Workmen's Compensation Act, 1923

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THE WORKMEN'S COMPENSATION ACT, 1923 
 
 
CONTENTS 
 
CHAPTER I  
PRELIMINARY 
1. Short title, extent and commencement. 
2. Definitions. 
CHAPTER II  
WORKMAN'S COMPENSATIOON 
3. Employer's liability for compensation. 
4. Amount of compensation. 
5. Method of calculating wages. 
6. Review. 
7. Commutation of half­monthly payments. 
8. Distribution of compensation. 
9. Compensation not to be assigned, attached or charged. 
10. Notice and claim. 
 
10A.  Power to require from employers statements regarding fatal accidents.  
10B.  Reports of fatal accidents. 
 
10C.  Officers authorised may refer cases for payment of compensation. 
10D.  Fixation of abstracts of the act or rules at the entrance of the premises 
11. Medical examination. 
12. Contracting. 
13. Remedies of employer against stranger. 
14. Insolvency of employer. 
15. Special provisions relating to masters and seamen. 
16. Returns as to compensation. 

 
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17. Contracting out. 
18. Proof of age. 
18A. Penalties. 
CHAPTER III  
COMMISSIONERS 
19. Reference to Commissioners. 
20. Appointment of Commissioners. 
21. Venue of proceedings and transfer. 
22. Form of application. 
22A. Power of Commissioner to require further deposit in cases of fatal accident. 
23. Powers and procedure of Commissioners. 
24. Appearance of parties. 
25. Method of recording evidence. 
26. Costs. 
27. Power to submit cases. 
28. Registration of agreements. 
29. Effect of failure to register agreement. 
30. Appeals. 
30A. Withholding of certain payments pending decision of appeal. 
31. Recovery. 
CHAPTER IV  
RULES 
32. Power of the Provincial Government to make rules 
33. [Repealed.] 
34. Publication of rules. 
35. Rules to give effect to arrangements with other countries for the transfer of money paid 
as compensation. 
 
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THE WORKMEN’S COMPENSATION ACT, 1923 
  
1ACT No. VIII OF 1923 
[5th March, 1923] 
 
An Act to provide for the payment by certain classes of employers to their workmen of compensation 
for injury by accident. 
 
WHEREAS it is expedient to provide for the payment by certain classes of employers to their 
workmen of compensation for injury by accident; it is hereby enacted as follows:— 
 
CHAPTER I  
PRELIMINARY 
1. Short title, extent and commencement.— (1) This Act maybe called the 
Workmen’s Compensation Act, 1923. 
 
2[(2) It extends to the whole of Pakistan]. 
(3) It shall come into force on the first day of July, 1924. 
2. Definitions.— (1) In this Act, unless there is anything repugnant in the subject or 
context,— 
(a) “adult” and “minor” mean respectively a person who is not and a person who 
is under the age of fifteen years ; 
 
(b) “Commissioner” means a Commissioner for Work men’s Compensation 
appointed under section 20; 
 
(c) “compensation” means compensation as provided for by this Act ; 
 
3[(d) “dependent” means any of the following relatives of a deceased workman, 
namely:— 
1For Statement of Objects and Reasons, see Gazette of India, 1922, Pt. V, p. 313; and for Report of Joint Committee, see ibid., 1923, Pt. V, p. 37. See also the Work men’s 
Compensation (Amdt.) Act, 1939 (13 of 1939), s. 3.  
It has been­ 
(i) extended to the Lease d Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950) ( w.e.f. 15­8­1947); as amended by the Baluchistan States 
Union (Federal Laws) (Extension) (Second Amendment) Order, 1953 (G.G.O. 19 of 1953) (w.e.f. 26­8­1953);  
(ii) applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499;  
(iii) extended to the Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 o f 1953) (w.e.f.15­4­1953 ); 
(iv) extended to the State o f Bahawalpur, see the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O. 11 of 1953) ( w.e.f. 20­4­1953) as amended by the 
Bahawalpur (Extension of Federal Laws) (Amdt.) Order, 1953 (G.G.O. 21 of 1953) (w.e.f. 3­11­1953);  
(v) extended to the Khairpur St ate, see the Khairpur (Federal Laws) (Extension) Order, 1953 (G.G.O. 5 of 1953) ( w.e.f. 16­4­1953) as amended by (G.G.O. 24 of 1953) 
(w.e.f. 22­12­ 1953); 
(vi) applied to the Railway Servants employed within the Area of the Khyber Agency, see Gazette of India, 1936, Pt. I, p. 1403; 
(vii) The Act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not al ready apply, see Regulation No. I of 1972, 
s. 2 and Sch. 
(viii) The Act has been and shall be deemed to have been br ought into force in Gwadur with effect from the 8 th September, 1958 by the Gwadur (Application of Central 
Laws) Ordinance, 1960, (37 of 1960).s. 2. 
2 The original sub­section (2) as amended by A.O., 1949 (w.e.f. 28­3­1949) and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8 (w.e.f. 10­5­1951) 
has been subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (w.e.f. 14­10­1955). 
3Subs. by the workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), se ction 2, for the original clause (d). 
 
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(i)  a 1[widow], minor legitimate son, and unmarried legitimate daughter, 
or a widowed mother ; and 
 
(ii) if wholly or in part dependent on the earnings of the workman at the 
time of his death, a 2[widower], a parent other than a widowed 
mother, a minor illegitimate son, an unmarried illegitimate daughter, 
a daughter legitimate or illegitimate if married and a minor or if 
widowed, a minor brother, an unmarried or widowed sister, a  
widowed daughter‑in‑law, a minor child of a deceased son, 3[a minor 
child of a deceased daughter where no parent of the child is alive,] or, 
where no parent of the workman is alive, a paternal grandparent;] 
 
(e) “employer” includes anybody of persons whether incorporated or not and any 
managing agent of an employer and the legal representative of a deceased 
employer and, when the services of a workman are temporarily lent or let on 
hire to another person by the person with whom the workman has entered 
into a contract of service or apprentice ship, means such other person while 
the workman is working for him ; 
 
(f)   “managing agent” means any person appointed or acting as the representative 
of another person for the purpose of carrying on such other person’s trade or 
business, but does not include  an individual manager subordinate to an 
employer ; 
 
(g)   “partial disablement” means, where the disablement is of a temporary nature, 
such disablement as reduces the earning capacity of a workman in any 
employment in which he was engaged at the time of the a ccident resulting in 
the disablement, and, where the disablement is of a permanent nature, such 
disablement as reduces his earning capacity in every employment which he 
was capable of undertaking at that time: 
 
   Provided that every injury specified in Sc hedule I shall be deemed to 
result in permanent partial disablement; 
 
(h) “prescribed” means prescribed by rules made under this Act ; 
 
(i) “qualified medical practitioner” means any person registered 4* * * under any 
Act of 5[the 6[Federal] Legislature or any Provincial Legislature] providing 
for the maintenance of a register of medical practitioners (21 & 22 Vict., 
c.1990), or, in any area where no  such last ‑mentioned Act is in force, any 
person declared by the 7[Provincial Government], by notification in the 
1Subs. by the Work men’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 2 (w.e.f. 5­4­1938), for “wife”. 
2Subs. by Act 15 of 1933, s. 2, for “husband”. 
3Ins. ibid. 
4Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3. and Sch., II. 
5Subs. by A.O., 1949 (w.e.f.28­3­1949), for “any Legislature in British India”. 
6Subs. by A.O., 1975, Art. 2 and Table, for “Central” (w.e.f. 14­8­1973). 
7Subs. by A.O., 1937 (w.e.f. 1­4­1937) for “L.G.”. 
 
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1[official Gazette], to be a qualified medical practitioner for the purposes of this Act ; 
2
*  *    *    *    *  *       *  
(k) “seaman” means any person forming part of the crew of any 3* ship, but does 
not include the master of 4[the] ship ; 
(l) “total disablement” means such disablement, whether of a temporary or 
permanent nature, as incapacitates a workman for all work which he was 
capable of performing at the time of the accident resulting in such 
disablement: 
 
Provided that perman ent total disablement shall be deemed to result 
from the permanent total loss of the sight of both eyes or from any 
combination of injuries specified in Schedule I where the aggregate 
percentage of the loss of earning capacity, as specified in that Schedul e 
against those injuries, amounts to one hundred per cent ; 
 
5[(ll)    “Tribunal” has the same meaning as in the Industrial Relations Ordinance, 
1969 (XXIII of 1969);] 
 
(m) “wages” includes any privilege or benefit which is capable of being 
estimated in money,  other than a travelling allowance or the value of any 
travelling concession or a contribution paid by the employer of a workman 
towards any pension or provident fund or a sum paid to a workman to cover 
any special expenses entailed on him by the nature of his employment ; 
 
(n) “workman” means any person (other than a person whose employment is of a 
casual nature and who is employed otherwise than for the purposes of the 
employer's trade or business) who is— 
 
(i) a railway servant as defined in section 3 of the Railways Act, 1890 
(IX of 1890), not permanently employed in any administrative, 
district or sub ‑divisional office of a railway and not employed in any 
such capacity as is specified in Schedule II, or 
 
 
 
 
 
1Subs. by A.O. 1937 (w.e.f 01-04-1937) for “local official Gazette”. 
2Cl. (j) was omitted by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 2. 
3The word “registered” omitted, ibid. 
4Subs. ibid., for “any such”. 
5Cl. (ll) ins. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), section 2 and Sch. (w.e.f. 25­1­1975). 
 
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(ii) employed 1* * * 2* * *, in any such capacity as is specified in Schedule II, whether the 
contract of employment was made before or after the passing of this Act and whether 
such contract is expressed or implied, oral or in writing; but does not include any 
parson working in the capacity of a member  of 3* * * naval, military or air forces 4* * 
*; and any reference to a workman who has been injured shall, where the workman is 
dead, include a reference to his dependants or any of them. 
 
(2) The exercise and performance of the powers and duties of a local authority or of any 
department 5[acting on behalf of the Government] shall, for the purposes of this Act, unless a 
contrary intention appears, be deemed to be the trade or business of such authority or department. 
 
6[(3) The 7[Provincial Government], after giving, by notification 8 in the 9[Official Gazette], 
not less than three months’ notice of 10[its] intention so to do, may, by a like notification, add to 
Schedule II any class of persons employed in any occupation which 11[it] is satisfied is a hazardous 
occupation, and the provisions of this Act shall thereupon apply 12[within the Province] to such 
classes of persons: 
 
Provided that in making such addition the 7[Provincial Government] may direct that the 
provisions of this Act shall apply to such classes of persons in respect of specified injuries only.] 
 
CHAPTER II 
WORKMEN’S COMPENSATION 
  
3. Employer’s liability for compensation .—(1) If personal injury is caused to  a workman 
by accident arising out of and in the course of his employment, his employer shall be liable to pay 
compensation in accordance with the provisions of this Chapter: 
 
Provided that the employer shall not be so liable— 
(a) in respect of any injury which does not result in the total or partial disablement 
of the workman for a period exceeding 13[four] days ; 
(b) in respect of any 14[injury, not resulting in death, caused by]  an accident 
which is directly attributable to— 
 
(i) the wo rkman having been at the time thereof under the influence of 
drink or drugs, or 
 
(ii) the wilful disobedience of the workman to an order expressly given, or 
to a rule expressly framed, for the purpose of securing the safety of 
workmen, or 
 
1 The words “either by way of manual labour or” omitted by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933),s. 2.  
2Omitted by Act IV of 2007, s. 2 (w.e.f. 1­7­2007). 
3The words “His Magesty’s omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27  of 1981), s. 3 and Sch., II. 
4The words “ or of the Royal Indian Marine Service” omitted by A.O., 1937 (w.e.f. 1­4­1937).  
5The original words “of the Govt.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (w.e.f. 23­3­1956), t o read as above. 
6 Subs. by Act 15 of 1933, s. 2, for the original sub­section (3).  
7 Subs. by A.O., 1937, for “G.G. in C.”. 
8 For such a notification, see Gazette of India, 1935, Pt. I, p. 745  
9Subs. by A.O., 1937, for “Gazette of India”. 
10Subs. ibid., for “his”.  
11Subs. ibid., for “he”. 12Ins. ibid 
13 Subs. by the Work men’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 3 (w.e.f.15­3­1957), for “seven” which had been subs.  by the Work men’s Compensation 
(Amdt.) Act, 1933 (15 of 1933),s. 3, for “ten”. 
14 Subs. by Act 15 of 1933, s. 3, for injury of workman resulting from.  
 
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(iii) the willful removal or disregard by the workman of any safety guard or other 
device which he knew to have been provided for the purpose of securing the 
safety of workmen, 1* 
2*  *  *  *  *  *  * 
(2) 3[If a workman employed in any employment specified in Part A of Schedule III 
contracts any disease specified therein as an occupational disease peculiar to that employment], or if 
a workman, whilst in the service of an employer in whose service he has been  employed for a 
continuous period of not less than six months in any employment specified in 4[Part B of] Schedule 
III, contracts any disease specified therein as an occupational disease peculiar to that employment, 
the contracting of the disease shall be deemed to be an injury by accident within the meaning of this 
section and, unless the employer proves the contrary, the accident shall be deemed to have arisen out 
of and in the course of the employment. 
Explanation.—For the purposes of this sub‑section a period of service shall be deemed to be 
continuous which has not included a period of service under any other employer 5[in the same kind 
of employment]. 
 
(3) The 6[Provincial Government], after giving, by notification in the 7[official Gazette] not 
less than three months’ notice  of 8[its] intention so to do, may, by a like notification, add any 
description of employment to the employments specified in Schedule III, and shall specify in the 
case of the employments so added the diseases which 9[within the Province] shall be deemed for the 
purposes of this section to be occupational diseases peculiar to those employments respectively, and 
the provisions of sub‑section (2) shall thereupon apply 9[within the Province] as if such diseases had 
been declared by this Act to be occupational diseases peculiar to those employments. 
 
(4) Save as provided by sub ‑sections (2) and (3), no compensation shall be payable to a 
workman in respect of any disease unless the disease is 10* * directly attributable to a specific injury 
by accident arising out of and in the course of his employment. 
 
(5) Nothing herein contained shall be deemed to confer any right to compensation on a 
workman in respect of any injury if he has instituted in a Civil Court a suit for damages in respect of 
the injury against the employer or any other person ; and no suit for damages shall be maintainable 
by a workman in any court of law in respect of any injury— 
(a) if he has instituted a claim to compensation in respect of the injury before a 
Commissioner ; or 
1 The word “or” was omitted by the Work men’s Compensation (Amdt.) Act, 1929 (5 of 1929), s. 2 (w.e.f. 29­3­1929).  
2 Cl.(c) was omitted, ibid. 
3 The original words beginning “If a workman” and ending “disease of anthrax” were first amended by the Work men’s Compensa tion (Amdt.) Act, 1926 (29 of 1926),s . 2, 
and then by the Work men’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 3 (w.e.f.5­4­1938), to read as above.  
4 Ins. by Act 9 of 1938, s. 3. 
5 Added ibid. 
6 Subs. by A.O., 1937 (w.e.f.1­4­1937), for “G.G. in C.” . 
7 Subs. ibid., for “Gazette of India”. 
8 Subs. ibid., for “his”. 
9 Ins. ibid. 
10 The words “solely and” omitted by the Work man’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 3.  
 
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(b) if an agreement has been come to between the workman and his 
employer providing for the payment of compensation in respect of the 
injury in accordance with the provisions of this Act. 
 
4. Amount of Compensation. — 1[(1) Subject to the provisions of this Act, the amount of 
compensation shall be as follows, namely : 
2[A.  Where death results from the injury to a workman in receipt of monthly wages 
falling within limits shown in the first column of Schedule IV the amount 
shown against such limits in the second column thereof.] 
 
3[B.  Where permanent total disablement re sults from injury to a workman in 
receipt of monthly wages falling within the limits shown in the first column of 
Schedule IV the amount shown against such limits in the third column 
thereof.] 
 
C.  Where permanent partial disablement results from the injury— 
 
(i) in the case of an injury specified in Schedule I, such percentage of the 
compensation which would have been payable in the case of permanent 
total disablement as is specified therein as being the percentage of the 
loss of earning capacity caused by that injury, and 
 
(ii) in the case of an injury not specified in Schedule I, such percentage of 
the compensation payable in the case of permanent total disablement as 
is proportionate to t he loss of earning capacity per manently caused by 
the injury; 
 
Explanation.‑Where more injuries than one are caused by the same accident, the amount of 
compensation payable under this head shall be aggregated but not so in any case as to exceed the 
amount which would have been payable if permanent total disablement had result ed from the 
injuries ; 
 
D.  Where temporary disablement, whether total or partial, results from the injury, 
a half‑monthly payment payable on the sixteenth day after the expiry of a 
waiting period of 4[four] days from the date of the disablement, and thereafter 
half‑monthly during the disablement or during a period of five year s, 
whichever period is shorter,— 
(i) in the case of 3[a workman] in receipt of monthly wages falling within limits shown in the 
first column of Schedule IV‑of the sum shown against such limits in the fourth column thereof, and 
 
3
*   *  *  
Provided that 
(a) there shall be deducted from any lump sum or half‑monthly payments to 
which the workman is entitled the amount of any payment or allowance which 
the workman has received from the employer by way of compensation during 
1Subs. by Workmen’s Compensation Act, 1933 (15 of 1933) , s. 4, for the original sub­section (1). 
2Subs. by Act XI of 1994, s. Sch. 
3Subs. & Omitted by Act XI of 1994, Sch. 
4Subs. by Act 11 of 1957,s. 4, for “seven”. 
 
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the period of disablement prior to the receipt of such lump sum or of the first 
half‑monthly payment, as the case may be 1[except payments made to the 
worker during the period of his convalescence towards medical treatment 
2[and the half ‑monthly payments made for the first four months of 
disablement] ; 3* 
(b) no half‑monthly payment shall in any case exceed the amount, if any, by 
which half the amount of the monthly wages of the workman before the 
accident exceeds half the amount of such wages which he is earning after the 
accident 4[;and] 
 
5[(c)  the amount of half‑monthly payments to which a workman is entitled shall in 
no case be less than the amount of half monthly payments to which a 
workman drawing lesser monthly wages than such workman is entitled.] 
 
(2) On the ceasing of the disablement before the date on which any half‑monthly payment 
falls due, there shall be payable in respect of that half‑month a sum proportionate to the duration of 
the disablement in that half‑month. 
6[5. Method of calculating wages. —7*] 8[In this Act and for the purposes thereof the 
expression “monthly wages” means the amount of wages deemed to be payable for a month’s 
service (whether the wages are payable by the month or by whatever other period or at piece rates), 
and calculated] as follows, namely: 
 
(a) where the workman has, during a continuous period of not less than twelve 
months immediately preceding the accident, been in the service of the 
employer who is liable to pay compensation, the monthly wages of the 
workman shall be one­twelfth of the total wages which have fallen due for 
payment to him by the employer in the last twelve months of that period; 
 
9[(b)    where the whole of the continuous period of service immediately preceding 
the accident during which the workman was in the service of the employer 
who is liable to pay the compensation was less than one month, the monthly 
wages of the workman shall be  10* * * the average monthly amount which, 
during the twelve months immediately preceding th e accident, was being 
earned by a workman employed on the same work by the same employer, or, 
if there was no workman so employed, by a workman employed on similar 
work, in the same locality;] 
 
1 Ins. by the Work man’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 4 (w.e.f. 15­3­1957). 
2 Added by the Work man’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 3 (w.e.f. 7­2­1973)  
3 The word “and” omitted by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and 1 st Sch. (w.e.f. 13­4­1972) 
4 Subs. ibid., for full stop. 
5 Cl. added ibid. 
6 The original section 5 was re­numbered as sub­section (1) of that section by the Work man’s Compensation (Amdt.) Act, 1929 (5  of 1929), s. 3 (w.e.f. 29­3­1929). 
7 The brackets and figure “(1)” omitted by the Work man’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 4 (w. e.f. 5­4­1938).  
8 Subs. by the Work man’s Compensation (Amdt.) Act, 1939 (13 of 1939), s.2 (w.e.f. 30­6­1934), for “For the purposes of [this A ct] the monthly wages of a 
workman shall be calculated”. The words in crotchets were subs. by the Work man’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 5, for “section 4”.  
9 Cl. (b)ins. by Act 15 of 1933, s. 5. 
10 The words “deemed to be” omitted by the Work men’s Compensation (Amdt.) Act, 1939 (13 of 1939),  s. 2 (w.e.f. 30­6­1939). 
 
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1[(c)]  in other cases, the monthly wages shall be thirty times the total wages earned 
in respect of the last continuous period of service immediately preceding the 
accident from the employer who is liable to pay compensation, divided by the 
number of days comprising such period. 
 
2*  *  *  *  *  *  * 
 
Explanation._ A period of service shall, for the purposes of  3[this section] be deemed to be 
continuous which has not been interrupted by a period of absence from work exceeding fourteen 
days. 
 
     4*   *  *  *  *  *  * 
6. Review.—(1) Any half ‑monthly payment payable under this Act, either under an 
agreement between the parties or under the order of a Commissioner, may be reviewed by the 
Commissioner, on the application either of the employer or of the workman accompanied by the 
certificate of a  qualified medical practitioner that there has been a change in the condition of the 
workman or, subject to rules made under this Act, on application made without such certificate. 
 
(2) Any half ‑monthly payment may, on review under this section, subject to the provisions 
of this Act, be continued, increased, decreased or ended, or if the accident is found to have resulted 
in permanent disablement, be converted to the lum p sum to which the workman is entitled less any 
amount which he has already received by way of half‑monthly payments. 
7. Commutation of half -monthly payments. — Any right to receive half ‑monthly 
payments may, by agreement between the parties or, if the parties  cannot agree and the payments 
have been continued for not less than six months, on the application of either party to the 
Commissioner be redeemed by the payment of a lump sum of such amount as may be agreed to by 
the parties or determined by the Commissioner, as the case may be. 
 
8. Distribution of Compensation. —5[(1). No payment of compensation in respect of a 
workman whole injury has resulted in death, and no payment of a lump sum as compensation to a 
woman or a person under a legal disability, shall be made otherwise than by deposit with the 
Commissioner, and no such payment made directly by an employer shall be deemed to be a 
payment of compensation: 
 
6[Provided that, in the case of a deceased workman, an employer may make to any 
dependant advances on account of compensation not exceeding an aggregate of one hundred rupees, 
and so much of such aggregate as does not exceed the compensation payable to that dependant shall 
be deducted by the Commissioner from such compensation and repaid to the employer.] 
 
1The original cl. (b) was re­lettered as cl. (c) by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 5.  
2The proviso omitted, ibid. 
3The original words “this section” were subs. first by the Work men’s Compensation (Amdt.) Act, 1929 (5 of 192 9), s. 3 (w.e.f. 29­3­1929) and then by the Work men’s 
Compensation (Amdt.) Act, 1938 (9 of 1938) (w.e.f. 5­4­1938) to read as above.  
4Sub­section (2) which had been ins. by Act 5 of 1929, was omitted by Act 15 of 1933, s. 5.  
5Subs. by the Work men’s Compensation (Amdt.) Act, 1929 (5 of 1929), s.4 (w.e.f. 29­3­1929), for the original sub­section (1) to (3).  
6Subs. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 6, for the original proviso.  
 
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(2) Any other sum amounting to not less  than ten rupees which is payable as compensation 
may be deposited with the Commissioner on behalf of the person entitled thereto. 
 
(3) The receipt of the Commissioner shall be a sufficient discharge in respect of any 
compensation deposited with him.] 
 
(4) On the deposit of any money under sub‑section (1) 1[as compensation in respect of a 
deceased workman] the Commissioner 2[shall deduct] therefrom the actual cost of the workman’s  
funeral expenses, to an amount not exceeding 3[twenty‑five rupees] and pay the same t o the person 
by whom such expenses were incurred, and shall, if he thinks necessary, cause notice to be 
published or to be served on each dependant in such manner as he thinks fit, calling upon the 
dependants to appear before him on such date as he may fix  for determining the distribution of the 
compensation. If the Commissioner is satisfied after any inquiry which he may deem necessary, that 
no dependant exists, he shall 4[not less than two years after the date of deposit, transfer the balance 
of the money to such fund or funds for the benefit of workmen as the Provincial Government may 
by notification in the official Gazette specify or establish]. The Commissioner shall, on application 
by the employer, furnish a statement showing in detail all disbursements made. 
 
5[(5) Compensation deposited in respect of a deceased workman shall, subject to any 
deduction made 6[under the proviso to sub‑section (1) or] under sub‑section (4), be apportioned 
among the dependants  of the deceased workman or any of them in such proportion as the 
Commissioner thinks  fit, or may, in the discretion of the Commissioner, be allotted to any one 
dependant. 
 
(6) Where any compensation deposited with the Commissioner is payable to any person, 
the Commissioner shall, if the person to whom the compensation is payable is not a woman or a 
person under a legal disability, and may, in other cases, pay the money to the person entitled 
thereto. 
 
(7) Where any lump sum deposited with the Commissioner is pay able to a woman or a 
person under a legal disability, such sum may be invested, applied or otherwise dealt with for the 
benefit of the woman, or of such person during his disability, in such manner as the Commissioner 
may direct; and where a half monthly p ayment is payable to any person under a legal disability, the 
Commissioner may, of his own motion or on an application made to him in this behalf, order that 
the payment be made during the disability to any dependant of the workman or to any other person 
whom the Commissioner thinks best fitted to provide for the welfare of the workman.] 
 
7[(8)] Where, on application made to him in this behalf or otherwise, the Commissioner is 
satisfied that, on account of neglect of children on the part of a parent or on  account of the 
variation of the circumstances of any dependant or for any other sufficient cause, an order of the 
Commissioner as to the distribution of any sum paid as compensation or as to the manner in which 
any sum payable to any such dependant is to be  invested, applied or otherwise dealt with, ought to 
be varied, the Commissioner may make such orders for the variation of the former order as he 
thinks just in the circumstances of the case: 
1 Ins. by Act 5 of 1929, s. 4. 
2 Subs. by Act 15 of 1933, s. 6, for “may deduct”. 
3 Subs. ibid., for the words “fifty rupees [or so much of that cost or of fifty rupees, whichever is less, as has not already b een advanced by the employer on account 
of such expenses]”. The words in crochets were ins. by Act 5 of 1929, s . 4. 
4 Subs. by the Work men’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 5 (w.e.f. 15­3­1957), for “repay the balance of the m oney to the employer by whom it was 
repaid”. 
5 Sub­section (5) to (7) were subs. by Act 5 of 1929, s. 4, for the original su b­section (5). 
6 Ins. by Act 11 of 1957, s. 5. 
7 Sub­section (6) re­numbered as sub­section (8) by the Work men’s Compensation (Amdt.) Act, 1929 (5 of 1929), s. 4 (w.e.f. 29­ 3­1929). 
 
Page 12 of 35  
Provided that no such order prejudicial to any person shall be made unless such person has 
been given an opportunity of showing cause why the order should not be made, or shall made in any 
case in which it would involve the repayment by a dependant of any sum already paid to him. 
 
1[(9) Where the Commissioner varies any order under subsection (8) by reason of the fact 
that payment of compensation to any person has been obtained by fraud, impersonation or other 
improper means, any amount so paid to or on behalf of such person may be recovered in the manner 
hereinafter provided in section 31.] 
 
9. Compensation not to be  assigned, attached or charged. —Save as provided by this 
Act, no lump sum or half­monthly payment payable under this Act shall in any way be ca pable of 
being assigned or charged or be liable to attachment or pass to any person other than the workman 
by operation of law, nor shall any claim be set off against the same. 
 
10.   Notice and claim. —(1) 2[No claim for compensation shall be entertained by a 
Commissioner unless notice of the accident has been given in the manner hereinafter provided as 
soon as practicable after the happening thereof and unless the claim is preferred before him within 
3[three years] of the occurrence of the accident or, in case  of death, within 3[three years] from the 
date of death]: 
Provided that, where the accident is the contracting of a disease in respect of which the 
provisions of sub‑section (2) of section 3 are applicable, the accident shall be deemed to have 
occurred on the first of the days during which the workman was continuously absent from work in 
consequence of the disablement caused by the disease: 
 
4[Provided further that the want of or any defect or irregularity in a notice shall not be a bar 
to the 5[entertainment of a claim] 
(a) if the claim is 6[preferred] in respect of the death of a workman resulting from 
an accident which occurred on the premises of the employer, or at any place 
where the workman at the time of the accident was working under the control 
of the employer or of any person employed by him, and the workman died on 
such premises or at such place, or on any premises belonging to the employer, 
or died without having left the vicinity of the premises or place where the 
accident occurred, or 
 
(b) if the employer 7[or any one of several employers or any person responsible to 
the employer for the management of any branch of the trade or business in 
which the injured workman was employed] had knowledge of the accident 
from any other source at or about the time when it occurred :] 
 
 
 
1 Sub­section (9) added, by Act 5 of 1929, s.4. 
2 Subs. by the Work men’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 5 (w.e.f. 5­4­1938), for certain words.  
3 Subs. by the Work men’s Compensation (Amdt.) Act, 1973 (14 of 1973),  section 4 (w.e.f. 7­2­1973), for “one year”. 
4 Proviso ins. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 7.  
5 Subs. by Act 9 of 1938, s. 5, for “maintenance of proceeding”.  
6 Subs. ibid., for “made”. 
7 Ins. by Act No. 9 of 1938. 
 
Page 13 of 35  
Provided, fur ther, that the Commissioner may 1[entertain] and decide any claim to 
compensation in any case notwithstanding that the notice has not been given, or the claim has not 
been 2[preferred], in due time as provided in this sub ‑section, if he is satisfied that the failure so to 
give the notice or 3[prefer] the claim, as the case may be, was due to sufficient cause. 
 
(2) Every such notice shall give the name and address of the person injured and shall state in 
ordinary language the cause of the injury and the date on which the accident happened, and shall be 
served on the employer or upon 4[any one of] several employers, or upon any person 5* responsible 
to the employer for the management of any branch of the trade or business in which the injured 
workman was employed. 
 
6[(3) The 7[Provincial Government] may require that any prescribed class of employers shall 
maintain at their premises at which workmen are employed a notice ‑book, in the prescribed form, 
which shall be readily accessible  at all reasonable times to any injured workman employed on the 
premises and to any person acting bona fide on his behalf. 
 
(4) A notice under this section may be served by delivering it at, or sending it by registered 
post addressed to, the residence or any office or place of business of the person on whom it is to be 
served, or, where a notice‑book is maintained, by entry in the notice‑book.] 
8[10A. Power to require from employers statements regarding fatal accidents. —(1) 
Where a Commissioner receives information from any source that a workman has died as a result of 
an accident arising out of and in the course of his employment, he may send by registered post a 
notice to the workman's employer requiring him to submit, within thirty days of the service of the 
notice, a statement, in the prescribed form, giving the circumstances attending the death of the 
workman, and indicating whether, in the opinion of the employer, he is or is not liable to deposit 
compensation on account of the death. 
 
(2)  If the employer is of opinion that he is liable to deposit compensation, he shall make the 
deposit within thirty days of the service of the notice. 
 
(3)  If the employer is of opinion that he is not liable to deposit compensation, he shall in his 
statement indicate the grounds on which he disclaims liability. 
 
(4)  Where the employer has so disclaimed liability, the Commissioner, after such enquiry as 
he may think fit, may inform any of the dependants of the deceased workman that  it is open to the 
dependants to prefer a claim f or compensation, and may give them such other further information as 
he may think fit. 
 
10B.  Reports of fatal accidents.—(1) Where, by any law for the time being in force, notice 
is required to be given to any authority, by or on behalf of an employer, of any accident occurring on 
his premises which results in death, the person required to give the notice shall, within seven days of 
the death, send a report to the Commissioner giving the circumstances attending the death: 
 
1 Subs. ibid., for “admit”. 
2 Subs. ibid., for “instituted”. 
3 Subs. ibid., for “institute”. 
4 Subs. by the Repealing and Amending Act, 1924 (7 of 1924), s. 2 and Sch. I (w.e.f. 15­3­1924), for “any one or”.  
5 The word “directly” omitted by the Work men’s Compensation (Amdt.) Act, 1938  (9 of 1938), s. 5 (w.e.f. 5­4­1938). 
6 Subs. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 7, for the original sub­section (3).  
7 Subs. by A.O., 1937 (w.e.f. 1­4­1937), for “L.G.”. 
8 Ss. 10A and 10B were ins. by Act 15 of 1933, s. 8. 
 
Page 14 of 35  
Provided that where the 1[Provincial Government] has so prescribed the person required to 
give the notice may instead of sending such report to the Commissioner send it to the authority to 
whom he is required to give the notice. 
 
(2) The 1[Provincial Government] may, by notification in the 2[official Gazette], extend the 
provisions of sub‑section (1) to any class of premises other than those coming within the scope of 
that sub‑section and may by such notification, specify the persons who sha ll send the report to the 
Commissioner.] 
 
3[10C. Officers authorized may refer cases for payment of compensation. —A Labour 
Commissioner, an Inspector of Factories or any other officer authorized by the Provincial 
Government for this purpose may refer, in the prescribed manner, to the Commissioner cases of 
workmen who have not been paid due compensation by employers under the provisions of this Act. 
 
10D. Fixation of abstracts of the Act or rules at the entrance of the premises. —There 
shall be affixed in some conspicuous place near the main entrance of every place where workmen 
are employed, in English and in the language of the majority of the workmen, such abstracts of this 
Act and of the rules made thereunder as may be prescribed.] 
  
11. Medical Examination .—4[(1) Where a workman has given notice of an accident, the 
employer shall, before the expiry of three days from the time at which service of the notice has been 
effected, have the workman examined free of charge by a qualified medical practitioner, and t he 
workman shall submit himself for such examination, and any workman who is in receipt of a  
half‑monthly payment under this Act, shall if so required, submit himself for such examination from 
time to time: 
 
Provided that a workman not examined free of charge as aforesaid may get himself examined 
by a qualified medical practitioner and the expenses of such medical examination shall be 
reimbursed to the workman by the employer: 
 
Provided further that a workman shall not be required to submit himself for exam ination by a 
medical practitioner otherwise than in accordance with rules made under this Act, or at more 
frequent intervals than may be prescribed.] 
 
(2) If a workman, on being required to do so by the employer under sub‑section (1) or by 
the Commissioner at any time, refuses to submit himself for examination by a qualified medical 
practitioner or in any way obstructs the same, his right to compensation sha ll be suspended during 
the continuance of such refusal or obstruction unless, in the case of refusal, he was prevented by 
any sufficient cause from so submitting himself. 
 
(3) If a workman, before the expiry of the period within which he is liable under sub‑se ction 
(1) to be required to submit himself for medical examination, voluntarily leaves without having 
been so examined the vicinity of the place in which he was employed, his right to compensation 
shall be suspended until he returns and offers himself for such examination. 
 
 
1 Subs. by A.O., 1937 (w.e.f. 1­4­1937), for “L.G.”. 
2 Subs. ibid., for “local official Gazette”. 
3 Ins. by the Work men’s Compensation (Amdt.) Act, 1957 (11 of 1957), section 6 (w.e.f. 15­3­1957).  
4 Subs. ibid., s. 7, for the original sub­section (1). 
 
Page 15 of 35  
 
(4) Where a workman, whose right to compensation has been suspended under sub‑section 
(2) or sub‑section (3), dies without having submitted himself for medical examination as required 
by either of those sub‑sections, the Commis sioner may, if he thinks fit, direct the payment of 
compensation to the dependants of the deceased workman. 
 
(5) Where under sub‑section (2) or sub‑section (3) a right to compensation is suspended, no 
compensation shall be payable in respect of the period of suspension, and, if the period of 
suspension commences before the expiry of the waiting period referred to in clause D of sub‑section 
(1) of section 4, the waiting period shall be increased by the period during which the suspension 
continues. 
 
(6) Where an inj ured‑workman has refused to be attended by a qualified medical 
practitioner whose services have been offered to him by the employer free of charge or having 
accepted such offer has deliberately disregarded the instructions of such medical practitioner, the n, 
1[if it is proved  that the workman has not thereafter been regularly attended by a qualified medical 
practitioner or having been so attended has deliberately failed to follow his instructions and that 
such refusal, disregard or failure was unreasonable]  in the circumstances of the case and that the 
injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of 
the same nature and duration as they might reasonably have been expected to be if the workman had 
been regularly attended by a qualified medical practitioner 2[whose instructions he had followed], 
and compensation, if any, shall be payable accordingly. 
 
12.  Contracting. —(1) Where any person (hereinafter in this section referred to as the 
principal) in the course of o r for the purposes of his trade or business contracts with any other 
person (hereinafter in this section referred to as the contractor) for the execution by or under the 
contractor of the whole  or any part of any work which is ordinarily part of the trade or business of 
the principal, the principal shall be liable to pay to any workman employed in the execution of the 
work any compensation which he would have been liable t o pay if that workman had been 
immediately employed by him ; and where compensation is  claimed from the principal, this Act 
shall apply as if references to the principal were substituted for references to the employer except 
that the amount of compensation shall be calculated with reference to the wages of the workman 
under the employer by whom he is immediately employed. 
 
(2) Where the principal is liable to pay compensation under this section, he shall be entitled to 
be indemnified by the contractor, 3[or any other person from whom the workman could have 
recovered compensation and where a contractor who is himself a principal is liable to pay 
compensation or to indemnify a principal under this section he shall be entitled to be indemnified by 
any person standing to him in the relation of a contractor from whom the workman could have 
recovered compensation] and all questions as to the right to and the amount of any such indemnity 
shall, in default of agreement, be settled by the Commissioner. 
 
(3) Nothing in this section shall be construed as preventing a workman from recovering 
compensation from the contractor instead of the principal. 
 
1Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 6 (w.e.f. 5­4­1938), for “if it is thereafter proved that the workman 
has not been regularly attended by a qualified medical practitioner and that such refusal, failure or disregard was unreasonable”. 
2Ins. ibid. 
   3Ins. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), section 9.
 
Page 16 of 35  
(4) This section shall not apply in any case where the accident occurred elsewhere than on, i n 
or about the premises on which the principal has undertaken or usually undertakes, as the case may 
be, to execute the work or which are otherwise under his control or management. 
 
13. Remedies of employer against stranger. —Where a workman has recovered 
compensation in respect of any injury caused under circumstances creating a legal liability of some 
person other than the person by whom the compensation was paid to pay damages in respect thereof, 
the person by whom the compensation was paid and any person who  has been called on to pay an 
indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages 
as aforesaid. 
 
14. Insolvency of employer.— (1) Where any employer has entered into a contract with any 
insurers in respect of any liability under this Act to any workman, then in the event of the employer 
becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the 
employer is a company, in the event of the company having commenced to be wound up, the rights of 
the employer against the insurers as respects that liability shall, notwithstanding anything in any law 
for the time being in force relating to insolvency or the winding up of companies, be transferred to 
and vest in the workman, and upon any such transfer the insurers shall have the same rights and 
remedies and be subject to the same liabilities as if they were the employer, so, however, that the 
insurers shall not be under any greater liability to the workman than they would have bee n under to 
the employer. 
 
(2) If the liability of the insurers to the workman is less than the liability of the employer to 
the workman, the workman may prove for the balance in the insolvency proceedings or liquidation. 
 
(3) Where in any case such as is r eferred to in sub ‑section (1) the contract of the employer 
with the insurers is void or voidable by reason of non ‑compliance on the part of the employer with 
any terms or conditions of the contract (other than a stipulation or the payment of premia), the 
provisions of that sub‑section shall apply as if the contract were not void or voidable, and the insurers 
shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the 
workman: 
 
Provided that the provisions of this sub ‑section shall not apply i n any case in which the 
workman fails to give notice to the insurers of the happening of the accident and of any  resulting 
disablement as soon as practicable after he becomes aware of the institution of the insolvency or 
liquidation proceedings. 
(4) There shall be deemed to be included among the debts which under section 49 of the 
1[Insolvency (Karachi Division) Act]. (XXVII of 1981)], or under section 61 of the Provincial 
Insolvency Act, 1920 (V of 1920), or under section 230 of the  Companies Act, 1913 (VII of 1913), 
are in the distribution of the property of an insolvent or in the distribution of the assets of a 
company being wound up to be paid in priority to all other debts, the amount due in respect of any 
compensation the liabil ity where for accrued before the date of the order of adjudication of the 
insolvent or the date of the commencement of the winding up, as the case may be, and those Acts 
shall have effect accordingly. 
(5)Where the compensation is a half ‑monthly payment, th e amount due in respect thereof 
shall, for the purposes of this section, be taken to be the amount of the lump sum for which the 
half‑monthly payment could, if redeemable, be redeemed if application were made  
1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “Insolvency (Karachi Division and Dacca) 
Act”, which was previously amended by various enactments. 
 
Page 17 of 35  
 (6) The provisions of sub ‑section (4) shall apply  in the case of any amount for which an 
insurer is entitled to prove under sub -section (3), but otherwise those provisions shall not apply 
where the insolvent or the company being wound up has entered into s uch a contract with insurers as 
is referred to in sub‑section (1). 
(7) This section shall not apply where a company is wound up voluntarily merely for the 
purposes of reconstruction or of amalgamation with another company. 
 
15. Special provisions relating to masters and seamen. — This Act shall apply in the case 
of workmen who are masters of 1* ships or seamen subject to the following modifications, namely: 
— 
(1) The notice of the accident and the claim for compensation may, except where the person 
injured is the master of the ship, be  served on the master of the ship as if he were the employer, but 
where the accident happened and the disablement commenced on board the ship, it shall not be 
necessary for any seamen to give any notice of the accident. 
 
(2) In the case of the death of a master or seaman, the claim for compensation shall be made 
within six months after the news of the death has been received by the claimant or, where the ship 
has been or is deemed to have been lost with all hands, within eighteen months of the date on which 
the ship was, or is deemed to have been, so lost. 
 
(3) Where an injured master or seaman is discharged or left behind 2* * * in a foreign 
country, any depositions taken 2* * * by any Consular Officer in the foreign country and transmitted 
by the person by whom they are taken to the  3[Federal Government] or any 4[Provincial 
Government] shall, in any proceedings for enforcing the claim, be admissible in evidence_ 
(a) if the deposition is authenticated by the signature of the 5* * * Consular 
Officer before whom it is made ; 
 
(b) if the defendant or the person accused, as the case may be, had an opportunity 
by himself or his agent to cross‑examine the witness ; and 
(c) if the deposition was made in the course of a criminal proceeding, on proof 
that the deposition was made in the presence of the person accused ; 
 
and it shall not be necessary in any case to prove the signature or official character of 
the person appearing to have signed any such deposition and a certificate by such 
person that the defendant or the person accused h ad an opportunity of cross ‑examining 
the witness and that the deposition if made in a criminal proceeding was made in the 
presence of the person accused shall, unless the contrary is proved, be sufficient 
evidence that he had that opportunity and that it was so made. 
 
1The word “registered” omitted by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 10. 
2Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II. 
 3Subs. by A.O., 1975, Art. 2 and Table for “Central Government” (w.e.f. 14­8­73), which had been subs. by A.O., 1937 (w.e.f. 1­4­1937) for “G.G. in     
C.” 
 4Subs. by A.O., 1937, for “L.G.”. 
 
Page 18 of 35  
1*    *   *    * * * * 
2[(4) No 3[half‑monthly payment] shall be payable in respect of the period during which the 
owner of the ship is, under any law in force for the time being in 4[Pakistan] relating to merchant 
shipping, liable to defray the expenses of maintenance of the injured master or seaman. 
 
 5[(5) No compensation shall be payable under this  Act in respect of any injury in respect of 
which provision is made for payment of a gratuity, allowance or pension under the War Pensions and 
Detention Allowances (Mercanti le Marine, etc.) Scheme,  1939 ( 2 & 3 Geo 6.c.83.), or the War 
Pensions and Detention Allowances (Indian Seamen, etc.) Scheme, 1941, made under the Pensions 
(Navy, Army, Air Force and Mercantile Marine) Act, 1939, or under the War Pensions and Detention 
Allowances (Indian Seamen) Scheme, 1942, made by the 6[Federal Government]. 
(6) Failure to give a notice or make a claim or commence proceedings within the time 
required by this Act shall not be a bar to the maintenance of proceedings under this Act in respect of 
any personal injury, if 
 
(a) an application has been made for payment in respect of that injury under any 
of the schemes referred to in the preceding clause, and 
 
(b) the Provincial Government certifies that the said application was made in the 
reasonable belief that the injury was one in respect of which the scheme 
under which the application was made, makes provision for payments, and 
that the application was rejected or that payments made in pursuance of the 
application were discontinued on the ground that the injury was not such an 
injury, and 
 
(c) the proceedings under this Act are commenced within one month from the 
date on which the said certificate of the Provincial Government was 
furnished to the person commencing the proceedings.] 
 
16.  Returns as to compensation. —The 7[Provincial Government] may, by notification in 
the 8[official Gazette], direct that every person employing workmen, or that any specified class of 
such persons, shall send at such time and in such form and to such authority, as may be specified in 
the notification, a correct return specifying the number of injuries in respect of which compensation 
has been paid by the employer during the previous year and the amount of such compensation, 
together with such other particulars as to the compensation as the 7[Provincial Government] may 
direct. 
 
 
1The Original cl. (4) omitted by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 7 (w.e.f. 5­4­1938). 
2Cl. (5) renumbered and cl. (4), ibid. 
3Subs. by the Repealing and Amending Act, 1924 (7 of 1924), s. 2 and Sch. I (w.e.f. 15­3­1924), for “monthly payment”. 
4Subs, and shall be deemed to have been so subs. on the fourteenth day of October, 1955, by the Central Laws (Statute Reform) Ordinance, 1960 
(21 of 1960), s. 3 and Second Sch., for the words “the Provinces and the Capital of the Federation” which were subs. by A.O., 1949 (w.e.f. 
28­3­1949) for “British India”. 
5Subs. by the Workmen’s Compensation (Amdt.) Act, 1942 (1 of 1942), section 2 (w.e.f. 3­9­1939), for cl. (5) which was ins. by the Workmen’s 
Compensation (Second Amdt.) Act, 1939 (42 of 1939), s. 2 (w.e.f. 3­9­1939). 
6Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” (w.e.f. 14­8­1973). 
7Subs. by A.O., 1937 (w.e.f.1­4­1937), for “G.G. in C.”. 
8Subs. ibid., for “Gazette of India”
 
Page 19 of 35  
17. Contracting out. — Any contract or agreement whether made before or after the 
commencement of this Act, whereby a workman relinquishes any right of compensation from the 
employer for the personal injury arising out of or in the course of the employment, shall be null and 
void in so far as it purports to remove or reduce the liability of any person to pay compensation 
under this Act. 
 
18. Proof of age.— Where any question arises as to the a ge of a person injured by accident 
arising out of and in the course of his employment in a factory, 1[a valid certificate granted in 
respect of such person under section 12 or section 52 of the Factories Act, 1934  (XXV of 1934) ], 
before the occurrence of the injury shall be conclusive proof of the age of such person. 
 
2[18A. Penalties.— (1) Whoever__ 
(a) fails to maintain a notice book which he is required to maintain under 
sub‑section (3) of section 10, or 
  ]] 
(b) fails to send to the Commissioner a statement which he is required to send 
under sub­ section (1) of section 10A, or 
 
(c) fails to send a report which he is required to send under section 10B, or 
 
(d) fails to make a return which he is required to make under section 16; 3[or] 
 
4[(e)      fails to affix the abstracts of this Act and of the rules as required by section 
10D,] shall be punish able with fine which may extend to one hundred rupees. 
 
5*     *    *  *  *  *  * 
 
(2) No prosecution under this section shall be instituted except by or with the previous 
sanction of a Commissioner, and no court shall take cognizance of any offence under this section, 
unless complaint thereof is made within six months of the date on which the offence is alleged to 
have been committed.] 
 
CHAPTER III  
COMMISSIONERS 
 
19. Reference to Commissioners.—(1) If any question arises in any proceedings under this 
Act as to the liability of any parson to pay compensation (including any question as to weather a 
person injured is or is not a workman) or as to the amount or duration of compensa tion (including 
any question as to the nature or extend of disablement), the question shall, in default of agreement, be 
settled by 6[a Commissioner]. 
(2) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is 
by or under this Act required to be settled, decided or dealt with by a Commissioner or to enforce any 
liability incurred under this Act. 
 
1Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 7 (w.e.f 5-4­1938), for “a certificate granted in respect of such 
person under section 7 or section 8 of the Indian Factories Act, 1911”. 
2S. 18A ins. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 11. 
3Added by the Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), s.11, section 8 (w.e.f 15-3-1957). 
4Ins. ibid. 
5Sub­setion (1A) ins. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and 1st Sch. (w.e.f. 13­4­1972), omitted by the Work men’s 
Compensation (Amdt.) Act, 1973 (14 of 1973), s. 5 (w.e.f. 7­2­1973). 
6Subs. by Act 15 of 1933, s. 12, for “the Commissioner”. 
 
 
 
Page 20 of 35  
20. Appointment of Commissioners. —(1) The 1[Provincial Government] may, by 
notification in the 2[official Gazette], appoint any person to be a Commissioner for Workmen's 
Compensation for such local area as may be specified in the notification. 
 
3[(2) Where more than one Commissioner has been appointed for any local area, the 
1[Provincial Government] may, by general or special order, regulate the distribution of business 
between them.] 
 
3[(3) Any Commissioner may, for the purpose of deciding any matter referred to him for 
decision under this Act, choose one or more persons possessing special knowledge of any matter 
relevant to the matter under inquiry to assist him in holding the inquiry. 
 
3[(4) Every Commissioner shall be deemed to be a public servant within the meaning of the 
Pakistan Penal Code (Act XLV of 1860). 
 
21. Venue of Proceedings and transfer. —(1) Where any matter is under this Act to be 
done by or before a Commissioner, the same shall, subj ect to the provisions of this Act and to any 
rules made he reunder, be done by or before 4[a Commissioner] for the local area in which the 
accident took place which resulted in the injury: 
 
Provided that, where the workman is the master of a 5* ship or a seaman, any such matter 
may be done by or before 4[a Commissioner] for the local area in which the owner or agent of the 
ship resides or carries on business. 
 
(2) If a Commissioner is satisfied 6[that any matter arising out of any proceedings pendi ng 
before him] can be more conveniently dealt with by any other Commissioner, whether in the same 
Province or not, he may, subject to rules made under this Act, order such matter to be transferred to 
such other Commissioner either for report or for disposa l, and, if he does so, shall forthwith 
transmit to such other Commissioner all documents relevant for the decision of such matter and, 
where the matter is transferred for disposal, shall also transmit in the prescribed manner any money 
remaining in his hands or invested by him for the benefit of any party to the proceedings: 
 
7[Provided that the Commissioner shall not, where any party to the proceedings has 
appeared before him, make any order of transfer relating to the distribution among dependants  of a 
lump sum without giving such party an opportunity of being heard :] 
 
Provided 8[further] that no matter other than a matter relating to the actual payment to a 
workman or the distribution among dependants of a lump sum shall be transferred for dispos al 
under this sub‑section to a Commissioner in the same Province save with the previous sanction of 
the 1[Provincial Government] or to a Commissioner in another Province  save with the previous 
sanction of 9[the Provincial Government of that Province], unle ss all the parties to the proceedings 
agree to the transfer. 
1Subs. by A.O., 1937 (w.e.f.1­4­1937), for “L.G.”. 
2Subs. ibid., for “local official Gazette”. 
3A new sub­section (2) was ins. and the old sub­section (2) and (3) were re­numbe red as (3) and (4), by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 
13. 
4Subs. ibid., s. 14, for “the Commissioner”. 
5The word “registered” omitted, ibid. 
6Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 9 ( w.e.f. 5­4­1938), for “by any party to any proceedings under this Act pending before 
him that such matter”. 
7Proviso ins. ibid.  
8Ins. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 9 (w.e.f. 5­4­1938) 
 9Subs. ibid., for “the G.G. in C.”.
 
Page 21 of 35  
(3) The Commissioner to whom any matter is so transferred shall, subject to rules made under 
this Act, inquire thereinto and, if the matter was transferred for report, return his report thereon or, 
if the matter was transferred for disposal, continue the proceedin gs as if they had originally 
commenced before him. 
 
(4) On receipt of a report from a Commissioner to whom any matter has been transferred for 
report under sub ‑section (2), the Commissioner by whom it was referred shall decide the matter 
referred in conformity with such report. 
 
1[(5) The 2[Provincial Government] may transfer any matter from any Commissioner 
appointed by it to any other Commissioner appointed by it.] 
 
22. Form of application. —(1) No application for the settlement of any matter by a 
Commissioner, 3[other than an application by a dependant or dependants for compensation] shall 
be made unless and until some question has arisen between the parties in connection therewith 
which they have been unable to settle by agreement. 
 
   (2) 4[An application to a Commissioner] may be  made in such form and shall be 
accompanied by such  fee, if any, as may be prescribed, and shall contain, in ad dition to any 
particulars which may be prescribed, the following particulars, namely: — 
(a) a concise statement of the circumstances in which the application is made 
and the relief or order which the applicant claims ; 
 
(b) in the case of a claim for compensation against an employer, the date of 
service of notice of the accident on the employer and, if such notice has not 
been served or has not been served in due time, the reason for such omission 
; 
 
(c)  the names and addresses of the parties ; and 
 
(d) 5[except in the case of an application by dependants for compensation] a 
concise statement of the matters on which agreement has and 6[of] those on 
which agreement has not been come to. 
 
(3) If the applicant is illiterate or for any other reason is unable to furnish the required 
information in writing, the application shall, if the applicant so desires, be prepared under the 
direction of the Commissioner. 
 
7[22A Power of Commissioner to require further depo sit in cases of fatal accident. —(1) 
Where any sum has been deposited by an employer as compensation payable in respect of a 
workman whose injury  has  resulted in death,  and in  the opinion of the Commissioner such  sum    
 
1 Subs. by A.o., 1937 (w.e.f 1-4-1937), for “L.G”. 
2 Sub­section (5) ins. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 14.  
3 Ins. ibid., s. 15. 
4 Subs. ibid., for “Where any such question has arisen, the application.” 
5 Ins. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), section 15.  
6 Subs. by the Repealing and Amending Act, 1925 (37 of 1925), s. 2 and Sch. I ( w.e.f. 23­9­1925), for “on”. 
7 S. 22A ins. by Act 15 of 1933, s. 16. 
 
Page 22 of 35  
is insufficient, the Commissioner may, by notice in writing stating his reasons, call upon the 
employer to show cause why he should not make a further deposit within such time as may be 
stated in the notice. 
 
(2) If the employer fails to show cause to the satisfaction of the Commissioner, the 
Commissioner may make an award determining the total amount payable, and requiring the 
employer to deposit the deficiency.] 
 
23. Powers and procedure of Commissioners.—The Commissioner shall have all the 
powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), for the purpose 
of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of 
enforcing the atte ndance of witnesses and compelling the production of documents and material 
objects, 1[and the Commissioner shall be deemed to be a Civil Court for all the purposes of section 
195 and of Chapter XXXV of the Code of Criminal Procedure, 1898 ( Act of 1898).] 
 
24. Appearance of parties.  Any appearance, application or act required to be made or 
done by any person before or to a Commissioner (other than an appearance of a party which is 
required for the purpose of his examination as a witness) may be made or done on  behalf of such 
person by a legal practitioner or 2[by an official of an Insurance Company or registered Trade Union 
authorized in writing by such person or, with the permission of the Commissioner, by any other 
person so authorized]. 
 
25. Method of recording evidence. The Commissioner shall make a brief memorandum of 
the substance of the evidence of every witness as the examination of the witness proceeds, and such 
memorandum shall be written and signed by the Commissioner with his own hand and shall form 
part of the record: 
 
Provided that, if the Commissioner is prevented from making such memorandum, he shall 
record the reason of his inability to do so and shall cause such memorandum to be made in writing 
from his dictation and shall sign the same, and such memorandum shall form part of the record: 
 
Provided further that the evidence of any medical witness shall be taken down as nearly as 
may be word for word. 
 
26. Costs. All costs, incidental to any proceedings before a Commissioner, shall, subject to 
rules made under this Act, be in the discretion of the Commissioner. 
 
27. Power to submit cases. A Commissioner may, if he thinks fit, submit any question of 
law for the decision of the 3[Tribunal] and, if he does so, shall decide the question in conformity 
with such decision. 
 
28. Registration of agreements. —(1) Where the amount of any lump sum  payable as 
compensation  has  been settled  by agreement,  whether  by  way of  redemption  of  a   
half‑monthly  payment or otherwise, or   where  any  compensation  has  been so  settled  as  being 
 
 
1 Ins. by the Workmen’s Compensation (Amdt.) Act, 1929 (5 of 1929), section, 5 ( w.e.f. 29­3­1929). 
2 Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 10 ( w.e.f. 5­4­1938), for “other person authorized in writing by such person”.  
3 Subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. ( w.e.f. 25­1­1975), for “High Court”. 
 
Page 23 of 35  
payable 1[to a women or a person under a legal disability] 2* * * a memorandum thereof shall be 
sent by the employer to the Commissioner, who shall, on being satisfied as to its genuineness, 
record the memorandum in a register in the prescribed manner: 
 
Provided that 
 
(a) no such memorandum shall be recorded before seve n days after 
communication by the Commissioner of notice to the parties concerned; 
 
3*   *   *  *  *  *  * 
(c) the Commissioner may at any time rectify the register; 
 
(d) where it appears to the Commissioner that an agreement as to the payment of 
a lump sum whether by way of redemption of a half‑monthly payment or 
otherwise, or an agreement as to the amount of compensation payable 2[to a 
woman or a person under a legal disa bility] 4* * * ought not to be  registered 
by reason of the inadequacy of the sum or amount, or by reason of the 
agreement having been obtained by fraud or undue influence or other 
improper means, he may refuse to record the memorandum of the agreement 
5[and may make such order] including an order as to any sum already paid 
under the agreement, as he thinks just in the circumstances. 
 
(2) An agreement for the payment of compensation which has been registered under 
sub‑section (1) shall be enforceable under t his Act notwithstanding anything contained in the 
Contract Act, 1872 (IX of 1872), or in any other law for the time being in force. 
 
29. Effect of failure to register agreement. —Where a memorandum of any agreement the 
registration of which is required by secti on 28, is not sent to the Commissioner as required by that 
section, the employer shall be liable to pay the full amount of compensation which he is liable to 
pay under the provisions of this Act, and notwithstanding anything contained in the proviso to 
sub‑section (1) of section 4, shall not, unless the  Commissioner otherwise directs, be entitled to 
deduct more than half of any amount paid to the workman by  way of compensation whether under 
the agreement or otherwise. 
 
30. Appeals.—(1) An appeal shall lie to the 6[Tribunal] from the following orders of a 
commission namely.— 
(a) an order awarding as compensation a lump sum whether by way of 
redemption of a half‑monthly payment or otherwise or disallowing a claim in 
full or in part for a lump sum ; 
 
(b) an order refusing to allow redemption of a half monthly payment; 
 
(c) an order providing for the distribution of compensation among the 
dependants of a deceased workman, or disallowing any claims of a person 
alleging himself to be such dependant ; 
 
(d) an order allowing or disallowing any claim for the amount of an indemnity 
under the provisions of Subsection (2) of section 12 ; or 
 
1 Subs. by the Workmen’s Compensation (Amdt.) Act, 1929 (5 of 1929), section 6 ( w.e.f. 29­3­1929), for “to a person under a legal disability”. 
2The words “or to a dependent” omitted by the Repealing and Amending Act, 1924 (7 of 1924), s. 3 and Sch. II ( w.e.f. 15­3­1924). 
3 Cl. (b) omitted by Act 5 of 1929, s. 6. 
4 The words “or to any dependent” omitted by Act 7 of 1924, s. 3 and  Sch. II. 
5 Subs. ibid., s. 2 and Sch. I, for “or may make such order”.  
6 Subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. ( w.e.f.25­1­1975 ), for “High Court”. 
 
Page 24 of 35  
(e) an order refusing to register a memorandum of agreement or  registering the 
same or providing for the registration of the same subject to conditions: 
 
Provided that no appeal shall lie against any order unless a substantial question of law is 
involved in the appeal and, in the case of an order other than an order such as is referred to in clause 
(b), unless the amount in dispute in the appeal is not less than three hundred rupees: 
 
Provided, further, that no appeal shall lie in any case in which the parties have agreed to 
abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect 
to an agreement come to by the parties: 
 
1[Provided further that no appeal by an employer under clause ( a) shall lie unless the 
memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the 
appellant has deposited with him the amount payable under the order appealed against.] 
 
(2) The period of limitation for an appeal under this section shall be sixty days. 
 
(3) The provisions of section 5 of the Limitation Act, 1908 (IX of 19 08), shall be 
applicable to appeals under this section. 
 
2[(4) All appeals under this section, and all questions under section 27, pending before any 
High Court immediately before the commencement of the Labour Laws (Amendment) Act, 1975, 
shall, on such co mmencement, stand transferred to, and be disposed of by, the Tribunal within 
whose jurisdiction the cause of action to which the appeal relates or, as the case may be, the 
question arose.] 
 
 3[30A. Withholding of certain payments pending decision of appeal .—Where an 
employer makes an appeal under clause (a) of sub‑section (1) of section 30, the Commissioner may, 
and if so directed by the 4[Tribunal] shall, pending the decision of the appeal, withhold payment of 
any sum in deposit with him.] 
 
5[31. Recovery. —(1)] The Commissioner may recover as an arrear of land revenue any 
amount payable by any person under this Act, whether under an agreement for the payment of 
compensation or otherwise, and the Commissioner shall be deemed to be a public officer within the  
meaning of section 5 of the Revenue Recovery Act, 1890 (I of 1890). 
 
6[(2) Without prejudice to the provisions of sub‑section (1), the Commissioner may recover 
in the prescribed manner any amount referred to therein by distress and sale of the moveable 
property belonging to the person by whom the amount is payable, or by attachment and sale of the  
immoveable property belonging to such person.] 
 
CHAPTER IV 
RULES 
 
32. Power of the Provi ncial Government to make rules. —(1) The 7[Provincial 
Government] may make rules8 to carry out the purposes of this Act. 
 1The proviso ins. by the Work men’s Compensation (Amdt.), Act, 1933 (15 of 1933), s. 17.  
2Sub­section (4) added by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. ( w.e.f. 25­1­1975). 
3S. 30A ins. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 18.  
4Subs. by Act 11 of 1975, s. 2 and Sch., for “High Court”.  
5S. 31 re­numbered as sub­section (1) of that section by the Labour Laws (Amdt.) Act, 1976 (11 of 1976), s. 2 and Sch. ( w.e.f. 12­4­1976). 
 6Sub­section (2) added ibid. 
7Subs. by A.O., 1937 (w.e.f. 1­4­1937), for “G.G. in C.”. 
8 For the Workmen’s Compensation Rules, 1924, see Gen. R. & O.
 
Page 25 of 35  
(2) In particular and without prejudice to the generality of the foregoing power, such rules 
may provide for all or any of the following matters, namely:__ 
 
(a) for prescribing the intervals at which and the conditions subject to which an 
application for review may be made under section 6 when not accompanied by a 
medical certificate ; 
 
(b) for prescribing the intervals at which and the conditions subject to which a workman 
may be required to sub mit himself for medical examination und er sub‑section (1) of 
section 11 ; 
 
(c) for prescribing the procedure to be followed by Commissioners in the disposal  of 
cases under this Act and by the parties in such cases 
 
(d) for regulating the transfer of matters and cases from one Commissioner to another 
and the transfer of money in such cases ; 
 
(e) for prescribing the manner in which money in the hands of a Commissioner  may be 
invested for the benefit of dependants of a deceased workman and for the transfer of 
money so invested from one Commissioner to another ; 
 
1[(ee) for prescribing the manner in which any balance of money may under sub‑section 
(4) of section 8 be tra nsferred to a fund or funds for the benefit of workmen and for 
the establishment and administration of such fund or funds ;] 
 
(f) for the representation in proceedings before Commissioners of parties who are 
minors or are unable to make an appearance ; 
 
(g) for prescribing the form and manner in which memo random of agreements shall be 
presented and registered ; 
 
(h) for the withholding by Commissioners, whether in whole or in part of half‑monthly 
payments pending decision on applications for review of the same ; 2* 
   
2*       *     *  *  *  *  * 
   
2[(i) for regulating the scales of costs which may be allowed in proceedings under this 
Act ; 
 
(j) for prescribing and determining the amount of the fees payable in respect of any 
proceedings before a Com­ missioner under this Act; 
 
(k) for the maintenance by Commissioners of registers and records of proceedings 
before them ; 
 
(l) for prescribing the classes of employers who shall maintain notice‑books under 
sub‑section (3) of section 10, and the form of such notice‑books ; 
(m) for prescribing the form of statement to be submitted by employers under section 
10A ; 3* 
 
 1Ins. by the Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), section 9 ( w.e.f. 15­3­1957). 
2The word “and” at the end of cl. (h) and the original cl. (i ) were omitted and the new cls. (i) to (n), which were the same as cls. (a) to (f) of section 33 were ins. by 
A.O., 1937 (w.e.f. 1­4­1937). 
3The word “and” omitted by Act 11 of 1957, s. 9 
 
Page 26 of 35  
(n) for prescribing the cases in which the report refer red to in section 10B may 
be sent to an authority other than the Commissioner] 1[;] 2[and 
2[(o)  for prescribing the abstracts of this Act and of the rules required by section 
10D.] 
33. [Power of Local Government to make rules.] Rep. by A. O., 1937. 
 
34. Publication of Rules.—(1) The power to make rules conferred by 3[section 32] shall 
be subject to the condition of the rules being made after previous publication. 
 
(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses 
Act, 1897, (X of 1897) as that after which a draft of rules proposed to be made under section 32 4* 
* * will be taken into consideration, shall not be less than three months from the date on which the 
draft of the proposed rules was published for general information. 
 
(3) Rules so made shall be published in 5* * * the 6[official Gazette] 7* * * and, on such 
publication, shall have effect as if enacted in this Act. 
 
8[35. Rules to give effect to arrangements with other countries for the transfer of money 
paid as compensation.-9[(1)] The 10[Federal Government] may, by notification in the 11[official 
Gazette] make rules for the transfer 12[to any Acceding State, or] to any part of His Majesty’s 
Dominions or to any other country of money 11[deposited with] a Commiss ioner under this Act 
14[which has been awarded to, or may be due to,] any person residing or about to reside in such 
12[State], part or country and for the receipt 15[distribution] and administration in 16[Pakistan] of 
any money 17[deposited] under the law relating to workmen’s compensation 12[in any Acceding 
State, or] in any part of His Majesty’s Dominions or in any other country, 18[which has been 
awarded to, or may be due to,] any person residing or about to reside in 16[Pakistan]:] 
19[Provided that no sum deposited under this Act in respect of fatal accidents shall be so 
transferred without the consent of the employer concerned until the Commissioner receiving the 
sum has passed orders determining its distribution and apportionment under the provisions of 
sub‑sections (4) and (5) of section 8. 
1 Subs. ibid., for full­stop. 
2 The word “and” and cl. (o) added, ibid. 
3 Subs. by A.O., 1937, for “section 32 and 33”. 
4 The words and figures “or section 33” omitted , ibid. 
5 The words “the Gazette of India or” omitted by A.O., 1937 ( w.e.f. 1­4­1937). 
6 Subs. ibid., for “local official Gazette”. 
7 The words “as the case may be” omitted, ibid. 
8 S. 35 ins. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 20.  
9 The original s. 35 was re­numbered as sub­section (1) of that section by the Workmen’s Compensation (Amdt.)Act, 1937 (7 of 1937), s. 2 ( w.e.f. 4­3­1937). 
10 Subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. ( w.e.f. 25­1­1975), for “Central Government” which had been subs. by A.O., 1937, for “G.G. in 
C.”. 
11 Subs. by A.O., 1937, for “Gazette of India”. 
12 Ins. by A.O., 1949 (w.e.f. 28­3­1949). 
13 Subs. by Act 7 of 1937, s. 2, for “paid to”. 
14 Subs. ibid., for “for the benefit of”. 
15 Ins. ibid. 
16 Subs. and shall be deemed to have been so subs. on the fourteen day of October, 1955, by the Central Laws (Statue Reform) Ord inance, 1960 (21 of 1960), s.3 and 
Second Sch., for the words “the Provinces and the Capital of the Federation” which were  sub., by A.O., 1949, for “British India”. 
17 Subs. by Act 7 of 1937, s. 2., for “awarded”. 
18 Subs. ibid., for “and applicable for the benefit of”. 
19 The proviso and sub­section (2) added, ibid. 
 
Page 27 of 35  
(2) Where money deposited with a Commissioner has been so transferred in accordance with the 
rules made under this section, the provisions elsewhere contained in this Act regarding distribution 
by the Commissioner of compensation deposited with him shall cease to apply in respect of any such 
money.] 
1
[SCHEDULE-I 
2
[See section 2 (1) and (4)] 
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT. 
 
Sr. No. Description of injuries  Percentage of loss of 
earning capacity.  
1. Loss of both hands or amputation at higher sites ..  100 
2. Loss of a hand and a foot ..  ..  ..  .. 100 
3. Double amputation through leg or thigh, or amputation through 
leg or thigh on one side and loss of other foot .. 
100 
4. Loss of sight to such an extent as to render the claimant unable 
to perform any work for which eye ‑sight is essential.  
100 
5. Very sever facial disfigurement ..   ..  .. 100 
6. Absolute deafness ..  ..  ..  ..  .. 100 
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT 
Amputation cases‑Upper limbs (either arm)   
1. Amputation through shoulder joint ..  ..  .. 90 
2. Amputation below shoulder with stump less than 8 from tip of acromion .. .. .. ..  
.. 
80 
3. Amputation from 8 from tip of acromion to less than 4 ‑1/2" below tip of 
olecranon ..  ..  ..  ..  .. 
70 
4. Loss of a hand or of the thumb and four fingers of one hand or amputation from 
4‑1/2" below tip of olecranon ..   ..  .. 
60 
5. Loss of thumb ..   ..  ..  ..  ..  ..  ..  .. 30 
6. Loss of thumb and its metacarpal bone .. .. .. ..  40 
7. Loss of four fingers of  one hand ..  ..  ..  ..  .. 50 
8. Loss of three fingers of one hand ..  ..  ..  ..  .. 30 
9. Loss of two fingers of one hand ..  ..  ..  .. 20 
10. Loss of terminal phalanx of thumb ..  ..  ..  ..  .. 20 
  
1Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and 1st Sch. (w.e.f. 13­4­1972,) for the existing Shc. I. 
2 Subs. by the Labour Laws (Amdt.) Act, 1972 (5 of 1972), s. 2 and Sch. (w.e.f. 7­9­1972), for “section 2(1) and 4”. 
 
Page 28 of 35  
Amputation cases‑Lower limbs 
 
11. Amputation of both feet resulting in end‑bearing stumps ..  .. 90 
12. Amputation through both feet proximal to the metatarsophalangeal joint .. .. .. .. ..  
..  ..  ..  .. 
80 
13. Loss of all toes of both feet through the metatarsophalangeal joint .. 40 
14. Loss of all toes of both feet proximal to the proximal interphalangeal joint .. .. ..  
..  ..  ..  ..  ..  .. 
30 
15. Loss of all toes of both feet distal to the proximal inter phalangeal joint .. .. .. .. ..  
..  ..  ..  .. 
20 
16. Amputation at hip ..   ..  ..  ..  ..  ..  .. 90 
17. Amputation below hip with stump not exceeding 5” in length measures from tip of great 
trochanter ..  ..  ..  ..  ..  .. 
80 
18. Amputation below hip with stump exceeding 5" in length measured from tip of great 
trochanter but not beyond middle high.  ..  .. 
70 
 
SCHEDULE  
 
Sr. No. Description of injuries  Percentage of loss of 
earning capacity.  
19. Amputation below middle thigh to 3 ‑1/2" below knee  60 
20. Amputation below knee with stump exceeding 3‑1/2in. but not 
exceeding 5in ..   ..  ..  .. 
50 
21. Amputation below knee with stump exceeding 5in.      .. 40 
22. Amputation of one foot resulting in end‑bearing .. 30 
23. Amputation through one foot proximal to the metatarso­ phalangeal 
joint ..  ..  .. 
30 
24. Loss of all toes of one foot through the metatarso­phalangeal joint .. .. .. 20 
 
Other Injuries 
 
25. Loss of one eye, without complications, the other being normal 40 
26. Loss of vision of one eye without complication or disfigurement 
of eyeball, the other being normal .. .. .. .. .. ..  
30 
  
 
 
 
Page 29 of 35  
Fingers of right/left hand index finger 
 
27. Whole .. .. .. .. .. .. .. ..  14 
28. Two phalanges .. .. .. .. .. .. ..  11 
29. One phalanx .. .. .. .. .. .. ..  9 
30. Guillotine amputation of tip without loss of bone .. .. ..  5 
 
Middle finger 
 
31. Whole .. .. .. .. .. .. .. ..  12 
32. Two phalanges .. .. .. .. .. .. ..  9 
33. One phalanx .. .. .. .. .. .. ..  7 
34. Guillotine amputation of tip without loss of bone .. .. ..  4 
 
Ring or little finger 
 
35. Whole .. .. .. .. .. .. .. ..  7 
36. Two phalanxes .. .. .. .. .. .. ..  6 
37. One phalanx .. .. .. .. .. .. ..  5 
38. Guillotine amputation of tip without loss of bone .. .. ..  2 
Toes of right or left foot great toe 
 
39. Through metatarsophalangeal joint .. .. .. .. .. 14 
40. Part, with some loss of bone .. .. .. .. ..  3 
Any other toe 
 
41. Through metatarsophalangeal joint .. .. .. .. 3 
42. Part, with some loss of bone .. .. .. .. .. ..  1 
Two toes of one foot, excluding great toe 
 
43. Through metatarso‑phalangeal joint .. .. .. .. .. 5 
44. Part, with some loss of bone .. .. .. .. .. ..  2 
Three toes of one foot, excluding great toe 
 
45. Through metatarso‑phalangeal joint .. .. .. .. .. 6 
 
Page 30 of 35  
46. Part, with some loss of bone ..  .. .. .. .. .. 3 
Four toes of one foot, excluding great toe 
 
47. Through metatarso‑phalangeal joint .. .. .. .. .. 9 
48. Part, with some loss of bore .. .. .. .. .. ..  3 
 
SCHEDULE-II 
 
[See section 2(1) (n)] 
 
List of persons who, subject to the provisions of section 2(1) (n), are included in the definition of 
workmen 
 
The following persons are workmen within the meaning of section 2(1) ( n) and subject to the 
provisions of that section, that is to say, any person who is 
1[(i) employed, otherwise t han 2* * * on a railway, in connection with the operation or 
maintenance of 3[a lift or a vehicle propelled by steam or other mechanical power or by 
electricity]; or 
 
(ii) employed 4* * * in any premises wherein, or within the precincts whereof, on any one day 
of the preceding twelve months, ten or more persons have been employed in any manufacturing 
process, as defined in 5[clause (g) of section 2 of the Factories Act, 1934 (XXV of 1934)], or in 
any kind of work whatsoever incidental to or connected with any su ch manufacturing process 
or with the article made, and steam, water or other mechanical power or electrical power is used 6* 
* *; or 
 
(iii) employed 7[in any place to which section 5 of the Factories Act, 1934, (XXV of 
1934) has been applied or] for the purpose of making, altering, repairing, ornamenting, finishing 
or otherwise adapting for use, transport or sale any article or part of an article in any premises 
wherein or within the precincts whereof on any one day of the preceding twelve months, fif ty 
or more persons have been so employed; or 
 
(iv) employed in the manufacture or handling of explosives in any premises wherein, or 
within, the precincts whereof, on any one day of the preceding twelve months, ten or more persons 
have been so employed ; or 
 
(v) employed, in any mine as defined in clause (f) of section 3 of the Mines Act, 1923, (IV 
of 1923) in any mining operation, or in any kind of work, 8* * * incidental to connected with 
any mining operation or with the mineral obtained, or in kind or work whatsoever below ground: 
1 These clauses and the Explanation were subs. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 21, for the original clauses.  
2 The words “in a clerical capacity or” omitted by the Workmen’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 6 (w.e.f. 7­2­1973). 
3 Subs. by the Work men’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 11 ( w.e.f. 5­4­1938), for “mechanically propelled vehicles”. 
4 The words “otherwise than in a clerical capacity” omitted by the Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 10 ( w.e.f. 15­3­1957). 
5 Subs. by Act 9 of 1938, s. 11, for “clause (4) of section 2 of the Indian Factories Act, 1911”.  
6 The words “but not persons employed solely in a clerical capacity in any room or pla ce where no manufacturing process is being carried on” omitted by Act 14 of 
1973, s. 6, which had been ins. by Act 11 of 1957, s. 10.  
7 Ins. by Act 11 of 1957, s. 10. 
8 The words “other than clerical work” omitted by the Work men’s Compensation (Amdt.) Act , 1973 (14 of 1973), s. 6. (w.e.f. 7­2­1973). 
 
Page 31 of 35  
Provided that any excavation in which on no day of the preceding twelve months more than 
fifty persons have been employed or explosives have been used and whose depth from its highest 
to its lowest point does not exceed twenty feet shall be deemed not to be a mine for the purpose of 
this clause ; or 
 
 
(vi) employed as the 1[master, seaman, sailor or otherwise on]‑    
(a)       any ship which is propelled wholly or in part by steam or other mechanical 
power or by electricity or which is towed or intended to be towed by a ship 
so propelled, or 
 
(b)       any ship not included in sub ‑clause (a) of 2[twenty­five] tons net tonnage or 
over ; or 
 
(vii) employed for the purpose of loading, unloading, fuelling , constructing, repairing, 
demolishing, cleaning or painting any ship of which he is not the master or a 
member of the crew, or in the handling or transport within the limits of any port 
subject to the Ports Act, 1908, (XV of 1908)of goods which have been discharged 
from or are to be loaded into any vessel ; or 
 
3[(viia) employed in loading and unloading of goods in the mechanically propelled vehicles in 
the 4[Karachi Division].] 
 
(viii) employed in the construction, repair or demolition of 
 
5[(a)     any building or structure; or] 
 
(b) any dam or embankment, which is twenty feet or more in height from its lowest to 
its highes point ; or 
 
(c) any road, bridge, or tunnel ; or 
 
(d) any wharf, quay, sea‑wall or other marine work including any moorings of ships ; or 
 
(ix) employed in setting up, repairing, maintaining, or taking down any telegraph or 
telephone line or post or any overhead electric line or cable or post or standard for 
the same ; or 
 
 
 
1 Subs. by the Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 10 (w.e.f. 15­3­1957), for “master or as a seaman of”. 
2 Subs. ibid., for “fifty”. 
3 Ins. by the Ministry of Health and Social Welfare Notification No. LC. 21(73)/58, dated the 30 th March, 1959, see Gaz. of P., 1959, Pt. I, pp. 162­163. 
4 Subs. by A.O., 1964, Art. 2 and Sch. (w.e.f. 28­5­1964), for “Federal Territory of Karachi” which had been subs. by the Repealing and Amending Ordinance, 1961 (1 
of 1961), s. 3 and Second Sch. (w.e.f. 24­1­1961), for “Federal Capital”. 
5Subs. by Act 11 of 1957 s. 10, for the original sub­clause (a). 
 
 
Page 32 of 35  
(x) employed, 1* * * in the construction, working, repair or demolition of any aerial 
ropeway, canal pipe‑line, or sewer ; or 
  
(xi)  employed in the service of any fire brigade ; or 
 
 
(xii) employed upon a railway as defined in clause (4) of section 3, and sub‑section (1) of 
section 148 of the Railways Act, 1890, (IX of 1890) either directly or through a sub­ 
contractor, by a person fulfilling a contract with the railway administration ; or 
 
(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail 
Service, or employed in any occupation ordinarily involving out‑door work in the 2* 
Posts and Telegraphs Department ; or 
 
 
3[(xiiia) employed as treasurer clerks performing out‑door duties in the Pakistan Posts and 
Telegraphs Department in Baluchistan and the 4[Karachi Division] ;] 
(xiv) employed, 1* * * in connection with operations for winning natural petroleum or 
natural gas ; or 
 
(xv) employed in any occupation involving blasting operations ; or 
 
 
(xvi) employed in the making of any excavation in which on any one day of the preceding 
twelve months more than 5[twenty‑five] persons have been employed or explosives 
have been used, or whose depth  from its highest to its lowest point exceeds twenty 
feet ; or 
 
 
(xvii) employed in the operation of any ferry boat capable of carrying more than ten 
persons ; or 
 
 
(xviii) employed, 1* * *, on any estate which is maintained for the purpose of growing 
cinchona, coffee, rubber or tea, and on which on any one day in the preceding twelve 
months twenty‑five or more persons have been so employed ; or 
 
(xix) employed, 1* * * in the generating, transforming or supplying of electrical energy or 
in the generating or supplying of gas ; or 
 
 
 
 
1 The words “otherwise than in clerical capacity”, omitted by the Work men’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 6 (w.e.f. 7­2­1973). 
2 The word “Indian” omitted by A.O., 1949 (w.e.f. 28­3­1949). 
3 Added by the Ministry of Law and Labour (Labour Division) Notification No. L.C. 21(2)/49, dated the 20 th October, 1949, see Gaz. of P., 1949, Pt. I, p. 498. 
4 Subs. by A.O., 1964, Art. 2 and Sch. (w.e.f. 28­5­1964), for “Federal Territory of Karachi” which had been subs. by Repealing and Amendi ng Ordinance, 1961 (1 of 
1961), s. 3 and Second Sch. (w.e.f. 24­1­1961), for “Capital of the Federation”. 
5 Subs. by the Work men’s Compensation (Amdt.) Act, 1957 (11 of 1957), section 10 ( w.e.f. 15­3­1957), for “fifty”. 
 
Page 33 of 35  
(xx) employed in a lighthouse as defined in clause (d) of section 2 of the Lighthouse Act, 
1927 (XVII of 1927); or, 
 
(xxi) employed in producing cinematograph pictures intended for public exhibition or in 
exhibiting such pictures ; or 
 
(xxii) employed in the training, keeping or working of elephants or wild animals ; or 
 
1[(xxiii) employed in the tapping of palm ‑trees or the felling or logging of trees, or the 
transport of timber by inland waters, or the control or extinguishing of forest fires 
; or 
 
(xxiv) employed in operations for the catching or hunting of elephants or other wild 
animals ; or] 
 
2[(xxv)] employed as a diver ; 3[or 
4(xxvi) employed in the handling or transport of goods in, or within the precincts of,‑ 
(a) any warehouse or other place in which goods are stored, and in  which on any 
one day of the preceding twelve months ten or more persons have been so 
employed ; or 
 
(b) any market in which on any one day of the preceding twelve months one 
hundred of more persons have been so employed ; or, 
 
(xxvii) employed in any occupation involving the handling and manipulation of radium, or 
X‑rays apparatus, or contact with radio‑active substances.] 
Explanation.‑ In this Schedule, “the preceding twelve months” relates in any particular case 
to the twelve months ending with the day on which the accident in such case occurred.] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1 Cls. (xxiii) and (xxiv) ins. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 11 ( w.e.f. 5­4­1938). 
2 The existing cl. (xxiii) re­numbered as cl. (xxv), ibid. 
3 The word “or” and cls. (xxvi) and (xxvii) ins., ibid. 
 
Page 34 of 35  
SCHEDULE-III 
(See section 3) 
List of occupational diseases 
 
 
 
 
 
 
 
 
 
 
1 Ins. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 12 ( w.e.f. 5­4­1938). 
2 This part has been amended in its application to the Federal Capital by S.R.O. 581, dated the 3 rd December, 1959, see Gaz. of P., 1959, Pt. I, p. 552. 
3 Added by Act 9 of 1938, s. 12. 
4 Subs. ibid., for “or its preparations or compounds”. 
5 These entries were ins. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 22.  
6 Subs. by Act 9 of 1938, s. 12, for the entry which was added by Act 15 of 1933, s. 22. 
Occupational disease Employment 
 1
[PART A 
Anthrax .. .. .. .. Any employment­ 
 (a) involving the handling of wool, hair, bristles or animal carcases or parts of such 
carcases, including hides, hoofs and horns ; or 
 (b) in connection with animals infected with anthrax ; or 
 (c) involving the loading, unloading or transport of any merchandise. 
Compressed air illness or its sequelae. Any process carried on in compressed air. 
Poisoning by lead tetra‑ethyl .. Any process involving the use of lead tetra‑ethyl. 
Poisoning by nitrous fumes .. Any process involving exposure to nitrous fumes. 
 2
PART B] 
Lead poisoning or its sequelae 
3
(excluding poisoning by lead 
tetra‑ethyl). 
Any process involving the use of lead 
4
[or any of its preparations or compounds except lead 
tetra‑ethyl]. 
Phosphorus poisoning or its sequelae. Any process involving the use of phosphorus or its preparations or compounds. 
5
[Mercury poisoning or its sequelae. Any process involving the use of mercury or its preparations or compounds. 
Poisoning by benzene and its 
homologues, or the sequelae 
of such poisoning. 
Handling benzene or any of its homologues and any process in the manufacture or 
involving the use of benzene or any of its homologues. 
Chrome ulceration or its sequelae Any process involving the use of chromic acid or bichromate of ammonimum, potassium or 
sodium, or their preparations. 
6[Arsenical poisoning or its sequelae. Any process involving the production, liberation or utilization of arsenic or its compounds. 
Pathological manifestations due to­ Any process involving exposure to the action of radium, radio‑active, substances, or X‑rays. 
(a) radium and other radioactive 
substances ; 
 
(b) X‑rays,  
Primary epitheliomatous cancer of the 
skin. 
Any process involving the handling or use of tar, pitch, bitumen, mineral oil, paraffin, or 
the compounds, products or residues of these substances.] 
 
Page 35 of 35  
1SCHEDULE-IV 
(See section 4)  
COMPENSATION PAYABLE IN CERTAIN CASES. 
 
2
* * * Amount of compensation for  Half‑monthly payment as 
compensation for temporary 
disablement 
 Death Permanent Total 
disablement 
 
1 2 3 4 
2
* *  * 
   
Rs. Rs.  
3
[2,00,000] 
3
[2,00,000] 1/2 of the monthly wages 
during the period of 
disablement or a period of one 
year, reckoned from the date of 
injury, which ever is less and 
thereafter only in cases of 
chronic lung diseases 1/3 of the 
monthly wages during the 
period of disablement or for a 
period of 5 years, reckoned 
from the date of injury, 
whichever is less.  
 
 
 
1 Subs. by Act XI of 1994 & Sch. 
2 First Column Omitted by Act IV of 2007, s. 2 (w.e.f. 1­7­2007). 
3 Subs. by ord. 53 of 2001, s. 2, Sch. (w.e.f. 1­7­2001).