The Employees Compensation Act, 1923
THE EMPLOYEE’S COMPENSATION ACT, 1923

____________

ARRANGEMENT OF SECTIONS

____________

CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.
2. Definitions.

CHAPTER II

EMPLOYEE’S COMPENSATION

3. Employer’s liability for compensation.
4. Amount of compensation.
4A. Compensation to be paid when due and penalty for default.
5. Method of calculating wages.
6. Review.
7. Commutation of half-monthly payments.
8. Distribution of compensation.
9. Compensation not to be assigned, attached or charged.
10. Notice and claim.
10A. Power to require from employers statements regarding fatal accidents.
10B. Reports of fatal accidents and serious bodily injuries.
11. Medical examination.
12. Contracting.
13. Remedies of employer against stranger.
14. Insolvency of employer.
14A. Compensation to be first charge on assets transferred by employer.
15. Special provisions relating to masters and seamen.
15A. Special provisions relating to captains and other members of crew of aircrafts.
15B. Special provisions relating to employees abroad of companies and motor vehicles.
16. Returns as to compensation.
17. Contracting out.
17A.Duty of employer to inform employee of his rights.
18. [Repealed.].
18A. Penalties.

CHAPTER III

COMMISSIONERS

19. Reference to Commissioners.
20. Appointment of Commissioners.
21. Venue of proceedings and transfer.
22. Form of application.
22A. Power of Commissioner to require further deposit in cases of fatal accident.

1


-----

SECTIONS

23. Powers and procedure of Commissioners.
24. Appearance of parties.
25. Method of recording evidence.
25A. Time limit of disposal of cases relating to compensation.
26. Costs.
27. Power to submit eases.
28. Registration of Agreements.
29. Effect of failure to register agreement.
30. Appeals.
30A. [Omitted.].
31. Recovery.

CHAPTER IV

RULES

32. Power of the State Government to make rules.
33. [Repealed.].
34. Publication of rules.
35. Rules to give effect to arrangements with other countries for the transfer of money paid as

compensation.

36. Rules made by Central Government to be laid before Parliament.

SCHEDULE I.—LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL

DISABLEMENT.

SCHEDULE II.—LIST OF PERSONS WHO, SUBJECT TO THE PROVISIONS OF SECTION 2

(1) (nn),’ ARE INCLUDED IN THE DEFINITION OF EMPLOYEES.

SCHEDULE III.—LIST OF OCCUPATIONAL DISEASES.

SCHEDULE IV.—FACTORS FOR WORKING OUT LUMP SUM EQUIVALENT OF

COMPENSATION AMOUNT IN CASE OF PERMANENT DISABLEMENT
AND DEATH.

2


-----

# THE EMPLOYEE’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 [2][employees] of
 compensation for injury by accident.

WHEREAS it is expedient to provide for the payment by certain classes of employers to their

3[employees] of compensation for injury by accident; It is hereby enacted as follows:—

CHAPTER I

PRELIMINARY

**1. Short title, extent and commencement.—(1) This Act may be called the** [4][Employee’s]

Compensation Act, 1923.

5[(2) It extends to the whole of India 6***.]

(3) It shall come into force on the first day of July, 1924.

**2. Definitions.—(1) In this Act, unless there is anything repugnant in the subject or context,—**

7*     -     -     -     
(b) “Commissioner” means a Commissioner for Workmen’s Compensation appointed under

section 20;

(c) “compensation” means compensation as provided for by this Act;

8[(d) “dependant” means any of the following relatives of a deceased 9[employee], namely:—

(i) a widow, a minor [10][legitimate or adopted] son, and unmarried [10][legitimate or adopted]

daughter, or a widowed mother; and

(ii) if wholly dependent on the earnings of the [9][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 [9][employee] at the time of his death,

(a) a widower,

(b) a parent other than a widowed mother,

1. This Act has been extended to—

(1)Goa, Doman and Diu by Reg. 12 of 1962, s. 3 and Sch. (w.e.f. 15-8-1963);
(2) Dadra cud Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I;
(3) Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I; and
(4) 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 to that
Act.
2. Subs. by Act 45 of 2009, s. 2, for “workmen” (w.e.f. 18-1-2010 )
3. Subs. by s. 3, ibid., for “workmen” (w.e.f. 18-1-2010).
4. Subs. by s. 4, ibid., for “Workmen’s” (w.e.f. 18-1-2010 )
5. Subs. by the A. O. 1950, for sub-section (2).
6. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and Schedule (w.e.f. 1-9-1971).
7. Clause (a) omitted by Act 8 of 1959, s. 2 (w.e.f. 1-6-1959).
8. Subs. by s. 2, ibid., for the clause (d) (w.e.f. 1-6-1959).
9. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010)
10. Subs. by Act 30 of 1995, s. 2 for “legitimate” (w.e.f. 15-9-1995).

3


-----

(c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter

1[legitimate or illegitimate or adopted] 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 [2][employee]is alive.]

3[Explanation.—For the purpose of sub-clause (ii) and items (f) and (g) of

sub-clause (iii), references to a son, dauthter or child include an adopted son, daughter or
child respectively;

4[(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 member 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 anybody 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
a[2][employee] are temporarily lent or let on hire to another person by the person with whom the
2[employee] has entered into a contract of service or apprenticeship, means-such other person while
the [2][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;

1. Subs. by Act 30 of 1995, s. 2, for “legitimate or illegitimate” (w.e.f. 15-9-1995).
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010).
3. Ins. by Act 30 of 1995, 2 (w.e.f.15-9-1995).
4. Ins. by Act 45 of 2009, s. 6 (w.e.f. 18-1-2010).

4


-----

1[(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 [2][employee] 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 [3][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 [4]* * * under any [5][Central Act,

Provincial Act or an Act of the Legislature of a [6][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;

7*     -     -     -     
(k) “seaman” means any person forming part of the crew of any [8]* * * ship, but does not include

the master of[9][the] ship;

(l) “total disablement” means such disablement, whether of a temporary or permanent nature, as

incapacitates a[2][employee] for all work which he was capable of performing at the time of the
accident resulting in such disablement:

10[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 H 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 of a[2][employee] towards any pension or provident fund or a sum paid to a[2][employee] to
cover any special expenses entailed on him by the nature of his employment;

11*     -     -     -     
(2) The exercise and performance of the powers and duties of a local authority or of any department

12[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.

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. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010 )
3. Subs. by Act 64 of 1962, s. 2, for “in the First Schedule” (w.e.f. 1-2-1963).
4. The words and figures “under the Medical Act, 1858, or any Act amending the same, or” omitted by Act 8 of 1959, s. 2

(w.e.f. 1-61959).

5. Subs. by the A.O. 1950, for “Act of the Central Legislature or of any Legislature in a Province of India”
6. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part A State or Part B State”.
7. Clause (j) rep. by Act 15 of 1933, s. 2.
8. The word “registered” omitted by s. 2, ibid.
9. Subs. by s. 2, ibid.,for “any such”.
10. Subs. by Act 64 of 1962, s. 2, for the proviso (w.e.f. 1-2-1963).
11. Clause (n) omitted by Act 45 of 2009, s. 6 (w.e.f. 18-1-2010).
12. Subs. by A. O. 1937, for “of the Govt.”.

5


-----

1[(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 H 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 person:

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.]

CHAPTER II

WORKMEN’SCOMPENSATION

**3. Employer’s liability for compensation.—(1) If personal injury is caused to a** [2][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

2[employee] for a period exceeding 3[three] days;

(b) in respect of any [4][injury, not resulting in death[5][or permanent total disablement], caused by]

an accident which is directly attributable to—

(i) the[2][employee] having been at the time thereof under the influence of drink or drugs, or

(ii) thewilful disobedience of the [2][employee] to an order expressly given, or to a rule

expressly framed, for the purpose of securing the safety of employee’s, or

(iii) thewilful removal or disregard by the [2][employee] of any safety guard or other device

which he knew to have been provided for the purpose of securing the safety of [6][employees] [7]***

8*                     *              *                *               *

9[(2) If a[employee] employed in any employment specified in Pat A of Schedule III contracts any

disease specified therein as an occupational disease peculiar to that employment, or if a[2][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 a[2][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

1. Subs. by Act 30 of 1995, s.2, for sub-section (3) (w.e.f. 15-9-1995).
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010).
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. Ins. by Act 30 of 1995, s. 3 (w.e.f. 15-9-1995).
6. Subs. by Act 45 of 2009, s. 5, for “workmen” (w.e.f. 18-1-2010).
7. The word “or” omitted by Act 5 of 1929, s. 2.
8. Clause (c)omitted by s. 2, ibid.
9. Subs. by Act 8 of 1959, s. 3, for sub-sections (2)and (3) (w.e.f. 1-6-1959).

6


-----

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 [2][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 a[2][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.]

3[(2A) If a2[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) [4][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 subsection (2) shall apply [5][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] [6]*** as if
such diseases had been declared by this Act to be occupational diseases peculiar to those employments.]

(4)Save as provided by [7][sub-sections (2), (2A)] and (3) no compensation shall be payable to

a[2][employee] in respect of any disease unless the disease is [8]*** 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[2][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 a[2][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

1. Ins. by Act 64 of 1962, s. 3 (w.e.f. 1-2-1963).
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010).
3. Subs. by Act 64 of 1962, s. 3, for sub-section (2A) (w.e.f. 1-2-1963).
4. Subs. by Act 30 of 1995, s. 3, for certain words (w.e.f. 15-9-1995).
5. Ins. by s. 3, ibid. (w.e.f. 15-9-1995).
6. Certain words omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
7. Subs. by Act 8 of 1959, s. 3, for “sub-section (2)” (w.e.f. 1-6-1959).
8. The words “solely and” omitted by Act 15 of 1933, s. 3.

7


-----

(b) if an agreement has been come to between the [1][employee] and his employer providing for the

payment of compensation in respect of the injury in accordance with the provisions of this Act.

2[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 from the injury an amount equal to [3][fifty per cent.] of the
monthly wages of the deceased 1[employee]

multiplied by the relevant factor;

or

an amount of [4][one lakh and twenty thousand
rupees], whichever is more;


(b) where permanent total disablement
results from the injury


an amount equal to [5][sixty per cent.] of the
monthly wages of the injured 1[employee]

multiplied by the relevant factor;

or

an amount of [6][one lakh and forty thousand
rupees],whichever is more:


7[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);]

_Explanation I.—For the purposes of clause (a) and clause (b), “relevant factor”, in relation to_

a[1][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 [1][employee] on his last birthday immediately preceding the date on which the
compensation fell due.

_8*    *                 *                          **_
(c) where permanent partial disablement (i) in the case of an injury specified in Part II of
results from the injury. 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.

1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010)
2. Subs. by Act 22 of 1984, s. 3, for s. 4 (w.e.f. 1-7-1984).
3. Subs. by Act 30 of 1995, s. 4, for “forty per cent.” (w.e.f. 15-9-1995).
4. Subs. by Act 45 of 2009, s. 7, for “eighty thousand rupees” (w.e.f. 18-1-2010). Earlier it was amended by Act 46 of 2000, s. 3

(w.e.f. 8-12-2000).

5. Subs. by Act 45 of 1995, s.4,for “fifty per cent.” (w.e.f. 15-9-1995).
6. Subs. by Act 45 of 2009, s. 7, for “ninety thousand rupees” (w.e.f. 18-1-2010). Earlier it was amended by Act 46 of 2000, s. 3

(w.e.f. 8-12-2000).

7. Ins. by s. 7, ibid. (w.e.f. 18-1-2010).
8. Explanation II omitted by s. 7, ibid. (w.e.f.18-1-2010).

8


-----

_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 disablement, whether total
or partial results from the injury


a half-monthly payment of the sum equivalent
to twenty-five per cent. of monthly wages of
the [1][employee], to be paid in accordance with
the provisions of sub-section (2).


2[(1A) Notwithstanding anything contained in sub-section (1), while fixing the amount of

compensation payable to a[1][employee] in respect of an accident occurred outside India, the Commissioner
shall take into account the amount of compensation, if any, awarded to such [1][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 [1][employee] in accordance with the law of that country.]

3[(1B) The Central Government may, by notification in the Official Gazette, specify, for the purposes

of sub-section (I), such monthly wages in relation to an employee as it may consider necessary;]

(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 deducted from any lump sum or half-monthly payments to which the [1][employee]

is entitled the amount of any payment or allowance which the [1][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 [1][employee] before the accident execeds half the amount of such
wages which he is earning after the accident.

_Explanation.—Any payment or allowance which the_ [1][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.

3[(2A) The employee shall be reimbursed the actual medical expenditure incurred by him for

treatment of injuries caused during the course of employment.]

1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f . 18-1-2010).
2. Ins. by Act 30 of 1995, s. 4 (w.e.f. 15-9-1995).
3. Ins. by Act 45 of 2009, s. 7 (w.e.f. 18-1-2010).

9


-----

(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[(4) If the injury of the 2[employee] results his death, the employer shall, in addition to the

compensation under sub-section (1), deposit with the Commissioner a sum of [3][two thousand and five
hundred rupees] for payment of the same to the eldest surviving dependant of the [2][employee] towards the
expenditure of the funeral of such [2][employee] or where the[2][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.]

4[Provided that the Central Government may, by notification in the Official Gazette, from time to

time, enhance the amount specified in this sub-section.]

5[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 [2][employee], as the case may be,
without prejudice to the right of the [2][employee] to make any further claim.

6[(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.

7[(3A) The interest and the penalty payable under sub-section (3) shall be paid to the 2[employee] or

his dependant, as the case may be.]

**5.[8][Method of calculating wages.—[8]***[9][In this Act and for the purposes thereof the expression**

“monthly wages” means me amount of wages deemed to be payable for a month’s service (whether the

1. Ins. by Act 30 of 1995, s. 4 (w.e.f.15-9-1995).
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
3. Subs. by Act 46 of 2000, s. 3, for “one thousand rupees” (w.e.f.8-12-2000).
4. Ins. by Act 45 of 2009, s. 7 (w. e. f. 18-1-2010).
5. Ins. by Act 8 of 1959, s. 5 (w.e.f.1-6-1959).
6. Subs. by Act 30 of 1995, s. 5 for sub-section (3) (w.e.f.15-9-1995),
7. Subs. by Act 46 of 2000, s. 4, for sub-section (3A) (w.e.f.8-12-2000).
8.The brackets and figure “(1)” omitted by Act 9 of 1938, s. 4. Earlier section 5 was re-numbered as sub-section (1) of that

section by Act 5 of 1929, s. 3.

9. 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

calculated”. The words in italics subs. by Act 15 of 1933, s. 5, for “section 4”.

10


-----

wages are payable by the month or by whatever other period or at piece rates), and calculated] as follows,
namely:—

(a) where the [1][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 [1][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;

2[(b) where the whole of the continuous period of service immediately preceding the accident

during which the [1][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 [1][employee] shall be [3]*** the
average monthly amount which, during the twelve months immediately preceding the accident, was
being earned by a[1][employee] employed on the same work by the same employer, or, if there was no
1[employee] so employed, by a1[employee] employed on similar work in the same locality;]

4[(c)] 5[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.

6*     -     -     -     
_Explanation.—A period of service shall, for the purposes of_ [7][this [8][section]] be deemed to be

continuous which has not been interrupted by a period of absence from work exceeding fourteen
days.

9*  -  -  -  
**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 [1][employee] accompanied by the certificate of a qualified
medical practitioner that there has been a change in the condition of the [1][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 [1][employee] is entitled less any amount which he
has already received by way 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
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.

1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010).
2. Ins. by Act 15 of 1933, s. 5.
3. The words “deemed to be” omitted by Act 13 of 1939, s. 2 (w.e.f. 30-6-1934).
4. Clause (b) relettered as clause (c) by Act 15 of 1933, s. 5.
5. Subs. by Act 8 of 1959, s. 6, for “in other cases” (w.e.f. 1-6-1959).
6. The proviso omitted by Act 15 of 1933, s. 5.
7. Subs. by Act 5 of 1929, s. 3, for “this section”.
8. Subs. by Act 9 of 1938, s. 4, for “sub-section”.
9. Sub-section (2) omitted by Act 15 of 1933, s. 5. Earlier it was added by Act 5 of 1929, s. 3.

11


-----

**8. Distribution of compensation.—[1][(1) No payment of compensation in respect of a** [2][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:

3[Provided that, in the case of a deceased 2[employee], an employer may make to any dependant

advances on account of compensation [4][of an amount equal to three months’ wages of such [2][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) [5][as compensation in respect of a deceased

2[employee] the Commissioner 6*** 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.

7[(5) Compensation deposited in respect of a deceased 2[employee] shall, subject to any deduction

made under sub-section (4), be apportioned among the dependants of the deceased [2][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 [2][employee].]

8[(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 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:

1. Subs. by Act 5 of 1929, s. 4, for sub-sections (1) to (3).
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
3. Subs. by Act 15 of 1933, s. 6, for the proviso.
4. Ins. by Act 5 of 1929, s. 4.
5. Subs. by Act 30 of 1995, s. 6, for certain words (w.e.f.15-9-1995).
6. Certain words omitted by Act 30 of 1995, s. 6 (w.e.f.15-9-1995).
7. Subs. by Act 5 of 1929, s. 4, for sub-section (5).
8. Sub-section (6) renumbered as sub-section (8) by Act 5 of 1929, s. 4.

12


-----

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.

1[(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. 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 [2][employee] by operation of law,
nor shall any- claim be set off against the same.

**10. Notice and claim.—(1)** [3][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 [4][two years] of the
occurrence of the accident or, in case of death, within [4][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 [2][employee] was continuously absent from work in consequence of the
disablement caused by the disease:

5[Provided further that in case of partial disablement due to the contracting of any such disease and

which does not force the [2][employee] to absent himself from work, the period of two years shall be
counted from the day the[2][employee]gives notice of the disablement to his employer:

Provided further that if a [2][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, ceasesto 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:]

6[Provided further that the want of or any defect or irregularity in a notice shall not be a bar to the

7[entertainment of a claim]—

(a) if the claim is [8][preferred] in respect of the death of a[2][employee] resulting from an accident

which occurred on the premises of the employer, or at any place where the [2][employee] at the time of
the accident was working under the control of- the employer or of any person employed by him, and
the [2][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 [9][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 [2][employee] was

1. Ins. by Act 5 of 1929, s. 4.
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010).
3. Subs. by Act 9 of 1938, s. 5, for the original words.
4. Subs. by Act 8 of 1959, s. 8, for “one year” (w.e.f. 1-6-1959).
5. Ins. by Act 64 of 1962, s. 5 (w.e.f. 1-2-1963).
6. Ins. by Act 15 of 1933, s. 7.
7. Subs. by Act 9 of 1938, s. 5, for “maintenance of proceedings”.
8. Subs. by s. 5, ibid.
9. Ins. by s. 5, ibid.

13


-----

employed] had knowledge of the accident from any other source at or about the time when it
occurred:

Provided further, that the Commissioner may [1][entertain] and decide any claim to compensation in

any case notwithstanding that the notice has not been given, or the claim has not been [2][preferred], in due
time as provided in this sub-section, if he is satisfied that the failure so to give the notice of [3][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 persons injured and shall state in

ordinary language the cause for the injury and the date on which the accident happened, and shall be
served on the employer or upon [4][any one of] several employers, or upon any person [5]*** responsible to
the employer for the management of any branch of the trade or business in which the injured [6][employee]
was employed.

7[(3) The State Government may require that any prescribed class of employers shall maintain at their

premises at which [8][employees] are employed a notice-book, in the prescribed form, which shall be
readily accessible at all reasonable times to any injured[6][employee] 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.]

9[10A. Power to require from employers statements regarding fatal accidents.—(1) Where a

Commissioner receives information from any source that a[6][employee] 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 [6][employee], 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.

(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 [6][employee], 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.

1. Subs. by Act 9 of 1938, s. 5, for “admit”.
2. Subs. by s. 5, ibid., for “instituted”.
3. Subs. by s. 5, ibid., for “institute”.
4. Subs. by Act 7 of 1924, s. 2 and the First Schedule, for “any one or”.
5. The word “directly” omitted by Act 9 of 1938, s. 5.
6. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
7. Subs. by Act 15 of 1933, s. 7, for sub-section (3).
8. Subs. by Act 45 of 2009, s. 5, for “workmen” (w.e.f. 18-1-2010).
9. Ins. by Act 15 of 1933, s. 8.

14


-----

**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.—(1) Where a [2][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 [2][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[2][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[2][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[2][employee], before the expiry of 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[2][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 [2][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.

1. Ins. by Act 8 of 1959, s. 9 (w.e.f.1-6-1959).
2. Subs. by Act 45 of 2009, s. 5, for “Workman” (w.e.f.18-1-2010).

15


-----

(6) Where an injured [1][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,[2][if it is proved that the
1[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 [1][employee] had been regularly attended by a qualified medical
practitioner [3][whose instructions he had followed]., and compensation, it any, shall be payable
accordingly.

**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 [1][employee] employed in the execution of the work any compensation which he
would have been liable to pay if that [1][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 [1][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 [4][,or any other person, from whom the [1][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 [1][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[1][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. Remedies of employer against stranger.—Where a[1][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. 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 [1][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
1[employee], and upon any such transfer the insurers shall have the same rights and remedies and be

1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
2. Subs. by Act 9 of 1938, s. 6, for certain words.
3. Ins. by s. 6, ibid.
4. Ins. by Act 15 of 1933, s. 9.

16


-----

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 [1][employee] than they would have been under to the employer.

(2) If the liability of the insurers to the [1][employee] is less than the liability of the employer to the

1[employee], the 1[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 [1][employee]:

Provided that the provisions of this sub-section shall not apply in any case in which the [1][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 [2][section 530 of the Companies Act, 1956 (1 of 1956)] arc 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 ease 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 ease 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.

3[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 where for 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.—This Act shall apply in the case of**

4[employees] who are masters of 5*** 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.

1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
2. Subs. by Act 30 of 1995, s. 7, for certain words (w.e.f.15-9-1995).
3. Ins. by Act 8 of 1959, s. 10 (w.e.f.1-6-1959).
4. Subs. by Act 45 of 2009, s. 5, for “workmen” (w.e.f.18-1-2010).
5. The word “registered” omitted by Act 15 of 1933, s. 10.

17


-----

(2) In the case of the death of a master or seaman, the claim for compensation shall be made

within [1][one year] after the news of the death has been received by the claimant or, wherethe 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:

2[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 [3][India or] [4][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.

5*                 *                    *               *              *

6[(4)] No 7[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 [8]*** relating to merchant shipping, liable to defray
the expenses of maintenance of the injured master or seaman.

9[(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 & 3 Geo.), or under the War Pensions and Detention Allowances (Indian Seamen)
Scheme, 1942 (6, c. 83), 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—

1. Subs. by Act 8 of 1959, s. 11, for “six months” (w.e.f.1-6-1959).
2. Added by s. 11, ibid. (w.e.f.1-6-1959).
3. Ins. by the A.O. 1950.
4. Subs. by Act 22 of 1984, s. 4, for certain words (w.e.f.1-7-1984).
5. Clause (4) omitted by Act 9 of 1938, s. 7.
6. Clause (5) renumbered as clause (4) of that section by s. 7, ibid.
7. Subs. by Act 7 of 1924, s. 2 and the First Schedule, for “monthly payment”.
8. The words “in Part A States and Part C States” omitted by Act 3 of 1951, s. 3, and the Schedule.
9. Subs. by Act 1 of 1942, s. 2 (w.e.f.3-9-1939).

18


-----

(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.]

1[15A. Special provisions relating to captains and other members of crew of aircrafts.—This Act

shall apply in the case of [2][employees] who are captains or other members of the crew of aircrafts 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 captain of the aircraft, be served on the captain of the aircraft as if he were the
employer, but where the accident happened and the disablement commenced on board the aircraft it
shall not be necessary for any member of the crew to give notice of the accident.

(2) In the case of the death of the captain or other member of the crew, 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 aircraft has been or is deemed to have been lost with all hands, within eighteen
months of the date on which the aircraft was, or is deemed to have been, so lost:

Provided that the Commissioner may entertain any claim for 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 captain or other member of the crew of the aircraft is discharged or left

behind in any part of India or in any other 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 claims, 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;

(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 proceedings 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.

**15B. Special provisions relating to [2][employees] abroad of companies and motor vehicles.—This**

Act shall apply—

(i) in the case of [2][employees] who are persons recruited by companies registered in India and

working as such abroad, and

1. Ins. by Act 30 of 1995, s. 8 (w.e.f.15-9-1995).
2. Subs. by Act 45 of 2009, s. 5, for “workmen” (w.e.f.18-1-2010).

19


-----

(ii) persons sent for work abroad along with motor vehicles registered under the Motor Vehicles,

Act, 1988 (59 of 1988) as drivers, helpers, mechanics, cleaners or other [1][employees], subject to the
following modifications, namely:—

(1) The notice of the accident and the claim for compensation may be served on the local

agent of the company, or the local agent of the owner of the motor vehicle, in the country of
accident, as the case may be.

(2) In the case of death of the [2][employee] in respect of whom the provisions of this section

shall apply, the claim for compensation shall be made within one year after the news of the death
has been received by the claimant:

Provided that the Commissioner may entertain any claim for compensation in any case

notwithstanding that the claim has not been preferred in due time as provided in this subsection, if
he is satisfied that the failure so to prefer the claim was due to sufficient cause.

(3) Where an injured [2][employee] is discharged or left behind in any part of India or in any

other 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 claims,
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;

(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 017 official character of the peron
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 proceding vas 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.]

**16. Returns as to compensation.—The** [3][State Government] may by notification in the Official

Gazette, direct that every person employing [1][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 [3][State Government] may direct.

**17. Contracting out.—Any contract or agreement whether made before or after the commencement**

of this Act, whereby a[2][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.

4[17A.Duty of employer to inform employee of his rights.—Every employer shall immediately at

the time of employment of an employee, inform the employee of his rights to compensation under this

1. Subs. by Act 45 of 2009, s. 5, for “workmen” (w.e.f.18-1-2010).
2. Subs. by s. 5,ibid., for “workman” (w.e.f.18-1-2010).
3. Subs. by the A.O. 1937, for “G.G. in C”.
4. Ins. by Act 11 of 2017, s. 2 (w.e.f.15-5-2017).

20


-----

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. [Proof of age.] Rep. by the Workmen’s Compensation (Amendment) Act, 1959 (8 of 1959) s. 12_**

_(w.e.f. 1-6-1959)._

1[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 sent under

sub-section (1) of section 10A, or

(c) fails to send a report which he is required to sent under section 10B, or

(d) fails to make a return which he is required to make under [2][section 16, or]

3[(e) fails to inform the employee of his rights to compensation as required under section 17A;]

shall be punishable with fine [4][which shall not be less than fifty thousand rupees but which may extend to
one lakh 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 [5][within six months of the date on which the alleged commission of the offence came to
the knowledge of the Commissioner].]

CHAPTER III

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 question as to whether a person injured is
or is not a [6][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 [7][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.—(1) The State Government may, by notification in the**

Official Gazette, [8][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 education qualifications and experience in personnel
management, human resource development and industrial relations] appoint any person to be a
Commissioner for Workmen’s Compensation for such[9]*** area as may be specified in the notification.

1. Ins. by Act 15 of 1933, s. 11.
2. Subs. by Act 11 of 2017, s. 3, for “section 16” (w.e.f.15-5-2017).
3. Ins. by s. 3, ibid. (w.e.f.15-5-2017).
4. Subs. by s. 3, ibid., for “which may extend to five thousand rupees” (w.e.f.15-5-2017).
5. Subs. by Act 64 of 1962, s. 6, for certain words (w.e.f.1-2-1963).
6. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
7. Subs. by Act 15 of 1933, s. 12, for “the Commissioner”.
8. Ins. by Act 45 of 2009, s. 8 (w.e.f.18-1-2010).
9. The word “local” omitted by Act 64 of 1962, s. 7 (w.e.f.1-2-1963).

21


-----

1[(2) Where more than one Commissioner had 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 proceedings and transfer.—[4][(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 the Commissioner for the area in which—

(a) the accident took place which resulted in the injury; or

(b) the[5][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 [5][employee], being the master of a ship or a seaman or the captain or

a member of the crew of an aircraft or a[5][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 [6][that any matter arising out of any proceedings pending before

him] can be more conveniently depth 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 his for the benefit of any party to the proceedings:

1. Ins. by Act 15 of 1933, s. 13.
2. The word “local” omitted by Act 64 of 1962, s. 7 (w.e.f.1-2-1963).
3. Sub-section (2) and (3) renumbered as sub-sections (3) and (4) to that section respectively by Act 15 of 1933, s. 13.
4. Subs. by Act 30 of 1995, s. 10, for sub-section (1),(w.e.f.15-5-1995).
5. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
6. Subs. by Act 9 of 1938, s. 9, for certain words.

22


-----

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:]

2*****

(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.—[4][(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, [5][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) [6][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) [5][except in the case of an application by dependants for compensation] a concise statement of

the matters on which agreement has and [7][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.

**STATE AMENDMENT**

**Uttar Pradesh**

**Amendment of section 22 of Act No. 8 of 1923.—In section 22 of the Employees’ Compensation**

Act, 1923, in sub-section (1-A) the following proviso shall be inserted at the end, namely:-
1. Ins. by Act 9 of 1938, s. 9.
2. Second proviso omitted by s. 10, ibid. (w.e.f.15-9-1995).
3. Ins. by Act 15 of 1933, s. 14.
4. Subs. by Act 30 of 1995, s. 11, for certain words (w.e.f.15-9-1995).
5. Ins. by Act 15 of 1933, s. 15.
6. Subs. by s. 15, ibid., for “where any such question has arisen, the application”.
7. Subs. by Act 37 of 1925, s. 2 and the First Schedule, for “on”.

23


-----

“Provided that if an application is not made before the Commissioner by an employee or by

dependent or dependents thereof within a period of ninty days from the date of the occurrence of the
accident, then without prejudice to the right conferred to an employee or dependent or dependents thereof
under this act or the rules made thereunder, such application may be filed by an officer authorized by the
State Government in this behalf for the purpose of compensation to be paid to such employee or
dependent or dependents thereof;

Provided further that where it comes to the notice of the Commissioner that applicant for

compensation arising out of same accident has been filed by both the employee or dependent or
dependents thereof and by the officer referred to in the first proviso, the Commissioner shall club both the
applications and decide the same by single order without prejudice to the right of such employee or
dependents thereof.”

[Vide Uttar Pradesh Act 27 of 2018, s. 2]

1[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 [2][employee] 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.—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, [3][and the Commissioner
shall be deemed to be a Civil Court for all the purposes of [4][section 195 and of Chapter XXVI of the Code
of Criminal Procedure, 1973 (2 of 1974)].

5[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.][6]

**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:

1. Ins. by Act 15 of 1933, s. 16.
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
3. Ins. by Act 5 of 1929, s. 5.
4. Subs. by Act 30 of 1995, s. 12, for certain words (w.e.f.15-9-1995).
5. Subs. by Act 8 of 1959, s. 14, for s. 24 (w.e.f.1-6-1959).
6. 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.

24


-----

Provided further that the evidence of any medical witness shall be taken down as nearly as may be

word for word.

**1[25A. Time limit of disposal of cases relating to compensation.—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. 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 eases.—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. Registration of Agreements.—(1) Where the amount of any lump sum payable as compensation**

has been settled by agreement, whether by way or redemption of a half-monthly payment or otherwise, or
where any compensation has been so settled as being payable [2][to a woman or a person under a legal
disability] [3]*** 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;

4*****

(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 [5][to a woman or a person under a legal disability] [6]*** 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 [7][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.—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 an thing 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 [8][employee] by way of compensation whether under the agreement or otherwise.

**30. Appeals.—(1) An appeal shall lie to the High Court from the following orders of a**

Commissioner, namely:—

1. Ins. by Act 45 of 2009, s. 9 (w.e.f.18-1-2010).
2. Subs. by Act 5 of 1929, s. 6, for certain words.
3. The words “or to a dependant” omitted by Act 7 of 1924, s. 3 and the Second Schedule.
4. Clause (b) omitted by Act 5 of 1929, s. 6.
5. Subs. by Act 5 of 1929, s. 6, for certain words.
6. The words “or to any dependant” omitted by Act 7 of 1924, s. 3 and the Second Schedule.
7. Subs. by Act 7 of 1924, s. 2 and Sch. I, for “or may make such order”.
8. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).

25


-----

(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

6[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 than [2][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:

3[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 provisions of section 5 of [4][the Indian Limitation Act, 1963 (36 of 1963)] shall be applicable

to appeals under this section.

**30A.[Withholding of certain payments pending decision of appeal].—Omitted by the Employee’s**

_Compensation (Amendment) Act 2017, s. 5 (w.e.f. 15-5-2017)._

**31. Recovery.—The Commissioner may recover is 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)[5].

CHAPTER IV

RULES

**32. Power of the State Government to make rules.—(/) The [6][State Government] may make rules[7]**

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;

1. Ins. by Act 8 of 1959, s. 15 (w.e.f.1-6-1959).
2. Subs. by Act 11 of 2017, s. 4, for “three hundred rupees” (w.e.f.15-5-2017).
3. Ins. by Act 15 of 1933, s. 17.
4. Subs. by Act 30 of 1995, s. 13, for certain words (w.e.f.15-9-1995).
5. 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.
6. Subs. by the A. O. 1937, for “G. G. in C”,
7. For the Workmen’s Compensation Rules, 1924, see Gazette of India, 1924, Pt. I, p 586.

26


-----

(b) for prescribing the intervals at which and the conditions subject to, which a [1][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 [7][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;[2 ]

(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;[3]***

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; [4]***
(n) for prescribing the cases in which the report referred to in section 10B may be sent to an

authority other than the Commissioner;]

5[(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.]
6[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the

State Legislature].

**33.[Power of Local Government to make rules.] Rep. by the A.O. 1937.**
**34. Publication of rules.—(1) The power to make rules conferred by [7][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 GO of 1897); as that after which a draft of rules proposed to be made under section 32 [8]*** 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.

1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
2. 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.
3. The word “and” at the end of cl. (h) and the original cl. (i) omitted, 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.

4. The word “and” omitted by Act 58 of 1960, s. 3 and the Second Schedule.
5. Ins. by Act 8 of 1959, s. 16 (w.e.f.1-6-1959).
6. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f.15-5-1986).
7. Subs. by the A.O. 1937, for “sections 32 and 33”.
8. The words and figures “or section 33” rep.; ibid.

27


-----

(3) Rules so made shall be published in [1]*** the Official Gazette [2]*** and, on such publication, shall

have effect as if enacted in this Act.

**3[35. Rules to give effect to arrangements with other countries for the transfer of money paid as**

**compensation.—[4][(1)] The Central Government may by notification in the Official Gazette, make rules**
for the transfer [5]*** [6][to any foreign country] of money [7][deposited with] a Commissioner under this Act
8[which has been awarded to or may be due to], any person residing or about to reside in 9[such foreign
country] and for the receipt [10][distribution] and administration in [11][any State] of any money [12][deposited]
under the law relating to Workmen’s compensation [13]*** [14][in any foreign country], [15][which has been
awarded to, or may be due to] any person residing or about to reside in [11][any State]:]

10[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-section (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.

16[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 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 [17][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.]

1. The words “The Gazette of India or” rep., by the A. O. 1937.
2. The words “as the case may be” rep., ibid.
3. Ins. by Act 15 of 1933, s. 20.
4. The original s. 35 renumbered as sub-section (1) of that section by Act 7 of 1937, s. 2.
5. The words “to any Part B State or” ins. by. the A.O. 1948, omitted by Act 3 of 1951, s. 3 and Sch.
6. Subs. by Act 22 of 1984, s. 5, for certain words (w.e.f.1-7-1984).
7. Subs. by Act 7 of 1937, s. 2, for “paid to”.
8. Subs. by s. 2, ibid., for “for the benefit of”.
9. Subs. by Act 22 of 1984, -s. 5, for “such part of country” (w.e.f.1-7-1984).
10. Ins. by Act 7 of 1937, s. 2.
11. Subs. by Act 3 of 1951, s. 3 and Sch., for “a Part A State or Part C State”.
12. Subs. by Act 7 of 1937, s. 2, for “awarded”.
13. 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.

14. Subs. by Act 22 of 1984, s. 5, for certain words (w.e.f.1-7-1984).
15. Subs. by Act 7 of 1937, s. 2, for “and applicable for the benefit of”.
16. Ins. by Act 64 of 1962, s. 8 (w.e.f.1-2-1963).
17. Subs. by Act 65 of 1976, s. 3, for certain words (w.e.f.21-5-1976).

28


-----

Serial
No.


1[SCHEDULE I

[See sections 2(1) and (4)]

2[PART I

LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT]

Description of injury Percentage 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…………………………………………..

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

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 5[20.32 cms.] from tip of acromion …. 80


6[3] Amputation from [7][20.32 cms] from tip of acromion to less than [7][11.43cms.]
below tip of olecranon…….

6[4] Loss of a hand or of the thumb and four fingers of one hand or amputation from
6[11.43] below tip of olecranon…………………………………………………….


70

60


6[5] Loss of thumb…………………………………………… 30

6[6] Loss of thumb and its metacarpal bone…………………………………………… 40

6[7] Loss of four fingers of one hand……………………………………………… 50

6[8] Loss of three fingers of one hand……………………………………………… 30

6[9] Loss of two fingers of one hand…………………………………………………… 20

6[10] Loss of terminal phalanx of thumb……………………………………………… 20

6[10A Guillotine Amputation of tip of thumb without loss of bone……… 10]

1. Subs. by Act 8 of 1959, s. 17, for the first Schedule I (w.e.f. 1-6-1959).
2. Subs. by Act 64 of 1962, s. 9, for 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).
5. Subs. by Act 30 of 1995, s. 14, for “8” (w.e.f.15-9-1995).
6. 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).
7. Subs. by Act 30 of 1995, s. 14 for certain numbers (w.e.f.15-9-1995).

29


-----

Serial Description of injury Percentage of loss
No. of earning

capacity

_Amputation cases—lower limbs_

1[11] Amputation of both feet resulting in end-bearing tumps………………… 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-phalangeal joint……… 40


1[14] Loss of all toes of both feet proximal to the proximal interphalangeal
joint………

1[15] Loss of all toes of both feet distal to the proximal interphalangeal
joint…………


30

20


1[16] Amputation at hip……………………………………………………… 90


1[17] Amputation below hip with stump not exceeding [2][12.70 cms.] in length
measured from tip of great trenchanter……………………………………

1[18] Amputation below hip with stump exceeding [2][12.70 cms.] in length
measured from tip of great trenchanter but not beyond middle
thigh………………………


80

70


1[19] Amputation below hip middle thigh to [2][8.89cms.] blownee…………… 60


1[20] Amputation below knee with stump exceeding [8.89] but not exceeding
5”………..



[50]1


1[21] Amputation below knee with stump exceeding [2][12.70 cms.]…………… [50]1

1[22] Amputation of one foot resulting in end-bearing………………………… [50]1


1[23] Amputation through one foot proximal to the metatarso-phalangeal
joint……………..

1[24] Loss of all toes of one foot through the metatarso-phalangeal
joint…………………

_Other injuries_

1[25] Loss of one eye, without complication, the other being
normal…………………

1[26] Loss of vision of one eye, without complications or disfigurement of eyeball, the other being normal……………………………………………


50

20

40

30


3[26A] Loss of partial vision of one eye……………………………………… 10

1. Subs. by Act 30 of 1995, s. 14 for certain numbers (w.e.f.15-9-1995).
2. Serial No. 7 to 54 as serial Nos. 1 to 48 respectively by Act 64 of 1962 s. 9 (w.e.f. 1-2-1963).
3. Ins. by s. 14, ibid. (w.e.f.15-9-1995).

30


-----

Serial Description of injury Percentage
No. of loss of

earning

capacity

_Loss of—_

_A.—Fingers of right or left_

_hand Index finger_

1[27] Whole 14

1[28] Two phalanges 11

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-phalangcal joint 14

1[40] Part, with some loss of bone 3

_Any other toe_

1[41] Through metatarso-phalangcal joint 3

1[42] Part, with some loss of bone 1

_Two toes of one foot, excluding great toe_

1[43] Through metatarso-phalangcal joint 5

1[44] Part, with some loss of bone 2

_Three toes of one foot, excluding great toe_

1[45] Through metatarso-phalangcal joint 6

1[46] Part, with some loss of bone 3

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).

31


-----

Serial Description of injury Percentage
No. of loss of

earning

capacity

_Four toes of one foot, excluding great toe_

1[47] Through metatarso-phalangcal joint 9

1[48] Part, with some loss of bone 3.]

2[NOTE.—Complete and permament 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.

32


-----

SCHEDULE II

[See[1][section 2 (1) (dd)]]

LIST OF PERSONS WHO, SUBJECT TO THE PROVISIONS OF [1][SECTION 2 (1) (dd)],’ARE INCLUDED IN THE

DEFINITION OF [2][EMPLOYEES]

The following persons are employee’s within the meaning of [1][section 2 (1) (dd)] and subject to the

provisions of that section, that is to say, any person who is—

3[4[(i) 5[employed in railways], in connection with the operation 6[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, [7]***, 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 [8][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 [9]***; [10]***

7[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]

(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, [11]***, 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

12*       -       -       -       
(c) any sea-going ship not included in sub-clause (a) [13]*** provided with sufficient area for

navigation under sails alone; or

1. Subs. by Act 45 of 2009, s. 10, for “section 2(1)(n)” (w.e.f.18-1-2010).
2. Subs. by s. 5, ibid., for “workmen” (w.e.f.18-1-2010).
3. Subs. by Act 15 of 1933, s. 21, for cls. (i) to (xiii).
4. Subs. by Act 8 of 1959, s. 18, for cls. (i) to (ix) (w.e.f.1-6-1959).
5. Subs. by Act 45 of 2009, s. 10, for “employed, otherwise than in a clerical capacity or on a railway” (w.e.f.18-1-2010).
6. Ins. by Act 30 of 1995, s. 15 (w.e.f.15-9-1995).
7. The words “otherwise than in a clerical capacity” omitted by Act 45 of 2010, s. 10 (w.e.f.18-1-2010).
8. Ins. by Act 64 of 1962, s. 10 (w.e.f.1-2-1963).
9. The words “wherein or within the precincts whereof twenty or more persons are so employed” omitted by Act 45 of 2009, s.

10 (w.e.f.18-1-2010).

10. The word “or” omitted by Act 64 of 1962, s. 10 (w.e.f.1-2-1963).
11. The word “other than clerical work” omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).
12. Clause (b) omitted by s. 10, ibid. (w.e.f.18-1-2010).
13. The words, brackets and letter “or sub-clause (b)” omitted by s. 10, ibid. (w.e.f.18-1-2010).

33


-----

(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 [1][(the Ports Act, 1908 (5 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 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

(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 ofships, 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, [2]***, 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 [3][clause _(31) of section 2 and sub-section (1) of_

section 197 of the 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 [4][or as

a telegraphist or as a postal or railway Signaller], or employed in any occupation ordinarily involvingoutdoor work in the Indian Posts and Telegraphs Department; or

(xiv) employed, [5]***, in connection with operations for winning natural petroleum or natural gas;

or

1. Subs. by Act 30 of 1995, s. 15 for certain words (w.e.f.15-9-95).
2. The words “otherwise than in a clerical capacity” omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).
3. Subs. by Act 30 of 1995, s. 15, for certain words (w.e.f.15-9-1995).
4. Ins. by Act 8 of 1959, s. 18 (w.e.f.1-6-1959).
5. The words “otherwise than in a clerical capacity” omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).

34


-----

(xv) employed in any occupation involving blasting operation; or

(xvi) employed in the making of any excavation [1]*** 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

3[(xviii) employed on any estate which is maintained for the purpose of growing cardamom,

cinchona, coffee, rubber or tea; or]

4[(xix) employed, 5***, 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

6[(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]

7[(xxv) employed as a diver; 1[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, [8]***; or

(b) any market [9]***; or

(xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays

apparatus, or contact with radio-active substances;] [10][or]

10(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) [4][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, [11]***, 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.]

1. The words “in which on any one day of the preceding twelve months more than twenty-five persons have been employed”

omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).

2. Subs. by Act 8 of 1959, s. 18, for “twenty” (w.e.f.1-6-1959).
3. Subs. by Act 45 of 2009, s. 10 for item (xviii) (w.e.f.18-1-2010).
4. Subs. by Act 30 of 1995, s. 15, for item (xix) and “employed in farming” (w.e.f.15-9-1995).
5. The words “otherwise than in a clerical capacity” omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).
6. Ins. by Act 9 of 1938, s. 11.
7. Original cl. (xxiii) renumbered (xxv) by s. 11, ibid.
8. The words “and in which on any one day of the preceding twelve months ten or more persons have been so employed” omitted

by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).

9. The words “in which on any one day of the preceding twelve months fifty or more persons have been so employed” omitted by

s. 10, ibid. (w.e.f.18-1-2010).

10. Ins. by Act 8 of 1959, s. 18 (w.e.f. 1-6-1959).
11. The words “otherwise than in a clerical capacity” omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).

35


-----

1[(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 poisionous
animal or insect; or

(xxxvi) employed in handling animals like horses, mules and bulls; or

(xxxvii) employed for the purpose of loading or unloading an 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 dischange observation of

rivers including drilling operations, hydrological observations and flood forecasting activities ground
water surveys and exploration; or

(xl) employed in cleaning of jungles or reclaiming land or ponds[2]***; or

(xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations

of fishing [2]***; 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 and engaged
in outdoor work].

_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.]

1. Ins. by Act 30 of 1995, s. 15 (w.e.f.15-9-1995).
2. The words “in which on any one day of the preceding twelve months more than twenty-five persons have been employed”

omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).

36


-----

Serial
No


1[SCHEDULE III

(See section 3)

LIST OF OCCUPATIONAL DISEASES

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.

2. Diseases caused by work in compressed
air.

3. Diseases caused by lead or its toxic
compounds.


(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.

All work involving exposure to the risk concerned.

All work involving exposure to the risk concerned.


4. Poisoning by nitrous fumes. All work involving exposure to the risk concerned.

Poisoning by
5. All work involving exposure to the risk concerned.
organophosphoruscompounds.

PART B


1. Diseases caused by phosphorus or its toxic
compounds.

2. Diseases caused by mercury or its toxic
compounds.

3. Diseases caused by benzene or its toxic
homologues.

4. Diseases caused by nitro and amido toxic
derivatives of benzene or its homologues.

5. Diseases caused by chromium or its toxic
compounds.

6. Diseases caused by arsenic or its toxic
compounds.

7. Diseases caused by radioactive substances
and ionising radiations;

1. Subs. by Act 22 of 1984, s. 6 for Sch. (w.e.f.1-7-1984).


All work involving exposure to the risk concerned.

All work involving exposure to the risk concerned.

All work involving exposure to the risk concerned.

All work involving exposure to the risk concerned.

All work involving exposure to the risk concerned.

All work involving exposure to the risk concerned.

All work involving exposure to the action of
radioactive substances or ionising radiations.


37


-----

Serial
No


Occupational disease Employment


(1) (2) (3)

8. Primary epitheliomatous cancer of the skin All work involving exposure to the risk concerned.
caused by tar, pitch, bitumen, mineral oil,
anthracene, or the compounds, products or
residues of these substances.

9. Diseases caused by the toxic halogen All work involving exposure to the risk concerned.
derivatives of hydrocarbons (of the
aliphatic and aromatic series).

10. Diseases caused by carbon disulphide. All work involving exposure to the risk concerned.

11. Occupational cataract due to infra-red All work involving exposure to the risk concerned.
radiations.

12. Diseases caused by manganese or its toxic All work involving exposure to the risk concerned.
compounds.

13. Skin diseases caused by physical, All work involving exposure to the risk concerned.
chemical or biological agents not
included in other items.

14. Hearing impairment caused by noise. All work involving exposure to the risk concerned.

15. Poisoning by dinitrophenol or a All work involving exposure to the risk concerned.
homologue or by substituted

dinitrophenol or by the salts of such
substances.

16. Diseases caused by beryllium or its toxic All work involving exposure to the risk concerned.
compounds.

17. Diseases caused by cadmium or its toxic All work involving exposure to the risk concerned.
compounds.

18. Occupational asthma caused by All work involving exposure to the risk concerned.
recognized sensitising agents inherent
to the work process.

19. Diseases caused by fluorine or its toxic All work involving exposure to the risk concerned.
compounds.

20. Diseases caused by nitroglycerine or other All work involving exposure to the risk concerned.
nitroacid esters.

21. Diseases caused by alcohols and All work involving exposure to the risk concerned.
ketones.

22. Diseases caused by asphyxiants: carbon All work involving exposure to the risk concerned.
monoxide, and its toxic derivatives,
hydrogen sulfide.

23. Lung cancer and mesotheliomas caused by All work involving exposure to the risk concerned.
asbestos.


38


-----

Serial
No


Occupational disease Employment


(1) (2) (3)


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.


1[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.

27. Disease due to effect of cold in extreme
cold climate.


All work involving exposure to the risk concerned.

All work involving exposure to the risk
concerned.]


PART C


1. Pneumoconioses caused by sclerogenic
mineral dust (silicoses, anthraoo-silicosis,
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

(Byssionsis),

4. Extrinsic allergic alveelitis caused by the
inhalation of organic dusts.

5. Bronchopulmonary diseases caused by
hard metals.

1. Ins. 64 Act 30 of 1995, of 16 (w.e.f. 15-9-95).


All work involving exposure to the risk concerned.

All work involving exposure to the risk concerned.

All work involving exposure to the risk concerned.


39


-----

1[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
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

not more than 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

2. Subs. by Act 22 of 1984, s. 7, for Sch. IV (w.e.f. 1-7-1984).

40


-----

Completed years of age on the last birthday of the
employee immediately preceding the date on which
the compensation fell due


Factors


1 2

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.]

41


-----

