No. L.-1189. In exercise of the powers conferred by Section 16 of the Workmen's Compensation Act, 1923 (VIII of 1923) and in supersession of the Notification of the Government of India in the Department of Industries and Labour, No. L.-1189, dated the 26th June, 1924, the Governor-General-in-Council is pleased to direct that an annual return in the form set forth in the Schedule hereto annexed shall be furnished by every person employing workmen who are
(a) employed in a place which is a factory within the meaning of clause (j) of Section 2 of the Factories Act, 1934;
(b) employed within the meaning of clause (d) of Section 3 of the Indian Mines Act, 1923, in any mine which is subject to the operation of that Act;
(c) employed as railway servants otherwise than in a factory or mine;
(d) employed, otherwise than in a clerical capacity or in a factory or mine, in connection with the operation or maintenance of a tramway as defined in Section 3 of the Indian Tramways Act, 1886;
(e) employed in any of the following categories but not falling under any of the foregoing heads, (a), (b), (c) and (d)
(i) otherwise than in a clerical capacity in the service of any Port Trust or Port Commission within the limits of any port subject to the Indian Ports Act, 1908;
(ii) in the manufacture or handling of explosives in any premises wherein, or within the precincts whereof, on any one day of the preceding twelve months, ten or more persons have been so employed;
(iii) in the service of any Fire Brigade;
(iv) otherwise than in a clerical capacity in connection with operations for winning natural petroleum or natural gas;
(v) 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;
(vi) otherwise than in a clerical capacity in the generating, transforming or supplying of electrical energy;
(vii) in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures.
2. The return which shall relate to a calendar year shall be furnished on or before the 1st February following the year to which the return relates, and the first return shall relate to the year 1935.
3. The return shall be signed: (a) by the employers, or where there is more than one employer by any employer, or (b) by any person directly responsible to the employer or employers for the management of the establishment to which it relates.
4. The return shall be furnished
(a) for workmen of all categories except (c) in Paragraph 1
(i) in the Punjab to the inspector of factories;
(ii) in other States to the Commissioner for Workmen's Compensation for the area within which the said workmen are normally employed unless the State Government by notification in the Official Gazette specifies any other authority to whom the return shall be furnished;
(b) for workmen falling in category (c) in Paragraph 1
to the Secretary to the Railway Board (Railway Department), Government of India.
5. When the State Government or the Railway Board so direct, the return shall be furnished in duplicate.
6. Notwithstanding anything hereinbefore contained, the aforesaid return is not required to be submitted by any employer in respect of compensation paid on account of injuries suffered by his workmen during any period for which his liability under the Act has been insured with Mutual Indemnity or other Insurance Company or during which he is a member of an association of employers which deals on behalf of its members with claims for compensation under the Act, if such company or association has with the consent of the local Government undertaken to submit returns as nearly as may be in the form set forth in the Schedule hereto annexed in respect of the employers insured with such company or belonging to such association. Such undertaking shall provide that the said returns shall be submitted not later than the 1st February, or at the direction of and subject to such conditions as the local Government may impose, the 1st March, following the year to which they relate.
| State . District .. Town or Village . Post Office .. |
|
(to be omitted in case of railways) |
| Name of establishment1 . Name of work2 .. Average numbers3 employed per day . |
||
Adults ..
Minors ..
| Accident |
Occupational diseases2 |
|||
| Number of cases of injuries4 in respect of which final compensation has been paid during the year |
Amount of compensation paid5 |
Number of cases of diseases4 in respect of which final compensation has been paid during the year |
Amount of compensation paid |
|
| Death |
Permanent disablement |
Temporary disablement |
Death |
Permanent disablement |
Temporary disablement |
Name of disease |
Death |
Permanent disablement |
Temporary disablement |
Death |
Permanent disablement |
Temporary disablement |
|
| Rs |
Rs |
Rs |
Rs |
Rs |
Rs |
||||||||
| Adults |
|||||||||||||
| Minors |
| Dated . 20. |
(Signed) (Designation) |
Notes. (1) In cases where more establishments than one are owned by the same employer, a separate return should be furnished for each establishment. When in any establishment the workmen employed fall in two or more of the distinct categories to which the return relates, e.g., in the case of a tea estate categories A and B (v) a separate sheet should be used for the statistics of each category.
(2) Enter the class of establishment according to the process or product, e.g., cotton weaving and spinning factory, coal mine.
(3) Include all employees whether permanent or temporary who would, in the case of accidents, be eligible for compensation under the Act and for whom a return is required to be furnished. Numbers employed should be shown even if there are no payments of compensation to report.
(4) Include only those cases in which the final payment of compensation was made during the year. A deposit with the Commissioner should be treated as a payment by the employer.
(5) Include all compensation paid in respect of the cases mentioned in footnote (4), whether such compensation was paid during the year or previous to its commencement. Exclude all payments in cases in which the final payment had not been made by the end of the year to which the return relates.
(6) Only such disablement as last for more than seven days should be shown [Section (4)(1)(d) of the Act].
(7) Where the benefit actually allowed (e.g., hospital leave on full pay) is in excess of the compensation admissible under the Act, only the amount of the compensation so admissible should be entered in the return.
(8) Viz., anthrax, lead poisoning, phosphorus poisoning, mercury poisoning, benzene poisoning, chrome ulceration and compressed air illness only.
(9) Enter separately each of the disease specified in footnote (8) which resulted in cases in respect of which compensation was paid.