

On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 01/06/2012.

17.
—(1) Where any person (referred to in this section as the principal) in the course of or for the purpose of his trade or business contracts with any other person (referred to in this section as the employer) for the execution by the employer of the whole or any part of any work, or for the supply of labour to carry out any work, undertaken by the principal, the principal shall be liable to pay to any employee employed in the execution of the work any compensation which he would have been liable to pay if that employee had been immediately employed by him.
[5/2008]
(1A) For the purposes of this section, the Commissioner shall, in his discretion and notwithstanding any claim by the employee, determine that a claim for compensation be made, or a recovery of compensation be obtained, against the principal or the employer.
[5/2008]
(2) Where a claim has been determined by the Commissioner to be made against the principal for compensation under subsection (1), 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 reference to the wages of the employee under the employer by whom he is immediately employed.
[5/2008]
(3) Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the person who would have been liable to pay compensation to the employee independently of this section.
[5/2008]
(4) Nothing in this section shall be construed as preventing the Commissioner from ordering the compensation under this Act to be recovered from the employer instead of the principal, and a claim so determined by the Commissioner to be made against a principal or an employer, as the case may be, shall not bar subsequent proceedings under this Act against the other to recover so much of the compensation as may remain unpaid.
[5/2008]
(5) This section shall not apply in any case where the accident occurred elsewhere than at or about the place where the principal has undertaken to execute work or which is under his control or management.







