Updated: Saturday December 14, 2013/AsSabt
Safar 11, 1435/Sanivara
Agrahayana 23, 1935, at 06:45:24 PM
[1][1]The [2][2][
(W.P. Act XXXIV of 1958)
[
An Act to provide for the maintenance of
certain essential services
Preamble.— WHEREAS it is expedient to provide for the
maintenance of certain essential services in [3][3][the
It
is hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called the [4][4][
[5][5][(2) It
extends to the whole of the Province of [6][6][the
(3) It shall come into force at once.
2. Definitions.— In this Act, unless there is anything
repugnant in the subject or context—
(i) “employment” means any service for which
remuneration is received;
(ii) “essential service” means a service to the
employment of which this Act applies;
(iii) “Government” means the [7][7][Provincial Government of the
3. Employment to which this Act applies.— This Act shall apply to all employment under
the Government or any agency set up by it or a local authority or any service
relating to transport or civil defence.
4. Power to
order persons engaged in certain employments to remain in specified areas.— (1) The Government or
an officer authorised in this behalf by the Government may, [8][8][if the public interest so requires] by general or
special order, direct that any person or persons engaged in any employment or
class of employment to which this Act applies shall not depart out of such area
or areas and for such period not exceeding three months as may be specified in
such order.
(2) An order
made under sub-section (1) shall be published in such manner as the Government,
or the officer making the order, considers best calculated to bring it to the
notice of the persons affected by the order.
5. Offences.— Any person engaged in any employment or
class of employment to which this Act applies who—
(a) disobeys any lawful order
given in the course of such employment, or attempts to persuade any person to
disobey any such order, or
(b) without reasonable excuse abandons such
employment or absents himself from work, or
(c) departs from any area specified in an order
under sub-section (1) of section 4 without the consent of the Government or the
authority making that order,
and any employer of a
person engaged in an employment or class of employment to which this Act
applies who without reasonable excuse—
(1) discontinues
the employment of such person; or
(2) by
closing an establishment in which such person is engaged, causes the
discontinuance of his employment, or
(3) discontinues
or causes the discontinuance of an essential service,
is guilty of an
offence under this Act.
Explanation I— The fact that a person apprehends that by
continuing in his employment he will be exposed to increased physical danger is
not reasonable excuse within the meaning of clause (b).
Explanation
II— A
person abandons his employment within the meaning of clause (b) who, notwithstanding that it is an
express or implied term of his contract of employment that he may terminate his
employment on giving notice to his employer of his intention to do so, so
terminates his employment without the previous consent of his employer.
6. Regulation of wages and conditions of
service.— (1) The Government
may make rules regulating or empowering specified authorities to regulate the
wages and other conditions of service of persons or of any class of persons
engaged in any employment or class of employment to which this Act applies.
(2) When any such rules have been made, or
when any directions regulating wages or conditions of service have been given
by the authority empowered by such rules to give them, any person failing to
comply therewith is guilty of an offence under this Act.
7. Penalties and procedure.— (1) Any person found guilty of an offence
under this Act, shall be punishable with imprisonment for a term which may
extend to one year and shall also be liable to a fine.
(2) Where the person accused of an offence
under this Act is a company or other body corporate, every director, manager,
secretary or other officer thereof shall, unless he proves that the offence was
committed without his knowledge or that he exercised due diligence to prevent
the commission of the offence, be liable to the punishment provided for the
offence.
(3) No court shall take cognizance of an
offence under this Act except upon complaint in writing made by an officer
empowered by the Government in this behalf.
8. Bar of
legal proceedings.— No suit, prosecution or other legal proceeding shall lie
against any person for anything which is, in good faith, done or intended to be
done under this Act or the rules made thereunder.
9. Saving of effect of laws imposing
liability to national service.—
Nothing contained in this Act or in any declaration or order made thereunder,
shall have effect in derogation of any provision of law which is or may be for
the time being in force, imposing upon a person engaged in an employment or
class of employment to which this Act applies any liability to be called up for
national service or to undertake employment in the national service.
10. Repeal.—
The North-West Frontier Province Essential Services (Maintenance) Act, 1946[9][9], and the West Pakistan
Essential Services (Maintenance) Ordinance, 1957[10][10], are hereby repealed.
[1][1]For statement of objects and
reasons, see Gazette of West Pakistan
, (Extraordinary), dated 26th January, 1957, p.130; and, for proceedings in
Assembly, see West Pakistan Assembly
Debates, Vol. III, pp. 1327-1336.
This Act
was passed by the West Pakistan Assembly on 30th March, 1958: assented to by
the Governor of West
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Substituted by the West
Pakistan Laws (Extension to
[6][6]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[7][7]Ibid.
[8][8]Inserted by the
[9][9]N.W.F.P XII of 1946.
[10][10]W.P. Ord. VII of 1957.
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