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THE PAYMENT OF WAGES ACT, 1936

THE PAYMENT OF WAGES ACT, 1936

THE PAYMENT OF WAGES ACT, 1936   The Payment of Wages Act, 1936, stands as a fundamental piece of legislation in Pakistan that safeguards the rights and interests of workers in relation to the payment of their wages. It aims to ensure the timely and full payment of wages to employees, promoting economic security and fair labor practices. This act is instrumental in preventing wage exploitation and serves as a cornerstone for workers’ rights within the country.   CONTENTS   Preamble 1 Short title, commencement and application 2 Definitions 3 Responsibility for payment of wages 4 Fixation of wage periods 5 Time of payment of wages 6 Wages to be paid in current coin or currency notes 7 Deductions, which may be made from wages 8 Fines 9 Deductions for absence from duty 10 Deductions for damages or loss. 11 Deductions for services rendered 12 Deductions for recovery of Advances 13 Deductions for payments to co-operative societies and insurance schemes 14 Inspector 15 Claims out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims 16 Single application in respect of claims from an unpaid group 17 Appeal 18 Powers of authorities appointed under Section 15. 19 Power to recover from employer in certain cases 20 Penalty for offences under the Act 21 Procedure in trial of offences 21-A [Omitted] 22 Bar of suits 23 Contracting out 24 [Omitted] 25 Display by notice of abstracts of the Act 26 Rule-making power     THE PAYMENT OF WAGES ACT, 1936 (IV OF 1936) 23rd April, 1936 An Act to regulate the payment of wages to certain classes of persons employed in industry. : — Preamble. : —  Whereas it is expedient to regulate the payment of wages to certain classes of persons employed in industry; It is hereby enacted as follows. : —  – 1. Short title. Extent, commencement and application. : —  (1) This Act may be called the payment of Wages Act, 1936. (2) It extends to the whole of Pakistan. (3) It shall come into force on such date as the Federal Government may by notification in the official Gazette, appoint. (4) It applies in the first instance to the payment of wages to persons employed in any factory and to persons employed otherwise than in a factory upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration. (5) The Provincial Government may after giving three months” notice of its intention of so doing, by notification in the official Gazette, extend the provisions of the Act or any of them to the payment of wages to any class of persons employed in any industrial establishment or any class or group of industrial establishments. (6) Nothing in this Act shall apply to wages payable in respect of a wage-period, which, over such wage-period, averaged more than [one thousand five hundred] rupees a month. 2. Definition. : —  In this Act, unless there is anything repugnant in the subject or context- (i) “factory” means a factory as defined in clause (i) of section 2 of the Factories Act, 1934 (XXV of 1934) ; (ii) “Industrial establishment” means any- (a) tramway or motor omnibus service; (b) dock, wharf or jetty ; (c) inland steam-vessel ; (d) mine, quarry or oil-field ; (e) plantation ; (f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale ; [(g) establishment of a contractor who, directly or indirectly, employs persons [x x x] to do any skilled or unskilled, manual or clerical labour for hire or reward in connection with the execution of a contract to which he is a party, and includes the premises in which or the site at which, any process connected with such execution is carried on. Explanation. “Contractor” includes a “sub-contractor, headman or agent.”]. (iii) “plantation” means any estate which is maintained for the purpose of growing cinchona, rubber, coffee or tea, and on which twenty-five or more persons are employed for that purpose ; (iv) “prescribed” means prescribed by rules made under this Act ; (v) “railway administration” has the meaning assigned to it in clause (6) of Section 3 of the Railways Act, 1890 (IX of 1890); and (vi) “wages” means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable, whether conditionally upon the regular attendance, good work or conduct or other behaviour of the person employed or otherwise, to a person employed in respect of his employment or of work done in such employment, and includes any bonus or other additional remuneration of the nature aforesaid which would be so payable and any sum payable to such person by reason of the termination of his employment, but does not include- (a) the value of any house accommodation, supply of light, water, medical attendance or other amenity, or of any service excluded by general or special order of the Provincial Government; (b) any contribution paid by the employer to any pension fund or provident fund ; (c) any travelling allowance or the value of travelling concession ; (d) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (e) any gratuity payable on discharge. 3. Responsibility for payment of wages. : —  Every employer [including a contractor] shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act. : — Provided that, in the case of persons employed (otherwise than by a contractor)- (a) in factories, if a person has been named as the manager of the factory under clause (e) of sub-section (1) of Section 9 of the Factories Act. 1934 (XXV of 1934), (b) in Industrial establishments, if there is a person responsible

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THE GOVERNMENT SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1973

THE GOVERNMENT SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1973

THE GOVERNMENT SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1973 The Government Servants (Efficiency and Discipline) Rules, 1973, are a set of regulations in Pakistan that outline the procedures and standards related to the efficiency, discipline, and conduct of government employees. Enacted in 1973, these rules provide a legal framework to govern the performance and behavior of civil servants working in various government departments and institutions. In this introduction, we will explore the historical context, key objectives, and legal significance of these rules. In exercise of the powers conferred by section 25 of the Civil Servants Ordinance, 1973 (No.XIV of 1973), the President is leased to make the following rules, namely: –   Short title, commencement and application. -(1) These rules may be called the Government Servants (Efficiency and Discipline) Rules, 1973. (2) They shall come into force at once and shall apply to every civil servant.   Definitions.- In these rules unless the context otherwise requires,- (1) “accused” means a Government servant against whom action is taken under these rules; (2) “authority” means the appointing authority prescribed in rule 6 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. Provided that in the case of disciplinary proceedings already initiated against a Government servant before 14th June, 2000, the powers of “authority” shall be exercised by the officer designated as such before the aforesaid date. (3) ”authorised officer” means an officer authorized by the authority to perform functions of an uthorized officer under these rules or, if no officer is so authorized, the authority; (4) ”misconduct” means conduct prejudicial to good order or service discipline or contrary to Government Servants (Conduct) Rules, 1964 or unbecoming of an officer and, a gentlemen and includes any act on the part of a Government servant to bring for attempt to bring political or other outside influence directly or indirectly to bear on the Government or any Government officer in respect of any matter relating to the appointment, promotion , transfer, punishment, retirement or other conditions of service of a Government servant; and (5) “Penalty” means a penalty which may be imposed under these rules.   Grounds for penalty.-Where a Government servant, in the opinion of the authority- (a) is inefficient or has ceased to be efficient; or (b) is guilty of misconduct; or (c) is corrupt, or may reasonably be considered corrupt because- (i)         he is, or any of his dependents or any other person through him or on his behalf is, in possession (for hich he cannot reasonably account) of pecuniary resources or of property disproportionate to his known sources of income; or (ii)        he has assumed a style of living beyond his ostensible means; or (iii)       he has persistent reputation of being corrupt; or (d) is engaged , or is reasonably suspected of being engaged, in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorized person and his retention in service is, therefore, prejudicial to national security, the authority may impose on him one or more penalties.   Penalties.-(1) The following are the minor and major penalties, namely- (a) Minor Penalties: (i)         withholding, for a specific period, promotion or increment, otherwise than for unfitness for promotion or financial advancement in accordance with the rules or orders pertaining to the service or post; (ii)        stoppage, for a specific period, at an efficiency bar in the time scale, otherwise than for unfitness to cross such bar; (iii)       recovery from pay of the whole or any part of any pecuniary loss cause to Government by negligence or breach of orders; (b) Major Penalties: (i)         reduction to a lower post or time-scale, or to a lower stage in a time scale; (ii)        compulsory retirement; (iii)       removal from service; and (iv)      dismissal from service. (2) Removal from service does not, but dismissal from service does, disqualify for future employment. (3) In this rule removal or dismissal from service does not include the discharge of a person- (a) appointed on probation, during the period of probation, or in accordance with the probation or training rules applicable to him; or (b) appointed, otherwise than under a contract, to hold a temporary appointment, on the expiration of the period of appointment; or (c) engaged under a contract in accordance with the terms of the contract.   Inquiry Procedure.-(1) The following procedure shall be observed when a Government servant is proceeded against under these rules:- (i) In case where a Government servant is accused of subversion, corruption or misconduct, the authorized officer may require him to proceed on leave or, with the approval of the authority suspend him, provided that any continuation of such leave or suspension shall require approval of the authority after every three months. Provided further that where the authority is President or Prime Minister, the Powers of the authority under this clause shall be exercised by the Secretary, Establishment Division. (ii) The authorized officer shall decide whether in the light of facts of the case or the interests of justice an inquiry should be conducted through an Inquiry Officer or Inquiry Committee. If he so decides, the procedure indicated in rule 6 shall apply. (iii) If the authorized officer decides that it is not necessary to have an inquiry conducted through an Inquiry Officer or Inquiry Committee, he shall- (a) by order in writing, inform the accused of the action proposed to be taken in regard to him and the grounds of the action; and (b) give him a reasonable opportunity of showing cause against that action: Provided that no such opportunity shall be given where the authority is satisfied that in the interest of the security of Pakistan or any part thereof it is not expedient to give such opportunity. (iv) On receipt of the report of the Inquiry Officer or Inquiry Committee ,or where no such officer or Committee is appointed, on receipt of the explanation of the accused, if any, the authorized officer shall determine

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Registering a Death in Pakistan

Registering a Death in Pakistan

Registering a Death in Pakistan: A Comprehensive Guide for Local and Overseas Cases   The registration of a death is a crucial legal procedure, carrying significant implications for both familial and state responsibilities. In Pakistan, this process is governed by a set of laws and procedures that ensure the deceased’s civil status is accurately updated and that legal matters such as inheritance and estate management can be properly addressed. The importance of death registration extends beyond legal formalities; it plays a key role in public health and demographic statistics, aiding in national planning and policy-making.   This article offers a comprehensive guide on how to register a death in Pakistan, detailing the necessary steps and documentation, whether the death occurs within the country or abroad. For overseas Pakistanis, the process involves specific procedures that ensure their loved ones’ deaths are recognized and recorded following Pakistani law. Legal Framework for Death Registration in Pakistan   The legal framework for death registration in Pakistan is governed by the National Database and Registration Authority (NADRA) Ordinance of 2000, alongside relevant provincial laws. This framework mandates the registration of all deaths to ensure accurate legal and public records.   Key Legal Provisions for Registering a Death in Pakistan Registration Requirement: Pakistani law requires that every death be registered, typically within 60 days of occurrence. Responsible Authorities: Local Union Councils, Tehsil Municipal Administrations (TMAs), and Cantonment Boards are tasked with death registrations in their respective jurisdictions. The data is then relayed to NADRA for national record-keeping. Legal Implications of Non-Registration: Failing to register a death can lead to complications in settling legal matters such as pensions, inheritance, and property rights and can impact demographic and public health data accuracy. Required Documentation for registering a Death in Pakistan Death Certificate: Issued by a hospital or medical practitioner, this certificate is the primary document for death registration. Proof of Burial: In addition to the death certificate, proof of burial or cremation is required. This is usually obtained from the cemetery or cremation facility. Verification in Unsupervised Deaths: In cases where a death occurs without medical oversight (i.e. through crime), a verification process by a local government official or community leader is necessary.   Procedure for Death Registration in Pakistan   Obtain a Death Certificate from the Hospital: The first step is obtaining a death certificate from the hospital or medical practitioner if the death occurred under medical supervision. In cases of death without medical oversight, a local government official or community leader may issue the certificate, following verification of the death. Acquire Proof of Burial or Cremation: Along with the death certificate, it is essential to provide proof of burial or cremation. This document is typically obtained from the cemetery, burial ground, or cremation facility where the final rites were performed. Visit the Local Registration Authority: The next of kin or a legal representative should visit the local Union Council, Tehsil Municipal Administration (TMA), or Cantonment Board office with the required documents. In rural areas, local government offices or village councils may handle the registration process. Submission of Registration Form:  A death registration form, provided by the respective authority, needs to be filled out accurately. This form will require details of the deceased, the cause of death, and information about the next of kin. Verification and Processing: The submitted form and accompanying documents will be verified by the authority. Any discrepancies or missing information may require additional verification or documentation. Issuance of Official Death Certificate by NADRA: Once the process is verified and accepted, NADRA issues an official death certificate. This certificate is a crucial document for legal and administrative purposes, such as inheritance and estate settlement. Reporting to Other Relevant Authorities: Depending on the circumstances, it might be necessary to report the death to other authorities or institutions (e.g., banks, insurance companies, etc.) for further administrative procedures. Adhering to this procedure ensures that all legal and administrative matters related to the deceased’s estate are managed effectively, reflecting the importance of timely and accurate death registration in Pakistan.   Registering a Death for Overseas Pakistanis   When a Pakistani citizen passes away abroad, registering their death with Pakistani authorities requires specific procedures, including the submission of proof of burial or cremation.   Report the Death to Local Authorities:  Initially, report the death to the local authorities in the country of death. This step is essential for obtaining a local death certificate. Obtain Local Death Certificate: Acquire the official death certificate from local health or civic authorities, detailing the cause and circumstances of the death. Contact the Nearest Pakistani Embassy or Consulate: Reach out to the nearest Pakistani embassy or consulate, which facilitates the death registration process for overseas Pakistanis. It is important to note that, in some cases, the body may not be buried in the country where the deceased is, and would therefore need to be brought to Pakistan for burial. PIA (Pakistan’s National Carrier) may assist with bringing the body back, usually with little to no charge. Translation and Attestation:  If the death certificate is not in English or Urdu, get it translated.  The translated and original documents must be attested by the Pakistani diplomatic mission. Proof of Burial or Cremation: Along with the death certificate, provide proof of burial or cremation. This document, obtained from the local burial or cremation facility (whether out of the country or whether the body was flown in for burial), is crucial for completing the registration process. The proof of burial or cremation ensures that the death is recorded with all due respect to religious and cultural practices. Submit Documents to the Pakistani Embassy: Submit the attested death certificate, proof of burial or cremation, and other relevant documents to the embassy or consulate. The embassy forwards these documents to the authorities in Pakistan for official registration. Registration with NADRA: The embassy coordinates with NADRA to register the death, updating the national records essential for legal proceedings in Pakistan. Issuance of Pakistani Death Certificate: After the death is registered,

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