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Report No. 62

3.10 to 3.15. Origin of section 51A.-

It may also be noted that section 51A of the Employees' State Insurance Act is ultimately derived from an English provision.1 Under the Workmen's Compensation Act, the burden of proving that the accident arose "out of and "in the course of" the employment is on the employee. Under discussion e.g. section 51A, Employees' State Insurance Act, 1948 although the burden of proof that the accident arise "in the course of" the employment still lies on the claimant, the burden of proving that it arose "out of" the employment has been shifted.

1. Section 7(4), National Insurance (Industrial Injuries) Act, 1946 (now replaced by the 1965 Act.)

Workmens Compensation Act, 1923 Back

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