Section 83: Special provisions relating to accidents occurring outside Indian territory

Finin2min analysis — what the section actually does

Full statutory text — Section 83

83. Special provisions relating to accidents occurring outside Indian territory.—(1) The provisions
of this section shall, subject to the modifications specified in this section, apply in case of employees who
are—
        (a) masters of ships or seamen; or
        (b) captain and other members of crew of aircraft;
        (c) persons recruited by companies registered in India and working as such abroad;
        (d) persons sent for work abroad along with motor vehicles registered under the Motor Vehicles
    Act, 1988 (59 of 1988) as drivers, helpers, mechanics, cleaners or other employees.
    (2) The notice of the accident and the claim for compensation by a person injured may be served on the
following persons, as if they were the employer—
       (a) in case of accident where the person injured is a seamen, but not the master of the ship, on the
    master of the ship;
        (b) in case of accident where the person injured is a member of crew of an aircraft, but not the
    captain of the aircraft, on the captain of the aircraft;
         (c) in case of persons recruited by companies registered in India and working as such abroad, on
    the local agent of the company;
        (d) in case of persons sent for work abroad along with motor vehicles as drivers, helpers, mechanics,
    cleaners or other employees, on the local agent of the owner of the motor vehicle, in the country of the
    accident:
        Provided that where the accident happened and the disablement commenced on board, the ship or
    aircraft, as the case may be, then, it shall not be necessary for any seaman or members of the crew of
    aircraft to give any notice of the accident.
    (3) The claim of compensation shall be made—
        (a) in the case of the death of an employee referred to in sub-section (1), one year after the news of
    the death has been received by the claimant;
         (b) in the case where the ship or the aircraft as the case may be, has been or is deemed to have been
    lost with all hands, eighteen months of the date on which the ship or the aircraft was, or is deemed to
    have been, so lost:
         Provided that the competent authority may entertain any claim to compensation in any case
    notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he
    is satisfied that the failure so to prefer the claim was due to sufficient cause.
    (4) Where an injured employee referred to in sub-section (1) is discharged or left behind in any part of
India or in any foreign country, then, any depositions taken by any Judge or Magistrate in that part or by
any Consular Officer in the foreign country and transmitted by the person by whom they are taken to the
Central Government or any State Government shall, in any proceedings for enforcing the claim, be
admissible in evidence—
        (a) if the deposition is authenticated by the signature of the Judge, Magistrate or Consular Officer
    before whom it is made;

       (b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his
    agent to cross-examine the witness; and
       (c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition
    was made in the presence of the person accused,
and it shall not be necessary in any case to prove the signature or official character of the person appearing
to have signed any such deposition and a certificate by such person that the defendant or the person accused
had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding
was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence
that he had that opportunity and that it was so made.
    (5) No half-monthly payment shall be payable in respect of the period during which the owner of the
ship is, under any law for the time being in force relating to merchant shipping, liable to defray the expenses
of maintenance of the injured master or seaman.
    (6) Failure to give a notice or make a claim or commence proceedings within the time required by this
section shall not be a bar to the maintenance of proceedings under this Chapter in respect of any personal
injury, if such proceedings under this Chapter are commenced within one month from the date on which
the certificate of the State to that effect Government was furnished to the person commencing the
proceedings.

How to apply this provision

1. Primary statutory test — (2) The notice of the accident and the claim for compensation by a person injured may be served on the following persons, as if they were the employer— (a) in case of accident where the person injured is a seamen, but not the master of the ship, on the master of the ship;
2. Additional operative limb — Provided that where the accident happened and the disablement commenced on board, the ship or aircraft, as the case may be, then, it shall not be necessary for any seaman or members of the crew of aircraft to give any notice of the accident.
3. Qualification / exception to test — Provided that where the accident happened and the disablement commenced on board, the ship or aircraft, as the case may be, then, it shall not be necessary for any seaman or members of the crew of aircraft to give any notice of the accident.
4. Numerical or timing control — (3) The claim of compensation shall be made— (a) in the case of the death of an employee referred to in sub-section (1), one year after the news of the death has been received by the claimant;
5. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Central Government, State Government, Authority / officer.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 83

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