Workmen's Compensation Act, 1934

Supplemental provisions as to industrial diseases.

77.—(1) If the workman at or immediately before the date of such disablement or suspension as is mentioned in the foregoing section was employed in any process mentioned in the second column of the Sixth Schedule to this Act, and the disease contracted is the disease in the first column of that Schedule set opposite the description of the process, the disease, except where the certifying surgeon certifies that in his opinion the disease was not due to the nature of the employment, shall be deemed to have been due to the nature of that employment unless the employer proves the contrary.

(2) Where a workman claims to be suffering from and disabled by a disease to which the foregoing provisions of this Part of this Act apply, the employer may agree with the workman that he is liable to pay compensation without requiring the workman to obtain the certificate of the certifying surgeon mentioned in those provisions, and thereupon the workman shall be entitled to compensation as for injury by accident from the date of the agreement or from such other date as may be agreed.

(3) In such cases, and subject to such conditions as the Minister may direct, a medical practitioner appointed by the Minister for the purpose shall have the powers and duties of a certifying surgeon under the foregoing provisions of this Part of this Act, and those provisions shallbe construed accordingly.

(4) The Minister may with the consent of the Minister for Finance make rules regulating the duties and fees of certifying and other surgeons (including, dentists) under the foregoing provisions of this Part of this Act.