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Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)

Chapter V : Commissioner, Advisory Committee and Compensation Fund

72. Payments from State Account, Mines Account or Works Account according to circumstances

 

(1) Every payment in terms of a provision of this Act to or in respect of any person other than a person referred to in section 69 (3) (b), on the ground of work performed at or in connection with a mine or works, not being a controlled mine or a controlled works, and in respect of which the Minister has under section 12 declared that it shall be deemed to be risk work at a controlled mine or a controlled works, shall be made—
(a) if no amounts were payable under section 62 by the owner of the mine or works in question in respect of such work, from the State Account;
(b) if any amounts were payable under section 62 by that owner in respect of such work, from the Mines Account or the Works Account, according to the circumstances.

 

(2) Subject to the provisions of subsections (1) and (3) of this section and section 69 (3) (b) and (c), any payments in terms of a provision of this Act to or in respect of a person who was employed at a controlled mine and at a controlled works and who, after the commencement of this Act, was found for the first time to be suffering or to have suffered from a compensatable disease, shall be paid partly from the Mines Account and partly from the Works Account in such proportion as the commissioner at his discretion may determine on the basis of the respective periods for which that person was employed as aforesaid.

 

(3) If the commissioner is of the opinion that a person referred to in subsection (2) was employed mainly at a controlled mine or mainly at a controlled works, the commissioner may at his discretion debit the payments referred to in that subsection entirely against the Mines Account or the Works Account, according to the circumstances.