Rules as to Compensation (Sec 4 to 9) (Sec 14A & 17)
Rules as to Compensation (Sec 4 to 9) (Sec 14A & 17): 14A. Compensation to be first charge on assets transferred by employer: Where an employer transfers his assets before any amount due in respect of any compensation, the liability for which arose before the date of the transfer, such amount shall, notwithstanding anything contained in any other law in force, be a first charge on that part of the assets so transferred that consists of immovable property.
Master and seamen have their own set of rules. This Act applies to workers who are masters of ships or seamen, with the following exceptions:
(1) Except where the person injured is the master of the ship, the notice of the accident and the claim for compensation may be served on the master of the ship as if he were the employer; however, where the accident occurred and the disablement began on board the ship, no seaman shall be required to give any notice of the accident.
(2) In the instance of the death of a master or sailor, the claim for compensation must be filed within [one year] of the claimant receiving notice of the death, or within eighteen months of the date on which the ship was, or is assumed to have been, lost with all hands:
Provided, however, that the Commissioner may hear any claim for compensation in any matter, even if the claim was not filed in a timely manner as required by this sub-section, if he is satisfied that the failure to file the claim in a timely manner was due to sufficient reason.
(3) Where an injured master or seaman is discharged or left behind in any part of [India] or [in any foreign country], any depositions taken by any Judge or Magistrate in that part or by any Consular Officer in the foreign country and transmitted to the Central Government or any State Government by the person by whom they are taken shall be admissible in evidence in any proceedings for enforcing the claim:
Rules as to Compensation (Sec 4 to 9) (Sec 14A & 17)
(a) if the deposition is signed by the Judge, Magistrate, or Consular Officer in front of whom it is taken;
(b) if the defendant or the person accused, as the case may be, has a chance to cross-examine the witness by himself or his agent; and
(c) if the deposition was taken in the course of a criminal proceeding, on proof that it was taken in the presence of the person accused, and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition, and a certificate by such person that the defendant or the person accused had an opportunity to cross-examine the witness, and that the deposition, if taken in the course of a criminal proceeding, was taken in the presence of the person accused
Special arrangements for captains and other members of aircraft crews (15A). The following situations are covered by this Act:
Captains and other members of the crew of aircraft who are subject to the following modifications:
(1) Except where the person injured is the captain of the aircraft, the notice of the accident and the claim for compensation may be served on the captain of the aircraft as if he were the employer; however, where the accident occurred and the disablement began on board the aircraft, no member of the crew is required to give notice of the accident.
(2) In the instance of the death of a captain or other member of the crew, the claim for compensation must be filed within one year of the claimant receiving notification of the death, or within eighteen months of the date on which the aircraft was, or is assumed to have been, lost with all hands:
Provided, however, that the Commissioner may hear any claim for compensation in any matter, even if the claim was not filed in a timely manner as required by this sub-section, if he is satisfied that the failure to file the claim in a timely manner was due to sufficient reason.
(3) Where an injured captain or other member of the aircraft’s crew is discharged or left behind in any part of India or in any other country, any depositions taken by any Judge or Magistrate in that part of India or by any Consular Officer in the foreign country and transmitted to the Central Government or any State Government by the person by whom they are taken shall be admissible in evidence in any proceedings for enforcing the claims:
(a) if the deposition is signed by the Judge, Magistrate, or Consular Officer in front of whom it is taken;
(b) if the defendant or the person accused, as the case may be, has the chance to cross-examine the witness by himself or his representative;
(c) if the deposition was taken in the course of a criminal proceeding, on proof that it was taken in the presence of the person accused, and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition, and a certificate by such person that the defendant or the person accused had an opportunity to cross-examine the witness, and that the deposition, if taken in the course of a criminal proceeding, was taken in the presence of the person accused
- Compensation returns: The [State Government] may direct, by notification in the Official Gazette, that every person employing workmen, or any specified class of such persons, shall send a correct return at such time, in such form, and to such authority, as may be specified in the notification, specifying the number of injuries for which compensation has been paid by the employer during the previous year and the amount of such compensation to be received.
Contracting out: Any contract or agreement, whether made before or after the commencement of this Act, in which a worker relinquishes any right to compensation from the employer for personal injury arising out of or in the course of employment is null and void insofar as it purports to remove or reduce any person’s liability to pay compensation under this Act is null and void.
17A. Duty of employer to inform employee of rights: At the time of employment, every employer must inform an employee of his or her rights to compensation under this Act, in writing or electronically, in English or Hindi or the official language of the area of employment, as the employee may understand.