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Section 19 in The Personal Injuries (Compensation Insurance) Act, 1963
19.
/849Statement of Objects and Reasons.-Under section 4 of the Personal Injuries (Emergency Provisions) Act, 1962, the liability of an employer to pay compensation for personal injuries (i.e. war injury) under the Workmen's Compensation Act, 1923, or the Employees' State Insurance Act, 1948, has been removed. The present Bill seeks-(i) to impose on the employers of workmen in factories, mines, major ports, plantations, essential services, etc., the liability to pay compensation in respect of personal injuries to the extent the amount of compensation payable under the Workmen's Compensation Act, 1923, exceeds the amount of compensation payable under the Personal Injuries (Emergency Provisions) Act, 1962;(ii) to provide for a scheme of insurance of the liability by the employers with Government based on premium rates which can be varied with reference to the actual nature or extent of the liability as it may exist from time to time.2. The Bill provides for payment of compensation on a uniform basis irrespective of the fact whether a workman is covered by the Workmen's Compensation Act, 1923 or the Employees' State Insurance Act, 1948. This has been considered necessary from the point of view of the practicability, equity and the fact that the quantum of benefits under the latter Act is not fixed automatically as in the case of the former Act.3. The premium payable by employers for compulsory insurance will be collected at quarterly intervals as is being done under the Emergency Risks (Factories) Insurance Act, 1962.4. Exemption from compulsory insurance is proposed to be granted to small establishments whose total wages bill for any quarter is less than Rs. 1,500 because the cost of collecting the premium and the administrative charges in their case is likely to be out of proportion to the realisations made.5. The various provisions of the Bill are explained in the notes on clauses.Amendment Act 75 of 1971-Statement of Objects and Reasons.-The Personal Injuries (Compensation Insurance) Act, 1963, was enacted during the last emergency in order to provide for payment of compensation to certain classes of workers like workers in factories, mines, plantations and major ports for personal injuries (i.e., war injuries) in addition to the relief provided under the Personal Injuries (Emergency Provision--) Act, 1962, that the total benefit received will be about the same as under the Workmen's Compensation Act, 1923. The liability to pay compensation under the Workmen's Compensation Act, 1923, and the Employees' State Insurance Act, 1948, ceases to exist in the case of such injuries and the workmen covered by these Acts draw relief under the Personal' Injuries (Emergency Provisions) Act, 1962, supplemented by compensation under the Personal Injuries (Compensation Insurance) Act, 1963.2. The Personal Injuries (Compensation Insurance) Act, 1963,(i) imposes on the employers of workmen the liability to pay compensation in respect of personal injuries to the extent the amount of compensation payable under the Workmen's Compensation Act, 1923, exceeds the amount of relief payable under the Personal Injuries (Emergency Provisions) Act, 1962; and(ii) provides fot a scheme of insurance of the liability by the employers with Government based on premium rates which can be varied with reference to the actual nature or extent of the liability as it may exist from time to time.3. The Personal Injuries (Compensation Insurance) Act, 1963, is still in force but is related to the last period of emergency. The Bill seeks to extend the Act to the present emergency. It empowers the Central Government to formulate a different scheme to cover the claims during the present emergency. Provision has also been made in the Bill to ensure that the validity of the claims allowed during the last emergency is not affected by the amendments to the Act.[8th October, 1963]An Act to impose on employers a liability to pay compensation to workmen sustaining personal injuries and to provide for the insurance of employers against such liability.Be it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:-| Brought into force on 1.11.1965. |