(a)
These rules may be called the Rajasthan Silicosis Rules, 1955. (b)
They shall apply to all industries specified in Schedule 'A' of these
rules. The State Government may from time to time add to or vary the Schedule. (c)
They shall come into force on such date as the State Government may by
notification in the Rajasthan Gazette, appoint. In these rules, unless there is anything repugnant
in the subject or context:- (a)
'Act' means the Workmen's Compensation
Act, 1923 (Central Act No. VIII of 1923); (b)
'Commissioner' means
the Commissioner for Workmen's Compensation appointed under the Act; (c)
'Initial Examination' means
examination prescribed under Rule 9(d) of these rules; (d)
'Periodical Examination' means
examination prescribed under Rule 9(d) of these rules; (e)
'Examiner' means registered medical
practitioner whose name appears in the list published by the State Government
in the Rajasthan Gazette as prescribed in Rule 6 of these rules; (f)
'Mining' as specified in Schedule
'A' of these rules shall be construed as a reference to under ground work or
employment beneath the surface, to work or employment upon or about rock
crushers in a rock crushing station and to work or employment in a sample
crushing room or assay office or on any failings dump. For the purpose of these rules. Silicosis shall
mean Silicosis of the lungs. A person shall, for the purposes of these rules, be
deemed to have or to have had Silicosis:- (a)
in the
Ante-primary stage, when it is found on medically and radiological examination
that the earliest detectable specific physical signs of Silicosis are or have
been present, whether or not capacity for work is or has been impaired by such
Silicosis; (b)
in the
Primary stage, when it is found on medical and radiological examination that
definite and specific physical signs of Silicosis are or have been present and
that capacity for work is or has been impaired by that disease though not
seriously and permanently; (c)
in the
Secondary stage, when it is found on medical and radiological examination that
definite and specific physical signs of Silicosis are or have been present and
that capacity for work is or has been seriously and permanently impaired by
that decease; (d)
Silicosis
with active Tuberculosis is equivalent to secondary stage. (a)
Every workman who desires the grant of compensation under these rules
shall apply to the Commissioner in whose jurisdiction he resides in Form 'A' in
duplicate. (b)
Application
for compensation by dependants shall be made in Form 'B' and shall be
transmitted in duplicate to the Commissioner. The State Government shall under these rules
publish, from time to time, in the Rajasthan Gazette the names of Registered
Medical Practitioners who are empowered to carry out examinations and issue
certificates. The State Government may also appoint Medical
Officers in service as ex-officio examiners for the purpose of examination and
issue of certificates. (a)
The State Government shall establish a Medical Bureau consisting of
three or more Medical Practitioners or Officers with special knowledge of the
disease of the lungs and respiratory organs; and the Commissioner may, in cases
of doubt, or shall, in cases where the employer or the workmen is dissatisfied
with the certificate granted under these rules, refer the case to the Bureau. (b)
In all such
cases the applicant shall be x-rayed and clinically examined. The findings of
the Bureau shall be final. (1)
(a) Any applicant desiring to work in any of the industries specified in
Schedule 'A' after these rules have come into force, shall submit himself to a
medical examination by an examiner before whom he shall cause to appear by the
employer. (b) The examiner shall make such examination (including stethoscope
examination) of the applicant, as will enable him to fill in correctly the
initial certificate in Form 'C' that he is free from any disease of the lungs
and respiratory organs and is in other respect physically fit for the work for
which a certificate is sought. (c) Such certificate shall be transmitted to the applicant and shall be
valid for a period not exceeding five years. (d) After the initial examination, every workman shall be brought before
an examiner by the employer for medical examination at intervals of not more
than five years over a period not exceeding ten years, and thereafter at two
yearly intervals. (e) After every examination subsequent to the initial examination a
certificate in Form 'D' stating that the workman is not suffering from
Silicosis or a certificate in Form 'D' (a) 'stating that the workman is
suffering from Silicosis and in what stage, shall be issued and it shall be
duty of the employer to inform the workman of the contents thereof.' (2)
(a) Every workman who is already in service at the time when these rules
come into force, if he desires to become eligible for the benefits under these
rules, shall be duly medically examined by an examiner before whom he will be
caused to appear by the employer and if found suffering from Silicosis as
defined in Rule 4 he shall be entitled to compensation as provided for in the
Act. (b) If it is found not possible for such workman to be present for
initial examination and if he is not examined on the day he presents himself,
his name shall be entered in a register maintained for such a purpose and he
shall be deemed to have complied with the rules, provided that he reports
himself for examination without delay, on being notified subsequently by the
employer of a date and hour on which the examination will be carried out.
Failure on the part of the workman thus notified to present himself for
examination without sufficient cause shall render him ineligible for
compensation and shall release the employer from all obligation under these
rules should the workman at any other date present himself for examination and
be found to be suffering from Silicosis. (a)
Wherever the Commissioner considers it necessary to be satisfied by
post-mortem examination whether a deceased workman had Silicosis and having
obtained the previous consent of the legal representative of the deceased to
the performance of such post-mortem examination, he may request any Government
Medical Officer to conduct such an examination and send him a copy of Form 'E'
to be filled in by him. A medical examiner nominated by the employer shall be
given an opportunity to be present at such post-mortem examination and shall
either agree or disagree with the findings of the Government Medical Officer.
In the event of disagreement, the report on the case with the lungs shall be
referred to the Medical Bureau by the Commissioner for their opinion. (b)
The Medical
Officer so requested by the Commissioner shall, without avoidable delay, make
the necessary examination and forward his report to the Commissioner in Form
'E' and, if Silicosis has been found to be present in the lungs of the
deceased, such lungs shall accompany the report. When once a workman has accepted compensation, he
is prohibited from working again as such; but he is not obliged to accept
compensation and give up his occupation as such. If a workman continuous to work in any of the
industries specified in Schedule 'A' for a longer period than three months
after he has been certified to be suffering from Silicosis, he is not entitled
to a greater amount of compensation than that to which he was entitled when
first certified. But this loss of benefit does not extend to his dependants. Unless the context otherwise requires, the
provisions of the General Clauses Act, 1897 of the Central Legislature shall
apply to the interpretation of these rules as they apply to the interpretation
of a Central Act. [See Rules 1(2) and
9(1)(a)] Industries involving exposure to the risk of Silicosis 1.
Mining 2.
Porcelain
and Pottery Industries 3.
Cement
Industry 4.
Glass
Industry 5.
China Clay
and Talc Industries 6.
Sandstone
Industry 7.
Quarrying or
Crushing or Cutting of Stones 8.
Manufacture
of Bricks and Tiles 9.
Foundaries
and Metal Works Form 'A' The Rajasthan Silicosis Rules, 1955 Application for Payment of Compensation [See Rule 5(a)] 1.
The undermentioned workman, hereby apply under the Rajasthan Silicosis
Rules, 1955 for compensation for Silicosis contracted in the course of my
employment. 1.
Name in
full............................... 2.
Address in
full............................ 3.
Name and
Addresses and relationship of dependants............... 4.
Name of the
employer under whom the workman worked last with record of
service............................................ 5.
Particulars
of earnings.................. 6.
Particulars
of claim..................... I hereby declare that what is stated above is
correct. ............................... To, The Commissioner for Workmen's Compensation, The Rajasthan Silicosis Rules, 1955 Application for Compensation by a Dependant [See Rule 5(b)] I or we, the dependant or dependants of the
deceased workman named.................. an employee in the.................
(Name of the concern or firm) apply for compensation for Silicosis contracted by the workman in
the course of his employment and as a result of which he died. 1.
Name (s) of
dependant(s) in full................. 2.
Address....................... 3.
Age............................ 4.
Relationship
to the deceased workman.............................. 5.
Occupation........................................................ 6.
Particulars
of earnings........................................... 7.
Particulars
of claim.............................................. 8.
Name of the
deceased workman in full............................. with name of last
employer and record of services thereunder.......... 9.
Date of his
death................................................. 10.
Cause of his
death (Post-mortem certificate to be attached).. I/We hereby declare that I am/we are
the.................... of the late .................. and that the statements
contained in the above application form are true and correct. ............................. Form 'C' The Rajasthan Silicosis Rules, 1955 Initial Certificate (Issued without alteration) [See Rule 1(b)] Expires..................... (Name of concern or
firm) ........................................... Name in full........................... This is to
certify that the above named applicant on the .............. day of..........
19.......... underwent the examination prescribed by Rule 9(1)(a) of the
Rajasthan Silicosis Rules, 1955 and was then free from any disease of the lungs
and respiratory organs and was in other respects physically (1) (2) Examiner. Place......... Date.......... This certificate is to be kept clean and must be
produced at the next medical examination. This certificate expires on............... and will
be of no effect after that date. Form 'D' [See Rule 9(1)(e)] The Rajasthan Silicosis Rules, 1955 Periodical Certificate (Issued without alteration) Expires on.............. Name in full................ Address................... This is to certify that the above named workman on
the.......... day of........ 19............ underwent medical examination
prescribed by Rule 9{l)(d) of the Rajasthan Silicosis Rules, 1955 and that he
was not then suffering from Silicosis. Signature or left thumb impression of the workman. Marks of identification. (1) (2) Date .............. Signature of the Examiner This certificate is to be kept clean and must be
produced at the next medical examination. This certificate expires on the and will be of no
effect after that date. Form 'D' (a) [See Rule 9(1)(e)] The Rajasthan Silicosis Rules, 1955 Periodical Certificate (Issued without alteration) Expires on.................. Name in full.................. Address....................... This is to certify that the above named workman on
the............ day of............ 19........... underwent medical examination
prescribed by Rule 9(1)(d) of the Rajasthan Silicosis Rules, 1955 and that he
was then suffering from Silicosis. (State-stage). Signature or left thumb impression of the workman. Marks of identification:- (1) (2) Date.............. Signature of the Examiner This certificate is to be kept clean and must be
produced at the next medical examination. This certificate expires on the .................
and will be of no effect after that date. Form 'E' [See Rule 10(a)] The Rajasthan Silicosis Rules, 1955 Report on Post-mortem Examination I have this day at........ made a post-mortem
examination on a body. 1.
Name.................... 2.
Address................. 3.
Designation............. and as a result of my examination I find that (here
state what disease was found to be present)...... and I certify that the cause
of death was ............ and the deceased was (not) at the time of his death
suffering from Silicosis ....or that Silicosis was (not) present as a
contributing or predisposing factor or cause of his death or that Silicosis was
a predisposing but not a contributing cause of his death. If Silicosis was
present as a contributing or a predisposing cause of death state the condition
found in the organs stated below and comply with the provisions of Rule 10
printed below. Hilar Glands. Pleura Right Left Lungs Right Left Address............. Date................ ..................................... N.B. - Strike out inapplicable clauses and
attest.The Rajasthan Silicosis Rules,
1955????
In exercise of the powers conferred by Section 32 of the Workmen's Compensation
Act, 1923 (8 of 1923), the Government of Rajasthan is pleased to make the
following rules, the same having been previously published as required by
Section 32 of the said Act.
Schedule A
Signature of the applicant
.........................................District.
..................................................
Form 'B'
Signature (s) of the applicant(s).
fit for work in industries specified in Schedule 'A'.
Signature or left thumb impression of
applicant.
Marks of Identification-
Place ..............
Place.............
Any abnormalities in other organs.
Medical Practitioner.