{ "schema_version": "qanun-law-text/1", "id": "punjab-code-3714fbf436027965", "title": "PROVINCIAL EMPLOYEES’ SOCIAL SECURITY ORDINANCE, 1965", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/XGVcagY5V2A-", "version": null, "source_snapshot": "2026-08-06T16:48:27Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "3ca3b5a5e74a43ebc09f4b8573891628868d9ecca73705f04899010be2ceaee9", "source_sha256": "3ca3b5a5e74a43ebc09f4b8573891628868d9ecca73705f04899010be2ceaee9", "text_version_id": "law:punjab-code-3714fbf436027965:sha256:3ca3b5a5e74a43ebc09f4b8573891628868d9ecca73705f04899010be2ceaee9", "quality_flags": [], "encoding": "UTF-8", "text": "Provincial Employees’ Social Security \r\n1965: Ordinance X \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent, commencement and application. \r\n2. Definitions. \r\nCHAPTER II \r\nOrganisation \r\n3. Establishment and incorporation of Employees’ Social Security \r\nInstitution. \r\n4. Management. \r\n5. Governing Body. \r\n6. Powers and functions of the Governing Body. \r\n7. Meetings of the Governing Body. \r\n8. Authentication of orders, etc. \r\n9. Supersession of the Governing Body. \r\n 10. Fees and allowances. \r\n 11. Resignation. \r\n 12. Disqualifications. \r\n 13. Filling of casual vacancies. \r\n 14. Head Office. \r\n 15. Medical Advisor. \r\n 16. Duties of Medical Advisor. \r\n 17. Medical Practitioners and Medical Boards. \r\n 18. Commissioner and Vice-Commissioner. \r\n 19. Officers and staff of the Institution. \r\nCHAPTER III \r\nTHE PROVINCIAL EMPLOYEES’ SOCIAL SECURITY \r\nORDINANCE, 1965 \r\n(X of 1965) \r\n \r\nContributions \r\n 20. Amount and payment of contributions. \r\n20A. Self-assessment scheme. \r\n 21. Records and returns by employers. \r\n 22. Officials of Institution to check employer’s books. \r\n 23. Increase of unpaid contributions and recovery of contributions, et c., as \r\narrears of land revenue. \r\n 24. Safeguard of secured person rights in default of payment of \r\ncontributions by employer. \r\n 25. Return of contributions paid erroneously. \r\n 26. Increase of contributions where safety rules not observed. \r\n 27. Extinguishment of claims to contributions. \r\nCHAPTER IV \r\nFinance and Audit \r\n 28. Employees’ Social Security Fund. \r\n 29. Security Reserves. \r\n 30. Investments and loans. \r\n 31. Budget. \r\n 32. Accounts and Audit. \r\n 33. Annual Reports. \r\n 34. Valuation of assets and liabilities. \r\nCHAPTER V \r\nBenefits \r\n 35. Sickness benefit. \r\n 36. Maternity benefit. \r\n 37. Funeral grant. \r\n 38. Medical care during sickness and maternity. \r\n38A. Medical care of dependents, etc. \r\n 39. Injury benefits. \r\n 40. Disablement pension. \r\n 41. Disablement gratuity. \r\n 42. Survivor’s pension. \r\n 43. Death grant in case of death while in receipt of injury benefit or total \r\ndisablement pension. \r\n43-A. Financial benefits \r\n 44. Medical care in the case of employment injury. \r\n 45. Content of medical care. \r\n 46. Manner of providing medical care. \r\n 47. Institution’s power to promote measures for health, welfare, etc., of \r\nsecured persons. \r\n47-A. Establishment of medical and other institutions. \r\n 48. Manner of claiming benefit. \r\n 49. Benefit not assignable or attachable. \r\n 50. Exemption from stamp duty. \r\n 51. Non-duplication of benefits. \r\n 52. Repayment of benefit improperly received. \r\n 53. Institution’s right to recover damages from employer in certain cases. \r\n 54. Institution’s right to be indemnified in certain cases. \r\n54A. Extent of benefits, etc. \r\n55. Recovery of amounts due. \r\nCHAPTER VA \r\nMedical Treatment of Domestic Servants \r\n55A. Medical treatment of domestic servants. \r\nCHAPTER VI \r\nDetermination of Questions and Claims \r\n 56. Assessment of disablement. \r\n 57. Decisions on complaints, questions and disputes. \r\n 58. Review on account of new facts. \r\n 59. Appeal to Social Security Court. \r\n 60. Constitution of Social Security Court. \r\n 61. Jurisdiction of Social Security Courts. \r\n 62. Powers of Social Security Court, etc. \r\n 63. Appearance by legal practitioners. \r\n 64. Appeal. \r\n 65. Stay of payment pending appeals. \r\nCHAPTER VII \r\nOffences and Penalties \r\n 66. Offences. \r\n 67. Prosecution. \r\nCHAPTER VIII \r\nMiscellaneous \r\n 68. Contributions, etc., to have priority over other debts. \r\n 69. Exemption from taxes. \r\n 70. Levy of special tax. \r\n 71. Review and modification of wage limits, contributions and benefits. \r\n 72. Employers not to dismiss or punish employee during the period of \r\nsickness, etc. \r\n 73. Bar on benefits under other laws. \r\n 74. Suit for damages in a Civil Court. \r\n 75. Members and servants of the Institution to be public servants. \r\n 76. Removal of difficulties. \r\n 77. Delegation of powers. \r\n 78. Protection of proceedings of the Governing Body. \r\n 79. Power to make rules. \r\n 80. Power to make regulations. \r\n 81. Supersession of certain laws, etc. \r\n 82. Repeal. \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PROVINCIAL] EMPLOYEES’ SOCIAL SECURITY ORDINANCE, \r\n1965 \r\n(X of 1965) \r\n[17 May 1965] \r\nAn \r\nOrdinance \r\nto introduce a scheme of Social Security for providing benefits to certain employees \r\nor their dependents in the event of sickness, maternity, employment injury or death \r\nand 3[for provision of financial benefits and] for matters ancillary thereto. \r\nPreamble.– WHEREAS it is expedient to introduce a scheme of Social Security for \r\nproviding benefits to certain employees or their dependents in the event of sickness, \r\nmaternity, employment injury or death, and 4[for provision of financial benefits and] for \r\nmatters ancillary thereto; \r\nAND WHEREAS the Provincial Assembly of West Pakistan is not in session \r\nand the Governor of West Pakistan is satisfied that circum stances exist which render \r\nimmediate legislation necessary; \r\nNow, THEREFORE, in exercise of the powers conferred on him by clause (1) \r\nof Article 79 of the Constitution, the Governor of West Pakistan is pleased to make \r\nand promulgate the following Ordinance:– \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent, commencement and application .– (1) This Ordinance \r\nmay be called the \r\n5\r\n[Provincial] Employees’ Social Security Ordinance, 1965. \r\n(2) It extends to the whole of \r\n6\r\n[\r\n7\r\n[the Punjab]]. \r\n(3) It shall come into force at o nce, but shall apply only to such areas, \r\nclasses of persons, industries or establishments, from such date or dates, and with \r\nregard to the provision of such benefits as Government may, by notification, specify \r\nin this behalf. \r\n \r\n1This Ordinance was promulgated by the Governor of West Pakistan on May 14, 1965, published in the West Pakistan Gazette \r\n(Extraordinary), dated May 17, 1965, pp. 2195-2226, approved by the Provincial Assembly of West Pakistan on July 8, 1965, \r\nunder clause (3) of Article 79 of the Constitution of the Islamic Republic of Pakistan (1962). \r\n2Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in \r\nthe Gazette of Pakistan (Extraordinary), Part I, dated August 1, 1975, pp. 435-467, Article 2(1) read with Schedule. \r\n3Inserted by the Provincial Employees’ Social Security (Amendment) Act 202 5 (XXXVII of 2025) , published in the Punjab \r\nGazette (Extraordinary), dated: 30 May 2025, p. 4769, s.2. \r\n4Inserted by the Provincial Employees’ Social Security (Amendment) Act 202 5 (XXXVII of 2025) , published in the Punjab \r\nGazette (Extraordinary), dated: 30 May 2025, p. 4769, s.2. \r\n5Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in \r\nthe Gazette of Pakistan (Extraordinary), Part I, dated August 1, 1975, pp. 435-467, Article 2(1) read with Schedule. \r\n6Substituted for the words “West Pakistan, except the Tribal Areas” by the Order ibid. \r\n7Substituted for the word “Pakistan” by th e Provincial Employees’ Social Security (Amendment) Act , 20 13 (XXIV of 20 13), \r\npublished in the Punjab Gazette (Extraordinary), dated December 13, 2013, pp. 1793-1795, s. 2. \r\n2. Definitions.– In this Ordin ance, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to them, \r\nthat is to say– \r\n(1) “appointed day” means in relation to any area, class of persons, \r\nindustries, establishments or benefits , the day on which this Ordinance is applied to \r\nsuch area or in respect of such class of persons, industries, establishments or \r\nbenefits; \r\n(2) “Chairman” means the Chairman of the Governing Body; \r\n(3) “Commissioner” means the Commissioner of the Institution; \r\n(4) “Confinement” means labour resulting in the issue of a living child, or \r\nlabour after twenty -six weeks of pregnancy resulting in the issue of a child, whether \r\nalive or dead; \r\n(5) “contribution” means the sum of money payable to the Institution by an \r\nemployer in respect of an employee \r\n1\r\n[****] in accordance with the provisions of this \r\nOrdinance; \r\n(6) “dependent” means the wife or wives or a needy invalid husband \r\n2\r\n[, \r\ndependent parents] and any unmarried children under the age of \r\n3\r\n[twenty-one] years \r\ndependent upon the secured person 4\r\n[:] \r\n5\r\n[Provided that such age limit shall not apply to unmarried dependent \r\ndaughters;] \r\n(7) “disablement” means a condition caused by an employment injury \r\nwhich, as certified by a medical practitioner authorised for the purpose as p rovided in \r\nthe regulations, has permanently reduced or is likely to reduce permanently a \r\nsecured person earning capacity, and disablement shall be “minor” where the loss of \r\nearning capacity \r\n6\r\n[is less than twenty per centum], “partial” where the loss of ear ning \r\ncapacity ranges from twenty -one per centum to sixty -six per centum , and “total” \r\nwhere the loss of earning capacity is in excess of sixty-six per centum; \r\n7\r\n[(7a) “domestic servant” means any person working whole time in connection \r\nwith the work of any house-hold for any consideration whether in cash or in kind;] \r\n8\r\n[(8) “employee” means any person employed, whether directly or through \r\nany other person for wages or otherwise to do any skilled or unskilled, supervisory, \r\nclerical, manual or other work in, or in connection with the affairs of an industry or \r\n \r\n1Omitted the comma and words “, and includes any amount payable by or on behalf of the employee” by the Labour Laws (Amendment) \r\nOrdinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), dated April 13, 1972, pp. 485-519, s. 2 read with \r\nFirst Schedule, Serial No. 4. \r\n2Inserted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary), Part I, dated \r\nJune 29, 1994, pp. 223-235, s. 2 read with Schedule, Serial No. 4. \r\n3Substituted for the word ”sixteen” by the Act ibid. \r\n4Substituted for semi-colon “;” by the Act ibid. \r\n5Added by the Act ibid. \r\n6Substituted for the words “ranges from five per centum to twenty per centum ” by the West Pakistan Employees’ Social Security \r\n(Amendment) Ordinance, 1959 (XLVII of 1969), published in the Gazette of West Pakistan (Extraordinary), dated December 6, 1969, \r\npp. 2193-2194, s. 2. \r\n7Inserted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), dated \r\nApril 13, 1972, pp. 485-519, s. 2 read with First Schedule, Serial No. 4. \r\n8Substituted by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (CIV of 2002), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated October 29, 2002, pp. 1673-1675, s. 2(a). \r\nestablishment, under a contract of service or apprenticeship, whether written or oral, \r\nexpressed or implied but does not include–] \r\n(a) persons in the service of the State, including members of the Armed \r\nForces, Police Force and Railway servants; \r\n(b) persons employed in any undertaking under the control of any Defence \r\norganization or Railway administration; \r\n(c) persons in the service of a local council, a municipal committee, a \r\ncantonment board or any other local authority; \r\n(d) any person in the service of his father, mother, wife, son or daughter, or \r\nof her husband; \r\n1\r\n[(e) * * * * * * * * * ] \r\n2\r\n[(f) any person employed on wages exceeding the wages determined by \r\nthe Government under section 71: \r\nProvided that a n employee shall not cease to be an employee for the sole \r\nreason that his monthly wages exceed the wages determined by the Government \r\nunder section 71 of the Ordinance;] \r\n(9) “employer” means in the case of works executed or undertakings \r\ncarried on by any c ontractor or licensee on behalf of the State, the contractor or \r\nlicensee working for the State, and in every other case the owner of the industry, \r\nbusiness, undertaking or establishment in which an employee works and includes \r\nany agent, manager or representative of the owner; \r\n(10) “employment injury” means a personal injury to a secured person \r\ncaused by an accident or by such occupational disease as may be specified in the \r\nregulations, arising out of and in the course of his employment; \r\n(11) “establishment” means an organisation, whether industrial, commercial, \r\nagricultural or otherwise; \r\n(12) “Fund” means the Employees’ Social Security Fund set up under \r\nsection 3; \r\n(13) “Governing Body” means the Governing Body of the Institution; \r\n3\r\n[(14) “Government” means Government of the Punjab;] \r\n(15) “industry” means any business, trade, undertaking, manufacture or \r\ncalling of employers, and includes any calling, service, employment, handicraft, \r\nindustrial occupation or avocation of workmen; \r\n(16) “Institution” means the Emp loyees’ Social Security Institution \r\nestablished under section 3; \r\n \r\n1Omitted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), dated \r\nApril 13, 1972, pp. 485-519, s. 2 read with First Schedule, Serial No. 4. \r\n2Substituted by the Provincial Employees’ Social Security (Amendment) Act 2019 (XXIV of 2019) (w.e.f. 13.10.2019), published in the \r\nPunjab Gazette (Extraordinary), dated December 13, 2019, pp. 2539 -2540, s. 2 which was earlier substituted by the Provincial \r\nEmployees’ Social Security (Amendment) Act 2013 (XXIV of 2013), published in the Punjab Gazette (Extra ordinary), dated December \r\n13, 2013, pp. 1793-1795, s. 2. \r\n3Substituted by the Provincial Employees’ Social Security (Amendment) Act , 20 13 (XXIV of 20 13), published in the Punjab \r\nGazette (Extraordinary), dated December 13, 2013, pp. 1793-1795, s. 3(b), which had earlier been substituted for the words \r\n“Government of West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975) (w.e.f. 1.8.1975 ), \r\npublished in Gazette of Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, Article 2 read with Schedule. \r\n(17) “Medical Advisor” means the Medical Advisor appointed under section \r\n15; \r\n(18) “medical board” means a board consisting of two or more medical \r\npractitioners, appointed under section 17; \r\n(19) “medical practitioner” means a person practising medicine and having \r\nsuch qualifications as may be provided in the regulations; \r\n(20) “Member” means a member of the Governing Body; \r\n(21) “prescribed” means prescribed by rules; \r\n(22) “registered Trade Union ” means a Trade Union registered under the \r\nTrade Unions Act, 1926 (XVI of 1926); \r\n(23) “regulations” means regulations made under this Ordinance; \r\n(24) “rules” means rules made under this Ordinance; \r\n(25) “secured person” means a person in respect of whom con tributions are \r\nor were payable under this Ordinance; \r\n1\r\n[(25a) “self-assessment scheme” means a scheme of social security benefits, \r\neffective from the 1st July, 2001, with no intervention through checking by any staff \r\nmember of the Institution, in respect of employees secured under this Ordinance \r\n2\r\n[***] \r\nand the employer undertakes to pay a contribution in respect of them \r\n3\r\n[at the fixed \r\nrate of \r\n4\r\n[\r\n5\r\n[six percent of the wage limits determined by the Government under section \r\n71]]] per month per secured employee;] \r\n(26) “sickness” means a condition which requires medical treatment or \r\nnecessitates abstention from work on medical grounds; \r\n(27) “Social Security Area” means an area to which this Ordinance has been \r\napplied; \r\n(28) “Social Security Court” means a court constituted under section 60; \r\n(29) “strike” and “lock -out” shall have the same meaning as is respectively \r\nassigned to them in the Industrial Disputes Ordinance, 1959 (LVI of 1959); \r\n(30) “wages” means remuneration for service paid or payable in cash or in \r\nkind to a secured person, not being less than remuneration based on the minimum \r\nrates of wage declared under the \r\n6\r\n[Punjab Minimum Wages Act 2019 (XXVIII of \r\n \r\n1Inserted by the Labour Laws (Amendment) Ordinance , 2001 (LIII of 20 01) (w.e.f. 1.7.2001) , published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated October 6, 2001, pp. 1475-1481, s. 2 read with Schedule, Serial No. 4. \r\n2Omitted the words, figures and commas “as on 30 th June, 2001,” by the Provincial Employees’ Social Security (Amendment) \r\nOrdinance, 2002 (CIV of 2002), published in the Gazette of Pakistan (Extraordinary), Part I, dated October 29, 2002, pp. 1673 -\r\n1675, s. 2(c)(i). \r\n3Substituted for the words “up to a maximum amount of three hundred fifty rupees” by the Provincial Employees’ Social Security \r\n(Amendment) Ordinance, 2002 (CIV of 2002), published in the Gazette of Pakistan (Extraordinary), Part I, dated October 29, \r\n2002, pp. 1673-1675, s.2(c)(ii). \r\n4Substituted for the words “two hundred ten” by the Finance Act, 2008 (I of 2008) (w.e.f. 1.7.2008), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated June 27, 2008, pp. 43-427, s. 3(1)(b). \r\n5Substituted for the word s “three hundred and sixty rupees” by the Provincial Employees’ Social Security (Amendment) Act , \r\n2013 (XXIV of 2013), published in the Punjab Gazette (Extraordinary), dated December 13, 2013, pp. 1793-1795, s. 3(c). \r\n6Substituted by the Provincial Employees’ Social Security ( Second Amendment) Act, 2026 (XXXI of 2026), published in the \r\nPunjab Gazette (Extraordinary), dated May 13, 2026, p. 6037, s. 2. \r\n \r\n2019)] without taking account of deductions for any purpose, under a contract of \r\nservice or apprenticeship, expressed or implied, and shall be deemed to include any \r\ndearness allowance or other addition in respect of the cost of living and any payment \r\nby the employer to a secured person in respect of any period of authorised leave, \r\nillegal lock-out or legal strike; but does not include– \r\n(a) any payment for overtime; or \r\n(b) any sum paid to the person employed to defray special expenses \r\nentailed by the nature of his employment; or \r\n(c) any gratuity payable on discharge; or \r\n(d) any sum paid as bonus by the employer; \r\n (31) “week” means a period of seven days commencing at midnight of \r\nSunday night. \r\nCHAPTER II \r\nOrganisation \r\n3. Establishment and incorporation of Employees’ Social Security \r\nInstitution.– (1) As soon as may be after the commencement of this Ordinance, \r\nGovernment shall establish by notification an institution to be called the Employees’ \r\nSocial Security Institution. \r\n(2) The Institution shall be a body corporate having perpetual succession \r\nand a common seal, with power, subject to the provisions of this Ordinanc e, to \r\nacquire, hold and dispose of property, both movable and immovable, and shall by the \r\naforesaid name sue and be sued. \r\n(3) The Institution shall have its own fund, to be called the Employees’ \r\nSocial Security Fund, and may incur out of the said Fund such expenditure as may \r\nbe necessary. \r\n4. Management.– (1) The general direction and superintendence of the affairs of \r\nthe Institution shall vest in a Governing Body which, with the assistance of a \r\nCommissioner, may exercise all powers and do all acts and thing s which may be \r\nexercised or done by the Institution. \r\n (2) In discharging its functions, the Institution shall be guided by such \r\ninstructions on questions of policy as may be given to it from time to time by \r\nGovernment, which shall be the sole judge as to w hether any instructions are on a \r\nquestion of policy or not. \r\n5. Governing Body .– (1) The Governing Body shall consist of the following \r\nmembers to be appointed by Government, by notification, namely:– \r\n1\r\n[(a) the Minister -in-charge of the Labour Department, Go vernment of the \r\nPunjab or a person who is or has been a Judge of the High Court or a \r\nsenior officer in the service of Pakistan not below the rank of a \r\nCommissioner of a Division or Secretary to Government, and such \r\nperson shall be the Chairman of the Governing Body;] \r\n \r\n1Substituted by the West Pakistan Employees’ Social Security (Punjab Amendment) Act, 1973 (V of 1973), published in the Punjab \r\nGazette (Extraordinary), dated February 26, 1973, s. 2. \r\n(b) 1[five] persons to represent Government, one each respectively from the \r\nDepartments o f Labour, Industries, Healt h \r\n2\r\n[, Finance and Planning and \r\nDevelopment Board]; \r\n3\r\n[(c) three persons to represent the employers, including at least one \r\nwoman; and \r\n(d) three persons to represent the secured persons, including at least one \r\nwoman.] \r\n4\r\n[(e) the Commissioner and the Medical Adviser, ex-officio.] \r\n(2) Members to be appointed under clause ( c) or clause ( d) of sub -section \r\n(1) shall respectively be chosen from a list of names submitted in the prescribed \r\nmanner by the organisations of employers and employees recognised by \r\nGovernment for that purpose: \r\nProvided that, pending the making of rules in this behalf, the first Members to \r\nbe so appointed shall be chos en from such persons as Government may deem \r\nsuitable. \r\n(3) Subject to the other provisions of this Ordinance, a Member shall hold \r\noffice for three years from the date on which his appointment is notified under sub -\r\nsection (1). \r\n6. Powers and functions of the Governing Body.– In addition to the powers \r\nconferred on, and the functions entrusted to it by the other provisions of this \r\nOrdinance or by the rules, the Governing Body shall have powers– \r\n(1) to approve the budget estimates, the audited accounts and the a nnual \r\nreport of the Institution for submission to Government in accordance with the \r\nprovisions of this Ordinance; and \r\n(2) to call for any information, or direct any research to be made for the \r\nfurtherance of the objects of this Ordinance. \r\n7. Meetings of the Governing Body.– (1) The meetings of the Governing Body \r\nshall be held at such times and at such places as may be provided by regulations, \r\nand until regulations are made in this behalf, such meetings shall be convened by the \r\nChairman. \r\n(2) To constitute a quorum at a meeting of the Governing Body, the number \r\nof Members present shall be five. \r\n(3) Each Member shall have one vote, and, in the event of equality of \r\nvotes, the Chairman shall have a second or casting vote. \r\n \r\n1Substituted for the word \"four\" by the Provincial Employees’ Social Security (Amendment) Act, 2026 (XXII of 2026), published in the \r\nPunjab Gazette (Extraordinary), dated May 06, 2026, pp.5833-5834, s.2 (a). \r\n2Substituted for the words \"and Finance\" by the Provincial Employees’ Social Security (Amendment) Act, 2026 (XXII of 2026), published \r\nin the Punjab Gazette (Extraordinary), dated May 06, 2026, pp.5833-5834, s.2 (b). \r\n3Substituted by the Punjab Fair Representation of Women Act 2014 (IV of 2014), published in the Punjab Gazette (Extraordinary), dated \r\nMarch 12, 2014, pp. 2733-2744, s. 2 read with Schedule, Serial No. 6. \r\n4Substituted by the West Pakistan Employees’ Social Security (Punjab Amendment) Ordinance, 1971 (X of 1971), published in the \r\nPunjab Gazette (Extraordinary), dated May 29, 1971, pp.577-A-577-B, s.2. \r\n(4) The meetings of the Governing Body sh all be presided over by the \r\nChairman, and in the absence of the Chairman, by the person elected for the purpose \r\nby the Members present from amongst themselves. \r\n8. Authentication of orders, etc .– All orders and decisions of the Governing \r\nBody shall be authe nticated by the signature of the Chairman or of such other \r\nMember as may have been authorised by the Governing Body in writing for the \r\npurpose. \r\n9. Supersession of the Governing Body .– (1) If, in the opinion of Government, \r\nthe Governing Body has persistentl y failed to perform the duties imposed upon it by \r\nor under this Ordinance, or has abused its powers, Government may, by notification, \r\nsupersede the Governing Body: \r\nProvided that before such supersession, Government shall give the Governing \r\nBody a reasonable opportunity to show cause why it should not be superseded, and \r\nshall consider any explanation or objection which it submits. \r\n(2) Upon the publication of a notification under sub -section (1), the persons \r\nholding office as Chairman and Members shall cease to hold such office. \r\n(3) Immediately upon the supersession of a Governing Body, Government \r\nshall constitute another Governing Body by appointing new Members in accordance \r\nwith the provisions of section 5. \r\n10. Fees and allowances .– Members shall receive suc h fees and allowances as \r\nmay be prescribed. \r\n11. Resignation.– A Member, other than \r\n1\r\n[an] ex-officio Member, may resign his \r\noffice by notice in writing to Government, and his seat shall fall vacant on the \r\nacceptance of the resignation. \r\n12. Disqualifications.– (1) No person shall be or shall continue to be a Member, if \r\nhe– \r\n(a) has been convicted of an offence involving moral turpitude; or \r\n(b) is declared to be of unsound mind by a competent Court; or \r\n(c) is an undischarged insolvent; or \r\n2\r\n[(d) * * * * * * * * * ] \r\n3\r\n[(e) is a member of the staff of the Institution other than the Commissioner \r\nand the Medical Adviser; or] \r\n(f) has any direct or indirect interest in a contract with, or in any work being \r\ndone for, the Institution, except as a shareholder (not being a Director) \r\nof a company; or \r\n \r\n1Substituted for the word “the” by the West Pakistan Employees’ Social Security (Punjab Amendment) Ordinance, 1971 (X of \r\n1971), published in the Punjab Gazette (Extraordinary), dated May 29, 1971, pp. 577-A-577-B, s. 3. \r\n2Deleted by the West Pakistan Employees’ Social Security (Punjab Amendment) Act, 1973 (V of 1973), published in the Punjab \r\nGazette (Extraordinary), dated February 26, 1973, s. 3. \r\n3Substituted by the West Pakistan Employees’ Social Security (Punjab Amendment) Ordinance, 1971 (X of 1971), published in \r\nthe Punjab Gazette (Extraordinary), dated May 29, 1971, pp. 577-A-577-B, s. 4. \r\n(g) owes to the Institution contributions to the extent specified in the \r\nregulations; or \r\n(h) has lost the capacity by virtue of which he was appointed as a Member; \r\nor \r\n(i) has failed to attend more than one -third of the number o f meetings of \r\nthe Governing Body held during any year. \r\n(2) Government may, by order in writing, remove the Chairman or a \r\nMember, if he– \r\n(a) refuses or fails to discharge or becomes, in the opinion of Government, \r\nincapable of discharging his responsibilities under this Ordinance; or \r\n(b) has, in the opinion of Government , abused his position as a Member; or \r\n(c) has absented himself from three consecutive meetings of the Governing \r\nBody without the leave of Government in the case of the Chairman, or \r\nof the Chairman in the case of a Member: \r\nProvided that, before such removal, Government shall give the Chairman or \r\nthe Member, as the case may be, a reasonable opportunity of showing cause as to \r\nwhy he should not be removed, and shall consider any explanation or objection which \r\nhe submits. \r\n13. Filling of casual vacancies .– A Member appointed to fill a vacancy, other \r\nthan a full -term vacancy, shall hold office for only so long as the Member in whose \r\nplace he is appointed would have been entitled to hold office if the vacancy had not \r\noccurred. \r\n14. Head Office .– The head office of the Institution shall be at Lahore, but \r\nGovernment may, by notification, transfer it to such other place as may be specified \r\nin such notification. \r\n15. Medical Advisor .– As soon as may be, \r\n1\r\n[the Institution] shall appoint a \r\nMedical Advisor having the prescribed qualifications. \r\n16. Duties of Medical Advisor.– The Medical Advisor shall– \r\n(a) advise the Governing Body on matters relating to the administration of \r\nmedical care and the prevention and tr eatment of diseases among \r\nsecured persons; \r\n(b) perform such other duties in connection with medical care as may be \r\nspecified in the regulations. \r\n17. Medical Practitioners and Medical Boards .– (1) The Institution shall appoint \r\nMedical Practitioners and Medi cal Boards in such Social Security Areas and in such \r\nmanner as may be provided by regulations. \r\n \r\n1Substituted for the word “Government” by the Provincial Employees’ Social Security (Amendment) Act , 2013 (XXIV of 2013), \r\npublished in the Punjab Gazette (Extraordinary), dated December 13, 2013, pp. 1793-1795, s. 4. \r\n(2) The powers and functions of Medical Practitioners and Medical Boards, \r\nand the fees and allowances to be paid to such practitioners or the members of such \r\nboards, shall be such as may be provided by regulations. \r\n18. Commissioner and Vice -Commissioner.– (1) There shall be a \r\nCommissioner and a Vice -Commissioner of the Institution, both to be appointed by \r\nGovernment . \r\n(2) The Commissioner shall– \r\n(a) be the chief executive of the Institution and shall act as Secretary to the \r\nGoverning Body; \r\n(b) be responsible to the Governing Body in respect of all matters relating \r\nto the structure, administration and personnel of the Institution; and \r\n(c) have such powers regarding appointment, transfer, promotion, \r\ndismissal and other matters affecting the staff of the Institution as are \r\nprovided for by regulations. \r\n(3) The Vice-Commissioner shall perform the duties of the Commissioner \r\nwhen the latter is absent or prevented from acti ng, and the Commissioner may \r\nassign to the Vice -Commissioner the responsibility for the direction of certain \r\nservices or delegate to him any of his own powers under this Ordinance, the rules \r\nand the regulations. \r\n19. Officers and staff of the Institution .– The Governing Body may employ \r\nsuch officers and staff for the administration of the affairs of the Institution as the \r\nregulations may provide. \r\nCHAPTER III \r\nContributions \r\n20. Amount and payment of contributions.– (1) Subject to the other provisions \r\nof this Chapter, the employer shall, in respect of every employee, whether employed \r\nby him directly or through any other person pay to the Institution a contribution at \r\nsuch times, \r\n1\r\n[at the rate of six per cent] and subject to such conditions as may be \r\nprescribed \r\n2\r\n[:] \r\n \r\n3\r\n[Provided that no contribution shall be payable on so much of an employee’s \r\nwages as is in excess of \r\n4\r\n[the wages determined by the Government under section \r\n71] \r\n5\r\n[:]] \r\n \r\n1Substituted for the words “at such rate not more than six per cent” by the Provincial Employees’ Social Security (Amendment) \r\nAct, 2013 (XXIV of 2013), published in the Punjab Gazette (Extraordinary), dated December 13, 2013, pp. 1793-1795, s. 5(a) \r\nwhich was inserted by the Finance Act, 2008 (I of 2008) (w.e.f. 1.7.2008), published in the Gazette of Pakistan (Extraordinary), \r\nPart I, dated June 27, 2008, pp. 43-427, s. 3(2)(a). \r\n2Substituted for full -stop “.” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated June 29, 1994, pp. 223-235, s. 2 read with Schedule, Serial No. 4. \r\n3Added by the Act ibid. \r\n4Substituted for the words “four hundred rupees per day or ten thousands rupees per month” by the Provincial Employees’ \r\nSocial Security (Amendment) Act, 2013 (XXIV of 2013), published in the Punjab Gazette (Extraordinary), dated December 13, \r\n2013, pp. 1793-1795, s. 5(b). \r\n5Substituted by the Provincial Employees’ Social Security ( Second Amendment) Act, 2026 (XXXI of 2026), published in the \r\nPunjab Gazette (Extraordinary), dated May 13, 2026, p. 6037, s. 3. \r\n \r\n1[Provided further that the contributions paid and pay able from the first day of \r\nJuly, 2022 in accordance with the minimum wages notified under the Punjab \r\nMinimum Wages Act 2019 (XXVIII of 2019) shall be deemed to have validly been \r\npaid and payable under this Ordinance.] \r\n2\r\n[(2) * * * * * * * * * ] \r\n3\r\n[(3) The employer shall not be entitle d, to deduct \r\n4\r\n[his own share of \r\ncontribution] from the employee’s wages or otherwise to recover from him any \r\nportion of the contribution, notwithstanding any agreement to the contrary.] \r\n5\r\n[(4) * * * * * * * * * ] \r\n(5) For the purpose of determining the amo unt of the contribution payable, \r\ndaily wages shall be calculated in such manner as may be provided by regulations. \r\n(6) Where the mode of payment of remuneration, whether in cash or in \r\nkind, makes it difficult to determine the amount of wages for computing the \r\ncontribution, the Commissioner may, subject to regulations and in consultation with \r\nthe representatives of employers and employees, determine such wages. \r\n6\r\n[(7) * * * * * * * * * ] \r\n(8) In the case of construction work the owner of the building shall \r\nguarantee the payment of contributions by the contractor. \r\n(9) In the case of works executed or undertakings carried on on behalf of \r\nthe State by a contractor or licensee, the competent public authority shall, before \r\nfinal settlement of the claims of the con tractor or licensee arising out of the contract, \r\nrequire the production of a certificate from the Institution showing that the necessary \r\ncontributions have been paid, and in default of such certificate it shall deduct from \r\nthe amount otherwise payable in settlement of such claim, the appropriate amount of \r\nthe contributions payable, and pay such amount direct to the Institution. \r\n \r\n7\r\n[20A. Self-assessment scheme .– (1) Notwithstanding anything contained in this \r\nOrdinance, an employer who opts for the self -assessment scheme shall be liable to \r\npay to the Institution a contribution \r\n8\r\n[of \r\n9\r\n[\r\n1\r\n[six percent of the wage limits determined \r\nby the Government under section 71]]] per month per secured employee. \r\n \r\n1Added by the Provincial Employees’ Social Security ( Second Amendment) Act, 2026 (XXXI of 2026), published in the Punjab \r\nGazette (Extraordinary), dated May 13, 2026, p. 6037, s. 3. \r\n2Omitted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 13, 1972, pp. 485-519, s. 2 read with First Schedule, Serial No. 4. \r\n3Substituted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972 ), published in the Gazette of Pakistan \r\n(Extraordinary), dated April 13, 1972, pp. 485-519, s. 2 read with First Schedule, Serial No. 4. \r\n4Added by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (CIV of 2002), published in the Gazett e of \r\nPakistan (Extraordinary), Part I, dated October 29, 2002, pp. 1673-1675, s. 3(b). \r\n5Omitted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary), Part I, \r\ndated June 29, 1994, pp. 223-235, s. 2 read with Schedule, Serial No. 4. \r\n6Omitted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 13, 1972, pp. 485-519, s. 2 read with First Schedule, Serial No. 4. \r\n7Inserted by the Labour Laws (Amendment) Ordinance , 2001 (LIII of 20 01) (w.e.f. 1.7.2001) , published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated October 6, 2001, pp. 1475-1481, s. 2 read with Schedule, Serial No. 4. \r\n8Substituted for the words “upto maximum amount of three hundred fifty rupees” by the Provincial Employees’ Social Security \r\n(Amendment) Ordinance, 2002 (CIV of 2002), published in the Gazette of Pakistan (Extraordinary), Part I, dated October 29, \r\n2002, pp. 1673-1675, s. 4. \r\n9Substituted for the words “two hundred ten” by the Finance Act, 2008 (I of 2008) (w.e.f. 1.7.2008), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated June 27, 2008, pp. 43-427, s. 3(3). \r\n(2) The liability of an employer to pay contribution under the sel f-\r\nassessment scheme shall be in respect of those employees who were secured \r\nunder this Ordinance on the 30th June, 2001. \r\n(3) Every employee secured under this Ordinance in respect of whom the \r\nemployer pays contribution shall be liable to pay through the e mployer an amount of \r\ntwenty rupees per month as his share to the institution. \r\n21. Records and returns by employers .– Every employer shall keep such \r\nrecords and shall submit to the Institution such returns, at such times, in such form \r\nand containing such p articulars relating to persons employed by him, as may be \r\nprovided in the regulations. \r\n22. Officials of Institution to check employer’s books .– (1) Any official of the \r\nInstitution, duly authorised by a certificate in a form specified in the regulations, m ay, \r\nfor the purpose of inquiring into the correctness of any of the particulars stated in the \r\nrecords or returns referred to in section 21 or for the purpose of ascertaining whether \r\nany of the provisions of this Ordinance have been complied with– \r\n(a) require an employer to furnish to him such information as he may \r\nconsider necessary; or \r\n(b) at any reasonable time enter any establishment or other premises \r\noccupied by such employer and require any person found incharge \r\nthereof to produce and allow him to exam ine such accounts, books \r\nand other documents relating to the employment of persons and \r\npayment of wages, or to furnish to him such information, as he may \r\nconsider necessary; or \r\n(c) examine, with respect to any matter relevant to the purposes aforesaid, \r\nthe employer, his agent or any person found in such establishment or \r\nother premises, or any other person whom the said official has \r\nreasonable cause to believe to be or to have been a secured person. \r\n (2) The official referred to in sub -section (1), shall be bound to secrecy as \r\nregards all matters with which he becomes acquainted in the performance of his \r\nduties and which do not relate to matters provided for in this Ordinance. \r\n (3) If an employer fails to maintain records or to submit returns as required \r\nby regulations, or otherwise fails to comply with the provisions of sub -section (1) and \r\nthereby makes it difficult to ascertain the identity of persons required to be secured \r\nor the amount of contribution payable, the contribution shall be assessed on the \r\nbasis of such evidence as the Institution may find satisfactory for this purpose. \r\n \r\n2\r\n[(4) No staff member of the Institution shall visit the premises of any \r\nestablishment, opting for the self -assessment scheme under section 20A, for the \r\npurpose of checking of employer’s books, record, etc., during the period the self -\r\nassessment scheme remains in operation.] \r\n \r\n1Substituted for the words “three hundred and sixty rupees” by the Provincial Employees’ Social Security (Amendment) Act , \r\n2013 (XXIV of 2013), published in the Punjab Gazette (Extraordinary), dated December 13, 2013, pp. 1793-1795, s. 6(a). \r\n2Added by the Labour Laws (Amendment) Ordinance, 2001 (LIII of 2001) (w.e.f. 1.7.2001), published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated October 6, 2001, pp. 1475-1481, s. 2 read with Schedule, Serial No. 4. \r\n \r\n1\r\n[(5) The number of annual inspections in respect of those establishments \r\nwhich do not opt for self -assessment scheme shall be restricted to only one whi ch \r\nshall be notified to the establishments in advance and shall, at the maximum, be \r\nrestricted to last two years.] \r\n23. Increase of unpaid contributions and recovery of contributions, etc., as \r\narrears of land revenue .– (1) If any employer fails to pay, on the due date, the \r\ncontributions payable by him under sub -section (1) of section 20, the amount so \r\npayable by him shall be increased by such percentage or amount as may be \r\nprescribed: \r\nProvided that in no case shall such increase exceed fifty per centum of t he \r\namount due: \r\nProvided further that no part of such increase shall be payable by, or the \r\nliability to pay the same be passed on by the employer to, his employees. \r\n(2) Without prejudice to any other remedy, the amount of the contributions \r\ndue, together wit h the increase provided for under sub -section (1), may be \r\nrecovered as arrears of land revenue. \r\n24. Safeguard of secured person rights in default of payment of \r\ncontributions by employer.– In the event of default in payment of contributions by \r\nthe employer in respect of a secured person, such secured person shall, unless he \r\nhas connived at such default, have and enjoy the same rights under this Ordinance \r\nas if no such default had occurred. \r\n25. Return of contributions paid erroneously.– \r\n2\r\n[An] employer shall be entitled \r\nto the refund of any contribution paid to the Institution under the erroneous belief that \r\nit was payable \r\n3\r\n[* * * *] under the provisions of this Ordinance, and shall be entitled to \r\nthe refund of the excess amount of the contribution where such contribution had \r\nbeen paid at a higher rate than the rate prescribed: \r\nProvided that where a contribution was paid under the erroneous belief that a \r\nperson was a secured person, any sum paid to such person or his dependents by \r\nway of benefits shall, in so f ar as possible, be deducted from the amount of such \r\nrefund: \r\nProvided further that no contribution or excess amount of any contribution \r\nshall be refunded unless an application for such refund is made within six months of \r\nthe date on which the contribution was paid. \r\n26. Increase of contributions where safety rules not observed .– If an \r\nemployer fails to observe rules of safety or hygiene prescribed by or under any \r\nenactment applicable to his establishment, the Commissioner may, subject to rules, \r\nby order in w riting, increase the employer’s rate of contribution; provided that such \r\nincrease shall not exceed twenty per centum of the contribution otherwise payable. \r\n \r\n1Added by the Provincial Employees’ Social Security (Amendment) Ordinance, 2002 (CIV of 2002), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated October 29, 2002, pp. 1673-1675, s. 5(b). \r\n2Substituted for the words “Every person or his” by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in \r\nthe Gazette of Pakistan (Extraordinary), dated April 13, 1972, pp. 485-519, s. 2 read with First Schedule, Serial No. 4. \r\n3Omitted the words “in respect of such person” by the Ordinance ibid. \r\n27. Extinguishment of claims to contributions.– Any claim of the Institution for \r\nunpaid contributions shall be extinguished in the manner provided in the regulations. \r\nCHAPTER IV \r\nFinance and Audit \r\n28. Employees’ Social Security Fund .– (1) All contributions paid under this \r\nOrdinance and all other moneys received by or on behalf of the Institution shall b e \r\npaid into the Fund, which shall be held and administered by the Institution for the \r\npurposes of this Ordinance. \r\n(2) The Institution may accept grants, donations and gifts from any \r\nGovernment or from a local authority or other body for all or any of the p urposes of \r\nthis Ordinance. \r\n(3) All moneys accruing or payable to the Fund shall be paid into such \r\nscheduled bank as may be approved by the Governing Body, or to any office of the \r\nInstitution. \r\n(4) The Institution shall maintain separate accounts for adminis trative \r\nexpenses, and for such branches of social security and such other purposes as may \r\nbe prescribed. \r\n29. Security Reserves.– The Institution shall establish and maintain reserves in \r\nconnection with the branches of social security prescribed in accordan ce with sub -\r\nsection (4) of section 28 at such times, up to such amounts, and in such manner as \r\nmay be prescribed. \r\n30. Investments and loans .– (1) Subject to rules, the Institution may, from time \r\nto time, invest any moneys which are not immediately required for payments under \r\nthis Ordinance, and may reinvest or realise such investments. \r\n(2) The Institution may, with the previous sanction of Government and on \r\nsuch terms as it may specify, raise loans and take measures for discharging such \r\nloans. \r\n31. Budget.– (1) The Institution shall, before such date and in such manner as \r\nmay be prescribed, draw up estimates for the ensuing year of– \r\n(a) the administrative expenses of the Institution; \r\n(b) the expenditure to be incurred under each of the branches of social \r\nsecurity and other purposes for which separate accounts are \r\nprescribed in accordance with sub-section (4) of section 28; and \r\n(c) the income of the Institution from contributions, the special tax payable \r\nunder section 70, and other sources, if any. \r\n(2) The Institution shall allocate the estimated income from the special tax \r\ntowards meeting capital expenditure in accordance with sub -section (3) of section \r\n70, and after allocating sufficient of the estimated income from contributions and \r\nother sources, if any, to cover the estimated administrative expenses, shall allocate \r\nthe remainder of such estimated income among the branches of social security and \r\nother purposes referred to in clause (b) of sub-section (1). \r\n(3) Such estimates and allocations shall, before such date as may be \r\nprescribed, be submitted to Government and, when approved by it, shall constitute \r\nthe budget of the Institution for the ensuing year. \r\n(4) If Government has not approved such estimates and allocations, with \r\nor without amendment, within thirty days of their submission or before the \r\ncommencement of the financial year to which such estimates relate, whichever is the \r\nlater, its approval shall be deemed to have been given and the estimates and \r\nallocations as submitted shall, constitute the budget o f the Institution for the financial \r\nyear to which they relate. \r\n(5) If it appears that expenditure under any budget head is likely to exceed \r\nthe budget provision under such head, the Governing Body may increase such \r\nbudget provision by transferring thereto from any other budget head, any amounts \r\nnot required or not expected to be required under such head: \r\nProvided that no such transfer shall be made to the budget heads for either \r\nadministrative expenses or the provision of medical care without the prior appr oval \r\nof Government. \r\n(6) If, notwithstanding the application of the provisions of sub-section (5), it \r\nappears that expenditure under any budget head is likely to exceed the \r\ncorresponding budget provision, or that income under any budget head is likely to \r\nfall short of the corresponding budget provision, the expected excess or deficiency, \r\nas the case may be, shall be reported to Government, who shall take such action, if \r\nany, as may seem appropriate: \r\nProvided that no payment to which a claimant is entitled un der this Ordinance \r\nshall be withheld pending such action. \r\n32. Accounts and Audit .– (1) The Institution shall maintain accounts of its \r\nincome and expenditure and of its assets and liabilities in such form and manner as \r\nmay be prescribed. \r\n(2) The Institution shall appoint an internal auditor who shall perform such \r\nduties and exercise such powers as may be provided by regulations. \r\n1[(3) The accounts of the Institution shall be audited by the Auditor General \r\nof Pakistan and in addition thereto, the Governing B ody may also appoint a \r\nqualified Chartered Accountant or Chartered Accountant firm for audit of accounts \r\nof the Institution.] \r\n(4) The external auditor shall have access to the books, accounts and \r\nother documents of the Institution at all reasonable times, and may call for such \r\nexplanations and information as he may require, or examine any officer of the \r\nInstitution. \r\n(5) The external auditor shall forward his report to Government together \r\nwith an audited copy of the accounts of the Institution. \r\n \r\n1Substituted by the Provincial Employees’ Social Secur ity (Amendment) Act, 2026 (XXII of 2026), published in the Punja b Gazette \r\n(Extraordinary), dated May 06, 2026, pp.5833-5834, s.3. \r\n \r\n33. Annual Reports.– (1) The Institution shall, within six months after the closing \r\nof a financial year, submit to Government an annual report of its work and activities \r\nduring that financial year, and such report shall cover such matters as may be \r\nprescribed. \r\n(2) The annual report, together with the audited accounts of the Institution, \r\nshall be published and copies thereof shall be made available for sale to the public. \r\n34. Valuation of assets and liabilities .– The Institution shall, at intervals of not \r\nmore than five years, have an actuarial valuation made of its assets and liabilities: \r\nProvided that Government may direct a valuation to be made at such other \r\ntimes as it may consider necessary. \r\nCHAPTER V \r\nBenefits \r\n35. Sickness benefit .– (1) A secured person who is cer tified, by a medical \r\npractitioner authorised by the Institution in the manner provided in the regulations to \r\ngive such a certificate, to be incapable of attending to his work on account of \r\nsickness shall, subject to regulations, be entitled to receive sick ness benefit at such \r\nrate as may be fixed by Government by notification, in consultation with the \r\nInstitution, if during the six calendar months immediately preceding the date on \r\nwhich his incapacity of work was so certified, contributions in respect of hi m were \r\npaid or payable for not less than ninety days. \r\n1\r\n[\r\n2\r\n[(2) A secured person shall be entitled to receive sickness benefit \r\nthroughout the period of sickness: \r\nProvided that during a continuous period of three hundred and sixty -five days \r\nsuch benefit shall not be allowed for a period exceeding– \r\n3\r\n[(a) three hundred and sixty -five days, in case he has been suffering from \r\nTuberculosis or Cancer which render an employee incapable to earn \r\nhis livelihood.] \r\n(b) one hundred and twenty-one days, in case he has been suffering from \r\nany other disease: \r\n Provided further that he shall not be entitled to receive such benefit for the \r\nfirst two days of his sickness if such sickness does not, within fifteen days, follow the \r\nprevious period of sickness for which he received o r was entitled to receive such \r\nbenefit.]] \r\n36. Maternity benefit.– A secured woman shall, subject to regulations be entitled \r\nto receive maternity benefit at such rate as may be fixed by Government by \r\nnotification, in consultation with the Institution, if c ontributions in respect of her were \r\npaid or payable for not less than one hundred and eighty days during the twelve \r\n \r\n1Substituted by the West Pakistan Employees’ Social Security (Punjab Second Amendment) Ordinance, 1971 (XXVI of 1971), \r\npublished in the Punjab Gazette (Extraordinary), dated December 13, 1971, pp. 1571-A-1571-B, s. 2. \r\n2Substituted by the West Pakistan Employees’ Social Security (Amendment) Act, 1973 (XV of 1973), published in the Gazette \r\nof Pakistan (Extraordinary), Part I, dated February 7, 1973, pp. 38-39, s. 2. \r\n3Substituted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary), \r\nPart I, dated June 29, 1994, pp. 223-235, s. 2 read with Schedule, Serial No. 4. \r\ncalendar months immediately preceding the expected date of her confinement as \r\ncertified by a medical practitioner authorised by the Institut ion in the manner \r\nprovided in the regulations to give such a certificate, and such benefit shall be paid \r\nfor all days on which she does not work for remuneration during a period of twelve \r\nweeks, of which not more than six weeks shall precede the expected d ate of \r\nconfinement. \r\n37. \r\n1\r\n[Funeral grant].– \r\n2\r\n[(1) On the death of a secured person receiving or entitled \r\nto receive injury or sickness benefit, or medical care at the time of his death, the \r\nsurviving widow, widows or needy widower, or if there is no surviv ing widow, widows \r\nor needy widower, the person who provided for the funeral, shall, subject to \r\nregulations, be entitled to such funeral grant as may be provided in the regulations.] \r\n \r\n3\r\n[(2) Where husband of a secured woman dies, she shall, subject to \r\nregulations, be entitled to receive iddat benefit equal to the daily rate of her wages \r\nduring the period of her iddat: \r\nProvided that a secured woman being a seasonal employee shall be entitled \r\nto receive iddat benefit in the same manner and to the same extent no twithstanding \r\ntermination of seasonal employment during the period of iddat: \r\nProvided further that no employer shall refuse leave for the period of iddat \r\nand such leave shall not be accounted towards leave provided under any other law \r\nfor the time being in force.] \r\n38. Medical care during sickness and maternity .– \r\n4\r\n[(1) A secured person and \r\nhis dependents shall be entitled to medical care in the manner and to the extent \r\nprovided in the regulations.] \r\n(2) A secured woman shall, subject to regulations, be entit led to pre-natal \r\nconfinement and post-natal medical care, if she is entitled to maternity benefit under \r\nsection 36 or if, during the six calendar months immediately preceding her claim, \r\ncontributions in respect of her were paid or payable for not less than ninety days. \r\n \r\n5\r\n[38A. Medical care of dependents, etc .– Where a secured person dies other than \r\ndue to any employment injury, his dependents shall, subject to regulations, be \r\nentitled to medical care for one year from the date of death of the secured person: \r\n Provided that the deceased secured person had been in continuous \r\nemployment of an establishment for not less than twelve months immediately \r\npreceding his death: \r\n Provided further that where the deceased secured person was a seasonal \r\nemployee, his de pendents shall be entitled to medical care for six months from the \r\ndate of death of such secured person: \r\n \r\n1Substituted for the words “Death grant” by the Provincial Employees’ Social Security (Amendment) Act, 2013 (XXIV of 2013), \r\npublished in the Punjab Gazette (Extraordinary), dated December 13, 2013, pp. 1793-1795, s. 7(i). \r\n2Substituted by the Act ibid., s. 7(ii). \r\n3Added by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary), Part I, \r\ndated June 29, 1994, pp. 223-235, s. 2 read with Schedule, Serial No. 4. \r\n4Substituted by the West Pakistan Employees’ Social Security (Amendment) Ordinance, 1969 (XLVII of 1969), published in the \r\nGazette of West Pakistan (Extraordinary), dated December 6, 1969, pp. 2193-2194, s. 3. \r\n5Inserted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary), Part I, \r\ndated June 29, 1994, pp. 223-235, s. 2 read with Schedule, Serial No. 4. \r\n Provided also that the deceased had been in employment of an establishment \r\nfor not less than six months during two continuous seasons immediately pr eceding \r\nhis death.] \r\n39. Injury benefits.– A secured person shall, subject to regulations, be entitled to \r\nreceive injury benefit at such rate as may be fixed by Government by notification, in \r\nconsultation with the Institution, in respect of any day, \r\n1\r\n[* * *] including the day on \r\nwhich, as a result of an employment injury, he is certified by a medical practitioner \r\nauthorised by the Institution in the manner provided in the regulations to give such a \r\ncertificate to be incapable of work, but for not more than one hundred and eighty \r\ndays. \r\n40. Disablement pension .– (1) A secured person who sustains total or partial \r\ndisablement shall, subject to regulations, be entitled, upon the expiration of his \r\nentitlement to injury benefit, to receive disablement pension, according to the degree \r\nof disablement determined from time to time, at such rates for different degrees of \r\ndisablement as may be fixed by Government by notification, in consultation with the \r\nInstitution. \r\n (2) Disablement pension shall terminate with the dea th of the recipient or \r\nwhen disablement ceases, or ceases to be total or partial disablement: \r\nProvided that if a disablement pension has been paid for five years it shall be \r\npayable for life. \r\n41. Disablement gratuity .– (1) A secured person who sustains mi nor \r\ndisablement shall, subject to regulations, be entitled to a disablement gratuity at \r\nsuch rates for different degrees of disablement as may be fixed by Government by \r\nnotification, in consultation with the Institution. \r\n(2) Where a person receiving disabl ement pension ceases to suffer from \r\ntotal or partial disablement but continues to suffer from minor disablement he shall, \r\non the termination of his disablement pension, be entitled to disablement gratuity \r\nunder this section. \r\n42. Survivor’s pension .– (1) W here a secured person dies as a result of an \r\nemployment injury, a survivor’s pension shall, subject to regulations, be payable to \r\neach of his dependents as follows, that is to say– \r\n(a) to the widow, widows, or needy widower, during life, at a rate equal to \r\nthree-fifths of the rate of total disablement pension to which the \r\nsecured person was, or would have been entitled, and where there are \r\ntwo or more widows, the pension shall be divided equally between \r\nthem; \r\n(b) to each dependent child, at a rate equal to one-fifth of the rate of such \r\ntotal disablement pension: \r\nProvided that if the child is a full orphan, the rate shall be two -fifths of the rate \r\nof the total disablement pension: \r\n \r\n1Omitted the words and commas “other than the first three days,” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), \r\npublished in the Gazette of Pakistan (Extraordinary), Part I, dated June 29, 1994, pp. 223-235, s. 2 read with Schedule, Serial \r\nNo. 4 which were earlier omitted by the West Pakistan Employees’ Social Security (Punjab Second Amendment) Ordinance, \r\n1971 (XXVI of 1971), published in the Punjab Gazette (Extraordinary), dated December 13, 1971, pp. 1571-A-1571-B, s. 3. \r\nProvided further that if and so long as the total of the survivor’s pensions \r\nwould otherwise exceed the rate of such total disablement pension, the pension of \r\neach of the survivors shall be reduced proportionately so that the total pensions \r\npayable to them does not exceed the rate of the said total disablement pension. \r\n(2) In case th e deceased person does not leave a widow, or needy \r\nwidower, a survivor’s pension shall be payable for life to a dependent father, if he be \r\nalive, and if he be not alive, to a dependent mother, if she be alive, at a rate equal to \r\none-fifth of the rate of th e total disablement pension to which the secured person \r\nwas or would have been entitled. \r\n1\r\n[(2-A) In case the deceased person does not leave a dependent, a survivor’s \r\npension shall be payable for life to a dependent father, if he be alive, and if he be not \r\nalive, to a dependent mother, if she be alive and if she be not alive, to dependent \r\nbrothers and sisters in equal shares, at a rate equal to one half of the rate of total \r\ndisablement pension to which the secured person was or would have been entitled.] \r\n2\r\n[(2-B) Where only father or mother is entitled to the survivor’s pension and \r\nthe recipient dies leaving behind the other parent, such surviving parent shall be \r\nentitled to the survivor’s pension equal to the amount being received by the other \r\nparent at the time of the death of that parent subject to the condition that the \r\nsurviving parent is the real father or mother of the deceased secured worker.] \r\n(3) Survivor’s pensions shall be payable upon the death of the secured \r\nperson and shall terminate– \r\n(a) upon the death of the survivor; or \r\n(b) where the survivor is a widow, upon her remarriage; or \r\n3\r\n[(c) where the survivor is a dependant child– \r\n(i) on attaining the age of nineteen years, in case of a female child; and \r\n(ii) twenty-one years, in case of a male child \r\n4\r\n[:]] \r\n5\r\n[Provided that such age limit shall not apply to dependent unmarried \r\ndaughters;] \r\nAnd in any such case the pensions of the remaining survivors shall, if \r\nnecessary, be adjusted within the maximum laid down in the second proviso to sub -\r\nsection (1). \r\n \r\n1Added by the West Pakistan Employees’ Social Security ( Punjab Amendment) Act, 1975 (II of 1975), published in the Punjab \r\nGazette (Extraordinary), dated March 2, 1975, pp. 133-C-133-D, s. 2. \r\n2Inserted by the Provincial Employees’ Social Security (Amendment) Act, 2013 (XXIV of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated December 13, 2013, pp. 1793-1795, s. 8. \r\n3Substituted by the West Pakistan Employees’ Social Security (Punjab Second Amendment) Ordinance, 1971 (XXVI of 1971), \r\npublished in the Punjab Gazette (Extraordinary), dated December 13, 1971, pp. 1571-A-1571-B, s. 4. \r\n“(c) where the survivor is a dependent child, upon his attaining the age of [twenty one] years;” \r\nThe words in crotchet, however, have been substituted by the Labour Laws (A mendment) Act, 1994 (Federal Act XI of 1994), \r\nfor “sixteen” and thereafter the following proviso has also been added: \r\n“Provided that such age limit shall not apply to dependent unmarried daughters;”. \r\n4Substituted for the “semi-colon” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated June 29, 1994, pp. 223-235, s. 2 read with Schedule, Serial No. 4. \r\n5Added by the Act ibid. \r\n43. Death grant in case of death while in receipt of injury benefit or total \r\ndisablement pension.– Where a secured person dies while he is in receipt of injury \r\nbenefit or of a total disablement pension the widow, widows or needy widower, or, if \r\nthere is no widow or needy widower, the person who provided for the funeral, shall, \r\nsubject to regulations, be entitled to a death grant equal to the daily rate of the injury \r\nbenefit or of the total disablement pension, as the case may be, multiplied by thirty, \r\nbut in no case less than \r\n1\r\n[one thousand and five hundred] rupees. \r\n2[43-A. Financial benefits.- Subject to the approval of the Government and \r\navailability of the funds, a secured person may be granted financial benefits, in such \r\nmanner and to such extent as ma y be prescribed, for purchase of essential \r\ncommodities from such outlets as notified by the Government.] \r\n44. Medical care in the case of employment injury .– (1) When medical care is \r\nrequired as a result of an employment injury– \r\n(a) no conditions as regards payment of contributions shall apply; \r\n3\r\n[and] \r\n(b) it shall include dental care in addition to the services referred to in \r\nsection 45 \r\n4\r\n[.] \r\n5\r\n[(c) * * * * * * * * * ] \r\n(2) A person in receipt of injury benefit, disablement pension for loss of \r\nearning capaci ty not less than fifty per centum or a survivor’s pension shall be \r\nentitled to medical care for so long, as the injury benefit, disablement pension or \r\nsurvivor’s pension, as the case may be, continues, and, in the case of a disablement \r\npension being receiv ed by the secured person, for six months after the termination \r\nof the pension. \r\n45. Content of medical care.– (1) Medical care shall include– \r\n(a) general practitioner care, including domici-liary visiting; \r\n(b) specialist care in hospitals for in -patients a nd out -patients and such \r\nspecialist care as may be available outside hospitals; \r\n(c) essential pharmaceutical supplies as prescribed by a medical \r\npractitioner; \r\n(d) hospitalisation where necessary, including cases of pregnancy and \r\nconfinement; \r\n(e) pre-natal confinement and post -natal care, either by medical \r\npractitioners or by qualified midwives. \r\n6\r\n[(2) * * * * * * * * * ] \r\n \r\n1Substituted by the Act ibid. \r\n2Inserted by the Provincial Employ ees’ Social Security (Amendment) Act 202 5 (XXXVII of 2025) , published in the Punjab \r\nGazette (Extraordinary), dated: 30 May 2025, p. 4769, s.3. \r\n3Added by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 13, 1972, pp. 485-519, s. 2 read with First Schedule, Serial No. 4. \r\n4Substituted for the semi-colon and word “; and” by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in \r\nthe Gazette of Pakistan (Extraordinary), dated April 13, 1972, pp. 485-519, s. 2 read with First Schedule, Serial No. 4. \r\n5Omitted by the Ordinance ibid. \r\n6Ibid. \r\n46. Manner of providing medical care .– (1) Regulations shall specify the \r\nmanner in which medical care shall be provided. \r\n(2) The Institu tion may, with the approval of Government, establish and \r\nmaintain such hospitals, dispensaries and other facilities as it finds necessary for \r\nproviding medical care in pursuance of the provisions of this Ordinance. \r\n(3) The Institution may buy or import and dispense pharmaceutical \r\nsupplies direct to the beneficiaries. \r\n(4) The Institution may enter into agreements with Government, any local \r\nauthority, private body or individual in regard to the provision of medical care to \r\npersons entitled to it under this Ordinance. \r\n(5) The Institution may enter into an agreement with an employer who \r\nmaintains a hospital or dispensary or any other medical facility for the benefit of his \r\nemployees for the utilisation of such hospital, dispensary or facility for the purposes \r\nof the Institution and such agreement may, among other things, specify the persons \r\nto whom medical care shall be provided, the type of benefit to be made available, \r\nthe minimum level of such benefit, the conditions under which such benefit shall be \r\nprovided, the extent of supervision which the Institution may exercise over the \r\nhospital, dispensary or other medical facility, the submission of reports to the \r\nInstitution by the employer, and the extent and manner of re -imbursement to the \r\nemployer. \r\n47. Institution’s power to promote measures for health, welfare, etc., of \r\nsecured persons.– The Institution may, in addition to the benefits specified in this \r\nOrdinance, undertake other measures for improving the health and welfare of \r\nsecured person and for the rehabilitation and settlement of such secured persons as \r\nmay have been disabled or injured, and may for that purpose incur expenditure from \r\nthe Fund. \r\n1\r\n[47-A. Establishment of medical and other institutions .–The Institution may, \r\nthrough the public -private partners hip mode 2[or on its own ], establish medical, \r\ndental, nursing, allied health or training institutions and, for the purpose, incur \r\nexpenditure from the Fund 3[:]] \r\n 4[Provided that the medical, dental, nursing, allied health or training \r\ninstitutions establis hed under this section shall meet the requisite requirements of \r\nthe relevant laws for the time being in force and relevant regulatory bodies of the \r\nFederal Government or the Government, as the case may be.] \r\n48. Manner of claiming benefit.– (1) All claims for benefits under this Ordinance \r\nshall be made within such times as may be prescribed, and in such form and \r\n \r\n1Inserted by the Provincial Employees’ Social Security (Amendment) Act, 2013 (XXIV of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated December 13, 2013, pp. 1793-1795, s. 9. \r\n2Inserted by the Provincial Employees’ Social Secur ity (Amendment) Act, 2026 (XXII of 2026), published in the Punjab Gazet te \r\n(Extraordinary), dated May 06, 2026, pp.5833-5834, s.4 (a). \r\n3Substituted by the Pr ovincial Employees’ Social Secur ity (Amendment) Act, 2026 (XXII of 2026), published in the Punjab Gazet te \r\n(Extraordinary), dated May 06, 2026, pp.5833-5834, s.4 (b). \r\n4Added by the Provincial Employees’ Social Secur ity (Amendment) Act, 2026 (XXII of 2026), published in the Punjab Gazet te \r\n(Extraordinary), dated May 06, 2026, pp.5833-5834, s.4 (b). \r\n \r\nmanner, and shall be accompanied by such documents, information and evidence \r\nas to entitlement as may be provided in the regulations. \r\n(2) Payment in respect of benefits shall be made in such manner, and at \r\nsuch times and places as may be provided in the regulations. \r\n49. Benefit not assignable or attachable.– (1) The right to receive any payment \r\nin respect of any benefit under this Ordinance shall no t be transferable or \r\nassignable. \r\n(2) No benefit payable under this Ordinance shall be liable to attachment \r\nor sale in execution of any decree or order of any Court. \r\n50. Exemption from stamp duty .– Notwithstanding anything to the contrary \r\ncontained in the Stamp Act, 1899 (Act II of 1899), stamp duty shall not be \r\nchargeable upon any draft or order or receipt in respect of any benefit payable under \r\nthis Ordinance. \r\n51. Non-duplication of benefits.– (1) A secured person shall not be paid, for the \r\nsame period, more than one of the benefits referred to in sections 35, 36 and 39, \r\nnamely, sickness benefit, maternity benefit and injury benefit, and where any person \r\nis entitled to more than one of these benefits he shall be given the higher or highest \r\nof such benefits. \r\n(2) No person shall be entitled to sickness benefit or maternity benefit or \r\ninjury benefit for any day for which he receives wages. \r\n52. Repayment of benefit improperly received .– (1) When a person has \r\nreceived any benefit or payment under this Ordinanc e to which he is not lawfully \r\nentitled, he shall be liable to repay to the Institution the value of the benefit or the \r\namount of such payment, and, in the case of his death, his legal heirs shall be liable \r\nto repay the same from the assets of the deceased: \r\nProvided that the Institution may waive repayment where there was no mis -\r\nrepresentation on the part of the beneficiary and the repayment would cause undue \r\nhardship to him, or, as the case may be, to his survivors. \r\n(2) For the purposes of this section, the value of any benefit received \r\notherwise than in cash shall be determined in accordance with the regulations. \r\n53. Institution’s right to recover damages from employer in certain cases .– \r\nWhere, according to the finding of a Court, an employment injury was sustained by a \r\nsecured person by reason of a wrongful act or omission of the employer or his \r\nagent, the employer or his agent shall reimburse to the Institution the actuarial \r\npresent value of any periodical payment or the amount of any lump sum payment \r\nwhich the Institution is liable to make under this Ordinance and such actuarial value \r\nshall be determined in accordance with the regulations. \r\n54. Institution’s right to be indemnified in certain cases .– Where a secured \r\nperson is entitled to receive or to rec over, but has not received or recovered, from \r\nany person, compensation or damages in respect of any sickness or employment \r\ninjury caused under circumstances creating a liability in some person other than, in \r\ncase of employment injury, the employer or his a gent, the Institution shall be entitled \r\nto be indemnified by the person so liable. \r\n1\r\n[54A. Extent of benefits, etc .– Notwithstanding anything contained in this Chapter, \r\nso much of wages of a secured persons as are in excess of \r\n2\r\n[\r\n3\r\n[the wages determined \r\nby the Government under section 71 of the Ordinance]] shall not be accounted for \r\nthe purpose of determining the rate of benefits provided under sections 35, 36, 37, \r\n39, 40, 41, 42 and 43.] \r\n55. Recovery of amounts due .– Any amount recoverable by the Institution \r\nunder this Chapter may be recovered as arrears of land revenue. \r\n4\r\n[CHAPTER VA \r\nMedical Treatment of Domestic Servants \r\n55A. Medical treatment of domestic servants .– Every employer of a domestic \r\nservant shall be liable to provide at his own cost to the domes tic servant medical \r\ncare to the extent mentioned in section 45.] \r\nCHAPTER VI \r\nDetermination of Questions and Claims \r\n56. Assessment of disablement .– All questions as to the assessment of the \r\ndegree of disablement shall be determined by a medical board or med ical \r\npractitioner appointed under section 17. \r\n57. Decisions on complaints, questions and disputes .– If any complaint is \r\nreceived or any question or dispute arises as to– \r\n(a) whether any person is a secured person within the meaning of this \r\nOrdinance \r\n5\r\n[* * *]; or \r\n(b) the rate of wages or average daily wages of a secured person for the \r\npurposes of this Ordinance; or \r\n(c) the rate of contribution payable by an employer in respect of an \r\nemployee; or \r\n(d) the person who is or was the employer in respect of a secu red person; \r\nor \r\n(e) any benefit and the amount and duration thereof; or \r\n(f) any other matter in respect of any contribution or benefit or other dues \r\npayable or recoverable under this Ordinance; \r\nthe matter shall be decided by the Institution, in such manner , and \r\nwithin such time as the regulations may provide, and the Institution \r\n \r\n1Inserted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary), Part I, \r\ndated June 29, 1994, pp. 223-235, s. 2 read with Schedule, Serial No. 4. \r\n2Substituted for the words “one hundred and twenty rupees per day or three thousand rupees per month” by the Provincial \r\nEmployees’ Social Security (Amendment) Ordinance, 2002 (CIV of 2002), published in the Gazette of Pakistan (Extraordinary), \r\nPart I, dated October 29, 2002, pp. 1673-1675, s. 6. \r\n3Substituted for the words “two hundred rupees per day or five thousand rupees per month”by the Provincial Employees’ Social \r\nSecurity (Amendment) Act, 2013 (XXIV of 2013), published in the Punjab Gazette (Extraordinary), dated December 13, 2013, \r\npp. 1793-1795, s.10. \r\n4Inserted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 13, 1972, pp. 485-519, s. 2 read with First Schedule, Serial No. 4. \r\n5Omitted by the Ordinance ibid. \r\nshall notify its decision to the person or persons concerned, in writing, \r\nstating therein the reason or reasons for its decisions. \r\n58. Review on account of new facts .– The Institut ion may, subject to \r\nregulations, on new facts being brought to its notice, review a decision given by it \r\nunder section 57: \r\nProvided that no decision shall be so reviewed without giving the person or \r\npersons concerned an opportunity of being heard and adduc ing evidence in support \r\nof or against the decision, as the case may be. \r\n59. Appeal to Social Security Court .– Any person aggrieved by a decision of \r\nthe Institution under section 57 or on a review under section 58 may appeal to the \r\nappropriate Social Security Court. \r\n60. Constitution of Social Security Court .– (1) Government may for purposes \r\nof this Ordinance constitute, by notification, a Social Security Court for any Social \r\nSecurity Area or Areas specified in the notification. \r\n(2) A Social Security Court shall be presided over by a Judge who shall be \r\nappointed by Government. \r\n(3) A person shall not be appointed as a Judge of a Social Security Court \r\nunless he has– \r\n(a) for a period of not less than three years held a judicial office; or \r\n(b) for a period, or for periods aggregating, not less than seven years been \r\nan advocate or pleader of the High Court. \r\n61. Jurisdiction of Social Security Courts .– (1) Subject to the provisions of \r\nsub-section (2), a Social Security Court shall have exclusive jurisdiction to he ar and \r\ndecide appeals from decisions of the Institution under section 57 or reviews under \r\nsection 58 in respect of all claims, questions and disputes arising in the appropriate \r\nSocial Security Area. \r\n(2) Government may, by order in writing, transfer an appe al from one \r\nSocial Security Court to another, whenever it appears to it that such transfer will \r\npromote the ends of justice or tend to the general convenience of the parties and \r\nwitnesses. \r\n(3) The Social Security Court to which an appeal has been transferr ed \r\nunder the provisions of sub -section (2) shall deal with the same as if it had been \r\noriginally instituted in, or presented to, such Court. \r\n62. Powers of Social Security Court, etc .– (1) A Social Security Court shall \r\nhave all the powers of a Civil Court for the purposes of summoning and enforcing \r\nthe attendance of witnesses, compelling the discovery and production of documents \r\nand material objects, administering oath and recording evidence, and such a Court \r\nshall be deemed to be a Civil Court within the m eaning of section 195 of the Code of \r\nCriminal Procedure, 1898 (Act V of 1898). \r\n(2) Notwithstanding anything contained in any other law, a Social Security \r\nCourt may, for the purpose of deciding any appeal, examine such witnesses and \r\ntake such evidence as it considers necessary. \r\n(3) A Social Security Court may make such order with regard to costs \r\nincidental to any appeal as it thinks fit. \r\n(4) An order of a Social Security Court shall be enforceable as if it were a \r\ndecree of a Civil Court. \r\n(5) A person shall b e guilty of contempt of a Social Security Court if he, \r\nwithout lawful excuse– \r\n(a) offers any insult to the Social Security Court or any member thereof \r\nwhile the Court is functioning as such; or \r\n(b) causes any interruption in the work of the Social Security Court; or \r\n(c) fails to produce or deliver a document when ordered by the Social \r\nSecurity Court to do so; or \r\n(d) refuses to answer any question of the Social Security Court which he is \r\nbound to answer; or \r\n(e) refuses to take oath to state the truth or to sign any statement made by \r\nhim when required by the Social Security Court to do so; \r\nand the Social Security Court may, without any complaint having been \r\nmade to it, forthwith try such person for such contempt and sentence \r\nhim to a fine not exceeding \r\n1\r\n[five thousand] rupees. \r\n63. Appearance by legal practitioners .– Any application, appearance or act \r\nrequired to be made or done by any person to or before a Social Security Court \r\n(other than the appearance of a person required for the purposes of his examinatio n \r\nas a witness) may be made or performed by a legal practitioner or by an officer of a \r\nregistered trade union authorised in writing by such person, or, with the permission \r\nof the Court by any other person so authorised. \r\n64. Appeal.– (1) Save as expressly provided in this section, no appeal shall lie \r\nfrom an order of a Social Security Court. \r\n(2) An appeal shall lie to the High Court from an order of a Social Security \r\nCourt if it involves a substantial question of law. \r\n(3) The period of limitation for an app eal under this section shall be thirty \r\ndays. \r\n(4) The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of \r\n1908) shall, apply to appeals under this section. \r\n65. Stay of payment pending appeals .– Where the Institution has appealed \r\nagainst an order of a Social Security Court that Court may, and, if so directed by the \r\nHigh Court shall, pending the decision of the appeal, direct that the payment of any \r\nsum required to be paid by the order appealed against shall be withheld. \r\nCHAPTER VII \r\nOffences and Penalties \r\n \r\n1Substituted for the word “fifty” by the Provincial Employees’ Social Security (Amendment) Act, 2013 (XXIV of 2013), published \r\nin the Punjab Gazette (Extraordinary), dated December 13, 2013, pp. 1793-1795, s. 11. \r\n66. Offences.– (1) If any person– \r\n(a) for the purpose of obtaining the allowance or denial of any payment or \r\nbenefit under this Ordinance, whether for himself or some other \r\nperson, or for the purpose of avoiding any payment to be made by \r\nhimself or any other person under this Ordinance– \r\n(i) knowingly makes or causes to be made any false statement or false \r\nrepresentation; or \r\n(ii) produces or furnishes, or causes or knowingly allows to be produced \r\nor furnished, any document or information which h e knows to be false \r\nin a material particular; or \r\n(b) fails to pay any contribution which under this Ordinance he is liable to \r\npay; or \r\n(c) recovers or attempts to recover from a secured person, or deducts or \r\nattempts to deduct from his wages, the whole or a ny part of the \r\n1\r\n[*] \r\ncontribution; or \r\n(d) fails or refuses to submit any return required by regulations or makes a \r\nfalse return; or \r\n(e) obstructs any official of the Institution in the discharge of his duties; or \r\n(f) is guilty of any contravention of, or no n-compliance with, any of the \r\nrequirements of this Ordinance or the rules or the regulations; \r\nhe shall, without prejudice to any action to which he may be liable under section 23 \r\nor section 70 or any other provision of this Ordinance, be punished with \r\nimprisonment which may extend to three months, or with fine \r\n2\r\n[up to ten thousand \r\nrupees but not less than two thousand rupees], or with both. \r\n67. Prosecution.– (1) No prosecution under this Ordinance shall be instituted \r\nexcept with the previous sanction of t he Commissioner or of an officer authorised by \r\nhim in writing in this behalf. \r\n(2) No Court inferior to that of a Magistrate of the First Class shall try any \r\noffence under this Ordinance. \r\n(3) No Court shall take cognizance of any offence under this Ordinanc e \r\nexcept on a complaint made in writing within six months of the date on which the \r\noffence was discovered. \r\n3\r\n[\r\n4\r\n[(4) * * * * * * * * * ]] \r\nCHAPTER VIII \r\nMiscellaneous \r\n \r\n1Omitted the word “employer’s” by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of \r\nPakistan (Extraordinary), dated April 13, 1972, pp. 485-519, s. 2 read with First Schedule, Serial No. 4. \r\n2Substituted for the words “not exceeding one thousand rupees” by the Provincial Employees’ Social Security (Amendment) \r\nAct, 2013 (XXIV of 2013), published in the Punjab Gazette (Extraordinary), dated December 13, 2013, pp. 1793-1795, s. 12. \r\n3Added by the La bour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), dated \r\nApril 13, 1972, pp. 485-519, s. 2 read with First Schedule, Serial No. 4. \r\n4Omitted by the West Pakistan Employees’ Social Security (Amendment) Act, 1973 (XV of 1973), published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated February 7, 1973, pp. 38-39, s. 4. \r\n68. Contributions, etc., to have priority over other debts .– In any proceedings \r\nof insolvency against a person or proceedings for the winding up of a company, any \r\ncontribution or other amount payable under this Ordinance by such person or \r\ncompany shall be deemed to be included among debts to be paid in priority to all \r\nother debts. \r\n69. Exemption f rom taxes .– Notwithstanding anything contained in any other \r\nlaw, Government may, by order in writing, exempt the Institution from any tax, rate or \r\nduty leviable by Government or by a local authority under the control of Government. \r\n70. Levy of special tax .– (1) Where, in respect of any group of undertakings \r\nproducing a particular type of product or performing a particular type of service, this \r\nOrdinance is, in accordance with the provisions of sub -section (3) of section 1, \r\napplied to some areas or establish ments, but not to other areas or establishments, \r\nGovernment may, after consultation with the Institution, by a notification, levy on the \r\nemployers in the areas or establishments to which the Ordinance is not applied, \r\nnotwithstanding anything contained in this Ordinance, a special tax, to be paid to the \r\nInstitution, at such rate, not exceeding five per centum of the total wages paid by the \r\nemployer, at such times and subject to such conditions, as may be prescribed. \r\n1\r\n[(2) For the purposes of sub -section (1), the total wages paid by the \r\nemployers shall mean the total wages which have accrued to all his employees not \r\ntaking into account so much of an employee’s wages as are in excess of \r\n2\r\n[the wages \r\ndetermined by the Government under section 71 of the Ordinance].] \r\n(3) The proceeds of the special tax shall be paid into the Fund and shall \r\nbe utilized for capital expenditure towards building up and improving the medical \r\nfacilities available for the provision of medical care under this Ordinance. \r\n(4) All provisions o f this Ordinance and rules or regulations relating to \r\ncontributions, with the exception of section 26 and the rules made thereunder, shall \r\napply to the special tax as if it were a contribution payable under section 20. \r\n71. Review and modification of wage limits, contributions and benefits.– (1) \r\nIn January of each year, the Governing Body shall review the wage limits \r\n3\r\n[* * * *] \r\nand the rates of contribution and benefits provided under this Ordinance in the light \r\nof any changes in wage levels or living costs and shall submit a report thereon \r\ntogether with its recommendations to Government. \r\n(2) Government may, after considering the said report and \r\nrecommendations, by notification, enhance or reduce the wage limits \r\n4\r\n[* * * *] or the \r\nrates of benefits payable under this Ordinance. \r\n72. Employers not to dismiss or punish employee during the period of \r\nsickness, etc .– (1) No employer shall dismiss, discharge or reduce or otherwise \r\n \r\n1Substituted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary), Part I, dated \r\nJune 29, 1994, pp. 223-235, s. 2 read with Schedule, Serial No. 4. \r\n2Substituted for the words “one hundred and twenty rupees per day or three thousand rupees per month” by the Provincial Employees’ \r\nSocial Security (Amendment) Act, 2013 (XXIV of 2013), published in the Punjab Gazette (Extraordinary), dated December 13, 2013, pp. \r\n1793-1795, s. 13. \r\n3Omitted the words brackets and figures “specified in clause (f) of subsection (8) of section 2” by the Provincial Employees’ \r\nSocial Security (Amendment) Act, 2013 (XXIV of 2013), published in the Punjab Gazette (Extraordinary), dated December 13, \r\n2013, pp. 1793-1795, s. 14. \r\n4Ibid. \r\npunish an employee during the period in which the employee is in receipt of sickness \r\nbenefit, maternity benefit, injury benefit or medical care. \r\n(2) No notice of dismissal or discharge or reduction given to an employee \r\nduring the period specified in sub-section (1) shall be valid or operative. \r\n73. Bar on benefits under other laws .– When a person is entitled to any of the \r\nbenefits provided by this Ordinance, he shall not be entitled to any similar benefit \r\nunder any other law. \r\n74. Suit for damages in a Civil Court .– No suit for damages shall be instituted \r\nby secured person against his employer in any Civil Court in respect of employment \r\ninjury covered by this Ordinance. \r\n75. Members and servants of the Institution to be public servants .– The \r\nMembers of the Governing Body and all officers and servants of the Institution shall \r\nbe deemed to be publi c servants within the meaning of the Pakistan Penal Code \r\n(Act XLV of 1860). \r\n76. Removal of difficulties .– (1) If any difficulty arises in giving effect to the \r\nprovisions of Chapters III and V, Government may, by order notified in the Official \r\nGazette, make such provision or give such direction as appears to it to be necessary \r\nfor the removal of the difficulty. \r\n(2) Any order made under sub -section (1) shall have effect \r\nnotwithstanding anything inconsistent therewith in any rules or regulations. \r\n77. Delegation of powers.– The Governing Body may direct that all or any of its \r\npowers and functions may, in relation to such matters and subject to such \r\nconditions, if any, as may be specified, be also exercisable by the Commissioner or \r\nany other officer or authority subordinate to the Institution. \r\n78. Protection of proceedings of the Governing Body .– No act or proceeding \r\nof the Governing Body shall be invalid or questioned merely on the ground of \r\nexistence of any vacancy therein or of any defect in the constitution th ereof or in the \r\nappointment or qualification of any Member. \r\n79. Power to make rules .– (1) Government may, subject to the condition of \r\nprevious publication, by notification, make rules\r\n1\r\n to carry out the purposes of this \r\nOrdinance. \r\n(2) In particular and wit hout prejudice to the generality of the foregoing \r\npower such rules may provide for all or any of the following matters, namely:– \r\n(i) the manner in which names of persons from whom Members of the \r\nGoverning Body may be appointed shall be submitted by organis ations \r\nof employers and employees recognised by Government for that \r\npurpose; \r\n(ii) powers and functions of the Governing Body; \r\n \r\n1The rules titled “the West Pakistan Employees’ Social Security (Financial and Accounting) Rules, 1966” issued by the Labour \r\nDepartment vide Notification No. LAB-III-II-II/SS/GG, dated October 12, 1966, published in the Gazette of West Pakistan, Part I, dated \r\nOctober 28, 1966, p. 1289. \r\n(iii) fees and allowances of the Members of the Governing Body; \r\n(iv) qualifications to be possessed by the Medical Advisor; \r\n(v) times and rates at which and conditions subject to which contributions \r\nand the special tax shall be payable \r\n1\r\n[* * *]; \r\n(vi) percentage or amount by which contributions and special tax in arrears \r\nmay be increased under section 23; \r\n(vii) increase of \r\n2\r\n[*] contri bution under section 26 where employer fails to \r\nobserve rules of safety or hygiene; \r\n(viii) branches of social security and other purposes for which separate \r\naccounts shall be maintained by the Institution; \r\n(ix) times at which, amounts up to which, and the manner in which security \r\nreserves shall be established and maintained; \r\n(x) investment of surplus moneys, realisation of investments and \r\nreinvestment of the proceeds; \r\n(xi) times at which and the manner in which the budget shall be prepared \r\nand submitted to Government; \r\n(xii) form and the manner in which the Institution shall keep accounts of its \r\nincome and expenditure and of its assets and liabilities; \r\n(xiii) times at which and the manner in which the accounts of the Institution \r\nshall be audited by the external auditor; \r\n(xiv) matters which the annual report of the Institution shall cover; \r\n (xv) times within which claims for benefit shall be made; \r\n(xvi) remuneration and conditions of service of officers to be appointed by \r\nGovernment under this Ordinance; \r\n(xvii) any other matter which is required or allowed by this Ordinance to be \r\nprescribed. \r\n80. Power to make regulations .– (1) The Governing Body may, subject to the \r\ncondition of previous publication, by notification, make regulations not inconsistent \r\nwith the provisions of this Ordinance or the rules. \r\n(2) In particular, and without prejudice to the generality of the foregoing \r\npower, such regulations may provide for all or any of the following matters, namely:- \r\n(i) the manner in which medical practitioners shall b e authorised to give \r\ncertificates required under any of the provisions of this Ordinance, the \r\nform of such certificates and the duties of medical practitioners in that \r\nregard; \r\n(ii) occupational diseases which may cause employment injury; \r\n \r\n1Omitted the comma and words “, and the ratio of the employer’s contribution to the employee’s con tribution” by the Labour Laws \r\n(Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), dated April 13, 1972, pp. 485-519, s. \r\n2 read with First Schedule, Serial No. 4. \r\n2Omitted the word “employer’s” by the Ordinance ibid. \r\n(iii) qualifications which a person practising medicine shall possess for \r\nappointment as a medical practitioner under section 17 or to be \r\nauthorised to give certificates under sections 35, 36 and 39 or for \r\nrecognition for any other purpose under this Ordinance; \r\n(iv) times a nd places at which meetings of the Governing Body shall be \r\nheld; \r\n(v) amount of contributions owed to the Institution which shall disqualify a \r\nperson from being or continuing to be a Member of the Governing \r\nBody; \r\n(vi) duties of Medical Advisor in connection with medical care; \r\n(vii) powers, functions, fees and allowances of medical practitioners and \r\nmedical board and the areas for which and the manner in which they \r\nshall be appointed; \r\n(viii) powers of the Governing Body to employ officers and staff for \r\nadministration of the affairs of the Institution; \r\n(ix) method of recruitment, pay and allowances, superannuation benefits \r\nand other conditions of service of officers and servants of the \r\nInstitution; \r\n(x) powers of the Commissioner with regard to appointment, tran sfer, \r\npromotion, dismissal and other matters affecting the staff of the \r\nInstitution; \r\n1\r\n[(xi) * * * * * * * * * ] \r\n(xii) the manner in which daily wages shall be calculated for the purpose of \r\ndetermining the contribution payable; \r\n(xiii) determination of wag es for computation of contributions where the \r\nmode of payment of remuneration, in cash or kind, makes such \r\ncomputation difficult; \r\n(xiv) records to be kept and returns to be submitted by employers, times at \r\nwhich and the form in which such returns are to be submitted, and the \r\nparticulars relating to employees to be stated in such returns; \r\n(xv) form of certificate authorising an official of the Institution to exercise the \r\npowers of inspection under section 22; \r\n(xvi) the manner in which any claim of the Institution for unpaid contributions \r\nmay be extinguished; \r\n (xvii) powers and duties of internal auditor; \r\n(xviii) conditions of entitlement to receive sickness, maternity and injury \r\nbenefit, disablement pension, disablement gratuity, death grant, \r\nsurvivor’s pension and medical care; \r\n(xix) the items of medical care in respect of specified diseases to which a \r\nsecured person shall be entitled; \r\n \r\n1Omitted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 13, 1972, pp.485-519, s. 2 read with First Schedule, Serial No. 4. \r\n(xx) the manner in which medical care shall be provided; \r\n(xxi) arrangements under which beneficiaries shall share the costs of \r\ncertain kinds of medical care and the manner in which such costs shall \r\nbe determined; \r\n(xxii) the form and manner in which claims for benefits shall be preferred, \r\nand the documents, information and evidence which shall accompany \r\nsuch claims; \r\n(xxiii) the manner in which and the times and places at which payment in \r\nrespect of benefits shall be made; \r\n(xxiv) determination, for the purpose of repayment to the Institution, of the \r\nvalue of any benefit received otherwise than in cash; \r\n(xxv) determination of the a ctuarial present value of any periodical payment \r\nfor which the Institution becomes liable by reason of a wrongful act or \r\nomission of the employer or his agent; \r\n(xxvi) the manner in which and the time within which complaints, questions \r\nand disputes shall be decided; \r\n(xxvii) the circumstances and manner in which, on new facts coming to light, \r\nthe Institution may reopen cases and review decisions; \r\n(xxviii) the manner in which supplies for the use of the Institution shall be \r\nobtained and immovable property hire d or acquired, and in which such \r\nsupplies or property shall be sold or otherwise disposed of; and \r\n(xxix) any other matter not provided for in this Ordinance or rules and \r\nnecessary to give effect to the provisions of this Ordinance. \r\n81. Supersession of cer tain laws, etc .– Workmen’s compensation and \r\nmaternity benefit payable under the Workmen’s Compensation Act, 1923 (VIII of \r\n1923), the Employers’ Liability Act, 1938 (XXIV of 1938), the Mines Maternity Benefit \r\nAct, 1941 (XIX of 1941), the West Pakistan Mater nity Benefit Ordinance, 1958 (W. \r\nP. Ord. XXXII of 1958), or under any other law shall not be payable in respect of any \r\nemployment on or after the appointed day in respect of such employment and the \r\nenactments and laws aforesaid shall, in so far as they are inconsistent with the \r\nprovisions of this Ordinance, cease to have effect. \r\n82. Repeal.– The Employees’ Social Insurance Ordinance, 1962 (XXII of 1962), \r\nin its application to the Province of West Pakistan, is hereby repealed.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-3714fbf436027965:sha256:3ca3b5a5e74a43ebc09f4b8573891628868d9ecca73705f04899010be2ceaee9:chars-0-1795:9d9f70c9fb0afa017e286911cf8b9cd26fefc66d1dc0419d7d3d65507ee26dca", "character_start": 0, "character_end": 1795, "utf8_byte_start": 0, "utf8_byte_end": 1805, "passage_sha256": "9d9f70c9fb0afa017e286911cf8b9cd26fefc66d1dc0419d7d3d65507ee26dca", "reader_fragment": "p-0-1795-9d9f70c9fb0afa01" }, { "passage_id": "law:punjab-code-3714fbf436027965:sha256:3ca3b5a5e74a43ebc09f4b8573891628868d9ecca73705f04899010be2ceaee9:chars-1795-3592:f39f6817688f6425e02984edce883f74f619034ee719b1d66c680f5e76698f85", "character_start": 1795, "character_end": 3592, "utf8_byte_start": 1805, "utf8_byte_end": 3610, 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