Updated: Monday September 30, 2013/AlEthnien
Thoul Ki'dah 26, 1434/Somavara
Asvina 08, 1935, at 07:05:01 PM
[1][1]The West Pakistan Minimum Wages for Unskilled Workers’ Ordinance, 1969
(W.P. Ordinance XX of 1969)
[1 July 1969]
An Ordinance to fix the minimum rates of wages for
unskilled workers employed in certain commercial
and industrial establishments in West Pakistan.
Preamble.– WHEREAS it is expedient to fix the minimum rates of
wages for unskilled workers employed in certain commercial and industrial
establishments in West Pakistan;
NOW, THEREFORE, in
pursuance of the Martial Law Proclamation of 25th March, 1969, read with the
Provisional Constitution Order, the Administrator of Martial Law, Zone ‘A’, in
exercise of the powers of the Governor of West Pakistan conferred on him by the
President and Chief Martial Law Administrator, is pleased to make and promulgate
the following Ordinance:---
1. Short title, extent, commencement and
application.– (1) This Ordinance may
be called the West Pakistan Minimum Wages for Unskilled Workers’ Ordinance,
1969.
(2) It extends to the whole of [2][2][Pakistan].
(3) It
shall be deemed to have come into force on and from the first day of July,
1969.
(4) It shall apply to every commercial and
industrial establishment wherein fifty or more persons are employed or were
employed on any day during the preceding twelve months, but shall not apply
to,---
(a) persons
in the service of Pakistan, as defined in [3][3][Article
260 of the Constitution];
(b) any establishment, undertaking or installation relating to the
defence services, civil armed forces, postal, telegraph and telephone services,
ports, railways, fire-fighting services, electricity, gas, water-supply, public
conservancy and hospitals; and
(c) any
establishment or undertaking, which Government, by notification in the official
Gazette, declares to be engaged in a public utility service for the purposes of
this Ordinance.
2. Definitions.– In this Ordinance, unless the context otherwise
requires,---
(a) “apprentice”
means a learner who is paid an allowance during the period of training;
(b) “commercial
establishment” means an establishment in which the business of advertising,
commission or forwarding is conducted, or which is a commercial agency, and
includes a clerical department of a factory or of any industrial or commercial
undertaking, the office establishment of a person who for the purpose of
fulfilling a contract with the owner of any commercial establishment or
industrial establishment, employees workmen, a unit of a joint stock company,
an insurance company, a banking company or a bank, a broker’s office or stock-exchange,
a club, a hotel, a restaurant or an eating house, a cinema or theatre and such
other establishment or class thereof, as Government may, by notification in the
official Gazette, declare to be a commercial establishment for the purposes of
this Ordinance;
(c) “employer”
means a person owning or having charge of the business of a commercial or
industrial establishment and includes an agent or manager or any other person
acting on behalf of such person in the general management or control of such establishment;
(d) “Government” means the
[4][4][Provincial
Government];
(e) “industrial area” means the
districts of Hyderabad, Lyallpur, Lahore, Multan and Sheikhpura and Kotri
Taluka in Dadu District, and any other area which Government may, by notification
in the official Gazette, declare to be an industrial area for the purposes of
this Ordinance;
(f) “industrial
establishment” means,---
(i) a mine or quarry;
(ii) a workshop or other establishment in which
the work of making, altering, repairing, ornamenting, finishing or packing or
otherwise treating any article or substance with a view to its use, sale,
transport, delivery or disposal is carried on, or where any such service is
rendered to a customer; and
(iii) any
other establishment which Government may, by notification in the official
Gazette declare to be an industrial establishment;
(g) “wages”
means all cash remuneration payable to a workman, and includes dearness
allowance, house-rent, conveyance allowance [5][5][,
cost of living allowance, special allowances] and any other fixed allowance,
but does not include travelling allowance, gratuity or bonus;
(h) “unskilled worker”
means a worker employed to do unskilled labour; and
(i) “worker” means any
person employed in a commercial or industrial establishment.
3. Minimum wages in
commercial and industrial establishments.– Every unskilled worker, other than an apprentice,
employed in a commercial or industrial establishment situated in an area
specified in column 1 of the Schedule, shall be paid wages at a rate not lower
than the minimum wages per month specified against such area in column 2 of the
Schedule:---
Provided that where an
employer provides housing accommodation to a worker, he may deduct from the
wages of such a worker, an amount not exceeding that specified in column 3 of
the Schedule and where the employer provides a worker with transport to and
from the place of work, he may deduct from the wages of such a worker an amount
not exceeding that specified in column 4 of the Schedule.
[6][6][Explanation– In this section,---
(i) “month” means a normal working period of
twenty-six days calculated at thee rate of forty-eight hours of work per week;
and
(ii) “wages” includes cost of living allowance
as admissible under the Employees’ Cost of Living (Relief) Act, 1973 (I of
1974), dearness allowance and special allowances announced by the Government
from time to time, before the commencement of the West Pakistan Minimum Wages
for Unskilled Workers (Amendment) Act, 1993.]
4. Responsibility for payment
of minimum wages.–
(1) Every employer shall be responsible for the payment of minimum wages
required to be paid under this Ordinance to all unskilled workers employed,
either directly or through a contractor, in his commercial or industrial
establishment.
(2) Where an unskilled worker employed in a
commercial or industrial establishment to which this ordinance applies has been
paid wages for the month of July, 1969, at a rate less than the minimum rate of
wages to which he is entitled under this Ordinance, the employer shall, within
thirty days of the promulgation of this Ordinance, pay such worker the
difference between the amount actually paid to him and the amount to which he
is entitled under this Ordinance.
5. Agreements under duress to be void.– All agreements arrived at between the employers and
the workers under duress at any time during the period from the 1st day of
March, 1969 to the 25th day of March, 1969, shall, with effect from the date of
coming into force of this Ordinance, be void.
Explanation– In this section the words “under duress” include
circumstances in which due to fear either party is in a state of mental
incompetence to resist pressure improperly brought to bear due to violence or
threat of violence.
6. Effect of laws, orders, agreements,
etc., inconsistent with this Ordinance.–
The provisions of this Ordinance shall have effect notwithstanding anything
inconsistent therewith contained in any other law or in any order or
notification made or issued under any such law or in any award, agreement or
contract of service:---
Provided that where
under any such law, order, notification, award, agreement or contract of
service, other than an agreement declared to be void under section 5, an
unskilled worker is entitled to wages which are higher than the minimum wages
required to be paid under this Ordinance, he shall continue to be paid such
higher wages.
7. Penalty.– Any employer who contravenes any provisions of this
Ordinance shall be punishable with simple imprisonment for a term which may
extend to six months, or with fine which may extend to two thousand rupees, or
with both.
8. Cognizance of offences.– No Court shall take cognizance of any offence under
this Ordinance save on a complaint made by an aggrieved worker or by an officer
of a registered trade union of which such worker is a member, or any person
authorised in this behalf by Government.
[7][7][Schedule
[See Section 3]
Area |
Rate of minimum wages per month |
Deduction for providing housing accommodation |
Deduction for providing transport |
1 |
2 |
3 |
4 |
|
Rs. |
Rs. |
Rs. |
Karachi District |
[8][8][6000]
p.m. |
25 p.m. |
10 p.m. |
Industrial area |
[9][9][6000]
p.m. |
20 p.m. |
5 p.m. |
Other areas |
[10][10][6000]
p.m. |
13 p.m. |
2 p.m.] |
[1][1]This Ordinance was promulgated by the Administrator Martial Law, Zone ‘A’, on 25th August, 1969; published in the West Pakistan Gazette (Extraordinary), dated 1st September, 1969, pages 1399-1403; saved by Article 281 of the Interim Constitution of Pakistan (1972), and, validated by the Validation of Laws Act, 1975 (LXIII of 1975).
[2][2]Substituted, for “the Province of West Pakistan, except the Tribal Areas”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[3][3]Substituted ibid., for “Article 242 of the Constitution of 1962.”
[4][4]Substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for “Government of West Pakistan”.
[5][5]Inserted by the West Pakistan Minimum Wages For Unskilled Workers (Amendment) Act, 1993 (Federal Act IX of 1993), effective from the first day of July, 1992.
[6][6]Substituted ibid.
[7][7]Substituted by the West Pakistan Minimum Wages For Unskilled Workers (Amendment) Act, 1993 (Federal Act IX of 1993), effective from the first day of July, 1992.
[8][8]Substituted for the figure “4600” by the Finance Act 2008 (Federal Act I of 2008).
[9][9]Ibid.
[10][10]Ibid.
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