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Section 52A Employees’ State Insurance Act 1948: Occupational Disease

Section 52A (Occupational disease) under the Chapter V (Benefits) of the Employees’ State Insurance Act 1948

❝(1) If an employee employed in any employment specified in Part A of the Third Schedule contracts any disease specified therein as an occupational disease peculiar to that employment, or if an employee employed in the employment specified in Part B of that Schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in Part C of that Schedule for such continuous period as the Corporation may specify in respect of each such employment, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an “employment injury” arising out of and in the course of employment.

(2) (i) Where the Central Government or a State Government, as the case may be, adds any description of employment to the employments specified in Schedule III to the Workmen’s Compensation Act, 1923 (8 of 1923), by virtue of the powers vested in it under sub-section (3) of section 3 of the said Act, the said description of employment and the occupational diseases specified under that sub-section as peculiar to that description of employment shall be deemed to form part of the Third Schedule.

(ii) Without prejudice to the provisions of clause (i), the Corporation after giving, by notification in the Official Gazette, not less than three months’ notice of its intention so to do, may, by a like notification, add any description of employment to the employments specified in the Third Schedule and shall specify in the case of employments so added the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively and thereupon the provisions of this Act shall apply, as if such diseases had been declared by this Act to be occupational diseases peculiar to those employments.

(3) Save as provided by sub-sections (1) and (2), no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment.

(4) The provisions of section 51A shall not apply to the cases to which this section applies.❞




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Notes:

The Employees’ State Insurance Act, 1948 was amended by the:
- the A.O. 1950;
- the A.O. (No. 3) 1956;
- the A.O. (No. 4) 1957;
- the Employees' State Insurance (Amendment) Act, 1951 (Act No. 53 of 1951);
- the Employees' State Insurance (Amendment) Act, 1966 (Act No. 44 of 1966);
- the Employees' State Insurance (Amendment) Act, 1975 (Act No. 38 of 1975);
- the Employees' State Insurance (Amendment) Act, 1984 (Act No. 45 of 1984);
- the Employees' State Insurance (Amendment) Act, 1989 (Act No. 29 of 1989);
- the Employees' State Insurance (Amendment) Act, 2010 (Act No. 18 of 2010).

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