Section 2

any person employed otherwise than by way of manual labour whose earnings, calculated in accordance with section 9, exceed five hundred ringgit a month;

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a person whose employment is of casual nature and who is employed otherwise than for the purposes of the employer’s trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club;

a domestic servant;

any person who is a member of the armed forces or of any visiting force lawfully present in Malaysia;

any person in the civil employment of Her Britannic

Majesty’s Government in the United Kingdom, or in any other country of the Commonwealth whose contract of service was not made in Malaysia nor in Singapore;

a person employed, or selected for employment, in a civil capacity by the Government of Malaysia or by the

Government of any State or by any local authority before 1 April 1953 in the application of this Act in Peninsular

Malaysia, and before 1 January 1957 in the application of this Act in Sarawak where, in consequence of injury received by any such person in the discharge of his duties, a pension, gratuity or other allowance which would not be payable if such injury were received otherwise is paid to him or, in the case of his death, to any of his dependants as defined in this Act under any written law for the time being in force in Malaysia or any part thereof providing for the grant of such pension, gratuity or other allowance

(this paragraph shall not apply in Sabah);

any police officer, and any other person engaged to perform police duties in accordance with the provisions of any written law while so performing such duties;

an out-worker;

a tributer;

any member of the family of the employer who dwells with him in his house;

*(k) any class of persons whom the Minister may declare not to be workmen for the purposes of this Act.

*NOTE—see P.U. (B) 641/1976

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Workmen’s Compensation

If in any proceedings for the recovery of compensation under this Act it appears to the Commissioner or an Arbitrator or the Court that the contract of service or apprenticeship under which the injured person was working at the time when the accident causing the injury happened was illegal, the Commissioner, the

Arbitrator or the Court may, if having regard to all the circumstances of the case he or it thinks proper so to do, deal with the matter as if the injured person had at such time been a person working under a valid contract of service or apprenticeship.

Any reference to a workman who has been injured shall, unless the context otherwise requires, where the workman is dead, include a reference to his legal personal representative or to his dependants or any of them or to any public officer whom the

Minister may appoint to act on behalf of the dependants of the workman.

Interpretation