Pakistan Essential Services (Maintenance) Act, 1952

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THE PAKISTAN ESSENTIAL SERVICES (MAINTENANCE) ACT, 
1952 
 
 
 
CONTENTS  
1.  Short title extent and commencement 
2.  Interpretation 
3.  Employment to which this Act applies 
4.  Powers 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 on legal proceedings 
9.  Saving of effect of laws imposing liability to national service 
10.  [Repealed]  
 
 
 
 
 
 
 
 
 
 

 
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THE PAKISTAN ESSENTIAL SERVICES (MAINTENANCE) ACT, 1952. 
1ACT NO. LIII OF 1952 
[14th December, 1952] 
An Act to provide for the maintenance of certain essential services 
 WHEREAS 2* **it is expedient to make provision for the maintenance of certain essential 
services: 
 It is hereby enacted as follows :___ 
 1. Short title extent and commencement.___ (1) This Act may be called the Pakistan Essential 
Services (Maintenance) Act, 1952. 
 3*   *   *   *   *   *   * 
 (3) It shall come into force at once. 
 2. Interpretation. In this Act, unless there is anything repugnant in the subject or context, 
“employment” includes employment of any nature 4[whether paid or unpaid, and whether in or out of 
Pakistan]. 
 5[3. Employment to which this Act applies.____ (1) This Act shall apply to every employment 
under the 6[Federal Government], and, subject to the provisions of subsection (2), to any employment 
or class of employment which the 6[Federal Government] may, by notification in the official Gazette, 
declare to be an employment or class of employment to which this Act applies. 
 (2) No declaration under sub-section (1) shall be made in respect of any employment or c lass 
of employment unless the 6[Federal Government] is of opinion that such employment or class of 
employment is essential : 
(a)  for securing the defence or the security of Pakistan or any part thereof, or  
 
 
 1 For Statement of Objects and Reasons, see Gaz. of P., 1952, Pt. IX, p. 20. 
 The Act has been applied to Baluchistan with effect on and from the 14th day of December, 1952 see Gaz. of P., 1953, Pt. I, p . 32; and 
extended to the Leassed Areas of Baluchistan, by the Leased Areas (Laws) Order, 1950 (G. G.. O. 3 of 1950). It has also been applied in 
(i) the Federated Areas of Baluchistan, see Gaz. of P., 1953, Pt. II, P. 152. 
It has also been extended to- 
(i) the Baluchistan States Union, by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G. G. O. 4 of 1953); and 
(ii) the Khairpur State by the Khairpur (Federal Laws) (Extension) Order, 1953 (G. G. O. 5 of 1953) 
This Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur (Applicatiow 
of Central Laws) Ordinance, 1960 (37 of 960), s. 2.] 
This Act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see Regulation 
No. I of 1972 Para 2 and Sch. 
 2The original words, commas and figures “the Declaration of emergency mades by the Governor-General under section 102 of the Government 
of India Aci1t, 1935, continues in force and” omitted by the Essential Services Maintenance (Adaptation) Order, 1956 (P. O. No. 13 of 1956), Art. 2 and 
Sch. 
 3 The original sub-section (2) omitted by the Pakistan Essential Services (Maintenance) (Amdt.) Act, 1958, (9 of 1958), s. 2. 
 4 Subs. ibid., s. 3, for “and whether paid or unpaid”. 
 5 Subs. by the Pakistan Essential Services (Maintenance) (Amdt.) Act, 1958 (9 of 1958), s. 4, for original section 3, as amended by the Essential 
Services Maintenance (Adaptation) Order, 1956 (P.O. No. 13 of 1956). 
 6 Subs. by the F.A.O., 1975 for Central Government 1975 Art., 2 and Table.  
 
 
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(b)  for the maintenance of such supplies or services as relate to any of the matt ers 
with respect to which the 2[Central Legislature] has power to make laws and are 
essential to the life of the community. 
 (3) A declaration under sub-section (1) shall remain in force for a p eriod of six months which 
the 1[Federal Government] may, by notification in the official Gazette, extend for further periods not 
exceeding six months at any time.] 
 4. Powers to order persons engaged in certain employments to remain in specified areas. 
___(1) I n respect o f any employment under 3[the 1[Federal Government] [and in respect of any 
employment or class of employment 4[declared] under section 3 to be an employment or class of 
employment to which this Act applies, the 5[Federal Government], or an office r authorized 6 in this 
behalf by that Government may, by general or special order, direct that any person or persons engaged 
in such employment shall not depart out of such area or areas as may be specified in such order. 
 (2) An order made under sub-section (1) shall be published in such manner as the 7[ 8[Federal 
Government] or the officer] making the order considers best calculated to bring it to the notice of the 
persons affected by the order. 
 9[5. Offences.___(1)] 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 to, or  
(b)  without reasonable excuse abandons such employment or absents himself from 
work 10[or refuses to work or to continue to work, whether or not acting in 
combination with, or under a common understanding of, any other person 
engaged in such employment]; or  
(c)  departs from any area specified in an order u nder sub-section (1) of section 4 
without the consent of the authority making that order, 
 and any employer of a person engaged in an employment or class of employment declared 
under section 3 to be an employment or class of employment to which this Act ap plies, who without 
reasonable excuse___ 
(i)  discontinues the employment of such person, or 
 
 
1 Subs. by the F.A.O., 1975 for Central Government 1975 Art., 2 and Table.  
2 Subs. by A. O., 1964, Art. 2 and Sch., for “Parliament”.  
3 Subs. by P. O. No. 13 of 1956, Art. 2 and Sch., for certain original words.  
4 Ins. ibid. . 
5 Subs. ibid., for “Government making the declaration”.  
6 For notifins. authorising certain officers of Posts and Telegraphs Department to exercise certain powers, see Gaz. of P., 1958, P. I, pt. 411, and for 
notifins. authorising Accountant General, Pakistan Revenues, to exercise certain powers, see Gaz. of P., Ext., p 625c. 
7 Subs. by P.O. No. 13 of 1956, Art. 2 & Sch. For Govt or Officer. . 
8 Subs. by F.A.O. 1975, Art. 2 and Table.  
9 Section 5 renumbered as subsection (1) of that section by the Pakistan Essential Services (Maintenance) (Amdt.) Act, 1958 (9 of 1958), s. 5.  
10 Certain words, ins., ibid. 
 
 
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(ii)  by closing an establishment in which such person is engaged, causes the 
discontinuance of his employment, 
is guilty of an offence under this Act. 
 Explanation 1.___The fact that a person apprehends that by continuing in his employ ment he 
will be exposed to increased physical danger is not a reasonable excuse within the meaning of clause 
(b).  
 Explanation 2. ___A person abandons his employment with in 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. 
 1[(2) Whoever instigates or incites any person e ngaged in any employment or class of 
employment to which this Act applies to commit an offence under this Act, or knowingly expends or 
supplies any money or otherwise acts in furtherance of the commission of such an offence, shall be 
deemed to have committed that offence.] 
 6. Regulation of wages and cond itions of service. ___(1) The 2[Federal Government] 3* * *, 
may make rules 4 regulating or empowering a specified authority 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 declared under section 3 to be an employment or class of employment  to which this Act 
applies. 
 5[(1A) Notwithstanding any provision in any such rules or directions regulating wages and 
other conditions of service, including any rules made or directions given before the commencement of 
the Pakistan Essential Services (Maintenance) (Amendment) Ordinance, 1978, as to the day on which 
they shall come into force, the Federal Government may direct that they shall be deemed to have taken 
effect on such day, not preceding the day on which such rules were made or direction were gi ven, as 
the Federal Government may specify.] 
 (2) When any such rules have been made or when any directions regulating wages or conditions 
of service have been given by an 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. 
 
 
 
1 New Sub-section (2) ins. by the Pakistan Essential Services (Maintenance) (Amdt.) Act, 1958 (9 of 1958) s. 5.  
2 Subs. by F.A.O., 1975 Art, 2 and Table.  
3 The original words “or Provincial or State Government” omitted by the Essential Services Maintenance (Adaptation Order, 1956 (P.O. No. 13 of 1956), 
Art. 2 and Sch.  
4 For the Pakistan Essential Services (Maintenance) Rules, 1962, see Gaz. of P., 1962, Ext., p. 1153a.  
5 Added by the Pakistan Essential Services (Maintenance (Amdt.) Ordinance 1978 (36 of 1978.) (s. 2, (w.e.f. 25-1-1978). 
 
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 (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 hi s knowledge or that he exercised due diligence to prevent the 
commission of the offence, be liable to the punishment provided for the offence. 
 1[(3) No court shall take cognizance of any offence under this Act except upon complaint in 
writing made by a se rvant of any Government in Pakistan aut horised in this behalf by the 2[Federal] 
3[Government]]. 
 (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), 
an offence under this Act shall be cognizable.  
 4[(5) Notwithstand ing anything contained in the Code of Criminal Procedure, 1898 (V of 
1898),___ 
(a)  no Magistrate other than a Magistrate of the first class the first class shall try an 
offence under this Act; and 
(b)  a Magistrate trying an offence under this Act shall have power to try such 
offence summarily in accordance with the procedure laid down for summary 
trial in the said Code.] 
 5[7A. The provisions of this Act shall have effect, notwithstanding to the contrary contained in 
the 6[Industrial Disputes Ordinance, 1969 (XXIII of 1969)], or any other law.] 
 8. Bar on 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 there-under 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 of Ordinance XI of 1941 and savings]  Omitted by the Federal Laws (Revision 
and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch. 
 
 
 
 
1 Ins. By the Karachi Rent Restriction (Amdt.) Ordinance, 1962 (48 of 1962),s.2.  
2 Subs. by F.A.O., 1975 Art. 2 and Table.  
3 Subs. by P.O. No. 13 of 1956, Art. 2 and Sch., for “or the Provincial State Government concerned”.  
4 New sub-section (5) added by the Pakistan Essential Services (Maintenance) Ordinance, 1965 (3 of 1965), s. 2. 
5 New section 7 A ins. by the Pakistan Essential Services (Maintenance) Ordinance, 1965 (3 of 1965), s. 3.  
6 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s., 3 and 2nd Sch.