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 1 THE 2 [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 4 [Punjab] Essential Services (Maintenance) Act, 1958. 5 [(2) It extends to the whole of the Province of 6 [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 7 [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, 1 [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 2 , 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.