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Section 3 – Personal Injuries (Emergency Provisions) Act, 1962

Personal Injuries (Emergency Provisions) Act, 1962

 

3. POWER TO MAKE SCHEMES FOR RELIEF IN RESPECT OF PERSONAL INJURIES AND PERSONAL SERVICE INJURIES. –

 

(1) The Central Government may make a scheme or schemes in accordance with the provisions of this Act providing for the grant of relief in respect of the following injuries sustained during the period of the emergency, namely :- (a) personal injuries sustained by gainfully occupied persons (with such exceptions, if any, as may be specified in the scheme) and by persons of such other classes as may be so specified; and

 

(b) personal service injuries sustained by civil defence volunteers;

 

Provided that different schemes may be made in relation to different periods of emergency.

 

(2) A scheme may authorise the Central Government or any authority authorised by the Central Government to make payments under this scheme, in such circumstances and subject to such conditions as may be specified in the scheme to make to or in respect of persons injured, diseased or disabled due to injuries or any disease – (a) payments by way of temporary allowance, which shall be payable only so long as the person injured or diseased is incapacitated for work by the injury or disease and has not received any such payment as is mentioned in clause (b);

 

(b) payments otherwise than by way of temporary allowance, which shall be payable only where the injury or disease causes serious and prolonged or permanent disablement or death; and

 

(c) payments for the purchase of or the grant at the Government of artificial limbs or surgical or other appliances and payments for medical and surgical treatment.

 

(3) A scheme may empower the Central Government to make regulations for giving effect to the purposes of the scheme.

 

(4) A scheme may provide that it shall come into operation or shall be deemed to have come into operation on such date as may be specified therein.

 

(5) A scheme may be amended or rescinded at any time by the Central Government.

 

(6) Any decision of the Central Government or other authority empowered to make payments under a schedule as to the making, refusal of amount, or as to the continuance or discontinuance, of a payment under a schedule may be varied from time to time, by a subsequent decision of the Central Government or such authority, as the case may be, but save in so far as it is so varied shall be final and conclusive.

 

(7) Every scheme and every regulation made under a scheme, 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 two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, both Houses agree in making any modification in the scheme or the regulation or both Houses agree that the scheme or the regulation should not be made, the scheme or the regulation 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 scheme or the regulation.

 

 

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Personal Injuries (Emergency Provisions) Act, 1962

 

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