PUNJAB OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT, 2022

ACT XXIV OF 2022

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An Act to amend the Punjab Occupational Safety
and Health Act 2019

[Gazette of Punjab, Extraordinary, 31st October, 2022]

No. PAP/Legis-2(57)/2020/51.–The Punjab Occupational Safety and Health (Amendment) Bill 2020, originally passed by the Provincial Assembly of the Punjab on the 12th day of September 2022, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 19th day of October 2022. The Bill was again sent to the Governor and assented to by the Governor of the Punjab on October 27, 2022, is hereby published as an Act of the Provincial Assembly of the Punjab.

It is necessary to amend the Punjab Occupational Safety and Health Act 2019 (IV of 2019) for the purposes hereinafter appearing.

Be it enacted by Provincial Assembly of the Punjab as follows:

1. Short title and commencement.–(1) This Act may be cited as the Punjab Occupational Safety and Health (Amendment) Act 2022.

(2) it shall come into force at once.

2. Amendment of Section 2 of Act IV of 2019.–In the Punjab Occupational Safety and Health Act 2019 (IV of 2019), hereinafter referred to as ‘the Act’, in Section 2, in clause (f), for the words “under the Act”, the expression “under the Factories Act, 1934 (XXV of 1934)” shall be substituted.

3. Amendment of Section 3 of Act IV of 2019.–In the Act, in Section 3, in sub-section (1):

(a)      in clause (d), for the word “deceases”, the word “diseases” shall be substituted; and

(b)      in clauses (k) and (l), for the word “Government”, the word “Council” shall be substituted.

4. Amendment of Section 4 of Act IV of 2019.–In the Act, in Section 4, in clause (e), for the word ‘Council”, wherever occurs, the words “Chief Inspector” shall be substituted

5. Amendment of Section 14 of Act IV of 2019.–In the Act, in Section 14:

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

          “(2) The Council shall consist of Secretary to the Government, Labour and Human Resource Department as its Chairperson and the following members:

(a)      Secretary to the Government, Industries, Commerce and Investment Department;

(b)      Secretary to the Government, Environment Protection Department;

(c)      Secretary to the Government, Primary and Secondary Healthcare Department;

(d)      Secretary to the Government, Housing, Urban Development and Public Health Engineering Department;

(e)      Secretary to the Government, Local Government and Community Development Department;

(f)       Commissioner of the Provincial Employees Social Security Institute;

(g)      Director General Labour Welfare, Punjab, Member / Secretary;

(h)      three persons including one woman from organizations, representing employers;

(i)       three, persons including one woman from organizations, representing employees;

(j)       three officers not below the rank of BPS 18, relevant to occupational safety and health from Labour and Human Resource Department of the Government; and

(k)      three. persons including one woman from organizations or professional bodies related to occupational safety and health.

(b)      in sub-section (4):

(a)      the expression “of whom at least;” shall be omitted and a full stop shall be added at the end; and

(b)      clauses (a), (b), (c), (d) and (e) shall be omitted.

(c)      in sub-section (6), for the word “sub-committees” the words “such Committee consisting of such of its members” shall be substituted.

6. Amendment of Section 16 of Act IV of 2019.–In the Act, in Section 16, in sub-section (1), after the word “such” occurring for the second time, the expression “area of jurisdiction,” shall be inserted.

7. Amendment of Section 19 of Act IV of 2019.–In the Act, in Section 19 sub-section (8) shall be omitted.

8. Amendment of Section 20 of Act IV of 2019,.–In the Act, for Section 20, the following shall be substituted:

“20. Cognizance of offences.–An offence under the Act shall be cognizable by the police on a complaint in writing

made by an aggrieved person upon sanction in this behalf by the Chief Inspector or an Inspector.”

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