Section 3

in relation to Peninsular Malaysia, in reference to any child, a child adopted in accordance with the provisions of the Adoption Act 1952 [Act 257];

*in relation to Sabah, in reference to any child, a child adopted or whose adoption has been registered in accordance with the provisions of any written law relating to the adoption of children from time to time in force in

Sabah or where there is no written law then a child whom the Commissioner certifies as having been adopted, prior to the date of injury, in accordance with religious or racial custom;

in relation to Sarawak, in reference to any child, a child adopted in accordance with the provisions of any written law relating to the adoption of children from time to time in force in Sarawak;

“adult” means a person who has completed his sixteenth year of age and “minor” means a person who has not completed his sixteenth year of age;

*NOTE—For modification to Federal Territory of Labuan–see P.U. (A) 273/1984.

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“approved hospital” means a hospital declared to be such under subsection 15(1);

“Arbitrator” means a person appointed by the Minister to be an arbitrator for workmen’s compensation for such area as may be specified in that appointment;

“Commissioner” means—

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[Act 265] 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;

*in relation to Sabah, the Director of Labour appointed under the Labour Ordinance of Sabah [Sabah Cap. 67]

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;

in relation to Sarawak, the Commissioner of Labour appointed under the Labour Ordinance of Sarawak [Swk

Cap. 76] 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;

“dependant” means any member of the family of a deceased workman who wholly or in part depended upon his earnings at the time of his death or would but for the disablement due to the accident have been so dependent:

Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependant partially on contributions from that other person for the provision of the ordinary necessities of life;

*NOTE—For modification to Federal Territory of Labuan–see P.U. (A) 273/1984.

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Workmen’s Compensation

“domestic servant” means a person employed exclusively in the work or in connection with work of a private dwelling house and not of any trade, business or profession carried on by the employer in such dwelling house and includes a cook, house servant (including bedroom and kitchen servants), waiter, butler, child’s or baby’s nurse, valet, footman, gardener, washerman or washerwoman, watchman, groom and driver or cleaner of any vehicle licensed for private use;

“earnings” of a workman shall be deemed to include, in addition to his actual money earnings, any privilege or benefit the value of which is capable of being estimated in money, except—

a travelling allowance;

the value of any travelling concession;

a contribution paid by the employer towards any pension or provident fund;

a sum paid to the workman to cover any special expenses incurred by him by reason of the nature of his employment:

Provided that in the case of temporary disablement such privileges and benefits as the injured workman or any of his dependants continue to enjoy during the period of his said disablement to work shall not be deemed to be benefits for the purpose of calculating earnings;

“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

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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;

“insurer” includes any insurance society, association, company or underwriter;

“member of the family” means wife, husband, parent, grandparent, stepfather, stepmother, child, grandchild, stepchild, brother, sister, half-brother, half-sister, stepbrother and stepsister:

Provided that—

the child of a deceased workman shall be deemed to include the illegitimate child of such workman and his adopted child and any child whose adoption by him has been registered under the Registration of Adoptions Act 1952 [Act 253], and any child under the care, custody or control of such workman pursuant to Part III of the*Children and Young Persons Act 1947 [Act 232]; and

the parent of a deceased workman shall be deemed to include the father and the mother of an illegitimate child and the person who has adopted any child or has registered the adoption of any child under the Registration of

Adoptions Act 1952, and the person who has the care, custody or control of a child pursuant to Part III of the

Children and Young Persons Act 1947;

“out-worker” means 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;

“partial disablement” means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in his disablement and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was able to undertake at the time of the accident:

*NOTE—The Children and Young Persons Act 1947 [Act 232] was repealed by the Child Protection Act 1999 [Act 468]—see subsection 50(2) of Act 468 and the Act 468 has since been repealed by the Child Act 2001 [Act 611]–see section 130.

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Workmen’s Compensation

Provided that every injury specified in Part II of the First Schedule shall be deemed to result in permanent partial disablement;

“registered medical practitioner” means a medical practitioner registered or exempted from registration under any written law relating to the registration of medical practitioners from time to time in force in Malaysia or any part thereof;

“registered ship” means any ship or vessel registered or licensed in Malaysia under any law relating to the registration or licensing of ships or vessels from time to time in force in Malaysia or any part thereof;

“seaman” means any person forming part of the crew of any registered ship and includes the master of any such ship;

“special hospital” means a hospital declared to be such under subsection 15(2);

“total disablement” means such disablement whether of a temporary or permanent nature as disables a workman for all work which he was capable of undertaking at the time of the accident resulting in such disablement:

Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of the First Schedule, or from any combination of injuries resulting from a single accident and specified in Part II of the First Schedule where the aggregate of the losses of earning capacity specified in the said Schedule against these injuries amounts to or exceeds one hundred per centum;

“tributer” means a person who is permitted to win minerals or produce of any kind from or on the land of another and who, in consideration of such permission, gives a proportion of the minerals or produce so won to that other person or pays to him the value of such proportion;

*“West Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory.

*NOTE—All references to “West Malaysia” shall be construed as references to “Peninsular Malaysia”–see

Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).

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The exercise and performance of the powers and duties of a department of the Government of Malaysia or of any State or of any other Government or of a local authority shall, for the purposes of this Act, be deemed to be the trade or business of such

Government or local authority, as the case may be.

Power to exempt