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Statement of Objects and Reasons.-Under the common law of England, in civil suits for damages for injuries sustained by workmen it is open to the employer to plead-

(1) the doctrine of common employment, by which the employer is not normally liable to pay damages to a workman for an injury resulting from the default of another workman;

(2) the doctrine of assumed risk, by which an employee is presumed to have accepted a risk if it is such that he ought to have known it to be part of the risks of his occupation.

The Royal Commission on Labour regarded both these doctrines as inequitable and recommended by a majority that a measure should be enacted abrogating these defences. Provincial Governments were consulted in 1932 and were almost unanimously in favour of legislation for the purpose. In the mean time judicial decisions in British India while generally agreeing as to the inequitability of the doctrines have been such as to leave it open to employers in most provinces to have recourse to them.

The Bill seeks to abolish these defences in the case of all workmen.

[24th September, 1938]

An Act to declare that certain defences shall not be raised in suits for damages [* * *] [ The words " in the Provinces " omitted by A.O. 1950.] in respect of injuries sustained by workmen.

Whereas it is expedient to declare that certain defences shall not be raised in suits for damages [* * *] [ The words " in the Provinces " omitted by A.O. 1950.] in respect of injuries sustained by workmen;

It is hereby enacted as follows:-

The Act has been extended to the new Provinces and merged States by the Merged States (Laws) Act 59 of 1949, Section 3 (w.e.f. 1.1.1950) and to the State of Manipur and Tripura and Vindhya Pradesh by the Union Territories (Laws) Act 30 of 1950, Section 3. Manipur and Tripura are full-fledged States now, see Act 81 of 1971. Vindhya Pradesh is a part of the State of Madhya Pradesh now, see Act 37 of 1956, Section 9(1)(e).

The Act has been extended to Sikkim w.e.f. 31.12.1984, see S.O. 529(E)/83 and S.O. 982(E)/84.