employer a memorandum shall, within fourteen days, be sent by the employer (and may be sent by the workman or any dependant)
to the Commissioner, who, on being satisfied as to its genuineness and that the amount of compensation agreed upon is adequate shall, except as hereinafter provided in this section, record the memorandum in a register in the prescribed manner.
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Workmen’s Compensation
(2)
No such memorandum shall be recorded until seven days have expired after communication by the Commissioner of notice to the parties concerned.
(3)
Where it appears to the Commissioner that an agreement for the payment of a sum, whether by way of commutation of a half-monthly payment or otherwise, or an agreement for the amount of compensation ought not to be recorded 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 if he and the employer and the workman are unable to settle the question by agreement, the Commissioner shall refer the matter to an Arbitrator.
(4)
An agreement for the payment of compensation which has been recorded under this section shall be enforceable under this
Act notwithstanding anything contained in the Contracts Act 1950
[Act 136] or in any other law for the time being in force.