The Essential Personnel registration west Pakistan Amendment Ordinance 1965

1[NORTH WEST FRONTIER PROVINCE ROAD
TRANSPORT BOARD] REMOVAL OF UNDESIRABLE
EMPLOYEES ORDINANCE, 1965.
(WEST PAKISTAN ORDINANCE NO. VIII OF 1965)

CONTENTS


Preamble.
Sections.

  1. Short title and Commencement.
  2. Definitions.
  3. Termination of Services.
  4. Appeals.
  5. Protection taken under the Ordinance.

1.     Subs by N.W.F.P. Act No. V of 197



THE 2[NORTH WEST FRONTIER PROVINCE ROAD TRANPSORT BOARD] REMOVAL OF UNDESIRABLE EMPLOYEES ORDINANCE, 1965.
WEST PAKISTAN ORDINANCE No. VIII OF 1965.
[17th May, 1965].
AN
ORDINANCE
to provide for the termination of services of undesirable employees of the 2[North West Frontier Province Road Transport Board]


            WHEREAS, it is expedient to make provision for the termination of the services of undesirable employees of the 2[North West Frontier Province Road Transport Board], in the manner hereinafter appearing;

Preamble

            AND WHEREAS, the Provincial Assembly of West Pakistan is not in session and the Governor of West Pakistan is satisfied that circumstances exist which render immediate legislation necessary;
            NOW, THEEFORE, in exercise of the powers conferred on him by clause (1) of Article 79 of the Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:—


1.         (1) This Ordinance may be called the 2[North-West Frontier Province, Road Transport Board] Removal of Undesirable Employees Ordinance, 1965.

Short title and commencement

            (2) It shall come into force at once.


                3[2. —In this Ordinance unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say—

Definitions

 (a)    "appropriate authority" means.—
          (i)     Government in the case of employees appointed by Government, or person whose services have been transferred by Government to the Board;


1.     This Ordinance was approved by the West Pakistan Provincial Assembly under Article 79 (3) of the Constitution at its meeting; held on 7th July, 1965 see Gazette of West Pakistan, 1965, Extraordinary, Pages 3567—69-

2.     Subs: by NWFP Act No. V of 1974, for "Road Transport Corporation (West Pakistan.)
3.     Section-2, subs by ibid.

 

         (ii)     Board in the case of employees by the Board; and
         (iii)    General Manager in the case of employees appointed by an authority or officer subordinate to the Board;

  1. "Board" means the North-West Frontier Province Road Transport Board established under section 70 of the West Pakistan Motor Vehicles Ordinance 1965 (W. P. Ord. XIX of 1965);
  2. "employee" means any person serving in connection with the affairs of the Board, including a person whose services have been transferred to the Board, but does not include a person on deputation from a Government Department;
  3. "General Manager" means the General Manager of the Board; and
  4. "Government" means the Government of the North West Frontier Province.]

Termination of services

3.         If in the opinion of the appropriate authority any employee is undesirable and it is expedient, in the public interest, to terminate his services, the appropriate authority may, notwithstanding anything to the contrary, contained in any law, rule or instrument having the force of law—

(i)      after giving such employee a reasonable opportunity to show cause against the action proposed to be taken against him, terminate his services; and
(ii)     direct that such gratuity or Provident Fund as may be admissible to such employee under the rules and specified in the order be paid to him.


Appeal

4.         (1) Any employee in respect of whom an order terminating his services has been made under section 3 by the 1[General Manager] or the [Board], may, within fifteen days of the communication to him of the order, appeal against the order to Government, and the order made in appeal shall be final.

            (2) Where an order of retirement under section 3 has been made by Government, no appeal shall lie against such order, but the person in respect of whom such an order has


1.     In section-4, in sub-section (1), the words "Chairman", and "Corporation', the words. "General Manager" and "Board" respectively be Sub-by N.W.F.P. Act V 1974 s.4.

 

has been made, may, within fifteen-days of the communication to him of such order, apply for review of the order to Government and any order passed in review shall be final.


5.         No suit, prosecution or other legal proceedings shall lie against Government, the 1[Board] or any other officer or servant of the 1[Board] for anything in good faith done or intended to be done under this Ordinance.

Protection taken under the Ordinance

1.     Subs: for the word- "Corporation" by N.W.F.P. Act No. V of 1974.

 

Attachments

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