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The War Injuries (Compensation Insurance) Act, 1943

( ACT NO. XXIII OF 1943 )

Definitions
2. In this Act, unless there is anything repugnant in the subject or context,-
 
 
 
 
(a) “adult” and “minor” have the meanings assigned to those expressions in the Workmen's Compensation Act, 1923;
 
 
 
 
(b) “employer” 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 the latter person while the workman is working for that other person;
 
 
 
 
(c) “the Fund” means the War Injuries Compensation Insurance Fund constituted under section 11;
 
 
 
 
(d) “gainfully occupied person” and “war injury” have the meanings assigned to those expressions in the War Injuries Ordinance, 1941;
 
 
 
 
(e) “partial disablement” means, where the disablement is of a temporary nature such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time the injury was sustained, and where the disablement is of a permanent nature, such disablement as reduces his earning capacity in any employment which he was capable of undertaking at that time:
 
 
 
 
Provided that every injury specified in items 2 to 9 of the First Schedule shall be deemed to result in permanent partial disablement;
 
 
 
 
(f) “prescribed” means prescribed by rules made under section 20;
 
 
 
 
1[(ff) “termination of hostilities” means the date declared under clause (3) of section 2 of the War Injuries Ordinance, 1941, to be the date of termination of hostilities;]
 
 
 
 
(g) “total disablement” means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time the injury was sustained:
 
 
 
 
Provided that permanent total disablement shall be deemed to result from the permanent total loss of the sight of both eyes or from an injury specified in item 1 of the First Schedule or from any combination of injuries specified in items 2 to 9 of the First Schedule where the aggregate percentage of disability as specified in that Schedule against those injuries amounts to one hundred per cent;
 
 
 
 
(h) the “Scheme” means the War Injuries Compensation Insurance Scheme referred to in sub section (1) of section 7;
 
 
 
 
(i) “wages” means wages as defined in the Workmen's Compensation Act, 1923, and “monthly wages” has the meaning assigned to that expression by section 5 of the Workmen's Compensation Act, 1923, and shall be calculated for the purposes of this Act in the manner laid down in that section;
 
 
 
 
(j) “workman” means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employers' trade or business) who is employed in any of the employments specified in section 6.

  • 1
    Clause (ff) which was inserted by the section 2 of the War Injuries (Compensation Insurance) (Amendment) Ordinance, 1945 (XLI of 1945) was substituted by section 2 of the War Injuries (Compensation Insurance) (Amendment) Ordinance, 1965 (XXXIV of 1965)
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