The Workmen’s Compensation Act, 1923
Preamble
INDEX THE WORKMEN'S COMPENSATION ACT, 1923 Section Particulars Introduction CHAPTER I : PRELIMINARY 1. Short title, extent and commencement 2. Definitions CHAPTER II : WORKMEN'S COMPENSATION 3. Employer's liability for compensation 4. Amount of compensation 4A. Compensation to be paid when due and penalty for default 5. Method of calculating wages 6. Review 7. commutation of half-month payments 8. Distribution of compensation 9. Compensation not to be assigned, attached or charged 10. Notice and claim 10A. Power to require from employers statements regarding fatal accidents 10B. Reports of fatal accidents and serious bodily injuries 11. Medical examination 12. Contracting 13. Remedies of employer against stranger 14. Insolvency of employer 14A. Compensation to be first charge on assets transferred by employer 15. Special provisions relating to masters and seamen 15A. Special provisions relating to captains and other members of crew of aircrafts 15B. Special provisions relating to workmen abroad of companies and motor vehicles 16. Returns as to compensation 17. Contracting out 18. Proof of age 18A. Penalties CHAPTER III: COMMISSIONERS 19. Reference to Commissioners 20. Appointment of Commissioners 21. Venue of proceedings and transfer 22. Form of application 22A. Power of Commissioner to require further deposit in cases of fatal accident 23. Powers and procedure of Commissioners 24. Appearance of parties 25. Method of recording evidence 26. Costs 27. Power to submit cases 28. Registration of agreements 29. Effect of failure to register agreement 30. Appeals 30A. Withholding of certain payments pending decision of appeal 31. Recovery CHAPTER IV : RULES 32. Power of the State Government to make rules 33. [Repealed] 34. Publication of rules 35. Rules to give effect to arrangements with other countries for the transfer of money paid as compensation 36. Rules made by Central Government to be laid before asammiss. Turthe de Parliament SCHEDULE I List of injuries SCHEDULE II List of persons who, subject to the provisions of section 2(l)(n), are included in the definition of workmen SCHEDULE III List of occupational diseases SCHEDULE IV Factors for working out lump sum equivalent of compensation amount in case of permanent disablement and death IndiaCode THE WORKMEN'S COMPENSATION ACT, 1923 INTRODUCTION The growing complexity of industry in this country, with the increasing use of machinery and consequent danger to workmen, along with the comparative poverty of the workmen themselves, rendered it advisable that they should be protected, as far as possible from hardship arising from accidents. After a detailed examination of the question by the Government of India, Local Governments were addressed in July 1921, and provisional views of the Government of India were published for general information. The advisability of legislation had been accepted by the great majority of Local Governments and of employers' and workers' associations and the Government of India believed that public opinion generally is in favour of legislation. In June, 1922 a committee was convened to consider the question. After considering the numerous replies and opinions received by the Government of India, the committee was unanimously in favour of legislation, and drew up detailed recommendations. On the recommendations of the committee the Workmen's Compensation Bill was introduced in the Legislature. STATEMENT OF OBJECTS AND REASONS The general principles of workmen's compensation command almost universal acceptance and India is now nearly alone among civilised countries in being without legislation embodying those principles. For a number of years the more generous employers have been in the habit of giving compensation voluntarily, but this practice is by no means general. The growing complexity of industry in this country, with the increasing use of machinery and consequent danger to workmen, along with the comparative poverty of the workmen themselves, rende
Sections
Type to filter. 32 sections.
- 1Short title, extent and commencement
- 2Definitions
- 3
- 5Method of calculating wages
- 6Review
- 7Commutation of half-monthly payments
- 8Distribution of compensation
- 9Compensation not to be assigned, attached or charged
- 10Notice and claim
- 11Medical examination
- 12Contracting
- 13Remedies of employer against stranger
- 14Insolvency of employer
- 15Special provisions relating to masters and seamen
- 16Returns as to compensation
- 17Contracting out
- 18Proof of age
- 19Reference to Commissioners
- 20Appointment of Commissioners
- 21Venue of proceedings and transfer
- 22Form of application
- 23Powers and procedure of Commissioners
- 25Method of recording evidence
- 26Costs
- 27Power to submit cases
- 28Registration of agreements
- 29Effect of failure to register agreement
- 30Appeals
- 31Recovery
- 32Power of the 1[State Government] to make rules
- 33Power of Local Government to make rules
- 34Publication of rules
Provenance. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/0581dad8-3bf2-4e11-a642-347cc1ba2ee7.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/600b6ec3-9492-49f1-bada-3c020ba66744/content).
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 32 sections of this Act has its own page. This page is not a substitute for legal advice.