The West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963
Download FeedBackDepartment: | Industries, Commerce and Technical Education Department | ||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Main Category: | Ordinance | ||||||||||||||||||||||||||||
Specific Category Name: | Control | ||||||||||||||||||||||||||||
Year | 1963 | ||||||||||||||||||||||||||||
Promulgation Date: | 26-01-1963 | ||||||||||||||||||||||||||||
Details: | THE WEST PAKISTAN
INDUSTRIES (CONTROL ON ESTABLISHMENT AND ENLARGEMENT) ORDINANCE, 1963. (WEST PAKISTAN ORDINANCE IV OF 1963.)
[26th January,
1963.] CONTENTS PREAMBLE SECTIONS 1.
Short title, extent and commencement. 2.
Definitions. 3.
Restrictions on establishment of industrial
undertaking. 4.
Check on unauthorized establishment or enlargement of
industrial undertaking. 5.
Power of obtaining information and of entry. 6.
Delegation of powers. 7.
Revision and appeal. 8.
Penalty for contravention. 9.
Cognizance of offence by court. 10.
Indemnity. 11.
Exemption. 12.
Ordinance to over ride other laws. 13.
Power to make rules. THE WEST PAKISTAN
INDUSTRIES (CONTROL ON ESTABLISHMENT AND ENLARGEMENT) ORDINANCE, 1963. (WEST PAKISTAN ORDINANCE IV OF 1963.)
[26th January, 1963.]
AN ORDINANCE to provide for the
organized and planned growth of industries in West Pakistan.
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, THEREFORE,
in pursuance 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:—
(2) It extends to
the whole of the [1][Province
of the Khyber
Pakhtun-khwa] except the Tribal
Areas. (3) This section and
section 2 shall come into force at once and the remaining provisions of the
Ordinance shall come into force in such local area and on such dates as the
Government may, by notification in the official Gazette specify.
(a)
“Director” means the Director of Industries, [2][
…… ] and includes any officer appointed by Government, to exercise all or any
of the powers and perform all or any of the functions and duties of the
Director under this Ordinance; (b)
“Government” means the Government of [3][Khyber
Pakhtun-khwa.] (c)
“Industrial undertaking” means an undertaking pertaining to an
industry (including any industry ancillary thereto) carried on or to be carried
on, in any local area, at a place or premises, including precincts thereof,
wherein twenty or more workers without the aid of power, or ten or more workers
with the aid of power, were working on any day during the twelve months
preceding the date of coming into operation of section 3 to 12 in the local
area concerned or are working and shall work for the manufacture or processing
of goods or commodities; (d)
“local area” means any area to which the provisions of sections 3
to 12 have been applied in pursuance of sub-section (3) of section 1; (e)
“rules” mean rules made under this Ordinance.
[5][Provided that the
application of any person for the grant of such permission shall not be
rejected— (a)
without giving such person an opportunity of showing cause against
it; or (b)
unless Government is satisfied, on the basis of information
available to it and after making such inquiry as it may deem fit, that the
grant of permission to such person will be prejudicial to the national
interest, or injurious to the health of, or a source of nuisance for, the
residents of the local area in which the industrial undertaking is proposed to
be set up or, as the case maybe, the industrial undertaking which is proposed
to be enlarged is situated.]
(i)
to refrain from such establishment or enlargement; or (ii)
to stop further construction and to remove the unauthorized
undertaking or part thereof and the person concerned shall comply with the
order within such period as may be specified.
(a)
by order in writing require any person to furnish such information
in his possession relating to any industrial undertaking as may be specified in
the order; (b)
enter or authorize any person to enter an industrial under-taking
and take such action as may be necessary.
(2) Any person feeling aggrieved by an order passed by
the Director under section 4 may, within thirty days of the order, prefer an
appeal to Government. (3) If in any case it
shall appear to Government that any order passed by Government or the Director,
as the case may be, be set aside or modified, Government may pass such order
thereon as may be deemed fit: Provided that no such order shall be passed unless, in
the case of an appeal, the appellant and in any other case the party to be
affected adversely, has been given a reasonable notice to appear and be heard (4) Subject to any order
passed by Government under the last preceding sub-section the order passed by
Government or the Director under section 3 or section 4, as the case may be,
shall be final.
[1] Substituted vide
Khyber Pakhtunkhwa Adaptation of Laws Order, 1975. [2] Omitted vide
Khyber Pakhtunkhwa Adaptation of Laws Order, 1975. [3] Substituted vide
Khyber Pakhtunkhwa Adaptation of Laws Order, 1975. [4] Omitted vide
Khyber Pakhtunkhwa Adaptation of Laws Order, 1975. [5] Substituted vide
Khyber Pakhtunkhwa Act, No. IV of 1976. |