Updated: Friday November 20, 2009/AlJumaa
Thoul Hijjah 03, 1430/Sukravara
Karthika 29, 1931, at 02:49:01 PM
The Employees’ Old-Age Benefits Act, 1976
(AMENDED UPTO SEPTEMBER 2002)
(BARE ACT)
UPDATED
PREFACE
For one decade I had been
thinking to do creative-work on the law side, particularly on welfare and
beneficial enactment. Some time I did some work with the intention to provide
service to my advocate brothers as well as functionaries of social security
organizations but couldn’t find way to complete it and self-satisfaction.
Inspite of sincerity, devotion and professional integrity I couldn’t find
appreciation thus remained de-motivated. Some ignored me some condemned me
unheard. I was just to become hopeless when a spiritual beam of hope boosted up
my abilities and shoed me the way of success in this field.
This spiritual beam that
turned my mind to this work was the love of my Chairman for meticulous,
sincere, faithful and painstaking officers of EOBI. His words I can never
forget till my last breath. I have been working in EOBI since 1985. I have
worked with my top ranking officers of EOBI, including Mr. S. Imran Shah, S.
Barkatullah, the then Chairmans EOBI, with Mr. Ashraf Nadeem, and Com. Ahmed
Muhammad, the then DG(s), Mr. Asadullah Khan and Mr. Abbas Hussain, the then
DDG(s), Mr. Mujtaba Rasul(Late) and Dilawar Shah, the than Assistant Director
General(s), but except Mr Mujtaba Rasul (Late) none appreciated the legal work.
It was first time when I felt proud to work under the control of a Chairman who
is a law known officer.
Mr. Muhammad Shafi Malik,
Chairman EOBI, encouraged all the officers to EOBI. It is his endeavor that
today we have a complete code of instruction for all the divisions, wings and
sections in the shape of Manuals. This corporation was working without any
mission like a boat without radar today EOBI has its vision, mission, objects,
values, strategy and action plan. In this scheme many revolutionary reforms had
been made for its viability, credibility, and improvement in its image by
eliminating corruption & inefficiency, by making it a service oriented
modern and self-sustained organization. With the grace of GOD under the
guidance of present Chairman, EOBI is systemizing its procedure, actions, team
work and by adopting modern means for achievement of goal, EOBI is proceeding
towards the viability and credibility of the scheme.
This book of Employees
Old-Age Benefits Legislation is updated/ revised with the historical back
ground of the EOBI legislation, Rules and Regulations, Canons of laws, case
laws of superior courts and the findings of the Appellate Authority under
section 35 of the Act, 1976 and certain SRO(s) under the guidance of Chairman,
EOBI for the officers of EOBI and the scholars of Law.
EMPLOYEES’ OLD-AGE BENEFITS
ACT, 1976
CONTENTS
CHAPTER – I
PRELIMINARY.
1.
Short title, extent, commencement and application.
2.
Definition.
CHAPTER – II
INSURED PERSON
3.
Compulsory Insurance.
4.
Administration.
5.
Nomination of a body corporate pending establishment of an Institution.
6.
Management.
7.
Board of Trustees
8.
Powers and Functions of the Board of Trustees
8A. Appointment, Powers and Functions of
Chairman
CHAPTER – III
CONTRIBUTION
9.
Rates and Assessment
9A. Contribution by Government.
9B. Contribution by the insured person
10.
Records and Returns by Employers.
11.
Registration of Establishment, Etc.
11A. Cancellation of Registration of
Establishments etc.
12.
Officials of Institution to Check Employer's Books.
13.
13. Increase of Unpaid Contribution and Recovery of Contribution, etc.,
as arrears of land revenue.
14.
Safeguard of Insured Person’s Right in Default of Payment of
Contributions by Employers.
15.
Refund of Contributions Paid Erroneously
16.
Extinguishment of Claims to Contributions
CHAPTER – IV
FINANCE AND
AUDIT
17.
Employees' Old‑Age Benefits Fund
18.
Investments and Loans
19.
Budget, Accounts and Audit
20.
.Annual Report
21.
Valuation of Assets and Liabilities
CHAPTER – V
BENEFITS
22.
Old-Age Pension
22-A Old-Age Grant
22-B Survivor’s Pension
23.
Invalidity Pension.
CHAPTER – VI
PROVISIONS
COMMON TO ALL BENEFITS.
24.
Calculation of Qualifying Contribution Periods.
25.
Benefit Claims and Payments.
26.
Extinguishment of Benefits.
27.
Suspension of Old‑Age Pension and Survivor's Pension.
28.
Non‑Duplication of Benefit.
29.
Benefit nor Attachable, Chargeable Or Assignable.
30.
Repayment of benefit improperly received.
31.
Institution's Right to Be Indemnified in Certain Cases
32.
Recovery of Amounts Due
CHAPTER – VII
DETERMINATION
OF QUESTIONS AND CLAIMS
33.
Decisions of Complaints, questions and disputes.
34.
Review of decision
35.
Appeal to Board.
36.
Assessment of invalidity.
CHAPTER – VIII
OFFENCE AND PENALITIES.
37.
Offences.
38.
Prosecution.
CHAPTER – IX
39.
Contributions etc
40.
Exemption From Stamp Duty
41.
Exemption From Taxes
42.
Member and servants of the institution to be public servants
43.
Delegation of Powers
44.
Power to make Rules
45.
Power to make Regulations
46.
Power to exempt.
47.
Act not to apply to certain persons.
48.
Repealed
Schedule
EMPLOYEES' OLD‑AGE
BENEFITS ACT, 1976
(ACT No. XIV OF 1976)
[
An Act
to
repeal and re‑enact the Law relating of Old‑Age benefits for the
persons employed in industrial, commercial and other organisations.
WHEREAS it is expedient to repeal
and re‑enact the law relating to
old‑age benefits for the persons employed in industrial, commercial and
other organisations and matters connected therewith:
It is
hereby enacted as follows :‑
CHAPTER 1
PRELIMINARY
1.
Short Title, Extent, Commencement and Application.(1) This Act may be called
the Employees' Old‑Age Benefits Act, 1976.
(2) It extends to the whole of
(3) It shall come into force at
once.
1[(4)It applies to every industry or
establishment.
(i) wherein ten or more persons are
employed by the employer, directly or through any other person, whether on
behalf of himself or any other person, or were so employed on any day during
the preceding twelve months, and shall continue to apply to every such industry
or establishment even if the number of persons employed therein is, at any time
after this Act becomes applicable to it, reduced to less than ten; or
2[(i-a) wherein less than ten
persons are employed if such industry or establishment voluntarily applies for
application of this Act and this Act shall apply to such industry or
establishment for the date of submission of an application by such industry or
establishment; or
(ii) which the Federal Government
may, by notification in the official Gazette, specify in this behalf.}
__________________________________________________________________
1.
Sub-sec.(4) by
Ord. XVII of 1983.s.e enforced from July 1,1983=1983 PLS 81
2.
Inserted
Cl.(i-a) in sub-sec(4) by Labour Laws (Amendment) Ordinance,2001(Ord. LIII),
s.7(1), effective from
2. Definitions.‑In this Act, unless
the context otherwise requires,‑
[(a) "benefits"
mean old‑age pension, invalidity pension, [survivor’s] 2 pension, old‑age grant and such other payments as may
be determined by the Federal Government from time to time;}
3[(aa)
"Board” means the Board of Trustees constituted under section 7 ;}
(b) "Contribution" means
the sum of money payable to the Institution by the employer {or by the Federal
Government}4 in respect of an insured person under
the provisions of the Act.
5[(bb)
"employee" means any person employed, whether directly or through any
other person, for wages or otherwise, to do any skilled or unskilled,
supervisory, clerical, manual or other work in, or in connection with the
affairs of, an industry or establishment, under a contract of service or
apprenticeship, whether written or oral, express or implied, and includes such
person when laid off {:]]
6[
Omitted]
Provided5[ * * ] that a director of a limited company or
of a corporation set up under any law shall not be treated as an employee
under this Act, irrespective of his wages or emoluments ;]
7[(c)
"employer", in relation to an industry or establishment, mean any
employee, and includes‑
(i) in the case of an individual, an
heir, successor, administrator or assign;
(ii) a person who has ultimate
control over the affairs of an industry or
establishment, or where the affairs of an industry or establishment are
entrusted to any other person (whether called a managing agent, managing
director, manager, superintendent, secretary or by any other name), such other
person ;and]
8[(iii) [Omitted]
(d) "employment injury"
means a personal injury to an insured person caused by an accident, or by such
occupational disease as may be specified in the regulations, arising out of and
in the course of his employment:
_________________________________________________________________________________
1Cl..(a) added after
re-numbering original cl.(a) as (aa) by Or. XVII of 1983, enforced from 1st
July 1983= 1983 PLS 81
2. Subs. for
word”widow’s”,by Employees’ Old Age Benefits (Amendment) Ord. 2002,s. 2(a)
3.Original Cl. (a)
re-numbered as (aa), ibid.
4.Add. By Finance Act,
1986(Act I of 1986) s.11.1.(a)
5.Cl. (bb) add by Ord. XVII
of 1983.
6. Omitted 1st proviso of
cl.(bb) added by Act I of 1986, by Labour Laws(Amendment) Act, 1994.
7. Cl. ( c ) subs. By Ord.
XVII of 1983, s. 3
8. Sub-Clause
(iii) omitted by Act I of 1986
1[(e) "establishment"
means‑
( i ) an establishment to which the
West of
( ii ) a construction industry as
defined in the West Pakistan Industrial and Commercial Employment (Standing
Orders) Ordinance, 1968 (
( iii ) a factory as defined in the
Factories Act, 1934 (XXV of 1934);
(iv) a mine as defined in the Mines
Act, 1923(IV of 1923) ;
(v) a road transport service as
defined in the Road Transport Workers Ordinance, 1961 (XXVIII of1961) ; and
includes any class of industries or establishments which the Federal Government
may, by notification in the official Gazette, declare to be establishments for
the purposes of this Act.]
(f) "fund" means the
Employees' Old‑Age Benefits Fund set up under section l7 ;
(g) "industry" means any
business, trade, undertaking, manufacture or calling of employers, and includes
any calling, service, employment,
handicraft industrial occupation or avocation of workmen ;
(h) "institution" means
the Employees' Old‑Age Benefits Institution established or nominated
under section 4 [or section 5;] 2
(i) "insured person" means
[an employee] 3 who is or was in insurable
employment;
(j) "insurable employment"
means employment of a person under a contract of service or apprenticeship,
whether written or oral, express or implied and in respect of which
contributions are payable under this Act;
_________________________________________________________________
1.
Cl. (a) subs. By Ord. XVII of 1983, s.4=1983 PLS 81.
2.
Words and figure added. ibid.
3.
Subs for “a person”, by Act I of 1986.
(k) "invalidity" means a
condition, other than that caused by an employment injury, as a result of which
an insured person is permanently incapacitated to such an extent as to earn
from his usual or other occupation more than one third of the normal rates of
earning in his usual occupation ;
(1) "member" means a
member of the Board ;
(m) "prescribed" means
prescribed by rules ;
(n) "regulations" means
regulations made by the Board ;
(o) "rules" means rules
made under this Act;
1[(oa) “Self assessment scheme”
means a self assessment schemefor which the employer has opted and applied to
the Institution on such form as prescribed.
2[(P) “wages” means remuneration for
services paid or payable in cash or in kind to an insured person, not being
less than the remuneration based
on the minimum rates of wages declared under the
Minimum Wages Ordinance, 1961 (XXXIX of 1961), without taking account of
deductions for any purpose, under a contract of service or apprenticeship,
express or implied, and shall be deemed to include any dearness allowance or
other addition in respect of cost of living, and any payment by the employer to
an insured person in respect of any period of authorized leave, illegal lock‑out
or legal strike ; but does not include‑
1.
any payment for overtime ; or
(ii) any sum paid to the employee to
defray special expenses entailed by the nature of his employment ; or
(iii) any gratuity payable on
discharge ; or
(iv) any sum paid as bonus ; and]
[(q) “year”, with
respect to insurable employment means, a total of three hundred and sixty‑five
days for which contribution are payable, or, in the case of insured persons who
are not paid for weekly holidays, a minimum of three hundred and twelve days.]
1 Subs. by Employees’ Old
Age Benefits (Amendment) Ord. 2002,s. 2(b ) for inserted Cl.(ao) which was inserted by Labour Laws(Amendment)
Ordinance, 2001(Ord. LIII of 2001, effective retrospectively
from July 2001.
2 Clauses (p)&(q) subs. By Ord. XVII of 1983, s.4=1983 PLS 81
CHAPTER II
INSURED
PERSONS
1[3. Compulsory Insurance.‑ All employees
in an industry or establishment shall be insured in the manner prescribed by or
under this Act.]
4. Administration.‑(1) As soon
as may be, after the commencement of this Act, the Federal Government shall
establish or nominate by notification an Institution to be called the
Employees' Old‑Age Benefits Institution.
(2) The Institution shall be a body
corporate having perpetual succession and a common seal, with powers, subject
to the provisions of the Act, to acquire, hold and dispose of property, both
movable and immovable, and shall by the aforesaid name sue or be sued.
5. Nomination of a Body Corporate
Pending Establishment of An Institution.‑
(1) Notwithstanding anything
contained in section 4, the Federal Government may, pending the establishment
of an Institution, by notification in the official Gazette, nominate a body
corporate to exercise and perform all the powers and functions of the
Institution under this Act and appoint the head of such body corporate, by
whatever name called, to be the 2[Chairman] of the
Institution.
(2) The nomination of a body
corporate under sub‑section (1) shall be subject to such terms and
conditions as the Federal Government ma, from time to time, determine.
6. Management.‑(1) The general
direction and superintendence of the affairs of the Institution shall vest in
Board which may, with the assistance of the 2[Chairman]
of the Institution, exercise all powers and do all acts and things which may be
exercised or done by the Institution.
(2) In discharging its functions,
the Institution shall be guided by such instructions on questions of policy as
may be given to it from time to time, by the Federal Government, which shall be
the sole judge as to whether any instructions are on a question of policy or
not.
7. Board of Trustees.‑(1) The
Board of Trustees shall consist of the following members to be appointed by the
Federal Government, by notification, namely:‑
_____________________________________________________________________
1. Subs by Finance Act,(Act 1 of 1986)
2. Subs for word ”head” by Ord. XVII of
1983, s. 5=1983 PLS 81
3. Appointments of members notified under
S.R.O.588 (1)/76, June, 14=Gaz. Of Pak.Extr. Pt. II, 18 June 1976.
(a) the
Secretary of Additional Secretary in the Labour Division, who shall also be the
1[President] of the Board of Trustees ;
(b) four persons to represent the
Federal Government, one each from the
Ministries of Finance, Commerce, Industries and Labour;
(c) four persons to represent the
Provincial Governments, one to be nominated by each of the Provincial
Government ;
(d) four persons to represent
employers ;
(e) four persons to represent
insured persons ; and
(f) two persons to represent the
Institution.
(2) Members to be appointed under
clause (d) and (e) of sub‑section (1) shall respectively be chosen from a
list of names submitted in the prescribed manner by the organisations to the
employers and employees recognised by the Federal Government for that purpose.
Provided that, pending the making of
rules in this behalf, the first members to be so appointed shall be chosen from
such persons as the Federal Government may deem fit.
8. Powers and Functions of the Board
of Trustees. In addition to the powers conferred on, and the functions
entrusted to it by the other provisions of this Act or by the rules, the Board
shall have powers.
(a) to approve the budget estimates,
the audited accounts and the annual report of the Institution for submission to
the Federal Government in accordance with the provisions of this Act ;[ ]2
(b) to call for any information or
direct any research to be made for the furtherance of the objects of the Act[,
and]3
4(c) to
co-opt any other technical person by name as member on the Board for a specific
purpose and for such limited period as decided by the Board.
5[8A.
Appointment, Powers and Functions of Chairman.‑(1) The Chairman of the
Institution shall be appointed by the Federal Government for such term and on
such terms and conditions as it may determine.
(2) The Chairman of the Institution
shall exercise such powers and perform such functions as may be prescribed.] .
1 Subs. For “Chairman”, by Finance Act,
1986 (Act I of 1986), s.11(3);
2. Word” and omitted by by Employees’ Old Age Benefits (Amendment) Ord. 2002, s. 3
3 Coma and word “ and” added by by Employees’ Old Age Benefits (Amendment) Ord. 200, s.3.
4. Cl.( c ) inserted by by Employees’ Old Age Benefits (Amendment) Ord. 2002. s. 3 ©
5. Sec 8-A added by Ord. XVII of 1983, S.7=
1983 PLS 81
CHAPTER III
CONTRIBUTIONS
9. Rates and Assessment.‑ (1)
On and from the first day of July, 1976, contribution shall be payable every
month by the employer to the Institution in respect of every person in his
insurable employment, at the rate of five per cent of his wages in the
prescribed manner;
1[Provided
that no contribution shall be payable on so much of an insured person's wages
as in excess of [three thousand]2 rupees:
3
[Provided further that no contribution shall be payable in respect of an
insured person who is in receipt of [Old-age pension]4 under
this Act or has attained the age of sixty years, or fifty‑five years in
the case of a woman.
5 [Provided also that in case an
employer opts for a self-assessment scheme, he shall be liable to pay fixed
amount of one hundred and fifty rupees in respect of every person in his
insurable employment irrespective of his wages or emoluments, and the wages for
the purpose of calculation of benefits shall be treated as three thousand
rupees per month; and
(2) Where an insured person does not
receive any wages from the employer for any period, the Institution shall,
subject to regulations, determine the amount of wages with reference to which
the contributions shall be computed.
(3) Notwithstanding any agreement to
the contrary, the employer shall not deduct from the wages of an insured person
or otherwise recover from him any portion of [employer’s share of contribution]6
(4) Where the mode of payment of
remuneration, whether in cash or in kind, makes it difficult to determine the
amount of wages for computing the contribution, the Institution may, subject to
regulations, determine such wages.
_____________________________________________________________________
1 Proviso added by Ord. XVII of 1983=
1983 PLS 81
2. Subs. For “One
thousands and five hundred” By s. 8(2) of the Labour Laws (Amendment) Act,1994, earlier it was subs.
For”one thousand" by Act XVI of 1985,
Schedule.
3. Subs. By Finance Act,
1986( Act I of 1986)
4. Subs. word “old-age
pension” for word”pension, by Employees’ Old Age Benefits (Amendment) Ord. 2002, s. 4(a)(i).
5. Subs Third proviso,
ibid by Employees’ Old Age Benefits (Amendment) Ord.
2002, s.4(a)(ii)
6. Subs word” Employer’s share of
contribution” for words”contribution” by by Employees’ Old Age Benefits (Amendment) Ord.
2002, s.4(b)
1[9A.
Contribution by Government ‑ Federal Government may make such
contribution to the Institution as it may determined from time to time.
2[9B.
Contribution by the insured person: - On and from Ist day of July 2001, the
contribution shall be payable by an insured person at the rate of twenty rupees
in prescribed manners.
10.Records and Returns by Employers.‑
Every employer shall keep such records and shall submit to the Institution such
returns, at such times, in such form and containing such particulars relating
to persons employed by him, as may be provided in regulations.
11. Registration of Establishment,
Etc.‑(1) Every employer shall, before the expiration of thirty days from
the day on which this Act becomes
applicable to the industry or establishment in respect of which he is the
employer, communicate to the Institution the name and other prescribed
particulars of the industry or establishment.
(2) Every insured person may also
communicate his name and other prescribed particulars to the Institution.
(3) On receipt of a communication
under sub‑section (1) or sub‑section (2) the Institution shall
register the name of the industry or establishment or the insured person in
such manner, and issue to the insured person a registration card in such from,
as may be prescribed.
3[11A.
Cancellation of Registration of Establishments, Etc.‑ The Board may, on
the basis of such evidence as the Board may find satisfactory for the purpose,
cancel the registration of any establishment or industry which has ceased to
exist :
Provided that the
cancellation of the registration of an establishment or industry shall not
affect its liabilities incurred before the date of such cancellation.]
1.
Subs. New s.9A by Finance Act, 1995 s.8. for old s. 9A inserted by
Finance Act, 1986( Act 1 of 1986) s. 11(5)
2.
New Sec. 9B inserted by the Labour Laws (Amendment) Ord.2001, (Ord.
LIII of 2001), s. 7(4) effective retrospectively from July 1, 2001)
3.
Sec. 11A added by Finance Act1986 (Act I of 1986, s. 11(6) Gaz. Of Pak.
Extr., Pt-I June 29,1986
12. Officials of Institution to
Check Employer's Books.‑(1) Any official of the Institution, duly
authorised by a certificate in a form specified
in the regulations, may, for the purpose of inquiring into the
correctness of any of the particulars stated in the records or returns referred
to in section 10 or the purpose of ascertaining whether any of the provisions
of this Act have been complied with.‑
(a) require an employer to furnish
to him such information as he may consider necessary : or
(b)
at any reasonable time, enter any establishment or other premises
occupied by such employer and require any person found in‑charge thereof
to produce and allow him to examine such accounts books and other documents
relating to the employment of persons and payment of wages, or to furnish to
him such information, as he may consider necessary ; or
(c) examine, with respect to any
matter relevant to the purposes
aforesaid, the employer, his agent or any other person found in such
establishment or other premises, or any other person whom the said official has
reasonable cause to believe to be or to have been an insured persons.[ ]1
2 [ * * * * ]
3(2) The official referred to in sub‑section
(1) shall not ordinarily demand production of account books and other documents
referred to in clause (b) of sub-section (1) for more than two years and shall
be bound to secrecy as regards all matters with which he becomes acquainted in
the performance of his duties and which do not relate to matter provided for in
this Act:
Provided that checking of record in
case of those employers who have not opted for Self-Assessment Scheme shall
only be done once in a year, with fifteen day’s prior notice, by an officer not
below the rank of Assistant Director.”
(3) If an employer fails to maintain
records or to submit returns as required by the regulations, or otherwise fails
to comply with the provisions of sub‑section (1) and thereby makes it
difficult to ascertain the identity of persons required to be insured or the
amount of contribution payable, the contribution shall be assessed on the basis
of such evidence as the Institution may find satisfactory for this purpose.
4[12A.
Self Assessment Scheme : - (1) Any employer may opt and apply for registration
under the self assessment scheme to the Institution by declaring the number of
employees and their required particulars on the prescribed form. The
declaration so made shall be accepted without ant question provided no demand
of contribution previously created remain outstanding against such employer.
(2) Any employer who is already registered under
normal pension scheme and opts for registration under self assessment scheme
shall not decrease the total amount of contribution and number of insured
persons already registered immediately prior to exercising his option for self
assessment scheme.
(3) The employer shall ensure that
the amount of contribution and number of registered insured workers declared by
him shall not decrease during the period of two years of self assessment scheme.
(4)
The officials of the Institution shall not enquire into or inspect any
establishment which has opted for self assessment scheme for a period of two
years from the date of submission of application for ascertaining the amount of
the contribution and number of insured persons.
(5)
At expiry of two years period, if the employer wishes to continue on
self assessment scheme, one time checking of the record shall be done, as
provided in sub-section (1) of section 12, by an officer not below the rank of
Deputy Director and no question will be asked about the previous years.
13. Increase of Unpaid Contribution
and Recovery of Contribution, Etc., as arrears of land revenue.‑(1) If
any employer fails to pay, on the due date, the contribution payable by him
under sub‑section (1) of section 9, the amount so payable by him shall be
increased by such percentage or amount as may be prescribed :
Provided that in no case shall such
increase exceed fifty per cent of the amount due.
(2) Without prejudice to any other
remedy, the amount of contribution due, together with the increase provided for
under sub‑section (1), may be recovered as an arrears of land revenue.
1[14. Safeguard of
Insured Person’s Right in Default of Payment of Contributions by Employers.‑
Notwithstanding anything contained in this Act, if an insured person has
communicated his name and other prescribed particulars to the Institution under
sub‑section (2) of section 11 and has been issued by the Institution a
registration card under sub‑section (3) thereof and, in case of changing
employment from one industry or establishment to another industry or
establishment, has also informed the Institution about such change of
employment, then, in the event of default in payment of contributions by the
employer in respect of such insured person, such insured person shall have and
enjoy the same rights under this Act as if no such default had occurred.]
1. Sec. 14 subs. By Ord. XVII of 1983 s. 9
= 1983 PLS 81
15. Refund of Contributions Paid
Erroneously.‑ An employer shall be entitled to the refund of any
contribution paid to the Institution under erroneous belief that it was payable
under the provisions of the Act, and shall be entitled to the refund of excess
amount of the contribution where such contribution had been paid at a higher
rate than the rate prescribed.
Provided that no contribution or
excess amount of any contribution shall be refunded unless as application for
such refund is made within six months of the date on which the contribution was
paid.
16. Extinguishment of
Claims to Contributions.‑ Any claims of the Institution for unpaid
contributions shall be extinguished in the manner provided in the regulations.
CHAPTER IV
FINANCE AND
AUDIT
17. Employees' Old‑Age
Benefits Fund.‑(1) The Institution shall have its own fund, to be called
the Employees' Old‑Age Benefits Fund and may incur out of the Fund such
expenditure as may be necessary for the purposes of this Act.
(2) All contributions paid under
this Act and all other moneys received by or on behalf of the Institution shall
be paid into the Fund.
(3) The Institution shall derive its
revenues from the following sources‑
(a) contribution payable under this
Act and the rules ;
(b) all other payments made by the
employers under this Act and the regulations ;
(c) income from investment of the
moneys of the Institution ; and
(d) donations and bequests for the
purposes of this Act.
(4)
The assets of the Institution shall be utilized solely for the purposes
of this Act.
(5) The moneys of the Institution
shall be deposited in such banks as may be approved by the Board for the purpose.
18. Investments and Loans.‑(1)
Subject to rules, the Institution may, from time to time, invest any moneys which
are not immediately required for expenses under this Act, and may re‑invest
or realise such investment.
(2) The Institution may, with the
previous sanction of the Federal Government and on such terms as it may
specify, raise loans and take measures for discharging such loans.
19. Budget, Accounts and Audit.‑
(1) The Institution shall draw up annually a budget showing the anticipated
receipts and expenditure during the following year and shall submit it to the
Board for the approval of the Federal Government.
(2) The Institution shall maintain
accounts of its income and expenditure in such form and manner as may be
prescribed.
(3) The books of account of the
Institution shall be balanced on the thirtieth of June each year and its
accounts shall be audited by auditors approved by the Federal Government at
such time and in such manner as may be prescribed.
(4) The auditors shall at all
reasonable times have access to the books of accounts and other documents of
the Institution and may, for the purposes of the audit call for such
explanation and information as they may require and may examine any principal
or other officer of the Institution.
(5) The auditors shall forward to
the Federal Government an annual report of it work and activities.
20. Annual Report.‑ The
Institution shall submit to the Federal Government an annual report of its work
and activities.
1[21.
Valuation of Assets and Liabilities.‑ The Institution shall, at intervals
of not more than three years, have an actuarial valuation made in the
prescribed manner of its assets and liabilities and no change in rate of
contribution or benefit under this Act shall be made without proper actuarial
valuation:
Provided that the Federal Government
may direct a valuation to be made at such other times as it may consider
necessary.
1.
Subs. for section 21 by Employees’ Old Age Benefits
(Amendment) Ord. 2002. s. 7
CHAPTER V
BENEFITS
1.
1[Old‑Age
Pension].‑
2[(1) An
insured person shall entitled to a monthly old‑age pension at the rate specified
in the schedule.
Provided that: ‑
(a) he is over [sixty]3 years of age, or [fifty‑five]4 years
in the case of a woman; and
(b) contributions in respect of him
were [paid]5 for not less than fifteen years[.]6
7[Provided
further that the age specified in clause (a) will be reduced by five years in
the case of an insured person employed in the occupation of mining for at least
ten years immediately preceding retirement [:]8
9[Provided also that where the employee was insured under
the provisions of this Act on or before 30th June 2002, and contributions
payable under the Act by the employer
prior to 30th June,
insured person shall enjoy the rights under this Act as if
for the word "payable" the word "paid" were not
substituted:
"Provided further that where the contribution under
section 9B is paid regularly by the insured person himself in accordance with
prescribed procedure, his entitlement to the benefit shall not be affected by
default in payment of employer's share
of contribution under section 9."; and
(2) If an insured person was on the
first day of July, 1976, or is on any day thereafter on which this Act becomes
applicable to an industry or establishment,‑
( i ) over forty years of age, or
thirty‑five years in the case of a woman, clause (b) of sub‑section
(1) shall have effect as if for the word "seven" were substituted :
or
(ii) over forty‑five
years of age or forty years in case of a woman, clause (b) of sub‑section
(1) shall have effect as if for the word "fifteen" therein the word
"five" were substituted.
___________________________________________________________________
1.
Subs. For “Old-age Allowance” by Act XVII of 1983, s. 2 = 1983 PLS 18.
2.
Sub-sec(1) and (2) subs. ibid.
3.
Subs. For “fifty Five “, by Finance Act, 1986(Act I of 1986), s.
11(7)(A)(a)(i); Gaz. of Pak. Extr. Pt. I, June 29,1986.
4.
Subs. For “fifty”, ibid.
5.
Subs. word ”paid” for ”payable” by Employees’ Old
Age Benefits (Amendment) Ord. 2002. s. 8(a)(i)
6.
7.
second proviso added, ibid s. 11(7)(A)(a)(i)
8.
Subs. colon for semicolon at the end of IInd proviso by Employees’ Old Age Benefits (Amendment) Ord. 2002. s. 8(a)(ii
9.
Inserted IIrd and IVth proviso after second proviso by Employees’ Old Age Benefits (Amendment) Ord. 2002. s. 8(a)(iii).
1[(2A)
Notwithstanding anything contained in sub‑section (1), an insured person‑
(a) who was insured under the
provisions of this Act on or before the 30th June, 1986, and will attain the age
of (fifty‑five years in the case of woman) on or before the 30th June,
1991, and
(b) in respect of whom contributions
were payable to the Institution for the period required under the provision
of this Act, shall been entitled to old‑age
pension at the age of fifty‑five
years (fifty years in the case of woman).
1[(2B)
An insured person already in receipt of an old‑age or invalidity pension,
or entitled to an old‑age pension under the provisions of sub‑section
(2A), shall be entitled to a minimum pension at the rate specified in the
Schedule.
1[(
(a) the Institution is satisfied
through documentary evidence that the employer has a definite established
retirement age of less than sixty years (fifty‑five years in the case of
woman) ;
(b) the employer certifies that the
insured person has been retired by him on attaining the age of superannuation ;
and
(c) the contributions in respect of
him were [paid]2 for the period required under the provision
of this Act.
1[(2D)
The old‑age pension shall be reduced by one half per cent of the Old‑Age
Pension specified in the Schedule for each completed month by which the age
falls short of sixty years (fifty‑five
years in the case of woman) and the minimum old‑age pension shall be
reduced in the aforesaid manner in the case of retirement from insurable
employment before attaining the age of sixty years (fifty‑five years in
the case of woman.
1[(2E) The
reduction in old‑age pension specified in sub‑section (2D) shall be
for life and shall not be restored on the insured person's attaining the normal
pension age.]
------------------------------------------------------------------------------------------------------
(3)
Subject to regulations, the [old‑age pension]1 shall
commence as from the month following that in which the insured person satisfies
the condition for entitlement thereto, provided that no [Benefit] shall be
payable retro‑actively for more than six months preceding the month in
which an application for [old‑age pension]1 is
submitted.
(4) Insurable employment of a person
for the purposes of this Act shall commence on the date from which the first
contribution in respect of him becomes payable.
(5) The [old‑age
pension]1 payable to an insured person shall be
terminated at the month in which
the death of such persons occurs.
(6) [Omitted]2
3[22A.
Old‑Age Grant.‑ If an insured person, not otherwise entitled to old‑age
pension, retires from insurable employment after attaining the age of sixty
years, or fifty‑five years in case of woman and a mine worker, and
contributions in respect of him were paid for less than fifteen years, but not
less 4[than two] years, he shall be entitled to an
old‑age grant payable in a lump sum equal to his one month's average
monthly wages for every completed year of insurable employment or part thereof
in excess of six months[:]5
"Provided that where the employee was insured under
the provision of this Act on or before 30th June 2002, and contributions
payable under the Act by the employer prior to 30th June
Provided
further that where the contribution under section 9B is paid regularly by the
insured person himself in accordance with prescribed procedure, his entitlement
to the benefit shall not be affected by default in payment of employer's share
of contribution under section 9."
_____________________________________________________________________
1.
Sub. For “Old-age Allowance” by Or. XVII of 1983.
2.
Omitted by Finance Act, 1986.
3.
Sections 22A subs. for original, by Finance Act, 1986(Act I of 1986),
s. 11(8), Gaz. of Pak. Extr. Pt. I, June 29,1986.
4.
Subs. For words” than five” by s. 8(4) of Labour Laws (Amendment) Act,
1994.
5.
For full stop at the end of section 22A colon shall be subs and
thereafter two provisos shall be added ” by Employees’ Old
Age Benefits (Amendment) Ord. 2002. s. 9 (b).
1[22B.
Survivors' Pension
(1) In the case of the death of an
insured person while in insurable employment but after he had completed not
less than thirty six months insurable employment, the surviving spouse, if any,
shall be entitled to a life pension equal 2[ ***] the minimum pension:
3[(1A)
In case of death of an insured person, while not in insurable employment but
after h had completed five years insurable employment, the surviving spouse, if
any, shall be entitled to a life pension equal to the minimum pension.
(2) In the case of the death of an
insured person who had become entitled to old-age pension or [ invalidity
pension]5 before his death, the surviving spouse,
shall, if the spouse had married the deceased person before he had attained the
minimum age prescribed for old-age pension, receive life pension [ equal to ]6 the pension of such person.
4[( 3 )
In case the deceased of the surviving spouse in receipt of a survivor’s
pension, the minor children of the deceased insured person, if any, shall be
entitle ed to the survivor’s pension, in the following equal shares, namely;-
1.
In case of a male child, until he attains eighteen years of age, and
2.
In case of female child, until she attains eighteen years of age or
until marriage, whichever is earlier.
5[(3A) In the case of cessation of survivor’s pension of any of the
children of the deceased insured person on his attaining the age of eighteen
years or marriage incase of a
female, or death, as the case may be, the share of survivors pension received
by such child shall be distributed equally among the rest of the minor children
of the deceased insured person.
6[(3B) In case of death of the surviving spouse in
receipt of a survivor’s pension within five years after the death of the
insured person and not survived by any
minor child of the deceased insured person, the survivor’s pension shall be
paid to the surviving parents of the
deceased insured person, if any, for a period of five years from the death of said spouse.
_____________________________________________________________________
1.
Sections 22A and 22B subs. for original, by Finance Act, 1986(Act I of
1986), s. 11(8), Gaz. of Pak. Extr. Pt. I, June 29,1986.
2.
Omitted words” sixty percent of” ibid s. 8(5)(a)
3.
New Sub-sec.1A added, ibid s. 8(5)(b)
4.
Sub-Sec.3 subs. For the original
, , ibid s. 8(5)(d)
5.
Sub-Sec.3A subs., ibid s.
8(5)(d)
6.
Sub-Sec.3B subs, ibid s. 8(5)(d)
1[(4) In case of the death of an insured person
who is not survived by a spouse, the survivor’s pension shall be paid to the
minor children of the deceased insured person referred to sub-section (3) and
sub-section (3A), and in the case of the insured person not surviving any minor
child, the survivor’s pension shall be paid to the surviving person, if any,
for a period of five years from the death of insured person.
23. 2[Invalidity
Pension].‑
(1) An insured person who sustains
invalidity shall be entitled to an [invalidity pension]2 at the
rate [to be calculated according to the formula set out in the schedule] 3[:]4
5["Provided that
where the employee was insured under the provision of this Act on or before
30th June 2002, and the contribution payable under the Act by the employer
prior to 30th June
5[Provided further that
where the contribution under section 9B is paid regularly by the insured person
himself in accordance with prescribed procedure, his entitlement to the benefit
shall not be affected by default in payment of employer's share of contribution
under section 9."
Provided
that‑
(a) contribution in respect of him
were [paid]6 for not less than fifteen years
; or
(b) contributions in respect of him
were [paid]6 for not less than five years since
his entry into insurable employment and for not less than three years during
the period of five years preceding the month in which he sustains invalidity ;
and
(c) in either case, he is under
[sixty]7 years of age, or [fifty‑five]7 years in the case of woman.
_________________________________________________________
1. Sec.4 subs. , ibid s. 8(5)(e)
2. Subs for “invalidity Allowance” by Ord.
XVII of 1983 s.2
3. Subs. For words” of seventy five rupees
per month”, ibid. s.12
4. For full stop, at the end of
sub-section(1) colon subs. by Employees’ Old Age Benefits (Amendment) Ord. 2002. s. 10 (b).
5. Provisos added by Employees’ Old Age Benefits (Amendment) Ord. 2002.s.10 (b).
6. For word “payable” the word “paid”
subs. ibid s. 10(a)
6. Subs. for “fifty-five” and “fifty” by
Finance Act, 1986
(2) Subject to regulations, the
[invalidity pension]1 shall be payable
from the month following that in which the insured person satisfies the
conditions for entitlement thereto :
Provided that the [invalidity
pension]1 shall not be payable retro‑actively
for more than six months preceding the month in which as application for the
[invalidity pension]1 is submitted.
(3) The [invalidity pension]1 shall be payable so long as invalidity continues :
Provided
that an insured person who has been in receipt of the [invalidity pension]1 for not less than five continuous years or attains the age
specified in clause (a) of sub‑section
(1) of section 22 shall be entitled to the [invalidity pension]1 for life.
1. Subs. for “invalidity allowance”
by Ord. XVII of 1983. s.2
CHAPTER VI
PROVISIONS
COMMON TO ALL BENEFITS
24. Calculation of Qualifying
Contribution Periods.‑ In calculating the contribution periods for
entitlement to a benefit under this Act, periods in respect of which
[invalidity pension]1 has been paid to an
insured person prior to his reaching the age of [sixty]2 years,
or [fifty‑five]2 years in the case of
woman, or periods in respect of which maternity benefit or sickness benefit or
injury benefit or total disablement pension have been paid under the West
Pakistan Employees' Social Security Ordinance, 1965 (West Pakistan Ordinance
No. X of 1965), to an insured person shall be deemed to be contribution periods
to such extent as may be provided by regulations.
25. Benefit Claims and Payments.‑
(1) All claims for [a benefit]3 under this Act shall
be made in writing and shall be accompanied by such documents, information and
evidence as to entitlement as may be provided by regulations.
(2) Payment of [a benefit]3 shall be made in such manner, and at such times and places, as
may be provided by regulations.
26. Extinguishment of Benefits.‑
A right to [any benefit]4 shall stand
extinguished where a claim therefore is not made within twelve months of the
date on the [benefit]4 becomes payable:
5[Provided
that the Institution may condone the delay and admit the claim if it is
satisfied that the delay was caused for reasons beyond the control of the
insured person or the [survivor]6.
7[27.
Suspension of Old‑Age Pension and [Survivor's Pension]8. Subject to regulations, payment of old‑age pension and
[survivor's pension]9 shall be suspended
when and so long as the insured person or the [survivor]10 entitled to it is absent from
_____________________________________________________________________
1. Subs.
For “invalidity allowance” by Ord. XVII of 1983. s. 2
2. Subs.
For words “fifty five” and “fifty” respectively by Finance Act, 1986 (Act I of
1986)
3.Subs.
for “ an allowance”, by Ord XVII of
1983, S.2
4. Subs
for words” the invalidity allowance or old-age allowance”, S.13 ibid.
5. Proviso
added, ibid
6 Subs.
for “Surviving Widow”, by Act 1 of 1986 S. 11(11)
7. Section
27 subs. by Ord. XVII of 1983, s. 14= 1983 PLS 81.
8. Subs.
for “widow’s pension”, by Act 1 of 1986
9. Subs.
for “widow’s pension”, by Act 1 of 1986
10. subs.
for” surviving widow” ibid.
28. Non‑Duplication of
[Benefit]. (1) An insured person shall not be paid for the same period more
than one of the [benefits]1 provided for this
Act.
(2) Where an insured person is
entitled to more than on [benefit]1 under this Act, he
shall be given the higher of such [benefits]1.
(3) Where an insured person is
entitled to [a benefit]2 under this Act and
to a disablement pension under the West Pakistan Employees' Social Security
Ordinance, 1965 (West Pakistan Ordinance No. X of 1965) he shall be given the
higher of the two.
(4) The [invalidity pension]3 shall not be payable to an insured person so long as he
receives the sickness benefit under the West Pakistan Employees' Social
Security Ordinance, 1965 (West Pakistan Ordinance No. X of 1965).
29. Benefit Nor Attachable,
Chargeable Or Assignable.‑ [A benefit]3
payable under this Act shall not be liable to attachment in the execution of a
decree, nor shall it be chargeable or assignable ; and any agreement to charge
or assign [a benefit]3 shall be void, and
on the bankruptcy of an insured person, the [benefit]1
payable to him shall not pass to any trustee or person acting on behalf of his
creditors.
30. Repayment of 5[benefit]
Improperly Received.‑(1) When a person has received any [benefit]1 under this Act to which he is not lawfully entitled, he shall
be liable to repay to the Institution the amount of the [benefit]1 in such manner as may be provided by regulations :
Provided that the Institution may
waive repayment of [a benefit]2 where payment thereof
was not due to misrepresentation on the part of the insured person receiving it
and the repayment would cause undue hardship to him.
(2) Sums due to the Institution by
virtue of the foregoing sub‑section may be recovered by deduction from [a
benefit]3 payable under this Act.
31. Institution's Right to Be
Indemnified in Certain Cases.‑ Where the contingency for which [a
benefit]3 is payable under this Act was caused under
circumstances creating a legal liability in some person, the Institution shall
be entitled to substitute itself for the insured person in bringing a suit for
damages against that person.
32. Recovery of Amounts Due.‑
Any amount recoverable under this chapter may be recovered as an arrear of land
revenue.
________________________________________________________________________
CHAPTER VII
DETERMINATION
OF QUESTIONS AND CLAIMS
33. Decision on Complaints,
Questions and Disputes.‑ If any complaint is received or any question or
dispute arises as to‑
(a) Whether a person is an insured
person within the meaning of this Act ;
(b) the amount of wages of an
insured person for the purposes of this Act ;
(c) the amount of contribution
payable by an employer in respect of an insured
person ;
(d) the person who is the employer
in respect of an insured person ;
1[(e)
entitlement to any benefit under this Act or as to the amount and duration thereof; and ]
2[(ee)
registration of industry or establishment; or]
(f) any other matter in respect of
any contribution or any [benefit]3 referred to in
clause (e), or dues payable or recoverable under this Act relating to
contributions or the aforesaid [benefits]4
the matter
shall be decided by the Institution, in such manner, and within such time, as
the regulations may provide and the Institution shall notify its decision to
the person concerned in writing, stating therein the reason for its decision.
34. Review of Decisions.‑ The
Institution may, subject to regulations, on new facts being brought to its
notice, review a decision given by it under section 33.
Provided that no decision shall be
so reviewed without giving the person concerned an opportunity of being heard
and adducing evidence in support of, or against, the decision, as the case may
be.
35. Appeal to Board. Subject to
rules, a person aggrieved by a decision of the Institution under section 33 or
on a review under section 34, may appeal to the Board.
36. Assessment of Invalidity. The
Institution shall appoint medical boards which shall, in such manner as may be
provided by regulations, assess the degree of invalidity sustained by an
insured person.
____________________________________________________________________
1.
Cl. (e) subs. by Ord. XVII of 1983, s. 15
2.
Cl. (ee) added, ibid
3.
Subs. for “allowance”, ibid s.2
4.
Subs. for “ allowances”, ibid s.2
CHAPTER VIII
OFFENCES AND
PENALTIES
37. Offences.‑If any person‑
For the purpose of obtaining [a
benefit]1 or denial of any payment or [benefit]2, under this Act, whether for himself or some other person, or
for the ;purpose of avoiding any payment to be made by him or any other person under this Act.
(i) knowingly makes or causes to be
made false statement or false representation; or
(ii) produces or furnishes, or
cause, or knowingly allows to be produced or furnished, any document or
information which he knows to be false in any material particular ; or
(b) fails to pay any contribution
which under the Act he is liable to pay ; or
(c) recovers or attempts to recover
from an insured person, or deducts or attempts to deduct from his wages, the
whole or any part of the 3[ employer’s share of
contribution] ; or
(d) fails or refuses to submit any
return required by this Act, or regulations or makes a false return ; or
(e) obstructs any official of the
Institution in the discharge of his duties ; or
(f) is guilty of any contravention
of, or non‑compliance with, any of the provisions of this Act or the
rules or the rules or the regulations, he shall be punished with imprisonment
for a term which may extend to two years, or with fine which may extend to ten
thousand rupees, or with both.
38. Prosecution.‑ (1) No
prosecution under this Act shall be instituted except with the previous
sanction of the Federal Government or any office or authority [authorized]4 in this behalf by it.
(2) No court inferior to that of a
Magistrate of the first class shall try any offence under this Act.
(3) No court shall take cognizance
of any offence under this Act except on a complaint made in writing within six
months of the date on which the offence comes to the knowledge of the Federal
Government or any officer or authority referred to in sub‑section(1).
_____________________________________________________________________
1.
Subs, for” an allowance: by Ord.XVII of 1983 s.2
2.
Subs, for” allowance: by Ord.XVII of 1983 s. 2
3.
Subs. words “employer’s share of contribution” by Employees’ Old Age Benefits (Amendment) Ord. 2002.s.11.
4.
Chairman, EOBI authorized to sanction the Institution of prosecution
for offences committed under Act. No. SRO 398(1)/86 dated. 6/4/86 amended by
notification dated 6/7/86.
CHAPTER
IX
MISCELLANEOUS
39. Contributions Etc.‑ In any
proceedings of insolvency against a person or proceedings for winding up of a
company, any contribution or other amount payable under this Act by such person
or company shall be deemed to be included among debts to be paid in priority to
all other debts.
40. Exemption From Stamp Duty.‑
Stamp duty shall not be chargeable upon any documents used in connection with
[benefits]1 payable under this Act.
41. Exemption From Taxes.‑
Notwithstanding anything contained in any other law, the Federal Government
may, by order in writing, exempt the Institution from any tax, duty, or rate
livable by the Federal Government or by a local authority under the control of
the Federal Government.
42. Member and Servants of the
Institution to Be Public Servants.‑ The members and employees of the
Board and all officers and servants of the Institution shall be deemed to be
public servants within the meaning of section 21 of the Pakistan Penal Code
(Act XLV of 1860).
43. Delegation of Powers.‑ The
Board may direct that all or any of its powers and functions may, in relation
to such matters and subject to such conditions, if any, as may be specified, be
also exercisable by any officer or authority subordinate to the institution.
44. Power to Make Rules.‑(1)
The Federal Government may, subject to the condition of previous publication in
the official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely: ‑
(i) the tenure of office of members
of the Board, other than the [President]2, and
other terms and conditions of appointment of the members of the Board and the
manner in which the Board shall conduct its business, including the number of
members required to form a quorum at the meetings thereof ;
____________________________________________________________________
1.
Subs, for “allowance”: by Ord.XVII of 1983 s. 2
2.
Subs. word ‘President for words “Chairman” by Employees’ Old Age Benefits (Amendment) Ord. 2002.s.12.
(ii) the manner in which names of
persons from whom members of the Board may be appointed shall be submitted by
organizations of employers and employees recognized by the Federal Government
for the purpose ;
(iii) powers and functions of the
Board.
(iv)
fees and [benefits]1 of the members of
the Board ;
(v) times and rates at which, and
conditions subject to which, contributions shall be payable.
(vi) percentage or amount by which
contributions in arrears may be increased
under section 13 ;
(vii) investment of surplus moneys,
realization of investments and reinvestment of proceeds;
(viii) terms at which and the manner
in which the budget of the Institution shall be prepared and submitted to the
Federal Government.
(ix) the form and manner in which
the Institution shall keep accounts of its income and expenditure and of its assets and
liabilities ;
(x) the times at which, and the
manner in which, the accounts of the Institution shall be audited ;
(xi) the matters which the annual
report of Institution shall cover ;
(xii) the times in which claims for
[a benefit]2 shall be made ;
(xiii) the manner and procedure for
disposal of appeals by the Board ; and
(xiv) any other matter which is
required to be or may be prescribed.
_____________________________________________________________________
1. Subs, for “allowance”: by Ord.XVII of
1983 s. 2
2. Subs, for “an allowance”: by Ord.XVII of
1983 s.2
45. Power to Make Regulations.‑(1)
The Board may, subject to condition of previous publication, by notification in
the official Gazette, make regulations not inconsistent with the provisions of
this Act or the rules.
(2) In particular, and without
prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely: ‑
(i) the time and places at which
meetings of the Board shall held ;
(ii) the manner in which daily wages
shall be calculated for the purpose of determining the contribution payable ;
(iii) determination of wages for
computation of contributions where the mode of payment of remuneration, in cash
or kind, makes such computation difficult.
(iv) records to be kept and returns
to be submitted by employers, time at which and the form in which such returns
are to be submitted, and particulars relating to the insured persons to be
stated in such returns and the manner and from for registration of employers
and insured persons ;
(v) the manner in which any claim of
the Institution for unpaid contributions may be extinguished ;
(vi) powers and duties of internal
auditors.
(vii) [omitted.]1
(viii) the form and manner in which
claims for [a benefit]2 shall be preferred,
and the documents, information and evidence which shall accompany such claims ;
(ix) the manner in which and the
time and places at which payment in respect of [a benefit] shall be made ;
(x) the manner in which and the time
within which complaints, questions and disputes shall be decided ;
(xi) the circumstances and the
manner in which, on new facts coming to light, the Institution may review
decisions ;
_____________________________________________________________________
1.
Cl.(vii) omitted by Act I of 1986 s. 11(13)
2.
Subs, for “an allowance”: by Ord.XVII of 1983 s.2
(xii) the method of payment of
contributions and liability thereof ;
(xiii) the manner in which
invalidity shall be assessed and the procedure thereof ;
(xiv) the manner in which proof of
age shall be furnished for the purposes of this
Act ;
(xv) the manner in which the
services of the Institution shall be organized ; and
(xvi) any other matter not provided
for in this Act or the rules and necessary to give effect to the provisions of
this Act.
46. Power of Exempt.‑ The
Federal Government may, subject to such conditions as it thinks fit to impose,
by notification in the official Gazette, exempt any establishment or industry
from all or any of the provisions of this Act.
47. Act Not to Apply to Certain
Persons.‑ Nothing in this Act shall apply to- (a) persons in the service of the state, including members of the armed
forces, police force and railway servants
(b) persons in the service of the
local council, a municipal committee, a
cantonment board or any other local authority ;
(c) persons who are employed in
services or installations connected with or incidental to the Armed Forces of
Pakistan including an ordinance factory maintained by the Federal Government or Railway Administration ;
(d) persons in service of Water
& Power Development Authority ;
(e) persons in the service of a bank
or a banking company ;
(f) person in the service of
statutory bodies other than those employed in or in connection with the affairs
of a factory [as defined in]1 section 2 (j) of the
Factories Act, 1934 (XXV of 1934), [or a
mine as defined in the]2 Mines Act, 1923 (IV
of 1923) :
Provided that workshop maintained
exclusively for the purposes of repair or maintenance of equipment or vehicles
used in such statutory bodies shall not be treated as factories for the
purposes of this clause ;
_____________________________________________________________________
1.
Subs. for” registered under” , by Ord. XVII of 1983 s. 16= 1983 PLS 81.
2.
Sub. For “or the” ibid.
(g) members of the employer's
family, [that is to say, the husband or wife and the dependent children of the
employer]1 living in his house, in respect of
their work for him ; and
(h) [Omitted.]2
48. Repealed by Ord.
XXVII of1981,s.3 & 2nd Schedule.
1.
Words inserted, ibid.
2.
Cl. (h) omitted by Act I of 1986,
s. 11(14).
1[SCHEDULE]
(See sections 22 & 23)
(1) The monthly rate of
old‑age pension or invalidity pension payable to an insured person shall
be calculated in accordance with the following formula, namely :‑
Average monthly wages x Number of years of insurable employment
__________________________________________
50
A period of six months
of more on insurable employment shall be treated as one full year. No account
shall be taken of any period of insurable employment completed by the insured
person after becoming entitled to old‑age pension.
(2)The average monthly
wages of an insured person, referred to in paragraph (1) shall be calculated on
the twelve calendar months immediately preceding the date on which the insured
person fulfills the conditions specified in section 23 as the case may be:
Provided that the old‑age
pension or invalidity pension payable to an insured person shall not be less
than [seven hundreds]2 rupees per month for pension commencing on or
after the first day of [ November 2001]3.
4[ * * * *]
_________________________________________________________________
1.
Schedule subs for original schedule ibid, s. 11(15)
2.
Substituted for words “six hundred and thirty “by Ord. No 1 of 2002,s.2(a)
3.
Substituted for words “January 2001 “by Ord. No 1 of 2002, s.2 (b)
4. Paragraph 3 and table omitted, ibid.
Employees’ Old-Age Benefits
(Registration of Employers and Insured Persons) Rules, 1976
Employees’ Old-Age Benefits (Contributions)
Rules, 1976
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