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The Employee's Compensation Act, 1923

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    The Employees' Compensation Act, 1923 is a legislation in India that provides for the payment of compensation to employees who suffer injury or disability, or to the dependents of employees who die as a result of injuries sustained during the course of their employment. The Act applies to all establishments employing 10 or more workers, and covers both manual and non-manual workers.

    Under the Act, an employee who suffers an injury or disability as a result of an accident arising out of and in the course of employment is entitled to receive compensation from the employer. The amount of compensation is based on the nature and extent of the injury or disability, and is calculated according to the relevant provisions of the Act.

    In addition to providing for the payment of compensation to injured employees, the Act also contains provisions relating to the notification and reporting of accidents, the investigation of accidents, and the role of the Employees' State Insurance Corporation (ESIC) in administering the Act. The Act also provides for the appointment of commissioners to adjudicate disputes that may arise in relation to the payment of compensation.

    Overall, the Employees' Compensation Act, 1923 is an important piece of legislation that aims to provide financial support to workers who suffer injury or disability as a result of accidents that occur during the course of their employment, and to provide a mechanism for resolving disputes that may arise in relation to the payment of compensation.

    Sections under Employees' Compensation Act, 1923

    The Employees' Compensation Act, 1923 consists of the following sections:

    1. Short title, extent and commencement
    2. Definitions
    3. Compensation for injury by accident
    4. Compensation for occupational diseases
    5. Notice of accident and claim for compensation
    6. Medical examination and treatment
    7. Procedure in case of disagreement as to liability
    8. Procedure in case of disagreement as to amount of compensation
    9. Payment of compensation
    10. Power of commissioner to order payment of compensation
    11. Power of commissioner to order deposit of compensation
    12. Power of commissioner to order temporary payment of compensation
    13. Power of commissioner to award costs
    14. Power of commissioner to enforce attendance and examination
    15. Power of commissioner to summon witnesses and documents
    16. Power of commissioner to examine witnesses on oath
    17. Appeals
    18. Power to make rules
    19. Repeal and saving

    I will now explain each of these sections in more detail:

    1. Short title, extent and commencement: This section provides the short title of the Act (i.e., the Employees' Compensation Act, 1923), and specifies the territorial extent and the date on which the Act will come into force.
       
    2. Definitions: This section defines various terms used in the Act, including "employee," "employer," "injury," "accident," "occupational disease," and "compensation."
       
    3. Compensation for injury by accident: This section sets out the general principle that an employee who suffers an injury or disability as a result of an accident arising out of and in the course of employment is entitled to receive compensation from the employer. The section also specifies the circumstances in which an employee is deemed to have suffered an injury by accident, and the circumstances in which an employer is deemed to be liable for the payment of compensation.
       
    4. Compensation for occupational diseases: This section provides for the payment of compensation to employees who suffer from an occupational disease as a result of their employment. An occupational disease is defined as a disease that is caused by the nature of the employee's work, or by the conditions under which the work is carried out.
       
    5. Notice of accident and claim for compensation: This section requires an employee who has suffered an injury by accident to give notice of the accident to the employer within a specified period of time. The employee must also make a claim for compensation within a specified period of time.
       
    6. Medical examination and treatment: This section provides for the examination and treatment of an employee who has suffered an injury by accident. The section requires the employer to arrange for the examination and treatment of the employee, and specifies the circumstances in which the employer is required to pay for such examination and treatment.
       
    7. Procedure in case of disagreement as to liability: This section sets out the procedure to be followed in cases where there is a disagreement between the employee and the employer as to whether the employer is liable to pay compensation.
       
    8. Procedure in case of disagreement as to amount of compensation: This section sets out the procedure to be followed in cases where there is a disagreement between the employee and the employer as to the amount of compensation that should be paid.
       
    9. Payment of compensation: This section sets out the circumstances in which the employer is required to pay compensation, and specifies the manner in which such payment is to be made.
       
    10. Power of commissioner to order payment of compensation: This section gives the commissioner the power to order the employer to pay compensation in cases where there is a disagreement as to liability or the amount of compensation.
       
    11. Power of commissioner to order payment of compensation: The Power of commissioner to order payment of compensation is a provision of the Employees' Compensation Act, 1923 that gives the commissioner the power to order the employer to pay compensation in cases where there is a disagreement as to liability or the amount of compensation.
       
    12. Power of commissioner to order temporary payment of compensation: This section gives the commissioner the power to order the employer to make temporary payments of compensation to the employee while a claim for compensation is being considered. The purpose of these temporary payments is to provide financial support to the employee while the claim is being processed.
       
    13. Power of commissioner to award costs: This section gives the commissioner the power to award costs (i.e., expenses incurred in relation to the proceedings) to either the employee or the employer, as the commissioner sees fit.
       
    14. Power of commissioner to enforce attendance and examination: This section gives the commissioner the power to enforce the attendance of any person at a hearing, and to examine such person on oath.
       
    15. Power of commissioner to summon witnesses and documents: This section gives the commissioner the power to summon witnesses and require the production of documents in relation to a claim for compensation.
       
    16. Power of commissioner to examine witnesses on oath: This section gives the commissioner the power to examine witnesses on oath in relation to a claim for compensation.
       
    17. Appeals: This section provides for the right of appeal against a decision of the commissioner. The section specifies the circumstances in which an appeal may be made, and the procedure for making an appeal.
       
    18. Power to make rules: This section gives the central government the power to make rules for the purpose of carrying out the provisions of the Act.
       
    19. Repeal and saving: This section provides for the repeal of certain earlier legislation, and saves any rights or liabilities that may have been acquired or incurred under such legislation.