Updated: Tuesday November 19, 2013/AthThulatha
Muharram 16, 1435/Mangalavara
Karthika 28, 1935, at 09:46:51 PM
[1][1]The [2][2][
(W.P. Ordinance IV of 1963)
[
An
Ordinance to provide for the organized and planned growth of industries in [3][3][the
Preamble.— WHEREAS it is expedient to provide for the
organized and planned growth of industries in [4][4][the
AND,
WHEREAS the Provincial Assembly of West Pakistan is not in session, and the
Governor of West Pakistan is satisfied that circumstances exist which render
immediate legislation necessary;
Now,
THEREFORE, in pursuance of the powers conferred on him by clause (1) of Article
79 of the Constitution, the Governor of West Pakistan is pleased to make and
promulgate the following Ordinance:--
1. Short title, extent and commencement.— (1) This Ordinance may be called the [5][5][
(2) It extends to the province of [6][6][the
(3) This section and section 2 shall come
into force at once and the remaining provisions of the Ordinance shall come
into force in such local area and on such dates as the Government may, by
notification in the official Gazette specify.
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say—
(a) “Director” means the Director of Industries, [7][7][
(b) “Government” means the [8][8][Provincial Government of the
(c) “industrial undertaking” means an undertaking
pertaining to an industry (including any industry ancillary thereto) carried on
or to be carried on, in any local area, at a place or premises, including
precincts thereof, wherein twenty or more workers without the aid of power, or
ten or more workers with the aid of power, were working on any day during the
twelve months preceding the date of coming into operation of sections 3 to 12
in the local area concerned or are working and shall work for the manufacture
or processing of goods or commodities;
(d) “local area” means any
area to which the provisions of sections 3 to 12 have been applied in pursuance
of sub-section (3) of section 1;
(e) “rules” mean rules made under this Ordinance.
3. Restrictions
on establishment of industrial undertakings.— No person shall establish or cause to be
established any industrial undertaking or enlarge or cause to be enlarged any
existing industrial undertaking except with the previous permission in writing
of Government [9][9][:]
[10][10][Provided that the application of any person
for the grant of such permission shall not be rejected—
(a) without giving such person an opportunity of
showing cause against it; or
(b) unless the Government is
satisfied, on the basis of information available to it and after making such
inquiry as it may deem fit, that the grant of permission to such person will be
prejudicial to the national interest, or injurious to the health of or a source
of nuisance for, the residents of the local area in which the industrial
undertaking is proposed to be set up or, as the case may be, the industrial
undertaking which is proposed to be enlarged is situated.]
4. Check on
unauthorized establishment or enlargement of industrial undertaking.— Where the establishment
of an existing industrial undertaking is likely to be commenced or has been
commenced or has been completed in contravention of the provisions of this
Ordinance, Government or the Director, after giving the person responsible
therefor an opportunity of being heard, may by order require him—
(i) to refrain from such establishment or
enlargement; or
(ii) to stop further construction and to remove the
unauthorized undertaking or part thereof and the person concerned shall comply
with the order within such period as may be specified.
5. Power of obtaining information and of
entry.— For the purpose of
giving effect to the provisions of this Ordinance, Government or the Director
may—
(a) by order in writing
require any person to furnish such information in his possession relating to
any industrial undertaking as may be specified in the order;
(b) enter or authorize any person to enter an
industrial undertaking and take such action as may be necessary.
6. Delegation of powers.— Government may by general or special order
and subject to such conditions as may be specified in the order authorize any
officer or authority subordinate to it to exercise any of its powers and to
perform any of its functions and duties under this Ordinance and the rules.
7. Revision and appeal.— (1) Any person feeling aggrieved by an order
passed by Government or by any officer or authority under section 3 or section
4, may, within thirty days of the date of the order, apply to Government for a
revision of the order.
(2) Any person feeling aggrieved by an order
passed by the Director under section 4 may, within thirty days of the date of
the order, prefer an appeal to Government.
(3) If in any
case it shall appear to Government that any order passed by Government or the
Director, as the case may be, be set aside or modified, Government may pass
such order thereon as may be deemed fit:
Provided
that no such order shall be passed unless, in the case of an appeal, the
appellant and in any other case the party to be affected adversely, has been
given reasonable notice to appear and be heard.
(4) Subject to any order passed by
Government under the last preceding sub-section the order passed by Government
or the Director under section 3 or section 4, as the case may be, shall be
final.
8. Penalty
for contravention.— Whoever contravenes any of the provisions of this
Ordinance or the rules, or fails to comply with any order made thereunder, or
wilfully furnishes incomplete or false information required thereunder, or
obstructs any person in the discharge of his duties or functions thereunder,
shall be punished with imprisonment for a term which may extend to one year, or
with fine, or with both.
9. Cognizance of offence by court.— No court shall take cognizance of any
offence punishable under this Ordinance except on a complaint in writing made
by the Director.
10. Indemnity.— No suit or other legal
proceedings shall lie against Government, the Director or any person in respect
of anything which is in good faith done or intended to be done under this
Ordinance and the rules.
11. Exemption.— Government may, by
notification in the official Gazette, exempt any industrial undertaking or
class of industrial undertakings from all or any of the provisions of this
Ordinance or the rules.
12. Ordinance to over-ride other laws.— The provisions of this Ordinance and the
rules and orders made thereunder shall have effect notwithstanding anything to
the contrary contained in any other law, contract, instrument or document for
the time being in force.
13. Power
to make rules.— Government may make rules for carrying into effect the
provisions of this Ordinance.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 25th January, 1963; approved by
the Provincial Assembly of West Pakistan with amendments, on 27th March, 1963,
under clause (3) of Article 79 of the Constitution of the Islamic Republic of
Pakistan (1962); assented to by the Governor; and, published in the West
Pakistan Gazette (Extraordinary), dated 27th March, 1963, pages 1269-72.
[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]Ibid.
[6][6]Ibid.
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[8][8]Substituted ibid., for “Government of West
Pakistan”.
[9][9]Substituted, for the full
stop, by the Conformity with Fundamental Rights (Punjab Amendment of Laws) Act,
1976 (IX of 1976).
[10][10]Added ibid.
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home