Maharashtra Workmen’s Compensation Rules, 1934

Background

The Maharashtra Workmen’s Compensation Rules, 1934, were framed under the Employee’s Compensation Act, 1923. These rules detail procedural obligations for employers in Maharashtra to ensure injured employees or their dependents receive due compensation for workplace-related injuries or fatalities. The rules outline forms, timelines, responsibilities, and penalty clauses for defaulting employers.

Applicability

These rules are applicable to all the employers which includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer and when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship means such other person while the workman is working for him as defined under the Employee’s Compensation Act, 1923

Compliance requirements under the Rules in accordance with Act

  • From F: Display of notices containing abstracts of the Act by employers in Maharashtra (Rule 15)

Notices containing abstracts from the Act along with the Commissioner’s designation and address must be displayed by every employer at a prominent location near the Time Keeper’s office or main entry gate. The notice should be in English and a local language understood by workers, in Form ‘F’, and must be legible.

  • Employer’s liability for compensation in Maharashtra (Section 3)

If an employee sustains injury arising out of and during employment, the employer is liable to pay compensation unless the injury leads to less than three days of disablement or is due to the employee’s own misconduct, such as intoxication, disobedience to safety rules, or tampering with safety devices.

  • Compensation where death due to injury in establishment in Maharashtra (Section 4(1)(a))

Compensation for death due to employment injury shall be 50% of the monthly wages multiplied by the relevant factor or ₹1,20,000, whichever is higher. Relevant factor is based on the employee’s age as per Schedule IV.

  • Compensation where permanent total disablement results from the injury in Maharashtra (Section 4(1)(b))

For permanent total disablement, compensation is 60% of the employee’s monthly wages multiplied by the relevant factor or ₹1,40,000, whichever is more. The relevant factor depends on the employee’s completed age in years.

  • Compensation for partial disablement due to injury specified in Part II Sch I in Maharashtra (Section 4(1)(c)(i))

When permanent partial disablement is due to an injury listed in Schedule I Part II, compensation is a percentage of the total disablement amount, as per the percentage loss of earning capacity specified in the Schedule.

  • Compensation for permanent partial disablement from injury not specified in Sch I in Maharashtra (Section 4(1)(c)(ii))

For injuries not listed in Schedule I, compensation is proportional to the assessed loss of earning capacity, based on medical evaluation. Multiple injuries from the same accident are combined but capped at total disablement compensation.

  • Compensation where temporary disablement (total or partial) results due to injury in Maharashtra (Section 4(1)(d))

Temporary disablement compensation includes half-monthly payments equal to 25% of monthly wages, starting on the 16th day of disablement lasting 28+ days, or after a 3-day waiting period if less. Payments continue until recovery or a maximum of five years.

  • Reimbursement of medical expenditure in Maharashtra (Section 4(2A))

Employees are entitled to reimbursement of actual medical expenses incurred for treatment of injuries sustained during the course of employment.

  • Payment of compensation by employer in Maharashtra (Section 4A)

If the employer disputes the compensation claimed, they must make a provisional payment based on the accepted liability. This must be deposited with the Commissioner or paid to the employee without affecting the employee’s right to further claims.

Form A: Statement of compensation for fatal accident in Maharashtra (Section 8(1),Rule 6(1))

Employers must submit Form A when depositing compensation for a fatal accident, and will receive a receipt in Form B. Advances equal to three months’ wages may be given to dependents and adjusted against payable compensation.

  • Form AA for non-fatal accident of a woman or a person under a legal disability in Maharashtra (Section 8(1), Rule 6(1))

For non-fatal injuries involving a woman or legally disabled person, employers must deposit compensation with a statement in Form AA and receive a receipt in Form B. Direct payments are not deemed valid compensation.

  • Form D for non-fatal accident of other than a woman or person under legal disability in Maharashtra (Section 8(2), Rule 9)

Employers must use Form D when depositing compensation for non-fatal injuries not involving women or legally disabled persons and obtain a receipt in Form E.

  • Form EE: Report of fatal accidents (Section 10B, Rule 11)

If a fatal accident or serious bodily injury occurs, a report in Form EE must be submitted to the Commissioner within 7 days. Serious injury includes loss or impairment of limbs, sight, hearing, or enforced absence for over 20 days.

  • Restriction on number of medical examination of an employee in Maharashtra (Section 11, Rule 16)

An injured employee receiving half-monthly payments cannot be required to appear for medical exam more than twice in the first month post-accident and once per subsequent month at their current location.

  • Returns as to compensation (Section 16)

The State Government may require employers to submit annual returns regarding number and amount of compensation payments made, along with any other specified particulars.

  • Duty of employer to inform employee of his rights in Maharashtra (Section 17A)

At the time of employment, employers must inform employees about their right to compensation, both in writing and electronically, in a language understood by the employee (English, Hindi, or regional language).

  • Registration of Agreements in Maharashtra (Section 28, Rule 48)

Any lump sum compensation agreed upon (including for women or legally disabled persons) must be sent in duplicate to the Commissioner using Form K, L, or M, depending on the case.

Penalties & Punishments

As per Section 18A:

Whoever–

(a) fails to maintain a notice-book which he is required to maintain under sub-section (3) of section 10, or

(b) fails to send to the Commissioner a statement which he is required to send under sub-section (1) of section 10A, or

(c) fails to send a report which he is required to send under section 10B, or

(d) fails to make a return which he is required to make under section 16 or

(e) fails to inform the employee of his rights to compensation as required under section 17A, shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees.

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