Cap. 158] WORKMEN'S COMPENSATION

CHAPTER 158

WORKMEN'S COMPENSATION

Ordinances AN ORDINANCE TO PROVIDE FOR THE PAYMENT OF COMPENSATION TO WORKMEN WHONos. 19 of 1934,

3 of 1946,ActsNos. 31 of 1957,

22 of 1959,4 of 1966.

ARE INJURED IN THE COURSE OF THEIR EMPLOYMENT.

Short title.

PART I

PRELIMINARY

1. This Ordinance may be cited as theWorkmen's Compensation Ordinance.

interpretation. 2. (1) In this Ordinance, unless thecontext otherwise requires—

" adult " and " minor " mean respectivelya person who is not and a personwho is under the age of fifteenyears;

" Commissioner" means any personappointed under section 26 to be orto act as a Commissioner or as aDeputy Commissioner forWorkmen's Compensation, andincludes any person appointedunder section 27 to be or to act asan Assistant Commissioner forWorkmen's Compensation;

" compensation " means compensation asprovided for in this Ordinance;

" dependant " means any of the followingrelatives of a deceased workman,namely:—

(a) a wife, a minor legitimate son, anunmarried legitimatedaughter, or a widowedmother; and

(b) if wholly or in part dependent onthe earnings of the workmanat the time of his death, ahusband, a parent other than

[1 st August, 1935.]

a widowed mother, a minorillegitimate son, an unmarriedillegitimate daughter, adaughter legitimate orillegitimate if married and aminor or if widowed, a minorbrother, an unmarried orwidowed sister, a widoweddaughter-in-law, a minor childof a deceased son, or, whereno parent of the workman isalive, a paternal grandparent;

" employer " includes the Republic of SriLanka and any body of personswhether corporate or unincorporateand any managing agent of anemployer and the heirs, executorsor administrators of a deceasedemployer, and, when the services ofa workman are temporarily lent orlet on hire to another person by theperson with whom the workmanhas entered into a contract ofservice or apprenticeship, meanssuch other person while theworkman is working for him;

" local authority" includes aMunicipality, an Urban Councilestablished under the UrbanCouncils Ordinance, a TownCouncil, and a Village Council;

" managing agent" means any personappointed or acting as therepresentative of another person forthe purpose of carrying on suchother person's trade or business, butdoes not include an individualmanager subordinate to anemployer;

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WORKMEN'S COMPENSATION [Cap. 158

" partial disablement" means, where thedisablement is of a temporarynature, such disablement as reducesthe earning capacity of a workmanin any employment in which he wasengaged at the time of the accidentresulting in the disablement, and,where the disablement is of apermanent nature, such disablementas reduces his earning capacity inevery employment which he wascapable of undertaking at thattime:

Provided that every injuryspecified in Schedule I shall bedeemed to result in permanentpartial disablement;

" prescribed " means prescribed by thisOrdinance or by any regulationmade thereunder;

" registered medical practitioner " means a'person registered as a medicalpractitioner under the MedicalOrdinance, or under any enactmentamending that Ordinance;

" registered ship " means any sea-goingship or boat of any descriptionwhich is registered or required to beregistered in Sri Lanka as a SriLanka ship;

" regulation " means a regulation madeunde this Ordinance;

" seaman" means any person formingpart of the crew of any registeredship, but does not include themaster of any such ship ;

" total disablement" means suchdisablement, whether of atemporary or permanent nature, asincapacitates a workman for allwork which he was capable ofperforming at the time of theaccident resulting in suchdisablement:

Provided that permanent totaldisablement shall be deemed toresult from the permanent total lossof the sight of both eyes or fromany combinat ion of in ju r i e s

specified in Schedule I where theaggregate percentage of the loss ofearning capacity, as specified in thatSchedule against those injuries,amounts to one hundred percentum;

" wages " includes the monetary value ofany privilege or benefit which iscapable of being estimated inmoney, other than a travellingallowance or the value of anytravelling concession or acontribution paid by the employerof a workman towards any pensionor provident fund or a sum paid toa workman to cover any specialexpenses entailed on him by thenature of his employment;

" workman" means any person who isemployed on wages not exceedingfive hundred rupees per mensem in [§2,4 of 1966.]any such capacity as is for the timebeing specified in Schedule II,whether the remuneration iscalculated by time or by work doneor otherwise, and whether thecontract of employment or servicewas made before or after thecommencement of this Ordinance,and whether such contract isexpressed or implied, oral or inwriting; but does not include—

(a) a person whose employment is ofa casual nature and who isemployed otherwise than forthe purposes of the employer'strade or business;

(b) a person working in the capacityof a member of* the ArmedForces of Sri Lanka, other [§2,31 ofthan a person employed in a 1957-]civilian capacity in any ofthose forces;

(c) a member of the police force ofSri Lanka.

(2) A reference to a workman who hasbeen injured shall, where the workman isdead, include a reference to his dependantsor any of them.

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Cap. 158] WORKMEN'S COMPENSATION

Employer'sliability to paycompensationfor injurysuffered by aworkman.

(3) The exercise and performance of thepowers and duties of any department of theGovernment or of any local authority shall,for the purposes of this Ordinance, unless acontrary intention appears, be deemed to bethe trade or business of that department orlocal authority.

PART II

LIABILITY To PAY COMPENSATION

3. If personal injury is caused to aworkman by accident arising out of and inthe course of his employment, his employershall be liable to pay compensation inaccordance with the provisions of thisOrdinance:

Provided that the employer shall not beso liable—

(a) in respect of any injury which doesnot result in the total or partialdisablement of the workman for aperiod exceeding seven days ;

(b) in respect of any injury, not resultingin death, caused by an accidentwhich is directly attributable to—

(i) the workman having been at thetime thereof under theinfluence of drink or drugs, or

(ii) the wilful disobedience of theworkman to an orderexpressly given, or to a ruleexpressly framed, for thepurpose of securing the safetyof workmen, or

(iii) the wilful removal or disregardby the workman of any safetyguard or other device whichhe knew to have beenprovided for the purpose ofsecuring the safety ofworkmen.

4. (1) If a workman-

(a) contracts an occupational diseasedescribed in the first column of PartA of Schedule III whilst he isemployed in any process describedin the corresponding entry in thesecond column of that Part or,

Employer'sliability to paycompensationfor certaindiseasescontracted by aworkman.[§ 3, 31 of1957.]

Circumstancesin whichcompensationis payable inrespect of anydisease.

(b) contracts an occupational diseasedescribed in the first column of PartB of the aforesaid Schedule whilsthe is in the service of an employerin whose service he has beenemployed for a continuous periodof not less than six months in anyprocess described in thecorresponding entry in the secondcolumn of that Part,

the contracting of the disease shall bedeemed to be an injury by accident within themeaning of section 3, and unless theemployer proves the contrary, the accidentshall be deemed to have arisen out of and inthe course of the employment.

(2) For the purposes of this section aperiod of service shall be deemed to becontinuous which has not included a periodof service under any other employer.

5. Save as provided by section 4, nocompensation shall be payable to aworkman in respect of any disease unlessthe disease is directly attributable to aspecific injury by accident arising out of andin the course of his employment.

PART III

AMOUNT OF COMPENSATION

6. (1) Subject to the provisions of this Amount ofOrdinance, the amount of compensation compensation.shall be as follows, namely :—

(A) Where death results from theinjury—

(i) in the case of an adult in receipt ofmonthly wages falling within limitsshown in the first column ofSchedule IV—the amount shownagainst such limits in the secondcolumn thereof, and

(ii) in the case of a minor—two hundredrupees.

(B) Where permanent total disablementresults from the injury—

(i) in the case of an adult in receipt ofmonthly wages falling within limitsshown in the first column of

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WORKMEN'S COMPENSATION [Cap. 158Schedule IV—the amount shownagainst such limits in the thirdcolumn thereof, and

(ii) in the case of a minor—twelvehundred rupees.

(C) Where permanent partial disablementresults from the injury—

(i) in the case of an injury specified inSchedule I, such percentage of thecompensation which would havebeen payable in the case ofpermanent total disablement as isspecified therein as being thepercentage of the loss of earningcapacity caused by that injury, and

(ii) in the case of an injury not specifiedin Schedule I, such percentge of thecompensation payable in the case ofpermanent total disablement as isproportionate to the loss of earningcapacity permanently caused by theinjury:

Provided that in a case where moreinjuries than one are caused by the sameaccident, the amount of compensationpayable under this head shall be aggregatedbut not so in any case as to exceed theamount which would have been payable ifpermanent total disablement had resultedfrom the injuries.

(D) Where temporary disablement,whether total or partial, results from theinjury, a half-monthly payment payable onthe sixteenth day after the expiry of awaiting period of seven days from the dateof the disablement, and thereafter half-monthly during the disablement or during aperiod of five years, whichever period isshorter—

(i) in the case of an adult in receipt ofmonthly wages falling within limitsshown in the first column ofSchedule IV— of the sum shownagainst such limits in the fourthcolumn thereof, and

(ii) in the case of a minor—of one-half ofhis monthly wages, subject to amaximum of thirty rupees :

Provided that—

(a) there shall be deducted from anylump sum or half-monthlypayments to which the workman isentitled the amount of any paymentor allowance which the workmanhas received from the employer byway of compensation during theperiod of disablement prior to thereceipt of such lump sum or of thefirst half-monthly payment, as thecase may be, and

(b) no half-monthly payment shall in anycase exceed the amount, if any, bywhich half the amount of themonthly wages of the workmanbefore the accident exceeds half theamount of such wages which he isearning after the accident.

In a case where for the whole or any partof the period of disablement referred to inparagraph (a) of this proviso, a workmanoccupies any premises belonging to orprovided by his employer and pays no rentto him for such occupation, the amountfixed by agreement between the workmanand his employer or, failing such agreement,the amount determined by theCommissioner as a fair rental of thepremises for the period of such occupationshall be deemed to have been received bythe workman as an allowance by way ofcompensation from his employer for thepurpose of computing the deduction to bemade from any lump sum or half-monthlypayments to which the workman is entitled.

(2) On the ceasing of the disablementbefore the date on which any half-monthlypayment falls due, there shall be payable inrespect of that half-month a sumproportionate to the duration of thedisablement in that half-month.

(3) The use in this section of theexpression ' monthly wages' shall notexclude any workman from the right tocompensation under this Ordinance byreason only of the fact that he is not paid ata monthly rate or that his remuneration iscalculated by time or by work done or at adaily rate.

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7. (1) For the purposes of thisOrdinance the monthly wages of a workmanshall be calculated as follows, namely :—

(a) where the workman has, during acontinuous period of not less thantwelve months immediatelypreceding the accident, been in theservice of the employer who is liableto pay compensation, the monthlywages of the workman shall be one-twelfth of the total wages whichhave fallen due for payment to himby the employer in the last twelvemonths of that period ;

(b) where the whole of the continuousperiod of service immediatelypreceding the accident during whichthe workman was in the service ofthe employer who is liable to paythe compensation was less than onemonth, the monthly wages of theworkman shall be deemed to be theaverage monthly amount which,during the twelve monthsimmediately preceding the accident,was being earned by a workmanemployed on the same work by thesame employer, or, if there was noworkman so employed, by aworkman employed on similarwork in the same locality;

(c) in other cases, the monthly wagesshall be thirty times the total wagesearned in respect of the lastcontinuous period of serviceimmediately preceding the accidentfrom the employer who is liable topay compensation, divided by thenumber of days comprising suchperiod.

(2) For the purposes of this section aperiod of service shall be deemed to becontinuous which has not been interruptedby a period of absence from work exceedingfourteen days.

8. (1) Any half-monthly paymentpayable under this Ordinance, either underan agreement between the parties or underthe order of a Commissioner, may bereviewed by the Commissioner on theapplication, either of the employer or of theworkman accompanied by the certificate ofa registered medical practitioner that therehas been a change in the condition of theworkman, or, subject to regulations made

under this Ordinance, on application madewithout such certificate.

(2) Any half-monthly payment may, onreview under this section, subject to theprovisions of this Ordinance, be continued,increased, decreased or ended, or, if theaccident is found to have resulted inpermanent disablement, be converted to thelump sum to which the workman is entitledless any amount which he has alreadyreceived by way of half-monthly payments.

9. Any right to receive half-monthlypayments may, by agreement between theparties or, if the parties cannot agree andthe payments have been continued for notless than six months, on the application ofeither party to the Commissioner, beredeemed by the payment of a lump sum ofsuch amounts as may be agreed to by theparties or determined by the Commissioner,as the case may be.

PART IV

PAYMENT, DISTRIBUTION AND RECOVERYOF COMPENSATION

10. (1) The compensation shall bepayable to or for the benefit of theworkman, or, where death results from theinjury, to or for the benefit of hisdependants as provided by this Ordinance.

(2) Where a dependant dies before aclaim under this Ordinance is made, or, if aclaim has been made, before an agreementor award has been arrived at or made, theheirs, executors, or administrators of thatdeceased dependant shall have no right topayment of compensation, and the amountof compensation shall be calculated andapportioned as if that dependant had diedbefore the workman.

(3) Where there are both total and partialdependants, nothing in this Ordinance shallbe construed as preventing thecompensation being allotted partly to thetotal and partly to. the partial dependants.

11. (1) No payment of compensation inrespect of a workman whose injury hasresulted in death, and no payment of a lumpsum as compensation to a woman or aperson under a legal disability, shall bemade otherwise than by deposit with the

Commutationof half-monthlypayments.

Personsentitled tocompensation.

Deposit ofcompensationwithCommissionerin certaincases.

Method ofcalculatingwages.

Review of half-monthlypayments.

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WORKMEN'S COMPENSATION [Cap. 158

[§4,3lof1957.]

[§4,31 of1957.]

Distribution ofcompensation.

Commissioner, and no such payment madedirectly by an employer shall be deemed tobe a payment of compensation :

Provided that, in the case of a deceasedworkman, an employer may make to one ormore of the dependants advances onaccount of compensation not exceeding anaggregate of one hundred rupees, and somuch of such aggregate as does not exceedthe compensation payable to the dependantor dependants shall be deducted by theCommissioner from such compensation andrepaid to the employer.

(2) Any other sum amounting to not lessthan ten rupees which is payable ascompensation may be deposited with theCommissioner on behalf of the personentitled thereto.

(3) The receipt of the Commissioner shallbe a sufficient discharge in respect of anycompensation deposited with him.

(4) Where any sum has been deposited byan employer as compensation payable inrespect of a workman whose injury hasresulted in death, and in the opinion of theCommissioner such sum is insufficient, theCommissioner may, by notice in writingstating his reasons, call upon the employerto show cause why he should not make afurther deposit within such time as may bestated in the notice.

(5) If the employer fails to show cause tothe satisfaction of the Commissioner, theCommissioner may make an awarddetermining the total amount payable, andrequiring the employer to deposit thedeficiency.

12. (1) On the deposit of any moneyunder section 11 as compensation in respectof a deceased workman, the Commissionershall deduct therefrom the actual cost of theworkman's funeral expenses, to an amountnot exceeding twenty-five rupees and paythe same to the person by whom suchexpenses were incurred, and shall, if hethinks necessary, cause notice to bepublished or to be served on each dependantresident in Sri Lanka in such manner as hethinks fit, calling upon the dependants toappear before him on such date as he may

fix for determining the distribution of thecompensation. If the Commissioner issatisfied, after any inquiry which he maydeem necessary, that no dependant exists,he shall repay the balance of the money tothe employer by whom it was paid; but nosuch repayment shall be made until after theexpiry of a period of twelve monthsreckoned from the date on which the moneywas deposited under section 11. TheCommissioner shall, on application by theemployer, furnish a statement showing indetail all disbursements made.

(2) Compensation deposited in respect ofa deceased workman shall, subject to anydeduction made under subsection (1), beapportioned among the dependants of thedeceased workman or any of them in suchproportion as the Commissioner thinks fit,or may, in the discretion of theCommissioner, be allotted to any onedependant.

13. (1) Where any compensation Payment ofdeposited with the Commissioner is payable compensation.to any person, the Commissioner shall, ifthe person to whom the compensation ispayable is not a woman or a person under alegal disability, and may in other cases, paythe money to the person entitled thereto.

(2) Where any lump sum deposited withthe Commissioner is payable to a woman ora person under a legal disability, such summay be invested, applied or otherwise dealtwith for the benefit of the woman, or ofsuch person during his disability, in suchmanner as the Commissioner may direct;and where a half-monthly payment ispayable to any person under a legaldisability, the Commissioner may, of hisown motion or on an application made tohim in that behalf, order that the paymentbe made during the disability to anydependant of the workman or to any otherperson whom the Commissioner thinks bestfitted to provide for the welfare of theworkman.

14. (1) Where, on application made tohim in this behalf or otherwise, theCommissioner is satisfied that, on accountof neglect of children on the part of a parentor on account of the variation of thecircumstances of any dependant or for any

Variation ofCommis-sioner's orderof distribution,&c.

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Cap. 158] WORKMEN'S COMPENSATION

Workmanleaving SriLanka to resideeslewhere.

other sufficient cause, an order of theCommissioner as to the distribution of anysum paid as compensation or as to themanner in which any sum payable to anysuch dependant is to be invested, applied orotherwise dealt with, ought to be varied, theCommissioner may make such orders forthe variation of the former order as hethinks just in the circumstances of the case :

Provided that no such order prejudicial toany person shall be made unless such personhas been given an opportunity of showingcause why the order should not be made, orshall be made in any case in which it wouldinvolve the repayment by a dependant ofany sum already paid to him.

(2) Where the Commissioner varies anyorder under subsection (1) by reason of thefact that payment of compensation to anyperson has been obtained by fraud,impersonation or other improper means,any amount so paid to or on behalf of suchperson may be recovered in the mannerhereinafter provided in section 41.

15. (1) If a workman receiving orentitled to receive a half-monthly paymentintends to leave Sri Lanka in order to residepermanently in another country, he shallgive the Commissioner ten days' previousnotice of such intention; and theCommissioner shall forthwith inform theother party, who may agree with theworkman to continue the payments in thecountry in which the workman intends toreside. If the parties cannot agree, eitherparty may apply to the Commissioner forthe redemption of such half-monthlypayments and the Commissioner shallthereupon determine the amount of thelump sum which shall be payable in lieu ofsuch payments.

(2) If a workman receiving or entitled toreceive a half-monthly payment leaves SriLanka for the purpose of residing in anothercountry without giving such notice as isrequired by the provisions of subsection (1),he shall, if the Commissioner after inquirycertifies in writing that he has left Sri Lankafor such purpose and without giving duenotice, cease to be entitled to any benefitsunder this Ordinance during his absencefrom Sri Lanka; but he shall, for the

purpose of section 6 (1) (D), be deemed tohave received half-monthly payments duringsuch absence :

Provided that the Commissioner mayrevoke his certificate if he is satisfied thatthe workman had reasonable grounds fornot giving such notice.

(3) A notice or application under thissection may be given or made on behalf ofany workman by the Commissioner.

16. (1) No proceedings for the recoveryof compensation shall be maintainablebefore a Commissioner unless notice of theaccident has been given, in the mannerhereinafter provided, as soon as practicableafter the happening thereof and before theworkman has voluntarily left theemployment in which he was injured, andunless the claim for compensation withrespect to such accident has been institutedwithin one year of the occurrence of theaccident or, in case of death, within oneyear from the date of death :

Provided that, where the accident is thecontracting of a disease in respect of whichthe provisions of section 4 are applicable,the accident shall be deemed to haveoccurred on the first of the days duringwhich the workman was continuouslyabsent from work in consequence of thedisablement caused by the disease;

Provided further that the want of or anydefect or irregularity in a notice shall not bea bar to the maintenance of proceedings—

(a) if the claim is made in respect of thedeath of a workman resulting froman accident which occurred on thepremises of the employer, or at anyplace where the workman at thetime of the accident was workingunder the control of the employeror of any person employed by him,and the workman died on suchpremises or at such place, or on anypremises belonging to the employer,or died without having left thevicinity of the premises or placewhere the accident occurred, or

Procedure forrecovery ofcompensation.Notice andclaim.

[§5,31 of1957.]

[§5,31 of1957.]

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WORKMEN'S COMPENSATION [Cap.158

Form ofnotice.

Notice-book.

Service ofnotice.

(b) if the employer is proved to have hadknowledge of the accident from anyother source at or about the time ofthe accident, or if it is found in theproceedings for settling the claimthat the employer is not, or wouldnot, if a notice or an amendednotice were then given and thehearing postponed, be prejudiced inhis defence by the want, defect orirregularity, or that such want,defect or irregularity wasoccasioned by mistake, absencefrom Sri Lanka, or otherreasonable cause.

(2) The Commissioner may admit anddecide any claim to compensation in anycase notwithstanding that the noticerequired by subsection (1) has not beengiven, or that the claim has not beeninstituted in due time as required by thatsubsection, if he is satisfied that the failureso to give notice or to institute a claim, asthe case may be, was due to sufficient cause.

17. A notice under section 16 may begiven either in writing or orally to theemployer (or, if there is more than oneemployer, to one of such employers), or toany foreman or other official under whosesupervision the workman is employed, or toany person designated for the purpose bythe employer, and shall give the name andaddress of the person injured, and shall statein ordinary language the cause of the injuryand the date at which the accident occurred.

18. (1) The Minister may by regulationrequire any specified class of employers tomaintain at their premises at whichworkmen are employed a notice-book in theprescribed form which shall be readilyaccessible at all reasonable times to anyworkman who is injured while employed onthe premises and to any person acting bonafide on his behalf.

(2) Any employer who acts incontravention of any regulation made by theMinister under subsection (1) shall be guiltyof an offence and shall, on conviction aftersummary trial before a Magistrate, be liableto a fine not exceeding fifty rupees.

19. A notice under section 16 may beserved by. delivering it at, or sending it by

Power ofCommissionerto requirestatementsfromemployersregarding fatalaccidents.

registered post addressed to, the residenceor any office or place of business of theperson on whom it is to be served, or, wherea notice-book is maintained, by entry in thenotice-book.

20. (1) Where a Commissioner receivesinformation from any source that aworkman has died as a result of an accidentarising out of and in the course of hisemployment, he may send by registered posta notice to the workman's employerrequiring him to submit, within thirty daysof the service of the notice, a statement, inthe prescribed form, giving thecircumstances attending the death of theworkman, and indicating whether, in theopinion of the employer, he is or is notliable to deposit compensation on accountof the death.

(2) Where an employer is served with anotice under subsection (1), he shall, unlesshe disclaims liability to depositcompensation on any ground other than theground that there are no dependants of thedeceased workman, make the deposit withinthrity days after the service of the notice.

[§6,31 of1957.]

(3) If the employer is of opinion that he isnot liable to deposit compensation, he shallin his statement indicate the grounds onwhich he disclaims liability.

(4) Where the employer has so disclaimedliability, the Commissioner, after suchinquiry as he may think fit, may inform anyof the dependants of the deceased workmanthat it is open to the dependants to prefer aclaim for compensation, and may give themsuch other or further information as he maythink fit.

21. (1) Where a workman has given Medicalnotice of an accident, he shall, if the examination.employer, before the expiry of three daysfrom the time at which service of the noticehas been effected, offers to have himexamined free of charge by a registeredmedical practitioner, submit himself forsuch examination, and any workman who isin receipt of a half-monthly payment underthis Ordinance shall, if so required, submithimself for such examination from time totime:

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Provided that a workman shall not berequired to submit himself for examinationby a medical practitioner otherwise than inaccordance with regulations made underthis Ordinance, or at more frequentintervals than may be prescribed.

(2) If a workman, on being required todo so by the employer under subsection (1)or by the Commissioner at any time, refusesto submit himself for examination by aregistered medical practitioner or in anyway obstructs the same, his right tocompensation shall be suspended during thecontinuance of such refusal or obstructionunless, in the case of refusal, he wasprevented by any sufficient cause from sosubmitting himself.

(3) If a workman, before the expiry of theperiod within which he is liable undersubsection (1) to be required to submithimself for medical examination, voluntarilyleaves without having been so examined thevicinity of the place in which he wasemployed or the place in which he wasresident at the time of the accident his rightto compensation shall be suspended until hereturns and offers himself for suchexamination.

(4) Where a workman, whose right tocompensation has been suspended undersubsection (2) or subsection (3), dies withouthaving submitted himself for medicalexamination as required by either of thosesubsections, the Commissioner may, if hethinks fit, direct the payment ofcompensation to the dependants of thedeceased workman.

(5) Where under subsection (2) orsubsection (3) a right to compensation issuspended, no compensation shall bepayable in respect of the period ofsuspension, and, if the period of suspensioncommences before the expiry of the waitingperiod referred to in clause (D) ofsubsection (1) of section 6, the waitingperiod shall be increased by the periodduring which the suspension continues.

[§ 7,31 of (6) Where the employer of an injured1957.] workman offers to him the services of a

registered medical practitioner free ofcharge and—

(a) the workman accepts such offer butd e l i b e r a t e l y d i s r ega rds the

instructions of the registeredmedical practitioner, or

(b) the workman refuses to accept suchoffer and thereafter either fails totake treatment regularly from aregistered medical practitioner orwhilst being regularly attended by aregistered medical practitionerdeliberately disregards theinstructions of such practitioner,

then, if the disregard referred to inparagraph (a) or the refusal and failure ordisregard referred to in paragraph (b) is orare unreasonable in the circumstances of thecase and the injury is aggravated thereby,the injury and the resulting disablementshall be deemed to be of the same natureand duration as they might reasonably beexpected to be if the workman had beenregularly attended by a registered medicalpractitioner and had not deliberatelydisregarded the instructions of suchpractitioner; and compensation, if any,shall be payable accordingly.

22. (1) Where any person (hereinafter inthis section referred to as the principal) inthe course of or for the purpose of his tradeor business contracts with any other person(hereinafter in this section referred to as thecontractor) for the execution by or underthe contractor of the whole or any part ofany work which is ordinarily part of thetrade or business of the principal, theprincipal shall be liable to pay to anyworkman employed in the execution of thework any compensation which he wouldhave been liable to pay if that workman hadbeen immediately employed by him; andwhere compensation is claimed from theprincipal, this Ordinance shall apply as ifreferences to the principal were substitutedfor references to the employer except thatthe amount of compensation shall becalculated with reference to the wages of theworkman under the employer by whom heis immediately employed.

(2) Where the principal is liable to paycompensation under this section he shall beentitled to be indemnified by the contractor,or any other person from whom thew o r k m a n c o u l d h a v e r e c o v e r e dcompensation and where a contractor who

Right ofworkman torecovercompensationfrom principalof contractorunder whom heis employed.

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WORKMEN'S COMPENSATION [Cap. 158is himself a principal is liable to paycompensation or to indemnify a principalunder this section he shall be entitled to beindemnified by any person standing to himin the relation of a contractor from whomthe workman could have recoveredcompensation; and all questions as to theright to and the amount of any suchindemnity shall, in default of agreement, besettled by the Commissioner.

(3) Nothing in this section shall beconstrued as preventing a workman fromrecovering compensation from thecontractor instead of the principal.

(4) This section shall not apply in anycase where the accident occurred elsewherethan on, in or about the premises on whichthe principal has undertaken or usuallyundertakes, as the case may be, to executethe work or which are otherwise under hiscontrol or management.

23. Where a workman has recoveredcompensation in respect of any injurycaused under circumstances creating a legalliability of some person other than theperson by whom the compensation was paidto pay damages in respect thereof, theperson by whom the compensation was paidand any person who has been called on topay an indemnity under section 22 shall beentitled to be indemnified by the person soliable to pay damages as aforesaid.

24. (1) Where any employer has enteredinto a contract with any insurer in respect ofany liability under this Ordinance to anyworkman, then in the event of the employerbecoming insolvent or making acomposition or scheme of arrangement withhis creditors or, if the employer is acompany, in the event of the companyhaving commenced to be wound up, therights of the employer against the insurersas respects that liability shall,notwithstanding anything in any law for thetime being in force relating to insolvency orthe winding up of companies, be transferredto and vest in the workman, and upon anysuch transfer the insurers shall have thesame rights and remedies and be subject tothe same liabilities as if they were theemployer, so, however, that the insurersshall not be under any greater liability to the

workman than they would have been underto the employer.

(2) If the liability of the insurers to theworkman is less than the liability of theemployer to the workman, the workmanmay prove for the balance in the insolvencyproceedings or liquidation.

(3) Where in any case such as is referredto in subsection (1) the contract of theemployer with the insurers is void orvoidable by reason of non-compliance onthe part of the employer with any terms orconditions of the contract (other than astipulation for the payment of premia), theprovisions of that subsection shall apply asif the contract were not void or voidable,and the insurers shall be entitled to prove inthe insolvency proceedings or liquidationfor the amount paid to the workman :

Provided that the provisions of thissubsection shall not apply in any case inwhich the workman fails to give notice tothe insurers of the happening of the accidentand of any resulting disablement as soon aspracticable after he becomes aware of theinstitution of the insolvency or liquidationproceedings and that the employer wasinsured and with whom.

(4) There shall be deemed to be includedamong the debts which—

(a) under section 96 of the InsolvencyOrdinance are to be paid out of theestate and effects of an insolventbefore any other debts, and

(b) under section 253 (1) (c) and (</) ofthe Companies Ordinance* are, inthe distribution of the assets of anycompany being wound up, to bepaid in priority to other debts,

the amount due in respect of anycompensation or liability for compensationaccrued before the following dates, that is tosay:—

(i) in the first case, the date of theadjudication of insolvency;

(ii) in the second case, the date of thecommencement of the winding upof the company;

Remedies ofemployeragainst thirdparties.

Insolvency ofemployer.

• Repealed and replaced by the Companies Act, No. 17 of 1982.VII/245

Cap. 158] WORKMEN'S COMPENSATION

Specialprovisionsrelating tomasters and

and the provisions of the two Ordinancesmentioned in this subsection shall applyaccordingly.

(5) Where the compensation is a half-monthly payment, the amount due inrespect thereof shall, for the purposes of thissection, be taken to be the amount of thelump sum for which the half-monthlypayment could, if redeemable, be redeemedif application were made for that purposeunder section 9, and a certificate of theCommissioner as to the amount of such sumshall be conclusive proof thereof.

(6) The provisions of subsection (4) shallapply in the case of any amount for whichan insurer is entitled to prove undersubsection (3), but otherwise thoseprovisions shall not apply where theinsolvent or the company being wound uphas entered into such a contract withinsurers as is referred to in subsection (1).

(7) This section shall not apply where acompany is wound up voluntarily merely forthe purposes of reconstruction or ofamalgamation with another company.

PART V

MASTERS AND SEAMEN

25. This Ordinance shall apply in thecase of workmen who are masters ofregistered ships or seamen subject to thefollowing modifications, namely :—

(a) The notice of the accident and theclaim for compensation may, except wherethe person injured is the master of the ship,be served on the master of the ship as if hewere the employer, but where the accidenthappened and the disablement commencedon board the ship, it shall not be necessaryfor any seaman to give any notice of theaccident.

(b) In the case of the death of a master orseaman, the claim for compensation shall bemade within six months after the news ofthe death has been received by the claimantor, where the ship has been or is deemed tohave been lost with all hands, withineighteen months of the date on which theship was, or is deemed to have been, so lost.

(c) Where an injured master or seaman isdischarged or left behind in a foreigncountry, any depositions taken by anyconsular officer in the foreign country andtransmitted by him shall, in any proceedingsfor enforcing the claim, be admissible inevidence—

(i) if the deposition is authenticated bythe signature of the consular officerbefore whom it is made ;

(ii) if the defendant or the personaccused, as the case may be, had anopportunity by himself or his agentto cross-examine the witness ; and

(iii) if the deposition was made in thecourse of a criminal proceeding, onproof that the deposition was madein the presence of the personaccused;

and it shall not be necessary in any case toprove the signature or official character ofthe person appearing to have signed anysuch deposition and a certificate by suchperson that the defendant or the personaccused had an opportunity of cross-examining the witness and that thedeposition if made in a criminal proceedingwas made in the presence of the personaccused shall, unless the contrary is proved,be sufficient evidence that he had thatopportunity and that it was so made.

(d) In the case of the death of a master orseaman leaving no dependants, theCommissioner shall, if the owner of the shipis under any law in force for the time beingin Sri Lanka relating to merchant shippingliable to pay the expenses of burial of themaster or seaman, return to the employerthe full amount of the compensationdeposited under section 11 without makingthe deduction referred to in section 12.

(e) No half-monthly payment shall bepayable in respect of the period duringwhich the owner of the ship is, under anylaw in force for the time being in Sri Lankarelating to merchant shipping, liable todefray the expenses of maintenance of theinjured master or seaman.

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AppointmentofCommissionerand DeputyCommis-sioners.[§ 2, 22 of1959.]

Appointmentof AssistantCommis-sioners.

All officersdeemed to bepublic servants.

Protection of 29. No action shall be maintainedpublic servants. against any public servant for anything by

him done or omitted to be done in goodfaith under this Ordinance.

Disputes to besettled byCommissioner.

EachCommissionerto deal withmattersrelating toaccidents in hislocal area.

PART VI

APPOINTMENT OF COMMISSIONER ANDOTHER OFFICERS

26. There may be appointed, by name orby office, a Commissioner for Workmen'sCompensation for Sri Lanka and suchnumber of Deputy Commissioners forWorkmen's Compensation for the Island asmay be necessary.

27. There may be appointed suchnumber of Assistant Commissioners forWorkmen's Compensation as may benecessary, for such local areas as may bespecified in the respective notificationsrelating to their appointments.

28. Any officer appointed under section26 or section 27 shall be deemed to be apublic servant within the meaning of thePenal Code.

PART VII

PROCEEDINGS BEFORE COMMISSIONERS

30. If any question arises in anyproceeding under this Ordinance as to theliability of any person to any compensation(including any question as to whether aperson injured is or is not a workman), or asto the amount or duration of compensation(including any question as to the nature orextent of disablement), or as to the age ofany workman or dependant, the questionshall, in default of agreement, be settled anddetermined by a Commissioner.

31. Where any matter is under thisOrdinance required to be done by or beforea Commissioner, the same shall, subject tothe provisions of this Ordinance and to anyregulations made thereunder, be done by orbefore a Commissioner entitled to functionas such in the local area in which theaccident took place which resulted in theinjury:

Provided that, where the workman is themaster of a registered ship or a seaman, anysuch matter may be done by or before aCommissioner entitled to function as suchin the local area in which the owner or agentof the ship resides or carries on business.

32. Any Commissioner may, for thepurpose of deciding any matter referred tohim for decision under this Ordinance,choose one or more persons possessingspecial knowledge of any matter relevant tothe matter under inquiry, to assist him inholding the inquiry.

33. (1) If a Commissioner is satisfied byany party to any proceedings under thisOrdinance pending before him that suchmatter can be more conveniently dealt withby any other Commissioner, whether in thesame province or not, he may, subject toregulations made under this Ordinance,order such matter to be transferred to suchother Commissioner either for report or fordisposal, and, if he does so, shall forthwithtransmit to such other Commissioner alldocuments relevant for the decision of suchmatter and, where the matter is transferredfor disposal, shall also transmit in theprescribed manner any money remaining inhis hands or invested by him for the benefitof any party to the proceedings.

(2) The Commissioner to whom anymatter is so transferred shall, subject toregulations made under this Ordinance,inquire thereinto, and, if the matter wastransferred for report, return his reportthereon or, if the matter was transferred fordisposal, continue the proceedings as if theyhad originally commenced before him.

(3) On receipt of a report from aCommissioner to whom any matter hasbeen transferred for report under subsection(1), the Commissioner by whom it wasreferred shall decide the matter referred inconformity with such report.

34. (1) No application for the settlementof any matter by a Commissioner, otherthan an application by a dependant ordependants for compensation, shall be madeunless and until some question has arisenbetween the parties in connexion therewithwhich they have been unable to settle byagreement.

Commissionerentitled toassistance ofexperts.

Transfer ofcase from oneCommissionerto another.

Form ofapplication toCommissionerfor settlementof question indispute.

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Cap. 158] WORKMEN'S COMPENSATION

(2) An application to a Commissionermay be made in such form and shall beaccompanied by such fee, if any, as may beprescribed, and shall contain, in addition toany particulars which may be prescribed,the following particulars, namely :—

(a) a concise statement of thecircumstances in which theapplication is made and the relief ororder which the applicant claims ;

(b) in the case of a claim forcompensation against an employer,the date of service of notice of theaccident on the employer and, ifsuch notice has not been served orhas not been served in due time, thereason for such omission ;

(c) the names and addresses of theparties ; and

(d) except in the case of an application bydependants for compensation, aconcise statement of the matters onwhich agreement has and of thoseon which agreement has not beencome to.

(3) If the applicant is illiterate or for anyother reason is unable to furnish therequired information in writing, theapplication shall, if the applicant so desires,be prepared under the direction of theCommissioner.

35. A Commissioner shall have all thepowers of a civil court under the CivilProcedure Code, for the purpose of takingevidence on oath (which such Commissioneris hereby empowered to impose) and ofenforcing the attendance of witnesses andcompelling the production of documentsand material objects; and a Commissionershall be deemed to be a civil court for all thepurposes of section 135 and Chapter XXXIIof the Code of Criminal Procedure Act.

36. Any appearance, application or actrequired to be made or done by any personbefore or to a Commissioner (other than anappearance of a party which is required forthe purpose of his examination as a witness)may be made or done on behalf of suchperson by a legal practitioner or by arepresentative authorized in writing by suchperson and approved -by the Commissioner.

Submission ofquestion of lawfor opinion ofCourt ofAppeal.

Civil court hasno jurisdictionover mattersrequired to bedealt with byCommissioner.[§8,31 of1957.]

37. The Commissioner shall make abrief memorandum of the substance of theevidence of every witness as the examinationof the witness proceeds, and suchmemorandum shall be signed by theCommissioner and shall form part of therecord:

Method ofrecordingevidence.

Provided that, if the Commissioner isprevented from making such memorandum,he shall record the reason of his inability todo so and shall cause such memorandum tobe made from his dictation and shall signthe same, and such memorandum shall formpart of the record ;

Provided, further, that the evidence ofany medical witness shall be taken down asnearly as may be word for word.

38. All costs incidental to any Costs.proceedings before a Commissioner shall,subject to regulations made under thisOrdinance, be in the discretion of theCommissioner.

39. A Commissioner may, if he thinksfit, submit any question of law for theopinion of the Court of Appeal, and, if hedoes so, he shall decide that question inconformity with such opinion.

40. No civil court shall have jurisdictionto settle, decide or deal with any questionwhich is by or under this Ordinancerequired to be settled, decided or dealt withby a Commissioner or, except as providedin section 41 (2), to enforce any liabilityincurred under this Ordinance.

41. (1) The Commissioner may recover Recovery ofany sum or amount due from or payable by amounts due.any person under this Ordinance whetherunder an agreement or in terms of an awardfor the payment of compensation orotherwise, (including any sum payable byway of costs), as if it were a fine imposed bya Magistrate upon such person, and for thepurposes of such recovery shall have all thepowers conferred upon a Magistrate for therecovery of fines imposed by him.

(2) If any sum referred to in subsection [§9,3 lof(1) cannot be recovered in the manner 1957.]specified in that subsection within sixmonths from the date on which such sumbecomes due from the person liable to pay

Powers ofCommissioner.

Appearance ofparties.

VII/248

WORKMEN'S COMPENSATION [Cap. 158it, the Commissioner may make application,where such sum exceeds one thousand fivehundred rupees, to the District Court or,where such sum does not exceed onethousand five hundred rupees, to thePrimary Court, within whose jurisdictionsuch person resides, for the recovery of suchsum by the seizure and sale of theimmovable property of such person, and,upon such application being made, the courtshall issue to the Fiscal a writ for therecovery of such sum by the seizure and saleof such immovable property. The provisionsof the Civil Procedure Code relating to theseizure and sale of immovable property bythe Fiscal in execution of a writ issued by acourt and to the making and adjudication ofclaims in respect of immovable propertyseized by the Fiscal shall apply to theseizure and sale of immovable property forthe recovery of the sum specified in theCommissioner's application and to themaking and adjudication of claims inrespect of immovable property seized for therecovery of such sum. For the purpose ofthe application of such provisions the sumso specified shall be deemed to be due on adecree entered by the court and theCommissioner shall be deemed to be thejudgment-creditor and the person liable topay such sum shall be deemed to be thejudgment-debtor.

PART VIII

REGISTRATION OF AGREEMENTS

42. Where the amount of any lump sumpayable as compensation has been settled byagreement, whether by way of redemptionof a half-monthly payment or otherwise, orwhere any compensation has been so settledas being payable to a woman or a personunder a legal disability, a memorandumthereof shall be sent by the employer to theCommissioner, who shall, on being satisfiedas to its genuineness, record thememorandum in a register in the prescribedmanner:

Provided that—

(a) no such memorandum shall berecorded before seven days aftercommunication by theCommissioner of notice to theparties concerned;

(b) the Commissioner may at any timerectify the register;

(c) where it appears to the Commissionerthat an agreement as to thepayment of a lump sum whether byway of redemption of a half-monthly payment or otherwise, oran agreement as to the amount ofcompensation payable to a womanor a person under a legal disabilityought not to be registered by reasonof the inadequacy of the sum oramount, or by reason of theagreement having been obtained byfraud or undue influence or otherimproper means, he may refuse torecord the memorandum of theagreement and may make suchorder including an order as to anysum already paid under theagreement, as he thinks just in thecircumstances.

43. Where a memorandum of anyagreement, the registration of which isrequired by section 42, is not sent to theCommissioner as required by that section,the employer shall be guilty of an offenceand shall, on conviction after summary trialby a Magistrate, be liable to pay a fine notexceeding one thousand rupees, and shallalso be liable to pay the full amount ofcompensation which he is liable to payunder the provisions of this Ordinance, andnotwithstanding anything contained in theproviso to subsection (1) of section 6, shallnot, unless the Commissioner otherwisedirects, be entitled to deduct more than halfof any amount paid to the workman by wayof compensation whether under theagreement or otherwise.

44. The Commissioner may, within sixmonths after the registration of anymemorandum of agreement referred to insection 42, order that the registration shallbe cancelled if it is proved to his satisfactionthat the agreement has been obtained byfraud or undue influence or other impropermeans, and may make such order, includingan order as to any sum or amount alreadypaid under the agreement, and an order forthe registration of a new agreement, as hethinks just in the circumstances.

Effect offailure to sendmemorandumof agreementtoCommissioner,[§ 10, 31 of1957.]

Cancellation ofregistration ofmemorandum.

Memorandumof agreementto be sent toCommissioner.

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Cap. 158] WORKMEN'S COMPENSATION

Licence toundertakeinsurance forthe purposes ofthe Ordinance.

Commissionerempowered toinspectaccounts oflicensee.

Suspension orcancellation oflicence.

PART IX

INSURANCE

45. (1) It shall be lawful for theCommissioner on payment to him of theprescribed fees, to issue a licence to anyperson to undertake insurance againstliabilities to workmen which may beincurred by employers under thisOrdinance, if it is shown to his satisfaction,after such inquiry as he may think fit tomake, that such person is financially able toundertake such insurance.

(2) Every person who undertakes anysuch insurance without being licensed forthat purpose under subsection (1), and everyemployer who insures against any suchliability with a person who has not beenlicensed under that subsection, shall beguilty of an offence and shall, on convictionafter summary trial by a Magistrate, beliable to a fin&not exceeding one thousandrupees. ^

(3) In this section, " person " includes theagent of a person who undertakes to insurean employer against his liability to paycompensation under this Ordinance.

(4) No prosecution shall be enteredagainst any person for a breach of theprovisions of this section except on thecomplaint of the Commissioner or with hiswritten sanction.

46. Every person licensed under section45 shall produce for the inspection of theCommissioner at such times as theCommissioner may require, all the accountsof the insurance business which heundertakes for the purposes of thisOrdinance, and in default of so doing shallbe guilty of an offence and shall, onconviction after summary trial by aMagistrate, be liable for each offence to afine not exceeding one hundred rupees.

47. (1) It shall be lawful for theCommissioner to suspend or cancel anylicence issued to any person under section45—

(a) if he is satisfied that such person is nolonger financially able to undertake

insurance against liabilities whichmay be "incurred by employersunder this Ordinance; or

(b) if such person has been guilty offraud, or has made undue delay inthe payment or non-payment ofclaims arising out of suchinsurance; or

(c) if such person has been convictedunder section 46.

(2) An order made under subsection (1)for the suspension or cancellation of alicence shall be subject to an appeal to theCourt of Appeal in the manner hereinafterprovided.

PART X

APPEALS

48. (1) An appeal on a point of law Appeals.shall lie to the Court of Appeal against anyorder made by the Commissioner.

(2) No person shall appeal against anorder made by the Commissioner unlesssuch person is a party aggrieved by theorder against which he appeals.

(3) For the purpose of disposing of anyappeal on a point of law, the Court ofAppeal may vary, modify or reverse thefinding of the Commissioner on anyquestion of fact.

(4) An employer shall not be entitled toappeal on a point of law against an orderawarding as compensation a lump sumwhether by way of redemption of a half-monthly payment or otherwise or against anorder disallowing a claim in full or in partfor a lump sum unless the petition of appealis accompanied by a certificate by theCommissioner to the effect that theappellant has deposited with him theamount payable under the order appealedagainst.

(5) No appeal shall lie in any case inwhich the parties have agreed in writing toabide by the decision of the Commissioneror in which the order of the Commissionergives effect to an agreement so made by theparties.

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(6) Every petition of appeal shall beaccompanied by a duplicate thereof, and theRegistrar of the Court of Appeal shalltransmit such duplicate to theCommissioner.

49. (1) Every petition of appeal shallbear uncancelled stamps to the value of fiverupees and shall be filed in the Court ofAppeal within a period of thirty daysreckoned from the date of the order againstwhich the appeal is preferred.

(2) In computing the time within whichan appeal must be preferred the day onwhich the order appealed against was madeshall be included, but all public holidaysshall be excluded.

50. The Court of Appeal shall havepower in all appeals under this Part toaward such costs to be paid by or to theparties thereto as the court may considerjust:

Provided that in no case shall an orderfor costs be made against theCommissioner.

51. Subject to the provisions of thisPart, the provisions of Chapter XXVIII ofthe Code of Criminal Procedure Act,relating to appeals from Magistrates'Courts, shall apply mutatis mutandis, inregard to all matters connected with thehearing and disposal of an appeal preferredunder section 48 and, for such purpose, theorder of the Commissioner shall be deemedto be the order of a court.

52. The Court of Appeal may hear theCommissioner or any party concerned, inperson or by counsel, when any question oflaw is submitted for opinion under section39.

53. Where an employer prefers anappeal on a point of law against an orderawarding as compensation a lump sumwhether by way of redemption of a half-monthly payment or otherwise or against anorder disallowing a claim in full or in partfor a lump sum, the Commissioner may,and if so directed by the Court of Appealshall, pending the decision of the appeal,withhold payment of any sum depositedwith him:

Provided that the Commissioner maydistribute, in such manner as he may thinkfit, out of any sum in deposit with him, asum not exceeding one-tenth of the sumpayable under his order, or fifty rupees,whichever is less, among persons entitledunder his order to receive compensationwho, in his opinion, are unable to supportthemselves, and in the event of the appealbeing successful any sum so paid by theCommissioner to any person shall bedeemed to be a debt due from that person tothe employer and may be sued for andrecovered by the employer in a civil court ofcompetent jurisdiction.

PART XI

REGULATIONS

54. (1) The Minister may make Regulations.regulations for the purpose of carrying outor giving effect to the principles andprovisions of this Ordinance.

(2) In particular, and without prejudiceto the generality of the powers conferred bysubsection (1), the Minister may makeregulations for or in respect of all or any ofthe following matters, namely:—

(a) for prescribing the intervals at whichand the conditions subject to whichan application for review may bemade under section 8 when notaccompanied by a medicalcertificate;

(b) for prescribing the intervals at whichand the conditions subject to whicha workman may be required tosubmit himself for medicalexamination under subsection (1) ofsection 21 ;

(c) for prescribing the procedure to befollowed by Commissioners in thedisposal of cases under thisOrdinance and by the parties insuch cases;

(d) for regulating the transfer of mattersand cases from one Commissionerto another and the transfer ofmoney in such cases ;

Withholding o:certainpaymentspendingdecision ofappeal.

Hearing ofsubmission onquestion oflaw.

Procedure inappeal.

Costs ofappeal.

Time-limit forappeals.

[§11, 31 of1957.]

VII/251

Cap. 158] WORKMEN'S COMPENSATION(e) for prescribing the manner in which

money in the hands of aCommissioner may be invested forthe benefit of dependants of adeceased workman and for thetransfer of moneys so invested fromone Commissioner to another;

(f) for the representation in proceedingsbefore Commissioners of partieswho are minors or are unable tomake an appearance;

(g) for prescribing the form and mannerin which memoranda of agreementsshall be presented and registered ;

(h) for the withholding byCommissioners, whether in wholeor in part, of half-monthlypayments pending decision onapplications for review of the same ;

(i) for regulating the scales of costs whichmay be allowed in proceedings andappeals under this Ordinance ;

( ] ) for prescribing and determining theamount of the fees payable inrespect of any proceedings before aCommissioner under thisOrdinance;

(k) for the maintenance byCommissioners of registers andrecords of proceedings beforethem;

(1) for prescribing the classes ofemployers who shall maintainnotice-books and the form of suchnotice-books;

(m) for prescribing the form of statementto be submitted by employers undersection 20;

(n) all matters stated or required in thisOrdinance to be prescribed ; and

(o) generally for all matters incidental toor connected with the matters orsubjects specifically mentioned inthis subsection.

Amendment of 55. (1) The Minister may, by regulation Schedules by modify, add to, alter or rescind anyregulation. Schedule or part of any Schedule and may

substitute a new Schedule for any Scheduleherein enacted:

Provided that the provisions of SchedulesII and III shall not be so modified, addedto, altered or rescinded nor shall any newSchedule be substituted for either of thoseSchedules except after notificationpublished in the Gazette declaring theintention of the Minister so to effect suchmodification, addition, alteration, rescissionor substitution, as the case may be, at a datenot earlier than three months from the dateof the first publication of such notificationin the Gazette.

(2) For the purpose of the application ofthe provisions of any Schedule at anyparticular time, a reference in thisOrdinance to any Schedule shall beconstrued as a reference to the provisions ofthat Schedule which are in force at thattime.

56. (1) No regulations shall have effect Approval ofunless it has been approved by Parliament, regulations.Notification of such approval shall bepublished in the Gazette.

(2) Every regulation shall, upon thepublication of the approval of thatregulation as provided for in subsection (1),be as valid and effectual as if it were hereinenacted.

PART XII

MISCELLANEOUS

57. (1) Where a workman has beeninjured as a result of an accident occurringon the business premises of his employer orarising out of and in the course of hisemployment, and either dies within a periodof seven consecutive days next succeedingthat on which the accident occurred orabsents himself from work for that period,his employer shall report the occurrence andthe particulars of such accident to theCommissioner in the prescribed form withina period of fourteen days reckoned from thedate on which the accident occurred.

(2) Every employer shall before theprescribed date in every year send to theCommissioner a correct return in theprescribed form specifying—

Employer toreport toCommissioneraccidents toworkmen incertain cases,and to sendannual returns.

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WORKMEN'S COMPENSATION [Cap. 158

(a) the injuries in respect of whichcompensation has been paid by himor by any insurer with whom he hasentered into a contract in respect ofany liability under this Ordinanceduring the year preceding that inwhich the return is made; and

(b) the amount of such compensation;and

(c) such other particulars in respect ofsuch compensation as theCommissioner may require:

Provided that any further particularsrequired by the Commissioner underparagraph (c) of this subsection may befurnished after the prescribed date andwithin such period as the Commissionermay appoint.

(3) Every employer who contravenes orfails to comply with any of the provisions ofthis section shall be guilty of an .offence andshall, on conviction after summary trial by aMagistrate, be liable to a fine not exceedingfifty rupees:

Provided that not employer shall be guiltyof a breach of subsection (1) if he provesthat he had no knowledge of the accidentwithin the period of fourteen daysmentioned in that subsection.

58. Save as provided by thisOrdinance, no lump or half-monthlypayment payable under this Ordinance shallin any way be capable of being assigned orcharged or be liable to attachment or passto any person other than. the workman byoperation of law, nor shall any claim be setoff against the same.

59. Any contract or agreement whethermade before or after the commencement ofthis Ordinance whereby a workmanrelinquishes any right of compensation fromthe employer for personal injury arising outof or in the course of the employment, shallbe null and void in so far as it purports toremove or reduce the liability of any personto pay compensation under this Ordinance.

60. Nothing in this Ordinance containedshall be deemed to confer any right tocompensation on a workman in respect ofany injury if he has instituted in a civil courtan action for damages in respect of theinjury against the employer or any otherperson; and no action for damages shall bemaintainable by a workman in any court oflaw in respect of any injury—

(a) if he has instituted a claim tocompensation in respect of theinjury before a Commissioner; or

(b) if he has agreed with his employer toaccept compensation in respect ofthe injury in accordance with theprovisions of this Ordinance.

Compensationnot to beassigned,attached orcharged.

Contracting-out.

Injuredworkman mustelect betweencommon lawand statutoryremedy.

SCHEDULE I

LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT [Section 2 (1).]

Injury

Loss of right arm above or at the elbowLoss of left arm above or at the elbow Loss of right arm below the elbowLoss of leg at or above the kneeLoss of left arm below the elbowLoss of leg below the kneePermanent total loss of hearingLoss of one eyeLoss of thumbLoss of all toes of one footLoss of one phalanx of thumbLoss of index fingerLoss of great toe Loss of any finger other than index finger

Percentage ofloss of earning

capacity

706060605050503025201010105

Note.—Complete and permanent loss of the use of any limb or member referred to in this Schedule shall bedeemed to be the equivalent of the loss of that limb or member.

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SCHEDULE II

[Section 2(1).] LIST OF PERSONS WHO, SUBJECT TO THE PROVISIONS OF SECTION 2 (i), ARE INCLUDED IN THE DEFINITION OF " WORKMAN "IN THAT SECTION

Subject to the provisions of section 2, the following persons are workmen within the meaning of subsection (1)of that section, that is to say, any person who is—

1. employed, otherwise than in a clerical capacity, in connexion with the operation or maintenance of anyvehicle which is propelled by steam or other mechanical power or by electricity and is used for the carriage orconveyance of passengers or goods for hire, or for industrial or commercial purposes ; or

2. employed, otherwise than in a clerical capacity, in any premises wherein, or within the precincts whereof,steam, water or other mechanical power or electrical power is used in aid of any process for, or incidental to, themaking, altering, repairing, ornamenting, finishing, or otherwise adapting for use, for transport, or for sale, of anyarticle or part of an article, and wherein, or within the precincts whereof, on any one day of the preceding twelvemonths, ten or more persons have been so employed in any such process; or

[§ 12, 31 of 3. employed, otherwise than in a clerical capacity, in any premises wherein, or within the precincts whereof,1957.] on any one day of the preceding twelve months, ten or more persons have been employed in any process for, or

incidental to, the making, altering, repairing, ornamenting, finishing, or otherwise adapting for use, for transport,or for sale, of any article or part of an article or in any kind of work whatsoever incidental to or connected withthat process or with the article so made, altered, repaired, ornamented, finished or adapted by that process; or

4. employed, in any mine, in mining operation, or in any kind of work, other than clerical work, incidental toor connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever belowground:

Provided that any excavation in which on no day of the preceding twelve months more than ten persons havebeen employed or explosives have been used, and whose depth from its highest to its lowest point does not exceedtwenty feet shall be deemed not to be a mine for the purpose of this clause; or

5. employed as the master of a registered ship or as a seaman; or

6. employed for the purpose of loading, unloading, fuelling, victualling, constructing, repairing, demolishing,cleaning or painting any ship of which he is not the master or a member of the crew, or in the handling ortransport within the limits as defined under section 2 of the Masters Attendant Ordinance, or any port in SriLanka, of goods which have been discharged from or are to be loaded into any vessel; or

7. employed in the construction, repair, maintenance or demolition of—

[§ 12, 31 of (a) any building; or1957.]

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

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

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

8. employed in setting up, repairing, maintaining, or taking down any telegraph or telephone line or post orany overhead electric line or cable or post or standard for the same; or

9. employed in the construction, repair, inspection, maintenance or demolition of any underground sewer;or

10. employed in the service of any fire brigade; or

11. employed in any occupation involving blasting operations; or

12. employed in the making of any excavation in which on any one day of the preceding twelve months morethan ten persons have been employed or explosives have been used, or whose depth from its highest to its lowestpoint exceeds twenty feet; or

13. employed in the operation of any ferry boat capable of carrying more than ten persons; or

14. employed, otherwise than in a clerical capacity, on any estate which is maintained for the purpose ofgrowing cacao, cardamoms, cinchona, coconuts, coffee, rubber or tea and on which on any one day in thepreceding twelve months ten or more persons have been so employed ; or

15. employed, otherwise than in a clerical capacity, in the supplying, generating or transforming of electricalenergy or in the generating or supplying of gas; or

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WORKMEN'S COMPENSATION [Cap. 158

16. employed on any boat, launch or vessel which ordinarily plies within the limits of any harbour of SriLanka or on any canal, river, lake or other inland navigable water and is propelled wholly or in part by steam orother mechanical power or by electricity; or

17. employed, otherwise than in a clerical capacity, in the Railway Department; or

18. employed, otherwise than in a clerical capacity, in the construction, working, repair, maintenance ordemolition of any aerial ropeway, canal or pipe-line; or

19. employed in the training, keeping or working of elephants, race-horses or wild animals; or

20. employed as a diver; or

21. employed in producing cinematograph pictures intended for public exhibition or in exhibiting suchpictures; or

22. employed in the manaufacture or handling of explosives in any premises wherein, or within the precinctswhereof, on any one day of the preceding twelve months five or more persons have been so employed ; or

23. employed in the tapping or coupling of palm trees, or the plucking of coconuts, or the felling or logging oftrees, or the clearing of jungle, or the transport of timber by inland water-ways, or the control or extinguishing offorest fires, or any other work incidental to or connected with any of the operations enumerated in this clause; or

24. employed in operations for the catching or hunting of elephants or other wild animals; or

25. employed in the handling or transport of goods in or within the precincts of—

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

(b) any market or fair in which on any one day of the preceding twelve months ten or more persons havebeen so employed; or

26. employed in any occupation involving the handling or the manipulation of radio or X-ray apparatus, orcontact with radio-active substances; or

27. employed as an inspector, mail guard, sorter or van peon in the mail service of the Railway Department;or

28. employed in a lighthouse; or

29. employed in any occupation ordinarily involving outdoor work; or [§ 12, 31 of1957.]

30. employed in the operation or maintenance of any lift, crane, tractor or excavator; or

31. employed in the salvaging of wrecks; or

32. employed in operations connected with electrical illuminations; or

33. employed in scavenging or conservancy or in any work connected with, or incidental to, scavenging orconservancy ; or

34. employed in any park or in any work connected with, or incidental to, the maintenance thereof; or

35. employed in any radio rediffusion service; or [§ 12, 31 of1957.]

36. employed as a carter; or

37. employed in, or in connexion with, the catching of fish; or

38. employed, otherwise than in a clerical capacity, on any premises wherein the business of maintaining orrepairing any machinery or vehicles is carried on; or

39. employed as a performer in any circus or acrobatic show; or

40. employed in a meat stall; or

41. employed in the transport of fish; or

42. employed in a petrol depot.

Explanation.—la this Schedule, the expression " the preceding twelve months " relates, in any particular case, tothe period of.twelve months ending with the day on which the accident in that case occurred.

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Cap. 158] WORKMEN'S COMPENSATION

[Section 4.][§ 13, 31 of1957.]

SCHEDULE III

OCCUPATIONAL DISEASES

PART A

Description of Occupational Disease

Anthrax infection

Compressed air illness or its sequelaePoisoning by lead tetra-ethylPoisoning by nitrous fumes

Description of Process

Any employment involving—(a) work in connexion with animals infected with anthrax;(b) handling of animal carcases or parts thereof, including hides,

hoofs and horns; and.(c) loading and un-loading or transport of merchandise.

Any process carried on in compressed airAny process involving the use of lead tetra-ethyl.Any process involving exposure to nitrous fumes.

PART B

Description of Occupational Disease

Arsenical poisoning or its sequelae

Chrome ulceration or its sequelae

Poisioning by lead, its alloys orcompounds and their sequelae.

Poisoning by mercury its amalgamsand compounds and their sequelae

Pathological manifestations due to—(a) radium and other radio active

substances;(b) X-rays

Phosphorus poisoning or its sequelae

Poisoning by benzene and itshomologues, or the sequelae ofsuch poisoning

Poisoning by nitro or amidoderivatives of benzene and itshomologues or the sequelae of suchpoisoning

Poisoning by the halogenderivatives of hydro-carbons ofthe aliphatic series

Primary epitheliomatous cancer ofthe skin

Description of Process

Any process involving the production, liberation or utilization of arsenicor its compounds.

Any process involving the use of chromic acid or bichromate ofammonium, potassium or sodium or their preparations.

Handling of ore containing lead, including fine shot in zinc factories.Casting of old zinc and lead in ingots.Manufacture of articles made of cast lead or of lead alloys.Employment in the polygraphic industries.Manufacture of lead compounds.Manufacture and repair of electric accumulators.Preparation and use of enamels containing lead.Polishing by means of lead files or putty powder with a lead content.All painting operations involving the preparation and manipulation of

coating substances, cement or colouring substances containing leadpigments.

Handling of mercury ore.Manufacture of mercury compounds.Manufacture of measuring and laboratory apparatus.Preparation of raw material for the hat-making industry.Hot gilding.Use of mercury pumps in the manufacture of incandescent lamps.Manufacture of fulminate of mercury primers.

Any process involving exposure to the action of radium, radio-activesubstances, or X-rays.

Any process involving the use of phosphorus or its preparations orcompounds.

Handling benzene or any of its homologues and any process in themanufacture or involving the use of benzene or any of itshomologues.

Handling any nitro or amido derivatives of benzene or any of itshomologues, or any process in the manufacture or involving the usethereof

Any process involving the production, liberation or utilization ofhalogen derivatives of hydro-carbons of the aliphatic series

Any process involving the handling or use of tar, pitch, bitumen,mineral oil, paraffin, or the compounds, products or residues of thesesubstances

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WORKMEN'S COMPENSATION [Cap. 158

SCHEDULE IV

COMPENSATION PAYABLE IN CERTAIN CASES

[Section 6.][§ 3,4 of 1966.]

Monthly wagesof the

workmaninjured

(1)

More But notthan— more than—

Rs. Rs.

0 ,. 3030 .. 4040 .. 5050 .. 6060 .. 7070 .. 8080 .. 9090 .. 100

100 .. 120120 .. 140140 .. 160160 .. 180180 .. 200200 .. 250250 .. 300300 .. 400400 .. 500

Amount of compensation for—

Death ofadult

(2)

Rs.

1,8002,4502,8003,0803,3603,7804,2004,5504,9005,6006,3007,0007,5608,6809,450

11.20012,900

Permanenttotal

disablementof adult

(3)

Rs.

2,1002,8003,2003,5203,8404,3204,8005,2005,6006,4007,2008,0008,6409,920

10,80012,80014,750

Half-monthlyp£ivn"n'nr AS

co ni 111. n^, ilninfoi tL 'mporarydi'.ahiciiicilt

of adult

(4)

Rs.

15 0175020 022 024 027 030 0325035 040 045 050 054 062 0675080 092 0

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