Employee's Compensation Act, 1923 · Chapter IV: Rules
Section 36: Rules made by Central Government to be laid before Parliament
The Employee's Compensation Act, 1923 was repealed and replaced by the Code on Social Security, 2020 from 21 November 2025. It still applies to matters and proceedings from before that date, as the repealing law provides.
Every rule made under this Act by the Central Government shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in [two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
[SCHEDULE I [See sections 2(1) and (4)] [PART I LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT] Serial No. Description of injury Percentage of loss of earning capacity 1. Loss of both hands or amputation at higher sites…………………………….
2. Loss of a hand and a foot…………………………………………………….
3. Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot…………………………………………..
4. Loss of sight to such an extent as to render the claimant unable to perform any work for which eye sight is essential…………………………………...
5. Very severe facial disfigurement……………………………………………
6. Absolute deafness…………………………………………………………
[PART II LIST OF INJURIES DEEMED TO-RESULT IN PERMANENT PARTIAL DISABLEMENT] Amputation cases—upper limbs (either arm) [1] Amputation through shoulder joint………………………………………………………
[2] Amputation below shoulder with stump less than [20.32 cms.] from tip of acromion ….
[3] Amputation from [20.32 cms] from tip of acromion to less than [11.43cms.] below tip of olecranon…….
[4] Loss of a hand or of the thumb and four fingers of one hand or amputation from [11.43] below tip of olecranon…………………………………………………….
[5] Loss of thumb……………………………………………
[6] Loss of thumb and its metacarpal bone……………………………………………
[7] Loss of four fingers of one hand………………………………………………
[8] Loss of three fingers of one hand………………………………………………
[9] Loss of two fingers of one hand……………………………………………………
[10] Loss of terminal phalanx of thumb………………………………………………
[10A Guillotine Amputation of tip of thumb without loss of bone……… 10]
Serial No. Description of injury Percentage of loss of earning capacity Amputation cases—lower limbs [11] Amputation of both feet resulting in end-bearing tumps…………………
[12] Amputation through both feet proximal to the metatarso-phalangeal joint…
[13] Loss of all toes of both feet through the metatarso-phalangeal joint………
[14] Loss of all toes of both feet proximal to the proximal interphalangeal joint………
[15] Loss of all toes of both feet distal to the proximal interphalangeal joint…………
[16] Amputation at hip………………………………………………………
[17] Amputation below hip with stump not exceeding [12.70 cms.] in length measured from tip of great trenchanter……………………………………
[18] Amputation below hip with stump exceeding [12.70 cms.] in length measured from tip of great trenchanter but not beyond middle thigh………………………
[19] Amputation below hip middle thigh to [8.89cms.] blownee……………
[20] Amputation below knee with stump exceeding [8.89] but not exceeding 5”……….. [50]1 [21] Amputation below knee with stump exceeding [12.70 cms.]…………… [50]1 [22] Amputation of one foot resulting in end-bearing………………………… [50]1 [23] Amputation through one foot proximal to the metatarso-phalangeal joint……………..
[24] Loss of all toes of one foot through the metatarso-phalangeal joint…………………
Other injuries [25] Loss of one eye, without complication, the other being normal…………………
[26] Loss of vision of one eye, without complications or disfigurement of eye-ball, the other being normal……………………………………………
[26A] Loss of partial vision of one eye………………………………………
Serial No. Description of injury Percentage of loss of earning capacity Loss of— A.—Fingers of right or left hand Index finger [27] Whole
[28] Two phalanges
[29] One phalanx
[30] Guillotine amputation of tip without loss of bone
Middle Finger [31] Whole
[32] Two phalanges
[33] One phalanx
[34] Guillotine amputation of tip without loss of bone
Ring or little finger [35] Whole
[36] Two phalanges
[37] One phalanx
[38] Guillotine amputation of tip without loss of bone
B.—Toes of right or left foot Great toe [39] Through metatarso-phalangcal joint
[40] Part, with some loss of bone
Any other toe [41] Through metatarso-phalangcal joint
[42] Part, with some loss of bone
Two toes of one foot, excluding great toe [43] Through metatarso-phalangcal joint
[44] Part, with some loss of bone
Three toes of one foot, excluding great toe [45] Through metatarso-phalangcal joint
[46] Part, with some loss of bone
Serial No. Description of injury Percentage of loss of earning capacity Four toes of one foot, excluding great toe [47] Through metatarso-phalangcal joint
[48] Part, with some loss of bone 3.] [NOTE.—Complete and permament loss of the use of any limb or member referred to in this Schedule shall be deemed to be the equivalent of the loss of that limb or member.] 1. Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48 respectively by Act 64 of 1962, s. 9 (w.e.f.1-2-1963).
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 36
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