Borkar & Associate

Applicability to all persons covered under
definition of Employee u/s. S. 2(1)(dd)

A railway servant not in administrative capacity or as per sch II. Members of crew of aircraft, ship or employee in motor vehicle. Persons working outside India in capacity under Sch. II and Co. regd. in India. Employed in any capacity under Sch. II. Important Note- Act applies to establishments in Maharashtra by virtue of Sec. 38-A of Bombay Shops & Establishment Act, 1948.
S. 2(1)(d) Dependant-

A widow, minor son and and unmarried daughter (legitimate or adopted), widowed mother Those who are wholly or partially dependent on employee
Non-applicability of the Act-

Members of Armed Forces of Union. [S. 2(1)(dd)] Factory where ESI Act applies. [S. 10B]
S. 3(2) Occupational disease-

Disease contracted while in employment under Part A, B, C of Sch. III. It is deemed accident arising out of and in course of employment.
S. 3(1) Liability for compensation-

For injuries arising out of and in course of employment which includes injury under Part I & II of Sch I and Occupational diseases under Part A, B, C, of Sch III. No liability if accident is due to influence of drinks/drugs. Wilful disobedience to any order or disregard to safety guard for the safety of employee. [S. 3(1)(b)]
S. 4(1) Calculation of compensation-

Death-50% of monthly wages X Relevant factor or 1,20,000 whichever is more. Permanent total disablement - 60% of monthly wages X relevant factor or 1,40,000 whichever is more. (Relevant factor is mentioned in column II of Sch. IV) Permanent partial disablement - If scheduled injury-% of compensation for total disablement as loss of carning capacity. If non-scheduled injury % of compensation for total disablement in proportion to loss of earning capacity. Loss of carning capacity to be assessed by qualified medical practitioner. Temporary disablement - 25% of monthly wages in half monthly payments.
S.4A(3) Penalty-

Not exceeding 50% of compensation is payable in case of default of 1 month in paying compensation, a/w interest..
S. 4(1B) Monthly Wages

Monthy wages is fixed at 8000 with effect from 31.05.2010 for calculating compensation
S.8(1) Compensation for deceased etc. -

Cannot be made directly by the employer, it is to be deposited with the Commissioner.
S. 10(1) Limitation -

For claiming compensation - 2 years from date of accident
S. 12 Contracting

Principal employer is liable to pay compensation to contract employee employed in connection with his trade/business with right of indemnity from contractor.
S. 14 Insolvency of employer -

In case of insolvency of employer, insurer is liable to pay compensation. If liability of insurer is less balance is recoverable from insolvency/liquidation proceedings.
S. 17A Right to Compensation

Employer is to inform employee immediately at the time of his employment his right to compensation in writing as well as through electronic means.
S. 28 Registration of agreements-

Agreement between employer and employee as to amount of compensation to be registered within 7 days, if genuine
S. 30Appeals -

Is made from orders of Commissioner regarding amount of compensation, interest, penalty etc. with in a period of 60 days to High Court.
S. Offence

18A Failure to:- (a) Maintain notice book as per S. 10(3) (b) Send statement to Commissioner as per S. 10(1) (c) Send report of fatal accident as per S. 10B (d) Make returns as per S. 16 (e) Inform employee at the time of his employments his rights to compensation u/s. 17A. Penalty. Fine not less than ₹50,000 extendable upto I Lakh

THE EMPLOYEES' COMPENSATION ACT, 1923
(Act No. 8 of 1923)

Applicability to all persons covered under
definition of Employee u/s. S. 2(1)(dd)

S. 2(1)(d) Dependant-

Non-applicability of the Act-

S. 3(2) Occupational disease-

S. 3(1) Liability for compensation-

S. 4(1) Calculation of compensation-

S.4A(3) Penalty-

S. 4(1B) Monthly Wages

S.8(1) Compensation for deceased etc. -

S. 10(1) Limitation -

S. 12 Contracting

S. 14 Insolvency of employer -

S. 17A Right to Compensation

S. 28 Registration of agreements-

S. 30Appeals -

S. Offence

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THE EMPLOYEES' COMPENSATION ACT, 1923 (Act No. 8 of 1923)

Applicability to all persons covered under definition of Employee u/s. S. 2(1)(dd)

S. 2(1)(d) Dependant-

Non-applicability of the Act-

S. 3(2) Occupational disease-

S. 3(1) Liability for compensation-

S. 4(1) Calculation of compensation-

S.4A(3) Penalty-

S. 4(1B) Monthly Wages

S.8(1) Compensation for deceased etc. -

S. 10(1) Limitation -

S. 12 Contracting

S. 14 Insolvency of employer -

S. 17A Right to Compensation

S. 28 Registration of agreements-

S. 30Appeals -

S. Offence

Contact Us

Explore Links

FOLLOW US

THE EMPLOYEES' COMPENSATION ACT, 1923
(Act No. 8 of 1923)

Applicability to all persons covered under
definition of Employee u/s. S. 2(1)(dd)