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The Workmen's Compensation Act, 1900.
liability in some person other than the employer to pay damages in respect thereof, the workman may, at his option proceed, either at law against that person to recover damages, or against his employer for compensation under this Act, but not against both, and if compensation be paid under this Act, the employer shall be entitled to be indemnified by the said other person.
Non-application to agricultural and pas. Toral pursuits and application to work. men in employment of Crown.
14. This Act shall only apply to workmen engaged in agricultural or pastoral pursuits when steam, water, oil, gas, electricity, compressed air, or other like mechanical power is used in the factory; and this Act shall not apply to persons in the naval or military service of the Crown, but otherwise shall apply to any employment by or under the Crown to which this Act would apply if the employer were a private person.
Provision as to existing contracts.
15. Any contract existing at the commencement of this Act, whereby a workman relinquishes any right to compensation from the employer for injury arising out of and in the course of his employment, shall not for the purposes of this Act be deemed to continue after the time at which the workman's contract of service would determine if notice of the determination thereof were given at the commencement of this Act.
16. This Act shall come into operation on a date to be fixed by Proclamation, not earlier than the first day of June, one thousand nine hundred and one.
In the name and on behalf of Her Majesty, I hereby assent to this Bill.
The Workmen's Compensation Act, 1900.
THE FIRST SCHEDULE REFERRED TO.
SCALE AND CONDITIONS OF COMPENSATION.
Scale. (1) The amount of compensation under this Act shall be(a) Where death results from injury
1. If the workman leaves any dependants wholly dependent upon his
earnings at the time of his death, a sum equal to his earnings in the employment of the same employer during the three years next preceding the injury, or the sum of One Hundred and Fifty Pounds, whichever of those sums is the larger, but not exceeding in any case Three Hundred Pounds, provided that the amount of any weekly payments made under this Act shall be deducted from such sum; and if the period of the workman's employment by the said employer has been less than the said three years, then the amount of his earnings during the said three years shall be deemed to be 156 times his average weekly earnings during the
period of his actual employment under the said employer : 11. If the workman does not leave any such dependants, but leaves
any dependants in part dependent upon his earnings at the time of his death, such sum, not exceeding in any case the amount payable under the foregoing provisions, as may be agreed upon, or, in default of agreement, may be determined on arbitration under this Act, to be reasonable and proportionate to the injury
to the said dependants: and III. If he leaves no dependants, the reasonable expenses of his medical
attendance and burial, not exceeding Fifty Pounds : (6) Where total or partial incapacity for work results from injury, a
weekly payment during the incapacity after the first week not exceeding fifty per centum of his average weekly earnings during the previous twelve months, if he has been so long employed, but if not, then for any less period during which he has been in the employment of the same employer, such weekly payment not to exceed One Pound, nor in case of total incapacity to be less than Seven Shillings and Sixpence per week. Such payments shall not in the aggregate
exceed Three Hundred Pounds. (2) In fixing the amount of the weekly payment regard shall be had to the difference between the amount of the average weekly earnings of the workman before the injury and the average amount which he is able to earn after the injury, and to any payment not being wages which he may receive from the employer in respect of his injury during the period of his incapacity.
(3) Where a workman has given notice of injury he shall, if so required by the employer, submit himself for examination by a duly qualified medical practitioner, provided and paid by the employer, and if he refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation and any proceeding under this Act in relation to compensation shail be suspended until such examination takes place.
(4) The payment shall, in case of death, be made to the legal personal representative of the workman, or, if he has no legal personal represeniative, to or for the benefit of his dependants, or, if he leaves no dependants, to the person to whom the expenses are due; and if made to the legal personal representative, shall be paid by him to or for the benefit of the dependants or other person entitled thereto under this Act.
(5) Any question as to who is a dependant, or as to the amount payable to each dependant, shall, in default of agreement, be settled by arbitration under this Act.
(6) The sum allotted as compensation to a dependant may be invested or otherwise applied for the benefit of the person entitled thereto, as agreed, or as ordered by the committee or other arbitrator.
The 'orkmen's Compensation Act, 1900.
(7) Any sum which is agreed or is ordered by the committee or arbitrator to be invested may be invested by the Public Trustee.
(8) Any workman receiving weekly payments under this Act shall, if so required by the emplover, or by any per-on by whom the employer is entitled under this Act to be indemnified, from time to time submit himself for examination by a duly qualified medical practitioner provided and paid by the emplover; but if the workman objects to an examination by that medical practitioner, or is dissatisfied with the certificate of such practitioner upon his condition when communicated to him, he may submit himself for examination to one of the medical practitioners appointed for the purposes of this Act, as mentioned in the Second Schedule hereto, and the certificate of that medical practitioner as to the condition of the workman at the time of the examination shall be given to the employer and workman and shall be conclusive evidence of that condition. Ii the workman refuses to submit himself to such examination, or in any way obstructs the same, his right to such weekly payments shall be suspended until such examination has taken place.
(9) Any weekly payment may be reviewed at the request either of ihe employer or of the workman, and on such review may be ended, diminished, or increased, subject to the maximum above provided, and the amount of payment shall, in default of agreement, be settled by arbitration under this Act.
(10) Where any weekly payment has been continued for not less than six months, the liability therefor may, on the application by or on behalf of either the workman or the employer, be redeemed by the payment of a lump sum, not exceeding Three Hundred Pounds, to be settled, in default of agreement, by arbitration under this Act, and such lump sum may be ordered by the committee or arbitrator to be invested or otherwise applied as above mentioned.
(11) A weekly payment shall not be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of law, nor shall any claim be set off against the same.
THE SECOND SCHEDULE REFERRED TO.
ARBITRATION. The following provisions shall apply for settling any matter which under this Act is to be settled by arbitration :
(1) If any committee, representative of an employer and his workmen, exists with power to settle matters under this Act in the case of the employer and workmen, the matter shall, unless either party objects, by notice in writing sent to the other party before the committee meet to consider the matter, be settled by the arbitration of such committee, or be referred by them in their discretion to arbitration as hereinafter provided.
(2) If either party so objects, or there is no such committee, or the committee so refers the matter or fails to settle the matter within three months from the date of the claim, the matter shall be settled by a single arbitrator agreed on by the parties, or in the absence of agreement by a Special Magistrate, according to the procedure prescribed by rules made under this Act.
(3) Any arbitrator appointed by Special Magistrate shall, for the purposes of this Act, have all the powers of a Local Court, and shall be paid out of moneys to be provided by Parliament.
(4) The Arbitration Act, 1891, shall not apply to any arbitration under this Act; but an arbitrator may, if he thinks fit, submit any question of law for the decision of a Local Court of full jurisdiction, and the decision of the Court on any question of law, either on such submission or in any case where he himself settles the matter under this Act, shall be final ; unless within the time and in accordance with the conditions prescribed by rules of the Supreme Court either party appeals to the Supreme Court; and the Local Court or the arbitrator shall, for the purpose of an arbitration under this Act, have the same powers of procuring the attendance of witnesses and the production of documents as if the claim for compensation had been made by plaint in a Local Court.
(5) In any arbitration under this Act any party may appear by any person duly appointed on his behalf.
The Workmen's Compensation Act.—1900.
(6) The costs of and incident to the arbitration and proceedings connected therewith shall be in the discretion of the arbitrator. The costs, whether before an arbitrator or in the Local Court, shall not exceed the limit prescribed by rules of court, and shall be taxed in manner prescribed by those rules.
(7) Where the amount of compensation under this Act shall have been ascertained, or any weekly payment varied, or any other matter decided, under this Act, either by a committee or by an arbitrator or by agreement, a memorandum thereof shall be sent by the said committee or arbitrator, or by any party interested, to the clerk of the Local Court for the district in which any person entitled to such compensation resides, who shall, on being satisfied as to its genuineness, record such memorandum in a special register without charge, and thereupon the said memorandum shall for all purposes be enforceable as a Local Court judgment: Provided that a Special Magistrate may at any time rectify such register.
(8) Where any matter under this Act is to be done in a Local Court, or by, to, or before the Special Magistrate, then, unless the contrary intention appear, the same shall, subject to rules of court, be done in, or by, to, or before the Special Magistrate of the Local Court of the district in which all the parties concerned reside, or if they reside in different districts, the district in which the injury out of which the matter arose occurred, without prejudice to any transfer in manner provided by rules of court.
(9) The duty of a Special Magistrate under this Act, or of an arbitrator appointed by him, shall, subject to rules of court, be part of the duties of the Local Court, and the officers of the court shall act accordingly, and rules of court may be made both for any purpose for which this Act authorises rules of court to be made, and also generally for carrying into effect this Act so far as it affects Local Courts, or an arbitrator appointed by a Special Magistrate, and proceedings in a Local Court or before any such arbitrator.
(10) The Governor may make or repeal regulations providing for rules of court, and generally for carrying this Act into effect.
(11) No court fee shall be payable by any party in respect of any proceedings under this Act in a Local Court prior to the award.
(12) Any sum awarded as compensation shall be paid on the receipt of the person to whom it is payable under any agreement or award, and his solicitor or agent shall not be entitled to recover from him or to claim a lien on or deduct any amount for costs from the said sum awarded for any costs except such as have been awarded in the arbitration. On an application made by either party to determine the amount of costs to be paid to the said solicitor or agent, such sum to be awarded subject to taxation and to the scale of costs prescribed by rules of court.
(13) The Governor may appoint legally qualified medical practitioners for the purpose of this Act, and any committee, arbitrator, or Special Magistrate may, subject to regulations made by the Governor, appoint any such practitioner to report on any matter which seems material to any question arising in the arbitration; and the expense of any such medical practitioner shall, subject to such regulations, be paid out of moneys to be provided by Parliament.