Establishment
and composi-
tion of the
Board |
27. (1) For the purposes of this Act there is hereby and
established a Board
to be known as the Workers' Compensation Trustee Board
(hereinafter referred to as the "Board").
(2) The Board shall consist of-
(a) the following members appointed by the Minister-
(i) one member not being a public servant, who should be the
Chairman;
(ii) three persons being members of the Employers Consultative
Association of Malawi;
(iii) one person being a member of the Malawi Chamber of
Commerce and Industry;
(iv) two persons each being a member of a different registered
trade union;
(v) one person being a member of the Insurance Association of
Malawi;
(vi) one person being a member of the Medical Council of
Malawi;
(vii) one person being a member of the Nurses and Midwifes
Council of Malawi.
b) the following members, ex officio-
(i) the Secretary for Labour and Vocational Training; and
(ii) the Secretary for Health.
(3) The Board shall,
from amongst its members, elect one member to
be the Vice Chairman.
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Tenure of
office of the
members
of the Board
and vacancies
thereon |
28. (1) A member of the Board, other than a member ex officio
shall hold
office for such period not exceeding two years as specified in the
instrument of his appointment.
(2) Upon expiry of the period
for which a member is appointed he shall
continue to hold office until his successor has been appointed, but
in no case shall such further period exceed three months.
(3) The office of a member of the
Board, other than a member ex-officio,
shall be vacated-
(a) upon his death,
(b) if he is absent without valid excuse from three consecutive
meetings of the Board of which he has had notice;
(c) upon expiry of three months notice in writing of his intention to
resign given by him to the Board and to the Minister;
(d) if he becomes of unsound mind; and
(e) if he becomes an undischarged bankrupt. |
Remuneration of
members of the Board
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29. Members of the Board shall be paid such allowances, as the
Minister
shall determine.
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| Secretary |
30. The-Commissioner shall be the Secretary to the Board.
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Meetings of
he Board |
31. (1) The Board shall meet at places and times as the Board determines,
and such meetings shall be convened by the Chairman.
(2) In the absence of the Chairman,
the Vice Chairman shall preside and
in the absence of both the Chairman and the Vice Chairman the
members present, if constituting a quorum, shall elect one of their
number to preside at that meeting.
(3) The Board shall conduct its
meetings in such manner as the Board
deems fit.
(4) A simple majority of the Board
shall constitute a quorum.
(5) At all meetings of the Board
the person presiding shall have a
deliberative vote and, in the event of an equality of votes, shall also
have a casting vote.
(6) Minutes of each meeting of
the Board shall be kept by the Secretary
and shall be confirmed at the succeeding meeting.
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Committees
of the Board |
32. The Board may, as it deems appropriate, establish one or more
committees to carry out any special
or general functions determined
by the Board and may delegate
to any such committee such of the
functions of the Board as
it may deem expedient.
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Functions of
the Board |
33. (1) The Board shall be responsible for overseeing the administration
of
the Fund with the view to ensuring maximum efficiency and shall
have such further functions and powers in relation to the execution
and administration of this Act as are conferred upon it by this Part
or by any regulations made under this Act.
(2) Without derogation from the
generality of subsection (1), the
functions of the Board shall be-
(a) to make recommendations to the Minister as to the maximum
rates of assessments to be paid by employers and as to scales
and classifications in relation thereto;
(b) to administer the Workers' Compensation Fund;
(c) to prevent accidents to workers by such means as the Board
thinks fit, and cooperate with any other Government Department
and other bodies and persons for that purpose, whether by
making contributions towards their expenses or otherwise; and
(d) to consider data on work related accidents and injuries and
to advise the Minister on policy matters relating to workers'
compensation.
(3) The Board may,
out of its funds, purchase, take on lease or hire or
otherwise acquire such land, buildings, plant, machines and
equipment as in the opinion of the Board are necessary for the
performance of its functions.
(4) The Board
may sell, transfer, lease, hire or otherwise dispose of
any of its real or personal property.
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| Regulations |
34. The Minister may, on the recommendation of the Board, make
regulations for the better
carrying out of the provisions of this Act and,
without prejudice to the
generality of the foregoing, such regulations
may make provisions for-
(a) prescribing procedures,
forms and fees;
(b) prescribing anything
which is to be or may be prescribed under this
Act;
(c) requiring employers
to keep such records and to make such
periodic and other returns as to such matters as the Board thinks
fit, and prescribing a time limit for the making of such returns.
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