Laws of Zambia ActivePneumoconiosis Act
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The Laws of Zambia
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REPUBLIC OF ZAMBIA
THE PNEUMOCONIOSIS ACT
CHAPTER 217 OF THE LAWS OF ZAMBIA
CHAPTER 217 THE PNEUMOCONIOSIS ACT
THE PNEUMOCONIOSIS ACT
ARRANGEMENT OF SECTIONS
PART I PRELIMINARYPART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Dependants of miner
PART II ADMINISTRATIONPART II
ADMINISTRATION
IONS
PART I PRELIMINARYPART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Dependants of miner
PART II ADMINISTRATIONPART II
ADMINISTRATION
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Appointment of Officers
4. Appointment of Chairman of Board
5. Appointment of medical and other officers
6. Appointment of actuary
Pneumoconiosis Compensation Board
7. Establishment of Board
8. Composition of Board
9. Terms of office of members of Board
10. Meetings of Board and quorum
11. General powers, duties and functions of Board
12. Transfer of assets and liabilities of former Board
13. Deposit and investment of moneys
14. Power to borrow money
15. Accounts and audit
16. Power to summon witnesses and take evidence
17. Exercise of powers of Board by Chairman of Board
18. Finality of Board's decisions
19. Recovery by Board of money paid in error
Pneumoconiosis Medical and Research Bureau
20. Establishment of Bureau
21. Composition of Bureau
22. Function and control of Bureau
23. Conduct of medical examinations and issue of certificates and reports by
Bureau
24. Validity of examinations, certificates of fitness and reports issued prior to the
commencement of this Act
Medical Board of Appeal
25. Establishment of Board of Appeal
26. Composition of Board of Appeal
27.
ports issued prior to the
commencement of this Act
Medical Board of Appeal
25. Establishment of Board of Appeal
26. Composition of Board of Appeal
27.
Meetings of Board of Appeal
28. Appeals to Board of Appeal
29. Records in custody of Bureau to be available for appeals
30. Certified copies of records in custody of Bureau to be admissible as evidence
of contents
31. Reports on appeals
32. Correction of reports
33. Reference of questions for opinion of Board of Appeal
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PART III MEDICAL EXAMINATIONS, CERTIFICATES OF FITNESS AND
REPORTSPART III
M EDICAL EXAMINATIONS , CERTIFICATES OF F ITNESS AND REPORTS
blic of Zambia
PART III MEDICAL EXAMINATIONS, CERTIFICATES OF FITNESS AND
REPORTSPART III
M EDICAL EXAMINATIONS , CERTIFICATES OF F ITNESS AND REPORTS
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General
34. No employment without, or in breach of, a certificate of fitness
35. Method of obtaining certificate of fitness
36. Application forms for prescribed examinations
37. Existing, expired or expiring certificates of fitness to be delivered to Bureau at
every examination
38. Stages of pneumoconiosis
Initial Examinations
39. Initial examinations and issue of initial, initial (restricted) and special certificates
Periodical Examinations
40. Periodical examinations
41. Employer to arrange examination on expiry of certificate of fitness
42. Persons eligible for periodical examination
43. Issue of periodical certificates of fitness
Discharge Examinations
Section
44. Examination of miners before leave or discharge
45. Description of examination
46. Offence
Suspect Examinations
47. Miners suspected of compensable disease to be examined
Benefit Examinations
48. Examination for benefits
Additional Examinations
49. Additional examinations of miners on request
Certificates of Fitness
50. Particulars to be shown on certificates of fitness
51. Period of validity of certificates of fitness
52.
miners on request
Certificates of Fitness
50. Particulars to be shown on certificates of fitness
51. Period of validity of certificates of fitness
52.
Power to correct certificates of fitness
53. Issue and custody of certificates of fitness
54. Lost or destroyed certificates of fitness
Reports
55. Bureau to issue reports
Post-mortem Examinations
56. Post-mortem examinations
57. Bureau may direct post-mortem examination
tes of fitness
Reports
55. Bureau to issue reports
Post-mortem Examinations
56. Post-mortem examinations
57. Bureau may direct post-mortem examination
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PART IV BENEFITS AND OTHER FORMS OF ASSISTANCEPART IV
BENEFITS AND O THER F ORMS OF ASSISTANCE
58. Cessation of former pensions and payment of pensions to dependants of a
deceased miner who died before the date of commencement
59. Limitation on the amount of any pension or pensions to be paid
60. Benefits for pneumoconiosis in the first stage
61. Benefits for pneumoconiosis in the second stage
62. Benefits for pneumoconiosis in the third stage
63. Benefits in respect of tuberculosis
64. Benefits in respect of tuberculosis combined with pneumoconiosis
65. Discretionary payments in addition to pension
66. Contribution towards funeral expenses of a deceased miner
67. Certain benefits to be deemed to have accrued before death to a deceased
miner
68. Pensions for dependants of deceased miners
69. Assessment of earnings for the purposes of sections 60, 61, 62 and 68
70. Gratuity to widow of deceased miner on remarriage
71.
of deceased miners
69. Assessment of earnings for the purposes of sections 60, 61, 62 and 68
70. Gratuity to widow of deceased miner on remarriage
71.
Pension payable to a miner married under a system permitting of polygamy
PART V PROVISIONS GOVERNING THE PAYMENT AND RECEIPT OF
BENEFITSPART V
PROVISIONS G OVERNING THE PAYMENT AND RECEIPT OF BENEFITS
permitting of polygamy
PART V PROVISIONS GOVERNING THE PAYMENT AND RECEIPT OF
BENEFITSPART V
PROVISIONS G OVERNING THE PAYMENT AND RECEIPT OF BENEFITS
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72. Exclusion from certain rights of persons resident outside the Commonwealth
73. Application for benefits and date at which awards become effective
74. Pneumoconiosis contracted outside scheduled mines
75. Pensions not to be duplicated
76. Restriction of entitlement to a pension
77. Cessation of pensions awarded to dependants
78. Withholding of payments in certain circumstances
79. Disqualifications and penalties resulting from prohibited work
80. Adjustment of benefits on correction of incorrect medical report
81. Board's power to deal with benefits awarded to miners
82. Board's powers in relation to payments after the death of a miner
83. Disposal by Board of rights lapsing on death of beneficiary
84. Board's powers to retain part of pension when beneficiary is in institution
85. Certain benefits may be left in custody of Board
86. Interest on benefits other than pension left in custody of or retained by Board
87. Pensions left in custody of or retained by Board and interest on the same
88.
benefits other than pension left in custody of or retained by Board
87. Pensions left in custody of or retained by Board and interest on the same
88.
Discretionary powers of Board in connection with moneys in custody of Board
PART VI COMPENSATION FUND, LEVIES AND OUTSTANDING LIABILITIESPART VI
COMPENSATION F UND , LEVIES AND O UTSTANDING LIABILITIES
Section
89. Establishment of Compensation Fund
90. Levies from mine owners
91. Assessment and apportionment of outstanding liabilities
92. Payment of outstanding liability
93. Board may demand security for outstanding liability or recover payment
94. Interest on debts due to Board
95. Priority of Board's claims
PART VII GENERALPART VII
G ENERAL
urity for outstanding liability or recover payment
94. Interest on debts due to Board
95. Priority of Board's claims
PART VII GENERALPART VII
G ENERAL
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96. Regulations
97. Benefits not to be assigned, charged or attached
98. Republic to bear cost of administering this Act
99. Notices by registered letter
100. Penalties
101. Repeal and saving
F IRST SCHEDULE -Scheduled mines
SECOND SCHEDULE -Scheduled places
CHAPTER 217
PNEUMOCONIOSIS
An Act to make new provision for the assessment and payment of compensation in
connection with pneumoconiosis; to provide for the medical examination and
standards of physical fitness to be required of persons exposed or likely to be
exposed to the risk of pneumoconiosis; and to provide for matters incidental
to or connected with the foregoing. [Parts I, II, VI and VII-1st November, 1950]
[Parts III (except section 44), IV and V-31st December, 1950]
[Part III (section 44)-21st December, 1951]
27 of 1950
1 of 1951
31 of 1951
25 of 1952
6 of 1954
15 of 1955
15 of 1956
42 of 1956
3 of 1957
3 of 1959
12 of 1960
52 of 1960
30 of 1962
76 of 1963
77 of 1965
25 of 1971
13 of 1994
Government Notices
233 of 1963
497 of
1964
Statutory Instrument
124 of 1965
165 of 1983
63 of 1996
PART I PRELIMINARYPART I
PRELIMINARY
1.
13 of 1994
Government Notices
233 of 1963
497 of
1964
Statutory Instrument
124 of 1965
165 of 1983
63 of 1996
PART I PRELIMINARYPART I
PRELIMINARY
1.
This Act may be cited as the Pneumoconiosis Act. (As amended by No. 15 of 1955)
Short title
This Act may be cited as the Pneumoconiosis Act. (As amended by No. 15 of 1955)
Short title
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2.
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2.
(1) In this Act, unless the context otherwise requires-
"actuary" means an actuary appointed by the Minister for the purposes of this Act
under section six;
"benefit", when used as a noun, means, according to the context, money which has
been paid, or the payment of money, or a claim for the payment of money,
to or on behalf of a miner or to or on behalf of a dependant of a deceased
miner, under the provisions of this Act, or of the repealed Act, because the
miner was found to be or to have been suffering from pneumoconiosis or
tuberculosis or from both these diseases, but does not include financial
assistance which the Board is empowered by sections sixty-five and
sixty-six to give in its discretion; and reference to a benefit under any
specific provision of this Act shall be deemed to include reference to a
benefit under the corresponding provision of the repealed Act;
"Board" means the Pneumoconiosis Compensation Board established under
section seven;
"Board of Appeal" means the Medical Board of Appeal established under section
twenty-five;
"Bureau" means the Pneumoconiosis Medical and Research Bureau established
under section twenty;
"certificate of fitness" means any of the following certificates issued by the Bureau
under this Act:
(a) an initial certificate;
(b) an initial (restricted) certificate;
(c) a periodical certificate;
(d) a periodical (restricted) certificate;
(e) a special certificate;
"certification" and any part of the verb "certify", in relation to an act by the Bureau,
means the issue by the Bureau of a report that there is or are present in
any person pneumoconiosis or tuberculosis or both those diseases;
"Chairman of the Board" means the Chairman of the Pneumoconiosis
Compensation Board appointed under the provisions of section four;
"child" means an unmarried son or daughter and includes-
(a) an illegitimate child;
(b) a posthumous child;
(c) a stepchild, which term shall be deemed to include an illegitimate
child of the wife of a miner or of any woman with whom the miner
was, in the opinion of the Board, living as man and wife at the time
of first certification, if such child was wholly or partly supported by
the miner;
(d) a child adopted under the provisions of the Adoption Act, or adopted
prior to the commencement of that Act or outside Zambia, if the child
was in fact adopted prior to the first certification of the adoptive
father by the Bureau;
"commencement of this Act" means, in relation to any particular provision of this
Act, the date of commencement of that provision:
"commonwealth" means-
(a) the self-governing members of the Commonwealth;
(b) all British colonies;
(c) all states and territories under the protection of Her Britannic
M j t th h H G t i th U it d Ki d d
Interpretation
Cap.
(b) all British colonies;
(c) all states and territories under the protection of Her Britannic
M j t th h H G t i th U it d Ki d d
Interpretation
Cap.
54
54
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(2) For the purposes of the definition of "miner" in subsection (1), "working" does not
include the performance of infrequent inspection or other occasional duties underground
or in scheduled places or the performance underground or in a scheduled place of any
work or duty necessitated by and performed during any serious emergency. In the event
of any doubt or dispute whether duties are infrequent, occasional or otherwise, or whether
any emergency was serious or not, or as to the duration of any emergency, the decision of
the person carrying out the duties of Chief Inspector of Mines under the Mines and
Minerals Act shall be final. (As amended by No. 31 of 1951, No. 15 of 1955,
No. 42 of 1956, No. 3 of 1957, No. 30 of 1962,
No. 76 of 1963, S.I. No. 124 of 1965 and No. 77 of 1965)
Cap. 213
3.
by No. 31 of 1951, No. 15 of 1955,
No. 42 of 1956, No. 3 of 1957, No. 30 of 1962,
No. 76 of 1963, S.I. No. 124 of 1965 and No. 77 of 1965)
Cap. 213
3.
(1) For the purposes of this Act, the following persons shall be deemed to be
dependants of a deceased miner:
Dependants of miner
(a) any widow of such miner who did not desert him during his lifetime or who,
having so deserted him, bona fide returned to him before his death; or, if
there is no such widow, any woman with whom such miner was, in the
opinion of the Board, living as man and wife at the time of his death, and
any such woman shall, for the purposes of this Act, be deemed to be his
widow;
(b) the children of such miner, either under the age of eighteen years or, in the
opinion of the Board, incapable by reason of ill health or physical or mental
infirmity of earning their own living;
(c) the children of such miner who, but for the fact that they are over the age of
eighteen years, would be deemed to be dependants under the provisions of
paragraph (b), who are under the age of twenty-five years and are attending
a full-time educational course:
Provided that-
(i) the persons specified in this subsection shall only be deemed to be
dependants of the deceased miner so long as they remain
unmarried;
(ii) a stepchild shall be deemed to be a dependant of the deceased
miner only if such child was, in the opinion of the Board, dependent
upon such miner before the date upon which such miner first
became entitled to a pension under the provisions of this Act.
ion of the Board, dependent
upon such miner before the date upon which such miner first
became entitled to a pension under the provisions of this Act.
(iii) an adopted child shall be deemed to be a dependant of the
deceased miner only if such child was, in the opinion of the Board,
dependent upon him at the time of first certification by the Bureau.
endant of the
deceased miner only if such child was, in the opinion of the Board,
dependent upon him at the time of first certification by the Bureau.
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(2) In default of any dependent of a deceased miner under the provisions of
subsection (1), and subject to the provisions of paragraph (c) of subsection (2) of section
sixty-eight and of subsection (2) of section seventy-seven, such of the following persons
shall be deemed to be dependants of such deceased miner as, in the opinion of the
Board, were dependent upon him at the time of his death and who have not contracted a
marriage since the death of such miner:
(a) his children over the age of eighteen years;
(b) his father, mother, stepfather and stepmother;
(c) his brother, sister, half-brother, half-sister and any of their children;
(d) his grandparents and grandchildren; and
(e) any other relation of his by consanguinity or affinity. (As amended by No. 31 of 1951 and No. 77 of 1965)
PART II ADMINISTRATIONPART II
ADMINISTRATION
Appointment of Officers
4. (1) The Minister shall appoint a Chairman of the Board.
51 and No. 77 of 1965)
PART II ADMINISTRATIONPART II
ADMINISTRATION
Appointment of Officers
4. (1) The Minister shall appoint a Chairman of the Board.
Appointment of
Chairman of Board
(2) Subject to the provisions of section seventeen, the Chairman of the Board may
exercise all or any of the powers conferred upon the Board by this Act other than-
(a) the powers conferred upon the Board by Part VI; and
(b) the powers of the Board relating to the borrowing, lending and investment of
money, and the realisation of investments. (As amended by No. 1 of 1951, No. 25 of 1952,
No. 15 of 1955 and No. 77 of 1965)
lending and investment of
money, and the realisation of investments. (As amended by No. 1 of 1951, No. 25 of 1952,
No. 15 of 1955 and No. 77 of 1965)
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5. Subject to the provisions of any law for the time being in force relating to the
public service, the Public Service Commission may appoint such medical, technical,
clerical, accounting and other officers as may be necessary for the efficient performance
of the functions of the Board, the Bureau and the Board of Appeal. (As amended by No. 15 of 1955 and S.I. No. 124 of 1965)
Appointment of
medical and other
officers
6. The Minister shall from time to time appoint an actuary for the performance of
the special duties specified in Part VI and for the performance of any other duties which
the Board or Bureau may desire to refer to such officer. (As amended by No. 77 of 1965)
Appointment of
actuary
Pneumoconiosis Compensation Board
7. (1) Upon the commencement of this Act there shall be established a Board to be
known as the Pneumoconiosis Compensation Board.
s Compensation Board
7. (1) Upon the commencement of this Act there shall be established a Board to be
known as the Pneumoconiosis Compensation Board.
Establishment of
Board
(2) The Board shall be a body corporate capable of suing and being sued in its
corporate name and with power, subject to the provisions of this Act, to do all such acts
and things as a body corporate may do by law and may be necessary for or incidental to
the carrying out of the powers, duties and functions of the Board under this Act. (As amended by No. 3 of 1957)
8. (1) The Board shall consist of the Chairman of the Board and the following other
members:
Composition of Board
(a) the Workers' Compensation Commissioner;
(b) the Medical Superintendent of the Central Hospital, Kitwe;
(c) the Director of the Bureau;
(d) one member representing the Minister;
(e) one member to be nominated by the Minister responsible for finance and
appointed by the Minister;
(f) two members to be appointed by the Minister from persons nominated by
the registered trade unions representing the employees of the scheduled
mines;
) two members to be appointed by the Minister from persons nominated by
the registered trade unions representing the employees of the scheduled
mines;
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(g) one member to be nominated by Mindeco Limited and appointed by the
Minister;
(h) one member to be nominated by Roan Consolidated Mines Limited and
appointed by the Minister; and
(i) one member to be nominated by Nchanga Consolidated Copper Mines
Limited and appointed by the Minister. (2) For each of the members of the Board other than the Chairman there shall be
appointed an alternate member, and the provisions of subsection (3) and of section nine
shall apply to alternate members. The alternate members shall be appointed by the
Minister, and, in the case of alternate members for the members mentioned in paragraphs
(e) to (i) of subsection (1), they shall be nominated in the manner prescribed in the
aforementioned paragraphs (e) to (i) before they are so appointed. (3) If any of the persons mentioned in paragraphs (f) to (i) of subsection (1) fails,
neglects or refuses to submit a nomination or nominations, as the case may be, pursuant
to subsection (1) or (2), the Minister may, in lieu thereof, appoint such person or persons
as he may deem fit to be a member or members of the Board.
to subsection (1) or (2), the Minister may, in lieu thereof, appoint such person or persons
as he may deem fit to be a member or members of the Board.
(No. 25 of 1971)
9. (1) Subject to the provisions of subsection (2), the members of the Board
appointed under paragraphs (f) to (i) of subsection (1) of section eight shall hold office for
three years and shall be eligible for reappointment. Terms of office of
members of Board
(2) The Minister may declare the appointment of any such member to be vacated if
he is satisfied that such member-
(a) has died; or
(b) has been absent from three consecutive meetings of the Board without the
permission of the Board; or
(c) is incapacitated by physical or mental illness; or
(d) is otherwise unfit or unable to discharge his functions as a member of the
Board;
and in such case the Minister shall appoint to fill the vacancy a person chosen in the same
manner as such member was chosen.
s a member of the
Board;
and in such case the Minister shall appoint to fill the vacancy a person chosen in the same
manner as such member was chosen.
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(3) If any of the members of the Board appointed under paragraphs (f) to (i) of
subsection (1) of section eight is prevented by illness, absence from Zambia or other
specific cause from exercising his functions as a member of the Board, the Minister may
appoint any person to act for such member during his absence. The provisions of
paragraph (f), (g), (h) or (i), as the case may be, of subsection (1) of section eight, shall
apply to the appointment of such a person. (4) If at any meeting of the Board the Chairman of the Board is absent, the
members of the Board who are present shall elect as chairman for that meeting one of the
members present who is mentioned in paragraph (a), (b), (e) or (f) of subsection (1) of
section eight. (As amended by No. 15 of 1955, No. 12 of 1960,
No. 77 of 1965 and No. 25 of 1971)
10. (1) Meetings of the Board shall be held as often as may be necessary, but not
less frequently than once in any three months. Meetings of Board and
quorum
(2) Five members of the Board, of whom one may be the chairman, shall form a
quorum at any meeting thereof.
three months. Meetings of Board and
quorum
(2) Five members of the Board, of whom one may be the chairman, shall form a
quorum at any meeting thereof.
(3) The decision of the majority of the members of the Board present at any meeting
shall constitute a decision of the Board:
Provided that in the event of an equality of votes, the chairman at the meeting shall
have a casting vote in addition to his deliberative vote. (4) An alternate member may attend and take part in the proceedings at any
meeting of the Board notwithstanding the presence at such meeting of the member to
whom he is alternate, but shall not be entitled to a vote unless the member to whom he is
alternate is absent. (5) Subject to the provisions of this Act, the procedure at meetings of the Board
shall be determined by the Board. 11. (1) It shall be the duty of the Board generally to carry into effect the provisions
of this Act relating to the award of benefits, the obtaining of funds from owners of
scheduled mines and such other matters as are provided for in Parts IV, V and VI, and, in
particular, the Board shall-
General powers,
duties and functions of
Board
(a) control and administer all funds and moneys placed under the control or at
the disposal of the Board by or under this Act; and
functions of
Board
(a) control and administer all funds and moneys placed under the control or at
the disposal of the Board by or under this Act; and
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(b) determine what persons are entitled to benefits under this Act and the
benefits to which such persons are entitled, and shall pay such benefits
from the funds at the disposal of the Board. (2) The Board may from time to time make such recommendations to the Minister
as it may deem desirable for the improvement of this Act and of any regulations made
thereunder. (As amended by No. 77 of 1965)
12. (1) All assets and liabilities which at the commencement of this Act were assets
and liabilities of the former Board shall devolve upon the Board. Transfer of assets and
liabilities of former
Board
(2) For the purposes of this Act all acts performed by the former Board under and in
accordance with the provisions of the repealed Act shall be deemed to have been done by
the Board under and in accordance with the provisions of this Act. 13.
ce with the provisions of the repealed Act shall be deemed to have been done by
the Board under and in accordance with the provisions of this Act. 13.
(1) The Board shall deposit all its revenue in an account, in the name of the
Board, at a bank or banks approved by the Minister and shall not pay out any money
except by means of an order signed by two persons designated by the Board directing
such bank or banks to pay the sum or sums in question on behalf of the Board. Deposit and
investment of moneys
(2) The Board may invest any moneys belonging to the Fund in any of the following
ways:
(a) in investments which are trustee investments within the meaning of the
British Act known as the Trustee Act, 1925, or any Act amending the same
or substituted therefor;
(b) in public stock, funds or debentures issued or guaranteed by the
Government or of any part of the Commonwealth;
(c) on fixed deposit with any bank carrying on business within Zambia;
(d) in the Post Office Savings Bank;
(e) in any stock of a municipal council, or of a public utility corporation, or
institution not carrying on business for gain, where such council, corporation
or institution is within the Commonwealth;
(f) in any other investment approved by the Minister. (As amended by No. 31 of 1951, No. 25 of 1952,
G.N. No. 233 of 1964, S.I. No. 124 of 1965
and No.
f) in any other investment approved by the Minister. (As amended by No. 31 of 1951, No. 25 of 1952,
G.N. No. 233 of 1964, S.I. No. 124 of 1965
and No.
77 of 1965)
77 of 1965)
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14. The Board may, with the consent of the Minister, borrow money for the
purpose of any function which the Board is by this Act required to perform. (As amended by No. 77 of 1965)
Power to borrow
money
15. (1) The Board shall cause full and true accounts to be kept in respect of the
Fund showing-
Accounts and audit
(a) the investments of the Fund;
(b) all sums received by or due to the Fund from any source;
(c) all moneys paid out by the Board; and
(d) all ascertained liabilities of the Fund. (2) The Board shall cause the books and accounts of the Fund to be balanced every
year up to the last day of December in such year, and a balance to be made up showing,
as at that date, the assets of the Fund, including the investments, and the existing and
accruing liabilities thereof. (3) The Board shall cause proper books of account and other records to be kept in
relation to its undertakings and property, and shall prepare yearly balance sheets, made
up to the 31st December of each year, showing in all necessary detail the assets,
liabilities, revenue and expenditure of the Board.
ance sheets, made
up to the 31st December of each year, showing in all necessary detail the assets,
liabilities, revenue and expenditure of the Board.
(4) All accounts kept by the Board shall be audited by an auditor chosen by the
Board and approved by the Minister. (5) The Board shall, as soon as possible after the end of each year ending on the
31st December, furnish to the Minister a report upon its working operations during such
year. (6) The Board shall furnish to the Minister, either together with the report referred to
in subsection (5) or as soon thereafter as practicable, a balance sheet and a complete
statement, duly audited and accompanied by the report of the auditor, of the Board's
revenue and expenditure during the year covered by the said report. (As amended by No. 31 of 1951 and No. 77 of 1965)
t of the auditor, of the Board's
revenue and expenditure during the year covered by the said report. (As amended by No. 31 of 1951 and No. 77 of 1965)
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16. (1) For the purpose of determining any matter the Board shall, in addition to its
other functions and powers, have the same powers as are vested in a subordinate court to
summon witnesses and to examine them on oath and to call for the production of
documents. Power to summon
witnesses and take
evidence
(2) A summons for the attendance of a witness or for the production of any book,
document or record before the Board shall be signed and issued by the Chairman of the
Board, and shall be served in the same manner as a summons for the attendance of a
witness at a criminal trial before a subordinate court. (3) Any person summoned to give evidence or to produce any book, document or
record or giving evidence before the Board shall be entitled to the same privileges and
immunities as if he were summoned to attend or were giving evidence at a trial before a
subordinate court.
hall be entitled to the same privileges and
immunities as if he were summoned to attend or were giving evidence at a trial before a
subordinate court.
(4) If any person who has been summoned to give evidence or to produce any book,
document or record before the Board fails, neglects or refuses without reasonable excuse-
(a) to attend in obedience to such summons; or
(b) to be sworn as a witness; or
(c) having been sworn, to answer fully and to the best of his knowledge any
question lawfully put to him; or
(d) to produce any such book, document or record;
he shall be guilty of an offence. (As amended by No. 31 of 1951)
17. (1) The Chairman of the Board shall submit to each meeting of the Board, with
such details as the Board may require, a report as to his exercise under subsection (2) of
section four, of the powers of the Board since the previous meeting of the Board.
ard may require, a report as to his exercise under subsection (2) of
section four, of the powers of the Board since the previous meeting of the Board.
Exercise of powers of
Board by Chairman of
Board
(2) The amount and nature and method of payment of every benefit under this Act
awarded by the Chairman of the Board in exercise of the powers of the Board shall be
provisional, pending confirmation or variation by the Board, and the beneficiary concerned
or a person acting on his behalf, when notified of the award of the Chairman of the Board,
shall be notified that the amount, nature and method of payment thereof are provisional
and such person shall, in due course, be notified of the confirmation or variation by the
Board of the amount, nature and method of payment of such provisional award.
shall, in due course, be notified of the confirmation or variation by the
Board of the amount, nature and method of payment of such provisional award.
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(3) A beneficiary or a person acting on his behalf, who, on receipt of notice of a
provisional award, desires to make representations concerning any or all of the terms of
such provisional award before the Board proceeds to confirm or vary the same shall,
within fourteen days of the receipt of such notice, request the Chairman of the Board in
writing to delay consideration by the Board of such provisional award until representations
with regard to its terms have been received by him in writing. (4) When the Chairman of the Board has received a written request to delay
consideration by the Board as provided for in subsection (3), he shall not submit the
provisional award in question to the Board for confirmation or variation until the meeting of
the Board next following a period of forty days subsequent to the date of service of notice
of the provisional award.
r variation until the meeting of
the Board next following a period of forty days subsequent to the date of service of notice
of the provisional award.
(5) When notice of a request has been given to the Chairman of the Board under
subsection (3), the Chairman of the Board shall, at the meeting of the Board referred to in
subsection (4), put the provisional award in question before the Board for confirmation or
variation, either with or, if none has been received, without the written representations
referred to in subsection (3), and the Board may then proceed to confirm or vary such
provisional award. (6) If the Chairman of the Board, when considering any matter relating to the
payment to any person of a benefit, deems it expedient not to exercise the powers
conferred upon him by subsection (2) of section four, he shall refer the matter to the
Board, either at its next meeting or by circulation to all members, and shall inform the
person whose benefit is in question that the matter has been so referred. (As amended by No. 15 of 1955 and No. 30 of 1962)
18. Except where specifically provided, every finding, opinion and determination of
the Board shall be final. (As amended by No. 31 of 1951)
Finality of Board's
decisions
19.
cally provided, every finding, opinion and determination of
the Board shall be final. (As amended by No. 31 of 1951)
Finality of Board's
decisions
19.
Subject to the provisions of section eighty, where the Board has paid to or for
the benefit of any person any sum of money which was not due to that person, the Board
may recover such sum either directly or by deduction from any benefit to which such
person has or will become entitled. Pneumoconiosis Medical and Research Bureau
Recovery by Board of
money paid in error
20. Upon the commencement of this Act there shall be established a
Pneumoconiosis Medical and Research Bureau for the purpose of carrying into effect the
provisions of Part III and carrying out the functions of the examining and certifying medical
authority under this Act. (As amended by No. 3 of 1957)
Establishment of
Bureau
and carrying out the functions of the examining and certifying medical
authority under this Act. (As amended by No. 3 of 1957)
Establishment of
Bureau
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21. The Bureau shall consist of a director, deputy director and such other members
as the Minister may appoint. The director, deputy director and other members shall be
medical practitioners in the service of the Government. (As amended by No. 15 of 1955, No. 3 of 1957 and No. 7 of 1965)
Composition of Bureau
22. The Bureau shall be under the direction and control of the Director of the
Bureau and shall work in conjunction with the Board, and on all purely medical questions
the advice and decision of the Bureau shall, subject to the provisions of section
twenty-eight, be accepted by the Board and by any other person interested under this Act. (No. 15 of 1955 as amended by No. 3 of 1957)
Function and control of
Bureau
23. Except where otherwise specifically provided, the Bureau shall-
(a) conduct all medical examinations required under this Act.
nd control of
Bureau
23. Except where otherwise specifically provided, the Bureau shall-
(a) conduct all medical examinations required under this Act.
In the case of a
person who is resident outside Zambia, the Bureau may, in its discretion,
and subject to the payment of any expenses involved by the person
concerned, authorise the performance of a medical examination by a
medical practitioner or medical practitioners approved by the Bureau for the
purpose, but the Bureau shall interpret the findings of such examination and
no certificate or report on any medical matter other than a certificate or a
report by the Bureau or the Board of Appeal shall be valid for any purpose
of this Act. Medical practitioners approved as aforesaid shall send to the
Bureau a report written on a form to be supplied by the Bureau of the
findings of each examination made together with a radiograph, to the
satisfaction of the Bureau, of the chest of each person examined;
Conduct of medical
examinations and
issue of certificates
and reports by Bureau
(b) issue all the certificates and reports referred to in Part III except those
required under the provisions of subsection (1) of section thirty-one.
(b) issue all the certificates and reports referred to in Part III except those
required under the provisions of subsection (1) of section thirty-one.
Certificates and reports issued by the Bureau shall, subject to any finding of
the Board of Appeal, be in accordance with the interpretation by the Bureau
of the findings at examinations carried out in accordance with the provisions
of paragraph (a). 24. All medical examinations and all certificates and reports which were validated
by section forty-eight of the repealed Act, and all medical examinations and all reports and
certificates of fitness performed or issued by the Director of Medical Services, or by the
former Bureau in accordance with the arrangements made under the authority of section
twenty-three of the repealed Act before the commencement of this Act, shall be deemed
to have been performed and issued by the Bureau established under this Act and such
reports and certificates shall be accepted by the Board and by every person interested
under this Act in like manner as if they had been issued by the Bureau. Medical Board of Appeal
Validity of
examinations,
certificates of fitness
and reports issued
prior to the
commencement of this
Act
25.
by the Bureau. Medical Board of Appeal
Validity of
examinations,
certificates of fitness
and reports issued
prior to the
commencement of this
Act
25.
Upon the commencement of this Act, there shall be established a Medical
Board of Appeal to which appeals against decisions of the Bureau shall lie in accordance
with section twenty-eight. Establishment of
Board of Appeal
l
Board of Appeal to which appeals against decisions of the Bureau shall lie in accordance
with section twenty-eight. Establishment of
Board of Appeal
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26. (1) The Board of Appeal shall consist of the Director of Medical Services, who
shall be the chairman of the Board of Appeal, the Director of the Bureau, one of the
medical staff of the Bureau nominated by the Director of the Bureau and appointed by the
Minister, and two medical practitioners in the service of the Government nominated by the
Director of Medical Services and appointed by the Minister. Composition of Board
of Appeal
(2) When an appeal concerns a report by the Bureau upon the findings resulting
from a post-mortem examination, there shall be added to the Board as a member thereof
a Government pathologist, who shall be nominated by the Director of Medical Services
and appointed by the Minister. (As amended by No. 15 of 1955,
No. 3 of 1957, No. 76 of 1963
and No. 77 of 1965)
27. The Board of Appeal shall meet as often as may be necessary, and shall
consider all appeals which may be made to it in accordance with the provisions of this Act
and all questions referred to it under section thirty-three. Meetings of Board of
Appeal
28.
made to it in accordance with the provisions of this Act
and all questions referred to it under section thirty-three. Meetings of Board of
Appeal
28.
(1) Subject to such conditions as may be prescribed, any miner who is
dissatisfied with a report of the Bureau on any prescribed examination other than an initial
examination, and who has not accepted any benefit under an award made as the result of
such report, may, within thirty days after the receipt by him of the Bureau's report on such
examination, appeal to the Board of Appeal, whose decision thereon shall, subject to the
provisions of section thirty-two, be final, and shall not be subject to any further review or
appeal.
al, whose decision thereon shall, subject to the
provisions of section thirty-two, be final, and shall not be subject to any further review or
appeal.
Appeals to Board of
Appeal
(2) Whenever any dependant of a deceased miner is dissatisfied with the report of
the Bureau as to the cause of such miner's death, or as to whether such miner did or did
not have pneumoconiosis or tuberculosis, or both these diseases, at the time of his death,
and if such dependant has not accepted any benefit under an award made by the Board
as a result of such report, he may, within thirty days after the receipt by him of the
Bureau's report, appeal to the Board of Appeal, whose decision shall, subject to the
provisions of section thirty-two, be final, and shall not be subject to any further review or
appeal:
Provided that the acceptance of any benefit shall not debar a beneficiary from
appealing to the Board of Appeal if the appeal is based upon any fact of which the
appellant was not aware at the time of such acceptance. (As amended by No. 31 of 1951 and No. 15 of 1955)
29. When the Board of Appeal is considering any appeal against a decision of the
Bureau, all radiographic, clinical and other records which are in the custody of the Bureau,
and which relate to the subject-matter of the appeal, shall be made available to the Board
of Appeal.
records which are in the custody of the Bureau,
and which relate to the subject-matter of the appeal, shall be made available to the Board
of Appeal.
Records in custody of
Bureau to be available
for appeals
Records in custody of
Bureau to be available
for appeals
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30. Any microfilmed or photostat copy of any radiographic, clinical or other similar
records in the custody of the Bureau purporting to be certified as a true copy of any such
record by the Director of the Bureau shall be admissible as evidence of the matters
contained therein in all proceedings before a court. (No. 77 of 1965)
Certified copies of
records in custody of
Bureau to be
admissible as
evidence of contents
31. (1) After the hearing of every appeal under the provisions of this Act, a report
stating its decision in respect of the subject of the appeal shall be issued by the Board of
Appeal. Reports on appeals
(2) Any report which is issued under the provisions of subsection (1) shall be sent to
the appellant, and a copy of the report shall be sent to the employer or former employer,
as the case may be, to the Board and to the Bureau. (As amended by No. 30 of 1962)
32.
of the report shall be sent to the employer or former employer,
as the case may be, to the Board and to the Bureau. (As amended by No. 30 of 1962)
32.
(1) When the Board of Appeal has issued a report and subsequently is satisfied
that at the date of issue such report was incorrect, the Board of Appeal may issue a
correct report which shall, subject to the provisions of section eighty, supersede and
cancel the incorrect report. Correction of reports
(2) When a correct report has been issued under the provisions of subsection (1),
the provisions of subsection (2) of section thirty-one shall apply in respect of the issue of
such correct report. 33. The Bureau may refer any medical questions for the opinion of the Board of
Appeal, but when such reference is made by the Bureau, the opinion of the Board of
Appeal shall not be binding upon the Bureau in respect of any decision arrived at, or to be
arrived at, by the Bureau. Reference of
questions for opinion
of Board of Appeal
PART III MEDICAL EXAMINATIONS, CERTIFICATES OF FITNESS AND
REPORTSPART III
M EDICAL EXAMINATIONS , CERTIFICATES OF F ITNESS AND REPORTS
General
Appeal
PART III MEDICAL EXAMINATIONS, CERTIFICATES OF FITNESS AND
REPORTSPART III
M EDICAL EXAMINATIONS , CERTIFICATES OF F ITNESS AND REPORTS
General
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34.
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34.
Any person who-
(a) employs as a miner any person who is not the subject of a valid certificate
of fitness; or
(b) employs as a miner any person who is the subject of an initial (restricted)
certificate or a periodical (restricted) certificate otherwise than in
accordance with the restrictions set out in such certificate; or
(c) employs as a miner any person who is the subject of a special certificate for
more than an aggregate of one hundred hours in any period of thirty days;
or
(d) works as a miner without being the subject of a valid certificate of fitness; or
(e) being the subject of an initial (restricted) certificate or periodical (restricted)
certificate, works as a miner otherwise than in accordance with the
restrictions set out in such certificate; or
(f) being the subject of a special certificate, works as a miner for more than an
aggregate of one hundred hours in any period of thirty days;
shall be guilty of an offence:
No employment
without, or in breach
of, a certificate of
fitness
Provided that when a miner is or is to be presented for examination under section
forty-one, the continuation of his working or employment as a miner up to fifteen days or
for such longer period as the Bureau may authorise in writing with reference to him, after
the validity of his certificate of fitness has expired, shall not constitute an offence against
the provisions of this Act.
th reference to him, after
the validity of his certificate of fitness has expired, shall not constitute an offence against
the provisions of this Act.
(As amended by No. 30 of 1962)
35. (1) In order to obtain a certificate of fitness, the person concerned shall undergo
the appropriate examination prescribed by this Act as hereinafter provided. Method of obtaining
certificate of fitness
(2) Any employer or prospective employer desiring to present any person for a
prescribed examination shall do so at a date and time to be arranged between the Bureau,
or medical practitioner outside Zambia authorised by the Bureau under paragraph (a) of
section twenty-three, and such employer or prospective employer. (3) Any person not employed as a miner or having no definite offer of employment
as a miner, who desires to undergo a prescribed examination, shall apply to the Bureau in
person or in writing and shall attend for examination at the date and time fixed by the
Bureau for the purpose. (As amended by No. 30 of 1962)
36.
in
person or in writing and shall attend for examination at the date and time fixed by the
Bureau for the purpose. (As amended by No. 30 of 1962)
36.
(1) Before any prescribed examination is carried out, the first part, that is to say,
the statement as to the nature of the examination, personal particulars, occupational
history and declaration as to the truth of the particulars given, of the appropriate form
supplied by the Bureau shall be completed and delivered to the Bureau at the same time
as the person concerned presents himself, or is presented, for examination. Application forms for
prescribed
examinations
the Bureau at the same time
as the person concerned presents himself, or is presented, for examination. Application forms for
prescribed
examinations
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(2) In the case of a miner in employment as such, or a person presented by an
employer for engagement as a miner, such required particulars shall be entered on the
form by the employer or prospective employer, and the declaration that the particulars are
correct shall be signed by such employer or prospective employer and by such miner or
person presented for engagement as a miner, as the case may be. (3) In all other cases the person to be examined shall enter or cause to be entered
on his behalf such required particulars on the form and shall, as the Bureau may require,
sign, or affix his thumbprint to, the declaration that the particulars are correct. (4) Any person who knowingly makes a false statement on such form, and any
person who knowingly leads any other person to record a false statement on any such
form, shall be guilty of an offence.
atement on such form, and any
person who knowingly leads any other person to record a false statement on any such
form, shall be guilty of an offence.
(5) When any person is convicted of an offence under subsection (4) the court
convicting him may, if it is satisfied that the Bureau has issued to or in respect of the
convicted person any certificate of fitness or report which, but for the false statement,
would not have been issued, direct that such certificate or report shall forthwith be
cancelled and the person having custody of any such certificate of fitness shall forthwith
return the same to the Bureau for cancellation. (6) Any person who fails to return a certificate of fitness to the Bureau in accordance
with subsection (5) shall be guilty of an offence and liable to a fine of three hundred
penalty units. (As amended by No. 31 of 1951, No. 30 of 1962
and Act No. 13 of 1994)
37. (1) On the occasion of every prescribed examination of a person who is in
employment as a miner, the employer having the custody of the miner's certificate of
fitness shall cause such certificate to be delivered to the Bureau before the new
examination may be performed.
custody of the miner's certificate of
fitness shall cause such certificate to be delivered to the Bureau before the new
examination may be performed.
Existing, expired or
expiring certificates of
fitness to be delivered
to Bureau at every
examination
(2) On the occasion of every prescribed examination of a person who is not at the
time of examination in employment as a miner but in respect of whom any certificate
under this Part or under the repealed Act has been issued and has not been returned to
the Bureau, such certificate shall, whether valid or expired, be delivered to the Bureau
before the new examination may be performed. (3) Notwithstanding the provisions of subsections (1) and (2), the Bureau may, if
satisfied that a certificate not delivered as required has been lost or destroyed, proceed
with an examination and issue a certificate appropriate to the case, having regard to the
Bureau's records of previous examinations and certificates in respect of the person
concerned.
rtificate appropriate to the case, having regard to the
Bureau's records of previous examinations and certificates in respect of the person
concerned.
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38.
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38.
(1) Upon any prescribed examination, after both clinical and radiological
examination of the person examined, and having regard to the occupational history of
such person and to any other factor considered by the Bureau to be relevant-
Stages of
pneumoconiosis
(a) if the Bureau is satisfied that pneumoconiosis is present in the lungs of
such person and that such pneumoconiosis shows-
(i) radiological evidence of nodulation accompanied by no, or only very
slight, incapacity; or
(ii) no radiological evidence of nodulation but is accompanied by
moderate incapacity;
the Bureau shall certify that such person is suffering from pneumoconiosis
in the first stage; or
(b) if the Bureau is satisfied that pneumoconiosis is present in the lungs of
such person and is accompanied by definite and appreciable incapacity, the
Bureau shall certify that such person is suffering from pneumoconiosis in
the second stage; or
(c) if the Bureau is satisfied-
(i) that pneumoconiosis is present in an advanced stage in the lungs of
such person; and
(ii) that such pneumoconiosis is accompanied by serious incapacity;
the Bureau shall certify that such person is suffering from pneumoconiosis
in the third stage;
and, subject to any appeal entered under the provisions of section twenty-eight, any such
certificate of the Bureau shall be conclusive evidence for the purposes of this Act that
such person is suffering from the stage of pneumoconiosis specified in such certificate.
hall be conclusive evidence for the purposes of this Act that
such person is suffering from the stage of pneumoconiosis specified in such certificate.
(2) For the purposes of this section, "incapacity" means physical incapacity,
attributable to pneumoconiosis, for his work on the part of the person concerned. (No. 15 of 1955)
Initial Examinations
39. (1) A person desiring employment as a miner who does not hold a valid
certificate of fitness and who is not eligible for a periodical examination-
Initial examinations
and issue of initial,
initial (restricted) and
special certificates
(a) if he has been offered such employment, shall be presented by his
prospective employer to the Bureau for examination; and
and
special certificates
(a) if he has been offered such employment, shall be presented by his
prospective employer to the Bureau for examination; and
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(b) if he has no definite offer of such employment, may himself make
application to the Bureau for examination. (2) A medical examination performed by the Bureau under the provisions of this
section or the interpretation by the Bureau of the findings of a medical examination
performed for a like purpose by an approved medical practitioner in the case of a person
resident outside Zambia under paragraph (a) of section twenty-three, as the case may be,
shall be known as an initial examination and shall be so described on the prescribed form
of application.
of section twenty-three, as the case may be,
shall be known as an initial examination and shall be so described on the prescribed form
of application.
(3) At every initial examination the candidate shall be clinically and radiologically
examined, and upon such examination the Bureau may find either-
(a) that he is free from tuberculosis and any other respiratory disease and is in
every way physically suitable for work as a miner in occupations involving
exposure to harmful dust, and entitled accordingly to the issue of an initial
certificate; or
(b) that he does not conform to the standard laid down in paragraph (a) but is
nevertheless free from tuberculosis and from pneumoconiosis in the third
stage and is, in the opinion of the Bureau, medically fit for work as a miner
at a particular scheduled mine in some particular occupation or
occupations, and eligible accordingly for the issue of an initial (restricted)
certificate; or
(c) that he does not conform to the standard laid down in paragraph (a) but is
nevertheless free from tuberculosis and from pneumoconiosis in the third
stage and is, in the opinion of the Bureau, medically fit for work as a miner
for an aggregate of not more than one hundred hours in any one period of
thirty days, and is eligible accordingly for the issue of a special certificate;
or
(d) that he is not fit for work as a miner at the time of examination but may
present himself or be presented for further examination after the expiration
of such period as the Bureau may specify; or
(e) that he is not fit for work as a miner in any circumstances.
further examination after the expiration
of such period as the Bureau may specify; or
(e) that he is not fit for work as a miner in any circumstances.
(4) Notwithstanding the provisions of section forty, the re-examination for continued
employment of a person who has been employed as a miner by virtue of his having been
the holder of a special certificate shall be deemed to be an initial examination, and the
provisions of this section shall apply accordingly. (5) Where a person has been examined by the Bureau under this section and has
been found to be entitled to or eligible for the issue of a certificate of fitness as provided in
subsection (3), the Bureau shall forthwith issue the appropriate certificate in the prescribed
form:
issue of a certificate of fitness as provided in
subsection (3), the Bureau shall forthwith issue the appropriate certificate in the prescribed
form:
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Provided that the Bureau shall not issue an initial (restricted) certificate or a special
certificate unless it is satisfied that suitable employment is or will be available for the
candidate. (6) Where a person-
(a) is presented for examination by a prospective employer under this section;
or
(b) applies for examination under this section and satisfies the secretary of the
Bureau that he genuinely intends to take up employment as a miner;
the examination shall be free, but in any other case the examination shall not be
performed until the prescribed fee has been paid. All fees payable under this subsection
shall be received by the secretary of the Bureau and paid into the general revenues of the
Republic. (7) The decision of the Bureau under this section shall be final and shall not be
subject to review or appeal, and the Bureau shall be under no obligation to reveal to any
person the grounds upon which a candidate for mining employment was found to be unfit
for a certificate, but may in its discretion do so in any particular case. (As amended by No. 15 of 1955 and S.I. No.
employment was found to be unfit
for a certificate, but may in its discretion do so in any particular case. (As amended by No. 15 of 1955 and S.I. No.
124 of 1965)
Periodical Examinations
40. Subject to the provisions of section forty-two, every person, whether in
employment as a miner or not, in respect of whom a certificate of fitness has been issued-
(a) if he is in employment as a miner, may be presented to the Bureau by his
employer; and
(b) if he is not in employment as a miner, may himself apply to the Bureau;
for examination for the purpose of ascertaining-
Periodical
examinations
(i) whether he is suffering from tuberculosis or pneumoconiosis and, if
he is suffering from pneumoconiosis, the stage in which that disease
is; or
(ii) if he is such a person as is mentioned in the proviso to section
forty-two, whether his fitness for work as a miner has been seriously
impaired by any disease or by old age. Such examination shall, subject to the provisions of subsection (4) of section thirty-nine,
be known as a periodical examination and shall be so described on the prescribed form of
application for examination. (As amended by No. 15 of 1955)
,
be known as a periodical examination and shall be so described on the prescribed form of
application for examination. (As amended by No. 15 of 1955)
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41. An employer having the custody of a certificate of fitness shall, within fifteen
days before or after the date of expiry of the validity of such certificate, arrange with the
Bureau for the miner concerned to undergo a periodical examination or, in the case of a
person to whom subsection (4) of section thirty-nine applies, the examination prescribed
by that subsection. Employer to arrange
examination on expiry
of certificate of fitness
42.
of section thirty-nine applies, the examination prescribed
by that subsection. Employer to arrange
examination on expiry
of certificate of fitness
42.
No person shall be eligible for a periodical examination-
(a) save as otherwise expressly provided in this Act or as may be required by
the Bureau or the Board, prior to a date fifteen days before the date of the
expiry of the validity of his certificate of fitness; and
(b) unless the application for a periodical examination is made within one year
and six months from the date of expiry of the validity of the last certificate of
fitness issued under this Act or under the repealed Act; and
(c) unless at the date of his last examination by the Bureau or former Bureau
he was found to be free from tuberculosis and from pneumoconiosis in the
third stage; and
(d) where his last issued certificate of fitness was an initial certificate, unless,
during the period of validity of such certificate, he has been employed as a
miner:
Persons eligible for
periodical examination
Provided that paragraph (b) shall not apply in the case of a person who has a
definite offer of employment as a miner and who has worked as a miner at one or more of
the scheduled mines for a total of five years or longer and who has, since he last so
worked, not worked in any occupation which, in the opinion of the Bureau, would expose
him to the risk of inhaling harmful dust.
has, since he last so
worked, not worked in any occupation which, in the opinion of the Bureau, would expose
him to the risk of inhaling harmful dust.
(As amended by No. 25 of 1952, No. 6 of 1954 and No. 15 of 1955)
43. (1) At every periodical examination the candidate shall be clinically and
radiologically examined, and if upon such examination the Bureau finds that the person
examined is free from tuberculosis and from pneumoconiosis in the third stage, the
Bureau shall either-
Issue of periodical
certificates of fitness
(a) issue a certificate of fitness, to be known as a periodical certificate; or
(b) if the previous certificate of fitness issued in respect of the person
examined is either an initial (restricted) certificate, or a periodical
(restricted) certificate, issue a certificate of fitness, to be known as a
periodical (restricted) certificate, which shall contain restrictions of a like
nature to those contained in the previous certificate; or
(c) in the case of a person admitted to a periodical examination under the
proviso to section forty-two, refuse to issue a periodical certificate, unless,
in addition to freedom from tuberculosis and pneumoconiosis in the third
stage, the Bureau finds that fitness for work as a miner has not been
seriously impaired by any disease or by old age.
and pneumoconiosis in the third
stage, the Bureau finds that fitness for work as a miner has not been
seriously impaired by any disease or by old age.
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(2) When, at the time of any periodical examination, the Bureau cannot forthwith
determine with certainty the presence or absence of tuberculosis, the Bureau may-
(a) suspend the validity of an existing certificate of fitness for the remaining
period of its validity or any portion thereof; and
(b) withhold the issue of a periodical certificate for any period not exceeding
thirty days. (As amended by No. 15 of 1955)
Discharge Examinations
44.
(b) withhold the issue of a periodical certificate for any period not exceeding
thirty days. (As amended by No. 15 of 1955)
Discharge Examinations
44.
(1) Every employer shall inform the Bureau- Examination of miners
before leave or
discharge
(a) when any miner, whose existing certificate of fitness when issued was valid
for 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 or to cease to
be employed by such employer:
Provided that this paragraph shall not apply to any case in which such
miner has been examined within one hundred and eighty days of the date
of his proceeding on leave or ceasing to be employed, as the case may be;
and
(b) when any 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 or to cease to be employed by such employer. (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 the date
on which such miner is due to proceed on leave or to cease to be employed, as the case
may be.
rteen days and not less than seven days before the date
on which such miner is due to proceed on leave or to cease to be employed, as the case
may be.
(3) The Bureau shall, after an examination of its records as to the health of such
miner, inform the employer whether such miner is required to present himself for
examination. (4) If the Bureau, acting in accordance with subsection (3), requires the examination
to be performed, the employer shall instruct and arrange for the miner concerned to
present himself for examination by the Bureau and such miner shall so present himself. (No. 31 of 1951 as amended by No. 30 of 1962)
iner concerned to
present himself for examination by the Bureau and such miner shall so present himself. (No. 31 of 1951 as amended by No. 30 of 1962)
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45. An examination under section forty-four shall be known as a discharge
examination and shall be so described upon the prescribed form of application delivered
to the Bureau. (As amended by No. 30 of 1962)
Description of
examination
46. Any employer or miner who contravenes or fails without reasonable excuse to
comply with any provision of section forty-four shall be guilty of an offence. (As amended by No. 31 of 1951 and No. 30 of 1962)
Offence
Suspect Examinations
47. 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 miner at such mine may be
suffering from pneumoconiosis or tuberculosis, the medical practitioner shall so inform the
employer who shall arrange for such miner to be examined by the Bureau. Such
examination shall be known for the purposes of this Act as a suspect examination and
shall be so described on the prescribed form of application delivered to the Bureau. (As amended by No. 15 of 1955)
Miners suspected of
compensable disease
to be examined
Benefit Examinations
48.
of application delivered to the Bureau. (As amended by No. 15 of 1955)
Miners suspected of
compensable disease
to be examined
Benefit Examinations
48.
Any person who-
(a) was formerly but is no longer employed as a miner;
(b) is not the holder of a valid certificate of fitness;
(c) is not qualified for a periodical examination; and
(d) has not, within the twelve months immediately preceding his application,
been examined by the Bureau under this section or under arrangements
operating under any provision of the repealed Act;
may apply for and shall be entitled to receive a medical examination with a view to
ascertaining whether he is suffering from a disease which may make him eligible for a
benefit under this Act. Such examination shall be known as a benefit examination and
shall be so described upon the prescribed form of application for examination delivered to
the Bureau. Additional Examinations
Examination for
benefits
49. (1) A person who is employed as a miner who- Additional
examinations of
miners on request
(a) believes that he is or may be suffering from respiratory disease which might
entitle him to benefit under this Act;
minations of
miners on request
(a) believes that he is or may be suffering from respiratory disease which might
entitle him to benefit under this Act;
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(b) submits to the Bureau a written request to be specially examined by the
Bureau together with the prescribed form of application for examination;
(c) submits with such request a certificate signed by a registered medical
practitioner to the effect that he considers the request and the belief which
led to the request to be reasonable; and
(d) has informed his employer that he intends to submit a request as aforesaid;
shall be entitled to be examined by the Bureau once in any calendar year in addition to
any other prescribed examination during that year. Such examination shall be known as
an additional examination and shall be so described upon the prescribed form of
application for examination delivered to the Bureau. (2) The Bureau shall arrange and perform all additional examinations. Additional
examinations shall be both clinical and radiological. Certificates of Fitness
50.
au shall arrange and perform all additional examinations. Additional
examinations shall be both clinical and radiological. Certificates of Fitness
50.
(1) Every certificate of fitness shall be in the prescribed form and shall show the
nature of the certificate, the date of its expiry, and the name and Bureau number of the
person in respect of whom it was issued, and such person shall place his signature or
thumb-print upon the face of the certificate. No certificate shall be valid unless it bears
upon its face the signature or stamped facsimile signature of the Director or Secretary of
the Bureau. Particulars to be
shown on certificates
of fitness
(2) In addition to the particulars required by subsection (1) to be given on every
certificate, an initial (restricted) certificate and a periodical (restricted) certificate shall
show the fact that the validity is restricted and the occupation or occupations in which and
the scheduled mine or scheduled mines at which the certificate is valid.
hat the validity is restricted and the occupation or occupations in which and
the scheduled mine or scheduled mines at which the certificate is valid.
(3) In addition to the particulars required by subsections (1) and (2), every periodical
certificate whether restricted or unrestricted shall state-
(a) that the person in respect of whom it was issued is free from tuberculosis;
and
(b) that he does not suffer from pneumoconiosis or that he suffers from
pneumoconiosis in the first or second stage, as the case may be. (4) In addition to the particulars required by subsection (1) to be given on every
certificate, every special certificate shall show that it is not lawful for the person in respect
of whom such certificate was issued to work as a miner for longer than one hundred hours
in any period of thirty days. (As amended by No. 25 of 1952, No. 15 of 1955 and No. 3 of 1957)
ed to work as a miner for longer than one hundred hours
in any period of thirty days. (As amended by No. 25 of 1952, No. 15 of 1955 and No. 3 of 1957)
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51. Subject to the provisions of subsection (2) of section forty-three, the period of
validity of a certificate of fitness shall be one year:
Period of validity of
certificates of fitness
Provided that-
(i) the Bureau may, in any case in which it is deemed desirable for
medical reasons, make the validity of a periodical or periodical
(restricted) or special certificate such lesser period as may to the
Bureau seem appropriate; and
(ii) whenever a report issued by the Bureau certifies tuberculosis with or
without pneumoconiosis or pneumoconiosis in the third stage to be
present in a person examined, any certificate of fitness which may
be extant in respect of such person shall forthwith become invalid,
and the person in whose custody the certificate is shall forthwith
return it to the Bureau for cancellation. Any person who fails to
return such certificate shall be guilty of an offence. (As amended by No. 15 of 1955)
52.
n it to the Bureau for cancellation. Any person who fails to
return such certificate shall be guilty of an offence. (As amended by No. 15 of 1955)
52.
(1) When the Bureau has issued a certificate of fitness and subsequently
becomes satisfied that, at the date of issue, such certificate was incorrect in any respect,
the Bureau shall recall and cancel the incorrect certificate. Power to correct
certificates of fitness
(2) If on the facts known to the Bureau at the date of recall of the incorrect
certificate, the issue of a certificate is required by any provision of this Act, the Bureau
shall, on receipt of the incorrect certificate for cancellation, issue the appropriate
certificate, particulars whereon shall be such as they would have been had such facts
been known to the Bureau at the date of issue of the incorrect certificate. (3) If on the facts as aforesaid the issue of a certificate is not permissible under the
provisions of this Act, the Bureau shall so inform every person who was informed of the
issue of the incorrect certificate. (4) Any person who refuses or neglects to return to the Bureau any certificate
recalled under the provisions of this section shall be guilty of an offence. 53.
erson who refuses or neglects to return to the Bureau any certificate
recalled under the provisions of this section shall be guilty of an offence. 53.
(1) Where any person is entitled to the issue of a certificate of fitness under the
provisions of this Act-
Issue and custody of
certificates of fitness
(a) if the person examined is in employment as a miner or is presented to the
Bureau by a prospective employer for examination with a view to his
engagement as a miner, the certificate shall be sent by the Bureau to the
employer or prospective employer, as the case may be;
ion with a view to his
engagement as a miner, the certificate shall be sent by the Bureau to the
employer or prospective employer, as the case may be;
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(b) if the person examined is neither in employment as a miner nor presented
for examination by a prospective employer, the certificate shall be sent by
the Bureau to the person examined, who shall, when being engaged for
work as a miner, deliver such certificate into the custody of his employer. (2) Every employer shall keep in his custody each certificate received by him in
accordance with the provisions of subsection (1) during the period of validity of such
certificate and during the period of employment as a miner by him of the person in respect
of whom it was issued.
uring the period of validity of such
certificate and during the period of employment as a miner by him of the person in respect
of whom it was issued.
(3) When a miner ceases to be so employed the employer shall deliver to him the
certificate of fitness which has been in the employer's custody:
Provided that in the case of any miner ceasing to be employed as such but
continuing to work for the same employer in an occupation other than that of a miner, the
employer shall continue to keep such person's certificate of fitness in his custody and shall
instruct and arrange for such person to present himself for periodical examination by the
Bureau in accordance with the provisions of section forty-one. (4) Any employer who contravenes or fails without reasonable excuse to comply
with any provision of subsection (2) or (3) shall be guilty of an offence. (As amended by No. 31 of 1951 and No. 30 of 1962)
54.
able excuse to comply
with any provision of subsection (2) or (3) shall be guilty of an offence. (As amended by No. 31 of 1951 and No. 30 of 1962)
54.
(1) The Bureau may in its discretion replace a certificate of fitness which has
been lost or destroyed where-
Lost or destroyed
certificates of fitness
(a) application for replacement is made in person or in writing to the secretary
of the Bureau by the person responsible under this Act for the custody of
the missing certificate at the time its loss or destruction was discovered;
(b) at the time of application for replacement the certificate was still valid;
(c) the secretary of the Bureau is satisfied-
(i) that the certificate has in fact been lost or destroyed; and
(ii) that any applicant for replacement of a certificate issued in respect
of himself is in fact the person in respect of whom the certificate lost
or destroyed was issued; and
(d) a fee of eight fee units, which shall be paid into the general revenues of the
Republic, has been paid to the secretary of the Bureau by the applicant.
fee of eight fee units, which shall be paid into the general revenues of the
Republic, has been paid to the secretary of the Bureau by the applicant.
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(2) A new certificate issued in accordance with subsection (1) shall be identical in its
particulars with the certificate lost or destroyed. (As amended by S.I. No. 124 of 1965 and Act No. 13 of 1994)
Reports
55. (1) After every prescribed examination, the Bureau shall issue a report of its
findings in the prescribed form. Bureau to issue
reports
(2) The original of each report issued in accordance with subsection (1) shall-
(a) in the case of a person presented by an employer or prospective employer
for examination, be sent by the Bureau to the employer or prospective
employer and, where the Bureau certifies the presence of pneumoconiosis
or tuberculosis in the person examined, a copy of such report shall be sent
to such person;
(b) in the case of any other person-
(i) if he is a miner, be sent by the Bureau to such person and a copy of
such report shall be sent to the mine secretary of the mine at which
such person was last employed;
(ii) if he is not a miner, be sent by the Bureau to such person.
all be sent to the mine secretary of the mine at which
such person was last employed;
(ii) if he is not a miner, be sent by the Bureau to such person.
(3) Whenever a report issued under this section certifies pneumoconiosis or
tuberculosis to be present in the person examined, a copy of such report shall be sent by
the Bureau to the Board and to-
(a) the Pneumoconiosis Board and Pneumoconiosis Bureau of the Republic of
South Africa; or
(b) the Pneumoconiosis Compensation Board and Pneumoconiosis Medical
Bureau of Zimbabwe; or
(c) the Pneumoconiosis Board and Bureau of the Republic of South Africa and
the Pneumoconiosis Compensation Board and Medical Bureau of
Zimbabwe;
if the person reported on has worked in either or both of those countries, as the case may
be, in an occupation deemed by the Bureau to involve exposure to risk of
pneumoconiosis.
worked in either or both of those countries, as the case may
be, in an occupation deemed by the Bureau to involve exposure to risk of
pneumoconiosis.
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(4) Subject to the provisions of section eighty, when the Bureau has issued a report
and subsequently becomes satisfied that at the date of issue such report was incorrect,
the Bureau shall issue a correct report which shall supersede and cancel the incorrect
report. (As amended by No. 6 of 1954,
No. 15 of 1955, No. 3 of 1957
and No. 30 of 1962)
Post-mortem Examinations
56. (1) Every medical practitioner who carries out a post-mortem examination upon
the body of a person shall-
Post-mortem
examinations
(a) if he finds tuberculosis to be present in the lungs of the deceased and if he
has reason to believe that the deceased had at any time been employed as
a miner; or
(b) if he finds pneumoconiosis to be present in the lungs of the deceased;
send the heart and lungs of the deceased to the Bureau accompanied by such report as
he may be able to supply as to the health of the deceased during the thirty days prior to
death.
deceased to the Bureau accompanied by such report as
he may be able to supply as to the 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)
shall be guilty of an offence and shall be liable to a fine not exceeding seven hundred and
fifty penalty units. (As amended by No. 31 of 1951,
No. 15 of 1955
and Act No. 13 of 1994)
57. (1) Where a miner has died and the Bureau deems it necessary for the proper
determination of the cause of death or of the presence or absence of tuberculosis or
pneumoconiosis or the stage of the latter if present, the Bureau may direct that a
post-mortem examination of the body of the deceased shall be carried out. Bureau may direct
post-mortem
examination
(2) Where a miner who has worked as such at a scheduled mine for not less than
five years has died within Zambia, and a dependant of such miner transmits to the Bureau
a written request for a post-mortem examination, the Bureau may, in its discretion, direct
that a post-mortem examination shall be carried out. (3) A post-mortem examination may, for the purposes of this section, be made by
any registered medical practitioner in accordance with arrangements made by the Bureau. (As amended by No 15 of 1955)
oses of this section, be made by
any registered medical practitioner in accordance with arrangements made by the Bureau. (As amended by No 15 of 1955)
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PART IV BENEFITS AND OTHER FORMS OF ASSISTANCEPART IV
BENEFITS AND O THER F ORMS OF ASSISTANCE
58. (1) All former pensions shall cease to be payable on the date of
commencement and thereafter every person entitled to a former pension immediately prior
to the date of commencement shall, subject to the provisions of the amended Act, be paid
a monthly pension which shall be assessed by the Board in every respect as if the
amended Act had been in force when such former pension was assessed.
a monthly pension which shall be assessed by the Board in every respect as if the
amended Act had been in force when such former pension was assessed.
Cessation of former
pensions and payment
of pensions to
dependants of a
deceased miner who
died before the date of
commencement
(2) Notwithstanding the provisions of subsection (1), the total monthly amount of any
pension or pensions payable in pursuance of subsection (1) to a miner or the dependants
of a deceased miner shall not exceed the earnings of such miner and, where the pension
or pensions, as so assessed, exceed such earnings, the pension or pensions shall be
reduced in such manner as the Board may consider necessary to ensure that the
provisions of this subsection are complied with:
Provided that the pension payable to a miner shall not be less than his former
pension; and the pension payable to a dependant of a deceased miner shall not be less
than the former pension received by such dependant.
n his former
pension; and the pension payable to a dependant of a deceased miner shall not be less
than the former pension received by such dependant.
(3) Where any person, in pursuance of subsection (1), receives a pension which
exceeds the amount of the former pension received by such person, the Board shall, in
such manner and over such period as it may determine, pay to such person the difference
between such pension and such former pension calculated on the period from the 1st
January, 1961, or the date when such former pension first became payable, whichever is
the later, to the date of commencement. (4) Where, prior to the date of commencement, a payment under the provisions of
section seventy-one was made or was due to the dependants of a deceased miner who
died on or after the 1st January, 1961, the Board shall assess the pension, if any, which
would have been payable under the provisions of the amended Act, if such miner had died
on the date of commencement and thereafter the pension so assessed shall be paid in
accordance with and subject to the provisions of the amended Act:
Provided that the amount of a pension so assessed in respect of a deceased miner
shall not exceed the earnings of such miner.
ions of the amended Act:
Provided that the amount of a pension so assessed in respect of a deceased miner
shall not exceed the earnings of such miner.
(5) In assessing a pension in pursuance of subsection (4), the Board shall, for the
purpose of determining who are the dependants of a deceased miner, have regard to the
position pertaining at the date of commencement and determine who are the dependants
accordingly.
e dependants of a deceased miner, have regard to the
position pertaining at the date of commencement and determine who are the dependants
accordingly.
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(6) For the purpose of assessing a pension in pursuance of subsections (1) and (4),
the earnings of a miner shall be treated as being the earnings which, in the opinion of the
Board, he would have received if he had performed the duties which he was last employed
as a miner to perform throughout the month of January, 1961, or if he was employed as a
miner throughout the said month, the earnings which he received in such month:
Provided that where the earnings of a miner as so assessed are in excess of two
hundred kwacha they shall be treated as being two hundred kwacha. (7) For the purposes of this section-
"date of commencement" means the 1st December, 1962;
"former pension" means a pension payable under the Act immediately prior to the
date of commencement;
"the amended Act" means the Act as amended by Act No. 30 of 1962;
"the Act" means the Pneumoconiosis Act in force immediately prior to the date of
commencement. (No. 30 of 1962 as amended by
S.I. No. 124 of 1965)
59.
"the Act" means the Pneumoconiosis Act in force immediately prior to the date of
commencement. (No. 30 of 1962 as amended by
S.I. No. 124 of 1965)
59.
(1) Notwithstanding any other provisions contained in this Act, the total monthly
amount of any pension or pensions payable under section sixty-one, sixty-two or
sixty-eight to a miner or the dependants of a deceased miner shall not exceed the
earnings of such miner and, where the pension or pensions assessed under any of the
said sections exceed such earnings, the pension or pensions shall be reduced in such
manner as the Board may consider necessary to ensure that the provisions of this section
are complied with. Limitation on the
amount of any pension
or pensions to be paid
(2) For the purposes of this section, the earnings of a miner shall be assessed in the
manner set out in subsection (1) of section sixty-nine:
Provided that where the earnings of any miner as so assessed are in excess of two
hundred kwacha, the earnings of such miner shall be treated as being two hundred
kwacha. (3) The provisions of this section shall not apply to any pension assessed in
pursuance of the provisions of section fifty-eight. (No. 30 of 1962)
60.
(3) The provisions of this section shall not apply to any pension assessed in
pursuance of the provisions of section fifty-eight. (No. 30 of 1962)
60.
When the Bureau certifies for the first time that a miner who has not previously
been entitled to any benefit is suffering from pneumoconiosis in the first stage but is not
suffering from tuberculosis, the miner shall be entitled to such sum as bears the same
proportion to one thousand two hundred kwacha as his earnings bear to one hundred and
sixty kwacha. (No. 30 of 1962)
Benefits for
pneumoconiosis in the
first stage
one thousand two hundred kwacha as his earnings bear to one hundred and
sixty kwacha. (No. 30 of 1962)
Benefits for
pneumoconiosis in the
first stage
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61. (1) When the Bureau certifies for the first time that a miner who has already
become entitled to a benefit under section sixty and who has not previously become
entitled to any other benefit is suffering from pneumoconiosis in the second stage but is
not suffering from tuberculosis, the miner shall be entitled to a monthly pension of-
Benefits for
pneumoconiosis in the
second stage
(a) in respect of himself, such sum as bears the same proportion to thirty-two
kwacha as his earnings bear to one hundred and sixty kwacha; and
(b) where the miner has a wife, in respect of such wife such sum as bears the
same proportion to ten kwacha as the miner's earnings bear to one hundred
and sixty kwacha; and
(c) where the miner has a child or children, in respect of each child under the
age of eighteen years such sum as bears the same proportion to five
kwacha as the miner's earnings bear to one hundred and sixty kwacha.
ild under the
age of eighteen years such sum as bears the same proportion to five
kwacha as the miner's earnings bear to one hundred and sixty kwacha.
(2) When the Bureau certifies for the first time that a miner who has not previously
been entitled to any benefit is suffering from pneumoconiosis in the second stage but is
not suffering from tuberculosis, the miner shall be entitled to a benefit in accordance with
the provisions of section sixty and, in addition thereto, to a monthly pension in accordance
with the provisions of subsection (1). (As amended by No. 6 of 1954, No. 15 of 1955 and No. 30 of 1962)
62.
hereto, to a monthly pension in accordance
with the provisions of subsection (1). (As amended by No. 6 of 1954, No. 15 of 1955 and No. 30 of 1962)
62.
(1) When the Bureau certifies for the first time that a miner who has already
been entitled to a benefit under section sixty or sixty-one is suffering from pneumoconiosis
in the third stage but is not suffering from tuberculosis, such miner shall be entitled to a
monthly pension of-
Benefits for
pneumoconiosis in the
third stage
(a) in respect of himself, such sum as bears the same proportion to seventy-six
kwacha as his earnings bear to one hundred and sixty kwacha; and
(b) where the miner has a wife, in respect of such wife such sum as bears the
same proportion to twenty kwacha as the miner's earnings bear to one
hundred and sixty kwacha; and
(c) where the miner has a child or children, in respect of each such child under
the age of eighteen years such sum as bears the same proportion to nine
kwacha as the miner's earnings bear to one hundred and sixty kwacha.
ild under
the age of eighteen years such sum as bears the same proportion to nine
kwacha as the miner's earnings bear to one hundred and sixty kwacha.
(2) When the Bureau certifies for the first time that a miner who has not previously
been entitled to any benefit is suffering from pneumoconiosis in the third stage but is not
suffering from tuberculosis, the miner shall be entitled to a benefit in accordance with the
provisions of section sixty and, in addition thereto, to a monthly pension in accordance
with the provisions of subsection (1). (As amended by No. 6 of 1954, No. 15 of 1955 and No. 30 of 1962)
on thereto, to a monthly pension in accordance
with the provisions of subsection (1). (As amended by No. 6 of 1954, No. 15 of 1955 and No. 30 of 1962)
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63. (1) When the Bureau certifies for the first time that a miner who, throughout a
period of one year or longer or periods amounting in the aggregate to one year or longer,
but less in either case than ten years, has worked as a miner at a scheduled mine, is
suffering from tuberculosis with which he was, in the opinion of the Bureau, already
affected within the twelve months immediately succeeding the date on which he last
worked as aforesaid, but is not suffering from pneumoconiosis, the miner shall be entitled
to a benefit in accordance with the provisions of section sixty.
d as aforesaid, but is not suffering from pneumoconiosis, the miner shall be entitled
to a benefit in accordance with the provisions of section sixty.
Benefits in respect of
tuberculosis
(2) When the Bureau certifies for the first time that a miner who, throughout a period
of ten years or longer or periods amounting in the aggregate to ten years or longer, has
worked as a miner at a scheduled mine, is suffering from tuberculosis with which he was,
in the opinion of the Bureau, already affected within the twelve months immediately
succeeding the date on which he last worked as aforesaid, but is not suffering from
pneumoconiosis, the miner shall be entitled to a benefit in accordance with the provisions
of section sixty and, in addition thereto, to a monthly pension in accordance with the
provisions of section sixty-two.
accordance with the provisions
of section sixty and, in addition thereto, to a monthly pension in accordance with the
provisions of section sixty-two.
(3) For the purpose of subsections (1) and (2), no person shall be deemed to have
worked as a "miner" throughout the period of one year or ten years unless he has,
throughout the period of one year or ten years, as the case may be, performed work
underground or in scheduled places amounting on the average, either-
(a) to such work on more than twenty days per calendar month irrespective of
the number of hours worked per month; or
(b) to an aggregate of more than eighty hours per calendar month irrespective
of the number of days in the month over which the work was distributed. (As amended by No. 31 of 1951 and No. 15 of 1955)
64. (1) When the Bureau certifies for the first time that a miner who has already
been entitled to a benefit under section sixty or under subsection (1) of section sixty-three
and who has not become entitled to a monthly pension under section sixty-two or
subsection (2) of section sixty-three is suffering from both pneumoconiosis and
tuberculosis, the miner shall be entitled to a monthly pension in accordance with the
provisions of subsection (1) of section sixty-two.
oconiosis and
tuberculosis, the miner shall be entitled to a monthly pension in accordance with the
provisions of subsection (1) of section sixty-two.
Benefits in respect of
tuberculosis combined
with pneumoconiosis
(2) When the Bureau certifies for the first time that a miner who has not previously
been entitled to any benefit is suffering from both pneumoconiosis and tuberculosis, the
miner shall be entitled to the benefits provided for in subsection (2) of section sixty-two. (As amended by No. 15 of 1955)
osis and tuberculosis, the
miner shall be entitled to the benefits provided for in subsection (2) of section sixty-two. (As amended by No. 15 of 1955)
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65. (1) When the physical condition of a miner to whom a pension has been
awarded or who has become entitled to a benefit under the provisions of subsection (1) of
section sixty-three is such that, in the opinion of the Board, special medical care or
treatment is necessary for or in connection with that condition, the Board may, in its
discretion, defray the costs of or incidental to such special care or treatment as the Board
deems to be appropriate. The payments made by the Board under the authority of this
section shall not in the aggregate exceed one thousand kwacha in respect of any
beneficiary.
he payments made by the Board under the authority of this
section shall not in the aggregate exceed one thousand kwacha in respect of any
beneficiary.
Discretionary
payments in addition
to pension
(2) Notwithstanding the provisions contained in section twenty-three, the Bureau
may refund to a miner the whole or a part of the amount paid by him to a medical
practitioner for medical examination performed upon him outside Zambia if the following
conditions are satisfied:
(a) the medical examination outside Zambia was duly authorised by the
Bureau; and
(b) the miner has already been entitled, or becomes entitled as a result of such
medical examination, to the benefits laid down in section sixty or sixty-one. (As amended by No. 52 of 1960
and No. 25 of 1971)
66. When a miner who has been entitled to any benefit has died, or when the
Bureau certifies, after the death of a miner who has not, during his life, been entitled to
any benefit, that he was at the time of his death suffering from pneumoconiosis or
tuberculosis which would, in the opinion of the Board, have entitled him to a benefit if the
Bureau had so certified before his death, the Board may, in its discretion, contribute a
sum, not exceeding fifty kwacha, towards his reasonable funeral expenses. (As amended by No. 25 of 1952
and No.
d may, in its discretion, contribute a
sum, not exceeding fifty kwacha, towards his reasonable funeral expenses. (As amended by No. 25 of 1952
and No.
15 of 1955)
Contribution towards
funeral expenses of a
deceased miner
67. When a miner who has not, during his life, been entitled to any benefit has died
after the commencement of this Act, and the Bureau certifies after his death that at the
time of his death the deceased miner was suffering from pneumoconiosis in any stage, or
from tuberculosis with or without pneumoconiosis, the deceased miner shall be deemed to
have become entitled before his death to a benefit in accordance with the provisions of
section sixty:
Certain benefits to be
deemed to have
accrued before death
to a deceased miner
Provided that such certification after death of tuberculosis without pneumoconiosis
shall not confer a benefit under this section unless the Board is satisfied that a like
certification by the Bureau would have conferred a benefit under section sixty-three if the
miner had been alive at the date when such certification was made. (As amended by No. 15 of 1955)
68. (1) The dependants of a deceased miner who died after the commencement of
this Act and who-
Pensions for
dependants of
deceased miners
15 of 1955)
68. (1) The dependants of a deceased miner who died after the commencement of
this Act and who-
Pensions for
dependants of
deceased miners
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(a) was entitled to a monthly pension thereunder; or
(b) had not been entitled to any benefit by way of pension during his life but
with regard to whom the Bureau certifies after his death that, at the time of
death, he was suffering from-
(i) pneumoconiosis in the first stage, which caused or contributed to his
death; or
(ii) pneumoconiosis in the second or third stage; or
(iii) pneumoconiosis combined with tuberculosis; or
(iv) tuberculosis with regard to which the Board is satisfied that the
same certification, if made during the deceased's life, would have
entitled him to a pension under subsection (2) of section sixty-three;
shall, as from the day following the day upon which the miner died or, in the case of a
posthumous dependant, as from the date of that dependant's birth, be entitled to or
eligible for the award of the appropriate monthly pension in accordance with the provisions
of subsection (2).
at dependant's birth, be entitled to or
eligible for the award of the appropriate monthly pension in accordance with the provisions
of subsection (2).
(2) The monthly pension to which a dependant of a deceased miner shall be entitled
shall be-
(a) in the case of a widow of such miner, such sum as bears the same
proportion to forty kwacha as the miner's earnings bear to one hundred and
sixty kwacha;
(b) in the case of each child of such miner under the age of eighteen years and
subject to the provisions of subsection (3), such sum as bears the same
proportion to sixteen kwacha as the miner's earnings bear to one hundred
and sixty kwacha;
(c) in the case of any person who may be deemed to be a dependant of such
miner under the provisions of subsection (2) of section three, such sum, if
any, as the Board may award:
Provided that pensions awarded by the Board under this paragraph shall
not amount in the aggregate to more than fifty kwacha per month in respect
of all the dependants of such miner.
y the Board under this paragraph shall
not amount in the aggregate to more than fifty kwacha per month in respect
of all the dependants of such miner.
(3) In the case of any child of a deceased miner who becomes entitled to a monthly
pension under the provisions of this section and who has no natural or adoptive parent
living, the Board may, in its discretion and notwithstanding the provision of paragraph (b)
of subsection (2), pay to or for such child such increased pension, but not exceeding fifty
kwacha per month, as the Board may deem appropriate. (As amended by No. 1 of 1951, No. 6 of 1954, No. 15 of 1955,
No. 30 of 1962, S.I. No. 124 of 1965 and No. 77 of 1965)
the Board may deem appropriate. (As amended by No. 1 of 1951, No. 6 of 1954, No. 15 of 1955,
No. 30 of 1962, S.I. No. 124 of 1965 and No. 77 of 1965)
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69. (1) For the purposes of sections sixty, sixty-one, sixty-two and sixty-eight, the
earnings of a miner shall be assessed as follows:
Assessment of
earnings for the
purposes of sections
60, 61, 62 and 68
(a) in the case of a miner not employed as such when he is certified or dies,
the earnings which, in the opinion of the Board, he would have received if
he had performed the duties which he was last employed to perform as a
miner throughout the month of January, 1961, or, if he was employed as a
miner after the said date, the earnings which he received in respect of the
last full month in which he worked as a miner; or
(b) in the case of a miner employed as such when he is certified or dies, the
earnings which he received for the full month in which he is certified or dies,
or, if he did not work as a miner for the full month in which he is certified or
dies, the earnings which, in the opinion of the Board, he would have
received had he so worked.
a miner for the full month in which he is certified or
dies, the earnings which, in the opinion of the Board, he would have
received had he so worked.
(2) Notwithstanding the provisions of subsection (1), where the earnings of a miner,
as assessed in accordance with the provisions of subsection (1), are-
(i) less than thirty-five kwacha, the earnings of such miner shall be
treated as being thirty-five kwacha;
(ii) in excess of two hundred kwacha, the earnings of such miner shall
be treated as being two hundred kwacha. (3) The provisions of this section shall not apply to any pension assessed in
pursuance of the provisions of section fifty-eight. (No. 30 of 1962)
70. Where a pension to a widow of a deceased miner ceases under the provisions
of subsection (1) of section seventy-seven on account of her remarriage, she shall be
entitled to a sum equal to twenty-four times the amount of her monthly pension. (As amended by No. 30 of 1962 and No. 77 of 1965)
Gratuity to widow of
deceased miner on
remarriage
71. (1) The pension payable to a miner or to the dependants of a miner married
under a system permitting of polygamy shall be calculated as if there was only one wife or
on his death one widow.
o the dependants of a miner married
under a system permitting of polygamy shall be calculated as if there was only one wife or
on his death one widow.
Pension payable to a
miner married under a
system permitting of
polygamy
(2) In the case of a deceased miner who leaves two or more widows, such widows
shall be entitled to share between themselves such pension as would be payable to a
single widow of the deceased miner jointly or in such proportions as the Board in its
discretion may decide. (No. 30 of 1962 as amended by No. 77 of 1965)
le widow of the deceased miner jointly or in such proportions as the Board in its
discretion may decide. (No. 30 of 1962 as amended by No. 77 of 1965)
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PART V PROVISIONS GOVERNING THE PAYMENT AND RECEIPT OF
BENEFITSPART V
PROVISIONS G OVERNING THE PAYMENT AND
RECEIPT OF BENEFITS
72. (1) Where any miner or any dependant of a miner who, at the time of becoming
entitled to any benefit or after he has become entitled to any benefit, is or becomes
resident in any country outside the Commonwealth, his right to receive such benefit shall
be in abeyance for the whole of the period of residence outside the Commonwealth unless
the Board decides in any particular case that it is reasonably practicable and convenient to
pay such benefit. Exclusion from certain
rights of persons
resident outside the
Commonwealth
(2) If any question arises in connection with the application of subsection (1) as to
whether a person was, on any date or for any period, resident outside the Commonwealth,
such person shall be deemed to have been resident outside the Commonwealth on that
date or for that period unless the contrary is proved to the satisfaction of the Board. (As amended by No. 77 of 1965)
73.
de the Commonwealth on that
date or for that period unless the contrary is proved to the satisfaction of the Board. (As amended by No. 77 of 1965)
73.
(1) A right to any benefit under this Act shall not become effective until the
benefit has been awarded by the Board on an application made by the person concerned
or by any other person acting on his behalf on the prescribed form and accompanied by
the prescribed information:
Application for benefits
and date at which
awards become
effective
Provided that the Board may award any benefit even though no application has been
made therefor.
or benefits
and date at which
awards become
effective
Provided that the Board may award any benefit even though no application has been
made therefor.
(2) When the Board has awarded a pension, the award shall have retrospective
effect-
(a) as from the date upon which the beneficiary concerned became entitled to
the pension if the application therefor reached the Board within a period of
one year from such date; or
(b) as from the date upon which the application reached the Board if such date
is more than a year later than the date upon which the beneficiary became
entitled to the pension:
Provided that if an application reached the Board on a date which is more than a
year after the date upon which the beneficiary concerned became entitled to the pension,
the Board may, in its discretion, award the pension from a date not earlier than one year
before the date on which the application reached the Board. (As amended by No. 30 of 1962)
on, award the pension from a date not earlier than one year
before the date on which the application reached the Board. (As amended by No. 30 of 1962)
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74. (1) If a miner is suffering or if a deceased miner was suffering from
pneumoconiosis in any stage which, in the opinion of the Board, is not or was not wholly or
partially attributable to mineral dust inhaled while working as a miner at a scheduled mine,
he shall be deemed for the purposes of this Part not to be or to have been suffering from
pneumoconiosis:
Pneumoconiosis
contracted outside
scheduled mines
Provided that the provisions of this subsection shall not apply to a miner who or
whose dependants became entitled to any benefit under the repealed Act.
vided that the provisions of this subsection shall not apply to a miner who or
whose dependants became entitled to any benefit under the repealed Act.
(2) If a miner is suffering or if a deceased miner was suffering from pneumoconiosis
in any stage, without tuberculosis, which, in the opinion of the Board, is or was only partly
attributable to mineral dust inhaled as aforesaid, the Board, in consultation with the
Bureau, shall determine to what extent, expressed as a fraction or percentage, the
pneumoconiosis is or was so attributable, and thereupon the miner or his dependants, as
the case may be, shall be entitled to a corresponding fraction or percentage of the benefit
for which provision is made in Part IV in relation to the stage of pneumoconiosis from
which the miner is or was suffering. (3) If a miner is suffering or if a deceased miner was suffering-
(a) from pneumoconiosis in any stage which, in the opinion of the Board, is or
was only partly attributable to mineral dust inhaled as aforesaid; and
(b) from tuberculosis in respect whereof he did not become entitled to a benefit
under subsection (2) of section sixty-three;
the provisions of subsection (2) shall apply in relation to him as if he were or had been
suffering from pneumoconiosis in the third stage and as if he were not and had not been
suffering from tuberculosis.
to him as if he were or had been
suffering from pneumoconiosis in the third stage and as if he were not and had not been
suffering from tuberculosis.
(4) In the case of a miner who or whose dependants would, under the provisions of
this section, be entitled to a fraction or percentage of the benefits provided by Part IV and
who-
(a) has worked as a miner at a scheduled mine before it was established that
pneumoconiosis could be acquired at such mine in that occupation, that is
to say, before the 15th December, 1943; and
(b) has worked as a miner at a scheduled mine for an aggregate of not less
than ten years; and
on, that is
to say, before the 15th December, 1943; and
(b) has worked as a miner at a scheduled mine for an aggregate of not less
than ten years; and
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(c) at the date of the earliest certification of pneumoconiosis by the Bureau was
either working as a miner at a scheduled mine or had not, since he last so
worked, been employed in any other occupation likely, in the Board's
opinion, to cause pneumoconiosis;
the Board may, in its discretion, award to the beneficiary or beneficiaries concerned a
larger proportion of the benefits provided by Part IV than the fraction or percentage
assessed in accordance with subsection (2), and the Board shall, in assessing such larger
proportion, take into account any compensation in respect of pneumoconiosis which the
miner or dependants concerned may have received or may be entitled to receive from any
source other than the Board. (As amended by No. 15 of 1955 and No. 30 of 1962)
75. (1) When a miner who is entitled to pension under any provision of this Act
becomes entitled to a greater pension under any other provision of this Act, such
first-mentioned pension shall lapse.
under any provision of this Act
becomes entitled to a greater pension under any other provision of this Act, such
first-mentioned pension shall lapse.
Pensions not to be
duplicated
(2) No person shall be entitled simultaneously to two separate pensions under the
provisions of this Act. (3) Where the Bureau has certified the presence in any miner of pneumoconiosis in
any stage or of tuberculosis without pneumoconiosis, or of both pneumoconiosis and
tuberculosis, and such miner has received or is entitled to receive under the law of
another country the full benefit which under the law of such country is payable in respect
of a like certification made there to a person who has worked only in such country as a
miner, labourer or worker, no benefit shall be payable under this Act. (As amended by No. 31 of 1951, No. 15 of 1955
and * (1)No. 42 of 1956)
* These amendments shall be deemed to have come into force on 1st January, 1953. 76.
mended by No. 31 of 1951, No. 15 of 1955
and * (1)No. 42 of 1956)
* These amendments shall be deemed to have come into force on 1st January, 1953. 76.
A miner shall not be entitled to a pension-
(a) in respect of a wife-
Restriction of
entitlement to a
pension
(i) who is living apart from him and whom he is under no obligation by
agreement or by order of a court to maintain; or
(ii) whom he married on or after the date upon which he first became
entitled to a pension in respect of himself;
* These amendments shall be deemed to have come into force on 1st January, 1953. (b) in respect of a legitimate child-
(i) who was born of a marriage contracted on or after the date upon
which he first became entitled to pension in respect of himself; or
itimate child-
(i) who was born of a marriage contracted on or after the date upon
which he first became entitled to pension in respect of himself; or
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(ii) who has been adopted by another person;
(c) in respect of a child whom he adopted on or after he became entitled to his
first benefit;
(d) in respect of a step-child-
(i) who became his step-child on or after the date mentioned in
sub-paragraph (ii) of paragraph (a); or
(ii) whose mother has ceased to be the miner's wife or whose mother
the miner is not obliged by agreement or court order to maintain,
unless in either case the step-child is living with and is wholly or
partly supported by the miner;
(e) in respect of an illegitimate child who was born more than ten months after
the date upon which he first became entitled to a pension in respect of
himself;
(f) in respect of any person, other than the miner's wife, who is or has been
married or has been adopted by a person other than the miner. (As amended by No. 25 of 1952)
77.
rson, other than the miner's wife, who is or has been
married or has been adopted by a person other than the miner. (As amended by No. 25 of 1952)
77.
(1) A pension awarded to a dependant of a deceased miner shall cease- Cessation of pensions
awarded to
dependants
(a) when the person concerned marries; or
(b) if the person concerned, not being the widow of such miner, was under the
age of eighteen years at the time of the death of the miner in question,
when such person attains such age:
Provided that such pension shall continue so long as the Board is
satisfied that the person concerned is either-
(i) incapable by reason of ill health or physical or mental infirmity of
earning his own living; or
(ii) attending a full-time educational course and is under the age of
twenty-five years. (2) If any benefit has been awarded in respect of the death of a deceased miner, to
a person specified in subsection (2) of section three, and thereafter any dependant of
such deceased miner under subsection (1) of that section establishes a right to any
benefit as such dependant, the award to such first-mentioned person shall be cancelled,
but any payment made under the award prior to such cancellation shall be valid, and be
deemed to have been made to such last-mentioned dependant.
led,
but any payment made under the award prior to such cancellation shall be valid, and be
deemed to have been made to such last-mentioned dependant.
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(3) When a dependant of a deceased miner who is entitled to a pension thereafter
becomes entitled to a pension in respect of another deceased miner and the Board has,
on an application made by or on behalf of such dependant, awarded such last-mentioned
pension to him, his right to the first-mentioned pension shall lapse as from the date upon
which the later pension award takes effect, and the Board shall set off against the new
pension any amount which has been paid as an instalment of the lapsed pension in
respect of any period after such date. 78. (1) When the whereabouts is unknown of any person who is entitled to receive
any benefit under this Act, the Board may withhold any payment due to such person. Withholding of
payments in certain
circumstances
(2) When the Board has reason to believe that any person may have ceased to be
entitled to a benefit, the Board may withhold the payment of such benefit.
When the Board has reason to believe that any person may have ceased to be
entitled to a benefit, the Board may withhold the payment of such benefit.
(3) Where the Board, in the exercise of the powers conferred upon it by subsection
(1) or (2), has withheld payment of any benefit for a period of three years or where the
right to receive a benefit has been in abeyance for a period of three years under the
provisions of section seventy-two, the right of the person concerned to receive any benefit
or the unpaid balance of any benefit to which he was formerly entitled shall lapse:
Provided that the right to receive or to continue to receive a benefit shall be revived
by the Board within three years of such lapse on its being satisfied that the reason for the
lapse of the right no longer exists. (4) No interest shall be payable by the Board on any moneys the payment of which
is withheld, or the right to which lapses and is revived in accordance with the provisions of
this section. (No. 31 of 1951 as amended by No. 15 of 1955
and No 77 of 1965)
79.
to which lapses and is revived in accordance with the provisions of
this section. (No. 31 of 1951 as amended by No. 15 of 1955
and No 77 of 1965)
79.
(1) Any work as a miner at a scheduled mine which any person has performed
in contravention of the provisions of this Act shall, for the purpose of determining whether
such person or any dependant of his is entitled to a benefit and for the purpose of
determining the amount of any benefit, be deemed not to be work as a miner. Disqualifications and
penalties resulting
from prohibited work
(2) When a person who is suffering from pneumoconisosis or tuberculosis and who
has been so informed works as a miner in contravention of this Act and such person
thereafter becomes entitled to a pension or to a greater pension than formerly, the Board
may reduce the amount of such pension or greater pension to an extent which, in the
opinion of the Board, is proportionate to the extent to which, the work in question is likely
to have caused or contributed to the aggravation of the condition as a result of which he
becomes entitled to such pension or greater pension.
likely
to have caused or contributed to the aggravation of the condition as a result of which he
becomes entitled to such pension or greater pension.
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(3) If a miner who has become entitled to a pension under this Act works in
contravention of the provisions of this Act on any day in any calendar month, he shall not
be entitled to payment of his pension in respect of the month in question. (4) If it becomes known to the Board that a person who is in receipt of or has
become entitled to a pension under the provisions of this Act is working as a miner in
contravention of the provisions of this Act, or has so worked since he became entitled to a
pension, the Board shall not make to him any further monthly payment of such pension
until satisfied that the person in question has ceased to work as a miner in contravention
of the provisions of this Act. (5) Any part of a benefit to which a person has become entitled and of which he has
been deprived under the provisions of this section shall lapse irrevocably to the Board. (As amended by No. 15 of 1955)
80.
titled and of which he has
been deprived under the provisions of this section shall lapse irrevocably to the Board. (As amended by No. 15 of 1955)
80.
(1) When the Bureau, acting under subsection (4) of section fifty-five, or the
Board of Appeal, acting under subsection (2) of section thirty-two, has issued a correct
report which is more advantageous to a beneficiary under this Act than was the incorrect
report, or which makes eligible for an award under this Act a person who was not made
eligible therefor by the incorrect report, the correct report shall be deemed to have been
issued on the date on which the incorrect report was issued and an award of benefits shall
be made in accordance with or shall be adjusted to conform to the correct report.
which the incorrect report was issued and an award of benefits shall
be made in accordance with or shall be adjusted to conform to the correct report.
Adjustment of benefits
on correction of
incorrect medical
report
(2) When the Bureau, or the Board of Appeal, acting as aforesaid, has issued a
correct report which is less advantageous to any individual in respect of the payment of
benefits to him than was the incorrect report-
(a) no part of any benefit which, at the date of the correct report, has already
been paid out by the Board by reason of the incorrect report shall be
recoverable by the Board or repayable by the beneficiary; and
(a) as from the date of issue of the correct report, such correct report shall
supersede the incorrect one. (3) No provision of this section shall be applied to the advantage of any person in
relation to any report which was obtained by any improper means. (As amended by No. 30 of 1962)
81. (1) The Board may pay any benefit which has been awarded to a miner- Board's power to deal
with benefits awarded
to miners
(a) to the miner himself; or
1) The Board may pay any benefit which has been awarded to a miner- Board's power to deal
with benefits awarded
to miners
(a) to the miner himself; or
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(b) to any person who would be his dependant if he had died immediately
before the payment was made, or to his wife, if the preceding provisions of
this paragraph do not apply to her and if she has not deserted him; or
(c) to any other person for the benefit of the miner and of all or any such
persons as are mentioned in paragraph (b); or
(d) partly to the miner and partly to any person mentioned in paragraph (b) or
(c);
as the Board may, in its discretion, deem desirable in the interests of the miner or of any
such person as is mentioned in paragraph (b).
(b) or
(c);
as the Board may, in its discretion, deem desirable in the interests of the miner or of any
such person as is mentioned in paragraph (b).
(2) In addition to the discretionary powers which the Board may exercise under the
provisions of subsection (1) and under subsection (1) or (2) of section eighty-two in
respect of the persons to whom payments may be made, the Board may pay any benefit
in such instalments and at such intervals as it may deem desirable in the interests of the
beneficiary concerned or may retain at interest the whole of any benefit until such time as
the Board may deem it to be in the interests of the beneficiary concerned to pay such
benefit in full or by instalments. (As amended by No. 31 of 1951 and No. 30 of 1962)
82. (1) Where, after the death of a miner, a benefit is deemed under the provisions
of section sixty-seven to have accrued to such miner before his death, the Board shall
have, in respect of payment of such benefit in the interests of the dependants, all the
discretionary powers conferred upon the Board by section eighty-one in respect of the
payment of benefits awarded to a living miner.
pendants, all the
discretionary powers conferred upon the Board by section eighty-one in respect of the
payment of benefits awarded to a living miner.
Board's powers in
relation to payments
after the death of a
miner
(2) The Board may pay any pension which has been awarded to a dependant of a
deceased miner to the dependant himself or to any other person for the benefit of the
dependant, or partly to the dependant and partly to such other person, as the Board may
deem desirable in the interests of the dependant. (As amended by No. 30 of 1962)
83. (1) Any right to a benefit, other than a benefit or part of a benefit left in the
custody of the Board under the provisions of section eighty-five or subsection (1) or (2) of
section eighty-seven, to which a miner or a dependant of a deceased miner is entitled,
shall lapse on the death of the beneficiary concerned except in so far as any part of the
benefit was paid out by the former Board or by the Board to or for the benefit of the
beneficiary before his death. Disposal by Board of
rights lapsing on death
of beneficiary
(2) When a right to a benefit other than a pension has lapsed as provided for in
subsection (1), the Board shall award the benefit in question or the balance thereof-
(a) if the right lapsed on the death of a miner, to his dependants; or
tion (1), the Board shall award the benefit in question or the balance thereof-
(a) if the right lapsed on the death of a miner, to his dependants; or
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(b) if the right lapsed on the death of a dependant of a miner, to the other
dependants or to any one or more of them as the Board may deem
desirable, and the provisions of subsections (1) and (2) of section
eighty-one shall apply mutatis mutandis in connection with any money
awarded under the provisions of this paragraph. (3) Where a miner, or the dependant of a deceased miner to whom a pension has
been awarded, has died, he shall, for the purposes of this section, be deemed to have
become entitled before his death to payment of the pension or periodical payment in
respect of the period from the date on which the last payment of the pension or periodical
payment became due to him to the date of his death, and the Board shall deal in
accordance with the provisions of subsection (2) with the pension or periodical payment in
respect of such period and with any money which is due to the deceased as an instalment
or part of an instalment of the pension or periodical payment in respect of a period prior to
the first-mentioned period, but which for any reason remained in the custody of the Board.
nsion or periodical payment in respect of a period prior to
the first-mentioned period, but which for any reason remained in the custody of the Board.
(4) If the Board, because of non-existence of a dependant, is unable to deal, under
subsection (2), with any benefit the right whereto has lapsed, no person shall have any
right to such lapsed benefit, but the Board may, in its discretion, award that benefit or any
part thereof to any relative by consanguinity or affinity or adoption of the person to whom
the right to the benefit accrued or was deemed to have accrued before it lapsed, or to any
creditor in payment or part payment of any claim which he has against the estate of such
person. (As amended by No. 31 of 1951 and No. 30 of 1962)
84. When a miner or a dependant of a deceased miner to whom the Board has
awarded a pension has become an inmate of a prescribed institution, the Board may, in its
discretion, retain so much of such pension as is not needed to defray the cost of
maintaining the person concerned or any person for whose maintenance he is
responsible. Board's powers to
retain part of pension
when beneficiary is in
institution
85.
erson concerned or any person for whose maintenance he is
responsible. Board's powers to
retain part of pension
when beneficiary is in
institution
85.
When the Board has awarded to a miner or to a dependant of a deceased
miner any benefit other than a pension, the beneficiary concerned or a person acting on
his behalf may leave the benefit or any part thereof amounting to not less than ten kwacha
in the custody of the Board, which shall keep it at the disposal of the beneficiary or, after
his death, at the disposal of his personal representative. Certain benefits may
be left in custody of
Board
86. The Board shall credit the person concerned with interest calculated at a rate
determined for each financial year by the Board after consultation with the actuary, and
compounded half-yearly as at the last day of June and as at the last day of December, on
any money-
(a) which has been left in the custody of the Board under section eighty-five; or
(b) which constitutes the unexpended part of a benefit other than a pension
which the Board has retained under subsection (2) of section eighty-one:
Interest on benefits
other than pension left
in custody of or
retained by Board
Provided that the Board shall not credit any such person with such interest in respect
of-
other than pension left
in custody of or
retained by Board
Provided that the Board shall not credit any such person with such interest in respect
of-
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(i) a period preceding the commencement of this Act;
(ii) any money which has remained in the custody of the Board during a
period of less than thirty days;
(iii) any part of a benefit other than a pension retained by the Board and
from which payments by the Board to the beneficiary are being
made by instalments; or
(iv) any part of any award which remains in the custody of the Board in
accordance with the provisions of section seventy-eight. (As amended by No. 31 of 1951)
87. (1) When the Board has awarded a pension to any person in accordance with
the provisions of section sixty-one, such person, if he was working as a miner when the
pension was awarded to him and continues so to work, may leave the whole or any part,
not being less than ten kwacha, of each monthly pension payment to which he is entitled
in the custody of the Board while he continues to work as a miner.
being less than ten kwacha, of each monthly pension payment to which he is entitled
in the custody of the Board while he continues to work as a miner.
Pensions left in
custody of or retained
by Board and interest
on the same
(2) If a person to whom a pension has been awarded under section sixty-one
resumes working as a miner after having ceased to work in that capacity he may, on such
resumption of work as a miner and for the period of the duration of such work, leave in the
custody of the Board the whole or any part, not being less than ten kwacha, of each
monthly pension payment to which he is entitled. (3) When on the 30th June or the 31st December in any year, on account of the
exercise by a miner of his right under subsection (1) or (2) to leave his pension or part of it
in the custody of the Board, or on account of the exercise by the Board in respect of a
miner's pension of its powers under subsection (2) of section eighty-one or under section
eighty-four, there is in the custody of the Board to the credit of a miner or a dependant of a
miner any sum of money, the Board shall, on that date, credit the miner or dependant
concerned with interest calculated at the rate referred to in section eighty-six on any sum
which has been in the custody of the Board on his behalf since the preceding 1st January
or 1st July respectively.
to in section eighty-six on any sum
which has been in the custody of the Board on his behalf since the preceding 1st January
or 1st July respectively.
(4) Any money which is left in the custody of the Board in accordance with the
provisions of subsection (1) or (2) shall be kept by the Board at the disposal of the
beneficiary concerned or, after his death, at the disposal of his personal representative. (As amended by No. 31 of 1951)
88. In respect of any money which is, on behalf of any person, in the custody of the
Board in accordance with the provisions of subsection (2) of section eighty-one or of
section eighty-four, the Board shall have all the discretionary powers as to payment of
such money as are provided by section eighty-one in respect of the payment of benefits. (As amended by No. 77 of 1965)
Discretionary powers
of Board in connection
with moneys in
custody of Board
-one in respect of the payment of benefits. (As amended by No. 77 of 1965)
Discretionary powers
of Board in connection
with moneys in
custody of Board
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PART VI COMPENSATION FUND, LEVIES AND OUTSTANDING LIABILITIESPART VI
COMPENSATION F UND , LEVIES AND O UTSTANDING LIABILITIES
89. The Board shall establish a fund to be known as the Pneumoconiosis
Compensation Fund which the Board shall credit with all assets and debit with all liabilities
which devolve upon it under subsection (1) of section twelve and into which it shall pay all
moneys received in connection with scheduled mines and from which it shall make all
payments required by this Act to be made by the Board. (As amended by No. 15 of 1955)
Establishment of
Compensation Fund
90. The Board shall from time to time, at such intervals as it deems desirable, levy
from all owners of scheduled mines such sums of money as the Board, in its opinion, is
likely to need to meet the liabilities payable under this Act and shall pay the amounts so
levied into the Fund. Levies from mine
owners
(2) Before estimating the amount of any sum referred to in subsection (1), the Board
shall consult the actuary.
into the Fund. Levies from mine
owners
(2) Before estimating the amount of any sum referred to in subsection (1), the Board
shall consult the actuary.
(3) The Board shall, in consultation with the actuary, and subject to any regulations
prescribing the basis upon which the Board shall make an apportionment or the factors
which it shall take into consideration in making an apportionment, apportion to, and
recover from, every owner of a scheduled mine such a share of the total amount of a levy
imposed under subsection (1) as the Board deems equitable and, in making such an
apportionment, the Board may differentiate between individual owners of scheduled mines
if, in the opinion of the Board, after consultation with the actuary, there are factors which
make such a differentiation desirable:
Provided that the Board shall, at the request of any such owner against whom any
such differentiation has been made, inform him of the grounds therefor. (4) If the period in respect of which the Board has imposed such a levy as aforesaid
is longer than three months, the share of the levy apportioned to each owner of a
scheduled mine shall be payable in such instalments and on such dates as the Board may
determine.
the share of the levy apportioned to each owner of a
scheduled mine shall be payable in such instalments and on such dates as the Board may
determine.
(5) Whenever the Board has imposed a levy in respect of any period, it shall send
notice in writing to every owner of a scheduled mine affected by the levy-
(a) of the fact that the levy has been imposed;
(b) of the amount of the levy and of the period in respect of which it has been
imposed;
by the levy-
(a) of the fact that the levy has been imposed;
(b) of the amount of the levy and of the period in respect of which it has been
imposed;
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(c) of the share of the levy which has been apportioned to him; and
(d) of the instalments in which he shall pay that share and of the due date of
each instalment, if the levy is payable by instalments. (6) Every owner of a scheduled mine who has received such a written notice shall
pay to the Board his share of the levy or every instalment of such share not later than the
date upon which the same is due. 91. (1) The actuary shall estimate as soon as may be- Assessment and
apportionment of
outstanding liabilities
(a) after the commencement of this Act as on the day prior to the
commencement of this Act; and
(b) in any financial year thereafter in which the Board shall call upon him to do
so as on the last day of the last preceding month of December;
the sum of money which the Board would need if every scheduled mine had, on that day,
ceased to be a scheduled mine, in order to enable the Board to pay from time to time all
amounts which it will be obliged, or entitled and likely, to pay under this Act out of the
Fund at any time after the day on which the estimate is made.
ounts which it will be obliged, or entitled and likely, to pay under this Act out of the
Fund at any time after the day on which the estimate is made.
(2) From the sum estimated under the provisions of subsection (1) the actuary shall
deduct the amount of the value of all assets which appertained to the former Board or to
the Fund, as the case may be, on the day prior to the commencement of this Act or the
last day of December to which the estimate in question relates, and the balance of the
sum so estimated after such deduction shall be the aggregate of the outstanding liabilities
of all owners of scheduled mines as from the day succeeding the day as on which the
estimate is based up to the day on which the next succeeding estimate is based, inclusive.
ed mines as from the day succeeding the day as on which the
estimate is based up to the day on which the next succeeding estimate is based, inclusive.
(3) When the actuary has so determined the aggregate of the outstanding liabilities
for the financial period ending on the prescribed day, or for any financial year thereafter,
he shall, subject to the provisions of subsection (5), apportion to the owner of each
scheduled mine on the day of the commencement of this Act or on the first day of the
financial year, as the case may be, such a share of such aggregate in respect of each
such mine of which he is the owner on such day as is, in the opinion of the actuary,
reasonable in view of all known factors which will or are likely to affect the amount of all
future payments out of the Fund in connection with the particular mine in question. The
actuary in making such apportionment may make adjustments as between the owners of
scheduled mines concerned in respect of all sums paid to the Government or to the
former Board by such owners under Part VI of the repealed Act up to and including the
day prior to the commencement of this Act.
Government or to the
former Board by such owners under Part VI of the repealed Act up to and including the
day prior to the commencement of this Act.
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(4) The amount of the share of the aggregate of the outstanding liabilities which the
actuary has so apportioned to the owner of a scheduled mine in respect of a particular
mine shall, for the purposes of this Act, be his outstanding liability in respect of that mine
for the financial period ending on the prescribed day, or for the financial year in which the
apportionment was made, as the case may be:
Provided that when a person who has been, at any time after the commencement of
this Act, the owner of a scheduled mine, has ceased to be such an owner, the outstanding
liability in respect of that mine and every obligation of an owner of that mine in connection
with the outstanding liability shall attach to such person and, if any other person becomes
the owner of such mine, the outstanding liability in respect thereof and any such obligation
as aforesaid shall attach to such owner and to the former owner jointly and severally
unless the Minister by notice in writing releases the former owner from such liability.
ch to such owner and to the former owner jointly and severally
unless the Minister by notice in writing releases the former owner from such liability.
(5) The Board shall, at the request of the owner of any scheduled mine, inform him
of the name and address of the actuary, and when such an owner has, within a month
from the date of the commencement of this Act or in the month of December in any year,
requested the actuary in writing to consult with an actuary named in the request for the
purposes of this subsection, the actuary shall not apportion to the owner concerned his
share of the aggregate of outstanding liabilities for the financial period ending on the
prescribed day, when the request was made within a month from the day of the
commencement of this Act, or for the financial year immediately following upon the month
of December in which the request was made, as the case may be, unless he has afforded
the actuary named in the request a reasonable opportunity to consult with him in regard to
the share of such aggregate which is to be so apportioned to the mine owner concerned.
quest a reasonable opportunity to consult with him in regard to
the share of such aggregate which is to be so apportioned to the mine owner concerned.
(6) When the actuary has, in the financial period ending on the prescribed day or in
any financial year thereafter, completed his duties under the preceding provisions of this
section, he shall inform the Board in writing of his determination of the aggregate of the
outstanding liabilities under subsections (1) and (2) and of his apportionment under
subsection (3) in respect of every owner of a scheduled mine, and the Board shall
thereupon inform every such owner in writing of the aggregate of the outstanding liabilities
as so determined and of his outstanding liability as so apportioned in respect of every
scheduled mine of which he is the owner. (As amended by No. 31 of 1951, No. 3 of 1959
and G.N. No. 233 of 1964)
92.
so apportioned in respect of every
scheduled mine of which he is the owner. (As amended by No. 31 of 1951, No. 3 of 1959
and G.N. No. 233 of 1964)
92.
(1) When the Minister has, under the provisions of section ninety-six, caused
the name or description of a mine to be removed from the First Schedule, the person who
was the owner of that mine on the day of such removal shall be obliged to pay to the
Board the whole of the outstanding liability in respect of such mine for the financial period
ending on the prescribed day, if the removal took place within such period, or for the
financial year in which the removal took place, with, in each case, interest on the amount
of that liability as from the date of the removal to the date on which the liability is paid, at
the rate of interest which the actuary adopted in determining that liability:
Payment of
outstanding liability
date on which the liability is paid, at
the rate of interest which the actuary adopted in determining that liability:
Payment of
outstanding liability
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Provided that-
(i) if the name or description of the mine was removed from such
Schedule before the actuary apportioned the outstanding liability in
respect of that mine for the financial period or year in question, as
the case may be, the mine owner shall, pending such
apportionment, be obliged to pay the outstanding liability in respect
of that mine for the financial period ending on the prescribed day,
where such financial period immediately preceded the financial year
in which the removal took place, or the last financial year for which
the actuary has apportioned the outstanding liability, as the case
may be;
(ii) if the amount of the outstanding liability as thereafter apportioned by
the actuary for the current financial year is greater than the amount
of the outstanding liability for the financial period ending on the
prescribed day, or the last financial year for which the actuary has
apportioned the outstanding liability, as the case may be, the owner
of such mine shall be obliged to pay to the Board a sum equal to the
difference between the two such amounts, in addition to the smaller
amount; and if, conversely, the amount of the outstanding liability for
the current financial year is less than the amount of the outstanding
liability for the financial period ending on the prescribed day, or for
the last financial year for which the actuary has apportioned the
outstanding liability, as the case may be, and the owner of such
mine has paid the greater of the two amounts, the Board shall
refund to him a sum equal to the difference between the two
amounts with interest thereon since the date of payment at the rate
which the actuary adopted in estimating the aggregate of the
outstanding liabilities for the current financial year.
e the date of payment at the rate
which the actuary adopted in estimating the aggregate of the
outstanding liabilities for the current financial year.
(2) If, in such a case as is mentioned in proviso (i) to subsection (1), the actuary is
of the opinion that the amount of the outstanding liability in respect of the mine in question
for the current financial year may, when apportioned, exceed the amount of the
outstanding liability in respect of such mine for the financial period ending on the
prescribed day, where such financial period immediately precedes the current financial
year, or for the last financial year for which the actuary has apportioned the outstanding
liability, as the case may be, he shall, at the request of the Board, provisionally estimate
the possible difference between the two amounts, and the Board may thereupon demand
from the owner of such mine that, in addition to paying that liability in accordance with the
provisions of such proviso, he shall furnish security, to the satisfaction of the Board, for
the payment of a sum equal to the difference as estimated by the actuary, should he
become liable for the payment of an additional sum under the provisions of proviso (ii) to
subsection (1); and if the Board's demand is not met forthwith the Board may recover from
such owner a sum equal to the amount of such estimated excess, in addition to the
outstanding liability for the financial period ending on the prescribed day, or the last
financial year for which the actuary has apportioned the outstanding liability, as the case
may be, but subject to the subsequent application, mutatis mutandis, of proviso (ii) to
subsection (1).
rtioned the outstanding liability, as the case
may be, but subject to the subsequent application, mutatis mutandis, of proviso (ii) to
subsection (1).
(As amended by No. 3 of 1959 and G.N. No. 233 of 1964)
(As amended by No. 3 of 1959 and G.N. No. 233 of 1964)
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93.
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93.
If the Board is of opinion that it might find it impossible or difficult to recover
from the owner of a scheduled mine the whole of his outstanding liability in respect of that
mine in the event of the removal of its name or description from the First Schedule, the
Board may call upon such owner to furnish the Board with security, to the Board's
satisfaction, for the payment of the outstanding liability when it becomes due, and if such
owner fails to furnish such security or to make any other arrangement satisfactory to the
Board with a view to meeting his outstanding liability when it becomes due, the Board may
demand from such owner immediate payment of the outstanding liability in respect of the
mine in question, and thereupon the provisions of section ninety-two shall apply, mutatis
mutandis, as if the Board's demand were the removal under paragraph (e) of subsection
(2) of section ninety-six of the name or description of the mine in question from the First
Schedule:
Board may demand
security for
outstanding liability or
recover payment
Provided that the payment of the sum demanded by the Board shall not exempt the
mine owner concerned from the provisions of subsection (3) of section ninety-one in
respect of the mine in question while its name or description remains on the First
Schedule.
the provisions of subsection (3) of section ninety-one in
respect of the mine in question while its name or description remains on the First
Schedule.
(As amended by No. 77 of 1965)
94. Whenever the owner of a scheduled mine owes the Board any sum of money
under any provision of this Part, the Board may recover that sum from him with interest
thereon at the rate of seven per centum per annum as from the date when such sum of
money became due:
Interest on debts due
to Board
Provided that the Board may from time to time waive or reduce any such interest in
respect of any period. 95. In the event of the winding up or insolvency of the owner or former owner of a
scheduled mine who owes the Board any money under any provision of this Part, the
Board's claim for the payment of that money and of any interest due thereon shall,
notwithstanding any conflicting provision in any other law contained, have priority over
every other claim (whether secured or unsecured) against the debtor or estate in question
except over a claim which is secured by a lien or over that part of a claim which has
priority by virtue of the provisions of the Preferential Claims in Bankruptcy Act. Priority of Board's
claims
Cap. 83
PART VII GENERALPART VII
G ENERAL
96. (1) The Minister may, by statutory instrument, make regulations for carrying this
Act into effect.
laims
Cap. 83
PART VII GENERALPART VII
G ENERAL
96. (1) The Minister may, by statutory instrument, make regulations for carrying this
Act into effect.
Regulations
(2) In particular and without prejudice to the generality of the foregoing power, such
regulations may-
Regulations
(2) In particular and without prejudice to the generality of the foregoing power, such
regulations may-
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(a) prescribe the time, place, nature of and procedure in connection with
medical examinations to be made under the provisions of this Act, and the
conditions subject to which appeals may be made to the Board of Appeal,
and provide for the administration of the Bureau;
(b) prescribe the forms to be used for certificates and reports to be issued
under this Act, the forms to be used in keeping records required by this Act
to be kept, and the form of any other document necessary for carrying out
the provisions of this Act;
(c) provide for the provision of transport by the Bureau or the payment by the
Bureau of transport expenses necessarily incurred by a miner employed in
that capacity when presented by his employer for a prescribed examination
or when summoned by the Chairman of the Board to attend at his office for
interview in connection with the payment of benefit under this Act;
(d) provide for the payment by the employer of basic wages which would
normally be earned in respect of the time during which a miner is
necessarily absent from work on account of having to undergo a prescribed
examination or when summoned by the Chairman of the Board to attend at
his office for interview in connection with the payment of benefit under this
Act;
(e) delete any item from, vary or add any item to, any Schedule;
(f) subject to any specific provision of this Act, prescribe the fees for any act,
matter or thing under this Act to be done or observed;
(g) prescribe any other matter which is required to be prescribed under the
provisions of this Act.
er or thing under this Act to be done or observed;
(g) prescribe any other matter which is required to be prescribed under the
provisions of this Act.
(As amended by No. 31 of 1951, No. 15 of 1955,
No. 30 of 1962 and G.N. No. 233 of 1964)
97. No benefit paid or payable under the provisions of this Act shall be capable of
being assigned or charged nor shall such benefit be attached by the order of any court,
and the right to a periodical payment to a beneficiary shall not pass by operation of law to
any other person, and no claim shall be set off against an order for such a payment. Benefits not to be
assigned, charged or
attached
98. Except where otherwise specially provided in this Act, all expenditure incurred
in giving effect to any provision of this Act shall be defrayed from the general revenues of
the Republic. (As amended by S.I. No. 124 of 1965)
Republic to bear cost
of administering this
Act
99. Any notice for which provision is made in this Act shall be deemed to have
been properly given if it was sent by post in a properly addressed registered letter, and,
unless the contrary is proved, to have been effected at the time at which the letter would
be delivered in the ordinary course of post. Notices by registered
letter
trary is proved, to have been effected at the time at which the letter would
be delivered in the ordinary course of post. Notices by registered
letter
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100. Any person who commits an offence against this Act for which no special
penalty is provided shall be liable to a fine not exceeding one thousand five hundred
penalty units or to imprisonment for a term not exceeding six months, or to both.
(As amended by Act No. 13 of 1994)
Penalties
101. Subject to the provisions of section twenty-four, the Silicosis (Temporary
Arrangements) Act, Chapter 189 of the 1948 Edition of the Laws, is hereby repealed.
Repeal and saving
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FIRST SCHEDULE
(Section 2 and 96)
SCHEDULED MINES
saving
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FIRST SCHEDULE
(Section 2 and 96)
SCHEDULED MINES
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For purposes of this act the following are the Scheduled Mines;
(1) The Roan Antelope Copper Mine, operated at the commencement of this Act by Roan Antelope Copper Mines
Limited, from the 1st March, 1962, by the Roan 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 Zambia Consolidated Copper Mines Limited. (2) The Mufulira Copper Mine, operated at the commencement of this Act by Mufulira Copper Mines Limited; from
the 15th December, 1967, by the Mufulira Division of Mufulira Copper Mines Limited, from the 15th August, 1970, by the
Mufulira Division of Roan Consolidated Mines Limited; from the 1st April, 1981, by the Mufulira Division of Zambia
Consolidated Copper Mines Limited.
Mufulira Division of Roan Consolidated Mines Limited; from the 1st April, 1981, by the Mufulira Division of Zambia
Consolidated Copper Mines Limited.
(3) The Nkana Copper Mine, including the Mindolo section thereof, operated at the commencement of this Act of
Rhokana Corporation Limited; from the 26th June, 1970, by the Rhokana Division of Ndranga Consolidated Copper Mines
Limited; from the 1st April, 1981, by the Rhokana Division of Zambia Consolidated Copper Mines Limited and also any
open-pit operated by the Rhokana Division of the last-named company. (4) The Nchanga Copper Mine, operated at the commencement of this Act by Nchanga Consolidated Copper Mines
Limited; from the 26th June, 1970, by the Chingola Division of Nchanga Consolidated Copper Mines Limited; from 1st
April, 1981, by the Chingola Division of Zambia Consolidated Copper Mines Limited; also any open (illigible words) from
the 21st January, 1956, by Nchanga Consolidated Copper Mines Limited; from the 26th June, 1970, by the Chingola
Division of the last-named company; from 1st April, 1981, by the Chingola Division of Zambia Consolidated Copper Mines
Limited.
1970, by the Chingola
Division of the last-named company; from 1st April, 1981, by the Chingola Division of Zambia Consolidated Copper Mines
Limited.
(5) The Chibuluma Mine, operated from the 16th October, 1951, by Mufulira Copper Mines Limited; from the 1st
May, 1952, by Chibuluma Mines Limited; from the 15th August, 1970, by the Chibuluma Division of Roan Consolidated
Copper Mines Limited; from the 1st April, 1981, by Chibuluma Division of Zambia Consolidated Copper Mines Limited. (6) The Bancroft Mine, operated from the 19th January, 1954, by Bancroft Mines Limited; from the 26th June, 1970,
by the Konkola Division of Nchanga Consolidated Copper Mines Limited; from the 1st April, 1981, by the Konkola Division
of Zambia Consolidated Copper Mines Limited. (7) The Broken Hill Mine, operated from the 9th September, 1957, by Rhodesia Broken Hill Development Company
Limited; from the 3rd April, 1965, by Zambia Broken Hill Development Company Limited; from the 26th March, 1971, by the
Broken Hill Division of Nchanga Consolidated Copper Mines Limited; from the 1st April, 1981, by the Broken Hill Division
of Zambia Consolidated Copper Mines Limited.
ision of Nchanga Consolidated Copper Mines Limited; from the 1st April, 1981, by the Broken Hill Division
of Zambia Consolidated Copper Mines Limited.
(8) The Chambishi Mine, and any open-pit operated, from the 21st January, 1963, by Chambishi Mines Limited;
from the 1st December, 1957, by the Chambishi Division of Mufulira Copper Mines Limited; from the 15th August, 1970, by
the Chibuluma Division of Roan Consolidated Mines Limited; from the 1st April, 1981, by the Chibuluma Division of Zambia
Consolidated Copper Mines Limited. (9) The Bwaua Mukubua Mine and any open-pit operated from March, 1968, by the Rokana Division of Nchanga
Consolidated Copper Mines Limited; from 1st April, 1981, by the Rokana Division of Zambia Consolidated Copper Mines
Limited. (10) The Kalengwa Mines and any open-pit operated from 1978 by the Chibuluma Division of Roan Consolidated
Copper Mines Limited; from 1st April, 1981, by Zambia Consolidated Copper Mines Limited. (11) The Maamba Coal Mine and any open-pit operated by Maamba Collieries Limited. (12) The Nampandwe Mine operated from 1970 by the Broken Hill Division of Nchanga Consolidated Copper Mines
Limited; from the 1st April, 1981, by the Broken Hill Division of Zambia Consolidated Copper Mines Limited.
ision of Nchanga Consolidated Copper Mines
Limited; from the 1st April, 1981, by the Broken Hill Division of Zambia Consolidated Copper Mines Limited.
(13) The Kansanshi Mine, and any open-pit operated from August, 1977, by the Kankola Division of Nchanga
Consolidated Copper Mines Limited; from 1st April, 1981, by Kankola Division of Zambia Consolidated Copper Mines
Limited;
(14) The Kansanshi Mine and any open cast working operated, at the date of its addition to this Schedule, by the
Copper Mining Enterprises Trust Limited (COMET). (15) Ndola Lime Quarry and Plant operated at the date of its addition to this Schedule by Ndola Lime Company. Note: In this Schedule "open-pit" means the surface beneath the original surface of the ground which earlier
mentioned surface of this ground which (illegible words) to exist due to the mining of metalliferous (illegible words) but
does not match any trench or other description of pit. (As amended by G.N. Nos. 257 of 1951, 22 of 1954, 57 of 1956,
228 of 1957, 40 of 1958, 72 of 1962, 18 of 1963,
S.I. Nos. 246 of 1965, 165 of 1983, No. 142 of 1993 and No. 63 of 1996)
1951, 22 of 1954, 57 of 1956,
228 of 1957, 40 of 1958, 72 of 1962, 18 of 1963,
S.I. Nos. 246 of 1965, 165 of 1983, No. 142 of 1993 and No. 63 of 1996)
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SECOND SCHEDULE
(Sections 2 and 96)
SCHEDULED PLACES
(1) The following are the working places at any scheduled mine which are situated above the surface of the ground,
wherein work for the purpose of the definition of "miner" in section two ranks in the same fashion as work below the natural
surface of the ground:
(a) any silica-bearing rock crushing plant, silica-bearing rock screening plant, silica-bearing rock loading and
tipping point or bell conveyor plant within and forming an integral part of such rock-crushing or rock-screening
plant or rock-loading or tipping point including the immediate surroundings of any such plant or point;
(b) any plant for the treatment of refractory copper ores (also known as the "TORCO" plant) and the immediate
surroundings of such plant;
(c) any roasting, sintering or other similar plant used for the conservation of sulphide ores to oxides and the
immediate surroundings of any such plant; and
(d) any weightbridge;
(e) any rock drill sharpening shop used by miners
(2) The following are the coal crushing plant and coal pulverising plants are scheduled places:
(a) the main coal crushing plant and coal pulverizing plant, at the Roan Antelope Copper Mine operated at the
commencement of this Act by the Roan Antelope Copper Mines Limited; from the 1st March, 1962, by the
Roan Antelope Division of Rhodesian 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;
(b) the receiving bins, crushers and all conveyor belts forming part of the coal preparation system, up to and
including the belt above the power station bunkers serving the smelter and the receiving bins, and all conveyor
belts or the refinery, but excluding the coal pulverizing plant of the refinery, at the Mufulira Copper Mines,
operated at the commencement of this Act by Mufulira Copper Mines Limited; from the 15th December, 1967,
by the Mufulira Division of Mufulira Copper Mines Limited; from the 15th August, 1970, by the Mufulira Division
of Roan Consolidated Mines Limited; from the
(3) The following, situated above the surface of the ground at the Maamba Coal Mine and involved in the crushing
of coal or any other minerals, are scheduled places:
(a) any plant, together with the immediate surroundings thereof;
(b) any station on the aerial rope-way, together with the immediate surroundings thereof; and
Note: In this Schedule "immediate surroundings", in relation to any building, installation, plant or other specified
place, means an area bounded by a line five metres 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 with the Chief Health
Inspector of Mines, determine.
he case may be, such greater or lesser area as the Director of the Bureau may, after consultation with the Chief Health
Inspector of Mines, determine.
(As amended by G.N. Nos. 38 of 1953,
352 of 1959, 72 of 1962,
S.I. Nos. 246 of 1965 and 165 of 1983)
(As amended by G.N. Nos. 38 of 1953,
352 of 1959, 72 of 1962,
S.I. Nos. 246 of 1965 and 165 of 1983)
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SUBSIDIARY LEGISLATION
PNEUMOCONIOSIS
SECTION 96-THE PNEUMOCONIOSIS
(CHARGES AND F EES ) REGULATIONS
Regulations by the Minister
Government Notices
152 of 1951
36 of 1956
209 of 1957
330 of 1962
285 of 1963
Statutory Instrument
124 of 1965
Act
13 of 1994
CAP. 217
1. These Regulations may be cited as the Pneumoconiosis (Charges and Fees)
Regulations. (As amended by No. 209 of 1957)
Title
2. In these Regulations, unless the context otherwise requires- Interpretation
"employed miner" means a person actually in lawful employment as a miner. 3. Where an employer is required by the Act to present an employed miner to the
Bureau for a prescribed examination and where the Chairman of the Board requires any
miner to attend at his office for interview in connection with compensation, the Bureau
shall provide transport from the place of employment to the Bureau and return for every
such examination or interview. (As amended by No. 36 of 1956)
Transport of employed
miners for prescribed
examinations
4.
Bureau and return for every
such examination or interview. (As amended by No. 36 of 1956)
Transport of employed
miners for prescribed
examinations
4.
(1) An employer shall pay to the Bureau the charges set out below, in respect of
every person, other than an employed miner, who is presented by such employer to the
Bureau for a prescribed examination and who travels to and from, or to or from, the
Bureau for such purpose in transport provided and paid for by the Bureau. Charges for transport
of persons other than
employed miners
CHARGES
Fee units
(a) Mufulira Copper Mine.. .. .. .. 20
(b) Roan Antelope Copper Mine .. .. .. 20
for transport
of persons other than
employed miners
CHARGES
Fee units
(a) Mufulira Copper Mine.. .. .. .. 20
(b) Roan Antelope Copper Mine .. .. .. 20
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(c) Nchanga Copper Mine .. .. .. 20
(d) Bancroft Copper Mine .. .. .. 25
(e) Chibuluma Copper Mine .. .. .. 10
(f) Chambishi Copper Mine .. .. .. 10
(2) All moneys received by the Bureau by virtue of the provisions of this regulation
shall be paid into the general revenues of the Republic. (As amended by No. 36 of 1956, No. 330 of 1962,
No. 285 of 1963, No. 124 of 1965 and Act No. 13 of 1994)
5. Where an employer is required by the Act to present an employed miner to the
Bureau for a prescribed examination and so presents such miner and where the Chairman
of the Board has required any miner to attend at his office for interview in connection with
compensation and such miner has so attended, the employer shall pay to such miner the
basic wages he would normally have earned during the period he is necessarily absent
from work for the purpose of undergoing such examination or attending for such interview. (As amended by No. 36 of 1956)
Employed miner to be
paid basic wages
when absent for
prescribed
examination
6.
nation or attending for such interview. (As amended by No. 36 of 1956)
Employed miner to be
paid basic wages
when absent for
prescribed
examination
6.
The prescribed fee payable under subsection (6) of section thirty-nine of the Act
shall be sixty-three fee units. (As amended by No. 330 of 1962
and Act No. 13 of 1994)
Prescribed fee
SECTION 96-THE PNEUMOCONIOSIS (F ORMS ) REGULATIONS
Regulations by the Minister
Government Notices
208 of 1957
331 of 1962
284 of 1963
497 of 1964
Statutory Instruments
124 of 1965
229 of 1965
1. These Regulations may be cited as the Pneumoconiosis (Forms) Regulations. Title
2. The forms set out in the Schedule are hereby prescribed for use in the cases to
which they respectively refer. Prescribed forms
Regulations. Title
2. The forms set out in the Schedule are hereby prescribed for use in the cases to
which they respectively refer. Prescribed forms
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FORM 1 SCHEDULE
PRESCRIBED FORMS
REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
APPLICATION FOR MEDICAL EXAMINATION OF THE NATURE INDICATED BELOW
1. INITIAL (Section 39). 2. INITIAL failing which SPECIAL (Section 39 (3)
(c) and 39 (4) and proviso to 39 (5)). 3. INITIAL failing which IN
to employment as
........................................... (b) and proviso 39 (5)). Name in full (BLOCK CAPITALS) .............................................................................................................................................................. Age ....................................................................................................Mine ..................................................... *Mine No ......................... *Place of birth ..................................................... Address for letters ........................................................................................................
......................... Address for letters ........................................................................................................
.................................................................................................................................................................................................................... *Chief ..................................................... *Village ..................................................................................................................................... *District .................................................. *Country .................................................................................................................................... * Complete as required
Have you been examined and given a number by any of the Bureaux named? If so, state the number. { R.Z. Bureau Number ..... S.A. Bureau Number ..... S.R. Bureau Number .....
and given a number by any of the Bureaux named? If so, state the number. { R.Z. Bureau Number ..... S.A. Bureau Number ..... S.R. Bureau Number .....
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MINING SERVICE
Fill up the table below as accurately as possible, stating the years (e.g. 1926-32 or 1943-44 and 1946) during which you have w
the occupations named. NOTE.-When this form is used for the re-examination of any man who has been previously examined by the Bureau, it is sufficient to
the particulars of that service only. Country to be
shown as R.Z.,
Zim., S.A. or
"Elsewhere". Nature of mine
to be shown as
"Gold",
"Asbestos",
"Coal" or
"Other". Country and
nature may be
omitted for
R.Z. Copper
Mines. Put a
line after the
record of
service for any
mine. Country, Name and
Nature of Mine
Dates of Service Surface Scheduled Service in Months
Concentrator
Including
Crushers, Screening and Belt
Conveyors
Other
Including Sample Crushing,
Change House, Tailing
Dump, Rock Drill
Sharpening, Coal Plant
G
I declare that the above statements are true to the best of my knowledge and belief. Signature or thumb-print of person examined: Signature of Witness:..................................... ..............................................................................................
nature of Witness:..................................... ..............................................................................................
................................................................ Place of examination if not the R.Z. Bureau
....................................................................
..................................... Place of examination if not the R.Z. Bureau
....................................................................
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FORM 2 REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
APPLICATION FOR MEDICAL EXAMINATION OF THE NATURE INDICATED BELOW
1. PERIODICAL
(SECTIONS 40, 41, 42). 2. PERIODICAL
Re-stricted
(SECTION 43 (1) (b)). 3. Discharge
(SECTION 44). 4. Suspect
(SECTION 47). Engagement Employee Engagement Employee
Name in full (BLOCK CAPITALS)............................................................................................................................................................... Age ................................................. Mine ................................................. *Mine No ................................................................................ *Place of birth ................................................................ *Address for letters or tribal particulars ............................................................. ....................................................................................................................................................................................................................
......................................................................................................................................................
*Complete as required. Have you been given a number by either of the Bureaux named since last examined by
or for the R.Z. Bureau? If so, state number. { S.A. Bureau No. ............. S.A. Bureau No. ............. What occupation other than mining have you been engaged in since your last examination by the R.Z. Bureau? ..................................
........ What occupation other than mining have you been engaged in since your last examination by the R.Z. Bureau? ..................................
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
MINING SERVICE SINCE LAST BUREAU EXAMINATIO
Country,
Name
and
Nature of
Mine
Dates of Service
Surface Scheduled Service in Months
Concentrator
Including Crushers, Screening
and Belt Conveyors
Other
Including Sample Crushing
Change House, Tailing Dum
Rock Drill Sharpening, Coa
Plant
Cumulative Absence from work of more than 14 days (Leave, Hospital, etc.) No. of Days.......................................................................
Right thumb-print I declare the above statement to be true to the best of my
knowledge and belief.
Signature or thumb-print of person examined:
..................................................................................................
Signature of Witness ................................................................
Place of examination if not Republic of Zambia
..................................................................................................
....
Place of examination if not Republic of Zambia
..................................................................................................
The Laws of Zambia
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FORM 3
(FACE)
BUREAU NO. M.B. ................................... REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
INITIAL CERTIFICATE
Full name .................................................................................................................................................................................... Address ...................................................................................................................................................................................... This is to certify that the person named above underwent on ................................... an initial examination as
prescribed by section 39 of the Pneumoconiosis Act and was found to satisfy the requirements for the issue to him of this
certificate. The validity of this certificate expires on .......................................................................................................................... after which date the certificate will be of no effect.
............................................................................................... after which date the certificate will be of no effect.
.................................................................................................... Secretary of the Bureau
Kitwe, ........................................................................................ ...................................................................... Signature or right thumb-print of
person named above
INITIAL (RESTRICTED) CERTIFICATE
(BACK)
If the word "Restricted" is stamped upon the face of this certificate, then this certificate is valid only for the
occupations and only at the mine named below. OCCUPATIONS:
.................................................................................................................................................................................................... .................................................................................................................................................................................................... ....................................................................................................................................................................................................
......................................................................................................................................................
.................................................................................................................................................................................................... .................................................................................................................................................................................................... MINE:
....................................................................................................................................................................................................
......................................................................................................................................................
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 4
(FACE)
BUREAU NO. M.B. ................................... PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
PERIODICAL CERTIFICATE
Full name .................................................................................................................................................................................... Address ...................................................................................................................................................................................... This is to certify that the person named above underwent on ................................... a periodical examination as
prescribed by section 40 of the Pneumoconiosis Act and was found to satisfy the requirements for the issue to him of this
certificate. The validity of this certificate expires on .................................................................................................................................... after which date the certificate will be of no effect. Tuberculosis is absent. Pneumoconiosis is absent/pneumoconiosis is present in the first/second stage.
which date the certificate will be of no effect. Tuberculosis is absent. Pneumoconiosis is absent/pneumoconiosis is present in the first/second stage.
.................................................................................................... Secretary of the Bureau
Kitwe, ........................................................................................ ...................................................................................... Signature or right thumb-print of
person named above
PERIODICAL (RESTRICTED) CERTIFICATE
(BACK)
If the word "Restricted" is stamped upon the face of this certificate, then this certificate is valid only for the
occupations and only at the mine named below. OCCUPATIONS:
.................................................................................................................................................................................................... .................................................................................................................................................................................................... ....................................................................................................................................................................................................
......................................................................................................................................................
.................................................................................................................................................................................................... .................................................................................................................................................................................................... MINE:
....................................................................................................................................................................................................
......................................................................................................................................................
The Laws of Zambia
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FORM 5
(FACE)
BUREAU NO. M.B. ................................... REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
SPECIAL CERTIFICATE
(See important note on back)
Full name .................................................................................................................................................................................... Address ...................................................................................................................................................................................... This is to certify that the person named above underwent on ................................... an initial examination as
prescribed by section 39 of the Pneumoconiosis Act and was found to satisfy the requirements for the issue to him of this
certificate. The validity of this certificate expires on .......................................................................................................................... after which date the certificate will be of no effect.
............................................................................................... after which date the certificate will be of no effect.
.................................................................................................... Secretary of the Bureau
Kitwe, ........................................................................................ .................................................................................. Signature or right thumb-print of
person named above
IMPORTANT NOTE
(BACK)
This certificate is issued under the authority of section 39 (3) (c) and (5) of the Pneumoconiosis Act. It is not lawful
for the person in respect of whom it is issued to work as a "miner" or for an employer to employ him as a "miner" for an
aggregate of more than 100 hours in any period of thirty days.
it is issued to work as a "miner" or for an employer to employ him as a "miner" for an
aggregate of more than 100 hours in any period of thirty days.
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FORM 6 B.1
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. Box 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Initial: Section 39 (3) (a))
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) A Republic of Zambia INITIAL CERTIFICATE valid to .............................................................................................. has been sent to the Mine Secretary of ..........................................................................................................Mine. is enclosed herewith.
ine Secretary of ..........................................................................................................Mine. is enclosed herewith.
*(2)(2) The original of this report has been sent to the Mine Secretary of ........................................................................ Mine. .................................................................................................... Secretary of the Bureau
__________________________________________________________________________________________________
*To examine if not presented for examination by employer or prospective employer with copy to Mine Secretary if
previously employed as a miner in scheduled mines.
if not presented for examination by employer or prospective employer with copy to Mine Secretary if
previously employed as a miner in scheduled mines.
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Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 7 B.2
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ...................... REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. Box 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Initial: Section 39 (3) (b))
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) A Republic of Zambia INITIAL (RESTRICTED) CERTIFICATE valid to
........................................................................................................................................
CATE valid to
........................................................................................................................................
has been sent to the Mine
Secretary of ......................................................................................................................................................Mine. (2) The validity of the above-mentioned certificate is restricted to the occupations
of .............................................................................................................................................................................. at ......................................................................................................................................................................Mine. (3) Tuberculosis is absent. Pneumoconiosis is absent/present in the first/second stage. (4) The date of this certification is .................................................................................................................................... (5) Previous certifications if any:
Pneumoconiosis in the first stage ..............................................................................................................................
osis in the first stage ..............................................................................................................................
Pneumoconiosis in the second stage ........................................................................................................................ (6) A copy of this report has been sent to:
*(3)Examinee. *(4)The Secretary, Zambia Pneumoconiosis Compensation Board. (7) The original of this report has been sent to the Mine Secretary of ............................................................................ Mine. .................................................................................................... Secretary of the Bureau
__________________________________________________________________________________________________
*These lines are for use only when the presence of pneumoconiosis is certified: delete in other cases.
_______________________________________________
*These lines are for use only when the presence of pneumoconiosis is certified: delete in other cases.
The Laws of Zambia
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FORM 8 B.3
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. Box 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Initial: Section 39 (3) (c))
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) A Republic of Zambia SPECIAL CERTIFICATE valid to ........................................................................................ has been sent to the Mine Secretary of ..........................................................................................................Mine. (2) Pneumoconiosis is absent.
etary of ..........................................................................................................Mine. (2) Pneumoconiosis is absent.
Pneumoconiosis is present in the first/second stage. Tuberculosis is absent. (3) The certificate named constitutes an authority for the person in respect of whom it is issued to work or to be
employed as a "miner" provided that his work in that capacity does not exceed in aggregate 100 hours in any
month. (Section 39 (3) (c) and (4) of the Pneumoconiosis Act.)
(4) Previous certifications if any:
Pneumoconiosis in the first stage ............................................................................................................................ Pneumoconiosis in the second stage ...................................................................................................................... (5) A copy of this report has been sent to:
*(5)The Examinee. *(6)The Secretary, Zambia Pneumoconiosis Compensation Board. (6) The original of this report has been sent to the Mine Secretary of .......................................................................... Mine. ....................................................................................................
........................................... Mine. ....................................................................................................
Secretary of the Bureau
*These lines are for use only when the presence of pneumoconiosis is certified: delete in other cases.
Secretary of the Bureau
*These lines are for use only when the presence of pneumoconiosis is certified: delete in other cases.
The Laws of Zambia
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FORM 9 B.4
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. Box 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Initial: Section 39 (3) (d))
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) NO CERTIFICATE can be issued since the person named above is not up to the physical standard required by
law. He is at liberty, however, to apply for re-examination after months from the date of this report. (2) Pneumoconiosis is absent; tuberculosis is absent.
e is at liberty, however, to apply for re-examination after months from the date of this report. (2) Pneumoconiosis is absent; tuberculosis is absent.
*(7)(3) The original of this report has been sent to the Mine Secretary of ...................................................................... Mine. .................................................................................................... Secretary of the Bureau
*To examine if not presented for examination by employer or prospective employer with copy to Mine Secretary if
previously employed as a miner in scheduled mines.
if not presented for examination by employer or prospective employer with copy to Mine Secretary if
previously employed as a miner in scheduled mines.
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Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 10 B.5
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONOSIS MEDICAL AND RESEARCH BUREAU
P.O. Box 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Initial: Section 39 (3) (e))
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) NO CERTIFICATE can be issued since the person named above is found by the Bureau to be not fit for work
as a miner in any circumstances. He is therefore not eligible to be examined again by this Bureau for a
certificate of fitness.
to be not fit for work
as a miner in any circumstances. He is therefore not eligible to be examined again by this Bureau for a
certificate of fitness.
(2) Pneumoconiosis is absent/present in the ....................................................................................................stage. Tuberculosis is absent/present. (3) A copy of this report has been sent to:
*(8)The Secretary, Zambia Pneumoconiosis Compensation Board. *(9)The Examinee
**(10)(4) The original of this report has been sent to the Mine Secretary of ...................................................................... Mine. .................................................................................................... Secretary of the Bureau
*These lines are for use only when the presence of pneumoconiosis and/or tuberculosis is certified; delete in other cases. **To examine if not presented for examination by employer or prospective employer with copy to Mine Secretary if
previously employed as a miner in scheduled mines.
if not presented for examination by employer or prospective employer with copy to Mine Secretary if
previously employed as a miner in scheduled mines.
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Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 11 B.6
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. Box 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Periodical: Section 43)
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) A Republic of Zambia PERIODICAL CERTIFICATE, valid to ................................................................................ has been sent to the Mine Secretary of ....................................................................................................Mine. is
enclosed herewith.
the Mine Secretary of ....................................................................................................Mine. is
enclosed herewith.
(2) Pneumoconiosis and tuberculosis are both absent. *(11)(3) The original of this report has been sent to the Mine Secretary of ........................................................ Mine. .................................................................................................... Secretary of the Bureau
NOTE-If the word "Restricted" is stamped on the face of this report, it implies that the certificate referred to above
was issued under special provisions of the pneumoconiosis law and that such certificate is valid only for the occupations
of:
.................................................................................................................................................................................................... .................................................................................................................................................................................................... ....................................................................................................................................................................................................
......................................................................................................................................................
at the following mine:
.................................................................................................................................................................................................... .................................................................................................................................................................................................... .................................................................................................................................................................................................... __________________________________________________________________________________________________
*To examine if not presented for examination by employer or prospective employer with copy to Mine Secretary.
________________________________________
*To examine if not presented for examination by employer or prospective employer with copy to Mine Secretary.
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Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 12 B.7
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. Box 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Periodical: Section 43)
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) A Republic of Zambia PERIODICAL CERTIFICATE valid to .................................................................................. has been sent to the Mine Secretary of ........................................................................................................Mine. is enclosed herewith.
Mine Secretary of ........................................................................................................Mine. is enclosed herewith.
(2) Pneumoconiosis is present in the first stage. Tuberculosis is absent. (3) The date of this certification is ................................................................................................................................ __________________________
(4) Previous certifications if any:
Pneumoconiosis in the first stage .......................................................................................................................... (5) A copy of this report has been sent to:
The Secretary, Zambia Pneumoconiosis Compensation Board. *(12)(6) The original of this report has been sent to the Mine Secretary of ........................................................ Mine. ....................................................................................................
........................................... Mine. ....................................................................................................
Secretary of the Bureau
NOTE.-If the word "Restricted" is stamped on the face of this report, it implies that the certificate referred to above
was issued under section 43 (1) (b) of the Pneumoconiosis Act and that such certificate is valid only for the occupation of:
.................................................................................................................................................................................................... .................................................................................................................................................................................................... .................................................................................................................................................................................................... at the following mine:
....................................................................................................................................................................................................
......................................................................................................................................................
.................................................................................................................................................................................................... .................................................................................................................................................................................................... __________________________________________________________________________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
_______________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 13 B.8
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. Box 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Periodical: Section 43)
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) A Republic of Zambia PERIODICAL CERTIFICATE valid to .................................................................................. has been sent to the Mine Secretary of ........................................................................................................ Mine. is enclosed herewith.
Mine Secretary of ........................................................................................................ Mine. is enclosed herewith.
(2) Pneumoconiosis is present in the second stage. Tuberculosis is absent. (3) The date of this certification is ................................................................................................................................ _____________________
(4) Previous certifications if any:
Pneumoconiosis in the first stage .......................................................................................................................... Pneumoconiosis in the second stage ...................................................................................................................... (5) A copy of this report has been sent to:
The Examinee. The Secretary, Zambia Pneumoconiosis Compensation Board. *(13)(6) The original of this report has been sent to the Mine Secretary of ........................................................ Mine. ....................................................................................................
........................................... Mine. ....................................................................................................
Secretary of the Bureau
NOTE.-If the word "Restricted" is stamped on the face of this report, it implies that the certificate referred to above
was issued under section 43 (1) (b) of the Pneumoconiosis Act and that such certificate is valid only for the occupations of:
.................................................................................................................................................................................................... at the following mine: .................................................................................................................................................................. *To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
....................................... *To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
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FORM 14 B.9
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. Box 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Periodical: Section 43)
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) For the reason stated in paragraph (2) NO CERTIFICATE can be issued. (2) Pneumoconiosis is present in the third stage without tuberculosis. Tuberculosis is present without pneumoconiosis. Tuberculosis and pneumoconiosis are both present.
is present in the third stage without tuberculosis. Tuberculosis is present without pneumoconiosis. Tuberculosis and pneumoconiosis are both present.
(3) The date of this certification is ................................................................................................................................ (4) This certification immediately and finally cancels any existing certificate in respect of the person named above
authorising him to work or to be employed as a "miner" in Zambia and the law requires that he forthwith cease
to be so employed. ___________________
(5) Previous certifications if any:
Pneumoconiosis in the first stage .......................................................................................................................... Pneumoconiosis in the second stage ...................................................................................................................... (6) A copy of this report has been sent to:
The Secretary, Zambia Pneumoconiosis Compensation Board. The Examinee. *(14)(7) The original of this report has been sent to the Mine Secretary of .................................................................... Mine. ....................................................................................................
........................................... Mine. ....................................................................................................
Secretary of the Bureau
__________________________________________________________________________________________________
*To examine if not presented for examination by employer or prospective employer with copy to Mine Secretary.
________________________________________
*To examine if not presented for examination by employer or prospective employer with copy to Mine Secretary.
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 15 B.9a
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. BOX 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Periodical: Section 43 (1) (c))
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) Pneumoconiosis is absent. Pneumoconiosis is present in the first/second stage. Tuberculosis is absent. (2) Despite the absence of tuberculosis and of pneumoconiosis in the third stage NO CERTIFICATE can be issued
for the reason stated in paragraph (3).
(2) Despite the absence of tuberculosis and of pneumoconiosis in the third stage NO CERTIFICATE can be issued
for the reason stated in paragraph (3).
(3) The Bureau is of the opinion that the fitness for work as a miner of the person reported on has been seriously
impaired by old age/disease. (Section 43 (1) (c) of the Pneumoconiosis Act.)
(4) Previous certifications if any:
Pneumoconiosis in the first stage
Pneumoconiosis in the second stage
(5) A copy of this report has been sent to:
*(15)The Secretary, Zambia Pneumoconiosis Compensation Board. *(16)The Examinee. **(17)(6) The original of this report has been sent to the Mine Secretary of .................................................................. Mine. .................................................................................................... Secretary of the Bureau
__________________________________________________________________________________________________
*These lines are for use only when pneumoconiosis is certified to be present. **To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
moconiosis is certified to be present. **To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 16 B.10
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. BOX 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Benefits: Section 48)
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) Pneumoconiosis is absent. Tuberculosis is absent. (2) Unless specially directed by the Director of the Bureau to present himself at the Bureau for re-examination at
some earlier date, the person named above is not eligible to be re-examined by the Bureau sooner than one
year from the date of the examination now reported on.
er date, the person named above is not eligible to be re-examined by the Bureau sooner than one
year from the date of the examination now reported on.
(Section 48 (d) of the Pneumoconiosis Act.)
*(18)(3) The original of this report has been sent to the Mine Secretary of ........................................................ Mine. .................................................................................................... Secretary of the Bureau
__________________________________________________________________________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
_______________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 17 B.11
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. BOX 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Benefits: Section 48)
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) Pneumoconiosis is present in the ..................................................................................................................stage. Tuberculosis is absent.
n the ..................................................................................................................stage. Tuberculosis is absent.
(2) The date of this certification is .................................................................................................................................. __________________________________________________________________________________________________
(3) Previous certifications if any:
Pneumoconiosis in the first stage .......................................................................................................................... Pneumoconiosis in the second stage ...................................................................................................................... Pneumoconiosis in the third stage .......................................................................................................................... (4) Unless directed by the Director of the Medical Bureau to present himself for re-examination at some earlier
date, the person named above is not eligible to be re-examined at the Bureau sooner than one year from the
date of the examination now reported on. (Section 48 (d) of the Pneumoconiosis Act.)
(5) A copy of this report has been sent to:
The Secretary, Zambia Pneumoconiosis Compensation Board. The Examinee.
48 (d) of the Pneumoconiosis Act.)
(5) A copy of this report has been sent to:
The Secretary, Zambia Pneumoconiosis Compensation Board. The Examinee.
*(19)(6) The original of this report has been sent to the Mine Secretary of .......................................................... Mine. .................................................................................................... Secretary of the Bureau
__________________________________________________________________________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
_______________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 18 B.12
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. BOX 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Benefits: Section 48)
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) Tuberculosis is present. Pneumoconiosis is absent. (2) The date of this certification is ..................................................................................................................................
is certification is ..................................................................................................................................
_______________________
(3) Previous certification if any:
Tuberculosis without pneumoconiosis .................................................................................................................... (4) Unless directed by the Director of the Medical Bureau to present himself for re-examination at some earlier
date, the person named above is not eligible to be re-examined at the Bureau sooner than one year from the
date of the examination now reported on. (Section 48 (d) of the Pneumoconiosis Act.)
(5) A copy of this report has been sent to:
The Secretary, Zambia Pneumoconiosis Compensation Board. The Examinee. *(20)(6) The original of this report has been sent to the Mine Secretary of ........................................................ Mine. .................................................................................................... Secretary of the Bureau
__________________________________________________________________________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary. FORM 19 B.13BUREAU NO. CONFIDENTIAL M.B. MINE REGISTRATION NO. Date
d for examination by employer or prospective employer with copy to Mine Secretary. FORM 19 B.13BUREAU NO. CONFIDENTIAL M.B. MINE REGISTRATION NO. Date
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 19 B.13
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. BOX 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Benefits: Section 48)
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) Pneumoconiosis is present. Tuberculosis is present. (2) The date of this certification is ................................................................................................................................
this certification is ................................................................................................................................
_________________________
(3) Previous certifications if any:
Pneumoconiosis in the first stage .......................................................................................................................... Pneumoconiosis in the second stage ...................................................................................................................... Pneumoconiosis in the third stage .......................................................................................................................... Pneumoconiosis with tuberculosis .......................................................................................................................... Tuberculosis without pneumoconiosis .................................................................................................................... (4) Unless directed by the Director of the Medical Bureau to present himself for re-examination at some earlier
date, the person named above is not eligible to be re-examined at the Bureau sooner than one year from the
date of the examination now reported on.
er
date, the person named above is not eligible to be re-examined at the Bureau sooner than one year from the
date of the examination now reported on.
(Section 48 (d) of the Pneumoconiosis Act.)
(5) A copy of this report has been sent to:
The Secretary, Zambia Pneumoconiosis Compensation Board. The Examinee. *(21)(6) The original of this report has been sent to the Mine Secretary of ........................................................ Mine. .................................................................................................... Secretary of the Bureau
__________________________________________________________________________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
_______________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 20 B.14
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. BOX 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Discharge: Section 44; Suspect: Section 47; or Additional: Section 49)
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) Pneumoconiosis is absent. Tuberculosis is absent. *(22)(2) The original of this report has been sent to the Mine Secretary of .......................................................... Mine. ....................................................................................................
........................................... Mine. ....................................................................................................
Secretary of the Bureau
__________________________________________________________________________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
_______________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary.
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 21 B.15
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. BOX 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Discharge: Section 44; Suspect: Section 47; or Additional: Section 49)
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) Pneumoconiosis is present in the first/second stage. Tuberculosis is absent. (2) The date of this certification is ................................................................................................................................
this certification is ................................................................................................................................
_____________________________
(3) Previous certifications if any:
Pneumoconiosis in the first stage .......................................................................................................................... Pneumoconiosis in the second stage ...................................................................................................................... (4) A copy of this report has been sent to:
The Secretary, Zambia Pneumoconiosis Compensation Board. The Examinee. *(23)(5) The original of this report has been sent to the Mine Secretary of ........................................................ Mine. .................................................................................................... Secretary of the Bureau
__________________________________________________________________________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary. FORM 22 B.16BUREAU NO. CONFIDENTIAL M.B. MINE REGISTRATION NO. Date
d for examination by employer or prospective employer with copy to Mine Secretary. FORM 22 B.16BUREAU NO. CONFIDENTIAL M.B. MINE REGISTRATION NO. Date
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 22 B.16
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. BOX 205, KITWE
REPORT ON MEDICAL EXAMINATION
(Discharge: Section 44; Suspect: Section 47; or Additional: Section 49)
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) Pneumoconiosis is present in the third stage without tuberculosis. Tuberculosis is present without pneumoconiosis. Tuberculosis and pneumoconiosis are both present.
is present in the third stage without tuberculosis. Tuberculosis is present without pneumoconiosis. Tuberculosis and pneumoconiosis are both present.
(2) The date of this certification is .................................................................................................................................. (3) This certification immediately and finally cancels the validity of any certificate of fitness in respect of the person
named above authorising him to work or to be employed as a "miner" in Zambia and the law requires that he
forthwith cease to be so employed. (4) Previous certifications if any:
______________________
Pneumoconiosis in the first stage .......................................................................................................................... Pneumoconiosis in the second stage ...................................................................................................................... (5) A copy of this report has been sent to:
The Secretary, Zambia Pneumoconiosis Compensation Board. The Examinee. *(24)(6) The original of this report has been sent to the Mine Secretary of ........................................................ Mine. ....................................................................................................
........................................... Mine. ....................................................................................................
Secretary of the Bureau
__________________________________________________________________________________________________
*To examinee if not presented for examination by employer or prospective employer with copy to Mine Secretary. FORM 23 B.17
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................
retary. FORM 23 B.17
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. BOX 205, KITWE
REPORT ON A POST-MORTEM EXAMINATION
(Sections 56 and 57)
Name of deceased person .......................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the post-mortem examination performed on the above date, I am directed to report as follows:
(1) Pneumoconiosis was found to be absent/present in the.................................................................................stage. Tuberculosis was found to be absent/present. Death was due to pneumoconiosis. Death was not due to pneumoconiosis but pneumoconiosis was a contributory or predisposing factor. Death was not due to pneumoconiosis and pneumoconiosis was neither a contributory nor a predisposing
factor.
as a contributory or predisposing factor. Death was not due to pneumoconiosis and pneumoconiosis was neither a contributory nor a predisposing
factor.
The date of this certification is ..................................................................................................i.e., the date of the
post-mortem examination. (2) In the case of the deceased person now reported on, certification of the presence of compensable disease
during life was made as follows:
Pneumoconiosis in the first stage on ...................................................................................................................... Pneumoconiosis in the second stage on ................................................................................................................ Pneumoconiosis in the third stage on .................................................................................................................... Pneumoconiosis with tuberculosis on .................................................................................................................... Tuberculosis without pneumoconiosis on .............................................................................................................. (3) A copy of this report has been sent to:
*(25)The Secretary, Zambia Pneumoconiosis Compensation Board.
............................................ (3) A copy of this report has been sent to:
*(25)The Secretary, Zambia Pneumoconiosis Compensation Board.
The next of kin. **(26)(4)........................................................................The original of this report has been sent to the Mine Secretary of
Mine. .................................................................................................... Secretary of the Bureau
__________________________________________________________________________________________________
*Delete this line if no compensable disease was found. **To next of kin if examination not arranged by employer with copy to Mine Secretary.
_________
*Delete this line if no compensable disease was found. **To next of kin if examination not arranged by employer with copy to Mine Secretary.
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 24 B.B
CONFIDENTIAL
BUREAU NO. M.B. ................................... MINE REGISTRATION N
............................................ Date ........................ REPUBLIC OF ZAMBIA
PNEUMOCONIOSIS MEDICAL AND RESEARCH BUREAU
P.O. BOX 205, KITWE
REPORT ON INCONCLUSIVE MEDICAL EXAMINATION
Name of person reported on ...................................................................................................................................................... Date of examination .................................................................................................................................................................... With reference to the examination on the above date, I am directed to report as follows:
(1) The examination referred to above was inconclusive. (2) Further examination is required as follows:
Clinical examination by the Bureau on date to be arranged. X-ray examination by the Bureau on date to be arranged. Examination of .............................................................. specimens of sputum expectorated on successive days.
ate to be arranged. Examination of .............................................................. specimens of sputum expectorated on successive days.
Observation in hospital for ................ days. (3) (For use when the person examined is employed at a mine**(27)*.) The Mine
Secretary, ................................................................................................................................................................ Mine has been asked, by copy of this notice, to make the necessary arrangements which he will communicate
to the person concerned. (3a) (For use when the person examined is not employed at a mine**(28)*.) Arrangements for the required further
examination will be as follows:
................................................................................................................................................................................ ................................................................................................................................................................................ ................................................................................................................................................................................
......................................................................................................................................................
................................................................................................................................................................................ **(29)(4) A Periodical Certificate valid for fourteen days has been sent to the Mine
Secretary, ...................................................................................................................................................... Mine. This will cover the continuation of work as a miner until a final decision is intimated. **(30)(4a) Under the authority given by section 43 (2) of the Pneumoconiosis Act, any certificate of fitness extant in
the name of the person named above is hereby suspended and no fresh certificate will be issued until a final
decision is reached and intimated. (5) A copy of this report has been sent to the Mine Secretary, .................................................................................... Mine. ....................................................................................................
........................................... Mine. ....................................................................................................
Secretary of the Bureau
NOTE FOR BUREAU GENERAL OFFICE
*If the person concerned is not employed at a mine, paragraphs (3) and (4) and the reference to the Mine Secretary
in paragraph (5) must be deleted and paragraph (3a) should be completed, as the Secretary may direct, so as to show
what are the arrangements for examination by the Bureau, by a Government Medical Officer, etc. **Paragraphs (4) and (4a) should be deleted unless the official decision of the Bureau signified on the A.P. form
makes the use of one or other of those paragraphs necessary.
) should be deleted unless the official decision of the Bureau signified on the A.P. form
makes the use of one or other of those paragraphs necessary.
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Endnotes
1 (Popup - Popup)
These amendments shall be deemed to have come into force on 1st January, 1953. 2 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary if previously employed as a miner in scheduled mines. 3 (Popup - Popup)
These lines are for use only when the presence of pneumoconiosis if certified delete in other cases. 4 (Popup - Popup)
These lines are for use only when the presence of pneumoconiosis if certified delete in other cases. 5 (Popup - Popup)
These lines are for use only when the presence of pneumoconiosis if certified:delete in other cases. 6 (Popup - Popup)
These lines are for use only when the presence of pneumoconiosis if certified:delete in other cases. 7 (Popup - Popup)
To examine if not presented for examination by employer of prospective employer with copy to Mine
Secretary if previously employed as aminer in scheduled mines. 8 (Popup - Popup)
These lines are for use only when the presence of pneumoconiosis and/or tuberculosis is certified;
delete in other cases.
led mines. 8 (Popup - Popup)
These lines are for use only when the presence of pneumoconiosis and/or tuberculosis is certified;
delete in other cases.
9 (Popup - Popup)
These lines are for use only when the presence of pneumoconiosis and/or tuberculosis is certified;
delete in other cases. 10 (Popup - Popup)
These lines are for use only when the presence of pneumoconiosis and/or tuberculosis is certified;
delete in other cases.*The Examinee.To examine if not presented for examination by employer or
prospective employer with copy to Mine Secretary if previously employed as a miner in scheduled
mines. 11 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary. 12 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary. 13 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary. 14 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary. 15 (Popup - Popup)
These lines are for use only when pneumoconiosis is certified to be present. 16 (Popup - Popup)
These lines are for use only when pneumoconiosis is certified to be present.
e only when pneumoconiosis is certified to be present. 16 (Popup - Popup)
These lines are for use only when pneumoconiosis is certified to be present.
17 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary. 18 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary. 19 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
oyer with copy to Mine
Secretary. 19 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Secretary. 20 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary. 21 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary. 22 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary. 23 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary. 24 (Popup - Popup)
To examine if not presented for examination by employer or prospective employer with copy to Mine
Secretary. 25 (Popup - Popup)
Delete this line if no compensable disease was found. 26 (Popup - Popup)
To next of kin if examination not arranged by employer with copy to Mine Secretary.
this line if no compensable disease was found. 26 (Popup - Popup)
To next of kin if examination not arranged by employer with copy to Mine Secretary.
27 (Popup - Popup)
If the person concerned is not employed at a mine, paragraph (3) and (4) and the reference to the
Mine Secretary in paragraph (5) must be deleted and paragraph (3a) should be completed, as the
Secretary may direct, so as to show what are the arrangements for examination by the Bureau, by a
Government Medical Officer, etc. 28 (Popup - Popup)
If the person concerned is not employed at a mine, paragraph (3) and (4) and the reference to the
Mine Secretary in paragraph (5) must be deleted and paragraph (3a) should be completed, as the
Secretary may direct, so as to show what are the arrangements for examination by the Bureau, by a
Government Medical Officer, etc. 29 (Popup - Popup)
Paragraphs (4) and (4a) should be deleted unless the official decision of the Bureau signified on the
A.P. form makes the use of one or other of those paragraphs necessary. 30 (Popup - Popup)
Paragraphs (4) and (4a) should be deleted unless the official decision of the Bureau signified on the
A.P. form makes the use of one or other of those paragraphs necessary.Have questions about this law?
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