The West Pakistan Shops And Establishments Ordinance, 1969

THE WEST PAKISTAN SHOPS AND ESTABLISHMENTS ORDINANCE, 1969.
(WEST PAKISTAN ORDINANCE NO VIII OF 1969)

CONTENTS

PREAMBLE
Sections—

1.         Short title, extent, commencement and application.

1. Definitions.
2. Reference to time of day.
3. Power to grant exemptions.
4. Ordinance not applicable to certain establishments and persons.
5. Weekly holiday in establishments.
6. Opening and closing hours of establishments.
7. Daily, weekly hours and over-time.
8. Over-time wages.
9. Spread-over.

11.       Time and conditions of payment of wages.

1. Claims arising out of delay in payment of wages and penalty for malicious or vexatious claims.
2. Bar of suits.
3. Annual leave.
4. Casual and sick leave.
5. Festival holidays.
6. Wages during leave or holiday period.
7. Sections 14, 15, 16 and l7 not to apply to certain establishments.
8. Termination of employment.

Sections

1. Prohibition of employment of children.
2. Contracting out.
3. Guarding of machinery.
4. Maintenance of records and registers.
5. Registration of establishment and fee for registration.
6. Appointment of Chief Inspector, Deputy Chief Inspector and Inspectors.
7. Powers of Inspectors.
8. Penalties.
9. Procedure.
10. Limitation of prosecutions.
11. Indemnity.
12. Delegation of powers.
13. Power to make rules.
14. Saving of certain rights and privileges .
15. Repeal and saving.

SCHEDULE

THE WEST PAKISTAN SHOPS AND ESTABLISHMENTS
ORDINANCE, 1969.
WEST PAKISTAN ORDINANCE NO.VIII OF 1969.
[3rd July, 1969]
AN
ORDINANCE
to amend and consolidate the law relating to the hours and other conditions of work and employment of persons employed in shops and commercial industrial and other establishments in West Pakistan and matters connected there with

NOW THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the provisional Constitution Order, the Administrator of Martial Law, Zone A in exercise of the powers of the Governor of West Pakistan conferred on him by the Chief Martial Law Administrator, is pleased to make and promulgate the following Ordinance:-

1. It extends to the whole of the1[Pakistan].
2. It shall come into force at once in such areas, and its provisions shall automatically apply to such establishments or classes thereof to which any law on the subject was applicable immediately before the coming into force of this Ordinance.

(4) Government may, by notification in the official Gazette extend the operation of this Ordinance or any provisions thereof to any other area or establishment or exclude any area or establishment to which if extends, from its operation.

(a)     "adult" means a person who has completed his seventeenth year of age;

(b)     "apprentice" means a person who is employee whether on payment of wages or not, for the purposes of being trained in any trade, craft or employment in any establishment;
(c)     "Child" means a person who has not complete his 1[Fourteenth] years of age;

1. "closed" means not open for the service of any customer or to any business connected with the establishment;
2. "commercial establishment" means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession, and includes—

         (i)      a society registered under the Societies Registration Act, 1860 (XXI of 1860), and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession, or any work in connection with or incidental or ancillary thereto;
         (ii)     an establishment wherein there is conducted the business of advertising, commission, for warding or a commercial agency;
         (iii)    a clerical department of a factory or of any industrial or commercial undertaking;
         (iv)    an insurance company, joint stock company, bank, brokers' offices or exchange and office of lawyers, income-tax practitioners, registered accountants, contractors and engineers;
         (v)     such other professional establishment or class thereof as Government may by notification in the official Gazette, declare to be commercial establishment for the purposes of this ordinance;
                  but does not include a factory, shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;

(f)      "day" means the period of twenty-four hours beginning at mid-night, provided that, in the case of an employee, whose hours of work extend beyond mid-night, day means the period of twenty-four hours beginning when such employment commences irrespective of mid-night;
(g)     "employee" means any person employed whether directly or otherwise, about the business of an establishment for the owner or occupier thereof, even though he receives no reward or remuneration for his labour, but does not include a member of the employer's family;
(h)     "employer" means a person owning or having charge of the business of an establishment, and includes an agent or manager or any other person acting on behalf of such person in the general management or control of such establishment;
(i)      "employer's family" means the employers husband or wife, as the case may be, sons, daughters, father, mother, and brothers and sisters living with and dependent on the employers;
(j)      "establishment" means a shop, commercial establishment, industrial establishment, private dispensary, maternity home, residential hotel, restaurant, eating house, cafe, cinema, theatre, circus, or other place of public amusement or entertainment and such other establishments or class thereof as Government may, by notification in the official Gazette, declare to be establishments for the purposes of mis Ordinance;
(k)     "factory" means a factory as defined in clause; (t) of section 2 of the factories Act, 1934 (XXV of 1934);
(l)      "form " means a form specified in the Schedule;
(m)    ''Government" means the 1[provincial Government.]
(n)     "hours of work" or "working hours" with reference to an establishment means the time during which the employees in the establishment are at the disposal of the employer, exclusive of any interval allowed for rest and meals;         

(o)     "industrial establishment" means a workshop or other establishment in which the work of making, altering, repairing, ornamenting, finishing or packing or otherwise treating any, article or substance with a view to its use, sale transport, delivery or disposal is carried on or where any such service is rendered to a customer, and includes such other class or classes of establishments as Government may, by notification in the official Gazette, declare to be industrial establishments for the purposes of this Ordinance, but does not include a factory;
(p)     "permanent employee" means an employee who has been engaged on a permanent basis, and includes an employee who has completed nine months continuous service in one or different occupations in the same establishment, including breaks due to sickness, accident leave, illegal lock outs, legal strikes or involuntary closure of the establishment, and has satisfactorily completed a probationery period of three months;
(q)     "prescribed" means prescribed by rules made under this Ordinance;
(r)     "residential hotel" means any premises in which a bona fide business is carried on for the supply of dwelling accommodation and meals on payment of a sum of money by a traveller or any other member of the public or class of the public and includes a club;
(s)     "restaurant" and "eating house" mean any premises in which is carried on wholly or principally the business of the supply of meals or refreshments to the public or a class of the public for consumption on the premises;
(t)      "retail trade" includes the business of a barber or hair-dresser, the sale of refreshments or intoxicating liquors, and sales by auctions;,
(u)     "shop" means any premises used wholly or in part for the whole-sale or retail sale of commodities or articles either for cash or on credit, or where services are rendered to customers, and include an office, a store room, godown, ware-house or place of work, whether in the same premises or otherwise, mainly used in connection with such trade or business;

(v)     "temporary employee" means an employee who has been engaged for work which is of an essentially temporary nature likely to be finished within a period not exceeding nine months;
(w)    "wages" means wages as defined in the Payment of Wages Act, 1936 (IV of 1936);
(x)     "week" means a period of seven days beginning at mid-night on Saturday night;
(y)     "young person" means a person who is not a child and has not completed his seventeenth year of age.

 (iii)   offices of or under any local authority , a trust, a corporation or any other public statutory body, which is not run for profit or gain or in the course of its business does not make any profit or gain;
(iv)    shops or stalls in any public exhibition or show, in so far as such shops or stalls deal in retail trade which is solely subsidiary or ancillary to the main purpose of such exhibition or show;
(v)     shops or stall in any public fair or bazar held for religious or charitable put poses;
(vi)    clubs , hostels and messes not maintained for profit or gain;

(vii)   establishments for the treatment or care of the sick, infirm, destitute or mentally unfit persons;
(viii)   stalls and refreshment rooms at railway stations steamer and launch stations, docks, wharves and airports and on trains, steamers or air drafts, so far as the sale of commodities is concerned;
(ix)    any person employed as manager, traveling agent canvasser, messenger, watchman, care taker or conservancy staff or any person employed exclusively in connection with the collection, dispatch, delivery, and conveyance of, or custom formalities on goods;
(x)     any person employed for the business of any shop or commercial establishment mentioned in clauses (i) to (viii) (2) Nothing in clause (a) of sub section (1) of section 6 and in section 7 shall apply to—
(i)      clubs, hostels and messes maintained for profit or gain, so far as service and attendance upon customers is concerned;
(ii)     shops dealing solely in any vegetables, meat, fish, dairy products bread, pastries, sweet-meats and flowers, so far as the sale of these articles is concermed;
(iii)    shops dealing solely in any vegetables, meat fish, dairy products, bread, pastries, sweet-meats and flowers, so far as the sale of these articles is concerned;
(iv)    shops dealing in articles required for funerals, burials or cremations , so far as the sale of these articles is concerned:
(v)     shops dealing mainly in tobacco, cigars cigarettes, buries,. pan, liquid refreshments sold retail for consumption on the premises, ice, news-papers or periodicals, so far as the sale of these articles is concerned;
(vi)    automobile service stations (not being repair shops) and petrol pumps for the retails sale of petrol;
(vii)   barbers and hair-dressers' shops, so far as service to customers is concerned;
(viii)   cinemas, theatres and other places of public entertainment.

1. Notwithstanding anything contained in sub-section (2) Government may, by general or special order fix the opening and closing hours for all or any of the classes of establishments specified therein.
2. Notwithstanding anything contained in sub-section (1) and (2), Government may, by notification in the official Gazette, direct that any of the establishments or persons specified therein shall not be exempted form the operation of such provisions of this Ordinance as are specified in such notification, and thereupon the Provisions of this ordinance specified in such notification shall apply to such establishments or persons.

(b) Every person employed in any establishment shall , in addition to the leave and holidays as may be admissible to him under sections 14, 15 and 16, be allowed as holiday, one day in each week, and such holiday may be on the day on which the establishment is closed under clause (a).
(2) No deduction on account of any holiday allowed under sub-section (1) shall be made from the wages of any employee of any establishment.
(3) If an employee is employed on daily wages, he shall none-the-less be paid his daily wages for the holiday, and where an employee is paid on piece-rate, he shall receive for the holiday the average of the wages received during the week.
(4) The day on which an establishment shall be entirely closed shall be either Friday or Sunday.
(5) The choice of a closed day shall rest with the employer who shall intimate such choice to the prescribed authority—
(a)     in the case of an establishment existing at the time this Ordinance comes into force, within two months thereof; and
(b)     in the case of an establishment set up after the coming into force of this Ordinance, or to which the provisions of this Ordinance are subsequently applied , within two months of the setting up of the establishment or the application of the provisions of this section thereto as the case may be.

(6) An employer who has intimated his choice of a closed day under the provisions of sub-section (5), shall not change the closed day for the establishment without the prior approval in writing of the prescribed authority.

Provided further that Government may, by notification in the official Gazette, fix any other hour after which establishment generally or any class of establishment shall not remain open.

1. Every employer shall display, at a prominent place in the establishment, a board specifying the hours during which the establishment will remain open.
2. No employee shall be required or permitted to work continuously in any establishment for more than six hours in the case of an adult and for more than three and half hours in the case of a a young person , unless he has been allowed an interval for rest or meals of not less than one hour.
3. Except with the permission of Government, no woman or young person shall be employed in any establishment otherwise than between the hour of 9-00 a.m. and 7.00 p. m.]

Provided that in any day or in any week in which there occurs stock-taking, making up of accounts, settlement or such other business operation and during such other periods, as may be prescribed, an adult employee of an establishment may be required or permitted to work overtime in such establishment for more than nine hours in such day and for more than forty-eight hours in such week, and a young person for more than hour in such day and for more than forty -two hours in such week but so that the total number of hours so worked by an adult does not exceed one hundred and fifty-hours and by a young person one hundred hours in any one year.

1. No wage period, so fixed, shall exceed one month.
2. The wages of every employee in any establishment shall be paid on a working day before the expiry of seventh day of the last day of the wage period in respect of which the wages are payable .

(4) All wages shall be paid in legal tender.
(5) Where the employment of any person is terminated by or on behalf of the employer the wages and other dues earned by such person shall be paid before the expiry of the second working day after the day on which his employment in terminated.

(2) When contrary to provisions of this Ordinance wages, of any employee have been delayed or with held, such emp­loyee himself or through any other person, whom he may authorise in this behalf may within four months from the day on which such payment was to be made apply to the authority appo­inted   under    sub-section(l):
Provided  that an application  may   be admitted  after the   said, period   of four months but not  later than six months if the applicant satisfies   the   Authority that he had sufficient cause for not  making the application  within such period.
(3) When any application under sub-section (2) is entertained the Authority shall hear the applicant and the employer or other persons responsible for the payment of wages or give them an opportunity' of being heard and after such further inquiry, if any, as may be necessary, may without prejudice to any other penalty to which such employer or other person is liable under this Ordinance direct that payment be made to the applicant of delayed wages together with the payment of such penalty, not exceeding fifty rupees, as the Authority may fix:
Provided that no direction for the payment of penalty shall be made in the case of delayed wages if the Authority is satisf­ied that the delay was due to—
(a)     a bona fide error or bona fide dispute as to the amount  payable  to  the  employee; or
(b)     the occurrence of an emergency, or the existence of such exceptional circumstances that the per­son responsible for the payment of the wages was unable to make prompt payment;    or
(c)     the fault of the employee.
(4)  If the  Authority  hearing any  application  under this  section is satisfied than it Was either vexaliuous vexatious, the Authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible  for  the  pay­ment of wages by the person presenting the application.
(5) Any amount directed to be paid under this section may be recovered—
(a)     if the Authority is a Magistrate, by the Authority as if it were a fine imposed by him as Magistrate; and.

(b)        if the Authority is not a Magistrate, by any Magistrate to whom the authority makes application in this behalf as if it were a fine imposed by such Magistrate;
(6) An appeal against a direction made by the Authority under sub-section (3) or sub-section (4) may be preferred to the District Court within thirty days of the date on which the direction was made—
(a)     by the employer or other parson responsible for the payment of wages under section 11 if the total sum directed to be paid by way of wages and penalty exceeds one hundred rup3es;or
(b)     by an employee, if the total amount of wages claimed to have been with held from him or from the unpaid group to which he belonged, exceeds fifty rupees; or
(c)     by any parson directed to pay a penalty under sub-section (4).
(7) If there is no appeal, the direction of the Authority made under sub-section (3) or sub-section (4) shall be final, and where there is an appeal as provided in sub-section (6), the decision in appeal shall be final.
(8) An Authority appointed under sub-section (1) shall, for the purposes of determining any matter referred to in subsection (3) or sub-section (4)—
(a)     have all the powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Vol 1908), for enforcing the attendance of witnesses, compelling the production of documents, and the taking of evidence; and
(b)     be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal procedure, 1898 (v of 1898).

(a)     forms the subject of an application made under sub-section.(2) of section 12, which is pending before the Authority appointed under subsection (1) of that section, or of an appeal under sub-section (6) of the said section;

(b)     has formed the subject of a direction made under sub-section (3) of section 12;
(c)     has been adjudged in any proceedings under section 12 not to be owed to an employee; or
(d)     could have been recovered by an application under section 12.

(2) If an employee does not in any period of twelve month avail of the whole or any part of the leave allowed to him under sub-section (1)—
(a)     any leave not availed of by him shall be added to the leave to be allowed to him under that sub-section in the succeeding period of twelve months; provided that when the total leave due to an employee under this section amounts to thirty days, no further accumulation of or addition to such leave will be permissible;
(b)     he may, at his request, in lieu of the leave not availed of by him, be paid by the employer full wages for such leave.
(3) For the purposes of computing the period during which an employee has been in continuous employments with in the meaning of sub section (1), the period during which he was on leave under this section, or section 15 and 16, shall be included.

(2) Every employee shall be entitled to sick leave with full wages for a total period of eight days in every year. Such leave if not availed of by any employee during a calendar year, may be carried forward, but the total accumulation of such leave shall not Exceed sixteen days at any one time.

(2) An employee, who has been allowed leave under section 14 for any period not less than four days in the case of an adult and five days in the case of a young persons shall before the leave begins, be paid his wages for the period of the leave allowed.

(2) No temporary employee, whether monthly rated, weekly rated or daily rated, and no apprentice shall be entitled to any notice or pay in lieu thereof if his services are terminated, but the services of a temporary employee shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges leveled against him.

(2) An application for registration of an establishment shall be made by the employer in from 'A' and shall be accompanied by a Treasury Challan under Head
1[(xxxvi) Miscellaneous Department-G-Miscellaneous-(s) Receipts under the West Pakistan Shops and Establishment Ordinance, 1969]. For an amount of-
Rs. 2.00 in the case of an establishment employing 1 to 5 workers.
Rs. 3.00 in the case of an establishment employing 6 to 10 workers.
Rs 5.00 in the case of an establishment employing 11 to 20 workers.
Rs 10.00 in the case of an establishment employing more than 20 workers.
Explanation— For the purposes of this section, one "man shop" means a shop run by an employer or by any member of his family without engaging an employee .
(3) An application for registration of an establishment shall be made—

1. in the case of an establishment existing at the time this Ordinance comes in to force, within three months thereof; and
2. in the cast of an establishment set up after the coming in to force of this Ordinance or to which the provisions of this Ordinance are subsequently applied, within two months of the setting up of the establishment or the application of this Ordinance thereto, as the case may be.

(4) On receipt of the application and the fees specified in sub-section (2), the Deputy Chief Inspector shall, on being satisfied about the correctness of the application register the es­tablishment in the Register of Establishments to be maintained in Form 'B' and shall issue a registration certificate to the employer in Form 'C'
(5) The registration certificate shall be prominently displayed by the employer at the establishment and shall be renew­ed after every two years on depositing fee as prescribed in sub-sect­ion (2).

 (2) The Chief Inspector of Shops and the Deputy Chief Inspectors of Shops—
(a)     shall supervise the work of Inspectors appointed under clause (c).of sub-section (1) in such manner as may be prescribed; and.
(b)     may exercise all or any of the powers of an Inspector.
(3) The Chief Inspector of Shops, Deputy Chief Inspectors of Shops and Inspectors appointed under sub-section (1) shall be deemed to be public servants within" the meaning of section 21   of the Pakistan Penal Code (XLV Of I860).

(2) Whoever contravenes any of the provisions of section 6,7,19 or 20 shall, on conviction, be punishable with fine which for the first offence may extend to rupees two hundred and fifty, and for a second or subsequent offence with fine which may extend to rupees five hundred or with simple imprisonment which may extend to three months, or with both.
(3) Whoever contravenes any other provisions of this Ordinance shall, on conviction, be punishable with fine which for the first offence may extend to rupees one hundred and fifty and for a second or any subsequent offence to rupees two hundred and fifty or with simple imprisonment which may extend to three months, or with both.

(2) No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Ordinance or any rule made thereunder.

            (2) In making rules under this section, Government may direct that any person committing breach thereof shall, on conviction be punishable with fine which may extend to fifty rupees, and where the breach is a continuing one, with a further fine which may extend to ten rupees for every day, after the first, during which the breach continues.

(a)     The Sindh Shops and Establishments Act, 1940 (Sindh XVIII of 1940);
(b)     The Punjab Trade Employees Act, 1940 (Punjab X of 1940);
(c)     The North West Frontier Trade Employees Act, 1947(N.W.F.P. X X of 1947) ; and
(d)     The Weekly Holidays Act, 1942 (XVIII of 1942).
(2) Notwithstanding the repeal of the said Acts, every thing done, orders passed , action taken, obligation, liability, penalty or punishment incurred, enquiry or proceeding commenced, officer appointed or person authorised jurisdiction or powers conferred, rules made or notification issued under any of the provisions of the said Act, shall if not inconstant with the provisions of this Ordinance , continue in force and be deemed to have been done, passed, taken, incurred, commenced, appointed, authorised conferred, made or issued under the provisions of this Ordinance.

SCHEDULE
[See Section (2 (7) and Section 24 ]
FORM "A
APPLICATION FORM

1. Name of the establishment, if any.
2. Postal address of the establishment.
3. Full name of the employer (including his father's name).
4. Full name of the Manager if any (including his father's name)
5. Category of the establishment i.e. whether a shop, industrial establishment, commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.
6. Total number of employee (state separately the number of men, women and or young person, (if any).
7. Date on which the establishment commenced its work.
8. I hereby declare that the details given above are correct to the best of my knowledge.

Dated               Signature of the employer.
Note —This statement shall be sent to the Deputy Chief Inspector or the area concerned with such fare as are prescribed in section 24 (2) of the West Pakistan Shops and Establishments Ordinance,, 1969.

FORM C

REGISTRATION CERTIFICATE

Name of the Establishment, if any.
Name of the employer.
Postal address of the establishment.
Registration No.
            It is hereby certified that the establishment as mentioned herein has been registered as a  _______________________________ under the West Pakistan Shops and Establishments Ordinance, 1969, this——day of——
Chief Inspector, of Shops,
West Pakistan.

RENEWALS

♦ Here insert category of the establishment

Attachments