Section 74: Employer?s liability for compensation.

Q: What does Section 74 of The Code on Social Security, 2020 (TCSS) deal with?

Section 74 TCSS pertains to "Employer?s liability for compensation.". It is part of the The Code on Social Security, 2020, a legislation enacted by the Parliament of India. Section 74 of The Code on Social Security, 2020 (TCSS) governs employer?s liability for compensation. As verified on 22 May 2026.

Q: Is Section 74 TCSS still in force?

Yes, Section 74 of the The Code on Social Security, 2020 is currently in force across the Republic of India.

Q: What is धारा 74 TCSS?

धारा 74 TCSS is the Devanagari Hindi reference for Section 74 of the The Code on Social Security, 2020. Section 74 of The Code on Social Security, 2020 (TCSS) governs employer?s liability for compensation. As verified on 22 May 2026.

Q: What is Dhara 74 TCSS?

Dhara 74 TCSS is the Roman Hindi reference for Section 74 of the The Code on Social Security, 2020. "Dhara" means "Section" in Hindi. Section 74 of The Code on Social Security, 2020 (TCSS) governs employer?s liability for compensation. As verified on 22 May 2026.

Q: How to cite Section 74 of The Code on Social Security, 2020?

Cite as: "Section 74, The Code on Social Security, 2020 (TCSS)" in legal briefs. For academic writing, use the BlueBook format: The Code on Social Security, 2020, 2020, § 74 (India).

Law on Tips Editorial Board

(1) If personal injury is caused to an employee by accident or an occupational disease listed in the Third Schedule arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter:

Provided that the employer shall not be so liable—

(2) An accident or an occupational disease referred to in sub-section (1) shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident or at the time of contracting the occupational disease, referred to in that sub-section, acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if—

(3) If an employee employed in any employment specified in the Second Schedule contracts any disease specified in the Third Schedule, being an occupational disease peculiar to that employment whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months, then, such disease shall be deemed to be an injury by accident within the meaning of this section and unless the contrary is proved, the accident shall be deemed to have arisen out of and in the course of the employment.

(4) An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and his employment is established.

(5) The Central Government or the State Government, after giving, by notification, not less than three months' notice of its intention so to do, may, by a like notification, modify or add any description of employment to the employments specified in the Second Schedule, and occupational diseases specified in the Third Schedule and shall specify in the case of employments so modified or 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 sub-section (2) shall apply, in the case of a notification by the Central Government, within the territories to which this Code extends or, in case of a notification by the State Government, within that State as if such diseases had been declared by this Code to be occupational diseases peculiar to those employments.

(6) Save as provided by sub-sections (2), (3) and (4), no compensation shall be payable to an employee in respect of any accident or disease unless the accident or disease is directly attributable to a specific injury by accident or disease arising out of and in the course of his employment.

(7) Nothing herein contained shall be deemed to confer any right to compensation on an employee in respect of any accident or disease if he has instituted in a civil court a suit for damages in respect of the accident or disease against the employer or any other person; and no suit for damages shall be maintainable by an employee in any Court of law in respect of such accident or disease—