 the personal injuries (emergency provisions) bill, 1962(as introduced in lol{ sabra on 3rd dbcbmber, 1962)  provisions) bill, 1962 (as introduced in lolt sabra) a bill10 maice provision fcyr the grant of relief in respect of certain personal injuries sustained during the period 01 the emergency be it enacted by parliament in the thirteenth year of the republic of india as follows:-1 (1) this act may be called the 'personal injuri~ (emer- shon title, gency provisions) act, 1962 extent am commence-s (2) it extends to the whole of india ment (3) it shall be deemed to have come into force on the 26th day of october, 1962 "z in this act, unless the context otherwise requires,-definitions (1) "civil defence organisation"means any organisation 10 established for civil defence purposes which is declared by a scheme to be a civil defence organisation for the purposes of this act and the scheme; (2) "civil defence volunteer", in relation to an injury, means a person certified, by an officer of a civil defence organisation is authorised by the central government to grant such certificates, to have been a member of that organisation at the time when the injury was sustained; (3) "enemy" means-(i) any person or country committing external aggres-20 sion against india; (ii) any person belonging to any country committing such aggression; (iii) such other country as may be declared by the central government to be assisting the country committing such aggression; s (iv) any person belonging to such other country; (4) "gainfully occupied person" means a person who is engaged in any  trade, business, profession office, employment or vocation and is wholly or substantially dependen' thereon for a livelihood, or a person who, though temporarily unemployed, 10 is normally so engaged and dependent; (5) "period of the emergency" means the period beginning with 26th october, 1962, the date on which the proclamation of emergency under clause (1) of article 352 of the constitution was issued and ending with such date as the central govern- is ment may, by a notification in the official gazette d~clare to be the date on which the emergency shall come to an end; (6) "personal injury" means a physical or mental injury and includes any disease whether manifesting itself immediately or subsequently-20 - (a) caused by-(i) the' discharge of any missile (including liquid or gas or both), or (ii) the use of any weapon, explosive or other noxious thing, or 2s (iii) the doing of any other injurious act, either by the enemy or in combating the enemy or in repelling an imagined attack by the enemy; or (b) caused by the impact, on any pe::rson or property, of any enemy aircraft or any aircraft belonging to or held 3'0 by any person on behalf of or for the benefit of the government of india or any allied power, or any part of, or anything dropped from, any such aircraft; or (c) caused by any explosion or fire which involves any explosives or munitions or other dangerous things, required 3s for the purposes of defence against the enemy and which happens or is caused by, through, or in connection with the manufacture storage or transportation of any such explosive, munition or other dangerous things; (7) "personal service injury", in relation to a civil defence volunteer, means any physical or mental injury, and includes any disease whether manifesting itself immediately or subsequently, shown to the satisfaction of the central government s or other authority authorised to make payments under a scheme, to have arisen out of and in the course of the performance by the volunteer of his duties as a member of the civil defence organisation to which he belonged at the time when the injury was sustained or the disease was contracted, and (except in the 10 case of a personal injury) not to have arisen out of, :md in the course of, his employment in any other capacity: provided that before being so satisfied, the central government or other authority authorised to make payments under a  scheme shall have received from the civil defence organisation 15 of which the volunteer concerned was a member at the time when the injury was sustained or the disease was contracted, a report, by an officer of the organisation authorised by the central government to make such reports, about the injury (lr the disease in question; 20 (8) "sche-me" means a scheme made under this act 3 (1) the central government may make a scheme or schemes power to in accordance with the provisions of this act providing for the grant ~ r~~e f 1· f  t f th f 11   t'l d' th or re ie in o re ie in respec 0 e a owing injuries sus amea urmg e respect of period of the emergency namely: -pe~sonal in-,  junes and 25 (a) personal injuries sustained by gainfully occupied per- p~r8~~iser-, h  if b 'ftl· h vice injuries sons (with suc exceptions, any, as may e specl e'l 1d t e scheme) and by persons of such other classes as may be so specified; and (b) personal service injuries sustained by civil defence 30 volunteers (2) a scheme may authorise the central government or any authority authorised by the central government to make payments under the  scheme, in such circumstances and subject to such conditions as may be specified in the scheme, to make to or in 35 respect of persons injured, diseased or disabled due to injuries or any diseas&-(a) payments by way of temporary allowance, which shall be payable only so long as the person injure! or diseas('rl is i-capacitated for work by the injury or disease and has not rc-40 eeived any such payment as is mentioned in clause (b); (b) payments otherwise than by way of temporary anowanee, which shall be payable only where the iniury or disease causes ccrious and prolonged or permanent diablement or death; and (c) payments for the purchase of or the gritnt at the cost of government of artificial limbs or surgical or other appliances and payments for medical and surgical treatment (3) a scheme may empower the central government ~o make regulations for giving effect to the purposes of the scheme· s (4) a scheme may provide that it shall come into operation or shall be deemed to have come into operation on such date as may be specified therein  (5) a scheme may be amended or rescinded at any time by the central government 10 (6)any decision of the central government or other authority empowered to make payments under a scheme as to the making, refusal of amount, or as to the continuance or discontinuance, of a payment under a scheme may be varied, from time to time, by a subsequent decision of the central government or such authority, as the is case may be, but save in so far as it is so varied shall be final and conclusive ' ~e1~f from 4 (1) in respect of a personal injury sustained during the hablllty to  pa~ c:ompe~ period of the emergency by any other person, and in respect of a pe'r- tlon or de- sonal service injury sugtained during that period by a civil defence 20 1jiaici· volunteer, no such compensation or damages shall be payable, whether to the person injured or to any other person, as apart from the provisions of this sub-sect ion-(a) would be paygble under-(i) the workmen's compensation act, 1923, or (ii) the employees' state insurance act, 1948; or (b) would, whether by virtue or any enactment or by virtue of any contract or any custom or usage having the force of law, be payable-(i) in the case of a personal injury, by any person, or 30 (ii) in the case of a personal service injury sustained by a civil defence volunteer, by the employer of the volunteer, or by any person who has any· responsibility in connection with the volunteer's duties aa such or by any other civil defence volunteer, 35 on the ground that the injury in question was attributable to some negligence, nuisance or breach of duty for which the ?erson by whom the compensation or damages would be payable is responsible (2) the failure to give a notice or make a claim or commence 40 proceedings within th time required by any enactment shall not be a bar to the maintenance of proceedings in r~spect of any personal injury or personal service injury, if-(a) an application for a payment under a scheme has been duly made to the central government or other authority em-s powered to make payments under the scheme in respect of the injury; and (b) the court or other authority before which the proceedings are brought, is satisfied that the said application was made in the reasonable belief that the injury was such that a payment 10 could be made under the scheme; and (c) the central government or other authority empowered to make payments under the scheme certifies that the application was rejected, or that payments made in pursuance of the application were discontinued, on the ground that the injury was not is such an injury; and (d) the proceedings are commenced within one month from the date of the said certificate 5 > (1) where it is necessary, in order to determine the amount of information  as to carnany payment to be awarded under a scheme m respect of any per- ins • 20 sonal injury or personal service injury, to ascertain the earnings of the person injured in respect of any period before he sustained the personal injury or the personal service injury, the central government or other authority authorised to make payments under the scheme may, by notice in writing, require-(a) any person who was an employer of the injured person during that period; or (b) any other person having any knowledge with respect to the financial circumstances of the injured person during that period, 30 to furnish in accordance with the notice any information in his possession relating to those earnings or circumstances, and to produce to any person specified in the notice any wage books, records or other documents in his possession containing entries with respect to those earnings 3s (2) if any penon-(a) fails to comply with the requirements of any such notice, or (b) in purported compliance with any such notice, knowingly or recklassly makes any untrue statement or untrue re;>resentatton, or produces any document which is false in a maferial particular or calculated to deceive, he shall be punishable with fine which may extend to five hundred rupees 6 (1) the person iiuu18ging any dispelllllu'y or hospital shilll, if so required by the central or a state government by lederal or s special order-medical attention in dispensaries and hospitals (a~ provide at the dispensary or hospital medical and suflical treatment for persons who have sustained injuries of the nature specified in sub-section (1) of section 3, bdd (b) keep such records and make such returns relating to the 10 persons treated for such injuries as may be required by or under a scheme (%) if any person fails to comply, when so required, with the provisions of this section, he shall be punishable with flne which may extend to one thousand rupees is penalty for raise statement 7 any person who, for the purpose of obtaining a payment or grant under a scheme either for himself or for any other person, knowingly makes any untrue statement or untrue representation, shall be punishable with imprisonment for a term which may extend to three months 20 assignments 8 any assignment of, or charge on, and any agreement to assign °ber cha!ges ~o or charge, any payment awarded or to be awarded under a scheme vo~ - shall be void, and, on the ldsolvency of any person to whom such a payment has been awarded, the payment shall not pass to any trustee or other person acting on behalf of the creditors 25  statement of objects and reasonsthe war injuries ordinance, 1941 was promulgated during the last war in order to provide for grant of relief in respect of certain personal injuries sustained in the course of hostilities during that period although the ordinance still continues to remain in force its provisions cannot be invoked for the purpose of granting relief in respect of personal injuries sustained or that may be sustained during the period of the present emergency this has necessitated separate legislation 2 the bill seeks to empower the central government to formulate any scheme for grant of relief in respect of-(a) personal injuries sustained by gainfully occupied persons and by persons of such other classes as may be specified; and (b) personal service injuries sustained by civil defence volunteers persons suffering a personal injury or a personal service injury will not be entitled to any rellef under the workmen's compensation act, 1923 or the employees' state insurance act, 1948 the interests of workers covered by these two enactments will be protected either by amending the war injuries (compensation insurance) act, 1943 or undertaking separate legislation on the lines of this act, which provides for payment of compensation to the injured person roughly equal to the difference between the amount paid under the war injuries scheme and the amount payable under the workmen's compensation act, 1923 provision has also been made in the bill for powers to call or inormation regarding the earnings and financial circumstances of injured persons, for medical attention of injured persons in dispensaries and hospitals, and for penalties for making false statements or claims new delhi; g l nanda the 28th nooember 1982 clause 3 of the bill empowers the central government to frame a sc~eme to provide for grant of rellef in respect of personal injuries or personal service injuries sustained during· the period of present emergency the scheme to be framed may authorise the central government or any authority authorised by it to make payments under the scheme, in such circumstances and subject to such conditions as may be specified in the scheme clause 6 of the bill relates to medical attention in dispensaries and hospitals of persons sustaining personal injuries or personal service injuries the relief proposed will involve expenditure from the consolidated fund of india, the extent of which cannot be estimated at present clause 3 of the bill emdowers the central government to truu - scheme or schemes providing for the grant of relief in respect of personal injuries or personal service injuries sustained durinl the period of the emergency the scheme to be framed by the central government may authorise the central government or any authority authorised by it to make payments under the scheme the scheme may also empower the central government to make regu!atioill for giving effect to the purposes of the scheme the matters in respect of which pro\'ision can be made in a scheme or regulations are generally matters of procedure or detail the deleaation of power is, therefore, of a normal character - - - bill to mak~ pro":ision for the grant of relief in respect of certain personal injuries iustained durini the period of the emergency the prcsidl'dt has, in pursuance of clause (3) of article 117 of the constitution of india, recommend::d to lot sabha the consideration of the bill mn kaula s«r,,,, (shrl gularilgl nantm, minis,,, of planni", tii'ui la/j(iiii' and em,1d1""fll) 