amendment ordinance of seven labour laws

7/28/2019 AMENDMENT ORDINANCE OF SEVEN LABOUR LAWS

1/4

AMENDMENT ORDINANCE OF SEVEN LABOUR LAWS

Ordinance No. LIII of 2001

AN

ORDINANCE

FURTHER TO AMEND CERTAIN LAWS RELATING TO WORKMENS COMPENSATION,

PAYMENT OF WAGES, MINES MATERNITY BENEFIT, SOCIAL SECURITY, WORKERS

SHARE IN COMPANIES PROFITS, WORKERS WELFARE AND OLD-AGE BENEFITS

WHEREAS it is expedient further to amend certain laws relating to workmens compensation,payment of wages, mines maternity benefit, social security, workers share in companies profits,workers welfare and old-age benefits for the purposes hereinafter appearing;

AND WHEREAS THE President is satisfied that circumstances exist which render it necessaryto take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day ofOctober, 1999, and the Provisional Constitutional Order No.1 of 1999, read with the ProvisionalConstitutional (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him inthat behalf, the President of the Islamic Republic of Pakistan is please to make and promulgatethe following Ordinance: -

1. Short title and commencement.

(1) This Ordinance may be called the Labour Laws (Amendment) Ordinance, 2001.

(2) It shall come into force at once and shall be deemed to have taken effect fromthe 1st day of July, 2001.

2. Amendment of certain laws. The laws specified in the Schedule below are herebyamended to the extent and in the manner specified in the fourth column thereof.

THE SCHEDULE

(See section 2)

S.No. Number and Short title Amendments.year of the

enactment.(1) (2) (3) (4)

1. Act No. VIII The Workmens In Schedule IV, - for the figureof 1923 Compensation Act, 1,00,000, occurring twice the

1923. figure 200,000 shall be substituted.2. Act No. IV The Payment of (1) In section 1,-

(a) in sub-section (4),-(i) the words in the first

instance shall be omitted;and

(ii) after the word factory thecommas and words,industrial establishment orcommercial establishment,shall be inserted; and

(b) sub-sections (5) and (6) shall beomitted.

(2) In section 2, the existing clause(I) shall be renumbered asclause (ia) of that section, andbefore clause (ia) renumber asaforesaid, the following new

clause shall be inserted, namely:


2/4

(i) commercial establishmentmeans a commercial establishmentas defied in the West PakistanIndustrial and Commercial (StandingOrders) Ordinance, 1968 (W.P.

Ordinance VI of 1968).

3. Act No. XIX The Mines In section 5, in sub-section (1), for of 1941 Maternity Benefit the words twelve annals a day for

Act, 1941. every day the words last paydrawn shall be substituted.

4. W.P. Ordinance The Provincial (1) In section 2,-No. X of 1965 Employees Social (a) in clause (8), in sub-clause (f),-

Security Ordinance, (i) for the words three thousand thewords five thousand shall besubstituted; and

(iii) in the proviso, for the wordsthree thousand the words fivethousand shall be substituted;and

(c) after clause (25), the followingnew clause shall be inserted,namely:-

(25a) self-assessment schememeans a scheme of social securitybenefits, effective from the 1st July,

2001, with no intervention throughchecking by any staff member of theInstitution, in respect of employeessecured under this Ordinance as onthe 30th June, 2001, and theemployer undertake to pay acontribution in respect of them up toa maximum amount of threehundred fifty rupees per month persecured employee..

(2) After section 20, the following

new section shall be inserted,namely:-

20-A. Self-assessment scheme:- (1)Notwithstanding anything containedin this Ordinance, an employer whoopts for the self-assessment schemeshall be liable to pay to theInstitution a contribution up tomaximum amount of three hundredfifty rupees per month per securedemployee.

(2) The liability of an employed topay contribution under the self-assessment scheme shall be inrespect of those employees whowere secured under this Ordinanceon the 30th June, 2001.

(3) Every employee secured underthis Ordinance in respect of whomthe employer pays contribution shallbe liable to pay through the

employer an amount of twenty


3/4

rupees per month as his share to theinstitution.

(3) In section 22, after sub-section (3),the following new sub-section shall

be added, namely:-

(4) No staff member of theInstitution shall visit the premises ofany establishment, opting for theself-assessment scheme undersection 20A, for the purpose ofchecking of employers books,record, etc., during the period theself-assessment scheme remains inoperation.

5. Act No. XII The Companies (1) In section 2, in clause (f), for theof 1968 Profits (Workers words three thousand the word

Participation) Act, five thousand shall be1968. substituted.

(2) In the Schedule, in paragraph 4,-(a) in clause (a), under the heading

Categories, for the existingentries the following shall besubstituted, namely:-

1. Workers drawing average monthly

wages not exceeding twothousand two hundred rupees.

2. Workers drawing averagemonthly wages exceeding twothousand two hundred rupeesbut not exceeding threethousand two hundred rupees.

3. Workers drawing averagemonthly wages exceeding threethousand two hundred rupees

but not exceeding five thousandrupees.; and

(b) in clause (d), for the wordsthree thousand the words sixthousand shall be substituted.

6. Ordinance The Workers In section 6, for clause (b) theNo. XXXVI Welfare Fund following shall be substituted,Of 1971. Ordinance, 1971. Namely:-

(b) the financing of other welfare

measures including educationtraining, re-skilling andapprenticeship for the welfare of theworkers;

7. Act No. XIV The Employees (1) In section 1, in sub-section (4),of 1976. Old-Age Benefits after clause (i) the following new

Act, 1976. Clause shall be inserted, namely:-

(ia) wherein less than ten personsare employed if such industry orestablishment voluntarily applies for

application of this Act and this Act


4/4

shall apply to such industry orestablishment from the date ofsubmission of an application by suchindustry or establishment; or.

(2) In section 2, after clause (o), thefollowing new clause shall beinserted, namely:-

(oa) self-assessment schememeans a self-assessment schemeaccording to which no inspectionshall be made under sub-section (1)of section 12 for a period of twoyears;

(4) In section 9, in sub-section (1), in

the second proviso, for the fullstop, at the end, a colon shall besubstituted and thereafter thefollowing new proviso shall beadded, namely:-

Provided also that in case anemployer opts for a self assessmentscheme, no contribution shall bepayable on so much of an insuredpersons wages as is in excess offive thousand rupees..

(5) After Section 9A, the followingnew section shall be inserted,namely:-

9B. Contribution by insured person:-On and from the 1st day of July,2001, the contribution shall bepayable every month by aninsured person at the rate oftwenty rupees in the prescribedmanner.

(6) In section 12, in sub-section (1),in clause (c), for the full stop, atthe end, a colon shall besubstituted and thereafter thefollowing proviso shall be added,namely:-

Provided that such official shallnot enquire into or inspect anyestablishment which has optedfor self-assessment scheme for

a period of two years from thedate of submission of applicationfor ascertaining the amount ofpayment of the contributions..

Sd/-Gen. Pervez Musharraf,

President.

amendment ordinance of seven labour laws

Documents