North West Frontier Province Road Transport Board Removal Of Undesirable Employees Ordinance 1965

THE PROVINCIAL EMPLOYEES SOCIAL SECURITY ORDINANCE, 1965.
(WEST PAKISTAN ORDINANCE No. X OF 1965).
PREAMBLE
CONTENTS

CHAPTER I
PRELIMINARY
Sections.

1. Short title, extent, commencement and application.
2. Definition .

CHAPTER II
ORGANISATION

1. Establishment and incorporation of Employees Social Security Institution.
2. Management.
3. Governing Body.
4. Powers and functions of the Governing Body.
5. Meetings of the Governing Body.
6. Authentication of orders, etc..
7. Supersession of the Governing Body.
8. Fees and allowances.
9. Resignation.
10. Disqualifications.
11. Filling of casual vacancies.
12. Head Office.
13. Medical Advisor.

Sections

1. Duties of Medical Advisor.
2. Medical Practitioners and Medical Boards.
3. Commissioner and Vice-Commissioner.
4. Officers and staff of the Institution.

CHAPTER III

CONTRIBUTIONS

1. Amount and payment of contributions.
2. Records and returns by employers.
3. Officials of Institution to check employers' books.
4. Increase of unpaid contributions and recovery of contributions, etc., as arrears of land revenue.
5. Safeguard of secured persons' rights in default of payment of contribute one by employer.
6. Return of contributions paid erroneously.
7. Increase of contributions where safety rules not observed.
8. Extinguishment of claims to contributions.

CHAPTER IV
FINANCE AND AUDIT

1. Employees Social Security Fund.
2. Security reserves.
3. Investments and loans.
4. Budget.
5. Accounts and Audit.
6. Annual Reports.
7. Valuation of assets and liabilities.

CHAPTER V

BENEFITS
Sections

1. Sickness benefit.
2. Maternity benefit.
3. Death grant.
4. Medical care during sickness and maternity.
5. Injury benefits.
6. Disablement pension.
7. Disablement gratuity.
8. Survivor's Pension.
9. Death grant in case of death while in receipt of injury benefit or total disablement pension.
10. Medical care in the case of employment injury.
11. Extent of medical care.
12. Manner of providing medical care.
13. Institution's power to promote measures for health, welfare, etc., of secured persons.
14. Manner of claiming benefit.
15. Benefit not assignable or attachable.
16. Exemption from stamp duty.
17. Non-duplication of benefits.
18. Repayment of benefit improperly received.
19. Institution's right to recover damages from employer in certain cases.
20. Institution's right to be indemnified in certain cases.
21. Recovery of amounts due.

CHAPTER V
A MEDICAL TREATMENT OF DOMESTIC SERVANTS.
Sections
55-A    Medical Treatment of domestic Servants.
CHAPTER VI
DETERMINATION OF QUESTIONS AND CLAIMS.

1. Assessment of disablement.
2. Decision on complaints, questions and disputes.
3. Review on account of new facts.
4. Appeal to Social Security Court.
5. Constitution of Social Security Court.
6. Jurisdiction of Social Security Courts.
7. Powers of Social Security Courts, etc.
8. Appearance by legal practitioners.
9. Appeal.
10. Stay of payment pending appeals.

CHAPTER VII

OFFENCES AND PENALTIES

1. Offences.
2. Prosecution.

CHAPTER VIII
MISCELLANEOUS

1. Contributions, etc., to have priority over other debts .
2. Exemption from taxes.
3. Levy of special tax.

Sections

1. Review and modification of wage limits, contributions and benefits.
2. Employers not to dismiss or punish employee during the period of sickness, etc.
3. Bar on benefits under other law.
4. Suit for damages in a civil Court.
5. Members and servants of the Institution to be public servants.
6. Removal of difficulties.
7. Delegation of powers.
8. Protection of proceedings of the Governing Body.
9. Power to make rules.
10. Power to make regulations.
11. Supersession of certain laws, etc.
12. Appeal .

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.

            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. It extends to the whole of 3[Pakistan ].
2. 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.

(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[(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;

1. persons employed in any undertaking under the control of any Defence Organisation or Railway Administration.
2. persons in the service of a local council, a municipal committee, a cantonment board or any other local authority;
3. any person in the service of his father, mother, wife, son or daughter, or of her husband;

                        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;

1. "establishment" means an organisation, whether industrial, commercial, agricultural or otherwise;
2. "Fund means the Employees' Social Security Fund set up under section 3;
3. "Governing Body" means the Governing Body of the Institution;
4. "Government" means the 1[Provincial Government].
5. "industry" means any business, trade, undertaking manufacture or cabling of employers, and includes any calling, service, employment, handicraft, industrial, occupation or avocation of workmen,
6. "Institution" means the Employees' Social Security established under section 3;
7. "Medical Advisor" means the Medical Advisor appointed under section 15;
8. "medical board" means a board consisting of two or more medical practitioners, appointed under section 17;
9. "medical practitioner" means a person practising medicine and having such qualifications as may be provided in the regulations;
10. "Member" means a Member of the Governing Body;
11. "prescribed" means prescribed by rules;

(22)   "registered Trade Union" means a Trade Union registered under the Trade Unions Act, 1926 (XVI of 1926);

1. "regulations" means regulations made under this Ordinance;
2. "rules" means rules made under this Ordinance;
3. "secured person" means a person in respect of whom contributions are or were payable under this Ordinance;
4. "sickness" mean a condition which requires medical treatment or necessitates abstention from work on medical grounds;

1. "Social Security Area" means an area for which this Ordinance has been applied;
2. "Social Security Court" means a court constituted under section 60;
3. "strike" and "lock-out" shall have the same meaning as is respectively assigned 1o them in the Industrial Disputes Ordinance, 1959 (LVI of 1959);
4. "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 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—
5. any payment for overtime; or
6. 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) 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

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:

1. 4[two] persons to represent secured persons;
2. the Medical Advisor, 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 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).

1. to approve the budget estimates, the audited accounts and the annual report of the Institution for submission to Government in accordance with the provision of this Ordinance; and
2. to call for any information, or direct any research to be made for the furtherance of the objects of this Ordinance.

1. To constitute a quorum at a meeting of the Governing body the number of Members present shall be 1[three].
2. Each Member shall have one vote, and, in the event of equality of votes, the Chairman shall have second or casting vote.
3. 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 of the Members present from amongst themselves.

            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.

1. Upon the publication of a notification under subsection (1), the person holding office as Chairman and Members shall cease to hold such office.
2. 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.

1. has been convicted of an offence involving moral turpitude; or
2. is declared to be of unsound mind by a competent Court; or
3. is an undischarged insolvent; or

(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

1. refuses or fails to discharge or becomes, in the opinion of Government, incapable of discharging his responsibilities under this Ordinance; 01
2. has, in the opinion of Government abused his position as a Member; or
3. 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.

(b)     perform such other duties in connection with medical care as. may be specified in the 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.

            (2) The Commissioner shall—

1. be the chief executive of the Institution and shall act as Secretary to the Governing Body;
2. be responsible to the Governing Body in respect of all matters relating to the structure, administration and personnel of the Institution; and
3. 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-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.

CHAPTER III
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

1. 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.
2. 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.

3[7. . . . . ]

1. In the case of construction work the owner of the building shall guarantee the payment of contributions by the contractor.
2. 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 contribution payable, and pay such amount direct to the Institution.

1. require an employer to furnish to him such information as he may consider necessary; or
2. at any reasonable time enter any establishment or other premise? 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.

1. 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.
2. 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.

            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.

            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.

CHAPTER IV
FINANCE AND AUDIT

1. 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.
2. 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.
3. The Institution shall maintain separate accounts for administrative expenses, and for such branches of social security and such other purposes as may be prescribed.

            (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.

1. the administrative expenses of the Institution;
2. 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 subsection (4) of section 28; and
3. the income of the Institution from contributions, the special tax payable under section 70, and other sources, if any.

1. 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).
2. 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.
3. 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 ovulate, 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.
4. 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 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, is may seem appropriate:
Provided that no payment to which a claimant is entitled under this Ordinance shall be withheld pending such action.

(2) The Institution shall appoint an internal auditor who shall perform such duties and exercise such powers as may be provided by regulations.

1. 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.
2. 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.
3. The external auditor shall forward his report to Government together with an audited copy of the accounts of the Institution.

 (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.

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:

            Provided that during a continuous period of three hundred and sixty-five days such benefit shall not be allowed for a period exceeding.—

1. one hundred and eighty days, in case he has been suffering from tuberculosis; and
2. 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 benefit does not, within fifteen days, follow the previous period of sickness for which he received or was entitled to receive such benefit].

            (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.

            (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.

1. In case the deceased person does not leave a widow or needy widower, a survivor's pension shall be payable for life in 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.
2. Survivor's pensions shall be payable upon the death of the secured person and shall terminate—
3. upon the death of the survivor; or
4. where the survivor is a widow, upon her remarriage; or
5. where the survivor is a dependent child, upon his attaining the age of sixteen years;

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).

(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.

1. 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.
2. The Institution may buy or import and dispense pharmaceutical supplies direct to the beneficiaries.

1. 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.
2. 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 utilisation 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.

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.

            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.

1[ CHAPTER V-A
MEDICAL TREATMENT OF DOMESTIC SERVANTS.

CHAPTIR VI

1. the rate of contribution payable by an employer in respect of an employee; or
2. the person who is or was the employer in respect of a secured person; or
3. 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, staging therein the reason or reasons for its decisions.

            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.

            (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—

1. for a period of not less than three years held a judicial office; or
2. for a period, or for periods aggregating, not less than seven years been an advocate or pleader of the High Court.

1. Government may, by order in writing, transfer an appeal from one Social Security Court to another, whenever it appears to it that such transfer will promote the ends of justice or tend to the general convenience of the parties and witnesses.
2. The Social Security Court to which an appeal has been transferred under the provisions of sub section (2) shall deal with the same as if it had been originally instituted in, or presented to, such Court.

1. Notwithstanding anything contained in any other law, a Social Security Court may, for the purpose of deciding any appeal, examine such witnesses and take such evidence as it considers necessary.
2. A Social Security Court may make such order with regard to costs incidental to any appeal as it thinks fit.
3. An order of a Social Security Court shall be enforceable as if it were a decree of a Civil Court.
4. A person shall be guilty of contempt of a Social Security Court if he, without, lawfull excuse—
5. offers any insult to the Social Security Court or any member thereof while the Court is functioning as such; or
6. causes any interruption in the work of the Social Security Court; or
7. fails to produce or deliver a document when ordered by the Social Security Court to do so; or
8. refuses to answer any question of the Social Security Court which he is bound to answer; or
9. refuses to take oath to state the truth or to sign any statement made by him when required by the Soci Security Court to do so;

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.

            (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.

1. The period of limitation for an appeal under this section shall be thirty days.
2. The provisions of section 5 and 12 of the Limitation Act. 1908 (IX of 1908) shall, apply to appeals under this section.

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

1. recovers or attempts to recover from a secured person, or deducts or attempts to deduct from his wags the whole or any part of the 1[ . . . . ] contribution; or
2. fails or refuses to submit any return required by regulations or makes a false return; or
3. obstracts 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.

1. No Court inferior to that of a Magistrate of the First Class shall try any offence under this Ordinance.
2. No Court shall take cognizance of any offence under this Ordinance except on. a complaint made in writing within six months of the date on which the offence was discovered.

                1[(4) . . . . . ]
CHAPTER VIII
MISCELLANEOUS

            (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.

1. The proceeds of the special tax shall be paid into the Fund and shall be utilized for capital expenditure toward building up and improving the medical facilities available for the provision of medical care under this Ordinance.
2. All provisions of this Ordnance 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.

(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.

(2) Any order made under sub-section (1) shall have effect notwithstanding anything inconsistent therewith in any rules or regulations.

            (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.

            (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.

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