Workmen'S Compensation Act 1952 · Updated to 22 Jul 1982 · Part III · The Commissioner and Arbitrators
34. Enquiry by Arbitrator
Feedback & supportWhere any matter is under this Act required to be done by or before an Arbitrator, the same shall, subject to the provisions of this Act and to any Regulations made there under, be done by or before the Arbitrator for the area in which the accident which resulted in the injury occurred:
Arbitrator
“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;
Provided that, where the workman is a seaman, any such matter may be done by or before the Arbitrator for the area in which the owner or agent of the ship resides or carries on business.
workman
“workman”, subject to the proviso to this subsection, means any person who has, either before or after the commencement of this Act, entered into or works under a contract of service or of apprenticeship with an employer, whether by way of manual labour or otherwise, whether the contract is expressed or implied or is oral or in writing, whether the remuneration is calculated by time or by work done and whether by the day, week, month or any longer period: Provided that the following persons are excepted from the definition of “workman”— (a) any person employed otherwise than by way of manual labour whose earnings, calculated in accordance with section 9, exceed five hundred ringgit a month; (b) 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; (c) a domestic servant; (d) any person who is a member of the armed forces or of any visiting force lawfully present in Malaysia; (e) 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; (f) 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); (g) 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; (h) an out-worker; (i) a tributer; (j) 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.…
If an officer vested with all the powers conferred and the duties imposed upon the Commissioner by this Act is satisfied by any party to any proceedings before him under this Act that such matter can be more conveniently dealt with by any other such
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;
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officer, whether in the same State or not, he may, subject to
Regulations made under this Act, order such matter to be transferred to such other officer either for report or for disposal, and, if he does so, shall forthwith transmit to such other officer all documents relevant to the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the prescribed manner any money or securities remaining in his hands or held by him for the benefit of any party to the proceedings.
Such other officer to whom any matter is so transferred shall, subject to Regulations made under this Act, inquire thereinto and, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him.
On receipt of a report from the officer to whom any matter has been transferred for report under subsection (2) the officer by whom it was referred shall decide the matter referred to in conformity with such report.