Report of the Royal Commission on Labour in India

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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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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XVI. - Workmen's compensation

Collection:: Economics Books

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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