ESI ACT 1948

1. Mission Statement To provide for certain benefits to Employees in case of sickness, maternity andemployment injury and to make provisions for related matters.The ESI Scheme is an integrated measure of SocialInsurance come to the life through the EmployeesState Insurance Act 1948, and is designed tocomplete the task of protecting Employees asdefined in the ESI Act 1948, against the hazards ofsickness, maternity, disablement or death due toemployment injury and to provide full medical careto insured persons and their families. 2. COVERAGE : No. of States/UTs covered:- 29 No. of implemented centers:- 787 No. of Employees:- 1.39 crores No. of Insured Persons/Family units:- 1.43 crores No. Insured women:- 26.00 lakhs No. of Beneficiaries:- 5.55 crores No. of Employers covered:- 4.06 lakhsINFRASTRUCTURE : No. of Regional/SubRegional/Divl. Offices:- 52 No. of Branch/Pay offices:- 798 No. of ESI Hospitals:- 148 No. of Hospital Annexes:- 42 Total No. of Hospital Beds:- 27,739 No. of ESI dispensaries:- 1388 No. of IMOs/IMPs/Specialists etc.:- 8925 No. of Para-medical staff:- 45000At an average the ESI Corporation makes 40 lacs individual payments each year amounting to aboutRs. 300 crores through its wide spread network of branch Offices in the implemented areas. 3. Under Section 2(12) The Act is applicable to the factories employing 10 (Ten)or more persons irrespective of whether power is used in the process ofmanufacturing or not.Under Section 1(5) of the Act, the Scheme has been extended to shops, hotels,restaurants, cinemas including preview theatre, road motor transportundertakings and newspaper establishment employing 20 (Twenty) or morepersons.Further, u/s 1(5) of the Act, the Scheme has been extended to Private MedicalInstitution and Educational Institutions employing 20 (Twenty) or morepersons in certain States .The existing wagelimit for coverage under the Act, is Rs.15,000/- per month(excluding remuneration for overtime) w. e. f:May 01, 2010.AREAS COVEREDThe ESI Act is applicable across the length and breadth of the India. 4. The amount of contribution (Employees and Employers share) is to bedeposited with the authorized bank (State Bank Of India) throughOnline Generated Challan, on or before 21st day of the Succeedingmonth, of month following the calendar month.If the employee is drawing upto Rs.70/- as daily average wage, he isexempt from the payment of his share of contribution. The employer ishowever to pay employers share of 4.75% of the salary received by theemployee.The State Govt. bears one-eight share of expenditure on medicalbenefits with in the per capita ceiling of Rs.1200/- per I.P. family perannum & all additional expenditure beyond the ceiling. 5. Employers covered under the Act, are required to pay contribution towards the scheme on a monthly basis. There are two contribution periods each of six months and two corresponding benefit periods also of six months duration as under. Contribution Period Benefit Period 1st April to 30th Sep. 1st Jan to 30th June (of the following year ) 1st Oct to 31st March 1st July to 31st Dec.**At an average the ESI Corporation makes 40 lacs individual payments each year amounting to about Rs. 300 crores as cash benefits.

6. The following benefits are provided undersection 46.Medical benefitSickness benefitMaternity benefitDisablement benefitDependents benefitFuneral expensesOthers Benefits 7. The ESI Scheme provides full range of Medical Care to all Insuredperson and thier family, through a network of ESI Dispensaries,Hospitals & Panel clinics, Diagnostic centers & Super Speciality.SuperSpeciality treatment such as:- Open Heart Surgery, NeuroSurgery, Bone Marrow Transplant, Kidney Transplant or specializedinvestigations like CAT scan, MRI, Angiography etc.Eligibility for MB:- An employee who is covered under the Schemefor the first time is eligible for medical care for a period of threemonths. If employee contributes atleast for 78 days in a contributionperiod the eligibility is there upto the end of the correspondingbenefit period.Claim form under ESI Act:- Form - 09 8. Sickness Benefits represents periodical cash payments made to an IP during the period of certified sickness occurring in a benefit period when IP requires medical treatment and attendance with abstention from work on medical grounds. Eligibility for SB:- Minimum 78 days contribution in one contribution period. The daily rate of Sickness Benefit is 50% of the daily wages. Max. Duration:Maximum period of 91 days in any two consecutive benefit periods. Claim form under ESI Act:- Form 09 Extended Sickness Benefit:Extended Sickness Benefit is a Cash Benefit paid for prolonged illness due to any of the 34 specified diseases as per (Annexure A).Eligibility for SB:- Continuous employment for a period of 2 years and should have contributed for atleast 156 days in 4 preceding contribution periods. The daily rate of Extended Sickness Benefit is 40% more than SB rate.Maximum Duration of ESB:Including Sickness Benefit payable for 91 days the ESB is payable upto a further period of 124/309 days that can be extended upto 2 years in special circumstances on recommendation of competent authority. 9. Maternity benefit consists of periodical cash payments in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, to an insured woman as certified by a duly appointed medical officer or mid wife.Eligibility for MB:- The contribution condition is the same as for Sickness Benefit. The daily benefit rate is double the Sickness Benefit rate and is thus roughly equivalent to the full wages. Benefit is paid for Sundays also.The Benefit is paid as follows:- (a) For Child Delivery:- For a total period of 12 weeks beginning not more than 6 weeks before the expected date of child birth.(b) For Miscarriage:- For a period of 6 weeks following the date of miscarriage.(c) For Sickness arising out of pregnancy, confinement, premature birth of child or miscarriage:- For an additional period of upto 04 weeks.Claim form under ESI Act:- Form 09 & 19 (Notice of Work)Medical Bonus:-Medical Bonus is lump sum payment made to an insured woman or the wife of an insured person in case she does not avail medical facility from an ESI hospital at the time of delivery. The amount of Bonus is Rs. 2500/-. 10. Disablement benefit is admissible for disablement caused byemployment injury. At the first instance, temporarydisablement benefit is payable as long as the temporarydisability lasts. If the employment injury results in partial ortotal/permanent disability, permanent disablement benefit ispayable till the death of the insured person.The Daily benefit rate for Permanent and Temporary Disablement is roughlyequivalent to about 100% of the wage rate. For permanent partial disablement,the rate of benefit is proportionate to the percentage of loss of earningcapacity. The benefit is paid for Sundays also.Claim form under ESI Act:-For Temp. Disablement:- Form 09For Per. Disablement:- Form 14

11. Dependents benefit is paid as family pension to the dependants of a deceased insured person in the event of death due to employment injury or occupational disease and is equivalent to about 70% of the wages. Eligible Members: A widow can receive this benefit on a monthly basis for life or till her remarriage. A son or daughter can receive this benefit till twenty five years of age. Other dependants like parents including a widowed mother etc. can also receive this benefit under certain conditions. The first installment is payable within a maximum of three months following the death of an insured person and therefore, on a regular monthly basis.Claim form under ESI Act:- Form 15 & 16 12. Funeral expenses are in the nature of a lump sum payment untoa maximum of Rs. 5000/- (revised w.e.f:- May 2010) made todefray the expenditure on the funeral of deceased insuredperson. The amount is paid either to the eldest survivingmember of the family or, in his absence, to the person whoactually incurs the expenditure on the funeral.Claim form under ESI Act:- Form 22Others Benefits:Rehabilitation Allowance:- Rehabilitation in case of disabled insured persons under45 years of age with 40 percent or more disablement.Free Supply:- Free Supply of physical aids and appliances such as crutches, wheelchairs,dentures, spectacles and other such physical aids. Old Age Medical Care:- Old age Medical care for self and spouse at a nominalcontribution of Rs. 120/- per annum.Rajiv Gandhi Shramik Kalyan Yojana:- Unemployment Allowance is payable to thoseworkers facing involuntary unemployment due to closure of factory or non-employmentinjury. Benefit rate which is just above 50% of the daily wages for max 01 year.

13. Complete the Registration process with in 15 days after the Act becomesapplicable. Submit Form 01 to the Regional office or apply throughOnline to get the unique Registration No. under this Act.Following Responsibility are:Maintain an Accident Book in Form - 11 (under Regulation 66) Report in Form 16 certificates.Records Maintenance :-Register of Employees in Form -6 (under Regulation 32)Accident Book in Form - 11 (under Regulation 66)Inspection Book (under Regulation 102A)File for copies of return of declaration forms.File for copies of Return of Contribution, Challans, etc.File for general correspondence & copies of Accident Reports. 14. Right to receive payment of any benefit under the Act that shall not betransferable or assignableCash Benefits payable under the Act are not liable to attachment or sale inexecution of any decree or order of any court.Employer shall not dismiss, discharge or reduce the wages or otherwisepunish a covered employee during the period he/she is in receipt of SicknessBenefit or Maternity Benefit etc.By reason of his liability to pay his share of contribution under the ESI Act, noemployer shall directly or indirectly reduce the wages of a covered employee.Right to register their grievances/complaints at any level for immediateredressal .Right to approach EI Court against any action/ decision of the medical Boardetc. 15. * Medical treatment is available in any ESI Dispensary, Centre and ESI Hospital all over of India.* As per rule, smart card (know as Pahachan card) will be accepted (valid) for life long.* No need to take new card, when employee is changing the job or office.* It is comfortable to carry always by the insured

persons.* You and your family members details can change with out any objection.* The person who is insured in future his health record will be available at online in all India ESIC centers.* Every one can find easily insured persons and his family member.* Temporary and permanent workers can use this facility. 16. Under Section 39(5)(a) of the ESI act, read with Regulation 31(A) of the ESI(General) Regulations 1950, the employer is liable to pay simple interest at therate of 15 percent per annum in respect of each day of default or delay inpayment contributions. In addition, under the Provision of Regulation 31-C ofESI (General) Regulations, 1950, read with section 85 (B)(i) of the ESI Act, theCorporation is empowered to recover damage as under: Period of delay in Rate of Damagespayment of Contribution on the amount duei). Up to less than 2 months 5%ii). 2 months and above but less than 4 months 10%iii). 4 months and above but less than 6 months 15%iv). 6 months and above 25%

Maternity Act 1. An Act to regulate the employment of women in certain establishmentfor certain period before and after child-birth and to provide formaternity benefit and certain other benefits.The Objective of Maternity Leave & Benefit is to protect the dignity of Motherhoodby providing the Complete & Healthy care to the women & her child, when she is notable to perform her duty due to her health condition. In the morden world, as theparticipation of women employees is growing in every industry, so the need of theMaternity Leave & other Benefits are becoming increasingly common.Motherhood is a very special experience in every womans life. And this is one timewhen she needs to take best care of herself so that she can give birth to a healthy androbust baby. It also alters her lifestyle and requires her to make certain compromiseswith her daily life style. A woman needs to be able to give quality time to her childwithout having to worry about whether she will lose her job and her source of income.The Maternity Benefit Act, 1961, gives her the assurance that her rights will be lookedafter while she is at home to care for her child. 2. The Act extends to whole of India. In the first instance, to every establishment being afactory, mine or plantation in which 10 or more persons are or were employed on anyday of the preceding (12) twelve months. (including any such establishment belongingto Government & to every establishment wherein persons are employed for theexhibition of equestrian, acrobatic and other performances).The Act is applicable to mines, factories, circus industry, plantations, shops andestablishments employing ten or more persons, except employees covered under theEmployees State Insurance Act 1948. It can be

extended to other establishments bythe State Governments.The Central Industrial Relations Machinery (CIRM) in the Ministry of Labour isresponsible for enforcing this Act. CIRM is an attached office of the Ministry and isalso known as the Chief Labour Commissioner (Central) [CLC(C)] Organization. TheCIRM is headed by the Chief Labour Commissioner (Central). 3. Right of Maternity Benefit. :- Every pregnant working women in any establishmentare eligible for Maternity Benefit, provided they have served in the establishment forat least 80 days in (12) Twelve months before the expected date of delivery. However,if a woman is earning less than Rs:- 15,000/- she may be offered ESI scheme by heremployer, & will be not eligible for the maternity benefit but she will receive theMaternity Bebefit under ESI Scheme.Subject to the provisions of this Act, every employed woman shall be entitled to, andher employer shall be liable for the payment of maternity benefit @ of the averagedaily wages (including DA, HRA, Food Allow, Incentive Bonus,etc) for the period ofher actual absence immediately preceding and including the day of her delivery forthe six weeks immediately following that day.Note:- No working woman shall be entitled to maternity benefit unless she hasactually worked in an establishment of the employer for a period of not less than 80days in the twelve months immediately preceding the date of her expected delivery. 4. Under Section - 5(2) of the Maternity Benefit Act, 1961 : No womanshall be entitled to Maternity Benefit unless she has actually worked in anestablishment not less than 80 Days in the 12 months immediatelypreceding the date of her expected delivery. But aforesaid shall not applyto a woman who has immigrated into the State of Assam and was pregnantat the time of the immigration.Ten (10) weeks before the date of her expected delivery, she may ask theemployer to give her light work for a month. At that time she shouldproduce a certificate that she is pregnant. She should give written notice to the employer about Seven (07) weeksbefore the date of her delivery that she will be absent / on leave for sixweeks before and after her delivery. She should also name the person towhom payment will be made in case she cannot take it herself. 5. Cash Benefits:-Leave with average pay for six weeks (84 Days) before the delivery.Leave with average pay for six weeks (84 Days) after the delivery.She can take the Pay for the first Six (06) weeks before start of Maternity leave.She will get Pay for the Six (06) weeks after child-birth within 48 hours of Request.A medical bonus of Rs. 1,000/- (As Per latest Amendment) if the employer does notprovide free medical care to the woman.An additional leave with pay up to one month if the woman shows proof of illnessdue to the pregnancy, delivery, miscarriage or premature birth of child. (Section 10)In case of miscarriage, Six (06) weeks leave with average pay w.e.f :- miscarriage. For Tubectomy operation : Leave with wages @ of maternity benefit for a periodof 2 weeks.No deduction from the normal & usual daily wages of a woman entitled tomaternity benefit under the provisions of this Act shall be made . 6. Non Cash Benefits:-Light work for Ten (10) weeks (Six weeks plus One month) before the date of herexpected delivery, if she asks for it.Two Nursing breaks in her daily work until the child is (15) fifteen months old.No discharge or dismissal while she is on Maternity Leave. (Section 5)No charge to her disadvantage in any of the conditions of her employment while onmaternity leave.Pregnant women discharged or dismissed may still claim maternity benefit from theemployer.No deduction from the normal and usual daily wages of a woman entitled tomaternity benefit under the provisions of this

Act.Note:- In case the woman dies during this period, the maternity benefit shall be payable onlyfor the days up to and including the day of her death. In case child is alive then CompleteMaternity. If the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 5, or 6 the amount to be paid to the Nominee of Legal Representative. 7. Under this Act, No employer can knowingly employ a woman in hisestablishment during the six weeks following the day of her delivery or hermiscarriage. However, if the pregnant woman herself makes a request, she shouldnot be forced to indulge in work of an arduous nature, or be forced to stand for longhours. Such work might adversely affect her pregnancy or health or normaldevelopment of the foetus or cause miscarriage. No woman shall work in any establishment during the six weeks immediatelyfollowing the day of her delivery [miscarriage or medical termination of pregnancy]. Dismissal during absence of pregnancy:- When a woman absents herself fromwork in accordance with the provisions of this Act, it shall be unlawful for heremployer to discharge or dismiss her during or on account of such absence or togive notice of discharge or dismissal on such a day that the notice will expire duringsuch absence, or to vary to her disadvantage any of the conditions of her service. In case of Gross misconduct the employer in written can communicate aboutdepriving such benefit. Within 60 days from date of deprivation of maternity benefit,any Women can appeal to the authority prescribed by law. 8. Forfeiture of Maternity Benefit:- If a woman works in any establishment after shehas been permitted by her employer to absent herself under the provisions of section6 for any period during such authorised absence, she shall forfeit her claim to thematernity benefit for such period.Abstract of Act and rules:- An abstract of the provisions of this Act and the rulesmade thereunder in the language or languages of the locality shall be exhibited in aconspicuous place by the employer in every part of the establishment in whichwomen are employed.Records Managment:- Every employer shall prepare and maintain such registers,records and muster-rolls and in such manner as may be prescribed under theMaternity Act.Penalty for contravention of Act :- If any employer fails to pay any amount ofmaternity benefit to a woman entitled under this Act or discharges or dismisses suchwoman during or on account of her absence from work in accordance with theprovisions of this Act, the employer shall be punishable with imprisonment whichshall not be less than (03) three months but which may extend to (01) one year andwith fine which shall not be less than Rs:- 2000/-, which may extend to Rs:- 5000/-.

Workmans Compensation Act

1. Workmen Compensation Act, 1923Ranjeet Kumar Yadav1

2. ObjectivesThe Act, aims to provide workmen and/or their dependents some relief or compensation in case of accidents arising out of and in the course of employment and causing either death or disablement (partial or total) of workmen.2 3. Scope and CoverageThe Act extends to the whole of India.It applies to workmen employed in factories, mines, plantations, transport establishments, construction work, railways, ships, circuses, & other hazardous occupations & employments specified in Schedule II to the Act.The coverage of this act is also to cooks employed in hotels and restaurants.The Act does not apply to members of Armed Forces of the Union & workmen who are covered by the ESI Act, 1948.3 4. Definitions[Sec.2]CommissionerDependantEmployerDisablementWagesWorkman4 5. CommissionerSec.2(1)(b)Commissioner means a Commissioner for Workmens Compensation appointed under Sec.20.5 6. Dependant[Sec.2(1)(d)]Dependant means any of the following relatives of a deceased workman, namely:(I) a widow, a minor legitimate or adopted son and unmarried legitimate or adopted daughter, or a widowed mother.(II) if wholly dependant on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm.(III) And any of the following were wholly or partly dependent on the workman at the time of his death a widower, a parent other than a widowed mother, a minor illegitimate son, a unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married & a minor or if widowed & minor, a minor brother or an unmarried sister or a widowed sister if a minor, a widowed daughter-in-law, a minor child of predeceased son & daughter where no parent of the child is alive & a paternal grandparent if not the parent of the workman is alive.6 7. Employer[Sec.2(1)(e)]"employer" includesAny body of persons whether incorporated or not;Any managing agent of an employer; andThe legal representative of a deceased employer.7 8. DisablementDisablement means loss of capacity to work or to move. Disablement of workman may result in loss or reduction of his earning capacity. In the later case, he is not able to earn as much as he used to earn before his disablement.Disablement may be (1) partial, or (2) total.Further it may be (i) permanent, or (i) temporary.8 9. Partial disablement-2.1(g)This means any disablement as reduces the earning capacity of a workman as a result of some accident. It may be temporary or permanent.Temporary partial disablement means any 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.Permanent partial disablement is one which reduces the earning capacity of a workman in every employment which he was capable of undertaking at that time of injury.9 10. Total disablement-2.1(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 10

11. Wages*Sec.2(1)(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 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.11 12. Workman*Sec.2(1)(n)+workman means any person who is-(a) a railway servant as defined in clause (34) of section 2 of the Railways Act, 1989 (24 of 1989), 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(b) a master, seaman or other member of the crew of a ship, etcIt does not include a person whose employment is of casual nature.12 13. Rules Regarding Workmens Compensation13 14. Employers Liabilities For Compensation*Sec.3+An employer is liable to pay compensation to workman for-1. Personal injury by accident- An employer is liable to pay compensation to workman if personal injury is caused to him by accident arising out of & in the course of his employment.2. Occupational diseases- workers employed in certain occupations are exposed to certain diseases which are inherent in those occupation.14 15. Employer is not Liable For 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 or permanent total disablement, 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 willful 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 (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 workmen15 16. Doctrine of Notional Extension:The expression in the course of his employment', connotes not only actual work but also any other engagement natural and necessary thereto, reasonably extended both as regards work-hours and work-place. It refers to the time during which the employment continues. . However, this is subject to the theory of notional extension of the employer's premises so as to include an area which the workman passes and re-passes in going to and in leaving the actual place of work. There may be some reasonable extension in both time and place and a workman may be regarded as in the course of his employment even though he had not reached or had left his employer's premises. This is also called as the Doctrine of Notional Extension. The doctrine of notional extension could not be placed in a strait jacket; it was merely a matter of sound common sense as to when and where and to what extent this doctrine could be applied.16 17. Amount Of Compensation[Sec.4]The amount of compensation payable to a workman depends onthe nature of injury caused by accident,the monthly wages of the workman concerned, andthe relevant factor for working out lump sum equivalent of compensation amount as specified in Schedule IV.There is no distinction between an adult and a minor worker with respect to the amount of compensation.17

18. Compensation For DeathIn case of death resulting from injury, the amount of compensation shall be equal 50% of the monthly wages of the deceased workman multiplied by the relevant factor. Or an amount of Rs 80,000/- whichever is more.18 19. Example:A workman is employed in a factory on a monthly wage of Rs 3000. While working he met with an accident and dies on oct 2000. His date of birth is July 18 , 1970. The amount of compensation payable to his dependent would be50* monthly wages* Relevant factor of age 30 1000r 80,000 whichever is higher50* 3000* 207.98 = 3,11,970 100 Since Rs 311970 is more than 80000 the compensation payable to him shall be Rs 311,970 19 20. Compensation For Permanent Total DisablementIn case of permanent total disablement resulting from the injury, the amount of compensation shall be 60% of the monthly wages of the injured workman multiplied by the relevant factor or Rs 90,000/- thousand whichever is more.For the above example the compensation would be60* 3000* 207.98 = 3,74,365 100Since Rs 3,74364 is more than 90,000 the amount of compensation payable should be Rs 3, 7436420 21. Compensation For Permanent Partial DisablementWhere permanent partial disablement occurs, the amount of compensation payable shall be as follows:in case of an injury specified in part II of the schedule I, the amount of compensation shall be such percentage of the compensation which would have been payable is the percentage of loss of earning capacity caused by that injury.in case of an injury not specified in schedule I, such percentage of the compensation is payable which is proportionate to the loss of earning capacity (as assessed by a qualified medical practitioner) permanently caused by the injury. 21 22. Example: A worker whose monthly wages is RS 3000 loses one eye AS A RESULT OF Injury caused to him on Nov 15, 1995. On Oct 1, 1995. He had completed 20 years of age. The amount of compensation payable to him would be40% of 60* 3000* 224 = 1,61,280 100 22 23. Compensation For Temporary Disablement(Total or Partial)If the temporary disablement, whether total or partial results from the injury, the amount of compensation shall be a half monthly payment of the sum equivalent to 25% of the monthly wages of the workman to be paid in accordance with the provisions.The half monthly payment shall be payable on the sixteenth day from the date of disablement In cases where such disablement lasts for a period of 28 days or more compensation is payable from the date of disablementIn other cases After the expiry of a waiting period of three days from the date of disablement.23 24. Compensation to be paid when due & penalty for default[Sec.4A]As per this section, compensation has to paid as soon as it is dueIn case the employer does not accept the liability of paying the compensation, he is bound to make provisional payment to the extent of the liability he accepts. Such amount has to be deposited with the commissioner or paid to the workman. If he defaults, the commissioner may order:the payment of the amount with interest at12 % per yearif the default to be unjustifiable then the commissioner may order payment of a further sum not exceeding 50% of the amount due, by way of penalty.24

25. Method of calculating monthly wages[Sec.4A]25The monthly wages of the workman shall be onetwelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period.where the whole of the continuous period of service immediately preceding the accident during which the workman was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the workman shall be the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by a workman employed on the same work by the same employer, or, if there was no workman so employed, by a workman employed on similar work in the same locality.in other cases [including cases in which it is not possible for want of necessary information to calculate the monthly wages under clause (b), the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period. 26. Distribution of Compensation[sec.8]The compensation payable for death andThe compensation payable to a woman or person of legal disability shall be through the commissioner only.Employer can make advance payment directly to dependents in case of death equivalent to three months salary of the deceased person.Employer is exonerated from his liability if he deposits the compensation amount with the commissioner within the stipulated time. The commissioner shall call all dependents of the deceased and determine the method for distribution of compensation among them.If no dependents are found then amount shall be refunded to the employer.On request by the employer the commissioner shall furnish the details of disbursement.26 27. Notice & Claim[Sec.10]To claim the compensation:The claimant shall give notice of accident to the employer or by entering in the notice book within the reasonable period. Every such notice shall give the name and address of the person injured, the cause of the injury and the date on which the accident happened andSubmit the claim application to the commissioner within two years from the date of accident.In case of occupational disease the accident is deemed to have occurred on the first day of disease.Defect if any in the notice or not giving notice or delayed application will not bar the claim for compensation.27 28. Commissioners[Sec.20]The State Government may, by notification in the Official Gazette, appoint any person to be a Commissioner for Workmen's Compensation for such area as may be specified in the notification.Any Commissioner may, for the purpose of deciding any matter referred to him for decision under this Act, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiryEvery Commissioner shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). 28 29. Appeals[Sec.30](1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely :- (a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;(aa) an order awarding interest or penalty under section 4A; (b) an order refusing to allow redemption of a half-monthly payment; (c) an order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claim of a person alleging himself to

be such dependant;(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12(2) The period of limitation for an appeal under this section shall be sixty days. (3) The provision of section 5 of the Limitation Act, 1963 (36 of 1963) shall be applicable to appeals under, this section. 29