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Year : 1963
[Act, No. 37 of 1963]
[8th October, 1963]
PREAMBLE
An Act to impose on employers a liability to pay compensation to workmen sustaining personal injuries and to provide for the insurance of employees against such liability
Be it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:
Section -1 Short title, extent and commencement
(1) This Act may be called the Personal Injuries (Compensation Insurance), Act, 1963.
(2) It extends to the whole of India.
(3) It shall come into force on such date1*as the Central Government may by notification appoint.
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1. Enforced w.e.f. 1st November, 1965; vide Section O. 3382, dated 30th October, 1965, published in the Gazette of India, Pt. II, Section. 3 (ii), dated 30th October, 1965, p. 3570.
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Section -2 Definitions
In this Act, unless the context otherwise requires,-
(a) "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 service 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 later person while the workman is working for that other person;
(b) The "Fund" means the Personal Injuries (Compensation Insurance) Fund constituted under Section. 13;
(c) "Gainfully occupied person" and "personal injury" have the meanings respectively assigned to those expressions in the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962);
(d) "Notification" means a notification published in the official Gazette;
(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 permanent partial disablement shall be deemed to result from every injury or from any combination of injuries, specified in the Schedule, where the percentage, or the aggregate percentage, of disability as specified in the Schedule against such injury or combination of injuries amounts to less than one hundred per cent;
1*(f) "Period of emergency" means, in relation to the Proclamation of Emergency issued under C1. (1) of Art. 352 of the Constitution;
(i) On the 26th day of October, 1962, the period beginning with the 26th day of October, 1962, and ending with the 10th day of January 1968, that is to say, the date on which the said Emergency was declared, by notification of the Government of India in the Ministry of Home Affairs, No. G.S.R. 93, dated the 10th January, 1968 to have come to an end;
(j) On the 3rd day of December, 1971, the period beginning with the 3rd day of December, 1971, and ending with such date as the Central Government may, by notification in the official Gazette, declare to be the date on which the said Emergency came to an end;]
(g) "Prescribed' means prescribed by rules made under Section. 22;
(h) "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 every injury, or from any combination of injuries, specified in the Schedule, where the percentage, or the aggregate percentage, of disability as specified in the Schedule, against such injury, or combination of injuries, amounts to one hundred per cent, or more;
(i) The "Scheme" means the Personal Injuries (Compensation Insurance) Scheme referred to in sub-Section (1) of Section. 8;
(j) "Wages" means wages as defined in the Workmen's Compensation Act, 1923 (8 of 1923), and "monthly wages" has the meaning assigned to that expression by Section. 5 of the Workmen's Compensation Act, 1923 (8 of 1923), and shall be calculated for the purposes of this Act in the manner laid down in that Section;
(k) "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 employed in any of the employments specified in Section. 3.
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1. Substituted by Act 75 of 1971, Section. 2, for C1.(f) (w.e.f. 25th December, 1971).
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