Union of India - Act
The Personal Injuries (Compensation Insurance) Scheme, 1972
UNION OF INDIA
India
India
The Personal Injuries (Compensation Insurance) Scheme, 1972
Rule THE-PERSONAL-INJURIES-COMPENSATION-INSURANCE-SCHEME-1972 of 1972
- Published on 25 May 1972
- Commenced on 25 May 1972
- [This is the version of this document from 25 May 1972.]
- [Note: The original publication document is not available and this content could not be verified.]
19.
/851In pursuance of section 8 of the Personal Injuries (Compensation Insurance) Act, 1963 (37 of 1963), the Central Government hereby makes the following Scheme, namely:-1. Short title and commencement .-(1) This Scheme may be called the Personal Injuries (Compensation Insurance) Scheme, 1972.
2. Interpretation .-In this Scheme, unless the context otherwise requires,-
3. Employer's obligations .-(1) Every employer shall take out in the manner indicated in this Scheme, a policy of insurance as laid down in section 9 and pay such advance premiums as may be notified under clause 8 and such final premium as may after the expiry of the period of the emergency be notified under clause 6.
4. Application for insurance .-(1) Every employer required to take out a policy of insurance under section 9 shall apply to the Government Agent or to such officer as may be authorised by the Government Agent in this behalf, for insurance.
5. Issue of policy .-If the application has been correctly made out in Form A and is accompanied by a treasury challan evidencing full advance premium required under clause 8 into a Government Treasury under the head of account the Government Agent shall issue a policy of insurance as soon as possible, after the receipt of the application.
6. Amount of premium .-(1) The total premium due on a policy of insurance shall be determined by the Central Government by a notification in the Official Gazette within nine months after the termination of the period of emergency.
7. Manner of assessing final premium .-For the purpose of calculating the total premium due from any employer on a policy of insurance, the total wages bill of that employer for the four complete quarters preceding the date of termination of the period of emergency shall be the wages bill on which percentages will be charged:
Provided that in respect of an employer who has gone out of business before that date, the period shall be the four complete quarters preceding the date on which he goes out of business.8. Advance of premium .-(1) The amount of the advance premium payable [for the quarter ending 31st December, 1971], against the total premium to be determined under clause 6 shall be at the rate of three paise per one hundred rupees of the relevant wages bill.
9. Value in lump sum of amounts payable under Personal Injuries (Emergency Provisions) Act, 1962.-The value in lump sum of the pensions and allowances payable under the Personal Injuries (Emergency Provisions) Act, 1962 and specified in column 1 of the Table below shall be the corresponding amount indicated in column 2 thereof:--
TABLE| Pension and allowances | Value in lump sum |
| (1) | (2) |
| (i) Disability pension for 100% disablement | Rs. 6,900 |
| (ii) Family pension and children's | Rs. 6,900 |
10. Amount of compensation .-(1) Subject to the provisions of section 7 read with clause 9 and sub-clause (2) of this clause, the amount of compensation payable shall be as follows:-
(a)Where death results from the injury and the deceased person has been in receipt of monthly wages falling within limits shown in the first column of the Annexure-the amount shown against such limits in the corresponding entries in the second column thereof;(b)Where permanent total disablement results from the injury and the injured person has been in receipt of monthly wages falling within the limits shown in the first column of the Annexure-the amount shown against such limits in the corresponding entries in the third column thereof;(c)Where permanent partial disablement results from the injury--(i)in the case of an injury specified in the Schedule to the Act such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by the injury, and(ii)in the case of an injury not specified in the Schedule to the Act. such percentage of the compensation payable in the case of permanent total disablement as proportionate to the loss of earning capacity permanently caused by the injury;(d)Where temporary disablement, whether total or partial, results from the injury and the injured person has been in receipt of monthly wages falling within limits shown in the first column of the Annexure, a half monthly payment of the sum shown against such limits in the corresponding entries in the fourth column thereof payable on the sixteenth day--(i)from the date of the disablement, where such disablement lasts for a period of twenty-eight days or more; or(ii)after the expiry of a waiting period of three days from the date of the disablement where such disablement lasts for a period of less than twenty eight days, and thereafter half-monthly for so long as he receives any payment under the Scheme made under the Personal Injuries (Emergency Provisions) Act, 1962.11. Title to compensation .-Compensation in respect of a qualifying injury sustained by a workman shall be admissible only if the injury was sustained at any time--
12. Advance payment by employers .-(1) The employer of a workman sustaining a qualifying injury may grant to the workman himself or in the year of his death to any person to whom compensation would be payable under clause 18 an advance on account of compensation not exceeding two hundred rupees.
13. Application for compensation .-(1) An application for compensation under this Scheme shall be made to the Claims Officer of the area where the injury was sustained within eight months after the date of sustaining the qualifying injury by any of the following persons in the manner laid down in clause 14, namely:--
(i)the workman, or(ii)in case of workman's death, an eligible member of the workman's family.14. Application for compensation by workman, employer or any person authorised in this behalf .-(1) An application for compensation by the workman sustaining the qualifying injury shall be made in Form G to the Claims Officer through the person in charge of the hospital or dispensary where he last received or is receiving treatment, or if he has not been treated in any hospital or dispensary, through the Medical Officer of Government or a registered medical practitioner, if any, who last treated him for the injury, and shall be countersigned by such person, officer or practitioner.
15. Certification by employer .-(1) On receipt of an application for compensation in Form G, H or I the Claims Officer shall require the employer to submit a return in duplicate in Form J within such time as may be prescribed by the Claims Officer.
16. Duplicate copy of Form J to be sent to Government agent .-(1) The Claims Officer shall forward the duplicate copy of the return in Form J received under sub-clause (1) of clause 15, to the Government agent.
17. Award for payment of compensation .-(1)(a) When an application for compensation under this Scheme is received, the Claims Officer shall, after considering the reports and certificates pertaining to the case and after obtaining such other evidence, if any, as he considers necessary, and in addition to the award under the Scheme made under the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962), make another award, or awards in Form K when there are several eligible members, under the provisions of this Scheme for the payment of compensation under the provisions of the Act.
(b)The Central Government may make a similar award in respect of cases in which relief has been granted under clause 46 of the Scheme made under the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962).(c)(i)A signed and sealed copy of the award shall be given to the person in whose favour the award is made or to his authorised agent;(ii)a true copy shall be sent to the employer of the workman concerned together with attested specimens of thumb and finger impressions of the payee and his signature, if literate;(iii)a true copy shall be sent to the Post Office where the payment is to be made, together with attested specimens of the thumb and finger impressions of the payee and his signature, if literate;(iv)and another true copy shall be sent to the audit officer specified for this purpose by the Director General of Posts and Telegraphs.18. Distribution of compensation .-The amount of compensation in respect of death shall be paid and distributed by the Claims Officer in like manner as compensation in respect of a workman whose injury has resulted in death is paid and distributed by a Commissioner under section 8 of the Workmen's Compensation Act, 1923, except that the payment shall be made through an award in Form K, under clause 17.
19. Payment by instalments .-(1) When compensation admissible under the Act to any person is less than or equal to, five hundred rupees, it shall be paid as lump sum.
20. Place of payment .-(1) Compensation under this Scheme shall be payable at all head and sub-post offices and such branch post-offices in India as may be authorised in this behalf by the head of the circle or in the case of Nagaland by the Deputy Commissioner or the Sub-Divisional Officer.
21. Power to withhold, etc., of award .-The Claims Officer may withhold, cancel, review or alter an award under this Scheme under the same conditions and circumstances as are specified for the withholding, cancellation, review or alteration, as the case may be, of an award made under the Personal Injuries (Emergency Provisions) Scheme, 1971, in respect of the same workman and in respect of the same injury:
Provided that no such withholding, cancellation, review or alteration shall be made to recover any amounts already paid under this Scheme:Provided further that the amount of compensation shall not be increased beyond the limits specified in, or for the purpose of this Scheme.22. Right of appeal .-An appeal against any order made by the Claims Officer under this Scheme shall lie to such authority as may be specified in this behalf by the Central or the State Government.
23. Exemption of employers .-An employer desiring to be exempted from the provisions of the Act under section 21 shall make an application to the Central Government in Form L.
24. Submission of details by contractors .-The liabilities under this Scheme of the Contractor and the principal as defined in section 10, shall be as follows:-
The Contractor .-(a) The contractor shall be under an obligation in like manner as if he were any other employer for insuring the workman working under him.25. Penalties.-Any person who contravenes any requirement of the scheme shall be punishable for every such contravention with fine which may extend to two thousand rupees.
ANNEXURE Amount Of Compensation Payable(See clause 10)| Monthly wages of workman injured | Amount of compensation for | Half-monthly payment as compensation for temporary disablement | ||
| Death | Permanent total disablement | |||
| 1 | 2 | 3 | 4 | 5 |
| More than | But not more than | Rs. | Rs. | Rs.Paise |
| 0 | 50 | Nil | Nil | Nil |
| 50 | 60 | Nil | Nil | 1.00 |
| 60 | 70 | Nil | Nil | 1.00 |
| 70 | 80 | Nil | Nil | 2.50 |
| 80 | 100 | Nil | 1500 | 8.50 |
| 100 | 150 | 100 | 2900 | 20.00 |
| 150 | 200 | 100 | 2900 | 35.00 |
| 200 | 300 | 1100 | 4300 | 52.50 |
| 300 | 400 | 2100 | 5700 | 57.50 |
| 400 | - | 3100 | 7100 | 70.00 |
1. Employer's Name:
2. Business Address:
3. Date on which the employer became liable to take out the insurance:
4. Description of trade or business and Schedule of employees:
| Name of premises, factories, mines or establishments where employees covered by the Act normally work | Address | Nature of trade or business | Industry/group to which the trade or Business belongs for list see para.3 overleaf) | No. of employees at the beginning of the current quarter | Actual* wages Including overtime wages paid during the previous quarter | Cash* allowances | Total wages and allowances (6) plus(7) |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
5. Advance against premium calculated to the nearest Rupee at ......................................per cent, equal to Rs ................
6. Have you employed any contractor or contractors in the preceding quarter(s)? If so give:
| Name of contractor(s) | Period ofcontract | Approximate number of persons employed |
| _________________ | _________________ | _________________ |
| _________________ | _________________ | _________________ |
1. Liability.-The above Act imposes on employers of persons engaged in essential services, in factories, mines, major ports, plantations and other employments to be specified, an obligation to pay compensation in respect of personal injury to their employees amounting to the difference between the amount which would have been payable under the Workman's Compensation Act, 1923, and the amount paid by Government under the, Personal Injuries (Emergency Provisions) Scheme, 1962, if the personal injury had given a right to compensation thereunder. The Act extends to the whole of India.
2. Compulsory Insurance.-All employers to whom the Act applies must insure their liability with the Central Government and the Act prescribes heavy penalties for failure to ensure or failure to pay any advance against premium due or failure to pay compensation due under the Act.
3. Employers to whom the Act applies.-The Act applies to all employers throughout India of persons employed in--------
4. Employers not required to insure.-The following classes of employers are not required to insure under the Act:
5. Employees included.-All direct employees including Managers, Supervisors, Assistants, etc., and all contractors' employee (see definition of "Contractor") are included in the Scheme. It should be noted that all employees in the employments referred to are covered and the application of the Act is not restricted to a specific class, e.g., "workers" defined in the Factories Act.
6. How to insure.-The application Form should be completed and forwarded in duplicate to the Government Agent.
All applications must be accompanied by a treasury challan evidencing the payment of the requisite advance premium into the Treasury/Reserve Bank of India/State Bank of India, as the case may be, the advance premium being calculated to the nearest rupee.7. Date by which policy to be taken.-An application for taking out a policy of insurance shall be made:
8. Rate of premium.-The total premium payable will be decided by Government after the termination of the emergency when the total liability has been ascertained. In the meantime, employers will be required to pay to Government periodic advance payments against this premium and the amount of advance premium payable during any quarter shall be such percentage of the wages bill of the previous quarter as may be notified by the Central Government from time to time.
The rate of the advance premium for the quarter ending [31st December, 1971] [Substituted by Personal Injuries (Compensation Insurance) (Amendment) Scheme, 1973] has been fixed at three paise per Rs. 100 of the wages bill in respect of the quarter ending 5[30th September, 1971.9. Definition of "Wages Bill".-For the purpose of computing the "wages bill" on which is based the amount of premium, the total is taken only of the gross cash wages including overtime wages and allowances of all workmen excluding all that part of gross cash wages and allowances of individual employees which exceed Rs. 500 per month and bonus paid on profits.
It is the wages bill so computed that should be entered in the application form.10. Definition of "Contractor".-Please see section 10 of the Act; Unlike the provisions of the Workmen's Compensation Act, 1923, the "contractor", is liable in respect of workman whose services are temporarily lent or let on hire to another.
The liabilities of the Principal and Contractor under the Scheme are as follows:The Contractor.-(a) The contractor shall be under an obligation in Like manner as if he were any other employer for insuring the workman working under him.11. Definition of "Quarter".-A "quarter" means a period of three months commencing on the 1st day of April, July, October and January.
For "relevant quarter" for which the wages are calculated and calculation of advance premium please see clause 8.FORM B[See clause (6)]Acknowledgment Of First Application With Ci-Iallan Received| Insured's Policy No. | ||
| Name | Received application No............ | Dated...................... |
| Business Address | ||
| Trade or Business | ||
| Treasury | ||
| Reserve Bank | ||
| State Bank | ||
| Date |
| Insured's Policy No. | ||
| Name | Amount | |
| Business Address | Treasury | |
| Trade or Business | Reserve Bank | |
| State Bank | ||
| Date |
5. Where any person has a right apart from the provisions of this Act and of the Personal Injuries (Emergency Provisions) Act, 1962, to receive compensation (whether in the form of gratuity, pension, compassionate payment or otherwise) or damages from an employer in respect of a personal injury in respect of which compensation is payable under this Act, the right shall extend only to so much of such compensation or damages as exceeds the amount of compensation payable under this Act.
FORM K[See clause 17(1)]Award Under The Personal Injuries Compensation Insurance SchemeImportant:-In the case of Government servants no award shall be made except in accordance with clause 10(2) of the Scheme, which reads as follows:"(2) Notwithstanding anything contained in sub-clause (1), the amount of compensation payable to a Government servant under this Scheme shall in accordance with section 6 of the Act be equal to the amount of compensation that would have been payable under sub-clause (1) plus the appropriate lump sum value of the payments under the Personal Injuries (Emergency Provisions) Act, 1962, specified in clause 9 of this Scheme, reduced by the lump sum value of the extraordinary pension, gratuity, compassionate payment or damages payable to him under the rules regulating the conditions of his service."Claims Officer for(area)Name of Claims OfficerName of person sustaining qualifying injury/killedName of father of such person(in case of married woman, of husband)Date and place of injury/deathAge ............................................................................ ResidenceProfession ......................................................................NationalityCompensation in favour of (block capitals)Name of father of such person if other than the person sustaining qualifying injury (in the case of married woman, of husband)Description of such personAge .............................................................................. ResidenceProfessionAmount of compensationA lump sum of Rs ...........................and in addition a payment of Rs..........................per month/quarterGuardian, if anyPeriod for which the monthly/quarterly payment is sanctioned with the date of commencementPayable at ..............................Post Office on the...............of each ................................................Being satisfied that the sum of Rs ................the amount/unpaid balance of an advance payment made in accordance with sub-clause (1) of clause 12 of the Personal Injuries (Compensation Insurance) Scheme, 1972 by ......................(Name and address) the employer of..........in respect of whose injury this award is made, is due to the said employer, I direct that the said sum be deducted from the sums payable under this award in the following manner:Deduction. from lump sum payment of Rs............and in addition deduction of Rs ...............per month/quarter for...................months/quarters...............................................Date and signature of Claims OfficerForwarded to the payeeName and address of PayeeCourt's SealCopy forwarded to--| Period | Amount of Award | Signature or thumb impression of payee | Signature of Postmaster or other authorized officer | Date & Stamp of office | Amount of advance of Rs. _____________ be recovered in lump / instalment of Rs. ___________ each payment for remittance to the employer |
| 1 | 2 | 3 | 4 | 5 | 6 |