Workmen'S Compensation Act 1952 · Updated to 22 Jul 1982 · Part III · The Commissioner and Arbitrators
35. Powers of the Commissioner and of an Arbitrator
Feedback & supportFor the purposes of this Act the Commissioner and an
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;
Arbitrator shall have all the powers of a Sessions Court Judge for the summoning and examination of witnesses and the administration of oaths or affirmations and for compelling the production of documents and material objects and the Commissioner and an
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;
Arbitrator shall be deemed to be a civil court for all the purposes of section 129 and of Chapter XXXIV of the Criminal Procedure
Code [Act 593].
An Arbitrator may in respect of any dependant or alleged dependant not being within Malaysia, accept as evidence the certificate of a competent authority holding an equivalent position to that of a Commissioner, appointed under any law relating to workmen’s compensation in force in the country or territory in which such dependant or alleged dependant resides:
dependant
“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.…
Provided that nothing herein contained shall prevent the Arbitrator from taking into consideration any other evidence as to the existence of dependants and the extent of dependence.
The Commissioner or an Arbitrator shall make a brief memorandum of the substance of the evidence of every witness
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Workmen’s Compensation as the examination of the witness proceeds, and such memorandums shall be signed by the Commissioner or the Arbitrator with his own hand and shall form part of the record:
Provided that the evidence of any medical witness shall be taken down as nearly as may be word for word.
Any person who in any way wilfully obstructs the service of or obedience to any summons and any person summoned who neglects to attend and to produce documents as required in such summons and any person who commits in respect of such enquiry any offence described in Chapter X of the Penal Code [Act 574]
shall be guilty of an offence and shall be liable, on conviction, as provided in Chapter X of the Penal Code.
Every person who gives evidence before the Commissioner or an Arbitrator shall be bound to answer truthfully all questions put to him by the Commissioner or the Arbitrator and any person who wilfully makes any false statement or who gives any evidence in any enquiry under this Act which he knows to be untrue, or who does any other act, which if done in a judicial proceeding would be punishable under Chapter XI of the Penal Code, shall be guilty of an offence and shall be liable, on conviction, as provided in that
Chapter.
Every Arbitrator shall be deemed to be a public servant within the meaning of the Penal Code.