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managing agent means any person appointed or acting as the representative of another person for the purpose of carrying on such other person's trade or business, but does not include an individual manager subordinate to an employer; State Amendment West Bengal. in section 2, in sub-section (1), after clause (f), insert the following clause, namely: (ff) 'medical reference' means a qualified medical practitioner appointed under section 24A as a medical reference for the purposes of this Act'. Vide Bengal Act 6 of 1942, sec. partial disablement means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a 6 employee in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time: provided that every injury specified 8 in Part II of Schedule I shall be deemed to result in permanent partial disablement. total disablement means such disablement, whether of a temporary or permanent nature, as incapacitates 15 an employee for all work which he was capable of performing at the time of the accident resulting in such disablement: 16 Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent. If, in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent.
Of such amount by way of penalty: Provided that an order for the payment of penalty shall not be passed under clause (b) without giving a reasonable opportunity to the employer to show cause why it should not be passed. For the purposes of this sub-section, scheduled bank means a bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934). 48 where the whole of the continuous period of service immediately preceding the accident during which the 47 employee was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the 47 employee shall be 49. the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by 50 an employee employed on the same work by the same employer, or, if there was no 47 employee so employed, by a workman employed on similar work in the same locality;. 51 52 in other cases including cases in which it is not possible for want of necessary information to calculate the monthly wages under clause (b), the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period.
53. Explanation. A period of service shall, for the purposes of 54 this 55 section be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days. On the deposit of any money under sub-section (1), 62 as compensation in respect of a deceased 59 employee the Commissioner 63.
shall, if he thinks necessary, cause notice to be published or to be served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensation. If the Commissioner is satisfied after any inquiry which he may deem necessary, that no dependant exists, he shall repay the balance of the money to the employer by whom it was paid.
The Commissioner shall, on application by the employer, furnish a statement showing in detail all disbursements made. 67 Where the Commissioner varies any order under sub-section (8) by reason of the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner hereinafter provided in section 31. STATE AMENDMENTS Andhra Pradesh.
In section 8, to sub-section (4), add the following proviso, namely: Provided that in respect of a workman belonging to an establishment to which the Andhra Pradesh Labour Welfare Fund Act, 1987 applies, the Commissioner shall pay the said balance of the money into the fund constituted under that Act in lieu of repaying to the employer. Vide Andhra Pradesh Act 34 of 1987, sec. If the claim is 76 preferred in respect of the death of a 77 an employee resulting from an accident which occurred on the premises of the employer, or at any place where the 78 employee at the time of the accident was working under the control of the employer or of any person employed by him, and the 78 employee died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred,. Where a Commissioner receives information from any source that a 87 an employee has died as a result of an accident arising out of and in the course of his employment, he may send by registered post a notice to the workman's employer requiring him to submit, within thirty days of the service of the notice, a statement, in the prescribed form, giving the circumstances attending the death of the 88 employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death. 115 No compensation shall be payable under this Act in respect of any injury in respect of which provision is made for payment of a gratuity, allowance or pension under the War Pensions and Detention Allowances (Mercantile Marine, etc. ) Scheme, 1939, or the War Pensions and Detention Allowances (Indian Seamen, etc.) Scheme, 1941, made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act, 1939 (2 & 3 Geo. 83), or under the War Pensions and Detention Allowances (Indian Seamen) Scheme, 1942, made by the Central Government.
16 Returns as to compensation. The 120 State Government may, by notification in the Official Gazette, direct that every person employing 121 employees, or that any specified class of such persons, shall send at such time and in such form and to such authority, as may be specified in the notification, a correct return specifying the number of injuries in respect of which compensation has been paid by the employer during the previous year and the amount of such compensation together with such other particulars as to the compensation as the 120 State Government may direct. The State Government may, by notification in the Official Gazette, appoint any person 128 who is or has been a member of a State Judicial Service for a period of not less than five years or is or has been for not less than five years an advocate or a pleader or 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 to be a Commissioner for 129 Employee's Compensation for such 130.
area as may be specified in the notification. 23 Powers and procedure of Commissioners.
The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, 142 and the Commissioner shall be deemed to be a Civil Court for all the purposes of 143 section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). Of section 8 of the Factories Act, 1948 (63 of 1948), or under sub-section (1) of section 5 of the Mines Act, 1952 (35 of 1952), or by any other officer specified by the State Government in this behalf, authorised in writing by such person, or, with the permission of the Commissioner, by any other person so authorised.
STATE AMENDMENT Sections 24A and 24B West Bengal. After section 24, insert the following sections, namely: 24A.
Reference of disputed medical questions to a medical referee. (1) If any question arises in any proceedings under this Act pending before the Commissioner as to. 25 Method of recording evidence. The Commissioner may recover as an arrear of land-revenue any amount payable by any person under this Act, whether under an agreement for the payment of compensation or otherwise, and the Commissioner shall be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890 (1 of 1890). STATE AMENDMENT Section 31A West Bengal. After section 31, insert the following section, namely: 31A. Application of section 36 of Act XVIII of 1879 to touts in office of the Commissioner.
For prescribing the manner in which, and the standards by which, incapacity may be assessed. West Bengal. For Statement of Objects and Reasons, see Gazette of India, 1922, Pt.
313, and for Report of Joint Committee, see Gazette of India, 1923, Pt. This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941), to Goa, Daman and Diu by Reg. 12 of 1962, sec. 3 and Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, sec.
I, to Pondicherry by Reg. 7 of 1963, sec.
Federal Employees Compensation Act Pdf
I, and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, sec. 3 and Sch., and has also been declared in force in the district of Khondmals by sec.
Of the Khondmals Laws Regulation, 1936 (4 of 1936) and in the district of Angul by sec. Of the Angul Laws Regulation, 1936 (5 of 1936). Extended to Sikkim w.e.f. 1-11-1986 vide G.S.R. 529 (E), dt. This Act has been modified in its application to apprentices under the Apprentices Act, 1961 (52 of 1961) by sec. 178 36 Rules made by Central Government to be laid before Parliament.
The following are the major differences between the Act (1923) and the Employee Compensation Act.Workmen Compensation Act, 1923Employee Compensation ActThe insured party is called workman or workmen in the actThe insured party is called employee or employees in the actClerks were not considered to as workmen and thus, not covered by the actClerks are treated as employees and are included in the actThe minimum payable compensation for death is Rs. 80,000The minimum payable compensation for death is revised to Rs.
1,20,000The minimum payable compensation for permanent total disability was Rs. 90,000The permanent total disability compensation is revised to Rs. 1,40,000No medical treatment expense reimbursement (but can be included by paying extra premium)The employees now can submit their medical expense bills for reimbursement for the injuries caused during the course of employmentMaximum wage was Rs. 4,000 for computing the death or permanent disability benefitsMaximum wage is Rs. 8,000 for computing the sameThe maximum funeral expenses payable was Rs. 2,500The maximum funeral expenses payable has been revised to Rs. 5,000No claim settlement time limitThe claims must be settled within three months from the intimationCase: 1Due to his family’s modest financial condition, he was unable to pursue his education further and therefore, soon after completing his 12th, Mukesh Saran started working in M.K.S Clothing.
He was working as a senior machine operator and earning Rs 9,000. Though the salary was not very high; it was sufficient to meet the ends.Read More:Destiny had a different plan for him and one day while working, his hand gloves caught between the machine and he suffered a major injury to his right arm. Some workers around him rushed him to a nearby hospital.His treatment was started immediately, however, the severity of the accident was so high that his right arm became permanently disabled.
When, after ten days, Mukesh was discharged from the hospital, his supervisor came to see him at his house.As the accident was occurred during the working hours, the supervisor advised him to file a claim under the workmen compensation insurance policy. Mukesh did the same and approached the insurer for claim settlement.Here the insurer approached M.K.S Clothing and asked for the complete report on the accident. Along with this, the insurer asked Mukesh to submit medical reports as well to know the extent of disability. Upon receiving all the documents and necessary details, the insurer reviewed them and settled the claim accordingly.As Mukesh was covered under the Workmen Compensation Act, he did not get reimbursement of medical expenses.
In this case, Mukesh incurred the medical expenses of Rs 60,000 and nothing was reimbursed by the insurer. The insurer paid compensation only for the permanent disability which was Rs 90,000. Case: 2For the last three years, Mr. Amt Shukla was working as a contractor with T.L. Construction Company.
His punctuality and dedication towards work were always appreciated by his seniors. Last year, he got married to his long-term girlfriend, Riya. When everything was looking amazing, life’s uncertainty turned Amit’s world upside down.One day at the construction site, he was inspecting the work when suddenly some rods, which were kept there for construction purpose, fell on him and he suffered serious injuries to his head and back. Workers at the site rushed him to a nearby hospital where doctors started the treatment immediately.Read More:Though doctors tried their best and saved Amit’s life; he got permanently disabled from the lower body due to the accident.Suddenly, the future of Amit’s family came at stake.
Amit was discharged after 15 days, and many of its colleagues came to see him. They advised him to file a claim under the Employee Compensation Act. As the accident occurred during working hours, he was entitled to get claim under the act. As T.L Construction Company had the employee compensation insurance policy, they approached the insurer who agreed to settle the claim.The insurer asked for the salary details of Amit along with medical reports to know the extent of disability. After analysing all the facts, the insurer agreed to settle the claim and paid the compensation of Rs. In this case, the insurer also settled the medical expenses incurred by Amit which was Rs 2 lakh.In the above case, both Mukesh and Amit were unfortunately got permanently disabled, however, the compensation received by both were different.
While Mukesh was covered under workmen compensation act, he got Rs 90,000, Amit was covered under employee compensation act and thus, received Rs 1,40,000.cta id=”984″ vid=”1″. Mobile number required Definitioner Claim Claim - means a demand made by You or on Your behalf for payment of Medical Expenses or any other expenses or benefits, as covered under the Policy Policy 'Policy' means this document of Policy describing the terms and conditions of this contract of insurance, including the company's covering letter to the insured if any, the Schedule attached to and forming part of this Policy, the Insured's Proposer form and any applicable endorsement thereon. The Policy contains details of the scope and extent of cover available to the Insured/Insured Person, the exclusions from the scope of cover and the terms and conditions of the issue of the Policy. Insured 'Insured' means the individual who has a permanent place of residence in India and on whose name the Policy is issued. Family 'Family' means the Insured, his/her lawful spouse and maximum of two dependent children up to the age of 23 years.
Xii) Arthritis, goutandrheumatism. Accident 'Accident' means a sudden, unforeseen and unexpected physical event beyond the control of the Insured/Insured Person resulting in bodily injury, caused by external, visible and violent means.