In the Employees' Old-Age Benefits Institution Act, 1976 (XIV of 1976), the Following amendments shall be made, namely:-

(1) in section 1, in sub-section (4),
      (a) in clause (i),

(i)  For the word "ten" occurring twice, the word "five" shall be substituted
(ii) For the colon at the end, a full stop shall be substituted and thereafter the
     proviso shell be omitted; and

     (b) in clause (ia) for the word "twenty", the word "five" shall be substituted;

(2) in section 9, in sub-section (1), for word "six" the work "five" shell be
     substituted;

(3) in section 22, in sub-section (2), in clause (ii) for the full stop at the end, a
     colon shell be substituted and thereafter the following proviso shell be added
     namely:-
                 "Provided that nothing in this section shell apply to an employee insured
                  under this Act on or after Ist day of July, 2008."

(4) in section 47, clause (e) shell be omitted ; and

(5) In the Schedule,-
     (a) for paragraph (2), the following shell be substituted, namely:-

          "(2) The monthly wages of an insured person, referred to in paragraph
                 (1), shell be calculated on the basis of wages on which contribution were
                 paid in respect of the twelve calendar months immediately preceding the
                 date on which insured person fulfils the conditions for entitlement to any
                 benefits under this Act;

                Provided that the old-age pension or invalidity pension payable to an
                insured person and survivor's pension payable to the survivors of the
                deceased insured person shall not be less than two thousand rupees per
                month for  pension commencing on or after 1st day of July 2008."; and

  (b)         in paragraph (3) for the figure "2007" the figure "2008" shell be
               substituted.          

Amendments of Act XIV of 1976.—In the Employees’ Old-age Benefits Act, 1976 (XIV of 1976), the following further amendments shall be made, namely:— 

(1) in section 1, in sub-section (4), in clause (i),

(a)        the word “or” at the end shall be omitted and the semicolon, shall be substituted by colon and thereafter the following proviso shall be added, namely:—

“Provided that for the industry or establishment set up on or after first day of July, 2006 the number of persons shall be enhanced from “ten” to “twenty”;

(b)       in clause (ia) for the word “ten” the word “twenty” shall be substituted;

(2)        in the Schedule, in paragraph (2), in proviso, for the words “one thousand” the words “one thousand and three hundred” and for the word and figure “January, 2005” the word and figure “July, 2006” shall be substituted.

ISLAMABAD (August 28 2002) President General Pervez Musharraf has promulgated Employees' Old-age Benefits (Amendment) Ordinance, 2002 to further amend Employees' Old-age Benefits Act, 1976.

The Ordinance will come into force at once.

Following is the text of the Ordinance"

ORDINANCE NO. XLVI OF 2002.

AN ORDINANCE further to amend the Employees' Old-age Benefits Act, 1976

WHEREAS it is expedient further to amend the Employees' Old-age Benefits Act, 1976 (XIV of 1976), for the purposes hereinafter appearing;

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No 1 of 1999, read with the Provisional Constitutional (Amendment) Order No 9 of 1999 and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:-

1. Short title and commencement (1) This Ordinance may be called the Employees' Old-age Benefits (Amendment) Ordinance, 2002.

(2) It shall come into force at once.

2. Amendment of section 2, Act XIV of 1976.- In the Employees' Old-age Benefits Act, 1976 (XIV of 1976), hereinafter referred to as the said Act, in section 2,-

(a) in clause (a) for the word "widow's" the word "Survivor's" shall be substituted; and

(b) for clause (oa) the following shall be substituted, namely;

"(oa)" "self-assessment scheme means a self-assessment scheme for which the employer has opted and applied to the Institution on such form as prescribed."

3. Amendment of section 8, Act XIV of 1976.- In the said Act, in section

(a) in clause (a), the word "and" at the end shall be omitted;

(b) in clause (b), for the it'll stop the semicolon and the word"; and shall be substituted; and

(c) after clause (b), amended as aforesaid, following new clause shall be added, namely;-

"(c) to co-opt any other technical person by name as member on the Board for a specific purpose and for such limited period as decided by the Board."

4. Amendment of section 9, Act XIV of 1976.- In the said Act, in section 9-(a) in sub-section (1),-

(i) in the second proviso, for the word "pension" the words "old-age pension" shall he substituted; and

(ii) for the third proviso, the following shall he substituted, namely:- "Provided also that in case an employer opts for self-assessment scheme, he shall be liable to pay fixed amount of one hundred and fifty rupees in respect of every person in this insurable employment irrespective of his wages or emoluments, and the wages for the purpose of calculation of benefits shall be treated as three thousand rupees per month."; and

(b) in sub-section (3) for the word "contribution" the words "employer's share of contribution" shall be substituted.

5. Amendment of section 12, Act XIV of 1976.- In the said Act, in section 12,

(a) in sub-section (1), in clause (c), for the colon a full stop shall be substituted and the provision shall be omitted; and

(b) for sub-section (2) the following shall be substituted, namely: -

"(2) The official referred to in section (1) shall not ordinarily demand production of account books and other documents referred to in clause (b) of sub-section (1) for more than two years and shall be bound to secrecy as regards all matters with which he becomes acquainted in the performance of his duties and which do not relate to matters provided for in this Act:

Provided that checking of record in case of those employers who have not opted for Self-Assessment Scheme shall only be done once in a year, with fifteen day's prior notice, by an officer not below the rank of Assistant Director."

6. Insertion of new section 12A, Act XIV of 1976.- In the said Act, after section 12, the following new section 12A shall be inserted, namely:-

"12A, Self Assessment Scheme, (I) Any employers may opt and apply for registration under the self-assessment scheme to the Institution by declaring the number of employees and their required particulars on the prescribed form. The declaration so made shall be accepted without any question provided no demand of contributions previously created remains outstanding against such empl

(2) Any employers who is already registered under normal pension scheme and opts for registration under self assessment scheme shall not decrease the total amount of contributions and number of insured persons already registered immediately prior to exercising his option for self assessment scheme.

(3) The employer shall ensure that the amount of contribution and number of registered insured workers declared by him shall not decrease during the period of two years of self-assessment scheme.

(4) The officials of the Institution shall not enquire into or inspect any establishment which has opted for self-assessment scheme for a period of two years from the date of submission of application for ascertaining the amount of the contribution and number of insured persons.

(5) At expiry of two years period, if the employer wishes to continue on self-assessment scheme, one time checking of the record shall be done, as provided in sub-section (1) of section 12, by an officer not below the rank of Deputy Director and no question will be asked about the previous years."

7. Amendment of section 21, Act XIV of 1976.- in the said Act, for section 21 the following shall be substituted, namely;-

"21. The Institution shall, at intervals of not more than three years, have an actuarial valuation made in the prescribed manner of its assets and liabilities and no change in rate of contribution or benefit under this Act shall be made without proper actuarial valuation."

8. Amendment of section 22, Act XIV of 1976.- In the said Acts, in section 22.-

(a) in sub-section (1),-

(i) In the first proviso, in clause (b) for the word "payable" the word "paid" shall be substituted;

(ii) in second proviso, for the semicolon, at the end, a colon shall be substituted; and

(iii) after the second proviso, amend as aforesaid, the following shall be added, namely;-

"Provided also that where the employee was insured under the provisions of this Act on or before 30th June 2002, and contributions payable under the Act by the employer prior to 30th June, 2002, in respect of said insured person had not been paid, the insured person shall enjoy the rights under this Act as if for the word "payable" the word "paid" were not substituted:

"Provided further that where the contribution under section 9B is paid regularly by the insured person himself in accordance with prescribed procedure, his entitlement to the benefit shall not be affected by default in payment of employer's share of contribution under section 9."; and

(b) in sub-section (2C), in clause (c), for the word "payable" the word "paid" shall be substituted,

9. Amendment of section 22-A, Act XIV of 1976.- In the said Act, in section 22A,

(a) for the word "payable" occurring twice the word "paid" shall be substituted; and

(b) for the full stop, at the end, a colon shall be substituted and thereafter the following provisos shall be added, namely:-

"Provided that where the employee was insured under the provision of this Act on or before 30th June 2002, and contributions payable under the Act by the employer prior to 30th June 2002 in respect of said insured person had not been paid, the insured person shall enjoy the rights under this Act as if for the word "payable" the word "paid" were not substituted:

Provided further that where the contribution under section 9B is paid regularly by the insured person himself in accordance with prescribed procedure, his entitlement to the benefit shall not be affected by default in payment of employer's share of contribution under section 9."

10. Amendment of section 23, Act XIV of 1976.- In the said Act, in section 23,-

(a) for the word "payable" wherever occurring the word "paid" shall be substituted; and

(b) in sub-section (1), for the full stop, at the end, the colon shall be substituted and thereafter the following provisos shall be added, namely;-

"Provided that where the employee was insured under the provision of this Act on or before 30th June 2002, and the contribution payable under the Act by the employer prior to 30th June 2002, in respect of said insured person had not been paid, the insured person shall enjoy the rights under this Act as if for the word "payable" the word "paid" were not substituted in clause (a) and (b):

Provided further that where the contribution under section 9B is paid regularly by the insured person himself in accordance with prescribed procedure, his entitlement to the benefit shall not be affected by default in payment of employer's share of contribution under section 9."

11. Amendment of section 37, Act XIV of 1976.- In the said Act, in section 37 in clause (c), for the word "contribution" the words "employer's share of contribution" shall be substituted.

12. Amendment of section 44, Act XIV of 1976.- in the said Act, in section 44, in sub-section (2), in clause (1), for the word "Chairman" the word "President" shall be substituted.-APP

Whereas it is expedient further to amend the Employees Old Age Benefits Act, 1976 for the purposes hereinafter appearing;

It is hereby enacted as follows: -

1.         Short title, extent and commencement:

(1)    This Act may be called the Employees’ Old-Age Benefits (Amendment) Act, 2003.

(2)    It extends to the whole of Pakistan.

(3) It shall come into force at once.

2.         Insertions  in Section 2  Act XIV of 1976

(1)        In Section 2 after sub-section (m) two new sub-sections will be inserted as under:

(ma)     “Region” means an administrative unit of the Institution.

(mb)     “Regional Head” means an officer who is in-charge/ head of the  Region.

(mc)      “Zonal Head” means an officer who is in-charge /head of the Zone.

(md)     “Zone” means an administrative unit of the Institution which supervises/monitors the Regions

                under its administrative control.

(2)          In Section 2 after Sub-section (oa) the following two sub-sections shall be inserted:

                (ob) “Seasonal Industry” means any industry dealing with

 i)             sugar manufacturing,

 ii)            cotton ginning,

iii)            oil extraction,

iv)            rice shelling and husking,

v)             tobacco leaf processing,

vi)            date processing and

vii)           citrus fruit juice extraction,

(oc) “Universal Self-Assessment Scheme” means a scheme, for which the employer has opted and applied to the Institution on prescribed form, under section 12B of the Act and himself makes assessment of the contribution due from him, in the prescribed manner,

3.         Amendment in Section 9, of EOB Act XIV of 1976

(1)       Sub-section (1) of section 9 of the Act will be substituted as under

“On or after the first day of July 1976, contribution shall be payable every month by the employer to the Institution

 in respect of every person in his insurable employment, at rate

as specified hereunder:

(a)        An employer who opts neither for self Assessment Scheme nor for Universal Self Assessment

Scheme, at the rate of 5% of his wages in the prescribed manner.

Provided that no contribution shall be payable on so such of an insured person’s wages as is in excess of

five thousand rupees;

(b)     An employer who opts for self-Assessment Scheme at the rate of Rs. 150/=, in prescribed manner.

(c)    An employer who opts for Universal Self-Assessment Scheme under Sect. 12B, at rates as

specified in the Schedule-II

Provided that no contributions shall be payable in respect of an insured person who is in receipt of pension under this Act or has attained the age of sixty years, or fifty-five years in the case of a woman.

4.         Amendment in section 9B of the Act,

Section 9B of the Act, shall be substituted as under:

(1)    On and from the first day of July, 2001, the contribution shall be payable every month by an insured person employed in an establishment or industry not covered under universal self-assessment scheme, at the rate of twenty rupees in the prescribed manner

(2)     On and from the first day of July, 2004, the contribution shall be payable every month by an insured person employed in establishment or industry covered under Universal Self-Assessment Scheme, at the rate as specified in schedule-II in the prescribed manner

(3)      The employer may deduct the share of insured person’s contribution from his wages and shall deposit in prescribed manner from the dates specified in clauses (1) and (2) above.

5.         Insertion of Section 11A

After section 11, following new section shall be inserted: -

11-A         Protection for Self-Registration:

(1) No employee making application under self-registration scheme, in the prescribed manners, on the basis of bona fide particulars, facts and evidence shall be terminated or dismissed without intimation to the officer of EOBI holding jurisdiction on the employer giving the reasons for such termination or dismissal along with copy of enquiry report and order of Competent Authority.

(2) The termination or dismissal of an employee who, being eligible for registration, applied for self registration; without proper service of order to the concerned officer of EOBI shall be deemed void for the purpose of EOB Act, 1976 and the employer shall continue to be liable to pay contribution in respect of said employee in accordance with the provisions of the Act.

Provided that above provision shall not be applicable to an employee who has been dismissed or terminated for the reasons other than the intention of inflicting punishment for seeking self registration.

(3) Where the Regional Head has reasons to believe that an employee who submitted application as mentioned in sub-section (1) has been terminated or dismissed solely for submission of application for self-registration, he may pass the order to determine the liability of the employer for payment of contribution and report the case to the Labour Department for suitable action under the law.

(4) Both the employer, who terminates and the employee whose services are terminated, for the aforesaid reasons, may file petition, review and appeals under section 33, 34 and 35 of the Act XIV, 1976.

6.          Re-numbering of existing Section 11A

The existing section 11A shall be renumbered as section 11B.

7.          Insertion of Sub-Section (4) in Section 12 of the Act, 1976

In section 12 after sub-section (3) new sub-section (4) will be added, namely

“Notwithstanding any thing contrary in subsection (2), in case of miss-reporting, miss-declaration of facts regarding wages paid or number of employees by the employer or underassessment of contribution proved by clear  and convincing evidence in connivance with the officer of the Institution, resulting in incorrect determination of liability, re-assessment may be made after approval of Zonal Head after rechecking of record and evidence by an officer not below the rank of Deputy Director.”

Provided that no re-assessment shall be allowed after expiry of two years from the date of assessment order under Sub-Section (3)of  Section 12.

8.      Amendment in Section 12 A. of the Act, 1976

(1)    In subsection (1) of section 12A the following proviso shall be added, namely:

“Provided that the option to apply for self assessment scheme, as mentioned above, shall not be available after commencement of Universal Self-Assessment Scheme.”

(2)     The sub-section (5) of the Section 12 A of the said Act shall be substituted as under:

“An employer, who has already opted for Self-Assessment Scheme under the provisions of the Act, may continue to pay contribution under Self-Assessment Scheme until expiry of the two years from the effective date of the option or opt for Universal Self Assessment Scheme before expiry of said two years.

9.         Insertion of Section 12B, Act XIV of 1976

In the said act after section 12 following new section shall be inserted, namely: -

12B   “Universal Self-assessment scheme”

(1)   Any employer may opt and apply for registration under the universal self assessment scheme to the Institution by declaring the number of employees and their required particulars on the prescribed form. The Institution shall accept the declaration so made by the employers, provided that the number of employees declared and amount of contribution paid is not less than the amount payable in the preceding year.

(2)      Under the universal self-assessment scheme, only 10% of the total cases of employers, shall be selected each year, on the basis of random or parametric selection or on the basis of evidence for under statement by the Zonal Head before a specified date, for inspection and verification of Books of Accounts under the provisions of the Section 12 of the said act.

(3)  An employer who has opted for registration under the Universal Self-Assessment Scheme, may vary the number of employees for whom he is paying EOB Contribution subject to verification of his books of accounts by an authorized officer of the Institution not below the rank of Assistant Director.

10.     Amendment in Section 22 of Act, Act XIV of 1976

(1)     In sub-section (1) of section 22 the word “Schedule” shall be substituted word “Schedule-I”.

(2)     Sub-section (1) of section 22 shall be substituted as under:

(1)     An insured person shall be entitled to a monthly old-age pension at the rate specified in the

           schedule.

          Provided that:-

(a)        he is over sixty years of age, or 55 years in the case of a woman; and

(b)        contributions in respect of him were paid  for not less than fifteen years.

(c )       the age specified in clause (a) will be reduced by five years in the case of an insured person

 employed in the occupation of mining for at least ten years immediately preceding retirement.

(d)      in case an insured person has worked at least for seven years in a seasonal industry before his

retirement, clause (b) of subsection (1) shall have effect as if for the word ”fifteen” therein the word

“ten” were substituted.

Provided also that where the employee was insured under the provisions of this Act on or before 30^th June 2002, and contributions payable under the Act by the employer prior to 30^th June, 2002, in respect of said insured person had not been paid, the insured person shall enjoy the rights under this Act as if for the word “payable” the word “paid” were not substituted:

“Provided further that where the contribution under section 9B is paid regularly by the insured person himself in accordance with prescribed procedure, his entitlement to the benefit shall not be affected by default in payment of employer’s share of contribution under section 9” and

(3)    Subsection (2) of Section 22 of the Act shall be omitted.

11.        Amendment in Section 22B of the Act XIV of 1976

In subsection (1) and (1A) after words “the minimum pension” words “as per schedule-I “ will be inserted

12.       Insertion od Section 22C of the Act,( Act XIV of 1976)

            Section 22C:

            Death Grant.

(1)      In case of death of an insured person, while in insurable employment, before completion of 36 months of insurable employment, but not less than 24 months, the surviving spouse shall be entitled to a death grant payable in lump sum equal to one month average wages for every completed year of insurable employment or part thereof in excess of six months.

(2)      In case of death of an insured person, while not in insurable employment, before completion of five years of insurable employment, but not less than two years, the surviving spouse shall be entitled to a death grant payable in lump sum equal to one month average wages for every completed year of insurable employment or part thereof in excess of six months.

13.        Amendment in section 23 of the Act XIV of 1976

In subsection (1) the word “Schedule” will be substituted by word “schedule-I”

14.       Amendment in Section 33 of Act XIV of 1976

In clause (ee) of section 33 after word “establishment” semi colon shall be omitted and a coma & words “or registration under section 11 A” shall be inserted.

15        Amendment in Section 35 of Act XIV of 1976

In Section 35 of the Act the full stop after the word “Board” shall be omitted and the following words shall

be added:

“and endorse a copy thereof to the Zonal Head, against whose order the appeal is preferred.”

16.       Amendment in Schedule

The schedule appended with the Act, shall be substituted with Schedule-I, namely:

SCHEDULE-I

(See Section 22 & 23)

(1)   The monthly rate of old-age pension, survivors pension or invalidity pension payable to an insured person employed in establishment not registered in  self-assessment scheme, under section 12A or universal self-Assessment scheme under section 12B shall be calculated in accordance with the following formula, namely:-

Average monthly wages x  Number of years of insurable employment

50

(2)  The average monthly wages of an insured person referred to in paragraph (1) shall be calculated on the basis of wages on which contributions were paid in respect of the twelve calendar months, immediately preceding the date on which the insured person fulfils the conditions specified in section 22 of section 23 as the case may be:

(3)        The monthly rate of the old-age pension, survivor’s pension or invalidity pension payable to an insured person employed in an establishment registered in Self Assessment Scheme under section 12A shall be calculated in accordance with the following formula, namely

 Rs. 3000  x  Number of years of insurable employment

50

(4) The old age pension, survivor’s pension or invalidity pension payable to an insured person referred in paragraph (1) & (3) above, shall not be less than seven hundreds rupees per month for pension commencing on or after the first day of July, 2001

(5)        Subject to paragraph (7) and (8) , herein below, the monthly rate of Old-age Pension, Survivors’ pension or Invalidity pension payable to an insured person employed in establishment registered under universal self-Assessment scheme under section 12B, shall be determined on the basis of the following table:-

TABLE

(6)  A period of six months or more of insurable employment shall be treated as one full year, insurable employment completed by the insured person after becoming entitled to old-age pension.

(7))       The rate of Old-age Pension, Survivors’ pension or Invalidity pension in respect of an insured person who is employed in an establishment registered under Universal self assessment scheme under section 12B and fulfils all the three of the following conditions, shall be computed in accordance with paragraph(8):

(a)    He was in insurable employment on the date of introduction of universal self assessment scheme,

(b)    Contribution in respect of him were received by the Institution for at least 36 months prior to the

date of introduction of the of universal self assessment scheme,

(c)    He became entitled to a pension during the period of 5 years following the introduction of the of

universal self assessment scheme,

(8)          The rate of monthly Old-age Pension, Survivor’s pension or Invalidity pension in respect of an insured

person who fulfils the conditions specified in paragraph (7), shall be the greater of (A) and (B), below

(A)       The Pension calculated in accordance with the table given in paragraph (5), above,

(B)       is the sum of:

(a)  (Average monthly wages) X (Number of years of insurable employment completed up to the date of introduction of USAS)

                                                                                                          50

                                                                                                         and

(b)   (Number of years of insurable employment completed after introduction of USAS) X (the applicable basic rate of OAP,SP,IP specified in table given in paragraph (5))

                                                                                                           15 

17.       Insertion of Schedule-II in the Act, 1976

The following Schedule II shall be appended to the Act:

Schedule-II

(See Sections 9(1)(c ) & 9B)

The employer and insured person of an establishment or Industry registered in Universal Self-Assessment Scheme under Section 12B, shall pay contribution at the rates as specified in the following table:-

TABLE