77. Delegation of powers.— The Governing Body may direct that all or any of its powers and functions may, in relation to such matter, and subject to such conditions, if any, as may be specified, be also exercisable by the Commissioner or any other officer or authority subordinate to the Institution.
78. Protection of proceedings of the Governing Body.— No act or proceeding of the Governing Body shall be invalid or questioned merely on the ground of existence of any vacancy therein or of any defect in the constitution thereof or in the appointment or qualification of any member.
79. Power to make rules.— (1) Government may, subject to the condition of previous publication, by notification, make rules to carry out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-
(i) the manner in which names of persons from whom members of the Governing Body may be appointed shall be submitted by organisations of employers and employees recognised by Government for that purpose;
(ii) powers and functions of the Governing Body;
(iii) fees and allowances of the members of the Governing Body;
(iv) qualifications to be possessed by the Medical Advisor;
(v) times and rates at which and conditions subject to which contributions and the special tax shall be payable [* * *];
(vi) percentage or amount by which contributions and special tax in arrears may be increased under section 23;
(vii) increase of [* * *] contribution under section 26 where employer fails to observe rules of safety or hygiene;
(viii) branches of social security and other purposes for which separate accounts shall be maintained by the Institution;
(ix) times at which, amounts up to which and the manner in which security reserves shall be established and maintained;
(x) investment of surplus moneys, realisation of investments and reinvestment of the proceeds;
(xi) times at which and the manner in which the budget shall be prepared and submitted to Government;
(xii) form and the manner in which the Institution shall keep accounts of its income and expenditure and of its assets and liabilities;
(xiii) times at which and the manner in which the accounts of the Institution shall be audited by the external auditor;
(xiv) matters which the annual report of the Institution shall cover;
(xv) times within which claims for benefit shall be made;
(xvi) remuneration and conditions of service of officers to be appointed by Government under this Ordinance;
(xvii) any other matter which is required or allowed by this Ordinance to be prescribed.
80. Power to make regulations.— (1) The Governing Body may, subject to the condition of previous publication, by notification, make regulations not inconsistent with the provisions of this Ordinance or the rules.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
(i) the manner in which medical practitioners shall be authorised to give certificates required under any of the provisions of this Ordinance, the form of such certificates and the duties of medical practitioners in that regard;
(ii) occupational diseases which may cause employment injury;
(iii) qualifications which a person practising medicine shall possess for appointment as a medical practitioner under section 17 or to be authorised to give certificates under sections 35, 36 and 39 or for recognition for any other purpose under this Ordinance;
(iv) times and places at which meetings of the Governing Body shall be held;
(v) amount of contributions owed to the institution which shall disqualify a person from being or continuing to be a member of the Governing Body;
(vi) duties of Medical Advisor in connection with medical care;
(vii) powers, functions, fees and allowances of medical practitioners and medical board and the areas for which and the manner in which they shall be appointed;
(viii) powers of the Governing Body to employ officers and staff for administration of the affairs of the institution;
(ix) method of recruitment, pay and allowances, superannuation benefits and other conditions of service of officers and servants of the Institution;
(x) powers of the Commissioner with regard to appointment, transfer, promotion, dismissal and other matters affecting the staff of the Institution;
(xii) the manner in which daily wages shall be calculated for the purpose of determining the contribution payable;
(xiii) determination of wages for computation of contributions where the mode of payment of remuneration, in cash or kind, makes such computation difficult;
(xiv) records to be kept and returns to be submitted by employers, times at which and the form in which such returns are to be submitted, and the particulars relating to employees to be stated in such returns;
(xv) form of certificate authorising an official of the Institution to exercise the powers of inspection under section 22;
(xvi) the manner in which any claim of the Institution for unpaid contributions may be extinguished;
(xvii) powers and duties of internal auditor;
(xviii) conditions of entitlement to receive sickness, maternity and injury benefit, disablement pension, disablement gratuity, death grant, survivor’s pension and medical care;
(xix) the items of medical care in respect of specified disease to which a secured person shall be entitled;
(xx) the manner in which medical care shall be provided;
(xxi) arrangements under which beneficiaries shall share the costs of certain kinds of medical care and the manner in which such costs shall be determined;
(xxii) the form and manner in which claims for benefits shall be preferred, and the documents, information and evidence which shall accompany such claims;
(xxiii) the manner in which and the times and places at which payment in respect of benefits shall be made;
(xxiv) determination, for the purpose of repayment to the Institution, of the value of any benefit received otherwise than in cash;
(xxv) determination of the actuarial present value of any periodical payment for which the Institution becomes liable by reason of a wrongful act or omission of the employer or his agent;
(xxvi) the manner in which and the time within which complaints, questions and disputes shall be decided;
(xxvii) the circumstances and manner in which, on new facts coming to light, the Institution may reopen cases and review decisions;
(xxviii) the manner in which supplies for the use of the Institution shall be obtained and immovable property hired or acquired, and in which such supplies or property shall be sold or otherwise disposed of; and
(xxix) any other matter not provided for in this Ordinance or rules and necessary to give effect to the provisions of this Ordinance.
81. Supersession of certain laws, etc.— Workmen’s compensation and maternity benefit payable under the Workmen’s Compensation Act, 1923 (VIII of 1923), the Employers’ Liability Act, 1938 (XXIV of 1938), the Mines Maternity Benefit Act, 1941 (XIX of 1941), the West Pakistan Maternity Benefit Ordinance, 1958 (West Pakistan Ordinance XXXII of 1958), or under any other law shall not be payable in respect of any employment on or after the appointed day in respect of such employment and the enactments and laws aforesaid shall, in so far as they are inconsistent with the provisions of this Ordinance, cease to have effect.
82. Repeal.— The Employees’ Social Insurance Ordinance, 1962 (XXII of 1962), in its application to the Province of West Pakistan, is hereby repealed.
This Ordinance was promulgated by the Governor of West Pakistan on 14th May, 1965; approved by the Provincial Assembly of West Pakistan on 8th July, 1965, under clause (3) of Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); and, published in the West Pakistan Gazette (Extraordinary), dated 8th July, 1965; pages 3579-3610.
Substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for “West Pakistan”.
Substituted ibid., for “West Pakistan, except the Tribal Areas”.
The words “and includes any amount payable by or on behalf of the employee” deleted by the Labour Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
Inserted by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
Substituted ibid for the semicolon.
Substituted by the West Pakistan Employees Social Security (Amendment) Ordinance, 1969 (XLVII of 1969), for the words “ranges from five per cerium to twenty per centum”.
Inserted by the Labour Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
Substituted by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of 2002).
Substituted by the Labour Laws (Amendment) Ordinance, 2001 (Federal Ord. LIII of 2001).
Substituted by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994) for semicolon.
Substituted by the Labour Laws (Amendment) Ordinance, 2001 (Federal Ord. LIII of 2001).
Inserted by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of 2002).
Substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for “Government of West Pakistan”.
Inserted by the Labour Laws (Amendment) Ordinance, 2001 (Federal Ord. LIII of 2001).
Omitted by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of 2002).
Substituted by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of 2002).
Substituted by the West Pakistan Employee’s Social Security (Punjab Amendment) Act, 1973 (V of 1973).
Substituted by the West Pakistan Employees’ Social Security (Punjab Amendment) Ordinance, 1971 (X of 1971), for “the Medical Advisor, ex-officio”.
Substituted by the West Pakistan Employees’ Social Security (Punjab Amendment) Ordinance, 1971 (X of 1971), for the word “the”.
Deleted by the West Pakistan Employee’s Social Security (Punjab Amendment) Act, 1973 (V of 1973).
Substituted by the West Pakistan Employees’ Social Security (Punjab Amendment) Ordinance, 1971 (X of 1971).
Substituted by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994), for the full-stop.
Substituted by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of 2002).
Deleted by the Labour Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
Added by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of 2002).
Deleted by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
Inserted by the Labour Laws (Amendment) Ordinance, 2001 (Federal Ord. LIII of 2001).
Substituted by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of 2002).
Added by the Labour Laws (Amendment) Ordinance, 2001 (Federal Ord. LIII of 2001).
Substituted by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of 2002).
Substituted by the Labour Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972), for “Every person or his”.
The words “in respect of such person”, deleted ibid.
Substituted by the West Pakistan Employees’ Social Security (Punjab Amendment) Ordinance, 1971 (XV of 1971).
Substituted by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
Section 37, re-numbered as sub-section 1, by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
Substituted by the West Pakistan Employees Social Security (Amendment) Ordinance, 1969 (XLVII of 1969).
Inserted by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
The words “other than the first three days” deleted by the West Pakistan Employees’ Social Security (Punjab Second Amendment) Ordinance, 1971 (XXVI of 1971). The same amendment was made by the Federal Government by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
Added by West Pakistan Employees Social Security (Punjab Amendment) Act, 1975 (II of 1975).
This clause (c) was substituted by the West Pakistan Employees’ Social Security (Punjab Second Amendment) Ordinance, 1971 (XXVI of 1971), but was not substituted by the Federal Government and reads as follows:-
“(c) where the survivor is a dependent child, upon his attaining the age of [twenty one] years;”
The words in crotchet, however, have been substituted by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994), for “sixteen” and thereafter the following proviso has also been added:
“Provided that such age limit shall not apply to dependent unmarried daughters”;
Substituted by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
Added by the Labour Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
Added by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
Substituted by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (Pk. Ordinance No.CIV of 2002).
Added by the Labour Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
The words “or whether he is liable to pay the secured person’s contribution”, deleted ibid.
The word “employer’s” deleted by the Labour Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
Added ibid., and deleted by the West Pakistan Employee’s Social Security (Punjab Amendment) Act, 1973 (XV of 1973).
Substituted by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
Substituted by the Labour Laws (Amendment) Act, 1994 (Federal Act XI of 1994).
See Gazette of
The words “and the ratio of the employer’s contribution to the employees contribution”, deleted by the Labour Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).
The word “employer’s”, deleted ibid.
Deleted by the Labour Laws (Amendment) Ordinance, 1972 (Federal Ordinance IX of 1972).