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2.Definitions.-

In this Act, unless there is anything repugnant in the subject or context,-

(a) "adult" and "minor" have the meanings assigned to those expressions in the Workmen's Compensation Act, 1923 (8 of 1923);

(b) "employer" includes anybody of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means the latter person while the workman is working for that other person;

(c) "the Fund" means the War Injuries Compensation Insurance Fund constituted under section 11;

(d) "gainfully occupied person" and "war injury" have the meanings assigned to those expressions in the War Injuries Ordinance, 1941 (7 of 1941);

(e) "partial disablement" means, where the disablement is of a temporary nature such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time the injury was sustained, and where the disablement is of a permanent nature, such disablement as reduces his earning capacity in any employment which he was capable of undertaking at that time: Provided that every injury specified in items 2 to 9 of 4[the First Schedule] shall be deemed to result in permanent partial disablement;

(f) "prescribed" means prescribed by rules made under section 20;

1[(ff) "termination of the present hostilities" means such date as the Central Government may, by notification in the Official Gazette, declare to be the date on which the said hostilities terminated;]

(g) "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time the injury was sustained: Provided that permanent total diablement shall be deemed to result from the permanent total loss of the sight of both eyes or from an injury specified in item 1 of 2[the First Schedule] or from any combination of injuries specified in items 2 to 9 of 2[the First Schedule] where the aggregate percentage of disability as specified in that Schedule against those injuries amounts to one hundred per cent;

(h) the "Scheme" means the War Injuries Compensation Insurance Scheme referred to in sub-section (1) of section 7;

(i) "wages" means wages as defined in the Workmen's Compensation Act, 1923 (8 of 1923), and "monthly wages" has the meaning assigned to that expression by section 5 of the Workmen's Compensation Act, 1923, and shall be calculated for the purposes of this Act in the manner laid down in that section;

(j) "workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employers' trade or business) who is employed in any of the employments specified in section 6.

1. Subs. by the A.O. 1950, for sub-section (2).

2. Subs. by the A.O. 1956, for "Part B States".

3. The 16th November, 1943, see Gazette of India, 1943, Pt. I, p. 1258.

4. Subs. by the War Injuries (Compensation Insurance) Amendment Ordinance, 1944 (54 of 1944), s. 2, for "the Schedule".



War Injuries (Compensation Insurance) Act, 1943 Back




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