Report No. 62
1B.2. Matters to be considered in connection with extra-territorial operation.-
The question of extra-territorial application of the Workmen's Compensation Act might assume practical importance, not only in respect of sailors outside India who, apparently, are covered by the Act,1 but also in respect of Government employees employed outside India, and also as regards private employees employed on trade or business outside India (who are not, at present, covered). Consideration of the question of insertion of a provision, in this regard, in the Workmen's Compensation Act, requires a brief discussion of the following matters:-
(a) present position;
(b) the competence, with reference to international law, to deal with the subject;
(c) whether the present position should be changed.
For understanding the present position, it is necessary first to refer to the ordinary rule of construction.
The distinction between the domestic and the extra-territorial effect of legislation was clearly developed when Bartolus (1314-57) formulated the two guiding questions as follows:
1. See discussion, para. 1B.10, infra.
Primo, utrum statutum/sorrigatur intra1 terrium ad nom subditos? Secundo, utrum effectus statuli porrigatur extra territorium statuentium?
Present position-ordinary rule of construction
1. First, whether a statute extends within its territory to those not subject; second, whether the effect of a statute extends beyond the territory of the legislature.