THE WORKMEN’S COMPENSATION ACT 1923
(VIII of
1923)
C O N T E N T S
Section Heading
Chapter I
Preliminary
1. Short title, extent and commencement.
2. Definition.
Chapter II
Workmen’s
Compensation
3. Employer's liability for compensation.
4. Amount of Compensation.
5. Method of calculating wages.
6. Review.
7. Commutation of half-monthly payments.
8. Distribution of compensation.
9. Compensation not to be assigned,
attached or charged.
10. Notice and claim.
10A. Power to require from employers statements
regarding fatal accidents.
10B. Reports
of fatal accident.
10C. Officers authorized may refer cases
for payment of compensation.
10D. Fixation of abstracts of the Act or
rules at the entrance of the premises.
11. Medical examination.
12. Contracting.
13. Remedies of employer against stranger.
14. Insolvency of employer.
15. [Omitted]
16. Returns as to compensation.
17. Contracting out.
18. Proof of age.
18A. Penalties.
Chapter III
Commissioners
19. Reference to Commissioners.
20. Appointment of Commissioner.
21. Venue of proceedings and transfer.
22. Form of application.
22A. Power
of Commissioner to require further deposit in cases of fatal accident.
23. Powers and Procedure of Commissioner.
24. Appearance of parties.
25. Method of recording evidence.
26. Costs.
27. Power to submit cases.
28. Registration of agreements.
29. Effect of failure to register agreement.
30. Appeals.
30A. Withholding of certain payments pending
decision of appeal.
31. Recovery.
Chapter IV
Rules
32. Power of the Provincial Government to make rules.
33. [Repealed]
34. Publication- of rules.
35. [Omitted]
Schedule 1
Schedule II
Schedule III
Schedule IV
[1]THE WORKMEN’S
COMPENSATION ACT 1923
(VIII of 1923)
[5 March 1923]
An Act to provide for
the payment by certain classes of employers to their workmen of compensation for
injury by accident
Whereas
it is expedient
to provide for the payment by certain classes of employers to their workmen of
compensation for injury by accident;
It is hereby enacted as follows:-
Chapter I
Preliminary
1. Short title, extent and commencement.– (1) This Act may be called the Workmen’s Compensation Act, 1923.
[2][(2) It extends to the whole of [3][the
(3) It shall come into force on the first day of
July 1924.
2. Definition.– (1) In this Act, unless there is
anything repugnant in the subject or context,–
(a) “adult” and “minor”
mean respectively a person who is not and a person who is under the age of
fifteen years;
(b) “Commissioner” means a Commissioner for
Workmen’s Compensation appointed under Section 20;
(c) “compensation” means compensation as provided for by this Act;
[4][(d) “dependent” means any of the following
relatives of a deceased workman, namely–
(i) a [5][widow],
minor legitimate son, and unmarried legitimate daughter, or a widowed mother;
and
(ii) if wholly or in part dependent on the earnings
of the workman at the time of his death, a [6][widower],
a parent other than a widowed mother, a minor illegitimate son, an unmarried
illegitimate daughter, a daughter, legitimate or illegitimate, if married and a
minor or if widowed, a minor brother, an unmarried or widowed sister, a widowed
daughter-in-law, a minor
child of a deceased son, [7][a minor
child of a deceased daughter where no parent of the child is alive,] or, where
no parent of the workman is alive, a paternal grandparent;]
(e) “employer” includes any body of persons
whether incorporated or not and any managing agent of an employer and the legal
representative of a deceased employer, and, when the services of a workman are
temporarily lent or let on hire to another person by the person with whom the
workman has entered into a contract of service or apprenticeship, means such
other person while the workman is working for him;
(f) “managing agent” means any person appointed
or acting as the representative of another person for the purpose of carrying
on such other person’s trade or business, but does not include an individual
manager subordinate to an employer;
(g) “partial
disablement” means, where the disablement is of a temporary nature, such
disablement as reduces the earning capacity of a workman in any employment in
which he was engaged at the time of the accident resulting in the disablement,
and, where the disablement is of a permanent nature, such disablement as
reduces his earning capacity in every employment which he was capable of
undertaking at that time:
Provided
that every injury specified in Schedule I shall be deemed to result in
permanent partial disablement;
(h) “prescribed’ means
prescribed by rules made under this Act;
[8][(hh) “Provincial Government”
means Government of the
(i) “qualified
medical practitioner” means any person registered
[9][* * *]
under any Act of [10][the [11][Federal]
Legislature or any Provincial Legislature] providing for the maintenance of a
register of medical practitioners, or, in any area where no such last-mentioned
Act is in force, any person declared by the [12][Provincial
Government] by notification in the [13][official
Gazette], to be a qualified medical practitioner for the purposes of this Act;
(j) [14][* * * * * * * * * * *]
(k) [15][* * * * * * * * * * *]
(l) “total disablement” means such disablement,
whether of a temporary or permanent nature, as incapacitates a workman for all
work which he was capable of performing at the time of the accident resulting
in such disablement:
Provided that permanent total disablement shall be deemed to
result from the permanent total loss of the sight of both eyes or from any
combination of injuries specified in Schedule 1 where the aggregate percentage
of the loss of earning capacity, as specified in that Schedule against those
injuries, amounts to one hundred per cent;
[16][(ll) “Tribunal” shall mean the same as in the
Punjab Industrial Relations Act, 2010 (XIX of 2010);]
(m) “wages” includes any privilege or benefit
which is capable of being estimated in money, other than a traveling allowance
or the value of any traveling concession or a contribution paid by the employer
of a workman towards any pension or a provident fund or a sum paid to a workman
to cover any special expenses entailed on him by the nature of his employment;
(n) “workman” means any person (other than a person whose
employment is of a casual nature and who is employed otherwise than for the
purposes of the employer’s trade or business) who is–
(i) a railway servant as defined in section 3 of the Railways Act,
1890[17], not
permanently employed in any administrative, district or sub-divisional office
of railway and not employed in any such capacity as is specified in Schedule
II, or
(ii) employed [18][* * *] [19][* * *] in any such capacity as
is specified in Schedule II,
whether
the contract of employment was made before or after the passing of this Act and
whether such contract is expressed or implied, oral or in writing; but does not
include any person working in the capacity of a member of [20][* * *] naval, military or air forces
[21][* * *]; and any reference to a
workman who has been injured shall, where the workman is dead, include a reference
to his dependents or any of them.
(2) The
exercise and performance of the powers and duties of a local authority or of any
department [22][acting on behalf of the
Government] shall for the purposes of this Act, unless a contrary intention
appears, be deemed to be the trade or business of such authority or department.
[23][(3) The [24][Provincial Government], after
giving, by notification[25] in the [26][official Gazette], not less
than three months’ notice of [27][its] intention so to do, may,
by a like notification, add to Schedule II any class of persons employed in any
occupation which [28][it] is satisfied, is a
hazardous occupation and the provisions of this Act shall thereupon apply [29][within the Province] to such
classes of person:
Provided that in making such addition the [30][Provincial Government] may
direct that the provisions of this Act shall apply to such classes of persons
in respect of specified injuries only.]
Chapter II
Workmen’s Compensation
3. Employer’s liability for compensation.– (1) If personal injury is caused to a workman by accident arising out
of and in the course of his employment, his employer shall be liable to pay
compensation in accordance with the provisions of this Chapter:
Provided that the employer shall not be so
liable–
(a) in respect of any injury which
does not result in the total or partial disablement of the workman for a period
exceeding [31][four] days;
(b) in respect of any [32][injury, not resulting in death,
caused by] an accident which is directly attributable to–
(i) the workman having been at the time
thereof under the influence of drink or drugs, or
(ii) the willful disobedience of the
workman to an order expressly given, or to a rule expressly framed, for the
purpose of securing the safety of workmen, or
(iii) the willful removal or disregard by
the workman of any safety guard or other device which he knew to have been
provided for the purpose of securing the safety of workmen, [33][* * *]
[34][(c) * * * * * * * * * * *]
(2) [35][If a workman employed in any
employment specified in Part A of Schedule III contracts any disease specified
therein as an occupational disease peculiar to that employment], or if a
workman, whilst in the service of an employer in whose service he has been
employed for a continuous period of not less than six months in any employment specified
in [36][Part B of] Schedule III,
contracts any disease specified therein as an occupational disease peculiar to
that employment, the contracting of the disease shall be deemed to be an injury
by accident within the meaning of this section and, unless the employer proves
the contrary, the accident shall be deemed to have arisen out of and in the
course of the employment.
Explanation.– For the purposes of this
sub-section a period of service shall be deemed to be continuous which has not
included a period of service under any other employer [37][in the same kind of
employment].
(3) The [38][Provincial
Government], after giving, by notification in the [39][official Gazette],
not less than three month’s notice of [40][its]
intention so to do, may by a like notification, add any description of
employment to the employments specified in Schedule III, and shall specify in
the case of the employments so added the diseases which [41][within the
Province] shall be deemed for the purposes of this section to be occupational
diseases peculiar to those employments respectively, and the provisions of
sub-section (2) shall thereupon apply [42][within the
Province] as if such diseases had been declared by this Act to be occupational
diseases peculiar to those employments.
(4) Save
as provided by sub-sections (2) and (3), no compensation shall be payable to a
workman in respect of any diseases unless the disease is [43][* * *] directly attributable to
a specific injury by accident arising out of and in the course of his
employment.
(5) Nothing
herein contained shall be deemed to confer any right to compensation on a
workman in respect of any injury if he has instituted in a Civil Court a suit
for damages in respect of the injury against the employer or any other person;
and to suit for damages shall be maintainable by a workman in any Court of law
in respect of any injury–
(a) if he has instituted
a claim to compensation in respect of the injury before a Commissioner; or
(b) if an agreement has been come to between the workman and his
employer providing for the payment of compensation in respect of the injury in
accordance with the provisions of this Act.
4. Amount of Compensation.– [44][(1) Subject to the provisions
of this Act, the amount of compensation shall be as follows, namely:-
[45][A. Where death results from injury to a workman – the amount shown in the second column of Schedule IV;
B. Where total disablement of permanent nature
results from injury to a workman – the amount shown in the third column of
Schedule IV;]
C. Where permanent partial disablement results
from the injury–
(i) in the case of an injury specified in Schedule
I, such percentage of the compensation which would have been payable in
the case of permanent total disablement as is specified therein as being the
percentage of the loss of earning capacity caused by that injury, and
(ii) in the case of an injury not specified in
Schedule I, such percentage of the compensation payable in the case of
permanent total disablement as is proportionate to the loss of earning capacity
permanently caused by the injury;
Explanation.– Where more injuries than one are
caused by the same accident, the amount of compensation payable under this head
shall be aggregated but not so in any case as to exceed the amount which would
have been payable if permanent total disablement had resulted from the
injuries;
[46][D. Where
temporary disablement, whether total or partial, results from injury, a half-monthly
payment payable on the sixteenth day after the expiry of a waiting period of
four days from the date of the disablement, and thereafter, half-monthly during
the disablement or during the period of five years, whichever period is shorter
– the amount shown in the fourth column of the Schedule IV:
Provided that–
(a) there shall be deducted from any lump sum or half-monthly payments
to which the workman is entitled the amount of any payment or allowance which
the workman has received from the employer by way of compensation during the
period of disablement prior to the receipt of such lump sum or of the first
half-monthly payment as the case may be except payments made to the worker
during the period of his convalescence towards medical treatment and the
half-monthly payments made for the first four months of disablement;
(b) no half-monthly payment shall in any case exceed the amount, if any,
by which half the amount of the monthly wages of the workman before the
accident exceeds half the amount of such wages which he is earning after the
accident; and
(c) the amount of half-monthly payments to which a workman is entitled shall in no case be less than the amount of half-monthly payments to which a workman drawing lesser monthly wages than such workman is entitled.]
(2) On
the ceasing of the disablement before the date on which any half-monthly payment
falls due, there shall be payable in respect of that half-month a sum
proportionate to the duration of the disablement in that half-month.
[47][(3) The Provincial Government may, by
notification in the official Gazette, revise the amount of compensation
specified in Schedule IV.]
5. Method of calculating wages.–
[48][* * *] [49][In this Act and for the
purposes thereof the expression “monthly wages” means the amount of wages
deemed to be payable for a month’s service (whether the wages are payable by
the month or by whatever other period or at piece rates) and calculated] as
follows, namely:-
(a) Where the workman has, during a continuous
period of not less than twelve months immediately preceding the accident, been
in the service of the employer who is liable to pay compensation, the monthly
wages of the workman shall be one twelfth of the total wages which have fallen
due for payment to him by the employer in the last twelve months of that
period;
[50][(b) Where the whole of the continuous period of service immediately
preceding the accident during which the workman was in the service of the
employer who is liable to pay the compensation was less than one month, the
monthly wages of the workman shall be [51][* * *] the average monthly
amount which, during the twelve months immediately preceding the accident, was
being earned by a workman employed on the same work by the same employer, or,
if there was no workman so employed, by a workman employed on similar work in
the same locality;]
[52][(c)] In other cases, the monthly wages shall be thirty times the total
wages earned in respect of the last continuous period of service immediately
preceding the accident from the employer who is liable to pay compensation,
divided by the number of days comprising such period.
[53][* * * * * * * * * * *]
Explanation.– A period of service shall, for
the purposes of [54][this section] be deemed to be
continuous which has not been interrupted by a period of absence from work
exceeding fourteen days.
[55][(2) * * * * * * * * * * * *]
6. Review.– (1) Any half-monthly payment
payable under this Act, either under an agreement between the parties or under
the order of a Commissioner, may be reviewed by the Commissioner, on the
application either of the employer or of the workman accompanied by the
certificate of a qualified medical practitioner that there has been a change in
the condition of the workman or, subject to rules made under this Act, on
application made without such certificate.
(2) Any half-monthly payment may, or review under this section, subject
to the provisions of this Act, be continued, increased, decreased or ended, or
if the accident is found to have resulted in permanent disablement, be
converted to the lump sum to which the workman is entitled less any amount
which he has already received by way of half-monthly payments.
7. Commutation of half-monthly payments.– Any right to receive half-monthly
payments may, by agreement between the parties or, if the parties cannot agree
and the payments have been continued for not less than six months, on the
application of either party to the Commissioner be redeemed by the payment of a
lump sum of such amount as may be agreed to by the parties or determined by the
Commissioner, as the case may be.
8. Distribution of compensation.– [56][(1) No payment of compensation
in respect of a workman whose injury has resulted in death, and no payment of
lump sum as compensation to a woman or a person under legal disability, shall
be made otherwise than by deposit with the Commissioner, and no such payment
made directly by an employer shall be deemed to be a payment of compensation:
[57][Provided that, in the case of a
deceased workman, an employer may make to any dependent advances on account of
compensation not exceeding [58][ten percent of the
amount of] the
compensation payable to that dependent shall be deducted by the Commissioner
from such compensation and repaid to the employer.]
(2) Any other sum amounting to not
less than [59][four thousand] rupees which is
payable as compensation may be deposited with the Commissioner on behalf of the
person entitled thereto.
(3) The receipt of the Commissioner
shall be a sufficient discharge in respect of any compensation deposited with
him.]
(4) On the deposit of any money
under sub-section (1) [60][as compensation in respect of a
deceased workman] the Commissioner [61][shall deduct] therefrom the
actual cost of the workman’s funeral expenses, to an amount not exceeding [62][[63][five thousand] rupees] and pay
the same to the person by whom such expenses were incurred, and shall, if he
thinks necessary, cause notice to be published or to be served on each
dependent in such manner as he thinks fit, calling upon the dependents to
appear before him on such date as he may fix for determining the distribution
of the compensation. If the Commissioner is satisfied after any inquiry which
he may deem necessary, that no dependent exists, he shall [64][not less than two years after
the date of deposit, transfer the balance of the money to such fund or funds for
the benefit of workmen as the Provincial Government may by notification in the official
Gazette specify or establish]. The Commissioner shall, on application by the
employer, furnish a statement showing in detail all disbursements made.
[65][(5) Compensation deposited in respect of a
deceased workman shall, subject to any deduction made [66][under the
provision to sub-section (1) or] under sub-section (4), be apportioned among
the dependents of the deceased workman or any of them in such proportion as the
Commissioner thinks fit, or may, in the discretion of the Commissioner, be allotted
to any one dependent.
(6) Where any compensation deposited with the Commissioner is payable
to any person, the Commissioner shall, if the person to whom the compensation
is payable is not a woman or a person under a legal disability, and may, in other cases, pay the money to the person entitled
thereto.
(7) Where any lump sum deposited with the Commissioner is payable to a
woman or a person under a legal disability, such sum may be invested, applied
or otherwise dealt with for the benefit of the woman, or of such person during
his disability, in such manner as the Commissioner may direct; and where a half-monthly
payment is payable to any person under a legal disability, the Commissioner
may, of his own motion or on an application made to him in this behalf, order
that the payment be made during the disability to any dependent of the workman
or to any other person whom the Commissioner thinks best fitted to provide for
the welfare of the workman.]
[67][(8)] Where, on application made to him in this
behalf or otherwise, the Commissioner is satisfied that, on account of neglect
of children on the part of a parent or on account of the variation of the
circumstances of any dependent or for any other sufficient cause, an order of the
Commissioner as to the distribution of any sum paid as compensation or as to
the manner in which any sum payable to any such dependent is to be invested,
applied or otherwise dealt with, ought to be varied, the Commissioner may make
such orders for the variation of the former order as he thinks just in the
circumstances of the case:
Provided that no such order
prejudicial to any person shall be made unless such person has been given an
opportunity of showing cause why the order should not be made, or shall be made
in any case in which it would involve the repayment by a dependant of any sum
already paid to him.
[68][(9) Where the Commissioner varies any order under sub-section (8) by
reason of the fact that payment of compensation to any person has been obtained
by, fraud, impersonation or other improper means, any amount so paid to or on
behalf of such person may be recovered in the manner hereinafter provided in
section 31.]
9. Compensation not to be assigned, attached or
charged.– Save as provided by this Act, no lump sum or
half-monthly payment payable under this Act shall in any way be capable of
being assigned or charged or be liable to attachment or pass to any person
other than the workman by operation of law, nor shall any claim be set off
against the same.
10. Notice and claim.– (1) [69][No claim for compensation shall
be entertained by a Commissioner unless notice of the accident has been given
in the manner hereinafter provided as soon as practicable after the happening
thereof and unless the claim is preferred before him within [70][three years] of the occurrence
of the accident or, in case of death, within [71][three years] from the date of
death]:
Provided that, where the accident is the
contracting of a disease in respect of which the provisions of sub-section (2)
of section 3 are applicable, the accident shall be deemed to have occurred on
the first of the days during which the workman was continuously absent from
work in consequence of the disablement caused by the disease:
[72][Provided further that the want
of or any defect or irregularity in a notice shall not be a bar to the [73][entertainment of claim]−
(a) if the claim is [74][preferred] in respect of the
death of a workman resulting from an accident which occurred on the premises of
the employer, or at any place where the workman at the time of the accident was
working under the control of the employer or of any person employed by him, and
the workman died on such premises or at such place, or on any premises
belonging to the employer, or died without having left the vicinity of the
premises or place where the accident occurred, or
(b) if the employer [75][or any one of several employers
or any person responsible to the employer for the management of any branch of
the trade or business in which the injured workman was employed] had knowledge
of the accident from any other source at or about the time when it occurred:]
Provided further that the
Commissioner may [76][entertain]
and decide any claim to compensation in any case notwithstanding that the
notice has not been given, or the claim has not been [77][preferred],
in due time as provided in this subsection, if he is satisfied that the failure
so to give the notice or [78][prefer]
the claim, as the case may be, was due to sufficient cause.
(2) Every
such notice shall give the name and address of the person injured and shall state
in ordinary language the cause of the injury and the date on which the accident
happened, and shall be served on the employer or upon [79][any one of] several employees,
or, upon any person [80][* * *] responsible to the
employer for the management of any branch of the trade or business in which the
injured workman was employed.
[81][(3) The [82][Provincial Government] may
require that any prescribed class of employers shall maintain at their premises
at which workmen are employed, a notice-book, in the prescribed form, which
shall be readily accessible at all reasonable times to any injured workman
employed on the premises and to any person acting bona fide on his behalf.
(4) A
notice under this section may be served by delivering it at, or sending it by registered
post addressed to the residence or any office or place of business of the
person on whom it is to be served, or, where a notice book is maintained, by
entry in the notice-book.]
[83][10-A. Power to require from employers statements regarding fatal
accidents.– (1) Where a Commissioner receives information from any source
that a workman has died as a result of an accident arising out of and in the
course of his employment, he may send by registered post a notice to the workman’s
employer requiring him to submit, within thirty days of service of the notice,
a statement, in the prescribed form, giving the circumstances attending the
death of the workman, and indicating whether, in the opinion of the employer,
he is or is not liable to deposit compensation on account of the death.
(2) If the employer is of opinion that he is liable to deposit
compensation, he shall make the deposit within thirty days of the service of
the notice.
(3) If
the employer is of opinion that he is not liable to deposit compensation, he shall
in his statement indicate the grounds on which he disclaims liability.
(4) Where
the employer has so disclaimed liability, the Commissioner, after such inquiry
as he may think fit, may inform any of the dependents of the deceased workman
that it is open to the dependents to prefer a claim for compensation, and may
give them such other further information as he may think fit.]
[84][10-B. Reports of fatal accident.– (1) Where,
by any law for the time being in force, notice is required to be given to any
authority, by or on behalf of an employer, of any accident occurring on his
premises which results in death, the person required to give the notice shall,
within seven days of the death, send a report to the Commissioner giving the
circumstances attending the death:
Provided that where the [85][Provincial Government] has so
prescribed, the person required to give the notice may, instead of sending such
report to the Commissioner, send it to the authority to whom he is required to
give the notice.
(2) The
[86][Provincial Government] may, by
notification in the [87][official Gazette], extend the
provisions of sub-section (1) to any class of premises other than those coming within
the scope of that sub-section, and may, by such notification, specify the
persons who shall send the report to the Commissioner.]
[88][10-C. Officers authorized may refer cases for payment of compensation.– A
Labour Commissioner, an Inspector of Factories or any other officer authorized
by the Provincial Government for this purpose may refer, in the prescribed
manner, to the Commissioner, cases of workmen who have not been paid due
compensation by employers under the provisions of this Act.]
[89][10-D. Fixation of abstracts of the Act or rules at the entrance of the
premises.– There shall be affixed in some
conspicuous place near the main entrance of every place where workmen are
employed, in English and in the language of the majority of the workmen, such abstracts
of this Act and of the rules made thereunder as may be prescribed.]
11. Medical examination.– [90][(1) Where a workman has given
notice of an accident, the employer shall, before the expiry of three days from
the time at which service of the notice has been effected, have the workman
examined free of charge by a qualified medical practitioner, and the workman
shall submit himself for such examination, and any workman who is in receipt of
a half-monthly payment under this Act, shall if so required, submit himself for
such examination from time to time:
Provided that a workman not examined free
of charge as aforesaid may get himself examined by a
qualified medical practitioner and the expenses of such medical examination shall
be reimbursed to the workman by the employer:
Provided further that a
workman shall not be required to submit himself for examination by a medical
practitioner otherwise than in accordance with rules made under this Act, or at
more frequent intervals than may be prescribed.]
(2) If a workman, on being required to do so by the employer under
sub-section (1) or by the Commissioner at any time, refuses to submit himself
for examination by a qualified medical practitioner or in any way obstructs the
same, his right to compensation shall be suspended during the continuance of
such refusal or obstruction unless, in the case of refusal, he was prevented by
any sufficient cause from so submitting himself.
(3) If a workman, before the expiry of the period within which he is
liable under subsection (1) to be required to submit himself for medical
examination voluntarily leaves without having been so examined the vicinity of
the place in which he was employed, his right to compensation shall be
suspended until he returns and offers himself for such examination.
(4) Where
a workman, whose right to compensation has been suspended under sub-section (2)
or sub-section (3), dies without having submitted himself for medical examination
as required by either of those sub-sections, the Commissioner may, if he thinks
fit, direct the payment of compensation to the dependents of the deceased
workman.
(5) Where under sub-section (2) or
sub-section (3) a right to compensation is suspended, no compensation shall be
payable in respect of the period of suspension, and, if the period of
suspension commences before the expiry of the waiting period referred to in clause
D of sub-section (1) of section 4, the waiting period shall be increased by the
period during which the suspension continues.
(6) Where an injured workman has
refused to be attended by a qualified medical practitioner whose services have
been offered to him by the employer free of charge or having accepted such
offer has deliberately disregarded the instructions of such medical
practitioner, then, [91][if it is proved that the
workman has not thereafter been regularly attended by a qualified medical
practitioner or having been so attended has deliberately failed to follow his
instructions and that such refusal, disregard or failure was unreasonable] in
the circumstances of the case and that the injury has been aggravated thereby,
the injury and resulting disablement shall be deemed to be of the same nature
and duration as they might reasonably have been expected to be if the workman
had been regularly attended by a qualified medical practitioner [92][whose instructions he had
followed], and compensation, if any, shall be payable accordingly.
12. Contracting.– (1) Where any person
(hereinafter in this section referred to as the principal) in the course of or
for the purposes of his trade or business contracts with any other person
(hereinafter in the section referred to as the contractor) for the execution by
or under the contractor of the whole or any part of any work which is
ordinarily part of the trade or business of the principal, the principal shall
be liable to pay to any workman employed in the execution of the work any compensation
which he would have been liable to pay if that workman had been immediately
employed by him; and where compensation is claimed from the principal, this Act
shall apply as if references to the principal were substituted for references
to the employer except that the amount of compensation shall be calculated with
reference to the wages of the workman under the employer by whom he is
immediately employed.
(2) Where the principal is liable to pay compensation under this
section, he shall be entitled to be indemnified by the contractor, [93][or any
other person from whom the workman could have recovered compensation and where
a contractor who is himself a principal is liable to pay compensation or to
indemnify a principal under this section he shall be entitled to be indemnified
by any person standing to him in the relation of a contractor from whom the workman
could have recovered compensation] and all questions as to the right to and the
amount of any such indemnity shall, in default of agreement, be settled by the
Commissioner.
(3) Nothing
in this section shall be construed as preventing a workman from recovering compensation
from the contractor instead of the principal.
(4) This
section shall not apply in any case where the accident occurred elsewhere than
on in or about the premises on which the principal has undertaken or usually
undertakes, as the case may be, to execute the work or which are otherwise
under his control or management.
13. Remedies
of employer against stranger.– Where a
workman has recovered compensation in respect of any injury caused under
circumstances creating a legal liability of some person other than the person
by whom the compensation was paid to pay damages in respect thereof, the person
by whom the compensation was paid and any person who has been called on to pay
an indemnity under section 12 shall be entitled to be indemnified by the person
so liable to pay damages as aforesaid.
14. Insolvency of employer.– (1) Where any employer has
entered into a contract with any insurers in respect of any liability under
this Act to any workman, then in the event of the employer becoming insolvent
or making a composition or scheme of arrangement with his creditors or, if the
employer is a company, in the event of the company having commenced to be wound
up, the rights of the employer against the insurers as respects that liability
shall, notwithstanding anything in any law for the time being in force relating
to insolvency or the winding up of companies, be transferred to and vest in the
workman, and upon any such transfer the insurers shall have the same rights and
remedies and be subject to the same liabilities as if they were the employer,
so, however, that the insurers shall not be under any greater liability to the
workman than they would have been under to the employer.
(2) If
the liability of the insurers to the workman is less than the liability of the employer
to the workman, the workman may prove for the balance in the insolvency proceedings
or liquidation.
(3) Where
in any case such as is referred to in sub-section (1) the contract of the employer
with the insurers is void or voidable by reason of non-compliance on the part
of the employer with any terms or conditions of the contract (other than a
stipulation for the payment of primia), the provisions
of that sub-section shall apply as if the contract were not void or voidable,
and the insurers shall be entitled to prove in the insolvency proceedings or
liquidation for the amount paid to the workman:
Provided that the provisions of this
sub-section shall not apply in any case in which the workman fails to give
notice to the insurers of the happening of the accident and of any resulting
disablement as soon as practicable after he becomes aware of the institution of
the insolvency or liquidation proceedings.
(4) There shall be deemed to be included among the debts which under
section 49 of the [94][Insolvency
(Karachi Division) Act], or under section 61 of the Provincial Insolvency Act,
1920[95], or under
section 230 of the Companies Act, 1913[96], are in
the distribution of the property of an insolvent or in the distribution of the
assets of a company being wound up to be paid in priority to all other debts,
the amount due in respect of any compensation the liability wherefore accrued before
the date of the order of adjudication of the insolvent or the date of the
commencement of the winding up, as the case may be, and those Acts shall have
effect accordingly.
(5) Where
the compensation is a half-monthly payment, the amount due in respect thereof
shall, for the purposes of this section, be taken to be the amount of the lump
sum for which the half-monthly payment could, if redeemable, be redeemed if
application were made for that purpose under section 7, and a certificate of
the Commissioner as to the amount of such sum shall be conclusive proof
thereof.
(6) The
provisions of sub-section (4) shall apply in the case of any amount for which an
insurer is entitled to prove under sub-section (3), but otherwise those
provisions shall not apply where the insolvent, or the company being wound up,
has entered into such a contract with insurers as is referred to in
sub-section(1).
(7) This
section shall not apply where a company is wound up voluntarily merely for the
purposes of reconstruction or of amalgamation with another company.
[97][15. * * * * *
* * * * * * *]
16. Returns as
to compensation.– The [98][Provincial
Government] may, by notification in the [99][official
Gazette], direct that every person employing workmen, or that any specified
class of such persons, shall send at such time and in such form and to such authority,
as may be specified in the notification, a correct return specifying the number
of injuries in respect of which compensation has been paid by the employer
during the previous year and the amount of such compensation, together with
such other particulars as to the compensation as the [100][Provincial
Government] may direct.
17. Contracting out.– Any contract or agreement
whether made before or after the commencement of this Act, whereby a workman
relinquishes any right of compensation from the employer for personal injury
arising out of or in the course of the employment, shall be null and void in so
far as it purports to remove or reduce the liability of any person to pay compensation
under this Act.
18. Proof of age.– Where any question arises as to
the age of a person injured by accident arising out of and in the course of his
employment in a factory, [101][a valid certificate granted in
respect of such person under section 12 or section 52 of the Factories Act,
1934[102]], before the occurrence of the
injury shall be conclusive proof of the age of such person.
[103][18-A. Penalties – (1) Whoever–
(a) fails to maintain a
notice-book which he is required to maintain under sub-section (3) of section
10, or
(b) fails to send to the Commissioner a statement
which he is required to send under sub-section (1) of section 10-A, or
(c) fails to send a
report which he is required to send under section 10-B, or
(d) fails to make a
return which he is required to make under section 16, [104][or]
[105][(e) fails to affix the abstracts of this Act
and of the rules as required by section 10-D,]
shall
be punishable with fine which may extend to [106][five thousand rupees but not less than one thousand rupees.]
[107][(1A) * * * * * *]
(2) No
prosecution under this section shall be instituted except by or with the previous
sanction of a Commissioner, and no Court shall take cognizance of any offence under
this section, unless complaint thereof is made within six months of the date on
which the offence is alleged to have been committed.]
Chapter III
Commissioners
19. Reference to Commissioners.–
(1) If any
question arises in any proceedings under this Act as to the liability of any
person to pay compensation (including any question as to whether a person
injured is or is not a workman) or as to the amount or duration of compensation
(including any question as to the nature or extent of disablement), the
question shall, in default of agreement, be settled by [108][a Commissioner].
20. Appointment of Commissioners.– (1) The [109][Provincial Government] may, by notification
in the [110][official Gazette], appoint any
person to be a Commissioner for Workmen’s Compensation for such area as may be
specified in the notification.
[111][(2) Where more than one Commissioner has been appointed for any local
area, the [112][Provincial Government] may, by
general or special order regulate the distribution of
business between them.]
[113][(3)] Any Commissioner may, for the purpose of deciding any matter
referred to him for decision under this Act, choose one or more persons
possessing special knowledge of any matter relevant to the matter under inquiry
to assist him in holding the inquiry.
[114][(4)] Every Commissioner shall be deemed to be a public servant within
the meaning of the Pakistan Penal Code[115].
21. Venue of proceedings and transfer.– (1) Where any matter is under
this Act to be done by or before a Commissioner, the same shall, subject to the
provisions of this Act and to any rules made hereunder, be done by or before [116][a Commissioner] for the local
area in which the accident took place which resulted in the injury:
Provided that, where the workman is the
master of a [117][* * *] ship or a seaman, any
such matter may be done by or before [118][a Commissioner] for the local
area in which the owner or agent of the ship resides or carries on business.
(2) If a Commissioner is satisfied [119][that any
matter arising out of any proceedings pending before him] can be more
conveniently dealt with by any other Commissioner, whether in the same Province
or not, he may, subject to rules made under this Act, order such matter to be
transferred to such other Commissioner either for report or for disposal, and,
if he does so, shall forthwith transmit to such other Commissioner all
documents relevant for the decision of such matter and, where the matter is
transferred for disposal, shall also transmit in the prescribed manner any
money remaining in his hands or invested by him for the benefit of any party to
the proceedings:
[120][Provided that the Commissioner
shall not, where any party to the proceedings has appeared before him, make any
order of transfer relating to the distribution among dependants of a lump sum
without giving such party an opportunity of being heard:]
Provided [121][further] that no matter other
than a matter relating to the actual payment to a workman or the distribution
among dependants of a lump sum shall be transferred for disposal under this
sub-section to a Commissioner in the same Province save with the previous sanction
of the [122][Provincial Government] or to a
Commissioner in another Province save with the previous sanction of [123][the Provincial Government of that
Province], unless all the parties to the proceedings agree to the transfer.
(3) The Commissioner to whom any
matter is so transferred shall, subject to rules made under this Act, inquire
there into and, if the matter was transferred for report, return his report
thereon or, if the matter was transferred for disposal, continue the
proceedings as if they had originally commenced before him.
(4) On receipt of a report from a
Commissioner to whom any matter has been transferred for report under
sub-section (2), the Commissioner by whom it was referred shall decide the
matter referred in conformity with such report.
[124][(5) The [125][Provincial
Government] may transfer any matter from any Commissioner appointed by it to
any other Commissioner appointed by it.]
22. Form of application.– (1) No application for the
settlement of any matter by a Commissioner [126][, other than an application by
a dependent or dependents for compensation,] shall be made unless and until
some question has arisen between the parties in connection therewith which they
have been unable to settle by agreement.
(2) [127][An application to a
Commissioner] may be made in such form and shall be accompanied by such fee, if
any, as may be prescribed, and shall contain, in addition to any particulars
which may be prescribed, the following particulars, namely:-
(a) a concise statement of the circumstances in which the
application is made and the relief or order which the applicant claims;
(b) in the case of a
claim for compensation against an employer, the date of service of notice of
the accident on the employer and, if such notice has not been served or has not
been served in due time, the reason for such omission;
(c) the names and addresses of the
parties; and
(d) [128][except
in the case of an application by dependents for compensation] a concise
statement of the matters on which agreement has and [129][of] those on which agreement
has not been come to.
(3) If
the applicant is illiterate or for any other reason is unable to furnish the
required information in writing, the application shall, if the applicant so
desires, be prepared under the direction of the Commissioner.
[130][22-A. Power of Commissioner to require further deposit in cases of
fatal accident.– (1) Where any sum has been
deposited by an employer as compensation payable in respect of a workman whose
injury has resulted in death, and in the opinion of the Commissioner such sum is
insufficient, the Commissioner may, by notice in writing stating his reasons,
call upon the employer to show cause why he should not make a further deposit
within such time as may be stated in the notice.
(2) If the employer fails to show cause to the satisfaction of the
Commissioner, the Commissioner may make an award determining the total amount
payable, and requiring the employer to deposit the deficiency.]
23. Powers and Procedure of Commissioners.– The Commissioner shall have all
the powers of a Civil Court under the Code of Civil Procedure, 1908[131], for the purpose of taking
evidence on oath (which such Commissioner is hereby empowered to impose) and of
enforcing the attendance of witnesses and compelling the production of
documents and material objects, [132][and the Commissioner shall be
deemed to be a Civil Court for all the purposes of section 195 and of Chapter
XXXV of the Code of Criminal Procedure, 1898[133]].
24. Appearance of parties.– Any appearance, application or
act required to be made or done by any person before or to a Commissioner
(other than an appearance of a party which is required for the purpose of his
examination as a witness) may be made or done on behalf of such person by a
legal practitioner or [134][by an official of an Insurance
Company or registered Trade Union authorized in writing by such person or, with
the permission of the Commissioner, by any other person so authorized].
25. Method of recording evidence.– The Commissioner shall make a
brief memorandum of the substance of the evidence of every witness as the
examination of the witness proceeds, and such memorandum shall be written and
signed by the Commissioner with his own hand and shall form part of the record:
Provided that, if the Commissioner is
prevented from making such memorandum, he shall record the reason of his
inability to do so and shall cause such memorandum to be made in writing from
his dictation and shall sign the same, and such memorandum shall form part of
the record:
Provided further that
the evidence of any medical witness shall be taken down, as nearly as may be,
word for word.
26. Costs.– All costs, incidental to any
proceedings before a Commissioner, shall, subject to rules made under this Act,
be in the discretion of the Commissioner.
27. Power to submit cases.– A Commissioner may, if he
thinks fit, submit any question of law for the decision of the [135][Tribunal] and, if he does so,
shall decide the question in conformity with such decision.
28. Registration
of agreements.– (1) Where the amount of any lump sum payable as compensation
has been settled by agreement, whether by way of redemption of a half-monthly payment
or otherwise, or where any compensation has been so settled as being payable [136][to a woman
or a person under a legal disability] [137][* * *] a
memorandum thereof shall be sent by the employer to the Commissioner, who shall,
on being satisfied as to its genuineness, record the memorandum in a register
in the prescribed manner:
Provided that–
(a) no such memorandum shall be
recorded before seven days after communication by the Commissioner of notice to
the parties concerned;
[138][(b) * * * * * * * * * * * *]
(c) the Commissioner may, at any time,
rectify the register;
(d) where it
appears to the Commissioner that an agreement as to the payment of a lump sum
whether by way of redemption of a half-monthly payment or otherwise, or an
agreement as to the amount of compensation payable [139][to a woman
or a person under a legal disability] [140][* * *]
ought not to be registered by reason of the inadequacy of the sum or amount, or
by reason of the agreement having been obtained by fraud or under influence or
other improper means, he may refuse to record the memorandum of the agreement [141][and may
make such order] including an order as to any sum already paid under the
agreement, as he thinks just in the circumstances.
(2) An
agreement for the payment of compensation which has been registered under sub-section
(1) shall be enforceable under this Act notwithstanding anything contained in
the Contract Act, 1872[142], or in any other law for the
time being in force.
29. Effect of
failure to register agreement.– Where a memorandum of any agreement, the
registration of which is required by section 28, is not sent to the
Commissioner as required by that section, the employer shall be liable to pay
the full amount of compensation, which he is liable to pay under the provisions
of this Act, and notwithstanding anything contained in the proviso to
sub-section (1) of section 4, shall not, unless the Commissioner otherwise directs,
be entitled to deduct more than half of any amount paid to the workman by way
of compensation whether under the agreement or otherwise.
30. Appeals.– (1) An appeal shall lie to the [143][Tribunal] from the following
orders of a Commissioner, namely:-
(a) an order awarding as compensation a lump sum
whether by way of redemption of a half-monthly payment or otherwise or
disallowing a claim in full or in part for a lump sum;
(b) an order refusing to
allow redemption of a half-monthly payment;
(c) an order providing
for the distribution of compensation among the dependants of a deceased
workman, or disallowing any claim of a person alleging himself to be such
dependant;
(d) an order allowing or
disallowing any claim for the amount of an indemnity under the provisions of
sub-section (2) of section 12; or
(e) an order refusing to
register a memorandum of agreement or registering the same or providing for the
registration of the same subject to conditions:
Provided that no appeal shall be against
any order unless a substantial question of law is involved in the appeal and,
in the case of an order other than an order such as is referred to in clause
(b), unless the amount in dispute in the appeal is not less than [144][five thousand] rupees:
Provided further that no appeal shall be
in any case in which the parties have agreed to abide by the decision of the
Commissioner, or in which the order of the Commissioner gives effect to an
agreement come to by the parties:
[145][Provided
further that no appeal by an employer under clause (a) shall lie unless the memorandum
of appeal is accompanied by a certificate by the Commissioner to the effect
that the appellant has deposited with him the amount payable under the order
appealed against.]
(2) The
period of limitation for an appeal under this section shall be sixty days.
(3) The
provisions of section 5 of the Limitation Act, 1908[146] shall be applicable to appeals
under this section.
[147][(4) * * * * * * * * * * * *]
[148][30-A Withholding of certain payments pending decision of appeal.– Where
an employer makes an appeal under clause (a) of sub-section (1) of section 30,
the Commissioner may, and if so directed by the [149][Tribunal] shall, pending the
decision of the appeal, withhold payment of any sum in deposit with him.]
31. Recovery.– [150][(1)] The Commissioner may
recover as an arrear of land revenue any amount payable by any person under
this Act, whether, under an agreement for the payment of compensation or
otherwise, and the Commissioner shall be deemed to be a public officer within
the meaning of section 5 of the Revenue Recovery Act, 1890[151].
[152][(2) Without prejudice to the provisions of sub-section (1), the
Commissioner may recover in the prescribed manner any amount referred to
therein by distress and sale of the movable property belonging to the person by
whom the amount is payable, or by attachment and sale of the immovable property
belonging to such person.]
Chapter IV
Rules
32. Power of the [153][Provincial Government] to
make rules.– (1) The [154][Provincial Government] may make
rules[155]
to carry out the purposes of this Act.
(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:-
(a) for prescribing the intervals at which
and the conditions subject to which and application for review may be made
under section 6 when not accompanied by a medical certificate;
(b) for prescribing the intervals at which and the conditions subject
to which a workman may be required to submit himself for medical examination
under subsection (1) of section 11;
(c) for prescribing the procedure to be
followed by Commissioner, in the disposal of cases under this Act and by the
parties in such cases;
(d) for regulating the transfer of matters and cases from one
Commissioner to another and the transfer of money in such cases;
(e) for prescribing the
manner in which money in the hands of a Commissioner may be invested for the
benefit of dependants of a deceased workman and for the transfer of money so
invested from one Commissioner to another;
[156][(ee) for prescribing the manner in which any
balance of money may under subsection of section 8 be transferred to a fund or
funds for the benefit of workmen and for the establishment and administration
of such fund or funds;]
(f) for the representation in proceedings
before Commissioners of parties who are minors or are unable to make an
appearance;
(g) for prescribing the
form and manner in which memoranda of agreements shall be presented and
registered;
(h) for the withholding by Commissioners, whether
in whole or in part of half-monthly payments pending decision on applications
for review of the same; [157][* * *]
[158][* * * * * * * * * * *]
[159][(i) for regulating the scales of costs which may be allowed in
proceedings under this Act;
(j) for prescribing and
determining the amount of the fees payable in respect of any proceedings before
a Commissioner under this Act;
(k) for the maintenance
by Commissioners of registers and records of proceedings before them;
(l) for prescribing the
classes of employers who shall maintain notice-book under sub-section (3) of
section 10, and form of such notice books;
(m) for prescribing the
form of statement to be submitted by employers under section 10-A; [160][* * *]
(n) for prescribing the
cases in which the report referred to in section 10B may be sent to an
authority other than the Commissioner] [161][; and]
[162][(o) for prescribing the abstracts of this Act
and of the rules required by section 10 D.]
[163][33. * * * * * * * * * * * *]
34. Publication of rules.–
(1) The power
to make rules conferred by [164][section 32] shall be subject to
the conditions of the rules being made after previous publication.
(2) The date to be specified in accordance
with clause (3) of section 23 of the General Clauses Act, 1897[165], as that after which a draft of
rules proposed to be made under section 32 [166][* * *] will be taken into
consideration, shall not be less than three months from the date on which the
draft of the purposed rules was published for general information.
(3) Rules so made shall be published in [167][* * *] the
[168][official Gazette]
[169][* * *]
and, on such publication, shall have effect as if enacted in this Act.
[170][35. * * * * * * * * * * * * *]
[171][Schedule I
[172][See sections 2 (1) and 4]
List
of injuries deemed to result in permanent total disablement
|
S/N |
Description of injuries |
Percentage of loss of earning capacity |
|
1. |
Loss of both hands or amputation at higher sites |
100 |
|
2. |
Loss of a hand and a foot |
100 |
|
3. |
Double amputation through leg or thigh or amputation through leg or
thigh on one side and loss of other foot |
100 |
|
4. |
Loss of sight to such an extent as to render the claimant unable to
perform any work for which eyesight is essential |
100 |
|
5. |
Very severe facial disfigurement |
100 |
|
6. |
Absolute deafness |
100 |
List
of injuries deemed to result in permanent partial disablement
|
Amputation
cases—upper limbs (either arms) |
||
|
1. |
Amputation through shoulder joint |
90 |
|
2. |
Amputation below shoulder with stump less than 8” from tip of
acromion |
80 |
|
3. |
Amputation from 8” from tip of acromion to less than 4½” below tip of
olecranon |
70 |
|
4. |
Loss of hand or of the thumb and four fingers of one hand or
amputation from 4½” below tip of olecranon |
60 |
|
5. |
Loss of thumb |
30 |
|
6. |
Loss of thumb and its metacarpal bone |
40 |
|
7. |
Loss of four fingers of one hand |
50 |
|
8. |
Loss of three fingers of one hand |
30 |
|
9. |
Loss of two fingers of one hand |
20 |
|
10. |
Loss of terminal phalanx of thumb |
20 |
|
Amputation
cases – lower limbs |
||
|
1. |
Amputation of both feet resulting in end bearing stumps |
90 |
|
2. |
Amputation through both feet proximal to the metatarso
phalangeal joint |
80 |
|
3. |
Loss of all toes of both feet through the metatarso phalangeal joint |
40 |
|
4. |
Loss of all toes of both feet proximal to the proximal inter
phalangeal joint |
30 |
|
5. |
Loss of all toes of both feet distal to the proximal interphalangeal joint |
20 |
|
6. |
Amputation at hip |
90 |
|
7. |
Amputation below hip with stump not exceeding 5” in length measured
from tip of great trochanter |
80 |
|
8. |
Amputation below hip with stump exceeding 5”
in length measured from tip of great trochanter but not beyond middle thigh |
70 |
|
9. |
Amputation below middle thigh to 3½” below knee |
60 |
|
10. |
Amputation below knee with stump exceeding 3½” but not exceeding 5” |
50 |
|
11. |
Amputation below knee with stumps exceeding 5” |
40 |
|
12. |
Amputation of one feet resulting in end-bearing |
30 |
|
13. |
Amputation through one foot proximal to the metatarsophalangeal joint |
30 |
|
14. |
Loss of all toes of one foot through the mataratsophalangeal joint |
20 |
|
|
Other injuries |
|
|
1. |
Loss of one eye, without complication or
the other being normal |
40 |
|
2. |
Loss of vision of one eye without complications disfigurement of
eyeball, the other being normal |
30 |
|
Fingers of right/left hand index finger |
||
|
1. |
Whole |
14 |
|
2. |
Two phalanges |
11 |
|
3. |
One phalanx |
9 |
|
4. |
Guillotine amputation of tip without loss of bone |
5 |
|
Middle finger |
||
|
1. |
Whole |
12 |
|
2. |
Two phalanges |
9 |
|
3. |
One phalanx |
7 |
|
4. |
Guillotine amputation of tip without loss of bone |
4 |
|
Ring or little finger |
||
|
1. |
Whole |
7 |
|
2. |
Two phalanges |
6 |
|
3. |
One phalanx |
5 |
|
4. |
Guillotine amputation of tip without loss of bone |
2 |
|
Toes of right or left foot great toe |
||
|
1. |
Through metatarso-phalangeal joint |
14 |
|
2. |
Part, with some loss of bone |
3 |
|
Any other toe |
||
|
1. |
Through metatarso-phalangeal joint |
3 |
|
2. |
Part, with some loss bone |
1 |
|
Two toes of one foot, excluding great toe |
||
|
1. |
Through metatarso-phalangeal joint |
5 |
|
2. |
Part, with some loss of bone |
2 |
|
Three toes of one foot, excluding great toe |
||
|
1. |
Through metatarso-phalangeal joint |
6 |
|
2. |
Part, with some loss of bone |
3 |
|
Four toes of one foot, excluding great toe |
||
|
1. |
Through metatarso-phalangeal joint |
9 |
|
2. |
Part, with some loss of bone |
3] |
Schedule II
[See
section 2(1)(n)]
List of
persons who, subject to the provisions of section 2(1)(n),
are included in the definition of workmen
The following persons are workmen within
the meaning of section 2 (1) (n) and subject to the provisions of that section,
that is to say, any person who is–
[173][(i) employed, otherwise than [174][* * *] on
a railway, in connection with the operation or maintenance of [175][a lift or
a vehicle propelled by steam or other mechanical power or by electricity]; or
(ii) employed [176][* * *] in any premises wherein,
or within the precincts whereof, on any one day of the preceding twelve months,
ten or more persons have been employed in any manufacturing process, as defined
in [177][clause (g) of section 2 of the
Factories Act 1934[178]], or in any kind of work
whatsoever incidental to or connected with any such manufacturing process or
with the article made, and steam, water or other mechanical power or electrical
power is used [179][* * *]; or
(iii) employed
[180][in any
place to which section 5 of the Factories Act 1934[181] has been
applied or] for the purpose of making, altering, repairing, ornamenting,
finishing or otherwise adapting for use, transport or sale any article or part of
an article in any premises wherein or within precincts whereof on any one day
of the preceding twelve months, fifty or more persons have been so employed; or
(iv) employed in the manufacture or handling of
explosives in any premises wherein, or within the precincts whereof, on any one
day of the preceding twelve months, ten or more persons have been so employed;
or
(v) employed in any mine as defined in clause (f) of
section 3 of the Mines Act, 1923[182], in any mining operation, or in
any kind of work, [183][* * *] incidental to or connected
with any mining operation or with the mineral obtained, or in kind or work
whatsoever below ground:
Provided that any excavation in which on no
day of the preceding twelve months more than fifty persons have been employed
or explosives have been used and whose depth from its highest to its lowest
points does not exceed twenty feet, shall be deemed not to be a mine for the purpose
of this clause; or
[184][(vi) * * * * * * * * * * *]
[185][(vii) * * * * * * * * * * *]
[186][(vii-a) * * * * * * * * * * *]
(viii) employed in the
construction, repair or demolition of–
[187][(a) any building or structure; or]
(b) any dam or embankment,
which is twenty feet or more in height from its lowest to its highest point; or
(c) any road, bridge, or
tunnel; or
[188][(d) * * * * * * * * * * *]
(ix) employed in setting up, repairing,
maintaining, or taking down any telegraph or telephone line or post or any overhead
electric line or cable or post or standard for the same; or
(x) employed, [189][* * *] in the construction,
working, repair or demolition of any aerial ropeway, canal pipeline, or sewer;
or
(xi) employed in the
service of any fire-brigade; or
(xii) employed upon railway as defined in clause (4)
of section 3, and sub-section (1) of section 148 of the Railways Act, 1890[190], either directly or through a sub-contractor,
by a person fulfilling a contract with the railway administration; or
(xiii) employed as an inspector, mail guard, sorter
or van peon in the Railway Mail Service, or employed in any occupation
ordinarily involving outdoor work in the [191][* * *] Posts and Telegraphs
Department; or
[192][(xiii-a) * * * * * * * * * * *]
(xiv) employed, [193][* * *] in connection with
operations for winning natural petroleum or natural gas; or
(xv) employed in any
occupation involving blasting operations; or
(xvi) employed in the making of excavation in which
on any one day of the preceding twelve months more than [194][twenty five] persons have been
employed or explosives have been used, or whose depth from its highest to its lowest
point exceeds twenty feet; or
(xvii) employed in the
operation of any ferry boat capable of carrying more than ten persons; or
(xviii) employed, [195][* * *] on any estate which is
maintained for the purpose of growing cinchona, coffee, rubber or tea, and on
which on any one day in the preceding twelve months twenty-five or more persons
have been so employed; or
(xix) employed, [196][* * *] in the generating,
transforming, or supplying of electrical energy or in the generating or
supplying of gas; or
(xx) employed in a lighthouse as defined in clause
(d) of section 2 of the Lighthouse Act, 1927[197]; or
(xxi) employed in producing
cinematograph pictures intended for public exhibition or in exhibiting such
pictures; or
(xxii) employed in the training,
keeping or working of elephants or wild animals; or
[198][(xxiii) employed in the tapping of palm-trees or the felling or logging of
trees, or the transport of timber by inland waters, or the control or
extinguishing of forest fires; or
(xxiv) employed in
operations for the catching or hunting of elephants or other wild animals; or]
[199][(xxv)] employed as a driver; [200][or]
[201][(xxvi) employed in the handling or transport of
goods in, or within the precinct of–
(a) any warehouse or other place in which goods
are stored, and in which on any one day of the preceding twelve months ten or
more persons have been so employed; or
(b) any market, in which on any one day of the preceding twelve months
one hundred or more persons have been so employed; or
(xxvii) employed in any
occupation involving the handling and manipulation of radium or X-rays
apparatus, or contact with radioactive substances;]
[202][(xxviii) employed as drivers, cleaners, conductors and checkers by Road
Transport Service as defined in sub-section (7) of section 2 of the Road
Transport Workers Ordinance, 1961 (Ordinance XXVIII of 1961).]
Explanation.– In this Schedule, “the
preceding twelve months” relates in any particular case to the twelve months
ending with the day on which the accident in such case occurred.]
Schedule III
[See Section 3]
List of Occupational
Diseases
|
Occupational disease |
Employment |
[203][PART A
|
Anthrax |
Any
employment— (a) involving the handling of wool, hair,
bristles or animal carcasses or parts of such carcasses, including hides,
hoofs and horns; or (b) in connection with animals infected with
anthrax; or (c) involving the
loading, unloading or transport of any merchandise. |
|
Compressed air illness or its sequelae. |
Any process carried on in compressed air. |
|
Poisoning by lead tetra-ethyl. |
Any process involving the use of lead tetra-ethyl. |
|
Poisoning by nitrous fumes. |
Any process involving exposure to nitrous fumes. |
[204]PART B]
|
Lead poisoning or its sequelae [205][excluding
poisoning by lead tetra-ethyl]. |
Any process involving the use of lead [206][or
any of its preparations or compounds except lead tetra-ethyl]. |
|
Phosphorous poisoning or its sequelae |
Any process involving the use of phosphorus or its preparations or
compounds. |
|
[207][Mercury
poisoning or its sequelae. |
Any process involving the use of mercury or its preparations or
compounds. |
|
Poisoning by benzene and its homologues, or the sequelae of such poisoning. |
Handling benzene or any of its homologues and any process in the
manufacture or involving the use benzene or any of its homologues. |
|
Chrome ulceration or its sequelae. |
Any process involving the use of chromic acid or bichromate
of ammonium, potassium or sodium, or their preparations. |
|
[208][Arsenical
poisoning or its sequelae. |
Any process involving the production, liberation or utilization of
arsenic or its compounds. |
|
Pathological manifestations due to– (a) radium and other radio-active substances; (b) X-rays. |
Any process involving exposure to the action of radium, radio-active
substances, or X-rays. |
|
Primary epitheliomatous cancer of the skin. |
Any process involving the handling or use of tar, pitch, bitumen,
mineral oil, paraffin, or the compounds, products or residues of these
substances.]] |
|
[209][Silicosis |
Any process involving the grinding, cleaning, fitting, casting and
crushing of stones.] |
[210][Schedule IV
(See Section 4)
Compensation
payable in certain cases
|
[211][* * *] |
Amount of Compensation
for |
Half-monthly
payment as compensation for temporary disablement |
|
|
Death |
Permanent Total
Disablement |
||
|
1 |
2 |
3 |
4 |
|
|
Rs. |
Rs. |
½ of the monthly wages during the period of disablement or a period
of one year, reckoned from the date of injury, whichever is less and
thereafter only in case of chronic lung diseases ⅓ of the monthly wages
during the period of disablement or for a period of 5 years, reckoned from
the date of injury, whichever is less.] |
|
[212][4,00,000] |
[213][4,00,000] |
||
[1]For Statement of Objects and
Reasons, see, Gazette of India, 1922, Part V, p.313; and for Report of
Joint Committee, see Gazette of India, 1923, Part V, p.37.
This Act was originally in the Federal
ambit, however, the subject on which this law was enacted, devolved to the
provinces by virtue of 18th Amendment in the Constitution, hence it
was adapted, with amendments, for the province of the Punjab by the Workmen’s
Compensation (Amendment) Act 2013 (XXVII of 2013).
[2]The original sub-section (2), as amended by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) (w.e.f. 28 March 1949) and the Federal Laws (Revision and Declaration) Act 1951 (XXVI of 1951) (w.e.f. 10 May 1951), was substituted by the Central Laws (Statute Reforms) Ordinance 1960 (XXI of 1960) (w.e.f. 14 October 1955).
[3]Substituted for the word “
[4]Clause (d) substituted
by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[5]Substituted
for the word “wife” by the Workmen’s Compensation (Amendment) Act 1938 (IX
of 1938).
[6]Substituted for the word “husband” by the Workmen’s Compensation
(Amendment) Act 1938 (IX of 1938).
[7]Inserted by the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[8]Inserted by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[9]Omitted by the
Federal Laws (Revision and Declaration) Ordinance 1981 (XXVII of 1981).
[10]Substituted for the
words “any Legislature in
[11]Substituted for the
word “Central” by the Federal Adaptation of Laws Order 1975 (P.O. 4 of 1975).
[12]Substituted
for the words “Local Government” by the Government of
[13]Substituted
by the Government of
[14]Omitted by the
Workmen’s Compensation( Amendment) Act 1933 (XV of
1933).
[15]Omitted by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[16]Inserted by
the Labour Laws (Amendment) Act 1975 (XI of 1975) and
substituted by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[17]IX of 1890.
[18]The words “either
by way of manual labour or” omitted by the Workmen’s
Compensation (Amendment) Act 1933 (XV of 1933).
[19]The words “on monthly wages not exceeding three thousand rupees”
omitted by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[20]The words “His Majesty” omitted by the Federal Laws
(Revision and Declaration) Ordinance 1981 (XXVII of 1981).
[21]The words “or of the Royal Indian Marine Service” omitted by the
Government of
[22]The original
words “of the Government”, were first substituted by the
Government of India (Adaptation of Indian Laws) Order 1937, as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order 1937 and
then amended by the Central Laws (Adaptation) Order 1961 (P.O. 1 of 1961) to read as above.
[23]Substituted for the original sub-section (3) by the Workmen’s
Compensation (Amendment) Act 1933 (XV of 1933).
[24]Substituted for the words “Governor-General in
Council” by the Government of
[26]Substituted
for the words “Gazette of India” by the Government of
[27]Substituted
for the word “his” by the Government of
[28]Substituted for the word “he” by the
Government of
[29]Inserted
by the Government of
[30]Substituted
for the words “Governor-General in Council” by the Government
of
[31]Substituted for the
word “seven” by the Workmen’s Compensation (Amendment) Act 1957 (XI of 1957)
which had earlier been substituted for the word “ten” by the Workmen’s
Compensation (Amendment) Act 1933 (XV of 1933).
[32]Substituted for the
words “injury to a workman resulting from’, by the Workmen’s Compensation
(Amendment) Act 1933 (XV of 1933).
[33]The word “or”
omitted by the Workmen’s Compensation (Amendment) Act 1929 (V of 1929).
[34]Clause (c)
omitted by the Workmen’s Compensation (Amendment) Act 1929 (V of 1929).
[35]Substituted by
the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[36]Inserted by the
Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[37]Added by the
Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[38]Substituted
for “Governor-General in Council” by the Government of
[39]Substituted for “Gazette
of India” by the Government of
[40]Substituted
for “his” by the Government of
[41]Inserted
by the Government of
[42]Inserted
by the Government of
[43]The words “solely
and” omitted by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[44]This sub-section was substituted by the Workmen’s Compensation
(Amendment) Act 1933 (XV of 1933).
[45]Substituted first
by the Labour Laws (Amendment) Act 1994 (XI of 1994) and then by the Workmen’s
Compensation (Amendment) Act 2013 (XXVII of 2013).
[46]Substituted
by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[47]Inserted
by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[48]The original
section 5 was re-numbered as sub-section (1) of that section by the Workmen’s
Compensation (Amendment) Act 1929 (V of 1929), however, the brackets and figure
“(1)” omitted by the Workmen’s Compensation (Amendment) Act 1938
(IX of 1938).
[49]Substituted for the
words “For the purposes of this Act, the monthly wages of workman shall be
calculated” by the Workmen’s Compensation (Amendment) Act 1939 (XIII of 1939).
[50]Inserted by the
Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[51]The words “deemed
to be” omitted by the Workmen’s Compensation (Amendment) Act 1939 (XIII of
1939).
[52]Original clause
(b) was re-lettered as clause (c) by the Workmen’s Compensation (Amendment) Act
1933 (XV of 1933).
[53]Proviso omitted
by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[54]Substituted for “sub-section”
by the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[55]Subsection (2)
added by the Workmen’s Compensation (Amendment) Act 1929 (V of 1929) and
omitted by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[56]Substituted for original sub-sections (1) to (3) by the Workmen’s
Compensation (Amendment) Act 1929 (V of 1929).
[57]Substituted by
the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[58]Substituted
for the words “an aggregate of one hundred
rupees, and so much of such aggregate as does not exceed” by the Workmen’s
Compensation (Amendment) Act 2013 (XXVII of 2013).
[59]Substituted
for the word “ten” by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[60]Inserted by the
Workmen’s Compensation (Amendment) Act 1929 (V of 1929).
[61]Substituted for “may
deduct” by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[62]Substituted for “fifty
rupees or so much of that cost or of fifty rupees, whichever is less, as has
not already been advanced by the employer on account of such expenses” by the
Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[63]Substituted for the words “twenty five” by the
Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[64]Substituted for “repay
the balance of the money to the employer by whom it was repaid” by the
Workmen’s Compensation (Amendment) Act 1957 (XI of 1957).
[65]Sub-sections (5)
to (7) were substituted for original sub-section (5) by the Workmen’s
Compensation (Amendment) Act 1929 (V of 1929).
[66]Inserted by the
Workmen’s Compensation (Amendment) Act 1957 (XI of 1957).
[67]Original
sub-section (6) renumbered as sub-section (8) by the Workmen’s Compensation
(Amendment) Act 1929 (V of 1929).
[68]Added by the
Workmen’s Compensation (Amendment) Act 1929 (V of 1929).
[69]Substituted by the
Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[70]Substituted for “one
year” by the Workmen’s Compensation (Amendment) Act 1973 (XIV of 1973).
[71]Substituted for “one
year” by the Workmen’s Compensation (Amendment) Act 1973 (XIV of 1973).
[72]This proviso was
inserted by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[73]Substituted for “maintenance of proceedings” by the Workmen’s
Compensation (Amendment) Act 1938 (IX of 1938).
[74]Substituted for “made”
by the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[75]Inserted by the
Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[76]Substituted for “admit”
by the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[77]Substituted for
“instituted” by the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[78]Substituted for “institute”
by
the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[79]Substituted
for “any one or” by the Repealing and Amending Act 1924 (VII of 1924).
[80]The word “directly” omitted by the Workmen’s Compensation (Amendment) Act
1938 (IX of 1938).
[81]Substituted by the Workmen’s Compensation (Amendment) Act 1933 (XV of
1933).
[82]Substituted
for “Local Government” by the Government of
[83]Inserted by the
Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[84]Inserted by the
Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[85]Substituted for “Local
Government” by the Government of
[86]Substituted for “Local
Government” by the Government of
[87]Substituted
for “Local official Gazette” by the Government of
[88]Inserted by the Workmen’s
Compensation (Amendment) Act 1957 (XI of 1957).
[89]Inserted by the Workmen’s
Compensation (Amendment) Act 1957 (XI of 1957).
[90]Substituted for the original sub-section by the Workmen’s Compensation
(Amendment) Act 1957 (XI of 1957).
[91]Substituted for
“if it is thereafter proved that the workman has not been regularly attended by
a qualified medical practitioner and that such refusal, failure or disregard
was unreasonable” by the Workmen’s Compensation (Amendment) Act 1938 (IX of
1938).
[92]Inserted by the
Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[93]Inserted by the
Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[94]Substituted for “Insolvency (
[95]V of 1920.
[96]VII of 1913.
[97]Section
15 “Special provisions relating to master and seamen” omitted by the Workmen’s
Compensation (Amendment) Act 2013 (XXVII of 2013).
[98]Substituted
for “Governor-General in Council” by the Government of
[99]Substituted for “Gazette
of India” by the Government of India (Adaptation of Indian Laws)
Order, 1937, as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[100]Substituted
for
“Governor-General in Council” by the Government of
[101]Substituted
for “a certificate granted in respect of such person under section 7 or section
8 of the Indian Factories Act 1911” by the Workmen’s Compensation (Amendment)
Act 1938 (IX of 1938).
[102]XXV of 1934.
[103]Section 18-A was
inserted by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[104]The word “or”
added by the Workmen’s Compensation (Amendment) Act 1957 (XI of 1957).
[105]Clause (e) added
by the Workmen’s Compensation (Amendment) Act 1957 (XI of 1957).
[106]Substituted
for the words “one hundred rupees” by the Workmen’s Compensation (Amendment)
Act 2013 (XXVII of 2013).
[107]Sub-section (1A)
inserted by the Labour Laws (Amendment) Ordinance
1972 (IX of 1972) and omitted by the Workmen’s Compensation Act 1973 (XIV of
1973).
[108]Substituted for “the
Commissioner” by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[109]Substituted
for “Local Government” by the Government of India (Adaptation of Indian Laws)
Order 1937, as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order 1937.
[110]Substituted for “Local official Gazette” by the
Government of
[112]Substituted
for “Local Government” by the Government of India (Adaptation of Indian Laws)
Order 1937, as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order 1937.
[113]The old
sub-section (2) re-numbered as sub-section (3), by the Workmen’s
Compensation (Amendment) Act 1933 (XV of 1933).
[114]The old
sub-section (3) re-numbered as sub-section (4), by the Workmen’s
Compensation (Amendment) Act 1933 (XV of 1933).
[116]Substituted for “the
Commissioner” by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[118]Substituted for “the
Commissioner” by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[119]Substituted for “by
any party to any proceedings under this Act pending before him that such matter”
by the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[120]This proviso was
inserted by the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[121]Inserted by the
Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[122]Substituted for “Local
Government” by the Government of
[123]Substituted
for “the Governor-General in Council” by the Government of
[124]This sub-section
was inserted by the Workmen’s Compensation Amendment) Act 1933 (XV of 1933).
[125]Substituted for “Local
Government” by the Government of
[126]Inserted by
the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[127]Substituted
for “Where any such question has arisen, the application” by the Workmen’s
Compensation (Amendment) Act 1933 (XV of 1933).
[128]Inserted by the
Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[129]Substituted for “on”
by the Repealing and Amending Act 1925 (XXXVII of 1925).
[130]Inserted by
the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[131]V of 1908.
[132]Inserted by
the Workmen’s Compensation (Amendment) Act 1929 (V of 1929).
[133]V of 1898.
[134]Substituted
for “other person authorized in writing by such person” by the Workmen’s
Compensation (Amendment) Act 1938 (IX of 1938).
[135]Substituted for “High
Court” by the Labour Laws (Amendment) Act 1975 (XI of
1975).
[136]Substituted for “to
a person under a legal disability” by the Workmen’s Compensation (Amendment) Act
1929 (V of 1929).
[137]The words “or to
a dependent” were repealed by the Repealing and Amending Act 1924 (VII of
1924).
[138]Omitted by the
Workmen’s Compensation (Amendment) Act 1929 (V of 1929).
[139]Substituted for “to
a person under a legal disability” by the Workmen’s Compensation (Amendment) Act
1929 (V of 1929).
[140]The words “or to
any dependent” were repealed by the Repealing and Amending Act 1924 (VII of
1924).
[141]Substituted for “or
may make such order” by the Repealing and Amending Act 1924 (VII of 1924).
[142]IX
of 1872.
[143]Substituted for “High
Court” by the Labour Laws (Amendment) Act 1975 (XI of
1975).
[144]Substituted
for the words “three hundred” by the Workmen’s Compensation (Amendment) Act
2013 (XXVII of 2013).
[145]This proviso inserted
by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[146]IX of 1908.
[147]Sub-section
(4) added by the Labour Laws (Amendment) Act 1975 (XI of
1975) and omitted by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[148]This section was
inserted by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[149]Substituted for “High
Court” by the Labour Laws (Amendment) Act 1975 (XI of
1975).
[150]Section 31
renumbered as sub-section (1) by the Labour Laws
(Amendment) Act 1976 (XI of 1976).
[151]I
of 1890.
[152]Added by the Labour Laws (Amendment) Act 1976 (XI of 1976).
[153]Substituted
for “Governor-General in Council” by the Government of
[154]Substituted
for “Governor-General in Council” by the Government of
[155]For the Workmen’s
Compensation Rules, 1924, see General R&O.
[156]Clause (ee) added by the Workmen’s Compensation Act 1957 (XI
of 1957).
[157]The word “and”
omitted by the Government of
[158]Clause (i)
omitted by the Government of
[159]Clauses (i) to
(n), which were same as clauses (a) to (f) of omitted section 33, inserted by the
Government of
[163]Section 33 “Power of Local Government to make rules” repealed by
the Government of
[164]Substituted
for “sections 32 and 33” by the Government of
[166]The words and
figure “or section 33” omitted by the Government of India
(Adaptation of Indian Laws) Order 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order 1937.
[167]The words “Gazette
of India or” omitted by the Government of
[168]Substituted
for “Local official Gazette” by the Government of
[169]The words “as
the case may be” omitted by the Government of
[170]Section 35 “Rules to give effect to arrangements with other
countries for the transfer of money paid as compensation” was inserted by
the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933) and omitted by the
Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[171]Substituted for
the original Schedule by the Labour Laws (Amendment)
Ordinance 1972 (IX of 1972).
[172]Substituted for “section
2 (1) and (4)” by Labour Laws (Amendment) Act 1972 (V
of 1972).
[173]Clauses (i) to (xxvii)
and the Explanation were substituted by the Workmen’s Compensation (Amendment) Act
1933 (XV of 1933).
[174]The words “in a
clerical capacity or” omitted by the Workmen’s Compensation (Amendment) Act 1973
(XIV of 1973).
[175]Substituted for “mechanically
propelled vehicle” by the Workmen’s Compensation (Amendment) Act 1938 (IX of
1938).
[176]The words “otherwise
than in a clerical capacity” omitted by the Workmen’s Compensation (Amendment) Act
1957 (XI of 1957).
[177]Substituted for “clause
(4) of section 2 of the Indian Factories Act 1911” by the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[178]XXV
of 1934.
[179]The words “but
not persons employed solely in a clerical capacity in any room or place where
no manufacturing process is being carried on” inserted by the Workmen’s
Compensation (Amendment) Act 1957 (XI of 1957) and omitted by the Workmen’s
Compensation (Amendment) Act 1973 (XIV of 1973).
[180]Inserted by the
Workmen’s Compensation (Amendment) Act 1957 (XI of 1957).
[181]XXV
of 1934.
[182]IV
of 1923.
[183]The words “other
than clerical work” omitted by the Workmen’s Compensation (Amendment) Act 1973
(XIV of 1973).
[184]Omitted
by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[185]Omitted
by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[186]Entry (vii-a)
added vide Federal Ministry of Health & Social Welfare Notification LO 21
(73), 58 30-3-1959 and omitted by the Workmen’s Compensation (Amendment) Act
2013 (XXVII of 2013).
[187]Substituted for the original sub-clause (a) by the Workmen’s
Compensation (Amendment) Act 1957 (XI of 1957).
[188]Omitted
by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[189]The words “otherwise
than in a clerical capacity”, omitted by the Workmen’s Compensation (Amendment)
Act 1973 (XIV of 1973).
[190]IX
of 1890.
[191]The word “Indian”
omitted by the Adaptation of Central Acts
and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[192]Added vide Ministry
of Law & Labour (Labour
Division) Notification No. LC-21(2)/49, dated 20th October 1949,
published in the Gazette of Pakistan 1949, Pt-I, page 498, and omitted by the
Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[193]The words “otherwise
than in a clerical capacity” omitted by the Workmen’s Compensation (Amendment) Act
1973 (XIV of 1973).
[194]Substituted for “fifty”
by the Workmen’s Compensation (Amendment) Act 1957 (XI of 1957).
[195]The words “otherwise
than in a clerical capacity” omitted by the Workmen’s Compensation (Amendment) Act
1973 (XIV of 1973).
[196]The words “otherwise
than in a clerical capacity” omitted by the Workmen’s Compensation (Amendment) Act
1973 (XIV of 1973).
[197]XVII
of 1927.
[198]Clauses (xxiii) and (xxiv) were inserted by the Workmen’s Compensation
(Amendment) Act 1938 (IX of 1938).
[199]The original
clause (xxiii) was re-numbered as clause (xxv) by the Workmen’s Compensation
(Amendment) Act 1938 (IX of 1938).
[200]The word “or” added
by the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[201]Clauses (xxvi)
and (xxvii) inserted by the Workmen’s Compensation (Amendment) Act 1938 (IX of
1938).
[202]Clause (xxviii) added by Notification 1-I-L-IV/65(II) of Dec. 13, 1965,
Gazette of Pak. Pt. I, Jan. 7, 1966, p. 13.
[203]Inserted by the
Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[204]The Part has
been amended in its application to the Federal Capital by SRO 581 dated 3rd
December 1959, see Gazette of Pakistan 1959, Pt I, page
552.
[205]Added by the
Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[206]Substituted for “or
its preparations or compounds” by the Workmen’s Compensation (Amendment) Act 1938
(IX of 1938).
[207]These entries
were added by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933).
[208]The entry was added
by the Workmen’s Compensation (Amendment) Act 1933 (XV of 1933) and substituted
by the Workmen’s Compensation (Amendment) Act 1938 (IX of 1938).
[209]Added in its
application to the Federal Capital only vide Notification SRO 581 dated
3.12.1959.
[210]Substituted by Labour Laws (Amendment) Act 1994 (XI of 1994).
[211]Entries in the first column omitted by the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[212]Substituted for the figure “Rs.2,00,000” by
the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).
[213]Substituted for the figure “Rs.2,00,000” by
the Workmen’s Compensation (Amendment) Act 2013 (XXVII of 2013).