Section 76b – EMPLOYEES’ STATE INSURANCE (GENERAL) REGULATIONS,1950

76B. Commutation of permanent disablement benefit

(1) An insured person whose permanent disablement has been assessed as final and who has been awarded permanent disablement benefit at a rate not exceeding Rs. 1.50 per day may apply for commutation of permanent disablement benefit into a lump sum :

PROVIDED that the insured person whose permanent disablement has been assessed as final and the benefit rate exceeds Rs. 1.50 per day may also apply for commutation of permanent disablement benefit into lump sum subject to the condition that the total commuted value of the lump sum permanent disablement benefit does not exceed Rs. 10,000 at the time of commencement of final award of his permanent disability:

PROVIDED FURTHER that the cases falling under clause (3) of this regulation where commutation has been refused because the insured person did not have average expectation of life, shall not be reopened.]

(2) Where such an application is made within 6 months of the date on which he can opt for commutation hereafter called the “date of possible option” 27[the permanent disablement benefit] shall be commuted into a lump sum.

(3) Where such an application is made after expiry of six months from the date of possible option, 27[the permanent disablement benefit] may be commuted into lump sum if the Corporation is satisfied that the insured person has an average expectation of life for his age. For this purpose, the insured person shall, if so required by the appropriate office, present himself for examination by such medical authority as the Director-General may, by general or special order, specify.

(4) For the purpose of this regulation, the date of possible option shall mean-

(i) in the case of a person who, on the date on which this regulation comes into force, is in receipt of permanent disablement benefit covered by sub-regulation (1) the date of coming into force of this regulation;

(ii) in the case any other insured person, the date on which assessment of permanent disablement covered by sub-regulation (1), is communicated to him by the appropriate regional office.

(5) The amount of lump sum admissible under this regulation shall be determined by multiplying the daily rate of permanent disablement benefit by the figure indicated in column 2 of the Schedule III to these regulations, corresponding to the age on last birthday of the insured person on the date on which his application for commutation is received in the appropriate office and on and from that date 27[the permanent disablement benefit] shall cease to be payable to him]:

28[PROVIDED that where no proof of age has been submitted as required by the appropriate office or if submitted, has not been accepted as satisfactory by the appropriate office, the corresponding age as aforesaid of the insured person shall be the age as estimated by the Medical Board on the date of examination adjusted by the period intervening between the date of examination by the Medical Board and the date on which the application for commutation was received in the appropriate office:

PROVIDED FURTHER that the age so estimated by the Medical Board shall also operate against any proof of age that may be submitted after the time allowed for the purpose to the insured person by the appropriate office before reference of his case of the Medical Board.]

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