West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963

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THE WEST PAKISTAN INDUSTRIES (CONTROL ON 
ESTABLISHMENT AND ENLARGEMENT) ORDINANCE, 1963 
 
 
  
CONTENTS 
 
1. Short title, extent and commencement 
2. Definitions 
3. Restrictions on establishment of industrial undertakings 
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 
  

 
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THE WEST PAKISTAN INDUSTRIES (CONTROL ON 
ESTABLISHMENT AND ENLARGEMENT) ORDINANCE, 1963 
WEST PAKISTAN ORDINANCE No. IV of 1963 
[26th January, 1963] 
AN  
ORDINANCE 
to provide for the organized and planned growth of industries in West Pakistan. 
Preamble.__ WHEREAS it is expedient to provide for the organized and planned growth of 
industries in West Pakistan, in the manner hereinafter appearing; 
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 fol lowing 
Ordinance:__ 
1. Short title, extent and commencement .__ (1) This Ordinance may be called the West 
Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963. 
(2) It extends to the whole of the Province of West Pakistan, 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 s and on such dates as the Government may, by 
notification1 in the Official Gazette, specify. 
2. Definitions.__ In this Ordinance, unless the context otherwise requires, the following 
expressions shall have the meanings hereby respectively assigned to them, that is to say__ 
(a) “Director” means the Director of Ind ustries West Pakistan , and includes any 
officer appointed by Government to exercise all 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 West Pakistan; 
(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 precints 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 
 
1Issued by the Government of West Pakistan, Industries, Commerce and Mineral Resources Department  vide Notification No.  II-1-35-59, dated 
November 19, 1963, published in the Gazette of West Pakistan (Extraordinary), dated November 19, 1963, 
pp. 4449-4450, the remaining provisions of the Ordinance came into force w.e.f. November 19, 1963, in the whole of the Province of Wes t Pakistan 
except - (a) the Tribal Areas; (b) the divisions of Quetta, Kalat and Dera Ismail Khan; and (c) the districts of Lasbela, Sanghar, Tharparkar, Jacobabad, 
Larkana, Bahawalpur, Bahawalnagar, Muzaffargarh, Dera Ghazi Khan, Jhang, Mianwali, Kohat and Hazara. 
 
 
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of coming into operation of sections 3 to 12 in the local area conc erned 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” means rules made under this Ordinance. 
3. Restrictions on establishment of industrial undertakings .__ No person shall establish or 
cause to be established any industrial undertaking or enlarge or cause to be enlarged any existing 
industrial undertaking except with the previous permission in writing of Government. 
4. Check on unauthorized establishment or enlargement of industrial undertaking .__ 
Where the establishment of a new industrial undertaking or  enlargement of an existing industrial 
undertaking is likely to be commenced or has been commenced or has been completed in contravention 
of the provisions of this Ordinance, Government or the Director, after giving the person responsible 
therefor an opportunity of being heard, may by order require him__ 
(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. 
5. Power of ob taining information and of entry .__ For the purpose of giving effect to the 
provisions of this Ordinance, Government or the Director may__ 
(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 undertaking and take such 
action as may be necessary. 
6. Delegation of powers.__ Government may, by general or special order and subject to su ch 
conditions as may be specified in the order, authorize any officer or authority subordinate to it to 
exercise any of its powers and to perform any of its functions and duties under this Ordinance and the 
rules. 
7. Revision and appeal.__ (1) Any person feeling aggrieved by an order passed by Government 
or by any officer or authority under section 3 or section 4, may, within thirty days of the date of the 
order, apply to Government for a revision of the order. 
(2) Any person feeling aggrie ved by an order passed by the Director under section 4 may, 
within thirty days of the date 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 b e, be set aside or modified, Government may pass such order thereon as 
may be deemed fit: 
 
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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. 
8. Penalty for contravention.__ Whoever contravenes any of the provisions of this Ordinance 
or the rules, or fails to comply with any order made thereunder, or wilfully furnishes incomplete or 
false information required thereunder, or obstructs any person in the discharge of his duties or functions 
thereunder, shall be punished with imprisonment for a term which may extend to one year, or with 
fine, or with both. 
9. Cognizance of offence by court.__ No court shall take cognizance of any offence punishable 
under this Ordinance except on a complaint in writing made by the Director. 
10. Indemnity.__ No suit or other legal proceedings shall lie against Government, the Director 
or any person in respect of  anything which is in good faith done or intended to be done under this 
Ordinance and the rules. 
11. Exemption.__ Government may, by notification in the Official Gazette, exempt any 
industrial undertaking or class of industrial undertakings from all or any  of the provisions of this 
Ordinance or the rules. 
12. Ordinance to over-ride other laws.– The provisions of this Ordinance and the rules and 
orders made thereunder shall have effect notwithstanding anything to the contrary contained in any 
other law, contract, instrument or document for the time being in force. 
13. Power to make rules.__ Government may make rules for carrying into effect the provisions 
of this Ordinance. 
 
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