-
Employees’ Old-Age
Benefits (Amendment) Ordinance, 1983. (Ordinance No. XVII of 1983),
-
Finance Act, 1986.
(Act 1 of 1986),
-
Labour Laws
(Amendments) Ordinance, 1993 (Ordinance XXIII of 1993),
-
Employees Old-Age
Benefits (Amendment) Ordinance, 2000. (Ordinance IX of 2000),
-
Labour Laws
(Amendment) Ordinance, 2001. (Ordinance LIII of 2001),
-
Employees’ Old-Age
Benefits (Amendment) Ordinance, 2002. (Ordinance I of 2002),
-
Employees' Old-age Benefits (Amendment)
Ordinance, 2002. (Ordinance XLVI of 2002), and
-
Finance Act, 2005.
EMPLOYEES’ OLD-AGE BENEFITS ACT, 1976
CONTENTS
CHAPTER – I
PRELIMINARY.
1.
Short title, extent, commencement and application.
2.
Definition.
CHAPTER – II
INSURED PERSON
3.
Compulsory
Insurance.
4.
Administration.
5.
Nomination of a
body corporate pending establishment of an Institution.
6.
Management.
7.
Board of Trustees
8.
Powers and Functions of the Board of Trustees
8A. Appointment, Powers and
Functions of Chairman
CHAPTER –
III
CONTRIBUTION
9.
Rates and Assessment
9A. Contribution by Government.
9B. Contribution by the insured person
10.
Records and Returns by Employers.
11.
Registration of Establishment, Etc.
11A. Cancellation of Registration of
Establishments etc.
12.
Officials of Institution to Check Employer's Books.
13. Increase of Unpaid Contribution and Recovery of Contribution, etc.,
as arrears of land revenue.
14.
Safeguard of Insured Person’s Right in Default of Payment of
Contributions by Employers.
15.
Refund of Contributions Paid Erroneously
16.
Extinguishment of Claims to Contributions
CHAPTER – IV
FINANCE
AND AUDIT
17.
Employees' Old‑Age Benefits Fund
18.
Investments and Loans
19.
Budget, Accounts and Audit
20.
Annual Report
21.
Valuation of Assets and Liabilities
CHAPTER – V
BENEFITS
22.
Old-Age Pension
22-A Old-Age Grant
22-B Survivor’s Pension Pension.
CHAPTER – VI
PROVISIONS COMMON TO ALL BENEFITS.
24.
Calculation of Qualifying Contribution Periods.
25.
Benefit Claims and Payments.
26.
Extinguishment of Benefits.
27.
Suspension of Old‑Age Pension and Survivor's Pension.
28.
Non‑Duplication of Benefit.
29.
Benefit nor Attachable, Chargeable Or Assignable.
30.
Repayment of benefit improperly received.
31.
Institution's Right to Be Indemnified in Certain Cases
32.
Recovery of Amounts Due
CHAPTER – VII
DETERMINATION
OF QUESTIONS AND CLAIMS
33.
Decisions of Complaints, questions and disputes.
34.
Review of decision
35.
Appeal to Board.
36.
Assessment of
invalidity.
CHAPTER – VIII
OFFENCE
AND PENALTIES. .
37.
Offences.
38.
Prosecution.
CHAPTER – IX
39.
Contributions etc
40.
Exemption From Stamp Duty
41.
Exemption From Taxes
42.
Member and servants of the institution to be public servants
43.
Delegation of Powers
44.
Power to make Rules
45.
Power to make Regulations
46.
Power to exempt.
47.
Act not to apply
to certain persons.
48.
Repealed
Schedule
EMPLOYEES' OLD‑AGE
BENEFITS ACT, 1976
(ACT No. XIV OF 1976)
[
April 15,1976
]
An Act
to repeal and re‑enact the Law relating of Old‑Age benefits
for the persons employed in industrial, commercial and other organizations.
WHEREAS it is expedient to repeal
and re‑enact the law relating to
old‑age benefits for the persons employed in industrial, commercial and
other organizations and matters connected therewith:
It is hereby
enacted as follows: ‑
CHAPTER 1
PRELIMINARY
1. Short Title, Extent, Commencement and
Application. (1) This Act may be called the Employees' Old‑Age
Benefits Act, 1976.
(2) It extends to the whole of
Pakistan
.
(3) It shall come into force at
once.
1[(4) It applies
to every industry or establishment.
(i)
wherein ten or more persons are employed by the employer, directly or through
any other person, whether on behalf of himself or any other person, or were so
employed on any day during the preceding twelve months, and shall continue to
apply to every such industry or establishment even if the number of persons
employed therein is, at any time after this Act becomes applicable to it,
reduced to less than ten; or
2[(i-a)
wherein less than ten persons are employed if such industry or establishment
voluntarily applies for application of this Act and this Act shall apply to such
industry or establishment for the date of submission of an application by such
industry or establishment; or
(ii) which the Federal Government may, by notification in the
official Gazette, specify in this behalf.}
_________________________________________________________________
1.
Sub-sec.(4) by Ord.
XVII of 1983.s.e enforced from July 1,1983=1983 PLS 81
2.
Inserted Cl.(i-a)
in sub-sec(4) by Labour Laws (Amendment) Ordinance,2001(Ord. LIII), s.7(1),
effective from
July 1, 2001
: Gaz.of Pak. Extr. Pt. I,
Oct. 20,2001
.
2. Definitions.‑In this Act, unless the context otherwise requires,‑
[(a) "benefits"
mean old‑age pension, invalidity pension, [survivor’s] 2 pension, old‑age
grant and such other payments as may be determined by the Federal Government
from time to time;}
3[(aa)
"Board” means the Board of
Trustees constituted under section 7 ;}
(b) "Contribution" means the sum of money payable to the
Institution by the employer {or by the Federal Government}4 in respect of
an insured person under the provisions of the Act.
5[(bb) "employee" means any person employed, whether directly or
through any other person, for wages or otherwise, to do any skilled or
unskilled, supervisory, clerical, manual or other work in, or in connection
with the affairs of, an industry or establishment, under a contract of service
or apprenticeship, whether written or oral, express or implied, and includes
such person when laid off {:]]
6[ Omitted]
Provided5[ * * ] that a director of a limited company or
of a corporation set up under any law shall not be treated as an employee
under this Act, irrespective of his wages or emoluments ;]
7[(c) "employer", in relation to an industry or establishment, mean
any employee, and includes‑
(i) in the case of an individual, an heir, successor,
administrator or assign;
(ii) a person who has ultimate control over the affairs of an industry or establishment, or where the affairs of an
industry or establishment are entrusted to any other person (whether called a
managing agent, managing director, manager, superintendent, secretary or by any
other name), such other person ;and]
8[(iii) [Omitted]
(d) "employment injury" means a personal injury to an insured person caused by
an accident, or by such occupational disease as may be specified in the
regulations, arising out of and in the course of his employment:
_________________________________________________________________________________
1 Cl..(a) added after re-numbering
original cl.(a) as (aa) by
Or. XVII of 1983, enforced from 1st July 1983= 1983 PLS 81
2. Subs.
for word”widow’s”,by Employees’ Old Age Benefits
(Amendment) Ord. 2002,s. 2(a)
3. Original Cl. (a) re-numbered as (aa), ibid.
4. Add.
By Finance Act, 1986(Act I of 1986) s.11.1.(a)
5. Cl. (bb) add by Ord. XVII of 1983.
6. Omitted
1st proviso of cl.(bb) added
by Act I of 1986, by Labour Laws(Amendment) Act, 1994.
7. Cl. ( c ) subs. By Ord. XVII of
1983, s. 3
8. Sub-Clause
(iii) omitted by Act I of 1986
1[(e) "establishment" means‑
( i ) an establishment to which the West of Pakistan
and Establishments Ordinance, l969 (West Pakistan Ordinance No. VIII of 1969)
for the time being applies, and notwithstanding anything contained in section 5
thereof, includes clubs, hostels, organisations and
messes not maintained for profit or gain and establishment, including
hospitals, for the treatment or care of sick, infirm, destitute or mentally
unfit persons ;
( ii ) a
construction industry as defined in the West Pakistan Industrial and Commercial
Employment (Standing Orders) Ordinance, 1968 (West Pakistan Ordinance No. VI of
1968);
( iii ) a
factory as defined in the Factories Act, 1934 (XXV of 1934);
(iv) a mine
as defined in the Mines Act, 1923(IV of 1923) ;
(v) a road transport service as
defined in the Road Transport Workers Ordinance, 1961 (XXVIII of1961) ; and
includes any class of industries or establishments which the Federal Government
may, by notification in the official Gazette, declare to be establishments for
the purposes of this Act.]
(f) "fund" means the Employees'
Old‑Age Benefits Fund set up under section l7 ;
(g) "industry" means any
business, trade, undertaking, manufacture or calling of employers, and includes
any calling, service, employment, handicraft industrial occupation or avocation of workmen ;
(h) "institution" means the
Employees' Old‑Age Benefits Institution established or nominated under
section 4 [or section 5;] 2
(i) "insured person" means [an employee] 3 who is or was in
insurable employment;
(j) "insurable employment" means employment of a person under a contract of
service or apprenticeship, whether written or oral, express or implied and in
respect of which contributions are payable under this Act;
_________________________________________________________________
1.
Cl. (a) subs. By Ord. XVII of 1983,
s.4=1983 PLS 81.
2.
Words and figure added. ibid.
3.
Subs for “a person”, by Act I of 1986.
(k) "invalidity" means a condition, other than that caused by an employment
injury, as a result of which an insured person is permanently incapacitated to
such an extent as to earn from his usual or other occupation more than one
third of the normal rates of earning in his usual occupation ;
(1) "member" means a member of
the Board ;
(m) "prescribed" means
prescribed by rules ;
(n) "regulations" means
regulations made by the Board ;
(o) "rules" means rules made
under this Act;
1[(oa) [ Omitted}
2[(P) “wages” means the rates of wages
as declared under the Minimum Wages for Unskilled Worker Ordinance, 1969 (W.P.Ordinance XX of 1969)”
[(q) “year”, with respect to insurable employment means, a total of three
hundred and sixty‑five days for which contribution are payable, or, in the
case of insured persons who are not paid for weekly holidays, a minimum of
three hundred and twelve days.]
1 Self Assessment
scheme omitted by Finance Act, 2005.
2 Clauses (p)
subs. by Finance Act, 2005.
CHAPTER II
INSURED PERSONS
1[3. Compulsory Insurance.‑
All employees in an industry or establishment shall be insured in the manner
prescribed by or under this Act.]
4.
Administration.‑(1) As soon as may be, after the commencement of this
Act, the Federal Government shall establish or nominate by notification an
Institution to be called the Employees' Old‑Age Benefits Institution.
(2) The Institution shall be a body
corporate having perpetual succession and a common seal, with powers, subject
to the provisions of the Act, to acquire, hold and dispose of property, both
movable and immovable, and shall by the aforesaid name sue or be sued.
5.
Nomination of a Body Corporate Pending Establishment of An Institution.‑
(1) Notwithstanding anything
contained in section 4, the Federal Government may, pending the establishment
of an Institution, by notification in the official Gazette, nominate a body
corporate to exercise and perform all the powers and functions of the
Institution under this Act and appoint the head of such body corporate, by
whatever name called, to be the 2[Chairman] of the Institution.
(2) The nomination of a body
corporate under sub‑section (1) shall be subject to such terms and
conditions as the Federal Government ma, from time to time, determine.
6.
Management.‑(1) The general direction and
superintendence of the affairs of the Institution shall vest in Board which
may, with the assistance of the 2[Chairman] of the Institution, exercise all powers and do all
acts and things which may be exercised or done by the Institution.
(2) In discharging its functions,
the Institution shall be guided by such instructions on questions of policy as
may be given to it from time to time, by the Federal Government, which shall be
the sole judge as to whether any instructions are on a question of policy or
not.
7.
Board of Trustees.‑(1) The Board of Trustees
shall consist of the following members to be appointed by the Federal
Government, by notification, namely:‑
_____________________________________________________________________
1. Subs
by Finance Act,(Act 1 of 1986)
2. Subs
for word ”head” by Ord. XVII of 1983, s. 5=1983 PLS 81
3. Appointments
of members notified under S.R.O.588 (1)/76, June, 14=Gaz. Of Pak.Extr. Pt. II,
18 June 1976
.
(a) the Secretary of Additional Secretary in the Labour Division, who shall also be the 1[President] of
the Board of Trustees ;
2(b) four persons to represent the
Federal Government, one each from the Ministries of Finance and Labour;
(c) four persons to represent the Provincial Governments, one to be nominated by each of
the Provincial Government ;
(d) four persons to represent employers ;
(e) four persons to represent insured persons ; and
3(f) one persons to represent
the Institution.
(2) Members to be appointed under
clause (d) and (e) of sub‑section (1) shall respectively be chosen from a
list of names submitted in the prescribed manner by the organisations to the employers and employees recognized by the Federal Government for that
purpose.
Provided that, pending the making of
rules in this behalf, the first members to be so appointed shall be chosen from
such persons as the Federal Government may deem fit.
8.
Powers and Functions of the Board of Trustees. In addition to the powers
conferred on, and the functions entrusted to it by the other provisions of this
Act or by the rules, the Board shall have powers.
(a) to approve the budget estimates,
the audited accounts and the annual report of the Institution for submission to
the Federal Government in accordance with the provisions of this Act ;[ ]4
(b) to call
for any information or direct any research to be made for the furtherance of
the objects of the Act[, and]5
6(c) to co-opt
any other technical person by name as member on the Board for a specific
purpose and for such limited period as decided by the Board.
7[8A. Appointment, Powers and Functions of Chairman.‑(1) The Chairman
of the Institution shall be appointed by the Federal Government for such term
and on such terms and conditions as it may determine.
(2)
The Chairman of the Institution shall exercise such powers and perform such functions
as may be prescribed.] .
1 Subs. For
“Chairman”, by Finance Act, 1986 (Act I of 1986), s.11(3);
2. Comas and
words comers and Industries Omitted by Finance Act, 2005
3. For word two
the word one was subs. By Finance Act, 2005
4. Word” and
omitted by Employees’ Old Age Benefits (Amendment) Ord. 2002, s. 3
5 Coma and word “ and” added by by Employees’ Old
Age Benefits (Amendment) Ord. 200, s.3.
6. Cl.( c ) inserted by by Employees’ Old Age Benefits (Amendment) Ord. 2002. s. 3
©
7. Sec 8-A added
by Ord. XVII of 1983, S.7= 1983 PLS 81
CHAPTER III
CONTRIBUTIONS
9.
Rates and Assessment.‑ (1) On and from the first day of July, 1976,
contribution shall be payable every month by the employer to the Institution in
respect of every person in his insurable employment, at the rate of [six]1 per cent of his wages in the prescribed manner;
2[Omitted]
3 [Provided {omitted}4 that no
contribution shall be payable in respect of an insured person who is in receipt
of [Old-age pension]5 under this Act or has attained the age of sixty years, or
fifty‑five years in the case of a woman.
6 [Omitted]
(2) Where an insured person does not
receive any wages from the employer for any period, the Institution shall,
subject to regulations, determine the amount of wages with reference to which
the contributions shall be computed.
(3) Notwithstanding any agreement to
the contrary, the employer shall not deduct from the wages of an insured person
or otherwise recover from him any portion of [employer’s share of contribution] 7
8[Omitted]
____________________________________________________________________
1 Word “six” subs for word “five” by
Finance Act, 2005
2. Proviso omitted by Finance Act, 2005.
3. Subs. By Finance Act, 1986 (Act I of
1986)
4. Word “Further” omitted by Finance Act,
2005
5. Subs. word “old-age pension” for word”
pension, by Employees’ Old Age Benefits (Amendment) Ord. 2002, s. 4(a)(i).
6. Third proviso Omitted by Finance Act,
2005.
7. Subs word” Employer’s share of contribution” for words
“contribution” by Employees’ Old Age
Benefits (Amendment) Ord. 2002, s.4(b)
8. Sub-Section
4 of Section 9
omitted by Finance Act, 2005.
1[9A. Contribution by Government ‑ Federal Government may make such
contribution to the Institution as it may determined from time to time.
2[9B. Contribution by the insured person: - On and from Ist day of July 2001, the contribution shall be payable by an insured person at the
rate of [one percent of the wages]3 in prescribed manners.
10.Records and Returns by Employers.‑ Every employer
shall keep such records and shall submit to the Institution such returns, at
such times, in such form and containing such particulars relating to persons
employed by him, as may be provided in regulations.
11.
Registration of Establishment, Etc.‑(1) Every employer shall, before
the expiration of thirty days from the day on which this Act becomes applicable to the industry or establishment in
respect of which he is the employer, communicate to the Institution the name
and other prescribed particulars of the industry or establishment
(2) Every insured person may also
communicate his name and other prescribed particulars to the Institution.
(3) On receipt of a communication
under sub‑section (1) or sub‑section (2) the Institution shall
register the name of the industry or establishment or the insured person in
such manner, and issue to the insured person a registration card in such from,
as may be prescribed.
4[11A. Cancellation of
Registration of Establishments, Etc.‑ The Board may, on the basis of
such evidence as the Board may find satisfactory for the purpose, cancel the
registration of any establishment or industry which has ceased to exist :
Provided that the
cancellation of the registration of an establishment or industry shall not
affect its liabilities incurred before the date of such cancellation.]
1.
Subs. New s.9A by Finance Act, 1995 s.8. for old s. 9A
inserted by Finance Act, 1986( Act 1 of 1986) s. 11(5)
2.
New Sec. 9B inserted by the Labour Laws (Amendment) Ord.2001,
(Ord. LIII of 2001), s. 7(4) effective retrospectively from
July 1, 2001
)
3.
For the words “Twenty rupees” the words “one percent of the
wages” are subs. By the Finance Act, 2005.
4.
Sec. 11A added by Finance Act1986 (Act I of 1986, s. 11(6) Gaz. Of Pak. Extr., Pt-I
June 29,1986
12. Officials of Institution
to Check Employer's Books.‑(1) Any official of the Institution, duly authorised by a certificate in a form specified in
the regulations, may, for the purpose of inquiring into the correctness of any
of the particulars stated in the records or returns referred to in section 10
or the purpose of ascertaining whether any of the provisions of this Act have
been complied with.‑
(a) require an employer to furnish to him such information
as he may consider necessary : or
(b) at any reasonable time, enter any
establishment or other premises occupied by such employer and require any
person found in‑charge thereof to produce and allow him to examine such
accounts books and other documents relating to the employment of persons and
payment of wages, or to furnish to him such information, as he may consider
necessary ; or
(c)
examine, with respect to any matter relevant to the purposes aforesaid, the employer, his agent or any other person
found in such establishment or other premises, or any other person whom the
said official has reasonable cause to believe to be or to have been an insured
persons.[ ]1
2
[ * * * * ]
3 (2) The official referred to in sub-section (1) shall not
demand production of account book and other documents referred to in clause (b)
of sub-section (1) for a period of two years from the date of registration of
the establishment or the 1st day of July, 2005, whichever is later,
if the employer does not reduce the number of insured persons in respect of
whom contribution are paid under section 9:
Provided that on expiry of two years’ period, if the employer enhances the
number of insured persons by at least ten percent, it shall be accepted without
any question otherwise checking of record shall be done as provided in
sub-section (1), by an officer not below the rank of Assistant Director,
duly authorized in this behalf and no question shall be asked about the
previous two years.; and
(3) If an employer fails to maintain
records or to submit returns as required by the regulations, or otherwise fails
to comply with the provisions of sub‑section (1) and thereby makes it
difficult to ascertain the identity of persons required to be insured or the
amount of contribution payable, the contribution shall be assessed on the basis
of such evidence as the Institution may find satisfactory for this purpose.
4[ Omitted]
-
Subs full stop for colon by Employees’
Old Age Benefits (Amendment) Ord. 2002
-
Proviso after cl .( c ) of Sub-Sec.(1)
of sec.12 Omitted by Employees’
Old Age Benefits (Amendment) Ord. 2002
-
For sub-section 2 new sub-section and its proviso inserted by Finance Act, 2005.
-
Section 12A omitted by Finance Act, 2005.
13. Increase of Unpaid Contribution and
Recovery of Contribution, Etc., as arrears of land revenue.‑(1) If
any employer fails to pay, on the due date, the contribution payable by him
under sub‑section (1) of section 9, the amount so payable by him shall be
increased by such percentage or amount as may be prescribed :
Provided that in no case shall such increase exceed fifty per cent
of the amount due.
(2)
Without prejudice to any other remedy, the amount of contribution due, together
with the increase provided for under sub‑section (1), may be recovered as an arrears
of land revenue.
1[14. Safeguard of Insured Person’s Right in
Default of Payment of Contributions by Employers.‑ Notwithstanding
anything contained in this Act, if an insured person has communicated his name
and other prescribed particulars to the Institution under sub‑section (2)
of section 11 and has been issued by the Institution a registration card under
sub‑section (3) thereof and, in case of changing employment from one
industry or establishment to another industry or establishment, has also
informed the Institution about such change of employment, then, in the event of
default in payment of contributions by the employer in respect of such insured
person, such insured person shall have and enjoy the same rights under this Act
as if no such default had occurred.]
15.
Refund of Contributions Paid Erroneously.‑ An employer shall be
entitled to the refund of any contribution paid to the Institution under
erroneous belief that it was payable under the provisions of the Act, and shall
be entitled to the refund of excess amount of the contribution where such
contribution had been paid at a higher rate than the rate prescribed.
Provided that no
contribution or excess amount of any contribution shall be refunded unless as
application for such refund is made within six months of the date on which the
contribution was paid.
16.
Extinguishment of Claims to Contributions.‑ Any claims of the Institution for unpaid contributions shall be extinguished in the
manner provided in the regulations.
1. Sec. 14 subs. By
Ord. XVII of 1983 s. 9 = 1983 PLS 81
CHAPTER IV
FINANCE AND AUDIT
17. Employees' Old‑Age Benefits Fund.‑(1)
The Institution shall have its own fund, to be called the Employees' Old‑Age
Benefits Fund and may incur out of the Fund such expenditure as may be
necessary for the purposes of this Act.
(2) All contributions paid under
this Act and all other moneys received by or on behalf of the Institution shall
be paid into the Fund.
(3) The Institution shall derive its
revenues from the following sources‑
(a) contribution payable under this Act and the rules ;
(b) all other payments made by the employers under this Act and the regulations ;
(c) income from investment of the moneys of the Institution ; and
(d) donations and bequests for the purposes of this Act.
(4) The assets of the Institution shall be utilized solely for the purposes
of this Act.
(5) The moneys of the Institution
shall be deposited in such banks as may be approved by the Board for the purpose.
18.
Investments and Loans.‑(1) Subject to rules, the Institution may,
from time to time, invest any moneys which are not immediately required for
expenses under this Act, and may re‑invest or realize such investment.
(2) The Institution may, with the
previous sanction of the Federal Government and on such terms as it may
specify, raise loans and take measures for discharging such loans.
19. Budget, Accounts and Audit.‑
(1) The Institution shall draw up annually a budget showing the anticipated
receipts and expenditure during the following year and shall submit it to the
Board for the approval of the Federal Government.
(2) The Institution shall maintain
accounts of its income and expenditure in such form and manner as may be
prescribed.
(3) The books of account of the
Institution shall be balanced on the thirtieth of June each year and its accounts
shall be audited by auditors approved by the Federal Government at such time
and in such manner as may be prescribed.
(4) The auditors shall at all
reasonable times have access to the books of accounts and other documents of
the Institution and may, for the purposes of the audit call for such
explanation and information as they may require and may examine any principal
or other officer of the Institution.
(5) The auditors shall forward to
the Federal Government an annual reportof it work and
activities.
20. Annual
Report.‑ The Institution shall submit to the Federal Government an
annual report of its work and activities.
1[21. Valuation of Assets and Liabilities.‑ The Institution shall, at intervals of not more than
three years, have an actuarial valuation made in the prescribed manner of its
assets and liabilities and no change in rate of contribution or benefit under
this Act shall be made without proper actuarial valuation:
Provided that the Federal Government
may direct a valuation to be made at such other times as it may consider
necessary.
1.
Subs.
for section 21 by Employees’ Old Age Benefits
(Amendment) Ord. 2002. s. 7
CHAPTER V
BENEFITS
22.
1[Old‑Age Pension].‑
2[(1) An insured
person shall entitled to a monthly old‑age pension at the rate specified
in the schedule.
Provided that: ‑
(a) he is
over [sixty]3 years of age, or [fifty‑five]4 years in the case of a woman; and
(b) contributions in respect of him were [paid]5 for not less than fifteen years[.]6
7[Provided further that the age specified
in clause (a) will be reduced by five years in the case of an insured person
employed in the occupation of mining for at least ten years immediately
preceding retirement [:]8
9[Provided also
that where the employee was insured under the provisions of this Act on or before 30th June 2002, and
contributions payable under the Act by the employer
prior to 30th June, 2002, in respect of said insured person had not been paid, the insured person shall enjoy the
rights under this Act as if for the word "payable"
the word "paid" were not substituted:
"Provided
further that where the contribution under section 9B is paid regularly by the
insured person himself in accordance with prescribed procedure, his entitlement
to the benefit shall not be affected by default in payment of employer's share of contribution under section 9.";
and
(2) If an insured person was on the
first day of July, 1976, or is on any day thereafter on which this Act becomes
applicable to an industry or establishment,‑
( i ) over
forty years of age, or thirty‑five years in the case of a woman, clause
(b) of sub‑section (1) shall have effect as if for the word
"seven" were substituted : or
(ii) over forty‑five years of age or forty years in
case of a woman, clause (b)of sub‑section (1) shall have effect as if for
the word "fifteen" therein the word "five"were substituted.
___________________________________________________________________
1.
Subs. For “Old-age Allowance” by Act XVII of 1983, s. 2 =
1983 PLS 18.
2.
Sub-sec(1) and (2) subs. ibid.
3.
Subs. For “fifty Five “, by Finance Act, 1986(Act I of
1986), s. 11(7)(A)(a)(i); Gaz. of Pak. Extr. Pt. I,
June 29,1986
.
4.
Subs. For “fifty”,ibid.
5.
Subs. word ”paid” for ”payable” by Employees’ Old Age Benefits (Amendment) Ord. 2002. s. 8(a)(i)
6.
Colon
subs for fullstop, ibid s. 11(7)(A)(a)(i)
7.
second proviso added, ibid s. 11(7)(A)(a)(i)
8.
Subs. colon for semicolon at the end of IInd proviso by Employees’ Old Age Benefits
(Amendment) Ord. 2002. s. 8(a)(ii
9.
Inserted IIrd and IVth proviso after second proviso by Employees’ Old Age Benefits (Amendment) Ord. 2002. s. 8(a)(iii).
1[(2A) Notwithstanding anything contained in sub‑section (1), an insured person‑
(a) who was insured under the
provisions of this Act on or before the 30th June, 1986, and will attain the age
of (fifty‑five years in the case of woman) on or before the 30th June,
1991, and
(b) in respect of whom contributions were payable to the Institution for the period
required under the provision of this
Act, shall been entitled to old‑age pension at the age of fifty‑five years (fifty
years in the case of woman).
1[(2B) An insured person already in receipt of an old‑age or invalidity pension, or
entitled to an old‑age pension under the provisions of sub‑section
(2A), shall be entitled to a minimum pension at the rate specified in the
Schedule.
1[(2C) An insured person who retired from
insurable employment before attaining the age of sixty years (fifty‑five
years in the case of woman) but after attaining the age of fifty‑five
years(fifty years in the case of a woman) shall be entitled to a reduced old‑age
pension on fulfilling the following conditions, namely :‑
(a) the Institution is satisfied
through documentary evidence that the employer has a definite established
retirement age of less than sixty years (fifty‑five years in the case of
woman) ;
(b) the employer certifies that the insured person has been retired by him on attaining
the age of superannuation ; and
(c) the contributions in respect of him were [paid]2 for the period required under the provision of this Act.
1[(2D) The old‑age pension shall be
reduced by one half per cent of the Old‑Age Pension specified in the
Schedule for each completed month by which the age falls short of sixty years (fifty‑five
years in the case of woman) and the minimum old‑age pension shall be
reduced in the aforesaid manner in the case of retirement from insurable
employment before attaining the age of sixty years (fifty‑five years in
the case of woman.
1[(2E) The reduction in old‑age pension specified in sub‑section (2D) shall be
for life and shall not be restored on the insured person's attaining the normal
pension age.]
------------------------------------------------------------------------------------------------------
-
Sub-section (2A), (2B),(2C)(, (2D) and (2E) added, ibid, s.
11(7)(B)
-
subs. word “ paid” for word “ payable” by Employees’
Old Age Benefits (Amendment) Ord. 2002. s. 8(b)
(3) Subject to
regulations, the [old‑age pension]1 shall commence as from the month
following that in which the insured person satisfies the condition for
entitlement thereto, provided that no [Benefit] shall be payable retro‑actively
for more than six months preceding the month in which an application for [old‑age
pension]1 is submitted.
(4) Insurable employment of a person
for the purposes of this Act shall commence on the date from which the first
contribution in respect of him becomes payable.
(5)
The [old‑age pension]1 payable to an insured person shall
be terminated at the month in which the
death of such persons occurs.
(6) [Omitted]2
3[22A. Old‑Age
Grant.‑ If an insured person, not otherwise entitled to old‑age
pension, retires from insurable employment after attaining the age of sixty
years, or fifty‑five years in case of woman and a mine worker, and
contributions in respect of him were payable for less than fifteen years, but
not less 4[than two] years, he shall be entitled to an old‑age grant
payable in a lump sum equal to his one month's average monthly wages for every
completed year of insurable employment or part thereof in excess of six
months[:]5
"Provided that where the employee was insured under
the provision of th Act on or before
30th June 2002, and contributions payable
under the Act by the employer prior to
30th June 2002 in respect of said insured person had not been paid, the insured
person shall enjoy the rights under this Act as if for the word
"payable" the word "paid" were not substituted:
Provided
further that where the contribution under section 9B is paid regularly by the insured person himself in
accordance with prescribed procedure, his entitlement
to the benefit shall not be affected by default in payment of employer's share of contribution under section 9."
_____________________________________________________________________
1.
Sub. For “Old-age Allowance” by Or.
XVII of 1983.
2.
Omitted by Finance Act, 1986.
3.
Sections 22A subs. for original, by Finance Act,
1986(Act I of 1986), s. 11(8), Gaz. of Pak. Extr. Pt. I,
June 29,1986
.
4.
Subs. For words” than five” by s. 8(4) of Labour Laws
(Amendment) Act, 1994.
5.
For full stop at the end of section 22A colon shall be subs
and therafter two provisos shall be added ” by Employees’ Old
Age Benefits (Amendment) Ord. 2002. s. 9 (b).
1[22B. Survivors' Pension
(1) In the case of the death of an insured
person while in insurable employment but after he had completed not less than
thirty six months insurable employment, the surviving spouse, if any, shall be
entitled to a life pension equal 2[ ***] the minimum pension:
3[(1A) In case of death of an insured
person, while not in insurable employment but after h had completed five years
insurable employment, the surviving spouse, if any, shall be entitled to a life
pension equal to the minimum pension.
(2) In the case of the death of an
insured person who had become entitled to old-age pension or [ invalidity
pension]5 before his death, the surviving spouse, shall, if the spouse had
married the deceased person before he had attained the minimum age prescribed
for old-age pension, receive life pension [ equal to ]6 the pension of
such person.
4[( 3 ) In case the deceased of the
surviving spouse in receipt of a survivor’s pension, the minor children of the
deceased insured person, if any, shall be entitle ed to the survivor’s pension,
in the following equal shares, namely;-
(i)
In case of a male child, until he attains eighteen years of
age, and
(ii)
In case of female child, until she attains eighteen years
of age or until marriage, whichever is earlier.
5[(2A) In the case of cessation
of survivor’s pension of any of the children of the deceased insured person on his attaining the age of eighteen
years or marriage incase
of a female, or death, as the case may be,
the share of survivors pension received
by such child shall be distributed equally among the rest of the minor children of the deceased insured person.
6[(3B) In
case of death of the surviving spouse in receipt of a survivor’s pension within five years after the
death of the insured person and not survived by any minor child of the deceased insured person, the
survivor’s pension shall be paid to
the surviving parents of the deceased insured person, if any, for a period of
five years from the death of
said spouse.
_____________________________________________________________________
1.
Sections 22A and 22B subs.for original, by Finance Act, 1986(Act I of 1986), s. 11(8), Gaz.
of Pak. Extr. Pt. I,
June 29,1986
.
2.
Omitted words” sixty percent of” ibid s. 8(5)(a)
3.
New Sub-sec.1A added, ibid s. 8(5)(b)
4.
Sub-Sec.3 subs. For the original , , ibid s. 8(5)(d)
5.
Sub-Sec.3A subs.,
ibid s. 8(5)(d)
6.
Sub-Sec.3B subs,
ibid s. 8(5)(d)
1[(4) In
case of the death of an insured person who is not survived by a spouse, the
survivor’s pension shall be paid to the minor children of the deceased insured
person referred to sub-section (3) and sub-section (3A), and in the case of the
insured person not surviving any minor child, the survivor’s pension shall be
paid to the surviving person, if any, for a period of five years from the death
of insured person.
23. 2[Invalidity
Pension].‑
(1) An insured
person who sustains invalidity shall be entitled to an [invalidity pension]2 at the rate [to be calculated according
to the formula set out in the schedule] 3[:]4
5["Provided that where the employee
was insured under the provision of this Act on or before 30th June 2002, and
the contribution payable under the Act by the employer prior to 30th June 2002,
in respect of said insured person had not been paid, the insured person shall
enjoy the rights under this Act as if for the word "payable" the word
"paid" were not substituted in clause (a) and (b):
5[Provided further that where the
contribution under section 9B is paid regularly by the insured person himself in
accordance with prescribed procedure, his entitlement to the benefit shall not
be affected by default in payment of employer's share of contribution under
section 9."
Provided
that‑
(a) contribution in respect of him were [paid]6 for not less than fifteen years ; or
(b) contributions in respect of him
were [paid]6 for not less than five years since his entry into insurable
employment and for not less than three years during the period of five years
preceding the month in which he sustains invalidity ; and
(c) in either case, he is under [sixty]7 years of age, or [fifty‑five]7 years in the
case of woman.
_________________________________________________________
1. Sec.4 subs. , ibid s. 8(5)(e)
2. Subs for “invalidity Allowance” by Ord.
XVII of 1983 s.2
3. Subs. For words” of seventy five rupees
per month”, ibid. s.12
4. For full stop, at the end of
sub-section(1) colon subs. by Employees’ Old
Age Benefits (Amendment) Ord.
2002. s. 10 (b).
5. Provisos added by Employees’ Old Age Benefits (Amendment) Ord. 2002.s.10 (b).
6. For word “payable” the word “paid”
subs. ibid s. 10(a)
6. Subs. for “fifty-five” and “fifty” by
Finance Act, 1986
(2) Subject to regulations, the
[invalidity pension]1 shall be payable from the month following that in which the insured
person satisfies the conditions for entitlement thereto :
Provided that the [invalidity
pension]1 shall not be payable retro‑actively for more than six months preceding
the month in which as application for the [invalidity pension]1 is submitted.
(3) The [invalidity pension]1 shall be payable so long as invalidity continues :
Provided that an insured
person who has been in receipt of the [invalidity pension]1 for not less than five continuous
years or attains the age specified in clause (a)
of sub‑section (1) of section 22 shall be entitled to the [invalidity
pension]1 for life.
1. Subs. for “invalidity allowance” by
Ord. XVII of 1983. s.2
CHAPTER VI
PROVISIONS COMMON TO
ALL BENEFITS
24.
Calculation of Qualifying Contribution Periods.‑ In calculating the
contribution periods for entitlement to a benefit under this Act, periods in
respect of which [invalidity pension]1 has been paid to an insured person
prior to his reaching the age of [sixty]2 years, or [fifty‑five]2 years in the
case of woman, or periods in respect of which maternity benefit or sickness
benefit or injury benefit or total disablement pension have been paid under the
West Pakistan Employees' Social Security Ordinance, 1965 (West Pakistan
Ordinance No. X of 1965), to an insured person shall be deemed to be
contribution periods to such extent as may be provided by regulations.
25. Benefit Claims and Payments.‑ (1) All claims for [a benefit]3 under this Act shall be made in
writing and shall be accompanied by such documents, information and evidence as
to entitlement as may be provided by regulations.
(2) Payment of [a benefit]3 shall be made in such manner, and at such times and places, as may be provided
by regulations.
26. Extinguishment of Benefits.‑ A
right to [any benefit]4 shall stand extinguished where a claim therefore is not
made within twelve months of the date on the [benefit]4 becomes
payable:
5[Provided that the Institution may
condone the delay and admit the claim if it is satisfied that the delay was
caused for reasons beyond the control of the insured person or the [survivor]6.
7[27. Suspension of Old‑Age Pension and [Survivor's Pension]8. Subject to
regulations, payment of old‑age pension and [survivor's pension]9 shall be suspended when and so long as the insured person or the [survivor]10 entitled to it
is absent from
Pakistan
, except where
the regulations provide otherwise].
_____________________________________________________________________
1. Subs. For “invalidity allowance” by Ord. XVII of 1983. s. 2
2. Subs. For
words “fifty five” and “fifty” respectively by Finance Act, 1986 (Act I of
1986)
3.Subs. for “ an
allowance”, by Ord XVII of 1983, S.2
4. Subs for
words” the invalidity allowance or old-age allowance”, S.13 ibid.
5. Proviso
added, ibid
6 Subs. for
“Surviving Widow”, by Act 1 of 1986 S. 11(11)
7. Section 27
subs. by Ord. XVII of 1983, s. 14= 1983 PLS 81.
8. Subs. for
“widow’s pension”, by Act 1 of 1986
9. Subs. for “widow’s
pension”, by Act 1 of 1986
10.
subs. for” surviving widow” ibid.
28.
Non‑Duplication of [Benefit]. (1) An insured person shall not be paid
for the same period more than one of the [benefits]1 provided for
this Act.
(2) Where an insured person is
entitled to more than on [benefit]1 under this Act, he shall be
given the higher of such [benefits]1.
(3) Where an insured person is
entitled to [a benefit]2 under this Act and to a disablement pension under the West
Pakistan Employees' Social Security Ordinance, 1965 (West Pakistan Ordinance
No. X of 1965) he shall be given the higher of the two.
(4) The [invalidity pension]3 shall not be
payable to an insured person so long as he receives the sickness benefit under
the West Pakistan Employees' Social Security Ordinance, 1965 (West Pakistan
Ordinance No. X of 1965).
29.
[Benefit] Nor Attachable, Chargeable Or Assignable.‑ [A benefit]3 payable under this Act shall not be liable to attachment in the execution of a
decree, nor shall it be chargeable or assignable ; and any agreement to charge
or assign [a benefit]3 shall be void, and on the bankruptcy of an insured person,
the [benefit]1 payable to him shall not pass to any trustee or person acting on
behalf of his creditors.
30. Repayment of 5[benefit] Improperly
Received.‑(1) When a person has received any [benefit]1 under this Act
to which he is not lawfully entitled, he shall be liable to repay to the
Institution the amount of the [benefit]1 in such manner as may be provided by
regulations :
Provided that the Institution may
waive repayment of [a benefit]2 where payment thereof was not due to misrepresentation on
the part of the insured person receiving it and the repayment would cause undue
hardship to him.
(2) Sums due to the Institution by
virtue of the foregoing sub‑section may be recovered by deduction from [a
benefit]3 payable under this Act.
31. Institution's Right to Be Indemnified in
Certain Cases.‑ Where the contingency for which [a benefit]3 is payable under
this Act was caused under circumstances creating a legal liability in some
person, the Institution shall be entitled to substitute itself for the insured
person in bringing a suit for damages against that person.
32.
Recovery of Amounts Due.‑ Any amount recoverable under this chapter
may be recovered as an arrear of land revenue.
________________________________________________________________________
-
Subs for “ allowance”
by Ord. XVII of 1983
-
Subs for “ an
allowance”
-
Subs for “ invalidity allowance”, ibid.
CHAPTER VII
DETERMINATION OF
QUESTIONS AND CLAIMS
33. Decision on Complaints, Questions and
Disputes.‑ If any complaint is received or any question or dispute
arises as to‑
(a) Whether a person is an insured person
within the meaning of this Act ;
(b) the amount of wages of an insured person for the purposes of this Act ;
(c) the amount of contribution payable by an employer in respect of an insured person ;
(d) the person who is the employer in respect of an insured person ;
1[(e) entitlement to any benefit under
this Act or as to the amount and duration thereof ; and ]
2[(ee)
registration of industry or establishment ; or]
(f) any other matter in respect of any contribution or any [benefit]3 referred to in
clause (e), or dues payable or recoverable under this Act relating to
contributions or the aforesaid [benefits]4
the matter shall be
decided by the Institution, in such manner, and within such time, as the
regulations may provide and the Institution shall notify its decision to the
person concerned in writing, stating therein the reason for its decision.
34.
Review of Decisions.‑ The Institution may,
subject to regulations, on new facts being brought to its notice, review a
decision given by it under section 33.
Provided that no decision shall be
so reviewed without giving the person concerned an opportunity of being heard
and adducing evidence in support of, or against, the decision, as the case may
be.
35. Appeal to Board. Subject to rules, a
person aggrieved by a decision of the Institution under section 33 or on a
review under section 34, may appeal to the Board.
36.
Assessment of Invalidity. The Institution shall appoint medical boards
which shall, in such manner as may be provided by regulations, assess the
degree of invalidity sustained by an insured person.
____________________________________________________________________
1.
Cl. (e) subs. by Ord. XVII of 1983,
s. 15
2.
Cl. (ee)
added, ibid
3.
Subs. for “allowance”, ibid s.2
4.
Subs. for “ allowances”, ibid s.2
CHAPTER VIII
OFFENCES AND PENALTIES
37.
Offences.‑If any person‑
For the purpose of obtaining [a
benefit]1 or denial of any payment or [benefit]2, under this Act, whether for himself or
some other person, or for the ;purpose of avoiding any payment to be made by
him or any other person under this Act.
(i) knowingly makes or causes to be made false statement or
false representation; or
(ii) produces or furnishes, or cause, or knowingly allows to be produced or furnished, any
document or information which he knows to be false in any material particular ;
or
(b) fails to pay any contribution which under the Act he is liable to pay ; or
(c) recovers or attempts to recover from an insured person, or deducts or attempts to deduct
from his wages, the whole or any part of the 3[ employer’s share of
contribution] ; or
(d) fails or refuses to submit any return required by this Act, or regulations or makes a
false return ; or
(e) obstructs any official of the Institution in the discharge of his duties ; or
(f) is guilty of any contravention
of, or non‑compliance with, any of the provisions of this Act or the
rules or the rules or the regulations, he shall be punished with imprisonment
for a term which may extend to two years, or with fine which may extend to ten
thousand rupees, or with both.
38.
Prosecution.‑ (1) No prosecution under this Act shall be instituted
except with the previous sanction of the Federal Government or any office or authority
[authorized]4 in this behalf by it.
(2) No court inferior to that of a
Magistrate of the first class shall try any offence under this Act.
(3) No court shall take cognizance
of any offence under this Act except on a complaint made in writing within six
months of the date on which the offence comes to the knowledge of the Federal
Government or any officer or authority referred to in sub‑section(1).
_____________________________________________________________________
1.
Subs, for” an allowance: by Ord.XVII of 1983 s.2
2.
Subs, for” allowance: by Ord.XVII of 1983 s. 2
3.
Subs. words “employer’s share of
contribution” by Employees’ Old Age Benefits
(Amendment) Ord. 2002.s.11.
4.
Chairman, EOBI authorized to sanction the
Institution of prosecution for offences committed under Act. No. SRO 398(1)/86
dated.
6/4/86
amended by notification dated
6/7/86
.
CHAPTER IX
MISCELLANEOUS
39. Contributions Etc.‑ In any
proceedings of insolvency against a person or proceedings for winding up of a
company, any contribution or other amount payable under this Act by such person
or company shall be deemed to be included among debts to be paid in priority to
all other debts.
40.
Exemption From Stamp Duty.‑ Stamp duty shall not be chargeable upon any
documents used in connection with [benefits]1 payable under
this Act.
41. Exemption From Taxes.‑ Notwithstanding anything contained in any other law, the Federal Government
may, by order in writing, exempt the Institution from any tax, duty, or rate leviable by the Federal Government or by a local authority
under the control of the Federal Government.
42. Member and Servants of the Institution
to Be Public Servants.‑ The members and employees of the Board and
all officers and servants of the Institution shall be deemed to be public
servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV
of 1860).
43.
Delegation of Powers.‑ The Board may direct that all or any of its
powers and functions may, in relation to such matters and subject to such
conditions, if any, as may be specified, be also
exercisable by any officer or authority subordinate to the institution.
44.
Power to Make Rules.‑(1) The Federal
Government may, subject to the condition of previous publication in the
official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely :‑
(i) the
tenure of office of members of the Board, other than the [President]2, and other
terms and conditions of appointment of the members of the Board and the
manner in which the Board shall conduct
its business, including the number of members required to form a quorum at the
meetings thereof
____________________________________________________________________
1.
Subs, for “allowance”: by Ord.XVII of 1983 s. 2
2.
Subs. word ‘President for words “Chairman”
by Employees’ Old Age Benefits (Amendment)
Ord. 2002.s.12.
(ii) the manner in which names of
persons from whom members of the Board may be appointed shall be submitted by organizations of employers and employees recognized by the Federal Government for the purpose ;
(iii) powers and functions of the Board.
(iv) fees and [benefits]1 of the members
of the Board ;
(v) times and rates at which, and conditions subject to which, contributions shall be
payable.
(vi) percentage or amount by which contributions in arrears may be increased under section 13 ;
(vii) investment of surplus moneys, realisation of investments and
reinvestment of proceeds;
(viii) terms at which and the manner in which the budget of the Institution shall be
prepared and submitted to the Federal Government.
(ix) the form and manner in which the Institution shall keep accounts of its income and expenditure and of its assets and
liabilities ;
(x) the times at which, and the manner in which, the accounts of the Institution shall
be audited ;
(xi) the matters which the annual report of Institution shall cover ;
(xii) the times in which claims for [a benefit]2 shall be made ;
(xiii) the manner and procedure for disposal of appeals by the Board ; and
(xiv) any other matter which is required to be or may be prescribed.
____________________________________________________________________
1. Subs,
for “allowance”: by Ord.XVII of 1983 s. 2
2. Subs,
for “an allowance”: by Ord.XVII of 1983 s.2
45.
Power to Make Regulations.‑(1) The Board may, subject to condition of
previous publication, by notification in the official Gazette, make regulations
not inconsistent with the provisions of this Act or the rules.
(2) In particular, and without
prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely :‑
(i) the time and places at which meetings of the Board shall
held ;
(ii) the manner in which daily wages shall be calculated for the purpose of determining
the contribution payable ;
(iii) determination of wages for computation of contributions where the mode of payment of
remuneration, in cash or kind, makes such computation difficult.
(iv) records to be kept and returns
to be submitted by employers, time at which and the form in which such returns
are to be submitted, and particulars relating to the insured persons to be
stated in such returns and the manner and from for registration of employers
and insured persons ;
(v) the manner in which any claim of the Institution for unpaid contributions may be
extinguished ;
(vi) powers and duties of internal auditors.
(vii) [omitted.]1
(viii) the form and manner in which claims for [a benefit]2 shall be preferred, and the
documents, information and evidence which shall accompany such claims ;
(ix) the manner in which and the time and places at which payment in respect of [a
benefit] shall be made ;
(x) the manner in which and the time within which complaints, questions and disputes
shall be decided ;
(xi) the circumstances and the manner in which, on new facts coming to light, the
Institution may review decisions ;
____________________________________________________________________
1.
Cl.(vii) omitted by Act I of 1986
s. 11(13)
2.
Subs,
for “an allowance”: by Ord.XVII of 1983 s.2
(xii) the method
of payment of contributions and liability thereof ;
(xiii) the manner in which invalidity shall be assessed and the procedure thereof ;
(xiv) the manner in which proof of age shall be furnished for the purposes of this Act ;
(xv) the manner in which the services of the Institution shall be organised ; and
(xvi) any other matter not provided for in this Act or the rules and necessary to give
effect to the provisions of this Act.
46.
Power of Exempt.‑ The Federal Government
may, subject to such conditions as it thinks fit to impose, by notification in
the official Gazette, exempt any establishment or industry from all or any of
the provisions of this Act.
47.
Act Not to Apply to Certain Persons.‑ Nothing in this Act shall apply
to- (a) persons in the service
of the state, including members of the armed forces, police force and railway
servants
(b) persons in the service of the local council, a municipal committee, a cantonment board or any other local
authority ;
(c) persons who are employed in
services or installations connected with or incidental to the Armed Forces of
Pakistan including an ordinance factory maintained by the Federal Government or Railway Administration ;
(d) persons in service of Water & Power Development Authority ;
(e) persons in the service of a bank or a banking company ;
(f) person in the service of statutory bodies other than those employed in or in
connection with the affairs of a factory [as defined in]1 section 2 (j)
of the Factories Act, 1934 (XXV of
1934), [or a mine as defined in the]2 Mines Act, 1923 (IV of 1923) :
Provided that workshop maintained
exclusively for the purposes of repair or maintenance of equipment or vehicles
used in such statutory bodies shall not be treated as factories for the
purposes of this clause ;
_____________________________________________________________________
1.
Subs. for” registered under” , by
Ord. XVII of 1983 s. 16= 1983 PLS 81.
2.
Sub. For “or the” ibid.
(g) members of the employer's family, [that is to say, the husband or wife and the
dependent children of the employer]1 living in his house, in respect of
their work for him ; and
(h) [Omitted.]2
48. Repealed by Ord. XXVII of1981,s.3 & 2nd Schedule.
1.
Words inserted, ibid.
2.
Cl. (h) omitted by Act I of 1986, s. 11(14).
1[SCHEDULE]
(See sections 22
& 23)
(1) The monthly rate of
old‑age pension or invalidity pension payable to an insured person shall
be calculated in accordance with the following formula, namely
:‑
Average monthly wages
x Number of years of insurable employment
__________________________________________
50
A period of six months
of more on insurable employment shall be treated as one full year. No account
shall be taken of any period of insurable employment completed by the insured
person after becoming entitled to old‑age pension.
(2)The average monthly
wages of an insured person, referred to in paragraph (1) shall be calculated on
the twelve calendar months immediately preceding the date on which the insured
person fulfills the conditions specified in section 23 as the case may be:
Provided that the old‑age
pension or invalidity pension payable to an insured person shall not be less
than [one thousand]2 rupees per month
for pension commencing on or after the first day of [January,2005]3.
4[ * * * *]
_________________________________________________________________
1. Schedule subs
for original schedule ibid, s. 11(15)
2. Substituted
for words “seven hundreds “by Finance Act, 2005.
3. Substituted
for words “November 2001“by Ord. No 1 of 2002, s.2(b)
4. Paragraph 3
and table omitted, ibid.
