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Workmen's Compensation Act, 1923

15. Special provisions relating to master and seamen

This Act shall apply in the case of workmen who are masters of ships or seamen subject to the following modifications namely :-

The notice of the accident and the claim for compensation may except where the person injured is the master of the ship be served on the master of the ship as if he were the employer but where the accident happened and the disablement commenced on board the ship it shall not be necessary for any seaman to give any notice of the accident. In the case of the death of a master or seaman the claim for compensation shall be made within one year after the news of the death has been received by the claimant or where the ship has been or is deemed to have been lost with all hands within eighteen months of the date on which the ship was or is deemed to have been so lost :

Provided that the Commissioner may entertain any claim to compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this sub-section if he is satisfied that the failure so to prefer the claim was due to sufficient cause.

(3) Where an injured master or seaman is discharged or left behind any part of India or in any foreign country any depositions taken by any Judge or Magistrate in that part or by any Consular Officer in the foreign country and transmitted by the person by whom they are taken to the Central Government or any State Government shall in any proceedings for enforcing the claim be admissible in evidence -

if the deposition is authenticated by the signature of the Judge Magistrate or Consular Officer before whom it is made; if the defendant or the person accused as the case may be had an opportunity by himself or his agent to cross-examine the witness; and if the deposition was made in the course of a criminal proceeding on proof that the deposition was made in the presence of the person accused and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the dependant or the person accused had an opportunity or cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall unless the contrary is proved be sufficient evidence that he had that opportunity and that it was so made.

(4) No half-monthly payment shall be payable in respect of the period during which the owner of the ship is under any law in force for the time being relating to merchant shipping liable to defray the expenses of maintenance of the injured master or seaman.

No compensation shall be payable under this Act in respect of any injury in respect of which provision is made for payment of gratuity allowance or pension under the War Pensions and Detention Allowances (Mercantile Marine etc.) Scheme 1939 or the War Pensions and Detention Allowances (Indian Seamen etc.) Scheme 1941 made under the Pensions (Navy Army Air Force and Mercantile Marine) Act 1939 (2 & 3 Geo. 6 c 83) or under the War Pensions and Detention Allowances (Indian Seamen) Scheme 1942 made by the Central Government. Failure to give a notice or make a claim or commence proceedings within the time required by this Act shall not be a bar to the maintenance of proceedings under this Act in respect of any personal injury if - an application has been made for payment in respect of that injury under any of the schemes referred to in the preceding clause and the State Government certifies that the said application was made in the reasonable belief that the injury was one in respect of which the scheme under which the application was made makes provision for payments and 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 the proceedings under this Act are commenced within one month from the date on which the said certificate of the State Government was furnished to person commencing the proceedings.

Workmen's Compensation Act, 1923 Back

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