(1) 2[No claim for compensation shall be entertained by a Commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within 3[two years] of the occurrence of the accident or, in case of death, within 3[two years] from the date of death:]

Provided that, where the accident is the contracting of a disease in respect of which the provisions of sub-section (2) of section 3 are applicable, the accident shall be deemed to have occurred on the first of the days during which the 1[employee] was continuously absent from work in consequence of the disablement caused by the disease:

4[Provided further that in case of partial disablement due to the contracting of any such disease and which does not force the 1[employee] to absent himself from work, the period of two years shall be counted from the day the 1[employee] gives notice of the disablement to his employer:

Provided further that if a 1[employee] who, having been employed in an employment for a continuous period, specified under sub-section (2) of section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected:]

5[Provided further that the want of or any defect or irregularity in a notice shall not be a bar to the 6[entertainment of a claim]--

(a) if the claim is 7[preferred] in respect of the death of a 1[employee] resulting from an accident which occurred on the premises of the employer, or at any place where the 1[employee] at the time of the accident was working under the control of- the employer or of any person employed by him, and the 1[employee] died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or

(b) if the employer 8[or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured 1[employee] was employed] had knowledge of the accident from any other source at or about the time when it occurred:

Provided further, that the Commissioner may 9[entertain] and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been 10[preferred], in due time as provided in this sub-section, if he is satisfied that the failure so to give the notice of 11[prefer] the claim, as the case may be, was due to sufficient cause.

(2) Every such notice shall give the name and address of the persons injured and shall state in ordinary language the cause for the injury and the date on which the accident happened, and shall be served on the employer or upon 12[any one of] several employers, or upon any person 13*** responsible to the employer for the management of any branch of the trade or business in which the injured 14[employee] was employed.

15[(3) The State Government may require that any prescribed class of employers shall maintain at their premises at which 16[employees] are employed a notice-book, in the prescribed form, which shall be readily accessible at all reasonable times to any injured 14[employee] employed on the premises and to any person acting bona fide on his behalf.

(4) A notice under this section may be served by delivering it at, or sending it by registered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or, where a notice-book is maintained, by entry in the notice-book.]

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Footnote -

1. Subs. by Act 45 of 2009, s. 5, for "workman" (w.e.f. 18-1-2010).

2. Subs. by Act 9 of 1938, s. 5, for the original words.

3. Subs. by Act 8 of 1959, s. 8, for "one year" (w.e.f. 1-6-1959).

4. Ins. by Act 64 of 1962, s. 5 (w.e.f. 1-2-1963).

5. Ins. by Act 15 of 1933, s. 7.

6. Subs. by Act 9 of 1938, s. 5, for "maintenance of proceedings".

7. Subs. by s. 5, ibid.

8. Ins. by s. 5, ibid.

9. Subs. by Act 9 of 1938, s. 5, for "admit".

10. Subs. by s. 5, ibid., for "instituted".

11. Subs. by s. 5, ibid., for "institute".

12. Subs. by Act 7 of 1924, s. 2 and the First Schedule, for "any one or".

13. The word "directly" omitted by Act 9 of 1938, s. 5.

14. Subs. by Act 45 of 2009, s. 5, for "workman" (w.e.f. 18-1-2010).

15. Subs. by Act 15 of 1933, s. 7, for sub-section (3).

16. Subs. by Act 45 of 2009, s. 5, for "workmen" (w.e.f. 18-1-2010).