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        <title>Report of the Royal Commission on Labour in India</title>
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      <div>WORKMEN'S COMPENSATION. 315 
clauses in question, apparently because they were not satisfied that 
the doctrines to which we have referred, which were derived from the 
British common law, would be accepted by Indian courts. They ob- 
served at the same time that, if the doctrines in question were so accepted 
and were regarded as inequitable, they should be removed for all workmen 
and not for the limited classes to which the Workmen’s Compensation 
Bill was to apply. Those who now advocate legislation have produced 
little evidence to show that the existing position gives rise to hardship ; 
but it is possible that suits are not pursued because of the admitted 
ambiguity of the law and, as the defences in question are in our view 
inequitable, there is need for ensuring that they cannot be invoked. 
It should be remembered that ordinarily the workman receiving more than 
Rs. 300 does not come under the Workmen’s Compensation Act, and 
his only remedy is in the civil court; if our recommendations are 
adopted, the monetary limit will be applicableto all workmen. The 
majority of us consider, therefore, that a measure for this purpose should 
now be enacted, and that it might follow the lines of the clauses deleted in 
1923, but should, of course, be applicable to all workmen. Sir Victor 
Bassoon and Sir Alexander Murray point out that the Joint Select 
Committee likewise expressed the opinion that it was on the whole 
wiser to restrict the scope of the Bill to workmen’s compensation and to 
avoid anticipating a difficulty which might not arise. They adhere to 
this view and are not aware that there has been any change since 1923 to 
justify legislation of the type suggested. They consider that the sub- 
stantial increases in the scales of compensation and the wide extension 
of the scope of the Workmen’s Compensation Act, now recommended, 
not only reduce any need there may be for such legislation but also form 
the correct line of advance in social legislation of this kind.</div>
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