Labour laws course materials




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PART I

LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT

Serial No. Description of injury Percentage of of loss

earning capacity

1 Loss of both hands or amputation at higher sites 100

2 Loss of a hand and foot 100

3 Double amputation through leg or thigh,

or amputation through leg or thigh on one side

and loss of other foot 100

4.Loss of sight to such an extent as to render the claimant unable to perform any

work for which eye sight is essential 100

5 Very severe facial disfigurement 100

6 Absolute deafness 100


PART II


LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT
Amputation Cases - Upper limbs - Either arm

1 Amputation through shoulder joint 90

2. Amputation below shoulder with stump

less than 20.32 cms. from tip of acromion 80





  1. Amputation from 20.32 cms. from tip of acromion 70

to less than 4" below tip of olecranon

  1. Loss of a hand or of the thumb and four fingers

of one hand or amputation from 11.43 cms. below tip of olecranon 60

5. Loss of thumb 30

6 Loss of thumb and its metacarpal bone 40

7 Loss of four fingers of one hand 50

8 Loss of three fingers of one hand 30

9 Loss of two fingers of one hand 20

10 Loss of terminal phalanx of thumb 20

Amputation cases - Lower limbs


10A Guillotine amputation of tip of thumb without loss of bone 10

11 Amputation of both feet resulting in end bearing stumps 90

12 Amputation through both feet proximal to the metatarso-phalangeal joint 80

13 Loss of all toes of both feet through the metatarso-phalangeal joint 40

14 Loss of all toes of both feet proximal to the proximal inter-phalangeal joint 30

15 Loss of all toes of both feet distal to the proximal inter-phalangeal joint 20

16 Amputation at hip 90

17 Amputation below hip with stump not exceeding 12.70 cms. in length measured from tip of great trenchanter but not beyond middle thigh 80

18 Amputation below hip with stump exceeding 12.70 cms. in length measured from tip of great trenchanter but not beyond middle thigh 70

19 Amputation below middle thigh to 8.89 cms. below knee 60

20. Amputation below knee with stump exceeding 8.89 cms. but not exceeding 12.70

cms. 50


21 Amputation below knee with stump exceeding 12.70 cms. 50

22 Amputation of one foot resulting in end bearing 50

23 Amputation through on foot proximal to the metatarso-phalangeal joint 50

24 Loss of all toes of one foot through the metatarso-phalangeal joint 20


Other injuries

25 Loss of one eye, without complications, the other being normal 40

26. Loss of vision of one eye, without complications or disfigurement of

eyeball, the other being normal 30

26A Loss of partial vision of one eye 10

Loss of - A - Fingers of right or left hand Index finger


27 Whole 14

28 Two phalanges 11

29 One phalanx 9

30 Guillotine amputation of time without loss of bone 5


Middle finger


31 Whole 12

32 Two phalanges 9

33 One Phalanx 7

34 Guillotine amputation of tip without loss of bone 4



Ring or little finger


35 Whole 7

36 Two phalanges 6

37 One Phalanx 5

38 Guillotine amputation of tip without loss of bone 2


B - Toes of right or left foot Great toe


39 Through metatarso-phalangeal joint 14

40 Part, with some loss of bone 3


Any other toe


41 Through metatarso-phalangeal joint 3

42 Part with some loss of bone 1


Two toes of one foot, excluding great toe


43 Through metatarso-phalangeal joint 5

44 Part, with some loss of bone 2


Three toes of one foot, excluding great toe


45 Through metatarso-phalangeal joint 6

46 Part, with some loss of bone 3


Four toes of one foot, excluding great toe


47 Through metatarso-phalangeal joint 9

48 Part-with some loss of bone 3

Note - Complete and permanent loss of the use of any limb or member referred to in this Schedule shall be deemed to be equivalent to the loss of that limb or member.


SCHEDULE II


[See section 2(1)(n)]

LIST OF PERSONS WHO SUBJECT TO THE PROVISIONS OF SECTION 2(1)(n), ARE INCLUDED IN THE DEFINITION OF WORKMEN

The following persons are workmen within the meaning of section 2(1)(n) and subject to the provisions of that section, that is to say, any person who is

(i)employed, otherwise than in a clerical capacity or on a railway, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or

(ii) employed, otherwise than in a clerical capacity, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act, 1948 (63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, whether or not employment in any such work is within such premises or precincts and steam, water or other mechanical power or electrical power is used; or

(iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article in any premises wherein or within the precincts whereof twenty or more persons are so employed



Explanation : For the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any articles or part of an article shall be deemed to be employed within such premises or precincts; or

(iv) employed in the manufacture or handling of explosives in connection with the employer's trade or business; or

(v) employed, in any mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952), in any minion operation or in any kind of work, other than clerical work incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or lwa-173 (vi) employed as the master or as a seaman of –


  1. any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or

  2. any ship not included in sub-clause (a), of twenty-five tons net tonnage or over; or

  3. any sea-going ship not included in sub-clause (a) or sub-clause (b) provided with sufficient area for navigation under sails alone; or

(vii) employed for the purpose of –

  1. loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the Ports Act, 1908 (15 of 1908)" or the Major Port Trusts Act, 1963 (38 of 1963), of goods which have been discharged from or are to be loaded into any vessel; or

  2. warping a ship through the lock; or

  3. mooring and unmooring ships at harbor wall berths or in pier; or

  4. removing or replacing dry dock caissons when vessels are entering or leaving dry docks; or

  5. the docking or undocking or any vessel during an emergency; or

  6. preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or

  7. any work on jolly-boats for bringing a ship's line to the wharf; or

(viii) employed in the construction, maintenance, repair or demolition of –

  1. any building which is designed to be or is or has been more than one story in height above the ground or twelve feet or more from the ground level to the apex of the roof; or

  2. any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or

  3. any road, bridge, tunnel or canal; or

  4. any wharf, quay, sea-wall or other marine work including any moorings of ships; or

(ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or

(x) employed, otherwise than in a clerical capacity, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline, or sewer; or

(xi) employed in the service of any fire brigade; or

(xii) employed upon a railway as defined in clause (31) of section 2 and sub-section (1) of section 197 of the Railways Act, 1989 (24 of 1989), either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or lwa-175

(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service, or as a telegraphist or as a postal or railway signaller or employed in any occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs Department; or

(xiv) employed, otherwise than in a clerical capacity, in connection with operations for winning natural petroleum or natural gas; or (xv) employed in any occupation involving blasting operations; or

(xvi) employed in the making of any excavation in which on any one day of the preceding twelve months more than twenty-five persons have been employed or explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or

(xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or

(xviii) employed, otherwise than in a clerical capacity, on any estate which is maintained for the purpose of growing cardamom 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; or

(xix) employed, otherwise than in a clerical capacity, in the generating, transforming, transmitting or distribution of electrical energy or in generation or supply of gas; or

(xx) employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse Act, 1927 (17 of 1927); or

(xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or

(xxii) employed in the training, keeping or working of elephants or wild animals; or(xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forest fires; or

(xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or

(xxv) employed as a driver; or

(xxvi) employed in the handling or transport of goods in, or within the precincts of, -



  1. any warehouse or other place in which goods are stored, and in which on any one day of the preceding twelve months ten or more persons have been so employed, or

  2. any market in which on any one day of the preceding twelve months fifty or more persons have been so employed; or

(xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contact with radio-active substances; or

(xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the Indian Aircraft Act, 1934 (22 of 1934); or

(xxix) employed in horticultural operations, forestry, bee-keeping or farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or

(xxx) employed, otherwise than in a clerical capacity, in the construction, working, repair or maintenance of a tube-well; or

(xxxi) employed in the maintenance, repair or renewal of electric fittings in any building; or lwa-191

(xxxii) employed in a circus

.(xxxiii) employed as watchman in any factory or establishment; or

(xxxiv) employed in any operation in the sea for catching fish; or

(xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insect; or

(xxxvi) employed in handling animals like horses, mules and bulls; or

(xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles; or

(xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or

(xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities ground, water surveys and exploration; or

(xl) employed in cleaning of jungles or reclaiming land or ponds in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or

(xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or

(xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube wells, ponds, lakes, streams and the like; or

(xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter-point and the like; or

(xliv) employed in spraying and dusting of insecticides or pesticides in agricultural operations or plantations; or

(xlv) employed in mechanised harvesting and threshing operations; or

(xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or

(xlvii) employed as artist for drawing pictures on advertisement boards at a height of 3.66 meters or more from the ground level; or

(xlviii) employed in any newspaper establishment as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) and engaged in outdoor work. employed as divers for work under water.



Explanation : In this Schedule, "the preceding twelve months", relates in any particular case to the twelve months ending with the day on which the accident in such case occurred.

Sch. III
(See section 3)

LIST OF OCCUPATIONAL DISEASES S.

No. Occupational disease Employment

1 2 3

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