Workmen's Compensation Act, 1923
Workmen's Compensation Act, 1923
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 halfmonthly payments.
8. Distribution of compensation.
9. Compensation not to be assigned, attached or charged.
10. Notice and claim.
10 A. Power to require from employers statements regarding fatal accidents.
10 B. Reports of fatal accidents.
10 C. Officers authorised may refer cases for payment of compensation.
10 D. 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.
17. Contracting out.
18. Proof of age,
18 A. Penalties.
CHAPTER III
COMMISSIONERS
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19. Reference to Commissioners.
20. Appointment of Commissioners.
21. Venue of proceedings and transfer.
22. Form of application.
22 A. 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.
30 A. 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 [Repealed.]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.
Rules to give effect to arrangements with other countries for the transfer of money
35.
paid as compensation.
SCHEDULE I.
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL
DISABLEMENT.
SCHEDULE II.
LIST OF PERSONS WHO, SUBJECT TO THE PROVISIONS OF SECTION
2(1) (N), ARE INCLUDED IN THE DEFINITION OF WORKMEN.
SCHEDULE III.
LIST OF OCCUPATIONAL DISEASES.
SCHEDULE IV.
COMPENSATION PAYABLE IN CERTAIN CASES.
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THE WORKMEN’S COMPENSATION ACT, 1923
1ACT 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 :‑
1 For 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 Workmen’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. 2041953) 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. 1641953) 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 8 th September, 1958 by the Gwadur (Application of Central Laws)
Ordinance, 1960, (37 of 1960).s. 2.
2 The original subsection (2) as amended by A.O., 1949 (w.e.f. 2831949) and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8 (w.e.f. 1051951) has
been subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (w.e.f. 14101955).
3 Subs. 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 any body 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 re duces the earning capacity of a workman in any em ployment 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] pro viding for the maintenance
of a register of medical practitioners (21 & 22 Vict., c.1990), or, in any area where no
such last‑men tioned Act is in force, any person declared by the 7[Pro vincial
Government], by notification in the
1 Subs. by the Workmen’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. 141937) 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 a 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 per forming 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 hun dred 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 con cession 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 em ployer'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. ibid.,for “local official Gazette”.
2 Cl. (j) was omitted by the Workmen’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. 2511975).
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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 3* * * of 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.
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 pro visions 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 acci dent
arising out of and in the course of his employment, his em ployer 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 Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933),s. 2.
2 Omitted by Act IV of 2007, s. 2 (w.e.f. 172007).
3 The words “His Magesty’s omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II.
4 The words “ or of the Royal Indian Marine Service” omitted by A.O., 1937 (w.e.f. 141937).
5 The 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 subsection (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
9 Subs. by A.O., 1937, for “Gazette of India”.
10 Subs. ibid., for “his”.
11 Subs. ibid., for “he”.
12 Ins. ibid
13 Subs. by the Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 3 (w.e.f.1531957), for “seven” which had been subs. by the Workmen’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.
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(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 dis ease shall be deemed to be an injury by accident within the mean ing 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].
(4) Save as provided by sub‑sections (2) and (3), no compensa tion 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 Workmen’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 Workmen’s Compensation (Amdt.) Act, 1926 (29 of 1926),s . 2, and then
by the Workmen’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 Workman’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 3.
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(b) if an agreement has been come to between the work man 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) 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
per centage 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 per
manently 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 disable ment 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 allow ance which the workman has received from the
employer by way of compensation during
1 Subs. ibid., s. 4, for the original subsection (1).
2 Subs. by Act XI of 1994, s. Sch.
3 Subs. & Omitted by Act XI of 1994, Sch.
4 Subs. by Act 11 of 1957,s. 4, for “seven”.
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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 dis ablement] ; 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.
(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 onetwelfth 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 Workman’s Compensation (Amdt.) Act, 1957 (11 of 1957), s. 4 (w.e.f. 1531957).
2 Added by the Workman’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. 1341972)
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 Workman’s Compensation (Amdt.) Act, 1929 (5 of 1929), s. 3 (w.e.f. 2931929).
7 The brackets and figure “(1)” omitted by the Workman’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 4 (w. e.f. 541938).
8 Subs. by the Workman’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 Workman’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 Workmen’s Compensation (Amdt.) Act, 1939 (13 of 1939), s. 2 (w.e.f. 3061939).
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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 of3[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 accom panied 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 sec tion, 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 halfmonthly 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.
6[Provided that, in the case of a deceased workman, an em ployer may make to any dependant
advances on account of com pensation 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.]
1 The original cl. (b) was relettered as cl. (c) by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 5.
2 The proviso omitted, ibid.
3 The original words “this section” were subs. first by the Workmen’s Compensation (Amdt.) Act, 1929 (5 of 1929), s. 3 (w.e.f. 2931929) and then by the Workmen’s Compensation
(Amdt.) Act, 1938 (9 of 1938) (w.e.f. 541938) to read as above.
4 Subsection (2) which had been ins. by Act 5 of 1929, was omitted by Act 15 of 1933, s. 5.
5 Subs. by the Workmen’s Compensation (Amdt.) Act, 1929 (5 of 1929), s.4 (w.e.f. 2931929), for the original subsection (1) to (3).
6 Subs. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 6, for the original proviso.
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(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 Commis sioner 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 in curred, and shall, if he thinks necessary, cause notice to be pub lished
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 work men 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 work man 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 dis cretion of the Commissioner, be allotted to any one depen dant.
(6) Where any compensation deposited with the Commis sioner is payable to any person, the
Commissioner shall, if the per son 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 bene fit 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 neg lect of children on the part of a parent or on
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 Workmen’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 Subsection (5) to (7) were subs. by Act 5 of 1929, s. 4, for the original subsection (5).
6 Ins. by Act 11 of 1957, s. 5.
7 Subsection (6) renumbered as subsection (8) by the Workmen’s Compensation (Amdt.) Act, 1929 (5 of 1929), s. 4 (w.e.f. 2931929).
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account of the varia tion of the circumstances of any dependant or for any other suffi cient 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:
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 sub section (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 cap able 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 dis ablement caused by the disease:
4[Provided further that the want of or any defect or irregu larity in a notice shall not be a bar to
the 5[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
1 Subsection (9) added, ibid.
2 Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 5 (w.e.f. 541938), for certain words.
3 Subs. by the Workmen’s Compensation (Amdt.) Act, 1973 (14 of 1973), section 4 (w.e.f. 721973), for “one year”.
4 Proviso ins. by the Workmen’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”.
Page 12 of 37
(b) if the employer 1[or any one of several employers or any person responsible to the employer for
the manage ment 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 :]
Provided, further, that the Commissioner may 2[entertain] and decide any claim to compensation in any
case notwithstanding that the notice has not been given, or the claim has not been 3[pre ferred], in due time as
provided in this sub‑section, if he is satis fied that the failure so to give the notice or 4[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 5[any one of] several employ ers, or upon any person 6* responsible to the employer for the
management of any branch of the trade or business in which the injured workman was employed.
7[(3) The 8[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.]
9[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 circums tances 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 Com missioner, after such enquiry as he may think
fit, may inform any of the dependants of the deceased workman that
1 Ins. ibid.
2 Subs. ibid., for “admit”.
3 Subs. ibid., for “instituted”.
4 Subs. ibid., for “institute”.
5 Subs. by the Repealing and Amending Act, 1924 (7 of 1924), s. 2 and Sch. I (w.e.f. 1531924), for “any one or”.
6 The word “directly” omitted by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 5 (w.e.f. 541938).
7 Subs. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 7, for the original subsection (3).
8 Subs. by A.O., 1937 (w.e.f. 141937), for “L.G.”.
9 Ss. 10A and 10B were ins. by Act 15 of 1933, s. 8.
Page 13 of 37
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 :
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 authori ty 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 Commis sioner 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 prac titioner 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 other wise 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
1 Subs. by A.O., 1937 (w.e.f. 141937), for “L.G.”.
2 Subs. ibid., for “local official Gazette”.
3 Ins. by the Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), section 6 (w.e.f. 1531957).
4 Subs. ibid., s. 7, for the original subsection (1).
Page 14 of 37
medical practitioner or in any way obstructs the same, his right to com pensation shall be suspended
during the continuance of such refusal or obstruction unless, in the case of refusal, he was pre vented
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.
(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 there after 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 un reasonable] 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 refer red 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 prin cipal
shall be liable to pay to any workman employed in the exe cution 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 substi tuted 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.
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.
Page 15 of 37
(2) Where the principal is liable to pay compensation under this section, he shall be entitled to be
indemnified by the contrac tor,1[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 prin cipal 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 indem nity shall, in default of
agreement, be settled by the Commis sioner.
(3) Nothing in this section shall be construed as preventing a workman from recovering
compensation from the contractor instead of the principal.
(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
res pect of any injury caused under circumstances creating a legal liability of some person other than
the person by whom the com pensation 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 com pany having commenced to be wound up, the rights of
the employer against the insurers as respects that liability shall, not withstanding anything in any law
for the time being in force relating to insolvency or the winding up of companies, be trans ferred to
and vest in the workman, and upon any such transfer the insurers shall have the same rights and
remedies and be sub ject 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 work man 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 liquida tion 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 in surers of the happening of the accident and of any
1 Ins. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), section 9.
Page 16 of 37
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 dis tribution 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 wherefor 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 sec tion, 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 for that purpose
under section 7, and a certificate of the Commissioner as to the amount of such sum shall be
conclusive proof thereof.
(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 2* ships or seamen subject to the following modifica tions, namely :‑
(1) The notice of the accident and the claim for compen sation 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 3* * * in a foreign country,
any depositions taken 3* * * by any Consular Officer in the foreign country and transmitted by the
person by whom they are taken to the
1 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “Insolvency (Karachi Division and Dacca) Act”, which was previously
amended by various enactments.
2 The word “registered” omitted by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 10.
3 Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II.
Page 17 of 37
1[Federal Government] or any 2[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 3* * * 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.
4* * * * * * *
5[(4) No 6[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 7[Pakistan] relating to merchant
shipping, liable to defray the expenses of maintenance of the injured master or seaman.
8[(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 Allow ances (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
Allow ances (Indian Seamen) Scheme, 1942, made by the9[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 proceed ings under this Act in respect of any personal
injury, if‑
1 Subs. by A.O., 1975, Art. 2 and Table for “Central Government” (w.e.f. 14873), which had been subs. by A.O., 1937 (w.e.f. 141937) for “G.G. in C.”
2 Subs. by A.O., 1937, for “L.G.”.
3 Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II.
4 The Original cl. (4) omitted by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), s. 7 (w.e.f. 541938).
5 Cl. (5) renumbered and cl. (4), ibid.
6 Subs. by the Repealing and Amending Act, 1927 (7 of 1924, s. 2 and Sch. I (w.e.f. 1531924), for “monthly payment”.
7 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”.
8 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. 391939).
9 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” (w.e.f. 1481973).
Page 18 of 37
(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 pro ceedings.]
16. Returns as to compensation. The 1[Provincial Government] may, by notification in the
2[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 1[Provincial Government] may direct.
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 employ ment in a factory, 3[a valid certificate granted in respect of such
person under section 12 or section 52 of the Factories Act, 1934], before the occurrence of the injury
shall be conclusive proof of the age of such person.
4[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 lie is required to send under section 10B, or
(d) fails to make a return which he is required to make under section 16; 5[or]
6[(e) fails to affix the abstracts of this Act and of the rules as required by section 10D,]
1 Subs. by A.O., 1937 (w.e.f.141937), for “G.G. in C.”.
2 Subs. ibid., for “Gazette of India”.
3 Subs. by the Workmen’s Compensation (Amdt.) Act, 1938 (9 of 1938), section 7 (w.e.f 5041938), for “a certificate granted in respect of such person under section 7 or section 8 of
the Indian Factories Act, 1911”.
4 S. 18A ins. by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s. 11.
5 Added by the Workmen’s Compensation (Amdt.) Act, 1933 (15 of 1933), s.11.
6 Ins. ibid.
Page 19 of 37
shall be punish able with fine which may extend to one hundred rupees.
1* * * * * * *
(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 (includ ing any question as to weather a person
injured is or is not a work man) or as to the amount or duration of compensation (including any
question as to the nature or extend of disablement), the ques tion shall, in default of agreement, be
settled by 2[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 Subsetion (1A) ins. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and 1 st Sch. (w.e.f. 1341972), omitted by the Workmen’s Compensation (Amdt.) Act, 1973 (14
of 1973), s. 5 (w.e.f. 721973).
2 Subs. by Act 15 of 1933, s. 12, for “the Commissioner”.
Page 20 of 37
20. Appointment of Commissioners.(1) The 1[Provincial Government] may, by notification in
the 2[official Gazette], appoint any person to be a Commis sioner 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 Com missioner] 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
9[Provincial Government] or to a Commissioner in another Province
1 Subs. by A.O., 1937 (w.e.f.141937), for “L.G.”.
2 Subs. ibid., for “local official Gazette”.
3 A new subsection (2) was ins. and the old subsection (2) and (3) were renumbered 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 3 (w.e.f. 541938)
9 Subs. by A.O., 1937 (w.e.f. 141937), for “L.G.”.
Page 21 of 37
save with the previous sanction of 1[the Provincial Government of that Province], unless all the
parties to the proceedings agree to the transfer.
(3) The Commissioner to whom any matter is so transfer red shall, subject to rules made under this
Act, inquire thereinto and, if the matter was transferred for report, return his re port thereon or, if the
matter was transferred for disposal, con tinue 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.
2[(5) The 2[Provincial Government] may transfer any matter from any Commissioner appointed
by it to any other Commis sioner 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 connec tion therewith which they have been
unable to settle by agree ment.
(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
(d) 5[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 un able 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 em ployer as compensation payable in respect of a workman
whose injury has resulted in death, and in the opinion of the Commis sioner
1 Subs. ibid., for “the G.G. in C.”.
2 Subsection (5) ins. by the Workmen’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 22 of 37
Commis sioner such sum 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 em ployer 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 wit nesses 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 examina tion 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 Com missioner, 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. 2931929).
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 23 of 37
payable 1[to a women or a person under a legal disability] 2* * * a memo randum thereof shall be sent by the
employer to the Commissioner, who shall, on being satisfied as to its genuineness, record the me morandum 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 agree ment as to the payment of a lump sum whether
by way of redemption of a half‑monthly payment or other wise, or an agreement as to the amount
of compen sation 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 agree ment 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 registra tion of
which is required by section 28, is not sent to the Commis sioner 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 Commissioner,
namely:__
(a) an order awarding as compensation a lump sum whether by way of redemption of a half‑monthly
pay ment 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 compensa tion among the dependants of a deceased
workman, or disallowing any claims of a person alleging himself to be such dependant ;
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”.
2 The words “or to a dependent” omitted by the Repealing and Amending Act, 1924 (7 of 1924), s. 3 and Sch. II (w.e.f. 1531924).
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 24 of 37
(d) an order allowing or disallowing any claim for the amount of an indemnity under the
provisions of Sub section (2) of section 12 ; or
(e) an order refusing to register a memorandum of agree ment or registering the same or
providing for the regis tration 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 Commis sioner, 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 accom panied 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 sec tion 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).
6[(2) Without prejudice to the provisions of sub‑section (1), the Commissioner may recover 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.]
1 The proviso ins. by the Workmen’s Compensation (Amdt.), Act, 1933 (15 of 1933), s. 17.
2 Subsection (4) added by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. (w.e.f. 2511975).
3 S. 30A ins. by the Workmen’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 renumbered as subsection (1) of that section by the Labour Laws (Amdt.) Act, 1976 (11 of 1976), s. 2 and Sch. (w.e.f. 1241976).
6 Subsection (2) added ibid.
Page 25 of 37
CHAPTER IV
RULES
32. Power of the Provincial Government to make rules.(1) The 1 [Provincial Government] may make rules2 to
carry out the purposes of this Act.
(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 condi tions 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 sub
mit himself for medical examination under sub‑section (1) of section 11 ;
(c) for prescribing the procedure to be followed by Com missioners 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 ;
3 [(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 work men and for the establishment and administration of such
fund or funds ;]
(f) for the representation in proceedings before Commis sioners 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 ; 4 *
4 * * * * * * *
4 [(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 ; 5 *
1 Subs. by A.O., 1937 (w.e.f. 141937), for “G.G. in C.”.
2 For the Workmen’s Compensation Rules, 1924, see Gen. R. & O.
3 Ins. by the Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), section 9 (w.e.f. 1531957).
4 The 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. 141937).
5 The word “and” omitted by Act 11 of 1957, s. 9
Page 26 of 37
(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 notifica tion 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 fullstop.
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. 141937).
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 renumbered as subsection (1) of that section by the Workmen’s Compensation (Amdt.)Act, 1937 (7 of 1937), s. 2 (w.e.f. 431937).
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. 2831949).
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 subsection (2) added, ibid.
Page 27 of 37
(2) Where money deposited with a Commissioner has been so transferred in accordance with the
rules made under this sec tion, 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[SCHEDULEI
2[See section 2 (1) and (4)]
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT.
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 un able 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
1 Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and 1 st Sch. (w.e.f. 1341972,) 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 28 of 37
Amputation cases‑Lower limbs
11. Amputation of both feet resulting in end‑bearing stumps .. .. 90
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
.. .. .. .. .. ..
16. Amputation at hip .. .. .. .. .. .. .. 90
17. Amputation below hip with stump not exceeding 5” in length measures from tip 80
of great trochanter .. .. .. .. .. ..
SCHEDULE__ Contd.
19. Amputation below middle thigh to 3‑1/2" below knee 60
20. Amputation below knee with stump exceeding 3‑1/2in. but 50
not exceeding 5in .. .. .. ..
21. Amputation below knee with stump exceeding 5in. .. 40
22. Amputation of one foot resulting in end‑bearing .. 30
24. Loss of all toes of one foot through the metatarsophalangeal 20
joint .. .. ..
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 of eyeball, the 30
other being normal .. .. .. .. .. ..
Page 29 of 37
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
Page 30 of 37
Three toes of one foot, excluding great toe
45. Through metatarso‑phalangeal joint .. .. .. .. .. 6
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
SCHEDULEII
[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 __
(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 de fined in5 [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 sec tion 3 of the Mines Act, 1923, (IV of 1923) in any mining
operation, or in any kind of work, 8 * * *
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. 721973).
3 Subs. by the Workmen’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. 1531957).
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 Workmen’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 6. (w.e.f. 721973).
Page 31 of 37
incidental to or connected with any mining operation or with the mineral obtained, or in
kind or work whatsoever below ground:
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. 162163.
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”.
5 Subs. by Act 11 of 1957 s. 10, for the original subclause (a).
Page 32 of 37
(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 Depart ment 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 opera tions ; 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, 6* * *, on any estate which is main tained 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 Workmen’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 6 (w.e.f. 721973).
2 The word “Indian” omitted by A.O., 1949 (w.e.f. 2831949).
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 Workmen’s Compensation (Amdt.) Act, 1957 (11 of 1957), section 10 (w.e.f. 1531957), for “fifty”.
6 The words “otherwise than in a clerical capacity”, omitted by the Workmen’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 6 (w.e.f.721973).
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(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 in tended 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 pre ceding 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. 541938).
2 The existing cl. (xxiii) renumbered as cl. (xxv), ibid.
3 The word “or” and cls. (xxvi) and (xxvii) ins., ibid.
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SCHEDULEIII
(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
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.
2PART B]
Lead poisoning or its sequelae 3(excluding poisoning by Any process involving the use of lead 4[or any of its
lead tetra‑ethyl). preparations or compounds except lead tetra‑ethyl].
Phosphorus poisoning or its sequelae. Any process involving the use of phos phorus or its preparations
or compounds.
5
[Mercury poisoning or its sequelae. Any process involving the use of mercury or its preparations or
compounds.
Poisoning by benzene and its homologues, or the Handling benzene or any of its homologues and any process in
sequelae of such poisoning. the manufacture or involving the use of benzene or any of its
homologues.
Chrome ulceration or its sequelae Any process involving the use of chromic acid or bichromate of
ammonimum, potassium or sodium, or their prepara tions.
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, sub stances, or X‑rays.
(a) radium and other radioactive substances ;
(b) X‑rays,
Primary epitheliomatous cancer of the skin. Any process involving the handling or use of tar, pitch, bitumen,
mineral oil, paraffin, or 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. 541938).
2 This report 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 Workmen’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.
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1SCHEDULEIV
(See section 4)
COMPENSATION PAYABLE IN CERTAIN CASES.
Death Permanent Total
disablement
1 2 3 4
3* * *
Rs. Rs.
1 Subs. by Act XI of 1994 & Sch.
2 Omitted by Act IV of 2004, s. 2 (w.e.f. 172007).
3 Subs. by Act III of 2006, s. 2.
4 Subs. by ord. 53 of 2001, s. 2, Sch. (w.e.f. 172001).
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