Updated: Monday March 28, 2016/AlEthnien
Jamada El Thaniah 19, 1437/Somavara
Chaitra 08, 1938, at 04:37:52 AM
The Reservists (Reinstatement in Civil
Employment) Ordinance, 1965
1ORDINANCE NO. XXI OF 1965
[7th June, 1965]
An Ordinance to provide for the reinstatement in civil
employment of reservists called up for service or training in any of the
Defence Services.
WHEREAS it is expedient to provide for the
reinstatement in civil employment of reservists called up for service or
training in any of the Defence Services and matters ancillary thereto;
AND WHEREAS the national interest of
AND WHEREAS the National Assembly is not in
session and the President is satisfied that circumstances exist which render
immediate legislation necessary;
NOW, THEREFORE, in exercise of the powers
conferred by clause (1) of Article 29 of the Constitution, and of all other
powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance:---
1. Short title, extent and Commencement.___(1) This Ordinance may be called the Reservists
(Reinstatement in Civil Employment) Ordinance, 1965.
(2) It extends to
the whole of
(3) It shall come
into force at once.
2. Definition. In this Ordinance, unless there is anything repugnant in
the subject or context,-
1 Approved by the National Assembly of
(a) ” employer “
means any person who employs any other person, either directly or through
another person, whether on behalf of himself or any other person, and includes
Government and any corporation, institution or undertaking established or set
up under any law or by or under the authority of Government;
(b) ” reservist “
has the same meaning as in the Pakistan (Army and Air Force) Reserves Act, 1950
(XLVII of 1950), and includes a person who is liable to be
recalled after retirement, release or discharge to service or training under
any rule or regulation made under the Pakistan Army Act, 1952 (XXXII of 1952),
the Pakistan Air Force Act, 1953 (VI of 1953) and the Pakistan Navy Ordinance, 1961(XXXV of 1961).
3. Reinstatement of reservists called up
for army service, etc.___(1) Notwithstanding anything contained in any other law for
the time being in force or in any contract or agreement, a reservist who has
been called up for service or training whether before or after the commencement
of this Ordinance shall, upon the termination of such service or training, be
entitled to reinstatement in the employment from which he was released at the
time he was called up and the employer shall reinstate such reservist in such
employment or, if such reinstatement is less favourable to the reservist than
that to which he would, in the ordinary course, have been entitled, give him
such employment as is not so less favourable:
Provided that the employer shall not be
required to reinstate or employ any reservist if he does not apply or report to
the employer for the purpose within three months of his release from service or
training.
1(2) Where for any reason reinstatement or employment of a
reservist under sub-section (1) is not practicable, the employer shall, within
ten days from the date on which the reservist applies or reports himself for
reinstatement or employment, make an application to the 2[Federal
Government] or an authority empowered by it in this behalf for exemption from
the provisions of sub-section (1) and send a copy thereof to such reservists.
(3) Upon an application under sub-section
(2) the 2[Federal
Government] or the authority empowered by it shall, after such enquiry and
hearing as it considers necessary, make an order-
(a) exempting
the employer from the provisions of sub-section (1) ; or
(b) requiring
the employer to reinstate or give employment to the reservist 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 an order under
sub-section (3), he shall be punishable with imprisonment for a term which may
extend to six months, or with fine which may extend to ten thousand rupees, or
with both, and the court convicting him shall direct that the employer shall
also pay as compensation to the reservist concerned an amount equal to six
months' remuneration of the reservist at the rate to which he was entitled when
he was released.
3[(4A) Where the person guilty of an offence under this
Ordinance is a company or other body corporate, every director, manager,
secretary or other officer thereof who is, for the time being, competent to
comply with the provisions of this Ordinance shall, unless he proves that he
exercised all due diligence to prevent the commission of the offence, be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly.]
(5) No court inferior to that of a
Magistrate of the first class invested with powers under section 30 of the Code
of Criminal Procedure, 1898 (Act V of 1898) , shall try an offence under this section.
4.
Jurisdiction of courts barred. No
order made or proceedings taken under this Ordinance shall be called in
question in any court.
5.
Power to make rules. The 2[Federal
Government] may, by notification in the official Gazette, make rules for
carrying out the purposes of this Ordinance.
___________
1For notifn. issued under this sub-section, see Gaz. of
P., 1965, Pt.
2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central
Government”.
3 Sub-section (4A) ins. by the Reservists
(Reinstatement in Civil Employment) (Amdt.) ordinance, 1965 (47 of 1965), s. 2.
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