Updated:-Friday-June-13,-2014/AlJumaa-Sha'ban-15,-1435/Sukravara-Jyaistha-23,-1936,-at-10:13:40-PM
The War Injuries (Compensation Insurance) Act, 1943
ACT No. XXIII OF 1943
(For Statement of Objects and Reasons, see Gazette of
India, 1943, Pt. V, p. 97; and for Report of Select Committee, see ibid., p.
127.
The Act has been applied to
Applied to Chittagong Hill tracts with effect from the
16th November 1943, see Ben. Govt. Notification No. 252rS, dated the 27th
December, 1943.
Applied to partially excluded areas of Mymensingh
District with effect from the 16th November, 1943, see Ben. Govt. Notification
No. 50‑Com (C. D.), dated the 11th January.
[2nd September, 1943]
An Act to impose on employers a liability to pay compensation
to workmen sustaining war injuries and to provide for the insurance of
employers against such liability.
WHEREAS it is expedient to impose on employers a liability to pay compensation
to workmen sustaining war injuries and to provide for the insurance of
employers against such liability;
1. Short title extent and commencement.- (1) This Act may be called the War Injuries
(Compensation Insurance) Act, 1943.
[(2) It extends to the whole of
(3) It shall come into force on such date (The 16th
November, 1943, see Gazette of India, 1943, Pt. I, p. 1258.) as the Central
Government may, by notification in the official Gazette, appoint.
2. Definition.- In this Act, unless there is anything repugnant in the subject or
context,---
(a) “adult” and “minor” have the meanings assigned to
those expressions in the Workmen’s Compensation Act, 1923; VIII of 1923.
(b) “employer” includes any body of persons whether
incorporated or not and any managing agent of an employer and the legal
representative of a deceased employer, and when the services of a workman are
temporarily lent or let on hire to another person by the person with whom the
workman has entered into a contract of service or apprenticeship, means the
latter person while the workman is working for that other person;
(c) “the Fund” means the War Injuries Compensation Insurance
Fund constituted under section 11;
(d) “gainfully occupied person” and “war injury” have
the meanings assigned to those expressions in the War Injuries Ordinance, 1941;
(e) “partial disablement” means, where the disablement
is of a temporary nature such disablement as reduces the earning capacity of a
workman in any employment in which he was engaged at the time the injury was
sustained, and where the disablement is of a permanent nature, such disablement
as reduces his earning capacity in any employment which he was capable of
undertaking at that time:---
Provided that every injury specified in items 2 to 9
of (Subs. by the War Injuries (Compensation Insurance) (Amdt.) Ordinance, 1944
(54 of 1944), s. 2, for “the Schedule”.)[the First Schedule] shall be deemed to
result in permanent partial disablement;
(f) “prescribed” means prescribed by rules made under
section 20;
[(ff) “termination of hostilities” (Subs. by the War
Injuries (Compensation Insurance) (Arndt.) Ordinance, 1965 (34 of 1965), s. 2,
for clause (ff), which was ins. by the War Injuries (Compensation Insurance)
Arndt, Ordinance, 1945 (41 of 1945), s. 2.)Means the date declared under clause
(3) of section 2 of the War Injuries Ordinance, 1941, to be the date of
termination of hostilities;] Ord VIII of 1941.
(g) “total disablement” means such disablement,
whether of a temporary or permanent nature, as incapacitates a workman for all
work which he was capable of performing at the time the injury was sustained:---
Provided that permanent total disablement shall be
deemed to result from the permanent total loss of the sight of both eyes or
from an injury specified in item 1 of (Subs. by the War Injuries (Compensation
Insurance) (Amdt.) Ordinance, 1944 (54 of 1944), s. 2, for “the Schedule”.)[the
First Schedule] or from any combination of injuries specified in items 2 to 9
of (Subs. by the War Injuries (Compensation Insurance) (Amdt.) Ordinance, 1944
(54 of 1944), s. 2, for “the Schedule”.)[the First Schedule] where the
aggregate percentage of disability as specified in that Schedule against those
injuries amounts to one hundred per cent;
(h) the “Scheme” means the War Injuries Compensation
Insurance Scheme referred to in sub‑section (1) of section 7;
(i) “wages” means wages as defined in the Workmen’s
Compensation Act, 1923, and “monthly wages” has the meaning assigned to that
expression by section 5 of the Workmen’s Compensation Act, 1923, and shall be
calculated for the purposes of this Act in the manner laid down in that
section; VIII of 1923.
(j) “workman” means any person (other than a person
whose employment is of a casual nature and who is employed otherwise than for
the purposes of the employers’ trade or business) who is employed in any of the
employments specified in section 6.
3. Compensation payable under the Act by the whom and
how payable.- (1) There shall,
subject to such conditions as may be specified in the Scheme, be payable by an
employer, in respect of a war injury sustained by a gainfully occupied person
who is a workman to whom this Act applies, compensation, in addition to any
relief provided under the War Injuries Ordinance, 1941 (VII of 1941), of the
amount and kind provided by section 5,---
Provided that where an employer has taken out a policy
of insurance as required by sub-section (1) of section 9 and has made all
payments by way of premium thereon which are subsequently due from him in
accordance with the provisions of the Scheme, or where by the provisions of sub-section
(1) of section 9 or of subsection (2) of section 12 the employer is not
required to insure, the Federal Government shall assume and discharge on behalf
of the employer the employer’s liability to pay compensation under this sub-section.
[Subs. “Central Government” by Act XVI of 1975.]
(2) The compensation payable under this Act shall be
payable in accordance with the provisions made in this behalf contained in the
Scheme.
(3) This section shall be binding on the Government.
[Subs. by A. O .1961, Art 2, for “Crown” (with effect from the 23rd March,
1956).]
4. Limitation on right to receive compensation
otherwise than under this Act mad Ordinance.‑ (1) Where any person has a right apart from the
provisions of this Act and of the War Injuries Ordinance. 1941 (VII of 1941),
to receive compensation (whether in the forth of gratuity, pension,
compassionate payment or otherwise) or damages from an employer in respect of a
war 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.
5. Amount of compensation.‑ (1) The compensation payable under this Act shall be
as follows, namely:---
(a) where death results from the injury,---
(i) in the case of an adult‑the amount payable
in a like case under the Workmen’s Compensation Act, 1923 (VIII of 1923),
reduced by seven hundred and twenty rupees, and
(ii) in the case of a minor-two hundred rupees;
(b) where permanent total disablement results from the
injury,---
(i) in the case of an adult the amount payable in a
like case under the Workmen’s Compensation Act, 1923 (VIII of 1923), reduced by
one thousand and eight rupees, and
(ii) in the case of a minor the monthly payment payable in a like case to
an adult under the Scheme made under the War Injuries Ordinance, 1941 (VII of
1941), for so long as he remains a minor, and thereafter as in the following
sub-clause,
(c) where permanent partial disablement results from the
injury,---
(i) in the case of injury specified in the First
Schedule 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 disablement;
(ii) in the case of an injury not specified in the
First Schedule the percentage of such compensation specified in the First
Schedule for a disablement held by a competent medical authority acting under
the Scheme made under the War Injuries Ordinance, 1941 (VII of 1941), to be of
corresponding degree;
(iii) where more injuries than one are sustained‑the
aggregate of the compensation payable in respect of those injuries, so how ever
as not to exceed in any case the compensation which would have been payable if
permanent total diltability had resulted from the injuries;
(d) where temporary disablement, whether total or partial,
results from the injury,---
(i) in the case of an adult the half-monthly payments
payable in a like case under the Workmen’s Compensation Act, 1923 (VIII of
1923), reduced in each case for so long as he receives any payment under the
Scheme made under the War Injuries Ordinance, 1941 ((VII of 1941), by seven;
rupees, and
(ii) in the case of a minor‑the half‑monthly
payments payable in a like case under the Workmen’s Compensation Act, 1923
(VIII of 1923), for so long as he remains a minor, and thereafter as in the
foregoing sub‑clause. [Subs. by the War Injuries (Compensation Insurance)
Amdt Ordinance. 1944 (54 of 1944), s. 4, for .”the Schedule”.]
(2) Where the monthly wages of a workman are more than
three hundred rupees the compensation payable under this Act shall be the
amount payable under the provisions of sub-section (1) in the case of a workman
whose monthly wages are more than two hundred rupees.
6. Workmen to whom the Act applies.- The workmen to whom this Act applies are,---
(a) workmen employed in any employment or class of
employment to which the Pakistan Essential Services (Maintenance) Act, 1952.
[Subs. by the War Injuries (Compensation Insurance) (Amdt ) Ordinance. 1965 (34
of 1965 s. 3, for ‑‘Essential Services (Maintenance) Ordinance 1941 has
been declared under section 3 of that Ordinance.’]
(b) workmen employed in any factory as defined in
clause (j) of section 2 of the Factories Act, 1934 (XXV of 1934);
(c) workmen employed in any mine within the meaning of
the Mines Act, 1923 (IV of 1923);
(d) workmen employed in any major port;
(e) workmen employed on any estate which is maintained
for the purpose of growing cinchona, coffee rubber or tea, and on which on any
day in the preceding twelve months twenty-five or more persons have been
employed as workmen;
(f) workmen employed in any employment specified in
this behalf by the Federal Government by notification in the official Gazette.
[Subs. for “Central Government” by Act XVI of 1973.]
7. War Injuries Compensation Insurance Scheme.- (1) The Central Government shall, by notification in
the official Gazette, put into operation a scheme to be called the War Injuries
Compensation Insurance Scheme whereby provision is made for all matters
necessary to give effect to the purposes of this Act and whereby the Central
Government undertakes, in relation to employers of workmen to whom this Act
applies, the liabilities of insuring such employers against liabilities
incurred by them to workmen under this Act and the Scheme.
(2) The Scheme shall secure that any liability of the
Central Government as insurer under the Scheme is determined by a policy of
insurance issued in the prescribed form by a person acting on behalf of the
Central Government.
(3) The Scheme may provide that it shall come into
operation or shall be deemed to have come into operation on such date (Ins. by
the War Injuries (Compensation Insurance) (Amdt.) Ordinance, 1965 (34 of 1965),
s, 4.)[not earlier than the date declared under clause (3) of section 2 of the
War Injuries Ordinance, 1941, to be the date of the commencement of
hostilities,] as may be specified therein.
(4) The Scheme may be amended at any time by the
Central Government.
(5) Without prejudice to the generality of the
provisions of sub‑section (1), the Scheme may,---
(a) make provisions regulating the payment of the compensation payable under
this Act and the Scheme, including provision for punishment by fine not
exceeding one thousand rupees for the contravention of any requirement of the
Scheme;
(b) make provision specifying the persons to whom and
the proportions and manner in which payments under this Act shall be made;
(c) specify conditions or circumstances which will
disentitle a workman to the compensation payable under this Act, and make it an
express or implied condition of any policy of insurance issued under the Scheme
that the payment of compensation in defiance of such specification is not
covered by the policy;
(d) specify the conditions or circumstances under
which the compensation payable to a workman may be withheld, cancelled, reduced
or reviewed if the award made under the Scheme made under the War Injuries
Ordinance, 1941, is withheld, cancelled, reduced or reviewed; Ord VII of 1941.
(e) provide for cases in which an employer has of his
own accord undertaken a part or the whole of the liability imposed by this Act;
(f) provide for the final assessment of the total
premium due on a policy of insurance under the Scheme (Ins. by the War Injuries
(Compensation Insurance) (Amdt.) Ordinance, 1965 (34 of 1965), s, 4.)[either as
the equivalent of all advance payments of premium already made by an employer,
or as a percentage of the total wages bills of an employer for the periods with
reference to which the amount of any advance payments made by him was fixed or]
as a percentage of the total wages bill of an employer for a period of not less
than twelve or more than fifteen months immediately preceding the termination
of (The original words “the present” omitted by the War Injuries (Compensation
Insurance) (Amdt.) Ordinance, 1965 (34 of 1965), s. 4.)* * hostilities, and for
the assessment of the total premium due on a policy which has ceased to be in
force before the termination of (The original words “the present” omitted by
the War Injuries (Compensation Insurance) (Amdt.) Ordinance, 1965 (34 of 1965),
s. 4.)* * hostilities owing to the employer having gone out of business;
(g) provide for the recovery from an employer of the
total premium due on a policy of insurance including provision for its recovery
by periodic advance payments of an amount based on a percentage of his total
wages bill for any prescribed period, the separate funding of the payments so
made by each employer, and the eventual adjustment of the total premium as finally
assessed against the total of such periodic payments:---
[Provided that, where the amount of the periodic payment based on the total
wages bill of the prescribed period is less than eight rupees, it shall be
increased to eight rupees:]( Ins. by the War Injuries (Compensation Insurance)
(Amdt.) Ordinance, 1965 (34 of 1965), s, 4.)
Provided (Ins. by the War Injuries (Compensation
Insurance) (Amdt.) Ordinance, 1965 (34 of 1965), s, 4.)[further] that the first
of such priodic payments shall (Ins. by the War Injuries (Compensation
Insurance) (Amdt.) Ordinance, 1965 (34 of 1965), s, 4.)[subject to the
aforesaid minimum of eight rupees] be an amount representing not more than four
annas per hundred rupees of the wages bill for the period by reference to which
the amount of the payment is fixed:---
Provided further that such periodic payments shall not
be more frequent than once in each quarter of a year:---
Provided further that the rate of any periodic payment
after the first shall (Ins. by the War Injuries (Compensation Insurance) Amdt.
Ordinance, 1944 (54 of 1944), s. 5.)[subject to the aforesaid minimum of eight
rupees] not be higher than the rate estimated to raise the amount in the Fund
after repayment of the advances, if any, paid into the Fund by the Central
Government under sub‑section (2) of section 11, to a sum of rupees
fifteen lakhs.
8. Employment of agents by the
9. Compulsory insurance.- (1) Every employer of workmen to whom this Act applies
or is subsequently made applicable (Ins. ibid., s. 6.)[except an employer whose
total wages bill for any quarter after the commencement of this Act has never
exceeded fifteen hundred rupees] shall, before such date as may be prescribed,
or before the expiry of such period as may be prescribed after his having first
become such an employer, take out a policy of insurance issued in accordance
with the Scheme, whereby he is insured until the termination of (The original
words “the present” omitted by the War Injuries (Compensation Insurance) (Amdt)
Ordinance, 1965 (34 of 1965,) s. 5.)* * hostilities or until the date, if any,
prior to the termination of (The original words “the present” omitted by the
War Injuries (Compensation Insurance) (Amdt) Ordinance, 1965 (34 of 1965,) s.
5.)* * hostilities at which he ceases to be an employer to whom this section
applies, against all liabilities imposed on him by this Act.
(2) Whoever contravenes the provisions of sub‑section
(1) or, having taken out a policy of insurance as required by that sub‑section,
fails to make any payment by way of premium thereon which is subsequently due
from him in accordance with the provisions of the Scheme shall be punishable
with fine which may extend to one thousand rupees and shall also be punishable
with a further fine which may extend to five hundred rupees for every day after
having been so convicted on which the contravention or failure continues.
(3) This section shall not bind the (Subs. by A. O.,
1961, Art. 2, for “Crown” (with effect from the 23rd March, 1956).)[Government]
nor, unless the Central Government by notification in the official Gazette
otherwise orders, any (Subs. ibid., Art. 2 and Sch., for “Federal” (with effect
from the 23rd March, 1956.))[Government] Railway.
10. Prohibition of certain insurance.- (1) After the date on which the Scheme is put into
operation no person shall, except as a person authorised by the Central
Government as its agent to issue policies in pursuance of the Scheme, carry on
the business of insuring employers in (Subs. by the Central Laws (Statute
Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the
14th October, 1955), for “the Provinces and the Capital of the Federation”
which had been subs. by A. O., 1949, for “British India”.)[
(2) Nothing in sub‑section (1) applies to any
policy of insurance entered into before the date on which the Scheme is put
into operation and current after that date or to any policy of insurance
covering liabilities undertaken in excess of the liabilities imposed by this
Act.
(3) Whoever contravenes the provisions of sub‑section
(1) shall be punishable with fine which may extend to five thousand rupees and
with a further fine which may extend to one thousand rupees for every day after
the first on which the contravention continues.
11. War Injuries Compensation Insurance Fund.- (1) The Central Government shall establish a fund for
the purposes of this Act to be called the War Injuries Compensation Insurance
Fund into which shall be paid all sums received by the Central Government by
way of insurance premiums under the Scheme or by way of payments made on
composition of offences under section 17 (Certain words which were first ins.
by the War Injuries (Compensation Insurance) Arndt. Ordinance, 1944 (54 of
1944), s. 7 and then amended by A. O., 1949, omitted by the War Injuries
(Compensation Insurance) (Amdt.) Ordinance, 1965 (34 of 1965), s. 6.)* * * or
by way of expenses or compensation awarded by a Court under section 545 of the
Code of Criminal Procedure, 1898, out of any fine imposed under this Act, or by
way of penalties imposed under the Scheme, and out of which shall be paid all
sums required for the discharge by the Central Government of any of its
liabilities under this Act or the Scheme, or for the payment by the Central
Government of the remuneration and expenses of agents employed for the purposes
of the Scheme, or for the payment by the Central Government of the costs of
administering the Scheme V of 1898.
Provided that no payment from the Fund shall be made
in discharge of any liability of the (Subs by A. O. 1961, Art. 2, for “Crown”
(with effect from the 23rd March, 1956))[Government] to pay compensation to
workmen employed by it.
(2) If at any time the sum standing to the credit of
the Fund is less than the sum for the time being necessary for the adequate
discharge of the purposes of the Fund, the Central Government shall pay into
the Fund as an advance out of general revenues such amount as the Central Government
considers necessary.
(3) If when all payments which have to be made out of
the Fund have been defrayed, any balance remains in the Fund, the balance shall
be constituted into a Fund to be utilised and administered by the Central
Government for the benefit of workmen.
(4) The Central Government shall prepare in such form
and manner as may be prescribed and shall publish every six months an account
of all sums received into and paid out of the Fund.
12. Principals and contractors.- (1) Where a person (in this section referred to as the
principal) uses, in the course of or for the purposes of his trade or business,
the services of workmen temporarily lent or let on hire to him by arrangement
with another person with whom the workmen have entered into contracts of
service or apprenticeship, or in the course of or for the purposes of his trade
or business, contracts with any other person for the execution by or under such
other person of the whole or any part of any work which is ordinarily part of
the trade or business of the principal (either such other person being in this
section referred to as the contractor) the principal shall obtain from the
contractor the name of the agent of the Central Government acting under section
8 with whom he intends to insure, and shall report to that agent the existence
of his arrangement or contract with the contractor.
(2) Notwithstanding anything elsewhere contained in
this Act, in any such case as is referred to in sub‑section (1), it shall
not be necessary for the contractor to insure against the liabilities imposed
on him by this Act in respect of workmen employed by him whose services are
lent or let on hire on such an arrangement or used in the execution of work on
such a contract as is referred to in sub-section (1), where the arrangement or
contract is for a term of less than one month.
(3) The Scheme may make provision for the supply by a
contractor to a principal of any information necessary to enable the purposes
of this section to be carried out including provision for punishment by fine
not exceeding one thousand rupees for the contravention of any requirement of
the Scheme.
13. Power of Central Government to obtain information.-
(1) Any person authorised in this
behalf by the Central Government may, for the purpose of ascertaining whether
the requirements of this Act and of the Scheme have been complied with, require
any employer to submit to him such accounts, books or other documents or to
furnish to him such information or to give such certificates as he may reasonably
think necessary.
(2) Whoever willfully obstructs any person in the
exercise of his powers under this section or fails without reasonable excuse to
comply with any request made thereunder shall in failure takes place, be
punishable with fine which may extend to one thousand rupees.
(3) Whoever in purporting to comply with his
obligations under this section knowingly or recklessly makes a statement false
in a material particular shall be punishable with fine which may extend to one
thousand rupees.
14. Recovery of premium unpaid.- (1) Without prejudice to the provisions of sub-section
(2) of section 9, where any person has failed to insure as or to the full
amount required by this Act and the Scheme and has thereby evaded the payment
by way of premium of any money which he would have had to pay in accordance
with the provisions of the Scheme but for such failure, an officer authorised
in this behalf by the Central Government may determine the amount payment of
which has been so evaded, and the amount so determined shall be payable by such
person and shall be recoverable from him as provided in sub-section (2).
(2) Any sum payable in accordance with the provisions
of the Scheme by way of premium on a policy of insurance issued under the
Scheme and any amount determined as payable under sub‑section (1) shall
be recoverable as an arrear of landrevenue.
(3) Any person against whom a determination is made
under sub-section (1) may, within the prescribed period, appeal against such
determination to the Central Government whose decision shall be final.
15. Payment of compensation where employer has failed
to insure.- Where an employer has
failed to take out a policy of insurance as required by sub‑section (1)
of section 9, or having taken out a policy of insurance as required by that sub‑section
has failed to make the payments by way of premium thereon which are
subsequently due from him in accordance with the provisions of the Scheme,
payment of any compensation for the payment of which he is liable under this
Act may be made out of the Fund, and the sum so paid together with a penalty of
such amount not exceeding the sum so paid as may be determined by an officer
authorised in this behalf by the Central Government shall be recoverable from
the employer as an arrear of land revenue for payment into the Fund.
16. Limitation of prosecutions.- No prosecution for any offence punishable under this
Act shall be instituted against any person except by or with the consent of the
Central Government or an authority authorised in this behalf by the Central
Government.
17. Compensation of offences.-Any offence punishable under sub‑section (2) of
section 9 may, either before or after the institution of the prosecution, be
compounded by the Central Government or by any authority authorised in this
behalf by the Central Government on payment for credit to the Fund of such sum
as the Central Government or such authority, as the case may be, thinks fit.
18. Bar of legal proceedings.- (1) No suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good faith done or
intended to be done under this Act.
(2) No suit shall be maintainable in any civil Court
against the Central Government or a person acting as its agent under section 8
for the refund of any money paid or purporting to have been paid by way of
premium on a policy of insurance taken out or purporting to have been taken out
under this Act.
19. Power to exempt employers.- The Central Government shall exempt any employer from
the provisions of this Act on the employer’s request, if satisfied that he has
before the commencement of this Act entered into a contract with insurers
substantially covering the liabilities imposed on him by this Act, for so long
as that contract continues.
20. Power to make rules.- (1) The Central Government may, by notification in the
official Gazette, make rules to carry into effect the provisions power, of this
Act.
(2) Without prejudice to the generality of the foregoing
such rules may prescribe,---
(a) the principles to be followed in ascertaining the
total wages bill of an employer, including provision for the exclusion
therefrom of certain categories of wages or of certain elements included in the
definition of wages;
(b) the form of the policies of insurance referred to
in sub-section (2) of section 7;
(c) the period referred to in clause (g) of sub-section
(5) of section 7;
(Clause (d) omitted by the War Injuries (Compensation
Insurance) Amendment. Ordinance, 1944 (54 of 1944), s. 8.)* * * * * * * *
(e) the date and the period referred to in sub-section
(1) of section 9;
(f) the form of and the manner of preparing and
publishing the account referred to in sub-section (4) of section 11;
(g) the periods referred to in sub‑section (3)
of section 14.
[Application of the Scheme to
[THE FIRST SCHEDULE]
( The
original heading “THE SCHEDULE” has been successively amended by Ordinance 54
of 1944, s. 10, A. O., 1949 and the Federal Laws (Revision and Declaration)
Act, 1951 (26 of 1951), s. 4 and 3rd Sch., to read as above.)
[See section 2 and 5 (1)]
|
Item
No. |
Injury |
Percentage
of |
|
1 |
Loss
of two or more limbs. |
100 |
|
2 |
Loss
of right arm above or at the elbow. |
90 |
|
3 |
Severe
facial disfigurement. |
70 |
|
4 |
Loss
of left arm below the elbow. |
60 |
|
5 |
Loss
of one eye. |
50 |
|
6 |
Loss
of all toes of both feet above knuckle. |
40 |
|
7 |
Loss
of all toes of one foot above knuckle. |
30 |
|
8 |
Limited
restriction of movement of joints |
20 |
|
9 |
Loss
of one phalanx of thumb. |
10 |
THE
SECOND SCHEDULE
[Omitted by A. O., 1949]
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