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Schedule 2 – Workmen’s Compensation Act, 1923

Workmen’s Compensation Act, 1923

 

 

SCHEDULE II—

 

 

SCHEDULE II

[See section 2(1) (n)]

LIST OF PERSONS WHO, SUBJECT TO THE PROVISIONS OF
SECTION 2 (1) (n), ARE INCLUDED IN THE
DEFINITION OF WORKMEN

 

The following persons are workmen within the meaning of section 2 (1) (n) and subject to the provisions of that section, that is to say, any person who is—

 

1[2[(i) employed, otherwise than in a clerical capacity or on a railway, in connection with the operation 3[, repair] or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or

 

(ii) employed, otherwise than in a clerical capacity, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act, 1948 (63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, 4[whether or not employment in any such work is within such premises or precincts] and steam, water or other mechanical power or electrical power is used; or

 

(iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises wherein or within the precincts whereof twenty or more persons are so employed; 5[***]

 

6[Explanation.—For the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected, with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or]

 

State Amendment

 

Tamil Nadu.—In Schedule II, after clause (iii), insert the following clause, namely:—

 

“(iii-a) Employed for the purpose of making, altering, repairing, ornamenting, finishing, or otherwise adapting for use, transport or sale, any article or part of an article in any place where in steam, water or other mechanical power or electrical power is not used if the State Government have by notification in the Official Gazette, under section 85 of the Factories Act, 1948, declared that all or any of the provisions of that Act shall apply to such place.”

 

[Vide St. George Gazette, Pt. II, sec. 1, p. 4, dated 2nd January, 1963.]

(iv) employed in the manufacture or handling of explosives in connection with the employer’s trade or business; or

 

(v) employed, in any mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952), in any mining operation or in any kind of work other than clerical work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or

 

(vi) employed as the master or as a seaman of—

 

(a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or

 

(b) any ship not included in sub-clause (a), of twenty-five tons net tonnage or over; or

 

(c) any sea going ship not included in sub-clause (a) or sub-clause (b) provided with sufficient area for navigation under sails alone; or

(vii) employed for the purpose of —

 

(a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to 7[the Ports Act, 1908 (15 of 1908), or the Major Port Trusts Act, 1963 (38 of 1963)], of goods which have been discharged from or are to be loaded into any vessel; or

 

(b) warping a ship through the lock; or

 

(c) mooring and unmooring ships at harbour wall berths or in pier; or

 

(d) removing or replacing dry dock caisoons when vessels are entering or leaving dry docks; or

 

(e) the docking or undocking of any vessel during an emergency; or

 

(f) preparing splicing coir springs and check wires, painting depth marks on locksides, removing or replacing fenders whenever necessary, landing of gangways, maintaining lifebuoys up to standard or any other maintenance work of a like nature; or

 

(g) any work on jolly-boats for bringing a ships line to the wharf; or

 

(viii) employed in the construction, maintenance, repair or demolition of —

(a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof; or

 

(b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or

 

(c) any road, bridge, tunnel or canal; or

 

(d) any wharf, quay, sea wall or other marine work including any moorings of ships; or

 

(ix) employed in setting up, maintaining repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or standard or fittings and fixtures for the same; or]

 

(x) employed, otherwise than in a clerical capacity, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or

 

(xi) employed in the service of any fire brigade; or

 

(xii) employed upon a railway as defined in 8[clause (31) of section 2 and sub-section (1) of section 197 of the Railways Act, 1989 (24 of 1989)], either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or

 

(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service 9[or as a telegraphist or as a postal or railway signaller], or employed in any occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs Department; or]

 

(xiv) employed, otherwise than in a clerical capacity, in connection with operation for winning natural petroleum or natural gas; or

 

(xv) employed in any occupation involving blasting operations; or

 

(xvi) employed in the making of any excavation in which on any one day of the preceding twelve months more than 10[twenty-five] persons have been employed or explosives have been used, or whose depth from its highest to its lowest point exceeds 11[twelve] feet; or

 

(xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or

 

(xviii) employed, otherwise than in a clerical capacity, on any estate which is maintained for the purpose of growing 12[cardamom], cinchona, coffee, rubber or tea, and on which on any one day in the preceding twelve months twenty-five or more persons have been so employed; or

 

State Amendment

 

Kerala.—In Schedule II, in clause (xviii),—

 

(i) between the words “Coffee,” and “rubber” insert the word “cardamom,”.

[Vide Kerala Gazette, Pt. I, G. 874, dated 14th March, 1961.]

 

(ii) after the words “cardamom, cinchona, coffee, rubber or tea” insert the words “eucalyptus, orange or teak and also any plantations maintained by any Department of the State Government.”

 

(iii) between the words “rubber” and “tea” omit the word “or”.

 

[Vide Kerala Gazette, Pt. I, p. 490, dated 27th August, 1968.]

 

13[(xix) employed, otherwise than in a clerical capacity, in the generating, transforming transmitting or distribution of electrical energy or in generation or supply of gas; or]

 

(xx) employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse, Act 1927 (17 of 1927); or

 

(xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or

 

(xxii) employed in the training, keeping or working of elephants or wild animals; or

 

14[(xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forests fires; or]

 

State Amendment

 

Maharashtra.—In Schedule II, after item (xxiii), insert the following sub-item, namely:—

 

“(a) employed in the process of climbing coconut trees for plucking coconut; or”.

 

[Vide Notification No. WCA. 1098 (410) LAB-I, dated 6th February, 2004.]

(xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or

 

15[(xxv)] employed as a diver; 16[or]

 

(xxvi) employed in the handling or transport of goods in, or within the precincts of,—

 

(a) any warehouse or other place in which goods are stored, and in which on any one day of the preceding twelve months ten or more persons have been so employed or,

 

(b) any market in which on any one day of the preceding twelve months 17[fifty] or more person have been so employed; or

 

(xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contact with radioactive substances;] 18or]

 

(xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the Indian Aircraft Act, 1934 (22 of 1934); or

 

(xxix) 19[employed in horticultural operations, forestry, bee-keeping or farming] by tractors or other contrivances driven by steam or other mechanical power or by electricity; or

 

State Amendment

 

Punjab.—In Schedule II, after clause (xxix), insert the following clauses, namely:—

 

“(xxix-a) employed in clearing of jungles or reclaiming land or ponds in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or

 

(xxix-b) employed in the cultivation of land or rearing and maintenance of livestock or forest operation or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or

 

(xxix-c) employed, otherwise than in clerical capacity in installation, maintenance, repair pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes streams, etc., or

 

(xxix-d) employed, otherwise than in clerical capacity in the construction, boring or deepening of an open well or dugwell through mechanical contrivances; or

 

(xxix-e) employed, otherwise than in clerical capacity in the construction, working repair or maintenance of a bore well, bore-cum-dugwell, filter point; or

 

(xxix-f) employed in spraying and dusting of insecticides or pesticides in agricultural operations or plantations; or

 

(xxix-g) employed in working or repair or maintenance of bulldozers, tractors, power-tillers, etc.; or”.

 

[Vide Punjab Government Gazette, Pt. III (LS), p. 385, dated 3rd June, 1977.]

 

(xxx) employed, otherwise than in a clerical capacity, in the construction, working, repair or maintenance of a tube-well; or

 

(xxxi) employed in the maintenance, repair or renewal of electric fittings in a building; or

 

(xxxii) employed in a circus.

 

State Amendment

 

Kerala.—In Schedule II, after clause (xxxii), insert the following clauses, namely:—

 

(i) after item xxxii-B, insert the following entries, namely:—

 

“(xxxii-C) employed in water transport using valloms;”

 

[Vide Kerala Gazette, Pt. I, p. 298, dated 19th May, 1964.]

 

(ii) after item (xxxii-C), insert the following item, namely:—

 

“(xxxii-D) employed in cattle breeding;”

 

[Vide Kerala Gazette, Pt. I, p. 62, dated 2nd February, 1965.]

 

(iii) after item (xxxii-D), insert the following item, namely:—

 

“(xxxii-E) employed in handling animals in the Veterinary Institutions;”

[Vide Kerala Gazette, Pt. I, p. 561, dated 19th October, 1965.]

 

(iv) (xxxii-G) employed in spraying insecticides in paddy fields, plantations;”

 

[Vide Kerala Gazette, Pt. I, (No. 31), G. 1264, dated 31st July, 1973.]

 

“(xxxii-H) employed in clearing of jungles or reclaiming land or ponds;”

 

“(xxxii-I) employed in cultivation of land, or rearing and maintenance of livestock, or forest operations, or fishing;”

 

“(xxxii-J) employed, otherwise than in a clerical capacity, in installation, maintenance, repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams;”.

 

“(xxxii-K) employed otherwise than in clerical capacity in the construction, boring or deepening of an open well dug well through mechanical contrivances;”

 

“(xxxii-L) employed otherwise than in a clerical capacity, in the construction, working, repair or maintenance of bore well, bore-cum-dug-well, filter points;”

 

“(xxxii-M) employed in operation or repair or maintenance of bulldozers, tractors, powers tillers;”

 

[Vide Kerala Gazette, Pt. I, Sec. (iv), p. 1, G. 2173, dated 13th December, 1977.]

 

“(xxxii-N) employed in any sewage farm in planting, irrigating or harvesting of fodder grass or in diverting of sewage water or in cleaning of main channel or sub-carriers;”

 

[Vide Kerala Gazette, Pt. I, Sec. (iv), p. 1, G. 1457, dated 9th November, 1982.]

 

“(xxxii-O) employed in cleaning of sewers or septic tanks by any Local Authority;”

 

[Vide Kerala Gazette, Pt. I, sec. (iv) p. 1, G. 253, dated 31st May, 1988.]

 

“(xxxii)—employment as Farm Workers in Government Agricultural Farms;”

 

[Vide Kerala Gazette, Extra., p. 1, (No. 83), dated 27th January, 1990.]

 

(i) the existing item “(xxxii-o) employed in cleaning of sewers or septic tanks by any local authority” shall be renumbered as item (xxxii-P).

 

(ii) after item (xxxii-P) as so renumbered, the following item shall be added, namely:—

 

“(xxxii-Q) employed otherwise than in a clerical capacity in brick kiln industry”

 

(iii) the existing item “(xxxii-S) employed as farm workers in Government agricultural farms” shall be renumbered as item (xxxii-R).

 

(iv) the existing item “(xxxiii) Parathozhilalikal employed in the occupation of breaking of rock and stones in quarries” shall be renumbered as XXXII-S.

(v) after item (xxxii-S) as so renumbered, the following item shall be added , namely:—

 

“(xxxii-T) Employed in Kakkavaral and works connected or incidental thereto.”

 

[Vide Kerala Gazette, Extra., p. 1 (No. 1125), dated 5th November, 1953.]

[Ed.—Items (xxxii-A), (xxxii-B) and (xxxii-F) as added are not traceable. Hence not given.]

 

20[(xxxiii) employed as watchman in any factory or establishment; or

 

(xxxiv) employed in any operation in the sea for catching fish; or

 

(xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insect; or

 

(xxxvi) employed in handling animals like horses, mules and bulls; or

 

(xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles; or

 

(xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or

 

(xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration; or

 

(xl) employed in cleaning of jungles or reclaiming land or ponds in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or

 

(xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or

 

(xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or

 

(xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter point and the like; or

 

(xliv) employed in spraying and dusting or insecticides of pesticides in agricultural operations or plantations; or

 

(xlv) employed in mechanised harvesting and threshing operations; or

 

(xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or

 

(xlvii) employed as artist for drawing pictures on advertisement boards at a height of 3.66 metres or more from the ground level; or

 

(xlviii) employed in any newspaper establishment as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and engaged in outdoor work;]

 

21[(xlix) employed as divers for work under water.]

 

Explanation.—In this Schedule, “the preceding twelve months” relates in any particular case to the twelve months ending with the day on which the accident in such case occurred.]

 

State Amendment

 

Andhra Pradesh.—In Schedule II, after clause (xxxii), insert the following clause, namely:—

 

“(xxxiii) employed otherwise than a clerical capacity in the conduct of survey in river valley including collection of date relating to the river;”

 

[Vide Andhra Pradesh Gazette, Pt. I, p. 1850, dated 10th October, 1968.]

Assam.—Same as in Andhra Pradesh.

 

[Vide Assam Gazette, Pt. II A, p. 999, dated 24th May, 1972.]

Bihar.—Same as in Andhra Pradesh.

 

[Vide Bihar Gazette, Pt. II, p. 5, dated 1st January, 1969.]

Delhi.—Same as in Andhra Pradesh.

 

[Vide Delhi Gazette, Pt. IV, p. 415 (No. 28), dated 8th July, 1976.]

Goa.—Same as in Andhra Pradesh.

 

[Vide Goa Government Gazette, Sec. I. No. 40, p. 693, dated 2nd January, 1975.]

 

Haryana.—Same as in Andhra Pradesh.

 

[Vide Haryana Gazette, Extra., Pt. III (L.S.), p. 359, dated 6th August 1968.]

 

Karnataka.—Same as in Andhra Pradesh.

 

[Vide Mysore Gazette, Pt. IV, Sec. 2C (ii), p. 2249, dated 15th May, 1969.]

Kerala.—Same as in Andhra Pradesh.

 

[Vide Kerala Gazette, Pt. I, p. 616, dated 30th December, 1969.]

 

Madhya Pradesh.—Same as in Andhra Pradesh.

 

[Vide Madhya Pradesh Gazette, Pt. I, p. 270, dated 20th February, 1970.]

 

Maharashtra.—Same as in Andhra Pradesh.

 

[Vide Maharashtra Gazette, Pt. I-L, p. 2908, dated 12th June 1969.]

 

Orissa.—Same as in Andhra Pradesh.

 

[Vide Orissa Gazette, Pt. III, p. 1024, dated 7th November, 1969.]

 

Punjab.—Same as in Andhra Pradesh.

 

[Vide Punjab Gazette, Pt. III (L.S.), dated 5th September, 1969.]

 

Rajashtan.—Same as in Andhra Pradesh.

 

[Vide Rajashtan Gazette, Extra., Pt. IV (Ga), p. 13, dated 27th April 1970.]

 

Uttar Pradesh.—Same as in Andhra Pradesh.

 

[Vide Uttar Pradesh Gazette, Pt. I, p. 2676, dated 20th June, 1970.]

 

Andhra Pradesh.—In Schedule, II, after clause (xxxix), insert the following clauses, namely:—

 

“(xl) employed in cook houses, messes, bakeries or catering establishments in which food for over 30 persons is prepared or more than 200 loaves of bread per day are prepared or training to at least 10 cooks caterers is imparted at any time.

 

(xli) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous insects or animals.

 

(xlii) employed in training, keeping or working with animals like horses, mules, bulls, etc.

 

(xliii) employed in cleaning of sewers or septic tanks within the limits of a local authority.

 

(xliv) employed in any operation in the sea for catching of fish.”

 

[Vide Andhra Pradesh Gazette, Pt. I, p. 167, dated 23rd February, 1989.]

 

[Vide Andhra Pradesh Gazette, Pt. I, p. 995, dated 16th November, 1995.]

Assam.—In Schedule II, following persons have been included, namely:—

 

“(1) Sweepers,

 

(2) Scavengers.”

 

[Vide Assam Gazette, Pt. II A, p. 1851, dated 12th May, 1970.]

 

The following persons are workmen within the meaning of section 2(1)(n) of the Act and subject to the provisions of that section, that is to say any person who is—

 

(i) employed in clearing of jungles or reclaiming land or ponds in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

 

(ii) employed in cultivation of land or rearing and maintenance of livestock or forest operation or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

 

(iii) employed, other than in clerical capacity, in installation, maintenance, repair of pumping equipment used for lifting of water from wells, tube-wells, ponds lakes, streams, etc.;

 

(iv) employed, otherwise than in clerical capacity in the construction, boring or deepening of an open well/dug-well through mechanical contrivances;

 

(v) employed otherwise than in clerical capacity in the construction, working, repair or maintenance of a bore well, bore-cum-dug-well, filter point, etc.;

 

(vi) employed in spraying and dusting of insecticides or pesticides in agricultural operation;

 

(vii) employed in working of repair or maintenance of bulldozers, tractors, power-tillers, power threshers, etc.

 

[Vide Assam Gazette, Pt. II A, p. 1284, dated 13th March, 1977.]

 

Bihar.—In Schedule II, the following classes of persons have been added:—

 

(a) employed in clearing of jungles or reclaiming land or ponds in which during the preceding twelve months more than twenty-five persons have generally been employed;

 

(b) employed in cultivation of land or rearing and maintenance of livestock or forest operations or fishing in which during the preceding twelve months more than twenty-five persons have generally been employed;

 

(c) employed, otherwise than in clerical capacity, in installation, maintenance or repair of pumping equipments used for lifting of water from wells, tube-wells, ponds, lakes, streams, etc. in which during the preceding twelve months more than twenty-five persons have generally been employed;

 

(d) employed otherwise than in clerical capacity, in the construction, boring or deepening of an open well/dug-well through mechanical contrivances in which during the preceding twelve months more than twenty-five persons have generally been employed;

 

(e) employed otherwise than in clerical capacity in the construction, working, repair or maintenance of a bore-well, bore-cum-dug-well filter point, etc. in which during the preceding twelve months more than twenty-five persons have generally been employed;

 

(f) employed in spraying and dusting of insecticides or pesticides in agricultural operation or plantations in which during the preceding twelve months more than twenty-five persons have generally been employed;

 

(g) employed in working or repair or maintenance of bulldozers, tractors, power-tillers, etc., in which during the preceding twelve-months more than twenty-five persons have generally been employed.

 

[Vide Bihar Gazette, Extra., p. 2, dated 31st October, 1977.]

 

(xxxiii) employed in Cooking Houses, Messes, Bakeries or Catering establishments in which food for over 50 persons is prepared or more than 200 loaves of bread are prepared every day or training to at least 10 cooks/caterers is imparted at any time;

 

(xxxiv) employed in any employment in which workmen are exposed to low temperature conditions while working in high altitude;

 

(xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of Venom or for the purpose of looking after snakes or handling any other poisonous insect or animal;

 

(xxxvi) employed in training; keeping or working with animals like horses, mules, bulls, etc.;

 

(xxxvii) employed in clearing of sewers or septic tanks within the limits of a local authority;

 

(xxxviii) employed in horticultural operation;

 

(xxxix) persons employed on surveys and investigation including drilling operations, Hydrological observations and flood forecasting activities, Ground matter surveys and exploration.

 

[Vide Bihar Gazette II, Pt. I, p. 369.]

 

Delhi.—In Schedule II, after clause (xxxii), insert the following clauses, namely:—

 

(xxxiii) employed in cook houses, messes, bakeries or catering establishments in which food for over fifty person, is prepared or more than two hundred loaves of bread per day are prepared or training to at least ten cooks or caterers is imparted at any time;

 

(xxxiv) employed in the training, keeping or working with animals, like horses, mules, bulls etc.;

 

(xxxv) employed in cleaning of sewers or septic-tanks within the limits of a local authority;

 

(xxxvi) employed in horticultural operations;

 

(xxxvii) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous insects or animals.

 

[Vide Delhi Gazette, Pt. IV, p. 1 (No. 34), dated 5th March, 1990.]

 

(xxxviii) Persons employed on surveys and investigation, including drilling operations, hydrological observation and flood forecasting activities, ground water surveys and exploration.”

 

[Vide Delhi Gazette, Extra., p. 5 (No. 13), dated 24th January, 1991.]

Goa.—In Schedule II, after clause (xxxii), insert the following clauses, namely:—

 

“(xxxiii) employed in clearing of jungles or reclaiming land or ponds in which, on any one day of the preceding twelve months, more than twenty-five persons have been employed;

 

(xxxiv) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing in which, on any one day of the preceding twelve months more than twenty-five persons have been employed;

 

(xxxv) employed, otherwise than in clerical capacity, in the installation, maintenance, repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams, etc.;

 

(xxxvi) employed, otherwise than in clerical capacity, in the construction, boring or deepening of an open well/dug well through mechanical contrivances;

 

(xxxvii) employed, otherwise than in clerical capacity, in the construction, working, repairs, or maintenance of a bore-well, bore-cum-dug-well, filter point, etc.;

 

(xxxviii) employed in spraying and dusting of insecticides or pesticides in agricultural operation/or plantation;

 

(xxxix) employed in working or repairs or maintenance of bulldozers, tractors power-tillers, etc.”

 

[Vide Gazette of Goa, Daman and Diu, Series 1 No. 46, page 387, dated 11th February, 1982.]

 

Himachal Pradesh.—In its application to the State of Himachal Pradesh, items (i) to (vi) are practically the same as items (xxix-a) to (xxix-f) except that there is no corresponding to item (xxixg) in Punjab. Secondly for the word “twenty-five” in items (xxix-a) and (xxix-b) in Punjab, in the words “fifteen” have been used in items (i) and (ii) in H.P. [for Punjab amendment, see under item (xxix).]

 

[Vide Himachal Pradesh Gazette, Extra., p. 1203, dated 16th November, 1983.]

 

Jammu and Kashmir.—In Schedule, II, after clause (xxxv) insert the following clause, namely:—

 

“(xxxvi) persons employed in surveys and investigation including drilling operations hydrological observations and flood forecasting activities and ground water surveys and exploration”

 

[Vide Jammu and Kashmir Gazette, Extra., Pt. IB, p. 1 (33-G), dated 18th November, 1991.]

 

Karnataka.—In Schedule II, after clause (xxxii) insert the following clause, namely:—

 

“(xxxiii) employed in any operation in the sea for catching fish;”

 

[Vide Karnataka Gazette, Extra., Pt. IV, Sec. 2C(ii), p. 1 (No. 874), dated 28th November, 1981.]

 

(ii) After clause (xxxiii), insert the following clause, namely:—

 

“Clauses (xxxiv) to (xxxix)”—same as clause (xxxiii) to (xxxix) in Goa.

[Vide Karnataka Gazette, Extra., Pt. IV, Sec. 2C(ii), p. 1 (No. 876), dated 3rd December, 1981.]

 

[Ed.—It seems that item (xxxiii) is inserted twice an having different text in Goa and Karnataka.]

 

“(xl) persons employed on surveys and investigation including drilling operation, hydrological observations and flood forecasting activities, ground water surveys and exploration.”

 

[Vide Karnataka Gazette, Extra., Pt. IV, Sec. 2C(ii), p. 2, dated 7th February, 1992.]

 

“(xli) persons employed to any Newpaper establishment as defined in Working Journalists (Conditions of Service and Miscellaneous Provision) Act, 1955, (Central Act 45 of 1955) and engaged in outdoor duties.”—Karnataka Gazette

26-11-92, Pt. IV, Sec. 2C (ii), p. 3607.

 

Madhya Pradesh.—In Schedule II, after clause (xxxiii), insert the following clauses, namely:—

 

“(xxxiv) persons employed on survey and investigations including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration.”—M.P. Gaz., 26-6-92, Pt. I, p. 1903.

 

(xxxv) persons employed in the outdoor duties in a Newspapers Establishments as defined in the Working Journalists, and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955;”

 

[Vide Madhya Pradesh Gazette, Pt. I, p. 2794, dated 10th December, 1993.]

 

Orissa.—In Schedule II, after clause (xxxiii), insert the following clauses, namely:—

 

(xxxiv) employed in clearing of jungles or reclaiming lands or ponds in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or

 

(xxxv) employed in cultivation of land or in rearing and maintenance of livestock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or

 

(xxxvi) employed, otherwise than in clerical capacity, in installation, maintenance, repair of pumping equipment used for lifting of water from wells, tubewells, ponds, lakes, streams etc.; or

 

(xxxvii) employed, otherwise than in clerical capacity, in the construction, boring or deepening of an open well/dug-well through mechanical contrivances; or

 

(xxxviii) employed, otherwise than in clerical capacity, in the construction, working, repair or maintenance of a bore well bore-cum-dug-well, filter point, etc.; or

 

(xxxix) employed in spraying and dusting of insecticides or pesticides in agricultural operation/or plantation; or

 

(xi) employed in working or repair or maintenance of bulldozers, tractors, power-tillers, etc., or

 

(xli) employed in making, clearing compost; or

 

(xlii) employed in inter-cultural operation; or

 

(xliii) employed in harvesting operation; or

 

(xliv) employed in threshing operation.—See Orissa Gaz., 23-3-1979, Pt. III, p. 63.

 

(li) Employed in cook-houses, messes, bakeries of catering establishments in which food for over 50 persons is prepared or more than 200 loaves of bread per day are prepared or training to at least 10 cooks/caterers is imparted at any time.

 

(lii) Employed in any employment in which workmen are exposed to low temperature condition, while working in high altitude.

 

(liii) Employed in any employment which required handling of snakes for the purpose of extraction of vanom or for the purpose of looking after snakes or handling any other poisonous insect or animal.

 

(liv) Employed in training, keeping or working with animals like horses, mules, bulls etc.

 

(lv) Employed in clearing of sewers or septic tanks within the limits of a local authority.

 

(lvi) Employed in horticultural operations.

 

(lvii) Employed in sea fishing.

 

(lviii) Employed in any newspaper establishment as defined in Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955 and engaged in outdoor duties.

 

(lix) Employed in surveys and investigations, including drilling operations, hydrological observations and flood forecasting activities, ground-water surveys and exploration.—Orissa Gazette 24-4-93, Ext., p. 1 (No. 543).

 

Pondicherry.—In Schedule II, after clause (xxxii), insert the following clauses, namely:—

 

“(xxxiii) employed, otherwise than in clerical capacity in the construction, working, repair or maintenance of a bore-well, bore-cum-dug-well, filter point; or

 

(xxxiv) employed, in spraying and dusting of insecticides or pesticides in agricultural operation or plantation.”

 

[Vide Pondicherry, Gazette, p. 308, dated 15th March, 1977.]

 

“(xxxv) employed in fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed.”

 

[Vide Pondicherry, Gazette, p. 820 (No. 41), dated 13th October, 1981.]

Punjab.—In Schedule II, after clause (xxxvi), insert the following clauses, namely:—

 

“(xxxvii) employed on surveys and investigation, including, drilling operations, hydrological observations, flood forecasting activities, ground water surveys and exploration;”

 

[Vide Punjab Gazette, Pt. III (L.S.), p. 487, dated 23rd September, 1994.]

 

“(xxxviii) employed in any newspapers establishments as defined in the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, and engaged in out-door duties;”

 

[Vide Punjab Gazette, Pt. III (L.S.), p. 489, dated 23rd September, 1994.]

Tamil Nadu.—In Schedule II, after clause (xxxii) insert the following clauses, namely:—

 

(i) “(xxxiii) employed in any occupation involving indoor or outdoor work in the service of the Highways Research Station and its Laboratories.”—Ft. St. Geo. Gazette, 3-8-66, Pt. II, sec. 1, p. 1360;

 

(ii) (xxxiv) employed otherwise than in a clerical capacity in the conduct of surveys in river valleys including collection of data relating to the river.”—Ft. St. Geo. Gazette, 19-2-1969, Pt. II, sec. 1, p. 104.

 

(iii) (xxxv) employed as a sweeper or scavenger under a local authority.—T.N. Government Gazette, 14-11-73, Pt. II, sec. 1, p. 584.

 

(iv) (xxxvi) employed in any operations in the Sea for catching fish.—T.N. Government Gazette, 10-3-82, Pt. II, sec. 2, p. 156.

 

(v) (xxxvii) employed in clearing of jungles or reclaiming land or ponds in which in any one day of the preceding twelve months more than twenty-five persons have been employed;

 

(xxxviii) employed in cultivation of land or rearing and maintenance of livestock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

 

(xxxix) employed otherwise than in clerical capacity in installation, maintenance, repair of pumping equipment used for lifting of water from wells, tube-wells ponds, lakes streams etc.;

 

(xl) employed, otherwise than in the clerical capacity, in the construction, boring or deepening of an open well/dug well through mechanical contrivances;

 

(xli) employed, otherwise than in clerical capacity, in the construction, working repair or maintenance of a bore well, bore-cum-dug well, filter point etc.’

 

(xlii) employed in spraying and dusting of insecticides or pesticides in agricultural operation or plantations;

 

(xliii) employed in working or repair or maintenance of bulldozers, tractors, power-tillers, etc.;

 

(xliv) employed in climbing tall trees;

 

(xlv) employed in baling water from wells;

 

(xlvi) employed in crushing sugarcane;”

 

[Vide Tamil Nadu Government Gazette, Pt. II, Sec. 2, pp. 619, 620, dated 23rd September, 1981.]

 

“(xlvii) employed in cook houses, messees, bakeries or catering establishments in which food for over 50 persons is prepared or more than 200 loaves of bread per day are prepared or training to at least 10 cooks/caterers is imparted at any time;

 

(xlviii) employed in any employment in which workmen are exposed to low temperature condition, while working in high altitude;

 

(xlix) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous insect or animal;

 

(l) employed in training, keeping or working with animals likes horses, mules, bulls, etc.;

 

(li) employed in cleaning of sewers or septic tanks within the limits of a local authority;

 

(lii) employed in horticultural operation;”

 

[Vide Tamil Nadu Government Gazette, Pt. II, Sec. 2, p. 580, dated 5th August, 1987.]

 

“(liii) employed in any newspaper establishment as defined in the Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions Act, 1955 (Central Act 45 of 1955), and engaged in outdoor duties.”

 

[Vide Tamil Nadu Gazette, Pt. II, Sec. 2, p. 232, dated 9th March, 1994.]

 

Tripura.—Following employments are added for payments of compensation for injuries in Parts I and II:—

 

(i) employed in clearing of jungles or reclaiming land and pounds in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

 

(ii) employed in cultivation of land or rearing and maintenance of livestock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed;

 

(iii) employed, otherwise than in clerical capacity, in installation, maintenance, repair or pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams etc.;

 

(iv) employed, otherwise than in clerical capacity in the construction, boring deepening of an open well/dug well through mechanical contrivances;

 

(v) employed, otherwise than in electrical capacity in the construction, working, repairing, maintenance of a borewell, bore-cum-dug-well, filter points etc.;

 

(vi) employed, in spraying and dusting of insecticides or pesticides in agricultural operation or plantations;

 

(vii) employed in working or repair or maintenance of bulldozers, tractors, power tillers etc.— Tripura Gazette, 1-6-81, Pt. I, Ext., p. 4.

 

(viii) employed in any newspaper establishment as defined in working journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and engaged in outdoor duties.”

 

(ix) persons employed on surveys and investigation, including drilling operation, hydrological observations and flood forecasting activities, ground water surveys and exploration.

 

[Vide Tripura Gazette, Extra., p. 13, dated 10th May, 1994.]

——————-

1. Subs. by Act 15 of 1933, sec. 21, clauses (i) to (xiii).

 

2. Subs. by Act 8 of 1959, sec. 18, for clauses (i) to (ix) (w.e.f. 1-6-1959).

 

3. Ins. by Act 30 of 1995, sec. 15 (w.e.f. 15-9-1995).

 

4. Ins. by Act 64 of 1962, sec. 10 (w.e.f. 1-2-1963).

 

5. The word “or” omitted by Act 64 of 1962, sec. 10 (w.e.f. 1-2-1963).

 

6. Ins. by Act 64 of 1962, sec. 10 (w.e.f. 1-2-1963).

 

7. Subs. by Act 30 of 1995, sec. 15, for “The Indian Ports Act, 1908 (15 of 1908)” (w.e.f. 15-9-1995).

 

8. Subs. by Act 30 of 1995, sec. 15, for certain words (w.e.f. 15-9-1995)

.

9. Ins. by Act 8 of 1959, sec. 18 (w.e.f. 1-6-1959).

 

10. Subs. by Act 8 of 1959, sec. 18, for “fifty” (w.e.f. 1-6-1959).

 

11. Subs. by Act 8 of 1959, sec. 18, for “twenty” (w.e.f. 1-6-1959).

 

12. Ins. by Act 64 of 1962, sec. 10 (w.e.f. 1-2-1963).

 

13. Subs. by Act 30 of 1995, sec. 15, for item (xix) (w.e.f. 15-9-1995).

 

14. Ins. by Act 9 of 1938, sec. 11.

 

15. Clause (xxiii) re-numbered as clause (xxv) by Act 9 of 1938, sec. 11.

 

16. Ins. by Act 9 of 1938, sec. 11.

 

17. Subs. by Act 8 of 1959 sec. 18, for “one hundred” (w.e.f. 1-6-1959).

 

18. Ins. by Act 8 of 1959 sec. 18 (w.e.f. 1-6-1959).

 

19. Subs. by Act 30 of 1995, sec. 15, for “employed in forming” (w.e.f. 15-9-1995).

 

20. Ins. by Act 30 of 1995, sec. 15 (w.e.f. 15-9-1995).

 

21. Ins. by G.S.R. 381, dated 3rd November, 1997, published in the Gazette of India, Pt. II, Sec. 3 (i), dated 15th November, 1997.

 

 

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