Act NO. 8 OF 1923 1*

1 · In the application of the Act to Bengal, a new clause (ff) has been ins. here by the Workmen's Compensation (Bengal Amendment) Act, 1942 (Ben. 6 of 1942), s. 3.

1 · Ins. by the A. O. 1937. 2. Subs., ibid., for "G. G. in C.". 3. Subs. by Act 8 of 1959, s. 3, for "seven" (w.e.f. 1-6-1959). 4. Subs. by Act 15 of 1933, s. 3, for "injury to a workman resulting from". 5. The word "or" and cl. (c) rep. by Act 5 of 1929, s. 2. 6. Subs. by Act 8 of 1959, s. 3, for sub-sections (2) and (3) (w.e.f. 1-6-1959).

1 · Ins. by Act 64 of 1962, s. 3 (w.e.f. 1-2-1963). 2. Subs. by s. 3, ibid., for sub-section (2A) (w.e.f. 1-2-1963).

1 · Certain words omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 19-1971).

2 · Subs. by Act 8 of 1959, s. 3, for "sub-sections (2)" (w.e.f. 1-61959).

3 · The words "solely and" rep. by Act 15 of 1933, s. 3.

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.

1 · The original sub-section (6) renumbered (8) by Act 5 of 1929, s. 4. 2. Ins. by s. 4, ibid. 25 9.

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:]

1 · Subs. by Act 9 of 1938, s. 5, for the original words. 2. Subs. by Act 8 of 1959, s. 8, for "one year" (w.e.f. 1-6-1959).

3 · Ins. by Act 64 of 1962, s. 5 (w.e.f. 1-2-1963). 4. Ins. by Act 15 of 1933, s. 7. 5. Subs. by Act 9 of 1938, s. 5, for "maintenance of proceedings". 6. Subs. by s. 5, ibid., for "made".

1 · Ins. by Act 9 of 1938, s. 5. 2. Subs. by s 5, ibid., for "admit". 3. Subs. by s. 5, ibid., for "instituted". 4. Subs. by s. 5, ibid., for "institute". 5. Subs. by Act 7 of 1924, s. 2 and Sch. I, for "any one or". 6. The word "directly" rep. by Act 9 of 1938, s. 5. 7. Subs. by Act 15 of 1933, s. 7, for the original sub-section (3).

1 · Ss. 10A and 10B ins. by Act 15 of 1933, s. 8.

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 1*[or serious bodily injury], the person required to give the notice shall, within seven days of the death 1*[or serious bodily injury], send a report to the Commissioner giving the circumstances attending the death 1*[or serious bodily injury]:

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 for such examination, and any workman 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:

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

12 · Contracting.- (1) 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 contracts 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. (2) Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor, 2*[or any other person from whom the workman could have recovered compensation and where a contractor who is himself a principal is liable to pay compensation or to indemnify a principal under this section he 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

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

1 · Ins. by Act 9 of 1938, s. 6.

2 · Ins. by Act 15 of 1933, s. 9. 30

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 to 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 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.

15 · Special provisions relating to masters and seamen.- This Act shall apply in the case of workmen who are masters of 2*** ships or seamen subject to the following modifications, namely:--

1 · Ins. by Act 8 of 1959, s. 10 (w.e.f. 1-6-1959).

2 · The word "registered" rep. by Act 15 of 1933,

3 · Subs. by Act 8 of 1959, s. 11, for "six

16 · Returns as to compensation.- The 3*[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

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.

18 · [Proof of age.]- Rep. by the Workmen's Compensation (Amendment) Act, 1959 (8 of 1959), s. 12 (w.e.f. 1-6-1959).

1 · Ins. by Act 9 of 1938, s. 9. 2. Subs. by the A. O. 1937, for "the G. G. in C.". 3. Ins. by Act 15 of 1933, s. 14. 4. Ins. by s. 15, ibid. 37

2 · Ins. by s. 15, ibid.

1898 · (5 of 1898)]. 24. Appearance of parties. 2*[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.] 3* 25. Method of recording evidence. 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. 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. 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. ----------------------------------------------------------------------

1 · Ins. by Act 5 of 1929, s. 5. 2. Subs. by Act 8 of 1959, s. 14, for the former section (w.e.f. 16-1959).

1 · Ins. by Act 8 of 1959, s. 15 (w.e.f. 1-6-1959). 2. Ins. by Act 15 of 1933, s. 17.

1 · Ins. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986). 2. Subs. by the A. O. 1937, for "sections 32 and 33". 3. The words and figures "or section 33" rep., ibid. 4. The words "the Gazette of India or" rep., ibid . 5. The words "as the case may be" rep., ibid. 6. Ins. by Act 15 of 1933, s. 20. 7. The original s. 35 renumbered as sub-section (1) of that section by Act 7 of 1937, s. 2. 8. The words "to any Part B State or" ins. by the A. O. 1948, omitted by Act 3 of 1951, s. 3 and Sch. 9. Subs. by Act 22 of 1984, s. 5 (w.e.f. 1-7-1984). 10. Subs. by Act 7 of 1937, s. 2, for "paid to". 11. Subs. by 2, ibid., for "for the benefit of".

1 · Ins. by Act 7 of 1937, s. 2.

2 · Subs. by Act 3 of 1951, s. 3 and Sch., for "a Part A State or Part C State".

3 · Subs. by Act 7 of 1937, s. 2, for "awarded".

4 · Of the words "in any Part B State or" ins. by the A. O. 1950, first five words were omitted by Act 3 of 1951, s. 3 and Sch., and the word "or" was omitted by Act 36 of 1957, s. 3 and Sch. II.

7 · Ins. by Act 64 of 1962, s. 8 (w.e.f. 1-2-1976). 45 SCHE

1 · Subs. by Act 8 of 1959, s. 17, for the former Sch. I (w.e.f. 1-61959).

2 · Subs. by Act 64 of 1962, s. 9, for the former heading (w.e.f. 12-1963).

1 · Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48 respectively by Act 64 of 1962, s. 9 (w.e.f. 1-2-1963).

2 · Ins. by Act 58 of 1960, s. 3 and Sch. II.

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

5 · Poisoning by organo phospho- All work involving exposure to rus compounds. the risk

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 · 294.64

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, s. 7 (w.e.f. 1-7-1984).