WORKMENS COMPENSATION ACT 1923
Stored extracted text; legal completeness and current force have not been independently established. Inspect source and version details
Reading view reduces excess blank space and hides page extraction markers. Original text and downloads are retained.
Reading layout follows the stored source. Open the original transcription below to compare wording and extraction details.
Workmen’s Compensation 1923: Act VIII
SCHEDULE I List of injuries deemed to result in permanent total disablement. SCHEDULE II SCHEDULE III List of occupational diseases. SCHEDULE IV Compensation payable in certain cases.
TEXT 1THE WORKMEN'S COMPENSATION ACT, 1923 (VIII of 1923) [10 March 1923] An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident. WHEREAS it is expedient to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident; It is hereby enacted as follows:–
CHAPTER I
Preliminary
Section 1. Short title, extent and commencement
(1) This Act may be called the Workmen‟s Compensation Act, 1923.
(2) 2[It extends to the whole of 3[the Punjab]].
(3) It shall come into force on the first day of July, 1924.
Section 2. Definitions
(1) In this Act, unless there is anything repugnant in the subject or context,–
(a) "adult" and “minor” mean respectively a person who is not and a person who is under the age of fifteen years;
(b) "Commissioner" means a Commissioner for Workmen's Compensation appointed under section 20;
(c) "compensation" means compensation as provided for by this Act; 4[(d) "dependent" means any of the following relatives of a deceased workman, namely:–
(i) a 5[widow], minor legitimate son and unmarried legitimate daughter, or a widowed mother, and
(ii) if wholly or in part dependent on the earnings of the workman at the time of his death, a 6[widower], a parent other than a widowed mother, a minor illegitimate son, an unmarried illegitimate daughter, a daughter legitimate or illegitimate if married and a minor or if widowed, a minor brother, an unmarried or widowed sister, a widowed daughter-
1This Act received the assent of the Governor General on the 5th March, 1923 and published in the Gazette of India, Part-IV, dated March 10, 1923, pp. 33-42.
2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in the Gazette of Pakistan (Extraordinary), dated June 9, 1960, pp. 725-845, s. 3 and Second Schedule.
3Substituted for the word “Pakistan” by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 2.
4Substituted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(i) of s. 2.
5Substituted for the word “wife” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 2.
6Substituted for the word “husband” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (b) of s. 2.
in-law, a minor child of a deceased son, 1[a minor child of a deceased daughter where no parent of the child is alive,] or, where no parent of the workman is alive, a paternal grandparent;]
(e) "employer" includes anybody of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him;
(f) “managing agent” means any person appointed or acting as the representative of another person for the purpose of carrying on such other person‟s trade or business, but does not include an individual manager subordinate to an employer;
(g) "partial disablement" means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time: provided that every injury specified in Schedule I shall be deemed to result in permanent partial disablement;
(h) "prescribed” means prescribed by rules made under this Act; 2[(hh) “Provincial Government” means Government of the Punjab;]
(i) “qualified medical practitioner" means any person registered 3[* * * * * * * * * * * * *] under any Act of 4[the Central Legislature or any Provincial Legislature] providing for the maintenance of a register of medical practitioners, or, in any area where no such last-mentioned Act is in force, any person declared by the Local Government, by notification in the local official Gazette, to be a qualified medical practitioner for the purposes of this Act;
(j) 5[* * * * * * * * * ]
(k) 6[* * * * * * * * * ]
(I) "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement: provided that permanent total disablement shall be deemed to result from the permanent total loss of the sight of both eyes or from any combination of injuries specified in Schedule I where the aggregate percentage of the loss of earning capacity, as specified in that Schedule against those injuries, amounts to one hundred per cent;
1Inserted by the Act, ibid., clause (c) of s. 2.
2Inserted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 3.
3Omitted the words “under the Medical Act, 1858, or any Act amending the same, or” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary), dated July 8, 1981, pp. 345-475, s. 3 and Second Schedule.
4Substituted for the words “any Legislature in British India” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated 25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949,
pp. 223-283, s. 3 (1).
5Omitted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(ii) of s. 2.
6Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (b) of s. 3.
1[(ll) 2[“Tribunal” shall mean the same as in the Punjab Industrial Relations Act, 2010 (XIX of 2010);]]
(m) "wages" includes any privilege or benefit which is capable of being estimated in money, other than a traveling allowance or the value of any traveling concession or a contribution paid by the employer of a workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment;
(n) "workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is–
(i) a railway servant as defined in section 3 of the 3[***] Railways Act, 1890 4, not permanently employed in any administrative, district or sub- divisional office of railway and not employed in any such capacity as is specified in Schedule II, or
(ii) employed, 5[* * * *] 6[* * *] in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of 7[* * *] naval, military or air forces 8[* * *]; and any reference to a workman who has been injured shall, where the workman is dead, include a reference to his dependents or any of them.
(2) The exercise and performance of the powers and duties of a local authority or of any department 9[acting on behalf of the 10[Government]] shall, for the purposes of this Act, unless a contrary intention appears, be deemed to be the trade or business of such authority or department. 11[(3) The 12[Provincial Government], after giving, by notification in the 13[Official
1Inserted by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of Pakistan (Extraordinary), Part I, dated January 25, 1975, pp. 18-20, s. 2 and the Schedule.
2Substituted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (c) s. 3.
3Omitted the word “India” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3. 4IX of 1890. 5Omitted the words “either by way of manual labour or” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(iv) of s. 2. 6Omitted the words “on monthly wages not exceeding three thousand rupees” by the Punjab Workmen‟s Compensation
(Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821- 1822, clause (d) of s. 3. 7Omitted the words “His Majesty‟s” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary), dated July 8, 1981, pp. 345-475, s. 3 and Second Schedule. 8Omitted the words “or of the Royal Indian Marine Service” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
9Substituted for the words “of the Government” by the Order ibid., s. 3 and the Schedule.
10Substituted for the word “Crown” by the Central Laws (Adaptation) Order, 1961 (1 of 1961), published in the Gazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-176, sub-section (2) of s. 2 and Table.
11Substituted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b) of s. 2.
12Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
13Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
Gazette], not less than three months‟ notice of 1[its] intention so to do, may, by all like notification, add to Schedule II any class of persons employed in any occupation which 2[it] is satisfied is a hazardous occupation, and the provisions of this Act shall thereupon apply 3[within the Province] to such classes of persons:
Provided that in making such addition the 4[Provincial Government] may direct that the provisions of this Act shall apply to such classes of persons in respect of specified injuries only.]
CHAPTER II
Workmen‟s compensation
Section 3. Employer's liability for compensation
(1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter:
Provided that the employer shall not be so liable–
(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding 5[ 6[four]] days;
(b) in respect of any 7[injury, not resulting in death, caused by] an accident which is directly attributable to–
(i) the workman having been at the time thereof under the influence .of drink or drugs, or
(ii) the willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or
(iii) the willful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workmen; or
(c) 8[* * * * * * * * * ]
(2) 9[If a workman employed in any employment specified in Part A of Schedule III contracts any disease specified therein as an occupational disease peculiar to that employment], or if a workman, whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months in any employment specified in 10[Part B of] Schedule III, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section and, unless the employer proves the contrary, the accident shall be deemed to have arisen out of and in the course of the employment.
1Substituted for the word “his” by the Order ibid.
2Substituted for the word “he” by the Order ibid.
3Inserted by the Order ibid., s. 3 and the Schedule.
4Substituted for the words “Governor-General in Council” by the Order ibid.
5Substituted for the word “ten” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(i) of s. 3.
6Substituted for the word “four” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, s. 3.
7Substituted for the words “injury to a workman resulting from” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(ii) of s. 3.
8Omitted the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (c) of s. 2.
9Substituted for the words “if a workman -------- anthrax” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 3.
10Inserted by the Act ibid., clause (b) of s. 3.
Explanation.– For the purposes of the sub-section a period of service shall be deemed to be continuous which has not included a period of service under any other employer 1[in the same kind of employment.]
(3) The 2[Provincial Government], after giving, by notification in the 3[Official Gazette], not less than three months‟ notice of 4[its] intention so to do, may, by a like notification, add any description of employment to the employments specified in Schedule III, and shall specify in the case of the employments so added the diseases which 5[within the Province] shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and the provisions of sub-section (2) shall thereupon apply 6[within the Province] as if such diseases had been declared by this Act to be occupational diseases peculiar to those employments.
(4) Save as provided by sub-sections (2) and (3), no compensation shall be payable to a workman in respect of any disease unless the disease is 7[* *] directly attributable to a specific injury by accident arising out of and in the course of his employment.
(5) Nothing herein contained shall be deemed to confer any right to compensation on a workman in respect of any injury if he has instituted in a Civil Court a suit for damages in respect of the injury against the employer or any other person; and to suit for damages shall be maintainable by a workman in any Court of law in respect of any injury–
(a) if he has instituted a claim to compensation in respect of the injury before a Commissioner; or
(b) if an agreement has been come to between the workman and his employer providing for the payment of compensation in respect of the injury in accordance with the provisions of this Act.
Section 4. Amount of Compensation
8[(1) Subject to the provisions of this Act, the amount of compensation shall be as follows, namely:– 9[A. Where death results from injury to a workman – the amount shown in the second column of Schedule IV;
B. Where total disablement of permanent nature results from injury to a workman – the amount shown in the third column of Schedule IV;]
C. Where permanent partial disablement results from the injury–
(i) in the case of an injury specified in Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury, and
(ii) in the case of an injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is
1Added by the Act ibid., clause (c) of s. 3.
2Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
3Substituted for the words “Gazette of India” by the Order ibid., s. 4 and Table of General Adaptations.
4Substituted for the word “his” by the Order ibid.
5Inserted by the Order ibid., s. 3 and the Schedule.
6Ibid. 7Omitted the words “solely and” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b) of s. 3.
8Substituted by the Act ibid., s. 4.
9Substituted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 4.
proportionate to the loss of earning capacity permanently caused by the injury; Explanation.– Where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries;
1[D. Where temporary disablement, whether total or partial, results from injury, a half monthly payment payable on the sixteenth day after the expiry of a waiting period of four days from the date of the disablement, and thereafter, half-monthly during the disablement or during the period of five years, whichever period is shorter – the amount shown in the fourth column of the Schedule IV:
Provided that–
(a) there shall be deducted from any lump sum or half-monthly payments to which the workman is entitled the amount of any payment or allowance which the workman has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half- monthly payment as the case may be except payments made to the worker during the period of his convalescence towards medical treatment and the half- monthly payments made for the first four months of disablement;
(b) no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the workman before the accident exceeds half the amount of such wages which he is earning after the accident; and
(c) the amount of half-monthly payments to which a workman is entitled shall in no case be less than the amount of half-monthly payments to which a workman drawing lesser monthly wages than such workman is entitled.]
(2) On the ceasing of the disablement before the date on which any half-monthly payment falls due, there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement in that half-month. 2[(3) The Provincial Government may, by notification in the official Gazette, revise the amount of compensation specified in Schedule IV.]
Section 5. Method of calculating wages
3[ 4[*]] 5[In this Act and for the purposes thereof the expression "monthly wages" means the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates), and calculated] as follows, namely:–
(a) where the workman has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the workman shall be one-twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period;
1Inserted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (c) of s. 4.
2Ibid. 3Re-numbered as “(1)” by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, sub-section (1) of s. 3. 4Omitted the brackets and figure “(1)” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, s. 3.
5Substituted for the words “For the purpose of this Act the monthly wages of workman shall be calculated” by the Workmen‟s Compensation (Amendment) Act, 1939 (XIII of 1939), published in the Government Gazette, Punjab, dated April 14, 1939, pp.
72-73, clause (a) of s. 2.
1[(b) where the whole of the continuous period of service immediately preceding the accident during which the workman was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the workman shall be 2[* * * *] the average monthly amount which, during the twelve months immediately preceding the accident was being earned by a workman employed on the same work by the same employer, or, if there was no workman so employed, by a workman employed on similar work in the same locality;] 3[(c)] in other cases, the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period:
4[* * * * * * * * * ] Explanation.– A period of service shall, for the purposes of 5[this 6[section]] be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days. 7[(2) 8[* * * * * * * * * ]]
Section 6. Review
(1) Any half-monthly payment payable under this Act, either under an agreement between the parties or under the order of a Commissioner, may be reviewed by the Commissioner on the application either of the employer or of the workman accompanied by the certificate of a qualified medical practitioner that there has been change in the condition of the workman or, subject to rules made under this Act, on application made without such certificate.
(2) Any half-monthly payment may, or review under this section, subject to the provisions of this Act, be continued, increased, decreased, or ended, or if the accident is found to have resulted in permanent disablement, be converted to the lump sum to which the workman is entitled less any amount which he has already received by way of half-monthly payments.
Section 7. Commutation of half-monthly payments
Any right to receive half-monthly payments may, by agreement between the parties or, if the parties cannot agree and the payments have been continued for not less than six-months, on the application of either party to the Commissioner be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the Commissioner, as the case may be.
Section 8. Distribution of compensation
9[(1) No payment of compensation in respect of a
1Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(ii) of s. 5.
2Omitted the words “deemed to be” by the Workmen‟s Compensation (Amendment) Act, 1939 (XIII of 1939), published in the Government Gazette, Punjab, dated April 14, 1939, pp. 72-73, clause (b) of s. 2. 3Re-lettered by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(iii) of s. 5. 4Omitted the proviso by the Act ibid., clause (a)(iv) of s. 5.
5Substituted for the words “this section” by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, sub-section (1) of s. 3.
6Substituted for the word “sub-section” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, s. 3.
7Inserted by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, sub-section (2) of s. 3.
8Omitted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b) of s. 5.
9Substituted for sub-sections (1) to (3) by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (a) of s. 4.
workman whose injury has resulted in death, and no payment of lump sum as compensation to a woman or a person under legal disability, shall be made otherwise than by deposit with the Commissioner, and no such payment made directly by an employer shall be deemed to be a payment of compensation:
1[Provided that, in the case of a deceased workman, an employer may make to any dependent advances on account of compensation not exceeding 2[ten percent of the amount of] the compensation payable to that dependent shall be deducted by the Commissioner from such compensation and repaid to the employer.]
(2) Any other sum amounting to not less than 3[four thousand] rupees which is payable as compensation may be deposited with the Commissioner on behalf of the person entitled thereto.
(3) The receipt of the Commissioner shall be a sufficient discharge in respect of any compensation deposited with him.]
(4) On the deposit of any money under sub-section (1) 4[as compensation in respect of a deceased workman], the Commissioner 5[shall deduct] there from the actual cost of the workman's funeral expenses, to an amount not exceeding 6[ 7[five thousand] rupees] and pay the same to the person by whom such expenses were incurred, and shall, if he thinks necessary, cause notice to be published or to be served on each dependent in such manner as he thinks fit, calling upon the dependents to appear before him on such date as he may fix for determining the distribution of the compensation. If the Commissioner is satisfied after any inquiry which he may deem necessary, that no dependent exists, he shall 8[not less than two years after the date of deposit, transfer the balance of the money to such fund or funds for the benefit of workmen as the Provincial Government may by notification in the official Gazette specify or establish]. The Commissioner shall, on application by the employer, furnish a statement showing in detail all disbursements made. 9[(5) Compensation deposited in respect of a deceased workman shall, subject to any deduction made 10[under the proviso to sub-section (1) or] under sub-section (4), be apportioned among the dependents of the deceased workman or any of them in such proportion as the Commissioner thinks fit, or may, in the discretion of the Commissioner be allotted to any one dependent.
(6) Where any compensation deposited with the Commissioner is payable to any person, the Commissioner shall, if the person to whom the compensation is payable is not a
1Substituted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a) of s. 6.
2Substituted for the words “an aggregate of one hundred rupees, and so much of such aggregate as does not exceed” by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 5.
3Substituted for the word “ten” by the Act ibid., clause (b) of s. 5.
4Inserted by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (b) of s. 4.
5Substituted for the words “may deduct” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b)(i) of s. 6.
6Substituted for the words “fifty rupees or so much of that cost or of fifty rupees, whichever is less, as has not already been advanced by the employer on account of such expenses” by the Act ibid., clause (b)(ii) of s. 6.
7Substituted for the words “twenty-five” by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (c) of s. 5.
8Substituted for the words “repay the balance of the money to the employer by whom it was paid” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (1) of s. 5.
9Substituted for sub-section (5) by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (c) of s. 4.
10Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (2) of s. 5.
woman or a person under a legal disability, and may, in other cases, pay the money to the person entitled thereto.
(7) Where any lump sum deposited with the Commissioner is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the Commissioner may direct; and where a half-monthly payment is payable to any person under a legal disability, the Commissioner may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependent of the workman or to any other person whom the Commissioner thinks best fitted to provide for the welfare of the workman.] 1[(8)] Where, on application made to him in this behalf or otherwise, the Commissioner is satisfied that, on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependent or for any other sufficient cause, an order of the Commissioner as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependent is to be invested, applied or otherwise dealt with, ought to be varied, the Commissioner may made such orders for the variation of the former order as he thinks just in the circumstances of the case:
Provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependent of any sum already paid to him. 2[(9) Where the Commissioner varies any order under sub-section (8) by reason of the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner hereinafter provided in section 31.]
Section 9. Compensation not to be assigned, attached or charged
Save as provided by this Act, no lump sum or half-monthly payment payable under this Act shall in any way be capable of being assigned or charged or be liable to attachment or pass to any person other than the workman by operation of law, nor shall any claim be set off against the same.
Section 10. Notice and claim
(1) 3[No claim for compensation shall be entertained by a Commissioner unless notice of the accident has been given in the manner hereinafter
provided as soon as practicable after the happening thereof and unless the claim is preferred before him within 4[three years] of the occurrence of the accident or, in case of death, within 5[three years] from the date of death]:
Provided that, where the accident is the contracting of a disease in respect of which the provisions of sub-section (2) of section 3 are applicable, the accident shall be deemed to have occurred on the first of the days during which the workman was continuously absent from work in consequence of the disablement caused by the disease: 6[Provided further that the want of or any defect or irregularity in a notice shall not be
1Re-numbered by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (d) of s. 4.
2Inserted by the Act ibid.
3Substituted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a)(1) of s.5.
4Substituted for the words “one year” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, s. 4.
5Ibid.
6Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a) of s. 7.
a bar to the 1[entertainment of a claim]–
(a) if the claim is 2[preferred] in respect of the death of a workman resulting from an accident which occurred on the premises of the employer, or at any place where the workman at the time of the accident was working under the control of the employer or of any person employed by him, and the workman died on such premises or at, such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or
(b) if the employer 3[or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed] had knowledge of the accident from any other source at or about the time when it occurred:]
Provided further, that the Commissioner may 4[entertain] and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been 5[preferred], in due time as provided in this sub-section, if he is satisfied that the failure so to give the notice or 6[prefer] the claim, as the case may be, was due to sufficient cause.
(2) Every such notice shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date on which the accident happened and shall be served on the employer or upon 7[any one of] several employers, or, upon any person 8[*] responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed. 9[(3) The 10[Provincial Government] may require that any prescribed class of employers shall maintain at their premises at which workmen are employed a notice book, in the prescribed form, which shall be readily accessible at all reasonable times to any injured workman employed on the premises and to any person acting bona fide on his behalf.
(4) A notice under this section may be served by delivering it at, or sending it by registered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or, where a notice book is maintained, by entry in the notice book.]
[11] Section 10A. Power to require from employers statements regarding fatal accidents
(1) Where a Commissioner receives information from any source that a workman has died as a result of an accident arising out of and in the course of his employment, he may send by registered post a notice to the workmen's employer requiring him to submit, within thirty days
1Substituted for the words “maintenance of proceedings” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a)(2)(i) of s. 5.
2Substituted for the word “made” by the Act ibid., clause (a)(2)(ii) of s. 5.
3Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a)(2)(iii)) of s.5.
4Substituted for the word “admit” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a)(3) of s. 5.
5Substituted for the word “instituted” by the Act ibid.
6Substituted for the word “institute” by the Act ibid., clause (a)(3) of s. 3.
7Substituted for the words “any one or” by the Repealing and Amending Act, 1924 (VII of 1924), published in the Gazette of India, Part-IV, dated March 22, 1924, pp. 71-72, s. 2 and the First Schedule.
8Omitted the word „directly‟ by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (b) of s. 5.
9Substituted for sub-section (3) by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b) of s. 7.
10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
11Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 8.
of the service of the notice, a statement, in the prescribed form, giving the circumstances attending the death of the workman, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death.
(2) If the employer is of opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice.
(3) If the employer is of opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability.
(4) Where the employer has so disclaimed liability, the Commissioner, after such inquiry as he may think fit, may inform any of the dependents of the deceased workman that it is open to the dependents to prefer a claim for compensation, and may give them such other further information as he may think fit.
Section 10B. Reports of fatal accident
(1) Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death, the person required to give the notice shall, within seven days of the death, send a report to the Commissioner giving the circumstances attending the death:
Provided that where the 1[Provincial Government] has so prescribed the person required to give the notice may instead of sending such report to the Commissioner send it to the authority to whom he is required to give the notice.
(2) The 2[Provincial Government] may, by notification in the 3[Official Gazette], extend the provisions of sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and may, by such notification, specify the persons who shall send the report to the Commissioner.]
[4] Section 10C. Officers authorized may refer cases for payment of compensation
A Labour Commissioner, an Inspector of Factories or any other officer authorized by the Provincial Government for this purpose may refer, in the prescribed manner, to the Commissioner cases of workmen who have not been paid due compensation by employers under the provisions of this Act.
Section 10D. Fixation of abstracts of the Act or rules at the entrance of the premises
There shall be affixed in some conspicuous place near the main entrance of every place where workmen are employed, in English and in the language of the majority of the workmen, such abstracts of this Act and of the rules made thereunder as may be prescribed.]
Section 11. Medical examination
5[(1) Where a workman has given notice of an accident, the employer shall, before the expiry of three days from the time at which service of the notice has been effected, have the workman examined free of charge by a qualified medical practitioner, and the workman shall submit himself for such examination, and any workman who is in receipt of a half-monthly payment under this Act, shall if so required, submit himself for such examination from time to time:
Provided that a workman not examined free of charge as aforesaid may get himself examined by a qualified medical practitioner and the expenses of such medical examination
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
2Substituted for the words “local official Gazette” by the Act ibid.
3Substituted for the words “Local Government” by the Act ibid.
4Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, s. 6.
5Substituted by the Act ibid., s. 7.
shall be reimbursed to the workman by the employer:
Provided further that a workman shall not be required to submit himself for examination by a medical practitioner otherwise than in accordance with rules made under this Act, or at more frequent intervals than may be prescribed.]
(2) If a workman, on being required to do so by the employer under sub-section
(1) or by the Commissioner at any time, refuses to submit himself for examination by a qualified medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during continuance of such refusal or obstruction unless, in the case of refusal, he was prevented by any sufficient cause from so submitting himself.
(3) If a workman, before the expiry of the period within which he is liable under sub-section (1) to be required to submit himself for medical examination, voluntarily leaves without having been so examined the vicinity of the place in which he was employed, his right to compensation shall be suspended until he returns and offers himself for such examination.
(4) Where a workman, whose right to compensation has been suspended under sub-section (2) or sub-section (3), dies without having submitted himself for medical examination as required by either of those sub-sections, the Commissioner may, if he thinks fit, direct the payment of compensation to the dependents of the deceased workman.
(5) Where under sub-section (2) or sub-section (3) a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause D of sub-section (1) of section 4, the waiting period shall be increased by the period during which the suspension continues.
(6) Where an injured workman has refused to be attended by a qualified medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner, then, 1[if it is proved that the workman has not thereafter been regularly attended by a qualified medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was unreasonable] in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the workman had been regularly attended by a qualified medical practitioner 2[whose instructions he had followed], and compensation, if any, shall be payable accordingly.
Section 12. Contracting
(1) Where any person (hereinafter in this section referred to as the principal) in the course of or for the purposes of his trade or business contracts with any other person (hereinafter in the section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal, this Act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by whom he is immediately employed.
(2) Where the principal is liable to pay compensation under this section, he shall
1Substituted for the words “if it is thereafter ……. unreasonable” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 6.
2Inserted by the Act ibid., clause (b) of s. 6.
be entitled to be indemnified by the contractor 1[, or any other person from whom the workman could have recovered compensation and where a contractor who is himself a principal is liable to pay compensation or to indemnify a principal under this section he shall be entitled to be indemnified by any person standing to him in the relation of a contractor from whom the workman could have recovered compensation] and all questions as to the right to and the amount of any such indemnity shall, in default or agreement, be settled by the Commissioner.
(3) Nothing in this section shall be construed as preventing a workman from recovering compensation from the contractor instead of the principal.
(4) This section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the principal has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management.
Section 13. Remedies of employer against stranger
Where a workman has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof, the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages as aforesaid.
Section 14. Insolvency of employer
(1) Where any employer has entered into a contract with any insurers in respect of any liability under this Act to any workman, then in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in any law for the time being in force relating to insolvency or the winding up of companies, be transferred to and vest in the workman, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurers shall not be under any greater liability to the workman than they would have been under to the employer.
(2) If the liability of the insurers to the workman is less than the liability of the employer to the workman, the workman may prove for the balance in the insolvency proceedings or liquidation.
(3) Where in any case such as is referred to in sub-section (1) the contract of the employer with the insurers is void or voidable by reason of non-compliance on the part of the employer with any terms or conditions of the contract (other than a stipulation for the payment of premia), the provisions of that sub-section shall apply as if the contract were not void or voidable, and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the workman:
Provided that the provisions of this sub-section shall not apply in any case in which the workman fails to give notice to the insurers of the happening of the accident and of any resulting disablement as soon as practicable after he becomes aware of the institution of the insolvency or liquidation proceedings.
(4) There shall be deemed to be included among the debts which under section 49 of the 2[Insolvency (Karachi Division) Act 3], 1909, or under section 61 of the Provincial
1Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 9.
2Substituted for the words “Insolvency (Karachi Division and Dacca) Act” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary), dated, July 8, 1981, pp. 345-475, s. 3 and Second Schedule.
3III of 1909.
Insolvency Act, 1920 1, or under section 230 of the 2[*] Companies Act, 1913 (VII of 1913), are in the distribution of the property of an insolvent or in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount due in respect of any compensation the liability wherefor accrued before the date of the order of adjudication of the insolvent or the date of the commencement of the winding up, as the case may be, and those Acts shall have effect accordingly.
(5) Where the compensation is a half-monthly payment, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum for which the half-monthly payment could, if redeemable, be redeemed if application were made for that purpose under section 7, and a certificate of the Commissioner as to the amount of such sum shall be conclusive proof thereof.
(6) The provisions of sub-section (4) shall apply in the case of any amount for which an insurer is entitled to prove under sub-section (3), but otherwise those provisions shall not apply where the insolvent or the company being wound up has entered into such a contract with insurers as is referred to in sub-section (1).
(7) This section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company.
Section 15. [Omitted] THE WORKMEN'S COMPENSATION ACT,
3[ * * * * * * * * * ]
Section 16. Returns as to compensation
The 4[Provincial Government] may, by notification in the Gazette of India, direct that every person employing workmen, or that any specified class of such persons, shall send at such time and in such form and to such authority, as may be specified in the notification, a correct return specifying the number of injuries in respect of which compensation has been paid by the employer during the previous year and the amount of such compensation, together with such other particulars as to the compensation as the 5[Provincial Government] may direct.
Section 17. Contracting out
Any contract or agreement whether made before or after the commencement of this Act, whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment, shall be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under this Act.
Section 18. Proof of age
Where any question arises as to the age of a person injured by accident arising out of and in the course of his employment in a factory, 6[a valid certificate granted in respect of such person under section 12 or section 52 of the Factories Act, 1934 7], before the occurrence of the injury shall be conclusive proof of the age of such person.
[8] Section 18A. Penalties
(1) Whoever,–
1V of 1920. 2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated 25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1).
3Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 6.
4Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
5Substituted for the words “the Governor-General in Council” by the Order ibid.
6Substituted for the words “a certificate granted in respect of such person under s. 8 or s. 9 of the Indian Factories Act, 1911” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, s. 18.
7XXV of 1934.
8Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 11.
(a) fails to maintain a notice-book which he is required to maintain under sub- section (3) of section 10, or
(b) fails to send to the Commissioner a statement which he is required to send under sub-section (1) of section 10A, or
(c) fails to send a report which he is required to send under section 10B, or
(d) fails to make a return which he is required to make under section 16, 1[or
(e) fails to affix the abstracts of this Act and of the rules as required by section 10D].shall be punishable with fine which may extend to 2[five thousand rupees but not less than one thousand rupees.] 3[(1A) 4[* * * * * * * * * ]]
(2) No prosecution under this section shall be instituted except by or with the previous sanction of a Commissioner, and no Court shall take cognizance of any offence under this section, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed.]
CHAPTER III
Commissioners
Section 19. Reference to Commissioners
(1) If any question arises in any proceedings under this Act as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not a workman) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement), the question shall, in default of agreement, be settled by 5[a Commissioner].
(2) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by a Commissioner or to enforce any liability incurred under this Act.
Section 20. Appointment of Commissioners
(1) The 6[Provincial Government] may, by notification in the 7[Official Gazette], appoint any person to be a Commissioner for Workmen's Compensation for such local area as may be specified in the notification. 8[(2) Where more than one Commissioner has been appointed for any local area, the 9[Provincial Government] may, by general or special order, regulate the distribution of business between them.]
1Added by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, s. 8.
2Substituted for the words “one hundred rupees” by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 7.
3Inserted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), dated April 13, 1972, pp. 485-519, s. 2 and First Schedule.
4Omitted by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, s. 5.
5Substituted for the words “the Commissioner” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 12.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
7Substituted for the words “local official Gazette” by the Order ibid.
8Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a) of s. 13.
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
1[(3)] Any Commissioner may, for the purpose of deciding any matter referred to him for decision under this Act, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry. 2[(4)] Every Commissioner shall be deemed to be a public servant within the meaning of the 3[Pakistan] Penal Code
4.
Section 21. Venue of proceedings and transfer
(1) Where any matter is under this Act to be done by or before a Commissioner, the same shall, subject to the provisions of this Act and to any rules made hereunder, be done by or before 5[a Commissioner] for the local area in which the accident took place which resulted in the injury:
Provided that, where the workman is the master of a 6[*] ship or a seaman, any such matter may be done by or before 7[a Commissioner] for the local area in which the owner or agent of the ship resides or carries on business.
(2) If a Commissioner is satisfied 8[that any matter arising out of any proceedings pending before him] can be more conveniently dealt with by any other Commissioner, whether in the same province or not, he may subject to rules made under this Act, order such matter to be transferred to such other Commissioner either for report or for disposal, and, if he does so, shall forthwith transmit to such other Commissioner all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the prescribed manner any money remaining in his hands or invested by him for the benefit of any party to the proceedings: 9[Provided that the Commissioner shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard:]
Provided 10[further] that no matter other than a matter relating to the actual payment a workman or the distribution among the dependants of a lump sum shall be transferred for disposal under this sub-section to a Commissioner in the same province save with the previous sanction of the 11[Provincial Government] or to a Commissioner in another province save with the previous sanction of 12[the Provincial Government of that Province], unless all the parties to the proceedings agree to the transfer.
(3) The Commissioner to whom any matter is so transferred shall, subject to rules made under this Act, inquire there into and, if the matter was transferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him.
1Renumbered by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b) of s. 13.
2Ibid.
3Substituted for the word “India” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated 25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1).
4XLV of 1860.
5Substituted for the words “the Commissioner” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a) of s. 14.
6Omitted the word “registered” by the Act ibid.
7Substituted for the words “the Commissioner” by the Act ibid.
8Substituted for the words “by any party to any proceedings pending before him that such matter” by the Workmen‟s Compensation
(Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause
(a) of s. 9.
9Inserted by the Act ibid., clause (b) of s. 9.
10Ibid.
11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
12Substituted for the words “the Governor-General in Council” by the Order ibid., s. 3 and the Schedule.
(4) On receipt of a report from a Commissioner to whom any matter has been transferred for report under sub-section (2), the Commissioner by whom it was referred shall decide the matter referred in conformity with such report. 1[(5) The 2[Provincial Government] may transfer any matter from any Commissioner appointed by it to any other Commissioner appointed by it.]
Section 22. Form of application
(1) No application for the settlement of any matter by a Commissioner 3[, other than an application by a dependent or dependents for compensation] shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement.
(2) 4[An application to a Commissioner] may be made in such form and shall be accompanied by such fee, if any, as may be prescribed, and shall contain, in addition to any particulars which may be prescribed, the following particulars, namely:–
(a) a concise statement of the circumstances in which the application is made and the relief or order which the applicant claims;
(b) in the case of a claim for compensation against an employer, the date of service of notice of the accident on the employer and, if such notice has not been served or has not been served in due time, the reason for such omission;
(c) the names and addresses of the parties; and
(d) 5[except in the case of an application by dependents for compensation,] a concise statement of the matters on which agreement has and 6[of] those on which agreement has not been come to.
(3) If the applicant is illiterate or for any other reason is unable to furnish the required information in writing, the application shall, if the applicant so desires, be prepared under the direction of the Commissioner.
[7] Section 22A. Power of Commissioner to require further deposit in cases of fatal accident
(1) Where any sum has been deposited by an employer as compensation payable in respect of a workman whose injury has resulted in death, and in the opinion of the Commissioner such sum is insufficient, the Commissioner may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the notice.
(2) If the employer fails to show cause to the satisfaction of the Commissioner, the Commissioner may make an award determining the total amount payable, and requiring the employer to deposit the deficiency].
Section 23. Powers and procedure of Commissioners
The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 8, for the purpose of taking
1Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b) of s. 14.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
3Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a) of s. 15.
4Substituted for the words “Where any such question has arisen, the application” by the Act ibid., clause (b)(i) of s. 15.
5Inserted by the Act ibid., clause (b)(ii) of s. 15.
6Substituted for the word “on” by the Repealing and Amending Act, 1925 (XXXVII of 1925), published in the Gazette of India, Part-IV, dated October 3, 1925, p. 67, s. 2 and First Schedule.
7Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 16.
8V of 1908.
evidence on oath (which such commissioner is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects 1[and the Commissioner shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXXV of the Code of Criminal Procedure, 1898. 2]
Section 24. Appearance of parties
Any appearance, application or act required to be made or done by any person before or to a Commissioner (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of such person by a legal practitioner or 3[by an official of an Insurance Company or registered Trade Union authorized in writing by such person or, with the permission of the Commissioner, by any other person so authorized.]
Section 25. Method of recording evidence
The Commissioner shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be written and signed by the Commissioner with his own hand and shall form part of the record:
Provided that if the Commissioner is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record:
Provided further that the evidence of any medical witness shall be taken down as nearly as may be word for word.
Section 26. Costs
All costs incidental to any proceedings before a Commissioner, shall, subject to rules made under this Act, be in the discretion of the Commissioner.
Section 27. Power to submit cases
A Commissioner may, if he thinks fit, submit any question of law for the decision of the 4[Tribunal] and, if he does so, shall decide the question in conformity with such decision.
Section 28. Registration of agreements
(1) Where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half- monthly payment or otherwise, or where any compensation has been so settled as being payable 5[to a woman or a person under a legal disability] 6[* * *], a memorandum thereof shall be sent by the employer to the Commissioner, who shall, on being satisfied as to its genuineness, record the memorandum in a register in the prescribed manner:
Provided that,–
(a) no such memorandum shall be recorded before seven days after communication by the Commissioner of notice to the parties concerned;
(b) 7[* * * * * * * * * ]
1Added by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, s. 5.
2V of 1898.
3Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, s. 10.
4Substituted for the words “High Court” by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of Pakistan (Extraordinary), Part I, dated January 25, 1975, pp. 18-20, s. 2 and the Schedule.
5Substituted for the words “to a person under a legal disability” by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (a) of s. 6.
6Omitted the words “or to a dependent” by the Repealing and Amending Act, 1924 (VII of 1924), published in the Gazette of India, Part-IV, dated March 22, 1924, pp. 71-72, s. 2 and the Second Schedule.
7Omitted by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (b) of s. 6.
(c) the Commissioner may at any time rectify the register;
(d) where it appears to the Commissioner that an agreement as to the payment of a lump sum whether by way of redemption of a half-monthly payment or an agreement as to the amount of compensation payable 1[to a woman or a person under a legal disability] 2[* * * ], ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, he may refuse to record the memorandum of the agreement 3[and may make such order], including an order as to any sum already paid under the agreement, as he thinks just in the circumstances.
(2) An agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this Act notwithstanding anything contained in the 4[*] Contract Act, 1872 5, or in any other law for the time being in force.
Section 29. Effect of failure to register agreement
Where a memorandum of any agreement, the registration of which is required by section 28, is not sent to the Commissioner as required by that section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this Act, and notwithstanding anything contained in the proviso to sub-section (1) of section 4, shall not, unless the Commissioner otherwise directs, be entitled to deduct more than half of any amount paid to the workman by way of compensation whether under the agreement or otherwise.
Section 30. Appeals
(1) An appeal shall lie to the 6[Tribunal] from the following orders of a Commissioner, namely:–
(a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;
(b) an order refusing to allow redemption of a half-monthly payment;
(c) an order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claim of a person alleging himself to be such dependant;
(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12; or
(e) an order refusing to register a memorandum of agreement or registering the same of providing for the registration of the same subject to conditions:
Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and, in the case of an order other than an order such as is referred to in clause (b), unless the amount in dispute in the appeal is not less than 7[five thousand] rupees:
1Substituted for the words “to a person under a legal disability” by the Act ibid., clause (a) of s. 6.
2Omitted the words “or to any dependent” by the Repealing and Amending Act, 1924 (VII of 1924), published in the Gazette of India, Part-IV, dated March 22, 1924, pp. 71-72, s. 2 and the Second Schedule.
3Substituted for the words “or may make such order” by the Act ibid., s. 2 and the First Schedule.
4Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated 25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1). 5IX of 1872.
6Substituted for the words “High Court” by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of Pakistan (Extraordinary), Part I, dated January 25, 1975, pp. 18-20, s. 2 and the Schedule.
7Substituted for the words ”three hundred” by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 8.
Provided, further, that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement come to by the parties: 1[Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against.]
(2) The period of limitation for an appeal under this section shall be sixty days.
(3) The provisions of section 5 of the 2[*] Limitation Act 3, 1908 shall be applicable to appeals under this section. 4[(4) 5[* * * * * * * * * ]]
[6] Section 30A. Withholding of certain payments pending decision of appeal
Where an employer makes an appeal under clause (a) of sub-section (1) of section 30, the Commissioner may, and if so directed by the 7[Tribunal] shall pending the decision of the appeal, withhold payment of any sum in deposit with him.]
Section 31. Recovery
8[(1)] The Commissioner, may recover as an arrear of land-revenue any amount payable by any person under this Act, whether, under an agreement for the payment of compensation or otherwise and the Commissioner shall be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890
9. 10[(2) Without prejudice to the provisions of sub-section (1), the Commissioner may recover in the prescribed manner any amount referred to therein by distress and sale of the movable property belonging to the person by whom the amount is payable, or by attachment and sale of the immovable property belonging to such person.]
CHAPTER IV
Rules
Section 32. Power of the Governor General in Council to make rules
(1) The 11[Provincial Government] may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–
1Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 17.
2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated 25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1). 3IX of 1908.
4Inserted by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of Pakistan (Extraordinary), Part I, dated January 25, 1975, pp. 18-20, s. 2 and the Schedule.
5Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (b) of s. 8.
6Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 18.
7Substituted for the words “High Court” by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of Pakistan (Extraordinary), Part I, dated January 25, 1975, pp. 18-20, s. 2 and the Schedule.
8Re-numbered by the Labour Laws (Amendment) Act, 1976 (XI of 1976), published in the Gazette of Pakistan (Extraordinary), dated April 16, 1976, pp. 201-475, s. 2 and the Schedule. 9I of 1890.
10Added by the Labour Laws (Amendment) Act, 1976 (XI of 1976), published in the Gazette of Pakistan (Extraordinary), dated April 16, 1976, pp. 201-475, s. 2 and the Schedule.
11Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
(a) for prescribing the intervals at which and the conditions subject to which and application for review may be made under section 6 when not accompanied by a medical certificate;
(b) for prescribing the intervals at which and the conditions subject to which a workman may be required to submit himself for medical examination under sub-section (1) of section 11;
(c) for prescribing the procedure to be followed by Commissioners in the disposal of cases under this Act and by the parties in such cases;
(d) for regulating the transfer of matters and cases from one Commissioner to another and the transfer of money in such cases;
(e) for prescribing the manner in which money in the hands of a Commissioner may be invested for the benefit of dependants of a deceased workman and for the transfer of money so invested from one Commissioner to another; 1[(ee) for prescribing the manner in which any balance of money may under sub- section (4) of section 8 be transferred to a fund or funds for the benefit of workmen and for the establishment and administration of such fund or funds;]
(f) for the representation in proceedings before Commissioners of parties who are minors or are unable to make an appearance;
(g) for prescribing the form and manner in which memoranda of agreements shall be presented and registered;
(h) for the withholding by Commissioners, whether in whole or in part of half- monthly payments pending decision on applications for review of the same; 2[*] 3[(i) for regulating the scales of costs which may be allowed in proceedings under this Act;
(j) for prescribing and determining the amount of the fees payable in respect of any proceedings before a Commissioner under this Act;
(k) for the maintenance by Commissioners of registers and records of proceedings before them;
(l) for prescribing the classes of employers who shall maintain notice-book under sub-section (3) of section 10, and form of such notice-books;
(m) for prescribing the form of statement to be submitted by employers under section 10A;
4[ 5[*]]
(n) for prescribing the cases in which the report referred in to section 10B may be sent to any authority other than the Commissioner] 6[ 7[; and]]
1Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (1) of s. 9.
2Omitted the word “and” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
3Inserted by the Order ibid.
4Ibid. 5Omitted the word “and” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (2) of s. 9. 6Omitted the word “and” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule. 7Added the semi-colon and the word “and” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (3) of s. 9.
1[(o) for prescribing the abstracts of this Act and of the rules required by section 10D.]
Section 33. [Omitted]
2[ * * * * * * * * * ]
Section 34. Publication of rules
(1) The power to make rules conferred by 3[section 32] shall be subject to the condition of the rules being made after previous publication.
(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 4, as that after which a draft of rules proposed to be made under section 32 5[* * *] will be taken into consideration, shall not be less than three months from the date on which the draft of the purposed rules was published for general information.
(3) Rules so made shall be published in 6[* *] the 7[Official Gazette], 8[* * *], and, on such publication, shall have effect as if enacted in this Act.
[9] Section 35. [Omitted]
10[ * * * * * * * * * ]
1Added by the Act ibid., clause (4) of s. 9.
2Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
3Substituted for the words and figures “sections 32 and 33” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
4X of 1897. 5Omitted the words and figure “or section 33” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule. 6Omitted the words “the Gazette of India or” by the Order ibid.
7Substituted for the words “local official Gazette” by the Order ibid., s. 4 and Table of General Adaptations.
8Omitted the words “as the case may be” by the Order ibid., s. 3 and the Schedule.
9Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 20.
10Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 9.
1
[SCHEDULE I
[See 2[sections 2(1) and 4]] LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT Sl.No. Description of injuries Percentage of loss of earning capacity
1. Loss of both hands or amputation at higher sites 100
2. Loss of a hand and a foot 100
3. Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot
100
4. Loss of sight to such an extent as to render the claimant unable to perform any work for which eye-sight is essential 100
5. Very severe facial disfigurement 100
6. Absolute deafness 100 LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT Amputation cases– Upper limbs (either arm)
1. Amputation through shoulder joint 90
2. Amputation below shoulder with stump less than 8" from tip of acromion 80
3. Amputation from 8" from tip of acromion to less than 4-1/2" below tip of olecranon 70
4. Loss of a hand or of the thumb and four fingers of one hand or amputation from 4-1/2" below tip of olecranon 60
5. Loss of thumb 30
6. Loss of thumb and its metacarpal bone 40
7. Loss of four fingers of one hand 50
8. Loss of three fingers of one hand 30
9. Loss of two fingers of one hand 20
10. Loss of terminal phalanx of thumb 20 Amputation cases-Lower limbs
11. Amputation of both feet resulting in end-bearing stumps 90
12. Amputation through both feet proximal to the metatarso-phalangeal joint 80
13. Loss of all toes of both feet through the metatarso-phalangeal joint 40
14. Loss of all toes of both feet proximal to the proximal inter- phalangeal joint 30
1Substituted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), dated April 13, 1972, pp. 485-519, s. 2 and the Second Schedule.
2Substituted for the word, brackets and figures “section 2(1) and (4)” by the Act ibid., s. 2 and the Schedule.
15. Loss of all toes of both feet distal to the proximal inter-phalangeal joint 20
16. Amputation at hip 90
17. Amputation below hip with stump not exceeding 5" in length measures from tip of great trochanter 80
18. Amputation below hip with stump exceeding 5" in length measured from tip of great trochanter but not beyond middle thigh 70
19. Amputation below middle thigh to 3-I/2" below knee 60
20. Amputation below knee with stump exceeding 3-1/2" but not exceeding 5" 50
21. Amputation below knee with stump exceeding 5" 40
22. Amputation of one foot resulting in end-bearing 30
23. Amputation through one foot proximal to the metatarso-phalangeal joint 30
24. Loss of all toes of one foot through the metatarso-phalangeal joint 20 Other injuries
25. Loss of one eye, without complications, the other being normal 40
26. Loss of vision of one eye without complication or disfigurement of eyeball, the other being normal 30 Fingers of right/left hand index finger
27. Whole 14
28. Two phalanges 11
29. One phalanx 9
30. Guillotine amputation of tip without loss of bone. 5 Middle finger
31. Whole 12
32. Two phalanges 9
33. One phalanx 7
34. Guillotine amputation of tip without loss of bone 4 Ring or little finger
35. Whole 7
36. Two phalanges 6
37. One phalanx 5
38. Guillotine amputation of tip without loss of bone 2 Toes of right or left foot great toe
39. Through metatarso-phalangeal joint. 14
40. Part, with some loss of bone 3 Any other toe
41. Through metatarso-phalangeal joint 3
42. Part, with some loss of bone 1 Two toes of one foot, excluding great toe
43. Through metatarso-phalangeal joint 5
44. Part, with some loss of bone 2 Three toes of one foot, excluding great toe
45. Through metatarso-phalangeal joint 6
46. Part, with some loss of bone 3 Four toes of one foot, excluding great toe
47. Through metatarso-phalangeal joint 9
48. Part, with some loss of bone 3]
SCHEDULE II
[See section 2 (1) (n)] List of persons who, subject to the provisions of section 2 (1) (n), are included in the definition of workman. The following persons are workmen within the meaning of section 2 (1) (n) and subject to the provisions of that section, that is to say, any person who is– 1[(i) employed, otherwise than 2[* * *] on a railway, in connection with the operation or maintenance of 3[a lift or a vehicle propelled by steam or other mechanical power or by electricity]; or
(ii) employed, 4[* * *], in any premises wherein, or within the precincts whereof, on any one day of the preceding twelve months, ten or more persons have been employed in any manufacturing process, as defined in 5[clause (g) of section 2 of the Factories Act, 1934 6], or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, and steam, water or other mechanical power or electrical power is used 7[ 8[* * *]]; or
(iii) employed 9[in any place to which section 5 of the Factories Act, 1934 10 has been applied or] for the purpose of making, altering, repairing, ornamenting, finishing or
1Substituted for clauses (i) to (xiii) by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 12.
2Omitted the words “in a clerical capacity or” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (a) of s. 6.
3Substituted for the words “mechanically propelled vehicles” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 11.
4Omitted the words “otherwise than in a clerical capacity” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (3) of s. 10.
5Substituted for the words, brackets and figures “clause (4) of section 2 of the Indian Factories Act, 1911” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (b) of s. 11.
6XXV of 1934.
7Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (1) of s. 10.
8Omitted the words “but not person‟s employed solely in a clerical capacity in any room or place where no manufacturing process is being carried on” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (b) of s. 6.
9Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (2) of s. 10.
10XXV of 1934.
otherwise adapting for us, transport or sale any article or part of an article in any premises wherein or within precincts whereof on any one day of the preceding twelve months, fifty or more persons have been so employed; or
(iv) employed in the manufacture or handling of explosives in any premises wherein, or within the precincts whereof, on any one day of the preceding twelve months, ten or more persons have been so employed; or
(v) employed in any mine as defined in clause (f) of section 3 of the Mines Act, 1923 1, in any mining operation, or in any kind of work, 2[* * * *] incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground:
Provided that any excavation in which on no day of the preceding twelve months more than fifty persons have been employed or explosives have been used and whose depth from its highest to its lowest points does not exceed twenty feet, shall be deemed not to be a mine for purpose of this clause; or
(vi) 3[* * * * * * * * * ]
(vii) [* * * * * * * * * ] (vii-a) [* * * * * * * * * ]
(viii) employed in the construction, repair or demolition of– 4[(a) any building or structure; or]
(b) any dam or embankment which is twenty feet or more in height from its lowest to its highest point; or
(c) any road, bridge, or tunnel; or
(d) 5[ * * * * * * * * ]
(ix) employed in setting up, repairing maintaining, or taking down any telegraph or telephone line or post of any overhead electric line or cable or post of standard for the same; or
(x) employed 6[* * *] in the construction, working, repair or demolition of any aerial ropeway, canal pipeline, or sewer; or
(xi) employed in the service of any fire-brigade; or
(xii) employed upon railway as defined in clause (4) of section 3, and subsection (1) of section 148 of the Railways Act, 1890 (IX of 1890), either directly or through a sub- contractor, by a person fulfilling a contract with the railway administration; or
(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service, or employed in any occupation ordinarily involving out-door work in the 7[* *]
1IV of 1923. 2Omitted the commas and words “, other than clerical work,” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (c) of s. 6. 3Omitted the clauses (vi), (vii) and (viiia) by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 10.
4Substituted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (4) of s. 10.
5Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (b) of s. 10.
6Omitted the commas and words “, otherwise than in a clerical capacity,” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6. 7Omitted the word “India” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated 25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1).
posts and Telegraphs Department; or (xiii-a) 1[* * * * * * * * * ]
(xiv) employed 2[* * *] in connection with operations for winning natural petroleum or natural gas; or
(xv) employed in any occupation involving blasting operation; or
(xvi) employed in the making of excavation in which on any one day of the preceding twelve months more than 3[twenty-five] persons have been employed or explosive have been used, or whose depth from its highest to its lowest point exceeds twenty feet; or
(xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or
(xviii) employed, 4[* * *] on any estate which is maintained for the purpose of growing cinchona, coffee, rubber or tea, and on which on any one day in the preceding twelve months twenty-five or more persons have been so employed; or
(xix) employed 5[* * *] in the generating, transforming, or supplying of electrical energy or in the generating or supplying of gas, or
(xx) employed in a lighthouse as defined in clause (d) of section 2 of the Lighthouse Act, 1927 (XVII of 1927); or
(xxi) employed in producing cinematograph pictures intended for public exhibition are in exhibiting such picture; or
(xxii) employed in the training, keeping or working of elephants or wild animals; or
6[(xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forest fires; or
(xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or ]
7[(xxv)] employed as a driver:
8[(xxvi) employed in the handling or transport of goods in, or within the precinct of,–
(a) any warehouse or other place in which goods are stored, and in which on any one day of the preceding twelve months ten or more persons have been so employed, or
(b) any market in which on any one day of the preceding twelve months one hundred or more persons have been so employed; or
(xxvii) employed in any occupation involving the handling and manipulation of radium or X-
1Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 10.
2Omitted the commas and words “, otherwise than in a clerical capacity,” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6.
3Substituted for the word “fifty” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (5) of s. 10.
4Omitted the commas and words “, otherwise than in a clerical capacity,” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6. 5Omitted the commas and words “, otherwise than in a clerical capacity,” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6.
6Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (c) of s. 11.
7Re-numbered by the Act ibid., clause (d) of s. 11.
8Inserted by the Act ibid., clause (d) of s. 12.
rays apparatus, or contact with radioactive substances.] Explanation.– in this Schedule “the preceding twelve months” relates in any particular case to the twelve months ending with the day on which the accident in such case occurred.
1[(xxviii) employed as drivers, cleaners, conductors and checkers by Road Transport Service as defined in Sub-section (7) of section 2 of the Road Transport Workers Ordinance, 1961 (Ordinance XXVIII of 1961).]
1Added by Notification 1-I-L-IV/65(II), dated December 13, 1965, published in the Gazette of Pakistan, Part-I, dated January 7, 1966, p.13.
SCHEDULE III
(See section 3) List of occupational diseases Occupational disease Employment 1[PART A Anthrax - - - - - - - - - - Any employment–
(a) involving the handling of wool, hair, bristles or animal carcases or parts or such carcases, including hides, hoofs and horns, or
(b) in connection with animals infected with anthrax, or
(c) involving the loading, unloading or transport of any merchandise. Compressed air illness or its sequelae. Any process carried on in compressed air. Positioning by lead tetra - ethyl Any process involving the use of lead tetra-ethyl. Poisoning by nitrous fumes. Any process involving exposure to nitrous fumes.]
PART B
Lead poisoning or its sequelae 2[excluding poisoning by lead tetra ethyl]. Any process involving the use of lead 3[or any of its preparations or compounds except lead tetra-ethyl]. Phosphorus poisoning or its sequelae Any process involving the use of phosphorus or its preparations or compounds. 4[Mercury poisoning or its sequelae. Any process involving the use of mercury or its preparations or compounds. Poisoning by benzene and its homologues, or the sequelae of such poisoning. Handling benzene or any of its homologues and any process in the manufacture or involving the use of benzene or any of its homologues. Chrome ulceration or its sequelae. Any process involving the use of chronic acid or bichromate of ammonium, potassium or sodium, or their preparations. 5[Arsenical poisoning or its sequelae. Any process involving the production, liberation or utilization of arsenic or its compounds. Pathological manifestations due to-
(a) radium and other radio- active substances;
(b) X-rays. Any process involving exposure to the action of radium, radio-active substances, or X-rays. Primary epitheliomatous cancer of the Any process involving the handling or use of tar,
1Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 12.
2Added by the Act ibid., clause (b) of s. 12.
3Substituted for the words “or its preparations or compounds” by the Act ibid.
4Added by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 22.
5Substituted for the words “Compressed air illness or its sequelae” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (c) of s. 12.
skin. pitch, bitumen, mineral oil, paraffin, or the compounds, products or residues of these substances.] 1[Silicosis Any process involving the grinding, cleaning, fitting, casting and crushing of stones].
1Added by S.R.O. 581, published in the Gazette of Pakistan, dated December 11, 1959, p. 552.
1
[SCHEDULE IV
(See section 4) Compensation payable in certain cases
2[* * * *] Amount of Compensation for
Half monthly payment as compensation for temporary disablement Death Permanent total disablement 1 2 3 4
3[***]
Rs.
Rs. ½ of the monthly wages during the period of disablement or a period of one year, reckoned from the date of injury, whichever is less and thereafter only in the case of chronic lung diseases 1/3 of the monthly wages during the period of disablement or for a period of 5 years, reckoned from the date of injury, whichever is less.] 4[4,00,000] 5[4,00,000]
1Substituted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, whereas the Schedule IV was earlier substituted by the Finance Act, 1986 (Act I of 1986); and published in the Gazette of Pakistan (Extraordinary), Part I, dated 29.6.1986, s.4 and Second Schedule, which was again substituted by the Labour Laws (Amendment) Act, 1994 (Act XI of 1994), Gazette of Pakistan (Extraordinary), Part I, June 29, 1994, pp. 224-235.
2Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 11.
3Ibid.
4Substituted for the figure “2,00,000” by the Act ibid., clause (b) of s. 11.
5Ibid.
Print contents from the source
CONTENTS CHAPTER I Preliminary 1. Short title, extent and commencement. 2. Definitions. CHAPTER II Workmen’s Compensation 3. Employer's liability for compensation. 4. Amount of Compensation. 5. Method of calculating wages. 6. Review. 7. Commutation of half-monthly payments. 8. Distribution of compensation. 9. Compensation not to be assigned, attached or charged . 10. Notice and claim. 10A. Power to require from employers statements regarding fatal accidents. 10B. Reports of fatal accident. 10C. Officers authorized may refer cases for payment of compensation . 10D. Fixation of abstracts of the Act or rules at the entrance of the premises. 11. Medical examination. 12. Contracting. 13. Remedies of employer against stranger . 14. Insolvency of employer. 15. [Omitted] THE WORKMEN'S COMPENSATION ACT, 1923 (VIII of 1923) 16. Returns as to compensation. 17. Contracting out. 18. Proof of age. 18A. Penalties. CHAPTER III Commissioners 19. Reference to Commissioners. 20. Appointment of Commissioners. 21. Venue of proceedings and transfer. 22. Form of application. 22A. Power of Commissioner to require further deposit in cases of fatal accident. 23. Powers and procedure of Commissioners. 24. Appearance of parties. 25. Method of recording evidence. 26. Costs. 27. Power to submit cases. 28. Registration of agreements. 29. Effect of failure to register agreement. 30. Appeals. 30A. Withholding of certain payments pending decision of appeal. 31. Recovery. CHAPTER IV RULES 32. Power of the Governor General in Council to make rules. 33. [Omitted] 34. Publication of rules. 35. [Omitted]
Compare the original stored transcription
Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: a8be8aa803cfa219ca3d034edb0df3047d5cbee303257688840f279852e68206.
Workmen’s Compensation
1923: Act VIII
CONTENTS
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Workmen’s Compensation
3. Employer's liability for compensation.
4. Amount of Compensation.
5. Method of calculating wages.
6. Review.
7. Commutation of half-monthly payments.
8. Distribution of compensation.
9. Compensation not to be assigned, attached or charged .
10. Notice and claim.
10A. Power to require from employers statements regarding fatal
accidents.
10B. Reports of fatal accident.
10C. Officers authorized may refer cases for payment of compensation .
10D. Fixation of abstracts of the Act or rules at the entrance of the
premises.
11. Medical examination.
12. Contracting.
13. Remedies of employer against stranger .
14. Insolvency of employer.
15. [Omitted]
THE WORKMEN'S COMPENSATION ACT,
1923
(VIII of 1923)
16. Returns as to compensation.
17. Contracting out.
18. Proof of age.
18A. Penalties.
CHAPTER III
Commissioners
19. Reference to Commissioners.
20. Appointment of Commissioners.
21. Venue of proceedings and transfer.
22. Form of application.
22A. Power of Commissioner to require further deposit in cases of fatal
accident.
23. Powers and procedure of Commissioners.
24. Appearance of parties.
25. Method of recording evidence.
26. Costs.
27. Power to submit cases.
28. Registration of agreements.
29. Effect of failure to register agreement.
30. Appeals.
30A. Withholding of certain payments pending decision of appeal.
31. Recovery.
CHAPTER IV
RULES
32. Power of the Governor General in Council to make rules.
33. [Omitted]
34. Publication of rules.
35. [Omitted]
SCHEDULE I
List of injuries deemed to result in permanent total disablement.
SCHEDULE II
SCHEDULE III
List of occupational diseases.
SCHEDULE IV
Compensation payable in certain cases.
TEXT
1
THE WORKMEN'S COMPENSATION ACT, 1923
(VIII of 1923)
[10 March 1923]
An
Act
to provide for the payment by certain classes of employers to their workmen of
compensation for injury by accident.
WHEREAS it is expedient to provide for the payment by certain classes of employers to
their workmen of compensation for injury by accident; It is hereby enacted as follows:–
CHAPTER I
Preliminary
1. Short title, extent and commencement.– (1) This Act may be called the Workmen‟s
Compensation Act, 1923.
(2)
2
[It extends to the whole of
3
[the Punjab]].
(3) It shall come into force on the first day of July, 1924.
2. Definitions.– (1) In this Act, unless there is anything repugnant in the subject or
context,–
(a) "adult" and “minor” mean respectively a person who is not and a person who
is under the age of fifteen years;
(b) "Commissioner" means a Commissioner for Workmen's Compensation
appointed under section 20;
(c) "compensation" means compensation as provided for by this Act;
4
[(d) "dependent" means any of the following relatives of a deceased workman,
namely:–
(i) a
5
[widow], minor legitimate son and unmarried legitimate daughter, or
a widowed mother, and
(ii) if wholly or in part dependent on the earnings of the workman at the
time of his death, a
6
[widower], a parent other than a widowed mother,
a minor illegitimate son, an unmarried illegitimate daughter, a
daughter legitimate or illegitimate if married and a minor or if widowed,
a minor brother, an unmarried or widowed sister, a widowed daughter-
1This Act received the assent of the Governor General on the 5 th March, 1923 and published in the Gazette of India, Part -IV,
dated March 10, 1923, pp. 33-42.
2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) , published in the Gazette of Pakistan
(Extraordinary), dated June 9, 1960, pp. 725-845, s. 3 and Second Schedule.
3Substituted for the word “Pakistan” by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013),
published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 2.
4Substituted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 19 33), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, clause (a)(i) of s. 2.
5Substituted for the word “wife” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the
Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 2.
6Substituted for the word “husband” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the
Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (b) of s. 2.
in-law, a minor child of a deceased son,
1
[a minor child of a deceased
daughter where no parent of the child is alive,] or, where no parent of
the workman is alive, a paternal grandparent;]
(e) "employer" includes anybody of persons whether incorporated or not and any
managing agent of an employer and the legal representative of a deceased
employer, and, when the services of a workman are temporarily lent or let o n
hire to another person by the person with whom the workman has entered
into a contract of service or apprenticeship, means such other person while
the workman is working for him;
(f) “managing agent” means any person appointed or acting as the
representative of another person for the purpose of carrying on such other
person‟s trade or business, but does not include an individual manager
subordinate to an employer;
(g) "partial disablement" means, where the disablement is of a temporary nature,
such disabl ement as reduces the earning capacity of a workman in any
employment in which he was engaged at the time of the accident resulting in
the disablement, and, where the disablement is of a permanent nature, such
disablement as reduces his earning capacity in every employment which he
was capable of undertaking at that time: provided that every injury specified in
Schedule I shall be deemed to result in permanent partial disablement;
(h) "prescribed” means prescribed by rules made under this Act;
2
[(hh) “Provincial Government” means Government of the Punjab;]
(i) “qualified medical practitioner" means any person registered
3
[* * * * * * * * * *
* * * ] under any Act of
4
[the Central Legislature or any Provincial Legislature]
providing for the maintenance of a re gister of medical practitioners, or, in any
area where no such last -mentioned Act is in force, any person declared by
the Local Government, by notification in the local official Gazette, to be a
qualified medical practitioner for the purposes of this Act;
(j)
5
[* * * * * * * * * ]
(k)
6
[* * * * * * * * * ]
(I) "total disablement" means such disablement, whether of a temporary or
permanent nature, as incapacitates a workman for all work which he was
capable of performing at the time of the accident resul ting in such
disablement: provided that permanent total disablement shall be deemed to
result from the permanent total loss of the sight of both eyes or from any
combination of injuries specified in Schedule I where the aggregate
percentage of the loss of earning capacity, as specified in that Schedule
against those injuries, amounts to one hundred per cent;
1Inserted by the Act, ibid., clause (c) of s. 2.
2Inserted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette
(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 3.
3Omitted the words “under the Medical Act, 1858, or any Act amending the same, or” by the Federal Laws (Revision and Declarati on)
Ordinance, 1981 (XXVII of 1981), published in the Gazette of Paki stan (Extraordinary), dated July 8, 1981 , pp. 345-475, s. 3 and
Second Schedule.
4Substituted for the words “any Legislature in British India” by the Adaptation of Central Acts and Ordinances Order, 1949, vide
Notification No. G.G.O. 4, dated 25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949,
pp. 223-283, s. 3 (1).
5Omitted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, clause (a)(ii) of s. 2.
6Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette
(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (b) of s. 3.
1
[(ll)
2
[“Tribunal” shall mean the same as in the Punjab Industrial Relations Act,
2010 (XIX of 2010);]]
(m) "wages" includes any privilege or benefit which is capable of being estimated
in money, other than a traveling allowance or the value of any traveling
concession or a contribution paid by the employer of a workman towards any
pension or provident fund or a sum paid to a workman to cover any speci al
expenses entailed on him by the nature of his employment;
(n) "workman" means any person (other than a person whose employment is of a
casual nature and who is employed otherwise than for the purposes of the
employer's trade or business) who is–
(i) a r ailway servant as defined in section 3 of the
3
[***] Railways Act,
1890
4
, not permanently employed in any administrative, district or sub-
divisional office of railway and not employed in any such capacity as is
specified in Schedule II, or
(ii) employed,
5
[* * * *]
6
[* * *] in any such capacity as is specified in
Schedule II,
whether the contract of employment was made before or after the passing of
this Act and whether such contract is expressed or implied, oral or in
writing; but does not include any per son working in the capacity of a
member of
7
[* * *] naval, military or air forces
8
[* * *]; and any reference
to a workman who has been injured shall, where the workman is dead,
include a reference to his dependents or any of them.
(2) The exercise and performance of the powers and duties of a local authority or
of any department
9
[acting on behalf of the
10
[Government]] shall, for the purposes of this Act,
unless a contrary intention appears, be deemed to be the trade or business of such authority
or department.
11
[(3) The
12
[Provincial Government], after giving, by notification in the
13
[Official
1Inserted by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of Pakistan (Extraordinary), Part I,
dated January 25, 1975, pp. 18-20, s. 2 and the Schedule.
2Substituted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab
Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (c) s. 3.
3Omitted the word “India” by the Adaptation of Central Acts and Ordinances Order, 1949 , vide Notification No . G.G.O. 4,
published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3.
4IX of 1890.
5Omitted the words “either by way of manual labour or” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933),
published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(iv) of s. 2.
6Omitted the words “on monthly wages not exceeding three thousand rupees” by the Punjab Workmen‟s Compensation
(Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-
1822, clause (d) of s. 3.
7Omitted the words “His Majesty‟s” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published
in the Gazette of Pakistan (Extraordinary), dated July 8, 1981, pp. 345-475, s. 3 and Second Schedule.
8Omitted the words “or of the Royal Indian Marine Service” by the Government of India (Adaptation of Indian Laws) Order,
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
9Substituted for the words “of the Government” by the Order ibid., s. 3 and the Schedule.
10Substituted for the word “Crown” by the Central Laws (Adaptation) Order, 1961 (1 of 1961), published in the Gazette of
Pakistan (Extraordinary), dated January 24, 1961, pp. 102-176, sub-section (2) of s. 2 and Table.
11Substituted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, clause (b) of s. 2.
12Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
13Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in
the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
Gazette], not less than three months‟ notice of
1
[its] intention so to do, may, by all like
notification, add to Schedule II any class of persons employed in any occupation which
2
[it] is
satisfied is a hazardous occupation, and the provisions of this Act shall thereupon apply
3
[within the Province] to such classes of persons:
Provided that in making such addition the
4
[Provincial Government] may direct that
the prov isions of this Act shall apply to such classes of persons in respect of specified
injuries only.]
CHAPTER II
Workmen‟s compensation
3. Employer's liability for compensation .– (1) If personal injury is caused to a
workman by accident arising out of and in t he course of his employment, his employer shall
be liable to pay compensation in accordance with the provisions of this Chapter:
Provided that the employer shall not be so liable–
(a) in respect of any injury which does not result in the total or partial d isablement of the
workman for a period exceeding
5
[
6
[four]] days;
(b) in respect of any
7
[injury, not resulting in death, caused by] an accident which is
directly attributable to–
(i) the workman having been at the time thereof under the influence .of drin k or
drugs, or
(ii) the willful disobedience of the workman to an order expressly given, or to a rule
expressly framed, for the purpose of securing the safety of workmen, or
(iii) the willful removal or disregard by the workman of any safety guard or other
device which he knew to have been provided for the purpose of securing the
safety of workmen; or
(c)
8
[* * * * * * * * * ]
(2)
9
[If a workman employed in any employment specified in Part A of Schedule III
contracts any disease specified therein as an occupational disease peculiar to that
employment], or if a workman, whilst in the service of an employer in whose service he has
been employed for a continuous period of not less than six months in any employment
specified in
10
[Part B of] Schedule II I, contracts any disease specified therein as an
occupational disease peculiar to that employment, the contracting of the disease shall be
deemed to be an injury by accident within the meaning of this section and, unless the
employer proves the contrary, the accident shall be deemed to have arisen out of and in the
course of the employment.
1Substituted for the word “his” by the Order ibid.
2Substituted for the word “he” by the Order ibid.
3Inserted by the Order ibid., s. 3 and the Schedule.
4Substituted for the words “Governor-General in Council” by the Order ibid.
5Substituted for the word “ten” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published i n the Punjab
Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(i) of s. 3.
6Substituted for the word “four” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette
of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, s. 3.
7Substituted for the words “injury to a workman resulting from” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of
1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(ii) of s. 3.
8Omitted the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part -IV, dated
April 12, 1929, pp. 21-23, clause (c) of s. 2.
9Substituted for the words “if a workman -------- anthrax” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938),
published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 3.
10Inserted by the Act ibid., clause (b) of s. 3.
Explanation.– For the purposes of the sub -section a period of service shall be deemed to
be continuous which has not included a period of service under any other employe r
1
[in the
same kind of employment.]
(3) The
2
[Provincial Government], after giving, by notification in the
3
[Official Gazette], not
less than three months‟ notice of
4
[its] intention so to do, may, by a like notification, add any
description of employment to the employments specified in Schedule III, and shall specify in
the case of the employments so added the diseases which
5
[within the Province] shall be
deemed for the purposes of this section to be occupational diseases peculiar to those
employments re spectively, and the provisions of sub -section (2) shall thereupon apply
6
[within the Province] as if such diseases had been declared by this Act to be occupational
diseases peculiar to those employments.
(4) Save as provided by sub-sections (2) and (3), no compensation shall be payable to a
workman in respect of any disease unless the disease is
7
[* *] directly attributable to a
specific injury by accident arising out of and in the course of his employment.
(5) Nothing herein contained shall be deemed to confer any right to compensation on a
workman in respect of any injury if he has instituted in a Civil Court a suit for damages in
respect of the injury against the employer or any other person; and to suit for damages shall
be maintainable by a workman in any Court of law in respect of any injury–
(a) if he has instituted a claim to compensation in respect of the injury before a
Commissioner; or
(b) if an agreement has been come to between the workman and his employer providing
for the payment of compensat ion in respect of the injury in accordance with the
provisions of this Act.
4. Amount of Compensation .–
8
[(1) Subject to the provisions of this Act, the amount of
compensation shall be as follows, namely:–
9
[A. Where death results from injury to a workman – the amount shown in the second
column of Schedule IV;
B. Where total disablement of permanent nature results from injury to a workman – the
amount shown in the third column of Schedule IV;]
C. Where permanent partial disablement results from the injury–
(i) in the case of an injury specified in Schedule I, such percentage of the
compensation which would have been payable in the case of permanent total
disablement as is specified therein as being the percentage of the loss of earning
capacity caused by that injury, and
(ii) in the case of an injury not specified in Schedule I, such percentage of the
compensation payable in the case of permanent total disablement as is
1Added by the Act ibid., clause (c) of s. 3.
2Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
3Substituted for the words “Gazette of India” by the Order ibid., s. 4 and Table of General Adaptations.
4Substituted for the word “his” by the Order ibid.
5Inserted by the Order ibid., s. 3 and the Schedule.
6Ibid.
7Omitted the words “solely and” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab
Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b) of s. 3.
8Substituted by the Act ibid., s. 4.
9Substituted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published i n the Punjab
Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 4.
proportionate to the loss of earning capacity permanently caused by the injury;
Explanation.– Where more injuries than one are caused by the same accident, the amount
of compensation payable under this head shall be aggregated but not so in any case as to
exceed the amount which would have been payable if permanent total disablement had
resulted from the injuries;
1
[D. Where temporary disablement, whether total or partial, results from injury, a half
monthly payment payable on the sixteenth day after the expiry of a waiting period of
four days from the date of the disablement, and thereafter, half-monthly during the
disablement or during the period of five years, whichever period is shorter – the
amount shown in the fourth column of the Schedule IV:
Provided that–
(a) there shall be deducted from any lump sum or half -monthly payments to whic h
the workman is entitled the amount of any payment or allowance which the
workman has received from the employer by way of compensation during the
period of disablement prior to the receipt of such lump sum or of the first half -
monthly payment as the case may be except payments made to the worker
during the period of his convalescence towards medical treatment and the half -
monthly payments made for the first four months of disablement;
(b) no half-monthly payment shall in any case exceed the amount, if any, by which
half the amount of the monthly wages of the workman before the accident
exceeds half the amount of such wages which he is earning after the accident;
and
(c) the amount of half -monthly payments to which a workman is entitled shall in no
case be less than the amount of half -monthly payments to which a workman
drawing lesser monthly wages than such workman is entitled.]
(2) On the ceasing of the disablement before the date on which any half -monthly
payment falls due, there shall be payable in respect of that half -month a sum proportionate
to the duration of the disablement in that half-month.
2
[(3) The Provincial Government may, by notification in the official Gazette, revise the
amount of compensation specified in Schedule IV.]
5. Method of ca lculating wages .–
3
[
4
[*]]
5
[In this Act and for the purposes thereof the
expression "monthly wages" means the amount of wages deemed to be payable for a
month's service (whether the wages are payable by the month or by whatever other period
or at piece rates), and calculated] as follows, namely:–
(a) where the workman has, during a continuous period of not less than twelve months
immediately preceding the accident, been in the service of the employer who is liable
to pay compensation, the monthly wages of t he workman shall be one -twelfth of the
total wages which have fallen due for payment to him by the employer in the last
twelve months of that period;
1Inserted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette
(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (c) of s. 4.
2Ibid.
3Re-numbered as “(1)” by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette,
Part-IV, dated April 12, 1929, pp. 21-23, sub-section (1) of s. 3.
4Omitted the brackets and figure “(1)” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the
Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, s. 3.
5Substituted for the words “For the purpose of this Act the monthly wages of workman shall be calculated” by the Workmen‟s
Compensation (Amendment) Act, 1939 (XIII of 1939), published in the Government Gazette, Punjab, dated April 14, 1939, pp.
72-73, clause (a) of s. 2.
1
[(b) where the whole of the continuous period of service immediately preceding the
accident during which the workman was in the service of the employer who is liable
to pay the compensation was less than one month, the monthly wages of the
workman shall be
2
[* * * *] the average monthly amount which, during the twelve
months immediately preceding the acciden t was being earned by a workman
employed on the same work by the same employer, or, if there was no workman so
employed, by a workman employed on similar work in the same locality;]
3
[(c)] in other cases, the monthly wages shall be thirty times the total w ages earned in
respect of the last continuous period of service immediately preceding the accident
from the employer who is liable to pay compensation, divided by the number of days
comprising such period:
4
[* * * * * * * * * ]
Explanation.– A period of service shall, for the purposes of
5
[this
6
[section]] be deemed to be
continuous which has not been interrupted by a period of absence from work exceeding
fourteen days.
7
[(2)
8
[* * * * * * * * * ]]
6. Review.– (1) Any half -monthly payment payable u nder this Act, either under an
agreement between the parties or under the order of a Commissioner, may be reviewed by
the Commissioner on the application either of the employer or of the workman accompanied
by the certificate of a qualified medical practit ioner that there has been change in the
condition of the workman or, subject to rules made under this Act, on application made
without such certificate.
(2) Any half-monthly payment may, or review under this section, subject to the
provisions of this Act, be continued, increased, decreased, or ended, or if the accident is
found to have resulted in permanent disablement, be converted to the lump sum to which the
workman is entitled less any amount which he has already received by way of half -monthly
payments.
7. Commutation of half -monthly payments .– Any right to receive half -monthly
payments may, by agreement between the parties or, if the parties cannot agree and the
payments have been continued for not less than six-months, on the application of either
party to the Commissioner be redeemed by the payment of a lump sum of such amount as
may be agreed to by the parties or determined by the Commissioner, as the case may be.
8. Distribution of compensation.–
9
[(1) No payment of compensation in respect of a
1Inserted by the Workmen‟s Compensation (Amendment) Act, 193 3 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, clause (a)(ii) of s. 5.
2Omitted the words “deemed to be” by the Workmen‟s Compensation (Amendment) Act, 1939 (XIII of 1939), published in the
Government Gazette, Punjab, dated April 14, 1939, pp. 72-73, clause (b) of s. 2.
3Re-lettered by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, clause (a)(iii) of s. 5.
4Omitted the proviso by the Act ibid., clause (a)(iv) of s. 5.
5Substituted for the words “this section” by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the
Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, sub-section (1) of s. 3.
6Substituted for the word “sub-section” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the
Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, s. 3.
7Inserted by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part -IV,
dated April 12, 1929, pp. 21-23, sub-section (2) of s. 3.
8Omitted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, clause (b) of s. 5.
9Substituted for sub-sections (1) to (3) by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the
Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (a) of s. 4.
workman whose injury has resulted in death, and no payment of lump sum as compensation
to a woman or a person under legal disability, shall be made otherwise than by deposit with
the Commissioner, and no such payment made directly by an employer shall be deeme d to
be a payment of compensation:
1
[Provided that, in the case of a deceased workman, an employer may make to any
dependent advances on account of compensation not exceeding
2
[ten percent of the amount
of] the compensation payable to that dependent shall be deducted by the Commissioner
from such compensation and repaid to the employer.]
(2) Any other sum amounting to not less than
3
[four thousand] rupees which is
payable as compensation may be deposited with the Commissioner on behalf of the person
entitled thereto.
(3) The receipt of the Commissioner shall be a sufficient discharge in respect of
any compensation deposited with him.]
(4) On the deposit of any money under sub -section (1)
4
[as compensation in
respect of a deceased workman], the Commissione r
5
[shall deduct] there from the actual
cost of the workman's funeral expenses, to an amount not exceeding
6
[
7
[five thousand]
rupees] and pay the same to the person by whom such expenses were incurred, and shall, if
he thinks necessary, cause notice to be published or to be served on each dependent in
such manner as he thinks fit, calling upon the dependents to appear before him on such date
as he may fix for determining the distribution of the compensation. If the Commissioner is
satisfied after any inquiry which he may deem necessary, that no dependent exists, he shall
8
[not less than two years after the date of deposit, transfer the balance of the money to such
fund or funds for the benefit of workmen as the Provincial Government may by notification in
the official Gazette specify or establish] . The Commissioner shall, on application by the
employer, furnish a statement showing in detail all disbursements made.
9
[(5) Compensation deposited in respect of a deceased workman shall, subject to
any deduction ma de
10
[under the proviso to sub -section (1) or] under sub -section (4), be
apportioned among the dependents of the deceased workman or any of them in such
proportion as the Commissioner thinks fit, or may, in the discretion of the Commissioner be
allotted to any one dependent.
(6) Where any compensation deposited with the Commissioner is payable to any
person, the Commissioner shall, if the person to whom the compensation is payable is not a
1Substituted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, clause (a) of s. 6.
2Substituted for the words “an aggregate of one hundred rupees, and so much of such aggregate as does not exceed” by the
Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary),
dated December 16, 2013, pp. 1821-1822, clause (a) of s. 5.
3Substituted for the word “ten” by the Act ibid., clause (b) of s. 5.
4Inserted by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part -IV,
dated April 12, 1929, pp. 21-23, clause (b) of s. 4.
5Substituted for the words “may deduct” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the
Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b)(i) of s. 6.
6Substituted for the words “fifty rupees or so much of that cost or of fifty rupees, whichever is less, as has not a lready been
advanced by the employer on account of such expenses” by the Act ibid., clause (b)(ii) of s. 6.
7Substituted for the words “twenty -five” by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013),
published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (c) of s. 5.
8Substituted for the words “repay the balance of the money to the employer by whom it was paid” by the Workmen‟s
Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan (Extraordinary), dated March 16,
1957, pp. 583-586, clause (1) of s. 5.
9Substituted for sub-section (5) by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab
Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (c) of s. 4.
10Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan
(Extraordinary), dated March 16, 1957, pp. 583-586, clause (2) of s. 5.
woman or a person under a legal disability, and may, in other cases, pay the money to the
person entitled thereto.
(7) Where any lump sum deposited with the Commissioner is payable to a
woman or a person under a legal disability, such sum may be invested, applied or otherwise
dealt with for the benefit of the woman, or of such person during his disability, in such
manner as the Commissioner may direct; and where a half -monthly payment is payable to
any person under a legal disability, the Commissioner may, of his own motion or on an
application made to him in this behalf, o rder that the payment be made during the disability
to any dependent of the workman or to any other person whom the Commissioner thinks
best fitted to provide for the welfare of the workman.]
1
[(8)] Where, on application made to him in this behalf or other wise, the
Commissioner is satisfied that, on account of neglect of children on the part of a parent or on
account of the variation of the circumstances of any dependent or for any other sufficient
cause, an order of the Commissioner as to the distribution of any sum paid as compensation
or as to the manner in which any sum payable to any such dependent is to be invested,
applied or otherwise dealt with, ought to be varied, the Commissioner may made such
orders for the variation of the former order as he thinks just in the circumstances of the case:
Provided that no such order prejudicial to any person shall be made unless such
person has been given an opportunity of showing cause why the order should not be made,
or shall be made in any case in which it woul d involve the repayment by a dependent of any
sum already paid to him.
2
[(9) Where the Commissioner varies any order under sub-section (8) by reason of
the fact that payment of compensation to any person has been obtained by fraud,
impersonation or other improper means, any amount so paid to or on behalf of such person
may be recovered in the manner hereinafter provided in section 31.]
9. Compensation not to be assigned, attached or charged .– Save as provided by
this Act, no lump sum or half -monthly payment payable under this Act shall in any way be
capable of being assigned or charged or be liable to attachment or pass to any person other
than the workman by operation of law, nor shall any claim be set off against the same.
10. Notice and claim .– (1)
3
[No clai m for compensation shall be entertained by a
Commissioner unless notice of the accident has been given in the manner hereinafter
provided as soon as practicable after the happening thereof and unless the claim is
preferred before him within
4
[three years] of the occurrence of the accident or, in case of
death, within
5
[three years] from the date of death]:
Provided that, where the accident is the contracting of a disease in respect of which
the provisions of sub-section (2) of section 3 are applicable, the accident shall be deemed to
have occurred on the first of the days during which the workman was continuously absent
from work in consequence of the disablement caused by the disease:
6
[Provided further that the want of or any defect or irregularity in a no tice shall not be
1Re-numbered by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV,
dated April 12, 1929, pp. 21-23, clause (d) of s. 4.
2Inserted by the Act ibid.
3Substituted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette,
Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a)(1) of s.5.
4Substituted for the words “one year” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the
Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, s. 4.
5Ibid.
6Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, clause (a) of s. 7.
a bar to the
1
[entertainment of a claim]–
(a) if the claim is
2
[preferred] in respect of the death of a workman resulting from
an accident which occurred on the premises of the employer, or at any place where the
workman at the time of the accident was working under the control of the employer or of any
person employed by him, and the workman died on such premises or at, such place, or on
any premises belonging to the employer, or died without having left the vicinity of the
premises or place where the accident occurred, or
(b) if the employer
3
[or any one of several employers or any person responsible to
the employer for the management of any branch of the trade or business in which the injured
workman was employed] had knowledge of the accident from any other source at or about
the time when it occurred:]
Provided further, that the Commissioner may
4
[entertain] and decide any claim to
compensation in any case notwithstanding that the notice has not been given, or the claim
has not been
5
[preferred], in due time as provided in this sub -section, if he is satisfied that
the failure so to give the notice or
6
[prefer] the claim, as the case may be, was due to
sufficient cause.
(2) Every such notice shall give the name and address of the perso n injured and
shall state in ordinary language the cause of the injury and the date on which the accident
happened and shall be served on the employer or upon
7
[any one of] several employers, or,
upon any person
8
[*] responsible to the employer for the man agement of any branch of the
trade or business in which the injured workman was employed.
9
[(3) The
10
[Provincial Government] may require that any prescribed class of
employers shall maintain at their premises at which workmen are employed a notice book, in
the prescribed form, which shall be readily accessible at all reasonable times to any injured
workman employed on the premises and to any person acting bona fide on his behalf.
(4) A notice under this section may be served by delivering it at, or sending it by
registered post addressed to, the residence or any office or place of business of the person
on whom it is to be served, or, where a notice book is maintained, by entry in the notice
book.]
11
[10A. Power to require from employers statements regardin g fatal accidents .– (1)
Where a Commissioner receives information from any source that a workman has died as a
result of an accident arising out of and in the course of his employment, he may send by
registered post a notice to the workmen's employer requiring him to submit, within thirty days
1Substituted for the words “maintenan ce of proceedings” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of
1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a)(2)(i) of s. 5.
2Substituted for the word “made” by the Act ibid., clause (a)(2)(ii) of s. 5.
3Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab,
Part-IV, dated April 15, 1938, pp. 119-122, clause (a)(2)(iii)) of s.5.
4Substituted for the word “admit” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the
Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a)(3) of s. 5.
5Substituted for the word “instituted” by the Act ibid.
6Substituted for the word “institute” by the Act ibid., clause (a)(3) of s. 3.
7Substituted for the words “any one or” by the Repealing and Amending Act, 1924 (VII of 1924), published in the Gazette of
India, Part-IV, dated March 22, 1924, pp. 71-72, s. 2 and the First Schedule.
8Omitted the word „directly‟ by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the
Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (b) of s. 5.
9Substituted for sub-section (3) by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab
Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b) of s. 7.
10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
11Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, s. 8.
of the service of the notice, a statement, in the prescribed form, giving the circumstances
attending the death of the workman, and indicating whether, in the opinion of the employer,
he is or is not liable to deposit compensation on account of the death.
(2) If the employer is of opinion that he is liable to deposit compensation, he shall
make the deposit within thirty days of the service of the notice.
(3) If the employer is of opinion that he is not liable to depo sit compensation, he
shall in his statement indicate the grounds on which he disclaims liability.
(4) Where the employer has so disclaimed liability, the Commissioner, after such
inquiry as he may think fit, may inform any of the dependents of the decease d workman that
it is open to the dependents to prefer a claim for compensation, and may give them such
other further information as he may think fit.
10B. Reports of fatal accident.– (1) Where, by any law for the time being in force, notice
is required to be given to any authority, by or on behalf of an employer, of any accident
occurring on his premises which results in death, the person required to give the notice shall,
within seven days of the death, send a report to the Commissioner giving the circumst ances
attending the death:
Provided that where the
1
[Provincial Government] has so prescribed the person
required to give the notice may instead of sending such report to the Commissioner send it
to the authority to whom he is required to give the notice.
(2) The
2
[Provincial Government] may, by notification in the
3
[Official Gazette],
extend the provisions of sub -section (1) to any class of premises other than those coming
within the scope of that sub -section, and may, by such notification, specify the p ersons who
shall send the report to the Commissioner.]
4
[10C. Officers authorized may refer cases for payment of compensation .– A Labour
Commissioner, an Inspector of Factories or any other officer authorized by the Provincial
Government for this purpose m ay refer, in the prescribed manner, to the Commissioner
cases of workmen who have not been paid due compensation by employers under the
provisions of this Act.
10D. Fixation of abstracts of the Act or rules at the entrance of the premises .– There
shall be affixed in some conspicuous place near the main entrance of every place where
workmen are employed, in English and in the language of the majority of the workmen, such
abstracts of this Act and of the rules made thereunder as may be prescribed.]
11. Medical examination.–
5
[(1) Where a workman has given notice of an accident, the
employer shall, before the expiry of three days from the time at which service of the notice
has been effected, have the workman examined free of charge by a qualified medical
practitioner, and the workman shall submit himself for such examination, and any workman
who is in receipt of a half-monthly payment under this Act, shall if so required, submit himself
for such examination from time to time:
Provided that a workman not examined f ree of charge as aforesaid may get himself
examined by a qualified medical practitioner and the expenses of such medical examination
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
2Substituted for the words “local official Gazette” by the Act ibid.
3Substituted for the words “Local Government” by the Act ibid.
4Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan
(Extraordinary), dated March 16, 1957, pp. 583-586, s. 6.
5Substituted by the Act ibid., s. 7.
shall be reimbursed to the workman by the employer:
Provided further that a workman shall not be required to submit himsel f for
examination by a medical practitioner otherwise than in accordance with rules made under
this Act, or at more frequent intervals than may be prescribed.]
(2) If a workman, on being required to do so by the employer under sub -section
(1) or by the Com missioner at any time, refuses to submit himself for examination by a
qualified medical practitioner or in any way obstructs the same, his right to compensation
shall be suspended during continuance of such refusal or obstruction unless, in the case of
refusal, he was prevented by any sufficient cause from so submitting himself.
(3) If a workman, before the expiry of the period within which he is liable under
sub-section (1) to be required to submit himself for medical examination, voluntarily leaves
without having been so examined the vicinity of the place in which he was employed, his
right to compensation shall be suspended until he returns and offers himself for such
examination.
(4) Where a workman, whose right to compensation has been suspended under
sub-section (2) or sub -section (3), dies without having submitted himself for medical
examination as required by either of those sub -sections, the Commissioner may, if he thinks
fit, direct the payment of compensation to the dependents of the deceased workman.
(5) Where under sub -section (2) or sub -section (3) a right to compensation is
suspended, no compensation shall be payable in respect of the period of suspension, and, if
the period of suspension commences before the expiry of the waiting period referre d to in
clause D of sub -section (1) of section 4, the waiting period shall be increased by the period
during which the suspension continues.
(6) Where an injured workman has refused to be attended by a qualified medical
practitioner whose services have bee n offered to him by the employer free of charge or
having accepted such offer has deliberately disregarded the instructions of such medical
practitioner, then,
1
[if it is proved that the workman has not thereafter been regularly attended
by a qualified med ical practitioner or having been so attended has deliberately failed to
follow his instructions and that such refusal, disregard or failure was unreasonable ] in the
circumstances of the case and that the injury has been aggravated thereby, the injury and
resulting disablement shall be deemed to be of the same nature and duration as they might
reasonably have been expected to be if the workman had been regularly attended by a
qualified medical practitioner
2
[whose instructions he had followed], and compensat ion, if
any, shall be payable accordingly.
12. Contracting.– (1) Where any person (hereinafter in this section referred to as the
principal) in the course of or for the purposes of his trade or business contracts with any
other person (hereinafter in the s ection referred to as the contractor) for the execution by or
under the contractor of the whole or any part of any work which is ordinarily part of the trade
or business of the principal, the principal shall be liable to pay to any workman employed in
the execution of the work any compensation which he would have been liable to pay if that
workman had been immediately employed by him; and where compensation is claimed from
the principal, this Act shall apply as if references to the principal were substitute d for
references to the employer except that the amount of compensation shall be calculated with
reference to the wages of the workman under the employer by whom he is immediately
employed.
(2) Where the principal is liable to pay compensation under this s ection, he shall
1Substituted for the words “if it is thereafter ……. unreasonable” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX
of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 6.
2Inserted by the Act ibid., clause (b) of s. 6.
be entitled to be indemnified by the contractor
1
[, or any other person from whom the
workman could have recovered compensation and where a contractor who is himself a
principal is liable to pay compensation or to indemnify a principal und er this section he shall
be entitled to be indemnified by any person standing to him in the relation of a contractor
from whom the workman could have recovered compensation] and all questions as to the
right to and the amount of any such indemnity shall, i n default or agreement, be settled by
the Commissioner.
(3) Nothing in this section shall be construed as preventing a workman from
recovering compensation from the contractor instead of the principal.
(4) This section shall not apply in any case where the accident occurred
elsewhere than on, in or about the premises on which the principal has undertaken or
usually undertakes, as the case may be, to execute the work or which are otherwise under
his control or management.
13. Remedies of employer against str anger.– Where a workman has recovered
compensation in respect of any injury caused under circumstances creating a legal liability of
some person other than the person by whom the compensation was paid to pay damages in
respect thereof, the person by whom t he compensation was paid and any person who has
been called on to pay an indemnity under section 12 shall be entitled to be indemnified by
the person so liable to pay damages as aforesaid.
14. Insolvency of employer.– (1) Where any employer has entered int o a contract with
any insurers in respect of any liability under this Act to any workman, then in the event of the
employer becoming insolvent or making a composition or scheme of arrangement with his
creditors or, if the employer is a company, in the even t of the company having commenced
to be wound up, the rights of the employer against the insurers as respects that liability shall,
notwithstanding anything in any law for the time being in force relating to insolvency or the
winding up of companies, be tr ansferred to and vest in the workman, and upon any such
transfer the insurers shall have the same rights and remedies and be subject to the same
liabilities as if they were the employer, so, however, that the insurers shall not be under any
greater liability to the workman than they would have been under to the employer.
(2) If the liability of the insurers to the workman is less than the liability of the
employer to the workman, the workman may prove for the balance in the insolvency
proceedings or liquidation.
(3) Where in any case such as is referred to in sub -section (1) the contract of the
employer with the insurers is void or voidable by reason of non-compliance on the part of the
employer with any terms or conditions of the contract (other than a stip ulation for the
payment of premia), the provisions of that sub -section shall apply as if the contract were not
void or voidable, and the insurers shall be entitled to prove in the insolvency proceedings or
liquidation for the amount paid to the workman:
Provided that the provisions of this sub -section shall not apply in any case in which
the workman fails to give notice to the insurers of the happening of the accident and of any
resulting disablement as soon as practicable after he becomes aware of the inst itution of the
insolvency or liquidation proceedings.
(4) There shall be deemed to be included among the debts which under section
49 of the
2
[Insolvency (Karachi Division) Act
3
], 1909, or under section 61 of the Provincial
1Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, s. 9.
2Substituted for the words “Insolvency (Karachi Division and Dacca) Act” by the Federal Laws (Revision and Declaration)
Ordinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary), dated, July 8, 1981 , pp. 345-475, s. 3
and Second Schedule.
3III of 1909.
Insolvency Act, 1920
1
, or under section 230 of the
2
[*] Companies Act, 1913 (VII of 1913), are
in the distribution of the property of an insolvent or in the distribution of the assets of a
company being wound up to be paid in priority to all other debts, the amount due in respect
of any compensation the liability wherefor accrued before the date of the order of
adjudication of the insolvent or the date of the commencement of the winding up, as the
case may be, and those Acts shall have effect accordingly.
(5) Where the compensation is a h alf-monthly payment, the amount due in
respect thereof shall, for the purposes of this section, be taken to be the amount of the lump
sum for which the half -monthly payment could, if redeemable, be redeemed if application
were made for that purpose under s ection 7, and a certificate of the Commissioner as to the
amount of such sum shall be conclusive proof thereof.
(6) The provisions of sub -section (4) shall apply in the case of any amount for
which an insurer is entitled to prove under sub -section (3), but otherwise those provisions
shall not apply where the insolvent or the company being wound up has entered into such a
contract with insurers as is referred to in sub-section (1).
(7) This section shall not apply where a company is wound up voluntarily mere ly
for the purposes of reconstruction or of amalgamation with another company.
15.
3
[ * * * * * * * * * ]
16. Returns as to compensation.– The
4
[Provincial Government] may, by notification in
the Gazette of India, direct that every person employing workmen, or that any specified class
of such persons, shall send at such time and in such form and to such authority, as may be
specified in the notification, a correct return specifying the number of injuries in respect of
which compensation has been paid by the employer during the previous year and the
amount of such compensation, together with such other particulars as to the compensation
as the
5
[Provincial Government] may direct.
17. Contracting out .– Any contract or agreement whether made before or after the
commencement of this Act, whereby a workman relinquishes any right of compensation from
the employer for personal injury arising out of or in the course of the employment, shall be
null and void in so far as it purports to remove or reduce the liabilit y of any person to pay
compensation under this Act.
18. Proof of age .– Where any question arises as to the age of a person injured by
accident arising out of and in the course of his employment in a factory,
6
[a valid certificate
granted in respect of such person under section 12 or section 52 of the Factories Act, 1934
7
],
before the occurrence of the injury shall be conclusive proof of the age of such person.
8
[18A. Penalties.– (1) Whoever,–
1V of 1920.
2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated
25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1).
3Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette
(Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 6.
4Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
5Substituted for the words “the Governor-General in Council” by the Order ibid.
6Substituted for the words “a certificate granted in respect of such person under s. 8 or s. 9 of the Indian Factories Act, 1911” by
the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part -IV,
dated April 15, 1938, pp. 119-122, s. 18.
7XXV of 1934.
8Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, s. 11.
(a) fails to maintain a notice -book which he is required to main tain under sub -
section (3) of section 10, or
(b) fails to send to the Commissioner a statement which he is required to send
under sub-section (1) of section 10A, or
(c) fails to send a report which he is required to send under section 10B, or
(d) fails to make a return which he is required to make under section 16,
1
[or
(e) fails to affix the abstracts of this Act and of the rule s as required by section
10D].shall be punishable with fine which may extend to
2
[five thousand rupees
but not less than one thousand rupees.]
3
[(1A)
4
[* * * * * * * * * ]]
(2) No prosecution under this section shall be instituted except by or with the
previous sanction of a Commissioner, and no Court shall take cognizance of any offence
under this section, unless complaint ther eof is made within six months of the date on which
the offence is alleged to have been committed.]
CHAPTER III
Commissioners
19. Reference to Commissioners.– (1) If any question arises in any proceedings
under this Act as to the liability of any person to pay compensation (including any question
as to whether a person injured is or is not a workman) or as to the amount or duration of
compensation (including any question as to the nature or extent of disablement), the
question shall, in default of agreement, be settled by
5
[a Commissioner].
(2) No Civil Court shall have jurisdiction to settle, decide or deal with any
question which is by or under this Act required to be settled, decided or dealt with by a
Commissioner or to enforce any liability incurred under this Act.
20. Appointment of Commissioners .– (1) The
6
[Provincial Government] may, by
notification in the
7
[Official Gazette], appoint any person to be a Commissioner for
Workmen's Compensation for such local area as may be specified in the notification.
8
[(2) Where more than one Commissioner has been appointed for any local area,
the
9
[Provincial Government] may, by general or special order, regulate the distribution of
business between them.]
1Added by th e Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan
(Extraordinary), dated March 16, 1957, pp. 583-586, s. 8.
2Substituted for the words “one hundred rupees” by the Punjab Workmen‟s Compensation (Amendment) Act , 2013 (XXVII of
2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 7.
3Inserted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary),
dated April 13, 1972, pp. 485-519, s. 2 and First Schedule.
4Omitted by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette of Pakistan
(Extraordinary), dated February 7, 1973, pp. 37-38, s. 5.
5Substituted for the words “the Commi ssioner” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933),
published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 12.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
7Substituted for the words “local official Gazette” by the Order ibid.
8Inserted by the Workmen‟s Compensation (Am endment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, clause (a) of s. 13.
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
1
[(3)] Any Commissioner may, for the purpose of deciding any matter referred to
him for decision under this Act, choose one or more persons possessing special knowledge
of any matter relevant to the matter under inquiry to assist him in holding the inquiry.
2
[(4)] Every Commissioner shall be deemed to be a public se rvant within the
meaning of the
3
[Pakistan] Penal Code
4
.
21. Venue of proceedings and transfer .– (1) Where any matter is under this Act to be
done by or before a Commissioner, the same shall, subject to the provisions of this Act and
to any rules made here under, be done by or before
5
[a Commissioner] for the local area in
which the accident took place which resulted in the injury:
Provided that, where the workman is the master of a
6
[*] ship or a seaman, any such
matter may be done by or before
7
[a Commissioner] for the local area in which the owner or
agent of the ship resides or carries on business.
(2) If a Commissioner is satisfied
8
[that any matter arising out of any proceedings
pending before him] can be more conveniently dealt with by any other Commissioner,
whether in the same province or not, he may subject to rules made under this Act, order
such matter to be transferred to such other Commissioner either for report or for disposal,
and, if he does so, shall forthwith transmit to such other Commissio ner all documents
relevant for the decision of such matter and, where the matter is transferred for disposal,
shall also transmit in the prescribed manner any money remaining in his hands or invested
by him for the benefit of any party to the proceedings:
9
[Provided that the Commissioner shall not, where any party to the proceedings has
appeared before him, make any order of transfer relating to the distribution among
dependants of a lump sum without giving such party an opportunity of being heard:]
Provided
10
[further] that no matter other than a matter relating to the actual payment
a workman or the distribution among the dependants of a lump sum shall be transferred for
disposal under this sub -section to a Commissioner in the same province save with the
previous sanction of the
11
[Provincial Government] or to a Commissioner in another province
save with the previous sanction of
12
[the Provincial Government of that Province], unless all
the parties to the proceedings agree to the transfer.
(3) The Commissio ner to whom any matter is so transferred shall, subject to
rules made under this Act, inquire there into and, if the matter was transferred for report,
return his report thereon or, if the matter was transferred for disposal, continue the
proceedings as if they had originally commenced before him.
1Renumbered by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV,
dated October 6, 1933, pp. 161-167, clause (b) of s. 13.
2Ibid.
3Substituted for the word “India” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4 ,
dated 25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1).
4XLV of 1860.
5Substituted for the words “the Commissioner” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933),
published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a) of s. 14.
6Omitted the word “registered” by the Act ibid.
7Substituted for the words “the Commissioner” by the Act ibid.
8Substituted for the words “by any party to any proceedings pending before him that such matter” by the Workmen‟s Compensation
(Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part -IV, dated April 15, 1938, pp. 119-122, clause
(a) of s. 9.
9Inserted by the Act ibid., clause (b) of s. 9.
10Ibid.
11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
12Substituted for the words “the Governor-General in Council” by the Order ibid., s. 3 and the Schedule.
(4) On receipt of a report from a Commissioner to whom any matter has been
transferred for report under sub-section (2), the Commissioner by whom it was referred shall
decide the matter referred in conformity with such report.
1
[(5) The
2
[Provincial Government] may transfer any matter from any
Commissioner appointed by it to any other Commissioner appointed by it.]
22. Form of application .– (1) No application for the settlement of any matter by a
Commissioner
3
[, other than an application by a dependent or dependents for compensation]
shall be made unless and until some question has arisen between the parties in connection
therewith which they have been unable to settle by agreement.
(2)
4
[An application to a Commis sioner] may be made in such form and shall be
accompanied by such fee, if any, as may be prescribed, and shall contain, in addition to any
particulars which may be prescribed, the following particulars, namely:–
(a) a concise statement of the circumstances in which the application is made
and the relief or order which the applicant claims;
(b) in the case of a claim for compensation against an employer, the date of
service of notice of the accident on the employer and, if such notice has not
been served or has not been served in due time, the reason for such
omission;
(c) the names and addresses of the parties; and
(d)
5
[except in the case of an application by dependents for compensation,] a
concise statement of the matters on which agreement has and
6
[of] those on
which agreement has not been come to.
(3) If the applicant is illiterate or for any other reason is unable to furnish the
required information in writing, the application shall, if the applicant so desires, be prepared
under the direction of the Commissioner.
7
[22A. Power of Commissioner to require further deposit in cases of fatal accident .–
(1) Where any sum has been deposited by an employer as compensation payable in respect
of a workman whose injury has resulted in death, and in the opinion of t he Commissioner
such sum is insufficient, the Commissioner may, by notice in writing stating his reasons, call
upon the employer to show cause why he should not make a further deposit within such time
as may be stated in the notice.
(2) If the employer fa ils to show cause to the satisfaction of the Commissioner, the
Commissioner may make an award determining the total amount payable, and requiring the
employer to deposit the deficiency].
23. Powers and procedure of Commissioners .– The Commissioner shall ha ve all the
powers of a Civil Court under the Code of Civil Procedure, 1908
8
, for the purpose of taking
1Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, dated
October 6, 1933, pp. 161-167, clause (b) of s. 14.
2Substituted for the words “Local Government” by the Governmen t of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.
3Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), publi shed in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, clause (a) of s. 15.
4Substituted for the words “Where any such question has arisen, the application” by the Act ibid., clause (b)(i) of s. 15.
5Inserted by the Act ibid., clause (b)(ii) of s. 15.
6Substituted for the word “on” by the Repealing and Amending Act, 1925 (XXXVII of 1925), published in the Gazette of India,
Part-IV, dated October 3, 1925, p. 67, s. 2 and First Schedule.
7Inserted by the Workmen‟s Compensation (Amendment) Ac t, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, s. 16.
8V of 1908.
evidence on oath (which such commissioner is hereby empowered to impose) and of
enforcing the attendance of witnesses and compelling the production of do cuments and
material objects
1
[and the Commissioner shall be deemed to be a Civil Court for all the
purposes of section 195 and of Chapter XXXV of the Code of Criminal Procedure, 1898.
2
]
24. Appearance of parties.– Any appearance, application or act required to be made or
done by any person before or to a Commissioner (other than an appearance of a party which
is required for the purpose of his examination as a witness) may be made or done on behalf
of such person by a legal practitioner or
3
[by an official of an Insurance Company or
registered Trade Union authorized in writing by such person or, with the permission of the
Commissioner, by any other person so authorized.]
25. Method of recording evidence .– The Commissioner shall make a brief
memorandum of th e substance of the evidence of every witness as the examination of the
witness proceeds, and such memorandum shall be written and signed by the Commissioner
with his own hand and shall form part of the record:
Provided that if the Commissioner is prevented from making such memorandum, he
shall record the reason of his inability to do so and shall cause such memorandum to be
made in writing from his dictation and shall sign the same, and such memorandum shall form
part of the record:
Provided further that th e evidence of any medical witness shall be taken down as
nearly as may be word for word.
26. Costs.– All costs incidental to any proceedings before a Commissioner, shall,
subject to rules made under this Act, be in the discretion of the Commissioner.
27. Power to submit cases .– A Commissioner may, if he thinks fit, submit any
question of law for the decision of the
4
[Tribunal] and, if he does so, shall decide the question
in conformity with such decision.
28. Registration of agreements.– (1) Where the amount of any lump sum payable as
compensation has been settled by agreement, whether by way of redemption of a half -
monthly payment or otherwise, or where any compensation has been so settled as being
payable
5
[to a woman or a person under a legal disability]
6
[* * *], a memorandum thereof
shall be sent by the employer to the Commissioner, who shall, on being satisfied as to its
genuineness, record the memorandum in a register in the prescribed manner:
Provided that,–
(a) no such memorandum shall be recorded be fore seven days after
communication by the Commissioner of notice to the parties concerned;
(b)
7
[* * * * * * * * * ]
1Added by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part -IV, dated
April 12, 1929, pp. 21-23, s. 5.
2V of 1898.
3Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab,
Part-IV, dated April 15, 1938, pp. 119-122, s. 10.
4Substituted for the words “High Court” by the Labour La ws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of
Pakistan (Extraordinary), Part I, dated January 25, 1975, pp. 18-20, s. 2 and the Schedule.
5Substituted for the words “to a person under a legal disability” by the Workmen‟s Compensation ( Amendment) Act, 1929 (V of
1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (a) of s. 6.
6Omitted the words “or to a dependent” by the Repealing and Amending Act, 1924 (VII of 1924), published in the Gazette of
India, Part-IV, dated March 22, 1924, pp. 71-72, s. 2 and the Second Schedule.
7Omitted by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated
April 12, 1929, pp. 21-23, clause (b) of s. 6.
(c) the Commissioner may at any time rectify the register;
(d) where it appears to the Commissioner that an agreement as to the payment
of a lump sum whether by way of redemption of a half -monthly payment
or an agreement as to the amount of compensation payable
1
[to a woman or a
person under a legal disability]
2
[* * * ], ought not to be registered by reason of
the inadequacy of the sum or amount, or by reason of the agreement having
been obtained by fraud or undue influence or other improper means, he may
refuse to record the memorandum of the agreement
3
[and may make such
order], including an order as to any sum already paid under t he agreement,
as he thinks just in the circumstances.
(2) An agreement for the payment of compensation which has been registered
under sub-section (1) shall be enforceable under this Act notwithstanding anything contained
in the
4
[*] Contract Act, 1872
5
, or in any other law for the time being in force.
29. Effect of failure to register agreement .– Where a memorandum of any
agreement, the registration of which is required by section 28, is not sent to the
Commissioner as required by that section, the employer shall be liable to pay the full amount
of compensation which he is liable to pay under the provisions of this Act, and
notwithstanding anything contained in the proviso to sub -section (1) of section 4, shall not,
unless the Commissioner otherwise directs , be entitled to deduct more than half of any
amount paid to the workman by way of compensation whether under the agreement or
otherwise.
30. Appeals.– (1) An appeal shall lie to the
6
[Tribunal] from the following orders of a
Commissioner, namely:–
(a) an order awarding as compensation a lump sum whether by way of
redemption of a half -monthly payment or otherwise or disallowing a claim in
full or in part for a lump sum;
(b) an order refusing to allow redemption of a half-monthly payment;
(c) an order providing for the distribution of compensation among the dependants
of a deceased workman, or disallowing any claim of a person alleging himself
to be such dependant;
(d) an order allowing or disallowing any claim for the amount of an indemnity
under the provisions of sub-section (2) of section 12; or
(e) an order refusing to register a memorandum of agreement or registering the
same of providing for the registration of the same subject to conditions:
Provided that no appeal shall lie against any order unless a substantial question of
law is involved in the appeal and, in the case of an order other than an order such as is
referred to in clause (b), unless the amount in dispute in the appeal is not less than
7
[five
thousand] rupees:
1Substituted for the words “to a person under a legal disability” by the Act ibid., clause (a) of s. 6.
2Omitted the words “or to any dependent” by the Repealing and Amending Act, 1924 (VII of 1924), published in the Gazette of
India, Part-IV, dated March 22, 1924, pp. 71-72, s. 2 and the Second Schedule.
3Substituted for the words “or may make such order” by the Act ibid., s. 2 and the First Schedule.
4Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated
25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1).
5IX of 1872.
6Substituted for the words “High Court” by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazett e of
Pakistan (Extraordinary), Part I, dated January 25, 1975, pp. 18-20, s. 2 and the Schedule.
7Substituted for the words ”three hundred” by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013),
published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 8.
Provided, further, that no ap peal shall lie in any case in which the parties have
agreed to abide by the decision of the Commissioner, or in which the order of the
Commissioner gives effect to an agreement come to by the parties:
1
[Provided further that no appeal by an employer under clause (a) shall lie unless the
memorandum of appeal is accompanied by a certificate by the Commissioner to the effect
that the appellant has deposited with him the amount payable under the order appealed
against.]
(2) The period of limitation for an appeal under this section shall be sixty days.
(3) The provisions of section 5 of the
2
[*] Limitation Act
3
, 1908 shall be applicable
to appeals under this section.
4
[(4)
5
[* * * * * * * * * ]]
6
[30A. Withholding of certain payments pending decision of appeal .– Where an
employer makes an appeal under clause (a) of sub -section (1) of section 30, the
Commissioner may, and if so directed by the
7
[Tribunal] shall pending the decision of the
appeal, withhold payment of any sum in deposit with him.]
31. Recovery.–
8
[(1)] The Commissioner, may recover as an arrear of land -revenue any
amount payable by any person under this Act, whether, under an agreement for the payment
of compensation or otherwise and the Commissioner shall be deemed to be a public officer
within the meaning of section 5 of the Revenue Recovery Act, 1890
9
.
10
[(2) Without prejudice to the provisions of sub -section (1), the Commissioner may
recover in the prescribed manner any amount referred to therein by distress and sale of the
movable property belonging to the person by whom the amount is payable, or by attachment
and sale of the immovable property belonging to such person.]
CHAPTER IV
Rules
32. Power of the Governor General in Council to make rules .– (1) The
11
[Provincial
Government] may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:–
1Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, s. 17.
2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated
25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1).
3IX of 1908.
4Inserted by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of Pakistan (Extraordinary), Part I,
dated January 25, 1975, pp. 18-20, s. 2 and the Schedule.
5Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette
(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (b) of s. 8.
6Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, s. 18.
7Substituted for the words “High Court” by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of
Pakistan (Extraordinary), Part I, dated January 25, 1975, pp. 18-20, s. 2 and the Schedule.
8Re-numbered by the Labour Laws ( Amendment) Act, 1976 (XI o f 1976), published in the Gazette of Pakistan (Extraordinary),
dated April 16, 1976, pp. 201-475, s. 2 and the Schedule.
9I of 1890.
10Added by the Labour Laws (Amendment) Act, 1976 (XI o f 1976), published in the Gazette of Pakista n (Extraordinary), dated
April 16, 1976, pp. 201-475, s. 2 and the Schedule.
11Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
(a) for prescribing the intervals at which and the conditions su bject to which and
application for review may be made under section 6 when not accompanied
by a medical certificate;
(b) for prescribing the intervals at which and the conditions subject to which a
workman may be required to submit himself for medical exam ination under
sub-section (1) of section 11;
(c) for prescribing the procedure to be followed by Commissioners in the disposal
of cases under this Act and by the parties in such cases;
(d) for regulating the transfer of matters and cases from one Commissioner to
another and the transfer of money in such cases;
(e) for prescribing the manner in which money in the hands of a Commissioner
may be invested for the benefit of dependants of a deceased workman and
for the transfer of money so invested from one Commissioner to another;
1
[(ee) for prescribing the manner in which any balance of money may under sub -
section (4) of section 8 be transferred to a fund or funds for the benefit of
workmen and for the establishment and administration of such fund or funds;]
(f) for the representation in proceedings before Commissioners of parties who
are minors or are unable to make an appearance;
(g) for prescribing the form and manner in which memoranda of agreements shall
be presented and registered;
(h) for the withholding by Commissioners, whether in whole or in part of half -
monthly payments pending decision on applications for review of the same;
2
[*]
3
[(i) for regulating the scales of costs which may be allowed in proceedings under
this Act;
(j) for prescribing and dete rmining the amount of the fees payable in respect of
any proceedings before a Commissioner under this Act;
(k) for the maintenance by Commissioners of registers and records of
proceedings before them;
(l) for prescribing the classes of employers who shall maintain notice-book under
sub-section (3) of section 10, and form of such notice-books;
(m) for prescribing the form of statement to be submitted by employers under
section 10A;
4
[
5
[*]]
(n) for prescribing the cases in which the report referred in to section 10B may be
sent to any authority other than the Commissioner]
6
[
7
[; and]]
1Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan
(Extraordinary), dated March 16, 1957, pp. 583-586, clause (1) of s. 9.
2Omitted the word “and” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India
(Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
3Inserted by the Order ibid.
4Ibid.
5Omitted the word “and” by the Workmen‟ s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of
Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (2) of s. 9.
6Omitted the word “and” by the Government of India (Adaptation of Indian Laws) Order, 1937, publ ished in the Gazette of India
(Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
7Added the semi-colon and the word “and” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in
the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (3) of s. 9.
1
[(o) for prescribing the abstracts of this Act and of the rules required by section
10D.]
33.
2
[ * * * * * * * * * ]
34. Publication of rules.– (1) The power to make rules c onferred by
3
[section 32] shall
be subject to the condition of the rules being made after previous publication.
(2) The date to be specified in accordance with clause (3) of section 23 of the
General Clauses Act, 1897
4
, as that after which a draft of rules proposed to be made under
section 32
5
[* * *] will be taken into consideration, shall not be less than three months from
the date on which the draft of the purposed rules was published for general information.
(3) Rules so made shall be published in
6
[* *] the
7
[Official Gazette],
8
[* * *], and,
on such publication, shall have effect as if enacted in this Act.
9
[35.
10
[ * * * * * * * * * ]
1Added by the Act ibid., clause (4) of s. 9.
2Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary),
dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
3Substituted for the words and figures “sections 32 and 33” by the Government of India (Adaptation of Indian Laws) Order,
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
4X of 1897.
5Omitted the words and figure “or section 33” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.
6Omitted the words “the Gazette of India or” by the Order ibid.
7Substituted for the words “local official Gazette” by the Order ibid., s. 4 and Table of General Adaptations.
8Omitted the words “as the case may be” by the Order ibid., s. 3 and the Schedule.
9Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV,
dated October 6, 1933, pp. 161-167, s. 20.
10Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette
(Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 9.
1
[SCHEDULE I
[See
2
[sections 2(1) and 4]]
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL
DISABLEMENT
Sl.No. Description of injuries Percentage of loss
of earning capacity
1. Loss of both hands or amputation at higher sites 100
2. Loss of a hand and a foot 100
3. Double amputation through leg or thigh, or amputation
through leg or thigh on one side and loss of other foot
100
4. Loss of sight to such an extent as to render the claimant
unable to perform any work for which eye-sight is essential
100
5. Very severe facial disfigurement 100
6. Absolute deafness 100
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL
DISABLEMENT
Amputation cases– Upper limbs (either arm)
1. Amputation through shoulder joint 90
2. Amputation below shoulder with stump less than 8" from tip of
acromion
80
3. Amputation from 8" from tip of acromion to less than 4 -1/2" below
tip of olecranon
70
4. Loss of a hand or of the thumb and four fingers of one hand or
amputation from 4-1/2" below tip of olecranon
60
5. Loss of thumb 30
6. Loss of thumb and its metacarpal bone 40
7. Loss of four fingers of one hand 50
8. Loss of three fingers of one hand 30
9. Loss of two fingers of one hand 20
10. Loss of terminal phalanx of thumb 20
Amputation cases-Lower limbs
11. Amputation of both feet resulting in end-bearing stumps 90
12. Amputation through both feet proximal to the metatarso-phalangeal
joint
80
13. Loss of all toes of both feet through the metatarso-phalangeal joint 40
14. Loss of all toes of both feet proximal to the proximal inter -
phalangeal joint
30
1Substituted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan
(Extraordinary), dated April 13, 1972, pp. 485-519, s. 2 and the Second Schedule.
2Substituted for the word, brackets and figures “section 2(1) and (4)” by the Act ibid., s. 2 and the Schedule.
15. Loss of all toes of both feet distal to the proximal i nter-phalangeal
joint
20
16. Amputation at hip 90
17. Amputation below hip with stump not exceeding 5" in length
measures from tip of great trochanter
80
18. Amputation below hip with stump exceeding 5" in length measured
from tip of great trochanter but not beyond middle thigh
70
19. Amputation below middle thigh to 3-I/2" below knee 60
20. Amputation below knee with stump exceeding 3 -1/2" but not
exceeding 5"
50
21. Amputation below knee with stump exceeding 5" 40
22. Amputation of one foot resulting in end-bearing 30
23. Amputation through one foot proximal to the metatarso -phalangeal
joint
30
24. Loss of all toes of one foot through the metatarso-phalangeal joint 20
Other injuries
25. Loss of one eye, without complications, the other being normal 40
26. Loss of vision of one eye without complication or disfigurement of
eyeball, the other being normal
30
Fingers of right/left hand index finger
27. Whole 14
28. Two phalanges 11
29. One phalanx 9
30. Guillotine amputation of tip without loss of bone. 5
Middle finger
31. Whole 12
32. Two phalanges 9
33. One phalanx 7
34. Guillotine amputation of tip without loss of bone 4
Ring or little finger
35. Whole 7
36. Two phalanges 6
37. One phalanx 5
38. Guillotine amputation of tip without loss of bone 2
Toes of right or left foot great toe
39. Through metatarso-phalangeal joint. 14
40. Part, with some loss of bone 3
Any other toe
41. Through metatarso-phalangeal joint 3
42. Part, with some loss of bone 1
Two toes of one foot, excluding great toe
43. Through metatarso-phalangeal joint 5
44. Part, with some loss of bone 2
Three toes of one foot, excluding great toe
45. Through metatarso-phalangeal joint 6
46. Part, with some loss of bone 3
Four toes of one foot, excluding great toe
47. Through metatarso-phalangeal joint 9
48. Part, with some loss of bone 3]
SCHEDULE II
[See section 2 (1) (n)]
List of persons who, subject to the provisions of section 2 (1) (n), are included in
the definition of workman.
The following persons are workmen within the meaning of section 2 (1) (n) and
subject to the provisions of that section, that is to say, any person who is –
1
[(i) employed, otherwise than
2
[* * *] on a railway, in connection with the operation or
maintenance of
3
[a lift or a vehicle propelled by steam or other mechanical power or
by electricity]; or
(ii) employed,
4
[* * *], in any premises wherein, or within the precincts whereof, on any
one day of the preceding twelve months, ten or more persons have been employed
in any manufacturing process, as defined in
5
[clause (g) of section 2 of the Factories
Act, 1934
6
], or in any kind of work whatsoever incidental to or connected with any
such manufacturing process or with the article made, and steam, water or other
mechanical power or electrical power is used
7
[
8
[* * *]]; or
(iii) employed
9
[in any place to which section 5 of the Factories Act, 1934
10
has been
applied or] for the purpose of making, altering, repairing, ornamenting, finishing or
1Substituted for clauses (i) to (xiii) by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the
Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 12.
2Omitted the words “in a clerical capacity or” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published
in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (a) of s. 6.
3Substituted for the word s “mechanically propelled vehicles” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of
1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 11.
4Omitted the words “otherwise than in a clerical capacity” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of
1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (3) of s. 10.
5Substituted for the words, brackets and figures “clause (4) of section 2 of the Indian Factories Act, 1911” by the Workmen‟s
Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part -IV, dated April 15,
1938, pp. 119-122, clause (b) of s. 11.
6XXV of 1934.
7Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan
(Extraordinary), dated March 16, 1957, pp. 583-586, clause (1) of s. 10.
8Omitted the words “but not person‟s employed solely in a clerical capacity in any room or place where no manufacturing
process is being carried on” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette
of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (b) of s. 6.
9Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan
(Extraordinary), dated March 16, 1957, pp. 583-586, clause (2) of s. 10.
10XXV of 1934.
otherwise adapting for us, transport or sale any article or part of an article in any
premises wherein or within precincts whereof on any one day of the preceding twelve
months, fifty or more persons have been so employed; or
(iv) employed in the manufacture or handling of explosives in any premises whe rein, or
within the precincts whereof, on any one day of the preceding twelve months, ten or
more persons have been so employed; or
(v) employed in any mine as defined in clause (f) of section 3 of the Mines Act, 1923
1
, in
any mining operation, or in any k ind of work,
2
[* * * *] incidental to or connected with
any mining operation or with the mineral obtained, or in any kind of work whatsoever
below ground:
Provided that any excavation in which on no day of the preceding twelve months
more than fifty perso ns have been employed or explosives have been used and
whose depth from its highest to its lowest points does not exceed twenty feet, shall
be deemed not to be a mine for purpose of this clause; or
(vi)
3
[* * * * * * * * * ]
(vii) [* * * * * * * * * ]
(vii-a) [* * * * * * * * * ]
(viii) employed in the construction, repair or demolition of–
4
[(a) any building or structure; or]
(b) any dam or embankment which is twenty feet or more in height from its lowest to
its highest point; or
(c) any road, bridge, or tunnel; or
(d)
5
[ * * * * * * * * ]
(ix) employed in setting up, repairing maintaining, or taking down any telegraph or
telephone line or post of any overhead electric line or cable or post of standard for
the same; or
(x) employed
6
[* * *] i n the construction, working, repair or demolition of any aerial
ropeway, canal pipeline, or sewer; or
(xi) employed in the service of any fire-brigade; or
(xii) employed upon railway as defined in clause (4) of section 3, and subsection (1) of
section 148 of the Railways Act, 1890 (IX of 1890), either directly or through a sub -
contractor, by a person fulfilling a contract with the railway administration; or
(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail
Service, or employed in any occupation ordinarily involving out -door work in the
7
[* *]
1IV of 1923.
2Omitted the commas and words “, other than clerical work,” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of
1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (c) of s. 6.
3Omitted the clauses (vi), (vi i) and (viiia) by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013),
published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 10.
4Substituted by the Workmen‟s Compensation (Amendment ) Act, 1957 (XI of 1957), published in the Gazette of Pakistan
(Extraordinary), dated March 16, 1957, pp. 583-586, clause (4) of s. 10.
5Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette
(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (b) of s. 10.
6Omitted the commas and words “, otherwise than in a clerical capacity,” by the Workmen‟s Compensation (Amendment) Act,
1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6.
7Omitted the word “India” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated
25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1).
posts and Telegraphs Department; or
(xiii-a)
1
[* * * * * * * * * ]
(xiv) employed
2
[* * *] in connection with operations for winning natural petroleum or
natural gas; or
(xv) employed in any occupation involving blasting operation; or
(xvi) employed in the making of excavation in which on any one day of the preceding
twelve months more than
3
[twenty-five] persons have been employed or explosive
have been used, or whose dept h from its highest to its lowest point exceeds twenty
feet; or
(xvii) employed in the operation of any ferry boat capable of carrying more than ten
persons; or
(xviii) employed,
4
[* * *] on any estate which is maintained for the purpose of growing
cinchona, coffee, rubber or tea, and on which on any one day in the preceding twelve
months twenty-five or more persons have been so employed; or
(xix) employed
5
[* * *] in the generating, transforming, or supplying of electrical energy or
in the generating or supplying of gas, or
(xx) employed in a lighthouse as defined in clause (d) of section 2 of the Lighthouse Act,
1927 (XVII of 1927); or
(xxi) employed in producing cinematograph pictures intended for public exhibition are in
exhibiting such picture; or
(xxii) employed in the training, keeping or working of elephants or wild animals; or
6
[(xxiii) employed in the tapping of palm -trees or the felling or logging of trees, or the
transport of timber by inland waters, or the control or extinguishing of forest fires; or
(xxiv) employed in operations for the catching or hunting of elephants or other wild animals;
or ]
7
[(xxv)] employed as a driver:
8
[(xxvi) employed in the handling or transport of goods in, or within the precinct of,–
(a) any warehouse o r other place in which goods are stored, and in which on any
one day of the preceding twelve months ten or more persons have been so
employed, or
(b) any market in which on any one day of the preceding twelve months one hundred
or more persons have been so employed; or
(xxvii) employed in any occupation involving the handling and manipulation of radium or X -
1Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette
(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 10.
2Omitted the commas and words “, otherwise than in a clerical capacity,” by the Workmen‟s Compensation (Amendment) Act,
1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6.
3Substituted for the word “fifty” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette
of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (5) of s. 10.
4Omitted the commas and words “, otherwise than in a cleri cal capacity,” by the Workmen‟s Compensation (Amendment) Act,
1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6.
5Omitted the commas and words “, otherwise than in a clerical capacity,” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV
of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6.
6Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV,
dated April 15, 1938, pp. 119-122, clause (c) of s. 11.
7Re-numbered by the Act ibid., clause (d) of s. 11.
8Inserted by the Act ibid., clause (d) of s. 12.
rays apparatus, or contact with radioactive substances.]
Explanation.– in this Schedule “the preceding twelve months” relates in any particular case
to the twelve months ending with the day on which the accident in such case occurred.
1
[(xxviii) employed as drivers, cleaners, conductors and checkers by Road Transport Service
as defined in Sub-section (7) of section 2 of the Road Transport Workers Ordin ance,
1961 (Ordinance XXVIII of 1961).]
1Added by Notification 1 -I-L-IV/65(II), dated December 13, 1965, published in the Gazette of Pakistan , Part-I, dated January 7, 1966,
p.13.
SCHEDULE III
(See section 3)
List of occupational diseases
Occupational disease Employment
1
[PART A
Anthrax - - - - - - - - - - Any employment–
(a) involving the handling of wool, ha ir, bristles or
animal carcases or parts or such carcases,
including hides, hoofs and horns, or
(b) in connection with animals infected with
anthrax, or
(c) involving the loading, unloading or transport of
any merchandise.
Compressed air illness or its
sequelae.
Any process carried on in compressed air.
Positioning by lead tetra - ethyl Any process involving the use of lead tetra-ethyl.
Poisoning by nitrous fumes. Any process involving exposure to nitrous fumes.]
PART B
Lead poisoning or its seq uelae
2
[excluding poisoning by lead tetra
ethyl].
Any process involving the use of lead
3
[or any of its
preparations or compounds except lead tetra-ethyl].
Phosphorus poisoning or its sequelae Any process involving the use of phosphorus or its
preparations or compounds.
4
[Mercury poisoning or its sequelae. Any process involving the use of mercury or its
preparations or compounds.
Poisoning by benzene and its
homologues, or the sequelae of such
poisoning.
Handling benzene or any of its homologues and
any process in the manufacture or involving the use
of benzene or any of its homologues.
Chrome ulceration or its sequelae. Any process involving the use of chronic acid or
bichromate of ammonium, potassium or sodium, or
their preparations.
5
[Arsenical poisoning or its sequelae. Any process involving the production, liberation or
utilization of arsenic or its compounds.
Pathological manifestations due to-
(a) radium and other radio -
active substances;
(b) X-rays.
Any process involving exposure to the action of
radium, radio-active substances, or X-rays.
Primary epitheliomatous cancer of the Any process involving the handling or use of tar,
1Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab,
Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 12.
2Added by the Act ibid., clause (b) of s. 12.
3Substituted for the words “or its preparations or compounds” by the Act ibid.
4Added by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated
October 6, 1933, pp. 161-167, s. 22.
5Substituted for the words “Compressed air illness or its sequelae” by the Workmen‟s Compensation (Amendment) Act, 1938
(IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (c) of s. 12.
skin. pitch, bitumen, mineral oil, paraffin, or the
compounds, products or residues of these
substances.]
1
[Silicosis Any process involving the grinding, cleaning, fitting,
casting and crushing of stones].
1Added by S.R.O. 581, published in the Gazette of Pakistan, dated December 11, 1959, p. 552.
1
[SCHEDULE IV
(See section 4)
Compensation payable in certain cases
2
[* * * *]
Amount of Compensation for
Half monthly payment
as compensation for
temporary
disablement
Death Permanent total
disablement
1 2 3 4
3
[***]
Rs. Rs. ½ of the monthly
wages during the
period of disablement
or a period of one
year, reckoned from
the date of injury,
whichever is less and
thereafter only in the
case of chro nic lung
diseases 1/3 of the
monthly wages
during the period of
disablement or for a
period of 5 years,
reckoned from the
date of injury,
whichever is less.]
4
[4,00,000]
5
[4,00,000]
1Substituted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary ),
Part I, dated June 29, 1994, pp. 224-235, whereas the Schedule IV was earlier substituted by the Finance Act, 1986 (Act I of
1986); and published in the Gazette of Pakistan (Extraordinary), Part I, dated 29.6.1986, s.4 and Second Schedule, which was
again substituted by the Labour Laws (Amendment) Act, 1994 (Act XI of 1994), Gazette of Pakistan (Extraordinary), Part I,
June 29, 1994, pp. 224-235.
2Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette
(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 11.
3Ibid.
4Substituted for the figure “2,00,000” by the Act ibid., clause (b) of s. 11.
5Ibid.This law in the library
Follow the instruments and provisions named in this source edition, and the laws that cite it. Citation links identify the text being referred to; legal effect and current force require separate examination.
Instruments cited by this law 10
References to provisions in this text 33
Section 20
Open the identified operative provision
Read reference in context
ectively a person who is not and a person who is under the age of fifteen years; (b) "Commissioner" means a Commissioner for Workmen's Compensation appointed under section 20; (c) "compensation" means compensation as provided for by this Act; 4 [(d) "dependent" means any of the following relatives of a deceased workman, namely:– (i) a 5 [widow], minor legitimate son and unmarried legitim
Section 31
Open the identified operative provision
Read reference in context
en obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner hereinafter provided in section 31.] 9. Compensation not to be assigned, attached or charged .– Save as provided by this Act, no lump sum or half -monthly payment payable under this Act shall in any way be capable of being assigned or charged or be liable t
Section 3
Open the identified operative provision
Read reference in context
5 [three years] from the date of death]: Provided that, where the accident is the contracting of a disease in respect of which the provisions of sub-section (2) of section 3 are applicable, the accident shall be deemed to have occurred on the first of the days during which the workman was continuously absent from work in consequence of the disablement caused by the disease: 6 [Provided further
Section 4
Open the identified operative provision
Read reference in context
spect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referre d to in clause D of sub -section (1) of section 4, the waiting period shall be increased by the period during which the suspension continues. (6) Where an injured workman has refused to be attended by a qualified medical practitioner whose services have bee n offered to hi
Section 12
Open the identified operative provision
Read reference in context
ompensation was paid to pay damages in respect thereof, the person by whom t he compensation was paid and any person who has been called on to pay an indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages as aforesaid. 14. Insolvency of employer.– (1) Where any employer has entered int o a contract with any insurers in respect of any liability under t
Section 12
Open the identified operative provision
Read reference in context
ge of a person injured by accident arising out of and in the course of his employment in a factory, 6 [a valid certificate granted in respect of such person under section 12 or section 52 of the Factories Act, 1934 7 ], before the occurrence of the injury shall be conclusive proof of the age of such person. 8 [18A. Penalties.– (1) Whoever,–
Section 10
Open the identified operative provision
Read reference in context
njab Gazette, Part -IV, dated October 6, 1933, pp. 161-167, s. 11. (a) fails to maintain a notice -book which he is required to main tain under sub - section (3) of section 10, or (b) fails to send to the Commissioner a statement which he is required to send under sub-section (1) of section 10A, or (c) fails to send a report which he is required to send under section 10B, or (d) fails to mak
Section 10A
Open the identified operative provision
Read reference in context
ired to main tain under sub - section (3) of section 10, or (b) fails to send to the Commissioner a statement which he is required to send under sub-section (1) of section 10A, or (c) fails to send a report which he is required to send under section 10B, or (d) fails to make a return which he is required to make under section 16, 1 [or (e) fails to affix the abstracts of this Act and of the
Section 10B
Open the identified operative provision
Read reference in context
to the Commissioner a statement which he is required to send under sub-section (1) of section 10A, or (c) fails to send a report which he is required to send under section 10B, or (d) fails to make a return which he is required to make under section 16, 1 [or (e) fails to affix the abstracts of this Act and of the rule s as required by section 10D].shall be punishable with fine which may ext
Section 16
Open the identified operative provision
Read reference in context
(1) of section 10A, or (c) fails to send a report which he is required to send under section 10B, or (d) fails to make a return which he is required to make under section 16, 1 [or (e) fails to affix the abstracts of this Act and of the rule s as required by section 10D].shall be punishable with fine which may extend to 2 [five thousand rupees but not less than one thousand rupees.] 3
Section 10D
Open the identified operative provision
Read reference in context
or (d) fails to make a return which he is required to make under section 16, 1 [or (e) fails to affix the abstracts of this Act and of the rule s as required by section 10D].shall be punishable with fine which may extend to 2 [five thousand rupees but not less than one thousand rupees.] 3 [(1A) 4 [* * * * * * * * * ]] (2) No prosecution under this section shall be instituted except by
Section 195
An operative target heading has not been identified. Read the source passage
Read reference in context
of witnesses and compelling the production of do cuments and material objects 1 [and the Commissioner shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXXV of the Code of Criminal Procedure, 1898. 2 ] 24. Appearance of parties.– Any appearance, application or act required to be made or done by any person before or to a Commissioner (other than an appearance
Section 28
Open the identified operative provision
Read reference in context
y other law for the time being in force. 29. Effect of failure to register agreement .– Where a memorandum of any agreement, the registration of which is required by section 28, is not sent to the Commissioner as required by that section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this Act, and notwithstanding anything cont
Section 4
Open the identified operative provision
Read reference in context
full amount of compensation which he is liable to pay under the provisions of this Act, and notwithstanding anything contained in the proviso to sub -section (1) of section 4, shall not, unless the Commissioner otherwise directs , be entitled to deduct more than half of any amount paid to the workman by way of compensation whether under the agreement or otherwise. 30. Appeals.– (1) An appeal s
Section 12
Open the identified operative provision
Read reference in context
son alleging himself to be such dependant; (d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12; or (e) an order refusing to register a memorandum of agreement or registering the same of providing for the registration of the same subject to conditions: Provided that no appeal shall lie against any order unless a subs
Section 30
Open the identified operative provision
Read reference in context
* * * * * * * * ]] 6 [30A. Withholding of certain payments pending decision of appeal .– Where an employer makes an appeal under clause (a) of sub -section (1) of section 30, the Commissioner may, and if so directed by the 7 [Tribunal] shall pending the decision of the appeal, withhold payment of any sum in deposit with him.] 31. Recovery.– 8 [(1)] The Commissioner, may recover as an arre
Section 6
Open the identified operative provision
Read reference in context
1937, pp. 75-344, s. 3 and the Schedule. (a) for prescribing the intervals at which and the conditions su bject to which and application for review may be made under section 6 when not accompanied by a medical certificate; (b) for prescribing the intervals at which and the conditions subject to which a workman may be required to submit himself for medical exam ination under sub-section (1) of s
Section 11
Open the identified operative provision
Read reference in context
prescribing the intervals at which and the conditions subject to which a workman may be required to submit himself for medical exam ination under sub-section (1) of section 11; (c) for prescribing the procedure to be followed by Commissioners in the disposal of cases under this Act and by the parties in such cases; (d) for regulating the transfer of matters and cases from one Commissioner to an
Section 8
Open the identified operative provision
Read reference in context
r the transfer of money so invested from one Commissioner to another; 1 [(ee) for prescribing the manner in which any balance of money may under sub - section (4) of section 8 be transferred to a fund or funds for the benefit of workmen and for the establishment and administration of such fund or funds;] (f) for the representation in proceedings before Commissioners of parties who are minors or a
Section 10
Open the identified operative provision
Read reference in context
ssioners of registers and records of proceedings before them; (l) for prescribing the classes of employers who shall maintain notice-book under sub-section (3) of section 10, and form of such notice-books; (m) for prescribing the form of statement to be submitted by employers under section 10A; 4 [ 5 [*]] (n) for prescribing the cases in which the report referred in to section 10B may be
Section 10A
Open the identified operative provision
Read reference in context
ntain notice-book under sub-section (3) of section 10, and form of such notice-books; (m) for prescribing the form of statement to be submitted by employers under section 10A; 4 [ 5 [*]] (n) for prescribing the cases in which the report referred in to section 10B may be sent to any authority other than the Commissioner] 6 [ 7 [; and]]
Section 10B
Open the identified operative provision
Read reference in context
or prescribing the form of statement to be submitted by employers under section 10A; 4 [ 5 [*]] (n) for prescribing the cases in which the report referred in to section 10B may be sent to any authority other than the Commissioner] 6 [ 7 [; and]] 1Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published
Section 10D
Open the identified operative provision
Read reference in context
ette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (3) of s. 9. 1 [(o) for prescribing the abstracts of this Act and of the rules required by section 10D.] 33. 2 [ * * * * * * * * * ] 34. Publication of rules.– (1) The power to make rules c onferred by 3 [section 32] shall be subject to the condition of the rules being made after previous publication. (2) The date
Section 32
Open the identified operative provision
Read reference in context
of this Act and of the rules required by section 10D.] 33. 2 [ * * * * * * * * * ] 34. Publication of rules.– (1) The power to make rules c onferred by 3 [section 32] shall be subject to the condition of the rules being made after previous publication. (2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 4 , as that after which a dr
Section 32
Open the identified operative provision
Read reference in context
te to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 4 , as that after which a draft of rules proposed to be made under section 32 5 [* * *] will be taken into consideration, shall not be less than three months from the date on which the draft of the purposed rules was published for general information. (3) Rules so made shall be published in 6 [*
Section 33
Open the identified operative provision
Read reference in context
der, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule. 4X of 1897. 5Omitted the words and figure “or section 33” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule. 6Omitted the words “the Gazette of India or” b
Section 2(1)
Open the identified operative provision
Read reference in context
blished in the Gazette of Pakistan (Extraordinary), dated April 13, 1972, pp. 485-519, s. 2 and the Second Schedule. 2Substituted for the word, brackets and figures “section 2(1) and (4)” by the Act ibid., s. 2 and the Schedule. 15. Loss of all toes of both feet distal to the proximal i nter-phalangeal joint 20 16. Amputation at hip 90 17. Amputation below hip with stump not exceeding 5" in leng
Section 2(1)
Open the identified operative provision
Read reference in context
th some loss of bone 3 Four toes of one foot, excluding great toe 47. Through metatarso-phalangeal joint 9 48. Part, with some loss of bone 3] SCHEDULE II [See section 2 (1) (n)] List of persons who, subject to the provisions of section 2 (1) (n), are included in the definition of workman. The following persons are workmen within the meaning of section 2 (1) (n) and subject to the provisions
Section 2(1)
Open the identified operative provision
Read reference in context
7. Through metatarso-phalangeal joint 9 48. Part, with some loss of bone 3] SCHEDULE II [See section 2 (1) (n)] List of persons who, subject to the provisions of section 2 (1) (n), are included in the definition of workman. The following persons are workmen within the meaning of section 2 (1) (n) and subject to the provisions of that section, that is to say, any person who is – 1 [(i) employed
Section 2(1)
Open the identified operative provision
Read reference in context
st of persons who, subject to the provisions of section 2 (1) (n), are included in the definition of workman. The following persons are workmen within the meaning of section 2 (1) (n) and subject to the provisions of that section, that is to say, any person who is – 1 [(i) employed, otherwise than 2 [* * *] on a railway, in connection with the operation or maintenance of 3 [a lift or a vehicle
Section 3
Open the identified operative provision
Read reference in context
on of any aerial ropeway, canal pipeline, or sewer; or (xi) employed in the service of any fire-brigade; or (xii) employed upon railway as defined in clause (4) of section 3, and subsection (1) of section 148 of the Railways Act, 1890 (IX of 1890), either directly or through a sub - contractor, by a person fulfilling a contract with the railway administration; or (xiii) employed as an inspector,
Section 3
Open the identified operative provision
Read reference in context
1Added by Notification 1 -I-L-IV/65(II), dated December 13, 1965, published in the Gazette of Pakistan , Part-I, dated January 7, 1966, p.13. SCHEDULE III (See section 3) List of occupational diseases Occupational disease Employment 1 [PART A Anthrax - - - - - - - - - - Any employment– (a) involving the handling of wool, ha ir, bristles or animal carcases or parts or such carcases,
Section 4
Open the identified operative provision
Read reference in context
1Added by S.R.O. 581, published in the Gazette of Pakistan, dated December 11, 1959, p. 552. 1 [SCHEDULE IV (See section 4) Compensation payable in certain cases 2 [* * * *] Amount of Compensation for Half monthly payment as compensation for temporary disablement Death Permanent total disablement 1 2 3 4 3 [***]
Provisions explicitly cited in other instruments 9
Section 52 of Factories Act, 1934
Cited by WORKMENS COMPENSATION ACT 1923
The named instrument matches multiple source editions; no edition is selected.
- Factories Act, 1934 · Federal
- FACTORIES ACT, 1934 · Punjab
Read source and target evidence
Explicit source reference
injured by accident arising out of and in the course of his employment in a factory, 6 [a valid certificate granted in respect of such person under section 12 or section 52 of the Factories Act, 1934 7 ], before the occurrence of the injury shall be conclusive proof of the age of such person. 8 [18A. Penalties.– (1) Whoever,– 1V of 1920. 2Omitted the wor
Section 5 of Revenue Recovery Act, 1890
Cited by WORKMENS COMPENSATION ACT 1923
The named instrument matches multiple source editions; no edition is selected.
- Revenue Recovery Act, 1890 · Federal
- REVENUE RECOVERY ACT, 1890 · Punjab
Read source and target evidence
Explicit source reference
this Act, whether, under an agreement for the payment of compensation or otherwise and the Commissioner shall be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890 9 . 10 [(2) Without prejudice to the provisions of sub -section (1), the Commissioner may recover in the prescribed manner any amount referred to therein by distress and sale of the movable property belonging to the pers
Section 23 of General Clauses Act, 1897
Cited by WORKMENS COMPENSATION ACT 1923
Read source and target evidence
Explicit source reference
3 [section 32] shall be subject to the condition of the rules being made after previous publication. (2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 4 , as that after which a draft of rules proposed to be made under section 32 5 [* * *] will be taken into consideration, shall not be less than three months from the date on which the draft of the purposed rules was pu
Target heading · General Clauses Act, 1897
23. Provisions applicable to making of rules or bye-laws after previous publication. Where, by any 10[ Central Act] or Regulation, a power to make rules or bye-laws is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then the following provisions shall
Section 2 of Factories Act, 1934
Cited by WORKMENS COMPENSATION ACT 1923
The named instrument matches multiple source editions; no edition is selected.
- Factories Act, 1934 · Federal
- FACTORIES ACT, 1934 · Punjab
Read source and target evidence
Explicit source reference
cincts whereof, on any one day of the preceding twelve months, ten or more persons have been employed in any manufacturing process, as defined in 5 [clause (g) of section 2 of the Factories Act, 1934 6 ], or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, and steam, water or other mechanical power or electrical power is used 7 [ 8 [* * *]]; or
Section 5 of Factories Act, 1934
Cited by WORKMENS COMPENSATION ACT 1923
The named instrument matches multiple source editions; no edition is selected.
- Factories Act, 1934 · Federal
- FACTORIES ACT, 1934 · Punjab
Read source and target evidence
Explicit source reference
s or with the article made, and steam, water or other mechanical power or electrical power is used 7 [ 8 [* * *]]; or (iii) employed 9 [in any place to which section 5 of the Factories Act, 1934 10 has been applied or] for the purpose of making, altering, repairing, ornamenting, finishing or 1Substituted for clauses (i) to (xiii) by the Workmen‟s Compens
Section 3 of Mines Act, 1923
Cited by WORKMENS COMPENSATION ACT 1923
The named instrument matches multiple source editions; no edition is selected.
- Mines Act, 1923 · Federal
- MINES ACT 1923 · Punjab
Read source and target evidence
Explicit source reference
precincts whereof, on any one day of the preceding twelve months, ten or more persons have been so employed; or (v) employed in any mine as defined in clause (f) of section 3 of the Mines Act, 1923 1 , in any mining operation, or in any k ind of work, 2 [* * * *] incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground: Provided that any
Section 148 of Railways Act, 1890
Cited by WORKMENS COMPENSATION ACT 1923
Read source and target evidence
Explicit source reference
ipeline, or sewer; or (xi) employed in the service of any fire-brigade; or (xii) employed upon railway as defined in clause (4) of section 3, and subsection (1) of section 148 of the Railways Act, 1890 (IX of 1890), either directly or through a sub - contractor, by a person fulfilling a contract with the railway administration; or (xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service,
Target heading · Railways Act, 1890
148. Matters supplemental to the definitions of “railway” and “3[railway employee]”. — (1) For the purposes of section 3, clauses (5), (6) and (7), and sections 4 of 19 (both inclusive), 47 to 52 (both inclusive), 59, 79, 83 to 92 (both inclusive), 96, 97, 98, 100, 101, 103, 104, 107, 111, 122, 124 to 132 (both i
Section 2 of Lighthouse Act, 1927
Cited by WORKMENS COMPENSATION ACT 1923
Read source and target evidence
Explicit source reference
generating, transforming, or supplying of electrical energy or in the generating or supplying of gas, or (xx) employed in a lighthouse as defined in clause (d) of section 2 of the Lighthouse Act, 1927 (XVII of 1927); or (xxi) employed in producing cinematograph pictures intended for public exhibition are in exhibiting such picture; or (xxii) employed in the training, keeping or working of elephants or wild animals; or
Target heading · Lighthouse Act, 1927
2. Definitions. In this Act unless there is anything repugnant in the subject or context :‑ 8(a) 9[Collector of Customs] means an officer of customs exercising the powers of a Customs‑collector under the 10[Customs Act 1969 (IV of 1969)], and includes any person appointed by the 6[Federal Government] to discharg
Section 2 of Indian Factories Act, 1911
Cited by WORKMENS COMPENSATION ACT 1923
The named instrument has not been matched in this library.
Read source and target evidence
Explicit source reference
hed in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (3) of s. 10. 5Substituted for the words, brackets and figures “clause (4) of section 2 of the Indian Factories Act, 1911” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part -IV, dated April 15, 1938, pp. 119-122, clause (b) of s. 11. 6XXV of 1934. 7Inserted by the Workmen‟s Co
Cited instruments not matched in this library 18
Explore this law in the whole-library map · Download this law’s relationship evidence · Download preserved source record
Original-source comparison
Original-source character comparison matched under the recorded normalization
Open the compared original source
Source comparison checks the identified transcription and edition. The law's current force, later amendments and territorial application require separate legal review.
Comparison evidence
- Stored text SHA-256
- a8be8aa803cfa219ca3d034edb0df3047d5cbee303257688840f279852e68206
- Original source SHA-256
- b720d793ee084d303ab0ae1e737c9eebcffdd00dc269116bb6df6fc2d5fd7973
- Comparison method
- Complete exact non-whitespace character stream after NFKC, quotation-mark equivalents and soft-hyphen removal. Word boundaries and PDF line-layout differences remain separately described.
Source, version and text details
- Recorded title
- WORKMENS COMPENSATION ACT 1923
- Source collection
- Punjab — this does not establish territorial applicability.
- Recorded version
- Not supplied in this record
- Source snapshot
- 2026-08-06T17:06:28Z
- Legal status
- not independently verified
- Text quality
- Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
- Recorded quality flags
- No additional flags recorded
- Stable record
- punjab-code-8c185a04a1f721cc
- Content extent
- Legal completeness not independently established
- Integrity scope
- Stored UTF-8 text and TXT download bytes checked against their recorded hash. This does not establish legal authenticity or currency.
- Passage offsets
- zero-based Unicode code points and UTF8 bytes; end exclusive
- Stored text SHA-256
- a8be8aa803cfa219ca3d034edb0df3047d5cbee303257688840f279852e68206