"specified trade, industry or process" means any trade, industry or procese involving exposure to dust of free silica or dust con- taining free silica, or dust of asbestos or dust containing asbestos, specified by regulations under section 49 in respect of paeumo- coniosis;"
Amendricol of boction. 31.
3
Addition of
Dew Beetlana.
Section 31 of the principal Ordinance is a
amended-
(0) in subsection (1) by deleting "subsection (2)" and substituting
the following-
"subsection (2) and (2A)" (ZA)":
(b) by inserting after subsection (2) the following subsection-
"[(2A) Except where section 33004) applies, the Com- missioner may, if subisted that a person who wishes to be employed as a workman in any specified trade, industry or process is known_to_be_suffering from pneumoconiosis, or is found to be suffering from pneumoconiosis ar the medical examination carried out in pursuance of section 33A(1), authorize the person and the employer to enter into an agreement in writing giving up the right of such person to compensation under the provisions of this Ordinance in respect of permanent total or partial incapacity or death resulting from pneumoconiosis."; and
(c) in subsection (3), by inserting after "(2) the followin
44
"or (2A)".
The principal Ordinance is amended by adding after section 32, the following sections-
"Payment pď comparado or dumpe for jocapacity HEIL
resulting from PREPAOCOD- kosis.
of PneumocCHO-
Joala CompaKAR-
Goo Fund.
324. (1) Where an employer who is insured in pursu- ance of section 39A. becomes liable to pay compensation or damages for the permanent total or partial Incapacity or the death of a workman resulting from pneumoconiosia who is or was employed on or after the date on which this section comes inte operation in any specified trade, industry or process, such compensation or damages shall, notwithstanding Section 32, be paid from the Praumoconiosis Compensation Fund.
(2) In subsection (1), compensation or damages includes any sum payable in respect of costs.
328. (1) There is hereby established a Pneumoconiosis Compensation Fund which shall consist of-
(d) all moneys paid by or recovered from insuranNCE
companies in pursuance of section 320;
(b) any moneys recovered from employers in pur-
suance of section 32D; and
(c) any moneys provided by the Government for the purposes of the Pneumoconiosis Compensation Fund.
(2) The Poeumoconiosis Compensation Fund shall be vested in and administered by a board appointed_by_the Governor which shall be called the Preumoconiosis Com. pensation Fund Board and which shall, in that name, be a body corporate with perpetual succession and shall be capable of suing and being sued,
Pagroner or buy unce premium lo
32C. (1) Every insurance company which issues a policy of insurance in pursuance of section 39A shall psy Pneumocon'ges to the Board in the prescribed manner the insurance premium roccived by it in respect of the policy of insurance.
Compensation
Fund.
Tonprom
af levy on
employera, et.
(2) Where an insurance company fails to pay to the Board any insurance premium payable under subsection (1), such insurance premium may be sued for and recovered by the Board as a civil debt,
(3) All insurance premiums paid under subsection (1) or recovered under subsection (2) shall be paid into the Pneumoconiosis Compensation Fund by the Board.
(4) Where an insurance premium in respect of a policy of insurance is paid to the Board by, or recovered by the Board from, an insurance company under this section, the Board shall-
(o) pay to the insurance company from the Poeumo- coniosis Compensation Fund the prescribed administration fee;
(B) Indemnify the insurance company against any
Kability under the policy of insurance.
32D. (1) Compensation or damages paid by the Government under section 330 shall, together with any prescribed interest thereon, be recoverable by the Govern- ment from the Pneumoconiosis Compensation Fund in the prescribed manner.
(2) Compensation or damages paid by the Government under section 33D and any interest thereon shall be re- covered by the Board in the prescribed manner by means of a levy imposed on every employer who has in bis em- ployment, on the date on which the levy becomes payable in pursuance of subsection (3), warkmed employed in any specified trade, industry or process.
(3) Where an employer fails to pay to the Board any levy imposed under subsection (2), stich levy may be sued for and recovered by the Board as a civil debt,
(4) Every levy recovered under subsection (2) or (3) shall be paid into the Pneumoconiosis Compensation Fund by the Board.
(3) The rate of the levy and the date on which the levy becomes payable shall be fixed annually by the Board with the prior approval of the Financial Secretary and shall be notified in the Gazette.".
5. Section 33(11 of the principal Ordinance is amended by deleting Amendment of “Any” and substituting the following-
"Subject to section 33A, any".
vection 33.
6. The principal Ordinance is amended by adding, after section 33, Audiion of the following sections-
**Medical
examdoden
d workme
employed ja
314. (1) Subject to subsection (2), every employer who engages any workman for employment, or transfers any workman to employment, in any specified trade, industry specided vides, or process, shall before the end of the second month after such engagement or transfer require the workmac to undergo, at the cost of the employer, the prescribed medical examination.
Lacwartes or
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