Workmen's Compensation Act, 1923 — section 3

3. Employer’s liability for compensation..—(1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter: Provided that the employer shall not be so liable

(a)in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding 13[four] days ;

(b)in respect of any 14[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 workmen, or 1 The words “either by way of manual labour or” omitted by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933),s. 2. 2Omitted by Act IV of 2007, s. 2 (w.e.f. 1-7-2007). 3The words “His Magesty’s omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II. 4The words “ or of the Royal Indian Marine Service” omitted by A.O., 1937 (w.e.f. 1­4­1937). 5The original words “of the Govt.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (w.e.f. 23­3­1956), to read as above. 6 Subs. by Act 15 of 1933, s. 2, for the original sub-section (3). 7 Subs. by A.O., 1937, for “G.G. in C.”. 8 For such a notification, see Gazette of India, 1935, Pt. I, p. 745 9Subs. by A.O., 1937, for “Gazette of India”. 10Subs. ibid., for “his”. 11Subs. ibid., for “he”. 12Ins. ibid 13 Subs. by the Work men’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 3 (w.e.f.15­3­1957), for “seven” which had been subs. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933),s. 3, for “ten”. 14 Subs. by Act 15 of 1933, s. 3, for injury of workman resulting from.

(iii)the willful 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, 1* 2 * * * * * * *

(2)3[If a workman employed in any employment specified in Part A of Schedule III contracts any disease specified therein as an occupational disease peculiar to that employment], or if a workman, whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months in any employment specified in 4[Part B of] Schedule III, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section and, unless the employer proves the contrary, the accident shall be deemed to have arisen out of and in the course of the employment. Explanation.—For the purposes of this sub‑section a period of service shall be deemed to be continuous which has not included a period of service under any other employer 5[in the same kind of employment].

(3)The 6[Provincial Government], after giving, by notification in the 7[official Gazette] not less than three months’ notice of 8[its] intention so to do, may, by a like notification, add any description of employment to the employments specified in Schedule III, and shall specify in the case of the employments so added the diseases which 9[within the Province] shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and the provisions of sub‑section (2) shall thereupon apply 9[within the Province] as if such diseases had been declared by this Act to be occupational diseases peculiar to those employments.

(4)Save as provided by sub‑sections (2) and (3), no compensation shall be payable to a workman in respect of any disease unless the disease is 10* * directly attributable to a specific injury by accident arising out of and in the course of his employment.

(5)Nothing herein contained shall be deemed to confer any right to compensation on a workman in respect of any injury if he has instituted in a Civil Court a suit for damages in respect of the injury against the employer or any other person ; and no suit for damages shall be maintainable by a workman in any court of law in respect of any injury

(a)if he has instituted a claim to compensation in respect of the injury before a Commissioner ; or 1 The word “or” was omitted by the Work men’s Compensation (Amdt.) Act, 1929 (5 of 1929), s. 2 (w.e.f. 29­3­1929). 2 Cl.(c) was omitted, ibid. 3 The original words beginning “If a workman” and ending “disease of anthrax” were first amended by the Work men’s Compensation (Amdt.) Act, 1926 (29 of 1926),s . 2, and then by the Work men’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 3 (w.e.f.5­4­1938), to read as above. 4 Ins. by Act 9 of 1938, s. 3. 5 Added ibid. 6 Subs. by A.O., 1937 (w.e.f.1­4­1937), for “G.G. in C.”. 7 Subs. ibid., for “Gazette of India”. 8 Subs. ibid., for “his”. 9 Ins. ibid. 10 The words “solely and” omitted by the Work man’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 3.

(b)if an agreement has been come to between the workman and his employer providing for the payment of compensation in respect of the injury in accordance with the provisions of this Act.