COMPILATION EMPLOYEES’ COMPENSATION ACT, 1923
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Care has been taken to update but certain portion might be left
EMPLOYEES’ COMPENSATION ACT, 1923
[8 OF 1923]
An Act to provide for the payment by certain
classes of employers to their employees of
compensation for injury by accident.
WHEREAS it is expedient to provide for the
payment by certain classes of employers to their employees of compensation for injury by accident; it is hereby enacted as
follows:—
CHAPTER I
PRELIMINARY
Short
title, extent and commencement.
1. (1) This Act may be called the Employee’s Compensation Act, 1923.
(2) It extends to the whole of India
(3) It shall come into force on the first day
of July, 1924.
2. (1) In this Act, unless there is anything
repugnant in the subject or context,—
(a)
[* * *]
(b) “Commissioner”
means a Commissioner for employees’ Compensation appointed under section
20;
(c) “compensation”
means compensation as provided for by this Act;
(d) “dependant” means any of the following
relatives of a deceased employee, namely:—
(i) a
widow, a minor legitimate or adopted son, and unmarried legitimate or adopted] daughter,
or a widowed mother; and
(ii) if
wholly dependent on the earnings of the employee at the time of his
death, a son or a daughter who has attained the age of 18 years and who is
infirm;
(iii) if
wholly or in part dependent on the earnings of the employee 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 or adopted if married and a minor or if widowed and
a minor,
(d) a
minor brother or an 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 employee is alive.
Explanation.—For the purposes of sub-clause (ii)
and items (f) and (g) of sub-clause (iii), references to a
son, daughter or child include an adopted son, daughter or child respectively;
(dd) “employee” means a person, who is—
(i) a
railway servant as defined in clause (34) of section 2 of the Railways
Act, 1989 (24 of 1989), 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) (a) a master, seaman or other members of the crew
of a ship,
(b) a captain or other member of the crew of an aircraft,
(c) a person recruited as driver, helper, mechanic, cleaner or in any
other capacity in connection with a motor vehicle,
(d) a person recruited for work abroad by a company,
and who is employed outside
India in any such capacity as is specified in Schedule II and the ship,
aircraft or motor vehicle, or company, as the case may be, is registered in
India; or
(iii) employed
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 the Armed Forces of the Union;
and any reference to any employee who has been injured shall, where the
employee is dead, include a reference to his dependants or any of them;
(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 an employee
are temporarily lent or let on hire to another person by the person with whom
the employee has entered into a contract of service or apprenticeship,
means such other person while the employee 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 employer;
(ff) “minor”
means a person who has not attained the age of 18 years;
(g) “partial
disablement” means, where the disablement is of a temporary 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 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 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 under any Central Act,
Provincial Act, or an Act of the Legislature of a 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;
[* * *]
(k) “seaman” means any person forming part of
the crew of any ship, but does not include the master of the ship;
(l) “total
disablement” means such disablement, whether of a temporary or permanent
nature, as incapacitates an employee for all work which he was capable
of performing at the time of the accident resulting in such disablement :
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
or the value of any travelling concession or a contribution paid by the
employer an employee towards any pension or provident fund or a sum paid
to an employee to cover any special expenses entailed on him by the
nature of his employment;
(n)
[***]
(2) The exercise and performance of the powers
and duties of a local authority or of any department 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.
(3) The Central Government or the State
Government, by notification in the Official Gazette, after giving not less than
three months’ notice of its intention 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, in case of a notification by the Central Government, within
the territories to which the Act extends, or, in the case of a notification by
the State Government, within the State, to such classes of persons :
Provided that in making addition, the Central
Government or the State Government, as the case may be, may direct that the
provisions of this Act shall apply to such classes of persons in respect of
specified injuries only.
EMPLOYEES’ COMPENSATION
Employer’s
liability for compensation.
3. (1) If personal injury is caused to an employee
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 employee for a period exceeding three days;
(b) in
respect of any [injury, not resulting in death or permanent total disablement,
caused by an accident which is directly attributable to—
(i) the employee having been at the time
thereof under the influence of drink or drugs, or
(ii) the wilful disobedience of the employee
to an order expressly given, or to a rule expressly framed, for the purpose of
securing the safety of employees, or
(iii) the
wilful removal or disregard by the employee of any safety guard or other
device which he knew to have been provided for the purpose of securing the
safety of employees,
(2) If an employee 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 an employee,
whilst in the service of an employer in whose service he has been 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
an employee 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:
Provided
that if it is proved,—
(a) that
an employee 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 an employee 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.
(2A) If an employee 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 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 Central Government or the State
Government], 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, in the case of a notification by the
Central Government, within the territories to which this Act extends or, in
case of a notification by the State Government, within the State as if such
diseases had been declared by this Act to be occupational diseases peculiar to
those employments.
(4) Save as provided by sub-sections (2), (2A)
and (3), no compensation shall be payable to an employee in respect of any disease unless the disease
is 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 an employee 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 an employee 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 employee and his employer
providing for the payment of compensation in respect of the injury in
accordance with the provisions of this Act.
4. (1) Subject to the provisions of this Act,
the amount of compensation shall be as follows, namely :—
(a) where
death results from the injury
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an amount equal to fifty per cent of the
monthly wages of the deceased employee multiplied by the relevant
factor;
or
an amount of one lakh and twenty thousand
rupees,
whichever is more;
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(b) where
permanent total disablement results from the injury
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an amount equal to sixty per cent of the
monthly wages of the injured employee multiplied by the relevant
factor;
or
an amount of one lakh and forty thousand
rupees,
whichever is more.
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Explanation
I: For the
purposes of clause (a) and clause (b), “relevant factor”, in
relation to an employee 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 employee on his last birthday immediately preceding
the date on which the compensation fell due.
Explanation
II: [***];
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Provided that the Central Government
may, by notification in the Official Gazette, from time to time, enhance the
amount of compensation mentioned in clauses (a) and (b);
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(c) where
permanent partial disablement results from the injury
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(i) in
the case of an injury specified in Part II of Schedule 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 specified in Schedule I, such percentage of the
compensation payable in the case of permanent total disablement as is
proportionate to the loss of earning capacity (as assessed by the qualified
medical practitioner) permanently caused by the injury.
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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.
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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;
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(d) where
temporary disablement, whether total or partial, results from the injury
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a
half-monthly payment of the sum equivalent to twenty-five per cent of monthly
wages of the employee, to be paid in accordance with the provisions of
sub-section (2).
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(1A)
Notwithstanding anything contained in sub-section (1), while fixing the amount
of compensation payable to a employee in respect of an accident occurred
outside India, the Commissioner shall take into account the amount of
compensation, if any, awarded to such employee in accordance with the
law of the country in which the accident occurred and shall reduce the amount
fixed by him by the amount of compensation awarded to the employee in
accordance with the law of that country.
(1B)
The Central Government may, by notification in the Official Gazette, specify,
for the purposes of sub-section (1), such monthly wages* in relation to an employee
as it may consider necessary.
Rs.8000 w.e.f. 31.05.2010 S.O.1258E
Rs15000 w.e.f.3/01/2020 S.O. 71(E)
http://egazette.nic.in/WriteReadData/2020/215147.pdf
Rs15000 w.e.f.3/01/2020 S.O. 71(E)
http://egazette.nic.in/WriteReadData/2020/215147.pdf
(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 employee
is entitled the amount of any payment or allowance which the employee
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 employee before the accident
exceeds half the amount of such wages which he is earning after the accident.
Explanation : Any payment or allowance which the employee
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.
(2A)
The employee shall be reimbursed the actual medical expenditure incurred by him
for treatment of injuries caused during the course of employment.
(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.]
(4) If the injury of the employee
results in his death, the employer shall, in addition to the compensation under
sub-section (1), deposit with the Commissioner a sum of not less than five
thousand rupees for payment of the same to the eldest surviving dependant
of the employee towards the expenditure of the funeral of such employee
or where the employee did not have a dependant or was not living with
his dependant at the time of his death to the person who actually incurred such
expenditure.
Provided that the Central Government may, by
notification in the Official Gazette, from time to time, enhance the amount
specified in this sub-section.
Compensation to be paid when due and penalty
for default.
4A. (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 employee,
as the case may be, without prejudice to the right of the employee 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 shall—
(a) direct
that the employer shall, in addition to the amount of the arrears, pay simple
interest thereon at the rate of twelve per cent per annum or at such higher
rate not exceeding the maximum of the lending rates of any scheduled bank as
may be specified by the Central Government, by notification in the Official
Gazette, on the amount due; and
(b) if,
in his opinion, there is no justification for the delay, direct that the
employer shall, in addition to the amount of the arrears and interest thereon,
pay a further sum not exceeding fifty per cent of such amount by way of penalty
:
Provided that an order for the payment of
penalty shall not be passed under clause (b) without giving a reasonable
opportunity to the employer to show cause why it should not be passed.
Explanation: For the purposes of this sub-section,
“scheduled bank” means a bank for the time being included in the Second
Schedule to the Reserve Bank of India Act, 1934 (2 of 1934).
(3A) The interest and the penalty payable
under sub-section (3) shall be paid to the employee or his dependant, as the
case may be.
5. 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 employee 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 employee
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;
(b) where
the whole of the continuous period of service immediately preceding the
accident during which the employee was in the service of the employer
who is liable to pay the compensation was less than one month, the monthly
wages of the employee shall be the average monthly amount which, during
the twelve months immediately preceding the accident, was being earned by a employee
employed on the same work by the same employer, or, if there was no employee
so employed, by an employee employed on similar work in the same locality;
(c)] 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.
Explanation: A period of service shall, for the purposes of
this section be deemed to be continuous which has not been interrupted by a
period of absence from work exceeding fourteen days.
6. (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 employee accompanied by the certificate of a qualified medical
practitioner that there has been a change in the condition of the employee
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 employee is entitled less any amount which he
has already received by way of half-monthly payments.
7. 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 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. (1) No payment of compensation in respect
of an employee 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:
Provided that, in the case of a deceased employee,
an employer may make to any dependant advances on account of compensation of an
amount equal to three months’ wages of such employee and so much of such
amount 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), as compensation in respect of a deceased employee the
Commissioner 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.
(5) Compensation deposited in respect of a
deceased employee shall, subject to any deduction made under sub-section
(4), be apportioned among the dependants of the deceased employee 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 employee or to any other
person, whom the Commissioner thinks best fitted to provide for the welfare of
the employee.
(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.
(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.
9. 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 employee by operation of law, nor shall any claim be set
off against the same.
10. (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 two years of the
occurrence of the accident or, in case of death, within 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 employee was continuously absent from work in
consequence of the disablement caused by the disease:
Provided further that in case of partial disablement due to
the contracting of any such disease and which does not force the employee
to absent himself from work, the period of two years shall be counted from the
day the employee gives notice of the disablement to his employer:
Provided further that if a employee 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.
Provided further that the want of or any defect or
irregularity in a notice shall not be a bar to the entertainment of a claim—
(a) if
the claim is referred in respect of the death of a employee resulting
from an accident which occurred on the premises of the employer, or at any
place where the employee at the time of the accident was working under
the control of the employer or of any person employed by him, and the employee
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 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 employee 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 entertain and
decide any claim to compensation in any case notwithstanding that the notice
has not been given, or the claim has not been preferred in due time as provided
in this sub-section, if he is satisfied that the failure so to give the notice
or 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 any one of several employers, or upon any person
responsible to the employer for the management of any branch of the trade or
business in which the injured employee was employed.
(3) The State Government may require that any
prescribed class of employers shall maintain at their premises at which employee
are employed a notice-book, in the prescribed form, which shall be readily
accessible at all reasonable times to any injured employee employed on
the premises and to any person acting bond 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.
11. (1) Where an employee 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 employee 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 :
Provided that a employee 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 employee, 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 employee, 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 employee, 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 employee.
(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 employee 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, if it is proved that the employee 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 been expected to be if the employee had been regularly
attended by a qualified medical practitioner, whose instructions he had
followed, and compensation, if any, shall be payable accordingly.
12. (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
employee employed in the execution of the work any compensation which he
would have been liable to pay if that employee 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 employee 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, or any other person from whom the employee 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 employee 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 employee 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. Where an employee 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 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. (1) Where any employer has entered into a
contract with any insurers in respect of any liability under this Act to any employee,
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 employee, 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 employee
than they would have been under to the employer.
(2) If the liability of the insurers to the employee
is less than the liability of the employer to the employee, the employee
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 employee
:
Provided that the provisions of this sub-section shall
not apply in any case in which the employee 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 530 of the Companies Act, 1956 (1 of 1956), are in the
distribution of the property of an insolvent or in the distribution of the
assets 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 wherefor 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 to purposes of reconstruction or of
amalgamation with another company.
15. This Act shall apply in the case of employees
who are masters of 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 one year after the news
of 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.
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 India or 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 cross-examine 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) No half -monthly payment shall be payable
in respect of the period during which the owner of the ship is, under any law
in force for the time being relating to merchant shipping, liable to defray the
expenses of maintenance of the injured master or seaman.
(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, or
under War pensions and Detention Allowances (Indian Seaman) 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 the 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. The State Government may, by notification
in the Official Gazette, direct that every person employing employees,
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
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 State Government may direct.
17. Any contract or agreement whether made
before or after the commencement of this Act, whereby an employee
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.
Duty of
employer to
inform
employee of
his
rights.
"17A.
Every employer shall immediately at the time of employment of an employee,
inform the employee of his rights to
compensation under this Act, in writing as well as
through electronic means, in English or Hindi
or in the official language of the area of
employment, as may be understood by the
employee.".
18. [Omitted by the Workmen’s Compensation
(Amendment) Act, 1959, w.e.f. 1-6-1959.]
[ 18A Penalties. —
(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 shall not be less than fifty thousand
rupees but which may extend to one lakh
rupees"
"(e) fails to inform the
employee of his rights to compensation as required
under
section 17A,";
(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 125 [within
six months of the date on which the alleged commission of the offence came to
the knowledge of the Commissioner].]
CHAPTER III
COMMISSIONERS
Reference to
Commissioners.
19. (1) If any question arises in any proceedings under this Act as
to the liability of any person to pay compensation (including any question as
to whether a person injured is or is not an employee) 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 a Commissioner.
20. (1) The State Government may, by notification
in the Official Gazette, appoint any person who is or has been a member of a State
Judicial Service for a period of not less than five years or is or has been for
not less than five years an advocate or a pleader or is or has been a Gazetted
Officer for not less than five years having educational qualifications and
experience in personnel management, human resource development and industrial
relations to be a
Commissioner for employees’ Compensation for such area as may be specified in the notification.
(2) Where more than one Commissioner has been
appointed for any area, the State Government may, by general or special order,
regulate the distribution of business between them.
(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.
(4)] Every Commissioner shall be deemed to be
a public servant within the meaning of the Indian Penal Code (45 of 1860).
Venue of proceedings and transfer.
21. (1) Where any matter under this Act is 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 the Commissioner for the area in
which—
(a) the accident took place which resulted in the
injury; or
(b) the employee or in case of his death,
the dependant claiming the compensation ordinarily resides; or
(c) the employer has his registered office :
Provided that no matter shall be
processed before or by a Commissioner, other than the Commissioner having
jurisdiction over the area in which the accident took place, without his giving
notice in the manner prescribed by the Central Government to the Commissioner
having jurisdiction over the area and the State Government concerned :
Provided further that, where the employee,
being the master of a ship or a seaman or the captain or a member of the crew
of an aircraft or an employee in a motor vehicle or a company, meets
with the accident outside India any such matter may be done by or before a
Commissioner for the area in which the owner or agent of the ship, aircraft or
motor vehicle resides or carries on business or the registered office of the company
is situate, as the case may be.
(1A) If a Commissioner, other than the Commissioner with whom any
money has been deposited under section 8, proceeds with a matter under this
Act, the former may for the proper disposal of the matter call for transfer of
any records or money remaining with the latter and on receipt of such a
request, he shall comply with the same.
(2) If a Commissioner is satisfied 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 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:
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.
(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.
(5) The State Government may transfer any matter from any
Commissioner appointed by it to any other Commissioner appointed by it.
22. (1) Where an accident occurs in respect of
which liability to pay compensation under this Act arises, a claim for such
compensation may, subject to the provisions of this Act, be made before the
Commissioner.
(1A) Subject to the provisions of sub-section
(1), no application for the settlement of any matter by a Commissioner, 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.
(2) 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) except
in the case of an application by dependants for compensation a concise
statement of the matters on which agreement has and 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.
23. 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
to impose) and of enforcing the attendance of witnesses and compelling the
production of documents and material objects and the Commissioner shall be
deemed to be a Civil Court for all the purposes of section 195 and of Chapter
XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
24. 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 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.
25. 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 a part of the record:
Provided further that the evidence of any medical witness
shall be taken down as nearby as may be word for word.
Time
limit for disposal of cases relating to compensation.
25A. The Commissioner shall dispose of the matter
relating to compensation under this Act within a period of three months from
the date of reference and intimate the decision in respect thereof within the
said period to the employee.
26. 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. 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.
28. (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 to a woman or a person under a legal
disability a memorandum thereof shall be sent by the employer to the
Commissioner, who shall, on being satisfied 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;
* *
*
(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 to a woman or a person under
a legal disability ought not to be registered by reason of the inadequacy of
the sum or amount, or by reason of the agreement having been obtained by fraud
or undue influence or other improper means, he may refuse to record the
memorandum of the agreement 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. 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 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 employees
by way of compensation whether under the agreement or otherwise.
30. (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;
(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 employee,
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 "ten thousand rupees or such higher amount as the Central Government may, by notification
in the Official Gazette, specify"
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.
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.]
(2) The period of limitation for an appeal
under this section shall be sixty days.
(3) The provision of section 5 of the
Limitation Act, 1963 (36 of 1963) shall be applicable to appeals under this
section.
31. 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).
RULES
Power of the
State Government to make rules.
32. (1) The State
Government may make rules 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 an employee 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;
(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 employee 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;
(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;
(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;
(n) for prescribing the cases in which the
report referred to in section 10B may be sent to an authority other than the
Commissioner;
(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;
(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.
(3)
Every rule made under this section shall be laid, as soon as may be after it is
made, before the State Legislature.
33. [* * *]
34. (1) The power to make rules
conferred by 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 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 the Official Gazette and, on such publication, shall have effect
as if enacted in this Act.
Rules to give effect to
arrangements with other countries for the transfer of money paid as compensation.
35. (1)] The Central Government may, by
notification in the Official Gazette, make rules for the transfer to any
foreign country of money deposited with a Commissioner under this Act which has
been awarded to or may be due to, any person residing or about to reside in
such foreign country and for the receipt, distribution and administration in
any State of any money deposited under the law relating to employees’
compensation in any foreign, country, which has been awarded to, or may be due
to any person residing or about to reside in any State.:
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. Every rule made under this Act by the Central
Government shall be laid as soon as may be after it 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 two or more successive sessions, and if,
before the expiry of 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.
[See sections 2(1) and (4)]
PART I
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL
DISABLEMENT
Serial No.
|
Description of injury
|
Percentage of loss of earning capacity
|
1
|
2
|
3
|
1.
|
Loss of both hands or amputation
at higher sites
|
100
|
2.
|
Loss of a hand and 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
|
PART II
LIST OF INJURIES DEEMED TO
RESULT IN PERMANENT PARTIAL DISABLEMENT]
Amputation Cases - Upper limbs - Either arm
[1]
|
Amputation
through shoulder joint
|
90
|
[2]
|
Amputation
below shoulder with stump less than 20.32 cms. from tip of acromion
|
80
|
[3]
|
Amputation
from 20.32 cms. from tip of acromion to less than 4” below tip of olecranon
|
70
|
[4]
|
Loss of
a hand or of the thumb and four fingers of one hand or amputation from 11.43
cms. below tip of olecranon
|
60
|
[5]
|
Loss of
thumb
|
30
|
[6]
|
Loss of
thumb and its metacarpal bone
|
40
|
[7]
|
Loss of
four fingers of one hand
|
50
|
[8]
|
Loss of
three fingers of one hand
|
30
|
[9]
|
Loss of
two fingers of one hand
|
20
|
[10]
|
Loss of
terminal phalanx of thumb
|
20
|
[10A
|
Guillotine
amputation of tip of thumb without loss of bone.
|
10]
|
Amputation cases - lower limbs
|
||
[11]
|
Amputation
of both feet resulting in end-bearing stumps.
|
90
|
[12]
|
Amputation
through both feet proximal to the metatarso-phalangeal joint
|
80
|
[13]
|
Loss of
all toes of both feet through the metatarso-phalangeal joint
|
40
|
[14]
|
Loss of
all toes of both feet proximal to the proximal inter-phalangeal joint
|
30
|
[15]
|
Loss of
all toes of both feet distal to the proximal inter-phalangeal joint
|
20
|
[16]
|
Amputation
at hip
|
90
|
[17]
|
Amputation
below hip with stump not exceeding 12.70 cms. in length measured from; tip of
great trenchanter
|
80
|
[18]
|
Amputation
below hip with stump exceeding 12.70 cms. in length measured from tip of
great trenchanter but not beyond middle thigh
|
70
|
[19]
|
Amputation
below middle thigh to 8.89 cms. below knee
|
60
|
[20]
|
Amputation
below knee with stump exceeding 8.89 cms. but not exceeding 12.70 cms.
|
50
|
[21]
|
Amputation
below knee with stump exceeding 12.70 cms.
|
50
|
[22]
|
Amputation
of one foot resulting in end-bearing
|
50
|
[23]
|
Amputation
through one foot proximal to the metatarso-phalangeal joint
|
50
|
[24]
|
Loss of
all toes of one foot through the metatarso-phalangeal joint
|
20
|
Other
injuries
|
||
[25]
|
Loss of
one eye, without complications, the other being normal
|
40
|
[26]
|
Loss of
vision of one eye. without complications or disfigurement of eye-ball, the
other being normal
|
30
|
[26A.
|
Loss of
partial vision of one eye
|
10
|
Loss of - A. Fingers of right or left hand Index finger
|
||
[27]
|
Whole
|
14
|
[28]
|
Two
phalanges
|
11
|
[29]
|
One
phalanx
|
9
|
[30]
|
Guillotine
amputation of tip without loss of bone
|
5
|
Middle
finger
|
||
[31]
|
Whole
|
12
|
[32]
|
Two
phalanges
|
9
|
[33]
|
One
phalanx
|
7
|
[34]
|
Guillotine
amputation of tip without loss of bone
|
4
|
Ring
or little finger
|
||
[35]
|
Whole
|
7
|
[36]
|
Two
phalanges
|
6
|
[37]
|
One
phalanx
|
5
|
[38]
|
Guillotine
amputation of tip without loss of bone
|
2
|
B.
Toes of right or left foot great toe
|
||
[39]
|
Through
metatarso-phalangeal joint
|
14
|
[40]
|
Part,
with some loss of bone
|
3
|
Any
other toe
|
||
[4l]
|
Through
metatarso-phalangeal joint
|
3
|
[42]
|
Part,
with some loss of bone
|
1
|
Two
toes of one foot, excluding great toe
|
||
[43]
|
Through
metatarso-phalangeal joint
|
5
|
[44]
|
Part,
with some loss of bone
|
2
|
Three
toes of one foot, excluding great toe
|
||
[45]
|
Through
metatarso-phalangeal joint
|
6
|
[46]
|
Part,
with some loss of bone
|
6
|
Four
toes of one foot, excluding great toe
|
||
[47]
|
Through
metatarso-phalangeal joint
|
9
|
[48]
|
Part,
with some loss of bone
|
3
|
Note - Complete and permanent loss of
the use of any limb or member referred to in this Schedule shall be deemed to
be equivalent to the loss of that limb or member.
SCHEDULE II
[See section 2(l)(dd)]
LIST OF PERSONS WHO SUBJECT TO THE
PROVISIONS OF SECTION 2(1)(n), ARE INCLUDED IN THE DEFINITION OF WORKMEN
The following persons are employees within the meaning of section
2(l)(dd) and subject to the provisions of that section, that is to say, any
person who is—
(i) employed in railways, otherwise than in a clerical
capacity or on a railway, in connection with the operation repair 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, 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, 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 of any article or part of an article in any premises.
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 of any articles or part of an article shall be deemed to be employed
within such premises or precincts; or
(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, 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) [***]
(c) any sea-going ship not included in sub-clause (a)
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 Ports Act, 1908 (15 of 1908) or the Major Port Trusts Act, 1963
(38 of 1963)], 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 unmooringships at harbour wall berths t)r in
pier; or
(d) removing or replacing dry dock caisoons when vessels are
entering or leaving dry docks; or
(e) the docking or undocking or 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
(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, in the construction, working, repair or
demolition of any aerial ropeway, canal, pipeline, or sewer; or
(xi) employed in the service of any fire brigade; or
(xii) employed upon a railway as defined in clause (31)
of section 2 and sub-section (1) of section 197 of the Railways Act, 1989 (24
of 1989), 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, 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, in connection with operations for winning
natural petroleum or natural gas; or
(xv) employed in any occupation involving blasting
operations; or
(xvi) employed in the making of any excavation or explosives
have been used, or whose depth from its highest to its lowest point exceeds
twelve feet; or
(xvii) employed in the operation of any ferry boat capable of
carrying more than ten persons; or
(xviii) employed on any estate which is maintained for the
purpose of growing cardamom, cinchona, coffee, rubber or tea; or
(xix) employed, in the generating, transforming, transmitting
or distribution of electrical energy or in generation or supply 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
(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
(xxv)] employed as a
driver ; 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,
or
(b) any market; or
(xxvii) employed in any occupation involving the handling and
manipulation of radium or X-rays apparatus, or contact with radio-active
substances or
(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 horticultural operations, forestry,
bee-keeping or farming by tractors or other contrivances driven by steam or
other mechanical power or by electricity; or
(xxx) employed, in the construction, working, repair or
maintenance of a tube well; or
(xxxi) employed in the maintenance, repair or renewal of
electric fittings in any building; or
(xxxii) employed in a circus.]
(xxxiii) employed as watchman in any factory or
establishment; or
(xxxiv) employed in any operation in the sea for catching
fish; or
(xxxv) employed in any employment which requires handling of
snakes for the purpose of extraction of venom or for the purpose of looking
after snakes or handling any other poisonous animal or insect; or
(xxxvi) employed in handling animals like horses, mules and
bulls; or
(xxxvii) employed for the purpose of loading or unloading any
mechanically propelled vehicle or in the handling or transport of goods which
have been loaded in such vehicles; or
(xxxviii) employed in cleaning of sewer lines or septic tanks
within the limits of a local authority; or
(xxxix) employed on surveys and investigation, exploration or
gauge or discharge observation of rivers including drilling operations,
hydro-logical observations and flood forecasting activities ground, water
surveys and exploration; or
(xl) employed in cleaning of jungles or reclaiming land or
ponds; or
(xli) employed in cultivation of land or rearing and maintenance
of livestock or forest operations or fishing; or
(xlii) employed in installation, maintenance or repair of
pumping equipment used for lifting of water from wells, tubewells, ponds,
lakes, streams and the like; or
(xliii) employed in the construction, boring or deepening of
an open well or dug well, bore well, bore-cum-dug well, filter-point and the
like; or
(xliv) employed in spraying and dusting of insecticides or
pesticides in agricultural operations or plantations; or
(xlv) employed in mechanised harvesting and threshing
operations; or
(xlvi) employed in working or repair or maintenance of
bulldozers, tractors, power tillers and the like; or
(xlvii) employed as artist for drawing pictures on
advertisement boards at a height of 3.66 metres or more from the ground level;
or
(xlviii) employed in any newspaper establishment as defined
in the Working Journalists and other Newspaper Employees (Conditions of
Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) and engaged in
outdoor work;]
(xlix) employed as divers for work under water.]
Explanation.— [***]
(See section 3)
LIST OF OCCUPATIONAL DISEASES
S. No.
|
Occupational disease
|
Employment
|
(1)
|
(2)
|
(3)
|
PART A
|
||
1.
|
Infectious
and parasitic diseases contracted in an occupation where there is a
particular risk of contamination.
|
(a)
All work involving exposure to health or laboratory work;
|
(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 particular risk of contamination.
|
||
2.
|
Diseases
caused “by work in compressed air.
|
All
work involving exposure to the risk concerned.
|
3.
|
Diseases
caused by lead or its toxic compounds.
|
All
work involving exposure to the risk concerned.
|
4.
|
Poisoning
by nitrous fumes.
|
All
work involving exposure to the risk concerned.
|
5.
|
Poisoning
by organo phosphorus compounds.
|
All
work involving exposure to the risk concerned.
|
PART B
|
||
1.
|
Diseases
caused by phosphorus or its toxic compounds.
|
All
work involving exposure to the risk concerned.
|
2.
|
Diseases
caused by mercury or its toxic compounds.
|
All
work involving exposure to the risk concerned.
|
3.
|
Diseases
caused by benzene or its toxic homologues.
|
All
work involving exposure to the risk concerned.
|
4.
|
Diseases
caused by nitro and amido toxic derivatives of benzene or its homologues.
|
All
work involving exposure to the risk concerned.
|
5.
|
Diseases
caused by chromium or its toxic compounds.
|
All
work involving exposure to the risk concerned.
|
6.
|
Diseases
caused by arsenic or its toxic compounds.
|
All
work involving exposure to the risk concerned.
|
7.
|
Diseases
caused by radioactive substances and ionising radiations.
|
All
work involving exposure to the action of radioactive substances or ionising
radiations.
|
8.
|
Primary
epitheliomatous cancer of the skin caused by tar, pitch, bitumen, mineral
oil, anthracene, or the compounds, products or residues of these substances.
|
All
work involving exposure to the risk concerned.
|
9.
|
Disease
caused by the toxic halogen derivatives of hydrocarbons (of the aliphatic
and aromatic series)
|
All
work involving exposure to the risk concerned.
|
10.
Diseases caused by carbon disulphide.
|
All
work involving exposure to the risk concerned.
|
|
11.
|
Occupational
cataract due to infra-red radiations.
|
All
work involving exposure to the risk concerned.
|
12.
|
Diseases
caused by manganese or its toxic compounds.
|
All
work involving exposure to the risk concerned.
|
13.
|
Skin
diseases caused by physical, chemical or biological agents not included in
other items.
|
All
work involving exposure to the risk concerned.
|
14.
|
Hearing
impairment caused by noise.
|
All
work involving exposure to the risk concerned.
|
15.
|
Poisoning
by dinitrophenol or a homologue or by substituted dinitrophenol or by the
salts of such substances.
|
All
work involving exposure to the risk concerned.
|
16.
|
Diseases
caused by beryllium of its toxic compounds.
|
All
work involving exposure to the risk concerned.
|
17.
|
Diseases
caused by cadmium or its toxic compounds
|
All
work involving exposure to the risk concerned.
|
18.
|
Occupational
asthma caused by recognised sensitising agents inherent to the work process.
|
All
work involving exposure to the risk concerned.
|
19.
|
Diseases
caused by fluorine or its toxic compounds.
|
All
work involving exposure to the risk concerned.
|
20.
|
Diseases
caused by nitroglycerine or other nitroacid esters.
|
All
work involving exposure to the risk concerned.
|
21.
|
Diseases
caused by alcohols and ketones.
|
All
work involving exposure to the risk concerned.
|
22.
|
Diseases
caused by asphyxiants:carbon monoxide, and its toxic derivatives, hydrogen
sulfide.
|
All
work involving exposure to the risk concerned.
|
23.
|
Lung
cancer and mesothe liomas caused by asbestos.
|
All
work involving exposure to the risk concerned.
|
24.
|
Primary
neoplasm of the epithelial lining of the urinary bladder or the kidney or
the ureter.
|
All
work involving exposure to the risk concerned.
|
25.
|
Snow
blindness in snow bound areas.
|
All
work involving exposure to the risk concerned.
|
26.
|
Disease
due to effect of heat in extreme hot climate.
|
All
work involving exposure to the risk concerned.
|
27.
|
Disease
due to effect of cold in extreme cold climate:
|
All
work involving exposure to the risk concerned.]
|
PART C
|
||
1.
|
Pneumoconioses
caused by sclerogenic mineral dust (silicosis, anthraoosilicosis, asbestosis)
and silico-tuberculosis provided that silicosis is an essential factor in
causing the resultant incapacity or death.
|
All
work involving exposure to the risk concerned.
|
2.
|
Bagassosis.
|
All
work involving exposure to the risk concerned.
|
3.
|
Bronchopulmonary
diseases caused by cotton, flax hemp and sisal dust (Byssinosis).
|
All
work involving exposure to the risk concerned.
|
4.
|
Extrinsic
allergic alveelitis caused by the inhalation of organic dusts.
|
All
work involving exposure to the risk concerned.
|
5.
|
Bronchopulmonary
diseases caused by hard metals.
|
All
work involving exposure to the risk concerned.
|
6.
|
Acute
Pulmonary Oedema of High Altitude.
|
All
work involving exposure to the risk concerned.
|
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 the employee immediately preceding
the date on which the compensation fell due
|
Factors
|
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
|
194.64
|
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
|
135.96
|
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]
|
***
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