Report of the Royal Commission on Labour in India

Bibliographic data

Monograph

Identifikator:: 1850495947

URN:: urn:nbn:de:zbw-retromon-233603

Document type:: Monograph

Title:: Report of the Royal Commission on Labour in India

Place of publication:: London

Publisher:: His Majesty's Stationery Off.

Year of publication:: 1931

Scope:: xviii, 580 S.; graph. Darst., Kt.

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XVI. - Workmen's compensation

Collection:: Economics Books

WORKMEN'S COMPENSATION. 299 notified by the local Governments under Section 2 (3) (b). Suggestions have been made to us that these should also be included. Buf we do not: think that the question of the inclusion of factory workers within the scope of the Workmen’s Corapensation Act should be bound up with that of bringing these factories under the Factories Act; it is prefer- able that the factory workers to whom the former Act applies should be clearly specified as at present. We recommend the extension of that Act to factories using power in aid of a manufacturing process and em- ploying not less than 10 persons on any one day of the year and also to factories carrying on manufacturing processes without the use of power, if not less than 50 persons are employed on any one day. In the case of mines, the Act at present applies to all mines subject to the operation of the Mines Act. This provision is open to the objection referred to’ above in the case of factories, for it is possible for the Government of India to exclude any mines or classes of mines from the operation of the Mines Act. The effect of exclusion, which may be necessitated by administrative considerations applicable solely to the Mines Act, is to deprive workers of their right to compensation. We recommend, therefore, that the Workmen's Compensation Act should apply to workers in all mines except those open quarries in which less than 50 persons are employed and in which no explosives are used. This last qualification is advisable, because the clause relating to blasting operations might be regarded as covering only those engaged in such operations, and not alk who are Hable to be placed in jeopardy thereby. In respect of dock workers, we recommend an extension of the definition to cover all classes of workmen employed in docks. In respect of oilfields the definition, which is apparently intended to exclude non-hazardous employment, should be enlarged by the excision of the specific occupations given in the clause relating to the industry. In the clause relating to building work, we recommend ihe exclusion of the reference to industrial or commercial purposes and the inclusion of all permanent bridges. Even with these extensions, the Act would fail to include a large nuinber of workers engaged in building and other outdeor constructional work who satisfy both the criteria originally laid down, and the application of our methods will involve a large extension. We deal with further classes of sich workers later. Seamen and the Act. The case of persons employed on ships requires fuller considera~ tion. The Act at present applies only to those engaged on sea-going ships registered under Indian Acts, on the 'arger coasting ships registered under those Acts and on the larger inland steam vessels. The great majority of Indian seamen, however, are engaged on ships registered outside India, and mainly on British ships. These have no statutory claim to compensation under the Indian Act; but they have the protection of the British and other Workmen's Compensation Acts. It 18, however, in most cases a difficult matter for them to avail them- selves of this protection, and their dependants find it even more diffi- cult. For example. if a seaman is killed while engaged on a British

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