Workmen's Compensation Act, 1923 — section 34

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 notification 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 full-stop. 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. 1-4-1937). 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 re-numbered as sub-section (1) of that section by the Workmen’s Compensation (Amdt.)Act, 1937 (7 of 1937), s. 2 (w.e.f. 4-3-1937). 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. 28-3-1949). 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 sub-section (2) added, ibid.

(2)Where money deposited with a Commissioner has been so transferred in accordance with the rules made under this section, 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 [SCHEDULE-I 2 [See section 2 (1) and (4)] LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT. Sr. No. Description of injuries Percentage of loss of earning capacity. 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 unable 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 1Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and 1st Sch. (w.e.f. 13-4-1972,) 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”. Amputation cases‑Lower limbs 11. Amputation of both feet resulting in end‑bearing stumps .. .. 90 12. Amputation through both feet proximal to the metatarsophalangeal joint .. .. .. .. .. 80 .. .. .. .. 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 .. .. .. .. .. .. 15. Loss of all toes of both feet distal to the proximal inter phalangeal joint .. .. .. .. .. 20 .. .. .. .. 16. Amputation at hip .. .. .. .. .. .. .. 90 17. Amputation below hip with stump not exceeding 5” in length measures from tip of great 80 trochanter .. .. .. .. .. .. 18. Amputation below hip with stump exceeding 5" in length measured from tip of great 70 trochanter but not beyond middle high. .. .. SCHEDULE Sr. No. Description of injuries Percentage of loss of earning capacity. 19. Amputation below middle thigh to 3‑1/2" below knee 60 20. Amputation below knee with stump exceeding 3‑1/2in. but not 50 exceeding 5in .. .. .. .. 21. Amputation below knee with stump exceeding 5in. .. 40 22. Amputation of one foot resulting in end‑bearing .. 30 23. Amputation through one foot proximal to the metatarso- phalangeal 30 joint .. .. .. 24. Loss of all toes of one foot through the metatarso-phalangeal joint .. .. .. 20 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 30 of eyeball, the other being normal .. .. .. .. .. .. 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 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 SCHEDULE-II [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 1 [(i) employed, otherwise than 2* * * on a railway, in connection with the operation or maintenance of 3[a lift or a vehicle propelled by steam or other mechanical power or by electricity]; or

(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 defined in 5[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 section 3 of the Mines Act, 1923, (IV of 1923) in any mining operation, or in any kind of work, 8* * * incidental to connected with any mining operation or with the mineral obtained, or in kind or work whatsoever below ground: 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. 7-2-1973). 3 Subs. by the Work men’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. 15-3-1957). 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 Work men’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 6. (w.e.f. 7-2-1973). 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. 162-163. 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”. 5Subs. by Act 11 of 1957 s. 10, for the original sub-clause (a).

(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 Department 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 operations ; 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, 1* * *, on any estate which is maintained 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 Work men’s Compensation (Amdt.) Act, 1973 (14 of 1973), s. 6 (w.e.f. 7-2-1973). 2 The word “Indian” omitted by A.O., 1949 (w.e.f. 28-3-1949). 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 Work men’s Compensation (Amdt.) Act, 1957 (11 of 1957), section 10 (w.e.f. 15­3­1957), for “fifty”.

(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 intended 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 preceding 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. 5-4-1938). 2 The existing cl. (xxiii) re-numbered as cl. (xxv), ibid. 3 The word “or” and cls. (xxvi) and (xxvii) ins., ibid. SCHEDULE-III (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

(c)involving the loading, unloading or transport of any merchandise. 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. 2 PART B] 4 Lead poisoning or its sequelae Any process involving the use of lead [or any of its preparations or compounds except lead 3 (excluding poisoning by lead tetra‑ethyl]. tetra‑ethyl). Phosphorus poisoning or its sequelae. Any process involving the use of phosphorus or its preparations or compounds. 5 Any process involving the use of mercury or its preparations or compounds. [Mercury poisoning or its sequelae. Poisoning by benzene and its Handling benzene or any of its homologues and any process in the manufacture or homologues, or the sequelae involving the use of benzene or any of its homologues. of such poisoning. Chrome ulceration or its sequelae Any process involving the use of chromic acid or bichromate of ammonimum, potassium or sodium, or their preparations. 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, substances, or X‑rays.

(a)radium and other radioactive substances ;

(b)X‑rays, Primary epitheliomatous cancer of the Any process involving the handling or use of tar, pitch, bitumen, mineral oil, paraffin, or skin. 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. 5-4-1938). 2 This part 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 Work men’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. 1 SCHEDULE-IV (See section 4) COMPENSATION PAYABLE IN CERTAIN CASES. 2 *** Amount of compensation for Half‑monthly payment as compensation for temporary disablement Death Permanent Total disablement 1 2 3 4 2 ** * Rs. Rs. 3 3 [2,00,000] [2,00,000] 1/2 of the monthly wages during the period of disablement or a period of one year, reckoned from the date of injury, which ever is less and thereafter only in cases of chronic lung diseases 1/3 of the monthly wages during the period of disablement or for a period of 5 years, reckoned from the date of injury, whichever is less. 1 Subs. by Act XI of 1994 & Sch. 2 First Column Omitted by Act IV of 2007, s. 2 (w.e.f. 1-7-2007). 3 Subs. by ord. 53 of 2001, s. 2, Sch. (w.e.f. 1-7-2001).