THE WEST PAKISTAN ESSENTIAL SERVICES, (MAINTENANCE) ACT, 1958.

CONTENTS.

PREAMBLE.

SECTIONS.

1.                  Short title, extent and commencement.

2.                  Definitions.

3.                  Employment to which this Act, applies.

4.                  Power to order persons engaged in certain employments to remain in specified areas.

5.                  Offences.

6.                  Regulation of wages and conditions of service.

7.                  Penalties and procedure.

8.                  Bar of legal proceedings.

9.                  Saving of effect of laws imposing liability to national service.

10.              Repeal.

[1]THE WEST PAKISTAN ESSENTIAL SERVICES (MAINTENANCE) ACT, 1958. 

*(West Pakistan Act XXXIV of 1958) 

[24th April, 1958.] 

An Act to provide for the maintenance of certain essential services.

            It is hereby enacted as follows:—

            (3) It shall come into force at once.

(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 Government of [4][Khyber Pakhtunkhwa].

            [6][(2) Government may, by notification in the official Gazette, apply this Act to the employment in any autonomous body, including a University, the Board of Intermediate and Secondary Education, the Board of Technical Education, or any part thereof].

            (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".

(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 form 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 1.—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 1.—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.

            (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.

            (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.