(W.P. Ord. X of 1965)
C O N T E N T S
Sections
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application.
2. Definitions.
CHAPTER II
ORGANISATION
3. Establishment and incorporation of Employees’ Social Security Institution.
4. Management.
5. Governing Body.
6. Powers and functions of the Governing Body.
7. Meetings of the Governing Body.
8. Authentication of orders, etc.
9. Supersession of the Governing Body.
10. Fees and allowances.
11. Resignation.
12. Disqualifications.
13. Filling of casual vacancies.
14. Head Office.
15. Medical Advisor.
16. Duties of Medical Advisor.
17. Medical practitioners and Medical Boards.
18. Commissioner and Vice-Commissioner.
19. Officers and staff of the Institution.
CHAPTER III
CONTRIBUTIONS
20. Amount and payment of contributions.
21. Records and returns by employees.
22. Officials of Institution to check employer’s books.
23. Increase of unpaid contributions and recovery of contributions, etc., as arrears of land revenue.
24. Safeguard of secured persons’ rights in default of payment of contributions by employer.
25. Return of contributions paid erroneously.
26. Increase of contributions where safety rules not observed.
27. Extinguishment of claims to contributions.
CHAPTER IV
FINANCE AND AUDIT
28. Employees’ Social Security Fund.
29. Security reserves.
30. Investments and loans.
31. Budget.
32. Accounts and Audit.
33. Annual Reports.
34. Valuation of assets and liabilities.
CHAPTER V
BENEFITS
35. Sickness benefit.
36. Maternity benefit.
37. Death grant.
38. Medical care during sickness and maternity.
38-A. Medical care of dependents, etc.
39. Injury benefits.
40. Disablement pension.
41. Disablement gratuity.
42. Survivor’s Pension.
43. Death grant in case of death while in receipt of injury benefit or total disablement pension.
44. Medical care in the case of employment injury.
45. Extent of medical care.
46. Manner of providing medical care.
47. Institution’s power to promote measures for health, welfare etc. of secured persons.
48. Manner of claiming benefit.
49. Benefit not assignable or attachable.
50. Exemption from stamp duty.
51. Non-duplication of benefits.
52. Repayment of benefit improperly received.
53. Institution’s right to recover damages from employer in certain cases.
54. Institution’s right to be indemnified in certain cases.
54-A. Extent of benefits, etc.
55. Recovery of amounts due.
CHAPTER V-A
MEDICAL TREATMENT OF
DOMESTIC SERVANTS
55-A. Medical treatment of domestic servants.
CHAPTER VI
DETERMINATION OF
QUESTIONS AND CLAIMS
56. Assessment of disablement.
57. Decisions on complaints, questions and disputes.
58. Review on account of new facts.
59. Appeal to
60. Constitution of
61. Jurisdiction of Social Security Courts.
62. Powers of
63. Appearance by legal practitioners.
64. Appeal.
65. Stay of payment pending appeals.
CHAPTER VII
OFFENCES AND PENALTIES
66. Offences.
67. Prosecution.
CHAPTER VIII
MISCELLANEOUS
68. Contributions, etc., to have priority over other debts.
69. Exemption from taxes.
70. Levy of special tax.
71. Review and modification of wage limits, contribution and benefits.
72. Employers not to dismiss or punish employee during the period of sickness, etc.
73. Bar on benefits under other law.
74. Suit for damages in a
75. Members and servants of the Institution to be public servants.
76. Removal of difficulties.
77. Delegation of powers.
78. Protection of proceedings of the Governing Body.
79. Power to make rules.
80. Power to make regulations.
81. Supersession of certain laws, etc.
82. Repeal.
THE [PROVINCIAL] EMPLOYEES’ SOCIAL SECURITY ORDINANCE, 1965
(W.P. Ordinance X of 1965)
[17 May 1965]
An Ordinance to introduce a scheme of Social Security for providing benefits to certain employees or their dependents in the event of sickness, maternity, employment, injury or death and for matters ancillary thereto
Preamble.— WHEREAS it is expedient to introduce a scheme of Social Security for providing benefits to certain employees or their dependents in the event of sickness, maternity, employment, injury or death, and for matters ancillary thereto;
AND WHEREAS the Provincial Assembly of West Pakistan is not in session and the Governor of West Pakistan is satisfied that circumstances exist which render immediate legislation necessary;
Now, THEREFORE, in exercise of the powers conferred on him by clause (1) of Article 79 of the Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:-
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application.— (1) This Ordinance may be called the [Provincial] Employees’ Social Security Ordinance, 1965.
(2) It extends to the whole of [
(3) It shall come into force at once, but shall apply only to such areas, classes of persons, industries or establishments, from such date or dates, and with regard to the provision of such benefits as Government may, by notification, specify in this behalf.
2. Definitions.— In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say—
(1) “appointed day” means in relation to any area, class of persons, industries, establishments or benefits, the day on which this Ordinance is applied to such area or in respect of such class of persons, industries, establishments or benefits;
(2) “Chairman” means the Chairman of the Governing Body;
(3) “Commissioner” means the Commissioner of the institution;
(4) “confinement” means labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child, whether alive or dead;
(5) “contribution” means the sum of money payable to the institution by an employer in respect of an employee, [* * *] in accordance with the provisions of this Ordinance;
(6) “dependent” means the wife or wives or a needy invalid husband [, dependent parents] and any unmarried children under the age of [twenty-one] years dependent upon the secured person [:]
[Provided that such age limit shall not apply to unmarried dependent daughters;]
(7) “disablement” means a condition caused by an employment injury which, as certified by a medical practitioner authorised for the purpose as provided in the regulations, has permanently reduced or is likely to reduce permanently a secured person’s earning capacity, and disablement shall be “minor” where the loss of earning capacity [is less than twenty per centum], “partial” where the loss of earning capacity ranges from twenty-one per centum to sixty-six per centum, and “total” where the loss of earning capacity is in excess of sixty-six per centum;
[(7-a) “domestic servant” means any person working whole-time in connection with the work of any household for any consideration, whether in cash or in kind];
[(8) “employee” means any person employed, whether directly or through any other person for wages or otherwise to do any skilled or unskilled, supervisory, clerical, manual or other work in, or in connection with the affairs of an industry or establishment, under a contract of service or apprenticeship, whether written or oral, expressed or implied but does not include—;]
(a) persons in the service of the State, including members of the Armed Forces, Police Force and Railway servants;
(b) persons employed in any undertaking under the control of any Defence Organization or Railway Administration;
(c) persons in the service of a local council, a municipal committee, a cantonment board or any other local authority;
(d) any person in the service of his father, mother, wife, son or daughter, or of her husband;
(f) any person employed on wages exceeding [five thousand] rupees per mensem[:]
[Provided that an employee shall not cease to be an employee for the reason that his monthly wages exceed [five thousand] rupees];
(9) “employer” means in the case of works executed or undertakings carried on by any contractor or licensee on behalf of the State, the contractor or licensee working for the State, and in every other case the owner of the industry, business, undertaking or establishment in which an employee works and includes any agent, manager or representative of the owner;
(10) “employment injury” means a personal injury to a secured person caused by an accident or by such occupational disease as may be specified in the regulations, arising out of and in the course of his employment;
(11) “establishment” means an organisation, whether industrial, commercial, agricultural or otherwise;
(12) “Fund” means the Employees’ Social Security Fund set up under section 3;
(13) “Governing Body” means the Governing Body of the institution;
(14) “Government” means the [Federal or a] [Provincial Government];
(15) “industry” means any business, trade, undertaking, manufacture or calling of employers, and includes any calling, service, employment, handicraft, industrial occupation or avocation of workmen;
(16) “Institution” means the Employees’ Social Security institution established under section 3;
(17) “Medical Advisor” means the Medical Advisor appointed under section 15;
(18) “medical board” means a board consisting of two or more medical practitioners, appointed under section 17;
(19) “medical practitioner” means a person practising medicine and having such qualifications as may be provided in the regulations;
(20) “Member” means a member of the Governing Body;
(21) “prescribed” means prescribed by rules;
(22) “registered Trade Union” means a Trade Union registered under the Trade Unions Act, 1926 (XVI of 1926);
(23) “regulations” means regulations made under this Ordinance;
(24) “rules” means rules made under this Ordinance;
(25) “secured person” means a person in respect of whom contributions are or were payable under this Ordinance;
[(25a) “Self-Assessment Scheme” means a scheme of social security benefits, effective from the Ist July, 2001, with no intervention through checking by any staff member of the Institution, in respect of employees secured under this Ordinance [ * * * * ] and the employer undertakes to pay a contribution in respect of them [at the fixed rate of two hundred ten rupees] per month per secured employee;]
(26) “sickness” means a condition which requires medical treatment or necessitates abstention from work on medical grounds;
(27) “Social Security Area” means an area to which this Ordinance has been applied;
(28) “
(29) “strike” and “lock-out” shall have the same meaning as is respectively assigned to them in the Industrial Disputes Ordinance, 1959 (LVI of 1959);
(30) “wages” means remuneration for service paid or payable in cash or in kind to a secured person, not being less than remuneration based on the minimum rates of wage declared under the Minimum Wages Ordinance, 1961 (XXXIX of 1961), without taking account of deductions for any purpose, under a contract of service or apprenticeship, expressed or implied, and shall be deemed to include any dearness allowance or other addition in respect of the cost of living and any payment by the employer to a secured person in respect of any period of authorised leave, illegal lock-out or legal strike; but does not include—
(a) any payment for overtime; or
(b) any sum paid to the person employed to defray special expenses entailed by the nature of his employment; or
(c) any gratuity payable on discharge; or
(d) any sum paid as bonus by the employer;
(31) “week” means a period of seven days commencing at
