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WORKMENS COMPENSATION ACT, 1923

Title : WORKMENS COMPENSATION ACT, 1923

Year : 1923



(1) The State Government may make rules to carry out the purpose of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters namely :-

(a) For prescribing the intervals at which and the conditions subject to which an application for review may be made under section 6 when not accompanied by a medical certificate;

(b) For prescribing the intervals at which and the conditions subjects to which a workman may be required to submit himself for medical examination under sub-section (1) of section 11;

(c) For prescribing the procedure to be followed by Commissioners in the disposal of cases under this Act and by the parties in such cases;

(d) For regulating the transfer of matters and cases from one Commissioner to another and the transfer of money in such cases;

(e) For prescribing the manner in which money in the hands of a Commissioner may be invested for the benefit of dependants of a deceased workman and for the transfer of money so invested from one Commissioner to another;

(f) For the representation in proceedings before Commissioners of parties who are minors or are unable to make an appearance;

(g) For prescribing the form and manner in which memorandum 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 application for review of the same;

(i) For regulating the scales of costs which may be allowed in proceedings under this Act;

(j) For prescribing and determining the amount of the fees payable in respect of any proceedings before a Commissioner under this Act;

(k) For the maintenance by Commissioners of registers and records of proceedings before them;

(l) For prescribing the classes of employers who shall maintain notice-books under sub-section (3) of section 10 and the form of such notice-books;

(m) For prescribing the form of statement to be submitted by employers under section 10A;

(n) For prescribing the cases in which the report referred to in section 10B may be sent to an authority other than the Commissioner;

(o) For prescribing abstracts of this Act and requiring the employers to display notices containing such abstracts;

(p) For prescribing the manner in which diseases specified as occupation diseases may be diagnosed;

(q) For prescribing the manner in which diseases may be certified for any of the purposes of this Act;

(r) For prescribing the manner in which and the standards by which incapacity may be assessed.

(3) Every rule made under this section shall be laid as soon as may be after it is made before the State Legislature.



[Repealed by the A.O. 1937]



The power to make rules conferred by section 32 shall be subject to the condition of the rules being made after previous publication. The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act 1897 (10 of 1897) as that after which a draft of rules proposed to be made under section 32 will be taken into consideration shall not be less than three months from the date on which the draft of proposed rules was published for general information. Rules so made shall be published in the Official Gazette and on such publication shall have effect as if enacted in this Act.



(1) The Central Government may by notification in the Official Gazette make rules for the transfer to any foreign country of money deposited with a Commissioner under this Act which has been awarded to or may be due to any person residing or about to reside in such foreign country and for the receipt distribution and administration in any State of any money deposited under the law relating to workmen$s compensation in any foreign country which has been awarded to or may be due to any person residing or about to reside in any State :

Provided
that no sum deposited under this Act in respect of fatal accidents shall be so transferred without the consent of the employer concerned until the Commissioner receiving the sum has passed orders determining its distribution and apportionment under the provisions of sub-sections (4) and (5) of section 8.

(2) Where money deposited with a Commissioner has been so transferred in accordance with the rules made under this section the provisions elsewhere contained in this Act regarding distribution by the Commissioner of compensation deposited with him shall cease to apply in respect of any such money.



Every rule made under this Act by the Central Government shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session of 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.

SCHEDULE I
[Sections 2(1) and (4)]

PART I

List Of Injuries Deemed To Result In Permanent Total Disablement

S.No. 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 100

4. Loss of sight to such an extent as to render the claimant unable to perform any work for which eye-sight is essential 100

5. Very severe facial disfigurement 100

6. Absolute deafness 100

PART II

List Of Injuries Deemed To Result In Permanent Partial Disablement

Amputation cases-upper limbs (either arm)

1 Amputation through shoulder joint 90

2 Amputation below shoulder with stump less than 20.32 cms from tip of acromion 80

3. Amputation from 20.32 cms from tip of acromion to less than 11.43 cms below tip of olecranon 70

4. Loss of a hand or of the thumb and four fingers of one hand or amputation from 11.43 cms below tip of olecranon 60

5. Loss of thumb 30

6. Loss of thumb and its metacarpal bone 40

7. Loss of four fingers of one hand 50

8. Loss of three fingers of one hand 30

9. Loss of two fingers of one hand 20

10. Loss of terminal phalanx of thumb 20 Amputation cases-lower limbs

11. Amputation of both feet resulting in end bearing stumps 90

12. Amputation through both feet proximal to the metatarsophalangeal joint 80

13. Loss of all toes of both feet through the metatarso-phalngeal joint 40

14. Loss of all toes of both feet proximal inter-phalangeal joint 30

15. Loss of all toes of both feet distal to the proximal inter-phalangeal joint 20

16. Amputation at hip 90

17. Amputation below hip with stump not exceeding 12.70 cms in length measured from tip of great trochanter 80

18. Amputation below hip with stump exceeding 12.70 cms in length measured from tip of great trochanter but not beyond middle thigh 70

19. Amputation below middle thigh to 8.89 cms below knee 60

20. Amputation below knee with stump exceeding 8.89 cms but not exceeding 12.70 cms 50

21. Amputation below knee with stump exceeding 12.70 cms 50

22. Amputation of one foot resulting in end bearing stump 50

23. Amputation through one foot proximal to the metatarso-phalangeal joint 50

24. Loss of all toes one foot through the metatarso-phalangeal joint 20

OTHER INJURIES

25. Loss of one eye, without complication, the other being normal 40

26. Loss of vision of one eye, without complications or disfigurement of eye-ball, the other being normal 30

26A Loss of partial vision of one eye 10 Loss of

A. Fingers of right or left hand

INDEX FINGER

27. Whole 14

28. Two phalanges 11

29. One phalanx 9

30. Guillotine amputation of tip without loss of bone 5

MIDDLE FINGER

31. Whole 12

32. Two phalanges 9

33. One phalanx 7

34. Guillotine amputation of tip without loss of bone 4

RING OR LITTLE FINGER

35. Whole 7

36. Two phalanges 6

37. One phalanx 5

38. Gulliotine amputation of tip without loss of bone 2

B. Toes of right or left foot

GREAT TOE

39. Through metatarso-phalanges joint 14

40. Part ,with some loss of bone 3

ANY OTHER TOE

41. Through metatarso-phalangeal joint 3

42. Part ,with some loss of bone 1

TWO TOES OF ONE FOOT, EXCLUDING GREAT TOE

43. Through metatarso-phalangeal joint 5

44. Part ,with some loss of bone 1

THREE TOES OF ONE FOOT, EXCLUDING GREAT TOE

45. Through metatarso-phalangeal joint 6

46. Part, with some loss of bone 3

FOUR TOES OF ONE FOOT, EXCLUDING GREAT TOE

47. Through metatarso-phalangeal joint 9

48. Part with some loss of bone 3

Note : Complete and permanent loss of the use of any limb or member referred to in the Schedule shall be deemed to be the equivalent of the loss of that limb or member.

SCHEDULE II
[Section 2(1)(n)]
LIST OF PERSONS WHO SUBJECT TO THE PROVISIONS OF SECTION 2(1) (n) ARE INCLUDED IN THE DEFINITION OF WORKMEN

The following persons are workmen within the meaning of Section 2(1)(n) and subject to the provisions of that section that is to say any person who is -

1.Employed otherwise than in a clerical capacity or on a railway in connection with the operation repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle or

2. Employed otherwise than in clerical capacity in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act 1948 (63 of 1948) is being carried on or in any kind of work whatsoever incident to or connected with any such manufacturing process or with the article made whether or not employment in any such work is within such premises or precincts and steam water or other mechanical power or electrical power is used; or

3.Employed for the purpose of making altering repairing ornamenting finishing or otherwise adapting for use transport or sale any article or part of an article in any premises wherein or within the percents whereof twenty or more person are so employed,

Explanation :- For the purposes of this clause persons employed outside such premises or precincts but in any work incidental to or connected with the work relating to making altering repairing ornamenting finishing or otherwise adapting for use transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts: or

4. Employed in the manufacture or handling of explosives in connection with the employer$s trade or business; or

5. Employed in any mine as defined in clause (j) of section 2 of the Mines Act 1952 (35 of 1952) in any mining operation or in any kind of work other than clerical work incidental to or connected with any mining operation or with the mineral obtained or in any kind or work whatsoever below ground; or

6.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 of by electricity or which is towed or intended to be towed by a ship so propelled; or

(b) Any ship not included in sub-clause (a) of twenty-five tonnes net tonnage or over; or

(c) Any sea-going ship not included in sub-clause (a) or sub-clause (b) provided with sufficient area for navigation under sails alone; or

7. 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 post subject to the Indian Ports Act 1908 (15 of 1908) or the Major Port Trusts Act 1963 (18 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 caissons when vessels are entering or leaving dry docks; or

(e) The docking or undocking of any vessel during an emergency; or

(f) Preparing splicing chir springs and check wires painting depth marks on lock sides removing or replacing fenders whenever necessary landing of gangways maintaining lifebuoys 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

8. 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 store in height above the ground or twelve feet or more from the ground level to the apex of the roof or

(b) Any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or

(c) Any road bridge tunnel or canal; or

(d) Any wharf quay sea wall or other marine work including any moorings of ships; or

9. Employed in setting up maintaining repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or standard or fittings and fixtures for the same; or

10. Employed otherwise than in a clerical capacity in the construction working repair or demolition of any aerial rope way canal pipeline or sewer; or

11. Employed in the service of any fire brigade; or

12. Employed upon a railway as defined in clause (31) of section 2 and sub-section (1) of section 197 of the Indian Railway Act 1989 (24 of 1989) either directly or through a sub-contractor by a person fulfilling a contract with the railway administration; or

13. Employed as an inspector mail guard sorter or van peon in the Railway Mail Service or as a telegraphist or as a postal or railway signaller or employed in any occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs Department; or

14. Employed otherwise than in a clerical capacity in connection with operations for winning natural petroleum or natural gas; or

15. Employed in any occupation involving blasting operations; or

16. Employed in the making of any excavaction in which on any one day of the preceding twelve months more than twenty-five persons have been employed or explosives have been used or whose depth from its highest to its lowest point exceeds twelve feet; or

17. Employed in the operation of any ferry boat capable of carrying more than ten person; or

18. Employed otherwise than in a clerical capacity on any estate which is maintained for the purpose of growing cardamom cinchona coffee rubber or tea and on which on any one day in the preceding twelve months twenty-five or more persons have been so employed; or

19. Employed otherwise than in a clerical capacity in the generating transforming transmitting or distribution of electrical energy or in generation or supply of gas; or

20. Employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse Act 1927 (17 of 1927); or

21. Employed in producing cinema to graph pictures intended for public exhibition or in exhibiting such pictures; or

22. Employed in the training keeping or working of elephants or wild animals; or

23. 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 or forests fires; or

24. Employed in operations for the catching or hunting of elephants or other wild animals; or

25. Employed as a diver; or

26. Employed in the handling or transport of goods in or within the precincts of -

(a) Any warehouse or other place in which goods are stored and in which on any one day of the preceding twelve months ten or more persons have been so employed or

(b) Any market in which on any one day of the preceding twelve months fifty or more persons have been so employed; or

27. Employed in any occupation involving the handling and manipulation of radium or X-ray apparatus or contract with radioactive substances; or

28. 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

29. Employed in horticultural operations forestry bee keeping or framing by tractors or other contrivances driven by steam or other mechanical power or by electricity; or

30. Employed otherwise than in a clerical capacity in the construction working repair or maintenance of a tube-well; or

31. Employed in the maintenance repair or renewal of electric fittings in any building; or

32. Employed in a circus.

33. Employed as watchman in any factory or establishment; or

34. Employed in any operation in the sea for catching fish;

35. Employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insects; or

36. Employed in handling animals like horses mules and bulls;

37. Employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles;

38. Employed in cleaning of sewer lines or septic tanks within the limits of a local authority;

39. Employed on surveys and investigation exploration or garage or discharge observation of rivers including drilling operations hydrological observations and flood forecasting activities groundwater surveys and exploration;

40. Employed in cleaning of jungles or reclaiming land or ponds in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

41. Employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

42. Employed in installation maintenance or repair of pumping equipment used for lifting of water from wells tube wells ponds lakes streams and the like;

43. Employed in the construction boring or deepening of an open well bore well bore-cum-dug well filter point and the like;

44. Employed in spraying and dusting of insecticides or pesticides in agricultural operations or plantations; or

45. Employed in mechanised harvesting and threshing operations;

46. Employed in working or repair or maintenance of bulldozers tractors power tillers and the like;

47. Employed as artists for drawing pictures on advertisement boards at a height of 3.66 metres or more from the ground level;

48. Employed in any newspaper establishment as defined in the Working Journalists and Other Newspaper Employees (Conditions of Services) and Miscellaneous Provisions Act 1955 (45 of 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.

SCHEDULE III
[Section 3]
LIST OF OCCUPATIONAL DISEASES

1. Infectious and parasitic diseases contracted in an occupation where there is a particular risk of contamination

(a) All work involving exposure to health or laboratory work;

(b) All work involving exposure to veterinary work

(c) Work relating to handling animals, animal carcasses or merchandise which may have been contaminated by animals or animal carcasses;

(d) Other work carrying a particular risk of contamination

2. Disease caused by work in compressed air All work involving exposure to the risk concerned

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

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

5. Poisoning by organo phosphorus compounds All work involving exposure to the risk concerned

PART B

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

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

3. Diseases caused by benzene or its toxic homologues All work involving exposure to the risk concerned

4. Diseases caused by nitro and amino toxic derivatives of benzene or its homologous All work involving exposure to the risk concerned

Last updated on September, 2016

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