Act VIII of 1923 · 35 pages
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THE WORKMEN'S COMPENSATION ACT, 1923
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
WORKMAN'S COMPENSATIOON
3. Employer's liability for compensation.
4. Amount of compensation.
5. Method of calculating wages.
6. Review.
7. Commutation of half-monthly payments.
8. Distribution of compensation.
9. Compensation not to be assigned, attached or charged.
10. Notice and claim.
10A. Power to require from employers statements regarding fatal accidents.
10B. Reports of fatal accidents.
10C. Officers authorised may refer cases for payment of compensation.
10D. Fixation of abstracts of the act or rules at the entrance of the premises
11. Medical examination.
12. Contracting.
13. Remedies of employer against stranger.
14. Insolvency of employer.
15. Special provisions relating to masters and seamen.
16. Returns as to compensation.
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17. Contracting out.
18. Proof of age.
18A. Penalties.
CHAPTER III
COMMISSIONERS
19. Reference to Commissioners.
20. Appointment of Commissioners.
21. Venue of proceedings and transfer.
22. Form of application.
22A. Power of Commissioner to require further deposit in cases of fatal accident.
23. Powers and procedure of Commissioners.
24. Appearance of parties.
25. Method of recording evidence.
26. Costs.
27. Power to submit cases.
28. Registration of agreements.
29. Effect of failure to register agreement.
30. Appeals.
30A. Withholding of certain payments pending decision of appeal.
31. Recovery.
CHAPTER IV
RULES
32. Power of the Provincial Government to make rules
33. [Repealed.]
34. Publication of rules.
35. Rules to give effect to arrangements with other countries for the transfer of money paid
as compensation.
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THE WORKMEN’S COMPENSATION ACT, 1923
1
ACT No. VIII OF 1923
[5th March, 1923]
An Act to provide for the payment by certain classes of employers to their workmen of compensation
for injury by accident.
WHEREAS it is expedient to provide for the payment by certain classes of employers to their
workmen of compensation for injury by accident; it is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act maybe called the
Workmen’s Compensation Act, 1923.
2
[(2) It extends to the whole of Pakistan].
(3) It shall come into force on the first day of July, 1924.
2. Definitions.— (1) In this Act, unless there is anything repugnant in the subject or
context,—
(a) “adult” and “minor” mean respectively a person who is not and a person who
is under the age of fifteen years ;
(b) “Commissioner” means a Commissioner for Workmen’s Compensation
appointed under section 20;
(c) “compensation” means compensation as provided for by this Act ;
3
[(d) “dependent” means any of the following relatives of a deceased workman,
namely:—
1For Statement of Objects and Reasons, see Gazette of India, 1922, Pt. V, p. 313; and for Report of Joint Committee, see ibid., 1923, Pt. V, p. 37. See also the Work men’s
Compensation (Amdt.) Act, 1939 (13 of 1939), s. 3.
It has been-
(i) extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950) (w.e.f. 1581947); as amended by the Baluchistan States
Union (Federal Laws) (Extension) (Second Amendment) Order, 1953 (G.G.O. 19 of 1953) (w.e.f. 2681953);
(ii) applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499;
(iii) extended to the Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953) (w.e.f.1541953 );
(iv) extended to the State of Bahawalpur, see the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O. 11 of 1953) (w.e.f. 20-4-1953) as amended by the
Bahawalpur (Extension of Federal Laws) (Amdt.) Order, 1953 (G.G.O. 21 of 1953) (w.e.f. 3111953);
(v) extended to the Khairpur State, see the Khairpur (Federal Laws) (Extension) Order, 1953 (G.G.O. 5 of 1953) (w.e.f. 16-4-1953) as amended by (G.G.O. 24 of 1953)
(w.e.f. 2212 1953);
(vi) applied to the Railway Servants employed within the Area of the Khyber Agency, see Gazette of India, 1936, Pt. I, p. 1403;
(vii) The Act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see Regulation No. I of 1972,
s. 2 and Sch.
(viii) The Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8th September, 1958 by the Gwadur (Application of Central
Laws) Ordinance, 1960, (37 of 1960).s. 2.
2 The original sub-section (2) as amended by A.O., 1949 (w.e.f. 28-3-1949) and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8 (w.e.f. 10-5-1951)
has been subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (w.e.f. 14-10-1955).
3Subs. by the workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), section 2, for the original clause (d).
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(i) a 1[widow], minor legitimate son, and unmarried legitimate daughter,
or a widowed mother ; and
(ii) if wholly or in part dependent on the earnings of the workman at the
time of his death, a 2[widower], a parent other than a widowed
mother, a minor illegitimate son, an unmarried illegitimate daughter,
a daughter legitimate or illegitimate if married and a minor or if
widowed, a minor brother, an unmarried or widowed sister, a
widowed daughter‑in‑law, a minor child of a deceased son, 3[a minor
child of a deceased daughter where no parent of the child is alive,] or,
where no parent of the workman is alive, a paternal grandparent;]
(e) “employer” includes anybody of persons whether incorporated or not and any
managing agent of an employer and the legal representative of a deceased
employer and, when the services of a workman are temporarily lent or let on
hire to another person by the person with whom the workman has entered
into a contract of service or apprenticeship, means such other person while
the workman is working for him ;
(f) “managing agent” means any person appointed or acting as the representative
of another person for the purpose of carrying on such other person’s trade or
business, but does not include an individual manager subordinate to an
employer ;
(g) “partial disablement” means, where the disablement is of a temporary nature,
such disablement as reduces the earning capacity of a workman in any
employment in which he was engaged at the time of the accident resulting in
the disablement, and, where the disablement is of a permanent nature, such
disablement as reduces his earning capacity in every employment which he
was capable of undertaking at that time:
Provided that every injury specified in Schedule I shall be deemed to
result in permanent partial disablement;
(h) “prescribed” means prescribed by rules made under this Act ;
(i) “qualified medical practitioner” means any person registered 4* * * under any
Act of 5[the 6[Federal] Legislature or any Provincial Legislature] providing
for the maintenance of a register of medical practitioners (21 & 22 Vict.,
c.1990), or, in any area where no such last‑mentioned Act is in force, any
person declared by the 7[Provincial Government], by notification in the
1
Subs. by the Work men’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 2 (w.e.f. 541938), for “wife”.
2
Subs. by Act 15 of 1933, s. 2, for “husband”.
3
Ins. ibid.
4
Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3. and Sch., II.
5
Subs. by A.O., 1949 (w.e.f.2831949), for “any Legislature in British India”.
6
Subs. by A.O., 1975, Art. 2 and Table, for “Central” (w.e.f. 1481973).
7
Subs. by A.O., 1937 (w.e.f. 1-4-1937) for “L.G.”.
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1
[official Gazette], to be a qualified medical practitioner for the purposes of this Act ;
2
* * * * * * *
(k) “seaman” means any person forming part of the crew of any 3* ship, but does
not include the master of 4[the] ship ;
(l) “total disablement” means such disablement, whether of a temporary or
permanent nature, as incapacitates a workman for all work which he was
capable of performing at the time of the accident resulting in such
disablement:
Provided that permanent total disablement shall be deemed to result
from the permanent total loss of the sight of both eyes or from any
combination of injuries specified in Schedule I where the aggregate
percentage of the loss of earning capacity, as specified in that Schedule
against those injuries, amounts to one hundred per cent ;
5
[(ll) “Tribunal” has the same meaning as in the Industrial Relations Ordinance,
1969 (XXIII of 1969);]
(m) “wages” includes any privilege or benefit which is capable of being
estimated in money, other than a travelling allowance or the value of any
travelling concession or a contribution paid by the employer of a workman
towards any pension or provident fund or a sum paid to a workman to cover
any special expenses entailed on him by the nature of his employment ;
(n) “workman” means any person (other than a person whose employment is of a
casual nature and who is employed otherwise than for the purposes of the
employer's trade or business) who is—
(i) a railway servant as defined in section 3 of the Railways Act, 1890
(IX of 1890), not permanently employed in any administrative,
district or sub‑divisional office of a railway and not employed in any
such capacity as is specified in Schedule II, or
1
Subs. by A.O. 1937 (w.e.f 01-04-1937) for “local official Gazette”.
2
Cl. (j) was omitted by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 2.
3
The word “registered” omitted, ibid.
4
Subs. ibid., for “any such”.
5
Cl. (ll) ins. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), section 2 and Sch. (w.e.f. 25-1-1975).
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(ii) employed 1* * * 2* * *, in any such capacity as is specified in Schedule II, whether the
contract of employment was made before or after the passing of this Act and whether
such contract is expressed or implied, oral or in writing; but does not include any
parson working in the capacity of a member of 3* * * naval, military or air forces 4* *
*; and any reference to a workman who has been injured shall, where the workman is
dead, include a reference to his dependants or any of them.
(2) The exercise and performance of the powers and duties of a local authority or of any
department 5[acting on behalf of the Government] shall, for the purposes of this Act, unless a
contrary intention appears, be deemed to be the trade or business of such authority or department.
6
[(3) The 7[Provincial Government], after giving, by notification8 in the 9[Official Gazette],
not less than three months’ notice of 10[its] intention so to do, may, by a like notification, add to
Schedule II any class of persons employed in any occupation which 11[it] is satisfied is a hazardous
occupation, and the provisions of this Act shall thereupon apply 12[within the Province] to such
classes of persons:
Provided that in making such addition the 7[Provincial Government] may direct that the
provisions of this Act shall apply to such classes of persons in respect of specified injuries only.]
CHAPTER II
WORKMEN’S COMPENSATION
3. Employer’s liability for compensation.—(1) If personal injury is caused to a workman
by accident arising out of and in the course of his employment, his employer shall be liable to pay
compensation in accordance with the provisions of this Chapter:
Provided that the employer shall not be so liable—
(a) in respect of any injury which does not result in the total or partial disablement
of the workman for a period exceeding 13[four] days ;
(b) in respect of any 14[injury, not resulting in death, caused by] an accident
which is directly attributable to—
(i) the workman having been at the time thereof under the influence of
drink or drugs, or
(ii) the wilful disobedience of the workman to an order expressly given, or
to a rule expressly framed, for the purpose of securing the safety of
workmen, or
1 The words “either by way of manual labour or” omitted by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933),s. 2.
2Omitted by Act IV of 2007, s. 2 (w.e.f. 1-7-2007).
3The words “His Magesty’s omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II.
4The words “ or of the Royal Indian Marine Service” omitted by A.O., 1937 (w.e.f. 141937).
5The original words “of the Govt.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (w.e.f. 2331956), to read as above.
6 Subs. by Act 15 of 1933, s. 2, for the original sub-section (3).
7 Subs. by A.O., 1937, for “G.G. in C.”.
8 For such a notification, see Gazette of India, 1935, Pt. I, p. 745
9Subs. by A.O., 1937, for “Gazette of India”.
10Subs. ibid., for “his”.
11Subs. ibid., for “he”. 12Ins. ibid
13 Subs. by the Work men’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 3 (w.e.f.1531957), for “seven” which had been subs. by the Work men’s Compensation
(Amdt.) Act, 1933 (15 of 1933),s. 3, for “ten”.
14 Subs. by Act 15 of 1933, s. 3, for injury of workman resulting from.
Page 6 of 35
(iii) the willful removal or disregard by the workman of any safety guard or other
device which he knew to have been provided for the purpose of securing the
safety of workmen, 1*
2
* * * * * * *
(2) 3[If a workman employed in any employment specified in Part A of Schedule III
contracts any disease specified therein as an occupational disease peculiar to that employment], or if
a workman, whilst in the service of an employer in whose service he has been employed for a
continuous period of not less than six months in any employment specified in 4[Part B of] Schedule
III, contracts any disease specified therein as an occupational disease peculiar to that employment,
the contracting of the disease shall be deemed to be an injury by accident within the meaning of this
section and, unless the employer proves the contrary, the accident shall be deemed to have arisen out
of and in the course of the employment.
Explanation.—For the purposes of this sub‑section a period of service shall be deemed to be
continuous which has not included a period of service under any other employer 5[in the same kind
of employment].
(3) The 6[Provincial Government], after giving, by notification in the 7[official Gazette] not
less than three months’ notice of 8[its] intention so to do, may, by a like notification, add any
description of employment to the employments specified in Schedule III, and shall specify in the
case of the employments so added the diseases which 9[within the Province] shall be deemed for the
purposes of this section to be occupational diseases peculiar to those employments respectively, and
the provisions of sub‑section (2) shall thereupon apply 9[within the Province] as if such diseases had
been declared by this Act to be occupational diseases peculiar to those employments.
(4) Save as provided by sub‑sections (2) and (3), no compensation shall be payable to a
workman in respect of any disease unless the disease is 10* * directly attributable to a specific injury
by accident arising out of and in the course of his employment.
(5) Nothing herein contained shall be deemed to confer any right to compensation on a
workman in respect of any injury if he has instituted in a Civil Court a suit for damages in respect of
the injury against the employer or any other person ; and no suit for damages shall be maintainable
by a workman in any court of law in respect of any injury—
(a) if he has instituted a claim to compensation in respect of the injury before a
Commissioner ; or
1 The word “or” was omitted by the Work men’s Compensation (Amdt.) Act, 1929 (5 of 1929), s. 2 (w.e.f. 2931929).
2 Cl.(c) was omitted, ibid.
3 The original words beginning “If a workman” and ending “disease of anthrax” were first amended by the Work men’s Compensation (Amdt.) Act, 1926 (29 of 1926),s . 2,
and then by the Work men’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 3 (w.e.f.541938), to read as above.
4 Ins. by Act 9 of 1938, s. 3.
5 Added ibid.
6 Subs. by A.O., 1937 (w.e.f.141937), for “G.G. in C.”.
7 Subs. ibid., for “Gazette of India”.
8 Subs. ibid., for “his”.
9 Ins. ibid.
10 The words “solely and” omitted by the Work man’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 3.
Page 7 of 35
(b) if an agreement has been come to between the workman and his
employer providing for the payment of compensation in respect of the
injury in accordance with the provisions of this Act.
4. Amount of Compensation.— 1[(1) Subject to the provisions of this Act, the amount of
compensation shall be as follows, namely :
2
[A. Where death results from the injury to a workman in receipt of monthly wages
falling within limits shown in the first column of Schedule IV the amount
shown against such limits in the second column thereof.]
3
[B. Where permanent total disablement results from injury to a workman in
receipt of monthly wages falling within the limits shown in the first column of
Schedule IV the amount shown against such limits in the third column
thereof.]
C. Where permanent partial disablement results from the injury—
(i) in the case of an injury specified in Schedule I, such percentage of the
compensation which would have been payable in the case of permanent
total disablement as is specified therein as being the percentage of the
loss of earning capacity caused by that injury, and
(ii) in the case of an injury not specified in Schedule I, such percentage of
the compensation payable in the case of permanent total disablement as
is proportionate to the loss of earning capacity permanently caused by
the injury;
Explanation.‑Where more injuries than one are caused by the same accident, the amount of
compensation payable under this head shall be aggregated but not so in any case as to exceed the
amount which would have been payable if permanent total disablement had resulted from the
injuries ;
D. Where temporary disablement, whether total or partial, results from the injury,
a half‑monthly payment payable on the sixteenth day after the expiry of a
waiting period of 4[four] days from the date of the disablement, and thereafter
half‑monthly during the disablement or during a period of five years,
whichever period is shorter,—
(i) in the case of 3[a workman] in receipt of monthly wages falling within limits shown in the
first column of Schedule IV‑of the sum shown against such limits in the fourth column thereof, and
3
* * *
Provided that
(a) there shall be deducted from any lump sum or half‑monthly payments to
which the workman is entitled the amount of any payment or allowance which
the workman has received from the employer by way of compensation during
1Subs. by Workmen’s Compensation Act, 1933 (15 of 1933), s. 4, for the original sub-section (1).
2Subs. by Act XI of 1994, s. Sch.
3Subs. & Omitted by Act XI of 1994, Sch.
4Subs. by Act 11 of 1957,s. 4, for “seven”.
Page 8 of 35
the period of disablement prior to the receipt of such lump sum or of the first
half‑monthly payment, as the case may be 1[except payments made to the
worker during the period of his convalescence towards medical treatment
2
[and the half ‑monthly payments made for the first four months of
disablement] ; 3*
(b) no half‑monthly payment shall in any case exceed the amount, if any, by
which half the amount of the monthly wages of the workman before the
accident exceeds half the amount of such wages which he is earning after the
accident 4[;and]
5
[(c) the amount of half‑monthly payments to which a workman is entitled shall in
no case be less than the amount of half monthly payments to which a
workman drawing lesser monthly wages than such workman is entitled.]
(2) On the ceasing of the disablement before the date on which any half‑monthly payment
falls due, there shall be payable in respect of that half‑month a sum proportionate to the duration of
the disablement in that half‑month.
Method of calculating wages.—7*] 8[In this Act and for the purposes thereof the
6[5.
expression “monthly wages” means the amount of wages deemed to be payable for a month’s
service (whether the wages are payable by the month or by whatever other period or at piece rates),
and calculated] as follows, namely:
(a) where the workman has, during a continuous period of not less than twelve
months immediately preceding the accident, been in the service of the
employer who is liable to pay compensation, the monthly wages of the
workman shall be one-twelfth of the total wages which have fallen due for
payment to him by the employer in the last twelve months of that period;
9
[(b) where the whole of the continuous period of service immediately preceding
the accident during which the workman was in the service of the employer
who is liable to pay the compensation was less than one month, the monthly
wages of the workman shall be 10* * * the average monthly amount which,
during the twelve months immediately preceding the accident, was being
earned by a workman employed on the same work by the same employer, or,
if there was no workman so employed, by a workman employed on similar
work, in the same locality;]
1 Ins. by the Work man’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 4 (w.e.f. 15-3-1957).
2 Added by the Work man’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 3 (w.e.f. 721973)
3 The word “and” omitted by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and 1 st Sch. (w.e.f. 13-4-1972)
4 Subs. ibid., for full stop.
5 Cl. added ibid.
6 The original section 5 was renumbered as subsection (1) of that section by the Work man’s Compensation (Amdt.) Act, 1929 (5 of 1929), s. 3 (w.e.f. 29-3-1929).
7 The brackets and figure “(1)” omitted by the Work man’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 4 (w. e.f. 5-4-1938).
8 Subs. by the Work man’s Compensation (Amdt.) Act, 1939 (13 of 1939), s.2 (w.e.f. 3061934), for “For the purposes of [this Act] the monthly wages of a
workman shall be calculated”. The words in crotchets were subs. by the Work man’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 5, for “section 4”.
9 Cl. (b)ins. by Act 15 of 1933, s. 5.
10 The words “deemed to be” omitted by the Work men’s Compensation (Amdt.) Act, 1939 (13 of 1939), s. 2 (w.e.f. 30-6-1939).
Page 9 of 35
1
[(c)] in other cases, the monthly wages shall be thirty times the total wages earned
in respect of the last continuous period of service immediately preceding the
accident from the employer who is liable to pay compensation, divided by the
number of days comprising such period.
2
* * * * * * *
Explanation._ A period of service shall, for the purposes of 3[this section] be deemed to be
continuous which has not been interrupted by a period of absence from work exceeding fourteen
days.
4
* * * * * * *
6. Review.—(1) Any half‑monthly payment payable under this Act, either under an
agreement between the parties or under the order of a Commissioner, may be reviewed by the
Commissioner, on the application either of the employer or of the workman accompanied by the
certificate of a qualified medical practitioner that there has been a change in the condition of the
workman or, subject to rules made under this Act, on application made without such certificate.
(2) Any half‑monthly payment may, on review under this section, subject to the provisions
of this Act, be continued, increased, decreased or ended, or if the accident is found to have resulted
in permanent disablement, be converted to the lump sum to which the workman is entitled less any
amount which he has already received by way of half‑monthly payments.
7. Commutation of half-monthly payments.— Any right to receive half‑monthly
payments may, by agreement between the parties or, if the parties cannot agree and the payments
have been continued for not less than six months, on the application of either party to the
Commissioner be redeemed by the payment of a lump sum of such amount as may be agreed to by
the parties or determined by the Commissioner, as the case may be.
8. Distribution of Compensation.—5[(1). No payment of compensation in respect of a
workman whole injury has resulted in death, and no payment of a lump sum as compensation to a
woman or a person under a legal disability, shall be made otherwise than by deposit with the
Commissioner, and no such payment made directly by an employer shall be deemed to be a
payment of compensation:
6
[Provided that, in the case of a deceased workman, an employer may make to any
dependant advances on account of compensation not exceeding an aggregate of one hundred rupees,
and so much of such aggregate as does not exceed the compensation payable to that dependant shall
be deducted by the Commissioner from such compensation and repaid to the employer.]
1The original cl. (b) was relettered as cl. (c) by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 5.
2The proviso omitted, ibid.
3The original words “this section” were subs. first by the Work men’s Compensation (Amdt.) Act, 1929 (5 of 1929), s. 3 (w.e.f. 2931929) and then by the Work men’s
Compensation (Amdt.) Act, 1938 (9 of 1938) (w.e.f. 5-4-1938) to read as above.
4Sub-section (2) which had been ins. by Act 5 of 1929, was omitted by Act 15 of 1933, s. 5.
5Subs. by the Work men’s Compensation (Amdt.) Act, 1929 (5 of 1929), s.4 (w.e.f. 29-3-1929), for the original sub-section (1) to (3).
6Subs. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 6, for the original proviso.
Page 10 of 35
(2) Any other sum amounting to not less than ten rupees which is payable as compensation
may be deposited with the Commissioner on behalf of the person entitled thereto.
(3) The receipt of the Commissioner shall be a sufficient discharge in respect of any
compensation deposited with him.]
(4) On the deposit of any money under sub‑section (1) 1[as compensation in respect of a
deceased workman] the Commissioner 2[shall deduct] therefrom the actual cost of the workman’s
funeral expenses, to an amount not exceeding 3[twenty‑five rupees] and pay the same to the person
by whom such expenses were incurred, and shall, if he thinks necessary, cause notice to be
published or to be served on each dependant in such manner as he thinks fit, calling upon the
dependants to appear before him on such date as he may fix for determining the distribution of the
compensation. If the Commissioner is satisfied after any inquiry which he may deem necessary, that
no dependant exists, he shall 4[not less than two years after the date of deposit, transfer the balance
of the money to such fund or funds for the benefit of workmen as the Provincial Government may
by notification in the official Gazette specify or establish]. The Commissioner shall, on application
by the employer, furnish a statement showing in detail all disbursements made.
5
[(5) Compensation deposited in respect of a deceased workman shall, subject to any
deduction made 6[under the proviso to sub‑section (1) or] under sub‑section (4), be apportioned
among the dependants of the deceased workman or any of them in such proportion as the
Commissioner thinks fit, or may, in the discretion of the Commissioner, be allotted to any one
dependant.
(6) Where any compensation deposited with the Commissioner is payable to any person,
the Commissioner shall, if the person to whom the compensation is payable is not a woman or a
person under a legal disability, and may, in other cases, pay the money to the person entitled
thereto.
(7) Where any lump sum deposited with the Commissioner is payable to a woman or a
person under a legal disability, such sum may be invested, applied or otherwise dealt with for the
benefit of the woman, or of such person during his disability, in such manner as the Commissioner
may direct; and where a half monthly payment is payable to any person under a legal disability, the
Commissioner may, of his own motion or on an application made to him in this behalf, order that
the payment be made during the disability to any dependant of the workman or to any other person
whom the Commissioner thinks best fitted to provide for the welfare of the workman.]
7
[(8)] Where, on application made to him in this behalf or otherwise, the Commissioner is
satisfied that, on account of neglect of children on the part of a parent or on account of the
variation of the circumstances of any dependant or for any other sufficient cause, an order of the
Commissioner as to the distribution of any sum paid as compensation or as to the manner in which
any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to
be varied, the Commissioner may make such orders for the variation of the former order as he
thinks just in the circumstances of the case:
1 Ins. by Act 5 of 1929, s. 4.
2 Subs. by Act 15 of 1933, s. 6, for “may deduct”.
3 Subs. ibid., for the words “fifty rupees [or so much of that cost or of fifty rupees, whichever is less, as has not already been advanced by the employer on account
of such expenses]”. The words in crochets were ins. by Act 5 of 1929, s. 4.
4 Subs. by the Work men’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 5 (w.e.f. 1531957), for “repay the balance of the money to the employer by whom it was
repaid”.
5 Sub-section (5) to (7) were subs. by Act 5 of 1929, s. 4, for the original sub-section (5).
6 Ins. by Act 11 of 1957, s. 5.
7 Subsection (6) renumbered as subsection (8) by the Work men’s Compensation (Amdt.) Act, 1929 (5 of 1929), s. 4 (w.e.f. 293-1929).
Page 11 of 35
Provided that no such order prejudicial to any person shall be made unless such person has
been given an opportunity of showing cause why the order should not be made, or shall made in any
case in which it would involve the repayment by a dependant of any sum already paid to him.
1
[(9) Where the Commissioner varies any order under subsection (8) by reason of the fact
that payment of compensation to any person has been obtained by fraud, impersonation or other
improper means, any amount so paid to or on behalf of such person may be recovered in the manner
hereinafter provided in section 31.]
9. Compensation not to be assigned, attached or charged.—Save as provided by this
Act, no lump sum or half-monthly payment payable under this Act shall in any way be capable of
being assigned or charged or be liable to attachment or pass to any person other than the workman
by operation of law, nor shall any claim be set off against the same.
10. Notice and claim.—(1) 2[No claim for compensation shall be entertained by a
Commissioner unless notice of the accident has been given in the manner hereinafter provided as
soon as practicable after the happening thereof and unless the claim is preferred before him within
3
[three years] of the occurrence of the accident or, in case of death, within 3[three years] from the
date of death]:
Provided that, where the accident is the contracting of a disease in respect of which the
provisions of sub‑section (2) of section 3 are applicable, the accident shall be deemed to have
occurred on the first of the days during which the workman was continuously absent from work in
consequence of the disablement caused by the disease:
4
[Provided further that the want of or any defect or irregularity in a notice shall not be a bar
5
to the [entertainment of a claim]
(a) if the claim is 6[preferred] in respect of the death of a workman resulting from
an accident which occurred on the premises of the employer, or at any place
where the workman at the time of the accident was working under the control
of the employer or of any person employed by him, and the workman died on
such premises or at such place, or on any premises belonging to the employer,
or died without having left the vicinity of the premises or place where the
accident occurred, or
(b) if the employer 7[or any one of several employers or any person responsible to
the employer for the management of any branch of the trade or business in
which the injured workman was employed] had knowledge of the accident
from any other source at or about the time when it occurred :]
1 Sub-section (9) added, by Act 5 of 1929, s.4.
2 Subs. by the Work men’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 5 (w.e.f. 541938), for certain words.
3 Subs. by the Work men’s Compensation (Amdt.) Act, 1973 (14 of 1973), section 4 (w.e.f. 721973), for “one year”.
4 Proviso ins. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 7.
5 Subs. by Act 9 of 1938, s. 5, for “maintenance of proceeding”.
6 Subs. ibid., for “made”.
7 Ins. by Act No. 9 of 1938.
Page 12 of 35
Provided, further, that the Commissioner may 1[entertain] and decide any claim to
compensation in any case notwithstanding that the notice has not been given, or the claim has not
been 2[preferred], in due time as provided in this sub‑section, if he is satisfied that the failure so to
give the notice or 3[prefer] the claim, as the case may be, was due to sufficient cause.
(2) Every such notice shall give the name and address of the person injured and shall state in
ordinary language the cause of the injury and the date on which the accident happened, and shall be
served on the employer or upon 4[any one of] several employers, or upon any person 5* responsible
to the employer for the management of any branch of the trade or business in which the injured
workman was employed.
6
[(3) The 7[Provincial Government] may require that any prescribed class of employers shall
maintain at their premises at which workmen are employed a notice‑book, in the prescribed form,
which shall be readily accessible at all reasonable times to any injured workman employed on the
premises and to any person acting bona fide on his behalf.
(4) A notice under this section may be served by delivering it at, or sending it by registered
post addressed to, the residence or any office or place of business of the person on whom it is to be
served, or, where a notice‑book is maintained, by entry in the notice‑book.]
8[10A.
Power to require from employers statements regarding fatal accidents.—(1)
Where a Commissioner receives information from any source that a workman has died as a result of
an accident arising out of and in the course of his employment, he may send by registered post a
notice to the workman's employer requiring him to submit, within thirty days of the service of the
notice, a statement, in the prescribed form, giving the circumstances attending the death of the
workman, and indicating whether, in the opinion of the employer, he is or is not liable to deposit
compensation on account of the death.
(2) If the employer is of opinion that he is liable to deposit compensation, he shall make the
deposit within thirty days of the service of the notice.
(3) If the employer is of opinion that he is not liable to deposit compensation, he shall in his
statement indicate the grounds on which he disclaims liability.
(4) Where the employer has so disclaimed liability, the Commissioner, after such enquiry as
he may think fit, may inform any of the dependants of the deceased workman that it is open to the
dependants to prefer a claim for compensation, and may give them such other further information as
he may think fit.
10B. Reports of fatal accidents.—(1) Where, by any law for the time being in force, notice
is required to be given to any authority, by or on behalf of an employer, of any accident occurring on
his premises which results in death, the person required to give the notice shall, within seven days of
the death, send a report to the Commissioner giving the circumstances attending the death:
1 Subs. ibid., for “admit”.
2 Subs. ibid., for “instituted”.
3 Subs. ibid., for “institute”.
4 Subs. by the Repealing and Amending Act, 1924 (7 of 1924), s. 2 and Sch. I (w.e.f. 1531924), for “any one or”.
5 The word “directly” omitted by the Work men’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 5 (w.e.f. 5-4-1938).
6 Subs. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 7, for the original subsection (3).
7 Subs. by A.O., 1937 (w.e.f. 141937), for “L.G.”.
8 Ss. 10A and 10B were ins. by Act 15 of 1933, s. 8.
Page 13 of 35
Provided that where the 1[Provincial Government] has so prescribed the person required to
give the notice may instead of sending such report to the Commissioner send it to the authority to
whom he is required to give the notice.
(2) The 1[Provincial Government] may, by notification in the 2[official Gazette], extend the
provisions of sub‑section (1) to any class of premises other than those coming within the scope of
that sub‑section and may by such notification, specify the persons who shall send the report to the
Commissioner.]
3[10C. Officers authorized may refer cases for payment of compensation.—A Labour
Commissioner, an Inspector of Factories or any other officer authorized by the Provincial
Government for this purpose may refer, in the prescribed manner, to the Commissioner cases of
workmen who have not been paid due compensation by employers under the provisions of this Act.
10D. Fixation of abstracts of the Act or rules at the entrance of the premises.—There
shall be affixed in some conspicuous place near the main entrance of every place where workmen
are employed, in English and in the language of the majority of the workmen, such abstracts of this
Act and of the rules made thereunder as may be prescribed.]
11. Medical Examination.—4[(1) Where a workman has given notice of an accident, the
employer shall, before the expiry of three days from the time at which service of the notice has been
effected, have the workman examined free of charge by a qualified medical practitioner, and the
workman shall submit himself for such examination, and any workman who is in receipt of a
half‑monthly payment under this Act, shall if so required, submit himself for such examination from
time to time:
Provided that a workman not examined free of charge as aforesaid may get himself examined
by a qualified medical practitioner and the expenses of such medical examination shall be
reimbursed to the workman by the employer:
Provided further that a workman shall not be required to submit himself for examination by a
medical practitioner otherwise than in accordance with rules made under this Act, or at more
frequent intervals than may be prescribed.]
(2) If a workman, on being required to do so by the employer under sub‑section (1) or by
the Commissioner at any time, refuses to submit himself for examination by a qualified medical
practitioner or in any way obstructs the same, his right to compensation shall be suspended during
the continuance of such refusal or obstruction unless, in the case of refusal, he was prevented by
any sufficient cause from so submitting himself.
(3) If a workman, before the expiry of the period within which he is liable under sub‑section
(1) to be required to submit himself for medical examination, voluntarily leaves without having
been so examined the vicinity of the place in which he was employed, his right to compensation
shall be suspended until he returns and offers himself for such examination.
1 Subs. by A.O., 1937 (w.e.f. 141937), for “L.G.”.
2 Subs. ibid., for “local official Gazette”.
3 Ins. by the Work men’s Compensation (Amdt.) Act, 1957 (11 of 1957), section 6 (w.e.f. 1531957).
4 Subs. ibid., s. 7, for the original sub-section (1).
Page 14 of 35
(4) Where a workman, whose right to compensation has been suspended under sub‑section
(2) or sub‑section (3), dies without having submitted himself for medical examination as required
by either of those sub‑sections, the Commissioner may, if he thinks fit, direct the payment of
compensation to the dependants of the deceased workman.
(5) Where under sub‑section (2) or sub‑section (3) a right to compensation is suspended, no
compensation shall be payable in respect of the period of suspension, and, if the period of
suspension commences before the expiry of the waiting period referred to in clause D of sub‑section
(1) of section 4, the waiting period shall be increased by the period during which the suspension
continues.
(6) Where an injured‑workman has refused to be attended by a qualified medical
practitioner whose services have been offered to him by the employer free of charge or having
accepted such offer has deliberately disregarded the instructions of such medical practitioner, then,
1
[if it is proved that the workman has not thereafter been regularly attended by a qualified medical
practitioner or having been so attended has deliberately failed to follow his instructions and that
such refusal, disregard or failure was unreasonable] in the circumstances of the case and that the
injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of
the same nature and duration as they might reasonably have been expected to be if the workman had
been regularly attended by a qualified medical practitioner 2[whose instructions he had followed],
and compensation, if any, shall be payable accordingly.
12. Contracting. —(1) Where any person (hereinafter in this section referred to as the
principal) in the course of or for the purposes of his trade or business contracts with any other
person (hereinafter in this section referred to as the contractor) for the execution by or under the
contractor of the whole or any part of any work which is ordinarily part of the trade or business of
the principal, the principal shall be liable to pay to any workman employed in the execution of the
work any compensation which he would have been liable to pay if that workman had been
immediately employed by him ; and where compensation is claimed from the principal, this Act
shall apply as if references to the principal were substituted for references to the employer except
that the amount of compensation shall be calculated with reference to the wages of the workman
under the employer by whom he is immediately employed.
(2) Where the principal is liable to pay compensation under this section, he shall be entitled to
be indemnified by the contractor,3[or any other person from whom the workman could have
recovered compensation and where a contractor who is himself a principal is liable to pay
compensation or to indemnify a principal under this section he shall be entitled to be indemnified by
any person standing to him in the relation of a contractor from whom the workman could have
recovered compensation] and all questions as to the right to and the amount of any such indemnity
shall, in default of agreement, be settled by the Commissioner.
(3) Nothing in this section shall be construed as preventing a workman from recovering
compensation from the contractor instead of the principal.
1
Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 6 (w.e.f. 541938), for “if it is thereafter proved that the workman
has not been regularly attended by a qualified medical practitioner and that such refusal, failure or disregard was unreasonable”.
2
Ins. ibid.
3
Ins. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), section 9.
Page 15 of 35
(4) This section shall not apply in any case where the accident occurred elsewhere than on, in
or about the premises on which the principal has undertaken or usually undertakes, as the case may
be, to execute the work or which are otherwise under his control or management.
13. Remedies of employer against stranger.—Where a workman has recovered
compensation in respect of any injury caused under circumstances creating a legal liability of some
person other than the person by whom the compensation was paid to pay damages in respect thereof,
the person by whom the compensation was paid and any person who has been called on to pay an
indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages
as aforesaid.
14. Insolvency of employer.— (1) Where any employer has entered into a contract with any
insurers in respect of any liability under this Act to any workman, then in the event of the employer
becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the
employer is a company, in the event of the company having commenced to be wound up, the rights of
the employer against the insurers as respects that liability shall, notwithstanding anything in any law
for the time being in force relating to insolvency or the winding up of companies, be transferred to
and vest in the workman, and upon any such transfer the insurers shall have the same rights and
remedies and be subject to the same liabilities as if they were the employer, so, however, that the
insurers shall not be under any greater liability to the workman than they would have been under to
the employer.
(2) If the liability of the insurers to the workman is less than the liability of the employer to
the workman, the workman may prove for the balance in the insolvency proceedings or liquidation.
(3) Where in any case such as is referred to in sub‑section (1) the contract of the employer
with the insurers is void or voidable by reason of non‑compliance on the part of the employer with
any terms or conditions of the contract (other than a stipulation or the payment of premia), the
provisions of that sub‑section shall apply as if the contract were not void or voidable, and the insurers
shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the
workman:
Provided that the provisions of this sub‑section shall not apply in any case in which the
workman fails to give notice to the insurers of the happening of the accident and of any resulting
disablement as soon as practicable after he becomes aware of the institution of the insolvency or
liquidation proceedings.
(4) There shall be deemed to be included among the debts which under section 49 of the
1
[Insolvency (Karachi Division) Act]. (XXVII of 1981)], or under section 61 of the Provincial
Insolvency Act, 1920 (V of 1920), or under section 230 of the Companies Act, 1913 (VII of 1913),
are in the distribution of the property of an insolvent or in the distribution of the assets of a
company being wound up to be paid in priority to all other debts, the amount due in respect of any
compensation the liability where for accrued before the date of the order of adjudication of the
insolvent or the date of the commencement of the winding up, as the case may be, and those Acts
shall have effect accordingly.
(5)Where the compensation is a half‑monthly payment, the amount due in respect thereof
shall, for the purposes of this section, be taken to be the amount of the lump sum for which the
half‑monthly payment could, if redeemable, be redeemed if application were made
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “Insolvency (Karachi Division and Dacca)
1
Act”, which was previously amended by various enactments.
Page 16 of 35
(6) The provisions of sub‑section (4) shall apply in the case of any amount for which an
insurer is entitled to prove under sub-section (3), but otherwise those provisions shall not apply
where the insolvent or the company being wound up has entered into such a contract with insurers as
is referred to in sub‑section (1).
(7) This section shall not apply where a company is wound up voluntarily merely for the
purposes of reconstruction or of amalgamation with another company.
15. Special provisions relating to masters and seamen.— This Act shall apply in the case
of workmen who are masters of 1* ships or seamen subject to the following modifications, namely:
—
(1) The notice of the accident and the claim for compensation may, except where the person
injured is the master of the ship, be served on the master of the ship as if he were the employer, but
where the accident happened and the disablement commenced on board the ship, it shall not be
necessary for any seamen to give any notice of the accident.
(2) In the case of the death of a master or seaman, the claim for compensation shall be made
within six months after the news of the death has been received by the claimant or, where the ship
has been or is deemed to have been lost with all hands, within eighteen months of the date on which
the ship was, or is deemed to have been, so lost.
(3) Where an injured master or seaman is discharged or left behind 2* * * in a foreign
country, any depositions taken 2* * * by any Consular Officer in the foreign country and transmitted
by the person by whom they are taken to the 3[Federal Government] or any 4[Provincial
Government] shall, in any proceedings for enforcing the claim, be admissible in evidence_
(a) if the deposition is authenticated by the signature of the 5* * * Consular
Officer before whom it is made ;
(b) if the defendant or the person accused, as the case may be, had an opportunity
by himself or his agent to cross‑examine the witness ; and
(c) if the deposition was made in the course of a criminal proceeding, on proof
that the deposition was made in the presence of the person accused ;
and it shall not be necessary in any case to prove the signature or official character of
the person appearing to have signed any such deposition and a certificate by such
person that the defendant or the person accused had an opportunity of cross‑examining
the witness and that the deposition if made in a criminal proceeding was made in the
presence of the person accused shall, unless the contrary is proved, be sufficient
evidence that he had that opportunity and that it was so made.
The word “registered” omitted by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 10.
1
2
Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II.
3
Subs. by A.O., 1975, Art. 2 and Table for “Central Government” (w.e.f. 14-8-73), which had been subs. by A.O., 1937 (w.e.f. 141937) for “G.G. in
C.”
4
Subs. by A.O., 1937, for “L.G.”.
Page 17 of 35
1
* * * * * * *
2
[(4) No 3[half‑monthly payment] shall be payable in respect of the period during which the
owner of the ship is, under any law in force for the time being in 4[Pakistan] relating to merchant
shipping, liable to defray the expenses of maintenance of the injured master or seaman.
5
[(5) No compensation shall be payable under this Act in respect of any injury in respect of
which provision is made for payment of a gratuity, allowance or pension under the War Pensions and
Detention Allowances (Mercantile Marine, etc.) Scheme, 1939 (2 & 3 Geo 6.c.83.), or the War
Pensions and Detention Allowances (Indian Seamen, etc.) Scheme, 1941, made under the Pensions
(Navy, Army, Air Force and Mercantile Marine) Act, 1939, or under the War Pensions and Detention
Allowances (Indian Seamen) Scheme, 1942, made by the 6[Federal Government].
(6) Failure to give a notice or make a claim or commence proceedings within the time
required by this Act shall not be a bar to the maintenance of proceedings under this Act in respect of
any personal injury, if
(a) an application has been made for payment in respect of that injury under any
of the schemes referred to in the preceding clause, and
(b) the Provincial Government certifies that the said application was made in the
reasonable belief that the injury was one in respect of which the scheme
under which the application was made, makes provision for payments, and
that the application was rejected or that payments made in pursuance of the
application were discontinued on the ground that the injury was not such an
injury, and
(c) the proceedings under this Act are commenced within one month from the
date on which the said certificate of the Provincial Government was
furnished to the person commencing the proceedings.]
16. Returns as to compensation.—The 7[Provincial Government] may, by notification in
8
the [official Gazette], direct that every person employing workmen, or that any specified class of
such persons, shall send at such time and in such form and to such authority, as may be specified in
the notification, a correct return specifying the number of injuries in respect of which compensation
has been paid by the employer during the previous year and the amount of such compensation,
together with such other particulars as to the compensation as the 7[Provincial Government] may
direct.
1
The Original cl. (4) omitted by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 7 (w.e.f. 5-4-1938).
2
Cl. (5) renumbered and cl. (4), ibid.
3
Subs. by the Repealing and Amending Act, 1924 (7 of 1924), s. 2 and Sch. I (w.e.f. 1531924), for “monthly payment”.
4
Subs, and shall be deemed to have been so subs. on the fourteenth day of October, 1955, by the Central Laws (Statute Reform) Ordinance, 1960
(21 of 1960), s. 3 and Second Sch., for the words “the Provinces and the Capital of the Federation” which were subs. by A.O., 1949 (w.e.f.
2831949) for “British India”.
5
Subs. by the Workmen’s Compensation (Amdt.) Act, 1942 (1 of 1942), section 2 (w.e.f. 391939), for cl. (5) which was ins. by the Workmen’s
Compensation (Second Amdt.) Act, 1939 (42 of 1939), s. 2 (w.e.f. 3-9-1939).
6
Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” (w.e.f. 14-8-1973).
7
Subs. by A.O., 1937 (w.e.f.1-4-1937), for “G.G. in C.”.
8
Subs. ibid., for “Gazette of India”
Page 18 of 35
17. Contracting out.— Any contract or agreement whether made before or after the
commencement of this Act, whereby a workman relinquishes any right of compensation from the
employer for the personal injury arising out of or in the course of the employment, shall be null and
void in so far as it purports to remove or reduce the liability of any person to pay compensation
under this Act.
18. Proof of age.— Where any question arises as to the age of a person injured by accident
arising out of and in the course of his employment in a factory, 1[a valid certificate granted in
respect of such person under section 12 or section 52 of the Factories Act, 1934 (XXV of 1934)],
before the occurrence of the injury shall be conclusive proof of the age of such person.
2[18A. Penalties.— (1) Whoever__
(a) fails to maintain a notice book which he is required to maintain under
sub‑section (3) of section 10, or
]]
(b) fails to send to the Commissioner a statement which he is required to send
under sub- section (1) of section 10A, or
(c) fails to send a report which he is required to send under section 10B, or
(d) fails to make a return which he is required to make under section 16; 3[or]
4
[(e) fails to affix the abstracts of this Act and of the rules as required by section
10D,] shall be punish able with fine which may extend to one hundred rupees.
5
* * * * * * *
(2) No prosecution under this section shall be instituted except by or with the previous
sanction of a Commissioner, and no court shall take cognizance of any offence under this section,
unless complaint thereof is made within six months of the date on which the offence is alleged to
have been committed.]
CHAPTER III
COMMISSIONERS
19. Reference to Commissioners.—(1) If any question arises in any proceedings under this
Act as to the liability of any parson to pay compensation (including any question as to weather a
person injured is or is not a workman) or as to the amount or duration of compensation (including
any question as to the nature or extend of disablement), the question shall, in default of agreement, be
settled by 6[a Commissioner].
(2) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is
by or under this Act required to be settled, decided or dealt with by a Commissioner or to enforce any
liability incurred under this Act.
1
Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 7 (w.e.f 5-41938), for “a certificate granted in respect of such
person under section 7 or section 8 of the Indian Factories Act, 1911”.
2
S. 18A ins. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 11.
3
Added by the Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), s.11, section 8 (w.e.f 15-3-1957).
4
Ins. ibid.
5
Sub-setion (1A) ins. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and 1st Sch. (w.e.f. 1341972), omitted by the Work men’s
Compensation (Amdt.) Act, 1973 (14 of 1973), s. 5 (w.e.f. 7-2-1973).
6
Subs. by Act 15 of 1933, s. 12, for “the Commissioner”.
Page 19 of 35
20. Appointment of Commissioners.—(1) The 1[Provincial Government] may, by
notification in the 2[official Gazette], appoint any person to be a Commissioner for Workmen's
Compensation for such local area as may be specified in the notification.
3
[(2) Where more than one Commissioner has been appointed for any local area, the
1
[Provincial Government] may, by general or special order, regulate the distribution of business
between them.]
3
[(3) Any Commissioner may, for the purpose of deciding any matter referred to him for
decision under this Act, choose one or more persons possessing special knowledge of any matter
relevant to the matter under inquiry to assist him in holding the inquiry.
3
[(4) Every Commissioner shall be deemed to be a public servant within the meaning of the
Pakistan Penal Code (Act XLV of 1860).
21. Venue of Proceedings and transfer.—(1) Where any matter is under this Act to be
done by or before a Commissioner, the same shall, subject to the provisions of this Act and to any
rules made hereunder, be done by or before 4[a Commissioner] for the local area in which the
accident took place which resulted in the injury:
Provided that, where the workman is the master of a 5* ship or a seaman, any such matter
may be done by or before 4[a Commissioner] for the local area in which the owner or agent of the
ship resides or carries on business.
(2) If a Commissioner is satisfied 6[that any matter arising out of any proceedings pending
before him] can be more conveniently dealt with by any other Commissioner, whether in the same
Province or not, he may, subject to rules made under this Act, order such matter to be transferred to
such other Commissioner either for report or for disposal, and, if he does so, shall forthwith
transmit to such other Commissioner all documents relevant for the decision of such matter and,
where the matter is transferred for disposal, shall also transmit in the prescribed manner any money
remaining in his hands or invested by him for the benefit of any party to the proceedings:
7
[Provided that the Commissioner shall not, where any party to the proceedings has
appeared before him, make any order of transfer relating to the distribution among dependants of a
lump sum without giving such party an opportunity of being heard :]
Provided 8[further] that no matter other than a matter relating to the actual payment to a
workman or the distribution among dependants of a lump sum shall be transferred for disposal
under this sub‑section to a Commissioner in the same Province save with the previous sanction of
the 1[Provincial Government] or to a Commissioner in another Province save with the previous
sanction of 9[the Provincial Government of that Province], unless all the parties to the proceedings
agree to the transfer.
1
Subs. by A.O., 1937 (w.e.f.141937), for “L.G.”.
2
Subs. ibid., for “local official Gazette”.
3
A new sub-section (2) was ins. and the old sub-section (2) and (3) were re-numbered as (3) and (4), by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s.
13.
4
Subs. ibid., s. 14, for “the Commissioner”.
5
The word “registered” omitted, ibid.
6
Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 9 (w.e.f. 541938), for “by any party to any proceedings under this Act pending before
him that such matter”.
7
Proviso ins. ibid.
8
Ins. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 9 (w.e.f. 5-4-1938)
9
Subs. ibid., for “the G.G. in C.”.
Page 20 of 35
(3) The Commissioner to whom any matter is so transferred shall, subject to rules made under
this Act, inquire thereinto and, if the matter was transferred for report, return his report thereon or,
if the matter was transferred for disposal, continue the proceedings as if they had originally
commenced before him.
(4) On receipt of a report from a Commissioner to whom any matter has been transferred for
report under sub‑section (2), the Commissioner by whom it was referred shall decide the matter
referred in conformity with such report.
1
[(5) The 2[Provincial Government] may transfer any matter from any Commissioner
appointed by it to any other Commissioner appointed by it.]
22. Form of application.—(1) No application for the settlement of any matter by a
Commissioner, 3[other than an application by a dependant or dependants for compensation] shall
be made unless and until some question has arisen between the parties in connection therewith
which they have been unable to settle by agreement.
(2) 4[An application to a Commissioner] may be made in such form and shall be
accompanied by such fee, if any, as may be prescribed, and shall contain, in addition to any
particulars which may be prescribed, the following particulars, namely: —
(a) a concise statement of the circumstances in which the application is made
and the relief or order which the applicant claims ;
(b) in the case of a claim for compensation against an employer, the date of
service of notice of the accident on the employer and, if such notice has not
been served or has not been served in due time, the reason for such omission
;
(c) the names and addresses of the parties ; and
5
(d) [except in the case of an application by dependants for compensation] a
concise statement of the matters on which agreement has and 6[of] those on
which agreement has not been come to.
(3) If the applicant is illiterate or for any other reason is unable to furnish the required
information in writing, the application shall, if the applicant so desires, be prepared under the
direction of the Commissioner.
7[22A Power of Commissioner to require further deposit in cases of fatal accident.—(1)
Where any sum has been deposited by an employer as compensation payable in respect of a
workman whose injury has resulted in death, and in the opinion of the Commissioner such sum
1 Subs. by A.o., 1937 (w.e.f 1-4-1937), for “L.G”.
2 Subsection (5) ins. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 14.
3 Ins. ibid., s. 15.
4 Subs. ibid., for “Where any such question has arisen, the application.”
5 Ins. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), section 15.
6 Subs. by the Repealing and Amending Act, 1925 (37 of 1925), s. 2 and Sch. I (w.e.f. 2391925), for “on”.
7 S. 22A ins. by Act 15 of 1933, s. 16.
Page 21 of 35
is insufficient, the Commissioner may, by notice in writing stating his reasons, call upon the
employer to show cause why he should not make a further deposit within such time as may be
stated in the notice.
(2) If the employer fails to show cause to the satisfaction of the Commissioner, the
Commissioner may make an award determining the total amount payable, and requiring the
employer to deposit the deficiency.]
23. Powers and procedure of Commissioners.—The Commissioner shall have all the
powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), for the purpose
of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of
enforcing the attendance of witnesses and compelling the production of documents and material
objects, 1[and the Commissioner shall be deemed to be a Civil Court for all the purposes of section
195 and of Chapter XXXV of the Code of Criminal Procedure, 1898 ( Act of 1898).]
24. Appearance of parties. Any appearance, application or act required to be made or
done by any person before or to a Commissioner (other than an appearance of a party which is
required for the purpose of his examination as a witness) may be made or done on behalf of such
person by a legal practitioner or 2[by an official of an Insurance Company or registered Trade Union
authorized in writing by such person or, with the permission of the Commissioner, by any other
person so authorized].
25. Method of recording evidence. The Commissioner shall make a brief memorandum of
the substance of the evidence of every witness as the examination of the witness proceeds, and such
memorandum shall be written and signed by the Commissioner with his own hand and shall form
part of the record:
Provided that, if the Commissioner is prevented from making such memorandum, he shall
record the reason of his inability to do so and shall cause such memorandum to be made in writing
from his dictation and shall sign the same, and such memorandum shall form part of the record:
Provided further that the evidence of any medical witness shall be taken down as nearly as
may be word for word.
26. Costs. All costs, incidental to any proceedings before a Commissioner, shall, subject to
rules made under this Act, be in the discretion of the Commissioner.
27. Power to submit cases. A Commissioner may, if he thinks fit, submit any question of
law for the decision of the 3[Tribunal] and, if he does so, shall decide the question in conformity
with such decision.
28.Registration of agreements.—(1) Where the amount of any lump sum payable as
compensation has been settled by agreement, whether by way of redemption of a
half‑monthly payment or otherwise, or where any compensation has been so settled as being
1 Ins. by the Workmen’s Compensation (Amdt.) Act, 1929 (5 of 1929), section, 5 (w.e.f. 29-3-1929).
2 Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 10 (w.e.f. 541938), for “other person authorized in writing by such person”.
3 Subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. (w.e.f. 2511975), for “High Court”.
Page 22 of 35
payable 1[to a women or a person under a legal disability] 2* * * a memorandum thereof shall be
sent by the employer to the Commissioner, who shall, on being satisfied as to its genuineness,
record the memorandum in a register in the prescribed manner:
Provided that
(a) no such memorandum shall be recorded before seven days after
communication by the Commissioner of notice to the parties concerned;
3* * * * * * *
(c) the Commissioner may at any time rectify the register;
(d) where it appears to the Commissioner that an agreement as to the payment of
a lump sum whether by way of redemption of a half‑monthly payment or
otherwise, or an agreement as to the amount of compensation payable 2[to a
woman or a person under a legal disability] 4* * * ought not to be registered
by reason of the inadequacy of the sum or amount, or by reason of the
agreement having been obtained by fraud or undue influence or other
improper means, he may refuse to record the memorandum of the agreement
5[and may make such order] including an order as to any sum already paid
under the agreement, as he thinks just in the circumstances.
(2) An agreement for the payment of compensation which has been registered under
sub‑section (1) shall be enforceable under this Act notwithstanding anything contained in the
Contract Act, 1872 (IX of 1872), or in any other law for the time being in force.
29. Effect of failure to register agreement.—Where a memorandum of any agreement the
registration of which is required by section 28, is not sent to the Commissioner as required by that
section, the employer shall be liable to pay the full amount of compensation which he is liable to
pay under the provisions of this Act, and notwithstanding anything contained in the proviso to
sub‑section (1) of section 4, shall not, unless the Commissioner otherwise directs, be entitled to
deduct more than half of any amount paid to the workman by way of compensation whether under
the agreement or otherwise.
30. Appeals.—(1) An appeal shall lie to the 6[Tribunal] from the following orders of a
commission namely.—
(a) an order awarding as compensation a lump sum whether by way of
redemption of a half‑monthly payment or otherwise or disallowing a claim in
full or in part for a lump sum ;
(b) an order refusing to allow redemption of a half monthly payment;
(c) an order providing for the distribution of compensation among the
dependants of a deceased workman, or disallowing any claims of a person
alleging himself to be such dependant ;
(d) an order allowing or disallowing any claim for the amount of an indemnity
under the provisions of Subsection (2) of section 12 ; or
1 Subs. by the Workmen’s Compensation (Amdt.) Act, 1929 (5 of 1929), section 6 (w.e.f. 2931929), for “to a person under a legal disability”.
2The words “or to a dependent” omitted by the Repealing and Amending Act, 1924 (7 of 1924), s. 3 and Sch. II (w.e.f. 15-3-1924).
3 Cl. (b) omitted by Act 5 of 1929, s. 6.
4 The words “or to any dependent” omitted by Act 7 of 1924, s. 3 and Sch. II.
5 Subs. ibid., s. 2 and Sch. I, for “or may make such order”.
6 Subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. (w.e.f.2511975 ), for “High Court”.
Page 23 of 35
(e) an order refusing to register a memorandum of agreement or registering the
same or providing for the registration of the same subject to conditions:
Provided that no appeal shall lie against any order unless a substantial question of law is
involved in the appeal and, in the case of an order other than an order such as is referred to in clause
(b), unless the amount in dispute in the appeal is not less than three hundred rupees:
Provided, further, that no appeal shall lie in any case in which the parties have agreed to
abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect
to an agreement come to by the parties:
1
[Provided further that no appeal by an employer under clause (a) shall lie unless the
memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the
appellant has deposited with him the amount payable under the order appealed against.]
(2) The period of limitation for an appeal under this section shall be sixty days.
(3) The provisions of section 5 of the Limitation Act, 1908 (IX of 1908), shall be
applicable to appeals under this section.
2
[(4) All appeals under this section, and all questions under section 27, pending before any
High Court immediately before the commencement of the Labour Laws (Amendment) Act, 1975,
shall, on such commencement, stand transferred to, and be disposed of by, the Tribunal within
whose jurisdiction the cause of action to which the appeal relates or, as the case may be, the
question arose.]
3[30A.
Withholding of certain payments pending decision of appeal.—Where an
employer makes an appeal under clause (a) of sub‑section (1) of section 30, the Commissioner may,
and if so directed by the 4[Tribunal] shall, pending the decision of the appeal, withhold payment of
any sum in deposit with him.]
5[31. Recovery.—(1)] The Commissioner may recover as an arrear of land revenue any
amount payable by any person under this Act, whether under an agreement for the payment of
compensation or otherwise, and the Commissioner shall be deemed to be a public officer within the
meaning of section 5 of the Revenue Recovery Act, 1890 (I of 1890).
[(2) Without prejudice to the provisions of sub‑section (1), the Commissioner may recover
6
in the prescribed manner any amount referred to therein by distress and sale of the moveable
property belonging to the person by whom the amount is payable, or by attachment and sale of the
immoveable property belonging to such person.]
CHAPTER IV
RULES
32. Power of the Provincial Government to make rules.—(1) The 7[Provincial
Government] may make rules8 to carry out the purposes of this Act.
1The proviso ins. by the Work men’s Compensation (Amdt.), Act, 1933 (15 of 1933), s. 17.
2
Sub-section (4) added by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. (w.e.f. 25-1-1975).
3
S. 30A ins. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 18.
4
Subs. by Act 11 of 1975, s. 2 and Sch., for “High Court”.
5
S. 31 re-numbered as sub-section (1) of that section by the Labour Laws (Amdt.) Act, 1976 (11 of 1976), s. 2 and Sch. (w.e.f. 12-4-1976).
6Sub-section (2) added ibid.
7
Subs. by A.O., 1937 (w.e.f. 141937), for “G.G. in C.”.
8
For the Workmen’s Compensation Rules, 1924, see Gen. R. & O.
Page 24 of 35
(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:__
(a) for prescribing the intervals at which and the conditions subject to which an
application for review may be made under section 6 when not accompanied by a
medical certificate ;
(b) for prescribing the intervals at which and the conditions subject to which a workman
may be required to submit himself for medical examination under sub‑section (1) of
section 11 ;
(c) for prescribing the procedure to be followed by Commissioners in the disposal of
cases under this Act and by the parties in such cases
(d) for regulating the transfer of matters and cases from one Commissioner to another
and the transfer of money in such cases ;
(e) for prescribing the manner in which money in the hands of a Commissioner may be
invested for the benefit of dependants of a deceased workman and for the transfer of
money so invested from one Commissioner to another ;
1
[(ee) for prescribing the manner in which any balance of money may under sub‑section
(4) of section 8 be transferred to a fund or funds for the benefit of workmen and for
the establishment and administration of such fund or funds ;]
(f) for the representation in proceedings before Commissioners of parties who are
minors or are unable to make an appearance ;
(g) for prescribing the form and manner in which memo random of agreements shall be
presented and registered ;
(h) for the withholding by Commissioners, whether in whole or in part of half‑monthly
payments pending decision on applications for review of the same ; 2*
2
* * * * * * *
2
[(i) for regulating the scales of costs which may be allowed in proceedings under this
Act ;
(j) for prescribing and determining the amount of the fees payable in respect of any
proceedings before a Com- missioner under this Act;
(k) for the maintenance by Commissioners of registers and records of proceedings
before them ;
(l) for prescribing the classes of employers who shall maintain notice‑books under
sub‑section (3) of section 10, and the form of such notice‑books ;
(m) for prescribing the form of statement to be submitted by employers under section
10A ; 3*
1Ins. by the Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), section 9 (w.e.f. 15-3-1957).
2The word “and” at the end of cl. (h) and the original cl. (i) were omitted and the new cls. (i) to (n), which were the same as cls. (a) to (f) of section 33 were ins. by
A.O., 1937 (w.e.f. 1-4-1937).
3The word “and” omitted by Act 11 of 1957, s. 9
Page 25 of 35
(n) for prescribing the cases in which the report referred to in section 10B may
be sent to an authority other than the Commissioner] 1[;] 2[and
2
[(o) for prescribing the abstracts of this Act and of the rules required by section
10D.]
33. [Power of Local Government to make rules.] Rep. by A. O., 1937.
34. Publication of Rules.—(1) The power to make rules conferred by 3[section 32] shall
be subject to the condition of the rules being made after previous publication.
(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses
Act, 1897, (X of 1897) as that after which a draft of rules proposed to be made under section 32 4*
* * will be taken into consideration, shall not be less than three months from the date on which the
draft of the proposed rules was published for general information.
(3) Rules so made shall be published in 5* * * the 6[official Gazette] 7* * * and, on such
publication, shall have effect as if enacted in this Act.
8[35. Rules to give effect to arrangements with other countries for the transfer of money
paid as compensation.-9[(1)] The 10[Federal Government] may, by notification in the 11[official
Gazette] make rules for the transfer 12[to any Acceding State, or] to any part of His Majesty’s
Dominions or to any other country of money 11[deposited with] a Commissioner under this Act
14
[which has been awarded to, or may be due to,] any person residing or about to reside in such
12
[State], part or country and for the receipt 15[distribution] and administration in 16[Pakistan] of
any money 17[deposited] under the law relating to workmen’s compensation 12[in any Acceding
State, or] in any part of His Majesty’s Dominions or in any other country, 18[which has been
awarded to, or may be due to,] any person residing or about to reside in 16[Pakistan]:]
19
[Provided that no sum deposited under this Act in respect of fatal accidents shall be so
transferred without the consent of the employer concerned until the Commissioner receiving the
sum has passed orders determining its distribution and apportionment under the provisions of
sub‑sections (4) and (5) of section 8.
1 Subs. ibid., for full-stop.
2 The word “and” and cl. (o) added, ibid.
3 Subs. by A.O., 1937, for “section 32 and 33”.
4 The words and figures “or section 33” omitted , ibid.
5 The words “the Gazette of India or” omitted by A.O., 1937 (w.e.f. 1-4-1937).
6 Subs. ibid., for “local official Gazette”.
7 The words “as the case may be” omitted, ibid.
8 S. 35 ins. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 20.
9 The original s. 35 was re-numbered as sub-section (1) of that section by the Workmen’s Compensation (Amdt.)Act, 1937 (7 of 1937), s. 2 (w.e.f. 4-3-1937).
10 Subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. (w.e.f. 2511975), for “Central Government” which had been subs. by A.O., 1937, for “G.G. in
C.”.
11 Subs. by A.O., 1937, for “Gazette of India”.
12 Ins. by A.O., 1949 (w.e.f. 28-3-1949).
13 Subs. by Act 7 of 1937, s. 2, for “paid to”.
14 Subs. ibid., for “for the benefit of”.
15 Ins. ibid.
16 Subs. and shall be deemed to have been so subs. on the fourteen day of October, 1955, by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s.3 and
Second Sch., for the words “the Provinces and the Capital of the Federation” which were sub., by A.O., 1949, for “British India”.
17 Subs. by Act 7 of 1937, s. 2., for “awarded”.
18 Subs. ibid., for “and applicable for the benefit of”.
19 The proviso and sub-section (2) added, ibid.
Page 26 of 35
(2) Where money deposited with a Commissioner has been so transferred in accordance with the
rules made under this section, the provisions elsewhere contained in this Act regarding distribution
by the Commissioner of compensation deposited with him shall cease to apply in respect of any such
money.]
1
[SCHEDULE-I
2
[See section 2 (1) and (4)]
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT.
Sr. No. Description of injuries Percentage of loss of
earning capacity.
1. Loss of both hands or amputation at higher sites .. 100
2. Loss of a hand and a foot .. .. .. .. 100
3. Double amputation through leg or thigh, or amputation through 100
leg or thigh on one side and loss of other foot ..
4. Loss of sight to such an extent as to render the claimant unable 100
to perform any work for which eye‑sight is essential.
5. Very sever facial disfigurement .. .. .. 100
6. Absolute deafness .. .. .. .. .. 100
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT
Amputation cases‑Upper limbs (either arm)
1. Amputation through shoulder joint .. .. .. 90
2. Amputation below shoulder with stump less than 8 from tip of acromion .. .. .. .. 80
..
3. Amputation from 8 from tip of acromion to less than 4‑1/2" below tip of 70
olecranon .. .. .. .. ..
4. Loss of a hand or of the thumb and four fingers of one hand or amputation from 60
4‑1/2" below tip of olecranon .. .. ..
5. Loss of thumb .. .. .. .. .. .. .. .. 30
6. Loss of thumb and its metacarpal bone .. .. .. .. 40
7. Loss of four fingers of one hand .. .. .. .. .. 50
8. Loss of three fingers of one hand .. .. .. .. .. 30
9. Loss of two fingers of one hand .. .. .. .. 20
10. Loss of terminal phalanx of thumb .. .. .. .. .. 20
1Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and 1st Sch. (w.e.f. 13-4-1972,) for the existing Shc. I.
2 Subs. by the Labour Laws (Amdt.) Act, 1972 (5 of 1972), s. 2 and Sch. (w.e.f. 791972), for “section 2(1) and 4”.
Page 27 of 35
Amputation cases‑Lower limbs
11. Amputation of both feet resulting in end‑bearing stumps .. .. 90
12. Amputation through both feet proximal to the metatarsophalangeal joint .. .. .. .. .. 80
.. .. .. ..
13. Loss of all toes of both feet through the metatarsophalangeal joint .. 40
14. Loss of all toes of both feet proximal to the proximal interphalangeal joint .. .. .. 30
.. .. .. .. .. ..
15. Loss of all toes of both feet distal to the proximal inter phalangeal joint .. .. .. .. .. 20
.. .. .. ..
16. Amputation at hip .. .. .. .. .. .. .. 90
17. Amputation below hip with stump not exceeding 5” in length measures from tip of great 80
trochanter .. .. .. .. .. ..
18. Amputation below hip with stump exceeding 5" in length measured from tip of great 70
trochanter but not beyond middle high. .. ..
SCHEDULE
Sr. No. Description of injuries Percentage of loss of
earning capacity.
19. Amputation below middle thigh to 3‑1/2" below knee 60
20. Amputation below knee with stump exceeding 3‑1/2in. but not 50
exceeding 5in .. .. .. ..
21. Amputation below knee with stump exceeding 5in. .. 40
22. Amputation of one foot resulting in end‑bearing .. 30
23. Amputation through one foot proximal to the metatarso- phalangeal 30
joint .. .. ..
24. Loss of all toes of one foot through the metatarso-phalangeal joint .. .. .. 20
Other Injuries
25. Loss of one eye, without complications, the other being normal 40
26. Loss of vision of one eye without complication or disfigurement 30
of eyeball, the other being normal .. .. .. .. .. ..
Page 28 of 35
Fingers of right/left hand index finger
27. Whole .. .. .. .. .. .. .. .. 14
28. Two phalanges .. .. .. .. .. .. .. 11
29. One phalanx .. .. .. .. .. .. .. 9
30. Guillotine amputation of tip without loss of bone .. .. .. 5
Middle finger
31. Whole .. .. .. .. .. .. .. .. 12
32. Two phalanges .. .. .. .. .. .. .. 9
33. One phalanx .. .. .. .. .. .. .. 7
34. Guillotine amputation of tip without loss of bone .. .. .. 4
Ring or little finger
35. Whole .. .. .. .. .. .. .. .. 7
36. Two phalanxes .. .. .. .. .. .. .. 6
37. One phalanx .. .. .. .. .. .. .. 5
38. Guillotine amputation of tip without loss of bone .. .. .. 2
Toes of right or left foot great toe
39. Through metatarsophalangeal joint .. .. .. .. .. 14
40. Part, with some loss of bone .. .. .. .. .. 3
Any other toe
41. Through metatarsophalangeal joint .. .. .. .. 3
42. Part, with some loss of bone .. .. .. .. .. .. 1
Two toes of one foot, excluding great toe
43. Through metatarso‑phalangeal joint .. .. .. .. .. 5
44. Part, with some loss of bone .. .. .. .. .. .. 2
Three toes of one foot, excluding great toe
45. Through metatarso‑phalangeal joint .. .. .. .. .. 6
Page 29 of 35
46. Part, with some loss of bone .. .. .. .. .. .. 3
Four toes of one foot, excluding great toe
47. Through metatarso‑phalangeal joint .. .. .. .. .. 9
48. Part, with some loss of bore .. .. .. .. .. .. 3
SCHEDULE-II
[See section 2(1) (n)]
List of persons who, subject to the provisions of section 2(1) (n), are included in the definition of
workmen
The following persons are workmen within the meaning of section 2(1) (n) and subject to the
provisions of that section, that is to say, any person who is
1
[(i) employed, otherwise than 2* * * on a railway, in connection with the operation or
maintenance of 3[a lift or a vehicle propelled by steam or other mechanical power or by
electricity]; or
(ii) employed 4* * * in any premises wherein, or within the precincts whereof, on any one day
of the preceding twelve months, ten or more persons have been employed in any manufacturing
process, as defined in 5[clause (g) of section 2 of the Factories Act, 1934 (XXV of 1934)], or in
any kind of work whatsoever incidental to or connected with any such manufacturing process
or with the article made, and steam, water or other mechanical power or electrical power is used 6*
* *; or
(iii) employed 7[in any place to which section 5 of the Factories Act, 1934, (XXV of
1934) has been applied or] for the purpose of making, altering, repairing, ornamenting, finishing
or otherwise adapting for use, transport or sale any article or part of an article in any premises
wherein or within the precincts whereof on any one day of the preceding twelve months, fifty
or more persons have been so employed; or
(iv) employed in the manufacture or handling of explosives in any premises wherein, or
within, the precincts whereof, on any one day of the preceding twelve months, ten or more persons
have been so employed ; or
(v) employed, in any mine as defined in clause (f) of section 3 of the Mines Act, 1923, (IV
of 1923) in any mining operation, or in any kind of work, 8* * * incidental to connected with
any mining operation or with the mineral obtained, or in kind or work whatsoever below ground:
1 These clauses and the Explanation were subs. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 21, for the original clauses.
2 The words “in a clerical capacity or” omitted by the Workmen’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 6 (w.e.f. 7-2-1973).
3 Subs. by the Work men’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 11 (w.e.f. 541938), for “mechanically propelled vehicles”.
4 The words “otherwise than in a clerical capacity” omitted by the Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 10 (w.e.f. 15-3-1957).
5 Subs. by Act 9 of 1938, s. 11, for “clause (4) of section 2 of the Indian Factories Act, 1911”.
6 The words “but not persons employed solely in a clerical capacity in any room or place where no manufacturing process is being carried on” omitted by Act 14 of
1973, s. 6, which had been ins. by Act 11 of 1957, s. 10.
7 Ins. by Act 11 of 1957, s. 10.
8 The words “other than clerical work” omitted by the Work men’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 6. (w.e.f. 7-2-1973).
Page 30 of 35
Provided that any excavation in which on no day of the preceding twelve months more than
fifty persons have been employed or explosives have been used and whose depth from its highest
to its lowest point does not exceed twenty feet shall be deemed not to be a mine for the purpose of
this clause ; or
(vi) employed as the 1[master, seaman, sailor or otherwise on]‑
(a) any ship which is propelled wholly or in part by steam or other mechanical
power or by electricity or which is towed or intended to be towed by a ship
so propelled, or
(b) any ship not included in sub‑clause (a) of 2[twenty-five] tons net tonnage or
over ; or
(vii) employed for the purpose of loading, unloading, fuelling, constructing, repairing,
demolishing, cleaning or painting any ship of which he is not the master or a
member of the crew, or in the handling or transport within the limits of any port
subject to the Ports Act, 1908, (XV of 1908)of goods which have been discharged
from or are to be loaded into any vessel ; or
3
[(viia) employed in loading and unloading of goods in the mechanically propelled vehicles in
the 4[Karachi Division].]
(viii) employed in the construction, repair or demolition of
5
[(a) any building or structure; or]
(b) any dam or embankment, which is twenty feet or more in height from its lowest to
its highes point ; or
(c) any road, bridge, or tunnel ; or
(d) any wharf, quay, sea‑wall or other marine work including any moorings of ships ; or
(ix) employed in setting up, repairing, maintaining, or taking down any telegraph or
telephone line or post or any overhead electric line or cable or post or standard for
the same ; or
1 Subs. by the Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 10 (w.e.f. 1531957), for “master or as a seaman of”.
2 Subs. ibid., for “fifty”.
3 Ins. by the Ministry of Health and Social Welfare Notification No. LC. 21(73)/58, dated the 30 th March, 1959, see Gaz. of P., 1959, Pt. I, pp. 162-163.
4 Subs. by A.O., 1964, Art. 2 and Sch. (w.e.f. 2851964), for “Federal Territory of Karachi” which had been subs. by the Repealing and Amending Ordinance, 1961 (1
of 1961), s. 3 and Second Sch. (w.e.f. 2411961), for “Federal Capital”.
5Subs. by Act 11 of 1957 s. 10, for the original sub-clause (a).
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(x) employed, 1* * * in the construction, working, repair or demolition of any aerial
ropeway, canal pipe‑line, or sewer ; or
(xi) employed in the service of any fire brigade ; or
(xii) employed upon a railway as defined in clause (4) of section 3, and sub‑section (1) of
section 148 of the Railways Act, 1890, (IX of 1890) either directly or through a sub-
contractor, by a person fulfilling a contract with the railway administration ; or
(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail
Service, or employed in any occupation ordinarily involving out‑door work in the 2*
Posts and Telegraphs Department ; or
3
[(xiiia) employed as treasurer clerks performing out‑door duties in the Pakistan Posts and
Telegraphs Department in Baluchistan and the 4[Karachi Division] ;]
(xiv) employed, 1* * * in connection with operations for winning natural petroleum or
natural gas ; or
(xv) employed in any occupation involving blasting operations ; or
(xvi) employed in the making of any excavation in which on any one day of the preceding
twelve months more than 5[twenty‑five] persons have been employed or explosives
have been used, or whose depth from its highest to its lowest point exceeds twenty
feet ; or
(xvii) employed in the operation of any ferry boat capable of carrying more than ten
persons ; or
(xviii) employed, 1* * *, on any estate which is maintained for the purpose of growing
cinchona, coffee, rubber or tea, and on which on any one day in the preceding twelve
months twenty‑five or more persons have been so employed ; or
(xix) employed, 1* * * in the generating, transforming or supplying of electrical energy or
in the generating or supplying of gas ; or
1 The words “otherwise than in clerical capacity”, omitted by the Work men’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 6 (w.e.f. 7-2-1973).
2 The word “Indian” omitted by A.O., 1949 (w.e.f. 28-3-1949).
3 Added by the Ministry of Law and Labour (Labour Division) Notification No. L.C. 21(2)/49, dated the 20 th October, 1949, see Gaz. of P., 1949, Pt. I, p. 498.
4 Subs. by A.O., 1964, Art. 2 and Sch. (w.e.f. 2851964), for “Federal Territory of Karachi” which had been subs. by Repealing and Amending Ordinance, 1961 (1 of
1961), s. 3 and Second Sch. (w.e.f. 2411961), for “Capital of the Federation”.
5 Subs. by the Work men’s Compensation (Amdt.) Act, 1957 (11 of 1957), section 10 (w.e.f. 1531957), for “fifty”.
Page 32 of 35
(xx) employed in a lighthouse as defined in clause (d) of section 2 of the Lighthouse Act,
1927 (XVII of 1927); or,
(xxi) employed in producing cinematograph pictures intended for public exhibition or in
exhibiting such pictures ; or
(xxii) employed in the training, keeping or working of elephants or wild animals ; or
1
[(xxiii) employed in the tapping of palm‑trees or the felling or logging of trees, or the
transport of timber by inland waters, or the control or extinguishing of forest fires
; or
(xxiv) employed in operations for the catching or hunting of elephants or other wild
animals ; or]
2
[(xxv)] employed as a diver ; 3[or
4
(xxvi) employed in the handling or transport of goods in, or within the precincts of,‑
(a) any warehouse or other place in which goods are stored, and in which on any
one day of the preceding twelve months ten or more persons have been so
employed ; or
(b) any market in which on any one day of the preceding twelve months one
hundred of more persons have been so employed ; or,
(xxvii) employed in any occupation involving the handling and manipulation of radium, or
X‑rays apparatus, or contact with radio‑active substances.]
Explanation.‑ In this Schedule, “the preceding twelve months” relates in any particular case
to the twelve months ending with the day on which the accident in such case occurred.]
1 Cls. (xxiii) and (xxiv) ins. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 11 (w.e.f. 5-4-1938).
2 The existing cl. (xxiii) re-numbered as cl. (xxv), ibid.
3 The word “or” and cls. (xxvi) and (xxvii) ins., ibid.
Page 33 of 35
SCHEDULE-III
(See section 3)
List of occupational diseases
Occupational disease Employment
1
[PART A
Anthrax .. .. .. .. Any employment-
(a) involving the handling of wool, hair, bristles or animal carcases or parts of such
carcases, including hides, hoofs and horns ; or
(b) in connection with animals infected with anthrax ; or
(c) involving the loading, unloading or transport of any merchandise.
Compressed air illness or its sequelae. Any process carried on in compressed air.
Poisoning by lead tetra‑ethyl .. Any process involving the use of lead tetra‑ethyl.
Poisoning by nitrous fumes .. Any process involving exposure to nitrous fumes.
2
PART B]
4
Lead poisoning or its sequelae Any process involving the use of lead [or any of its preparations or compounds except lead
3
(excluding poisoning by lead tetra‑ethyl].
tetra‑ethyl).
Phosphorus poisoning or its sequelae. Any process involving the use of phosphorus or its preparations or compounds.
5 Any process involving the use of mercury or its preparations or compounds.
[Mercury poisoning or its sequelae.
Poisoning by benzene and its Handling benzene or any of its homologues and any process in the manufacture or
homologues, or the sequelae involving the use of benzene or any of its homologues.
of such poisoning.
Chrome ulceration or its sequelae Any process involving the use of chromic acid or bichromate of ammonimum, potassium or
sodium, or their preparations.
6[Arsenical poisoning or its sequelae. Any process involving the production, liberation or utilization of arsenic or its compounds.
Pathological manifestations due to- Any process involving exposure to the action of radium, radio‑active, substances, or X‑rays.
(a) radium and other radioactive
substances ;
(b) X‑rays,
Primary epitheliomatous cancer of the Any process involving the handling or use of tar, pitch, bitumen, mineral oil, paraffin, or
skin. the compounds, products or residues of these substances.]
1 Ins. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 12 (w.e.f. 5-4-1938).
2 This part has been amended in its application to the Federal Capital by S.R.O. 581, dated the 3 rd December, 1959, see Gaz. of P., 1959, Pt. I, p. 552.
3 Added by Act 9 of 1938, s. 12.
4 Subs. ibid., for “or its preparations or compounds”.
5 These entries were ins. by the Work men’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 22.
6 Subs. by Act 9 of 1938, s. 12, for the entry which was added by Act 15 of 1933, s. 22.
Page 34 of 35
1
SCHEDULE-IV
(See section 4)
COMPENSATION PAYABLE IN CERTAIN CASES.
2
*** Amount of compensation for Half‑monthly payment as
compensation for temporary
disablement
Death Permanent Total
disablement
1 2 3 4
2
** *
Rs. Rs.
3 3
[2,00,000] [2,00,000] 1/2 of the monthly wages
during the period of
disablement or a period of one
year, reckoned from the date of
injury, which ever is less and
thereafter only in cases of
chronic lung diseases 1/3 of the
monthly wages during the
period of disablement or for a
period of 5 years, reckoned
from the date of injury,
whichever is less.
1 Subs. by Act XI of 1994 & Sch.
2 First Column Omitted by Act IV of 2007, s. 2 (w.e.f. 1-7-2007).
3 Subs. by ord. 53 of 2001, s. 2, Sch. (w.e.f. 1-7-2001).
Page 35 of 35
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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