CHAPTER
III-A
Workers’ Welfare Boards
11-A. Constitution of
Workers’ Welfare Boards.-- (1) Where an allocation is made from the Fund to a
Provincial Government., any agency of the Federal Government, hereafter in this Chapter
referred to as the agency, or a body corporate under clause (a) of section 10, such
Provincial Government, agency, or as the case may be, body corporate may, by notification
in the official Gazette constitute a Board to be known as
Workers’ Welfare Board, hereafter in this Chapter referred to as the board for the
efficient management and administration of the allocated money and the projects or other
measures financed by such money.
(2) A Board shall consist of--
(a) a Chairman who shall be, in the case of a Board appointed--
(i) by a Provincial Government, Secretary to that Government in the department dealing
with matters relating to labour welfare; or
(ii) by an agency or a body corporate, such officer as the Federal Government may appoint;
and
(b) not more then nine other members to be appointed by the Provincial Government, agency
or, as the case may be, body corporate of whom--
(i) at least two shall be appointed from amongst the employers; and
(ii) at least two shall be appointed from amongst the workers.
(3) The members of a Board other than the Chairman shall hold office for such period and
on such terms and conditions as may be determined by the Provincial Government, agency or,
as the case may be, body corporate.
(4) No act of proceedings of a Board shall be invalid by reason only of the existence of a
vacancy in, or defect in the constitution of, the Board.
11-B. Board to be a body corporate, etc.-- (1) The Board shall
be a body corporate by the name notified by the Government agency or, as the case may be,
body corporate constituting it having perpetual succession and a common seal with power,
subject to this Ordinance, to contract, acquire, hold and dispose of property, both
movable and immovable, and shall be the said name sue or be sued.
(2) The head office of the Board shall beat such place as the Provincial Government,
agency or, as the case may be, body corporate constituting the Board may, by notification
in the official Gazette, specify.
(3) The Chairman of the Board shall be its chief executive and may appoint a Secretary and
such other staff on such terms and conditions as the Board may sanction.
(4) Subject to sub-section (3), all decisions of the Board shall be expressed in terms of
the opinion of the majority of the members of the Board present in a meeting and, in the
event of an equality of votes, the Chairman shall have a second or casting vote.
(5) The Provincial Government, agency or, as the case may be, body corporate may issue
directions to the Board constituted by it regarding matters of policy including matters
relating to scheme made under clause (a) of section 11-C.
Provided that if a difference arises as to whether a direction relates to a matter of
policy, the decision of the Federal Government shall be final.
(6) A casual vacancy in the office of a member shall be filled, as soon as may be, by the
nomination of another person and the person nominated to fill such vacancy shall hold
office for the unexpired term of his predecessor.
11-C. Powers, etc., of the Board.-- Subject to the provisions of
this Ordinance, the Board, for discharge of its functions under this Ordinance shall--
(a) as soon as may be after its constitution, make and carry into effect a scheme
regulating or providing for the regulation of--
(i) matters connected with allotment, conciliation of allotment and fixation of rent of
the houses financed by the money allocated from the Fund and their maintenance and
repairs;
(ii) any other measures for the welfare of workers financed by the money allocated from
the Fund; and
(iii) the expenditure in respect of the cost of management and administration of such
scheme;
(b) have the power to recover the rent and arrears of rent of such houses in the manner
laid down in section 11-D;
(c) have the power to evict any person from such house in the manner laid down in section
II-E;
(d) have the power to do any other thing necessary for, connected with, or incidental to,
the discharge of its functions under this Ordinance or the rules or scheme made
thereunder;
(e) get is accounts annually audited in the prescribed manner; and
(f) by notification in the official Gazette make regulations to regulate its procedure.
11-D. Recovery of rent.-- (1) Notwithstanding anything contained
in the Payment of Wages Act, 1936 (IV of 1936), where any rent or arrears of rent are due
from any person under the scheme made under section 11-C, they may be recovered.--
(a) by deduction by his employer from his wages, if the Board or any person authorized by
it in this behalf directs the employer so to do; or
(b) as arrears of land revenue or as a public demand if, upon the application of the Board
or any person authorized by it in this behalf, a Magistrate so directs.
Explanation.-- In this section and section 11-E, ‘Magistrate’ means a
Magistrate of the first class having jurisdiction 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) An employer making any deduction under sub-section (1) shall, within seven days from
the date on which the makes the deduction, pay the entire amount so deducted to the Board
entitled to receive it, and the payment so made, to the extent of the amount so paid,
shall constitute a valid discharge of the liability of the employer to the person form
whose wages the amount is deducted.
(3) If an employer, upon being directed by a Board or a person authorized by it to make a
deduction from wages under this section, fails without lawful excuse to comply with the
direction within the time specified therein he shall personally be liable to pay the
amount so required to be deducted, without prejudice to the liability of the person form
whom that money is due.
11-E. Eviction.-- (1) Notwithstanding anything contained in any
other law for the time being in force, including the West Pakistan Urban rent Restriction
Ordinance, 1959 (West Pakistan Ordinance No. VI of 1959), and the Karachi Rent Restriction
Act, 1953 (VIII of 1953), [*] a worker occupying a house constructed
with the money allocated from the Fund, who is directed by a Board or an officer
authorized by it in this behalf, by an order in writing to vacate the house, shall vacate
such house within a period of two months form the date of service of the order on him.
(2) If such a worker fails to vacate such house, within such period, the Board or the
officer authorized by it in this behalf may lodge a complaint with a Magistrate.
(3) The Magistrate on hearing the parties, may, notwithstanding anything contained in any
other law for the time being in force, summarily decided the case and may pass an order of
eviction giving the worker a reasonable time to vacate the house.
(4) When a Magistrate passes an order for the eviction of a worker, he may in such order,
also direct a police of officer to evict such worker and any other person occupying
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 (3).
(5) A police officer acting under an order of the Magistrate under clause (4) shall notify
the occupants of the premises in question the contents of the Magistrate’s order and
his intention to enter such house, allow at least two house time to the occupants thereof
to vacate it and give all reasonable facilities to the children and female occupants, if
any, to withdraw therefrom before applying any force for taking over the possession of
such house.
(6) Where a worker occupying such a house dies, the procedure prescribed in this section
shall mutatis mutandis and so far as applicable, apply for evicting any person who was
occupying 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 decreased worker, she shall not be
evicted before the expiry of nine months following the death of the worker.
11-F. Finality of order.-- An order passed by Magistrate under
section 11-D or section 11-E shall be final and no court or authority shall entertain any
plea as to the jurisdiction of the Magistrate or as to the legally or propriety of the
order or allow such an order to so called in question in any manner whatsoever.
