Updated: Sunday June 01, 2014/AlAhad Sha'ban 03, 1435/Ravivara Jyaistha 11, 1936, at 12:54:46 PM

The Road Transport Corporation (Sind) Removal of Undesirable Employees Ordinance, 1965

Gaz. of West Pak. Extr 17 May 1965, p. 2237.

[Approved by the Provincial Assembly of West Pakistan in pursuance of Clause (3) of Article 79 of the Constitution]

[13 May 1965]

West Pakistan Ordinance No VIII of 1965

AN ORDINANCE to provide for the termination of services of undesirable employees of the Road Transport Board)

Preamble omitted by the Sind Act, No. XVII of 1975, s 3 & Sch II.* * * * * * * * * * * *

1 Short title and commencement.‑(1) This Ordinance may be called the Subs. for “West Pakistan” by Sind Adaptation of Laws Order, 1975, s. 2 & Sch, [Road Transport Corporation (Sind)] Removal of Undesirable Employees Ordinance, 1965.

(2) It shall come into force at once.

2. Definition.-- 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) “appropriate authority” means,---

(i) Government in the case of employees appointed by Government or persons whose services have been transferred by Government to the Corporation;

(ii) Corporation in the case of employees appointed by the Corporation; and

(iii) Chairman in the case of employees appointed by an authority or officer subordinate to the Chairman;

(b) “Chairman” means the Chairman of the Corporation;

(c) “Corporation” means the Road Transport Corporation established under section 43-A of the Motor Vehicles Act, 1939 (Act IV of 1939);

(d) “employee’ means any person serving in connection with the affairs of the Corporation including a person whose services have been transferred to the Corporation but does not include a person on deputation from a Government; and

(e) “Government” means the Government of Sind.

3. Termination of service.--- If in the opinion of the appropriate authority any employee is undesirable and it is expedient, in the public interest, to terminate his services, the appropriate authority, may, notwithstanding anything to be contrary, contained in any law, rule or instrument having the force of law,---

(i) after giving such employee a reasonable opportunity to show cause against the action proposed to be taken against him, terminate his services; and

(ii) direct that such gratuity or Provident Fund as may be admissible to such employee. under the rules and specified in the order be paid to him.

4. Appeal.--- (1) Any employee In respect of whom an order terminating his services has been made under section 3 by the Chairman or the Corporation, may, within fifteen days of the communication to him of the order, appeal against the order to Government, and the order made in appeal shall be final.

(2) Where an order of retirement under section 3 has been made by Government, no appeal shall lie against such order, but the person in respect of whom such an order has been made, may, within fifteen days of the communication to him of such order, apply for review of the order to Government, and any order passed in review shall be final.

5. Protection taken under the Ordinance.--- No suit, prosecution or other legal proceedings shall lie against Government, the Corporation or any other officer or servant of the Corporation for anything in good faith done or intended to be done under this Ordinance.

 

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