(W.P. Ordinance X of 1965)
[17 May 1965]
An
Ordinance to introduce a scheme of Social Security for providing benefits to
certain employees or their dependents in the event of sickness, maternity,
employment, injury or death and for matters ancillary thereto
Preamble.— WHEREAS it is expedient to introduce a scheme of Social
Security for providing benefits to certain employees or their dependents in the
event of sickness, maternity, employment, injury or death, and for matters
ancillary thereto;
AND WHEREAS
the Provincial Assembly of West Pakistan is not in session and the Governor of
West Pakistan is satisfied that circumstances exist which render immediate
legislation necessary;
Now, THEREFORE,
in exercise of the powers conferred on him by clause (1) of Article 79 of the
Constitution, the Governor of West Pakistan is pleased to make and promulgate
the following Ordinance:-
CHAPTER
I
PRELIMINARY
1. Short title, extent, commencement and
application.— (1) This
Ordinance may be called the [3][3][Provincial] Employees’ Social Security Ordinance, 1965.
(3) It shall come into force at once, but
shall apply only to such areas, classes of persons, industries or
establishments, from such date or dates, and with regard to the provision of
such benefits as Government may, by notification, specify in this behalf.
2. Definitions.— In this Ordinance, unless the context otherwise requires,
the following expressions shall have the meanings hereby respectively assigned
to them, that is to say—
(1) “appointed day” means in relation to any area,
class of persons, industries, establishments or benefits, the day on which this
Ordinance is applied to such area or in respect of such class of persons,
industries, establishments or benefits;
(2) “Chairman” means the Chairman of the Governing
Body;
(3) “Commissioner” means the Commissioner of the
institution;
(4) “confinement” means labour resulting in the
issue of a living child, or labour after twenty-six weeks of pregnancy
resulting in the issue of a child, whether alive or dead;
(5) “contribution” means the sum of money payable
to the institution by an employer in respect of an employee, [5][5][* * *] in accordance with the provisions of this
Ordinance;
(6) “dependent” means the wife or wives or a needy
invalid husband [6][6][, dependent parents] and any unmarried children under the
age of [7][7][twenty-one] years dependent upon the secured person [8][8][:]
(7) “disablement” means a condition caused by an
employment injury which, as certified by a medical practitioner authorised for
the purpose as provided in the regulations, has permanently reduced or is
likely to reduce permanently a secured person’s earning capacity, and
disablement shall be “minor” where the loss of earning capacity [10][10][is less than twenty per centum], “partial” where the loss
of earning capacity ranges from twenty-one per centum to sixty-six per centum,
and “total” where the loss of earning capacity is in excess of sixty-six per
centum;
[11][11][(7-a) “domestic servant” means any person working
whole-time in connection with the work of any household for any consideration,
whether in cash or in kind];
[12][12][(8) “employee” means
any person employed, whether directly or through any other person for wages or
otherwise to do any skilled or unskilled, supervisory, clerical, manual or
other work in, or in connection with the affairs of an industry or
establishment, under a contract of service or apprenticeship, whether written
or oral, expressed or implied but does not include—;]
(a) persons
in the service of the State, including members of the Armed Forces, Police
Force and Railway servants;
(b) persons
employed in any undertaking under the control of any Defence Organization or
Railway Administration;
(c) persons in the service of
a local council, a municipal committee, a cantonment board or any other local
authority;
(d) any person in the service
of his father, mother, wife, son or daughter, or of her husband;
[16][16][Provided that an employee shall not cease to be an employee
for the reason that his monthly wages exceed [17][17] [five thousand] rupees];
(9) “employer” means in the case of works executed
or undertakings carried on by any contractor or licensee on behalf of the
State, the contractor or licensee working for the State, and in every other
case the owner of the industry, business, undertaking or establishment in which
an employee works and includes any agent, manager or representative of the
owner;
(10) “employment injury” means a personal injury to
a secured person caused by an accident or by such occupational disease as may
be specified in the regulations, arising out of and in the course of his
employment;
(11) “establishment” means an organisation, whether
industrial, commercial, agricultural or otherwise;
(12) “Fund” means the Employees’ Social Security
Fund set up under section 3;
(13) “Governing
Body” means the Governing Body of the institution;
(15) “industry” means any business, trade,
undertaking, manufacture or calling of employers, and includes any calling,
service, employment, handicraft, industrial occupation or avocation of workmen;
(16) “Institution” means the Employees’ Social
Security institution established under section 3;
(17) “Medical Advisor” means the Medical Advisor
appointed under section 15;
(18) “medical board” means a board consisting of two
or more medical practitioners, appointed under section 17;
(19) “medical practitioner” means a person
practising medicine and having such qualifications as may be provided in the
regulations;
(20) “Member” means a member of the Governing Body;
(21) “prescribed” means prescribed by rules;
(22) “registered Trade Union” means a Trade Union
registered under the Trade Unions Act, 1926 (XVI of 1926);
(23) “regulations” means regulations made under
this Ordinance;
(24) “rules” means rules made under this Ordinance;
(25) “secured person” means a person in respect of
whom contributions are or were payable under this Ordinance;
[20][20] [(25a) “Self-Assessment Scheme” means a scheme of social
security benefits, effective from the Ist July, 2001, with no intervention
through checking by any staff member of the Institution, in respect of
employees secured under this Ordinance [21][21] [ * * * * ] and the employer undertakes to pay a
contribution in respect of them [22][22][at the fixed rate of two hundred ten rupees] per month per
secured employee;]
(26) “sickness” means a condition which requires
medical treatment or necessitates abstention from work on medical grounds;
(27) “Social Security Area” means an area to which
this Ordinance has been applied;
(28) “Social Security Court ”
means a court constituted under section 60:
(29) “strike” and “lock-out” shall have the same
meaning as is respectively assigned to them in the Industrial Disputes
Ordinance, 1959 (LVI of 1959);
(30) “wages” means remuneration for service paid or
payable in cash or in kind to a secured person, not being less than
remuneration based on the minimum rates of wage declared under the Minimum
Wages Ordinance, 1961 (XXXIX of 1961), without taking account of deductions for
any purpose, under a contract of service or apprenticeship, expressed or
implied, and shall be deemed to include any dearness allowance or other
addition in respect of the cost of living and any payment by the employer to a
secured person in respect of any period of authorised leave, illegal lock-out
or legal strike; but does not include—
(a) any payment for overtime;
or
(b) any
sum paid to the person employed to defray special expenses entailed by the
nature of his employment; or
(c) any gratuity payable on
discharge; or
(d) any sum paid as bonus by
the employer;
(31) “week” means a period of seven days commencing
at midnight of Sunday night.
CHAPTER
II
ORGANISATION
3. Establishment
and incorporation of Employees’ Social Security Institution.— (1) As soon as may be after the
commencement of this Ordinance, Government shall establish by notification an
institution to be called the Employees’ Social Security Institution.
(2) The Institution shall be a body
corporate having perpetual succession and a common seal, with power, subject to
the provisions of this Ordinance, to acquire, hold and dispose of property,
both movable and immovable, and shall by the aforesaid name sue and be sued.
(3) The institution shall have its own fund,
to be called the Employees’ Social Security Fund, and may incur out of the said
Fund such expenditure as may be necessary.
4. Management.— (1) The general direction and superintendence of the
affairs of the institution shall vest in a Governing Body which, with the
assistance of a Commissioner, may exercise all powers and do all acts and
things which may be exercised or done by the Institution.
(2) In discharging its functions, the
institution shall be guided by such instructions on questions of policy as may
be given to it from time to time by Government, which shall be the sole judge
as to whether any instructions are on a question of policy or not.
5. Governing Body.— (1) The Governing Body shall consist of the following
members to be appointed by Government, by notification, namely:-
[23][23][(a) the Minister-in-charge of the Labour
Department, Government of the Punjab, a person who is or has been a Judge of
the High Court, a senior officer in the service of Pakistan not below the rank
of a Commissioner of a Division or Secretary to Government, and such person
shall be the Chairman of the Governing Body];
(b) four
persons to represent Government, one each respectively from the departments of
Labour, Industries, Health and Finance;
(c) three
persons to represent employers;
(d) three
persons to represent secured persons;
(2) Members to be appointed under clause (c) or clause (d) of sub-section (1) shall respectively be chosen from a list of
names submitted in the prescribed manner by the organisations of employers and
employees recognised by Government for that purpose:
Provided that
pending the making of rules in this behalf, the first members to be so
appointed shall be chosen from such persons as Government may deem suitable.
(3) Subject to the other provisions of this
Ordinance a member shall hold office for three years from the date on which his
appointment is notified under sub-section (1).
6. Powers and functions of the Governing
Body.— In addition to the powers conferred
on, and the functions entrusted to it by the other provisions of this Ordinance
or by the rules, the Governing Body shall have powers—
(a) to
approve the budget estimates, the audited accounts and the annual report of the
Institution for submission to Government in accordance with the provisions of
this Ordinance; and
(b) to call for any information, or direct any
research to be made for the furtherance of the objects of this Ordinance.
7. Meetings of the Governing Body.— (1) The meetings of the Governing Body shall be held at
such times and at such places as may be provided by regulations, and until
regulations are made in this behalf, such meetings shall be convened by the
Chairman.
(2) To constitute a quorum at a meeting of
the Governing Body, the number of members present shall be five.
(3) Each member shall have one vote, and, in
the event of equality of votes, the Chairman shall have second or casting vote.
(4) The meetings of the Governing Body shall
be presided over by the Chairman, and in the absence of the Chairman, by the
person elected for the purpose by the members present from amongst themselves.
8. Authentication of orders, etc.— All orders and decisions of the Governing Body shall be
authenticated by the signature of the Chairman or of such other member as may
have been authorised by the Governing Body in writing for the purpose.
9. Supersession
of the Governing Body.— (1) If, in the opinion of Government, the Governing Body
has persistently failed to perform the duties imposed upon it by or under this
Ordinance, or has abused its powers, Government may, by notification, supersede
the Governing Body:
Provided
that before such supersession, Government shall give the Governing Body a
reasonable opportunity to show why it should not be superseded, and shall
consider any explanation or objection which it submits.
(2) Upon the publication of a notification
under subsection (1), the person holding office as Chairman and members shall
cease to hold such office.
(3) Immediately upon the supersession of a
Governing Body, Government shall constitute another Governing Body by
appointing new members in accordance with the provisions of section 5.
10. Fees and
allowances.— Members shall receive such fees and
allowances as may be prescribed.
11. Resignation.— A member, other than [25][25][an] ex-officio
member, may resign his office by notice in writing to Government, and his seat
shall fall vacant on the acceptance of the resignation.
12. Disqualifications.— (1) No person shall be or shall continue to be member, if
he—
(a) has
been convicted of an offence involving moral turpitude; or
(b) is
declared to be of unsound mind by a competent Court; or
(c) is
an undischarged insolvent; or
[27][27][(e) is a member of the staff of the Institution
other than the Commissioner and the Medical Adviser];
(f) has
any direct or indirect interest in a contract with, or in any work being done
for, the Institution, except as a shareholder (not being a Director) of a
company; or
(g) owes
to the Institution contributions to the extent specified in the regulations; or
(h) has
lost the capacity by virtue of which he was appointed as a member; or
(i) has
failed to attend more than one-third of the number of meetings of the Governing
Body held during any year.
(2) Government may, by order in writing,
remove the Chairman or a member, if he—
(a) refuses or fails to discharge or becomes, in
the opinion of Government, incapable of discharging his responsibilities under
this Ordinance; or
(b) has, in the opinion of Government, abused his
position as a member; or
(c) has
absented himself from three consecutive meetings of the Governing Body without
the leave of Government in the case of the Chairman, or of the Chairman in the
case of a member:
Provided
that before such removal, Government shall give the Chairman or the member, as
the case may be, a reasonable opportunity of showing cause as to why he should
not be removed, and shall consider any explanation or objection which he
submits.
13. Filling of
casual vacancies.— A member
appointed to fill a vacancy other than a full-term vacancy, shall hold office
for only so long as the member in whose place he is appointed would have been
entitled to hold office if the vacancy had not occurred.
14. Head Office.— The head Office of the Institution shall be at Lahore , but Government may, by notification, transfer it
to such other place as may be specified in such notification.
15. Medical
Advisor.— As soon as may be, Government shall
appoint a Medical Advisor having the prescribed qualifications.
16. Duties of
Medical Advisor.— The Medical
Advisor shall—
(a) advise the Governing Body on matters relating
to the administration of medical care and the prevention and treatment of
diseases among secured persons;
(b) perform such other duties in connection with
medical care as may be specified in the regulations.
17. Medical
practitioners and Medical Boards.—
(1) The Institution shall appoint Medical Practitioners and Medical Boards in
such Social Security areas and in such manner as may be provided by
regulations.
(2) The powers and functions of Medical
Practitioners and Medical Boards, and the fees and allowances to be paid to
such practitioners or the members of such boards, shall be such as may be
provided by regulations.
18. Commissioner and
Vice-Commissioner.—
(1) There shall be a Commissioner and a Vice-Commissioner of the Institution
both to be appointed by Government.
(2) The Commissioner shall—
(a) be the chief executive of the Institution and
shall act as Secretary to the Governing Body;
(b) be responsible to the Governing Body in
respect of all matters relating to the structure, administration and personnel
of the Institution; and
(c) have such powers regarding appointment,
transfer, promotion, dismissal and other matters affecting the staff of the
Institution as are provided for by regulations.
(3) The Vice-Commissioner shall perform the
duties of the Commissioner when the latter is absent or prevented from acting,
and the Commissioner may assign to the Vice-Commissioner the responsibility for
the direction of certain services or delegate to him any of his own powers
under this Ordinance, the rules and the regulations.
19. Officers and
staff of the Institution.—
The Governing Body may employ such officers and staff for the administration of
the affairs of the Institution as the regulations may provide.
CHAPTER
III
CONTRIBUTIONS
20. Amount and
payment of contributions.—
(1) Subject to the other provisions of this Chapter, the employer shall, in
respect of every employee, whether employed
by him directly or through any other person pay to the Institution a
contribution at such times, at such rate and subject to such conditions as may
be prescribed[28][28][:]
[29][29][Provided that no contribution shall be payable on so much
of an employee’s wages as is in excess of [30][30][two hundred rupees per day or five thousand rupees per
month.]]
[32][32][(3) The employer
shall not be entitled, to deduct [33][33][his own share of contribution] from the employee’s wages or
otherwise to recover from him any portion of the contribution, notwithstanding
any agreement to the contrary].
(5) For the purpose of determining the
amount of the contribution payable, daily wages shall be calculated in such
manner as may be provided by regulations.
(6) Where the mode of payment of
remuneration, whether in cash or in kind, makes it difficult to determine the
amount of wages for computing the contribution, the Commissioner may, subject
to regulations and in consultation with the representatives of employers and
employees, determine such wages.
(7) Any sum deducted from another employee’s
wages by the employer under this Ordinance shall be deemed to have been
entrusted to him for the purpose of paying the employee’s contribution in
respect of which it was deducted.
(8) In the case of construction work the
owner of the building shall guarantee the payment of contributions by the
contractors.
(9) In the case of works executed or
undertakings carried on behalf of the State by a contractor or licensee, the
competent public authority shall, before final settlement of the claims of the
contractor or licensee arising out of the contract, require the production of a
certificate from the Institution showing that the necessary contributions have
been paid, and in default of such certificate it shall deduct from the amount
otherwise payable in settlement of such claim, the appropriate amount of the
contributions payable, and pay such amount direct to the Institution.
[35][35][20A. Self-Assessment
Scheme.— (1) Notwithstanding anything contained
in this Ordinance, an employer who opts for the self-assessment scheme shall be
liable to pay to the Institution a contribution [36][36][of two hundred ten rupees] per month per secured employee.
(2) The liability of an employer to pay
contribution under the self-assessment scheme shall be in respect of those
employees who were secured under this Ordinance on the 30th June,
2001.
(3) Every employee secured under this
Ordinance in respect of whom the employer pays contribution shall be liable to
pay through the employer an amount of twenty rupees per month as his share to
the Institution.]
21. Records and
returns by employees.—
Every employer shall keep such records and shall submit to the Institution such
returns, at such times, in such form and containing such particulars relating
to persons employed by him, as may be provided in the regulations.
22. Officials of
Institution to check employer’s books.—
(1) Any official of the Institution duly authorised by a certificate in a form
specified in the regulations, may, for the purpose of inquiring into the
correctness of any of the particulars stated in the records or returns referred
to in section 21 or for the purpose of ascertaining whether any of the
provisions of this Ordinance have been complied with—
(a) require an employer to furnish to him such
information as he may consider necessary; or
(b) at any reasonable time enter any establishment
or other premises occupied by such employer and require any person found
incharge thereof to produce and allow him to examine such accounts, books and
other documents relating to the employment of persons and payment of wages, or
to furnish to him such information, as he may consider necessary; or
(c) examine, with respect to any matter relevant
to the purposes aforesaid, the employer, his agent or any person found in such
establishment or other premises, or any other person whom the said official has
reasonable cause to believe to be or to have been a secured person.
(2) The official referred to in sub-section
(1), shall be bound to secrecy as regards all matters with which he becomes
acquainted in the performance of his duties and which do not relate to matters
provided for in this Ordinance.
(3) If an employer fails to maintain records
or to submit returns as required by regulations, or otherwise fails to comply
with the provisions of sub-section (1) and thereby makes it difficult to
ascertain the identity of persons required to be secured or the amount of
contribution payable, the contribution shall be assessed on the basis of such
evidence as the Institution may find satisfactory for this purpose.
[37][37][(4) No staff member of the Institution shall visit the
premises of any establishment, opting for the Self-Assessment Scheme under
section 20A, for the purpose of checking of employer’s books, record, etc.,
during the period [38][38][of two years].]
[39][39][(5) The number of annual inspections in respect of those
establishments which do not opt for self-assessment scheme shall be restricted
to only one which shall be notified to the establishments in advance and shall,
at the maximum, be restricted to last two years.]
23. Increase of
unpaid contributions and recovery of contributions, etc., as arrears of land
revenue.— (1) If any employer fails to pay,
on the due date, the contributions payable by him under sub-section (1) of
section 20, the amount so payable by him shall be increased by such percentage
or amount as may be prescribed:
Provided
that in no case shall such increase exceed fifty per centum of the amount due:
Provided
further that no part of such increase shall be payable by, or the liability to
pay the same be passed on by the employer to his employees.
(2) Without prejudice to any other remedy,
the amount of the contributions due, together with the increase provided for
under sub-section (1), may be recovered as arrears of land-revenue.
24. Safeguard
of secured persons’ rights in default of payment of contributions by employer.— In the event of default in payment of
contributions by the employer in respect of a secured person, such secured
person shall, unless he has connived at such default, have and enjoy the same
rights under this Ordinance as if no such default had occurred.
25. Return of
contributions paid erroneously.—
[40][40][An] employer shall be entitled to the refund to any
contribution paid to the institution under the erroneous belief that it was
payable [41][41][* * *] under the provisions of this Ordinance, and shall be
entitled to the refund of the excess amount of the contribution where such
contribution had been paid at a higher rate than the rate prescribed:
Provided
that where a contribution was paid under the erroneous belief that a person was
a secured person, any sum paid to such person or his dependents by way of
benefits shall, in so far as possible, be deducted from the amount of such
refund:
Provided
further that no contribution or excess amount of any contribution shall be
refunded unless an application for such refund is made within six months of the
date on which the contribution was paid.
26. Increase of
contributions where safety rules not observed.— If an employer fails to observe rules of safety or hygiene
prescribed by or under any enactment applicable to his establishment, the
Commissioner may, subject to rules, by order in writing, increase the
employer’s rate of contribution provided that such increase shall not exceed
twenty per centum of the contribution otherwise payable.
27. Extinguishment
of claims to contributions.—
Any claim of the Institution for unpaid contributions shall be extinguished in
the manner provided in the regulations.
CHAPTER
IV
FINANCE
AND AUDIT
28. Employees’
Social Security Fund.—
(1) All contributions paid under this Ordinance, and all other moneys received
by or on behalf of the Institution shall be paid into the Fund, which shall be
held and administered by the Institution for the purposes of this Ordinance.
(2) The Institution may accept grants,
donations and gifts from any Government or from a local authority or other body
for all or any of the purposes of this Ordinance.
(3) All moneys accruing or payable to the
Fund shall be paid into such scheduled bank as may be approved by the Governing
Body, or to any office of the Institution.
(4) The Institution shall maintain separate
accounts for administrative expenses, and for such branches of social security
and such other purposes as may be prescribed.
29. Security
reserves.— The Institution shall establish and
maintain reserves in connection with the branches of social security prescribed
in accordance with sub-section (4) of section 28 at such times, upto such
amounts, and in such manner as may be prescribed.
30. Investments and
loans.— (1) Subject to rules, the
Institution may, from time to time, invest any moneys which are not immediately
required for payments under this Ordinance, and may reinvest or realise such
investments.
(2) The Institution may, with the previous
sanction of Government and on such terms as it may specify raise loans and take
measures for discharging such loans.
31. Budget.— (1) The Institution shall, before such
date and in such manner as may be prescribed, draw up estimates for the ensuing
year of—
(a) the administrative expenses of the
Institution;
(b) the expenditure to be incurred under each of
the branches of social security and other purposes for which separate accounts
are prescribed in accordance with sub-section (4) of section 28; and
(c) the income of the Institution from
contributions, the special tax payable under section 70, and other sources, if
any.
(2) The Institution shall allocate the
estimated income from the special tax towards meeting capital expenditure in
accordance with sub-section (3) of section 70, and after allocating sufficient
of the estimated income from contributions and other sources, if any, to cover
the estimated administrative expenses, shall allocate the remainder of such
estimated income among the branches of social security and other purposes
referred to in clause (b) of
sub-section (1).
(3) Such estimates and allocations shall,
before such date as may be prescribed be submitted to Government and, when
approved by it, shall constitute the budget of the Institution for the ensuing
year.
(4) If Government has not approved such
estimates and allocations, with or without amendments, within thirty days of
their submission or before the commencement of the financial year to which such
estimates relate, whichever is the later, its approval shall be deemed to have
been given and the estimates and allocations as submitted shall constitute the
budget of the Institution for the financial year to which they relate.
(5) If it appears that expenditure under any
budget head is likely to exceed the budget provision under such head, the
Governing Body may increase such budget provision by transferring thereto from
any other budget head, any amounts not required or not expected to be required
or not under such head:
Provided
that no such transfer shall be made to the budget heads for either
administrative expenses or the provision of medical care without the prior
approval of Government.
(6) If, notwithstanding the application of
the provisions of sub-section (5), it appears that expenditure under any budget
head is likely to exceed the corresponding budget provision, or that income
under any budget head is likely to fall short of the corresponding budget
provision, the expected excess or deficiency, as the case may be, shall be
reported to Government, who shall take such action, if any, as may seem
appropriate:
Provided
that no payment to which a claimant is entitled under this Ordinance shall be
withheld pending such action.
32. Accounts and
Audit.— (1) The Institution shall maintain
accounts of its income and expenditure and of its assets and liabilities in
such form and manner as may be prescribed.
(2) The Institution shall appoint an
internal auditor who shall perform such duties and exercise such powers as may
be provided by regulations.
(3) The accounts of the Institution shall be
audited by an external auditor appointed by Government, at such times and in
such manner as may be prescribed.
(4) The external auditor shall have access
to the books, accounts and other documents of the Institution at all reasonable
times, and may call for such explanations and information as he may require, or
examine any officer of the Institution.
(5) The external auditor shall forward his
report to Government together with an audited copy of the accounts of the
Institution.
33. Annual Reports.— (1) The Institution shall, within six months after the
closing of a financial year, submit to Government an annual report of its work
and activities during that financial year, and such report shall cover such
matters as may be prescribed.
(2) The annual report, together with the
audited accounts of the Institution, shall be published and copies thereof
shall be made available for sale to the public.
34. Valuation of
assets and liabilities.—
The Institution shall, at intervals of not more than five years, have an
actuarial valuation made of its assets and liabilities:
Provided
that Government may direct a valuation to be made at such other times as it may
consider necessary.
CHAPTER
V
BENEFITS
35. Sickness
benefit.— (1) A secured
person who is certified, by a medical practitioner authorised by the
Institution in the manner provided in the regulations to give such a
certificate, to be incapable of attending to his work on account of sickness
shall, subject to regulations, be entitled to receive sickness benefit at such
rate as may be fixed by Government by notification, in consultation with the
Institution, if during the six calendar months immediately preceding the date
on which his incapacity or work was so certified, contributions in respect of
him were paid or payable for not less than ninety days.
[42][42][(2) A secured person shall be entitled to receive sickness
benefits throughout the period of sickness:
Provided
that during a continuous period of three hundred and sixty-five days such
benefit shall not be allowed for a period exceeding—
[43][43][(a) three hundred and sixty-five days, in case he
has been suffering from Tuberculosis or Cancer which render an employee
incapable to earn his livelihood]; and
(b) one
hundred and twenty-one days, in case he has been suffering from any other
disease:
Provided
further that he shall not be entitled to receive such benefit for the first two
days of his sickness if such sickness does not, within fifteen days, follow the
previous period of sickness for which he received or was entitled to receive
such benefit.]
36. Maternity
benefit.— A secured woman shall, subject to
regulations be entitled to receive maternity benefit at such rate as may be
fixed by Government by notification, in consultation with the Institution, if
contributions in respect of her were paid or payable for not less than one hundred
and eighty days during the twelve calendar months immediately preceding the
expected date of her confinement as certified by a medical practitioner
authorised by the Institution in the manner provided in the regulations to give
such a certificate, and such benefit shall be paid for all days on which she
does not work for remuneration during a period of twelve weeks, of which not
more than six weeks shall precede the expected date of confinement.
37. Death
grant.— [44][44][(1)] On the death of secured person receiving or
entitled to receive injury benefit, sickness or medical care at the time of his
death, the surviving widows or needy widower, or if there be no surviving
widow, widows or needy widower, the person who provided for the funeral, shall,
subject to regulations, be entitled to a death grant equal to the daily rate of
sickness benefit multiplied by thirty, but in no case less than [45][45][one thousand and five hundred] rupees.
[46][46][(2) Where husband
of a secured woman dies, she shall, subject to regulations, be entitled to
receive iddat benefit equal to the
daily rate of her wages during the period of her iddat:
Provided
that a secured woman being a seasonal employee shall be entitled to receive iddat benefit in the same manner and to
the same extent notwithstanding termination of seasonal employment during the
period of iddat:
Provided
further that no employer shall refuse leave for the period of iddat and such leave shall not be
accounted towards leave provided under any other law for the time being in
force.]
38. Medical care
during sickness and maternity.— [47][47][(1) A secured person and his dependents shall be entitled
to medical care in the manner and to the extent provided in the regulations.]
(2) A secured woman shall subject to
regulations, be entitled to prenatal confinement and post-natal medical care,
if she is entitled to maternity benefit under section 36 or if, during six
calendar months immediately preceding her claim, contributions in respect of
her were paid or payable for not less than ninety days.
[48][48][38-A. Medical care of dependents, etc.— Where a secured person dies other than due to any
employment injury, his dependents shall, subject to regulations, be entitled to
medical care for one year from the date of death of the secured person:
Provided
that the deceased secured person had been in continuous employment of an
establishment for not less than twelve months immediately preceding his death:
Provided
further that where the deceased secured person was a seasonal employee, his
dependents shall be entitled to medical care for six months from the date of
death of such secured person:
Provided
also that the deceased had been in employment of an establishment for not less
than six months during two continuous seasons immediately preceding his death.]
39. Injury
benefits.— A secured
person shall, subject to regulations, be entitled to receive injury benefit at
such rate as may be fixed by Government by notification, in consultation with
the Institution, in respect of any day
[49][49][* * *] including the day on which, as a result of an employment injury, he is certified by a medical practitioner authorised by the Institution in the manner provided in the regulations to give such a certificate to be incapable of work, but for not more than one hundred and eighty days.
[49][49][* * *] including the day on which, as a result of an employment injury, he is certified by a medical practitioner authorised by the Institution in the manner provided in the regulations to give such a certificate to be incapable of work, but for not more than one hundred and eighty days.
40. Disablement
pension.— (1) A secured
person who sustains total or partial disablement shall, subject to regulations,
be entitled, upon the expiration of his entitlement to injury benefit, to
receive disablement pension, according to the degree of disablement determined
from time to time, at such rates for different degrees of disablement as may be
fixed by Government by notification, in consultation with the Institution.
(2) Disablement pension shall terminate with
the death of the recipient or when disablement ceases, or ceases to be total or
partial disablement:
Provided
that if a disablement pension has been paid for five years it shall be payable
for life.
41. Disablement
gratuity.— (1) A secured
person who sustains minor disablement shall, subject to regulations, be
entitled to a disablement gratuity at such rates for different degrees of
disablement as may be fixed by Government by notification, in consultation with
the Institution.
(2) Where a person receiving disablement
pension ceases to suffer from total or partial disablement but continues to
suffer from minor disablement he shall, on the termination of his disablement
pension, be entitled to disablement gratuity under this section.
42. Survivor’s
Pension.— (1) Where a
secured person dies as a result of an employment injury, a survivor’s pension
shall, subject to regulations, be payable to each of his dependents as follows,
that is to say—
(a) to the widow, widows, or needy widower, during
life, at a rate equal to three-fifths of the rate of total disablement pension
to which the secured person was, or would have been entitled, and where there
are two or more widows, the pension shall be divided equally between them;
(b) to each dependent child, at a rate equal to
one-fifth of the rate of such total disablement pension:
Provided
that if the child is a full orphan, the rate shall be two-fifths of the rate of
the total disablement pension:
Provided
further that if and so long as the total of the survivor’s pensions would
otherwise exceed the rate of such total disablement pension, the pension of
each of the survivors shall be reduced proportionately so that the total
pensions payable to them does not exceed the rate of the said total disablement
pension.
(2) In case the deceased person does not
leave a widow, or needy widower, a survivor’s pension shall be payable for life
to a dependent father, if he be alive, and if he be not alive, to a dependent
mother, if she be alive, at a rate equal to one-fifth of the rate of the total
disablement pension to which the secured person was or would have been
entitled.
[50][50][(2-A) In case the
deceased person does not leave a dependent, a survivor’s pension shall be
payable for life to a dependent father if he be alive, and if he be not alive,
to a dependent mother, if she be alive and if she be not alive, to dependent
brothers and sisters in equal shares, at a rate equal to one half of the rate
of total disablement pension to which the secured person was or would have been
entitled.]
(3) Survivor’s pension shall be payable upon
the death of the secured person and shall terminate—
(a) upon
the death of the survivor; or
(b) where
the survivor is a widow, upon her remarriage; or
(i) on
attaining the age of nineteen years, in case of a female child; and
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