Report No. 62

3.23. to 3.25. Section 51B E.S.I. Act considered in detail.-

We shall now consider in detail certain points arising out of section 51B of the Employees' State Insurance Act.1 It would appear that the origin of section 51B lies in a section of the National Insurance (Industrial Injuries) Act, 1946, which itself was derived from section 1(2) of the Workmen's Compensation Act, 1925 derived from section 7 of the Act of 1923. In some respects, the 1946 Act is wider than the 1925 Act but the differences are not material for the present purpose. The condition that the act must have been done for the purpose and in connection with the employer's trade or business which is found in section 51B of the Employees State Insurance Act, 1948, appears also in the English Act, 1946 and in the English Act of 1925. In fact in other respects also section 51B substantially follows the provisions in the English Act of 1946.2-3

1. Para. 3.20, supra.

2. Section 8, National Insurance (Industrial Injuries) Act, 1946.

3. See also Noble v. Southern Rail Company, (1942) 2 AFR 383 (386, 387) (HL).