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THE WORKMEN'S COMPENSATION ACT, 1923
ACT NO. 8 OF 1923 1*
[5th March, 1923.]
An Act to provide for the payment by certain classes of employers to
their workmen of compensation for injury by accident.
WHEREAS it is expedient to provide for the payment by certain
classes of employers to their workmen of compensation for injury by
accident; It is hereby enacted as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement.- (1) This Act may be
called the Workmen's Compensation Act 1923.
2*[(2) It extends to the whole of India 3***.]
(3) It shall come into force on the first day of July, 1924.
2.
Definitions.
2. Definitions.- (1) In this Act, unless there is anything
repugnant in the subject or context,--
4* * * * *
(b) "Commissioner" means a Commissioner for Workmen's
Compensation appointed under section 20;
(c) "compensation" means compensation as provided for by
this Act;
5*[(d) "dependant" means any of the following relatives of a
deceased workman, namely:--
(i) a widow, a minor legitimate son, and unmarried
legitimate daughter, or a widowed mother; and
(ii) if wholly dependent on the earnings of the
workman at the time of his death, a son or a daughter
who has attained the age of 18 years and who is infirm;
----------------------------------------------------------------------
1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of
1962, s. 3 and Sch.; Dadra and Nagar Haveli by Reg. 6 of 1963, s.
2 and Sch. I; Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I
and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s.
3 and Sch. This Act has been modified in its application to
apprentices under the Apprentices Act, 1961 (52 of 1961) by s. 16
and Sch. to that Act.
2. Subs. by the A. O. 1950, for sub-section (2).
3. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
4. Cl. (a) omitted by Act 8 of 1959, s. 2 (w.e.f. 1-6-1959).
5. Subs. by s. 2, ibid., for the former clause (w.e.f. 1-6-1959).
14
(iii) if wholly or in part dependent on the
earnings of the workman at the time of his
death,
(a) a widower,
(b) a parent other than a widowed mother,
(c) a minor illegitimate son, an unmarried
illegitimate daughter or a daughter
legitimate or illegitimate if married and
a minor or if widowed and a minor,
(d) a minor brother or a unmarried sister or
a widowed sister if a minor,
(e) a widowed daughter-in-law,
(f) a minor child of a pre-deceased son,
(g) a minor child of a pre-deceased daughter
where no parent of the child is alive, or
(h) a paternal grandparent if no parent of
the workman is alive;]
(e) "employer" includes any body of persons whether
incorporated or not and any managing agent of an
employer and the legal representative of a deceased
employer, and, when the services of workman are
temporarily lent or let on hire to another person by
the person with whom the workman has entered into a
contract of service or apprenticeship means such other
person while the workman is working for him;
(f) "managing agent" means any person appointed or acting as
the representative of another person for the purpose of
carrying on such other person's trade or business, but
does not include an individual manager subordinate to
an employer1*;
2*[(ff) "minor" means a person who has not attained the age
of 18 years;]
(g) "partial disablement" means, where the disablement is of
a temporarp nature, such disablement as reduces the
earning capacity of a workman in any employment in
which he was engaged at the time of the accident
resulting in
----------------------------------------------------------------------
1. In the application of the Act to Bengal, a new clause (ff) has
been ins. here by the Workmen's Compensation (Bengal Amendment)
Act, 1942 (Ben. 6 of 1942), s. 3.
2. Ins. by Act 8 of 1959, s. 2 (w.e.f. 1-6-1959).
15
the disablement, and, where the disablement is of a
permanent nature, such disablement as reduces his
earning capacity in every employment which he was
capable of undertaking at that time: provided that
every injury specified 1*[in Part II of Schedule I]
shall be deemed to result in permanent partial
disablement;
(h) "prescribed" means prescribed by rules made under this
Act;
(i) "qualified medical practitioner" means any person
registered 2*** under any 3*[Central Act, Provincial
Act or an Act of the Legislature of a 4*[State]]
providing for the maintenance of a register of medical
practitioners, or, in any area where no such last-
mentioned Act is in force, any person declared by the
State Government, by notification in the Official
Gazette, to be a qualified medical practitioner for the
purposes of this Act;
5* * * * *
(k) "seaman" means any person forming part of the crew of
any 6*** ship, but does not include the master of
7*[the] ship;
(l) "total disablement" means such disablement, whether of a
temporary or permanent nature, as incapacitates a
workman for all work which he was capable of performing
at the time of the accident resulting in such
disablement:
8*[Provided that permanent total disablement shall be deemed
to result from every injury specified in Part I of
Schedule I or from any combination of injuries
specified in Part II thereof where the aggregate
percentage of the loss of earning capacity, as
specified in the said Part II against those injuries,
amounts to one hundred per cent or more;]
(m) "wages" includes any privilege or benefit which is
capable of being estimated in money, other than a
travelling allowance
----------------------------------------------------------------------
1. Subs. by Act 64 of 1962, s. 2, for "in Schedule I" (w.e.f. 1-2-
1963).
2. The words "under the Medical Act, 1858, or any Act amending the
same, or" omitted by Act 8 of 1959, s. 2 (w.e.f. 1-6-1959).
3. Subs. by the A. O. 1950, for "Act of the Central Legislature or
of any Legislature in a Province of India".
4. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part A
State or Part B State".
5. Cl. (j) rep. by Act 15 of 1933, s. 2.
6. The word "registered" omitted by s. 2, ibid.
7. Subs. by s. 2, ibid., for "any such".
8. Subs. by Act 64 of 1962, s. 2, for the proviso (w.e.f. 1-2-1963).
16
or the value of any travelling concession or a
contribution paid by the employer of a workman towards
any pension or provident fund or a sum paid to a
workman to cover any special expenses entailed on him
by the nature of his employment;
(n) "workman" means any person (other than a person whose
employment is of a casual nature and who is employed
otherwise than for the purposes of the employer's trade
or business) who is--
(i) a railway servant as defined in section 3 of
the Indian Railways Act, 1890 (9 of 1890), not
permanently employed in any administrative, district or
sub-divisional office of a railway and not employed in
any such capacity as is specified in Schedule II, or
(ii) employed 1*** 2*** in any such capacity as
is specified in Schedule II.
whether the contract of employment was made before or
after the passing of this Act and whether such contract
is expressed or implied, oral or in writing; but does
not include any person working in the capacity of a
member of 3*[the Armed Forces of the Union] 4***;
and any reference to a workman who has been injured
shall, where the workman is dead, include a reference
to his dependants or any of them.
(2) The exercise and performance of the powers and duties of a
local authority or of any department 5*[acting on behalf of
the Government] shall, for the purposes of this Act, unless a
contrary intention appears, be deemed to be the trade or business
of such authority or department.
6*[(3) The 7*[State Government], after giving, by notification 8*
in the Official Gazette, not less than three months' notice of its
intention
----------------------------------------------------------------------
1. The word " either by way of manual labour or" rep. by Act 15 of
1933, s. 2.
2. Omitted by Act 22 of 1984, s. 2 (w.e.f 1-7-1984).
3. Subs. by the A. O. 1950, for "His Majesty's naval, military or
air forces".
4. The words "or of the Royal Indian Marine Service" rep. by the
A. O. 1937.
5. Subs., ibid., for "of the Government".
6. Subs. by Act 15 of 1933, s. 2, for the original sub-section.
7. Subs. by the A. O. 1937, for "G. G. in C".
8. For such a notification, see Gazette of India, 1935. Pt. I.
p. 745.
17
so to do, may, by a like notification, add to Schedule II any class of
persons employed in any occupation which it is satisfied is a
hazardous occupation, and the provisions of this Act shall thereupon
apply 1*[within the State] to such classes of persons:
Provided that in making such addition the 2*[State Government]
may direct that the provisions of this Act shall apply to such classes
of persons in respect of specified injuries only.]
CHAP
WORKMEN'S COMPENSATION
CHAPTER II
WORKMEN'S COMPENSATION
3.
Employer's liability for compensation.
3. Employer's liability for compensation.- (1) If personal injury
is caused to a workman by accident arising out of and in the course of
his employment, his employer shall be liable to pay compensation in
accordance with the provisions of this Chapter:
Provided that the employer shall not be so liable--
(a) in respect of any injury which does not result in the
total or partial disablement of the workman for a
period exceeding 3*[three] days;
(b) in respect of any 4*[injury, not resulting in death,
caused by] an accident which is directly attributable
to--
(i) the workman having been at the time thereof
under the influence of drink or drugs, or
(ii) the wilful disobedience of the workman to an
order expressly given, or to a rule expressly framed,
for the purpose of securing the safety of workmen, or
(iii) the wilful removal or disregard by the
workman of any safety guard or other device which he
knew to have been provided for the purpose of securing
the safety of workmen. 5***
5* * * * *
6*[(2) If a workman employed in any employment specified in Part
A of Schedule III contracts any disease specified therein as an
occupational disease peculiar to that employment, or if a workman,
whilst in the service of an employer in whose service he has been
----------------------------------------------------------------------
1. Ins. by the A. O. 1937.
2. Subs., ibid., for "G. G. in C.".
3. Subs. by Act 8 of 1959, s. 3, for "seven" (w.e.f. 1-6-1959).
4. Subs. by Act 15 of 1933, s. 3, for "injury to a workman resulting
from".
5. The word "or" and cl. (c) rep. by Act 5 of 1929, s. 2.
6. Subs. by Act 8 of 1959, s. 3, for sub-sections (2) and (3)
(w.e.f. 1-6-1959).
18
employed for a continuous period of not less than six months (which
period shall not include a period of service under any other employer
in the same kind of employment) in any employment specified in Part B
of Schedule III, contracts any disease specified therein as an
occupational disease peculiar to that employment, or if a workman
whilst in the service of one or more employers in any employment
specified in Part C of Schedule III for such continuous period as the
Central Government may specify in respect of each such employment,
contracts any disease specified therein as an occupational disease
peculiar to that employment, the contracting of the disease shall be
deemed to be an injury by accident within the meaning of this section
and, unless the contrary is proved, the accident shall be deemed to
have arisen out of, and in the course of, the employment:
1*[Provided that if it is proved,--
(a) that a workman whilst in the service of one or more
employers in any employment specified in Part C of
Schedule III has contracted a disease specified therein
as an occupational disease peculiar to that employment
during a continuous period which is less than the
period specified under this sub-section for that
employment, and
(b) that the disease has arisen out of and in the course of
the employment;
the contracting of such disease shall be deemed to be an injury by
accident within the meaning of this section:
Provided further that if it is proved that a workman who having
served under any employer in any employment specified in Part B of
Schedule III or who having served under one or more employers in any
employment specified in Part C of that Schedule, for a continuous
period specified under this sub-section for that employment and he has
after the cessation of such service contracted any disease specified
in the said Part B or the said Part C, as the case may be, as an
occupational disease peculiar to the employment and that such disease
arose out of the employment, the contracting of the disease shall be
deemed to be an injury by accident within the meaning of this
section.]
3*[(2A) If a workman employed in any employment specified in Part
C of Schedule III contracts any occupational disease peculiar to that
employment, the contracting whereof is deemed to be an injury by
accident within the meaning of this section, and such employment
----------------------------------------------------------------------
1. Ins. by Act 64 of 1962, s. 3 (w.e.f. 1-2-1963).
2. Subs. by s. 3, ibid., for sub-section (2A) (w.e.f. 1-2-1963).
19
was under more than one employer, all such employers shall be liable
for the payment of the compensation in such proportion as the
Commissioner may, in the circumstances, deem just.]
(3) The State Government in the case of employments specified in
Part A and Part B of Schedule III, and the Central Government in the
case of employments specified in Part C of that Schedule, after
giving, by notification in the Official Gazette, not less than three
months' notice of its intention so to do, may, by a like notification,
add any description of employment to the employments specified in
Schedule III, and shall specify in the case of employments so added
the diseases which shall be deemed for the purposes of this section to
be occupational diseases peculiar to those employments respectively,
and thereupon the provisions of sub-section (2) shall apply 1*** as if
such diseases had been declared by this Act to be occupational
diseases peculiar to those employments.]
(4) Save as provided by 2*[sub-sections (2), (2A)] and (3), no
compensation shall be payable to a workman in respect of any disease
unless the disease is 3*** directly attributable to a specific injury
by accident arising out of and in the course of his employment.
(5) Nothing herein contained shall be deemed to confer any right
to compensation on a workman in respect of any injury if he has
instituted in a Civil Court a suit for damages in respect of the
injury against the employer or any other person; and no suit for
damages shall be maintainable by a workman in any Court of law in
respect of any injury--
(a) if he has instituted a claim to compensation in respect
of the injury before a Commissioner; or
(b) if an agreement has been come to between the workman and
his employer providing for the payment of compensation
in respect of the injury in accordance with the
provisions of this Act.
4.
Amount of compensation.
4*[4. Amount of compensation.- (1) Subject to the provisions of
this Act, the amount of compensation shall be as follows, namely:--
(a) where death results an amount equal to forty per
from the injury cent. of the monthly wages
of the deceased workman
multiplied by the relevant
factor;
or
an amount of twenty thousand
rupees,
whichever is more;
(b) Where permanent total an amount equal to fifty per
disablement results from cent. of the monthly wages
the injury of the injured workman
multiplied by the relevant
factor;
or
.0 an amount of twenty-four
thousand rupees,
whichever is more;
Explanation I.--For the purposes of clause (a) and clause (b),
"relevant factor", in relation to a workman means the factor specified
in the second column of Schedule IV against the entry in the first
column of that Schedule specifying the number of years which are the
same as the completed years of the age of the workman on his last
birthday immediately preceding the date on which the compensation fell
due;
Explanation II.--Where the monthly wages of a workman exceed one
thousand rupees, his monthly wages for the purposes of clause (a) and
clause (b) shall be deemed to be one thousand rupees only,
(c) Where parmanent partial (i) in the case of an injury
disablement results from specified in Part II of Schedule
the injury I, such percentage of the
compensation which would have
been payable in the case of
permanent total disablement as
is specified therein as being
the percentage of the loss of
earning capacity caused by that
injury, and
(ii) in the case of an injury not
pecified in Schedule I, such
percentage of the compensation
payable in the case of permanent
total disablement as is propor-
tionate to the loss of earning
capacity (as assessed by the
qualified medical practitioner)
permanently caused by the inj-
ury;
Explanation I.--Where more injuries than one are caused by the
same accident, the amount of compensation payable under this head
shall be aggregated but not so in any case as to exceed the amount
which would have been payable if permanent total disablement had
resulted from the injuries;
Explanation II.--In assessing the loss of earning capacity for
the purposes of sub-clause (ii), the qualified medical practitioner
shall have due regard to the percentages of loss of earning capacity
in relation to different injuries specified in Schedule I;
(d) Where temporary disable- a half-monthly payment of the
ment, whether total or sum equivalent to twenty-five
partial result from the per cent. of monthly wages of
injury the workman, to be paid in accor-
dance with the provisions of sub-
section 2.
(2) The half-monthly payment referred to in clause (d) of sub-
section (1) shall be payable on the sixteenth day--
(i) from the date of disablement where such disablement
lasts for a period of twenty-eight days or more, or
(ii) after the expiry of a waiting period of three days from
the date of disablement where such disablement lasts for a period
of less than twenty-eight days; and thereafter half-monthly
during the disablement or during a period of five years,
whichever period is shorter:
Provided that--
(a) there shall be deducted from any lump sum or half-
monthly payments to which the workman is entitled the amount of
any payment or allowance which the workman has received from the
employer by way of compensation during the period of disablement
prior to the receipt of such lump sum or of the first half-
monthly payment, as the case may be; and
(b) no half-monthly payment shall in any case exceed the
amount, if any, by which half the amount of the monthly wages of
the workman before the accident exceeds half the amount of such
wages which he is earning after the accident.
Explanation.--Any payment or allowance which the workman has
received from the employer towards his medical treatment shall not be
deemed to be a payment or allowance received by him by way of
compensation within the meaning of clause (a) of the proviso.
(3) On the ceasing of the disablement before the date on which
any half-monthly payment falls due, there shall be payable in respect
of that half-month a sum proportionate to the duration of the
disablement in that half-month.]
----------------------------------------------------------------------
1. Certain words omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-
9-1971).
2. Subs. by Act 8 of 1959, s. 3, for "sub-sections (2)" (w.e.f. 1-6-
1959).
3. The words "solely and" rep. by Act 15 of 1933, s. 3.
4. Subs. by Act 22 of 1984, s. 3 (w.e.f. 1-7-1984).
21
4A.
Compensation to be paid when due and penalty for default.
1*[4A. Compensation to be paid when due and penalty for default.-
(1) Compensation under section 4 shall be paid as soon as it falls
due.
(2) In cases where the employer does not accept the liability for
compensation to the extent claimed, he shall be bound to make
provisional payment based on the extent of liability which he accepts,
and, such payment shall be deposited with the Commissioner or made to
the workman, as the case may be, without prejudice to the right of the
workman to make any further claim.
(3) Where any employer is in default in paying the compensation
due under this Act within one month from the date it fell due, the
Commissioner may direct that, in addition to the amount of the
arrears, simple interest at the rate of six per cent. per annum on the
amount due together with, if in the opinion of the Commissioner there
is no justification for the delay, a further sum not exceeding fifty
per cent. of such amount, shall be recovered from the employer by way
of penalty.]
5.
Method of calculating wages.
2*5. Method of calculating wages.- 3*[In this Act and for the
purposes thereof the expression "monthly wages" means the amount of
wages deemed to be payable for a month's service (whether the wages
are payable by the month or by whatever other period or at piece
rates), and calculated] as follows, namely:--
(a) where the workman has, during a continuous period of not
less than twelve months immediately preceding the
accident, been in the service of the employer who is
liable to pay compensation, the monthly wages of the
workman shall be one-twelfth of the total wages which
have fallen due for payment to him by the employer in
the last twelve months of that period;
4*[(b) where the whole of the continuous period of service
immediately preceding the accident during which the
workman was in the service of the employer who is
liable to pay the compensation was less than one month,
the monthly wages of the workman shall be 5*** the
average monthly amount which, during the twelve
----------------------------------------------------------------------
1. Ins. by Act 8 of 1959, s. 5 (w.e.f. 1-6-1959).
2. The original s. 5 renumbered as sub-section (1) of that section
by Act 5 of 1929, s. 3. The brackets and figure "(1)" rep. by Act
9 of 1938, s. 4.
3. Subs. by Act 13 of 1939, s. 2 (w.e.f. 30-6-1934), for "For the
purposes of this Act the monthly wages of a workman shall
be calaucated" the words in italics subs. by Act 15 of 1933, s.
5, for "section 4".
4. Ins. by Act 15 of 1933, s. 5.
5. The words "deemed to be" rep. by Act 13 of 1939, s. 2 (w.e.f. 30-
6-1934).
22
months immediately preceding the accident, was being
earned by a workman employed on the same work by the
same employer, or, if there was no workman so employed,
by a workman employed on similar work in the same
locality];
1*[(c)] 2*[in other cases [including cases in which it is
not possible for want of necessary information to
calculate the monthly wages under clause (b)]], the
monthly wages shall be thirty times the total wages
earned in respect of the last continuous period of
service immediately preceding the accident from the
employer who is liable to pay compensation, divided by
the number of days comprising such period.
3* * * * *
Explanation.--A period of service shall, for the purposes of
4*[this 5*[section]] be deemed to be continuous which has not been
interrupted by a period of absence from work exceeding fourteen days.
6* * * * *
6.
Review.
6. Review.- (1) Any half-monthly payment payable under this Act,
either under an agreement between the parties or under the order of a
Commissioner, may be reviewed by the Commissioner, on the application
either of the employer or of the workman accompanied by the
certificate of a qualified medical practitioner that there has been a
change in the condition of the workman or, subject to rules made under
this Act, on application made without such certificate.
(2) Any half-monthly payment may, on review under this section,
subject to the provisions of this Act, be continued, increased,
decreased or ended, or if the accident is found to have resulted in
permanent disablement, be converted to the lump sum to which the
workman is entitled less any amount which he has already received by
way of half-monthly payments.
7.
Commutation of half-monthly payments.
7. Commutation of half-monthly payments.- Any right to receive
half-monthly payments may, by agreement between the parties or, if the
parties cannot agree and the payments have been continued for not less
than six months, on the application of either party to the
Commissioner be redeemed by the
----------------------------------------------------------------------
1. The original cl. (b) relettered (c) by Act 15 of 1933, s. 5.
2. Subs. by Act 8 of 1959, s. 6, for "in other cases" (w.e.f. 1-6-
1959).
3. The proviso rep. by Act 15 of 1933, s. 5.
4. Subs. by Act 5 of 1929, s. 3 for "this section".
5. Subs. by Act 9 of 1938, s. 4, for "sub-section".
6. Sub-section (2) ins. by Act 5 of 1929, s. 3, rep. by Act 15 of
1933, s. 5.
23
payment of a lump sum of such amount as may be agreed to by the
parties or determined by the Commissioner, as the case may be.
8.
Distribution of compensation.
8. Distribution of compensation.- 1*[(1) No payment of
compensation in respect of a workman whose injury has resulted in
death, and no payment of a lump sum as compensation to a woman or a
person under a legal disability, shall be made otherwise than by
deposit with the Commissioner, and no such payment made directly by an
employer shall be deemed to be a payment of compensation:
2*[Provided that, in the case of a deceased workman, an employer
may make to any dependant advances on account of compensation not
exceeding an aggregate of one hundred rupees, and so much of such
aggregate as does not exceed the compensation payable to that
dependant shall be deducted by the Commissioner from such compensation
and repaid to the employer.]
(2) Any other sum amounting to not less than ten rupees which is
payable as compensation may be deposited with the Commissioner on
behalf of the person entitled thereto.
(3) The receipt of the Commissioner shall be a sufficient
discharge in respect of any compensation deposited with him.]
(4) On the deposit of any money under sub-section (1) 3*[as
compensation in respect of a deceased workman] the Commissioner
4*[shall deduct] therefrom the actual cost of the workman's funeral
expenses, to an amount not exceeding 5*[fifty rupees] and pay the same
to the person by whom such expenses were incurred, and shall, if he
thinks necessary, cause notice to be published or to be served on each
dependant in such manner as he thinks fit, calling upon the dependants
to appear before him on such date as he may fix for determining the
distribution of the compensation. If the Commissioner is satisfied
after any inquiry which he may deem necessary, that no dependant
exists, he shall repay the balance of the money to the employer by
whom it was paid. The Commissioner shall, on application by the
employer, furnish a statement showing in detail all disbursements
made.
6*[(5) Compensation deposited in respect of a deceased workman
shall, subject to any deduction made under sub-section (4), be
----------------------------------------------------------------------
1. Subs. by Act 5 of 1929, s. 4, for original sub-sections (1) to
(3).
2. Subs. by Act 15 of 1933, s. 6, for the original proviso.
3. Ins. by Act 5 of 1929, s. 4.
4. Subs. by Act 15 of 1933, s. 6, for "may deduct".
5. Subs. by Act 8 of 1959, s. 7, for "twenty-five rupees" (w.e.f. 1-
6-1959).
6. Sub-sections (5) to (7) subs. by Act 5 of 1929, s. 4, for the
original sub-section (5).
24
apportioned among the dependants of the deceased workman or any of
them in such proportion as the Commissioner thinks fit, or may, in the
discretion of the Commissioner, be allotted to any one dependant.
(6) Where any compensation deposited with the Commissioner is
payable to any person, the Commissioner shall, if the person to whom
the compensation is payable is not a woman or a person under a legal
disability, and may, in other cases, pay the money to the person
entitled thereto.
(7) Where any lump sum deposited with the Commissioner is payable
to a woman or a person under a legal disability, such sum may be
invested, applied or otherwise dealt with for the benefit of the
woman, or of such person during his disability, in such manner as the
Commissioner may direct; and where a half-monthly payment is payable
to any person under a legal disability, the Commissioner may, of his
own motion or on an application made to him in this behalf, order that
the payment be made during the disability to any dependant of the
workman or to any other person, whom the Commissioner thinks best
fitted to provide for the welfare of the workman.]
1*[(8)] Where, on application made to him in this behalf or
otherwise, the Commissioner is satisfied that, on account of neglect
of children on the part of a parent or on account of the variation of
the circumstances of any dependant or for any other sufficient cause,
an order of the Commissioner as to the distribution of any sum paid as
compensation or as to the manner in which any sum payable to any such
dependant is to be invested, applied or otherwise dealt with, ought to
be varied, the Commissioner may make such orders for the variation of
the former order as he thinks just in the circumstances of the case:
Provided that no such order prejudicial to any person shall be
made unless such person has been given an opportunity of showing cause
why the order should not be made, or shall be made in any case in
which it would involve the repayment by a dependant of any sum already
paid to him.
2*[(9) Where the Commissioner varies any order under sub-section
(8) by reason of the fact that payment of compensation to any person
has been obtained by fraud, impersonation or other improper means, any
amount so paid to or on behalf of such person may be recovered in the
manner hereinafter provided in section 31.]
----------------------------------------------------------------------
1. The original sub-section (6) renumbered (8) by Act 5 of 1929,
s. 4.
2. Ins. by s. 4, ibid.
25
9.
Compensation not to be assigned, attached or charged.
9. Compensation not to be assigned, attached or charged.- Save as
provided by this Act, no lump sum or half-monthly payment payable
under this Act shall in any way be capable of being assigned or
charged or be liable to attachment or pass to any person other than
the workman by operation of law, nor shall any claim be set off
against the same.
10.
Notice and claim.
10. Notice and claim.- (1) 1*[No claim for compensation shall be
entertained by a Commissioner unless notice of the accident has been
given in the manner hereinafter provided as soon as practicable after
the happening thereof and unless the claim is preferred before him
within 2*[two years] of the occurrence of the accident or, in case of
death, within 2*[two years] from the date of death:]
Provided that, where the accident is the contracting of a disease
in respect of which the provisions of sub-section (2) of section 3 are
applicable, the accident shall be deemed to have occurred on the first
of the days during which the workman was continuously absent from work
in consequence of the disablement caused by the disease:
3*[Provided further that in case of partial disablement due to
the contracting of any such disease and which does not force the
workman to absent himself from work, the period of two years shall be
counted from the day the workman gives notice of the disablement to
his employer:
Provided further that if a workman who, having been employed in
an employment for a continuous period, specified under sub-section (2)
of section 3 in respect of that employment, ceases to be so employed
and develops symptoms of an occupational disease peculiar to that
employment within two years of the cessation of employment, the
accident shall be deemed to have occurred on the day on which the
symptoms were first detected:]
4*[Provided further that the want of or any defect or
irregularity in a notice shall not be a bar to the 5*[entertainment of
a claim]--
(a) if the claim is 6*[preferred] in respect of the death of
a workman resulting from an accident which occurred on
the premises of the employer, or at any place where the
workman at the time of the accident was working under
----------------------------------------------------------------------
1. Subs. by Act 9 of 1938, s. 5, for the original words.
2. Subs. by Act 8 of 1959, s. 8, for "one year" (w.e.f. 1-6-1959).
3. Ins. by Act 64 of 1962, s. 5 (w.e.f. 1-2-1963).
4. Ins. by Act 15 of 1933, s. 7.
5. Subs. by Act 9 of 1938, s. 5, for "maintenance of proceedings".
6. Subs. by s. 5, ibid., for "made".
26
the control of the employer or of any person employed
by him, and the workman died on such premises or at
such place, or on any premises belonging to the
employer, or died without having left the vicinity of
the premises or place where the accident occurred, or
(b) if the employer 1*[or any one of several employers or
any person responsible to the employer for the
management of any branch of the trade or business in
which the injured workman was employed] had knowledge
of the accident from any other source at or about the
time when it occurred:
Provided further, that the Commissioner may 2*[entertain] and
decide any claim to compensation in any case notwithstanding that the
notice has not been given, or the claim has not been 3*[preferred], in
due time as provided in this sub-section, if he is satisfied that the
failure so to give the notice or 4*[prefer] the claim, as the case may
be, was due to sufficient cause.
(2) Every such notice shall give the name and address of the
person injured and shall state in ordinary language the cause of the
injury and the date on which the accident happened, and shall be
served on the employer or upon 5*[any one of] several employers, or
upon any person 6*** responsible to the employer for the management
of any branch of the trade or business in which the injured workman
was employed.
7*[(3) The State Government may require that any prescribed class
of employers shall maintain at their premises at which workmen are
employed a notice-book, in the prescribed form, which shall be readily
accessible at all reasonable times to any injured workman employed on
the premises and to any person acting bona fide on his behalf.
(4) A notice under this section may be served by delivering it
at, or sending it by registered post addressed to, the residence or
any office or place of business of the person on whom it is to be
served, or, where a notice-book is maintained, by entry in the notice-
book.]
----------------------------------------------------------------------
1. Ins. by Act 9 of 1938, s. 5.
2. Subs. by s 5, ibid., for "admit".
3. Subs. by s. 5, ibid., for "instituted".
4. Subs. by s. 5, ibid., for "institute".
5. Subs. by Act 7 of 1924, s. 2 and Sch. I, for "any one or".
6. The word "directly" rep. by Act 9 of 1938, s. 5.
7. Subs. by Act 15 of 1933, s. 7, for the original sub-section (3).
26A
10A.
Power to require from employers statements regarding fatal accidents.
1*[10A. Power to require from employers statements regarding
fatal accidents.- (1) Where a Commissioner receives information from
any source that a workman has died as a result of an accident arising
out of and in the course of his employment, he may send by registered
post a notice to the workman's employer requiring him to submit,
within thirty days of the service of the notice, a statement, in the
prescribed form, giving the circumstances attending the death of the
workman, and indicating whether, in the opinion of the employer, he is
or is not liable to deposit compensation on account of the death.
(2) If the employer is of opinion that he is liable to deposit
compensation, he shall make the deposit within thirty days of the
service of the notice.
----------------------------------------------------------------------
1. Ss. 10A and 10B ins. by Act 15 of 1933, s. 8.
27
(3) If the employer is of opinion that he is not liable to
deposit compensation, he shall in his statement indicate the grounds
on which he disclaims liability.
(4) Where the employer has so disclaimed liability, the
Commissioner, after such enquiry as he may think fit, may inform any
of the dependants of the deceased workman, that it is open to the
dependants to prefer a claim for compensation, and may give them such
other further information as he may think fit.
10B.
Reports of fatal accidents and serious bodily injuries.
10B. Reports of fatal accidents and serious bodily injuries.- (1)
Where, by any law for the time being in force, notice is required to
be given to any authority, by or on behalf of an employer, of any
accident occurring on his premises which results in death 1*[or
serious bodily injury], the person required to give the notice shall,
within seven days of the death 1*[or serious bodily injury], send a
report to the Commissioner giving the circumstances attending the
death 1*[or serious bodily injury]:
Provided that where the State Government has so prescribed the
person required to give the notice may instead of sending such report
to the Commissioner send it to the authority to whom he is required to
give the notice.
1*[Explanation.--"Serious bodily injury" means an injury which
involves, or in all probability will involve the permanent loss of the
use of, or permanent injury to, any limb, or the permanent loss of or
injury to the sight or hearing, or the fracture of any limb, or the
enforced absence of the injured person from work for a period
exceeding twenty days.]
(2) The State Government may, by notification in the Official
Gazette, extend the provisions of sub-section (1) to any class of
premises other than those coming within the scope of that sub-section,
and may, by such notification, specify the persons who shall send the
report to the Commissioner.
1*[(3) Nothing in this section shall apply to factories to which
the Employees' State Insurance Act, 1948, (34 of 1948.) applies.]]
11.
Medical examination.
11. Medical examination.- (1) Where a workman has given notice of
an accident, he shall, if the employer, before the expiry of three
days from the time at which service of the notice has been effected,
offers to have him examined free of charge by a qualified medical
practitioner, submit himself for such examination, and any workman who
is in receipt of a half-monthly payment under this Act shall, if so
required, submit himself for such examination from time to time:
----------------------------------------------------------------------
1. Ins. by Act 8 of 1959, s. 9 (w.e.f. 1-6-1959).
28
Provided that a workman shall not be required to submit himself
for examination by a medical practitioner otherwise than in accordance
with rules made under this Act, or at more frequent intervals than may
be prescribed.
(2) If a workman, on being required to do so by the employer
under sub-section (1) or by the Commissioner at any time, refuses to
submit himself for examination by a qualified medical practitioner or
in any way obstructs the same, his right to compensation shall be
suspended during the continuance of such refusal or obstruction
unless, in the case of refusal, he was prevented by any sufficient
cause from so submitting himself.
(3) If a workman, before the expiry of the period within which he
is liable under sub-section (1) to be required to submit himself for
medical examination, voluntarily leaves without having been so
examined the vicinity of the place in which he was employed, his right
to compensation shall be suspended until he returns and offers himself
for such examination.
(4) Where a workman, whose right to compensation has been
suspended under sub-section (2) or sub-section (3), dies without
having submitted himself for medical examination as required by either
of those sub-sections, the Commissioner may, if he thinks fit, direct
the payment of compensation to the dependants of the deceased workman.
(5) Where under sub-section (2) or sub-section (3) a right to
compensation is suspended, no compensation shall be payable in respect
of the period of suspension, and, if the period of suspension
commences before the expiry of the waiting period referred to in
clause (d) of sub-section (1) of section 4, the waiting period shall
be increased by the period during which the suspension continues.
(6) Where an injured workman has refused to be attended by a
qualified medical practitioner whose services have been offered to him
by the employer free of charge or having accepted such offer has
deliberately disregarded the instructions of such medical
practitioner, then, 1*[if it is proved that the workman has not
thereafter been regularly attended by a qualified medical practitioner
or having been so attended has deliberately failed to follow his
instructions and that such refusal, disregard or failure was
unreasonable] in the circumstances of the case and that the injury has
been aggravated thereby, the injury and resulting disablement shall be
deemed to be of the same nature and duration as they might reasonably
have
----------------------------------------------------------------------
1. Subs. by Act 9 of 1938, s. 6, for the original words.
29
been expected to be if the workman had been regularly attended by a
qualified medical practitioner 1*[whose instructions he had followed],
and compensation, if any, shall be payable accordingly.
12.
Contracting.
12. Contracting.- (1) Where any person (hereinafter in this
section referred to as the principal) in the course of or for the
purposes of his trade or business contracts with any other person
(hereinafter in this section referred to as the contractor) for the
execution by or under the contractor of the whole or any part of any
work which is ordinarily part of the trade or business of the
principal, the principal shall be liable to pay to any workman
employed in the execution of the work any compensation which he would
have been liable to pay if that workman had been immediately employed
by him; and where compensation is claimed from the principal, this Act
shall apply as if references to the principal were substituted for
references to the employer except that the amount of compensation
shall be calculated with reference to the wages of the workman under
the employer by whom he is immediately employed.
(2) Where the principal is liable to pay compensation under this
section, he shall be entitled to be indemnified by the contractor,
2*[or any other person from whom the workman could have recovered
compensation and where a contractor who is himself a principal is
liable to pay compensation or to indemnify a principal under this
section he shall be entitled to be indemnified by any person standing
to him in the relation of a contractor from whom the workman could
have recovered compensation,] and all questions as to the right to and
the amount of any such indemnity shall, in default of agreement, be
settled by the Commissioner.
(3) Nothing in this section shall be construed as preventing a
workman from recovering compensation from the contractor instead of
the principal.
(4) This section shall not apply in any case where the accident
occurred elsewhere than on, in or about the premises on which the
principal has undertaken or usually undertakes, as the case may be, to
execute the work or which are otherwise under his control or
management.
13.
Remedies of employer against stranger.
13. Remedies of employer against stranger.- Where a workman has
recovered compensation in respect of any injury caused under
circumstances creating a legal liability of some person other than the
person by whom the compensation was
----------------------------------------------------------------------
1. Ins. by Act 9 of 1938, s. 6.
2. Ins. by Act 15 of 1933, s. 9.
30
paid to pay damages in respect thereof, the person by whom the
compensation was paid and any person who has been called on to pay an
indemnity under section 12 shall be entitled to be indemnified by the
person so liable to pay damages as aforesaid.
14.
Insolvency of employer.
14. Insolvency of employer.- (1) Where any employer has entered
into a contract with any insurers in respect of any liability under
this Act to any workman, then in the event of the employer becoming
insolvent or making a composition or scheme of arrangement with his
creditors or, if the employer is a company, in the event of the
company having commenced to be wound up, the rights of the employer
against the insurers as respects that liability shall, notwithstanding
anything in any law for the time being in force relating to insolvency
or the winding up of companies, be transferred to and vest in the
workman, and upon any such transfer the insurers shall have the same
rights and remedies and be subject to the same liabilities as if they
were the employer, so, however, that the insurers shall not be under
any greater liability to the workman than they would have been under
to the employer.
(2) If the liability of the insurers to the workman is less than
the liability of the employer to the workman, the workman may prove
for the balance in the insolvency proceedings or liquidation.
(3) Where in any case such as is referred to in sub-section (1)
the contract of the employer with the insurers is void or voidable by
reason of non-compliance on the part of the employer with any terms or
conditions of the contract (other than a stipulation for the payment
of premia), the provisions of that sub-section shall apply as if the
contract were not void or voidable, and the insurers shall be entitled
to prove in the insolvency proceedings or liquidation for the amount
paid to the workman:
Provided that the provisions of this sub-section shall not apply
in any case in which the workman fails to give notice to the insurers
of the happening of the accident and of any resulting disablement as
soon as practicable after he becomes aware of the institution of the
insolvency or liquidation proceedings.
(4) There shall be deemed to be included among the debts which
under section 49 of the Presidency-towns Insolvency Act, 1909 (3 of
1909), or under section 61 of the Provincial Insolvency Act, 1920 (5
of 1920), or under section 230 of the 1*Indian Companies Act, 1913 (7
of 1913), are in the distribution of the property of an insolvent or
in the distribution of the assets
----------------------------------------------------------------------
1. See now the Companies Act, 1956 (1 of 1956).
31
of a company being wound up to be paid in priority to all other debts,
the amount due in respect of any compensation the liability where for
accrued before the date of the order of adjudication of the insolvent
or the date of the commencement of the winding up, as the case may be,
and those Acts shall have effect accordingly.
(5) Where the compensation is a half-monthly payment, the amount
due in respect thereof shall, for the purposes of this section, be
taken to be the amount of the lump sum for which the half-monthly
payment could, if redeemable, be redeemed if application were made for
that purpose under section 7, and a certificate of the Commissioner as
to the amount of such sum shall be conclusive proof thereof.
(6) The provisions of sub-section (4) shall apply in the case of
any amount for which an insurer is entitled to prove under sub-section
(3), but otherwise those provisions shall not apply where the
insolvent or the company being wound up has entered into such a
contract with insurers as is referred to in sub-section (1).
(7) This section shall not apply where a company is wound up
voluntarily merely for the purposes of reconstruction or of
amalgamation with another company.
14A.
Compensation to be first charge on assets transferred by employer.
1*[14A. Compensation to be first charge on assets transferred by
employer.-Where an employer transfers his assets before any amount due
in respect of any compensation, the liability wherefor accrued before
the date of the transfer, has been paid, such amount shall,
notwithstanding anything contained in any other law for the time being
in force, be a first charge on that part of the assets so transferred
as consists of immovable property.]
15.
Special provisions relating to masters and seamen.
15. Special provisions relating to masters and seamen.- This Act
shall apply in the case of workmen who are masters of 2*** ships
or seamen subject to the following modifications, namely:--
(1) The notice of the accident and the claim for compensation
may, except where the person injured is the master of the ship, be
served on the master of the ship as if he were the employer, but where
the accident happened and the disablement commenced on board the ship
it shall not be necessary for any seaman to give any notice of the
accident.
(2) In the case of the death of a master or seaman, the claim for
compensation shall be made within 3*[one year] after the news of
----------------------------------------------------------------------
1. Ins. by Act 8 of 1959, s. 10 (w.e.f. 1-6-1959).
2. The word "registered" rep. by Act 15 of 1933, s. 10.
3. Subs. by Act 8 of 1959, s. 11, for "six months" (w.e.f. 1-6-
1959).
32
the death has been received by the claimant or, where the ship has
been or is deemed to have been lost with all hands, within eighteen
months of the date on which the ship was, or is deemed to have been,
so lost:
1*[Provided that the Commissioner may entertain any claim to
compensation in any case notwithstanding that the claim has not been
preferred in due time as provided in this sub-section, if he is
satisfied that the failure so to prefer the claim was due to
sufficient cause.]
(3) Where an injured master or seaman is discharged or left
behind in any part of 2*[India or] 3*[in any foreign country] any
depositions taken by any Judge or Magistrate in that part or by any
Consular Officer in the foreign country and transmitted by the person
by whom they are taken to the Central Government or any State
Government shall, in any proceedings for enforcing the claim, be
admissible in evidence--
(a) if the deposition is authenticated by the signature of
the Judge, Magistrate or Consular Officer before whom
it is made;
(b) if the defendant or the person accused, as the case may
be, had an opportunity by himself or his agent to
crossexamine the witness; and
(c) if the deposition was made in the course of a criminal
proceeding, on proof that the deposition was made in
the presence of the person accused;
and it shall not be necessary in any case to prove the signature or
official character of the person appearing to have signed any such
deposition and a certificate by such person that the defendant or the
person accused had an opportunity of cross-examining the witness and
that the deposition if made in a criminal proceeding was made in the
presence of the person accused shall, unless the contrary is proved,
be sufficient evidence that he had that opportunity and that it was so
made.
4* * * * *
4*[(4) No 5*[half-monthly payment] shall be payable in respect of
the period during which the owner of the ship is, under any law
----------------------------------------------------------------------
1. Added by Act 8 of 1959, s. 11 (w.e.f. 1-6-1959).
2. Ins. by the A. O. 1950.
3. Subs. by Act 22 of 1984, s. 4. (w.e.f. 1-7-1984)
4. The original cl. (4) rep., and the original cl. (5) renumbered
(4) by Act 9 of 1938, s. 7.
5. Subs. by Act 7 of 1924, s. 2 and Sch. I, for "monthly payment".
33
in force for the time being 1*** relating to merchant shipping, liable
to defray the expenses of maintenance of the injured master or seaman.
2*[(5) No compensation shall be payable under this Act in respect
of any injury in respect of which provision is made for payment of a
gratuity, allowance or pension under the War Pensions and Detention
Allowances (Mercantile Marine, etc.) Scheme, 1939, or the War Pensions
and Detention Allowances (Indian Seamen, etc.) Scheme, 1941, made
under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act,
1939 ( 2 and 3 Geo. 6, c. 83), or under the War Pensions and Detention
Allowances (Indian Seamen) Scheme 1942, made by the Central
Government.
(6) Failure to give a notice or make a claim or commence
proceedings within the time required by this Act shall not be a bar to
the maintenance of proceedings under this Act in respect of any
personal injury, if--
(a) an application has been made for payment in respect of
that injury under any of the schemes referred to in the
preceding clause, and
(b) the State Government certifies that the said application
was made in the reasonable belief that the injury was
one in respect of which the scheme under which the
application was made makes provision for payments, and
that the application was rejected or that payments made
in pursuance of the application were discontinued on
the ground that the injury was not such an injury, and
(c) the proceedings under this Act are commenced within one
month from the date on which the said certificate of
the State Government was furnished to the person
commencing the proceedings.]
16.
Returns as to compensation.
16. Returns as to compensation.- The 3*[State Government] may, by
notification in the Official Gazette, direct that every person
employing workmen, or that any specified class of such persons, shall
send at such time and in such form and to such authority, as may be
specified in the notification, a correct return specifying the number
of injuries in respect of which
----------------------------------------------------------------------
1. The words "in Part A States and Part C States" omitted by Act 3
of 1951, s. 3, and Sch.
2. Subs. by Act 1 of 1942, s. 2 (w.e.f. 3-9-1939), for the former
cl. which had been ins. by Act 42 of 1939, s. 2 with effect from
the same date.
3. Subs. by the A. O. 1937 for "G. G. in C.".
34
compensation has been paid by the employer during the previous year
and the amount of such compensation together with such other
particulars as to the compensation as the 1*[State Government] may
direct.
17.
Contracting out.
17. Contracting out.- Any contract or agreement whether made
before or after the commencement of this Act, whereby a workman
relinquishes any right of compensation from the employer for personal
injury arising out of or in the course of the employment, shall be
null and void in so far as it purports to remove or reduce the
liability of any person to pay compensation under this Act.
18.
[Repealed.]
18. [Proof of age.]- Rep. by the Workmen's Compensation
(Amendment) Act, 1959 (8 of 1959), s. 12 (w.e.f. 1-6-1959).
18A.
Penalties.
2*[18A. Penalties.- (1) Whoever--
(a) fails to maintain a notice-book which he is required to
maintain under sub-section (3) of section 10, or
(b) fails to send to the Commissioner a statement which he
is required to send under sub-section (1) of section
10A, or
(c) fails to send a report which he is required to send
under section 10B, or
(d) fails to make a return which he is required to make
under section 16,
shall be punishable with fine which may extend to 3*[five hundred]
rupees.
(2) No prosecution under this section shall be instituted except
by or with the previous sanction of a Commissioner, and no Court shall
take cognizance of any offence under this section, unless complaint
thereof is made 4*[within six months of the date on which the alleged
commission of the offence came to the knowledge of the Commissioner].]
CHAP
COMMISSIONERS
CHAPTER III
COMMISSIONERS
19.
Reference to Commissioners.
19. Reference to Commissioners.-(1) If any question arises in any
proceedings under this Act as to the liability of any person to pay
compensation (including any
----------------------------------------------------------------------
1. Subs. by the A. O. 1937 for "G. G. in C.".
2. S. 18A ins. by Act 15 of 1933, s. 11.
3. Subs. by Act 8 of 1959, s. 13, for "one hundred" (w.e.f. 1-6-
1959).
4. Subs. by Act 64 of 1962, s. 6, for certain words (w.e.f. 1-2-
1963).
35
question as to whether a person injured is or is not a workman) or as
to the amount or duration of compensation (including any question as
to the nature or extent of disablement), the question shall, in
default of agreement, be settled by 1*[a Commissioner].
(2) No Civil Court shall have jurisdiction to settle, decide or
deal with any question which is by or under this Act required to be
settled, decided or dealt with by a Commissioner or to enforce any
liability incurred under this Act.
20.
Appointment of Commissioners.
20. Appointment of Commissioners.-(1) The State Government may,
by notification in the Official Gazette, appoint any person to be a
Commissioner for Workmen's Compensation for such 2*** area as may be
specified in the notification.
3*[(2) Where more than one Commissioner has been appointed for
any 2*** area, the State Government may, by general or special order,
regulate the distribution of business between them.]
3*[(3)] Any Commissioner may, for the purpose of deciding any
matter referred to him for decision under this Act, choose one or more
persons possessing special knowledge of any matter relevant to the
matter under inquiry to assist him in holding the inquiry.
3*[(4)] Every Commissioner shall be deemed to be a public servant
within the meaning of the Indian Penal Code (45 of 1860)
21.
Venue of procedings and transfer.
21. Venue of procedings and transfer.- (1) Where any matter is
under this Act to be done by or before a Commissioner, the same shall,
subject to the provisions of this Act and to any rules made hereunder,
be done by or before 4*[a Commissioner] for the 2*** area in which the
accident took place which resulted in the injury:
Provided that, where the workman is the master of a 5*** ship or
a seaman, any such matter may be done by or before 4*[a Commissioner]
for the 2* area in which the owner or agent of the ship resides or
carries on business.
(2) If a Commissioner is satisfied 6*[that any matter arising out
of any proceedings pending before him] can be more conveniently dealt
with by any other Commissioner, whether in the same State
----------------------------------------------------------------------
1. Subs. by Act 15 of 1933, s. 12, for "the Commissioner".
2. The word "local" omitted by Act 64 of 1962, s. 7 (w.e.f. 1-2-
1963).
3. Sub-section (2) ins., and the original sub-sections (2) and (3)
renumbered (3) and (4) by Act 15 of 1933, s. 13.
4. Subs. by s. 14, ibid., for "the Commissioner".
5. The word "registered" omitted by s. 14, ibid.
6. Subs. by Act 9 of 1938, s. 9, for "by any party to any
proceedings under this Act pending before him that such matter".
36
or not, he may subject to rules made under this Act, order such matter
to be transferred to such other Commissioner either for report or for
disposal, and, if he does so, shall forthwith transmit to such other
Commissioner all documents relevant for the decision of such matter
and, where the matter is transferred for disposal, shall also transmit
in the prescribed manner any money remaining in his hands or invested
by him for the benefit of any party to the proceedings:
1*[Provided that the Commissioner shall not, where any party to
the proceedings has appeared before him, make any order of transfer
relating to the distribution among dependants of a lump sum without
giving such party an opportunity of being heard:]
Provided 1*[further] that no matter other than a matter relating
to the actual payment to a workman or the distribution among
dependants of a lump sum shall be transferred for disposal under this
sub-section to a Commissioner in the same State save with the previous
sanction of the State Government or to a Commissioner in another State
save with the previous sanction of 2*[the State Government of that
State], unless all the parties to the proceedings agree to the
transfer.
(3) The commissioner to whom any matter is so transferred shall,
subject to rules made under this Act, inquire thereinto and, if the
matter was transferred for report, return his report thereon or, if
the matter was transferred for disposal, continue the proceedings as
if they had originally commenced before him.
(4) On receipt of a report from a Commissioner to whom any matter
has been transferred for report under sub-section (2), the
Commissioner by whom it was referred shall decide the matter referred
in conformity with such report.
3*[(5) The State Government may transfer any matter from any
Commissioner appointed by it to any other commissioner appointed by
it.]
22.
Form of application.
22. Form of application.-(1) No application for the settlement of
any matter by a Commissioner, 4*[other than an application by a
dependant or dependants for compensation] shall be made unless and
until some question has arisen between the parties in connection
therewith which they have been unable to settle by agreement.
----------------------------------------------------------------------
1. Ins. by Act 9 of 1938, s. 9.
2. Subs. by the A. O. 1937, for "the G. G. in C.".
3. Ins. by Act 15 of 1933, s. 14.
4. Ins. by s. 15, ibid.
37
(2) 1*[An application to a Commissioner] may be made in such form
and shall be accompanied by such fee, if any, as may be prescribed,
and shall contain, in addition to any particulars which may be
prescribed, the following particulars, namely:--
(a) a concise statement of the circumstances in which the
application is made and the relief or order which the
applicant claims;
(b) in the case of a claim for compensation against an
employer, the date of service of notice of the accident
on the employer and, if such notice has not been served
or has not been served in due time, the reason for such
omission;
(c) the names and addresses of the parties; and
(d) 2*[except in the case of an application by dependants
for compensation] a concise statement of the matters on
which agreement has and 3*[of] those on which agreement
has not been come to.
(3) If the applicant is illiterate or for any other reason is
unable to furnish the required information in writing, the application
shall, if the applicant so desires, be prepared under the direction of
the Commissioner.
22A.
Power of Commissioner to require further deposit in cases of fatal
accident.
4*[22A. Power of Commissioner to require further deposit in cases
of fatal accident.-(1) Where any sum has been deposited by an employer
as compensation payable in respect of a workman whose injury has
resulted in death, and in the opinion of the Commissioner such sum is
insufficient, the Commissioner may, by notice in writing stating his
reasons, call upon the employer to show cause why he should not make a
further deposit within such time as may be stated in the notice.
(2) If the employer fails to show cause to the satisfaction of
the Commissioner, the Commissioner may make an award determining the
total amount payable, and requiring the employer to deposit the
deficiency.]
23.
Powers and procedure of Commissioners.
23. Powers and procedure of Commissioners.- The Commissioner shall
have all the powers of a Civil Court under the Code of Civil
Procedure, 1908 (5 of 1908), for the purpose of taking evidence on
oath (which such Commissioner is hereby empowered
----------------------------------------------------------------------
1. Subs. by Act 15 of 1933, s. 15, for "where any such question has
arisen, the application".
2. Ins. by s. 15, ibid.
3. Subs. by Act 37 of 1925, s. 2 and Sch. I, for "on".
4. Ins. by Act 15 of 1933, s. 16.
38
to impose) and of enforcing the attendance of witnesses and compelling
the production of documents and material objects, 1*[and the
Commissioner shall be deemed to be a Civil Court for all the purposes
of section 195 and of Chapter XXXV of the Code of Criminal Procedure,
1898 (5 of 1898)].
24.
Appearance of parties.
2*[24. Appearance of parties.- Any appearance, application or act
required to be made or done by any person before or to a Commissioner
(other than an appearance of a party which is required for the purpose
of his examination as a witness) may be made or done on behalf of such
person by a legal practitioner or by an official of an Insurance
Company or a registered Trade Union or by an Inspector appointed under
sub-section (1) of section 8 of the Factories Act, 1948 (63 of 1948)
or under sub-section (1) of section 5 of the Mines Act, 1952 (35 of
1952), or by any other officer specified by the State Government in
this behalf, authorised in writing by such person, or, with the
permission of the Commissioner, by any other person so authorised.] 3*
25.
Method of recording evidence.
25. Method of recording evidence.- The Commissioner shall make a
brief memorandum of the substance of the evidence of every witness as
the examination of the witness proceeds, and such memorandum shall be
written and signed by the Commissioner with his own hand and shall
form part of the record:
Provided that, if the Commissioner is prevented from making such
memorandum, he shall record the reason of his inability to do so and
shall cause such memorandum to be made in writing from his dictation
and shall sign the same, and such memorandum shall form part of the
record:
Provided further that the evidence of any medical witness shall
be taken down as nearly as may be word for word.
26.
Costs.
26. Costs.- All costs, incidental to any proceedings before a
Commissioner, shall, subject to rules made under this Act, be in the
discretion of the Commissioner.
27.
Power to submit cases.
27. Power to submit cases.- A Commissioner may, if he thinks fit,
submit any question of law for the decision of the High Court and, if
he does so, shall decide the question in conformity with such
decision.
----------------------------------------------------------------------
1. Ins. by Act 5 of 1929, s. 5.
2. Subs. by Act 8 of 1959, s. 14, for the former section (w.e.f. 1-
6-1959).
3. In the application of the Act to Bengal, new ss. 24A and 24B have
been ins here by Ben. Act 6 of 1942, s. 4.
39
28.
Registration of agreements.
28. Registration of agreements.- (1) Where the amount of any lump
sum payable as compensation has been settled by agreement, whether by
way of redemption of a half-monthly payment or otherwise, or where any
compensation has been so settled as being payable 1*[to a woman or a
person under a legal disability] 2*** a memorandum thereof shall be
sent by the employer to the Commissioner, who shall, on being satisf-
ied as to its genuineness, record the memorandum in a register
in the prescribed manner:
Provided that--
(a) no such memorandum shall be recorded before seven days
after communication by the Commissioner of notice to
the parties concerned;
3* * * * *
(c) the Commissioner may at any time rectify the register;
(d) where it appears to the Commissioner that an agreement
as to the payment of a lump sum whether by way of
redemption of a half-monthly payment or otherwise, or
an agreement as to the amount of compensation payable
1*[to a woman or a person under a legal disability]
4*** ought not to be registered by reason of the inade-
quacy of the sum or amount, or by reason of the
agreem agreement having been obtained by fraud or
undue influence or other improper means, he may refuse
to record the memorandum of the agreement 5*[and may
make such order] including an order as to any sum
already paid under the agreement, as he thinks just in
the circumstances.
(2) An agreement for the payment of compensation which has been
registered under sub-section (1) shall be enforceable under this Act
notwithstanding anything contained in the Indian Contract Act, 1872
(9 of 1872), or in any other law for the time being in force.
29.
Effect of failure to register agreement.
29. Effect of failure to register agreement.- Where a memorandum
of any agreement the registration of which is required by section 28,
is not sent to the Commissioner as required by that section, the
employer shall be liable to pay the full amount of compensation which
he is liable to pay under the provisions of this Act, and
notwithstanding anything contained in
----------------------------------------------------------------------
1. Subs. by Act 5 of 1929, s. 6, for certain words.
2. The words "or to a dependant" rep. by Act 7 of 1924, s. 3 and
Sch. II.
3. Cl. (b) rep. by Act 5 of 1929, s. 6.
4. The words "or to any dependant" rep. by Act 7 of 1924, s. 3 and
Sch. II.
5. Subs. by Act 7 of 1924, s. 2 and Sch. I, for "or may make such
order".
40
the proviso to sub-section (1) of section 4, shall not, unless the
Commissioner otherwise directs, be entitled to deduct more than half
of any amount paid to the workmen by way of compensation whether under
the agreement or otherwise.
30.
Appeals.
30. Appeals.- (1) An appeal shall lie to the High Court from the
following orders of a Commissioner, namely:--
(a) an order awarding as compensation a lump sum whether by
way of redemption of a half-monthly payment or
otherwise or disallowing a claim in full or in part for
a lump sum;
1*[(aa) an order awarding interest or penalty under section
4A;]
(b) an order refusing to allow redemption of a half-monthly
payment;
(c) an order providing for the distribution of compensation
among the dependants of a deceased workman, or
disallowing any claim of a person alleging himself to
be such dependant;
(d) an order allowing or disallowing any claim for the
amount of an indemnity under the provisions of sub-
section (2) of section 12; or
(e) an order refusing to register a memorandum of agreement
or registering the same or providing for the
registration of the same subject to conditions:
Provided that no appeal shall lie against any order unless a
substantial question of law is involved in the appeal and, in the case
of an order other than an order such as is referred to in clause (b),
unless the amount in dispute in the appeal is not less than three
hundred rupees:
Provided, further, that no appeal shall lie in any case in which
the parties have agreed to abide by the decision of the Commissioner,
or in which the order of the Commissioner gives effect to an agreement
come to by the parties:
2*[Provided further that no appeal by an employer under clause
(a) shall lie unless the memorandum of appeal is accompanied by a
certificate by the Commissioner to the effect that the appellant has
deposited with him the amount payable under the order appealed
against.]
----------------------------------------------------------------------
1. Ins. by Act 8 of 1959, s. 15 (w.e.f. 1-6-1959).
2. Ins. by Act 15 of 1933, s. 17.
41
(2) The period of limitation for an appeal under this section
shall be sixty days.
(3) The provisions of section 5 of the Indian Limitation Act,
1908 (9 of 1908), shall be applicable to appeals under this section.
30A.
Withholding of certain payments pending decision of appeal.
1*[30A. Withholding of certain payments pending decision of
appeal.-Where an employer makes an appeal under clause (a) of sub-
section (1) of section 30, the Commissioner may, and if so directed by
the High Court shall, pending the decision of the appeal, withhold
payment of any sum in deposit with him.]
31.
Recovery.
31. Recovery.- The Commissioner may recover as an arrear of land-
revenue any amount payable by any person under this Act, whether under
an agreement for the payment of compensation or otherwise, and the
Commissioner shall be deemed to be a public officer within the meaning
of section 5 of the Revenue Recovery Act, 1890 (1 of 1890). 2*
CHAP
RULES
CHAPTER IV
RULES
32.
Power of the State Government to make rules.
32. Power of the State Government to make rules.-(1) The 3*[State
Government] may make rules4* to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) for prescribing the intervals at which and the
conditions subject to which an application for review
may be made under section 6 when not accompanied by a
medical certificate;
(b) for prescribing the intervals at which and the
conditions subject to which a workman may be required
to submit himself for medical examination under sub-
section (1) of section 11;
(c) for prescribing the procedure to be followed by
Commissioners in the disposal of cases under this Act
and by the parties in such cases;
----------------------------------------------------------------------
1. Ins. by Act 15 of 1933, s. 18.
2. In the application of the Act to Bengal, a new s. 31A has been
ins. here by the Bengal Touts Act, 1942 (Ben. 5 of 1942), s. 12.
3. Subs. by the A. O. 1937, for "G. G. in C.".
4. For the Workmen's Compensation Rules, 1924, see Gazette of India,
1924, Pt. I, p. 586.
42
(d) for regulating the transfer of matters and cases from
one Commissioner to another and the transfer of money
in such cases;
(e) for prescribing the manner in which money in the hands
of a Commissioner may be invested for the benefit of
dependants of a deceased workman and for the transfer
of money so invested from one Commissioner to another;
(f) for the representation in proceedings before
Commissioners of parties who are minors or are unable
to make an appearance;1*
(g) for prescribing the form and manner in which memoranda
of agreements shall be presented and registered;
(h) for the withholding by Commissioners, whether in whole
or in part of half-monthly payments pending decision on
applications for review of the same; 2***
2* * * * *
2*[(i) for regulating the scales of costs which may be
allowed in proceedings under this Act;
(j) for prescribing and determining the amount of the fees
payable in respect of any proceedings before a
Commissioner under this Act;
(k) for the maintenance by Commissioners of registers and
records of proceedings before them;
(l) for prescribing the classes of employers who shall
maintain notice-books under sub-section (3) of section
10, and the form of such notice-books;
(m) for prescribing the form of statement to be submitted by
employers under section 10A; 3***
(n) for prescribing the cases in which the report referred
to in section 10B may be sent to an authority other
than the Commissioner;]
4*[(o) for prescribing abstracts of this Act and requiring
the employers to display notices containing such
abstracts;
(p) for prescribing the manner in which diseases specified
as occupational diseases may be diagnosed;
----------------------------------------------------------------------
1. In the application of the Act of Bengal, new clauses (ff), (ff1)
and (ff2) have been ins. here by Ben. Act 6 of 1942, s. 5.
2. The word "and" at the end of cl. (h) and the original cl. (i)
rep., and the new cls. (i) to (n), which were the same as cls.
(a) to (f) of s. 33, ins. by the A. O. 1937.
3. The word "and" omitted by Act 58 of 1960, s. 3 and Sch. II.
4. Ins. by Act 8 of 1959, s. 16 (w.e.f. 1-6-1959).
43
(q) for prescribing the manner in which diseases may be
certified for any of the purposes of this Act;
(r) for prescribing the manner in which, and the standards
by which, incapacity may be assessed.]
1*[(3) Every rule made under this section shall be laid, as soon
as may be after it is made, before the State Legislature.]
33.
[Repealed.]
33. [Power of Local Government to make rules.] Rep. by the A. O.
1937.
34.
Publication of rules.
34. Publication of rules.- (1) The power to make rules conferred
by 2*[section 32] shall be subject to the condition of the rules being
made after previous publication.
(2) The date to be specified in accordance with clause (3) of
section 23 of the General Clauses Act, 1897 (10 of 1897), as that
after which a draft of rules proposed to be made under section 32 3***
will be taken into consideration, shall not be less than three months
from the date on which the draft of the proposed rules was published
for general information.
(3) Rules so made shall be published in 4*** the Official Gazette
5*** and, on such publication, shall have effect as if enacted in this
Act.
35.
Rules to give effect to arrangements with other countries for the
transfer of money paid as compensation.
6*[35. Rules to give effect to arrangements with other countries
for the transfer of money paid as compensation.- 7*[(1)] The Central
Government may, by notification in the Official Gazette, make rules
for the transfer 8*** 9*[to any foreign country] of money 10*[deposited
with] a Commissioner under this Act 11*[which has been awarded to or
may be due to], any person residing or about to reside in 9*[such
foreign country] and for
----------------------------------------------------------------------
1. Ins. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).
2. Subs. by the A. O. 1937, for "sections 32 and 33".
3. The words and figures "or section 33" rep., ibid.
4. The words "the Gazette of India or" rep., ibid.
5. The words "as the case may be" rep., ibid.
6. Ins. by Act 15 of 1933, s. 20.
7. The original s. 35 renumbered as sub-section (1) of that section
by Act 7 of 1937, s. 2.
8. The words "to any Part B State or" ins. by the A. O. 1948,
omitted by Act 3 of 1951, s. 3 and Sch.
9. Subs. by Act 22 of 1984, s. 5 (w.e.f. 1-7-1984).
10. Subs. by Act 7 of 1937, s. 2, for "paid to".
11. Subs. by 2, ibid., for "for the benefit of".
44
the receipt 1*[distribution] and administration in 2*[any State] of
any money 3*[deposited] under the law relating to workmen's
compensation 4*** 5*[in any foreign country],6*[which has been awarded
to, or may be due to] any person residing or about to reside in 2*[any
State]:]
1*[Provided that no sum deposited under this Act in respect of
fatal accidents shall be so transferred without the consent of the
employer concerned until the Commissioner receiving the sum has passed
orders determining its distribution and apportionment under the
provisions of sub-sections (4) and (5) of section 8.
(2) Where money deposited with a Commissioner has been so
transferred in accordance with the rules made under this section, the
provisions elsewhere contained in this Act regarding distribution by
the Commissioner of compensation deposited with him shall cease to
apply in respect of any such money.]
36.
Rules made by Central Government to be laid before Parliament.
7*[36. Rules made by Central Government to be laid before
Parliament.- Every rule made under this Act by the Central Government
shall be laid as soon as may be after if is made before each House of
Parliament while it is in session for a total period of thirty days
which may be comprised in one session or in 8*[two or more successive
sessions, and if, before the expiry of that the session immediately
following the session or the successive sessions aforesaid], both
Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may
be; so however that any such modification or annulment shall be
without prejudice to the validity of anything previously done under
that rule.]
----------------------------------------------------------------------
1. Ins. by Act 7 of 1937, s. 2.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for "a Part A State or
Part C State".
3. Subs. by Act 7 of 1937, s. 2, for "awarded".
4. Of the words "in any Part B State or" ins. by the A. O. 1950,
first five words were omitted by Act 3 of 1951, s. 3 and Sch.,
and the word "or" was omitted by Act 36 of 1957, s. 3 and Sch.
II.
5. Subs. by act 22 of 1984, s. 5 (w.e.f. 1-7-1984).
6. Subs. by Act 7 of 1937, s. 2, for "and applicable for the benefit
of".
7. Ins. by Act 64 of 1962, s. 8 (w.e.f. 1-2-1976).
8. Subs. by Act 65 of 1976, s. 3, for certain words (w.e.f. 21-5-
1976).
45
SCHE
See sections 2(1) and (4)
1*[SCHEDULE I
[See sections 2(1) and (4)]
2*[PART I
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT]
----------------------------------------------------------------------
Serial Description of injury Percentage
No. of loss
of earning
capacity
----------------------------------------------------------------------
1 Loss of both hands or amputation at higher sites 100
2 Loss of a hand and a foot 100
3 Double amputation through leg or thigh, or amputation
through leg or thigh on one side and loss of other foot 100
4 Loss of sight to such an extent as to render the claimant
unable to perform any work for which eye sight is essential 100
5 Very severe facial disfigurement 100
6 Absolute deafness 100
3*[PART II
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT]
Amputation cases-upper limbs (either arm)
4*[1] Amputation through shoulder joint 90
4*[2] Amputation below shoulder with stump less than 8" from 80
tip of acromion
4*[3] Amputation from 8" from tip of acromion to less than 70
4.5" below tip of olecranon
4*[4] Loss of a hand or of the thumb and four fingers of one 60
hand or amputation from 4.5" below tip of olecranon
4*[5] Loss of thumb 30
4*[6] Loss of thumb and its metacarpal bone 40
4*[7] Loss of four fingers of one hand 50
4*[8] Loss of three fingers of one hand 30
4*[9] Loss of two fingers of one hand 20
4*[10] Loss of terminal phalanx of thumb 20
----------------------------------------------------------------------
1. Subs. by Act 8 of 1959, s. 17, for the former Sch. I (w.e.f. 1-6-
1959).
2. Subs. by Act 64 of 1962, s. 9, for the former heading (w.e.f. 1-
2-1963).
3. Ins. by s. 9, ibid. (w.e.f. 1-2-1963).
4. Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48
respectively by s. 9, ibid. (w.e.f. 1-2-1963).
46
(Schedule I.)
----------------------------------------------------------------------
Serial Description of injury Percentage
No. of loss
of earning
capacity
----------------------------------------------------------------------
Amputation cases-lower limbs
1*[11] Amputation of both feet resulting in end-bearing stumps 90
1*[12] Amputation through both feet proximal to the metatarso-
phalangeal joint 80
1*[13] Loss of all toes of both feet through the metatarso- 40
phalangeal joint
1*[14] Loss of all toes of both feet proximal to the proximal 30
inter-phalangeal joint
1*[15] Loss of all toes of both feet distal to the proximal 20
inter-phalangeal joint
1*[16] Amputation at hip 90
1*[17] Amputation below hip with stump not exceeding 5" in 80
length measured from tip of great trenchanter
1*[18] Amputation below hip with stump exceeding 5" in length 70
measured from tip of great trenchanter but not beyond
middle thigh
1*[19] Amputation below middle thigh to 3.5" below knee 60
1*[20] Amputation below knee with stump exceeding 3.5" but 50
not exceeding 5"
1*[21] Amputation below knee with stump exceeding 5" 40
1*[22] Amputation of one foot resulting in end-bearing 30
1*[23] Amputation through one foot proximal to the metatarso-
phalangeal joint 30
1*[24] Loss of all toes of one foot through the metatarso- 20
phalangeal joint
Other injuries
1*[25] Loss of one eye, without complications, the other 40
being normal
1*[26] Loss of vision of one eye, without complications or 30
disfigure- ment of eye-ball, the other being normal
Loss of--
A.--Fingers of right or left hand
Index finger
1*[27] Whole 14
1*[28] Two phalanges 11
----------------------------------------------------------------------
1. Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48
respectively by Act 64 of 1962, s. 9 (w.e.f. 1-2-1963).
47
----------------------------------------------------------------------
Serial Description of injury Percentage
No. of loss
of earning
capacity
----------------------------------------------------------------------
1*[29] One phalanx 9
1*[30] Guillotine amputation of tip without loss of bone 5
Middle finger
1*[31] Whole 12
1*[32] Two phalanges 9
1*[33] One phalanx 7
1*[34] Guillotine amputation of tip without loss of bone 4
Ring or little finger
1*[35] Whole 7
1*[36] Two phalanges 6
1*[37] One phalanx 5
1*[38] Guillotine amputation of tip without loss of bone 2
B.--Toes of right or left foot
Great toe
1*[39] Through metatarso-phalangeal joint 14
1*[40] Part, with some loss of bone 3
Any other toe
1*[41] Through metatarso-phalangeal joint 3
1*[42] Part, with some loss of bone 1
Two toes of one foot, excluding great toe
1*[43] Through metatarso-phalangeal joint 5
1*[44] Part, with some loss of bone 2
Three toes of one foot, excluding great toe
1*[45] Through metatarso-phalangeal joint 6
1*[46] Part, with some loss of bone 3
Four toes of one foot, excluding great toe
1*[47] Through metatarso-phalangeal joint 9
1*[48] Part, with some loss of bone 3.]
2*[NOTE.--Complete and permanent loss of the use of any limb or
member referred to in this Schedule shall be deemed to be the
equivalent of the loss of that limb or member.]
----------------------------------------------------------------------
1. Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48
respectively by Act 64 of 1962, s. 9 (w.e.f. 1-2-1963).
2. Ins. by Act 58 of 1960, s. 3 and Sch. II.
48
SCHE
See section 2 (1) (n)
SCHEDULE II
[See section 2 (1) (n)]
LIST OF PERSONS WHO, SUBJECT TO THE PROVISIONS OF SECTION 2 (1) (n),
ARE INCLUDED IN THE DEFINITION OF WORKMEN
The following persons are workmen within the meaning of section 2
(1) (n) and subject to the provisions of that section, that is to say,
any person who is--
1*[2*[(i) employed, otherwise than in a clerical capacity or
on a railway, in connection with the operation or
maintenance of a lift or a vehicle propelled by steam
or other mechanical power or by electricity or in
connection with the loading or unloading of any such
vehicle; or
(ii) employed, otherwise than in a clerical capacity, in any
premises wherein or within the precincts whereof a
manufacturing process as defined in clause (k) of
section 2 of the Factories Act, 1948 (63 of 1948), is
being carried on, or in any kind of work whatsoever
incidental to or connected with any such manufacturing
process or with the article made 3*[whether or not
employment in any such work is within such premises or
precincts], and steam, water or other mechanical power
or electrical power is used; or
(iii) employed for the purpose of making, altering,
repairing, ornamenting, finishing or otherwise adapting
for use, transport or sale any article or part of an
article in any premises wherein or within the precincts
where of twenty or more persons are so employed; 4***
3*[Explanation.--For the purposes of this clause, persons
employed outside such premises or precincts but in any
work incidental to, or connected with, the work
relating to making, altering, repairing, ornamenting,
finishing or otherwise adapting for use, transport or
sale any article or part of an article shall be deemed
to be employed within such premises or precincts; or]
---------------------------------------------------------------------
1. Subs. by Act 15 of 1933, s. 21, for cls. (i) to (xiii).
2. Subs. by Act 8 of 1959, s. 18, for cls. (i) to (ix) (w.e.f. 1-6-
1959).
3. Ins. by Act 64 of 1962, s. 10 (w.e.f. 1-2-1963).
4. The word "or" omitted by s. 10, ibid. (w.e.f. 1-2-1963).
48A
(iv) employed in the manufacture or handling of explosives
in connection with the employer's trade or business; or
(v) employed, in any mine as defined in clause (j) of
section 2 of the Mines Act, 1952 (35 of 1952),in
any mining operation or in any kind of work, other
than clerical work, incidental to or connected with
any mining operation or with the mineral obtained, or
in any kind of work whatsoever below ground; or
(vi) employed as the master or as a seaman of--
(a) any ship which is propelled wholly or in part
by steam or other mechanical power or by electricity or
which is towed or intended to be towed by a ship so
propelled; or
(b) any ship not included in sub-clause (a), of
twenty-five tons net tonnage or over; or
(c) any sea-going ship not included in sub-clause
(a) or sub-clause (b) provided with sufficient area for
navigation under sails alone; or
(vii) employed for the purpose of--
(a) loading, unloading, fuelling, constructing,
repairing, demolishing, cleaning or painting any ship
of which he is not the master or a member of the crew,
or handling or transport within the limits of any port
subject to the Indian Ports Act, 1908 (15 of 1908), of
goods which have been discharged from or are to be
loaded into any vessel; or
(b) warping a ship through the lock; or
(c) mooring and unmooring ships at harbour wall
berths or in pier; or
(d) removing or replacing dry dock caisoons when
vessels are entering or leaving dry docks; or
(e) the docking or undocking of any vessel during
an emergency; or
(f) preparing splicing coir springs and check
wires, painting depth marks on lock-sides, removing or
replacing fenders whenever necessary, landing of
gangways, maintaining life-buoys up to standard or any
other maintenance work of a like nature; or
48B
(g) any work on jolly-boats for bringing a ship's
line to the wharf; or
(viii) employed in the construction, maintenance, repair or
demolition of--
(a) any building which is designed to be or is or
has been more than one storey in height above the
ground or twelve feet or more from the ground level to
the apex of the roof; or
(b) any dam or embankment which is twelve feet or
more in height from its lowest to its highest point; or
(c) any road, bridge, tunnel or canal; or
(d) any wharf, quay, sea-wall or other marine work
including any moorings of ships; or
(ix) employed in setting up, maintaining, repairing or
taking down any telegraph or telephone line or post or
any overhead electric line or cable or post or standard
or fittings and fixtures for the same; or]
(x) employed, otherwise than in a clerical capacity, in the
construction, working, repair or demolition of any
aerial ropeway, canal, pipe-line, or sewer; or
(xi) employed in the service of any fire brigade; or
(xii) employed upon a railway as defined in clause (4) of
section 3, and sub-section (1) of section 148 of the
Indian Railways Act, 1890 (9 of 1890), either directly
or through a sub-contractor, by a person fulfilling a
contract with the railway administration; or
(xiii) employed as an inspector, mail guard, sorter or van
peon in the Railway Mail Service 1*[or as a
telegraphist or as a postal or railway signaller], or
employed in any occupation ordinarily involving outdoor
work in the Indian Posts and Telegraphs Department; or
(xiv) employed, otherwise than in a clerical capacity, in
connection with operations for winning natural
petroleum or natural gas; or
(xv) employed in any occupation involving blasting
operations; or
----------------------------------------------------------------------
1. Ins. by Act 8 of 1959, s. 18 (w.e.f. 1-6-1959).
48C
(xvi) employed in the making of any excavation in which on
any one day of the preceding twelve months more than
1*[twenty-five] persons have been employed or
explosives have been used, or whose depth from its
highest to its lowest point exceeds 2*[twelve] feet; or
(xvii) employed in the operation of any ferry boat capable
of carrying more than ten persons; or
(xviii) employed, otherwise than in a clerical capacity, on
any estate which is maintained for the purpose of
growing 3*[cardamom], cinchona, coffee, rubber or tea,
and on which on any one day in the preceding twelve
months twenty-five or more persons have been so
employed; or
(xix) employed, otherwise than in a clerical capacity, in
the generating, transforming or supplying of electrical
energy or in the generating or supplying of gas; or
(xx) employed in a lighthouse as defined in clause (d) of
section 2 of the Indian Lighthouse Act, 1927 (17 of
1927); or
(xxi) employed in producing cinematograph pictures intended
for public exhibition or in exhibiting such pictures;
or
(xxii) employed in the training, keeping or working of
elephants or wild animals; or
4*[(xxiii) employed in the tapping of palm-trees or the
felling or logging of trees, or the transport of timber
by inland waters, or the control or extinguishing of
forest fires; or
(xxiv) employed in operations for the catching or hunting of
elephants or other wild animals; or]
5[(xxv)] employed as a diver; 4*[or
(xxvi) employed in the handling or transport of goods in, or
within the precincts of,--
(a) any warehouse or other place in which goods
are stored, and in which on any one day of the
preceding twelve months ten or more persons have been
so employed, or
----------------------------------------------------------------------
1. Subs. by Act 8 of 1959, s. 18, for "fifty" (w.e.f. 1-6-1959).
2. Subs. by s. 18, ibid., for "twenty" (w.e.f. 1-6-1959).
3. Ins. by Act 64 of 1962, s. 10 (w.e.f. 1-2-1963).
4. Ins. by Act 9 of 1938, s. 11.
5. Original cl. (xxiii) renumbered (xxv) by s. 11, ibid.
48D-48F
(b) any market in which on any one day of the
preceding twelve months 1*[fifty] or more persons have
been so employed; or
(xxvii) employed in any occupation involving the handling
and manipulation of radium or X-rays apparatus, or
contact with radio-active substances;] 2*[or]
2*[(xxviii) employed in or in connection with the
construction, erection, dismantling, operation or
maintenance of an aircraft as defined in section 2 of
the Indian Aircraft Act, 1934 (22 of 1934); or
(xxix) employed in farming by tractors or other contrivances
driven by steam or other mechanical power or by
electricity; or
(xxx) employed, otherwise than in a clerical capacity, in
the construction, working, repair or maintenance of a
tubewell ; or
(xxxi) employed in the maintenance, repair or renewal of
electric fittings in any building ; or
(xxxii) employed in a circus.]
Explanation.--In this Schedule, "the preceding twelve months"
relates in any particular case to the twelve months ending with the
day on which the accident in such case occurred.]
SCHE
See section 3
3*[SCHEDULE III
(See section 3)
LIST OF OCCUPATIONAL DISEASES
----------------------------------------------------------------------
S. No. Occupational disease Employment
----------------------------------------------------------------------
(1) (2) (3)
----------------------------------------------------------------------
PART A
1. Infectious and parasitic dis- (a) All work involving exposure
eases contracted in an occu- to health or laboratory work;
pation where there is a parti-
cular risk of contamination. (b) All work involving exposure
to veterinary work;
(c) Work relating to handling
animals, animal carcasses,
part of such carcasses, or
merchandise which may have
been contaminated by animals
or animal carcasses;
(d) Other work carrying a parti-
cular risk of contamination.
2. Diseases caused by work in All work involving exposure to
compressed air. the risk concerned.
3. Diseases caused by lead or its All work involving exposure to
toxic compounds. the risk concerned.
4. Poisoning by nitrous fumes. All work involving exposure to
the risk concerned.
5. Poisoning by organo phospho- All work involving exposure to
rus compounds. the risk concerned.
PART B
1. Diseases caused by phosphorus All work involving exposure to
or its toxic compounds. the risk concerned.
2. Diseases caused by mercury or All work involving exposure to
its toxic compounds. the risk concerned.
3. Diseases caused by benzene or All work involving exposure to
its toxic homologues. the risk concerned.
4. Diseases caused by nitro and All work involving exposure to
amido toxic derivatives of the risk concerned.
benzene or its homologues.
5. Diseases caused by chromium All work involving exposure to
or its toxic compounds. the risk concerned.
6. Diseases caused by arsenic or All work involving exposure to
its toxic compounds. the risk concerned.
7. Diseases caused by radioactive All work involving exposure to
substances and ionising radia- the action of radioactive sub-
tions. stances or ionising
radiations.
8. Primary epitheliomatous can- All work involving exposure to
cer of the skin caused by tar, the risk concerned.
pitch, bitumen, mineral oil,
anthracene, or the compounds,
products or residues of these
substances.
9. Diseases caused by the toxic All work involving exposure to
halogen derivatives of hydro- the risk concerned.
carbons (of the aliphatic
andaromatic series).
10. Diseases caused by carbon All work involving exposure to
disulphide. the risk concerned.
11. Occupational cataract due to All work involving exposure to
infra-red radiations. the risk concerned.
12. Diseases caused by manganese All work involving exposure to
or its toxic compounds. the risk concerned.
13. Skin diseases caused by physi- All work involving exposure to
cal, chemical or biological the risk concerned.
agents not included in other
items.
14. Hearing impairment caused All work involving exposure to
by noise. the risk concerned.
15. Poisoning by dinitrophenol or All work involving exposure to
a homologue or by substitut- the risk concerned.
ed dinitrophenol or by the
salts of such substances.
16. Diseases caused by beryllium All work involving exposure to
or its toxic compounds. the risk concerned.
17. Diseases caused by cadmium All work involving exposure to
or its toxic compounds. the risk concerned.
18. Occupational asthma caused All work involving exposure to
by recognised sensitising the risk concerned.
agents inherent to the work
process.
19. Diseases caused by fluorine or All work involving exposure to
its toxic compounds. the risk concerned.
20. Diseases caused by nitrogly- All work involving exposure to
cerine or other nitroacid the risk concerned.
esters.
21. Diseases caused by alcohols All work involving exposure to
and ketones. the risk concerned.
22. Diseases caused by asphy- All work involving exposure to
xiants: carbon monoxide, and the risk concerned.
its toxic derivatives, hydrogen
sulfide.
23. Lung cancer and mesothelio- All work involving exposure to
mas caused by asbestos. the risk concerned.
24. Primary neoplasm of the epi- All work involving exposure to
thelial lining of the urinary the risk concerned.
bladder or the kidney or the
ureter.
----------------------------------------------------------------------
1. Subs. by Act 8 of 1959, s. 18, "one hundred" (w. e. f. 1-6-1959).
2. Ins. by s. 18. ibid. (w.e.f.1-6-1959).
3. Subs. by Act 22 of 1994, s. 6 (w.e.f. 1-7-1994).
PART C
1. Pneumoconioses caused by All work involving exposure to
sclerogenic mineral dust (sili- the risk concerned.
cosis, anthraoosilicosis, as-
bestosis) and silico-tubercu-
losis provided that silicosis is
an essential factor in causing
the resultant incapacity or
death.
2. Bagassosis. All work involving exposure to
the risk concerned.
3. Bronchopulmonary diseases All work involving exposure to
caused by cotton, flax hemp the risk concerned.
and sisal dust (Byssinosis).
4. Extrinsic allergic alveelitis All work involving exposure to
caused by the inhalation of the risk concerned.
organic dusts.
5. Bronchopulmonary diseases All work involving exposure to
caused by hard metals. the risk concerned."
----------------------------------------------------------------------
1. Subs. by Act 8 of 1959, s. 18, "one hundred" (w.e.f. 1-6-1959).
2. Ins. by s. 18. ibid. (w.e.f.1-6-1959).
3. Subs. by Act 22 of 1994, s. 6 (w.e.f. 1-7-1994).
48G
SCHE
See section 4
2*[SCHEDULE IV
(See section 4)
Factors for working out lump sum equivalent of compensation
amount in case of permanent disablement and death.
----------------------------------------------------------------------
Completed years of age on the last birthday of the Factors
workman immediately preceding the date on which
the compensation fell due
----------------------------------------------------------------------
1 2
----------------------------------------------------------------------
not more than 16 228.54
17 227.49
18 226.38
19 225.22
20 224.00
21 222.71
22 221.37
23 219.95
24 218.47
25 216.91
26 215.28
27 213.57
28 211.79
29 209.92
30 207.98
31 205.95
32 203.85
33 201.66
34 199.40
35 197.06
36 294.64
37 192.14
38 189.56
39 186.90
40 184.17
41 181.37
42 178.49
43 175.54
44 172.52
45 169.44
46 166.29
47 163.07
48 159.80
49 156.47
50 153.09
51 149.67
52 146.20
53 142.68
54 139.13
55 135.56
56 131.95
57 128.33
58 124.70
59 121.05
60 117.41
61 113.77
62 110.14
63 106.52
64 102.93
65 or more 99.37.]
----------------------------------------------------------------------
1 Subs. by Act 22 of 1984, s. 7 (w.e.f. 1-7-1984).
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