011006

No. F.2(1)/2001-Pub. The following Ordinance promulgated by the President is hereby published for general information:-

further to amend certain laws relating to workmen’s 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 workmen’s 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 necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the 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 from the 1^st day of July, 2001.

2. Amendment of certain laws.—The laws specified in the Scheduel below are hereby amended to the extent and in the manner specified in the fourth column thereof.

S.No.	Number and year of the enactment	Short title	Amendments
1.	2.	3.	4.
1.	Act No. VIII of 1923	The Workmen’s Compensation Act, 1923	In schedule IV, for the figure "1,00.000", occuring twice the figure "2,00.000" shall be substituted.
2.	Act No. IV of 1936.	The Payment of Wages Act, 1936	(1) In section 1, -- (a) the sub-section (4),-- (i) the words "in the first instance" shall be omitted; and (ii) after the word "factory" the commas and words, "industrial establishment or commercial establishment", shall be inserted; and (b) sub-sections (5) and (6) shall be omitted. (2) In section 2, the existing clause (i) shall be renumbered as clause (ia) of that section, and before clause (ia) renumbered as aforesaid, the following new clause shall be inserted, namely:- "(I) "commercial establishment" means a commercial establishment as defined in the West Pakistan Industrial and Commercial (Standing Orders) Ordinance, 1968 (W.P. Ordinance VI of 1968)."
3.	Act No. XIX of 1941	The Mines Maternity Benefit Act, 1941.	In section 5, in sub-section (1), for the words "twelve annas a day for every day" the words "last pay drawn" shall be substituted.
4.	W.P. Ordinance No. X of 1965	The Provincial Employees’ Social Security Ordinance, 1965.	(1) In section 2, -- (a) in clause (8), in sub-clause (f),-- (i) for the words "three thousand" the words "five thousand" shall be substituted; and (ii) in proviso, for the words "three thousand" the words "five thousand" shall be substituted; and (b) after clause (25), the following new clause shall be inserted, namely:- "(25a) "self-assessment scheme" means a scheme of social security benefits, effective from the 1^st Jul, 2001, with no intervention through checking by any staff member of the Institution, in respect of employees secured under this Ordinance as on 30^th June, 2001, and the employer undertakes to pay a contribution in respect of them up to a maximum amount of three hundred fifty rupees per month per secured employee." (2) After section 20, the following new section shall be inserted, namely:- "20A. Self-assessment scheme.—(1) Notwithstanding anything contained in this Ordinance, an employer who opts for the self-assessment scheme shall be liable to pay to the Institution a contribution up to maximum amount of three hundred fifty rupees per month per secured employee. (2) the liability of an employer to pay contribution under the self-assessment scheme shall be in respect of those employees who were secured under this Ordinance on the 30^th June, 2001. (3) Every employee secured under this Ordinance in respect of whom the employer pays contribution shall be liable to pay through the employer an amount of twenty rupees per month as his share to the Institution.". (3) In section 22, after sub-section 93), the following new sub-section shall be added, namely:- "(4) No staff member of the Institution shall visit the premises of any establishment, opting for the self-assessment scheme under section 20A, for the purpose of checking of employers’ books, record, etc, during the period the self-assessment scheme remains in operation."
5.	Act no. XII of 1968.	The Companies Profits (Workers Participation) Act, 1968.	(1) In section 2, in clause (f), for the words "three thousand" the word "five thousand" shall be substituted. (2) In the Schedule, in paragraph 4, -- (a) in clause (a), under the heading "Categories", for the existing entries the following shall be substituted namely:- "1. Workers drawing average monthly wages not exceeding two thousand two hundred rupees. 2. Workers drawing average monthly wages exceeding two thousand two hundred rupees but not exceeding three thousand two hundred rupees. 3. Workers drawing average monthly wages exceeding three thousand two hundred rupees but not exceeding five thousand rupees."; and (b) in clause (d), for the words "three thousand" the words "six thousand" shall be substituted.
6.	Ordinance No. XXXVI of 1971.	The Workers Welfare Fund Ordinance 1971.	In section 6, for clause (b) the following shall be substituted, namely:- "(b) the financing of other welfare Measures including education training, re-skilling and apprenticeship for the welfare of the workers;".
7.	Act No. XIV of 1976.	The Employees’ Old-Age Benefits Act, 1976.	(1) In section 1, in sub-section (4), after clause (i) the following new clause shall be inserted, namely:- "(ia) wherein less than ten persons are employed if such industry or establishment voluntarily applies for application of this Act and this Act shall apply to such industry or establishment form the date of submission of an application by such industry or establishment; or" (2) In section 2, after clause (o), the following new clause shall be inserted, namely:- "(oa) "self-assessment scheme" means a self-assessment scheme according to which no inspection shall be made under sub-section (1) of section 12 for a period of two years;". (3) In section 9, in sub-section (1), in the second provision, for the full stop, at the end, a colon shall be substituted and thereafter the following new proviso shall be added, namely:- "Provided also that in case an employer opts for a self-assessment scheme, no contribution shall be payable on so much of an insured persons’ wages as is in excess of five thousand rupees.". (4) After section 9A, the following new section shall be inserted, namely:- "9B. Contribution by insured person.—On an from the 1^st day of July, 2001, the contribution shall be payable every month by an insured person at the rate of twenty rupees in the prescribed manner.". (5) In section 12, in sub-section (1), in clause (c), for the full stop, at the end, a colon shall be substituted and thereafter the following proviso shall be added namely:- "Provided that such official shall not enquire into or inspect any establishment which has opted for self-assessment scheme for a period of two years from the date of submission of application for ascertaining the amount of payment of the contribution.".