 the workmen's compensation (amendment) bill, 1962(as introduced in lor sabha on 19th november~ 1962)  the workmen's compensation (amendment) bill, 1962 (as introduced in lok sabra)a bill /urthet to amend the workmen's compensation act, 1923 be it enacted by parliament in the thirteenth year of the republic of india as follows:-1 (1) this act may be called the workmen's (amendment) act, 1962 compensation shott tldo anel cold-me'1ccllleot s (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 8 of 1923 2 in section 2 of the worlonen's compensation act, 1923 (herein- amendment , after referred to as the principal act), in sub-section (1) ,_ ohcqioo a 10 (i) in clause (g), for the words and figure "in schedule i", the words and figures "in part ii of schedule itt shall be substituted; (ii) in clause (i), for the proviso, the following proviso shall be substituted, namely:-"provided that permanent total disablement shall be is 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 or more;"; (iii) in sub-elause (li) of clause (n), for the words ulodt hundred rupees", the words "five hundred rupees" shall be substituted amendment 3 in section 3 of the principal act,-0{ uc:tion 3e (i) in sub-section (2), the following provisos shall be insert-5 ed at the end, namely:-"provided that if it is proved,-(4) that a workman whilst in the service of one or more employers in any employment specified in part c of schedule iii has -contracted a disease specified therein 10 as an occupational disease peculiar to that employment during a continuous period which is less than the period specified under this sub-section for that employment, and (b) that the disease has arisen out of and in the is course of the employment; the contracting of such disease shall be deemed to be an injury by accident within the meaning of this section: provided further that if it is proved that a workman who having served under any emp' oyer in any employment specified 20 in part b of schedule iii or who having served under one or more employers in any employment specified in part c of that schedule, for a continuous period specified under this sub-section for that mnployment and he has after the cessation of such service contracted any disease specified in the said part b or the said 2,s part c, as the case may be, as an occupational disease peculiar to ·the employment and that such disease arose out of the employ- men~ the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section";  -(ii)r for sub-section (2a), the followingsub-sec:tion· shall be 30 substituted, namely:-"~2a)' if a workman employed in any employment specified in ipart c of schedule iii· contracts any oceupational disease ·peculiar to that employment, the contracting whereof is deemed to-be an injury by accident within the meaning of 35  this section, end such employment was under more than one empia,er,ad such employe1"llhall be'liable for the-payment of the compensation in such proportion as thd commisa1oger may, in the circumstances, deem just" 4 in section 4 of the principal act; in sub-clause (i) of ~lause (c) ar4iij  ~, of sub-section (1), for the word and figure "schedule i", the words of clion 4-1 5 and figures "part ii of schedule i" shall be substituted 5 in section 10 of the principal act, in sub-section(l), after the amendment first proviso, the following provisos shall be inserted, namely:-ohcctiod 10 "provided further that in case of partial disablement due to the contracting of any such disease and which does not force the 10 workman to absent himself from work, the period of two years shall be counted from the day the workman gives notice of the disablement to his employer: provided further that if a workman who, having been em· ployed in an employment for a continuous period, specified under is sub-section (2) of section 3 in 'respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the·accident shall be deemed to have occurred on the day on which the symptos were first detected" 20 6 in sub-section (2) of section 18a of the prindpal act, for the amendment words "within six months of the date on which the offence is alleged ~~tio~ to have been committed', the words "within six months of the date on which the alleged'commission of the offence came to the knowledge of the ,commissioner" shall be substituted 25 7 in the principal act in sections 20 and ,21, the word wherever it occurs, shall be omitted '1ocal", amendment of sections 20ao4 :11 8 after section 35 of the principal act, the following section shall insertion of be inserted, namely:-~r- lcetlon "36 every rule made under this act by the central govem- rwea made 30 ment shall be laid as soon as may be after it is madebefore each ~o~~~cdt house of parliament while it is in session for a total period of torbe laiel hi d hh   beorc t rty ays w ic may be comprised in one be8bion or in two parliameltt succesaive sessions,' and if before the expiry of the session in which it is so laid or the session immediately following, both houses 3s agree in making ~nymodificatlon in the rule or both houses agree that the tule sliould·l'lotbe made; the rule shall " thereafter have effect' only in bueh modified fotm'1)r 'be 'of no effeet, as the case may be; 80 however that any ~  modiftcatloli or; annulment ahallbe without prejudice to the validity of anything previously done under that rule"    in sc~edule i of the principal act,-(i) for the heading "list of injvllles deemed to result in permanent partial disarlement" the following heading shall be 5 substituted namely:- "part i list of injuries deemed to result in permanent total disablement";(it) after serial no6 and the entries relating thereto, the 10 following heading shall be inserted, namely:- "part iilist 01' inj'tjilies dedod to result in permanent partial disablement"; -(iii) serial nos 7 to 54 shall respectively be re-numbered as is serial nos 1 to 48  10 in schedule ii of the principal act,-amcnctmenc ofscbeduie il (i> in clause (ii), after the words "with· any such manufacturing process or with the article made", the words "whether or not employment in any such work is within such premises or 20 precincts" shall be inserted; (ii) in clause (iii), (a) the word "or" occurring at the end shall be omittedj (b) the following explanation shall be inserted, namely:-25 "explanation-for the purposes of thia clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for u&e, transport or sale any 30 article or part of an article shall be deemed to be employed within such premises or precinctaj or"i the word (iii) in clause (xviii) after the word "growing", "cardamom" shall be inserted  11 in part b of schedule iii of the principal act,-amendment of schedule iii 5 (i) against the entry "poisoning by lead, its alloys or compounds or its sequelae excluding poisoning by lead tetra-ethyl" in the first column, for the words "use of lead" in the entry in the second column, the words "use of lead are or lead" shall be substitutec:t; 10 (ii) against the entry "poisoning by phosphorus or its compounds, or its sequelae" in the first column, for the entry in the second column, the following entry shall be substituted, namely:-15 "any process involving the liberation of phosphorus or use or handling of phosphorus or its preparations or compounds"; (iii) against the entry "poisoning by benzene, or its homologues their ami do and nitroderivatives or its sequelae" in the first column, for the entry in the second column, the following entry shall be substituted, namely:-20 "any process involving the manufacture, liberation, or use of benzene, benzene homologues and their amido and nitroderivatives" ; (iv) against the entry "chrome ulceration or its sequelae" in the first column, the following words shall be inserted at the end 2s in the entry in the second column, namely:-"or the manufacture of bichromate"; (v) against the entry "poisoning by halogenated hydrocarbons of the aliphatic series and their halogen d'erivatives" in the first column, for the word "distillation" in the entry in the second 30 column, the word "liberation" shall be substituted; (vi) after the existing entries the following entries shall be inserted, namely:-ccpoilodinl by manlanesc a1ly procell involving thc use of, or or a compound of manganclc, or handling of, or cxposure tc' the fum-3s itt  ,uelac cs, dust or vapour oc, manganesc or a compound of mangancsc or a labltance containing mangancse the orgaaic phophorus idiced- s ddel phorus inlec:ticides-he:a:aethyl teuaphosphate \hetp) tetraethyl pyrophosphate (tepp) add co-diethyl o-p-mtroplaeay1t1dophosphate (paratiuon) of schedule 12 for schedule iv of the principal act, the following schedule shall be substituted, namely:- compensation payable in certain cases| monthly wages            | of           | the workman    ||--------------------------|--------------|----------------|| injured                  |              |                || amount                   |              |                || of                       | compensation |                || half-monthly payment     |              |                || ter-                     |              |                || as compensation for tem· |              |                || porary                   |              |                || disablement              |              |                || death                    |              |                || permanent                |              |                || total                    |              |                || ,jisablement             |              |                || -                        |              |                || i                        |              |                || 2                        |              |                || 3                        |              |                || 4                        |              |                || -                        |              |                || more                     |              |                || than                     |              |                || but                      | not          | more           || than                     |              |                || ri                      |              |                || rs                      |              |                || rs                      |              |                || rs                      |              |                || ri np                  |              |                |0 10 - 1,000 1,400 hah' hja monthly wlllca 10 13 1,100 i,s40 do 13 18 1,200 1,680 6 so 18 21 1,260 1,764 7 00 21 24 1,440 2,016 8 00 | 24    ||-------|| 1,620 || 2,268 || 8     || so    || 27-   || 30    || 1,800 || 2,520 || 9     || so    || 30    || 35    || 2,100 || 2,94  || 0     || 9     || so    || 3s    || 40    || 2,400 || 3,360 || 10    || 00    |40 4s 2,700 3,780 13 00 45 so 3,000 4,200 13 00 so 60 3,600 s,04o 18 so 60 70 ·4,200 5,880 18 50 70 80 4,800 6,720 20 00 80 100 6,000 8,400 26 00 100 iso 7,000 9,800 37 so iso 200 7,000 9,800 s2 so 200 300 8,000 i1,zoo 60 co 300 400 9,000 12,600 7s 00 400   10j000 14000 87 so -the workmen's compensation act, 1923, -has been amendl!d several times; it was last amended in 1959 z the question of revising the rates of compensation has long been under consideration the present rates of compensation for workmen drawing monthly wages up to rs 300 were fixed in 1933 in 1946 when the wage limit for coverage was increased from rs 300 to rs 400, suitable rates of compensation were provided for workmen drawing monthly wages more than rs 300 the existing rates of compensation for death vary from a minimum of rs 500 for workmen in the lowest wage-group to a maximum of rs 4,500 for workmen in the highest wage-group for permanent total disablement the rates vary from a minimum of rs 700 to a maximum of rs 6,300 in view of the considerable rise in the cost of living these rates require revision and are now proposed to be doubled as recommended by the study group on social security (1958) and the sub-committee of the indian labour conference (17th session) compensation for temporary disablement is paid in the shape of half-monthly payments for a maximum period of 5 years, the rates of payments varying from a minimum of rs 5 to a maximum of rs30 these rates are also proposed to be revised so that they can be -brought as near as possible to the 'corresponding rates of disablement benefit admissible under the employees state insurance act, 1948 the sub-committee of the indian labour conference (17th session) had also recommended that the wage limit for coverage should be increased from rs 400 to rs 500 this is being done and suitable rates of compensation are being prescribed for workmen drawing monthly wages more than rs 400 opportunity is also being taken to make a few minor and consequential amendments, which mainly relate to-(i) clarifying that the first six injuries specified in schedule i to the act shall be deemed to result in permanent total disablement because they result in 100 per cent loss of earning capacity; (ii) enabling a workman to claim compensatio~ in-(0) if he contracts an occupational disease mentioned (1) part c of schedule iii in less than the period prescribed; (2) part b or part c of schedule iii at any time other than the prescribed period; (b) within two years from the date notice of disable ment is given in case of partial disablement due to an occupational disease where he is not forced to absent him· self from woil'k; (c) within two years from the date the symptoms of an occupational disease are detected if the symptoms develop after leaving employml!nt; (d) even if he is employed outside the premises or normal place of work but is employed for the purposes of the employer's trade or business; (iii) launcbing of prosecution within six months from the date on which the commission of an offence under section l8a comes to the knowledge of the commissioner; (iv) modifying the description of certain employments in the list of occupational diseases in schedule iii so as to bring them in line with ilo convention no 42 and adding manganese poisoning and follidol poisoning in the list of occupational diseases in part b of schedule iii the bill seeks to give effect to the above proposals new delhi; the 9th november, 1962 g l nanda the workmen' compensation act, it28, covers a latge l1umber of persons in central government undertakings such as the railways, posts and telegraphs, cpwd, etc some of the amendments proposed" in the bill will have the effect of increasing the liability of the employers (including the central gcwernment) for payment of compensation clause 2 (iii) of the bill seeks to increase the wage limit for coverage from rs 400 to rs 500 in clatwe 11, it is proposed to include manganese poisoning and follidol poisoning in the list of occupational diseases in schedule iii to the act for which compensation will be payable clause 12 seeks to replace schedule iv to the act by a revised schedule with a view to-(i) doubling the existing rates of compensation for death and pennanent total di,ablement, (ii) suitably revising the rates of compensation for tempor, disablement so that they can be brought as near as possible to the corresponding rates of benefit admissible under the employees state insurance act, 1948, (iii) providing suitable rates of compensation for workmen drawidl monthly wages more than rs 400 these proposals in so far as they concern the central government undertakings will thus involve increased expenditure from the consoltdaw!d fund of india as compensation becomes payable only in the event ot an employment injury resulting in disablement or death, it is not possible to estimate the amount of increased expenditure  extracts from the workmen's compensation act, 1923(8 of 1923) - - - - - ddlnitiuna 2 (1) in this act, unless there is anything repugnant in the subject or context,-- - - - - (g) "partial disablement" means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman 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 in schedule i shall be deemed to result in permanent partial disablement; - - - - - (1) "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement: provided that permanent total disablement shall be deemed to result from the permanent total loss of the sight of both eyes or from any combination of injuries specified in schedule i where the aggregate percentage of the loss of earning capacity, as specified in that schedule against those injuries, amounts to one hundred per cent; - - - - - ~,,  --~ -- (n) "workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is-(i) a railway servant as defined in section 3 of the indian railways act, 1890, not permanently employed in any adminis-9 of 1890 trative, district or sub-divisional office of a railway and not employed in any such capacity as is specified in schedule ii, or (ii) employed on monthly wages not exceeding four hundred rupees, in any such capacity as is specified in schedule ii, 3 - - - - - - - - - - (2) ~f r workman employ:ed in any employment specified in part ~i,:~en81-, a of schedule in contracts any disease specified therein as an occu· pational disease peculiar to that employment, or if a workman, whilst in the service 'of an employer in whose service he has been employed for a continuous period of not less than six'months (which period shall not include a period of service under any other employer in the same kind of employment) in any employment specified in part b of schedule iii, contracts any disease specified therein as an occupa· tional disease peculiar to that employment, or if a workman whilst in the service of one or more employers in any employment specified in part c of schedule iii for such continuous period as the central government may specify in fespect of each such employment, con· tracts an1'disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section and, un· less the contrary is proved, the accident shall be deemed to have arisen out of, and in the course of, the employment (2a) if any disease specified in part c of schedule iii as an occu· pational disease peculiar to that employment has been contracted by any workman during the continuous period specified under subsection (2) in respect of that employment and the workman has during such period been employed in such employment under more than one employer, all such employers shall be liable for the payment of compensation under this act ql such proportion as the commissioner may, in the circumstances, deem just - - -  - 4 (1) subject to the provisions of this act, the amount of com- amount of compensa· pensation shall be as follows, namely:-tion - - - - - (c) where permanent partial disablement results from the lnjury-(i) in the case of an injury specified in schedule i, such percentage of the compensation which would have been payable in the case of pennllllent total disablement as is specified notice and claim therein as being the perceqtage of the loss of earning capacity caused by that injury, arid - - - - - 10 (1) no claim for compensation shall be entertained by a commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death: penalties  provided that, where the accident is the contracting of a disease in respect of which the provisions of sub-section (2) of section 3 are applicable, the accident shall be deemed to have occurred on the first of the days during which the workman was continuously absent from work in consequence of the disablement caused by the disease: - - - - - 18a (1) whoever-- - - - - (2) no prosecution under this section shall be instituted except by or with the previous sanction of a commissioner, and no court shall take' cognizance of any offence under this section, unless complaint thereof is made within six months of the date on which the offence is alleged tc have b~n committed - - - - - ~f~:mm:t 20 (1) the state government may, by notification in the official sioners gazette, appoint any person to be a commissioner for workmen's compensation for such local area as may be specified in the notification (2) where more than one commissioner has been appointed for any local area, the state government may, by general or special order, regulate the distribution of business between them (3) any commissioner may, for the purpose of deciding any matter referred to him for decision under this act, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry (4) every commissioner shall be deemed to be a public servant   , 4' of 181)0' wlthtn the meamng of the indian penal code venue c?f 21 (1) where any matter is under this act to be done by or before ~~a commissioner, the same shall subject to the provisions of this act and to any rules made hereunder, be done by or befare a commissioner for the local area in which the accident took place- whi~h resulted in the injury: provided that, where the workman is the master of a ship or a seaman, any such matter may be done by or before a commissioner for the local area in which the owner or agent of the ship resides or curia on busidess (2) if a commissioner is satified that any matter arising out of an, pl:oceedings pending before him can be more conveniently dealt witll by any other commissioner, whether in the same state or not, he may, subject to rules made under this act, order such matter to be transferred to such other commissioner either for report or for disposal, and, if he does so, shall forthwith transmit to such other commissioner all documents relevant, for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the prescribed manner any money remaining in his hands or invested by, him for the benefit of any party to the proceedings: provided that the commissioner shall not, where any party to the proceedings has appeared before him, make any order of transfer relating, to the distribution among dependants of a lump sum without giving such party an opportunity of being heard: provided further that no matter other than a matter relating to the actual payment to a workman or the distributidb among dependants of a lump sum shall 'be transferred for disposal under this subsection to a commissioner in the same state save with the previous sanction of the state government or to a commissioner in another state save with the previous sanction of the sta~ government of that state, unless all the parties to the proceedings agree to the tran-- " " n~:"'''''1  er ' '!:t :-'~;' (3) the commissioner to whom any matter is so tr:ansferred shall subject to rules made under this act, inquire there into and, if the matter was tradsferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him (4) on receipt of a report from a commissioner to whom any matter has been transferred for report under sub-section (2), the commissioner by whom it was referred shall decide the matter referred in conformity with such report  (5) the state government may transfer any matter from any cbmmissioner appointed by it to any other commissioner appointed by it - - - -  schedule i list of injuries deemed to result in permanent partial disablementserial no description of injury percentage of loss of earning capacity 100 - i loss of both hands or amp:jtation at higher sites - - - 6 absolute deafness - - 100 - amputation cases-upper limbs (either arm) 7 amputation through shoulder joint - - - - schedule ii  [see section 2 (1) (n)]63 of j948 list of persons who, subject to ~ provisions of section 2 (1) (n), are included in the definition of workmen the following persons are workmen within the meaning of section 2 (1) (n) and sybject to the provisions of that section, that is to say, any person who is-- - - - - (ii) employed, otherwise than in a clerical capacity, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948, is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, and steam, water or other mechanical power or electrical power is used; or (iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises wherein or within the precincts whereof twenty or more persons are so employed; or - - - - - (xviii) employed, otherwise than in a clerical capacity, on any estate which is maintained for the purpose of growing cinchona, coffee, rubber or tea, and on which on anyone day in the preceding twelve months twenty-five or more persons have been so employed; or - - - - -  schedule iii (see section 3) list of occupational diseasesoc:cupational disease employment  part a part bany process involving the handq or uie of lead or any of its preparations or ompounds except lead tetra-etbyl poisoning by lead, its alloys or compounds or its sequelae excluding poisoning by lead tetra-ethyl any process involvm, the use of phosphorus or its preparations or compounds poisoning by phosphorus or its compounds or its sequelae poisoning by mer<:ury, its amalgams and an, process involving the use of mercury compounds, or its sequelae or its preparatiodi or compounds poisoning by benzene, or its homologues, any p'rocess involving the manufacture their amido and nitroderivatives or its distillation or use of benezene, benzol sequelae benezcne homologues and amido and nitroderivatives chrome ulceration or its sequelae any process involving the use of chromic acid or bichromate of ammonium potassium or sodium or their preparations poisoning by halogenated hydrocarbons of any p'rocesi involving the manufacture the aliphatic series and their halogen deridistillation and uie of hydrocarbons of vatives the aliphatic series and their halogen derivatives  schedule iv (see section 3)  compensation payable in certain cases amount of compensation for-monthly wagel of the work-permanent half-monthly payment a man injured death total discompensation for tem ablement porary disablement i 2 more than-but not more than--ri ra rs rs ri a 0 10 soo 100 half his monthly wage 170 10 is ,,0 , 0 x 2 3 4 18 21 630 882 7 0 21 24 720 1,008 ii 0 24 27 810 1,134 i i 27 30 900 1,260 , 0 30 3' 1,0,0 1,470 , - 3s 40 i,zoe 1680 10 0 40 4s 1,3,0 1,890 ii - 4' ,0 1,00 2,100 12 ii ,0 60 1,800 2520 i, 0 60 70 2100 2,ho 17 i 70 80 2400 3360 20 0 80 100 3000 4200 as 0 100 200 3500 4900 30 0 200 300 4000 s6oo jo 0 300 4,,00 6300 30 0  bnlfurther to amend the workmen's compensation act, 1923 the president has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha the consideration of the bill _ m n kaul, secretary (shri gulzarilal nanda, minister of planning and lohour and employment!) 