thi bmploy~s' state inst1lw{ca (a-tnl1ftt"" _"igl'~'''i mll, 1965 (to be/as introduged in lok sabhi 1 page 4, line 12,-&tw "business" murt ", " 2 page 5, line 32,-~ ii(~  insert ", n 3 page 6, line 10,-m 'member", i diw 'member, iii 4 page 9, line 13,-m "benefit) s" ~ "nanall1-" 5 page 9, line 26,-~ "of" uiul "or" 6 page 11, line 3,-'~ "then", insert "," 7 page 11, line 34,-r§fore tile ss" wsart "not" 8 page 13, line 18,-m "when t!la!i "whether" 9 page 18, line 8,~ "  , ang "( 2)" insert -to pagat9, llne 31,-w iirestrospect1'v'elt'ua4~t"rospeeuv'8l1" 11 page 22, line 18,-i1lji! ';:::atad" m "" ~ ";" 12 page 2€ line g,-m "pavb1e" ~ "payable" 13 page 26, :1n9 20,-m "marrige" ~ "marr1agell 14 pag'e 26, li!'lc 2~,-~ ,lag9" m i';" n&sl,ii,"  15 page 26~ lilln 26,--w "secqd!>" ud 1isjd)j1)1i 16 page 27, line 34,_ &ttu "889" in!lir1j "cm" 17 page 28, line 34,-~ 1119" ~ "49"  18 page 28, l1ne'43,-jijlat "schedule" insert "shall" 19 page 29, line ,26,-m "pois1oning" lw "poisoning" m page 30, line e, attii "paraffine" inser1j 21 • page 30, line 45,-" " , m "artiel"" ~ "articles" 22 page 34, line 13 from bottom,-!,g,j: "rs·,oo" ~ "re 100" 23 page 37, line 1~ from bottom,-m "schedule i" tw "first schedule" 24 page 38, line 8,-rsu: "adjustment" j:w "adjustments" 25 page 40, l1ne 8,-:su: "maternity benefit jacts" ~ -"maternity ben~flt act" 26 page 4'7, line 11,-j!iji "contribution" ~ "contributions" p a7 ~  " _ ljge  ,-l ;;j ,-, (4)- - 1n line 24, m' "women" ru4 "wanan"; &nd - (11) in line 25, m "regulatioii"" l:u "regu]&t1alu" 28 l'ag~llne 2,-m "41" ~ "49" " ---- page 56, line t5 from bottom,-/' against sno7, under column 2, tg,): "7 0"1 ~ -"7 0 0" page 56,-against u)/l1ne 8 fran bottcjll" 1n the jdarc1,n, ~ "llav1ev ot" (11) line 14~ "whoe j:uii "whose" page 57, against example 3, 1n the marg1n, mu -improper-ii '-trom bottom 31 luw dahi must 17 ,965  sravana 26, 1887(saka)  bill no 50 of 1"$ the employees' state insurance (amendment) bill, 1965 a billfurther to amend the employees' state insurance act, 1948 be it enacted by parliament in the sixteenth year of the republic of india as follows:-1 (1) nus act may be called the employees' state insurance short ua (amendment) act, 1965 coiiudeacement ad s (2) it shah come into force on such date as the central govem- appucation ment may, by notification in the official gazette, appoint, and different dates may be appointed for different provisio~ of this act and for different states or for di1ferent parts thereof (3) 'when the provisions of this act amending the provisions of of 1948 10 the employees' state insurance act! 1948 (hereinafter referred to a~ the principal act) relating io sickness and maternity benefits come into' 'force in any state or any part of a state, then, those provisions of the principal act as amended by this act shall apply to any employee in that state or part only on (and not before) the expiry  qf the contribution period of such employee in force on the date of the coming into force of the said provisions of this act % in section 2 of the principal act,-amendment of metion 2 (1) after clause (6), the fouowing clause shall be inserted, namely:-s '(6a) "dependant" means any of the rfollowing relatives of a deceased insured person, namely:-(i) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter or a widowed mother; and 10 (ii) if wholly dependent on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of eighteen years and is infirm; (iii) if wholly or in part dependent on the earnings is of the insured person at the time of his death,-(a) a parent other than a widowed mother, (b) a minor illegitimate son, an unmarried illegitimate da~ghter or a daughter legitimate or adopted or illegitimate if married and a minor or 20 if widowed and a minor, (c) a minor brother or an unmarried sister or a widowed sister if a minor, (d) a widowed daughter-in-law, (e) a minor child of a pre-deceased son, 2 s (f) a minor child of a pre-deceased daughter where no parent of the child is alive, or (g) a paternal grand-parent if no parent of the insured person is alive;'; (2) for clause (8), the following clause shall be substituted, 30 namely:-'(8) "employment injury" means a personal injury to i yee caused by accident or an occupational disease an emp a      g out of and in the course of his employment, bemg ~:surable employment, whether the accident qccufs or 35 the occupational disease is contracted within or outside the territorial limits of india;'; (3) in clause (9) ,-(a) for the words "but does not include-" the follow- , mg words shall be substituted, namely:-5 10 "and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or bmnch thereof or with the purchase of raw materia13 for, or the distribution or sale of the products of,' the factory or establishment; but does not include-"; (b) for sub-clause (b), the following sub-clause shall be substituted, namely:-15 "(b) any person so employed whose w,es (exeluding remuneration for overtime work) exceed flve hundred rupees a month: 20 provided that an employee whose wa,,, (eseludinr remuneration for overtime work) exceed flve hundred rupees a month at any time after (and bot before) the beginning of the contribution period, shall continue to be an employee until the end of that period;"; (4) in clause (11), the words "where the insured person is a male," shall be omitted; (5) in clause (12) ,-(a) in the first paragraph,-25 (i) for the words "are working or were working", the words "are employed or were employed for wages" shell be substituted; (ii) for the words and figures "indian mines act, 1923", the words and figures "mines act, 1952" shall be substituted; " ot 1923 30 35 of 1952 (b) in the second paragraph, the follawing -shall be added at the end, namely:-"and includes a factory which is engaged for a period not exceeding seven months in a year-35  , ,{a) in any process of blending, packing or repacking of tea or cof!ee; or j "  (b) in such other manufacturing process as the central government may, by notification in the official gazette, specify";  (6) after clause (13), the following clause shall be inserted, bamely:-s '(13a) "insurable employment" means an employment ih a factory or establishment to which this act applies;'; (7) after clause (14), the following clauses shall be inserted, namely:-'(14a) "managing agent" means any person appointed 10 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; (14b) "mis-carriage" m£'3ns explusion of the contents is of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any mis-carriage, the causing of which is punishahle under the indian penal code;'; 45 of 1880 (8) after clause (15), the following clauses shall be insert- 20 ed, namely:-'(15a) "permanent partial disablement" means such disablement of a permanent nature, as reduces the earning capacity of an employee in every employment which he wa3 capable of undertaking at the time of the accident resulting 2s in the disa:blement: provided that every injury specified in part ii of the second schedule shall be deemed to result in permanent partial disablement; (15b) "permanent total disablement" means 8uch dis- 30 ablement of a permanent nature, as incapacitates an employee for all work which he ~as c:apable of performing at the' time of the accident resulting in such dlsablement: provided that permanent total disablement shall be deemed to result from every injury specified in part i of 35 the second schedule or from any combination of injurle specified in part ii thereof where the aggregate percentage of the loss ~ earning capacity, as specified in the said part ii against those injuries, amounts to one hundred per cent or more'''' i , s (9) in clause (21); for the word "work" occurring at the end, the words "doing the work which he was doing prior to or at the time of the injury" shall be substituted:  , (10) in clause (22), after the words "and includes", the words "any payment to an employee in respect of any period" 10 of authorised leave, lock-out, strike which ~not illegal or layoff and" shall be inserted; (11) for clause (24), the following clause shall be substituted, namely:-is 14 of 1947 "(24) all other words and expressions used but not defined in this act and defined in the industrial disputes act, 1947, shall have the meanings respectively assigned to them in that act" r 3 in chapter i of the principal act, ,fter section 2, the follow- idieriion ing section shall be inserted, namely:-ot dew 20 or' section' 2a "2a every factory or establishment to which this act reliltrltioa applies shall be registered within such time and in such manner of factories as may be specified in the regulations made in this behalf" =b-:'':;u 4 in section 4 of the principal act,-amend- ment of (a) !for clauses (a) and (b), the followmg clauses shall be aeetlod  2s substituted, namely: =--"(a) a chairman to be nominated by the central government; (b) a vice-chairman to be nominat~, by the central government;"; - (b) in clause (c), the words "of ~~om at least ~e shall be officials of the central government shall be oinltted; (c) in clause (h) the word "and" occurring at the end shall be omitted; 35 (d) for clause (i), lse following clauses shall be substituted, namel;' --"(i) three members of parliament of whom two shall be members of the house of the people (lot sabha) and one shall be a m~mber of the councll at states (rajya sabha) elected respectively by the members of the house of the people and the members of the counell of states; and (j) the director general of the corporation, ez-oflicio"  5 in section 5 of the principal act,- samendmentof section 5 (a)( in sub-section (1), for the words, brackets, letters and figure "the ex o1jicio members and memlbers referred to in clauses (ck-(d) and (e) of section 4,", tl:)e words, brackets, letters" and figure ''the members referred to in clauses (a), (b), (c), (d) and (e) of section 4 and the ex-oj1icio member", shall 10 :be substituted; (b) in sub-section (2), for the br&ckets, letters and word " (c) , (d) and (e) ", the brackets, letters add word  (ei) , (b), (c), (d) and (e)" shall be substituted 6 for section 7 of the principal act, the following section shall is be substituted, namely:-substitution of new  section for section '1 authentication'of ord~ decisicms, etc "7 all orders and decisions of the corporation shall be authenticated by the signature of the director general of the, corporation and all other instruments issued by the corporation shall be authenticated by the signature of the director generaj 20 or such other officer of the corporation as may be authadsed by him"  7 in section 8 of the principal act,-amendment of section 8 (a) in clause (b), for the words "being oftlcia1s of the central government, nominated by that government", the 2s words ''nominated by the centml government" shall be substituted; (b) in clause (c),-(i) for the word "six", the word "eight" shall be sub-~~ed; ~ (ii) in sub-clauses (ii) and (iii), for the word "two", the word "three" shall be sub~tituted; (c) after clause (c), the following clause shall be inserted, namely:-"(d) , the director general of the corporation, ex ofjf,cio" 3' ~ in section 10 o~e principal act, to sub-section (2) the fol- amendlowing proviso shall be added namely' -t f '  men 0 "provided that a member of the medical benefit councu aect10u 10 shall, notwithstanding the expiry of the said period of four 5 years continue to hold office until the nomination of his successor is notified"   9' in section 12 of the principal act, after sub-section (2), the amendfollowing bub-section shall be inserted, damely: _ ment of aecuoil 11 "(3) a person referred to in clause (i) of sectiod 4 shall 10 cease to be a member of the corporation when he ceases to be a member of paruament" 10 in section 16 of the principal act, in sub-section (3), after the amendwords "the' central govemm~t", the words "and of the corpora- ment ot t~o~" shall be inserted hct~j;l ·~8 15 11 in section 17 of the principal act,-amend-(a) in sub-section (3), for the words ''posts carrying a me~t of maximum monthly pay of five hundred rupees and above", the section 11 words and figures "posts corresponding to class i or class ii posts under the central government" shan be substituted; 20 (b) after sub-section (3) i the following sub-section shall be inserted, namely:-" (4) if any question arises whether a post corresponds to a class i or class ii post under the central government, the question shall be referred to that government whose decision thereon shall be final" , 25 12 sections 27 and 31 of the principal act shall be omitted omilsion ot aectioftl 27 and 31 13 in section 36 of the principal act, after the words "the audited amendaccounts of the corporation", the words and figures "together with ment of the auditor's report thereon under section 34" shall ·be inserted aec~~, ~ 30 ' 14 in section 41 of the principal act, the explanation occurring ~el!'!-at the endshall be omitted menttio°f~l  lee n  35 15 in section 42 of the principal act,-amendf h ds " ee" ment of (a) in sub-section (1), or t e wor one rup - section 42 the words "one rupee and fifty paise" shall be substituted; (b)' ub-section (2), for the words "during the whole or part ~~ ~hich an employee is employed" occurri~ at the end, the words "in respect of the whole or part of which wages are payable to the employee and not otherwise" shan be substituted; (c) sub-sections (4) and (5) shall be omitted amend-15 tn section 43 of the principal act, after clause (b), the folment ot lowing clause shall be inserted, namely: -$ section 43 " (bb) the dnte by which evidence of contributions having been p&!d is to be received by the corporation;" 17 in chapter iv of the principal act, after section 45, the following se~ions shall be inserted, namely:-insertion ot new sections 45a and 45b determination of contributions in certain cases "45a (1) where in respect of a factory or establishment 10 no returns, particulars, registers or records are su'bmitted, furnished or maintained in accordance with the provisions of section 44 or any inspector or other official of the corporation referred to in sub-section (2) of section 45 is obstructed by the principal or immediate employer or any other person, is in exercising his functions or discharging his duties under section 45, the corporation may, on the basis of information available to it, by order, determine the amount of contributions payable in resp~ct of the employees of that factory or esta'blishment 20 (2) an order made by the corporation under sub-section (1) shall be sufficient proof of the claim of the corporation under section 75 or for recovery of the amount determined by such- order as an arrear of land revenue under section 45b 45b any contribution payable under this act may be 2s recovered as an arrear of land revenue" recovery ot contributions 18 in s€dioll 46 of the principal act, in sub-section (1),-amend':" me~t ot section 46 (a) for the: words "or, as the case may be, their dependants", the words "their dependants or the persons hereinafter mentione-d, as th~ ca3e may be," shall be substituted; 30 (b) in clause (a), after the words "medical practitioner", the following words shall be inserted, namely:-"or by <,uy other person 'possessing such qualifications and ~xperie~·ce as the corporation may, by regulations, specify in this behalf'; 3s (c) for clause (b), the following clause shan be substituted, namely:-  " (b) periodical payments to an insured woman in case of confinement or mi9-carriage or sickness arising out· of s pregnant:y, confinement, premature birth of ehild or miscarriagc, such wcman being certified to be eligible f-or such payments by an authority specified in this behalf by the rel{u13tions (hereinafter referred t~ as maternity ben~t) ;"; (d) in clause (d), the word "and" occurring at the end 8hall 10 be omitted; (e) in clause (e), the word uand" shall be inserted at the end and after that clause, the following clause shell be inserted, beneftt) : "(f) payment to the eldest surviving member of the is family of an insured person who has died, towards the expenditure on the funeral of the deceased insured person, or, where the insured person did dot have a family or was not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral 20 of the decea'sed insured 'person (to be !mown as funeral beneftt) : 25 provided that the amount of such payment shall not exceed one hundred rupees and the claim for such payment shall be made within three months of the death of the insured person or within such extended period as the corporation of any oftlcer or authority authorteed by it in this behalf may allow" 19  for section 47 of the principal act, the fallowing section shall subtitube substftuted, namely: -tion of new ieetion for ikdion 4t 30 3s "47 a person shall be qualified to claim slekness benefit for wilen sickness occurring during any benefit period, if during the pe~d corresponding contribution period, weeldycontributions in :~:!:c­respect of him were payable for not less than thirteen weeks: ness bene-provided that a person shall be qualified to claim siclmess fit benefit for sickness occurring during- the first benefit period, if during the corresponding contribution period weekly contrfbutions in respect of him were payable for not less than half the number of weeks of that contribution period, ending in that ,period"  zoo section 48 of the principal act shall be omitted 21 in section 49 of the principal act,-omission ot section 4a amendment of section 4d (4) for the words "second schedule", the words "first schedule" lhalj be substituted; (b) in the ftrst proviso, for the words "for an initial waitfnl 5 period of ·two days", the words "for the first two days of siclm8ll" shall be subatituted;  (c) for the second proviso the following proviso shall be substituted, namely:-"provided further that sickness beneftt shall not be paid 10 to any person for more than ftfty-six days in any two codlecutive beneftt periods"  i! in section 50 of the principal act,-amendment ot section 50 (a) in sub-section (1) ,-(0 for the words and figures utwo-thirds of the number is of weeks during whlcb she shall be deemed to have been available for employment within the meaning of section 48, subject to a minimum of twelve contributions", the words "thirteen weeks" shall be substituted; , (ii) for the proviso, the following proviso shall be 20 substituted, namely:-"provided that an insured woman sha'll be qualifled to claim maternity beneftt for a confinement occurring or expected to occur during the first beneftt period, if during the corresponding contribution period weekly 2s contributions in respect of her were payable for not less than half the number of weeks of that contribution period ending in that period"; (&) in sub-section (2) ,-(i) for the word, brackets and figure "sub-section (3)", 30 the words "the first schedule" shall be substituted; (ii) the following proviso shall be inserted at the end, namely:-"provided that where the insured woman dies dur' ing her confinement or during the period of six weeks 35 immediately fallowing her confinement for which she is entitleet to maternity benefit, leaving behind in either case the child, maternity beneat ahall be paid for the whole of that period but if the child alao dies durina the said period, then for the days up to and includin, the day of the death of the child, to the person nominated by the insured woman in such manner  may be specified in the re,watiods and if there 18 no mch nominee to her legal representative"; (c) for sub-section (3), the fallowin, lub-eectiona a1aall be substituted, namely:-10 15 "(3) an insured woman who is qualified to claim matemity benefit in accordance with sub-aection (1) ihall, in case of mis-carriage, be entitled, on -production of such proof as may be required under the regulations, to maternity benefit at the rates specified in the first schedule for all days on which she does not work for remuneration during a period of six weeks immediately -followin, the date of her mis-carriage 20 (4) an imured woman who is qualified to claim maternity benefit in accordance with sub-section (1) shall, in case of sickness arising out of pregnancy, confinement, premature ·birth of child or mis-earriage shall, on production of such proof alpmlay be required under the regulations, be entitled, in addition to the maternity benefit payble to her under any other provisions of this act for all days on which she does not work for remuneration, to maternity benefit at the rates specified in the first schedule for ad days on which abe does not work for remuneration during an additional period not exceeding one month!' 23 for section 51 of the principal act, the following sections shall subatltd-30 be substituted, namely: _  tien of new teetiona for tecllon' 51 '51 subject to the provisions of this act and the relu- diaablelations, if any,-ment bene-3s (a) a person who sustains temporary disablement for fit less than three days (excluding the day of accident) shall be entitled to periodical payment for the period of such disablement in accordbnce with the provisions of the firat schedule; (b) a person who sustains permanent disablement, whether total or partial, sball lbe entitled to periodical  p&jmeat lor' well disablement in accordance with the provi- us of t1ae j'kst schedule:provided that where permanent disablement, whether total or partial, bas ·been assessed provisionally for a limited period or finally, the benefit provided under this ·clause s shall be payable for that limited period or, as the case may be, for life , 5ia' for the purposes of this act an accident arising in the course of an insured person's employment shall be presumed, in the absence of evidence to the contrary, also to have arisen out 10 ~at employment presumption u to accident arising in ceune of employment accidents happening while acting in brpach of rerula-i, tions, etc: 5lb an accident shall be deem~d to arise out of and in the course of an insured person's employment notwithstand-, ing th~t he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any is orders given by or on behalf of his employer or that he is acting without instructions from his employer, if-  (a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case 20 may be; and (b) the 'act is done for the purpose of and in connection with the employer's trade or business sic (1) an accident happenbtg while an insured person is, with the express or implied permission of his employer, tra- 2s velling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to  his -employer to traver by that vehicle, be deemed tq arise out of and in the course of his employment, if-aceideutl happening while travelling' in employer's , ,a:mport (a) the accident would have been deemed so to have 30 arisen had he been under such obligation; and (b) at the time of the accident, the vehicle-(i) is being operated by or, on behalf of his employer or some other person by whom it is provided in  i,pursuance of arrangement made with his employer, and (ii) is not being operated in the ardinaqr course of public transport service  5 (2) in this section "vehicle" includes a vessel and an aircraft sid an accident happening to an insured person in or accidents about any premises at which he is for the time being employed ha~peninl for the purpose of his employer's trade or business shall be while [0 ~eemed to aris~ out o~ and in the course of his employment, if ~~:!~e~c:y~ 1t ~ whlle he 1s taking steps" on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property' 15 24 for section 52 of the principal act, the following sections substttushall be substituted, namely: -tion of new sections for '52 (1) if an insured person dies as a result of an employ- section 52 ment injury sustained as an employee under this act (whe :~:-or not he was in receipt of any periodical payment for tem- benefit porary disablement in respect of the injury) dependants' benefit sh~j be payable in accordance with the provisions of the first schedule to his dependants specified in sub-clause (i) and sub-clause (ii) of clause (6a) of section 2 (2) in case the insured person dies without leaving behind him the dependants as aforesaid, the dependants' benefit shall be paid to the other dependants of the deceased in accordance with the provisions of the first schedule 35 52a (1) if an employee employed in any employment ape- occupacified in part a of the third schedule contracts any disease tional specified therein as an occupational disease peculiar to that em- disease ployment, or if an employee employed in the employment specified in part b of that schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in part c of that schedule for such continuous period as the corporation may specify in respect of each such employment, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an "employment injury" arising out of and in the course of employment (2) (i) where the central government or a ~tate government, as the cue may be, adds any description of employment to the employments specified in schedule ni to the workmen's compensation act, 1923, by virtue of the powers vested in it under sub-section (3) of section 3 of the said act, the said des- s cription of employment and the occupational diseases specified under that sub-section as peculiar to that description of employment shan be deemed to form part of the third schedule (ii) without prejudice to the provisions of clause (i), the corporation after giving, by notification in the official gazette, 10 not less than three months' notice of its intention so to do, may, by a like notification, add any description of employment to the employments specified in the third schedule and shall specify in the case of employments so added the diseases which shall be deemed for the purposes of this section to be occupational dis- is eases peculiar to those employments respectively and thereupon the provisions of this act shall apply, as if such diseases had been declared by this act tc? be occupational diseases peculiar to those employments (3) save as provided by sub-sections (1) and (2), no benefit 20 shall be payable to an employee in resp«t of any disease unless the disease is directly attributable to a specific injury by accident arising out af and in the course of his employment (4) the provisions of section 51a shall not cases to which this section applies" apply to the 2s 25 for section 53 of the principal act, the following section shall be substituted, namely:-substitution of new section for section 53 "53 an insured person or his dependants shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or 30 damages under the workmen's compensation act, 1923, or any 8 of id23  , other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under' this act" bar against receiving or recovery of compensation or damages under anyother law 26 for section 54 of the principal act, the following sections shall substitu be lubstitu ted, namely: _ tion of newlec'-tiona for section 54 '54 any question-determ1-(4) whether the relewnt accident has resulted in per- nation of s manent disablement; or question of disable-(b) whether the extent of loss of earning capacity can ment be assessed provisionally or finally; or (c) whether the assenment of the proportion of thelosa of earning capacity is provisional or final; or 10 (d) in the case of provisional assessment, as to the period ·for which such assessment shall hold good, shall be determined by a medical board constituted in accordance with the provisiona of the regulations and any such question shall hereafter be referred to as the "disablement question" 15 54a (1) the case of any insured person for permanent dis- references ablement benefit shall be referred by the corporation to a mecu- ~ica~ cal board for determination of the disablement question and 1f, appeals a:, on that or any subsequent reference, the extent of loss of eaming medical capacity of the insured person is provisionally assessed, it shall appeal egain be so referred to the medical board not later than the end tribunal of the period taken into account by the provisional assessment ::y~!mp-(2) if the insured person or the corporation is not satisfied ~nsu:nce with the decision of the medical board, the insured person or the ou  corporation may appeal in the prescribed manner, and within the prescribed time to--25 (i) the medical appeal tribunal constituted in accordance with the provisions of the regulations with a further right of appeal in the prescribed manner and within thl! prescribed time to the employees' insurance court, or (ii) the employees' insurance court directly' 30 27 for section 55 of the principal act, the following shall be substituted, namely:-sections substitu tion of new section for section 55 "55 (1) any decision under this act of a medical board or a review of medical appeal tribunal may be reviewed at any ti-nl! by  the decision cal board ormed1ca1 appeal tribunal medical board or the medical appeal tribunal, as the case may be, if it is satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or misrepresentation by the employee or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) s (2) any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed iby a medical board, if it is 9atisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury: 10 provided that an assessment shall not be reviewed under this sub-section unless the medical board is of opinion that having regard to the period taken into account by the assessment and the probable duration of the aggravation aioresaid, substantial injustice will be done by not reviewing it is -  (3) except with the leave of a medical appeal tribunal, an assessment shall not be reviewed under sub-section (2) on any application made less than five years, or in the case of a provisional assessment, six months, from the date thereof and on such a review the period to be taken into account by any revised 20 assessment shall not include any period before the dateof the application (4) subject to the foregoing provisions of this section, a medical board may deal with a case of review in any manner in which it could deal with it on an origiool reference to it, and in :zs particular may make a provisional assessment notwithstanding that the assessment under review was final; and the provisions of section 54a shall apply to an application for review under this section and to a decision of a medical board in connection with such application as they apply to a case for disablement benefit 30 under that section and to a decision of the medical board in connection with such case review of dependants' benefit 55a (1) any decision awarding dependants' benefit under this act may be reviewed at any time by the corporation if it is satisfied by fresh evidence that the decision was given in con- 35 sequence of non-disclosure or misrepresentation by the claimant or any other ·persoxl of a material fact (whether the non-disclo-° sure or mi:srepresentation was or was not fraudulent) or that the decision is no longer in accordance with this act due to any birth or death or due to the marriage, re-marriage or cesser of in- 40 ftrmity of, or attainment of the age of eighteen years by, 8 claimant (2) subject to the provision ot thia act, the corporatioa may, on such review as aforesaid, direct that the dependant' benefit be continued, increased, reduced or di8continued" z& after section 59 of the principal act, the followin, ectlod insertion , mall be inserted, namely:-of new section 59a cl59a (1) notwithstanding anything contained in any other provisioll provision of this act, the corporation may, in consultation with of medica the state government, undertake the responsibility for provid- benefit by ing medical benefit to insured personr and where such medical th:i co~ 10 benefit is extended to their families, to the families of iuch in  ~~uo~f sured persons in the state subject to the condition that the state state government shall share the cost of such medical beneflt in such governproportion as may be agreed upon between the state govern- mente ment and the corporation i, (2) in the event of the corporation exercising its power under sub-section (1), the provisions relating to medical beneftt under this act shall apply, 10 far as may be, as if a reference therein to the state government were a reference to the corporation" ~o !i sectionj 88 and 67 of the principal act ihall be omitted omijaion of sections 88 and 87 30 in section 71 of the principal act, for the words "if a person amenddies", the words, brackets and figures "except as provided in the prome~t of viso to sub-section (2) of section 50, if a person diea" shall be iubsti- aectlon 71 tuted 25 31 section 73h of the principal act shall be omitted omiulon of section 73h d in section 75 of the principal act,-amendment of i (a) in sub-section (1) ,-hction 711 30 (i) for clause (ee), the tollowinl clause shan be ubstituted, ~ely:---"(ee) any direction issued by the corporation under section 55a on a review of any payment of dependants' ibenefits, or"; (ii) clause u) aha11 be omittedi (iii) in clause (g), the following words ahall be inserted at the end, namely:-"or any other matter required to be or which may be decided by the employees' insurance court under this aj:t"; (iv) after the words "such question or dispute", the s words, brackets, figure and letter "subject to the provisions of sub-section (2a) " shall be inserted; (b) in sub-section (2)-(i) for the words "the following claims", the words, brackets, figure and letter "subject to the provisions of sub- r 0 section (2a), the following claims" shall be substituted; (ii) clause (c) shall be omitted; (c) after sub-section (2), the following sub-section sball be inserted, namely: -' " (2a) if in any proceedings before the employees' is insurance court a disablement question arises and the decision of a medical board or a medical appeal tribunal has not been obtained on the same and the decision of such question is' necessary for the determination of the claim or question before the employees' insurance court, that court 20 shall direct the corporation to have the question decided by this act and shall thereafter proceed with the determination of the claim or question before it in accordance with the decision of the medical board or the medical appeal tribunal, as the case may be, except where an appeal has 25 been filed before the employees' insurance court under sub-section (2) of section 54a in which case the employees' insurance court may itself determine all the issues arising before it" (d) in sub-section (3), for the words "the employees' in- 30 surance court", the words "a medical board, or by a medical appeal tribunal or by the employees' insurance court" shall be substituted 33 in section 77 of the principal act, after sub-section (1), the following sub-section shall be inserted, namely: -35 amendment of section 77 "(la) every such application shall be made within a period of three years from the _ dat~ on which the eause of aetlon arose erpz4n4tion-for the purpose of this sub-section,-(a) the cause of action in -respect of a claim for benefit shall not be deemed to arise unless the insured person or in the case of dependants' benefit, the dependants of the s insured person claims or claim that benefit in accordance with 'the, regulations made in that behalf within a period of twelve months after the claim became due or within such further period as the employees' insurance court may allow on grounds which' appear to it to be 'reasonable; 10 (b) the cause at action in respect of a claim by the corporation for recovering contributions from the principal employer or a claim by the principal employer for recovering contributions from an immediate employer shall not be deemed to arise till the date by whi:h' the evidence of cod-is tributions having been paid is due to be received by the corporation under the regulations" m section 80 of the principal act shall be omitted omiiilod of hc-tion 80 35 in section 86 of the principal act, in sub-section (1), for the amend· words "central government" the words "director general of the ment of 20 corporation" shall b~ substi_t~ted section 88 36 in section 90 of the principal act,-amenc:lment of (a) after the words "the appropriate government may,", lection 80 the words "after consultation with the corporation," shall be inserted; 2s (b) 'after the words "local authority'''' the words "from the operation of this act" shall be inserted 30 37 after section 91 of the principal ·act, the following shall be inserted, namely:-section insertioll of new section 91a "91a any notification granting exemption un~er, section exemp-87, section 88, section 90 or section 91 may be issued so as to t~ons to be take effect either prospectively or restrospective1y on such date either be, ified th " prospecas may spec erem  tive or ,  retrolpec-38 in section 95 of the principal act,-tive  (a) in sub-section (1), after the worth "the central gov- amend· :ernmentmay,", the words ""after ,consultation with the corpo- ment of  ration -add" --ahall be inserted; iectjon ii (b) in - ub-aection (2) , after clause (e) , the lo11owfng clause shall be inserted, namely:-"(ee) the manner in which and the time within which appeals may be filed to mediea1 appeal tribunals or employees' insurance courts;"; s (c) after aulheet:ton (3), the following sub-section shall be inserted, namely:- ~   ii (4) every rule made under this section shall be laid, as soon u may be afte it is made before each house of parliament while it is in session for a total period of thirty 10 days whicll may be eomprised in one session or in two successive sessions, and if, before the expiry of the session fn which it fa 110 laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made is the rule shall thereafter have effect only in such modifted form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anythini previously done under that rule- 20 amend-• in section 98 of the principal act, in sub-section (1), after ment of the words "the state government may,", the words ccafter eonsulta-iection 8l - ion with the corporation and" shau be inserted 40 in section 97 of tlie principal act, fn sub-section (2) ,-amendment of aection 17 (a) after clawje (i) the following clause shall be inserted 25 namely:-ie (ia) tjie time within which and thf! manner in which a factory or establishment shall be registered;"; (b) after clause (iii), the fo'llowing clause shall be inserted, namely:-30 - (lila) the 'levy of interest at a rate not exeeedinlt six per cent per annum on eontributions due but not paid;"; (e) for clause (m), the following e1elll5e shall be substituted, namely:-- (m) the method of determlnin« whether an insured 3s person is sutferln~ from one or more of the diseases speeffted in the third schedule;"; (d) in clause (viii), for the words "and the form in which", the words uand the form and manner in whic:h" shall be substituted; (e') after clause (xii), the following clauses shan be inser-s, ted, namely:-" (xiia) specifying the authority competent- to give certificate of eligibility for maternity benefit; (riib) the manner of nomination by an insured woman for payment of maternity benefit in case of her or her child's ro ~~;  (xiic) the production of proof in support of claim for illjlternity benefit or additional maternity benefit;"; (i) after clause (xvi), the following clauses shall be inserted, namely:-ij "(xvia) the qualifications and experience which a person should possess for giving certificate of sickness; (xuib) the constitution of medical boards and medical appeal tribunals;" 41 after section 99 of the principal act, the followin, aection iuertloa ol 20 shall be in:serted, namely:-' new 88c-tion isa "99a (1) if any difficulty arises in giving et!ect to the pro- power to visions of this act, the central government may, by order pub- remove lished in the official gazette, make such provisions or give such cwbcultiel directions, not inconsistent with the purposes of this act, as appears to it to be necessary or expedient for removing the difficulty (2) any order made under this section shall have ej!ect notwithstanding anything inconsistent therewith in any rule or regulations made under this act" 30 u for ',schedules i and ii of the principal act, the following su~tu-schedules shall be substituted, namely: _ tloft ot new  'the first scheduleschedul for sc:b~ i and it (see sections 39, 49, 50, 51 and ~) i 'a'11e amount of weekly contribution payable in a eontrlbu-j5 tion period in respect ot an employee· shall be calculated with reference to the average daily wages during the first wage period 1ft r~ of that employee ending in such contribution period: provided that where an employee changes his employment durin; the currency of the contribution period, contributions in respect of him shall continue to be calculated during the said 5 contribution period at the rate at which they were being paid in the ftrst employment except when the employee does not disclose the earlier employment to the second or subsequent employer in which case they may be calculated with reference to the average daily wages during the first wage period in the latter 10 employment 2 the average daily wages shall be-(a) in respect of an employee who is employed on time-rate basis, the am~unt of wa,ges which would have been payable to him for the complete wage period had he worked 1 s "on 'all the working days in that wage period, divided by 28 if he is monthly rated, 13 jl he is fortnightly i rated, 6 if he is weekly rated and 1 if he is daily rated (b) in respect of an employee employed an any other basis, the amount of wages earned during the first complete 20 wage period in the contribution period divided by the number of days in full or part for which he worked for wages in that wage period: provided that where an employee receives wages without working on any day during such wage period, he shall be deem- 25 ed to have workeq !for 26, 13, 6 or 1 days or day if the wage period be a month, a fortnight, a week or a day respectively exp14nation i-where any night shift continues beyond midnight, the period of the night shift after midnight shall be counted for  reckoning the days worked as part of the day pre- 30 ceding exp14nati011 11-"wage period" means the period in iespec!t of which wages are ordinarily payable whether in terms of the contract of empioyment, express or implied or otherwise 3 (a) for the purpose of fixing the amount of weekly 35 contribution payable, employees shall be divided into nine -groups on 'the basis of ,their averagedauy wages ascertained ld ·the'maaner' ljmdfted  in', paragraph 2 s (b) the employee's contribuuon and employer's codti'lbu  tion payable in respect of the group of employees pecified in the first column of the table below shall be at the rates re~tive1y specified in the corresponding entries in the second and third columns thereof 10 (c) the daily rate of benefit (hereinafter referred te 18 the "standard benefit rate") in respect of the group of employees specified in the first column of the table b~low ~ be the amount respectively specified in the corresponding entry in the fifth column thereof: is !c-~} provided' that where a peraon has been 'in more tban &de of the groups as specified in the first column of the said 'rable during a contribution period, the standarci beneftt rate idrespect of him shall be the amount specified in the fifth column corresponding to the lowest of such groups 20 group of employees whoac avcrqe employccs' employer's total correadaily wages are weekly conweekly weeily pondina  tribution c:ontri-,qqnc(j-daily (recoverable bution bution standard from (employee's benefit elj1p~jccs) ~ rate employer" co~ butlon) 1 2 3  s p p p p 30 i belowre1 nil 4s 4s 4s 2 re i and above but below ri i'so  nil 4s 4' 6, 3· ri i  so and above but below rs2 2s so 7s 90 1t rs 2 and above but below rs 3 40 80 120 130 s· ri 3 and above but below ri 4 so 100 iso 115 3s 6 rs 4 and aj:k>ve but below ri 6 10 140 210 2s0 , rs 6 and above but below ri 8 9s 19o 28s 3so 8 rs 8 and above but below ri is us 2s0 315 soo 9· rs is and above  115 3so s2s 8so  4 the daily rate of sickness beneftt in respect of a period during ,any benefit period shall be the tan~ benefit rate 40cor:responding to the average daily wages of that person during the corresponding contribution period 5 the daily rate of maternity benefit payable in respect ot confinement occurring or expected to occur during any benefit period, shall be equal to twice the standard beneftt rate carreb-s ponding to the average daily wages in respect of the insured woman during the corresponding contribution period 6 (4) the daily rate of disablement and dependants' benefit shall be the rate, twenty-five per cent more than the standard benefit rate rounded to the next higher multiple of five paise 10 corresponding tff-the average daily wages in the contribution period corresponding to the benefit period in whlch the empl6yment injury occurs (b) where an employment injury occurs before the commencement of the first benefit period in respect of a person, the is daily rate o~ disablement and dependants' benefit shall be-(i) where a person sustains employment injury after the expiry of the first wage period in the contribution period in which the injury occurs, the rate, twenty-five per cent more than the standard benefit rate rounded to the next 20 higher multiple of five paise corresponding to the wage group in which his average daily wages during that wage period fall; (ii) where the person sustains employment injury 0&-fore the expiry of the first wage period in the contribution 2, period in which the injury occurs, the rate, twenty-five per cent more than the standard benefit rate, ,rounded to the next higher multiple of five paise corresponding to the group in which wages actually earned or which would have been earned had he worked for a full day on the date of acci- 30 dent, fall the dislblement or dependants' benefit rate calculated as aforesaid shall be called the "full rate" 7 the disablement benefit shall be payable to the insured person as follows: -35 (4) for temporary disablement, at the full rate; (b) for permanent total disablement, at the full rate; (c) for permanent partial disablement resulting from an injui7 lpeci1led in part ii of the second schedule, at such percentage of the full rate which would have been payable in the case of permanent total disablement as is specified in the said schedule as being the percentage of the loss of earning capacity caused by that injury; s (d) for permanent partial disablement resulting from an injury not specified in part ii of the second schedule, at such percentage of the full rate payable in the case' of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury 10 explanation-where more injuries than one are caused by the same accident, the rate of benefit payable uitderi clauses (c) and (d) shall be aggregated but not so in any case as to exceed the -full rate; is (e) in cases of disablement not covered by clauses «i), (b), (c) and, (d) at such rate not exceeding the full rate, as may be provided in the regulations 8 in the case of death of the insured person, the dependants' benefit shall be payable to his widow and children as follows:-20: «i) to the widow during life or until remarriage, an amount equivalent to, three-fifths of the full rate and, if ,,<, there are two or more widows, the amount payable to the widow as aforesaid shall be divided equally 'between the widows; 2$ (b) to each legitimate or adopted son, an amount equivalent to two-fifths of the full rate until he attains eighteen years of age: provided that in the case, of a legitimate son who is infirm and who is wholly dependent on the earnings of the 30 insured person at the time ot his death, dependants' beneftt shall continue to be paid while 'the infirmity luts; i(c) to each legitimate or adopted unmarried daughter, an amount equivalent to two-fifths of the ,full rate until she attains eighteen years of age or until marriage, whichever is earlier: 35 , provided that in the case of a legitimate or adopted· unmarried daughter who is infirm and is wholly dependent on the earnings of the insured person at ~e time of his death, dependants' benefit shall continue to be paid while the inftrmity lasts  and she continues to be unmarried: provided further that if the total of the dependants' benefits  distributed among the widow or widows and legitimate or adopt ed children df the deceased person as aforesaid exceeds at any time the full rate, the share of eadh of 'the dependants shall be proportionately reduced, 80 that the total amount paya'ble to s them does not exceed the amount of disablement benefit at the full rate   9 in case the deceased person does not leave a widow or legitimate or adopted child, dependants' beneftt shall ,be payble to the other dependants as foliows:-10 "~~{ci) to a parent r1r 'grand-parent, for life, at an amount equivalent to 1hree-tenths of the full 1'8te and if ,there are , two or more parents or grand-parents, the amount payable to the parents or grand-parents as aforesaid shall be equally aivided between the~; is (b) to any other-(i) male dependant, until he attains eighteen yean of age, (ii) female dependant, until she attains eighteen years of age or until'mm'rige, whichever-is earlier or if ao widowed until abe attains eighteen years of age; at an amount equiv8ient to two-tenths of the full rate provided that irf there be more than one dependant under clause (b) the amount payable under this clause shan be equally divided between them 25  the secodd schedule [see section 2 (lsa) and (15b)]serial no description ofinjury  ---------------------------------------------------- part rthiah on ode ide and leu of other foot - -  • 100  loll of lilht co rucb an extent a to render the c:1aimant unable to perform lily wort 'for which e~ liiht is 'eaaendal    ' roo , very  '&cial cfia1l'piftment 100 40 , absolule dafncn - 'roo  part ii list 0 • injuribs dibmid to iulsult in piirmalgnt partial dimblim8nt a"",tatio,,,, limbs (';tkr a,)| amputation                           | through             ||--------------------------------------|---------------------|| sho~d"                               |                     || joint -                              |                     || 90                                   |                     || 7                                    |                     || 8                                    |                     || 10                                   |                     || amputati'?i1 below shoulder          |                     || wi~                                  |                     || stump                                | less                || than                                |                     || 20'                                  | 32                  || cm                                 | &om                 || of                                   |                     || acromion                            |                    || 10,                                  |                     || 9:                                   |                     || amputatio~                           |                     || from:o'                              |                     || 32                                   |                     || cm                                 | from                || than                                 |                     || 11'43                                |                     || cm                                 |                     || below tip                            | of                  || 7                                   |                     || la                                   |                     || loss                                 | of                  || hand                                 |                     || or                                   | of                  || finaen                               |                     || of                                   | one                 || tion                                 | from                || ii'                                  |                     || 43                                   |                     || cm below                           | tip                 || olecradod                           | -                   || 60                                   |                     || loss                                 | of                  || 30                                   |                     || is                                   |                     || ii                                   |                     || loss                                 | of                  || 40                                   |                     || i~                                  |                     || loss                                 | of                  || so                                   |                     || 13                                   |                     || loss                                 | of                  || 30                                   |                     || loss                                 | of                  || 20                                   |                     || 14                                   |                     || i,                                   |                     || loss                                 | of                  || 20                                   |                     || 20                                   |                     || 16                                   |                     ||                                     |                     || a                                    |                     || mputatiort-lorhr                     |                     || 'limbs                               |                     || amputation                           | of                  || end-bearing                          |                     || stumps                               |                     || 90                                   |                     || 17                                   |                     || amputation through                   | both                || to                                   |                     || the                                  | metatano-phalangeal || 80                                   |                     || 18                                   |                     || loss                                 | of                  || the                                  |                     || metatarso-pjwanaeal joint            |                     || 40                                   |                     || 1                                    |                     || 9                                    |                     || 2s                                   |                     || 20                                   |                     || lots                                 | of                  || joint                                |                     || 30                                   |                     || loss                                 | of                  || all                                  |                     || toes                                 | of                  || the                                  |                     || proximal inter-phalangeal joint      |                     || 20                                   |                     || 21                                   |                     || amputation                           | at                  || 90                                   |                     || 22                                   |                     || amputation below                     | hip                 || i2'                                  | 70                  || cni                                | in                  || length                               |                     || measured from tip                    |                     || of                                   | 8i'c8t              || 80                                   |                     || 23                                   |                     || 3                                    |                     || 0                                    |                     || 24                                   |                     || amputation below hip with            | stump               || cm                                 |                     || iq                                   | 1ensth mea-         || sured from tip                       |                     || of                                   | great               || beyond                               |                     || middle                               | thigh               || 70                                   |                     || amputation                           | bc;low              || cm                                 |                     || below                                |                     || knee                                 |                     || 60                                   |                     || 2                                    |                     || 5                                    |                     || amputation below knee with           | stump               || b9                                   |                     || but                                  | not                 || 12'70                                |                     || cm                                 |                     || so·                                  |                     || amputation below knee with           | stump               || u·                                   | 70                  || cm                                 |                     ||                                     |                     || 4°                                   |                     || 26                                   |                     || 3s                                   |                     || 27                                   |                     || amputation                           | of                  || 30                                   |                     || 28                                   |                     || amputation through one foot proximal |                     || to                                   |                     || ~                                    | m~pbajm1aca1        || joint                                |                     || 30                                   |                     || 29                                  |                     || loss                                 | of                  || all                                  |                     || toes                                 | of                  || 20                                   |                     || 3                                    |                     || 0                                    |                     |0(101'1 f |                          | 33    | whole           ||--------------------------|-------|------------------|| 34                       | two   | phalanges        || 3                        |       |                  || s                        |       |                  || one phalanx             |       |                  || 36 guillotine amputation | of    | tip without losl |37 whole 38 two phalanges 39 one phalanx  40 guillotine amputation of tip without loss of bone 9 7 6 5 41 whole  4-'1 two phalanges 43 one phalanx - 4,~ guillotine amputation of tip without loss of bone 4s through metatarao-phalangeal joint 46 part, with some loss of bone 14 3 any other loe 30 3 i 47 through,metatarso-phalangeal joint 48 part, with some lois of bone - trdo tou of one foot, xcluding grat loe ~9 through metatarso-phalangeal joint - • 50 part, with !lome loss of bone 2 3s thr •• 10s of one fool, ,,"ludi,,, great tim 51 through metatarso-phalangeal joint 53 part, with some losl of bone 6 3 four tos of one foot %&ludi", ",eat toe 53 through metatano-pha1anaeal joint - 9 40 '4 part, with lome losl of bone 3 non --complete and permanent 1011 of the use of any limb or member referred to iii thii lchedule be deemed to be equivalent of the lou of that limb or man_  list op occupational disbasbs| occupational diacuc    | employment       ||------------------------|------------------|| s                      |                  || part                   | a                || anthru                 | any              || employmcdt-            |                  || (a)                    |                  || involvilll thc         | handlin         || wool,                  |                  || bair,                  |                  || brildcl                | or               || animal                 |                  || carc:uici              |                  || or                     |                  || parts                  |                  || of                     |                  || luch                   |                  || carcuaca,              |                  || inc:1udina             |                  || hidca,                 |                  || hoofa                  |                  || 10                     |                  || and                    |                  || hol'l1l;               |                  || or                     |                  || (b)                    |                  || in                     | connection with  || anima1a                |                  || infected with          |                  || antb,rax ;             |                  || or                     |                  || ~)                     |                  || involving              |                  || the                    |                  || loading,               |                  || unioadinc              |                  || or                     |                  || tridi                  |                || port                   |                  || of                     | any mcrchandi1c || any procell            |                  || carried                |                  || on                     |                  || in                     |                  || comprcaacd             |                  || air                   |                  |is comprcaacd air illness or its sequclae poisoning by lead tetra-ethyl any procesi involvina the ule of lead tetncthyl poisoning by nitrous fumes any procellll involvina exposure to niuoua fumcs 20 poisoning by organic phosphoru insecticides   any procell involvinc thc use or handlin or expolure to the fumes, dult or vapour ~n~ng any of the organic: pholphorul ldiecticidea  partb2 s poisoninc by lead, its alloys or compounds any process involvinl the blndlin• or ule of or its sequelae excluding poisioning by lead ore or lead or any of its preparations lead tetra-cthyl or compounds except lead tetra-cthyl poisoning by phosphorus or its compounds, any process involving the liberation of phosor its sequelae ph,?rui or usc or handling of pboapborul 30 or lts preparanons or compounds aily process involving the use of mercury or its preplll'8tions or compounds poisoning by mercury, its amalgams and compounds, or its sequelae 4 my process involving the man~lcture, h'bet'ation, or ule of benzene, benzene homologuea and their amido and nitroderivativel poisoning by benzene, or its homoloaues, their amido and nitroderivatives or its 35 sequelae chrome ulc:cration or its sequelae any process ulvolving the use of chromic acid or bichromate of ammonium porulium or sodium or their prepantiodi or the manufacture of bichromate jtn poisoning by arsenic or its compounds, or its any process involvinc the production, '"flequejae libention or utilisation of arsenic· or ita compounds  patholop:a1 manifestations due te>-  | (ca)         | radium    ||--------------|-----------|| ind          |           || ot'her       |           || radio-active | sub-      || a1jij        |           || pxuell       |           || involvilla   |           || e~           |           || to           |           || the          |           || ictiob       |           || ltadcai      | j o f     || x-n~        |           || 5            |           | (6) x-nyi| primary                  | apitheliomatoul    ||--------------------------|--------------------|| c:anc:er                 |                    || of                       | the                || akin                    |                    || any                      |                    || p~1                      |                    || invojvida                | the                || ule                      |                    || of                       |                    || tar;                     |                    || pitch bitumen,         |                    || millen!                  |                    || oil,                     |                    || paraftide                |                    || or                       |                    || the                      |                    || compouddt,               |                    || productl                 |                    || or                       |                    || residues                 | of                 || these                    | lubstadces        || it?                      |                    || poi-olling               | by                 || haloacnated              |                    || hydroc:arbana            | any                || of                       | the                || halo-                    |                    || liberation               | and                || qie                      |                    || of                       |                    || hycfrocirbona            | of                 || iicndcrivativcl         | ,                 || and                      |                    || theil'                   |                    || bajoaen                  |                    || derivatives             |                    || -                        | 1                 || i                        |                    || poisonina                | by                 || lequelae;                |                    || its                      | any employment     || id-                      |                    || (a)                      |                    || the                      | manufac:turc       || is                       |                    || or                       |                    || (6)                      |                    || the                      | manufacture        || utiftcial                |                    || silk                     |                    || b)r                      |                    || viacose proc:eel j       | or                 || (c)                      |                    || rubber                   | industry           || 20                       |                    || (4)                      |                    || any                      | other              || involviq                 |                    || the                      | produc-            || tion                     | or                 || use                      |                    || of                       | products           || car-                     |                    || bon                      | disulphide         || to                       |                    || emada-                   |                    || tiona                    |                    || from                     | earbon             || ~~nal                    |                    || cataract                 | due                || to                       |                    || inf~-~                   |                    || any                      |                    || manuff:turina            |                    || procell                  | invol\rida         || 25                       |                    || ~                       |                    || exposure                 | to                 || ijare                    |                    || from molten material     | or                 || to                       | any other lources  || radiation              |                    || telegraphist's           | cramp              || any employment involvina | the                || \lie                     |                    || of                       |                    || tele-                    |                    ||                         | graphic:           || instruments             |                    || poijonina                |                    || by                       | manganese          || of                       |                    || ~apno:se,                |                    || or                       |                    || its                      |                    || sequelae                |                    || any proce'ls             |                    || involvin                | the                || 30                       |                    || of,                      | or                 || the                      |                    || fumes,                   |                    || dust                     |                    || 01'                      |                    || vapour of, manganese     | or                 || a                        |                    || compound                 | of                 || manpnese                | or                 || codrainina               |                    || manpnese                |  ,                | part c35 silicolis any edltployment involvidf exposure to the  inhalation of dust conta'!'in, silica - any employment in coal ~ coal miners' paeumoco~sis any employment id-asbestosis (i) the production of-4~ , (a) fibro cemeilt materiala ; or (ia) asbestos mill board j or (2) the processing of ores containina  be,tos - any employment in the production of tiaguse mill board or other artidc', from 45  puc  a no provision of this act shall apply to and in relation to any act dot payment whh:h has been, or is being, or is required to be, made under : ap~ the principal act in respect 'of any employment injury sustained ca:" by an employee in any state or part thereof at any time before the 5 date of the coming into operation of that provision and any such payment and any application, appeal or other proceeding for or relating to such payment pending before any authority immediately before such date shall continue 'to be governed by the provisions of the principal act as they stood immediately 'before ihat date statement of objects and reasons the employees' state insurance act, llka, provides, inter aue&, for certain benefits to employees in case of sickness maternity and employment injury and for certain other matters in ~elation thereto experience of the administration of the act has disclosed certain difticulties in its working the object of the present bill is to remove such difficulties and to make the administration of the act simpler the major amendments proposed in the bill are indicated below:-(4) the wage limit for coverage of employees is being raised from rs 400 to rs 500 per month to secure benefits of the sch~me for a larger number of employees (b) the existing definition of the term "employee" does not cover administrative staff engaged in sale, distribution and other allied functions the definition is being amended to cover such employees (c) the definition of the term "family" is being amended to include dependent parents of female insured persons; dependent parents of male insured persons are already included (d) the number of represen·tatives of parliament on the employees' state insurance corporation is being raised from two to three with a view to include two members from the lok sabha and one from the rajya sabha (e) provision for the grant of funeral benefit, not exceeding rs 100, on the death of an insured person is being made for the first time (f) the scheme of maternity benefit is being enlarged (g) provision for the taking over by the employees' state  insurance corporation of the administration of the medical benefit from state governments is being made (h) the rate of disablement benefit is being increased certain minor and formal amendments to the act have also been proposed in the bill 2 the notes on clauses explain in detail the important provisiodi of the bill new delhi; a k sen !:i'he 7th august, 1965 , clause 1-thls ,:lause empowers the central government to itagger application of the act to ensure systematic and gradual change over from the exis ting provisions   clause 2-this clause seeks to' clarify certain terms and expressions used in the act and also to raise the wage-limit for coverage under the act from rs 400 to rs 500 per month another change proposed by this clause is to bring within the scope of the definition of ·'seasonal factory" a factory which works for ~ period not exceeding 7 months in a year and is engaged during that period in  any process of blending, packing or re-packing of tea or coffee or 1ll such other manufacturing process as the centi'll government may, by notification in the official gazette, specify   clause 3':"-'this clause seeks to insert a new section 2a which will make it obligatory on the principal employer to have his factory or establishment registered under the act clause 4-this clause seeks to amend section 4 of the act so as to empower the central government to appoint a chainnan and a vice-chairman of the corporation and in addition to provide that· -none of the five persons to be nominated by that government under clause (c) need be an official this clause also seeks to provide that the director general of the corporation shall be its e:r-offleio member and that the number of representatives of parliament on the corporation shall be 3 instead of 2 clause 5-this clause seeks to make amendments of a consequential nature in section 5 of the act clause e-this clause seeks to substitute sectien 7 of the act it provides for authentication of all orders and decisions" of the corporation by the signature of the director general who will now be an u-of1tcio member of the corporation and for the authentication of all other instruments issued 'by the corporation by the signature of the director general or such other oftlcer 'of the corporation as may be authorised by him cz41ue 7-this clause seeks to raise the number of representatives of employers and employees on the standing committee from two to three and also provides that· the director general shaji ~ an u-opicio meml?er of this committee " clause s-this clause seeks to provide that members of the medical benefit council other then ex-officio members and those nominated by government shall continue to hold office until the nomination of their successors is notified, notwithstanding the expiry of the normal term of their membership czause 9-this clause seeks to provide that a person shall cease to be a member of the corporation when he ceases to be a member of parliament clause 10-this clause provides that the sanction of the central government as well as the corporation will be obtained before a '~~,2rincipal officer undertakes any work not connected with his office clause h-this clause seeks to amend sub-section (3) of aec  tion 17 to provide that consultation with the union public service commission will be necessary in the case of certain classes of posts instead of posts with a certain maximum monthly pay clause 12-this clause seeks to omit sections 27 and 31 of the act which are out of date clause 13-this clause makes a clarificatory amendment in section 36 of the act clause 14-this clause makes an, amendment of a consequential nature clause 15-this clause provides that no contribution shall b8 payable in respect of an employee whose average daily wages are below rs l' 50 instead of rs l' 00 as at present it also seeks to omit sub-sections (4) 'lnd (5) of section 42 of the act and to modify sub-sedion (2) thereof so as to make the liability to pay contributions co-terminus with the liability for payment of wages clause l6-this clause' empowers the corporation to frame regulati'ons fixing the date by which evidence of contributiojll having peen paid is to be received by it '  ' clause 17-this clause seeks to introduce new sections 45a and 45b empowering the corporation to determine in certain cases the amount of contributions payable in respect of employees of a factory or establishment on the basis of available information and providing that any contribution payable under the act may be recovered ai fln arrear of llnd revenue, clause is-this clause empowers the corporation to accept alternative evidence of sickness in cases where an insured penon is unable to produce a medical certificate from a medical prtlctitioner appointed under the scheme this clause further seeks to provide ~oi periodical payments to an insured woman also in case of miscarriage or sickness arising out of pregnancy, confinement, pre mature birth of child or miscarriage ~other amendment proposed by this clause is to provide for payment of an amount not exceeding rs 100 towards the expenditure on the funeral of a deceased insured person clave 19-this clause simplifies '' the conditions for drawal of sickness -benefit by providing that a person shall be qualified to claim such benefit during a benefit period if during the corresponding contribution period, weekly contributions in respect of him were payable for a minimum period of 13 weeks the right to eligibility will accrue on payment of contributions for half the number of weeks in the first benefit period clause 2o-this clause makes a consequential amendm~nt clause 21-this clause provides for payment of sickness benefit for a maximum period of 56 days in any two consecutive benefit periods and makes certain other amendments of consequential a8t~e clause 22-this clause provides that as in the case of sickness benefit, maternity benefit shall be payable if the insured woman has paid contributions for a minimum period of 13 weeks in a con-fib!-ltion periq:d the right to eligibility will ~ccrue on payment of contributions _ for half the number of \veeks in tjte first beneftt period this clause also provides for-(a) payment of maternity benefit in the event of death of the insured woman or the child to her nominee or legal representative; (b) grant of maternity benefit for ~ix weeks in case of mi~arrfage; and   (el gj;ant of m~ternity b~netit ,for an additional period of  ;~ne,pu>nth in ~~ of si~~ess arising out of pregnancy, coqqnement, etc clause 23-this clause seeks to recast the existing section 51 relating to disablement benefit and introduces new sections 5-1a, 51b, 5ic and 51d to simplify the adjudication of employm~t  injufy ~~ by,m~' certain ~~c p'rovia+~d8 in ~e  act claw! 24~this clause leeks to recast the existlni section d2 relating to dependants' benefit by specifying the share of each dependant in the act itself and empowering the corporation to decide the question of payment of benefit to dependants and rates applicable to them without reference to the employees' insurance court this clause also introduces a new section 52a incorporating the provisions relating ,to the occupational diseases in the workmen' compensation act, 1923 with suitable modifications clause-~this clause makes changes of a consequential nature   ' clause 26-this clause seeks to replace the existing section 54 by a revised section 54 and a new section 54a providing for determination of questions connected with disablement by a medical board and for right of appeal against the board's decision to a medical appeal tribunal or an employees' insurance court clause 27-this clause seeks to recast the existing section 55 80 as to provide for review of decisions of medical boards and medical  appeal tribunals and for review of dependants' benefit this clause also specifies the circumstances in which a review of benefits may be made _  -j clause 28-this clause seeks to introduce a new section d9a  enabling the cprporation to take over, in consultation with the state "'d'overnment concerned, the ac1ministration of medical care where it , be~'omes"necessary or desirable to do so clause 29-this clause seeks to omit sections 66 and 67 with - view to provide the employers complete insurance cover clause 30-this clause makes amendment of a consequential lla ture to section 71 of the act ' clejuse 31-this clause seeks to omit section 73h as a aimilar provision ~ proposed to be inserted ,by new section 99a-clause 32-this clause, besides making certain amendments of a consequential nature, also empowers the employees' insurance courts to direct the corparation, if necessary, to have any disablement  'question considered by a medical board or a medical appeal tribunal claule 33-this clause leeks to amend section 77 so as to provide for a tim~ limit of three years for commencement of the proceed1np before an- employ~' insurance court c'ltiui~'34  :-th1s clause seeks to make consequential amendment claw 35-tb1t clause empowers the ooec\or general to authorise an ofllcer of the corporation other than the lasurance commissioner to institute or to sanction proseculi0d3 under the act 'clause 36-this clause seeks to provide for consultation with the corporation before exemption is granted by the appropriate government to factories or establishments belongmg to uovernment or a local authority clause 37-this clause introduces a new section 91a providing for grant of exemptions under the act either prospectively or retrospectively clause 38-this clause amends section 95 so as to empower the central government to frame rules in regard to filing of appeals before medical appeal tribunals or employees' insurance courts and to provide that the centra! government will consult the corporation wnue making rules under the act clause 39-this clause amends section 96 so as to provide that the state governments will also consult the corporation while making rules under the act clause 4o-this clause seeks to empower the corporation to make regulatlods in regard to certam adciluona! matters necessitated by the other amendments made in the bill clause 41-this ~clause seeks to introduce a new section 99a empowering the central government to remove diftlcultiea in living ejtect to the provisions of the act clause 42-this clause seeks to replace the existing schedules 1 and ii by a new ~ schedule i and makes the following importan  changes therein:-(a) the average daily wage will be calculated by divldida the standard wage of an insured person by 26, 13 6 or 1 depending on whether be is monthly rated fortnightly rated, weekly rated or daily rated (b) average daily wage will need to be worked out only once in the first wage period in a contribution period the lbdle rate will apply for the whole contribution period (c) the number of wage aroup for payment of contribu· tions and grant of benefits has been increased from 8 to 9 to provide for the enhanced wage limit for coverage from ra 400 to rs 500 per meuaem  •(d) a tandard rate of sick, bedeftt is being axed cor-,responcling ,~ ,each wage group calc¢8tion of the rate of beneftt jor 8kh -incuvidual ~ will no longer be llecessary _ __ _ (e) tae ate of disablement and dependants' benefit is being ftud at ' • ~ cent ,over and above ~ sickness bedeflt rate, hich is about half the average wage </> the rates of weekly contributions have been rationalised ~d ~ar,ginw adjustm~t have been made in ulese rates the ~d r~ ofcontrib~tion as well ~ ,benefits have been rounded off to the nearest multiple of five paise aaot~r~~ge ~ffected by this ,clause ~ the ~se~iqn of the sec:~q &psi t~q sc)1~~uj ~hic;h ~re new, giving l~~ of' inj~es r~ltmgjn~majlent ,disablement :and occupatio~al ~ise,ses clause 43-this clause seeks to introduce a new section providing that the provisions of the amendment act will not apply to any past or j»e~~g cases of payment in respect of any employment injury iust~ed before the commencement of the amendment act and that the mide will be governed by the provisions ,of th~ principal act  they stood befare the commencement of the amendment 'act the employees' state insurance act, 1948 applies to a number of central government undertakings some of the amendments pro-posed in the bill will have the effect of increasing the liability of the employers (including central government) for payment of contributions clause 2 (3) of the bill seeks to incretlse the wage limit for coverage of employees from rs 400 to rs 500 per month this involves payment of contribution by employers also in respect of' ~r,nployees who draw a monthly wage between ~~-480 and rs 500 clause 42 seeks to replace the existing schedules i and ii by a dew schedule first which provides for rationalisation of the rates of contribution payable by employers and employees these rates have been rounded off to the nearest multiple of five paise and the rates of contribution payable by employers are in some cases higher tlmn the existing rates these proposals in so far as they concern the central government undertakings will thus involve increued expenditure from the consolidated fund of india it may, however, be added that the proposed changes in the rates of contribution will not affect the employers till the transitory provisions in chapter va of the act are withdrawn so long a's this chapter is in force, the employers in public and priwte sectors will pay the employer's special contribution as leviable thereunder in lieu of the employer' contribution at the rates as laid down in the existing schedule i to the employees' state insurance act, 1948 or at the rates now proposed to be revised under the bill the liability of employers to pay contribution at the higher rates will, therefore, accrue only after some time as regards the contribution payable in respect of employees who draw a monthly wage between rs 400 and ra soo, it may be stated that many of the central government undertakinp have been exempted from the operation of the act under section 90, since they provide benefits which are superior or ,ubstantiady similar to those awi1able undet the act the scheme is appued to such government undertakings only as do not provide similar or superior benefits but as it is being extended to new area from time to time, the number of undertakings and employees covered goes on changing the additional lialbility of employers due to (4) the inclusion of employees who draw a monthly wage nmging between rs 400 and rs 5()0 and (b) the rounding off of the rate! of employers, contribution, has been estimated at (i) re o· 36 per annum per , covered employee and (ii) rs 1·19 per annum per covered employee i'h-peettvely, le, rs 1· 55 in all per annum p,r _ covered employee the additional liability on account of inclusion of empioyees -who draw (1 monthly wage between rs 400 and rs 500 will, however, be off-eet to the extent th~ employers will get relief from their liability in respect oof such employees under the workmen's compensation act and the maternity b~neftt acts and the expenditure on medical treatment and sickness leave which are at present being granted as the nwd!ber of undertakings and employees covered goes on changing from time to time, it is not possible to give- °an estimate of the tot'll additional expenditure clause 38 of the bill seeks to amend section 95 of the act to empower the central government to make rules in regard to the manner in which and the time within, which appeals may 'be filed to medical appeal tribunals or employees' insurance courts clause 40 of the bill seeks to amend section 97 of the act to empower the corporation to, make regulations in relation to certain additional matters the additional matters relate inter alia to the marmer til which a factory or establishment shall be registered, the levy of interest at a rate not exceeding six per cent per annum on contributions due but not paid, the method of determining whether an insured person is suffering from any occupational disease, the qualifications of persons who may issue sickness certificates and constitution of medical boards and medical appeal tribunals the matters referred to in clauses 38 and 40 pertain to procedw-e, form or detail and the delegation of legislative powers is thus of a normal character " - i ' '1' definitions - - - - - 2 in this act, unless there is anything repugnant in the subject or context,-- - - - - (8) "employment injury" means a personal injury to an employee caused by accident or an occupational disease llrisijlg out of and in the course of his employment in a factory or establishment to which this act applies, which injury or occupational disease would entitle such employee to compensation under the workmen's compensation act, 1923, if he were a workman within the meaning 8 of 1923 of the said act; (9) "employee" means any person employed for wages in or in connection with the work of a factory or establishment to which this' act applies and-(i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishml!nt whether such work is done by the employee in the factory or establishment or elsewhere; or (ii) who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment; or (iii) whose services are temporarily lent or let on hire to the principal employer by· the person with w}ft)m the person whose services are so lent or let on hire has entered into a contract of service ; hut does not include-- - - - - (b) any person employed on a remuneration which in the aggregate exceeds four hundred rupees a month ; - - - - - (11) "family" means the spouse and minor legitimate and ~dopted children dependent upon the insured person and where the insured pel'son is a male, nis dependent parents ; __ (12) "f,lctory" means any premises including the precincts thereof whereon twenty or more persons are working or were working on any day of the preceding twelve months, and in any part of which a manufaduring process is being carried on with the aid of power or is ordinarily so carried on but does not include a mine  of 1923 subject to the operation of the indian mines act, 1923 or a railway running shed; "seasonal factory" means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process which is incidental to or connected with any of the aforesaid processes; the expressions "manufacturing process" and "power" shall have the meanings respectively assigned to them in the factories act, 63 of 1948 1948; - - - - - (21) "temporary disablement" means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of work; (22) "wages" means all remuneration paid or payable in cash to an employee, if the terms of the contract of employment, express or implied, were fulftlled and includes other additional remuneration, if any, paid at intervals not exceeding two months, but does not include-:~) any contribution paid by the employer to any pension fund or provident fund, or under this act; - - - - - (24) the expressions "dependant", ,"managing agent", "occupational disease", "partial disablement" where the disablement is of a permanent nature and "total disablemenkmt" ~llchave respect' tive a ity the meanii\gs assigned to them in the wor en s ompensa ion c, 8 of 1923 1923 - --- -- ------ -- - - - 4 the corporation shall consist of the following members, namely:-constitution of corporation (a) the minister for labour in the central government, ex otficio, as chairman; (b) the minister for health in the central government, ex officio, as vice-chairman; (c) not more than five persons to be nominated by the central -~ ;- 'government of whom at leas~ three shall be officials of the central government; - iii iii - - (h) two persons representing the medical profession to be nominated by the central government in consultation with such organisations of medical practitioners as may be recognised for the purpose by the central government; and (i) two persons to be elected by parliament 5 (1) save as otherwise expressly provided in this act, the term of office of members of the corporation, other than the ex officio members and members referred to in clauses (c), (d) and (e) of'\ection 4, shall be foul' years commencing from the dte on 'which their nomination or election is notified: ; term of office of members of the corporation provided that a member of the corporation shall, notwithstanding the expiry of the said period of four years, continue to hold office until the nomination or election of his successor is notified (2) the members of the corporation referred to in clauses (c), (d) and (e) of section 4 shall hold office during the pleasure of the government nominating them-- - - - - 7 all orders and decisions of the corporation shall be authenti-authentication aforders, decisions, etc constitution of standing committee c~te(j by the signature of the chairman or some other member ~ authorised by the corporation in this behalf and all_ other instruments issued by the corporation shall be authenticated by the signature' of lsuch member or officer of the corporation as may be authorised by it 8 a standing committee of the corporation shall be constituted from among its members, consisting of-, --  ' - • - - (b) three members of the corporation, being ofticials of the central government, nominated by that government; - - - - - (c) six members elected by the ~orporation as follows:-(ii) two members from among the members of the corpora- - tion representing employers; -- - --- -(iii)- two members from among the members of the corporation representing employees;      10 (1)   - - - medical (2) save as otherwise expressly provided in this act, the term benefit of office of a member of the medical benefit council, other' than a council member referred to in any of the clauses (a) to (d) of sub-section (1), ~ be four years from 'the date on which his nomination is notified -  -   16 (1)  - ;  - principal (3) the principal officers shall be whole-time officers of the officers corporation and shall not undertake any work unconnected with their office without the sanction of the central government   -   17 (1)  - -  - staff (3) every appointment to posts carrying a maximum monthly pay of five hundred rupees and above shall be made in consultation with the union public service commission : provided that this sub-section shall not apply to an officiating or temporary appointment for an aggregate period not exceeding one year  -  -   chapter iii  finance and audit - •- - 27 the central government shall, every year during the first grant' by' five years, make a grant to the corporation of a sum equivalent to the central two-thirds of the administrative e~pe~ses of the corporation not in- ~~:~~­eluding therein the cost of any benefits provided by or under thi~ act  - - -  31 all expenditure incurred by the central government for and in connection with the establishment of the corporation up to the date of its establishment shall be treated as a loan advanced by the expenditure by central govem-central government to the corporation and such loan shall be ad- ment to justed against grants from the central gov~rnment to the corpora- be treated tion 'as a loan  - - - - - 36 the annual report, the audited accounts of the corporation, and the budget as finally adopted by the corporation shall be placed  'before parliament and pu'blished in the ofticial gazette - - - - - bud,et, audited accowlts and the annual report to be placed before parliament  chapter iv contributionsrecovery of contribution from immediate employer - - - - - 41 (1) a principal employer, who has paid contribution in respect of an employee employed by or through an immediate employer, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as the employee's contribution, if any) from the immediate employer, either by deduction from any amount payable to him by the principal employer under any contract, or as a debt payable by the immediate employer (2) in the case referred to in sub-section (1), the immediate employer shall be entitled to recover the employee's contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to the conditions ,pecifted in the proviso to sub-section (39 cf section 40 expzanation-for the purposes of sections 40 and 41, wages shall be deemed to include payment to an employee in respect of any period of authorised leave, lock-out or legal strike 42 (1) no employee's contribution shall be payable by or on behalf of an employee whose average daily wages are below one rupee general provisions uto payment ofcontributions expzanation-the average daily wages of an employee shall be calculated in the manner speculed in the first schedule (2) contribution (both the employer's contribution and the employee's contributionl shall be payable by the principal employer for each week during the whole or part of which an employee is employed - - - - - (4) no contribution shall be payable in respect of an employee for any week during the whole of which no services are rendered by an employee and in respect of which no wages are payable to him (5) notwithstandin~ the provlslons of sub-section (4), contribution shall be payable, in respect of any week during which no services are rendered by and, no wages are paid to an employee, at therate-it-which--contribution was last paid, where the failure to render such services is due to the employee being on authorised leave, or is, due to a lock-out or a legal strike, if in respect of the period covered by such legal strike the employee receives wages in full or in part 43 subject to the provisions of this act, the corporation may method of make regulations for any matter relating or incidental to the pay- payment of ment and collection of contribution payable under this act and contribuwithout prejudice to'":'tbe generality of the foregoing power sueh tion regulations may provide for--     chapter v  bknu'its46 (j) subject to the provisions of this act, the insured persons beneftts or, as the case may be, their dependants shall be entitled to the following benefits, namely:-(a) periodical payments to any insured person in case of his sickness certified by a duly appointed medical practitioner (hereinafvr referred to as sickness benefit); (b) periodical payments in case of confinement to an insured women, certified to be eligible for such payments by an authority specified in this behalf by the regulation (hereinafter referred to as maternity benefit);   - - - 47 a person shall be qualified to claim sickness benefit during when perany benefit period, if during the corresponding contribution period, iiod elllible weekly contributions in respect of him were payable for not less for than two-thirds of the number of weeks ,duridg which he shall be :!:tte:s deemed to have been availa,ble for employment within the meaning of section 48, subject to a minimum of twelve contributions : provided that the corporat~on may waive the minimum number of contributions during the first contribution period 48 a person shall always be deemed to have been available for when per_ employment in any week, except when during t the whole of such iiod deemed week,- available for em-(a) he ·was unable to work on account of sickness which had ployment   been duly certified, whether entitling him to receive sickness benefit or not, or '  , i (b) he was qualified to receive disablement benefit for temporary disablement, or -----__----(c) in the case of an insured woman, she was entitled to the maternity benefit provided in section 50 or she would have been entitled to such benefit if she had fulfilled ali other conditions entitling her thereto sickness benefit 49 subject (to the provisions of this act and the regulations, if any, a person qualified to claim sickness benefit in accordance with section 47 shall be entitled to receive such benefit at the rates specified in j:jle second schedule for [the period of his sickness: provided that he shall not be entitled to the benefit for an initial waiting period of two days except' in the case of a, spell of sickness following, at an interval of not more than fifteen days, the spell of sickness for which sickness benefit was ,last paid : provided further that sickness benefit shall not be paid to any person for a number of days in excess of the number which taken together with the number of days for which he has already received the benefit i makes up a total of fifty-six days during any continuous period of three hundred and sixty-five days maternity benefit 50 (1) an insured woman shall be qualified to claim maternity benefit for a confinement occurring or expected to occur in a benefit period if during the corresponding contribution period, weekly contributions in respect of her were payable for not less than two-thirds of the number of' weeks during which she shall be deemed to have been avanable for employment within the meaning of section 48, subject to a minimum of twelve contributions: , provided that at· least one contribution has been paid between thirty-five and forty weeks i before the week in which the confinement tak  s place or in which notice of pregnancy is given before confinement whichever is more advantageous to the insured person (2) subject to the provisions of this act, and the regulations, if any, an irisured woman who js qualified to claim maternity benefit in accordadce with sub-section (1) shall be entitled to receive it at the daily rate specified in sub-section (3) for all days on which she does  not work for remuneration during a period of twelve weeks of which not" more' than six shall precede the expected date of confinement (3) the daily rate referred to in sub-section (2) shall be-(i) the rate at which the insured woman could have claimed ------------- sickness benefit for any period of sickness during the benefit period in which the confinement occurs or is expected to occur if she had been qualified to claim sickness bene- fit during that period, or (ii) twelve annas, whichever is greater 51 (1) subject to the provisions of this act, and the regula- disabletions, if any, disablement benefit shall be payablement benem (a) to a person who sustains temporary disablement, during the period of such disablement; (b) to a person who sustains permanent partial disablement, during his life; (c) to a person who sustains permanent total c:jisablemen~, during his life; and (d) to a person~ in all cases of disablement not falling under sub-clauses (a), (b) or (c) of this sub-section, as may be provide4 in the regulations  (2) disablement-benefit shall be paid' on the scale and subject to the conditions specified in this behalf m the second schedule 52 whe-re an insured person dies as a result of an employment depeninjury sustained as an employee under this act, dependants' bene- danta' - fit shall be payable subject to the provisions of this act and the benell regulations, if any, to his dependants at such rates and for such period as is specified in the second schedule 8 of 192'\ 53 where an insured person is or his dependants are entitled to disablement receive or recover, whether from the employer of the insured and f h  d depenperson or rom any ot er person any compensation or amages dants' under the workdlen's compensation act, 1923, or otherwise, in bene-~ respect of an employment injury sustained by the insured person_ as an employee ~nder this act, then the following provisions shall apply, namely:- 8 of 1923 (i) the insured person shall, in lieu of such compensation or damages, receive the disablement benefit provided by this act (but subject otherwise to the conditions specified in the workmen's compensation act, 1923) from the corparation and not from the employer or other person (ii) if the insured person dies as a result of the employment injury 8j18tained as an employee under this act (whether or not he was in receipt of any periodical payment -for temporary disablement in respect of the injury), dependants' benefit shall be payable at the rates and in the proportion specified in the second schedule to his widow or widows during her or their widowhood, and to minor legitimate or adopted sons and minor legitimate unmarried daughters (iii» ·ljr caae the" insured person cioes not leave him survi'ring any widow or children as mentioned in clause (ii) or in the case of an insured woman if she does not leave her surviving any children as mentioned in clause (ii), dependants' benefit shall be paid to the other dependants of the deceased at such rates as may be determined by the employees' insurance court having jurisdiction (iv) the amount of dependants' benefit payable under clause (iii) shall not exceed one-half of the amount which would have been payable to the insured person as benefit on permanent total disablement (v) save as modified by this act, the obligations and liabilities imposed on an employer by the wakmen's compensation act, 1923, shall continue to apply to him 8 of 1923 medieal 54 all medi~al examinations and treatment referred to in the ua-workmen's compensation act, 1923, shall, for the purposes of this' nt 1923 minationact, be carried out by duly appointed medical practitioners  - ,  ,:-·  4~·~ review of 55 (1) subject to the provisions of this act, the corpoll"ation bendts·may, either of its own motion or on the application of the person receiving the benefit, review the payment of any disablement or dependants' benefit: provided that unless otherwise specified in the regulations made in this behalf ~very application for the review of a disablement benefit shall be accompanied by a certificate of a duly appointed medical officer (2) subject to the provisions of this act, the corporation may on such review as aforesaid, direct that the disablement or dependants' benefit b~ continued, increased, reduced or discontinued  - - - general - - - 86 (1) where any employment injury is sustained by an insured corpora- ---person as an employee under this act by reason of the negligence of ti~·s the employer to observe any of the safety rules laid down by or nwbt to recover under any ~nactment applicable to a factory or establishment or by damacea reason of any wrongful act of the employer or his agent, the corpo- from ration shall notwithstanding the fact that the employer has paid ~e ~ployer weekly contributions due under this act in respect of such insured in certaiq person be- entitled to be reimbursed by the employer or the principal eua who is liable to pay compensation under section 12' of the workmen's 8 of 1923 compensation act, 1923, the actuarial -pmsent value of the periodical • payments which the corporation is liable to make under this act (2) for the purposes of this act, the actuarial -present value of the periodical payments shall be determined in such manner as may be specified in the regulations 17 where an insured person is entitled to receive or to recovercorpora-(but has not received or recovered), whether from his employer or ~o:" any other person, compensation or damages under any lew for tj:1e;:~_ time being in force in respect of any employment injury caused nifted id under circumstances creating a legal liability in some person other certa1d than the employer or his agent, the corpq{ation shall be entitled to cue • be indemnified by the person so liable:  provided that the corpoi'ltion shall not be entitled to be indemni-_ fled by an employer who has paid contributions in respect of the employee sustaining the employment injury as an employee under th1a act, except in cases covered by section 66 - - - - - - - - - 71 if - person dies during any period for which he is entitled to ~ a eash benefit under this act, the amount of such benefit up to mei:: to - including the day of his death shall be paid to gny person nominated and inclucf by the deceased person in writing in sllch form as may be specified ini day in the regulations or, if there is no such nomination, to the heir or of dea~ legal representative of the deceased person -  chapter v-atransitory provisions - - - - - 73h (1) if any difficulty arises in giving effect to the provisions power to of this chapter, the cent:r;al goyer~en~ m~y, by order notifted in;ties the official gazette, make such provision or give such direction u appear to it to be necessary for the removal of ' the di1bculty (2) any order made under thl~ section shaicliave effect notwithstanding anything inconsistent therewith in any rules or regulations made under this act - - - - -  chapter viadjudication of dispute and claims - - - - - " 75 (1) if any question or dispute arises as to-- - - - - matters to be decided by employees' insurance court (ee) any direction issued by the corporation under section 55 on 8 review of any payment of disablement or dependants' benefits; (f) the actuarial present value of the periodical payments referred to in section 66, or (g) any other matter wdich is in dispute between a principal employer and the corporation, or between a principal employer and an immediate employer, or between a person and the corporation er between an employee and a principal or immediate employer, in respect of any contribution or benefit or other duet payable or recoverable under this act such question or dispute shall be decided by the employees' ins\u' ance court in accordance with the provisions of this act  (2) the following claims shall be decided by the emplqyees' in, surance court, namely:-- - - - - (c) claim under section 66 or 67 made by the corporatioq' against the employer or other person liable thereunder: - - - - - (3) no civil court shall have jurisdiction to decide or deal with any question or dispute as aforesaid or to adjudicate on any lia'bllity which by or under this act is to be decided by the employees' idsur~ ince court - - - - 80 an employees' insurance court shall not direct the payment bendt of any benefit to a person unless he has made a claim for such benefit not admisin accordance with the regulations made in that behalf, within sible twelve months after the claim became que: - ----- ----- ~a:d provided that if the court is satisfied that there was reasonable in time excuse for not making a claim for the benefit within twelve months after it became due, it may direct the payment of the benefit as if the claim had been made in time - - - - - penalities$\bullet$86 (1) no prosecution under this act shall be instituted except prolecuby or with the previous sanction of the insurance commissione'l' or tions of such other officer of the corporation as may be authorised in this behalf by the central government - - - - -  chapter viiimiscellaneous$\bullet$90 the appropriate government may, by notification in the ofti- exempti~n cia! gazette and subject to such conditions as nmy be specified in the of f~t!l notification, exempt any factory or establishment belonging to the ~ell:ts government or any local authority, if the employees in any such be1011, factory or establishment are otherwise in receipt of benefits substan-lng to tially similar or superior to the benefits provided under this act governmentor - - - - - my local authority 95 (1) th~ c~ntl'91 government m~y, su~ject to ~he c~ndition of ~::;~ of previous publication, make rules not inconslstent wlth this act for governthe purpose of giving effect to the provisions thereof ment to (2) in particular and without prejudice to the generality of the = foregoing power, such rules may provide for all or any of the followjn~ matters, namely:-- - - - - ito make rulei power of corporation to makeregulations ~ (1) the state government may, subject to the condition of previous publication, make rules not inconsistent with this act in :repro ~ _ ~ or any __ ~_~e following matters, namely:-i - - - - - • 17 (1) - - - - - (2) in particular and without prejudice ,to the generality of the foregomg power, such regulations may provide for all or any of the following matter~, namely:-- - - - - (vi) the method of determining the actuarial present value of periodical payments; - - - - - (viii) the time within which and the form in which any claim for a benefit may be made and the particulars to be speci_ fied in such claim; - - - - -  schedule i (see section 39)1 the amount of weettly contribution payable in respect of an employee shall be calculated with reference to his average dally wages 2 the average daily wages shall be-(a) in respect of ad employee whose wage period is - ciay, the amount 01 wages earned during the,  week divided by the number of days w&tkecl in that week; (b) in respect of m employee employed' on the basis' of any other wage period, the amdunt of wages earned in that wage period, in which the contribution falls due divided by the numbepof days worked in such wage period; (c) in respect of an employee employed on any other basis, the amount calculated on the basis o! wages earned for the day on which the contribution falls due qr on such other day as may be specified in the regulations in this behalf explanation i-subject to any regulations made in this behalf, the term "days worked" means the number of days on which the employee' worked for wages  e:rpzanation ii-where any night shift continues beyond midnight, the period of the night shift afte!" midnight shall be counted ~o!, recko~g-!~!_~~y:svr0rked_ as part of the day preceding explanation iu-exeept as provided by/regulations, wages, pay, salaries or allowances paid in respect of any period of leave or holidays other than the weekly holidays shall not be taken into account in calculating wages ezplanatton iv-''wage period" mea~ the period in respect of which wages are ordinarily payable whether in terms of the contract of empwyment, express or implied, or otherwise ~ (4) for the purposes of fixing the amount of weekly contribution payable, employees shall be divided into eight groups on the basis of their average daily wages ascertained in the manner specified in paragraph 2 , (b) the· employees' contribution and employer's contribution pay- able in respect of the group of employees speci1ied in the first column of the table below shall be at the rates respectively specified in the corresponding entries in the second and third columns thereof | group     | of        | employees    ||-----------|-----------|--------------|| emplo-    | employ-   |              || yeest     |           |              || coil-     |           |              || erts      | con-      |              || trfburfgn | trfbution |              || (recover- |           |              || able      |           |              || from      |           |              || emplo-    |           |              || yees)     |           |              || :i        |           |              || 3         |           |              || total     |           |              || contribu- |           |              || tion(em-  |           |              || :ployeest |           |              || and       |           |              || em-       |           |              || ployer's  |           |              || contribu- |           |              || tion)     |           |              || 4         |           |              || rs       |           |              || a        | p        |              || lb       |           |              || a        | p        |              || lb       |           |              || a        |           |              || p        |           |              || i        |           |              || ~~~';es   | who~      | av~ae        || v:afs    |           |              || ~re       |           |              || below     |           |              || 0         |           |              || 1         |           |              || 0         |           |              || nil       |           |              || 0         |           |              || 7         |           |              || 0         |           |              || 0         |           |              || 9         |           |              || 0         |           |              || 0         |           |              || 2         |           |              || 0         |           |              || 0         |           |              || 7         |           |              || 0         |           |              || 012       |           |              || 0         |           |              || 0         |           |              || 4         |           |              || 0         |           |              || 0         |           |              || 8         |           |              || 0         |           |              || r         |           |              || 2         |           |              || 0         |           |              || 0         |           |              || 6         |           |              || 0         | 012       |              || 0         |           |              || r         |           |              || 8         |           |              || 0         |           |              || 0         |           |              || 8         |           |              || 0         |           |              || r         |           |              || 0         |           |              || 0         |           |              || 2         |           |              || r         |           |              || 0         |           |              || 011       |           |              || 0         |           |              || ii        |           |              || 6         |           |              || 0         |           |              || :i        |           |              || 13        |           |              || 0         |           |              || o         |           |              || is        |           |              || 0         |           |              || i         |           |              || 14        |           |              || 0         |           |              || 312       |           |              || 0         |           |              || 0         |           |              || 3         |           |              || 8         |           |              || 0         |           |              |3 employees whole averaae daily wages are re 1 , and above but below ri 1-8-0    3 employees whose averqe daily wages are rs 1-8-0 and above but below rs 2 4 em,ployees whose averaae daily wages are rs 2 and above but below ri 3    s rmpw,ees whole average daily wages are ri 3 am above but below rs 4·   - 6 employees whole average daily wafs are ri 4 and above but below ri 6    7' employees whose averace dail\' wqea are rs 6 and above but -below ,rs 8    - 8 bmployees whole averap daily waaes areas 8 and above i schedule ii ---- '~-----;--(see sections 41, 51, 52 and 53) sickness benefit and disablement and depend4ntb' bmsflb  1: the average daily wages of an employee in each of the groups specified i~ the first column of the table below shall, for the purpose of calculating the sickness benefit and disablement and dependants' benefits be assumed to be the rate specified in the corresponding entry in the second column thereof j | , group                                                   | of                                                    | employees           ||-----------------------------------------------------------|-------------------------------------------------------|---------------------|| \of                                                       |                                                       |                     || i                                                         |                                                       |                     || averaae                                                   |                                                       |                     || allumed                                                   |                                                       |                     || daily                                                     |                                                       |                     || waaea                                                     |                                                       |                     || 2                                                         |                                                       |                     || ri                                                       | a                                                    | p                  || i                                                        |                                                       |                     || employees whose average daj)y wagcs are bclow re         |                                                       |                     || i                                                        | 0                                                     | 14                  || 2                                                        |                                                       |                     || employees whose average daily wages are re'              |                                                       |                     || i                                                         |                                                       |                     || and                                                       | atove                                                 | tut                 || h]("                                                      |                                                       |                     || ra                                                       |                                                       |                     || 1-8-0                                                  | ••                                                  | -                   || 4                                                         |                                                       |                     || 0                                                         |                                                       |                     || 3·                                                        |                                                       |                     || employees whose avera£l' daily wages are                  |                                                       |                     || ri                                                       |                                                       |                     || 1-8-0                                                     |                                                       |                     || and above                                                 | but                                                   | below               || rs                                                       |                                                       |                     || 2                                                        |                                                      |                    || below                                                     |                                                       |                     ||                                                          | 4·                                                    |                     || employees whose                                           | averall                                               | daily wages are rs || 2                                                         |                                                       |                     || anet                                                      |                                                       |                     || above                                                     | but                                                   | below               || rs                                                       |                                                       |                     || 3                                                        |                                                      |                    || 2                                                         |                                                       |                     || 3                                                         |                                                       |                     || 0                                                         |                                                       |                     || s:                                                        |                                                       |                     || employees whose average daily wages are rs               |                                                       |                     || 3                                                         |                                                       |                     || and above                                                 | but                                                   |                     || rs                                                       | 4                                                    |                    || 3 3                                                       |                                                       |                     || 0                                                         |                                                       |                     || 6                                                        |                                                       |                     || en-                                                       | ?ioyees whose average daily wages are rs 4 and above | but                 || below                                                     |                                                       |                     || !~i                                                      |                                                       |                     || 6                                                        |                                                      |                    || s                                                         |                                                       |                     || o                                                         |                                                       |                     || 0                                                         |                                                       |                     || below                                                     |                                                       |                     || 7 empbyees whose average daily wages are rs 6 and above | but                                                   |                     || ib                                                       | 8                                                    |                     || 7                                                         |                                                       |                     || 0                                                         |                                                       |                     || 10                                                        |                                                       |                     || 0                                                         |                                                       |                     || 0                                                         |                                                       |                     || 8 emplayees whoc average daily wages are rs 8 and above |                                                       |                     |2 the daily rate of sickness benefit during any benefit period shall be an amount equivalent to one-half of the sum of the assumed _ average daily wages as aforesaid for eech of the w~ks for w ilich contributions were paid in respect of the penon during the corresponding contribution period, divided by the number of weeks review at in that contribution period in which he was deemed to have 'been available for employment within the meaning of section 48 (plus the number of any other weeks in that contribution period for which contributions were paid in respect of the person: provided that where the amount of the benefit so calculated includes a mc';' tion of an anna, it shall be rounded to the next' higher anna the calculation indicated above is illustrated by the following examples:-example i-if the assumed average daily waees of the person as -an employee were rs 1-4-0 a day for 10 weeks, ra 1-12-0 a day for 10 weeks and bs 2-8-0 a day for 6 weeks, the average of the assumed daily wages olor the purpose of the rate of sickness benefit will be:-$$\frac{10\times20+10\times28+6\times40}{26}=\frac{18}{27\frac{1}{26}}$$the daily rate of sickness benefit payable in the benefit period will then be i 3~  annas, rounded to the next higher anna, name  ly, 14 annas example 2-if the person was deemed to have been not available for employment for 14 weeks in any contribution period and' was employ:ed as an employee for only 12 weeks in that contribution period, his assumed average daily wages "being ra 1-4-0 for the 12 weeks, the average of the assumed daily wages for the p~ of the rate of sickness benefit will be:-$${\frac{\mathbf{i}\mathbf{2}\times\mathbf{20}}{(\mathbf{26}-\mathbf{i}\mathbf{4})}}\mathbf{=}\mathbf{20}\ \mathbf{a}\mathbf{n}\mathbf{r}\mathbf{i}\mathbf{a}\mathbf{s}$$the daily rate of sickliess benefit payable in the bene1lt period will then be 10 annas example 3-if the person was deemed to have been not available for employment for 4 weeks in any contribution period and was employed as an employee for only 20 weeks (he having been without any employment for 2 weeks) in that contribution period, his assumed average daily wages being rs 1-12-0 for 20 weeks, the average of the daily wages for the purpose of the rate of sickness benefit will be:-$${\frac{20\times28}{(26-4)}}=25{\frac{5}{11}}\,{\mathrm{annas}}$$the daily rate of sickness benefit payable in the (benefit period will then be 12rr annas, rounded to the next higher anna, namely, 13 annas 3 disablement and dependants' benefit shall be an amount equivalent te one-half of the sum at i the assumed average daily wages for each of the weeks for which contributions were paid in respect of the employee during the period of fifty-two weeks immediately preceding the week in which the employment injury occurs, divided by the number of weeks for which contributions were so paid:  provided that whe~e no contribution was paid in respect of the em--- ployee during the aforesaid period of' fifty-two weeks the disableme~t and dependants' benefit shall be an amount equivalent to onefifty-seco~d part of the monthly wages calculated in accordance with sectll>n 5 of the workmens' compensation act, 1923, and provided 8 of 1923 further that where the amount of the benefit so calculated includes a fraction of an anna, it shall be rounded to the next higher anna the calculation indicated above is illustrated by the following examples:-,  example 1-1of the· assumed average daily wages of an employee were 14 annas a day-ior-:20 weeks, rs 1-4-0 a day for 20 weeks and rs 1-12-0 a day for 12 weeks, the average of th~ assumed daily wages for the purpose of disablement and dependants' benefit will be:-$\begin{array}{c}\includegraphics[height=14226375pt]{fig1}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig2}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig3}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig4}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig5}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig6}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig7}\end{array}$\(\begin{array}{c}\includegraphics[height=142example 2-if the employeof worked only for 34 weeks in the period of 52 weeks preceding the week in which the employment injury occurs and his assumed average daily wages were 14 annu a day for 20 weeks and rs 1-4-0 for 14 weeks, the average of the assumed daily wages for the purpose of disablement and dependants' benefit will be:-$\begin{array}{c}\includegraphics[height=14226375pt]{fig1}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig2}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig3}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig4}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig5}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig6}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig7}\end{array}$$\begin{array}{c}\includegraphics[height=14226375pt]{fig8}\end{array}$\(\begin{array}{c}\includegraphics[height=142(i) to the insur~ person-(a) for temporary disablement, during the period of such  disablement at the full rate; (b) for permanent partial disablement, at a percentage of the full rate, as provided in section 4: of the workmen' com~nsation act, 1923, for life; 8 of 1923 (c) for permanent total disablement, at the fulll'ate for life; "(d) in cases of disablement not covered by clauses (a), (b) and (c) above, as may be provided in the regulations (ii) in the case of the death of the person, to his widow and children as follows:-(a) to the widow during life or until remarriage an amount equivalent to three-fifths of the full rate and, if there are two qr more widows, the amount payable to the widow as aforesaid shall be divided equally between the !-widaws; (b) to each legitimate or adopted son, an amount equivalent to two-fifths of the full rate until he attains fifteen years of age; (c) to each legitimate unmarried daughter, an amount equivalent to two-fifths of (\ the full rate until she attains fifteen years of age or until marriage, whichever is earlier: provided, that the carporation may continue such benefit to any legitimate· or adopted son or any legitimate unmarried daughter until he or she attains the age of eighteen years if such son or daughter continues education to the satisfaction of the corporation: provided further that if the total of the dependants' benefits distributed among the widow or widows and legitimate children or adopted son of the deceased person as aforeaid exceeds at any time the full rate, the share of each of the dependants shall be proportionately altered so that the total amount payable to them does not exceed the amount of disablement benefit at the full rate 5 in case the deceased person does not leave a widow or legitimate child, dependants' benefit at such rates as may be determined by the employees' lnsurance court having jurisdiction shall be payable as follows:-(a) to a p~nt or grand parent, for life; (b) to any other male dependant, until he attains fifteen years of age; (c) to· any other female dependant, until she attains fifteen  years of age or until marriage, whichever is earlier, or if widowed untu she attains fifteen years of age a bill furtller to amend the employees' state insurance aa, 1948 (shri asoke k sen~ minister of lard and social slcurity) 