2

ACT V OF 1992 ACT V OF 1992 BALOCHISTAN EMPLOYEES' SPECIAL ALLOWANCE ACT, 1992 An Act to provide for payment of special allowance to employees working in the Province of Balochistan [Gazette of Balochistan, Extraordinary, 11th May, 1992] No.PAB/LEGIS:III(2)/91, dated 11-5--1992.----The Balochistan Employees' Special Allowance Bill, 1992 having been passed by the Provincial Assembly of Balochistan on 18th March, 1992 and assented to by the Governor of Balochistan, is hereby published as an Act of the Provincial Assembly:-- 2. Definitions: -----In this Act, unless there is anything repugnant in the subject or context; (a) "employee" means any person employed, whether directly or through any other person, for wages, to do any skilled or unskilled, intellectual technical, clerical, manual or other work in, or in connection with the affairs of, an undertaking, under any contract of service or apprenticeship, whether written or oral, express or implied and includes such a person when laid off, but does not include a person for whom a provision has been, or may be made by the Provincial Government for grant of an allowance intended to provide relief due to a rise in the cost of living. (b) "employer" in relation to an undertaking, means any person who employs, either directly or through any other person, whether on behalf of himself or any other person, any employee, and includes:-- (i) a body of persons, whether incorporated or not; (ii) a person who has ultimate control over the affairs of an undertaking, including the owner of any undertaking are entrusted to any other person (whether called a managing agent, director, manager, agent, superintendent, secretary, representative of the owner or by any other name), such other person, or in any other case, any person responsible to the owner for supervision and control of an employee or for payment of his wages; and (iii) an heir, successor, administrator or assignee, as the case may be, of such person or association of persons; (c) "Special Allowance" means an amount payable under the provisions of this Act; (d) "undertaking" means: (i) an establishment to which the West Pakistan Shops and Establishments Ordinance, 1969 (W.P. Ordinance No.VIII of 1969), for the time being applies, and notwithstanding anything contained in section 5 thereof, includes clubs, hostels and messes not maintained for profit or gain and establishments for the treatment or care of the sick, infirm, and destitute or mentally unfit persons; (ii) a construction industry to which the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (W.P. Ordinance No.VI of 1968), for the time being applies; (iii) a factory as defined in the Factories Act, 1934 (XXV of 1934); (iv) a mine as defined in the Mines Act, 1923 (IV of 1923); (v) a road transport service as defined in the Road Transport Workers Ordinance, 1961 (XXVIII of 1961); (vi) a newspaper establishment as defined in the Newspaper Employees (Conditions of Service) Act, 1973 (LVIII of 1973); and includes/any class of establishments which the Provincial Government may, by notification in the official Gazette, declare to be undertaking for the purposes of this Act; (e) "Wages" means remuneration for services, payable in cash to an 'employee without taking account .of deductions for any purpose, under a contract of service or apprenticeship, written, oral, express or implied, and includes any dearness allowance or other addition in respect of the cost of living payable or paid for the period preceding the first day of August, 1973, and payment by the employer in respect of any period of authorised leave, but does not include:-- (i) any payment for overtime, or (ii) any sum paid to an employee to defray special expenses entailed by the nature of his employment; or , (iii) any gratuity payable on discharge; or (iv) any sum paid as bonus, house rent, conveyance allowance; traveling allowance or any other allowance.