Section 19

If a workman receiving a periodical payment in-Wor.kman tends to leave Brunei in order to reside in another country, ~~:~~T 10 re-he shall give to the Commissioner 14 days previous notice of ~~~;~se­

his intended departure; and the Commissioner shall forth-with inform the employer who may agree with the workman to continue the payments in the country in which the work-man intends to reside, and in default of agreement either party may apply to the Commissioner for the commutation of such periodical payments into a lump sum to be paid instead of such half-monthly payments and the Commission-

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er shall thereupon determine the amount of such lump sum.

If a workman receiving a periodical payment leaves Brunei for the purpose of residing in another country without giving notice as provided in subsection (1), he shall thereupon cease to be entitled to any benefits upon this Act during his absence from Brunei and he shall, for the pur-

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poses of paragraph 3 of the Third Schedule be deemed to have received periodical payments during such absence.

30

Liability in case of work-man em-ployed by contractors

Remedies both against employer and stranger

Workmen's Compensation 20.

Where any person (in this section referred to as

"the principal") in the course of or for the purpose of his trade or business contracts with any other person (in this section referred to as "the contractor") for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if the workman had been immediately employed by him and where a claim has been made to the principal for compensa-tion, this Act shall apply as if references to the principal were substituted for references to the employer, except that the amount of compensation shall be calculated with refer-ence to the wages of the workman under the employer by whom he is immediately employed.

Where the principal is liable to pay compensa-tion under this section, he shall be entitled to be indemnified by the person who would have been liable to pay compensa-tion to the workman if this section had not been enacted.

Nothing in this section shall be construed as pre-venting a workman from recovering compensation from the contractor instead of the principal, and a claim made against a principal or a contractor, as the case may be, shall not bar subsequent proceedings under this Act against the other to recover so much of the compensation agreed or awarded as may remain unpaid.

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( 4) This section shall not apply in any case where the

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accident occurred elsewhere than at or about the place where the principal has undertaken to execute work or which is otherwise under his control or management.