Short title extend and commencement
(1) This Act may be called the Workmen's Compensation Act 1923.(2) It extends to the whole of India.(3) It shall come into force on the first day of July 1924....
Definitions In this Act unless there is anything repugnant in the subject or context
-[Clause (a) omitted w.e.f. 1-6-1959.](b) "Commissioner" means a Commissioner for Workmen's Compensation appointed under section 20;(c) "compensation" means c...
|Chapter II||Workmen's Compensation|
Employer's liability for compensation
(1) If personal injury is caused to a workman by accident arising out of and in the course of his employment his employer shall be liable to pay compensation ...
Amount of compensation
(1) Subject to the provisions of this Act the amount of compensation shall be as follows namely :-where death results from the injury an amount equal to fifty ...
Compensation to be paid when due and penalty for default
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 ...
Method of calculating wages
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 wage...
Review Any half-monthly payment payable under this Act
(1) 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 e...
Commutation of half-monthly payments
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 le...
Distribution of compensation
(1) No payment of compensation in respect of a workman whose injury has resulted in death and no payment of a lump sum as compensation to a woman or a person...
Compensation not to be assigned attached or charged
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 ...
Notice and claim
(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 a...
Power to require from employers statements regarding fatal accident
(1) Where a Commissioner receives information from any source that a workman has died as a result of an accident arising out of and in the course of his emplo...
Reports of fatal accidents and serious bodily injuries
(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 h...
(1) Where a workman 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...
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 contract with any o...
Remedies of employer against stranger
Where a workman has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the perso...
Insolvency of employer
Where any employer has entered into a contract with any insurers in respect of any liability under this Act to any workman then in the event of the employer ...
Compensation to be first charge on assets transferred by employer
Where an employer transfers his assets before any amount due in respect of any compensation the liability where for accrued before the date of the transfer ha...
Special provisions relating to master and seamen
This Act shall apply in the case of workmen who are masters of ships or seamen subject to the following modifications namely :-The notice of the accident and t...
Special provisions relating to captains and other members of crew of aircraft
This Act shall apply in the case of workmen who are captains or other members of the crew of aircraft subject to the following modifications namely :The notic...
Special provisions relating to workmen aboard of companies and motor vehicles
This Act shall apply -in the case of workmen who are persons recruited by companies registered in India and working as such aboard and persons sent for work ab...
Returns as to compensation
The State Government may by notification in the Official Gazette direct that every person employing workmen or that any specified class of such persons shall...
Contracting out Any contract or agreement
whether made before or after the commencement of this Act whereby a workman relinquishes any right of compensation from the employer for personal injury arisi...
|18||Proof of age [Repealed by the Workmen's Compensation (Amendment) Act 1959, (8 of 1959)]|
(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...
Reference of Commissioners
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 ...
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 area as may b...
Venue of proceedings and transfer
(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 hereu...
Form of application
(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 provisio...
Power of Commissioner to require further deposit in cases of fatal accident
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 C...
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 (whi...
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...
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 memorandu...
All costs incidental to any proceedings before a Commissioner shall subject to rules made under this Act be in the discretion of the Commissioner. ...
Power of 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 wi...
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...
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 employ...
(1) An appeal shall lie to the High Court from the following orders of a Commissioner namely :-(a) an order as awarding as compensation a lump sum whether by ...
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 th...
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 compen...
Power of the State Government to make rules
(1) The State Government may make rules to carry out the purpose of this Act.(2) In particular and without prejudice to the generality of the foregoing power ...
|33||Power of Local Government to make rules [Repealed by the A.O. 1937]|
Publication of rules
The power to make rules conferred by section 32 shall be subject to the condition of the rules being made after previous publication.The date to be specified i...
Rules to give effect to arrangements with other countries for the transfer of money paid as compensation
(1) The Central Government may by notification in the Official Gazette make rules for the transfer to any foreign country of money deposited with a Commission...
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 it is made before each House of Parliament while it is in sessi...
List Of Injuries Deemed To Result In Permanent Total DisablementS.No. Description of injury Percentage of loss of earning capacity 1. Loss of both hands or amp...
LIST OF PERSONS WHO SUBJECT TO THE PROVISIONS OF SECTION 2(1)(n) ARE INCLUDED IN THE DEFINITION OF WORKMENThe following persons are workmen within the meaning...
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 l...