PUNJAB INDUSTRIES (CONTROL ON ESTABLISHMENT AND ENLARGEMENT) ORDINANCE, 1963

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THE PUNJAB INDUSTRIES (CONTROL ON 
ESTABLISHMENT AND ENLARGEMENT) ORDINANCE, 
1963 
(IV of 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. 
 
TEXT 
1
THE 
2
[PUNJAB] INDUSTRIES (CONTROL ON ESTABLISHMENT AND 
ENLARGEMENT) ORDINANCE, 1963 
(IV of 1963) 
[26 January 1963] 
An 
Ordinance 
to provide for the organized and planned growth of industries in 
3
[the Punjab]. 
Preamble.– WHEREAS it is expedient to provide for the organized and planned 
growth of industries in 
4
[the Punjab], 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 h im by clause 
(1) of Article 79 of the Constitution, the Governor of West Pakistan is pleased to 
make and promulgate the following Ordinance:– 
1. Short title, extent and commencement .– (1) This Ordinance may be called 
the 
5
[Punjab] Industries (Control on Es tablishment and Enlargement) Ordinance, 
1963. 
 (2) It extends to the whole of the Province of 
6
[the Punjab], 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 in to force in such local area and 
on such dates as the Government may, by notification
7
 in the Official Gazette, 
specify. 
 
1This Ordinance was promulg ated by the Governor of West Pakistan on January  25, 1963, published in the Gazette of West 
Pakistan (Extraordinary), dated January  26, 1963, p p. 607-610; approved by the Provincial Assembly of West Pakistan with 
amendments, on March 27, 1963, under clause (3) of Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); 
assented to by the Governor; published in the Gazette of West Pakistan (Extraordinary), dated March 27, 1963, pp. 1269-1272. 
2Substituted for the words “West Pakistan” by th e Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974) (w.e.f. 
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read 
with Schedule, Part II, Serial No. 61. 
3Ibid. 
4Ibid. 
5Ibid. 
6Ibid. 
7Issued 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 West Pakistan except - (a) the Tribal Areas; (b) the divisions of Quetta, Kalat and Dera Ismail Khan; and (c) the 
districts of Lasbela, S anghar, Tharparkar, Jacobabad, Larkana, Bahawalpur, Bahawalnagar, Muzaffargarh, Dera Ghazi Khan, 
Jhang, Mianwali, Kohat and Hazara. 
2. Definitions.– In this Ordinance, unless the context otherwise requires, the 
following expressions shall have the meanings hereby resp ectively assigned to 
them, that is to say– 
(a) “Director” means the Director of Industries 
1
[Punjab], and includes any 
officer appointed by Government to exercise all or any of the powers 
and perform all or any of the functions and duties of the Director u nder 
this Ordinance; 
(b) “Government” means the 
2
[Provincial Government of the Punjab]; 
(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 of coming into operation of 
sections 3 to 12 in the local area concerned 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 
3
[:] 
 
4
[Provided that the application of any person for the grant of such permission 
shall not be rejected–  
(a) without giving such person an opportunity of showing cause against it; 
or  
(b) unless the Government is satisfied, on the basis of information 
available to it and after making such inquiry as it may deem fit, that the 
grant of permission to such person will be prejudicial to the national 
interest, or injurious to the health of or a source of nuisance for, the 
residents of the local area in which the industrial undertaking is 
proposed to be set up or, as the case may be, the industrial 
undertaking which is proposed to be enlarged is situated.] 
4. Check on unauthoriz ed establishment or enlargement of industrial 
undertaking.– Where the establishment of a new industrial undertaking or 
 
1Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974) (w.e.f. 
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read 
with Schedule, Part II, Serial No. 61. 
2Substituted for the words “Government of West Pakistan” by the Order ibid. 
3Substituted for the “full stop” by the Conformity with Fundamental Rights (Punjab Amendment of Laws) Act, 1976 (IX of 1976), 
published in the Punjab Gazette (Extraordinary), dated April 28, 1976, pp. 933-935, s. 2 read with the Schedule. 
4Added by the Act ibid. 
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 constructi on 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 obtaining 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 such 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 s ection 4, may, 
within thirty days of the date of the order, apply to Government for a revision of the 
order. 
 (2) Any person feeling aggrieved by an order passed by the Director under 
section 4 may, within thirty days of the date of the order, prefer an ap peal 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 be, be set aside or modified, 
Government may pass such order thereon as may be deemed fit: 
 Provided that no such ord er 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 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 und ertaking 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 notwithstandi ng 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.