1 -1. Short title.

This Act may be cited as the Workmen's Compensation Act 1952 .

2 PART I INTERPRETATION AND APPLICATION-2. Meaning of "workman".

(1) In this Act, unless the context otherwise requires, the expression "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, n

3 PART I INTERPRETATION AND APPLICATION-3. Interpretation.

(1) In this Act unless the context otherwise requires-

  "adopted"   means-

(a) in relation to West Malaysia, in reference to any child, a child adopted in accordance with the provisions of the Adoption Act 1952;

(b) in relation to Sabah and the Federal Territory of Labuan, 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;

(c) 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;

3A PART I INTERPRETATION AND APPLICATION-3A. Power to exempt.

The Minister may by order exempt, subject to such conditions as he may be deem fit to impose, any person or class of persons from all or any of the provisions of this Act.

[Ins. Act A947]

4 PART II WORKMEN'S COMPENSATION FOR INJURY-4. Employer's liability for compensation.

(1) (a) If in any employment personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, save as hereinafter provided, be liable to pay compensation and any expenses incurred in the treatment and rehabilitation of such workmen under section 15 in accordance with the provisions of this Act.

(b) An accident happening to a workman while he is, with the express or implied permission of his employer, travelling as a passenger by any vehicle, ship, vessel or aircraft to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by such means, be deemed to arise out of and in the course of his employment, if the accident would have been deemed so to have arisen had he been under such an obligation, and if at the time of the accident, the vehicle, ship, vessel or aircraft is being operated by or on behalf of his e

5 PART II WORKMEN'S COMPENSATION FOR INJURY-5. Compensation for occupational diseases.

(1) If a workman who is employed in any occupation described in the Second Schedule contracts a disease or injury shown in the said Schedule to be related to that occupation, or if a workman who has been employed in such occupation contracts such a disease or injury within twelve months after ceasing to be so employed, and if disablement or the death of such workman results from that disease, compensation shall be payable as if the disease were a personal injury by accident arising out of and in the course of that employment, and all the other provisions of this Act shall apply accordingly, subject to the provisions of this section:

Provided that where the workman has developed any of the diseases mentioned in the said Schedule, that disease shall, unless the contrary is proved, be presumed to be due to the nature of the occupation if the workman has been employed in any of the specified occupations within thirty days of the date on which a reg

6 PART II WORKMEN'S COMPENSATION FOR INJURY-6. Compensation limited to injuries received at work.

Save as provided in sections 4 and 5 no compensation shall be payable to a workman in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of the relevant employment.

7 PART II WORKMEN'S COMPENSATION FOR INJURY-7. Persons entitled to compensation.

(1) The compensation shall be payable to or for the benefit of the workman, or, where death results from the injury, to or for the benefit of his dependants as provided by this Act.

(2) Where there are both total and partial dependants nothing in this Act shall be construed as preventing the compensation from being apportioned partly to the total and partly to the partial dependants.

(3) Where a dependant dies before a claim under this Act is made, or, if a claim has been made, before an agreement or award has been arrived at or made, the legal personal representative of the dependant shall have no right to payment of compensation, and the amount of compensation shall be calculated and apportioned as if that dependant had died before the workman.

8 PART II WORKMEN'S COMPENSATION FOR INJURY-8. Amount of compensation.

Subject to this Act the amount of compensation shall be as follows, namely-

(a) where death has resulted from the injury, a lump sum equal to sixty months' earnings or eighteen thousand ringgit, whichever is the less:

[Am. Act A947]

Provided that if the deceased workman did not leave any dependants, the lump sum shall be the actual amount of the expenses of the funeral of the workman or one thousand ringgit whichever is the less;

[Am. Act A947]

(b) where permanent total disablement results from the injury -

(i) in the case of an adult who has completed the eighteenth year of his age, a lump sum equal to sixty months earnings or twenty three thousand ringgit, whichever is the less;

[Am. Act A947]

(ii) in the case of any other adult, a lump sum equal to eighty-four months

9 PART II WORKMEN'S COMPENSATION FOR INJURY-9. Method of calculating earnings.

(1) For the purposes of this Act the earnings of a workman shall be computed in such manner as is best calculated to give his true monthly earnings at the date of the accident, subject to the following provisions:

(a) where the workman has been exclusively employed by the employer who is liable to pay compensation during a continuous period of not less than six months immediately preceding the accident in the grade in which he was employed at the time of the accident, his monthly earnings shall be deemed to be the average amount of his earnings during the last six completed months of that period;

(b) where the workman has been exclusively employed by the employer who is liable to pay compensation in the grade in which he was employed at the time of the accident during a continuous period of less than six months immediately preceding the accident, and there is another workman who has been exclusively employ

10 PART II WORKMEN'S COMPENSATION FOR INJURY-10. Distribution of compensation.

(1) No payment of compensation in respect of a workman whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or to a minor, shall be made otherwise than by deposit with the Commissioner, and any such payment made directly to any dependant of a deceased workman or to any woman or minor shall be deemed not to be a payment of compensation for the purposes of this Act.

(2) Any other money which is payable as compensation may, and where the person to whom it is payable so requests shall be deposited with the Commissioner.

(3) The receipt of the Commissioner shall be a sufficient discharge for any compensation deposited with him.

(4) On the deposit of any money under subsection (1) as compensation in respect of an accident resulting in the death of a workman, the Commissioner may deduct therefrom the actual amount of the expenses of the funeral of the workman or one thousand ringgit, whichever is

11 PART II WORKMEN'S COMPENSATION FOR INJURY-11. Compensation not to be assigned, attached or charged.

Save as provided by this Act, no lump sum or half-monthly payment payable under this Act shall in any way be capable of being assigned or charged or be liable to attachment or pass to any person other than the workman by operation of law nor shall any claim be set off against the same.

12 PART II WORKMEN'S COMPENSATION FOR INJURY-12. Notice and claim.

(1) Except as provided in this section proceedings for the recovery of compensation for an injury under this Act shall not be maintainable unless notice of the accident in respect of which such compensation is claimed has been given to the employer within seven days after the happening thereof and unless a claim for compensation with respect to such accident has been made within six months from the happening of the accident causing the injury, or, in the case of death, within six months from the date of the death.

(2) No notice to the employer shall be necessary where a fatal accident has occurred.

(3) The want of or any defect or inaccuracy in such notice shall not be a bar to the maintenance of such proceedings if the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident, or if it is found in the proceedings for settling the claim that the employer is not, or would not be,

13 PART II WORKMEN'S COMPENSATION FOR INJURY-13. Notice to Commissioner by employer.

(1) Every employer shall give notice in writing to the 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.

(2) Such notice shall be given within ten days of the occurrence of the accident.

(3) 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 per

14 PART II WORKMEN'S COMPENSATION FOR INJURY-14. Medical examination and treatment.

(1) When notice of an accident has been given to an employer by a workman or by the Commissioner on the workman's behalf the employer may offer to have the workman examined, free of charge to the workman, by a registered medical practitioner, and the workman shall as soon as possible submit himself for such examination; and any workman who is in receipt of a half-monthly payment under this Act shall, if so required, submit himself for such examination from time to time:

Provided that no workman shall be required to submit himself for such examination otherwise than in accordance with Regulations made under this Act.

(2) If a workman, on being required to do so by the employer under subsection (1), or by the Commissioner, or by an Arbitrator, at any time refuses to submit himself for examination by a registered medical practitioner whose services have been offered to him by the employer free of charge, or in any way obstructs the same, h

15 PART II WORKMEN'S COMPENSATION FOR INJURY-15. Approved hospitals and special hospitals.

(1) The Minister of Health shall from time to time by notification in the Gazette declare which hospitals are approved hospitals for the purpose of this Act; and, where a workman is so injured that a registered medical practitioner certifies that his treatment in an approved hospital is necessary, the employer shall at his own expense cause such workman to be conveyed to and from such approved hospital for treatment in such manner as in the opinion of the registered medical practitioner is appropriate to his condition.

(2) (a) Where the Minister of Health is satisfied that suitable equipment and supervision are available in any hospital for the treatment and convalescence of injured workmen and especially for giving them treatment for the re-education of injured parts and the restoration, so far as practicable, of bodily powers and general health, he may by notification in the Gazette declare such hospita

16 PART II WORKMEN'S COMPENSATION FOR INJURY-16. Review.

(1) Any half-monthly payment payable under this Act, either under an agreement between the workman and the employer and consented to and recorded by the Commissioner or under the award of an Arbitrator, may be reviewed by the Commissioner on the application either of the employer or of the workman accompanied by a certificate of a registered medical practitioner that there has been a change in the condition of the workman.

(2) Any half-monthly payment may, on review under this section, and subject to the provisions of this Act, be continued, increased, decreased or ended.

16A PART II WORKMEN'S COMPENSATION FOR INJURY-16A. Power of review.

The Commissioner shall, by virtue of this subsection, have power to review and to vary any order originally made under the Ordinances and Enactments specified in the Third Schedule to this Act.

17 PART II WORKMEN'S COMPENSATION FOR INJURY-17. Commutation of half-monthly payments.

Any half-monthly payments may, by agreement between the workman and the employer consented to and recorded by the Commissioner, or, if the workman and the employer cannot agree or the Commissioner does not consent and the payments have been continued for not less than six months, on application to the Arbitrator, be commuted into a lump sum to be paid instead of such half-monthly payments of such amount as may be agreed to by the parties and consented to by the Commissioner or determined by the Arbitrator, as the case may be.

18 PART II WORKMEN'S COMPENSATION FOR INJURY-18. Workman leaving Malaysia to reside elsewhere.

(1) If a workman receiving a half-monthly payment intends to leave Malaysia in order to reside in another country, he shall give to the Commissioner fourteen days previous notice of his intended departure; and the Commissioner shall forthwith inform the employer who may agree with the workman to continue the payments in the country in which the workman intends to reside, and in default of agreement either party may apply to the Arbitrator for the commutation of such half-monthly payments into a lump sum to be paid instead of such half-monthly payments and the Arbitrator shall thereupon determine the amount of such lump sum.

(2) If a workman receiving a half-monthly payment leaves Malaysia for the purpose of residing in another country without giving notice as hereinbefore provided, he shall thereupon cease to be entitled to any benefits under this Act during his absence from Malaysia and he shall, for the purposes of paragraph (e) of s

19 PART II WORKMEN'S COMPENSATION FOR INJURY-19. Liability in case of workmen employed by contractors.

(1) Where any person (in this section referred to as the "principal") in the course of or for the purpose of his trade or business contracts with any other person otherwise than as a tributer (in this section referred to as "the contractor") for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him and where a claim has been made to the principal for compensation this Act shall apply as if references to the principal were substituted for references to the employer, except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by whom he is immediately employed.

(2) Where the principal is liable to pay compensation under this section, he sh

20 PART II WORKMEN'S COMPENSATION FOR INJURY-20. Remedies both against employer and stranger.

Where any injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof-

(a) the workman may take proceedings against that person to recover damages and may claim against any person liable to pay compensation under this Act, but he shall not be entitled to recover both damages and compensation; and

(b) if the workman has recovered compensation under this Act, the person by whom the compensation was paid, and any person who has been called upon to pay an indemnity under section 19(2) shall be entitled to be indemnified by the person so liable to pay damages as aforesaid and all questions as to the right to and amount of any such indemnity may, in default of agreement, be settled by an Arbitrator.

21 PART II WORKMEN'S COMPENSATION FOR INJURY-21. Bankruptcy of employer.

(1) Where any employer has entered into a contract with any insurers in respect of any liability under this Act to any workman, then, in the event of the employer becoming bankrupt or making a composition or scheme of arrangement with his creditors, or, if the employer is a company, in the event of the company having commenced to be wound up or a receiver or manager of the company's business or undertaking having been duly appointed or possession having been taken by or on behalf of the holders of debentures secured by a floating charge of any property comprised in or subject to the charge, the rights of the employer against the insurers as respecting that liability shall, notwithstanding anything in any written law relating to bankruptcy or the winding-up of companies for the time being in force in Malaysia or any part thereof, be transferred to and vest in the workman, and upon any such transfer the insurers shall have the same rights and remedies an

22 PART II WORKMEN'S COMPENSATION FOR INJURY-22. Special provisions relating to seamen.

This Act shall apply to seamen in the same way as to workmen, subject to the following modifications, namely-

(a) the notice of the accident and the claim for compensation may, except where the person injured is the master the ship, be served on the master of the ship as if he were the employer, but where the accident happened and the disablement commenced on board the ship, it shall not be necessary for any seaman to give any notice of the accident;

(b) in the case of the death of a master or seaman the claim for compensation shall be made within six months after the news of the death has been received by the claimant or, where the ship has been or is deemed to have been lost with all hands, within eighteen months after the date on which the ship was, or is deemed to have been, so lost;

(c) where an injured master or seaman is discharged or left behind in any territory in the Commonwealth

23 PART II WORKMEN'S COMPENSATION FOR INJURY-23. Returns as to compensation.

(1) The Minister may by notification in the Gazette direct that every person employing workmen, or that any special class of such persons, shall send at such time and in such form and to such authority as may be specified a correct return specifying the number of injuries in respect of which compensation under this Act has been paid by the employer during the previous year and the amount of such compensation, together with such other particulars as to the compensation as the said Minister may direct.

(2) Any person making default in complying with any direction notified under this section shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand ringgit.

[Am. Act A947]

24 PART II WORKMEN'S COMPENSATION FOR INJURY-24. Contracting out.

Any contract or agreement whether made before, on or after the date of coming into force of this Act whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment shall be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under this Act.

25 PART II WORKMEN'S COMPENSATION FOR INJURY-25. Commissioner may receive and pay to dependants money due to a dead workman from his employer.

Notwithstanding anything contained in any written law relating to the administration or distribution of estates of deceased persons for the time being in force in Malaysia or any part thereof, where a workman has died and it appears to the Commissioner that his dependants are entitled to compensation under this Act and that any money not exceeding in amount the amount of his earnings for two months as calculated under section 9 was payable to such workman by his employer it shall be lawful for the Commissioner in his discretion to receive that money and to pay the same to the dependants without the production of a grant of representation.

26 PART II WORKMEN'S COMPENSATION FOR INJURY-26. Compulsory insurance by employer.

(1) Every employer shall insure and keep himself insured with an insurer within the meaning of the Insurance Act 1963 in respect of any liability which he may incur under this Act to every workman employed by him.

[Am. Act A947]

(2) Notwithstanding subsection (1), the Minister may by order approve an insurance scheme, and upon the coming into force of the order, every employer shall insure and keep himself insured under the approved insurance scheme in respect of any liability which he may incur under this Act to every workman employed by him.

[Subs. Act A947]

(3) For the purpose of subsection (2) "approved insurance scheme" means a scheme underwritten by an insurer registered under the Insurance Act 1963 and established in a manner approved by the Minister.

[Ins. Act A947]

(4) In the event the Minister revokes an order made under subsec

27 PART III THE COMMISSIONER AND ARBITRATORS-27. Commissioners to hold inquires.

(1) If any question arises under this Act that question shall be settled by agreement between the Commissioner, the workman and the employer and for the purposes of reaching such agreement the Commissioner may hold an inquiry:

Provided that nothing in this subsection shall affect the right of the Commissioner to make any decision required under section 8, 10, 14 or 15.

(2) An application to the Commissioner to settle any question may be made by or on behalf of a workman or the employer and shall contain a concise statement of the circumstances of the accident and of the resulting injury:

Provided always that where the Commissioner has reasonable cause to believe that an accident has occurred resulting in injury to or the death of any workman he may of his own motion and at any time hold an inquiry to ascertain whether such accident has occurred and whether any workman has been injured and whether any compensation payable under t

28 PART III THE COMMISSIONER AND ARBITRATORS-28. Recording of agreements.

(1) Where the amount of the compensation by way of a lump sum has been ascertained by agreement between the workman and his employer a memorandum shall, within fourteen days, be sent by the employer (and may be sent by the workman or any dependant) to the Commissioner, who, on being satisfied as to its genuineness and that the amount of compensation agreed upon is adequate shall, except as hereinafter provided in this section, record the memorandum in a register in the prescribed manner.

(2) No such memorandum shall be recorded until seven days have expired after communication by the Commissioner of notice to the parties concerned.

(3) Where it appears to the Commissioner that an agreement for the payment of a sum, whether by way of commutation of a half-monthly payment or otherwise, or an agreement for the amount of compensation ought not to be recorded by reason of the inadequacy of the sum or amount or by reason of the agreement havi

29 PART III THE COMMISSIONER AND ARBITRATORS-29. Effect of failure to record an agreement.

Where a memorandum of any agreement the recording of which is required by section 28 is not sent to the Commissioner as and within the time required by that section the employer shall be liable to pay the full amount of compensation which he would otherwise be liable to pay under the provisions of this Act.

30 PART III THE COMMISSIONER AND ARBITRATORS-30. Arbitrator to decide when parties fail to agree.

(1) If any question arises under this Act which a workman, his employer and the Commissioner cannot settle by agreement under section 27, such question shall be decided by an Arbitrator.

(2) A question is not settled by agreement unless the workman, the employer and the Commissioner all signify their consent by signing an acknowledgment of agreement or unless an agreement between the workman and the employer is recorded by the Commissioner under section 28.

(3) An application for the settlement of any question which is addressed to an Arbitrator shall contain a certificate by the Commissioner that he has held an inquiry under section 27 and that agreement has not been reached.

(4) An application requesting the decision of an Arbitrator on any question may be drawn up and submitted to an Arbitrator by a workman, by the employer, by the Commissioner on behalf of a workman or by the Commissioner of his own motion, or by any person

31 PART III THE COMMISSIONER AND ARBITRATORS-31. Agreement to be free of stamp duty.

No stamp duty shall be leviable or payable on any agreement under this Act.

32 PART III THE COMMISSIONER AND ARBITRATORS-32. Appearance of parties.

(1) Any appearance, application or act required to be made or done by any person before or to an Arbitrator (other than an appearance as a witness) may be made or done on behalf of such person-

(a) by an advocate and solicitor in West Malaysia or an advocate in Sabah and Sarawak;

(b) by an officer of a trade union or of such association or combination of workmen or employers as may be approved by the Minister, who is authorized by the said union, association or combination and by the person in question to appear on that person's behalf;

(c) where the said person is a workman, by the Commissioner; or

(d) where the said person is an employer, by a person in his permanent and exclusive employment or by his insurer, or, where the insurer is a company, by an agent authorized, generally or specifically under the seal of the company, to represent the company in such proceedings.<

33 PART III THE COMMISSIONER AND ARBITRATORS-33. Experts to assist Arbitrator.

An Arbitrator may, for the purpose of deciding any matter referred to him for decision under this Act, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry.

34 PART III THE COMMISSIONER AND ARBITRATORS-34. Enquiry by Arbitrator.

(1) Where 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 thereunder, be done by or before the Arbitrator for the area in which the accident which resulted in the injury occurred:

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.

(2) 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 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 fort

35 PART III THE COMMISSIONER AND ARBITRATORS-35. Powers of the Commissioner and of an Arbitrator.

(1) For the purposes of this Act the Commissioner and an Arbitrator shall have all the powers of a President of a Sessions Court 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 shall be deemed to be a civil court for all the purposes of section 129 and of Chapter XXXIV of the Criminal Procedure Code.

(1A) 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:

Provided that nothing herein contained shall prevent the Arbitrator from taking into consideration any other evidence as to the

36 PART III THE COMMISSIONER AND ARBITRATORS-36. Arbitrator's order to be sent to Commissioner.

When an Arbitrator has decided the question or questions submitted to him under section 30 he shall send a certified copy of his order thereon to the Commissioner, before whom the original enquiry under section 27 was held.

37 PART III THE COMMISSIONER AND ARBITRATORS-37. Costs.

All costs of and incidental to any proceedings before an Arbitrator shall, subject to Regulations made under this Act, be in the discretion of the Arbitrator, provided that no costs shall be awarded against the Commissioner whether he appears of his own motion or on behalf of a workman.

38 PART III THE COMMISSIONER AND ARBITRATORS-38. Power to submit cases.

(1) An Arbitrator may, if he thinks fit, submit any question of law for the decision of a Judge of the High Court, and if he does so he shall decide such question in conformity with such decision.

(2) An appeal shall lie to the Federal Court from any decision of a Judge under this section.

39 PART III THE COMMISSIONER AND ARBITRATORS-39. Appeal from Arbitrator.

(1) Save as hereinafter provided, no appeal shall lie to the High Court from any order of an Arbitrator.

(2) If a Judge of the High Court shall sign a certificate that the decision of an Arbitrator involves a question of law which it is desirable in the public interest to have determined by the High Court, upon an application made in that behalf by or on behalf of a workman or his employer, an appeal shall lie to the High Court.

(3) An appeal shall lie to the Federal Court from any decision of a Judge under this section.

(4) An appeal shall not lie in any case in which the parties have agreed to abide by the decision of the Arbitrator or in which the order of the Arbitrator gives effect to an agreement come to by the parties.

(5) Subject to Rules of Court, the procedure in an appeal to the High Court shall be the procedure in a civil appeal from a Sessions Court with such modifications as the circumstances may require.

40 PART III THE COMMISSIONER AND ARBITRATORS-40. Enforcement of orders and agreements.

(1) Where any order has been made by an Arbitrator or any agreement recorded by the Commissioner, the Commissioner shall, at the request of any person claiming under such order or agreement, send a certified copy thereof to the Registrar of a Sessions Court in the State wherein the order was made or the agreement recorded and the said Registrar shall cause the said copy to be recorded and thereupon the said order or agreement shall for all purposes be enforceable as a judgment of the Sessions Court, notwithstanding that the same may in respect of amount be in excess of the ordinary jurisdiction of the said Court.

(2) Where the Commissioner has sent a certified copy of an order or of an agreement to the Registrar to be recorded under subsection (1), and subsequently on review under section 10, 14, 15 or 16 an order is made varying the amount of compensation to be paid under such order or agreement, the Commissioner shall send a certified copy of

41 PART III THE COMMISSIONER AND ARBITRATORS-41. Limitation of workman's right of action .

(1) Nothing contained in this Act shall be deemed to confer any right to compensation on a workman in respect of any injury if he has instituted and is prosecuting a suit for damages in respect of that injury in any court against his employer or if he has recovered damages in respect of that injury in any court from his employer; and no suit for damages shall be maintainable in any court by a workman against his employer in respect of any injury-

(a) if he has applied to the Commissioner to settle any question in respect of the injury under section 27(2); or

(b) if an agreement has been come to between the workman and the employer and such agreement has been recorded under section 28; or

(c) if he has recovered damages in respect of the injury in any court from any other person.

(2) If a suit is instituted in any court to recover damages independently of this Act for

42 PART III THE COMMISSIONER AND ARBITRATORS-42. Reciprocal arrangements for payment of workman's compensation.

(1) Where an arrangement has been made between the Government of Malaysia and the Government of any part of the Commonwealth, whereby sums awarded under the law relating to workmen's compensation in Malaysia to beneficiaries resident or becoming resident in the territory administered by any such Government, and sums awarded under the law relating to workmen's compensation in any such territory to beneficiaries resident or becoming resident in Malaysia, may at the request of the authority by which the award is made be transferred to and administered by a competent authority in any such territory or by the Commissioner in Malaysia, as the case may be, money in the hands of the Commissioner shall be transferred, and money received by him shall be administered, in the manner prescribed.

(2) In this section "the Commonwealth" shall not include such territories administered by the Government of any part of Her Britannic Majesty's dominions in accorda

43 PART III THE COMMISSIONER AND ARBITRATORS-43. Regulations.

(1) The Minister may make Regulations for carrying out the purposes of this Act.

(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;

(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 secti

44 PART III THE COMMISSIONER AND ARBITRATORS-44. Repeal.

The Ordinances and Enactments specified in the Third Schedule are hereby repealed.