The West Pakistan Workmen's Compensation Rules, 1961

Updated: Tuesday May 27, 2014/AthThulatha Rajab 28, 1435/Mangalavara Jyaistha 06, 1936, at 07:36:50 PM

The West Pakistan Workmen’s Compensation Rules, 1961

[Gazette of West Pakistan, Extraordinary, 20th January, 1961]

No. IX-9-4 (Lab-II)/59.---In exercise of the powers conferred by section 32 of the Workmen’s Compensation Act, 1923, and in suppression of the Workmen’s Compensation Rules, 1924, as in force in West Pakistan, the Governor of West Pakistan is pleased to make the following rules, a draft of which was published in the Gazette of West Pakistan, dated the 15th January 1960 under Notification No. IX-9-4 (X)/59, dated the 7th January, 1960:---

PRELIMINARY

1. Short title.-These rules may be called the West Pakistan Workmen’s Compensation Rules, 1961.

2. Definitions.-In these rules, unless the context otherwise requires, the following expressions shall have the meanings thereby respectively assigned to them, that is to say,---

(a) “the Act” means the Workmen’s Compensation Act, 1923;

(b) “Form” means a form appended to these rules, and

PART I

REVIEW OF HALF-MONTHLY PAYMENTS AND COMMUTATION THEREOF

3. When application may be made without Medical Certificate.-An application for review of a half-monthly payment under section 6 may be made without being accompanied by a medical certificate,---

(a) by the employer, on the ground that since the right to compensation was determined the workmen’s wages have increased;

(b) by the workman, on the ground that since the right to compensation was determined his wages have diminished;

(c) by the workman, on the ground that the employer having commenced to pay compensation has ceased to pay the same, notwithstanding the fact that there has been no such change in the workman’s condition as to warrant such cessation;

(d) either by the employer or by the workman, on the ground that the determination of the rate of compensation for the time being in force was obtained by fraud or undue influence or other improper means;

(e) either by the employer or by the workman on the ground that in the determination of compensation there is a mistake or error apparent on the face of the record.

4. Procedure on application for review.-.If, on examining an application under section 6 for review by an employer in which the reduction or discontinuance of half-monthly payments is sought, it appears to the Commissioner that there is reasonable ground for believing that the employer has a right to such reduction or discontinuance, he may at any time issue an order withholding the half-monthly payments in whole or in part pending decision on the application.

5. Procedure on application for commutation.-(1) Where an application 9s made to the Commissioner under section 7 for the redemption of a right to receive half-monthly payments by the payment of a lump-sum, the Commissioner shall form an estimate of the probable duration of the disablement, and shall award a sum equivalent to the total of the half-monthly payments which would be payable for the period during which he estimates that the disablement will continue, less one-half per cent. of that total each month comprised in that period,---

Provided that fractions of a rupee included in the sum so computed shall be disregarded.

(2) When in any case to which sub-rule (1) applies, the Commissioner is unable to form an approximate estimate of the probable duration of the disablement, he may from time to time postpone a decision on the application for a period not exceeding two months at a time.

PART II

DEPOSIT OF COMPENSATION

6. Deposit under section 8 (1).-(l) An employer depositing compensation with the Commissioner under subsection (1) of section 8 in respect of a workman whose injury has resulted in death, shall furnish therewith a statement in Form A, and shall be given a receipt therefore in Form B. In other cases of deposits with the Commissioner under subsection (1) of section 8 the employer shall furnish a statement in Form AA, and shall be given a receipt therefore in Form B.

(2) If, when depositing compensation in respect of fatal accidents, the employer indicates in the statement referred to in sub-rule (1) that he desires to be made a party to the distribution proceedings, the Commissioner shall, before allotting the sum deposited as compensation, afford to the employer an opportunity of establishing that the person or persons to whom the Commissioner, poses to allot such sum is or are not a dependant or dependants for tire deceased workman.

(3) The statement of disbursement, to be furnished on application by the employer under subsection (4) of section 8 shall be in Form C.

7. Publication of lists of deposits--The Commissioner shall cause to be displayed in a prominent position outside his office an accurate list of the deposits received by him under section (1) of section 8, together with the names and addresses of the depositors and of

West Pakistan Workmen’s Compensation Act, 1923

The Workmen’s Compensation (Transfer of Money) Rules, 1935