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  "title": "PUNJAB FAIR PRICE SHOPS (FACTORIES) ORDINANCE, 1971",
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  "text": "THE PUNJAB FAIR PRICE SHOPS (FACTORIES) \r\nORDINANCE, 1971 \r\n(XIII of 1971) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of fair price shops \r\n4. Keeping of sufficient stocks \r\n5. Display of list of fair prices \r\n6. Monthly quota for a worker \r\n7. Purchase and Procurement of essential articles \r\n8. Sale of essential articles \r\n9. Purchase of articles on credit basis \r\n10. Constitution of Managing Committee \r\n11. Functions of the Managing Committee \r\n12. Appointment of Inspectors and Chief Inspector and their functions \r\n13. Penalty \r\n14. Cognizance and trial of offences \r\n15. Indemnity \r\n16. Exemption \r\n17. Power to make rules \r\nSCHEDULE \r\nTEXT \r\n1\r\nTHE PUNJAB FAIR PRICE SHOPS (FACTORIES) ORDINANCE, 1971 \r\n(XIII of 1971) \r\n[3rd July, 1971] \r\nAn \r\nOrdinance \r\nto provide for the establishment of fair price shops in certain factories in the Punjab. \r\nPreamble.– WHEREAS it is expedient to provide for the establishment and \r\nmaintenance of fair price shops for the sale of certain articles of  daily use at cheaper \r\nrates to the workers employed in certain factories in the Punjab; \r\nNOW, THEREFORE , in pursuance of the Martial Law Proclamation of 25th \r\nMarch, 1969, read with the Provisional Constitution Order, and in exercise of all \r\npowers enabling h im in that behalf, the Governor of the Punjab is pleased to make \r\nand promulgate the following Ordinance:– \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe Punjab Fair Price Shops (Factories) Ordinance, 1971. \r\n (2) It shall extend to whole of the Punjab. \r\n(3) It shall come into force on such date, in such areas and shall apply to \r\nsuch factories or class of factories as Government may, by notification in the official \r\nGazette, specify in that behalf. \r\n2. Definitions.– In this Ordinance,  unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n(a) “Chief Inspector” means a Chief Inspector appointed under section 12 \r\nof this Ordinance and includes a person  appointed by Government to \r\nperform all or any of the functions of a Chief Inspector in any area; \r\n(b) “collective bargaining agent” means a registered trade union of workers \r\nin a factory to act as agent or representative of workers in matters of \r\ncollective bargaining with the employer and where there are more than \r\none registered trade union in a factory, the trade union which as a \r\nresult of a referendum held under section 22 of the Industrial Relations \r\nOrdinance, 1969, has been determined as a collective ba rgaining \r\nagent; \r\n(c) “employer” means a person or body of persons whether incorporated \r\nor not, who or which employ workers in a factory and includes an \r\nowner, occupier, manager, agent, representative, or any other person \r\nwho is ultimately in supervision, control and management thereof; \r\n                                                 \r\n1This Ordinance was promulgated b y the Governor of Punjab on 30th July, 1971; published in the Punjab Gazette \r\n(Extraordinary), dated 3rd July, 1971, pages 783 to 790; saved by Article 281 of the Interim Constitution of the Islamic Republic \r\nof Pakistan (1972); and, validated by the Validation of Laws Act, 1975 (XLIII of 1975); and published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated 29.7.1975, pages 177-178. \r\n(d) “essential articles” mean articles mentioned in the Schedule to this \r\nOrdinance and include any other article which the Government may, by \r\nnotification, declare to be an essential article for the purposes of this \r\nOrdinance; \r\n(e) “factory” means any premises including a part thereof on which any \r\nmanufacturing process is carried on with the aid of power but does not \r\ninclude a mine; \r\n(f) “fair price” means the price at which an essential article is purchased or \r\nprocured by the em ployer under section 7 of the Ordinance, or \r\ncontrolled price, if any, fixed by the Government for the same essential \r\narticle, whichever is less, and where an essential article manufactured \r\nor produced in a factory is to be supplied by that factory for the fair \r\nprice shop thereof, the ex-factory wholesale price of such article; \r\n(g) “fair price shop” means a shop established and maintained by an \r\nemployer in or near a factory for selling essential articles at fair price to \r\nthe workers of his factory and includ es any room or premises where \r\nstock of essential articles is kept or stored; \r\n(h) “family” means– \r\n(i) wife or husband, as the case may be, and children of a worker; \r\nand \r\n(ii) parents, brothers and sisters of a worker residing with and \r\nwholly dependant upon him; \r\n(i) “Government” means Government of the Punjab; \r\n(j) “Inspector” means an Inspector appointed under section 12 of the \r\nOrdinance; \r\n(k) “Managing Committee” means a Managing Committee constituted \r\nunder section 10 of the Ordinance; \r\n(l) “prescribed” means p rescribed by rules framed under this Ordinance; \r\nand \r\n(m) “worker” means a person, other than an employer, employed in a \r\nfactory for doing any skilled, unskilled, manual or clerical work for hire \r\nor reward, and employed whether directly or through a contract or, on \r\nthe terms of employment either expressed or implied and includes an \r\napprentice and a laid off worker. \r\n3. Establishment of fair price shops. – Every employer of a factory to which \r\nthis Ordinance is applied shall, within one month from the date of its application, \r\nestablish and maintain a fair price shop for the workers of his factory: \r\nProvided that Government may, for sufficient reasons, by an order in writing \r\nextend the said period in respect of any factory or class of factories. \r\n4. Keeping of suffici ent stocks. – An employer shall at all times keep and \r\nmaintain or cause to be kept or maintained in the fair price shop sufficient stock and \r\nquantity of all essential articles to cater for the needs of the workers. \r\n5. Display of list of fair prices. – Every employer shall cause to be prepared in \r\nUrdu and displayed prominently inside and outside the fair price shop lists showing \r\nthe fair price of each and every essential article and no such article shall be sold or \r\nallowed to be sold at a price higher than the price entered therein. \r\n6. Monthly quota for a worker. – A worker may in a month buy from the fair \r\nprice shop of the factory in which he is employed, such length, number or quantity of \r\nall or any of the essential articles as may be determined by the Managin g \r\nCommittee. \r\n7. Purchase and Procurement of essential articles. – (1) For the purpose of \r\nmaintaining adequate supply at a fair price shop, the employer shall purchase or \r\nprocure manufactured essential articles from the manufacturing factories at whole \r\nsale ex-factory price and agricultural and other essential articles from the nearest \r\nwhole sale market at the minimum rates prevalent in such market at the time of \r\npurchase or procurement. \r\n(2) In the purchase or procurement of essential articles under sub -section \r\n(1), the employer shall make interest-free investment. \r\n8. Sale of essential articles. – The essential articles at the fair price shop shall \r\nbe sold to the workers at the fair price and the employer shall not charge or allow to \r\nbe charged any profit whats oever thereon, nor he shall include or add to the price of \r\nsuch articles any rent of the fair price shop, salary of the staff employed therein, \r\nwater and electricity charges in respect thereof, fees or commission for auditing and \r\nmaintenance of accounts, price of stationery, furniture or fixtures used therein, or any \r\npacking, handling, transportation or other incidental charges in respect of such \r\narticles. \r\n9. Purchase of articles on credit basis. – Notwithstanding anything contained \r\nin the Payment of Wages A ct, 1936, a worker shall, during every month, be entitled \r\nto purchase on credit basis from the fair price shop, essential articles of the value not \r\nexceeding twenty-five per cent of his monthly wages: \r\nProvided that unless a worker has paid the price of ess ential articles \r\npurchased on credit in a month, he shall not be entitled to purchase such articles on \r\ncredit in the following month or months and the employer in that case shall be \r\ncompetent to deduct the outstanding amount of credit from his monthly wages. \r\n10. Constitution \r\n2\r\n[of] Managing Committee.– (1) As soon as may be, for every \r\nfactory there shall be constituted a Managing Committee consisting of four members \r\nand a Chairman: \r\nProvided that Government may, for sufficient reasons, by notification, \r\nincrease or decrease the number of members of such Committee\r\n3\r\n[;] \r\n4\r\n[Provided further that if women are employed in a factory as workers, their \r\nrepresentation at the Managing Committee shall not be less than the proportion of \r\ntheir numerical strength in the work force of the factory.] \r\n                                                 \r\n2Not printed in the Original Gazette. \r\n3Substituted the full stop with semi-colon, by the Punjab Fair Representation of Women Act 2014 (IV of 2014); and published in \r\nthe Punjab Gazette (Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.8. \r\n(2) Out of the total number of the members of the Managing Committee, \r\nhalf of the members shall be nominated by the collective bargaining agent and the \r\nremaining half by the employer: \r\nProvided that where the collective bargaining agent  or the employer, as the \r\ncase may be, fails to nominate all or any of their members to the Managing \r\nCommittee within the time specified by the Chief Inspector such members shall be \r\nnominated by the Chief Inspector himself: \r\nProvided further that where there is no collective bargaining agent in a factory, \r\nthe representatives of workers in the Managing Committee shall be elected in the \r\nprescribed manner. \r\n(3) Members of the Managing Committee may, in the prescribed manner, \r\nunanimously nominate in writing, a per son other than a person from among \r\nthemselves, to be the Chairman of such Committee and shall convey their \r\nnomination to the Chief Inspector within the prescribed period. \r\n(4) In case the members are unable to nominate the Chairman under sub -\r\nsection (3), the Chief Inspector shall nominate a person, other than a member of the \r\nManaging Committee, as the Chairman. \r\n(5) The normal term of the Managing Committee shall be two years from \r\nthe date of its constitution: \r\nProvided that the Government may, for sufficient reasons, reduce or enhance \r\nits normal term or dissolve it before the expiry of the term and reconstitute it \r\naccording to the provisions of this Ordinance. \r\n(6) The Chairman and the members of the Managing Committee shall not \r\nbe paid any remuneration or comp ensation for the functions performed by them \r\nunder this Ordinance and the rules made thereunder. \r\n11. Functions of the Managing Committee. – (1) The functions of the Managing \r\nCommittee shall be– \r\n(a) to determine the quality and quantities of essential articl es to be \r\npurchased or procured by the employer at a time and the quantities of \r\nsuch articles which should normally be available for sale to the worker \r\nat a fair price shop; \r\n(b) to check the quality of essential articles sold at the fair price shop; \r\n(c) to determine the length, number and quantity of different essential \r\narticles which a worker shall be entitled to purchase from the fair price \r\nshop for himself and his family during a month; \r\n(d) to fix opening and closing hours of the fair price shops and to \r\nregularize transaction of business therein; and \r\n(e) to perform any function which the Government may, by a general or \r\nspecial order, deem fit to assign. \r\n                                                                                                                                                        \r\n4Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) ; and published in the Punjab Ga zette \r\n(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.8. \r\n(2) The provisions of clause (d) of sub -section (1) shall take effect \r\nnotwithstanding anything to the co ntrary contained in the West Pakistan Shops and \r\nEstablishments Ordinance, 1969, or any other law for the time being in force. \r\n12. Appointment of Inspectors and Chief Inspector and their functions. – (1) \r\nGovernment may appoint Inspectors for the purpose of t his Ordinance and the \r\nInspector so appointed shall have jurisdiction in such area or areas as the \r\nGovernment may direct. \r\n(2) The Inspectors appointed under sub -section (1) shall have the \r\nauthority– \r\n(a) to enter a fair price shop and to check the quantity a nd examine the \r\nquality of essential articles being sold or stocked for sale therein; and \r\n(b) to check and examine documents, record or registers kept and \r\nmaintained in the fair price shop and, if necessary to take extracts \r\ntherefrom. \r\n(3) Government shall a ppoint a \r\n5\r\nChief Inspector for the Province or in any \r\npart thereof, who , in addition to his exclusive power s conferred on him under this \r\nOrdinance, shall exercise all or any of the powers of an Inspector throughout the \r\nProvince or in any part thereof. \r\n(4) All the Inspectors and the Chief Inspector shall, while exercising \r\npowers under this Ordinance and the rules made thereunder, be deemed to be \r\npublic servants within the meaning of section 21 of the Pakistan Penal Code. \r\n13. Penalty.– (1) Whoever contravenes any of the provisions of this Ordinance or \r\nrules made thereunder, shall be punishable with imprisonment which may extend to \r\none year or with fine which may extend to five thousand rupees or with both, and in \r\ncase of a continuing offence, with a further fin e which may extend to one hundred \r\nrupees for every day after the first day during which the offence continued. \r\n(2) Whoever having been convicted of any offence under this Ordinance \r\nagain commits such offence shall, on conviction, be liable to double the pu nishment \r\nprovided for such offence under this Ordinance. \r\n14. Cognizance and trial of offences. – (1) No court inferior to that of a \r\nMagistrate of the first class shall try any offence under this Ordinance or any rule \r\nmade thereunder. \r\n(2) No court shall take  cognizance of any offence under this Ordinance or \r\nthe rules made thereunder, except on the report in writing of the facts constituting \r\nsuch offence, made by the Inspector. \r\n15. Indemnity.– No suit, prosecution, or other legal proceedings shall lie against \r\nany person for anything which is in good faith done or intended to be done under this \r\nOrdinance. \r\n                                                 \r\n5Punjab Govt. appointed certain officer of the Directorate of Labour Welfare Department as Chief Inspector. Inspectors for \r\nspecified areas in supersession of all previous notification in this behalf; Noti. 8 -2 (L-II) 70 of 20 Nov. 1973, Punjab Govt. Gaz. \r\nPt. I, Dec. 7, 1973, p. 1384. \r\n16. Exemption.– Government may, by notification in the official Gazette, exempt \r\nany factory from all or any of the provisions of this Ordinance for such period  and on \r\nsuch conditions as it may deem fit. \r\n17. Power to make rules. – (1) Government may make rules for the purpose of \r\ncarrying into effect the provisions of this Ordinance. \r\n(2) Without prejudice to the generality of the power conferred by sub -\r\nsection (1), such rules may provide for all or any of the following matters:– \r\n(a) Procedure for holding ballots for the election of representatives of \r\nworkers to the Managing Committee in case there is no collective \r\nbargaining agent in any factory. \r\n(b) Procedure for nominating the Chairman of a Managing Committee. \r\n(c) Procedure for convening and holding of meetings by the Managing \r\nCommittee. \r\n(d) Manner in which questions raised before the Committee shall be \r\ndecided, minutes of meetings shall be recorded and decisions o f the \r\nCommittee shall be implemented. \r\n(e) Manner and form in which the record and accounts shall be maintained \r\nand scrutinized. \r\n(f) Manner in which the Chief Inspector and the Inspectors shall exercise \r\ntheir powers under the Ordinance. \r\n(g) Any other matter consequential or incidental to the aforesaid matters. \r\nSCHEDULE \r\n[See Section 2 (D)] \r\nSerial No. Name of essential articles \r\n1. Wheat. \r\n2. Pulses. \r\n3. Wheat flour. \r\n4. Vegetable ghee. \r\n5. Coarse cloth. \r\n6. Laundry soap. \r\n7. Sugar.",
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