Updated: Sunday June 12, 2011/AlAhad
Rajab 11, 1432/Ravivara
Jyaistha 22, 1933, at 09:39:39 AM
The Provincial Employees’ Social Security Ordinance, 1965
(W.P.
Ord. X of 1965)
C O N T E N T S
Sections
CHAPTER I
PRELIMINARY
1. Short
title, extent, commencement and application.
2. Definitions.
CHAPTER
II
ORGANISATION
3. Establishment and incorporation of Employees’ Social Security
Institution.
4. Management.
5. Governing
Body.
6. Powers
and functions of the Governing Body.
7. Meetings
of the Governing Body.
8. Authentication
of orders, etc.
9. Supersession
of the Governing Body.
10. Fees
and allowances.
11. Resignation.
12. Disqualifications.
13. Filling
of casual vacancies.
14. Head
Office.
15. Medical
Advisor.
16. Duties
of Medical Advisor.
17. Medical
practitioners and Medical Boards.
18. Commissioner
and Vice-Commissioner.
19. Officers
and staff of the Institution.
CHAPTER
III
CONTRIBUTIONS
20. Amount
and payment of contributions.
21. Records
and returns by employees.
22. Officials
of Institution to check employer’s books.
23. Increase
of unpaid contributions and recovery of contributions, etc., as arrears of land
revenue.
24. Safeguard
of secured persons’ rights in default of payment of contributions by employer.
25. Return
of contributions paid erroneously.
26. Increase
of contributions where safety rules not observed.
27. Extinguishment
of claims to contributions.
CHAPTER
IV
FINANCE
AND AUDIT
28. Employees’ Social
Security Fund.
29. Security reserves.
30. Investments and loans.
31. Budget.
32. Accounts and Audit.
33. Annual Reports.
34. Valuation of assets and
liabilities.
CHAPTER
V
BENEFITS
35. Sickness
benefit.
36. Maternity
benefit.
37. Death
grant.
38. Medical
care during sickness and maternity.
38-A. Medical
care of dependents, etc.
39. Injury
benefits.
40. Disablement
pension.
41. Disablement
gratuity.
42. Survivor’s
Pension.
43. Death
grant in case of death while in receipt of injury benefit or total disablement
pension.
44. Medical
care in the case of employment injury.
45. Extent
of medical care.
46. Manner
of providing medical care.
47. Institution’s
power to promote measures for health, welfare etc. of secured persons.
48. Manner
of claiming benefit.
49. Benefit
not assignable or attachable.
50. Exemption
from stamp duty.
51. Non-duplication
of benefits.
52. Repayment
of benefit improperly received.
53. Institution’s
right to recover damages from employer in certain cases.
54. Institution’s
right to be indemnified in certain cases.
54-A. Extent
of benefits, etc.
55. Recovery
of amounts due.
CHAPTER
V-A
MEDICAL
TREATMENT OF
DOMESTIC SERVANTS
55-A. Medical treatment of
domestic servants.
CHAPTER
VI
DETERMINATION
OF
QUESTIONS AND CLAIMS
56. Assessment
of disablement.
57. Decisions
on complaints, questions and disputes.
58. Review
on account of new facts.
59. Appeal
to
60. Constitution
of
61. Jurisdiction
of Social Security Courts.
62. Powers
of
63. Appearance
by legal practitioners.
64. Appeal.
65. Stay
of payment pending appeals.
CHAPTER
VII
OFFENCES
AND PENALTIES
66. Offences.
67. Prosecution.
CHAPTER
VIII
MISCELLANEOUS
68. Contributions,
etc., to have priority over other debts.
69. Exemption
from taxes.
70. Levy
of special tax.
71. Review
and modification of wage limits, contribution and benefits.
72. Employers
not to dismiss or punish employee during the period of sickness, etc.
73. Bar
on benefits under other law.
74. Suit
for damages in a
75. Members
and servants of the Institution to be public servants.
76. Removal
of difficulties.
77. Delegation
of powers.
78. Protection
of proceedings of the Governing Body.
79. Power
to make rules.
80. Power
to make regulations.
81. Supersession
of certain laws, etc.
82. Repeal.
[1][1]The [2][2][Provincial] Employees’ Social Security Ordinance, 1965
(W.P. Ordinance X of 1965)
[17 May 1965]
An
Ordinance to introduce a scheme of Social Security for providing benefits to
certain employees or their dependents in the event of sickness, maternity,
employment, injury or death and for matters ancillary thereto
Preamble.— WHEREAS it is expedient to introduce a
scheme of Social Security for providing benefits to certain employees or their
dependents in the event of sickness, maternity, employment, injury or death,
and for matters ancillary thereto;
AND
WHEREAS the Provincial Assembly of West Pakistan is not in session and the
Governor of West Pakistan is satisfied that circumstances exist which render
immediate legislation necessary;
Now,
THEREFORE, in exercise of the powers conferred on him by clause (1) of Article
79 of the Constitution, the Governor of West Pakistan is pleased to make and
promulgate the following Ordinance:-
CHAPTER
I
PRELIMINARY
1. Short title, extent, commencement and
application.— (1) This
Ordinance may be called the [3][3][Provincial] Employees’ Social Security
Ordinance, 1965.
(2) It extends to the whole of [4][4][
(3) It shall come into force at once, but
shall apply only to such areas, classes of persons, industries or
establishments, from such date or dates, and with regard to the provision of
such benefits as Government may, by notification, specify in this behalf.
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby respectively
assigned to them, that is to say—
(1) “appointed
day” means in relation to any area, class of persons, industries,
establishments or benefits, the day on which this Ordinance is applied to such
area or in respect of such class of persons, industries, establishments or
benefits;
(2) “Chairman”
means the Chairman of the Governing Body;
(3) “Commissioner” means the Commissioner of the
institution;
(4) “confinement”
means labour resulting in the issue of a living child, or labour after
twenty-six weeks of pregnancy resulting in the issue of a child, whether alive
or dead;
(5) “contribution” means the sum of money payable
to the institution by an employer in respect of an employee, [5][5][* * *] in accordance with the provisions of this
Ordinance;
(6) “dependent”
means the wife or wives or a needy invalid husband [6][6][, dependent parents] and any unmarried
children under the age of [7][7][twenty-one] years dependent upon the secured
person [8][8][:]
[9][9][Provided that such age limit shall not apply
to unmarried dependent daughters;]
(7) “disablement”
means a condition caused by an employment injury which, as certified by a
medical practitioner authorised for the purpose as provided in the regulations,
has permanently reduced or is likely to reduce permanently a secured person’s
earning capacity, and disablement shall be “minor” where the loss of earning
capacity [10][10][is less than twenty per centum], “partial”
where the loss of earning capacity ranges from twenty-one per centum to
sixty-six per centum, and “total” where the loss of earning capacity is in
excess of sixty-six per centum;
[11][11][(7-a) “domestic servant” means any person working
whole-time in connection with the work of any household for any consideration,
whether in cash or in kind];
[12][12][(8) “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, expressed or implied but does not include—;]
(a) persons
in the service of the State, including members of the Armed Forces, Police
Force and Railway servants;
(b) persons
employed in any undertaking under the control of any Defence Organization or
Railway Administration;
(c) persons in the service of
a local council, a municipal committee, a cantonment board or any other local
authority;
(d) any person in the service
of his father, mother, wife, son or daughter, or of her husband;
(e) [13][13][* * * * *
* * * * * *]
(f) any person employed on
wages exceeding [14][14][five thousand] rupees per mensem[15][15][:]
[16][16][Provided that an employee shall not cease to
be an employee for the reason that his monthly wages exceed [17][17] [five thousand] rupees];
(9) “employer” means in the case of works executed or undertakings
carried on by any contractor or licensee on behalf of the State, the contractor
or licensee working for the State, and in every other case the owner of the
industry, business, undertaking or establishment in which an employee works and
includes any agent, manager or representative of the owner;
(10) “employment injury” means a personal injury to
a secured 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;
(11) “establishment” means an organisation, whether industrial,
commercial, agricultural or otherwise;
(12) “Fund” means the Employees’ Social Security Fund set up under
section 3;
(13) “Governing Body” means
the Governing Body of the institution;
(14) “Government” means the [18][18][Federal or a] [19][19][Provincial Government];
(15) “industry” means any business, trade, undertaking, manufacture or
calling of employers, and includes any calling, service, employment,
handicraft, industrial occupation or avocation of workmen;
(16) “Institution” means the Employees’ Social Security institution
established under section 3;
(17) “Medical Advisor” means the Medical Advisor appointed under section
15;
(18) “medical board” means a board consisting of two or more medical
practitioners, appointed under section 17;
(19) “medical practitioner” means a person
practising medicine and having such qualifications as may be provided in the
regulations;
(20) “Member” means a member of the Governing Body;
(21) “prescribed” means prescribed by rules;
(22) “registered Trade Union” means a Trade Union
registered under the Trade Unions Act, 1926 (XVI of 1926);
(23) “regulations” means regulations made under
this Ordinance;
(24) “rules” means rules made under this Ordinance;
(25) “secured person” means a person in respect of whom contributions
are or were payable under this Ordinance;
[20][20] [(25a) “Self-Assessment Scheme” means a
scheme of social security benefits, effective from the Ist July, 2001, with no
intervention through checking by any staff member of the Institution, in
respect of employees secured under this Ordinance [21][21] [ * * * * ] and the employer undertakes to
pay a contribution in respect of them [22][22][at the fixed rate of two hundred ten rupees]
per month per secured employee;]
(26) “sickness” means a condition which requires medical treatment or
necessitates abstention from work on medical grounds;
(27) “Social Security Area” means an area to which this Ordinance has
been applied;
(28) “
(29) “strike” and “lock-out” shall have the same meaning as is respectively
assigned to them in the Industrial Disputes Ordinance, 1959 (LVI of 1959);
(30) “wages” means remuneration for service paid or payable in cash or
in kind to a secured person, not being less than remuneration based on the
minimum rates of wage 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, expressed or implied, and shall be
deemed to include any dearness allowance or other addition in respect of the
cost of living and any payment by the employer to a secured person in respect
of any period of authorised leave, illegal lock-out or legal strike; but does
not include—
(a) any payment for overtime;
or
(b) any
sum paid to the person employed to defray special expenses entailed by the
nature of his employment; or
(c) any gratuity payable on
discharge; or
(d) any sum paid as bonus by
the employer;
(31) “week” means a period of seven days commencing at midnight of
Sunday night.
CHAPTER
II
ORGANISATION
3. Establishment
and incorporation of Employees’ Social Security Institution.— (1) As soon as may be
after the commencement of this Ordinance, Government shall establish by
notification an institution to be called the Employees’ Social Security
Institution.
(2) The
Institution shall be a body corporate having perpetual succession and a common
seal, with power, subject to the provisions of this Ordinance, to acquire, hold
and dispose of property, both movable and immovable, and shall by the aforesaid
name sue and be sued.
(3) The institution shall have its own fund,
to be called the Employees’ Social Security Fund, and may incur out of the said
Fund such expenditure as may be necessary.
4. Management.— (1) The general direction and superintendence
of the affairs of the institution shall vest in a Governing Body which, with
the assistance of a Commissioner, may 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 Government, which shall be the sole judge
as to whether any instructions are on a question of policy or not.
5. Governing Body.— (1) The Governing Body shall consist of the
following members to be appointed by Government, by notification, namely:-
[23][23][(a) the Minister-in-charge of the Labour
Department, Government of the Punjab, a person who is or has been a Judge of
the High Court, a senior officer in the service of Pakistan not below the rank
of a Commissioner of a Division or Secretary to Government, and such person
shall be the Chairman of the Governing Body];
(b) four
persons to represent Government, one each respectively from the departments of
Labour, Industries, Health and Finance;
(c) three persons to represent
employers;
(d) three persons to represent
secured persons;
(e) [24][24][the Commissioner and the Medical Adviser, ex-officio].
(2) Members to be appointed under clause (c) or clause (d) of sub-section (1) shall respectively be chosen from a list of
names submitted in the prescribed manner by the organisations of employers and
employees recognised by 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 Government may deem suitable.
(3) Subject to the other provisions of this
Ordinance a member shall hold office for three years from the date on which his
appointment is notified under sub-section (1).
6. Powers and functions of the Governing
Body.— In addition to the
powers conferred on, and the functions entrusted to it by the other provisions
of this Ordinance or by the rules, the Governing Body shall have powers—
(a) to
approve the budget estimates, the audited accounts and the annual report of the
Institution for submission to Government in accordance with the provisions of
this Ordinance; and
(b) to call for any information, or direct any
research to be made for the furtherance of the objects of this Ordinance.
7. Meetings of the Governing Body.— (1) The meetings of the Governing Body shall
be held at such times and at such places as may be provided by regulations, and
until regulations are made in this behalf, such meetings shall be convened by
the Chairman.
(2) To constitute a quorum at a meeting of
the Governing Body, the number of members present shall be five.
(3) Each member shall have one vote, and, in
the event of equality of votes, the Chairman shall have second or casting vote.
(4) The
meetings of the Governing Body shall be presided over by the Chairman, and in
the absence of the Chairman, by the person elected for the purpose by the
members present from amongst themselves.
8. Authentication of orders, etc.— All orders and decisions of the Governing
Body shall be authenticated by the signature of the Chairman or of such other
member as may have been authorised by the Governing Body in writing for the
purpose.
9. Supersession
of the Governing Body.— (1) If, in the opinion of Government, the Governing Body
has persistently failed to perform the duties imposed upon it by or under this
Ordinance, or has abused its powers, Government may, by notification, supersede
the Governing Body:
Provided
that before such supersession, Government shall give the Governing Body a
reasonable opportunity to show why it should not be superseded, and shall
consider any explanation or objection which it submits.
(2) Upon the publication of a notification
under subsection (1), the person holding office as Chairman and members shall
cease to hold such office.
(3) Immediately upon the supersession of a
Governing Body, Government shall constitute another Governing Body by
appointing new members in accordance with the provisions of section 5.
10. Fees and allowances.— Members shall receive such fees and
allowances as may be prescribed.
11. Resignation.— A member, other than [25][25][an] ex-officio
member, may resign his office by notice in writing to Government, and his seat
shall fall vacant on the acceptance of the resignation.
12. Disqualifications.— (1) No person shall be or shall continue to
be member, if he—
(a) has
been convicted of an offence involving moral turpitude; or
(b) is declared to be of unsound mind by a
competent Court; or
(c) is an undischarged
insolvent; or
(d) [26][26][* * * * *
* * * * * *];
[27][27][(e) is a member of the staff of the Institution
other than the Commissioner and the Medical Adviser];
(f) has any direct or indirect
interest in a contract with, or in any work being done for, the Institution,
except as a shareholder (not being a Director) of a company; or
(g) owes to the Institution contributions to the
extent specified in the regulations; or
(h) has lost the capacity by virtue of which he
was appointed as a member; or
(i) has failed to attend more
than one-third of the number of meetings of the Governing Body held during any
year.
(2) Government may, by order in writing,
remove the Chairman or a member, if he—
(a) refuses or fails to discharge or becomes, in
the opinion of Government, incapable of discharging his responsibilities under
this Ordinance; or
(b) has, in the opinion of Government, abused his
position as a member; or
(c) has absented himself from
three consecutive meetings of the Governing Body without the leave of
Government in the case of the Chairman, or of the Chairman in the case of a
member:
Provided
that before such removal, Government shall give the Chairman or the member, as
the case may be, a reasonable opportunity of showing cause as to why he should
not be removed, and shall consider any explanation or objection which he
submits.
13. Filling of casual vacancies.— A member appointed to fill a vacancy other
than a full-term vacancy, shall hold office for only so long as the member in
whose place he is appointed would have been entitled to hold office if the
vacancy had not occurred.
14. Head Office.— The head Office of the Institution shall be
at
15. Medical Advisor.— As soon as may be, Government shall appoint
a Medical Advisor having the prescribed qualifications.
16. Duties of Medical Advisor.— The Medical Advisor shall—
(a) advise the Governing Body on matters relating
to the administration of medical care and the prevention and treatment of
diseases among secured persons;
(b) perform such other duties in connection with
medical care as may be specified in the regulations.
17. Medical practitioners and Medical Boards.— (1) The Institution shall appoint Medical
Practitioners and Medical Boards in such Social Security areas and in such
manner as may be provided by regulations.
(2) The powers and functions of Medical
Practitioners and Medical Boards, and the fees and allowances to be paid to
such practitioners or the members of such boards, shall be such as may be
provided by regulations.
18. Commissioner and Vice-Commissioner.— (1) There shall be a Commissioner and a
Vice-Commissioner of the Institution both to be appointed by Government.
(2) The Commissioner shall—
(a) be the chief executive of the Institution and
shall act as Secretary to the Governing Body;
(b) be responsible to the Governing Body in
respect of all matters relating to the structure, administration and personnel
of the Institution; and
(c) have such powers regarding appointment,
transfer, promotion, dismissal and other matters affecting the staff of the
Institution as are provided for by regulations.
(3) The
Vice-Commissioner shall perform the duties of the Commissioner when the latter
is absent or prevented from acting, and the Commissioner may assign to the
Vice-Commissioner the responsibility for the direction of certain services or
delegate to him any of his own powers under this Ordinance, the rules and the
regulations.
19. Officers and staff of the Institution.— The Governing Body may employ such officers
and staff for the administration of the affairs of the Institution as the
regulations may provide.
CHAPTER
III
CONTRIBUTIONS
20. Amount and payment of contributions.— (1) Subject to the other provisions of this
Chapter, the employer shall, in respect of every employee, whether
employed by him directly or through any
other person pay to the Institution a contribution at such times, at such rate
and subject to such conditions as may be prescribed[28][28][:]
[29][29][Provided that no contribution shall be
payable on so much of an employee’s wages as is in excess of [30][30][two hundred rupees per day or five thousand
rupees per month.]]
(2) [31][31][* * * * *
* * * * * * *]
[32][32][(3) The
employer shall not be entitled, to deduct [33][33][his own share of contribution] from the
employee’s wages or otherwise to recover from him any portion of the
contribution, notwithstanding any agreement to the contrary].
(4) [34][34][* * * * *
* * * * * * *]
(5) For the purpose of determining the
amount of the contribution payable, daily wages shall be calculated in such
manner as may be provided by regulations.
(6) 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 Commissioner may, subject
to regulations and in consultation with the representatives of employers and
employees, determine such wages.
(7) Any sum deducted from another employee’s
wages by the employer under this Ordinance shall be deemed to have been
entrusted to him for the purpose of paying the employee’s contribution in
respect of which it was deducted.
(8) In the case of construction work the
owner of the building shall guarantee the payment of contributions by the
contractors.
(9) In the
case of works executed or undertakings carried on behalf of the State by a
contractor or licensee, the competent public authority shall, before final
settlement of the claims of the contractor or licensee arising out of the
contract, require the production of a certificate from the Institution showing
that the necessary contributions have been paid, and in default of such
certificate it shall deduct from the amount otherwise payable in settlement of
such claim, the appropriate amount of the contributions payable, and pay such
amount direct to the Institution.
[35][35][20A. Self-Assessment
Scheme.— (1) Notwithstanding
anything contained in this Ordinance, an employer who opts for the
self-assessment scheme shall be liable to pay to the Institution a contribution
[36][36][of two hundred ten rupees] per month per
secured employee.
(2) The liability of an employer to pay
contribution under the self-assessment scheme shall be in respect of those
employees who were secured under this Ordinance on the 30th June,
2001.
(3) Every employee secured under this
Ordinance in respect of whom the employer pays contribution shall be liable to
pay through the employer an amount of twenty rupees per month as his share to
the Institution.]
21. Records and returns by employees.— 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 the regulations.
22. 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 21 or
for the purpose of ascertaining whether any of the provisions of this Ordinance
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
incharge 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 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 a secured person.
(2) The official referred to in sub-section
(1), 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 matters
provided for in this Ordinance.
(3) If an employer fails to maintain records
or to submit returns as required by 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 secured 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.
[37][37][(4) No staff member of the Institution shall
visit the premises of any establishment, opting for the Self-Assessment Scheme
under section 20A, for the purpose of checking of employer’s books, record,
etc., during the period [38][38][of two years].]
[39][39][(5) The number of annual inspections in
respect of those establishments which do not opt for self-assessment scheme
shall be restricted to only one which shall be notified to the establishments
in advance and shall, at the maximum, be restricted to last two years.]
23. Increase of unpaid contributions and
recovery of contributions, etc., as arrears of land revenue.— (1) If any employer fails to pay, on the due
date, the contributions payable by him under sub-section (1) of section 20, 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 centum of the amount due:
Provided further that no part of such increase shall be
payable by, or the liability to pay the same be passed on by the employer to
his employees.
(2) Without prejudice to any other remedy,
the amount of the contributions due, together with the increase provided for
under sub-section (1), may be recovered as arrears of land-revenue.
24. Safeguard of
secured persons’ rights in default of payment of contributions by employer.— In the event of default
in payment of contributions by the employer in respect of a secured person,
such secured person shall, unless he has connived at such default, have and
enjoy the same rights under this Ordinance as if no such default had occurred.
25. Return of contributions paid erroneously.— [40][40][An] employer shall be entitled to the refund
to any contribution paid to the institution under the erroneous belief that it
was payable [41][41][* * *] under the provisions of this
Ordinance, and shall be entitled to the refund of the excess amount of the
contribution where such contribution had been paid at a higher rate than the
rate prescribed:
Provided
that where a contribution was paid under the erroneous belief that a person was
a secured person, any sum paid to such person or his dependents by way of
benefits shall, in so far as possible, be deducted from the amount of such
refund:
Provided further that no contribution or excess amount of
any contribution shall be refunded unless an application for such refund is
made within six months of the date on which the contribution was paid.
26. Increase of contributions where safety rules
not observed.— If an
employer fails to observe rules of safety or hygiene prescribed by or under any
enactment applicable to his establishment, the Commissioner may, subject to
rules, by order in writing, increase the employer’s rate of contribution
provided that such increase shall not exceed twenty per centum of the
contribution otherwise payable.
27. Extinguishment of claims to contributions.— Any claim of the Institution for unpaid
contributions shall be extinguished in the manner provided in the regulations.
CHAPTER
IV
FINANCE
AND AUDIT
28. Employees’ Social Security Fund.— (1) All contributions paid under this
Ordinance, and all other moneys received by or on behalf of the Institution
shall be paid into the Fund, which shall be held and administered by the
Institution for the purposes of this Ordinance.
(2) The Institution may accept grants,
donations and gifts from any Government or from a local authority or other body
for all or any of the purposes of this Ordinance.
(3) All moneys accruing or payable to the
Fund shall be paid into such scheduled bank as may be approved by the Governing
Body, or to any office of the Institution.
(4) The Institution shall maintain separate
accounts for administrative expenses, and for such branches of social security
and such other purposes as may be prescribed.
29. Security reserves.— The Institution shall establish and maintain
reserves in connection with the branches of social security prescribed in
accordance with sub-section (4) of section 28 at such times, upto such amounts,
and in such manner as may be prescribed.
30. Investments and loans.— (1) Subject to rules, the Institution may,
from time to time, invest any moneys which are not immediately required for
payments under this Ordinance, and may reinvest or realise such investments.
(2) The Institution may, with the previous
sanction of Government and on such terms as it may specify raise loans and take
measures for discharging such loans.
31. Budget.— (1) The Institution
shall, before such date and in such manner as may be prescribed, draw up
estimates for the ensuing year of—
(a) the administrative expenses of the
Institution;
(b) the expenditure to be incurred under each of
the branches of social security and other purposes for which separate accounts
are prescribed in accordance with sub-section (4) of section 28; and
(c) the income of the Institution from
contributions, the special tax payable under section 70, and other sources, if
any.
(2) The Institution shall allocate the
estimated income from the special tax towards meeting capital expenditure in
accordance with sub-section (3) of section 70, and after allocating sufficient
of the estimated income from contributions and other sources, if any, to cover
the estimated administrative expenses, shall allocate the remainder of such
estimated income among the branches of social security and other purposes
referred to in clause (b) of
sub-section (1).
(3) Such estimates and allocations shall,
before such date as may be prescribed be submitted to Government and, when
approved by it, shall constitute the budget of the Institution for the ensuing
year.
(4) If Government has not approved such
estimates and allocations, with or without amendments, within thirty days of
their submission or before the commencement of the financial year to which such
estimates relate, whichever is the later, its approval shall be deemed to have
been given and the estimates and allocations as submitted shall constitute the
budget of the Institution for the financial year to which they relate.
(5) If it appears that expenditure under any
budget head is likely to exceed the budget provision under such head, the
Governing Body may increase such budget provision by transferring thereto from
any other budget head, any amounts not required or not expected to be required
or not under such head:
Provided
that no such transfer shall be made to the budget heads for either
administrative expenses or the provision of medical care without the prior
approval of Government.
(6) If,
notwithstanding the application of the provisions of sub-section (5), it
appears that expenditure under any budget head is likely to exceed the
corresponding budget provision, or that income under any budget head is likely
to fall short of the corresponding budget provision, the expected excess or
deficiency, as the case may be, shall be reported to Government, who shall take
such action, if any, as may seem appropriate:
Provided
that no payment to which a claimant is entitled under this Ordinance shall be
withheld pending such action.
32. Accounts and Audit.— (1) The Institution shall maintain accounts
of its income and expenditure and of its assets and liabilities in such form
and manner as may be prescribed.
(2) The
Institution shall appoint an internal auditor who shall perform such duties and
exercise such powers as may be provided by regulations.
(3) The accounts of the Institution shall be
audited by an external auditor appointed by Government, at such times and in
such manner as may be prescribed.
(4) The external auditor shall have access
to the books, accounts and other documents of the Institution at all reasonable
times, and may call for such explanations and information as he may require, or
examine any officer of the Institution.
(5) The external auditor shall forward his
report to Government together with an audited copy of the accounts of the
Institution.
33. Annual Reports.— (1) The Institution shall, within six months
after the closing of a financial year, submit to Government an annual report of
its work and activities during that financial year, and such report shall cover
such matters as may be prescribed.
(2) The annual report, together with the
audited accounts of the Institution, shall be published and copies thereof
shall be made available for sale to the public.
34. Valuation of assets and liabilities.— The Institution shall, at intervals of not
more than five years, have an actuarial valuation made of its assets and
liabilities:
Provided
that Government may direct a valuation to be made at such other times as it may
consider necessary.
CHAPTER
V
BENEFITS
35. Sickness
benefit.—
(1) A secured person who is certified, by a medical practitioner authorised by
the Institution in the manner provided in the regulations to give such a certificate,
to be incapable of attending to his work on account of sickness shall, subject
to regulations, be entitled to receive sickness benefit at such rate as may be
fixed by Government by notification, in consultation with the Institution, if
during the six calendar months immediately preceding the date on which his
incapacity or work was so certified, contributions in respect of him were paid
or payable for not less than ninety days.
[42][42][(2) A secured person shall be entitled to
receive sickness benefits throughout the period of sickness:
Provided that during a continuous period of three hundred
and sixty-five days such benefit shall not be allowed for a period exceeding—
[43][43][(a) three hundred and sixty-five days, in case he
has been suffering from Tuberculosis or Cancer which render an employee
incapable to earn his livelihood]; and
(b) one hundred and twenty-one
days, in case he has been suffering from any other disease:
Provided
further that he shall not be entitled to receive such benefit for the first two
days of his sickness if such sickness does not, within fifteen days, follow the
previous period of sickness for which he received or was entitled to receive
such benefit.]
36. Maternity benefit.— A secured woman shall, subject to regulations
be entitled to receive maternity benefit at such rate as may be fixed by
Government by notification, in consultation with the Institution, if
contributions in respect of her were paid or payable for not less than one
hundred and eighty days during the twelve calendar months immediately preceding
the expected date of her confinement as certified by a medical practitioner
authorised by the Institution in the manner provided in the regulations to give
such a certificate, and such benefit shall be paid for all days on which she
does not work for remuneration during a period of twelve weeks, of which not
more than six weeks shall precede the expected date of confinement.
37. Death grant.— [44][44][(1)] On the death of secured person receiving or
entitled to receive injury benefit, sickness or medical care at the time of his
death, the surviving widows or needy widower, or if there be no surviving
widow, widows or needy widower, the person who provided for the funeral, shall,
subject to regulations, be entitled to a death grant equal to the daily rate of
sickness benefit multiplied by thirty, but in no case less than [45][45][one thousand and five hundred] rupees.
[46][46][(2) Where
husband of a secured woman dies, she shall, subject to regulations, be entitled
to receive iddat benefit equal to the
daily rate of her wages during the period of her iddat:
Provided
that a secured woman being a seasonal employee shall be entitled to receive iddat benefit in the same manner and to
the same extent notwithstanding termination of seasonal employment during the
period of iddat:
Provided
further that no employer shall refuse leave for the period of iddat and such leave shall not be
accounted towards leave provided under any other law for the time being in
force.]
38. Medical care during sickness and maternity.— [47][47][(1) A secured person and his dependents
shall be entitled to medical care in the manner and to the extent provided in
the regulations.]
(2) A secured woman shall subject to
regulations, be entitled to prenatal confinement and post-natal medical care,
if she is entitled to maternity benefit under section 36 or if, during six
calendar months immediately preceding her claim, contributions in respect of
her were paid or payable for not less than ninety days.
[48][48][38-A. Medical care of dependents, etc.— Where a secured person dies other than due
to any employment injury, his dependents shall, subject to regulations, be
entitled to medical care for one year from the date of death of the secured
person:
Provided
that the deceased secured person had been in continuous employment of an
establishment for not less than twelve months immediately preceding his death:
Provided
further that where the deceased secured person was a seasonal employee, his
dependents shall be entitled to medical care for six months from the date of
death of such secured person:
Provided
also that the deceased had been in employment of an establishment for not less
than six months during two continuous seasons immediately preceding his death.]
39. Injury benefits.— A secured person shall,
subject to regulations, be entitled to receive injury benefit at such rate as
may be fixed by Government by notification, in consultation with the
Institution, in respect of any day
[49][49][* * *] including the day on which, as a result of
an employment injury, he is certified by a medical practitioner authorised by
the Institution in the manner provided in the regulations to give such a
certificate to be incapable of work, but for not more than one hundred and
eighty days.
40. Disablement
pension.—
(1) A secured person who sustains total or partial disablement shall, subject
to regulations, be entitled, upon the expiration of his entitlement to injury
benefit, to receive disablement pension, according to the degree of disablement
determined from time to time, at such rates for different degrees of
disablement as may be fixed by Government by notification, in consultation with
the Institution.
(2) Disablement pension shall terminate with
the death of the recipient or when disablement ceases, or ceases to be total or
partial disablement:
Provided
that if a disablement pension has been paid for five years it shall be payable
for life.
41. Disablement
gratuity.— (1) A secured person who sustains minor disablement shall, subject to
regulations, be entitled to a disablement gratuity at such rates for different
degrees of disablement as may be fixed by Government by notification, in
consultation with the Institution.
(2) Where a person receiving disablement
pension ceases to suffer from total or partial disablement but continues to
suffer from minor disablement he shall, on the termination of his disablement
pension, be entitled to disablement gratuity under this section.
42. Survivor’s
Pension.—
(1) Where a secured person dies as a result of an employment injury, a
survivor’s pension shall, subject to regulations, be payable to each of his
dependents as follows, that is to say—
(a) to the widow, widows, or needy widower, during
life, at a rate equal to three-fifths of the rate of total disablement pension
to which the secured person was, or would have been entitled, and where there
are two or more widows, the pension shall be divided equally between them;
(b) to each dependent child, at a rate equal to
one-fifth of the rate of such total disablement pension:
Provided
that if the child is a full orphan, the rate shall be two-fifths of the rate of
the total disablement pension:
Provided
further that if and so long as the total of the survivor’s pensions would
otherwise exceed the rate of such total disablement pension, the pension of
each of the survivors shall be reduced proportionately so that the total
pensions payable to them does not exceed the rate of the said total disablement
pension.
(2) In case
the deceased person does not leave a widow, or needy widower, a survivor’s
pension shall be payable for life to a dependent father, if he be alive, and if
he be not alive, to a dependent mother, if she be alive, at a rate equal to
one-fifth of the rate of the total disablement pension to which the secured
person was or would have been entitled.
[50][50][(2-A) In
case the deceased person does not leave a dependent, a survivor’s pension shall
be payable for life to a dependent father if he be alive, and if he be not
alive, to a dependent mother, if she be alive and if she be not alive, to
dependent brothers and sisters in equal shares, at a rate equal to one half of
the rate of total disablement pension to which the secured person was or would
have been entitled.]
(3) Survivor’s pension shall be payable upon
the death of the secured person and shall terminate—
(a) upon
the death of the survivor; or
(b) where
the survivor is a widow, upon her remarriage; or
[51][51][(c) where the survivor is a dependant child—
(i) on
attaining the age of nineteen years, in case of a female child; and
(ii) Twenty-one
years, in case of a male child],
and in any such case the pensions of the
remaining survivors shall, if necessary, be adjusted within the maximum laid
down in the second proviso to sub-section (1).
43. Death grant
in case of death while in receipt of injury benefit or total disablement
pension.—
Where a secured person dies while he is in receipt of injury benefit or of a
total disablement pension the widow, widows or needy widowers, or, if there is
no widow or needy widower, the person who provided for the funeral, shall,
subject to regulations, be entitled to a death grant equal to the daily rate of
the injury benefit or of the total disablement pension, as the case may be,
multiplied by thirty, but in no case less than [52][52][one thousand and five hundred] rupees.
44. Medical care in the case of employment
injury.— (1) When medical
care is required as a result of an employment injury—
(a) no conditions as regards payment of
contributions shall apply; [53][53][and]
(b) it shall include dental care in addition to
the services referred to in section 45; [54][54][* * *]
(c) [55][55][* * * * *
* * * * * * *]
(2) A person in receipt of injury benefit,
disablement pension for loss of earning capacity not less than fifty per centum
of a survivor’s pension shall be entitled to medical care for so long as the
injury benefit, disablement pension or survivor’s pension, as the case may be,
continues, and, in the case of a disablement pension being received by the secured
person, for six months after the termination of the pension.
45. Extent of medical care.— (1) Medical care shall include—
(a) general practitioner care, including
domiciliar visiting;
(b) specialist care in hospitals for in-patients
and out-patients and such specialist care as may be available outside
hospitals;
(c) essential pharmaceutical supplies as
prescribed by a medical practitioner;
(d) hospitalisation where necessary, including
cases of pregnancy and confinement;
(e) pre-natal confinement and post-natal care,
either by medical practitioners or by qualified midwives.
(2) [56][56][* * * * *
* * * * * * *]
46. Manner of providing medical care.— (1) Regulations shall specify the manner in
which medical care shall be provided.
(2) The Institution may, with the approval
of Government, establish and maintain such hospitals, dispensaries and other
facilities as it finds necessary for providing medical care in pursuance of the
provisions of this Ordinance.
(3) The Institution may buy or import and dispense
pharmaceutical supplies direct to the beneficiaries.
(4) The Institution may enter into
agreements with Government, any local authority, private body or individual in
regard to the provision of medical care to persons entitled to it under this
Ordinance.
(5) The
Institution may enter into an agreement with an employer who maintains a
hospital or dispensary or any other medical facility for the benefit of his
employees for the utilisaiton of such hospital, dispensary or facility for the
purposes of the Institution and such agreement may, among other things, specify
the persons to whom medical care shall be provided, the type of benefit to be
made available, the minimum level of such benefit, the conditions under which
such benefit shall be provided, the extent of supervision which the Institution
may exercise over the hospital, dispensary or other medical facility, the
submission of reports to the Institution by the employer, and the extent and
manner of re-imbursement to the employer.
47. Institution’s
power to promote measures for health, welfare etc. of secured persons.— The Institution may, in
addition to the benefits specified in this Ordinance, undertake other measures
for improving the health and welfare of secured persons and for the rehabilitation
and settlement of such secured persons as may have been disabled or injured,
and may for that purpose incur expenditure from the Fund.
48. Manner of claiming benefit.— (1) All claims for benefits under this
Ordinance shall be made within such times as may be prescribed, and in such
form and manner, and shall be accompanied by such documents, information and
evidence as to entitlement as may be provided in the regulations.
(2) Payment in respect of benefits shall be
made in such manner, and at such times and places as may be provided in the
regulations.
49. Benefit not assignable or attachable.— (1) The right to receive any payment in
respect of any benefit under this Ordinance shall not be transferable or
assignable.
(2) No benefit payable under this Ordinance
shall be liable to attachment or sale in execution of any decree or order of
any Court.
50. Exemption from stamp duty.— Notwithstanding anything to the contrary
contained in the Stamp Act, 1899 (Act II of 1899), stamp duty shall not be
chargeable upon any draft or order or receipt in respect of any benefit payable
under this Ordinance.
51. Non-duplication of benefits.— (1) A secured person shall not be paid, for
the same period, more than one of the benefits referred to in sections 35, 36
and 39, namely, sickness benefit, maternity benefit and injury benefit, and
where any person is entitled to more than one of these benefits shall be given
the higher or highest of such benefits.
(2) No person shall be entitled to sickness
benefit or maternity benefit or injury benefit for any day for which he
receives wages.
52. Repayment of benefit improperly received.— (1) When a person has received any benefit
or payment under this Ordinance to which he is not lawfully entitled, he shall
be liable to repay to the Institution the value of the benefit or the amount of
such payment, and, in the case of his death, his legal heirs shall be liable to
repay the same from the assets of the deceased:
Provided
that the Institution may waive repayment where there was no mis-representation
on the part of the beneficiary and the repayment would cause undue hardship to
him, or as the case may be, to his survivors.
(2) For the purposes of this section, the
value of any benefit received otherwise than in cash shall be determined in
accordance with the regulations.
53. Institution’s right to recover damages from
employer in certain cases.—
Where, according to the finding of a Court, an employment injury was sustained
by a secured person by reason of a wrongful act or omission of the employer or
his agent, the employer or his agent shall reimburse to the Institution the
actuarial present value of any periodical payment or the amount of any lump sum
payment which the Institution is liable to make under this Ordinance and such
actuarial value shall be determined in accordance with the regulations.
54. Institution’s right to be indemnified in
certain cases.— Where a
secured person is entitled to receive or to recover, but has not received or
recovered, from any person, compensation or damages in respect of any sickness
or employment injury caused under circumstances creating a liability in some
person other than, in case of employment injury, the employer or his agent, the
Institution shall be entitled to be indemnified by the person so liable.
[57][57][54-A. Extent
of benefits, etc.— Notwithstanding anything contained in this Chapter, so much of wages of
a secured person’s as are in excess of [58][58][two hundred rupees per
day or five thousand rupees per month] shall not be accounted for the purpose
of determining the rate of benefits provided under sections 35, 36, 37, 39, 40,
41, 42 and 43].
55. Recovery of
amounts due.— Any amount recoverable by the Institution under this Chapter may be
recovered as arrears of land-revenue.
[59][59][(CHAPTER
V-A
MEDICAL
TREATMENT OF DOMESTIC SERVANTS
55-A. Medical treatment of domestic servants.— Every employer of a domestic servant shall
be liable to provide at his own cost to the domestic servant medical care to
the extent mentioned in section 45.]
CHAPTER
VI
DETERMINATION
OF QUESTIONS AND CLAIMS
56. Assessment of disablement.— All questions as to the assessment of the
degree of disablement shall be determined by a medical board or medical
practitioner appointed under section 17.
57. Decisions on complaints, questions and
disputes.— If any complaint
is received or any question or dispute arises as to—
(a) whether any person is a secured person within
the meaning of this Ordinance [60][60][* * *]; or
(b) the rate of wages or average daily wages of a
secured person for the purposes of the Ordinance; or
(c) the rate of contribution payable by an
employer in respect of an employee; or
(d) the person who is or was the employer in
respect of a secured person; or
(e) any benefit and the amount and duration
thereof; or
(f) any other matter in respect of any
contribution or benefit or other dues payable or recoverable under this
Ordinance;
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 or persons
concerned, in writing, stating therein the reason or reasons for its decisions.
58. Review on account of new facts.— The Institution may, subject to regulations,
on new facts being brought to its notice, review a decision given by it under
section 57:
Provided that no decision shall be so reviewed without
giving the person or persons concerned an opportunity of being heard and
adducing evidence in support of or against the decision, as the case may be.
59. Appeal to Social Security Court.— Any person aggrieved by a decision of the
Institution under section 57 or on a review under section 58 may appeal to the
appropriate
60. Constitution
of Social Security Court.— (1) Government may for purposes of this Ordinance
constitute, by notification, a
(3) A person shall not be appointed as a
Judge of a
(a) for a period of not less than three years held
a judicial office; or
(b) for a period, or for periods aggregating, not
less than seven years, been an advocate or pleader of the High Court.
61. Jurisdiction
of Social Security Courts.— (1) Subject to the provisions of sub-section (2), a
(2) Government may, by order in writing,
transfer an appeal from
(3) The
62. Powers of Social Security Court, etc.— (1) A Social Security Court shall have all
the powers of a Civil Court for the purposes of summoning and enforcing the
attendance of witnesses, compelling the discovery and production of documents
and material objects, administering oath and recording evidence, and such a
Court shall be deemed to be a Civil Court within the meaning of section 195 of
the Code of Criminal Procedure, 1898 (Act V of 1898).
(2) Notwithstanding anything contained in
any other law, a
(4) An order of a
(5) A person shall be guilty of contempt of
a
(a) offers any insult to the Social Security Court
or any member thereof while the Court is functioning as such; or
(b) causes any interruption in the work of the
(c) fails to produce or deliver a document when
ordered by the
(d) refuses to answer any question of the
(e) refuses
to take oath to state the truth or to sign any statement made by him when
required by the
and the
63. Appearance by legal practitioners.— Any application, appearance or act required
to be made or done by any person to or before a Social Security Court (other
than the appearance of a person required for the purposes of his examination as
a witness) may be made or performed by a legal practitioner or by an officer of
a registered trade union authorised in writing by such person, or, with the
permission of the Court, by any other person so authorised.
64. Appeal.— (1) Save as expressly provided in this section, no appeal shall lie
from an order of a
(2) An appeal shall lie to the High Court
from an order of a
(3) The period of limitation for an appeal
under this section shall be thirty days.
(4) The provisions of sections 5 and 12 of
the Limitation Act, 1908 (IX of 1908) shall, apply to appeals under this
section.
65. Stay of payment pending appeals.— Where the Institution has appealed against
an order of a Social Security Court that Court may, and, if so directed by the
High Court shall, pending the decision of the appeal, direct that the payment
of any sum required to be paid by the order appealed against shall be withheld.
CHAPTER
VII
OFFENCES
AND PENALTIES
66. Offences.— (1) If any person—
(a) for the purpose of obtaining the allowance or
denial of any payment or benefit under this Ordinance, whether for himself or
some other person, or for the purpose of avoiding any payment to be made by
himself or any other person under this Ordinance—
(i) knowingly
makes or causes to be made any false statement or false representation; or
(ii) produces
or furnishes, or causes or knowingly allows to be produced or furnished, any
document or information which he knows to be false in a material particular; or
(b) fails to pay any contribution which under this
Ordinance he is liable to pay; or
(c) recovers or attempts to recover from a secured
person, or deducts or attempts to deduct from his wages the whole or any part
of the [61][61][* * *] contribution; or
(d) fails or refuses to submit any return required
by 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 requirements
of this Ordinance or the rules or the regulations,
he shall, without prejudice to any action to
which he may be liable under section 23 or section 70 or any other provision of
this Ordinance, be punished with imprisonment which may extend to three months,
or with fine not exceeding one thousand rupees, or with both.
67. Prosecution.— (1) No prosecution under this Ordinance
shall be instituted except with the previous sanction of the Commissioner or of
an officer authorised by him in writing in this behalf.
(4) [62][62][* * * * *
* * * * * * *]
CHAPTER
VIII
MISCELLANEOUS
68. Contributions, etc., to have priority over
other debts.— In any
proceedings of insolvency against a person or proceedings for the winding up of
a company, any contribution or other amount payable under this Ordinance by
such person or company shall be deemed to be included among debts to be paid in
priority to all other debts.
69. Exemption from taxes.— Notwithstanding anything contained in any
other law, Government may, by order in writing, exempt the Institution from any
tax, rate or duty leviable by Government or by a local authority under the
control of Government.
70. Levy of special tax.— (1) Where, in respect of any group of
undertakings producing a particular type of product or performing a particular
type of service this Ordinance is, in accordance with the provisions of
sub-section (3) of section 1, applied to some areas or establishment, but not
to other areas or establishments, Government may, after consultation with the
Institution by a notification levy on the employers in the areas or
establishments to which the Ordinance is not applied, notwithstanding anything
contained in this Ordinance, a special tax, to be paid to the Institution, at
such rate, not exceeding five per centum of the total wages paid by the
employer, at such times and subject to such conditions, as may be prescribed.
[63][63][(2) For
the purposes of subsection (1), the total wages paid by the employers shall
mean the total wages which have accrued to all his employees not taking into
account so much of an employee’s wages as are in excess of one hundred and
twenty rupees per day or three thousand rupees per month.]
(3) The proceeds of the special tax shall be
paid into the Fund and shall be utilized for capital expenditure towards
building up and improving the medical facilities available for the provision of
medical care under this Ordinance.
(4) All provisions of this Ordinance and
rules or regulations relating to contributions, with the exception of section
26 and the rules made thereunder, shall apply to the special tax as if it were
a contribution payable under section 20.
71. Review and
modification of wage limits, contribution and benefits.— (1) In January of each
year, the Governing Body shall review the wage limits specified in [64][64][clause (f)
of sub-section (8) of section 2] and the rates of contribution and benefits
provided under this Ordinance in the light of any changes in wage levels or
living costs and shall submit a report thereon together with its
recommendations to Government.
(2) Government may, after considering the
said report and recommendations, by notification, enhance or reduce the wage
limits specified in [65][65][clause (f)
of sub-section (8) of section 2] or the rates of benefits payable under this
Ordinance.
72. Employers not to dismiss or punish employee
during the period of sickness, etc.— (1) No employer shall dismiss, discharge or reduce or otherwise punish
an employee during the period in which the employee is in receipt of sickness
benefit, maternity benefit, injury benefit or medical care.
(2) No notice of dismissal or discharge or
reduction given to an employee during the period specified in sub-section (1)
shall be valid or operative.
73. Bar on benefits under other law.— When a person is entitled to any of the
benefits provided by this Ordinance, he shall not be entitled to any similar
benefit under any other law.
74. Suit for damages in a Civil Court.— No suit for damages shall be instituted by
secured person against the employer in any
75. Members and servants of the Institution to
be public servants.— The
members of the Governing Body and all officers and servants of the Institution
shall be deemed to be public servants within the meaning of the Pakistan Penal
Code (Act XLV of 1860).
76. Removal of
difficulties.— (1) If any difficulty arises in giving effect to the provisions of
Chapters III and V, Government may, by order notified in the official Gazette,
make such provision or give such direction as appears to it to be necessary for
the removal of the difficulty.
(2) Any order
made under sub-section (1) shall have effect notwithstanding anything
inconsistent therewith in any rules or regulations.
77. Delegation of powers.— The Governing Body may direct that all or
any of its powers and functions may, in relation to such matter, and subject to
such conditions, if any, as may be specified, be also exercisable by the
Commissioner or any other officer or authority subordinate to the Institution.
78. Protection of
proceedings of the Governing Body.— No act or proceeding of the Governing Body shall
be invalid or questioned merely on the ground of existence of any vacancy
therein or of any defect in the constitution thereof or in the appointment or
qualification of any member.
79. Power to make rules.— (1) Government may, subject to the condition
of previous publication, by notification, make rules[66][66] to carry out the purposes of this Ordinance.
(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
manner in which names of persons from whom members of the Governing Body may be
appointed shall be submitted by organisations of employers and employees
recognised by Government for that purpose;
(ii) powers
and functions of the Governing Body;
(iii) fees
and allowances of the members of the Governing Body;
(iv) qualifications
to be possessed by the Medical Advisor;
(v) times
and rates at which and conditions subject to which contributions and the
special tax shall be payable [67][67][* * *];
(vi) percentage
or amount by which contributions and special tax in arrears may be increased
under section 23;
(vii) increase
of [68][68][* * *] contribution under section 26 where
employer fails to observe rules of safety or hygiene;
(viii) branches
of social security and other purposes for which separate accounts shall be
maintained by the Institution;
(ix) times
at which, amounts up to which and the manner in which security reserves shall
be established and maintained;
(x) investment
of surplus moneys, realisation of investments and reinvestment of the proceeds;
(xi) times
at which and the manner in which the budget shall be prepared and submitted to
Government;
(xii) form
and the manner in which the Institution shall keep accounts of its income and
expenditure and of its assets and liabilities;
(xiii) times
at which and the manner in which the accounts of the Institution shall be
audited by the external auditor;
(xiv) matters
which the annual report of the Institution shall cover;
(xv) times
within which claims for benefit shall be made;
(xvi) remuneration
and conditions of service of officers to be appointed by Government under this
Ordinance;
(xvii) any other matter which
is required or allowed by this Ordinance to be prescribed.
80. Power to
make regulations.— (1) The Governing Body may, subject to the condition of previous
publication, by notification, make regulations not inconsistent with the
provisions of this Ordinance 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
manner in which medical practitioners shall be authorised to give certificates
required under any of the provisions of this Ordinance, the form of such
certificates and the duties of medical practitioners in that regard;
(ii) occupational
diseases which may cause employment injury;
(iii) qualifications which a
person practising medicine shall possess for appointment as a medical
practitioner under section 17 or to be authorised to give certificates under
sections 35, 36 and 39 or for recognition for any other purpose under this
Ordinance;
(iv) times and places at which
meetings of the Governing Body shall be held;
(v) amount of contributions
owed to the institution which shall disqualify a person from being or
continuing to be a member of the Governing Body;
(vi) duties
of Medical Advisor in connection with medical care;
(vii) powers, functions, fees
and allowances of medical practitioners and medical board and the areas for
which and the manner in which they shall be appointed;
(viii) powers of the Governing
Body to employ officers and staff for administration of the affairs of the
institution;
(ix) method of recruitment,
pay and allowances, superannuation benefits and other conditions of service of
officers and servants of the Institution;
(x) powers of the Commissioner
with regard to appointment, transfer, promotion, dismissal and other matters
affecting the staff of the Institution;
(xi) [69][69][* * * * *
* * * * * *]
(xii) the manner in which
daily wages shall be calculated for the purpose of determining the contribution
payable;
(xiii) determination
of wages for computation of contributions where the mode of payment of
remuneration, in cash or kind, makes such computation difficult;
(xiv) records to be kept and
returns to be submitted by employers, times at which and the form in which such
returns are to be submitted, and the particulars relating to employees to be
stated in such returns;
(xv) form
of certificate authorising an official of the Institution to exercise the
powers of inspection under section 22;
(xvi) the manner in which any
claim of the Institution for unpaid contributions may be extinguished;
(xvii) powers and duties of
internal auditor;
(xviii) conditions
of entitlement to receive sickness, maternity and injury benefit, disablement
pension, disablement gratuity, death grant, survivor’s pension and medical
care;
(xix) the items of medical
care in respect of specified disease to which a secured person shall be
entitled;
(xx) the manner in which
medical care shall be provided;
(xxi) arrangements under which
beneficiaries shall share the costs of certain kinds of medical care and the
manner in which such costs shall be determined;
(xxii) the form and manner in
which claims for benefits shall be preferred, and the documents, information
and evidence which shall accompany such claims;
(xxiii) the manner in which
and the times and places at which payment in respect of benefits shall be made;
(xxiv) determination, for the
purpose of repayment to the Institution, of the value of any benefit received
otherwise than in cash;
(xxv) determination of the
actuarial present value of any periodical payment for which the Institution
becomes liable by reason of a wrongful act or omission of the employer or his
agent;
(xxvi) the manner in which and
the time within which complaints, questions and disputes shall be decided;
(xxvii) the circumstances and manner in which, on new
facts coming to light, the Institution may reopen cases and review decisions;
(xxviii) the manner in which supplies for the use of
the Institution shall be obtained and immovable property hired or acquired, and
in which such supplies or property shall be sold or otherwise disposed of; and
(xxix) any other matter not
provided for in this Ordinance or rules and necessary to give effect to the
provisions of this Ordinance.
81. Supersession
of certain laws, etc.— Workmen’s compensation and maternity benefit payable
under the Workmen’s Compensation Act, 1923 (VIII of 1923), the Employers’
Liability Act, 1938 (XXIV of 1938), the Mines Maternity Benefit Act, 1941 (XIX
of 1941), the West Pakistan Maternity Benefit Ordinance, 1958 (West Pakistan
Ordinance XXXII of 1958), or under any other law shall not be payable in
respect of any employment on or after the appointed day in respect of such
employment and the enactments and laws aforesaid shall, in so far as they are
inconsistent with the provisions of this Ordinance, cease to have effect.
82. Repeal.— The Employees’ Social Insurance Ordinance, 1962 (XXII of 1962), in its
application to the
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 14th May, 1965; approved by the
Provincial Assembly of West Pakistan on 8th July, 1965, under clause (3) of
Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); and,
published in the West Pakistan Gazette
(Extraordinary), dated 8th July, 1965; pages 3579-3610.
[2][2]Substituted by the Federal
Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for “
[3][3]Ibid.
[4][4]Substituted ibid., for “
[5][5]The words “and includes any
amount payable by or on behalf of the employee” deleted by the Labour Laws
(Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
[6][6]Inserted by the Labour Laws
(Amendment) Act, 1994 (Federal Act XI of 1994).
[7][7]Substituted ibid.
[8][8]Substituted ibid for the semicolon.
[9][9]Added ibid.
[10][10]Substituted by the West
Pakistan Employees Social Security (Amendment) Ordinance, 1969 (XLVII of 1969),
for the words “ranges from five per cerium to twenty per centum”.
[11][11]Inserted by the Labour Laws
(Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
[12][12]Substituted by the Provincial
Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of
2002).
[13][13]Deleted ibid.
[14][14]Substituted by the Labour
Laws (Amendment) Ordinance, 2001 (Federal Ord. LIII of 2001).
[15][15]Substituted by the Labour Laws
(Amendment) Act, 1994 (Federal Act XI of 1994) for semicolon.
[16][16]Added ibid.
[17][17]Substituted by the Labour
Laws (Amendment) Ordinance, 2001 (Federal Ord. LIII of 2001).
[18][18]Inserted by the Provincial
Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of
2002).
[19][19]Substituted by the Federal
Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for “Government of
[20][20]Inserted by the Labour Laws
(Amendment) Ordinance, 2001 (Federal Ord. LIII of 2001).
[21][21]Omitted by the Provincial
Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of
2002).
[22][22]Substituted by the Provincial
Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of
2002).
[23][23]Substituted by the West
Pakistan Employee’s Social Security (Punjab Amendment) Act, 1973 (V of 1973).
[24][24]Substituted by the West
Pakistan Employees’ Social Security (Punjab Amendment) Ordinance, 1971 (X of
1971), for “the Medical Advisor, ex-officio”.
[25][25]Substituted by the West
Pakistan Employees’ Social Security (Punjab Amendment) Ordinance, 1971 (X of
1971), for the word “the”.
[26][26]Deleted by the West Pakistan
Employee’s Social Security (Punjab Amendment) Act, 1973 (V of 1973).
[27][27]Substituted by the West
Pakistan Employees’ Social Security (
[28][28]Substituted
by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994), for the
full-stop.
[29][29]Added ibid.
[30][30]Substituted by the Provincial
Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of
2002).
[31][31]Deleted by the Labour Laws
(Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
[32][32]Substituted ibid.
[33][33]Added by the Provincial
Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of
2002).
[34][34]Deleted by the Labour Laws
(Amendment) Act, 1994 (Federal Act XI of 1994).
[35][35]Inserted by the Labour Laws
(Amendment) Ordinance, 2001 (Federal Ord. LIII of 2001).
[36][36]Substituted by the Provincial
Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of
2002).
[37][37]Added by the Labour Laws
(Amendment) Ordinance, 2001 (Federal Ord. LIII of 2001).
[38][38]Substituted by the Provincial
Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of
2002).
[39][39]Added ibid.
[40][40]Substituted by the Labour
Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972), for “Every
person or his”.
[41][41]The words “in respect of such
person”, deleted ibid.
[42][42]Substituted by the West
Pakistan Employees’ Social Security (
[43][43]Substituted by the Labour
Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
[44][44]Section
37, re-numbered as sub-section 1, by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
[45][45]Substituted ibid.
[46][46]Added ibid.
[47][47]Substituted by the
[48][48]Inserted by the Labour Laws
(Amendment) Act, 1994 (Federal Act XI of 1994).
[49][49]The words “other than the
first three days” deleted by the West Pakistan Employees’ Social Security
(Punjab Second Amendment) Ordinance, 1971 (XXVI of 1971). The same amendment
was made by the Federal Government by the Labour Laws (Amendment) Act, 1994
(Federal Act XI of 1994).
[50][50]Added by
West Pakistan Employees Social Security (
[51][51]This clause (c) was
substituted by the West Pakistan Employees’ Social Security (Punjab Second
Amendment) Ordinance, 1971 (XXVI of 1971), but was not substituted by the
Federal Government and reads as follows:-
“(c) where the survivor is a dependent child, upon
his attaining the age of [twenty one] years;”
The words in crotchet, however, have been substituted by the Labour
Laws (Amendment) Act, 1994 (Federal Act XI of 1994), for “sixteen” and
thereafter the following proviso has also been added:
“Provided that such age limit shall not apply to dependent
unmarried daughters”;
[52][52]Substituted by the Labour
Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
[53][53]Added by the Labour Laws
(Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
[54][54]The word “and”, deleted ibid.
[55][55]Deleted ibid.
[56][56]Ibid.
[57][57]Added by the Labour Laws
(Amendment) Act, 1994 (Federal Act XI of 1994).
[58][58]Substituted by the Provincial
Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of
2002).
[59][59]Added by the Labour Laws
(Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
[60][60]The words “or whether he is
liable to pay the secured person’s contribution”, deleted ibid.
[61][61]The word
“employer’s” deleted by the Labour Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
[62][62]Added ibid., and deleted by the West Pakistan Employee’s Social Security
(Punjab Amendment) Act, 1973 (XV of 1973).
[63][63]Substituted by the Labour
Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
[64][64]Ibid.
[65][65]Substituted by the Labour
Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
[66][66]See Gazette
of
[67][67]The words “and the ratio of
the employer’s contribution to the employees contribution”, deleted by the
Labour Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
[68][68]The word “employer’s”,
deleted ibid.
[69][69]Deleted by the Labour Laws
(Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
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