19. Reference to Commissioners.-(1) If any question arises in any proceedings under this Act as to the liability of any person to pay compensation (including any ---------------------------------------------------------------------- 1. Subs. by the A. O. 1937 for "G. G. in C.". 2. S. 18A ins. by Act 15 of 1933, s. 11. 3. Subs. by Act 8 of 1959, s. 13, for "one hundred" (w.e.f. 1-6- 1959). 4. Subs. by Act 64 of 1962, s. 6, for certain words (w.e.f. 1-2- 1963). 35 question as to whether a person injured is or is not a workman) 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.

20. Appointment of Commissioners.-(1) The State Government may, by notification in the Official Gazette, appoint any person to be a Commissioner for Workmen's Compensation for such 2*** area as may be specified in the notification. 3*[(2) Where more than one Commissioner has been appointed for any 2*** 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 decision under this Act, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry. 3*[(4)] Every Commissioner shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860)

21. Venue of procedings and transfer.- (1) Where any matter is under this Act 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 4*[a Commissioner] for the 2*** area in which the accident took place which resulted in the injury: Provided that, where the workman is the master of a 5*** ship or a seaman, any such matter may be done by or before 4*[a Commissioner] for the 2* area in which the owner or agent of the ship resides or carries on business. (2) If a Commissioner is satisfied 6*[that any matter arising out of any proceedings pending before him] can be more conveniently dealt with by any other Commissioner, whether in the same State ---------------------------------------------------------------------- 1. Subs. by Act 15 of 1933, s. 12, for "the Commissioner". 2. The word "local" omitted by Act 64 of 1962, s. 7 (w.e.f. 1-2- 1963). 3. Sub-section (2) ins., and the original sub-sections (2) and (3) renumbered (3) and (4) by Act 15 of 1933, s. 13. 4. Subs. by s. 14, ibid., for "the Commissioner". 5. The word "registered" omitted by s. 14, ibid. 6. Subs. by Act 9 of 1938, s. 9, for "by any party to any proceedings under this Act pending before him that such matter". 36 or not, he may subject to rules made under this Act, order such matter to be transferred to such other Commissioner either for report or for disposal, and, if he does so, shall forthwith transmit to such other Commissioner all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the prescribed manner any money remaining in his hands or invested by him for the benefit of any party to the proceedings: 1*[Provided that the Commissioner shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard:] Provided 1*[further] that no matter other than a matter relating to the actual payment to a workman or the distribution among dependants of a lump sum shall be transferred for disposal under this sub-section to a Commissioner in the same State save with the previous sanction of the State Government or to a Commissioner in another State save with the previous sanction of 2*[the State Government of that State], unless all the parties to the proceedings agree to the transfer. (3) The commissioner to whom any matter is so transferred shall, subject to rules made under this Act, inquire thereinto and, if the matter was transferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him. (4) On receipt of a report from a Commissioner to whom any matter has been transferred for report under sub-section (2), the Commissioner by whom it was referred shall decide the matter referred in conformity with such report. 3*[(5) The State Government may transfer any matter from any Commissioner appointed by it to any other commissioner appointed by it.]

22. Form of application.-(1) No application for the settlement of any matter by a Commissioner, 4*[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. ---------------------------------------------------------------------- 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) 1*[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) a concise statement of the circumstances in which the application is made and the relief or order which the applicant claims; (b) in the case of a claim for compensation against an employer, the date of service of notice of the accident on the employer and, if such notice has not been served or has not been served in due time, the reason for such omission; (c) the names and addresses of the parties; and (d) 2*[except in the case of an application by dependants for compensation] a concise statement of the matters on which agreement has and 3*[of] those on which agreement has not been come to. (3) If the applicant is illiterate or for any other reason is unable to furnish the required information in writing, the application shall, if the applicant so desires, be prepared under the direction of the Commissioner.

22A. Power of Commissioner to require further deposit in cases of fatalaccident.

4*[22A. Power of Commissioner to require further deposit in cases of fatal accident.-(1) Where any sum has been deposited by an employer as compensation payable in respect of a workman 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.]

23. Powers and procedure of Commissioners.- 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 ---------------------------------------------------------------------- 1. Subs. by Act 15 of 1933, s. 15, for "where any such question has arisen, the application". 2. Ins. by s. 15, ibid. 3. Subs. by Act 37 of 1925, s. 2 and Sch. I, for "on". 4. Ins. by Act 15 of 1933, s. 16. 38 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 section 195 and of Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898)].

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.]

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.- 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.- 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. 1- 6-1959). 3. In the application of the Act to Bengal, new ss. 24A and 24B have been ins here by Ben. Act 6 of 1942, s. 4.

28. Registration of agreements.- (1) Where the amount of any lump 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 satisf- ied 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 Commissioner that an agreement as to the payment of a lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation payable 1*[to a woman or a person under a legal disability] 4*** ought not to be registered by reason of the inade- quacy of the sum or amount, or by reason of the agreem agreement having been obtained by fraud or undue influence or other improper means, he may refuse to record the memorandum of the agreement 5*[and may make such order] including an order as to any sum already paid under the agreement, as he thinks just in the circumstances. (2) An agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this Act notwithstanding anything contained in the Indian Contract Act, 1872 (9 of 1872), or in any other law for the time being in force.

29. Effect of failure to register agreement.- 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 ---------------------------------------------------------------------- 1. Subs. by Act 5 of 1929, s. 6, for certain words. 2. The words "or to a dependant" rep. by Act 7 of 1924, s. 3 and Sch. II. 3. Cl. (b) rep. by Act 5 of 1929, s. 6. 4. The words "or to any dependant" rep. by Act 7 of 1924, s. 3 and Sch. II. 5. Subs. by Act 7 of 1924, s. 2 and Sch. I, for "or may make such order". 40 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 workmen by way of compensation whether under the agreement or otherwise.

30. Appeals.- (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 workman, 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 section 12; or (e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions: Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and, in the case of an order other than an order such as is referred to in clause (b), unless the amount in dispute in the appeal is not less than three hundred rupees: Provided, further, that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement come to by the parties: 2*[Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against.] ---------------------------------------------------------------------- 1. Ins. by Act 8 of 1959, s. 15 (w.e.f. 1-6-1959). 2. Ins. by Act 15 of 1933, s. 17. 41 (2) The period of limitation for an appeal under this section shall be sixty days. (3) The provisions of section 5 of the Indian Limitation Act, 1908 (9 of 1908), shall be applicable to appeals under this section.

30A. Withholding of certain payments pending decision of appeal.

1*[30A. Withholding of certain payments pending decision of appeal.-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.] 31. Recovery. 31. Recovery.- 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). 2*

32. Power of the State Government to make rules.-(1) The 3*[State Government] may make rules4* 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 workman 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; ---------------------------------------------------------------------- 1. Ins. by Act 15 of 1933, s. 18. 2. In the application of the Act to Bengal, a new s. 31A has been ins. here by the Bengal Touts Act, 1942 (Ben. 5 of 1942), s. 12. 3. Subs. by the A. O. 1937, for "G. G. in C.". 4. For the Workmen's Compensation Rules, 1924, see Gazette of India, 1924, Pt. I, p. 586. 42 (d) for regulating the transfer of matters and cases from one Commissioner to another and the transfer of money in such cases; (e) for prescribing the manner in which money in the hands of a Commissioner may be invested for the benefit of dependants of a deceased workman and for the transfer of money so invested from one Commissioner to another; (f) for the representation in proceedings before Commissioners of parties who are minors or are unable to make an appearance;1* (g) for prescribing the form and manner in which memoranda of agreements shall be presented and registered; (h) for the withholding by Commissioners, whether in whole or in part of half-monthly payments pending decision on applications for review of the same; 2*** 2* * * * * 2*[(i) for regulating the scales of costs which may be allowed in proceedings under this Act; (j) for prescribing and determining the amount of the fees payable in respect of any proceedings before a Commissioner under this Act; (k) for the maintenance by Commissioners of registers and records of proceedings before them; (l) for prescribing the classes of employers who shall maintain notice-books under sub-section (3) of section 10, and the form of such notice-books; (m) for prescribing the form of statement to be submitted by employers under section 10A; 3*** (n) for prescribing the cases in which the report referred to in section 10B may be sent to an authority other than the Commissioner;] 4*[(o) for prescribing abstracts of this Act and requiring the employers to display notices containing such abstracts; (p) for prescribing the manner in which diseases specified as occupational diseases may be diagnosed; ---------------------------------------------------------------------- 1. In the application of the Act of Bengal, new clauses (ff), (ff1) and (ff2) have been ins. here by Ben. Act 6 of 1942, s. 5. 2. The word "and" at the end of cl. (h) and the original cl. (i) rep., and the new cls. (i) to (n), which were the same as cls. (a) to (f) of s. 33, ins. by the A. O. 1937. 3. The word "and" omitted by Act 58 of 1960, s. 3 and Sch. II. 4. Ins. by Act 8 of 1959, s. 16 (w.e.f. 1-6-1959). 43 (q) for prescribing the manner in which diseases may be certified for any of the purposes of this Act; (r) for prescribing the manner in which, and the standards by which, incapacity may be assessed.] 1*[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.]

33. [Power of Local Government to make rules.] Rep. by the A. O. 1937.

34. Publication of rules.- (1) The power to make rules conferred by 2*[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 3*** 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 4*** the Official Gazette 5*** and, on such publication, shall have effect as if enacted in this Act.

35. Rules to give effect to arrangements with other countries for thetransfer of money paid as compensation.

6*[35. Rules to give effect to arrangements with other countries for the transfer of money paid as compensation.- 7*[(1)] The Central Government may, by notification in the Official Gazette, make rules for the transfer 8*** 9*[to any foreign country] of money 10*[deposited with] a Commissioner under this Act 11*[which has been awarded to or may be due to], any person residing or about to reside in 9*[such foreign country] and for ---------------------------------------------------------------------- 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". 44 the receipt 1*[distribution] and administration in 2*[any State] of any money 3*[deposited] under the law relating to workmen's compensation 4*** 5*[in any foreign country],6*[which has been awarded to, or may be due to] any person residing or about to reside in 2*[any State]:] 1*[Provided that no sum deposited under this Act in respect of fatal accidents shall be so transferred without the consent of the employer concerned until the Commissioner receiving the sum has passed orders determining its distribution and apportionment under the provisions of sub-sections (4) and (5) of section 8. (2) Where money deposited with a Commissioner has been so transferred in accordance with the rules made under this section, the provisions elsewhere contained in this Act regarding distribution by the Commissioner of compensation deposited with him shall cease to apply in respect of any such money.]

36. Rules made by Central Government to be laid before Parliament.

7*[36. Rules made by Central Government to be laid before Parliament.- Every rule made under this Act by the Central Government shall be laid as soon as may be after if 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 8*[two or more successive sessions, and if, before the expiry of that 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.] ---------------------------------------------------------------------- 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. 5. Subs. by act 22 of 1984, s. 5 (w.e.f. 1-7-1984). 6. Subs. by Act 7 of 1937, s. 2, for "and applicable for the benefit of". 7. Ins. by Act 64 of 1962, s. 8 (w.e.f. 1-2-1976). 8. Subs. by Act 65 of 1976, s. 3, for certain words (w.e.f. 21-5- 1976). 45 SCHE See sections 2(1) and (4) 1*[SCHEDULE I [See sections 2(1) and (4)] 2*[PART I LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT] ---------------------------------------------------------------------- Serial Description of injury Percentage No. of loss of earning capacity ---------------------------------------------------------------------- 1 Loss of both hands or amputation at higher sites 100 2 Loss of a hand and a foot 100 3 Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot 100 4 Loss of sight to such an extent as to render the claimant unable to perform any work for which eye sight is essential 100 5 Very severe facial disfigurement 100 6 Absolute deafness 100 3*[PART II LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT] Amputation cases-upper limbs (either arm) 4*[1] Amputation through shoulder joint 90 4*[2] Amputation below shoulder with stump less than 8" from 80 tip of acromion 4*[3] Amputation from 8" from tip of acromion to less than 70 4.5" below tip of olecranon 4*[4] Loss of a hand or of the thumb and four fingers of one 60 hand or amputation from 4.5" below tip of olecranon 4*[5] Loss of thumb 30 4*[6] Loss of thumb and its metacarpal bone 40 4*[7] Loss of four fingers of one hand 50 4*[8] Loss of three fingers of one hand 30 4*[9] Loss of two fingers of one hand 20 4*[10] Loss of terminal phalanx of thumb 20 ---------------------------------------------------------------------- 1. Subs. by Act 8 of 1959, s. 17, for the former Sch. I (w.e.f. 1-6- 1959). 2. Subs. by Act 64 of 1962, s. 9, for the former heading (w.e.f. 1- 2-1963). 3. Ins. by s. 9, ibid. (w.e.f. 1-2-1963). 4. Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48 respectively by s. 9, ibid. (w.e.f. 1-2-1963). 46 (Schedule I.) ---------------------------------------------------------------------- Serial Description of injury Percentage No. of loss of earning capacity ---------------------------------------------------------------------- Amputation cases-lower limbs 1*[11] Amputation of both feet resulting in end-bearing stumps 90 1*[12] Amputation through both feet proximal to the metatarso- phalangeal joint 80 1*[13] Loss of all toes of both feet through the metatarso- 40 phalangeal joint 1*[14] Loss of all toes of both feet proximal to the proximal 30 inter-phalangeal joint 1*[15] Loss of all toes of both feet distal to the proximal 20 inter-phalangeal joint 1*[16] Amputation at hip 90 1*[17] Amputation below hip with stump not exceeding 5" in 80 length measured from tip of great trenchanter 1*[18] Amputation below hip with stump exceeding 5" in length 70 measured from tip of great trenchanter but not beyond middle thigh 1*[19] Amputation below middle thigh to 3.5" below knee 60 1*[20] Amputation below knee with stump exceeding 3.5" but 50 not exceeding 5" 1*[21] Amputation below knee with stump exceeding 5" 40 1*[22] Amputation of one foot resulting in end-bearing 30 1*[23] Amputation through one foot proximal to the metatarso- phalangeal joint 30 1*[24] Loss of all toes of one foot through the metatarso- 20 phalangeal joint Other injuries 1*[25] Loss of one eye, without complications, the other 40 being normal 1*[26] Loss of vision of one eye, without complications or 30 disfigure- ment of eye-ball, the other being normal Loss of-- A.--Fingers of right or left hand Index finger 1*[27] Whole 14 1*[28] Two phalanges 11 ---------------------------------------------------------------------- 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). 47 ---------------------------------------------------------------------- Serial Description of injury Percentage No. of loss of earning capacity ---------------------------------------------------------------------- 1*[29] One phalanx 9 1*[30] Guillotine amputation of tip without loss of bone 5 Middle finger 1*[31] Whole 12 1*[32] Two phalanges 9 1*[33] One phalanx 7 1*[34] Guillotine amputation of tip without loss of bone 4 Ring or little finger 1*[35] Whole 7 1*[36] Two phalanges 6 1*[37] One phalanx 5 1*[38] Guillotine amputation of tip without loss of bone 2 B.--Toes of right or left foot Great toe 1*[39] Through metatarso-phalangeal joint 14 1*[40] Part, with some loss of bone 3 Any other toe 1*[41] Through metatarso-phalangeal joint 3 1*[42] Part, with some loss of bone 1 Two toes of one foot, excluding great toe 1*[43] Through metatarso-phalangeal joint 5 1*[44] Part, with some loss of bone 2 Three toes of one foot, excluding great toe 1*[45] Through metatarso-phalangeal joint 6 1*[46] Part, with some loss of bone 3 Four toes of one foot, excluding great toe 1*[47] Through metatarso-phalangeal joint 9 1*[48] Part, with some loss of bone 3.] 2*[NOTE.--Complete and permanent loss of the use of any limb or member referred to in this Schedule shall be deemed to be the equivalent of the loss of that limb or member.] ---------------------------------------------------------------------- 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. 48 SCHE See section 2 (1) (n)

SCHEDULE II [See section 2 (1) (n)] LIST OF PERSONS WHO, SUBJECT TO THE PROVISIONS OF SECTION 2 (1) (n), ARE INCLUDED IN THE DEFINITION OF WORKMEN The following persons are workmen within the meaning of section 2 (1) (n) and subject to the provisions of that section, that is to say, any person who is-- 1*[2*[(i) employed, otherwise than in a clerical capacity or on a railway, in connection with the operation 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, otherwise than in a clerical capacity, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act, 1948 (63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made 3*[whether or not employment in any such work is within such premises or precincts], and steam, water or other mechanical power or electrical power is used; or (iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises wherein or within the precincts where of twenty or more persons are so employed;

4*** 3*[Explanation.--For the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article shall be deemed to be employed within such premises or precincts; or] --------------------------------------------------------------------- 1. Subs. by Act 15 of 1933, s. 21, for cls. (i) to (xiii). 2. Subs. by Act 8 of 1959, s. 18, for cls. (i) to (ix) (w.e.f. 1-6- 1959). 3. Ins. by Act 64 of 1962, s. 10 (w.e.f. 1-2-1963). 4. The word "or" omitted by s. 10, ibid. (w.e.f. 1-2-1963). 48A (iv) employed in the manufacture or handling of explosives in connection with the employer's trade or business; or (v) employed, in any mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952),in any mining operation or in any kind of work, other than clerical work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or (vi) employed as the master or as a seaman of-- (a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or (b) any ship not included in sub-clause (a), of twenty-five tons net tonnage or over; or (c) any sea-going ship not included in sub-clause (a) or sub-clause (b) provided with sufficient area for navigation under sails alone; or (vii) employed for the purpose of-- (a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the Indian Ports Act, 1908 (15 of 1908), of goods which have been discharged from or are to be loaded into any vessel; or (b) warping a ship through the lock; or (c) mooring and unmooring ships at harbour wall berths or in pier; or (d) removing or replacing dry dock caisoons when vessels are entering or leaving dry docks; or (e) the docking or undocking of any vessel during an emergency; or (f) preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or 48B (g) any work on jolly-boats for bringing a ship's line to the wharf; or (viii) employed in the construction, maintenance, repair or demolition of-- (a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof; or (b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or (c) any road, bridge, tunnel or canal; or (d) any wharf, quay, sea-wall or other marine work including any moorings of ships; or (ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or] (x) employed, otherwise than in a clerical capacity, in the construction, working, repair or demolition of any aerial ropeway, canal, pipe-line, or sewer; or (xi) employed in the service of any fire brigade; or (xii) employed upon a railway as defined in clause (4) of section 3, and sub-section (1) of section 148 of the Indian Railways Act, 1890 (9 of 1890), either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or (xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service 1*[or as a telegraphist or as a postal or railway signaller], or employed in any occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs Department; or (xiv) employed, otherwise than in a clerical capacity, in connection with operations for winning natural petroleum or natural gas; or (xv) employed in any occupation involving blasting operations; or ---------------------------------------------------------------------- 1. Ins. by Act 8 of 1959, s. 18 (w.e.f. 1-6-1959). 48C (xvi) employed in the making of any excavation in which on any one day of the preceding twelve months more than 1*[twenty-five] persons have been employed or explosives have been used, or whose depth from its highest to its lowest point exceeds 2*[twelve] feet; or (xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or (xviii) employed, otherwise than in a clerical capacity, on any estate which is maintained for the purpose of growing 3*[cardamom], cinchona, coffee, rubber or tea, and on which on any one day in the preceding twelve months twenty-five or more persons have been so employed; or (xix) employed, otherwise than in a clerical capacity, in the generating, transforming or supplying of electrical energy or in the generating or supplying of gas; or (xx) employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse Act, 1927 (17 of 1927); or (xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or (xxii) employed in the training, keeping or working of elephants or wild animals; or 4*[(xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forest fires; or (xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or] 5[(xxv)] employed as a diver; 4*[or (xxvi) employed in the handling or transport of goods in, or within the precincts of,-- (a) any warehouse or other place in which goods are stored, and in which on any one day of the preceding twelve months ten or more persons have been so employed, or ---------------------------------------------------------------------- 1. Subs. by Act 8 of 1959, s. 18, for "fifty" (w.e.f. 1-6-1959). 2. Subs. by s. 18, ibid., for "twenty" (w.e.f. 1-6-1959). 3. Ins. by Act 64 of 1962, s. 10 (w.e.f. 1-2-1963). 4. Ins. by Act 9 of 1938, s. 11. 5. Original cl. (xxiii) renumbered (xxv) by s. 11, ibid. 48D-48F (b) any market in which on any one day of the preceding twelve months 1*[fifty] or more persons have been so employed; or (xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contact with radio-active substances;] 2*[or] 2*[(xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the Indian Aircraft Act, 1934 (22 of 1934); or (xxix) employed in farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or (xxx) employed, otherwise than in a clerical capacity, in the construction, working, repair or maintenance of a tubewell ; or (xxxi) employed in the maintenance, repair or renewal of electric fittings in any building ; or (xxxii) employed in a circus.] Explanation.--In this Schedule, "the preceding twelve months" relates in any particular case to the twelve months ending with the day on which the accident in such case occurred.]

3*[SCHEDULE III (See section 3) LIST OF OCCUPATIONAL DISEASES ---------------------------------------------------------------------- S. No. Occupational disease Employment ---------------------------------------------------------------------- (1) (2) (3) ----------------------------------------------------------------------

1. Infectious and parasitic dis- (a) All work involving exposure eases contracted in an occu- to health or laboratory work; pation where there is a parti- cular risk of contamination. (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 carrying a parti- cular risk of contamination.

2. Diseases caused by work in All work involving exposure to compressed air. the risk concerned.

3. Diseases caused by lead or its All work involving exposure to toxic compounds. the risk concerned.

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

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

1. Diseases caused by phosphorus All work involving exposure to or its toxic compounds. the risk concerned.

2. Diseases caused by mercury or All work involving exposure to its toxic compounds. the risk concerned.

3. Diseases caused by benzene or All work involving exposure to its toxic homologues. the risk concerned.

4. Diseases caused by nitro and All work involving exposure to amido toxic derivatives of the risk concerned. benzene or its homologues.

5. Diseases caused by chromium All work involving exposure to or its toxic compounds. the risk concerned.

6. Diseases caused by arsenic or All work involving exposure to its toxic compounds. the risk concerned.

7. Diseases caused by radioactive All work involving exposure to substances and ionising radia- the action of radioactive sub- tions. stances or ionising radiations.

8. Primary epitheliomatous can- All work involving exposure to cer of the skin caused by tar, the risk concerned. pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances.

9. Diseases caused by the toxic All work involving exposure to halogen derivatives of hydro- the risk concerned. carbons (of the aliphatic andaromatic series).

10. Diseases caused by carbon All work involving exposure to disulphide. the risk concerned.

11. Occupational cataract due to All work involving exposure to infra-red radiations. the risk concerned.

12. Diseases caused by manganese All work involving exposure to or its toxic compounds. the risk concerned.

13. Skin diseases caused by physi- All work involving exposure to cal, chemical or biological the risk concerned. agents not included in other items.

14. Hearing impairment caused All work involving exposure to by noise. the risk concerned.

15. Poisoning by dinitrophenol or All work involving exposure to a homologue or by substitut- the risk concerned. ed dinitrophenol or by the salts of such substances.

16. Diseases caused by beryllium All work involving exposure to or its toxic compounds. the risk concerned.

17. Diseases caused by cadmium All work involving exposure to or its toxic compounds. the risk concerned.

18. Occupational asthma caused All work involving exposure to by recognised sensitising the risk concerned. agents inherent to the work process.

19. Diseases caused by fluorine or All work involving exposure to its toxic compounds. the risk concerned.

20. Diseases caused by nitrogly- All work involving exposure to cerine or other nitroacid the risk concerned. esters.

21. Diseases caused by alcohols All work involving exposure to and ketones. the risk concerned.

22. Diseases caused by asphy- All work involving exposure to xiants: carbon monoxide, and the risk concerned. its toxic derivatives, hydrogen sulfide.

23. Lung cancer and mesothelio- All work involving exposure to mas caused by asbestos. the risk concerned.

24. Primary neoplasm of the epi- All work involving exposure to thelial lining of the urinary the risk concerned. bladder or the kidney or the ureter. ---------------------------------------------------------------------- 1. Subs. by Act 8 of 1959, s. 18, "one hundred" (w. e. f. 1-6-1959). 2. Ins. by s. 18. ibid. (w.e.f.1-6-1959). 3. Subs. by Act 22 of 1994, s. 6 (w.e.f. 1-7-1994).

1. Pneumoconioses caused by All work involving exposure to sclerogenic mineral dust (sili- the risk concerned. cosis, anthraoosilicosis, as- bestosis) and silico-tubercu- losis provided that silicosis is an essential factor in causing the resultant incapacity or death.

2. Bagassosis. All work involving exposure to the risk concerned.

3. Bronchopulmonary diseases All work involving exposure to caused by cotton, flax hemp the risk concerned. and sisal dust (Byssinosis).

4. Extrinsic allergic alveelitis All work involving exposure to caused by the inhalation of the risk concerned. organic dusts.

5. Bronchopulmonary diseases All work involving exposure to caused by hard metals. the risk concerned." ---------------------------------------------------------------------- 1. Subs. by Act 8 of 1959, s. 18, "one hundred" (w.e.f. 1-6-1959). 2. Ins. by s. 18. ibid. (w.e.f.1-6-1959). 3. Subs. by Act 22 of 1994, s. 6 (w.e.f. 1-7-1994). 48G SCHE See section 4 2*[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 Factors workman immediately preceding the date on which the compensation fell due ---------------------------------------------------------------------- 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 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).