PUNJAB ESSENTIAL SERVICES (MAINTENANCE) ACT, 1958

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THE PUNJAB ESSENTIAL SERVICES (MAINTENANCE) 
ACT, 1958 
(XXXIV of 1958) 
CONTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Employment to which this Act applies. 
4. Power 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 of legal proceedings. 
9. Saving of effect of laws imposing liability to national service. 
10. Repeal. 
 
 
TEXT 
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THE 
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[PUNJAB] ESSENTIAL SERVICES (MAINTENANCE) ACT, 1958 
(XXXIV of 1958) 
[25 April 1958] 
An 
Act 
to provide for the maintenance of certain essential services. 
Preamble.– WHEREAS it is expedient to provide for the maintenance of certain 
essential services in 
3
[the Punjab]; 
 It is hereby enacted as follows:– 
1. Short title, extent and commenc ement.– (1) This Act may be called the 
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[Punjab] Essential Services (Maintenance) Act, 1958. 
 
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[(2) It extends to the whole of the Province of 
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[the Punjab], except the 
Tribal Areas.] 
 (3) It shall come into force at once. 
2. Definitions.– In this Act, unl ess there is anything repugnant in the subject or 
context– 
(i) “employment” means any service for which  remuneration is received; 
(ii) “essential service”  means a service to the employment of which this 
Act applies; 
(iii) “Government” means the 
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[Provincial Government of the Punjab]. 
3. Employment to which this Act applies .– This Act shall apply to all 
employment under the Government or any agency set up by it or a  local authority or 
any service relating to transport or civil defence. 
                                                           
1For Statement of Objects and Reasons, see Gazette of West Pakistan, (Extraordinary), dated January  26, 1957 and for 
Proceedings in Assembly, see West Pakistan Assembly Debates, Vol. III, pp.  1327-1336. This Act was passed by the West 
Pakistan Assembly on March  30, 1958, assented to by the Governor of West Pakistan on April  25, 1958, published in the 
Gazette of West Pakistan (Extraordinary), dated April 25, 1958, pp. 719-722.  
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 19 74) (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 III, Serial No. 14.  
3Ibid.  
4Ibid.  
5Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West 
Pakistan (Extraordinary), dated May 25, 1964, pp.1679-1688, s.2 read with Schedule, Serial No.10. 
6Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 19 74) (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 III, Serial No. 14.  
7Substituted for the words “Government of West Pakistan” by the Order ibid.  
4. Power to order per sons engaged in certain employments to remain in 
specified areas.– (1) The Government or an officer authorised in this behalf by the 
Government may, 
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[if the public interest so requires,] by general or special order, 
direct that any person or persons engag ed in any employment or class of 
employment to which this Act applies shall not depart out of such area or areas and 
for such period not exceeding three months as may be specified in such order. 
 (2) An order made under sub -section (1) shall be published i n such 
manner as the Government, or the officer making the order, considers best 
calculated to bring it to the notice of the persons affected by the order. 
5. Offences.– 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, or 
(b) without reasonable excuse abandons such employment or absents 
himself from work, or 
(c) departs from any area sp ecified in an order under sub -section (1) of 
section 4 without the consent of the Government or the authority 
making that order, and any employer of a person engaged in an 
employment or class of employment to which this Act applies, who 
without reasonable excuse– 
(1) discontinues the employment of such person, or 
(2) by closing an establishment in which such person is engaged, 
causes the discontinuance of his employment, or 
(3) discontinues or causes the discontinuance of an essential 
service, is guilty of an offence under this Act. 
Explanation I .– The fact that a person apprehends that by continuing in his 
employment he will be exposed to increased physical danger is not reasonable 
excuse within the meaning of clause (b). 
Explanation II.– A person abandons his employment within 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 empl oyment without the previous consent 
of his employer. 
6. Regulation of wages and conditions of service .– (1) The Government may 
make rules regulating or empowering specified  authorities 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 to which this Act applies. 
 (2) When any such rules have been made, or when any directions 
regulating wages or conditions of service have been given by the authority  
                                                           
1Inserted by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), published i n the Gazette of West 
Pakistan (Extraordinary), dated November 2, 1965, pp. 5607-5614, s. 3 read with Second Schedule, Serial No. 13.  
empowered by such ru les 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. 
 (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 his knowledge or that 
he exercised due diligence to prevent the commission of the offence, be liable to the 
punishment provided for the offence. 
 (3) No court shall take cognizance of an offence under this Act except 
upon complaint in writing made by  an officer empowered by the Government in this 
behalf. 
8. Bar of 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 thereunder, shall have 
effect in derogation of any provision of law which is or may be for the time bein g 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.– The North-West Frontier Province Essential Services (Maintenance) 
Act, 1946
1
, and the West Pakistan Essential Services (Maintenance) Ordinance, 
1957
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, are hereby repealed. 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1XII of 1946.  
2VII of 1957, promulgated by the Governor of West Pakistan under Article 102 of the Constitution, publishe d in the Gazette of 
West Pakistan (Extraordinary), dated October 1, 1957, pp. 961-964.