Updated: Friday January 17, 2014/AlJumaa
Rabi’ Awwal 16, 1435/Sukravara
Pausa 27, 1935, at 07:54:54 PM
The Control of Employment Ordinance, 1965
ORDINANCE No XXXII of 1965
((a)
Published in Gaz. of Pak. Ext. 18 Sept 1965, p 1155.
(b) Approved by the National Assembly in ‘pursuance of
clause (3). Article 29 of the Constitution (of 1962) at its meeting on 26th
November, 1965, Gaz., of Pak. Ext 1965, p.1424)
[17th September, 1965]
AN ORDINANCE
To provide for the collection of information relating
to employment in industrial undertakings and availability of persons therefore
and for the control and distribution of such employment, and matters connected
therewith or incidental thereto.
Whereas it is expedient to provide for the collection
of information relating to employment in industrial undertakings and
availability of persons therefore, and for the control and distribution of such
employment, and matters connected therewith or incidental thereto;
And whereas a Proclamation of Emergency issued under
clause (1) of Article 30 of the Constitution is in force;
And whereas the President is satisfied that immediate
legislation is necessary to meet the emergency;
1. Short title, extent, application and commencement.-(1) This Ordinance may be called the Control of
Employment Ordinance, 1965.
(2) It extends to the whole of
(3) It shall come into force at once, (Words
added by Ord LV of 1965, s. 2, Gaz of Pak. Extr. 18 December, 1965, p .1509)[and
shall be deemed to have taken effect on the eighth day of September, 1965.]
2. Definitions.-In
this Ordinance, unless there is anything repugnant in the subject or context,---
(1) “Board” means a Manpower Board constituted under
section 4;
(2) “essential personnel” has the same meaning as
assigned to it in clause (a) of section 2 of the Essential Personnel
(Registration) Ordinance, 1948 (X of 1948), as amended from time to time;
(3) “essential work” means any work relating to the
manufacture, production, maintenance or repair of arms, ammunition and
equipment or other supplies and any other work which the (Subs for
Central Government” by P. O. 4 of 1975, s 2 (3) Gaz. of Pak. Extr. Pt. I, 1 Aug
1975, p.435) [Federal Government] or the Provincial Government may, by
Notification in the official Gazette, declare to be essential work for the
purposes of this Ordinance;
(4) “industrial undertaking” means,---
(a) any concern engaged in,---
(i) the manufacture or production of any article or
commodity,
(ii) the supply or distribution of light, power, gas
or water,
(iii) the supply or maintenance of any kind of mechanized
transport,
(b) any concern engaged in installing equipment or
erecting premises or preparing arid producing designs for, or testing the
products of, any concern referred to in sub-clause (a);
(c) any technical training establishment or centre;
and
(d) any other undertaking which the (Subs. for “Central
Government” by P. O.4 of 1975, s, 2 (3), Gaz. of Pak, Extr Pt. I, 1 Aug 1975,
p. 435.)[Federal Government] or the Provincial Government may, by
notification in the official Gazette, declare to be an industrial undertaking
for the purposes of this Ordinance;
(5) “Manpower Council” means the National Manpower
Council set up by the (Subs. for “Central Government” by P. O.4 of 1975,
s, 2 (3), Gaz. of Pak, Extr Pt. I, 1 Aug 1975, p. 435.)[Federal Government]
,in the Labour and Social Welfare Division;
(6) “prescribed” means prescribed by rifles made under
this Ordinance; and
(7) “Tribunal” means a Manpower Tribunal constituted
under section 9.
3. Manpower Council.-(1) The (Subs. for “Central Government” by P.
O.4 of 1975, s, 2 (3), Gaz of Pak, Extr Pt I, 1 Aug 1975, p. 435)[Federal
Government] shall be the policy-making body as regards the purposes of this
Ordinance (Words added by Ord. XXXV of 1971. s. 2.)[and be
responsible for coordinating manpower problems with the object of bringing a
national approach to the labour-supply policy during an emergency] and may
issue such directions in connection with the effective use of manpower to the
Provincial Governments and the Manpower Board aft it may consider necessary.
(2) For the efficient performance of its functions
tinder this Ordinance, the (Subs. for “Central Government” by P. O.4 of
1975, s, 2 (3), Gaz. of Pak, Extr Pt. I, 1 Aug 1975, p. 435.)[Federal
Government] may,---
(a) call for such information from the Provincial
Governments as it may consider necessary;
(b) co-ordinate the work of-Manpower Board; and
(c) appoint such specialized agency to assist it as it
may consider necessary.
4. Manpower Board. – (Subs, fur original sub-sections (1) & (2) ibid, s
3.)[(1) The Provincial Government shall constitute a Manpower Board
consisting of,---
(i) the Secretary of the Labour Department of the
Provincial Government, who shall be the Chairman of the Board;
(ii) one member to represent the Industries Department
of the Provincial Government, to be nominated by the Department;
(iii) a Deputy Secretary in the Finance Department of
the Provincial Government, to be nominated by that Department;
(iv) one member to represent the General Headquarters,
to be nominated by that Headquarters;
(v) one member to represent the Railway Board of the
Province, to be nominated by that Board;
(vi) one member to represent the Road Transport
Corporation of the Province, to be nominated by that Corporation;
(vii) the Adviser, Technical Education of the
Provincial Government; and
(viii) the Deputy Secretary (Co-ordination) in the
Home Department of the Provincial Government.
(Sub-sec
(1-A) omitted by P.O. 4 of 1975, s. 3(1) & Sch. Gaz. of Pak. Extr. Pt. I. 1
Aug 1975, p. 435) 1* * * * * *
(2) to the absence of the Secretary of the Labour
Department a person nominated by him shall act as the Chairman of the Board.
(3) Three members of the Board (including the
Chairman) shall constitute quorum at a meeting of the Board.
(4) The Board may subject to such conditions, if any,
as it may think, fit, delegate any of its powers to its Chairman.
5. Functions and powers of the Board.--(1) The functions of the Board shall include
collection of information relating to employment in industrial undertakings and
availability of persons therefore, and to control and distribution of, and
taking measures to make persons available for such employment:---
Provided that the Board shall not ask from any
employer any question about the employment of a foreigner except through the
Department of Investment Promotion and Supplies.
(2) For the purpose of sub-section (1), the Board may,---
(a) require any person or industrial undertaking to
furnish or cause to be furnished, such information and in such manner and form
as it may specify;
(b) take measures, or cause measures to be taken, by
the industrial undertaking or other competent authority; to ensure that the
required number of persons are available for. employment in such undertaking;
(c) require any person to undertake any essential work
lie is competent to do;
(d) prohibit any person from accepting any employment
or offer of employment;
(e) control or regulate the employment in any
industrial undertaking;
(f) regulate the relinquishment of employment by, and
the dismissal of any person employed in any industrial undertaking;
(g) order the release, transfer, interview, training
or test of skill of any person employed or to be considered for employment in
any industrial undertaking;
(h) prohibit persons employed or engaged in any
essential work from leaving the work or absenting themselves from duty or
slowing down or otherwise impending their output;
(i) lay down the terms and conditions of service of
persons employed or to be employed, in any industrial undertaking;
(j) authorize any of its members or officers to enter
upon, inspect and search any premises occupied by any industrial undertaking
and to ask for and examine any document relating to such undertaking anti to
enquire any person employed or found therein to furnish any information
relating thereto;
(k) authorize any of its officers or any persons
employed in a managerial or supervisory capacity in any industrial undertaking
to test therein the technical skill of such persons as the Board may, by order
in writing direct and require any such undertaking to afford reasonable
facilities for such test;
(l) require any industrial undertaking to maintain
such books of accounts and records and in such form as it may direct; and
(m) require the employment exchanges to issue call up
notices.
6. Obligation to comply with the order or direction of
the Board, etc.(1) Where the Board
makes any order or gives any direction requiring any person or industrial
undertaking to furnish any information or document or to afford any facility or
to take any measure to do or refrain from doing anything, such persons and, in
the case of an industrial undertaking the owner, director, manager, secretary
or other officer or agent thereof competent for the purpose, shall, subject to
the provisions of this section, comply with such order or direction.
(2) Any person or industrial undertaking aggrieved by
an order or direction of the Board may prefer an appeal against such order or
direction to the Provincial Government or to such officer or authority as the
Provincial Government may appoint, and the decision of the Provincial
Government or such officer or authority, as the case may be, shall be final:---
(Proviso
added by Control of Employment (Amendment) Ordinance. 1984 (Ord. No. VIII of
1984) s. 2)[Provided that no orders on such appeal shall be passed
unless the appellant has been given an opportunity of being heard]
(3) Failure or neglect to comply with any order or
direction of the Board or, where an appeal is preferred under sub-section (2),
with the final decision, thereon, shall be an offence under the Ordinance.
7. Reinstatement of persons released under the orders
of the Board.( Substituted for the
original sub-sec. (1) by Ord. IV of 1969. s. 2)[(1) Subject to the other
provisions of this section. every employer by whom a person was released for
any essential work or for service under the (Subs. by Ord. XXVII or 1981
s. 3 & Second Sch, for “Compulsory Service (Armed Forces Ordinance. 1965
(XXIV of 1975)”) [Compulsory Service in the’ Armed Forces Ordinance,
1971 (XXXI of 1971)] in pursuance of an order or requisition of the Board or of
a notice served under section (Subs. for “6” ibid.)[5] of the
said Ordinance shall. on the termination of, or release from, such work or
service, reinstate such person in his former employment from which he was
released and, if such reinstatement is less favorable to such person than that
to which he would. in the ordinary course. have been entitled, give him such
employment as is not so less favorable:---
Provided that the employer shall not be required to so
reinstate or employ any person if such person does not apply or report to him
for the purpose within three months of the termination of, or release from, the
essential work or such service.]
(2) Where for any person reinstatement of employment
under subsection (l) is not practicable the employer shall, within seven days
from the date on which the person to be reinstated or employed applies or
reports himself for reinstatement, make an application to the Tribunal for
exemption from the provisions of sub-section (1).
(3) Upon an application of the employer under
sub-section (2), the Tribunal shall, .after such enquiry and hearing as it
considers necessary, make an order either,---
(a) exempting the employer from the provisions of
sub-section (l); in which case the employer shall be required to pay to such
person a compensation of a sum not less than six months remuneration of the
person calculated at the rate he was entitled to when he was released by the
employer ; or
(b) requiring the employer to reinstate or give
employment to such person in the terms of sub-section (I) or on such terms and
conditions as it may specify in the order.
(4) If any employer contravenes the provisions of
sub-section (1) or fails or neglects to carry out the order of the Tribunal
under subsection (3), he shall be guilty of an offence under this Ordinance and
be punishable with fine which may extend to one thousand rupees and if the
court by which he is convicted so directs shall also be liable to pay to the
person with respect to whose reinstatement or employment he has been convicted
such sum not exceeding six months’ remuneration of that person calculated at
the rate he was entitled to when he was released as the Court may specify, in
addition to pay compensation he is required to pay under clause (a) of
sub-section (3).
(5) Any sum which the employer is required to pay
under an order of the Tribunal under sub-section (3) or an order of the Court
under sub-section (4), shall be recoverable 9s if it were a fine imposed by a
Court.
8. Advisory Committee.-(1) The Board may, for obtaining advice and
assistance in the discharge of its functions under this Ordinance, constitute
an Advisory Committee for such area and in such place as it may think fit.
(Sub-section
(2) subs. for the original by Ord XXXV of 1971, s. 4 (a))[(2) An
Advisory Committee constituted under sub-section (1) shall consist of,---
(i) the Deputy Commissioner of the District concerned,
who shall be the Chairman of the Committee;
(ii) one member to represent the Industries Department
of the Provincial Government, to be nominated by that Department;
(iii) one member to represent the Railway Board of the
Province, to be nominated by that Board;
(iv) one member to represent the Road Transport
Corporation of the Province, to be nominated by the Corporation;
(v) one member to represent the workers of the area
concerned;
(vi) one member to represent the employers of the area
concerned; and
(vii) the Manager of the Employment Exchange of the
area concerned, who shall be the member-secretary of the Committee.
(Sub-sec,
(2-A.) omitted by P. O.4 of 1915, s.3 (1) & Sch. Gaz, of Pak, Extr. Pt. I,
1 Aug 1975, p. 435)1 * * * * * * * * * *
(3) Three members including the Chairman shall
constitute a quorum at &, meeting of the Advisory Committee.
(Sub-Sec.
(4), added by Ord. XXXV of 1971, 3. 4 (b))[(4) The Chairman of an
Advisory Committee may co-opt as a member thereof any person resident in the
area concerned whose association with the Committee is in the opinion of the
Chairman, likely to be of assistance to the Committee.]
9. Manpower Tribunal.-(Subs. for original- sub-sections (1), (2) & (3) by Ord.
XXXV of 1971, s. 5)[(1) A Labour Court established under the Industrial
Relations Ordinance, 1969 (XX(II of 1969), hereinafter referred to as the
Labour Court, is hereby. constituted a Manpower Tribunal for the-disposal of
applications under sub-section (2) of section 7 in respect of the territorial
limits within which it exercises jurisdiction as such court.
(2) In addition to a Tribunal constituted under
sub-section (1), the Provincial Government may constitute one or more Manpower
Tribunals for such area or areas as it may consider necessary for the disposal
of applications under sub-section (2) of section 7 and, where it constitutes a
Tribunal for an area within the territorial limits of the jurisdiction of a
Labour Court, shall, by notification in the official Gazette, specify the class
of, such applications which shall be disposed of by the Tribunal so constituted
and not by such Labour Court.
(3) The Tribunal constituted under sub-section (2)
shall consist of a chairman arid two members, all being appointed by the
Provincial Government, one, Of the members being appointed to represent the
workers of the area concerned and the other to represent the employers of the
area.
(3-A) The chairman of a Tribunal constituted under
sub-section (2) shall be a person whip has been, or is, or is qualified to be,
a Judge or Additional Judge of a High Court or is a District Judge and the
members shall be appointed in consultation with the workmen and the employers
in such manner and on such terms and conditions as may be prescribed.]
(4) A member of the Board shall trot be appointed to
be a member of a Tribunal.
(5) A Tribunal shall meet at such tinier and places as
it thinks fit.
(6) A Tribunal shall, for the purpose of receiving
evidence, administering oaths, enforcing the attendance of witnesses and compelling
the discovery and production of documents, have the powers of a Civil Court
under the Code of Civil Procedure, 1908 (Act V of 1908), and shall be deemed to
be such Court within the meaning of sections 480, 482 and 484 of the Code of
Criminal Procedure, 1898 (Act V of 1898).
10. Notified industrial undertakings:---(1) The Provincial Government may, by notification
in the official Gazette, declare any industrial undertaking to be a notified
industrial undertaking for tile purpose of this Ordinance.
(2) Every notified industrial undertaking shall report
to the Board in such. manner and within such period all situations in the
undertaking which are vacant or are soon likely to be vacant and employ such
essential personnel within such period and on such terms and conditions as the
Board may direct and no such industrial undertaking shrill, except with the
permission of the Board, fill any vacancy in which essential personnel may be
employed.
11. False statement.-Any person who,---
(a) for the purpose of obtaining employment or
procuring essential work, knowingly describes himself, or allows himself to be
described to any member of the Board or Advisory Committee as a person
practicing or engaged in any profession, occupation or employment when in fact
he does not practice or engage himself in such profession, occupation or
employment, or
(b) for the purpose of obtaining release from any
essential work knowingly makes, or allows to be made, any false statement to
any member., of the Board or Advisory Committee, or
(c) being an owner, manager, or officer discharging
managerial functions, knowingly furnishes, or allows to be furnished, false
information relating to the undertaking, shall be guilty of an offence under
this Ordinance.
12. Offences by industrial undertakings.-Where the person guilty of an offence under the
Ordinance or the rules made there-under is an industrial undertaking, every
owner, director, manager, secretary or other officer or agent thereof shall,
unless he proves that he made all efforts arid exercised all diligence to
prevent the commission of the offence, be deemed to be guilty of such offence.
13. Penalty and procedure.-(1) Whoever is guilty of an offence under this
Ordinance or the rules made there under shall, save as otherwise provided
elsewhere in this Ordinance or in the rules, be punishable with imprisonment
for a term which may extend to six months or with fine which may extend to one
thousand rupees, or with both.
(2) Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (Act V of 1898), an offence under this Ordinance shall
be cognizable.
14. Service of notice, etc.--Any notice, direction or order under this Ordinance
to be served on any person may be served by being scat by post addressed to
such person at his last known address.
15. Indemnity.--No
suit, prosecution or other legal proceeding shall be instituted in any Court in
respect of anything in good faith done or intended to be done under this
Ordinance.
16. Power to make rules.--(i) The (Subs. for “Central Government” by
P. O. 4 of 1975 s 3 (2) Gaz, of Pak, Extr Pt, I, 1 Aug. 1P75, p. 435)[Federal
Government] may, by notification in the official Gazette, make rules for
carrying out the purposes of this Ordinance.
(2) Rules made under sub-section (1) may provide any
contravention thereof should be punishable with a penalty not exceeding that
provided in section 13.
17. Saving.-Nothing
in this ordinance shall apply to, any industrial undertaking owned or managed,
or person employed, by the (Subs. For “Central Government” by
P.O.4 of 1975, s. 3.
(2) Gaz., of Pak Exre. Pt I, 1 Aug 1975, p. 435.) [Federal
Government] or a Provincial Government or by such authority, body or
institution or
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