288 Workmen's Compensation Act, 1906. [august, 



(c) Any member of a police force for whom provision is 

 made in other Acts.! 



(d) Any " outworker " i.e., a person to whom articles or 

 materials are given out to be made up, cleaned, washed, 

 altered, ornamented, finished or repaired, or adapted for sale, 

 in his own home or on other premises not under the control or 

 management of the person who gave out the materials or articles. 



(e) A member of the employer's family dwelling in his 

 house. 



The Person liable to fay Compensation. — In the case of 

 injuries by accident, the person liable to pay compensation 

 is the employer, and he continues liable when he temporarily 

 lends or lets on hire the workman's services to another 

 person. 



Special provision is made in section 4 with regard to sub- 

 contracting. Roughly, the effect of the section may be said 

 to be that where the workman is engaged on work which 

 has been sub-let to his employer by another person, called 

 in the Act " the principal," the workman is given the option 

 of claiming compensation either from his own employer or 

 from the principal. An example may be taken from the 

 building trades, where the section is of special importance. 

 If a builder who has undertaken in the course of his business 

 to build and decorate a house, sub-lets the decoration to 

 another firm, a workman employed by the latter firm would, 

 if injured by accident while employed on, in, or about the 

 building, be entitled' to claim compensation either from his 

 own employer, i.e., the decorators, or from the principal, i.e., 

 the builder by whom the work of decoration was " sub-let. 

 In such a case, however, the principal, if called on to pay 

 compensation to the workman, is entitled to recover the sum 

 paid from the workman's own employer, the contractor. 



An exception to the above rule is made in the case of certain 

 contracts for agricultural work. Where a person contracts 

 with a farmer to do threshing, ploughing or other agricultural 

 work, and, in order to execute the work, provides and uses 

 machinery driven by mechanical power, he alone will be 

 liable to compensate the workmen whom he employs. No 

 claim can be made against the farmer by the contractor's 

 workmen. 



