Workmen'S Compensation Act 1952 · Updated to 22 Jul 1982 · Part II · Workmen’S Compensation for Injury
13. Notice to Commissioner by employer
Feedback & supportEvery employer shall give notice in writing to the
employer
“employer” includes the Government of Malaysia and the Governments of each of the States; in respect of civilian employees engaged in Malaysia or in Singapore of any visiting force lawfully present in Malaysia or of any person in the civil employment of the Government of any Commonwealth country, whose contract of service was made in Malaysia or in Singapore, the Government of that Commonwealth country; any local authority; any person or body of persons whether statutory or incorporated or not; the legal personal representative of a deceased employer; and in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of the said club: Provided that where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;
Commissioner of the occurrence of any accident on his premises in connection with anything done for the purposes of the employer’s trade or business and which results in the death or immediate disablement total or partial of any person injured.
Commissioner
“Commissioner” means— (a) in relation to Peninsular Malaysia, the Director General of Labour and all Deputy Directors General of Labour, State Directors of Labour and Assistant State Directors of Labour appointed under the Employment Act 1955 and includes such Labour Officers appointed under the said Act as the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner by this Act; (b) *in relation to Sabah, the Director of Labour appointed under the Labour Ordinance of Sabah and includes a Deputy Director, an Assistant Director and any Labour Officer appointed under the said Ordinance whom the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner under this Act; (c) in relation to Sarawak, the Commissioner of Labour appointed under the Labour Ordinance of Sarawak and includes a Deputy Commissioner, an Assistant Commissioner and any Labour Officer appointed under the said Ordinance whom the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner under this Act;
Such notice shall be given within ten days of the occurrence of the accident.
For the purpose of this section an employer’s premises shall be deemed to include any premises under his control or management whether exclusive or not and the approaches thereto and any other land in fact occupied in connection therewith, whether such approaches or other land form part of a public road or are otherwise open to the public or not, and any place where the person injured was required to work by his employer or his employer’s foreman or other agent; and an accident to or in connection with any vehicle belonging to the employer or driven by a person employed by him shall be deemed to have occurred on the employer’s premises.
A notice under this section may contain a denial of liability to pay compensation and shall not be construed as an admission unless liability be admitted by clear and express words.
Any employer failing or omitting to give notice as required by this section shall be guilty of an offence and shall be liable,
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Workmen’s Compensation on conviction, to a fine not exceeding five thousand ringgit for a first offence, and a fine not exceeding ten thousand ringgit for any subsequent offence:
Provided that no court shall take cognizance of an offence under this section except on the complaint of the Commissioner.
For the purposes of this section “employer” shall include the person, if any, referred to in section 19 as “the principal”.