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Report No. 62

5.9. Section 11-Medical Examination.-

Section 11 deals with medical examination of the workmen. Sub-section (1) provides that where a workman has given notice of an accident, he shall, if the employer, before the expiry of 3 days from the time at which service of the notice has been effected, offers to have him examined free of charge by a qualified medical practitioner, submit himself for such examination. In the case of a workman receiving a half-monthly payment, he has to submit himself for such examination from time to time; and there is a proviso prohibiting an employer froM requiring the workman to submit himself for medical examination otherwise than in accordance with the rules. We are at the moment concerned with the notice of accident referred to in this provision.

The scheme of the section is that before three days expire from the time of service of the notice, the employer can require the workman to undergo the medical examination. Since we are recommending separately1 that notice of accident-now to be called intimation of accident-by the workman will be optional and not obligatory, this provision requires modification for obvious reasons. Cases of death or serious bodily injury will usually come to the notice of the employer; in fact, the employer is required himself to report them.2 Cases not involving death or serious bodily injury are also likely to come to his notice. We therefore think that the period of three days should now be computed from the date of the occurrence of the accident, even where an intimation of the accident has not been given, by the workman.

1. See discussion as to section 10.

2. Section 10B.

Workmens Compensation Act, 1923 Back

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