Repeal of Workmen's Compensation (Silicosis) Act 1920 and schemes made thereunder
2 Repeal of Workmen's Compensation (Silicosis) Act 1920 and schemes made
thereunder
(1) The Workmen's Compensation (Silicosis) Act 1920 is hereby repealed, and
the schemes made thereunder shall, as from the commencement of this Act, cease
to have effect.
(2)
(a) All awards, orders, and determinations, made in
pursuance of the Workmen's Compensation (Silicosis) Scheme, No 1 of 1938 , as
varied by any subsequent scheme, and the Workmen's Compensation (Silicosis)
Scheme, No 2 of 1938 , as varied by any subsequent scheme, or deemed to be so
made and continuing in force immediately prior to the commencement of this
Act, shall continue in force after such commencement, but shall be subject to
the provisions of this Act.
(b) Any application for an award of compensation
pending, and any other matter incomplete immediately prior to the commencement
of this Act, shall be carried on, and determined, completed or dismissed, in
accordance with the procedure prescribed by or under this Act.
(c) Nothing in
this Act shall affect any right, obligation, or liability acquired, accrued,
or incurred under the Workmen's Compensation (Silicosis) Scheme, No 1 of 1938
, as varied by any subsequent scheme, and the Workmen's Compensation
(Silicosis) Scheme, No 2 of 1938 , as varied by any subsequent scheme, except
in so far as may be otherwise prescribed by this Act.
(3)
(a) Any balance and
investments at the credit of the Silicosis Fund immediately before the
commencement of Part 2 of the Workers' Compensation (Dust Diseases) Amendment
Act 1967 shall, as from that commencement, be transferred to the Fund
established under this Act and any liability of the Silicosis Fund shall, as
from that commencement, be and become a liability of the Fund established
under this Act.
(b) All property, assets, rights, books and documents that,
immediately before the commencement of Part 2 of the Workers' Compensation
(Dust Diseases) Amendment Act 1967 , were vested in or in the custody or
possession of or under the control of the Silicosis Committee shall, as from
that commencement be vested in, or transferred to the custody, possession and
control of, the board.
(5) Any worker who immediately before the commencement
of Part 2 of the Workers' Compensation (Dust Diseases) Amendment Act 1967 was
in receipt of continuing payments of compensation to which the worker was
entitled under subsection (4), as enacted immediately before that
commencement, shall be entitled to receive compensation from the Fund, as from
that commencement, at the rate prescribed by or under this Act and appropriate
to the case.
