Category Archive Service and Labour Laws

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Sale Promotion Employees (Conditions of Service) Act, 1976

1. SHORT TITLE, EXTENT, COMMENCEMENT AND APPLICATION. –

[Act 11 of 1976 as amended by Acts 46 of 1982, 69 of 1982 and Act 48 of 1986]

[25TH JANUARY, 1976]

An Act to regulate certain conditions of service of sales promotion employees in certain establishments.

Be it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows :

(1) This Act may be called the Sales Promotion Employees (Conditions of Service) Act, 1976.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States.

(4) It shall apply in the first instance to every establishment engaged in pharmaceutical industry.

(5) The Central Government may, by notification in the Official Gazette, apply the provisions of this Act, with effect from such date as may be specified in the notification to any other establishment engaged in any notified industry.

2. DEFINITIONS. –

In this Act, unless the context otherwise requries –

(a) “establishment mens an establishment engaged in pharmaceutical industry or in any notified industry;

(b) “notified industry” means an industry declared as such under Section 3;

(c) “prescribed” means prescribed by rules made under this Act;

(d) “sales promotion employees” means any person by whatever name called (including an apprentice) employed or engaged in any establishment for hire or reward to do include any such person –

(i) who, being employed or engaged in a supervisory capacity, draws wages exceeding sixteen hundred rupees per mensem; or

(ii) who is employed or engaged mainly in a managerial or administrative capacity;

Explanation : For the purposes of this clause, the wager per menses of a person shall be deemed to be the amount equal to thirty times his total wages (whether or not including, or comprising only of, commission) in respect of the continuous period of his service falling within the period of twelve months immediately preceding the date with reference to which the calculation is to be made, divided by the number of days comprising that period of service;

(e) all words and expressions uses but not defined in this Act and defined in the Industrial Disputes Act, 1947 (14 of 1947), shall have the meanings respectively assigned to them in that Act.

3. POWER OF CENTRAL GOVERNMENT TO DECLARE CERTAIN INDUSTRIES TO BE NOTIFIED INDUSTRIES. –

The Central Government may, having regard to the nature of any industry (not being pharmaceutical industry), the number of employees employed in such industry to do any work relating to promotion of sales or business or both, the conditions of service of such employees and such other factors which, in the opinion of the Central Government, are relevant, declare such industry to be a notified industry for the purposes of this Act.

4. LEAVE. –

(1) In addition to such holidays, casual leave or other kinds of leave as may be prescribed, every sales promotion employee shall be ranted, if so requested for –

(a) earned leave on full wages for not less than one-eleventh of the period spent on duty;

(b) leave on medical certificate on one-half of the wages for not less than one-eighteenth of the period of service.

(2) The maximum limit up to which a sales promotion employee may accumulate earned leave shall be such as may be prescribed.

(3) The limit up to the earned leave may be availed of at a time by a sales promotion employee and the reasons for which such limit may be exceeded shall be such as may be prescribed.

(4) A sales promotion employee shall, –

(a) when he voluntarily relinquishes his post or retires from service, or

(b) when his service are terminated for any reason whatsoever (not being termination as punishment), be entitled to cash compensation, subject to such conditions and restrictions as may be prescribed (including conditions byway of specifying the maximum period for which such cash compensation shall be payable), in respect of the earned leave earned by him and not availed of.

(5) Where a sales promoting employee dies while in service, his heirs shall be entitled to cash compensation for the earned leave earned by him and not availed of.

(6) The cash compensation which will be payable to a sales promotion employee or, as the case may be, his heirs in respect of any period of earned leave for which he or his heirs, as the case may be, is or are entitled to cash compensation under sub-section (4) or sub-section(5), as the case may be, shall be an amount equal to the wages due to such sales promotion employee for such period.

5. ISSUE OF APPOINTMENT LETTER. –

Every employer in relation to a sales promotion employee shall furnish to such employee a letter of appointment, in such form as may be prescribed, –

(a) in a case where he holds appointment as such at the commencement of this Act, within three months of such commencement; and

(b) in any other case, on his appointment as such.

6. APPLICATION OF CERTAIN ACTS TO SALES PROMOTION EMPLOYEES. –

The provisions of the Workmen’s Compensation Act, 1923(8 of 1923), as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, workmen within the meaning of that Act.

(2) The provisions of the Industrial Disputes Act, 1947(14 of 1947), as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, workmen within the meaning of the Act and for the purposes of any proceeding under that Act in relation to an industrial dispute, a sales promotion employee shall be deemed, discharged or retrenched in connection with, or as a consequence of, that dispute or whose dismissal, discharged or retrenchment had led to that dispute.

(3) The provisions of the Minimum Wages Act, 1948(11 of 1948 ), as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, employees within the meaning of that Act.

(4) The provisions of the Maternity Benefit Act, 1961(53 of 1961 ), as in force for the time being, shall apply to, or in relation to, sales promotion employees, being women, as they apply to, or in relation to, women employed, whether directly or through any agency, for wages in any establishment within the meaning of that Act.

(5) The provisions of the Payment of Bonus Act, 1965(21 of 1965 ), as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, employees within the meaning of that Act.

(6) The provisions of the Payment of Gratuity Act, 1972(39 of 1972 ), as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, employees within the meaning of that Act.

(7) Notwithstanding anything contained in the foregoing sub-sections, –

(a) in the application of any Act referred to in any of the said sub-section to sales promotion employees, the wages of a sales promotion employee for the purposes of such Act, shall be deemed to be his wages as computed in accordance with the provisions of this Act;

(b) where an Act referred to in any of the said sub-sections provides for a ceiling limit as to wages so as to exclude from the purview of the application of such Act persons whose wages exceed such ceiling limit, such Act shall not apply to any sales promotion employee whose wages as computed in accordance with the provisions of this Act exceed such ceiling limit.

7. MAINTENANCE OF REGISTERS. –

Every employer in relation to an establishment shall keep and maintain such registers and other documents and in such manner as may be prescribed.

8. INSPECTORS. –

(1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits within which they shall exercise their functions.

(2) Any Inspector appointed under sub-section(1) may, for the purpose of ascertaining whether any of the provisions of this Act have been complied with in respect of an establishment, –

(a) require an employer to furnish such information as he may consider necessary;

(b) at any reasonable time enter the establishment or any premises connected therewith and require any one found in charge thereof to produce before him for examination of sales promotion employees;

(c) examine with respect to any matter relevant to any purposes aforesaid, the employer his agent or servant or any other person found in charge of the establishment or any premises connected therewith or any person whom the Inspector has reasonable cause to believe to be or to have been a sales promotion employee in the establishment;

(d) make copies of or take extracts from any register or other documents maintained in relation to the establishment under this Act;

(e) exercise such other powers as may be prescribed.

(3) Every Inspector shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860(45 of 1860).

(4) Any person required to produce any register or other document or to give information by an Inspector under sub-section(2) shall be legally bound to do so.

9. PENALTY. –

If any employer contravenes the provisions of Section 4 or Section 5 or Section 7 or any rules made under this Act, he shall be punishable with fine which may extend to one thousand rupees.

10. OFFENCES BY COMPANIES. –

(1) Where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this section, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section(1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributed to, any neglect on the part of any director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

(3) For the purposes of this section, –

(a) “company” means any body corporate and includes a firm or other association of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

11. COGNIZANCE OF OFFENCES. –

(1) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.

(2) No court shall take cognizance of an offence under this Act, unless the complaint thereof is made within six months of the date on which the offence is alleged to have been committed.

11-A. EFFECT OF LAWS AND AGREEMENTS INCONSISTENT WITH THIS ACT. –

(1) The provisions of this Act or of any rule made there under shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement, settlement or contract of service, whether made before or after the coming into force of this Act :

Provided that where under any such law, award, agreement, settlement or contract of service, a sales promotion employee is entitled to benefits in respect of any matter which are more favorable to him than those to which he would be entitled under this Act, the sales promotion employee shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this Act.

(2) Nothing contained in this Act shall be construed to preclude a sales promotion employee from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act.

12. POWER TO MAKE RULES. –

(1) The Central Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the kinds of leave that may be granted to a sales promotion employee, the limit up to which he may accumulate earned leave, the limit up to which he may avail of earned leave at a time and reasons for which such limit may be exceeded, the conditions and restrictions subject to which he may be entitled to cash compensation under Section 4;

(b) the form of the letter of appointment to be furnished under Section 5;

(c) the registers and other documents to be kept and maintained under Section 7 and the manner in which such registers and other document may be kept and maintained.

(d) any other matter which has to be, or may be prescribed.

(3) Every rule made by the Central Government under this Act 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 or 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.

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Salaries and Allowances of Officers of Parliament (Amendment) Act, 2008

SALARIES AND ALLOWANCES OF OFFICERS OF PARLIAMENT (AMENDMENT) ACT, 20081

[ACT NO. 30 OF 2008]

[30th December, 2008]

An Act further to amend the Salaries and Allowances of Officers of Parliament Act, 1953 Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:-

Prefatory Note-Statement of Objects and Reasons.

At present, the Chairman of the Council of States is paid a salary of Rs 40,000 per mensem. In view of the enchancement in the Salary and Allowances of

Members of Parliament and of officers of the Government of India based on the recommendations of the Sixth Pay Commission and also the amendments being proposed for raising the salary of the President of India and the Governors of States with effect from the 1st day of January, 2006, it is proposed that the salary of the Chairman of the Council of States be also raised to Rs 1,25,000 per month with effect from the 1st day of January, 2006 to ensure parity with the emoluments likely to be payable to the President of India and those likely to be payable to the Governor of a State.

2. The Bill seeks to achieve the above objects.

——————–

1. Received the assent of the President on December 30, 2008 and published in the Gazette of India, Extra., Part II, Section 1, dated 31st December, 2008, p. 1, No. 39

1. Short title

This Act may be called the Salaries and Allowances of Officers of Parliament (Amendment) Act, 2008.

2. Amendment of Section 3 of Act 20 of 1953.

In Section 3 of the Salaries and Allowances of Officers of Parliament Act, 1953, in sub-section (1), for the words “forty thousand rupees”, the words “one lakh twenty-five thousand rupees” shall be substituted and shall be deemed to have been substituted with effect from the 1st day of January, 2006.

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The Salaries and Allowances of Ministers (Amendment) Act, 2009

The Salaries and Allowances of Ministers (Amendment) Act, 20091

[NO. 2 OF 2010]

[January 21, 2010]

An Act further to amend the Salaries and Allowances of Ministers Act, 1952

Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows—

Prefatory Note—Statement of Objects and Reasons-

Under sub-section (1-A) of Section 6 of the Salaries and Allowances of Ministers Act, 1952, a Minister is entitled (subject to certain provisions of the said Act) to travelling allowance in respect of not more than twelve return journeys performed, during each year, within India, for himself and his family, whether travelling together or separately, subject to the overall entitlement of forty-eight single journeys in each year. Under sub-section (2) of Section 5 of the Salary, Allowances and Pension of Members of Parliament Act, 1954, a Member of Parliament is entitled (subject to certain provisions of the said Act) to an amount equal to the fare by air for each single journey performed by him either alone or along with spouse or any number of companions or relatives from any place in India to any other place in India during his term of office as such Member, subject to a maximum of thirty-four such journeys per year.

2. From the abovementioned provisions, it is observed that a Member of Parliament is entitled to travel by air for each single journey performed by him, either alone or along with spouse or any other number of companions or relatives whereas, a Minister can avail this facility either for himself or for his family members only.

3. In order to remove this discrepancy in the entitlement of Ministry to travel facilities, it is proposed to amend sub-section (1-A) of Section 6 of the Salaries and Allowances of Ministers Act, 1952 so as to allow the spouse or legitimate or step children residing with or wholly dependent on the Minister to travel on their own or with the Minister but to allow the companions or relatives of the Ministers to travel only with the Minister, subject to a maximum of forty-eight fares only.

4. The Bill seeks to achieve the above object.

——————–

1. Received the assent of the President on January 21, 2010 and published in the Gazette of India, Extra., Part II, Section 1, dated 22nd January, 2010, pp. 1-2, No. 3

1. Short title and commencement.—

(1) This Act may be called the Salaries and Allowances of Ministers (Amendment) Act, 2009.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of Section 6 of Act 58 of 1952.—

In Section 6 of the Salaries and Allowances of Ministers Act, 1952, for sub-section (1-A), the following sub-section shall be substituted, namely—

“(1-A) A Minister shall be entitled to an amount equal to the fare for a single journey performed by him, during each year, within India, either alone or along with spouse or legitimate or step children, residing with and wholly dependent on him, or any number of companions or relatives, at the same rates at which travelling allowance is payable to such Minister under clause (b) of sub-section (1) in respect of tours referred to in that clause, subject to a maximum of forty-eight such fares per year:

Provided that the spouse or legitimate or step children residing with and wholly dependent on the Minister, as the case may be, may undertake such journey alone.”

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Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006

Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 20061

[No. 40 OF 2006]

[September 12, 2006]

An Act further to amend the Salary, Allowances and Pension of Members of Parliament Act, 1954

Be it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:-

Prefatory Note-Statement of Objects and Reasons.-The Joint Committee on Salaries and Allowances of Members of Parliament in its Report dated the 22nd May, 2006 has made certain recommendations regarding increase in the salary, daily allowance and the other facilities to which the Members of Parliament are entitled to, pension payable to former Members of Parliament and family pension to the spouse or dependent of the Members of Parliament and former Members of Parliament after the demise of such Members of Parliament/former Members of Parliament. After considering the said Report, it has been decided to enhance the salary, daily allowance, rate of road mileage and other facilities to which the Members of Parliament are entitled to and pension to former Members of Parliament and the family pension to the spouse or dependent of Members of Parliament and former Members of Parliament after the demise of Members of Parliament/former Members of Parliament. It is, therefore, proposed to amend the Salary, Allowances and Pension of Members of Parliament Act, 1954 for giving effect to the aforesaid proposals.

2. The Bill, inter alia, seeks to provide for the following, namely:-

(i) to enhance the salary of Members of Parliament from twelve thousand rupees per mensem to sixteen thousand rupees per mensem for a period of five years from 14th September, 2006;

(ii) to enhance the allowance payable to the Members of Parliament during any period of residence on duty from five hundred rupees for each day of duty to one thousand rupees for each day of duty for a period of five years from 14th September, 2006;

(iii) to enhance the rate of road mileage in respect of every journey performed in India for the purpose of attending session of a House of Parliament or a meeting of a Parliamentary Committee or for the purpose of attending to any other business connected with his duties as a Member of Parliament from eight rupees per kilometre to thirteen rupees per kilometre for a period of five years from the enactment of the proposed legislation;

(iv) to allow a physically incapacitated Member of Parliament who cannot travel by air and rail to travel by road;

(v) to reduce the interval between the adjournment of a House of Parliament or, one sitting of a Parliamentary Committee and the reassembly of that House or the next sitting of the Committee at the same place, as the case may be, from seven days to five days;

(vi) to enhance thirty-two single air journeys to which a Member of Parliament is entitled to avail in a year to thirty-four single air journeys in a year;

(vii) to allow the ex-Members of Parliament from the Andaman and Nicobar Islands or the Lakshadweep to travel by highest class of accommodation in any steamer sailing between the Andaman and Nicobar Islands or Lakshadweep, as the case may be, and the main land territory of India without payment of any charges, on the basis of an authorisation issued for the purpose by the concerned Secretariat of Parliament;

(viii) to enhance the pension of three thousand rupees per mensem available to a former Member of Parliament to six thousand rupees per mensem and the additional pension of six hundred rupees per mensem payable to them for every year in excess of five years membership to eight hundred rupees per mensem;

(ix) to increase the family pension payable to the spouse or dependent of a Member of Parliament dying during his term of office from one thousand five hundred rupees per mensem to three thousand rupees per mensem for life as against only for a period of five years only as at present;

(x) to provide the spouse of dependent of a deceased former Members of Parliament a family pension of three thousand rupees per mensem for life of such spouse or dependent till he remains as such without any claim for the arrears prior to the commencement of the proposed legislation.

3. The Bill seeks to achieve the above objects.

——————–

1. Received the assent of the President on September 12, 2006 and published in the Gazette of India, Extra., Part II, Section 1, dated 12th September, 2006, pp. 1-4, No. 47.

1. Short title and commencement.

(1) This Act may be called the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006.

(2) Save as otherwise provided, it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act.

2. Amendment of Section 3.

In Section 3 of the Salary, Allowances and Pension of Members of Parliament Act, 1954 (30 of 1954) (hereinafter referred to as the principal Act),-

(a) for the words “at the rate of four thousand rupees per mensem”, the words “at the rate of sixteen thousand rupees per mensem” shall be substituted;

(b) for the words “at the rate of four hundred rupees for each day”, the words “at the rate of one thousand rupees for each day” shall be substituted;

(c) for the second and third provisos, the following proviso shall be substituted, namely:-

“Provided further that the rates of salary and allowance specified in this section shall be applicable for a period of five years from the 14th day of September, 2006 or until it is refixed, whichever is later.”

3. Amendment of Section 4.

In Section 4 of the principal Act, in sub-section (1),-

(a) in clause (c), in sub-clause (ii), for the words “at the rate of eight rupees per kilometre”, the words “at the rate of thirteen rupees per kilometre” shall be substituted;

(b) after the second proviso, and before the Explanation, the following proviso shall be inserted, namely:-

“Provided also that the rate specified in sub-clause (ii) of clause (c) of this sub-section shall be applicable for a period of five years from the date of commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006.”;

(c) in sub-section (2), after the second proviso, the following proviso shall be inserted, namely:-

“Provided also that the first proviso shall not be applicable to a member who, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker of the House of the People, is so incapacitated physically and not travel by air or train.”.

4. Amendment of Section 5.

In Section 5 of the principal Act,-

(a) in sub-section (1-A), for the words “seven days”, the words “five days” shall be substituted;

(b) in sub-section (2),-

(i) for the first proviso, the following proviso shall be substituted, namely:-

“Provided that the total number of such journey under this subsection shall be thirty-four journeys per year:”;

(ii) in the second proviso, for the words “less than thirty-two”, the words “less than thirty-four” shall be substituted;

(iii) in the third proviso, for the words “thirty-two journeys”, the words “thirty-four journeys” shall be substituted;

(iv) after the third proviso, the following proviso shall be inserted, namely:-

“Provided also that in case any member avails a total number of journeys by air more than thirty-four, such journeys permissible to him in the year, he may be allowed to adjust not exceeding eight such journeys from the entitled number of journeys which may accrue in his credit in the next following year.”;

(c) after sub-section (2) and before Explanation I, the following sub-section shall be inserted, namely:-

“(3) Notwithstanding anything contained in sub-section (2), there shall be paid to a member who, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker of the House of the People, is so incapacitated physically and therefore cannot perform air or train journey, road mileage for the entire road journey.”;

(d) in Explanation III, for the words “thirty-two journeys”, the words “thirty-four journeys” shall be substituted;

5. Amendment of Section 6-D.

In Section 6-D of the principal Act, after clause (ii), the following clause shall be added and shall be deemed to have been added with effect from the 17th day of May, 2004, namely:-

“(iii) by road as is referred to in Section 4 or Section 5, be entitled to an amount equal to one road mileage.”

6. Amendment of Section 7.

In Section 7 of the principal Act, for the words “seven days”, the words “five days” shall be substituted.

7. Amendment of Section 8-A.

In Section 8-A of the principal Act,-

(a) for sub-section (1) and the proviso thereto, the following shall be substituted, namely:-

“(1) With effect from the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006, there shall be paid a pension of eight thousand rupees per mensem to every person who has served for any period as a member of the Provisional Parliament or either House of Parliament:

Provided that where a person has served as a member of the Provisional Parliament or either House of Parliament for a period exceeding five years, there shall be paid to him an additional pension of eight hundred rupees per mensem for every year served in excess of five years.”;

(b) sub-section (1-A) and the Explanation thereunder shall be omitted.

8. Amendment of Section 8-AA.

Section 8-AA of the principal Act shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:-

“(2) Every person who is not a sitting member but has served for any period as a member from the Andaman and Nicobar islands or the Lakshadweep, shall be entitled to travel by the highest class of accommodation in any steamer sailing between the Andaman and Nicobar Islands or, as the case may be, the Lakshadweep and the main land territory of India in addition to the facilities available to such member under subsection (1), without payment of any charges on the basis of an authorisation issued for this purpose by the Secretariat of either House of Parliament.”.

9. Insertion of new Section 8-AC.

After Section 8-AB of the principal Act, the following section shall be inserted, namely:-

“8-AC. Family pension.-

(1) On the death of a member of either House of Parliament during his term of office, his spouse, if any, or dependent of such member shall be paid during the remaining period of life of such spouse or, as the case may be, such dependent so long as such dependent continues to be a dependent within the meaning of clause {ad) of Section 2, family pension equivalent to one-half of the pension which such number of Parliament would have received had he retired :

Provided that no such family pension shall be payable to a dependent if such dependent is a sitting member of Parliament or is drawing pension under Section 8-A.

(2) The family pension payable under sub-section (1) shall also be payable to the spouse or dependent of a person who was a member of either House of Parliament or the Provisional Parliament at any time before the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006 and died after serving as such member:

Provided that such spouse or dependent is not drawing any pension under this Act or is not entitled to draw family pension under the proviso to sub-section (1):

Provided further that no person shall be entitled to claim arrears of any family pension under this sub-section in respect of a period before the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006.

Explanation.-For the purposes of this section, “Provisional Parliament” shall include the body which functioned as the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution.’.

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Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2010

SALARY, ALLOWANCES AND PENSION OF MEMBERS OF PARLIAMENT (AMENDMENT) ACT, 20101

[NO. 37 OF 2010]

[21st September, 2010]

An Act further to amend the Salary, Allowances and Pension of Members of Parliament Act, 1954

Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows—

——————–

1. Received the assent of the President on September 21, 2010 and published in the Gazette of India, Extra., Part II, Section I, dated 22nd September, 2010, pp. 1-3, No. 46

Prefatory Note—Statement of Objects and Reasons.

The Joint Committee on Salaries and Allowances of Members of Parliament in its Report dated the 5th May, 2010 has made certain recommendations regarding increase in the salary, daily allowances and the other facilities to which the Members of Parliament are entitled to, pension payable to former Members of Parliament. After considering the said report, it has been decided to accept certain recommendations relating to salary, daily allowance, rate of road mileage and other facilities to which the Members of Parliament are entitled to and pension to former Members of Parliament. It is, therefore, proposed to amend the Salary, Allowances and Pension of Members of Parliament Act, 1954 for giving effect to the aforesaid proposals.

2. The Salary, Allowances and Pension of Members of Parliament (Amendment) Bill, 2010, inter alia, seeks to amend the Salary, Allowances and Pension of Members of Parliament Act, 1954 to provide for the following, namely—

(a) to enhance the salary of Members of Parliament from sixteen thousand rupees per mensem to fifty thousand rupees per mensem, from the date of constitution of the 15th Lok Sabha, i.e., 18th May, 2009;

(b) to enhance the daily allowance payable to the Members of Parliament during any period of residence on duty from one thousand rupees to two thousand rupees for each day of duty;

(c) to enhance the rate of road mileage from thirteen rupees per kilometer to sixteen rupees per kilometer;

(d) to provide for the rail travel facility of the spouse of a Member so that the spouse can travel any number of times by railway in first class air-conditioned or executive class in any train from the usual place of residence of the Member to Delhi and back; and when Parliament is in session, by air or partly by air and partly by rail, from the usual place of residence of the Member to Delhi and back, subject to the condition that the total number of such air journeys shall not exceed eight in a year;

(e) to enhance the pension of eight thousand rupees per mensem available to a former Member of Parliament to twenty thousand rupees per mensem and the additional pension of eight hundred rupees per mensem payable to them for every year in excess of five years membership to fifteen hundred rupees per memsem, from the date of constitution of the 15th Lok Sabha, i.e., 18th May, 2009;

(f) to enhance the amount of repayable advance for purchase of conveyance, from one lakh rupees to four lakh rupees.

3. The proposed provisions for daily allowance, road mileage allowance and rail travel facility referred to in sub-paragraphs (b) to (d) and repayable advance for purchase of conveyance referred to in sub-paragraph (f) shall be applicable from such date as the Central Government may notify.

4. The Bill seeks to achieve the above objects.

1. Short title and commencement.

(1) This Act may be called the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2010.

(2) Save as otherwise provided, it shall come into force on such date as the Central Government may, by notification, in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

2. Amendment of Section 3.

In the Salary, Allowances and Pension of Members of Parliament Act, 1954 (30 of 1954), (hereinafter referred to as the principal Act), in Section 3,—

(i) for the words “a salary at the rate of sixteen thousand rupees per mensem”, the words “a salary at the rate of fifty thousand rupees per mensem” shall be substituted;

(ii) for the words “an allowance at the rate of one thousand rupees for each day”, the words “an allowance at the rate of two thousand rupees for each day” shall be substituted;

(iii) for the second proviso, the following proviso shall be substituted, namely—

“Provided further that the rates of salary specified in this section shall be application from the 18th day of May, 2009.”

3. Amendment of Section 4.

In the principal Act, in Section 4, in sub-section (1),—

(i) in sub-clause (ii) of clause (c), for the words “a road mileage at the rate of thirteen rupees per kilometre”, the words “a road mileage at the rate of sixteen rupees per kilometre” shall be substituted;

(ii) for the first proviso, the following proviso shall be substituted, namely—

“Provided that when Parliament is in session and the spouse of a Member, if any, performs such journey or part thereof by road, unaccompanied by such Member, in respect of which such spouse has been allowed to travel by air or partly by air and partly by rail from the usual place of residence of the Member to Delhi or back under sub-section (2) of Section 6-B, the road mileage prescribed under this sub-clause shall be allowed to such Member for such journey or part thereof, subject to the condition that the total number of such journeys shall not exceed eight in a year;

(iii) the third proviso shall be omitted.

4. Amendment Section 6-B.

In the principal Act, in Section 6-B, for sub-section (2), the following sub-section shall be substituted, namely—

“(2) Notwithstanding anything contained in clause (ii) of sub-section (1), the spouse of a Member shall be entitled to travel,—

(a) any number of times, by railway in first class air-conditioned or executive class in any train from the usual place of residence of the Member to Delhi and back; and

(b) when Parliament is in session, by air or partly by air and partly by rail, from the usual place of residence of the Member to Delhi or back, subject to the condition that the total number of such air journeys shall not exceed eight in a year:

Provided that where any such journey or part thereof is performed by air from any place other than the usual place of residence of the Member to Delhi and back, then, such spouse shall be entitled to an amount equal to the fare by air for such journey or part thereof, as the case may be, or to the amount equal to the journey performed by air from the usual place of residence of the Member to Delhi and back, whichever is less.”

5. Amendment of Section 8-A.

In the principal Act, in Section 8-A, for sub-section (1), the following sub-section shall be substituted, namely—

(1) With effect from the 18th day of May, 2009, there shall be paid a pension of twenty thousand rupees per mensem to every person who has served for any period as a Member of the Provisional Parliament or either House of Parliament:

Provided that where a person has served as a Member of the Provisional Parliament or either House of Parliament for a period exceeding five years, there shall be paid to him an additional pension of fifteen hundred rupees per mensem for every year served in excess of five years.

Explanation.—For the purpose of this sub-section, “Provisional Parliament” shall include the body which functioned as the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution.’.

6. Amendment of Section 8-B.

In the principal Act, in Section 8-B, for the words “one lakh rupees”, the words “four lakh rupees” shall be substituted.

CORRIGENDUM

In the Legal Metrology Act, 2009 (1 of 2010), (2010-CCL-II-24) as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 14th January, 2010 (Issue No.l),—

At Page 36, Section 48(3), for “52”, read “53”.

Bydeb

Salary, Allowances and Pension of Members of Parliament Act, 1954

Preamble

[Act No. 30 of 1954]

STATEMENT OF OBJECTS AND REASONS

I

“Under article 106 of the Constitution Members of Parliament are entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made. allowances at such rates and upon such conditions as were immediately before the commencement of the Constitution applicable in the case of Members of the Constituent Assembly.

Parliament has not enacted any law so far with the result that Members have continued to receive allowances at rates which applied to the Members of the Constituent Assembly despite certain changes which have since occurred in the classification of accommodation on railways. This Bill seeks to establish the basis on which salary and allowances should be drawn by Members of Parliament.”-Gaz. of Ind., 1954,dt. 8-5-1954, Pt. II, section 2. Extra., p. 287.

II

Amending Act 25 of 1969.– On the 26th April, 1968, during discussion of the Salaries and Allowances of Members of Parliament (Amendment) Bill, 1967, by Shri Pannalal Barupal, the Minister of Parliamentary Affairs suggested that the question as to what concessions and facilities might be given to members of Parliament might be gone into by a Committee. Thereupon the Bill was withdrawn by leave of the House.

2. On 14th May, 1968 members were nominated by the Speaker of Lok Sabha and Chairman of Rajya Sabha to the Joint Committee of the Houses of Parliament to go into the question of providing further amenities and facilities to members of Parliament. This Committee made certain recommendations in this regard in its report which was presented to Lok Sabha on 7th August, 1968.

3. The recommendations of this Committee, unanimous as well as majority, are sought to be implemented through this Bill.-Gaz. of India, 16-5-1969, Pt. II, section 2, Ext., p. 486.

III

Amending Act 29 of 1972.– “The main object of the Bill is to enable the Members of Parliament representing the Union Territory of the Andaman and Nicobar Islands and the Union Territory of Laccadive, Minicoy and Amindivi Islands to the facility of a free non-transferable pass which would entitle them to travel at any time by the highest class by steamer to and any part of his constituency and any other part of his constituency or the nearest port in the mainland of India.

2. The other amendments proposed in the Bill are either consequential or verbal in nature.”-Gaz. of Ind., 20-12- 1971, Pt. II, section 2, Extra, p. 1 173.

IV

Amending Act 65 of 1974.– The object of the Bill is to amend the Salaries and Allowances of Members of Parliament Act, 1954 with a view to entitling the Members of Parliament to draw road mileage allowance at the rate of one rupee per kilometer instead of thirty-two paise per kilometer, as at present, keeping in view the steep increase in the price of petrol, oil and lubricants.

The above amendment is being made to give effect to the recommendation made by the Joint Committee on Salaries and Allowances of Members of Parliament.-Gaz. of India, 19-12-1974, Pt. II-S. 2, Ext., p. 1206.

V

Amending Act 48 of 1975.– The Bill seeks to amend the Salaries and Allowances of Members of Parliament Act, 1954, with a view to entitling the Members of Parliament to receive such water electricity, constituency and Secretarial facilities, of such amount in cash in lieu thereof, and also such amount in cash in lieu of housing and postal facilities, as may be specified by the rules, so as to enable them to discharge their duties more efficiently as representatives of the people.

The above amendment is mainly based on the recommendations made by the Joint Committee on Salaries and Allowances of Members of Parliament.-Gaz. of India, 6-8-1978, Pt. II, section 2, Ext., p. 676.

VI

Amending Act 105 of 1976.– The object of the Bill is to amend the Salaries and Allowances of Members of Parliament Act, 1954 with a view to entitling Members of Parliament to-

(a) free air travel facility when the usual place of residence of a member is inaccessible by road or rail or steamer due to climatic conditions;

(b) salaries and allowances, etc., from the date of taking oath; and

(c) undertake unutilise intermediate air journeys in subsequent sessions.

Provision is also being made entitling ex-members of Parliament to pension.

2. The above amendments are being made in the light of the recommendations made by the Joint Committee on Salaries and Allowances of Members of Parliament.-Gaz. of India, 31-8-1976. Pt. II, section 2, Ext., p. 1358.

VII

Amending Act 27 of 1979.– In pursuance of a recommendation of the Joint Committee on Salaries and Allowances of Members of Parliament, it is proposed to amend the Salary, Allowances and Pension of Members of Parliament Act, 1954 in order to allow a blind Member the facility of an attendant while performing journeys by air and also to extend the same facility to a Member who is so incapacitated physically as to require the assistance of an attendant.

2. This Bill seeks to give effect to the above objects.- Gaz. of India, 30-3-1979, Pt. II, section 2. Ext.. p. 380.

VIII

Amending Act 61 of 1982.– Keeping in view the recommendations of Joint Committee on Salaries and Allowances of Members of Parliament and the demand made by the Members on the floor of the House, it is proposed to amend the Salary, Allowances and Pension of Members of Parliament Act, 1954. with a view to provide the following additional facilities to the Members of Parliament :-

(i) Increase in the rate of Road Mileage.

(ii) One free First Class Railway Pass for one person to accompany the Member when he travels by rail instead of the lowest class now admissible.

(iii) Free air travel facility to the spouse, if any, of the Member from the usual place of residence of the Member to Delhi and back, once during every session.

2. The Bill seeks to achieve the above objects.-Gaz. of India, 2-11-1982, Pt. II, section 2, Ext., p. 3.

IX

Amending Act 22 of 1983.-According to section 3 of the Salary, Allowances and Pension of Members of Parliament Act, 1954 a member is entitled to receive salary at the rate of Rs. 500 per menses. This rate was fixed by an amendment made in 1964. According to the same section, a member is entitled to an allowance at the rate of Rs. 51 for each day during any period of residence on duty and this rate was fixed by an amendment made in the principal Act in 1969. The emoluments of members at these rates have become highly inadequate in relation to the high cost of living.

2. The Joint Committee on Salaries and Allowances of Members of Parliament had recommended that the salary of members may be raised from Rs. 500 to Rs. 750 per month and that their daily allowance may be raised from Rs. 51 to Rs. 101 per day. It is proposed that while the salary may be raised as recommended by the Joint Committee, the rate of daily allowance must be revised so as to be Rs. 75 for each day during any period of residence on duty.

3. The Bill seeks to give effect to the above objects.-Gaz. of India, 26-8-1983, Pt. II, section 2, Ext., p. 2.

Prefatory Note—Statement of Objects and Reasons.—

The Joint Committee on Salaries and Allowances of Members of Parliament have from time to time, made several recommendations for enhancing facilities to the Members of Parliament. Separately, a decision was taken to allow the former Members of the l2th Lok Sabha to utilize the balance of one lakh free local calls which had become available to them in a year during the period from the dissolution of the l2th Lok Sabha on 26th April, 1999 to 10th October, 1999, the date on which 13th Lok Sabha was constituted. This facility is proposed to be extended in future also, whenever, the Lok Sabha is prematurely dissolved. After considering the recommendations of the Joint Committee and also the other requests received from the Members of Parliament for enhancing the existing facilities, it has been proposed in the Bill to extend the following facilities to the Members of Parliament, namely:—

(i) the spouse of a Member may be allowed to travel alone either by rail in AC first class or executive class or by air or partly by rail and partly by air from the usual place of residence of the Member to Delhi and back once during every session and twice in the budget session resulting in eight such single journeys in all in a year;

(ii) a Member having no spouse may be allowed to take with him any other person in place of the spouse in first class AC or executive class during rail travel and this will be in addition to the companion already allowed in AC-II tier;

(iii) the road mileage admissible to a Member of Parliament for travel between places connected by rail or steamer will be restricted to the mileage allowance otherwise admissible for travel by rail or steamer and such road mileage may by allowed between places not connected by express or mail or super fast trains;

(iv) a Member may be paid road mileage in respect of journeys undertaken by his or her spouse, without being accompanied by such Member from the usual place of residence of the Member of Parliament to the nearest airport, railway station or port and back eight times in all in a year in respect of the journeys referred to in (i) above;

(v) a blind and a physically incapacitated Member may be allowed the facility of taking an attendant in rail travel in the same class in which he travels in lieu of the facility of a companion in AC-II tier;

(vi) the Members of the prematurely dissolved Lok Sabha may be allowed to avail of the unutilised quota of one lakh free local telephone calls, 25,000 units of electricity and 2000 kiloliters of water available to them in a year during the period from the date of dissolution till the constitution of the new Lok Sabha. A Member re-elected to the new Lok Sabha may be allowed the adjustment of the excess telephone calls, units of electricity and water after availing the above unutilised quota against the quota of free telephone calls, free units of electricity and water which become available to him or her for one year from the date of the constitution of the new Lok Sabha. This will be effective from 26th April, 1999, i.e., the date of dissolution of the l2th Lok Sabha.

2. The Bill seeks to achieve the above objects.

An Act to provide for the 1[Salary and allowances and pension] of Members of Parliament. Be it enacted by Parliament in the Fifth Year of the Republic of India as follows :-

——————–

1. Substituted for the words “Salaries and Allowances” by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1976 (105 of 1976), section 2 (9-9-1976).

Section 1. Short title and commencement

(1) This Act may be called the 1[Salary, Allowances and Pension] of Members of Parliament Act, 1954.

(2) It shall come into force on the first day of June, 1954.

——————–

1. Substituted for the words “Salaries and Allowances” by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1976(105 of 1976), section 3 (9-9-1976).

Section 2. Definitions

In this Act,-

(a) “committee” means a Committee of either House of Parliament, and includes a Joint Committee of both Houses;

(b) ‘member,’ means a member of either House of Parliament, 1[but, save as otherwise expressly provided in this Act, does not include.]-

(i) a Minister as defined in the Salaries and Allowances of Ministers Act, 1952: 2[* * *]

3[(ii) a Leader of the Opposition as defined in the Salary and Allowances of Opposition in Parliament Act, 1977: and.]

4[(iii)] an officer of Parliament as defined in the Salaries and Allowances of Officers of Parliament Act, 1953:

(c) “new member” means a member who takes his seat in either House of Parliament after the commencement of this Act and includes a member who is elected or denominated;

(d) “period of residence on duty,” means the period during which a member resides at a place where a session of a House of Parliament or a sitting of a committee is held or where any other business connected with his duties as such member is transacted, for the purpose of attending such session or sitting or for the purpose of attending to such other business, and includes-

(i) in the case of session of a House of Parliament, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and a period of such residence, not exceeding three days, immediately succeeding the date on which the House of Parliament is adjourned sine die or for a period exceeding seven days, and

(ii) in the case of a sitting of a committee or any other business a period of such residence, not exceeding two days, immediately preceding the commencement of the business of the committee or other business and a period of such residence, not exceeding two days, immediately succeeding the conclusion of the business of the committee or other business;

Explanation.- A member who ordinarily resides at a place where a session of a House of Parliament or a sitting of a Committee is held or where any other business connected with his duties as such member is transacted shall, for the duration of the session or sitting or the time occupied for the transaction of other business (including the three or two days immediately preceding or succeeding), be deemed to reside at such place for the purpose of attending such session or sitting or, as the case may be, for the purpose of attending to such other business;

(e) “term of office” means,-

(a) in relation to a person who is a member at the commencement of this Act, the period beginning with such commencement and ending with the date on which his seal becomes vacant;

5[(b) in relation to a new member,-

(i) where such new member is a member of the Council of States elected in a biennial election. or nominated, to that House, the period beginning with the date of publication of the notification in the Official Gazette notifying his name undersection 71 of the Representation of the People Act, 1951: or

(ii) where such new member is a member of the House of the People elected in a general election held for the purpose of constituting a new House of the People, the period beginning with the date of publication of the notification of the Election Commission undersection 73of the said Act; or

(iii) where such new member is a member of either House of Parliament elected in a bye- election to that House or a member nominated to the House of the People the period beginning with the date of his election referred to in section 67-A of the said Act or as the case may be the date of his nomination, and ending with in each such case, the date on which his seat becomes vacant.

——————–

1. Substituted for the words “but does not include” by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1958 (55 of 1958), section 2 (30-12-1958).

2. Word “and” omitted by Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977). section 11(i)(a) (1-11-1977).

3. Renumbered and inserted Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977). section 11(i)(a) (1-11-1977), section 11(i)(b) and 11(i)(c) (1-11-1977).

4. Substituted and deemed always to have been substituted for the words “end of the Session” by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1958 (55 of 1958), section 2 (w.r.e.f. 1-6-1954).

5. Substituted for the Salaries and Allowances of Members of Parliament (Amendment) Act, 1976 (105 of 1976). section 4 (9-9-1976).

Section 3. Salaries and daily allowances

A member shall be entitled to receive 1[6 a salary at the rate of fifty thousand rupees per mensem] during the whole of his term of office 2[and subject to any rules made under this Act] 3[7an allowance at the rate of two thousand rupees for each day] during any period of residence on duty.

4[Provided that no member shall be entitled to the aforesaid allowance unless he signs the register, maintained for this purpose by the Secretariat of the House of the People or, as the case may be. Council of States, on all the days (except intervening holidays for which no such signing is required) of the session of the House for which the allowance is claimed.]

5[8Provided further that the rates of salary specified in this section shall be application from the 18th day of May, 2009.]
].

——————–

1. The words “four thousand rupees per mensem” Subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

2. Substituted and deemed always to have been substituted for the word “plus” by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1958 (55 of 1958), section 3 (w.r.e.f. 1 -6-1954).

3. The Words “four hundred rupees for each day” Subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

4. Inserted, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment) Act (48 of 1993), section 2 (9-6-1993).

5. Subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

6. Subs. by Act 37 of 2010 w.e.f. 21-9-2010.

7. Subs. by Act 37 of 2010 w.e.f. 21-9-2010.

8. Subs. by Act 37 of 2010 w.e.f. 21-9-2010.

Section 4. Traveling allowances

(1) There shall be paid to each member in respect of every journey performed by him 1[in India] for the purpose of attending a session of a House of Parliament or a meeting of a committee or for the purpose of attending to any other business connected with his duties as a member, from his usual place of residence to the place where the session or the meeting is to be held or the other business is to be transacted and for the return journey from such place to his usual” place of residence-

(a) if the journey is performed by rail, an amount equal to 2[one first class fare] plus one 3[second class] fare for each such journey, irrespective of the class in which the member actually travels;

(b) if the journey is performed by air, an amount equal to one and one-fourth of the air fare for each such journey:

(c) if the journey or any part thereof cannot be performed by rail or air-

4[(i) where the journey or any part thereof is performed by steamer, an amount equal to one and three-fifths of the fare (without diet) for the highest class in the steamer for each such journey or part thereof or if there is no regular steamer service, such amount for each such journey or part thereof as may be prescribed by rules made undersection 9];

(ii) where the journey or any part thereof is performed by road, 5[9 a road mileage at the rate of sixteen rupees per kilometre] for such journey or part thereof.

“Provided that when Parliament is in session and the spouse of a Member, if any, performs such journey or part thereof by road, unaccompanied by such Member, in respect of which such spouse has been allowed to travel by air or partly by air and partly by rail from the usual place of residence of the Member to Delhi or back under sub-section (2) of Section 6-B, the road mileage prescribed under this sub-clause shall be allowed to such Member for such journey or part thereof, subject to the condition that the total number of such journeys shall not exceed eight in a year;

6[Provided further that where a member performs journey -by road in Delhi from and to an aerodrome, he shall be paid a minimum amount of one hundred and twenty rupees for each such journey.]

Explanation.- For the purposes of sub-clause (ii) of clause (c) of this sub-section, the expression “journey,” shall include the journey from and to the railway station, port or aerodrome to and from the usual place of residence of the member or, as the case may be, the residence of the member at the place where the session of the House of Parliament or a meeting of the committee is to be held or where any other business is to be transacted.

7[***]

8[Provided also that the rate specified in sub-clause (ii) of clause (c) of this sub-section shall be applicable for a period of five years from the date of commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006.]

2[(2) There shall be paid to a member in respect of a journey performed by him in the course of a tour outside India undertaken in the discharge of his duties as such member, such travelling and daily allowances as may be prescribed by rules made undersection 9-.]

8[Provided also that the first proviso shall not be applicable to a member who, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker of the House of the People, is so incapacitated physically and not travel by air or train.]

——————–

1. Inserted by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1958 (55 of 1958), section 2(1-4-1955).

2. Substituted for the words “one second class fare” by Salaries and Allowances of Members of Parliament (Amendment) Act, 1955 (9 of 1955), section 2(1-4-1955).

3. Substituted for the words “third class” by the Salary, Allowances and Pension of Members of Parliament Act. 1982 (61 of 1982), section 2(l)(a) (6-11-1982).

4. Substituted and deemed always to have been substituted for sub-clause (1) of clause (c) by Salaries and Allowances of Members of Parliament (Amendment) Act, 1958 (55 of 1958), section 4 (w.r.e.f. 1-6-1954).

5. The Words ” at the rate of eight rupees per kilometre” Subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

6. Inserted, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment) Act (48 of 1993), section 2 (9-6-1993).

7. Omitted for “(2) notwithstanding anything contained in sub-section (1), a member who performs a journey by. road between places connected by rail or steamer, either wholly or in part, may draw the mileage allowance referred to in sub-clause (ii) of clause (c) of sub-section (1) in place of the travelling allowance which would have been admissible to him if he had travelled by rail or steamer, as the case may be : Provided that the total amount of travelling allowance drawn by such member for the entire journey shall not exceed the amount which would have been admissible to him and he performed such journey by rail or by steamer, as the case may be. “, vide The Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1998 (28 Of 1998), Dt. August 20,1998 Published in Received the assent of the President on August 20, 1998 and published in the Gazette of India, Extra., Part II, Section 1, dated 20th August, 1988. 1-3, No.43

8. Ins. by Act No. 40 of 2006 w.e.f. 12-9-2006.

9. Subs. by Act 37 of 2010 w.e.f. 21-9-2010.

Section 5. Travelling allowances for intermediate journeys

1[(1)] Where a member absents himself for less than fifteen days during a session of a House of Parliament or a sitting of a committee for visiting any place in India, he shall be entitled to receive travelling allowances in respect of such journey to such place and for the return journey-

(a) if the journey is performed by rail, equal to 2[one first class fare] for each such journey irrespective of the class in which the member actually travels;

(b) 3[if the journey, being a journey during the sitting of the Committee] is performed by air, equal to one fare by air, for each such journey:

Provided that such travelling allowances shall not exceed the total amount of daily allowances which would have been admissible to such member undersection 3-for the days of absence of he had not. so remained absent.

4[Provided further that nothing in the first proviso shall apply, if the member performs the journey by air for visiting any place in India not more than once during a sitting of the Committee;]

5[(1A) Notwithstanding anything contained in sub-section (1), a member shall be entitled to receive travelling allowances in respect of every journey performed by air for visiting any place in India during the interval not exceeding 13[five days] between two sittings of a Department related Standing Committee when a House of Parliament is adjourned for a fixed period during the Budget Session :

Provided that such travelling allowances, excluding the air fare shall not exceed the total amount of daily allowances which would have been admissible to such member undersection 3-for the days of absence if he has not remained absent.]

6[(2) Every member shall be entitled to an amount equal to the fare by air for each single journey by air other than a journey referred to in section 4-or the second proviso to sub-section (1) of this section or section 6C- performed by him 7[8[“either alone or along with spouse or any number of companions or relatives,”] from any place in India to any other place in India during his term of office as such member :

9[Provided that the total number of such journey under this subsection shall be thirty-four journeys per year]

11[“Provided further that where the number of journeys performed by any member by air is 10[less than thirty-four], then, such number of journeys not performed by him shall be carried over to the following year.”]

Explanation 1.- The provisions of clause (c) of sub-section (1) and sub-section (2) of section 4-shall, so far as may be apply to travelling allowances payable under this section as they apply to travelling allowances payable under that section.

Explanation II.- For the purposes of this section, “year” means,- (i) in the case of a person who is a member at the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1985, the year beginning with such commencement and each of the subsequent years; (ii) in the case of a person who becomes a member after such commencement, the year beginning with the date on which his term of office as such member commences and each of the subsequent years. ]

Explanation III.- For the purposes of sub-section (2), any journey performed by 12[“spouse, companions or relatives shall be added in computing the limit of 14[thirty-four journeys specified in the proviso to that sub-section”]]

15[Provided also that in case any member avails a total number of journeys by air more than thirty-four, such journeys permissible to him in the year, he may be allowed to adjust not exceeding eight such journeys from the entitled number of journeys which may accrue in his credit in the next following year.]

16[(3) Notwithstanding anything contained in sub-section (2), there shall be paid to a member who, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker of the House of the People, is so incapacitated physically and therefore cannot perform air or train journey, road mileage for the entire road journey.]

——————–

1. Section 5 renumbered as sub-section (1) thereof by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1976 (105 of 1976), section 5 (9-9-1976).

2. Substituted for “one second class fare” by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1955 (9 of 1955), section 2 (1-4-1955).

3. Substituted for the words “if the journey”, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993) (74 of 1985), section 3 (26-12-1985).

4. Substituted for second proviso and Explanations, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993).

5. Inserted by the Salaries and Allowances of Members of Parliament (Amendment) Act. 1955 (18 of 1955) S.2 (I-4-1995), section 2.

6. Substituted, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993).

7. Inserted, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993) (3 of 1993), section 2 (5-1-1993).

8. Substituted for the word “sixteen,” the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993),

9. Substituted by Act No. 40 of 2006 w.e.f. 12-9-2006.

10. The Words “less than thirty two” Subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

11. Substituted for “[either alone or along with companion or spouse,] “, vide The Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1999 (16 Of 1999), Dt. March 22,1999 Published in Received the assent of the President on March 22, 1999 and published in the Gazette of India, Extra., Part II, Section I, dated 22nd March, 1999, pp. 1-3, No. 21

12. Substituted for “the companion or the spouse shall be added in computing the limit of twenty-eight journeys specified in the proviso to that sub-section.”, vide The Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1999 (16 Of 1999), Dt. March 22,1999 Published in Received the assent of the President on March 22, 1999 and published in the Gazette of India, Extra., Part II, Section I, dated 22nd March, 1999, pp. 1-3, No. 21

13. The Words “seven days” subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

14. Subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

15. Ins. by Act No. 40 of 2006 w.e.f. 12-9-2006.

16. Ins. by Act No. 40 of 2006 w.e.f. 12-9-2006.

Section 6. Free transit by railway

(1) Every member shall be provided with one free non-transferable 1[2[“first class air-conditioned or executive class of any train”] pass which shall entitle him lo travel at any time by any railway in India.

Explanation. 3[For the purposes of this sub-section and sections 6-A and 6B], a member shall include a Minister as defined in the Salaries and Allowances of Ministers Act, 1952, 4[a Leader of the Opposition as defined in the Salary and Allowances of Lender of Opposition in Parliament Act, 1977] and an officer of Parliament as defined in the Salaries and Allowances of Officers of Parliament Act 1953, other than the Chairman of the Council of States.

(2) A free railway pass issued to a member under sub-section (1) shall be valid for the term of his office and on the expiration of such term, the pass shall be surrendered to the Secretary of the House of the People or the Council of States, as the case may be : Provided that where any such pass is issued to a new member before he takes his seat in either House of Parliament, he shall be entitled to use the pass for attending a session of that House for taking his seat therein.

(3) Until a member is provided with a free railway pass under sub-section (1). he shall be, and shall be deemed always to have been, entitled to an amount equal to one 5[“first class air-conditioned or executive class of any train”] far for any journey of the nature referred to in sub-section ( 1 ) of section 4-performed by him by rail.

(4) A member who on ceasing to be a member surrenders his pass shall, if he performs any return journey by rail of the nature referred to in sub-section (1) of section 4-. be entitled and be deemed always to have been entitled in respect of that journey to an amount equal to one 6[“first class air-conditioned or executive class of any train”]

(5) Nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this Act.]

——————–

1. Substituted for the words “for the purposes of this sub-section and section 6-A” by Act 29 of 1972. section 3 (9- 6-1972).

2. inserted by the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977), section 11 (c)(ii)(l-ll-1977).

3. Substituted for the words “first class” the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993) (60 of 1988), section 4 (w.r.e.f. 1-4-1988).

4. Substituted for “[air-conditioned two tier] “, vide The Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1999 (16 Of 1999), Dt. March 22,1999 Published in Received the assent of the President on March 22, 1999 and published in the Gazette of India, Extra., Part II, Section I, dated 22nd March, 1999, pp. 1-3, No. 21

5. Substituted for “[air-conditioned two tier] “, vide The Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1999 (16 Of 1999), Dt. March 22,1999 Published in Received the assent of the President on March 22, 1999 and published in the Gazette of India, Extra., Part II, Section I, dated 22nd March, 1999, pp. 1-3, No. 21

6. Substituted for ” [air-conditioned two tier] fare. “, vide The Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1999 (16 Of 1999), Dt. March 22,1999 Published in Received the assent of the President on March 22, 1999 and published in the Gazette of India, Extra., Part II, Section I, dated 22nd March, 1999, pp. 1-3, No. 21

Section 6 A. Free transit by steamer

(1) 1[Without prejudice to the provisions of section 6-, every member representing the Union territory of Andaman and Nicobar Islands or the Union territory of Lakshadweep shall-

(a) be provided with one free non-transferable pass which shall entitle him to travel at any time by the highest class by steamer to and from any part of his constituency and any other part of his constituency or the nearest part in the main land of India: and

(b) be entitled to an amount equal to the fare by air from his usual place of residence to the nearest airport in the main land of India and back;

Provided that nothing in this sub-section shall be construed as absolving the member from payment of any diet charges payable by him during such travel.

(2) A free steamer pass issued to a member under sub-section ( 1 ) shall be valid for the term of his office and on the expiration of his term. the pass shall be surrendered to the Secretary of the House of the People. Provided that where any such pass is issued to a new member before he takes his seat in the House of the People, he shall be entitled to use the pass for attending a session of that House for taking his seat therein.

(3) Until a member is provided with a free steamer pass under sub-section (1), he shall be entitled to an amount equal to one fare (without diet) for the highest class for any journey of the nature referred to in sub-section (1) of section 4-performed by him by steamer.

(4) A member who on ceasing to be a member surrenders the steamer pass issued to him under sub-section (1), shall if he performs any return journey by steamer of the nature referred to in subsection (1) of section 4-, been titled in respect of that journey to an amount equal to one fare (without diet) for the highest class.

(5) Nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this Act.

(6) In addition to 2[the facilities provided to a member] under sub-section (1), he shall also be entitled-

(i) to one free pass for one person to accompany the member and travel by the 3[highest class] by steamer to and from any part of the constituency of the member and any other part of his constituency or the nearest port in the mainland of India: 4[or]

(ii) to one free non-transferable pass for the spouse, if any, of the member to travel by the highest class by steamer to and from the usual place of residence of the member in his constituency and the nearest port in the mainland, of India 5[at any time between the Island and the main and of India.

6[(iii) to an amount equal to the fare by air either for the spouse, if any, of the member or for one person to accompany the member from the usual place of residence in the Island to the nearest airport of the main land of India and back. Provided that nothing in this sub-section shall be construed as absolving the person accompanying the member or the spouse of the member from payment of any diet charges payable by such person or spouse during such travel.]

——————–

1. Substituted for opening paragraph, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993) (60 of 1988), section 5 (w.r.e.f. 1-4-1988).

2. Substituted for the words “lowest class,” the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993).

3. Inserted, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993).

4. Substituted for the words “once during every session,” the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993).

5. Added, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment) Act (48 of 1993), section 2 (9-6-1993) (30 of 1989), section 2 (28-8-1989).

6. Inserted by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1972 (29 of 1972). section 4(9-6-1972).

Section 6 AA. Special facility to members from Ladakh

(1) Without prejudice to the provisions of section 6-, every member who has his ordinary place of residence in the Ladakh area of the State of Jammu and Kashmir shall be entitled to an amount equal to the fare by air for each single journey by air performed by him from any airport in Ladakh to the airport in Delhi and back at any time.

(2) In addition to the air travel provided to a member under sub-section (1). he shall also be entitled to an amount equal to the fare by air for each single journey by air performed by the spouse, if any, of the member or one person to accompany such member, from any airport in Ladakh area to the airport in Delhi and back at any time.

Section 6 B. Travel facilities to members

1Without prejudice to the other provisions of this Act, every member shall be entitled’ to-

(i) one free air-conditioned two-tier class railway pass for one person to accompany the member when he travels by rail; and

2[(2) Notwithstanding anything contained in clause (ii) of sub-section (1), the spouse of a Member shall be entitled to travel,—

(a) any number of times, by railway in first class air-conditioned or executive class in any train from the usual place of residence of the Member to Delhi and back; and

(b) when Parliament is in session, by air or partly by air and partly by rail, from the usual place of residence of the Member to Delhi or back, subject to the condition that the total number of such air journeys shall not exceed eight in a year:

Provided that where any such journey or part thereof is performed by air from any place other than the usual place of residence of the Member to Delhi and back, then, such spouse shall be entitled to an amount equal to the fare by air for such journey or part thereof, as the case may be, or to the amount equal to the journey performed by air from the usual place of residence of the Member to Delhi and back, whichever is less.]

——————–

1. Substituted for “a [6B.] Travel facilities to members.- Without prejudice to the other provisions of this Act. Every member shall be entitled- (i) to travel by any railway in India at any time in first class air-conditioned on payment of the difference between the railway fares for first class air-conditioned “[and air-conditioned two- tier]. (ii) to one free b [air-conditioned two-tier] railways pass for one person to accompany the member when he travels by rail; and 5 [“(iii) to free travel by any railway in India in first class air-conditioned or executive class in all trains by the spouse, if any, of the member from the usual place of residence of the member to Delhi and back and if such journey or any part thereof is performed by air from any place other than the usual place of residence of the member, to Delhi and back, to an amount equal to the fare by air for such journey or part thereof.”.] “, vide The Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1999 (16 Of 1999), Dt. March 22,1999 Published in Received the assent of the President on March 22, 1999 and published in the Gazette of India, Extra., Part II, Section I, dated 22nd March, 1999, pp. 1-3, No. 21

2. Subs. by Act 37 of 2010 w.e.f. 21-9-2010.

Section 6 C. Air travel facilities in certain circumstances

Without prejudice to the other provisions of this Act, where during any part of a year the usual place of residence, of & member in his constituency is inaccessible to or, from any place outside his constituency by road. rail or steamer due to climatic conditions, but there is air service between any place in his constituency, and the nearest place. having rail service, outside his constituency, such member shall be entitled to travel to, and, fro by air from the nearest place in his constituency where there is air service to such, place having rail service :

Provided that where the nearest place having air service is outside his constituency, such member shall be entitled to travel to and fro by .air only from such place to the nearest place having rail service.”

Section 6 D. Special facilities to blind and physically incapacitated Members

1A member who is blind or who is, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker of the House of the People, so incapacitated physically as to require the facility of an attendant shall, with respect to each such journey-

(i) by air as is referred to in clause (b) of sub-sec. (1) of Sec. 4 or clause (b) of sub-sec. (1) or sub-sec. (2) of Sec. 5 or Sec. 6-C which he performs along with an attendant be entitled (in addition to the allowances which he is entitled under Sec. 4 or Sec. 5 or, as the case may be. Sec. 6-C) to an amount equal to one fare by air for such journey;

(ii) by rail as is referred to in Sec. 4, Sec. 5, Sec. 6 or Sec. 6-B be allowed the facility of the one free railway pass for an attendants, to attend such member, in the same class in which such member travels in lieu of one free air-conditioned two-tier class railway pass under clause (i) of sub-sec. (1) of Sec. 6-B.”

2[(iii) by road as is referred to in Section 4 or Section 5, be entitled to an amount equal to one road mileage.]

——————–

1. Substituted for section 6D “Special facility to blind and physically incapacitated members:-A member who is blind or who is, in the opinion of the Chairman of the Council of States or as the case may be the Speaker of the. House of the People, so incapacitated physically as to require the facility of an attendant shall, with respect to each such journey by air as is referred to in clause (b) of sub-section (1) of section 4 or clause (b) of [sub-section. (1) or sub-section (2) of section 5] .or section 6C which be performs along with an attendant, be entitled.(in addition to the allowances which he is entitled under section 4 or section 5 or, as the case may be, section 6C) to an amount equal to one fare by air for such Journey.,” by THE SALARY, ALLOWANCES AND PENSION OF MEMBERS OF PARLIAMENT (AMENDMENT) ACT, 2000 No. 17 of 2000 [7th June, 2000]

2. Instered by Act No. 40 of 2006 w.e.f. 17-5-2004.

Section 7. Allowances during short intervals between the termination of one session and the commencement of another session, etc

1[Where the intervals between the adjournment of a House of Parliament or, as the case may be, one sitting of a committee and the re-assembly of that House or the next sitting of the Committee at the same place] does not exceed 2[five days] and the member concerned elects to remain at such place during the intervals, he shall be entitled to draw for each day of residence at such place. a daily allowance at the rate specified in section 3-:

Provided that; if the member leaves such place during the interval, his absence from the place shall be treated as absence during a session of a House of Parliament or a sitting of the committee, as the case may be, and the provisions of section 5-shall apply accordingly.

——————–

1. Substituted and deemed always to have been substituted for certain words by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1958 (55 of 1958), section 6 (w.r.e.)

2. The Words “seven days” subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

Section 8. Constituency allowance and amenities

A member shall be entitled to such constituency allowance 1[office expense allowance.] and to such medical facilities for himself and for members of his family and to such housing, telephone, water, electricity facilities or such amount in cash in lieu of all or any of such facilities, as may be prescribed by rules undersection 9-]

2“Provided that where the House of the people is sooner dissolved before completing five years from the date appointed for its first meeting, the member of such House may be allowed without payment, to such extent of the quota of free telephone calls or free units of electricity or free units in kilolitres of water, available to him for a year in which such dissolution of such House takes place, as remains unutilised on the date of such dissolution, to avail during the period commencing on and from the date of such dissolution and ending on the date immediately preceding the date on which the notification under Sec. 73 of the Representation of the People Act, 1951 (43 of 1951) has been issued for the constitution of subsequent House of the People subject to the condition that such Member shall be liable to pay for any telephone calls, in excess of the calls so allowed to be made during such period on the telephone provided to him by the Government for such purpose, and units of electricity or kilolitres of water consumed in excess of the free electricity or kilolitres of water allowed: Provided further that where the member referred to in that the first proviso becomes Member of the subsequent House of the People as referred to be constituted in that proviso, then, he shall be entitled for the adjustment of the excess telephone calls, units of electricity, kilolitres of water for the payment of which he is liable under the first proviso against the quota of free telephone calls, units of electricity and kilolitres of water for which he is entitled during the first year of the duration of such subsequent House of the People.”.

——————–

1. Inserted, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment) Act (48 of 1993), section 2 (9-6-1993) (60 of 1988), section 8 (w.r.e.f. 1-4-1988).

2. Inserted by “THE SALARY, ALLOWANCES AND PENSION OF MEMBERS OF PARLIAMENT (AMENDMENT) ACT, 2000 No. 17 of 2000 [7th June, 2000]

Section 8 A. Pension

1[Pension. 2[6(1) With effect from the 18th day of May, 2009, there shall be paid a pension of twenty thousand rupees per mensem to every person who has served for any period as a Member of the Provisional Parliament or either House of Parliament:

Provided that where a person has served as a Member of the Provisional Parliament or either House of Parliament for a period exceeding five years, there shall be paid to him an additional pension of fifteen hundred rupees per mensem for every year served in excess of five years.

Explanation.—For the purpose of this sub-section, “Provisional Parliament” shall include the body which functioned as the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution.’]

3[(1A) ***]

(2) Where any person entitled to pension under sub-section (1),-

(i) is elected to the office of the President or Vice-President or is appointed to the office of the Governor of any State or the Administrator of any Union territory; or

(ii) becomes a member of the Council of States or the House of the People or any Legislative Assembly of a State or Union territory or any Legislative Council of a State or the Metropolitan Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966; or

(iii) is employed on a salary under the Central Government or any State Government or any corporation owned or controlled by the Central Government or any State Government, or any local authority or becomes otherwise entitled to any remuneration from such Government, corporation or local authority. such person shall not be entitled to any pension under sub-section (1) for the period during which he continues to hold such office or as such member, or is so employed, or continues to be entitled to such remuneration: Provided that where the salary payable to such person for holding such office or being such member or so employed, or where the remuneration referred to in clause (iii) payable to such person, is, in either case. less than the pension payable to him under sub-section ( 1 ), such person shall be entitled only to receive the balance as pension under that sub-section.

4[(3) where any person entitled to pension under sub-section (1) is also entitled to any other pension, such person shall be entitled to receive the pension under sub-section (1) in addition to such other person.]

(4) In computing the number of years, for the purposes of sub-section (1), the period during which a person has served as a Minister as defined in the Salaries and Allowances of Ministers Act, 1952 5[as an Officer of Parliament] as defined in the Salaries and Allowances of Officers of Parliament Act,1953, (other than the Chairman of the Council of States) [for as a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977or has served in all or any two of such capacities] by virtue of his membership in the House of the People or in the Council of States shall also be taken into account.]

——————–

1. Inserted by the Salaries and Allowances of Members of Parliament (Amendment) Act. 1976 (105 of 1976). section 7 (9-1-1976).

2. Subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

3. Omited by Act No. 40 of 2006 w.e.f. 12-9-2006.

4. Substituted for ” g [1A) With effect from the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1988, there shall be paid a pension of five hundred rupees per menses to the spouse, if any, or dependant of any member who dies during his term of office as such member, for a period of five years from the date of his death.] “, vide The Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1998 (28 Of 1998), Dt. August 20,1998 Published in Received the assent of the President on August 20, 1998 and published in the Gazette of India, Extra., Part II, Section 1, dated 20th August, 1988. 1-3, No.43

5. Inserted, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment) Act (48 of 1993), section 2 (9-6-1993).

6. Subs. by Act 37 of 2010 w.e.f. 37 of 2010

Section 8 AA. Travel facility to ex-members

1[Travel facility to ex-members. With effect from the 18th day of January, 1999, every person who is not a sitting member but has served for any period as a member of either House of Parliament shall be entitled along with a companion to travel in any train by any railway in India in air-conditioned two-tier class without payment of any charges on the basis of an authorisation issued for this purpose by the Secretariat of either House of Parliament, as the case may be.”]

2[(2) Every person who is not a sitting member but has served for any period as a member from the Andaman and Nicobar islands or the Lakshadweep, shall be entitled to travel by the highest class of accommodation in any steamer sailing between the Andaman and Nicobar Islands or, as the case may be, the Lakshadweep and the main land territory of India in addition to the facilities available to such member under subsection (1), without payment of any charges on the basis of an authorisation issued for this purpose by the Secretariat of either House of Parliament.]

——————–

1. The Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1999 (16 Of 1999), Dt. March 22,1999 Published in Received the assent of the President on March 22, 1999 and published in the Gazette of India, Extra., Part II, Section I, dated 22nd March, 1999, pp. 1-3, No. 21

2. Ins. by Act No. 40 of 2006 w.e.f. 12-9-2006.

Section 8 AB. Advances for purchase of conveyance

There may be paid to a member by way of a repayable advance such sum of money not exceeding 1[2 four lakh rupees]as may be determined by rules made in this behalf under section 9-for the purchase of a conveyance.]

——————–

1. For “the Housing and Telephone Facilities (Members of Parliament) Rules, 1956.”-See S.R.O. 1072. D/-8-5- 1956, Gaz. of Ind.. 1956, Extra, Pt. II-section 3, p. 867 (Amended by G.S.Rs. 1703 of 1965; 1227 of 1967; 1843 of 1969; 831 of 1970); for “the Medical Facilities (Members of Parliament) Rules, 1959” see G.S.R. 1253. D/- 16-11-1959, Gaz. of Ind., 1959. Extra., Pt. II-section 3(i), page 759; for “the Members of Parliament (Allowances lor Journeys Abroad) Rules, 1960.” see G.S.Rs. 830 and 831. D/-25-7-1960, Gaz. of Ind., I960. Extra., Pt. ll-section 3(i), pages 277 and 279. (Amended by G.S.Rs. 1889 and 1891 of 1966, published in Gaz. offend., 12-12-1966, Pt. II, section 3 (i). Extra., Pp. 310, 312) and for Members of Parliament (Travelling and Daily Allowances) Rules, 1957, see Gaz. offend., 1957, Pt. II, section 3, Extra., p. 1439 (Amended by G.S.Rs. 978 and 1286 of 1959; 1363 of 1960; 1 180 of 1961, 572 of 1963; and 520 of 1964).

2. Subs. by Act 37 of 2010 w.e.f. 21-9-2010.

Section 8 AC. Family pension

1[Family pension. (1) On the death of a member of either House of Parliament during his term of office, his spouse, if any, or dependent of such member shall be paid during the remaining period of life of such spouse or, as the case may be, such dependent so long as such dependent continues to be a dependent within the meaning of clause {ad) of Section 2, family pension equivalent to one-half of the pension which such number of Parliament would have received had he retired :

Provided that no such family pension shall be payable to a dependent if such dependent is a sitting member of Parliament or is drawing pension under Section 8-A.

(2) The family pension payable under sub-section (1) shall also be payable to the spouse or dependent of a person who was a member of either House of Parliament or the Provisional Parliament at any time before the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006 and died after serving as such member:

Provided that such spouse or dependent is not drawing any pension under this Act or is not entitled to draw family pension under the proviso to sub-section (1):

Provided further that no person shall be entitled to claim arrears of any family pension under this sub-section in respect of a period before the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006.

Explanation.-For the purposes of this section, “Provisional Parliament” shall include the body which functioned as the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution.]

——————–

1. Ins. by Act No. 40 of 2006 w.e.f. 12-9-2006.

Section 9. Power to make rules

(1) For the purpose of making rules under this section, there shall be constituted a Joint Committee of both Houses of Parliament consisting of five members from the Council of States nominated by the Chairman and ten members from the House of the People nominated by the Speaker.

(2) The Joint Committee constituted under sub-section (I) shall elect its Chairman and shall have power to regulate its procedure.

2[2A] A Member of the Joint Committee shall hold office as such member for one year from the date of his nomination and any casual vacancy in the Joint Committee may be filled by nomination by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.

Explanation.– In the case of a Member of a Joint Committee holding office as such immediately before the commencement of the Salaries and Allowances of Members of Parliament (Amendment) Act. 1958. the period of one year shall be computed from the date of such commencement.]

(3) The Joint Committee constituted under sub-section (1) may 3[after consultation with the Central Government] make rules’ to provide for all or any of the following matters, namely :-

(a) the routes for the performance of any journey;

(b) the manner in which fractions of a day shall be dealt with for purpose of determining the daily allowance admissible for that day;

(c) the travelling allowance admissible where a member is provided with free transit for the whole or any part of a journey 4[and the reduction of the daily allowance where a member is provided with free board or lodging at the expense of the Government or a local authority;]

“(cc) the rate at which road mileage shall be paid under sub-clause (ii) of clause (c) of sub-section (1) of section 4-;

(d) the travelling allowance admissible where the place from which a member commences his journey or to which he returns is not his usual place of residence;

(dd) the travelling allowance admissible in respect of journeys performed by any vessel where there is no regular steamer service;

(ddd) the traveiling and daily allowances admissible for journeys performed by a member in the course of a lour outside India undertaken in connection with his duties as such member;

(e) the form in which certificates, if any, shall be furnished by a member for the purpose of claiming any allowance under this Act:

“(ee) the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act.”

(f) the constituency allowance and medical and other facilities mentioned insections 8-and the amount to be paid in cash in lieu of such facilities;

(ff) the amount which may be paid by way of repayable advance for the purchase of conveyance; the rate of interest thereon and the mode of recovery of such amount and interest thereon; and.

(g) general for regulating the payment of 1[daily and travelling allowances and pension under this Act.

(4) Any rules made under sub-section (3) shall not take effect until they are approved and confirmed by the Chairman of the Council of States and the Speaker of the House of the People and are published in the Official Gazette, and such publication of the rules shall be conclusive proof that they have been duly made,

——————–

1. Inserted by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1958 (LV of 1958). Section 8 (30-12-1958).

2. Inserted by the Salary, Allowances and Pension of Members of Parliament (Second Amendment) Act, 1982(61 of 1982), section 4 (6-11-1982).

3. Inserted by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1976 (105 of 1976). Section 8(a) (9-9-1976).

4. Substituted by the Salaries, Allowances and Pension of Members of Parliament (Amendment) Act (74 of 1985). Section 8 (26-12-1985).

Bydeb

Working Journalists (Industrial Disputes) Act, 1995

Section 1. Short title

This Act may be called the Working Journalists (Industrial Disputes) Act, 1955.

Section 2. Definitions

In this Act,

(a) “newspaper” has the meaning assigned to it in the Press and Registration of Books Act, 1867 (25 of 1867);

(b) “working journalist” means a person whose principal avocation is that of a journalist and who is employed as such in, or in relation to, any establishment for the production or publication of a newspaper or in , or in relation to, any news agency or syndicate supplying material for publication in any newspaper, and includes an editor, a leader-writer, news editor, sub-editor, feature-writer, copy-tester, reporter, correspondent, cartoonist, news-photographer and proof-reader, but does not include any such person who-

(i) is employed mainly in a managerial or administrative capacity, or

(ii) being employed in a supervisory capacity, exercise, either by the nature of the duties attached to the office or by reason of the powers vested in him functions mainly of a. managerial nature.

Section 3. Act No. 14 of 1947 to apply to working journalists

The provisions of the Industrial Disputes Act, 1947 (14 of 1947), shall apply to, or in relation to, working journalists as they apply to, or in relation to, workmen within the meaning of that Act.

Bydeb

Works of Defence Act, 1903

Section 1. Short title and extent

(1) This Act may be called The 2[* * * * *] Works of Defence Act, 1903; and

1[(2) It extends to the whole of India].

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1. Substituted for former sub-section (2) by the Works of Defence (Amendment) Act, 1965 (39 of 1965), S. 2 (3-12-1965).

2. Word “Indian” omitted by the Works of Defence (Amendment) Act, 1974 (50 of 1974), S. 2 (12-12-1974).

Section 2. Definitions

In this Act, unless there is something repugnant in the subject or context,—

(a) The expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

(b) The expression “person interested” includes all persons claiming an interest in compensation to be made on account of the imposition of restrictions upon the use and enjoyment of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;

1[(c) The expression “District” means one of the Districts into which Indian, for military purposes for the time being, divided; it includes a Brigade area which does not form part of any District, and any area which the 2[Central Government] may, by notification in the 2[Official Gazette], declare to be a District for all or any of the purposes of this Act;

(d) The expression “General Officer Commanding the District” means the officer for the time being in command of the forces in a District;

(e) The expression “Commanding Officer” means the officer for the time being in command of a work of defence;

(f) The expression “Collector” includes any officer specially appointed by the 3[Central Government] to perform the functions of a Collector under this Act;

(g) The expression “Court” means a principal Civil Court of original jurisdiction, unless the 4[Central Government] has appointed (as it is hereby empowered to do) a special judicial officer within any specified local limits to perform the functions of the Court under this Act;

OBJECTS AND REASONS

“Clause 2.—Owing to the altered procedure which we propose for adoption in Part II, the maximum period, which may elapse between the publication of the preliminary notice of a declaration to impose restrictions. And the issue of the subsequent notice calling for the presentation of claims to compensation will, in ordinary cases amount to eighteen months, and this period may, with the previous sanction of the Governor-General in Council, be extended to three years. The actual proceedings in assessment up to the making of the award may not impossibly, at any rate in complicated cases, occupy a further period of a year. In these circumstances, houses another constructions, which will be affected by the restrictions imposed under clause 7,may. Unless the owner is given facilities fee ping them in repair, fall into ruin long before the investigation for purposes of assessment is completed, with the result that the difficulty of proving the actual amount(i) the following persons shall bed he Bill will be greatly enhanced. Even where the emergent powers conferred, by clause 6, sub-clause (3), are exercised, a period of several months, during which the condition, more especially of small and unsubstantial structures may be seriously altered by rain, may easily elapse before demolition commences; and, in these cases the report of the demolishing officer with respect to the buildings demolished by him is not unlikely: from the necessity of the case, to be most tangible evidence to which the parties can afterwards appeal. We think it desirable, therefore, to define the expression “maintained” for the purposes of clauses 6 and 7, in such a manner as to leave unaffected the liberty to repair buildings and other constructions during the interval from the publication of the preliminary notice to the making of the award or, in case of emergency. to demolition in anticipation of the award.”—S.C.R

(h) “Maintain”, with its grammatical variations and cognate expressions, does not, when used in relation to a house or other construction, include the doing of any act necessary for keeping such house or construction, until the making of the award referred to in section 12-oruntil the exercise, prior to the making of the award, of the powers of demolition conferred, in case of emergency, by section 6-, sub-sections (1) and (3), in the state in which it was at the time of the publication of the notice referred to in section 3-, sub-section (2);

(i) The following persons shall be deemed “entitled to act” as and to the extent hereinafter provided, that is to say, trustees for other persons beneficially interested shall be deemed three sons entitled to act with reference to any case, and that to the same extent as the persons beneficially interested could have acted if free from disability; a married woman, in cases to which the English law is applicable, shall be deemed the person so entitled to act, and, whether of full age or not, to the same extent as if she were unmarried and of full age; and the guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots themselves, if free from disability, could have acted: Provided that—

(i) No person shall be deemed “entitled to act” whose interest in the subject matter is shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for which he would otherwise be entitled to act;

(ii) In every case the person interested may appear by a next friend or, In default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;

(iii) The provisions of Chapter XXXI of the Code of Civil Procedure shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian, for the case, in proceedings under this Act; and

(iv) No person “entitled to act” shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive and give a good discharge for the purchase-money on a voluntary sale.

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1. Substituted for the original clauses (c) and (d) by the Indian Works of Defence (Amendment) Act, 1921 (11 of 1921), S.2.

2. Substituted for the words “local Government” and “local official Gazette” by A.O., 1937 (1-4-1937).

3. Substituted for the words “Local Government” by A.O., 1937 (1-4-1937).

4. Substituted for the words “Local Government” by A.O., 1937 (1-4-1937).

Section 2A. Construction of references to laws not in force, or any functionary not in existence, in any area

1[2A. Construction of references to laws not in force, or any functionary not in existence, in any area. Any reference in this Act to any law which is not in force in any area or ‘any reference therein to any functionary not inexistence in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force or to the corresponding functionary, if any, in existence, in that area.

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1. Inserted by the Works of Defence (Amendment) Act, 1965 (39 of 1965), S. 2 (3-12-1965).

Section 3. Declaration and notice that restrictions will be imposed

(1) Whenever it appears to the 1[Central Government] that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any work of defence or of any site intended, to be used or to be acquired for any such work, in order that such land may be kept free from buildings and other obstructions, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders.

(2) The said declaration shall be published in the 2[Official Gazette] and shall state the district or other territorial division in which the land is situate and the place where a sketch plan of the land, which shall be prepared on a scale not smaller than six inches to the mile and shall distinguish the boundaries referred to in section 7-, may be inspected; and the Collector shall cause public notice of the substance of the said declaration to be given at convenient places in the locality,

(3) The said declaration shall be conclusive proof that it is necessary to keep the land free from buildings and other obstructions.

OBJECTS AND REASONS

Clause 3:- To prevent the recurrence of misconception, we have sought to render it clear that the initial declaration under this clause need only be accompanied by a “sketchplan”, illustrating, by way of general notice to the public, the outline of the zones within which all or any of the restrictions specified in clause 7 will attach. The “de-tailed plan” referred to in clause 8 is a separate document which is required for the purposes of minute and detailed assessment of compensation and for the preparation of which the initial declaration cannot be postponed”.—S.C.R.

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1. Substituted for the words “Local Government” by A.O., 1937 (1-4-1937).

2. Substituted for the words “Local Official Gazette” by A.O., 1937 (1-4-1937).

OBJECTS AND REASONS

Section 4. Power to do preliminary Acts after publication of notice under section 3, sub-section (2)

It shall be lawful for such officer as the 1[Central Government] may, by general or special order, authorise in this behalf, and for his servants and workmen, at any time after publication of the notice mentioned in section 3-, sub-section (2), to enter upon and survey and take levels of any land in such locality, to dig or bore into the sub-soil, to do all other acts necessary to ascertain whether any and, if so, what restrictions should be imposed on the use and enjoyment of the land, to set out the boundaries of the land upon the use and enjoyment of which restrictions are to be imposed, or of any part of such land, to mark such levels, boundaries and line by placing marks and cutting trenches, and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days’ notice in writing of his intention to do so.

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1. Substituted for the words “Local Government” by A. 0., 1937 (1-4-1937).

Section 5. Payment for damage

The officer so authorised shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final.

Section 6. Further powers exercisable after publication of notice under section 3, sub-section (2)

(1) Whenever a declaration has been made and public notice thereof has been given under section 3-, it shall, subject to the provisions of sub-sections (2) to (4), be lawful for such officer as the 1[Central Government] may, by general or special order, authorise in this behalf, and for his servants and workmen, to enter and demolish any buildings or other constructions on the surface, to cut down or grub up all or any of the trees, to remove or alter all or any of the banks, fences, hedges and ditches, to make underground and other drains, to fill up all excavations, and demolish all buildings and other constructions below the surface, and generally to level and dear the said land and do all such acts for leveling and clearing the same as he may deem necessary or, proper but in such manner nevertheless that evidence of the boundaries of the lands held by different owners may be preserved.

(2) The powers conferred by sub-section (1) shall not be exercised,—

(a) Save as otherwise provided by sub-section (3), before the making of the award hereinafter referred to in section 12-, nor

(b) Save as otherwise provided by sub-section (4), after the expiration of six months from the making of the said award, or any shorter period on the expiration of which the officer exercising such powers gives notice to the Collector that there will be no further exercise of them.

(3) In case of emergency, the 1[Central Government] 2[* *] may, by notification in the Official Gazette, declare that all or any powers conferred by sub-section (1) may be exercised at any time within six months after the publication of the notice referred to in section 3-, sub-section (2), and such powers may be exercised accordingly, and the said notification shall be conclusive proof of emergency.

(4) Nothing in sub-section (2) shall be deemed to preclude any such officer or his servants or workmen from exercising at any time the said powers for the purpose of removing, wholly or in part, any building or other obstruction maintained, created, added to, altered, planted, slacked, stored or otherwise accumulated in contravention of this Act or of any rule or order made there under or of any condition prescribed in accordance therewith.

OBJECTS AND REASONS

Clause 6.—

The original Bill, following the lines of the defence Act, 1860(23 and 24Vict., c. 112), section 34-, purported, in all cases, to authorize the exercise of the powers of demolition conferred thereby after the expiration of fourteen days from the preliminary notice. On the other hand, it restricted to six months the period of three years during which, under the English Statute, acts in pursuance of those powers must be completed. One result of this abridgment of time was that the issue of the notice calling upon persons affected to present their claims for compensation was postponed until after the demolition was complete. We think that this procedure is, in several respects, capable of improvement. At the outset, we see no necessity, in ordinary cases, for exercising any power of demolition until after the Collector has completed his assessment and made his award. On the contrary, it will be difficult, if not impossible, to arrive at a really reliable estimate on the basis of statements relating to structures which have ceased to exist. In the case of emergency, the exigencies of defence in this country may render impracticable the delay of fourteen days, which, on the analogy of peace conditions in England, the original Bill would have rendered obligatory in all circumstances alike. We propose to recognize the distinction by enacting expressly that the acts of demolition, for the completion of which we would retain the very abridged period of six months, shall not commence until after the making of the award; and from this rule we would except only the case, not of mere urgency as contemplated by the Land Acquisition Act, 1894,section 17-, but of actual emergency sufficiently grave to warrant a notification to which the previous sanction of the Governor-General in Council is required. As an additional safeguard, we suggest that emergent power, so notified, shall not be exercised after the expiration of a period of six months after the publication of the preliminary notice. Having thus narrowed down these powers to absolutely extreme cases, we consider it inexpedient to hamper the discretion of the officer exercising them by accepting a suggestion to enact a proviso directing, on the analogy of the Land Acquisition Act, 1804,section 17-, sub-section (1), that no build in shall be entered or demolished without giving the occupier reasonably sufficient notice to enable him to remove his moveable property without unnecessary inconvenience. To give as much notice as appears reasonably practicable is always a convenience to all parties concerned: but we are reluctant to prescribe, for cases of emergency, a proviso, necessarily in general terms, which would only result in claims raising the difficult quest on of fact whether, in the particular circumstances, an hour or two longer might or might not have been allowed.”—S.C.R.

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1. Substituted for the words “Local Government” by A.O., 1937 [1-4-1937].

2. The words “with the previous sanction of the Governor-General in Council” were omitted, by A.O., 1937 [1-4-1937]

Section 7. Restrictions

From and after the publication of the notice mentioned in section 3-, sub-section (2), such of the following restrictions as the 1[Central Government] may in its discretion declare therein shall attach with reference to such land, namely:

(a) Within an outer boundary which, except so far as is otherwise provided in section 39-, sub-section (4), may extend to a distance of two thousand yards from the crest of the outer parapet of the work,—

(i) No variation shall be made in the ground-level, and no building, wall, bank or other construction above the ground shall be maintained, erected, added to or altered otherwise than with the written approval of the 2[General Officer Commanding the District], and on such conditions as he may prescribe;

(ii) No wood, earth, stone, brick, gravel, sand or other material shall he stacked, stored or otherwise accumulated:

Provided that, with the written approval of the 3[General Officer Commanding the District] and on such conditions as he may prescribe, road-ballast, manure and agricultural produce may be exempted from the prohibition:

Provided also that any person having control of the land as owner, lessee or occupier shall be bound forthwith to remove such road-ballast, manure or agricultural produce, without compensation, on the requisition of the Commanding Officer:

(iii) No surveying operation shall be conducted otherwise than by or under the personal supervision of a public servant duly authorised in this behalf, in the case of land under the control of military authority, by the Commanding Officer and, in other cases, by the Collector with the concurrence of the Commanding Officer; and

(iv) Where any building, wall, bank or other construction above the ground has been permitted under clause (i) of this sub-section to be maintained, erected, added to or altered, repairs shall not, without the written approval of the 2[General Officer Commanding the District], be made with materials different in kind from those employed in the original building, wall, bank or other construction.

(b) Within a second boundary which may extend to a distance of one thousand yards from the crest of the outer parapet of the work, the restrictions enumerated in clause (a) shall apply with the following additional limitations, namely:—

(i) 4[no building, wall, bank or other construction of permanent materials above the ground shall be maintained otherwise than with the written approval of the General Officer Commanding the District and on such conditions as he may prescribe, and no such building, wall, bank or other construction shall be erected:]

Provided that, with the written approval of the 1[General Officer Commanding the District] and on such conditions as he may prescribe, huts, fences or other constructions of wood or other materials, easily destroyed or removed, may be maintained, erected, added to or altered:

Provided also, that any person having control of the land as owner, lessee or occupier shall be bound forthwith to destroy or remove such huts, fences or other constructions, without compensation, upon an order in writing signed by the 2[General Officer Commanding the District]; and

(ii) Live hedges, rows or clumps of trees or orchards shall not be maintained, planted, added to or altered otherwise than with the written approval of the 2[General Officer Commanding the District] and on such conditions as he may prescribe.

(c) Within a third boundary which may extend to a distance of five hundred yards from the crest of the outer parapet of the work, the restrictions enumerated in clauses (a) and (b) shall apply with the following additional limitation, namely:—

no building or other construction on the surface, and no excavation, building or other construction below the surface, shall be maintained or erected:

Provided that, with the written approval of the Commanding Officer and on such conditions as he may prescribe, 5[a building or other construction on the surface may be maintained and] open railings and dry brush-wood fences may be exempted from this prohibition.

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1. Substituted for the words “Local Government” and “General Officer Commanding the Division” by A.O., 1937 (1-4-1937).

2. Substituted for the words “General Officer Commanding the Division” by the Indian Works of Defence (Amendment) Act, 1921 (11 of 1921), S. 3.

3. Substituted for the words “General Officer Commanding the Division, District or Brigade”, ibid.

4. Substituted for the words “no building wall bank or other construction of permanent materials above the ground shall be maintained or erected” by the Indian Works of Defence (Amendment) Act, 1940 (28 of 1940), S. 2 (27-11-1940).

5. Inserted, ibid.

Section 8. Land to be marked out, measured, registered and planned

As soon as may be after the publication of the declaration aforesaid, the Collector shall cause the land to be marked out and measured, and shall also prepare a register and a detailed plan, which shall be on a scale not smaller than six inches to the mile, showing accurately every building, tree and other obstruction.

Section 9. Notice to persons interested

(1) At any time before the expiration of—

(a) the period of eighteen months from the publication of the declaration referred to in, or

(b) such other period not exceeding three years from the said publication as the 1[Central Government] 2[* * *] may, by notification in the 3[Official Gazette] direct in this behalf, the Collector shall cause public notice to be given at convenient places on or near the land, stating the effect of the said declaration and that claims to compensation for all interests in such land affected by anything done or ordered in pursuance of such declaration may be made to him:

Provided that, where anything has been done in exercise of the powers conferred, in case of emergency, by, sub-section (3), the notice prescribed by this section shall be given as soon as may be thereafter.

(2) Such notice shall state the particulars of any damage ordered to be done or, in the case referred to in, sub-section (3), done in exercise of any of the powers conferred by the said section, and the particulars of any restrictions attaching to the land under, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of the irrespective interests in the land and the amount and particulars of their claims to compensation for damage to such interests and their objections (if any) to the measurements made under. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.

(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue-district in which the land is situate.

(4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business.

OBJECTS AND REASONS

“Clause 9—

Our proposal, as explained under clause 6, to postpone the exercise of powers of demolition, except in emergent cases, until after the award referred to in clause 11, removes the principal reason for fixing at six months the period after which the second notice calling for claims to compensation must issue. It is necessary to fix some definite period because clause 38 invests the Local Government with a power of withdrawal from the initial declaration and, if the survey, planning and valuing operations preliminary to the actual assessment owners, whose property is transferred in the interim and who cannot, therefore, claim compensation, may suffer owing to the deprecited market-value. There seems to be a consensus of opinion that six months will often be insufficient for the purpose; but a period of three years over which the proceedings under the Statute may extend, will not usually be required; and we would; therefore suggest eighteen months which with the previous sanction of the Governor-General in Council, may be extended to three years. Where emergent powers are exercised under clause 6, sub-clause (3), any lapse of time after the demolition of a building in creases the difficulty of proof of damage; and in such cases, therefore, we think it reasonable to impose upon the periods defined in sub-clause (1) the further limitation that notice must be given as soon as may be after the exercise of any such power. We have defined with greater distinctness, in sub-clause (2), the particulars to be contained in the second notice calling for claims. A precise statement of damage caused or to be caused under clause 6 will be necessary in view of the altered procedure by which the award will ordinarily precede such damage. A consequential amendment has been made in clause 13, sub-clause (1). From sub-clause (4), the reference to registration under the Indian Post Office Act, 1898 (VI of 1898), has been omitted as sufficiently covered by the General Clauses Act, 1897 (X of 1897), A similar alteration will be found in the proviso to clause 3l,sub-clause (3).”—S.C.R.

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1. Substituted for the words “Local Government” by A.O., 1937 [1-4-1937].

2. The words “with the previous sanction of the Governor-General in Council” were omitted, by A.O., 1937 [1-4-1937].

3. Substituted for the words “Local Official Gazette” by A.O., 1937.

Section 10. Power to require and enforce the making of statements as to names and interests

The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement,

Section 11. Application of certain sections of the Indian Penal Code

Every person required to make or deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and176 of the Indian Penal Code.

Section 12. Inquiry and award by Collector

On the day fixed under section 9 or on any other day to which the inquiry has been adjourned, the Collector shall proceed to inquire into the .objections (if any) which any person interested has stated pursuant lo a notice given under the said section to the measurements made under section 8, and into the decrease in the value of the land, and into the respective interests of the persons claiming the compensation, and shall make an award under his hand of—

(a) the true area of the land and the nature of the obstructions from which the land is to be kept free;

(b) the compensation which in his opinion should be allowed for any damage caused or to be caused under section 6 and for any restrictions imposed under section 7; and

(c) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he has information, whether they have respectively appeared before him or not.

Section 13. Award of Collector when to be final

(1) Such award shall be filed n the Collector’s office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested; whether they have respectively appeared before the Collector or not, of the true are a of the land, the nature of the said obstruction from which the land is to be kept free, the damage caused or to be caused under section 6, the value of the rights restricted under section 7 and the apportionment of the compensation among the persons interested.

(2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.

Section 14. Adjournment of inquiry

The Collector may, for any cause he thinks fit, from time to time adjourn the inquiry to a day to be fixed by him.

Section 15. Power to summon and enforce attendance of witnesses and production of documents

For the purpose of inquiries under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents, by the same means, and (so far as may be) in the same manner, as is provided in the case of a Civil Court under the Code of Civil Procedure,

Section 16. Matters to be considered and-neglected

In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 3 and 4.

Section 17. Supplementary proceedings

Whenever the officer exercising powers conferred by section 6 considers it necessary that anything in respect of which any person is or may be entitled to compensation but of which no notice has been given or compensation awarded, under sections 9 and12, respectively, should be done in pursuance of the said powers, the collector shall cause supplementary notice to be given, as nearly as may be, in the manner prescribed by section 9 and subject to the limit of time imposed by sub-section (1) of that section, and the provisions of sections 10 to16 shall, so far as they are applicable, be deemed to apply to any further inquiry and award which maybe held or made in consequence of such supplementary notice.

Section 18. Reference to Court

(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested:

Provided that every such application shall be made,—

(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector’s award;

(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 13; sub-section (2) or within six months from the date of the Collector’s award, whichever period shall first expire.

(2) The application shall state the grounds on which objection to the award is taken.

Section 19. Collector’s statement to the Court

(1) In making the reference the Collector shall .state, for the information of the Court, in writing under his hand—

(a) the situation and extent of the land with particulars of any damage caused under section 6 or of restrictions imposed under section 7;

(b) the names of the persons whom he has reason to think interested in such land;

(c) the amount of compensation awarded under section 12; and

(d) if the objection be to the amount of the compensation, the grounds on which the amount of composition was determined

(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon and of the statements in writing made or de-livered by, the parties interested respectively.

Section 20. Service of notice

The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons namely ;—

(a) the applicant;

(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and

(c) if the objection is in regard to the area of the land, the nature of the obstructions or the amount of the compensation, the Collector.

Section 21. Restriction on scope of proceedings

The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.

Section 22. Proceedings to be in open Court

Every such proceeding shall take place in open Court, and all persons entitled to practice in any Civil Court in the 1[State] shall be entitled to appear, plead and act, as the case may be, in such proceeding.

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1. Substituted for the word ‘Province’ by A.L.O., 1950.

Section 23. Matters to be considered in determining compensation

(1) In deter-mining the amount of compensation to be awarded for damage caused, or to he caused, or for restrictions imposed under this Act, the Court shall take into consideration—

(a) the actual decrease in market-value of the land owing to the publication of the declaration relating thereto under section 3 and any damage cause-ed or to be caused under section 6 ;

(b) the damage sustained by the person interested, by reason of the removal of any standing crops in the exercise of any power conferred by section 6;

(c) the damage (if any) sustained by the person interested, by reason of ceasing to be able to use such land conjointly with his other land;

(d) the damage (if any) sustained by the person interested, by anything done or ordered under sections 6 and 7 injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; and

(e) if, in consequence of the imposition of restrictions, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change.

(2) In addition to the amount representing the actual decrease in the market-value of the land as above provided, the Court shall in every case award a further sum of fifteen per centum on such amount.

OBJECTS AND REASONS

“Clause ’23.—

We have recast the wording of sub-clause (1), paragraph (a), to preclude argument to the effect that Court must take into consideration the decrease in market-value which has actually occurred between the two points of time specified, irrespective of the question whether such decrease was occasioned by the publication of the declaration under clause 3 or any damage caused or to be caused under clause 6. From para-graph (b) we have removed the reference to “trees” which, in the case of removal of obstruction, must, we think, be taken into consideration under paragraph (a).”—S.C.R.

Section 24. Matters not to be considered in determining compensation

In deter-mining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall not take into consideration—

(a) the degree of urgency which has led to the damage or the imposition of restrictions;

(b) any disinclination of the person interested to submit to damage or restrictions;

(c) any damage sustained by him, which, if caused by a private person, would not render such person liable to a suit;

(d) any increase to the value of the other land of the person interested, accruing or likely to accrue from anything done under this Act; or

(e) any outlay or improvements on, or disposal of, the land commenced, made or effected without the sanction of the Collector after the date of the publication of the declaration under section 3.

OBJECTS AND REASONS

“Clause 24.—

We have omitted the words ‘of the land or’, which the original Bill re-produced from the fifth clause of the Land Acquisition Act, 1894, section 24 The position in the two cases appears to us to be essentially different. Under the enactment cited, the land is acquired by the Government which benefits by the increase. The Bill, however, contemplates a continuance of the owner’s title and occupation with compensation for any damage occasioned by restrictions upon use and enjoyment; but if the value of any portion of the land is actually increased, the damage must, of necessity, be proportionately reduced, and the point must, therefore, be taken into account under clause23, sub-clause (1), paragraph (a).”—S.C.R.

Section 25. Rules as to amount of compensation

(1) When the applicant has made a claim to compensation, pursuant to any notice given under section 6,the amount awarded to him by the Court shall not exceed the amount so claimed or be less than the amount awarded by the Collector under S. 1.

(2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, tile amount awarded by the Court shall in no case exceed the amount award-ed by the Collector.

(3) When the applicant has omitted for a sufficient reason (to be allow-ed by the Judge) to make such claim, the amount awarded to him by the Court-shall not be less than, and may exceed, the amount awarded by the Collector.

Section 26. Form of awards

Every award under this Part shall be in writing signed by the Judge, and shall specify the amount awarded under section 23,sub-section (1), clause (a), and also the amounts (if any) respectively award-ed under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.

Section 27. Costs

(1) Every such award shall also state the amount of costs incurred in the proceedings under this Part, and by what persons and in what proportion they are to be paid.

(2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court is of opinion that the claim of the applicant was so extravagant or that he .was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector’s costs.

Section 28. Collector may be directed to pay interest on excess compensation

If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the Court may direct that the Collector shall pay interest on such excess at the rate of six per centum per annum from the date of his award to the date of payment of such excess into Court.

Section 29. Particulars of apportionment to be specified

Where there are several persons interested, if such persons agreed in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.

Section 30. Dispute as to apportionment

When the amount of compensation has been settled under section 2, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the Court.

Section 31. Payment of compensation, or deposit of same in Court

(1) On making an award under section 2 , the Collector shall tender payment of the compensation awarded by him .to the persons interested entitled thereto ac-cording to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-section (2).

(2) If they do not consent to receive it, or if there is no person competent to alienate the land, of if there is ‘any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 8 would be submitted:

Provided, first, that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:

Provided, secondly, that no person who has received the amount other-wise than under protest shall be entitled to make any application under section 8 :

Provided, thirdly, that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the game to the person lawfully entitled there-to.

(3) Notwithstanding anything in this section, the Collector may, with the sanction of the 1[Central Government] instead of awarding a money-compensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, or by the remission of land-revenue on the same or on other lands held under the same title, or in such other way as may be equitable having regard to the interests of the parties concerned.

(4) Nothing in sub-section (3) shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any per-son interested in the land and competent to contract in respect thereof.

——————–

1. Substituted for the words “Local Government” by A. 0., 1937 (1-4-1937).

Section 32. Investment of money deposited in respect of lands belonging to per- sons incompetent to alienate

(1) If any money is deposited in Court under section 25, sub-section (2), and it appears that the land in respect of which the same was awarded belonged to any person who had no power to alienate the same, the Court shall order the money to be invested—

(a) in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money was deposited is held, or,

(b) if such purchase cannot be effected forthwith, then in such Government or other approved securities as it thinks fit; and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall re- main so deposited and invested until the same are applied—.

(i) in the purchase of such other lands as aforesaid; or

(ii) in payment to any person or persons becoming absolutely entitled there- to.

(2) In all cases of moneys deposited to which this section applies, the Court shall order the cost of the following matters, including therein all reason able charges and expenses incident thereto, to be paid by the Collector, namely:—

(a) the costs of such investment as aforesaid;

(b) the costs of the orders for the payment of the interest or other proceeds of the securities in which such moneys are for the time being invested, and for the payment out. of Court of the principal of such moneys and the costs of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.

Section 33. Investment of money deposited in other cases

If any money is deposited in Court under this Act for any cause other than that mentioned in section 32; the Court may, on. the application of any party interested or claiming an interest in such money, order the same to be invested in such Government of other approved securities as it thinks fit, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same benefit there from as they might have had from the land in respect of which such money was deposited or as near thereto as may be.

Section 34. Payment of interest

When the amount of any compensation award-ed under this Act is not paid or deposited within fifteen days of making the award, the Collector shall pay the amount awarded ‘with interest thereon at the rate of six per centum per annum from the date of the award until it is so paid or deposited.

Section 35. Service of notices

(1) Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 3, sub-section (2), by the officer therein mentioned, and, in the case of any other notice, by or by order of the Collector or the Judge.

(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.

(3) When such person cannot be found, the service may be made on any adult male member of his family residing with him and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house and also in some conspicuous part of the land upon which restrictions are to be imposed:

Provided that, if the Collector or Judge so directs, a notice may be sent by post in a letter addressed to the person named therein at his last known residence, address or place of business and service of it may be proved by the production of the addressee’s receipt.

Section 36. Penalties

Whoever wilfully—

(a) obstructs any person in doing any of the acts authorised by section 4, section 6 or section 8, or

(b) destroys, damages, alters or otherwise interferes with the ground-level or any work done under section 6 , or

(c) contravenes any of the provisions of section 7 or any condition prescribed there under, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees, or with both, and, in the case of a continuing offence, with an additional fine which may extend to five rupees for every day after the first in regard to which he is convict-ed of having persisted in the offence; and any expenses incurred in removing the effects of his offence may be recovered from him in the manner provided by the law for the time being in force for the recovery of fines.

Section 37. Magistrate to enforce the terms of the Act

If the Collector or officer authorised under section 6 is opposed or impeded in doing anything directed or permitted by this Act, he shall, if a Magistrate, enforce compliance, and, if not a Magistrate, he shall apply to a Magistrate 1[or (within any area for which a Commissioner of Police has been appointed) to the Commissioner of Police] and such Magistrate or Commissioner (as the case may be) shall enforce compliance.

——————–

1. Substituted for the words “or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police” by the Works of Defence (Amendment) Act, 1974 (50 of 1974), S. 3 (12-12-1974).

Section 38. Completion of imposition of restrictions not compulsory, but compensation to be awarded when not completed

(1) The 1[Central Government] shall be at liberty to withdraw from the imposition of any declared restrictions before any of the measures authorised by section 6 have been taken.

(2) Whenever the 1[Central Government] withdraws the imposition of any declared restrictions, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said restrictions.

(3) The provisions of Part III shall apply, so far as may be, to the determination of the compensation payable under this section.

——————–

1. Substituted, for the words “Local Government” by A. 0., 1937 (1-4-1937).

Section 39. Demolition of part of house or building and imposition of restrictions on part of land

(1) The provisions of this Act shall not be put in force for the purpose of demolishing or acquiring the right to demolish a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be demolished or that the right to demolish the whole of it shall be acquired:

Provided that the owner may at any time before the Collector has made his award under section 22, by notice in writing, withdraw or modify his ex-pressed desire that the whole of such house, manufactory or building shall be demolished, or that the right to demolish the whole of it shall be acquired: Provided also, that if any question shall arise as to whether any building or other construction proposed to be demolished under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the ‘Collector shall refer the .determination of such question, to the Court, and such building or other construction shall not be demolished until after the question has been determined. In deciding on such a reference the Court shall have regard to the question whether the building or other construction proposed to be demolished is reasonably required for the full and unimpaired use of the house, manufactory or building.

(2) If, in the case of any claim of the kind referred to in section 21, sub-section (1), clause (c), by a person interested, on account of ceasing to be able to use the land, upon the use and enjoyment of which restrictions are to be imposed, conjointly with his other land, the 1[Central Government] is of opinion that the claim is unreasonable or excessive, it may, at any time before the Collector has made his award, order the imposition of restrictions upon the whole of the land of which the land upon the use and enjoyment of which it was first sought to impose restrictions forms a part.

(3) In the case provided for by sub-section (2) no fresh declaration or other procceding under sections 33 to 34 shall be necessary; but the Collector shall without delay furnish a copy of the order of the a[Central Government]to the person interested, and shall thereafter proceed to make his award under section 22.

(4) Notwithstanding anything contained in section 17, clause (a), any land, upon the use and enjoyment of which restrictions are imposed under this section, may be included in the outer boundary, even though its distance from the crest of the outer parapet of the work exceeds two thousand yards

——————–

1. Substituted for the words “Local Government” by A.O., 1937 (1-4-1937)

Section 40. Exemption from stamp-duty and fees

No award or agreement made under this Act shall be chargeable with stamp-duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.

Section 41. Notice in case of suits for anything done in pursuance of Act

No suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to such person a month’s previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends.

Section 42. Code of Civil Procedure to apply to proceedings before Court

Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure shall apply to all proceedings before the Court under this Act.

Section 43. Appeals in proceedings before Court

Subject to the provisions of the Code of Civil Procedure applicable to appeals from original decrees, an appeal shall lie to the Supreme Court from the award or from any part of the award of the Court in any proceeding under this Act.

Section 44. Power to make rules

(1) 1[The Central Government may, by notification in the Official Gazette, make rules] for the guidance of officers in all matters connected with the enforcement of this Act.

(2) The power to make rules under sub-section (1) shall be subject to the condition of the rules being made after previous publication.

2[(3) Every rule made under this section 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 or 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.]

——————–

1. Substituted for the words “The Central Government may make rules” by the Works of Defence (Amendment) Act, 1974 (50 of 1974), S. 4 (12-12-1974).

2. Substituted for sub-section (3), by the Works of Defence (Amendment) Act, 1974 (50 of 1974), S. 4 (12-12-1974).

Bydeb

Workmen’s Compensation Act, 1923

1. Short title, extent and commencement.—

(1) This Act may be called the Workmen’s Compensation Act, 1923.

1[(2) It extends to the whole of India 2[***]].

(3) It shall come into force on the first day of July, 1924.

—————————–

1. Subs. by the A.O. 1950, for sub-section (2).

2. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971).

2. Definitions.—

(1) In this Act, unless there is anything repugnant in the subject or context,—

1[***]

(b) “Commissioner” means a Commissioner for Workmen’s Compensation appointed under section 20;

(c) “compensation” means compensation as provided for by this Act;

2[(d) “dependant” means any of the following relatives of deceased workman, namely:—

(i) a widow, a minor 1[legitimate or adopted] son, an unmarried 3[legitimate or adopted] daughter or a widowed mother; and

(ii) if wholly dependant 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;

(iii) if wholly or in part dependant 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 4[legitimate or illegitimate or adopted] if married and a minor or if widowed and a minor,

(d) a minor brother or an 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;]

5[Explanation.—For the purposes of sub-clause (ii) and items (f) and (g) of sub-clause (iii) references to a son, daughter or child include an adopted son, daughter or child respectively.]

(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 a 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 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).]

6[(ff) “minor” means a person who has not attained the age of eighteen years;]

(g) “partial disablement” means, where the disablement is of a temporary 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 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 7[in Part II of Schedule I] shall be deemed to result in permanent partial disablement;

(h) “prescribed” means prescribed by rules made under this Act;

(i) “qualified medical practitioner” means any person registered 8[***] under any 9[Central Act, Provincial Act, or an Act of the Legislature of a 10[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;

11[***]

(k) “seaman” means any person forming part of the crew of any 12[***] ship, but does not include the master of 13[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:

14[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 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 15[***] who is—

(i) a railway servant as defined in 16[clause (34) of section 2 of the Railways Act, 1989 (24 of 1989)] 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

17[(ia) (a) a master, seaman or other member of the crew of a ship,

(b) a captain or other member of the crew of an aircraft,

(c) a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle,

(d) 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;]

(ii) employed 18[***] 18[***] 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 20[the Armed Forces of the Union] 21[***]; 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 department22[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.

23[(3) The Central Government or the State Government, by notification in the Official Gazette, after giving not less than three months’ notice of its intention 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, in case of a notification by the Central Government, within the territories to which the Act extends, or, in the case of a notification by the State Government, within the State, to such classes of persons:

Provided that in making addition, the Central Government or the State Government, as the case may be, may direct that the provisions of this Act shall apply to such classes of persons in respect of specified injuries only.]

comments

Basis for calculation of compensation

The basis for calculation of compensation is monthly “wages”; Zubeda Bano v. Maharashtra Road Transport Corporation, 1990 LLR 287 (Bom).

“Batta” does not amount to “wages” for computing compensation

“Batta” paid to a workman per day to cover special expenses incurred by him due to nature of his employment does not amount to “wages” for the purposes of computing compensation; New India Assurance Co. Ltd., Hyderabad v. Kotam Appa Rao, 1995 LLR 609 (AP).

Conditions for treating a person as workman

From the definition of ‘workman’ given in section 2 (1) (n) of the Act, it is clear that for not treating a person as workman, two conditions are required to be proved namely that his employment is of casual nature and he is not employed for the purpose of employee’s trade or business and the onus is on the employer to prove these conditions; Mangala Ben v. Dalip Motwani, 1998 LLR 656.

Power of Commissioner to award more compensation

The Commissioner has power to award compensation more than what is claimed by the workman if the facts do warrant such an award; Karnataka State Road Transport Corporation v. B.T. Somasekharaiah, 1994 LLR 251 (Karn).

Salesmam in arrack shop is a workman

A salesman in an arrack shop is a ’workman’ in view of clause (iii) of Schedule II as defined under section 2 (1) (n) of the Act; Mathew Joseph v. Johay Sunny, 1995 LLR 390 (Ker).

Workman does not include his heirs and legal representatives

The workman defined in section 2 (1) (n) of the Act does not include any of his heirs and legal representatives; Sumuben v. Patel Industries, 1994 LLR 338 (Guj).

—————————–

1. Clause (a) omitted by Act 8 of 1959, sec. 2 (w.e.f. 1-6-1959).

2. Subs. by Act 8 of 1959, sec. 2, for clause (d) (w.e.f. 1-6-1959).

3. Subs. by Act 30 of 1995, sec. 2, for “legitimate” (w.e.f. 15-9-1995).

4. Subs. by Act 30 of 1995, sec. 2, for “legitimate or illegitimate” (w.e.f. 15-9-1995).

5. Ins. by Act 30 of 1995, sec. 2 (w.e.f. 15-9-1995).

6. Ins. by Act 8 of 1959, sec. 2 (w.e.f. 1-6-1959).

7. Subs. by Act 64 of 1962, sec. 2, for “in Schedule I” (w.e.f. 1-2-1963).

8. Certain words omitted by Act 8 of 1959, sec. 2 (w.e.f. 1-6-1959).

9. Subs. by the A.O. 1950, for the words “Act of the Central Legislature or of any Legislature in a Province of India”.

10. Subs. by the A.O. (No. 3) Order, 1956, for “Part A State or Part B State”.

11. Clause (j) omitted by Act 15 of 1933, sec. 2.

12. The word “registered” omitted by Act 15 of 1933, sec. 2.

13. Subs. by Act 15 of 1933, sec. 2, for “any such”.

14. Subs. by Act 64 of 1962, sec. 2, for the proviso (w.e.f. 1-2-1963).

15. Certain words omitted by Act 46 of 2000, sec. 2 (w.e.f. 8-12-2000).

16. Subs. by Act 30 of 1995, sec. 2, for “section 3 of the Indian Railways Act, 1890 (9 of 1890)” (w.e.f. 15-9-1995).

17. Ins. by Act 30 of 1995, sec. 2 (w.e.f. 15-9-1995).

18. The words “either by way of manual labour or” omitted by Act 15 of 1933, sec. 2.

19. The words “on monthly wages not exceeding one thousand rupees” omitted by Act 22 of 1984, sec. 2 (w.e.f. 1-7-1984).

20. Subs. by the A.O. 1950, for “His Majesty’s naval, military or air forces”.

21. The words “or of the Royal Indian Marine Service” omitted by the A.O. 1937.

22. Subs. by the A.O. 1937, for “of the Government”.

23. Subs. by Act 30 of 1995, sec. 2, for sub-section (3) (w.e.f. 15-9-1995).

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 1[three] days;

(b) in respect of any 2[injury, not resulting in death 3[or permanent total disablement] caused by] an accident which is directly attributable to—

(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 workman, 4[***].

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 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 provided, the accident shall be deemed to have arisen out of, and in the course of, the employment:

7[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 II 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.]

8[(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 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) 9[The Central Government or the State Government], by notification in the Official Gazette, after giving, 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 10[in the case of a notification by the Central Government, within the territories to which this Act extends, or, in case of a notification by the State Government, within the State] 11[***] as if such diseases had been declared by this Act to be occupational diseases peculiar to those employments.]

(4) Save as provided by 12[sub-sections (2), (2A)] and (3), no compensation shall be payable to a workman in respect of any disease unless the disease is 13[***] 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.

COMMENTS

Connection between accident and employment

The deceased employee while travelling by public transport to his place of work met with a fatal accident. Nothing has been brought on record that the employee was obliged to travel in any particular manner under the terms of the employment nor he was travelling in the official transport. Held, no casual connection between accident and employment could be established. Hence, the claimant is not entitled to any compensation; State Bank of India v. Vijay Laxmi, 1998 LLR 319.

Death during the course of employment

If the deceased employee met with his death while he was going to his place of work and the death has arisen during the course of employment, then the employer is liable for compensation; T.N.C.S. Corporation Ltd. v. S. Poomalai, 1995 LLR 63 (Mad): 1995 I LLJ HC MDS (378).

Entitlment to claim compensation

Where death was accelerated on account of stress and strain of the working condition, it is not necessary that there should be a direct connection between the cause of death and the nature of duties. Even if a casual connection between the two can be shown then the dependants of the deceased would be entitled to claim compensation from the employer; Divisional Personal Officer, Western Railway v. Ashiya Begam, 1994 LLR 11 (Raj).

Injury must be physical injury

Injury sustained by a workman must be a physical injury on account of accident; Leela Devi v. Ramlal Rahu, 1990 LLR 213 (HP).

Liability for compensation

(i) In order to attract section 3 (1) of the Act, following three conditions must be fulfilled:—

(a) personal injury;

(b) accident; and

(c) arising out of and in the course of employment; Kalayni P. v. Divisional Manager, Southern Railway (Personal Branch), Divisional Office, Madras, 2004 LLR 207 (Mad HC): 2004 I LLJ 49.

(ii) It is no doubt true that in order to succeed in an application for getting compensation under section 3 of the Act the following points are required to be established:—

(1) that the accident must arise out of and in the course of the workman’s employment;

(2) there must be causal connection between the injury and the accident and the work done in the course of the employment;

(3) the workman has to say that while doing a part of his duty or incidental thereto it has resulted into an accident.

It is necessary that the workman must be actually working at the time of the injury or the accident. Therefore, the three factors, that there must be injury, which must be caused in an accident, it must be caused in the course of and out of the employment must be established; Branch Manager, New India Assurance Co. Ltd. v. Siddappa, Major, 2004 LLR 731 (Kant HC).

Meaning of the expression “arising out of employment”

(i) The expression “arising out of employment” means that there must be casual relationship between the accident and the employment. If the accident has occurred on account of the risk which is an incident of employment, it has to be held that the accident has arisen out of the employment; Oriental Insurance Co. Ltd. v. Nanguli Singh, 1995 LLJ HC ORS (298).

(ii) The words “out of employment” is not limited to mere nature of the employment, but it (arising out of employment) applies to its nature, its conditions and obligations and its incidents. An accident which occurs on account of a risk, which is an incident of employment, then the claim for compensation can succeed provided the workman has not exposed himself to an added peril by his own imprudent act; Executive Engineer 19th Div. R.C.P., Bikaner v. Heeraram, 1982 (44) FLR 179 Raj: 1980 Raj LW 412.

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1. Subs. by Act 8 of 1959, sec. 3, for “seven” (w.e.f. 1-6-1959).

2. Subs. by Act 15 of 1933, sec. 3, for “injury to a workman resulting from”.

3. Ins. by Act 30 of 1995, sec. 3 (w.e.f. 15-9-1995).

4. The word “or” omitted by Act 5 of 1929, sec. 2.

5. Clause (c) omitted by Act 5 of 1929, sec. 2.

6. Subs. by Act 8 of 1959, sec. 3, for sub-sections (2) and (3) (w.e.f. 1-6-1959).

7. Ins. by Act 64 of 1962, sec. 3 (w.e.f. 1-2-1963).

8. Subs. by Act 64 of 1962, sec.3, for sub-section (2A) (w.e.f. 1-2-1963).

9. Subs. by Act 30 of 1995, sec. 3, for certain words (w.e.f. 15-9-1995).

10. Ins. by Act 30 of 1995, sec. 3 (w.e.f. 15-9-1995). 11. Certain words omitted by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971).

12. Subs. by Act 8 of 1959, sec. 3, for “sub-section (2)” (w.e.f. 1-6-1959).

13. The words “solely and” omitted by Act 15 of 1933, sec. 3.

4. Amount of compensation.—

1Amount of compensation.

(1) Subject to the provisions of this Act, the amount of compensation shall be as follows, namely:—

(a)   Where death results from the injury .

an amount equal to 2[fifty per cent.] of the monthly wages of the deceased workman multiplied by the relevant factor;

or

an amount of 3[4[eighty thousand rupees]],whichever is more;

(b)   Where permanent total disablement results from the injury

an amount equal to 5[sixty per cent.] of the monthly wages of the injured workman multiplied by the relevant factor;

                                                           or

an amount of 6[7[ninety 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 8[four thousand rupees], his monthly wages for the purposes of clause (a) and clause (b) shall be deemed to be 8[four thousand rupees] only;

(c)   Where permanent partial disablement  result from the injury

(i) in the case of an injury specified in Part II of Schedule I, such percentage of the compensation which would have been payable in thecase 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 specified in Schedule I, such percentage of the compen- sation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury;

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 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 mostly wages of the workman, to be paid in accordance with the rovisions of sub-section (2).

9[(1A) Notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to a workman is respect of an accident occurred outside India, the Commissioner shall take into account the amount of compensation, if any, awarded to such workman in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the workman in accordance with the law of that country.]

(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-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.]

9[(4) If the injury of the workman results in his death, the employer shall, in addition to the compensation under sub-section (1), deposit with the Commissioner a sum of 10[two thousand and five hundred rupees] for payment of the same to the eldest surviving dependant of the workman towards the expenditure of the funeral of such workman or where the workman did not have a dependant or was not living with his dependant at the time of his death to the person who actually incurred such expenditure.]

COMMENTS

Assessment of loss of earning capacity by the qualified medical practitioner

The incorporation of words “assessment of loss of earning capacity by the qualified medical practitioner” in section 4 (1) (c) (ii) have some purpose and it is not a case of ambiguity at all. So long as there is no provision which enables the Commissioner to determine the compensation ignoring the medical practitioner’s report, there is no question of avoiding it by Commissioner unless he wants a second report from the Medical Board; New India Assurance Co. Ltd. v. Sreedharan, 1995 LLR 376 (Ker).

Interference by High Court

The interference by High Court with the order of recall by Commissioner for Workmen’s Compensation on the ground of fraud by workman is unjustified both on fact and the law; Roshan Deen v. Preeti Lal, AIR 2002 SC 33.

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1. Subs. by Act 22 of 1984, sec. 3, for section 4 (w.e.f. 1-7-1984).

2. Subs. by Act 30 of 1995, sec. 4, for “forty per cent.” (w.e.f. 15-9-1995).

3. Subs. by Act 30 of 1995, sec. 4, for “twenty thousand rupees” (w.e.f. 15-9-1995).

4. Subs. by Act 46 of 2000, sec. 3, for “fifty thousand rupees” (w.e.f. 8-12-2000).

5. Subs. by Act 30 1995, sec. 4, for “fifty per cent.” (w.e.f. 15-9-1995).

6. Subs. by Act 30 of 1995, sec. 4, for ”twenty-four thousand rupees” (w.e.f. 15-9-1995).

7. Subs. by Act 46 of 2000, sec. 3, for “sixty thousand rupees” (w.e.f. 8-12-2000).

8. Subs. by Act 30 of 1995. sec. 4, for “one thousand rupees” (w.e.f. 15-9-1995) and again subs. by Act 46 of 2000, sec. 3, for “two thousand rupees” (w.e.f. 8-12-2000).

9. Ins. by Act 30 of 1995, sec. 4 (w.e.f. 15-9-1995).

10. Subs. by Act 46 of 2000, sec. 3, for “one thousand rupees” (w.e.f. 8-12-2000).

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.

 2[(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 shall—

(a) direct that the employer shall, in addition to the amount of the arrears, pay simple interest thereon at the rate of twelve per cent per annum or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the Central Government, by notification in the Official Gazette, on the amount due; and

(b) if, in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears, and interest thereon pay a further sum not exceeding fifty per cent of such amount by way of penalty:

Provided that an order for the payment of penalty shall not be passed under clause (b) without giving a reasonable opportunity to the employer to show cause why it should not be passed.

Explanation.—For the purposes of this sub-section, “scheduled bank” means a bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934).

3[(3A) The interest and the penalty payable under sub-section (3) shall be paid to the workman or his dependant, as the case may be.]]

 COMMENTS

Defaulting employer to pay additional amount of compensation

Sub-section (3) of section 4A read with clauses (a) and (b) thereof, makes it clear that additional amount of compensation can be levied against the defaulting employer by way of penalty if it is shown that there is no justification for the delay on his part in making good the compensation amount to the claimant; Ved Prakash Garg v. Premi Devi, JT 1997 (8) SC 229.

Delayed payment or deposit of compensation entails interest as well as penalty

Delayed payment or deposit of compensation entails interest @ 6 % p.a. as well as penalty not exceeding 50% of the amount; Jayanti Lal & Co. v. Garesia Rajvirba, (1992) 1 Lab IC 1225 (Guj).

Payment of compensation either to the workman or to deposit it with the Commissioner

Section 4A (2) makes it clear that, in the first place, the employer has to accept the extent of his liability for payment of compensation and on that basis he has to make payment either to the workman or to deposit with the Commissioner. The requirement of this sub-section is payment to the workman and not to any other person including his heirs and legal representatives. It takes within its sweep the case where the workman has not breathed his last on account of the accident met with by him in the course of his employment; Sumuben v. Patel Industries, 1994 LLR 338 (Guj).

Sub-section (3) of section 4A is a beneficial provision

It is apparent that sub-section (3) of section 4A is beneficial provision made for the benefit of the employee, having regard to the scheme of the Act, the provision for payment of interest and of penalty have been enacted with a view to deter the employer from taking pleas and avoiding payment of the compensation which becomes payable; Divisional Forest Officer v. Baijanti Bai, 1995 I LLJ MP (837).

Sub-section (3) of section 4A is not applicable for fixing rate of interest in a claim under the Motor Vehicles Act.

Section 4A(3) of the Workmen’s Compensation Act is not applicable in the matter of fixing rate of interest in a claim under the Motor Vehicles Act; Abati Bezbaruah v. Dy. Director General, GSI, (2003) 3 SCC 148.

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1. Ins. by Act 8 of 1959, sec. 5 (w.e.f. 1-6-1959).

2. Subs. by Act 30 of 1995, sec. 5, for sub-section (3) (w.e.f. 15-9-1995).

3. Subs. by Act 46 of 2000, sec. 4, for sub-section (3A) (w.e.f. 8-12-2000).

5. Method of calculating wages—

5. Method of calculating wages.—1[***] 2[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 have fallen due for payment to him by the employer in the last twelve months of that period;

3[(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 4[***] the average monthly amount which, during the twelve 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;]

5[(c)]6[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.

7[***]

Explanation.—A period of service shall, for the purposes of 8[this 9[section]] be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days.

10[***]

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1. The brackets and figure “(1)” omitted by Act 9 of 1938, sec. 4.

2. Subs. by Act 13 of 1939, sec. 2, for “For the purposes of this Act the monthly wages of a workman shall be calculated” (w.r.e.f. 30-6-1934).

3. Ins. by Act 15 of 1933, sec. 5. 4. The words “deemed to be” omitted by Act 13 of 1939, sec. 2 (w.r.e.f. 30-6-1934).

5. Clause (b) re-lettered as clause (c) by Act 15 of 1933, sec. 5.

6. Subs. by Act 8 of 1959, sec. 6, for “in other cases” (w.e.f. 1-6-1959).

7. Proviso omitted by Act 15 of 1933, sec. 5.

8. Subs. by Act 5 of 1929, sec. 3, for “this section”.

9. Subs. by Act 9 of 1938, sec. 4, for “sub-section”.

10. Sub-section (2) added by Act 5 of 1929, sec. 3 and omitted by Act 15 of 1933, sec. 5.

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.—

Any right to receive half-monthly payments may, be 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 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 3[of an amount equal to three months’ wages of such workman and so much of such amount] 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), 4[as compensation in respect of a deceased workman] the Commissioner 5[***] 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 apportioned among the dependant 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.]

7[(8)] Where an 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 to 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.

8[(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.]

State Amendments

Andhra Pradesh.—In section 8, after sub-section (4), insert the following proviso, namely:—

“Provided that in respect of a workman belonging to an establishment to which the Andhra Pradesh Labour Welfare Fund Act, 1987 applies, the Commissioner shall pay the said balance of the money into the fund constituted under that Act in lieu of repaying to the employer.”

[Vide Andhra Pradesh Act 34 of 1987, sec. 40 (w.e.f. 1-5-1988).]

Goa.—Same as in Andhra Pradesh except the name of the Act is Goa, Daman and Diu Labour Welfare Fund Act, 1986.

[Vide Goa Act 4 of 1987, sec. 40 (w.e.f. 26-1-1990).]

COMMENTS

Employer not to pay compensation directly to the deceased heirs and legal representatives

No compensation has to be paid in respect of a workman whose injury has resulted in death except by deposit with the Commissioner and no such payment made directly by an employer shall be deemed to be a payment of compensation; the employer should not make any payment of compensation directly to the deceased’s heirs and legal representatives or to any of them; Sumuben v. Patel Industries, 1994 LLR 338 (Guj).

Object of section 8

(i) Section 8 of the Act is designed to protect the heirs and legal representatives of the deceased workman against any kind of exploitation or fraud likely to be practised on them by or on behalf of the employer or any third party; Sumuben v. Patel Industries, 1994 LLR 338 (Guj).

(ii) Section 8 of the Act lays down the format for quantum of compensation payable by an employer when an employee meets with an accident. Its object is that unscrupulous employer should not take advantage of the ignorance of the employee in making payment of a paltry sum. Therefore the Act safeguards the interest of the workers and any private payment will not discharge the statutory obligation; May-field Estate Nalhollah Nilgiris v. Krishan, 1984 (48) FLR.

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1. Subs. by Act 5 of 1929, sec. 4, for sub-sections (1) to (3).

2. Subs. by Act 15 of 1933, sec. 6, for the proviso.

3. Subs. by Act 30 of 1995, sec. 6, for certain words (w.e.f. 15-9-1995).

4. Ins. by Act 5 of 1929, sec. 4.

5. Certain words omitted by Act 30 of 1995, sec. 6 (w.e.f. 15-9-1995).

6. Subs. by Act 5 of 1929, sec. 4, for the sub-sections (5) to (7).

7. The sub-section (6) re-numbered as sub-section (8) by Act 5 of 1929, sec. 4. 8. Ins. by Act 5 of 1929, sec. 4.

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.—

(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 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 were the accident occurred, or

(b) if the employer 7[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 8[entertain] and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been 9[preferred], in due time as provided in this sub-section, if he is satisfied that the failure so to give the notice or 10[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 11[any one of] several employers, or upon any person 12[***] responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed.

 13[(3) The State Government may require that any prescribed class of employers shall maintain at these 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.]

COMMENTS

Liability of insurance company

Insurance company cannot escape liability simply because the notice was not issued to the Insurance Company. Notice to the owner of the vehicle is good enough; Ram Karan v. Vijayanand, 1995 LLR 69 (MP).

Posthumous registration for purposes of insurance is an insured person

An employee suffering employment injury granted posthumous registration for the purposes of insurance is nonetheless an insured person; Bharagath Engineering v. R. Raganayaki, (2003) 2 SCC 138.

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1. Subs. by Act 9 of 1938, sec. 5, for certain words.

2. Subs. by Act 8 of 1959, sec. 8, for “one year” (w.e.f. 1-6-1959).

3. Ins. by Act 64 of 1962, sec. 5 (w.e.f. 1-2-1963).

4. Ins. by Act 15 of 1933, sec. 7.

5. Subs. by Act 9 of 1938, sec. 5, for “maintenance of proceedings”.

6. Subs. by Act 9 of 1938, sec. 5, for “made”.

7. Ins. by Act 9 of 1938, sec. 5.

8. Subs. by Act 9 of 1938, sec. 5, for “admit”.

9. Subs. by Act 9 of 1938, sec. 5, for “instituted”.

10. Subs. by Act 9 of 1938, sec. 5, for “institute”.

11. Subs. by Act 7 of 1924, sec. 2 and Sch. I, for “any one or”.

12. The word “directly” omitted by Act 9 of 1938, sec. 5.

13. Subs. by Act 15 of 1933, sec. 7, for sub-section (3).

[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.

(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 liability.

(4) Where the employer has so disclaimed liability, the Commissioner, after such inquiry as he may think fit, may inform any of the dependants of the deceased workman that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit.

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1. Ins. by Act 15 of 1933, sec. 8.

10B. Reports of fatal accidents and serious bodily injuries.

1[10B. Reports of fatal accidents and serious bodily injuries.—(1) Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death 2[or serious bodily injury], the person required to give the notice shall, within seven days of the death 2[or serious bodily injury], send a report to the Commissioner giving the circumstances attending the death 2[or serious bodily injury]:

Provided that where the State Government has so prescribed the person required to give the notice may instead of sending such report to the Commissioner send it to the authority to whom he is required to give the notice.

3[Explanation.—“Serious bodily injury” means an injury which involves, or in all probability will involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days.]

(2) The State Government may, by notification in the Official Gazette, extend the provisions of sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and may, by such notification, specify the persons who shall send the report to the Commissioner.]

 3[(3) Nothing in this section shall apply to factories to which the Employees’ State Insurance Act, 1948 (34 of 1948), applies.

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1. Ins. by Act 15 of 1933, sec. 8.

2. Ins. by Act 8 of 1959, sec. 9 (w.e.f. 1-6-1959).

3. Added by Act 8 of 1959, sec. 9 (w.e.f. 1-6-1959).

11. Medical examination.—

(1) Where a workman has given notice of an accident he shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected offers to have him examined free of charge by a qualified medical practitioner, submit himself of such examination, and any workmen who is in receipt of a half-monthly payment under this Act shall, if so required, submit himself for such examination from time to time:

Provided that a workman shall not be required to submit himself for examination by a medical practitioner otherwise than in accordance with rules made under this Act, or at more frequent intervals than may be prescribed.

(2) If a workman, on being required to do so by the 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.

(3) If a workman, before the expiry of the period within which he is liable under sub-section (1) to be required to submit himself for medical examination, voluntarily leaves without having been so examined the vicinity of the place in which he was employed, his right to compensation shall be suspended until he returns and offers himself for such examination.

(4) Where a workman, whose right to compensation has been suspended under sub-section (2) or sub-section (3) dies without having submitted himself for medical examination as required by either of those sub-sections, the Commissioner may, if he thinks fit, direct the payment of compensation to the dependants of the deceased workman.

(5) Where under sub-section (2) or sub-section (3) a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause (d) of sub-section (1) of section 4, the waiting period shall be increased by the period during which the suspension continues.

(6) Where an injured workman has refused to be attended by a qualified medical practitioner whom services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner, then, 1[if it is proved that the workman has not thereafter been regularly attended by a qualified medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was unreasonable] in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the workman had been regularly attended by a qualified medical practitioner 2[whose instructions he had followed], and compensation, if any, shall be payable accordingly.

COMMENTS

Determination of loss of earning capacity

Loss of earning capacity has to be determined by taking into account the diminution or destruction of physical capacity as disclosed by the medical evidence and then it has to be seen to what extent such diminution or destruction should reasonably be taken to have disabled the affected workman of his class ordinarily performs. The medical evidence as to physical capacity is an important factor in the assessment of loss of earning capacity, in the absence of medical evidence by doctors examining the claimant on behalf of either side, it is difficult to measure the physical disability of the claimant and thus also the diminution or otherwise of the earning capacity; Bengal Coal Co. Ltd. v. Barhan Gopel, 1983 II LLJ 86 Cal.

Medical examination

(i) It is the responsibility of the employer to press for medical examination of the workman receiving injuries in an accident; Madhya Pradesh Mining Corporation v. Munda Kol, 1990 LLR 115 (MP).

(ii) No doubt section 11 provides that medical examination can be ordered by the Commissioner under the Workmen’s Compensation Act but it has been held that it is the responsibility of the employer to press for the medical examination of the workman; Madhya Pradesh Mining Corporation through Manager Mines, Satve v. Munda Kol Son, of Kutti, 1990 LLR 115 (MP).

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1. Subs. by Act 9 of 1938, sec. 6, for certain words.

2. Ins. by Act 9 of 1938, sec. 6.

12. Contracting

Where any person (hereinafter in this section referred to as the principal) in the course of or for the purposes of his trade or business contract with any other person (hereinafter in this section referred to as the contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal this Act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by whom he is immediately employed. Where the principal is liable to pay compensation under this section he shall be entitled to be indemnified by the contractor or any other person from whom the workman could have recovered compensation and where a contractor who is himself a principal is liable to a pay compensation or to indemnify a principal under this section be shall be entitled to be indemnified by any person standing to him in the relation of a contractor from whom the workman could have recovered compensation and all questions as to the right to and the amount of any such indemnity shall in default of agreement be settled by the Commissioner. Nothing in this section shall be construed as preventing a workman from recovering compensation from the contractor instead of the principal. This section shall not apply in any case where the accident occurred elsewhere that on in or about the premises on which the principal has undertaken or usually undertakes as the case may be to execute the work or which are otherwise under his control or management.

13. Remedies of employer against stranger.—

Where a workman has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof, the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages as aforesaid.

14. Insolvency of employer.—

(1) Where any employer has entered into a contract with any insurers in respect of any liability under this Act to any workman, then in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in any law for the time being in force relating to insolvency or the winding up of companies, be transferred to and vest in the workman, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurers shall not be under any greater liability to the workman than they would have been under the employer.

(2) If the liability of the insurers to the workman is less than the liability of the employer to the workman, the workman may prove for the balance in the insolvency proceedings or liquidation.

(3) Where in any case such as is referred to in sub-section (1) the contract of the employer with the insurers is void or voidable by reason of non-compliance on the part of the employer with any terms or conditions of the contract (other than a stipulation for the payment of premia), the provisions of that sub-section shall apply as if the contract were not void or voidable, and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the workman:

Provided that the provisions of this sub-section shall not apply in any case in which the workman fails to give the notice to the insurers of the happening of the accident and of any resulting disablement as soon as practicable after he becomes aware of the institution of the insolvency or liquidation proceedings.

(4) There shall be deemed to be included among the debts which under section 49 of the Presidency-towns Insolvency Act, 1909 (3 of 1909), or under section 61 of the Provincial Insolvency Act, 1920 (5 of 1920), or under 1[section 530 of the Companies Act, 1956 (1 of 1956)], are in the distribution of the property of an insolvent or in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount due in respect of any compensation the liability wherefor accrued before the date of the order of adjudication of the insolvent or the date of the commencement of the winding up, as the case may be, and those Acts shall have effect accordingly.

(5) Where the compensation is a half-monthly payment, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum for which the half-monthly payment could, if redeemable, be redeemed if applications were made for that purpose under section 7, and a certificate of the Commissioner as to the amount of such sum shall be conclusive proof thereof.

(6) The provisions of sub-section (4) shall apply in the case of any amount for which an insurer is entitled to prove under sub-section (3), but otherwise those provisions shall not apply where the insolvent or the company being wound up has entered into such a contract with insurers as is referred to in sub-section (1).

(7) This section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company.

COMMENTS

Section 14 does not operate as a prohibition against any proceeding

 Section 14 does not operate as a prohibition against any proceedings before the Workmen’s Compensation Commissioners invoking the insurer who is liable under a contract of insurance to discharge the liability of the employer to compensate the workmen, according to the provisions of the Workmen’s Compensation Act. United India Insurance Co. v. Gangadharan Nair, (1987) LLJ 448.

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1. Subs. by Act 30 of 1995, sec. 7, for “section 230 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 15-9-1995).

14A. Compensation to be first charge on assets transferred by employer.

1[14A. Compensation to be first charge on assets transferred by employer.—Where an employer transfers his assets before any amount due in respect of any compensation, the liability wherefor accrued before the date of the transfer, has been paid, such amount shall, notwithstanding anything contained in any other law for the time being in force, be a first charge on that part of the assets so transferred as consists of immovable property.]

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1. Ins. by Act 8 of 1959, sec. 10 (w.e.f. 1-6-1959).

15. Special provisions relating to masters and seamen. —

15. Special provisions relating to masters and seamen. —This Act shall apply in the case of workmen who are masters of 1[***] ships or seamen subject to the following modifications, namely:—

(1) The notice of the accident and the claim for compensation may, except where the person injured is the master of the ship, be served on the master of the ship as if he were the employer, but where the accident happened and the disablement commenced on board the ship, it shall not be necessary for any seaman to give any notice of the accident.

(2) In the case of the death of a master or seaman, the claim for compensation shall be made within 2[one year] after the news of the death has been received by the claimant or, where the ship has been or is deemed to have been lost with all hands, within eighteen months of the date on which the ship was, or is deemed to have been, so lost:

3[Provided that the Commissioner may entertain any claim to compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to prefer the claim was due to sufficient cause.]

(3) Where an injured master or seaman is discharged or left behind in any part of 4[India or] 5[in any foreign country] any depositions taken by any Judge or Magistrate in that part or by any Consular Officer in the foreign country and transmitted by the person by whom they are taken to the Central Government or any State Government shall, in any proceedings for enforcing the claim, be admissible in evidence—

(a) if the deposition is authenticated by the signature of the Judge, Magistrate or Consular Officer before whom it is made;

(b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness; and (c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused,

and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made.

6[***]

7[(4)] No 8[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 9[***] relating to merchant shipping, liable to defray the expenses of maintenance of the injured master or seaman.

10[(5) No compensation shall be payable under this Act in respect of any injury in respect of which provision is made for payment of a gratuity, allowance or pension under the War Pensions and Detention Allowances (Mercantile Marine, etc . ) Scheme, 1939, or the War Pensions and Detention Allowances (Indian Seamen, etc.) Scheme, 1941, made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act, 1939 (2 &3 Geo. 6, c. 83), or under the War Pensions and Detention Allowances (Indian Seamen) Scheme, 1942, made by the Central Government.

(6) Failure to give a notice or make a claim or commence proceedings within the time required by this Act shall not be a bar to the maintenance of proceedings under this Act in respect of any personal injury, if—

(a) an application has been made for payment in respect of that injury under any of the schemes referred to in the preceding clause, and

(b) the State Government certifies that the said application was made in the reasonable belief that the injury was one in respect of which the scheme under which the application was made makes provision for payments, and that the application was rejected or that payments made in pursuance of the application were discontinued on the ground that the injury was not such an injury, and

(c) the proceedings under this Act are commenced within one month from the date on which the said certificate of the State Government was furnished to the person commencing the proceedings.]

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1. The word “registered” omitted by Act 15 of 1933, sec. 10.

2. Subs. by Act 8 of 1959, sec. 11 for “six months” (w.e.f. 1-6-1959 ).

3. Added by Act 8 of 1959, sec. 11 (w.e.f. 1-6-1959 ).

4. Ins. by the A.O. 1950.

5. Subs. by Act 22 of 1984, sec. 4, for “His Majesty’s dominions or in any other foreign country” (w.e.f.1-7-1984).

6. Clause (4) omitted by Act 9 of 1938, sec. 7.

7. Clause (5) re-numbered as clause (4) by Act 9 of 1938, sec. 7

8. Subs. by Act 7 of 1924, sec. 2 and Sch. I, for “monthly payment”.

9. The words and letters “in Part A States and Part C States” omitted by Act 3 of 1951, sec. 3 and Sch.

10. Subs. by Act 1 of 1942, sec. 2, for clause (5) (w.e.f. 3-9-1939 ). Earlier clause (5) was inserted by Act 42 of 1939, sec. 2.

15A. Special provisions relating to captains and other members of crew of aircrafts.

1[15A. Special provisions relating to captains and other members of crew of aircrafts.—This Act shall apply in the case of workmen who are captains or other members of the crew of aircrafts subject to the following modifications, namely:—

(1) The notice of the accident and the claim for compensation may, except where the person injured is the captain of the aircraft, be served on the captain of the aircraft and if he were the employer, but where the accident happened and the disablement commenced on board the aircraft it shall not be necessary for any member of the crew to give notice of the accident.

(2) In the case of the death of the captain or other member of the crew, the claim for compensation shall be made within one year after the news of the death has been received by the claimant or, where the aircraft has been or is deemed to have been lost with, all hands, within eighteen months of the date on which the aircraft was, or is deemed to have been, so lost:

Provided that the Commissioner may entertain any claim for compensation in any case notwithstanding that the claim had not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to prefer the claim was due to sufficient cause.

(3) Where an injured captain or other member of the crew of the aircraft is discharged or left behind in any part of India or in any other country any depositions taken by any Judge or Magistrate in that part or by any Consular Officer in the foreign country and transmitted by the person by whom they are taken to the Central Government or any State Government shall in any proceedings for enforcing the claim, be admissible in evidence—

(a) if the deposition is authenticated by the signature of the Judge, Magistrate or Consular Officer before whom it is made;

(b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness;

(c) if the deposition was made in the course of a criminal proceeding, on proof, that the deposition was made in the presence of the person accused,

and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made.]

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1. Ins. by Act 30 of 1995, sec. 8 (w.e.f. 15-9-1995).

15B. Special provisions relating to workmen abroad of companies and motor vehicles.

1[15B. Special provisions relating to workmen abroad of companies and motor vehicles.—This Act shall apply—

(i) in the cease of workmen who are persons recruited by companies registered in India and working as such abroad, and

(ii) persons sent for work abroad along with motor vehicles registered under the Motor Vehicles Act, 1988 (59 of 1988) as drivers, helpers, mechanics, cleaners or other workmen, subject to the following modifications, namely:—

(1) The notice of the accident and the claim for compensation may be served on the local agent of the company, or the local agent of the owner of the motor vehicle, in the country of accident, as the case may be.

(2) In the case of death of the workman in respect of whom the provisions of this section shall apply, the claim for compensation shall be made within one year after the news of the death has been received by the claimant:

Provided that the Commissioner may entertain any claim for compensation in any case notwithstanding that the claim had not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to prefer the claim was due to sufficient cause.

(3) Where an injured workman is discharged or left behind in any part of India or in any other country any depositions taken by any Judge or Magistrate in that part or by any Consular Officer in the foreign country and transmitted by the person by whom they are taken to the Central Government or any State Government shall, in any proceedings for enforcing the claims, be admissible in evidence—

(a) if the deposition is authenticated by the signature of the Judge, Magistrate or Consular Officer before whom it is made;

(b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness;

(c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused,

and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made.]

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1. Ins. by Act 30 of 1995, sec. 8 (w.e.f. 15-9-1995).

16. Returns as to compensation.—

16. Returns as to compensation.—The 1[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 1[State Government] may direct.

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1. The words “G.G. in C.” have successively been substituted by the A.O. 1937 and the A.O. 1950 to read as above.

17. Contracting out.—

Any contract or agreement whether made before or after the commencement of this Act, whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment, shall be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under this Act.

COMMENTS

Interference by High Court

The interference of High Court with the order of recall on the ground of fraud by workman by Commissioner for Workman Compensation unjustified both on fact and law; Roshan Deen v. Preeti Lal, AIR 2002 SC 33.

Legislative mandate cannot be bypassed in exercise of supervisory and extraordinary jurisdiction under article 227 of the Constitution

The Legislative mandate to protect rights of workman cannot be bypassed in exercise of supervisory and extraordinary jurisdiction under article 227 of Constitution; Roshan Deen v. Preeti Lal, (2002) 1 SCC 100.

18. Proof of age.—

[Rep. by the Workmen’s Compensation (Amendment) Act, 1959 (8 of 1959), section 12 (w.e.f. 1-6-1959).]

18A. Penalties.—

1[18A. Penalties.—(1) Whoever—

(a) fails to maintain a notice-book which he is required to maintain under sub-section (3) of section 10, or

 (b) fails to send to the Commissioner a statement which he is required to send under sub-section (1) of section 10A, or

 (c) fails to send a report which he is required to send under section 10 B, or

(d) fails to make a return which he is required to make under section 16,

shall be punishable with fine which may extend to 2[five thousand] rupees.

(2) No prosecution under this section shall be instituted except by or with the previous sanction of a Commissioner, and no court shall take cognizance of any offence under this section, unless complaint thereof is made 3[within six months of the date on which the alleged commission of the offence came to the knowledge of the Commissioner].

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1. Ins. by Act 15 of 1933, sec. 11.

2. Subs. by Act 30 of 1995, sec. 9, for “five hundred” (w.e.f. 15-9-1995).

3. Subs. by Act 64 of 1962, sec. 6, for certain words (w.e.f. 1-2-1963).

19. Reference to Commissioners.

(1) 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 1[a Commissioner].

(2) 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.

COMMENTS

Liability of the employer

The liability of the employer arises as soon as the injury is caused and at any subsequent occasion. It cannot be suspended; State of Punjab v. Vidya Devi, (1990) II LLN 579 (P&H).

Liability of the insurance company

If the insurance company has agreed to discharge the liability of the employer under the Workmen’s Compensation Act, the liability of the insurance company to indemnify the insurer shall have to be determined by the Commissioner for Workmen’s Compensation in the very same proceedings by virtue of the provisions contained in section 19(1) of the Act; Razak Haji Jumma v. United India Insurance Co., 1995 (I) LLJ 168 (Bom).

Scope of expression “any person”

The insurer also will come within the scope of “any person” contemplated in section 19 of the Act and thus within the jurisdiction of the Workmen’s Compensation Commissioner; New India Assurance Co. Ltd. v. Joseph, 2000 (I) LLJ 1063 (Ker): (1999) 96 FJR 575.

Scope of sub-section (2)

The scope and scheme of sub-section (2) is not to take away from the civil court its jurisdiction to give relief in tort, but to provide alternate optional remedy for certain classes of persons in certain special circumstances and for certain happenings. There are two requirements, which need to be satisfied by the Commissioner to act under this Act— (1) the party must forego its right under the common law of the land, (2) the facts giving jurisdiction to the Commissioner must also exist side by side. When these two conditions are strictly fulfilled, the Act seeks to bar jurisdiction of the civil court on the aspects, namely, settling, deciding and dealing with any question involved in the proceeding; Gangnani & Co. v. Saraswati, 2001 (II) LLJ 1022 (Bom): 2001 (II) CLR 842.

Section 19 does not take away the jurisdiction of the civil court

Section 19 of the Act does not take away the jurisdiction of the civil court to grant relief in tort since section 5 indicates that the workman has an option to claim compensation either under the Workmen’s Compensation Act or can take recourse to the civil court for damages and the injuries sustained by him; Minerals & Chemicals v. Thevan, 1991 (II) LLN 951 (Ker).

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1. Subs. by Act 15 of 1933, sec. 12, for “the Commissioner”.

20. Appointment of Commissioners..—

(1) The State Government may, by notification in the Official Gazette, appoint any person to be a Commissioner for Workmen’s Compensation for such 1[***] area as may be specified in the notification.

2[(2) Where more than one Commissioner has been appointed for any 1[***] area, the State Government may, by general or special order, regulate the distribution of business between them.]

3[(3)] 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.

3[(4)] Every Commissioner shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

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1. The word “local”omitted by Act 64 of 1962, sec. 7 (w.e.f. 1-2-1963).

2. Ins. by Act 15 of 1933, sec. 13.

3. Sub-sections (2) and (3) re-numbered as sub-sections (3) and (4) by Act 15 of 1933, sec. 13.

21. Venue of proceedings and transfer—

21. Venue of proceedings and transfer.— 1[(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

(b) the workman or in case of his death, the dependant claiming the compensation ordinarily resides; or

(c) the employer has his registered office:

Provided that no matter shall be processed before or by a Commissioner, other than the Commissioner having jurisdiction over the area in which the accident took place, without his giving notice in the manner prescribed by the Central Government to the Commissioner having jurisdiction over the area and the State Government concerned:

Provided further that, where the workman, being the master of a ship or a seaman or the captain or a member of the crew of an aircraft or a workman in a motor vehicle or a company, meets with the accident outside India any such matter may be done by or before a Commissioner for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office of the company is situate, as the case may be.

(1A) If a Commissioner, other than the Commissioner with whom any money has been deposited under section 8, proceeds with a matter under this Act, the former may for the proper disposal of the matter call for transfer of any records or moneys remaining with the latter and on receipt of such a request, he shall comply with the same.]

(2) If a Commissioner is satisfied 2[that any matter arising out of any proceedings pending before him] can be more conveniently dealt with by any other Commissioner, whether in the same State or not, he may, subject to rules made under this Act, order such matter to be transferred to such other Commissioner either for report or for disposal, and, if he does so, shall forthwith transmit to such other Commissioner all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the prescribed manner any money remaining in his hands or invested by him for the benefit of any party to the proceedings:

3[Provided that the Commissioner shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard:]

4[***]

(3) The Commissioner to whom any matter is so transferred shall, subject to rules made under this Act, inquire thereinto and, if the matter was transferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him.

(4) On receipt of a report from a Commissioner to whom any matter has been transferred for report under sub-section (2), the Commissioner by whom it was referred shall decide the matter referred in conformity with such report.

5[(5) The State Government may transfer any matter from any Commissioner appointed by it to any other Commissioner appointed by it.]

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1. Subs. by Act 30 of 1995, sec. 10, for sub-section (1) (w.e.f. 1-10-1996), vide S.O. 677(E), dated 25th September, 1996.

2. Subs. by Act 9 of 1938, sec. 9, for certain words.

3. Ins. by Act 9 of 1938, sec. 9.

4. Second proviso omitted by Act 30 of 1995, sec. 10 (w.e.f. 1-10-1996), vide S.O. 677(E), dated 25th September, 1996.

5. Ins. by Act 15 of 1933, sec. 14.

22. Form of application..—

22. Form of application.—1[(1) Where an accident occurs in respect of which liability to pay compensation under this Act arises, a claim for such compensation may, subject to the provisions of this Act, be made before the Commissioner.

(1A) Subject to the provisions of sub-section (1), no application for the settlement] of any matter by Commissioner 2[other than an application by a dependant or dependants for compensation,] shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement.

(2) 3[An application to a Commissioner] may be made in such form and shall be accompanied by such fee, if any, as may be prescribed, and shall contain, in addition to any particulars which may be prescribed, the following particulars namely:—

(a) a concise statement of the circumstances in which the application is made and the relief or order which the applicant claims;

(b) in the case of a claim for compensation against an employer, the date of service of notice of the accident on the employer, and if such notice has not been served or has not been served in due time, the reason for such omission;

(c) the names and addresses of the parties; and

(d) 4[except in the case of an application by dependants for compensation] a concise statement of the matters on which agreement has and 5[of] those on which agreement has not been come to.

(3) If the applicant is illiterate or for any other reason is unable to furnish the required information in writing, the application shall, if the applicant so desires, be prepared under the direction of the Commissioner.

—————————–

1. Subs. by Act 30 of 1995, sec. 11, for “(1) No application for the settlement” (w.e.f. 15-9-1995).

2. Ins. by Act 15 of 1933, sec. 14.

3. Subs. by Act 15 of 1933, sec. 15, for “Where any such question has arisen, the application”.

4. Ins. by Act 15 of 1933, sec. 15.

5. Subs. by Act 37 of 1925, sec. 2 and Sch. I, for “on”.

22A. Power of Commissioner to require further deposit in cases of fatal accident.

1[22A. Power of Commissioner to require further deposit in cases of fatal accident.—(1) Where any sum has been deposited by an employer as compensation payable in respect of a workman whose injury has resulted in death, and in the opinion of the Commissioner such sum is insufficient, the Commissioner may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the notice.

(2) If the employer fails to show cause to the satisfaction of the Commissioner, the Commissioner may make an award determining the total amount payable, and requiring the employer to deposit the deficiency.]

—————————–

1. Ins. by Act 15 of 1933, sec. 16.

23. Powers and procedure of Commissioners.—

The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, 1[and the Commissioner shall be deemed to be a Civil Court for all the purposes of2[section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)]].

COMMENTS

Award of compensation by Workmen’s Compensation Commissioner

It is within the competence of the Workmen’s Compensation Commissioner and he is also bound to award compensation as prescribed under Schedule 4 read with sec. 4 (1) (a) of the Act even if heirs of deceased workman claim less compensation than prescribed under the Act and the Schedule; Mostt., Chhatiya Devi Gowalin v. Rup Lal Sao, 1978 Lab IC 1368: 1978 BLR 502; 1978 ACJ 481; 1978 BJR 622.

Principle of waive or acquiscence

 Even if the claimant has made a claim of lesser amount than due, his right to claim or the power of the Commissioner to enhance the compensation is neither waived nor curtailed since the principle of waive or a acquiscence has no application to such type of cases; Balavandra Patra v. Chief Engineer Orissa, 1987 (I) LLN 634; Mohd. Koya v. Balan, 1987 (I) LLN 353.

Refusal by Commissioner to record memorandum of agreement

Where it appears to the Commissioner that an agreement as to the payment of lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation to a workman or a person under a legal disability ought not to be registered because of inadequacy of the sum or amount or by reason of the agreement having been obtained by fraud or undue influence or other improper means, the Commissioner may refuse to record the memorandum of the agreement. He may pass such order including an order as to any sum already paid under the agreement, as he thinks just in the circumstances; Amarshi Jeram v. M/s. Hazarat and Co., AIR 1962 Guj 262: 1962 II LLJ 187.

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1. Added by Act 5 of 1929, sec. 5.

2. Subs. by Act 30 of 1995, sec. 12, for “section 195 and of Chapter xxxv of the Code of Criminal Procedure, 1898 (5 of 1890)” (w.e.f. 15-9-1995).

24. Appearance of parties.—

1[24. Appearance of parties.—Any appearance, application or act required to be made or done by any person before or to a Commissioner (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of such person by a legal practitioner or by an official of an Insurance Company or a registered Trade Union or by an Inspector appointed under sub-section (1) of section 8 of the Factories Act, 1948 (63 of 1948), or under sub-section (1) of section 5 of the Mines Act, 1952 (35 of 1952), or by any other officer specified by the State Government in this behalf, authorised in writing by such person, or with the permission of the Commissioner, by any other person so authorised.]

State Amendments

West Bengal.—After section 24, insert the following sections, namely:—

“24A. Reference of disputed medical questions to a medical referee.—(1) If any question arises in any proceedings under this Act pending before the Commissioner as to—

(a) the nature and extent of the permanent disablement of a workman, or

(b) the duration of his temporary disablement, or

(c) whether the incapacity of a workman is due to personal injury by accident, or

(d) whether a workman has contracted any occupational disease specified in Schedule III,

the question shall, in default of agreement , on the joint application of both parties or on the application of either party in the prescribed manner, and on payment in the prescribed manner by the parties, or the party making the application, as the case may be, of the prescribed fees and expenses, be referred by the Commissioner to a medical referee appointed by him in his discretion from amongst the medical practitioners included in the list prepared under section 24B:

Provided that where an application is made by only one of the parties, if the Commissioner is of the opinion that the question is one which ought not on account of the exceptional difficulty of the case or of any other sufficient reason be referred to a medical referee, he may after recording his reasons in writing reject the application:

Provided further that if the parties themselves jointly select any medical practitioner included in the said list for appointment as the medical referee, the Commissioner shall, on payment of the prescribed fees and expenses in the prescribed manner, appoint that medical practitioner:

Provided further that a medical practitioner whose services have been used for the medical treatment of an injury by accident to a workman, or of an occupational disease specified in Schedule III contracted by such workman, by or on behalf of such workman or his employer or by or on behalf of any insurers interested in any proceeding under this Act arising out of such injury or disease, shall not act as a medical referee in any proceedings under this Act in respect of such injury or disease.

(2) The Medical referee to whom such a reference is made under sub-section (1) shall, in accordance with the prescribed rules, require the workman to submit to a medical examination by him or under his personal direction and shall personally or with such medical assistance as he may deem necessary examine the workman medically and send to the Commissioner who has made the reference a report in respect of the question specifically mentioned in the order of reference.

(3) If a workman refuses to submit himself for medical examination by or under the personal direction of the medical referee to whom a reference has been made under this section, or if a workman in any way obstructs the medical examination by or under the personal direction of the medical referee the workman’s right to compensation under this Act and his right to continue any proceedings under this Act shall be suspended until such examination has taken place.

(4) In any proceedings under this Act in which evidence is recorded, the report of the medical referee shall as between the parties to the proceedings be conclusive proof of the facts related therein within the meaning of section 4 of the Indian Evidence Act, 1872:

Provided that such report shall not so be regarded as conclusive proof of the facts related therein if in the particular proceedings the Commissioner, either of his own motion or on application being made to him by either party, for reasons to be recorded by him in writing, deems it expedient in the interests of justice to allow the parties to adduce further evidence on such facts.

24B. List of qualified medical practitioners for appointment as medical referees.— The State Government shall prepare a list of qualified medical practitioners who may be appointed as medical referees under section 24A and shall publish the said list in the Official Gazette”.

[Vide Bengal Act 6 of 1942, sec. 4 (w.e.f. 19-11-1942).]

—————————–

1. Subs. by Act 8 of 1959, sec. 14, for section 24 (w.e.f. 1-6-1959).

25. Method of recording evidence.—

The Commissioner shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be written and signed by the Commissioner with his own hand and shall form part of the record:

Provided that, if the Commissioner is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record:

Provided further that the evidence of any medical witness shall be taken down as nearly as may be word for word.

26. Costs..—

All costs, incidental to any proceedings before a Commissioner shall, subject to rules made under this Act, be in the discretion of the Commissioner.

27. Power to submit cases.—

A Commissioner may, if he thinks fit, submit any question of law for the decision of the High Court and, if he does so, shall decide the question in conformity with such decision.

28. Registration of agreements.—

(1) Where the amount of any lamp sum payable as compensation has been settled by agreement whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable 1[to a woman, or a person under a legal disability] 2[***] a memorandum thereof shall be sent by the employer to the Commissioner, who shall, on being satisfied as to its genuineness, record the memorandum in a register in the prescribed manner:

Provided that—

(a) no such memorandum shall be recorded before seven days after communication by the Commissioner of notice to the parties concerned;

3[***]

 (c) the Commissioner may at any time rectify the register;

(d) where it appears to the Commissioner that an agreement as to the payment of a lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation payable, 1[to a woman or a person under a legal disability] 4[***] ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, he may refuse to record the memorandum of the agreement 5[and may make such order], including an order as to any sum already paid under the agreement, as he thinks just in the circumstances.

(2) An agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this Act notwithstanding anything contained in the Indian Contract Act, 1872 (9 of 1872), or in any other law for the time being in force.

COMMENTS

Receipt of payment of compensation has to be registered

Section 28 mandates that a receipt of payment of compensation has to be registered; Naggapattinam Import and Export Corporation v. K. Lakshmi, (1992) 65 FLR 928 (Mad).

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1. Subs. by Act 5 of 1929, sec. 6, for “to a person under a legal disability”.

2. The words “or to a dependant”, rep. by Act 7 of 1924, sec. 3 and Sch. II.

3. Clause (b) omitted by Act 5 of 1929, sec. 6.

4. The words “or to any dependant”, rep. by Act 7 of 1924, sec. 3 and Sch. II.

5. Subs. by Act 7 of 1924, sec. 2 and Sch. I, for “or may make such order”.

29. Effect of failure to register agreement.—

Where a memorandum of any agreement the registration of which is required by section 28, is not sent to the Commissioner as required by that section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this Act, and notwithstanding anything contained in the proviso to sub-section (1) of section 4, shall not, unless the Commissioner otherwise directs, be entitled to deduct more than half of any amount paid to the workman by way of compensation whether under the agreement or otherwise.

30. Appeals.—

(1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely:—

(a) an order as awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;

1[(aa) an order awarding interest or penalty under section 4A;]

(b) an order refusing to allow redemption of a half-monthly payment;

(c) an order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claim of a person alleging himself to be such dependant;

(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12; or

(e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions:

Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order such as is referred to in clause (b), unless the amount in dispute in the appeal is not less than three hundred rupees:

Provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement come to by the parties:

2[Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against.]

(2) The period of limitation for an appeal under this section shall be sixty days.

(3) The provisions of section 5 of 3[the Limitation Act, 1963 (36 of 1963)], shall be applicable to appeals under this section.

COMMENTS

Interference by High Court

In appeal under section 30, the High Court can interfere, if a party is able to prove that the findings are perverse in the sense that either of the findings are without any material on record or it is totally opposed to the material on record; T.S. Prabhu v. Bhavani Poojary, 2003 LLR 162 (Kant HC) 2003 LR 26.

Jurisdiction to entertain an appeal

The appellate court has no jurisdiction to entertain an appeal unless the same involves a substantial question of law; Nisan Springs (Pvt.) Ltd v. Om Jain, 1990 LLR 93 (MP).

Substantial question of law

(i) The mere difficulty of applying the facts to the law will not amount to a substantial question of law; Asmath Bedi (dead) v. Marlmuthu, 1990 LLR 450 (Mad).

(ii) An appeal against the order of the Compansation Commissioner lies only when a substantial question of law is involved; Mangala Ben v. Dalip Motwani, 1998 LLR 656.

(iii) Scope of section 30 of the Workmen’s Compensation Act for entertaining the appeal against the order passed by the Commissioner is very limited. The said section 30 very clearly provides that the award of the Commissioner passed under the aforesaid Act can be challenged in the ppeal where substantial question of law are involved; General Manager, C.C. Ltd. v. Bhim Yadav, 2003 LLR 574 (Jhk HC).

—————————–

1. Ins. by Act 8 of 1959, sec. 15 (w.e.f 1-6-1959).

2. Added by Act 15 of 1933, sec. 17

3. Subs. by Act 30 of 1995, sec. 13, for “the Indian Limitation Act, 1908 (9 of 1908)” (w.e.f. 15-9-1995).

30A. Withholding of certain payments pending decision of appeal.—

1[30A. Withholding of certain payments pending decision of appeal.—Where an employer makes an appeal under clause (a) of sub-section (1) of section 30, the Commissioner may, and if so directed by the High Court shall, pending the decision of the appeal, withhold payment of any sum in deposit with him.]

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1. Ins. by Act 15 of 1933, sec. 18.

31. Recovery.—

The Commissioner may recover as an arrear of land-revenue any amount payable by any person under this Act, whether under an agreement for the payment of compensation or otherwise, and the Commissioner shall be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890 (1 of 1890).

State Amendment

West Bengal.—After section 31, insert the following section, namely:—

“31A. Application of section 36 of Act XVIII of 1879 to touts in office of the Commissioner.—

(1) The provisions of section 36 of the Legal Practitioners Act, 1879, shall subject to the provisions of this section, be applicable, so far as may be, to the framing and publication of a list of touts to the exclusion of touts included in the list from the precincts of the Court of the Commissioner and to the arrest, detention, trial and punishment of such touts.

(2) A Commissioner shall, for the purposes of the said section 36, be deemed to be an authority referred to in sub-section (1) of that section.

(3) For the purposes of this section “tout” means—

(a) “tout” as defined in clause (a) of section 3 of the Legal Practitioners Act, 1879; or

(b) a person who habitually frequents the precincts of the Court of a Commissioner—

(i) for the purpose of procuring work as an agent under section 24, or

(ii) otherwise than as a party to or a witness in any proceedings before the Commissioner or as a bona fide agent appointed under section 24.”

[Vide Bengal Act 5 of 1942, sec. 12.]

32. Power of the State Government] to make rules.—

32. Power of the 1[State Government] to make rules.—(1) The 1[State Government] may make rules to carry out the purposes 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 subject 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 memoranda 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 applications for review of the same; 2[***].

3[***]

4[(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 10 A;5[***]

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

6[(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 occupational 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.]

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

State Amendment

West Bengal.—In section 32, in sub-section (2), after clause (f), insert the following clauses, namely:—

“(ff) for prescribing the procedure relating to the refence of medical questions to medical referees under sub-section (1) of section 24A;

 (ff-1) for regulating the procedure relating to the medical examination of a workman by or under the personal direction of a medical referee and the submission of the report of such medical referee, under sub-section (2) of section 24A;

(ff-2) for prescribing and determining the fees and expenses payable in connection with references of medical questions to medical referees under sub-section (1) of section 24A.”

[Vide Bengal Act 6 of 1942, sec. 5 (w.e.f. 19-11-1942).]

—————————–

1. The words “G.G. in C.” successively substituted by the A.O. 1937 and the A.O. 1950 to read as above.

 2. The word “and” omitted by the A.O. 1937

3. Clause (i) omitted by A.O. 1937.

4. Clauses (a) to (f) of section 33 after being re-lettered as clauses (i) to (n) respectively were added to sec. 32 by A.O. 1937.

5. The word “and” ins. by A.O. 1937 and omitted by Act 58 of 1960, sec. 3 and Sch. II.

6. Ins. by Act 8 of 1959, sec. 16 (w.e.f. 1-6-1959).

7. Ins. by Act 4 of 1986, sec. 2 and Sch. II (w.e.f. 15-5-1986).

33. Power of Local Government to make rules.

33. Power of Local Government to make rules.—[Rep. by the A.O. 1937.]

34. Publication of rules.—

(1) The power to make rules conferred by 1[section 32] shall be subject to the condition of the rules being made after previous publication.

(2) 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 2[***] will be taken into consideration, shall not be less than three months from the date on which the draft of the proposed rules was published for general information.

(3) Rules so made shall be published in 3[***] the Official Gazette 4[***], and on such publication, shall have effect as if enacted in this Act.

—————————–

1. Subs. by the A.O. 1937, for “sections 32 and 33”.

2. The words and figures “or section 33” omitted by the A.O. of 1937.

3. The words “the Gazette of India or” omitted by the A.O. of 1937.

4. The words “as the case may be” omitted by the A.O. of 1937.

35. Rules to give effect to arrangements with other countries for the transfer of money paid as compensation.—

1[35. Rules to give effect to arrangements with other countries for the transfer of money paid as compensation.—2[(1)] The Central Government may, by notification in the Official Gazette, make rules for the transfer 3[***] 4[to any foreign country] of money 5[deposited with] a Commissioner under this Act 6[which has been awarded to or may be due to], any person residing or about to reside in 7[8[such foreign country]] and for the receipt 9[, distribution ] and administration in 10[any State] of any money 11[deposited] under the law relating to workmen’s compensation 12[***] 13[***] 4[in any foreign country,] 14[which has been awarded to, or may be due to] any person residing or about to reside in 10[any State]:]

15[Provided that no sum deposited under this Act in respect of fatal accidents shall be so transferred without the consent of the employer concerned under 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.]

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1. Ins. by Act 15 of 1933, sec. 20.

2. Section 35 re-numbered as sub-section (1) of that section by Act 7 of 1937, sec. 2.

3. The words and letter “to any Part B State or” omitted by Act 3 of 1951, sec. 3 and Sch.

4. Subs. by Act 22 of 1984, sec. 5, for certain words (w.e.f. 1-7-1984).

5. Subs. by Act 7 of 1937, sec. 2, for “paid to”.

 6. Subs. by Act 7 of 1937, sec. 2, for “for the benefit of”.

7. Subs. by Act 3 of 1951, sec. 3, and Sch., for “such State, part or country”.

8. Subs. by Act 22 of 1984, sec. 5, for “such part or country” (w.e.f. 1-7-1984).

9. Ins. by Act 7 of 1937, sec. 2.

10. Subs. by Act 3 of 1951, sec. 3, and Sch., for “a Part A State or Part C State”.

11. Subs. by Act 7 of 1937, sec. 2, for “awarded”.

12. The words and letter “in any Part B State” omitted by Act 3 of 1951, sec. 3 and Sch.

13. The word “or” omitted by Act 36 of 1957, sec. 3 and Sch. II.

14. Subs. by Act 7 of 1937, sec. 2, for “and applicable for the benefit of”.

15. Added by Act 7 of 1937, sec. 2.

36. Rules made by Central Government to be laid before Parliament.—

1[36. Rules made by Central Government to be laid before Parliament.— 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 2[two or more successive sessions, and if, before the expiry of the session immediately following the session or 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.]

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1. Ins. by Act 64 of 1962, sec. 8 (w.e.f. 1-2-1963).

2. Subs. by Act 65 of 1976, sec. 3, for certain words (w.e.f. 21-5-1976).

SCHEDULE I—

 1[SCHEDULE I
[See sections 2(1) and (4)]
2[PART I
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT
TOTAL DISABLEMENT]

Serial No.Description of InjuryPercentage of
loss of earning
capacity
1.Loss of both hands or amputation at higher sites100
2.Loss of a hand and a foot100
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 disfigurement100
6.Absolute deafness100

                                                                        3[PART II

LIST OF INJURIES DEEMED TO RESULT IN PERMANENT

PARTIAL DISABLEMENT]

Serial No.Description of InjuryPercentage of
loss of earning
capacity
Amputation cases—upper limbs (either arm)
41.Amputation through shoulder joint90
42.Amputation below shoulder with stump less than 3[20.32 Cms.]
from tip of acromion
80
43.Amputation form 5[20.32 Cms.] from tip of acromion to less than
6[11.43 Cms.] below tip of olecranon
70
44.Loss of a hand or of the thumb and four fingers of one hand or
amputation from 6[11.43 Cms.] below tip of olecranon
60
45.Loss of thumb30
46.Loss of thumb and its metacarpal bone40
47.Loss of four fingers of one hand50
48.Loss of Three fingers of one hand30
49.Loss of two fingers of one hand20
410.Loss of terminal phalanx of thumb20
710A.Guillotine amputation of tip of thumb without loss of bone10

1. Subs. by Act 8 of 1959, sec. 17, for the Schedule (w.e.f. 1-6-1959).

2. Subs by Act 64 of 1962, sec. 9, for the heading “LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT” (w.e.f. 1-2-1963).

3. Ins. by Act 64 of 1962, sec. 9 (w.e.f. 1-2-1963).

4. Entries 7 to 54 re-numbered as 1 to 48 by Act 64 of 1962, sec. 9 (w.e.f. 1-2-1963).

5. Subs. by Act 30 of 1995, sec. 14, for “8″ ” (w.e.f. 15-9-1995).

6. Subs. by Act 30 of 1995, sec. 14, for “4½” ” (w.e.f. 15-9-1995).

 Serial No.Description of InjuryPercentage of
loss of earning
capacity
Amputation cases—lower limbs
111.Amputation of both feet resulting in end bearing stumps .90
112.Amputation through both feet proximal to the metatarsophalangeal joint80
113.Loss of all toes of both feet through the metatarso-phalangeal joint40
114.Loss of all toes of both feet proximal to the roximal interphalangeal joint30
115.Loss of all toes of both feet distal to the proximal inter-phalangeal joint20
116.Amputation at hip90
117.Amputation below hip with stump not exceeding 2[12.70 Cms.] in length measured from tip of greats trenchanter80
118.Amputation below hip with stump exceeding 2[12.70 Cms.] in length measured from tip of great trenchanter but not beyond middle thigh70
119.Amputation below middle thigh to 3[8.89 Cms.] below knee60
120.Amputation below knee with stump exceeding 3[8.89 Cms.] but not exceeding 2[12.70 Cms.]50
121.Amputation below knee with stump exceeding 2[12.70 Cms]50
122.Amputation of one foot resulting in end bearing50
123.Amputation through on foot proximal to the metatarsophalangeal joint50
124.Loss of all toes of one foot through the metatarso-phalangeal joint20
Other injuries
125.Loss of one eye, without complications, the other being normal40
126.Loss of vision of one eye, without complications or disfigurement of eye-ball, the other being normal30
626A.Loss of partial vision of one eye10
A—Fingers of right or left hand Index finger
127.Whole14
128.Two phalanges11
129.One phalanx09
130.Guillotine amputation of time without loss of bone.05

1. Entries 7 to 54 re-numbered as 1 to 48 by Act 64 of 1962, sec. 9 (w.e.f. 1-2-1963).

2. Subs. by Act 30 of 1995, sec. 14, for “5″ ” (w.e.f. 15-9-1995).

3. Subs. by Act 30 of 1995, sec. 14, for “3½” ” (w.e.f. 15-9-1995).

4. Subs. by Act 30 of 1995, sec. 14 for “40” (w.e.f. 15-9-1995).

5. Subs. by Act 30 of 1995, sec. 14, for “30″ ” (w.e.f. 15-9-1995).

6. Ins. by Act 30 of 1995, sec. 14 (w.e.f. 15-9-1995).

Serial No.Description of InjuryPercentage of
loss of earning
capacity
Middle finger
131.Amputation of both feet resulting in end bearing stumps .12
132.Amputation through both feet proximal to the metatarsophalangeal joint09
133.Loss of all toes of both feet through the metatarso-phalangeal joint07
134.Loss of all toes of both feet proximal to the roximal interphalangeal joint04
Ring or little finger
135.Loss of all toes of both feet distal to the proximal inter-phalangeal joint07
136.Amputation at hip06
137.Amputation below hip with stump not exceeding 2[12.70 Cms.] in length measured from tip of greats trenchanter05
138.Amputation below hip with stump exceeding 2[12.70 Cms.] in length measured from tip of great trenchanter but not beyond middle thigh02
B—Toes of right or left foot Great toe
139.Amputation below middle thigh to 3[8.89 Cms.] below knee14
140.Amputation below knee with stump exceeding 3[8.89 Cms.] but not exceeding 2[12.70 Cms.]03
Any other toe
141.Amputation below knee with stump exceeding 2[12.70 Cms]03
142.Amputation of one foot resulting in end bearing01
Two toes of one foot, excluding great toe
143.Amputation through on foot proximal to the metatarsophalangeal joint05
144.Loss of all toes of one foot through the metatarso-phalangeal joint02
Three toes of one foot, excluding great toe
145.Loss of one eye, without complications, the other being normal06
146.Loss of vision of one eye, without complications or disfigurement of eye-ball, the other being normal03
Four toes of one foot, excluding great toe
147.Loss of partial vision of one eye09
248.Whole03

 2[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.]

 ____________________

1. Entries 7 to 54 re-numbered as 1 to 48 by Act 64 of 1962, sec. 9 (w.e.f. 1-2-1963).

2. Added by Act 58 of 1960, sec. 3 and Sch. II (w.e.f. 26-12-1960).

SCHEDULE II—

                                                                 SCHEDULE II

[See 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[2[(i) employed, otherwise than in a clerical capacity or on a railway, in connection with the operation 3[, 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

(ii) employed, otherwise than in a 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 incidental to or connected with any such manufacturing process or with the article made, 4[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

(iii) 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 precincts whereof twenty or more persons are so employed; 5[***]

6[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]

State Amendment

Tamil Nadu.—In Schedule II, after clause (iii), insert the following clause, namely:—

“(iii-a) 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 place where in steam, water or other mechanical power or electrical power is not used if the State Government have by notification in the Official Gazette, under section 85 of the Factories Act, 1948, declared that all or any of the provisions of that Act shall apply to such place.”

[Vide St. George Gazette, Pt. II, sec. 1, p. 4, dated 2nd January, 1963.]

(iv) employed in the manufacture or handling of explosives in connection with the employer’s trade or business; or

(v) 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 of work whatsoever below ground; or

(vi) 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 or 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 tons 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

(vii) 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 port subject to 7[the Ports Act, 1908 (15 of 1908), or the Major Port Trusts Act, 1963 (38 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 caisoons when vessels are entering or leaving dry docks; or

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

(f) preparing splicing coir springs and check wires, painting depth marks on locksides, 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 ships line to the wharf; or

(viii) 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 storey 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

(ix) 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]

(x) employed, otherwise than in a clerical capacity, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or

(xi) employed in the service of any fire brigade; or

(xii) employed upon a railway as defined in 8[clause (31) of section 2 and sub-section (1) of section 197 of the Railways Act, 1989 (24 of 1989)], either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or

(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service 9[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]

(xiv) employed, otherwise than in a clerical capacity, in connection with operation for winning natural petroleum or natural gas; or

(xv) employed in any occupation involving blasting operations; or

(xvi) employed in the making of any excavation in which on any one day of the preceding twelve months more than 10[twenty-five] persons have been employed or explosives have been used, or whose depth from its highest to its lowest point exceeds 11[twelve] feet; or

(xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or

(xviii) employed, otherwise than in a clerical capacity, on any estate which is maintained for the purpose of growing 12[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

State Amendment

Kerala.—In Schedule II, in clause (xviii),—

(i) between the words “Coffee,” and “rubber” insert the word “cardamom,”.

[Vide Kerala Gazette, Pt. I, G. 874, dated 14th March, 1961.]

(ii) after the words “cardamom, cinchona, coffee, rubber or tea” insert the words “eucalyptus, orange or teak and also any plantations maintained by any Department of the State Government.”

(iii) between the words “rubber” and “tea” omit the word “or”.

[Vide Kerala Gazette, Pt. I, p. 490, dated 27th August, 1968.]

13[(xix) 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]

(xx) employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse, Act 1927 (17 of 1927); or

(xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or

(xxii) employed in the training, keeping or working of elephants or wild animals; or

14[(xxiii) 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 of forests fires; or]

State Amendment

Maharashtra.—In Schedule II, after item (xxiii), insert the following sub-item, namely:—

“(a) employed in the process of climbing coconut trees for plucking coconut; or”.

[Vide Notification No. WCA. 1098 (410) LAB-I, dated 6th February, 2004.]

(xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or

15[(xxv)] employed as a diver; 16[or]

(xxvi) 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 17[fifty] or more person have been so employed; or

(xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contact with radioactive substances;] 18or]

(xxviii) 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

(xxix) 19[employed in horticultural operations, forestry, bee-keeping or farming] by tractors or other contrivances driven by steam or other mechanical power or by electricity; or

State Amendment

Punjab.—In Schedule II, after clause (xxix), insert the following clauses, namely:—

“(xxix-a) employed in clearing 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; or

(xxix-b) employed in the cultivation of land or rearing and maintenance of livestock or forest operation or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or

(xxix-c) employed, otherwise than in clerical capacity in installation, maintenance, repair pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes streams, etc., or

 (xxix-d) employed, otherwise than in clerical capacity in the construction, boring or deepening of an open well or dugwell through mechanical contrivances; or

(xxix-e) employed, otherwise than in clerical capacity in the construction, working repair or maintenance of a bore well, bore-cum-dugwell, filter point; or

(xxix-f) employed in spraying and dusting of insecticides or pesticides in agricultural operations or plantations; or

(xxix-g) employed in working or repair or maintenance of bulldozers, tractors, power-tillers, etc.; or”.

[Vide Punjab Government Gazette, Pt. III (LS), p. 385, dated 3rd June, 1977.]

(xxx) employed, otherwise than in a clerical capacity, in the construction, working, repair or maintenance of a tube-well; or

(xxxi) employed in the maintenance, repair or renewal of electric fittings in a building; or

(xxxii) employed in a circus.

State Amendment

Kerala.—In Schedule II, after clause (xxxii), insert the following clauses, namely:—

(i) after item xxxii-B, insert the following entries, namely:—

“(xxxii-C) employed in water transport using valloms;”

 [Vide Kerala Gazette, Pt. I, p. 298, dated 19th May, 1964.]

 (ii) after item (xxxii-C), insert the following item, namely:—

“(xxxii-D) employed in cattle breeding;”

[Vide Kerala Gazette, Pt. I, p. 62, dated 2nd February, 1965.]

(iii) after item (xxxii-D), insert the following item, namely:—

“(xxxii-E) employed in handling animals in the Veterinary Institutions;”

[Vide Kerala Gazette, Pt. I, p. 561, dated 19th October, 1965.]

(iv) (xxxii-G) employed in spraying insecticides in paddy fields, plantations;”

[Vide Kerala Gazette, Pt. I, (No. 31), G. 1264, dated 31st July, 1973.]

“(xxxii-H) employed in clearing of jungles or reclaiming land or ponds;”

“(xxxii-I) employed in cultivation of land, or rearing and maintenance of livestock, or forest operations, or fishing;”

“(xxxii-J) employed, otherwise than in a clerical capacity, in installation, maintenance, repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams;”.

“(xxxii-K) employed otherwise than in clerical capacity in the construction, boring or deepening of an open well dug well through mechanical contrivances;”

“(xxxii-L) employed otherwise than in a clerical capacity, in the construction, working, repair or maintenance of bore well, bore-cum-dug-well, filter points;”

“(xxxii-M) employed in operation or repair or maintenance of bulldozers, tractors, powers tillers;”

[Vide Kerala Gazette, Pt. I, Sec. (iv), p. 1, G. 2173, dated 13th December, 1977.]

“(xxxii-N) employed in any sewage farm in planting, irrigating or harvesting of fodder grass or in diverting of sewage water or in cleaning of main channel or sub-carriers;”

[Vide Kerala Gazette, Pt. I, Sec. (iv), p. 1, G. 1457, dated 9th November, 1982.]

“(xxxii-O) employed in cleaning of sewers or septic tanks by any Local Authority;”

[Vide Kerala Gazette, Pt. I, sec. (iv) p. 1, G. 253, dated 31st May, 1988.]

“(xxxii)—employment as Farm Workers in Government Agricultural Farms;”

[Vide Kerala Gazette, Extra., p. 1, (No. 83), dated 27th January, 1990.]

(i) the existing item “(xxxii-o) employed in cleaning of sewers or septic tanks by any local authority” shall be renumbered as item (xxxii-P).

(ii) after item (xxxii-P) as so renumbered, the following item shall be added, namely:—

“(xxxii-Q) employed otherwise than in a clerical capacity in brick kiln industry”

(iii) the existing item “(xxxii-S) employed as farm workers in Government agricultural farms” shall be renumbered as item (xxxii-R).

(iv) the existing item “(xxxiii) Parathozhilalikal employed in the occupation of breaking of rock and stones in quarries” shall be renumbered as XXXII-S.

(v) after item (xxxii-S) as so renumbered, the following item shall be added , namely:—

“(xxxii-T) Employed in Kakkavaral and works connected or incidental thereto.”

[Vide Kerala Gazette, Extra., p. 1 (No. 1125), dated 5th November, 1953.]

[Ed.—Items (xxxii-A), (xxxii-B) and (xxxii-F) as added are not traceable. Hence not given.]

20[(xxxiii) employed as watchman in any factory or establishment; or

(xxxiv) employed in any operation in the sea for catching fish; or

(xxxv) 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 insect; or

(xxxvi) employed in handling animals like horses, mules and bulls; or

(xxxvii) 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; or

(xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or

(xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration; or

(xl) 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; or

(xli) 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; or

(xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or

(xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter point and the like; or

(xliv) employed in spraying and dusting or insecticides of pesticides in agricultural operations or plantations; or

(xlv) employed in mechanised harvesting and threshing operations; or

(xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or

(xlvii) employed as artist for drawing pictures on advertisement boards at a height of 3.66 metres or more from the ground level; or

(xlviii) employed in any newspaper establishment as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and engaged in outdoor work;]

21[(xlix) employed as divers for work under water.]

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.]

State Amendment

Andhra Pradesh.—In Schedule II, after clause (xxxii), insert the following clause, namely:—

“(xxxiii) employed otherwise than a clerical capacity in the conduct of survey in river valley including collection of date relating to the river;”

[Vide Andhra Pradesh Gazette, Pt. I, p. 1850, dated 10th October, 1968.]

Assam.—Same as in Andhra Pradesh.

[Vide Assam Gazette, Pt. II A, p. 999, dated 24th May, 1972.]

Bihar.—Same as in Andhra Pradesh.

[Vide Bihar Gazette, Pt. II, p. 5, dated 1st January, 1969.]

Delhi.—Same as in Andhra Pradesh.

[Vide Delhi Gazette, Pt. IV, p. 415 (No. 28), dated 8th July, 1976.]

Goa.—Same as in Andhra Pradesh.

[Vide Goa Government Gazette, Sec. I. No. 40, p. 693, dated 2nd January, 1975.]

Haryana.—Same as in Andhra Pradesh.

[Vide Haryana Gazette, Extra., Pt. III (L.S.), p. 359, dated 6th August 1968.]

Karnataka.—Same as in Andhra Pradesh.

[Vide Mysore Gazette, Pt. IV, Sec. 2C (ii), p. 2249, dated 15th May, 1969.]

Kerala.—Same as in Andhra Pradesh.

[Vide Kerala Gazette, Pt. I, p. 616, dated 30th December, 1969.]

Madhya Pradesh.—Same as in Andhra Pradesh.

[Vide Madhya Pradesh Gazette, Pt. I, p. 270, dated 20th February, 1970.]

Maharashtra.—Same as in Andhra Pradesh.

[Vide Maharashtra Gazette, Pt. I-L, p. 2908, dated 12th June 1969.]

Orissa.—Same as in Andhra Pradesh.

[Vide Orissa Gazette, Pt. III, p. 1024, dated 7th November, 1969.]

Punjab.—Same as in Andhra Pradesh.

[Vide Punjab Gazette, Pt. III (L.S.), dated 5th September, 1969.]

Rajashtan.—Same as in Andhra Pradesh.

[Vide Rajashtan Gazette, Extra., Pt. IV (Ga), p. 13, dated 27th April 1970.]

Uttar Pradesh.—Same as in Andhra Pradesh.

[Vide Uttar Pradesh Gazette, Pt. I, p. 2676, dated 20th June, 1970.]

Andhra Pradesh.—In Schedule, II, after clause (xxxix), insert the following clauses, namely:—

“(xl) employed in cook houses, messes, bakeries or catering establishments in which food for over 30 persons is prepared or more than 200 loaves of bread per day are prepared or training to at least 10 cooks caterers is imparted at any time.

(xli) 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 insects or animals.

(xlii) employed in training, keeping or working with animals like horses, mules, bulls, etc.

(xliii) employed in cleaning of sewers or septic tanks within the limits of a local authority.

(xliv) employed in any operation in the sea for catching of fish.”

[Vide Andhra Pradesh Gazette, Pt. I, p. 167, dated 23rd February, 1989.]

[Vide Andhra Pradesh Gazette, Pt. I, p. 995, dated 16th November, 1995.]

Assam.—In Schedule II, following persons have been included, namely:—

“(1) Sweepers,

(2) Scavengers.”

[Vide Assam Gazette, Pt. II A, p. 1851, dated 12th May, 1970.]

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

(i) employed in clearing 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;

(ii) employed in cultivation of land or rearing and maintenance of livestock or forest operation or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

(iii) employed, other than in clerical capacity, in installation, maintenance, repair of pumping equipment used for lifting of water from wells, tube-wells, ponds lakes, streams, etc.;

(iv) employed, otherwise than in clerical capacity in the construction, boring or deepening of an open well/dug-well through mechanical contrivances;

(v) employed otherwise than in clerical capacity in the construction, working, repair or maintenance of a bore well, bore-cum-dug-well, filter point, etc.;

(vi) employed in spraying and dusting of insecticides or pesticides in agricultural operation;

(vii) employed in working of repair or maintenance of bulldozers, tractors, power-tillers, power threshers, etc.

[Vide Assam Gazette, Pt. II A, p. 1284, dated 13th March, 1977.]

Bihar.—In Schedule II, the following classes of persons have been added:—

(a) employed in clearing of jungles or reclaiming land or ponds in which during the preceding twelve months more than twenty-five persons have generally been employed;

(b) employed in cultivation of land or rearing and maintenance of livestock or forest operations or fishing in which during the preceding twelve months more than twenty-five persons have generally been employed;

(c) employed, otherwise than in clerical capacity, in installation, maintenance or repair of pumping equipments used for lifting of water from wells, tube-wells, ponds, lakes, streams, etc. in which during the preceding twelve months more than twenty-five persons have generally been employed;

(d) employed otherwise than in clerical capacity, in the construction, boring or deepening of an open well/dug-well through mechanical contrivances in which during the preceding twelve months more than twenty-five persons have generally been employed;

(e) employed otherwise than in clerical capacity in the construction, working, repair or maintenance of a bore-well, bore-cum-dug-well filter point, etc. in which during the preceding twelve months more than twenty-five persons have generally been employed;

(f) employed in spraying and dusting of insecticides or pesticides in agricultural operation or plantations in which during the preceding twelve months more than twenty-five persons have generally been employed;

(g) employed in working or repair or maintenance of bulldozers, tractors, power-tillers, etc., in which during the preceding twelve-months more than twenty-five persons have generally been employed.

[Vide Bihar Gazette, Extra., p. 2, dated 31st October, 1977.]

(xxxiii) employed in Cooking Houses, Messes, Bakeries or Catering establishments in which food for over 50 persons is prepared or more than 200 loaves of bread are prepared every day or training to at least 10 cooks/caterers is imparted at any time;

(xxxiv) employed in any employment in which workmen are exposed to low temperature conditions while working in high altitude;

(xxxv) 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 insect or animal;

(xxxvi) employed in training; keeping or working with animals like horses, mules, bulls, etc.;

(xxxvii) employed in clearing of sewers or septic tanks within the limits of a local authority;

(xxxviii) employed in horticultural operation;

(xxxix) persons employed on surveys and investigation including drilling operations, Hydrological observations and flood forecasting activities, Ground matter surveys and exploration.

[Vide Bihar Gazette II, Pt. I, p. 369.]

Delhi.—In Schedule II, after clause (xxxii), insert the following clauses, namely:—

(xxxiii) employed in cook houses, messes, bakeries or catering establishments in which food for over fifty person, is prepared or more than two hundred loaves of bread per day are prepared or training to at least ten cooks or caterers is imparted at any time;

(xxxiv) employed in the training, keeping or working with animals, like horses, mules, bulls etc.;

(xxxv) employed in cleaning of sewers or septic-tanks within the limits of a local authority;

(xxxvi) employed in horticultural operations;

(xxxvii) 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 insects or animals.

[Vide Delhi Gazette, Pt. IV, p. 1 (No. 34), dated 5th March, 1990.]

(xxxviii) Persons employed on surveys and investigation, including drilling operations, hydrological observation and flood forecasting activities, ground water surveys and exploration.”

[Vide Delhi Gazette, Extra., p. 5 (No. 13), dated 24th January, 1991.]

Goa.—In Schedule II, after clause (xxxii), insert the following clauses, namely:—

“(xxxiii) employed in clearing 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;

(xxxiv) 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;

(xxxv) employed, otherwise than in clerical capacity, in the installation, maintenance, repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams, etc.;

(xxxvi) employed, otherwise than in clerical capacity, in the construction, boring or deepening of an open well/dug well through mechanical contrivances;

(xxxvii) employed, otherwise than in clerical capacity, in the construction, working, repairs, or maintenance of a bore-well, bore-cum-dug-well, filter point, etc.;

(xxxviii) employed in spraying and dusting of insecticides or pesticides in agricultural operation/or plantation;

(xxxix) employed in working or repairs or maintenance of bulldozers, tractors power-tillers, etc.”

[Vide Gazette of Goa, Daman and Diu, Series 1 No. 46, page 387, dated 11th February, 1982.]

Himachal Pradesh.—In its application to the State of Himachal Pradesh, items (i) to (vi) are practically the same as items (xxix-a) to (xxix-f) except that there is no corresponding to item (xxixg) in Punjab. Secondly for the word “twenty-five” in items (xxix-a) and (xxix-b) in Punjab, in the words “fifteen” have been used in items (i) and (ii) in H.P. [for Punjab amendment, see under item (xxix).]

 [Vide Himachal Pradesh Gazette, Extra., p. 1203, dated 16th November, 1983.]

Jammu and Kashmir.—In Schedule, II, after clause (xxxv) insert the following clause, namely:—

“(xxxvi) persons employed in surveys and investigation including drilling operations hydrological observations and flood forecasting activities and ground water surveys and exploration”

[Vide Jammu and Kashmir Gazette, Extra., Pt. IB, p. 1 (33-G), dated 18th November, 1991.]

Karnataka.—In Schedule II, after clause (xxxii) insert the following clause, namely:—

“(xxxiii) employed in any operation in the sea for catching fish;”

[Vide Karnataka Gazette, Extra., Pt. IV, Sec. 2C(ii), p. 1 (No. 874), dated 28th November, 1981.]

(ii) After clause (xxxiii), insert the following clause, namely:—

“Clauses (xxxiv) to (xxxix)”—same as clause (xxxiii) to (xxxix) in Goa.

[Vide Karnataka Gazette, Extra., Pt. IV, Sec. 2C(ii), p. 1 (No. 876), dated 3rd December, 1981.]

[Ed.—It seems that item (xxxiii) is inserted twice an having different text in Goa and Karnataka.]

“(xl) persons employed on surveys and investigation including drilling operation, hydrological observations and flood forecasting activities, ground water surveys and exploration.”

[Vide Karnataka Gazette, Extra., Pt. IV, Sec. 2C(ii), p. 2, dated 7th February, 1992.]

“(xli) persons employed to any Newpaper establishment as defined in Working Journalists (Conditions of Service and Miscellaneous Provision) Act, 1955, (Central Act 45 of 1955) and engaged in outdoor duties.”—Karnataka Gazette

26-11-92, Pt. IV, Sec. 2C (ii), p. 3607.

Madhya Pradesh.—In Schedule II, after clause (xxxiii), insert the following clauses, namely:—

“(xxxiv) persons employed on survey and investigations including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration.”—M.P. Gaz., 26-6-92, Pt. I, p. 1903.

(xxxv) persons employed in the outdoor duties in a Newspapers Establishments as defined in the Working Journalists, and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955;”

[Vide Madhya Pradesh Gazette, Pt. I, p. 2794, dated 10th December, 1993.]

Orissa.—In Schedule II, after clause (xxxiii), insert the following clauses, namely:—

(xxxiv) employed in clearing of jungles or reclaiming lands or ponds in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or

(xxxv) employed in cultivation of land or in rearing and maintenance of livestock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or

(xxxvi) employed, otherwise than in clerical capacity, in installation, maintenance, repair of pumping equipment used for lifting of water from wells, tubewells, ponds, lakes, streams etc.; or

(xxxvii) employed, otherwise than in clerical capacity, in the construction, boring or deepening of an open well/dug-well through mechanical contrivances; or

(xxxviii) employed, otherwise than in clerical capacity, in the construction, working, repair or maintenance of a bore well bore-cum-dug-well, filter point, etc.; or

(xxxix) employed in spraying and dusting of insecticides or pesticides in agricultural operation/or plantation; or

(xi) employed in working or repair or maintenance of bulldozers, tractors, power-tillers, etc., or

(xli) employed in making, clearing compost; or

(xlii) employed in inter-cultural operation; or

(xliii) employed in harvesting operation; or

(xliv) employed in threshing operation.—See Orissa Gaz., 23-3-1979, Pt. III, p. 63.

(li) Employed in cook-houses, messes, bakeries of catering establishments in which food for over 50 persons is prepared or more than 200 loaves of bread per day are prepared or training to at least 10 cooks/caterers is imparted at any time.

(lii) Employed in any employment in which workmen are exposed to low temperature condition, while working in high altitude.

(liii) Employed in any employment which required handling of snakes for the purpose of extraction of vanom or for the purpose of looking after snakes or handling any other poisonous insect or animal.

(liv) Employed in training, keeping or working with animals like horses, mules, bulls etc.

(lv) Employed in clearing of sewers or septic tanks within the limits of a local authority.

(lvi) Employed in horticultural operations.

(lvii) Employed in sea fishing.

(lviii) Employed in any newspaper establishment as defined in Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955 and engaged in outdoor duties.

(lix) Employed in surveys and investigations, including drilling operations, hydrological observations and flood forecasting activities, ground-water surveys and exploration.—Orissa Gazette 24-4-93, Ext., p. 1 (No. 543).

Pondicherry.—In Schedule II, after clause (xxxii), insert the following clauses, namely:—

“(xxxiii) employed, otherwise than in clerical capacity in the construction, working, repair or maintenance of a bore-well, bore-cum-dug-well, filter point; or

(xxxiv) employed, in spraying and dusting of insecticides or pesticides in agricultural operation or plantation.”

[Vide Pondicherry, Gazette, p. 308, dated 15th March, 1977.]

“(xxxv) employed in fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed.”

[Vide Pondicherry, Gazette, p. 820 (No. 41), dated 13th October, 1981.]

Punjab.—In Schedule II, after clause (xxxvi), insert the following clauses, namely:—

“(xxxvii) employed on surveys and investigation, including, drilling operations, hydrological observations, flood forecasting activities, ground water surveys and exploration;”

[Vide Punjab Gazette, Pt. III (L.S.), p. 487, dated 23rd September, 1994.]

“(xxxviii) employed in any newspapers establishments as defined in the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, and engaged in out-door duties;”

[Vide Punjab Gazette, Pt. III (L.S.), p. 489, dated 23rd September, 1994.]

Tamil Nadu.—In Schedule II, after clause (xxxii) insert the following clauses, namely:—

(i) “(xxxiii) employed in any occupation involving indoor or outdoor work in the service of the Highways Research Station and its Laboratories.”—Ft. St. Geo. Gazette, 3-8-66, Pt. II, sec. 1, p. 1360;

(ii) (xxxiv) employed otherwise than in a clerical capacity in the conduct of surveys in river valleys including collection of data relating to the river.”—Ft. St. Geo. Gazette, 19-2-1969, Pt. II, sec. 1, p. 104.

(iii) (xxxv) employed as a sweeper or scavenger under a local authority.—T.N. Government Gazette, 14-11-73, Pt. II, sec. 1, p. 584.

(iv) (xxxvi) employed in any operations in the Sea for catching fish.—T.N. Government Gazette, 10-3-82, Pt. II, sec. 2, p. 156.

(v) (xxxvii) employed in clearing of jungles or reclaiming land or ponds in which in any one day of the preceding twelve months more than twenty-five persons have been employed;

(xxxviii) employed in cultivation of land or rearing and maintenance of livestock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

(xxxix) employed otherwise than in clerical capacity in installation, maintenance, repair of pumping equipment used for lifting of water from wells, tube-wells ponds, lakes streams etc.;

(xl) employed, otherwise than in the clerical capacity, in the construction, boring or deepening of an open well/dug well through mechanical contrivances;

(xli) employed, otherwise than in clerical capacity, in the construction, working repair or maintenance of a bore well, bore-cum-dug well, filter point etc.’

(xlii) employed in spraying and dusting of insecticides or pesticides in agricultural operation or plantations;

(xliii) employed in working or repair or maintenance of bulldozers, tractors, power-tillers, etc.;

(xliv) employed in climbing tall trees;

(xlv) employed in baling water from wells;

(xlvi) employed in crushing sugarcane;”

[Vide Tamil Nadu Government Gazette, Pt. II, Sec. 2, pp. 619, 620, dated 23rd September, 1981.]

“(xlvii) employed in cook houses, messees, bakeries or catering establishments in which food for over 50 persons is prepared or more than 200 loaves of bread per day are prepared or training to at least 10 cooks/caterers is imparted at any time;

(xlviii) employed in any employment in which workmen are exposed to low temperature condition, while working in high altitude;

(xlix) 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 insect or animal;

(l) employed in training, keeping or working with animals likes horses, mules, bulls, etc.;

(li) employed in cleaning of sewers or septic tanks within the limits of a local authority;

(lii) employed in horticultural operation;”

[Vide Tamil Nadu Government Gazette, Pt. II, Sec. 2, p. 580, dated 5th August, 1987.]

“(liii) employed in any newspaper establishment as defined in the Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions Act, 1955 (Central Act 45 of 1955), and engaged in outdoor duties.”

[Vide Tamil Nadu Gazette, Pt. II, Sec. 2, p. 232, dated 9th March, 1994.]

Tripura.—Following employments are added for payments of compensation for injuries in Parts I and II:—

(i) employed in clearing of jungles or reclaiming land and pounds in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

(ii) employed in cultivation of land or rearing and maintenance of livestock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

(iii) employed, otherwise than in clerical capacity, in installation, maintenance, repair or pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams etc.;

(iv) employed, otherwise than in clerical capacity in the construction, boring deepening of an open well/dug well through mechanical contrivances;

(v) employed, otherwise than in electrical capacity in the construction, working, repairing, maintenance of a borewell, bore-cum-dug-well, filter points etc.;

(vi) employed, in spraying and dusting of insecticides or pesticides in agricultural operation or plantations;

(vii) employed in working or repair or maintenance of bulldozers, tractors, power tillers etc.— Tripura Gazette, 1-6-81, Pt. I, Ext., p. 4.

(viii) employed in any newspaper establishment as defined in working journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and engaged in outdoor duties.”

(ix) persons employed on surveys and investigation, including drilling operation, hydrological observations and flood forecasting activities, ground water surveys and exploration.

[Vide Tripura Gazette, Extra., p. 13, dated 10th May, 1994.]

——————-

1. Subs. by Act 15 of 1933, sec. 21, clauses (i) to (xiii).

2. Subs. by Act 8 of 1959, sec. 18, for clauses (i) to (ix) (w.e.f. 1-6-1959).

3. Ins. by Act 30 of 1995, sec. 15 (w.e.f. 15-9-1995).

4. Ins. by Act 64 of 1962, sec. 10 (w.e.f. 1-2-1963).

5. The word “or” omitted by Act 64 of 1962, sec. 10 (w.e.f. 1-2-1963).

6. Ins. by Act 64 of 1962, sec. 10 (w.e.f. 1-2-1963).

7. Subs. by Act 30 of 1995, sec. 15, for “The Indian Ports Act, 1908 (15 of 1908)” (w.e.f. 15-9-1995).

8. Subs. by Act 30 of 1995, sec. 15, for certain words (w.e.f. 15-9-1995).

9. Ins. by Act 8 of 1959, sec. 18 (w.e.f. 1-6-1959).

10. Subs. by Act 8 of 1959, sec. 18, for “fifty” (w.e.f. 1-6-1959).

11. Subs. by Act 8 of 1959, sec. 18, for “twenty” (w.e.f. 1-6-1959).

12. Ins. by Act 64 of 1962, sec. 10 (w.e.f. 1-2-1963).

13. Subs. by Act 30 of 1995, sec. 15, for item (xix) (w.e.f. 15-9-1995).

14. Ins. by Act 9 of 1938, sec. 11.

15. Clause (xxiii) re-numbered as clause (xxv) by Act 9 of 1938, sec. 11.

16. Ins. by Act 9 of 1938, sec. 11.

17. Subs. by Act 8 of 1959 sec. 18, for “one hundred” (w.e.f. 1-6-1959).

18. Ins. by Act 8 of 1959 sec. 18 (w.e.f. 1-6-1959).

19. Subs. by Act 30 of 1995, sec. 15, for “employed in forming” (w.e.f. 15-9-1995).

20. Ins. by Act 30 of 1995, sec. 15 (w.e.f. 15-9-1995).

21. Ins. by G.S.R. 381, dated 3rd November, 1997, published in the Gazette of India, Pt. II, Sec. 3 (i), dated 15th November, 1997.

SCHEDULE III—

 1[SCHEDULE III
(See section 3)
LIST OF OCCUPATIONAL DISEASES

PART A

Serial No.Occupational diseaseEmployment
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, part of such carcasses or merchandise which may have been contaminated by animals or animal carcasses; (d) Other work carrying a particular risk
of contamination.
2.Diseases 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

Serial No.Occupational diseaseEmployment
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 amido toxic erivatives of benzene or its homologues.All work involving exposure to the risk concerned.
5.Diseases caused by chromium, or its toxic compounds.All work involving exposure to the risk concerned.
6Diseases caused by arsenic, or its toxic compounds.All work involving exposure to the
risk concerned.
7Diseases caused by radioactive
substances and ionising radiations.
All work involving exposure to the
risk concerned.
8Primary epitheliomatous cancer of the
skin, caused by tar, pitch, bitumen,
mineral oil, anthracene, or the
compounds, products or residues of
these substances.
All work involving exposure to the
risk concerned.
9Diseases caused by the toxic halogen
derivatives of hydrocarbons (of the
aliphatic and aromatic series).
All work involving exposure to the
risk concerned.
10Diseases caused by carbon disulphide.All work involving exposure to the
risk concerned.
11Occupational cataract due to infrared
radiations.
All work involving exposure to the
risk concerned.
12Diseases caused by manganese or
its toxic compounds.
All work involving exposure to the
risk concerned.
13Skin diseases caused by physical,
chemical or biological agents not
included in other items.
All work involving exposure to the
risk concerned.
14Hearing impairment caused by noise.All work involving exposure to the
risk concerned.
15Poisoning by dinitrophenol or a
homologue or by substituted
dinitrophenol or by the salts or such
substances.
All work involving exposure to the
risk concerned.
16Diseases caused by beryllium or its
toxic compounds.
All work involving exposure to the
risk concerned.
17Diseases caused by cadmium or its
toxic compounds.
All work involving exposure to the
risk concerned.
18Occupational asthma caused by
recognised sensitizing agents inherent
to the work process.
All work involving exposure to the
risk concerned.
19Diseases caused by fluorine or its toxic
compounds.
All work involving exposure to the
risk concerned.
20Diseases caused by nitroglycerin, or
other nitroacid esters.
All work involving exposure to the
risk concerned.
21Diseases caused by alcohols and
ketones.
All work involving exposure to the
risk concerned.
22Diseases caused by asphyxiants,
carbon monoxide, and its toxic
derivatives, hydrogen sulphide.
All work involving exposure to the
risk concerned.
23Lung cancer and mesotheliomas
caused by asbestos.
All work involving exposure to the
risk concerned.
24Primary neoplasm of the epithelial
lining of the urinary bladder or the
kidney or the ureter.
All work involving exposure to the
risk concerned.
125Snow blindness in snow bound
areas.
All work involving exposure to the
risk concerned.
26Disease due to effect of heat in extreme hot climate..All work involving exposure to the
risk concerned.
27Disease due to effect of cold in extreme cold climate.All work involving exposure to the
risk concerned.

 1. Subs. by Act 22 of 1984, sec. 6, for Sch. III (w.e.f. 1-7-1984).

                                                                        PART C

Serial No.Occupational diseaseEmployment
1.Pneumoconioses caused by sclerogenic mineral dust (silicoses, anthraoo-silicosis, asbestosis) and silico tuberculosis provided that silicosis is an essential factor in causing the resultant incapacity or death.All work involving exposure to the risk concerned.
2.BagassosisAll work involving exposure to the risk concerned.
3.Bronchopulmonary diseases caused by cotton, flax hemp and sisal dust (Byssionsis).All work involving exposure to the risk concerned.
4.Extrinsic allergic alveelitis caused by
the inhalation of organic dusts.
All work involving exposure to the risk concerned.
5.Bronchopulmonary diseases caused by
hard metals.
All work involving exposure to the risk concerned.
26.Acute Pulmonary oedema of high altitude.All work involving exposure to the risk concerned.]

 1. Ins. by Act 30 of 1995, sec. 16 (w.e.f. 15-9-1995).

 2. Ins. by S.O. 2615, dated 3rd October, 1987.

SCHEDULE IV—

 1[SCHEDULE IV
(See section 4)

FACTORS FOR WORKING OUT LUMP SUM EQUIVALENT OF
COMPENSATION AMOUNT IN CASE OF PERMANENT
DISABLEMENT AND DEATH

Completed years of age on the last birthday of the workman immediately preceding the date on which the compensation fell dueFactors
1ds 2
Not more than16.........228.54
17.........227.49
18.........226.38
19.........225.22
20.........224.00
21.........222.71
22.........221.37
23.........219.95
24.........218.47
25.........216.91
26.........215.28
27.........213.57
28.........211.79
29.........209.92
30.........207.98
31.........205.95
32.........203.85
33.........201.66
34.........199.40
35.........197.06
36.........194.64
37.........192.14
38.........189.56
39.........186.90
40.........184.17
41.........181.37
42.........178.49
43.........175.54
44.........172.52
45.........169.44
46.........166.29
47.........163.07
48.........159.80
49.........156.47
50.........153.09
51.........149.67
52.........146.20
53.........142.68
54.........139.13
55.........135.56
56.........131.95
57.........128.33
58.........124.70
59.........121.05
60.........117.41
61.........113.77
62.........110.14
63.........106.52
64.........102.93
65 or more........99.37

1. Subs. by Act 22 of 1984, sec. 7, for Schedule IV (w.e.f. 1-7-1984).

Bydeb

Workmen’s Compensation (Amendment) Act, 2009

Section 1. Short title and commencement

(1) This Act may be called the Workmen’s Compensation (Amendment) Act, 2009.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of long title

In the long title to the Workmen’s Compensation Act, 1923 (8 of 1923) (hereinafter referred to as the principal Act), for the word “workmen”, the word “employees” shall be substituted.

Section 3. Amendment of preamble

In the principal Act, in the preamble, for the word “workmen”, the word “employees” shall be substituted.

Section 4. Amendment of Section 1

In Section 1 of the principal Act, in sub-section (1), for the word “Workmen’s”, the word “Employee’s” shall be substituted.

Section 5. Substitution of references to certain expressions by certain other expressions

Throughout the principal Act, for the words “workman” and “workmen”, wherever they occur, the words “employee” and “employees” shall respectively be substituted, and such other consequential amendments as the rules of grammar may require shall also be made.

Section 6. Amendment of Section 2

In Section 2 of the principal Act, in sub-section (1),—

(i) After clause (d), the following clause shall be inserted, namely—

‘(dd) “employee” means a person, who is—

(i) a railway servant as defined in clause (34) of Section 2 of the Railways Act, 1989 (24 of 1989), 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)

(a) a master, seaman or other member of the crew of a ship,

(b) a captain or other member of the crew of an aircraft,

(c) a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle,

(d) 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

(iii) 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;’;

(ii) clause (n) shall be omitted.

Section 7. Amendment of Section 4

In Section 4 of the principal Act,—

(a) In sub-section (1),—

(i) in clause (a), for the words “eighty thousand rupees”, the words “one lakh and twenty thousand rupees” shall be substituted;

(ii) in clause (b), for the words “ninety thousand rupees”, the words “one lakh and forty thousand rupees” shall be substituted;

(iii) after clause (b), the following proviso shall be inserted, namely—

“Provided that the Central Government may, by notification in the Official Gazette, from time to time, enhance the amount of compensation mentioned in clauses (a) and (b).”;

(iv) after clause (b), Explanation II shall be omitted;

(b) After sub-section (1-A), the following sub-section shall be inserted, namely—

“(1-B) The Central Government may, by notification in the Official Gazette, specify, for the purposes of sub-section (1), such monthly wages in relation to an employee as it may consider necessary.”;

(c) After sub-section (2), the following sub-section shall be inserted, namely—

“(2-A) The employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment.”;

(d) In sub-section (4),—

(A) for the words “two thousand and five-hundred rupees”, the words “not less than five thousand rupees” shall be substituted;

(B) the following proviso shall be inserted, namely—

“Provided that the Central Government may, by notification in the Official Gazette, from time to time, enhance the amount specified in this sub-section.”.

Section 8. Amendment of Section 20

In Section 20 of the principal Act, in sub-section (1), after the words “appoint any person”, the words “who is or has been a member of a State Judicial Service for a period of not less than five years or is or has been for not less than five years an advocate or a pleader or is or has been a Gazetted Officer for not less than five years having educational qualifications and experience in personnel management, human resource development and industrial relations” shall be inserted.

Section 9. Insertion of new Section 25-A

After Section 25 of the principal Act, the following section shall be inserted, namely—

“25-A. Time limit for disposal of cases relating to compensation.—The Commissioner shall dispose of the matter relating to compensation under this Act within a period of three months from the date of reference and intimate the decision in respect thereof within the said period to the employee.”.

Section 10. Amendment of Schedule II

In Schedule II to the principal Act,—

(i) For the word, figures, brackets and letter “Section 2(1)(n)”, wherever they occur, the word, figures, brackets and letters “Section 2(1)(dd)” shall be substituted;

(ii) In item (i), for the words “employed, otherwise than in a clerical capacity or on a railway”, the words “employed in railways” shall be substituted;

(iii) In item (ii), the words “otherwise than in a clerical capacity” shall be omitted;

(iv) In item (iii), the words “wherein or within the precincts whereof twenty or more persons are so employed” shall be omitted;

(v) In item (v), the words “other than clerical work” shall be omitted;

(vi) In item (vi),—

(a) Clause (b) shall be omitted;

(b) In clause (c), the words, brackets and letter “or sub-clause (b)” shall be omitted;

(vii) In item (x), the words “otherwise than in a clerical capacity” shall be omitted;

(viii) In item (xiv), the words “otherwise than in a clerical capacity” shall be omitted;

(ix) In item (xvi), the words “in which on any one day of the preceding twelve months more than twenty-five persons have been employed” shall be omitted;

(x) For item (xviii), the following item shall be substituted, namely—

“(xviii) employed on any estate which is maintained for the purpose of growing cardamom cinchona, coffee, rubber or tea; or”;

(xi) In item (xix), the words “otherwise than in a clerical capacity” shall be omitted;

(xii) In item (xxvi),—

(a) in clause (a), the words “and in which on any one day of the preceding twelve months ten or more persons have been so employed” shall be omitted;

(b) in clause (b), the words “in which on any one day of the preceding twelve months fifty or more persons have been so employed” shall be omitted;

(xiii) In item (xxx), the words “otherwise than in a clerical capacity” shall be omitted;

(xiv) In items (xl) and (xli), the words “in which on any one day of the preceding twelve months more than twenty-five persons have been employed” shall be omitted;

(xv) The Explanation occurring after item (xlix) at the end shall be omitted.