[MAHARASHTRA] WORKMEN'S COMPENSATION RULES, 1934

[1][MAHARASHTRA] WORKMEN'S COMPENSATION RULES, 1934

PREAMBLE

In exercise of the powers conferred by Section 33 of the Workmen's Compensation Act, 1923

PART I

PRELIMINARY

Rule - 1. Short title.

These rules may be called the Maharashtra workmen's. Compensation Rules, 1934.

Rule - 2. Definitions.

In these rules, unless there is anything repugnant in the subject or context-

(a)      "The Act" means the Workmen's Compensation Act, 1923.

 

(b)      "Form" means a form appended to these rules.

 

(c)      "Section" means a section of the Act.

PART II

SCALES OF COSTS AND THE FEES PAYABLE IN RESPECT OF PROCEEDINGS BEFORE A COMMISSIONER

Rule - 3. Costs.

(1)     Where the Commissioner directs that any costs shall not follow the event, he shall state his reasons in writing.

 

(2)     The costs which may be awarded shall include-

(a)      the charges necessarily incurred on account of court-fees;

 

(b)      the charges necessarily incurred on subsistence money to witness; and

 

(c)      pleader's fees on the scale prescribed in the following sub-rules.

 

(3)     [2](a) in any proceeding involving an application for compensation in the form of a lump-sum, and application for review or an application for indemnification, the fee allowed shall be Rs. 25 subject to a special order of the Commissioner to diminution to a sum not less than Rs. 15 and to increase to a sum not more than Rs. 150 for each such proceeding. In all other applications, the fee allowed shall be Rs. 15 subject to increase by special order to a sum not exceeding Rs. 50.

(b) No fee shall be charged in excess of the amount determined under clause (a).

(4)     When a party engages more pleaders than one to conduct or defend a case, he shall be allowed one set of costs only.

 

(5)     When several defendants having substantially one defence to make employ several pleaders, they shall be allowed one set of costs only. In such cases, it will be for the applicant, at the time of hearing, to ask for a direction of the Court that separate costs be not allowed.

 

(6)     When two or more defendants having separate substantial defences have engaged the services of one pleader, they shall be allowed separate-sets of costs. In this case, it will be for the defendants interested to apply at the hearing for separate costs.

 

(7)     when several defendants have separate defences are represented by separate pleaders, they shall be entitled to separate costs.

 

(8)     [3]The Commissioner shall, out of the amount deposited as compensation and costs, arrange to disburse the amount of compensation and costs in accordance with the order made in that behalf.

Rule - 4. Fees.

The fees specified in column 3 of the subjoined Schedule shall be payable in respect of the proceedings mentioned in the second column of the said Schedule:

SCHEDULE

N.B. In the case of any application falling under the head X, the Commissioner may, if he thinks fit, permit the application to be made without fee.

Rule - 5. Applicant may be required to deposit excess fees.

If in any case the Commissioner considers that he ought to pass orders granting relief of a different kind or to a different extent from that claimed by the applicant, and if the fee which would have been payable by the applicant on an application for the relief which the Commissioner considers to be due is greater than the fee which has actually been paid, the Commissioner may require the applicant to deposit fees to the extent of the difference.

PART III

MAINTENANCE OF REGISTERS, LANGUAGE OF THE COURT RECORDS, CERTIFIED COPIES AND ALLOWANCE TO WITNESSES

Rule - 6. Register of applications.

All applications presented to the Commissioner shall be registered in a register in Form A.

Rule - 7. Register of fatal accidents.

Every commissioner shall maintain a separate register in Form B of fatal accidents which come to his knowledge either on account of deposits made by or on behalf of employers, or because of applications made by dependants of a deceased workman for an order for deposit and payment of compensation.

Rule - 8. Register of non-fatal accidents.

Every Commissioner shall maintain a separate register in Form C of non-fatal accidents which come to his knowledge in any of the following ways :

(1)     On account of applications for registration of memoranda of agreements.

(2)     On account of application for commutation of half-monthly payments.

(3)     On account of amount of compensation deposited with the Commissioner under Section 8(2).

(4)     On account of applications for settlement of claim made by the injured workman.

Rule - 9. Language of the record.

The record of the Commissioner shall be kept in the English language.

Rule - 10. Supply of certified copies of parties.

Certified copies of any papers in any proceeding before a Commissioner should be supplied to parties in accordance with the rules in Chapter XIII (in so far they are consistent with the Act) of the Manual of Circulars issued by the High Court of Bombay for the guidance of Civil Courts.

Rule - 11. Allowance to witnesses.

in cases where a Commissioner has to issue summons to a witness either at the instance of a party to a proceeding before him, or on his own initiative, the allowances to be paid to the witness shall be on the same scale as obtained in the Court of Small Causes.

PART IV

Rule - 12. Fees to assessor.

Where in pursuance of the provisions of subsection (2) of Section 20, any person possessing special knowledge of any matter relevant to the case under inquiry is chosen by the Commissioner to assist him in holding the same, he shall be entitled to such fee as the Commissioner may fix, subject to a maximum of rupees fifty and a minimum of rupees twenty:

Provided that he shall be entitled to an additional fee of rupees ten

(a)      for each extra case if he is required to sit in more than one case on the same day; and

(b)      for each of the second and third days of any one case.

PART V

NOTICE UNDER SECTION 10-A AND THE STATEMENT BY THE EMPLOYER IN REPLY THERETO

Rule - 13.

The notice sent by a commissioner under sub-section (1) of Section 10-A shall be in Form D and shall be accompanied by a copy of Form E.

Rule - 14.

The statement submitted by an employer under Section 10-A shall be in Form E.

PART VI

Rule - 15. Display of notices containing abstracts of the Act, by employers.

Notices containing abstracts from the Act together with the designation and full address of the Commissioner shall be displayed by every employer at a conspicuous place near the Time Keeper's office or the main gate through which majority of the workmen employed by them enter, in English and in a language understood by the majority of workmen and shall be mentioned in a clear and legible condition. The abstract of the Act shall be in Form F.

SCHEDULE II

List of persons who, subject to the provisions of Section 2(1)(n), are included in the definition of workmen

The following persons are workmen within the meaning as Section 2(1)(n) and subject to the provisions of that section, that is to say, any person who is-

(i)       employed, otherwise than in a clerical capacity or on a railway, in connection with the operation or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicles; or

(ii)      employed, otherwise than in a clerical capacity, in any premises wherein or within the precincts whereof a manufacturing processes as defined in clause (k) of Section 2 of the Factories Act, 1948, is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, and steam, water or other mechanical power or electrical power is used; or

(iii)     employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for, transport or sale any article or part of an article in any premises wherein or within the precincts whereof twenty or more persons are so employed; or

(iv)    employed in the manufacture or handling of explosives in connection with the employer's trade or business; or

(v)      employed, in any mine as defined in clause (j) of section 2 of the mines Act, 1952, in any mining operation or in any kind of work, other than clerical work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or

(vi)    employed as the master or as a seaman of

(a)      any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled;

or

(b)      any ship not included in sub-clause (a), of 25,000 kgs net tonnage or over; or

(c)      any sea-going ship not included in sub-clause (a) or sub-clause (b) provided with sufficient area for navigation under sails alone; or 

(vii)   employed for the purpose of

(a)      loading, unloading, fueling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port, subject to the Indian Ports Act, 1908 of goods which have been discharges from or are to be loaded into any vessel; or

(b)      warping a ship through the lock; or

(c)      mooring and unmooring ships at harbour wall berths or in pier; or

(d)      removing or replacing dry dock caisson when vessels are entering or leaving dry docks; or

(e)      the docking or undocking of any vessel during an emergency; or

(f)       preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gang-ways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or

(g)      any work on jolly-boats for bringing a ship's line to the Wharf; or

(viii)  employed in the construction, maintenance, repair or demolition of

(a)      any building which is designed to be or is or has been more than one storey in height above the ground or 3.65 meters or more from the ground level to the apex of the roof; or

(b)      any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or

(c)      any road, bridge, tunnel or canal; or

(d)      any wharf, quay, sea-wall or other marine work including any moorings of ships; or

(ix)    employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or

(x)      employed, otherwise than in a clerical capacity, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline, or sewer; or

(xi)    employed in the service of any fire brigade; or

(xii)   employed upon a railway as defined in clause (4) of Section 3 and subsection (1) of Section 148 of the Indian Railway Act, 1890, either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or (xiii) employed as an inspector, mail guard, sorter or van peon in Railway mail service (or as telegraphist or as a postal or railway signaller) or employed in any occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs Department; or (xiv) employed, otherwise than in a clerical capacity, in connection with operations for winning natural petroleum or natural gas; or

(xiii)  employed in any occupation involving blasting operations; or

(xiv)  employed in the making of any excavation in which on any one day of the preceding twelve months more than twenty-five persons have been employed or explosives have been used, or whose depth from its highest to its lowest point exceed 3.657 meters; or

(xv)   employed in the operation of any ferry boat capable of carrying more than ten persons; or

(xvi)  employed, otherwise than in a clerical capacity, on any estate which is maintained for the purpose of growing cinchona, coffee, rubber or tea and on which on any one day in the preceding twelve months twenty-five or more persons have been so employed; or

(xvii) employed, otherwise than in a clerical capacity, in the generating, transforming or supplying of electrical energy or in the generating or supplying of gas; or

(xviii)   employed in a lighthouse as defined in clause (d) of Section 2 of the Indian Lighthouse Act, 1927; or

(xix)  employed in a producing cinematography pictures intended for public exhibition or in exhibiting such pictures; or

(xx)   employed in the training, keeping or working of elephants or wild animals; or

(xxi)  employed in the tapping of palm trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forest fires; or

(xxii) employed in operations for the catching or hunting of elephants or other wild animals; or

(xxiii)   employed as a driver; or

(xxiv)   employed in the handling or transport of goods in, or within the precincts of

(a)      any warehouse or other place in which goods are stored, and in which on any one day of the preceding twelve months ten or more persons have been so employed; or

(b)      any market in which on any one day of the preceding twelve months fifty or more persons have been so employed; or

(xxv) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contact with radio-active substances; or (xxviii) employed in or in connection with the constructions, erection, dismantling, operations or maintenance of an aircraft as defined in Section 2 of the Indian Aircraft Act, 1934; or

(xxvi)   employed in farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or

(xxvii)  employed otherwise than in a clerical capacity, in the construction, working, repair or maintenance of a tube-well; or

(xxviii) employed in the maintenance, repair or renewal of electric fittings in any building; or

(xxix)   employed in a circus.

Explanation. In this Schedule, "the preceding twelve months" relates in any particular case to the twelve months ending with the day on which the accident in such case occurred.

(1)     Persons employed for the purpose of loading or unloading any mechanically propelled vehicle, or in the handling or transport of goods which have been loaded into any mechanically propelled vehicle.

(2)     Persons employed in any occupation ordinarily involving outdoor work by any Municipality or by any District Local Board.

Persons employed in handling tractors or other mechanical contrivances in a farm.

Section 3(1)  Employer's liability for compensation.If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of Chapter II of the Act, provided that the employer shall not be so liable.

(a)      in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;

(b)      in respect of any injury, not resulting in death caused by an accident which is directly attributable to

(i)       the workman having been at the time thereof under the influence of drinks or drugs, or

(ii)      the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or

(iii)     the wilful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workman.

Section 4 - Amount of compensation.Subject to the provisions of this Act, the amount of compensation shall be as follows, namely.

(a)      where death results from the injury and the deceased workman has been in receipt on monthly wages falling within limits shown in the first column of Schedule IV, the amount shown against such limits in the second column thereof;

(b)      where permanent total disablement results from the injury and the injured workman has been in receipt of monthly wages falling within limits shown in the first column of Schedule IV, the amount shown against such limits in the third column thereof;

(c)      where permanent partial disablement results from the injury -

(i)       in the case of an injury specified in Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury, and

(ii)      in the case of an injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury.

Explanation. Where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any cases as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries;

(d)      where temporary disablement, where total or partial, results from the injury and the injured workman has been in receipt of monthly wages falling within limits shown in the first column of Schedule IV, a half monthly payment of the sum shown against such limits in the fourth column thereof, payable on the sixteenth day-

(i)       from the date of the disablement, where such disablement lasts for a period of twenty-eight days or more, or

(ii)      after the expiry of a waiting period of there days from the date of the disablement, where such disablement lasts for a period of less than twenty-eight days, and thereafter half-monthly during the disablement or during a period of five, years, whichever period is shorter:

Provided that -

(a)      there shall be deducted from any lump sum or half-monthly payments to which the workman is entitled the amount of any payment or allowance which the workman has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half-monthly payment, as the case may be; and

(b)      no half-monthly payment shall in any case exceed the amount if any, by which half the amount of the monthly wages of the workman before the accident exceeds half the amount of such wages which he is earning after the accident.

(3)     On the ceasing of the disablement before the date on any half-monthly payment falls due, there shall be payable in respect of half-month a sum proportionate to the duration of the disablement in that half-month.

[4][SCHEDULE I]

[Sections 2(1) and (4)]

[5][PART I] LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT]

[6][PART II

LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT]

[14][Note: Complete and permanent loss of the use of any limb or member referred to in the Schedule shall be deemed to be the equivalent of the loss of that limb or member.]

[15][SCHEDULE IV]

(See section 4)

FACTORS FOR WORKING OUT LUMP-SUM EQUIVALENT OF COMPENSATION AMOUNT IN CASE OF PERMANENT DISABLEMENT AND DEATH

Section 3(2) and (2-A) - Occupational diseases for which compensation is payable.If a workman employed in any employment specified in Part A of Schedule III contract any disease specified therein as an occupational disease peculiar to that employment, or if a workman, whilst in the service of an employer in whose service he has been employed for a continuous period of not less other six months (which period shall not include a period of service under any other employer in the same kind of employment) in any employment specified in Part B of Schedule III, contracts any disease specified therein as an occupational disease peculiar to that employment, or if a workman whilst in the service of one or more employers in any employment, specified in Part C of Schedule III for such continuous period as the Central Government may specify in respect of each such employment, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section and, unless the contrary is proved, the accident shall be deemed to have arisen out of, and in the course of, the employment.

If any disease specified in Part C of schedule III as an occupational disease, peculiar to that employment has been contracted by any workman during the continuous period specified above in respect of that employment and the workman has during such period has been employed in such employment] under more than one employer, all such employers shall be liable for the payment of compensation under this Act, in such proportion as the Commissioner may, in the circumstances, deem just.

SCHEDULE III

List of Occupational Diseases

Section 9 - Compensation not to be assigned; attached or charged.Save as provided by this Act, no lump sum or half-monthly payment payable under this Act shall in any way be capable of being assigned or charged or be liable to attachment or pass to any person other than the workman by operation of law, nor shall any claim be set-off against the same.

Section 10- Notice and claim.

(1)     No claim for compensation shall be entertained by a Commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death:

Provided that, where the accident is the contracting of a disease in respect of which the provisions of sub-section (2) of Section 3 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:

Provided further that the want of or any defect or irregularity in a notice shall not be a bar to the entertainment of a claim -

(a)      if the claim is preferred in respect of the death of a workman resulting from an accident which occurred on the premises of the employer, or at any place where the workman at the time of the accident was working under the control of the employer or of any person employed by him, and the workman died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred; or

(b)      if the employer or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed had knowledge of the accident from any other source at or about the time when it occurred:

Provided, further, that the Commissioner may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to give the notice or prefer the claim, as the case may be, was due to sufficient cause.

(2)     Every such notice shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date on which the accident happened, and shall be served on the employer or upon any one of several employers or upon any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed.

 

(3)     The State Government may require that any prescribed class of employers shall maintain at their premises at which workmen are employed notice-book, in the prescribed from, which shall be read by accessible at all reasonable times to any injured workman employed on the remises and to any person acting bona fide on his behalf.

 

(4)     A notice under this section 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, where a notice-book is maintained, by entry in the notice-book.

Section 12 - Contracting.

(1)     Where any person (hereinafter referred to as the principal) in the course of or for the purpose of his trade or business contracts with any other person (hereinafter referred to as the contractor) for the execution, by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if that workman, had been immediately employed by him and where compensation is claimed from the principal, this Act shall apply as if reference to the principal were substitute for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by whom he is immediately employed.

 

(2)     Where the principal is liable to pay compensation he shall be entitled to be indemnified by the contractor, or any other person from whom the workman could have recovered compensation and where a contractor who is himself a principal is liable to pay compensation or to indemnify a principal he shall be entitled to be indemnified by any person standing to him in the relation of a contractor from whom the workman could have recovered compensation and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the commissioner.

 

(3)     Nothing herein shall be construed as preventing a workman from recovering compensation from the contractor instead of the principal.

 

(4)     This provision shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the principal has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management.

Section 17 - contracting out.Any contract or agreement whether made before or after the commencement of Workman's Compensation Act, whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment, shall be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under this Act.

Section 22(3) - Form of application.If the applicant is illiterate of for any other reason is unable to furnish the required information in writing the application shall, if the applicant so desires, be prepared under the direction of the Commissioner.

Section 24  appearance of parties.Any appearance, application or act required to be made or done by any person before or to a Commissioner (other than an appearance of a party which is required for the purpose of his examination as a witnesses) may be made or done on behalf of such person by a legal practitioner or by an official of an Insurance Company or a registered Trade Union or by an Inspector appointed under subsection (1) of Section 8 of the Factories Act, 1948, or under sub-section (1) of Section 5 of the Mines Act, 1952, or by any other officer specifies by the State Government in this behalf, authorised in writing by such person, or, in with the permission of the Commissioner by any other person so authorised.