Uttar Pradesh Workmen's Compensation Rules, 1975.

ABSTRACT OF THE WORKMEN’S COMPENSATION ACT, 1923

VIDE SECTION 32 (O), READ WITH RULE 5 (1)

(To be fixed in a conspicuous place at or near the main entrance)

DEFINITIONS : SECTION 2 (1) (d)

“Dependant” means any of the following relatives of a deceased workman, namely---

(i)      a widow, a minor legitimate son, an unmarried legitimate daughter, or a widowed mother;

(ii)     if wholly dependent 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; and

(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 if married and a minor or if widowed and a 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 child is alive, or

(h)    a paternal grand-parent if no parent of the workman is alive.

 

SCHEDULE I

SECTION 2 (1) (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 I), shall be deemed to result in permanent partial disablement.

 

SECTION 2 (1) (1)

“Total disablement” means such disablement whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement :

Provided that permanent total disablement shall be deemed to result from 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 loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent or more.

 

SECTION 2 (1) (n)

* * *

SCHEDULE II

Schedule II specifies the following persons as workmen within the meaning of the Act :

Those (excluding clerks and railway employees) employed in connection with operation or maintenance of lift or vehicle propelled by steam or other mechanical power or by electricity or in connection with loading or unloading of such vehicle; those employed in factories where manufacturing process is carried on or in any kind of work connected with it or with the articles made and steam, water or other mechanical or electrical power is used; those employed in connection with making, altering, repairing, ornamenting, finishing, or otherwise adapting for use transport or sale in any premises any article or part thereof where twenty or more persons are so employed; (persons employed outside such premises or precincts but in any work incidental to, or connected with the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport, or sale of any article or part of any article shall be deemed to be employed within such premises or precincts); those employed in the manufacture of handling of explosives in connection with employer’s trade or business; those employed in a mine, or in any operation connected with it (other than clerks); those employed as the master or as seaman of a ship; those employed in loading, unloading etc. of a ship within the limits of any port or in warping mooring and unmooring ships; or in removing or replacing dry dock caissons in docking or undocking or in preparing splicing coir springs etc., and painting depth marks, removing or replacing fenders, landing or gangways, maintenance of life buoys, etc., or in jolly beats; those employed in the construction, maintenance, repair of demolition of a building of more than one storey above the ground or twelve feet or more from the ground level; or of a dam or embankment twelve feet or more in height, or of any road, bridge, tunnel or canal or a wharf, quay, sea will or other marine work; those employed in connection with setting up, etc., of any telegraph or telephone line or post or any over head electric line or cable or post or standard; those (excluding clerks) employed in aerial ropeway, canal, pipe line or sewer; those employed in fire-brigade; those employed by contractors fulfilling a contract with the railway administration; those employed as Inspector, Mail Guard, Sorter or Van Peon in the Railway Mail Service, or in an occupation involving outdoor work in the Indian Post and Telegraphs Departments, those employed (excluding clerks) in connection with operations for winning natural petroleum or natural gas; those employed in making of any excavation in which more than twenty-five persons have been employed or explosives have been used or whose depth exceeds twelve feet; those employed in ferry boat capable of carrying more than ten persons; those employed (excluding clerks) in connection with growing of cardamom, Cinchona, Coffee, rubber or tea employing twenty-five  or more persons; those employed (excluding clerks) in generating, transforming or supplying of electrical energy or gas in generating or supplying of gas; those employed in a light house; those employed in producing cinematographs pictures; those employed in training, keeping or working of elephants or wild animals; those employed in tapping of palm trees, felling or logging of trees or transport of timber by inland waters or control or extinguishing of forest fires; those employed for catching of hunting of elephants or other wild animals; those employed as drivers; those employed in transport of goods in warehouse employing ten or more persons or in any market employing fifty or more persons; those employed in handling and manipulation of radium of X-ray apparatus or contact with radioactive substance; those employed in construction, erection, dismantling, operation or maintenance of an air craft; those employed in farming by tractors or other contrivances driven by steam or other mechanical power or by electricity, those employed (excluding clerks) in tube-well; those employed in connection with electric in any building; and those employed in circus.

 

UNDER SECTION 3

(3) Employer’s liability for compensation

If a workman is injured in an accident arising out of and in the course of his employment, his employer shall be liable to pay compensation to the workmen. The employer shall, however, not be so liable to pay compensation in respect of injury not resulting in total or partial disablement of the workman for more than three days, or in respect of injury which does not result in death and is caused by an accident occurring on account of the workmen having been under the influence of drinks or drugs at the time thereof, or the workman having wilfully disobeyed an order expressly given, or a rule framed for safety purposes, or the workman having wilfully removed safety guards etc. provided for his safety.

 

UNDER SECTION 4

(4) Amount of compensation

The amount of compensation shall be as follows :

(a)     In case of death, Schedule IV of the Act (Annexed to this abstract), lays down the amount in second column against the limits within which the monthly wages received by the deceased workmen fall as shown in first column.

(b)    In case of permanent total disablement, Schedule IV lays down the amount in third column against wage limits shown in first column.

(c)     In case of permanent partial disablement---

(1)     The percentage of loss of earning capacity caused by injury specified in (Part II of) Schedule I should be the percentage of compensation payable in case of permanent total disablement shown in column 3 of Schedule IV, and

(2)     Such percentage of compensation would be payable for permanent total disablement resulting from injury not specified in Schedule I, which is proportionate to the loss of earning capacity permanently caused by the injury. Besides, in case of more than one injury, the amount of compensation shall be summed up but it should not exceed the amount payable in case of permanent total disablement resulting from injury.

(d)    In case of total or partial temporary disablement, Schedule IV lays down in fourth column, a half-monthly payment of the sum against the wage limits shown in first column on the sixteenth day---

(i)      from the date of disablement if disablement lasts for twenty-eight days or more, or

(ii)     after the expiry of the waiting period of three days from the date of disablement in case of disablement lasting for a period of less than twenty-eight days; and thereafter half-monthly during disablement or during five years whichever period is shorter subject to the deduction of the amount of any payment or allowance already received by the workman from the employer by way of compensation during the period of disablement prior to receipt of lump sum of first half-monthly payment. Besides, no half-monthly payment shall exceed the amount, if any, by which half the amount of monthly wages of the workmen before the accident exceeds half the amount of such wages earned by him after the accident.

On the ceasing of the disablement before the date of which any half-monthly payment falls due, a sum proportionate to the duration of the disablement in the half month shall be payable in respect of that half month.

 

UNDER SECTION 4-A

(4-A) Compensation to be paid when due and penalty for default

Compensation shall be said as soon as it falls due. In cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make the provisional payment based on the extent of liability which he accepts. Such payment shall be either paid to the workman directly or deposited with the Commissioner without prejudice to the right of the workmen to make any further claim. Besides in case of default by employer in payment of compensation within one month from the date it fell due, the Commissioner may direct that besides arrears simple interest at the rate of 6 per cent per annum on the amount due together with a further sum not exceeding fifty per cent of such amount, if in the opinion of the Commissioner, there is no justification for the delay, shall be recovered from the employers as penalty.

 

SCHEDULE III

 

(5) Occupational diseases for which compensation is payable

The contracting of any disease  specified in Schedule III of the Act (annexed to this abstract) by a workman---(i) employed in any employment specified in Part A of the Schedule, or (ii) who is in service of an employer for a continuous period of not less than six months (excluding a period of service under any other employer in the same kind of employment) specified in Part B of the Schedule, or (iii) who is in service of one or more employers in any employment specified in Part C of the Schedule for continuous period to be specified by the Central Government in respect of such employment shall be deemed to be an injury by accident having arisen out of and in the course of employment. If any disease specified in Part C of Schedule III as occupational disease has been contracted by a workman during the continuous period specified in the foregoing paragraph in respect of that employment and the workman has during such period been employed in such employment under more than one employer, all such employers shall be liable for payment of compensation in a proportion to be prescribed by the Commissioner.

 

SCHEDULE IV

UNDER SECTION 9

(6) Compensation not to be assigned, attached or charged

Save as provided by the Act no lump sum of half-monthly payment payable under this Act shall be assigned, or charged, or attached, or passed to a person other than the workman and no claim shall be set off against the same.

 

UNDER SECTION 10(1)

(7) Notice and Claim

No claim for compensation shall be entertained by a Commissioner unless notice of the accident has been given, 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.

In case the accident is the contracting of a disease, it 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.

 

UNDER SECTION 10

In case of partial disablement due to the contracting of any such disease as does not force the workman to absent himself from work, the period of two years shall be counted from day the workman gives notice of the disablement to his employer.

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.

The want or any defect or irregularity in notice, shall not be a bar to the entertainment of a claim if it 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 on any premises belonging to the employer, or died without having left the vicinity of the premises, where the accident occurred or if the employer, or any one of several employers or any person responsible to the employer for the management of any breach 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.

Besides, the Commissioner may also entertain and decide any claim to compensation if he is satisfied that failure to give the notice or prefer the claim in due time was due to sufficient cause.

Every such notice shall give the name and address of the person injured, 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 the several employers, or upon any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed.

The State Government may require that any prescribed class of employers shall mountain at their premises at which workmen are employed, a notice book, in the prescribed form, which shall be readily accessible at all reasonable times to any injured workman employed on the premises and to any person acting bona fide on his behalf.

Such a notice 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 so to be served, or, where a notice book is maintained, by entry in the notice book.

 

UNDER SECTION 10-A

(7-A) Power to require from the employers statements regarding fatal accidents

Where a Commissioner receives information from any source that a workman has died as a result of an accident arising out of and in the course of his employment, he may send by registered post a notice to the workman’s employer requiring him to submit, within thirty days of the service of the notice, a statement, in the prescribed form, giving the circumstances attending the death of the workman, and indicating whether, in the opinion of the employer he is or is not liable to deposit compensation on account of the death. If the employer is of opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice. If the employer is of opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability. Where the employer has so disclaimed liability the Commissioner, after such inquiry as he may think fit, may inform any of the dependants of the deceased workman that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit.

 

UNDER SECTION 10-B

(7-B) Reports of fatal accidents and serious bodily injuries

Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death or serious bodily injury, the person required to give the notice shall, within seven days of the death or serious bodily injury send a report to the Commissioner giving the circumstances attending the death or serious bodily injury or to the authority prescribed by the State Government for giving notice. The State Government may, by notification in the Official Gazette, extend the above provisions to any class of premises other than those coming within the scope of the above provisions, and may, by such notification, specify the persons who shall send the report to the Commissioner.

None of the above provisions shall apply to factories to which the Employees’ State Insurance Act, 1948, applies.

 

UNDER SECTION 12

(8) Contracting

Where the Principal, in the course of or for the purposes of his trade or business, contracts with any other person, namely, the contractor for the execution of the whole or any part of any work connected with trade or business of the Principal, the Principal shall be liable to pay to any workman so employed, any compensation payable to that workman if he 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 references to the wags of the workmen under the employer by whom he is immediately employed.

Where the Princiapl is so liable to pay compensation 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 pay compensation or to indemnify a Principal he 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.

Besides the workman can also recover compensation from the contractor instead of the Principal.

The above provisions under the head ‘Contracting’ shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the principal has undertaken or usually undertakes, to execute the work or which are otherwise under his control or management.

 

UNDER SECTION 17

(9) 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.

 

UNDER SECTION 24

(10) 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 on 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, or under sub-section (1) of Section 5 of the Mines Act, 1952 (35 of 1952), or by any other officer specified by the State Government in this behalf, authorised in writing by such person, or with the permission of the Commissioner, by any other person so authorised.

 

SCHEDULE I

Part I

List of Injuries deemed to Result in Permanent Total Disablement

 

Serial No.

Description of injury

Percentage of loss of earning capacity

1

2

3

1.

Loss of both hands or amputation at higher sites

...

...

...

100

2.

Loss of hand and a foot

...

...

...

100

3.

Double amputation through leg or thigh, or amputation through leg or thigh or on one side and loss of other foot

...

...

...

100

4.

Loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential

...

...

...

100

5.

Very severe facial disfigurement

...

...

...

100

6.

Absolute deafness

...

...

...

100

 

Part II

List of Injuries deemed to Result in Permanent Partial Disablement

Amputation Cases---Upper Limbs (Either Arm)

 

1.

Amputation through shoulder joint

...

...

...

90

2.

Amputation below shoulder with stump less than 8 inches from tip of acromion

...

...

...

80

3.

Amputation from 8 inches from tip of acromion to less than 4 1/2 inches below tip of olecranon

...

...

...

70

4.

Loss of a hand or of the thumb and four fingers of one hand or amputation from 4 1/2 inches below tip of olecranon

...

...

...

60

5.

Loss of thumb

...

...

...

30

6.

Loss of thumb and its metacarpal bone

...

...

...

40

7.

Loss of four fingers of one hand

...

...

...

50

8.

Loss of three fingers of one hand

...

...

...

30

9.

Loss of two fingers of one hand

...

...

...

20

10.

Loss of terminal phalanx of thumb

...

...

...

20

Amputation Cases-Lower Limbs

11.

Amputation of both feet resulting in end bearing stumps

...

...

...

90

12.

Amputation through both feet proximal to the metatarso-phalangeal joint

...

...

...

80

13.

Loss of all toes of both feet thorough the metatarso-phalangeal joint

...

...

...

40

14.

Loss of all toes of both feet proximal to the proximal inter-phalangeal joint

...

...

...

30

15.

Loss of all toes of both feet distal to the proximal inter-phalangeal joint

...

...

...

20

16.

Amputation at hip

...

...

...

90

17.

Amputation below hip with stump not exceeding 5 inches in length measured from tip of great trenchanter

...

...

...

80

18.

Amputation below hip with stump exceeding 5 inches in length measured from tip of greater trenchanter but not beyond middle thigh

...

...

...

70

19.

Amputation below middle thigh to 3 ½ inches below knee

...

...

...

60

20.

Amputation below knee with stump exceeding 3 ½ inches but not exceeding 5 inches

...

...

...

50

21.

Amputation below knee with stump exceeding 5 inches

...

...

...

40

22.

Amputation of one foot resulting in end-bearing

...

...

...

30

23.

Amputation through one foot proximal to the metatarso-phalangeal

...

...

...

30

24.

Loss of all toes of one foot through the metatarso-phalangeal joint

...

...

...

20

Other Injuries

25.

Loss of one eye, without complications, the other being normal

...

...

...

40

26.

Loss of vision of one eye, without complications or disfigurement of eye-ball, the other being normal

...

...

...

30

 

Loss of ---

A-Fingers of right or left hand

Index finger

27.

Whole

...

...

...

14

28.

Two phalanges

...

...

...

11

29.

One phalanx

...

...

...

9

30.

Guillotine amputation of tip without loss of bone

...

...

...

5

Middle finger

31.

Whole

...

...

...

12

32.

Two phalanges

...

...

...

9

33.

One phalanx

...

...

...

7

34.

Guillotine amputation of tip without loss of bone

...

...

...

4

Ring or little finger

35.

Whole

...

...

...

7

36.

Two phalanges

...

...

...

6

37.

One phalanx

...

...

...

5

38.

Guillotine amputation of tip without loss of bone

...

...

...

2

B---Toes of right or left foot Great toe

39.

Through metatarso-phalangeal joint

...

...

...

14

40.

Part, with some loss of bone

...

...

...

3

Any other toe

41.

Through metatarso-phalangeal joint

...

...

...

3

42.

Part, with some loss of bone

...

...

...

1

Two toes of one foot excluding great toe

43.

Through metatarso-phalangeal joint

...

...

...

5

44.

Part, with some loss of bone

...

...

...

2

Three toes of one foot, excluding great toe

45.

Through metatarso-phalangeal joint

...

...

...

6

46.

Part, with some loss of bone

...

...

...

3

Four toes of one foot, excluding great toe

47.

Through metatarso-phalangeal joint

...

...

...

9

48.

Part, with some loss of bone

...

...

...

3

 

SCHEDULE III

List of Occupational Diseases

 

Occupational diseases

Employment

1

2

PART A

Anthrax

...

...

...

Any employment---

 

(a) involving the handling of wool, hair, bristles on animal carcases or parts of such carcases, including hides, hoofs and horns; or

 

(b) in connection with animals infected with anthrax; or

 

(c) involving the loading, unloading, or transport of any merchandise.

Compressed air illness or its sequelae

Any process carried on in compressed air.

Poisoning by lead tetraethyl

Any process involving the use of lead tetraethyl.

Poisoning by nitrous fumes

Any process involving exposure to nitorus fumes.

(Poisoning by Organic Phosphorus insecticides)

(Any process involving the use or handling or exposure to the fumes, dust or vapour containing any of the Organic Phosphorus insecticides).

PART B

Poisoning by lead, its alloys or compounds or its sequelae excluding poisoning by lead tetraethyl.

Any process involving the handling or use of lead or lead any of its preparations or compounds except lead tetraethyl.

Poisoning by phosphorus or its sequelae.

Any process involving the liberation of phosphorus or use of handling of phosphorus or its preparations or compounds.

Poisoning by mercury its amalgams and compounds, or its sequelae.

Any process involving the use of mercury or its preparations or compound.

Poisoning by benzene, or its homologues, their amido and nitro-derivatives or its sequelae.

Any process involving the manufacture liberation, or use of benzene homologues and amido and nitro-derivatives.

Chrome ulceration or its sequelae

Any process involving the use of chromic acid or bichromate of ammonium potassium or sodium, or their preparation or the manufacture of bichromate.

Poisoning by arsenic or its compounds or its sequelae.

Any process involving the production, liberation or utilisation of arsenic or its compounds.

Pathological manifestations due to---

Any process involving exposure to the action of radium, radio-active substances or X-rays.

(a) radium and other radio-active substances

 

(b) X-rays

 

Primary epitheliomatous cancer of the skin.

Any process involving the handling or, use of tar, pitch, bitumen, mineral oil, paraffin or the compounds, products or residues of these substances.

Poisoning by halogenated hydrocarbons of the aliphatic series and their halogen drivatives.

Any process involving the manufacture, liberation and use of hydrocarbons of the aliphatic series and their halogen derivatives.

Poisoning by carbon disulphide or its sequelae.

Any employment in ---

 

(a) The manufacture of carbon disulphide; or

 

(b) The manufacture of artificial silk by viscose process; or

 

(c) rubber industry; or

 

(d) any other industry involving the production or use of products containing carbon disulphide or exposure to emanations from carbon disulphide.

Occupation contract due to infrared radiations.

Any manufacturing process involving exposure to glare from molten material or to any other sources of infra-red radiations.

Telegraphist’s Cramp

...

...

Any employment involving the use of telegraphic instruments.

Poisoning by manganese or a compound of manganese, or its sequelae.

Any process involving the use of or handling or of exposure to the fumes dust or vapour or manganese or a compound or manganese, or a substance containing manganese.

PART C

 

Silicosis

...

...

...

Any employment involving exposure to the inhalation of dust containing silica.

Coal miner’s Pneumoconiosis

...

Any employment in coal mining.

Asbestosis

...

...

...

Any employment in ---

 

 

 

 

(1) the production of ---

 

 

 

 

(i) fibro cement materials; or

 

 

 

 

(ii) asbestos mill board; or

 

 

 

 

(2) the processing of ores containing asbestos

Bagassosis

...

...

...

Any employment in the production of bagasse mill board or other articles from bagasse.

           

SCHEDULE IV

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