COAL MINES (FIXATION
OF RATES OF WAGES) ORDINANCE, 1960[1]
( XXXIX of
1960)
[24th
September, 1960]
An
Ordinance
to provide for the
fixation of rates of wages in respect of labour employed in coal mines and for
matters connected therewith.
Whereas it is expedient to provide for
the fixation of rates of wages in respect of labour employed in coal mines and
for matters connected therewith.
Now therefore, in pursuance of the proclamation
of the seventh day of October, 1958, and in exercise of all 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 Coal Mines (Fixation of Rates of Wages) Ordinance,
1960. (2) It extends to the whole of [2](
Pakistan )
(3) It shall come into force at once.
2.
Definitions.—
In this Ordinance, unless there is anything repugnant in the subject or
context.-
(a)
“coal mine” means any excavation where any
operation for the purpose of searching for or obtaining coal or coke has been
or is being carried on, and includes all works, machinery, tramways and
sidings, whether above or below ground, in or adjacent to, or belonging to, a
coal mine:
Provided that it
shall not include any part of such premises on which a manufacturing process is
being carried on unless such process is for the making of coke or the dressing
of coal:
(b)
“owner” means owner of a coal mine and includes
a lessee or mortgagee in possession of such coal mine and any partner, managing
director, director, agent, manager or any other persons authorized to represent
the coal mine in its transaction;
(c)
“wages” shall have the same meaning as are
assigned to it in clause (vi) of section 2 of the Payment of Wages Act 1936 (IV
of 1936).
3.
Minimum rate
of Wages.— (1) The [3](Provincial
Government) may, from time to time, by notification in the official Gazette,
fix minimum rates of wages payable to persons employed in a coal mine.
(2) In fixing or
revising the minimum rates of wages fixed under this Ordinance, the (Provincial
Government) may, if it so considers necessary, consult the [4](Miners
Welfare Board) constituted under the [5][
Excise Duty on Minerals (Labour Welfare) Act, 1967 (VIII of 1967)].
4.
Coal mine
workers entitled to minimum wages.— On the issue of notification under
section 3, every person employed in a coal mine shall be entitled to be paid by
the owner wages at a rate which shall in no case be less than the rate of wages
specified in the notification.
5.
Ordinance
not to affect certain agreements, etc.— The provisions of the Ordinance
shall have effect notwithstanding anything inconsistent therewith in any award,
agreement or contract or service, whether made before or after the commencement
of this Ordinance:
Provided that
where under any such award, agreement, or contract of service a person employed
in a coal mine is entitled to higher rates of wages, he shall continue to be
entitled to such higher rates.
6.
Provisions
of this Ordinance to be in addition to and not in derogation of certain laws.— The
provisions of this Ordinance shall be in addition to, and not in derogation of
the provisions of the Payment of Wages Act, 1936 (IV of 1936), 1[West Pakistan
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (WP
Ordinance No.VI of 1968), and the Industrial Relations Ordinance, 1969 (XXIII
of 1969)].
1 Subs. for original words,
ibid.
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