Employees Compensation Act, 1923

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    December 1969
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WORKMEN`S COMPENSATION ACT 1923 The Act aims to provide workmen / or their dependents some relieI in case oI accidents arising out and in the course oI employment and causing either death or disablement oI workmen. Payment oI compensation is made compulsory /mandatory by the employer Ior employment injuries / deaths. 106 W O R K M E N ` S C O M P E N S A T I O N A C T 1 9 2 3 A C T R E G N . / L I C E N C E D I S P L A Y I N N B N O T I C E R E T U R N S W O R K M E N ` S C O M P E N S A T I O N A C T 1 9 2 3 O B 1 E C T I V E : A n A c t t o p r o v i d e I o r t h e p a y m e n t b y c e r t a i n c l a s s e s o I E m p l o y e r s t o t h e i r W o r k m e n o I c o m p e n s a t i o n I o r i n j u r y b y a c c i d e n t . A P P L I C A B I L I T Y : A p p l i e s t o r a i l w a y s , t r a n s p o r t e s t t . F a c t o r i e s , e s t t . E n g a g e d i n t r a n s p o r t a t i o n , s a l e s , m i n e s , d o c k s , c o n s t r u c t i o n a s l i s t e d i n S c h I I o I A c t . - N I L - - N I L - F o r m A D e p o s i t o I c o m p e n s a t i o n u / s 8 ( 1 ) F o r m B R e c e i p t o I c o m p e n s a t i o n F o r m C S t a t e m e n t o I d i s b u r s e m e n t F o r m D D e p o s i t o I c o m p e n s a t i o n I o r n o n - I a t a l a c c i d e n t s o t h e r t h a n t o a w o r k m a n o r p e r s o n u n d e r l e g a l d i s a b i l i t y u / r 9 F o r m E R e c e i p t o I c o m p e n s a t i o n F o r m E E R e p o r t o I I a t a l a c c i d e n t u / r 1 1 F o r m K M e m o r a n d u m o I a g r e e m e n t . - N I L - 1 0 7 FORM - A |See Rule 6 (1)| DEPOSIT OF COMPENSATION FOR FATAL ACCIDENT [Section 8 (1) of the Workmens Compensation Act, 1923] Compensation amounting to Rs. is hereby presented Ior deposit in respect oI injuries resulting in the death oI the work man, whose particulars given below, which occurred on ...... Name Father`s name in case oI Married woman and widow.) Caste Local address Permanent address His / Her monthly wages are estimated at Rs. He / She was over / under the age oI 15 years at the time oI his / her death. 2. The said workman had, prior to the date oI his / her death received the Iollowing payments, namely:- Rs. on Rs. on Rs. on Rs. on Rs. on Rs. on Amounting in all to Rs. 3. An advance oI Rs. has been made on account oI compensation to ......... being his / her dependant. 4. * I do not desire to be made a party to the proceedings Ior distribution oI the aIoresaid compensation. Dated ......20 Employer Now, thereIore, the Commissioner Ior Workmen`s Compensation ...... / Government oI ........ is hereby given notice that the undersigned proposes to settle the claim oI the applicant as provided under the Act. | Dated: Commissioner * An Employer desiring to be made a party to the proceedings should strike out the work 'do not¨. 108 FORM -II (See Rule-4) To .......... .......... .......... Sir, The report about an accident which occurred on ...........at........(here enter details oI premises) and which resulted in death / disablement oI the workman is Iurnished as given below:- 1. (a) Name oI the Workman, (b) Sex, Age and monthly wage, ( c ) Nature oI employment. ( d ) Name oI the employer. ( e ) Full postal address oI the workman / dependants (local and permanent both) (I) Full postal address oI the Iactory / establishment where its registered oIIice is located. 2. The circumstances leading to death / disablement oI the workman:- (a) Time oI the accident. (b) Place where the accident occurred. (c) Manner in which deceased was/were employed at that time. (d) Cause oI the accident. 3. The amount oI money deposited by the employer with the Commissioner under Section 8. 4. (a) Details oI compensation paid, iI any. (b) Particulars oI money invested Ior the beneIit oI dependents oI deceased workman. 109 5. Documents Iorwarded (in original) as under:- (a) Death CertiIicate. (b) Disablement certiIicate Irom the competent medical authority. (c )Receipt Ior Deposit oI Compensation by the employer. (d) Statement oI Disbursement. (e) Receipt oI compensation Irom the workman / dependants. (I) Memorandum oI Agreement, iI any. Dated: Commissioner. ¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸ 110 FORM -EE |See Rule 11| REPORT OF FATAL ACCIDENTS To Sir, I have the honour to submit the Iollowing report oI an accident which occurred on (date), at (here enter details oI premises) and which resulted in the death oI the workman / workmen oI whom particulars are given in the statement annexed. 2. The circumstances attending the death oI the workman / workmen were as under:- (a) Time oI the accident: (b) Place where the accident occurred: (c) Manner in which deceased was / were employed at the time: (d) Cause oI the accident: (e) Any other relevant particulars: I have, etc., Signature and designation oI person making the report Statement Name Sex Age Nature oI employment Full Postal Address 111 THE WORKMEN`S COMPENSATION RULES, 1924 claim, and whereas the said ..... On notice served has claimed that you .......... stand to him in the relation oI a contractor Irom whom the applicant ...... could have recovered compensation you are hereby inIormed that you may appear beIore me on ....... And contest the claim Ior compensation made by the said applicant or the claim Ior indemnity made by the opposite party...... In deIault oI your appearance you will be deemed to admit the validity oI any award made against the opposite party and your liability to indemniIy the opposite party Ior any compensation recovered Irom him. Dated 20 Commissioner ¸¸¸¸¸¸¸¸¸¸¸¸¸ 112 FORM - K (See Rule 48 ) MEMORANDUM OF AGREEMENT It is hereby submitted that on the day oI 20 Personal injury was caused to residing at by accident arising out oI and in the course oI employment in . The said injury has resulted in temporary disablement to the said workman whereby it is estimated that he will be prevented Irom earning more than his previous / any wage Ior a period oI .......months. The said workman, has been in receipt oI halI-monthly payments which have continued Irom the day oI ......... 20 , until the ......day oI ......20 amounting to Rs. ........in all. The said workman`s monthly wages are estimated at Rs. . The workman is over the age oI 15 years / will reach the age oI 15 years on ....... It is Iurther submitted that .........the employer oI the said workman has agreed to pay, and the said workman has agreed to accept the sum oI Rs....... in Iull settlement oI all and every claim under the Workmen`s Compensation Act, 1923, in respect oI all disablements oI a temporary nature arising out oI the said accident, whether now or hereaIter to become maniIest. It is thereIore requested that this memorandum be duly recorded. Dated Signature of emplover Witness Signature of workman Witness 113