Workmen's Compensation Act, 1923 — section 2

2. Definitions..—(1) In this Act, unless there is anything repugnant in the subject or context,

(a)“adult” and “minor” mean respectively a person who is not and a person who is under the age of fifteen years ;

(b)“Commissioner” means a Commissioner for Workmen’s Compensation appointed under section 20;

(c)“compensation” means compensation as provided for by this Act ; 3 [(d) “dependent” means any of the following relatives of a deceased workman, namely: 1For Statement of Objects and Reasons, see Gazette of India, 1922, Pt. V, p. 313; and for Report of Joint Committee, see ibid., 1923, Pt. V, p. 37. See also the Work men’s Compensation (Amdt.) Act, 1939 (13 of 1939), s. 3. It has been

(i)extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950) (w.e.f. 15­8­1947); as amended by the Baluchistan States Union (Federal Laws) (Extension) (Second Amendment) Order, 1953 (G.G.O. 19 of 1953) (w.e.f. 26­8­1953);

(ii)applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499;

(iii)extended to the Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953) (w.e.f.15­4­1953 );

(iv)extended to the State of Bahawalpur, see the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O. 11 of 1953) (w.e.f. 20-4-1953) as amended by the Bahawalpur (Extension of Federal Laws) (Amdt.) Order, 1953 (G.G.O. 21 of 1953) (w.e.f. 3­11­1953);

(v)extended to the Khairpur State, see the Khairpur (Federal Laws) (Extension) Order, 1953 (G.G.O. 5 of 1953) (w.e.f. 16-4-1953) as amended by (G.G.O. 24 of 1953) (w.e.f. 22­12­ 1953);

(vi)applied to the Railway Servants employed within the Area of the Khyber Agency, see Gazette of India, 1936, Pt. I, p. 1403;

(vii)The Act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see Regulation No. I of 1972, s. 2 and Sch.

(viii)The Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8th September, 1958 by the Gwadur (Application of Central Laws) Ordinance, 1960, (37 of 1960).s. 2. 2 The original sub-section (2) as amended by A.O., 1949 (w.e.f. 28-3-1949) and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8 (w.e.f. 10-5-1951) has been subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (w.e.f. 14-10-1955). 3Subs. by the workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), section 2, for the original clause (d).

(i)a 1[widow], minor legitimate son, and unmarried legitimate daughter, or a widowed mother ; and

(ii)if wholly or in part dependent on the earnings of the workman at the time of his death, a 2[widower], a parent other than a widowed mother, a minor illegitimate son, an unmarried illegitimate daughter, a daughter legitimate or illegitimate if married and a minor or if widowed, a minor brother, an unmarried or widowed sister, a widowed daughter‑in‑law, a minor child of a deceased son, 3[a minor child of a deceased daughter where no parent of the child is alive,] or, where no parent of the workman is alive, a paternal grandparent;]

(e)“employer” includes anybody of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer and, when the services 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 such other person while the workman is working for him ;

(f)“managing agent” means any person appointed or acting as the representative of another person for the purpose of carrying on such other person’s trade or business, but does not include an individual manager subordinate to an employer ;

(g)“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 of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time: Provided that every injury specified in Schedule I shall be deemed to result in permanent partial disablement;

(h)“prescribed” means prescribed by rules made under this Act ;

(i)“qualified medical practitioner” means any person registered 4* * * under any Act of 5[the 6[Federal] Legislature or any Provincial Legislature] providing for the maintenance of a register of medical practitioners (21 & 22 Vict., c.1990), or, in any area where no such last‑mentioned Act is in force, any person declared by the 7[Provincial Government], by notification in the 1 Subs. by the Work men’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 2 (w.e.f. 5­4­1938), for “wife”. 2 Subs. by Act 15 of 1933, s. 2, for “husband”. 3 Ins. ibid. 4 Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3. and Sch., II. 5 Subs. by A.O., 1949 (w.e.f.28­3­1949), for “any Legislature in British India”. 6 Subs. by A.O., 1975, Art. 2 and Table, for “Central” (w.e.f. 14­8­1973). 7 Subs. by A.O., 1937 (w.e.f. 1-4-1937) for “L.G.”. 1 [official Gazette], to be a qualified medical practitioner for the purposes of this Act ; 2 * * * * * * *

(k)“seaman” means any person forming part of the crew of any 3* ship, but does not include the master of 4[the] ship ;

(l)“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 of the accident resulting in such disablement: Provided that permanent total disablement 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 aggregate percentage of the loss of earning capacity, as specified in that Schedule against those injuries, amounts to one hundred per cent ; 5 [(ll) “Tribunal” has the same meaning as in the Industrial Relations Ordinance, 1969 (XXIII of 1969);]

(m)“wages” includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer of a workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment ;

(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 Railways Act, 1890 (IX of 1890), not permanently employed in any administrative, district or sub‑divisional office of a railway and not employed in any such capacity as is specified in Schedule II, or 1 Subs. by A.O. 1937 (w.e.f 01-04-1937) for “local official Gazette”. 2 Cl. (j) was omitted by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 2. 3 The word “registered” omitted, ibid. 4 Subs. ibid., for “any such”. 5 Cl. (ll) ins. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), section 2 and Sch. (w.e.f. 25-1-1975).

(ii)employed 1* * * 2* * *, in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any parson working in the capacity of a member of 3* * * naval, military or air forces 4* * *; and any reference to a workman who has been injured shall, where the workman is dead, include a reference to his dependants or any of them.

(2)The exercise and performance of the powers and duties of a local authority or of any department 5[acting on behalf of the Government] shall, for the purposes of this Act, unless a contrary intention appears, be deemed to be the trade or business of such authority or department. 6 [(3) The 7[Provincial Government], after giving, by notification8 in the 9[Official Gazette], not less than three months’ notice of 10[its] intention so to do, may, by a like notification, add to Schedule II any class of persons employed in any occupation which 11[it] is satisfied is a hazardous occupation, and the provisions of this Act shall thereupon apply 12[within the Province] to such classes of persons: Provided that in making such addition the 7[Provincial Government] may direct that the provisions of this Act shall apply to such classes of persons in respect of specified injuries only.] CHAPTER II WORKMEN’S COMPENSATION