Full text: Report of the Royal Commission on Labour in India

208 
CHAPTER XVI. 
extension of the law might have the effect of securing compensa- 
tion for some persons who otherwise would not receive it, we think 
the legislature should not confer rights on a large class of persons 
unless these rights can be made generally effective. Moreover, pro- 
vision for compensation is not the only benefit flowing from workmen’s 
compensation legislation ; it has important effects in furthering work on 
the prevention of accidents, in giving workmen greater freedom from 
anxiety, and in rendering industry more attractive. But in present 
conditions in India, none of these advantages is likely to be secured 
in many, perhaps most, of the unorganised branches of employment 
by a general extension of the law. Finally, having regard to the 
large number of possible claims under the present Act that are not 
preferred, the administrative machinery cannot be regarded as having 
been fully tested as vet. 
A Scheme of Extension. 
While these considerations have led us to the conclusion that a 
general extension of the Act is not practicable, they do not preclude a 
substantial enlargement of the number of persons covered by the Act. 
In particular, the objections to a wholesale extension cannot be urged 
against the inclusion of non-hazardous employment of an organised 
character. Such an extension should involve no serious addition to 
the burden of administration, while it would have the effect of giving 
to a large number of persons protection against the results of accidents 
which, if they are comparatively infrequent, can cause no less distress 
on this account. Further, the Act at present is not rigidly confined in 
its scope to those engaged in fully organised branches of industry. It 
aimed at the inclusion of industries which are more or less organised, 
but some of the establishments which come within its ambit have little 
organisation. We consider that a gradual extension in this direction is 
desirable, particularly where unusual hazards are involved. To sum up, 
we consider that the method of advance should be to include first 
workers in organised branches of industry, whether these are hazardous 
or not, and secondly to extend the Act gradually to workers in less 
organised employment, beginning with those who are subjected to 
most risk. The recommendations which follow aim at the inclusion 
of as many as possible of the first group of workers and of 
some who fall within the second group. Thereafter we consider that 
the powers conferred upon the Government of India in Section 2 (3) 
of the Act should be used to secure the gradual inclusion of further 
branches of hazardous employment. The experience so gained should 
be of assistance in determining, at a later stage, whether further large 
extensions of the Act are desirable. 
Expansion of Existing Classes. 
Applying these general considerations, we proceed to indicate 
some classes whose immediate inclusion scems desirable, and we deal 
first with some sections of industry which are mentioned in the Act. 
In respect of factories, the Act at present applies only to factories as 
defined in Section 2 (3) (a) of the Factories Act. It thus excludes factories
	        
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