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The Employees Compensation act, 1923

OBJECTIVE OF THE ACT:


1. To provide compensation for injury by accident arising out of or in the course
of employment, and
2. To provide monetary benefits for occupational diseases.

COVERAGE :
The Act extends to the whole of India. It came into effect on 1.7.1924 .

EMPLOYEES COVERED UNDER THE ACT
The various classes of the employees have been specified in the definition of
employee in section 2 (i) (dd) and Schedule II. Persons employed
administrative or clerical capacity and earning more than Rs. 1,600/- per more
(except railway servants) were excluded from the benefit of the Act. But now the
condition of average monthly wage limits of Rs. 1,600/- has been abolished.
Section 2(i) (dd) defines employee an employee means a person, who is
(i) a railway servant as defined in clause (34) of Section 2 of Railways Act, 1989
(24 of 1989), not permanently employed in any administrative district 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 members 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 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.
The following are not employee:
Any person working in the capacity of a member of the Armed Forces of the
Union of India.
To determine whether a person other than a railway servant is an employee or not,
a reference to Schedule II, is necessary. The following condition must be fulfilled
before a person can be said to be an employee under this Act : the employment
must be of the nature mentioned in Schedule II of the Act.

EMPLOYER
As per section section 2(1)(e) of this act, the employer includes the following :
1) any body of persons whether incorporated or not,
2) any managing agent of an employer,
3) legal representative of a deceased employer, and
4) when the services of an employee are temporarily lent on hire to another
person by the person with whom the employee has entered into a contract
of service or apprenticeship, means such other person while the employee
is working for him.

COMPENSATION PAYABLE UNDER SECTION 3
Subject to the provisions of this Act, the amount of compensation shall be as
follows:
a) Where death results from the an injury - amount equal to fifty per cent of
injury the monthly wages of the deceased employee multiplied by the
relevant factor; or an amount of one lakh twenty thousand rupees,
whichever is more.
b) Where permanent total disablement results from the injury - an amount
equal to sixty per cent the monthly wages of the injured the injury
employee multiplied by the relevant factor; or an amount of one lakh forty
thousand rupees, whichever is more.
c) Where permanent partial disablement results from the injury - (i) in the
case of an injury specified in disablement results from Part II of Schedule
I, such percentage percentage of the compensation which would have been
payable in the case of permanent total disablement as is specified therein
as being the percentage of the loss of earning capacity caused by that
injury, and (ii) in the case of an injury not specified in Schedule I, such
percentage of the compensation 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.
d) Where temporary disablement whether total or partial results from the
injury a half- monthly payment of the sum equivalent to twenty-five
percent of monthly wages of the employee, to be paid in accordance with
the provisions of sub-section (2).

PAYMENT OF COMPENSATION
As per Sec. 8 (1), the employer cannot make any payment of compensation direct
in the event of death of a workman or make payment of lump sum as
compensation to a woman or a person under a legal disability, except by
depositing the amount with the Commissioner for Workmen's Compensation. The
employer should pay the amount of compensation within one month. If he fails to
do so, the commissioner for Workmen's Compensation may collect the same
width a simple interest.

EMPLOYEES DEPENDENTS ELIGIBLE FOR THE COMPENSATION

Section 2 (i)(d) of the Act classify the dependents as follows:
A (i) A widow
A (ii) A minor legitimate son
A (iii) An unmarried and legitimate daughter
A (iv) A widowed mother

B (1) An infirm major son
B (ii) An infirm major daughter

C (i) A widower
C (ii) A parent other than a widowed mother
C (iii) A minor legitimate son
C (iv) A legitimate daughter
C (v) A minor brother
C (vi) An unmarried sister
C (vii) A widowed sister, if a minor.
C (viii) A widowed daughter-in-law
C (ix) A minor child of a predeceased son
C (x) A minor child of a predeceased daughter where no parent of the child is
alive.
C (xi) A grand-parent if no parent of the workman is alive.
C (xii) An unmarried illegitimate daughter etc .

CLAIM
As per section 10(i) of the Act, the claim should also be preferred within two
years. However, the commissioner for employees compensation may condone a
belated claim if he is satisfied that there is sufficient cause for the same.

POWERS OF THE COMMISSIONER FOR EMLOYEES
COMPENSATION :
The Commissioner of Employees compensation has powers:
1) to settle the question of whether a person is a workman or not and
2) the amount and duration of compensation etc.
3) He has also powers to submit any question of law for the decision of the
High court. He is empowered to recover the dues under the Act as if the
land revenue under revenue Recovery Act.

APPEALS
An appeal against the orders of the commissioner can be made only in the High
court. The appeal should be filed within 60 days.The appeal should be
accompanied by a certificate from the commissioner for Workman's
compensation regarding receipt of the awarded compensation from the employer.
The employer who prefers an appeal should deposit the amount with the
commissioner, then only the appeal will be allowed.

EXEMPTIONS
Employees covered by the Employees state Insurance Act are exempt from the
provision of the Act.





















FORM A
[See rule 6 (1)]
DEPOSIT OF COMPENSATION FOR FATAL ACCIDENT
[Section 8 (1) of the Workmens Compensation Act, 1923]

Compensation amounting to Rs. ..............is hereby presented for deposit in
respect of injuries resulting in the death of the workman, whose particulars are
given below, which occurred at ........................
1.
Name ..........................................................................................................
Fathers Name ...............................................................................................
(Husbands name in case of married woman and widow.)
Caste............................................................................................................
Local address ................................................................................................
Permanent address ......................................................................................
His/Her monthly wages are estimated at
Rs....................................................... He/ She was over/ under the age of 15
years at the time of his/her death.

2. The said workman had, prior to the date of his/her death, received the
following payments, namely:
Rs. ................ on ........................ Rs. ................ on ........................
Rs. ................ on ....................... Rs. ................ on ........................
Rs. ................ on ........................ Rs. ................ on ........................
amounting in all to Rs.................

3. An advance of Rs .............................. has been made on account of
compensation to .................. being his/her dependant.

4. I do not desire to be made a party to the proceedings for distribution of the
aforesaid compensation.

Dated .................... Employer

FORM AA
[See rule 6 (1)]

DEPOSIT OF COMPENSATION FOR NON-FATAL ACCIDENT TO A
WOMAN OR PERSON UNDER LEGAL DISABILITY

[Section 8 (1) of the Workmens Compensation Act, 1923]

1. Compensation amounting to Rs ..................is hereby presented for deposit in
respect of injuries sustained by....................residing at......................on
.......19...../20.....resulting in the loss of/temporary disablement. His/Her
monthly wages are estimated at Rs. ............ He/She was over/under the age of 15
years at the time of the accident.


2. The said injured workman has prior to the date of the deposit received the
following half- monthly payments, namely:

Rs. ................. on ........................ Rs. .............. on ........................
Rs. .............. on ........................ Rs. .............. on ........................
Rs. .............. on ........................ Rs. .............. on ........................


Dated.............. Employer






FORM B
(See rule 6)

RECEIPT FOR COMPENSATION
[Deposited under section 8 (1) of the Workmens Compensation Act, 1923]


Book No. ...................................... Receipt No .................... Register No.
...............
Depositor.................................. Deceased or injured workman
...............................
Date of deposit ..................... Sum deposited Rs ..................................................

Commissioner.



















FORM C
(See rule 6)

STATEMENT OF DISBURSEMENTS
[Section 8 (4) of the Workmens Compensation Act, 1923]


Serial No. .............



Depositor .......................................
Date ..................... 20.....
Amount deposited.......................

Amount deducted and repaid to the employer under the provision to
section-8..............................
Funeral expenses paid.........................................................................................

Compensation paid to the following dependants:

Name Relationship

..............................................................................................................

..............................................................................................................

Total....................
Dated .................


Commissioner.



FORM D
(See rule 9)

DEPOSIT OF COMPENSATION FOR NON-FATAL ACCIDENTS,
OTHER THAN TO A WOMAN OR PERSON UNDER LEGAL
DISABILITY
[Section 8 (2) of the Workmens Compensation Act, 1923]



Compensation amounting to Rs. ...............................................................................

is hereby presented for deposit in respect of permanent/temporary injuries

sustained by ...................................... residing at.................................which

occurred on............. 20.....


Dated .............. Employer

[Address of the establishment]






















FORM E
(See rule 9)
RECEIPT FOR COMPENSATION
[Deposited under section 8 (2) of the Workmens Compensation Act, 1923]


Book No. ........................ Receipt No. ..............
Register No. .................

Depositor .................................................................................................................
In favour of ..............................................................................................................

Date of deposit ........................... Sum deposited Rs..............................................

Commissioner




































FORM EE
(See rule 11)
REPORT OF FATAL ACCIDENTS

To
........................................
. .......................................
Sir,
I have the honour to submit the following report of an accident which
occurred on................... (date) at........................ (here enter details of
premises) and which resulted in the death of the workman/workmen of
whom particulars are given in the statement annexed.
2. The circumstances attending the death of the workman/workmen were as
under:
(a) Time of the accident...............................................................................
(b) Place where the accident occurred........................................................
(c) Manner in which deceased was/were employed at time........................
(d) Cause of the accident............................................................................
(e) Any other relevant particulars ................................................................

(Signature and designation of person making the report.)

Name Sex Age Nature of Full postal
employment address










FORM F
(See rule 20)
APPLICATION FOR COMPENSATION BY WORKMAN

To
The Commissioner for Workmens Compensation,
.................................................................
............residing
at.....................................................................................applicant,
Versus
residing at........................................................................................opposite
party.

It is hereby submitted that
(1) the applicant, a workman employed by (a contractor with) the opposite party
on the .......... day of...................................20................... received personal injury
by accident arising out of and in the course of his employment.
The cause of the injury was (here insert briefly in ordinary language the cause
of the injury)........................................................................................
....................................................................................................................................
(2) The applicant sustained the following injuries, namely:
...............................................................................................................................
(3) The monthly wages of the applicant amounts to Rs
........................................................
The applicant is over/under the age of 15 years.

(4) (a) Notice of the accident was served on the ............... day of
.......................................
(b) Notice was served as soon as practicable.
(c) Notice of the accident was not served (in due time) by reason of
...............................



(5) The applicant is accordingly entitled to receive
(a) half-monthly payment of Rs.......from the............ day of ........20.....
to......................
(b) a lump sum payment of Rs .....................................................

(6) The applicant has taken the following steps to secure a settlement by
agreement, namely .................................but it has proved impossible to settle the
questions in dispute because......................................................................................

You are therefore requested to determine the following questions in dispute,
namely:
(a) whether the applicant is a workman within the meaning of the Act;
(b) whether the accident arose out of or in the course of the applicants
employment;
(c) whether the amount of compensation claimed is due, or any part of that
amount;
(d) whether the opposition party is liable to pay such compensation as is due;
(e) etc. (as required).

Dated ........................

Applicant....................









FORM G
(See rule 20)
APPLICATION FOR ORDER TO DEPOSIT COMPENSATION

To
The Commissioner for Workmens Compensation,
............................................................
............................................................
residing at ..................................................................................... applicant,
Versus
residing at.............................................................................. opposite party.
It is hereby submitted that
(1) ........................... a workman employed by (a contractor with) the opposite
party on
the .............................day of........................./20...... received personal injury
by accident arising out of land in the course of his employment resulting in his
death on the ..................day of............................... ............./20...... The cause of
the injury was (here insert briefly in ordinary language the cause of the
injury).........................................................................................................
....................................................................................................................
(2) The applicant(s) is/are dependant(s) of the deceased workman being
his.............

(3) The monthly wages of the deceased amounts to Rs .............. The deceased was
over/under the age of 15 years at the time of his death.

(4)(a) Notice of the accident was served on the ..................... day of .....................
(b) Notice was served as soon as practicable.
(c) Notice of the accident was not served (in due time) by reason
of.................................




(5) The deceased before his death received as compensation the total sum of Rs.
....................... The applicant(s) is/are accordingly entitled to receive a lump
sum payment of Rs ..............
You are therefore requested to award to the applicant the said compensation
or any other compensation to which he may be entitled.

Dated ...................

Applicant...............























FORM H
(See rule 20)
APPLICATION FOR COMMUTATION
[Under section 7 of the Workmens Compensation Act, 1923]

To
The Commissioner for Workmens Compensation,
..................................................................
..................................................................
residing at .....................................................................................applicant,
Versus
..................... residing at ........................................................ opposite
party.
It is hereby submitted that
(1) The applicant/opposite party has been in respect of half-monthly payments
from ...................... to ..................... in respect of temporary disablement by
accident arising out of and in the course of his employment.
(2) The applicant is desirous that the right to receive half-monthly payments
should be redeemed.
(3) (a) The opposite party is unwilling to agree to the redemption of the right to
receive half-monthly payments.
(b) The parties have been unable to agree regarding the sum for which the
right to receive half-monthly payments should be redeemed.
(4) You are therefore requested to pass orders
(a) directing that the right to receive half-monthly payments should be
redeemed, and
(b) fixing a sum for the redemption of the right to receive half-monthly
payments.

Dated ....................

Applicant.
FORM K
(See rule 48)

MEMORANDUM OF AGREEMENT

It is hereby submitted that on the ........... day of .............................20.....personal
injury was caused to........................residing.................at................................ by
accident arising out of and in the course of employment in ...............................
The said injury has resulted in temporary disablement to the said workman
whereby it is estimated that he will be prevented from earning more than of his
previous/any wage for a period of........................ months. The said workman has
been in receipt of half-monthly payments which have continued from the ...........
day of...................20 ..... until the .................. day of......................20.....amounting
to Rs. ........... in all. The said workmens monthly wages are estimated at
Rs..................... The workman is over the age of 15 years/will reach the age of 15
years on .....................................

It is further submitted that......................... the employer of said workman has
agreed to pay, and the said workman has agreed to accept, the sum of Rs
................. in full settlement of all and every claim under the Workmens
Compensation Act, 1923, in respect of all disablement of a temporary nature
arising out of the said accident, whether now or hereafter to become manifest. It
is, therefore, requested that this memorandum be duly recorded.

Dated......................................................
Signature of employer..............................Witness...................................................
Signature of workman..............................Witness..................................................





Note.An application to register an agreement can be presented under the signature of one party,
provided that the other party has agreed to the terms. But both signatures should be appended,
whenever possible.

Receipt to be filled in when the money has actually been paid
In accordance with the above agreement, I have this day received the sum of Rs.
....................................................................................................................

Workman.
Dated.........................
The money has been paid and this receipt signed in my presence.
........................Witness.
Note.This form may be varied to suit special cases, e.g., injury by occupational diseases,
agreement when workman is under legal disability, etc.


















FORM L
(See rule 48)
MEMORANDUM ON AGREEMENT

It is hereby submitted that on the............. day of
.................................../20.....personal injury was caused to ........................ residing
at ...................................by accident arising out of and in the course of his
employment in ............................ The said injury has resulted in permanent
disablement to the said workman of the following nature, namely:
....................................................................................................................
The said workmans monthly wages are estimated at Rs.......................................
The workman is over the age of 15 years/will reach the age of 15 years on
....................... The said workman has/prior to the date of this agreement received
the following payments namely:
Rs. ............... on ........................ Rs. ............. on ........................
Rs. ............... on ........................ Rs. ............. on ........................
Rs. ............... on ........................ Rs. ............. on ........................
It is further submitted that............... the employer of the said workman, had agreed
to pay, and the said workman has agreed to accept the sum of Rs.
................................. in full settlement of all and every claim under the
Workmens Compensation Act, 1923, in respect of the disablement stated above
and all disablement now manifest. It is, therefore, requested that this
memorandum be duly recorded.

Dated ............................... Signature of employer ....................................
Witness ............................ Signature of workman ...................................
Witness .............................

Note. An application to register an agreement can be presented under the signature of one party,
provided that the other party has agreed to the terms. But both signatures should be appended,
whenever possible.

Receipt to be filled in when the money has actually been paid
In accordance with the above agreement, I have this day received the sum of

Rs ...................................................... . Revenue Stamp
Dated .......................... Workman.

The money has been paid and this receipt signed in my presence.
.......................Witness.
Note. This form may be varied to suit special cases, e.g., injury by occupational disease,
agreement when workman is under legal disability, etc.
FORM M
(See rule 48)
MEMORANDUM OF AGREEMENT

It is hereby submitted that on the ............... day of .....................20............personal
injury was caused to ........................ residing at ................................ by accident
arising out of and in the course of employment in ..................................The said
injury has resulted in temporary disablement to the said workman, who is at
present in receipt of wages amounting to Rs. ............................................per
month/ no wages. The said workmans monthly wages prior to the accident are
estimated at Rs ............ The workman is subject to a legal disability by reason
of..............................................................................................................................
.................................................................................................................It is further
submitted that ....................... the employer of the workman has agreed to pay and
........................ on behalf of the said workman has agreed to accept half-monthly
payments at the rate of Rs. .............. for the period of the said temporary
disablement. This agreement is subject to the condition that the amount of the
half-monthly payments may be varied in accordance with the provisions of the
said Act, on account of an alteration in the earnings of the said workman during
disablement. It is further stipulated that all rights of commutation under section 7
of the said Act are unaffected by this agreements. It is, therefore, requested that
this memorandum be duly recorded.

Dated ...................... Signature of employer.
Witness ........................
Signature of workman ....................... Witness ........................

Note. An application to register an agreement can be presented under the signature of one party,
provided that the other party has agreed to the terms. But both signatures should be appended,
whenever possible.



Receipt to be filled in when the money has actually been paid.
In accordance with the above agreement, I have this day received the sum of

Rs ....................................................... Revenue Stamp
Dated .......................... Workman.

The money has been paid and this receipt signed in my presence.
...................................Witness.

Note.This form may be varied to suit special cases, e.g., injury by occupational disease, etc.