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Schedule EMPLOYEES' OLD-AGE BENEFITS ACT, 1976 (ACT No. XIV OF 1976)[April 15,1976] An Act to repeal and re-enact the Law relating of Old -Age benefits for t h e persons employed in industrial, commercial and other organizations. W HEREAS it is expedient to repeal and re -enact the law relating t o old-age benefits for the persons employed in industrial , commercial and other organizations and matters connected therewith:It is hereby enacted as follows: CHAPTER 1PRELIMINARY 1. Short Title, Extent, Commencement and Application . ( 1 ) T h i s A c t may be called the Employees' Old-Age Benefits Act, 1976.(2) It extends to the whole of Pakistan.(3) It shall come into force at once.1[(4) It applies to every industry or establishment.(i) wherein ten or more persons are employed by the employer, directly or through any other person, whether on behalf of himself or any other person, or w e r e s o e m p l o y e d o n a n y d a y d u r i n g t h e p r e c e d i n g t w e l v e m o n t h s , a n d s h a l l continue to apply to every such industry or establishment even if the number of persons employed therein is, at any time after this Act becomes applicable to it ,reduced to less than ten; or 8 2[(i-a) wherein less than ten persons are employed if such industry or establishment voluntarily applies for application of this Act and this Act shalla p p l y t o s u c h i n d u s t r y o r e s t a b l i s h m e n t f o r t h e d a t e o f s u b m i s s i o n o f a n application by such industry or establishment; or (ii) which the Federal Government may, by notification in the official Gazette, specify in this behalf.} _______________________________________________________________ __ 1. Sub-sec.(4) by Ord. XVII of 1983.s.e enforced from July 1,1983=1983 PLS81 2. Inserted Cl.(i-a) in sub-sec(4) by Labour Laws ( A m e n d m e n t ) Ordinance,2001(Ord. LIII), s.7(1), effective from July 1, 2001: Gaz.of Pak.Extr. Pt. I, Oct. 20,2001. 2. Definitions. -In this Act, unless the context otherwise requires,[ (a) "

benefits " mean old-age pension, invalidity pension, [survivors] 2 pension, old-age grant and such other payments as may be d e t e r m i n e d b y t h e Federal Government from time to time;} 3 [(aa) " Board means the Board of Trustees constituted under section 7 ;} (b) " Contribution " means the sum of money payable to the Institution bythe employer {or by the Federal Government} 4 in respect of an insured personunder the provisions of the Act. 5 [(bb) " employee " m e a n s a n y p e r s o n e m p l o y e d , w h e t h e r d i r e c t l y o r through any other person, for wages or otherwise, to do any skilled or unskilled,supervisory, clerical, manual or other work in, or in connection with the affairs of,a n i n d u s t r y o r establishment, under a contract of serv ice or apprenticeship, 9 whether written or oral, express or implied, and includes such person when laidoff {:]] 6 [ Omitted]Provided5[ * * ] that a director of a limited company or of a corporations e t u p under any law shall not be treated as an employee under this A c t , irrespective of his wages or emoluments ;] 7 [(c) " employer ", in relation to an industry or establishment, mean any employee, and includes(i) in the case of an individual, an heir, successor, administrator or assign;(ii) a person who has ultimate control over the affairs of an industry or establishment, or where the affairs of an industry or establishment are entrusted toany other person (whether called a managing agent, managing director, manager,superintendent, secretary or by any other name), such other person ;and] 8 [(iii) [Omitted]( d ) " employment injury " means a personal injury to an insured person caused by an accident, or by such occupational disease as may be specified in theregulations, arising out of and in the course of his employment: _____________________________________________________________________ _________ ___

1 Cl..(a) added after re-numbering original cl.(a) as (aa) by Or. XVII of 1983, enforced from 1 st July1983= 1983 PLS 812. Subs. for wordwidows,by Employees Old Age Benefits (Amendment) Ord. 2002,s. 2(a)3. Original Cl. (a) re-numbered as (aa), ibid.4. Add. By Finance Act, 1986(Act I of 1986) s.11.1.(a)5. Cl. (bb) add by Ord. XVII of 1983.6. Omitted 1st proviso of cl.(bb) added by Act I of 1986, by Labour Laws(Amendment) Act, 1994.7. Cl. ( c ) subs. By Ord. XVII of 1983, s. 38. Sub-Clause (iii) omitted by Act I of 19861 [(e) " establishment " means-( i ) an establishment to which the West of Pakistan and EstablishmentsOrdinance, l969 (West Pakistan Ordinance No. VIII of 1969) for the time beingapplies, and notwithstanding anything contained in section 5 thereof, includes10 clubs, hostels, organisations and messes not maintained for profit or gain ande s t a b l i s h m e n t , i n c l u d i n g h o s p i t a l s , f o r t h e t r e a t m e n t o r c a r e o f s i c k , i n f i r m , destitute or mentally unfit persons ;( ii ) a construction industry as defined in the West Pakistan Industrial andCommercial Employment (Standing Orders) Ordinance, 1968 (West PakistanOrdinance No. VI of 1968);( iii ) a factory as defined in the Factories Act, 1934 (XXV of 1934);(iv) a mine as defined in the Mines Act, 1923(IV of 1923) ;(v) a road transport service as defined in the Road Transport WorkersO r d i n a n c e , 1 9 6 1 ( X X V I I I o f 1 9 6 1 ) ; a n d i n c l u d e s a n y c l a s s o f i n d u s t r i e s o r establishments which the Federal Government may, by notification in the officialGazette, declare to be establishments for the purposes of this Act.]( f ) " fund " means the Employees' Old-Age Benefits Fund set up under section l7 ;( g ) " industry " means any business, trade, undertaking, manufacture or calling of employers, and includes any calling, service, employment, handicraftindustrial occupation or avocation of workmen ;( h ) " institution " m e a n s t h e E m p l o y e e s ' O l d - A g e B e n e f i t s I n s t i t u t i o n established or nominated under section 4 [or section 5;] 2 (i) " insured person " means [an employee] 3 who is or was in insurableemployment;( j ) " insurable employment " m e a n s e m p l o y m e n t o f a p e r s o n u n d e r a contract of service or apprenticeship, whether written or oral, express or impliedand in respect of which contributions are payable under this Act; _________________________________________________________________

1. Cl. (a) subs. By Ord. XVII of 1983, s.4=1983 PLS 81. 2. Words and figure added. ibid.3. Subs for a person, by Act I of 1986.( k ) " invalidity " means a condition, other than that caused by a n employment injury, as a result of which an insured person i s p e r m a n e n t l y incapacitated to such an extent as to earn from his usual or other occupation morethan one third of the normal rates of earning in his usual occupation ;(1) " member " means a member of the Board ;11 (m) " prescribed " means prescribed by rules ;(n) " regulations " means regulations made by the Board ;(o) " rules " means rules made under this Act;1[(oa) [ Omitted}2[(P) wages means the rates of wages as declared under the Minimum Wages for Unskilled Worker Ordinance, 1969 (W.P.Ordinance XX of 1969) [(q) year , with respect to insurable employment means, a total of three hundredand sixty-five days for which contribution are payable, or, in the case of insured personswho are not paid for weekly holidays, a minimum of three hundred and twelve days.] 1 Self Assessment scheme omitted by Finance Act, 2005.2 Clauses (p) subs. by Finance Act, 2005. CHAPTER IIINSURED PERSONS 1[ 3. Compulsory Insurance . - A l l e m p l o y e e s i n a n i n d u s t r y o r establishment shall be insured in the manner prescribed by or under this Act.] 4. Administration .-(1) As soon as may be, after the commencement of this Act, the Federal Government shall establish or nominate by notification an Institution to be called the Employees' Old-Age Benefits Institution. (2) The Institution shall be a body corporate having perpetual succession and a common seal, with powers, subject to the provisions of the Act, to acquire,h o l d a n d d i s p o s e o f p r o p e r t y , b o t h m o v a b l e a n d i m m o v a b l e , a n d s h a l l b y t h e aforesaid name sue or be sued. 1