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Unit 9: Social Security Legislations

In our country, the institutionalized form of social security began with the Workmen's Notes
Compensation Act, 1923 which "provides for the payment by certain classes of employers to
their workmen of compensation for injury by accident." As in the industrialized countries, the
protection under the Act was limited to certain occupational groups and the contingency covered
was also limited to occupational injuries and diseases. The Act was based on the principle of
employer's liability. Social insurance came later with the enactment of the Employees' State
Insurance Act, 1948.

9.1 The Workmen's Compensation Act, 1923

Workmen's Compensation Act is one of the oldest and most important pieces of social security
legislation.

Objective

The object of the Workmen's Compensation Act is to make provision for the payment of
compensation to a workman only, i.e. to the concerned employee himself in case of his surviving
the injury in question and to his dependents in the case of his death.
Definitions

1. Dependant: The relations of a workman are divided into three classes. Dependents
belonging to any category may claim:
(i) The first category includes a window, a minor legitimate or adopted son, an
unmarried legitimate or adopted daughter and a widowed mother. They are deemed
in law as dependents of a workman, whether they are in fact dependant on the
earnings of the workman or not.
(ii) In the second category of dependents are included a son and a daughter; they have to
fulfil the following conditions, namely:
(a) They must be wholly dependant on the earnings of the workman at the time
of his death;

(b) They must be infirm; and
(c) They must have attained the age of 18 years.
(iii) The following are included in the third category of dependents, provided they are
wholly or in part dependant on the earnings of the workman at the time of his death:
(a) a widower,
(b) a parent other than a widowed mother,
(c) (i) a minor illegitimate son,
(ii) an unmarred illegitimate daughter,

(iii) a daughter whether legitimate or illegitimate or adopted if married and
minor, or if widowed and a minor
(d) a minor brother or an unmarried sister or a widowed sister if a minor,

(e) a widowed daughter-in-law,
(f) a minor child of a predeceased son,

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