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Abstr Workmen Compensation | Wharf | Ships

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FORM F (Abstracts of the Workmen’s Compensation Act, 1923) 1. Definitions.-Section 2(1), section 2(1) (d).-(a) ‘Dependent’ means any of the following relatives of a deceased workman, namely :(i) a widow, a minor legitimate son, and unmarried legitimate daughter, or a widowed mother; and (ii) if wholly dependent on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm; (iii) if wholly or in part dependent on the earnings o
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  FORM F(Abstracts of the Workmen’s Compensation Act, 1923)   1. Definitions.- Section 2(1), section 2(1) (d).-(a) ‘Dependent’ means any of the followingrelatives of a deceased workman, namely :- (i) a widow, a minor legitimate son, and unmarried legitimate daughter, or a widowedmother; and (ii) if wholly dependent on the earnings of the workman at the time of his death, a son or adaughter who has attained the age of 18 years and who is infirm;(iii) if wholly or in part dependent on the earnings of the workman at the time of his death,-(a) a widower,(b) a parent other than a widowed mother,(c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate if married and a minor or if widowed if a minor,(d) a minor brother or an unmarried sister or a widowed sister if a minor,(e) a widowed daughter-in-law,(f) a minor child of a pre-deceased son,(g) a minor child of a pre-deceased daughter where no parent of the child is alive, or (h) a paternal grandparent if no parent of the workman is alive.(b) Section 2(1)(g).- ‘Partial disablement’ means, where the disablement is of a temporarynature, such disablement as reduces the earning capacity of a workman in any employment inwhich he was engaged at the time of the accident resulting in the disablement, and, where thedisablement is of a permanent nature, such disablement as reduces his earning capacity in everyemployment which he was capable of undertaking at that time : Provided that every injuryspecified in Schedule I, shall be deemed to result in permanent partial disablement;(c) Section 2(1)(I).- ‘Total disablement’ means such disablement, whether of a temporary or  permanent nature, as incapacitates a workman for all work which he was capable of performingat the time of the accident resulting in such disablement : Provided that permanent totaldisablement shall be deemed to result from the permanent total loss of the sight of both eyes or from any combination of injuries specified in Schedule I where the the aggregate percentage of the loss of earning capacity, as specified in that Schedule against those injuries, amounts to onehundred per cent or more;  (d) Section 2(1)(n).-   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 employer's trade or  business) who is-(i) a railway servant as defined in Section 3 of the Indian Railways Act, 1890, not permanently employed in any administrative, district or sub-divisional office of a railwayand not employed in any such capacity as is specified in Schedule II,(ii) employed on monthly wages not exceeding one thousand rupees, in any such capacity asis specified in Schedule II,whether the contract of employment was made before or after the passing of this Act andwhether such contract is expressed or implied, oral or in writing; but does not include any personworking in the capacity of a member of the Armed Forces of the Union; and any reference to aworkman who has been injured shall, where the workman is dead, include a reference to hisdependants or any of them. SCHEDULE II  List of persons who, subject to the provision 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 railways in connection with theoperation 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 suchvehicles; or  (ii) employed, otherwise that 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 theFactories Act, 1948, is being carried on, or in any kind of work whatsoever incidental toor connected with any such manufacturing process or with the article made, 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, transport or sale of any article or part of an article in any premiseswherein or within the precincts whereof twenty or more persons are so employed; or (iv) employed, in the manufacture or handling of explosive in connection with theemployer’s trade or business; or (v) employed in any mine as defined in clause (j) of section 2 of the Mines act, 1952, in anymining operation or in any kind of work other than clerical work; incidental to or connected with any mining operation or with minerals obtained or in any kind of work whatsoever below ground; or (vi)Employed as the master or as a seaman of-  (a) 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 (b)Any ship not included in sub-clause (a), of 25,000 kgs net tonnage or over or (c)Any sea-going ship not included in sub-clause (a) or sub-clause (b) provided withsufficient area for navigation under sales alone; or  (vii) employed for the purpose of-(a)Loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or  painting any ship of which he is not the master or a member of a crew, or handlingor transport within the limits of any port, subject to the Indian Ports Act, 1908, of goods which have been discharged from or are to be loaded into any vessel; or (b)Warping a ship through the lock; or (c)Mooring and unmooring ships at harbor wall berths or in pier; or (d)Removing or replacing dry dock caissons when vessels are entering or leaving drydocks; or (e)The docking or undocking of any vessel during any emergency;(f)Preparing splicing coir springs and check wires painting depths 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 likenature;(g)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-(a)any building which is designed to be or is or has been more than one storey inheight above the ground or 3.65 meters or more from the ground level to the apex of the roof; or  (b) any dam or embankment which is 3.657 meters or more in height from its lowest toits highest point; or (c)any road, bridge, tunnel or canal; or (d)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 construction, working, repair or demolition of any aerial ropeway, canal, pipeline, sewer; or (xi) employed in the service of any fire brigade; or  (xii) employed upon a railway as defined in clause (4) of section 3 and sub-section (1) of Section 148 of the Indian Railways Act, 1890, either directly or through a sub-contractor , by a person fulfilling a contract with the railway administration; or (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 occupationordinarily 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 on any one day of the preceding twelvemonths more than twenty–five persons have been employed or explosives have beenused, or whose depth from its highest to its lowest point exceed 3.657 meters; 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 state which is maintained for the purpose growing cinchona, coffee, rubber or tea, and on which 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 or supplying of electrical energy or in the generating or supplying of gas; or (xx)employed in a light house as defined in clause (d) of Section 2 of the IndianLighthouse Act, 1927; or (xxi)employed in producing cinematograph pictures intended for public exhibition or inexhibiting 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 thetransport 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-(a)any warehouse or other place in which goods are stored , and in which on any oneday of the preceding twelve months ten or more persons have been so employed;or  (b) 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 any manipulation of radiumor X-rays apparatus, or contact with radio-active substances; or (xxviii)employed in or in connection with the constructions, erection, dismantling,operation or maintenance of an aircraft as defined in Section 2 of the Indian Air-Craft Act, 1934; or (xxix)employed in 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 tube-well; or (xxxi)employed in the maintenance, repair or renewal of electric fitting in any building;or (xxxii)employed in a circus.  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 caseoccurred .
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