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Report No. 62
The Workmen's Compensation Act, 1923
| Contents | |
| Chapter I | Introduction |
| 1.1 | Genesis |
| 2. | Importance of the Act |
| 3. | Directive principles in the Constitution |
| 4,5. | Need for revision of the Act |
| 6. | Report of National Commission on Labour |
| 7. | Number of agricultural employees |
| 8. | Need for revision |
| 9. | Equalisation in substance |
| 10. | Social insurance |
| 11,12. | Effect of Employees' State Insurance Act |
| 13 to 15. | Desirability of amending |
| Chapter 1A | History and Main Features |
| 1A.1 | Introduction |
| 2. | History of compensation |
| 3. | History of workmen's compensation |
| 4,5. | Adjustments of the legal machinery, necessitated by industrial changes |
| 6. | Problem of industrial disability-First legislation in Europe |
| 7. | Origin of compensation system in Europe-Problem of industrial disability |
| 8. | Developments in the U.S.A |
| 9. | Movement in India |
| 10. | Amendments since 1923 |
| 11. | Amendment Act of 1959 |
| 12. | Effect of Employees' State Insurance Act |
| 13. | Trend of Developments |
| 14. | Gist of the operative provisions |
| 15. | Chief principles of Workmen's Compensation Act |
| 16. | Liability confined to personal injury |
| 17. | Importance of the definition of "workmen" |
| 18,19. | Second Schedul |
| 20. | Notification by State Governments |
| 21. | Employments covered by the Act |
| 22. | Provision in Soviet Civil Code |
| 23. | Hazardous employments in U.S.A |
| 24. | Compensation |
| 25. | Disabilities-Classification of |
| Chapter 1B | Extra-Territorial Application of The Act |
| 1B.1 | Introductory |
| 2. | Matters to be considered in connection with extra-territorial operation |
| 3. | Rule of construction |
| 4,5. | Rebuttable presumption in England |
| 6. | Rule of construction in U.S.A |
| 7. | English cases under Workmen's Compensation Act |
| 8. | Cases relating to Ships |
| 9. | English Act of 1925 |
| 10. | Present position under the Indian Act |
| 11. | Intention of 1933 Amendment |
| 12. | Position before 1933-requirement of registration |
| 13. | Amendment of 1933 |
| 14. | International law-territorial waters |
| 15. | Ships registered in India |
| 16. | Difficulty as regards extra-territorial accidents |
| 17. | English view |
| 18. | U.S.A. view |
| 19. | Story's view |
| 20. | Position regarding ships |
| 21. | Amendment of 1933 |
| 22. | Whether it is desirable to cover extra-territorial accidents |
| 23. | No need to widen the scope |
| 24,25 | Desirability of restricting the present provision as to ships |
| 26. | Section 21 |
| 27. | Section 1-amendment regarding ships and aircraft |
| 28. | Recommendation to amend section 1 |
| Chapter 2 | Definitions |
| 2.1 | Introductory |
| 2. | Section 2(1)(d)-"Dependant"-basic Principle |
| 3. | Complexity of the definition |
| 4 to 7. | Improvements in definition of 'dependant'-Legitimacy |
| 8,9. | Constitutional provisions in some Latin American countries |
| 10,11. | Section 2(1)(d)-unborn child of the workman |
| 12. | Recommendation |
| 13. | Unmarried daughter and divorced daughter |
| 14 to 17. | Re-marriage of widow |
| 18. | Amendment regarding pre-decease |
| 19. | Minor brother-no change |
| 20,21. | Uterine relationship-Recommendation |
| 22. | Recommendation |
| 23. | Section 2(1)(e)-employer lending the workman to another employer |
| 24. | Recommendation |
| 25. | Section 2(1)(fff) (New)-Definition of "monthly wages" |
| 26. | Section 2(1)(i)-total disablement |
| 27. | Workman |
| 28,29. | Section 2(1)(n)-Definition of workman |
| 30 to 33. | Point of Substance |
| 34. | Recommendation |
| Section 2(2) | |
| 35. | Recommendation |
| 36. | Section 2(3)-Power to notify their occupations |
| 37. | Proposal giving the power to the Central Government also |
| 38. | Amendment of section 2(3) desirable |
| 39. | Constitutional aspect considered |
| 40. | State Governments should give intimation to Centre |
| 41. | Recommendation to revise section 2(3) |
| Chapter 3 | Right to Compensation |
| 3.1 | Introductory |
| 2. | Section 3(1) proviso (b)(i)-Influence of drugs or drinks |
| 3 to 5. | Possible justification for the present rul |
| 7. | Provisions in the Employees' State Insurance Act, 1948 |
| 8. | Section 51A, Employees' State Insurance Act |
| 9. | Connection between course of and out of Presumption in section 51A, Employees State Insurance Act, 1948 |
| 10 to 15. | Origin of section 51A |
| 16. | Meaning of the expressions in the course of and out of |
| 17. | A verbal point concerning section 51A |
| 18. | Recommendation |
| 19. | A verbal point concerning section 51A. 3.19. Effect of wilful disobedience |
| 20. | Section 51B, E.S.I. Act |
| 21. | Principle of section 51B worth adopting |
| 22. | Section 3(1), proviso (b)(iii) |
| 23 to 25. | Section 51B E.S.I. Act considered in detail |
| 26 to 28. | Adoption of section 51B considered-Requirement of trade or business not favoured-Contained in section 51B |
| 29,30. | Accidents occurring in the course of transport to or from place of work |
| 31 to 33. | Test of obligation to use transport previously adopted in English cases |
| 34,35. | Emergency-section 51D, Employee's State Insurance Act, 1948 |
| 36 to 38. | Decision under the English Workmen's Compensation Act as to emergency |
| 39. | Section 3(5) |
| 40,41. | Two points which arise |
| 42. | Recommendation to revise section 3(5) |
| 43 to 45. | Section 3A e.g. 3(2) to section 3(4) re-numbered |
| 46. | Too many provisions crowded together |
| 47. | Need for classification of the 'provisions |
| 48. | Recommendations |
| 49,50. | Section 4(1)-General scheme as to compensation |
| 51. | Section 4(1)(d) |
| 52,53. | Section 4A-Compensation to be paid promptly |
| 54,55. | Questions to be considered |
| Chapter 3A | Computation of Compensation |
| 3A.1 | Introductory |
| 2. | Sections 5(a) and 5(b) |
| 3. | Comment on section 5, clause (b), first method |
| 4. | Comment on clause (b), second method |
| 5. | Recommendation to amend section 5(b) |
| 6. | Section 5(c) |
| 7. | Contract labour |
| 8. | Recommendation to add an Explanation regarding contract labour |
| 9,10. | Cases not covered by section 6 |
| 11,12. | Section 6(1) |
| 13. | Recommendation |
| 14. | Section 7-Commutation of half-monthly payments |
| 15. | Recommendation |
| Chapter 4 | Distribution of Compensation |
| 4.1 | Section 8 |
| 2. | Recommendation to replace section 8 by three sections |
| 3. | Sections 8(1) to 8(4) |
| 4. | Sections 8(1), 8(6) & 8(7)-provision regarding workmen |
| 5. | Section 8(1)-Recommendation to amend |
| 6. | Section 8(5) |
| 7. | Section 8(5)-Desirability of guidelines-Recommendation |
| 8,9. | Section 8(5) and effect of death |
| 10,11. | English Law |
| 12. | Madras view |
| 13. | Recommendation regarding section 8(5) |
| 14. | Section 8(6)-Recommendation |
| 15. | Section 8(7)-Recommendation |
| 16,17. | Section 9 |
| Chapter 5 | Notices and Reports |
| 5.1 | Introductory |
| 2. | Section 10(1) notice to be optional |
| 3. | Section 10(2) |
| 4. | Section 10(3) |
| 5. | Section 10A |
| 6. | Section 10B(1) |
| 7. | Object of the amendments recommended in sections 10, 10A and 10B |
| 8. | Re-drafts of sections 10, 10A & 10B |
| 9. | Section 11-Medical Examination |
| 10,11. | Recommendation as to section 11(1) |
| Chapter 6 | Protection of Compensation and other Provisions Regarding Enforcement |
| 6.1 | Introduction |
| 2. | Common law rules as to contractors |
| 3 to 8. | Special provision in section 12 |
| 9. | Section 13 |
| 10. | Recommendation to amend section 13 |
| 11. | Section 14-Recommendation |
| 12. | Section 14A |
| 13. | Section 15(1) |
| 14. | Section 15(3) |
| 15. | Sections 15(5) and 15(6) |
| 16. | Section 15A (New) |
| 17,18. | Sections 16,17 |
| 19. | Recommendation as to section 17 |
| 20. | Section 17A-New Display of abstracts |
| 21. | Recommendation |
| 22. | Section 18A |
| Chapter 7 | Commissioners, Their Jurisdiction and Procedure |
| 7.1 | Introductory |
| 2. | Section 19 |
| 3 to 9. | Section 20(3)-obscurity of position of expert |
| 10. | Recommendation |
| 11. | Section 21(1) |
| 12. | Section 22(1) |
| 13. | Express provision as to right to make an application desirable |
| 14. | Recommendations to Amend section 22 |
| 15. | Section 22(2)(b) |
| 16. | Recommendations |
| 17. | Section 22A |
| 18. | Recommendations |
| 19 to 22. | Section 23 |
| 23 to 25. | Procedure for grant of legal aid |
| 26. | Recommendation |
| 27. | Section 25 |
| 28,29. | Recommendation |
| Chapter 8 | Reference, Registration of Agreements, Appeal and Recovery |
| 8.1 | Introductory |
| 2 to 5. | Sections 27 to 29 |
| Chapter 9 | Rules |
| 9.1 | Introductory |
| 2. | Section 32(2)-Various clauses requiring amendment |
| 3 to 5. | Section 35(1) main paragraph-recommendation to amend |
| Chapter 10 | Schedules |
| 10.1 | Introductory |
| 2. | Second Schedule-employment in agriculture |
| 3 to 5. | Directive Principles relating to economic justice and conditions of work |
| 6. | Considerations to be borne in mind |
| 7. | Possible tests |
| 8. | Present position-Second Schedule |
| 10. | Notification by State Governments |
| 11. | Hazard constituted by mechanical contrivances used in agriculture |
| 12 to 14. | Views received from States by Ministries |
| 15 to 17. | Importance of Agricultural employment |
| 18. | Extension of the Act-how to be achieved |
| 19,20. | Legislative power to enact the amendment under consideration |
| 21 to 23. | Recommendation relating to employments in agriculture |
| 24. | Item 1-exclusion of clerks |
| 25 to 28. | Clerical employment-various items discussed |
| 29,30. | Item 2 |
| 31 to 34. | Ambiguity in item 2 |
| 35. | Item 3 |
| 36,37. | Item 4 |
| 38,39. | Item 5 |
| 40,41. | Items 6,7 |
| 42. | Item 8 |
| 43. | Item 9 |
| 44. | Item 10 |
| 45,46 | Items 11,12 |
| 47,48. | Item 13 |
| 49 to 61. | Items 14 to 25 |
| 62 to 68. | Item 26 |
| 69,70. | Persons exposed to hazards |
| 71,72. | Second Schedule-regrading of items |
| 73 to 75. | Basis of re-grouping |
| Schedule II | List of Persons who, Subject to The Provisions of Section 2(1)(N), are Included in The Definition of workmen |
| 76. | 3rd Schedule |
| 77 to 79. | Third Schedule-the word "sequelae |
| 80. | Arrangement of items in the Third Schedule |
| Schedule III | List of Occupational Diseases |
| 81. | Amendment recommended |
