Report No. 62

3.20. Section 51B, E.S.I. Act.-

The position in this respect under the Employees' State Insurance Act is different.1-2 The relevant section of that Act is as follows:-

"51B. Accidents happening while acting in breach of regulations, etc.:

An accident shall be deemed to arise out of and in the course of an insured persons's employment 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 without 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 aforesaid or without instructions from his employer, as the case may be; and

(b) the act is done for the purpose of and in connection with the employer's trade or business."

1. Section 51B, E.S.I. Act, 1948.

2. For history, see para. 3.23, infra.