Central Form K or L or M - Memorandum of Agreement

The Workmen’s Compensation Act of 1923, of which the Central Form K L M Memorandum Agreement is a part, is one of the many Acts or Laws enforced by the Government of India to uphold workers’ rights. These laws ensure that all employers within India follow similar rules and regulations to offer their employees a safe and secure working environment. The laws also specify the policies employers must undertake to guarantee proper compensation and survival and death benefits to their employees. Besides the Workmen’s Compensation Act of 1923, of which the Central Form K L M Memorandum Agreement is a part, some other laws dealing with the factory and industry workers in India are as follows:

Contract Labour Regulation & Abolition Act
ESI Act
Equal Remuneration Act & Rules
Factories Act
Industrial Disputes Act
Inter-State Migrant Workers Act
Labour Laws Exemption Act
Labour Welfare Fund Act
Maternity Benefit (Amendment) Act
Minimum Wages Act
Occupational Safety, Health, and Working Conditions Code, 2020
PF Act
Payment of Bonus Act
Payment of Gratuity Act
Payment of Wages Act
Shops & Establishments Act
The PoSH Act
Trade Unions Act

This article discusses the various provisions of the Workmen’s Compensation Act of 1923 and elaborates on the multiple provisions of the Central Form K L M Memorandum Agreement. For a seamless understanding of Central Form K L M Memorandum Agreement, the article has been divided into the following sub-sections:

What is Central Form K L M Memorandum Agreement?

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The Central Form K L M Memorandum Agreement is part of the Workmen’s Compensation Act of 1923, also known as Act No. 8 of 1923. The Workmen’s Compensation Act came into effect on 5th March 1923. The Act, of which the Central Form K L M Memorandum Agreement is a part, specifies the various rules and policies to be followed by employers of specific categories regarding workers’ compensation in the case of injury by accident.

In the Central Form K L M Memorandum Agreement, the Factory/ Human Resource/ Personnel Manager needs to mention the employee's date, name, and address who has received a personal injury while performing his duty on the employer’s premises. The manager also needs to mention the employee’s wage and age. Also, the manager needs to disclose the payments made to him as wages, along with the dates of such payments. Additionally, in the Central Form K L M Memorandum Agreement, the manager must declare that s/he has paid the amount arising as compensation under the Workmen’s Compensation Act of 1923.

After filling in the Central Form K L M Memorandum Agreement, the Factory/ Human Resource/ Personnel Manager must send it to the Commissioner for Workmen’s Compensation. After receiving the form, the Commissioner will verify the written statement and examine the case (if required). The Commissioner will also ask the employee to declare whether they are satisfied with the compensation amount stated in the Central Form K L M Memorandum Agreement or not. If the employee is not satisfied, the Commissioner might convene a meeting between the two concerned parties. Then, the Commissioner will frame, record, and declare the decision.

Central Form K L M Memorandum Agreement - Who is a Workman?

It is vital to know the definition of the ‘Workman’ before discovering the various facets of the Central Form K L M Memorandum Agreement. According to the Workmen’s Compensation Act of 1923, a workman is anyone mentioned in Schedule II and whose employment carries the risk of occupational diseases mentioned in Part A, B, and C of Schedule III. For instance, any employee whose employment is non-contractual and who works in the Indian Railways (as per the provisions of the Indian Railways Act, 1890’s Section 3) is considered a workman. However, this rule applies to employees not working in a permanent position in sub-divisional, district, or administrative office.

The following is a comprehensive list of employees classified as ‘Workmen’ as per Section 2 (1) (n) of the Workmen’s Compensation Act of 1923. Knowing the definition of ‘Workmen’ is crucial to preparing the Central Form K L M Memorandum Agreement.

Any employee operating or connected with the operation of a lift or steam-powered vehicle
Any employee responsible for altering, repairing, finishing, ornamenting, or making items for sale or transport in a facility with over twenty (20) workers
Any employee manufacturing or handling explosives in a registered firm
Any worker working in a mine and engaged in mining operations
Any seaman or a master employed in steam or electricity-propelled ship and engaged in loading, unloading, demolishing, painting, or cleaning a ship of which he is not a part
Any worker involved in constructing, repairing, maintaining, or demolishing buildings, dams, tunnels, bridges, sea walls, etc.
Any worker engaged in the maintenance and repairing of telephone or telegraph lines
Any worker employed in the construction, demolition, or maintenance of the pipeline, sewerage line, canal, or aerial ropeway
Any worker serving the fire brigade
Any person working in the Railway Mail Service as a van peon, sorter, mail guard, or inspector
Any person involved in the Indian Post and Telegraphs Department’s outdoor work
Any worker involved in excavation work using explosives
Any person operating a ferry boat with over ten (10) passengers
Any employee of a lighthouse, as mentioned in the Indian Lighthouse Act of 1927
Any worker engaged in the production of cinchona, rubber, tea, or cardamom
Any person employed in catching or training wild animals like elephants
Any person handling or manipulating radio-active apparatus
Any person involved in erecting or dismantling aircraft mentioned in the Indian Aircraft Act of 1934
Any worker engaged in the construction of tubewell and a building’s electrical appliances

So, while preparing the Central Form K L M Memorandum Agreement, the Human Resource or Personnel Manager needs to factor in only the employees listed in Schedule III of the Workmen’s Compensation Act of 1923.

Important Compliance Forms According to the Workmen’s Compensation Act of 1923

A Factory Manager, Human Resource Manager, or Personnel Manager of any company listed in the Workmen’s Compensation Act of 1923 must submit various forms, including the Central Form K L M Memorandum Agreement. Here is the list of compliance forms, besides Central Form K L M Memorandum Agreement, a manager needs to submit to the Commissioner for Workmen’s Compensation. The government appoints the Commissioner for Workmen’s Compensation under Section 20 of the Workmen’s Compensation Act of 1923.

Form A - Deposit of compensation for fatal accident
Form AA - Deposit of compensation for non-fatal accident to a woman or person under legal disability
Form D - Deposit of compensation for non-fatal accidents, other than to a workman or person under legal disability
Form EE - Report of fatal accidents
Form F - Application for compensation by workmen
Form G - Application for order to deposit compensation
Form H - Application for communication

Central Form K L M Memorandum Agreement - Ways to Fill The Form

The following subsections discuss each element of the Central Form K L M Memorandum Agreement, along with the guidelines to fill the form appropriately:

Central Form K L M Memorandum Agreement -Sub-Section 1

“It is hereby submitted that on the...................................day of..............................19... personal injury was caused to....................., residing at...................................... by accident arising out of and in the course of his employment in.......... The said injury has resulted in permanent disablement to the said workman of the following nature, namely :”

In this subsection of the Central Form K L M Memorandum Agreement, the employer Factory/ Human Resource/ Personnel Manager must disclose the details of the employee who has received the injury. The manager must enter the date in words in the first, second, and third blank spaces. So, if the personal injury date is 15th June 2022, the date will be written as the ‘__fifteenth__ day of __June__ 20_22_’. In the fourth blank space, the employee’s name must be mentioned. In the fifth blank space of the Central Form K L M Memorandum Agreement, the employee’s present address must be mentioned. And in the sixth empty space, the organization’s name needs to be said.

Central Form K L M Memorandum Agreement -Sub-Section 2

“The said workman’s monthly wages are estimated at Rs……………………….. The workman is over the age of 15 years\will reach the age of 15 years on.......... The said workman has, prior to the date of this agreement, received that following payments, namely: Rs...................... on.............. Rs..................... on.......................................................... Rs...................... on.............. Rs..................... on.......................................................... Rs...................... ........ on.............. ...... Rs..................... ....... on..........................................................”

In this subsection of the Central Form K L M Memorandum Agreement, the Factory/ Human Resource/ Personnel Manager must disclose everything related to the wage received by the employee or worker. In the first blank space, the manager needs to enter the gross monthly wage (before deducting taxes) of the concerned employee. In the second blank space, write the date on which the personal injury occurred. And in the remaining blank spaces of the Central Form K L M Memorandum Agreement, mention the wages received by the concerned employee or worker, along with the dates of disbursing such payments.

Central Form K L M Memorandum Agreement -Sub-Section 3

“It is further submitted that........................................the employer of the said workman has agreed to pay and, the said workman has agreed to accept the sum of Rs............................... in full settlement of all and every claim under the Workmen’s Compensation Act, 1923, in respect of the disablement should above and all disablement now manifest. It is therefore, requested that this memorandum be duly recorded.

Dated.............19.”

In this subsection of the Central Form K L M Memorandum Agreement, the Factory/ Human Resource/ Personnel Manager must write about the employer and the compensation details. In the first blank space, the manager must mention the employer’s name. In the second blank space, the total compensation amount needs to be entered. And, in the last blank space of the Central Form K L M Memorandum Agreement, the date of filling the form must be entered.

Central Form K L M Memorandum Agreement -Sub-Section 4

“Signature of employer.............................................................................................................................. Witness................................................................................................................................... Signature of workman.............................................................................................................................. Witness................................................................................................................................... “

In this subsection of the Central Form K L M Memorandum Agreement, the Factory/ Human Resource/ Personnel Manager must provide their signature. The form must also contain the signature of the injured workman (if possible). Also, both the employer’s and workman’s signatures must be checked by two witnesses. It is wise to note that any of the two parties may register the Central Form K L M Memorandum Agreement, provided the other party has consented to the terms. However, both signatures must be appended (if possible).

In this concluding part of the Central Form K L M Memorandum Agreement, the worker must provide his signature stating that he has received the compensation amount from the employer. Also, the witness needs to sign after the worker’s signature in the Central Form K L M Memorandum Agreement.

Conclusion

The Central Form K L M Memorandum Agreement applies to all categories of employers and employees working as per the provisions of the Workmen’s Compensation Act of 1923. Hence, proper knowledge of the Central Form K L M Memorandum Agreement is essential to meet the compliance norms of operating in India.

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Key Takeaways

The Workmen’s Compensation Act of 1923, of which the Central Form K L M Memorandum Agreement is a part, is one of the many Acts or Laws enforced by the Government of India to uphold workers’ rights
In the Central Form K L M Memorandum Agreement, the Factory/ Human Resource/ Personnel Manager needs to mention the date, name, and address of the employee who has received a personal injury while performing his duty on the employer’s premises
After filling in the Central Form K L M Memorandum Agreement, the Factory/ Human Resource/ Personnel Manager must send it to the Commissioner for Workmen’s Compensation
According to the Workmen’s Compensation Act of 1923, of which the Central Form K L M Memorandum Agreement is a part, a workman is anyone mentioned in Schedule II and whose employment carries the risk of occupational diseases mentioned in Part A, B, and C of Schedule III