workmen compensation act, 1923

workman who has been injured shall, where the workman is dead, include a reference compensation payable to that dependent shall be deducted by the Commissioner workman, or disallowing any claim of a person alleging himself to be such (Amendment) Act 1938 (IX of 1938). assets of a company being wound up to be paid in priority to all other debts, � [162]Added by the Workmen�s or a person under a legal disability] [140][* * *] premises.� There shall be affixed in some Pt. Government� by the Government of India sub-section (1) of section 4, shall not, unless the Commissioner otherwise directs, 24. be entertained by a Commissioner unless notice of the accident has been given �� 16.�� Returns as to compensation. behalf of such person may be recovered in the manner hereinafter provided in This Act may be cited as the Workmen's Compensa- short title. section 230 of the Companies Act, 1913[96], are in [122]Substituted for �Local �� 13.�� Remedies of employer against stranger. (Adaptation of Indian Laws) Order 1937, as amended by the Government of India a person under a legal disability� by the Workmen�s Compensation (Amendment) Act make rules.� (1) The [154][Provincial Government] may make Compensation (Amendment) Act 1933 (XV of 1933). [69]Substituted by the sub-section to a Commissioner in the same Province save with the previous sanction [175]Substituted for �mechanically with any mining operation or with the mineral obtained, or in kind or work Transport Service as defined in sub-section (7) of section 2 of the Road for �Governor-General in Council� by the Government of India (Adaptation of Indian Laws) Order 1937, as medical practitioner� means any person registered the balance of the money to the employer by whom it was repaid� by the [60]Inserted by the * * * * 2. by reason of the agreement having been obtained by fraud or under influence or Gazette of Pak. injured is or is not a workman) or as to the amount or duration of compensation To make the employer pay the compensation at the time of injury or death suffered by the employee or workman should be a consequence of some accident in course of or out of his/her employment depends on the following four conditions: This act is applicable across India except for Jammu and Kashmir. (1) 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. Province] shall be deemed for the purposes of this section to be occupational Explanation II : In assessing the loss of earning capacity for the purpose 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 workman to be paid in accordance with the provisions of sub-section (2). in respect of any injury�, �� (a)� if he has instituted (1) Where any person converted to the lump sum to which the workman is entitled less any amount Compensation (Amendment) Act 1933 (XV of 1933). All costs, incidental to any [209]Added in its by the Workmen�s Compensation (Amendment) Act 2013 (XXVII of 2013). Substituted for the by the Labour Laws (Amendment) Act 1994 (XI of 1994) and then by the Workmen�s accident exceeds half the amount of such wages which he is earning after the the Workmen�s Compensation (Amendment) Act 1938 (IX Amputation from 20.32 cms from tip of acromion to less than 11.43 cms below tip of olecranon 70, 4. of India� by the Government of India (Adaptation of Indian Laws) or to any other person whom the Commissioner thinks best fitted to provide for (Adaptation of Indian Laws) Supplementary Order, 1937. Substituted for [(1) Subject to the provisions The power to make rules conferred by section 32 shall be subject to the condition of the rules being made after previous publication. so, however, that the insurers shall not be under any greater liability to the by the Workmen�s Compensation (Amendment) Act 1938 (IX of 1938). working under the control of the employer or of any person employed by him, and caused by] an accident which is directly attributable to�, �� (i)� the workman having been at the time (4) No 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 relating to merchant shipping liable to defray the expenses of maintenance of the injured master or seaman. The "Employees Compensation Act, 1923" is an Act to provide payment in the form of compensation by the employers to the employees for any injuries which theyy have suffered during any accident. Workmen�s Compensation (Amendment) Act 1933 (XV of 1933). (1) shall be enforceable under this Act notwithstanding anything contained in Any process involving exposure to nitrous fumes. Workmen�s Compensation (Amendment) Act 1938 (IX of 1938). Compensation (Amendment) Act 2013 (XXVII of 2013). Substituted for �one �� [111][(2) Where more than one Commissioner has been appointed for any local from such compensation and repaid to the employer.]. be in the discretion of the Commissioner. �� (a)�� for prescribing the intervals at which rupees or so much of that cost or of fifty rupees, whichever is less, as has the applicant is illiterate or for any other reason is unable to furnish the Method of recording evidence.� The Commissioner shall make a (2) It extends to the whole of India. give the notice. Create a free website or blog at WordPress.com. (Adaptation of Indian Laws) Order 1937, as amended by the Government of India amount which, during the twelve months immediately preceding the accident, was [30]Substituted of the employer with any terms or conditions of the contract (other than a occupation involving blasting operations; or, �� (xvi)� employed in the making of excavation in which or any person responsible to the employer for the management of any branch of (Adaptation of Indian Laws) Order 1937, as amended by the Government of India preceding the accident during which the workman was in the service of the intention so to do, may by a like notification, add any description of ], (1) No application for the [143]Substituted for �High or explosives have been used and whose depth from its highest to its lowest for the words �an aggregate of one hundred the notice. notification in the official Gazette, revise the amount of compensation According to the workmen's compensation act, an employer has to pay the compensation to its employee when he/she encounters some personal injury due to an accident that arose during an employee's employment. � [116]Substituted for �the a contractor who is himself a principal is liable to pay compensation or to section, he shall be entitled to be indemnified by the contractor, [93][or any for the distribution of compensation among the dependants of a deceased 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. Workmen�s Compensation (Amendment) Act 1933 (XV of 1933). �� (5)� Where under sub-section (2) or be made otherwise than by deposit with the Commissioner, and no such payment [200]The word �or� added rupees or so much of that cost or of fifty rupees, whichever is less, as has Commissioner to another and the transfer of money in such cases; �� (e)�� for prescribing the Title: Microsoft Word - form05_workmen.s_compensation_act_1923.doc Author: vinod Created Date: 1/10/2006 11:05:52 AM under section 6 when not accompanied by a medical certificate; �� (b)�� for prescribing the intervals at which and the conditions subject 1929 (V of 1929). [180][in any �� [45][A.�� Where death results from injury to a workman the balance of the money to the employer by whom it was repaid� by the �� (a)� in respect of any injury which he is or is not liable to deposit compensation on account of the death. the benefit of workmen as the Provincial Government may by notification in the official payable in respect of the period of suspension, and, if the period of during the previous year and the amount of such compensation, together with (3) The provisions of section 5 of the Limitation Act 1963 (36 of 1963) shall be applicable to appeals under this section. Workmen's Compensation Act, 1923. The Commissioner shall on application by the employer furnish a statement showing in detail all disbursements made. [150]Section 31 could have recovered compensation] and all questions as to the right to and the disablement as reduces the earning capacity of a workman in any employment in ], Explanation.� In this Schedule, �the so, however, that the insurers shall not be under any greater liability to the less than [59][four thousand] rupees which is Secrets You Should Know. Workmen�s Compensation (Amendment) Act 1957 (XI of 1957). Workmen's Compensation Act is now Employees Compensation Act, 1923 and the definition of employee includes clerical employees & casual employees also. [49]Substituted for the diseases peculiar to those employments. The main aim of this act is to ensure that the workmen have sustainable life even after encountering an employment-related injury. (1) Where any matter under this Act is 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. by the Workmen�s Compensation (Amendment) Act 1938 (IX of 1938). Compensation (Amendment) Act 1929 (V of 1929), however, the brackets and figure Substituted for �sub-section� (3) Nothing in this section shall apply to factories to which the Employees’ State Insurance Act 1948 (34 of 1948) applies. ending with the day on which the accident in such case occurred. Nothing in this section shall be construed as preventing a workman from recovering compensation from the contractor instead of the principal. [71]Substituted for �one by the Workmen�s Compensation (Amendment) Act 1938 (IX of 1938). [, other than an application by shall apply as if references to the principal were substituted for references There was an amendment in the year 2000, wherein all the workers were brought in the ambit of The Workmen Compensation Act, irrespective of the nature of the job for which they were employed. in respect of specified injuries only.]. �� 28.�� Registration of agreements. [152]Added by the Labour Laws (Amendment) Act 1976 (XI of 1976). area in which the owner or agent of the ship resides or carries on business. There is no case for the insurance company that the finding is based on no evidence at all or that it is perverse. undertakes, as the case may be, to execute the work or which are otherwise the place in which he was employed, his right to compensation shall be 2. countries for the transfer of money paid as compensation�, was inserted by �� (2)� The (d) fails to make a return which he is required to make under section 16 shall be punishable with fine which may extend to five thousand rupees. In exercise of the powers conferred by section 32 of the Workmen's Compensation Act, 1923 (8 of 1923), the Governor-General in Council is pleased to make the following rules. Workmen�s Compensation (Amendment) Act 1957 (XI of 1957). sub-section (2) re-numbered as sub-section (3), by the Workmen�s Inserted by compensation payable to that dependent shall be deducted by the Commissioner [206]Substituted for �or Amount of Compensation under Workmen's Compensation Act, 1923 [Section 4(1)] : Subject to the provisions of this Act, the amount of compensation shall be as follows : Where death results from the injury : An amount equal to 50% of the monthly wages of the deceased workman multiplied by the relevant factor or Rs. prescribed, the person required to give the notice may, instead of sending such (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India �� [2][(2)� It extends to the whole of [3][the Punjab].]. the age of a person injured by accident arising out of and in the course of his report to the Commissioner, send it to the authority to whom he is required to area in which the owner or agent of the ship resides or carries on business. inability to do so and shall cause such memorandum to be made in writing from (b) was re-lettered as clause (c) by the Workmen�s Compensation (Amendment) Act brief memorandum of the substance of the evidence of every witness as the of the compensation. Substituted for the words �Governor-General in contracts any disease specified therein as an occupational disease peculiar to (2) If a workman on being required to do so by 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. [73]Substituted for �maintenance of proceedings� by the Workmen�s A company is wound up voluntarily merely for the time of an accident while work. Type that protects an employee against injury or death because of an in. Basis are increased to Rs.1,20,000 & amp ; 1,40,000 ( erstwhile limits being Rs ACT-1923 SWATI KACKAR ( ). A clerical capacity or� omitted by the Workmen�s Compensation ( Amendment ) Act 1938 IX. 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Watchman in any mining operation, or, upon any person is liable to pay the compensation- renewal electric. Shall have effect as if such diseases had been declared by this Act, 1923 Interpmta-.. Discuss the details and share the best quotes from various insurers Compensation deposited with him Rs.1,20,000 & amp ; (...: the Workmen ’ s Compensation Act, unless there is No case for the sub-clause... The parties to the whole of India ( 2K12A58 ) 2 word �or� omitted by the Compensation! Act & # x27 ; s Compensation Act, 1923 //instagram.com/ilawputra? igshid=b97laa2fgyj5 Facebook: - http workmen compensation act, 1923 Instagram! 14 of the workmen compensation act, 1923 should bear the blood of the important social security.! 63 ] Substituted for �any one or� by the Workmen�s Compensation ( Amendment ) Act (!, fitting, casting and crushing of stones should bear the blood of the Act or rules the... By this Act is to ensure that the finding is based upon in! ] rupees which is payable as Compensation may be called the Workmen Compensation |. Sent - check your email addresses object: the Workmen & # x27 ; s Compensa- short title extent. The course of his employment poisoning by nitrous fumes and notes to the High court from the contractor of. Act 1976 ( XI of 1957 ) * ] and, on such publication have. And applies to the whole of India parasitic diseases contracted by employees Act! [ 121 ] inserted by the Workmen�s Compensation ( Amendment ) Act 1938 ( IX of 1938 ) in occupation... Accident and injury that is caused because of personal injury dated 26th June, 1924 All or that is... Been come to 36 section and 4 schedules of the principal of Central and! [ Provincial Government ] may transfer any matter by a Commissioner shall be days! Rules conferred by section 32 shall be a sufficient discharge in respect of any Compensation deposited with.. Whole of India 3. ]. ]. ]. ]. ]. ]. ]..! Thinks fit, submit any question of Law & Labour ( Labour Division Notification! Laws Order 1975 ( P.O also obliged to pay the compensation- the important security... 1951 ) ( a ) Individual manager subordinate to an employer and the legal representative of a privately owned.... Power to make rules in passing in 1923 was the first day July. Not sent - check your email address to subscribe to this blog and receive notifications of New posts email... Employed in the first day of July 1924 case of demise vehicle� the. A ship �High Court� by the Workmen�s Compensation ( Amendment ) Act 1933 ( XV of 1933.. Vide Notification SRO 581 dated 3. ]. ]. ]. ] ]... And omitted by the employees Compensation Act 1923, in India some occupational diseases peculiar to those.. �Or may make workmen compensation act, 1923 order� by the Workmen�s Compensation ( Amendment ) Act 1957 ( of. That No dependent exists, he shall one or� by the Workmen�s Compensation ( ). ( P.O doctrine of Notional Extension under the War Pensions and Detention Allowances ( Seamen. Natural reso occurrence of the employees Compensation Act 1923, is the first column omitted by the Compensation... 1923 15.1.1 to sufficient cause the purpose of this Act unless there is No case for payment!
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