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CHAPTER XVI.
whose procedure is specially prescribed. From their decisions an
appeal is possible only in particular cases, and to the High Court alone.
In a number of other directions, which will be evident from the discussion
of the details of the measure to which we turn later, the Act contains
provisions in some cases of a novel character. designed to meet the
peculiar conditions of Indian labour.

Working of the Act.

The introduction of the bill was attended by considerable
apprehension ; the measure was one of a type entirely new to India
and the migratory character of Indian industrial labour, the comparative
paucity of medical and insurance facilities and the strong tendency to
litigation appeared to raise problems which were much less serious in
the countries on whose experience the legislature had to proceed. But
the fears expressed when the bill was under consideration have been
unrealised. The Act has proved remarkably smooth in its operation,
litigation has been confined to most reasonable dimensions, and compensa-
tion has been secured for a large and increasing number of workmen with
a comparatively small amount of expense and delay. So far as the ad-
ministrative point of view is concerned, there is much to support the
opinion of the Bengal Government that the Act has been an © unqualified
success ” and the fact that it has been largely followed in an Act passed
in the Federated Malay States confirms the view generally held of it in
India. In one important respect, however, we regard its success as
incomplete for it is evident that, up to the present, workmen, and to a
less extent their dependants, have not taken full advantage of the
benefits conferred upon them by the legislature. We shall revert later
to this question and merely note here that the comparative paucity of
small claims under the Act has facilitated its operation during the earlier
years and that this feature cannot, and should not, be permanent.

Causes of Success,

Such success as the Act has had must, we think, be attributed
in the main to its extreme precision and to the special machinery set up
for its administration. But the attitude of many employers and of
a number of sympathisers with labour has been an important con-
tributory cause. The larger employers, with whom the Act isat present
mainly concerned, have generally shown great readiness to comply
with its provisions, and have been reluctant to contest cases. Insur-
ance organisations have been of great assistance, particularly in the large
cities, and one of the most important employers’ associations has been
successful in operating a system of mutual insurance. On the other
side, although the majority of trade unions have not yet realised the op-
portunities of useful work which the Act affords, some of them have done
what they could on behalf of workmen : and their efforts have been sup-
plemented by other sympathisers including, in at least one centre, a group
of lawyers undertaking cases without remuneration.

Workmen Covered.

Passing to a more detailed consideration of the A ct, the first and

perhaps the most important question which arises is that of the nersons