WORKMEN'S COMPENSATION (BENGAL AMENDMENT) ACT, 1942

Act No. 06 of 1942

19th November, 1942

An Act further to amend the Workmen's Compensation Act, 1923. Whereas it is expedient further to amend the Workmen's Compensation Act, 1923 (VIII of 1923), in its application to Bengal, for the purposes and in the manner hereinafter appearing; It is hereby enacted as follows:- 1. For Statement of Objects and Reasons, see the Calcutta Gazette, dated the 6th March, 1941, part IVB, page 3; the Report of the Select Committee was presented to the Council on the 22nd August, 1941; for the proceedings of the Council, see the proceedings of the meeting of the Bengal Legislative Council held on the 28th July, 12th, 22nd and 28th August, 1941; for proceedings of the Assembly, see the proceedings of the meetings of the Bengal Legislative Assembly held on the 28th September, 1942.

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S.1 Short title and extent

(1) This Act may be called the Workmen's Compensation (Bengal Amendment) Act, 1942.

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

1. The words within square brackets were substituted for the word "Bengal" by paragraph (2) of Article 3 of the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.

S.2 Application of Act

The Workmen's Compensation Act, 1923, hereinafter referred, to as the said Act, shall, in its application to 2[West Bengal] be amended for the purposes and in the manner hereinafter provided.

S.3 Amendment of section 2 of Act VIII of 1923

After clause (f) of sub-section (1) of section 2 of the said Act the fallowing clause shall be inserted, namely:-

• "(ff) 'medical referee' means a qualified medical practitioner appointed under section 24A as a medical referee for the purposes of this Act";

S.4 Insertion of new sections 24Aand 24B

After section 24 of the said Act the following sections shall be inserted, namely:-

"24A. (1) If any question arises in any proceedings under Reference of disputed this Act pending before the medical questions to a Commissioner as to-medical referee.

• (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 desertion from amongst the m
  

S.5 Amendment of section 32

After clause (f) of sub-section (2) of section 32 of the said Act the following clauses shall be inserted, namely:-

• "(ff) for prescribing the procedure relating to the reference of medical questions to medical referees under sub-section (2) of section 24A;
• (ff1) 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;
• (ff2) for prescribing and determining the fees and expenses payable in connection with references of medical questions to medical referees under sub-section (2) of section 24A;"