Special Assignment-OHS Laws Comparison Sr# 1 2 Clause/Section Ref Def: Employee Def: Employer Punjab OHS Act -2019 Requirements Sindh OHS Act -2017 Requirements Employee means any person employed or engaged, whether directly or indirectly for wages or any other form of any other consideration or a volunteer to do any skilled or unskilled, professional, technical, clerical, manual or other work, in connection with the affairs of an establishment under any contract of service or apprenticeship, whether written or oral, express or implied and includes such a person when laid off or terminated; retrenched; dismissed and or removed from employment under this Act. Employer means a person or agent that employs, contracts or engages in any manner whatsoever one or more people for wages or salary. Name Faiz Fareed Submission By Roll Number Difference / Comments Punjab act provides the definition of the Employee as given in the column while Sindh act does not use the word Employee in it’s definition but the word “Worker” instead. Employer means the owner of an establishment and includesi. In a factory, the name of the person who shall be the occupier and manager for the purposes of this Act. ii. In any industrial establishment under the control of any department of the Federal Government or Government, or District Government, the authority appointed by such Government in this behalf, or where no such authority is so appointed, the head of the department; and MSEH-S20-004 Punjab act defines Employer as person or agent that employs, contracts or engages in any manner whatsoever one or more people for wages or salary while Sindh act mentions Employer as the Owner of the establishment. While Punjab act does not explains the following highlighted information of in the definition of the employer but is defined in Sindh Act. i. In a factory, the name of the person who shall be the occupier and manager for the purposes of this Act. iii. In any other industrial establishment or commercial establishment, any person responsible to the owner for the supervision and control of such establishment. ii. iii. 3 Def: Establishment Establishment includes any business, trade, profession, service, office, firm, factory, society, undertaking, company, educational institution, hospital, clinic, laboratory, shop, workshop, warehouse, enterprise or organization of whatsoever nature including transportation which employs or engages an employee directly or through a contractor or sub-contractor for the purpose of carrying on any business activity, industry or excavation and includes all its departments, branches Name Faiz Fareed Submission By Roll Number Establishment means any industrial or commercial establishment, business, trade, profession, service, office, firm, factory, society, undertaking, company, educational institution, hospital, shop, premises, enterprise or organization of whatsoever nature through a contractor for the purpose of carrying out any business, industry or MSEH-S20-004 In any industrial establishment under the control of any department of the Federal Government or Government, or District Government, the authority appointed by such Government in this behalf, or where no such authority is so appointed, the head of the department; and In any other industrial establishment or commercial establishment, any person responsible to the owner for the supervision and control of such establishment. In Punjab act establishment includes clinic, laboratory, workshop, warehouse, transportation which employs or engages an employee directly or through contractor or sub contractor while Sindh acts does not. In Sindh act establishment specifies in it industrial and and premises whether situated at the same place or at different places. 4 5 6 Def: Factory Def: Harm Factory means any premises or the precincts thereof, where one or more employees are working or were working on any day of the preceding twelve months and in any part of which a manufacturing process is to be carried out or is ordinarily carried out with or without the aid of power but does not include a mine. Harm means illness, disease, injury or a combination of these and includes physical or mental harm caused by any work-related incident. excavation and includes all its departments and branches, whether situated at the same place or at different places. Factory means any premises, including the precincts thereof, whereon ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on or is ordinarily carried on with or without the aid of power, but does not include a mine. Harm means – (i) illness, injury, or both; and (ii) includes physical or mental harm caused by work related stress. Premises means any place, and in particular, includes – (i) any land, building or part thereof; (ii) any vehicle or watercraft; (iii) any installation on land (including the foreshore and Def: Premises Name Faiz Fareed Submission By Roll Number MSEH-S20-004 commercial establishment, the word premises while Punjab does not. In definition of factory Punjab act includes any premises or the precincts thereof, where one or more employees are working or were working on any day of the preceding twelve months and in any part of which a manufacturing process is to be carried out or is ordinarily carried out with or without the aid of power but does not include a mine. While I Sindh act it comprised o ten or more workers. Punjab act uses word employee while Sindh work uses as worker Harm in Punjab act includes disease while Sindh act does not. Punjab acts includes physical or mental harm caused by any workrelated incident while Sindh act includes physical or mental harm caused by work related stress Premises definition in Punjab act is very brief and in Sindh act, it is very detailed. Sindh act includes following in definition which Punjab acts does not include. Premises means any place and includes a land, building or part of any building. 7 8 Def: Machinery Def: Self-employed person Machinery means an engine, motor or other appliances providing energy derived from compressed air, the combustion of fuel, electricity, gas, gaseous products, steam, water, wind or any other source; and includes: i. Any plant by or to which the motion of any machinery is transmitted. ii. A lifting machine, a lifting vehicle, a machine whose motive power is wholly or partly generated manually and a tractor. Self-employed person means an individual who works for gain or reward otherwise than under a contract of Name Faiz Fareed Submission By Roll Number other land intermittently covered by water), any offshore installation, and any other installation (whether floating, or resting on the seabed or the subsoil thereof or resting on other land covered with water or the subsoil thereof); and (iv) any tent or moveable structure; Machinery includes all plants whereby power is generated, transformed, transmitted or applied. Self-employed person means an individual who works for gain or reward otherwise than under a contract of employment, MSEH-S20-004 (ii) any vehicle or watercraft; (iii) any installation on land (including the foreshore and other land intermittently covered by water), any offshore installation, and any other installation (whether floating, or resting on the seabed or the subsoil thereof or resting on other land covered with water or the subsoil thereof); and (iv) any tent or moveable structure; Definition of machinery in Punjab act details comprehenssivley what is machinery while Sindh acts details it as all pants all plants whereby power is generated, transformed, transmitted or applied. Punjab act machinery definition includes A lifting machine, a lifting vehicle, a machine whose motive power is wholly or partly generated manually and a tractor while the sindh act does not. The definition is almost same. 9 10 11 Def: Workplace Def: Contractor Def: Hazard employment, whether or not that person employs other persons. Work place means any premises where work is carried out, by one or more persons and includes premises used for the storage of tools, machinery, equipment or substances: Explanation: A person is in a place of work wherever he may perform work, including a place that the person moves through. whether or not that person employs others. Workplace or "place of work" mean any premises where work is carried out, by one or more persons and includes premises used for the storage of tools, machinery, equipment or substance. Contractor means any person or a body, whether incorporated or not, who contracts with a principal to carry out the whole or part of any work undertaken by the principal in the course of or for the purpose of the principal’s trade or business and includes subcontractor. Contractor means any person or a body, whether incorporated or not, who contracts to carry out the whole or any part of any work undertaken in the course of or for the purpose of trade or business, and includes sub-contractor; Hazard means any activity, arrangements, circumstances, events, occurrences, phenomenon, processes, situations, or substances (whether arising or used within or outside a place of work) that is an actual or potential cause or source of harm; and includes – (i) a situation where a person’s behavior may be an actual or potential cause or source of harm Hazard means an activity, arrangements, circumstances, event, occurrence, phenomenon, process, situation or substance, whether arising or used within or outside a place of work that is an actual or potential cause or source of harm. Name Faiz Fareed Submission By Roll Number MSEH-S20-004 In Punjab act Workplace definition does not contain alternative word “Place of work” for Workplace while Sindh act contains. Punjab act also explains work place as : A person is in a place of work wherever he may perform work, including a place that the person moves through. While Sindh act does not Both acts have same definition of contractor except in Punjab act there is use of principal trade while in Sindh act it is only trade. The definition of Hazard in Sindh act includes following while Punjab act does not. (i) a situation where a person’s behavior may be an actual or potential cause or source of harm to the another person or persons; and (ii) a situation described in subparagraph (i) resulting from physical or mental fatigue, drugs, 12 Duties of manufacturers regarding articles and substances Every person who assembles or installs or erects any tool, machinery, equipment or stores a substance for use at a workplace, shall ensure that: a) The assembly, installation, erection or storage is done in a safe manner; and b) The person who shall use such tools, machinery, and equipment or handle such substance is provided with all information as regards handling, commissioning, use and maintenance of the same. Name Faiz Fareed Submission By Roll Number to the another person or persons; and (ii) a situation described in subparagraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person’s behavior; alcohol, traumatic shock, or another temporary condition that affects a person’s behavior; (1) It shall be the duty of supplier who designs, manufactures, imports or supplies any article for use at workplace to take specified steps sufficient (i) To ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to health when properly used; (ii) to carry out or arrange for carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by the preceding paragraph; (iii) to take such steps as are necessary to secure that there will be available in connection with the use of the article at work adequate information about the use for which it is designed and has been tested, and about any condition necessary to Punjab acts explains it as Every person who assembles or installs or erects any tool, machinery, equipment or stores a substance for use at a workplace While Sindh act explains it as MSEH-S20-004 ) It shall be the duty of supplier who designs, manufactures, imports or supplies any article for use at workplace to take specified steps sufficient Punjab act explains below highlight but Sindh act does not. The person who shall use such tools, machinery, and equipment or handle such substance is provided with all information as regards handling, commissioning, use and maintenance of the same. ensure that, when put to that use, it will be safe and without risk to health; (iv) to ensure, so far as is reasonably practicable, that the substance is safe and without risk to health when properly used. (2) It shall be the duty of supplier who designs, manufactures or supplies any tools, machinery, equipment or substance for use at work, to ensure (i) that such tools, machinery, equipment or substance is safe and without risk of injury to health when correctly used with regard to safe practices; (ii) that persons to whom such tools, machinery, equipment or substance are supplied, be proved with all information as regards handling, commissioning, use and maintenance. Name Faiz Fareed Submission By Roll Number MSEH-S20-004 Sindh act explains below highlighted but Punjab act does not. To ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to health when properly used; (ii) to carry out or arrange for carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by the preceding paragraph; (iii) to take such steps as are necessary to secure that there will be available in connection with the use of the article at work adequate information about the use for which it is designed and has been tested, and about any condition necessary to ensure that, when put to that use, it will be safe and without risk to health; (iv) to ensure, so far as is reasonably practicable, that the substance is safe and without risk to health when properly used. (2) It shall be the duty of supplier 13 Written statement of policy. Every employer shall, except in such cases as may be prescribed, declare a statement in writing, duly approved by Chief Inspector, prepared in consultation with employees and their representatives of a general policy, with respect to the safety and health of all persons at the workplace and the policy shall be reviewed and revised when: a) Alteration to the procedures for managing risks to safety is made; and b) Changes to the premises where person’s work, to the systems or methods of work or to the plant or substances used for work are made that may affect safety, health or welfare. Name Faiz Fareed Submission By Roll Number Every employer to whom this Act applies, except in such cases as may be prescribed by Government, shall declare a written statement of a general policy with respect to the safety and health of all persons at the workplace and such statement shall include provisions to resolve disputes on safety at the workplace and the reporting procedure for fatalities, injuries and near misses. The policy shall be reviewed and revised when – a) Introducing or altering the procedures for managing risk to safety; and b) changes that may affect safety, health or welfare are proposed to the premises MSEH-S20-004 who designs, manufactures or supplies any tools, machinery, equipment or substance for use at work, to ensure (i) that such tools, machinery, equipment or substance is safe and without risk of injury to health when correctly used with regard to safe practices; (ii) that persons to whom such tools, machinery, equipment or substance are supplied, be proved with all information as regards handling, commissioning, use and maintenance Punjab acts says that written statement of policy shall be duly approved by Chief Inspector, prepared in consultation with employees and their representatives of a general policy, with respect to the safety and health of all persons at the workplace while the Sindh act does not. Sindh act says that Every employer to whom this Act applies, except in such cases as may be prescribed by Government, shall declare a written statement of a general policy shall declare a written statement of a where persons work, to the systems or methods of work or to the plant or substances used for work, but as a minimum at least every five years and to bring the statement and revisions of it to the notice of all persons in the workplace in languages understood by all. Name Faiz Fareed Submission By Roll Number MSEH-S20-004 general policy with respect to the safety and health of all persons at the workplace and such statement shall include provisions to resolve disputes on safety at the workplace and the reporting procedure for fatalities, injuries and near misses. The policy shall be reviewed and revised when – a) Introducing or altering the procedures for managing risk to safety; and b) changes that may affect safety, health or welfare are proposed to the premises where persons work, to the systems or methods of work or to the plant or substances used for work, but as a minimum at least every five years and to bring the statement and revisions of it to the notice of all persons in the workplace in languages understood by all. but Punjab act doesn’t tell about above highlighted statement. 14 Consultation. At every workplace the employer shall: a) Provide for the election of safety and health representatives from among the employees in establishments with more than 5 employees and such representatives shall represent the employees in all matters relating to the safety, health and welfare at work in the manner as may be prescribed; and b) Appoint a competent person to function as safety and health officer at the workplace in the prescribed manner. Name Faiz Fareed Submission By Roll Number (1) In every workplace or place of work, the employer shall provide fora) The election of occupational safety and health representatives from amongst the workers in such establishments having less than fifty workers, and such representatives shall represent the workers in all matters relating to the safety, health and welfare at work, as prescribed; and may report the impending threats, accidents, injuries, fatal injuries to the Inspector. b) To appoint a competent person to function as a Safety and Health Officer at workplace and set up Occupational Safety and Health Committee in the establishment having more than forty nine workers. (2) It shall be the duty of the occupational safety and health representatives or the Occupational safety and Health committee to cooperate and assist the employer to promote and develop measures to ensure MSEH-S20-004 In Punjab act Consultation includes Provide for the election of safety and health representatives from among the employees in establishments with more than 5 employees while in Sindh act it includes establishments having less than fifty workers. Below highlighted points are not included in Punjab act while present in Sindh act as a) report the impending threats, accidents, injuries, fatal injuries to the Inspector. b) To appoint a competent person to function as a Safety and Health Officer at workplace and set up Occupational Safety and Health Committee in the establishment having more than forty nine workers. It shall be the duty of the occupational safety and health representatives or the Occupational safety and Health committee to cooperate and assist the employer to promote and develop measures to ensure the safety, health and welfare of 15 Precautions against contagious, occupational or infectious disease at workplaces. (1) Each employee shall be provided with a hygiene card in which, during the month of January and July every year, entries shall be recorded after examination by a registered medical practitioner, appointed by the employer, to the effect that the employee is not suffering from any contagious, occupational or infectious disease. The fee of such an examination shall be fixed by the Government and will be borne by the occupier or manager of the workplace. (2) If the employee is found to be suffering from any contagious, occupational or infectious disease, on an examination under sub-section (1), he shall not be permitted to work till he is declared fit by the medical practitioner appointed the safety, health and welfare of the workers at workplace. The committee shall report the effectiveness of such measures to the employer and the Inspector, if so required. (1) Each worker and volunteer shall be provided with a “Hygiene Card” in which during the month of January and July every year entries shall be recorded after examination by qualified medical practitioner to the effect that the workers is not suffering from any contagious, infectious and occupational disease. The fee of such an examination shall be fixed by Government and shall be borne by the employer of the workplace. (2) If the worker is found to be suffering from any contagious, infectious and occupational disease on an examination under subsection(1), the employer shall provide him appropriate medical treatment with paid leave the workers at workplace. The committee shall report the effectiveness of such measures to the employer and the Inspector, if so required. Punjab act does not include volunteers in this scope while Sindh act do. Punjab act uses term of Registered medical practitioner that will be employed by the employer while Sindh act uses qualified medical practitioner and does not specify if it will be employed by the employer. In Punjab act the medical examination fee will be born by occupier or manager while in Sindh act occupier and manager are replaced by word employer. In Punjab act the injured person shall not be permitted to work till he is declared fit by the medical practitioner while Sindh act does not. In Sindh act the employer shall provide him appropriate medical treatment Name Faiz Fareed Submission By Roll Number MSEH-S20-004 with paid leave while in Punjab act, it is not mentioned. 16 Registration of workplaces and approval of sites, buildings and other constructions to be used as workplaces An employer or a self-employed person shall not build, fit out, alter or use any site or building as a workplace, unless such plan, site or building is approved in such manner as may be prescribed. (1) An employer or self-employed person shall not build, fit out, alter or use any site or building as a workplace, unless its plans or site are approved by Government or its designated authority. (2) Government or its designated Authority while approving the Plan or site or building shall ensure that all safety measures have been taken and the process to be conducted in the premises shall not be harmful to other people in the area. (3) The employer shall, before start of the work, send a written notice to the Inspector of the area as may be prescribed by rules. In Punjab act the approval criteria is not directly defined but in Sindh act approval will be obtained from Government or its designated authority Below highlighted pointed are not explained in Punjab act but in Sindh act. (1) Every employer shall maintain a register of accidents and harm in the prescribed manner and shall record in the register the prescribed particulars relating to: Name Faiz Fareed Submission By Roll Number Government or its designated Authority while approving the Plan or site or building shall ensure that all safety measures have been taken and The employer shall, before start of the work, send a written notice to the Inspector of the area as may be prescribed by rules (1) Every employer shall maintain a In Punjab act the registration of register of accidents in the accidents shall be maintained in prescribed form and shall record in Prescribed manner so it is not the register the prescribed particulars directly identifying the criteria MSEH-S20-004 17 Notification and investigation of accidents, dangerous occurrences and occupational illness.– a) Every accident that harmed or as the case may be might have harmed any employee at work; or any person in a place of work controlled by the employer; and b) Every occurrence of harm to an employee or self-employed person at work or as a result of any hazard to which employee was exposed while at work in the employment of the employer. (2) Every self-employed person shall maintain a register of accidents and harm in the prescribed form and must record in the register the prescribed particulars relating to: a) Every accident that harmed or as the case may be might have harmed the self-employed person at work; b) Every accident resulting from the work of the self-employed person that harmed or as the case may be might have harmed any person. c) Every occurrence of harm to the selfemployed person: i. While at work; or ii. As a result of any hazard to which the selfemployed person was exposed while at work. (3) Every employer or self-employed person shall maintain a register and record of any accident that occurs in a workplace whicha) Causes loss of life. b) Disables any person from reporting to normal work for more than seven days. c) Makes any person unconscious as a result of any action or process related to work. (4) The employer and self-employed person shall report every accident in the prescribed manner to the Inspector Name Faiz Fareed Submission By Roll Number relating to (a) every accident that harmed or might have harmed any worker or any person in a place of work controlled by the employer; and (b) every hazard to which worker was exposed while at workplace in the employment of the employer. (2) Every self-employed person shall maintain a register of accidents, in the prescribed form, and shall record in the register the prescribed particulars relating to (a) every accident that harmed or might have harmed any selfemployed person at work or any person in a place of work. (b) Every hazard to which selfemployed person was exposed while at workplace. (3) Every employer or self-employed person shall maintain a register and record therein any accident occurs in a workplace which (a) causes loss of life; or (b) disables any person from reporting to normal work for more than seven days; (c) makes any person unconscious as a result of any action or process related to work; (4) The employer and self-employed MSEH-S20-004 but in Sindh act the registration of the accidents will be done in the prescribed form. Punjab act includes below highlighted information but Sindh act does not. a) Every accident resulting from the work of the selfemployed person that harmed or as the case may be might have harmed any person. b) Every occurrence of harm to the selfemployed person: In Punjab act below given in red is an obvious deviation from the Sindh act Where an accident results in disablement or death of person at the workplace, a notice in writing of such disablement or death shall be sent to the employer or the self-employed person in control of the workplace within twenty hour hours of the communication of the disability or death. While in Sindh act Where accident causing disablement or death is notified by the employer or self-employed within twenty four hours of the occurrence of the accident. (5) Where an accident results in disablement or death of person at the workplace, a notice in writing of such disablement or death shall be sent to the employer or the self-employed person in control of the workplace within twenty hour hours of the communication of the disability or death. (6) Where at any workplace the possibility of the employees being subjected to special risks or hazards to safety and health at work, the Chief Inspector may require such employees to undergo pre-employment and periodic medical examinations suited for the circumstance and at periods so determined which the employer and the employees shall comply. (7) The medical examination shall be performed at a hospital authorized by Government and the cost thereof shall be paid by the employer. Name Faiz Fareed Submission By Roll Number person shall report every accident in the prescribed form to the Inspector within twenty four hours of the occurrence of the accident. (5) Where accident causing disablement or death is notified by the employer or self-employed person, notice in writing of the death shall be sent to the Inspector by the employer or self-employed person in control of the workplace within twenty four hours of the disability or death comes to the knowledge of the employer or self-employed person controlling the workplace. (6) Where an accident occurs in the workplace causing the death of any person at the workplace, no person shall touch or disturb or cause any other person to touch or disturb, without the permission of an Inspector, any machinery or any article which was involved in such accident, other than for the purpose of extricating or attending on any person involved in such accident. (7) Where any illness occurs in a workplace which is prescribed or. (a) Leads to a loss of life of a person who was at the workplace ; or (b) Leads to an absence from normal work for more than seven MSEH-S20-004 person, notice in writing of the death shall be sent to the Inspector by the employer or selfemployed person person in control of the workplace within twenty four hours of the disability or death comes to the knowledge of the employer or self-employed person controlling the workplace. Below highlighted points are not highlighted in Punjab act but in Sindh act. Where an accident occurs in the workplace causing the death of any person at the workplace, no person shall touch or disturb or cause any other person to touch or disturb, without the permission of an Inspector, any machinery or any article which was involved in such accident, other than for the purpose of extricating or attending on any person involved in such accident. (7) Where any illness occurs in a workplace which is prescribed or. (a) Leads to a loss of life of a person who was at the workplace ; or (b) Leads to an absence from normal work for more than seven continuous days and, is considered to be related to the workplace; or (c) Causes sudden or simultaneous illness or loss of consciousness at that workplace; 18 Written notice shall forthwith be sent by the employer or the manager to the Inspector of the area where the workplace is located, in the form prescribed for the purpose. (8) Where at any workplace there is possibility of the workers being subjected to special risk or hazard to safety and health at work, the Chief Inspector of Safety and Health may require such workers to undergo preemployment and periodic medical examinations suited for the circumstance and at periods so determined which the employer and the workers shall comply. (9) The medical examination shall be conducted at Hospitals authorized by Government and the cost thereof shall be borne by employer. (1) After the commencement of the Act, the (1) Government shall establish a Government shall, by notification in the official Gazette, Council for Occupational Safety establish an Occupational Safety and Health Council to and Health Sindh, which shall exercise such powers and perform such functions consists of following: assigned to it under the provisions of the Act. a) The Secretary Labor and (2) The Council shall consist of the following: Human Resources a) Chief Inspector Labor Department, Name Faiz Fareed Submission By Roll Number MSEH-S20-004 continuous days and, is considered to be related to the workplace; or (c) Causes sudden or simultaneous illness or loss of consciousness at that workplace; Written notice shall forthwith be sent by the employer or the manager to the Inspector of the area where the workplace is located, in the form prescribed for the purpose. Please see the two columns on the left side for comparative difference in blue while missing in either in yellow. Establishment of Occupational Safety and Health Council.– b) Director General Labor Welfare c) Three persons from organizations representing employers d) Three persons shall be from organizations representing employees e) Three or more persons shall be from the Labor Department whose responsibility is related to occupational safety and health; and f) Three or more persons, including at least one woman, shall be from organizations or professional bodies the activities of whose members are related to occupational safety and health and who are able to contribute to the work of the Council. (3) The Council shall meet at least once in every six months in a calendar year. (4) Nine members of the Council shall form quorum for a meeting of the Council of whom at least; a) Five shall be official members including the Chairman and the Secretary of the Council b) One shall be representative of employees. c) One shall be representative of employers. d) One shall be a professional. e) One shall be a member of civil society. (5) Subject to the provisions of the Act, the Council may regulate its own procedure with regard to its meetings. (6) The Council may constitute sub-committees as it may deem fit, to exercise such powers and perform such duties, subject to such conditions, as may be prescribed. Name Faiz Fareed Submission By Roll Number Sindh, shall be the Chairperson b) Five Government Representatives from Industries Department, Sindh Building Control Authority, Health Department, Sindh Environment Protection Agency; and Fire Department of Local Governments; c) Four members to represent the employers. d) Four members to represent the workers. e) Four professionals nominated by the Chief Minister, at least one of them shall be a women; f) Three members from civil society, as Government may consider appropriate and necessary, at least one of them shall be a woman. g) An officer from directorate of Labor Sindh who shall also act as Secretary to the Council. (2) Members appointed under clause (c) and (d) shall respectively be chosen from the list of names submitted by the representative MSEH-S20-004 bodies of the employers and workers recognized by Government for that purpose; (3) Provided that unless rules are framed in this behalf, the first members to be so appointed shall be chosen from such persons as Government may deem fit. 19 Offences and Penalties (1) Save as otherwise expressly provided in the Act, any person who violates the provisions of sections 3 to 7 shall be punished with fine which may extend to rupees one hundred thousand. (2) The penalties provided in this section shall be in addition to the claims for compensation, if any, instituted by the person: Provided that if the fine imposed in a case, is subject to an appeal, no such payment shall be made before the period allowed for presenting the appeal has lapsed or if an appeal has been presented, before decision of that appeal. (3) Whoever, unless duly authorized or in case of necessity, removes any machinery, equipment, fixtures, substances, fencing, gangway, ladder, lifesaving means or appliances, lights, marks, stage or other things required to be provided by or under the rules made Name Faiz Fareed Submission By Roll Number (4) The non-official member shall hold office for a period of five years and shall be eligible for renomination. (5) The Council may discharge its functions notwithstanding any vacancy in the constitution of the Council. Any person who (a) willfully obstructs an Inspector in the exercise of any of his lawful powers, or fails to produce on demand by an Inspector any registers or other documents kept in pursuance of the regulations made under this Act, or conceals or prevents or attempts to prevent any person from appearing before, or being examined by an Inspector, or (b) unless duly authorized, or in case of necessity, removes any fencing, gangway, ladder, lifesaving means or appliance, light, mark, stage or other things required MSEH-S20-004 Please see the two columns on the left side for comparative difference in blue while missing in either in yellow. 21 Display at establishment under the Act or having in case of necessity, removed any such machinery, equipment’s fixtures, substances, fencing, gangway, gear, ladder, lifesaving means or appliances, lights, marks, stage or other things and omits to restore it at the end of the period for which its removal was authorized or necessary, shall be punished with fine which may extend to rupees two hundred thousand. (4) Whoever contravenes any requirement imposed by an Inspector under the Act shall be punished with fine which may extend to rupees ten thousand. (5) Whoever willfully obstructs an Inspector in exercise or performance of his powers or duties shall be punished with fine which may extend to rupees twenty thousand. (6) Whoever conceals, prevents or attempts to prevent any person from appearing before or being examined by an Inspector shall, upon conviction, be punished with a fine that may extend to rupees fifty thousand. (7) The Court, when deciding upon the quantum of sentence and fine shall consider the size of the business of the employer being convicted, the gravity of the violation, repute of the employer and the history of previous violations. (8) The penalties imposed under the Act shall be recovered as arrears of land revenue by the District Collector where the violation occurs or where the employer has its principal office. to be provided by or under the regulations made under this Act, or (c) having removed any such fencing, gangway, gear, ladder, lifesaving means or appliance, light, mark, stage or other thing, omits to restore it at the end of the period for which its removal was necessary, shall be and liable to a fine or imprisonment, as described in the Schedule. (1) The entrance to a workplace or any other place where the employees legitimately gather shall bear essential information including notice of the postal addresses and the telephone numbers of the health and (1) There shall be kept posted at the entrances to the workplace or any other place where workers legitimately gather, notice of the Name Faiz Fareed Submission By Roll Number MSEH-S20-004 Punjab act mentions the information of display at establishment shall be communicated to the Chief safety representative and the Committee and such information shall be communicated to the Chief Inspector. (2) In addition to the notice required to be displayed in every establishment, a notice containing abstracts of the Act and the rules made thereunder shall also be displayed in English and Urdu or regional languages. postal addresses and the telephone numbers of the health and safety representative, the occupational safety and health committee (where existing) and the Government. (2) In addition to the notice required to be displayed under the rules, there shall be displayed in every establishment a notice containing abstracts of this Act and rules made there under. (3) An updated copy of this Act and any rules made under this Act shall be maintained at the place of work and made available for reference by any worker. inspector while Sindh act does not require. Sindh act asks or the Government contact numbers to be displayed but the Punjab act does not. Punjab act asks for rules made under the abstract of the act and the notices shall also be displayed in English and Urdu or regional languages. While Sindh act does not ask for it. Sindh act tells about below highlighted information but Punjab act does not. An updated copy of this Act and any rules made under this Act shall be maintained at the place of work and made available for reference by any worker. 22 Contracting out.– Any contract or agreement, whether made before or after the commencement of the Act, whereby an employee relinquishes any right conferred by the Act shall be null and void in so far as it purports to deprive him of such right. Provisions of this Act to be addition to and Notwithstanding anything contained to the contrary in any other law for the time being in force, the provisions 23 Name Faiz Fareed Submission By Roll Number Any contract or agreement, whether made before or after the commencement of this Act, whereby an worker relinquishes any right conferred by this Act shall be null and void in so far as it purports to deprive him of such right. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in MSEH-S20-004 No major difference Punjab act is contrary to Sindh act in this aspect. Punjab act will not be in derogation of the other laws not in derogation of certain laws of the Act shall be in addition to and not in derogation of such laws. Name Faiz Fareed Submission By Roll Number any other law for the time being in force. MSEH-S20-004 but Sindh act will derogate other laws and will effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.