( XXXIV of 1958)
[25th April, 1958]
An
Act
to
provide for the maintenance of certain essential services.
Preamble.— WHEREAS it is expedient to
provide for the maintenance of certain essential services in 3the Punjab;
It is hereby enacted as follows:-
1.
Short title,
extent and commencement.— (1) This Act may be called the 4Punjab Essential Services (Maintenance) Act,
1958.
(3) It shall come into force at
once.
2.
Definitions.—
In this Act, unless there is anything repugnant in the subject or context— (i) “employment” means any service for which
remuneration is received;
(ii) “essential
service” means a service to the employment of which this Act applies; (iii) “Government” means the 8Provincial Government
of the Punjab.
3.
Employment
to which this Act applies.— This Act shall apply to all employment under
the Government or any agency set up by it or a local authority or any service
relating to transport or civil defence.
4.
Power to
order persons engaged in certain employments to remain in specified areas.—
(1) The Government or an officer authorised in this behalf by the Government
may, [6][if the public
interest so requires] by general or special order, direct that any person or
persons engaged in any employment or class of employment to which this Act
applies shall not depart out of such area or areas and for such period not
exceeding three months as may be specified in such order.
(2)
An order made under sub-section (1) shall be published
in such manner as the Government, or the officer making the order, considers
best calculated to bring it to the notice of the persons affected by the order.
5.
Offences.—
Any person engaged in any employment or class of employment to which this Act
applies who—
(a)
disobeys any lawful order given in the course of such
employment, or attempts to persuade any person to disobey any such order, or
(b)
without reasonable excuse abandons such employment or
absents himself from work, or
(c)
departs from any area specified in an order under
sub-section (1) of section 4 without the consent of the Government or the
authority making that order,
and any employer of a person engaged
in an employment or class of employment to which
this Act applies who without
reasonable excuse—
(1)
discontinues the employment of such person; or
(2)
by closing an establishment in which such person is
engaged, causes the discontinuance of his employment, or
(3)
discontinues or causes the discontinuance of an
essential service, is guilty of an offence under this Act.
Explanation
I— The fact that a person
apprehends that by continuing in his employment he will be exposed to increased
physical danger is not reasonable excuse within the meaning of clause (b).
Explanation
II— A person abandons his
employment within the meaning of clause (b)
who, notwithstanding that it is an express or implied term of his contract of
employment that he may terminate his employment on giving notice to his
employer of his intention to do so, so terminates his employment without the
previous consent of his employer.
6.
Regulation
of wages and conditions of service.— (1) The Government may make rules
regulating or empowering specified authorities to regulate the wages and other
conditions of service of persons or of any class of persons engaged in any
employment or class of employment to which this Act applies.
(2)
When any such rules have been made, or when any
directions regulating wages or conditions of service have been given by the
authority empowered by such rules to give them, any person failing to comply
therewith is guilty of an offence under this Act.
7.
Penalties
and procedure.— (1) Any person found guilty of an offence under this Act,
shall be punishable with imprisonment for a term which may extend to one year
and shall also be liable to a fine.
(2)
Where the person accused of an offence under this Act
is a company or other body corporate, every director, manager, secretary or
other officer thereof shall, unless he proves that the offence was committed
without his knowledge or that he exercised due diligence to prevent the
commission of the offence, be liable to the punishment provided for the
offence.
(3)
No court shall take cognizance of an offence under this
Act except upon complaint in writing made by an officer empowered by the
Government in this behalf.
8.
Bar of legal
proceedings.— No suit, prosecution or other legal proceeding shall lie
against any person for anything which is, in good faith, done or intended to be
done under this Act or the rules made thereunder.
9.
Saving of
effect of laws imposing liability to national service.— Nothing contained
in this Act or in any declaration or order made thereunder, shall have effect
in derogation of any provision of law which is or may be for the time being in
force, imposing upon a person engaged in an employment or class of employment
to which this Act applies any liability to be called up for national service or
to undertake employment in the national service.
10.
Repeal.—
The North-West Frontier Province Essential Services (Maintenance) Act, 1946[7], and the West
Pakistan Essential Services (Maintenance) Ordinance, 1957[8], are hereby
repealed.
[1]
For statement of objects and reasons, see Gazztte of West Pakistan,
(Extraordinary), dated 26th January, 1957 and for proceedings in
Assembly, see West Pakistan Assembly Debates, Vol. III, pp.1327-1336.
This Act was passed by the West Pakistan Assembly on 30th
March, 1958: assented to by the Governor of West Pakistan on 25th
April, 1958; and published in the West Pakistan Gazzette (Extraordinary), dated
25th
April, 1958, pp.719-722.
[2]
Substituted by the Punjab Laws (Adaptation) order, 1974 (Pb. A.O. 1 of 1974),
for “West Pakistan”. 3 Ibid. 4 Ibid.
[3]
For statement of objects and reasons, see
Gazette of West Pakistan , (Extraordinary), dated 26th
January, 1957, p.130; and, for proceedings in Assembly, see West Pakistan Assembly Debates, Vol. III, pp. 1327-1336.
This
Act was passed by the West Pakistan Assembly on 30th March, 1958: assented to
by the Governor of West Pakistan on 25 th April, 1958; and,
published in the West Pakistan Gazette (Extraordinary), dated 25th
April, 1958, pp.719-722.
[4]
Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964
(VII of 1964).
[5]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “West Pakistan”. 8 Ibid.
[6]
Inserted by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965).
[7]
N.W.F.P XII of 1946.
[8]
W.P. Ord. VII of 1957.
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