The Employees' Compensation Act, 1923 One Liner Notes

Download Android App Download iOS App
Note: 1. Use ORG Code: XLVPGR For IOS and Web APP. 2. To Download the PDF it is necessary to download the App. 3. You can Use Only Sigle Device to access the Courses on App

The Employees' Compensation Act,1923 One Liner Notes Pdf Download

THE EMPLOYEES' COMPENSATION ACT, 1923

PREAMBLE
What is the subject matter of the Employees' Compensation Act, 1923?	Payment of compensation by certain classes of employers to employees for injury by accident.
What is the Act number of the Employees' Compensation Act, 1923?	Act No. 8 of 1923.
On what date was the Employees' Compensation Act, 1923 enacted?	5th March, 1923.
What is the object of the Employees' Compensation Act, 1923 as stated in the Preamble?	To provide for payment of compensation by certain classes of employers to their employees for injury by accident.

CHAPTER – 1
PRELIMINARY
What is the subject matter of Section 1?	Short title, extent and commencement.
What is the short title of the Act?	The Employee's Compensation Act, 1923.
To what extent does the Employee's Compensation Act, 1923 extend?	It extends to the whole of India.
When did the Employee's Compensation Act, 1923 come into force?	On the first day of July, 1924.
What is the subject matter of Section 2?	Definitions.
What is the status of clause (a) of Section 2(1)?	Omitted.
Who is a "Commissioner" defined under clause (b) under the Act?	A Commissioner for Workmen's Compensation appointed under Section 20.
What does "compensation" mean defined under clause (c) under the Act?	Compensation as provided for by this Act.
Who are dependants under Section 2(1)(d)(i)?	A widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter, and a widowed mother.
Who is a dependant under Section 2(1)(d)(ii)?	A son or daughter who has attained 18 years of age and is infirm, if wholly dependent on the employee's earnings at the time of death.
Who are dependants if wholly or partly dependent on the employee's earnings at the time of death under Section 2(1)(d)(iii)?	A widower, parent other than a widowed mother, minor illegitimate son, unmarried illegitimate daughter, legitimate, illegitimate or adopted daughter if married and a minor or widowed and a minor, minor brother, unmarried sister, widowed sister if a minor, widowed daughter-in-law, minor child of a pre-deceased son, minor child of a pre-deceased daughter where no parent of the child is alive, and paternal grandparent if no parent of the employee is alive.
What is the extent of dependency required under Section 2(1)(d)(iii)?	Wholly or in part dependent on the employee's earnings at the time of death.
Who is included within the meaning of "son", "daughter" or "child" for the purposes of Section 2(1)(d)(ii) and items (f) and (g) of Section 2(1)(d)(iii)?	An adopted son, adopted daughter or adopted child, respectively.
Who is an employee under Section 2(1)(dd)(i)?	A railway servant as defined in Section 2(34) of the Railways Act, 1989, who is not permanently employed in any administrative district or sub-divisional office of a railway and is not employed in any capacity specified in Schedule II.
Who is an employee under Section 2(1)(dd)(ii)(a)?	A master, seaman or other member of the crew of a ship employed outside India in a capacity specified in Schedule II where the ship is registered in India.
Who is an employee under Section 2(1)(dd)(ii)(b)?	A captain or other member of the crew of an aircraft employed outside India in a capacity specified in Schedule II where the aircraft is registered in India.
Who is an employee under Section 2(1)(dd)(ii)(c)?	A person recruited as a driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle employed outside India in a capacity specified in Schedule II where the motor vehicle is registered in India.
Who is an employee under Section 2(1)(dd)(ii)(d)?	A person recruited for work abroad by a company and employed outside India in a capacity specified in Schedule II where the company is registered in India.
Who is an employee under Section 2(1)(dd)(iii)?	A person employed in any capacity specified in Schedule II, whether the contract of employment was made before or after the passing of the Act and whether it is express or implied, oral or in writing.
Who is excluded from the definition of "employee"?	A person working in the capacity of a member of the Armed Forces of the Union.
How is a reference to an injured employee construed where the employee is dead?	It includes a reference to his dependants or any of them.
What is the subject matter of Section 2(1)(e)?	Definition of "employer".
Who is included in the definition of "employer"?	Any body of persons whether incorporated or not, any managing agent of an employer and the legal representative of a deceased employer.
Who is deemed to be the employer when an employee's services are temporarily lent or let on hire to another person?	The person to whom the employee's services are temporarily lent or let on hire while the employee is working for him.
What is the subject matter of Section 2(1)(f)?	Definition of "managing agent".
Who is a "managing agent" under the Act?	A person appointed or acting as the representative of another person for carrying on that person's trade or business.
Who is excluded from the definition of "managing agent"?	An individual manager subordinate to an employer.
What is the subject matter of Section 2(1)(ff)?	Definition of "minor".
Who is a "minor" under the Act?	A person who has not attained the age of 18 years.
What is the subject matter of Section 2(1)(g)?	Definition of "partial disablement".
What is temporary partial disablement?	Disablement of a temporary nature reducing the earning capacity of an employee in any employment in which he was engaged at the time of the accident.
What is permanent partial disablement?	Disablement of a permanent nature reducing the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident.
What is deemed to result in permanent partial disablement?	Every injury specified in Part II of Schedule I.
What is the subject matter of Section 2(1)(h)?	Definition of "prescribed".
What does "prescribed" mean under the Act?	Prescribed by rules made under this Act.
What is the subject matter of Section 2(1)(i)?	Definition of "qualified medical practitioner".
Who is a qualified medical practitioner under the Act?	A person registered under any Central Act, Provincial Act or State Act providing for the maintenance of a register of medical practitioners.
Who may be declared a qualified medical practitioner where no law providing for the maintenance of a register of medical practitioners is in force?	A person declared by the State Government by notification in the Official Gazette for the purposes of this Act.
What is the status of Section 2(1)(j)?	Omitted.
What is the subject matter of Section 2(1)(k)?	Definition of "seaman".
Who is a "seaman" under the Act?	A person forming part of the crew of a ship, excluding the master of the ship.
What is the subject matter of Section 2(1)(l)?	Definition of "total disablement".
What is total disablement under the Act?	Disablement, whether temporary or permanent, which incapacitates an employee for all work which he was capable of performing at the time of the accident.
What is deemed to result in permanent total disablement?	Every injury specified in Part I of Schedule I.
When is a combination of injuries deemed to result in permanent total disablement?	When the injuries are specified in Part II of Schedule I and their aggregate percentage of loss of earning capacity is one hundred per cent or more.
What is the subject matter of Section 2(1)(m)?	Definition of "wages".
What is included in "wages" under the Act?	Any privilege or benefit capable of being estimated in money.
What is excluded from "wages" under the Act?	Travelling allowance, the value of any travelling concession, the employer's contribution towards any pension or provident fund, and any sum paid to cover special expenses entailed by the nature of employment.
What is the status of the clause following Section 2(1)(m)?	Omitted.
What is deemed to be the trade or business of a local authority or Government department for the purposes of this Act?	The exercise and performance of its powers and duties, unless a contrary intention appears.
Who may add a class of persons employed in a hazardous occupation to Schedule II?	The Central Government or the State Government by notification in the Official Gazette.
What is the minimum prior notice required before adding a class of persons to Schedule II?	Not less than three months' notice of the intention to do so.
What is the condition for adding a class of persons to Schedule II?	The Government must be satisfied that the occupation is hazardous.
What is the effect of a notification adding a class of persons to Schedule II by the Central Government?	The provisions of the Act apply to that class of persons within the territories to which the Act extends.
What is the effect of a notification adding a class of persons to Schedule II by the State Government?	The provisions of the Act apply to that class of persons within that State.
What may the Central Government or State Government specify while adding a class of persons to Schedule II?	That the provisions of the Act shall apply only in respect of specified injuries.

CHAPTER – 2
EMPLOYEE’S COMPENSATION
What is the subject matter of Section 3?	Employer's liability for compensation.
When is an employer liable to pay compensation under Section 3(1)?	When personal injury is caused to an employee by an accident arising out of and in the course of employment.
In accordance with what are compensation payments made under Section 3(1)?	The provisions of Chapter II.
When is an employer not liable for an injury under Section 3(1)(a)?	When the injury does not result in total or partial disablement of the employee for a period exceeding three days.
When is an employer not liable for an injury under Section 3(1)(b)?	When the injury does not result in death or permanent total disablement and is directly attributable to the specified misconduct of the employee.
When is an employer exempt from liability due to intoxication of the employee?	When the injury not resulting in death or permanent total disablement is directly attributable to the employee being under the influence of drink or drugs at the time of the accident.
When is an employer exempt from liability due to wilful disobedience by the employee?	When the injury not resulting in death or permanent total disablement is directly attributable to the employee's wilful disobedience of an expressly given order or an expressly framed rule for securing the safety of employees.
When is an employer exempt from liability due to removal or disregard of a safety device by the employee?	When the injury not resulting in death or permanent total disablement is directly attributable to the employee's wilful removal or disregard of a safety guard or other device which he knew had been provided for securing the safety of employees.
What is the subject matter of Section 3(2)?	Employer's liability for compensation in case of occupational diseases.
When is contraction of a disease by an employee employed in an employment specified in Part A of Schedule III deemed to be an injury by accident?	When the employee contracts an occupational disease specified in Part A as peculiar to that employment.
When is contraction of a disease by an employee employed in an employment specified in Part B of Schedule III deemed to be an injury by accident?	When the employee contracts an occupational disease specified in Part B after continuous service of not less than six months with the same employer in that employment.
Is service under another employer counted for the six-month period under Part B of Schedule III?	No, service under another employer in the same kind of employment is excluded.
When is contraction of a disease by an employee employed in an employment specified in Part C of Schedule III deemed to be an injury by accident?	When the employee contracts an occupational disease specified in Part C after continuous service for the period specified by the Central Government for that employment.
What is presumed when an occupational disease is deemed to be an injury by accident under Section 3(2)?	Unless the contrary is proved, the accident is deemed to have arisen out of and in the course of employment.
When is an employee serving for less than the specified period in Part C of Schedule III still deemed to have suffered an injury by accident?	When it is proved that the employee contracted the specified occupational disease during that shorter period and that the disease arose out of and in the course of the employment.
When is an occupational disease contracted after cessation of employment deemed to be an injury by accident in respect of Part B employment?	When it is proved that the employee had served the required continuous period in an employment specified in Part B, contracted the specified occupational disease after cessation of service, and the disease arose out of the employment.
When is an occupational disease contracted after cessation of employment deemed to be an injury by accident in respect of Part C employment?	When it is proved that the employee had served the continuous period specified under Section 3(2) in an employment specified in Part C, contracted the specified occupational disease after cessation of service, and the disease arose out of the employment.
What is the subject matter of Section 3(2A)?	Liability of multiple employers for occupational diseases under Part C of Schedule III.
Who is liable when an employee contracts a Part C occupational disease after employment under more than one employer?	All such employers.
How is compensation apportioned among multiple employers under Section 3(2A)?	In such proportion as the Commissioner deems just in the circumstances.
What is the subject matter of Section 3(3)?	Power to add employments to Schedule III and specify occupational diseases.
Who may add any description of employment to the employments specified in Schedule III?	The Central Government or the State Government.
What prior notice is required before adding an employment to Schedule III?	Not less than three months' notice by notification in the Official Gazette of the intention to do so.
What must the Government specify while adding an employment to Schedule III?	The diseases which shall be deemed to be occupational diseases peculiar to that employment for the purposes of Section 3.
What is the effect of adding an employment and specifying occupational diseases under Section 3(3)?	Section 3(2) applies as if those diseases had been declared by the Act to be occupational diseases peculiar to that employment.
What is the territorial effect of a notification issued by the Central Government under Section 3(3)?	It applies within the territories to which the Act extends.
What is the territorial effect of a notification issued by the State Government under Section 3(3)?	It applies within that State.
What is the subject matter of Section 3(4)?	Restriction on compensation for diseases.
When is compensation not payable in respect of a disease?	Unless covered by Sections 3(2), 3(2A) or 3(3), or the disease is directly attributable to a specific injury by accident arising out of and in the course of employment.
What is the subject matter of Section 3(5)?	Bar against simultaneous remedies.
Can an employee claim compensation under the Act after instituting a civil suit for damages for the same injury?	No.
When is a suit for damages not maintainable by an employee in respect of an injury?	When the employee has instituted a claim for compensation before a Commissioner.
When is a suit for damages not maintainable by an employee despite no claim before the Commissioner?	When the employee and employer have entered into an agreement for payment of compensation in accordance with the provisions of this Act.
What is the subject matter of Section 4?	Amount of compensation.
How is compensation calculated where death results from the injury?	Fifty per cent of the monthly wages of the deceased employee multiplied by the relevant factor or one lakh and twenty thousand rupees, whichever is higher.
How is compensation calculated where permanent total disablement results from the injury?	Sixty per cent of the monthly wages of the injured employee multiplied by the relevant factor or one lakh and forty thousand rupees, whichever is higher.
Who may enhance the minimum amount of compensation specified in Section 4(1)(a) and (b)?	The Central Government.
How may the Central Government enhance the amount of compensation under Section 4?	By notification in the Official Gazette.
What is the "relevant factor" for the purposes of Section 4(1)(a) and (b)?	The factor specified in the second column of Schedule IV corresponding to the completed years of the employee's age in the first column on his last birthday immediately preceding the date on which the compensation fell due.
On which date is the employee's age determined for calculating the relevant factor?	On the employee's last birthday immediately preceding the date on which the compensation fell due.
How is compensation calculated for permanent partial disablement where the injury is specified in Part II of Schedule I?	Such percentage of the compensation payable for permanent total disablement as is specified in Part II of Schedule I as the percentage of loss of earning capacity caused by that injury.
How is compensation calculated for permanent partial disablement where the injury is not specified in Schedule I?	Such percentage of the compensation payable for permanent total disablement as is proportionate to the permanent loss of earning capacity assessed by a qualified medical practitioner.
Who assesses the loss of earning capacity for injuries not specified in Schedule I?	A qualified medical practitioner.
How is compensation determined where more than one injury is caused by the same accident?	The compensation for the injuries shall be aggregated.
What is the maximum compensation payable where more than one injury is caused by the same accident?	It shall not exceed the compensation payable for permanent total disablement.
What shall a qualified medical practitioner have due regard to while assessing loss of earning capacity under Section 4(1)(c)(ii)?	The percentages of loss of earning capacity for different injuries specified in Schedule I.
What is the compensation payable where temporary disablement, whether total or partial, results from the injury?	A half-monthly payment equal to twenty-five per cent of the monthly wages of the employee payable in accordance with Section 4(2).
What shall the Commissioner consider while fixing compensation for an accident occurring outside India?	The amount of compensation, if any, awarded to the employee under the law of the country where the accident occurred.
How shall compensation be determined where compensation has already been awarded under the law of the country where the accident occurred?	The amount fixed under this Act shall be reduced by the amount awarded under the law of that country.
Who may specify monthly wages for the purposes of Section 4(1)?	The Central Government.
How may the Central Government specify monthly wages under Section 4(1B)?	By notification in the Official Gazette.
When is the first half-monthly payment payable where disablement lasts for twenty-eight days or more?	On the sixteenth day from the date of disablement.
When is the first half-monthly payment payable where disablement lasts for less than twenty-eight days?	On the sixteenth day after the expiry of a waiting period of three days from the date of disablement.
How long are half-monthly payments payable under Section 4(2)?	During the disablement or for five years, whichever period is shorter.
What amount shall be deducted from lump sum or half-monthly compensation under the first proviso to Section 4(2)?	Any payment or allowance received from the employer by way of compensation during the period of disablement before receipt of the lump sum or first half-monthly payment.
What is the maximum limit of a half-monthly payment under Section 4(2)?	It shall not exceed the excess of one-half of the employee's monthly wages before the accident over one-half of the monthly wages earned after the accident.
Is a payment received towards medical treatment treated as compensation for the purpose of deduction under Section 4(2)?	No.
What medical expenses are reimbursable under Section 4(2A)?	The actual medical expenditure incurred by the employee for treatment of injuries caused during the course of employment.
What is payable if disablement ceases before a half-monthly payment falls due?	A proportionate sum for the duration of the disablement during that half-month.
What additional amount must the employer deposit if the employee dies as a result of the injury?	Two thousand five hundred rupees towards funeral expenses.
With whom shall the employer deposit the funeral expenses under Section 4(4)?	The Commissioner.
To whom are funeral expenses payable where the employee leaves dependants?	The eldest surviving dependant.
To whom are funeral expenses payable where the employee had no dependant or was not living with the dependant at the time of death?	The person who actually incurred the funeral expenditure.
Who may enhance the amount of funeral expenses under Section 4(4)?	The Central Government.
How may the Central Government enhance the funeral expenses under Section 4(4)?	By notification in the Official Gazette.
What is the subject matter of Section 4A?	Compensation to be paid when due and penalty for default.
When shall compensation under Section 4 be paid?	As soon as it falls due.
What is an employer required to do if he does not accept liability for compensation to the extent claimed?	Make provisional payment based on the extent of liability accepted.
Where shall provisional payment be made under Section 4A(2)?	It shall be deposited with the Commissioner or made to the employee, as the case may be.
Does provisional payment prejudice the employee's right to make a further claim?	No.
When is an employer deemed to be in default under Section 4A(3)?	When compensation due under the Act is not paid within one month from the date it fell due.
What interest is payable on default in payment of compensation?	Simple interest at 12% per annum or such higher rate, not exceeding the maximum lending rate of any scheduled bank, as specified by the Central Government by notification in the Official Gazette.
Who directs payment of interest for default under Section 4A(3)?	The Commissioner.
When may the Commissioner impose a penalty on the employer for default?	When, in his opinion, there is no justification for the delay.
What is the maximum penalty that may be imposed under Section 4A(3)(b)?	Not exceeding 50% of the amount due.
What opportunity must be given before imposing a penalty under Section 4A(3)(b)?	A reasonable opportunity to the employer to show cause why the penalty should not be imposed.
What does "scheduled bank" mean for the purposes of Section 4A(3)?	A bank included for the time being in the Second Schedule to the Reserve Bank of India Act, 1934.
To whom are the interest and penalty payable under Section 4A(3)?	The employee or his dependant, as the case may be.
What is the subject matter of Section 5?	Method of calculating wages.
What does "monthly wages" mean under Section 5?	The amount of wages deemed to be payable for a month's service, whether payable monthly, for any other period or at piece rates, calculated in accordance with Section 5.
How are monthly wages calculated where the employee has served the employer continuously for not less than twelve months immediately preceding the accident?	One-twelfth of the total wages that fell due from the employer during the last twelve months of that period.
How are monthly wages calculated where the employee's continuous service immediately preceding the accident was less than one month?	The average monthly amount earned during the preceding twelve months by an employee doing the same work for the same employer or, if none, by an employee doing similar work in the same locality.
How are monthly wages calculated in cases other than those covered by clauses (a) and (b)?	Thirty times the total wages earned during the last continuous period of service immediately preceding the accident divided by the number of days comprising that period.
When does clause (c) apply because of lack of information?	When it is not possible to calculate monthly wages under clause (b) for want of necessary information.
When is a period of service deemed to be continuous for the purposes of Section 5?	When it has not been interrupted by a period of absence from work exceeding fourteen days.
What is the subject matter of Section 6?	Review.
Who may apply for review of a half-monthly payment under Section 6(1)?	The employer or the employee.
Which authority may review a half-monthly payment under Section 6(1)?	The Commissioner.
Which half-monthly payments are reviewable under Section 6(1)?	Half-monthly payments payable under the Act either under an agreement between the parties or under the order of a Commissioner.
What must ordinarily accompany an application for review under Section 6(1)?	A certificate of a qualified medical practitioner stating that there has been a change in the condition of the employee.
Can an application for review be made without a medical certificate?	Yes, subject to the rules made under the Act.
What orders may the Commissioner pass on review of a half-monthly payment?	He may continue, increase, decrease or end the payment.
When may a half-monthly payment be converted into a lump sum on review?	When the accident is found to have resulted in permanent disablement.
How is the lump sum determined when a half-monthly payment is converted under Section 6(2)?	The employee is entitled to the lump sum less the amount already received by way of half-monthly payments.
What is the subject matter of Section 7?	Commutation of half-monthly payments.
How may the right to receive half-monthly payments be redeemed?	By payment of a lump sum.
When may half-monthly payments be commuted by agreement?	By agreement between the parties.
When may either party apply to the Commissioner for commutation of half-monthly payments?	When the parties cannot agree and the payments have been continued for not less than six months.
Who may apply to the Commissioner for commutation under Section 7?	Either party.
How is the lump sum determined on commutation of half-monthly payments?	It is the amount agreed by the parties or, failing agreement, determined by the Commissioner.
What is the subject matter of Section 8?	Distribution of compensation.
How shall compensation be paid where the employee's injury has resulted in death?	Only by deposit with the Commissioner.
How shall a lump sum compensation payable to a woman or a person under a legal disability be paid?	Only by deposit with the Commissioner.
What is the effect of direct payment by the employer of compensation payable in cases covered under Section 8(1)?	It is not deemed to be a payment of compensation.
What advance may an employer make to a dependant of a deceased employee?	An advance on account of compensation equal to three months' wages of the deceased employee.
To what extent is an advance made by the employer deductible from compensation?	To the extent it does not exceed the compensation payable to that dependant.
What shall the Commissioner do with the deductible advance made by the employer?	Deduct it from the dependant's compensation and repay it to the employer.
Can compensation other than that covered by Section 8(1) be deposited with the Commissioner?	Yes, if it amounts to not less than ten rupees.
On whose behalf may compensation under Section 8(2) be deposited?	On behalf of the person entitled to it.
What is the effect of the Commissioner's receipt for compensation deposited with him?	It is a sufficient discharge in respect of the compensation deposited.
When may the Commissioner publish or serve notice to dependants after compensation is deposited?	When compensation is deposited in respect of a deceased employee and the Commissioner considers it necessary.
For what purpose does the Commissioner issue notice to dependants under Section 8(4)?	To require them to appear for determination of the distribution of compensation.
What shall the Commissioner do if satisfied that no dependant exists?	Repay the balance of the money to the employer.
What statement shall the Commissioner furnish to the employer on application?	A detailed statement of all disbursements made.
How shall compensation deposited in respect of a deceased employee be distributed?	It shall be apportioned among the dependants or any of them in such proportion as the Commissioner thinks fit.
Can the Commissioner allot the entire compensation to one dependant?	Yes, in his discretion.
What shall the Commissioner do where compensation is payable to a person who is neither a woman nor a person under a legal disability?	He shall pay the compensation to the person entitled thereto.
What is the Commissioner's discretion where compensation is payable to a woman or a person under a legal disability?	He may pay the compensation to the person entitled thereto.
How may a lump sum payable to a woman or a person under a legal disability be dealt with?	It may be invested, applied or otherwise dealt with for the benefit of the woman or the person during the disability, as directed by the Commissioner.
To whom may the Commissioner direct payment of a half-monthly payment payable to a person under a legal disability?	To any dependant of the employee or any other person whom the Commissioner considers best fitted to provide for the employee's welfare.
Can the Commissioner act on his own motion regarding payment of half-monthly compensation to a person under a legal disability?	Yes.
When may the Commissioner vary an order regarding distribution or application of compensation under Section 8(8)?	When satisfied that variation is necessary due to neglect of children by a parent, variation in the circumstances of a dependant, or any other sufficient cause.
What orders may the Commissioner vary under Section 8(8)?	Orders regarding distribution of compensation or the manner in which compensation payable to a dependant is invested, applied or otherwise dealt with.
What opportunity must be given before passing an order prejudicial to any person under Section 8(8)?	An opportunity to show cause why the order should not be made.
Can the Commissioner pass an order requiring a dependant to repay compensation already paid under Section 8(8)?	No.
When may the Commissioner recover compensation already paid under Section 8(9)?	When payment was obtained by fraud, impersonation or other improper means.
How shall compensation recoverable under Section 8(9) be recovered?	In the manner provided under Section 31.
What is the subject matter of Section 9?	Compensation not to be assigned, attached or charged.
What payments are protected under Section 9?	Every lump sum and half-monthly payment payable under this Act.
Can compensation payable under the Act be assigned or charged?	No, except as provided by this Act.
Can compensation payable under the Act be attached?	No.
Can compensation payable under the Act pass by operation of law to a person other than the employee?	No, except as provided by this Act.
Can any claim be set off against compensation payable under the Act?	No.
What is the subject matter of Section 10?	Notice and claim.
When can a Commissioner entertain a claim for compensation under Section 10(1)?	Only if notice of the accident has been given as soon as practicable and the claim is preferred within two years of the occurrence of the accident or, in case of death, within two years from the date of death.
Within what period must a claim for compensation be preferred in case of an accident?	Within two years of the occurrence of the accident.
Within what period must a claim for compensation be preferred in case of death?	Within two years from the date of death.
When is an occupational disease under Section 3(2) deemed to have occurred for the purposes of limitation?	On the first day during which the employee was continuously absent from work due to the disablement caused by the disease.
From which date is limitation computed in case of partial disablement due to an occupational disease where the employee does not absent himself from work?	From the day the employee gives notice of the disablement to the employer.
When is an occupational disease deemed to have occurred after cessation of employment?	On the day the symptoms were first detected, if the employee develops symptoms within two years of ceasing employment after completing the prescribed continuous period under Section 3(2).
When is want of, defect in, or irregularity in notice not a bar to entertaining a claim in case of death?	When the employee died as a result of an accident occurring on the employer's premises or at a place where he was working under the employer's control, and died there, on the employer's premises, or without leaving the vicinity of the place of accident.
When is want of, defect in, or irregularity in notice not a bar to entertaining a claim because of the employer's knowledge?	When the employer, any one of several employers, or a person responsible for the management of the relevant branch of the trade or business had knowledge of the accident at or about the time it occurred.
When may the Commissioner entertain and decide a claim despite delay in notice or claim?	When satisfied that the failure to give notice or prefer the claim in due time was due to sufficient cause.
What particulars must a notice under Section 10(2) contain?	The name and address of the injured person, the cause of the injury stated in ordinary language, and the date of the accident.
Upon whom may a notice under Section 10(2) be served?	The employer, any one of several employers, or a person responsible for the management of the branch of the trade or business in which the injured employee was employed.
What may the State Government require prescribed classes of employers to maintain under Section 10(3)?	A notice-book in the prescribed form at the premises where employees are employed.
Who may access the notice-book maintained under Section 10(3)?	Any injured employee employed on the premises and any person acting bona fide on his behalf.
When must the notice-book be accessible?	At all reasonable times.
How may a notice under Section 10 be served?	By delivering it at, or sending it by registered post to, the residence, office or place of business of the person to be served, or by entry in the notice-book where one is maintained.
What is the subject matter of Section 10A?	Power to require from employers statements regarding fatal accidents.
When may the Commissioner require an employer to submit a statement regarding a fatal accident?	When he receives information from any source that an employee has died as a result of an accident arising out of and in the course of employment.
How does the Commissioner require an employer to submit a statement under Section 10A(1)?	By notice sent by registered post.
Within what time must the employer submit the statement under Section 10A(1)?	Within thirty days of the service of the notice.
In what form must the statement under Section 10A(1) be submitted?	In the prescribed form.
What particulars must the employer's statement under Section 10A(1) contain?	The circumstances attending the employee's death and whether, in the employer's opinion, he is or is not liable to deposit compensation.
Within what time must the employer deposit compensation if he admits liability?	Within thirty days of the service of the notice.
What must an employer state if he disclaims liability to deposit compensation?	The grounds on which he disclaims liability.
What may the Commissioner do after an employer disclaims liability?	Conduct such enquiry as he thinks fit.
What may the Commissioner do after enquiry where the employer disclaims liability?	Inform any dependant of the deceased employee that it is open to the dependants to prefer a claim for compensation.
What further action may the Commissioner take after informing the dependants?	Give them such further information as he thinks fit.
What is the subject matter of Section 10B?	Reports of fatal accidents and serious bodily injuries.
When is a report required to be sent to the Commissioner under Section 10B(1)?	Where any law requires notice of an accident on the employer's premises resulting in death or serious bodily injury to be given to any authority.
Who is required to send the report under Section 10B(1)?	The person required to give notice of the accident under the relevant law.
Within what time must the report under Section 10B(1) be sent to the Commissioner?	Within seven days of the death or serious bodily injury.
What must the report under Section 10B(1) contain?	The circumstances attending the death or serious bodily injury.
When may the report be sent to an authority instead of the Commissioner?	Where the State Government has so prescribed and the report is sent to the authority to whom notice of the accident is required to be given.
What is "serious bodily injury" under Section 10B?	An injury involving, or probably involving, permanent loss of the use of or permanent injury to any limb, permanent loss of or injury to sight or hearing, fracture of any limb, or enforced absence from work for more than twenty days.
What power does the State Government have under Section 10B(2)?	It may extend the provisions of Section 10B(1) to any class of premises not otherwise covered.
What may the State Government specify while extending Section 10B(1)?	The persons who shall send the report to the Commissioner.
To which factories does Section 10B not apply?	Factories to which the Employees' State Insurance Act, 1948 applies.
What is the subject matter of Section 11?	Medical examination.
When is an employee required to submit to a medical examination after giving notice of an accident?	When the employer, before the expiry of three days from the service of the notice, offers free examination by a qualified medical practitioner.
Who bears the cost of the medical examination under Section 11(1)?	The employer.
Is an employee receiving half-monthly payments required to undergo medical examination?	Yes, if required, from time to time.
Can an employee be required to undergo medical examination otherwise than in accordance with the rules made under the Act?	No.
Can an employee be required to undergo medical examination more frequently than prescribed?	No.
Who may require an employee to undergo medical examination under Section 11(2)?	The employer under Section 11(1) or the Commissioner at any time.
What is the consequence if an employee refuses to submit to or obstructs a medical examination?	His right to compensation is suspended during the continuance of the refusal or obstruction.
When is refusal to undergo medical examination not a ground for suspension of compensation?	When the employee was prevented by sufficient cause from submitting to the examination.
What is the consequence if an employee voluntarily leaves the vicinity of the place of employment before the expiry of the period during which he may be required to undergo medical examination?	His right to compensation is suspended until he returns and offers himself for examination.
When may the Commissioner direct payment of compensation to the dependants despite suspension of the employee's right to compensation?	When an employee whose right to compensation was suspended under Section 11(2) or 11(3) dies without submitting to the required medical examination.
Who may receive compensation under Section 11(4)?	The dependants of the deceased employee.
Is compensation payable during the period of suspension under Section 11(2) or 11(3)?	No.
What is the effect if the period of suspension begins before the expiry of the waiting period under Section 4(1)(d)?	The waiting period is increased by the duration of the suspension.
What is the subject matter of Section 11(6)?	Effect of refusal of medical attendance or non-compliance with medical instructions.
When does Section 11(6) apply to an injured employee?	When he refuses free medical attendance offered by the employer or, after accepting it, deliberately disregards the medical practitioner's instructions.
What additional facts must be proved before Section 11(6) applies?	That the employee was not thereafter regularly attended by a qualified medical practitioner or deliberately failed to follow that practitioner's instructions, that the conduct was unreasonable, and that the injury was aggravated thereby.
How are the injury and resulting disablement assessed where Section 11(6) applies?	They are deemed to be of the same nature and duration as they would reasonably have been if the employee had been regularly attended by a qualified medical practitioner whose instructions he had followed.
How is compensation determined where Section 11(6) applies?	Compensation, if any, is payable on the basis of the deemed nature and duration of the injury and disablement.
What is the subject matter of Section 12?	Contracting.
When is the principal liable to pay compensation under Section 12(1)?	When, in the course of or for the purposes of his trade or business, he contracts with a contractor for execution of the whole or any part of work ordinarily forming part of his trade or business.
To whom is the principal liable to pay compensation under Section 12(1)?	An employee employed in the execution of the contracted work.
How is the principal's liability under Section 12(1) determined?	As if the employee had been immediately employed by the principal.
How does the Act apply when compensation is claimed from the principal?	References to the employer are construed as references to the principal.
On what basis is compensation calculated when claimed from the principal?	With reference to the wages of the employee under the employer by whom he is immediately employed.
Who is entitled to indemnity when the principal pays compensation under Section 12?	The principal is entitled to be indemnified by the contractor or any other person from whom the employee could have recovered compensation.
Who is entitled to indemnity where the contractor is himself a principal?	The contractor is entitled to be indemnified by any person standing to him in the relation of a contractor from whom the employee could have recovered compensation.
Who decides questions relating to the right to or amount of indemnity under Section 12(2)?	The Commissioner, in default of agreement.
Can an employee recover compensation from the contractor instead of the principal?	Yes.
When does Section 12 not apply?	When the accident occurs elsewhere than on, in or about the premises where the principal has undertaken or usually undertakes to execute the work or which are otherwise under his control or management.
What is the subject matter of Section 13?	Remedies of employer against stranger.
When does the right of indemnity under Section 13 arise?	When an employee has recovered compensation for an injury caused under circumstances creating a legal liability in another person to pay damages.
Who is entitled to be indemnified under Section 13?	The person who paid the compensation and any person who has been called upon to pay an indemnity under Section 12.
Against whom is indemnity available under Section 13?	The person legally liable to pay damages in respect of the injury.
What is the subject matter of Section 14?	Insolvency of employer.
When do the employer's rights against the insurer vest in the employee under Section 14(1)?	When the employer becomes insolvent, makes a composition or scheme of arrangement with creditors, or, if a company, commences to be wound up.
To whom are the employer's rights against the insurer transferred under Section 14(1)?	The employee.
Does the transfer of rights under Section 14(1) operate notwithstanding insolvency or company law?	Yes.
What rights and liabilities do insurers have after the transfer under Section 14(1)?	The same rights, remedies and liabilities as if they were the employer.
Can an insurer be made liable beyond its liability under the insurance contract?	No.
What is the employee's remedy if the insurer's liability is less than the employer's liability?	The employee may prove for the balance in the insolvency proceedings or liquidation.
When does Section 14(3) apply despite the insurance contract being void or voidable?	When the contract is void or voidable due to the employer's non-compliance with its terms or conditions other than payment of premiums.
What right do insurers have where Section 14(3) applies?	They may prove in the insolvency proceedings or liquidation for the amount paid to the employee.
When does Section 14(3) not apply?	When the employee fails to give notice to the insurers of the accident and resulting disablement as soon as practicable after becoming aware of the insolvency or liquidation proceedings.
Which compensation claims are treated as priority debts under Section 14(4)?	Compensation liabilities that accrued before the date of adjudication of insolvency or commencement of winding up.
When does a compensation liability qualify as a priority debt under Section 14(4)?	When it accrued before the order of adjudication of insolvency or the commencement of winding up.
How is the amount due for half-monthly payments determined for the purposes of Section 14?	It is deemed to be the lump sum for which the half-monthly payment could be redeemed under Section 7.
What is the evidentiary value of the Commissioner's certificate regarding the redeemable lump sum under Section 14(5)?	It is conclusive proof of that amount.
To what amounts does Section 14(4) also apply under Section 14(6)?	Amounts for which an insurer is entitled to prove under Section 14(3).
When does Section 14(4) otherwise not apply under Section 14(6)?	Where the insolvent or company being wound up has entered into an insurance contract referred to in Section 14(1).
When does Section 14 not apply to the winding up of a company?	When the company is wound up voluntarily merely for reconstruction or amalgamation with another company.
What is the subject matter of Section 14A?	Compensation to be first charge on assets transferred by employer.
When does compensation become the first charge on the employer's transferred assets under Section 14A?	When the employer transfers his assets before paying any compensation that had accrued before the date of transfer.
On which assets does the first charge under Section 14A operate?	The part of the transferred assets consisting of immovable property.
Does the first charge under Section 14A operate notwithstanding any other law?	Yes.
What is the subject matter of Section 15?	Special provisions relating to masters and seamen.
To whom does Section 15 apply?	Employees who are masters of ships or seamen.
On whom may notice of the accident and claim for compensation be served in the case of a seaman?	The master of the ship, as if he were the employer.
Does the provision permitting service on the master apply where the injured person is the master of the ship?	No.
When is a seaman not required to give notice of an accident?	When the accident happened and the disablement commenced on board the ship.
Within what period must a claim for compensation be made in case of the death of a master or seaman?	Within one year after the news of the death has been received by the claimant.
Within what period must a claim be made where the ship has been or is deemed to have been lost with all hands?	Within eighteen months of the date on which the ship was, or is deemed to have been, so lost.
Can the Commissioner entertain a delayed claim under Section 15(2)?	Yes, if satisfied that the failure to prefer the claim in time was due to sufficient cause.
When are depositions taken outside the place of proceedings admissible in evidence under Section 15(3)?	When an injured master or seaman is discharged or left behind in any part of India or in any foreign country.
Who may record depositions under Section 15(3)?	A Judge or Magistrate in India or a Consular Officer in a foreign country.
To whom must the recorded depositions be transmitted?	The Central Government or the State Government.
When is a deposition authenticated for admissibility under Section 15(3)?	When authenticated by the signature of the Judge, Magistrate or Consular Officer before whom it was made.
What opportunity must be given before a deposition is admissible under Section 15(3)?	The defendant or the person accused, as the case may be, must have had an opportunity to cross-examine the witness personally or through an agent.
What additional condition applies where the deposition was made in a criminal proceeding?	It must be proved that the deposition was made in the presence of the person accused.
Is proof of the signature or official character of the Judge, Magistrate or Consular Officer required?	No.
What is the evidentiary value of the certificate issued by the Judge, Magistrate or Consular Officer under Section 15(3)?	It is sufficient evidence, unless the contrary is proved, that the defendant or accused had an opportunity to cross-examine the witness and, where applicable, that the deposition was made in the presence of the accused.
What is the subject matter of Section 15(4)?	Restriction on half-monthly payments to masters and seamen.
When is no half-monthly payment payable to an injured master or seaman?	During the period in which the owner of the ship is liable under any law relating to merchant shipping to defray the expenses of his maintenance.
What is the subject matter of Section 15(5)?	Bar on compensation where war pension or similar benefits are payable.
When is compensation not payable under the Act to a master or seaman?	When provision is made for payment of a gratuity, allowance or pension under the War Pensions and Detention Allowances (Mercantile Marine, etc.) Scheme, 1939, the War Pensions and Detention Allowances (Indian Seamen, etc.) Scheme, 1941, or the War Pensions and Detention Allowances (Indian Seamen) Scheme, 1942.
What is the subject matter of Section 15(6)?	Saving where proceedings are delayed due to application under war pension schemes.
When does failure to give notice, make a claim or commence proceedings within time not bar proceedings under the Act?	When the conditions specified in Section 15(6) are fulfilled.
What is the first condition for maintaining proceedings under Section 15(6)?	An application for payment in respect of the injury was made under one of the schemes referred to in Section 15(5).
What must the State Government certify under Section 15(6)?	That the application was made in the reasonable belief that the scheme covered the injury and that it was rejected, or payments were discontinued, because the injury was not covered by the scheme.
Within what period must proceedings under the Act be commenced after the State Government's certificate is furnished?	Within one month from the date the certificate is furnished to the person commencing the proceedings.
What is the subject matter of Section 15A?	Special provisions relating to captains and other members of crew of aircrafts.
To whom does Section 15A apply?	Employees who are captains or other members of the crew of aircrafts.
On whom may notice of the accident and claim for compensation be served in the case of a crew member?	The captain of the aircraft, as if he were the employer.
Does the provision permitting service on the captain apply where the injured person is the captain?	No.
When is a member of the crew not required to give notice of the accident?	When the accident happened and the disablement commenced on board the aircraft.
Within what period must a claim for compensation be made in case of the death of the captain or other member of the crew?	Within one year after the news of the death has been received by the claimant.
Within what period must a claim be made where the aircraft has been or is deemed to have been lost with all hands?	Within eighteen months of the date on which the aircraft was, or is deemed to have been, so lost.
Can the Commissioner entertain a delayed claim under Section 15A(2)?	Yes, if satisfied that the failure to prefer the claim in time was due to sufficient cause.
When are depositions taken outside the place of proceedings admissible in evidence under Section 15A(3)?	When an injured captain or other member of the crew is discharged or left behind in any part of India or in any other country.
Who may record depositions under Section 15A(3)?	A Judge or Magistrate in India or a Consular Officer in a foreign country.
To whom must the recorded depositions be transmitted?	The Central Government or the State Government.
When is a deposition authenticated for admissibility under Section 15A(3)?	When authenticated by the signature of the Judge, Magistrate or Consular Officer before whom it was made.
What opportunity must be given before a deposition is admissible under Section 15A(3)?	The defendant or the person accused, as the case may be, must have had an opportunity to cross-examine the witness personally or through an agent.
What additional condition applies where the deposition was made in a criminal proceeding?	It must be proved that the deposition was made in the presence of the person accused.
Is proof of the signature or official character of the Judge, Magistrate or Consular Officer required?	No.
What is the evidentiary value of the certificate issued by the Judge, Magistrate or Consular Officer under Section 15A(3)?	It is sufficient evidence, unless the contrary is proved, that the defendant or accused had an opportunity to cross-examine the witness and, where applicable, that the deposition was made in the presence of the accused.
What is the subject matter of Section 15B?	Special provisions relating to employees abroad of companies and motor vehicles.
To whom does Section 15B apply?	Employees recruited by companies registered in India and working abroad, and persons sent abroad with motor vehicles registered under the Motor Vehicles Act, 1988 as drivers, helpers, mechanics, cleaners or other employees.
On whom may notice of the accident and claim for compensation be served under Section 15B(1)?	The local agent of the company or the local agent of the owner of the motor vehicle in the country where the accident occurred, as the case may be.
Within what period must a claim for compensation be made in case of the death of an employee covered by Section 15B?	Within one year after the news of the death has been received by the claimant.
Can the Commissioner entertain a delayed claim under Section 15B(2)?	Yes, if satisfied that the failure to prefer the claim in time was due to sufficient cause.
When are depositions taken outside the place of proceedings admissible in evidence under Section 15B(3)?	When an injured employee is discharged or left behind in any part of India or in any other country.
Who may record depositions under Section 15B(3)?	A Judge or Magistrate in India or a Consular Officer in a foreign country.
To whom must the recorded depositions be transmitted?	The Central Government or the State Government.
When is a deposition authenticated for admissibility under Section 15B(3)?	When authenticated by the signature of the Judge, Magistrate or Consular Officer before whom it was made.
What opportunity must be given before a deposition is admissible under Section 15B(3)?	The defendant or the person accused, as the case may be, must have had an opportunity to cross-examine the witness personally or through an agent.
What additional condition applies where the deposition was made in a criminal proceeding?	It must be proved that the deposition was made in the presence of the person accused.
Is proof of the signature or official character of the Judge, Magistrate or Consular Officer required?	No.
What is the evidentiary value of the certificate issued by the Judge, Magistrate or Consular Officer under Section 15B(3)?	It is sufficient evidence, unless the contrary is proved, that the defendant or accused had an opportunity to cross-examine the witness and, where applicable, that the deposition was made in the presence of the accused.
What is the subject matter of Section 16?	Returns as to compensation.
Who may require employers to furnish returns regarding compensation?	The State Government.
How may the State Government require employers to furnish returns under Section 16?	By notification in the Official Gazette.
Whom may the State Government require to furnish returns under Section 16?	Every person employing employees or any specified class of such persons.
What may the State Government specify in the notification under Section 16?	The time, form and authority to whom the return is to be sent.
What particulars must be included in the return under Section 16?	The number of injuries for which compensation was paid during the previous year, the amount of compensation paid, and such other particulars as the State Government may direct.
What is the subject matter of Section 17?	Contracting out.
What is the effect of a contract by which an employee relinquishes the right to compensation under the Act?	It is null and void to the extent that it removes or reduces any person's liability to pay compensation under the Act.
Does Section 17 apply to contracts made before the commencement of the Act?	Yes.
Does Section 17 apply to contracts made after the commencement of the Act?	Yes.
What type of injury is covered by the prohibition on contracting out under Section 17?	Personal injury arising out of or in the course of employment.
What is the subject matter of Section 17A?	Duty of employer to inform employee of his rights.
When shall an employer inform an employee of his rights to compensation under the Act?	Immediately at the time of employment.
Whose rights must the employer inform under Section 17A?	The employee's rights to compensation under this Act.
In what modes must the employer inform the employee of his rights?	In writing as well as through electronic means.
In which language shall the employer inform the employee of his rights under Section 17A?	In English, Hindi or the official language of the area of employment, as may be understood by the employee.
What is the subject matter of Section 18?	Proof of age.
What is the status of Section 18?	Repealed by the Workmen's Compensation (Amendment) Act, 1959 (8 of 1959) with effect from 1-6-1959.
What is the subject matter of Section 18A?	Penalties.
When is a person liable to penalty under Section 18A(1)(a)?	When he fails to maintain a notice-book required under Section 10(3).
When is a person liable to penalty under Section 18A(1)(b)?	When he fails to send to the Commissioner the statement required under Section 10A(1).
When is a person liable to penalty under Section 18A(1)(c)?	When he fails to send the report required under Section 10B.
When is a person liable to penalty under Section 18A(1)(d)?	When he fails to make the return required under Section 16.
When is a person liable to penalty under Section 18A(1)(e)?	When he fails to inform the employee of his rights to compensation as required under Section 17A.
What is the punishment under Section 18A(1)?	Fine of not less than fifty thousand rupees but which may extend to one lakh rupees.
Who may sanction prosecution under Section 18A(2)?	The Commissioner.
Can prosecution under Section 18A be instituted without the previous sanction of the Commissioner?	No.
Within what period must a complaint under Section 18A be made?	Within six months from the date on which the alleged commission of the offence came to the knowledge of the Commissioner.
Can a court take cognizance of an offence under Section 18A without a complaint made within the prescribed period?	No.

CHAPTER - 3
COMMISSIONERS
What is the subject matter of Section 19?	Reference to Commissioners.
Who settles questions arising under the Act regarding liability to pay compensation in the absence of agreement?	The Commissioner.
What questions regarding liability are decided by the Commissioner under Section 19(1)?	Any question as to the liability of any person to pay compensation, including whether the injured person is an employee.
What questions regarding compensation are decided by the Commissioner under Section 19(1)?	Any question as to the amount or duration of compensation, including the nature or extent of disablement.
When does the Commissioner decide questions under Section 19(1)?	In default of agreement.
Do Civil Courts have jurisdiction over matters required to be decided by the Commissioner under the Act?	No.
Can a Civil Court enforce a liability incurred under this Act?	No.
What is the subject matter of Section 20?	Appointment of Commissioners.
Who appoints a Commissioner for Workmen's Compensation under Section 20(1)?	The State Government.
How is a Commissioner for Workmen's Compensation appointed?	By notification in the Official Gazette.
Who is eligible for appointment as a Commissioner under Section 20(1)?	A person who is or has been a member of a State Judicial Service for not less than five years.
Who else is eligible for appointment as a Commissioner under Section 20(1)?	A person who is or has been an advocate or pleader for not less than five years.
Who else is eligible for appointment as a Commissioner under Section 20(1)?	A person who is or has been a Gazetted Officer for not less than five years having educational qualifications and experience in personnel management, human resource development and industrial relations.
For what area may a Commissioner be appointed?	Such area as may be specified in the notification.
What is the subject matter of Section 20(2)?	Distribution of business among Commissioners.
When may the State Government regulate the distribution of business among Commissioners?	Where more than one Commissioner has been appointed for any area.
How may the State Government regulate the distribution of business among Commissioners?	By general or special order.
What is the subject matter of Section 20(3)?	Assistance to the Commissioner in inquiry.
Who may assist the Commissioner in holding an inquiry under Section 20(3)?	One or more persons possessing special knowledge of any matter relevant to the inquiry.
For what purpose may the Commissioner choose persons with special knowledge?	To assist him in holding the inquiry for deciding a matter referred to him under the Act.
What is the subject matter of Section 20(4)?	Status of the Commissioner.
What is the legal status of every Commissioner under Section 20(4)?	Every Commissioner is deemed to be a public servant within the meaning of the Bharatiya Nyaya Sanhita.
What is the subject matter of Section 21?	Venue of proceedings and transfer.
Before which Commissioner shall a matter under the Act ordinarily be instituted?	The Commissioner for the area where the accident occurred, where the employee or dependant ordinarily resides, or where the employer has his registered office.
Which Commissioner's jurisdiction is based on the place of accident?	The Commissioner for the area where the accident resulting in the injury took place.
Which Commissioner's jurisdiction is based on the employee's or dependant's residence?	The Commissioner for the area where the employee or, in case of death, the dependant claiming compensation ordinarily resides.
Which Commissioner's jurisdiction is based on the employer's registered office?	The Commissioner for the area where the employer has his registered office.
What is required before a Commissioner other than the Commissioner having jurisdiction over the place of accident processes a matter?	He must give notice in the prescribed manner to the Commissioner having jurisdiction over the place of accident and the State Government concerned.
Which Government prescribes the manner of giving notice under the first proviso to Section 21(1)?	The Central Government.
Before which Commissioner may proceedings be instituted where the accident occurs outside India involving a master, seaman, captain, aircraft crew member, motor vehicle employee or employee of a company?	The Commissioner for the area where the owner or agent of the ship, aircraft or motor vehicle resides or carries on business, or where the registered office of the company is situated, as the case may be.
When may a Commissioner call for transfer of records or money under Section 21(1A)?	When he proceeds with a matter and the money has been deposited under Section 8 with another Commissioner.
Is the Commissioner holding the records or money bound to comply with a request under Section 21(1A)?	Yes.
When may a Commissioner transfer a matter to another Commissioner under Section 21(2)?	When he is satisfied that the matter can be more conveniently dealt with by another Commissioner.
Can a matter be transferred to a Commissioner in another State?	Yes.
For what purposes may a matter be transferred under Section 21(2)?	For report or for disposal.
What must the transferring Commissioner transmit when a matter is transferred under Section 21(2)?	All documents relevant to the decision of the matter.
What additional items must be transmitted when a matter is transferred for disposal?	Any money remaining in the Commissioner's hands or invested by him for the benefit of any party to the proceedings, in the prescribed manner.
When can a Commissioner transfer a matter relating to distribution of a lump sum among dependants?	Only after giving every party who has appeared before him an opportunity of being heard.
What shall the transferee Commissioner do when a matter is transferred for report?	Hold an inquiry and return his report.
What shall the transferee Commissioner do when a matter is transferred for disposal?	Continue the proceedings as if they had originally commenced before him.
How shall the referring Commissioner decide a matter after receiving a report under Section 21(4)?	In conformity with the report.
Who may transfer a matter from one Commissioner to another Commissioner appointed by it?	The State Government.
What is the subject matter of Section 22?	Form of application.
When may a claim for compensation be made before the Commissioner?	When an accident occurs giving rise to liability to pay compensation under this Act, subject to the provisions of the Act.
When can an application for settlement of a matter be made to the Commissioner?	Only after a question has arisen between the parties which they have been unable to settle by agreement.
To which applications does the requirement of prior disagreement between the parties not apply?	An application by a dependant or dependants for compensation.
In what form shall an application to the Commissioner be made?	In the prescribed form.
Shall an application to the Commissioner be accompanied by a fee?	Yes, if any fee is prescribed.
What must an application contain under Section 22(2)(a)?	A concise statement of the circumstances in which the application is made and the relief or order claimed.
What particulars regarding notice of accident must be stated in a compensation claim against an employer?	The date of service of notice of the accident on the employer or, if notice was not served or not served in time, the reason for the omission.
What particulars regarding the parties must an application contain?	The names and addresses of the parties.
What statement regarding agreement between the parties must an application contain?	A concise statement of the matters on which agreement has been reached and those on which agreement has not been reached.
To which applications does the requirement of stating matters agreed and not agreed not apply?	Applications by dependants for compensation.
What shall the Commissioner do if the applicant is illiterate or otherwise unable to furnish the required information in writing?	Prepare the application under his direction, if the applicant so desires.
What is the subject matter of Section 22A?	Power of Commissioner to require further deposit in cases of fatal accident.
When may the Commissioner require an employer to make a further deposit under Section 22A(1)?	When compensation deposited for the death of an employee is, in the Commissioner's opinion, insufficient.
How does the Commissioner require an employer to make a further deposit under Section 22A(1)?	By a written notice stating the reasons and calling upon the employer to show cause within the time specified in the notice.
What must the Commissioner's notice under Section 22A(1) contain?	The reasons for requiring a further deposit and the time within which the employer must show cause.
What may the Commissioner do if the employer fails to show cause to his satisfaction?	Make an award determining the total amount payable and require the employer to deposit the deficiency.
What is the subject matter of Section 23?	Powers and procedure of Commissioners.
What powers of a Civil Court does the Commissioner possess under Section 23?	All the powers of a Civil Court under the Code of Civil Procedure, 1908 for the purposes specified in the section.
For what purposes may the Commissioner exercise the powers of a Civil Court under Section 23?	Taking evidence on oath, enforcing the attendance of witnesses, and compelling the production of documents and material objects.
Can the Commissioner administer oaths while taking evidence?	Yes.
For what purposes is the Commissioner deemed to be a Civil Court?	For all the purposes of Section 215 and Chapter XXVIII of the Bharatiya Nagarik Suraksha Sanhita.
What is the subject matter of Section 24?	Appearance of parties.
Who may make an appearance, application or perform any act before a Commissioner on behalf of a person?	A legal practitioner duly authorised in writing.
Can an official of an Insurance Company represent a person before the Commissioner?	Yes, if authorised in writing.
Can an official of a registered Trade Union represent a person before the Commissioner?	Yes, if authorised in writing.
Can an Inspector appointed under Section 8(1) of the Factories Act, 1948 represent a person before the Commissioner?	Yes, if authorised in writing.
Can an Inspector appointed under Section 5(1) of the Mines Act, 1952 represent a person before the Commissioner?	Yes, if authorised in writing.
Can any other officer specified by the State Government represent a person before the Commissioner?	Yes, if authorised in writing.
Can any other person represent a party before the Commissioner?	Yes, with the permission of the Commissioner and if authorised in writing.
Which appearance cannot be made through an authorised representative under Section 24?	An appearance of a party required for the purpose of his examination as a witness.
What is the subject matter of Section 25?	Method of recording evidence.
How shall the Commissioner record the evidence of every witness?	By making a brief memorandum of the substance of the evidence as the examination proceeds.
Who shall write and sign the memorandum of evidence under Section 25?	The Commissioner with his own hand.
What is the evidentiary status of the memorandum recorded under Section 25?	It forms part of the record.
What shall the Commissioner do if he is prevented from making the memorandum himself?	Record the reason for his inability, cause the memorandum to be written from his dictation, and sign it.
What is the status of a memorandum prepared from the Commissioner's dictation?	It forms part of the record.
How shall the evidence of a medical witness be recorded?	As nearly as may be word for word.
What is the subject matter of Section 25A?	Time limit of disposal of cases relating to compensation.
Within what period shall the Commissioner dispose of a matter relating to compensation?	Within three months from the date of reference.
To whom shall the Commissioner intimate the decision under Section 25A?	The employee.
Within what period shall the Commissioner intimate the decision to the employee?	Within three months from the date of reference.
What is the subject matter of Section 26?	Costs.
Who has the discretion to award costs incidental to proceedings before the Commissioner?	The Commissioner, subject to the rules made under this Act.
What is the subject matter of Section 27?	Power to submit cases.
What may the Commissioner submit to the High Court under Section 27?	Any question of law.
When may the Commissioner submit a question of law to the High Court?	If he thinks fit.
How shall the Commissioner decide a question of law after referring it to the High Court?	In conformity with the decision of the High Court.
What is the subject matter of Section 28?	Registration of Agreements.
When must a memorandum of an agreement be sent to the Commissioner under Section 28(1)?	When the amount of any lump sum compensation has been settled by agreement, whether by redemption of a half-monthly payment or otherwise, or when compensation payable to a woman or a person under a legal disability has been settled by agreement.
Who is required to send the memorandum of the agreement to the Commissioner?	The employer.
When shall the Commissioner record the memorandum of the agreement?	On being satisfied as to its genuineness.
Where shall the Commissioner record the memorandum of the agreement?	In a register in the prescribed manner.
Can the Commissioner record the memorandum before seven days of communicating notice to the parties?	No.
When may the Commissioner rectify the register?	At any time.
When may the Commissioner refuse to record the memorandum of an agreement?	When the lump sum or compensation payable to a woman or a person under a legal disability is inadequate or the agreement was obtained by fraud, undue influence or other improper means.
What orders may the Commissioner pass upon refusing to record the memorandum?	Such order as he thinks just in the circumstances, including an order regarding any sum already paid under the agreement.
Is a registered agreement for payment of compensation enforceable notwithstanding the Indian Contract Act, 1872 or any other law?	Yes.
What is the subject matter of Section 29?	Effect of failure to register agreement.
What is the consequence if a memorandum required to be registered under Section 28 is not sent to the Commissioner?	The employer is liable to pay the full amount of compensation payable under this Act.
Can the employer deduct the entire amount already paid as compensation if the agreement is not registered?	No.
How much of the compensation already paid may the employer deduct where the agreement is not registered?	Not more than one-half of the amount paid by way of compensation, whether under the agreement or otherwise.
Who may permit deduction of more than one-half of the compensation already paid?	The Commissioner.
Does Section 29 operate notwithstanding the proviso to Section 4(1)?	Yes.
What is the subject matter of Section 30?	Appeals.
To which Court does an appeal lie under Section 30?	The High Court.
From which order does an appeal lie under Section 30(1)(a)?	An order awarding a lump sum as compensation, whether by redemption of a half-monthly payment or otherwise, or disallowing a claim wholly or partly for a lump sum.
From which order does an appeal lie under Section 30(1)(aa)?	An order awarding interest or penalty under Section 4A.
From which order does an appeal lie under Section 30(1)(b)?	An order refusing to allow redemption of a half-monthly payment.
From which order does an appeal lie under Section 30(1)(c)?	An order providing for distribution of compensation among the dependants of a deceased employee or disallowing a claim of a person alleging himself to be such dependant.
From which order does an appeal lie under Section 30(1)(d)?	An order allowing or disallowing a claim for indemnity under Section 12(2).
From which order does an appeal lie under Section 30(1)(e)?	An order refusing to register a memorandum of agreement, registering it, or directing its registration subject to conditions.
What is the first condition for an appeal under Section 30?	The appeal must involve a substantial question of law.
What is the minimum amount in dispute required for an appeal under Section 30, other than an appeal against an order under clause (b)?	Ten thousand rupees or such higher amount as the Central Government may notify in the Official Gazette.
When does no appeal lie because of an agreement between the parties?	When the parties have agreed to abide by the decision of the Commissioner or the Commissioner's order gives effect to their agreement.
What additional condition applies to an employer's appeal under Section 30(1)(a)?	The memorandum of appeal must be accompanied by a certificate of the Commissioner that the amount payable under the appealed order has been deposited with him.
What is the period of limitation for an appeal under Section 30?	Sixty days.
Is Section 5 of the Limitation Act, 1963 applicable to appeals under Section 30?	Yes.
What is the subject matter of Section 30A?	Withholding of certain payments pending decision of appeal.
What is the status of Section 30A?	Omitted by the Employee's Compensation (Amendment) Act, 2017 with effect from 15-5-2017.
What is the subject matter of Section 31?	Recovery.
How may the Commissioner recover any amount payable under the Act?	As an arrear of land revenue.
What amounts may the Commissioner recover under Section 31?	Any amount payable by any person under this Act, whether under an agreement for payment of compensation or otherwise.
What is the status of the Commissioner under the Revenue Recovery Act, 1890?	The Commissioner is deemed to be a public officer within the meaning of Section 5 of the Revenue Recovery Act, 1890.

CHAPTER - 4
RULES
What is the subject matter of Section 32?	Power of the State Government to make rules.
Who has the power to make rules under Section 32(1)?	The State Government.
For what purpose may the State Government make rules under Section 32(1)?	To carry out the purposes of this Act.
For what purpose may rules be made regarding applications for review under Section 6?	To prescribe the intervals and conditions for applications not accompanied by a medical certificate.
For what purpose may rules be made regarding medical examination under Section 11(1)?	To prescribe the intervals and conditions subject to which an employee may be required to undergo medical examination.
For what purpose may rules be made regarding proceedings before Commissioners?	To prescribe the procedure to be followed by Commissioners and the parties.
For what purpose may rules be made regarding transfer of matters?	To regulate the transfer of matters and cases between Commissioners and the transfer of money in such cases.
For what purpose may rules be made regarding investment of money by the Commissioner?	To prescribe the manner of investment for the benefit of dependants of a deceased employee and the transfer of such invested money between Commissioners.
For what purpose may rules be made regarding representation of parties?	To provide for the representation of minors and persons unable to appear in proceedings before Commissioners.
For what purpose may rules be made regarding memoranda of agreements?	To prescribe the form and manner in which memoranda of agreements shall be presented and registered.
For what purpose may rules be made regarding half-monthly payments?	To provide for withholding by Commissioners, wholly or partly, of half-monthly payments pending decision on review applications.
For what purpose may rules be made regarding costs?	To regulate the scales of costs allowable in proceedings under this Act.
For what purpose may rules be made regarding fees?	To prescribe and determine the fees payable in proceedings before a Commissioner.
For what purpose may rules be made regarding registers and records?	To provide for the maintenance of registers and records of proceedings by Commissioners.
For what purpose may rules be made regarding notice-books?	To prescribe the classes of employers required to maintain notice-books and the form of such notice-books.
For what purpose may rules be made regarding statements under Section 10A?	To prescribe the form of the statement to be submitted by employers.
For what purpose may rules be made regarding reports under Section 10B?	To prescribe the cases in which the report may be sent to an authority other than the Commissioner.
For what purpose may rules be made regarding abstracts of the Act?	To prescribe abstracts of the Act and require employers to display notices containing such abstracts.
For what purpose may rules be made regarding occupational diseases?	To prescribe the manner in which specified occupational diseases may be diagnosed.
For what purpose may rules be made regarding certification of diseases?	To prescribe the manner in which diseases may be certified for the purposes of this Act.
For what purpose may rules be made regarding assessment of incapacity?	To prescribe the manner and standards by which incapacity may be assessed.
What is the requirement regarding rules made under Section 32?	Every rule shall be laid before the State Legislature as soon as may be after it is made.
What is the subject matter of Section 33?	Power of Local Government to make rules.
What is the status of Section 33?	Repealed by the Adaptation of Orders, 1937.
What is the subject matter of Section 34?	Publication of rules.
What condition is attached to the rule-making power under Section 32?	The rules shall be made after previous publication.
What is the minimum period between publication of the draft rules and their consideration?	Not less than three months from the date of publication of the draft rules for general information.
Where shall rules made under Section 32 be published?	In the Official Gazette.
What is the effect of publication of rules in the Official Gazette?	They have effect as if enacted in this Act.
What is the subject matter of Section 33?	Power of Local Government to make rules.
What is the status of Section 33?	Repealed by the Adaptation of Orders, 1937.
What is the subject matter of Section 34?	Publication of rules.
What condition is attached to the rule-making power under Section 32?	The rules shall be made after previous publication.
What is the minimum period between publication of the draft rules and their consideration?	Not less than three months from the date of publication of the draft rules for general information.
Where shall rules made under Section 32 be published?	In the Official Gazette.
What is the effect of publication of rules in the Official Gazette?	They have effect as if enacted in this Act.
What is the subject matter of Section 35?	Rules to give effect to arrangements with other countries for the transfer of money paid as compensation.
Who may make rules under Section 35?	The Central Government.
How are rules under Section 35 made?	By notification in the Official Gazette.
For what purpose may rules be made under Section 35?	For the transfer to any foreign country of money deposited with a Commissioner under this Act which has been awarded to or may be due to a person residing or about to reside in that foreign country.
For what additional purpose may rules be made under Section 35?	For the receipt, distribution and administration in any State of money deposited under the workmen's compensation law of any foreign country which has been awarded to or may be due to a person residing or about to reside in any State.
Can compensation deposited in respect of a fatal accident be transferred to a foreign country without the employer's consent?	No.
When may compensation deposited in respect of a fatal accident be transferred to a foreign country?	After the employer's consent is obtained and the Commissioner receiving the sum has passed orders determining its distribution and apportionment under Section 8(4) and (5).
What is the effect of transfer of money under Section 35(2)?	The provisions regarding distribution of compensation by the Commissioner cease to apply to the transferred money.
What is the subject matter of Section 36?	Rules made by Central Government to be laid before Parliament.
Before whom shall every rule made by the Central Government under this Act be laid?	Each House of Parliament.
For what total period shall a rule be laid before Parliament?	Thirty days, which may be comprised in one session or in two or more successive sessions.
What is the effect if both Houses agree to modify a rule?	The rule thereafter has effect only in the modified form.
What is the effect if both Houses agree that a rule should not be made?	The rule thereafter has no effect.
Does modification or annulment of a rule affect acts previously done under it?	No.

The Employees' Compensation Act,1923 One Liner Notes Pdf Download

Free Judiciary Coaching

Free Judiciary Notes

Free Judiciary Mock Tests

Bare Acts

Similar Options

Useful Pages

Search...