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REGISTERED NO. D, 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 54] NEW DELHI, MONDAY, DECEMBER 12, 1966/Agrahayana 21,1888

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW (Legislative Department) NEW Delhi, the 12th December, 1966/Agrahayana, 21, 1888 (Saka)

The following Act of Parliament received the assent of the President on the 11th December, 1966, and is hereby published for general information: —

THE EMPLOYEES' STATE INSURANCE (AMENDMENT) ACT, I 9 66 No. 44 of 1966

[11th December, 1966]

An Act further to amend the Employees' State Insurance Act, 1948.

BE It enacted by Parliament in the Seventeenth Year of the Republic of India as follows: —

1. (1) This Act may be called 1he Employees' State Insurance (Amendment) Act, 1966

Short title, com- mence- ment and applica- tion, (2) It shall come into force on such date as the Centra] Govern- ment may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States or for different parts thereof.

(577)

34 of 1948.

(3) When the provisions of this Act amending the provisions of the Employees' State Insurance Act, 1948 (hereinafter referred to as the principal Act) relating to sickness and maternity benefits come into force in any State or any part of a State, then, those provisions of the principal Act as amended by this Act shall apply to any employee in that State or part only on (and not before) the expiry of the contribution period of such employee in force on the date of the coming into force of the said provisions of this Act.

2. In section 2 of the principal Act,—

Amend- ment of section 2.

(7) after clause (6), the following clause shall be Inserted, namely: —

'(6A) "dependant" means any of the following rela- tives of a deceased insured person, namely: —

({) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter or a widowed mother; and

(ii) if wholly dependent on the earnings of the Insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of eighteen years and is infirm;

(Hi) if wholly or in part dependent on the earning;

of the insured person at the time of his death,—

(a) a parent other than a widowed mother, (b) a minor illegitimate son, an unmarriec illegitimate daughter or a daughter legitimate " adopted or illegitimate if married and a minor o: if widowed and a minor,

(c) a minor brother or an unmarried sister o:

a widowed sister if a minor,

(d) a widowed daughter-in-law,

(e) a minor child of a pre-deceased son,

(f) a minor child of a pre-deceased daughte

where no parent of the child is alive, or

(g) a paternal grand-parent if no parent of th

insured person is alive;';

(2) for clause (8), the following clause shall be substituted namely: —

'(8) "employment injury" means a personal injury 1 an employee caused by accident or an occupational djseas

arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial Limits of India;';

(3) in clause (9),—

(a) for the words "but does not include—", the follow- ing words shall be substituted, namely: —

"and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment; but idoes not include—";

(b) for sub-clause (b), the following sub-clause shall be substituted, namely: —

" (b) any person so employed whose wages (exclud- ing remuneration for overtime work) exceed five hundred rupees a month:

Provided that an employee whose wages (excluding remuneration for overtime work) exceed five hundred rupees a month at any time after (and not before) the beginning of the contribution period, shall continue to be an employee until the end of that period;";

(4) in clause (12), the words "where the insured person is a male," shall be omitted;

(5) in clause (12),—

(a) in the first paragraph,—

(i) for the words "are working or were, working", the words "are employed or were employed for wages" shall be substituted;

4 of 1923. 35 of 1952.

(ii) for the words and figures "Indian Mines Act, 1923", the words and figures "Mines Act, 1952" shall be substituted; (b) in the second paragraph, the following shall be added at the end, namely: —

"and includes a factory which is engaged for a period not exceeding seven months in a year—

(a) in any process of blending, packing or re- packing of tea or coffee; or

(b) in such other manufacturing process as the Central Government may, by notification in the Official Gazette, specify";

(6) after clause (13), the following clause shall be inserted, namely: —

'(13A) "insurable employment" means an employment in a factory or establishment to which this Act applies;';

(7) after clause (74), the following clauses shall be inser- ted, namely: —

'(14A) "managing agent" means any person appointed or acting as the representative of another person for the purpose of carrying on such other person's trade or business, but does not include an individual manager subordinate to an employer;

40 of I860.

(14B) "mis-carriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any mis-carriage, the causing of which is punishable under the Indian Penal Code;';

(8) after clause (75), the following clauses shall be insert- ed, namely: —

' (75A) "permanent partial disablement" means such disablement of a permanent nature, as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement:

Provided that every injury specified in Part II of the Second Schedule shall be deemed to result in permanent partial disablement;

(75B) "permanent total disablement" means such dis- ablement of a permanent nature as incapacitates an em- ployee for all work which he was capable of performing at the time of the accident resulting in such disablement:

Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of the Second Schedule or from any combination of injuries

specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent, or more;';

(9) in clause (21), for the word "work" occurring at the end, the words "doing the work which he was doing prior to or at the time of the injury" shall be substituted;

(10) in clause (22), after the words "and includes", the words "any payment to an employee in respect of any period of authorised leave, lock-out, strike which is not illegal or lay- off and" shall be inserted;

(11) for clause (24), the following clause shall be substi- tuted, namely: —

14 011947,

"(24) all other words and expressions used but no1 denned in this Act and defined in the Industrial Disputes Act, 1947, shall have the meanings respectively assigned tc them in that Act.".

3. In Chapter I of the principal Act, after section 2, the follow ing section shall be inserted, namely: —

" 2A. Every factory or establishment to which this Ac applies shall be registered within such time and in such manne as may be specified in the regulations made in this behalf.".

Insertion of new section 2A. Registra- tion of factories and estab- lishments.

4. In section 4 of the principal Act,—

(a) for clauses (a) and (b), the following clauses shall b

Amend- ment of section 4.

substituted, namely: —

"(a) a Chairman to be nominated by the Central Gov ernment;

(b) a Vicp-ChjimiQii to be nominated by the Centn Government;";

(b) in clause (c), the words "of whom at least three shf> be officials of the Central Government" shall be omitted;

(c) in clause (h), the word "and" occurring at the en shall be omitted;

(d) for clause (i), the following clauses shall be subst;

tuted, namely: —

" (i) three members of Parliament of whom two sha be members of the House of the People (Lok Sabha) an

one shall be a member of the Council of States (Rajya Sabha) elected respectively by the members of the House of the People and the members of the Council of States; and

(j) the Director General of the Corporation, ex officio.".

5. In section 5 of the principal Act,—

Amend- ment of section 5,

(a) in sub-section (1), for the words, brackets, letters and figure "the ex officio members and members referred to in clauses (c), (d) and (e) of section 4,", the words, brackets, letters and figure "the members referred to in clauses (a), (b), (c), (d) and (e) of section 4 and the ex-ofiicio member," shall be substituted;

(b) in sub-section (2), for the brackets, letters and word "(c), (d) and (e)", the brackets, letters and word "(a), (b), (c), (d) and (e)" shall be substituted.

6. For section 7 of the principal Act, the following section shall be substituted, namely: —

Substitu- tion of n ew section for section 7.

Authenti- cation of orders, decisions, etc.

"7. All orders and decisions of the Corporation shall be au- thenticated by the signature of the Director General of the Cor- poration and all other instruments issued by the Corporation shall be authenticated by the signature of the Director General or such other officer of the Corporation as may be authorised by him.".

7. In section 8 of the principal Act,—

Amend- ment of section 8.

(a) in clause (b), for the words "being officials of the Central Government, nominated by that Government", the words "nominated by the Central Government" shall be substi- tuted;

(b) in clause (c),—

(i) for the word "six", the word "eight" shall be sub- stituted;

(ii) in sub-clauses (u) and (in), for the word "two" the word "three" shall be substituted; (c) after clause (c), the following clause shall be inserted, namely: —

"(d) the Director General of the Corporation, ex ofiicio,".

8. In section 10 of the principal Act, to sub-section (2), the fol- A

lowing proviso shall be added, namely:—

Amend- ment of n section 10.

"Provided that a member of the Medical Benefit Council shall, notwithstanding the expiry of the said period of four years continue to hold office until the nomination of his suc- cessor is notified.".

9. In section 12 of the principal Act, after sub-section (2), the p

following sub-section shall be inserted, namely: —

Amend- ment of section 12.

"(3) A person referred to in clause (i) of section 4 shall cease to be a member of the Corporation when he ceases to be a member of Parliament.".

10. In section 16 of the principal Act, in sub-section (3), after the ^

Amend- ment of section 1(5.

words "the- Central Government", the words "and of the Corpora- r tion" shall be inserted.

11. In section 17 of the principal Act,— ^ (a) in sub-section (3), for the words "posts carrying a s

Amend- ment of section 17.

maximum monthly pay of five hundred rupees and above", the words and figures "posts corresponding to Class I or Class II posts under the Central Government" shall be substituted;

(b) after sub-section (3), the following sub-section shall

be inserted, namely:—-

"(4) If any question arises whether a post corresponds to a Class I or Class IT post under the Central Govern- ment, the question shall bo referred to that Government whose decision thereon shall be flnnl.".

12. Sections 27 and 31 of the principal Act shall be omitted. '

I

i

Omission of sections 27 and 31.

13. In section 36 of the principal Act, after the words "the audited Amend- ment of section 36.

accounts of the Corporation", the words and figures "together with • the auditor's report thereon under section 34" shall be inserted.

14. In section 41 of the principal Act, the Explanation occurring

at the end shall be omitted.

Amend- ment of section 41.

15. In section 42 of the principal Act,-—

(a) In sub-section (1), for the words "one rupee",

Amend- ment of section 42.

the words "one rupee and fifty paise" shall be substituted;

(b) in sub-section (2), for the words "during the whole or part of which an employee is employed" occurring at the end, the words "in respect of the whole or part of which wage?

arc payable to the employee and not otherwise", <-hall be substi- tuted;

(c) sub-sections (4) and (5) shall be omitted,

16. Tn section 43 of the principal Act, after clause (b), the fol- Amendment of section 43-

owing clause shall be inserted, namely:-—

"(bb) the date by which evidence of contributions having

been paid is to be received by the Corporation;".

17. In Chapter IV of the principal Act, after section 45, the

⁷ollowing sections shall be inserted, namely: —

Insertion of now sections 45A and 45B.

Determina- tion of contribu- tions in certain cases.

"45A. (1) Where in respect of a factory or establishment no returns, particulars, registers or records arc submitted, furnished or maintained in accordance with thr provisions of section 44 or any Inspector or other official of the Corpora- tion referred to in sub-section (2) of section 45 is obstructed by the principal or immediate employer or any other person, in exercising his functions or discharging his duties under sec- tion 45, the Corporation may, on the basis of information avail- able to it, by order, determine the amount of contributions payable in respect of the employees of that factory or establish- ment.

(2) An order made by the Corporation under .sub-section (I) shall be sufficient proof of the claim of the Corporation under section 75 or for recovery of the amount determined by such order as an arrear of land revenue under section 45B.

45B. Any contribution payable under this Act may be

recovered as an arrear of land revenue.".

Recovery of contri- butions.

IS, In section 4fi of the principal Act, in sub-section (J),—

Amend- ment of section 46.

(a) for the words "or, as the case may be, their dependants", the words "their dependants or the persons hereinafter men- tioned, as the case may be," shall be substituted;

(b) in clause (a), after the words "medical practitioner"

the following word^ shall bo inserted, namely:—-

"or by an\ other person possessing such qualifications and experience as the Corporation may, by regulations, specify in this behalf";

(c) for clause (b), the following'clause shall be substituted, namely: —

"(b) periodical payments to an, insured woman in case of confinement or mis-carriage or sickness arising out of pregnancy, confinement, premature birth of child or mis- carriage, such woman being certified to bii eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit);"; (d) in clause (d), the word "nnd" occurring at the end shall be omitted;

(e) in clause (e), the word '"and" shall be inserted sit. the end and after that clause, the following clause shall be inserted, namely: —

"(/) payment to the eldest surviving.member of the family of an insured person who has died, towards the expenditure on the funeral of the deceased insured person, or, where the insured person did not have a family or was not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral of the deceased insured person fto be known a^ funeral benefit):

Provided that the amount of such payment shall not exceed one hundred rupees.and the claim for such payment shall be made within three months of the death of the insured person or within such extended period as the Cor- poration or any officer or authority authorised by it in this behalf may allow,".

19. For section 47 of the principal Act. the following section shall bp substituted, namely: —

Substitu- tion ol new sec, tlon for section 47.

"47. A person shall be qualified to claim sickness benefit for sickness occurring during any benefit period, if during the corresponding contribution period, weekly Contributions in respect of him were payable for not less than thirteen weeks:

When person eligible for slck- nesy benf fit Provided that a person shall be qualified to claim sickness benefit for sickness occurring during the first benefit period, if during the corresponding contribution period weekly contribu- tions in respect of him were payable for not less than half the number of weeks of that contribution period, ending in that period.".

907 G of I Ex—2.

20. Section 48 of the principal Act shall be omitted.

Omission of section 48

21 In section 49 of the principal Act,—

(a) for the words "Second Schedule", the words "First Amend- ment ot SPI tion 49

Schedule" shall be substituted;

(b) In the first proviso, for the words "for an initial waiting period of two days", the words "for the first two days of sick- ness" shall be substituted;

(c) for the second proviso, the following proviso shall be substituted, namely: —

"Provided further that sickness benefit shall not be paid to any person for more than fifty-six days in any two conse- cutive benefit periods.".

22 In section 50 of the principal Act,—

(a) in sub-section (2).—

Amend- ment of section 50

(i) for the words and figures "two-thirds of the number of weeks during which she shall be deemed to have been available for employment within the meaning of section 48, subject to a minimum of twelve contributions", the words "thirteen weeks" shall be substituted;

(ii) for the proviso, the following proviso shall be sub- stituted, namely:—

"Provided that an insured woman shall be qualified to claim maternity benefit for a confinement occurring or expected to occur during the first benefit period, if during the corresponding contribution period weekly contributions In respect of her were payable for not less than half the number of weeks of that contribution period ending in that period.";

(b) In sub-section (2),—

(i) for the word, brackets and figure "sub-section (3)", the words "the First Schedule" shall be substituted;

{ii) the following proviso shall be inserted at the end, namely: —

"Provided that where the insured woman dies dur- ing her confinement or during the period of six weeks immediately following her confinement for which she i* entitled to maternity benefit, leaving behind in either

case the child, maternity benefit shall be paid for th whole of that period but if the child also dies durlnj the said period, then, for the days up to and includinj the day of the death of the child, to the person nomi nated by the Insured woman in such manner as ma; be specified in the regulations and if there is no sucl nominee to her legal representative.";

(c) for sub-section (3), tho following sub-sections =hall b< substituted, namely: —

"(3) An insured woman who is qualified to clain maternity benefit in accordance with sub-section (2) shall in case of mis-carriage, be entitled, on production of sucl proof as may be required under the regulations, to mater nity benefit at the rates specified in the First Schedule fm all days on which she does not work for remuneration dur- ing a period of six weeks immediately following tho datt of her mis-carriage.

(4) An insured woman who is qualified to claim mater nity benefit in accordance with sub-section (7), in case ol sickness arising out of pregnancy, confinement, premature birth of child or mis-carriage shall, on production of such proof as may be required under the regulations, be entitled, in addition to the maternity benefit payable to her under any other provisions of this Act for all days on which she does not work for remuneration, to maternity benefit at the rates specified in the First Schedule for all days on which she does not work for remuneration during an additional period not exceeding one month.".

23. For section 51 of the principal Act, the following sections shall be substituted, namely:

Substitu- tion of new sec- tions lor aectlon 51

'51 Subject to thi' provisions, nl this Act and the regula- tion?, if any,—

Disable- ment benefit (a) a person who sustains temporary disablement for nut less than three days (excluding the day of accident) shall be entitled to periodical payment for the period of such disablement in accordance with the provisions of the First Schedule:

(b) a person who sustains permanent disablement, whether total or partial, shall be entitled to periodical

payment for such disablement in accordance with the pro- visions of the First Schedule:

Provided that where permanent disablement, whether total or partial, has been assessed provisionally for a limited period or finally, the benefit provided under this clause shall be payable for that limited period or, as the case may be, for life.

51A. For the purposes of this Act, an accident arising in the course of an insured person's employment shall be presumed, in the absence of evidence to the contrary, also to have arisen out of that employment.

Presump- tion as to accident arising in courst. of emp- loyment

Accidents happening while acting in breach "of regula- tions, etc

51B. An accident shall be deemed to arise out of and in the course of an insured person's employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting with- out instructions from his employer, if—

(a) the accident would have been deemed so to have arisen had the act not been done in contravention as afore- said or without instructions from his employer, as the casr may be; and

(b) the act is done for the purpose of and in connec-

tion with the employer's trade or business.

51C. (i) An accident happening while an insured person is, with the express or implied permission of his employer, tra- velling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if—

Accidents happening while travelling in emp- loyer's transport.

(a) the accident would have been deemed so to have

arisen had he been under such obligation; and

(b) at the time of the accident, the vehicle—

(i) is being operated by or on behalf of his em- ployer or some other person by whom it is provided in

pursuance of arrangements made with his employer, and

(Ii) is not being operated in the ordinary course of public transport service.

(2) In this section "vehicle" includes a vessel and an air- craft.

51D. An accident happening to an insured person in 01 Accidents happen- ing while meeting emer- gency.

about any premises at which he is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect per- sons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.'.

24. For section 52 of the principal Act, the following sections .hall be substituted, namely: —

Substitu- tion of new sec- tions for section B2

Depen- benelit '52. (7) If an insured person dies as a result of an employ- ment injury sustained as an employee under this Act (whether or not he was In receipt of any periodical payment for tem- porary disablement in respect of the injury) dependants' be- nefit shall be payable in accordance with the provisions of the First Schedule to his dependants specified in sub-clause (i) and sub-clause (ii) of clause (671) of section 2.

(2) In case the insured person dies without leaving behind him the dependants as aforesaid, the dependants' benefit shall be paid to the other dependants of the deceased in accordance with the provisions of the First Schedule.

Occupa- tional disease 52A. (i) If an employee employed in any employment spe- cified in Part A of the Third Schedule contracts any disease specified therein as an occupational disease peculiar to that em- ployment, or if an employee employed in the employment spe- cified in Part B of that Schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in Part C of that Schedule for such continuous period as the Corporation may specify in respect of each such employment, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an "employment injury" arising out of and in the course of employment.

8 of 1023 (d) (t) Where the Centra] Government or a State Govern- ment, as the case may be, adds any description of employment tc the employments specified in Schedule III to the Workmen's Compensation Act, 1923, by virtue of the powers vested in 11 under sub-section (3) of section 3 of the said Act, the said des- cription of employment and the occupational diseases specified under that sub-section as peculiar to that description of employ- ment shall be deemed to form part of tho Third Schedule.

(ii) Without prejudice to the provisions of clause (i). the Corporation after giving, by notification in the Official Gazette, not less than three months' notice of its intention so to do, may, by a like notification, add any description of employment to the employments specified in the Third Schedule and shall specify in the case of employments so added the diseases which shall be deemed for the purposes of this section to be occupational dis- eases peculiar to those employments respectively and thereupon the provisions of this Act shall apply, as if such diseases had been declared by this Act to be occupational diseases peculiar to those employments,

(3) Save as provided by sub-sections (1) and (2), no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by acci- dent arising out of and in the course.¹ of hi\s employment.

(4) The provisions ol section 51A shall not apply to the

cases to which this section applies.'.

25. For section 53 of the principal Act, the following section shall

be substituted, namely: —

Substitu- tion of new sec- tion for section 53

8 of 19J3 "53. An insured person or his dependants shall nut be entitl- ed to receive or recover, whether from the employer of the in- sured person or from any other person, any compensation or damages under the Workmen's Compen?ation Act, 1923, or any other law for the time being in force or otherwise, in respect of an employment injury sustained hy the- insured person as un employee under this Act,''.

Bar against receiving or re- covery of compensa- tion or damages under any other law

26. For section 54 of the principal Act, the following sections shall

be substituted, namely: —

Substitu- tion of new sec- tion for section 54

'54. Any question—

(a) whether the relevant accident has resulted in per-

manent disablement; or

Determi- nation of question oJ disable- ment.

(b) whether the extent of loss of earning capacity can

be assessed provisionally or finally; or

(c) whether the assessment of the proportion of the loss

of earning capacity is provisional or final; or

(d) in the case of provisional assessment, as to the

period for which such assessment shall hold good,

shall be determined by a medical board constituted in accord- ance with the provisions of the regulations and any such ques- tion shall hereafter be referred to as the "disablement question".

54A. (/) The case of any insured person for permanent dis- ablement benefit shall be referred by the Corporation to a medi- cal board for determination of the disablement question and if, on that or any subsequent reference, the extent of loss of earning capacity of the insured person is provisionally assessed, it shall again be so referred to the medical board not later than the end of the period taken into account by the provisional assessment.

References to medical boards and appeals to medical appeal tribunals and Em- ployees' Insurance Courts.

(2) If the insured person or the Corporation is not satisfied with the decision of the medical board, the insured person or the Corporation may appeal in the prescribed manner and within the prescribed time to—

(i) the medicPl appeal tribunal constituted in accord- ance with the provisions of the regulations with a further right of appeal in the prescribed manner and within the prescribed time to the Employees' Insurance Court, or

(ii) the Employees' Insurance Court directly.'.

27. For section 55 of the principal Act, the following sections

shall be substituted, namely:-—

Substitu- tion of new sec- tions for section 56

Review of decisions "55. (1) Any decision under this Act of a medical board or a medical appeal tribunal may be reviewed at any time by the

by ITKKH-

cal board ormedfc.n appeal tribunal

medical board or the medical appeal tribunal, as the case may be, if it is satisfied by frosh evidence that the decision was given in consequence of the ncn-disclosure or misrepresentation by the employee or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent)

(2) Any assessment of the extent of the disablement result- ing from the relevant employment injury may also be reviewed by a medical board, if it is satisfied that since the making of the assessment there has been a substantial and unforeseen aggra- vation of the results of the relevant injury:

Provided that an assessment shall not be reviewed under thi., sub-section unless the medical board is of opinion that having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, substantial injustice will be done by not reviewing it.

(3) Except with the leave of a medical appeal tribunal, an assessment shall not be reviewed under sub-section (2) on any application made less than five years, or in the case of a provi- sional assessment, six months, from the date thereof and on such a review the period to be taken into account by any revised assessment shall nnt include any period before thi^ date of thf application.

(4) Subject to the foregoing provisions of this section, a me- dical board may deal with a case of review in any manner in which it could deal with it on an original reference to it, and in particular may make a provisional assessment notwithstanding that the assessment under review was final; and the provisions of section 54A shall apply to an application for review under this section and to a decision of a medical board in connection with such application as they apply to a case for disablement benefi¹ under that section and to a decision of Hie medical hi arc! in \_-< n- nection with such case.

Review ui depen- dants' benefit

S5A. (/) Any decision awarding dependants' benefit under this Act may be reviewed at any time by the Corporation if it is satisfied by fresh evidence that the decision was given in con- sequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether 1he non-disclo- sure or misrepresentation was or was not fraudulent) or that the decision is no longer in accordance with this Act due to any birth or death or due to the marriage, re-marriage or cessor of in- firmity of, or attainment of the age of eighteen years bv, a claim- ant.

(2) Subject to (ho provision? of this Act, the Corporation may, on such levie-w as aloresaid, direct that the dependants' benefit be continued, increased, reduced or discontinued.".

28. After section 59 of Ihe principal Act, the following section

shall be inserted, namely: —

Insertion of new- section 59A.

Provision of medical benefit by the Cor- poration in lieu of State Govern- ment.

"59A. (7) Notwithstanding anything contained in any other provision of this Act, the Corporation may, in consultation with Lhe Stale Government, undertake the responsibility for provid- ing medical benefit to insured persons and where such medical benefit is extended to their families, to the families of such in- sured persons in the State subject to the condition that the State Government shall share the cost of such medical benefit in such proportion as may be agreed upon between the State Govern- ment and the Corporation.

(2) In the event of the Corporation exercising its power under sub-section (1), the provisions relating to medical benefit under this Act shall apply, so far as may be, as if a reference therein to the State Government were a reference to the Corpo- ration.".

29. Sections (56 and 67 o( the principal Act shall be. omitted. Omission of sec- tions 66 and 67.

,'JO. In section 71 of the principal Act, for the words "If a person Amend- ment of section 71.

dies", the words, brackets and figures "Except as provided in the pro- viso to subjection (2) of section f>0, if a person dies" shall be sub- stituted.

31, Section 73H of (he principal Act shall be omitted.

Omission of section 73H.

32. In section 75 of the principal Act,—

(a) in sub-section (/).—

Amend- ment of section 75.

(i) for clause (ce), the following clause shall be substi-

tuted, namely: —

" (eo?) any direction issued by the Corporatior under section 55A on a review of any payment of de- pendants' benefits, or";

(ii) clause (f) shall be omitted;

907 G of I Ex—3.

(in) in clause (g), the following words shall be inser- ted at the end, namely: —

"or any other matter required to be or which may be decided by the Employees' Insurance Court under this Act";

(iv) after the words "such question or dispute", the words, brackets, figure and letter "subject to the provisions of sub-section (2A)" shall be inserted;

(b) in sub-section (2),—

(i) for the words "The following claims", the words, brackets, figure and letter "Subject to the provisions of sub- section (2A), the following claims" shall be substituted;

(ii) clause (c) shall be omitted;

(c) after sub-section (2), the following sub-section shall be inserted, namely: —

"(2A) If in any proceedings before the Employees' Insurance Court a disablement question arises and the deci- sion dt a medical board or a medical appeal tribunal has not been obtained on the same and the decision of such question is necessary for the determination of the claim or question before the Employees' Insurance Court, that Court shall direct the Corporation to have the question decided by this Act and shall thereafter proceed with the determina- tion of the claim or question before it in accordance with the decision of the medical board or the medical appeal tribunal, as the case may be, except where an appeal has been filed before the Employees' Insurance Court under sub-section (2) of section 54A in which case the Employees' Insurance Court may itself determine all the issues arising before it-";

(d) in sub-section (3), for the words "the Employees' In- surance Court", the words "a medical board, or by a medical appeal tribunal or by the Employees' Insurance Court" shall be substituted.

33. In section 77 of the principal Act, after sub-section (/), the following sub-section shall be inserted, namely: —

=cction77.

"(/A) Every such application shall be made within a period of three years from the date on which the cause of action arose.

Explanation.—For the purpose of this sub-section,— -

(a) the csuKe of action in respect of a claim for benefit

shall not be deemed to arise unless the insured person or in the case of dependants' benefit, the dependants of the insured person claims or claim that benefit in accordance with the regulations made in that behalf within a period of twelve months after the claim became due or within such further period as the Employees' Insurance Court may allow on grounds which appear to it to be reasonable;

(b) the cause of action in respect of a claim by the Cor- poration for recovering contributions from the principal employer or a claim by the principal employer for recover- ing contributions Irom an immediate employer shall not be deemed to arise till the date by which the evidence of con- tributions having been paid is due 1o hv received by the Corporation under the regulations.".

34. Section 80 of the principal Act shall be omitted.

Omission of sec- tion 80.

Amend- ment of section 86.

35. In section 86 of the principal Act, in sub-section (7), for the words "Central Government", the words "Director General of the Corporation" shall be substituted.

36. In section 90 of the principal Act,—

Amend- ment of section 90.

(a) after the words "The appropriate Government may,", the words "after consultation with the Corporation," shall be inserted;

(b) after the words "local authority", the words "from the

operation of this Act" shall be inserted.

37. After section 91 of the principal Act, the following section

shall be inserted, namely: —

Insertion of new section 91A.

"91A. Any notification granting exemption under section 87, section 88, section 90 or section 91 may be issued so as to take effect either prospectively or retrospectively on such date as may be specified therein.".

Exemp- tions to be either prospec- tive or retrospec- tive.

38 In section 95 of the principal Act,—

Amend- ment of section 95.

(a) in sub-section (1), after the words "the Central Gov- ernment may,", the words "after consultation with the Corpo- ration and" shall be inserted:

(b) in sub-section (2), alter clause (e), the following clause shall be inserted, namely:—

" (ee) the manner in which and the time within which appeals may be filed to medical appeal tribunals or Emp- loyees' Insurance Courts;";

(c) after sub-section (3), the following sub-section t,hal] be inserted, namely: —

" (4) Every rule made under this section shall bo laid, as soon as may bo after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and it, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be nf nn effect, as the case may be; so however, that any such modification or annulment shall be without prejudice +o the validity of anything previously done under that rule.".

Amend- ment of section 96.

39. In section 9& of the principal Act, in sub-section (7), after the words "The State Government may,", the words "aftci consulta- tion with the Corporation and" bhall be inserted.

40. In section 97 of the principal Act, in sub-section (2),—

Amend- ment of lection 07.

(a) after clause (i), the following clause shall be inserted, namely:-—

"(?n) the time within which and the manner in which a factory or establishment shall be registered;";

(o) after clause (Hi), the following clause shall be inserted, namely: —

"("i") the levy of interest at a rate not exceeding six per cent, per annum on contributions due but not paid;";

(c) for clause (vi), the following clause shall be substitu- ted, namely:—

" (vl) ihf method of determining whclhei an insured JHTSOII is HuITorinrr from one or more of the diseases spp- H fieri in l.hc Third Schedule:":

(d) in clause (imi), for the words "and the form 11 which", the words "and the form and manner in which" shal bo substituted;

(c) after clause (xii), the following clauses shall be inser ted, namely: —

"(xua) specifying the authority competent to giv< certificate of eligibility for maternity benefit;

(xiib) the manner of nomination by an insured womai for payment of maternity benefit in case of her or her child'; death;

(xiic) the production of proof in support of claim fo] maternity benefit or additional maternity benefit;";

(f) after clause (.nri). the following clauses shall be inser ted, namely: —

" (xvia) the qualifications and experience which a persor should possess for giving certificate of sickness;

(xvib) the constitution of medical boards and mc-dica appeal tribunals;".

41. After section 99 of the principal Act, the following spctior shall be inserted, namely: —

Insertion of now sec- tion nPA.

Power to remove difficulties "99A. (1) If any Ufficulty arises in giving effect to the pro visions of this Act, the Central Government may, by order pub lished in the Official Gazette, make such provisions or give sucl directions, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing thi difficulty.

(2) Any order made under this section shall have effeci notwithstanding anything inconsistent therewith in any rule* or regulations made under this Act.".

42. For Schedules I and II of the principal Act, the following Schedules shall be substituted, namely: —

'THE FTRST SCHEDULE

Substitu- tion of new Schedules for Schedules I and II.

(Sec sections 39, 49, 50, 51 and 52)

1, The amount of weekly contribution payable in a contribu- tion period in respect of an employee shall be calculated with

reference to the average daily wages during the first wage period in respect of that employee ending in such contribution period:

Provided that where an employee changes his employment during the currency of the contribution period, contributions in respect of him shall continue to be calculated during the said contribution period at the rate at which they were being paid in the first employment except when the employee does not dis- close the earlier employment to the second or subsequent em- ployer in which case they may be calculated with reference to the average daily wages during the first wage period in the latter employment.

2. The average daily wages shall be—

(a) in respect of an employee who is employed on time-rate basis, the amount of wages which would have been payable to him for the complete wage period had he worked on all the working days in that wage period, divided by 26 if he is monthly rated, 13 if he is fortnightly rated, 6 if he is weekly rated and 1 if he is daily rated;

(b) in respect of an employee employed on any other basis, the amount of wages earned during the first complete wage period in the contribution period divided by the num- ber of days in full or part for which he worked for wages In that wage period:

Provided that where an employee receives wages without working on any day during such wage period, he shall be deem- ed to have worked for 26, 13, 6 or 1 days or day if the wage period be a month, a fortnight, a week or a day respectively.

Explanation I.—Where any night shift continues beyond midnight, the period of the night shift after midnight shall be counted for reckoning the days worked as part of the day pre- ceding.

Explanation II.—"Wage period" means the period in respect of which wages are ordinarily payable whether in terms of the contract of employment, express or implied or otherwise.

3. (a) For the purpose of fixing the amount of weekly contribution payable, employees shall be divided into nine groups on the basis of their average daily wages ascertained in the manner specified in paragraph 2.

(b) The employee's contribution and employer's contribu- tion payable in respect of the group of employees specified in the first column of the Table below shall be at the rates respectively specified in the corresponding entries in the second and third columns thereof.

(c) The daily rate of benefit (hereinafter referred to as the "standard benefit rate") in respect of the group of employees specified in the first column of the Table below shall be the amount respectively specified in the corresponding entry in the fifth column thereof:

Provided that where a person has been in more than one of the groups as specified in the first column of the said Table during a contribution period, the standard benefit rate in respect of him shall be the amount specified in the fifth column corres- ponding to the lowest of such groups.

TABLE

Group of employees whose average

Employer's Total

daily wages are

Corres- ponding

Employees'

weekly con-

tribution

(recoverable

Weekly weekly contn- contri- bution button

from

employees)

daily standard benefit rate

(employee¹;, and employer's contri- bution)

2

3

5

4

1. Below Reji

Nil.

45

45

45

2. Re. 1 and above but below

Nil.

Rs. 1-50 .

45

45

65

Rs, 1-50 and above bur below

3-

Rs. 2

50

90

25

75

80

40

1 20

RH. 2 and above but below Rs. 3

130 4-

1 00

150

Rs. 3 and above but below Rs. 4

50

175

140

70

Rs. 4 and above but below Rs. 6

2 10

2 50

190

Rs. 6 and above but below Rt>. 8

285

95

350

2 50

125

Rs. 8 and above but below Rs. 15

5 00 375Rs. 15 and above. 350 850 175 525 4. The daily rate of sickness benefit in respect of a person during any benefit period shall be the standard benefit rate

corresponding to the average daily wages of that person during the corresponding contribution period.

5. The daily rate of maternity benefit payable in respect nf confinement occurring or expected to occur during any benefit period, shall be equal to twice the standard benefit rate corres- ponding to the average daily wages in respect of the insured woman during the corresponding contribution period.

6. (a) The daily rate of disablement and dependants' benefit shall be the rate, twenty-five per cent, more than the standard benefit rate rounded to the next higher multiple of five paiso corresponding to the average daily wages in the contribution period corresponding to the benefit period in which the employ- ment injury occurs.

(b) Where an employment injury occurs before the com- mencement of the first benefit period in respect of a person, the daily rate of disablement and dependants' benefit shall be—

(i) where a person sustains employment injury after the expiry of the first wage period in the contribution period in which the injury occurs, the rate, twenty-five per cent, more than the standard benefit rate rounded to the next higher multiple of five paise corresponding to the wage group in which his average daily wages during that wage period fall;

(ii) where the person sustains employment injury be- fore the expiry of the first wage period in the contribution period in which the injury occurs, the rate, twenty-five per cent, more than the standard benefit rate, rounded to the next higher multiple of five paise corresponding to the group in which wages actually earned or which would have been earned had he worked for a full day on the date of accident, fall.

The disablement or dependants' benefit rate calculated as aforesaid shall be called the "full rate".

7. The disablement benefit shall be payable to the insured person as follows: —

(a) for temporary disablement, at the full rate;

(b) for permanent total disablement, at the full rate;

(c) for permanent partial disablement resulting from an injury specified in Part II of the Second Schedule, at

such percentage of the full rate which would have been payable in the case of permanent total disablement as is specified in the said Schedule as being the percentage of the loss of earning capacity caused by that injury;

(d) for permanent partial disablement resulting from an injury not specified in Part II of the Second Schedule, at such percentage of the full rate payable in the case of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury.

Explanation.—Where more injuries than one are caused by the same accident, the rate of benefit payable under clauses (c) and (d) shall be aggregated but not so in any case as to exceed the full rate;

(c) in cases of disablement not covered by clauses (a), (b), (c) and (d) at such rate not exceeding, the full rate, as may be provided in the regulations.

8. In the case of death of the insured person, the dependant-' brnofil shall bo payable to his widow and children ns follows:—-

(a) to the widow during life or until remarriage, an amount equivalent to three-fifths of the full rate and, if there are two or more widows, the amount payable to the widow as aforesaid shall bo divided equally between 1he widows;

(b) to each legitimate or adopted son, an amount equi- valent to two-fifths of the full rate until he atlains eighteen years of age:

Provided that in the case of a legitimate son who ifl infirm and who is wholly dependent on the earnings of the insured person at the time of his death, dependants' benefit shall continue to be paid while the infirmity lasts;

(c) to each legitimate or adopted unmarried daughter, an amount equivalent to two-fifths of the full rate until shs attains eighteen years of age or until marriage, whichever is earlier:

Provided that in the case of a legitimate or adopted un- married daughter who is infirm and is wholly dependent on the earnings of the insured person at the time of his death, depend- ants' benefit shall continue to be paid while the infirmity lasts and slip mntinnpff tn TIP liTimnrrJpd-

907 G. of 1—4.

Provided further that if the total of the dependants' benefits distributed among the widow or widows and legitimate or adopt- ed children of the deceased person as aforesaid exceeds at any time the full rate, the share of each of the dependants shall be proportionately reduced, so that the total amount payable to them does not exceed the amount of disablement benefit at the full rate.

9. In case the deceased person does not leave a widow or legitimate or adopted child, dependants' benefit shall be payable to the other dependants as follows: —

(a) to a parent or grand-parent, for life, at an amount equivalent to three-tenths of the full rate and if there are two or more parents or grand-parents, the amount payable to the parents or grand-parents as aforesaid shall be equally divided between them;

(b) to any other—

(i) male dependant, until he attains eighteen years of age,

(ii) female dependant, until she attains eighteen years of age or until marriage, whichever is earlier or if widowed until she attains eighteen years of age,

at an amount equivalent 1o two-tenths of the full rate pro- vided that if there be more than one dependant under clause (b)the amount payable under this clause shall be equally divided between them.

THE SECOND SCHEDULE

[See section 2(15A) and (15B)]

Serial Description of injury Percentage No.

o| loss of earning capacity

PART I

L I ST OF I N J U R I BS D E E M FD TO R E S U LT IN P E R M A N E NT I O T AL D I S A BI E M P NT

i L o ss of b o th h a n ds or a m p u t a t i on at h i g h er s i t es . . ..

too 2

1 00 L o ss of a h a nd a nd a f o ot . . . . . . ..

D o u b le a m p u t a t i on t h r o u gh l eg or t h i g h, or a m p u t a t i on t h r o u gh l eg or

3TOO 4 t h i gh on o ne s i de a nd l o ss of o t h er f o ot . . . .. L o ss of s i g ht to s u ch an e x t e nt ai to r e n d er t he c l a i m a nt u n a b le to p e r f o rm a ny w o rk f or w h i ch e ye B i g ht is e s s e n t i al . . .. too V e ry s e v e re t a c i al d i s f i g u r e m e nt . . .. 100 5 A b s o l u te d e a f n e ss ioo 6

) . ' j - n i > L i o ii ' it i n j u ry

SJUUI NO,

lJerccntagc ot loss of earning capacity

PART II

LiSf 01' INJURII S D1!1!VIHI> 10 KUSULr IN PEllvlANENr I'ARIIAL DISABLIJMBN 1"

Amputation—up-her limbs (cither arm)

A m p u t a t i on i l u o u gh s h o u l d ei j o i nt . . . ..

yo

7

S A m p ul it i on b el > v ,h l u l i l cr w i th s l u mp k - s, L I I J II 20 32 c m. t r om t ip of

60

n e r o m i on . . ..

. . ..

. V i i p u u n on l i " iu :o J2 c m. f r om up of . i c i o i n mn to l o ss t h an 1 1 - 43 c m-

y

70

b e l ow t ip of o k - e m n on . . . . . . ..

10

i>0

L o ib of a l i . i nd or of t l iu l l i u mb a nd f o ur l i n g oi h of o n i. h a nd ur a m p u l a- l i on I r o ni T T - 43 c m. b e l ow L ip ul o l c c r a n on . . ..

II L o is of l l i u n ib . . . ..

. .

30

L o st of t h u mb a nd i ts r n c L . i . ' J r p ul b o ne . . . . ..

12

40

L o si ol f o ur f i n g e is of o ne h a nd

,

5O

13

L o si "1 t h r ee fingers oi o ne h a nd .

30

15

20

L o ss of t wo fingers of o ne h a nd . . ..

Lb

25

L o ss of t e i m i n al p h a l a nx of i h u mb . . ..

Amputation—lon'Ci limbs

yo

Anipuiation ol bnili ICLI iciultingtn end-hearing slumps

17

iS A m p u t a t i on t h r o u gh b ith feet p r o x i m al to the mctatarso-phulangcal joint

80

Loss, of .ill LO.-S of b J th fcjL ihrouirli Lhe m^taLarao-phalangcal joint

40

T9

20 Loss ol all LOJS (ifbi)Lh leeL p r o \ u n al Lu lhe pro-iim.il i n t e r - p h a l a n g c al

jolnl . . . . . . . . . ..

30

21 J ,oss ol all tous ot bolli l ed distal LO the p r o x i m al liuer-phalansual joint

20

22 A m p u t a t i on at h ip .

. . . ..

yo

-13 A m p u t a t i on below h ip wiLh s t u mp n ut exceeding 12 70 c m. in length . . ..

measured from tip of great t r e n c h a n t er

80

24 A m p u t a t i on below hip with s t u mp exceeding 1 2 - 70 c m. in l e n g th m e a- sured from tip ol great t r e n c h a n t er but n ot b e y o nd m i d d le t h i gh

70

A m p u t a t i on bi-luw m i d d le t h i gh to 8' Hy c m. below knee

60

•35

26 A m p u t a t i on below knee with s t u mp exceeding H • H9 c m. b ut n ot exceed- ing 12-70 c m. . . . . . . . ..

50

40

27 A m p u t a t i on below k n et with sLump exceeding 1 2 - 70 c m. .

A m p u t a t i on t h r o u gh one foot p r o x i m al to the metaturso-phalangeal joint3° Loss ol all toes ol one fool through the mcUuaiso-phjljngcal joint 20

Serial No. Description ufmjurv

P e r c e n t a ge of l o ss of e a r n i ng c a p a c i ty

Othtr injuries

40 Loss of one eye, without complications, Ihc olliLr being normal Loss of vision of one eye without complications or dibfiguicmiut "1 e><:-

32

bull, the other being normal

jo

Loss of—

A.—I'UisiLii ojright or lejt hand

Index linger

Whole . , .

U I i Two phalungcb

One phalanx . . . ..

y

Guillotine amputation ul lip wilhoul loss o! IHIIIL. . . . .

33 34 3? 36

M i d d le J h i gu

12 W h o le

T wo p h a l a n g es . . ..

9

O ne p h a l a nx . . . . . . . . . ..

7

G u i l l o t i ne a m p u t a t i on or l ip w i t h o ut l o ss ol b o ne . . ..

37 38 3!) 40

4

Ring ur little finger

W h o le

T wo p h a l a n g es

7 6 4t 42

O ne p h a l a nx . . ..

. . . . ..

43

G u i l l o t i ne a m p u t a L i on of l ip w i t h o ut l o ss of b o ne . . ..

5 2

44

B.—Toes oj riqlil or left foot

Urcut toe

T h r o u gh m e t a t d t s o - p h a l a n i j L i il j o i nt

14

F a r tj w i th s o me l o ss of b u nc . . . . . . ..

45 4rt

3

Ally uthili lot

T h r o u gh n i c l d t a r i . o - p h a l u n g t . - t il j u i ui

. . . . ..

3

l P a r tj w i th s o me l o ss of b o ne . ,

47 -18

Two toa of one foot, excluding great toe

T h r o u gh m c L a u i s o - p h a l a i i g c al j o i nt . . ..

49

P a r t, w i th s o me l o ss of b o ne

5 2 50

Throe toes of one Joul, excluding gieat toe

T h t o u gh i r c t a u r s o - p h a l a i i g c ul j o i nt . . . ..

6 51

f a r t, w i th M i me l o ss of b o ne

^2

3

Four toes <>J one foot, excluding great toe

Norn.—Complete 'iiul ptniuiieiu h>-.\ ol the use ol anv lmib oi meinlici let erred lo i this Schedule shall be deemed to he iht- ciiuivjlcut of the loss of that limb or member.

THE THIRD SCHEDULE

(See section 52A)

Lisr oi- orcupAiioNAL DISUASES

OLLUPJUOIIJI diSL-use bnipluj niuii

PART A

A11t.hr.1x . . . .. Am employment -

(.0 involving the handling ot wool, lulr, hnstlcs or animal caicasseh or parts of such carcasses, including hides, hoofs jnd h

1,/') 111 connection with animals inlcctcd with

a nt lira v ; or

^t) involving the loading, unloading or trans-

port 01 uny merchandise.

Compressed air illness or Us tiei.iut.lac . An\ process carried on in compressed air.

Poisoning b\ lead tetra-cth^i , . . Anvpjocess involving the use ol lead Ictrj-

ethvl.

Poisoniny bv nitrous fume;> , , , Anv piocest. Involving cxposuii; lo mtious

fumes

cides.

Poisoning by orBann. phosphorus insccli- Anj process involving (he use 01 handlinS or exposure 10 the fumes, dust or vapour containing anv of the organic phosphorus insecticides.

P A RT H

Poisoning b\ lead, its allojs or compound!, Any process involving the handling or use of or its sequelae excluding poisoning by lend ore 01 lead 01 any ol its preparations lead letra-cthyl.

or compounds except lead letra-ethyl.

or its sequelae.

Poisoning bv phosphorus or its compounds, Any process involving the liberal ion ol phos- phorus or use or handling ot phosphorus or its preparations or compounds.

Poisoning by mcrcurv, its amalgams and Any pioctss involving the use of mcrcun or compounds, or its sequelae.

its preparations 01 compounds.

Poisoning bv b t n / e n e, or its homologucs, Any process involving the munulas.turc, libc- thctr amtdo and nitrixlu ivauves or its ration, or use ot benzene, ben/enc homo- loguet and their amido and mrrodenvativcs. sequelae.

Chrome ulceration or Its sequelae Any process involving the use ot i_hromii_ acid or bichromate ol ammonium potassium or sodium or their preparations or the manulacturc of bichromate.

sequelae.

Poioiiiiins bv jiuciui or its Lompi'UnJs, or its An\ process involving the production, liberation ui utilisation ol aiscnit ur its compounds.

Occupational diseuse limploynii.ni

Pathological manifestations due to—

(a) radium and other radio-uUivc sub-

staneos ;

Any process involving exposure In the auion of radium, rudio-aciivc subuani.es or X-rays,

0) X-rays.

Primury upiilielioni JIOU"> cancel ot llic

skin.

Any process involving ihe handling 01 use nl iar, piti h, biiumcn, mineral oil, paiaflin, or the compounds, products or residues ot these substances.

Poisoning by hulogenated hydrocarbons of the aliphatic aericB and their halo- gen derivatives.

Any process involving the mnnulactuie, libcmlion and use ot hydrocarbons oJ llic aliphatic scries and their halogen derivamcs.

Poisoning by carbon disulphidc or its Any employment in—

sequelae.

(i) the manufacture nj carbon disulphkle ;

or

(b) the manufacture of artificial silk by

viscose proce"s ; or

(c) rubber industry ; or

(d) any other industry involving the produc- tion or use of products containing cur- bon disulphide or exposure to emana- tions from carbon dihulphide.

Occupational cataract due to inlra-red

radiations.

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

Any employment involving the use ol tele- Telegraphiit's Crump

graphic instruments.

Poisoning by manganese or a compound

n|" munganese3 or its sequelae.

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

PART C

Any employment involving exposure lo ihc Silicoaia . . ..

inhalation ol dust containing sihej.

Coal Mincis' Pncuroocuiiiosis

Any employment in coal mining.

Any employment in—

Asbestosis . . ..

(i) the production of—

(i) tibro cement materials ; or (it) asbestos mill board ; or

(2) the processing of ores containing asbestos.

l!jgd3"O8i5 ,

Any employment in the production ol bayusxe mill board or other crudes from bawasse,'.

Act not to apply to certain cases.

43. No provision of this Act shall apply to and in relation to any payment which has been, or is being, or is required to be, made unaer the principal Act in respect of any employment injury sustained by an employee in any State or part thereof at any time before the date of the coming into operation of that provision and any such payment and any application, appeal or other proceeding for or relating to such payment pending before any authority immediately before such date shall continue to be governed by the provisions of the principal Act as they stood immediately before that date.

S. P. SEN-VARMA,

Secy, to the Govt. o/ India.

PRINTFD IN INDIA BY THK GENERAL MANAGER, GOVERNMENT OF INDIA PRESS MTNTO ROAD, HFW UEU1T AND VUI1LISHED B

DELHI, 1966.