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REGI6TEBED No. L 313

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

N EW D E L H I, M O N D A Y, A P R IL 1 9, 1 9 43

SeparatepagingisgiventothisPartinorderthatitmaybefiledasaSeparatecompilation

PAST IV

Acts of the Dominion Legislature assented to by the Governor Central

GOVEBNMBNT OF INDIA

MINISTRY OF LAW

New Delhi, the 19th April 1948.

The following Act of the Dominion Legislature received the assent of the Governor General on the 19th April 1948 and is hereby published for general information:-

ACT No. XXXIV OF 1948

in Act to provide for certain benefits to employees in case of sickness, maternity

and 'employment injury' and to make provision for certain other matters

in relation thereto.

WHEREAS it is expedient to provide for certain benefits to employees in case- )f sickness, mftterni+py and employment injury and to make provision for cer- tion other matters in relation theroto;

It is hereby enacted as follows:—

CHAPTER I

PRELIMINARY

1. Short title, extent, commencement and application.—(i) This Act may be jailed the Employees' State Insurance Act, 1948.

{2) It extends to

(3) It shall come into force on such date or dates as the Central Government any by notification in the official Gazette, appoint, and different dates may appointed for different provisions of this Act and for different Provinces

(4) It shall apply, in the first instance, to all factories (including factories longing to the other than seasonal factories.

(5) The appropriate Government may, in consultation with the Corporation ad with the approval of the Central Government, after giving six months' .otice of its intention "of so doing by notification in the official Gazette, extend the provisions of this Act or any of them, to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.

( 161 )

2. Definitions.—-in this Act, unless there is anything repugnant in the sub ject or context,—

(2) "H])propriate Government" means, in respect of estabMfTm^itg unde the control of the Central Government or a Aademl railway ^or~a lnaJtHipoi or a mine or oilfield, the Centra Government, and in all other cases, the**"t "^inoiirt Government;

(2) "benefit period" means such period of twenty-six oonsccutive weeks or Bix consecutive months corresponding to the contribution period, or in the caS' of the first benefit period, such longer or shorter period, as may be specific in the regulations;

(3) "confinement" means labour resulting in the issue of a living child, c labour after twenty-six weeks of pregnancy resulting in the issue of a ohil whether alive or dead;

(4) "contribution" means the sum of money payable to the Corporation b the principal employer in respect of an employee and includes any amour payable by or on behalf of the employee in accordance with the provisions <_ this Act;

(.5) "contribution period" means such period of twenty-six consecutiv vreeks or six consecutive months, or in the case of the first contribution period such longer or shorter period, as may be specified in the regulations;

(6) "Corporation" means the Employees' State Insurance Corporation se

up under this Aot;

(7) "duly appointed" means appointed in accordance with the provision!

of this Act or with the rules or regulations made thereunder;

(8) "employment injury" means a personal injury to an employee causet by accident or an occupational disease arising out of and in the course of h; employment in ft factory or establishment to which this Act applies, which m jury or occupational disease would entitle such employee to oompensatior under the Workmen's Compensation Act, 1928 (VHT of 1928), if he were workman within the meaning of the said' Act:

(9) "employee" means any person employed for wages in or in conneotioi with the work of a factory or establishment to which this Act applies and—

(i) who is directly employed by the principal employer on a... work of, or'incidental or preliminary to, or connected with tn< work of, the factory or establishment, whether such work is don, by the employee in the factory or establishment or elsewhere,, o

(ii) who in employed by or through nn immediate employer on the pre W mises of the factory or establishment or under the supervision o the principal employer or his agent on work which is o r oW part of the work of the factory or establishment or which is p liminary to the work carried on in or incidental to the purpose the factory or establishment; or

(Hi) whose services are temporarily lent or let on hire to the prinoi eZlover by the person with whom the person whose serv,- are so lent or let on hire has entered into a contract of service-

but does not include—

(a) any member of His Majesty's naval, military or air forces; or . (b) any person employed on a remuneration which in the aggrega*

exceed* *fl"r hundred rupees a month;

(10) "exempted employee" means an employee who is not liable under th

Act to pay the employee 'a contribution:

(11) "family" means the. spouse; and minor legitimate and adopted children dependent upon the insured person and where the insured person is a male, his dependent par.enis;

(73)^>*fiietory" means any premises including the precincte thereof where- onJrtfentj or more persons nre working or were working on uny day of the pre- ceding twelve months, and in any part of which a, manufacturing process is being carred on with the aid of power or is ordinarily so carried on but doea not include a mine subject to tin.- operation of the Indian Mines Act, 1928 (IV of 1928);

"seasonal factory" means a factory which is exclusively engaged, in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process which ia incidental to or connected with any of the aforesaid processes;

The- expressions "manufacturing process" andw'power" shall hnve the meaning respectively assigned to them in the Factories Act, HJ84 (XXV of 1984); '

i(13) "immediate employer", in relation to employees employed by or through him, means a person who has undortakon the execution, on the premises of a factory or an establishment to which this Act applies or under the supervision of the principal employer or his agent, of the whole or any part of any work which is ordinarily pnri. of the work of the factory or establishment of the prin- cipal employer or is preliminary to Llie work carried on in, or incidental to the purpose of, any such factory or establishment, and includes a person by whom the services of an employer, who has entered into a contract of service with him are temporarily lent or let on hire to the principal employer:

(14) "insured person" menus a person who is or was an employee in respect of whom contributions are or were payable under th s Act and who is. by reason thereof, entitled to any of "the benefits provided by this Act;

(1,5) "occupier" of the factory slin.ll have the meaning assigned to it in the Factories Act, 1934 (XXV of 1034);

(16) "prescribed" means prescribed by rules made under this Act; (17) "principal employer" means—•

. (i) in a factory, the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representative of a deoeased owner or occupier, and where a person has been named as the manager of the faoi.orv under clause (ii) n[ guh-secfion (1) of section '1 of (he Factories Act, 1934 (XXV of V.YM), tbn person so niuned;

(ii) in any establishment under the control of any department of any Government in India, the authority tippointotl by such Government in this behalf or where no authority is so appointed, the head of the Department;

(Hi) in any other establishment, any person responsible for the supervnioi> and control of the establishment;

(18) "regulation" means a regulation made by the Corporation;

(19) "Schedule" meanR a Schedule to this Act;

(3Q) "sickness" means a condition which requires medical treatment find attendance and necessitates abstention from work on medical grounds;

(31) "temporary disablement" means a condition resulting from an am- ployment injury which requires medical treatment and renders an employee, -is a result of such injury, temporarily incapable of work;

(22) "wages" moans till remuneration paid or payable in cash to an em- ployee, if the terms of the contract of employment, express or implied, wer* fulfilled and includes other additional remuneration, if any, p W at regula* intervals after the last day of the wage period, but does not i n c l u d e ^ s^ (a) any contribution paid by the employer to any pension fund or~p"Q- vident fund, or under this Act;

(b) any travelling allowance or the value of any travelling concession; (o) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or

(d) any gratuity payable on discharge;

(S3) "week¹ means a period of seven days commencing at midnight o* Saturday night;

(3-1) the expressions "dependant", "managing agent", "occupational disease" "partial disablement" where the disablement is of a permanent nature and "total disablement" shall have respectively the meanings assigned to them in the Workmen's Compensation Act, 1923 (VIII of 1923).

CHAPTER I I.

CORPORATION, STANDING COMMITTEE AND MBDIOAL BENEFIT COUNCIL 3. Establishment ol Employeeu' State Insurance Corporation.—(1) With effect from such -Into as the Central Government may, by notification in ( to I d al Gazetir.ppoinL in tV* behalf, there shall be established for the j t a- nistration of the scheme ol Employees' State Insurance in accordance with the provisions of this Act a Corporation to be known as the Employees State Insur- ance Corporation.

(2) The Corporation shall be a body corporate by the name of Employees State Insurance Corporation having perpetual succession and a common seal and shall by the said nanm sue and be sued.

4. Constitution ol Corporation.—The Corporation shall consist of the follow-

ing members, namely: —

(a) the Minister for Labour in the Central Government, ex-offlcw, aa Chairman;

(b) the Minister for Health in the CentVal Government, ex-officio, as Vice-Chairman;

, (c) not more than five p ^ n ns to 1- nominated by the Central Govern- n i e nt of whom at least three sha,] be officials of the Central Government;

.

(d) cue person

as, may r.n i^ b nrnfeKfiion to be Jiommnted by ,'?0 two persons representing the m e d l c^ P ™ ^h such organisation^ ' • S ^ S U S ^ ^ m a ^ - U ea *r the PurpoBe by the Central Government; and

,„ . *„ i" Dww bv the Central Legislature.

I. Term of office of members of the Corporation.—(1) Save as otherwise expressly provider! in this Act, the term of office of members of the Corporation, other than>fclie ex-offioio members and members referred to in clauses (o), (d) and (a> 6'f section 4, shall bo four years commencing from the date on which $Mrrr nomination or election is notified:

Provided that a member of the Corporation shall, notwithstanding the expiry of the said period ol four years, continue to hold office until the nomination or •lection of his successor is notified.

(12) The members of the Corporation referred to in clauses (c), (J) and (e) of section 4 shall hold office during the pleasure of the Government nominating them.

6. Eligibility for renomlnation or re-election.—An outgoing member of the Corporation, the Standing Cn.i,,ii^, •, .-.y +V TYIriVeal Ti^n^nt Council shall be eligible for renominntion or re-election as the case may be.

7. Authentication of orders, decisions, etc.—All orders mid decisions or the Corporation shall be authenticated by the signature of the Chairman or some other member authorsed by the Corporation in ihis behalf and nil other instru- ments issued by the Corporation shall be authenticated by the signature of suoh member or officer of the Corporation as may be authorised by it.

8. Constitution of Standing Committee.—A Standing Committee of the Corporation shall be constituted from among its members, consisting of—

(a) n Chairman, nominated by the Central Covcrnment;

(h) throe members of the Corporation, being officials of the Central Gov- ernment, nomintided by that Government;

(c) nine members elect'¹..) by ibe Corporation us follows: —

(£) three members !'n>m among ibo members of the Corporation nomi- nated by the Provincial Governments;

("') two members from among the members of the Corporation repre- senting employers;

(in) two members from among the members of the Corporation repre- senting employees;

(iv) one member from among (he members of the Corporation repre- senting ('he lni'iliofil pvufi'ssinn; and

(v) one member from among the members of the Corporation elected by the Central Legislature.

9. Term ol office of members at Standing Committee.—(1) Save as other- wise expressly pruvid-:r! ;;i Ih'n Act the L.-rm <>f office (if a member of the Stand- ing Committee, other than a member referred to in clause (a) or clause (b) ol aection 8, shall be two years from the date un wh'eh his d en inn is notified:

Provided that a member of the Standing Committee shall, notwithstanding the expiry of the said period of two years, continue to hold office until the election of his successor is notified:

Provided further that a member of the Standing Committee shall cease to Sold office when he ceases to bo a member of the Corporation.

(2) A member of thr Standing Committee referred to in clause (a) or claune (b) of section 8 shall hold office during the pleasure of the Central Government. 10. Medical Benefit Council.—(1) The Central Government shall constitute a Medical Benefit Council consisting of—

fa) the Director General, TIenltb Servioes, ex-offioio, as Chairman, (b) a Deputy Direofci' General, Health Service*, to be nominated by fl" Central Government;

(o) the Medical Commissioner of the Corporation, ex-officio; {d) one member each representing each of the Governor'r^iJrovinceB to be nominated by the Provincial Government concerned;'¹-'-.. (e) three members representing employers to be nominated by the Central. Government in consultation with such organisations of employers as may be recognised for the purpose by the Central Government;

(f) three members representing employees to be nominated by the Central Government in consultation with such organisations of employees as may be recognised for the purpose by the Central Government; and

(g) three members, of whom not less than one shall be a woman, repre- senting the medical profession, to be nominated by the Central Gov- ernment in consultation with such organisations of medical praoii- lioneJs as may be recognised for the purpose by the Central Gov- ernment.

(#) Save as otherwise expressly provided in this Act, the term of office of a member of the Medical Benefit Council, other than a member referred to in any of the clauses (a) to (d) of sub-section (1), shall be four years from the date oni which his nomination is notified.

(3) A member of the Medical Benefit Council referred to in clauses (b) and (d) of sub-seotion (1) shall hold office during the pleasure of the Government nominating him.

11. Beslgnation of membership.—A member of the Corporation, the 3UndJng •Committee or the Medical Benefit Coiinf.il may resign his office by notice in wriLinf lo the (Vmtnil i.iovcmincnt and his seal, shall fall vacant on the accept- ance if the resignation by that Government.

12. Cessation of membership.—A member of the Corporation, the Standing Committee, nr the Msdienl Benefit Council shall cease to be ft member of that body if he fails to attend three eonseeutivo meetings thereof:

Provided that the Corporation, the Standing Committee or the Medical Bene- fit Council, as the case, may bo, may, subject to rules made by the Central Govr- emment in this behalf, restore him lo membership.

13 Disqualification.—A person shall be disqualified for being chosen* as or for being ft member of the Corporation, the Standing Committee or the Medical Benefit Council—

(a) if he is declared to bo of unsound mind by a competent Court; or (b) if he is an undischarged insolvent; or (o) ii he has directly or indirectly by himself or by his partner any interest W in a subsisting contract wilh, or any work being done for the Corporation except as a medical practitioner or as a shareholder (not being n Director) of a company; or

(d) if before or after the commencement of this Act, he h..a been con- victed of an off once involving moral turpitude.

I _ J L :^ +„ U^A nflW if thn vacancy had not occurred

15. Fees and allowances.—Members of the Corporation, the Standing Cont Wittee and the Medical Benefit Council shall receive such fees and allowances as may from tiiiie to time be prescribed by the Central Government.

iflJErtnOipal Officers.—(1) The Central Government may, in the case of tin flpdt-appointments itself and in the case of subsequent appointments, in consult- ation with the Corporation, appoint the following officers (hereinafter referred to as Principal Officers) of the Corporation, namely: —

(a) a Director General of Kmployaes' State Insurance;

(b) an Insurance Commissioner; (n) a Medical Commissioner;

(d) a Chief Accounts Officer; and

(ej an Actuary.

(2) The Director General shall be the Chief Executive Officer of the Oorpo- ration.

(3) The Principal Officers shall be whole-time officers of the Corporation and' ehall not undertake any work unconnected with their office without the sanction of the Central Government.

(4) A Principal Officer shall hold office for such period, not exceeding five- years, as may be specified in the order appointing him. An outgoing Principal Officer shall be eligible for reappointment if he is otherwise qualified.

(5) A Pritioipal Officer shall receive such salary and allowances as may be prescribed by tbo Central Government.

(C) A person shall be disqualified from being appointed as or for being a Principal Officer if he ia subject to any of the disqualifications specified in section 18.

(?) The Central Government may at any time remove a Principal Officer from office and shall do so if such removal is recommended by a resolution of the Corporation passed at a special meeting called for the purpose and Hupport- ed by the votes of not loss than two-thirds of the total strength of the Corpo- ration.

- 17. Stall.—(7) The Corporation muy employ such other staff of offioers and servants as may be necessary for the efficient transaction of its business pro- vided (hoi- the sanction ot the Central Government shall be obtained for the oroatfon of any post with a maximum mondhly salary of five hundred rupees and above.

(1?) The Corpora-fun shall, with the approval of the Central Government, make reflations regarding the'method of recruitment, pay and allowances, discipline, superannuation benefits and other conditions of service of the mem- bers of its staff.

(3) >lvery appointment to posts carrying a maximum monthly pay of five- hundred rupees and above shall be made in consultation with the "federal Public Service Commission:

Provided lhat this sub-section shall not apply to an officiating or temporary appointment for an aggregate period not exceeding one year.

18 Povrers of the Standing Committee.—(1) Subject to the general superin- tendence and control of the Corporation, the Standing Committee shall adminis- ter the affairs of the Corporation and may exoroise any of the powers and per- form any of the functions of the Corporation.

(3) The Standing Coimiiitt.n aV.l] bnWm> For the ocwi-^wniion and decision of the Corporation all such cases amd matters as may be specified in the regula- tions made in this behajf.

(3) The Standing Committee may, in its discretion, submit any other ease or matter for the decision of the Corporation.

19. Corporation's power to promote measures for health, etc, of insured persons—The Corporation may, in addition to the scheme of benefits specified" in this Aot, promote measures for the improvement of the health and welfare -of insured persons and for the rehabilitation and re-employment of insured persons who have been disabled or injured and may incur in respect of such measures expenditure from the funds of the Corporation within such limits as' may be prescribed by the Central Government.

20. Meetings of Corporation, Standing Committee and Medical Benefit Council.—Subject to any rales made under this Act, the Corporation, the Stand- ing Committee and the Medical Benefit, Cuuncil shall meet at such times and places and shall observe sueh rules or procedure in regard to transaction of business at their meetings as may be specified in the regulations made in this beimlf.

21. Supersession of the Corporation and Standing Committee.—(1) If in the -opinion of the Central Government, the Corporation or the Standing Committee persistently makes default in performing the duties imposed on it by or under this Act or abuses its powers, that Government may, by notification in the official Gazette, supersede the Corporation, or in the case of the Standing Com- mittee, supersede in consultation with the Corporation, the Standing Com- mittee :

Provided that before issuing a notification under this sub-section the Central Government shall give a reasonable opportunity to the Corporation or the Stand- ing Committee, fs the case may be, to show cause why it should not be super- seded and shall consider the explanations and objections, if any, of the Corpo- ration or the Standing Committee, as the case may be.

{2) Upon the publication of a notification under sub-section (1) superseding the Corporation or the Standing Committee, all the members of the Corporation or the Standing Committee, as the case may be, shall, as ffbm the date of such publication, be deemed to have vacated their offices.

(3) When the Standing Committee has been superseded, a new Standing Committee shall be immediately constituted in accordance with section 8.

(4) When the Corporation has been superseded, the Central Government •may—

(a) immediately nominate or cause to be nominated or elected new mem- bers to the Corporation in accordance with section 4 and t may constitute a new Standing Committee under section 8;

(b) in its discretion, appoint such agency, for such period as it may think fit, to exercise the powers and perform the functions of the Corpo- ration and such agency shall be competent to exercise all the powers and perform all the functions of the Corporation. ^

(5) The Central Government shall cause a full report of any aot;on taken "nder this section and the circumstances leading to' such action to be laid before the Central Legislature at the earliest opportunity and in any case not later than three vnonths from the date of the notification superseding the Corporation or the Standing Committee, as the case may be.

22. Duties of Medical Benefit Council.—The Medical Benefit Council shafl— (a) advise the Corporation, the Standing Committee and the Medical Commissioner on matters relating to the administration of medical benefit,- the certification for purposes of the grant of benefits and other connected matters;

(b) have sueh powers and duties of investigation as may be prescribed in relation to complaints against medical practitioners in connection with medical treatment and attendance; and

(c) perform such other duties in connection with*medical treatment and attendance as may be specified in the regulations.

23. Duties of Principal Officers.—The Principal Officers shall exercise such powers and discharge such duties as may be prescribed. They shall also per- form such other functions as may be specified in the regulations.

24. Acts of Corporation, etc, not invalid by reason of defect in constitution, etc.—No, ace of the Corporation, the Standing Committee or the Medical Benefit! Council shall be deemed to be invalid by reason of any defect in the constitution of the Corporation, the Standing Committee or tho Medical Benefit Council, or on -the ground that any member thereof was not entitled to hold or continue in office by reason of any disqualification or of any irregularity in his nomination or elec- tion or by reason of such act having been done during the period of any vacancy in the office of any member of the Corporation, the Standing Committee or the Medical Benefit Council.

25. Regional Boards, Local Committees, Regional and Local Medical Benefit Councils.—The Corporation may appoint Eegional Boards, Local Committees and Eegional and Local Medical Benefit Councils in such areas and m &ueh manner, and delegate to them such powers and functions, as may be provided by the regulations,

CHAPTER in

FINANCE AND AUDIT

28. Employees' State Insurance Fund.—(2) All contributions paid under •this Act and all other moneys received on behalf of the Corporation shall be paid into a fund called the Employees' State Insurance Fund which shall be held and administered by the Corporation for the purposes of this Act.

(2) The Corporation may accept grants, donations and gifts from the Central or any Provincial Government, Indian State, local authority, or any ^dividual •or body whether incorporated or not, for all or any of the purposes of this Act.

(3) All moneys accruing or payable to the said Fund shall be received by such officers of the Corporation as may be authorised by it m this behalf and shall forthwith be paid by them into the Eeserve Bank of India or such other bank as may be approved by the Central Government, to an account styled tne account of the Employees' State Insurance Fund.

(4) Such account shall be operated on by such officers as may be authorised by the Standing Committee with the approval of the Corporation.

27 Grant by the Central Government.—The Central Government shall, every "vear during the first five vears, make a grant to the Corporation of a sum equivalent to two-thirds of the administrative expenses of the Corporation not including therein the cost of anv benefits provided by or under this Act.

28 Purposes for which the Fund may be expended.—Subject to the provi- sions of this Act and of any rules made by the Central Government in that behalf, the Employees' State Insurance Fund shall be expended only for the •following purposes, namely:—•

(i) payment of benefits and provision of medical treatment and attend- ancfe to insured persons and, where the medical benefit is extended to their families, the provision of such medical benefit to their families, in accordance with the provisions of this Act and defin- ing the charges and costs in connection therewith;

(ii) payment of fees and allowances to members of the Corporation, the.

Standing Committee and the Medical Benefit Council, the Eegional Boards, Local CommittoeB and Eegional and Local Medical Bene- " ^ fit Councils;

(Hi) payment of salaries, leave and joining time allowances, travelling- and eompcnsftliory ullmvnnr.es, gratuities and compassionate allowances, pensions, contributions to provident or other benefit fund of uti'u.'erR and servants of tlit? Corporation and meeting the expenditure in respect of offices and other services set up for the purpose of giving effect to the provisions of this Act;

(iv) establishment and mnintenauce of hospitnls, dispensaries and other institutions and the provision of medical and other ancillary ser- vices for the benefit of insured persons and, where the medical benefit is extended to their families their families;

(a) payment of contributions to tiny Provinc nl Government, Indian State, local authority or any private body or individual, towards the- orist of medical tn'titment wl attendance, provided to insured persons and, where tho medical benefit is extended to their families, their families including the cost of any building and equipment, in accordance, with any tigreemont entered into by the Corporation;

Ivi) defraying the cost (inoluding all expenses) of auditing the accounts of the Corporation and of the valuntion of its assets and liabilities; (vii) dofraying the cost (including all expenses) of (he Employees' Insur- ance Courts sot up under this Act;

(viii) payment of any sums under any contract entered into for the pur- poRes of this Act by the Corporation or the Standing Committee or by any ofiV.er du'lv iiuthomad by the Corporation or the Stand- ing Committee in that behalf;

(W) payment of sums under any decree, order or award of any Court or Tribunal against the Corporation or any of its officers or seivants for any act done in the execution of hie duty or under a compro- mise or settlement of any snil. or olher legal proceeding or claim instituted or made against the Corporation;

M dofnVm" the eo.t nnd other ohmcrs nf instituting or defending any ( } civil or criminal proceedings arising out of any action taken unrler

this Act;

, (xi\ defraying expenditure, within the limits preserved, on measures for ( ° the impvoyou^rt of the heuJth and welfare of insured persons >md for the rehabilitation and re-ernployinent of insured persons who have been disabled or injured; and

(xii) such oilier purposes as may be, authorised by the Corporation with ¹ 11,o previous approval of the Central Government.

property both mo""hl. " .,..,"<.T"W". "dl "> h " "" *~ „ ,„ „ u i l 6d

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ments-

(3) I he Corporation may, with the previous sanction of the Central Govern- ment and on such terms as mayK be prescribed by it, raise loans and take measures for discharging such loans.

_^_--' (4) The Corporation may constitute for the benefit of its sUiti or any class of thorn, sueh provident or other benefit fund as it may think fit.

30. Vesting of the property in the Corporation.—All property acquired before the establishment of tho Corporation, shall -vent in iho Corporation and all income derived and expenditure incurred in this behalf shall be brought into the books- cf tho Corporation.

31. Expenditure by Central Government to be treated as a loan.—All expen- diture incurred by the Central Government for and in connection with the establishment of the Corporation up to the date of its establishment shall be treated as a loan advanced by the Central Government to the Corporation and such loan shall bo adjusted against grants from the Central Government to the Corporation.

32. Budget estimates.—The Corporation shall in each year frame a budget showing the probublo receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the Cenirul Government before such dnte o* may be fixed by it in that be- half. The budtrct shall contain provisions adequate in the opiivon of the Central Government for the discharge of the liabilities incurred by the Corporation and . for the maintenance of a working balance.

33. Aocountfl.—The Corporation shall maintain correct aocounts of its in- come and expenditure in such form tmd in such manner as may be prescribed by the Central Government.

34. Audit.—(1) The accounts of the Corporation shall be audited, at such times and in such manner as may be prescribed, by auditors appointed by the Central Government.

(S) The auditors shall at all reasonable times have access to the books,. accounk and other documents of the Corporation and may, for the purposes of the audit, CJLI.I1 for such oxplanntion and information as they may require or examine any principal or other officer of tho Corporation.

(3) The auditors shall forward to the Central Government a copy of their report together with an and tod copy of the accounts of the Corporation.

(4) The cost of the audit aR determined by the Central Government shall be paid out of the funds of the Corporation.

36. Annual report.—TIIH. Corporation shall submit to the Central Govern- ment an annual report of its work and activities.

36. Budget, audited accounts and tho annual report to be placed before the Central Legislature.—The annual report, the audited accounts of the Corpora- tion, and the budget as finally adopted by the Corporation shall be placed before tho Central Legislature and publ'shed in the official Gazette.

37. Valuation of assets and liabilities.—The Corporation shall, at intervals of five years, have a valuation of its assets and liabilities made by a valuer appointed with the approval of the Central Government:

Provided that it shall be open to the Central Government to direct a valu- ation to be made at such other times as it may consider necessary.

CHAPTER IV

CONTHIBUTIONS

38. All employees to be Insured.—Subject to the provisions of this Act, SH^, employees in factories or establishments U> which this Act applies shall be insured m the manner provided by this Act.

39. Contributions.—(_/) The contribution payable under this Act in respect of an employee shall comprise contribution payable by the employer (herein- after referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the Corporation.

(,'?) The contributions shall be pnid at the rates specified in the First Sche- duV, and in ciso uhoro the pruv'sJ.-Ti;-. of thib Act are made applicable to any employee or class of employees in any factory or establishment or class ot factories or establishments in such manner that they are excluded from some of the benefits under this Act, at such rates us the Corporation may lix in this behalf.

(3) A -week shall be the unit in respect of which all contributions shall be payable under this Act.

14) The contributions payable in refipect of each week shall ordinarily fall duo on the last day of the week, and where an employee is employed for part of the week or is employed Tinder two or more employers during the same week, the. contributions shnll' fall due on such days as may be specified in the regulations.

40. Principal employer to pay contributions In the flrat lnflfance.—(i) The principal employer shall pay in respect of every employee, whether directly em- ployed by him or by or through an immediate employer, both the employer'9 contribution and th". employee's contribution.

(3) Notwithstanding anything contained in anv other enactment but Rub- ient to the provisions of this Act and the regulations, if any, made thereunder, the principal employer shall, in the case of an employee directly employed by him (not being an exempted employee), be entitled to recover from the employee the employee's contribution by deduction from his wages and not otherwise:

Provided that no such deduction shall bo ma/lo from any wages other than such as relate to the period or part of the period in respect of which the contri- bution is pnyablo, or in excess of the sum representing the, employees contri- bution for the period.

(3) Notwithstanding any contract to the contrary, neither the principal em- ployer nor the immediate, "employer ahull be emitted to deduct the employer's contribution from any wages payable to an employee or othorwise to recover it frrm him.

(4) Any sura deducted by the principal employer from wages und^r this Act shall be deemed to have been entrusted to him by the employee for the .purpose Of paying the contribution in respect of which it, Was deducted.

(Vj) The Principal omp'oyer shall bear the expenses of remitting tho contribu-

tions to the Corporation.

41 Focoverv of contribution from immediate employer.~(l) A principal employer, wlu/has pa;d contribution In respect of un employee employed by or through an immediate employer, shall bo entitled to recover the amount of the contribution so paid (that is to say the employer's contribution ns well an the employee's contribution, if any) from the immediate employer either oy deduc- tion from any amount payable to him by the principal employer * nder any eontract, or as a debt payable by the immediate employer.

(3) In the case reformed to in sub-section (2), the immediate employer shall be entitled to recover the employee's contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to the conditions specified in the proviso to sub-section (2) of section 40.

Explanation.—For the purposes of sections 40 and 41, wages shall be deemed to include payment to an employee in respect of any period, of authoria- ed leave, look-out or legal strike.

42. General provisions as to payment of contributions.—(I) No employee's contribution shall bs payable by or on behalf of an employee whose average daily wages are below one rupee.

Explanation,—The average daily wages of an employee shall be oalculated:

In the manner specified in the First Schedule.

(5) Contribution (both the employer's contribution and the employee's contri- bution) shall be payable by the principal employer for each week during the whole or part of which an employee is employed.

(3) Where wages are payable to an employee for a portion of the week, the employer shall be liable to pay both the employer's contribution and the employee's contribution for the week in full but shall be entitled to recover from the employee the employee's contribution.

(4) No contribution shall be payable in respect of an employee for any week during the whole of which no services are rendered by an employee and in respect of which no wages are payable to him.

(6) Notwithstanding the provisions of sub-section (4), contribution shall be payable, in respect of any week during which no services are rendered by and no wages tiro paid to an employee, at the rate at which contribution was last paid, where the failure to render such services is duo to the employee being on authorised leave, or is duo to a look-out or a legal strike, if in respect of the L'oriod covered by such legal strike the employee receives wages in full or in part.

43. Method of payment of contribution.—Subject to the provisions of this Act", the Corporation may make regulations for any matter relating or inci- dgntiU to the payment and collection of contributions payable under this Aot and without prejudice to tho generality of the foregoing power such regulations may provide for—-

(a) the manner and time of payment of contributions;

(b) the paymont of contributions by means of adhesive or other stamps affixed to or impressed upon books, cords or otherwise and regulating the manner, times and conditions in, at and under which, such stamps are to be affixed or impressed:

(d) the entry in or upon books or cards of particulars of contributions paid and benefits distributed in the case of the insured persons to whom suuh books or cards rolato : and

(A) tho issue, sale, custody, production, inspection and delivery of books or cards and the replacement of books or cards which have been lost, destroyed or defaced-

44. Eeturns by employers.—Every principal and immediate employer shall submit to the Corporation or to such officer of the Corporation as it may direct aueh returns in such form and containing such, particulars relating to persons employed by him, as may be specified in regulations made in this behalf.

46. Inspectors, their functions and duties.—(2) The Corporation may appoint such persons as Inspectors, as it thinks fit, for the purposes of ibis Act, •within such loord limits as it may assign to them.

(2) Any Inspector appointed by the Corporation under sub-seeticn (1) (hereinniter referred to as Inspector), or other official of the Corporation authorised in this bohalf by it may, for the purposes of enquiring into the correctness of any of the particulars stated in any return referred to in section 44 or for the purpose of ascertaining whether any of the provisions of this Act has been complied with—

(a) reijuiio any principal or immediate employer to furnish to him such information (is he may consider necessary for the purposes of this Act; or

(b) at any reasonable time enter any office, establishment, factory or other premises occupied by such prinoipal or immediate employer and require any person found in charge thereof to produoe to such Inspector or ether official and allow him to examine such accounts, books arid other documents relating to the employment of persons utid payment of wages or to furnish to him such Information as he may consider necessary; or

(o) examine, with respoct to any matter relevant to the purposes afon-t- "aid, the principal or immediate employer, his agent or servant, or any person found in mieh factory, establishment, office or other premises, or any person whom the said Inspector or other official has reasonable cauno to believe to be or to have been an employee

(.3) An Inspector shall exercise such functions and perform such duti"H as may be authorised by the Corporation or ns mny be specified in the regu- lations.

CHAPTER V.

BliNEFITS

46. BenefltB.—-(I) Subject to the provisions of this Act, the insured DErsons •or, as the case may be, their dependants shall be entitled to the following bene- fits, namely:—

(a) periodical payments to any insured person in case of his sickness •certified by a duly appointed medical practitioner (hereinafter referred to as sickness benefit);

(h) periodical paymcuts in case of confinement to an n->"isured woman, certified to be eligible for such payments by an authority specii^d in this behalf by tlie regulations (hereinafter referred to as maternity benefit);

(c) periodical payments to an insured person suffering from disablement as fi result of an employment injury sustained as an employee under this Act and oertified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit);

(d) periodical payments to such dependants of tin insured person who dies as n result of an employment injury sustained as an employee under this Act, as are entitled to compensation under this Act (hereinafter referred to aw -dependants¹ benefit); and

(,e) medical treatment for and attendance on insured persons (hereinafter referred to as medical benefit). .

(2) The Corporation may, at the request of the appropriate Government, and subject to &uon conditions as may be laid down in the regulations, extend tho •medical benefits to the family of an insured person.

47. When person eligible IOT sickness benefit,—A person shall be qualified to claim sickness benefit during any benefit period, if during the corresponding contribution per oil, we^-Jr coutrlm^o-is m respect of him were payable for not l>ss tli-ni tuo-tlih-ilH oil ilie number of weeks during which he shall be •deemed to have bce?i available for employment within the meaning of section 4B, subject to a minimum of twelve oontributions :

Provided that the Corporation mny waive tho minimum number of contri- butions during the first contribution period.

48. When person deemed available lor employment.—A person shall always be deemed to hfive been available for employment in any week, except when during the whole of such week,—-

(a) be wns nimble to work on account of sickness which had been duly certified, whether entitling him to receive sickness benefit or not, or

(b) he was qualified to receive disablement benefit for temporary disable- ment, or

(c) in tho case of an insured woman, she was entitled to the maternity benefit provided in portion 50 or she would have been entitled to such benefit if she had fulfilled all other conditions entitling her f-herdo.

49. Sickness benefit.—Subject to the provisions of this Act and the regu- lations, if any, o person qualified to claim sickness benefit in accordance with section 47 sh'ull btj entitled to ree.eivo such benefit at the rates specified in the Second Schedule for the period of his sickness:

Provided that he shall not be entitled to the benefit for an initial waiting period of two days except in the case of a snell of sickness^following, at an interval of riot more than fifteen days, the spell of sieknesR for which sickness benefit was last pnid :

Provided further that sickness benefit shnll not be pnid to any person for a number of days in excess of the number which token together with the number of days for which he has already receive! the benefit makes up a totnl of fifty- iix days during .my continuous period of three hundred and sixtv-five dnv

60. Maternity benefit.—(]) An insured woman shall be qualified .to claim maternity benefit for a confinement occurring in a benefit period if during the corresponding contribution period, weekly contributions in respect of her were, pnyable for not lens thii.n two-thirds; nf |,ho number of weeks during which she shall be deemed to have been available for employment within the meaning of section 48. subject to n minimum of twelve contributions:

Provided that at least one contribution has been paid between EbMy-flrB and forty weeks before the week in which the confinement takes place or in which notice of nn^mnicv is given before confinement whichever is more advantageous to the insured perron.

(8) Subjeot to the provisions of this Act, and the regulations if am *n insured woman who is qualified to claim maternity benefit in accord™™" J tE jub-seotion (1) shall be entitled to receive it at th'I rate of ZeZltl a 1£ Srfo? A wi w h l o h,⁸ hV ° ". v°* W⁰Tk '^ remuneration during

61. Disablement benefit.—(1) Subjeot to the provisions of this Act, and the- regulations, if any, disablement benofit shall bo payable—

(a) to a person who sustains temporary disablement, during the period of euch disablement;

(6) to a person who sustains permanent partial disablement, during his life;

(o) to a person who sustains permanent total disablement, during his life; and

(d) to a person, in all cases of disablement not falling under sub-clauses• (a), (6) or (<•) of this sub-section, as may be provided in the regulations.

(2) Disablement benefit shall be paid on the scale iind subject to the conditions specified in this behalf in the Second Schedule.

52. Dependants' benefit.—Where an insured porson dies as a result of an employment injury sustained as an employee Tinder this Act, dependants' bene- fit shall be payable subjeot to the provisions of this Act and the regulations, if' any, to his dependants at such rates and for such period as is specified in the Second Schedule. ,

.58. Disablement and dependants' benefits.—Where an insured person Is or his dependants nro entitled to receive or recover, whether from t^e employer of the insured porson o-i from any other person any compensation or damages under the Workmen's Compensation Act, 1023 (VITT of 1920), or otherwise, in respeot of an employment injury sustained by the insured person as tin emplov'je under this Act, then the following provisions shall apply, namely:—•

(j) The insured person shall, in lieu of such compensation or damages, receive tho disablement benefit provided by this Ac' [but subjeot otherwise to the conditions specified in the Workmen's Compensation Act, 1923 (VITT of 1928)] from the Corporation and not from the employer or other person.

(ii) If the insured person dies as a result of the employment injury sustained as an employee under this Act (whether or not be was in receipt of any perodicnl pnvm^nt for temporary dis. .Mpmerit in respect of the injury), dependants' benefit shall be payable nt 'hi.- rates and in the proport;on specified in the Second Schcdu'e to his widov or widows during her or their widowhood, and (o minor legitimate or adopted wn* and minor legitimate unmarried daughters.

(Hi) In cnee the insured person does not leave,him surviving any widow or ohildren as mentioned in clause (ii) or in the case of an insured woman if she doos not leave her surviving any children as mentioned in clause (ii), depondant'g benefit shall be paid to the other dependants of the deceased at such rates as may hn determined by the Commissioner appointed under the Workmon's Compen- sation Act, 1923 (VITI of 1923).

(?") The amount of dependants' benefit paynble under clause (wV) shall not exceed one-half of the amount which would have been payable to the Insured person as, benefit on, permanent total disablement.

(v) Savo as modified by this Act, the obligations and liabilities imposed on an employer by the Workmen's Compensation Act, 1923 (VIII of 1923), shall oontinue to apply to him.

64 Medical examination.—All medical examinations and treatment referred to in the Workmen's .Cqmnensatipn Act, 1923 (VIII of 1928), shall for the purposes ctf thla Acfl, be carried out by duly appointed medical practitioners.

65. Keview of benefits.—(1) Any payment of disablement benefit may be reviewed by the Coimniss oner appointed under the Workmen's Compensation Aot, 1923 (VIII of 19^8), on the application of—

fa) an Insurance Officer of the Corporation, or (b) the person receiving the benefit,

and Buch application shall be accompanied by a certificate of a duly appointed medical ofiicer:

Provided that such application may be made without such certificate in •uch circumstances as may be specified in the regulations made in this behalf.

(#) Subject to the provisions of this Act, the Commissioner may, on suoh review as aforesaid, direct that the disablement benefit be oontinued, increased, reduced or discontinued.

66. Medical benefit.—(1) An insured person or (where such medical benefit la extended to his family) a mernbor of his family whoso condition requires medi- cal treatment and attendance shall be entitled to receive medical benefit.

(2) Such medical benefit may be given either in the form of outpatient, ', treatment and attendance in a hospital or dispensary, clinic or other institution or by visits to the home of the insured person or troatmont as in-patient in a hospital or other institution.

(3) A person shall be entitled to medical benefit during any week for which contributions are payable in respect of him or in which he is qualified to claim sickness benefit or maternity benefit or, as provided under the regulations, is in roooipt of disablement benefit:

Provided that a person in respect of whom contribution ceases to be pay- able under this Act may be allowed medical benefit for suoh period and of suoh nature as may bo provided undnr the regulations.

57. Scale of medical benefit.—(1) An insured person and (where auoh medi- cal benefit is extended to his family) his family shull be entitled to receive medical benefit only of such kind und on such scale as may be prov ded by the ' Provincial Government or by the Corporation, and >m insured person or, where suoh medical benefit is extended to his family, his family ah'ill r ""•*•, hnvi> a right to claim any medical treatment except such as is provided by the dis- pensary, hospital, clinic or other institution to which he or his family Is allotted, or as may be provided by the regulations.

(2) Nothing in this Act shall entitle an insured person and (where such medical' benefit is extended to his family) his family to claim reimbursement frnm the Corporation of any expenses incurred in respect of any medioal treat- ment, except as may be provided by the regulations.

08. Provision of medical treatment by Provincial Government.—(1) Tbe Provincial Government shall provide-for insured persons and (whore such benefit. is extended to their families) their families in*the Province, reasonable medical mirgical and obstetric treatment:

Provided that the Provincial Government may, with the approval of tiie Corporation, nmmge for medical treatment at clinics of medical practitioners on Buoh scale and subject to such terms and conditions as may bo agreed upon.

(?) Where the incidence of sickness benefit payment to insurer! persons in any province is found to exceed the nl'-lndia a v e r s e, thi> amount of such excess shall be shared between the Corporation and the Provincial Government in such proportion as may be fixed by agreement between them •

Provided that the Corporation mny in any euso waive the recovery of the whole or any part of the share which is to bo borne by the Provincial Govern- ment.

(3) The Corporation may enter into an agreement with a Provincial Government in regard to the nature and soale of the medical treatment that should be provided to insured persons and (where such medical benefit is extended to the families) their families (including provision of buildings, equip- ment, medicines, and staff) and for the sharing of the oost thereof and of any excess in the incidence of sickness benefit to insured persons between the •Corporation and the Provincial Government.

(4) In default of agreement between the Corporation and any Provincial Government as aforesaid the nature and extent of the medical treatment to be provided by the Provincial Government and the proportion in which the cost thereof and of the excess in the inc'dence of sickness benefit shall be shared between the Corporation and that Government, shall be determined by an arbitrator (who shall be or shrill have been a Judge of the High Court of a Province) appointed by the Chief J'ustice of India and the award, of the arbitrator ehall be binding on the Corporation and the Provincial Government.

69, Establishment and maintenance of hospitals, etc., by Corporation.—(1) The Corporation may, with the approval of the Provincial Government, establish and maintain in a Provinoe such hospitals) dispensaries and other medical and surgical services as it may think fit for the benefit of insrurpd persons and (whore such medical benefit is extended to their families) their families.

(3) The Corporation may enter into agreement with any Indian State, looal authority, private body or individual in regard to the provision of medical treatment and attendance for insured persons and (where such medical benefit is extended to their families) their families, in any area and sharing the cost thereof.

GENERAL.

60. Benefit not assignable or attachable.—(1) The right to receive any payment of any benefit under this Act shall not be transferable or assignable.

(3) No cash benefit payable under this Act shall be liable to attachment or sale in execution of any decree or order of any Court.

61. Bar of benefits under other enactments.—When a person is entitled to any of the benefits provided by this Act, he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.

£2. Persons not to commute caah benefits.—Save as may be provided* In the regulations no perpon shall bo entitled to commute for a lump sum any periodical payment admissible under this Act.

63, Persons not entitled to receive benefits In certain cases.—-No person sh.iF be entitled to Richness benefit or maternity benefit, or disablement benefit for temporary disablement in respect of any day on which he works and receives wages.

64. Recipients of sickness or disablement benefit to observe conditions—K person who is in receipt of sickness benefit or disablement benefit (other than, benefit granted on permanent disablement)—-

(a) shall remain under medical treatment at a dispensary, hospital, clinic or •Other institution provided under this Act, and shall enrrv out the inptructionn £>en bv the medicnl officer or medical attendant in charge thereof;

(b) shall not while under treatment do anything which might retard or pre- judice his chances of recovery;

(<0 shall not leave the area in which medical treatment provided by this Act "is being given, without the pprrniss"on of the medical officer, medical attendant or fu.-h other'authority as may be specified in this behalf by the regulations;

and

(d) shall allow himself to be examined by any duly appointed medical offloer or sick visitor or other person authorised by the Corporation in this behalf.

66. Benefits not to be combined.—(11 An insured person shall not be entitled jko reoeive for the same period—

(a) both sickness benefit and maternity benetit; or (fe) both sickness benefit and disablement benefit for temporary disable- ment; or

(G) both maternity benefit and disablement benefit for temporary disable- ment.

(£) Where a person is entitled to more than one of the benefits mentioned in sub-section (1), he shall be entitled to choose which benefit he shall reoeive.

66. Corporation's right to recover damages from employer In certain cases.—. (1) Where any employment injury is sustained by an insured person as an em- ployee under this Act by reason of the negligence of the employe* to observe any of the safety rules laid down by or under any enactment applicable to a factory or establishment or by reason of any wrongful act of the employer or his agent, the Corporation shall notwithstanding the fact that the employer has paid the weekly contributors duo under this Act in respect of such insured person be entitled to be reimbursed by the employer or the principal who ie liable to pay compensation under section 12 of the Workmen's Compensation Act, 1923 (VILl of 1028), the actuarial present value of the periodical payments which the Corpo- ration is liable to make under this Act.

UO For the purposes of this Act. the actuarial present value of the periodical payments shall be determined in such manner as may be specified in the regu- lations.

67. Corporation's right to be Indemnified In certain cases.—Where an insured person is entitled to receive or to recover (but has not received or recovered), whether from his employer or any othor pei-son, compensation or damages under any law for the time being in force in respect of any employment injury caused under circumstances creating a legal liability in some person other than the employer or his agent, the Corporation shall bo entitled to be indemnified by the person so liable:

Provided that the Corporation shall not be entitled to bo indemnified by an employer who bos paid contributions in respect of the employee sustaining the employment injury as an employee under this Act, except in cases covered by eeotion 66.

68. Corporation's rights where a principal employer tails or neglects to pay any contribution.—(1) If any principal employer fails or neglects to pay any contribution which under this Act he is liable to pay in respect of any employee and by reason thereof such person becomes disentitled to any benefit or en- titled to a benefit on a lowor scale, the Corporation may, on being satisfied that the contribution should have been paid by the princ;pal employer, pay to the person tr-n benefit :it the rate to which he would have been entitled if th# failure or neglect bad not occurred and the Corporation shall be entitled to recover from the principal employer either—

(?) the difference between the amount of benefit which is paid to the said person and the amount of the benefit which would be payable on the basis of the contributions which should have been paid by the employer, or

(ii) twice the amount of the contribution which the employer failed or

negleoted to pay,

whichever is creater.

(#) The amount recoverable under this section may be recovered as if it were an arrear of land-revenue.

60. Liability of owner or occupier of factories, etc., for axcesaive sickness benefit.—(2) Where the- Corporation considers that the incidence of sickness among insured persons is excessive by reason of—.

(i) insanitary working conditions in a factory or establishment or the neglect of the owner or occupier of the factory or establishment to observo ftny health regulations enjoined on him by or under any enactment, or

("") insanitary conditions of any tenements or lodgings ocoupiod by insured persons and suoh insanitary conditions are attributable to the neg- lect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactment,

jfche Corporation may send to the owner or occupier of the factory or establishment or to the owner of the tenements or lodgings, as the case may be, a claim for $he payment of the amount of the extra expenditure incurred by the Corporation as sickness benefit; and if the claim is not settled by agreement, the Corporation may refer the matter, with a statement in support of its claim, to the appropriate Government.

(g) If the appropriate Government is of opinion that a prim a facie case for inquiry is disclosed, it may appoint a competent person or persons to hold an Inquiry into the matter.

(3) If upon such inquiry it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among tht) insured pwsons is due to the default or neglect of the owner or occupier of the fectory or establishment or the owner of the tenements or lodgings, us Oie case may be, the said person or persons shall determine the amount of the extra ex- penditure incurred as sickness benefit, and the person or persons by whom the whole or any part of such amount shall be paid to the Corporation.

• (4) A determination under sub-section (3) may be enforced as if it were a •decree for payment of money passed in a suit by ft Civil Court.

(5) For the purposes of this section, "owner" of tenements or lodgings shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the owner. •

70. Repayment of benefit Improperly received.—(l) Where any person has reoeived any benefit or payment under this Act when he is not lawfully entitled; thereto, he Bhall be liable to repay to the Corporation the value of the benefit or the amount of such payment, or in the case of his death his representative shall be liable to repay the sarne from the assets of the deceased, if any, in his bands.

(8) The value of any benefits received other than cash payments shall be determined by suoh authority as may be specified in tho regulations made in. |his behalf and the decision of such authority shall be final.

(3) The amount recoverable under this section may be recovered as if it wer© on arrear of land-revenue.

71. Benefit payable up to and Including day of death.—If a person dies during any period for which he is entitled to a oash henefit under this Act, the amount of K'icb benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may he specified in the regulations or, if tboro is no sufjh nomination, to the heir or legal representative of the deceased person.

72. Employer not to reduce wages, etc.^No employer by reason only of his liability for any contributions payable under this Act shall, directly or indirectly reduce the wages of any employee, or except as provided by the regu- lations, discontinue or reduce benefits payable to him under the conditions of his service whioh are similar to the benefits conferred by this Act.

73. Employer not to dismiss or punish employee during period ol sickneM, etc.—(i) No employer shall dismiss, discharge, or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is m receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering Ihe employee unfit for work.

[if) No notice of dismissal or discharge or reduction given to an employee during the period specified in sub-section (1) shall bo valid or operative.

CHAPTEE VI.

ADJUDICATION OF DISPUTES AND CLAIMS.

74. Constitution of Employees' Insurance Court.—(1) The Provincial Gov- ernment shall, by notification in the official Gazette, constitute an Employee** Insurance Court for euch local area as may be specified in the notification.

(2) The Court shall consist of such number of Judges as the Provincial GOT* ernment nnay think fit.

(3) Any person who is or has been a judicial officer or is a. legal practitioner of five years' standing shall be qualified to bo a Judge of the Employees' Inttum •anoe Court.

(4) The Provincial Government may appoint the same Court for two or more local areas or two or more Courts for the same local area.

(5) "Where more than one Court has been appointed for the same local ar(j", the Provincial Government may by general or special order regulate the distribu- tion of business between them.

75. Matters to be decided by Employees' Insurance Court.—(l) If any ques- tion or dispute arises as to—-

(a) whether any person is an employee within the meaning of this Aot at whether he is liable to pay the employee's contribution, or

(b) the rate of wages or average daily wages of an employee for the pur- poses of this Aot, or

(o) the rate of contribution payable by a principal employer in respeoli "i any employee, or

{d) tne person who is or was the principal employer hi respect of atrj employee, or

(e) the right of any person to any benefit and as to the amount and dura- tion thereof, or

<{f) the actuarial present value of the periodical payments referred fo In section 66. or

ig) any other matter whioh is in dispute between a principal employer and the Corporation, or between a principal employer and an Im- mediate employer, or between a person and the Corporation at between an employee and a principal or immediate employer, III respect of any contribution or benefit or other dues payable a£ recoverable under this Act,

"uoh question or dispute shall be decided by tho Employees' Insurance Court in accordance with the provisions of this Act.

(2) The following claims shall be decided by the Employees' Insurance Court,

namely:—r

(a) claim for the recovery of contributions from the principal employer; (b) claim by a principal employer to recover contributions from any;

immediate employer;

(c) claim under section 06 or 67 made by the Corporation against tho employer or other person liable thereunder;

(d) claim against a principal employer under section 68; (iP) claim under section 70 for the recovery of the value or amount of the

benefits received by a person when he is not lawfully entitled thereto; and

(/) any claim for the recovery of any benefit admissible under this Act. (3) No Civil Court shall have jurisdiction to decide or deal with any question or dispute as aforesaid or to adjudicate on any liability which by or under thi& Aot is to be decided by the Employees' Insurance Court.

76. Institution ol proceedings, etc,—(2) Subject to the provisions of this Aot and any rules made by Ihe Provincial Government, all proceedings before the Employees' Insurance Court shall be instituted in the Court ajjpointed for the local area in which the insured person was working tit the time tho question or dispute arose.

(2) If the Court is satisfied that any matter arising out of any proceeding pending before it can be more conveniently dealt with by any other Employees' Insurance Court in the same Province, it may, subject to any rules made by the Provincial Government in this behalf, order such matter to be transferred to fluoh other Court for disposal and shall forthwith transmit to Buoh other Court the records connected with that matter.

(3) The Provincial Government may transfer any matter pending before any Employees' Insurance Court in the Province to any such Court in another Pro- vince with the consent of the Provincial Government of that Provinoe.

(4) The Court to which any matter is transferred under sub-section* (#) or sub-section (3) shall continue tho proceedings as if they had been originally Instituted in it.

77. Commencement ol proceedings r(2) The proceedings before an

Employees' Insurance Court shall be commenced by application.

(2) Every such application shall be in such form and shall contain such particulars and shall be accompanied by such fee, if any, as may be prescribed by rules made by the Provincial Government in consultation with the fjorporation.

78. Powers ol Employees' Insurance Oourt.^(2) Tho Employees' Insurance {Jourt shall have all the powers of a Civil Court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and pro- duction of documents and material objects, administering oath and reoording •evidenc© and such Court shall be deemed to be a Civil Court within the meaning of section 195 and Chaptor XXXV of the Code of Criminal Procedure, 1898 (V of 1808).

(5) The Employees' Insurance Court shall follow fluoh procedure aa may bfr jtresoribed by rules made by the Provincial Government.

(3) All costs incidental to any proceeding before an Employees' Insurance Court shall, subject to such rules ns may be made in this behalf by the Pro- vincial Government, be in the discretion of the Court.

(4) An order of the Employees' Insurance Court shall bo enforceable as if it were a decree passed in a suit by a Civil Court.

79. Appearance by legal practitioners, etc.—Any application, appearance or act required to be made or done by any person to or before an Employees' Insurance Court (other than appearnnee of a person required for the purpose of his examination as a witness) may be made or d

80. Benefit not admissible unless Claimed In time.—An Employees' Insurance Court'shall not direct the payment of any benefit to a person unless he has made a claim for such benefit in accordance with the regulations mode in that behalf, within twelve months after the claim became due:

Provided that if the Court is satisfied that there was reasonable excuse for not making a eluim for the benefit wilhin twelve months after it became due, it may direct the payment of the benefit as if the claim hnd been made in time.

81. Reference to Hi"rh Oourt.—An Employees' Insurance Court mny submit any question of law for the decision of the High Court and if it does so shall decide the question pending before it in accordance with such decision.

82. Appeal.—(1) Save as expressly provided in this section, no appeal shall lie from an order of an Employees' Insurance Court.

(2) An appeal shall lie to the "FTiph Court from an order of an Employees' Insurance Court if it involves a substantial question of law.

(3) The period of limitation for an appeal under this section shall be sixty days.

(4) The provisions of sections 5 and 12 of the Indian Limitation Act, 1908 (XL of 1908), shall apply to appeals undor this section.

83. Stay of payment pending appeal.—-Where the Corporation has presented an appeal against an order of the Employees' Insurance Court, that Court may, and if so directed by the High Court shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against.

CHAPTEB VII.

PENALTIES.

84. PuniBhment 10r lalne statement.—Whoever, for the purpose of oauBing any increase in payment or benefit under this Act, or for the purpose of causing any payment or benefit to be made where no payment or benefit is authorized by or under this Act, or for the purpose of avoiding any payment to be mode by himself under this Act or enabling any other person to avoid any such payment, knowingly makes or causes to be mndo any false statement or false representation, shall be punishable with imprisonment for ti term which mny extend to three months, or with fine not exceeding five hundred rupees* or with both.

80. Punishment lor failure to pay contributions, etc.—If any person—

(a) fails to pay any contribution whioh under this Act he is liable to pay,

or

(b) deducts or attempts to deduct from the wapes of an employee the

whole or any part of the employer's contribution, or

(o) in contravention of section T2 reduces the wages or any privileges or benefits admissible to an employee, or

(d) in contravention of section 71-1 or any regulation dismisses, discharges, reduces or otherwise punishes an employee, or

(c) fails or refuses to submil any return required by the regulations or makes a false return, or

(/) obstructs any Inspector or other official of the Corporation in the dis- charge of his duties, or

(g) is guilty of any contravention of or non-compliance with any of the requirements of this Act or the rules or the regulations in respect of which no special penalty is provided.

be shall bo punishable with imprisonment which may extend to three months or with fine whioh may extend to five hundred rupees, or with both.

86. Prosecutions.-—(1) No prosecution under this Act shnll be instituted ex- cept by or with tho previous sanction of the Insurance Commissioner.

(2) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act,

(3) No Court nh.aU take cognizance of any offence under this Act except on a complaint made in writing in respect thereof, within Rix months of the date on which the offence is alleged to have been committed.

CHAPTEE VIII.

MISCELLANEOUS.

87. Exemption of a factory or establishment or class of factories or estab- lishments.—The appropriate Government, may, by notification in the official G.-tzette and subject to such conditions UK may be specified in tbe notification, exempt any factory or establishment or class of factories or eetablishmenta iu any specified aroa from the operation of this Aot for a period not ex- ceeding one year and may from time to lime by l'ke notification renew any such exemption for periods not exceeding one year at a time.

88. Exemption of persons or class of personfl—The appropriate Govern- ment may, by notification in the official Gazette and subject to such condi- tions as it may deem fit to impose, exempt any persons or class of persons em- ployed in any factory or establishment or class of factories or establishments to which this Act applies from the operation of the Act

89. Corporation to make representation—-No exemption shall be granted or renewed under section 87 or section 88, unless a reasonable opportunity has been given to the Corporation to make any representation it may wish to make in regard to the proposal and such representation has been considered by the appropriate Government.

90. Exemption of factories Or establishments belonging to Government or any local authority.—The appropriate Government may, by notification In ths official Gnzette and subject to such conditions as may be specified in the noti- fication, exempt any factory or establishment belonging to the Crown or any local authority, if the employees in any such factory or establishment are otherwise in receipt of benefits substantially similar or superior to the benefit! provided under this Aot.

91. Exemption from one or more provisions of the Act.^The appropriate Government may, with the consent of the Corporation, by notification in the official Gazette, exempt any employees or class of employees in any factory or establishment or class of factories or establishments from one or more of the provisions relating to the benefits provided under this Aot,

92. Power of Central Government to give directions.—The Central Govern- ment may give directions to a Provincial Government as to the carrying into execution of this Act in the Province.

93. Corporation officers and servants to be public servants.—All officers and servants of the Corporation shnll be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 18G0).

94. Contributions, etc., due to Corporation to have priority over otoar debtSt—-There shall be deemed to bo included among the debts whioh, under section 49 of the Presidency-towns In&jlvency Act, 1909 (III of 1900), or under section 61 of the Provincial Insolvency Act, 1920 (V of 1920), or under section 230 of the Indian Companies Act, 1918 (VII of 1918), are, in the dis- tribution of the property of the insolvent or in the distribution of the asseti of a company being wound up, to be paid ir priority to all other debts, the amount duo in respect of any contribution or any other amount payablo under this Act the liability wherefor accruod before the date of the order of adjudi- cation o'f the insolvont or tJio date if the winding up, as the case may be,

95. Power of Central Government to make rules.—(1) The Central Govern- ment may, subject to the condition of previous publication, make rules not in-

(2) In particular and without prejudice to the generality of the foregoing

(a) the manner in which noniinr-itions and elections of members of the Corporation, the Standing Committee and the Medical Benefil Council shall be made;

(b) the quorum at meetings of tho Corporation, the Standing Committee and the Medical Benefit Council and the minimum number of meetings of those bodies to be held in a year;

(o) the records to be kept of the transaction of business by the Corpora- tion, the Standing Committee and the Medical Benefit Council;

(d) the powers and duties of the Principal Officers and the conditions of their service;

,•(") the powers and duties of the Medical Benefit Council;

if) the procedure to be adopted in the execution of contracts;

(g) tho acquisition, holding and disposal of property by the Corporation;

>(h) the raising and repayment of loans;

>(i) the investment of the funds of the Corporation and of any providenl or other benefit fund and their transfer or realisation;

\(j) the basis on which the periodical valuation of the assets and liabilt" ties of the Corporation shall be made;

•(k) the bank or banks in which the funds of the Corporation may be deposited, the procedure to be followed in regard to tha crediting of moneys accruing or payable to the Corporation and the manner in which any sumB may be paid out of the Corpora- tion funds and the officers by whom such payment may b" authorised;

{0 the accounts to be maintained by the Corporation and the forma In which such accounts shnll be kept and the times at •which tuoh accounts shall be audited;

(w) the publication of the accounts of the Corporation and the report of auditors, the action to be taken on the audit report, the powers of auditors to disallow and surcharge items of expenditure and the. recovery of sums BO disallowed or surcharged;

(nl the preparation of budget estimates and of supplementary estimates and the manner in which such estimates shall be sanctioned and published;

(a) the establishment and maintenance of provident or other bwn.afi.it fund for officers and servants of the Corporation; and

(p) any matter which is required or allowed by this Act to be prescribed by the Central Government.

(3) Rules made under this section shall be published in the official Gazetta and thereupon shall have effect as if enacted in this Act.

i

98. Power of Provincial Government to make rulea.—(l) The Provincial (Government may, subject to the condition of previous publication, make rules not inconsistent with this Act in regard to all or ivny of the following matters,, namely: —

(a) thp constitution of Employees' Insurance Courts, the qualifications of persons who may be appointed Judges thereof, and the condi- tions of service of such Judges;

(b) the procedure to be followed in proceedings before such Comts

and the execution of orders made by such Courts;

(o) the fee payable in respect of applications made to the Employees* Insurance Court, the costs incidental to the proceedings in such Court, the form in which applications should be made to it and the particulars to be specified in such applications;

(d) the establishment of hospitals, dispensaries and other institutions, the allotment of insured persons or their families to any such hos- pital, dispensary or other institution;

(e) the scale of medical benefit which shall be prov;ded at any hos- pital, clinio, dispensary or institution, the keeping of medical records and the furnishing of statistical returns;

(/) the nature and extent cf the staff, equipment and medicines tha^ shall be provided at suoh hospitals, dispensaries and institutions; {g) the conditions of service of the staff employed at suoh hospitals, dispensaries and institutions; and

(fc) any other matter which is required or allowed by this Act to be pre- scribed by the Provincial Government.

(2) Hules made under this section shall be published in the official Gazette and thereupon shall have effect as if enacted in this Act.

9T. Power of Corporation to make regulations.—(1) The Corporation may, BUbject to the condition of previous publication, make regulations, not inconsis- tent with this Act and the rules made thereunder, for the administration of the affairs of the Corporation and for carrying into effect the provisions of this Act. (5) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matter* ' namely: —

(") the time and place of meetings of the Corporation, the Standing Committee and the Medical Benefit Counoil and the procedure to be followed at such meetings;

(:t) the matters which shall bo referred by the Standing Committee to the Corporation for dodsion;

(Hi) the manner in which any contribution payable under this Act shall be assessed and collected;

(iv) Reckoning of wages for the purpose of fixing the contribution pay- able under thiti Act;

(v) the certification of sickness a>id eligibility for imy cash benefit; (vi) the method of determining the actuarial present value of periodical payments;

(vii) the assessing of the money value of any benefit which is not a> oash benefit:

(vffi) the time within which and the form in which any cloim for a be- nefit may be made and the particulars to be specified in such claim;

(i*) the circumstances in which an employee in receipt of disablement benefit may be dismissed, discharged, reduced or otherwise punished:

(a;) the manner in which and the place and time at which any benefit) shall be paid;

(xf) the method of calculating the amount of cash benefit payable and the circumstances in which and the extent to which commutation of disablement and dependant's benefits, nmv be allowed and the method of calculating the commutation value;

(jtn't) the notice of pregnancy or of confinement and notice and proof of' siokness;

'(em) the conditions under which any benefit may be suspended; (piv) the conditions to be observed by a person when in receipt of any benefit and the periodical medical examination of such persona;

(aro) the visiting of sick persona; (asm) the appointment of medical practitioners for the purposes of thi" Act, the duties of such practitioners and the form of medical cer- tificates ;

(snrii) the penalties for breach of regulations by fine (not exceeding two days' wages for a first breach and not exceeding three days' wage"> for any subsequent breach) which may be imposed on employees; (xviii) the circumstances in which and the conditions subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted;

(xix) the returns to be submitted by the prinoipal and immediate em- ployers, the form in which and tho times at which such returns should be submitted and the particulars to be given in such, returns;

(aw) the duties and powers of Inspectors and other officers and servants of the Corporation;

(flKri) the conditions of service of the officers and servants of the Corpo- ration other than the Principal Officers;

(ami) the procedure to be followed in remitting contributions to the Cor* poration; and

(sexiit) any matter in respoct of whrch regulations art. required or per- mitted to be made by this Act.

(3) Eegulations made by the Corporation shall bo published in the Gazette- W India and thereupon shall have efleot as if enacted in this Act.

98. Corporation may undertake duties In the Indian States.—The Corpora- tion may, at the request of the Government of an Indian State and with the previous permission of the Central Government and subject to such condition! as may be imposed by it, undertake to discharge in the Indian State any duty which may be specified in a State law corresponding to this Act.

99. Enhancement of benefits.—At any time when its funds so permit, the Corporation may enhance the scale ot any bonefit admissible under thia Act and the period for which such benefit may he given, and provide or coit- ¹ tribute towards the cost of medicnl care for the families of insured peraone.

SCHEDULE I

(See section 39)

1. The amount if weekly contribution payable in respect of an employe* flhall be calculated with reference to his average daily wages.

2. The average daily wages shall be:—<

(a) in respect of an employee employed on daily wages, the amount ol ^ages earned during the week divided by the number of days worked (reckoned in terms of full working days);

(6) in respect of an employee employed on weekly wages, the amount earned in the week divided by the number of days worked (reckoned In terms of full working days);

(o) in respect of an employee employed on monthly wages, the amounfl earned in the month in which the contribution falls due, divided by the •number of days worked (reckoned in terms of full working days);

(d) in respect of an employee employed on the basis of any other wage period, the wages for the period, in which the contribution falls due, divided by the number of days worked (reokoued in terms of full working days) during the period;

(e) in respect of an employee paid at pieoe-work rate, the amount earned •during the week divided by the number of days worked (reckoned in forma

of full working days);

(/) in respect of an employee employed on hourly wages, the amount of wages earned during the week, divided by the number of hours worked and •multiplied by eight;

(g) in respect of an employee who dope not fall under clauses (a) to (/), the amount calculated on the basis of wages earned for the day on which the ^contribution falls due.

Explanation.—Except as provided by regulations, pny, salaries or allow- anres paid in respect of any period of leave or holidays with pay shall not be $aken into account in reckoning wages.

8. (a) For the purposes of fixing the amount of weekly contribution payable, employees shall be divided into eight groups on the basis of their average daily wages ascertained in the manner speoifled in paragraph 2.

(b) The employees' contribution and employer's contribution payable

TABLE

Group of employees

Employers' con- tribution

Employees' oon-

trlbution (reco-

verable from

employees)

Total contri- bution (em- ployvew¹ and employer* H con- tribution)

2

1

4

3

Rs. A. P. Nil

Rs. A. P. 0 7 0

Re. A. P. 0 7 0 1. Employees whose averftgo daily waged ore below Be. 1.

0 2 0

0 7 0

0 9 0 S. Employees whoso average daily wag™ are Re. 1 and above but below KB. 18 0.

3, Employees whose average doily

0 8 0

0 4 0

0 12 0 -wages ore Rs, 18 0 and above but below Rs. 2.

0 6 0

0 12 0

1 2 0 4. Employees whose average dolly wages are Bs. 2 ond above but below Rs. 3.

0 8 0

10 0

1 8 0 0. Employees whose average dwly wages are Ra. 3 and above but below Ra. 4.

0 11 0

1 6 0

2 10 6. Employees whose average doily wages are Rs. 4 and above but below Be. 0.

0 15 0

1 U 0

2 13 0 7. Employees whose average daily wages ure Rs, 6 and above but below BB, 8.

8. Employees whose average daily

14 0

2 8 0

8 12 0 wages are Rs. 8 and above.

SCHEDULE II

(See sections 49, 51, 52 and 63)

Sickness Benefit and Disablement and Dependants' Benefits.

1. The average daily wapes of an employee in each of the f^roups specified In the first column of the table below shall, for the purpose of calculating the aickness benefit and disablement and dependants' benefits be assumed to be the rate specified in the corresponding entry in the second column thereof.

TABLE

Group of employees

Averig assum xi dally

wat;fls

1

o

BH. A, P.

. Employees whoee av^rafff dnlly wages ara below Re. 1 . '. Employeoo who^e average dally wagon are UP. 1 and above, but

1 14 0 14 0 below BB. ] 8 0.

Employees whose average dnily wagfta ftre Ra. 1 8 0 ti i '

1 12 0 above, but b''low Rs, 2,

Employed whonn averago daily wages aro Ra. L' and abi>vt\

£ 8 0 but below RH. 3.

lUmpluyeea WJIOHP average daily wages are B°. 3 and ahov,

3 8 0 but bslow Rw. 4.

Employe"" whone iweragfl daily wages are Bs. 4 and abovo,

5 0 0 but below RB. 6.

2. The daily rate of sickness benefit during any benefit period shall be an "inount equivalent to one-half of the sum of the assumed average daily wag*"g as aforesaid for each of the weeks for which contributions were paid in respect of the person during the corresponding contribution period, divided by th" -number of weeks in that contribution period in which he was deemed to have been available for employment within the meaning of section 48; 'provided that where the amount of the benefit BO calculated includes a frao- jiion of an anna, it shall be rounded to the next higher anna. The calculation indicated above is illustrated by the following examples: —

Example 1.—If the assumed average daily wages of the person ai an employee were Ka. 1/4/- a day for 10 weeks, Es. \jVlj- a day for 10 weeks and Ks. 12/8/- a day for Q weeks, tho average of the assumed daily wagefl for the purpose of the rate of siokness benefit will be: —

10 X 20 + 10 x 28 + 6 x 40 18

.___ . . . . . . _ 27 ,

20 26

The daily rate of sickness benefit payable in the benefit period will then be

"* — annas, rounded to the noxt higher anna, namely, 14 annuB.

Example i'.—If tho person was deemed to have been not available for • employment for 11 weeks in any contribution period and was employed as an employe i'or only .12 weeks in thnt contribution period, his assumed average daily wa'ees being !tfs. 3/4/- for the 12 weeks, the average of the assumed "dfti]y wages for the purpose of the rate of sickness benefit will' be: —

12 x 20

—— = 20 ftnnaa. (26 — 14)

The daily rate of sickness benefit payable in the benefit period will then bei 10 annas.

Example 3,—Tf the person was deemed to hnve been not available for •emplovnjfnt for 4 xvneks in HJIV contribution period and was employed as an employee for enly 20 wpekg (he hnvirif,' been without any employment for 2 weeks) in tluit contiibution period, his assumed overage d-iily wn^es being, Es. 1/12/- for 20 weeks, the nverage of the daily wupes for the purpose of the rate of sickness benefit will be:—•

20 x 28 5

_ —— —- = 28— annas.

(26 - 4) 11

The daily rate of Rickness benefit payable in the benefit year will then be

"12 JLanmiH. rounded to the next higher anna, namely, 18 annas.

11 3. Disablement and dependants' benefit shall be an amount equi- valent lo ine-hiilf of llifi fiiirn of the. aKRiimpd nvernge dnily wages for >eaoh of thfi weeks for which contributions werp paid in respect of the emplovee duriug the period of fifty-two weekn immediately preceding the week in which the employment iniurv ocouru. divided by the number of weeks for which contri- butions were fio paid' provided that whero the amount of the benefit eo cal- culated includes a fraction of an anna, it shall be rounded to the next higher anna. The calculation indicated above ia illustrated by the following •examples: —

Example 1 .•—If the assumed average daily wages of nn employee were "14 annas a day for 20 weeks, Es. 1-4-0 a day for 20 weeks and Be. 1-12-0 a day

for 12 weeks, the average of the assumed daily wages for the purposa ol 4iBablernent and dependants' benefit will be: —

20 x 14 + 20 X 20 + 12 x 28 28

. ^ ^^ , . " -, iQ—. aniiajj.

fi2 62

on

The disablement or dependants' benefit will then be 9" annas, rounded ix> the next higher anna,, namely, 10 annas a day.

Example 5.—If the employee worked only for 84 weeks in the period of 62 weeks preceding the week in which the employment injury occurs and hi" -assumed average daily wages were 14 annas a day for 20 weeks and Ha. 1-4-0 ior 14 weeks, the avenge of the assumed daily wages for the purpose of di*. .•ablement and dependants' benefit will be:—

20 x 14 + 14 x 20 16 ——i—'—— • = 16— anna" .

34 34

The disablement or dependants' benefit will be 8^ annas, rounded to the next higher anna, namely, 9 annas a day.

The disablement Or dependants' benefits calculated a" aforesaid "fa* 'be nailed the full rate

(0 to the insured person—

{6 P C r i°d °f SUCh disaklement"

(b) for permanent partial disablement, at a percentage of the full rat*

^ ^ m ^ ^ : Z \^ *" W^— ^mpensat.n AS (c) for permanent total disablement, at the full rate for life;

(d) in caseB of disablement not covered by clauses (a), (b) and (c) above as may be provided in the regulations. W

totnrec-fiHlia of the full mfe and, if t W- arp two or more widows

Z^^S^^^^ - ^-iJ ^"b* ^d

(C)to t w o V Z ^ TS Tu'ATT8

S i V o ' / ^ r c i s r i rs on -i m^- °°M™- •*"*">" ""•"

Provided further that if the total of the dependent's benefits distributed among the widow or widows and legitimate ohildren of the deceased person a" aforesaid exceeds the full rate, the share of each of the dependants shall be proportionately reduced, so that the total amount payable to them does not exoeed the amount of disablement benefit at the full rate.

5. In oaae the deceased person does not leave a widow or legitimate child, dependants' benefit at such rates as may be determined by the Commissioner appointed under the Workmen's Compensation Act, 1923 (VIII of lQ'JS), •hall be payable as follows:—

(a) to a parent or grand parent, for life;

(6) to any other male dependant, until he attains fifteen years of hge;

(c) to any other female dependant, until she attains fifteen years ot age or until marriage, whichever is earlier, or if widowed until: ahe attains fifteen years of age.

K. V. K. 8UNDARAM,

Secy, to the Oovt, of India.

PXTRLIHHII) BY THE MANAGER OF ' PijBLICATIONH. DELHI, I V I H*

PuKTKn IT THM MANAOKR GOVEKNMKNT or INDIA PRESB, N EW DELHI, rNDt*