THE PROVINCIAL EMPLOYEES SOCIAL SECURITY ORDINANCE, 1965. (WEST PAKISTAN ORDINANCE No. X OF 1965).PREAMBLECONTENTS
CHAPTER I PRELIMINARY Sections.
CHAPTER II ORGANISATION
CHAPTER IV FINANCE AND AUDIT
CHAPTER V A MEDICAL TREATMENT OF DOMESTIC SERVANTS. Sections 55-A Medical Treatment of domestic Servants. CHAPTER VIDETERMINATION OF QUESTIONS AND CLAIMS.
OFFENCES AND PENALTIES
CHAPTER VIII MISCELLANEOUS
1THE 2(PROVINCIAL) EMPLOYEES SOCIAL SECURITY ORDINANCE, 1965. (W. P. Ord X of 1965). [17th 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.
WHEREAS, it is expedient to introduce a scheme of Social Security for providing benefits to certain employees or 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. (1) This Ordinance may be called the 2[Provincial] Employees' Social Security Ordinance, 1965.
2. 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, 1[. . . . ] in accordance with the provisions of this Ordinance; (6) "dependent" means the wife or wives or a needy invalid husband and any unmarried children under the age of sixteen years dependent upon the secured person; (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 2[is less then twenty p r 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;
1. in subs-section (5) of section-2, the words "and includes any amounts payable by or on behalf of the employee", omitted by Labour laws Amendment Old. No. IX of 1972. 2 in sub-section (7) of section-2, the words ranges from five per centum to twenty percentum", the words "less than twenty per centum", subs, by W.P. Ord. XLVII of 19 69, S. 2.
1[(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.] (8) "employee" means any person working normally for at least twenty-four hours per week, for wages, in or in connection with the work of any industry, business, undertaking or establishment, under any contract of service or apprenticeship, whether written or oral, express 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;
2[e * * * ] (f) any person employed on wages exceeding 3[One thousand] per mensem; (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, a manager or representative of the owner; (10) "employment injury" means a personal injury to a secured parson 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;
(22) "registered Trade Union" means a Trade Union registered under the Trade Unions Act, 1926 (XVI of 1926);
3. in clause (14) for the words "Government of West Pakistan", the words "Provincial Government", Subs by P.O. 4.,of 1975
(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. (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.
(2) In discharging its functions, the Institutions 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.
1[(a) The Minister-in-charge of Labour Department, Government of North-West Frontier Province, or a person who is or has been a judge of the High Court or 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] 2[(b) Three persons to represent Government, one each respectively from the Departments of Finance, Health, Education and Social Welfare and Industries, Commerce, Labour and Mineral Development]; (c) 3[Two] persons to represent employers:
3. In section 5 clause (c) the word ' three", the word "two", subs, by N.W.F.P. Ord. No. III of 19704. In sectson-5, clause (d), the words "Three", the word "Two" substituted ibid.
(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 recognized 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. In addition to the powers conferred on, and the function entrusted to it by the other provisions of this Ordinance or by the rules, the Governing Body shall have powers—
Meetings of the Governing Body
7. (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.
Authentication of orders etc
8. 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.
1 Subs by N.W.F.P. Ord. No. III of 1970.
9. (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:
Suppression of the Governing Body
Provided that before such supersession, Government shall give the Governing Body a reasonable opportunity to show cause why it should not be superseded, and shall consider any explanation or objection which it submits.
10. Members shall receive such fees and allowances as may be prescribed.
Fees and allowance
11. A Member, other than the ex-office Member, may resign his office by notice in writing to Government, and his seat shall fall vacant on the acceptance of the resignation.
12. (1) No person shall be or shall continue to be a Member, if he—
(d) 1[ * * * ] (e) is a member of the staff of the Institution other than the Medical Advisor; or (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
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. 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. The head office of the Institution shall beat 1[Peshawar] but Government may, by notification, transfer it to such other place as may be specified in such notification.
15. As soon as may be, Government shall appoint a Medical Advisor having the prescribed qualifications.
Duties of Medical Advisor
16. 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;
1. In section-14, between the words "at" "and" but", the word "Lahore", the word "Peshawar", substituted by N.W.F.P. Ord. No. III of 1970. s.4.
(b) perform such other duties in connection with medical care as. may be specified in the regulations.
Medical Practitioners Medical B
(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.
Commissioner and Vice Commissioner
(2) The Commissioner shall—
(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-Commissioners 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.
Officers and staff of the institution
CHAPTER III CONTRIBUTIONS
Amount and payment of contributions
[2, . . . . . . . . ]
1[(3) The employer shall, not been titled, to deduct from the employee's wages or otherwise to recover from him any portion of the contribution notwithstanding any agreement to the contrary. (4) Subject to the provisions of sub-section (2) of Section 71— (a) no contribution shall be payable on wages which are in excess of rupees twenty per day; and
3[7. . . . . ]
1 In section-20 sub-section (3), substituted by Labour Law (Amendment) Ordinance 1972- 2. In section-20, in sub-section (4), clause (b), omitted by ibid. 3. In the same section sub section (7), omitted by ibid.
21. Every employers 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.
Records and returns by employers
22. (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—
Officials of Institution of check employer’s books
(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.
23. (1) If any employer fails to pay, on the due date, the contributions payable by him under sub-section (I) of section 20, the amount so payable by him shall be increased by such percentage or amount as may be prescribed:
Increase of unpaid contributions and recovery of contributions, etc as arrears of land revenue
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. 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 bad occurred.
Return of Contribution paid erroneously
25. 1[An] employer shall be entitled to the refund to any contribution paid to the Institution under the erroneous belief that it was payable 2[xxxxxxx] 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. 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.
Extinguishments of claims contributions
27. Any claim of the Institution for unpaid contributions shall be extinguished in the manner provided in the regulations.
Employee’s Social Security Fund
29. 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, up to such amounts, and in such manner as may be prescribed.
30. (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.
Investment and loans
(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.
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, is may seem appropriate: Provided that no payment to which a claimant is entitled under this Ordinance shall be withheld pending such action.
32. (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.
33. (1) The Institution shall, within six months after the dosing 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.
Valuations of 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
1[(2) A secured person shall be entitled to receive sickness benefits throughout the period of sickness:
1. sub section (2) of section-35, subs. by Act No. XV of 1973.
Provided that during a continuous period of three hundred and sixty-five days such benefit shall not be allowed for a period exceeding.—
Provided further that he shall not be entitled to receive such benefit for the first two days of his sickness if such benefit does not, within fifteen days, follow the previous period of sickness for which he received or was entitled to receive such benefit].
36. 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. On the death of a secured person receiving or entitled to receive injury benefit, sickness benefit or medical care at the time of the 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 1[five hundred] rupees.
Medical Care during sickness and maternity
38. (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[. . . . . .]
1. In section-37 the word "fifty", the words "five hundred" subs, by Act No. XV of 1973. 2. In sub-section (1), of section-38, the words "if, during the six calendar months immediately preceding the date on which such medical care is required, contributions in respect of the secure persons were paid or payable for not less than ninety days". omitted by W.P. Ord. No. XLVII of 1969
(2) A secured woman shall subject to regulations, be entitled to pre-natal 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.
40. (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.
(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.
(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 at the rate of the said total disablement pension.
and in any such case the pensions of the remaining survivor shall, if necessary, be adjusted within the maximum laid dowse in the second proviso to sub-section (1).
43. Where a secured person dies while he is in receipt of injury benefit or of a total disablement pension the widow, widows or needy widower, 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 ceaseless than fifty rupees.
Medical care in the case of employment injury
44. (1) When medical care is required as a result of an employment injury—(a) no conditions , as regards payment of contributions shall apply; 5[and].
1. In section 44, Sub-section (1) clause (a), the word "and" inserted by Laws Amendment Ord: 1972.
(b) it shall include dental care in addition to the services referred to in section 45; 1[. . . . . . ] 2[(c) . . . ..] (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, continue and, in the case of a disablement pension being received by the secured person, for six months after the termination of the pension.
(d) hospitalization where necessary, including cases of pregnancy and confinement; (e) pre-natal confinement and post-natal care, either by medical practitioners or by qualified mid wives. 3[(2). . . . . . . .]
Extent of Medical care
46. (1) Regulations shall specify the manner in which medical care shall be provided.
Manner of providing medical care
1. In section 44, sub- section (1), clause (b), the word "and' omitted by Labour Laws (Amendment) Ord. No. IX of 1972. 2. clause (c) omitted by ibid 3. In section 45, sub-section (2) omitted by Labour Laws (Amendment) Ordinance, (Ord. No. IX of 1972)
Institutions power to promote measures for health, welfare etc of secured persons
47. 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.
Manner of claiming benefit
48. (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.
Benefit not assignable attachable
49. (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.
Exemption form stamp duty
50. 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.
Non –duplications of benefits
51. (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 if entitled to more than one of these benefits he 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.
Repayment of benefit improperly received
Provided that the Institution may waive repayment where there was no misrepresentation 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 other wise than in cash shall be determined in accordance with the regulations.
Institution’s right to recover damages form employer in certain cases
54. 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.
Institution’s rights to be indemnified in certain cases
55. Any amount recoverable by the Institution under this Chapter may be recovered as arrears of land revenue.
Recovery of amounts due
1[ CHAPTER V-A MEDICAL TREATMENT OF DOMESTIC SERVANTS.
55-A. 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]
56. 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.
Decisions complaints questions disputes
57. If any complaint is received or any question or dispute arises as to—
(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, staging therein the reason or reasons for its decisions.
58. 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.
Appeal to Social Security Court
60. (1) Government may for purposes of this Ordinance constitute, by notification, a Social Security Court for any Social Security Area or Areas specified in the notification.
Constitution of Social Security Court
(2) A Social Security Court shall be presided over by a Judge who shall be appointed by Government. (3) A person shall not be appointed as a Judge of a Social Security Court unless he has—
61. (1) Subject to the provisions of sub-section (2), a Social Security Court shall have exclusive jurisdiction to hear and decide appeals, from decisions of the Institution under section 57 or reviews under section 58 in respect of all claims, questions and disputes arising in the appropriate Social Security Area.
Jurisdiction of Social Security Courts
62. (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).
Powers of Social Security Courts etc
and the Social Security Court may, without any complaint having been made to it, forthwith try such person for such contempt and sentence him to a fine not exceeding fifty rupees.
63. 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 an writing by such person, or, with the permission of the Court, byiny other person so authorised.
64. (1) Save as expressly provided in this section, no appeal shall lie from an order of a Social Security Court.
(2) An appeal shall lie to the High Court from an order of a Social Security Court if it involves a substantial question of law.
65. 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.
Stay of payment pending appeals
CHAPTER VII OFFENCES AND PENALTIES
(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 by 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
(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. (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.
1[(4) . . . . . ] CHAPTER VIII MISCELLANEOUS
68. In any proceedings of insolvency against a person or proceedings for the winding up of 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.
Exemption form taxes
69. 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.
Levy of special tax
70. (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 I, applied to some areas or establishments, 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.
(2) For the purposes of sub-section (1), the total wages paid by the employer shall mean the total wages which. ha\e accrued to all his employees drawing wages not exceeding rupees twenty per day.
71. (1) In January of each year, the Governing Body shall review the wage limits specified in sub-section (4) of section 20 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.
Review and modifications of wage limits, contribution and benefits
(2) Government may, after considering the said report and recommendations, by notification, enhance or reduce the wage limits specified in sub-section (4) of section 20 or rates of benefits payable under this Ordinance.
Employers not to dismiss of punish employee during the period of sickness, etc
73. 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.
Bar on benefits under other law
74. No suit for damages shall be instituted by secured person against the employer in any Civil Court in respect of employment injury covered by this Ordinance.
Suit for damages in a Civil Court
75. 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 1860).
Members and servants of the institution to be public servants
76. (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.
Removal of difficulties
(2) Any order made under sub-section (1) shall have effect notwithstanding anything inconsistent therewith in any rules or regulations.
77. 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 my be specified, be also exercisable by the Commissioner or any other officer or authority subordinate to the Institution.
Protection of proceedings of the Governing Body
78. 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 appointment or qualification of any Member.
Power to make rules
79. (1) Government may, subject to the condition of previous publication, by notification, make rules 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, if 1[. . . . .] (vi) percentage or amount by which contributions and special tax in arrears may be increased under section 23; (vii) increase of 2[ . . . . .. ] 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 be prescribed.
Power to make regulations
(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 requited 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 practicing 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 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, superannuating 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; 1[. . . . . . . .] (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 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 parson 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 benefit shall be made; (xiv) 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 actor 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 re-open cases 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. 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 (W. P. Ord. 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.
2. The Employees' Social Insurance Ordinance 1962 (XXII of 1962), in its application to the Province of West Pakistan, is hereby repealed.