(W.P. Ordinance VIII of 1969)
[3 July 1969 ]
An Ordinance to amend and consolidate the law relating to
the hours and other conditions of work and employment of persons employed in
shops and commercial, industrial and other establishments in West
Pakistan and matters connected therewith
Preamble.– WHEREAS it is expedient to amend and consolidate the law
relating to the hours and other conditions of work and employment of persons
employed in shops and commercial, industrial and other establishments in West
Pakistan and matters connected therewith;
NOW,
THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969,
read with the Provisional Constitution Order, the Administrator of Martial Law,
Zone ‘A’ in exercise of the powers of the Governor of West Pakistan conferred
on him by the Chief Martial Law Administrator, is pleased to make and
promulgate the following Ordinance:-
1. Short title, extent, commencement and
application.– (1) This
Ordinance may be called the West Pakistan Shops and Establishments Ordinance,
1969.
(3) It shall come into force at once in such
areas, and its provisions shall automatically apply to such establishments or
classes thereof, to which any law on the subject was applicable immediately
before the coming into force of this Ordinance.
(4) Government may, by notification in the
official Gazette, extend the operation of this Ordinance or any provisions
thereof to any other area or establishment, or exclude any area or
establishment to which it extends, from its operation.
2. Definitions.– In this Ordinance, unless the context otherwise
requires–
(a) “adult”
means a person who has completed his seventeenth year of age;
(b) “apprentice”
means a person who is employed, whether on payment of wages or not, for the
purposes of being trained in any trade, craft or employment in any
establishment;
(d) “closed”
means not open for the service of any customer or to any business connected
with the establishment;
(e) “commercial
establishment” means an establishment which carries on any business, trade or
profession or any work in connection with, or incidental or ancillary to, any
business, trade or profession, and includes–
(i) a society registered under the Societies
Registration Act, 1860 (XXI of 1860), and a charitable or other trust, whether
registered or not, which carries on, whether for purposes of gain or not, any
business, trade or profession, or any work in connection with or incidental or
ancillary thereto;
(ii) an establishment wherein there is conducted
the business of advertising, commission, forwarding or a commercial agency;
(iii) a clerical department of a factory or of any
industrial or commercial undertaking;
(iv) an insurance company, joint stock company,
bank, brokers’ offices or exchange and office of lawyers, income-tax
practitioners, registered accountants, contractors and engineers;
(v) such other professional establishment or class thereof as
Government may, by notification in the official Gazette, declare to be
commercial establishments for the purposes of this Ordinance;
but
does not include a factory, shop, residential hotel, restaurant, eating house,
theatre or other place of public amusement or entertainment;
(f) “day”
means the period of twenty four hours beginning at mid-night, provided that in
the case of an employee, whose hours of work extend beyond mid-night, day means
the period of twenty four hours beginning when such employment commences,
irrespective of mid-night;
(g) “employee”
means any person employed whether directly or otherwise, about the business of
an establishment for the owner or occupier thereof, even though he receives no
reward or remuneration for his labour, but does not include a member of the
employer’s family;
(h) “employer”
means a person owning or having charge of the business of an establishment, and
includes an agent or manager or any other person acting on behalf of such
person in the general management or control of such establishment;
(i) “employer’s
family” means the employer’s husband or wife, as the case may be, sons,
daughters, father, mother and brothers and sisters living with and dependent on
the employer;
(j) “establishment”
means a shop, commercial establishment, industrial establishment, private
dispensary, maternity home, residential hotel, restaurant, eating house, cafe,
cinema, theatre, circus, or other place of public amusement or entertainment,
and such other establishments or class thereof as Government may, by
notification in the official Gazette, declare to be establishments for the
purposes of this Ordinance;
(k) “factory”
means a factory as defined in clause (j) of section 2 of the Factories Act,
1934 (XXV of 1934);
(l) “form”
means a form specified in the Schedule;
(n) “hours
of work” or “working hours” with reference to an establishment means the time
during which the employees in the establishment are at the disposal of the
employer, exclusive of any interval allowed for rest and meals;
(o) “industrial
establishment” means a workshop or other establishment in which the work of
making, altering, repairing, ornamenting, finishing or packing or otherwise
treating any article or substance with a view to its use, sale, transport,
delivery, or disposal is carried on or where any such service is rendered to a
customer, and includes such other class or classes of establishments as
Government may, by notification in the official Gazette, declare to be
industrial establishments for the purposes of this Ordinance, but does not
include a factory;
(p) “permanent
employee” means an employee who has been engaged on a permanent basis, and
includes an employee who has completed nine months continuous service in one or
different occupations in the same establishment, including breaks due to
sickness, accident, leave, illegal lock outs, legal strikes or involuntary
closure of the establishment, and has satisfactorily completed a probationary
period of three months;
(q) “prescribed”
means prescribed by rules made under this Ordinance;
(r) “residential
hotel” means any premises in which a bona
fide business is carried on for the supply of dwelling accommodation and
meals on payment of a sum of money by a traveller or any other member of the
public or class of the public and includes a club;
(s) “restaurant”
and “eating house” mean any premises in which is carried on wholly or
principally the business of the supply of meals or refreshments to the public
or a class of the public for consumption on the premises;
(t) “retail
trade” includes the business of a barber or hair- dresser, the sale of
refreshments or intoxicating liquors, and sales by auctions;
(u) “shop”
means any premises used wholly or in part for the whole-sale or retail sale of
commodities or articles, either for cash or on credit, or where services are
rendered to customers, and includes an office, a store room, godown, warehouse
or place of work, whether in the same premises or otherwise, mainly used in
connection with such trade or business;
(v) “temporary employee” means an employee who has
been engaged for work which is of an essentially temporary nature likely to be
finished within a period not exceeding nine months;
(w) “wages”
means wages as defined in the Payment of Wages Act, 1936 (IV of 1936);
(x) “week”
means a period of seven days beginning at mid-night on Saturday night;
(y) “young
person” means a person who is not a child and has not completed his seventeenth
year of age.
3. Reference to time of day.– References to time of day in this Ordinance are references
to [5][5][Pakistan
4. Power to grant exemptions.– Government may, by notification in the official Gazette,
exempt from the operation of all or any of the provisions of this Ordinance any
establishment or any class thereof or any employer or employee or class of
employers or employees on such conditions as it may think fit.
5. Ordinance not applicable to certain
establishments and persons.–
(1) Nothing in this Ordinance shall apply to–
(iii) offices of or under any local authority, a
trust, a corporation or any other public statutory body, which is not run for
profit or gain or in the course of its business does not make any profit or
gain;
(iv) shops or stalls in any public exhibition or
show, in so far as such shops or stalls deal in retail trade which is solely
subsidiary or ancillary to the main purpose of such exhibition or show;
(v) shops or stalls in any public fair or bazar held for religious or charitable
purposes;
(vi) clubs, hostels and messes not maintained for
profit or gain;
(vii) establishments for the treatment or care of the
sick, infirm, destitute or mentally unfit persons;
(viii) stalls and refreshment rooms at railway
stations, steamer and launch stations, docks, wharves and air ports, and on
trains, steamers or air crafts, so far as the sale of commodities is concerned;
(ix) any person employed as manager, travelling
agent, canvasser, messenger, watchman, caretaker or conservancy staff or any
person employed exclusively in connection with the collection, despatch,
delivery, and conveyance of, or custom formalities on goods;
(x) any person employed for the business of any
shop or commercial establishment mentioned in clauses (i) to (viii).
(2) Nothing in clause (a) of sub-section (1)
of section 6 and in section 7 shall apply to–
(i) clubs, hostels and messes maintained for profit
or gain, so far as service and attendance upon customers is concerned;
(ii) shops dealing solely in any vegetables, meat,
fish, dairy products, bread, pastries, sweet-meats and flowers, so far as the
sale of these articles is concerned;
(iii) shops dealing mainly in medicines, surgical
appliances, bandages or other medical requisites, so far as the sale of these articles
is concerned;
(iv) shops dealing in articles required for
funerals, burials or cremations, so far as the sale of these articles is
concerned;
(v) shops dealing mainly in tobacco, cigars,
cigarettes, biries, pan, liquid
refreshments sold retail for consumption on the premises, ice, newspapers or
periodicals, so far as the sale of these articles is concerned;
(vi) automobile service stations (not being repair
shops) and petrol pumps for the retail sale of petrol;
(vii) barbers and hair-dressers’ shops, so far as
service to customers is concerned;
(viii) cinemas, theatres and other places of public
entertainment.
(3) Notwithstanding anything contained in
sub-section (2), Government may, by general or special order fix the opening
and closing hours for all or any of the classes of establishments specified
therein.
(4) Notwithstanding anything contained in
sub-sections (1) and (2), Government may, by notification in the official
Gazette, direct that any of the establishments or persons specified therein
shall not be exempted from the operation of such provisions of this Ordinance
as are specified in such notification, and thereupon the provisions of this
Ordinance specified in such notification shall apply to such establishments or
persons.
6. Weekly
holiday in establishments.– [8][8][(1) Except as otherwise provided in this Ordinance, every
person employed in any establishment shall, in addition to the leave and
holidays as may be admissible to him under sections 14, 15 and 16, be allowed
as holiday, one day in each week.]
(2) No deduction on account of any
holiday allowed under sub-section (1) shall be made from the wages of any
employee of any establishment.
(3) If an employee is employed on daily
wages, he shall none-the-less be paid his daily wages for the holiday, and
where an employee is paid on piece-rate, he shall receive for the holidays the
average of the wages received during the week.
(5) The choice of a closed day shall rest
with the employer, who shall intimate such choice to the prescribed authority–
(a) in the case of an establishment existing at
the time this Ordinance comes into force, within two months thereof; and
(b) in
the case of an establishment set up after the coming into force of this
Ordinance, or to which the provisions of this Ordinance are subsequently
applied, within two months of the setting up of the establishment or the
application of the provisions of this section thereto, as the case may be.
(6) An employer who has intimated his choice
of a closed day under the provisions of sub-section (5), shall not change the
closed day for the establishment without the prior approval in writing of the
prescribed authority.
[10][10][7. Opening and closing hours of establishments.– (1) No establishment shall on any day remain open after 8:00 p.m. :
Provided
that any customer who was being or was waiting in the establishment to be
served at such hour, may be served during the period of thirty minutes
immediately following such hour:
Provided
further that Government may, by notification in the official Gazette, fix any
other hour after which establishments generally or any class of establishment
shall not remain open.
(2) Every employer shall display, at a
prominent place in the establishment, a board specifying the hours during which
the establishment will remain open.
(3) No employee shall be required or
permitted to work continuously in any establishment for more than six hours in
the case of an adult and for more than three and half hours in the case of a
young person, unless he has been allowed an interval for rest or meals of not
less than one hour.
(4) Except with the permission of
Government, no woman or young person shall be employed in any establishment
otherwise than between the hour of 9-00 a.m. to 7:00 p.m. ]
8. Daily, weekly hours and over-time.– Save as otherwise expressly provided in this Ordinance, no
adult employee shall be required or permitted to work in any establishment in
excess of nine hours a day and forty-eight hours a week, and no young person in
excess of seven hours a day and forty-two hours a week:
Provided
that in any day or in any week, in which there occurs stock-taking, making up
of accounts, settlement or such other business operation, and during such other
period, as may be prescribed, an adult employee of an establishment may be
required or permitted to work over-time in such establishment for more than
nine hours in such day and for more than forty-eight hours in such week, and a
young person for more than seven hours in such day and for more than forty-two
hours in such week, but so that the total number of hours so worked by an adult
does not exceed [11][11][six hundred and twenty-four] hours and by a young person [12][12][four hundred and sixty-eight] hours in any one year.
9. Over-time
wages.– When any
employee is required to work over-time in any establishment, as provided in the
proviso to section 8, the wages payable to such employee in respect of such
over-time work shall be calculated at double the ordinary rate of wages payable
to him [13][13][:]
[14][14][Provided
that no overtime shall be payable to the contract worker employed on piece rate
basis.]
[15][15][10. Spread-over.– The
period of work of an adult and young person shall be so arranged that inclusive
of the interval for rest or meals under section 7, it shall not spread-over
more than twelve hours in the case of adult and nine hours in the case of young
person:
Provided
that the total period of work so worked out, in case of an adult worker, shall
not exceed sixty hours and by a young person fifty-four hours in a week.]
11. Time and
conditions of payment of wages.–
(1) Every employer or his agent or the manager of an establishment shall fix
the period in respect of which wages to employees shall be payable and shall be
responsible for the payment to persons employed by him of all wages required to
be paid under this Ordinance.
(2) No wage period, so fixed, shall exceed
one month.
(3) The wages of every employee in any
establishment shall be paid on a working day before the expiry of the seventh
day of the last day of the wage period in respect of which the wages are
payable.
(4) All wages shall be paid in legal tender.
(5) Where the employment of any person is
terminated by or on behalf of the employer, the wages and other dues earned by
such person shall be paid before the expiry of the second working day after the
day on which his employment is terminated.
12. Claims
arising out of delay in payment of wages and penalty for malicious or vexatious
claims.– (1) Government
may, by notification in the official Gazette, appoint any person to be the
Authority to hear and decide for any specified area all claims arising out of
delay in the payment or non-payment of the wages of employees in that area.
(2) When contrary to the provisions of this
Ordinance, wages of any employee have been delayed or withheld, such employee
himself or through any other persons, whom he may authorise in this behalf, may
within four months from the day on which such payment was to be made, apply to
the Authority appointed under sub-section (1):
Provided
that an application may be admitted after the said period of four months but
not later than six months, if the applicant satisfies the Authority that he had
sufficient cause for not making the application within such period.
(3) When any application under sub-section
(2) is entertained, the Authority shall hear the applicant and the employer or
other person responsible for the payment of wages or give them an opportunity
of being heard and after such further inquiry, if any, as may be necessary, may
without prejudice to any other penalty to which such employer or other person
is liable under this Ordinance direct that payment be made to the applicant of
delayed wages together with the payment of such penalty, not exceeding fifty
rupees, as the Authority may fix:
Provided
that no direction for the payment of penalty shall be made in the case of
delayed wages if the Authority is satisfied that the delay was due to–
(a) a
bona fide error or bona fide dispute as to the amount
payable to the employee; or
(b) the
occurrence of an emergency, or the existence of such exceptional circumstances
that the person responsible for the payment of the wages was unable to make
prompt payment; or
(c) the
fault of the employee.
(4) If the Authority hearing any application
under this section is satisfied that it was either malicious or vexatious, the
Authority may direct that a penalty not exceeding fifty rupees be paid to the
employer or other person responsible for the payment of wages by the person
presenting the application.
(5) Any amount directed to be paid under
this section may be recovered–
(a) if
the Authority is a magistrate, by the Authority as if it were a fine imposed by
him as magistrate; and
(b) if
the Authority is not a magistrate, by any magistrate to whom the Authority
makes application in this behalf as if it were a fine imposed by such
magistrate.
(6) An appeal against a direction made by
the Authority under sub-section (3) or sub-section (4) may be referred to the
District Court within thirty days of the date on which the direction was made–
(a) by the employer or other person responsible
for the payment of wages under section 11 if the total sum directed to be paid
by way of wages and penalty exceeds one hundred rupees; or
(b) by
an employee, if the total amount of wages claimed to have been withheld from
him or from the unpaid group to which he belonged, exceeds fifty rupees; or
(c) by any person directed to pay a penalty under
sub-section (4).
(7) If there is no appeal, the direction of
the Authority made under sub-section (3) or sub-section (4) shall be final, and
where there is an appeal as provided in sub-section (6), the decision in appeal
shall be final.
(8) An Authority appointed under sub-section
(1) shall, for the purposes of determining any matter referred to in
sub-section (3) or sub-section (4)–
(a) have
all the powers as are vested in a Civil Court
under the Code of Civil Procedure, 1908 (V of 1908), for enforcing the
attendance of witnesses, compelling the production of documents, and taking of
evidence; and
(b) be
deemed to a Civil Court for all the purposes of section 195 and Chapter XXXV of
the Code of Criminal Procedure, 1898 (V of 1898).
13. Bar of suits.– No Court shall entertain any suit for the recovery of wages
in so far as the sum so claimed–
(a) forms
the subject of an application made under sub-section (2) of section 12, which
is pending before the Authority appointed under sub-section (1) of that
section, or of an appeal under sub-section (6) of the said section;
(b) has
formed the subject of a direction made under sub-section (3) of section 12;
(c) has
been adjudged in any proceedings under section 12 not to be owed to an
employee; or
(d) could have been recovered by an application
under section 12.
14. Annual leave.– (1) Every employee shall be allowed leave with full wages
for a period of fourteen days after continuous employment in an establishment,
whether in the same or different capacities, for a period of twelve months.
(2) If an employee does not in any period of
twelve months avail of the whole or any part of the leave allowed to him under
sub-section (1)–
(a) any leave not availed of by him shall be
added to the leave to be allowed to him under that sub-section in the
succeeding period of twelve months; provided that when the total leave due to
an employee under this section amounts to thirty days, no further accumulation
of or addition to such leave will be permissible;
(b) he
may, at his request, in lieu of the leave not availed of by him, be paid by the
employer full wages for such leave.
(3) For the purposes of computing the period
during which an employee has been in continuous employment within the meaning
of sub-section (1), the period during which he was on leave under this section,
or sections 15 and 16, shall be included.
15. Casual and sick
leave.– (1) Every employee shall be
entitled to casual leave with full wages for ten days in a calendar year. Such
leave shall not ordinarily be granted for more than three days at a time and
shall not be accumulated.
(2) Every employee shall be entitled to sick
leave with full wages for a total period of eight days in every year. Such
leave, if not availed of by any employee during a calendar year, may be carried
forward, but the total accumulation of such leave shall not exceed sixteen days
at any one time.
16. Festival
holidays.– Every employee shall be allowed ten
days festival holidays with full wages in a year. The days and dates for such
festival holidays shall be notified to the employees by the employer in the
beginning of the calendar year.
17. Wages during
leave or holiday period.–
(1) For each day of the leave or holidays allowed to an employee under sections
14, 15 and 16, he shall be paid at the rate equivalent to the daily average
amount, which, during the three months preceding the leave or holidays, was
being earned by the employee.
(2) An employee, who has been allowed leave
under section 14 for any period not less than four days in the case of an adult
and five days in the case of a young person, shall before the leave begins, be
paid his wages for the period of the leave allowed.
18. Sections
14, 15, 16 and 17 not to apply to certain establishments.– The provisions of sections 14, 15, 16
and 17 shall not apply in relation to employees employed in commercial
establishments as defined in clause (b) of section 2 of the West Pakistan
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (West
Pakistan Ordinance VI of 1968).
19. Termination of
employment.– (1) For terminating employment of a
permanent employee, one month’s notice in writing shall be given either by the
employer or by the employee and in lieu of notice, one month’s wages calculated
on the basis of average of wages earned during the preceding three months shall
be paid.
(2) No temporary employee, whether monthly
rated, weekly rated or daily rated, and no apprentice shall be entitled to any
notice or pay in lieu thereof if his services are terminated, but the services
of a temporary employee shall not be terminated as a punishment unless he has
been given an opportunity of explaining the charges levelled against him.
20. Prohibition of
employment of children.–
No child shall be required or allowed to work in any establishment.
21. Contracting
out.– Any contract or agreement, whether
made before or after the commencement of this Ordinance, whereby an employee
relinquished any right conferred by this Ordinance shall be null and void in so
far as it purports to deprive him of such right.
22. Guarding of
machinery.– In every industrial establishment,
all mechanically or electrically propelled machinery shall be guarded in the
prescribed manner.
23. Maintenance of
records and registers.–
Every employer shall, for the purpose of this Ordinance, maintain such records
and registers and furnish such information as may be prescribed.
24. Registration of
establishment and fee for registration.–
(1) Every establishment, other than a one man shop, as hereinafter defined, and
factories employing clerical staff within the factory premises, shall be
registered with the Deputy Chief Inspector for the area within which such
establishment is situated.
(2) An application for registration of an
establishment shall be made by the employer in Form ‘A’ and shall be
accompanied by a Treasury Challan under Head [16][16][XXXVI-Miscellaneous
Departments-G-Miscellaneous-(S)-Receipts under the West Pakistan Shops and
Establishments Ordinance, 1969] for an amount of–
Rs. 2.00 in
the case of an establishment employing 1 to 5 workers.
Rs. 3.00 in
the case of an establishment employing 6 to 10 workers.
Rs. 5.00 in
the case of an establishment employing 11 to 20 workers.
Rs. 10.00 in
the case of an establishment employing more than 20 workers.
Explanation– For the purposes of this section, “one man shop” means a
shop run by an employer or by any member of his family without engaging an
employee.
(3) An application for registration of an
establishment shall be made–
(a) in the case of an establishment existing at the
time this Ordinance comes into force, within three months thereof; and
(b) in
the case of an establishment set up after the coming into force of this
Ordinance or to which the provisions of this Ordinance are subsequently
applied, within two months of the setting up of the establishment or the
application of this Ordinance thereto, as the case may be.
(4) On receipt of the application and the
fees specified in sub-section (2), the Deputy Chief Inspector shall, on being
satisfied about the correctness of the application register the establishment
in the Register of Establishments to be maintained in Form ‘B’ and shall issue
a registration certificate to the employer in Form ‘C’.
(5) The registration certificate shall be
prominently displayed by the employer at the establishment and shall be renewed
after every two years on depositing fee as prescribed in sub-section (2).
25. Appointment of
Chief Inspector, Deputy Chief Inspectors and Inspectors.– (1) Government may, by notification in the official Gazette,
appoint–
(a) a
Chief Inspector of Shops for the whole of the Province;
(b) Deputy
Chief Inspectors of Shops for such areas as may be notified; and
(c) such
person or class of persons as it thinks fit to be Inspectors for the purposes
of this Ordinance within such local limits as may be specified by the Chief
Inspector of Shops.
(2) The Chief Inspector of Shops and the
Deputy Chief Inspectors of Shops–
(a) shall
supervise the work of Inspectors appointed under clause (c) of sub-section (1)
in such manner as may be prescribed; and
(b) may
exercise all or any of the powers of an Inspector.
(3) The Chief Inspector of Shops, Deputy
Chief Inspectors of Shops and Inspectors appointed under sub-section (1) shall
be deemed to be public servants within the meaning of section 21 of the
Pakistan Penal Code (XLV of 1860).
26. Powers
of Inspectors.– An Inspector appointed under section 25 may, for the purposes of this
Ordinance and within the local limits for which he is appointed, at all
reasonable times enter into any place which is, or which he has reason to
believe is, an establishment, with such assistants, if any being persons in the
service of Government, and make such examination of that place or of any
prescribed record, register, or other documents maintained therein, and may
require such explanation of any prescribed record, register or other documents
and do all such things as he considers necessary for the purpose of this
Ordinance.
27. Penalties.– (1) If any employer, with intent to
deceive, makes or causes or allows to be made, in any register, record or
notice required to be maintained under the provisions of this Ordinance or the
rules made thereunder, any entry, or wilfully omits or causes or allows to be
omitted from any such register, record or notice, any entry which is required
to be made thereunder, or maintains or causes or allows to be maintained more
than one set of any such register, record or notice except the office copy of
such notice, or sends or causes or allows to be sent to an Inspector any
statement, information or notice required to be sent under the provisions of
this Ordinance or the rules made thereunder, which to his knowledge is false in
any material particulars, he shall, on conviction, be punished with fine which
shall not be less than fifty rupees and which may extend to two hundred and
fifty rupees.
(2) Whoever contravenes any of the
provisions of section 6, 7, 19 or 20 shall, on conviction, be punishable with
fine which for the first offence may extend to rupees two hundred and fifty,
and for a second or subsequent offence with fine which may extend to rupees
five hundred or with simple imprisonment which may extend to three months, or
with both.
(3) Whoever contravenes any other provisions
of this Ordinance shall, on conviction, be punishable with fine which for the
first offence may extend to rupees one hundred and fifty, and for a second or
any subsequent offence to rupees two hundred and fifty or with simple
imprisonment which may extend to three months, or with both.
28. Procedure.– (1) No prosecution under this Ordinance or any rules made
thereunder shall be instituted except by or with the previous sanction of an
Inspector, or other officer or authority specially empowered by Government in
this behalf.
29. Limitation of
prosecutions.– No Court shall take cognizance of any offence
punishable under this Ordinance or any rule made thereunder unless complaint
thereof is made within three months from the date on which the alleged
commission of the offence comes to the knowledge of an Inspector.
30. Indemnity.– No suit, prosecution or legal proceedings shall lie against
any person in respect of anything done in good faith under this Ordinance or
the rules thereunder.
31. Delegation of
powers.– Government may, by notification in
the official Gazette, delegate all or any of its powers under this Ordinance or
the rules thereunder to any subordinate authority or agency as may be
considered expedient by it.
32. Power
to make rules.– (1) Government may, by notification in the official Gazette, make rules
for carrying out the purposes of this Ordinance.
(2) In making rules under this section,
Government may direct that any person committing breach thereof shall, on
conviction, be punishable with fine which may extend to fifty rupees, and where
the breach is a continuing one, with a further fine which may extend to ten
rupees for every day, after the first, during which the breach continues.
33. Saving of
certain rights and privileges.–
Nothing in this Ordinance shall affect any right or privilege to which an
employee is entitled on the date of the commencement of this Ordinance under
any law for the time being in force or under any award, agreement, settlement,
contract, custom or usage which is in force on that date, if such right or
privilege is more favourable to him than any right or privilege conferred upon
him by this Ordinance.
34. Repeal and
saving.– (1) The following enactments,
hereinafter referred to as the said Acts, are hereby repealed:-
(a) The
Sindh Shops and Establishments Act, 1940 (Sindh XVIII of 1940);
(b) The
Punjab Trade Employees Act, 1940 (Punjab X of
1940);
(c) The
North-West Frontier Trade Employees Act, 1947 (N.W.F.P. XX of 1947); and
(d) The
Weekly Holidays Act, 1942 (XVII of 1942).
(2) Notwithstanding the repeal of the said
Acts, everything done, orders passed, action taken, obligation, liability,
penalty or punishment incurred, enquiry or proceeding commenced, officer
appointed or person authorised, jurisdiction or power conferred, rule made or
notification issued, under any of the provisions of the said Acts, shall, if
not inconsistent with the provisions of this Ordinance, continue in force and
be deemed to have been done, passed, taken, incurred, commenced, appointed,
authorised, conferred, made or issued under the provisions of this Ordinance.
SCHEDULE
[See SECTION (2) (l) AND SECTION 24]
FORM ‘A’
Application Form
1. Name of the establishment, if any.
2. Postal address of the establishment.
3. Full name of the employer (including his
father’s name).
4. Full name of the Manager, if any (including
his father’s name).
5. Category of the establishment, i.e., whether a shop, industrial
establishment, commercial establishment, residential hotel, restaurant, eating
house, theatre or other place of public amusement or entertainment.
6. Total number of employees (state separately
the number of men, women and/or young persons, if any).
7. Date on which the establishment commenced its
work.
8. I hereby declare that the details given above
are correct to the best of my knowledge.
Dated Signature
of the employer
Note– This statement shall be sent to the Deputy Chief
Inspector of the area concerned with such fees as are prescribed in section 24
(2) of the West Pakistan Shops and Establishments Ordinance, 1969.
FORM ‘B’
REGISTER OF ESTABLISHMENTS
Part I–Shops.
Part II–Commercial Establishments.
Part III–Residential Hotels.
Part IV–Restaurants and Eating
Houses.
Part V–Theaters and other places of
Public Amusements or Entertainment.
|
Serial
No.
|
Registration certificate No.
|
Name of the Manager, if any.
|
Name of employer
|
Postal address of the establishment
|
Name of the establishment
|
Nature of the business
|
NUMBER OF MEMBERS OF EMPLOYER’S
FAMILY
Male Female Young
persons
|
Number of
other persons occupying managerial positions and employees engaged in
confidential capacity
|
TOTAL NUMBER OF EMPLOYEES
Adult Young
persons
|
Date of inspection
|
Date of registration
|
Date of renewal
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM ‘C’
REGISTRATION CERTIFICATE
Name of the
establishment, if any.
Name of the
employer.
Postal
address of the establishment.
Registration
No.
It is hereby certified that the
establishment as mentioned herein has been registered as a *___________________
under the West Pakistan Shops and Establishments Ordinance, 1969, this
_________________ day of _________________
Chief
Inspector of Shops, West Pakistan
RENEWALS
|
Date of renewal
|
From
|
To
|
Signature of the Chief Inspector
of Shops with seal
|
|
1.
2.
3.
|
|
|
|
*Here insert category of the
establishment.
[1][1]This Ordinance was promulgated by
the Administrator Martial Law, Zone ‘A’ on 30th June, 1969; published in the
West Pakistan Gazette (Extraordinary), dated 30th July, 1969, pages 1057-1076;
saved by Article 281 of the Interim Constitution of Pakistan (1972); and,
validated by the Validation of Laws Act, 1975 (LXIII of 1975).
[2][2]Substituted, for the “Province of West Pakistan except the Tribal Areas”, by
the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[3][3]The word “twelfth” was first
substituted by the West Pakistan Shops and Establishments (Punjab Amendment)
Act, 1975 (X of 1975), and, then, by the Labour Laws (Amendment) Act, 1977
(XVII of 1977).
[4][4]Substituted, for “Government of West Pakistan ”, by the Federal Adaptation of Laws Order,
1975 (P.O. 4 of 1975).
[5][5]Substituted, for “West
Pakistan ”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4
of 1975).
[10][10]Substituted by the West Pakistan Shops and Establishment (Amendment)
Ordinance, 1969 (XVII of 1969).
[11][11]Substituted for the words “one hundred and fifty” by
the Finance Act 2006 (Federal Act III of 2006), effective from July 1, 2006.
[16][16]Substituted by the West
Pakistan Shops and Establishments (Second Amendment) Ordinance, 1969 (XXXIX of
1969).
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