Reservists (Reinstatement in Civil Employment) Ordinance, 1965

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THE RESERVISTS (REINSTATEMENT IN CIVIL EMPLOYMENT) 
ORDINANCE, 1965 
 
 
 
CONTENTS 
 
1. Short title, extent and Commencement 
 
2. Definition 
 
3. Reinstatement of reservists called up for army service, etc. 
 
4. Jurisdiction of courts barred 
 
5. Power to make rules  
  
 
 
 
 
 
 
 
 
 

 
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THE RESERVISTS (REINSTATEMENT IN CIVIL EMPLOYMENT) 
ORDINANCE, 1965 
 
ORDINANCE NO. XXI OF 1965 
[5th June, 1965] 
 
AN 
 
ORDINANCE 
to provide for the reinstatement in civil employment of reservists called up for service or 
training in any of the Defence Services 
WHEREAS it is expedient to provide for the reinstatement in civil employment of reservists 
called up for service or training in any of the Defence Services and matters ancillary thereto; 
 AND WHEREAS the national interest of Pakist an in relation to the achievement of 
uniformity within the meaning of clause (2) of Article 131 of the Constitution requires Ce ntral 
legislation in the matter;  
 AND WHEREAS the National Assembly is not in session and the President is satisfied that 
circumstances exist which render immediate legislation necessary; 
  NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 29 of the 
Constitution, 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 and Commencement. ___(1) T his Ordinance may be called the 
Reservists (Reinstatement in Civil Employment) Ordinance, 1965.   
 (2) It extends to the whole of Pakistan. 
  (3) It shall come into force at once. 
  2. Definition. —In this  Ordinance, unless there is anything repug nant in the subject or 
context,⸻ 
(a)  “employer” means any person who employs any other person, either directly 
or through another person, whether on behalf of himself or any other person, 
and includes Government a nd any corpora tion, institution or undertaking 
established or set up under any law or by or under the authority of 
Government; 
(b)  “reservist” has the same meaning as in the Pakistan (Army and Air Force) 
Reserves Act, 1950 (XLVII of 1950), and includes a person who is liable to be 
recalled after retirement, release or discharge to service or training under any 
rule or regulation made under the Pakistan Army Act, 1952 (XXXIX of 1952), 
the Pakistan Air Force Act, 1953  (VI of 1953)  and the Pakistan Navy 
Ordinance, 1961(XXXV of 1961). 
 
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 3. Reinstatement of reservists called up for army service, etc. ___(1) Notwithstanding 
anything contained in any other law for the time being in force or in any contract or agreement, a 
reservist who has been called up for service or training whether before or after the commencement of 
this Ordinance shall, upon the termination of such service or training, be entitled to reinstatement in 
the employment from which he was released at the time he was called up and the employer shall 
reinstate such reservist in such employment or, if such reinstatement is less favourable to the 
reservist 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 em ployer shall not be required to reinstate or employ any reservist if he 
does not apply or report to the employer for the purpose within three months of his release from 
service or training. 
 
  (2) Where for any reason reinstatement or employment of a reser vist under sub-section (1) is 
not practicable, the employer shall, within ten days from the date on which the reservist applies or 
reports himself for reinstatement or employment, make an application to the  2[Federal Government] 
or an authority em powered by it in this behalf for exemption from the provisions of sub -section (1) 
and send a copy thereof to such reservists. 
 
  (3) Upon an application under sub -section (2) the 1[Federal Government]  or the authority 
empowered by it shall, after such enquiry and hearing as it considers necessary, make an order⸻ 
 
(a)  exempting the employer from the provisions of sub-section (1) ; or 
 
(b)  requiring the employer to reinstate or give employment to the reservist 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 an order under sub -section (3), he shall be punishable with imprisonment for a term which may 
extend to six months, or with fine which may extend  to ten thousand rupees, or with both, and the 
court convicting him shall direct that the employer shall also pay as compensation to the reservist 
concerned an amount equal to six months' remuneration of the reservist at the rate to which he was 
entitled when he was released. 
 
 2[(4A). Where the person guilty of an offence under this Ordinance is a company or other 
body corporate, every director, manager, secretary or other officer thereof who is, for the time being, 
competent to comply with the provisions of this Ordinance shall, unless he proves that he exercised 
all due diligence to prevent the commission of the offence, be deemed to be guilty of the offence and 
shall be liable to be proceeded against and punished accordingly.] 
 
 (5) No court inferior to that of a Magistrate of the first class invested with powers under 
section 30 of the Code of Criminal Procedure, 1898  (Act V of 1898) , shall try an offence under this 
section. 
 
  4. Jurisdiction of courts bar red.—No order made or proceedings taken under this 
Ordinance shall be called in question in any court. 
 
  5. Power to make rules. —The 2[Federal Government] may, by notification in the official 
Gazette, make rules for carrying out the purposes of this Ordinance. 
 
RGN Uploaded Date: 27.03.2024 
 
 1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 
 2Sub-section (4A) ins. by the Reservists (Reinstatement in Civil Employment) (Amdt.) ordinance, 1965 (XLVII of 1965), s. 2.