Amendment status not verified — confirm the current text below against the official source.
Ins. by Act 45 of 2009, s. 7 (w.e.f. 18-1-2010). 10 (3) On the ceasing of the disablement before the date on which any half-monthly payment falls due there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement in that half-month.] 1[(4) If the injury of the 2[employee] results his death, the employer shall, in addition to the compensation under sub-section (1), deposit with the Commissioner a sum of 3[two thousand and five hundred rupees] for payment of the same to the eldest surviving dependant of the 2[employee] towards the expenditure of the funeral of such 2[employee] or where the2[employee] did not have a dependant or was not living with his dependant at the time of his death to the person who actually incurred such expenditure.] 4[Provided that the Central Government may, by notification in the Official Gazette, from time to time, enhance the amount specified in this sub-section.] 5[4A. Compensation to be paid when due and penalty for default.—(1) Compensation under section 4 shall be paid as soon as it falls due. (2) In cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and, such payment shall be deposited with the Commissioner or made to the 2[employee], as the case may be, without prejudice to the right of the 2[employee] to make any further claim. 6[(3) Where any employer is in default in paying the compensation due under this Act within one month from the date it fell due, the Commissioner shall— (a) direct that the employer shall, in addition to the amount of the arrears, pay simple interest thereon at the rate of twelve per cent. per annum or at such higher, rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the Central Government by notification in the Official Gazette, on the amount due; and (b) if, in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent. of such amount by way of penalty: Provided that an order for the payment of penalty shall not be passed under clause (b) without giving a reasonable opportunity to the employer to show cause why it should not be passed. Explanation.—For the purposes of this sub-section, “scheduled bank” means a bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934. 7[(3A) The interest and the penalty payable under sub-section (3) shall be paid to the 2[employee] or his dependant, as the case may be.] 5.8[Method of calculating wages.—8***9[In this Act and for the purposes thereof the expression “monthly wages” means me amount of wages deemed to be payable for a month’s service (whether the