Report No. 62
3.48. Recommendations.-
On the above basis the following redraft of sections 3(2), (2A), (3) and (4),-to be put as section 3A-is recommended.1
3A(1) Occupational decease when to be deemed to injury by accident.-If a workman employed in any employment specified in Part A of Schedule III contracts any disease specified therein as an occupational disease peculiar to that employment the contracting of the disease shall be deemed to be an injury by accident within the meaning of section 3, and unless the contrary is proved, the accident shall be deemed to have arisen out of, and in the course of, the employment.
1. Existing section 3(5) could be re-numbered as section 3B.
[Section 3(2), main para. in part]
(2) If a workman, whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months (which period shall not include a period of service under any other employer in the same kind of employment) in any employment specified in Part B of Schedule III, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of section 3, and unless the contrary is proved, the accident shall be deemed to have arisen out of and in the course of the employment:
[Section 3(2), main para. in part]
Provided that if it is proved-
(a) that a workman, having served under any employee in any employment specified in Part B of Schedule III for a continuous period of six months1 has after the cessation of such service contracted any disease specified in the said Part B as an occupational disease peculiar to the employment; and
(b) that such disease arose out of the employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of section 3.
1. The present second proviso to section 3(2) is ambiguous in this regard, but presumably the above is the correct reading. See section 3(2), main para.
[Section 3(2), Second proviso in part]
(3) If a workman, whilst in the service of one or more employers in any employment specified in Part C of Schedule III for such continuous period as the Central Government may specify in respect of each such employment, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section, and, unless the contrary is proved, the accident shall be deemed to have arisen out of, and in the course of, the employment.
[Section 3(2), main para. in part]
(4) If it is proved-
(a) that a workman, whilst in the service of one or more employers in any employment specified in Part C of Schedule III, has contracted a disease specified therein as an occupational disease peculiar to that employment during a continuous period which is less than the period specified under this sub-section for that employment; and
(b) that the disease has arisen out of, and in the course of, the employment, the contracting of such disease shall be deemed to be an injury by accident within the meaning of section 3.
[Section 3(2), first proviso]
(5) If it is proved-
(a) that a workman, having served under one or more employers in any employment specified in Part C of Schedule III for a continuous period specified under sub-section (3) for that employment, has after the cessation of such service, contracted any disease specified in the said Part C as an occupational disease peculiar to the employment; and
(b) that such disease arose out of the employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of section 3.
[Section 3(2), second proviso in part]
(6) If a workman employed in any employment specified in Part C of Schedule III contracts any occupational disease peculiar to that employment, the contracting whereof is deemed to be an injury by accident within the meaning of section 3 and such employment was under more than one employer, all such employers shall be liable for the payment of the compensation in such proportion as the Commissioner may in the circumstances deem just.
[Section 3(2A)]
(7) The State Government in the case of employments specified in Part A and Part B of Schedule III, and the Central Government in the case of employments specified in Part C of that Schedule, after giving by notification in the Official Gazette not less than three months' notice of its intention so to do, may, by a like notification, add any description of employment to the employments specified in Schedule III, and shall specify in the case of employments so added the diseases which shall be deemed for the purposes of this section to be occupational disease peculiar to those employments respectively, and thereupon the provisions of this section shall apply as if such diseases had been declared by this Act to be occupational diseases peculiar to those employments.
[Section 3(2)]
(8) Save as provided by sub-sections (1) to (7), no compensation shall be payable to a workman in respect of any disease unless the disease; is directly attributable to a specific injury by accident arising out of and in the course of his employment."
[Section 3(4)]
