1THE PUNJAB EMPLOYEES SPECIAL ALLOWANCE (PAYMENT) ACT, 1988
(II of 1989)
[5th January, 1989]
An
Act
to provide for payment
of a Special Allowance to employees.
Preamble.— WHEREAS it is expedient to provide for payment of a Special Allowance to
employees and for matters ancillary thereto, in the manner hereinafter
appearing;
It is hereby enacted as follows:—
1. Short title, extent and commencement.— (1) This Act may be called the Punjab Employees Special Allowance
(Payment) Act, 1988.
(2) It shall extend to the whole of the Punjab.
(3) It shall come into force at once and shall be deemed to have
taken effect on and from the first day of May, 1988.
2. Definitions.— In this Act unless there is anything repugnant to the subject or
context:
(a) “employee” means any person employed, whether directly or
through or by any other person for wages, to do any skilled or unskilled, intellectual,
technical, clerical, manual or other work in, or in connection with the affairs
of, an undertaking, under any contract of service or apprenticeship, whether
written or oral, express or implied and includes such a person when laid off;
(b) “employer” in relation to an undertaking means any person who
employs, either directly or through or by any other person, any employees, and
includes—
(i) a body of persons, whether incorporated or not;
(ii) a person who has ultimate control over the affairs of an
undertaking, including
the owner of the undertaking or where the affairs of any
undertaking are
entrusted to any other person (whether called a Managing Agent,
Director,
Manager, Agent, Superintendent, Secretary, Representative of the
owner or by
any other name), such other person, or in any other case, any
person
responsible to the owner for supervision and control of an
employee or for
payment of his wages; and
(iii) an heir, successor, administrator or 2[assignee], as the case may
be, of
such person or association of persons;
(c) “Government” means the Government of the Punjab;
1 This Act was passed by the
Punjab Assembly on 28th December, 1988; assented to by the Governor of the
Punjab on 31st December,
1988; and, was published in the Punjab Gazette (Extraordinary),
dated 5th January, 1989, Pages 21-24.
2 Misprinted in the Gazette as “assign”.
(d) “Special Allowance” means an amount payable under the
provisions of this Act;
(e) “Undertaking” means—
(i) an establishment to which the West Pakistan Shops and
Establishments
Ordinance, 1969, for the time being applies, and notwithstanding
anything
contained in section 5 thereof, includes Clubs, Hotels and Messes
not
maintained for profit or gain and establishment for the treatment
or care of
the sick, infirm and destitute or mentally unfit persons;
(ii) a construction industry to which the West Pakistan Industrial
and
Commercial Employment (Standing Orders) Ordinance, 1968, for the
time
being applies;
(iii) a factory as defined in the Factories Act, 1934;
(iv) a mine as defined in the Mines Act, 1923;
(v) a Road Transport Service as defined in the Road Transport
Workers
Ordinance, 1961; and
(vi) a newspaper establishment as defined in the Newspaper
Employees
(Conditions of Service) Act, 1973; and includes any class of
establishments which Government may by notification in the Official Gazette,
declare to be undertakings for the purposes of this 3[Act];
(f) “wages” means remuneration for services, payable in cash to an
employee
without taking account of deductions for any purpose, under a
contract of service
or apprenticeship, written, oral, express or implied and includes
any dearness
allowance or other addition in respect of the cost of living
payable under any law
for the time being in force; but does not include:—
(i) any payment for overtime; or
(ii) any sum paid to an employee to defray special expenses
entailed by the
nature of his employment; or
(iii) contribution of Provident Fund; or
(iv) any gratuity payable on discharge; or
(v) any sum paid as bonus, house rent, medical allowance,
conveyance
allowance, travelling allowance or any other allowance.
3. Special Allowance.— Every employee whose wages, in respect of his employment on or
after the 1st day of May, 1988 does not exceed one thousand four hundred and
fifty rupees shall with effect from the said date be paid by his employer a
Special Allowance—
(a) equal to fifty rupees per month, if his wages do not exceed
one thousand four
hundred and fifty rupees; or
(b) at such rate as, together with his wages, makes a total of one
thousand and five hundred rupees per month if his wages are more than one
thousand four
hundred and fifty rupees.
4. Further Special Allowance.— Every employee whose wages, in respect of his employment on or
after the 1st day of July, 1988 does not exceed one thousand three hundred
3 Misprinted in the Gazette as “Ordinance”.
and fifty rupees shall, with effect from the said date, in
addition to the Special Allowance under Section 3, be paid by his employer a
Special Allowance—
(a) equal to one hundred rupees per month, if his wages do not
exceed one
thousand three hundred and fifty rupees; or
(b) at such rate as, together with his wages, makes a total of one
thousand and five hundred rupees per month if his wages are more than one
thousand three
hundred and fifty rupees.
4[4-A. Special Allowance.— Every employee whose wages, in respect of his employment on or
after the first day of May, 1990 do not exceed two thousand nine hundred rupees
shall, with effect from the said date, be paid by his employer a special
allowance—
(a) equal to one hundred rupees per month, if his wages do not
exceed two
thousand nine hundred rupees; or
(b) at such rate as, together with his wages, makes a total of
three thousand rupees per month if his wages are more than two thousand nine
hundred rupees.]
5[4B. Additional Special Allowance.— Every employee shall with effect from the first day of December,
1990 be paid by his employer an additional special allowance equal to two
hundred rupees per month:
Provided that the allowance paid to an employee under section 4B
of the Act as the said section stood before the coming into force of the Punjab
Employees Special Allowance (Payment) (Amendment) Ordinance, 1991 (XXX of 1991)
shall operate as set off against the allowance admissible under this Section.]
5. Responsibility for payment of Special
Allowance.— Every employer shall be responsible
for the payment of the Special Allowance required to be paid under this Act.
6. Time for payment of Special Allowance.— The Special Allowance shall be paid alongwith wages in accordance
with any custom, usage, practice or law applicable to the undertaking.
7. Claim for recovery or delay in payment of
Special Allowance.— Where contrary to the
provisions of this Act, the Special Allowance of any employee has been withheld
or delayed, such worker himself or through any other person authorised by him
in this behalf may apply—
(a) in the case of an establishment to which the West Pakistan
Shops and
Establishments Ordinance, 1969, for the time being applies, to the
authority
appointed under sub-section (1) of Section 12 thereof having
jurisdiction and the
provisions of the said Section and Sections 11, 13, 21, 23, 30 and
32 of that
Ordinance shall, so far as may be and with necessary modifications,
apply for the
purposes of recovery of the Special Allowance; and
4 Added by the Punjab Employees
Special Allowance (Payment) (Amendment) Act, 1991 (IV of 1991), s.2; and
published in the Gazette of
Punjab (Extraordinary), dated 16.3.1991.
5 Substituted by the Punjab
Employees Special Allowance (Payment) (Amendment) Act, 1992 (III of 1992),
w.e.f. 4.6.1992, s. 2; and
published in the Punjab Gazette (Extraordinary), pages 2903-I to
2903-J.
(b) in any other case, to the authority appointed under sub-section
(1) of Section 15 of the Payment of Wages Act, 1936, having jurisdiction and
the provisions of the said Section and Sections 6, 16, 17, 18, 19, 22, 23 and
26 of the said Act shall so far as may be and with necessary modifications,
apply for the purposes of recovery of the Special Allowance.
8. Special Allowance not to form part of
wages.— Notwithstanding anything
contained in this Act or any other law for the time being in force, the Special
Allowance under Sections 3, 4 and 4A shall not form part of the wages of a
worker for the purposes of any other law, including the purposes of
contribution to provident fund, gratuity, bonus and calculating wages for
overtime work.
9. Penalty.— Any employer who contravenes any provision of the Act shall be
punishable with simple imprisonment for a term which may extend to nine months,
or with fine which may extend to two thousand rupees, or with both.
10. Cognizance of offenses.— No court shall take cognizance of any offence under this Act save
on a complaint made by an aggrieved employee or by an officer of a registered
trade union of which such employee is a member, or by any person authorised in
this behalf by Government.
11. Repeal.— The Punjab Employees Special Allowance (Payment) (Second)
Ordinance, 1988 (IV of 1988) and the Punjab Employees Special Allowance
(Payment) (Amendment) Ordinance, 1988 (V of 1988) are hereby repealed.
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