Section 10

Any other money which is payable as compensation may, and where the person to whom it is payable so requests shall, be deposited with the Commissioner.

23

Workmen’s Compensation

The receipt of the Commissioner shall be a sufficient discharge for any compensation deposited with him.

On the deposit of any money under subsection (1) as compensation in respect of an accident resulting in the death of a workman, the Commissioner may deduct there from the actual amount of the expenses of the funeral of the workman or one thousand ringgit, whichever is the less, and may pay the same to the person by whom such expenses were incurred.

The Commissioner shall make such inquiry under section 27 as he may deem necessary to determine the number of dependants of a deceased workman and the extent to which they were dependent upon him, and may in respect of any dependant or alleged dependant not being within Malaysia accept as evidence the certificate of a competent authority holding an equivalent position appointed under any law relating to workmen’s compensation in force in the country or territory in which such dependant or alleged dependant resides:

Provided that nothing herein contained shall prevent the

Commissioner from taking into consideration any other evidence as to the existence of dependants and the extent of dependence.

Compensation deposited in respect of an accident resulting in the death of a workman shall, subject to any deduction made under subsection (4), be apportioned among the dependants of the deceased workman or any of them in such proportion as the

Commissioner thinks fit, or may, in the discretion of the

Commissioner, be allotted to any one dependant.

Commissioner at the request of the person to whom it is payable, such sum may be invested, applied or otherwise dealt with for the benefit of the woman or of such minor or of such other person during his disability or of the person at whose request the said sum was so deposited, as the case may be, in such manner as the

Commissioner may direct.

If the Commissioner is satisfied after such inquiry as he may deem necessary that no dependant of a deceased workman exists or can be traced and the circumstances are such that there is no reasonable likelihood that any dependant can be traced he shall repay the balance of the money deposited with him under subsection (1) to the person by whom it was deposited.

The Commissioner shall, on application by the employer, furnish a statement showing in detail all disbursements made.

Where after inquiry made of his own motion or on application made to him the Commissioner is satisfied that, because of neglect of children on the part of a parent, or of the death or a change in the circumstances of any dependant, or for any other sufficient cause, an order of the Commissioner as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the Commissioner may make such orders for the variation of that order as he thinks just in the circumstances of the case:

Provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause why the order should not be made, or shall in any case involve the repayment by a dependant of any sum already paid to him.

Any party aggrieved by any order or decision of the

Commissioner under this section may, at any time within fourteen days of the communication to him of such order or decision, apply to the Arbitrator to vary such order or decision.

Compensation not to be assigned, attached or charged