Ordinance XXII of 1965 · 8 pages
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THE CONTROL OF EMPLOYMENT ORDINANCE, 1965
CONTENTS
1. Short title, extent, application and commencement.
2. Definitions.
3. Manpower Council.
4. Manpower Board.
5. Functions and powers of the Board.
6. Obligation to comply with the order or direction of the Board, etc.
7. Reinstatement of person released under the orders of the Board.
8. Advisory Committee.
9. Manpower Tribunal.
10. Wetified industrial undertakings.
11. False statements.
12. Offences by Industrial undertakings.
13. Penalty and procedure.
14. Service of notice, etc.
15. Indemnity.
16. Power to make rules.
17. Savings.
Page 1 of 8
THE CONTROL OF EMPLOYMENT ORDINANCE, 1965
1
ORDINANCE NO. XXXII OF 1965
[18th September, 1965]
An Ordinance to provide for the collection of information relating to employment in industrial
undertakings and availability of persons therefor, and for the control and distribution of such
employment, and matters connected therewith or incidental thereto.
WHEREAS it is expedient to provide for the collection of information relating to
employment in industrial undertakings and availability of persons therefore, and for the control and
distribution of such employment, and matters connected therewith or incidental thereto;
AND WHEREAS a Proclamation of Emergency issued under clause (1) of Article 30 of the
Constitution is in force;
AND WHEREAS the President is satisfied that immediate legislation is necessary to meet
the emergency;
NOW, THEREFORE, in exercise of the powers conferred by clause (4) of Article 30 of the
Constitution, read with clause (2) of Article 131 thereof, and of all other powers enabling him in that
behalf, the President is pleased to make and promulgate the following Ordinance:—
1. Short title, extent, application and commencement.___(1) This Ordinance may be called
the Control of Employment Ordinance, 1965.
(2) It extends to the whole of Pakistan, and also applies to all citizens of Pakistan, and
vehicles, vessels and aircraft registered in or chartered for Pakistan wherever they may be.
(3) It shall come into force at once 2[and shall be deemed to have taken effect on the eighth
day of September, 1965].
2. Definitions.___ In this Ordinance, unless there is anything repugnant in the subject or
context, ___
(1) “Board” means a Manpower Board constituted under section 4;
(2) “essential personnel” has the same meaning as assigned to it in clause (a) of
section 2 of the Essential Personnel (Registration) Ordinance, 1948 (X of
1948), as amended from time to time;
(3) “essential” work means any work relating to the manufacture, production,
maintenance or repair of arms, ammunition and equipment or other supplies
and any other work which the 1[Federal Government] or the Provincial
Government may, by notification in the official Gazette, declare to be
essential work for the purposes of this Ordinance ;
1
Approved by the National Assembly of Pakistan on 26th November, 1965, see Gaz. of P., 1965, Ext., pp. 1424 _1429.
This Ordinance has been applied to the Provincially Administered Tribal, Areas or the parts or those areas to which it does not already
apply, see, Regulation No. I of 1972, s. 2 and Sch.
2
Added by the Control of Employment (Second Amdt.) Ordinance, 1965 (55 of 1965), s. 2.
1
Subs.by F.A.O., 1975 ,Art.2 and Table, for “CentralGovernment”
Page 2 of 8
(4) “industrial undertaking” means,___
(a) any concern engaged in___
(i) the manufacture or production of any article or commodity,
(ii) the supply or distribution of light, power, gas or water,
(iii) the supply or maintenance of any kind of mechanised transport;
(b) any concern engaged in installing equipment or erecting premises or
preparing and producing designs for, or testing the products of, any
concern referred to in sub‑clause (a);
(c) any technical training establishment or centre; and
(d) any other undertaking which the 1[Federal Government] or the
Provincial Government may, by notification in the official Gazette,
declare to be an industrial undertaking for the purposes of this
Ordinance ;
(5) “Manpower Council” means the National Manpower Council set up by the
1
[Federal Government] in the Labour and Social Welfare Division ;
(6) “prescribed” means prescribed by rules made under this Ordinance; and
(7) “Tribunal” means a Manpower Tribunal constituted under section 9.
3. Manpower Council.___(1) The 1[Federal Government] shall be the policy‑making body as
regards the purposes of this Ordinance 2[and be responsible for co-ordinating manpower problems
with the object of bringing a national approach to the labour‑supply policy during an emergency] and
may issue such directions in connection with the effective use of manpower to the Provincial
Governments and the Manpower Board as it may consider necessary.
(2) For the efficient performance of its functions under this Ordinance, the 1[Federal
Government] may___
(a) call for such information from the Provincial Governments as it may consider
necessary;
(b) co‑ordinate the work of the Manpower Board; and
(c) appoint such specialised agency to assist it as it may consider necessary.
4. Manpower Board.___ 3[(1) The Provincial Government shall constitute a Manpower Board
consisting of___
(i) the Secretary of the Labour Department of the Provincial Government, who
shall be the Chairman of the Board;
(ii) one member to represent the Industries Department of the Provincial
Government, to be nominated by the Department;
(iii) a Deputy Secretary in the Finance Department of the Provincial Government,
to be nominated by that Department;
(iv) one member to represent the General Headquarters, to be nominated by that
Headquarters;
(v) one member to represent the Railway Board of the Province, to be nominated
by that Board;
1
Subs. by F.A.O., 1975, Art. 2 end table for “Central Government”, which was previously amended by Ord. 35 of 1971, s. 2, for “Manpower
Council”.
2
Ins. by the Control of Employment (Amdt.) Ordinance, 1971 (35 of 1971), s. 2.
3
Subs. ibid., s. 3, for sub-section (1).
Page 3 of 8
(vi) one member to represent the Road Transport Corporation of the Province, to
be nominated by that Corporation;
(vii) the Adviser, Technical Education of the Provincial Government; and
(viii) the Deputy Secretary (Co‑ordination) in the Home Department of the
Provincial Government.
1
[* * * * * * *
(2) In the absence of the Secretary of the Labour Department a person nominated by him
shall act as the Chairman of the Board.]
Three members of the Board (including the Chairman) shall constitute a quorum at a meeting of the
Board.
(3) The Board may, subject to such conditions, if any, as it may think fit, delegate any of its
powers to its Chairman.
5. Functions and powers of the Board.__(1) The functions of the Board shall include
collection of information relating to employment in industrial undertakings and availability of
persons therefor, and to control and distribution of, and taking measures to make persons available
for, such employment :
Provided that the Board shall not ask from any employer any question about the employment
of a foreigner except through the Department of Investment Promotion and Supplies.
(2) For the purpose of sub‑section (1), the Board may___
(a) require any person or industrial undertaking to furnish or cause to be
furnished, such information and in such manner and form as it may specify;
(b) take measures, or cause measures to be taken, by the industrial undertaking or
other competent authority, to ensure that the required number of persons are
available for employment in such undertaking ;
(c) require any person to undertake any essential work he is competent to do ;
(d) prohibit any person from accepting any employment or offer of employment ;
(e) control or regulate the employment in any industrial undertaking ;
(f) regulate the relinquishment of employment by, and the dismissal of, any
person employed in any industrial undertaking ;
(g) order the release, transfer, interview, training or test of skill of any person
employed or to be considered for employment in any industrial undertaking ;
(h) prohibit persons employed or engaged in any essential work from leaving the
work or absenting themselves from duty or slowing down or otherwise
impeding their output ;
(i) lay down the terms and conditions of service of persons employed, or to be
employed, in any industrial undertaking ;
(j) authorize any of its members or officers to enter upon, inspect and search any
premises occupied by any industrial undertaking and to ask for and examine
any document relating to such undertaking and to enquire any person
employed or found therein to furnish any information relating thereto ;
1
Sub-section (1A) Omitted by F.A.O., 1975 Art. 2 and Sch ;
Page 4 of 8
(k) authorize any of its officers or any persons employed in a managerial or
supervisory capacity in any industrial undertaking to test therein the technical
skill of such persons as the Board may, by order in writing direct and require
any such undertaking to afford reasonable facilities for such test ;
(l) require any industrial undertaking to maintain such books of accounts and
records and in such form as it may direct ; and
(m) require the employment exchanges to issue call up notices.
6. Obligation to comply with the order or direction of the Board, etc.___(1) Where the
Board makes any order or gives any direction requiring any person or industrial undertaking to
furnish any information or document or to afford any facility or to take any measure or to do or
refrain from doing anything, such persons and, in the case of an industrial undertaking, the owner,
director, manager, secretary or other officer or agent thereof competent for the purpose, shall subject
to the other provisions of this section comply with such order or direction.
(2) Any person or industrial undertaking aggrieved by an order or direction of the Board may
prefer an appeal against such order or direction to the Provincial Government or to such officer or
authority as the Provincial Government may appoint, and the decision of the Provincial Government
or such officer or authority, as the case may be, shall be final 1[:]
2
[Provided that no orders on such appeal shall be passed unless the appellant has been given
an opportunity of being heard.]
(3) Failure or neglect to comply with any order or direction of the Board or, where an appeal
is preferred under sub‑section (2), with the final decision thereon shall be an offence under the
Ordinance.
7. Reinstatement of person released under the orders of the Board. ___3[(1) Subject to the
other provisions of this section, every employer by whom a person was released for any essential
work or for service under the 4[Compulsory Service in the Armed Forces Ordinance, 1971 (XXXI of
1971)], in pursuance of an order or requisition of the Board or of a notice served under section 5[5]
of the said Ordinance shall, on the termination of, or release from, such work or service, reinstate
such person in his former employment from which he was released and, if such reinstatement is less
favourable to such person than that to which he would, in the ordinary course, have been entitled,
give him such employment as is not so less favourable:
Provided that the employer shall not be required to so reinstate or employ any person if such
person does not apply or report to him for the purpose within three months of the termination of, or
release from, the essential work or such service.]
(2) Where for any reason reinstatement or employment under sub-section (l) is not
practicable, the employer shall, within seven days from the date on which the person to be reinstated
or employed applies or reports himself for reinstatement or employment, make an application to the
Tribunal for exemption from the provisions of sub‑section (1).
1
Subs. by the Control of Employment (Amdt.) Ordinance, 1984 (8 of 1984) s. 2 for full stop.
2
Proviso added ibid.
3
Subs. by the Control of Employment (Amdt.) Ordinance, 1969 (4 of 1969) s. 2 for sub, section (1) (w.e.f. 17-2-1969) i.e. the date on
which the Ord. No. XXIV of 1965 has ceased to have effect under cl. 7 of Art. 30 of the Constitution.
4
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II, for certain words.
5
Subs. ibid., for “6”
Page 5 of 8
(3) Upon an application of the employer under sub‑section (2), the Tribunal shall, after such
enquiry and hearing as it considers necessary, make an order either___
(a) exempting the employer from the provisions of sub‑section (l); in which case
the employer shall be required to pay to such person a compensation of a sum
not less than six months’ remuneration of the person calculated at the rate he
was entitled to when he was released by the employer ; or
(b) requiring the employer to reinstate or give employment to such person in the
terms of sub‑section (1) or on such terms and conditions as it may specify in
the order.
(4) If any employer contravenes the provisions of sub‑section (1), or fails or neglects to carry
out the order of the Tribunal under sub-section (3), he shall be guilty of an offence under this
Ordinance and be punishable with fine which may extend to one thousand rupees and, if the Court by
which he is convicted so directs shall also be liable to pay to the person with respect to whose
reinstatement or employment he has been convicted such sum not exceeding six months’
remuneration of that person calculated at the rate he was entitled to when he was released as the
Court may specify, in addition to pay compensation he is required to pay under clause (a) of
sub‑section (3).
(5) Any sum which the employer is required to pay under an order of the Tribunal under
sub‑section (3) or an order of the Court under sub‑section (4), shall be recoverable as if it were a fine
imposed by a Court.
8. Advisory Committee.___(1) The Board may, for obtaining advice and assistance in the
discharge of its functions under this Ordinance, constitute an Advisory Committee for such area and
in such place as it may think fit.
1
[(2) An Advisory Committee constituted under sub‑section (1) shall consist of___
(i) the Deputy Commissioner of the District concerned, who shall be the
Chairman of the Committee;
(ii) one member to represent the Industries Department of the Provincial
Government, to be nominated by that Department;
(iii) one member to represent the Railway Board of the Province, to be nominated
by that Board;
(iv) one member to represent the Road Transport Corporation of the Province, to
be nominated by that Corporation;
(v) one member to represent the workers of the area concerned;
(vi) one member to represent the employers of the area concerned; and
(vii) the Manager of the Employment Exchange of the area concerned, who shall
be the member‑secretary of the Committee.
2
[* * * * * *]
(3) Three members including the Chairman shall constitute a quorum at a meeting of the
Advisory Committee.
3
[(4) The Chairman of an Advisory Committee may co‑opt as a member thereof any person
resident in the area concerned whose association with the Committee is, in the opinion of the
Chairman, likely to be of assistance to the Committee.]
1
Subs. by the Control of Employment (Amdt.) Ordinance, 1971 (35 of 1971), s. 4, for sub-section (2).
2
Sub-section (2A) omitted by F.A.O., 1975, Art. 2 and Sch.
3
Added by Ord. 35 of 1971, s. 4.
Page 6 of 8
9. Manpower Tribunal.____ 1[(1) A Labour Court established under the Industrial Relations
Ordinance, 1969 (XXIII of 1969), hereinafter referred to as the Labour Court, is hereby constituted a
Manpower Tribunal for the disposal of applications under sub‑section (2) of section 7 in respect of
the whole of the Province for which it has been established or, as the case may be, in respect of the
territorial limits within which it exercises jurisdiction as such court.
(2) In addition to a Tribunal constituted under sub‑section (1), the Provincial Government
may constitute one or more Manpower Tribunals for such area or areas as it may consider necessary
for the disposal of applications under sub‑section (2) of section 7 and, where it constitutes a Tribunal
for an area within the territorial limits of the jurisdiction of a Labour Court, shall, by notification in
the official Gazette, specify the class of such applications which shall be disposed of by the Tribunal
so constituted and not by such Labour Court.
(3) The Tribunal constituted under sub‑section (2) shall consist of a chairman and two
members, all being appointed by the Provincial Government, one of the members being appointed to
represent the workers of the area concerned and the other to represent the employers of the area.
(3A) The Chairman of a Tribunal constituted under sub‑section (2) shall be a person who has
been, or is, or is qualified to be, a Judge or Additional Judge of a High Court or is a District Judge or
Additional District Judge and the members shall be appointed in consultation with the workmen and
the employers in such manner and on such terms and conditions as may be prescribed.]
(4) A member of the Board shall not be appointed to be member of a Tribunal.
(5) A Tribunal shall meet at such and places as it thinks fit.
(6) A Tribunal shall, for the purpose of receiving evidence, administering oaths, enforcing the
attendance of witnesses and compelling the discovery and production of documents, have the powers
of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), and shall be deemed to be
such Court within the meaning of sections 480, 482 and 484 of the Code of Criminal Procedure,
1898 (Act V of 1898).
10. Wetified industrial undertakings.___(1) The Provincial Government may, by
notification in the official Gazette, declare any industrial undertaking to be a notified industrial
undertaking for the purpose of this Ordinance.
(2) Every notified industrial undertaking shall report to the Board in such manner and within
such period all situations in the undertaking which are vacant or are soon likely to be vacant and
employ such essential personnel within such period and on such terms and conditions as the Board
may direct and no such industrial undertaking shall, except with the permission of the Board, fill any
vacancy in which essential personnel may be employed.
11. False statements.___ Any person who,___
(a) for the purpose of obtaining employment or procuring essential work,
knowingly describes himself, or allows himself to be described, to any
member of the Board or Advisory Committee as a person practising or
engaged in any profession, occupation or employment when in fact he does
not practise or engage himself in such profession, occupation or employment,
or
(b) for the purpose of obtaining release from any essential work, knowingly
makes, or allows to be made, any false statement to any member of the Board
or Advisory Committee, or
1
Subs. ibid., s.5, for sub-sections (1), (2) and (3).
Page 7 of 8
(c) being an owner, manager, or officer discharging managerial functions,
knowingly furnishes, or allows to be furnished, false information relating to
the undertaking, shall be guilty of an offence under this Ordinance.
12. Offences by Industrial undertakings.___ Where the person guilty of an offence under
the Ordinance or the rules made thereunder is an industrial undertaking, every owner, director,
manager, secretary or other officer or agent thereof shall, unless he proves that he made all efforts
and exercised all diligence to prevent the commission of the offence, be deemed to be guilty of such
offence.
13. Penalty and procedure.___(1) Whoever is guilty of an offence under this Ordinance or
the rules made thereunder shall, save as otherwise provided elsewhere in this Ordinance or in the
rules, be punishable with imprisonment for a term which may extend to six months or with fine
which may extend to one thousand rupees, or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of
1898), an offence under this Ordinance shall be cognizable.
(3) No Court shall take cognizance of an offence under this Ordinance except with the
previous sanction in writing of the Board.
(4) No Court inferior to that of a Magistrate of the first class shall try an offence under this
Ordinance.
14. Service of notice, etc.___ Any notice, direction or order under this Ordinance to be served
on any person may be served by being sent by post addressed to such person at his last known
address.
15. Indemnity.___ No suit, prosecution or other legal proceeding shall be instituted in any
Court in respect of anything in good faith done or intended to be done under this Ordinance.
16. Power to make rules.___(1) The 1[Federal Government] may, by notification in the
official Gazette, make rules 2[for carrying out the purposes of this Ordinance].
(2) Rules made under sub‑section (1) may provide any contravention thereof shall be
punishable with a penalty not exceeding that provided in section 13.
17. Savings.___ Nothing in this Ordinance shall apply to any industrial undertaking owned or
managed, or person employed, by the 1[Federal Government] or a Provincial Government or by such
authority, body or institution as may be notified in this behalf by the 1[Federal Government] or the
Provincial Government.
1
Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
2
For such rules, See Gaz. of P., 1965, Ext., pp. 1166-1167.
Page 8 of 8
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