ESSENTIAL SERVICES (MAINTENANCE) ACT, 1958
(W.P. Act XXXIV of 1958)
Short title, extent and commencement.
Employment to which this Act applies.
Power to order persons engaged in certain employments to remain in specified
Regulation of wages and conditions of service.
Penalties and procedure.
of legal proceedings.
Saving of effect of laws imposing liability to national service.
ESSENTIAL SERVICES (MAINTENANCE) ACT, 1958
(W.P. Act XXXIV of
An Act to provide for the
maintenance of certain essential services
WHEREAS it is expedient to provide for the maintenance of certain essential
services in [the
It is hereby enacted as
1. Short title,
extent and commencement.— (1) This
Act may be called the [Punjab]
Essential Services (Maintenance) Act, 1958.
extends to the whole of the Province of
Punjab] except the Tribal Areas.]
(3) It shall come into
force at once.
2. Definitions.— In
this Act, unless there is anything repugnant in the subject or context—
“employment” means any service for which remuneration is received;
service” means a service to the employment of which this Act applies;
“Government” means the [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.
4. Power to order
persons engaged in certain employments to remain in specified areas.—
(1) The Government or an officer authorised in this behalf by the Government
the public interest so requires] by general or special order, direct that
any person or persons engaged 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 in 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
(a) disobeys any lawful
order given in the course of such employment, or attempts to persuade any
person to disobey any such order, or
reasonable excuse abandons such employment or absents himself from work, or
(c) departs from
any area specified 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
(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
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).
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 employment 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 empowered by such rules to give
them, any person failing to comply therewith is guilty of an offence under
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 being 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.
The North-West Frontier Province Essential Services (Maintenance) Act, 1946,
and the West Pakistan Essential Services (Maintenance) Ordinance, 1957,
are hereby repealed.