THE WORKERS WELFARE FUND ORDINANCE, 1971

CONTENTS CHAPTER I PRELIMINARY

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

CHAPTER II CONSTITUTION OF WORKERS WELFARE FUND

3. 4. 01A2 5. 6. Co"(tit)tio" o' Wor* r(+ W l'#r F)"$ Mo$ o' ,#-& "t .-, #"$ r %o/ r- 'ro&, i"$)(tri#l (t#.li(h& "t( P#-& "t o' ')rth r #&o)"t Li#.ilit- to . $i(%h#r3 $ .- % rt#i" , r(o"( P)r,o( ( to 4hi%h &o" -( i" th F)"$ &#- . #,,li $

CHAPTER III 5O6ERNIN5 7ODY

7. 8. 9. 10. 11. Co"(tit)tio" o' th 5o/ r"i"3 7o$A,,oi"t& "t o' S %r t#r- #"$ oth r &,lo5o/ r"i"3 7o$- to l#- $o4" ,ro% $)r , t% F)"%tio"( o' th 5o/ r"i"3 7o$181A2 6 (ti"3 o' &o" - #llo%#t $ 'ro& th F)"$ M#i"t "#"% o' .oo*( o' #%%o)"t, t% ( o' th F)"$

CHAPTER III1A WORKERS WELFARE 7OARDS

11A2 1172 11C2 11D2 11E2 11F2 Co"(tit)tio" o' Wor* r( W l'#r 7o#r$( 7o#r$ to . # .o$- %or,or#t , t% Po4 r(, t%2, o' th 7o#r$ R %o/ r- o' r "t E/i%tio" Fi"#lit- o' or$ r

CHAPTER I6 MISCELLANEOUS
12. 13. 14. 15. 16. D l 3#tio" o' ,o4 r( Po4 r to r &it or r $)% #&o)"t $) Prot %tio" o' , r(o"( #%ti"3 )"$ r thi( Or$i"#"% Po4 r to &#* r)l ( E! &,tio" 'ro& t#! (

TE9T
THE WORKERS WELFARE FUND ORDINANCE, 19711 :9996I OF 1971; [9th December, 1971] AN ORDINANCE to provide for the establishment of a Workers Welfare Fund Whereas it is expedient to provide for the establishment of a Workers Welfare Fund, for providing residential accommodation and other facilities for workers and for matters connected therewith or incidental thereto; Now, therefore, in pursuance of the Proclamation of the 25th da of !arch "#$#, read with the Provincial %onstitution &rder, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following &rdinance '( CHAPTER I PRELIMINARY 12 Short titl , !t "t #"$ %o&& "% & "t2< )"* +his &rdinance ma Workers Welfare Fund &rdinance, "#,")2* )/* .t extends to the whole of Pakistan.t shall come into force at oncebe called the

=2 D 'i"itio"(2< .n this &rdinance, unless there is an thing repugnant in the sub0ect or context,
2

12

23

)b* )c* )d*

:

4 &,lo- r4 has the same meaning as in section 2 of the .ndustrial 5elations &rdinance, /12662 )7%. of 2662*3; 4F)"$4 means the Workers Welfare Fund constituted under section /; 45o/ r"i"3 7o$-4 means the 8overning 9od section ,; 2 2 2 2 2 2 2 3 of the Fund constituted under

1 2 )i*

)f*

4i"$)(tri#l (t#.li(h& "t4 means( an concern owning or managing a factor , workshop or other establishment in which articles are produced, adapted or manufactured with the aid of electrical, mechanical, thermal, nuclear or an other form of energ transmitted mechanicall and not generated b human or animal agenc ; an concern working a mine or ;uarr or natural gas or oilfield; an concern running a public transport service3;

)ii*
5

1)iii*

8a<- of Pak-, =xtr-, Pt- ., >ecember "", "#,"&mitted %l- )a* b &rd- 77?.. of "#@", s- / A 2nd Bch3 Bubs- for figure 4"#$#4, and in the margin words A figure subs- for 477... of "#$#4 b the Finance Act, 2 ! "Act ### of 2 !$ , s- "2)2*)a*)i* A )ii*; 8a<- of Pak-, =xtra, Pt- ., Cul ", 266$, p- "@/(2,$4 &mitted clause )e* defining the 4.ncome(tax &fficer4 b the Finance Act, 2 ! "Act ### of 2 !$ , s- "2)2*)b*; 8a<- of Pak-, =xtra, Pt- ., Cul ", 266$, p- "@/(2,$5 Bubs- for the original b the Finance Act, 2 !, ibid, s- "2)2*)c*1 2

)iv*
$

an concern engaged in the carriage of men and goods b inland mechanicall propelled vessels;

)iva* an establishment, to which the West Pakistan Bhops and =stablishment &rdinance, "#$# )W-P- &rdinance No-?... of "#$#*, for the time being applies; an concern engaged in the growing of tea, coffee, rubber or cinchona; and an other concern or establishment which the ,1Federal 8overnment3 ma , b notification in the &fficial 8a<ette, declare to be an industrial establishment for the purposes of this &rdinance,

)v* )vi*

but does not include an concern or establishment which is owned b 8overnment, or b %orporation established b 8overnment or b a %orporation the ma0orit of the shares of which is owned b 8overnment;
@

1)ff*

4Or$i"#"% 4 means the .ncome +ax &rdinance, #1266" )7D.7 of 266"*33; 4,r (%ri. $4 means prescribed b rules made under this &rdinance; 4S %r t#r-4 means the Becretar of the Fund;

)g* )h*
"6

1)ha* 4T#!#tio" O''i% r4 means a person appointed to be a +axation &fficer under the &rdinance and includes a %ommissioner as defined in clause )"/*E of section 2 of the &rdinance3; >)i* 4tot#l i"%o& 4 means )i* where 5eturn of .ncome is re;uired to be filed under the &rdinance, the profit )before taxation or provision for taxation* as per accounts or the declared income as per the return of income, whichever is higher; and where 5eturn of .ncome is not re;uired to be filed, the profit )before taxation or provision for taxation* as per accounts or four per cent of the receipt as per the statement filed under section ""5 of the &rdinance, whichever is higher-3

11

)ii*

)0*

44or* r4 has the same meaning as in section 2 of the .ndustrial 5elations &rdinance, "212662 )7%. of 2662*3CHAPTER II CONSTITUTION OF WORKERS WELFARE FUND

?2 Co"(tit)tio" o' Wor* r(+ W l'#r F)"$2< )"* +here shall be constituted for the purposes of this &rdinance a Fund to be called the Workers Welfare Fund)2* )a* +he Fund shall consist of( an initial contribution of ten crores of rupees to be made b the 8overnment3;
"/

1Federal

.nserted a new clause )iva* - b the Finance Act, 2 % 8a<- of Pak-, =xtra, Pt- ., Cune 2,, 266@Bubs- for 4%entral 8overnment4 b Ect 7? of "#,:, s- 28 Edded cl- )ff* b &rd- 77?.. of "#@", s- / A 2nd Bch-; 8a<- of Pak, =xtr, Pt- ., Bept- "/, 266"-3 9 Bubs- for figure 4"#,#4, and in the margin words A figure subs- for 4777. of "#,#4 b the Finance Act, 2 ! "Act ### of 2 !$ , s- "2)2*)d*)i* A )ii*; 8a<- of Pak-, =xtra, Pt- ., Cul ", 266$, p- "@/(2,$10 .nserted a new clause )ha* b the Finance Act, 2 !, ibid, s- "2)2*)e*11 Bubs- for the original clause )i* b the Finance Act, 2 !, ibid, s- "2)2*)f*12 Bubs- for figure 4"#$#4, and in the margin words A figure subs- for 477... of "#$#4 in clause )0* b the Finance Act, 2 ! "Act ### of 2 !$, ibid, s- "2)2*)g*)i* A )ii*13 Bubs for 4%entral 8overnment4 b Ect 7? of "#,: s- 26 7

)b*
"5

such mone s as ma , from time to time, be paid b the industrial establishments under section : ":1and section :(E3'

1)bb* the amount transferred to the Fund from time to time, under clause )d* of paragraph : of the scheme set out in the Bchedule to the %ompanies Profit )Workers Participation* Ect, "#$@ )7.. of "#$@*3voluntar contributions in the shape of mone or building, land or other propert made to it from time to time b an 8overnment or b an person; "$ 2 2 2 income from the investments made and properties and assets ac;uired from out of the Fund, ",1and3

)c* )d*
"@

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

02 Mo$ o' ,#-& "t .-, #"$ r %o/ r- 'ro&, i"$)(tri#l (t#.li(h& "t(2< )"* =ver industrial establishment, the total income of which in an ear of account commencing on or after the date specified b the "#1Federal 8overnment3 in the &fficial 8a<ette in this behalf is not less than 261five3 lakh of rupees shall pa to the Fund in respect of that ear a sum e;ual to two per cent 2"12 2 23 of its total income 12 2 23/- 12 2 232 )2* =ver industrial establishment which is liable under sub(section )"* shall pa the amount due from it to the 221+axation &fficer3 having 0urisdiction over the industrial establishment for purposes of the 2/1&rdinance31)/* +he industrial establishment shall on or before the date prescribed for filing of returns of income or a statement under relevant provision of the &rdinance, pa the amount due from it under sub(section )"* and furnish the proof of pa ment to the +axation &fficer or the %ommissioner as the case ma be-3
25 ):* 12 2 23 @1+axation &fficer3 shall, b order in writing, determine the amount due from industrial establishment under sub(section )"*, if an , 12 2 23 25 after taking into account the amount paid b the industrial establishment under sub(section )/* in respect of the ear and the industrial establishment shall pa the amount so determined on or before the date specified in the order2:

)5* En charge b wa of enhancement or reduction in the 2$1total3 income shall be given effect to b ad0ustment of the amount due under sub(section )"*-

12 2 23 "

Words added b &rd- .7 of "#,2, s-2 A First Bchedule%l- )bb* added, ibid16 &mitted word 4and4 b Ect 7? of "#,:, s- /)a*17 Edded word 4and4, ibid, s- /)b*18 %lause )e* added, ibid19 Bubs for 4%entral 8overnment4 b Ect 7? of "#,: s- 220 Bubs- in sub(sec- )"* for word 4one4 and omitted last sentence b the Finance Act, 2 ! "Act ### of 2 !$ , s- "2)/*)a*; 8a<- of Pak-, =xtra, Pt- ., Cul ", 266$, p- "@/(2,$21 &mitted the words Fof so muchG and Fas is assessable under the &rdinanceG b the Finance Act, 2 % 8a<- of Pak-, =xtra, Pt- ., Cune 2,, 266@22 Bubs- for words 4.ncome(+ax &fficer4 wherever occurring throughout the statute b the Finance Act, 2 ! "Act ### of 2 !$, ibid, s- "2)"*23 Bubs- twice for 4Ect4, b &rd- 77?.. of "#@", s-/ A 2nd Bch- H "#@" PDB "5#24 Bubs- sub(section )/* for the original b the Finance Act, 2 !, ibid, s- "2)/*)b*25 &mitted the words FEt the time of making an assessment under :1the &rdinance3, or as soon thereafter as ma be, theG and Fon the basis of
14 15

the income so assessedG b the Finance Act, 2 % 8a<- of Pak-, =xtra, Pt- ., Cune 2,, 266@26 Bubs for word 4assessedG and omitted the word Fsubse;uent to the assessment made under the &rdinanceG b the Finance Act, 2 8a<- of Pak-, =xtra, Pt- ., Cune 2,, 266@-

)$* En amount paid b an industrial establishment under sub(section )/* which is found, on the basis of an order in appeal or revision under the 2,1&rdinance3, to have been paid in excess shall be refunded to it b the 2@1+axation &fficer3),* +he pa ment made b an industrial establishment to the Fund under sub(section )"* shall be treated as expenditure for purposes of assessment income(tax)@* Where an industrial establishment fails to pa the amount due from it as re;uired under this section, it shall without pre0udice to an other liabilit to which it ma be sub0ect under this &rdinance or an other law, be liable to pa an additional amount 2#1as per provisions of the &rdinance, relating to the mode and time of recover of the income tax3)#* +he provisions of /61the &rdinance3, relating to the mode and time of recover of the income(tax leviable under the &rdinance shall, so far as ma be, appl to the recover of the amount due under sub(section )"*1)"6* .ndustrial establishment ma file an appeal against an order passed b +axation &fficer or the %ommissioner as the case ma be under the &rdinance before the %ommissioner )Eppeal* appointed under the &rdinance-3
?= /"

>01A2 P#-& "t o' ')rth r #&o)"t2< )"* =ver industrial establishment referred to in sub( section )"* of section : shall, in addition to the amount pa able b it under that sub(section in respect of an ear of account, pa such amount as the //1Federal 8overnment3 ma determine on the recommendation of a committee appointed under sub(section )2* thereafter in this section referred to as the committee)2* For the purposes of sub(section )"*, the Provincial 8overnment ma appoint one or more committees in the Province and, where it appoints more than one committee, shall specif the area or class of industrial establishments in relation to which each such committee shall perform its functions)/* E committee appointed under sub(section )2* shall consist of an officer of the Provincial 8overnment who shall be its %hairman and not more than five other members to be appointed b the Provincial 8overnment of whom( )a* not less than two shall be appointed from amongst the emplo ers in the Province or, as the case ma be, in the area or class of industrial establishments in relation to which the committee is to perform its functions; and not less than two shall be appointed from amongst the workers in the Province or, as the case ma be, in the area or class of industrial establishments in relation to which the committee is to perform its functions-

)b*

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

Bubs for 4Ect4, ibidBubs- for words 4.ncome(+ax &fficer4 wherever occurring b the Finance Act, 2 ! "Act ### of 2 !$ , s- "2)"*; 8a<- of Pak-, =xtra, Pt- ., Cul ", 266$, p- "@/(2,$29 Bubs- for words 4e;ual to eight per cent per annum of the amount due from it from the date on which it was originall pa able to the date on which it is paid4 in sub(sec- )@* b the Finance Act, 2 ! "Act ### of 2 !$, ibid, s- "2)/*)c*30 Bubs for words 4sections :$ and :$E of the Ect4 b &rd- 77?.. of "#@"31 .nserted new sub(section )"6* b the Finance Act, 2 !, ibid, s- "2)/*)d*; 32 Bection :(E added b &rd .7 of "#,2, s- 2 A First Bchedule33 Bubs for 4%entral 8overnment4 b Ect 7? of "#,:, s- 227 28

)5* +he committee shall submit its recommendations to the Provincial 8overnment who shall forward them, together with its own observations, if an , to the //1Federal 8overnment3)$* +he committee shall have power to ask an industrial establishment to furnish such information as it ma consider necessar for the performance of its functions under sub( section ):*),* .f an industrial establishment fails to furnish the re;uired information under sub( section )$* the committee shall make its recommendations under sub(section ):* on the basis of such information as ma be available to it)@* +he provisions of section : shall, so far as ma be, appl to an amount pa able under sub(section )"* as if it were an amount pa able under sub(section )"* of that section3@2 Li#.ilit- to . $i(%h#r3 $ .- % rt#i" , r(o"(2< En liabilit imposed on an industrial establishment b this &rdinance shall be deemed to be the liabilit of the person who is liable to pa income(tax in respect of the income relatable to such industrial establishmentA2 P)r,o( ( to 4hi%h &o" -( i" th F)"$ &#- . #,,li $2< !one s in the Fund shall be applied to( )a*
/:

the financing of pro0ects connected with the establishment of housing estates or construction of houses for the workers;

1)b* the financing of other welfare measures including education training, re(skilling and apprenticeship for the welfare of the workers;3 the meeting of expenditure administration of the Fund; in respect of the cost of management and

)c* )d*
/5

the repa ment of loans raised b the 8overning 9od ; and

1)e* investment in government, government guarantees, non(government securities and 5eal =state,3 CHAPTER III 5O6ERNIN5 7ODY

72 Co"(tit)tio" o' th 5o/ r"i"3 7o$-2< )"* Es soon as ma be after the /$ commencement of this &rdinance the 1Federal 8overnment3 shall, b notification in the &fficial 8a<ette, constitute a 8overning 9od of the Fund to whom shall be entrusted the management and administration of the Fund1)2* +he 8overning 9od shall consist of the Becretar to the 8overnment of Pakistan in the !inistr dealing with matters relating to labour welfare, who shall be its %hairman and not more than eighteen other members to be appointed b the Federal 8overnment of whom(( )a* )b*
34

/,

at least one shall be appointed from each Province upon the recommendation of the Provincial 8overnment concerned; at least one shall be appointed from each Province from amongst the workers; and

Bubs- clause )b* for the original clause b the &abour &a's "Amendment$ (rdinance, 2 1 "(rd) &### of 2 1$, s- $; 8a<- of Pak-, =xtr-, Pt., &ct- $, 266", p- ":,5(":@"35 Bubs- for the original clause )e* b the Finance Act, 2 ! "Act ### of 2 !$, s- "2):*; 8a<- of Pak-, =xtra, Pt- ., Cul ", 266$, p- "@/(2,$36 Bubs for 4%entral 8overnment4 b Ect 7? of "#,:, s- 237 Bubs- sub(section )2* for the original sub(section b Ect 7? of "#,:, s- :-

)c*

at least one from each Province shall be appointed from amongst the emplo ers3-

)/* +he members of the 8overning 9od other than the %hairman shall hold office for such period and on such terms and conditions as ma be prescribed):* No act or proceedings of the 8overning 9od shall be invalid b reason onl of the existence of a vacanc in, or defect in the constitution of, the 8overning 9od B2 A,,oi"t& "t o' S %r t#r- #"$ oth r &,lo- ( o' th F)"$2< )"* +he 8overning 9od ma , with the previous approval of the /$1Federal 8overnment3, appoint a Becretar who shall be the executive officer of the Fund)2* +he 8overning 9od ma appoint such other emplo ees as it ma necessar for the efficient performance of the functions of Fundconsider

)/* +he 8overning 9od shall determine the terms and conditions of service of the Becretar and the emplo ees with the previous approval of the 11Federal 8overnment3):* +he Becretar and ever emplo ee shall be deemed to be a public servant within the meaning of section 2" of the Pakistan Penal %ode )Ect 7D? of "@$6*92 5o/ r"i"3 7o$- to l#- $o4" ,ro% $)r , t%2< Es soon as ma be after it has been constituted, the 8overning 9od shall, with the previous approval of the /@1Federal 8overnment3, la down the procedure for making applications for grants from the Fund, the information to be furnished in such applications and the principles to be followed b the 8overning 9od in the distribution of allocation from the Fund, including priorities as between respective applications for grants182 F)"%tio"( o' th 5o/ r"i"3 7o$-2< +he functions of the 8overning 9od shall be( )a* to allocate funds, in accordance with the principles laid down under section #, to the Provincial 8overnments, an agenc of the /@1Federal 8overnment3 and an bod corporate for an of the purposes mentioned in clauses )a* and )b* of section $; to sanction expenditure in respect of the administration and management of the Fund;

)b*
/#

1)c* investment in government, government guarantees, non(government securities and real estate3; 1)ca* to dispose of the moveable and immoveable propert of WorkersI Welfare Fund and WorkersI Welfare 9oards;3 to raise loans and to take measures for discharging such loans; to do or cause to be done all acts and things necessar or desirable for the proper administration of the Fund; and to do or cause to be done all things ancillar or incidental to an of the aforesaid functions-

:6

)d* )e* )f*

01

>181A2 6 (ti"3 o' &o" - #llo%#t $ 'ro& th F)"$2< En mone allocated under clause )a* of section "6 shall be a grant(in(aid and shall vest in the 8overnment, agenc or bod
Bubs for 4%entral 8overnment4 b Ect 7? of "#,:, s- 2Bubs- for the original clause )c* b the Finance Act, 2 ! "Act ### of 2 !$, s- "2)5*)a*; 8a<- of Pak-, =xtra, Pt- ., Cul ", 266$, p- "@/(2,$40 Edded new clause )ca* b the Finance Act, 2 ! "Act ### of 2 !$, ibid, s- "2)5*)b*41 Bection "6(E added b Ect 7? of "#,:, s- 538 39

corporate, to whom it is allocated under that clause, but it shall not be applied to an purpose other than that for which it is allocated, or permitted b the 8overning 9od -3 112 M#i"t "#"% o' .oo*( o' #%%o)"t, t%2< +he 8overning 9od shall( )a* )b* )c* cause to be maintained such books of account as ma be prescribed; cause to be prepared in the prescribed manner an annual statement of account; cause the accounts of the Fund to be audited annuall b :21the Euditor(8eneral of Pakistan or3 an auditor who is a chartered accountant within the meaning of the %hartered Eccountants &rdinance,"#$" )7 of "#$"*; and submit to the :/1Federal 8overnment3 the statement referred to in clause )b* together with the report of the auditor thereonCHAPTER III1A:: WORKERS WELFARE 7OARDS 111A2 Co"(tit)tio" o' Wor* r( W l'#r 7o#r$(2< )"* Where an allocation is made from the Fund to a Provincial 8overnment, an agenc of the Federal 8overnment, hereafter in this %hapter referred to as the agenc , or a bod corporate under clause )a* of section "6, such Provincial 8overnment, agenc or, as the case ma be, bod corporate ma , b notification in the &fficial 8a<ette constitute a 9oard 0@ to be known as Workers Welfare 9oard, hereafter in this %hapter referred to as the 9oard, for the efficient management and administration of the allocated mone and the pro0ects or other measures financed b such mone )2* )a* E 9oard shall consist of( a %hairman who shall be, in the case of a 9oard appointed( )i* )ii* )b* b a Provincial 8overnment, Becretar to that 8overnment in the department dealing with matters relating to labour welfare; or b an agenc or a bod corporate, such officer as the Federal 8overnment ma appoint; and

)d*

not more than nine, other members to be appointed b the Provincial 8overnment, agenc or, as the case ma be, bod corporate of whom J )i* )ii* at least two shall be appointed from amongst the emplo ers; and at least two shall be appointed from amongst the workers-

)/* +he members of a 9oard other than the %hairman shall hold office for such period and on such terms and conditions as ma be determined b the Provincial 8overnment, agenc or, as the case ma be, bod corporate):* No act or proceedings of a 9oard shall be invalid b reason onl of the existence of a vacanc in, or defect in the constitution of the 9oard11172 7o#r$ to . # .o$- %or,or#t , t%2< )"* +he 9oard shall be a bod corporate b the name notified b the 8overnment, agenc or, as the case ma be, bod corporate constituting
Words added in clause )c*, ibid, s- 2Bubs- for 4%entral 8overnment4 b Ect 7? of "#,:, s- 244 Edded %hapter ...(E containing sections ""(E to ""(F b Ect 7? of "#,:, s- ,45 )a* P)"C#. Province Workers Welfare 9oard constituted comprising of representatives of 8overnment, emplo ers and workers, Noti- "6(/5 )Dab-..* ,: of &ct- 2, "#,:, Pun0ab 8a< =xtr, &ct- "6, "#,:, p- "/25)b* Si"$h Workers Welfare 9oard consisting of a %hairman )Becretar , Dabour >eptt, Bind* and # members %onstituted- Noti- B& )D(..*( .)25#* ,6, Cune, "#,:, Bind 8ovt 8a< Pt-., Cune 26, "#,:, p- #2:)c* N2W2F2P2 Workers Welfare 9oard consisting of a %hairman )Becretar Dabour >epartment* and nine other members constituted Noti, B&D(.. )!isc "$K,: of Epril 2, "#,:, N-W-F-P- 8ovt- 8a< Pt- ., !a #, "#,5, p-/2$42 43

it having perpetual succession and a common seal with power, sub0ect to the provision of this &rdinance to contract, ac;uire, hold and dispose of propert , both movable and immovable, and shall be the said name sue or be sued)2* +he head office of the 9oard shall be at such place as the Provincial 8overnment, agenc or, as the case ma be, bod corporate constituting the 9oard ma , b notification in the &fficial 8a<ette, specif )/* +he %hairman of the 9oard shall be its %hief =xecutive and ma appoint a Becretar and such other staff on such terms and conditions as the 9oard ma sanction :$1with the previous approval of the 8overning 9od 3 ):* Bub0ect to sub(section )/*, all decisions of the 9oard shall be expressed in terms of the opinion of the ma0orit of the members of the 9oard present in a meeting and, in the event of an e;ualit of votes, the %hairman shall have a second or casting vote)5* +he Provincial 8overnment, agenc or, as the case ma be, bod corporate ma issue directions to the 9oard constituted b it regarding matters of polic including matters relating to scheme made under clause )a* of section ""(%' Provided that if a difference arises as to whether a direction relates to a matter of polic , the decision of the Federal 8overnment shall be final)$* E casual vacanc in the office of a member shall be filled, as soon as ma be, b the nomination of another person and the person nominated to fill such vacanc shall hold office for the unexpired term of his predecessor111C2 Po4 r(, t%2, o' th 7o#r$2< Bub0ect to the provisions of this &rdinance, a 9oard, for discharge of its functions under this &rdinance, shall( )a* as soon as ma be after its constitution, make and carr into effect a scheme regulating or providing for the regulation of( )i* matters connected with allotment, cancellation of allotment and fixation of rent of the houses financed b the mone allocated from the Fund, and their maintenance and repairs; an other measures for the welfare of workers financed b the mone allocated from the Fund; and the expenditure in respect of the cost of management and administration of such scheme;

)ii* )iii* )b* )c* )d*

have the power to recover the rent and arrears of rent of such houses in the manner laid down in section ""(>; have the power to evict an person from such a house in the manner laid down in section ""(=; have the power to do an other thing necessar for, connected with, or incidental to, the discharge of its functions under this &rdinance or the rules or scheme made thereunder; get its accounts annuall audited in the prescribed manner; and b notification in the official 8a<ette make regulations to regulate its procedure-

)e* )f*

46

Words added b the Finance Act, 2

% 8a<- of Pak-, =xtra, Pt- ., Cune 2,, 266@-

111D2 R %o/ r- o' r "t2< )"* Notwithstanding an thing contained in the Pa ment of Wages Ect, "#/$ ).? of "#/$*, where an rent or arrears of rent are due from an person under the scheme made under section ""(%, the ma be recovered( )a* )b* b deduction b his emplo er from his wages, if the 9oard or an authorised b it in this behalf directs the emplo er so to do; or person

as arrears of land revenue or as a public demand if, upon the application of the 9oard or an person authorised b it in this behalf, a !agistrate so directs-

Explanation211 .n this section and section ""(=, I!agistrateI means a !agistrate of the first class having 0urisdiction in the area where the house for which the rent or arrears of rent are due or from which eviction is to be effected is located)2* En emplo er making an deduction under sub(section )"*, shall, within seven da s from the date on which he makes the deduction, pa the entire amount so deducted to the 9oard entitled to receive it, and the pa ment so made, to the extent of the amount so paid, shall constitute a valid discharge of the liabilit of the emplo er to the person from whose wages the amount is deducted)/* .f an emplo er, upon being directed b a 9oard or a person authorised b it to make a deduction from wages under this section, fails without lawful excuse to compl with the direction within the time specified therein he shall personall be liable to pa the amount so re;uired to be deducted, without pre0udice to the liabilit of the person from whom that mone is due111E2 E/i%tio"2< )"* Notwithstanding an thing contained in an other law for the time being in force, including the West Pakistan Lrban 5ent 5estriction &rdinance, "#5# )West Pakistan &rdinance No- ?. of "#5#*, and the Marachi 5ent 5estriction Ect, "#5/ )?... of "#5/*, a worker occup ing a house constructed with the mone allocated from the Fund, who is directed b a 9oard or an officer authorised b it in this behalf, b an order in writing to vacate the house, shall vacate such house within a period of two months from the date of service of the order on him)2* .f such a worker fails to vacate such house within such period, the 9oard or the officer authorised b it in this behalf ma lodge a complaint with a !agistrate)/* +he !agistrate on hearing the parties ma , notwithstanding an thing contained in an other law for the time being in force, summaril decide the case and ma pass an order of eviction giving the worker a reasonable time to vacate the house):* When a !agistrate passes an order for the eviction of worker, he ma , in such order, also direct a police officer to evict such worker and an other person occup ing through such worker the house in respect of which the order of eviction is made, if the worker or such other person fails to vacate the house within the time allowed under sub(section )/*)5* E police officer acting under an order of the !agistrate under clause ):* shall notif the occupants of the premises in ;uestion the contents of the !agistrateIs order and his intention to enter such house, allow at least two hours time to the occupants thereof to vacate it and give all reasonable facilities to the children and female occupants, if an , to withdraw therefrom before appl ing an force for taking over the possession of such house)$* Where a worker occup ing such a house dies, the procedure prescribed in this section shall mutatis mutandis and so far as applicable, appl for evicting an person who was occup ing the house through such worker and continues to remain in occupation thereof after his death'

Provided that, where such person is the widow of the deceased worker, she shall not be evicted before the expir of nine months following the death of the worker111F2 Fi"#lit- o' or$ r2< En order passed b a !agistrate under section ""(> or section ""( = shall be final and no %ourt or authorit shall entertain an plea as to the 0urisdiction of the !agistrate or as to the legalit or propriet of the order or allow such an order to be called in ;uestion in an manner whatsoever-3 CHAPTER I6 MISCELLANEOUS 1=2 D l 3#tio" o' ,o4 r(2< +he 8overning 9od ma direct in writing that all or an of its powers and functions under clauses )e* and )f* of section "6 ma , sub0ect to such limitations, restrictions or conditions, if an , as ma be imposed b it from time to time, be also exercised or performed b the Becretar 1?2 Po4 r to r &it or r $)% #&o)"t $) 2< +he :,1Federal 8overnment3 ma , b notification in the official 8a<ette, remit or reduce the amount due from an industrial establishment or class of industrial establishments under the provisions of section :102 Prot %tio" o' , r(o"( #%ti"3 )"$ r thi( Or$i"#"% 2< No suit, prosecution or other legal proceedings shall lie against an person for an thing which is in good faith done under this &rdinance1@2 Po4 r to &#* r)l (2< )"* +he :,1Federal 8overnment3 ma , b notification in the &fficial 8a<ette, make rules for carr ing out the purposes of this &rdinance)2* .n particular and without pre0udice to the generalit of the foregoing power, such rules ma provide for all or an of the following matters, namel '( )i* the tenure of office of the members of the 8overning 9od other than the %hairman and the other terms and conditions of appointment of the members of the 8overning 9od and the manner in which 8overning 9od shall conduct its business, including the number of members re;uired to form a ;uorum at meetings thereof; and the books of account to be maintained b the Fund and the form of its statements of account-

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11A2 E! &,tio" 'ro& t#! (2< Notwithstanding an thing contained in an other law, the Federal 8overnment ma , b order in writing, exempt the .nstitution from an tax, dut , or rate leviable b the Federal 8overnment or b a local authorit under the control of the Federal 8overnment-3

47 48

Bubs- for 4%entral 8overnment4 b Ect 7? of "#,:, s- 2Edded new section "$ b the Finance Act, 2 ! "Act ### of 2

!$, s- "2)$*; 8a<- of Pak-, =xtra, Pt- ., Cul ", 266$, p- "@/(2,$-