CONTROL OF EMPLOYMENT RULES, 1965
(Gaz. of Pak. Extr. 19 Sep,
1965, p. 1166.)
(S. R. O. 223 (R)/65‑September
19, 1965.‑Rules made by Federal Government in .exercise of the powers conferred
by section 16 of the Control of Employment Ordinance, 1965 (XXXII of 1965).
1. Short title and
commencement.‑(1) These Rules may be
called the Control of Employment Rules, 1965.
(2) These shall come
into force at once.
2. Definition.‑In these rules, unless there is anything
repugnant in the subject or context,‑
(a) "Appeal"
means an appeal under any provision of the Ordinance or these rules;
(b) "Form"
means a form set out in the Appendix to these Rules;
(c) 'Ordinance"
means tire Control of Employment Ordinance, 1965 (XXXII of 1965);
(d) "section"
means a section of the Ordinance.
3. Collection of
information by the Board.‑The
Board nay call upon the owners or managers of any or all industrial
undertakings:-
(a) to furnish such
particulars of the personnel in the employ of these undertakings and within such
time as the Board may specify; and
(b) to register in Form
"A" all persons belonging to the managerial or supervisory grades of
personnel within such time as the Board may specify and thereafter to report
all changes in the particulars so registered as they occur.
4. Testing of technical
skill of personnel.‑(1) No person shall be
authorised by the Board to enter upon premises occupied by an industrial
undertaking and test the technical skill of any person in the employment of
such undertaking unless the Board has previously consulted the industrial
undertaking with regard to the suitability of the person selected and given due
weight to its views.
(2) An industrial
undertaking may during the consultation provided for in sub‑rule (1) request
that the tests referred to therein be carried out jointly by the person
selected by the Board and by a person belonging to the managerial or
supervisory grades of personnel to be nominated by the undertaking and any such
request shall be complied with by the Board.
(3) The Board may pay to
any person whom it may authorise to visit an industrial undertaking and test
the technical skill of persons, travelling expenses on the same scale as that
provided in the Province for the purposes of section 544 of the Code of
Criminal Procedure, 1898 (Act V of 1898).
5. Persons undergoing
test to be treated as on duty.‑(1) Any person directed by the Board under the Ordinance or
these Rules to present himself at a specified place for interview or inquiry or
submission to a test of his technical skill shall, if he is employed, be
treated by his employer as if he was on duty during the period of his absence
from work for such purpose and the employer shall make no deduction from his
salary or wages on account of such absence:
Provided that where the
period of such absence from work exceeds one day the salary or wages for any
period in excess of one day shall be paid by the Board.
(2) The Board shall pay
to any person whom it may direct under the Ordinance or these Rules to present
himself at a specified place for interview, inquiry or submission to a test of
his technical skill travelling expenses on the scale referred to in sub‑rule
(3) of rule 4.
(3) All orders passed by
the Board under the Ordinance or these rules as referred to in sub‑rule (1)
shall be communicated in Form L to the industrial undertaking (if any) by which
persons affected by the orders are employed.
Penalty for breach of
sub‑rule (1). Fine which may extend to Rs. 1,000.
6. Power to require
making of certain provisions before an undertaking is declared to be an
industrial undertaking.‑The
Provincial Government may as a condition of declaring or of continuing to
recognize any undertaking as a notified industrial undertaking, by general or
special order, require that the undertaking shall make such provision as may be
specified in the order in regard to the terms of service and conditions of work
of its employees and for affording technical instruction and training.
7. Meetings.‑The Board may meet at such times and .places as
it thinks fit and shall meet when required to do so by the Provincial Government.
8. Medical Examination.‑(1) (a) The Board may order any person to submit
himself to be examined by such medical authority as may be indicated in the
order.
(b) The medical
authority before whom a person selected for employment may be ordered to
appear, shall be the Civil Surgeon of the local area in which such person is
employed or usually resides or such other medical officer as the Board may by order
in writing appoint for this purpose.
(2) If any person who
has been ordered to submit himself to be examined by the medical. officer
referred to in sub‑rule (1) questions the decision of that officer, he may be
ordered by the Board to appear, before a Civil Medical Board to be convened by
the Government.
9. Procedure for
requiring release of personnel or directing personnel to undertaking
employment.‑(1) Before passing as
order under clause (c), (e) or (g) of sub‑section (2) of section 5, the Board
shall hold a summary inquiry at which any objections raised by the industrial
undertaking required to release the personnel concerned or by the person to be
taken into employment or to be transferred from one firm or place of employment
in an industrial undertaking to another, as the case may be, shall be
considered and briefly recorded:
Provided that in the
case of unemployed personnel who are to be taken into employment, the Board may
dispense with the holding of a summary inquiry.
(2) Notice in Form H or
J, as the case may be, stating the time and place fixed for the holding of the
inquiry referred to in sub‑rule (1) shall be sent to the industrial undertaking
of any) and personnel concerned in sufficient time to enable them to submit,
their objection, if any, to the Board.
(3) No order shall be
passed by the Board requiring an industrial undertaking to release personnel
for employment unless the Board is satisfied that the work on which the
personnel is to be engaged is more essential to the efficient prosecution of
the war than that on which he is for the time being employed and has recorded
its reasons in brief for arriving at such a decision.
(Sub‑rule (4) omitted by Noti. S.R.O. 274 (R)/65
of 14 October 1965, Gaz. of Pak , Extr: 14 Oct. 1965, p. 1307.)* * * * * * *
(5) All orders passed
by, the Board under clause (c), (e) or (R) of sub‑section (2) of section 5
shall be issued in the Form B, C, and C‑1, respectively.
(6) Copies of all orders
passed by the Board under clause (c), (e) or (g) of sub‑section (2) of section
5 shall be forwarded both to the old and new employers.
10. Relinquishing of
employment by dismissal of and engagement by industrial undertaking of
personnel.‑(1) The Board may
require any industrial undertaking to put up before a specified date and to
keep up on it& premises notices making known the provisions of this rule
and intimating also the place to which application to the Board may be
addressed.
(2) After any such
notice has been put up no person who is either employed in or is undergoing
training in that undertaking shall leave his employment or training unless he
has previously obtained permission in writing of the Board and if any person
leaves his employment or training without such permission, he may be required
to go back to such employment or training in addition to any penalty that may
be imposed on him by the Board under any provision of the Ordinance or these
rules.
(3) Where the Board
refuses permission to leave employment, the Board may on its own motion or on
application by the person refused permission lay down the terms of service on
which the employer shall continue to retain him in employment and the employer
shall not thereafter, notwithstanding anything contained in sub‑rule (4),
discharge, dismiss or release such person without the previous permission in
writing of the Board.
(4) Subject to the
provisions of this rule, no owner or manager of an industrial undertaking which
has been required to put up notice on its premises under sub‑rule (1) shall
discharge or dismiss any person without the previous permission in writing of
the Board, and, in any case where such owner or manager releases or removes
from one industrial undertaking and transfers to another any such person, he
shall give notice in writing of such release or removal to the Board stating
reasons for the release or removal within a period of twenty four hours:
Provided that it shall
not be necessary for the owner or manager of an industrial undertaking to
obtain such permission to discharge or dismiss a person, if such person‑
(a) was engaged on
probation but has not been confirmed ;
(b) was engaged for a
period specified in his written agreement of service, if that period has
expired ;
(c) was engaged for the
completion of a piece of work the nature of which was specified in writing at
the time of his engagement and which has been completed ;
(d) is certified by a
registered medical practitioner to be physically unfit for the work or class of
work in which he is engaged ;
(e) has, in the opinion
of the employer, been guilty of gross insubordination, habitual absence from
work or any serious misconduct or has been convicted of any criminal offence ;
or
(f) is the subject of
any adverse report:
Provided that in all
such cases the owner or manager concerned should give notice in writing to the
Board of the discharge or dismissal and the reasons therefore within twenty
four hours of discharge or dismissal.
(5) Every application
made to the Board by the owner or manager of an industrial undertaking under
this rule shall be sent by registered post or under a certificate of posting
and every order passed by the Board under this rule shall be communicated to
the owner or manager of the industrial undertaking making the application as
expeditiously as possible and, in any case, within fifteen days of the date of
despatch of such application, failing which the Board's permission shall be
assumed to have been obtained by such owner or manager.
(6) In considering
applications for the grant of permission under sub‑rule (2) or sub rule (4),
the Board shall be guided solely by the consideration whether in its opinion
the services of the person who wishes to leave his employment or training or
whom the employer proposes to discharge or dismiss, as the case may be, can be
employed most effectively in his existing employment or training.
(7) The Board may
control under clause (e) of sub‑section (2) of section 5 the engagement of personnel
by industrial undertakings by general orders published in the press when the
order is of general application, or by special order when the order is of
special application, directing‑
(a) that no industrial
undertaking shall offer employment to any class of personnel employed in a
notified industrial undertaking or class of industrial undertakings except
through or with the general or special approval of the Board ;
(b) that no
advertisement for personnel or any specified class thereof shall be issued or
published in the press by an industrial undertaking or class of industrial
undertakings except through or with the general or special approval of the
Board ;
(c) that no industrial
undertaking other than a notified industrial under taking shall engage
personnel already in employment on a higher wage than that drawn by the
personnel in their existing employment, without the consent in writing of the
Board ;
(d) that no personnel or
class of personnel employed in a notified industrial undertaking shall ask or
apply for employment elsewhere except with previous sanction in writing of the
Board ;.
(e) that the previous
approval of the Board shall be necessary for the engagement by an industrial
undertaking other than a notified industrial undertaking or such class or
classes of personnel as may be specified ;
(f) that any or all
industrial undertakings shall forward to the Board or an officer authorised by
it in his behalf,‑
(i) particulars of all
vacancies for personnel in their establishments other than vacancies for their
own apprentices, immediately on the vacancies occurring ;
(ii) a report in such
form as may be supplied by the Board stating, in the case of personnel
recommended for appointments to vacancies ;
(a) whether the personnel
have been engaged by the undertaking; or
(b) if the personnel
have not been employed, the reasons of the undertaking for not engaging them
;and
(iii) particulars of any
personnel it may engage after a specified date, m such form and within such period
as the Board may direct ; and
(g) that with effect
from a specified date any or all industrial undertakings shall issue to all or
any specified classes of personnel discharged, dismissed or released by or from
the undertakings or permitted by the Board to leave their employment in such
undertaking a service certificate in Form O or if the employee is already in
possession of such a certificate, make such additions to the certificate as
will bring it up‑to‑date. Penalty for breach of an order issued under this
rule. Fine which may extend to Rs. 1,000.
(8) Nothing in this rule
shall effect the terms of any valid contract regulating termination of
employment of any person entered into between such person and his employer.
Explanation. In this
rule,‑
(1) the word
"discharge" includes the trade term "lay off" or temporary
discharge for insufficiency of work ; and
(2) the term
"personnel" includes all personnel paid on a monthly, weekly, daily
or any other basis.
(9) (a) every order
passed by the Board under sub‑rule (1) shall be issued in form G.
(b) Every application
made or notice given to the Board by an owner or manager of an industrial
undertaking under this male 10 shall be in Form M or Form M‑1, as the case may
be, and if the Board so directs all applications from personnel to leave their
employment shall be submitted to it in Form N.
11. Training.‑(1) Before issuing the orders under clause (g)
of sub‑section (2) of section 5 concerning training of personnel, the Board
shall report the nature of personnel to be trained and the terms of condition
on which it is proposed to order training to be undertaken, to the Provincial
Government and shall pass orders only after receiving approval of that
Government.
(2) Every order passed
by the Board under clause (g) of sub‑section (2) of section 5 concerning
training shall be issued in Form C‑II.
12. Salary or wages paid
to a person taken into employment. ‑ (1) The Board shall fix the salary or wages to be paid to any
person taken into employment or transferred from one firm or place of
employment to another under clause (c). (e) or (g) of sub‑section (2) of
section 5 having due regard to the nature of employment which he has to
undertake and the salaries or wages of which he was in receipt in his previous
employment, if any.
(2) In fixing the
salaries yr wages to be laid to as person taken into employment under sub‑rule
(1) the Board shall endeavour to ensure that the economic position of such
person does coot suffer by reason of his being taken into such employment or of
his being so, transferred.
(3) The salaries or
wages fixed by the Board under this rule, shall be paid by the notified
industrial undertaking.
13. Terms of service of
person taken into employment.‑(1) Any person taken into employment or transferred from one firm
or place of employment to another under clause (c), (e) or (g) of sub‑section
(3) of section 5 shall, if the, Board so directs be permitted to continue to
subscribe to any provident or superannuation fund or other scheme for the
benefit of employees maintained or managed by the industrial undertaking by
which he was formerly, or in the case of transfer, originally employed under
the same terms and conditions as if he had continued to be employed by such
undertaking.
(2) When any person is
permitted by the Board to avail himself of, the privileges referred to in sub
rule (1) : ‑‑
(a) the industrial
undertaking by which he was originally released for employment on work shall
keep open his account and receive such subscriptions as may in accordance with
the rules of such fund be payable from time to time as if the subscriber were
still in its employment, and
(b) the notified
industrial undertaking in which the person has been taken or employed or to
which he has been transferred shall make such contributions to the fund from
time to time as were formerly payable by the industrial undertaking by which
the person was originally released.
Penalty for breach of
sub‑rule (2).‑Fine which may extend to Rs. 1,000.
14. Liability to report
defaulters.‑Every industrial
undertaking shall report to the Board the name and address of any person who
leaves his employment in the undertaking without the permission in writing of
the Board. The report shall be sent so as to reach t‑he Board‑within three days
of the event.
Explanation.‑‑For the
purpose of this rule, a person shall be deemed to have his employment if he
absents himself from work for more than three consecutive days without the
permission of the employer.
Penalty for breach of
this rule.‑Fine which may extend to Rs. 1,000.
15. Pay and allowance in
transit.—(1) Any person taken
into employment or transferred from one place of employment to another shall
be paid by the Board on first occasion of his reporting to the place or the new
place of employment travelling expenses at such rates as may be fixed by the
Board having regard to his status and mode of life;
Provided that no
travelling expenses shall be payable if the distance to the Place or the new
place of employment from the previous place of employment, or if he is
unemployed, from his actual place of residence when so taken, does not exceed
five miles.
(2) The salary or wages
of any person who is already employed and is directed to undertake employment
and who is transferred from one place of employment to another, shall, for the
period of transit, he paid by the new employer at such rates as may be fixed in
this behalf by the Board.
Penalty for breach of
this rule.‑‑Fine which may extend to Rs. 1,000.
16. Payment of
travelling expenses on termination of employment.‑(1) The owner or mananger of the notified
industrial undertaking in which any person taken into employment is employed at
the time of the final termination of such employment, shall, if the Board and
so directs, pay to such person travelling expenses to the original place of his
employment or, if he wits unemployed when first taken into employment or his
original place of residence at such rates as may be fixed by the Board, having
regard to his status and mode of life.
Provided that no
travelling expenses shall be payable if the distance to such place of
employment or place of residence does not exceed five miles,
(2) Any person who was
employed at the time when be was directed to undertake employment shall on the
final termination of such employ merit be paid salary or wages for the period
of transit for returning. to his former employment by the employer under whom
he is employed at the time of such termination at such rates as may be fixed in
this behalf by the Board.
Penalty for breach of
this rule.‑Fine which may extend to Rs. 1,000.
17. Free accommodation,
medical attention, etc.‑The
Board may, after ascertaining that the necessary facilities are available and
having regard to the status of the personnel and the general practice of the
industry or Department concerned, direct that any personnel taken into
employment on essential work or transferred from one firm or place of
employment on essential work to another shall be provided with such amenities
as free accommodation and free medical attention as may be specified in the
order and the employer shall comply with such direction.
Penalty for breach of
this rule.‑Fine which may extend lo Rs. 1,000.
18. Hours of work and
overtime.‑‑In dealing with
persons taken into employment the employer shall in all cases apply the rules
relating to hours of work and overtime rates in force in the notified
industrial undertaking so far as the said rules are not inconsistent with any
law for the time being in force.
Penalty for breach of
this rule.‑Fine which may extend to Rs. 1,000.
19. Leave.‑Any person taken into employment or transferred
from one firm or place of employment to another under clause (c), (e) or (g) of
sub‑section (2) of section 5 shall, if .the Board so directs; continue to be
eligible, subject to such a conditions as may be laid down by the Board, for
such leave with pay as was admissible to him in his previous employment or
original employment, as the case may be, and the notified industrial
undertaking into which he has been transferred shall grant him such leave at
its own cost.
Penalty for breach of
this rule.‑Fine which may extend to Rs. 1,000.
20. Procedure for
submission of appeals.‑(1)
Every appeal shall be written in English in Form D or E, as the case may be,
and sent within(Subs. For one month by
Noti, S. R. O. 137 (k)/72, Gaz. Pak. Pt. R, 21 Jan. 1972,)[seven days] of the order appealed against to the Board who will
communicate the same to the (Subs. for original words, ibid.)(Additional Chief
Secretary to the Provincial Government appointed in this behalf.) In
forwarding the appeal the Board shall enclose the proceedings or authenticated
copies of the case which gave rise to the appeal together with an explanation
on each of the points urged by the appellant. The Board may at its discretion
withhold any appeal sent after (Subs. For one month by Noti, S. R. O. 137 (k)/72, Gaz. Pak. Pt. R,
21 Jan. 1972,)(seven days) of the date of the order appealed
against.
(Sub‑rule (2), added. ibid.)[(2) The Additional Chief Secretary shall, within seven days of the
receipt of an appeal, communicate his decision thereon to the appellant through
the Board.]
21. Registers.‑Every notified industrial undertaking shall
maintain a register in Form F of the personnel taken into its employment under
any provision of the Ordinance or these rules.
Penalty for breach of
this rule.‑Fine which may extend to Rs. 1,000.
22. Maintenance of
Registers by the Board.The
Board shall maintain a register in such form as it deems suitable of all
personnel directed to undertake employment or transferred from one firm or
place of employment to another under the provisions of the Ordinance or these
rules showing trades or classes to which they belong, the industrial
undertaking by which they were released or from which they were transferred,
thy; notified industrial undertaking in which they were directed to undertake
Employment or to which they were transferred, the terms of service fixed sand the
results of appeals, if any.
23. Refixation of wages
of personnel to whom permission to leave employment is refused.‑‑(1) If, in consideration under rule 10, the
salary or wages of a person to whom permission to leave his employment has been
refused, the Board is satisfied that the salary or wages paid by the employer
is less than the rate prevailing for personnel of such persons class in the
locality concerned it may increase the fate to such an extent as will raise it
to the prevailing rate, and if that rate is less than the amount which the
person concerned would hay a received had he been permitted to leave his
employment and the Board is satisfied that there exist special reasons for the
higher rate so offered or obtainable the Board may further increase the rate to
such an extent as it considers fair and reasonable:
Provided that the total
salary or wages so fixed shall not exceed the prevailing rate by more than
twenty‑five percent.
(2) In considering under
the said rule the terms of service other than salary or wages of a person to
whom permission to leave his employment has been refused, the Board shall be
guided by the general practice of the industry concerned having due regard to
local conditions and the status of the person concerned and may, if necessary,
grant an allowance not exceeding twenty‑five per cent of the salary or wages
fixed under sub‑rule (1) in lieu of any amenities which are usually provided by
the industry but for which no facilities exist at the place where such person is
employed.
24. Accounts to be kept
by the Board.‑The Board shall keep
accounts in the forms and under rules and regulations for the time being in
force for the maintenance of accounts in the Provincial Government Departments.
25. Authorities under
whose signatures orders, notices, etc., to be issued.‑All orders of the Board and all notices on
prescribed forms, copies or extracts or other orders and directions given by
the Board shall be issued under the signature of the Chairman of the Board or
an officer of the Board authorised in writing in this behalf.
FORM A (See rule 3)
Name of industrial
undertaking
.........................................................................................
Register of Managerial
and Supervisory Personnel ………………………………………
Apprenticeship
|
Essential
Training
|
Practical
Experience in Chronological order
|
||||||||||
Name
|
Age
|
Name of Workshop
|
Deptt. Where employed.
|
Time Spend in such Deptts.
|
School or College
|
Particular course
|
Duration
|
Name of Workshop
|
Capacity in which
employed Duration
|
Duration
|
Pay
|
Details of experience gained i.e.,
type of job dealt with
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
FORM B
[See rule 9 (5)]
Order
requiring an Industrial Undertaking to release personnel
In exercise of the
powers conferred on us by clause (a) of sub‑section (2) of section 5 of the
Control of Employment Ordinance, 1965, we do hereby order and require you the
Owner/Manager of ------------------------------------------------------ to
release on or before the --------------------------------------- the personal
described below for employment in the notified industrial undertaking, viz.
------------------------ situated at/in the Department
of---------------------------------------
Name Father's
name Date
of birth TRADE
---------------------------------------
---------------------------------------
--------------------------------------
Chairman
or authorised officer,
Manpower
Board.
Dated-----------------------19
To
---------------------------------------
---------------------------------------
FORM C
[See rule 9 (5)]
Order directing personnel to take up employment
In exercise of‑the
powers conferred on us by clause (c) of sub‑section (2) of section 5 the
Control of Employment Ordinance, 1965, we do hereby direct and requite you Mr.
---------------------------------- s/o
------------------ of ------------------- trade ------------ to
undertake employment as ------------------- in ---------------------- being a
notified industrial undertaking situated at/in the Department
of --------------------- We do further direct and require, you to
report yourself to ----------------- for duty in the said industrial
undertaking/Department not later than the ------------------19
2. The following terms
of service have been fixed by us in accordance with the Control of Employment
Rules, 1965.
(1) Salary or wages,
including allowances, if any -----------------------------------------------
-----------------------------------------------------------------------------------------------
(2) Provident Fund (if
any) ---------------------------------------------------------------------
(3)
Leave ----------------------------------------------------------------------------------------------
(4) Travelling
allowances ---------------------------------------------------------------------------
(5) Salary or wages
during
transit ------------------------------------------------------------------
(6) Other concessions
(if
any) ----------------------------------------------------------------------
Note.‑Your attention is
drawn to the proviso to sub‑section (1) of section 7 of the Ordinance under
which if on the termination of your employment on essential work you do not
apply to your present employer for reinstatement within a period of two months
from the date of such termination you will be liable to forfeit the right to
reinstatement.
-----------------------------------
Chairman or authorised officer,
Manpower
Board.
Dated-------------------the----------------19
To
---------------------------------
---------------------------------
FORM C‑I
[See rule 9 (5)]
Order
it transferring personnel from one firm
OR
Place
of employment to another
In exercise of the
powers conferred by clause (g) sub‑section (2) of section 5 of the Control of
Employment Ordinance, 1965; we do hereby order that Mr.
-------------------------------------------------------- s/o---------------------- by
trade------------------------be transferred from --------------------------
being a notified industrial undertaking situated at/in the Department of
--------------------------- to ----------------------- being a notified
industrial undertaking situated at/in the Department of
----------------------------- and to direct the said Mr. ----------------- to
report himself to ------------------------for duty in the said industrial
undertaking/Department not later than the -------------------19
2. The following terms
of service have been fixed in accordance with the Control of Employment Rules,
1965.
(1) Salary or wages,
including allowances, if any--------------------------------------
(2) Provident Fund (if
any) -----------------------------------------------------------
(3)
Leave -------------------------------------- --------------------------------------
(4) Travelling allowance
-------------------------------------------------------------
(5) Salary or wages
during transit ---------------------------------------------------
(6) Other concessions
(if any) ------------------------------------------------------
--------------------------------------
Chairman
or authorised officer,
Manpower Board.
Dated--------------the------------19
To
----------------------------------
----------------------------------
FORM C‑II
[See rule 11 (2)]
Order
requiring an industrial undertaking to provide training of personnel
In exercise of the
powers conferred on us by clause (g) of sub‑section (2) of section 5 of the
Control of Employment Ordinance, 1965, we do hereby order
--------------------------- and require you the Owner/Manager of
-------------------- to take into your industrial undertaking(s) at
------------------------ persons for -------------------------- straining
as----------------------- before
the
---------------------- 19,
within --------------- months from the date of this order on the terms and
conditions specified below, and you are hereby warned that
on expiry
of ------------------- months from the date of this order an equivalent number
of personnel will be removed from your industrial undertakings) for essential
work elsewhere‑
Terms and conditions.
--------------------------------------
Chairman or authorised
officer,
Manpower Board.
Dated-----------------
the ------------------ 19
To
--------------------------------------
--------------------------------------
FORM D
[See rule 20]
Form
of appeal to be used by Industrial Undertakings
1. Name and address of
industrial undertaking ....................................
2. Name and address of
owner or managing agent ..............................
3. Name of Manager
………………………………………………..
4. Industry in which
engaged . .........................................................
5. Details of personnel
called up (including trade to which personnel belong)…….
6. Terms of service
fixed by the Board ………………………………………….
7. Brief particulars of
order appealed against ……………………………………
8. Grounds of appeal
.........................................................................................
Place …………………….
Date …………………….
Signature
FORM E
[See rule 20]
Form of appeal to be
used by personnel taken into employment on work
1. Name
-----------------------------------------------------------------------
2. Fathers
name ---------------------------------------------------------------
3. Home
address --------------------------------------------------------------
4. Date of
birth ----------------------------------------------------------------
5. It married, number of
dependents -------------------------------------------
6. Trade and grade of
class in which included ----------------------------------
7. Number of years of
experience in such trade ---------------------------------
8. Industrial
undertaking in which employed -------------------------------------
9. Salary or wages and
terms of service enjoyed in previous employment --------
10. Salary or wages and
terms of service fixed by Board. ------------------------
11. Brief particulars of
order appealed against.------------------------------------
12. Grounds of
appeal ----------------------------------------------------------
Place ------------------
Date ------------------
FORM F
[See rule 21]
Register
of personnel to be maintained by not fled industrial undertaking.
No.
|
Name
|
Father’s Name
|
Home address
|
If married, number of dependents
|
Trade of Class
|
Date of Birth
|
Industrial undertaking by which
released from or transferred
|
Date of release or transfer
|
Terms of services
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
1. Number and dates of
authorisations issued by or notices given to Board under rule 10 in regard to
leaving of employment, discharge, releases, transfers,
etc------------------------------------------------------------------------------------------------------------------------
2. Employee's
signature 3.
Employer's signature
or thumb
print. and
designation.
Date of issue ----------
Employer
--------------------------------------- Serial No
-----------------------------
FORM G
[See rule 19 (9) (a)]
Order
requiring industrial undertakings to put up notices on their premises
In exercise of the
powers conferred on us by rule 10 of the Control of Employment Rules, 1965, we
do hereby require you the Owner/Manager of
----------------------------------------------------------------------------------- being
an industrial undertaking‑
(1) to put up before the
---------------------19 ------------------------
and keep up and maintain in a legible condition in the language generally
spoken in the locality or/and in----------------------------------- conspicuous
places on your premises and at least at every entrance normally used,
provisions of rule 10 of the‑ Control of Employment Rules, 1965 (reproduced
hereunder);
(2) to read out the
notice in the language generally spoken in the locality once in every month to
all the persons working on the premises; and
(3) to intimate the
following address as the place to which applications to the Board may be
addressed : ‑
----------------
----------------
----------------
Chairman or authorised
officer,
Manpower Board.
Date------------ 19.
To
----------------
----------------
----------------
RULE 10.‑Relinquishment
of employment by dismissal of an engagement by industrial undertakings of
personnel
(1) The Board may
require any,‑ Industrial undertaking to put up before a specified date and to
keep on its premises notices making known the provisions of this rule and
intimating also the places to which applications to the Board may be addressed.
(2) After any such
notice leas been put up no person who is either employed in or is undergoing
training in that undertaking shall leave his employment or training unless he
has previously obtained permission in writing of the Board and if any person
leaves, his employment or training without such permission, he may be required
to go back to such employment or training in addition to any penalty that may
be imposed on him by the Board under any provision of the Ordinance or these
rules.
(3) Where the Board
.refuses permission to leave employment the Board may, on its own motion or on‑application
by the person refused permission, lay down the terms of service on which the
employer shall continue to retain him in employment and the employer shall not
thereafter, notwithstanding anything contained in sub‑rule (4), discharge,
dismiss or release such person without the previous permission in writing of
the Board.
(4) Subject to the
provisions of this rule, no owner or manager of an industrial undertaking which
has been required to put up notice on its premises under sub‑rule (1) shall
discharge or dismiss any person without the previous permission in writing of
the Board, and, in any case where such owner or manager releases or removes
from one industrial undertaking and transfers to another any such person, he
shall give notice in writing of such release or removal to the Board stating
reasons for the release or removal within a period of twenty-four hours
Provided that it shall
not be necessary for the owner or manager of an industrial undertaking to
obtain such permission to discharge or dismiss a person, if such person,‑
(a) was engaged on
probation but has not been confirmed ;
(b) was engaged for a
period specified in his written agreement of service, if that period has
expired ;
(c) was engaged for the
.completion of a piece of work the nature of which was specified in writing at
the time of his engagement and, which has been completed ;
(d) is certified by a
registered medical practitioner to be physically unfit for the work or class of
work in which he is engaged ;
(e) has, in the opinion
of the employer been guilty of gross insubordination, habitual absence from
work or any serious misconduct or has been convicted of any criminal offence ;
or
(f) is the subject of
any adverse police report : .
Provided that in all
such cases the owner or manager concerned shall give notice in writing to the
Board of the discharge or dismissal and the reasons therefore, within
twenty-four hours of such discharge or dismissal.
(5) Every application
made to the Board by the owner or manager of an industrial undertaking this
rule shall be sent by registered post or under a certificate of posting and
every order passed by the Board under this rule shall be communicated to the
owner or manager of the industrial undertaking making the application as
expeditiously as possible and in any case, within fifteen days of the date of
despatch of such application, failing which the Board's permission shall be
assumed to have been obtained by such owner or manager.
(6) In considering
applications for the grant of permission under sub‑rule (2) or sub‑rule (4) the
Board shall be guided solely by the consideration whether in its opinion the
services of the person who wishes to leave his employment or training or whom
the employer proposes to discharge or dismiss, as the case may be, can be
employed most effectively in his existing employment or training.
(7) The Board may
control under clause (e) of sub‑section (2) of section 5, the engagement of
personnel by industrial undertaking, by general order published in press when
the order, is of general application, or by special order when the order is of
special application, direction‑
(a) that no industrial
undertaking shall offer employment to any class of personnel employed in a
notified industrial undertaking or class of industrial undertaking except
through or with the general or special approval of the Board ;
(b) that no
advertisement for personnel or any specified class thereof shall be issued or
published in the press by an industrial undertaking or class of industrial
undertaking except through or with general or specified approval 'of the Board
;
(c) that no industrial
undertaking other than a notified industrial undertaking shall engage personnel
already in employment on a higher wage than that drawn by the personnel in
their existing employment, without the consent in writing of the Board ;
(d) that no personnel or
class of personnel employed in notified industrial undertaking shall ask or
apply for employment elsewhere except with the previous sanction in writing of
the Board ;
(e) that the previous
approval of the Board shall be necessary for the engagement by an industrial
undertaking other than a notified industrial undertaking of such class or
classes of personnel as may be specified ;
(f) that any or all
industrial undertakings shall forward to the Board or an officer authorised by
each in this behalf‑
(i) particulars of all
vacancies for personnel in their establishments, other than vacancies for their
own apprentices, immediately on the vacancies occurring ;
(ii) a report in such
form as may be supplied by the Board stating in the case of personnel
recommended for appointment to vacancies
(a) whether the personnel
have been engaged by the undertaking ; or
(b) if the personnel
have not been employed, the reasons of the undertaking for not engaging them ;
and
(iii) particulars of any
personnel it may engage after a specified date, in such Form :end within such
period as the Board, may direct ; and
(g) that with effect
from a specified date any or all industrial undertakings shall issue to all or
any specified classes of personae discharged, dismissed or released lay or
from the undertaking or permitted by the Board to leave their employment in
such undertaking service certificate in Form O or if the employee is already in
possession such a certificate make such additions to the certificate as will
bring., it up‑to‑date
Penalty for breach of an
order Issued under this rule.‑‑Fine which ma), extend to Rs. 1,000.
(8) Nothing in this rule
shall effect the terms of any valid contract regulating termination of
employment of any person entered into between such person and his employer.
Explanation.‑In this rule,‑
(1) the word `discharge'
includes the trade term `lay off' or temporary discharge for insufficiency of
work ; and
(2) the, term
`personnel' includes all personnel paid on a monthly, weekly, daily or any
other basis.
9. (a) Every order
passed by the Board under sub‑rule (f) shall be issued in Form G.''
(b) Every application
made or notice given to the Board by an owner or manager of an industrial
undertaking under this rule shall be to Form M or Form. M‑1, as the case may
be, and if the Board so directs all applications from personnel to leave their
employment shall be submitted to it, in Form N.
FORM H
[See rule 9 (2)]
Notice
of summary enquiry to industrial undertaking
Manager/Owner/Head of
the Department of ------------------- industrial undertaking situated at
---------------------------------------------- hereby informed that a summary
will be held under rule 9 of the Control of Employment Rules, 1965 at
----------------- A. M./P. M --------------- at -------------- on the --------------
19 ----------------------- at
------------ to determine the said industrial undertaking should be required to
release the under-noted personnel of employment in another firm/place of
employment and transfer to.
If the said Manager/Owner/Head
of the Department has any abjection to put forward to the release/transfer of
the said personnel he should submit the same to the Board on or before the
above mentioned date and may, if he wishes it, appear before the Board on the
date and at the time fixed, failing which order will be passed ex‑pane.
PERSONAL
Name Father’s
name Date
of birth Trade
-----------------------------------------
-----------------------------------------
-----------------------------------------
----------------------------------
Chairman or
authorised. officer,
Manpower Board.
Dated-------------the--------------19
To
-----------------
-----------------
FORM-J
[See rule 9 (2)]
Notice
of summary enquiry to personnel
Mr. ---------------- son
of --------------------------- of ------------------- is hereby informed that a
summary enquiry will be held under rule 9 of the Control of
Employment Rules. 1965,
at--------------------------------------------------------------- A.M./P,M,
on the------------------------------------------------ 19 at ----------------------
to determine whether . .he should be directed to undertake employment.
Transferred to another
firm/place of employment.
If Mr.
------------------------ has any objection to put forward to being directed to
undertake employment/being transferred he should submit the same to the Board
on or before the above mentioned date and may, if he wishes it, appear before
the Board on that date at the time fixed failing which orders will be passed ex
parte.
-----------------------------------
Chairman or authorised
officer,
Manpower Board.
Dated ----------- the
---------- 19
To
---------------------
--------------------
FORM L
[See rule 5]
Order
directing personnel to present themselves for interview; inquiry and submission
to a test of their skill
1. In exercise of the
powers conferred on us by rule 9 of the Control of Employment Rules, 1965 we do
hereby direct and enquire you Mr. -------------- s/o ------------ of
-------------------by trade
----------------------- to present yourself
before on the ------------------ 19 -----------at
----------------------------- A.M/P.M. for interview/inquiry and if required
submit yourself to a test of your technical skill.
2. You will be deemed to
be on duty during the period of your absence from work for the purpose
specified in paragraph 1 and will be entitled to receive your salary or wages
from your employer for the period of your absence not exceeding one day and
from the Board for any period in excess of one day. You will also receive your
travelling expenses from the Board.
------------------------------------
Chairman or authorised officer,
Manpower
Board.
Dated ------------- the
-------------- 19
To
--------------------
-------------------
FORM M
[(See rule 10 (9) (b)]
Application
for permission to discharge or dismiss personnel/Notice of discharge or
dismissal of personnel
1. Name of personnel to
be discharged or dismissed ----------------------------------
2. Address (Permanent)
--------------------------------------------------------------
3. Address
(Temporary) -------------------------------------------------------------
4.
Age -------------------------------------------------------------------------------
5.
Trade -----------------------------------------------------------------------------
6. Rate of
pay-------------------------------------------------------------------------
7. Work on which
engaged -----------------------------------------------------------
8. Name of industrial
undertaking where employed and the date on which employed---
----------------------------------------------------------------------------------------
9. Address of industrial
undertaking ----------------------------------------------------
10. Reasons for the
discharge or dismissal ---------------------------------------------
11. Date from which
discharge or dismissal is proposed to be given effect to-------------
------------------------------------------------------------------------------------------
12. Skill and
capabilities of personnel ----------------------------------------------------
(please give sufficient
indication to enable the Board to judge to what extent the personnel may be
suitable for employment on essential work).
---------------------------------
Signature of
the Applicant.
FORM M‑I
[See rule 10 (9) (b)]
Notice
of release or removal of personnel from one industrial undertaking to another
1. Name of personnel to
be discharged or dismissed ----------------------------------
2. Address (Permanent)
--------------------------------------------------------------
3. Address
(Temporary) -------------------------------------------------------------
4.
Age -------------------------------------------------------------------------------
5.
Trade -----------------------------------------------------------------------------
6. Rate of pay in
previous and present employments ----------------------------------
7. Work on which
actually engaged in previous employment --------------------------
8. Work on which
actually engaged in present employment ----------------------------
9. Name and address of
the industrial undertaking where previously employed and the date from which
employed -------------------------------------------------------------
10. Name and address of
the industrial undertaking where at present employed and the date from which
employed -------------------------------------------------------------
11. Reasons for release
or removal------------------------------------------------------
12. Date of release or
removal ---------------------------------------------------------
------------------------------
Signature of
owner/manager.
FORM N
[See rule 10 (9) (b)]
Application
of personnel for permission to lea re employment
1. Applicant's
name -------------------------------------------------------------
2. Address (Permanent)
---------------------------------------------------------
3. Address (Temporary)
---------------------------------------------------------
4. Age
---------------------------------------------------------------------------
5. Trade--------------------------------------------------------------------------
6. Rate of pay
--------------------------------------------------------------------
7. Name of industrial
undertaking where employed and the date from which employed
----------------------------------------------------------------------------------
8. Address of the
industrial undertaking -------------------------------------------
9. Reasons why applicant
wishes to leave -----------------------------------------
--------------------------
Signature of the
Applicant
Note I.‑ Applicants are
advised to submit this application to, the Board through their employers as
this will save time.
II.‑Employers forwarding
applications are requested
(i) to state on the
reverse what objection, if any, they have to the grant of permission under rule
10 ;
(ii) to give sufficient
details of the work on which the applicant is at present employed to indicate
to what extent his services are essential or otherwise ; and
(iii) to indicate what
degree or skill in his trade the applicant is considered to possess.
FORM O
[See rule 10 (7) (g)]
Service‑Certificate
Personnel particulars
Serial No.-------------------
1. Name
------------------------------------------------------------------------------------
2. (a) Home address
-------------------------------------------------------------------------
(b) Police
Station-----------------------------------------------------------------------------
(c) Father's
name ---------------------------------------------------------------------------
(d)
Caste------------------------------------------------------------------------------------
3. Date of birth
------------------------------------------------------------------------------
4. Religion
----------------------------------------------------------------------------------
5. Identification
marks-----------------------------------------------------------------------
6. Education .‑Literate
in --------------------------------------------------------------------
7. When recruited
---------------------------------------------------------------------------
8. Where
recruited --------------------------------------------------------------------------
9. Age at
recruitment ------------------------------------------------------------------------
Employee's signature
--------------------------- Serial No -----------------------------------
Space for photograph
|
Left
thumb impression:
Photograph dated
------------------- at the age of ------------------------------------------
Details of Employment
Serial No.
-------------------
Name of industrial
undertaking ---------------------------------------------------------------
2. Department(s) in
which employed ---------------------------------------------------------
3. Nature of
employment --------------------------------------------------------------------
4. Trade (if
any) -----------------------------------------------------------------------------
5. Appointment on
leaving -------------------------------------------------------------------
6. Rate of pay on
leaving service -------------------------------------------------------------
per month/per day
---------------------------------------------------------------------------
7. Reasons for leaving
service ----------------------------------------------------------------
8.
Conduct ---------------------------------------------------------------------------------
9.
Abilities-----------------------------------------------------------------------------------
10. Time keeping.
---------------------------------------------------------------------------
--------------------------------------
Signature
of owner/manager
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