MALAWI:  WORKER'S COMPENSATION ACT, 2000                                                    MALAWI SDNP
and composi-  
tion of the  
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 

                  (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 

                   (vi) one person being a member of the Medical Council of 

                  (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. 

Tenure of  
office of the  
of the Board  
and vacancies  
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 
29.  Members of the Board shall be paid such allowances, as the Minister 
       shall determine. 
Secretary  30. The-Commissioner shall be the Secretary to the Board. 
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. 

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. 
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' 

         (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. 

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 

         (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.