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Circular No. C Ė 158†††††††††††††††††††††††††††††††††††††††† ††† †††††††††††††††††††††††† Date: -12-09-2015

 

 

Absurdities of the Sindh Workers Welfare

Fund Act, 2014.

 

 

1-       The above Act has been passed by the Sindh Assembly on 04-05-2015 and assented by the Governor of Sindh on 21-05-2015 but for some reasons the Sindh Government has been keeping quiet about acting under this unique Act.

2-       The Act is unnecessarily long having several complicated and impractical provisions in it instead of taking relevant provisions from the Workers Welfare Ordinance, 1971 with some suitable modifications where necessary.

3-       The Act on a simple and short matter of creating Provincial Workers Welfare Fund is unduly long and has unnecessary provisions in it. With due respect it appears that the Sindh Assembly has passed the Act without properly reading the provisions of the Act and their legal and practical complications.

4-       By section 2(g) (v) & (vi) Banking, Financial Institution, (except State Bank) and Telecommunication has been included in the definition of the Industrial establishment.

5-       To quote an example, the Act by itís Section 3(2) provides the Board under the Act with no less than 16 members of the Board of which 10 members will be the provincial Government Departments nominated members and three members of employers recommend by unknown Industrial Association and similarly three members from amongst the workers. Section 12(2) of the Act provides quorum of half of the total members for the Board meeting. It would over-whelmly be the Board nominated by the provincial Government. One fails to understand as to why the Board of 16 members is required for a simple matter of the Welfare Fund having majority of the provincial Government nominated members of the Board. Section 3(5) also provides blank cheque to the Institution.

6-       With such a large squad of 16 members of the Board having representatives of almost all ministries of the Sindh Government as members of the Board most of whom would not attend meetings of the Board thereby leaving open the field for members of the Board from the Labour Department with 50% quorum of the Board meeting to do whatever they like.

7-       The details of complications and absurdities provided by Act are so large in number which cannot be counted and their details be given by us. It is totally a bad and absurd Act mechanically passed by the Sindh Assembly without reading or realising about contents of various provisions of the Act. It would be fair and proper to repeal this Act without any delay and replace it by another proper and simple act keeping in view the provisions of the Workers Welfare Ordinance, 1971 which met all legal requirements so far.

8-       Previously Federal WWF, by Sections 11-D and 11-E, recovery of rent and eviction from housing schemes have not been made part of Sindh WWF which would create controversies and problems and if any such rules are made later on the same would be a separate matter which may be dealt with separately.

9-       The left over surplus amount of 5% from WPPF and the additional 2% of the Coís total income together make huge pool of amount but till yet no details are available as to how such huge billions of rupees are to be used and spent.If the same are used properly, Sindh WWF can also provide unemployment benefit to workers/employees likewise Developed Countries.

10-   In all fairness sooner action without any delay is very much essential and required in the matter to be taken by the government of Sindh in respect of itís new law namely the Sindh Workers Welfare Fund Act, 2014 and replace it by a proper, simple sensible and practical law on the matter.

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For M/s. S. M. Yaqoob

Industrial Relations Advisers

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† & Labour Laws Consultants