Companies Profits (Workers Participation) Act, 1968
Stored extracted text; legal completeness and current force have not been independently established. Inspect source and version details
Reading view reduces excess blank space and hides page extraction markers. Original text and downloads are retained.
Reading layout follows the stored source. Open the original transcription below to compare wording and extraction details.
THE COMPANIES PROFITS (WORKERS PARTICIPATION) ACT, 1968
THE SCHEDULE
Updated till 14.04.2023
THE COMPANIES PROFITS (WORKERS PARTICIPATION) ACT, 1968.
1Act No. XII OF 1968
[5th July, 1968] An Act to provide for Participation of workers in the profits of companies. WHEREAS it is expedient to provide for participation of workers in the profits of companies and for matters ancillary thereto ; AND WHEREAS the national interest of Pakistan in relation to the achievement of uniformity within the meaning of clause (2) of Ar ticle131 of the Cons titution requires Central legislation in the matter;
It is hereby enacted as follows :__
Section 1. Short title, extent and commencement
(1) This Act may be called the Companies Profits (Workers Participation) Act, 1968.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
Section 2. Definitions
In this Act, unless there is anything repugnant in the subject or context,__
(a) “Board” in relation to a Fund means a Board of Trustees constituted under section 4 for the management and administration of the Fund;
(b) “company” means a company within the meaning of 2[Companies Ordinance, 1984 (XLVII of 1984)], and includes—
(i) a body corporate established by or under any law for the time being in force;
(ii) any institution, organization or association whether incorporated or not, declared by the 3 [ Federal Government] in the official Gazette to be a company for the purposes of this Act;
(c) “Fund” means a Workers Participation Fund established under section 3;
(d) “Profits” in relation to a company means such of the “net Profits ” as defined in section 87C of the Companies Act, 1913, as are attributable to its business, trade, undertakings or other operations in Pakistan; 4[(dd) “rules” means rules made under this Act; ]
_________________________________________________________________________________
1For Statement of Objects and Reasons, see Gaz., of P., 1968, Extraordinary, p. 461.
*The Act has been applied to the Provincially Administered Tribal Areas or to the parts or those areas to which it does not already apply, see Regulation No. 1 of 1972, s. 2 and Sch.
2 Subs. and ins. by Act IV of 2007, s. 7 sub-sect.(1) clauses (a) & (b) (w.e.f. 1-7-2007).
3Subs. and shall be deem ed to have been so subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch., for “Central Government” w.e.f. 14-8-1973).
4Clause (dd) added by the Companies Profit (Workers Participation) (Amdt.) Ordinance, 1970, (12 of 1970), s.2.
(e) “scheme” means the scheme set out in the S chedule; 1[(f) “worker” in relation to a company, means an employee of the company 2[,including e mployed by or through the contractors ,] who falls within the definition of a worker a s defined in clause (xxx) of section 2 of the Industrial Relations Ordinance, 2002 (XCI of 2002) and has been 2[working for or in] the company for a period of not less than six months.]
[3] Section 3. Establishment of Fund
(1) Every company to which the scheme applies shall__
(a) establish a Workers Participation Fund in accordance with the scheme as soon as the accounts for the year in which the scheme becomes applicable to it are finalised, but not later than nine months after the close of that year; 4[*]
5[(b) subject to adjustments, if any, pay every year to the Fund not later than nine months after the close of that year five percent of its profits during such year 6[* * *]; and
(c) furnish to the Federal Government and the Board, not later than nine months after the close of every year of account, its audited accounts for that year, duly signed by its auditors.]
(2) The amount paid to the Fund under clause (b) of sub-section (1) in relation to a year shall be deemed to have been allocated to the Fund on the first day of the year next succeeding that
year.
Section 4. Management of the Fund
(1) As soon as may be 7[but not later than two months], after the establishment by a company of a Fund under section 3, there shall be constituted a Board of Trustees consisting of the following trustees, namely:—
(a) two persons elected by the workers of the company from amongst themselves; and
(b) two persons nominated by the management of the company of whom at least one shall be a person from the accounts branch of the company.
(2) The person’s bolding office as trustees s hall elect f or one year a person to be the chairman of the Board alternately from amongst the trustees elected under clause (a) of sub-section
(I) and those nominated under clause (b) of that sub-section, t he first Chairman being from amongst the latter.
(3) A trustee shall, unless he sooner ceases to represent the interest he was e lected or nominated to represent, hold office for such term and on such conditions as may be prescribed by
rules.
1Subs. by Act. III of o6, s.7.
2 Ins. and Subs. by Act IV of 2007, s. 7 (w.e.f. 1-7-2007).
3Subs. by the Companies Profits; Workers’ Participation) (Amdt.) Ordinance, 1970 (12 of 1970) s. 3, for the original sections 3 and 4.
4The word “and” omitted by the Labour Laws (Amdt.) Act, 1977 (17 of 1977), s. 2 and Sch.
5Subs. ibid., for Cl. (b). which was previously amended by various enactments.
6Omitted by Act IV of 07,s.7 (with effect from 01-07-2007).
7Ins. by the Labour Laws (Amdt.) Act, 1977 (17 of 1977), s. 2 and Sch.
(4) All decisions of the Board shall be expressed in terms of the opinion of the majority of the trustees and in the event of the trustees being equally divided in their opinions, the Chairman shall have and exercise a second or casting vote.
(5) The Board shall manage and administer the Fund in accordance with the provisions of this Act, the scheme and any rules made in this behalf.
(6) The Board shall, in the exercise of its powers and performance of its functions under this Act, be subject to such directions as the 1[Federal Government] may from time to time give.
(7) The 1[Federal Government], if it is of opinion that a trustee or a Board has been persistently failing in the performance of his or its functions or has generally been act ing in a manner inconsistent with the objects and interests of the Fund, may, after giving such trustee or, as the case may be, the Board, an opportunity of showing cause against it, by order, __
(a) remove such trustee from his office or direct that the Board shall stand superseded for such period as may be specified in the order; and
(b) direct that, pending the election or nomination of a person in place of the trustee removed from office or, as the cast may be, the re-constitution of the Board, the powers and functions of the trustee so removed or the Board shall be exercised and performed by a person specified in the order.
(8) A casual va cancy in the office of a trustee shall be filled as soon as may be by the election or, as the case may be, nomination of another person and the person elected or nominated to fill such vacancy shall hold office for the unexpired term of his predecessor.
(9) Upon the supersession of a Board under sub-section (7) the trustees in that Board shall cease to hold office and references to the Board in this Act, the scheme and the rules shall be construed as references to the officer specified in the order under that sub-section.
(10) Before the expiry of the period of supersession, the Board shall be re-constituted in accordance with the provisions of this Act so as to enable it to take over its functions upon the expiry of such period.
(11) No act or proceeding of the Board shall be invalid or questioned merely on the ground of the existence of a vacancy in, or defect in the constitution of the Board.]
Section 5. Penalty
2 [ (1) Where a company to which the scheme applies fails to comply with any of the provisions of this Act or the scheme, every director, manager or other officer responsible for the management of the affairs of t he company, shall, if the Federal Government by order so directs, pay by way of penalty a s um which may extend to five thousand rupees and, in case of a continuing failure, a further sum which may extend to one thousand rupees for every day after the first during which the failure continues.]
(3) A penalty imposed by an order under sub-section 3 [(1)] shall, if it is not paid within the time specified in the order, be recoverable as an arrears of land revenue.
1Subs. and shall be deemed to have been so subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975) s. 2 and Sch. for “Central Government” (w.e.f.14-8-73)
2Subs. by the Labour Laws (Amdt.) Act, 1977 (17 of 1977), s. 2 and Sch. for sub-sections (1) and (2).
3Subs.ibid. for “(2)”
(4) The 1[Federal Government] may, upon an application made in this behalf by any person aggrieved by an order made under sub-section (1) 2 [* * *] within a period of six months from the date of the order, review the order and may, upon such review, pass such order as it may think fit.
3[(5) Notwithstanding anything contained in this Act or the scheme, if any defaulting employer strictly complies with the provisions of section 3 and distributes the benefits in accordance with paragraph 4 of the scheme for the pe riod of default on or before the date fixed by the Federal Government, no such penalty shall be imposed and the company shall not be liable to pay interest as
provided in paragraph 2 of the scheme.]
[4] Section 6. Po wer to call for information
The 1[Federal Government] may , at any time, call upon a company or a Board to furnish it with such information and documents, including the records of the proceedings of the company or the Board, as may be relevant or useful for the purpose of, or necessary for ensuring pr oper compliance with, the provisions of this Act, the rules and the scheme.
Section 7. Settlement of disputes, etc
(1) Any di fference a rising between the Boa rd and the company relating to the ad ministration of the scheme s hall be reported to the 1[ Federal Government] whose decision thereon shall be final.
(2) All claims of a worker relating to the benefits of the scheme, whether a gainst the Board or the company, shall be settled in the same manner as is provided for in the Payment of Wages Act, 1936 (IV of 1936), for the settlement of claims arising out of deductions from wages.
Section 8. Delegation of power
The 1[Federal Government) may, by notification in the official Gazette, direct that all or any of its powers or functions under this 5[Ordinance] may, subject to such limitations, restrictions or conditions, if any, as may be specified in the notification, be exercised or performed also by any officer subordinate to it or by any authority so specified.
7[8A. Power to exempt.⸻ The Federal Government may, through notification in the offic ial Gazette,⸻
(a) declare that any company or class of companies shall be exempt from the application of the scheme; and
(b) exempt any company or class of co mpanies from any amoun t payable under section 3 of this Act.]
Section 9. Power to make rules
The 1[Federal Government] may make rules6 to carry out the purposes of this Act.
Section 10. Act to override other laws
The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force, or in a ny contract or the memorandum or articles of association of a company.]
1Subs. and shall be deemed to have been so subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. for “Central Government”. (w.e.f. 14-8-73).
2The words “or sub-section (2)” omitted by Act 17 of 1977 s.2 and Sch.
3Added by Act III of 06, s.7.
4 Subs. by the Companies Profits (Workers Participation) (Amendment) Ordinance, 1970 (12 of 1970) s. 4 for the original sections 6 and 7.
5Sic. Should read “Act”. 6For Companies Profits (Workers Participation) Rules, 1971, see Gazette of Pakistan, 1971, Extraordinary, page 1038.
7Ins. by Act. no. XXXV of 2022.
THE SCHEDULE
SCHEME
[ See Section 2(e)]
Paragraph 1. Scope of the scheme
The scheme applies to all companies 1[*] engaged in industrial undertakings w hich satisfy any one of the following conditions, and to such other companies as the 2[Federal Government] may, by notification in the official Gazette, specify in this behalf, namely :__
(i) The number of workers employed by the company 3[* **] at any time during a year is 4[50] or more.
(ii) The paid-up capital of the company as on the last day of its accounting year is Rs.20 lakhs or more.
(iii) The value of the fixed assets of the company (at cost) as on the last day of the accounting year is Rs. 40 lakhs or more5[:]
5[Provide that for the companies established on or after 1st day of July 2006,__
(a) clause (ii) shall have effect as if for the figure and word “20 lacs” the figure and word “5 million” were substituted; and
(b) clause (iii) shall have effect as if for the figure and word “40 lakhs” the figure and word “20 million” were substituted.]
6[Explanation.__ In this scheme,__
(a) “industrial undertaking” means an institution, organization, enterprise or establishment whic h involves the use of electrical., mechanical, thermal, nuclear or any other form of energy transmitted mechanically and not generated by h uman or animal agency and w hich is engaged in any one or more of the following operation, namely:__
(i) the subjection of goods or materials to any manufacturing, assembly, finishing or other artificial or natural process, which changes their original condition or add to their value;
(ii) ship-building;
(iii) the transformation, generation, conversion, transmission or distribution of electrical energy, including hydraulic power; and
(iv) the working of a mine, oil well or any other source of minera l deposit, including blending, refining and purification or oils and gases;
and includes companies engaged in the ma rketing and distribution of gas or oil or in the carriage of men or goods by sea or air, and any other institution, organization, enterprise or establishment which the 2[Federal Government] may, by notification in the official Gazette, declare to be an ind ustrial undertaking for the purposes of this scheme; and
1The word “primarily” omitted by the Companies Profits (Workers Participation (Amendment) Ordinance, 1970 (12 of 1970), section 5.
2Subs. and shall be deemed to have been so subs. by the Labour La ws (Amdt.) Act, 1975 (11 of 1975),s.2 and Sch. for “Central Government”, (w.e.f. 14-8-73).
3The words “in any shift” omitted by the Companies Profits (Workers Participation) (Amdt.) Act, 1973 (20 of 1973), s.3.
4Subs. ibid., for “100”.
5Subs. & added by Act III of 06, s. 7.
6Explanation added, by Ord. 12 of 1970,s.5.
(b) references to the paid -up capital and the value of the fixed assets of the company shall, in th e case of a company incorporated outside Pakistan but having a branch in Pakistan , b e construed as references respectively to the capital invested in such branch and value of the fixed assets of the branch.]
[1] Paragraph 2. Investment of Fund
(1) The amount allocated or accruing to the Fund shall be available to the company for its business operations. The company may, however, request the Board to utilize the amount in the Fund for investment under sub-paragraph (7) and the Board may decide to so invest the amount.
(2) The company shall pay to the Fund in respect of the amount in the Fund available to it for its business operations as aforesaid interest at the rate of 2- 1 / 2% above the bank rate or 75 percent of the rate at which dividend is declared on its ordinary shares, whichever is higher. In case there is more than one class of ordinary shares on which different rates of dividend have been declared, then the weighted average of the different rates of dividend shall be taken for the purpose of determining the rate of interest. The interest to the Fund shall accrue on and from the first day of the year next succeeding the year in which the scheme becomes applicable to the company. Even when the company does not wish to utilize the amount available to it under sub-paragraph (1), interest at the rate aforesaid shall be payable by the company for the period between the date of allocation of any amount to the Fund and the date of its investment under sub-paragraph (7).
(3) If, at any time after the establishment of the Fund, the company raises any additional capital, otherwise than through the issue of bonus or bonus shares, the Fund shall have the first option to convert any amount available to the company under sub-paragraph (I) or any of the assets of the Fund into ordinary equity capital up to a ceiling of 20 per cent of the paid up capital of the company prior to such conversion on 50 per cent of the additional capital, whichever is less.
Explanation. —In this sub-paragraph, “additional capital” does not include any capital offered or to be offered to foreign participates of the company.
(4) For the exercise of the right of conversion under sub-paragraph (3), the Board shall be given sufficient time to sell assets of the Fund to realise the amount needed for subscription to the additional issue of capital by the company.
(5) The shares acquired in the manner set out in sub-paragraph (3) Shall participate in future bonus and right issues in the same manner as other shares.
(6) The shares acquired in the manner set out in sub-paragraph (3) shall carry voting rights in the same manner as other shares and such voting rights shall be exercised by the Board on behalf of the Fund.
(7) The amount in the Fund which, under sub-paragraph (1), the company has requested to be utilized for investment under this paragraph my be invested by the Board for the purchase of any of the following, namely:—
(a) I.C. P. Mutual Fund Certificate;
(b) National Investment Trust (Unit) Certificates;
1Subs. by the companies Profits (Workers Participation) (Amendment) Ordinance, 1970 (12 of 1970), s. 5, for the original para 2.
(c) Government securities including Defence and Postal Savings Certificates; and
(d) any other securities approved for the purpose by the 1[Federal Government].
[2] Paragraph 3. Eligibility to benefits of scheme
All workers shall be eligible to the benefits of the scheme and to participate in the Fund. However, a worker not completing six months of employment with the company during a year of account shall not participate in the Fund in respect of that year
Paragraph 4. Distribution of benefits to worker
The share of a worker in the annual allocation to the Fund shall be expressed in units or fractions of units (worked out to two places of decimal) of the face value of Rs.10 determined in the following manner, namely:—
3[a) The number of available units shall be so divided into three parts for the three ca tegories of workers mentioned below that a worker in the first of those categories gets four units for each two units that a worker in the second of those categories gets or for each one unit that a worker in the last of those categories gets.
Categories
4[1. Workers drawing average monthly wages not exceeding seven thousand five hundred rupees.
2. Workers drawing average monthly wages exceeding seven thousand five hundred rupees but not exceeding fifteen thousand.
3. Workers dr awing average monthly wa ges exceeding fifteen thousand rupees.]
(b) The average monthly wages shall be rounded up to the nearest Rs.10.
(c) The number of units available to each category of workers shall be divided equally among all the workers in that category to determine the share of each workers of that category.
5[(d) Notwithstanding anything contained in this scheme, no worker shall, in any one year, be entitled out of the annual allocation to units exceeding rupees 6[the amount of 4[four] times of the minimum wages for unskilled workers as given in the schedule of Minimum Wages for unskilled Workers Ordinance, 1969 (W.P. Ord. XX of 1969)] in value in so far as such allocation is relatable to 7 [* * *] of clause b of sub-section (1) of section 3. Any amount left out of annual allocation after the units have been so allocated shall be transferred to the Fund constituted un der section 3 of the Workers Wel fare Fund Ordinance, 1971 (XXXIV of 1971). No part of such amount shall be deemed to be included in the asset value of the Fund established under this Act and no individual worker shall have any lien on this amount by virtue of holding any units].
1Subs. and shall be deemed to have been so subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch., for “Central Government”, (w.e.f. 14-8-73).
2Subs. by the Companies Profits (Workers Participation) (Amendment) Ordinance, 1970 (12 of 1970), section 5, for the original paras 3 and
4.
3Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and Sch., for cl. (a).
4Subs. by Act IV of 07.
5Subs. by the Labour Laws (Amdt.) Ordinance 1972 (9 of 1972), s. 2 and, Sch., for cl. (d)
6 Subs by Act III of 2006, s. 7.
7The words “sub-clause (i) of “omitted by the Companies profits (Workers Participation) (amdt.), Act 1973 (20 of 1973), s. 3.
Explanations. — In this paragraph, “average monthly wages” means total wages dr awn during the year of acco unt divided by 12, or by the number of months a worker actually worked during a year in respect of which he is entitled to the benefit under the scheme, as the case may be, and “wages” has the same meaning as in clause (vi) of section 2 of the Payment of Wages Act, 1936 (IV of 1936), but does not include any overtime allowance 1[or bonus],
Paragraph 5. Disbursement of benefits
The disbursement of the benefits from the Fund shall be as under: __
(a) 100 % of the annual income of the Fund, including capital gains realized, shall be distributed each year to workers in proportion to their units of entitlement.
2[b) A worker who voluntarily leaves the employment of the company or whose services are terminated shall be entitled to receive 100 per cent of the net asset value of the units standing in his name.];
3[* * * * * * *]
4[(f) A worker who continues in the service of the company shall be entitled to receive 100 per cent of the net asset value of the units in his name each year or he may choose to leave his share in the Fund :
Provided that a worker while in employment may choose to encash all the units standing in his name at any time at his discretion.].
(g) A worker, in the event of his retirement or, his nominated beneficiary, in the event of the worker's death (from whatsoever cause) while in the employment of the company, shall receive 100 % per cent of the, net asset value of the units standing in the worker’s name 5[* * *].
Paragraph 6. Definition of the net asset value of the unit
To determine the net asset value of a unit, the total net assets of the Fund, namely, market value of the securities, cash and other assets resulting from the investment and re-investment, capital accretion thereto and all in comes of any kind rising there-from shall be divided by the number of units in the Fund. Net asset value of the entire Fund shall be computed once every year and each worker's unit en titlement determined at the same time. Additional units will be given to the workers according to the amount they voluntarily contribute to the
Fund.
[6] Paragraph 7. Employee's own contribution
A worker may voluntarily choose to contribute a part of his wages, cash bonus, dividend or interest to the Fund. For each unit of contribution, he sh all receive credit for 1-1/4 units. Contribution received during the course of a year of acco unt sh all, however, be deemed to be contribution received on the last day of that year. If at any time a worker chooses to leave the employment of the company or 7[his services are terminated or in the event of his retirement or death or' on the expiry of three years from the date he voluntarily chooses to contribute a part of his wages, cash bonus, dividend or interest to the Fund, he, at his option, or, in the event of his death, his nominated beneficiary, may], receive the net asset value of the units representing his contribution. The contribution by a worker in any one year of account shall not exceed 10 per cent of his annual wages during such year.]
1Add by Ordinance 4 of 1985, s. 3.
2Subs. by the Companies Profits (Workers Participation) (Amdt.) Act, 1973 (20 of 1973), s. 3, for cl. (b), which was previously amended by
Ord. 12 of 1970, s. 5.
3Cls. (c), (d) and (e) omitted ibid.
4Subs. by the Companies Profits (Workers’ Participation) (Amdt.) Act, 1973 (20 of 1973), s. 3, for cl. (f) 5Certain words omitted ibid.
6Subs. by the Companies Profits (Workers Participation) (Amdt.) Ordinance, 1970 (12 of 1970), s. 5, for the original para 7.
7Subs. by Act, 20 of 1973, s. 3, for certain words.
Paragraph 8. Fiscal concessions to the companies
All companies to whom the scheme applies shall be allowed the allocation made to the scheme as a deduction to arrive at the taxable income.
Paragraph 9. Tax treatment of the income of the fund
The income of the Fund including capital gains shall be exempt from income-tax.
Paragraph 10. Tax treatment of the income to the workers
All sums paid out by the Fund shall be exempt from income-tax in the hand of the workers.
[1] Paragraph 11. Worki ng and location of the Board of Trustees
The office of the Board of Trustees shall be located at the factory premises or, if there is more than one factory run by the company, at the registered head office of the company. All expenses of the Board, including the cost of maintaining accounts, shall be borne by the company.]
Paragraph 12. Audit of the Fund accounts
The Fund accounts shall be audited annually at the company's expense in the same manner as the accounts of the company are audited :
Provided that the 2[Federal Government] may, at its own cost, appoint independent accountants for a special audit of the accounts of the Fund.
Paragraph 13. Scheme’s benefits to be in addition to other benefits
The benefits to a worker under t his scheme shall be in addition to, and not in derogation or substitution of, any other benefits to which the worker may be entitled under any other law, contract, terms and conditions of employment or otherwise.
[3] Paragraph 14. Special provision f or industries working s easonally
Notwithstanding anything contained in this Act or this scheme the 2[Federal Government] may, by 4notification in the o fficial Gazette, make special provisions for the participation of workers in the profit of companies engaged in industrial undertakings which operate only for a part of the year.
Paragraph 15. C ompanies e ngaged in more t han one industrial undertakings
Notwithstanding anything contained in this Act or this scheme, the 2[Federal Government] may, at the request of a company which is engaged in more than one industrial undertakings located at di fferent p laces permit the splitting up of the Fund amongst the various undertakings or groups of undertakings and constitution of the Board of Trustees for each such undertaking or group of undertakings; and thereupon the provisions of this Act and this scheme shall have effect in relation to such undertakings or groups as if each such undertaking or group were a company.
Paragraph 16. E ntrustment of management of Fund to Investment Corporation of Pakistan etc
The Board of Trustees may, with the prior approval of the 2[Federal Government], enter into a con tract with the Investment Corporation of Pakistan, the National Investment Trust or the National Bank of Pakistan, entrusting the management of the Fund to that Corporation, Trust or Bank on such fee, which sh all be pa yable by the com pany, and on such terms a nd conditions as may be mutually agreed upon.]
1Subs. by the Companies Profits (Workers Participation) (Amdt.), Ordinance, 1970 (12 of 1970), s. 5, for original para 11.
2Subs. and shall be deemed to have been so subs. by the Labour Laws, (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch., for “Central Government” (w.e.f. 14-8-73).
3Paras.14, 15 and 16 added, ibid., by Ord. 18 of 1970, s. 5. 4For Such notification, see Gaz. of Pak., 1971, Ext. page 1037.
Print contents from the source
CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of Fund.
4. Management of the Fund.
5. Penalty.
6. Power to call for information.
7. Settlement of disputes, etc.
8. Delegation of power.
9. Power to make rules.
10. Act to override other laws.Compare the original stored transcription
Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: c576a1664a675715c1918f5e9dd8e755b32cbeeb3e731e380b37ca8eb94700a5.
Page 1 of 10
THE COMPANIES PROFITS (WORKERS PARTICIPATION) ACT,
1968
CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of Fund.
4. Management of the Fund.
5. Penalty.
6. Power to call for information.
7. Settlement of disputes, etc.
8. Delegation of power.
9. Power to make rules.
10. Act to override other laws.
THE SCHEDULE
Updated till 14.04.2023
Page 2 of 10
THE COMPANIES PROFITS (WORKERS PARTICIPATION) ACT, 1968.
1Act No. XII OF 1968
[5th July, 1968]
An Act to provide for Participation of workers in the profits of companies.
WHEREAS it is expedient to provide for participation of workers in the profits of
companies and for matters ancillary thereto ;
AND WHEREAS the national interest of Pakistan in relation to the achievement of
uniformity within the meaning of clause (2) of Ar ticle131 of the Cons titution requires Central
legislation in the matter;
It is hereby enacted as follows :__
1. Short title, extent and commencement.__ (1) This Act may be called the Companies
Profits (Workers Participation) Act, 1968.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions. __ In this Act, unless there is anything repugnant in the subject or context,__
(a) “Board” in relation to a Fund means a Board of Trustees constituted
under section 4 for the management and administration of the Fund;
(b) “company” means a company within the meaning of 2[Companies
Ordinance, 1984 (XLVII of 1984)], and includes—
(i) a body corporate established by or under any law for the time being
in force;
(ii) any institution, organization or association whether incorporated or not,
declared by the 3 [ Federal Government] in the official Gazette to
be a company for the purposes of this Act;
(c) “Fund” means a Workers Participation Fund established under section 3;
(d) “Profits” in relation to a company means such of the “net Profits ” as
defined in section 87C of the Companies Act, 1913, as are attributable to its
business, trade, undertakings or other operations in Pakistan;
4[(dd) “rules” means rules made under this Act; ]
_________________________________________________________________________________
1For Statement of Objects and Reasons, see Gaz., of P., 1968, Extraordinary, p. 461.
*The Act has been applied to the Provincially Administered Tribal Areas or to the parts or those areas to which it does not already apply, see
Regulation No. 1 of 1972, s. 2 and Sch.
2 Subs. and ins. by Act IV of 2007, s. 7 sub-sect.(1) clauses (a) & (b) (w.e.f. 1-7-2007).
3Subs. and shall be deem ed to have been so subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch., for “Central
Government” w.e.f. 14-8-1973).
4Clause (dd) added by the Companies Profit (Workers Participation) (Amdt.) Ordinance, 1970, (12 of 1970), s.2.
Page 3 of 10
(e) “scheme” means the scheme set out in the S chedule;
1[(f) “worker” in relation to a company, means an employee of the company
2[,including e mployed by or through the contractors ,] who falls within the
definition of a worker a s defined in clause (xxx) of section 2 of the Industrial
Relations Ordinance, 2002 (XCI of 2002) and has been 2[working for or in]
the company for a period of not less than six months.]
3[3. Establishment of Fund. — (1) Every company to which the scheme applies shall__
(a) establish a Workers Participation Fund in accordance with the scheme as
soon as the accounts for the year in which the scheme becomes applicable
to it are finalised, but not later than nine months after the close of that year;
4[*]
5[(b) subject to adjustments, if any, pay every year to the Fund not later than
nine months after the close of that year five percent of its profits during such
year 6[* * *]; and
(c) furnish to the Federal Government and the Board, not later than nine
months after the close of every year of account, its audited accounts for that
year, duly signed by its auditors.]
(2) The amount paid to the Fund under clause (b) of sub-section (1) in relation to a year
shall be deemed to have been allocated to the Fund on the first day of the year next succeeding that
year.
4. Management of the Fund.— (1) As soon as may be 7[but not later than two
months], after the establishment by a company of a Fund under section 3, there shall be constituted
a Board of Trustees consisting of the following trustees, namely:—
(a) two persons elected by the workers of the company from amongst themselves;
and
(b) two persons nominated by the management of the company of whom at least
one shall be a person from the accounts branch of the company.
(2) The person’s bolding office as trustees s hall elect f or one year a person to be the
chairman of the Board alternately from amongst the trustees elected under clause (a) of sub-section
(I) and those nominated under clause (b) of that sub-section, t he first Chairman being from
amongst the latter.
(3) A trustee shall, unless he sooner ceases to represent the interest he was e lected or
nominated to represent, hold office for such term and on such conditions as may be prescribed by
rules.
1Subs. by Act. III of o6, s.7.
2 Ins. and Subs. by Act IV of 2007, s. 7 (w.e.f. 1-7-2007).
3Subs. by the Companies Profits; Workers’ Participation) (Amdt.) Ordinance, 1970 (12 of 1970) s. 3, for the original sections 3 and 4.
4The word “and” omitted by the Labour Laws (Amdt.) Act, 1977 (17 of 1977), s. 2 and Sch.
5Subs. ibid., for Cl. (b). which was previously amended by various enactments.
6Omitted by Act IV of 07,s.7 (with effect from 01-07-2007).
7Ins. by the Labour Laws (Amdt.) Act, 1977 (17 of 1977), s. 2 and Sch.
Page 4 of 10
(4) All decisions of the Board shall be expressed in terms of the opinion of the majority of
the trustees and in the event of the trustees being equally divided in their opinions, the Chairman
shall have and exercise a second or casting vote.
(5) The Board shall manage and administer the Fund in accordance with the provisions of
this Act, the scheme and any rules made in this behalf.
(6) The Board shall, in the exercise of its powers and performance of its functions under this
Act, be subject to such directions as the 1[Federal Government] may from time to time give.
(7) The 1[Federal Government], if it is of opinion that a trustee or a Board has been
persistently failing in the performance of his or its functions or has generally been act ing in a
manner inconsistent with the objects and interests of the Fund, may, after giving such trustee or, as
the case may be, the Board, an opportunity of showing cause against it, by order, __
(a) remove such trustee from his office or direct that the Board shall stand
superseded for such period as may be specified in the order; and
(b) direct that, pending the election or nomination of a person in place of the trustee
removed from office or, as the cast may be, the re-constitution of the Board, the
powers and functions of the trustee so removed or the Board shall be exercised
and performed by a person specified in the order.
(8) A casual va cancy in the office of a trustee shall be filled as soon as may be by the
election or, as the case may be, nomination of another person and the person elected or nominated to
fill such vacancy shall hold office for the unexpired term of his predecessor.
(9) Upon the supersession of a Board under sub-section (7) the trustees in that Board shall
cease to hold office and references to the Board in this Act, the scheme and the rules shall be
construed as references to the officer specified in the order under that sub-section.
(10) Before the expiry of the period of supersession, the Board shall be re-constituted in
accordance with the provisions of this Act so as to enable it to take over its functions upon the
expiry of such period.
(11) No act or proceeding of the Board shall be invalid or questioned merely on the ground
of the existence of a vacancy in, or defect in the constitution of the Board.]
5. Penalty.__ 2 [ (1) Where a company to which the scheme applies fails to comply with
any of the provisions of this Act or the scheme, every director, manager or other officer
responsible for the management of the affairs of t he company, shall, if the Federal
Government by order so directs, pay by way of penalty a s um which may extend to five thousand
rupees and, in case of a continuing failure, a further sum which may extend to one thousand rupees
for every day after the first during which the failure continues.]
(3) A penalty imposed by an order under sub-section 3 [(1)] shall, if it is not paid within
the time specified in the order, be recoverable as an arrears of land revenue.
1Subs. and shall be deemed to have been so subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975) s. 2 and Sch. for “Central
Government” (w.e.f.14-8-73)
2Subs. by the Labour Laws (Amdt.) Act, 1977 (17 of 1977), s. 2 and Sch. for sub-sections (1) and (2).
3Subs.ibid. for “(2)”
Page 5 of 10
(4) The 1[Federal Government] may, upon an application made in this behalf by any person
aggrieved by an order made under sub-section (1) 2 [* * *] within a period of six months
from the date of the order, review the order and may, upon such review, pass such order as it may
think fit.
3[(5) Notwithstanding anything contained in this Act or the scheme, if any defaulting
employer strictly complies with the provisions of section 3 and distributes the benefits in accordance
with paragraph 4 of the scheme for the pe riod of default on or before the date fixed by the Federal
Government, no such penalty shall be imposed and the company shall not be liable to pay interest as
provided in paragraph 2 of the scheme.]
4[6. Po wer to call for information. __ The 1[Federal Government] may , at any time, call
upon a company or a Board to furnish it with such information and documents, including the
records of the proceedings of the company or the Board, as may be relevant or useful for the
purpose of, or necessary for ensuring pr oper compliance with, the provisions of this Act, the rules
and the scheme.
7. Settlement of disputes, etc.__ (1) Any di fference a rising between the Boa rd and the
company relating to the ad ministration of the scheme s hall be reported to the 1[ Federal
Government] whose decision thereon shall be final.
(2) All claims of a worker relating to the benefits of the scheme, whether a gainst the
Board or the company, shall be settled in the same manner as is provided for in the Payment of
Wages Act, 1936 (IV of 1936), for the settlement of claims arising out of deductions from wages.
8. Delegation of power. __ The 1[Federal Government) may, by notification in the official
Gazette, direct that all or any of its powers or functions under this 5[Ordinance] may, subject to such
limitations, restrictions or conditions, if any, as may be specified in the notification, be exercised or
performed also by any officer subordinate to it or by any authority so specified.
7[8A. Power to exempt.⸻ The Federal Government may, through notification in the offic ial
Gazette,⸻
(a) declare that any company or class of companies shall be exempt from the
application of the scheme; and
(b) exempt any company or class of co mpanies from any amoun t payable under
section 3 of this Act.]
9. Power to make rules. __ The 1[Federal Government] may make rules6 to carry out the
purposes of this Act.
10. Act to override other laws. __ The provisions of this Act shall have effect
notwithstanding anything contained in any other law for the time being in force, or in a ny
contract or the memorandum or articles of association of a company.]
1Subs. and shall be deemed to have been so subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. for “Central
Government”. (w.e.f. 14-8-73).
2The words “or sub-section (2)” omitted by Act 17 of 1977 s.2 and Sch.
3Added by Act III of 06, s.7.
4 Subs. by the Companies Profits (Workers Participation) (Amendment) Ordinance, 1970 (12 of 1970) s. 4 for the original sections 6 and 7.
5Sic. Should read “Act”.
6For Companies Profits (Workers Participation) Rules, 1971, see Gazette of Pakistan, 1971, Extraordinary, page 1038.
7Ins. by Act. no. XXXV of 2022.
Page 6 of 10
THE SCHEDULE
SCHEME
[ See Section 2(e)]
1. Scope of the scheme.__ The scheme applies to all companies 1[*] engaged in industrial
undertakings w hich satisfy any one of the following conditions, and to such other
companies as the 2[Federal Government] may, by notification in the official Gazette, specify
in this behalf, namely :__
(i) The number of workers employed by the company 3[* **] at any time during a
year is 4[50] or more.
(ii) The paid-up capital of the company as on the last day of its accounting year is
Rs.20 lakhs or more.
(iii) The value of the fixed assets of the company (at cost) as on the last day of the
accounting year is Rs. 40 lakhs or more5[:]
5[Provide that for the companies established on or after 1st day of July 2006,__
(a) clause (ii) shall have effect as if for the figure and word “20 lacs” the figure
and word “5 million” were substituted; and
(b) clause (iii) shall have effect as if for the figure and word “40 lakhs” the
figure and word “20 million” were substituted.]
6[Explanation.__ In this scheme,__
(a) “industrial undertaking” means an institution, organization, enterprise or
establishment whic h involves the use of electrical., mechanical, thermal,
nuclear or any other form of energy transmitted mechanically and not
generated by h uman or animal agency and w hich is engaged in any one or
more of the following operation, namely:__
(i) the subjection of goods or materials to any manufacturing, assembly,
finishing or other artificial or natural process, which changes their
original condition or add to their value;
(ii) ship-building;
(iii) the transformation, generation, conversion, transmission or
distribution of electrical energy, including hydraulic power; and
(iv) the working of a mine, oil well or any other source of minera l deposit,
including blending, refining and purification or oils and gases;
and includes companies engaged in the ma rketing and distribution of gas or oil or in the carriage of
men or goods by sea or air, and any other institution, organization, enterprise or establishment which
the 2[Federal Government] may, by notification in the official Gazette, declare to be an ind ustrial
undertaking for the purposes of this scheme; and
1The word “primarily” omitted by the Companies Profits (Workers Participation (Amendment) Ordinance, 1970 (12 of 1970), section 5.
2Subs. and shall be deemed to have been so subs. by the Labour La ws (Amdt.) Act, 1975 (11 of 1975),s.2 and Sch. for “Central
Government”, (w.e.f. 14-8-73).
3The words “in any shift” omitted by the Companies Profits (Workers Participation) (Amdt.) Act, 1973 (20 of 1973), s.3.
4Subs. ibid., for “100”.
5Subs. & added by Act III of 06, s. 7.
6Explanation added, by Ord. 12 of 1970,s.5.
Page 7 of 10
(b) references to the paid -up capital and the value of the fixed assets of the
company shall, in th e case of a company incorporated outside Pakistan but
having a branch in Pakistan , b e construed as references respectively to the
capital invested in such branch and value of the fixed assets of the branch.]
1[2. Investment of Fund.__ (1) The amount allocated or accruing to the Fund shall be
available to the company for its business operations. The company may, however, request the Board
to utilize the amount in the Fund for investment under sub-paragraph (7) and the Board may decide
to so invest the amount.
(2) The company shall pay to the Fund in respect of the amount in the Fund available to it
for its business operations as aforesaid interest at the rate of 2- 1 / 2% above the bank rate or
75 percent of the rate at which dividend is declared on its ordinary shares, whichever is higher. In
case there is more than one class of ordinary shares on which different rates of dividend have been
declared, then the weighted average of the different rates of dividend shall be taken for the purpose
of determining the rate of interest. The interest to the Fund shall accrue on and from the first day of
the year next succeeding the year in which the scheme becomes applicable to the company. Even
when the company does not wish to utilize the amount available to it under sub-paragraph (1),
interest at the rate aforesaid shall be payable by the company for the period between the date of
allocation of any amount to the Fund and the date of its investment under sub-paragraph (7).
(3) If, at any time after the establishment of the Fund, the company raises any
additional capital, otherwise than through the issue of bonus or bonus shares, the Fund shall have
the first option to convert any amount available to the company under sub-paragraph (I) or any of
the assets of the Fund into ordinary equity capital up to a ceiling of 20 per cent of the paid up
capital of the company prior to such conversion on 50 per cent of the additional capital, whichever
is less.
Explanation. —In this sub-paragraph, “additional capital” does not include any capital
offered or to be offered to foreign participates of the company.
(4) For the exercise of the right of conversion under sub-paragraph (3), the Board shall be
given sufficient time to sell assets of the Fund to realise the amount needed for subscription to the
additional issue of capital by the company.
(5) The shares acquired in the manner set out in sub-paragraph (3) Shall participate in
future bonus and right issues in the same manner as other shares.
(6) The shares acquired in the manner set out in sub-paragraph (3) shall carry voting rights
in the same manner as other shares and such voting rights shall be exercised by the Board on behalf
of the Fund.
(7) The amount in the Fund which, under sub-paragraph (1), the company has
requested to be utilized for investment under this paragraph my be invested by the Board for the
purchase of any of the following, namely:—
(a) I.C. P. Mutual Fund Certificate;
(b) National Investment Trust (Unit) Certificates;
1Subs. by the companies Profits (Workers Participation) (Amendment) Ordinance, 1970 (12 of 1970), s. 5, for the original para 2.
Page 8 of 10
(c) Government securities including Defence and Postal Savings Certificates; and
(d) any other securities approved for the purpose by the 1[Federal Government].
2[3. Eligibility to benefits of scheme.__ All workers shall be eligible to the benefits of the
scheme and to participate in the Fund. However, a worker not completing six months of
employment with the company during a year of account shall not participate in the Fund in respect
of that year
4. Distribution of benefits to worker.__The share of a worker in the annual allocation to
the Fund shall be expressed in units or fractions of units (worked out to two places of decimal) of
the face value of Rs.10 determined in the following manner, namely:—
3[a) The number of available units shall be so divided into three parts for the
three ca tegories of workers mentioned below that a worker in the first of
those categories gets four units for each two units that a worker in the second
of those categories gets or for each one unit that a worker in the last of those
categories gets.
Categories
4[1. Workers drawing average monthly wages not exceeding seven thousand five
hundred rupees.
2. Workers drawing average monthly wages exceeding seven thousand five
hundred rupees but not exceeding fifteen thousand.
3. Workers dr awing average monthly wa ges exceeding fifteen thousand
rupees.]
(b) The average monthly wages shall be rounded up to the nearest Rs.10.
(c) The number of units available to each category of workers shall be
divided equally among all the workers in that category to determine the share
of each workers of that category.
5[(d) Notwithstanding anything contained in this scheme, no worker shall, in any
one year, be entitled out of the annual allocation to units exceeding rupees
6[the amount of 4[four] times of the minimum wages for unskilled workers as
given in the schedule of Minimum Wages for unskilled Workers Ordinance,
1969 (W.P. Ord. XX of 1969)] in value in so far as such allocation is relatable
to 7 [* * *] of clause b of sub-section (1) of section 3. Any amount left out of
annual allocation after the units have been so allocated shall be transferred
to the Fund constituted un der section 3 of the Workers Wel fare Fund
Ordinance, 1971 (XXXIV of 1971). No part of such amount shall be deemed
to be included in the asset value of the Fund established under this Act and no
individual worker shall have any lien on this amount by virtue of holding any
units].
1Subs. and shall be deemed to have been so subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch., for “Central
Government”, (w.e.f. 14-8-73).
2Subs. by the Companies Profits (Workers Participation) (Amendment) Ordinance, 1970 (12 of 1970), section 5, for the original paras 3 and
4.
3Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and Sch., for cl. (a).
4Subs. by Act IV of 07.
5Subs. by the Labour Laws (Amdt.) Ordinance 1972 (9 of 1972), s. 2 and, Sch., for cl. (d)
6 Subs by Act III of 2006, s. 7.
7The words “sub-clause (i) of “omitted by the Companies profits (Workers Participation) (amdt.), Act 1973 (20 of 1973), s. 3.
Page 9 of 10
Explanations. — In this paragraph, “average monthly wages” means total
wages dr awn during the year of acco unt divided by 12, or by the number of
months a worker actually worked during a year in respect of which he is entitled
to the benefit under the scheme, as the case may be, and “wages” has the same
meaning as in clause (vi) of section 2 of the Payment of Wages Act, 1936 (IV of
1936), but does not include any overtime allowance 1[or bonus],
5. Disbursement of benefits. __ The disbursement of the benefits from the Fund shall be as
under: __
(a) 100 % of the annual income of the Fund, including capital gains realized,
shall be distributed each year to workers in proportion to their units of
entitlement.
2[b) A worker who voluntarily leaves the employment of the company or whose
services are terminated shall be entitled to receive 100 per cent of the net asset
value of the units standing in his name.];
3[* * * * * * *]
4[(f) A worker who continues in the service of the company shall be entitled to receive
100 per cent of the net asset value of the units in his name each year or he may
choose to leave his share in the Fund :
Provided that a worker while in employment may choose to encash all
the units standing in his name at any time at his discretion.].
(g) A worker, in the event of his retirement or, his nominated beneficiary, in the
event of the worker's death (from whatsoever cause) while in the employment of
the company, shall receive 100 % per cent of the, net asset value of the units
standing in the worker’s name 5[* * *].
6. Definition of the net asset value of the unit. — To determine the net asset value of a unit,
the total net assets of the Fund, namely, market value of the securities, cash and other assets resulting
from the investment and re-investment, capital accretion thereto and all in comes of any kind rising
there-from shall be divided by the number of units in the Fund. Net asset value of the entire Fund shall
be computed once every year and each worker's unit en titlement determined at the same time.
Additional units will be given to the workers according to the amount they voluntarily contribute to the
Fund.
6[7. Employee's own contribution. — A worker may voluntarily choose to contribute a part of
his wages, cash bonus, dividend or interest to the Fund. For each unit of contribution, he sh all
receive credit for 1-1/4 units. Contribution received during the course of a year of acco unt sh all,
however, be deemed to be contribution received on the last day of that year. If at any time a worker
chooses to leave the employment of the company or 7[his services are terminated or in the event of his
retirement or death or' on the expiry of three years from the date he voluntarily chooses to contribute a
part of his wages, cash bonus, dividend or interest to the Fund, he, at his option, or, in the event of his
death, his nominated beneficiary, may], receive the net asset value of the units representing his
contribution. The contribution by a worker in any one year of account shall not exceed 10 per cent
of his annual wages during such year.]
1Add by Ordinance 4 of 1985, s. 3.
2Subs. by the Companies Profits (Workers Participation) (Amdt.) Act, 1973 (20 of 1973), s. 3, for cl. (b), which was previously amended by
Ord. 12 of 1970, s. 5.
3Cls. (c), (d) and (e) omitted ibid.
4Subs. by the Companies Profits (Workers’ Participation) (Amdt.) Act, 1973 (20 of 1973), s. 3, for cl. (f)
5Certain words omitted ibid.
6Subs. by the Companies Profits (Workers Participation) (Amdt.) Ordinance, 1970 (12 of 1970), s. 5, for the original para 7.
7Subs. by Act, 20 of 1973, s. 3, for certain words.
Page 10 of 10
8. Fiscal concessions to the companies.— All companies to whom the scheme applies shall
be allowed the allocation made to the scheme as a deduction to arrive at the taxable income.
9. Tax treatment of the income of the fund.— The income of the Fund including capital
gains shall be exempt from income-tax.
10. Tax treatment of the income to the workers.— All sums paid out by the Fund shall be
exempt from income-tax in the hand of the workers.
1[11. Worki ng and location of the Board of Trustees.— The office of the Board of
Trustees shall be located at the factory premises or, if there is more than one factory run by the
company, at the registered head office of the company. All expenses of the Board, including the
cost of maintaining accounts, shall be borne by the company.]
12. Audit of the Fund accounts.— The Fund accounts shall be audited annually at the
company's expense in the same manner as the accounts of the company are audited :
Provided that the 2[Federal Government] may, at its own cost, appoint independent
accountants for a special audit of the accounts of the Fund.
13. Scheme’s benefits to be in addition to other benefits.— The benefits to a worker
under t his scheme shall be in addition to, and not in derogation or substitution of, any other
benefits to which the worker may be entitled under any other law, contract, terms and
conditions of employment or otherwise.
3[14. Special provision f or industries working s easonally.— Notwithstanding
anything contained in this Act or this scheme the 2[Federal Government] may, by 4notification in
the o fficial Gazette, make special provisions for the participation of workers in the profit of
companies engaged in industrial undertakings which operate only for a part of the year.
15. C ompanies e ngaged in more t han one industrial undertakings.— Notwithstanding
anything contained in this Act or this scheme, the 2[Federal Government] may, at the request of a
company which is engaged in more than one industrial undertakings located at di fferent p laces
permit the splitting up of the Fund amongst the various undertakings or groups of
undertakings and constitution of the Board of Trustees for each such undertaking or group of
undertakings; and thereupon the provisions of this Act and this scheme shall have effect in relation
to such undertakings or groups as if each such undertaking or group were a company.
16. E ntrustment of management of Fund to Investment Corporation of Pakistan
etc.— The Board of Trustees may, with the prior approval of the 2[Federal Government], enter into
a con tract with the Investment Corporation of Pakistan, the National Investment Trust or the
National Bank of Pakistan, entrusting the management of the Fund to that Corporation, Trust or
Bank on such fee, which sh all be pa yable by the com pany, and on such terms a nd
conditions as may be mutually agreed upon.]
1Subs. by the Companies Profits (Workers Participation) (Amdt.), Ordinance, 1970 (12 of 1970), s. 5, for original para 11.
2Subs. and shall be deemed to have been so subs. by the Labour Laws, (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch., for “Central
Government” (w.e.f. 14-8-73).
3Paras.14, 15 and 16 added, ibid., by Ord. 18 of 1970, s. 5.
4For Such notification, see Gaz. of Pak., 1971, Ext. page 1037.This law in the library
Follow the instruments and provisions named in this source edition, and the laws that cite it. Citation links identify the text being referred to; legal effect and current force require separate examination.
Instruments cited by this law 4
References to provisions in this text 10
Section 4
Open the identified operative provision
Read reference in context
s. __ In this Act, unless there is anything repugnant in the subject or context,__ (a) “Board” in relation to a Fund means a Board of Trustees constituted under section 4 for the management and administration of the Fund; (b) “company” means a company within the meaning of 2[Companies Ordinance, 1984 (XLVII of 1984)], and includes— (i) a body corporate established by or under any law for t
Section 3
Open the identified operative provision
Read reference in context
by the 3 [ Federal Government] in the official Gazette to be a company for the purposes of this Act; (c) “Fund” means a Workers Participation Fund established under section 3; (d) “Profits” in relation to a company means such of the “net Profits ” as defined in section 87C of the Companies Act, 1913, as are attributable to its business, trade, undertakings or other operations in Pakistan;
Section 3
Open the identified operative provision
Read reference in context
ucceeding that year. 4. Management of the Fund.— (1) As soon as may be 7[but not later than two months], after the establishment by a company of a Fund under section 3, there shall be constituted a Board of Trustees consisting of the following trustees, namely:— (a) two persons elected by the workers of the company from amongst themselves; and (b) two persons nominated by the ma
Section 3
Open the identified operative provision
Read reference in context
further sum which may extend to one thousand rupees for every day after the first during which the failure continues.] (3) A penalty imposed by an order under sub-section 3 [(1)] shall, if it is not paid within the time specified in the order, be recoverable as an arrears of land revenue. 1Subs. and shall be deemed to have been so subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975)
Section 3
Open the identified operative provision
Read reference in context
der as it may think fit. 3[(5) Notwithstanding anything contained in this Act or the scheme, if any defaulting employer strictly complies with the provisions of section 3 and distributes the benefits in accordance with paragraph 4 of the scheme for the pe riod of default on or before the date fixed by the Federal Government, no such penalty shall be imposed and the company shall not be liable
Section 3
Open the identified operative provision
Read reference in context
any or class of companies shall be exempt from the application of the scheme; and (b) exempt any company or class of co mpanies from any amoun t payable under section 3 of this Act.] 9. Power to make rules. __ The 1[Federal Government] may make rules6 to carry out the purposes of this Act. 10. Act to override other laws. __ The provisions of this Act shall have
Section 2(e)
Open the identified operative provision
Read reference in context
tion) Rules, 1971, see Gazette of Pakistan, 1971, Extraordinary, page 1038. 7Ins. by Act. no. XXXV of 2022. Page 6 of 10 THE SCHEDULE SCHEME [ See Section 2(e)] 1. Scope of the scheme.__ The scheme applies to all companies 1[*] engaged in industrial undertakings w hich satisfy any one of the following conditions, and to such other companies as the 2[Federal Government] may, b
Section 5
Open the identified operative provision
Read reference in context
ing for the purposes of this scheme; and 1The word “primarily” omitted by the Companies Profits (Workers Participation (Amendment) Ordinance, 1970 (12 of 1970), section 5. 2Subs. and shall be deemed to have been so subs. by the Labour La ws (Amdt.) Act, 1975 (11 of 1975),s.2 and Sch. for “Central Government”, (w.e.f. 14-8-73). 3The words “in any shift” omitted by the Companies Profits (Work
Section 3
Open the identified operative provision
Read reference in context
Wages for unskilled Workers Ordinance, 1969 (W.P. Ord. XX of 1969)] in value in so far as such allocation is relatable to 7 [* * *] of clause b of sub-section (1) of section 3. Any amount left out of annual allocation after the units have been so allocated shall be transferred to the Fund constituted un der section 3 of the Workers Wel fare Fund Ordinance, 1971 (XXXIV of 1971). No part of such
Section 5
Open the identified operative provision
Read reference in context
1975), s. 2 and Sch., for “Central Government”, (w.e.f. 14-8-73). 2Subs. by the Companies Profits (Workers Participation) (Amendment) Ordinance, 1970 (12 of 1970), section 5, for the original paras 3 and 4. 3Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and Sch., for cl. (a). 4Subs. by Act IV of 07. 5Subs. by the Labour Laws (Amdt.) Ordinance 1972 (9 of 1972), s. 2 and
Provisions explicitly cited in other instruments 3
Section 2 of Industrial Relations Ordinance, 2002 (Repealed by Act No IV of 2008)
Cited by Companies Profits (Workers Participation) Act, 1968
A matching operative heading has not been identified.
Read source and target evidence
Explicit source reference
, means an employee of the company 2[,including e mployed by or through the contractors ,] who falls within the definition of a worker a s defined in clause (xxx) of section 2 of the Industrial Relations Ordinance, 2002 (XCI of 2002) and has been 2[working for or in] the company for a period of not less than six months.] 3[3. Establishment of Fund. — (1) Every company to which the scheme applies shall__ (a) establish a Workers Partic
Section 2 of Payment of Wages Act, 1936
Cited by Companies Profits (Workers Participation) Act, 1968
The named instrument matches multiple source editions; no edition is selected.
- Payment of Wages Act, 1936 · Federal
- PAYMENT OF WAGES ACT, 1936 · Punjab
Read source and target evidence
Explicit source reference
ly worked during a year in respect of which he is entitled to the benefit under the scheme, as the case may be, and “wages” has the same meaning as in clause (vi) of section 2 of the Payment of Wages Act, 1936 (IV of 1936), but does not include any overtime allowance 1[or bonus], 5. Disbursement of benefits. __ The disbursement of the benefits from the Fund shall be as under: __ (a) 100 % of the annual income of the Fun
Section 87C of Companies Act, 1913
Cited by Companies Profits (Workers Participation) Act, 1968
The named instrument has not been matched in this library.
Read source and target evidence
Explicit source reference
(c) “Fund” means a Workers Participation Fund established under section 3; (d) “Profits” in relation to a company means such of the “net Profits ” as defined in section 87C of the Companies Act, 1913, as are attributable to its business, trade, undertakings or other operations in Pakistan; 4[(dd) “rules” means rules made under this Act; ] _________________________________________________________________________
Cited instruments not matched in this library 3
Explore this law in the whole-library map · Download this law’s relationship evidence · Download preserved source record
Original-source comparison
Original-source text comparison matched
Open the compared original source
Source comparison checks the identified transcription and edition. The law's current force, later amendments and territorial application require separate legal review.
Comparison evidence
- Stored text SHA-256
- c576a1664a675715c1918f5e9dd8e755b32cbeeb3e731e380b37ca8eb94700a5
- Original source SHA-256
- 9638d818c692c921039595b828cda7b92d33ec91fcc994d0dc7cf0c40ce2fe4c
- Comparison method
- NFKC, typography-equivalent quotation marks, soft-hyphen removal and whitespace normalization; full-text equality required
Source, version and text details
- Recorded title
- Companies Profits (Workers Participation) Act, 1968
- Source collection
- Federal — this does not establish territorial applicability.
- Recorded version
- Not supplied in this record
- Source snapshot
- Not supplied in this record
- Legal status
- not independently verified
- Text quality
- Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
- Recorded quality flags
- No additional flags recorded
- Stable record
- pk-code-f01435c56242e7d8
- Content extent
- Legal completeness not independently established
- Integrity scope
- Stored UTF-8 text and TXT download bytes checked against their recorded hash. This does not establish legal authenticity or currency.
- Passage offsets
- zero-based Unicode code points and UTF8 bytes; end exclusive
- Stored text SHA-256
- c576a1664a675715c1918f5e9dd8e755b32cbeeb3e731e380b37ca8eb94700a5