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THE WORKERS WELFARE FUND ORDINANCE, 1971

CONTENTS

CHAPTER IPRELIMINARY

1. Short titl, !t"t #"$ %o&&"%&"t2. D'i"itio"(

CHAPTER IICONSTITUTION OF WORKERS WELFARE FUND

3. Co"(tit)tio" o' Wor*r(+ Wl'#r F)"$4. Mo$ o' #-&"t .-, #"$ r%o/r- 'ro&, i"$)(tri#l (t#.li(h&"t(

0A2 P#-&"t o' ')rthr #&o)"t5. Li#.ilit- to . $i(%h#r3$ .- %rt#i" r(o"(6. P)ro(( to 4hi%h &o"-( i" th F)"$ - . #li$

CHAPTER III5O6ERNIN5 ODY

7. Co"(tit)tio" o' th 5o/r"i"3 o$-8. Aoi"t&"t o' S%rt#r- #"$ othr &lo-( o' th F)"$9. 5o/r"i"3 o$- to l#- $o4" ro%$)r, t%10. F)"%tio"( o' th 5o/r"i"3 o$-

18A2 6(ti"3 o' &o"- #llo%#t$ 'ro& th F)"$

11. M#i"t"#"% o' .oo*( o' #%%o)"t, t%

CHAPTER IIIAWORKERS WELFARE OARDS

11A2 Co"(tit)tio" o' Wor*r( Wl'#r o#r$(112 o#r$ to . # .o$- %oror#t, t%11C2 Po4r(, t%2, o' th o#r$11D2 R%o/r- o' r"t11E2 E/i%tio"11F2 Fi"#lit- o' or$r

CHAPTER I6MISCELLANEOUS

12. Dl3#tio" o' o4r(13. Po4r to r&it or r$)% #&o)"t $)14. Prot%tio" o' r(o"( #%ti"3 )"$r thi( Or$i"#"%15. Po4r to * r)l(16. E!&tio" 'ro& t#!(

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TET

THE WORKERS WELFARE FUND ORDINANCE, 19711

:6I OF 1971;

[9th

December, 1971]AN

ORDINANCE

to provide for the establishment of a Workers Welfare Fund

Whereas it is expedient to provide for the establishment of a Workers Welfare Fund, forproviding residential accommodation and other facilities for workers and for matters connectedtherewith or incidental thereto;

Now, therefore, in pursuance of the Proclamation of the 25th da of !arch "#$#, readwith the Provincial %onstitution &rder, and in exercise of all powers enabling him in that behalf,the President is pleased to make and promulgate the following &rdinance '(

CHAPTER IPRELIMINARY

12 Short titl, !t"t #"$ %o&&"%&"t2< )"* +his &rdinance ma be called theWorkers Welfare Fund &rdinance, "#"-

)2* .t extends to the whole of Pakistan-

)/* .t shall come into force at once-

=2 D'i"itio"(2< .n this &rdinance, unless there is anthing repugnant in the sub0ect orcontext,

21 3

)b* 4&lo-r4 has the same meaning as in section 2 of the .ndustrial elations&rdinance, /12662 )7%. of 2662*3;

)c* 4F)"$4 means the Workers Welfare Fund constituted under section /;

)d* 45o/r"i"3 o$-4 means the 8overning 9od of the Fund constituted undersection ;

:1 3

)f* 4i"$)(tri#l (t#.li(h&"t4 means(

)i* an concern owning or managing a factor, workshop or other establishmentin which articles are produced, adapted or manufactured with the aid of electrical,mechanical, thermal, nuclear or an other form of energ transmittedmechanicall and not generated b human or animal agenc;

)ii* an concern working a mine or uarr or natural gas or oilfield;

51)iii* an concern running a public transport service3;

18aecember "", "#"-2&mitted %l- )a* b &rd- 77?.. of "#@", s- / A 2nd Bch-3Bubs- for figure 4"#$#4, and in the margin words A figure subs- for 477... of "#$#4 b the Finance Act, 2! "Act ### of 2!$, s- "2)2*)a*)i* A)ii*; 8a

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)iv* an concern engaged in the carriage of men and goods b inland mechanicallpropelled vessels;

$)iva* an establishment, to which the West Pakistan Bhops and =stablishment&rdinance, "#$# )W-P- &rdinance No-?... of "#$#*, for the time being applies;

)v* an concern engaged in the growing of tea, coffee, rubber or cinchona; and)vi* an other concern or establishment which the 1Federal 8overnment3 ma,

b notification in the &fficial 8a

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)b* such mones as ma, from time to time, be paid b the industrial establishmentsunder section : ":1and section :(E3'

"51)bb* the amount transferred to the Fund from time to time, under clause )d* ofparagraph : of the scheme set out in the Bchedule to the %ompanies Profit)Workers Participation* Ect, "#$@ )7.. of "#$@*3-

)c* voluntar contributions in the shape of mone or building, land or other propertmade to it from time to time b an 8overnment or b an person; "$

)d* income from the investments made and properties and assets acuired fromout of the Fund, "1and3

"@1)e* proceeds of loans raised b the 8overning 9od-3

02 Mo$ o' #-&"t .-, #"$ r%o/r- 'ro&, i"$)(tri#l (t#.li(h&"t(2< )"* =verindustrial establishment, the total income of which in an ear of account commencing on orafter the date specified b the "#1Federal 8overnment3 in the &fficial 8a

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)$* En amount paid b an industrial establishment under sub(section )/* which isfound, on the basis of an order in appeal or revision under the 21&rdinance3, to have been paidin excess shall be refunded to it b the 2@1+axation &fficer3-

)* +he pament made b an industrial establishment to the Fund under sub(section)"* shall be treated as expenditure for purposes of assessment income(tax-

)@* Where an industrial establishment fails to pa the amount due from it asreuired under this section, it shall without pre0udice to an other liabilit to which it ma besub0ect under this &rdinance or an other law, be liable to pa an additional amount 2#1as perprovisions of the &rdinance, relating to the mode and time of recover of the income tax3-

)#* +he provisions of /61the &rdinance3, relating to the mode and time of recover ofthe income(tax leviable under the &rdinance shall, so far as ma be, appl to the recover ofthe amount due under sub(section )"*-

/"1)"6* .ndustrial establishment ma file an appeal against an order passed b +axation&fficer or the %ommissioner as the case ma be under the &rdinance before the

%ommissioner )Eppeal* appointed under the &rdinance-3?=>0A2P#-&"t o' ')rthr #&o)"t2< )"* =ver industrial establishment referred to in sub(section )"* of section : shall, in addition to the amount paable b it under that sub(section inrespect of an ear of account, pa such amount as the //1Federal 8overnment3 madetermine on the recommendation of a committee appointed under sub(section )2* thereafterin this section referred to as the committee-

)2* For the purposes of sub(section )"*, the Provincial 8overnment ma appoint oneor more committees in the Province and, where it appoints more than one committee, shallspecif the area or class of industrial establishments in relation to which each such committeeshall perform its functions-

)/* E committee appointed under sub(section )2* shall consist of an officer of theProvincial 8overnment who shall be its %hairman and not more than five other members to beappointed b the Provincial 8overnment of whom(

)a* not less than two shall be appointed from amongst the emploers in the Provinceor, as the case ma be, in the area or class of industrial establishments inrelation to which the committee is to perform its functions; and

)b* not less than two shall be appointed from amongst the workers in the Provinceor, as the case ma be, in the area or class of industrial establishments inrelation to which the committee is to perform its functions-

):* +he %ommittee shall examine the financial and other circumstances of each ofthe industrial establishments and make recommendations as to the further amount, if an, tobe paid b such establishment in addition to the amount paable b it under sub(section )"* ofsection :-

27Bubs for 4Ect4, ibid-28Bubs- for words 4.ncome(+ax &fficer4 wherever occurring b the Finance Act, 2! "Act ### of 2!$, s- "2)"*; 8a

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)5* +he committee shall submit its recommendations to the Provincial 8overnment

who shall forward them, together with its own observations, if an, to the //1Federal8overnment3-

)$* +he committee shall have power to ask an industrial establishment to furnish

such information as it ma consider necessar for the performance of its functions under sub(section ):*-

)* .f an industrial establishment fails to furnish the reuired information under sub(section )$* the committee shall make its recommendations under sub(section ):* on the basisof such information as ma be available to it-

)@* +he provisions of section : shall, so far as ma be, appl to an amount paableunder sub(section )"* as if it were an amount paable under sub(section )"* of that section3-

@2 Li#.ilit- to . $i(%h#r3$ .- %rt#i" r(o"(2< En liabilit imposed on an industrialestablishment b this &rdinance shall be deemed to be the liabilit of the person who is liableto pa income(tax in respect of the income relatable to such industrial establishment-

2 P)ro(( to 4hi%h &o"-( i" th F)"$ - . #li$2< !ones in the Fund shallbe applied to(

)a* the financing of pro0ects connected with the establishment of housing estates orconstruction of houses for the workers;

/:1)b* the financing of other welfare measures including education training, re(skillingand apprenticeship for the welfare of the workers;3

)c* the meeting of expenditure in respect of the cost of management andadministration of the Fund;

)d* the repament of loans raised b the 8overning 9od; and/51)e* investment in government, government guarantees, non(government securities

and eal =state,3

CHAPTER III5O6ERNIN5 ODY

72 Co"(tit)tio" o' th 5o/r"i"3 o$-2< )"* Es soon as ma be after thecommencement of this &rdinance the /$1Federal 8overnment3 shall, b notification in the&fficial 8a

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)c* at least one from each Province shall be appointed from amongst the emploers3-

)/* +he members of the 8overning 9od other than the %hairman shall hold officefor such period and on such terms and conditions as ma be prescribed-

):* No act or proceedings of the 8overning 9od shall be invalid b reason onl of

the existence of a vacanc in, or defect in the constitution of, the 8overning 9od-B2 Aoi"t&"t o' S%rt#r- #"$ othr &lo-( o' th F)"$2< )"* +he 8overning

9od ma, with the previous approval of the /$1Federal 8overnment3, appoint a Becretar whoshall be the executive officer of the Fund-

)2* +he 8overning 9od ma appoint such other emploees as it ma considernecessar for the efficient performance of the functions of Fund-

)/* +he 8overning 9od shall determine the terms and conditions of service of the

Becretar and the emploees with the previous approval of the 11Federal 8overnment3-

):* +he Becretar and ever emploee shall be deemed to be a public servant within

the meaning of section 2" of the Pakistan Penal %ode )Ect 7D? of "@$6*-

92 5o/r"i"3 o$- to l#- $o4" ro%$)r, t%2< Es soon as ma be after it has beenconstituted, the 8overning 9od shall, with the previous approval of the /@1Federal8overnment3, la down the procedure for making applications for grants from the Fund, theinformation to be furnished in such applications and the principles to be followed b the8overning 9od in the distribution of allocation from the Fund, including priorities as betweenrespective applications for grants-

182 F)"%tio"( o' th 5o/r"i"3 o$-2< +he functions of the 8overning 9od shall be(

)a* to allocate funds, in accordance with the principles laid down under section #, to

the Provincial 8overnments, an agenc of the /@1Federal 8overnment3 and anbod corporate for an of the purposes mentioned in clauses )a* and )b* ofsection $;

)b* to sanction expenditure in respect of the administration and management of theFund;

/#1)c* investment in government, government guarantees, non(government securitiesand real estate3;

:61)ca* to dispose of the moveable and immoveable propert of WorkersI Welfare Fundand WorkersI Welfare 9oards;3

)d* to raise loans and to take measures for discharging such loans;

)e* to do or cause to be done all acts and things necessar or desirable for theproper administration of the Fund; and

)f* to do or cause to be done all things ancillar or incidental to an of the aforesaidfunctions-

01>18A2 6(ti"3 o' &o"- #llo%#t$ 'ro& th F)"$2< En mone allocated under clause)a* of section "6 shall be a grant(in(aid and shall vest in the 8overnment, agenc or bod

38Bubs for 4%entral 8overnment4 b Ect 7? of "#:, s- 2-39

Bubs- for the original clause )c* b the Finance Act, 2! "Act ### of 2!$, s- "2)5*)a*; 8a

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corporate, to whom it is allocated under that clause, but it shall not be applied to an purposeother than that for which it is allocated, or permitted b the 8overning 9od-3

112 M#i"t"#"% o' .oo*( o' #%%o)"t, t%2< +he 8overning 9od shall(

)a* cause to be maintained such books of account as ma be prescribed;

)b* cause to be prepared in the prescribed manner an annual statement of account;

)c* cause the accounts of the Fund to be audited annuall b :21the Euditor(8eneralof Pakistan or3 an auditor who is a chartered accountant within the meaning ofthe %hartered Eccountants &rdinance,"#$" )7 of "#$"*; and

)d* submit to the :/1Federal 8overnment3 the statement referred to in clause )b*together with the report of the auditor thereon-

CHAPTER IIIA::

WORKERS WELFARE OARDS

11A2 Co"(tit)tio" o' Wor*r( Wl'#r o#r$(2< )"* Where an allocation is made from the

Fund to a Provincial 8overnment, an agenc of the Federal 8overnment, hereafter in this%hapter referred to as the agenc, or a bod corporate under clause )a* of section "6, suchProvincial 8overnment, agenc or, as the case ma be, bod corporate ma, b notification inthe &fficial 8aeptt, Bind* and # members %onstituted- Noti- B& )D(..*(.)25#* 6, Cune, "#:, Bind 8ovt 8a< Pt-., Cune 26, "#:, p- #2:-)c* N2W2F2P2Workers Welfare 9oard consisting of a %hairman )Becretar Dabour >epartment* and nine other members constituted Noti,B&D(.. )!isc "$K: of Epril 2, "#:, N-W-F-P- 8ovt- 8a< Pt- ., !a #, "#5, p-/2$-

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it having perpetual succession and a common seal with power, sub0ect to the provision of this&rdinance to contract, acuire, hold and dispose of propert, both movable and immovable,and shall be the said name sue or be sued-

)2* +he head office of the 9oard shall be at such place as the Provincial8overnment, agenc or, as the case ma be, bod corporate constituting the 9oard ma, bnotification in the &fficial 8a;)c* have the power to evict an person from such a house in the manner laid down in

section ""(=;

)d* have the power to do an other thing necessar for, connected with, orincidental to, the discharge of its functions under this &rdinance or the rules orscheme made thereunder;

)e* get its accounts annuall audited in the prescribed manner; and

)f* b notification in the official 8a

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11D2 R%o/r- o' r"t2< )"* Notwithstanding anthing contained in the Pament of WagesEct, "#/$ ).? of "#/$*, where an rent or arrears of rent are due from an person under thescheme made under section ""(%, the ma be recovered(

)a* b deduction b his emploer from his wages, if the 9oard or an personauthorised b it in this behalf directs the emploer so to do; or

)b* as arrears of land revenue or as a public demand if, upon the application of the9oard or an person authorised b it in this behalf, a !agistrate so directs-

Explanation2 .n this section and section ""(=, I!agistrateI means a !agistrate of thefirst class having 0urisdiction in the area where the house for which the rent or arrears of rentare due or from which eviction is to be effected is located-

)2* En emploer making an deduction under sub(section )"*, shall, within sevendas from the date on which he makes the deduction, pa the entire amount so deducted tothe 9oard entitled to receive it, and the pament so made, to the extent of the amount so paid,shall constitute a valid discharge of the liabilit of the emploer to the person from whose

wages the amount is deducted-

)/* .f an emploer, upon being directed b a 9oard or a person authorised b it tomake a deduction from wages under this section, fails without lawful excuse to compl with thedirection within the time specified therein he shall personall be liable to pa the amount soreuired to be deducted, without pre0udice to the liabilit of the person from whom that moneis due-

11E2 E/i%tio"2< )"* Notwithstanding anthing contained in an other law for the time beingin force, including the West Pakistan Lrban ent estriction &rdinance, "#5# )West Pakistan&rdinance No- ?. of "#5#*, and the Marachi ent estriction Ect, "#5/ )?... of "#5/*, a workeroccuping a house constructed with the mone allocated from the Fund, who is directed b a

9oard or an officer authorised b it in this behalf, b an order in writing to vacate the house,shall vacate such house within a period of two months from the date of service of the order onhim-

)2* .f such a worker fails to vacate such house within such period, the 9oard or theofficer authorised b it in this behalf ma lodge a complaint with a !agistrate-

)/* +he !agistrate on hearing the parties ma, notwithstanding anthing containedin an other law for the time being in force, summaril decide the case and ma pass an orderof eviction giving the worker a reasonable time to vacate the house-

):* When a !agistrate passes an order for the eviction of worker, he ma, in such

order, also direct a police officer to evict such worker and an other person occuping throughsuch worker the house in respect of which the order of eviction is made, if the worker or suchother person fails to vacate the house within the time allowed under sub(section )/*-

)5* E police officer acting under an order of the !agistrate under clause ):* shallnotif the occupants of the premises in uestion the contents of the !agistrateIs order and hisintention to enter such house, allow at least two hours time to the occupants thereof to vacateit and give all reasonable facilities to the children and female occupants, if an, to withdrawtherefrom before appling an force for taking over the possession of such house-

)$* Where a worker occuping such a house dies, the procedure prescribed in thissection shall mutatis mutandisand so far as applicable, appl for evicting an person who was

occuping the house through such worker and continues to remain in occupation thereof afterhis death'

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Provided that, where such person is the widow of the deceased worker, she shall not beevicted before the expir of nine months following the death of the worker-

11F2 Fi"#lit- o' or$r2< En order passed b a !agistrate under section ""(> or section ""(= shall be final and no %ourt or authorit shall entertain an plea as to the 0urisdiction of the!agistrate or as to the legalit or propriet of the order or allow such an order to be called inuestion in an manner whatsoever-3

CHAPTER I6MISCELLANEOUS

1=2 Dl3#tio" o' o4r(2< +he 8overning 9od ma direct in writing that all or an of itspowers and functions under clauses )e* and )f* of section "6 ma, sub0ect to such limitations,restrictions or conditions, if an, as ma be imposed b it from time to time, be also exercisedor performed b the Becretar-

1?2 Po4r to r&it or r$)% #&o)"t $)2< +he :1Federal 8overnment3 ma, bnotification in the official 8a