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Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - United Republic of Tanzania (RATIFICATION: 1962)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on workers’ compensation, the Committee considers it appropriate to examine Conventions Nos 17 (industrial accidents) and 19 (equality of treatment) together.
I. Tanzania mainland
Article 7 of Convention No. 17. Additional compensation in case of incapacity requiring the constant help of another person. In its previous comments, the Committee requested the Government to include the legal rules concerning constant attendant care grants for temporary and permanent incapacity in the Guidelines for the implementation of the Workers’ Compensation Regulations, 2016, as foreseen by regulation 40(1) of the same text, with a view to give full application to Article 7 of the Convention. The Committee takes due note of the indication by the Government that according to Guideline 5.3 of the “Disablement, Constant Attendance Care Grants, Funeral Grants and Dependents’ Grants Guidelines, 2016”, a person who takes care of an injured worker who is unable to perform essential functions of his/her life without the constant care of another person due to injuries or disease arising out of and in the course of his/her employment is entitled to a payment corresponding to 40 per cent of the compensation payable to the injured worker. The Committee requests the Government to provide further information on the specific eligibility criteria for entitlement to the constant attendance care grant by the carer, as well as a copy of Guideline 5.3 “Disablement, Constant Attendance Care Grants, Funeral Grants and Dependents’ Grants Guidelines, 2016”.
Articles 9 and 10 of Convention No. 17. Medical aid free of charge. Artificial limbs and appliances. The Committee previously requested the Government to ensure that the forthcoming Guidelines for the implementation of the Workers’ Compensation Regulations, 2016, would include the definition of “reasonable medical costs” paid by the Workers Compensation Fund (WCF) in case of an employment injury, pursuant to Section 62 of the Workers Compensation Act (WCA), 2008, in a manner that gives effect to Article 9 of the Convention. The Committee further requested the Government to ensure that the Guidelines would include the renewal of artificial limbs and surgical appliances free of charge, as required by Article 10 of the Convention. The Committee notes the Government’s indication that the WCF will review the Medical Aid Guidelines by incorporating the definition of “reasonable medical costs” based on actuarial recommendations. The Government also indicates that the WCF will review the Medical Aid Guidelines to insert provisions guaranteeing the renewal of artificial limbs and surgical appliances in accordance with the Committee’s comments and the actuarial valuation of the WCF undertaken by the Actuarial Authority. The Committee requests the Government to ensure that the definition of the “reasonable medical costs” paid to injured workers by the WCF covers the costs of all the medical, surgical and pharmaceutical aid that is recognised to be necessary in consequence of work accidents, as required by Article 9 of the Convention, and to provide a copy of the relevant provisions once adopted.
Article 1(2) of Convention No. 19. Equality of treatment without condition of residence – payment of accident compensation abroad. In its previous comments, the Committee requested the Government to specify how the transfer abroad of cash benefits in case of industrial accidents was regulated as regards both nationals and foreigners and their dependants, to ensure that nationals of other member States that have ratified the Convention received the same treatment as nationals. The Committee observes that in accordance with Section 57(1) of the WCA, 2008, where an employee or his/her dependant entitled to a pension under the WCA, 2008 resides outside Tanzania or is absent from Tanzania for a period of more than six months, the Director General of the WCF may award a lump sum instead of a pension. The Committee also notes the indication by the Government of its intention to amend the national legislation, to enable its embassies to assist in ensuring that the dependants of victims of employment injury receive their compensation abroad. The Committee hopes that the Government will take the necessary measures to ensure that accident compensation to which injured workers or their dependents, as the case may be, are entitled is duly paid when they reside in Member States that have ratified the Convention. The Committee further requests the Government to indicate the amount of worker’s compensation paid (1) to Tanzanian nationals, in the case of residency outside of the United Republic of Tanzania, and (2) to foreign nationals from countries that have ratified the Convention, or to their dependants, who reside abroad.
Article 2 of Convention No. 19. Foreign workers temporarily or intermittently employed. The Committee observes that according to Section 25(1)(2) of the WCA, 2008, a foreign worker who is temporarily working in Tanzania for less than 12 months is not entitled to employment injury compensation unless his/her employer who carries business mainly outside Tanzania pays the necessary contributions in respect of such employee. The Committee further observes that only employers who carry business in Tanzania are obliged to register within the WCF and pay contributions, as set out by Sections 71 and 75 of the WCA, 2008. The Committee recalls that Article 2 of the Convention allows the exclusion of workers employed temporarily or intermittently in the territory of one Member on behalf of an undertaking located in the territory of another Member when a special agreement is in place between the two countries concerned that provides for the coverage of these workers under the laws and regulations of the Member where the employer is located. The Committee requests the Government provide detailed information on special agreements concluded with other member States party to the Convention, to ensure that persons who work temporarily in Tanzania for an employer located in their territory are protected in case of work-related injury under the relevant legislation of those countries, in the event their employer is not paying contributions to the WCF on their behalf.
II. Zanzibar
Article 1 of Conventions Nos 17 and 19. Applicable legislation. The Committee previously requested the Government to indicate whether it envisaged to amend the Workers Compensation Act No. 15 of 1986 of Zanzibar (WCA, 1986) which puts the liability for the payment of compensation directly on the employer, so as to harmonize it with the Workers Compensation Act No. 20 of 2008 applied in Tanzania Mainland, which establishes an employment injuries social insurance scheme. The Committee notes the Government’s indication that the WCA, 1986 of Zanzibar and the Workers Compensation (Amendment) Act No. 5 of 2005 (WCA, 2005) continue to regulate the provision of workers’ compensation for industrial accidents in Zanzibar.
Articles 2 and 3 of Convention No. 17. Coverage of workers in case industrial accidents. The Committee observes that Section 2(2) of the WCA, 1986, as amended by the WCA, 2005, excludes from its coverage employees of the Union Government. The Committee further observes that Section 2(3) of the WCA, 1986, as amended by the WCA, 2005, authorizes the Minister of Labour, in consultation with the Labour Advisory Board, to exempt any worker from the coverage of the WCA, 1986. The Committee recalls that, according to its Article 2, the Convention applies to all workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. The Committee further recalls that Article 3 of the Convention permits the exemption of classes of workers if they are covered by some special scheme, the terms of which are not less favourable than the Convention.  The Committee requests the Government to indicate whether employees of the Union Government are covered by another workers’ compensation scheme. The Committee further requests the Government to indicate whether any other categories of workers have been excluded from the application of the WCA, 1986, pursuant to its Section 2(3) and, where appropriate, the scheme or provisions through which their protection against employment injury is provided.
Article 5 of Convention No. 17. Lump sum payment in case of permanent incapacity for work or death. The Committee notes that Sections 10, 11 and 12 of the WCA, 1986, as amended by the WCA, 2005, provide for the payment of compensation in the form of a lump sum in case of permanent total and partial incapacity for work or death due to an industrial accident. The Committee recalls that Article 5 of the Convention only allows the compensation to be paid in a lump sum if the competent authority is satisfied that it will be properly utilized.  The Committee requests the Government to provide information on the means taken by the authorities to ensure the proper use of the lump sum paid as compensation by injured workers or their dependents, as the case may be.
Article 11 of Convention No. 17. Employers' liability insurance. The Committee observes that by virtue of Sections 8(1) and 48(c) of the WCA, 1986, as amended by the WCA, 2005, the Minister of Labour, in consultation with the Labour Advisory Board, may require any employer or class of employers to insure the liability which they may incur under the WCA, 1986, in respect of their workers.  The Committee welcomes this provision and requests the Government to provide information on the classes of employers upon whom such obligation has been imposed.
III. Tanzania mainland and Zanzibar
Application of Conventions Nos 17 and 19 in practice. The Committee requests the Government to supply statistical data, to enable it to assess the manner in which national laws and regulations respecting occupational injuries are applied in practice in the United Republic of Tanzania, including in particular:
  • - the total number of workers, employees and apprentices employed by all enterprises, undertakings and establishments, to whom the Convention is applicable;
  • - the total cost of benefits in cash and in kind and also the average cost of benefits in cash and in kind per person covered by the legislation;
  • - the number and nature of occupational accidents reported and compensated, involving Tanzanian nationals and non-nationals;
  • - the number of foreign workers in the United Republic of Tanzania, together with their nationality and occupational distribution.
The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
The Committee notes with interest that the Government indicates in its report that the Workers Compensation Fund (WCF) is now operational and that the Workers’ Compensation Regulations, 2016, have been adopted. In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on workmen’s compensation, the Committee considers it appropriate to examine Conventions Nos 17 (accidents) and 19 equality of treatment (accident compensation) in a single comment.
Workmen’s Compensation (Accidents) Convention, 1925 (No. 17)
Article 5 of the Convention. Lump-sum compensation in the event of permanent incapacity. The Committee noted in its previous comments that, according to section 49 of the Workers Compensation Act No. 20 of 2008, where a pension is less than the prescribed amount per month, the Director-General of the WCF may decide to pay a lump sum in lieu of the monthly pension for permanent disablement granted in accordance with section 48 of the Act. The Committee notes the Government’s indication that the Workers’ Compensation Regulations, 2016, have been adopted with a view to providing guidance for the implementation of the Act.
Article 6. Payment of compensation. In its previous comments, the Committee asked the Government to explain how and by whom the compensation is paid after the first month to injured workers. The Committee notes that the Government indicates that, under sections 46(3) and 46(4) of the Workers Compensation Act, employers are liable for providing to the injured employee the compensation for temporary incapacity for the first month, and that thereafter all payments will be provided by the Fund. Furthermore, the Committee notes that the Government states that, in any case, the Fund has put in place a mechanism to ensure that such payments can be provided directly by the Fund including for the first month.
Article 7. Additional compensation. The Committee noted in its previous comments that the right to additional compensation in cases in which the injured worker must have the constant help of another person should not depend upon an administrative decision of the WCF, as provided for by section 51 of the 2008 Act. The Committee notes the information provided by the Government, informing that the Regulations, 2016, provide that the Director-General of the WCF will determine constant care grants through Guidelines, as foreseen by regulation 40(1) of the Workers’ Compensation Regulations 2016. The Committee also notes that through the Public Service Social Security Fund Act, 2018, section 40(2) of the National Social Security Fund Act, 1997, which provided for an additional allowance of 25 per cent of the employment injury benefit to the helper in case the recipient of permanent disability benefit for employment injury needed the constant help of another person, has been repealed. The Committee asks the Government to take the necessary measures to include the legal rules concerning constant attendant care grants for temporary and permanent incapacity in the forthcoming Guidelines in order to give full effect to this provision of the Convention.
Articles 9 and 10. Medical aid free of charge. Artificial limbs and appliances. In its previous comments, the Committee noted that according to section 62 of the Workers Compensation Act, 2008, the Fund shall pay the reasonable costs of medical aid required by an occupational accident for a maximum period of two years. The Fund may also pay the additional costs for further medical aid when it may reduce the incapacity. The Committee notes that the Government indicates that, under section 4 of the Act, a definition of medical aid including medical, surgical, hospital treatment, skilled nursing services as well as the supply and repair of any prosthesis or any devices necessitated, and ambulance service, is provided. The Committee also notes that the Government states that the Fund will provide surgical appliances, artificial limbs and pharmaceutical aid as part of the medical rehabilitation of the injured employee. The Government adds that the Committee’s comments will be taken into account for the formulation of the Guidelines to be issued by the Director-General of the Fund, in accordance with the Workers’ Compensation Regulations, 2016. The Committee asks the Government to ensure that the Guidelines will include the definition of reasonable medical costs, as well as the renewal of artificial limbs and surgical appliances to be provided free of charge.
Article 11. Insolvency of the insurer. The Committee notes the information provided by the Government concerning the insolvency of the employer or insurer, which acknowledges that the Government is the guarantor in case of insolvency of the Fund, also by virtue of a constitutional obligation.
The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM TWG), the Governing Body has decided that member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102) (Part VI) (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM TWG and to consider ratifying Conventions Nos 121 and/or 102 (Part VI) as the most up-to-date instruments in this subject area.
Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)
Article 1(2) of the Convention. Payment of accident compensation abroad. The Committee asks the Government to specify how the transfer abroad of cash benefits in case of industrial accidents is regulated as regards both nationals and foreigners and their dependants so as to ensure that nationals of other member States who have ratified the Convention receive the same treatment as the Government grants to its own nationals.
With respect to the legislation applicable in Zanzibar, the Committee asks the Government whether it envisages to amend the Workmen’s Compensation Act No. 15 of 1986 of Zanzibar which puts the liability for the payment of compensation directly on the employer, so as to harmonize it with the Workers Compensation Act No. 20 of 2008, which provides a social insurance scheme in case of employment injuries and occupation diseases.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes with interest that the Government indicates in its report that the Workers Compensation Fund (WCF) is now operational and that the Workers’ Compensation Regulations, 2016, have been adopted. In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on workmen’s compensation, the Committee considers it appropriate to examine Conventions Nos 17 (accidents) and 19 equality of treatment (accident compensation) in a single comment.

Workmen’s Compensation (Accidents) Convention, 1925 (No. 17)

Article 5 of the Convention. Lump-sum compensation in the event of permanent incapacity. The Committee noted in its previous comments that, according to section 49 of the Workers Compensation Act No. 20 of 2008, where a pension is less than the prescribed amount per month, the Director-General of the WCF may decide to pay a lump sum in lieu of the monthly pension for permanent disablement granted in accordance with section 48 of the Act. The Committee notes the Government’s indication that the Workers’ Compensation Regulations, 2016, have been adopted with a view to providing guidance for the implementation of the Act.
Article 6. Payment of compensation. In its previous comments, the Committee asked the Government to explain how and by whom the compensation is paid after the first month to injured workers. The Committee notes that the Government indicates that, under sections 46(3) and 46(4) of the Workers Compensation Act, employers are liable for providing to the injured employee the compensation for temporary incapacity for the first month, and that thereafter all payments will be provided by the Fund. Furthermore, the Committee notes that the Government states that, in any case, the Fund has put in place a mechanism to ensure that such payments can be provided directly by the Fund including for the first month.
Article 7. Additional compensation. The Committee noted in its previous comments that the right to additional compensation in cases in which the injured worker must have the constant help of another person should not depend upon an administrative decision of the WCF, as provided for by section 51 of the 2008 Act. The Committee notes the information provided by the Government, informing that the Regulations, 2016, provide that the Director-General of the WCF will determine constant care grants through Guidelines, as foreseen by regulation 40(1) of the Workers’ Compensation Regulations 2016. The Committee also notes that through the Public Service Social Security Fund Act, 2018, section 40(2) of the National Social Security Fund Act, 1997, which provided for an additional allowance of 25 per cent of the employment injury benefit to the helper in case the recipient of permanent disability benefit for employment injury needed the constant help of another person, has been repealed. The Committee asks the Government to take the necessary measures to include the legal rules concerning constant attendant care grants for temporary and permanent incapacity in the forthcoming Guidelines in order to give full effect to this provision of the Convention.
Articles 9 and 10. Medical aid free of charge. Artificial limbs and appliances. In its previous comments, the Committee noted that according to section 62 of the Workers Compensation Act, 2008, the Fund shall pay the reasonable costs of medical aid required by an occupational accident for a maximum period of two years. The Fund may also pay the additional costs for further medical aid when it may reduce the incapacity. The Committee notes that the Government indicates that, under section 4 of the Act, a definition of medical aid including medical, surgical, hospital treatment, skilled nursing services as well as the supply and repair of any prosthesis or any devices necessitated, and ambulance service, is provided. The Committee also notes that the Government states that the Fund will provide surgical appliances, artificial limbs and pharmaceutical aid as part of the medical rehabilitation of the injured employee. The Government adds that the Committee’s comments will be taken into account for the formulation of the Guidelines to be issued by the Director-General of the Fund, in accordance with the Workers’ Compensation Regulations, 2016. The Committee asks the Government to ensure that the Guidelines will include the definition of reasonable medical costs, as well as the renewal of artificial limbs and surgical appliances to be provided free of charge.
Article 11. Insolvency of the insurer. The Committee notes the information provided by the Government concerning the insolvency of the employer or insurer, which acknowledges that the Government is the guarantor in case of insolvency of the Fund, also by virtue of a constitutional obligation.
The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM TWG), the Governing Body has decided that member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102) (Part VI) (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM TWG and to consider ratifying Conventions Nos 121 and/or 102 (Part VI) as the most up-to-date instruments in this subject area.

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)

Article 1(2) of the Convention. Payment of accident compensation abroad. The Committee asks the Government to specify how the transfer abroad of cash benefits in case of industrial accidents is regulated as regards both nationals and foreigners and their dependants so as to ensure that nationals of other member States who have ratified the Convention receive the same treatment as the Government grants to its own nationals.
With respect to the legislation applicable in Zanzibar, the Committee asks the Government whether it envisages to amend the Workmen’s Compensation Act No. 15 of 1986 of Zanzibar which puts the liability for the payment of compensation directly on the employer, so as to harmonize it with the Workers Compensation Act No. 20 of 2008, which provides a social insurance scheme in case of employment injuries and occupation diseases.

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The Committee understands that in the United Republic of Tanzania, workers’ compensation for industrial accidents is governed by the Workers Compensation Ordinance (Cap. 263) and other subsidiary legislation which was consolidated in the Workmen’s Compensation Act (No. 60 of 1966) for mainland Tanzania, and by the Workmen’s Compensation Act (No. 15 of 1986), amended by the Workers’ Compensation (amendment) Act (No. 5 of 2005), for Zanzibar. The Government reports that for mainland Tanzania, a Workers’ Compensation Act (No. 20 of 2008) has repealed the Workmen’s Compensation Ordinance (Cap. 263) and established an occupational accidents and diseases insurance scheme financed by contributions of all employers carrying out a business in the United Republic of Tanzania (section 71(1) of the Act). The Act however has not yet entered into force because measures are in the process of being taken to set up the Workers Compensation Fund (WCF) as the body responsible for administering the scheme. The WCF will inquire on industrial accidents and diseases; adjudicate and decide on issues related to claims, the amounts and the manner of payment of compensation; record statistics and information on the occurrence and causes of accidents and diseases and on the awards of benefits. The Committee notes the statement of the Government that it considers the recording of statistics important in order to effectively administer the scheme and would like to avail itself of the technical assistance of the Office in this matter. The Committee hopes that the Government will take concrete steps to address the request for technical assistance to the ILO, through the ILO Country Office for the United Republic of Tanzania, Kenya, Rwanda and Uganda.
Taking into account that in mainland Tanzania, the Workmen’s Compensation Act (No. 60 of 1966) is still in force, the Committee has deemed it necessary to examine the adopted Workers Compensation Act (No. 20 of 2008), attached to the report on Convention No. 12, in view of its forthcoming entry into force and in order to clarify a number of points with regard to its conformity with the provisions of Conventions Nos 12, 17 and 19.
Convention No. 12. Article 1. Agricultural workers. The Committee notes that the Workers’ Compensation Act (No. 20 of 2008) covers all employees including those in the public service of the Government in mainland Tanzania, and that an employee means any person, including an apprentice but excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive any remuneration (sections 2 and 4). The Committee requests the Government to confirm whether agricultural workers are covered by the 2008 Act.
Convention No. 17. Article 5. Lump sum compensation in the event of permanent incapacity. Section 48(4) of the 2008 Act provides that a person who is permanently disabled at a degree of 100 per cent shall receive a pension at a rate of 70 per cent of monthly earnings before the accident, and in the event of partial permanent disability of less than 100 per cent, the pension shall be proportionate to the degree of incapacity. The person may apply to the WCF and receive a lump sum instead of the pension or a portion of that pension (section 49(1)). Taking into account that Article 5 of the Convention authorizes the conversion of a pension into a lump sum only when the competent authority is satisfied that it will be properly utilized, the Committee requests the Government to evaluate whether the measures it is actually taking to set up the WCF provide for procedures which guarantee that the lump sum compensation shall be properly utilized.
Article 6. Payment of compensation. The Government states that once the WCF has been established and the regulations have been enacted, the question of the processing of payment of compensation shall be taken into consideration. The Committee notes that according to sections 46(3) and 46(4) of the 2008 Act, the employer is liable to pay compensation to victims of industrial accidents during the first month from the date of the accident, which is subsequently reimbursed to the employer by the WCF. The Committee would like the Government to explain how and by whom the compensation is paid after the first month.
Article 7. Additional compensation. The Committee notes that the 2008 Act does not provide for additional compensation in cases where the victim of an industrial accident must have the constant help of another person. In this connexion, the Committee notes the Governments’ statement that the WCF shall have the mandate to look into issues relating to the increase or reduction of compensation depending on the degree of disablement of any employee. The Committee would like to observe that the right to additional compensation guaranteed by Article 7 of the Convention should be expressly recognized by the 2008 Act and should not depend upon the administrative decisions of the WCF.
Article 9. Medical aid. Article 10. Artificial limbs and appliances. The Government reports that according to section 62 of Part VII – Medical Aid and Rehabilitation Benefits, of the 2008 Act, the WCF shall pay the reasonable costs of medical aid required by an industrial accident for maximum two years, and may pay the additional cost for further medical aid when it may reduce the incapacity. Medical aid includes clinical rehabilitation benefits for the physical and psychological recovery of the employee (section 69). The Committee recalls that under Articles 9 and 10 of the Convention, victims of industrial accidents shall be also entitled to free surgical and pharmaceutical aid, the supply and normal renewal of the necessary artificial limbs and surgical appliances. In this connexion, the Committee would like to refer to article 36 of the Workmen’s Compensation Act of Zanzibar where medical aid includes medical, surgical, hospital treatment, skilled nursing services, medicines and the supply and maintenance, repair and renewal of artificial limbs and appliances. The Committee therefore requests the Government to review the 2008 Act so as to include surgical and pharmaceutical aid for victims of industrial accidents as well as the supply and renewal, free of charge, of artificial limbs and surgical appliances.
Article 11. Insolvency of the insurer. The Committee notes that the 2008 Act does not foresee the payment of compensation for employees in the event of the insolvency of the insurer. The Committee requests the Government to indicate what provisions exist to protect employees in case of the insolvency of the WCF.
Convention No. 19. Article 1. Equality of Treatment. The Committee requests the Government to explain how the equality of treatment is guaranteed by the Workers Compensation Act (No. 20 of 2008).
Finally, with respect to the legislation applicable in Zanzibar, the Committee asks the Government whether it envisages to amend the Workmen’s Compensation Act (No. 15 of 1986) of Zanzibar which puts the liability to the payment of compensation directly on the employer, so as to harmonize it with the Workers Compensation Act (No. 20 of 2008), which sets up a collectively financed insurance scheme against occupational accidents and diseases.

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Referring to its previous comments raising a number of issues under Articles 3, 5, 7, and 11 of the Convention, the Committee notes that the Government’s report merely refers to a 2005 amendment of the Workmen’s Compensation Act (WCA) (adopted by the House of Representatives of Zanzibar in 1986) and indicates that a new act is now regulating the national service and army in special departments. The Committee is therefore bound to request the Government to indicate in its next report the concrete measures taken in order to bring the WCA into conformity with each of the following provisions of the Convention and to supply copies of newly adopted acts or regulations.

Article 3, paragraph 2, of the Convention (in relation with Article 2). Workers excluded from industrial accident insurance. (a) The Committee notes that section 2(a) and (b) of the WCA excludes employees of the Special Department and the Union Government. It recalls that Article 3 of the Convention permits the exemption of classes of workers if they are covered by some special scheme, the terms of which are not less favourable than the Convention. The Committee requests the Government to provide information on the compensation scheme applying to employees of the Special Department and the Union Government.

(b) Section 2(d) of the above Act authorizes the Minister of Labour to exempt from the coverage of the Act any class of workers. The Committee would be grateful if the Government would indicate the classes of workers which have been excluded under this provision of the Act and, where appropriate, the protection by which they are covered.

Articles 5 and 7. Periodical payments in the event of death or permanent incapacity. The Committee notes that sections 10, 11 and 12 of the above Act provide for the payment of compensation in the form of a lump sum in the event of death or permanent incapacity, as well as in the case that the injured worker needs the constant help of another person. It recalls that under Articles 5 and 7 of the Convention such compensation shall be paid in the form of periodical payments and that total and partial payment in a lump sum is permitted only if the competent authority is satisfied that it will be properly utilized. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to bring the national legislation into conformity with these Articles of the Convention.

 Article 11. Obligation to subscribe to an insurance scheme. By virtue of sections 8(1) and 48(c) of the WCA, the Minister of Labour may require any employer or class of employers to subscribe to an insurance scheme. The Committee requests the Government to provide information on the classes of employers upon whom this obligation of insurance has been imposed.

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Ever since the entry into force of the Convention for the United Republic of Tanzania, the Committee has been drawing the Government’s attention to the need to amend the Workmen’s Compensation Ordinance (WCO) (Chapter 263). The latter provides for payment in the form of a lump sum in the event of death or permanent incapacity resulting from an industrial accident, whereas Article 5 of the Convention only authorizes the conversion of the periodical payments into a lump sum in cases where the competent authority is satisfied that it will be properly utilized. In its last report, the Government once again indicates that the labour law reform is still not completed and states that it will eventually have the effect of replacing the WCO with a new act guaranteeing that in case of industrial accidents resulting in permanent incapacity or death, the victims or their dependants will receive compensation in the form of periodical payments. The Government further indicates that all employers are required to take out industrial accident insurance for their employees but states that there are currently no statistics available as regards the total number of employees and apprentices employed in the country, the amount of the benefits paid and the number of accidents reported.

While taking due note of this information, the Committee observes that, according to sources such as the Social Security Programmes throughout the World 2007 and the National Social Security Fund, the employment injury compensation scheme operating in the country appears to have recently been reformed. It consequently requests the Government to supply with its next report detailed information on the manner in which the changes in the national legislation affect the application of each of the provisions of the Convention. It also hopes that the Government will supply in its next report relevant statistical data on how industrial accident compensation functions in practice.

 

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In earlier comments, the Committee noted the adoption by the House of Representatives of Zanzibar of the Workmen’s Compensation Act of 1986 and it requested certain information from the Government in this respect. In its last report, the Government indicates that the Zanzibar Revolutionary Government has not provided any information on the groups which may be excluded from the scope of the above Act. It adds that, in the labour law reform process, the provisions of the Workmen’s Compensation Act which are not in conformity with the Convention, will be amended. The Committee notes this information. It hopes that the Government will not fail to take every measure to make the necessary amendments to the Act and that it will provide information on the following points.

Article 3, paragraph 2, of the Convention (in relation with Article 2). (a) The Committee notes that section 2(a) and (b) of the Workmen’s Compensation Act excludes employees of the Special Department and the Union Government. It recalls that Article 3 of the Convention permits the exemption of classes of workers if they are covered by some special scheme, the terms of which are not less favourable than the Convention. The Committee requests the Government to provide information on the compensation scheme applying to employees of the Special Department and the Union Government.

(b) Section 2(d) of the above Act authorizes the Minister of Labour to exempt from the coverage of the Act any class of workers. The Committee would be grateful if the Government would indicate the classes of workers which have been excluded under this provision of the Act and, where appropriate, the protection by which they are covered.

Articles 5 and 7. The Committee notes that sections 10, 11 and 12 of the above Act provide for the payment of compensation in the form of a lump sum in the event of death or permanent incapacity, as well as in the case that the injured worker needs the constant help of another person. It recalls that under Articles 5 and 7 of the Convention such compensation shall be paid in the form of periodical payments and that total and partial payment in a lump sum is permitted only if the competent authority is satisfied that it will be properly utilized. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to bring the national legislation into conformity with these Articles of the Convention.

Article 11. By virtue of sections 8(1) and 48(c) of the Workmen’s Compensation Act, the Minister of Labour may require any employer or class of employers to subscribe to an insurance scheme. The Committee requests the Government to provide information on the classes of employers upon whom this obligation of insurance has been imposed.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

Article 5 of the Convention. Ever since the entry into force of the Convention for the United Republic of Tanzania, the Committee has been drawing the Government’s attention to the need to amend the Workmen’s Compensation Ordinance (chapter 263), which provides for payment in the form of a lump sum in the event of death or permanent incapacity. This is not in conformity with Article 5 of the Convention, under which the compensation must be paid in the form of periodical payments. It is only as an exception that this Article of the Convention authorizes the conversion of the periodical payments into a lump sum, where the competent authority is satisfied that it will be properly utilized. In its last report, the Government once again indicates that a legislative reform is being undertaken and that the Workmen’s Compensation Ordinance is one of the laws which will be examined. The Committee notes this information. It trusts that, in the context of the process of revising the labour legislation, the Government will not fail to take all the necessary measures to amend the Workmen’s Compensation Ordinance so as to ensure that effect is given to this provision of the Convention. Please provide a copy of any text adopted to this effect.

The Committee also requests the Government to supply general information on the manner in which the Convention is applied in practice including, in so far as statistical information is available, particulars on the numbers of persons covered by the legislation, the amount of the benefits paid and the number of accidents reported, in accordance with Part V of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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In earlier comments, the Committee noted the adoption by the House of Representatives of Zanzibar of the Workmen’s Compensation Act of 1986 and it requested certain information from the Government in this respect. In its last report, the Government indicates that the Zanzibar Revolutionary Government has not provided any information on the groups which may be excluded from the scope of the above Act. It adds that, in the labour law reform process, the provisions of the Workmen’s Compensation Act which are not in conformity with the Convention, will be amended. The Committee notes this information. It hopes that the Government will not fail to take every measure to make the necessary amendments to the Act and that it will provide information on the following points.

Article 3, paragraph 2, of the Convention (in relation with Article 2). (a) The Committee notes that section 2(a) and (b) of the Workmen’s Compensation Act excludes employees of the Special Department and the Union Government. It recalls that Article 3 of the Convention permits the exemption of classes of workers if they are covered by some special scheme, the terms of which are not less favourable than the Convention. The Committee requests the Government to provide information on the compensation scheme applying to employees of the Special Department and the Union Government.

(b) Section 2(d) of the above Act authorizes the Minister of Labour to exempt from the coverage of the Act any class of workers. The Committee would be grateful if the Government would indicate the classes of workers which have been excluded under this provision of the Act and, where appropriate, the protection by which they are covered.

Articles 5 and 7. The Committee notes that sections 10, 11 and 12 of the above Act provide for the payment of compensation in the form of a lump sum in the event of death or permanent incapacity, as well as in the case that the injured worker needs the constant help of another person. It recalls that under Articles 5 and 7 of the Convention such compensation shall be paid in the form of periodical payments and that total and partial payment in a lump sum is permitted only if the competent authority is satisfied that it will be properly utilized. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to bring the national legislation into conformity with these Articles of the Convention.

Article 11. By virtue of sections 8(1) and 48(c) of the Workmen’s Compensation Act, the Minister of Labour may require any employer or class of employers to subscribe to an insurance scheme. The Committee requests the Government to provide information on the classes of employers upon whom this obligation of insurance has been imposed.

CMNT_TITLE

Article 5 of the Convention. Ever since the entry into force of the Convention for the United Republic of Tanzania, the Committee has been drawing the Government’s attention to the need to amend the Workmen’s Compensation Ordinance (chapter 263), which provides for payment in the form of a lump sum in the event of death or permanent incapacity. This is not in conformity with Article 5 of the Convention, under which the compensation must be paid in the form of periodical payments. It is only as an exception that this Article of the Convention authorizes the conversion of the periodical payments into a lump sum, where the competent authority is satisfied that it will be properly utilized. In its last report, the Government once again indicates that a legislative reform is being undertaken and that the Workmen’s Compensation Ordinance is one of the laws which will be examined. The Committee notes this information. It trusts that, in the context of the process of revising the labour legislation, the Government will not fail to take all the necessary measures to amend the Workmen’s Compensation Ordinance so as to ensure that effect is given to this provision of the Convention. Please provide a copy of any text adopted to this effect.

The Committee also requests the Government to supply general information on the manner in which the Convention is applied in practice including, in so far as statistical information is available, particulars on the numbers of persons covered by the legislation, the amount of the benefits paid and the number of accidents reported, in accordance with Part V of the report form.

CMNT_TITLE

The Committee notes with regret that for the third consecutive year the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee has reviewed the Workmen’s Compensation Act, 1986, submitted by the Government.

Article 3, paragraph 2, of the Convention (in relation with Article 2). (a) The Committee notes that section 2(a) and (b) of the Workmen’s Compensation Act excludes employees of the Special Department and the Union Government. The Committee recalls that Article 3 permits the exemption of classes of workers if they are covered by some special scheme which is not less favourable than the terms of the Convention. The Committee requests information on what alternative schemes cover the employees of the Special Department and the Union Government.

(b) Section 2(d) of the Act authorizes the Minister of Labour to exempt from coverage any class of workers. The Committee requests information on which groups, if any, have been excluded pursuant to section 2(d) and what alternative schemes cover them.

Articles 5 and 7. The Committee notes that sections 10, 11 and 12 of the Act provide for payment of compensation in the form of a lump sum in the event of death or permanent incapacity as well as in the case where the injured worker needs constant help of another person. It recalls that under Articles 5 and 7 of the Convention such compensation shall be paid in the form of periodical payments and that total or partial payment in a lump sum is permitted only if the competent authority is satisfied that it will be properly utilized. The Committee would be grateful if the Government would indicate in its next report what steps it proposes to take to bring the national legislation into conformity with these Articles of the Convention.

Article 11. The Committee notes that section 8(1) and section 48(c) of the Act authorize the Ministry of Labour to require any employer or class of employers to insure themselves. The Committee requests information on what classes of employers have been required to insure.

CMNT_TITLE

The Committee notes with regret that for the third consecutive year the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 5 of the Convention. In previous observations, the Committee had noted that Chapter 263 of the Workmen’s Compensation Ordinance made provision for payment in the form of a lump sum in the event of death or permanent incapacity, whereas Article 5 requires that compensation be paid in the form of periodic payment. Under this Article of the Convention, lump sums may be paid only with adequate supervision from the appropriate authorities. In reply to these observations, the Government had expressed its intent, since 1988, to adopt "Consolidated Social Security Legislation". In its last report, the Government explains that the matter is still being followed up by the National Provident Fund and experts from the International Social Security Association, in collaboration with the International Labour Office. The Committee notes this information. It again urges the Government to take all necessary measures to give full effect to the requirements of the Convention in the very near future.

The Committee requests the Government to supply information on the application of the Convention, including any relevant statistics, in accordance with Part V of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

Zanzibar

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee has reviewed the Workmen’s Compensation Act, 1986, submitted by the Government.

  Article 3, paragraph 2, of the Convention (in relation with Article 2).  (a) The Committee notes that section 2(a) and (b) of the Workmen’s Compensation Act excludes employees of the Special Department and the Union Government. The Committee recalls that Article 3 permits the exemption of classes of workers if they are covered by some special scheme which is not less favourable than the terms of the Convention. The Committee requests information on what alternative schemes cover the employees of the Special Department and the Union Government.

(b) Section 2(d) of the Act authorizes the Minister of Labour to exempt from coverage any class of workers. The Committee requests information on which groups, if any, have been excluded pursuant to section 2(d) and what alternative schemes cover them.

  Articles 5 and 7.  The Committee notes that sections 10, 11 and 12 of the Act provide for payment of compensation in the form of a lump sum in the event of death or permanent incapacity as well as in the case where the injured worker needs constant help of another person. It recalls that under Articles 5 and 7 of the Convention such compensation shall be paid in the form of periodical payments and that total or partial payment in a lump sum is permitted only if the competent authority is satisfied that it will be properly utilized. The Committee would be grateful if the Government would indicate in its next report what steps it proposes to take to bring the national legislation into conformity with these Articles of the Convention.

  Article 11.  The Committee notes that section 8(1) and section 48(c) of the Act authorize the Ministry of Labour to require any employer or class of employers to insure themselves. The Committee requests information on what classes of employers have been required to insure.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which reads as follows:

1.  Article 5 of the Convention.  In previous observations, the Committee had noted that Chapter 263 of the Workmen’s Compensation Ordinance made provision for payment in the form of a lump sum in the event of death or permanent incapacity, whereas Article 5 requires that compensation be paid in the form of periodic payment. Under this Article of the Convention, lump sums may be paid only with adequate supervision from the appropriate authorities. In reply to these observations, the Government had expressed its intent, since 1988, to adopt "Consolidated Social Security Legislation". In its last report, the Government explains that the matter is still being followed up by the National Provident Fund and experts from the International Social Security Association, in collaboration with the International Labour Office. The Committee notes this information. It again urges the Government to take all necessary measures to give full effect to the requirements of the Convention in the very near future.

2.  The Committee requests information on the application of the Convention, including any relevant statistics, in accordance with Part V of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

Zanzibar

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee has reviewed the Workmen's Compensation Act, 1986, submitted by the Government.

Article 3(2) of the Convention (in relation with Article 2). (a) The Committee notes that section 2(a) and (b) of the Workmen's Compensation Act excludes employees of the Special Department and the Union Government. The Committee recalls that Article 3 permits the exemption of classes of workers if they are covered by some special scheme which is not less favourable than the terms of the Convention. The Committee requests information on what alternative schemes cover the employees of the Special Department and the Union Government.

(b) Section 2(d) of the Act authorizes the Minister of Labour to exempt from coverage any class of workers. The Committee requests information on which groups, if any, have been excluded pursuant to section 2(d) and what alternative schemes cover them.

Articles 5 and 7. The Committee notes that sections 10, 11 and 12 of the Act provide for payment of compensation in the form of a lump sum in the event of death or permanent incapacity as well as in the case where the injured worker needs constant help of another person. It recalls that under Articles 5 and 7 of the Convention such compensation shall be paid in the form of periodical payments and that total or partial payment in a lump sum is permitted only if the competent authority is satisfied that it will be properly utilized. The Committee would be grateful if the Government would indicate in its next report what steps it proposes to take to bring the national legislation into conformity with these Articles of the Convention.

Article 11. The Committee notes that section 8(1) and section 48(c) of the Act authorize the Ministry of Labour to require any employer or class of employers to insure themselves. The Committee requests information on what classes of employers have been required to insure.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 5 of the Convention. In previous observations, the Committee had noted that Chapter 263 of the Workmen's Compensation Ordinance made provision for payment in the form of a lump sum in the event of death or permanent incapacity, whereas Article 5 requires that compensation be paid in the form of periodic payment. Under this Article of the Convention, lump sums may be paid only with adequate supervision from the appropriate authorities. In reply to these observations, the Government had expressed its intent, since 1988, to adopt "Consolidated Social Security Legislation". In its last report, the Government explains that the matter is still being followed up by the National Provident Fund and experts from the International Social Security Association, in collaboration with the International Labour Office. The Committee notes this information. It again urges the Government to take all necessary measures to give full effect to the requirements of the Convention in the very near future. 2. The Committee requests information on the application of the Convention, including any relevant statistics, in accordance with Part V of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

Zanzibar

The Committee has reviewed the Workmen's Compensation Act, 1986, submitted by the Government.

Article 3(2) of the Convention (in relation with Article 2). 1. The Committee notes that section 2(a) and (b) of the Workmen's Compensation Act excludes employees of the Special Department and the Union Government. The Committee recalls that Article 3 permits the exemption of classes of workers if they are covered by some special scheme which is not less favourable than the terms of the Convention. The Committee requests information on what alternative schemes cover the employees of the Special Department and the Union Government.

2. Section 2(d) of the Act authorizes the Minister of Labour to exempt from coverage any class of workers. The Committee requests information on which groups, if any, have been excluded pursuant to section 2(d) and what alternative schemes cover them.

Articles 5 and 7. The Committee notes that sections 10, 11 and 12 of the Act provide for payment of compensation in the form of a lump sum in the event of death or permanent incapacity as well as in the case where the injured worker needs constant help of another person. It recalls that under Articles 5 and 7 of the Convention such compensation shall be paid in the form of periodical payments and that total or partial payment in a lump sum is permitted only if the competent authority is satisfied that it will be properly utilized. The Committee would be grateful if the Government would indicate in its next report what steps it proposes to take to bring the national legislation into conformity with these Articles of the Convention.

Article 11. The Committee notes that section 8(1) and section 48(c) of the Act authorize the Ministry of Labour to require any employer or class of employers to insure themselves. The Committee requests information on what classes of employers have been required to insure.

CMNT_TITLE

1. Article 5 of the Convention. In previous observations, the Committee had noted that Chapter 263 of the Workmen's Compensation Ordinance made provision for payment in the form of a lump sum in the event of death or permanent incapacity, whereas Article 5 requires that compensation be paid in the form of periodic payment. Under this Article of the Convention, lump sums may be paid only with adequate supervision from the appropriate authorities. In reply to these observations, the Government had expressed its intent, since 1988, to adopt "Consolidated Social Security Legislation". In its last report, the Government explains that the matter is still being followed up by the National Provident Fund and experts from the International Social Security Association, in collaboration with the International Labour Office.

The Committee notes this information. It again urges the Government to take all necessary measures to give full effect to the requirements of the Convention in the very near future.

2. The Committee requests information on the application of the Convention, including any relevant statistics, in accordance with point V of the report form.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 5 of the Convention. In reply to the Committee's previous observation, the Government indicates that a new draft of the "Consolidated Social Security Legislation" is being prepared with the help of the International Labour Office and that the final text will be communicated to the Committee for comments. The Committee notes this information and once again expresses the hope that the above-mentioned legislation will be adopted soon and that consequently the Workmen's Compensation Ordinance, Chapter 263, will be amended so as to ensure, in accordance with this Article of the Convention, that the compensation payable to the injured worker, or his dependants, where permanent incapacity or death results from the injury, shall be paid in the form of periodical payments, provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilised. Please supply information on any progress made in this respect. 2. The Committee once again asks the Government to supply the text of the 1986 Workmen's Compensation Act applicable to Zanzibar, which has not yet been received in the ILO.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

1. Article 5 of the Convention. In reply to the Committee's previous observation, the Government indicates that a new draft of the "Consolidated Social Security Legislation" is being prepared with the help of the International Labour Office and that the final text will be communicated to the Committee for comments. The Committee notes this information and once again expresses the hope that the above-mentioned legislation will be adopted soon and that consequently the Workmen's Compensation Ordinance, Chapter 263, will be amended so as to ensure, in accordance with this Article of the Convention, that the compensation payable to the injured worker, or his dependants, where permanent incapacity or death results from the injury, shall be paid in the form of periodical payments, provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilised. Please supply information on any progress made in this respect.

2. The Committee once again asks the Government to supply the text of the 1986 Workmen's Compensation Act applicable to Zanzibar, which has not yet been received in the ILO.

CMNT_TITLE

1. Article 5 of the Convention. The Committee notes the Government's statement in its report that the preparation of the "Consolidated Social Security Legislation" is still under way. It therefore hopes that the above-mentioned legislation will soon be approved and that the Workmen's Compensation Ordinance, Chapter 263, will consequently be amended so as to ensure, in accordance with this Article of the Convention, that the compensation payable to the injured workman, or his dependants, where permanent incapacity or death results from the injury, shall be paid in the form of periodical payments, provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilised. Please supply information on any progress made in this respect.

2. The Committee would be grateful if the Government would supply the text of the 1986 Workmen's Compensation Act applicable to Zanzibar.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. In reply to the Committee's previous comments, the Government indicated in its report that consultations were taking place between the various social security institutions in the country with a view to giving effect to the recommendations put forward by the ILO Regional Adviser on Social Security. In this connection, the Government had considered the idea of preparing a "Consolidated Social Security Legislation" which will take into account the provisions of this Article of the Convention. The Committee had noted this information and had expressed the hope that the "Consolidated Social Security Legislation" would soon be prepared and that the Workmen's Compensation Ordinance, Chapter 263, would consequently be amended so as to ensure, in accordance with this Article of the Convention, that the compensation payable to the injured workman, or his dependants, where permanent incapacity or death results from the injury, shall be paid in the form of periodical payments, provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilised. The Committee requested the Government to provide information on any progress made in this respect.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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