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4. Relief from liability to pay compensation or damages.-

(1) In respect of a personal injury sustained during the period of the emergency by any other person, and in respect of a personal service injury sustained during that period by a civil defence volunteer, no such compensation or damages shall be payable, whether to the person injured or to any other person, as part from the provisions of this sub-section-

(a) would be payable under-

(i) the Workmen's Compensation Act, 1923 (8 of 1923), or

(ii) the Employees' State Insurance Act, 1948 (34 of 1948); or

(b) would, whether by virtue of any enactment or by virtue of any contract or any custom or usage having the force of law, be payable-

(i) in the case of a personal injury, by any person, or

(ii) in the case of a personal service injury sustained by a civil defence volunteer, by the employer of the volunteer, or by any person who has any responsibility in connection with the volunteer's duties as such or by any other civil defence volunteer, on the ground that the injury in question was attributable to some negligence, nuisance or breach of duty for which the person by whom the compensation or damages would be payable is responsible.

(2) The failure to give a notice or make a claim or commence proceedings within the time required by any enactment shall not be a bar to the maintenance of proceedings in respect of any personal injury or personal service injury, if-

(a) an application for a payment under a scheme has been duly made to the Central Government or other authority empowered to make payments under the scheme in respect of the injury; and

(b) the court or other authority before which the proceedings, are brought, is satisfied that the said application was made in the reasonable belief that the injury was such that a payment could be made under the scheme; and

(c) the Central Government or other authority empowered to make payments under the scheme certifies that the application was rejected, or that payments made in pursuance of the application were discontinued, on the ground that the injury was not such an injury; and

(d) the proceedings are commenced within one month from the date of the said certificate.



Personal Injuries (Emergency Provisions) Act, 1962 Back




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