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Wild Birds and Animals Protection Act, 1912 | 8 | Wild Birds and Animals Protection Act, 1912
8. Savings
Nothing in this Act shall be deemed to apply to the capture or
killing of a wild animal by any person in defense of himself or any other
person, or to the capture or killing of any wild bird or animal in bona fide
defense of property.
[Section 9 repealed by the Second Repealing and Amending Act,
1914 (17 of 1914)] |
Wild Life (Protection) Act, 1972 | 1 | Wild Life (Protection) Act, 1972
1. Short title, extent and commencement
(1) This Act may be
called the Wild Life (Protection) Act, 1972.
3 [(2) It extends to the
whole of India except the State of Jammu and Kashmir.]
(3) It shall come into
force in a State or Union Territory to which it extends, 4[***] on
such date as the Central Government may, by notification, appoint, and
different dates may be appointed for different provisions of this Act or for
different States or Union territories. |
Wild Life (Protection) Act, 1972 | 2 | Wild Life (Protection) Act, 1972
2. Definitions
In this Act, unless
the context otherwise requires,-
(1) "animal"
includes amphibians, birds, mammals and reptiles and their young, and also
includes, in the cases of birds and reptiles, their eggs;
(2) "animal
article" means an article made from any captive animal or wild animal,
other than vermin, and includes an article or object in which the whole or any
part of such animal 5[has been used, and ivory imported into India
and an article made there from];
6 [***]
(4) "Board"
means the Wild Life Advisory Board constituted under sub-section (1) of section
6;
(5) "captive
animal" means any animal, specified in Schedule I, Schedule II, Schedule
III or Schedule IV, which is captured or kept or bred in captivity;
6 [***]
(7) "Chief Wild
Life Warden" means the person appointed as such under clause (a) of
sub-section (1) of section 4;
7 [(7A)
"circus" means an establishment, whether stationary or mobile, where
animals are kept or used wholly or mainly for the purpose of performing tricks
or manoeuvres;]
(8) "closed
area" means the area which is declared under sub-section (1) of section 37
to be closed to hunting;
(9)
"Collector" means the chief officer in charge of the revenue
administration of a district;
(10)
"commencement of this Act", in relation to-
(a) a State, means
commencement of this Act in that State,
(b) any provision of this Act, means the
commencement of that provision in the concerned State;
(11)
"dealer" means any person who carries on the business of buying and
selling any captive animal, animal article, trophy, uncured trophy 5[meat
or specified plant];
(12) "Director"
means the person appointed as Director of Wild Life Preservation under clause
(a) of sub-section (1) of section 3;
7 [(12A) "Forest
Officer" means the Forest Officer appointed under clause (2) of section 2
of the Indian Forest Act, 1927;]
8 [***]
(14) "Government
property" means any property referred to in section 39; 7[or
section 17H;]
(15)
"habitat" includes land, water or vegetation which is the natural
home of any wild animal;
(16)
"hunting", with its grammatical variations and cognate expressions,
includes,-
(a) capturing, killing, poisoning, snaring and
trapping of any wild animal and every attempt to do so,
(b) driving any wild
animal for any of the purposes specified in sub-clause (a),
(c) injuring or destroying or taking any part of the body of any such animal
or, in the case of wild birds or reptiles, damaging the eggs of such birds or
reptiles or disturbing the eggs or nests of such birds or reptiles;
(17) "land"
includes canals, creeks and other water channels, reservoirs, rivers, streams
and lakes, whether artificial or natural, 5[marshes and wetlands and
also includes boulders and rocks];
(18)
"license" means a license granted under this Act;
7 [(18A) "live
stock" includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats,
horses, mules, pigs, sheepĺs, yaks and also includes their young;]
(19)
"manufacturer" means a manufacturer of animal articles;
(20) "meat"
includes blood, bones, sinew, eggs, fat and flesh, whether raw or cooked, of
any wild animal, other than vermin;
(21) "National
Park" means an area declared, whether under section 35 or section 38, or
deemed, under sub-section (3) of section 66, to be declared, as a National
Park;
(22)
"notification" means a notification published in the Official
Gazette;
(23)
"permit" means a permit granted under this Act or any rule made
thereunder;
(24)
"person" includes a firm;
(25)
"prescribed" means prescribed by rules made under this Act;
7 [(25A)
"recognized zoo" means a zoo recognized under section 38H;
(25B) "reserve
forest" means the forest declared to be reserved by the State Government
under section 20 of the Indian Forest Act, 1927 (16 of 1927);]
(26)
"sanctuary" means an area declared, whether under section 5[26A]
or section 38, or deemed, under sub-section (3) of section 66, to be declared,
as a wild life sanctuary;
5 [(27) "specified
plant" means any plant specified in Schedule VI;]
(28) "special
game" means any animal specified in Schedule II;
(29) "State
Government", in relation to a Union territory, means the Administrator of
that Union territory appointed by the President under article 239 of the
Constitution;
(30)
"taxidermy", with its grammatical variations and cognate expressions,
means the curing, preparation or preservation of trophies;
7 [(30A)
"territorial waters" shall have the same meaning as in section 3 of
the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other
Maritime Zones Act, 1976 (80 of 1976);]
(31) "trophy"
means the whole or any part of any captive animal or wild animal, other than
vermin, which has been kept or preserved by any means, whether artificial or
natural, and includes-
(a) rugs, skins and specimens of such animal
mounted in whole or in part through a process of taxidermy, and
(b) antler, horn, rhinoceros horn, hair,
feather, nail, tooth, musk, eggs and nests;
(32) "uncured
trophy" means the whole or any part of any captive animal or wild animal,
other than vermin, which has not undergone a process of taxidermy, and includes
a 5[freshly killed wild animal, ambergris, musk and other animal
products];
(33)
"vehicle" means any conveyance used for movement on land, water or
air and includes buffalo, bull, bullock, camel, donkey, elephant, horse and
mule;
(34)
"vermin" means any wild animal specified in Schedule V;
(35)
"weapon" includes ammunition, bows and arrows, explosives, firearms,
hooks, knives, nets, poison, snares and traps and any instrument or apparatus capable
of anaesthetizing, decoying, destroying, injuring or killing an animal;
(36) "wild
animal" means any animal found wild in nature and includes any animal
specified in Schedule I, Schedule II, Schedule III, Schedule IV or Schedule V,
wherever found;
(37) "wild
life" includes any animal, bees, butterflies, crustacea, fish and moths;
and aquatic or land vegetation which form part of any habitat;
(38) "Wild Life
Warden" means the person appointed as such under clause (b) of sub-section
(1) of section 4;
7 [(39) "Zoo"
means an establishment, whether stationary or mobile, where captive animals are
kept for exhibition to the public but does not include a circus and an
establishment of a licensed dealer in captive animals.] |
Wild Life (Protection) Act, 1972 | 3 | Wild Life (Protection) Act, 1972
3. Appointment of Director and other
officers
(1) The Central
Government may, for the purposes of this Act, appoint,-
(a) A Director of Wild
Life Preservation;
(b) Assistant
Directors of Wild Life Preservation; and
(c) such other
officers and employees as may be necessary.
(2) In the performance
of his duties and exercise of his powers by or under this Act, the Director
shall be subject to such general or special directions, as the Central
Government may, from time to time, give.
(3) The Assistant
Directors of Wild Life Preservation and other officers and employees appointed
under this section shall be subordinate to the Director. |
Wild Life (Protection) Act, 1972 | 4 | Wild Life (Protection) Act, 1972
4. Appointment of Life Warden and other
officers
(1) The State
Government may, for the purposes of this Act, appoint,-
(a) a Chief Wild Life Warden;
(b) Wild Life Wardens;
9[***]
10 [(bb) one Honorary
Wild Life Warden in each district; and]
(c) such other
officers and employees as may be necessary.
(2) In the performance
of his duties and exercise of his powers by or under this Act, the Chief Wild
Life Warden shall be subject to such general or special directions, as the
State Government may, from time to time, give.
(3) 11[The
Wild Life Warden, the Honorary Wild Life Warden] and other officers and
employees appointed under this section shall be subordinate to the Chief Wild
Life Warden. |
Wild Life (Protection) Act, 1972 | 5 | Wild Life (Protection) Act, 1972
5. Power to delegate
(1) The Director may,
with the previous approval of the Central Government, by order in writing,
delegate all or any of his powers and duties under this Act to any officer
subordinate to him subject to such conditions, if any, as may be specified in
the order.
(2) The Chief Wild
Life Warden may, with the previous approval of the State Government by order in
writing, delegate all or any of his powers and duties under this Act, except
those under clause (a) of sub-section (1) of section 11, to any officer
subordinate to him subject to such conditions, if any, as may be specified in
the order.
(3) Subject to any
general or special direction given or condition imposed by the Director or the
Chief Wild Life Warden, any person, authorized by the Director or the Chief
Wild Life Warden to exercise any powers, may exercise those powers in the same
manner and to the same effect as if they had conferred on that person directly
by this Act and not by way of delegation. |
Wild Life (Protection) Act, 1972 | 6 | Wild Life (Protection) Act, 1972
6. Constitution of Wild Life Advisory Board
(1) The State
Government, or, in the case of a Union territory, the Administrator, shall, as
soon as may be after the commencement of this Act, constitute a Wild Life
Advisory Board consisting of the following members, namely :-
(a) the Minister in charge of forests in the
State or Union territory, or, if there is no such Minister, the Chief Secretary
to the State Government, or, as the case may be, the Chief Secretary to the
Government of the Union territory, who shall be the Chairman;
(b) two members of the State Legislature or,
in the case of a Union territory having a Legislature, two members of the
Legislature of the Union territory, as the case may be;
(c) Secretary to the State Government, or the
Government of the Union territory, in charge of forests;
12 [(d) the Forest officer in charge of the State
Forest Department by whatever designation called, ex officio;]
(e) an officer to be
nominated by the Director;
(f) Chief Wild Life
Warden, ex officio;
12 [(g) officers of the
State Government not exceeding five;
(h) such other persons, not exceeding ten,
who, in the opinion of the State Government, are interested in the protection
of wild life, including the representatives of tribals not exceeding three.]
13 [(1A) The State
Government may appoint a Vice-Chairman of the Board from amongst the members
referred to in clauses (b) and (h) of sub-section (1).]
(2) The State
Government shall appoint 12[the Forest Officer in charge of the
State Forest Department].
(3) The term of office
of the members of the Board referred to in clause (g) of sub-section (1) and
the manner of filling vacancies among them shall be such as may be prescribed.
(4) The members shall
be entitled to receive such allowances in respect of expenses incurred in the
performance of their duties as the State Government may prescribe. |
Wild Life (Protection) Act, 1972 | 7 | Wild Life (Protection) Act, 1972
7. Procedure to be followed by the Board
(1) The Board shall
meet at least twice a year at such place as the State Government may direct.
(2) The Board shall
regulate its own procedure (including the quorum).
(3) No act or
proceeding of the Board shall be invalid merely by reason of the existence of any
vacancy therein or any defect in the constitution thereof or any irregularity
in the procedure of the Board not affecting the merits of the case. |
Wild Life (Protection) Act, 1972 | 8 | Wild Life (Protection) Act, 1972
8. Duties of Wild Life Advisory Board
It shall be the duty
of the Wild Life Advisory Board to advise the State Government,-
(a) in the selection
of areas to be declared as sanctuaries, National Parks 14[***] and
closed areas and the administration thereof;
15 [(b) in formulation of
the policy for protection and conservation of the wild life and specified plants;]
(c) in any matter
relating to the amendment of any Schedule; 14[***]
16 [(cc) in relation to
the measures to be taken for harmonizing the needs of the tribals and other
dwellers of the forest with the protection and conservation of wild life; and]
(d) in any other
matter connected with the protection of wild life which may be referred to it
by the State Government. |
Wild Life (Protection) Act, 1972 | 9 | Wild Life (Protection) Act, 1972
9. Prohibition of hunting
No person shall hunt any
wild animal specified in Schedules I, II, III and IV except as provided under
section 11 and section 12.]
18 [***] |
Womens and Childrens Institutions (Licensing) Act, 1956 | 1 | 1. Short title, extent and commencement.-
(1) This Act may be called the Women's and Children's Institutions (Licensing) Act, 1956.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint. |
Womens and Childrens Institutions (Licensing) Act, 1956 | 10 | 10. Act not to apply to certain institutions.-
Nothing in this Act shall apply to-
(a) hostels, or boarding houses attached to, or controlled or recognised by educational institutions; or
(b) any protective home established under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956). |
Womens and Childrens Institutions (Licensing) Act, 1956 | 11 | 11. Power to make rules.-
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the form of application for licence and the particulars to be contained therein;
(b) the form of licence and the conditions subject to which such licence may be granted;
(c) the management of institutions;
(d) the reception, care, protection and welfare of women and children in institutions, including all matters relating to their diet, clothing, accommodation, training and general conduct;
(e) the inspection of institutions;
(f) the maintenance of registers and account and submission of returns and audit of such accounts;
(g) the discharge from institutions of women and children and their transfer from one institution to another;
(h) the manner of filing appeals under this Act and the time within which such appeals shall be filed;
(i) the manner of service of orders and notices Under this Act;
(j) any other matter which is to be or may be prescribed. |
Womens and Childrens Institutions (Licensing) Act, 1956 | 12 | 12. Repeal and savings.-
(1) As from the date of commencement in any State of this Act, any State Act corresponding to this Act in force in that State immediately before such commencement shall stand repealed.
(2) Notwithstanding the repeal by this Act of any State Act referred to in sub-section (1), anything done or any action taken (including any direction given, any register, rule or order made or any restriction imposed) under the provisions of such State Act shall in so far as such thing or action is not inconsistent with the provisions of this Act be deemed to have been done or taken under the provisions of this Act as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this Act.
Explanation.-In this section, the expression "State Act" includes a "Provincial Act". |
Womens and Childrens Institutions (Licensing) Act, 1956 | 2 | 2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "child" means a boy or girl who has not completed the age of eighteen years;
(b) "institution" means an institution established and maintained for the reception, care, protection and welfare of women or children;
(c) "licensing authority" means the State Government or such officer or authority as may be prescribed;
(d) "prescribed" means prescribed by rules made by the State Government under this Act;
(e) "woman" means a female who has completed the age of eighteen years. |
Womens and Childrens Institutions (Licensing) Act, 1956 | 3 | 3. Licensing of institutions.-
After the commencement of this Act, no person shall establish or maintain an institution except under and in accordance with the conditions of a licence granted under this Act. |
Womens and Childrens Institutions (Licensing) Act, 1956 | 4 | 4. Application for licence.-
Every person desiring to establish an institution shall make an application to the licensing authority in such form and containing such particulars as may be prescribed: Provided that a person maintaining an institution at the commencement of this Act shall be allowed a period of three months from such commencement to make an application for a licence. |
Womens and Childrens Institutions (Licensing) Act, 1956 | 5 | 5. Grant of licence.-
(1) On receipt of an application under section 4, the licensing authority, after making such inquiry as it considers necessary, shall, by order in writing, either grant thelicence or refuse to grant it.
(2) Where a licence is refused, the grounds for such refusal shall be communicated to the applicant in the prescribed manner.
(3) A licence, unless sooner revoked, shall remain in force for such period as may be specified in the licence and may, on application made in this behalf sixty days before the date of its expiration, be renewed for such period as the licensing authority may deem proper: Provided that a licence may be renewed on an application made within sixty days before the date of its expiration if the licensing authority is satisfied that there was sufficient cause for not making the application earlier.
(4) Every licence granted under this Act shall be in the prescribed form and shall be subject to such conditions as may be prescribed:
Provided that any such condition may require that the management of an institution shall, wherever practicable, be entrusted to women.
(5) No fee shall be charged for the grant of a licence under this Act. |
Womens and Childrens Institutions (Licensing) Act, 1956 | 6 | 6. Licence not transferable.-
A licence granted under this Act shall not be transferable. |
Womens and Childrens Institutions (Licensing) Act, 1956 | 7 | 7. Revocation of licence.-
(1) Where any person to whom a licence has been granted under this Act, or any agent or servant of such person commits a breach of any of the conditions thereof, or any of the provisions of this Act, or any of the rules made thereunder, or where the licensing authority is not satisfied with the condition, management or superintendence of an institution, the licensing authority may, without prejudice to any other penalty which may have been incurred under this Act, for reasons to be recorded, revoke the licence by order in writing: Provided that no such order shall be made until an opportunity is given to the holder of the licence to show cause why the licence should not be revoked.
(2) Where a licence in respect of an institution has been revoked under the foregoing sub-section, such institution shall cease to function from the date of such revocation: Provided that where an appeal lies under section 8 against the order of revocation, such institution shall cease to function-
(a) where no such appeal has been preferred, immediately on the expiration of the period prescribed for the filing of such appeal;
(b) where such appeal has been preferred but the order of revocation has been upheld, from the date of the appellate order.
(3) On the revocation of a licence in respect of an institution, the licensing authority may direct that any woman or child who is an inmate of such institution on the date of such revocation shall be-
(a) restored to the custody of her or his parent, husband or lawful guardian, as the case may be; or
(b) transferred to another institution. |
Womens and Childrens Institutions (Licensing) Act, 1956 | 8 | 8. Appeals.-
(1) Where the licensing authority is other than the State Government, any person aggrieved by an order of the licensing authority refusing to grant a licence or revoking a licence, may within such period as may be prescribed, prefer an appeal to the State Government against such refusal or revocation.
(2) The order of the State Government on such appeal and subject only to such order, the order of the licensing authority shall be final. |
Womens and Childrens Institutions (Licensing) Act, 1956 | 9 | 9. Penalty.-
Any person who contravenes any of the provisions of this Act or of any rule made thereunder, or any of the conditions of a licence shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 1 | 1. Short title.-
This Act may be called the Working Journalists (Fixation of Rates of Wages) Act, 1958. |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 10 | 10. Authentication of orders, letters, etc., of the Committee.-
All notices, letters, authorisations, orders or other documents to be issued or made by the Committee under this Act may be authenticated by the Chairman or the Secretary thereof or any other officer authorised by the Committee in this behalf and any notice, letter, authorisation, order or other document so authenticated shall be presumed to have been duly issued or made by the Committee. |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 11 | 11. Effect of Act on Working Journalists Act, etc.-
(1) Sections 8, 10, 11, 12 and 13 of the Working Journalists Act shall have no effect in relation to the Committee.
(2) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in the terms of any award, agreement or contract of service, whether made before or after the commencement of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a working journalist is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the working journalist shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act.
(3) Nothing contained in this Act shall be construed to preclude any working journalist from entering into any agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act. |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 12 | 12. Vacancies, etc., not to invalidate proceedings of Committee.-
No act or proceeding of the Committee shall be invalid merely by reason of the existence of any vacancy among its members or any defect in the constitution thereof. |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 13 | 13. Power to make rules.-
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the manner in which notices under this Act may be published;
(b) the procedure to be followed by the Committee in the exercise of its powers under this Act;
(c) the powers and functions of the Committee which may be delegated to any of its members;
(d) the fees to be paid for inspection of documents furnished to the Committee.
1[(3) Every rule made under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified 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 anything previously done under that rule.]
1. Ins. by Act 65 of 1965, s. 10 (w.e.f. 15-1-1963). |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 14 | 14. [Repeal and saving.].-
Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and the First Schedule (w.e.f. 26-12-1960).
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 2 | 2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "Committee" means the Committee constituted under section 3;
(b) "prescribed" means prescribed by rules made under this Act;
(c) "Wage Board" means the Wage Board constituted under the Working Journalists Act by notification No. S.R.O. 1075 of the Government of India in the Ministry of Labour, dated the 2nd May, 1956;
(d) "Wage Board decision" means the decisions of the Wage Board published in the Gazette of India Extraordinary, Part II, Section 3, dated the 11th May, 1957;
(e) "Wages" means wages as defined in the Industrial Disputes Act, 1947 (14 of 1947);
(f) "Working Journalists Act" means the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955);
(g) words and expressions used but not defined in this Act, and defined in the Working Journalists Act, shall have the meanings respectively assigned to them in that Act. |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 3 | 3. Constitution of Committee.-
(1) For the purpose of enabling the Central Government to fix rates of wages in respect of working journalists in the light of the Judgment of the Supreme Court, dated the 19th day of March, 1958, relating to the Wage Board decision, and in the light of all other relevant circumstances, the Central Government shall, by notification in the Official Gazette, constitute a Committee consisting of the following persons, namely:-
(i) an officer of the Ministry of Law not below the rank of Joint Secretary, nominated by the Central Government, who shall be the Chairman of the Committee,
(ii) three persons nominated by the Central Government from among the officers of each of the Ministries of Home Affairs, Labour and Employment and Information and Broadcasting,
(iii) a chartered accountant nominated by the Central Government.
(2) If for any reason a vacancy (other than a vacancy by reason of temporary absence) occurs in the office of the Chairman or any other member of the Committee, the Central Government may appoint another person in accordance with the provisions of sub-section (1) to fill the vacancy, and the inquiry before the Committee may be continued from the stage which had been reached when the vacancy arose.
(3) The Central Government may appoint a Secretary to the Committee, and may also provide the Committee with such other staff as may be necessary.
(4) The Secretary shall perform such functions of a ministerial or other nature as the Committee or the Chairman thereof may assign or delegate to him. |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 4 | 4. Functions of Committee.-
(1) The Committee shall, by notice published in such manner as it thinks fit, call upon newspaper establishments and working journalists and other persons interested in the Wage Board decision to make such representations as they may think fit as respects the Wage Board decision and the rates of wages which may be fixed under this Act in respect of working journalists.
(2) Every such representation shall be in writing and shall be made within such period not exceeding thirty days, as the Committee may specify in the notice, and shall state-
(a) the specific grounds of objection, if any, to the Wage Board decision,
(b) the rates of wages which, in the opinion of the person making the representation, would be reasonable, having regard to the capacity of the employer to pay the same or to any other circumstance, whichever may seem relevant to the person making the representation in relation to his representation,
(c) the alterations or modifications, if any, which, in the opinion of the person making the representation, should be made in the Wage Board decision and the reasons therefor.
(3) The Committee shall take into account the representations aforesaid, if any, and after examining the materials placed before the Wage Board and such further materials as have since been obtained by or made available to it under this Act, make such recommendations, as it thinks fit, to the Central Government for the fixation of rates of wages in respect of working journalists, whether by way of modification or otherwise, of the Wage Board decision; and any such recommendation may specify, whether prospectively or retropectively, the date from which the rates of wages should take effect.
(4) In making any recommendations to the Central Government, the Committee shall have regard to all the matters set out in sub-section (1) of section 9 of the Working Journalists Act.
(5) The Committee may, if it thinks fit, take up for consideration separately groups or classes of newspaper establishments, whether on the basis of regional classification or on any other basis, and make recommendations from time to time in regard to each such group or class. |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 5 | 5. Powers of Committee.-
(1) Subject to the provisions contained in sub-section (2), the Committee may exercise all or any of the powers which an industrial tribunal, constituted under the Industrial Disputes Act, 1947 (14 of 1947), exercises for the adjudication of an industrial dispute referred to it and shall, subject to the provisions contained in this Act and the rules, if any, made thereunder, have power to regulate its own procedure.
(2) Any representations made to the Committee and any documents furnished to it by way of evidence, shall be open to inspection on payment of such fee as may be prescribed, by any person interested in the matter.
(3) If in the course of any inquiry it appears to the Committee that it is necessary to examine any accounts or documents or obtain any statements from any person, the Committee may authorise any officer of the Central Government (hereinafter referred to as the authorised officer) in that behalf; and the authorised officer shall, subject to the directions of the Committee, if any, examine the accounts or documents or obtain the statements from the person.
(4) The authorised officer may, subject to the directions of the Committee, if any, exercise all or any of the powers which an industrial tribunal may exercise under sub-section (2) or sub-section (3) of section 11 of the Industrial Disputes Act, 1947 (14 of 1947).
(5) Nothing in sub-section (1) of section 54 of the Indian Income-tax Act, 1922 (11 of 1922), or in any corresponding provision in any other law for the time being in force relating to the levy of any tax shall apply to the disclosure of any of the particulars referred to therein in any report made to the Committee by an authorised officer.
(6) Any information obtained by an authorised officer in the exercise of any of his powers and any report made by him shall, notwithstanding anything contained in this Act, be treated as confidential, but nothing in this sub-section shall apply to the disclosure of any such information or report to the Central Government or to a court in relation to any matter concerning the execution of this Act.
(7) The authorised officer shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 6 | 6. Power of Central Government to enforce recommendations of Committee.-
(1) As soon as may be, after the receipt of the recommendations of the Committee, the Central Government shall make an order in terms of the recommendations or subject to such modifications, if any, as it thinks fit, being modifications which, in the opinion of the Central Government, do not effect important alterations in the character of the recommendations.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may, if it thinks fit,-
(a) make such modifications in the recommendations, not being modifications of the nature referred to in sub-section (1),as it thinks fit: Provided that before making any such modifications, the Central Government shall cause notice to be given to all persons likely to be affected thereby in such manner as may be prescribed, and shall take into account any representations which they may make in this behalf in writing, or
(b) refer the recommendations or any part thereof to the Committee, in which case the Central Government shall consider its further recommendations and make an order either in terms of the recommendations or with such modifications of the nature referred to in sub-section (1) as it thinks fit.
(3) Every order made by the Central Government shall be published in the Official Gazette together with the recommendations of the Committee relating to the order, and the order shall come into operation on the date of publication or on such date, whether prospectively or retrospectively, as may be specified in the order. |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 7 | 7. Working journalists entitled to wages at rates not less than those specified in the order.-
Subject to the provisions contained in section 11, on the coming into operation of an order of the Central Government, every working journalist shall be entitled to be paid by his employer wages at a rate which shall in no case be less than the rate of wages specified in the order. |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 8 | 8. Omitted
[Review of order of Central Government.]-Omitted by the Working Journalists (Amendment) Act, 1962 (65 of 1962), s. 10 (w.e.f. 15-1-1963.). |
Working Journalists (Fixation of Rates of Wages) Act, 1958 | 9 | 9. Recovery of money due to working journalists.-
(1) Where any amount is due under this Act to a working journalist from an employer, 1[the working journalist himself, or any other person authorised by him in writing in this behalf or in the case of the death of the working journalist, any member of his family may], without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the money due to him, and if the State Government, or such authority as the State Government may specify in this behalf, is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrear of land revenue.
2[(2) If any question arises as to the amount due under this Act to a working journalist from his employer, the State Government may, on its own motion or upon application made to it, refer the question to any Labour Court constituted by it under the Industrial Disputes Act, 1947 (14 of 1947) or under any corresponding law relating to investigation and settlement of industrial disputes in force in the State and the said Act or law shall have effect in relation to the Labour Court as if the question so referred were a matter referred to the Labour Court for adjudication under that Act or law.]
(3) The decision of the Labour Court shall be forwarded by it to the State Government which made the reference, and any amount found due by the Labour Court may be recovered in the manner provided in sub-section (1).
1. Subs. by Act 65 of 1962, s. 10, for "the working journalist may" (w.e.f. 15-1-1963).
2. Subs. by s. 10, ibid., for sub-section (2) (w.e.f. 15-1-1963). |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 1 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
1.Short title and commencements. -
(1)This Act may be called the 1[working
Journalists and other Newspaper Employees] (Conditions of Service) and
Miscellaneous Provisions Act, 1955.
(2)It extends to the whole of India
2[* * *]
1.Subs. by Act 60 of
1974, Sec. 2.
2.Omitted by Act 51 of
1970, Sec. 2 and Schedule for the words "except the State of Jammu and
Kashmir". |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 10 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
10.Recommendation by Board. -
(l)The Board shall, by notice published in
such manner as it thinks fit, call upon newspaper establishments and working
journalists and other persons interested in the fixation or revision of rates of
wages of working journalists to make such representations as they may think fit
as respects the rates of wages which may be fixed or revised under this Act in
respect of working journalists.
(2)Every such representation shall be in
writing and shall be made within such period as the Board may specify in the
notice and shall state the rates of wages which, in the opinion of the person
making the representation, would be reasonable, having regard to the capacity
of the employer to pay the same or to any other circumstance, whichever may
seem relevant to the person making the representation in relation to his
representation.
(3)The Board shall take into account the
representation aforesaid, if any, and after examining the materials placed
before it make such recommendations as it thinks fit to the Central Government
for the fixation or revision of rates of wages in respect of working
journalists; and any such recommendation may specify, whether prospectively or
retrospectively, the date from which the rates of wages should take effect.
(4)In making any recommendations to the
Central Government the Board shall have regard to the cost of living, the
prevalent rates of wages for comparable employment, the circumstances relating
to the newspaper industry in different regions of the country and to any other
circumstances which to the Board may seem relevant.
1[Explanation.-For the removal of
doubts it is hereby declared that section shall prevent the Board from making
nothing in this sub recommendations for fixation or revision of rates of wages
on all-India basis.] |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 11 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
11.Powers and procedure of the Board. -
(1)Subject to the provisions contained in
sub-section (2), the Board may exercise all or any of the powers which an
Industrial Tribunal constituted -under the Industrial Disputes Act, 1947 (14 of
1947), exercises for the adjudication of an industrial dispute referred to it
and shall, subject to the provisions contained in this Act, and the rules, if
any, made-thereunder have power to regulate its own procedure.
(2)Any representation made to the Board and
any document furnished to it way of' evidence shall be open to inspection oh
payment of such fee as may be-prescribed, by any person interested in the
matter.
(3)If, for any reason, a vacancy occurs in the
office of Chairman or any other member of the Board, the Central Government
shall fill the vacancy by a person thereto in accordance with the provisions of
Sec.9 and any proceeding may be continued before the Board as reconstituted
from the stage at which the vacancy occurred. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 12 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
12.Powers of Central Government to enforce
recommendations of the Wage Board. -
(1)As soon as may be, after the receipt of the
recommendations of the Board, the Central Government shall make an order in
terms of the recommendations or subject to such modifications, if any, as it
thinks fit, being modifications which, in the opinion of the Central
Government, do not affect important alterations in the character of the
recommendations.
(2)Notwithstanding any thing contained in
sub-section (l), the Central Government may, if it thinks fit, --
(a)Make such
modifications in the recommendations not being modifications of the nature
referred to in sub-section (1), as it thinks-fit: Provided that before making
any such modifications, the Central Government shall cause notice to given all
persons likely to be affected thereby in such manner as may prescribed, and
shall take into account any representations which they may make in this behalf
in writing; or
(b)Refer the
recommendations or any part thereof to the Board in which case, the Central
Government shall consider its further recommendations and make an order either
in terms of the recommendations with such modifications of the nature referred
to in sub-section (1) As it thinks fit.
(3)Every order made by the Central Government
under this section shall be published in the official Gazette together with the
recommendations of that board relating to the order and order shall come into
operation on the date of publication or on such date, whether prospectively or
retrospectively, as may be specified in the order. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 13 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
13.Working journalists entitled to wages at
rates not less than, those specified in the order. -
On the coining into operation of an order of
the Central Government under Sec. 12, every working journalist shall be
entitled to be paid by his employer wages in the rate which shall, in no case,
be less than the rate of wages specified in the order. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 14 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
14.Act XX of 1946 to apply to newspaper
establishment. -
The provisions of the Industrial Employment
(Standing Orders) Act, 1946 (XX of 1946), as in force for the time being, shall
apply to every newspaper establishment wherein twenty or more newspaper
employees 'are employed or were employed on any day of the preceding twelve
months as if such newspaper establishment were an industrial establishment to
which the aforesaid Act has been applied by a notification under sub-section
(3) of Sec. 1 thereof, and as if a newspaper employee were a workman within the
meaning of that Act. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 15 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
15.Act XIX of 1952 to apply to newspaper
establishments. -
The Employees' Provident Funds Act, 1952 (XIX
of 1952), as in force for the time being, shall apply to every newspaper
establishment in which twenty or more persons are employed on any day, as if
such newspaper establishment were a factory to which the aforesaid Act had been
applied by a notification of the Central Government under sub-section (3) of
Sec. 1 thereof, and as if a newspaper employee were an employee within the
meaning of that Act. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 16 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
16.Effect of laws and agreements Inconsistent
with this Act. -
(1) The provisions of this Act shall have
effect notwithstanding anything, inconsistent therewith contained in any other
law or in the terms of any award, agreement or contract of service, whether
made before or after the commencement of this Act:
Provided that where under any such award,
agreement, contract of service or otherwise a newspaper employee is entitled to
benefits in respect 'of any matter which are more favorable to him than those
to which he would be entitled under this Act, the newspaper employee shall
continue to be entitled to the more favorable benefits in respect of that
matter, notwithstanding that he receives benefits in respect of other matters
under this Act.
(2)Nothing contained in this Act shall be
construed to preclude any newspaper employee from entering into a agreement
with an employer for granting him rights or privileges in respect of any matter
which are more favorable to him that those to which fie would be entitled under
this Act. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 17 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
17.Recovery of money due from an employer. -
(1)Where any amount is due under this Act to a
newspaper employee from an employer, the newspaper employee himself, or any
person authorized by him in writing in this behalf or in case of the death of
the employee, any member of his family may, without prejudice to any other mode
of recovery, make an application to the State Government for the recovery of
the amount due to him and if the State Government or such authority as the
State Government may specify in this behalf, is satisfied that any amount is so
die, it shall issue a certificate for that amount to the Collector, and the
Collector or shall proceed to recover that amount in the same manner as an
arrear of land revenue.
(2)If any question arises as to the amount due
under this Act to a newspaper employee from his employer, the State Government
may, on its own motion or upon application made to it, refer the question to
any Labor Court constituted by it under the Industrial Disputes Act, 1947 (14
of 1947), or under any corresponding law relating to investigation and
settlement of Industrial disputes in force in the State and the said Act or law
shall have effect in relation to the Labor Court as if question so referred
were a matter referred to the Labor Court for the adjudication under that Act
or law.
(3)The decision of the Labor Court shall be
forwarded by it to the State Government which made the reference and any amount
found due by the Labor Court may be recovered in the manner provided in
sub-section (1).
1.Subs. by Act 65 of 1962, Sec. 5 for See. 17
(w.e.f. 15th, January, 1962. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 18 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
18.Penalty. -
1[(1)If any employer contravenes any of the
provisions of this Act or any rule or order made thereunder, he shall be
punishable with fine which may extend to two hundred rupees.
(I-A) Whoever, having been convicted of any
offence under this Act, is again convicted of an offence involving the
contravention of the same provision, shall be punishable with fine, which may
extend to five hundred rupees.
(I-B) Where an offence has been committed by a
company, every person who, at the time the offence was committed, was in charge
of, and was responsible to, the company for the conduct of the business of the
company as well as the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this
subsection shall render any such person liable to any punishment provided in
this section, if he proves that the offence was committed without his knowledge
or that he exercised all due diligence to prevent the commission of such
offence.
(I-C) Notwithstanding anything contained in
subsection (I -B), where an offence under this section has been committed by a
company and it is proved that the offence has been committed with the consent
or connivance of, or that the commission of the offence is attributable to, any
gross negligence on the part of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer
shall also be deemed to be guilty of such offence shall be liable to be
proceeded against and punished accordingly.
(I-D) For the purposes of this section, -
(a)"Company" means any
body corporate and includes a firm or other association of individuals; and
(b)"Director" in
relation to a firm means a partner in the firm.]
(2)No Court inferior to that of a Presidency
Magistrate or a Magistrate of the first class shall try any offence punishable
under this section.
(3)No Court shall take cognizance of an
offence under this section, unless the complaint thereof was made within six
months of the date on which the offence is alleged to have been committed.
1.Subs. by Act 65 of 1962, Sec, 6, for sub-
section (1) (w.e.f 15, January 1963). |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 19 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
19.Indemnity. -
No suit, prosecution
or other legal proceeding shall lie against the Chairman or any other member of
the Board 1[or the person constituting the Tribunal] 2[or an Inspector
appointed under this Act] for anything which is in good faith done or intended
to be done.
1.Ins. by Act 6 of 1979, Sec. 5 (w.e.f. 31st
January, 1979).
2. Ins. by Act 65 of 1962, Sec. 7. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 2 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
2.Definitions. -
In this Act, unless the context otherwise
requires-
1[(a) "Board" means--
(i)In relation to
working journalists, the Wage Board constituted under Sec. 9 ; and
(ii)In relation to
non-journalist newspaper employees, the Wage Board constituted under Sec.
13-C;]
(b)"Newspaper" means any printed periodical
work containing public news or comments on public news and includes such other
class of printed periodical work as may, from time to time, be notified in this
behalf by the Central Government in the official Gazette;
(c)"Newspaper employee" means any working
journalist, and includes any other person employed to do any work in or in
relation to any newspaper establishment;
(d)"Newspaper establishment" means an
establishment under the control of any person or body of persons, whether
incorporated or not, for the production or publication of one or more newspaper
or for conducting any news agency or syndicate: 2[and includes newspaper
establishments specified as one establishment under the Schedule.
Explanation. - For the purposes of
this clause,-
(a)Different departments, branches and centers
of newspaper establishments shall be treated as parts thereof;
(b)A printing press shall be deemed to be a
newspaper establishment if the principal business thereof is to print
newspaper.)
3(dd)"non-journalist newspaper employee" means
a person employed to do any work in, or in relation 'to, any newspaper
establishment, but does not include any such person who-
(i)Is a working journalist,
or
(ii)Is employed mainly
in a managerial or administrative capacity, or
(iii)Being employed in
a supervisory capacity, performs, either by the nature of the duties attached
to his office or by reason of the powers vested in him, functions mainly of a
managerial nature;
(e)"Prescribed" means
prescribed by rules made under this Act;
4[(ee)Tribunal means,
-
(i)In relation to
working journalists, the Tribunal constituted under Sec. 13-AA; and
(ii)In relation to
non-journalist newspaper employees, the Tribunal constituted under Sec. 13-DD;]
5(eee) "Wages" means
all remuneration capable of being expressed in terms of money, which would, if
the terms of employment, expressed or implied, were fulfilled, be payable to a
newspaper employee in respect of his employment or of work done in such
employment, and includes
(i)Such allowances
(including dearness allowance) as the newspaper employee is for the time being
entitled to;
(ii)The value of any
house accommodation, or of supply of light, water, medical attendance or other
amenity or of any service or of any concessional supply of food grains or other
articles.
(iii)Any traveling
concession, but does not include-
(a)Any
bonus;
(b)Any contribution paid
or payable by the employer to any pension fund or provident fund or for the
benefit of the newspaper employee under any law for the time being in force
(c)Any
gratuity payable on the termination of his service.
Explanation- In this clause, the term
"wages" shall also include new allowances, if any, of any description fixed
from time to time.]
(f)"Working Journalist"
means a person whose principal avocation is that of a journalist and 6[who is
employed as such, either whole-time or part-time, in, or in relation to, one or
more newspaper establishment], and includes an editor. a leader writer, news-
editor, sub-editor, feature-writer, copy-tester, reporter, correspondent,
cartoonist, news-photographer and proof-reader, but does not include any such
person who-
(i)Is employed mainly
in a managerial or administrative capacity; or
(ii)Being employed in
a supervisory capacity, performs, either by the nature of the
duties attached to his office or by reason of the powers vested in him,
functions mainly of a managerial nature-, (g) all words and expressions used
but not defined in this Act and deemed in the Industrial Disputes Act, 1947
(XIV of 1947), shall have the meanings respectively assigned to them in that
Act.
1.Subs. by
Act 60 of 1974, Sec. 3.
2. Ins. by
Act 31 of 1989, Sec. 2.
3.Ins. by
Act 60 of 1974, Sec. 3.
4.Ins. by
Act 6 of 1979, Sec. 2 (w. e. f. 3 1st January, 19 79).
5.Ins. by
Act 31 of 1989, Sec. 2.
6.Subs. by
Act 36 of 1981 (w.e.f. 13th August, 1981). |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 20 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
20.Power to make rules. -
(l)The Central Government may, by notification
in the official Gazette, make rules to carry out the purposes of this Act.
(2)In particular and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely:
(a)Payment of gratuity
to working journalists-,
(b)Hours of work of
working journalists.
(c)Holidays, earned
leave, leave on medical certificate, casual leave or any other kind of leave
admissible to working journalist
1[(d)The procedure to
be followed by the Board 2[or, as the case may be, the Tribunal] in the
discharge of its functions under this Act;
(e)The form of
nominations, and the manner in which nominations may be made;
(f)The manner in which
an person may be appointed for the purposes of subsection (3) of Sec. 5-A;
(g)The variation or
cancellation of nominations;
(h)The manner of
giving notice under Cl. (a) of subsection (2) of Sec. 12;
(i)The registers,
records and muster-rolls to be prepared and maintained by newspaper
establishments, the forms in which they should be prepared and n maintained,
and the particulars to be entered therein;
(j)The powers that may
be exercised by an Inspector;
(k)Any other matter which
has to be, or may be, prescribed.]
3[(3)Every rule made under his section shall
be laid as soon as may be after it is made before each House of Parliament
while it is in session for a total period of thirty days which may be comprised
in one session 4[or in two or more successive sessions,] and if before the
expiry of the Session 4[immediately] following the session or the successive
sessions aforesaid), both Houses agree in making any modification in the rule
or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified 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 any thing, previously done under that
rule.]
1. Subs. by Act 65 of 1962, sec. 9, for Cls.
(d), (e), and (n (w.e.f. 15th January, 1963).
2. Savitri v. Govind Singh Rawat, 1986 (1) Cr.
L.C. 62 at. P. (S.C.).
3. Subs. by Act 65 of 1962, Sec. 9 (w.e.f.
15th January, 1963).
4. Subs. by Act 60 of 1974, Sec.6. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 21 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
21. Repeal and Saving
(1).The working Journalists and other
Newspaper Employees (Condition of service) and Miscellaneous provisions
(Amendment ordinance), 1979 is hereby repealed.
(2)Notwithstanding such repeal, anything
done or any action taken under the principal Act as amended by the said
Ordinance shall be deemed to have been done or taken under the principal Act as
amended by Act. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 3 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
3.Act XIV of 1947 to apply to working
journalists.
(1)The provisions of the Industrial Dispute
Act, 1947 (XIV of 1947), as in force for the time being, shall, subject to the
modification specified in sub-section (2), apply to, or in relation to, working
journalists as they apply to, or in relation to, workmen within the meaning of
the Act.
(2)Section 25-F of the aforesaid Act, in its
application to working journalist, shall be construed as if in Cl. (a) thereof,
for the period of notice referred to therein in relation to the retrenchment of
a workman, the following periods of notice in relation to the retrenchment of a
working journalist had been substituted, namely. -
(a)Six months, in the
case of an editor, and
(b)Three months, in
the case of any other working journalist. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 4 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
4. Special provisions in respect of certain cases of entrenchment
Special provisions in respect of certain
cases of retrenchment. - Where at any time between the 14th day of July, 1954,
and the 12th day of March, 1055, any working journalist had been retrenched, he
shall be entitled to receive from the employer-
(a)Wages for one month
at the rate to which he was entitled immediately before his retrenchment unless
he had been given one month's notice in writing before such retrenchment, and
(b)Compensation which
shall be equivalent to fifteen day's average pay for every completed year of
service under that employer or any part thereof in excess of six months. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 5 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
5.Payment of gratuity. -
(1)Where-
(a)Any working Journalist has been in continuous
service, whether before or after the commencement of this Act, for not less
than three years in any newspaper establishment, and-
(i)His services are
terminated by the employer in relation to that newspaper establishment for any
reason whatsoever, otherwise than as a punishment inflicted by way of
disciplinary action; or
(ii)He retires from
service on reaching the age of superannuation; or
(b)Any working journalist has been in
continuous service whether before or after the commencement of this Act, for
not less that ten years in any newspaper establishment, and he voluntarily
resigns on or after the lst day of July, 1961, from service in that newspaper
establishment on any ground whatsoever other than on the ground of conscience-,
or
(c)Any working journalist has been in a
continuous service, whether before or after the commencement of this Act, for
not less than three years in any newspaper establishment, and he voluntarily
resigns on or after the lst day of July, 1961, from service in that
establishment on the ground of conscience;
or
(d)Any working journalist dies while he is in
service in any newspaper
establishment;
the working journalist or, in the case of his
death, his nominee or nominees or if there is no nomination in force at the
time of the death of the working journalist his family, as the case may be,
shall, without prejudice to any benefits or rights accruing under the
Industrial Disputes Act, 1947 (14 of 1947), be paid, on such termination, retirement,
resignation or death, by the employer in relation to that establishment,
gratuity which shall be equivalent to fifteen days' average pay for every
completed year of service or any part thereof in excess of a months :
Provided that in the case of a working
journalist referred to in Cl. (b), the total 'amount of gratuity that shall be
payable to him shall not exceed twelve and a-half months' average pay:
Provided further that where a working journalist
is employed in any newspaper establishment wherein not more that six working
journalists were employed on any day of the twelve months immediately preceding
the commencement of this Act, the gratuity payable to a working journalist
employed in any such newspaper establishment for any period of service before
such commencement shall not be equivalent to fifteen days' average pay for
every completed year of service or any part thereof in excess of six months but
shall be equivalent to---
(a)Three days' average pay for every completed
year of service or any part thereof in excess of six months, if the period of
such past service does not exceed five years;
(b)Five days' average pay for every completed
year of service or any part thereof in excess of six months, if the period of
such past service exceeds five years but does not exceed ten years; and
(c)Seven days' average pay for every completed
year of service or any part thereof in excess of six months, if the period of
such past service exceeds ten years.
Explanation. -For the purposes of this sub-section
and sub-section (1) of Sec. 17, "family" means-
(i)In the case of male working journalist, his
widow, children, whether married or unmarried, and his dependent parents and
the widow and children of his deceased son:
Provided that a widow shall not be deemed to be
a member of the family of the working journalist if at the time of his death
she was not legally entitled to be maintained by him;
(ii)In the case of a female working
journalist, her husband, children, whether married or unmarried, and the
dependent parents of the working journalist or of her husband, and widow and
children of her deceased son:
Provided that if the working journalist has
expressed her desire to exclude her husband from the family, the husband and
his dependent parents shall not be deemed to be a part of the working
journalist' family, And in either of the above two cases, if the child of a
working journalist or of a deceased son of a working journalist has been
adopted by another person and if, under the personal law of the adopter,
adoption is legally recognized, such a child shall not be considered as a
member of the working journalist.
(2)Any dispute whether a working journalist
has voluntarily resigned from service in any newspaper establishment on the
ground of conscience shall be deemed to be an industrial dispute within the
meaning of Industrial Disputes Act, 1947 (14 of 1947), or any corresponding law
relating to investigation and settlement of industrial disputes in force in any
State.
(3)Where a nominee is a minor and the gratuity
under sub-section (1) has become payable during his minority, it shall be paid
to a person appointed under sub-section (3) of Sec. 5-A
Provided that where there is no such person
payment shall be made to any guardian of the property of the minor, appointed
by a competent court or where no such guardian has been appointed, to either
parent of the minor, or where neither parent is alive, to any other guardian of
the minor:
Provided further that where the gratuity is
payable to two or more nominees, and either or any of them dies, the gratuity
shall be paid to the surviving nominee or nominees.
1.Subs. by Act 65 of 1962, Sec. 3 (w.e.f. 15th
January, 1963). |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 6 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
6.Hours of work. -
(l)Subject to any rules that may be made under
this Act, no working journalist shall be required or allowed to work in any newspaper
establishment for more than one hundred and forty-four hour during any period
of four consecutive weeks, exclusive of the time for meals.
(2)Every working journalist shall be allowed
during any period of seven consecutive days rest for a period of not less than
twenty-four consecutive hours, the period between 10 p.m. and 6 p.m. being
included therein.
Explanation. -For the purposes of
this section, week" means a period seven days beginning at midnight on
Saturday. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 7 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
7.Leave -
Without prejudice to such holidays, casual
leave or other kinds of leave as may be prescribed, every working journalist
shall be entitled to-
(a)Earned leave on full wages for not less
than one-eleventh of the period spent on duty ;
(b)Leave on medical certificate on one-half of
the wages for not less than one-eighteenth of the period of service. |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 8 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
8.Fixation or revision of rates of wages. -
(1)The Central Government may, in the manner
hereinafter provided-
(a)Fix rates of wages
in respect of working journalist
(b)Revise, from time
to time, at such intervals as it may think fit, the rates of wages fixed under
this section or specified in the order made under Sec. 6 of the Working
Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958).
(2)The rates of wages may be fixed or revised
by the Central Government in respect of working journalist's time work and for
piece work.
1. Subs. by Act 65 of
1962, Sec. 3 (w.e.f. 15th January, 1963). |
Working Journalists and Other Newspaper Employees Conditions of Service) and Miscellaneous Provisions Act, 1955 | 9 | Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
9.Procedure for fixing and revising rates of
wages. -
For the purpose of fixing or revising rates of
wages in respect of working journalists under this Act, the Central Government
shall, as and when necessary, constitute a Wage Board which shall consist of-
(a)Two persons representing employers in
relation to newspaper establishments;
(b)Two persons representing working
journalists
(c)Three independent persons, one of whom
shall be a person who is or has been a Judge of High Court or the Supreme Court
and who shall be appointed by that Government as the Chairman thereof. |
Workmens Compensation Act, 1923 | 1 | Workmen's Compensation Act, 1923
1. Short title extend and commencement
(1) This Act may be called the Workmen's Compensation Act 1923.
(2) It extends to the whole of India .
(3) It shall come into force on the first day of July 1924. |
Workmens Compensation Act, 1923 | 10 | Workmen's Compensation Act, 1923
10. Notice and claim
(1) No claim for compensation shall be entertained by a
Commissioner unless notice of the accident has been given in the manner
hereinafter provided as soon as practicable after the happening thereof and
unless the claim is preferred before him within two years of the occurrence of
the accident or in case of death within two years from the date of death :
Provided that where the accident is the contracting of
a disease in respect of which the provisions of sub-section (2) of section 3
are applicable the accident shall be deemed to have occurred on the first of
the days during which the workman was continuously absent from work in
consequence of the disablement caused by the disease :
Provided further that in case of partial disablement
due to the contracting of any such disease and which does not force the workman
to absent himself from work the period of two years shall be counted from the
day the workman gives notice of the disablement to his employer :
Provided further that if a workman who having been
employed in an employment for a continuous period specified under sub-section
(2) of section 3 in respect of that employment ceases to be so employed and
develops symptoms of an occupational disease peculiar to that employment within
two years of the cessation of employment the accident shall be deemed to have
occurred on the day on which the symptoms were first detected :
Provided further that the want of or any defect or
irregularity in a notice shall not be a bar to the entertainment of a claim -
(a) if the claim is preferred in respect of the death of a
workman resulting from an accident which occurred on the premises of the
employer or at any place where the workman at the time of the accident was
working under the control of the employer or of any person employed by him and
the workman died on such premises or at such place or on any premises belonging
to the employer or died without having left the vicinity of the premises or place
where the accident occurred or
(b) if the employer or any one of several employers or any
person responsible to the employer for the management of any branch of the
trade or business in which the injured workman was employed had knowledge of
the accident from any other source at or about the time when it occurred :
Provided further that the Commissioner may entertain
and decide any claim to compensation in any case notwithstanding that the
notice has not been given or the claim has not been preferred in due time as
provided in this sub-section if he is satisfied that the failure so to give the
notice or prefer the claim as the case may be was due to sufficient cause.
(2) Every such notice shall give the name and address of the
person injured and shall state in ordinary language the cause of the injury and
the date on which the accident happened and shall be served on the employer or
upon any one of several employers or upon any person responsible to the
employer for the management of any branch of the tread or business in which the
injured workman was employed.
(3) The State Government may require that any prescribed class
of employers shall maintain at these premises at which workmen are employed a
notice book in the prescribed form which shall be readily accessible at all
reasonable times to any injuries workman employed on the premises and to any
person acting bona fide on his behalf.
(4) A notice under this section may be served by delivering it
at or sending it by registered post addressed to the residence or any office or
place of business of the person on whom it is to be served or where a notice
book is maintained by entry in the notice-book. |
Workmens Compensation Act, 1923 | 11 | Workmen's Compensation Act, 1923
11. Medical examination
(1) Where a workman has given notice of an accident he shall if
the employer before the expiry of three days from the time at which service of
the notice has been effected offers to have him examined free of charge by a
qualified medical practitioner submit himself for such examination and any
workman who is in receipt of a half-monthly payment under this Act shall if so
required submit himself for such examination from time to time :
Provided that a workman shall not be required to submit
himself for examination by a medical practitioner otherwise than in accordance
with rules made under this Act or at more frequent intervals than may be
prescribed.
(2) If a workman on being required to do so by employer under
sub-section (1) or by the Commissioner at any time refuses to submit himself
for examination by a qualified medical practitioner or in any way obstructs the
same his right to compensation shall be suspended during the continuance of
such refusal or obstruction unless in the case of refusal he was prevented by
any sufficient cause from so submitting himself.
(3) If a workman before the expiry of the period within which he
is liable under sub-section (1) to be required to submit himself for medical
examination voluntarily leaves without having been so examined the vicinity of
the place in which he was employed his right to compensation shall be suspended
until he returns and offers himself for such examination.
Where a workman whose right to compensation has been suspended
under sub-section (2) or sub-section (3) dies without having submitted himself
for medical examination as required by either of those sub-sections the
Commissioner may if he thinks fit direct the payment of compensation to the
dependants of the deceased workman. Where under sub-section (2) or sub-section
(3) a right to compensation is suspended no compensation shall be payable in
respect of the period of suspension and if the period of suspension commences
before the expiry of the waiting period referred to in clause (d) of
sub-section (1) of section 4 the waiting period shall be increased by the
period during which the suspension continues. Where an injured workman has
refused to be attended by a qualified medical practitioner whose services have
been offered to him by the employer free of charge or having accepted such
offer has deliberately disregarded the instructions of such medical
practitioner then if it is proved that the workman has not thereafter been
regularly attended by a qualified medical practitioner or having been so
attended has deliberately failed to follow his instructions and that such
refusal disregard or failure was unreasonable in the circumstances of the case
and that the injury has been aggravated thereby the injury and resulting
disablement shall be deemed to be of the same nature and duration as they might
reasonably have been excepted to be if the workman had been regularly attended
by a qualified medical practitioner whose instructions he had followed and
compensation if any shall be payable accordingly. |
Workmens Compensation Act, 1923 | 12 | Workmen's Compensation Act, 1923
12. Contracting
Where any person (hereinafter in this section referred to as the
principal) in the course of or for the purposes of his trade or business
contract with any other person (hereinafter in this section referred to as the
contractor for the execution by or under the contractor of the whole or any
part of any work which is ordinarily part of the trade or business of the
principal the principal shall be liable to pay to any workman employed in the
execution of the work any compensation which he would have been liable to pay
if that workman had been immediately employed by him; and where compensation is
claimed from the principal this Act shall apply as if references to the
principal were substituted for references to the employer except that the
amount of compensation shall be calculated with reference to the wages of the
workman under the employer by whom he is immediately employed. Where the
principal is liable to pay compensation under this section he shall be entitled
to be indemnified by the contractor or any other person from whom the workman
could have recovered compensation and where a contractor who is himself a
principal is liable to a pay compensation or to indemnify a principal under
this section be shall be entitled to be indemnified by any person standing to
him in the relation of a contractor from whom the workman could have recovered
compensation and all questions as to the right to and the amount of any such
indemnity shall in default of agreement be settled by the Commissioner. Nothing
in this section shall be construed as preventing a workman from recovering
compensation from the contractor instead of the principal. This section shall
not apply in any case where the accident occurred elsewhere that on in or about
the premises on which the principal has undertaken or usually undertakes as the
case may be to execute the work or which are otherwise under his control or
management. |
Workmens Compensation Act, 1923 | 13 | Workmen's Compensation Act, 1923
13. Remedies of employer against stranger
Where a workman has recovered compensation in respect of any
injury caused under circumstances creating a legal liability of some person
other than the person by whom the compensation was paid to pay damages in
respect thereof the person by whom the compensation was paid and any person who
has been called on to pay an indemnity under section 12 shall be entitled to be
indemnified by the person so liable to pay damages of aforesaid |
Workmens Compensation Act, 1923 | 14 | Workmen's Compensation Act, 1923
14. Insolvency of employer
Where any employer has entered into a contract with any insurers
in respect of any liability under this Act to any workman then in the event of
the employer becoming insolvent or making a compensation or scheme of
arrangement with his creditors or if the employer is a company in the event of
the company having commenced to be wound up the rights of the employer against
the insurers as respects that liability shall notwithstanding anything in any
law for the time being in force relating to insolvency or the winding up of
companies be transferred to and vest in the workman and upon any such transfer
the insurers shall have the same rights and remedies and be subject to the same
liabilities as if they were the employer so however that the insurers shall not
be under any greater liability to the workman than they would have been under
the employer. If the liability of the insurers to the workman is less than the
liability of the employer to the workman the workman may prove for the balance
in the insolvency proceedings or liquidation. Where in any case such as is
referred to in sub-section (1) the contract of the employer with the insurers
to void or voidable by reason of non-compliance on the part of the employer
with any terms or conditions of the contract (other than a stipulation for the
payment of premia) the provisions of that sub-section shall apply as if the
contract were not void or voidable and the insurers shall be entitled to prove
in the insolvency proceedings or liquidation for the amount paid to the workman
: Provided that the provisions of this sub-section shall not apply in any case
in which the workman fails to give notice to the insurers of the happening of
the accident and of any resulting disablement as soon as practicable after he
becomes aware of the institution of the insolvency or liquidation proceedings.
There shall be deemed to be included among the debts which under
section 49 of the Presidency-towns Insolvency Act 1909 (3 of 1909) or under
section 61 of the Provincial Insolvency Act 1920 (5 of 1920) or under Section
530 of the Companies Act 1956 (1 of 1956) are in the distribution of the
property of an insolvent or in the distribution of the assets of a company
being wound up to be paid in priority to all other debts the amount due in
respect of any compensation the liability where for accrued before the date of
the order of adjudication of the insolvent or the date of the commencement of
the winding up as the case may be and those Acts shall have effect accordingly.
Where the compensation is a half-monthly payment the amount due in respect
thereof shall for the purpose of this section be taken to be the amount of the
lump sum for which the half-monthly payment could if redeemable be redeemed if
application were made for that purpose under section 7 and a certificate of the
Commissioner as to the amount of such sum shall be conclusive proof thereof.
The provisions of sub-section (4) shall apply in the case of any amount for
which an insurer is entitled to prove under sub-section (3) but otherwise those
provisions shall not apply where the insolvent or the company being wound up
has entered into such a contract with insurers as is referred to in sub-section
(1). This section shall not apply where a company is wound up voluntarily
merely for the purposes of reconstruction or of amalgamation with another
company. |
Workmens Compensation Act, 1923 | 15 | Workmen's Compensation Act, 1923
15. Special provisions relating to master and seamen
This Act shall apply in the case of workmen who are masters of
ships or seamen subject to the following modifications namely :-
The notice of the accident and the claim for compensation may
except where the person injured is the master of the ship be served on the
master of the ship as if he were the employer but where the accident happened
and the disablement commenced on board the ship it shall not be necessary for
any seaman to give any notice of the accident. In the case of the death of a
master or seaman the claim for compensation shall be made within one year after
the news of the death has been received by the claimant or where the ship has
been or is deemed to have been lost with all hands within eighteen months of
the date on which the ship was or is deemed to have been so lost :
Provided that the Commissioner may entertain any claim
to compensation in any case notwithstanding that the claim has not been
preferred in due time as provided in this sub-section if he is satisfied that
the failure so to prefer the claim was due to sufficient cause.
(3) Where an injured master or seaman is discharged or left
behind any part of India or in any foreign country any depositions taken by any
Judge or Magistrate in that part or by any Consular Officer in the foreign
country and transmitted by the person by whom they are taken to the Central
Government or any State Government shall in any proceedings for enforcing the
claim be admissible in evidence -
if the deposition is authenticated by the signature of the Judge
Magistrate or Consular Officer before whom it is made; if the defendant or the
person accused as the case may be had an opportunity by himself or his agent to
cross-examine the witness; and if the deposition was made in the course of a
criminal proceeding on proof that the deposition was made in the presence of
the person accused and it shall not be necessary in any case to prove the
signature or official character of the person appearing to have signed any such
deposition and a certificate by such person that the dependant or the person
accused had an opportunity or cross-examining the witness and that the
deposition if made in a criminal proceeding was made in the presence of the
person accused shall unless the contrary is proved be sufficient evidence that
he had that opportunity and that it was so made.
(4) No half-monthly payment shall be payable in respect of the
period during which the owner of the ship is under any law in force for the
time being relating to merchant shipping liable to defray the expenses of
maintenance of the injured master or seaman.
No compensation shall be payable under this Act in respect of
any injury in respect of which provision is made for payment of gratuity
allowance or pension under the War Pensions and Detention Allowances
(Mercantile Marine etc.) Scheme 1939 or the War Pensions and Detention
Allowances (Indian Seamen etc.) Scheme 1941 made under the Pensions (Navy Army
Air Force and Mercantile Marine) Act 1939 (2 & 3 Geo. 6 c 83) or under the
War Pensions and Detention Allowances (Indian Seamen) Scheme 1942 made by the
Central Government. Failure to give a notice or make a claim or commence
proceedings within the time required by this Act shall not be a bar to the
maintenance of proceedings under this Act in respect of any personal injury if
- an application has been made for payment in respect of that injury under any
of the schemes referred to in the preceding clause and the State Government
certifies that the said application was made in the reasonable belief that the
injury was one in respect of which the scheme under which the application was
made makes provision for payments and that the application was rejected or that
payments made in pursuance of the application were discontinued on the ground
that the injury was not such an injury and the proceedings under this Act are
commenced within one month from the date on which the said certificate of the
State Government was furnished to person commencing the proceedings. |
Workmens Compensation Act, 1923 | 16 | Workmen's Compensation Act, 1923
16. Returns as to compensation
The State Government may by notification in the Official Gazette
direct that every person employing workmen or that any specified class of such
persons shall send at such time and in such form and to such authority as may
be specified in the notification a correct return specifying the number of
injuries in respect of which compensation has been paid by the employer during
the pervious year and the amount of such compensation together with such other
particulars as to the compensation as the State Government may direct. |
Workmens Compensation Act, 1923 | 17 | Workmen's Compensation Act, 1923
17. Contracting out Any contract or agreement
whether made before or after the commencement of this Act
whereby a workman relinquishes any right of compensation from the employer for
personal injury arising out of or in the course of the employment shall be null
and void in so far as it purports to remove or reduce the liability of any
person to pay compensation under this Act. |
Workmens Compensation Act, 1923 | 18 | Workmen's Compensation Act, 1923
18. Proof of age [Repealed by the Workmen's Compensation
(Amendment) Act 1959, (8 of 1959)] |
Workmens Compensation Act, 1923 | 19 | Workmen's Compensation Act, 1923
19. Reference of Commissioners
If any question arises in any proceedings under this Act as to
the liability of any person to pay compensation (including any question as to
whether a person injured is or is not a workman) or as to the amount of
duration of compensation (including any question as to the nature or extent of
disablement) the question shall in default of agreement be settled by a
Commissioner.
No Civil Court shall have jurisdiction to settle decided or deal
with any question which is by or under this Act required to be settled decided
or dealt with by a Commissioner or to enforce any liability incurred under this
Act. |
Workmens Compensation Act, 1923 | 2 | Workmen's Compensation Act, 1923
2. Definitions In this Act unless there is anything
repugnant in the subject or context -
[Clause (a) omitted w.e.f. 1-6-1959.]
(b) "Commissioner" means a Commissioner for Workmen's
Compensation appointed under section 20;
(c) "compensation" means compensation as provided for
by this Act;
(d) "dependent" means any of the following relatives
of a deceased workman namely:
(i) a widow a minor legitimate or adopted son
an unmarried legitimate or adopted daughter or a widowed mother; and
(ii) if wholly dependant on the earnings of
the workman at the time of his death a son or a daughter who has attained the
age of 18 years and who is infirm;
(iii) if wholly or in part dependant on the
earnings of the workman at the time of his death-
(a) a widower
(b) a parent other
than a widowed mother
(c) a minor illegitimate son an unmarried
illegitimate daughter or a daughter legitimate or illegitimate or adopted if
married and a minor or if widowed and minor
(d) a minor brother or an unmarried sister or
a widowed sister if a minor
(e) a widowed daughter-in-law
(f) a minor child of a
pre-deceased son
(g) a minor child of a pre-deceased daughter
where no parent of the child is alive or
(h) a paternal
grandparent if no parent of the workman is alive;
Explanation : For the purpose of
sub-clause (ii) and items (f) and (g) of sub-clause (iii) references to a son
daughter or child include an adopted son daughter or child respectively.
(e) "employer" includes any body of persons whether
incorporated or not and any managing agent of an employer and the legal
representative of a deceased employer and when the services of a workman are
temporarily lent or let on hire to another person by the person with whom the
workman has entered into a contract of service or apprenticeship means such
other person while the workman is working for him;
(f) "managing agent" means any person appointed or
acting as the representative of another person for the purpose of carrying on
such other person's trade or business but does not include an individual
manager subordinate to an employer;
(ff) "minor" means a person who has not attained the
age of 18 years;
(g) "partial disablement" means where the disablement
is of a temporary nature such disablement as reduces the earning capacity of a
workman in any employment in which he was engaged at the time of the accident
resulting in the disablement and where the disablement is of a permanent nature
such disablement as reduces his earning capacity in every employment which he
was capable of undertaking at that time :
Provided that every injury specified in Part II of
Schedule shall be deemed to result in permanent partial disablement;
(h) "prescribed" means prescribed by rules made under
this Act;
(i) "qualified medical practitioner" means any person
registered under any Central Act or an Act of the Legislature of a State
providing for the maintenance of a register of medical practitioners or in any
area where no such last-mentioned Act is in force any person declared by the
State Government by notification in the Official Gazette to be a qualified
medical practitioner for the purpose of this Act;
[Clause (j) omitted by Act 15 of 1933]
(k) "seaman" means any person forming part of the crew
of any ship but does not include the master of the ship;
(l) "total disablement" means such disablement whether
of a temporary or permanent nature as incapacitates a workman for all work
which he was capable of performing at the time of the accident resulting in
such disablement :
Provided that permanent total disablement shall be
deemed to result from every injury specified in Part I of Schedule I or from
any combination of injuries specified in Part II thereof where the aggregate
percentage of the loss of earning capacity as specified in the said Part II against
those injuries amount to one hundred per cent or more;
(m) "wages" includes any privilege or benefit which is
capable of being estimated in money other than a traveling allowance or the
value of any traveling concession or a contribution paid by the employer of a
workman towards any pension or provident fund or a sum paid to a workman to
cover any special expenses entailed on him by the nature of his employment;
(n) "workman" means any person (other than a person
whose employment is of a casual nature and who is employed otherwise than for
the purposes of the employer's trade or business) who is -
(i) a railway servant as defined in Section 3
of the Indian Railways Act 1890 (9 of 1890) not permanently employed in any
administrative district or sub-divisional office of a railway and not employed
in any such capacity as is specified in Schedule II or
(ia)(a) a master
seaman or other member of the crew of a ship.
(b) a captain or other
member of the crew of an aircraft
(c) a person recruited as driver helper
mechanic cleaner or in any other capacity in connection with a motor vehicle
(d) a person recruited for work abroad by a
company and who is employed outside India in any such capacity as is specified
in Schedule II and the ship aircraft or motor vehicle or company as the case
may be is registered in India or;
(ii) employed in any such capacity as is
specified in Schedule II whether the contract of employment was made before or
after the passing of this Act and whether the contract is expressed or implied
oral or in writing; but does not include any person working in the capacity of
a member of the Armed Forces of the Union; and any reference to a workman who
has been injured shall where the workman is dead includes a reference to his
dependants or any of them.
(2) The exercise and performance of the powers
and duties of a local authority or of any department acting on behalf of the
Government shall for the purposes of this Act unless a contrary intention
appears be deemed to be the trade or business of such authority or department.
(3) The Central Government or the State
Government after giving by notification in the Official Gazette not less than
three months' notice of its intention so to do may by a like notification add
to Schedule II any class of persons employed in any occupation which it is
satisfied is a hazardous occupation and the provisions of this Act shall
thereupon apply in case of notification by the Central Government within the
territories to which the Act extends or in the case of a notification by a
State Government within the State to such classes of persons :
Provided that in making addition the Central Government
or the State Government as the case may be may direct that the provisions of
this Act shall apply to such classes of persons in respect of specified
injuries only. |
Workmens Compensation Act, 1923 | 20 | Workmen's Compensation Act, 1923
20. Appointment of Commissioners
(1) The State Government may by notification in the Official
Gazette appoint any person to be a Commissioner for Workmen's Compensation for
such area as may be specified in the notification.
(2) Where more than one Commissioner has been appointed for any
area the State Government may by general or special order regulate the
distribution of business between them.
(3) Any Commissioner may for the purpose of deciding any matter
referred to him for decision under this Act choose one or more persons
possessing special knowledge of any matter relevant to the matter under inquiry
to assist him in holding the inquiry.
(4) Every Commissioner shall be deemed to be a public servant
within the meaning of the Indian Penal Code (45 of 1860). |
Workmens Compensation Act, 1923 | 21 | Workmen's Compensation Act, 1923
21. Venue of proceedings and transfer
(1) Where any matter under this Act is to be done by or before a
Commissioner the same shall subject to the provisions of this Act and to any
rules made hereunder be done by or before the Commissioner for the area in
which -
(a) the accident took place which resulted in
the injury; or
(b) the workman or in case of his death the
dependant claiming the compensation ordinarily resides; or
(c) the employer has his registered office :
Provided that no matter shall be processed before or by
a Commissioner other than the Commissioner having jurisdiction over the area in
which the accident took place without his giving notice in the manner
prescribed by the Central Government to the Commissioner having jurisdiction
over the area and the State Government concerned
Provided further that where the workman being the
master of a ship or a seaman or the captain or a member of the crew of an
aircraft or a workman in a motor vehicle or a company meets with the accident
outside India any such matter may be done by or before a Commissioner for the
area in which the owner or agent of the ship aircraft or motor vehicle resides
or carries on business or the registered office of the company is situate as
the case may be.
(1A) If a Commissioner other than the Commissioner with whom any
money has been deposited under section 8 proceeds with a matters under this Act
the former may for the proper disposal of the matter call for transfer of any
records or moneys remaining with the latter and on receipt of such a request he
shall comply with the same.
(2) If a Commissioner is satisfied that any matter arising out
of any proceedings pending before him can be more conveniently dealt with by
any other Commissioner whether in the same State or not he may subject to rules
made under this Act order such matter to be transferred to such other
Commissioner either for report or for disposal and if he does so shall forthwith
transmit to such other Commissioner all documents relevant for the decision of
such matter and where the matter in transferred for disposal shall also
transmit in the prescribed manner any money remaining in his hands or invested
by him for the benefit of any party to the proceedings :
Provided that the Commissioner shall not where any party to the
proceedings has appeared before him made any order of transfer relating to the
distribution among dependants of a lump sum without giving such party an
opportunity of being heard :
(3) The Commissioner to whom any matter is so transferred shall
subject to rules made under this Act inquire there into and if the matter was
transferred for disposal continue the proceedings as if they had originally
commenced before him.
(4) On receipt of report from a Commissioner to whom any matter
has been transferred for report under sub-section (2) the Commissioner by whom
it was referred shall decide the matter referred in conformity with such
report.
(5) The State Government may transfer any matter from any
Commissioner appointed by it to any other Commissioner appointed by it. |
Workmens Compensation Act, 1923 | 22 | Workmen's Compensation Act, 1923
22. Form of application
(1) Where an accident occurs in respect of which liability to
pay compensation under this Act arises a claim for such compensation may
subject to the provisions of this Act be made before the Commissioner,
(1A) Subject to the provisions of sub-section (1) no application
for the settlement of any matter of Commissioner other than an application by a
dependant or dependants for compensation shall be made unless and until some
question has arisen between the parties in connection therewith which they have
been unable to settle by agreement.
(2) An application to a Commissioner may be made in such form
and shall be accompanied by such fee if any as may be prescribed and shall
contain in addition to any particulars which may be prescribed the following
particulars namely :-
(a) A concise statement of the circumstances
in which the application is made and the relief or order which the applicant
claims;
(b) in the case of a claim for compensation
against an employer the date of service of notice of the accident on the
employer and if such notice has not been served or has not been served in due
time the reason for such omission;
(c) the names and addresses of the parties;
and
(d) except in the case of an application by
dependants for compensation a concise statement of the matters on which
agreement has and of those on which agreement has not been come to.
(3) If the applicant is illiterate or for any other reason is
unable to furnish the required information in writing the application shall if
the applicant so desires be prepared under the direction of the Commissioner. |
Workmens Compensation Act, 1923 | 23 | Workmen's Compensation Act, 1923
23. Powers and procedure of Commissioners.
The Commissioner shall have all the powers of a Civil Court
under the Code of Civil Procedure 1908 (5 of 1908) for the purpose of taking
evidence on oath (which such Commissioner is hereby empowered to impose) and of
enforcing the attendance of witnesses and compelling the production of
documents and material objects and the Commissioner shall be deemed to be a
Civil Court for all the purposes of section 195 and of Chapter XXVI of the Code
of Criminal Procedure 1973 (2 of 1974). |
Workmens Compensation Act, 1923 | 24 | Workmen's Compensation Act, 1923
24. Appearance of parties
Any appearance application or act required to be made or done by
any person before or to a Commissioner (other than an appearance of a party
which is required for the purpose of his examination as a witness) may be made
or done on behalf of such person by a legal practitioner or by an official of
an Insurance company or a registered Trade Union or by an Inspector appointed
under sub-section (1) of section 8 of the Factories Act 1948 (63 of 1948) or
under sub-section (1) of section 5 of the Mines Act 1952 (35 of 1952) or by any
other officer specified by the State Government in this behalf authorized in
writing by such person or with the permission of the Commissioner by any other
person so authorized. |
Workmens Compensation Act, 1923 | 25 | Workmen's Compensation Act, 1923
25. Method of recording evidence
The Commissioner shall make a brief memorandum of the substance
of the evidence of every witness as the examination of the witness proceeds and
such memorandum shall be written and signed by the Commissioner with his own
hand and shall form part of the record :
Provided that if the Commissioner is prevented from
making such memorandum he shall record the reason of his inability to do so and
shall cause such memorandum to be made in writing from his dictation and shall
sign the same and such memorandum shall form part of the record :
Provided further that the evidence of any medical
witness shall be take down as nearly as may be word for word. |
Workmens Compensation Act, 1923 | 26 | Workmen's Compensation Act, 1923
26. Costs
All costs incidental to any proceedings before a Commissioner
shall subject to rules made under this Act be in the discretion of the
Commissioner. |
Workmens Compensation Act, 1923 | 27 | Workmen's Compensation Act, 1923
27. Power of submit cases
A Commissioner may if he thinks fit submit any question of law
for the decision of the High Court and if he does so shall decide the question
in conformity with such decision. |
Workmens Compensation Act, 1923 | 28 | Workmen's Compensation Act, 1923
28. Registration of agreements
(1) Where the amount of any lump sum payable as compensation has
been settled by agreement whether by way of redemption of a half-monthly
payment or otherwise or where any compensation has been so settled as being
payable to a woman or a person under a legal disability a memorandum thereof
shall be sent by the employer to the Commissioner who shall on being satisfied
as to its genuineness record the memorandum in a register in the prescribed
manner :
Provided that -
(a) no such memorandum shall be recorded before seven days after
communication by the Commissioner of notice to the parties concerned;
[Clause (b) omitted by Act 5 of 1929.]
(c) the Commissioner may at any time rectify the register;
(d) where it appears to the Commissioner that an agreement as to
the payment of a lump sum whether by way of redemption of a half-monthly
payment or otherwise or an agreement as to the amount of compensation payable
to a woman or a person under a legal disability ought not to be registered by
reason of the inadequacy of the sum or amount or by reason of the agreement
having been obtained by fraud or undue influence or other improper means he may
refuse to record the memorandum of the agreement and may make such order
including an order as to any sum already paid under the agreement as he thinks
just in the circumstances.
(2) An agreement for the payment of compensation which has been
registered under sub-section (1) shall be enforceable under this Act
notwithstanding anything contained in the Indian Contract Act 1872 (9 of 1872)
or in any other law for the time being in force. |
Workmens Compensation Act, 1923 | 29 | Workmen's Compensation Act, 1923
29. Effect of failure to register agreement
Where a memorandum of any agreement the registration of which is
required by section 28 is not sent to the Commissioner as required by that
section the employer shall be liable to pay the full amount of compensation
which he is liable to pay under the provisions of this Act and notwithstanding
anything contained in the proviso to sub-section (1) of section 4 shall not
unless the Commissioner otherwise directs be entitled to deduct more than half
of any amount paid to the workman by way of compensation whether under the
agreement or otherwise. |
Workmens Compensation Act, 1923 | 3 | Workmen's Compensation Act, 1923
3. Employer's liability for compensation
(1) If personal injury is caused to a workman by accident
arising out of and in the course of his employment his employer shall be liable
to pay compensation in accordance with the provisions of this Chapter :
Provided that the employer shall not be so liable -
(a) in respect of any injury which does not result in the total
or partial disablement of the workman for a period exceeding three days;
(b) in respect of any injury not resulting in death or permanent
total disablement caused by an accident which is directly attributable to -
the workman having been at the time thereof under the influence
of drink or drugs or the willful disobedience of the workman to an order
expressly given or to a rule expressly framed for the purpose of securing the
safety of workmen or the willful removal or disregard by the workman of any
safety guard or other device he knew to have been provided for the purpose of
securing the safety of workman. (2) If a workman employed in any employment
specified in Part A of Schedule III contracts any disease specified therein as
an occupational disease peculiar to that employment or if a workman whilst in
the service of an employer in whose service he has been employed for a
continuous period of not less than six months (which period shall not include a
period of service under any other employer in the same kind of employment) in
any employment specified in Part B of Schedule III contracts any disease
specified therein as an occupational disease peculiar to that employment or if
a workman whilst in the service of one or more employers in any employment
specified in Part C of Schedule III for such continuous period as the Central
Government may specify in respect of each such employment contracts any disease
specified therein as an occupational disease peculiar to that employment the
contracting of the disease shall be deemed to be as injury by accident within
the meaning of this section and unless the contrary is proved the accident
shall be deemed to have arisen out of and in the course of the employment :
Provided that if it proved -
that a workman whilst in the service of one or more employers in
any employment specified in Part C of Schedule III has contracted a disease
specified therein as an occupational disease peculiar to that employment during
a continuous period which is less than the period specified under this
sub-section for that employment; and that the disease has arisen out of and in
the course of the employment the contracting of such disease shall be deemed to
be an injury by accident within the meaning of this section : Provided further
that if it is proved that a workman who having served under any employer in any
employment specified in Part B of Schedule III or who having served under one
or more employers in any employment specified in Part C of that Schedule for a
continuous period specified under this sub-section for that employment and he
has after the cessation of such service contracted any disease specified in the
said Part B or the said Part C as the case may be as an occupational disease
peculiar to the employment and that such disease arose out of the employment the
contracting of the disease shall be deemed to be injury by accident within the
meaning of this section.
(2A) If a workman employed in any employment specified in Part C
of Schedule III contracts any occupational disease peculiar to that employment
the contracting whereof is deemed to be an injury by accident within the
meaning of this section and such employment was under more than one employer
all such employers shall be liable for the payment of the compensation in such
proportion as the Commissioner may in the circumstances deem just.
(3) The Central Government or the State Government after giving
by notification in the Official Gazette 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 Schedule III 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 diseases peculiar to those
employments respectively and thereupon the provisions of sub-section (2) shall
apply in the case of a notification by the Central Government within the
territories to which this Act extends or in case of and notification by the
State Government within the State as if such diseases had been declared by this
Act to be occupational diseases peculiar to those employments.
Save as provided by sub-sections (2), (2A) and (3) no
compensation shall be payable to a workman in respect of any disease unless the
disease is directly attributable to a specific injury by accident arising out
of and in the course of his employment. Nothing herein contained shall be
deemed to confer any right to compensation on a workman in respect of any
injury if he has instituted in a civil court a suit for damages in respect of
the injury against the employer or any other person; and no suit for damages
shall be maintainable by a workman in any court of law in respect of any injury
- (a) if he has instituted a claim to compensation in respect of the injury
before a Commissioner; or
(b) if an agreement has been come to between the workman and his
employer providing for the payment of compensation in respect of the injury in
accordance with the provisions of this Act. |
Workmens Compensation Act, 1923 | 30 | Workmen's Compensation Act, 1923
30. Appeals
(1) An appeal shall lie to the High Court from the following
orders of a Commissioner namely :-
(a) an order as awarding as compensation a
lump sum whether by way of redemption of a half-monthly payment or otherwise or
disallowing a claim in full or in part for a lump sum;
(a) an order awarding
interest or penalty under section 4A;
(b) an order refusing to allow redemption of a
half-monthly payment;
(c) an order providing for the distribution of
compensation among the dependants of a deceased workman or disallowing any
claim of a person alleging himself to be such dependant;
(d) an order allowing or disallowing any claim
for the amount of an indemnity under the provisions of sub-section (2) of
section 12; or
(e) an order refusing to register a memorandum
of agreement or registering the same or providing for the registration of the
same subject to conditions :
Provided that no appeal shall lie against any
order unless a substantial question of law is involved in the appeal and in the
case of an order other than an order such as is referred to in clause (b)
unless the amount in dispute in the appeal is not less than three hundred
rupees :
Provided further that no appeal shall lie in any
case in which the parties have agreed to abide by the decision of the
Commissioner or in which the order of the Commissioner gives effect to an
agreement come to by the parties :
Provided further that no appeal by an employer
under clause (a) shall lie unless the memorandum of appeal is accompanied by a
certificate by the Commissioner to the effect that the appellant has deposited
with him the amount payable under the order appealed against.
The period of limitation for an appeal under this section shall
be sixty days.
(3) The provisions of section 5 of the Limitation Act 1963 (36 of 1963) shall
be applicable to appeals under this section. |
Workmens Compensation Act, 1923 | 31 | Workmen's Compensation Act, 1923
31. Recovery
The Commissioner may recover as an arrear of land revenue any
amount payable by any person under this Act whether under an agreement for the
payment of compensation or otherwise and the Commissioner shall be deemed to be
a public officer within the meaning of section 5 of the Revenue Recovery Act
1890 (1 of 1890). |
Workmens Compensation Act, 1923 | 32 | Workmen's Compensation Act, 1923
32. Power of the State Government to make rules
(1) The State Government may make rules to carry out the purpose
of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power such rules may provide for all or any of the following matters
namely :-
(a) for prescribing the intervals at which and
the conditions subject to which an application for review may be made under
section 6 when not accompanied by a medical certificate;
(b) for prescribing the intervals at which and
the conditions subjects to which a workman may be required to submit himself
for medical examination under sub-section (1) of section 11;
(c) for prescribing the procedure to be
followed by Commissioners in the disposal of cases under this Act and by the
parties in such cases;
(d) for regulating the transfer of matters and
cases from one Commissioner to another and the transfer of money in such cases;
(e) for prescribing the manner in which money
in the hands of a Commissioner may be invested for the benefit of dependants of
a deceased workman and for the transfer of money so invested from one
Commissioner to another;
(f) for the representation in proceedings
before Commissioners of parties who are minors or are unable to make an
appearance;
(g) for prescribing the form and manner in
which memorandum of agreements shall be presented and registered;
(h) for the withholding by Commissioners
whether in whole or in part of half-monthly payments pending decision on
application for review of the same;
(i) for regulating the scales of costs which
may be allowed in proceedings under this Act;
(j) for prescribing and determining the amount
of the fees payable in respect of any proceedings before a Commissioner under
this Act;
(k) for the maintenance by Commissioners of
registers and records of proceedings before them;
(l) for prescribing the classes of employers
who shall maintain notice-books under sub-section (3) of section 10 and the
form of such notice-books;
(m) for prescribing the form of statement to
be submitted by employers under section 10A;
(n) for prescribing the cases in which the
report referred to in section 10B may be sent to an authority other than the
Commissioner;
(o)for prescribing abstracts of this Act and
requiring the employers to display notices containing such abstracts;
(p) for prescribing the manner in which
diseases specified as occupation diseases may be diagnosed;
(q) for prescribing the manner in which
diseases may be certified for any of the purposes of this Act;
(r) for prescribing the manner in which and the
standards by which incapacity may be assessed.
(3) Every rule made under this section shall be laid as soon as
may be after it is made before the State Legislature. |
Workmens Compensation Act, 1923 | 33 | Workmen's Compensation Act, 1923
33. Power of Local Government to make rules
[Repealed by the A.O. 1937] |
Workmens Compensation Act, 1923 | 34 | Workmen's Compensation Act, 1923
34. Publication of rules
The power to make rules conferred by section 32 shall be subject
to the condition of the rules being made after previous publication.
The date to be specified in accordance with clause (3) of
section 23 of the General Clauses Act 1897 (10 of 1897) as that after which a
draft of rules proposed to be made under section 32 will be taken into
consideration shall not be less than three months from the date on which the
draft of proposed rules was published for general information.
Rules so made shall be published in the Official Gazette and on
such publication shall have effect as if enacted in this Act. |
Workmens Compensation Act, 1923 | 35 | Workmen's Compensation Act, 1923
35. Rules to give effect to arrangements with other
countries for the transfer of money paid as compensation
(1) The Central Government may by notification in the Official
Gazette make rules for the transfer to any foreign country of money deposited
with a Commissioner under this Act which has been awarded to or may be due to
any person residing or about to reside in such foreign country and for the receipt
distribution and administration in any State of any money deposited under the
law relating to workmen's compensation in any foreign country which has been
awarded to or may be due to any person residing or about to reside in any State
:
Provided that no sum deposited under this Act in
respect of fatal accidents shall be so transferred without the consent of the
employer concerned until the Commissioner receiving the sum has passed orders
determining its distribution and apportionment under the provisions of
sub-sections (4) and (5) of section 8.
(2) Where money deposited with a Commissioner has been so
transferred in accordance with the rules made under this section the provisions
elsewhere contained in this Act regarding distribution by the Commissioner of
compensation deposited with him shall cease to apply in respect of any such
money. |
Workmens Compensation Act, 1923 | 36 | Workmen's Compensation Act, 1923
36. Rules made by Central Government to be laid before
Parliament
Every rule made under this Act by the Central Government shall
be laid as soon as may be after it is made before each House of Parliament
while it is in session for a total period of thirty days which may be comprised
in one session or in two or more successive sessions and if before the expiry
of the session immediately following the session of the successive sessions
aforesaid both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made the rule shall thereafter have
effect only in such modified 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 anything previously done under that rule. |
Workmens Compensation Act, 1923 | 4 | Workmen's Compensation Act, 1923
4. Amount of compensation
(1) Subject to the provisions of this Act the amount of
compensation shall be as follows namely :-
where death results from the injury an amount equal to fifty per
cent of the monthly wages of the deceased workman multiplied by the relevant
factor; or an amount of fifty thousand rupees whichever is more; where
permanent total disablement results from the injury an amount equal to sixty
per cent of the monthly wages of the injured workman multiplied by the relevant
factor; or an amount of sixty thousand rupees whichever is more.
Explanation I : For the purpose of clause (a) and clause (b)
relevant factor in relation to a workman means the factor specified in the
second column of Schedule IV against the entry in the fits column of that
Schedule specifying the number of years which are the same as the completed
years of the age of the workman on his birthday immediately preceding the date
on which the compensation fell due;
Explanation II : Where the monthly wages of a workman exceed
two thousand rupees his monthly wages for the purposes of clause
(a) and clause
(b) shall be deemed to be two thousand rupees only;
(c) where permanent partial disablement results from the injury
in the case of an injury specified in Part II of Schedule I such percentage of
the compensation which would have been payable in the case of permanent total
disablement as is specified therein as being the percentage of the lass of
earning capacity caused by that injury; and in the case of an injury specified
in Schedule I such percentage of the compensation payable in the case of
permanent total disablement as is proportionate to the loss of earning capacity
(as assessed by the qualified medical practitioner) permanently caused by the
injury;
Explanation I : Where more injuries than one are caused by the
same accident the amount of compensation payable under this head shall be
aggregated but not so in any case as to exceed the amount which would have been
payable if permanent total disablement had resulted from the injuries.
Explanation II : In assessing the loss of earning capacity for
the purpose of sub-clause
(ii) the qualified medical practitioner shall have due regard to
the percentages of loss of earning capacity in relation to different injuries
specified in Schedule I;
(d) where temporary disablement whether total or partial results
from the injury a half monthly payment of the sum equivalent to twenty five per
cent of monthly wages of the workman to be paid in accordance with the
provisions of sub-section (2).
(1A) Notwithstanding anything contained in sub-section (1) while
fixing the amount of compensation payable to a workman in respect of an
accident occurred outside India the Commissioner shall take into account the
amount of compensation if any awarded to such workman in accordance with the
law of the country in which the accident occurred and shall reduce the amount
fixed by the amount of compensation awarded to the workman in accordance with
the law of that country.
(2) The half-monthly payment referred to in clause (d) of sub-section
(1) shall be payable on the sixteenth day -
from the date of disablement where such disablement lasts for a
period of twenty-eight days or more or after the expiry of a waiting period of
three days from the date of disablement where such disablement lasts for a
period of less than twenty-eight days; and thereafter half-monthly during the
disablement or during a period of five years whichever period is shorter :
Provided that -
there shall be deducted from any lump sum or half monthly
payments to which the workman is entitled the amount of any payment or
allowance which the workman has received from the employer by way of
compensation during the period of disablement prior to the receipt of such lump
sum or of the first half monthly payment as the case may be; and no half
monthly payment shall in any case exceed the amount if any by which half the
amount of the monthly wages of the workman before the accident exceeds half the
amount of such wages which he is earning after the accident.
Explanation : Any payment or allowance which the workmen has
received from the employer towards his medical treatment shall not be deemed to
be a payment or allowance received by him by way of compensation within the
meaning of clause (a) of the proviso.
On the ceasing of the disablement before the date on which any
half monthly payment falls due there shall be payable in respect of that half
monthly a sum proportionate to the duration of the disablement in that half
month. If the injury of the workman results in his death the employer shall in
addition to the compensation under sub-section
(1) deposit with the Commissioner a sum of one thousand rupees
for payment of the same of the eldest surviving dependant of the workman
towards the expenditure of the funeral of such workman or where the workman did
not have a dependant or was not living with his dependant at the time of his
death to the person who actually incurred such expenditure. 4A. Compensation to
be paid when due and penalty for default Compensation under section 4 shall be
paid as soon as it falls due.
(2) In cases where the employer does not accept the liability
for compensation to the extent claimed he shall be bound to make provisional
payment based on the extent of liability which he accepts and such payment
shall be deposited with the Commissioner or made to the workman as the case may
be without prejudice to the right of the workman to make any further claim.
direct that the employer shall in addition to the amount of the
arrears pay simple interest thereon at the rate of twelve per cent annum or at
such higher rate not exceeding the maximum of the lending rates of any
scheduled bank as may be specified by the Central Government by notification in
the Official Gazette on the amount due; and if in his opinion there is no
jurisdiction for the delay direct that the employer shall in addition to the
amount of the arrears and interest thereon pay a further sum not exceeding
fifty per cent of such amount by way of penalty :
Provided that an order for the payment of penalty shall
not be passed under clause (b) without giving a reasonable opportunity to the
employer to shoe cause why it should not be passed.
Explanation : For the purposes of this sub-section
"scheduled bank" means a bank for the time being included in the
Second Schedule to the Reserve Bank of India Act 1934 (2 of 1934
(3A) The interest payable under sub-section (3) shall be paid to
the workman or his dependant as the case may be and the penalty shall be
credited to the State Government.
Method of calculating wages In this Act and for the purpose
thereof the expression "monthly wages" means the amount of wages
deemed to be payable for a months' service (whether the wages are payable by
the month or by whatever other period or at piece rates) and calculated as
follows namely :-
where the workman has during a continuous period of not less
than twelve months immediately preceding the accident been in the service of
the employer who is liable to pay compensation the monthly wages of the workman
shall be one-twelfth of the total wages which have fallen due for payment to
him by the employer in the last twelve months of that period; where the whole
of the continuous period of service immediately preceding the accident during
which the workman was in the service of the employer who is liable to pay the
compensation was less than one month the monthly wages of the workman shall be
the average monthly amount which during the twelve months immediately preceding
the accident was being earned by a workman employed on the same work by the
same employer or if there was no workman so employed by a workman employed on
similar work in the same locality; in other cases including cases in which it
is not possible for want of necessary information to calculate the monthly
wages under clause (b) the monthly wages shall be thirty times the total wages
earned in respect of the last continuous period of service immediately
preceding the accident from the employer who is liable to pay compensation
divided by the number of days comprising such period.
Explanation : A period of service shall for the purposes of
this section be deemed to be continuous which has not been interrupted by a
period of absence from work exceeding fourteen days. |
Workmens Compensation Act, 1923 | 5 | Workmen's Compensation Act, 1923
5. Method of
calculating wages—
In this Act and for
the purposes thereof the expression “monthly wages” means the amount of wages
deemed to be payable for a month’s service (whether the wages are payable by
the month or by whatever other period or at piece rates), and calculated] as
follows, namely:—
a.
where
the workman has, during a continuous period of not less than twelve months
immediately preceding the accident, been in the service of the employer who is
liable to pay compensation, the monthly wages of the workman shall be
one-twelfth of the total wages which have fallen due for payment to him by the
employer in the last twelve months of that period;
b.
where
the whole of the continuous period of service immediately preceding the
accident during which the workman was in the service of the employer who is
liable to pay the compensation was less than one month, the monthly wages of
the workman shall be the average monthly amount which, during the twelve months
immediately preceding the accident, was being earned by a workman employed on
the same work by the same employer, or, if there was no workman so employed, by
a workman employed on similar work in the same locality;]
c.
in
other cases [including cases in which it is not possible for want of necessary
information to calculate the monthly wages under clause (b)]], the monthly
wages shall be thirty times the total wages earned in respect of the last
continuous period of service immediately preceding the accident from the
employer who is liable to pay compensation, divided by the number of days
comprising such period.
Explanation.— A
period of service shall, for the purposes of 8 [this section] be deemed to be
continuous which has not been interrupted by a period of absence from work
exceeding fourteen days. |
Workmens Compensation Act, 1923 | 6 | Workmen's Compensation Act, 1923
6. Review Any half-monthly payment payable under this Act
(1) either under an agreement between the parties or under the
order of a Commissioner may be reviewed by the Commissioner on the application
either of the employer or of the workman accompanied by the certificate of a
qualified medical practitioner that there has been a change in the condition of
the workman or subject to rules made under this Act on application made without
such certificate.
(2) Any half-monthly payment may on review under this section subject
to the provisions of this Act be continued increased decreased or ended or if
the accident is found to have resulted in permanent disablement be converted to
the lump sum to which the workman is entitled less any amount which he has
already received by way of half-monthly payments. |
Workmens Compensation Act, 1923 | 7 | Workmen's Compensation Act, 1923
7. Commutation of half-monthly payments
Any right to receive half-monthly payments may by agreement
between the parties or if the parties cannot agree and the payments have been
continued for not less than six months on the application of either party to
the Commissioner be redeemed by the payment of a lump sum of such amount as may
be agreed to by the parties or determined by the Commissioner as the case may
be. |
Workmens Compensation Act, 1923 | 8 | Workmen's Compensation Act, 1923
8. Distribution of compensation
(1) No payment of compensation in respect of a workman whose
injury has resulted in death and no payment of a lump sum as compensation to a
woman or a person under a legal disability shall be made otherwise than by
deposit with the Commissioner and no such payment directly by an employer shall
be deemed to be a payment of compensation :
Provided that in the case of a deceased workman an
employer may make to any dependant advances on account of compensation of an
amount equal to three months' wages of such workman and so much of such amount
as does not exceed the compensation payable to that dependant shall be deducted
by the Commissioner from such compensation and repaid to the employer.
Any other sum amounting to not less than ten rupees which is
payable as compensation may be deposited with the Commissioner on behalf of the
person entitled thereto. The receipt of the Commissioner shall be a sufficient
discharge in respect of any compensation deposited with him. On the deposit of
any money under sub-section (1) as compensation in respect of a deceased
workman the Commissioner shall if he thinks necessary cause notice to be
published or to be served on each dependant in such manner as he thinks fit
calling upon the dependants to appear before him on such dates as he may fix
for determining the distribution of the compensation. If the Commissioner is
satisfied after any inquiry which he may deem necessary that no dependant
exists he shall repay the balance of the money to the employer by whom it was
paid. The Commissioner shall on application by the employer furnish a statement
showing in detail all disbursements made. Compensation deposited in respect of
a deceased workman shall subject to any deduction made under sub-section (4) be
apportioned among the dependants of the deceased workman or any of them in such
proportion as the Commissioner thinks fit or may in the desecration of the
Commissioner be allotted to any one dependant. Where any compensation deposited
with the Commissioner is payable to any person the Commissioner shall if the
person to whom the compensation is payable is not a woman or a person under a
legal disability and may in other cases pay the money to the person entitled
thereto. Where any lump sum deposited with the Commissioner is payable to a
woman or a person under a legal disability such sum may be invested applied or
otherwise dealt with for the benefit of the woman or of such person during his
disability in such manner as the Commissioner may direct; and where a
half-monthly payment is payable to any person under a legal disability the
Commissioner may of his own motion or on an application made to him in this
behalf order that the payment be made during the disability to any dependant of
the workman or to any other person whom the Commissioner thinks best fitted to
provide for the welfare of the workman. Where on application made to him in
this behalf or otherwise the Commissioner is satisfied that on account of
neglect of children on the part of a parent or on account of the variation of
the circumstances of any dependant of for any other sufficient cause an order
of the Commissioner as to the distribution of any sum paid as compensation or
as to the manner in which any sum payable to any such dependant is to be
invested applied or otherwise dealt with ought to be varied the Commissioner
may make such order for the variation of the former order as he thinks just in
the circumstances of the case :
Provided that no such order prejudicial to any person
shall be made unless such person has been given an opportunity of showing cause
why the order should not be made or shall be made in and case in which it would
involve the repayment by a dependant of any sum already paid to him.
(9) Where the Commissioner varies any order under sub-section
(8) by reason of the fact that payment of compensation to any person has been
obtained by fraud impersonation or other improper means any amount so paid to
or on behalf of such person may be recovered in the manner hereinafter provided
in section 31. |
Workmens Compensation Act, 1923 | 9 | Workmen's Compensation Act, 1923
9. Compensation not to be assigned attached or charged
Save as provided by this Act no lump sum or half-monthly payment
payable under this Act shall in any way be capable of being assigned or charged
or be liable to attachment or pass to any person other than the workman by
operation of law nor shall any claim be set off against the same. |
Works of Defence Act, 1903 | 1 | Part I
Preliminary
1. Short title and extent.-
(1) This Act may be called the 2*** Works of Defence Act, 1903; and
3[(2) It extends to the whole of India.]
1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Schedule and to Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963, s. 3 and the First Schedule.
2. The word "Indian" omitted by Act 50 of 1974, s. 2 (w.e.f. 12-12-1974).
3. Subs. by Act 39 of 1965, s. 2, for sub-section (2) (w.e.f. 3-12-1965).
4. Subs. by Act 11 of 1921, s. 2, for clauses (c) and (d).
5. Subs. by the A.O. 1937, for "L.G.". |
Works of Defence Act, 1903 | 10 | 10. Power to require and enforce the making of statements as to names and interests.-
The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date of the requisition) a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as coproprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement. |
Works of Defence Act, 1903 | 11 | 11. Application of certain sections of the Indian Penal Code.-
Every person required to make or deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code. |
Works of Defence Act, 1903 | 12 | 12. Inquiry and award by Collector.-
On the day fixed under section 9 or on any other day to which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections (if any) which any person interested has stated pursuant to a notice given under the said section to the measurements made under section 8, and into the decrease in the value of the land, and into the respective interests of the persons claiming the compensation, and shall make an award under his hand of-
(a) the true area of the land and the nature of the obstructions from which the land is to be kept free;
(b) the compensation which in his opinion should be allowed for any damage caused or to be caused under section 6 and for any restrictions imposed under section 7; and
(c) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he has information, whether they have respectively appeared before him or not. |
Works of Defence Act, 1903 | 13 | 13. Award of Collector when to be final.-
(1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested; whether they have respectively appeared before the Collector or not, of the true area of the land, the nature of the said obstruction from which the land is to be kept free, the damage caused or to be caused under section 6, the value of the rights restricted under section 7 and the apportionment of the compensation among the persons interested.
(2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made. |
Works of Defence Act, 1903 | 14 | 14. Adjournment of inquiry.-
The Collector may, for any cause he thinks fit, from time to time adjourn the inquiry to a day to be fixed by him. |
Works of Defence Act, 1903 | 15 | 15. Power to summon and enforce attendance of witnesses and production of documents.-
For the purpose of injuries under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents, by the same means, and (so far as may be) in the same manner, as is provided in the case of a Civil Court under the Code of Civil Procedure1 (14 of 1882). |