s 35 Powers of the Commissioner and of an Arbitrator
(1) For the purposes of this Act the Commissioner and an Arbitrator shall have all the powers of a Sessions Court Judge for the summoning and examination of witnesses and the administration of oaths or affirmations and for compelling the production of documents and material objects and the Commissioner and an Arbitrator shall be deemed to be a civil court for all the purposes of section 129 and of Chapter XXXIV of the Criminal Procedure Code [Act 593]. (1A) An Arbitrator may in respect of any dependant or alleged dependant not being within Malaysia, accept as evidence the certificate of a competent authority holding an equivalent position to that of a Commissioner, appointed under any law relating to workmen’s compensation in force in the country or territory in which such dependant or alleged dependant resides: Provided that nothing herein contained shall prevent the Arbitrator from taking into consideration any other evidence as to the existence of dependants and the extent of dependence. (2) The Commissioner or an Arbitrator shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandums shall be signed by the Commissioner or the Arbitrator with his own hand and shall form part of the record: Provided that the evidence of any medical witness shall be taken down as nearly as may be word for word. (3) Any person who in any way wilfully obstructs the service of or obedience to any summons and any person summoned who neglects to attend and to produce documents as required in such summons and any person who commits in respect of such enquiry any offence described in Chapter X of the Penal Code [Act 574] shall be guilty of an offence and shall be liable, on conviction, as provided in Chapter X of the Penal Code. (4) Every person who gives evidence before the Commissioner or an Arbitrator shall be bound to answer truthfully all questions put to him by the Commissioner or the Arbitrator and any person who wilfully makes any false statement or who gives any evidence in any enquiry under this Act which he knows to be untrue, or who does any other act, which if done in a judicial proceeding would be punishable under Chapter XI of the Penal Code, shall be guilty of an offence and shall be liable, on conviction, as provided in that Chapter. (5) Every Arbitrator shall be deemed to be a public servant within the meaning of the Penal Code.