Control of Employment Ordinance, 1965

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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. 

 
 
 
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THE CONTROL OF EMPLOYMENT ORDINANCE, 1965 
 
1ORDINANCE 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 colle ction 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 Eme rgency 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 Artic le 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 manuf acture, 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 ; 
 
1Approved 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. 
2Added by the Control of Employment (Second Amdt.) Ordinance, 1965 (55 of 1965), s. 2.  
1Subs.by F.A.O., 1975 ,Art.2 and Table, for “CentralGovernment” 
 
 
 
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(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 i nstalling 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 co­ordinating 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 sub­section (1). 
 
 
 
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(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 di stribution 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 o r 
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, trai ning 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 industri al 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 Sub­section (1A) Omitted by F.A.O., 1975 Art. 2 and Sch ; 
 
 
 
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(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 o f 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, s uch 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 decisio n 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 c omply 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 t he 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 sub­section (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. 17­2­1969) 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”  
 
 
 
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(3) Upon an application of the employe r 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 perso n 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 sub­section (3), he shall be guilty of an offenc e 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 convict ed 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 repre sent 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 m eeting 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.] 
 
 
1Subs. by the Control of Employment (Amdt.) Ordinance, 1971 (35 of 1971), s. 4, for sub­section (2). 
2Sub­section (2A) omitted by F.A.O., 1975, Art. 2 and Sch. 
3Added by Ord. 35 of 1971, s. 4. 
 
 
 
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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 Governmen t 
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 ju risdiction 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 Gazet te, 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 w hich 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 w ork, 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 sub­sections (1), (2) and (3). 
 
 
 
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(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 guil ty 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 ter m 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 i nstituted 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 underta king 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. 
   
 
 
 
 
 
 
 
 
1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.  
2For such rules, See Gaz. of P., 1965, Ext., pp. 1166­1167.