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Report No. 62

1A.14. Gist of the operative provisions.-

We shall now have a look at the operative provisions of the Workmen's Compensation Act. Under the Act, if personal injury is caused to a workman by an accident arising out of, and, in the course of his employment, his employer shall be liable to pay compensation irrespective of fault, in accordance with the provisions of Chapter 2 of the Act.1 This expression "workman" is defined so as to include not all employees, but only a limited class.

The liability of the employer to pay compensation is, under this provision, excluded in the case of certain minor injuries;2 and there is no liability for an injury caused by an accident directly attributable to the workman being under the influence of drink or drugs or to the wilful disobedience of orders and rules by the workman, or to the wilful removal or disregard by the workman of safety devices.3 Certain diseases contracted in an employment are also regarded as "injuries caused by accident",4 for the purpose of the Act. The liability arising under the Act cannot be excluded by contract.

1. Section 3(1), Workmen's Compensation Act.

2. Section 3(1), proviso (a).

3. Section 3(1), proviso (b).

4. Section 3(2), section 3(2A), section 3(3) and section 3(4).

Workmens Compensation Act, 1923 Back

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