Page 81 - IRSEM_Main Book

Annexure: 3-A13 - contd.

Workmen’s Compensation Act

1. Application:

1.1. The Workmen's Compensation Act applies to all railway servants as also labourers
employed by contractors for the purpose of carrying out railway work but excluding those
employed in an Administrative, District or Sub-Divisional Office and those mentioned in
Schedule II of the Act whose monthly wages exceed Rs. 500.

1.2. The Workmen's Compensation Act does not apply to staff employed hi foreign
territories and no compensation under the Act is, therefore, legally admissible in respect of
accidents occurring in those foreign territories.

2. Liability for compensation. Compensation under Workmen's Compensation Act is payable
only when a personal injury is caused to a workman by accident arising out of and in the
course of his employment. The Administration shall not, however, be liable to pay any
compensation.

(a) In respect of any injury which does not result in the total or partial disablement of the
workman for a period exceeding three days.

(b) In respect of any injury not resulting in death caused by an accident which is directly
attributable to-

(i) The workman having been at the time thereof under the influence of drink or drugs, or

(ii) The wilful disobedience of the workman to an order expressly given or to a rule
expressly framed, for the purpose of securing the safety of a workman, or

(iii) The wilful removal or disregard by the workman of any safety guard or other device
which he knew to have been provided for the purpose of securing the safety of
workmen.

3. Notice to the Commissioner-

(a) In the case of accidents, which result in the death of railway servants or Contractor's
servants doing work for the railway, employed otherwise than in clerical capacity, within
railway premises, the Divisional Officer concerned shall, within seven days of the date of
death, send a report to the Commissioner in the prescribed form. In the case of staff
governed by the Factories Act, etc, the forms laid down in those Acts for this purpose
shall be used for reporting the fact to the Commissioner.

(b) This notice shall always be sent irrespective of whether the deceased workman, was or
was not on duty at the time-In the latter case the Commissioner's attention shall be
drawn to it specifically.
(c) Copies of such reports shall be sent to the General Manager and the Head of the
Department.

Chapter 3: Duties Of Signal Supervisors And Technical Staff Page 57 of 535