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  "title": "PUNJAB OCCUPATIONAL SAFETY AND HEALTH ACT, 2019",
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  "text": "THE PUNJAB OCCUPATIONAL SAFETY AND HEALTH \r\nACT, 2019 \r\n(IV of 2019) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Duties of employer \r\n4. Duties of employees \r\n5. Duties of self-employed and employers to persons other than their \r\nemployees \r\n6. Duties of persons in control of certain premises to persons other than \r\ntheir employees \r\n7. Duties of manufacturers regarding articles and substances \r\n8. Safety and Health \r\n9. Written statement of policy \r\n10. Consultation \r\n11. Precautions against contagious, occupational or infectious disease at \r\nworkplaces \r\n12. Registration of workplaces and approval of sites, buildings and other \r\nconstructions to be used as workplaces \r\n13. Notification and investigation of accidents, dangerous occurrences \r\nand occupational illness \r\n14. Establishment of Occupational Safety and Health Council \r\n15. Functions and Powers of the Council \r\n16. Appointment and qualification of Chief Inspector and Inspector \r\n17. Assistance by other agencies \r\n18. Discloser of information \r\n19. Offences and Penalties \r\n20. Cognizance of offences \r\n21. Trial of offences \r\n2 \r\n \r\n22. Appeal \r\n23. Indemnity \r\n24. Display at establishment \r\n25. Limitation for records \r\n26. Contracting out \r\n27. Collection of Statistics \r\n28. Transition \r\n29. Power to make rules \r\n30. Provisions of this Act to be addition to and not in derogation of certain \r\nlaws \r\n31. Limitation \r\n32. Removal of difficulties \r\n  \r\n3 \r\n \r\n \r\nTEXT \r\n1THE PUNJAB OCCUPATIONAL SAFETY AND HEALTH ACT, 2019 \r\n(IV of 2019) \r\n [25th January, 2019] \r\nAn \r\nAct \r\nto provide for occupational safety and health at workplace. \r\nIt is necessary to make a nd consolidate the  law for the o ccupational safety \r\nand health of the persons at workplace and to protect them against risks arising out \r\nof the occupational hazards ; to promote safe and healthy working environment \r\ncatering to the physiological and psychological needs of the employees at workplace \r\nand to provide for matters connected therewith or ancillary thereto. \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement.– (1) This Act may be cited as the \r\nPunjab Occupational Safety and Health Act 2019. \r\n (2) It extends to whole of the Punjab.  \r\n (3) It shall come into force at once.  \r\n(4) The Government may, by order, exempt specified workplaces from the \r\noperation of th e Act, either wholly or partially, and for such period as may be \r\nspecified. \r\n2. Definitions.– In this Act: \r\n(a) “Act” means the Punjab Occupational Safety and Health Act 2019; \r\n(b) “accident” means an  incident that happens unexpectedly and \r\nunintentionally and thereby causes damage or harm; \r\n(c) Committee” means a Committee constituted under the Act; \r\n(d) “contractor” means any person or a body, whether incorporated or not, \r\nwho contracts with a principal to carry out the whole or part of any work \r\nundertaken by the principal in the course of or for the purpose of th e \r\nprincipal’s trade or business and includes sub-contractor; \r\n(e) “Council” means the Punjab Council of Occupational Safe ty and Health \r\nconstituted under the Act; \r\n(f) “Chief Inspector”  means the Chief Insp ector appointed 2[under the \r\nFactories Act, 1934 (XXV of 1934)]; \r\n(g) “employee” means any person employed or engaged, whether directly \r\nor indirectly for wages or any other form of any other consideration or a \r\n \r\n1This Act was passed by Provincial Assembly of the Punjab on 23 January 2019 ; and was assented to by Governor of the Punjab on  \r\n25 January 2019; and was published in the Punjab Gazette (Extraordinary), dated: 25 January 2019, pp.1787-1796. \r\n2Substituted by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in the Punjab Gazette \r\n(Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.2. \r\n4 \r\n \r\nvolunteer to do any skilled or unskilled, professional, technical, clerical, \r\nmanual or other work, in connection with the affa irs of an establishment \r\nunder any contract of service or apprenticeship, whether written or oral, \r\nexpress or implied and includes such a person when laid off or \r\nterminated; retrenched; dismissed and or removed from employment \r\nunder this Act and includes an y person or class of persons which the \r\nGovernment may specify by notification in official gazette, but does not \r\ninclude: \r\n(i) a person employed in the Armed Forces; and \r\n(ii) a person employed in sensitive installations as may be \r\nprescribed by the Government.  \r\n(h) “employer” means a person  or agent that employs, contracts or \r\nengages in any manner whatsoever one or more people for wages or \r\nsalary; \r\n(i) “establishment” includes any business, trade, profession, service, \r\noffice, firm, factory, society, undertaking, company , educational \r\ninstitution, hospital, clinic, laboratory, shop, workshop, warehouse, \r\nenterprise or organization of whatsoever nature including transportation \r\nwhich employs or engages an employee directly or through a contractor \r\nor sub-contractor for the pur pose of carrying on any business activity, \r\nindustry or excavation and includes all its departments, branches and \r\npremises whether situated at the same place or at different places; \r\n(j) “factory” means any premises or the precincts thereof, where one or \r\nmore employees are working or were working on any day of the \r\npreceding twelve months and in any part of which a manufactu ring \r\nprocess is to be carried out  or is ordinarily carried out  with or witho ut \r\nthe aid of power but does not include a mine; \r\n(k) “Government” means Government of the Punjab; \r\n(l)   “harm” means illness, disease, i njury or a combination of these  and \r\nincludes physical or mental harm caused by any work-related incident; \r\n(m) “hazard” means an activity, arrangements, circumstances, event, \r\noccurrence, phenomenon, process, situation or substance, whether \r\narising or used within or outside a place of wor k, that is an actual or \r\npotential cause or source of harm; \r\n(n) “Inspector” means an Insp ector appointed under the provisions of the \r\nAct; \r\n(o) “machinery” means an engine, motor or other appliances provid ing \r\nenergy derived from compressed air, the combustion of fuel, electricity, \r\ngas, gaseous products, steam, water, wind or any other source; and \r\nincludes: \r\n(i) any plant by or to which the motion of any machinery is \r\ntransmitted; and  \r\n(ii) a lifting machine, a lifting ve hicle, a machine whose motive \r\npower is wholly or partly generated manually and a tractor. \r\n(p) “premises” means any place and includes: \r\n5 \r\n \r\n(i) a land, building or part of any building; \r\n(ii) a vehicle, watercraft or aircraft; \r\n(iii) an installation on land including the foreshore and other land \r\nintermittently covered by water and offshore installation and any \r\nother installation whether floating or resting on the seabed or the \r\nsubsoil thereof or resting on other land covered with water or the \r\nsubsoil therefore; and \r\n(iv) a tent or moveable structure. \r\n(q) “prescribed” means prescribed by  the rules or regulations made under \r\nthe Act; \r\n(r) “risk” means the probability that injury or damage shall occur; \r\n(s) “regulations” means the regulations framed under the Act and the \r\nrules; \r\n(t) “rules” means the rules made under the Act; \r\n(u) “self-employed person” means an individual who works for gain or \r\nreward otherwise than under a contract of employment, whether o r not \r\nthat person employs other persons; and \r\n(v) “workplace” means any premises where work is carried out, by one or \r\nmore persons and includes premise s used for the storage of tools, \r\nmachinery, equipment or substances: \r\nExplanation: A person is in a place of work wherever he may perform work, \r\nincluding a place that the person moves through. \r\n3. Duties of employer.– (1) Every employer shall:  \r\n(a) take all possible and reasonably practicable measures to ensure safety \r\nand health of the employees at the workplace;  \r\n(b) ensure systematic and effective   identification of the existing and new \r\nhazards at the workplace on a regular basis; \r\n(c) arrange for training of safety and health representatives every year to \r\nattend health and safety training as approved by the Government and \r\nshall bear all expenses thereof; \r\n(d) get, at his own expense, the employees vaccinated and inoculated \r\nagainst occupational related 3[diseases] at such intervals as may be \r\nprescribed; \r\n(e) ensure provision and application of processes, systems of work and \r\ntasks to be safe and without risks of harm to health; \r\n(f) ensure provision and maintenance of tools, machinery, equipment and \r\nappliances which are safe and without risks of harm; \r\n(g) make arrangements to control and prevent physical, chemical, \r\nbiological, radiological, ergonomics  and psycho -social or any other \r\nhazards to the employees and other persons at the workplace; \r\n \r\n3Substituted for the word ‘deceases’ by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in the \r\nPunjab Gazette (Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.3. \r\n6 \r\n \r\n(h) provide such information, instructions, training and supervision, as i s \r\nnecessary or required under the Act and the rules;  \r\n(i) keep the workplace in safe, clean orderly and harm-free condition, and \r\nprovide and maintain safe means of access to and egress from the \r\nworkplace;  \r\n(j) inform the employees in an understandable manner and in accessible \r\nwritten form, before any work commences, the hazards associated with \r\ntheir work, risks involved and the preventative and protective  measures \r\nthat need to be taken; \r\n(k) provide where necessary to the employees,  at his  own expense, if  \r\nhazards cannot otherwise be eliminated or controlled, adequate \r\nprotective clothing an d protective equipment as  may be approved by \r\nthe 4[Council], to prevent every risks of harm  and of adverse effects on \r\nhealth; \r\n(l) maintain in the general  register particulars of all accidents including \r\ndangerous occurrences, commuting accidents and suspected cases of \r\noccupational diseases at the workplace and submit the extracts thereof \r\nto the 5[Council]; \r\n(m) provide where necessary measures including adequate first aid \r\narrangements to deal with emergencies, dangerous occurrences, \r\naccidents and industrial disasters; and \r\n(n) take all practical measures for the prevention of fires or explosions and \r\nfor the provision of safety measures in the event of fire or explosions as \r\nwell. \r\n(2) The employer shall record particulars of an accident or harm which \r\noccurs at a workplace and shall take all reasonably practicable steps to ensure that \r\nthe event is so investigated as to determine the cause of accident or harm. \r\n (3) Wherever two or more undertakings engage in activities simultaneously \r\nat one workplace, the employers of each undertaking shall collaborate in appl ying \r\nthe provisions of the Act. \r\n4. Duties of employees.– Every employee at the workplace shall ensure:  \r\n(a) reasonable care for his own safety and that of other persons who \r\nmay be affected by his acts  or omissions at  the workplace \r\nwithout willfully do ing anything to enda nger himself or other \r\npersons;  \r\n(b) proper use of any protective clothing and protective equipment;  \r\n(c) no willful interference with or misuse of any means, appliances, \r\nequipment or any other thing;  \r\n(d) his escape from the place of danger and report forthwith to the \r\nimmediate supervisor of any situation; and \r\n \r\n4Substituted for the word ‘Government’ by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in \r\nthe Punjab Gazette (Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.3. \r\n5Substituted for the word ‘Government’ by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in \r\nthe Punjab Gazette (Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.3. \r\n7 \r\n \r\n(e) reporting the matter to the 6[Chief Inspector]  in the prescribed \r\nmanner: \r\nProvided that w here the threat cannot be controlled in view of the 7[Chief \r\nInspector], it may direct the employees who could be affected , to cease work until \r\nremedial action is taken to the satisfaction of the 8[Chief Inspector]:  \r\nProvided further that where work ceases , the employer may allow the \r\nemployees to undertake temporary alternative work on the same terms and \r\nconditions and continuance of his employment shall not be affected until the dispute \r\nis resolved by the 9[Chief Inspector]. \r\n5. Duties of self -employed and employers to persons other than their \r\nemployees.– Every self-employed person and every employer so far as reasonably \r\npracticable, shall ensure safety and health of the persons other than his employees \r\nand take necessary steps for awareness of the potential affectees.  \r\n6. Duties of persons in control of certain premises to persons other than \r\ntheir employees.–Every person not bein g a worker but using a premises , shall, so \r\nfar as is reasonably practicable ensure that the premises, all means of access \r\nthereto or egress therefrom available for use by persons using the premises and any \r\nplant or substance in the premises is or are used in a safe manner  and without risks \r\nto health.  \r\n7. Duties of manufacturers regarding articles and substances .– Every \r\nperson who assembles or installs or erects  any tool, machinery, equipment or stores \r\na substance for use at a workplace, shall  ensure that: \r\n(a) the assembly, installation,  erection or storage is done in a safe \r\nmanner; and \r\n(b) the person who shall use  such tools, machinery, equipment or handle \r\nsuch substance is  provided with all information as regards handling, \r\ncommissioning, use and maintenance of the same. \r\n8. Safety and  Health.– (1) The Government may in consultation with the \r\nCouncil, by notification in the official Gazette, provide for  safety and health of \r\npersons in any establishment or a class of establishments in the prescribed manner. \r\n (2) Without prejudice to the generality of the foregoing provision , the rules \r\nmade under subsection (1) may include but not be limited to the following matters: \r\n(a) design, siting, structural features, installation, maintenance, repair and \r\nalteration of workplaces and means of access thereto and egr ess \r\ntherefrom; \r\n(b) lighting, ventilation, odour, temperature, noise, dust, fume, artificial \r\n \r\n6Substituted for the word ‘Council’ by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in the \r\nPunjab Gazette (Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.4. \r\n7Substituted for the word ‘Council’ by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in the \r\nPunjab Gazette (Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.4. \r\n8Substituted for the word ‘Council’ by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in the \r\nPunjab Gazette (Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.4. \r\n9Substituted for the word ‘Council’ by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in the \r\nPunjab Gazette (Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.4. \r\n8 \r\n \r\nhumidification and cleanliness of workplaces; \r\n(c) design, construction, use, maintenance, testing and inspection of \r\nmachinery and equipment liable to present hazards and, as \r\nappropriate, their removal and transfer; \r\n(d) prevention of harmful physical or mental stress due to conditions of \r\nwork; \r\n(e) handling, stacki ng and storage of loads and materials, manually or \r\nmechanically; \r\n(f) guarding and fencing of the machinery and work at or near machinery \r\nin motion; \r\n(g) instructions, training and supervision in relation to employment on \r\ndangerous machine and  fencing or casing of m achinery, wet floors, \r\nopen wiring, safety escapes, emergency exits, safe electric wiring and \r\nfitting etc; \r\n(h) manufacture, packing, labelling, transport, storage and use of \r\ndangerous substances and agents, disposal of their wastes and \r\nresidues and, as appropri ate, their replacement by other substances \r\nor agents which are not dangerous or which are less dangerous; \r\n(i) control of the atmosphere and other ambient factors of workplaces; \r\n(j) prevention and control of hazards due to high and low barometric \r\npressures; \r\n(k) prevention of fires and explosions and measures to be taken in case \r\nof fire or explosion; \r\n(l) design, manufacture, supply, use, maintenance and testing of \r\npersonal protective equipment and protective clothing; \r\n(m) sanitary installations, washing facilities, facili ties for changing and \r\nstoring clothes, supply of drinking water and any other welfare \r\nfacilities connected with occupational safety and health; \r\n(n) use, handling and storage of excessive weights; \r\n(o) use and handling of loading and earth moving machinery; \r\n(p) use, handling and storage of cranes, hoist, lifts and other lifting  \r\noperations; \r\n(q) installation and use of scaffolding and work at height; \r\n(r) first-aid treatment; \r\n(s) establishment of emergency plans; and \r\n(t) supervision of the health of employees. \r\n9. Written statement of policy.– Every employer shall, except in such cases as \r\nmay be prescribed, declare a statement in writing, duly approved by Chief Inspector, \r\nprepared in consultation with employees and their representative s of a general \r\npolicy, with respect to the  safety and health of all persons at the workplace and the \r\npolicy shall be reviewed and revised when: \r\n(a) alteration to the procedures for managing risks to safety is made; and \r\n9 \r\n \r\n(b) changes to the premises where persons work, to the systems or \r\nmethods of work or to the plant or substances used for work are made \r\nthat may affect safety, health or welfare. \r\n10. Consultation.– At every workplace the employer shall:  \r\n(a) provide for the election of safety and health representatives from \r\namong the employees in establishments with more than 5 employees \r\nand such representatives shall represent the employees in all matters \r\nrelating to the safety, health and welfare at work in the manner as may \r\nbe prescribed; and \r\n(b) appoint a competent person to function as safety and health officer at \r\nthe workplace in the prescribed manner.  \r\n11. Precautions against contagious, occupational or infectious disease at  \r\nworkplaces.– (1) Each employee shall be provided with a hygiene card in which, \r\nduring the month of January and July every y ear, entries shall be recorded after \r\nexamination by a registered medical practitioner, appointed by the employer, to the \r\neffect that the employee is not suffering from any contagious, occupational or \r\ninfectious disease. The fee of such an examination shall  be fixed by the Government \r\nand will be borne by the occupier or manager of the workplace. \r\n(2) If the employee is found to be suffering from any contagious, \r\noccupational or infectious disease, on an examination under sub-section (1), he shall \r\nnot be permitted to work till he is declared fit by the medical practitioner appointed \r\nunder subsection (1). \r\n12. Registration of workplaces and approval of sites, buildings and other \r\nconstructions to be used as  workplaces.– An employer or a self -employed \r\nperson shall not build, fit out, alter or use any site or building as a workplace, unless \r\nsuch plan, site or building is approved in such manner as may be prescribed.  \r\n13. Notification and investigation of accidents, dangerous occurrences  \r\nand occupational illness.– (1) Every employer shall maintain a register of \r\naccidents and harm in the prescribed manner and shall record in the register the \r\nprescribed particulars relating to: \r\n(a) every accident that harmed or as the case may be might have  harmed \r\nany employee at work;  or any person in a place of work controlled by \r\nthe employer; and \r\n(b) every occurrence of harm to an employee or self -employed person at \r\nwork or as a result of any hazard to which employee was exposed \r\nwhile at work in the employment of the employer. \r\n(2) Every self-employed person shall  maintain a register of accidents and \r\nharm in the prescribed form and must record in the register the prescribed particulars \r\nrelating to: \r\n(a) every accident that harmed or as the case may be might have harmed \r\nthe self-employed person at work;  \r\n(b) every accident resulting from the work of the self -employed person that \r\nharmed or as the case may be might have harmed any person; and \r\n(c) every occurrence of harm to the self-employed person: \r\n10 \r\n \r\n(i) while at work; or \r\n(ii) as a result of any hazard to which the self -employed person \r\nwas exposed while at work. \r\n (3) Every employer or self-employed person shall mainta in a register and \r\nrecord of any accident that occurs in a workplace which- \r\n(a) causes loss of life;  \r\n(b) disables any person from reporting to normal work for more than seven \r\ndays; and \r\n(c) makes any person unconscious as a result of any action or process \r\nrelated to work. \r\n (4) The employer and self-employed person shall report every accident in \r\nthe prescribed manner to the Inspector within twenty four hours of the occurrence of \r\nthe accident. \r\n(5) Where an accident results in disablement or death of person at the \r\nworkplace, a notice in writing of such disablement or death shall be sent to the \r\nemployer or the self-employed person in control of the workplace within twenty hour \r\nhours of the communication of the disability or death. \r\n (6) Where at any workplace the possibility of the employees being \r\nsubjected to special  risks or hazards to safety and health at work, the Chief \r\nInspector may require such employees to undergo pre -employment and periodic \r\nmedical examinations suited for the circumstance and at periods so determined \r\nwhich the employer and the employees shall comply. \r\n(7) The medical examination shall be performe d at a h ospital authorized \r\nby Government and the cost thereof shall be paid by the employer. \r\n14. Establishment of Occupational Safety and Health  Council.– (1) After the \r\ncommencement of the Act, the Government shall, by notification in the official \r\nGazette, establish an Occupational Safety and Health Council to exercise such \r\npowers and perform such functions assigned to it under the provisions of the Act. \r\n10[(2) The Council shall consist of Secretary to the Government, Labour and \r\nHuman Resource Department as its Chairperson and the following members: \r\n(a) Secretary to the Government, Industries, Commerce and Investment \r\nDepartment; \r\n(b) Secretary to the Government, Environment Protection Department; \r\n(c) Secretary to the Government, Primary and Secondary Healthcare \r\nDepartment; \r\n(d) Secretary to the Government, Housing, Urban Development and Public \r\nHealth Engineering Department; \r\n(e) Secretary to the Government, Local Government and Community \r\nDevelopment Department; \r\n(f) Commissioner of the Provincial Employees Social Security Institute; \r\n \r\n10Substituted by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in the Punjab Gazette \r\n(Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.5. \r\n11 \r\n \r\n(g) Director General Labour Welfare, Punjab, Member / Secretary; \r\n(h) three persons including one woman from organizat ions, representing \r\nemployers; \r\n(i) three persons including one woman from organizations, representing \r\nemployees; \r\n(j) three officers not below the rank of BPS 18, relevant to occupational \r\nsafety and health from Labour and Human Resource Department of the \r\nGovernment; and \r\n(k) three persons including one woman from organizations or professional \r\nbodies related to occupational safety and health.] \r\n(3) The Council shall meet at least once in every six months in a calendar \r\nyear. \r\n (4) Nine members of the Council shall form quorum for a meeting of the \r\nCouncil 11[.] \r\n12[*****] \r\n (5) Subject to the provisions of the Act, the Council may regulate its own \r\nprocedure with regard to its meetings. \r\n(6) The Council may constitute 13[such Committee consisting of such of  its \r\nmembers] as it may deem fit, to exercise such powers and perform such \r\nduties, subject to such conditions, as may be prescribed. \r\n15. Functions and Powers of the Council .– Without prejudice to the \r\nresponsibility of each employer for the safety and health of employees in his \r\nestablishment and with due regard to the necessity for employees to participate in \r\nmatters of occupational safety and health under the Act, the Council shall: \r\n(a) carry out inspections of establishments under the Act, either \r\nperiodically or randomly but not less than twice in a calendar year; \r\n(b) establish an effective complaint and reporting procedure which allows \r\nfor the compilation of data regarding violations  of the provisions of the \r\nAct and the rules made thereunder; \r\n(c) establish an effective complaint and reporting procedure which ensures \r\nthat individual grievances of employees suffering from occupational \r\nsafety and health related injuries or illnesses are effe ctively and \r\nefficiently addressed; \r\n(d) conduct, undertake and assist in investigations, study programs and \r\nresearch in the field of occupational safety and health for adoption of \r\neffective enforcement procedures; \r\n(e) undertake or collaborate in the collection, pre paration, dissemination \r\nand publishing of information relating to occupational safety and health; \r\n \r\n11Omitted the expression ‘of whom at least;’ and ‘a full stop’ added by the Punjab Occupational Safety and Health (Amendment) Act 2022 \r\n(XXIV of 2022), published in the Punjab Gazette (Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.5. \r\n12Omitted the ‘clauses (a), (b), (c), (d) & (e)’ by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), \r\npublished in the Punjab Gazette (Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.5. \r\n13Substituted for the word ‘sub -committees’ by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), \r\npublished in the Punjab Gazette (Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.5. \r\n12 \r\n \r\n(f) run awareness and promotional campaigns to foster and create \r\nawareness about occupational safety and health; \r\n(g) periodically conduct training programs in occupat ional safety and \r\nhealth and related subjects to inspectors, employers, employees, \r\noccupiers or any other person in need of knowledge and training, \r\nwhether in collaboration with any other institution in Pakistan or abroad \r\nand award certifications upon successful completion of such training; \r\n(h) provide advisory services to any establishment or person on the correct \r\nuse of equipment, hazardous substances and physical, chemical or \r\nbiological agents or products and avoidance of any other hazards; \r\n(i) co-ordinate inter -departmental and ministerial projects, programs and \r\nactivities on promoting the practice of occupational safety and health;  \r\n(j) take actions to facilitate cooperation between the Government, \r\nemployers, workers and any other persons or organizations engaged in \r\noccupational activities; and \r\n(k) perform such other ancillary functions as may be necessary for the \r\ndischarge of all or any of its functions. \r\n16. Appointment and qualification of Chief Inspector and Inspector .– (1) The \r\nGovernment shall, by notification in the Official Gazette appoint the Chief Inspector \r\nand such number of Inspectors for the purposes of th e Act with  such 14[area of \r\njurisdiction,] qualification, experience, functions and training as may be prescribed.  \r\n (2) For the purposes of this section, the Chief I nspector, shall, in addition \r\nto the powers conferred on him under the Act, exercise the powers of an Inspector \r\nthroughout the Province. \r\n17. Assistance by other agencies.– For the enforcement of the provisions of the \r\nAct, the  Council may seek assistance  from any other body, authority or  agency \r\nresponsible for the performance of statutory functions or obligations subject to such \r\nprocedures as may be prescribed. \r\n18. Discloser of information .– (1) Except for an inquiry under the Act or any \r\ncourt proceedings relating to the co mmission of an offence under the  Act or any \r\nrules made thereunder or persons disclosing information for the purpose of their \r\nfunctions under the Act , no person shall disclose any matter including any \r\nmanufacturing of commerc ial secrets or working process  which has come to the \r\nknowledge of that person or which that person has acquired wh ile performing duties \r\nunder the Act. \r\n (2) Any person making inqui ries or investigation under the  Act on any \r\ncomplaint or complaints made, shall not divulge the name of person s making the \r\ncomplaints except in case of any judicial proceedings before a Court where  he is \r\nrequired to make such disclosure. \r\n19. Offences and Penalties .– (1) Save as otherwise expressly provi ded in the  \r\nAct, any person who violates the provisions of sections 3 to 7 shall be punished with \r\nfine which may extend to rupees one hundred thousand. \r\n \r\n14Inserted by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in the Punjab Gazette \r\n(Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.6. \r\n13 \r\n \r\n (2) The penalties provided in this section shall be in addition to the claims \r\nfor compensation, if any, instituted by the person:  \r\n Provided that if t he fine imposed in a case,  is subject to an appeal, no such \r\npayment shall be made before the period allowed for p resenting the appeal has \r\nlapsed or if an appeal has been presented, before decision of that appeal. \r\n (3) Whoever, unless duly authorized  or in case of necessity, re moves any \r\nmachinery, equipment,  fixtures, substances, fencing, gangway, ladder, lifesaving \r\nmeans or appliances, lights, marks, stage or other things required to be provided by \r\nor under the rules made under th e Act or having in case of necessity, removed any \r\nsuch machinery, equipment’s fixtures, substances, fencing, gangway, gear, ladder, \r\nlifesaving means or appliances, lights, marks, stage or other things and omits to \r\nrestore it at the end of the period for which its removal was authorized or necessary, \r\nshall be punished with fine which may extend to rupees two hundred thousand. \r\n (4) Whoever contravenes any requirement imp osed by an Inspector under \r\nthe Act shall be punished with fine which may extend to rupees ten thousand. \r\n (5) Whoever willfully obstructs an I nspector in exercise  or performance of \r\nhis powers or duties shall be punished with fine  which may extend to rupees twenty \r\nthousand. \r\n (6) Whoever conceals,  prevents or attempts to prevent a ny person from \r\nappearing before  or being examined by an Inspector shall , upon conviction , be \r\npunished with a fine that may extend to rupees fifty thousand. \r\n (7) The Court, when deciding upon the quantum of sentence and fine shall \r\nconsider the size of the business of the employer being convicted, the gravity of the \r\nviolation, repute of the employer and the history of previous violations. \r\n 15[*****]  \r\n16[20. Cognizance of offences. – An offence under the Act shall be cognizable by \r\nthe police on a complaint in writing made by an aggrieved person upon sanction in \r\nthis behalf by the Chief Inspector or an Inspector.]   \r\n21. Trial of offences .– (1) No court inferior to that of the Magistrate First Class , \r\nwithin the territorial jurisdiction of which the establishment or premises exist where \r\nthe alleged offence has been committed is situated, shall try an offence under the \r\nAct. \r\n (2) For trial  of all o ffences under the Act , the provisions of Code of \r\nCriminal Procedure, 1898 (V of 1898), shall apply.  \r\n22. Appeal.– An appeal against the decision of the trial court shall lie to the High \r\nCourt.   \r\n23. Indemnity.– No suit, prosecution or other proceedings shall lie against any \r\nperson employed in the public service authorized under th e Act, for anything done or \r\npurported to be done in good faith under the Act. \r\n \r\n15Omitted by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in the Punjab Gazette \r\n(Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.7. \r\n16Substituted by the Punjab Occupational Safety and Health (Amendment) Act 2022 (XXIV of 2022), published in the Punjab Gazette \r\n(Extraordinary), dated: 31 October 2022, pp. 1679-1680, s.8. \r\n14 \r\n \r\n24. Display at establishment .– (1) The entrance to a workplace or any other \r\nplace where  the employees legitimately gather  shall bear essential information \r\nincluding notice of the postal addresses and the telephone numbers of the h ealth \r\nand safety representative and  the Committee and such information shall be \r\ncommunicated to the Chief Inspector.  \r\n (2) In addition to the notice required to be displayed in every \r\nestablishment, a notice contai ning abstracts of th e Act and the rules made \r\nthereunder shall also be displayed in English and Urdu or regional languages. \r\n25. Limitation for records .– The General Register and every other register or \r\nrecord kept in pursuance of the Act shall be preserved and shall be kept available for \r\ninspection by  an I nspector for at least five years  or such other period as may be \r\nprescribed for any class or description of register or record, after the date of the last \r\nentry in the register or the record. \r\n26. Contracting out.– Any contract or agreement, whether made before or after \r\nthe commencement of  the Act, whereby an employee relinquishes any right \r\nconferred by th e Act shall be null and void in so far as it purports to deprive him of \r\nsuch right.  \r\n27. Collection of Statistics .– The authorities and officers entrusted w ith powers \r\nand duties under the Act and the rules made thereunder, for the proper and effective \r\nexercise of their powers and discharge of their duties, call for statistics and \r\ninformation and ensure their correctness and t he information so collected shall not \r\nbe disclosed in respect of individual undertaking or establishments. \r\n28. Transition.– (1) Within one ye ar from the commencement of the  Act, all \r\nemployers and employees shall take such actions as are necessary to co mply with \r\nthe provisions of the  Act and till such time no prosecution  under the  Act shall be \r\nconducted without the approval of the Government. \r\n(2) All associations of employers and trade unions shall alter their \r\nconstitutions, working and procedure to bring them in conformity with the provision of \r\nthe Act.  \r\n29. Power to make r ules.– The Government may, by notification in the official \r\nGazette, makes rules for the purposes of the Act.  \r\n30. Provisions of this Act to be ad dition to and not in derogation of certain \r\nlaws.– Notwithstanding anything contained to the contrary in  any other law for the \r\ntime being in force, the provisions of th e Act shall be in addition to and not in \r\nderogation of such laws.  \r\n31. Limitation.– The p rovisions of section 5 of the Limitation Act, 1908 (IX of \r\n1908), shall be applicable to any proceedings under the Act.  \r\n32. Removal of difficulties .– If any difficulty arises in giving effect to any \r\nprovisions of the Act, the Government  may, by notification in the official Gazette , \r\nmake orders not inconsistent with the provisions of the Act.",
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