| (1) |
The commissioner shall determine in respect of each controlled mine or controlled works, in such manner and on such basis as may be prescribed, an amount payable by the owner of that mine or works to the commissioner, for the benefit of the compensation fund, in respect of each shift worked by any person at or in connection with that mine or works during which such person performed risk work, in order to enable the commissioner to pay to or in respect of every person who performs risk work at or in connection with that mine or works and who is after the commencement of this Act found to be suffering from a compensatable disease, such amounts as may or are likely to become payable under this Act. |
[Section 62(1) substituted by section 19 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (2) |
The commissioner may determine different amounts in respect of— |
| (a) |
controlled mines and controlled works; |
| (b) |
different categories, groups or classes of controlled mines or controlled works; |
| (c) |
different categories, groups or classes of persons; |
| (d) |
different trades, occupations or work at or in connection with controlled mines or controlled works; |
| (e) |
different sections of controlled mines or controlled works, or different working places at controlled mines or controlled works; |
| (f) |
different compensatable diseases. |
| (3) |
Whenever the commissioner has made a determination under subsection (1), he or she shall in writing notify the owner of the mine or works in question thereof, and in such notice the commissioner shall set out such details and information as he or she may consider adequate for the purposes of explaining the determination, and specify the date as from which the determination takes effect. |
| (4) |
The owner of a controlled mine or a controlled works shall pay to the commissioner, not later than the twentieth day of each month, the amounts which, by virtue of a determination under subsection (1), such owner owes in respect of persons who performed risk work at or in connection with his mine or works in the preceding month, and when any such payment is made the owner concerned shall furnish full details of the composition of the amount of his payment and, in the prescribed form, such other details as may be required by the commissioner: Provided that the commissioner may, on application by an owner of a controlled mine or a controlled works, authorize the owner concerned to pay any amounts which are due by that owner at longer intervals but not exceeding three-monthly intervals. |
| (5) |
When the commissioner has under subsection (1) determined the amount which the owner of a controlled mine or a controlled works is to pay as contemplated in this section, the commissioner may, of his own motion or on application by that owner, and the commissioner shall when the risk of the mine or works in question has been altered by the risk committee under section 21, review and, if he or she deems it necessary, alter the amount so determined, and if the commissioner has altered such amount he or she shall forthwith in writing notify the owner concerned. |
Protection of Businesses Act, 1978
