EMPLOYEES COMPENSATION ACT, 1923
(1) This Act may be called the 3[Employee'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.
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1. Substituted 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). Earlier the words "except the State of Jammu and Kashmir" were substituted by Act 3 of 1951, sec. 3 and Sch., for the words "except Part B States".
3. Substituted by the Workmen's Compensation (Amendment) Act, 2009 to be effective from 18.01.
(1) In this Act, unless there is anything repugnant in the subject or context,--
1[***]
(b) "Commissioner" means a Commissioner for 25[employee]'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 26[employee], namely:--
(i) a widow, a minor 3[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 26[employee] at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm;
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(1) If personal injury is caused to a 14[employee] 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 14[employee] 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 14[employee] having been at the time thereof under the influence of drink or drugs, or
(ii) the wilful disobedience of the 14[employee] to an ord
Section 3 of the Employees Compensation Act, 1923, codifies the employer's liability to compensate employees for injuries caused during the course of employment. It forms the core legal provision establishing the connection between employment and liability for personal injuries or death arising from accidents at work. This section aims to provide social security to workers by ensuring prompt compensation for work-related injuries, thus fostering a protective legal framework for employer-employee relations in industrial and occupational settings.
Section 3 stipulates that if personal injury is caused to an employee by an accident arising out of and in the course of employment, the employer shall be liable to pay compensation. The section emphasizes two key conditions:- The injury must be caused by an accident.- The accident must have occurred during the course of employment and must have arisen out of it.
The section also delineates the scope of employer liability, including cases of death and disablement resulting from such accidents, and incorporates provisions for the assessment of compensation, as well as penalties for non-compliance.
The core essential ingredients of Section 3 include:- Personal injury caused by accident: The injury must be directly attributable to an identifiable accident.- Arising out of employment: The injury must be linked to the employment, i.e., the risk must be incidental to the employment.- In the course of employment: The injury must occur during working hours and within the scope of employment duties.- Causal connection: There must be a causal nexus between the employment and the injury.- Scope of injury: Includes both physical injuries and occupational diseases deemed as injuries by accident under Schedule III.- Liability of employer: The employer is liable to pay compensation unless the injury does not result in disablement or death.
The scope of Section 3 covers:- Injuries arising out of accidents during employment.- Occupational diseases specified under Schedule III, deemed as injuries by accident.- Deaths and disabilities caused during the course of employment.- Injuries caused by negligence, irrespective of whether the injury was intentional or accidental.- Cases where the injury occurs within the premises or during the performance of employment duties.- Situations where the injury results from a strain or stress due to employment conditions, such as cardiac failure due to work stress.
Failure to comply with the provisions of Section 3, including neglecting to pay compensation, can attract penalties under the Act, such as:- Fine ranging from Rs. 50,000 to Rs. 1,00,000 for contravention.- Imprisonment for a term which may extend to six months, or both.- Penalties are also applicable for failure to maintain proper records, notices, or for delaying payment beyond the stipulated period (Section 4-A(3)).
Note: The above commentary synthesizes legal principles from the provided sources, emphasizing the broad, inclusive interpretation of Section 3 to encompass various types of injuries, deaths, and circumstances arising out of employment, and underscores the importance of timely, proper adjudication and employer accountability.
1[(1) Subject to the provisions of this Act, the amount of compensation shall be as follows, namely:--
(a) where death results an from the injury amount equal to 2[fifty per cent.] of the monthly wages of the deceased 14[employee] multiplied by the relevant factor;
or
an amount of 9[one lakh and twenty thousand rupees], whichever is more;
(b) where permanent total disablement results from the injury an amount equal to 4[sixty per cent.] of the monthly wages of the injured 14[employee] multiplied by the relevant factor;
or
an amount of 10[one lakh and forty thousand rupees], whichever is more;
11[Provided that the
1[(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 4[employee], as the case may be, without prejudice to the right of the 4[employee] 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 maxi
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 11[employee] 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 11[employee] 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 11[employee] was in the service of the employer who is liable to pay the compensation
(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 1[employee] 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.
Section 6 of the Employees Compensation Act, 1923, pertains to the review of compensation payments, allowing either party to seek a review of an existing order or agreement regarding the amount of compensation payable to an employee or their dependants. This section ensures that the compensation awarded is just and can be adjusted if circumstances change or new evidence emerges.
Section 6 provides that any half-monthly payment of compensation, whether under an agreement or an order of a Commissioner, can be reviewed. The review can be initiated by either party and must be made in accordance with the procedure prescribed, typically requiring application to the appropriate authority.
Section 6 applies broadly to the review of ongoing or finalized payments of compensation under the Act. It ensures flexibility and fairness by permitting re-examination of the quantum of compensation, especially in cases where initial assessments were based on incomplete or inaccurate information. It is applicable in both cases of lump sum payments and periodic (half-monthly) payments.
Section 6 itself does not prescribe any punishment. However, non-compliance with the review process or failure to follow procedural requirements can lead to penalties under the Act, including fines or contempt proceedings if the order is not obeyed.
Note: The references are based on the provided sources, primarily "", as specific detailed commentary on Section 6 is limited in the extracts. The analysis synthesizes general principles and judicial interpretations consistent with the Act's purpose.
Any right to receive half-monthly payments may, by 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.
1[(1) No payment of compensation in respect of a 8[employee] 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 8[employee], an employer may make to any dependant advances on account of compensation 3[of an amount equal to three months' wages of such 8[employee] 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 Commissi
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 1[employee] by operation of law nor shall any claim be set off against the same.
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1. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd December, 2009 previous text was:- "workman"
(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 14[employee] 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 14[employee] to
1[(1) Where a Commissioner receives information from any source that a 2[employee] 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 2[employee]'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 2[employee], 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 li
1[(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 perm
(1) Where a 3[employee] 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 4[employees] 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 3[employee] 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 3[employee], on being required to do so by the employer under subsection (1) or by the Commissioner at any time, refuses to submit himself for examination by a q
(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 2[employee] employed in the execution of the work any compensation which he would have been liable to pay if that 2[employee] 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 2[employee] under the employer by whom he is immediately employed.
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Where a 1[employee] 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.
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1. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd December, 2009 previous text was:- "workman"
(1) Where any employer has entered into a contract with any insurers in respect of any liability under this Act to any 2[employee], 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 2[employee], 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 2[employee] than they would have been under the employer.
(2) If the l
1[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).
This Act shall apply in the case of 11[employees] 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:
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1[This Act shall apply in the case of 2[employees] 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
1[This Act shall apply--
(i) in the cease of 3[employees] 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 3[employees]3[employees], 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 2[employee] in respect of whom the provisions of this section shall apply, the claim for compensation shall be made with
The 1[State Government] may, by notification in the Official Gazette, direct that every person employing 2[employees], 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.
2. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd Decembe
Any contract or agreement whether made before or after the commencement of this Act, whereby a 1[employee] 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.
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1. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd December, 2009 previous text was:- "workman"
[Rep. by the Workmen's Compensation (Amendment) Act, 1959 (8 of 1959), section 11 (w.e.f. 1-6-1959).]
1[(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 10B, 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
(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 2[employee]) 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.
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1. Subs. by Act 15 of 1933, sec. 12, for "the Commissioner".
2. Substituted by the Workmen's Compensation (Ame
(1) The State Government may, by notification in the Official Gazette, appoint any person 4[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] to be a Commissioner for 5[employees]'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 decis
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 6[employee] 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 Gov
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)
1[(1) Where any sum has been deposited by an employer as compensation payable in respect of a 2[employee] 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.]
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1. Ins. by Act 15 of 1933, sec. 16.
2. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to b
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 of 2[section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)]].
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1. Ins. 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 1898)" (w.e.f. 15-9-1995).
1[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.]
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1. Subs. by Act 8 of 1959, sec. 14, for section 24 (w.e.f. 1-6-1959).
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.
1[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.]
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1. Inserted by the Workmen's Compensation (Amendment) Act, 2009 to be effective from 18.01.2010 vide Notification No. S.O. 101(E) dated 18.01.2010.
All costs, incidental to any proceedings before a Commissioner, shall, subject to rules made under this Act, be in the discretion of the Commissioner.
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) 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
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 1[employee] by way of compensation whether under the agreement or otherwise.
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1. Substituted by the Workmen's Compensation (Amendment) Act, 2009 [Act No. 45 of 2009] to be effective from 23rd December, 2009 previous text was:- "workman"
(1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely:--
(a) an order 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 4[employee], 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 sect
The Employees Compensation Act, 1923, aims to provide financial compensation to employees who suffer injuries or death due to accidents arising out of and in the course of their employment. Section 30 specifically addresses the appeal process against the orders of the Commissioner for Employees Compensation.
Section 30 of the Employees Compensation Act outlines the procedure for appealing against the orders of the Commissioner. It specifies the types of orders that can be appealed, the time frame for filing appeals, and the requirement for the employer to deposit the awarded compensation amount before filing an appeal.
The scope of Section 30 is limited to substantial questions of law. The appellate court does not re-evaluate the facts but focuses on legal interpretations and procedural correctness. It ensures that the rights of employees to receive compensation are not unduly delayed by procedural technicalities.
While Section 30 does not prescribe specific punishments, failure to comply with its provisions, such as not depositing the awarded amount, can lead to the dismissal of the appeal and potential penalties under the Act.
This commentary provides a comprehensive overview of Section 30 of the Employees Compensation Act, 1923, highlighting its significance in the context of employee rights and employer responsibilities.
1[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.
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).
(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 8[employee] 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;
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[Rep. by the A.O. 1937.]
(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.
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1. Subs. by the A.O. 1937, for "sections 32 and 33".
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1[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 17[employees]'s compensation 12[***] 13[***] 14[in any foreign country,] 15[which has been awarded to, or may be due to] any person residing or about to reside in 10[any State]:]
16[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
1[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).
PART II
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT]
Serial No. Description of Injury Percentage of loss of earning capacity
Amputation cases--upper limbs (either arm)
2[1].
Amputation through shoulder joint . 90
2[2].
Amputation below shoulder with stump less than 3[20.32 Cms.] from tip of acromion .... 80
2[3].
Amputation form 3[20.32 Cms.] from tip of acromion to less than 4[11.43 Cms.] below tip of olecranon 70
2[4].
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SCHEDULE II
[See 18[section 2(1)(dd)]]
LIST OF PERSONS WHO, SUBJECT TO THE PROVISIONS OF 18[SECTION 2(1)(DD)], ARE INCLUDED IN THE DEFINITION OF 32[EMPLOYEES]
The following persons are 32[employees] within the meaning of 18[section 2(1)(dd)] and subject to the provisions of that section, that is to say, any person who is--
1[2[(i) 19[employed in railways], 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, 20[***], in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section
SCHEDULE III
(See section 3)
LIST OF OCCUPATIONAL DISEASES
S. No. Occupational disease Employment
(1) (2) (3)
PART A
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
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 due Factors
(1) (2)
Not more than 16 228.54
17 227.49
18 226.38
19 225.22
20 224.00
21 222.71
22 221.37
23 219.95
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