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THE PERSONAL INJURIES (COMPENSATION INSURANCE) ACT, 1963

Title : THE PERSONAL INJURIES (COMPENSATION INSURANCE) ACT, 1963

Year : 1963



The workmen to whom this Act applies are-

(a) Workmen employed in any employment or class of employment which is, or has been declared to be an essential service under rule 126-AA of1[the Defence of India Rules, 1962 or under rule 119 of the Defence of India Rules, 1971];

(b) The workmen employed in any factory as defined in Clause. (m) of Section. 2 of the Factories Act, 1948 (63 of 1948);

(c) Workmen employed in any mine within the meaning of the Mines Act, 1952 (35 of 1952);

(d) Workmen employed in major port;

(e) Workmen employed in any Plantation as defined in Clause (f) of Section. 2 of the Plantation Labour Act, 1951 (69 of 1951);

(f) Workmen employed in any employment specified in this behalf by the Central Government by notification.

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1. Substituted by Act 75 of 1971, Section. 2 w.e.f. 25th December, 1971.

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(1) There shall, subject to such conditions as may be specified in the Scheme, be payable by an employer in respect of personal injury sustained by a gainfully occupied person who is a workman to whom this Act applies, compensation in addition to any relief provided under the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962), of the amount and kind provided by Section. 7 :

Provided
that where an employer has taken out a policy of insurance, as required by sub-Section (1) of Section. 9, and has made all payments by way of premium thereon which are subsequently due from him in accordance with the provisions of the Scheme or where by the provisions of sub-Section (1) of Section. 9 or of sub-Section (2) of Section. 10 the employer is not required to insure, the Central Government shall assume and discharge on behalf of the employer the employer's liability to pay compensation under this sub-Section,

(2) The compensation payable under this Act shall be payable in accordance with the provisions made in this behalf in the Scheme.

(3) This Section shall be binding on the Government.



Where any person has a right apart from the provisions of this Act and of the Personal Injuries (Emergency Provision) Act, 1962 (59 of 1962), to receive compensation (whether in the form of gratuity, pension, compassionate payment or otherwise) or damages from an employer in respect of a personal injury in respect of which compensation is payable under this Act, the right shall extend only to so much of such compensation or damages as exceeds the amount of compensation payable under this Act.



Where any person in the employ of Government has under the rules regulating the conditions of his service a right apart from the provisions of this Act or of the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962), to receive any sum, whether as extraordinary pension, gratuity, compassionate payment or damages, from the Government in respect of a personal injury in respect of which compensation is payable under this Act, then, notwithstanding anything contained in this Act or the Personal Injuries (Emergency Provisions) Act, 1962, that person shall have the right to receive the sum admissible under those rules and if the sum so admissible is less than the amount payable as compensation under this Act and the Personal Injuries (Emergency Provisions) Act, 1962, then, he shall have a further right to receive an amount equal to the difference between the sum admissible under those rules and the amount of compensation payable under this Act.



(1) The compensation payable under this Act shall, be as follows:-
 
(a) Where death results from the injury, the amount payable in a like case under the Workmen's Compensation Act, 1923 (8 of 1923), reduced by the value in lump sum of the amount payable under the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962);

(b) Where permanent total disablement results from the injury, the amount payable in a like case under the Workmen's Compensation Act, 1923 (8 of 1923), reduced by the value in lump sum of the amount payable under the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962); 

(c) Where permanent partial disablement results from the injury-
 
(i) In the case of an injury specified in the Schedule-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 disablement;

(ii) In the case of an injury not specified in the Schedule-the percentage of such compensation specified in the Schedule for disablement held by a competent medical authority acting under the Scheme made under the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962), to be of corresponding degree;

(iii) Where more injuries than one are sustained-the aggregate of the compensation payable in respect of those injuries, so however as not to exceed in any case the compensation which would have been payable if permanent total disability has resulted from the injuries;

(d) Where temporary disablement, whether total or partial, results from the injury, the half-monthly payments payable in a like case under the Workmen's Compensation Act, 1923 (8 of 1923), reduced in each case, so long as he receives any payment under the Scheme made under the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962), by the amount payable under the said Scheme.

(2) Where the monthly wages of a workman are more than five hundred rupees, the compensation payable under this Act shall be the amount payable under the provisions of sub-Section (1) in the case of a workman whose monthly wages are more than four hundred rupees.



(1) The Central Government shall, by notification, put into operation a Scheme to be called the Personal Injuries (Compensation Insurance) Scheme whereby provision is made for all matters necessary to give effect to the purposes of this Act and whereby the Central Government undertakes, in relation to employers of workmen to whom this Act applies, the liabilities of insuring such employers against liabilities incurred by them to workmen under this Act and the Scheme:

1*[Provided that different Schemes shall be put into operation in relation to different period of emergency.]

(2) The Scheme shall Section that any liability of the Central Government as insurer under the Scheme is determined by a policy of insurance issued in the prescribed form by a person acting on behalf of the Central Government.

(3) The Scheme may provide that it shall come into operation or shall be deemed to have come into operation on such date as may be specified therein.

(4) The scheme may be amended at any time by the Central Government.

(5) Without prejudice to the generality of the provisions of sub- Section (1), the scheme may-

(a) Make provisions regulating the payment of the compensation payable under this Act and the Scheme, including provisions for punishment by fine not exceeding two thousand rupees for the contravention of any requirement of the Scheme;

(b) Make provisions specifying the persons to whom and the proportions and manner in which payments under this Act shall be made;

(c) Make provisions for determining the value in lump sum of the amount payable under the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962);

(d) Specify conditions or circumstances which will dis entitle a workman to the compensation payable under this Act, and make it an express or implied condition of any policy of insurance issued under the Scheme that the payment of compensation in defiance of such specification is not covered by the policy;

(e) Specify the conditions or circumstances under which, the compensation payable to a workman may be withheld, cancelled, reduced or reviewed if the award made under the Scheme made under the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962), is withheld, cancelled, reduced or reviewed;

(f) Provide for cases in which an employer has of his own accord undertaken a part or the whole of the liability imposed by this Act;

(g) Provide for the final assessment of the total premium due on a policy of insurance under the Scheme either as the equivalent of all advance payments of premium already made by an employer, or as a percentage of the total wages bill of an employer for the periods with reference to which the amount of any advance payments made by him was fixed, or as a percentage of the total wages bill of an employer for a period of not less than twelve or more than fifteen months immediately, preceding the expiry of the period of the emergency, and for the assessment of the total premium due on a policy which has ceased to be in force before the expiry of the period of the emergency owing to the employer having gone out of business;

(h) Provide for the recovery from an employer of the total premium due on a policy of insurance including provision for its recovery by periodic advance payments of an amount based on a percentage of his total wages bill for any prescribed period, the separate funding of the payments so made by each employer, and the eventual adjustment of the total premium as finally assessed against the total of such periodic payments:

Provided that where the amount of the periodic payment based on the total wages bill of the prescribed period is less than eight rupees, it shall be increased to eight rupees:

Provided further that the first of such periodic payments shall, subject to the aforesaid minimum of eight rupees, be at such rate as the Central Government may specify in this behalf:

Provided further that such periodic payments shall not be more frequent than once in each quarter of a year:

Provided further that the rate of any periodic payment after the first shall, subject to the aforesaid minimum of eight rupees, be such as the Central Government may, after considering its liabilities under this Act, fix from time to time, and the Central Government may, where the total amount in the Fund so" requires, either waive or postpone any periodic payment.

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1. Inserted by Act 75 of 1971, Section 4 (w.e.f. 25th December, 1971).

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Last updated on August, 2016

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