Report No. 62

5.8. Re-drafts of sections 10, 10A & 10B.-

In the light of the above discussion we recommend the following re-drafts of sections 10, 10A and 10B which are to be re-numbered as indicated below:

Re-Draft of section 10B

Re-Numbered As Section 10.

10(1). Where an accident occurs on the premises of an employer and results in the death of a workman or serious bodily injury to him, the employer shall, within seven days of the death or serious bodily injury, send a report to the Commissioner giving the circumstances attending the death or serious bodily injury.

[Section 10B(1) main paragraph]

[Section 10B(1) proviso, omitted]

Explanation-"Serious bodily injury" means an injury which involves or in all probability will involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days.

[Section 10B(1) Explanation]

[Section 10B(2) omitted]

(2) Nothing in this section shall apply to factories to which the Employees' State Insurance Act, 1948, applies.

[Section 10B(3)]

Re-draft of section 10, Portion Relating to

Intimation, Re-Numbered as section 10A.

10A.(1). Where an accident causing the death of or personal injury to a workman occurs, the workman to whom injury is caused by the accident, or, in case of death, any dependant,1 may, if he so desires, give to the employer an intimation of the accident, stating, in simple language,-

(a) the name and address of the person injured or dead,

(b) the cause of the injury or death, and

(c) the date on which the accident occurred.

1. The reason for separately mentioning dependant is obvious.

[Existing section 10(2), in part modified]

(2) The intimation of accident given under sub-section, (1) may be served on-

(a) the employer, or

(b) any one of several employers, or

(c) in case of any employer carrying on a trade or business, any person responsible to the employer for the management of any branch of the trade or business in which the injured or dead workman was employed.

[Existing section 10(2), in part modified]

(3) An intimation under sub-section (1) may be served by delivering it at, or sending it by registered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or by entry in a book maintained under sub-section (4), or if the workman or dependant so desires, by both such delivery and such entry.

[Existing section 10(4)]

(4) Every employer shall maintain at the premises at which workmen are employed, a bound intimation book, in the prescribed form, in triplicate, which shall be readily accessible at all reasonable times to any injured workman employed on the premises and to any person acting bona fide on his behalf or to the dependant of a deceased workman:

Provided that where the workman is employed, or was, before his death, employed, in any such employment as is mentioned in item 23 of the Second Schedule1, the provisions of this sub-section shall not apply except in so far as the State Government, by notification in the official Gazette, otherwise directs.

1. Item relating to agriculture.

[Section 10(3)]

(5) Every employer shall, as soon as may be after receipt of the intimation under sub-section (1), send a copy of the intimation to the Commissioner and give, another copy to the workman from the intimation book.

Re-draft of section 10A.

Re-numbered as section 10B]

10B. (1) Where a Commissioner receives information from any source that a workman has died as a result of an accident arising out of and in the course of his employment, he shall send by registered post a notice to the workman's employer requiring him to submit, within thirty days of the service of the notice, a statement in the prescribed form, giving the circumstances attending the death of the workman, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death.

(2) If the employer is of opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice.

(3) If the employer is of opinion that.. he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability.

(4) Where the employer has no disclaimed liability, the Commissioner, after such inquiry as he may think fit, may inform any of the dependants of the deceased workman that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit.

[Existing section 10A]

Re-draft of Part of section 10 Relating to Limitation for Claim Re-numbered as section 21A

21A(1). No claim for compensation shall be entertained by a Commissioner unless the claim is preferred before him within two years of the occurrence of the accident or, in the case of death, within two years of the date of death:

[Existing section 10(1), main, para. modified]

Explanation 1.-Where the accident is the contracting of a disease in respect of which the provisions of sub-section (2) of section 31 are applicable, the accident shall be deemed to have occurred on the first of the days during which the workman was continuously absent from work in consequence of the disablement caused by the disease:

[Existing section 10(1), first proviso]

Explanation 2.-In case of partial disablement which is due to the contracting of any such disease and which does not force the workman to absent himself from work, the period of two years shall be counted from the day the workman gives intimation of the disablement to his employer; or2 if the workman does not give such intimation, from the day on which his employment under the employer commenced.

[Existing section 10(1), second proviso]

Explanation 3.-If a workman, having been employed in an employment for a continuous period, specified under sub-section (2) of section 3 in respect of that employment,3 ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected.

[Existing section 10(1), third proviso]

(2) The Commissioner may entertain and decide any claim to compensation in any ease notwithstanding that the claim has not been preferred in due time as provided in sub-section (1), if he is satisfied that the failure was due to sufficient cause.

1. This is a reference to existing section 3(2). The reference to the renumbered provision to be substituted.

2. Intimation by workman is now proposed to be discretionary - see re-draft of section 10-but, in this case, such a provision is unavoidable.

3. This is reference to existing section 3(2).

[Section 10(1), fifth proviso modified]