LexThe WORKMEN'S COMPENSATION ACT, 1923
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THE WORKMEN'S COMPENSATION ACT, 1923
ACT NO. 8 OF 1923 1*
[5th March, 1923.]
An Act to provide for the payment by certain classes of employers to
their workmen of compensation for injury by accident.
WHEREAS it is expedient to provide for the payment by certain
classes of employers to their workmen of compensation for injury by
accident; It is hereby enacted as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement.- (1) This Act may be
called the Workmen's Compensation Act 1923.
2*[(2) It extends to the whole of India 3***.]
(3) It shall come into force on the first day of July, 1924.
2.
Definitions.
2. Definitions.- (1) In this Act, unless there is anything
repugnant in the subject or context,--
4* * * *
*
(b) "Commissioner" means a Commissioner for Workmen's
Compensation appointed under section 20;
(c) "compensation" means compensation as provided for by
this Act;
5*[(d) "dependant" means any of the following relatives of a
deceased workman, namely:--
(i) a widow, a minor legitimate son, and unmarried
legitimate daughter, or a widowed mother; and
(ii) if wholly dependent on the earnings of the
workman at the time of his death, a son or a daughter
who has attained the age of 18 years and who is infirm;
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1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of
1962, s. 3 and Sch.; Dadra and Nagar Haveli by Reg. 6 of 1963, s.
2 and Sch. I; Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I
and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s.
3 and Sch. This Act has been modified in its application to
apprentices under the Apprentices Act, 1961 (52 of 1961) by s. 16
2
and Sch. to that Act.
2. Subs. by the A. O. 1950, for sub-section (2).
3. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
4. Cl. (a) omitted by Act 8 of 1959, s. 2 (w.e.f. 1-6-1959).
5. Subs. by s. 2, ibid., for the former clause (w.e.f. 1-6-1959).
14
(iii) if wholly or in part dependent on the
earnings of the workman at the time of his
death,
(a) a widower,
(b) a parent other than a widowed mother,
(c) a minor illegitimate son, an unmarried
illegitimate daughter or a daughter
legitimate or illegitimate if married and
a minor or if widowed and a minor,
(d) a minor brother or a unmarried sister or
a widowed sister if a minor,
(e) a widowed daughter-in-law,
(f) a minor child of a pre-deceased son,
(g) a minor child of a pre-deceased daughter
where no parent of the child is alive, or
(h) a paternal grandparent if no parent of
the workman is alive;]
(e) "employer" includes any body of persons whether
incorporated or not and any managing agent of an
employer and the legal representative of a deceased
employer, and, when the services of workman are
temporarily lent or let on hire to another person by
the person with whom the workman has entered into a
contract of service or apprenticeship means such other
person while the workman is working for him;
(f) "managing agent" means any person appointed or acting as
the representative of another person for the purpose of
carrying on such other person's trade or business, but
does not include an individual manager subordinate to
an employer1*;
2*[(ff) "minor" means a person who has not attained the age
of 18 years;]
(g) "partial disablement" means, where the disablement is of
a temporarp nature, such disablement as reduces the
earning capacity of a workman in any employment in
which he was engaged at the time of the accident
resulting in
----------------------------------------------------------------------
1. In the application of the Act to Bengal, a new clause (ff) has
been ins. here by the Workmen's Compensation (Bengal Amendment)
Act, 1942 (Ben. 6 of 1942), s. 3.
2. Ins. by Act 8 of 1959, s. 2 (w.e.f. 1-6-1959).
15
the disablement, and, where the disablement is of a
permanent nature, such disablement as reduces his
earning capacity in every employment which he was
capable of undertaking at that time: provided that
every injury specified 1*[in Part II of Schedule I]
shall be deemed to result in permanent partial
disablement;
3
(h) "prescribed" means prescribed by rules made under this
Act;
(i) "qualified medical practitioner" means any person
registered 2*** under any 3*[Central Act, Provincial
Act or an Act of the Legislature of a 4*[State]]
providing for the maintenance of a register of medical
practitioners, or, in any area where no such last-
mentioned Act is in force, any person declared by the
State Government, by notification in the Official
Gazette, to be a qualified medical practitioner for the
purposes of this Act;
5* * * * *
(k) "seaman" means any person forming part of the crew of
any 6*** ship, but does not include the master of
7*[the] ship;
(l) "total disablement" means such disablement, whether of a
temporary or permanent nature, as incapacitates a
workman for all work which he was capable of performing
at the time of the accident resulting in such
disablement:
8*[Provided that permanent total disablement shall be deemed
to result from every injury specified in Part I of
Schedule I or from any combination of injuries
specified in Part II thereof where the aggregate
percentage of the loss of earning capacity, as
specified in the said Part II against those injuries,
amounts to one hundred per cent or more;]
(m) "wages" includes any privilege or benefit which is
capable of being estimated in money, other than a
travelling allowance
----------------------------------------------------------------------
1. Subs. by Act 64 of 1962, s. 2, for "in Schedule I" (w.e.f. 1-2-
1963).
2. The words "under the Medical Act, 1858, or any Act amending the
same, or" omitted by Act 8 of 1959, s. 2 (w.e.f. 1-6-1959).
3. Subs. by the A. O. 1950, for "Act of the Central Legislature or
of any Legislature in a Province of India".
4. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part A
State or Part B State".
5. Cl. (j) rep. by Act 15 of 1933, s. 2.
6. The word "registered" omitted by s. 2, ibid.
7. Subs. by s. 2, ibid., for "any such".
8. Subs. by Act 64 of 1962, s. 2, for the proviso (w.e.f. 1-2-1963).
16
or the value of any travelling concession or a
contribution paid by the employer of a workman towards
any pension or provident fund or a sum paid to a
workman to cover any special expenses entailed on him
by the nature of his employment;
(n) "workman" means any person (other than a person whose
employment is of a casual nature and who is employed
otherwise than for the purposes of the employer's trade
or business) who is--
(i) a railway servant as defined in section 3 of
the Indian Railways Act, 1890 (9 of 1890), not
permanently employed in any administrative, district or
sub-divisional office of a railway and not employed in
any such capacity as is specified in Schedule II, or
(ii) employed 1*** 2*** in any such capacity as
is specified in Schedule II.
4
whether the contract of employment was made before or
after the passing of this Act and whether such contract
is expressed or implied, oral or in writing; but does
not include any person working in the capacity of a
member of 3*[the Armed Forces of the Union] 4***;
and any reference to a workman who has been injured
shall, where the workman is dead, include a reference
to his dependants or any of them.
(2) The exercise and performance of the powers and duties of a
local authority or of any department 5*[acting on behalf of
the Government] shall, for the purposes of this Act, unless a
contrary intention appears, be deemed to be the trade or business
of such authority or department.
6*[(3) The 7*[State Government], after giving, by notification 8*
in the Official Gazette, not less than three months' notice of its
intention
----------------------------------------------------------------------
1. The word " either by way of manual labour or" rep. by Act 15 of
1933, s. 2.
2. Omitted by Act 22 of 1984, s. 2 (w.e.f 1-7-1984).
3. Subs. by the A. O. 1950, for "His Majesty's naval, military or
air forces".
4. The words "or of the Royal Indian Marine Service" rep. by the
A. O. 1937.
5. Subs., ibid., for "of the Government".
6. Subs. by Act 15 of 1933, s. 2, for the original sub-section.
7. Subs. by the A. O. 1937, for "G. G. in C".
8. For such a notification, see Gazette of India, 1935. Pt. I.
p. 745.
17
so to do, may, by a like notification, add to Schedule II any class of
persons employed in any occupation which it is satisfied is a
hazardous occupation, and the provisions of this Act shall thereupon
apply 1*[within the State] to such classes of persons:
Provided that in making such addition the 2*[State Government]
may direct that the provisions of this Act shall apply to such classes
of persons in respect of specified injuries only.]
CHAP
WORKMEN'S COMPENSATION
CHAPTER II
WORKMEN'S COMPENSATION
3.
Employer's liability for compensation.
3. Employer's liability for compensation.- (1) If personal injury
is caused to a workman by accident arising out of and in the course of
his employment, his employer shall be liable to pay compensation in
accordance with the provisions of this Chapter:
Provided that the employer shall not be so liable--
(a) in respect of any injury which does not result in the
total or partial disablement of the workman for a
period exceeding 3*[three] days;
(b) in respect of any 4*[injury, not resulting in death,
caused by] an accident which is directly attributable
to--
5
(i) the workman having been at the time thereof
under the influence of drink or drugs, or
(ii) the wilful disobedience of the workman to an
order expressly given, or to a rule expressly framed,
for the purpose of securing the safety of workmen, or
(iii) the wilful removal or disregard by the
workman of any safety guard or other device which he
knew to have been provided for the purpose of securing
the safety of workmen. 5***
5* * * * *
6*[(2) If a workman employed in any employment specified in Part
A of Schedule III contracts any disease specified therein as an
occupational disease peculiar to that employment, or if a workman,
whilst in the service of an employer in whose service he has been
----------------------------------------------------------------------
1. Ins. by the A. O. 1937.
2. Subs., ibid., for "G. G. in C.".
3. Subs. by Act 8 of 1959, s. 3, for "seven" (w.e.f. 1-6-1959).
4. Subs. by Act 15 of 1933, s. 3, for "injury to a workman resulting
from".
5. The word "or" and cl. (c) rep. by Act 5 of 1929, s. 2.
6. Subs. by Act 8 of 1959, s. 3, for sub-sections (2) and (3)
(w.e.f. 1-6-1959).
18
employed for a continuous period of not less than six months (which
period shall not include a period of service under any other employer
in the same kind of employment) in any employment specified in Part B
of Schedule III, contracts any disease specified therein as an
occupational disease peculiar to that employment, or if a workman
whilst in the service of one or more employers in any employment
specified in Part C of Schedule III for such continuous period as the
Central Government may specify in respect of each such employment,
contracts any disease specified therein as an occupational disease
peculiar to that employment, the contracting of the disease shall be
deemed to be an injury by accident within the meaning of this section
and, unless the contrary is proved, the accident shall be deemed to
have arisen out of, and in the course of, the employment:
1*[Provided that if it is proved,--
(a) that a workman whilst in the service of one or more
employers in any employment specified in Part C of
Schedule III has contracted a disease specified therein
as an occupational disease peculiar to that employment
during a continuous period which is less than the
period specified under this sub-section for that
employment, and
(b) that the disease has arisen out of and in the course of
the employment;
the contracting of such disease shall be deemed to be an injury by
accident within the meaning of this section:
Provided further that if it is proved that a workman who having
served under any employer in any employment specified in Part B of
Schedule III or who having served under one or more employers in any
employment specified in Part C of that Schedule, for a continuous
period specified under this sub-section for that employment and he has
after the cessation of such service contracted any disease specified
in the said Part B or the said Part C, as the case may be, as an
occupational disease peculiar to the employment and that such disease
arose out of the employment, the contracting of the disease shall be
deemed to be an injury by accident within the meaning of this
section.]
6
3*[(2A) If a workman employed in any employment specified in Part
C of Schedule III contracts any occupational disease peculiar to that
employment, the contracting whereof is deemed to be an injury by
accident within the meaning of this section, and such employment
----------------------------------------------------------------------
1. Ins. by Act 64 of 1962, s. 3 (w.e.f. 1-2-1963).
2. Subs. by s. 3, ibid., for sub-section (2A) (w.e.f. 1-2-1963).
19
was under more than one employer, all such employers shall be liable
for the payment of the compensation in such proportion as the
Commissioner may, in the circumstances, deem just.]
(3) The State Government in the case of employments specified in
Part A and Part B of Schedule III, and the Central Government in the
case of employments specified in Part C of that Schedule, after
giving, by notification in the Official Gazette, not less than three
months' notice of its intention so to do, may, by a like notification,
add any description of employment to the employments specified in
Schedule III, and shall specify in the case of employments so added
the diseases which shall be deemed for the purposes of this section to
be occupational diseases peculiar to those employments respectively,
and thereupon the provisions of sub-section (2) shall apply 1*** as if
such diseases had been declared by this Act to be occupational
diseases peculiar to those employments.]
(4) Save as provided by 2*[sub-sections (2), (2A)] and (3), no
compensation shall be payable to a workman in respect of any disease
unless the disease is 3*** directly attributable to a specific injury
by accident arising out of and in the course of his employment.
(5) Nothing herein contained shall be deemed to confer any right
to compensation on a workman in respect of any injury if he has
instituted in a Civil Court a suit for damages in respect of the
injury against the employer or any other person; and no suit for
damages shall be maintainable by a workman in any Court of law in
respect of any injury--
(a) if he has instituted a claim to compensation in respect
of the injury before a Commissioner; or
(b) if an agreement has been come to between the workman and
his employer providing for the payment of compensation
in respect of the injury in accordance with the
provisions of this Act.
4.
Amount of compensation.
4*[4. Amount of compensation.- (1) Subject to the provisions of
this Act, the amount of compensation shall be as follows, namely:--
(a) where death results an amount equal to forty per
from the injury cent. of the monthly wages
of the deceased workman
multiplied by the relevant
factor;
or
an amount of twenty thousand
rupees,
whichever is more;
(b) Where permanent total an amount equal to fifty per
disablement results from cent. of the monthly wages
the injury of the injured workman
multiplied by the relevant
factor;
7
or
.0 an amount of twenty-four
thousand rupees,
whichever is more;
Explanation I.--For the purposes of clause (a) and clause (b),
"relevant factor", in relation to a workman means the factor specified
in the second column of Schedule IV against the entry in the first
column of that Schedule specifying the number of years which are the
same as the completed years of the age of the workman on his last
birthday immediately preceding the date on which the compensation fell
due;
Explanation II.--Where the monthly wages of a workman exceed one
thousand rupees, his monthly wages for the purposes of clause (a) and
clause (b) shall be deemed to be one thousand rupees only,
(c) Where parmanent partial (i) in the case of an injury
disablement results from specified in Part II of Schedule
the injury I, such percentage of the
compensation which would have
been payable in the case of
permanent total disablement as
is specified therein as being
the percentage of the loss of
earning capacity caused by that
injury, and
(ii) in the case of an injury not
pecified in Schedule I, such
percentage of the compensation
payable in the case of permanent
total disablement as is propor-
tionate to the loss of earning
capacity (as assessed by the
qualified medical practitioner)
permanently caused by the inj-
ury;
Explanation I.--Where more injuries than one are caused by the
same accident, the amount of compensation payable under this head
shall be aggregated but not so in any case as to exceed the amount
which would have been payable if permanent total disablement had
resulted from the injuries;
Explanation II.--In assessing the loss of earning capacity for
the purposes of sub-clause (ii), the qualified medical practitioner
shall have due regard to the percentages of loss of earning capacity
in relation to different injuries specified in Schedule I;
(d) Where temporary disable- a half-monthly payment of the
ment, whether total or sum equivalent to twenty-five
partial result from the per cent. of monthly wages of
injury the workman, to be paid in accor-
dance with the provisions of sub-
section 2.
(2) The half-monthly payment referred to in clause (d) of sub-
section (1) shall be payable on the sixteenth day--
(i) from the date of disablement where such disablement
lasts for a period of twenty-eight days or more, or
(ii) after the expiry of a waiting period of three days from
the date of disablement where such disablement lasts for a period
of less than twenty-eight days; and thereafter half-monthly
during the disablement or during a period of five years,
whichever period is shorter:
Provided that--
(a) there shall be deducted from any lump sum or half-
8
monthly payments to which the workman is entitled the amount of
any payment or allowance which the workman has received from the
employer by way of compensation during the period of disablement
prior to the receipt of such lump sum or of the first half-
monthly payment, as the case may be; and
(b) no half-monthly payment shall in any case exceed the
amount, if any, by which half the amount of the monthly wages of
the workman before the accident exceeds half the amount of such
wages which he is earning after the accident.
Explanation.--Any payment or allowance which the workman has
received from the employer towards his medical treatment shall not be
deemed to be a payment or allowance received by him by way of
compensation within the meaning of clause (a) of the proviso.
(3) On the ceasing of the disablement before the date on which
any half-monthly payment falls due, there shall be payable in respect
of that half-month a sum proportionate to the duration of the
disablement in that half-month.]
----------------------------------------------------------------------
1. Certain words omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-
9-1971).
2. Subs. by Act 8 of 1959, s. 3, for "sub-sections (2)" (w.e.f. 1-6-
1959).
3. The words "solely and" rep. by Act 15 of 1933, s. 3.
4. Subs. by Act 22 of 1984, s. 3 (w.e.f. 1-7-1984).
21
4A.
Compensation to be paid when due and penalty for default.
1*[4A. Compensation to be paid when due and penalty for default.-
(1) Compensation under section 4 shall be paid as soon as it falls
due.
(2) In cases where the employer does not accept the liability for
compensation to the extent claimed, he shall be bound to make
provisional payment based on the extent of liability which he accepts,
and, such payment shall be deposited with the Commissioner or made to
the workman, as the case may be, without prejudice to the right of the
workman to make any further claim.
(3) Where any employer is in default in paying the compensation
due under this Act within one month from the date it fell due, the
Commissioner may direct that, in addition to the amount of the
arrears, simple interest at the rate of six per cent. per annum on the
amount due together with, if in the opinion of the Commissioner there
is no justification for the delay, a further sum not exceeding fifty
per cent. of such amount, shall be recovered from the employer by way
of penalty.]
5.
Method of calculating wages.
2*5. Method of calculating wages.- 3*[In this Act and for the
purposes thereof the expression "monthly wages" means the amount of
wages deemed to be payable for a month's service (whether the wages
are payable by the month or by whatever other period or at piece
rates), and calculated] as follows, namely:--
(a) where the workman has, during a continuous period of not
less than twelve months immediately preceding the
accident, been in the service of the employer who is
liable to pay compensation, the monthly wages of the
workman shall be one-twelfth of the total wages which
9
have fallen due for payment to him by the employer in
the last twelve months of that period;
4*[(b) where the whole of the continuous period of service
immediately preceding the accident during which the
workman was in the service of the employer who is
liable to pay the compensation was less than one month,
the monthly wages of the workman shall be 5*** the
average monthly amount which, during the twelve
----------------------------------------------------------------------
1. Ins. by Act 8 of 1959, s. 5 (w.e.f. 1-6-1959).
2. The original s. 5 renumbered as sub-section (1) of that section
by Act 5 of 1929, s. 3. The brackets and figure "(1)" rep. by Act
9 of 1938, s. 4.
3. Subs. by Act 13 of 1939, s. 2 (w.e.f. 30-6-1934), for "For the
purposes of this Act the monthly wages of a workman shall
be calaucated" the words in italics subs. by Act 15 of 1933, s.
5, for "section 4".
4. Ins. by Act 15 of 1933, s. 5.
5. The words "deemed to be" rep. by Act 13 of 1939, s. 2 (w.e.f. 30-
6-1934).
22
months immediately preceding the accident, was being
earned by a workman employed on the same work by the
same employer, or, if there was no workman so employed,
by a workman employed on similar work in the same
locality];
1*[(c)] 2*[in other cases [including cases in which it is
not possible for want of necessary information to
calculate the monthly wages under clause (b)]], the
monthly wages shall be thirty times the total wages
earned in respect of the last continuous period of
service immediately preceding the accident from the
employer who is liable to pay compensation, divided by
the number of days comprising such period.
3* * * * *
Explanation.--A period of service shall, for the purposes of
4*[this 5*[section]] be deemed to be continuous which has not been
interrupted by a period of absence from work exceeding fourteen days.
6* * * * *
6.
Review.
6. Review.- (1) Any half-monthly payment payable under this Act,
either under an agreement between the parties or under the order of a
Commissioner, may be reviewed by the Commissioner, on the application
either of the employer or of the workman accompanied by the
certificate of a qualified medical practitioner that there has been a
change in the condition of the workman or, subject to rules made under
this Act, on application made without such certificate.
(2) Any half-monthly payment may, on review under this section,
subject to the provisions of this Act, be continued, increased,
decreased or ended, or if the accident is found to have resulted in
permanent disablement, be converted to the lump sum to which the
workman is entitled less any amount which he has already received by
way of half-monthly payments.
7.
Commutation of half-monthly payments.
10
7. Commutation of half-monthly payments.- Any right to receive
half-monthly payments may, by agreement between the parties or, if the
parties cannot agree and the payments have been continued for not less
than six months, on the application of either party to the
Commissioner be redeemed by the
----------------------------------------------------------------------
1. The original cl. (b) relettered (c) by Act 15 of 1933, s. 5.
2. Subs. by Act 8 of 1959, s. 6, for "in other cases" (w.e.f. 1-6-
1959).
3. The proviso rep. by Act 15 of 1933, s. 5.
4. Subs. by Act 5 of 1929, s. 3 for "this section".
5. Subs. by Act 9 of 1938, s. 4, for "sub-section".
6. Sub-section (2) ins. by Act 5 of 1929, s. 3, rep. by Act 15 of
1933, s. 5.
23
payment of a lump sum of such amount as may be agreed to by the
parties or determined by the Commissioner, as the case may be.
8.
Distribution of compensation.
8. Distribution of compensation.- 1*[(1) No payment of
compensation in respect of a workman whose injury has resulted in
death, and no payment of a lump sum as compensation to a woman or a
person under a legal disability, shall be made otherwise than by
deposit with the Commissioner, and no such payment made directly by an
employer shall be deemed to be a payment of compensation:
2*[Provided that, in the case of a deceased workman, an employer
may make to any dependant advances on account of compensation not
exceeding an aggregate of one hundred rupees, and so much of such
aggregate as does not exceed the compensation payable to that
dependant shall be deducted by the Commissioner from such compensation
and repaid to the employer.]
(2) Any other sum amounting to not less than ten rupees which is
payable as compensation may be deposited with the Commissioner on
behalf of the person entitled thereto.
(3) The receipt of the Commissioner shall be a sufficient
discharge in respect of any compensation deposited with him.]
(4) On the deposit of any money under sub-section (1) 3*[as
compensation in respect of a deceased workman] the Commissioner
4*[shall deduct] therefrom the actual cost of the workman's funeral
expenses, to an amount not exceeding 5*[fifty rupees] and pay the same
to the person by whom such expenses were incurred, and shall, if he
thinks necessary, cause notice to be published or to be served on each
dependant in such manner as he thinks fit, calling upon the dependants
to appear before him on such date as he may fix for determining the
distribution of the compensation. If the Commissioner is satisfied
after any inquiry which he may deem necessary, that no dependant
exists, he shall repay the balance of the money to the employer by
whom it was paid. The Commissioner shall, on application by the
employer, furnish a statement showing in detail all disbursements
made.
6*[(5) Compensation deposited in respect of a deceased workman
shall, subject to any deduction made under sub-section (4), be
----------------------------------------------------------------------
1. Subs. by Act 5 of 1929, s. 4, for original sub-sections (1) to
(3).
2. Subs. by Act 15 of 1933, s. 6, for the original proviso.
3. Ins. by Act 5 of 1929, s. 4.
4. Subs. by Act 15 of 1933, s. 6, for "may deduct".
5. Subs. by Act 8 of 1959, s. 7, for "twenty-five rupees" (w.e.f. 1-
6-1959).
11
6. Sub-sections (5) to (7) subs. by Act 5 of 1929, s. 4, for the
original sub-section (5).
24
apportioned among the dependants of the deceased workman or any of
them in such proportion as the Commissioner thinks fit, or may, in the
discretion of the Commissioner, be allotted to any one dependant.
(6) Where any compensation deposited with the Commissioner is
payable to any person, the Commissioner shall, if the person to whom
the compensation is payable is not a woman or a person under a legal
disability, and may, in other cases, pay the money to the person
entitled thereto.
(7) Where any lump sum deposited with the Commissioner is payable
to a woman or a person under a legal disability, such sum may be
invested, applied or otherwise dealt with for the benefit of the
woman, or of such person during his disability, in such manner as the
Commissioner may direct; and where a half-monthly payment is payable
to any person under a legal disability, the Commissioner may, of his
own motion or on an application made to him in this behalf, order that
the payment be made during the disability to any dependant of the
workman or to any other person, whom the Commissioner thinks best
fitted to provide for the welfare of the workman.]
1*[(8)] Where, on application made to him in this behalf or
otherwise, the Commissioner is satisfied that, on account of neglect
of children on the part of a parent or on account of the variation of
the circumstances of any dependant or for any other sufficient cause,
an order of the Commissioner as to the distribution of any sum paid as
compensation or as to the manner in which any sum payable to any such
dependant is to be invested, applied or otherwise dealt with, ought to
be varied, the Commissioner may make such orders for the variation of
the former order as he thinks just in the circumstances of the case:
Provided that no such order prejudicial to any person shall be
made unless such person has been given an opportunity of showing cause
why the order should not be made, or shall be made in any case in
which it would involve the repayment by a dependant of any sum already
paid to him.
2*[(9) Where the Commissioner varies any order under sub-section
(8) by reason of the fact that payment of compensation to any person
has been obtained by fraud, impersonation or other improper means, any
amount so paid to or on behalf of such person may be recovered in the
manner hereinafter provided in section 31.]
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1. The original sub-section (6) renumbered (8) by Act 5 of
1929,
s. 4.
2. Ins. by s. 4, ibid.
25
9.
Compensation not to be assigned, attached or charged.
9. Compensation not to be assigned, attached or charged.- Save as
provided by this Act, no lump sum or half-monthly payment payable
under this Act shall in any way be capable of being assigned or
charged or be liable to attachment or pass to any person other than
the workman by operation of law, nor shall any claim be set off
against the same.
10.
Notice and claim.
12
10. Notice and claim.- (1) 1*[No claim for compensation shall be
entertained by a Commissioner unless notice of the accident has been
given in the manner hereinafter provided as soon as practicable after
the happening thereof and unless the claim is preferred before him
within 2*[two years] of the occurrence of the accident or, in case of
death, within 2*[two years] from the date of death:]
Provided that, where the accident is the contracting of a disease
in respect of which the provisions of sub-section (2) of section 3 are
applicable, the accident shall be deemed to have occurred on the first
of the days during which the workman was continuously absent from work
in consequence of the disablement caused by the disease:
3*[Provided further that in case of partial disablement due to
the contracting of any such disease and which does not force the
workman to absent himself from work, the period of two years shall be
counted from the day the workman gives notice of the disablement to
his employer:
Provided further that if a workman who, having been employed in
an employment for a continuous period, specified under sub-section (2)
of section 3 in respect of that employment, ceases to be so employed
and develops symptoms of an occupational disease peculiar to that
employment within two years of the cessation of employment, the
accident shall be deemed to have occurred on the day on which the
symptoms were first detected:]
4*[Provided further that the want of or any defect or
irregularity in a notice shall not be a bar to the 5*[entertainment of
a claim]--
(a) if the claim is 6*[preferred] in respect of the death of
a workman resulting from an accident which occurred on
the premises of the employer, or at any place where the
workman at the time of the accident was working under
----------------------------------------------------------------------
1. Subs. by Act 9 of 1938, s. 5, for the original words.
2. Subs. by Act 8 of 1959, s. 8, for "one year" (w.e.f. 1-6-1959).
3. Ins. by Act 64 of 1962, s. 5 (w.e.f. 1-2-1963).
4. Ins. by Act 15 of 1933, s. 7.
5. Subs. by Act 9 of 1938, s. 5, for "maintenance of proceedings".
6. Subs. by s. 5, ibid., for "made".
26
the control of the employer or of any person employed
by him, and the workman died on such premises or at
such place, or on any premises belonging to the
employer, or died without having left the vicinity of
the premises or place where the accident occurred, or
(b) if the employer 1*[or any one of several employers or
any person responsible to the employer for the
management of any branch of the trade or business in
which the injured workman was employed] had knowledge
of the accident from any other source at or about the
time when it occurred:
Provided further, that the Commissioner may 2*[entertain] and
decide any claim to compensation in any case notwithstanding that the
notice has not been given, or the claim has not been 3*[preferred], in
due time as provided in this sub-section, if he is satisfied that the
failure so to give the notice or 4*[prefer] the claim, as the case may
be, was due to sufficient cause.
(2) Every such notice shall give the name and address of the
person injured and shall state in ordinary language the cause of the
injury and the date on which the accident happened, and shall be
served on the employer or upon 5*[any one of] several employers, or
upon any person 6*** responsible to the employer for the management
of any branch of the trade or business in which the injured workman
was employed.
13
7*[(3) The State Government may require that any prescribed class
of employers shall maintain at their premises at which workmen are
employed a notice-book, in the prescribed form, which shall be readily
accessible at all reasonable times to any injured workman employed on
the premises and to any person acting bona fide on his behalf.
(4) A notice under this section may be served by delivering it
at, or sending it by registered post addressed to, the residence or
any office or place of business of the person on whom it is to be
served, or, where a notice-book is maintained, by entry in the notice-
book.]
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1. Ins. by Act 9 of 1938, s. 5.
2. Subs. by s 5, ibid., for "admit".
3. Subs. by s. 5, ibid., for "instituted".
4. Subs. by s. 5, ibid., for "institute".
5. Subs. by Act 7 of 1924, s. 2 and Sch. I, for "any one or".
6. The word "directly" rep. by Act 9 of 1938, s. 5.
7. Subs. by Act 15 of 1933, s. 7, for the original sub-section (3).
26A
10A.
Power to require from employers statements regarding fatal accidents.
1*[10A. Power to require from employers statements regarding
fatal accidents.- (1) Where a Commissioner receives information from
any source that a workman has died as a result of an accident arising
out of and in the course of his employment, he may send by registered
post a notice to the workman's employer requiring him to submit,
within thirty days of the service of the notice, a statement, in the
prescribed form, giving the circumstances attending the death of the
workman, and indicating whether, in the opinion of the employer, he is
or is not liable to deposit compensation on account of the death.
(2) If the employer is of opinion that he is liable to deposit
compensation, he shall make the deposit within thirty days of the
service of the notice.
----------------------------------------------------------------------
1. Ss. 10A and 10B ins. by Act 15 of 1933, s. 8.
27
(3) If the employer is of opinion that he is not liable to
deposit compensation, he shall in his statement indicate the grounds
on which he disclaims liabilExcerpt shown. Open the full act in Lexace.