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  "title": "EMPLOYMENT (RECORD OF SERVICES) ACT, 1951",
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  "text": "THE EMPLOYMENT (RECORD OF SERVICES) ACT, 1951 \r\n(XIX of 1952) \r\nCONTENTS \r\n1. Short title, extent, application and commencement. \r\n2. Definitions. \r\n3. Exemptions. \r\n4. Service book to be produced by employee. \r\n5. Form of the service book. \r\n6. Entries in the service book. \r\n7. Power of inspection. \r\n8. Penalty. \r\n9. Cognizance of offences. \r\n10. Prosecution. \r\n11. Protection of action taken under the Act. \r\n12. Power to make rules. \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE EMPLOYMENT (RECORD OF SERVICES) ACT, 1951 \r\n(XIX of 1952) \r\n[18 April 1952] \r\nAn \r\nAct \r\nto make provision for the compulsory maintenance of the record of service of \r\npersons in certain classes of employment in certain areas. \r\n WHEREAS it is expedient to make provision for the compulsory maintenance \r\nof the record of service of persons in certain classes of employment in certain areas;  \r\n It is hereby enacted as follows:– \r\n1. Short title, extent, application and commencement .– (1) This Act may be \r\ncalled the Employment (Record of Services) Act, 1951. \r\n \r\n2\r\n[(2) It extends to the whole of \r\n3\r\n[the Punjab]]. \r\n (3) It applies to all persons concerned as employers or employees in such \r\nclasses of employment and in such areas as the \r\n4\r\n[\r\n5\r\n[*] Government] may specify by \r\nnotification in this behalf\r\n6\r\n. \r\n (4) It shall come into force on such date as the \r\n7\r\n[\r\n8\r\n[*] Government] may, by \r\nnotification in the official Gazette, appoint\r\n9\r\n. \r\n                                                           \r\n1For Statement of Objects and Reasons see Gazette of Pakistan, Part V, dated 23.11.51, For Report of Selection Committee \r\nsee Gazette of Pakistan (Extraordinary), March 29, 1952, pp . 335-339. Received the assent of the Govern or General on \r\n18.4.52 and first published in the Gazette of Pakistan (Extraordinary), dated 18.4.52, pp. 573-576. \r\n2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) (w.e.f. 14.10.1955), published in the Gazette \r\nof Pakistan (Extraordinary), dated June 9, 1960, pp. 725-845, s. 3(1) read with Second Schedule. \r\n3Substituted for the word “Pakistan” by the Employment (Record of Services) (Amendment) Act, 2011 (XI of 2011), published in \r\nthe Punjab Gazette (Extraordinary), dated May 2, 2011, pp. 38639-38640, s. 2(a). \r\n4Substituted for the words “appropriate Government” by the Central Adaptation of Laws Order, 1964 (I of 1964), published in \r\nthe Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251-c-251-aao, Article 2(1) read with Schedule. \r\n5Omitted the word “Provincial” by the Employment (Record of Services) (Amendment) Act, 2011 (XI of 2011), published in the \r\nPunjab Gazette (Extraordinary), dated May 2, 2011, pp. 38639-38640, s. 2(b). \r\n6(a) Act applied to the following classes of  employment throughout the Province of West Pakistan :– (i) All commercial \r\nestablishments as defined in clause (c) of section 2 of the Industrial and Commercial Employment (Standing Orders) \r\nOrdinance, 1960 (III of 1960), employing 50 workers or above; and ( ii) All industrial establishments as defined in clause (e) of \r\nsection 2 of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1960 (III of 1960), employing 250 \r\nworkers or above. [Health, Welfare & Local Govt. Dep artment Notification No. IX-14-1(L-II)/59(2) of August 1, 1961, Gazette of \r\nWest Pakistan (Extraordinary, August 3, 1961, p. 1855]; (b) Act applied to all persons concerned as employers or employees in \r\ntextile (Cotton and Wool) industries in Federal Capital. Gazette of Pak istan, Part 1, October 30, 1959, p. 500 Ministry of Health \r\nand Social Welfare Notification No. S.R.O. 510, dated October 26, 1959. \r\n7Substituted for the words “appropriate Government” by the Central Adaptation of Laws Order, 1964 (I of 1964), published in \r\nthe Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251-c-251-aao, Article 2(1) read with Schedule. \r\n8Omitted the word “Provincial” by the Employment (Record of Services) (Amendment) Act, 2011 (XI of 2011), published in the \r\nPunjab Gazette (Extraordinary), dated May 2, 2011, pp. 38639-38640, s. 2(b).  \r\n9(a) Act applied to the following classes of employment throughout the Province of West Pakistan :– (i) All commercial \r\nestablishments as defined in clause (c) of section 2 of the Industrial and Commercial Empl oyment (Standing Orders) \r\nOrdinance, 1960 (III of 1960), employing 50 workers or above; and (ii) All industrial establishments as defined in clause (e)  of \r\nsection 2 of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1960 (III of 1960),  employing 250 \r\nworkers or above. [Health, Welfare & Local Govt. Dept. Notification IX -14-1(L-II)/59(2) of Aug ust 1,  1961 Gazette of West \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,–  \r\n1\r\n[(a) * * * * * * * * *  ] \r\n\"employee\" means a person to whom this Act applies engaged for hire \r\nor for any other pecuniary consideration by an employer, or an \r\napprentice; \r\n(b) \"employee\" means a person to whom this Act applies engaged for hire \r\nor f or any other pecuniary consideration by an employer, or an \r\napprentice; \r\n(c) \"employer\" means any person to whom this Act applies engaging the \r\nservices–manual or clerical, skilled or unskilled –of another for hire or \r\nfor any other pecuniary consideration or a s an apprentice for the \r\npurpose of carrying on his calling, trade, business, undertaking or \r\nmanufacture or for personal or domestic service and includes any body \r\nof persons whether incorporated or not and any managing agent of any \r\nemployer; \r\n2\r\n[(cc) “Government” means Government of the Punjab;] \r\n(d) \"Labour Commissioner\" means the officer so designated and appointed \r\nby the \r\n3\r\n[\r\n4\r\n[*] Government]; \r\n(e) \"prescribed\" means prescribed by rules made under this Act; and \r\n(f) \"wages\" has the same meaning as in the Payment of Wages Act, \r\n1936\r\n5\r\n. \r\n3. Exemptions.– The \r\n6\r\n[\r\n7\r\n[*] Government] may exempt, from the provisions of this \r\nAct any establishment or undertaking where records of service are maintained to the \r\nsatisfaction of the Government.  \r\n4. Service book to be produced by emplo yee.– (1) Before engaging an \r\nemployee the employer shall require from him his service book, if he asserts that he \r\nhas been previously in employment under any other employer and the employee \r\nshall produce the service book if he has one. \r\n                                                                                                                                                                                     \r\nPakistan (Extraordinary), Aug ust 3, 1961, p.  1855] (b) Act applied to all persons concerned as employers or employees i n \r\ntextile (Cotton and Wool) industries in Federal Capital. Gazette of Pakistan Part 1, October 30, 1959, p. 500 Min of Health and \r\nSocial Welfare Notification S.R.O. 510, dated October 26, 1959. \r\n1Omitted by the Central Adaptation of Laws Order, 1964 (I of 1964), published in the Gazette of Pakistan (Extraordinary), dated \r\nMay 28, 1964, pp. 251-c-251-aao, Article 2(1) read with Schedule.  \r\n2Inserted by the Employment (Record of Services) (Amendment) Act, 2011 (XI of 2011), published in the Punjab Gazette \r\n(Extraordinary), dated May 2, 2011, pp. 38639-38640, s. 3(b). \r\n3Substituted for the words “appropriate Government” by the Central Adaptation of Laws Order, 1964 (I of 1964), published in \r\nthe Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251-c-251-aao, Article 2(1) read with Schedule.  \r\n4Omitted the word “Provincial” by the Employment (Record of Services) (Amendment) Act, 2011 (XI of 2011), published in the \r\nPunjab Gazette (Extraordinary), dated May 2, 2011, pp. 38639-38640, s. 2(b).  \r\n5IV of 1936. \r\n6Substituted for the words “appropriate Government” by the Central Adaptation of Laws Order, 1964 (I of 1964), published in \r\nthe Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251-c-251-aao, Article 2(1) read with Schedule.  \r\n7Omitted the word “Provincial” by the Employment (Record of Services) (Amendment) Act, 2011 (XI of 2011), published in the \r\nPunjab Gazette (Extraordinary), dated May 2, 2011, pp. 38639-38640, s. 4.  \r\n \r\n1\r\n[(2) If the employ ee has no service book, the employer shall, at his own \r\ncost, provide one and keep it with himself.] \r\n (3) The service book \r\n2\r\n[if any produced by the employee under sub -section \r\n(1)] shall be kept by the employer, who shall give the employee a receipt therefor e in \r\nthe prescribed form. \r\n (4) Nothing in this section shall prevent an agreement between the \r\nemployee and the employer whereby it is provided that the employee shall keep and \r\nmaintain a duplicate of his service book. \r\n (5) The employer shall hand over the service book to the employee on the \r\ntermination of the employee's service with the employer, except where the \r\n3\r\n[employee] has kept and maintained a duplicate of his service book. \r\n \r\n4\r\n[(6) If the service book handed over to the employee under sub -section (5), \r\nor the duplicate thereof maintained by him, is lost by him, the employer shall provide \r\nhim with a duplicate service book and may charge him the prescribed price.] \r\n5. Form of the service book .– The service book shall be of the size and in the \r\nform as may be prescribed and a passport size photo of the employee if a male shall \r\nbe affixed to it. The service book shall contain particulars of identification of the \r\nemployee, the name and other particulars of the persons under whom employed \r\nfrom time to time, peri od of employment, occupation, rate of wages including \r\nallowances, if any, leave taken and records of conduct and efficiency by employers. \r\n6. Entries in the service book .– The employer shall at the commencement of \r\nthe employment and during the continuance o f the same make such entries therein \r\nfrom time to time as are required by this Act and the rules made thereunder and he \r\nand the employee shall sign the entries as they are made. \r\n7. Power of inspection.– The Labour Commissioner or an officer authorised by \r\nhim in writing may by written notice require an employer or an employee to produce \r\nthe service book or the duplicate service book or any other paper or document which \r\nhe may have reason to believe contains the particulars noted in the service book \r\nand thereupon the employer or the employee, as the case may be, shall comply if he \r\nis in possession of the said book, paper or document. \r\n8. Penalty.– Any breach of the provisions of this Act or the rules made \r\nthereunder shall be punishable in the case of an employe r with fine which may \r\nextend to \r\n5\r\n[five thousand] rupees, and in the case of an employee with a fine which \r\nmay extend to \r\n6\r\n[five hundred] rupees and for the purposes of this section any failure \r\nor refusal to comply with a requirement duly made by a person em powered under \r\nthis Act or under the rules made thereunder to make it shall be deemed to be a \r\n                                                           \r\n1Substituted by the Employment (Record of Services) (Amendment) Ordinance, 1960 (XVIII of 1960), published in the Gazette \r\nof Pakistan (Extraordinary), dated May 26, 1960, s. 2(a). \r\n2Inserted by the Ordinance ibid., s.2(b). \r\n3Substituted for the word “employer” by the Ordinance ibid., s. 2(c). \r\n4Added by the Ordinance ibid., s. 2(d). \r\n5Substituted for the word “fifty” by the Employment (Record of Services) (Amendment) Act, 2011 (XI of 2011), published in the \r\nPunjab Gazette (Extraordinary), dated May 2, 2011, pp. 38639-38640, s. 5(a). \r\n6Substituted for the word “five” by the Act ibid., s. 5(b). \r\nbreach of the said provisions. \r\n9. Cognizance of offences .– No court shall take cognizance of an offence \r\npunishable under this Act unless previous sanction for pros ecution has been \r\naccorded on the prescribed form by the Labour Commissioner and except upon \r\ncomplaint by any public servant or by a person authorised in this behalf by the \r\nLabour Commissioner in writing on the said form. \r\n10. Prosecution.– Any infringement of or refusal or omission to carry out the \r\nprovisions of this Act or the rules made thereunder by any person may be reported \r\nto the Labour Commissioner or to any other officer appointed in this behalf by him by \r\nan order in writing for such local limits as may be assigned in the order, for sanction \r\nof prosecution or for such other action as he may deem proper to take. \r\n11. Protection of action taken under the Act .– No suit, prosecution or legal \r\nproceeding shall lie against any person in respect of anything in  good faith done or \r\nintended to be done under this Act or the rules made thereunder. \r\n12. Power to make rules .– (1) The \r\n1\r\n[\r\n2\r\n[*] Government] may, after previous \r\npublication, make rules\r\n3\r\n for carrying into effect the purposes of this Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npower such rules may provide for– \r\n(a) the form of the service book and the particulars to be entered therein; \r\n(b) the quality of paper and covering page of the service book; \r\n(c) the number of pages of the book; \r\n(d) the time within which any entry in the service book shall be made and \r\nthe occasions on which a fresh entry shall be made; \r\n(e) the authorisation of persons to manufacture and sell service books and \r\nprescribed forms; \r\n(f) the procedure at any inve stigation and for proceedings before the \r\ngrant of sanction for prosecution by the Labour Commissioner; \r\n(g) the persons and class of public servants who may be authorised by the \r\nLabour Commissioner to make complaints under this Act; and \r\n(h) the manner of calculation of monthly wages. \r\n \r\n \r\n \r\n \r\n                                                           \r\n1Substituted for the words “appropriate Government” by the Central Adaptation of Laws Order, 1964 (I of 1964), published in \r\nthe Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251-c-251-aao, Article 2(1) read with Schedule.  \r\n2Omitted the word “Provincial” by the Employment (Record of Services) (Amendment) Act, 2011 (XI of 2011), published in the \r\nPunjab Gazette (Extraordinary), dated May 2, 2011, pp. 38639-38640, s. 6. \r\n3The Employment (Record of Services) Federal Capital Rules, 1956 issued by  the Ministry of Labour, vide Notification No. LR -\r\n19(2)53, dated November 8, 1956, published in the Gazette of Pakistan, Part I, pp. 522-527.",
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