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Unit VI Employee’s Compensation Act, 1923 For Industrial Laws Bcom Sem 4 Delhi university Notes

Unit VI Employee’s Compensation Act, 1923 For Industrial Laws Bcom Sem 4 Delhi university :  The Workmen’s Compensation Act, 1923 provides for payment of compensation to workmen and their dependants in case of injury and accident (including certain occupational disease) arising out of and in the course of employment and resulting in disablement or death. The Act applies to railway servants and persons employed in any such capacity as is specified in Schedule II of the Act. The schedule II includes persons employed in factories, mines, plantations, mechanically propelled vehicles, construction works and certain other hazardous occupations.

The amount of compensation to be paid depends on the nature of the injury and the average monthly wages and age of workmen.The minimum and maximum rates of compensation payable for death (in such cases it is paid to the dependents of workmen) and for disability have been fixed and is subject to revision from time to time.

Download here Unit VI Employee’s Compensation Act, 1923 For Industrial Laws Bcom Semester 4 Delhi university Notes in pdf format 

Unit VI Employee’s Compensation Act, 1923 For Industrial Laws Bcom Sem 4 Delhi university Notes

Unit VI Employee’s Compensation Act, 1923 For Industrial Laws Bcom Sem 4 Delhi university : A Social Security Division has been set up under the Ministry of Labour and Employment , which deals with framing of social security policy for the workers and implementation of the various social security schemes. It is also responsible for enforcing this Act. The Act is administered by the State Governments through Commissioners for Workmen’s Compensation.

The main provisions of the Act are:-

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    • An employer is liable to pay compensation:- (i) if personal injury is caused to a workman by accident arising out of and in the course of his employment; (ii) if a workman employed in any employment contracts any disease, specified in the Act as an occupational disease peculiar to that employment. If the injury does not result in the total or partial disablement of the workman for a period exceeding three days.However, the employer is not liable to pay compensation in the following cases:-
    • If the injury, not resulting in death or permanent total disablement, is caused by an accident which is directly attributable to:- (i) the workman having been at the time of the accident under the influence of drink or drugs; or (ii) the willful 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 willful removal or disregard by the workman of any safety guard or other device which has been provided for the purpose of securing safety of workmen.
    • The State Government may, by notification in the Official Gazette, appoint any person to be a Commissioner for Workmen’s Compensation for such area as may be specified in the notification. 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.
    • Compensation shall be paid as soon as it falls due. 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.
    • 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 workman) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement), the question shall, in default of agreement, be settled by a Commissioner. 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.
    • The State Government may, by notification in the Official Gazette, direct that every person employing workmen, or that any specified class of such persons, shall send at such time and in such form and to such authority, as may be specified in the notification, a correct return specifying the number of injuries in respect of which compensation has been paid by the employer during the previous year and the amount of such compensation together with such other particulars as to the compensation as the State Government may direct
  • Whoever, fails to maintain a notice-book which he is required to maintain; or fails to send to the Commissioner a statement which he is required to send; or fails to send a report which he is required to send; or fails to make a return which he is required to make, shall be punishable with fine.

Unit VI Employee’s Compensation Act, 1923 For Industrial Laws Bcom Sem 4 Delhi university Notes

Unit VI Employee’s Compensation Act, 1923 For Industrial Laws Bcom Sem 4 Delhi university : In this Act, unless there is anything repugnant in the subject or context  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  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;]

Unit VI Employee’s Compensation Act, 1923 For Industrial Laws Bcom Sem 4 Delhi university : “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 5 [an employee] are temporarily lent or let on hire to another person by the person with whom the 6 [employee] has entered into a contract of service or apprenticeship, means such other person while the 6[employee] is working for him;  “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;

State Amendment West Bengal. —in section 2, in sub-section (1), after clause (f), insert the following clause, namely:— ‘(ff) “medical reference” means a qualified medical practitioner appointed under section 24A as a medical reference for the purposes of this Act’. [ Vide Bengal Act 6 of 1942, sec. 3 (w.e.f. 19-11-1942).]  “minor” means a person who has not attained the age of eighteen years;]

Unit VI Employee’s Compensation Act, 1923 For Industrial Laws Bcom Sem 4 Delhi university : “Partial disablement” means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a 6 [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 8 [in Part II of Schedule I] shall be deemed to result in permanent partial disablement;  “prescribed” means prescribed by rules made under this Act;
 “Qualified medical practitioner” means any person registered 9 [***] under any 10 [Central Act, Provincial Act, or an Act of the Legislature of a 11 [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;  “seaman” means any person forming part of the crew of any 13 [***] ship, but does not include the master of 14 [the] ship; “total disablement” means such disablement, whether of a temporary or permanent nature, as incapacitates 15 [an employee] for all work which he was capable of performing at the time of the accident resulting in such disablement:16 [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;]
“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 15 [an employee] towards any pension or provident fund or a sum paid to 15 [an employee] to cover any special expenses entailed on him by the nature of his employment; 

Unit VI Employee’s Compensation Act, 1923 For Industrial Laws Bcom Sem 4 Delhi university Notes

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