THE WEST PAKISTAN INDUSTRIES (CONTROL ON ESTABLISHMENT AND ENLARGEMENT)

ORDINANCE, 1963.

(WEST PAKISTAN ORDINANCE IV OF 1963.)

                                                                                    [26^th January, 1963.]

CONTENTS

PREAMBLE

SECTIONS

1.            Short title, extent and commencement.

2.            Definitions.

3.            Restrictions on establishment of industrial undertaking.

4.            Check on unauthorized establishment or enlargement

 of industrial undertaking.

5.            Power of obtaining information and of entry.

6.            Delegation of powers.

7.            Revision and appeal.

8.            Penalty for contravention.

9.            Cognizance of offence by court.

10.        Indemnity.

11.        Exemption.

12.        Ordinance to over ride other laws.

13.        Power to make rules.

THE WEST PAKISTAN INDUSTRIES (CONTROL ON ESTABLISHMENT AND ENLARGEMENT)

ORDINANCE, 1963.

(WEST PAKISTAN ORDINANCE IV OF 1963.)

                                                                                    [26^th January, 1963.]

                                                   AN

                                         ORDINANCE

to provide for the organized and planned growth of industries in West Pakistan.

            AND WHEREAS, the Provincial Assembly of West Pakistan is not in session and the Governor of West Pakistan is satisfied, that circumstances exist which render immediate legislation necessary;

            NOW, THEREFORE, in pursuance of the powers conferred on him by clause (1) of Article 79 of the Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:—

            (2) It extends to the whole of the [1][Province of the Khyber Pakhtun-khwa] except the Tribal Areas.

(3) This section and section 2 shall come into force at once and the remaining provisions of the Ordinance shall come into force in such local area and on such dates as the Government may, by notification in the official Gazette specify.

(a)   “Director” means the Director of Industries, [2][ …… ] and includes any officer appointed by Government, to exercise all or any of the powers and perform all or any of the functions and duties of the Director under this Ordinance;

(b)   “Government” means the Government of [3][Khyber Pakhtun-khwa.]

(c)    “Industrial undertaking” means an undertaking pertaining to an industry (including any industry ancillary thereto) carried on or to be carried on, in any local area, at a place or premises, including precincts thereof, wherein twenty or more workers without the aid of power, or ten or more workers with the aid of power, were working on any day during the twelve months preceding the date of coming into operation of section 3 to 12 in the local area concerned or are working and shall work for the manufacture or processing of goods or commodities;

(d)   “local area” means any area to which the provisions of sections 3 to 12 have been applied in pursuance of sub-section (3) of section 1;

(e)    “rules” mean rules made under this Ordinance.

[5][Provided that the application of any person for the grant of such permission shall not be rejected—

(a)   without giving such person an opportunity of showing cause against it; or

(b)   unless Government is satisfied, on the basis of information available to it and after making such inquiry as it may deem fit, that the grant of permission to such person will be prejudicial to the national interest, or injurious to the health of, or a source of nuisance for, the residents of the local area in which the industrial undertaking is proposed to be set up or, as the case maybe, the industrial undertaking which is proposed to be enlarged is situated.]

(i)     to refrain from such establishment or enlargement; or

(ii)   to stop further construction and to remove the unauthorized undertaking or part thereof and the person concerned shall comply with the order within such period as may be specified.

(a)   by order in writing require any person to furnish such information in his possession relating to any industrial undertaking as may be specified in the order;

(b)   enter or authorize any person to enter an industrial under-taking and take such action as may be necessary.

            (2) Any person feeling aggrieved by an order passed by the Director under section 4 may, within thirty days of the order, prefer an appeal to Government.

(3) If in any case it shall appear to Government that any order passed by Government or the Director, as the case may be, be set aside or modified, Government may pass such order thereon as may be deemed fit:

            Provided that no such order shall be passed unless, in the case of an appeal, the appellant and in any other case the party to be affected adversely, has been given a reasonable notice to appear and be heard

(4) Subject to any order passed by Government under the last preceding sub-section the order passed by Government or the Director under section 3 or section 4, as the case may be, shall be final.