- Commenced on 1 August 1971
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Pneumonoconiosis Act [Chapter 15:08].
Part II – Establishment of Pneumonoconiosis Board: Duties and powers
3. Establishment of Pneumonoconiosis BoardThere is hereby established a board to be known as the Pneumonoconiosis Board.
4. Composition of Board
5. Conditions of office of appointed members of Board
6. Disqualification for appointment as member of BoardThe Minister shall not appoint a person, other than the chairman, as a member of the Board and no person, other than the chairman, shall be qualified to hold office as an appointed member of the Board who—
7. Vacation of office by appointed member of BoardAn appointed member of the Board, other than the chairman, shall vacate his office and his office shall become vacant—
8. Minister may require appointed member to vacate office or may suspend him
9. Filling of vacancies among appointed membersOn the death of or vacation of office by an appointed member of the Board, the Minister may appoint a person to fill the vacancy until the expiration of the period during which the member would, but for his death or the vacation of his office, have continued in office.
10. Meetings and decisions of Board
11. Validity of decisions and acts of BoardNo decision or act of the Board or act done under the authority of the Board shall be invalid by reason only of the fact that a person disqualified in terms of section six acted as a member of the Board at the time the decision was taken or the act was done or authorized.
12. Functions and duties of Board
13. Summoning and examining of witnesses by Board
Part III – Establishment of Medical Bureau: Functions, duties and powers
14. Establishment of Medical Bureau
15. Procedure of Bureau
16. Duties and functions of Bureau
17. Decision of Bureau to be binding
18. Appointment of approved medical practitioners
Part IV – Establishment of Medical Board of Appeal: Functions, duties and appeals
19. Establishment of Appeal Board
20. Appeals from decision of Bureau
21. Reference to Appeal BoardThe Bureau may refer any medical question for the opinion of the Appeal Board.
Part V – Issue of certificates to workers
22. Prohibition of employment of workers suffering from pneumonoconiosis in dusty occupationAny person who employs in a dusty occupation another person whom he knows or has reasonable grounds to believe to be suffering from pneumonoconiosis shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.[section as substituted by Act No. 22 of 2001]
23. Prohibition of employment of workers who do not hold certificates
24. Minister may prescribe medical examinations and standards of fitness
25. Types of certificatesThe certificates which may be applied for and issued under this Part are—
26. Application for certificatesA worker may apply to the Bureau for the issue of a certificate.
27. Issue of initial certificateIf the Bureau is satisfied than an applicant for an initial certificate—(a)complies with the prescribed standards of fitness; and(b)has not previously held an initial or periodical certificate;it shall issue to him an initial certificate in the prescribed form which shall be valid for such period stated therein and not exceeding one year as the Bureau may fix:Provided that if different standards of fitness have been prescribed for different types of dusty occupations, the Bureau shall limit the validity of the certificate to work in dusty occupations in accordance with the applicant’s standard of fitness.
28. Issue of periodical certificates
29. Further medical examinations
30. Loss of certificate
31. Cancellation of Bureau certificate
32. Re-examination upon certificate issued by medical practitioner
Part VI – Register of employees
33. Register of employees
Part VII – General provisions relating to benefits
34. Application for benefitsAny worker who claims to be entitled to benefits in accordance with section forty-three shall transmit his claim or cause his claim to be transmitted in the manner and form and with the documents and particulars prescribed.
35. Determination of monthly wages
36. Variation of benefits and reconsideration of claims
37. Recovery of benefits paid in errorIf any benefits paid under this Act were paid in error, the Minister may recover that amount by action in any court of competent jurisdiction or by deduction from any benefits to which the recipient has or may become entitled under this Act or the Scheme.
38. Benefits not to be assignedNo amount payable as a benefit under this Act shall be assignable or transferable or be capable of being hypothecated or averaged, nor shall any such amount be liable to be attached or subjected to any form of execution under a judgment or order of any court of law.
39. Rights of pensioners and their dependants under Silicosis Act preserved
40. Agreements with other governments
41. Pensions not to be duplicatedAny worker, who is certified to have suffered or to be suffering from pneumonoconiosis or pneumonoconiosis with tuberculosis and has received or is entitled to receive under the law of any other country in respect of a like certification made in that country the full benefits prescribed under the law of that country, shall not be entitled to any benefits under this Act.
42. Disposal of unexpended benefitsAny unexpended benefits, whether awarded under this Act or under the repealed Act—
Part VIII – General
43. Benefits in respect of worker suffering from pneumonoconiosisSubject to section forty-four, with effect from the fixed date—
44. Continued payment of benefits due before fixed date
45. Transfer of assets and liabilitiesWith effect from the fixed date—
46. Staff of Board and Bureau
47. Lungs and heart to be sent to BureauEvery medical practitioner who carries out any post-mortem examination on the body of any person over the age of fifteen years shall, if he finds on such examination pneumonoconiosis to be present in the lungs of the deceased, send the lungs and heart of such person to the Bureau accompanied by his report thereupon.
48. Workers to submit themselves to medical examinations
49. Travelling and subsistence allowances
50. Appointment of inspectorsSubject to the laws relating to the Public Service, the Minister may appoint such persons to be inspectors as he may consider necessary for the purposes of this Act.
51. Rights of entry and inspection
52. Person with pneumonoconiosis not to enter premises where dusty occupation carried onAny person who knows that he has suffered or is suffering from pneumonoconiosis and who, without the permission in writing of the Bureau or in contravention of any condition attached by the Bureau to any such permission, enters any place or premises where a dusty occupation is carried on shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.[section as amended by Act No. 22 of 2001]
54. ***[section repealed by section 4 of Act No. 22 of 2001]
History of this document
01 August 1971