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  "title": "WORKMENS COMPENSATION ACT 1923",
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  "text": "Workmen’s Compensation \r\n1923: Act VIII \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\nCHAPTER II \r\nWorkmen’s Compensation \r\n3. Employer's liability for compensation. \r\n4. Amount of Compensation. \r\n5. Method of calculating wages. \r\n6. Review. \r\n7. Commutation of half-monthly payments. \r\n8. Distribution of compensation. \r\n9. Compensation not to be assigned, attached or charged . \r\n 10. Notice and claim. \r\n10A.  Power to require from employers statements regarding fatal \r\naccidents. \r\n10B. Reports of fatal accident. \r\n10C. Officers authorized may refer cases for payment of compensation . \r\n10D. Fixation of abstracts of the Act or rules at the entrance of the \r\npremises. \r\n 11. Medical examination. \r\n 12. Contracting. \r\n 13. Remedies of employer against stranger . \r\n 14. Insolvency of employer. \r\n 15. [Omitted] \r\nTHE WORKMEN'S COMPENSATION ACT, \r\n1923 \r\n \r\n(VIII of 1923) \r\n 16. Returns as to compensation. \r\n 17. Contracting out. \r\n 18. Proof of age. \r\n18A. Penalties. \r\nCHAPTER III \r\nCommissioners \r\n 19. Reference to Commissioners. \r\n 20. Appointment of Commissioners. \r\n 21. Venue of proceedings and transfer. \r\n 22. Form of application. \r\n22A. Power of Commissioner to require further deposit in cases of fatal \r\naccident. \r\n 23. Powers and procedure of Commissioners. \r\n 24. Appearance of parties. \r\n 25. Method of recording evidence. \r\n 26. Costs. \r\n 27. Power to submit cases. \r\n 28. Registration of agreements. \r\n 29. Effect of failure to register agreement. \r\n 30. Appeals. \r\n30A. Withholding of certain payments pending decision of appeal. \r\n 31. Recovery. \r\nCHAPTER IV \r\nRULES \r\n 32. Power of the Governor General in Council to make rules. \r\n 33. [Omitted] \r\n 34. Publication of rules. \r\n 35. [Omitted] \r\n \r\nSCHEDULE I \r\nList of injuries deemed to result in permanent total disablement. \r\nSCHEDULE II \r\nSCHEDULE III \r\nList of occupational diseases. \r\nSCHEDULE IV \r\nCompensation payable in certain cases. \r\n \r\n \r\nTEXT \r\n1\r\nTHE WORKMEN'S COMPENSATION ACT, 1923 \r\n(VIII of 1923) \r\n[10 March 1923] \r\nAn \r\nAct \r\nto provide for the payment by certain classes of employers to their workmen of \r\ncompensation for injury by accident. \r\nWHEREAS it is expedient to provide for the payment by certain classes of employers to \r\ntheir workmen of compensation for injury by accident; It is hereby enacted as follows:– \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent and commencement.– (1) This Act may be called the Workmen‟s \r\nCompensation Act, 1923. \r\n(2) \r\n2\r\n[It extends to the whole of \r\n3\r\n[the Punjab]]. \r\n(3) It shall come into force on the first day of July, 1924. \r\n2. Definitions.– (1) In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) \"adult\" and “minor” mean respectively a person who is not and a person who \r\nis under the age of fifteen years; \r\n(b) \"Commissioner\" means a Commissioner for Workmen's Compensation \r\nappointed under section 20; \r\n(c) \"compensation\" means compensation as provided for by this Act; \r\n4\r\n[(d) \"dependent\" means any of the following relatives of a deceased workman, \r\nnamely:–  \r\n(i)  a \r\n5\r\n[widow], minor legitimate son and unmarried legitimate daughter, or \r\na widowed mother, and  \r\n(ii)  if wholly or in part dependent on the earnings of the workman at the \r\ntime of his death, a \r\n6\r\n[widower], a parent other than a widowed mother, \r\na minor illegitimate son, an unmarried illegitimate daughter, a \r\ndaughter legitimate or illegitimate if married and a minor or if widowed, \r\na minor brother, an unmarried or widowed sister, a widowed daughter-\r\n                                                           \r\n1This Act received the assent of the Governor General on the 5 th March, 1923 and published in the Gazette of India, Part -IV, \r\ndated March 10, 1923, pp. 33-42. \r\n2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) , published in the Gazette of Pakistan \r\n(Extraordinary), dated June 9, 1960, pp. 725-845, s. 3 and Second Schedule. \r\n3Substituted for the word “Pakistan” by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), \r\npublished in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 2.  \r\n4Substituted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 19 33), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, clause (a)(i) of s. 2. \r\n5Substituted for the word “wife” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of  1938), published in the \r\nGovernment Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 2. \r\n6Substituted for the word “husband” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the \r\nGovernment Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (b) of s. 2. \r\nin-law, a minor child of a deceased son, \r\n1\r\n[a minor child of a deceased \r\ndaughter where no parent of the child is alive,] or, where no parent of \r\nthe workman is alive, a paternal grandparent;]  \r\n(e) \"employer\" includes anybody of persons whether incorporated or not and any \r\nmanaging agent of an employer and the legal representative of a deceased \r\nemployer, and, when the services of a workman are temporarily lent or let o n \r\nhire to another person by the person with whom the workman has entered \r\ninto a contract of service or apprenticeship, means such other person while \r\nthe workman is working for him; \r\n(f) “managing agent” means any person appointed or acting as the \r\nrepresentative of another person for the purpose of carrying on such other \r\nperson‟s trade or business, but does not include an individual manager \r\nsubordinate to an employer; \r\n(g) \"partial disablement\" means, where the disablement is of a temporary nature, \r\nsuch disabl ement as reduces the earning capacity of a workman in any \r\nemployment in which he was engaged at the time of the accident resulting in \r\nthe disablement, and, where the disablement is of a permanent nature, such \r\ndisablement as reduces his earning capacity in every employment which he \r\nwas capable of undertaking at that time: provided that every injury specified in \r\nSchedule I shall be deemed to result in permanent partial disablement; \r\n(h) \"prescribed” means prescribed by rules made under this Act; \r\n2\r\n[(hh) “Provincial Government” means Government of the Punjab;] \r\n(i) “qualified medical practitioner\" means any person registered  \r\n3\r\n[* * * * * * * * * * \r\n* * * ] under any Act of  \r\n4\r\n[the Central Legislature or any Provincial Legislature] \r\nproviding for the maintenance of a re gister of medical practitioners, or, in any \r\narea where no such last -mentioned Act is in force, any person declared by \r\nthe Local Government, by notification in the local official Gazette, to be a \r\nqualified medical practitioner for the purposes of this Act; \r\n(j) \r\n5\r\n[* * * * * * * * *   ] \r\n(k) \r\n6\r\n[* * * * * * * * *   ] \r\n(I) \"total disablement\" means such disablement, whether of a temporary or \r\npermanent nature, as incapacitates a workman for all work which he was \r\ncapable of performing at the time of the accident resul ting in such \r\ndisablement: provided that permanent total disablement shall be deemed to \r\nresult from the permanent total loss of the sight of both eyes or from any \r\ncombination of injuries specified in Schedule I where the aggregate \r\npercentage of the loss of earning capacity, as specified in that Schedule \r\nagainst those injuries, amounts to one hundred per cent; \r\n                                                           \r\n1Inserted by the Act, ibid., clause (c) of s. 2. \r\n2Inserted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 3.  \r\n3Omitted the words “under the Medical Act, 1858, or any Act amending the same, or” by the Federal Laws (Revision and Declarati on) \r\nOrdinance, 1981 (XXVII of 1981), published in the Gazette of Paki stan (Extraordinary), dated July 8, 1981 , pp. 345-475, s. 3 and \r\nSecond Schedule. \r\n4Substituted for the words “any Legislature in British India” by the Adaptation of Central Acts and Ordinances Order, 1949, vide \r\nNotification No. G.G.O. 4, dated 25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, \r\npp. 223-283, s. 3 (1). \r\n5Omitted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, clause (a)(ii) of s. 2. \r\n6Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (b) of s. 3.  \r\n1\r\n[(ll)  \r\n2\r\n[“Tribunal” shall mean the same as in the Punjab Industrial Relations Act, \r\n2010 (XIX of 2010);]] \r\n(m) \"wages\" includes any privilege or benefit  which is capable of being estimated \r\nin money, other than a traveling allowance or the value of any traveling \r\nconcession or a contribution paid by the employer of a workman towards any \r\npension or provident fund or a sum paid to a workman to cover any speci al \r\nexpenses entailed on him by the nature of his employment; \r\n(n) \"workman\" means any person (other than a person whose employment is of a \r\ncasual nature and who is employed otherwise than for the purposes of the \r\nemployer's trade or business) who is– \r\n(i) a r ailway servant as defined in section 3 of the \r\n3\r\n[***] Railways Act, \r\n1890\r\n4\r\n, not permanently employed in any administrative, district or sub-\r\ndivisional office of railway and not employed in any such capacity as is \r\nspecified in Schedule II, or \r\n(ii) employed, \r\n5\r\n[* * * *] \r\n6\r\n[* * *] in any such capacity as is specified in \r\nSchedule II,  \r\nwhether the contract of employment was made before or after the passing of \r\nthis Act and whether such contract is expressed or implied, oral or in \r\nwriting; but does not include any per son working in the capacity of a \r\nmember of \r\n7\r\n[* * *] naval, military or air forces \r\n8\r\n[* * *]; and any reference \r\nto a workman who has been injured shall, where the workman is dead, \r\ninclude a reference to his dependents or any of them. \r\n(2) The exercise and performance of the powers and duties of a local authority or \r\nof any department \r\n9\r\n[acting on behalf of the \r\n10\r\n[Government]] shall, for the purposes of this Act, \r\nunless a contrary intention appears, be deemed to be the trade or business of such authority \r\nor department. \r\n11\r\n[(3) The \r\n12\r\n[Provincial Government], after giving, by notification in the \r\n13\r\n[Official \r\n                                                           \r\n1Inserted by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of Pakistan (Extraordinary), Part I, \r\ndated January 25, 1975, pp. 18-20, s. 2 and the Schedule.  \r\n2Substituted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab \r\nGazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (c) s. 3.  \r\n3Omitted the word “India” by the Adaptation of Central Acts and Ordinances Order, 1949 , vide Notification No . G.G.O. 4, \r\npublished in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3. \r\n4IX of 1890. \r\n5Omitted the words “either by way of manual labour or” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), \r\npublished in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(iv) of s. 2. \r\n6Omitted the words “on monthly wages not exceeding three thousand rupees” by the Punjab Workmen‟s Compensation \r\n(Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-\r\n1822, clause (d) of s. 3.  \r\n7Omitted the words “His Majesty‟s” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published \r\nin the Gazette of Pakistan (Extraordinary), dated July 8, 1981, pp. 345-475, s. 3 and Second Schedule. \r\n8Omitted the words “or of the Royal Indian Marine Service” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.  \r\n9Substituted for the words “of the Government” by the Order ibid., s. 3 and the Schedule.  \r\n10Substituted for the word “Crown” by the Central Laws (Adaptation) Order, 1961 (1 of 1961), published in the Gazette of \r\nPakistan (Extraordinary), dated January 24, 1961, pp. 102-176, sub-section (2) of s. 2 and Table.  \r\n11Substituted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, clause (b) of s. 2. \r\n12Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.  \r\n13Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\nGazette], not less than three months‟ notice of \r\n1\r\n[its] intention so to do, may, by all like \r\nnotification, add to Schedule II any class of persons employed in any occupation which \r\n2\r\n[it] is \r\nsatisfied is a hazardous occupation, and the provisions of this Act shall thereupon apply \r\n3\r\n[within the Province] to such classes of persons:   \r\nProvided that in making such addition the \r\n4\r\n[Provincial Government] may direct that \r\nthe prov isions of this Act shall apply to such classes of persons in respect of specified \r\ninjuries only.] \r\nCHAPTER II \r\nWorkmen‟s compensation \r\n3. Employer's liability for compensation .– (1) If personal injury is caused to a \r\nworkman by accident arising out of and in t he course of his employment, his employer shall \r\nbe liable to pay compensation in accordance with the provisions of this Chapter: \r\nProvided that the employer shall not be so liable– \r\n(a) in respect of any injury which does not result in the total or partial d isablement of the \r\nworkman for a period exceeding \r\n5\r\n[\r\n6\r\n[four]] days; \r\n(b) in respect of any \r\n7\r\n[injury, not resulting in death, caused by] an accident which is \r\ndirectly attributable to– \r\n(i) the workman having been at the time thereof under the influence .of drin k or \r\ndrugs, or \r\n(ii) the willful disobedience of the workman to an order expressly given, or to a rule \r\nexpressly framed, for the purpose of securing the safety of workmen, or \r\n(iii) the willful removal or disregard by the workman of any safety guard or other  \r\ndevice which he knew to have been provided for the purpose of securing the \r\nsafety of workmen; or  \r\n(c) \r\n8\r\n[*  *  *  *  *  *  *  * *   ] \r\n(2) \r\n9\r\n[If a workman employed in any employment specified in Part A of Schedule III \r\ncontracts any disease specified therein as an occupational disease peculiar to that \r\nemployment], or if a workman, whilst in the service of an employer in whose service he has \r\nbeen employed for a continuous period of not less than six months in any employment \r\nspecified in \r\n10\r\n[Part B of] Schedule II I, contracts any disease specified therein as an \r\noccupational disease peculiar to that employment, the contracting of the disease shall be \r\ndeemed to be an injury by accident within the meaning of this section and, unless the \r\nemployer proves the contrary, the accident shall be deemed to have arisen out of and in the \r\ncourse of the employment. \r\n                                                           \r\n1Substituted for the word “his” by the Order ibid. \r\n2Substituted for the word “he” by the Order ibid. \r\n3Inserted by the Order ibid., s. 3 and the Schedule. \r\n4Substituted for the words “Governor-General in Council” by the Order ibid. \r\n5Substituted for the word “ten” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published i n the Punjab \r\nGazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(i) of s. 3. \r\n6Substituted for the word “four” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette \r\nof Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, s. 3. \r\n7Substituted for the words “injury to a workman resulting from” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of \r\n1933), published in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a)(ii) of s. 3. \r\n8Omitted the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part -IV, dated \r\nApril 12, 1929, pp. 21-23, clause (c) of s. 2. \r\n9Substituted for the words “if a workman -------- anthrax” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), \r\npublished in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 3. \r\n10Inserted by the Act ibid., clause (b) of s. 3. \r\nExplanation.– For the purposes of the sub -section a period of service shall be deemed to \r\nbe continuous which has not included a period of service under any other employe r \r\n1\r\n[in the \r\nsame kind of employment.] \r\n(3) The \r\n2\r\n[Provincial Government], after giving, by notification in the \r\n3\r\n[Official Gazette], not \r\nless than three months‟ notice of \r\n4\r\n[its] intention so to do, may, by a like notification, add any \r\ndescription of employment to the employments specified in Schedule III, and shall specify in \r\nthe case of the employments so added the diseases which \r\n5\r\n[within the Province] shall be \r\ndeemed for the purposes of this section to be occupational diseases peculiar to those \r\nemployments re spectively, and the provisions of sub -section (2) shall thereupon apply \r\n6\r\n[within the Province] as if such diseases had been declared by this Act to be occupational \r\ndiseases peculiar to those employments. \r\n(4) Save as provided by sub-sections (2) and (3), no compensation shall be payable to a \r\nworkman in respect of any disease unless the disease is   \r\n7\r\n[* *] directly attributable to a \r\nspecific injury by accident arising out of and in the course of his employment. \r\n(5) Nothing herein contained shall be deemed to confer any right to compensation on a \r\nworkman in respect of any injury if he has instituted in a Civil Court a suit for damages in \r\nrespect of the injury against the employer or any other person; and to suit for damages shall \r\nbe maintainable by a workman in any Court of law in respect of any injury– \r\n(a) if he has instituted a claim to compensation in respect of the injury before a \r\nCommissioner; or \r\n(b) if an agreement has been come to between the workman and his employer providing \r\nfor the payment of compensat ion in respect of the injury in accordance with the \r\nprovisions of this Act.  \r\n4. Amount of Compensation .– \r\n8\r\n[(1) Subject to the provisions of this Act, the amount of \r\ncompensation shall be as follows, namely:– \r\n9\r\n[A. Where death results from injury to a workman  – the amount shown in the second \r\ncolumn of Schedule IV;  \r\nB. Where total disablement of permanent nature results from injury to a workman – the \r\namount shown in the third column of Schedule IV;] \r\nC. Where permanent partial disablement results from the injury– \r\n(i) in the case of an injury specified in Schedule I, such percentage of the \r\ncompensation which would have been payable in the case of permanent total \r\ndisablement as is specified therein as being the percentage of the loss of earning \r\ncapacity caused by that injury, and \r\n(ii) in the case of an injury not specified in Schedule I, such percentage of the \r\ncompensation payable in the case of permanent total disablement as is \r\n                                                           \r\n1Added by the Act ibid., clause (c) of s. 3. \r\n2Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule.  \r\n3Substituted for the words “Gazette of India” by the Order ibid., s. 4 and Table of General Adaptations. \r\n4Substituted for the word “his” by the Order ibid.  \r\n5Inserted by the Order ibid., s. 3 and the Schedule. \r\n6Ibid. \r\n7Omitted the words “solely and” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab \r\nGazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b) of s. 3. \r\n8Substituted by the Act ibid., s. 4. \r\n9Substituted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published i n the Punjab \r\nGazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 4.  \r\nproportionate to the loss of earning capacity permanently caused by the injury; \r\nExplanation.– Where more injuries than one are caused by the same accident, the amount \r\nof compensation payable under this head shall be aggregated but not so in any case as to \r\nexceed the amount which would have been payable if permanent total disablement had \r\nresulted from the injuries; \r\n1\r\n[D. Where temporary disablement, whether total or partial, results from injury, a half \r\nmonthly payment payable on the sixteenth day after the expiry of a waiting period of \r\nfour days from the date of the disablement, and thereafter, half-monthly during the \r\ndisablement or during the period of five years, whichever period is shorter – the \r\namount shown in the fourth column of the Schedule IV:  \r\nProvided that–  \r\n(a)  there shall be deducted from any lump sum or half -monthly payments to whic h \r\nthe workman is entitled the amount of any payment or allowance which the \r\nworkman has received from the employer by way of compensation during the \r\nperiod of disablement prior to the receipt of such lump sum or of the first half -\r\nmonthly payment as the case  may be except payments made to the worker \r\nduring the period of his convalescence towards medical treatment and the half - \r\nmonthly payments made for the first four months of disablement;  \r\n(b)  no half-monthly payment shall in any case exceed the amount, if any, by which \r\nhalf the amount of the monthly wages of the workman before the accident \r\nexceeds half the amount of such wages which he is earning after the accident; \r\nand \r\n(c)  the amount of half -monthly payments to which a workman is entitled shall in no \r\ncase be less than the amount of half -monthly payments to which a workman \r\ndrawing lesser monthly wages than such workman is entitled.]  \r\n(2) On the ceasing of the disablement before the date on which any half -monthly \r\npayment falls due, there shall be payable in respect of that half -month a sum proportionate \r\nto the duration of the disablement in that half-month. \r\n2\r\n[(3) The Provincial Government may, by notification in the official Gazette, revise the \r\namount of compensation specified in Schedule IV.] \r\n5. Method of ca lculating wages .– \r\n3\r\n[\r\n4\r\n[*]] \r\n5\r\n[In this Act and for the purposes thereof the \r\nexpression \"monthly wages\" means the amount of wages deemed to be payable for a \r\nmonth's service (whether the wages are payable by the month or by whatever other period \r\nor at piece rates), and calculated] as follows, namely:– \r\n(a) where the workman has, during a continuous period of not less than twelve months \r\nimmediately preceding the accident, been in the service of the employer who is liable \r\nto pay compensation, the monthly wages of t he workman shall be one -twelfth of the \r\ntotal wages which have fallen due for payment to him by the employer in the last \r\ntwelve months of that period; \r\n                                                           \r\n1Inserted  by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (c) of s. 4.  \r\n2Ibid.  \r\n3Re-numbered as “(1)” by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, \r\nPart-IV, dated April 12, 1929, pp. 21-23, sub-section (1) of s. 3. \r\n4Omitted the brackets and figure “(1)” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the \r\nGovernment Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, s. 3. \r\n5Substituted for the words “For the purpose of this Act the monthly wages of workman shall be calculated” by the Workmen‟s \r\nCompensation (Amendment) Act, 1939 (XIII of 1939), published in the Government Gazette, Punjab, dated April 14, 1939, pp. \r\n72-73, clause (a) of s. 2.  \r\n1\r\n[(b)  where the whole of the continuous period of service immediately preceding the \r\naccident during which the workman was in the service of the employer who is liable \r\nto pay the compensation was less than one month, the monthly wages of the \r\nworkman shall be \r\n2\r\n[* * * *] the average monthly amount which, during the twelve \r\nmonths immediately preceding the acciden t was being earned by a workman \r\nemployed on the same work by the same employer, or, if there was no workman so \r\nemployed, by a workman employed on similar work in the same locality;] \r\n3\r\n[(c)] in other cases, the monthly wages shall be thirty times the total w ages earned in \r\nrespect of the last continuous period of service immediately preceding the accident \r\nfrom the employer who is liable to pay compensation, divided by the number of days \r\ncomprising such period: \r\n \r\n4\r\n[* * * * * * * * *   ] \r\nExplanation.– A period of service shall, for the purposes of \r\n5\r\n[this \r\n6\r\n[section]] be deemed to be \r\ncontinuous which has not been interrupted by a period of  absence from work exceeding \r\nfourteen days.  \r\n7\r\n[(2) \r\n8\r\n[*  *  *  * * * * * *  ]] \r\n6. Review.– (1) Any half -monthly payment payable u nder this Act, either under an \r\nagreement between the parties or under the order of a Commissioner, may be reviewed by \r\nthe Commissioner on the application either of the employer or of the workman accompanied \r\nby the certificate of a qualified medical practit ioner that there has been change in the \r\ncondition of the workman or, subject to rules made under this Act, on application made \r\nwithout such certificate. \r\n(2) Any half-monthly payment may, or review under this section, subject to the \r\nprovisions of this Act, be continued, increased, decreased, or ended, or if the accident is \r\nfound to have resulted in permanent disablement, be converted to the lump sum to which the \r\nworkman is entitled less any amount which he has already received by way of half -monthly \r\npayments. \r\n7. Commutation of half -monthly payments .– Any right to receive half -monthly \r\npayments may, by agreement between the parties or, if the parties cannot agree and the \r\npayments have been continued for not less than  six-months, on the application of either \r\nparty to the Commissioner be redeemed by the payment of a lump sum of such amount as \r\nmay be agreed to by the parties or determined by the Commissioner, as the case may be. \r\n8. Distribution of compensation.– \r\n9\r\n[(1) No payment of compensation in respect of a \r\n                                                           \r\n1Inserted by the Workmen‟s Compensation (Amendment) Act, 193 3 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, clause (a)(ii) of s. 5. \r\n2Omitted the words “deemed to be” by the Workmen‟s Compensation (Amendment) Act, 1939 (XIII of 1939), published in the \r\nGovernment Gazette, Punjab, dated April 14, 1939, pp. 72-73, clause (b) of s. 2.  \r\n3Re-lettered by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, clause (a)(iii) of s. 5. \r\n4Omitted the proviso by the Act ibid., clause (a)(iv) of s. 5. \r\n5Substituted for the words “this section” by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the \r\nPunjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, sub-section (1) of s. 3. \r\n6Substituted for the word “sub-section” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the \r\nGovernment Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, s. 3. \r\n7Inserted by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part -IV, \r\ndated April 12, 1929, pp. 21-23, sub-section (2) of s. 3. \r\n8Omitted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, clause (b) of s. 5. \r\n9Substituted for sub-sections (1) to (3) by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the \r\nPunjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (a) of s. 4. \r\nworkman whose injury has resulted in death, and no payment of lump sum as compensation \r\nto a woman or a person under legal disability, shall be made otherwise than by deposit with \r\nthe Commissioner, and no such payment made directly by an employer shall be deeme d to \r\nbe a payment of compensation: \r\n1\r\n[Provided that, in the case of a deceased workman, an employer may make to any \r\ndependent advances on account of compensation not exceeding \r\n2\r\n[ten percent of the amount \r\nof] the compensation payable to that dependent shall be deducted by the Commissioner \r\nfrom such compensation and repaid to the employer.] \r\n(2)  Any other sum amounting to not less than \r\n3\r\n[four thousand] rupees which is \r\npayable as compensation may be deposited with the Commissioner on behalf of the person \r\nentitled thereto.  \r\n(3) The receipt of the Commissioner shall be a sufficient discharge in respect of \r\nany compensation deposited with him.]  \r\n(4) On the deposit of any money under sub -section (1) \r\n4\r\n[as compensation in \r\nrespect of a deceased workman], the Commissione r \r\n5\r\n[shall deduct] there from the actual \r\ncost of the workman's funeral expenses, to an amount not exceeding \r\n6\r\n[\r\n7\r\n[five thousand] \r\nrupees] and pay the same to the person by whom such expenses were incurred, and shall, if \r\nhe thinks necessary, cause notice to be published or to be served on each dependent in \r\nsuch manner as he thinks fit, calling upon the dependents to appear before him on such date \r\nas he may fix for determining the distribution of the compensation. If the Commissioner is \r\nsatisfied after any inquiry which he may deem necessary, that no dependent exists, he shall \r\n8\r\n[not less than two years after the date of deposit, transfer the balance of the money to such \r\nfund or funds for the benefit of workmen as the Provincial Government may by notification in \r\nthe official Gazette specify or establish] . The Commissioner shall, on application by the \r\nemployer, furnish a statement showing in detail all disbursements made. \r\n9\r\n[(5) Compensation deposited in respect of a deceased workman shall, subject to \r\nany deduction ma de \r\n10\r\n[under the proviso to sub -section (1) or] under sub -section (4), be \r\napportioned among the dependents of the deceased workman or any of them in such \r\nproportion as the Commissioner thinks fit, or may, in the discretion of the Commissioner be \r\nallotted to any one dependent.  \r\n(6) Where any compensation deposited with the Commissioner is payable to any \r\nperson, the Commissioner shall, if the person to whom the compensation is payable is not a \r\n                                                           \r\n1Substituted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, clause (a) of s. 6. \r\n2Substituted for the words “an aggregate of one hundred rupees, and so much of such aggregate as does not exceed” by the \r\nPunjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette (Extraordinary), \r\ndated December 16, 2013, pp. 1821-1822, clause (a) of s. 5. \r\n3Substituted for the word “ten” by the Act ibid., clause (b) of s. 5. \r\n4Inserted by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part -IV, \r\ndated April 12, 1929, pp. 21-23, clause (b) of s. 4. \r\n5Substituted for the words “may deduct” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the \r\nPunjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b)(i) of s. 6. \r\n6Substituted for the words “fifty rupees or so much of that cost or of fifty rupees, whichever is less, as has not a lready been \r\nadvanced by the employer on account of such expenses” by the Act ibid., clause (b)(ii) of s. 6. \r\n7Substituted for the words “twenty -five” by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), \r\npublished in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (c) of s. 5. \r\n8Substituted for the words “repay the balance of the money to the employer by whom it was paid” by the Workmen‟s \r\nCompensation (Amendment) Act, 1957 (XI of 1957), published in the  Gazette of Pakistan (Extraordinary), dated March 16, \r\n1957, pp. 583-586, clause (1) of s. 5. \r\n9Substituted for sub-section (5) by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab \r\nGazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (c) of s. 4. \r\n10Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan \r\n(Extraordinary), dated March 16, 1957, pp. 583-586, clause (2) of s. 5. \r\nwoman or a person under a legal disability, and may, in other cases,  pay the money to the \r\nperson entitled thereto. \r\n(7) Where any lump sum deposited with the Commissioner is payable to a \r\nwoman or a person under a legal disability, such sum may be invested, applied or otherwise \r\ndealt with for the benefit of the woman, or of such person during his disability, in such \r\nmanner as the Commissioner may direct; and where a half -monthly payment is payable to \r\nany person under a legal disability, the Commissioner may, of his own motion or on an \r\napplication made to him in this behalf, o rder that the payment be made during the disability \r\nto any dependent of the workman or to any other person whom the Commissioner thinks \r\nbest fitted to provide for the welfare of the workman.] \r\n1\r\n[(8)] Where, on application made to him in this behalf or other wise, the \r\nCommissioner is satisfied that, on account of neglect of children on the part of a parent or on \r\naccount of the variation of the circumstances of any dependent or for any other sufficient \r\ncause, an order of the Commissioner as to the distribution of any sum paid as compensation \r\nor as to the manner in which any sum payable to any such dependent is to be invested, \r\napplied or otherwise dealt with, ought to be varied, the Commissioner may made such \r\norders for the variation of the former order as he thinks just in the circumstances of the case: \r\nProvided that no such order prejudicial to any person shall be made unless such \r\nperson has been given an opportunity of showing cause why the order should not be made, \r\nor shall be made in any case in which it woul d involve the repayment by a dependent of any \r\nsum already paid to him. \r\n2\r\n[(9) Where the Commissioner varies any order under sub-section (8) by reason of \r\nthe fact that payment of compensation to any person has been obtained by fraud, \r\nimpersonation or other improper means, any amount so paid to or on behalf of such person \r\nmay be recovered in the manner hereinafter provided in section 31.]  \r\n9. Compensation not to be assigned, attached or charged .– Save as provided by \r\nthis Act, no lump sum or half -monthly payment payable under this Act shall in any way be \r\ncapable of being assigned or charged or be liable to attachment or pass to any person other \r\nthan the workman by operation of law, nor shall any claim be set off against the same. \r\n10. Notice and claim .– (1) \r\n3\r\n[No clai m for compensation shall be entertained by a \r\nCommissioner unless notice of the accident has been given in the manner hereinafter \r\nprovided as soon as practicable after the happening thereof and unless the claim is \r\npreferred before him within \r\n4\r\n[three years] of the occurrence of the accident or, in case of \r\ndeath, within \r\n5\r\n[three years] from the date of death]: \r\nProvided that, where the accident is the contracting of a disease in respect of which \r\nthe provisions of sub-section (2) of section 3 are applicable, the accident shall be deemed to \r\nhave occurred on the first of the days during which the workman was continuously absent \r\nfrom work in consequence of the disablement caused by the disease: \r\n6\r\n[Provided further that the want of or any defect or irregularity in a no tice shall not be \r\n                                                           \r\n1Re-numbered by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, \r\ndated April 12, 1929, pp. 21-23, clause (d) of s. 4.  \r\n2Inserted by the Act ibid. \r\n3Substituted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, \r\nPunjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a)(1) of s.5. \r\n4Substituted for the words “one year” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the \r\nGazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, s. 4. \r\n5Ibid. \r\n6Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, clause (a) of s. 7. \r\na bar to the \r\n1\r\n[entertainment of a claim]–  \r\n(a)  if the claim is \r\n2\r\n[preferred] in respect of the death of a workman resulting from \r\nan accident which occurred on the premises of the employer, or at any place where the \r\nworkman at the time of the accident was working under the control of the employer or of any \r\nperson employed by him, and the workman died on such premises or at, such place, or on \r\nany premises belonging to the employer, or died without having left the vicinity of the \r\npremises or place where the accident occurred, or  \r\n(b) if the employer \r\n3\r\n[or any one of several employers or any person responsible to \r\nthe employer for the management of any branch of the trade or business in which the injured \r\nworkman was employed] had knowledge of the  accident from any other source at or about \r\nthe time when it occurred:] \r\nProvided further, that the Commissioner may \r\n4\r\n[entertain] and decide any claim to \r\ncompensation in any case notwithstanding that the notice has not been  given, or the claim \r\nhas not been \r\n5\r\n[preferred], in due time as provided in this sub -section, if he is satisfied that \r\nthe failure so to give the notice or \r\n6\r\n[prefer] the claim, as the case may be, was due to \r\nsufficient cause. \r\n(2) Every such notice shall give the name and address of the perso n injured and \r\nshall state in ordinary language the cause of the injury and the date on which the accident \r\nhappened and shall be served on the employer or upon \r\n7\r\n[any one of] several employers, or, \r\nupon any person \r\n8\r\n[*] responsible to the employer for the man agement of any branch of the \r\ntrade or business in which the injured workman was employed. \r\n9\r\n[(3) The \r\n10\r\n[Provincial Government] may require that any prescribed class of \r\nemployers shall maintain at their premises at which workmen are employed a notice book, in \r\nthe prescribed form, which shall be readily accessible at all reasonable times to any injured \r\nworkman employed on the premises and to any person acting bona fide on his behalf.  \r\n(4) A notice under this section may be served by delivering it at, or sending  it by \r\nregistered post addressed to, the residence or any office or place of business of the person \r\non whom it is to be served, or, where a notice book is maintained, by entry in the notice \r\nbook.]  \r\n11\r\n[10A. Power to require from employers statements regardin g fatal accidents .– (1) \r\nWhere a Commissioner receives information from any source that a workman has died as a \r\nresult of an accident arising out of and in the course of his employment, he may send by \r\nregistered post a notice to the workmen's employer requiring him to submit, within thirty days \r\n                                                           \r\n1Substituted for the words “maintenan ce of proceedings” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of \r\n1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a)(2)(i) of s. 5. \r\n2Substituted for the word “made” by the Act ibid., clause (a)(2)(ii) of s. 5. \r\n3Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, \r\nPart-IV, dated April 15, 1938, pp. 119-122, clause (a)(2)(iii)) of s.5. \r\n4Substituted for the word “admit” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the \r\nGovernment Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a)(3) of s. 5. \r\n5Substituted for the word “instituted” by the Act ibid. \r\n6Substituted for the word “institute” by the Act ibid., clause (a)(3) of s. 3. \r\n7Substituted for the words “any one or” by the Repealing and Amending Act, 1924 (VII of 1924), published in the Gazette of \r\nIndia, Part-IV, dated March 22, 1924, pp. 71-72, s. 2 and the First Schedule. \r\n8Omitted the word „directly‟ by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the \r\nGovernment Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (b) of s. 5. \r\n9Substituted for sub-section (3) by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab \r\nGazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (b) of s. 7. \r\n10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n11Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, s. 8. \r\nof the service of the notice, a statement, in the prescribed form, giving the circumstances \r\nattending the death of the workman, and indicating whether, in the opinion of the employer, \r\nhe is or is not liable to deposit compensation on account of the death.  \r\n(2) If the employer is of opinion that he is liable to deposit compensation, he shall \r\nmake the deposit within thirty days of the service of the notice.  \r\n(3) If the employer is of opinion that he is not liable to depo sit compensation, he \r\nshall in his statement indicate the grounds on which he disclaims liability.  \r\n(4) Where the employer has so disclaimed liability, the Commissioner, after such \r\ninquiry as he may think fit, may inform any of the dependents of the decease d workman that \r\nit is open to the dependents to prefer a claim for compensation, and may give them such \r\nother further information as he may think fit. \r\n10B. Reports of fatal accident.– (1) Where, by any law for the time being in force, notice \r\nis required to be given to any authority, by or on behalf of an employer, of any accident \r\noccurring on his premises which results in death, the person required to give the notice shall, \r\nwithin seven days of the death, send a report to the Commissioner giving the circumst ances \r\nattending the death:  \r\nProvided that where the \r\n1\r\n[Provincial Government] has so prescribed the person \r\nrequired to give the notice may instead of sending such report to the Commissioner send it \r\nto the authority to whom he is required to give the notice.  \r\n(2) The \r\n2\r\n[Provincial Government] may, by notification in the \r\n3\r\n[Official Gazette], \r\nextend the provisions of sub -section (1) to any class of premises other than those coming \r\nwithin the scope of that sub -section, and may, by such notification, specify the p ersons who \r\nshall send the report to the Commissioner.] \r\n4\r\n[10C. Officers authorized may refer cases for payment of compensation .– A Labour \r\nCommissioner, an Inspector of Factories or any other officer authorized by the Provincial \r\nGovernment for this purpose m ay refer, in the prescribed manner, to the Commissioner \r\ncases of workmen who have not been paid due compensation by employers under the \r\nprovisions of this Act.  \r\n10D. Fixation of abstracts of the Act or rules at the entrance of the premises .– There \r\nshall be affixed in some conspicuous place near the main entrance of every place where \r\nworkmen are employed, in English and in the language of the majority of the workmen, such \r\nabstracts of this Act and of the rules made thereunder as may be prescribed.] \r\n11. Medical examination.– \r\n5\r\n[(1) Where a workman has given notice of an accident, the \r\nemployer shall, before the expiry of three days from the time at which service of the notice \r\nhas been effected, have the workman examined free of charge by a qualified medical \r\npractitioner, and the workman shall submit himself for such examination, and any workman \r\nwho is in receipt of a half-monthly payment under this Act, shall if so required, submit himself \r\nfor such examination from time to time: \r\nProvided that a workman not examined f ree of charge as aforesaid may get himself \r\nexamined by a qualified medical practitioner and the expenses of such medical examination \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n2Substituted for the words “local official Gazette” by the Act ibid. \r\n3Substituted for the words “Local Government” by the Act ibid. \r\n4Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan \r\n(Extraordinary), dated March 16, 1957, pp. 583-586, s. 6. \r\n5Substituted by the Act ibid., s. 7. \r\nshall be reimbursed to the workman by the employer:  \r\nProvided further that a workman shall not be required to submit himsel f for \r\nexamination by a medical practitioner otherwise than in accordance with rules made under \r\nthis Act, or at more frequent intervals than may be prescribed.] \r\n(2) If a workman, on being required to do so by the employer under sub -section \r\n(1) or by the Com missioner at any time, refuses to submit himself for examination by a \r\nqualified medical practitioner or in any way obstructs the same, his right to compensation \r\nshall be suspended during continuance of such refusal or obstruction unless, in the case of \r\nrefusal, he was prevented by any sufficient cause from so submitting himself. \r\n(3) If a workman, before the expiry of the period within which he is liable under \r\nsub-section (1) to be required to submit himself for medical examination, voluntarily leaves \r\nwithout having been so examined the vicinity of the place in which he was employed, his \r\nright to compensation shall be suspended until he returns and offers himself for such \r\nexamination. \r\n(4) Where a workman, whose right to compensation has been suspended under \r\nsub-section (2) or sub -section (3), dies without having submitted himself for medical \r\nexamination as required by either of those sub -sections, the Commissioner may, if he thinks \r\nfit, direct the payment of compensation to the dependents of the deceased workman. \r\n(5) Where under sub -section (2) or sub -section (3) a right to compensation is \r\nsuspended, no compensation shall be payable in respect of the period of suspension, and, if \r\nthe period of suspension commences before the expiry of the waiting period referre d to in \r\nclause D of sub -section (1) of section 4, the waiting period shall be increased by the period \r\nduring which the suspension continues. \r\n(6) Where an injured workman has refused to be attended by a qualified medical \r\npractitioner whose services have bee n offered to him by the employer free of charge or \r\nhaving accepted such offer has deliberately disregarded the instructions of such medical \r\npractitioner, then, \r\n1\r\n[if it is proved that the workman has not thereafter been regularly attended \r\nby a qualified med ical practitioner or having been so attended has deliberately failed to \r\nfollow his instructions and that such refusal, disregard or failure was unreasonable ] in the \r\ncircumstances of the case and that the injury has been aggravated thereby, the injury and \r\nresulting disablement shall be deemed to be of the same nature and duration as they might \r\nreasonably have been expected to be if the workman had been regularly attended by a \r\nqualified medical practitioner \r\n2\r\n[whose instructions he had followed], and compensat ion, if \r\nany, shall be payable accordingly. \r\n12. Contracting.– (1) Where any person (hereinafter in this section referred to as the \r\nprincipal) in the course of or for the purposes of his trade or business contracts with any \r\nother person (hereinafter in the s ection referred to as the contractor) for the execution by or \r\nunder the contractor of the whole or any part of any work which is ordinarily part of the trade \r\nor business of the principal, the principal shall be liable to pay to any workman employed in \r\nthe execution of the work any compensation which he would have been liable to pay if that \r\nworkman had been immediately employed by him; and where compensation is claimed from \r\nthe principal, this Act shall apply as if references to the principal were substitute d for \r\nreferences to the employer except that the amount of compensation shall be calculated with \r\nreference to the wages of the workman under the employer by whom he is immediately \r\nemployed. \r\n(2) Where the principal is liable to pay compensation under this s ection, he shall \r\n                                                           \r\n1Substituted for the words “if it is thereafter ……. unreasonable” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX \r\nof 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 6. \r\n2Inserted by the Act ibid., clause (b) of s. 6. \r\nbe entitled to be indemnified by the contractor \r\n1\r\n[, or any other person from whom the \r\nworkman could have recovered compensation and where a contractor who is himself a \r\nprincipal is liable to pay compensation or to indemnify a principal und er this section he shall \r\nbe entitled to be indemnified by any person standing to him in the relation of a contractor \r\nfrom whom the workman could have recovered compensation] and all questions as to the \r\nright to and the amount of any such indemnity shall, i n default or agreement, be settled by \r\nthe Commissioner. \r\n(3) Nothing in this section shall be construed as preventing a workman from \r\nrecovering compensation from the contractor instead of the principal. \r\n(4) This section shall not apply in any case where the  accident occurred \r\nelsewhere than on, in or about the premises on which the principal has undertaken or \r\nusually undertakes, as the case may be, to execute the work or which are otherwise under \r\nhis control or management. \r\n13. Remedies of employer against str anger.– Where a workman has recovered \r\ncompensation in respect of any injury caused under circumstances creating a legal liability of \r\nsome person other than the person by whom the compensation was paid to pay damages in \r\nrespect thereof, the person by whom t he compensation was paid and any person who has \r\nbeen called on to pay an indemnity under section 12 shall be entitled to be indemnified by \r\nthe person so liable to pay damages as aforesaid. \r\n14. Insolvency of employer.– (1) Where any employer has entered int o a contract with \r\nany insurers in respect of any liability under this Act to any workman, then in the event of the \r\nemployer becoming insolvent or making a composition or scheme of arrangement with his \r\ncreditors or, if the employer is a company, in the even t of the company having commenced \r\nto be wound up, the rights of the employer against the insurers as respects that liability shall, \r\nnotwithstanding anything in any law for the time being in force relating to insolvency or the \r\nwinding up of companies, be tr ansferred to and vest in the workman, and upon any such \r\ntransfer the insurers shall have the same rights and remedies and be subject to the same \r\nliabilities as if they were the employer, so, however, that the insurers shall not be under any \r\ngreater liability to the workman than they would have been under to the employer. \r\n(2) If the liability of the insurers to the workman is less than the liability of the \r\nemployer to the workman, the workman may prove for the balance in the insolvency \r\nproceedings or liquidation. \r\n(3) Where in any case such as is referred to in sub -section (1) the contract of the \r\nemployer with the insurers is void or voidable by reason of non-compliance on the part of the \r\nemployer with any terms or conditions of the contract (other than a stip ulation for the \r\npayment of premia), the provisions of that sub -section shall apply as if the contract were not \r\nvoid or voidable, and the insurers shall be entitled to prove in the insolvency proceedings or \r\nliquidation for the amount paid to the workman: \r\nProvided that the provisions of this sub -section shall not apply in any case in which \r\nthe workman fails to give notice to the insurers of the happening of the accident and of any \r\nresulting disablement as soon as practicable after he becomes aware of the inst itution of the \r\ninsolvency or liquidation proceedings. \r\n(4) There shall be deemed to be included among the debts which under section \r\n49 of the \r\n2\r\n[Insolvency (Karachi Division) Act\r\n3\r\n], 1909, or under section 61 of the Provincial \r\n                                                           \r\n1Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, s. 9. \r\n2Substituted for the words “Insolvency (Karachi Division and Dacca) Act” by the Federal Laws (Revision and Declaration) \r\nOrdinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary), dated, July 8, 1981 , pp. 345-475, s. 3 \r\nand Second Schedule. \r\n3III of 1909. \r\nInsolvency Act, 1920\r\n1\r\n, or under section 230 of the \r\n2\r\n[*] Companies Act, 1913 (VII of 1913), are \r\nin the distribution of the property of an insolvent or in the distribution of the assets of a \r\ncompany being wound up to be paid in priority to all other debts, the amount due in respect \r\nof any compensation the liability wherefor accrued before the date of the order of \r\nadjudication of the insolvent or the date of the commencement of the winding up, as the \r\ncase may be, and those Acts shall have effect accordingly. \r\n(5) Where the compensation is a h alf-monthly payment, the amount due in \r\nrespect thereof shall, for the purposes of this section, be taken to be the amount of the lump \r\nsum for which the half -monthly payment could, if redeemable, be redeemed if application \r\nwere made for that purpose under s ection 7, and a certificate of the Commissioner as to the \r\namount of such sum shall be conclusive proof thereof. \r\n(6) The provisions of sub -section (4) shall apply in the case of any amount for \r\nwhich an insurer is entitled to prove under sub -section (3), but  otherwise those provisions \r\nshall not apply where the insolvent or the company being wound up has entered into such a \r\ncontract with insurers as is referred to in sub-section (1). \r\n(7) This section shall not apply where a company is wound up voluntarily mere ly \r\nfor the purposes of reconstruction or of amalgamation with another company. \r\n15. \r\n3\r\n[ * * * * * * * * *   ]  \r\n16. Returns as to compensation.– The \r\n4\r\n[Provincial Government] may, by notification in \r\nthe Gazette of India, direct that every person employing workmen, or that any specified class \r\nof such persons, shall send at such time and in such form and to such authority, as may be \r\nspecified in the notification, a correct return specifying the number of injuries in respect of \r\nwhich compensation has been paid by the employer during the previous year and the \r\namount of such compensation, together with such other particulars as to the compensation \r\nas the \r\n5\r\n[Provincial Government] may direct. \r\n17. Contracting out .– Any contract or agreement whether made before or after the \r\ncommencement of this Act, whereby a workman relinquishes any right of compensation from \r\nthe employer for personal injury arising out of or in the course of the employment, shall be \r\nnull and void in so far as it purports to remove or reduce the liabilit y of any person to pay \r\ncompensation under this Act. \r\n18. Proof of age .– Where any question arises as to the age of a person injured by \r\naccident arising out of and in the course of his employment in a factory, \r\n6\r\n[a valid certificate \r\ngranted in respect of such person under section 12 or section 52 of the Factories Act, 1934\r\n7\r\n], \r\nbefore the occurrence of the injury shall be conclusive proof of the age of such person. \r\n8\r\n[18A. Penalties.– (1) Whoever,–  \r\n                                                           \r\n1V of 1920. \r\n2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated \r\n25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1). \r\n3Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 6.   \r\n4Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule. \r\n5Substituted for the words “the Governor-General in Council” by the Order ibid. \r\n6Substituted for the words “a certificate granted in respect of such person under s. 8 or s. 9 of the Indian Factories Act, 1911” by \r\nthe Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government  Gazette, Punjab, Part -IV, \r\ndated April 15, 1938, pp. 119-122, s. 18. \r\n7XXV of 1934. \r\n8Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, s. 11. \r\n(a) fails to maintain a notice -book which he is required to main tain under sub -\r\nsection (3) of section 10, or  \r\n(b) fails to send to the Commissioner a statement which he is required to send \r\nunder sub-section (1) of section 10A, or  \r\n(c) fails to send a report which he is required to send under section 10B, or  \r\n(d) fails to make a return which he is required to make under section 16, \r\n1\r\n[or  \r\n(e) fails to affix the abstracts of this Act and of the rule s as required by section \r\n10D].shall be punishable with fine which may extend to \r\n2\r\n[five thousand rupees \r\nbut not less than one thousand rupees.] \r\n3\r\n[(1A) \r\n4\r\n[* * * * * * * * *  ]] \r\n(2) No prosecution under this section shall be instituted except by or with the \r\nprevious sanction of a Commissioner, and no Court shall take cognizance of any offence \r\nunder this section, unless complaint ther eof is made within six months of the date on which \r\nthe offence is alleged to have been committed.] \r\nCHAPTER III \r\nCommissioners \r\n19. Reference to Commissioners.– (1) If any question arises in any proceedings \r\nunder this Act as to the liability of any person to pay compensation (including any question \r\nas to whether a person injured is or is not a workman) or as to the amount or duration of \r\ncompensation (including any question as to the nature or extent of disablement), the \r\nquestion shall, in default of agreement, be settled by \r\n5\r\n[a Commissioner]. \r\n(2) No Civil Court shall have jurisdiction to settle, decide or deal with any \r\nquestion which is by or under this Act required to be settled, decided or dealt with by a \r\nCommissioner or to enforce any liability incurred under this Act. \r\n20. Appointment of Commissioners .– (1) The \r\n6\r\n[Provincial Government] may, by \r\nnotification in the \r\n7\r\n[Official Gazette], appoint any person to be a Commissioner for \r\nWorkmen's Compensation for such local area as may be specified in the notification. \r\n8\r\n[(2) Where more than one Commissioner has been appointed for any local area, \r\nthe \r\n9\r\n[Provincial Government] may, by general or special order, regulate the distribution of \r\nbusiness between them.] \r\n                                                           \r\n1Added by th e Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan \r\n(Extraordinary), dated March 16, 1957, pp. 583-586, s. 8. \r\n2Substituted for the words “one hundred rupees” by the Punjab Workmen‟s Compensation (Amendment) Act , 2013 (XXVII of \r\n2013), published in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 7. \r\n3Inserted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 13, 1972, pp. 485-519, s. 2 and First Schedule. \r\n4Omitted by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette of Pakistan \r\n(Extraordinary), dated February 7, 1973, pp. 37-38, s. 5. \r\n5Substituted for the words “the Commi ssioner” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), \r\npublished in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 12.  \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n7Substituted for the words “local official Gazette” by the Order ibid. \r\n8Inserted by the Workmen‟s Compensation (Am endment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, clause (a) of s. 13.  \r\n9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published  \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n1\r\n[(3)] Any Commissioner may, for the purpose of deciding any matter referred to \r\nhim for decision under this Act, choose one or more persons possessing special knowledge \r\nof any matter relevant to the matter under inquiry to assist him in holding the inquiry. \r\n2\r\n[(4)] Every Commissioner shall be deemed to be a public se rvant within the \r\nmeaning of the \r\n3\r\n[Pakistan] Penal Code\r\n4\r\n. \r\n21. Venue of proceedings and transfer .– (1) Where any matter is under this Act to be \r\ndone by or before a Commissioner, the same shall, subject to the provisions of this Act and \r\nto any rules made here under, be done by or before \r\n5\r\n[a Commissioner] for the local area in \r\nwhich the accident took place which resulted in the injury: \r\nProvided that, where the workman is the master of a \r\n6\r\n[*] ship or a seaman, any such \r\nmatter may be done by or before \r\n7\r\n[a Commissioner] for the local area in which the owner or \r\nagent of the ship resides or carries on business. \r\n(2) If a Commissioner is satisfied \r\n8\r\n[that any matter arising out of any proceedings \r\npending before him] can be more conveniently dealt with by any other Commissioner, \r\nwhether in the same province or not, he may subject to rules made under this Act, order \r\nsuch matter to be transferred to such other Commissioner either for report or for disposal, \r\nand, if he does so, shall forthwith transmit to such other Commissio ner all documents \r\nrelevant for the decision of such matter and, where the matter is transferred for disposal, \r\nshall also transmit in the prescribed manner any money remaining in his hands or invested \r\nby him for the benefit of any party to the proceedings: \r\n9\r\n[Provided that the Commissioner shall not, where any party to the proceedings has \r\nappeared before him, make any order of transfer relating to the distribution among \r\ndependants of a lump sum without giving such party an opportunity of being heard:] \r\nProvided \r\n10\r\n[further] that no matter other than a matter relating to the actual payment \r\na workman or the distribution among the dependants of a lump sum shall be transferred for \r\ndisposal under this sub -section to a Commissioner in the same province save with the  \r\nprevious sanction of the \r\n11\r\n[Provincial Government] or to a Commissioner in another province \r\nsave with the previous sanction of \r\n12\r\n[the Provincial Government of that Province], unless all \r\nthe parties to the proceedings agree to the transfer. \r\n(3) The Commissio ner to whom any matter is so transferred shall, subject to \r\nrules made under this Act, inquire there into and, if the matter was transferred for report, \r\nreturn his report thereon or, if the matter was transferred for disposal, continue the \r\nproceedings as if they had originally commenced before him. \r\n                                                           \r\n1Renumbered by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, \r\ndated October 6, 1933, pp. 161-167, clause (b) of s. 13.  \r\n2Ibid. \r\n3Substituted for the word “India” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4 , \r\ndated 25th  March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1). \r\n4XLV of 1860. \r\n5Substituted for the words “the Commissioner” by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), \r\npublished in the Punjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, clause (a) of s. 14. \r\n6Omitted the word “registered” by the Act ibid.  \r\n7Substituted for the words “the Commissioner” by the Act ibid. \r\n8Substituted for the words “by any party to any proceedings pending before him that such matter” by the Workmen‟s Compensation  \r\n(Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part -IV, dated April 15, 1938, pp. 119-122, clause \r\n(a) of s. 9. \r\n9Inserted by the Act ibid., clause (b) of s. 9. \r\n10Ibid. \r\n11Substituted for the words “Local Government” by the Government of  India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n12Substituted for the words “the Governor-General in Council” by the Order ibid., s. 3 and the Schedule. \r\n(4) On receipt of a report from a Commissioner to whom any matter has been \r\ntransferred for report under sub-section (2), the Commissioner by whom it was referred shall \r\ndecide the matter referred in conformity with such report. \r\n1\r\n[(5) The \r\n2\r\n[Provincial Government] may transfer any matter from any \r\nCommissioner appointed by it to any other Commissioner appointed by it.] \r\n22. Form of application .– (1) No application for the settlement of any matter by a \r\nCommissioner \r\n3\r\n[, other than an application by a dependent or dependents for compensation] \r\nshall be made unless and until some question has arisen between the parties in connection \r\ntherewith which they have been unable to settle by agreement. \r\n(2) \r\n4\r\n[An application to a Commis sioner] may be made in such form and shall be \r\naccompanied by such fee, if any, as may be prescribed, and shall contain, in addition to any \r\nparticulars which may be prescribed, the following particulars, namely:– \r\n(a) a concise statement of the circumstances  in which the application is made \r\nand the relief or order which the applicant claims; \r\n(b) in the case of a claim for compensation against an employer, the date of \r\nservice of notice of the accident on the employer and, if such notice has not \r\nbeen served or has not been served in due time, the reason for such \r\nomission; \r\n(c) the names and addresses of the parties; and \r\n(d) \r\n5\r\n[except in the case of an application by dependents for compensation,] a \r\nconcise statement of the matters on which agreement has and \r\n6\r\n[of] those on \r\nwhich agreement has not been come to. \r\n(3) If the applicant is illiterate or for any other reason is unable to furnish the \r\nrequired information in writing, the application shall, if the applicant so desires, be prepared \r\nunder the direction of the Commissioner. \r\n7\r\n[22A. Power of Commissioner to require further deposit in cases of fatal accident .– \r\n(1) Where any sum has been deposited by an employer as compensation payable in respect \r\nof a workman whose injury has resulted in death, and in the opinion of t he Commissioner \r\nsuch sum is insufficient, the Commissioner may, by notice in writing stating his reasons, call \r\nupon the employer to show cause why he should not make a further deposit within such time \r\nas may be stated in the notice.  \r\n(2) If the employer fa ils to show cause to the satisfaction of the Commissioner, the \r\nCommissioner may make an award determining the total amount payable, and requiring the \r\nemployer to deposit the deficiency]. \r\n23. Powers and procedure of Commissioners .– The Commissioner shall ha ve all the \r\npowers of a Civil Court under the Code of Civil Procedure, 1908\r\n8\r\n, for the purpose of taking \r\n                                                           \r\n1Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, dated \r\nOctober 6, 1933, pp. 161-167, clause (b) of s. 14. \r\n2Substituted for the words “Local Government” by the Governmen t of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n3Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), publi shed in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, clause (a) of s. 15. \r\n4Substituted for the words “Where any such question has arisen, the application” by the Act ibid., clause (b)(i) of s. 15. \r\n5Inserted by the Act ibid., clause (b)(ii) of s. 15. \r\n6Substituted for the word “on” by the Repealing and Amending Act, 1925 (XXXVII of 1925), published in the Gazette of India, \r\nPart-IV, dated October 3, 1925, p. 67, s. 2 and First Schedule. \r\n7Inserted by the Workmen‟s Compensation (Amendment) Ac t, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, s. 16. \r\n8V of 1908. \r\nevidence on oath (which such commissioner is hereby empowered to impose) and of \r\nenforcing the attendance of witnesses and compelling the production of do cuments and \r\nmaterial objects \r\n1\r\n[and the Commissioner shall be deemed to be a Civil Court for all the \r\npurposes of section 195 and of Chapter XXXV of the Code of Criminal Procedure, 1898.\r\n2\r\n] \r\n24. Appearance of parties.– Any appearance, application or act required to be made or \r\ndone by any person before or to a Commissioner (other than an appearance of a party which \r\nis required for the purpose of his examination as a witness) may be made or done on behalf \r\nof such person by a legal practitioner or \r\n3\r\n[by an official  of an Insurance Company or \r\nregistered Trade Union authorized in writing by such person or, with the permission of the \r\nCommissioner, by any other person so authorized.] \r\n25. Method of recording evidence .– The Commissioner shall make a brief \r\nmemorandum of th e substance of the evidence of every witness as the examination of the \r\nwitness proceeds, and such memorandum shall be written and signed by the Commissioner \r\nwith his own hand and shall form part of the record: \r\nProvided that if the Commissioner is prevented  from making such memorandum, he \r\nshall record the reason of his inability to do so and shall cause such memorandum to be \r\nmade in writing from his dictation and shall sign the same, and such memorandum shall form \r\npart of the record: \r\nProvided further that th e evidence of any medical witness shall be taken down as \r\nnearly as may be word for word. \r\n26. Costs.– All costs incidental to any proceedings before a Commissioner, shall, \r\nsubject to rules made under this Act, be in the discretion of the Commissioner. \r\n27. Power to submit cases .– A Commissioner may, if he thinks fit, submit any \r\nquestion of law for the decision of the \r\n4\r\n[Tribunal] and, if he does so, shall decide the question \r\nin conformity with such decision. \r\n28. Registration of agreements.– (1) Where the amount of any lump sum payable as \r\ncompensation has been settled by agreement, whether by way of redemption of a half -\r\nmonthly payment or otherwise, or where any compensation has been so settled as being \r\npayable \r\n5\r\n[to a woman or a person under a legal disability] \r\n6\r\n[* * *], a memorandum thereof \r\nshall be sent by the employer to the Commissioner, who shall, on being satisfied as to its \r\ngenuineness, record the memorandum in a register in the prescribed manner: \r\nProvided that,– \r\n(a) no such memorandum shall be recorded be fore seven days after \r\ncommunication by the Commissioner of notice to the parties concerned; \r\n(b) \r\n7\r\n[* * * * * * * * *   ] \r\n                                                           \r\n1Added by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part -IV, dated \r\nApril 12, 1929, pp. 21-23, s. 5. \r\n2V of 1898. \r\n3Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, \r\nPart-IV, dated April 15, 1938, pp. 119-122, s. 10. \r\n4Substituted for the words “High Court” by the Labour La ws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated January 25, 1975, pp. 18-20, s. 2 and the Schedule. \r\n5Substituted for the words “to a person under a legal disability” by the Workmen‟s Compensation ( Amendment) Act, 1929 (V of \r\n1929), published in the Punjab Gazette, Part-IV, dated April 12, 1929, pp. 21-23, clause (a) of s. 6. \r\n6Omitted the words “or to a dependent” by the Repealing and Amending Act, 1924 (VII of 1924), published in the Gazette of \r\nIndia, Part-IV, dated March 22, 1924, pp. 71-72, s. 2 and the Second Schedule. \r\n7Omitted by the Workmen‟s Compensation (Amendment) Act, 1929 (V of 1929), published in the Punjab Gazette, Part-IV, dated \r\nApril 12, 1929, pp. 21-23, clause (b) of s. 6. \r\n(c) the Commissioner may at any time rectify the register; \r\n(d) where it appears to the Commissioner that an agreement as to the payment \r\nof a lump sum whether by way of redemption of a       half -monthly payment \r\nor an agreement as to the amount of compensation payable \r\n1\r\n[to a woman or a \r\nperson under a legal disability] \r\n2\r\n[* * * ], ought not to be registered by reason of \r\nthe inadequacy of the sum or amount, or by reason of the agreement having \r\nbeen obtained by fraud or undue influence or other improper means, he may \r\nrefuse to record the memorandum of the agreement \r\n3\r\n[and may make such \r\norder], including an order as to any sum already paid under t he agreement, \r\nas he thinks just in the circumstances. \r\n(2) An agreement for the payment of compensation which has been registered \r\nunder sub-section (1) shall be enforceable under this Act notwithstanding anything contained \r\nin the \r\n4\r\n[*] Contract Act, 1872\r\n5\r\n, or in any other law for the time being in force. \r\n29. Effect of failure to register agreement .– Where a memorandum of any \r\nagreement, the registration of which is required by section 28, is not sent to the \r\nCommissioner as required by that section, the employer shall be liable to pay the full amount \r\nof compensation which he is liable to pay under the provisions of this Act, and \r\nnotwithstanding anything contained in the proviso to sub -section (1) of section 4, shall not, \r\nunless the Commissioner otherwise directs , be entitled to deduct more than half of any \r\namount paid to the workman by way of compensation whether under the agreement or \r\notherwise. \r\n30. Appeals.– (1) An appeal shall lie to the \r\n6\r\n[Tribunal] from the following  orders of a \r\nCommissioner, namely:– \r\n(a) an order awarding as compensation a lump sum whether by way of \r\nredemption of a half -monthly payment or otherwise or disallowing a claim in \r\nfull or in part for a lump sum; \r\n(b) an order refusing to allow redemption of a half-monthly payment; \r\n(c) an order providing for the distribution of compensation among the dependants \r\nof a deceased workman, or disallowing any claim of a person alleging himself \r\nto be such dependant; \r\n(d) an order allowing or disallowing any claim for the amount of an indemnity \r\nunder the provisions of sub-section (2) of section 12; or \r\n(e) an order refusing to register a memorandum of agreement or registering the \r\nsame of providing for the registration of the same subject to conditions: \r\n Provided that no appeal shall lie against any order unless a substantial question of \r\nlaw is involved in the appeal and, in the case of an order other than an order such as is \r\nreferred to in clause (b), unless the amount in dispute in the appeal is not less than \r\n7\r\n[five \r\nthousand] rupees: \r\n                                                           \r\n1Substituted for the words “to a person under a legal disability” by the Act ibid., clause (a) of s. 6. \r\n2Omitted the words “or to any dependent” by the Repealing and Amending Act, 1924 (VII of 1924), published in the Gazette of \r\nIndia, Part-IV, dated March 22, 1924, pp. 71-72, s. 2 and the Second Schedule. \r\n3Substituted for the words “or may make such order” by the Act ibid., s. 2 and the First Schedule. \r\n4Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated \r\n25th  March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1). \r\n5IX of 1872. \r\n6Substituted for the words “High Court” by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazett e of \r\nPakistan (Extraordinary), Part I, dated January 25, 1975, pp. 18-20, s. 2 and the Schedule. \r\n7Substituted for the words ”three hundred” by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), \r\npublished in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 8.   \r\n Provided, further, that no ap peal shall lie in any case in which the parties have \r\nagreed to abide by the decision of the Commissioner, or in which the order of the \r\nCommissioner gives effect to an agreement come to by the parties: \r\n1\r\n[Provided further that no appeal by an employer under clause (a) shall lie unless the \r\nmemorandum of appeal is accompanied by a certificate by the Commissioner to the effect \r\nthat the appellant has deposited with him the amount payable under the order appealed \r\nagainst.] \r\n(2) The period of limitation for an appeal under this section shall be sixty days. \r\n(3) The provisions of section 5 of the \r\n2\r\n[*] Limitation Act\r\n3\r\n, 1908 shall be applicable \r\nto appeals under this section. \r\n4\r\n[(4) \r\n5\r\n[* * * * * * * * *  ]] \r\n6\r\n[30A. Withholding of certain payments pending decision of appeal .– Where an \r\nemployer makes an appeal under clause (a) of sub -section (1) of section 30, the \r\nCommissioner may, and if so directed by the \r\n7\r\n[Tribunal] shall pending the decision of the \r\nappeal, withhold payment of any sum in deposit with him.] \r\n31. Recovery.– \r\n8\r\n[(1)] The Commissioner, may recover as an arrear of land -revenue any \r\namount payable by any person under this Act, whether, under an agreement for the payment \r\nof compensation or otherwise and the Commissioner shall be deemed to be a public officer \r\nwithin the meaning of section 5 of the Revenue Recovery Act, 1890\r\n9\r\n. \r\n10\r\n[(2) Without prejudice to the provisions of sub -section (1), the Commissioner may \r\nrecover in the prescribed manner any amount referred to therein by distress and sale of the \r\nmovable property belonging to the person by whom the amount is payable, or by attachment \r\nand sale of the immovable property belonging to such person.] \r\nCHAPTER IV \r\nRules \r\n32. Power of the Governor General in Council to make rules .– (1) The \r\n11\r\n[Provincial \r\nGovernment] may make rules to carry out the purposes of this Act. \r\n(2) In particular and without prejudice to the generality of the foregoing power, \r\nsuch rules may provide for all or any of the following matters, namely:–  \r\n                                                           \r\n1Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, s. 17. \r\n2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated \r\n25th  March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1). \r\n3IX of 1908. \r\n4Inserted by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of Pakistan (Extraordinary), Part I, \r\ndated January 25, 1975, pp. 18-20, s. 2 and the Schedule. \r\n5Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published  in the Punjab Gazette \r\n(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (b) of s. 8.   \r\n6Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, s. 18.  \r\n7Substituted for the words “High Court” by the Labour Laws (Amendment) Act, 1975 (XI of 1975), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated January 25, 1975, pp. 18-20, s. 2 and the Schedule. \r\n8Re-numbered by the Labour Laws ( Amendment) Act, 1976 (XI o f 1976), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 16, 1976, pp. 201-475, s. 2 and the Schedule. \r\n9I of 1890. \r\n10Added by the Labour Laws (Amendment) Act, 1976 (XI o f 1976), published in the Gazette of Pakista n (Extraordinary), dated \r\nApril 16, 1976, pp. 201-475, s. 2 and the Schedule. \r\n11Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule. \r\n(a) for prescribing the intervals at which and the conditions su bject to which and \r\napplication for review may be made under section 6 when not accompanied \r\nby a medical certificate; \r\n(b) for prescribing the intervals at which and the conditions subject to which a \r\nworkman may be required to submit himself for medical exam ination under \r\nsub-section (1) of section 11; \r\n(c) for prescribing the procedure to be followed by Commissioners in the disposal \r\nof cases under this Act and by the parties in such cases; \r\n(d) for regulating the transfer of matters and cases from one Commissioner to \r\nanother and the transfer of money in such cases; \r\n(e) for prescribing the manner in which money in the hands of a Commissioner \r\nmay be invested for the benefit of dependants of a deceased workman and \r\nfor the transfer of money so invested from one Commissioner to another; \r\n1\r\n[(ee) for prescribing the manner in which any balance of money may under sub -\r\nsection (4) of section 8 be transferred to a fund or funds for the benefit of \r\nworkmen and for the establishment and administration of such fund or funds;] \r\n(f) for the representation in proceedings before Commissioners of parties who \r\nare minors or are unable to make an appearance; \r\n(g) for prescribing the form and manner in which memoranda of agreements shall \r\nbe presented and registered; \r\n(h) for the withholding by Commissioners, whether in whole or in part of half -\r\nmonthly payments pending decision on applications for review of the same; \r\n2\r\n[*]  \r\n3\r\n[(i) for regulating the scales of costs which may be allowed in proceedings under \r\nthis Act;  \r\n(j) for prescribing and dete rmining the amount of the fees payable in respect of \r\nany proceedings before a Commissioner under this Act; \r\n(k) for the maintenance by Commissioners of registers and records of \r\nproceedings before them;  \r\n(l) for prescribing the classes of employers who shall maintain notice-book under \r\nsub-section (3) of section 10, and form of such notice-books;  \r\n(m) for prescribing the form of statement to be submitted by employers under \r\nsection 10A; \r\n4\r\n[\r\n5\r\n[*]] \r\n(n) for prescribing the cases in which the report referred in to section 10B may be \r\nsent to any authority other than the Commissioner] \r\n6\r\n[\r\n7\r\n[; and]] \r\n                                                           \r\n1Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan \r\n(Extraordinary), dated March 16, 1957, pp. 583-586, clause (1) of s. 9. \r\n2Omitted the word “and” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule. \r\n3Inserted by the Order ibid. \r\n4Ibid. \r\n5Omitted the word “and” by the Workmen‟ s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of \r\nPakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (2) of s. 9. \r\n6Omitted the word “and” by the Government of India (Adaptation of Indian Laws) Order, 1937, publ ished in the Gazette of India \r\n(Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule. \r\n7Added the semi-colon and the word “and” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in \r\nthe Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (3) of s. 9. \r\n1\r\n[(o) for prescribing the abstracts of this Act and of the rules required by section \r\n10D.] \r\n33. \r\n2\r\n[ * * * * * * * * *   ] \r\n34. Publication of rules.– (1) The power to make rules c onferred by \r\n3\r\n[section 32] shall \r\nbe subject to the condition of the rules being made after previous publication. \r\n(2) The date to be specified in accordance with clause (3) of section 23 of the \r\nGeneral Clauses Act, 1897\r\n4\r\n, as that after which a draft of rules  proposed to be made under \r\nsection 32 \r\n5\r\n[* * *] will be taken into consideration, shall not be less than three months from \r\nthe date on which the draft of the purposed rules was published for general information. \r\n(3) Rules so made shall be published in \r\n6\r\n[* *] the \r\n7\r\n[Official Gazette], \r\n8\r\n[* * *], and, \r\non such publication, shall have effect as if enacted in this Act. \r\n9\r\n[35. \r\n10\r\n[ * * * * * * * * *   ] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                           \r\n1Added by the Act ibid., clause (4) of s. 9. \r\n2Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), \r\ndated April 1, 1937, pp. 75-344, s. 3 and the Schedule. \r\n3Substituted for the words and figures “sections 32 and 33” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule. \r\n4X of 1897. \r\n5Omitted the words and figure “or section 33” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and the Schedule. \r\n6Omitted the words “the Gazette of India or” by the Order ibid. \r\n7Substituted for the words “local official Gazette” by the Order ibid., s. 4 and Table of General Adaptations. \r\n8Omitted the words “as the case may be” by the Order ibid., s. 3 and the Schedule. \r\n9Inserted by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part -IV, \r\ndated October 6, 1933, pp. 161-167, s. 20. \r\n10Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the  Punjab Gazette \r\n(Extraordinary), dated December 16, 2013, pp. 1821-1822, s. 9.   \r\n1\r\n[SCHEDULE I \r\n[See \r\n2\r\n[sections 2(1) and 4]]  \r\nLIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL \r\nDISABLEMENT \r\nSl.No. Description of injuries Percentage of loss \r\nof earning capacity \r\n1. Loss of both hands or amputation at higher sites 100 \r\n2. Loss of a hand and a foot 100 \r\n3. Double amputation through leg or thigh, or amputation \r\nthrough leg or thigh on one side and loss of other foot\r \r\n100 \r\n4. Loss of sight to such an extent as to render the claimant \r\nunable to perform any work for which eye-sight is essential \r\n100 \r\n5. Very severe facial disfigurement 100 \r\n6. Absolute deafness 100 \r\nLIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL \r\nDISABLEMENT \r\nAmputation cases– Upper limbs (either arm)  \r\n1. Amputation through shoulder joint 90 \r\n2. Amputation below shoulder with stump less than 8\" from tip of \r\nacromion \r\n80 \r\n3. Amputation from 8\" from tip of acromion to less than 4 -1/2\" below \r\ntip of olecranon \r\n70 \r\n4. Loss of a hand or of the thumb and four fingers of one hand or \r\namputation from 4-1/2\" below tip of olecranon \r\n60 \r\n5. Loss of thumb 30 \r\n6. Loss of thumb and its metacarpal bone 40 \r\n7. Loss of four fingers of one hand 50 \r\n8. Loss of three fingers of one hand 30 \r\n9. Loss of two fingers of one hand 20 \r\n10. Loss of terminal phalanx of thumb 20 \r\nAmputation cases-Lower limbs \r\n11. Amputation of both feet resulting in end-bearing stumps 90 \r\n12. Amputation through both feet proximal to the metatarso-phalangeal \r\njoint \r\n80 \r\n13. Loss of all toes of both feet through the metatarso-phalangeal joint 40 \r\n14. Loss of all toes of both feet proximal to the proximal inter -\r\nphalangeal joint \r\n30 \r\n                                                           \r\n1Substituted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan \r\n(Extraordinary), dated April 13, 1972, pp. 485-519, s. 2 and the Second Schedule. \r\n2Substituted for the word, brackets and figures “section 2(1) and (4)” by the Act ibid., s. 2 and the Schedule. \r\n15. Loss of all toes of both feet distal to the proximal i nter-phalangeal \r\njoint \r\n20 \r\n16. Amputation at hip 90 \r\n17. Amputation below hip with stump not exceeding 5\" in length \r\nmeasures from tip of great trochanter \r\n80 \r\n18. Amputation below hip with stump exceeding 5\" in length measured \r\nfrom tip of great trochanter but not beyond middle thigh \r\n70 \r\n19. Amputation below middle thigh to 3-I/2\" below knee 60 \r\n20. Amputation below knee with stump exceeding 3 -1/2\" but not \r\nexceeding 5\" \r\n50 \r\n21. Amputation below knee with stump exceeding 5\" 40 \r\n22. Amputation of one foot resulting in end-bearing 30 \r\n23. Amputation through one foot proximal to the metatarso -phalangeal \r\njoint \r\n30 \r\n24. Loss of all toes of one foot through the metatarso-phalangeal joint 20 \r\nOther injuries \r\n25. Loss of one eye, without complications, the other being normal 40 \r\n26. Loss of vision of one eye without complication or disfigurement of \r\neyeball, the other being normal \r\n30 \r\nFingers of right/left hand index finger \r\n27. Whole 14 \r\n28. Two phalanges 11 \r\n29. One phalanx 9 \r\n30. Guillotine amputation of tip without loss of bone. 5 \r\nMiddle finger \r\n31. Whole 12 \r\n32. Two phalanges 9 \r\n33. One phalanx 7 \r\n34. Guillotine amputation of tip without loss of bone 4 \r\nRing or little finger \r\n35. Whole 7 \r\n36. Two phalanges 6 \r\n37. One phalanx 5 \r\n38. Guillotine amputation of tip without loss of bone 2 \r\nToes of right or left foot great toe \r\n39. Through metatarso-phalangeal joint. 14 \r\n40. Part, with some loss of bone 3 \r\nAny other toe \r\n41. Through metatarso-phalangeal joint 3 \r\n42. Part, with some loss of bone 1 \r\nTwo toes of one foot, excluding great toe \r\n43. Through metatarso-phalangeal joint 5 \r\n44. Part, with some loss of bone 2 \r\nThree toes of one foot, excluding great toe \r\n45. Through metatarso-phalangeal joint 6 \r\n46. Part, with some loss of bone 3 \r\nFour toes of one foot, excluding great toe \r\n47. Through metatarso-phalangeal joint 9 \r\n48. Part, with some loss of bone 3] \r\nSCHEDULE II \r\n[See section 2 (1) (n)] \r\nList of persons who, subject to the provisions of section 2 (1) (n), are included in \r\nthe definition of workman. \r\nThe following persons are workmen within the meaning of section 2 (1) (n) and \r\nsubject to the provisions of that section, that is to say, any person who is – \r\n1\r\n[(i) employed, otherwise than \r\n2\r\n[* * *] on a railway, in connection with the operation or \r\nmaintenance of \r\n3\r\n[a lift or a vehicle  propelled by steam or other mechanical power or \r\nby electricity]; or \r\n(ii) employed, \r\n4\r\n[* * *], in any premises wherein, or within the precincts whereof, on any \r\none day of the preceding twelve months, ten or more persons have been employed \r\nin any manufacturing process, as defined in \r\n5\r\n[clause (g) of section 2 of the Factories \r\nAct, 1934\r\n6\r\n], or in any kind of work whatsoever incidental to or connected with any \r\nsuch manufacturing process or with the article made, and steam, water or other \r\nmechanical power or electrical power is used \r\n7\r\n[\r\n8\r\n[* * *]]; or \r\n(iii) employed \r\n9\r\n[in any place to which section 5 of the Factories Act, 1934\r\n10\r\n has been \r\napplied or] for the purpose of making, altering, repairing, ornamenting, finishing or \r\n                                                           \r\n1Substituted for clauses (i) to (xiii) by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the \r\nPunjab Gazette, Part-IV, dated October 6, 1933, pp. 161-167, s. 12. \r\n2Omitted the words “in a clerical capacity or” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published \r\nin the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (a) of s. 6. \r\n3Substituted for the word s “mechanically propelled vehicles” by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of \r\n1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 11. \r\n4Omitted the words “otherwise than in a clerical capacity” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of \r\n1957), published in the Gazette of Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (3) of s. 10. \r\n5Substituted for the words, brackets and figures “clause (4) of section  2 of the Indian Factories Act, 1911” by the Workmen‟s \r\nCompensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part -IV, dated April 15, \r\n1938, pp. 119-122, clause (b) of s. 11. \r\n6XXV of 1934. \r\n7Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan \r\n(Extraordinary), dated March 16, 1957, pp. 583-586, clause (1) of s. 10. \r\n8Omitted the words “but not person‟s  employed solely in a clerical capacity in any room or place where no manufacturing \r\nprocess is being carried on” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of 1973), published in the Gazette \r\nof Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (b) of s. 6. \r\n9Inserted by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette of Pakistan \r\n(Extraordinary), dated March 16, 1957, pp. 583-586, clause (2) of s. 10. \r\n10XXV of 1934. \r\notherwise adapting for us, transport or sale any  article or part of an article in any \r\npremises wherein or within precincts whereof on any one day of the preceding twelve \r\nmonths, fifty or more persons have been so employed; or \r\n(iv) employed in the manufacture or handling of explosives in any premises whe rein, or \r\nwithin the precincts whereof, on any one day of the preceding twelve months, ten or \r\nmore persons have been so employed; or \r\n(v) employed in any mine as defined in clause (f) of section 3 of the Mines Act, 1923\r\n1\r\n, in \r\nany mining operation, or in any k ind of work, \r\n2\r\n[* * * *] incidental to or connected with \r\nany mining operation or with the mineral obtained, or in any kind of work whatsoever \r\nbelow ground:  \r\nProvided that any excavation in which on no day of the preceding twelve months \r\nmore than fifty perso ns have been employed or explosives have been used and \r\nwhose depth from its highest to its lowest points does not exceed twenty feet, shall \r\nbe deemed not to be a mine for purpose of this clause; or \r\n(vi) \r\n3\r\n[* * * * * * * * *   ] \r\n(vii) [* * * * * * * * *   ]  \r\n (vii-a) [* * * * * * * * *   ]  \r\n(viii) employed in the construction, repair or demolition of–  \r\n4\r\n[(a) any building or structure; or] \r\n(b) any dam or embankment which is twenty feet or more in height from its lowest to \r\nits highest point; or \r\n(c) any road, bridge, or tunnel; or  \r\n(d) \r\n5\r\n[ * * * * * * * *   ]  \r\n(ix) employed in setting up, repairing maintaining, or taking down any telegraph or \r\ntelephone line or post of any overhead electric line or cable or post of standard for \r\nthe same; or  \r\n(x) employed \r\n6\r\n[* * *] i n the construction, working, repair or demolition of any aerial \r\nropeway, canal pipeline, or sewer; or \r\n(xi) employed in the service of any fire-brigade; or \r\n(xii) employed upon railway as defined in clause (4) of section 3, and subsection (1) of \r\nsection 148 of the Railways Act, 1890 (IX of 1890), either directly or through a sub -\r\ncontractor, by a person fulfilling a contract with the railway administration; or \r\n(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail \r\nService, or employed in any occupation ordinarily involving out -door work in the \r\n7\r\n[* *] \r\n                                                           \r\n1IV of 1923. \r\n2Omitted the commas and words “, other than clerical work,” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV of \r\n1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (c) of s. 6. \r\n3Omitted the clauses (vi), (vi i) and (viiia) by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), \r\npublished in the Punjab Gazette (Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 10.   \r\n4Substituted by the Workmen‟s Compensation (Amendment ) Act, 1957 (XI of 1957), published in the Gazette of Pakistan \r\n(Extraordinary), dated March 16, 1957, pp. 583-586, clause (4) of s. 10. \r\n5Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (b) of s. 10. \r\n6Omitted the commas and words “, otherwise than in a clerical capacity,” by the Workmen‟s Compensation (Amendment) Act, \r\n1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6. \r\n7Omitted the word “India” by the Adaptation of Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated \r\n25th  March, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3(1).  \r\nposts and Telegraphs Department; or  \r\n(xiii-a) \r\n1\r\n[*  *  *  *  *  *  *  *  *   ]  \r\n(xiv) employed \r\n2\r\n[* * *] in connection with operations for winning natural petroleum or \r\nnatural gas; or  \r\n(xv) employed in any occupation involving blasting operation; or  \r\n(xvi) employed in the making of excavation in which on any one day of the preceding \r\ntwelve months more than \r\n3\r\n[twenty-five] persons have been employed or explosive \r\nhave been used, or whose dept h from its highest to its lowest point exceeds twenty \r\nfeet; or  \r\n(xvii) employed in the operation of any ferry boat capable of carrying more than ten \r\npersons; or  \r\n(xviii) employed, \r\n4\r\n[* * *] on any estate which is maintained for the purpose of growing \r\ncinchona, coffee, rubber or tea, and on which on any one day in the preceding twelve \r\nmonths twenty-five or more persons have been so employed; or  \r\n  (xix) employed \r\n5\r\n[* * *] in the generating, transforming, or supplying of electrical energy or \r\nin the generating or supplying of gas, or  \r\n (xx) employed in a lighthouse as defined in clause (d) of section 2 of the Lighthouse Act, \r\n1927 (XVII of 1927); or  \r\n(xxi) employed in producing cinematograph pictures intended for public exhibition are in \r\nexhibiting such picture; or  \r\n (xxii) employed in the training, keeping or working of elephants or wild animals; or \r\n \r\n6\r\n[(xxiii) employed in the tapping of palm -trees or the felling or logging of trees, or the \r\ntransport of timber by inland waters, or the control or extinguishing of forest fires; or  \r\n(xxiv) employed in operations for the catching or hunting of elephants or other wild animals; \r\nor ] \r\n \r\n7\r\n[(xxv)] employed as a driver: \r\n \r\n8\r\n[(xxvi) employed in the handling or transport of goods in, or within the precinct of,–  \r\n(a) any warehouse o r other place in which goods are stored, and in which on any \r\none day of the preceding twelve months ten or more persons have been so \r\nemployed, or  \r\n(b) any market in which on any one day of the preceding twelve months one hundred \r\nor more persons have been so employed; or  \r\n(xxvii) employed in any occupation involving the handling and manipulation of radium or X -\r\n                                                           \r\n1Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 10. \r\n2Omitted the commas and words “, otherwise than in a clerical capacity,” by the Workmen‟s Compensation (Amendment) Act, \r\n1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6. \r\n3Substituted for the word “fifty” by the Workmen‟s Compensation (Amendment) Act, 1957 (XI of 1957), published in the Gazette \r\nof Pakistan (Extraordinary), dated March 16, 1957, pp. 583-586, clause (5) of s. 10. \r\n4Omitted the commas and words “, otherwise than in a cleri cal capacity,” by the Workmen‟s Compensation (Amendment) Act, \r\n1973 (XIV of 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6. \r\n5Omitted the commas and words “, otherwise than in a clerical capacity,” by the Workmen‟s Compensation (Amendment) Act, 1973 (XIV \r\nof 1973), published in the Gazette of Pakistan (Extraordinary), dated February 7, 1973, pp. 37-38, clause (d) of s. 6. \r\n6Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, Part-IV, \r\ndated April 15, 1938, pp. 119-122, clause (c) of s. 11. \r\n7Re-numbered by the Act ibid., clause (d) of s. 11. \r\n8Inserted by the Act ibid., clause (d) of s. 12. \r\nrays apparatus, or contact with radioactive substances.] \r\nExplanation.– in this Schedule “the preceding twelve months” relates in any particular case \r\nto the twelve months ending with the day on which the accident in such case occurred. \r\n \r\n1\r\n[(xxviii) employed as drivers, cleaners, conductors and checkers by Road Transport Service \r\nas defined in Sub-section (7) of section 2 of the Road Transport Workers Ordin ance, \r\n1961 (Ordinance XXVIII of 1961).] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                           \r\n1Added by Notification 1 -I-L-IV/65(II), dated December 13, 1965, published in the Gazette of Pakistan , Part-I, dated January 7, 1966, \r\np.13. \r\nSCHEDULE III \r\n(See section 3) \r\nList of occupational diseases \r\nOccupational disease Employment \r\n1\r\n[PART A \r\nAnthrax - - - - - - - - - - Any employment– \r\n(a)  involving the handling of wool, ha ir, bristles or \r\nanimal carcases or parts or such carcases, \r\nincluding hides, hoofs and horns, or   \r\n(b)    in connection with animals infected with \r\nanthrax, or  \r\n(c)  involving the loading, unloading or transport of \r\nany merchandise. \r\nCompressed air illness or  its \r\nsequelae. \r\nAny process carried on in compressed air. \r\nPositioning by lead tetra - ethyl Any process involving the use of lead tetra-ethyl. \r\nPoisoning by nitrous fumes. Any process involving exposure to nitrous fumes.] \r\nPART B \r\nLead poisoning or its seq uelae \r\n2\r\n[excluding poisoning by lead tetra \r\nethyl]. \r\nAny process involving the use of lead \r\n3\r\n[or any of its \r\npreparations or compounds except lead tetra-ethyl]. \r\nPhosphorus poisoning or its sequelae  Any process involving the use of phosphorus or its \r\npreparations or compounds.  \r\n4\r\n[Mercury poisoning or its sequelae.  Any process involving the use of mercury or its \r\npreparations or compounds. \r\nPoisoning by benzene and its \r\nhomologues, or the sequelae of such \r\npoisoning. \r\nHandling benzene or any of its homologues and \r\nany process in the manufacture or involving the use \r\nof benzene or any of its homologues. \r\nChrome ulceration or its sequelae. Any process involving the use of chronic acid or \r\nbichromate of ammonium, potassium or sodium, or \r\ntheir preparations. \r\n5\r\n[Arsenical poisoning or its sequelae. Any process involving the production, liberation or \r\nutilization of arsenic or its compounds. \r\nPathological manifestations due to- \r\n(a)  radium and other radio -\r\nactive substances; \r\n(b)  X-rays. \r\nAny process involving exposure to the action of \r\nradium, radio-active substances, or         X-rays. \r\nPrimary epitheliomatous cancer of the Any process involving the handling or use of tar, \r\n                                                           \r\n1Inserted by the Workmen‟s Compensation (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, Punjab, \r\nPart-IV, dated April 15, 1938, pp. 119-122, clause (a) of s. 12. \r\n2Added by the Act ibid., clause (b) of s. 12. \r\n3Substituted for the words “or its preparations or compounds” by the Act ibid. \r\n4Added by the Workmen‟s Compensation (Amendment) Act, 1933 (IV of 1933), published in the Punjab Gazette, Part-IV, dated \r\nOctober 6, 1933, pp. 161-167, s. 22. \r\n5Substituted for the words “Compressed air illness or its sequelae” by the Workmen‟s Compensation (Amendment) Act, 1938 \r\n(IX of 1938), published in the Government Gazette, Punjab, Part-IV, dated April 15, 1938, pp. 119-122, clause (c) of s. 12. \r\nskin. pitch, bitumen, mineral oil, paraffin, or the \r\ncompounds, products or residues of these \r\nsubstances.] \r\n1\r\n[Silicosis Any process involving the grinding, cleaning, fitting, \r\ncasting and crushing of stones]. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                           \r\n1Added by S.R.O. 581, published in the Gazette of Pakistan, dated December 11, 1959, p. 552. \r\n1\r\n[SCHEDULE IV \r\n(See section 4) \r\nCompensation payable in certain cases \r\n \r\n \r\n2\r\n[* * * *] \r\nAmount of Compensation for  \r\nHalf monthly payment \r\nas compensation for \r\ntemporary \r\ndisablement \r\nDeath  Permanent total \r\ndisablement  \r\n1 2 3 4 \r\n \r\n3\r\n[***] \r\nRs. Rs. ½ of the monthly \r\nwages during the \r\nperiod of disablement \r\nor a period of one \r\nyear, reckoned from \r\nthe date of injury, \r\nwhichever is less and \r\nthereafter only in the \r\ncase of chro nic lung \r\ndiseases 1/3 of the \r\nmonthly wages \r\nduring the period of \r\ndisablement or for a \r\nperiod of 5 years, \r\nreckoned from the \r\ndate of injury, \r\nwhichever is less.] \r\n4\r\n[4,00,000] \r\n5\r\n[4,00,000] \r\n \r\n \r\n \r\n \r\n \r\n                                                           \r\n1Substituted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary ), \r\nPart I, dated June 29, 1994, pp. 224-235, whereas the Schedule IV was earlier substituted by the Finance Act, 1986 (Act I of \r\n1986); and published in the Gazette of Pakistan (Extraordinary), Part I, dated 29.6.1986, s.4 and Second Schedule, which was \r\nagain substituted by the Labour Laws (Amendment) Act, 1994 (Act XI of 1994), Gazette of Pakistan (Extraordinary), Part I, \r\nJune 29, 1994, pp. 224-235. \r\n2Omitted by the Punjab Workmen‟s Compensation (Amendment) Act, 2013 (XXVII of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated December 16, 2013, pp. 1821-1822, clause (a) of s. 11. \r\n3Ibid. \r\n4Substituted for the figure “2,00,000” by the Act ibid., clause (b) of s. 11. \r\n5Ibid.",
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