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FORM F Abstracts of The Workmen Compensation Act, 1923 (English Version)

This document defines who qualifies as a "workman" under the Workmen's Compensation Act of 1923 in India. It provides 12 categories of employment that would be considered workmen, including those employed in factories with 20 or more people, in mines, on ships, in construction, on railways, and several other industrial occupations. The definitions are broad and aim to cover manual and industrial laborers working for employers in various hazardous sectors to provide them protection under the Act in the event of workplace injuries.

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0% found this document useful (0 votes)
645 views2 pages

FORM F Abstracts of The Workmen Compensation Act, 1923 (English Version)

This document defines who qualifies as a "workman" under the Workmen's Compensation Act of 1923 in India. It provides 12 categories of employment that would be considered workmen, including those employed in factories with 20 or more people, in mines, on ships, in construction, on railways, and several other industrial occupations. The definitions are broad and aim to cover manual and industrial laborers working for employers in various hazardous sectors to provide them protection under the Act in the event of workplace injuries.

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anant nagvekars
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© © All Rights Reserved
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(iii) employed for the purpose of making, altering, repairing, ornamenting,

FORM F
finishing or otherwise adapting for, transport or sale any article or part of an
(See rule 15) article in any premises wherein or within the precincts whereof twenty or
Abstracts of the Workmen's Compensation act, 1923 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
1. Definitions Section 2(1), section 2(1) (d)
(v) employed, in any mine as defined in clause (j) of section 2 of the mines Act,
(a) "Dependant" means any of the following relatives of a deceased workman, 1952, in any mining operation or in any kind of work, other than clerical
namely:— work, incidental to or connected with any mining operation or with the
(i) a widow, a minor legitimate son and unmarried legitimate daughter, or mineral obtained, or in any kind of work whatsoever below ground; or
a widowed mother; and
(ii) if wholly dependent on the earnings of the workman at the time of his (vi) employed as the master or as a seaman of
death, a son or a daughter who has attained the ages of 18 years and (a) any ship which is propelled wholly or in part by steam or other
who is infirm ; mechanical power or by electricity or which is towed or intended to
(iii) if wholly or in part dependant on the earnings of the workman at the be towed by a ship so propelled; or
time of his death
(b) any ship not included in sub-clause (a), of 25,000 kgs net tonnage or
(a) a widower; over; or
(b) a parent other than a widowed mother, (c) any sea-going ship not included in sub-clause (a) or sub-clause (b)
(c) a minor illegitimate son, an unmarried illegitimate daughter or a provided with sufficient area for navigation under sails alone; or
daughter legitimate or illegitimate if married and a minor or if (vii) employed for the purpose of
widowed and a minor.
(a) loading, unloading, fuelling, constructing, repairing, demolishing,
(d) a minor brother or an unmarried sister or a widowed sister if a cleaning or painting any ship of which he is not the master or a
minor, 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
(e) a widowed daughter-in-law,
discharges from or are to be loaded into any vessel; or
(f) a minor child of a pre-deceased son,
(b) warping a ship through the lock; or
(g) a minor child of a pre-deceased daughter where no parent of the
child is alive, a (c) mooring and unmooring ships at harbour wall berths or in pier; or

(h) a paternal grandparent if no parent of the workman is alive. (d) removing or replacing dry dock caisson when vessels are entering or
leaving dry docks; or
(b) Section 2(1)(g) - "Partial disablement" means, where the disablement is of a
temporary nature, such disablement as reduces the earning capacity of a (e) the docking or undocking of any vessel during an emergency; or
workman in any employment in which he was engaged at the time of the (f) preparing splicing coir springs and check wires, painting depth marks
accident resulting in the disablement, and where the disablement is of a on lock-sides, removing or replacing fenders whenever necessary,
permanent nature, such disablement as reduces his earning capacity in landing of gang-ways, maintaining life-buoys up to standard or any
every employment which he was capable of undertaking at that time: other maintenance work of a like nature; or
provided that every injury specified in Schedule 1, shall be deemed to result
(g) any work on jolly-boats for bringing a ship's line to the Wharf; or
in permanent partial disablement.
(viii) employed in the construction, maintenance, repair or demolition of –
(c) Section 2(1)(1) - "Total disablement" means such disablement, whether of a
temporary or permanent nature, as incapacitates a workman for all work (a) any building which is designed to be or is or has been more than one
which he was capable of performing at the time of the accident resulting in storey in height above the ground or 3.65 meters or more from the
such disablement: provided that permanent total disablement shall be ground level to the apex of the roof; or
deemed to result from the permanent total loss of the sight of both eyes or
(b) any dam or embankment which is twelve feet or more in height from
from any combination of injuries specified in Schedule I were the aggregate
its lowest to its highest point; or
percentage of the loss of earning capacity, as specified in that Schedule
against those injuries amounts to one hundred per cent. (c) any road, bridge, tunnel or canal; or
(d) Section 2(1)(n) - "Workman" means any person (other than a person whose (d) any wharf, quay, sea-wall or other marine work including any
employment is of a casual nature and who is employed otherwise than for moorings of ships; or
the purpose of the employer's trade or business) who is — (ix) employed in setting up, maintaining, repairing or taking down any telegraph
(i) a railway servant as defined in Section 3 of the Indian Railways Act, or telephone line or post or any overhead electric line or cable or post or
1890, not permanently employed-in any administrative, district or sub- standard or fittings and fixtures for the same; or
divisional office of the railway and not employed in any such capacity as
is specified in Schedule II, or (x) employed, otherwise than in a clerical capacity, in the construction, working,
(ii) employed on monthly wages not exceeding one thousand rupees, in repair or demolition of any aerial ropeway, canal, pipeline, or sewer; or
any such capacity as is specified in Schedule II, (xi) employed in the service of any fire brigade; or
whether the contract of employment was made before or after the passing of this (xii) employed upon a railway as defined in clause (4) of Section 3 and sub-
Act and whether such contract is expressed or implied, oral or in writing; but section (1) of Section 148 of the Indian Railway Act, 1890, either directly or
does not include any person working in the capacity of a member of the Armed through a sub-contractor, by a person fulfilling a contract with the railway
Forces of the Union; and any reference to a workman who has been injured shall, administration; or
where the workman is dead, include a reference to his dependants or any of
them. (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
SCHEDULE II any occupation ordinarily involving outdoor work in the Indian Posts and
List of persons who, subject to the provisions of Section 2(1)(n), are included in the Telegraphs Department; or
definition of workmen (xiv) employed, otherwise than in a clerical capacity, in connection with
The following persons are workmen within the meaning of Section 2(1)(n) and subject operations for winning natural petroleum or natural gas; or
to the provisions of that section, that is to say, any person who is— (xv) employed in any occupation involving blasting operations; or
(i) employed, otherwise than in a clerical capacity or on a railway, in (xvi) employed in the making of any excavation in which on any one day of the
connection with the operation or maintenance of a lift or a vehicle propelled preceding twelve months more than twenty-five persons have been
by steam or other mechanical power or by electricity or in connection with employed or explosives have been used, or whose depth from its highest to
the loading or unloading of any such vehicles; or its lowest point exceed 3.657 meters; or
(ii) employed, otherwise than in a clerical capacity, in any premises wherein or (xvii) employed in the operation of any ferry boat capable of carrying more than
within the precincts whereof a manufacturing processes as defined in ten persons; or
*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 (xviii) employed, otherwise than in a clerical capacity, on any estate which is
manufacturing process or with the article made, and steam, water or other maintained for the purpose of growing cinchona, coffee, rubber or tea and
mechanical power or electrical power is used; or on which on any one day in the preceding twelve months twenty-five or
more persons have been so employed; or
(xix) employed, otherwise than in a clerical capacity, in the generating, in the first column of Schedule IV, the amount shown against such limits in
transforming or supplying of electrical energy or in the generating or the third column thereof;
supplying of gas; or
(c) where permanent partial disablement results from the injury —
(xx) employed in a lighthouse as defined in clause (d) of Section 2 of the Indian
(i) in the case of an injury specified in Schedule I, such percentage of the
Lighthouse Act, 1927; or
compensation which would have been payable in the case of
(xxi) employed in a producing cinematography pictures intended for public permanent total disablement as is specified therein as being the
exhibition or in exhibiting such pictures; or percentage of the loss of earning capacity caused by that injury, and
(xxii) employed in the training, keeping or working of elephants or wild animals; (ii) in the case of an injury not specified in Schedule I, such percentage of
or the compensation payable in the case of permanent total
disablement as is proportionate to the loss of earning capacity
(xxiii) employed in the tapping of palm trees or the felling or logging of trees, or
permanently caused by the injury.
the transport of timber by inland waters, or the control or extinguishing of
forest fires; or 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
(xxiv) employed in operations for the catching or hunting of elephants or other
so in any cases as to exceed the amount which would have been payable if
wild animals; or
permanent total disablement had resulted from the injuries;
(xxv) employed as a driver; or
(d) where temporary disablement, where total or partial, results from the
(xxvi) employed in the handling or transport of goods in, or within the precincts of injury and the injured workman has been in receipt of monthly wages
(a) any warehouse or other place in which goods are stored, and in which falling within limits shown in the first column of Schedule IV, a half
on any one day of the preceding twelve months ten or more persons monthly payment of the sum shown against such limits in the fourth
have been so employed; or column thereof, payable on the sixteenth day —

(b) any market in which on any one day of the preceding twelve months (i) from the date of the disablement, where such disablement lasts for a
fifty or more persons have been so employed; or period of twenty-eight days or more, or
(ii) after the expiry of a waiting period of there days from the date of the
(xxvii) employed in any occupation involving the handling and manipulation of
radium or X-rays apparatus, or contact with radio-active substances; or disablement, where such disablement lasts for a period of less than
twenty-eight days,
(xxviii) employed in or in connection with the constructions, erection, dismantling,
operations or maintenance of an aircraft as defined in Section 2 of the and thereafter half-monthly during the disablement or during a period of five.
Indian Aircraft Act, 1934; or years, whichever period is shorter
Provided that
(xxix) employed in farming by tractors or other contrivances driven by steam or
other mechanical power or by electricity; or (a) there shall be deducted from any lump sum or half-monthly payments to
(xxx) employed otherwise than in a clerical capacity, in the construction, working, which the workman is entitled the amount of any payment or allowance
repair or maintenance of a tube-well; or which the workman has received from the employer by way of
compensation during the period of disablement prior to the receipt of such
(xxxi) employed in the maintenance, repair or renewal of electric fittings in any lump sum or of the first half-monthly payment, as the case may be; and
building; or
(b) no half-monthly payment shall in any case exceed the amount if any, by
(xxxii) employed in a circus. 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
Explanation - In this Schedule, "the preceding twelve months" relates in any particular the accident.
case to the twelve months ending with the day on which the accident in such case (2) On the ceasing of the disablement before the date on any half-monthly
occurred. 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.
(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.
2. Employer's liability for compensation (Section 3 (1))
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 11 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.
3. Amount of compensation (Section 4)
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

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