Malaysia legislation
Section 43
Section 43
(2)
In particular, and without prejudice to the generality of the foregoing, such Regulations may:
(a)
prescribe the limitations subject to which officers appointed to exercise powers and perform duties conferred and imposed on the Commissioner may exercise and perform such powers and duties;
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Workmen’s Compensation
(b)
prescribe the intervals at which and conditions subject to which a workman may be required to submit himself for examination by a registered medical practitioner under sections 5 and 14;
(bb) provide for the appointment, procedure and powers of any Medical Board required to be established for the purpose of certifying any disease specified in the Second
Schedule, and prescribe the intervals at which and the conditions subject to which a workman may be required to submit himself for examination by such Board under sections 5 and 14;
(c)
prescribe the manner in which money in the hands of an officer appointed by the Minister under this Act to exercise and perform all or any of the powers conferred and the duties imposed upon the Commissioner by this Act may be invested for the benefit of dependants of a deceased workman and transferred from one such officer to another under section 10;
(d)
prescribe the procedure for the review of compensation by the Commissioner or an Arbitrator when an injured workman declines treatment under subsection 14(6) or declines treatment in either an approved or a special hospital;
(e)
prescribe the intervals at which and the conditions subject to which an application for review may be made under subsections 14(6), 15(4) and section 16;
(f)
prescribe the procedure to be followed when a registered medical practitioner who has examined a workman certifies that treatment in either an approved or a special hospital is necessary under subsection 15(1) or (2) respectively and the procedure for the payment of hospital fees and the cost of artificial limbs and surgical appliances under subsection 15(3);
(g)
prescribe the procedure for receiving and disposing of money owing to deceased workman by their employers under section 25;
(gg) (Deleted by Act A361);
(h)
prescribe the procedure to be followed in investigations or inquiries under section 27;
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(i)
prescribe the form and manner in which memoranda of agreements shall be presented and recorded under section 28;
(j)
prescribe fees under section 30;
(k)
prescribe the procedure for the choosing by an Arbitrator of persons possessed of special knowledge to assist him under section 33;
(l)
regulate the transfer of matters and cases from one State to another and the transfer of money in such cases under section 34;
(m)
prescribe scales of the costs which may be allowed for proceedings under this Act before an Arbitrator under section 37;
(n)
prescribe the procedure for the transfer of money out of
Malaysia and for the receipt of money into Malaysia under section 42;
(o)
provide for the transfer of any money in the hands of the
Commissioner or for the receipt and administration by the Commissioner of any money applicable for the benefit of a person resident or about to reside in any territory in the Commonwealth or Malaysia respectively;
(p)
authorize the withholding by the Commissioner, in whole or in part, of half-monthly payments pending decision of an application for review of the same;
(q)
provide for the representation in proceedings before an
Arbitrator of parties who are subject to legal disability or are unable for other reasons to appear personally;
(r)
provide for legal aid to workmen in difficult cases;
(s)
provide for the maintenance by the Commissioners and by Arbitrators of registers and records of proceedings before them.
(3)
All Regulations made under this Act shall be laid before the
Dewan Rakyat as soon as may be after they are made, and, if a resolution is passed within the next subsequent three months after any such Regulation is so laid annulling the Regulation or any part thereof as from a specified date, such Regulation or such part
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Workmen’s Compensation thereof, as the case may be, shall thereupon be void as from such date, but without prejudice to the validity of anything previously done thereunder or to the making of a new Regulation.
Repeal