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Workmen's Compensation Act, 1923

SCHEDULE II

[Section 2(1)(n)]

LIST OF PERSONS WHO SUBJECT TO THE PROVISIONS OF SECTION 2(1)(n) ARE INCLUDED IN THE DEFINITION OF WORKMEN

The following persons are workmen within the meaning of Section 2(1)(n) and subject to the provisions of that section that is to say any person who is -

1.employed otherwise than in a clerical capacity or on a railway in connection with the operation repair or maintenance of a lift or a vehicle propelled by steam or 
other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle or

2. employed otherwise than in clerical capacity in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act 1948 (63 of 1948) is being carried on or in any kind of work whatsoever incident to or connected with any such manufacturing process or with the article made whether or not employment in any such work is within such premises or precincts and steam water or other mechanical power or electrical power is used; or

3.employed for the purpose of making altering repairing ornamenting finishing or otherwise adapting for use transport or sale any article or part of an article in any premises wherein or within the percents whereof twenty or more person are so employed,

Explanation : For the purposes of this clause persons employed outside such premises or precincts but in any work incidental to or connected with the work relating to making altering repairing ornamenting finishing or otherwise adapting for use transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts: or

4. employed in the manufacture or handling of explosives in connection with the employer's trade or business; or

5. employed in any mine as defined in clause (j) of section 2 of the Mines Act 1952 (35 of 1952) in any mining operation or in any kind of work other than clerical work incidental to or connected with any mining operation or with the mineral obtained or in any kind or work whatsoever below ground; or

6.employed as the master or as a seaman of

(a) any ship which is propelled wholly or in part by steam or other mechanical power of by electricity or which is towed or intended to be towed by a ship so propelled; or

(b) any ship not included in sub-clause (a) of twenty-five tones net tonnage or over; or

(c) any sea-going ship not included in sub-clause (a) or sub-clause (b) provided with sufficient area for navigation under sails alone; or

7 employed for the purpose of -

(a) loading unloading fuelling constructing repairing demolishing cleaning or painting any ship of which he is not the master or a member of the crew or handling or transport within the limits of any post subject to the Indian Ports Act 1908 (15 of 1908) or the Major Port Trusts Act 1963 (18 of 1963) of goods which have been discharged from or are to be loaded into any vessel; or

(b) warping a ship through the lock; or

(c) mooring and unmooring ships at harbor wall berths or in pier; or

(d) removing or replacing dry dock caissons when vessels are entering or leaving dry docks; or

(e) the docking or undocking of any vessel during an emergency; or

(f) preparing splicing chir springs and check wires painting depth marks on locksides removing or replacing fenders whenever necessary landing of gangways maintaining lifebuoys up to standard or any other maintenance work of a like nature; or

(g) any work on jolly boats for bringing a ship's line to the wharf; or

8 employed in the construction maintenance repair or demolition of -

(a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof or

(b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or

(c) any road bridge tunnel or canal; or

(d) any wharf quay sea wall or other marine work including any moorings of ships; or

9 employed in setting up maintaining repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or standard or fittings and fixtures for the same; or

10 employed otherwise than in a clerical capacity in the construction working repair or demolition of any aerial ropeway canal pipeline or sewer; or

11 employed in the service of any fire brigade; or

12 employed upon a railway as defined in clause (31) of section 2 and sub-section (1) of section 197 of the Indian Railway Act 1989 (24 of 1989) either directly or through a sub-contractor by a person fulfilling a contract with the railway administration; or

13 employed as an inspector mail guard sorter or van peon in the Railway Mail Service or as a telegraphist or as a postal or railway signaler or employed in any occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs Department; or

14 employed otherwise than in a clerical capacity in connection with operations for winning natural petroleum or natural gas; or

15 employed in any occupation involving blasting operations; or

16 employed in the making of any excavation in which on any one day of the preceding twelve months more than twenty-five persons have been employed or explosives have been used or whose depth from its highest to its lowest point exceeds twelve feet; or

17 employed in the operation of any ferry boat capable of carrying more than ten person; or

18 employed otherwise than in a clerical capacity on any estate which is maintained for the purpose of growing cardamom cinchona coffee rubber or tea and on which on any one day in the preceding twelve months twenty-five or more persons have been so employed; or

19 employed otherwise than in a clerical capacity in the generating transforming transmitting or distribution of electrical energy or in generation or supply of gas; or

20 employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse Act 1927 (17 of 1927); or

21 employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or

22 employed in the training keeping or working of elephants or wild animals; or

23 employed in the tapping of palm trees or the felling or logging of trees or the transport of timber by inland waters or the control or extinguishing or forests fires; or

24 employed in operations for the catching or hunting of elephants or other wild animals; or

25 employed as a diver; or

26 employed in the handling or transport of goods in or within the precincts of

(a) any warehouse or other place in which goods are stored and in which on any one day of the preceding twelve months ten or more persons have been so employed or

(b) any market in which on any one day of the preceding twelve months fifty or more persons have been so employed; or

27 employed in any occupation involving the handling and manipulation of radium or X-ray apparatus or contract with radioactive substances; or

28 employed in or in connection with the construction erection dismantling operation or maintenance of an aircraft as defined in section 2 of the Indian Aircraft Act 1934 (22 of 1934); or

29 employed in horticultural operations forestry bee keeping or framing by tractors or other contrivances driven by steam or other mechanical power or by electricity; or

30 employed otherwise than in a clerical capacity in the construction working repair or maintenance of a tube-well; or

31 employed in the maintenance repair or renewal of electric fittings in any building; or

32 employed in a circus.

33 employed as watchman in any factory or establishment; or

34 employed in any operation in the sea for catching fish;

35 employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insects; or

36 employed in handling animals like horses mules and bulls;

37 employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles;

38 employed in cleaning of sewer lines or septic tanks within the limits of a local authority;

39 employed on surveys and investigation exploration or garage or discharge observation of rivers including drilling operations hydrological observations and flood forecasting activities groundwater surveys and exploration;

40 employed in cleaning of jungles or reclaiming land or ponds in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

41 employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

42 employed in installation maintenance or repair of pumping equipment used for lifting of water from wells tube wells ponds lakes streams and the like;

43 employed in the construction boring or deepening of an open well bore well bore-cum-dug well filter point and the like;

44 employed in spraying and dusting of insecticides or pesticides in agricultural operations or plantations; or

45 employed in mechanized harvesting and threshing operations;

46 employed in working or repair or maintenance of bulldozers tractors power tillers and the like;

47 employed as artists for drawing pictures on advertisement boards at a height of 3.66 meters or more from the ground level;

48 employed in any newspaper establishment as defined in the Working Journalists and Other Newspaper Employees (Conditions of Services) and Miscellaneous Provisions Act 1955 (45 of 1955) and engaged in outdoor work.

Explanation: In this Schedule the preceding twelve months relates in any particular case to the twelve months ending with the day on which the accident in such case occurred.



Workmen's Compensation Act, 1923 Back




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