The Personal Injuries (Compensation Insurance) Act, 1963 enacted as the employer must hold the liability and responsibility to pay the compensation to the employee as workmen where the workmen sustained personal injuries in the course of employment and employer has to provide workmen the insurance against the liability. Act came in to force by the date as Central Government by notification appoints. Act consists of 24 Sections in brief and extends to the whole of India. The Act describes the term which is of major importance under the Act it called as partial disablement and total disablement. Partial disablement means the disablement for the temporary nature or permanent nature which reduces the earning capacity of workmen who employed in any employment at the time of injury. Total disablement speaks where the disablement of workmen whether temporary or permanent nature it makes the worker incapable for all the work which he is engaged at the time of injury been sustained. Permanent total disablement had been result of every injury or combination of several injuries where the percentage or result of such injuries amounts to hundred percentages as specified in the Schedule.
The Act defines Workmen in Section 3 of the Act and it means the person referred to as workmen who employed in any employment or class of employment as referred in Defence of India Rules, 1962, Factories Act, 1948, Mines Act, 1952, Plantations Labour Act, 1951 or any workmen who employed by the Central Government by notification in the official Gazette. The Act limits the right to receive compensation payable to the workmen as specified in Section 5 and any person who employed as workmen in Government office has right to receive the further amount which describes as the amount of compensation which payable under the Act.
Amount of compensation which payable to workmen differs from the condition of workmen to workmen who regard to the total disablement, partial disablement or death of the workmen as specified in Section 7. Central Government by notification in the Official Gazette initiated a Scheme which known as the Personal Injuries (Compensation Insurance) Scheme. Where the Scheme initiated for the purpose where the Central Government undertakes the workmen and liabilities of insuring the employers against liabilities incurred under the Scheme.
Every employer or workmen be entitled to the compulsory insurance to whom the Act applicable. Under Section 9 of Act specifies the limit for compulsory insurance as it entitled to every workmen as specified in the Act but after the commencement of the Act it specifies that the wages of the workmen should not be exceeded fifteen thousand of rupees. The information specified in Section 9 of the Act shall not be bound on by the Government. The Central Government by notification has the authority to employ any person to act as it agent to carry out the functions as laid in the Act and to pay the persons as remuneration. As the Act laid down to protect the workmen or employee as specified and only the Central Government has the authority to employ any agents and no other employee or persons take care of insurance as specified in Section 12.
Central Government after appropriation made initiated Personal Injuries (Compensation Insurance) Fund as specified in Section 13, all the sums received by the Central Government by means of payment, premium or composition be transferred to the Fund and no payment be made to the workmen who employed in discharge of liability made under the Act. Under Section 14 any person who authorized under Central Government has power to obtain information relating to the accounts, books from any employer regarding to the proper layment of requirements of Act and scheme under the Act and any person who fails to comply with the information be punishable. Where any employer who made default or failed to insure the payment of compensation be liable to pay the amount with the penalty as specified in the Section 16. No suit or legal proceedings could be initiated or maintainable against the Central Government, or person acting as a agent as Act laid for the purpose in good faith. Central Government has authority and power to make rules and every rule which made should be included must need to be laid before the house of Parliament.
by Priyadarshini Chandrasekar.