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Report No. 62

3.43. Section 3A e.g. 3(2) to section 3(4) re-numbered.-

Sections 3(2), 3(2A), 3(3) and 3(4) relate to certain occupational diseases. If certain specified conditions are satisfied, the contracting of the occupational diseases by the workman is regarded as an injury by accident and there is a rebuttable presumption that the accident arose out of, and in the course of, the employment. This is the broad effect of these sub-sections. In other words, to the concept of "personal injury caused by accident" which is the basis of a claim under sub-section (1), these sub¬sections add the concept of disease subject to certain conditions.

The conditions are numerous. In the first place the workman must be employed in an employment specified in the Third Schedule. In the second place the occupational disease contracted by the workman must be one which is specified in the Third Schedule as "peculiar" to the particular employment. In the third place, in case of employment in Part B or Part C of the Third Schedule, the employee must have been in the service of the employer continuously for a specified period but this requirement (of continuous period) is to be read as subject to certain provisions which relax it or certain other provisio,ns which explain and interpret it. These matters of detail need not be gone into at present.

3.44. To the list of disease given in the Third Schedule, the State Government (in the case of Part A and Part B of the Third Schedule) or the Central Government (in the case of Part C), can make additions after following the procedure laid down in section 3(3). Where the requirement of continuous1 period is relaxed, there arises a need to distribute the liability between two or more employers-a matter provided in sub-section (2A).

1. Para. 3.43, supra.

3.45. Except as provided in sub-sections (2), (2A) and (3), compensation is not payable for a disease unless the disease is directly attributable to a specified injury by accident arising out of and in the course of employment. This brief analysis of the sub-sections in question is offered to facilitate further consideration of the matter.



Workmens Compensation Act, 1923 Back




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