Workers' Compensation Act, 1999

This section gives the Act its short title and lets the Minister set its commencement date by statutory instrument.

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Jurisdiction: Zambia
Instrument: Act or statute
Citation: Act 10 of 1999
Version: Undated source snapshot
Language: en
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Statute overview

About this statute

This section gives the Act its short title and lets the Minister set its commencement date by statutory instrument. This section defines who counts as a “worker” and lists people who are excluded from that definition. This section defines who counts as a “dependant” and says that, where a worker leaves two or more spouses, those spouses are entitled to share the compensation payable for a single spouse of the deceased worker. This section defines who counts as an employer for the Act in several situations. An employer’s civil liability is not limited by this Act for a worker’s injury or disease caused by negligence, breach of statutory duty, or other wrongful act or omission.

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Legal text

Provisions of Workers' Compensation Act, 1999

Showing 131 of 131

1
This Act may be cited as the Workers’ Compensation Act,
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AI-assisted research summary: This section gives the Act its short title and lets the Minister set its commencement date by statutory instrument.

1. This Act may be cited as the Workers’ Compensation Act, 1999, and shall come into operation on such date as the Mjnstei may. by statutory instrument. appoint. ...... Shtin title and commence ment Interpola tion 2 ,. (J.) In this Act, unless the context otherwise requires— " accident" means an accident resulting in injury to a worker or in damage to, or destruction of, any artificial aid used by a worker in the course of employment; " actuary " means the person appointed by the Board under section twenty-five-io carry out functions under this Act; " assessment" means an assessment or a provisional assess ment made under Pan VIII; " Board " means the Workers’ Compensation Fund Control Board established by section ren; " business" means any industry, undertaking, trade, occupa tion or other activity in which any worker is employed; " certificate " means any certificate issued by the Examiner under this Act; " child" means an unmarried son or daughter under the age of eighteen years, and includes— (a) an illegitimate child; (b) a posthumous child; /- (c) an adopted child; (d) the child of any person with whom the worker was, in the opinion of the Commissioner, living as man and wife at the time of the accident or disease if that child was wholly supported by the worker; and (e) a child in respect of whom a worker had assumed, under the law and customs of the community of which the worker is a member, responsibility for support of (hat child and who was supported by the worker at the time of the accident or disease; " children’s allowance " means the monthly allowance pay able in respect of a child or children of a disabled or deceased worker under Part V; " Commissioner" means the Worker's Compensation Com missioner appointed under section sixteen-, " compensation " means compensation under this Act, and includes medical aid and any benefit of any nature to which a worker or that worker's dependants may be entitled under this Act and children shall be construed accordingly; "■disablement" in relation to a1 worker, means disablement which results in the loss or diminution of .wage-earning capacity or in the reduction of the chances of obtaining employment; " dissolved .Boards " means (he Workers' Compensation Board and the Pneumoconiosis Compensation Board es tablished under the Workers' Compensation Act and the Cap.?7l Pneumoconiosis Act, respectively; " domestic worker "means a person who is employed in demotic service in a private household; " eamings" means the average remuneration of a worker at the time of an accident or disease calculated in the manner provided in section seventy-nine: " employer" means a person regarded as, or deemed to be, an employer under section five, and includes a principal and the lawful representatives, successors or assigns of that person or principal; " Examiner" means any person .body of persons or institution •appointed by the Minister, by statutory order, to conduct medical examinations under the Act; "■exempted employer " means an employer to whom exemp tion has been granted under section one hundred and •eleven, and includes the State;, "financial year" means the period between the 1st April in any year and the 31sl March next following, both dates in cluded; " Fund" means the Workers’ Compensation Fund established ' under Pan IX; " injury" means a personal injury and includes the contraction of a disease; • - " legal practitioner" has the meaning assigned to it by the Legal Practitioners Act; '' medical aid ' means any or all of the benefits prescribed in paragraphs (a) to (ej of subsection (I) of section one hundred and one; " medical practitioner "means a person registered as a medical practitioner under the Medical and Allied Professions Act and. in relation to any medical examination of, or report’ upon, any worker who is for the time b ¿Ing in any country .outside Zambia, a person entitled to practice medicine in • that country who has been approved for the purpose con cerned by the Commissioner; " member" means a member of the Worker's Compensation Fund Control Board; " miner" means, subject to the provisions of subsection (2)— (a) any person employed or who has been employed at a scheduled mine and the nature of the employ ment necessitates working below the surface of the ground or in any scheduled place; i ¿0 any other person whom an Examiner certifies to have contracted pneumoconiosis, which in the opinion of the Board after consultation with an Examiner, was contracted as a result of employment at a scheduled mine or place; " partial disablement ”, in relation to a worker means: (a) the inability of that worker, as a result of an accident or disease in respect of which compensation is payable, toperform the whole of the work at which that worker was employed at the time of the acci dent or incidence of the disease; (b) the inability to obtain other suitable work at the same rate of earnings as the worker was receiving.at the time of the accident or incidence of the disease; " pension" means the amount payable monthly under Part V, but docs not include children's allowances or periodical payments; " periodical payment" means a periodical payment of com pensation under sections sixry-sLr and sivn-sevc^; " person under disability " means a minor, and a mentally disordered or defective person: " pneumoconiosis "means any form of lung disease due to the inhalation of dust; " principal" means a person referred tons a principal in section eight: Cap. 271 Cap-217 "repealed Acts" means the Workers Compensation Act. 1964 and the Pneumoconiosis Act. 1950; " representative" means the executor or other person lawfully appointed to take charge of the estate of a deceased worker and. if there is no person so appointed, means any person appointed by the Commissioner under this Act to make an application on behalf of the deceased worker's dependants for compensation, and in other respects to act as the representative of that worker for the purposes of this Act; " scheduled disease " means any disease specified in the First Schedule; " scheduled mine " means any mine specified in the Sixth Schedule; " scheduled place " means any place specified in the Second Schedule; " serious and wilful misconduct " means— , (a) drunkenness; (b) a contravention of any law or instructions of the employer made for the purpose of ensuring the safety or health of workers or of preventing acci dents or diseases to workers, if the contravention was committed deliberately or with a reckless disregard of the provisions of that law; or (c) any other act oromission which the Commissioner or any court on appeal may, having regard to all circumstances ofan accident or disease, declare to be serious and wilful misconduct; " total disablement ", in relation to a worker, means the inability of th al worker, as a result of an accident or disease in respect of which compensation is payable, to perform the work for which the worker was employed at the time of the accident or other suitable work; and " Tribunal " means the Workers’ Compensation Appeal Tri bunal established under the provisions of section one hundred and seventeen. (2) For the purpose of the definition of " miner " in subsection ( 1 ), " working " does not include the performance, whether under ground or in a scheduled place, of— (a} infrequent inspections or other occasional duties; or (b) any work or duty necessitated by and performed during any serious emergency. (3) Where there is doubt or a dispute arises whether duties are infrequent, occasional or otherwise, or whether any emergency was serious or not, or as to the duration of any emergency, the advice shalLbe sought of the person in charge of mine safety under the Mines and Minerals Act. j \ Meaning of ‘ worker"

Part

Schedule;

3
Meaning of " worker "
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AI-assisted research summary: This section defines who counts as a “worker” and lists people who are excluded from that definition.

3. (I) In this Act, unless the context otherwise requires, and subject to subsection (3)," worker"— (a) means any person who has entered into, or works under, a contract of service or of apprenticeship nr of learnership with an employer, whether the contract is expressed or implied, is oral or in writing, and whether the remunera tion is calculated by lime or by work done, or is in cash or in kind; and (b) includes any person whose occupation is conveying for gain persons or goods by means of any vehicle, vessel or aircraft, the use of which that person has obtained under any contract other than a purchase or a hire-purchase agreement, whether or not the remuneration of the person under such a contract is partly an agreedsum and partly a share in takings, but does not include any person whose remuneration is fixed solely by a share in takings. (2 ) If, in any claim for compensation under this Act, it appears to the Commissioner that the contract of service or apprenticeship or leamership under which the injured worker was working at the time when the accident causing the injury happened was illegal or otherwise unenforceable for any reason, the Commissioner may deal with the matter as if the contract had at the time been a valid contract of service, or apprenticeship or leamership. (3 ) The following persons arc excepted from the definition of " worker ". (a) any person in— (i) the Zambia Police Force or the Public Service: (ii) the public service of any government or authority specified by the Minister, by statutory notice; fb) any person employed casually by an employer and not in connection with the employer’s trade or business; (c) any person to whom articles or materials ¡ire given out by any employer to be made up. cleaned, washed, orna mented. finished or repaired or adapted for sale on premises not under the control of the employer; (d) a member of the Defence Force; or (e) any person who is a member of a Service Commission established under (he provisions of the Service Commis Cap. 259 sions Act. (4 ) Any referenccjn this Act to a worker who has been injured or infected by disease shall, when the worker is dead or is a person under disability, include ¿"reference to that workers’ representative or to the dependants or to any other person to whom or for whose benefit compensation is payable.
4
Meaning of" dependant"
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AI-assisted research summary: This section defines who counts as a “dependant” and says that, where a worker leaves two or more spouses, those spouses are entitled to share the compensation payable for a single spouse of the deceased worker.

4. (1) Subject to the other provisions of this section and unless the context otherwise requires, " dependant " means— Meaning of " dependant " (a) the spouse of a worker living with the worker at the time of the accident or disease concerned; (b) any child of a worker if bom before or within ten months after the lime of the accident or disease concerned; fc) any parent or step-parent of a worker, or any adoptive parentwho adopted the worker if the Commissioner is satisfied that the worker was adopted and the adoption was prior to the accident or incidence of ijie disease; (d) any brother, sister, half-brother or half-sister, or any grandparent or grandchild of a worker; or (e) any other relation to the worker, whether by consanguinity or affinity, who was wholly dependant for support and maintenance upon the worker at the time of the accident or incidence of the disease concerned; (2) A person who falls within the provision of paragraph (a) (b), (c).ot <d) of subsection (1 );shall only be deemed to be a dependant if that person was wholly or partly dependent for support and maintenance upon the worker at the lime of the accident or inci dence of the disease concerned. (3) Notwithstanding the other provisions of this section, the child of a worker or a person in respect of whom a declaration has been macle, under the provisions of section seventy-four shall be deemed to be dependent for support and maintenance upon the worker. (4) In the case of a worker who leaves two or more spouses, the spouses shall be entitled to share between themselves such compen sation as would be payable to a single spouse of the deceased worker, jointly or in such proportions as the Commissioner may decide.
5
Meaning of "employer"
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AI-assisted research summary: This section defines who counts as an employer for the Act in several situations.

5. (1) The Government and any person or any body of persons, corporate or incorporate, having a contract of service or apprentice ship or learnership with a worker shall be regarded, for the purposes of this Act, as the employer of that worker, whether the contract was entered into before the commencement of this Act. Meaning of " employer " (2) If the services of a worker are temporarily lent or let on hire to another person by the person with whom a contract of service, apprenticeship or learnership ismadc shall, except as provided in subsection (I) of section eight, be deemed to continue to be the employer of the worker while the worker is working for that other person. (3) In the case of aworker whose occupation is conveying for gain any person orgoods by meansofany vehicle, vessel or aircraft, the use of which the worker obtained from some other persons under a contract other than a purchase or hire-purchase agreement, the other person shall, for the purpose of this Act. be deemed to be the employer. (4) In the case of a worker employed by a club or other associa tion of persons, the members of the managingcommittee, or. if there be no committee, the secretary or other responsible officer, of .the club or association shall be deemed to bc the employer. (5) For the purposes of the giving or receiving of statements, notices or other documents under this Act, the term “employer” includesa manager, secretary, accountant, treasurer, duly authorised agent or other responsible person appointed by the worker’s em ployer. PART II Application of Act

Part

PART II

6
Civil liability of employer
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AI-assisted research summary: An employer’s civil liability is not limited by this Act for a worker’s injury or disease caused by negligence, breach of statutory duty, or other wrongful act or omission.

6. (1) Where any injury is caused or disease contracted by a worker by the negligence„breach of statutory duty or other wrong ful act or omission of the employer, or of any person for whose act ordefault the employer is responsible, nothing in this Act shall limit or, in any way affect any civil liability of the employer indepen dently of this Act. (2) Any damages awarded to a worker in an action at common law or under any law in respect of any negligence, breach of statutory duty, wrongful act oromission. under subsection (. 11, shall be reduced by the value, as decided by the court, of any compensa tion which has been paid or is payable to the Fund under this Act in respect of injury sustained or disease contracted by the worker. (3) For the purposes of subsecti on (1), “compensation "includes, in thecaseofaconiinuing liability, the capitalist value, as determined by the court, of the pension, periodical payment or allowance which constitutes the liability. ' Civil liability of employer
7
Concurrent remedies
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AI-assisted research summary: A worker may seek compensation and also sue a liable third party for damages, but must notify the Commissioner or exempted employer before starting proceedings and again if the claim is abandoned, settled, or relinquished.

7. (1) Where an accident or disease in respect of which compen sation is payable was caused or contracted in circumstances creat ing a legaliiability in some person other than the employer, in this section referred to as the “ third party", to pay damages to the worker in respect thereof— Concurrent remedies (a) the worker may both claim compensation under this Act and take proceedings against the third party in a court to recover damages: . • ' ■- Provided that where any proceedings are instituted the court shall, in awarding damages, have regard to the amount which, by virtue of the provisions of paragraph (hi, is likely to'become payable to the Commissioner or the exempted employer, by the third"party: and ’ ’ " (b) the Commissioner or the exempted employer by whom compensation is payable shall .have a right of action against the third party for the recovery of the compensa tion that the employer is obliged to pay under this Act as a result2 of the accident'or disease and may exercise the ' right either by joining in a.suit institutedby the worker against the third party or by instituting a separate suit: ‘ * Provided that thé amount"recoverable under this paragraph shall not exceed {he amount of damages,.if . i(. any, which would have been awarded to the worker , . ,. but.for the'provisions of this Act. (2) A worker shall, before inst ¡luting proceedings under subsec tion (I), notify the Commissioner or the exempted employer in writing of thé intent ion* to do so and shallnotify the Commissioner orthé employer if the worker decides to abandon the proceedings or to relinquish or settle the claim for damages. (3) iForthe purposes of this section, "compensation" includes, in the case of a continuing liability, the capitalised value, as determined by the court, of the .'pension, periodical payment or allowance which constitutes the liability.
8
Principal and contractors
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AI-assisted research summary: If a principal hires a contractor for work in the course of business, the worker is treated as the principal’s worker unless the contractor has been assessed and paid all amounts due for the year. The principal must ensure required assessments are paid and may have to pay them personally, with reimbursement rights against the contractor.

8. (I) Where any person, in thisisection 'referred to as the principal, in the course of or for the1 purposes of that person's trade or business, contracts with any other perSon. in this section referred to ns the contractor, for the execution'by ’or under the supervision of the contractor, of the whole Or any part of any work undertaken by the principal, any worker engaged on such work shall be deemed to Principals and contractors be the worker of the principal unless and until the contractor in respect of the work has been assessed as an employer and has paid all assessments due to the Fund for the current year, and any reference in this Act to the employer shall be deemed to be a reference to the principal: Provided that if compensation becomes payable to the worker under this Act. the amount of compensation shall be calculated with reference to the earnings of the worker under the employer by whom the worker is immediately employed. (2) Where (he principal has paid an assessment or compensation which, but for the provisions of subsection (I), the principal would not have been liable to pay, the principal shnll be entitled to reimbursement by the contractor to an extent as the Commissioner, on application made by the principal, finds that the contractor would have been liable had that contractor been deemed under this Act to be the employer of the worker. (3) The principal shall ensure that any assessment for which the contractor is liable is paid and if the principal fails to do so, that principal shall be personally liable to pay the assessment to the Commissioner and the provisions of this Act with regard to enforc ing assessments shall apply to the principal but that principal shall be entitled to reimbursement by the contractor of any sum paid out under this subsection. (4) Where a principal has paid to the Commissioner any assess ment or compensât ion under the provisions of subsection (2) or (3), the principal shall, unless reimbursed by the contractor, be entitled to deduct an amount determined in accordance with subsection (2) from any moneys due by the principal to the contractor. (5) Notwithstanding anything contained in this section, the Commissioner shall first proceed against the contractor for the recovery of compensation instead of against the principal, and in the event of failure to recover fully frpm the contractor, may recover the balance from the principal. (6) This section shall not be construed so as to impose any liability on the principal in respect of any accident which occurs or diseasethat iscontracted elsewhere than on, in or about the premises on which the principal has undertaken to execute the work or which are otherwise under the principal’s control or management.
9
Workers employed outside Zambia f t
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AI-assisted research summary: Workers may be entitled to compensation for work accidents or disease across Zambia and outside Zambia, with special rules for when coverage continues, stops, or requires an election between this Act and another country's law.

9. (1) Where an employer carries on business chiefly within Zambia and the usual place of employment of the worker is in Zambia and an accident occurs or a disease is contracted by the worker while temporarily employed by the employer out of Zam bia, the workershallbecntitled to compensation in the same manner as if the accident or disease had occurred or been contracted in Zambia. Workers employed outside Zambia, etc. (2) The provisions of ibis subsection shall cease to apply to a worker after being employed out of Zambia for a continuous period of twelve months unless the Commissioner has. before the end of that period, agreed with the workcrund thcemployerconcerned that those provisions should, subject.to conditions as the Commissioner may determine, continue to apply. (3) Where an employer carries on business chiefly outside Zambia and an accident occurs ora disease is contracted by a worker ordinarily employed outside Zambia but temporarily employed by the employer in Zambia at the time of thé accident or incidence of disease, that worker shall not be entitled to compensation out of the Fund unless the employer has pre viously agreed with the Commis sioner that such a worker shall be entitled to compensation, and has paid assessment, (4) Where, by the law of the country in which an accident occurs or a disease is contracted, a worker in the circumstances described in subsection ( J ) is entitled to compensation in respect of the accident or disease, or where the accident occurs or'the disease is contracted in Zambia and the worker wouldbe entitled to compensation under the law of any other country as well as under this Act. the worker shall. by notice to the Commissioner, elect to claim compensation either under this Act or under the law of the other country. (5) A worker who elects to claim compensation under this Aetas required under subsection (4) shall— (a) present a'claim under this Act; and (b) cede to the Commissioner or the exempted employer the claim under the law of the other country, and if the . .. amount recoverable under that other law exceeds the , amount of compensation under this Act. the cession shall be effective in respect of so much of the claim as equals the amount of such compensation. (6) A worker who’clccts to claim compensation under the law of another country as required under subsection (4) shall, where the amount recoverable is less than' the compensation which would have been payable under this Act, receive compensation not ex ceeding the amount of the difference. (7) Where a worker elects to claim compensation under the law of another country as required under subsection (4) and the claim lies against the employer who has paid assessments, the Commissioner shall reimburse the employer to the extent of the compensation payable under this.Act. r(. , b PART III Worker's Compensation Fund Control Board Esiablish- mcni of Workers’ Compensa tion Fund Board

Part

PART III

10
Establishment of Workers’ Compensation Fund Control
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AI-assisted research summary: This section creates the Workers’ Compensation Fund Control Board, sets out its membership, and gives it duties and powers over the Fund.

10. ( 1 ) There is hereby established the Workers’ Compensa tion Fund Control Board which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued and, in its corporate name, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and as are necessary for or incidental to the carrying out of its functions under this Act. (2) The Board shall consist of eleven members who shall be appointed by the Minister as follows; (a) the chairperson of the Board; (b) three persons from associations representing employers; (c) three persons from associations representing workers; (d) three representatives from the Government; and (e) one person from an association of pensioners. Functions of Board 11, ( I ) Subject to (he provisions of this Act, the Board shall be responsible for the administration of the Fund and for advising the Minister on any matters in connection with the Fund or this Act. (2) Without prejudice to the generality of subsection (1), the Board shall— (til direct the Commissi oner for thecffective administration of the Act; and (h) after the conclusion of the financial year, report to the Minister on the administration of the Fund and of this • Act during the year. (3) The Board may promote, establish and subsidize out of the Fund any organisation or scheme the objects of which consist of, or include, one or more of the following: (a) the prevention of accidents or of any diseases which are due to the nature of any occupation; (h) the promotion of the health or safety of workers; or (c) the provision of facilities designed to assist injured or afflicated workers to return to work or to reduce or remove any handicap resulting from the injuries or disease. Tenure of office of members of Board 12 (I) Subject to the other provisions of this Act. a meineber shall hold office for a period of three years from the date of appointment and may be re-appointed for a further like period. (2) A member shall cease to hold office if the member (a) dies; (bi resigns; (ci is adjudged bankrupt orcntcni into any arrangement for the bene Fit of that member's creditors; (d) is adjudged to be of unsound mind; , r • (e) is convicted of an offence and sentenced to imprisonment without the option of a fine; (J) without reasonable cause is absent from three consecutive . meetings of the Board of which the member had notice; • •• pr:-.. . ■ (g) is removed by the Minister under subjection (3). (3) The Minister may remove a member from the Board if in the opinion of the Minister the member is incapable of performing functions specified under the Act, 13 fl) The Board may meet together for the despatch of Proceedings business,adjourn and otherwise, regulate.!ts meetingsand proceed- of Bl,iird ings as it deems fit. (2) A majority of members shall constitute a quorum of any meeting of the Board, and all acts,matters or things authorised or required to be done by the Board shall be decided by resolution of any meeting at which a quorum is present (3) Where the Chairperson is absent fro ma meeting of the Board the members present’.' if they constitute a quorum shall elect one of their number to-be Chairperson of that meeting.
14
Seal of Board
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AI-assisted research summary: The Board decides the device for its seal, and the seal may be used on an instrument only if the Board authorizes it by resolution.

14. (l\ The seal,qf the Board shall be such-device as may be Seal of determined by the .Board.’ ' ........... Bomd (2) The seal shall not be affixed to any instrument except by authority of a resolution of the Board, and the .sealing of any instrument shall be authenticated by the signature.of the Chairper son or such other person as the Board may appoint for the purpose.
15
Remuneration and allowances ■ **
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AI-assisted research summary: Board members are entitled to remuneration, travelling allowances, and subsistence allowances that the Minister approves.

15. (I )The members of the Board shall be paid such rcmunera- Remunera tion, travelling and subsistence allowances, as the Minister may donlind approve. al I nuances e * f2) The remuneration and allowances under subsection (I) shall be paid out of the Fund.
16
Commissioner and other staff ।
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AI-assisted research summary: The Minister appoints the Workers' Compensation Commissioner with the Board’s consultation, the Board may appoint other necessary staff, and the Commissioner has listed powers over claims, investigations, determinations, reporting, and delegation.

16. (I) The Minister shall, in consultation with the Board, appoint Commit the Workers' Compensation Commissioner who shall hold office for «ioncr and a period of three years but shall be eligible for reappointment. olher Ma’ (2 ) The Board may appoint such other persons as, in its opinion, are necessary for the administration of this Act. (3 ) The Commissioner may, subject to the general or special directions of the Board, delegate any of the powers and functions under section seventeen to any person appointed under subsection (2). (4 ) The amount of remuneration and the terms and conditions of service of all persons appointed under this section shall, subject to the approval of the Minister, be determined by the Board and that remuneration shall be paid out of the Fund. 17, Subject to the provision of this Act, the Commissioner shall be empowered to— (a) receive notices of accidents and claims for compensation; (b) inquire into or cause inquiry to be made into accidents; (c) determine whether any person is a worker, employer, principal or contractor for the purpose of this Act; (b) pay compensation payable from the Fund under the provi Dutlcsnnd Powers of Co mini si oner sion of this Act; (e) decide any question relating to- (i) the right to compensation; (ii) the submission, consideration and determination of claims for compensation (iii) computation of earnings; (iv) the degree of disablement of any worker; (v) the amount and method of payment of any compensation; (vi) the withholding, revision, discontinuance or sus pension of any compensation; and (vii) any other matter referred to the Commissioner; (/) determine whetherany person is a dependant under this Act and, if so, the degree of dependance, and where there is morethan one dependant, which dependant shall receive compensation and the allocation of compensation among them; (g) determine any question arising in respect of the necessity for. or the character or the sufficiency of any medical aid; (h) determine any question relating to the rendering of state ments of wages, liability for assessment, rates of assess ment, amount of assessment and method of payment of assessment; (i) after the conclusion of each financial year, report to the Board on the administration of this Act during that year; (j) collect, compile and maintain statistics and information relating to the occurence or cause of accidents and diseases or scheduled diseases and the grant of benefits to persons under this Act as the Commissioner may deem necessary or as may be required by the Board; (k) investigate whether any disease should be included-in. or deleted from, the Second Schedule and make recom inundations to the Board in regard thereto; {I) make any investigations and perform such other functions and duties as may have been assigned to the Commissioner or as may be deemed necessary for the administration of this Act; and (m) determine any other question falling within the Commissioner’s purview in connection with the appli cation of this Act or in respect of any employer or worker.
18
Inspection and investigation
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AI-assisted research summary: The Commissioner may authorise a competent person in writing to investigate and report, and that person may inspect and question people with a warrant and written authority.

18. (1) The Commissioner may, in writing, authorise any com petent person either generally or specially to investigate any matter falling within the Commissioner’s powers and to report to the Commissioner any such matter. Inspection and investigation (2) Any. person authorised under subsection (1) shall have the power to inquire and take affidavits or declarations as to any matter to which the investigation or report relates, or to take any other declarations reqired under this Act, and in al! cases to administer oaths,and attest declarations. (3) Upon the production of the written authority referred to in subsection (I), a person authorisedby the Commissioner may, wi th a warrant and at all reasonable times enter upon any land, works, premises or other place, and may question any employer or other person and inspect any part of the land, works, premises or other place or any books or documents which may contain information required for the purposes of the Act and take copies of extracts from such books or documents. (4) Any person who wilfully obstructs any person authorised under subsection (1) in the ia wfu I exercise of that person's functions under this section or who makes or subscribes to any statement, knowing it is false, or who wilfully refuses to answer any question or produce any docudment. commits an offence.
19
Secrecy
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AI-assisted research summary: People performing powers or duties under the Act must not disclose certain confidential information, except in the listed cases.

19. (I) Ifany person in the exercise of any powers conferred or in the performance of any duties imposed by or under this Act acquires information relating to the financial affairs of any other person, firm or business, or to any manufacturing or commercial secrets or working processes that person shall not disclose such information to any other person, except— (a) toacoun of law or to any person who by law is vested with the power to compel the disclosure of such information; or (b) to the Board or to any person acting in the execution of this Act in so far as ;such .information may be necessary for the execution of the Act. , Secrecy (2) Any person who contravenes the provisions of subsection (I) commits an offence. Revision of 20. (I) The Commissioner may, after giving notice in writing to PJTF’”“'' «he person concerned and giving (hat person an opportunity to be Cominis- signer heard, at any time review any compensation grunted on any of (he following grounds: fa) that the worker has not attended examination or has not submitted a medical report when required so to do under this Act; (b) that the disablement which gave rise to the award is continued or aggravated by the unreasonable refusal or wilfulnegleclofthe worker to attend medical orsurgical treatment; (c) that in the opinion of the Commissioner the degree of disablement has increased or diminished or that the workeris no longer permanently disabled: (d) that any compensation awarded is or has become either excesssive or insufficient to meet the circumstances of the case: or fe) that the award was based on a mistake or misrepresentation of fact, or that a different award might have been made if evidence presently available but which wns not avail able when the Commissioner made the award has been produced. (2) The Commissioner may, after giving notice in writing toany person concerned and after giving that person an opportunity to be heard, at any time review any decision, not being an award of compensation, given by the Commissioner under this Act. (3) The Commissioner may, aftermaking inquiry or receiving evidence as may be considered necessary, confinn the award of compensation or order the discontinuance, suspension, reduction or increase of that compensation, or, in the case of any decision referred to in subsection (2) confirm, set aside or vary that decision. (4) For the purposes of this section, "compensation" includes medical aid expenses.
21
Power of Commissioner in respect of witnesses, etc
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AI-assisted research summary: The Commissioner may summon people for investigations, require documents, administer oaths, and keep relevant items for further examination; summoned persons who do not comply may commit an offence.

21. (1) The Commissioner may summon any person who— (a) may be able to give material information concerning the subject of any investigation under this Act; or (b) the Commissioner suspects or believes has in that person's possession or custody, any book, document or thing which has any bearing on an invesitgaiion under this Act to appear before the Commissioner at a time and place specified in the summons, to produce the book, docu ment or thing. Powers of Commis sioner in respect of .witness, etc. (2) Any interested party may request the Commisioner to sum mon any person under subsection (I) and the Commissioner shall summon that person. • ... (3) The Commissioner may retain for further examination any relevant book, document or thing produced by any person under subsection (1). (4) A summons under subsection (I) shall be signed by the Commissioner. (5) The Commissioner may call and.administer an oath to any person summoned under subsection (.1). and the Commission may question the person on the book, document or thing that person produced to the Commissioner. (6) Any person duly summoned under subsection (1) who fails, without sufheient cause, to attend at the time and place specified in the summons commits an offence. (7),Any person duly summoned under subsection (1) or called under subsection (5) who- fa) fails to remain in attendance until excused by theCommis- sioner from further attendance: (b) refuses to be sworn or affirmed as a witness; (c) fails to answer fully and satisfactorily to the best of that person's knowledge and belief all or any questions lawfully put to that person; or (¿1 ) fails to produce any book, document or thing in that person's possession, custody or under the person’s control: commits an offence and is liable on conviction to a fine not exceeding twenty thousand penalty units or imprisonment for a period not exceeding one year, or to both. (8) A person summoned to appear before the Commissioner may. if the Commissioner is satisifed that the person has. by reason of the appearance, suffered any pecuniary loss or been put to any expense, be paid out of the Fund such allowances as may be prescribed or the amount of the loss or expense.
22
Appeal from decision
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AI-assisted research summary: A person aggrieved by the Commissioner’s decision may appeal to the Tribunal within 21 days, or later if the Tribunal allows more time for good cause.

22. Any person aggrieved by the decision of the Commissioner may appeal to the Tribunal within twenty-one days of that decision or within such further period as the Tribunal may allow on good Appeal from derision cause shown. Establish ment o|' Workers’ Compensa tion Fumi Board
23
Suspension of obligation
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AI-assisted research summary: An appeal does not suspend or defer payment obligations unless the Commissioner orders otherwise. If a review changes the amount due, the payer is entitled to a refund or must pay any extra amount.

23. (1) Except as the Commisioner may order, no obligation to pay any assessment, compensation or other amount to the Commis sioner or the Fund, or any periodical payment to or in respect of a worker by reason of a decision of the Commissioner shall be suspended or deferred by reason of the fact that an appeal has been lodged under section twenty-two. (2) If, as a result of a review under section twenty-two the amount payable by reason of the original decision is varied the person who made the payment shall be entitled to a refund or be liable to pay the additional amount. Functions of Board
24
Technical assessors
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AI-assisted research summary: The Commissioner may appoint a technically skilled assessor to advise in an investigation, but certain conflicted people must not be appointed or sit, and the Fund must pay prescribed assessor fees.

24. (1) The Commissioner may appoint as an assessor any person skilled in technical questions, otherthan medical, dental, orsurgical questions, to act in an advisory capacity in any investigation by the Commissioner under this Act. (2) A person shall not be appointed as an assessor under this section or, if appointed, no person shall sit if— (a) that person is an employee of, of associated in any pecuniary manner with, the employer of the worker concerned: or (bl that person has, in connection with the injury or death out of which the formal inquiry arises, given professional assistance or advice in regard to the accident or question in dispute to any party to the inquiry or to any person who may become liable for the payment of compensation under this Act to such worker. •_ (3) There shall be paid out oflhe Fund to any assessor such fees as may be prescribed. Appointment of actuary
25
Appointment of actuary
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AI-assisted research summary: The Board must appoint an actuary, and the actuary’s qualifications must be approved by the Board.

25. The Board shall appoint an actuary who shall have qualifi cations approved by the Board, for the puiposes of exercising the powers and duties imposed or conferred by this Act, Actuarial valuation of Funds Action on actuarial report
26
Actuarial valuation of Fund
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AI-assisted research summary: The actuary must value the Fund at least every three years and prepare a report stating the Fund’s state, any surplus or deficiency, and any recommended action.

26. The actuary shall value the Fund at intervals not exceeding three years and the actuary shall— (a) prepare a report on the state of the Fund; (h) state any surplus or deficiency in the Fund; and (c) recommend any action to be taken.
27
Action on actuarial report
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AI-assisted research summary: After receiving the actuary’s report, the Board must implement it with the Minister’s approval and may change assessment rates or require employers to pay sums determined by the actuary. If the Board does not act within six months, the Minister may use the Board’s powers.

27. (1) Upon receipt of the report of the actuary the Board shall with approval of the Minister implement the report and may— (a) increase or decrease the rates of assessments payable in respect of employers: or (b) require employers to pay such sums as the actuary may determine to lower any deficiency directly attributable to an action of such employers. "'1I- (2 ) If, within six months of the receipt of the actuary’s report by the Board, the Board fails to carry out any recommendation con tained in the report, the Minister may exercise any of the powers conferred on the Board under subsection (I), and the exercise of such powers by the Minister shall have the same effect as if the powers were exercised by the Board. i PARTIV ; Medical Examinations, Certificates of Fitnfss ano Reports
28
Application of Part IV
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AI-assisted research summary: This Part applies only to persons employed as miners and their employers.

28. This Part shall only apply to persons employed as miners and Application their employers. •" Part 'v
29
Types of certificates
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AI-assisted research summary: The Examiner may issue certain certificates under this Part.

29. The Examiner may issue the following certificates under Types of this Part- , (a) initial certificates and ini[ial (restricted) certificates under section thirty-four; (bl periodical certificates and periodical (restricted) certifi cates tinder section thiny-eigiit; or (c) a special certificate under section thirty.
30
No employment without or in breach of, a certificate of
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AI-assisted research summary: Employers must not use miners without the required certificate of fitness, miners must not work in breach of their certificate limits, and examination-related steps must be arranged with the Examiner.

30. (1) Any person who employs, as a miner, a person who is— (a) not the subject of a vql id certificate of fitness; or (b) the subject ofanintial (restricted) certificateor apenodical (restricted) certificate in a manner other than that set out in the certificate: or (c) the subject -of a special’ certificate for more than an aggregate of one hundred hours in any period of thirty •• •< days; No employ ment with out. or in breach of, certificate of fitness commits an offence. .......„ >. . (2) Any person-who works as a.minec-. , * -i- -, i.,nw o*i." .‘ A i-i (a) without a valid certi Beate, of fitness ; , (b) in a manner than that set out in the person’s initial (restricted) certificate or periodical (restricted) certifi cale; or (c) for'more than an aggregate of one'hundred hours in any ‘period of thirty days and is a subject of a special .. certificate; „ .in JMlt ,z commits an offence. (3) For the purposes of reckoning any period of days under this section regard shall be had to the power of the Examiner to authorise the extension of the validity of a certificate of fitness after its expiry as provided by section thirty-six. .-¡rr.-.-i n-H ..r (4) A certificate of fitnes shall not be issued under this part unless the person concerned has undergone the appropriate exami nation prescribed by this Act. (5) An employer or prospective employer wishing to present any person for a prescribed examination shall do so at a date and time to be arranged between the Examiner, or medical practitioner outside Zambia authorised by the Examiner, and the employer or prospective employer. (6) Any person not employed as a miner or having no definite offer of employment as a miner, who wishes to undergo ari exami nation, shall appy to the Examiner in person, or in writing, and shall attend for examination at the date and time fixed by the Examiner for the purpose. Application forms for prescribed examination
31
Application forms for prescribed examination
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AI-assisted research summary: Applications for a prescribed examination must use the Examiner’s form, be completed by the correct person, and include a truthful declaration signed or thumb-printed by the applicant.

31. (1) Any application fora prescribed examination shall be in the form supplied by the Examiner. (2) The form, for application1 for a prescribed examination shall be completed— (a) in the case of a person not employed as a miner, by that person; or (b) in the case of a person employed as a miner or a person with , an offer for employment as a miner, by the employer or prospective employer. (3) Every application under this section shall contain a declara tion that the particulars supplied in the application are correct and the applicant shall sign or affix their thumb-print to the declaration. (4) Any person who knowingly makes a false statement in the application form or who knowingly leads another to record a false statement on the form, commits an offence. Delivery or previous certificate before new examina lion
32
Delivery of previous certificate before new examination
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AI-assisted research summary: Before a new examination, the relevant certificate of fitness must be given to the Examiner, and if a missing certificate is lost or destroyed the Examiner may still continue.

32. (I) At every examination prescribed under this Act of a person who is in employment as a miner, the employer who has custody of the miners certificate of fitness shall deli ver thecertificate to the Examiner before the new examination may be performed. (2) At every examination prescribed under this Act of a person who is not at the lime of examination in employment as a miner but who has been issued a certificate under this Part or the repealed Acts and has not returned the certificate to the Examiner, that person shall deliver the certificate to the Examiner before the new examination may be performed. (3) If the. Examiner is satisfied that a certificate which is not delivered in leans of subsections (I) and (2) has been lost or destroyed, the Examiner may proceed with the examination and issue a certificate appropriate to the case, having regard to the Examiners records of previous examinations and certificates in respect of the person concerned. 33; (!) Upon any examination prescribed under this Act, after both clinical and radiological examination of the person and having comosis regard to the occupational history-of that person and io any other factor considered by the Examinerio be relevent if— fa} the Examiner is satisfied that1 pneumoconiosis is present in the lungs of that person and that the pncmoconiosis >. shows— • ’■ (i) radiological evidence of nodulatipn accompanied by no, or only very slight incapacity: or (ii) no radiological' evidence of nodulation but is accompanied by moderate incapacity; the Examiner shalI certify ithaLsuch person is suffering from pneumoconiosis in the first stage; . (b} the Examiner is satisfied that pneumoconiosis is present in the lungs of that person and is accompanied by defin ate , and appreciable incapacity, the Examiner shall certify that the person is suffering from pneumoconiosis in the second stage: or (c) the Examiner is satisfied;— ■ (i) that pneitmoeomniosis is present in tin advanced t Stage in the lungs of that person: and (ii) that the pneumoconiosis is accompanied by seri ous incapacity. the'Examiner shall certify that the person is suffering from pneumoconiosis in the third stage. (2) Any certificate issued under this section shall be conclusive evidence that the person concerned is suffering from the stage of pneumoconiosis specifieddn the certificate. (3) For Ihe purposes of this section. " incapacity " means physical incapacity, attributable to pneumoconiosis, for work on the pari of the person concerned. Iniiiui 34. (I) A person desiring employment as a miner who docs not examination ^old u valid certificate of fitness and who is not eligible for a periodical examination— (a) when that person has been offered employment as a miner, shall be presented by (he prospective employer to the Examiner for examination: and (bi where ihat person has no definite offer of employment as a miner, may make the application personally to the Examiner for examination. (2) At every initial examination the applicant shall be.clinically and radiologically examined, and upon such examination the Ex aminer may find that the applicant— {n} is free from tuberculosis or any other respiratory disease and is physically suitable for work as a miner in occupa tions involving exposure to dust likely to cause lung disease and entitled to be issued with an initial certifi cate; (b) does not conform to the standard laid down in paragraph fa) but is nevertheless free from tuberculosis and from pneumoconiosis in the third stage and is— (i) medically fit for work as a miner at a particular scheduled mine tn some particular occupation; and (ti) eligible for the issue of an initial (restricted) certificate: (o) does not conform to the standard laid down in paragraph (at but is nevertheless free from tuberculosis and from pneumoconiosis in the third stage and is— (i) medically fit for work as a miner for an aggregate of not more than one hundrend hours in any one period of thirty days: and (ti) eligible for the issue of a special certificate; (d) is not fit for work as a mineral the time of the examination but may be re-examined after the expiration of a period ns the Examiner may specify; or (e) is norfit for work as a miner in any circumstances. (3) Notwithstanding section thirty-Jive (he re-examination of a person who has been employed as a miner by virtue of that person having been the holder of a special certificate of fitness shall be deemed to be an initial examination, and the provisions of this section shall apply accordingly. (4) Where a person has been examined by the Examiner under this section and has been found to be entitled to. or eligible for, the issue of a certificate of fitness as provided in subsecion (2), the Examiner shall forthwith issue the appropriate certificate in the prescribed form: > Provided that the Examiner shall not issue an initial (restricted) certificate or a special certificate unless it is salified that suitable employment is. or will be available for the applicant. (5) Where a person la) is presented for examination by a prospective employer under this section; or (b) applies for examination under this section and has a definite offer of employment as a miner: that person shall undergo the examination free of charge. (6) Where an application for an examination prescribed under this Act is not made by a prospective employer or a person with a defniie offer of employment as a miner, the applicant shal I pay a fee as the Examiner may determine. - ;t . .... ,

Part

scheduled mine tn some particular occupation;

35
Periodical examinations
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AI-assisted research summary: Some miners or former miners with a certificate of fitness may be sent to the Examiner by an employer or apply personally for a periodical examination.

35. ( I ) Subject to the provisions of section thirty-seven, every Periodical person whether in employment as a mineror not, in respect of whom «nmmatirm a certificate of fitness has been issued— ; (at if in employment as a miner, may be presented to the Examiner by (he employer: or (b) if not in employment ns a miner, may apply personally to the Examiner for an1 examination under this Act. (2) An examination under this section, shall be known as a periodical examination and shall be for the purpose of ascertaining— , ■ (a) whether the applicant is suffering from tuberculosis or pneumoconiosis and. if suffering front pneumoconiosis, the stage in which dial disease is: or (b) if (he person is such as is mentioned in subsection (2) of section forty-two, whether (he applicant’s fitness for work as a miner has been seriously impaired by any disease or by old age.
36
Employer to arrange examination on expiry of certificate of
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AI-assisted research summary: An employer who holds a miner’s certificate of fitness must arrange a periodical examination with the Examiner before the certificate expires.

36. An employer having (he custody of a certificage of fitness for a miner shall arrange with the Examiner within fifteen days before the expiry of the certificate of fitness for the miner concerned to undergo a periodical examination. Employer io arrange examination on expiry of certificate of fitness Persons eligible l’or periodical ex a minai ion
37
Persons eligible for periodical examination
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AI-assisted research summary: This section sets when a person can be examined periodically and what the examiner must do after the examination.

37. ( I) A person shall not be eligible fora periodical examina tion unless— > (a) the examination is undertaken within fifteen days before the date of the expiry of the validity of the certificate of fitness; fb) the application for a periodical examination is made within one year and six months from the date of expiry of the validity of the certificate fitness; (c) at the date of the last examination by the Examiner, the applicant was found to be free from tuberculosis and from pneumoconiosis in the third stage: and (d) where the last issued certificate of fitness was an initial certificate, unless, during the period of validity of the certificate, the applicant has been employed as a miner. (2) A person who has worked as a miner at any one or more of the scheduled mines for five years or more shall not be excluded from eligibility to a periodical examination, under paragraph (b) of subsection (1 ) ¡f (he applicant, since the applicant's last work, has not worked in any occupation which would expose that applicant to the risk of inhaling dust likely to cause lung disease. Issued’ 38. (I) At every periodical examination the applicant shall be clinically and radiologically examined, and if upon examination the periodical of fitness^ Examiner finds that the person examined is free from tuberculosis and from pneumoconiosis in the third stage, the Examiner shall— (a) issue a certificate of fitness, to be known as a periodical certificate of fitness; (h) issue a certificate of fitness to the known as a periodical (restricted) certificate, which shall contain restrictions as appropriate; or f c) in the case of aperson admitted to aperiodical examination under subsection (2) of section thirty-seven, refuse to issue a periodical certificate, unless, in addition to free dom from tuberculosis and pneumoconiosis in the third stage, the Examiner finds that the applicant's fitness for work as a miner has not been impaired by any disease or by old age. (2) When, at the time of any periodical examination, the Exam iner cannot forthwith determine with certainty the presence or absence of tuberculosis, the Examiner may— (a) sospendale validity of an existing certificate of fitness for the remaining period of its validity or any period thereof; and (b) withhold the issue of a period icalcertificate for any period not exceeding thirty days.
39
Examination of miners before leave or discharge
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AI-assisted research summary: Employers must notify the Examiner about certain miners leaving work or going on leave, and must arrange examination if the Examiner requires it.

39. (1) Every employer shall inform the Examiner when— (a) a miner is about to cease or has censed to be employed by the employer: ................ . (b) a miner whose existing certificate of fitness when issued was valid fur one year and whose total service as a miner is five years or more, is about to proceed on leave for a period exceeding ninety days if the miner has not been examined within the proceeding one hundred and eighty days; (a) a miner, whose existing certificate of fitness when issued was valid for less than one year, is about to proceed on leave for a period exceeding thirty-one days. (2) The employer shall, so far as is practicable, supply the information required by subsection (1) not more than fourteen days and not less than seven days before (he date on which any miner is due to proceed on leave or to cease to be employed. (3) The Examiner shall on receipt oflhe report undersubsection fl) .and after an ex amination of its records as to the health of a miner who is proceeding on leave or about to ceaseto be employed, inform the employer whether-the miner is1 required to be presented for examination. (4) If the Examiner, acting in accordance with subsection (3), requires the miner to be examined, the employer shall instruct and arrange for the miner concerned to be presented for examination by the Examiner. ....... . - (5) Any employer or miner who contravenes or fails to comply with any provision of this section commits an offence.
40
Description of examination
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AI-assisted research summary: An examination under section 39 is called a discharge examination.

40. An examination under section thirty-nine shall be known as u discharge examination.
41
Miners suspected of compensable disease to be examined
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AI-assisted research summary: If a mine doctor suspects tuberculosis or pneumoconiosis in a miner, the doctor must tell the employer, and the employer must arrange an examination by the Examiner.

41. (1) When a medical practitioner employed by the owner of a scheduled mine has reason at any time to suspect that any person employed as a minerat the mine may be suffering from tuberculosis or pneumoconiosis, the medical practitioner shall inform the em ployer who shall arninge.for the1 miner to the examined by the Examiner. . ........... / .i >ni । .¡m-i./h . (2 ) An examination under this section shall be known as asuspect examination. Examination of miners before leave, or dieharj!C Description ofexamina- tion Miners susected of compensable disease to be examined Ex;imiimin 42. (I) Any person who— fur benefits (a) was formally hut is no longer employed ns n miner; (b) is not the holder of a valid certificate of fitness; (c) is not qualified for a periodical examination; or (d) has not. within the twelve months immediately proceeding the application, been examined by the Examiner under this section; may apply for. and shall bcentilled to receive, amedical examination with a view to ascertaining whether the applicant is suffering from a disease for which compensation is payable under this Part. (2) An examination under this section shall be known as a benefit examination. Additional 43. (1) A person who is employed as a miner who — exannnaton on miner’s ‘•‘I1“* (a) believes to be or may be suffering from a respiratory disease which might entitle the person to a benefit under this Act: (b) submits to the Examiner a written request to be specially examined together with a certificate signed .by a regis tered medicalpractitioner to the effect that the medical practitioner considers the request and the belief which led 10 the request to be reasonable; and (c) has informed the employer of the intention to submit a request under this section; shall be entitled to be examined by the Examiner once in any calendar year in addition toany olherexamination prescribed under this Act during that year. (2) An examination under this section shall be known as an additional examination and may be both clinical and radiological. Period of 44. (I) Subject to the other provisions of thisPart, the period of ccnhkwcor validity of a certificate of fitness shall be one year. f'1««“ (2) Notwithstanding the provisions of subsection (I) the Exam iner may. in any case in which it is considered desirable, for medical reasons, make the validity of a periodical or periodical (restricted) or special certificate for a lesser period as the Exitminer may consider appropriate. (3) Whenever a report issued by the Examiner certifies tubercu losis with or without pneumoconiosis in the third stage to be present in a person examined, any certificate of fitness which may be in existence in respect of that person shall forthwith become invalid and the person having custody of the certificate shall return it to the Examiner. (4) , Any'person having custody of a certificate of fitness, who fails io return it to the Examiner as required by subsection (2) commits an offence.
45
Power to correct certificate of fitness
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AI-assisted research summary: The Examiner must recall and cancel an incorrect certificate of fitness, may issue the correct certificate if one is required, and must notify everyone told about the incorrect certificate.

45. (I) When the Examiner has issued a certificate of fitness and subsequently becomes satisfied that, at the'dine of issue, the certificate was incorrect in any respect, the Examiner shall recall and cancel the incorrect certificate. Power to correct ceni Ikata of ilineM (2) If on the facts known lb (he Examiner at the date of recalling an incorrect certificate, (he issue of a certificate is required by any provision of this Act. the Examiner shall on receipt of the incorrect certificate for cancellation, issue the appropriate certificate with particulars as would have been contained had the facts been known to the Examiner at the date of issue of the incorrect certificate. (3) The Examiner shall inform every person who was informed of the issue of an incorrect certificate under this Part that the Examiner has recalled and cancelled that certificate. (4) Any person who refuses orneglects to return to the Examiner any certificate recalled under the provisions of this section commits an offence. ... ,.t. _ ............
46
Issue and custody of certificate of fitness
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AI-assisted research summary: Employers and the Examiner must handle miners’ certificates of fitness in specified ways, and an employer who breaches the section commits an offence.

46. (I) Where any person is entitled to the Issue of a certificate of fitness under (he provisions of this Part — (ai if the person examined is in employment as a miner or is presented to die Examiner by a prospective employer for ■ examination with a view to engage that person as a miner, the certificate shall be sent by the Examiner to the employer dr prospective employer: (bit I'the person examined is neither in employment as a miner nor presented for examination by a prospective em ployer. the certificate shall be senr by the Examiner to the person examined, who shall, when being engaged for work as a miner, deliver the certificate into the custody of the employer, (2) Every employer shall keep custody of each certificate re ceived in accordance with the provisions of subsection (I) during the period of the validity of the certificate and during the continu ance of theemploymenl as a miner of the person in respect of whom the certificate is issued, (3) When a person’s employment as a minerceases, the employer shall deliver to that person the certificate of fitness which was in that employer’s custody. Issue and custody of certificates of fimess Lom or dcsi rayed icnificalc of limess (4) The provisions of subsection (3) shall not apply and the employer shall continue to keep the certificate of fitness if a person has ceased to be employed as a miner but continues to work for the same employer in an occupation other than that of a miner, and the employershall instruct and arrange for that person to attend periodical examinations by the Examiner in accordance with section thirty’ seven. (5) Any employer who contravenes or fails without reasonable cause to comply with any provision of this section commits an offence.
47
Lost or destroyed certificates of fitness
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AI-assisted research summary: The Examiner may replace a lost or destroyed certificate of fitness if the application is made in person or in writing by the person responsible for the certificate, the certificate was still valid, the Examiner is satisfied about the loss and identity, and the prescribed fee is paid.

47. (1) The Examiner may replace a certificate of fitness which has been lost or destroyed where— (a) application for replacement is made in person or in writing to the Examinerby the person responsible under this Part for the custody of the missing certificate nt the lime its loss or destruction was discovered; (b) ai the time of application for replacement, the certificate was still valid; (c) the Examiner is satisfied— (I) that the certificate has in fact been lost or de stroyed; (ii) that any applicant for replacement of a certificate issued in respect of that person is in fact the person in respect of whom the lost or destroyed certificate was issued; and fd) a prescribed fee is paid to the Hund by (he applicant. (2) A certificate issued in accordance with subsection (11 shall be identical in its particulars with the lost or destroyed certificate.
48
Examiner to issue reports
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AI-assisted research summary: After each required examination, the Examiner must issue a report of the findings in the prescribed form.

48. (I) After every examination prescribed under this Part, the Examiner t<> ivuc reports Examiner shall issue a report of the findings in the prescribed form. (2) The original ofeuch report issued in accordance with subsec tion (I) shall— (a) in the case of a person presented by an employer or prospective employer for examination, be sent by the Examiner to the employer or prospective employerand, where the Examiner certifies the presence of • pneumoconiosis ortuberculosis in the person examined, a copy of the report shall be sent to that person; (b) in the case of any other person— (i) if that person is a miner, be sent by the Examiner io such person and a copy of the report shall be sent io the mine al which the person was last employed; • ‘ (ii) if that person is not a miner, be sent by the Examiner to that person.
49
Post mortem examination
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AI-assisted research summary: Medical practitioners who perform a post-mortem must send the deceased’s heart and lungs to the Examiner, with a health report, when tuberculosis or pneumoconiosis is found in the lungs under the stated conditions.

49. (I) Every medical practitioner who carries out a postmortem examination upon the body of a person shall— Post-mortem cxaininatinn (at i fthat medical practitioner finds tuberculosis to be present in the lungs of the deceased and if the medical practitio ner has reason reason to believe that the deceased had at any time been employed as a miner; or (b) if that medical practitioner finds pneumoconiosis to be present in the lungs of the deceased; send the heart and lungs of the deceased to the Examiner, accompa nied by a report as may be supplied as to health of the deceased during the thirty days prior to death. (2) Any medical practitioner who fails to comply with the provisions of subsection (1} commits an offence and shall be liable on conviction to a Une not exceeding one thousand penalty units.
50
Examiner may direct post morten examination
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AI-assisted research summary: The Examiner may order a post-mortem after a miner’s death, and must do so if a qualifying dependant requests it in writing.

50. (I) Where a mirier has died and the Examiner considers ii necessary fortheproperdetermination of the cause of death or of the presence or absence of tuberculosis or pneumoconiosis or the stage of l lie latter if present, the Exnminer muy di rec! l hat n poKl-mortem examination of the body of (he deceased be carried out. Examiner may di reci posi-moncm examinai inn (2 ) Where a miner who has worked at a scheduled mine for not less than five years has died within Zambia, and a dependant of the miner transmits to the Examiner a written request fora post-mortem examination, the Examiner shall direct that a post-mortem exami nation be carried out, (. 1) A post-mortem examination may, for the purpose of this section, be made by any registered medical practitioner in accor dance with arrangements made by the Examiner. PARTY Right to Compensation
51
Right to compensation
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AI-assisted research summary: A worker, or the worker’s dependants if the worker dies, is entitled to compensation for an employment-related accident or disease that causes disablement or death, subject to stated exceptions.

51. (1) If an accident or disease occurs lo a worker arising out of and m the course of employment and results in the worker’s disablement ordeath. the worker, or if the workerdics, that worker's dependants shall beentitled lo compensation in accordance with Ihe provisions of this Act. Right io compensa- ilcn (2) Notwithstanding (he provisions of subsection (I), no com pensation under (his section shall he payable— (a) if (he accident or disease is attributable to the serious and wilfull misconduct of the worker; (b) in respect of death, if the worker dies more than twelve months after the accident or incidence of the disease, unless it is proved that (he accident or disease caused the death or was (he principal contributory cause. (3) For the purposes of this Act, an accident shall be deemed to arise out of and in the course of employment notwithstanding that the worker was at the time the accident happened— (a) acting in contravention of any law applicable to the worker’s employment: (b) acting in contravention of any instructions issued by or on behalf of the employer; or (t ) acting without instructions front the employer: Provided that the accident would have been deemed to have arisen had the act not been done in contraven tion of any law, or instnictionsiof the employer and the act was done for the purposes of and in connection with the employer's trade or business. (4) An accident occuring while a worker is travelling from home to the place of work and from the place of work to home, whether by a vehicle supplied by oron behalf of the employer or by any other means, shall be deemed to arise out of and in the course of employment if the worker was. in the opinion of the Commissioner, travellingby areasonably direct route and with reasonable dispatch. (5) An accident occuring to a worker in or about any premises at which the worker is for the time being employed for the purposes of the employer's trade or business shall be deemed to arise out of and in the course of the employment i fit happened while the worker is taking steps, on an actual or supposed emergency at those premises, to rescue persons believed to be injured or imperilled, or to avert or minimise serious damage to property.
52
Accident during first-aid training or rescue work
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AI-assisted research summary: An injury from an accident during certain first-aid, ambulance, or rescue work is treated as arising out of and in the course of employment if the worker is injured and becomes disabled or dies.

52. When a worker is involved in an accident— tri) while, with (he consent of the employer, being trained in first aid, ambulance or rescue work or engaged in any competition in connection therewith; lb) in, al or about any premises other than the employer's while, with the consent of the employer, engaged in any first aid, ambulance, or rescue work: or Accident during Itrst uid training or rescue work (c) in, at or about, the employer’s premises while engaged in any first aid. ambulance or rescue work; where the worker sustains injury resulting in disablement or death the injury shall, for the purpose of this Act, be deemed to arise out of and in the course of employment.
53
Compensation not affected by other pension
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AI-assisted research summary: Compensation under this Act must not be reduced because the worker or dependants received or will receive a pension or gratuity from the employer or from an employer-funded pension, superannuation, or provident fund.

53. (I) If a worker or any of that worker’s dependants who is entitled to compensation under this Act has received or will receive any pension or gratuity from the employer of the worker, then, in determining the amount of the compensation, no reduction shall be made by way of such pension or gratuity. Compensa tion not affected by other pension (2) Ifaworkeroranyoflhatworker’sdependaniswhoisentilled to compensation under this Act has received or will receive any pension or gratuity from a pension, superannuation or provident fund to which the employer has contributed, then, in determining the amount of the compensation, no reduction shall be made in respect of the amount which has been received.or will be received by (he worker or any of that worker’s dependants from the Fund.
54
( 1 ) Subject to section fifty-three, the Commissioner may in
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AI-assisted research summary: The Commissioner may consider earlier compensation or benefits when awarding or revising compensation, and compensation for a worker may not exceed the amount payable for 100% disablement.

54. ( 1 ) Subject to section fifty-three, the Commissioner may in awarding or revising the award of any compensation to a worker in respect of permanent disablement or to that worker’s dependants, have regard to— Successive awards of compensa tion (a) in the case of a worker, any compensation for permanent disablement previously awarded to (he worker under the workers' compensation law of any country, whether as the result of one or more than one. accident or paid by one or more than one employer, or any benefit granted to the worker under any law on account of permanent disable ment: , (b) in the case of a dependant, any benefits or settlements granted to them under any la w on account of the death of the worker. (2) The compensation payable to a worker, whether in respect of one or more than one accident, shall not, in any case, exceed the compensation payable in respect of one hundred per centum dis ablement: ■■ • ■ । ' ■ • Provided that, in determining such compensation, the calculation shall be based upon the earnings most favourable to the worker al the time of any such accident. (4) Whenever a worker has received compensation for perma nent disablement under this Act and subsequently gets involved in an accident resulting in further disablement in respect of which compensation is payable under this Act, the Commissioner may, if the worker shows to the satisfaction of the Commissioner that it would be advantageous to do so, calculate the worker's compensa tion in respect of the further disablement, on the earning that the worker al the lime of any previous accident in respect of which compensation was paid. Cani meli og out prohib ited
55
Contracting out prohibited
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AI-assisted research summary: Contracts cannot validly make a worker or dependants give up compensation rights, except for a Commissioner-authorised written agreement in limited cases.

55. (I) Any provision in a contract existing at the commence ment of this Act or thereafter entered into, whereby a worker or that worker's dependants relinquish any right to compensation, whether for the worker or for any dependants shall not be valid, (2) Notwithstanding anything contained in this Act, where the Commissioner is satisfied that by reason of old age or serious physical defect or infirmity or any previous injury, a person— (a) if employed as a worker, is most likely to be. involvedin an accident; or (b) if that person meets with an accident, is most likely to sustain injury: the Commissioner may. in connection with any contract for such employment, authorise the worker and the employer to enter in to an agreement in writing that an amount less than that payable under this Act shall be paid in respect of the disablement or death of that person. (3) An agreement under subsection (2)— (a) shall only beeffective when the old age or serious physical defect or infirmity or previous injury has caused or contributed to the accident; and (b) shall not be valid unless the amount agreed to be paid, in respect of the disablement or death is at least one-half of the amount that would otherwise be payable as compen sation under this Act. Deductions from earnings prohibited
56
Deductions from earning prohibited
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AI-assisted research summary: An employer must not withhold worker money or require/allow workers to contribute under this Act; a court may order repayment after conviction.

56. (1) Any employer who withholds any moneys due from employer to any of the workers or any sumwhich the employer is or may become liable to pay as compensation or assessment under (his Act, or who requires or permits any worker to contribute under this Act. commits an offence. (2) Any court convicting an employer of an offence under subsection (I) may. in addition, order the employer to pay the worker any sum the employer unlawfully required or permitted the worker to contribute and such order shall have the effect of a civil judgement of the court. Death or disablement attributed to effects of mctlicai treatment Ci eu instances precluding award of compensa tion (3} No order shall be made under subsect ion (2) unless and until the employer has been afforded an opportunity to show cause why the order should not be made.
57
Death or disablement attributed to effects of medical treat
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AI-assisted research summary: If a worker’s medical treatment after a work-related accident or disease leads to death or disablement, the law treats that result as caused by the accident or disease for compensation purposes.

57. (1) Where a worker has received medical treatment in consequence of any accident or disease arising out of and in the course of employment and the treatment, whether through negli gence or otherwise, results, through no wilful default on the part of the worker, in the death or disablement, or increased or continued disablement, of the worker, the death or disablement or increased or continued disablement shall be deemed to have resulted from the accident or disease and the compensation payable shall be assessed accordingly. (2) Where a worker or any dependant of a worker received any payment, not being compensation payable under this Act, in respect of any disablement, increased or continued disablement or death attributed to such medical treatment, then, in assessing any compen sation payable under this Act, regard shail be had to such payment. (3) Where a workerorany dependant of a worker receives under the provisions of this Act, any compensation or increased compen sation in respect of any disablement, increased or continued dis ablement or death which is attributed to any medical treatment received by the worker, any right of action of such worker or dependant, on account of such treatment shall, if not exercised by the worker or dependant, vest and be exercisable by the Commis sioner or by the exempted employer.
58
Circumstances precluding award of compensation
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AI-assisted research summary: The Commissioner may refuse, suspend, revive, or order compensation and periodical payments for a worker, depending on the worker’s conduct and medical condition.

58. Where there exists any right to compensation in respect of the death or disablement of any worker as a result of an accident or disease the Commissioner may refuse to award the whole or a portion of (he compensation and the Commissioner, or, if autho rized thereto by the Commissioner, (he exempted employer, may further refuse to pay the whole ora portion of the compensation and the Commissioner, or, if authorized thereto by the Commissioner, the exempted employer, may further refuse to pay the whole or any portion of the cost of medical aid— fa) if the worker has at any time represented to the employer or the Commissioner that the worker was not suffering or had not previously suffered from a serious injury or a serious illness knowing that the representation was false, and the accident or disease has been caused by or the death has resulted from or the disablement has resulted from or been aggravated by the injury, or illness; or (b) if, in the opinion of the Commissioner, the death was caused or the disablement was caused, continued or aggravated by an unreasonable refusal or wilful neglect of the worker to submit to medical or surgical treatment • in respect of any injury, or illness whether caused by that ' accident or disease or contracted before the accident or disease concerned. Cessation 59. fl) Subject to section sixty-six. the right to periodical pay- of periodical minis shall cease and the worker shall be entitled io compensation payments for any permanent disablement the worker may suffer— (u) when the worker is, in the opinion of the Commissioner, able to resume.the work at the place which the worker was employed at the time of the accident or disease to other suitable work having the same or greater emolu ments; or (bl when, in the opinion of the Commissioner, the injury or illness causing the disablement has become static and no further medical aid will be required by the worker in respect of the injury or illness before the expiration of eighteen months from the commencement of the dis ablement, (2) The Commissioner may revive the right to periodical pay ments if— (a) the worker suffers further disablement as the result of the same accident or disease; or • (b) the worker undergoes further medical, surgical or remedial treatment necessitating funherabsence from work. if. in the opinion of the Commissioner, the treatment will reduce the disablement from which the worker suffers; and any compensation for permanent disablement payable to the worker shall be suspended while the worker is entitled to periodical payments under this subsection. Suspension 60. (1) If a worker— of right to penodfcat paymems nil refuses or wilfully neglects to submit to medical examina- tjon Qr ¡n any wav wj|fu[|y obsmjets ()r unnecessarily delays such examination; or (bl to the prejudice and wiihout the consent of the employer, is absent in such a manner that any notice under this Act cannot be served upon the worker; ) Workers' Compensation (No. 10 of, 1999 251 ihc right io periodical payments, or die continuance of the pay ments, shalI automatically be suspended during the period that the circumstances exist which gave rise to the suspension, and no payments shall be payable by the Commissioner or an exempted employer in respect of the period of suspension. (2 ) The Commissioner may, on good cause shown, condone (he action of the worker and make or order to be made, such payment or pal lia! payment or a periodical payment io die worker in respect of the period of suspension as in Ihc circumstances the Commis sioner considers just.
61
No abatement of compensation if worker insured
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AI-assisted research summary: Compensation payable under this Act must not be reduced because the worker or dependants receive money under an accident or life assurance policy, except as provided elsewhere in the Act.

61. Except as provided underthis Act, tliereshull be noabatemcnl of the amount of compensation which the Commissioner or the exempted employer has to pay under this Act by reason of the fact that, in consequence of the accident or disease causing disablement or death, money has become due to the worker or the worker's dependants under an accident or life assuranc^policy effected by the worker other than the exempted employer. ki No abalc- mem of compensa tion if worker insured
62
Contract of service not to be terminated during disablement
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AI-assisted research summary: An employer must not end a worker’s contract during disablement without the Commissioner’s consent, unless the worker is medically certified fit to return to the job or permanent-disablement compensation becomes payable.

62. An employer shall not. without the consent of the Commis sioner, terminate a contract of service with a worker who has suffered disablement in circumstances which entitle the worker to compensation under the provisions of this Act until— Conlrncl of service not to be terminated during disablement (al (he worker has been certified by a medical practitioner to ■;. be fit to resume the work for, which (he worker was employed at thetime of the accident or disease concerned; or (¿^compensation for permanent disablement becomes payable to the worker under the provisions (his Aci.
63
Wages for work done
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AI-assisted research summary: A worker disabled by an accident or disease arising out of and in the course of employment is entitled to a proportionate payment from the employer, despite any contract term saying otherwise.

63. Notwithstanding any term, express or implied, in the contract Wages for under which a worker is employed, that the worker is required to do work t,one an entire work for an entire sum, the worker shall, if disabled by an accident or disease arising out of and in the course of employment, be entitled to payment from the employer of such part of the entire sum as bears (he same proportion to the entire sum as (he work done up to the time of the disablement bears to the entire work.
64
Workers not entitled to periodical payments
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AI-assisted research summary: If an employer keeps paying full earnings while a worker is disabled, the worker is not entitled to periodical payments and the employer may be reimbursed from the Fund, unless an exception applies.

64. (I) Whereanemployer.duringthetimea worker is disabled Payment in by an accident arising out of and in the course of employment or periodical disease pays to the worker the full earnings, the worker shaI! not be carriings entitled to any periodical payments and the employer shall be entitled to be reimbursed from the Fund to the extent of the * periodical payments to which the worker would otherwise have been entitled. «- (2) An employer shall not be entitled to be reimbursed under subsection (I) if the employer is—• (i > an exempted employer, (ii) an employer who at the date of the accident was in default in complying with section one hundred and twelve; or (jii) an employer who at the date of the accident was in default in the payment of assessments. PART VI LtAtuuTY for Compensation and Amount and Payment of Compensation Liability io 65. Compensation shall be paid by— pay empensa- (u) the exempted employer: or lion (hl the Commissioner. Amount oi 66. (I) Compensation in the case of total disablement shall be Ua7fbr vnmi «made by periodical payments during the period of disablement and disablement shall be calculated al fifty per cent um of the assessed earnings of the — • worker. (2) Periodical payment under this section shall be made once a month. (3) The Commissioner may pay or order the exempted employer that the payments under subsection (I) be made at shorter intervals than one month, to a proportionate reduction tn the amount of payments. Amount of 67. (1) Compensation in the case of partial disablement shall uo'ii forSa' bear the Siirne ProPort'on ,0 l^c pt-riodieal payments described in partial disubh’incnt nwi1L section seventy-two as the partial disablement bears to total disable- (2) Where a worker who has been receiving compensation for total disablement returns to work with the employer with whom the worker was engaged at rhe time of the accident or incidence of the disease and the return is at a lower rate of earnings than that payable at the time of ihe accident or incidence of the disease, the employer shall inform the Commissioner— (a) of the fact of the difference in 1 he rate of earnings; (bl of the earnings at the time of the accident or incidence of (hedisease:and . .„i, (a) of rhe present earnings of the worker. t.1 i: ■ (3) Periodical payment under this section shall be made once a month. (4) The Commissioner may pay or order the exempted employer that payments under subsection (I) made at shorter intervals than one month, subject to a proportionate reduction in the amount of the payments. <51 Subject to section atty-right, periodical payments for par tial disablement shall not be made for more than eighteen months.

Part

PART VI

68
(I) A worker who has received periodical payments for
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AI-assisted research summary: After 18 months from disablement starts, a worker stops being entitled to periodical payments and is treated as permanently disabled. The Commissioner may continue payments for up to 6 more months if there is proof that no permanent disablement exists.

68. (I) A worker who has received periodical payments for total or partial disablement or for both total and partial disablement for a period of eighteen months from the date of the commencement of the disablement shall no longer be entitled to periodic! payments and shall be deemed to have suffered permanent disability. Limit nf (¡me far periodi* cal payments Amount of compensa tion far permanent disablement (2 ) The Comissioner may. on proof that no permanent disable ment exists in respect of a worker, direct the continuaance of periodical payments during the continuance of any such disable ment for a further period not exceeding six months.
69
Amount of compensation for permanent disablement
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AI-assisted research summary: Permanent disablement compensation is set by the degree of disablement, with a full pension at 50% of assessed earnings, smaller disablement paid proportionally, and minor disablement paid as a lump sum unless regulations say otherwise.

69. (I) Compensation in the case of permanent disablement shall be according to the degree of disablement, and shall be calculated as follows: (a) where the degree of disablement is one hundred per ■. centum, a monthly pension ealculatcdd at fifty per centum of the assessed earnings of the worker, (b) where the degree of disablement is under one hundred per centum but exceeds ten per centum, a monthly pension - bearing the same proportion to the pension calculated in accordance with paragraph (a} as I he degree of such disablement bears to one hundred per centum: (e) where the degree of disubleinnt does not exceed ten per centum. a lump sum so calculated on such basis as the Minister may prescribe. (2)In any case where the lump sum so calculated exceeds that which is prescribed by regulations made under.section one hundred tmdJlfty-H vo compensation shall not be payable as such a lump sum. but shall be payable in accordance with paragraph I bl of subsection (I i. as though that paragraph applied loevery degree of disablement under one hundred per centum (3 Where a worker has sustained an injury or contracted a disease specified in the First Schedule, that worker shall be regarded Tor the purposes of this Act ns being permanently disabled at least to the degree set out for such injury or disease in that Schedule. (4) Where the injury, including any injury to genital parts, or disease is not specified in the First Schedule, a percentage of disablement which is not inconsistent with the provisions of that Schedule shall be regarded as the minimum degree of permanent disablement for the said injury or disease. (5) Nodeduction shall be made from any compensation payable under this section on account of any periodical payments .in respect of total or partial disablement under sections nxiy-fix or sixty- seven, (6) In this section." monthly pension " means u pension payable monthly during the lifetime of the worker. 71) . (1) A worker who is receiving a pension who undergoes medical, surgical or remedial treatment which necessitates further absence from work and which will reduce the disablement from which the worker suffers shall have the entittlement to pension and any children's allowances suspended and the worker shall then be .entitled to payments calculated in the same manner as periodical payments. (2 ) Subsection fl) shall only apply to a worker in respect of whom a period of eighteen months has lapsed from the date of commencement of the disablement. ! (3 ) The suspension of the pension and any children's allow ances under subsection (I) may be fora period as the Commissioner may consider just.

Part

Schedule shall be regarded as the minimum degree of permanent

71
Amount of compensation for death of worker
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AI-assisted research summary: This section sets how compensation is paid when a worker dies from an accident or disease, including pensions for a spouse and children, payments for other dependants, funeral expenses, and when the right starts.

71. (1) Where« worker dies as u result of an ace ide nt or di sense, compensation shall be determined us follows— f«J If the worker leaves as a dependant a spouse and no dependant children, there shall be paid to the spouse a monthly pension equal to four fifths of the monthly pension which the deceased worker had been receiving, or would have received if the worker had been entitled to a monthly pension for permanent disablement: (b) If the worker leaves as dependants a spouse and one or more children, there shall be paid to— (i) the spouse, the monthly pension mentioned in paragraph (a): Further medical aid white receiving pension Amount nt' compensa tion for death of wo r Lei ( ' (ii) the children, in the manner provided in subseclion (3)Wsec\ionei£Ji/-/H»e a'rnoritlilÿ'hllownncoin '''accordance wHh'ihcFourth'ScHedule based on Ibu monthly pension which the deceased worker had been receiving or would have received ifthe worker hadbecn entitled io a monthly pension •. t : ■ in;» -ifiiiy »w fOr permanent disablement; ' (c) If the worker leaves no dependant spouse but one or more childreiras dependants, or. if the surviving spouse dies 'leaving dependant children of the. worker, a monthly •• ’■11 allowance in respect of thechildren shall.be payable,in accordance with the Fifth Schedule based on the monthly ,,(| pension which,the deceased worker had been receiving ii ¿i -. ii: or would have receivedjf the worker had been entitled , ■ to a monthly, pension for .permanent disablement; , . ■ ' • (d) Ifthe worker leaves no dependant children, an amount not ' exceeding three years' earnings shall be paid to any •: ;!t , other dependant wholly dependant upon the worker; * • ■ - (e) if the worker leaves no dependant children or dependants . wholly dependant upon the workerbut leaves adependam whose dependence is:partial, a-sum— ... j .. - - itu * (j) t|)ree (he arn0Unt of the value of the benefits received* by" thé dependant' from the worker •" during the twelve months immediately before X' ,i.r, • -.rdethe accident or incidence of the disease; or - jj! (¡¡) wijjgh could. |)Ut for the death, have been reasonably expected to be received by the dependant from the worker during the twelve months immediately after the accident or "" '"xl *,,',’'i« incidence of the disease: r . . , whichevercanbetierbecalculatedtogivetheamountof „ . „ value of thè benefits: * » ■ . Provided (hat the aggregate amount payable to ii •ii'. dependants under,.this paragraph shall not exceed ■•mi • three year's earnings, over the total.amount of the allowances likely to be payable under paragraph fcj and any additional compensation shall be paid to any other dependant in proportions as the Commissioner . *. . . may determine. Compensa li on where worker in receipt nJ' pen mi hi dies (2) No dependant who was not wholly dependent upon a worker shall be entitled to receive a greater payment than that to which the dependant would have been entitled under paragraph f c) of subsec tion (1). • (3) Except as is provided in section sixty, no deduction shall be made from the compensation awarded under this section in respect of any compensation awarded to the worker for the same accident or disease. (4) The right to any pension or allowance in respect of a deceased worker shall vest on the date of that worker's death, and the amount of the pension or allowance shall be calculated from chat date. (5) Where a worker diesas a result of an accident or disease and the funeral expenses have been paid by any dependant or person, there shall be paid to that dependant or person the total amount of the funeral expenses or such amount as the Minister may, by statutory instrument, prescribe.
72
Compensation where worker in receipt of pension dies1
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AI-assisted research summary: If a qualifying worker dies, the spouse or dependent children may receive monthly pension-related payments.

72. (1) Where a worker who is receiving a monthly pension for permanent disablement or who would have been entitled to that pension dies due to other causes than the accident or disease for which they pension is being paid, the spouse shall be paid a monthly pension equal to four-fifths of the monthly pension which the deceased worker had been receiving or would have received if the worker hud been entitled to a monthly pension. (2) Tn addition co the monthly pens ion payable under subsection (1). the spouse shall be paid a monthly allowance for any dependent children of the deceased worker calculated in accordance with the Fourth Schedule and based on the monthly pension payable to the deceased worker at the time of death. (3) Where a worker who is receiving a monthly pension for permanent disablement or who would have been entitled to that pension dies due to other causes than the accident or disease for which the pension is being paid and leaves no spouse but one or more children, there shall be paid to the child or children a monthly allowance in accordance with the Fifth Schedule bused on the monthly pension payable tn the deceased worker at the time of dearth. (4) Where a spouse who is in receipt of a pension under subsec tion (I) dies and leaves dependent children of a worker, there shall be paid to the children the allowances prescribed in subsection (3).
73
Diminution of children's allowances
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AI-assisted research summary: Children's allowances can be reduced or stop if a child no longer qualifies because of age, marriage, or death, but section 74 allows the Commissioner to keep the child treated as a child in some cases.

73. If, owing tn age. marriage or death, any child ceases to fall within the definition of " child ", the allowance prescribed in this part shall, subject to section seventy-four, be diminished or ceased. Dimunltinn of children's allowances 74, If any child of a deceased worker who does not fall within the definition of the term " child " is— ful unable, by reason of metal or physical disability to earn an income; or (bi attending a full-time educational course; Child over se ven icon may continue to receive allowances the Commissioner may, upon application of any interested person, declare that the child shall be deemed to be a child for the purpose of determining the allowances for children under this Part for such period as the Commissioner may determine.

Part

part shall, subject to section seventy-four, be diminished or ceased.

75
Pensioner absent from country
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AI-assisted research summary: A pension-receiving worker who wants to live outside Zambia must get the Commissioner’s written permission, and the Commissioner may cut off, suspend, or reduce the pension if required proof is not provided.

75. (1) If a worker who is receiving a pension under this Act wishes to reside outside Zambia, that worker shall seek the written permission of the Commissioner which shall stipulate the period for which such residence is permitted, Pensioner ab scrii from country (2 ) Any worker who resides outside Zambia without the Commissioner's permission or who outstays the period laid down in the permit grunted under subsection (I), shall, at own expense, furnish proof of the continuance of the degree of disablement for which compensation was awarded and such other particulars ¡is the Commissioner may require, (3 ) Where a worker fails to furnish proof of continued disable ment or provide such other particulars as required under subsection (2). the Commissioner may discontinue, suspend or reduce the pension due to that worker.
76
Dependant absent from country
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AI-assisted research summary: A dependant living outside Zambia when the worker dies must get the Commissioner’s written permission, and the permission must state how long the residence is allowed.

76. (I) WhereadependantresidesoutsideZambiaatthetimeof death of the worker, that dependant shall seek the written permis sion of the Commissioner which shall stipulate the period for which such residence is permitted. Dependant absent from country (2 ) Where a dependant resides outside Zambia without the Commissioner's permission or outstays the period laid down in the permit granted under subsection (I), the Commissioner may award a lump sunt payment, in place of the pension payable to any dependant under this Act.
77
Pension to cease on remarriage and gratuity to be paid on
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AI-assisted research summary: A spouse’s pension stops when they remarry, but a gratuity equal to 24 times the monthly pension must be paid. Child allowances are not affected. Certain spouses and allowance recipients must notify the Commissioner of marriage or other listed events within set deadlines.

77. (IJ Subject to subsection (3) if a spouse who is receiving a pension under the provisions of this Act marries, the pension payable to that spouse shall cease with effect from the date of the marriage. Pension to ccusc on remarriage and gratuity io be paid on remarriage 4 « * I (2) The provisions of subsection (I) shall not tiffed any allow-. ancc payable in respect of children of the deceased worker to whom the spouse was married. (3) Notwithstanding subsection (I), where the pension payable to a spouse ceases there shal I be paid to that spouse an amount equal to twenty-four limes of the monthly pension. sioncHo be informed of month of the death, notify the Commissioner of that death. vmrkcrfeif. (2) Where a spouse who receives or is entitled to receive a (D On death of a worker, the spouse shall within one Method of calculating camines pension in respect of the death of a husband or wife marries, that spouse sha 11. with i n on c mont h o f the date of the nia rn age, ri ot i fy t he Commissioner of the marriage. (3) Any person whoreceives an allowance in respect of a child of a deceased worker shall within fourteen days notify the Commis sioner of the happening of any of the following events: (a) the death of the child; (b) the marriage ofthe child; or fc) the cessation of the conditions for which the Commis sioner has made adeclaration undersectonjevemy-yot/r. (4) Any person who contravenes any provision of this section commits an offence.
79
Method of calculating earnings
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AI-assisted research summary: This section sets how a worker’s earnings are calculated, including what to include and exclude, and how to convert weekly earnings to monthly earnings.

79. (I) The earnings of a worker shall be computed in a manner best calculated to give the monthly rate at which the worker was remunerated by thecmployerat the time ofthe accident or incidence of the descase concerned. '• (2) In computing earnings under subsection (1) regard shall not be had to temporary absence from work during sickness, holiday, leave or unemployment. (3) The earnings of a worker computed under subsection (1) shall also include twelve and one half per centum of the workers' basic wages or basic salary but shall not include any of the following: (a) remuneration of intermittent overtime; (b) casual payments of a non-recurrent nature: (c) sums paid by an employer to a worker to cover any special expenses incurred by the workeron account ofthe nature of the work; ul) ex-gratia payments, whether made by the employer or other person; (el sums paid under any provident fund: .■ • / (f) payment by way of pension; special cash payment, other than the normal leave pay made when the worker is going on leave; (hl housing allowance or the cost of any food or quaters supplied by the employer: or (t) cost of living allowance. (4) Where a workers'remuneration is— . , ’ fajftxed at a rate calculated upon work performed; or (b) subject to fluctuation by reason of the terms of the employment: the eamings shall be the average monthly remuneration from similar work upon the same terms of remuneration for a period not exceedimg twelve months immediately preceding the accident or incidence of the disease, ............ , (5) Where it is impracticable to compute a worker’s earnings due to the shortness of time during which a worker has been in the employment of a particular employer, the eamings shall be calcu lated as follows— L ( (a) upon the basis of the amount which the worker earned at work on the same terms of remuneration with another employer during the twelve months immediately' preceding the accident or incidence of the disease concerned; or (bl upon the basis of the amount which, during the'twelve months immediately preceding the accident, has been earned by other workers with the same employer at . similar employment on the same terms of remuneration or would have been earned by the worker during the preceding twelve months had the worker been cm- • ployed. .. ij i,, । •< |t (6) Where a worker has entered into contracts of service with two or more employers the earnings shall’be computed as if they were earning in the employment of the employer for whom the worker was working at the time of the accident or incidence of the disease. (7) Nothing in this section shall be construed so as to prevent the computation of earnings on a weekly basis, and. where earnings are so computed, the monthly earnings shall be calculated as equal to four and one-third times the amount of the weekly earnings. Calculation of earnings of perma nently disabled worker under iwcnly-one years
80
Calculation of cantings of permanently-disabled worker
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AI-assisted research summary: For permanently disabled workers who were under 21, or serving an apprenticeship or learnership, compensation is calculated using earnings they would have reached later.

80. Where a worker who has suffered permanent disablement was, nt the dale of the accident or incidence of the disease concerned, tinder twenty-one years of age or was employed under u contract of apprenticeship or learnership, the amount of compen sation for the permanent disablement sh u 11 be based on the earnings which that worker would have been receiving at the end of three years after the accident or incidence of the disease or upon comple tion of the apprenticeship or Icarnership. Payment itf tump sum n lieu of pension
81
Payment of lump sum in lieu of pension
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AI-assisted research summary: The Commissioner may, on the worker’s application, pay a lump sum instead of all or part of a permanent disablement pension in the cases described here.

81. (I) Where the monthly pension for permanent disablement does not exceed an amount as may be prescribed, the Commissioner may. upon the application of the worker, pay or order the payment of a lump sum instead of a portion or the whole of the pension, (2 ) Where the pension exceeds the prescribed amount, the Commissioner may, upon the application of the worker, instead of aportion of (he pension, pay ororderthe payment of a lump sum not exceeding the maximum sum which would have been payable under subsection (1) had the pension not exceeded (he prescribed amount: Provided that if the balance of the pension payable is less than that prescribed by the Minister by regulation per month, the Com missioner may pay or order the payment of a lump sum instead of the whole of (he pension. (3 ) Any lump sum under this section shall be calculated on a basis prescribed by the Minister and payment shall be subject to the control of the Commissioner as provided in section eight-three. (4 ) Where the Commissioner pays or orders the payment of a lump sum instead of the whole of a pension the Commissioner may also pay or order the payment of a lump sum of any children’s allowances which the Commissioner has. under the provisions of subsection (3) of section eight-three, determined shall he paid to the worker.
82
Worker requiring constant attendance
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AI-assisted research summary: If a compensable injury or disease leaves a worker needing constant help, the Commissioner may grant an extra allowance or require an exempted employer to pay one.

82. (I) Whcrethcinjuryordiseascinrcspcctofwhichcompen- sation is payable causes disablement ofsucha nature that the worker is unable to perform (he essential actions of life, without the constant help of another person, ihe Commissioner may from time to time grant an allowance in addition to any other benefits under this Act. or require an exempted employer to pay an allowance, towards the cost of (hat help as may be required for a specified period. Worker requiring constant attendance (2) The Commissioner may revise any order made under the provision of subsection (1). . ... ■ 83. {I) Where compensationis payable in the form of a lump Control of sum by an exempted employer; that sum shall, unless the Commis- Paymcnl 01 sioner otherwise directs, be paid,to the Commissioner to be dealt Go^PCnia with tn the manner provided in this section and the receipt of the Commissioner shall be a sufficient discharge in respect of the amount paid. (2) Any compensation payable in the form of a lump sum to a worker or dependant may, for reasons considered by the Commis sioner to be sufficient— . . • h ■ , (a) be paid to the worker or dependant in the form of a lump sum or in instalments, or to or on behalf of persons dependent for maintenance on the worker or depedant: (b) be mvested.or applied as the Commissiner may consider to ■. he to the advantage of the worker or dependant, or those <r. - depedent oh either of them for maintenance; (cj be paid to a trustee or other person to be used subject to such conditions as may be imposed by the Commissioner; or (d) be dealt with partly in one and partly in another or in more ..........._ , than one of the ways mentioned in paragraphs (a), (b) tmd fcj, *as the Commissioner may 'determine. (3) Any children’s'allowance.payable under the provisions of this Act shall be paid to the parent, step-parent, adoptive parent or such other person on,behalf or for the benefit of the child as the Commissioner may determine.
84
Where employer is liable to pay compensation
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AI-assisted research summary: If an exempted employer must pay a pension or children’s allowance, the payment is to be made by the employer, or by the Commissioner if agreed and funded by the employer.

84. Where a pension or children’s allowances are payable by an exempted employer, the payments shall be made— by the exempted employer; or (b) by agreement with the Commissioner, by the Commis- .: ... sioner from funds furnished by the exempted empfoyer for this purpose. Where employer is * liable io pay pension
85
Advances against compensation
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AI-assisted research summary: The Commissioner may advance compensation in some cases, and workers or dependants must give notice and lodge compensation claims within the stated time limits, subject to stated exceptions.

85. (1) In anticipation ofthe award of compensation, the Com missioner may. where the interest or pressing need of the worker or of a dependant warrants it. make an advance as the Commissioner may determine. Advances against co Ripensa- liui. (2> Any moneys advanced in terms of subsection (I) shall be recovered, in such instalments and in such manner as the Commis sioner may decide, from any amounts awarded as compensation to the worker or the dependants. Review of 86. The Board may, in consultation with the actuary, not more lhan once in each calendar year, review any amount payable under alloivinccs^ this Part as pension or children's allowance and may increase the amount so as to compensate fully or partly forthe increase in the cost of living according to the official cost of living index of the Republic, PART VII Procedure for Obtaining Compensation Notice of 87. (I) In order that compensation may be obtained under this accident or aC(__ disease to be eivcn f«) notice of an accident or incidence of a disease causing disablement or death of a worker shall be given by or on behalf of the worker, or a dependant of the worker, as soon as reasonably possible after the occurance of the accident or incidence of the disease to the employer, ft) except as is otherwise provided in this Act. a claim for compensation shall, in the case of disablement, be lodged with the Commissioneror the exempted employer, within twelve months after the date of the accident or incidence of the disease or. in the case of death, within twelve months after the date of the death. (2) Where a worker has been receiving periodical payments, a claim forcompensation for permanent disablement in respect of the same accident or disease shall be lodged within twelve months after the date on which the periodical payments finally cease to be payable. (3) No claim forcompenastion under this Act shall be considered unless it is lodged with theexempted employerorthe Commissioner in the manner prescribed within twelve months after the date of the accident or incidence of the disease, or in the case, of death, within twelve months after the death. (4) The provisions of paragraph fAj of subsection (1) shall not be construed as enabling a claim to be made for compensation in respect of a death which occurred more than twelve months after an accident or incidence of a disease, if no claim for compensation has been made by the worker within twelve months after the date of that accident or incidence of the disease. (5) Notwithstanding anything contained in this section— . (a) failure to give notice shall notbarthe right to compensation if it is proved that the employer hud knowledgeof the accident or incidence of the disease from any other source at or about the time of the accident or incidence of the disease: fb} failure to give notice or to make a claim within the period of twelve months mentioned in this section or any defect • or inaccuracy shall not bar the right to compensation if, in the opinion of the Commissioner— ■ * . . (i) the fund or the exempted employer is not or would not be, if notice or an amended notice were then given, seriously prejudiced by the failure, de fect or inaccuracy; or (ii) the failure, defect or inaccuracy was occasioned by a mistake, absence from Zambia, or other reasonable cause.

Part

PART VII

88
(I) Every employer shall, within three days after having
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AI-assisted research summary: Employers must report certain worker accidents or diseases to the Commissioner within three days, and may use an alternative reporting schedule only if specifically authorised.

88. (I) Every employer shall, within three days after having— (a) gained knowledge of the occurence of an accident or incidence of a disease in respect of a worker, report the same to the Commissioner in a form, as may be pre scribed; and (h) received written notice of an accident or (he incidence of a disease in respect of a worker: Employer io give notice of accident disease to Commis- duivi forward the written notice to the Commissioner. (2) Any employer who fails to comply with the provisions of subsection ( I ) commits an offence. (3) A report made by an employer to the Commissioner under the provisions of subsection (I) shall constitute a claim for compensation by the worker notwithstanding that it may contain information which would negative the claim. (4) Notwithstanding the provisions of subsection (I), an em ployer may. if specifically uuthorised by the Commissioner, report accidents or the incidence of diseases at intervals and in a manner as the Commissioner may. from time to time aprove.
89
Additional information to be supplied
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AI-assisted research summary: Workers and employers must provide additional particulars about accidents or diseases when required, and failing to comply is an offence.

89. (1) A workershall supply further particulars of any accident or disease as theemployer.TribiinalorCommissionerinay require. Additional informtion io be supplied (2) An employer shall supply further particulars of any accident or disease to or suffered by a worker, the earnings of that workerand such other matters as are within the knwoledge of the employer concerning the worker and the accident or disease as the Tribunal or Commissioner may require. (3) A worker or employer who fails to comply with the provi sions of this section commits an offence............... Entry nf judgement in favour of Board Worker io furnish medical ceni tientes Commis sioner may require medica) re puns etc.
90
(I) Where an employer is convicted for the contravention of
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AI-assisted research summary: If an employer is convicted under the cited sections, the court must enter judgment for the Board for the Board’s loss, and the Board may recover the ordered sum as a civil debt.

90. (I) Where an employer is convicted for the contravention of subsection (I) of section eighty-eight or subsection (2) of section eighty-nine the Court before which the employer is convicted shall, on the application of the Board and in addition to imposing any penalty, enter judgement in favour of the Board fora sum equal to the loss suffered by the Board on account of the employer’s default. (2) The sum for which judgement is entered in favour of the Board under subsection (1) shall not exceed the full amount of the compensation payable on account of the accident or disease in respect of which the employer was in default. (3) Any sum ordered by the Court under subsection (1) shall be recoverable by the Board as a civil debt. (4) In this section “compensation ".in the case of a continuing liability, includes any sum determined by the Commissioner as the capitalised value of the pension, whether or not a lump sum is paid at any time in lieu of the whole or part of the pension, periodical payment or allowance which constitutes the liability.
91
Worker to fu rnish medical ccrt i fi cates
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AI-assisted research summary: A worker claiming compensation must provide a medical or dental certificate when required, and the employer must pass on any such certificate to the Commissioner.

91. (I) A worker who claims compensation shall, when re quired by the Commissioner or exempted employer, furnish a certllicale from amcdlcal pniCliunei ui dentist, showing; the until re and extent of the workers injury or illness, whether or not the worker is fit for work and the reason for the unfitness, if any, and the period of likely temporary disablement. (2) Where any certificate is forwarded to the employer in terms of subsection (1), the.employer shall toward the certificate to the Commissioner.
92
Commissioner may require medical reports, etc
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AI-assisted research summary: The Commissioner may require an injured or ill worker to provide medical reports, and the Fund pays any related fee. The Commissioner may also call evidence of death.

92. (I) TheCommissionermayatanytimerequircanyworker who has suffered any injury or contracted any disease to obtain and furnish to the Commissioner medical reports concerning the condi tion and extent of the injury to. or disease suffered by the worker, and any other mutter necessary to enable the Commissioner to carry out functions under this Act. . (2) Any fee payable for arepon or other matter under subsection N) shall be paid out of the Fund. Commis si oner may call evidence of deaih
93
Commissioner may call evidence
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AI-assisted research summary: The Commissioner may require evidence of a death and may require a compensation claimant to submit to a medical examination.

93. In (he case of death of a worker as a result of an accident or disease or where any person who is in receipt of compensation dies, the Commissioner may call for evidence of the death of the worker or person as may be required for the puqwses of this Act. Worker claiming compensa tion to submit tn medic) examination 94, CD The Commissioner or an exempted employer may re quire that a worker claiming compensation or to whom compensa tion has been paid submits to medical examination. (2 ) The request under subsection (I) shall be by written notice and the examination shall be by a medical practioner nominated by the Commissioner or the exempted employer, at a time and place to be agreed. (3) Any expenses incurred by the worker in complying with the provisions of this section shall be paid by the Commissioner or the exempted employer. (4) A worker shall be entitled to have a medical practitioner nominated by the worker, to be present at any examination made under the provisions of this section.
95
Procedure upon information of accident
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AI-assisted research summary: When the Commissioner learns of a worker accident that might lead to a claim, the Commissioner must investigate and may supply information on request to help the worker or employer comply with the Act.

95. Whenever it comes to (he notice of the Commissioner that Procedure an accident has happened to a worker which might result in a claim ^formation under this Act. the Commissioner shall— of accident (a) make or cause to be made an inquiry, ar take or cause to be taken other steps as may be deemed necessary to enable the Commissioner decide on any claim or question of liability under this Act: (b) at the request of an injured worker or of that workers employer, supply ¡information as the Commissioner considers necessary tocnable the workerorthat worker's employer to comply with the requirements of this Act.
96
Procedure on presentation of claim
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AI-assisted research summary: The Commissioner must determine compensation claims after necessary inquiries, decide disablement where a worker has permanent disablement, and notify the claimant and any concerned exempted employer in writing.

96. (1) Upon receipt of any claim for compensation the Com missioner shall, after making inquiries as may be considered necessary. determine the claim in part or in ay hole. Procedure on presentation of claim (2) Where a worker has suffered permanent disablement, the Commissioner shall determine the degree of disablement of that worker in relation to the First Schedule and all the circumstances of the case. (3) The Commissioner shall, as soon as a determination has been made under the provisions of this section, by notice in writing, inform the claimant and the exempted employer, tf such employer is concerned, of the result of the determination.
97
Provisional settlement of claim by exempt employer
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AI-assisted research summary: The Commissioner may allow an exempted employer to make provisional compensation settlements, and the employer must report those settlements to the Commissioner.

97. (I) Notwithstanding anything contained in this Act, the Commissioner may authorise an exempted employer to make provisional settlements of claims for compensation with a worker. (2) The employer who settles a claim for compensation under subsection (I) shall report the provisional settlement to the Commissioner, giving particulars and at intervals such as the Commissioner may determine. (3) The Commissioner may either confirm provisional settle ment made by an employer under subsection (I) or proceed to determine the claim in the manner provided in this Part as if lite provisional settlement had not been made. Provisional seulement of claim by exempted employer Commis sioner may require employer io make periodical payments
98
Commissioner may require employer to make periodical
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AI-assisted research summary: The Commissioner may require an employer (except an exempted employer) to make periodic compensation payments to a disabled worker, and must refund the employer those payments made under subsection (1).

98. (T) The Commissioner may require ¡in employer, other than an exempted employer to make periodical payments of compensa tion in cash or in kind or both in cash and in kind to a disabled worker, (2) The Commissioner shall refund to an employer, such periodical payments as the employerhas made to a worker under the provisions of subsection ( 1 ): Provided that, before making any refund in respect of payments in cash, the Commissioner may require the transmission of a certificate, in the prescribed form, of the payment. PART VIII Medical Aid First.aid

Part

PART VIII

99
First aid
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AI-assisted research summary: Employers must provide first-aid appliances and services, and must promptly arrange conveyance for injured workers when needed.

99. (1) An employer shall provide and maintain appliances and services as may be prescribed for the rendering of first aid to workers in case of any accident in respect of the trade or business in which the employer is engaged; (2) The provisions of subsection (1) shall not apply where appliances and services for (he rendering of first aid are provided and maintained in accordance with the provisions of any other written law. (3) Any employer who fails to comply with the provisions of subsection < 1 ) commits an offence. Conveyance of injured worker 11)1). (1) in the event of an accident occuring to a worker in (he course of employment which necessitates removal to a hospital or that workers' place of residence, the employer shall forthwith provide the necessary conveyance for that worker. Medical aid expenses (2) The Commissioner or the exempted employer shall defray the reasonable expenses incurred by any person in complying with the provisions of subsection ( 1 ). (3) Any employer who wilfully fails to comply with the provisions of subsection ( 1 ) commits an offence;
101
Medical aid expenses
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AI-assisted research summary: The Commissioner or an exempted employer must pay reasonable and necessary worker medical and related expenses caused by an accident at work, subject to prescribed limits and certain conditions.

101. (1) Subject to the provisions of this section, the Commissioner or an exempted employer shall defray any expenses reasonably and necessarily incurred by a worker as the result of an accident arising out of, and in ¡the course of, employment in respect of the following matters: ¡af dental, medical, surgical or hospital treatment; (b) nursing services; (c} the supply of medicines and surgical dressing; (d) travelling and subsistence in connection with the worker’s journey to and from and treatment in u place either within or outside Zambia where the worker was directed by a medical practitioner to go for treatment; or for the obtaining of any artificial limb or apparatus referred to in paragraph (e): (e) the supply, maintenance, repair and renewal of artificial limbs and apparatus or aid necessitated by the accident and the repair or replacement of artificial limbs or apparatus or aid used by a worker in the course of employment and damaged or destroyed as the result of an accident. (2) The liability of the Commissioner or an exempted employer shall be limited— (a) in the case of the matters mentioned in paragraphs [nJ tofr/J of subsection ( 11. to an amount as may be prescribed; and . (d) in the case of the matters mentioned in paragraph (cd of subsection (I ). to an amount as may be prescribed. (3) Notwithstanding subsection,(2) if the Commissioner is sat isfied on a medical certificate that the injury to the worker was of a serious nature, the Commissioner may determine that an additional amount as is considered just in the circumstances shall be paid. (4) The Board or an exempted employer shall only be liable in respect of travelling and subsistence expenses in connection with a worker’s journey to and from and treatment in a place outside Zambia if the Commissioner has approved of the journey. (5) For the purposes of this section, hospital treatment shall include the maintenance of a worker detained in hospital. 102 All disputes as to liability for or the necessity for or the character or sufficiency of any medical aid provided or to be provided under this Part shall be determined by the Commissioner.
103
The fees and charges for medical aid to a worker shall be
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AI-assisted research summary: The Minister may prescribe a fee scale for medical aid to a worker after consultations, and charges must follow that scale.

103. The fees and charges for medical aid to a worker shall be in accordance with such a scale as the Minister may prescribe after consultations with association or bodies representing medical prac titioners or dentists entitled to practice in Zambia, and no claim for an amount in excess of a fee in accordance with that scale shall lie* against any worker, the Commissioner or an exempted employer in respect of any medical aid. - ■ .... . i„ Decision of Commis sioner in regard to medical aid Power to prescribe fees for medical aid PART IX Compensation Fund Establish ment iif Fund

Part

PART IX

104
Establishment of Fund
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AI-assisted research summary: The Workers' Compensation Fund is to be established and maintained, funded from listed sources, and managed for the Act’s purposes.

104. (I) There shall. on the commencement of this Act. be established and maintained a fund to be known ¡is the Workers' Compensation Fund which shall be vested in the Board. (2) The Fund shall consist of — (a) the assessments paid by employers under this Act: (b)uny moneys paid by employers to the Board tinder this Act: fc) any moneys paid as penalties imposed under tliis Act. other than penalties imposed by a court of law; id) interest from investments of the Fund; ie) any moneys transferred under the provisions of paragraph fri of section one hundred and forty-four. if) any payments made to the Board by exempted employers under the provisions of this Part; and (g) any other sums to which the Fund may become entitled. Application of Fund. ¡05 . (I) The moneys of the Fund shall be applied by the Commissioner for the purposes of this Act and in payment of (he expenses of the due administration thereof. (2) Any surplus in the Fund may. with the approval of the Minister— ful be applied by the Board in the reduction of future assess ments: or (b) be transferred to reserves. (3) There may be established within the Fund .such reserve funds as the Board, with the approval of ihe Minister, considers necessary for the purposes of this Act.
106
Payment of compensation by Commissioner in respect of
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AI-assisted research summary: The Commissioner may, with the Board’s approval, pay compensation from the Fund to a worker who became entitled under the repealed Acts when the employer was uninsured and compensation has not been fully recovered.

106. (I) Where under the provisions of the repealed Acts a worker has become entitled to compensation from an employer who was required by the repealed Acts to be insured, but who has not so insured, and from whom no or insufficient compensation has been recovered by the Board, the Commissioner may. with (he approval of the Board and notwithstanding anything to Ihe contrary con tained in this Act, pay to the worker from the Fund the amount of compensation or. where insufficient compensation has been recov ered. the amount by which such compensation is deficient. (2) Any sum paid by the Commissioner to a worker under subsection (11 shall be a debt due to the Board by the employer of such worker and may be recovered from the employer by the Commissioner us a civil debt Payment of CoinpensH- lion by Comissioner in rcspcci nf accidents arising under repealed Act Fund» and assets of Board
107
The Board may
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AI-assisted research summary: The Board may borrow money, receive grants or loans from outside Zambia with Minister approval, buy or acquire property for the Act, and pledge Board assets with Minister approval.

107. The Board may— fill borrow money for all or any of the purposes of this Act. or in order to meet any unforeseen contingency or expen diture incurred in connection with the administration of this Act, nr to meet any liquid deficiencies in the Fund: (b) with the approval of the Minister receive grants or loans from outside Zambia: (c) purchase or otherwise acquire property required wholly or partly for the purposes of this Act and alienate any property so acquired; or ftO with the approval of the Minister pledge such portion of (he assets of the Board as may be necessary to provide security for loans received.
108
(I) All moneys received by the Board or by the Commis
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AI-assisted research summary: Money received for the Fund must be paid into a banking account, and withdrawals can only be made by cheques signed by Board-authorised persons.

108. (I) All moneys received by the Board or by the Commis sioner on behalf of the Fund shall be paid into a bunking account and no money shall be withdrawn therefrom except by means of cheques signed by such person or persons as may be authorised by the Board in that behalf. . .. Holding oi useLs of Fund (2 ) A proportion of the Funds shall be held in liquid assets and such proportion may be determined and varied from time to time by the Board, having regard to the due cxecutiotiof the provisions of this Act.,and such liquid portion of the Fund may be held in the banking account or on deposit with banks or registered building societies or in Treasury Bills of the Government. (3 ) The, Board shall hold the remainder of the Fund-in such investments as it may determine.
109
Accounts and Audit
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AI-assisted research summary: The section requires the Commissioners and Board to keep accounts, appoint auditors, and report to the Minister, and it requires liable employers to file statements and comply with assessment rules.

109. (1) TheCominissionershullcausetobekeptproperbooks of account, and otherbooks and records in relation thereto, in which shall be recorded all the financial transactions of the Fund. Accounts amt audit (21 The account of the Fund shall be audited by such person as the Board, may appoint. (3) The Board shall appoint auditors who shall at all times have the right to inspect the accounts of the Fund. (4) The Board shall as soon us practicable but not later than six months after the expiry of each financial year, submit to the Mi n i ster a report concerning the activities of the Board including the audited balance sheet end audited statement of income and expenditure. (5) The Minister shall, as soon as possible after the receipt oft he audited balance sheet and statement of the transactions of the Fund under this Act, lay copies thereof before the National Assembly. PART X Assessment Liability to ] ](j. Every employer, other than— assessment ' fat the State; and (bf any employer exemptedby the Minister under the provi sions of section one hundred and eleven during the period of that exemption; shall be liable to assessment under this Part. Exemption 111. (11 The Minister may. on the advice of the Board, exempt an employer from the payment of assessment lor a period and subject to condilionsas may be prescribed. (2) An employer shall only be eligible for exemption under subsection (I) if---■ (a} the employer proves to the satisfaction of the Minister that there has been established, and provision has been made for the maintenance of a fund for insurance against any liability which may arise under this Ad in respect of the workers; and (b) the employer has deposited sufficient security with the Board, to meet till, claims for compensation which may be due or become due under this Act. (3) TheMinistermuy dispense with the obligation of depositing securities under the provisions of paragraph (b) of subsection (2) in the case of any body incorporated directly by any law*. (4) Any employer to whom exemption was granted under the provisions of the repealed Acts, and whose exemption was in force immediately before the commencement of this Act shall be deemed to have been exempted under the provisions of subsection (I). (5) The Board may, upon the application of an employer rc- ferrvd to in this section, permit the employer to pity assessments in respect of that employer's workers and that employer shall, from a date to be fixed by the Board, cease to be individually liable to pity compensation except in respect of accidents which occurred or diseases that were contracted before that date. Employer.', 112. (I} Subject to section one hundred and /¡J teen. every intwnmdnn employer liable to assessment shall, before a date prescribed by the Minister in each year, or if the employer becomes liable to be assessed after that date, within fourteen days after having become sol ¡able, transmit to the Commissionerà statement in the prescribed form, certified, as* true. showing— (a) the amount of earnings ofeach of that employer’s workers during the past financial year: (b) an estimate of the earnings for which the employer expects to become liable during the current financial year;,and (c) such other information,as may be1 prescribed, or as the Commissione}* ntay require from the employer in respect of that employers workers pr.their earnings. (2) In any'part iculancase,the Commissioner may on good cause shown extend (he.ljme within the statement under subsection ( I ) shall be transmitted: (3) Where an employer carries onfa business in more than one place or carries on more than one class of business, the Commis sioner may require from that employer a separate statement in respect o‘f each such place or class of.business. (4) If in any statement submitted under subsection (1), the amount Of earnings alleged to।have been due and paid during any pericdisless than the.amount actually due and paid the Board: may impose upon the employer who transmitteduhat statement, as a penalty, such proportion, not exceeding ten per centum, of the difference between the amount stated and me correct amount, as the Board may determine. (5) Any employer aggrieved by the imposition of a penalty under subsection (4) may. within twenty-one. days of the imposition or within such longer period as the Tribunal may allow on good cause showm.appeaHó the Tribunal, (6) If in anyjtarnment submitted under, the provisions of para graph (bboi'rsubsection ( 1 kthe estimate p/ earnings for which the employer expects to become,liable during any period is. in the opinion.of the Board; too low. the Board may direct the Commis sioner to estimate th’e’eurnifigs for which thèemployer will probably become'liable during that period and ¡inform (he employer of that estimate. •, . , (7) An employer who fails to comply with the provisions of th is section commits an offence. , /,,,.'•■ , . j. *

Part

PART X

113
Assessment on employers
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AI-assisted research summary: The Commissioner must assess employers, notify them of the assessment and payment date, and employers may challenge published rates within 30 days.

113. ( I ) The Commissioner shall, as soon as practicable after receipt of the statement referred to in section one hundred tinti twelve, assess the employer concerned on the basis of the rates fixed under the.provisions of subsection (2) and.shal.l give notice to the employer of the assessment and of the date on or before which the assessment shall be paid. Assessments on employers (2) Tlit: rules of assessment payable by any employer or class of employers shall be fixed from lime lo time by the Board according to the estimated requirements of the Fund and to the risk and costs of compensation payable as determined by the actuary and the Board may direct that a minimum assessment may be levied on any employer. (3) The Board shall cause notice of the rale of assessment fixed by it under paragraph (a) to be published in the Gazette. (4) Any employer who objects to the rates of assessment fixed by the Board may, within thirty days of their publication, make representations in writing to the Tribunal. (5) After considering any objections under this section the Tribunal may confirm, amend or vary the rates of assessment. (6) The rates of assessment fixed in accordance with subsection (2) shall— (u) be confirmed, amended or varied by the Minister; and (b) be published in the Gazette. (7) The rates under subsection (3). unless the Board otherwise specifics, shall apply to assessments in respect of earnings for the financial year in which they are published. (8) In estimating the rates of assessment deemed to be necessary for the requirements of the Fund, the Board shall make provisions for the capitalised values of pensions and other liabilities due or likely to become due in respect of accidents or diseases during the year of assessment. (9) For the purpose of assessment .earnings shall be determined in a manner as may from time to lime be prescribed, (10) Whenlheeamingsactually paid byancrnployerdurmg any period have been ascertained, the assessment in respect of that period shall be adjusted accordingly. (11) If the annual assessment is less than the adjusted assess ment. the employer shall pay the difference when called upon (o do so. and if the annual assessment is more than the adjusted assess ment. the Commissioner shall refund the difference to the employer or credit the employer with that amount in respect of the employer’s following annual assessment. 112) If an employer has failed to transmitbefore the prescribed date. a siarement ol wages and earnings us rcquired^by section one hundred and twelve in respect of any period, the Commissioner may estimate the amount of wages paid or payable by the employer and assess the employer accordingly. (13) If the amount assessed under subsection (9) would have been greater had the employer transmitted the statement before the prescribed date,the employer shall pay to the Commissioner the difference between the amount assessed and the amount which would have been assessed had the statement been available. (14) If an employer liable to assessment who. in respect of any period, has transmitted to the Commissioner the statement referred to in subsection (1) of section one hundred and twelve has not been assessed in respect of that period, the employer shallmevertheless be liuble to be assessed at anytime thereafter. ■ ., . Assessments Assessments □f employers of domestic workers (15) The Commissioner may, on the application of (he em ployer. pennit payment of an employers assessment by instalments at the times and on conditions as the Commissioner may specify.
114
Assessment variations
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AI-assisted research summary: The Board may give an employer a bonus or special rebate, or charge a higher assessment rate, depending on the employer’s claims and accident or disease experience.

114. (I) If. during any period, the claims, accident and disease occurrence experience of ¡m employer arc. in the opinion of the Board more favourable than the claims and accident or disease occurrence experience of employers ¡n that employer’s class of business, the Board may award that employer as a bonus, a special rebate on any assessment payable or paid'by that employer. (2) If. during any period, the claims, accident or disease occur renceexperience ofan employer are in the opinion of the Board less favourable than the claims and accident or disease, occurrence or experience of employers in that employers class of business, the Board may assess that employerat ahigher rate than that fixed under section one hundred and thirteen.
115
Assessment of employers of domestic workers
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AI-assisted research summary: Employers who hire one or more domestic workers are covered by this section and must pay the assessed amount on the prescribed schedule; the Minister may prescribe the assessment rate and payment procedure, and some other sections do not apply.

115. (I) This section shall apply to every employer who em ploys one or more than one domestic worker. (2) The rate of assessment payable by employer to whom this section applies in respect of domestic workers employed by that employer shall be a sum as the M mister may, afterconsultation wi th and acting on the advice of the Board, prescribe. (3) The assessment payable under this section by an employer to whom this section applies shall become due and payable by the employeron the 30th April i n each year, or. if the employer becomes liable to assessment on a later date, within a period of not more than thirty days from that later date, (4) The provisions of sections one hundred and two. one hun dred and thirteen and one hundred and fourteen shall not apply to any employer to whom this section applies in relation to any domestic servant employed by that employer. (5) The Minister may. by statutory instrument, make Regula tions prescribing — (a) the nite of assessment payable under this section; (b) the procedure to be followed and the form to be used in connection with the payment of the assessment. Comribu- 116. (I) Notwithstanding anything contained in this Act, tin exempted exempted employer shall, subject to the provisions of subsection employers (2),pay annually to (he comissioner in a manner and at a time as the Commissioner may determine and notify to the employer, the contributions towards the expenses incurred by the Commissioner in the administration of this Act in relation to that employer as the Board may consider equitable. (2) . Any employer aggrieved by— (a) the liability to pay contributions; (b) the amount of contributions payable by that employer: or lc) the manner or time of payment of contributions; may. within thirty days of the notification by the Commissioner of the amount of contributions manner and lime of payment, appeal to the Tribunal. PART XI Worker's Compensation Tribunal Establish- 117. There is hereby established a Tribunal to be known as the Tribunal Workers' Compensation Tribunal. Composition 118. The Tribunal shall consist of a Chairperson, and four other members appointed by the Minister as follows— of Tribunal (a I a legal practitioner of at least ten years* standing who shall be the Chairperson; (b) a medical practitioner in the service of the Government; (cl a trade union representative; and (d) two other persons. Tenure of 119. A member of the Tribunal shall, subject to section one office of hundred and twenty, hold office for a period of four years from the date of appointment and may be eligible for re-appointment for a further like period. Vacation of 120. (I) The office of a member of the Tribunal shall become officeof vacant— me mb er (a) upon, the member's death; (b) if a member is absent without reasonable excuse from three consecutive meetings of the Tribunal of which the member had notice: (e) if the member is an undischarged bankrupt: (d) if the member who is a legal practitioner or medical practitioner ceases to practice as such on disciplinary grounds: (el if the member is convicted of a criminal offence and sentenced to a term in prison exceeding six months. (2) Ifa vacancy occurs in accordance with subsection (1 ),anew member may be appointed in accordance with section one hundred and eighteen, but that member shall hold office only for the unexpired pan of the term. (3) A person shall notsiloractasa memberof the Tribunal if that person has given professional advice in regard to the accident or disease to any party who may become liable for the payment of compensation under this Act.

Part

PART XI

121
Remuneration of members " ••»«»
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AI-assisted research summary: The Minister may determine the remuneration and allowances payable to Tribunal members.

121. There shall be paid to members of the Tribunal such remuneration and allowances as the Minister may determine.
122
Secretariat of Tribunal
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AI-assisted research summary: The Minister may appoint properly qualified officers for the Tribunal’s Secretariat, and the Tribunal’s records must be filed and kept there; the records may be inspected and copies obtained on payment of the prescribed fee.

122. 11) There shall be a Secretariat for the Tribunal which shall consist of such properly qualified officers as the Minister may appoint. Reiuunera* lion of members Secretariat ofTribunal (2 ) The records of all the proceedings of the Tribunal shall be filed and kept at the Secretariat and may be inspected and copies obtained upon payment of the prescribed fee.
123
Functions of Tribunal
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AI-assisted research summary: The Tribunal must hear appeals under the Act and do other functions assigned to it, including matters incidental to its functions.

123. The functions of the Tribunal shall be — (a) to hear any appeal made to it under this Act; Functions of Tribunal (b) to perform such other function us arc assigned to it under this Act; (c) generally, to deal with all matters necessary or incidental to the performance of its functions under this Act.
124
Decision of Tribunal
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AI-assisted research summary: The Tribunal decides matters by majority vote of the members present, except that questions about whether an issue is one of fact or law are decided by the Chairperson alone.

124. All questions or matters requiring to be decided by the Tribunal shall be decided by a majority vote of (he members present except any question as to whether a matter for decision is a matter of fact ora matter of law. shall be decided by the Chairperson alone.
125
Procedures of Tribunal
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AI-assisted research summary: The Chief Justice must make rules for Tribunal procedure, and the Tribunal may act on its own principles where the rules do not cover a case.

125. (1) The Chief Justice shall make rules to regulate the procedures of the Tribunal and. in any case not covered by the rules, {he Tribunal shall act in a manner and on principles as it considers best suited to do substantial justice and to effect and carry out the objects and provisions of this Acl. (2 ) Rules made under this section may provide for the examina tion, at the insuinee of the Tribunal, by a medical practitioner or a dentist of a worker who is a party to the dispute, Decision of Tribunal Procedures of Tribunal Representa tion of panics (3 ) TheTribunal may appoint technical experts to assist it in the performance of functions under this Act.
126
Representation of parlies
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AI-assisted research summary: At a Tribunal hearing, a party may appear personally or through listed representatives, and the Chairperson may allow another person to appear.

126. (I) At any hearing before the Tribunal' any party may appear— (a) in person; fij by a legal practitioner; (c) by .a member of that party’s family; (d) by aperson in the permanent and exclusive employment of the party; (e) in the case of a worker, by an officer of a trade union, or an officer of an organisation approved by the Minister; (f) in the case of an employer, by an officer of an employers' organisation; (g) in the case of a company, by any director, secretary or other officer of the company: or (h} in the case of a corporate body which is not a company, by an officer of the body. (2) The Chairperson may permit an interested party under this Act to appearby any other person than those listed in subsection (I). (3) No person other than a legal practitionershal! beentitled to recover any fee or reward, other than necessary out of pocket disbursements and expenses, for appearing on behalf of any person before the Tribunal.
127
Powers Of Tribunal
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AI-assisted research summary: The Tribunal may confirm, vary, or reverse an appeal decision, send a matter back for more evidence or information, order parties to produce further proof, or take other steps to resolve the matter quickly and inexpensively.

127. The Tribunal may— (a} confirm, vary or reverse the decision appealed from; (b) if the record does not furnish sufficient evidence or information for the determination of the appeal, remit the matter to the Commissioner with instructions in regard to the taking of further evidence or the setting out of further information; (c} order the parties or cither of them to produce to the Tribunal at some convenient time further proof as the tribunal considers necessary or desirable: or fd) take any othercourse which may lead to thejust speedy and inexpensive settlement of the matter. Powers of Tribunal Summoning, etc. of witnesses
128
Summoning of witnesses
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AI-assisted research summary: The Tribunal may summon witnesses, require books and other things to be produced or inspected, and examine witnesses on oath. The Chairperson may administer oaths, and summonses must be signed by the Secretary to the Tribunal.

128. (1) TheTribunalshallhavethcpowertosummonwitncsses, to call for the production of or inspection of books, documents and other things, and to examine witnesses on oath, and for these purposes, the Chairperson is hereby authorised to administer oaths. (2) A summons for the attendance of witness or the production of books, documents or othertliings shall be signed by the Secretary to the Tribunal and served in a manner to be prescribed.
129
Witnesses failing to attend
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AI-assisted research summary: The Chairperson may issue a warrant for a summoned person who does not attend or stay in attendance, subject to stated notice and service conditions.

129. (1) The Chairperson may issue a warrant against any person who is summoned to give evidence or to produce any book, document or thing if that person fails to attend as required or, if the person fails to remain in attendance until duly excused by the Chairperson. Witnesses talli nu to attend, etc. (2) The warrant issued undersubscction fl) shall be signed by the Chairperson. . , ' । (3) A warrant under subsection (1) may only be issued if— (a) the person summoned had reasonable notice of the lime and place at which attendance was required; (b) there is a return by the person charged with the service of the summons that the summons were duly served upon the person; and (c) no sufficient reason for the failure to attend seems to exist. (4) A warrant issued under subsection (1) may, only be executed by a police officer of the rank of Inspector or above to whom it is delivered. (5) A person apprehended in execution of a warrant issued under subsection (I) shall be brought before the Tribunal to give evidence or to produce the book, document or other thing. (6) Any person who is brought before a Tribunal on execution of a warrant under subseclion.(I) and who— . (a) refuses to be swom or affirmed as a witness; ■- (b) having been swom1 as witness, refuses to answer any question lawfully put to that person; or (c) fails to produce any book, document or other thing; commits an offence and is liable, on conviction, to a fine not exceeding twenty thousand'penalty units or imprisonment for a term not exceeding one year, or to both. 130 . Any person who knowingly gives false testimony regard ing any matter which is material to a question in any proceedings before the Tribunal commits an offence and shall be Hable on conviction to a fine not exceeding thirty thousand penalty units or to‘imprisonment for a period not'exceeding one year or to both. False evidence 13 L A person summoned under the provisions of section one hundred and iwenry-cight may, on the order of the Tribunal, be paid out of the Fund such allowances as may be prescribed. Wimess's expenses C°sl!1
132
Costs
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AI-assisted research summary: The Tribunal may make cost orders, and employers in Zambia must give the Commissioner business particulars and updates within 14 days; non-resident employers’ representatives must also notify specified details. A party dissatisfied with a Tribunal decision may appeal to the High Court within 30 days.

132. (1) The Tribunal may make an order as to costs as it may consider just having regard to the means of the parties and the merits of the appeal. (2) Subject to subsection (I}— (a) the costs and charges in connection with proceedings before the Tribunal shall be payable in accordance with the scale of costs as prescribed; th) payment of costs awarded by the Tribunal may not be enforced until they have been taxed by the Clerk of a •Subordinate Court of the First Class of the District in which the appeal is heard, UnhCoun O Any person who being a party to any appeal before the Tribunal, is dissatisfied— (a) with the determination of the Tribunal as being erroneous in point of law or fact: or (b) with any decision of the Chairperson of the Tribunal as to whether the matter for determination by the Tribunal is :i matter of fact or a matter of law; may appeal therefrom to the High Court within thirty days of the determination. (2) The Court may permit a further period within which to appeal against a determination of the Tribunal, in terms of subsec tion (I), as it may consider fit. (3) Upon the hearing of an appeal under this section, the High Court may— tut confirm, vary or reverse the decision of the Tribunal; lb) refer the mutter back to the Tribunal with instructions for the taking of further evidence or the setting out of further information; fc) make such order as to costs as it may consider just; or (il) take any other course which may lead to the just, speedy and inexpensive settlement of the matter. PART XII Miscellaneous mu’V” 134, <D Every employer carrying on business in Zambia shall, particulars of within fourteen days of commencing business furnish the Commis- husincss sioner with prescribed particulars of their business. (2) The Commissioner may, from time to lime, require particu lars additional to those supplied under subsection (1) within a period as the Commissioner may fix. (3) The particulars required under subsection (1) shall be fur nished separately in respect of each business conducted by the employer, and every employer shall inform the Commissioner of any changes in the particulars within fourteen days of the change. (4) The representative present in Zambia of any non-resident employer— (a) shall, within fourteen days after the date on which that employer commences business in Zambia, whichever is the later, Lnotify to the Commissioner in writing the following particulars: (i) the name and address of the chief representative; and (ii) the address of the Principal office or place of business of the employer in Zambia; and (b) shall, in the same manner, notify any change in the particulars within fourteen days after the change; and (c) shall, for all the purposes of this Act, be deemed to be the employer of all workers employed within Zambia by that non-resident employer, (5) For the purposes of subsection (4). •* non-resident employer ” means any person who is not resident or, in the case of a company or other body of persons, whose registered office is not situated in Zambia, and whocanieson any business in connection with which any worker is employed in Zambia. (6) Where under the provisions of this section the Commis- sioneris to be furnished with, informed ornotified of any particulars within afixed time. theCommissioner in any purticularcase may on good cause shown extend the timesofixed. (7) Any person1 who fails to comply with the provisions of this section commits an offence. /..*.■ ? ।

Part

PART XII

135
Employers to keep records
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AI-assisted research summary: Employers must keep worker pay and time records and produce them for inspection when authorised persons demand them.

135. (1) Everyemployershallkeeprecordsofwagespaid.time Employers worked and payment made for piece work and overtime in respect rccorc/s of all workers and any otherparticulars prescribed and the employer shall at all reasonable lime produce records for inspection on demand by any person authorised thereto under this Act. (2) An employer who fails to comply with subsection (I) or who knowingly make a false entry in the records commits tin offence
136
Tlireats and compulsion
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AI-assisted research summary: A person must not threaten, compel, or try to compel a worker to act or not act in a way that would take away the worker’s compensation rights.

136. Any person who by threat or in any other manner whatever Thieais and compels or attempts to compel any worker to do or omit to do any compuWon act. the doing or omission of which deprives or is intended to deprive that worker or the workers dependants of any right to compensation, commits an offence and shallbe liable, on convic- tion. to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period no exceeding six months, or to both.
137
False statements
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AI-assisted research summary: False or materially misleading statements in compensation claims or required reports are offences. Employers who miss assessment or return obligations may also face penalties, and the Commissioner or Board has powers to determine, waive, or recover amounts in some cases.

137. Any person who, in a claim for compensation under this False statement Act, or in any notice report or statement required to be given, made or furnished under the provisions of this Act, knowingly makes or causes to be made a statement which is false in a material particular, commits an offence. Failure io 13g, ([) If an assessment or any instalment thereof is not fully assessments. paid an employer at the time when it becomes payable, the defaulting employer shall be liable to pay, in addition to the etc. assessment or instalment thereof, as a penalty for the default, such percentage, not exceeding ten per centum per annum, of the amount unpaid as the Commissioner may determine. (2) Any employer who fails to pay the assessment or to render within the prescribed period the returns referred to in section one. hundred and twelve shall, in addition to any otherpenalty, pay to the Board a penalty, as determined by the Board not exceeding the full amount of the compensation payable in respect of any accident or incidence of the disease, to a worker in that employer’s employment during the period of default. (31 If the Commissioner is satisfied that— (a) the default was due to inadvertence or to some cause over which the employer has no control; or (b) the payment of the full amount of the capitalised value would be likely to result in the bankruptcy of the em ployer or, where the employer is acompany, the winding up of the company; - , the Commissioner may waive the'provisions of this section, in whole or in pan. or accept payment in instalments or otherwise as the Commissioner may determine. (4) Any employer who fails to pay any assessment or any penalty imposed by, or other payment due to, the Board under the provisions of this Act, commits an offence. I (5) Whenever an employer fails to pay to the Board any money due, the Board may recoverthat money from theemployeras acivil debt. (6) For the purposes of this section," compensation " includes, in the case of a continuing liability, also the capitalised value, as determined by the Board of the pension (irrespective of whether a lump sum is at any time paid in lieu of I he whole or a portion of such pension)., periodical payment or allowance, which constitutes the j liability... r
139
Compensation not to form part ofdcceascd worker’s estate
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AI-assisted research summary: Compensation for a worker’s death is not part of the deceased worker’s estate, and compensation payable by someone other than the Board must be paid to the Board unless the Board directs otherwise.

139. (1) Compensation recovered or recoverable in respect of the death of a worker shall not form part of the deceased worker’s estate For the purposes of the law relating to the administration of estates. (2) Where compensation is payable by any person other than the Board, it shall, unless the Board otherwise directs, be paid tothe Board. *’ ' * ■" ' r":! : ’ ‘ Cnmpcnsa- don not to form part of deceased worker's estate
140
Recovery of benefits paid in error
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AI-assisted research summary: If benefits were paid when not due, the Board may recover the amount.

140. If any benefits have been paid which were not due under the provisions of this Act.dhc Board may recover theamount of those benefits by civil action, or by deduction fromany benefits to which the worker or any dependant has or may become entitled under this Act. Recovery of benefits paid in , rmf
141
Priority of payment
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AI-assisted research summary: If an employer becomes bankrupt or starts winding up, certain amounts owed to the Board as compensation for workers or dependants are paid in priority over other debts. The Board also determines the capitalised value of pension, children’s allowance, or periodic payments for this purpose.

141. ,(1) In the event of an employer, becoming bankrupt or, if Priority of the employer is a company, in the event of the company having pay"1«''! commenced the process of winding-up, ¿he amount of any assess ment, penalty dr other payment due to the Board as a compensation due to any worker or the workers dependants', by the employer— (a) at the date of the receiving order, or * * f 1 r j c.if r * *•'* , (b) at the date of the commencernent of the winding-up; shall, notwithstanding anything to the contrary contained in any other law, be included in the debts which under,section three of the Preferential Claims in Bankruptcy Act, are in the distribution of the Cap. 83 property of a bankruptcy and in the distribution of the assets of a company being wound up to be paid in priority to all other debts. (2) When the compensation is in the fprm of a pension, children’s allowance or periodicals payment, that shall, for the purposes of this section, be taken to be the capitalised value of that pension,, allowance.or payment as .determined by the Board.
142
Compensation not to be assigned, etc
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AI-assisted research summary: Compensation cannot be assigned or charged.

142. (1) Compensation shall nob— ■ , fill be capable of being assigned or charged; »
7
Concurrent remedies
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AI-assisted research summary: A worker’s compensation is generally protected from attachment, assignment, and set-off, but the Board or an exempted employer may recover certain approved advances from compensation payable to the worker.

7 . .; ■ ; (b) be attached by the order-of any court; or Compensa- lion not to be assigned, etc. (c) be set off against any debt by the person entitled to the * ■ compensation. • ' 1 ■ (2) Notwithstanding subsection ( I ), the'Board or the exempted employer may, out of any compensation payable co a worker recovcreither wholly or partly any timbuiit which, with the approval of the Commissioner or of the employer, has after the occurrence of the accident on incidence of the disease.ùn'respect of which the compensation is payable, been advanced to the worker, subject to repayment out of such compensation. i Evidence Reel pineal arrange- mcnis
143
Evidence
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AI-assisted research summary: Certified records, copies, extracts, and certain affidavits from the Commissioner can be accepted as proof in proceedings under the Act.

143. (I) Every record of a decision or award made by the Commissioner and every copy of or extract from an entry in any book or record kepi by the Commissioner, and of any document Tiled with the Commissioner, purporting to be certified ,by the Commissioner to be a tme copy or extract, shall upon production be received as proof thereof. (2) In any proceedings under this Act. in any court, an affidavit purporting to be made by the Commissioner, or by a person to whom powers have been delegated under subsection (3) of section eleven in which it is slated— (a} that any person or body of persons is an employer, principal, contractor, worker or dependant under this Act; lb) that any person is or has been lawfully required under this Act to pay any amount to (he Board, or to a worker or other person named in the affidavit: (d that any amount referred to in paragraph (b) or any portion thereof had or had not been paid on a date specified in the affidavit; or (d) that any decision has been taken by the Commissioner or by a person in pursuance of the powers so delegated to them: shall, on its mere production in those proceedings by any person, hut subject to subsection (3). be prima facie proof of the facts stated therein. (3) The person presiding over the proceedings in which any document or affidavit referred lo in subsection (I) or (2) is adduced in evidence, may cause the Commissioner or other person making the affidavit to be summoned to give oral evidence, or may cause written interrogatories to be submitted for reply and the interroga tories and any reply on oath purporting to be a reply from that person shall in like manner be admissible as evidence in the proceedings.
144
Reciprocal arrangements
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AI-assisted research summary: The President may make rules by statutory instrument to implement reciprocity conventions on workers’ compensation.

144. The President may. by statutory instrument, make nilcs for the purpose of giving effect to any convention with any foreign government providing for reciprocity in matters relating to com pensation to workers for accidents or incidence of disease causing disablementordeath, and. without prejudice tothe generality of this power, rules may contain provision— (a) for determining in any case where a worker is entitled to compensation both under this Act and under the law of any country with which the convention is made, under (he law of which party to the convention the worker or the workers dependants shall be entitled to recover compensation: .......................... • (bi for conferring on the Commissioner and the Tribunal powers for the admission of evidence taken in any such country and the procuring and taking of evidence for use in that country orotherwise for the purpose of facilitat ing proceedings for the recovery of compensation under the respective laws of any such country; and fe) whereby compensation awarded in any such country to persons resident or becoming resident in Zambia may be transferred to and administered by rhe Commissioner, and whereby compensation awarded under this Act to persons resident or becoming resident in that country may be transferred to. and administered by, a competent authority in that country. ,
145
Summary of procedure for recovery of compensation to be
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AI-assisted research summary: An employer must, if required by the Commissioner, display and keep displayed a clearly printed summary of the Act’s compensation-recovery procedure where workers can see it.

145. (1) Every employer, when so required by the Commis- Summary of sioner. shall cause to be affixed and at all times to be kept affixed recovery in a conspicuous place where that employer s workers are em- ofcompcn- ployed a clearly printed summary, in a form and language as the displayed by Commissioner may require, of the procedure laid down in this Act employer for the recovery of compensation in the event of an accident. (2 ) Any employer who fails to comply with the provisions of subsection ( I ) commits an offence.
146
Arrangements with institutions administering social security
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AI-assisted research summary: The Board may, with the Minister’s approval, make arrangements with a social security institution for some functions to be carried out by that institution’s Chief Executive as agent of the Board or Commissioner.

146. Notwithstandinganythingcontained in this Act, the Board Arrangement may. with (he approval of the Minister, enter into arrangement with ¡UJimions any institution administering or regulating matters of social security admmisrer- in the Republic, under which any or all the functions of the security0* Commissioner or the Board in relation to receipt and disbursement of assessment, and pension or other benefit under this Act may be carried out by the Chief Executive of that institution as the agent of the Board or the Commissioner. ।
147
Vesting of assets and liabilities
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AI-assisted research summary: This section transfers the dissolved Boards’ undertaking, property, rights, liabilities, and obligations to the Workers’ Compensation Board on the appointed date.

147. (I) On the appointed date (here shall be transferred to. and Vesting of vest in the Workers’ Compensation Board by virtue of this Act and “ahi|*(“sd without further assurance— tai the undertaking of the dissolved Boards; (bl subject to (he provisions of (his Act, all property, rights, liabilities and obligations which immediately before the commencement of this Act were the property, rights, liabilities and obligations of the dissolved Boards. (2) Subject to the approval of the Workers' Compensation Board and as hereinafter provided, every deed, bond and agreement (other than an agreement for personal service) to which the dis solved Boards was a party immediately before the commencement of this Act, whether in writing or not, and obligations thereunder could be assigned, shall, unless its subject ma tier or terms make it impossible that it should have effect as modified in this manner provided by this subsection have effect as from the date of the assignment thereof, as if— (a) the Workers’ Compensation Board and the pneumoconiosis Compensation Board had been a party thereto: (h) for any reference to any other officer of the dissolved Boards not being a party thereto and beneficially interested therein,- there were substituted, as respects anything falling to be done or after the commencement of this Act, a reference to such officer of the Board as shall be designated, (3) Subject to the provisions of subsection (2). documents, other than those referred to therein, which refer specifically or generally to the dissolved Board shall be construed in accordance with the said subsection as far as applicable.
148
Registration of property to be transferred by the Boards
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AI-assisted research summary: The dissolved Boards must apply in writing to register transferred property, rights, liabilities, or obligations, and the registration officer must record the transfer and may issue or amend title records. No registration fees, stamp duty, or other duties are payable for this registration.

148. Whenever in pursuance of this Act, any properly, rights, liabilities or obligations of the dissolved Boards are deemed trans ferred and is one in respect of which any written law provides for registration, the dissolved Boards shall make an application in writing to the appropriate registration authority for the registration of such transfer, and such officer shall make entries in the appropri ate register as shall givceffect to the transfer and where appropriate, issue to the transferee concerned a certificate of the title in respect of the said property or make necessary amendments io the register, as the.case may be, and if presented therefore, make endorsement on the deed relating to the tile, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof.
149
Employees of dissolved Boards
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AI-assisted research summary: The dissolved Boards must notify employees they want to retain for transfer to the Workers’ Compensation Board, and the Workers’ Compensation Board sets the engagement conditions.

149. (1) On or after the commencement of this Act. the dis solved Boards shall notify such of the employees.of the dissolved Boards as it wishes to retain for the purpose of transfer to the Workers' Compensation Board and such employees shall be en gaged on such conditions as the Workers' Compensation Board shall determine. (2) Employees not engaged under subsection ( I ) shall, before the commencement of this Act, be notified to that effect by the Pneumoconiosis Board and may be retained by the Government, Regi st f;i ti on nf property 10 be transtencd by Boards Employees dissolved Boards
150
Legal Proceedings
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AI-assisted research summary: The Workers’ Compensation Board and other persons have the same rights, powers, and remedies for legal proceedings and authority applications when a right, liability, or obligation vests in the Board under the Act.

150. (I) Without prejudice to the other provisions of (his Act. Legal where any< right, liability or obligation vests in the Workers' Com- Proceeijin?s pensauonBoard by virtue of this Act, the Workers’ Compensation Board and other persons shall, as from the commencement of this Act. have the same rights, power and remedies, and in particular the rights as to the instituting or defending of legal, proceedings or the making or resisting of applications to any authority forascertaining, perfecting or'enforcing that right, liability or obligation's they would have as if it had al all.timesbeen a right, liability or obligation of the Workers’ Compensation Board. (2) Any legal proceedings or application to any authority pending immediately before the commencement of this Act or against the dissolved Boards may be continued by or against the Workers' Compensation Board. (3) After the commencement of this Act proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the dissolved Boards may be instituted by or against the Workers' Compensation Board.
151
Penalty
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AI-assisted research summary: If a person commits an offence under the Act and no special penalty is provided, they may be fined up to 1,000 penalty units, imprisoned for up to 3 months, or both, on conviction.

151. Any person who*commits an offence under this Act in Penalty respect of which no special penalty is provided shall be liable, upon conviction, to a fine not exceeding one thousand penalty units or to imprisonment for a period not exceeding three months, or to both.
152
Regulations
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AI-assisted research summary: The Minister may make regulations by statutory instrument about compensation claims, forms, fees for certain practitioners and experts, prescribed matters, and anything needed to carry out the Act.

152. The Minister may, by-statutory instrument, make régula- Regulations lions as to all or any of the following matters: (a) the procedure to be followed in connection with claims for compensation under this Act*, (b) the forms to be used in connection with the procedure under or which may be used for any other matter dealt . ■«>>.’,« with by, this Act; •• » (c) the fees which may be charged by medical practitioners, dentists and technical experts in respect of anything done under or for the purposes of this Act; (d} prescribing any matter which by this Act is required or permitted to be prescribed, not being a matter which this Act provides shall be prescribed by a specific person; and generally for the better carrying out of the objects and purposes of this Act.
153
Repeal and savings
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AI-assisted research summary: This section repeals two named Acts and says certain compensation claims are to be determined under this Act, including pending claims, without retrospective effect.

153. (1) The Workers' Compensation Act and the Repeal and Pneumoconiosis Act, are hereby repealed. c^p?§7i (2 ) A claim for compensai ion in respect of an accident or disease 2,7 that occurred or which was contracted orbefore the commencement of this Act shall be determined in accordance with this Act: (3 ) On or after the commencement date the determination of a claim that is already existing and for which pensions were being paid under the repealed Acts shall be determined under this Act but shall not have retrospective effect. ’ (4) On or after the commencement date, all claims for compen sation for an accident that has occurred or disease that has been contracted by a worker shall be determined under this Act. FIRST SCHEDULE tSection 69) Minimum Decrees of Disaulement injury Loss of two limbs Loss of both hands or of all fingers and thumbs Tot a! paralysis Injuries resulting in being bedridden permanently Any other injury causing permanent total disablement Loss of remaining arm by one-armed worker Loss of remaining leg by one-legged worker Loss of arm at shoulder Loss of arm between elbow ad shoulder Loss of arm elbow Loss of arm between wrist and elbow Loss of hand al wrisi Loss of four fingers and thumb of one hand . z _ Loss of four fingers Luss of thumh-boih phalanges one phalanges , Loss of index finger-three phalanges . two phalanges one.phalanx Loss of middle finger-three phalanges two phalanges » / one phalanx Loss of ri ng fi ngcr-three phalanges . Loss of metacarpal-first second (additional > ' two phalanges , one phalanx third, fourth nr fifth (additional) Loss of leg-tit hip joint Minimum decree of dhuhlrmcnt per cent tint 100 '70 68 67 60 60 60 35 25 10 10 8 4 6 4 2 5 4 2 J 2 75 below hip wiih stump not exceeding 13 centimeters in icjlglh 70 below hip wiih stump exceeding 13 centimeters in length hn'.r not beyond middle thigh 65 Workers ' Compensation [No. 10 or 1999 287 Minimum degree nf disablement per centum Injuiy below middle thigh to 9 centimeters below knee below knee with stump exceeding 9 centimeters but not exceeding 13 centimeters below knee with stump exceeding 13 centimeters Loss of Tool-result in end bearing Mump above the junction of the foot with the iocs great both phalanges great, one phalanx other than great, if more than one low lost each Loss of hearing-both ears one car Injury io eyes: « *
2
Interpretation
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AI-assisted research summary: Section heading about loss of the remaining eye by a one-eyed worker.

2. Loss of remaining eye by one-eyed worker •
3
Meaning of " worker "
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AI-assisted research summary: The text refers to loss of one eye, with the other eye normal.

3. Loss of one eye. the other being normal
4
Meaning of" dependant"
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AI-assisted research summary: This schedule defines a “one-eyed worker” as a workman with no sight in one eye and includes visual-impairment disablement percentages.

4. Total loss of vision of one eye, ihe other being normal 5 Other degrees of defective vision based on ihe visual defects as measured after correction with glasses: 60 55 so 45 IS S 2 1 50 7 100 100 30 30 When best visual Acuity is in one eye 6/6 or 6/9 6/6 or 6/9 6/6 or 6/9 6/6 or 6/9/ ■ ■ 6/12 6/12 6/18 When best visual Acuity is in une ‘ eye 6/18 6/18 6/18 6/18 6/24 6/24 6/24 6/24 6/36 6/36 6/36 6/60 3/60 3/60 . . other eye 6/24 6/36 6/60 6/30 Nil 6/18 6/24 1 other 6/36 6/60 3/60 nil 6/24 6/36 3/60 nil 6/36 6/60 3/60 nil ■ nil 3/60 ♦’ . » 15 20 20 20 3Ó 15 30 , . Minimum degree nf disablement ' per centum •' 40 40 40 50 30 > 40 50 70 80 80 90 80 90 100 I • • • 6. For the purposuof this Schedule, u one-eyed worket means a workman who has no sight in one eye. Loss of teeth 1-2 A 4-5 6 7 8 , ‘1 " - ’ IV, 27, . ' . 3 ■1
37
Persons eligible for periodical examination
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AI-assisted research summary: This provision sets percentage rules for assessing loss of use, joint ankylosis, multiple injuries, and certain occupational disease incapacity, and it lists scheduled mine workplaces.

37. 4 Thereafter per centum Tor every addilionul tooth up to o maximum of 10 per centum Tor thirty .two teeth. Total permanent loss of use of members shall he treated as loss ofnigmbcr, The percentage loss of use of member shall be treated as loss of member. The percentage of incapacity for ankylosis of any joint shall .he reckoned as from 25 to K*) per centum of the incapacity for loss of the pan at the joint, according to whether the joint is ankylosed in a favourable or unfavourable position. Where there is loss id twour more partsofthc hand the perccntageof incapacity shnll nut be more (han for the whole hand. Where there h Irrssofiwoor more pans oft he hand, Ihe percentage of incapacity shall not more than for the whole hand. Where t here are to w or more i nj urics, the sit m o f t he percentage fo r such i nj u ri cs may be increased. and. whcre such injuries are to the hand, the following basis of computing the increase shall be adapted, namely: fit J where t wo digits have been injured, the sum total of the percentages shall In increased by twenty per centum of such sunt mini; th) where three digits have Inch injured, the sum total of the percentages shall he increased hy thirty per ccniiim of such sum total; te) where four digtts have been injured, the sum total of the percentage shall be increased hy forty per centum of such sum ttHul. f’ncumuconiosis and Tuberculosis Pneumoconiosis Stage 1 Singe 2 Stage 3 Tuberculosis ' service ihrnughotit a period of one year or lunger or periods amounting in the aggregate tonne year or longer but less in either case than ten years service throughout a period of ten years or longer or periods amounting in the aggregate to ten years or longer Pneumoconiosis plus Tuberculosis 30 60 HMl 10 W> KXl .., ,-s ...u Jl ;w[ ntUl SECOND SCHEDULE ;r .... tSeciimi 2 i .j ' Scheduled Puces 111 The loll owing are the working places at any scheduled mine which are situated above the surface of the ground, wherein work for [he.purpose of the definition of" miner" in section two ranks in the same fashions ns work below the natural, surface of the ground: tat any silica-beanng rock crushing plant, si lieu'hearing rock screening plant, sllini-hcarln g rock loading and tipping point or bellconvcyor plant within and forming an integral part of such rock-crus hi ng or rock-screening plant or rock-loading or lipping point including the immediate surroundingsuf any such plant or point: lb) any plant lor the treatmeni of refractory copper ores (also known as the " TORCO " plant and the immediate surroundings of such plant; tc) any roasting, sintering orothersimilarplant used for the conservation of sulphide orcs to oxides and the immediate surroundings of any such plant: and ( <lt| i . tdi any weighbridge: tel tiny rock drill sharpening shop used by miners, .... (2) The following arc the coal crushing plant and coal pulverising plants are scheduled plaaces: tai the main coal crushing plant and coa! pulverising plant, at the Roan Antelope Copper Mine operated at the commence of this Act by the Roan Antelope Copper Mines Limited; from the 1st March. 1962. by the Roan Antelope Division of Rhodesia Selection Trust Limited: from the 1st April.1968. by Luanshya Mines Limited: from the 15th August. 1970. by the Luanshya Division of Roan Consolidated Mines Limited; from the 1st April, 1981. by the Luanshya Division of the Zambia Consolidated Copper Mines Limited from 50th September. 1997, by Roan Anlelopc Mining Corporation of Zambia. PLC. fh/the receiving bins. crushes and al! conveyor belts forming part dfthc coal preparation system, up to and including the bell above the power station bunkers serving the smelter and the receiving bins, and all conveyor belts or the refinery, hut excluding the coal pulverising plant of the refinery, at the Mufulira Copper Mines, operated ot the commencement of this Act hy Mufulira Copper Mines Limited; form the 15th December. 1967, by the Mufulira Division of Mufulira Copper Mines Limited: from the 15th August. 1970. by the Mufulira Division of Road Consolidated Mines Limited. (3l The following, situated above thcsurfoce of the ground at the Maa mba Coni Mine and involved in the crushing of coal or any other minerals, are scheduled places: tat any plant, together with the immediate surroundings thereof; iht any station nmthe aerial rope-way. together with.the immediate .sur roundings thereof; and N<nE: in this Schedule " immediate surroundings", in relation to any building; installation. plant or other specified place, means nn area bounded by a line five meters from the perimeter of any such building, installation, plant or place or. as the case may be. such greater or lesser area as the Director of the , Bureau may . after consultation’wit h the Chief Health Inspector of Mi ties, determine. THIRD SCHEDULE Ha?^ udous iNDUSTHres ok Ocan'ATtoxs {A) Prime fntlumrifS

Part

scheduled plaaces:

1
Minmy/Quarrying -Metal
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AI-assisted research summary: This section is a heading listing Minmy/quarrying and related materials: metal, coal, and other.

1. Minmy/Quarrying -Metal - Coal • Other
2
Interpretation
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AI-assisted research summary: This provision appears to list sectors, including agriculture and forestry, cement/lime, and manufacturing.

2. Agri culture and Forestry 3, Cement/ lime Manul'acmrc
4
Meaning of" dependant"
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AI-assisted research summary: 4. Printing. Publishing and Allied Trades

4. Printing. Publishing and Allied Trades
6
Civil liability of employer
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AI-assisted research summary: 6. Pottery. China and Earthenware Industries

6. Pottery. China and Earthenware Industries
7
Concurrent remedies
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AI-assisted research summary: This fragment mentions batteries, including mercury batteries and secondary or rechargeable accumulators.

7. Battery IndtiMries-dQ' battery (mercury) - batteries. .secondary or Rechargeable accumuliiltws
12
Tenure of office of members of Board ' •
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AI-assisted research summary: Section heading for painting, varnishes and lacquers industries.

12. Painting, varnishes and luqeuers industries painting and varnishing
15
Remuneration and allowances ■ **
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AI-assisted research summary: 15. Sugar cane Industries 16, Chemical Industries

15. Sugar cane Industries 16, Chemical Industries
17
Powers of Commissioner ............... ,
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AI-assisted research summary: The text only shows a heading about leather and leather products and other industries; it does not state a rule.

17. Leather and leather products tBt Other hidtotries
26
Actuarial valuation of Fund
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AI-assisted research summary: This text lists petro-chemical industries and plastic industries, without stating any rule.

26. Petro-Che mi cal Industries 27, Plastic Industries
39
Examination of miners before leave or discharge
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AI-assisted research summary: 39. Electronic and Ionising Radiation , ' FOURTHSCHEDULE j, > fSections,7i, find 72) „ ’ ». i'.< Monthly Auowances in Respect of Cjulpren > •< ' • , In respectofimc child . » : Inrcspect oftwo children s - । In rcspccl ofjhrcc children ''

39. Electronic and Ionising Radiation , ' FOURTHSCHEDULE j, > fSections,7i, find 72) „ ’ ». i'.< Monthly Auowances in Respect of Cjulpren > •< ' • , In respectofimc child . » : Inrcspect oftwo children s - । In rcspccl ofjhrcc children '' In respect o f four children. , In respect of five children ; •rrfeT» hi respect of six children JnTesped of seven Children ' bl In.rcspeci of,more (han seven children Percentage of •Worker's Pension 15 20 ! 23 :/ 30 35 ' 40 : ; 45 :• -IE , T » ; _50_ . FIFTH SCHEDULE * : . •» *>itt ■ r.r- Monthly Allow Alices in Respect on Children rlo—>'Wi.» ■ ' nl ■, I" '' ,Jt, 4 t 'r ”. In respect.of one child, i,> , ■ r , In respect of two children1 -..; In respect of three children In respect of fotfrchildren - ’r> * Injespect of five chjldrcn In respect of,.six children In respect of seven chitdren In respccl of more than seven children. /' 11 i|,,r Perf-ent'of ” Warker'f Pension ,■ Wie .40 ‘ 50' i6() '70 n80
100
Conveyance of injured worker
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AI-assisted research summary: This section identifies the Schedule Mines for the Act, including the Roan Antelope Copper Mines.

100. ’ .(¿SIXTH SÇHÉDU^ /* i (Sectioned trt \ \ ~ Scheduled Minks f1 </h. For purposes of this'Act ih'cTultowing arc'ihc Schedule Mines; ’• 1 4 ; r,1I .'.i F t 1 i 1 f , -, .. j Ct*" Ji>»‘ iu * J- . C ■ . 111 The Roan Antelope Copper Mines”opera;ed ifthe commcnccmeiitcifthis Aci.by.^oan Antelope Copper ^ihes_Limftcd freinte I March. lltM/by'iÜé Roan Division of Rhodesi^Selection Trust Limited!'frijin ihê'lsilÂpril;'1968. by

Part

Scheduled Minks

1
’
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AI-assisted research summary: The provision records which mining divisions or companies operated specified mines at the Act’s commencement and, for some divisions, later transfer dates.

1. ’ . Luanshya MinpsLinji.tcd. From the I Sth August, 1970. by the Luan shy a Division of Roan Consol ¡dated Mines Limited; from (he 1 st^'f April.’ 1981, byjhc Lùanshya Division of Zambia Consolidated CoppcrMincs Cimitcdflrom the 30th Septem ber. 1997?by Roan Antelope Mining Corporation of Zambia,.Plc. _ ’<2) iWMufullfa CopperiMincs. opcratcd at the commencement of this Act by Mufulira Copper Mine^Limitcd; from the 15th December. 1967, by the Mufulira Di vision of tàufùtira Copper Mines'1 Limited.'from the' J Sih August. 1970. by the Mufulira Division of Rb ànCon sol idated Mines Limited; from thed st'April; 1981. by the Mufulira’DivisionWZambia Consolidated CopperMines Limited. (3) The Nkana Copper Mines, including the Mindoibscction (hereof.oper^ell atthecommenccnjcm of this Act of Rokana Corporation Limited: from 26th June.
197D
by thciRokana Division of Nch'angp ConsriIidated Copper Mines Limited
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AI-assisted research summary: This schedule lists mines and open-pit areas covered by the provision, together with the companies or divisions that operated them at different times.

197D. by thciRokana Division of Nch'angp ConsriIidated Copper Mines Limited: from the April. 1981, by,the Rokan'a Division of Zambia Consolidated Copper Mines Limited and also any open-pit operated by the Rokana Division of the hwt- named company. ... ... !4)TheNchanga Copper Mine operated at the commence mem i»F ibis Act by Nchanga Consolidated Copper Mines Limited; from 26lh June, 1970. by the Chingnh Division oi Nchanga Consolidated Copper Mines Limned: from 1st April, 1981. by Ch ingoia Division ofZumhin Consolidateti Copper Mmes Lim ited: also any open (eligible wurds) from 21st January. 1956, by Nchanga Consolidated Copper Mines Limited from the 26th June, 197(1. by the Chingolu Division of the last; named company: from 1st April. 1981, by the Chingola Division of Zambia Consolidated Copper Mines Limited. (5) The Chi hutuma Mine, operated from the 16th October, 1951, by Mu Mira Copper Mines Limited from the 1st May. 1952, by Chihuluma Mines Limited; from the 15th August, 1970. by the Chibuluma Division of Roan Consolidated Copper Mines Limited; from the 1st April, 1981, by Chibulumu Division of Zambia Consolidated Copper Mines Limited; from the 30th .September. 1997. by Chilxiluma Mines Plc. t 16) The Bancroft Mine, operated from the 19th January. 1954. by Bancroft Mines Limited; from the 26th June. 1970, by the Konkoia Division of Nchanga Consolidated CoppcrMines Limited: from the 1st April. 1981. by the Konkula Division of Zambia Consolidated Copper Mines Limited. (7)The Broken Hill Mine, operated from the 9lh September. 1957. by Rhodesia Broken Hill Development Company Limited; from the 3rd April. 1965. by Zambia Broken Hill Development Company Limited: from lite 26th March, 1971. by the Broken Hill Division of Nchangu Consolidated Copper Mines Limited; from the 1st April, 1981, by the Broken Hill Division of Zambia Consolidnied Copper Mines I j mit cd and the reati er privatised. (8) The Chambishi Mine, and any open-pit operated from the 21st January. 1963, by Chambishi Mine Limited: from the 1st December, 1957. by theChambishi Division of Mu fui ira Copper Mines Limited: from the 15th August. 1970, by Chibu luma Division of Roan Consolidated Mines Limited: from the 1st April, 198 i. by the Chihuluma Division of Zambia Consolidated Copper Mi ncs Limited; from the 29lh June. 1998. by NFC Mining Plc. 19) The Bwana Mkubwa Mine and any open-pi I operated from March. 1968. by the R ok ana Division of Nchanga Consolidated Copper Mines Limited: from 1st April. 1981. by the Rokana Division of Zambia Consolidated Copper Mines Limited. < ID) The Kal eng wa Mines and any open-pit operated from 1978 by the Chihuluma Division of Ruan Consolidated Copper Mines Limiied from I st April, 1981, by Zambia Consolidaied Copper Mines Limited. ( 11 >Tbc Maamba Coal Mine and any open-pit operated by Maamba Collieries Limited. 112) The Nampundwc Mine operated from 1970 by the Broken Hill Division of Nchanga Consolidated Copper Mines Limited, from 1st April. 19X|. by the Broken Hill Division nfZamhi a Consolidated Copper Mines Limited and I hereaf ter privatised. < IMTbe Kansanshi Mine, and any open-pit operated from August, 1977, by ihe Konkoh Division of Nchanga Consolidated Copper Mines Limited: from 1st Aprit.l98l,by Konkula DivisianofZambtaG»ns<ilrJa(edC<»pperMines Limited: from 16th January, 1997. by Cyprus Amax Kansanshi Pie. (|4) The Kansanshi Mine and any open-pit cast working operated at thedateof its addition to this Schedule, by the Copper Mining Enterprises Trust Limited (COMET). Nute: In this Schedule '* open-pit " means the surface beneath ihe original surface oflhc ground which earlier mentioned surface of this g round exist due to the mining of metalliferous minerals but docs not match any trench or other description of pit.

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Workers' Compensation Act, 1999

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Provisions of Workers' Compensation Act, 1999

Schedule;

PART II

PART III

scheduled mine tn some particular occupation;

PART VI

Schedule shall be regarded as the minimum degree of permanent

part shall, subject to section seventy-four, be diminished or ceased.

PART VII

PART VIII

PART IX

PART X

PART XI

PART XII

scheduled plaaces:

Scheduled Minks

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