{ "schema_version": "qanun-law-text/1", "id": "punjab-code-7e0c5b0e2f46dcf9", "title": "WEST PAKISTAN SHOPS AND ESTABLISHMENTS ORDINANCE, 1969", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UGVSZ1ZnADI-", "version": null, "source_snapshot": "2026-08-06T17:06:20Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "62c11d2008ddc88ab947199337c5c7d1ae42d46b3f6e1110d85324872c536165", "source_sha256": "62c11d2008ddc88ab947199337c5c7d1ae42d46b3f6e1110d85324872c536165", "text_version_id": "law:punjab-code-7e0c5b0e2f46dcf9:sha256:62c11d2008ddc88ab947199337c5c7d1ae42d46b3f6e1110d85324872c536165", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB SHOPS AND ESTABLISHMENTS \r\nORDINANCE, 1969 \r\n(VIII of 1969) \r\nCONTENTS \r\n1. Short title, extent, commencement and application \r\n2. Definitions \r\n3. Reference to time of day \r\n4. Power to grant exemptions \r\n5. Ordinance not applicable to certain establishments and persons \r\n6. Weekly holiday in establishments \r\n7. Opening and closing hours of establishments \r\n8. Daily, weekly hours and over-time \r\n9. Over-time wages \r\n10. Spread-over \r\n10-A. Daycare rooms for children \r\n11. Time and conditions of payment of wages \r\n12. Claims arising out of delay in payment of wages and penalty for \r\nmalicious or vexatious claims \r\n13. Bar of suits \r\n14. Annual leave \r\n15. Casual and sick leave \r\n16. Festival holidays \r\n17. Wages during leave or holiday period \r\n18. Sections 14, 15, 16 and 17 not to apply to certain establishments \r\n19. Termination of employment \r\n20. Prohibition of employment of children \r\n20-A. Adolescent to carry card giving reference to certificate of age \r\n20-B. Register of adolescents on work \r\n21. Contracting out \r\n21-A. Compulsory vaccination and inoculation \r\n21-B. Provision of canteen \r\n21-C. Prohibition on lifting excessive weight \r\n21-D. Provision of separate toilets \r\n22. Guarding of machinery \r\n23. Maintenance of records and registers \r\n24. Registration of establishment and fee for registration \r\n25. Appointment of Chief Inspector, Deputy Chief Inspectors and Inspectors \r\n26. Powers of Inspectors \r\n27. Penalties \r\n28. Procedure \r\n28-A. Presumption as to employment \r\n29. Limitation of prosecutions \r\n30. Indemnity \r\n31. Delegation of powers \r\n32. Power to make rules \r\n33. Saving of certain rights and privileges \r\n34. Repeal and saving \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] SHOPS AND ESTABLISHMENTS ORDINANCE, 1969 \r\n(VIII of 1969) \r\n[3rd June, 1969] \r\nAn \r\nOrdinance \r\nto amend and consolidate the law relating to the hours and other conditions of work \r\nand employment of persons employed in shops and commercial, industrial and other \r\nestablishments in \r\n3\r\n[the Punjab] and matters connected therewith. \r\nPreamble.– WHEREAS it is expedient to amend and consolidate the law relating to \r\nthe hours and othe r conditions of work and employment of persons employed in \r\nshops and commercial, industrial and other establishments \r\n4\r\n[in the Punjab] and \r\nmatters connected therewith; \r\nNOW, THEREFORE , in pursuance of the Martial Law Proclamation of 25 th \r\nMarch, 1969, read wi th the Provisional Constitution Order, the Admi nistrator of \r\nMartial Law, Zone A, in exercise of the powers of the Governor of West Pakistan \r\nconferred on him by the Chief Martial Law Administrator, is pleased to make and \r\npromulgate the following Ordinance:– \r\n1. Short title, extent, commencement and application. – (1) This Ordinance \r\nmay be called the \r\n5\r\n[Punjab] Shops and Establishments Ordinance, 1969. \r\n (2) It extends to the whole of \r\n6\r\n[the Punjab]. \r\n (3) It shall come into force at once in such areas, and its pro visions shall \r\nautomatically apply to such establishments or classes thereof, to which any law on \r\nthe subject was applicable immediately before the coming into force of this \r\nOrdinance. \r\n (4) Government may, by notification in the official Gazette, extend the \r\noperation of this Ordinance or any provisions thereof to any other area or \r\nestablishment, or exclude any area or establishment to which it extends, from its \r\noperation. \r\n \r\n1This Ordinance was promulgated by the Administrator Martial La w, Zone ‘A’ on 30th June, 1969; published in the West \r\nPakistan Gazette (Extraordinary), dated 30th July, 1969, pages 1057 -1076; saved by Article 281 of the Interim Constitution of \r\nPakistan (1972); and, validated by the Validation of Laws Act, 1975 (LXIII of 1975). \r\n2Substituted for the words “West Pakistan” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.2; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n3Substituted for the words “West Pakistan” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.2; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n4Substituted for the words “ in West Pakistan” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.2; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n5Substituted for the words “West Pakistan” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.2; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n6Substituted for the words “Pakistan” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), w.e.f.24.2.2014, \r\ns.2; and published in the Punjab Gazette (Extraordinary), pages 264 7-2648. Which were earlier substituted for the words and \r\ncomma“West Pakistan , except the Tribal Areas ” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), \r\nw.e.f.1.8.1975, Article 2 and the Schedule; and published in the Gazette of Pakistan (Extraordinary), pages 435-467. \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires– \r\n7[(a) “adolescent” means a person who has attained the age of fifteen years \r\nbut has not attained the age of eighteen years;] \r\n8[(aa) “adult” means a person who has completed his eighteenth year of age;] \r\n(b) “apprentice” means a person who is employed, whether on payme nt of \r\nwages or not, for the purposes of being trained in any trade, craft or \r\nemployment in any establishment; \r\n9[(bb) “Authority” means the Authority appointed under section 15 of the \r\nPayment of Wages Act, 1936 (IV of 1936);] \r\n(c) “child” means a person who has not completed his \r\n10\r\n[11[fifteenth]] year of \r\nage; \r\n(d) “closed” means not open for the service of any customer or to any \r\nbusiness connected with the establishment; \r\n(e) “commercial establishment” means an establishment which carries on \r\nany business, trade o r profession or any work in connection with, or \r\nincidental or ancillary to, any business, trade or profession, and \r\nincludes– \r\n(i) a society registered under the Societies Registration Act, 1860 \r\n(XXI of 1860), and a charitable or other trust, whether registe red \r\nor not, which carries on, whether for purposes of gain or not, any \r\nbusiness, trade or profession, or any work in connection with or \r\nincidental or ancillary thereto; \r\n(ii) an establishment wherein there is conducted the business of \r\nadvertising, commission, forwarding or a commercial agency; \r\n(iii) a clerical department 12[*****] of any industrial or commercial \r\nundertaking; \r\n13[iv) an insurance company, joint stock company, Information \r\nTechnology (IT) company, software house, bank, brokers’ offices \r\nor exchange and office of lawyers, income -tax practitioners, IT \r\n \r\n7Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.2. \r\n8Substituted by the Punjab Shops and Establis hments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.2. \r\n9Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.2. \r\n10Substituted for the word “twelfth” by the West Pakistan Shops and Establishments (Punjab Amendment) Act, 1975 (X of 1975), \r\nw.e.f.5.3.1975, s.2; and published in the Punjab Gazette (Extraordinary), pages 147-YY to 147-ZZ, and the same substituted by \r\nthe Labour Laws (Amendment) Act, 1977 (XVII of 1977), w.e.f.9.5.1977, s.2 and the first Schedule; and published in the Gazette \r\nof Pakistan (Extraordinary), pages 339-344 . \r\n11Substituted for the word “fourteenth” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published \r\nin the Punjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.2. \r\n12Omitted the words “of a factory or” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in \r\nthe Punjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.2. \r\n13Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.2. \r\nprofessionals, registered accountants, contractors, engineers \r\nand private clinics of doctors;] \r\n(v) such other professional establishment or class thereof as \r\nGovernment may, by notification in the officia l Gazette, declare \r\nto be commercial establishment for the purposes of this \r\nOrdinance; \r\nbut does not include a factory, shop, residential hotel, restaurant, \r\neating house, theatre or other place of public amusement or \r\nentertainment; \r\n(f) “day” means the period of twenty four hours beginning at mid -night, \r\nprovided that in the case of an employee, whose hours of work extend \r\nbeyond mid-night, day means the period of twenty four hours beginning \r\nwhen such employment commences, irrespective of mid-night; \r\n(g) “employee” means any person employed whether directly or otherwise, \r\nabout the business of an establishment for the owner or occupier \r\nthereof, even though he receives no reward or remuneration for his \r\nlabour, but does not include a member of the employer’s family; \r\n(h) “employer” means a person owning or having charge of the business of \r\nan establishment, and includes an agent or manager or any other \r\nperson acting on behalf of such person in the general management or \r\ncontrol of such establishment; \r\n(i) “employer’s family” means the employer’s husband or wife, as the case \r\nmay be, sons, daughters, father, mother , and brothers and sisters living \r\nwith and dependent on the employer; \r\n14[(j) “establishment” means a shop, commercial establishment, industrial \r\nestablishment, private healthcare facilities, residential hotel, restaurant, \r\neating house, cafe, cinema, theatre, circus, or other place of public \r\namusement or entertainment, schools, educational institutions, teaching \r\nacademies, technical and vocational training institutes a nd such other \r\nestablishments or class thereof as Government may, by notification in \r\nthe official Gazette, declare to be establishments for the purposes of \r\nthis Ordinance;] \r\n(k) “factory” means a factory as defined in clause (j) of section 2 of the \r\nFactories Act, 1934 (XXV of 1934); \r\n(l) “form” means a form specified in the Schedule; \r\n15\r\n[(m) “Government” means Government of the Punjab;] \r\n(n) “hours of work” or “working hours” with reference to an establishment \r\nmeans the time during which the employees in the esta blishment are at \r\n \r\n14Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.2. \r\n15Substituted by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), w.e.f.24.2.2014, s.3; and published in the \r\nPunjab Gazette (Extraordinary), pages 2647-2648.which were earlier Substituted for the words “ Government of West Pakistan ” \r\nby the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), w.e.f.1.8.1975, Article 2 and the Schedule; and published in \r\nthe Gazette of Pakistan (Extraordinary), pages 435-467. \r\nthe disposal of the employer, exclusive of any interval allowed for rest \r\nand meals; \r\n(o) “industrial establishment” means a workshop or other establishment in \r\nwhich the work of 16[mending, assembling, fabricating, blending, \r\nconstruction of b uilding, erection of machinery, ] making, altering, \r\nrepairing, ornamenting, finishing or packing or otherwise treating any \r\narticle or substance with a view to its use, sale, transport, delivery, or \r\ndisposal is carried on , or where any such service is render ed to a \r\ncustomer, and includes such other class or classes of establishments \r\nas Government may, by notification in the official Gazette, declare to be \r\nindustrial establishments for the purposes of this Ordinance, but does \r\nnot include a factory; \r\n(p) “permanent employee” means an employee who has been engaged on \r\na permanent basis, and includes an employee who has completed nine \r\nmonths continuous service in one or different occupations in the same \r\nestablishment, including breaks due to sickness, accident, leav e, illegal \r\nlock outs, legal strikes or involuntary closure of the establishment, and \r\nhas satisfactorily completed a probationary period of three months; \r\n(q) “prescribed” means prescribed by rules made under this Ordinance; \r\n(r) “residential hotel” means any premises in which a bona fide business is \r\ncarried on for the supply of dwelling accommodation and meals on \r\npayment of a sum of money by a traveller or any other member of the \r\npublic or class of the public and includes a club; \r\n(s) “restaurant” and “eating house” mean any premises in which is carried \r\non wholly or principally the business of the supply of meals or \r\nrefreshments to the public or a class of the public for consumption on \r\nthe premises; \r\n(t) “retail trade” includes the business of a barber or hair-dresser, the sale \r\nof refreshments or intoxicating liquors, and sales by auctions; \r\n(u) “shop” means any premises used wholly or in part for the whole -sale or \r\nretail sale of commodities or articles, either for cash or on credit, or \r\nwhere services are rendered to customers, and includes an office, a \r\nstore room, godown, warehouse or place of work, whether in the same \r\npremises or otherwise, mainly used in connection with such trade or \r\nbusiness; \r\n(v) “temporary employee” means an employee who has been engaged for \r\nwork which is of an essentially temporary nature likely to be finished \r\nwithin a period not exceeding nine months; \r\n(w) “wages” means wages as defined in the Payment of Wages Act, 1936 \r\n(IV of 1936); \r\n \r\n16Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Pu njab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.2. \r\n(x) “week” means a period of seven days beginning at mid -night on \r\nSaturday night17[.] \r\n18[* * * * * * * * * * * *] \r\n3. References to time of day. – References to time of day in this Ordinance are \r\nreferences to \r\n19\r\n[Pakistan] Standard time. \r\n4. Power to grant exemptions. – Government may, by notification in the official \r\nGazette, exempt from the operation of all or any of the provisions of this Ordinance \r\nany establishment or any class thereof or any employer or employee or class of \r\nemployers or employees on such conditions as it may think fit. \r\n5. Ordinance not applicable to cer tain establishments and persons. – (1) \r\nNothing in this Ordinance shall apply to– \r\n20\r\n[(i) Offices of the Government 21[as mentioned in the Punjab Government \r\nRules of Business] or the Federal Government;] \r\n(ii) offices of or under the Pakistan \r\n22\r\n[*] Railway Board, including railway \r\nstations; \r\n(iii) offices of or under any 23[local government, ] local authority, a trust, a \r\ncorporation or any other public statutory body, which is not run for profit \r\nor gain or in the course of its business does not make any profit or gain; \r\n(iv) shops or stalls in any public exhibition or show, in so far as such shops \r\nor stalls deal in retail trade which is solely subsidiary or ancillary to the \r\nmain purpose of such exhibition or show; \r\n(v) shops or stalls in any public fair or bazar held for religious or charitable \r\npurposes; \r\n(vi) clubs, hostels and messes not maintained for profit or gain; \r\n(vii) establishments for the treatment or care of the sick, infirm, destitute or \r\nmentally unfit persons 24[financed and managed by the Government, \r\nFederal Government, local government or any local authority of the \r\nGovernment]; \r\n \r\n17Substituted for the “semi colon” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the \r\nPunjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.2. \r\n18Omitted the “clause y” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab \r\nGazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.2. \r\n19Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), w.e.f.1.8.1975, \r\nArticle 2 and the Schedule; and published in the Gazette of Pakistan (Extraordinary), pages 435-467. \r\n20Substituted by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), w.e.f.24.2.2014, s.4; and published in the \r\nPunjab Gazette (Extraordinary), pages 2647-2648. \r\n21Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.3. \r\n22Omitted the words “Western”by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), w.e.f.1.8.1975, Article 2 and \r\nthe Schedule; and published in the Gazette of Pakistan (Extraordinary), pages 435-467. \r\n23Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.3. \r\n24Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.3. \r\n(viii) stalls and refreshment rooms at railway stations, steamer and launch \r\nstations, docks, wharves and air ports, and on trains, steamers or air \r\ncrafts, so far as the sale of commodities is concerned; \r\n(ix) any person employed as manager, travelling agent, canvasser, \r\nmessenger, watchman, caretaker or conservancy staff or any person \r\nemployed exclusively in connection with the collection, despatch, \r\ndelivery, and conveyance of, or custom formalities on, goods; \r\n(x) any person employed for the business of any shop or commercial \r\nestablishment mentioned in clauses (i) to (viii). \r\n(2) Nothing 25[*****] in section 7 shall apply to– \r\n(i) clubs, hostels and messes maintained for profit or gain, so fa r as \r\nservice and attendance upon customers is concerned; \r\n(ii) shops dealing solely in any vegetables, meat, fish, dairy products, \r\nbread, pastries, sweet -meats and flowers, so far as the sale of these \r\narticles is concerned; \r\n(iii) shops dealing mainly in med icines, surgical appliances, bandages or \r\nother medical requisites, so far as the sale of these articles is \r\nconcerned; \r\n(iv) shops dealing in articles required for funerals, burials or cremations, so \r\nfar as the sale of these articles is concerned; \r\n(v) shops dealing mainly in tobacco, cigars, cigarettes, biries, pan, liquid \r\nrefreshments sold retail for consumption on the premises, ice, \r\nnewspapers or periodicals, so far as the sale of these articles is \r\nconcerned; \r\n(vi) automobile service stations (not being repa ir shops) and petrol pumps \r\nfor the retail sale of petrol; \r\n(vii) barbers and hair -dressers’ shops, so far as service to customers is \r\nconcerned; \r\n(viii) cinemas, theatres and other places of public entertainment. \r\n(3) Notwithstanding anything contained in sub -section (2), Government \r\nmay, by general or special order , fix the opening and closing hours for all or any of \r\nthe classes of establishments specified therein. \r\n(4) Notwithstanding anything contained in sub -sections (1) and (2), \r\nGovernment may, by notificati on in the official Gazette, direct that any of the \r\nestablishments or persons specified therein shall not be exempted from the operation \r\nof such provisions of this Ordinance as are specified in such notification, and \r\nthereupon the provisions of this Ordinance specified in such notification shall apply to \r\nsuch establishments or persons. \r\n6. Weekly holiday in establishments. – \r\n26\r\n[(1) Except as otherwise provided in \r\nthis Ordinance, every person employed in any establishment shall, in addition to the \r\n \r\n25Omitted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.3. \r\nleave and holi days as may be admissible to him under sections 14, 15 and 16, be \r\nallowed as holiday, one day in each week.] \r\n(2) No deduction on account of any holiday allowed under sub -section (1) \r\nshall be made from the wages of any employee of any establishment. \r\n(3) If an employee is employed on daily wages, he shall none -the-less be \r\npaid his daily wages for the holiday, and where an employee is paid on piece -rate, he \r\nshall receive for the holiday the average of the wages received during the week. \r\n27\r\n[(4) * * * * * * * * * * * ] \r\n(5) The choice of a closed day shall rest with the employer, who shall \r\nintimate such choice to the 28[Inspector appointed under section 25 of this Ordinance:] \r\n(a) in the case of an establishment existing at the time this Ordinance \r\ncomes into force, within two months thereof; and \r\n(b) in the case of an establishment set up after the coming into force of this \r\nOrdinance, or to which the provisions of this Ordinance are \r\nsubsequently applied, within two months of the setting up of the \r\nestablishment or the application of the provisions of this section thereto, \r\nas the case may be. \r\n(6) An employer who has intimated his choice of a closed day under the \r\nprovisions of sub -section (5), shall not change the closed day for the establishment \r\nwithout the prior approval in writing of the 29[Inspector]. \r\n30\r\n[7. Opening and closing hours of establishments .– (1) No establishment shall \r\non any day remain open after 8:00 p.m.: \r\nProvided that any customer who was being or was waiting in the establishment \r\nto be served at such hour, may be served during the period of thirty minutes \r\nimmediately following such hour: \r\nProvided further that Government may, by notification in the official Gazette, fix \r\nany other hour after 31[or before ] which establishments generally or any class of \r\nestablishment shall not remain open. \r\n(2) Every employer shall display, at a prominent place in the establishment, \r\na board specifying the hours during which the establishment will remain open. \r\n(3) No employee shall be required or permitted to work continuously in a ny \r\nestablishment for more than six hours in the case of an adult and for more than three \r\n \r\n26Substituted by the Finance Act, 2006 (III of 2006), w.e.f.1.7.2006, s.9; and published in the Gazette of Pakistan \r\n(Extraordinary), pages 183-567. \r\n27Omitted by the Finance Act, 2006 (III of 2006), w.e.f.1.7.2006, s.9; and published in the Gazette of Paki stan(Extraordinary), \r\npages 183-567. \r\n28Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.4. \r\n29Substituted by the Punjab Shops and Es tablishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.4. \r\n30Substituted by the West Pakistan Shops and Establishment (Amendment) Ordinance, 1969 (XVII of 1969) , w.e.f.16.8.1969, \r\ns.2; and published in the Gazette of West Pakistan (Extraordinary), pages 1325-A to 1325-B. \r\n31Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.5. \r\n32[*****] hours in the case of a 33[an adolescent ], unless he has been allowed an \r\ninterval for rest or meal of not less than one hour. \r\n(4) Except with the permission of Government, no woman 34[*****] shall be \r\nemployed in any establishment other wise than between the hour s of 9: 00 a.m. to \r\n35[8]:00 p.m.] \r\n36[8. Daily, weekly hours and overtime .– (1) Save as otherwise expressly \r\nprovided in this Ordinance, no adult employee shall be required or permitted to work \r\nin any establishment in excess of nine hours a day and forty -eight hours a week, and \r\nno adolescent in excess of seven hours a day and forty-two hours a week: \r\nProvided that in any day or in any week, in which there occurs st ock-taking, \r\nmaking up of accounts, settlement or such other business operation, and during such \r\nother periods as may be prescribed, an adult employee of an establishment may be \r\nrequired or permitted to work over -time in such establishment for more than nin e \r\nhours in such day and for more than forty -eight hours in such week, but so that the \r\ntotal number of hours so worked by an adult does not exceed six hundred and twenty \r\nfour hours in any one year. \r\n(2) The employer shall not: \r\n(a) allow an adolescent to work in an establishment except \r\nbetween 9:00 a.m. and 8:00 p.m.; \r\n(b) allow an adolescent to work in any establishment on any day \r\non which he has already been working in another \r\nestablishment; \r\n(c) fix the hours of an adolescent in such manner that the working \r\nhours are in conflict with the timings of the educational or \r\nvocational institution, where he is enrolled; and \r\n(d) allow an adolescent to work overtime.] \r\n9. Over-time wages.– When any employee is required to work over -time in any \r\nestablishment, as provide d in the proviso to section 8, the wages payable to such \r\nemployee in respect of such over-time work shall be calculated at double the ordinary \r\nrate of wages payable to him\r\n37\r\n[:] \r\n \r\n38\r\n[Provided that no overtime shall be payable to the contract worker employed \r\non piece rate basis.] \r\n \r\n32Omitted the words “and half” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the \r\nPunjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.5. \r\n33Substituted for the words “young pe rson” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), \r\npublished in the Punjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.5. \r\n34Omitted the words “or young persons” by the Punjab Shops and Establishments (Amen dment) Act 2023 (VI of 202 3), \r\npublished in the Punjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.5. \r\n35Substituted for the figure “7” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the \r\nPunjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.5. \r\n36Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.6. \r\n37Substituted for the full-stop by the Finance Act, 2006 (III of 2006), w.e.f.1.7.2006, s.9; and published in the Gazette of Pakistan \r\n(Extraordinary), pages 183-567. \r\n38Added by the Finance Act, 2006 (III of 2006), w.e.f.1.7.2006, s.9; and published in the Gazette o f Pakistan (Extraordinary), \r\npages 183-567. \r\n39[10. Spread-over.– The period of work of an adult and adolescent shall be so \r\narranged that inclusive of the interval for rest or meals under section 7, it shall not \r\nspread-over more than twelve hours in the case of adult and seven hour s in the case \r\nof adolescent: \r\n Provided that the total period of work so worked out, in case of an adult \r\nemployee, shall not exceed sixty hours and by an adolescent forty -two hours in a \r\nweek.] \r\n40\r\n[10-A. Daycare rooms for children. – (1) Where twenty -five or mo re women are \r\nemployed in an establishment, the employer shall reserve a suitable daycare room \r\nfor under-six years old children of the women. \r\n(2) The daycare room shall be established, managed and conformed to \r\nsuch standards, as may be prescribed.] \r\n11. Time and conditions of payment of wages. – (1) Every employer or his \r\nagent or the manager of an establishment shall fix the period in respect of which \r\nwages to employees shall be payable and shall be responsible for the payment to \r\npersons employed by him of all wages required to be paid under this Ordinance. \r\n(2) No wage period, so fixed, shall exceed one month. \r\n(3) The wages of every employee in any establishment shall be paid on a \r\nworking day before the expiry of the seventh day of the last day of the wage peri od in \r\nrespect of which the wages are payable. \r\n41[(4) All wages shall be paid in legal tender in such manner as may be \r\nprescribed.] \r\n(5) Where the employment of any person is terminated by or on behalf of \r\nthe employer, the wages and other dues earned by such person shall be paid before \r\nthe expiry of the second working day after the day on which his employment is \r\nterminated. \r\n12. Claims arising out of delay in payment of wages and penalty for \r\nmalicious or vexatious claims.– 42[(1) The Authority shall hear and dec ide all \r\nclaims arising out of delay in the payment or non-payment of the wages of employees \r\nin the area assigned to it.] \r\n(2) When contrary to the provisions of this Ordinance, wages of any \r\nemployee have been delayed or withheld, such employee himself or th rough any \r\n \r\n39Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.7. \r\n40Inserted by the Punjab Shops Es tablishments (Amendment) Act 2014 (II of 2014), w.e.f.24.2.2014, s.5; and published in the \r\nPunjab Gazette (Extraordinary), pages 2647-2648. \r\n41Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazet te \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.8. \r\n42Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.9. \r\nother person, whom he may authorise in this behalf, may within \r\n43\r\n[one year] from the \r\nday on which such payment was to be made, apply to the Authority 44[*****]: \r\nProvided that an application may be admitted after the said period of \r\n45\r\n[one \r\nyear] but n ot later than \r\n46\r\n[one year and six months] , if the applicant satisfies the \r\nAuthority that he had sufficient cause for not making the application within such \r\nperiod. \r\n(3) When any application under sub-section (2) is entertained, the Authority \r\nshall hear the a pplicant and the employer or other person responsible for the \r\npayment of wages or give them an opportunity of being heard and , after such further \r\ninquiry, if any, as may be necessary , may without prejudice to any other penalty to \r\nwhich such employer or oth er person is liable under this Ordinance , direct that \r\npayment be made to the applicant of delayed wages together with the payment of \r\nsuch penalty, not exceeding \r\n47\r\n[two thousand] rupees, as the Authority may fix: \r\nProvided that no direction for the payment of penalty shall be made in the case \r\nof delayed wages if the Authority is satisfied that the delay was due to– \r\n(a) a bona fide error or bona fide dispute as to the amount payable to the \r\nemployee; or \r\n(b) the occurrence of an emergency, or the existence of suc h exceptional \r\ncircumstances that the person responsible for the payment of the \r\nwages was unable to make prompt payment; or \r\n(c) the fault of the employee. \r\n(4) If the Authority hearing any application under this section is satisfied \r\nthat 48[the application] was either malicious or vexatious, the Authority may direct that \r\na penalty not exceeding 49[five hundred ] rupees be paid to the employer or other \r\nperson responsible for the payment of wages by the person presenting the \r\napplication. \r\n(5) Any amount directed to be paid under this section may be recovered– \r\n(a) if the Authority is a Magistrate, by the Authority as if it were a fine \r\nimposed by him as Magistrate; and \r\n50[(b) if the Authority is not a Magistrate, by the Authority as arrears of land \r\nrevenue or, in the p rescribed manner by distress and sale of the \r\n \r\n43Substituted for the words “four months” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.6; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n44Omitted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.9. \r\n45Substituted for the words “four months” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.6; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n46Substituted for the words “six months” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.6; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n47Substituted for the words “fifty” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), w.e.f.24.2.2014, s.6; \r\nand published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n48Substituted the word “it” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab \r\nGazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.9. \r\n49Substituted the word “fifty” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the \r\nPunjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.9. \r\n50Substituted for the word “fifty” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the \r\nPunjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.9. \r\nmoveable property belonging to the person by whom the amount is to \r\nbe paid, or by the attachment and sale of the immovable property \r\nbelonging to such person.] \r\n(6) An appeal against a direction made by the Autho rity under sub -section \r\n(3) or sub-section (4) may be referred to the \r\n51\r\n[Labour Court establishment under the \r\nPunjab Industrial Relations Act, 2010 (XIX of 2010)] within thirty days of the date on \r\nwhich the direction was made– \r\n(a) by the employer or other pe rson responsible for the payment of wages \r\nunder section 11 if the total sum directed to be paid by way of wages \r\nand penalty exceeds 52[two] \r\n53\r\n[thousand] rupees; or \r\n(b) by an employee, if the total amount of wages claimed to have been \r\nwithheld from him or fro m the unpaid group to which he belonged , \r\nexceeds 54[one hundred] rupees; or \r\n(c) by any person directed to pay a penalty under sub-section (4). \r\n(7) If there is no appeal, the direction of the Authority made under sub -\r\nsection (3) or sub-section (4) shall be final, and where there is an appeal as provided \r\nin sub-section (6), the decision in appeal shall be final. \r\n(8) 55[The Authority] shall, for the purposes of determining any matter \r\nreferred to in sub-section (3) or sub-section (4)– \r\n(a) have all the powers as a re vested in a Civil Court under the Code of \r\nCivil Procedure, 1908 (V of 1908), for enforcing the attendance of \r\nwitnesses, compelling the production of documents , and taking of \r\nevidence; and \r\n(b) be deemed to a Civil Court for all the purposes of section 1 95 and \r\nChapter XXXV of the Code of Criminal Procedure, 1898 (V of 1898). \r\n13. Bar of suits.– No Court shall entertain any suit for the recovery of wages in so \r\nfar as the sum so claimed– \r\n(a) forms the subject of an application made under sub -section (2) of \r\nsection 12, which is pending before the Authority 56[*****], or of an \r\nappeal under sub-section (6) of the said section; \r\n(b) has formed the subject of a direction made under sub -section (3) of \r\nsection 12; \r\n \r\n51Substituted for the words “District Court” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.6; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n52Substituted for the word “one” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the \r\nPunjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.9. \r\n53Substituted for the words “hundred” by the Punjab Shops Establishments (Am endment) Act 2014 (II of 2014), w.e.f.24.2.2014, \r\ns.6; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n54Substituted for the word “fifty” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the \r\nPunjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.9. \r\n55Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.9. \r\n56Omitted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.10. \r\n(c) has been adjudged in any proceedings under section 12 not to be owed \r\nto an employee; or \r\n(d) could have been recovered by an application under section 12. \r\n14. Annual leave.– (1) Every employee shall be allowed leave with full wages for \r\na period of fourteen days after continuous employment in an establishme nt, whether \r\nin the same or different capacities, for a period of twelve months. \r\n(2) If an employee does not in any period of twelve months avail of the \r\nwhole or any part of the leave allowed to him under sub-section (1)– \r\n(a) any leave not availed of by him shall be added to the leave to be \r\nallowed to him under that sub -section in the succeeding period of \r\ntwelve months; provided that when the total leave due to an employee \r\nunder this section amounts to thirty days, no further accumulation of or \r\naddition to such leave will be permissible; \r\n(b) he may, at his request, in lieu of the leave not availed of by him, be paid \r\nby the employer full wages for such leave. \r\n(3) For the purposes of computing the period during which an employee \r\nhas been in continuous employment within the meaning of sub-section (1), the period \r\nduring which he was on leave under this section, or sections 15 and 16, shall be \r\nincluded. \r\n15. Casual and sick leave. – (1) Every employee shall be entitled to casual leave \r\nwith full wages for ten days in a calendar year. Such leave shall not ordinarily be \r\ngranted for more than three days at a time and shall not be accumulated. \r\n(2) Every employee shall be entitled to sick leave with full wages for a total \r\nperiod of eight days in every year. Such leave, if n ot availed of by any employee \r\nduring a calendar year, may be carried forward, but the total accumulation of such \r\nleave shall not exceed sixteen days at any one time. \r\n16. Festival holidays. – Every employee shall be allowed ten days festival \r\nholidays with full wages in a year. The days and dates for such festival holidays shall \r\nbe notified to the employees by the employer in the beginning of the calendar year. \r\n17. Wages during leave or holiday period. – (1) For each day of the leave or \r\nholidays allowed to an e mployee under sections 14, 15 and 16, he shall be paid at \r\nthe rate equivalent to the daily average amount, which, during the three months \r\npreceding the leave or holidays, was being earned by the employee. \r\n(2) An employee, who has been allowed leave under s ection 14 for any \r\nperiod not less than four days in the case of an adult and five days in the case of 57[an \r\nadolescent], shall before the leave begins, be paid his wages for the period of the \r\nleave allowed. \r\n18. Sections 14, 15, 16 and 17 not to apply to cer tain establishments.– The \r\nprovisions of sections 14, 15, 16 and 17 shall not apply in relation to employees \r\nemployed in commercial establishments as defined in clause (b) of section 2 of the \r\n \r\n57Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.11. \r\nWest Pakistan Industrial and Commercial Employment (Standing Orde rs) Ordinance, \r\n1968 (West Pakistan Ordinance VI of 1968). \r\n19. Termination of employment. – (1) For terminating employment of a \r\npermanent employee, one month’s notice in writing shall be given either by the \r\nemployer or by the employee and in lieu of notice, one month’s wages calculated on \r\nthe basis of average of wages earned during the preceding three months shall be \r\npaid. \r\n(2) No temporary employee, whether monthly rated, weekly rated or daily \r\nrated, and no apprentice shall be entitled to any notice or pay in lieu thereof if his \r\nservices are terminated, but the services of a temporary employee shall not be \r\nterminated as a punishment unless he has been given an opportunity of explaining \r\nthe charges levelled against him. \r\n20. Prohibition of employment of children .– No child shall be required or \r\nallowed to work in any establishment. \r\n58[20-A. Adolescent to carry card giving reference to certificate of age .– No \r\nadolescent shall be allowed to work in any establishment unless: \r\n(a) a certificate of his registration with the National Database and \r\nRegistration Authority (NADRA) or a certificate of his birth registration \r\nwith the respective local government are in the custody of the employer; \r\nand \r\n(b) he carries, while at work, the card issued by the employer giving a \r\nreference to such certificate.] \r\n59[20-B. Register of adolescents on work .– The employer of every \r\nestablishment shall maintain a register containing the following particulars of the \r\nadolescents working in his establishment: \r\n(a) name and date of birth of each adolescent in emp loyment of the \r\nestablishment; \r\n(b) date of start of employment of the adolescent; \r\n(c) nature of work assigned to the adolescent and his working hours, which \r\nshall not be in conflict with the provisions of the Punjab Restriction on \r\nEmployment of Children Act 2016 (L of 2016); \r\n(d) reference number of certificate mentioned in section 20 -A and its date \r\nof issuance; \r\n(e) blood group of the adolescent; \r\n(f) contact number of the adolescent and his near relative for contact in \r\ncase of an emergency; and \r\n(g) such other particulars of the adolescent as may be prescribed.] \r\n21. Contracting out.– Any contract or agreement, whether made before or after \r\nthe commencement of this Ordinance, whereby an employee relinquished any right \r\n \r\n58Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.12. \r\n59Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.12. \r\nconferred by this Ordinance shall be null and void in so far as it purports to deprive \r\nhim of such right. \r\n60[21-A. Compulsory vaccination and inoculation .– (1) Every employee in an \r\nestablishment shall be vaccinated and inoculated against such diseases and at such \r\nintervals as may be prescribed. \r\n(2) The expenses of compulso ry vaccination and inoculation as mentioned \r\nat sub-section (1) shall be borne by the employer of the establishment.] \r\n61[21-B. Provision of canteen .– (1) The Government may direct that in an \r\nestablishment wherein more than one hundred employees are ordinaril y employed, \r\nan adequate canteen shall be provided for the employees in such manner as may be \r\nprescribed. \r\n(2) Without prejudice to the generality of sub -section (1), the rules under \r\nthat sub-section may provide for: \r\n(a) the date by which such canteen shall be made functional; \r\n(b) the standards of construction, accommodation, furniture and \r\nother necessities of the canteen; \r\n(c) the foodstuff to be served therein and the charges thereof; and \r\n(d) representation of the employees in the management of canteen.] \r\n62[21-C. Prohibition on lifting excessive weight .– (1) No person shall be \r\nemployed in any establishment to lift, carry or move any load so heavy as to likely \r\ncause him an injury. \r\n(2) The Government may make rules prescribing the maximum weights \r\nwhich may be lifted, carried or moved by an adult man, adult woman and adolescent \r\nemployed in an establishment or in any class or description of establishments or in \r\ncarrying on any specified process.] \r\n63[21-D. Provision of separate toilets .– The employer shall make provi sion of \r\nenclosed and separate toilets for male and female employees, and such toilets shall \r\nbe maintained in a clean and sanitary condition at all times.] \r\n64[22. Guarding of machinery .– In every industrial establishment, all mechanically \r\nor electrically propelled machinery shall be properly guarded by the employer to avoid \r\nany occupational hazard or injury to the employee in such manner as may be \r\nprescribed.] \r\n \r\n60Inserted by the Punjab Shops and Establishments (Amend ment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.13. \r\n61Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.13. \r\n62Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.13. \r\n63Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.13. \r\n64Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Pun jab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.14. \r\n23. Maintenance of records and registers. – Every employer shall, for the \r\npurpose of this Ordinance, maintain such records and registers and furnish such \r\ninformation 65[to the Authority on demand] as may be prescribed. \r\n24. Registration of establishment 66[*****].– (1) Every establishment, other than \r\na one man shop, as hereinafter defined, and factories empl oying clerical staff within \r\nthe factory premises, shall be registered with the Deputy Chief Inspector for the area \r\nwithin which such establishment is situated. \r\n67[68[(2) An application for registration of an establishment shall be made by the \r\nemployer as per format in Form ‘A’. \r\nExplanation– For the purposes of this section, “one man shop” means a shop \r\nrun by an employer or by any member of employer’s family without engaging an \r\nemployee.] \r\n(3) An application for registration of an establishment shall be made– \r\n(a) in the case of an establishment existing at the time this Ordinance \r\ncomes into force, within three months thereof; and \r\n(b) in the case of an establishment set up after the coming into force of this \r\nOrdinance or to which the provisions of this Ordinance are \r\nsubsequently applied, within two months of the setting up of the \r\nestablishment or the application of this Ordinance thereto, as the case \r\nmay be. \r\n(4) On receipt of the application 69[*****] specified in sub-section (2), the \r\nDeputy Chief Inspector shall, on being satisfied about the correctness of the \r\napplication, register the establishment in the Register of Establishments to be \r\nmaintained in form ‘B’ and shall issue a registration certificate to the employer in form \r\n‘C’70[:] \r\n71[Provided that such registrat ion and issuance of registration certificate may \r\nbe done through electronic mode online.] \r\n(5) The registration certificate shall be prominently displayed by the \r\nemployer at the establishment and shall be renewed after every two years 72[or such \r\nother interval as the Government may notify in the official Gazette]. \r\n \r\n65Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.15. \r\n66Omitted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.16. \r\n67Substituted by the Punjab Shops and Establishments (Amendment) Ordinance 2018 (VI of 2018), published in the Punjab \r\nGazette (Extraordinary), dated: 01 June 2018, pp,8415-8416 s.2 \r\n68Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.16. \r\n69Omitted the words “and the fees” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in \r\nthe Punjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.16. \r\n70Substituted for the “full stop” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the \r\nPunjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.16. \r\n71Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.16. \r\n72Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.16. \r\n25. Appointment of Chief Inspector, Deputy Chief Inspectors and \r\nInspectors.– (1) Government may, by notification in the official Gazette, appoint– \r\n(a) a Chief Inspector of Shops for the whole of the Province; \r\n(b) Deputy Chief Inspectors of Shops for such areas as may be notified; \r\nand \r\n(c) such persons or class of persons as it thinks fit to be Inspectors for the \r\npurposes of this Ordinance within such local limits as may be specified \r\nby the Chief Inspector of Shops. \r\n(2) The Chief Inspector of Shops and the Deputy Chief Inspectors of \r\nShops– \r\n(a) shall supervise the work of Inspectors appointed under clause (c) of \r\nsub-section (1) in such manner as may be prescribed; and \r\n(b) may exercise all or any of the powers of an Inspector. \r\n(3) The Chief Inspector of Shops, Deputy Chief Inspectors of Shops and \r\nInspectors appointed under sub -section (1) shall be deemed to be public servants \r\nwithin the meaning of section 21 of the Pakistan Penal Code (XLV of 1860). \r\n26. Powers of Inspectors.– An Inspector appointed under section 25 may, for the \r\npurposes of this Ordinance and within the local limits for which he is appointed, at all \r\nreasonable times enter into any place which is, or which he has reason to believe is, \r\nan esta blishment, with such assistants, if any, being persons in the service of \r\nGovernment, and make such examination of that place or of any prescribed record, \r\nregister, or other documents maintained therein, and may require such explanation of \r\nany prescribed re cord, register or other documents and do all such things as he \r\nconsiders necessary for the purpose of this Ordinance. \r\n27. Penalties.– (1) If any employer, with intent to deceive, makes or causes or \r\nallows to be made, in any register, record or notice requi red to be maintained under \r\nthe provisions of this Ordinance or the rules made thereunder, any entry, or wilfully \r\nomits or causes or allows to be omitted from any such register, record or notice, any \r\nentry which is required to be made thereunder, or maintains or causes or allows to be \r\nmaintained more than one set of any such register, record or notice except the office \r\ncopy of such notice, or sends or causes or allows to be sent to an Inspector any \r\nstatement, information or notice required to be sent under t he provisions of this \r\nOrdinance or the rules made thereunder, which to his knowledge is false in any \r\nmaterial particulars, he shall, on conviction, be punished with fine which shall not be \r\nless than \r\n73\r\n[74[two thousand]] rupees and which may extend to \r\n75\r\n[five thousand] \r\nrupees. \r\n(2) Whoever contravenes any of the provisions of section 6, 7, 19 or 20 \r\nshall, on conviction, be punishable with fine which for the first offence may extend to \r\n \r\n73Substituted for the word “fifty” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), w.e.f.24.2.2014, s.8; \r\nand published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n74Substituted for the words “one thou sand” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), \r\npublished in the Punjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.17. \r\n75Substituted for the words “two hundred and fifty” by the Punjab Shops Establishm ents (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.8; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\nrupees \r\n76\r\n[five thousand], and for a second or subsequent offence with fine whic h may \r\nextend to rupees \r\n77\r\n[ten thousand] or with simple imprisonment which may extend to \r\nthree months, or with both. \r\n(3) Whoever contravenes any other provisions of this Ordinance shall, on \r\nconviction, be punishable with fine which for the first offence may extend to rupees \r\n78\r\n[three thousand] , and for a second or any subsequent offence , to rupees \r\n79\r\n[five \r\nthousand] or with simple imprisonment which may extend to three months, or with \r\nboth. \r\n28. Procedure.– (1) No prosecution under this Ordinance or any rules made \r\nthereunder shall be instituted except by or with the previous sanction of an Inspector, \r\nor other officer or authority specially empowered by Government in this behalf. \r\n(2) No Court inferior to that of a Magistrate of the first class shall try an \r\noffence punishable under this Ordinance or any rule made thereunder. \r\n 80[(3) Every offence under section 27 shall be cognizable on the complaint \r\nmade by an Inspector appointed under this Ordinance, and may be tried summarily.] \r\n81[28-A. Presumption as to employment .– If a child over the age of six years is \r\nfound inside any part of an establishment in which adolescents are employed, he \r\nshall, until the contrary is proved, be deemed to be working in the establishment.] \r\n29. Limitation of prosecutions. – No Court shall take cognizance of any offence \r\npunishable under this Ordinance or any rule made thereunder unless complaint \r\nthereof is made within three months from the date on which the alleged commission \r\nof the offence comes to the knowledge of an Inspector. \r\n30. Indemnity.– No suit, prosecution or legal proceedings shall lie against any \r\nperson in respect of anything done in good faith under this Ordinance or the rules \r\nthereunder. \r\n31. Delegation of powers. – Government may, by notification in the official \r\nGazette, delegate all or any of its powers under this Ordinance or the rules \r\nthereunder to any subordinate authority 82[,the concerned Secretary to the \r\nGovernment] or agency as may be considered expedient by it. \r\n32. Power to make rules. – (1) Government may, by notification in t he official \r\nGazette, make rules for carrying out the purposes of this Ordinance. \r\n \r\n76Substituted for the words “two hundred and fifty” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.8; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n77Substituted for the words “five hundred” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.8; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n78Substituted for the words “one hundred and fifty” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.8; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n79Substituted for the words “two hundred and fifty” by the Punjab Shops Establishments (Amendment) Act 2014 (II of 2014), \r\nw.e.f.24.2.2014, s.8; and published in the Punjab Gazette (Extraordinary), pages 2647-2648. \r\n80Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.18. \r\n81Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.19. \r\n82Inserted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 202 3), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.20. \r\n(2) In making rules under this section, Government may direct that any \r\nperson committing breach thereof shall, on conviction, be punishable with fine which \r\nmay extend to 83[one thousand] rupees, and where the breach is a continuing one, \r\nwith a further fine which may extend to 84[fifty] rupees for every day, after the first, \r\nduring which the breach continues. \r\n33. Saving of certain rights and privileges. – Nothing in this Ordinance shall \r\naffect any right or privilege to which an employee is entitled on the date of the \r\ncommencement of this Ordinance under any law for the time being in force or under \r\nany award, agreement, settlement, contract, custom or usage which is in force on \r\nthat date, if such right or privilege is more favourable to him than any right or privilege \r\nconferred upon him by this Ordinance. \r\n34. Repeal and saving.– (1) The following enactments, hereinafter referred to as \r\nthe said Acts, are hereby repealed:– \r\n(a) The Sindh Shops and Establishments Act, 1940 ( Sind XVIII of 1940); \r\n(b) The Punjab Trade Employees Act, 1940 (Punjab X of 1940); \r\n(c) The North-West Frontier Trade Employees Act, 1947 (N.W.F.P. XX of \r\n1947); and \r\n(d) The Weekly Holidays Act, 1942 (XVIII of 1942). \r\n(2) Notwithstanding the repeal of the said Acts, everything done, orders \r\npassed, action taken, obligation, liability, penalty or punishment incurred, enquiry or \r\nproceeding commenced, officer appointed or person authorised, jurisdiction or power \r\nconferred, rule made or notification issued, under any of the provisions of the said \r\nActs, shall, if not inconsistent with the provisions of this Ordinance, continue in force \r\nand be deemed to have been done, passed, taken, incurred, commenced, appointed, \r\nauthorised, conferred, made or issued under the provisions of this Ordinance. \r\n \r\n83Substituted for the word “fifty” by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the \r\nPunjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.21. \r\n84Substituted for the word “ten” by the Punjab Shops and Establishments (Amend ment) Act 2023 (VI of 2023), published in the \r\nPunjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.21. \r\nSCHEDULE \r\n[See SECTION (2) (l) AND SECTION 24] \r\n85[FORM ‘A’ \r\nAPPLICATION FORM \r\n1. Name of the establishment, if any. \r\n2. Complete Postal address of the establishment including name of city, \r\ntehsil and the district. \r\n3. E-mail and web address of the establishment. \r\n4. GPS coordinates of the location of the establishment. \r\n5. Full name of the employer (including his father’s/ husband’s name). \r\n6. CNIC Number of the employer. \r\n7. Gender of the employer. \r\n8. Mobile contact number of the employer. \r\n9. E-mail address of the employer. \r\n10. Name, gender, date of birth and relation of employer’s family \r\nmembers with the employer. \r\n11. Full name of the Manager, if any (including his father’s name). \r\n12. CNIC Number of the Manager. \r\n13. Gender of the Manager. \r\n14. Mobile contact number of the Manager. \r\n15. E-mail address of the Manager. \r\n16. Category of the establishment, i.e., whether a shop, industrial \r\nestablishment, commercial establishment, residential ho tel, restaurant, \r\neating house, theatre or other place of public amusement or \r\nentertainment etc. \r\n17. Name of the Chamber of Commerce and Industry with which the \r\nestablishment is registered/ affiliated (if any). \r\n18. Total number of employees (state separat ely the number of men, \r\nwomen and/or adolescents, if any along with their category as \r\npermanent employee or temporary employee). \r\n19. Date, month and year in which the establishment commenced its work. \r\n20. I hereby declare that the details given above are correct to the best of \r\nmy knowledge. \r\n \r\n \r\nDated Signature of the employer \r\n \r\nNote–This statement shall be sent to the Deputy Chief Inspector of the area \r\nconcerned. \r\n(b) in Form B, for the words “Young persons” wherever appearing, the word \r\n“Adolescents” shall be substituted. \r\n(c) for Form C, the following shall be substituted: \r\n \r\n85Substituted by the Punjab Shops and Establishments (Amendment) Act 2023 (VI of 2023), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 February 2023, pp. 3869-3874, s.22. \r\n“Registration No.; \r\nRegistration Date; \r\nREGISTRATION CERTIFICATE \r\n______________________________________________________________\r\n_______________ \r\nIt is hereby certified that t he establishment --------------------------------------- \r\nlocated at ------------------------------------------TEHSIL---------------------DISTRICT---\r\n------------ has been registered under THE PUNJAB SHOPS AND \r\nESTABLISHMENT ORDINANCE, 1969. \r\n \r\nRegistration valid till ------------- Chief Inspector of Shops & Establishments”] \r\n \r\n \r\n \r\nFORM ‘B’ \r\nREGISTER OF ESTABLISHMENTS \r\n \r\nPart I–Shops. \r\nPart II–Commercial Establishments. \r\nPart III–Residential Hotels. \r\nPart IV–Restaurants and Eating Houses. \r\nPart V–Theaters and other places of Public Amusements or Entertainment \r\nSerial No. \r\nRegistration certificate No. \r\nName of the Manager, if any. \r\n \r\nName of employer. \r\nPostal address of the establishment. \r\nName of the establishment \r\nNature of the business. \r\nNUMBER OF MEMBERS \r\nOF EMPLOYER’S FAMILY \r\nNumber of other persons occupying managerial \r\npositions and employees engaged in \r\nconfidential capacity. \r\nTOTAL NUMBER \r\nOF EMPLOYEES. \r\nDate of Inspection. \r\nDate of registration. \r\n \r\nDate of renewal. \r\nMale Female Young \r\npersons \r\n \r\n \r\n \r\n Adult \r\n \r\n \r\n \r\nYoung \r\npersons \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nFORM ‘C’ \r\nREGISTRATION CERTIFICATE \r\nName of the Establishment, if any. \r\nName of the employer. \r\nPostal address of the establishment. \r\n \r\nRegistration No. \r\n It is hereby certified that the establishment as mentioned herein has been registered as \r\na *___________________ under the \r\n86\r\nWest Pakistan Shops and Establishments Ordinance, \r\n1969, this _________________ day of _________________ \r\n \r\n \r\n Chief Inspector of Shops, \r\n87\r\nWest Pakistan \r\n \r\nRENEWALS \r\nDate of \r\nrenewal \r\nFrom To Signature of \r\nthe Chief \r\nInspector of \r\nShops with \r\nseal \r\n1. \r\n2. \r\n3. \r\n \r\n \r\n \r\n \r\n*Here insert category of the establishment. \r\n \r\n \r\n86 Now Punjab. \r\n87 Now Punjab.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": 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