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        1920 (11) TMI 2 - Other - Indian Laws

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        Statutory definition of Indian immigrant extended employer contribution liability to descendants resident in Natal. The definition of 'Indian immigrant' was held to include not only persons introduced from India under the relevant laws but also their descendants ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Statutory definition of Indian immigrant extended employer contribution liability to descendants resident in Natal.

                              The definition of "Indian immigrant" was held to include not only persons introduced from India under the relevant laws but also their descendants resident in Natal. Read as a whole, the statutory scheme and related provisions supported application of the definition clause to the operative contribution provision. Technical arguments drawn from other sections and the penalty proviso could not displace the plain wording of the definition. The practical effect was that employers' liability to contribute toward medical attendance extended to descendants of Indian immigrants, and payment could be recovered in respect of them.




                              Issues: Whether the expression "Indian immigrant" in the provision requiring employers to contribute toward medical attendance included descendants of Indian immigrants, so that payment could be levied in respect of them.

                              Analysis: The definition clause stated that "Indian immigrant" meant and included not only Indians introduced from India under the relevant laws but also their descendants resident in Natal. The operative provision was read in the setting of the statute as a whole, including the related sections dealing with Indian immigrants and the age of an Indian immigrant male adult. The Court held that there was nothing in the text or context of the operative provision to exclude the definition clause. It further held that technical arguments based on other sections and on the proviso to the penalty section could not override the plain statutory definition.

                              Conclusion: The term "Indian immigrant" included descendants of Indian immigrants, and the contribution was recoverable in respect of them.


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