(1) The power to make rules conferred by 6 [section 32] shall be subject to the condition of the rules being made after previous publication.
(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 GO of 1897); as that after which a draft of rules proposed to be made under section 32 7 *** will be taken into consideration, shall not be less than three months from the date on which the draft of the proposed rules was published for general information.
1. In the application of the Act of Bengal, new clauses (ff), (ff1) and (ff2) have been inserted here by Ben, Act 6 of 1942, s. 5.
2. The word “and” at the end of clause (h) and the original clause (i) omitted, and the new clauses, (i) to (n), which were the same as clauses, (a) to (f) of s. 33, ins. by the A. O. 1937.
3. The word “and” omitted by Act 58 of 1960, s. 3 and the Second Schedule.
4. Ins. by Act 8 of 1959, s. 16 (w.e.f.1-6-1959).
5. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f.15-5-1986).
6. Subs. by the A.O. 1937, for “sections 32 and 33”.
7. The words and figures “or section 33” rep.; ibid.
28
(3) Rules so made shall be published in 1 *** the Official Gazette 2 *** and, on suchpublication, shall have effect as if enacted in this Act.
3 [35. Rules to give effect to arrangements with other countries for the transfer of money paid as compensation.— 4 [(1)] The Central Government may by notification in the Official Gazette, make rules for the transfer 5 *** 6 [to any foreign country] of money 7 [deposited with] a Commissioner under this Act 8[which has been awarded to or may be due to], any person residing or about to reside in 9[such foreign country] and for the receipt 10 [distribution] and administration in 11 [any State] of any money 12 [deposited] under the law relating to Workmen’s compensation 13 *** 14 [in any foreign country], 15 [which has been awarded to, or may be due to] any person residing or about to reside in 11 [any State]:]
10 [Provided that no sum deposited under this Act in respect of fatal accidents shall be so transferred without the consent of the employer concerned until the Commissioner receiving the sum has passed orders determining its distribution and apportionment under the provisions of sub-section (4) and (5) of section 8.]
(2) Where money deposited with a Commissioner has been so transferred in accordance with the rules made under this section, the provisions elsewhere contained in this Act regarding distribution by the Commissioner of compensation’ deposited with him shall cease to apply in respect of any such money.
16 [36. Rules made by Central Government to be laid before Parliament.—Every rule made under this Act by the Central Government shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 17 [two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. The words “The Gazette of India or” rep., by the A. O. 1937.
2. The words “as the case may be” rep., ibid.
3. Ins. by Act 15 of 1933, s. 20.
4. The original s. 35 renumbered as sub-section (1) of that section by Act 7 of 1937, s. 2.
5. The words “to any Part B State or” ins. by the A.O. 1948, omitted by Act 3 of 1951, s. 3 and the Schedule.
6. Subs. by Act 22 of 1984, s. 5, for certain words (w.e.f.1-7-1984).
7. Subs. by Act 7 of 1937, s. 2, for “paid to”.
8. Subs. by s. 2, ibid., for “for the benefit of”.
9. Subs. by Act 22 of 1984, -s. 5, for “such part of country” (w.e.f.1-7-1984).
10. Ins. by Act 7 of 1937, s. 2.
11. Subs. by Act 3 of 1951, s. 3 and Schedule, for “a Part A State or Part C State”.
12. Subs. by Act 7 of 1937, s. 2, for “awarded”.
13. The words “in any Part B State or” ins. by the A.O. 1950, first five words were omitted by Act 3 of 1951, s. 3 and the Schedule, and the word “or” was omitted by Act 36 of 1957, s. 3 and the Second Schedule.
14. Subs. by Act 22 of 1984, s. 5, for certain words (w.e.f.1-7-1984).
15. Subs. by Act 7 of 1937, s. 2, for “and applicable for the benefit of”.
16. Ins. by Act 64 of 1962, s. 8 (w.e.f.1-2-1963).
17. Subs. by Act 65 of 1976, s. 3, for certain words (w.e.f.21-5-1976).
29 1 [SCHEDULE I [See sections 2(1) and (4)] 2 [PART I LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT] Serial No.
Description of injury Percentage of loss of earning capacity
1. Loss of both hands or amputation at higher sites……………………………. 100
2. Loss of a hand and a foot……………………………………………………. 100
3. Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot…………………………………………..
100
4. Loss of sight to such an extent as to render the claimant unable to perform any work for which eye sight is essential…………………………………...
100
5. Very severe facial disfigurement…………………………………………… 100
6. Absolute deafness………………………………………………………… 100 3 [PART II LIST OF INJURIES DEEMED TO- RESULT IN PERMANENT PARTIAL DISABLEMENT] Amputation cases—upper limbs (either arm) 4 [1] Amputation through shoulder joint……………………………………………………… 90 4[2] Amputation below shoulder with stump less than 5[20.32 cms.] from tip of acromion …. 80 6 [3] Amputation from 7 [20.32 cms] from tip of acromion to less than 7 [11.43cms.]
below tip of olecranon…….
70 6 [4] Loss of a hand or of the thumb and four fingers of one hand or amputation from 6 [11.43] below tip of olecranon…………………………………………………….
60 6 [5] Loss of thumb…………………………………………… 30 6 [6] Loss of thumb and its metacarpal bone…………………………………………… 40 6 [7] Loss of four fingers of one hand……………………………………………… 50 6 [8] Loss of three fingers of one hand……………………………………………… 30 6 [9] Loss of two fingers of one hand…………………………………………………… 20 6 [10] Loss of terminal phalanx of thumb……………………………………………… 20 6 [10A Guillotine Amputation of tip of thumb without loss of bone……… 10]
1. Subs. by Act 8 of 1959, s. 17, for the First Schedule (w.e.f. 1-6-1959).
2. Subs. by Act 64 of 1962, s. 9, for heading (w.e.f. 1-2-1963).
3. Ins. by s. 9, ibid. (w.e.f. 1-2-1963).
4. Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48 respectively by s. 9, ibid. (w.e.f. 1-2-1963).
5. Subs. by Act 30 of 1995, s. 14, for “8” (w.e.f.15-9-1995).
6. Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48 respectively by Act 64 of 1962, s. 9 (w.e.f. 1-2-1963).
7. Subs. by Act 30 of 1995, s. 14 for certain numbers (w.e.f.15-9-1995).
30 Serial No.
Description of injury Percentage of loss of earning capacity Amputation cases—lower limbs 1 [11] Amputation of both feet resulting in end-bearing tumps………………… 9