SIGNIFICANT AMENDMENTS IN OTHER STATUES

The Workmen’s Compensation Act, 1923

It is proposed to amend section 2 (n) (ii) and omit first column of Schedule IV, of the Act so the monthly wages ceiling of Rs. 6,000 for entitlement to compensation in cases of permanent disablement or death of an industrial workers can be removed.

Natural Gas (Development Surcharge) Ordinance, 1967

Only three amendments have been proposed in this Ordinance one of which seek to amend section 3 sub-section (3) to provide one time exemption from payment of additional amount, payable, due to the nonpayment of Gas Development Surcharge within stipulated time, while the other two amendments are technical corrections to amend the reference of other statues.

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Order 12 deals with the provisions relating to the termination of employment. While clause (6) of this Order provide for payment of gratuity where the employer has not established any Provident Fund. Now it is proposed to add the new proviso whereby the industrial worker will be able to voluntarily contribute to an “Approved Pension Fund and the existence of this Fund will not entitle the industrial worker for gratuity payment as is in the case of establishment of Provident Fund. The relevant proviso is reproduced below.

“Provided further that if through collective bargaining the employer offers and contributes to an “Approved Pension Fund” as defined in the Income Tax Ordinance, 2001 (XLIX of 2001), and where the contribution of the employer is not less than fifty per cent of the limit prescribed in the aforesaid Ordinance, and to which the workman is also a contributor for the remaining fifty per cent or less, no gratuity shall be payable for the period during which such contribution has been made.”.

Companies Profits (Workers Participation) Act, 1968

It is proposed to introduce four amendments in the Act.

Firstly, in section 2,  in clause (b)  for the words, comma and figure “Companies Act, 1913” the words, comma and figures “Companies Ordinance, 1984” is being substituted; and in the marginal heading, for the figures and word “VII of1913” the figures and word “XLVII of 1984” is being substituted.

Secondly, in clause (f) which defines the term “worker” the persons employed by or through the contractors,” is being inserted which would mean that now on, the contract worker will also be entitled to the benefits of the Act.

Thirdly, in section 3, in sub-section (1), in clause (b), the commas, words, figures and brackets “, which shall, where the accounts have been audited by an auditor appointed under section 23 of the Industrial Relations Ordinance, 1969 (XXIII of 1969), be assessed on the basis of such audit” is  being omitted. This would mean that the amount of profit is now not subject to adjustment based on the audit under section 23B of the relevant Ordinance.

Fourthly and lastly in the Schedule, in paragraph 4, in clause (a), under the heading “Categories”, for the existing entries, the following is being substituted, namely:-

1.  Workers drawing average monthly wages not exceeding seven thousand five hundred rupees.
2. Workers drawing average monthly wages exceeding seven thousand five hundred rupees but not exceeding fifteen thousand.
3. Workers drawing average monthly wages exceeding fifteen thousand rupees”.; and

Further more the maximum entitlement of the worker in the allocation of units is being increased from rupees three thousand to rupees four thousand.

W. P. Ordinance, XX of 1969
 
The minimum wage of unskilled worker is proposed to be revised by 600/=. The new limit of minimum wages would be Rs. 4,600/= p.m.