(1) Where by any law for the time being in force notice is required to be given to any authority by or on behalf of an employer of any accident occurring on his premises which results in death or serious bodily injury the person required to give the notice shall within seven days of the death or serious bodily injury send a report to the Commissioner giving the circumstances attending the death or serious bodily injury:
Provided that where the State Government has so prescribed the person required to give the notice may instead of sending such report to the Commissioner send it to the authority to whom he is required to give the notice.
Explanation: "Serious bodily injury" means an injury which involves or in all probability will involve the permanent loss of the use of or permanent injury to any limb or the permanent loss of or injury to the sight or hearing or the fracture of any limb or the enforced absence of the injured person from work for a period exceeding twenty days.
(2) The State Government may by notification in the Official Gazette extend the provisions of sub-Section (1) to any class of premises other than those coming within the scope of that sub-Section and may by such notification specify the person who shall send the report to the Commissioner.
(3) Nothing in this Section shall apply to factories to which the Employees' State Insurance Act 1948 (34 of 1948) applies.
11. Medical examination
(1) Where a workman has given notice of an accident he shall if the employer before the expiry of three days from the time at which service of the notice has been effected offers to have him examined free of charge by a qualified medical practitioner submit himself for such examination and any workman who is in receipt of a half-monthly payment under this Act shall if so required submit himself for such examination from time to time:
Provided that a workman shall not be required to submit himself for examination by a medical practitioner otherwise than in accordance with rules made under this Act or at more frequent intervals than may be prescribed.
(2) If a workman on being required to do so by employer under sub-Section (1) or by the Commissioner at any time refuses to submit himself for examination by a qualified medical practitioner or in any way obstructs the same his right to compensation shall be suspended during the continuance of such refusal or obstruction unless in the case of refusal he was prevented by any sufficient cause from so submitting himself.
(3) If a workman before the expiry of the period within which he is liable under sub-Section (1) to be required to submit himself for medical examination voluntarily leaves without having been so examined the vicinity of the place in which he was employed his right to compensation shall be suspended until he returns and offers himself for such examination.
(4) Where a workman whose right to compensation has been suspended under sub-Section (2) or sub-Section (3) dies without having submitted himself for medical examination as required by either of those sub-Sections the Commissioner may if he thinks fit direct the payment of compensation to the dependants of the deceased workman.
(5) Where under sub-Section (2) or sub-Section (3) a right to compensation is suspended no compensation shall be payable in respect of the period of suspension and if the period of suspension commences before the expiry of the waiting period referred to in clause (d) of sub-Section (1) of Section 4 the waiting period shall be increased by the period during which the suspension continues.
(6) Where an injured workman has refused to be attended by a qualified medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner then if it is proved that the workman has not thereafter been regularly attended by a qualified medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal disregard or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been excepted to be if the workman had been regularly attended by a qualified medical practitioner whose instructions he had followed and compensation if any shall be payable accordingly.
(1) Where any person (hereinafter in this Section referred to as the principal) in the course of or for the purposes of his trade or business contract with any other person (hereinafter in this Section referred to as the contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal this Act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by whom he is immediately employed.
(2) Where the principal is liable to pay compensation under this Section he shall be entitled to be indemnified by the contractor or any other person from whom the workman could have recovered compensation and where a contractor who is himself a principal is liable to a pay compensation or to indemnify a principal under this Section be shall be entitled to be indemnified by any person standing to him in the relation of a contractor from whom the workman could have recovered compensation and all questions as to the right to and the amount of any such indemnity shall in default of agreement be settled by the Commissioner.
(3) Nothing in this Section shall be construed as preventing a workman from recovering compensation from the contractor instead of the principal.
(4) This Section shall not apply in any case where the accident occurred elsewhere that on in or about the premises on which the principal has undertaken or usually undertakes as the case may be to execute the work or which are otherwise under his control or management.
13. Remedies of employer against stranger
Where a workman has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof the person by whom the compensation was paid and any person who has been called on to pay an indemnity under Section 12 shall be entitled to be indemnified by the person so liable to pay damages of aforesaid.
14. Insolvency of employer
(1) Where any employer has entered into a contract with any insurers in respect of any liability under this Act to any workman then in the event of the employer becoming insolvent or making a compensation or scheme of arrangement with his creditors or if the employer is a company in the event of the company having commenced to be wound up the rights of the employer against the insurers as respects that liability shall notwithstanding anything in any law for the time being in force relating to insolvency or the winding up of companies be transferred to and vest in the workman and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer so however that the insurers shall not be under any greater liability to the workman than they would have been under the employer.
(2) If the liability of the insurers to the workman is less than the liability of the employer to the workman the workman may prove for the balance in the insolvency proceedings or liquidation.
(3) Where in any case such as is referred to in sub-Section (1) the contract of the employer with the insurers to void or voidable by reason of non-compliance on the part of the employer with any terms or conditions of the contract (other than a stipulation for the payment of premia) the provisions of that sub-Section shall apply as if the contract were not void or voidable and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the workman :
Provided that the provisions of this sub-Section shall not apply in any case in which the workman fails to give notice to the insurers of the happening of the accident and of any resulting disablement as soon as practicable after he becomes aware of the institution of the insolvency or liquidation proceedings.
(4) There shall be deemed to be included among the debts which under Section 49 of the Presidency-towns Insolvency Act 1909 (3 of 1909) or under Section 61 of the Provincial Insolvency Act 1920 (5 of 1920) or under Section 530 of the Companies Act 1956 (1 of 1956) are in the distribution of the property of an insolvent or in the distribution of the assets of a company being wound up to be paid in priority to all other debts the amount due in respect of any compensation the liability wherefor accrued before the date of the order of adjudication of the insolvent or the date of the commencement of the winding up as the case may be and those Acts shall have effect accordingly.
(5) Where the compensation is a half-monthly payment the amount due in respect thereof shall for the purpose of this Section be taken to be the amount of the lump sum for which the half-monthly payment could if redeemable be redeemed if application were made for that purpose under Section 7 and a certificate of the Commissioner as to the amount of such sum shall be conclusive proof thereof.
(6) The provisions of sub-Section (4) shall apply in the case of any amount for which an insurer is entitled to prove under sub-Section (3) but otherwise those provisions shall not apply where the insolvent or the company being wound up has entered into such a contract with insurers as is referred to in sub-Section (1).
(7) This Section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company.