ISLAMABAD HIGH COURT, ISLAMABAD

4. Duties.—(1) It shall be the duty of the Attorney-General for Pakistan to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the Federal Government and in the performance of his duties he shall have the right of audience in all Courts and tribunals in Pakistan.

(2) For the performance of duties mentioned in sub-rule (1) the Attorney-General for Pakistan shall be paid no fee other than the retainership payable under Rule 2.

5. Appearance in Courts etc.—The Federal Government may require the Attorney-General to appear before any High Court or any tribunal in any case, suit, appeal or other proceedings in which the Federal Government is concerned and a daily fee of ten thousand rupees shall be paid to him for every day of his appearance before such Court or tribunal. If such a reference requires him to be absent from his headquarters the days of his absence, not being days of departure to and return from such appearance, shall be included in the days of such appearance.

6. Responsibilities of Attorney-General for Pakistan.—(1) The Attorney-General for Pakistan shall not:—

(a) engage in private practice so long as he holds the office of the Attorney-General;

(b) advise or hold briefs against the Federal Government;

(c) advise or hold briefs in cases in which he is likely to be called upon to advise, or appear for, the Federal Government;

(d) defend accused persons in criminal prosecutions without the prior order or permission of the Federal Government;

(e) accept any appointment in any company, corporation or organization owned or controlled by Federal Government, without the prior permission of the Federal Government; and

(f) make a conceding statement unless so authorized by the Law, Justice and Parliamentary Affairs Division or with the prior approval of the Law, Justice and Parliamentary Affairs Division or the head of the administrative Division or the department concerned in writing.

7. Repeal.—The Ministry of Law, Justice and Parliamentary Affair's Notification No. 11(27)/50-E, dated the 3rd July, 1952 is hereby repealed.

S.R.O. 635(I)/2011.—In exercise of the powers conferred by sub-section (2) of Section 2 of the Central Law Officers Ordinance, 1970 (VII of 1970), the President is pleased to make the following rules, namely:—

1. Short title and commencement.—(1) These rules may be called the Additional Attorney-General, Deputy Attorney-General and Standing Counsel (Terms and Conditions) Rules, 2011.

(2) These rules shall come into force at once except clause (a) of Rule 2 which shall come into force on and from the 1st of July, 2011.

2. Retainership, perks and privileges, etc.—An Additional Attorney General, Deputy Attorney-General and Standing Counsel shall be entitled to the following retainership, perks and privileges namely:—

(a) Additional Attorney-General

An Additional Attorney-General shall be entitled to such retainership, perks and privileges as admissible to a Judge of the High Court specified below:—

(i) Salary Rs. 347,345/-;

(ii) Superior Judicial Allowance Rs. 136,500/-;
and

(iii) House rent if official residence
not provided Rs. 65,000/-.

(iv) chauffeur driven car 1300CC capacity with twenty liters petrol and one hundred and twenty five kilogram CNG as admissible to a BS-21 Officer;

(v) telephone facility, office and residence, as admissible to a BPS 21 Officer.

(iv) traveling and other allowances, where required, in performance of his official duties to leave the place where he normally practices his profession at the rate admissible to a BS-21 Officer.

(b) Deputy Attorney-General

(i) Monthly retainer Rs. 150,000/- all inclusive;

(ii) chauffeur driven car 1300CC capacity with twenty liters petrol and one hundred and twenty five kilogram CNG as admissible to a BS.20 Officer;

(iii) telephone ceilings for office, no limit and residence upto one thousand five hundred rupees per month; and

(iv) traveling and other allowances, where required, in performance of his official duties to leave the place where he normally practices his profession at the rate admissible to a BS-20 Officer.

(c) Standing Counsel

(i) Monthly retainer Rs 100,000/- all inclusive;

(ii) chauffeur driven car 1000CC capacity with twenty liters petrol and one hundred and twenty five kilogram CNG as admissible to a BS-20 Officer;

(iii) telephone ceilings for office, no limit and residence upto one thousand five hundred rupees per month; and

(iv) traveling and other allowances where required in performance of his official duties to leave the place where he normally practices his profession at the rate admissible to a BS-20 Officer.

3. Absence from office.—During the absence, for any reason, the Additional Attorney-General, Deputy Attorney-General or of a Standing Counsel the person appointed to act as Additional Attorney-General, Deputy Attorney-General or (as the case may be) as Standing Counsel shall receive the full emoluments of the office and shall exercise all the powers and perform all the duties of the office.

4. Duties.—(1) It shall be the duty of the Additional Attorney-General, Deputy Attorney-General and Standing Counsel,—

(a) to advise the Federal Government on any legal matter referred to them by the Federal Government and to perform such other duties of legal character as are assigned to them from time to time by the Federal Government;

(b) to appear on behalf of the Federal Government, if it so requires, in all cases, suits, appeals and proceedings before Supreme Court or a High Court, Federal Shariat Court or any Tribunal or Special Court constituted under any law in which the Federal Government is concerned; and

(c) to keep inform Law, Justice and Parliamentary Affairs Division as well as the administrative Ministry/Division/ Department concerned of the progress of the cases assigned to him.

(2) For the performance of duties mentioned in sub-rule (1) the Additional Attorney-General, Deputy Attorney-General and Standing Counsel shall be paid no fee other than the retainership payable under Rule 2.

5. Appearance in Courts etc.—(1) The Federal Government may require the Additional Attorney-General, Deputy Attorney-General and Standing Counsel to appear before Supreme Court, High Court, Federal Shariat Court or before any Tribunal, Commission or Special Court constituted under any law, in any case, suit, appeal or other proceedings in which the Federal Government is concerned.

(2) If the appearance is before any Court at a place other than the place which is his headquarters the Additional Attorney-General shall be paid a fee equal to daily allowance as admissible to a BS-21 and Deputy Attorney-General or Standing Counsel to a BS-20 Officer of the Federal Government.

(3) If appearance under sub-rule (1) requires the Additional Attorney-General, Deputy Attorney-General or Standing Counsel to be absent from his headquarters, the days of his absence, not being days of departure to and return from such appearance shall, for the purpose of sub-rule (2), be added to the days of such appearance.

6. Responsibilities of Additional Attorney-General, Deputy Attorney General and Standing Counsel.—The Additional Attorney-General, Deputy Attorney-General and Standing Counsel shall not,—

(a) advise or hold briefs against the Federal Government;

(b) advise or hold briefs in cases in which he is likely to be called upon to advise, or appear for, the Federal Government;

(d) accept any appointment in any company, corporation or organization owned or controlled by Federal Government, without the prior permission of the Federal Government; and

(e) make a conceding statement unless so authorized by the Law, Justice and Parliamentary Affairs Division or with the prior approval of the Law, Justice and Parliamentary Affairs Division or the head of the administrative Division or the department concerned in writing.

7. Repeal.—The Ministry of Law, Justice and Parliamentary Affair's Notification No. S.R.O. 557(K), dated the 18th May, 1960 is hereby r`epealed.

---------------------------

ORDINANCE NO. V OF 2011

INDUSTRIAL RELATIONS ORDINANCE, 2011

An Ordinance to consolidate and rationalise the law relating to formation of trade unions, and improvement of relations between employers and workmen in the Islamabad Capital Territory and in trans-provincial establishments and industry

[Gazette of Pakistan, Extraordinary, Part-I, 18^th July, 2011]

No. F. 2(1)/2011-Pub.—The following Ordinance Promulgated by the President is hereby published for general information:—

WHEREAS the Constitution of the Islamic Republic of Pakistan recognises the freedom of association as a fundamental right of the citizens;

AND WHEREAS the Islamic Republic of Pakistan has ratified ILO Convention No. 87 on Freedom of Association and Convention No. 98 on Right to Organise and Collective Bargaining;

AND WHEREAS it is expedient to consolidate and rationalise the law in Islamabad Capital Territory and at trans-provincial level, relating to formation of trade unions and federations of trade unions, determining the collective bargaining agents, regulation of relations between employers and workers, the avoidance and settlement of any differences or disputes arising between them or matters connected therewith and ancillary thereto;

AND WHEREAS both the National Assembly and the Senate are not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:—

CHAPTER I
PRELIMINARY

1. Short title, extent, application and commencement.—(1) This Ordinance may be called the Industrial Relations Ordinance, 2011.

(2) Subject to sub-section (3), it extends to the whole of Pakistan.

(3) It shall apply to all persons employed in any establishment or industry, in the Islamabad Capital Territory or carrying on business in more than one province, but shall not apply to any person employed—

(a) in the Police or any of the Defence Services of Pakistan or any services or installations exclusively connected with the Armed Forces of Pakistan including an Ordnance Factory maintained by the Federal Government;

(b) in the administration of the State other than those employed as workmen;

(c) as a member of the Security Staff of the Pakistan International Airlines Corporation or drawing wages in pay group not lower than Group V in the establishment of that Corporation as the Federal Government may, in the public interest or in the interest of security of the Airlines, by notification in the official Gazette, specify in this behalf;

(d) by the Pakistan Security Printing Corporation or the Security Papers Limited; and

(e) by an establishment or institution for the treatment or care of sick, infirm, destitute or mentally unfit persons excluding those run on commercial basis.

(4) It shall come into force at once.

2. Definitions.—In this Ordinance, unless there is anything repugnant in the subject or context,—

(i) "arbitrator" means a person appointed as such under Section 40;

(ii) "award" means the determination by the Commission or Arbitrator of any industrial dispute or any matter relating thereto and includes an interim award;

(iii) "Bench" and Full Bench" mean a Bench and Full Bench of the Commission;

(iv) "collective bargaining agent" in relation to an establishment, group of establishments or industry, means the trade union of the workmen which under Section 19, is the agent of workmen in the establishment or, as the case may be, industry, in the matter of collective bargaining;

(v) "collective bargaining unit" means those workers or class of workers of an employer in one or more establishment falling within the same class of industry whose terms and conditions of employment are, or could appropriately be, the subject of collective bargaining together;

(vi) "Commission" means the Industrial Relations Commission constituted under Section 53;

(vii) "conciliation proceedings" means any proceedings before a conciliator;

(viii) "Conciliator" means a person appointed as such under Section 36;

(ix) "employer" in relation to an establishment, means any person or body of persons, whether incorporated or not, who or which employs workmen in the establishment under a contract of employment and includes—

(a) an heir, successor or assign, as the case may be, of such person or body as aforesaid;

(b) any person responsible for the management and control of the establishment;

(c) in relation to an establishment run by or under the authority of any department of the Federal Government, the authority appointed in this behalf or, where no authority is so appointed, the Head of the department;

(d) in relation to an establishment run by or on behalf of a local authority, the officer appointed in this behalf, or where no officer is so appointed, the chief executive officer of that authority;

Explanation.—For the purpose of distinction from the category of "workers" or "workmen", officers and employees of a department of the Federal Government who belong to the superior, managerial, secretarial, directorial, supervisory or agency staff and who have been notified for this purpose in the official Gazette shall be deemed to fall within the category of "employers"; and

(e) in relation to any other establishment, the proprietor of such establishment and every director, manager, secretary, agent or officer or person concerned with the management of the affairs thereof;

(x) "establishment" means any office, firm, factory, society, undertaking, company, shop or enterprise, which employs workmen directly or through a contractor for the purpose of carrying on any business or industry and includes all its departments and branches in the Islamabad Capital Territory or falling in more than one province, whether situated in the same place or in different places and except in Section 62 includes a collective bargaining unit, if any, constituted by any establishment or group of establishments;

(xi) "executive" means the body, by whatever name called, to which the management of the affairs of a trade union is entrusted by its constitution;

(xii) "Government" means the Federal Government;

(xiii) "Group of establishments" means establishments belonging to the same employer and the same industry;

(xiv) "illegal lock-out" means a lock-out declared, commenced or continues otherwise than in the provisions of this Ordinance;

(xv) "illegal strike" means a strike declared, commenced or continues otherwise than in accordance with the provisions of this Ordinance;

(xvi) "industrial dispute" means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person;

(xvii) "industry" includes any business, trade, calling, employment or occupation for production of goods or provisions of services in the Islamabad Capital Territory and falling in more than province, and excluding those set up exclusively for charitable purposes;

(xviii) "industry-wise trade union" means a trade union having its membership in more than one province in a group of establishments owned by one employer;

(xix) "inspector" means an inspector appointed under this Ordinance;

(xx) "Labour Court" means a Labour Court established in a province;

(xxi) "lock-out" means the closing of place of employment or part of such place, or the suspension, wholly or partly, of work by an employer, or refusal, absolute or conditional, by an employer to continue to employ any number of workmen employed by him, where such closing, suspension or refusal occurs in connection with an industrial dispute or is intended for the purpose of compelling workmen to accept certain terms and conditions of or affecting employment;

(xxii) "officer" in relation to a trade union, means any member of the executive thereof but does not include an auditor or legal adviser;

(xxiii) "organisation" means any organisation of workers or of employers for furthering and defending the interests of workers or of employers;

(xxiv) "prescribed" means prescribed by rules;

(xxv) "public utility service" means any of the services specified in Schedule I;

(xxvi) "registered trade union" means a trade union registered under this Ordinance;

(xxvii) "Registrar" means a Registrar of trade unions appointed under Section 4;

(xxviii) "rules" and "regulations" mean rules and regulations made under this Ordinance;

(xxix) "settlement" means a settlement arrived at in the course of a conciliation proceeding, and includes an agreement between an employer and his workmen where there is no Collective Bargaining Agent, or Collective Bargaining Agent, as the case may be, arrived at or in the course of any conciliation proceedings, where such agreement is in writing, has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to the Government, the Conciliator and such other person as may be prescribed;

(xxx) "strike" means a cessation of work by a body of persons employed in any establishment acting in combination or a concerted refusal, or refusal under a common understanding of any number of persons who have been so employed to continue to work or to accept employment;

(xxxi) "trade union" means any combination of workmen or employers formed primarily for the purpose of regulating the relations between workmen and employers, or workmen and workmen or employers and employers or for imposing restrictive conditions on the conduct of any trade or business, and includes a federation of two or more trade unions;

(xxxii) "trans-provincial" means any establishment, group of establishments, industry, having its branches in more than one province;

(xxxiii) "worker" and "workman" mean person not falling within the definition of employer who is employed (including employment as a supervisor or as an apprentice) in an establishment or industry for hire or reward either directly or through a contractor whether the terms of employment are express or implied, and, for the purpose of any proceedings under this Ordinance in relation to an industrial dispute includes a person who has been dismissed, discharged, retrenched, laid-off or otherwise removed from employment in connection with or as a consequence of that dispute or whose dismissal, discharge, retrenchment, lay-off, or removal has led to that dispute but does not include any person who is employed mainly in managerial or administrative capacity.

CHAPTER II
REGISTRATION OF TRADE UNIONS

3. Trade unions and freedom of association.—Subject to the provisions of this Ordinance and notwithstanding any other law for the time, being in force,—

(a) workers, without distinction whatsoever, shall have the right to establish and, subject to the rules of the organisation concerned, to join international associations of their own choice without previous authorisation:

Provided that in the establishment where women are also employed the Trade Union shall include the women in the executive of the said trade union with the same proportion in which they are employed in the establishment:

Provided further that no worker shall be entitled to be a member of more than one trade union at any one time and on joining another union the earlier membership shall automatically stand cancelled;

(b) employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join international associations of their own choice without previous authorisation;

(c) every trade union and employers association shall frame its own constitution and rules to elect its representatives in full freedom to organise its administration and activities and to formulate its programmes; and

(d) workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations and confederations of workers' and employers' organisations.

4. Registrar of trade unions.—For the purpose of this Ordinance, the Government shall, by notification in the official Gazette, appoint the Registrar of Trade Unions who shall be assisted by one or more Joint Registrars.

5. Powers and functions of Registrar.—The Registrar, and the Joint Registrars, as the case may be, shall have the following powers and functions:—

(a) the registration of trade unions under this Ordinance and the maintenance of a register for the purpose;

(b) to lodge, or authorize any person to lodge, complaints with the Commission for action, including prosecution, against trade unions, employers, workers or other persons for any alleged offence or any unfair labour practice or violation of any provision of the Ordinance or for expending the funds of a trade union in contravention of the provisions of its constitution;

(c) the determination of the question as to which one of the trade unions in an establishment or an industry is entitled to be certified as the collective bargaining agent in relation to that establishment or industry;

(d) to inspect the accounts and record of the registered trade unions, or investigate or hold such inquiry in the affairs of the trade unions as he deems fit either by himself or through any officer subordinate to him and to authorize him in writing in this behalf; and

(e) such other powers and functions as may be prescribed.

6. Application for registration.—Any trade union may, under the signature of its President and the Secretary, apply to the Registrar for registration of the trade union under this Ordinance:

Provided that there shall be at least two trade unions in an establishment.

7. Requirements for application.—Every application for registration of Trade Union shall be made to the Registrar and shall be accompanied by—

(a) a statement showing

(i) the name of the trade union and the address of its head Office;

(ii) date of formation of the union;

(iii) the titles, names, ages, addresses and occupations of the officers of the trade union;

(iv) statement of total paid membership;

(v) the name of the establishment or group of establishments, or the industry, as the case may be, to which the trade union relates along with a statement of the total number of workers employed therein;

(vi) the names and addresses of the registered trade unions in the establishment group of establishments or industry, as the case may be, to which the union relates; and

(vii) in case of a federation of trade unions, the names, addresses and registration number of member-unions;

(b) three copies of the constitution of the trade union together with a copy of the resolution by the members of the trade union adopting such constitution bearing the signature of the Chairman of the meeting;

(c) a copy of the resolution by the members of the trade union authorizing its President and the Secretary to apply for its registration; and

(d) in case of a federation of trade unions, a copy of the resolution from each of the constituent unions agreeing to become a member of the federation.

8. Requirements for registration.—(1) A trade union shall not be entitled to registration under this Ordinance unless the constitution thereof provides for the following matters, namely:—

(a) the name and address of the trade union;

(b) the objects for which the trade union has been formed;

(d) the number of persons forming the executive which shall not exceed the prescribed limit and shall include not less than seventy five percent from amongst the workmen actually engaged or employed in the establishment or establishments or the industry for which the trade union has been formed:

Provided that the condition of being employed in any establishment or an industry as aforesaid shall not apply to the remaining twenty-five percent of the members of such executives;

(e) the conditions under which a member shall be entitled to any benefit assured by the constitution of the trade union and under which any fine or forfeiture may be imposed on him;

(f) the maintenance of a list of the members of the trade union and of adequate facilities for the inspection thereof by the officers and members of the trade union;

(g) the manner in which the constitution shall be amended, varied or rescinded;

(h) the safe custody of the funds of the trade union, its annual audit, the manner of audit and adequate facilities for inspection of the account books by the officers and members of the trade union;

(i) the manner in which the trade union may be dissolved;

(j) the manner of election of officers by the general body of the trade union and the term, not exceeding two years, for which an officer may hold office upon his election or re-election;

(k) the procedure for expressing no confidence in any officer of the trade union; and

(l) the meeting of the executive and of the general body of the trade union so that the executive shall meet at least once in every three months and the general body at least once a year.

(2) Without prejudice to the provisions of sub-section (1), a trade union of workmen shall not be entitled to registration under this Ordinance —

(a) unless all its members are workmen actually engaged or employed in the industry with which the trade union is connected;

Explanation.—For the purpose of this clause, a dismissed, terminated or retrenched worker, whose dismissal, termination or retrenchment is pending adjudication before a Court of competent jurisdiction, shall be deemed to be an employed worker of that establishment, and

(b) where there are two or more registered trade unions in the establishment, group of establishments or industry with which the trade union is connected, unless it has as its members not less than one-fifth of the total number of workmen employed in such establishment, group of establishments or industry, as the case may be.

9. Registration.—(1) On receipt of application for registration, the Registrar shall ensure compliance of Sections 7 and 8 of this Ordinance, and issue the registration certificate in the prescribed form within seven days.

(2) In case the application has been rejected or a certificate of registration has not been issued within a period of seven days as provided in sub-section (1), as the case may be, the trade union may appeal to the Commission who, for reasons to be stated in its judgment, may pass an order directing the Registrar to register the trade union and to issue a certificate of registration or may dismiss the appeal.

(3) Notwithstanding anything contained in any other provision of this Ordinance, every alteration made in the constitution of a registered trade union and every change of its officers shall be notified by registered post by the trade union to the Registrar within fifteen days of such change.

(4) The Registrar may refuse to register such change or alteration if it is in contravention of any of the provisions of this Ordinance, or if it is in violation of the constitution of the trade union.

(5) Subject to the provision of sub-section (4), every inclusion or exclusion of any constituent unit of a federation of trade unions shall be notified by registered post by the federation to the Registrar within fifteen days of such inclusion or exclusion.

(6) In case there is a dispute in relation to the change of officers of a trade union, or any trade union is aggrieved by the refusal of the Registrar under sub-section (4), the Registrar may, after satisfying himself that a dispute exists, hold fresh elections under his supervision.

10. Certificate of registration.—The Registrar, on registering a trade union under Section 9, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the trade union has been duly registered under this Ordinance.

11. Cancellation of registration.—(1) Subject to other provisions of this section, the registration of a trade union may be cancelled by the Registrar if the trade union has—

(a) contravened or has been registered in contravention of any of the provisions of this Ordinance or the rules;

(b) applied for such cancellation or ceased to exist;

(d) obtained less than ten percent of total votes polled in an election for determination of a Collective Bargaining Agent, or is not a contestant in such election;

(e) failed to submit its annual returns to the Registrar as required under this Ordinance or the rules;

(f) contravened any of the provisions of its constitution; or

(g) made in its constitution any provision which is inconsistent with this Ordinance or the rules.

(2) Where the Registrar is of opinion that the registration of a trade union should be cancelled, he shall submit an application to the Commission praying for permission to cancel such registration.

(3) The Registrar shall cancel the registration of a trade union within seven days from the date of receipt of permission from the Commission.

(4) The registration of a trade union shall not be cancelled on the ground mentioned in clause (d) of sub-section (1) if the unfair labour practice is not committed within three months prior to the date of submission of the application to the Commission.

(5) Where any person who is disqualified under Section 18 from being member or elected as, or from being an officer of a trade union is elected as an officer of a registered trade union, the registration of that trade union shall be cancelled if the Commission, upon a complaint in writing made in this behalf by the Registrar, so directs.

(6) The registration of a trade union shall be cancelled by the Registrar if, after holding such inquiry as he deems fit, he finds that such trade union has dissolved itself or has ceased to exist.

12. Appeal against the order/decisions etc. of Registrar.—A trade union, its members or an officer may prefer an appeal against the order, decision and proceeding conducted by the Registrar within thirty days before the Commission.

13. Incorporation of registered trade union.—(1) Every registered trade union shall be a body corporate by the name under which it is registered, shall have perpetual succession and a common seal and the power to contract and to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue or be sued.

(2) The Societies Registration Act, 1860 (XXIV of 1860), the Cooperative Societies Act, 1925 (W.P. Act VII of 1925) and the Companies Ordinance, 1984 (XLVII of 1984), shall not apply to any registered trade union and the registration of any trade union under any of these Acts shall be void.

14. Registration of federation of trade unions.—(1) Any two or more registered trade unions may, if their respective general bodies so resolve, constitute a federation by executing an instrument of federation whereas any four or more registered trade unions, (from any two or more provinces) may constitute a federation or confederation and apply to the Registrar for the registration of the federation:

Provided that a trade union of workmen shall not join a federation which comprises a trade union of employers; nor shall a trade union of employers join a federation which comprises a trade union of workmen.

(2) An instrument of federation referred to in sub-section (1) shall, among other things, provide for the procedures to be followed by the federated trade unions and the rights and responsibilities of the federation and the federated trade union.

(3) An application for the registration of a federation of trade unions shall be signed by the Presidents of all the trade unions constituting the federation or by the officers of these trade unions respectively authorized by the trade unions in this behalf and shall be accompanied by three copies of the instrument of federation referred to in sub-section (1).

(4) No trade union federation or confederation shall be formed and registered having same, similar on identical name.

(5) Subject to sub-sections (1), (2), (3) and (4), the provisions of the Ordinance shall, so far as may be and with the necessary modifications, apply to a federation of trade unions as they apply to a trade union.

15. Registered trade union to maintain register, etc.—Every registered trade union shall maintain in such form as may be prescribed—

(a) a register of members showing particulars of subscriptions paid by each member;

(b) an accounts book showing receipts and expenditure; and

16. Returns.—(1) There shall be sent annually to the Registrar, on or before such date as may be prescribed a general statement, audited in the prescribed manner, of all receipts and expenditure of every registered trade union during the year ending on the 31st day of December, next preceding such prescribed date, and of the assets and liabilities of the trade union existing on such 31st day of December, as may be prescribed.

(2) Together with the general statement there shall be sent to the Registrar a statement showing all changes of officers made by the trade union during the year to which the general statement refers, together also with statement of the total paid membership and a copy of the constitution of the trade union corrected up to the date of the dispatch thereof to the Registrar.

(3) A copy of every alteration made in the constitution of a registered trade union and of a resolution of the general body having the effect of a provision of the constitution, shall be sent to the Registrar within fifteen days of the making of the alteration or adoption of the resolution.

(4) In case the registered trade union is member of a federation, the name of the federation shall be given in the annual statement.

(5) The Registrar shall audit the return and issue a certificate of acceptance. In case the statement of expenditure is found incorrect, he will submit a complaint before the Commission for initiation of cancellation proceedings of the union.

17. Transfer, etc., of officer of trade union during pendency of application for registration.—Save with the prior permission of the Registrar, no officer or member of a trade union of workmen shall be transferred, discharged, dismissed or otherwise punished during the pendency of an application for registration of the trade union with the Registrar, provided that the union has notified the names of its officers and members to the employer in writing.

18. Disqualification for being an officer or a member of a trade union.—Notwithstanding anything contained in the constitution or rules of a trade union, a person who has been convicted and sentenced to imprisonment for two years or more or in an offence involving moral turpitude under the Pakistan Penal Code (Act XLV of 1860) shall be disqualified from being elected as, or from being, an officer of a trade union, unless a period of five years has elapsed after the completion of the sentence.

CHAPTER III
COLLECTIVE BARGAINING AGENT

19. Collective bargaining agent.—(1) Where there is only one registered trade union in an establishment or a group of establishments, that trade union shall if it has as its members not less than one-third of the total number of workmen employed in such establishment or group of establishments, upon an application made in this behalf be certified by the Registrar in the prescribed manner to be the collective bargaining agent for such establishment or group of establishments.

(2) Where there are more registered trade unions than one in an establishment or a group of establishments, the Registrar shall upon an application made in this behalf by any registered trade union of an establishment or group of establishments, hold within fifteen days from the making of the application, a secret ballot to determine as to which one of such trade unions shall be the collective bargaining agent for the establishment or group:

Provided that the Registrar may, in the case of a large establishment having its branches in more than one town, hold the secret ballot within thirty days from the making of the application:

Provided further that the Registrar shall not entertain any application under this sub-section in respect of an establishment or group of establishments, consisting of, or including, a seasonal factory within the meaning of Section 4 of the Factories Act, 1934 (XXV of 1934), unless such application is made during the month in which the number of workmen employed in such factory in a year is usually the maximum.

(3) Upon receipt of an application under sub-section (2), the Registrar shall, by notice in writing call upon every registered trade union in the establishment or group of establishments to which the application relates;

(a) to indicate whether it desires to be a contestant in the secret ballot to be held for determining the collective bargaining agent in relation to such establishment or group; and

(b) if it so desires, to submit to him within the time specified in the notice a list of its members showing, in respect of each member, his parentage, age, the section or department and the place in which he is employed, his ticket number and the date of his becoming a member and if union is a federation of trade unions, a list of its affiliated trade unions together with a list of members of each such trade union showing in respect of each such member the said particulars.

(4) Every employer shall—

(a) on being so required by the Registrar, submit a list of all workmen employed in the establishment excluding those whose period of employment in the establishment is less than three months and showing, in respect of each workman, his parentage, age, the Section or department and the place in which he is employed, his ticket number and the date of his employment in the establishment; and

(b) provide such facilities for verification of the lists submitted by him and the trade unions as the Registrar may require:

Provided that, in computing the period of three months referred to in clause (a) in the case of a workman employed in a seasonal factory within the meaning of Section 4 of the Factories Act, 1934 (XXV of 1934), the period during which he was employed in that factory during the preceding season shall also be taken into account.

(5) The Registrar shall, after verification of the lists submitted by the trade unions, prepare a list of voters in which shall be included the name of every workman whose period of employment as computed in accordance with sub-section (4), is not less than three months and who is a member of any of the contesting trade unions and shall, at least four days prior to the date fixed for the poll, send to each of the contesting trade unions a certified copy of the list of voters so prepared.

(6) Every workman who is a member of any of the contesting trade unions and whose name appears in the list of voters prepared under sub-section (5) shall be entitled to vote at the poll to determine the collective bargaining agent.

(7) Every employer shall provide all such facilities in his establishment as may be required by the Registrar for the conduct of the poll, including actual expenditures of the poll, but shall not interfere with, or in any way influence, the voting.

(8) No person shall canvass for vote within a radius of fifty metres of the polling station.

(9) For the purpose of holding secret ballot to determine the collective bargaining agent, the Registrar shall—

(a) fix the date for the poll and intimate the same to each of the contesting trade unions and also to every employer;

(b) on the date fixed for the poll so placed in the polling station set up for the purpose the ballot boxes which shall be sealed in the presence of the representatives of the contesting trade unions as to receive the ballot papers;

(c) conduct the poll at the polling station at which the representatives of the contesting trade unions shall have the right to be present;

(d) after the conclusion of the poll and in the presence of such of the representatives of the contesting trade unions as may be present, open the ballot boxes and count the votes; and

(e) after the conclusion of the count, certify the trade union which has received the highest number of votes to be the collective bargaining agent:

Provided that no trade union shall be certified to be the collective bargaining agent for an establishment or group of establishments unless the number of votes received by it is not less than one-third of the total number of votes of workmen mentioned in the voters' list employed in such establishment or group of establishments:

Provided further that, if no trade union secures such number of votes in the first poll, a second poll shall be held between the trade unions which secure the two highest numbers of votes in the first poll and the trade union which secures a majority of the votes cast at the second poll shall be certified in the prescribed manner to be the collective bargaining agent:

Provided also that, if the number of votes secured by two or more trade unions securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of the votes cast at such further poll.

(10) If no trade union indicates under clause (a) of sub-section (3) that it desires to be a contestant in the secret ballot, the Registrar shall certify the trade union which has made the application under sub-section (2) to be the collective bargaining agent for a period of two years.

(11) Where a registered trade union has been certified under clause (e) of sub-section (9) and sub-section (10) to be the collective bargaining agent for an establishment or group of establishments, no application for the determination of the collective bargaining agent for such establishment or group shall be entertained within a period of two years from the date of such certification except where the registration of such a registered trade union is cancelled before the expiration of the period:

Provided that for the trade unions having membership of more than five thousand and presence in more than one province, the period of two years will be enhanced to three years.

(12) The Registrar may authorise in writing an officer to perform all or any of his functions under this section.

(13) After an application under sub-section (2) is made to the Registrar, no employer shall transfer, remove, retrench or terminate any worker who is officer of any contestant trade union save with the permission of the Registrar.

20. Functions of the Collective Bargaining Agent.—(1) The collective bargaining agent in relation to an establishment or group of establishments shall be entitled to—

(a) undertake collective bargaining with the employer or employers on matters connected with employment, non- employment, the term of employment or the conditions of work other than matters which relate to the enforcement of any right guaranteed or secured to it or any workman by or under any law, other than this Ordinance, or any award or settlement;

(b) represent all or any of the workmen in any matter or judicial proceedings under this Ordinance;

(d) nominate representatives of workmen on the Board of Trustees of any welfare institutions or Provident Funds and of the Workers Participation Fund established under the Companies Profits (Workers Participation) Act, 1968 (XII of 1968).

(2) A collective bargaining agent may, without prejudice to its own position, implead as a party to any proceedings under this Ordinance to which it is itself a party or any federation of trade unions of which it is a member.

21. Performance of functions pending ascertainment of collective bargaining agent.—Any act or function which is by this Ordinance required to be performed by or has been conferred upon a collective bargaining agent may, until a collective bargaining agent has been certified under the provisions of this Ordinance, be performed by a registered trade union which has been recognised by the employer or employers.

22. Check off.—(1) If a collective bargaining agent so requests, the employer shall deduct from the wages of the workmen such amounts towards their subscription to the funds of the trade union as may be specified by each individual workman named in the demand statement furnished by the trade union.

(2) An employer making any deductions under sub-section (1) shall, within fifteen days of the end of the period for which the deduction have been made, deposit the entire amount so deducted by him in the account of the trade union on whose behalf he has made the deductions.

(3) A collective bargaining agent shall maintain with a branch of the National Bank of Pakistan, or with a scheduled bank with "AAA" credit-rating recognised by the State Bank of Pakistan, or with a Post Office Savings Bank an account to which shall be credited the entire amount deducted by the employer under sub-section (1) from the wages of the members of the trade union.

(4) The employer shall provide facilities to the collective bargaining agent for ascertaining whether deductions from the wages of its members are being made under sub-section (1).

CHAPTER IV
WORKERS' PARTICIPATION

23. Shop steward.—(1) In every factory/establishment in which twenty-five or more workmen are employed, shop stewards, from amongst the workmen in a shop, Section or department of the factory/establishment, shall,—

(a) where there is a collective bargaining agent in the factory/establishment, be nominated by it, or

(b) where there is no collective bargaining agent in the factory/ establishment, be elected at a secret ballot held in the prescribed manner.

(2) The employer shall provide all such facilities in his factory/establishment as may be required for the holding of a ballot under sub-section (l) but shall not interfere with, or in any way influence, the voting.

(3) A shop steward shall hold office for a period of one year from the date of his election or nomination as the case may be.

(4) Any dispute arising out of, or in connection with, the election of a shop steward shall be referred to the Registrar whose decision shall be final and binding on all parties to the dispute.

24. Functions of Shop Steward.—The shop steward shall act as a link between the workers and the employer, assist in the improvement of arrangements for the physical working conditions and production work in the shop section or department for which he is elected and help workers in the settlement of their problems either connected with work or with any such individual grievance of a workman as is referred to in sub-section (1) of Section 33.

25. Works Council.—(1) In every factory/establishment in which fifty or more workmen are employed or were employed on any day in the preceding twelve months, the employer shall constitute, in the prescribed manner, a work council consisting of representatives of the employer and the workmen in such a manner that the number of the representatives of the workmen is not less than the number of the representatives of the employer in the works council.

(2) In the case of any factory/establishment where there are one or more trade unions, the collective bargaining agent shall nominate the representatives of the workmen on such Works Council:

Provided that if there is no collective bargaining agent, representatives of workmen on Works Council shall be chosen in the prescribed manner from amongst the workmen engaged in the factory/establishment for which the Works Council is constituted.

26. Functions of Works Council.—The functions of Works Council shall be to promote measure for securing and preserving good relation between an employer and his workmen and, in particular:-

(a) To endeavour to maintain continuous sympathy and understanding between the employer and the workmen:

(b) To promote settlement of differences and disputes through bilateral negotiations;

(c) To promote security of employment for the workmen and conditions of safety, health and job satisfaction in their work;

(d) To take measures of facilitating good and harmonious working condition in the factory/establishment; to provide vocational training and educational facilities for children of workmen in secretarial and accounting procedures and to promote their absorption in these departments of the factory/establishment; and

(e) To discuss any other matter of mutual interest with a view to promoting better labour-management relations.

27. Workers' Participation in Management.—(1) In every factory/ establishment employing fifty persons of more there shall be elected or nominated workers' representatives to participate to the extent of fifty per cent in the management of the factory/establishment:

Provided that there shall be elected or nominated at least one worker's representative to participate in the management of such factory/establishment:

Provided further that, for the purpose of determining the number of workers representatives in the management of the factory/ establishment, fractions equal to, or greater than one half shall be regarded as one and lesser fractions shall be ignored.

(2) The workers' representatives shall be workmen employed in the same factory/establishment and shall,—

(a) where there is a collective bargaining agent in the factory/establishment, be nominated by it, or

(b) where there is no collective bargaining agent in the factory/establishment, be elected by simple majority at a secret ballot by all workmen employed in the factory/establishment.

(3) The workers' representative shall hold office for a period of two years from the date of their election of their election or nomination, as the case may be.

(4) The workers' representatives shall participate in all the meetings of the management committee constituted in the prescribed manner and all matters relating to the management of the factory/establishment, except commercial and financial transaction, may be discussed in such meetings.

(5) The management shall not take any decision in the following matters without the advice in writing, of the workers' representative, namely—

(a) framing of services rules and policy about promotion and discipline of workers;

(b) changing physical working conditions in the factory/establishment;

(d) recreation and welfare of workers;

(e) regulation of daily working hours and breaks;

(f) preparation of leave schedule; and

(g) matters relating to the order and conduct of workers within the factory/establishment.

(6) The workers' representatives may on their own initiative give advice in writing concerning the matters specified in sub-section (5) and, where they do so, the management shall convene a meeting within two weeks of the receipt of the advice to discuss its merits with them.

(7) The management shall give reply to the workers' representative within two weeks of the receipt of their advice given under sub-section (5) or sub-section (6) and any such advice shall not be rejected except by the person holding the highest position in the management of the factory/establishment.

(8) In case the advice of the workers' representatives is rejected by the management of the factory/establishment, the matter may, within fifteen days of the advice being so rejected, be taken up by the collective bargaining agent in the Works Council for bilateral negotiations and thereupon the provisions of Section 35 shall apply as they apply to the settlement of an industrial dispute in relation to which the views of the employer or the collective bargaining agent have been communicated to the Works Council under sub-section (1) of the section.

28. Joint Management Board.—(1) Every company which owns or manages an factory/establishment, and in every factory/establishment which is not so owned or managed, and which employs fifty persons or more, the management shall, in the prescribed manner set up a joint management board in which the workers' participation shall be to the extent of thirty per cent.

(2) The employer's representatives on the joint management board shall be from amongst the Directors or senior executives and the workers' representatives shall be workmen employee in the factory/establishment.

(3) The joint management board shall look after the following matters, namely:—

(a) improvement in production, productivity and efficiency;

(b) fixation of job and piece-rates;

(d) laying down the principles of remuneration and introduction of new remuneration methods; and

(e) provision of minimum facilities for such of the workers employed through contractors as are not covered by the laws relating to welfare of workers.

(4) The joint management board may call for reasonable information about the working of the company or factory /establishment from its management and the management shall supply the information called for.

(5) The joint management board shall meet at such intervals as may be prescribed.

(6) The workers' representative shall hold office for such period as may be prescribed.

(7) In this section,—

(a) "company" has the same meaning as in the Companies Ordinance, 1984 (XLVII of 1984); and

(b) “management" means the employer.

(8) In the case of an factory/establishment where there are one or more trade unions, the collective bargaining agent shall nominate the representatives of the workmen on such join management board:

Provided that where there is no collective bargaining agent, representatives of workmen on the join management board shall be chosen in the prescribed manner from amongst the workmen engaged in the factory/establishment for which the joint management board is constituted.

29. Inspector.—The inspectors appointed under Section 10 of the Factories Act, 1934 (XXV of 1934) and such other persons, not being Conciliators appointed under this Ordinance, as the Government may, by notification in the official Gazette appoint, shall be inspectors for ensuring compliance with the provisions of this Ordinance within the local limits assigned to each.

30. Functions of the Inspector.—(1) The inspector may—

(a) at all reasonable hours enter any premises and make such examination of any register and document relating to the provisions of Section 27 and Section 28 and take on the spot or otherwise such evidence of any person, and exercise such other powers of inspection, as he may deem necessary for discharging his duty;

(b) call for such information from the management as he may deem necessary for the discharge of his functions and the mmagement shall provide the information called for within such period as may be specified by him; and

(2) Every Inspector shall be deemed to be a public servant within the meaning of Section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).

CHAPTER V
UNFAIR LABOUR PRACTICES

31. Unfair labour practices on the part of employers.—(1) No employer or trade union of employers and no person acting on behalf of either shall—

(a) impose any condition in a contract of employment seeking to restrain the right of a person who is a party to such contract to join a trade union or continue his membership of a trade union;

(b) refuse to employ or refuse to continue to employ any person on the ground that such person is, or is not a member or officer of a trade union;

(c) discriminate against any person in regard to any employment, promotion, condition of employment or working condition on the ground that such person is, or is not, a member or officer of a trade union;

(d) dismiss, discharge, remove from employment or transfer or threaten to dismiss, discharge or remove from employment or transfer a workman or injure or threaten to injure him in respect of his employment by reason that the workman;

(i) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union; or

(ii) participates in the promotion, formation or activities of a trade union;

(e) induce any person to refrain from becoming, or to cease to be a member or officer of a trade union, by conferring or offering to confer any advantage on, or by procuring or offering to procure any advantage for such person or any other person;

(f) compel or attempt to compel any officer of the collective bargaining agent to arrive at a settlement by using intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of water, power and telephone facilities and such other methods;

(g) interfere with or in any way influence the balloting for the determination of the Collective Bargaining Agent;

(h) recruit any new workman during the period of a notice of strike under Section 41 or during the currency of a strike which is not illegal except where the Conciliator having been satisfied that complete cessation of work is likely to cause serious damage to the machinery or installation, has permitted temporary employment of a limited number of workmen in the section where the damage is likely to occur;

(i) close down the whole of the establishment in contravention of Standing Order 11-A of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (W.P. Ord. VI of 1968); or

(j) Commence, continue, instigate or incite others to take part in, or expend or supply money or otherwise act in furtherance or support of, an illegal lockout.

(2) Nothing in sub-section (1) shall be deemed to preclude an employer from requiring that a person upon his appointment or promotion to managerial position shall cease to be, and shall be disqualified from being, a member or officer of a trade union of workmen.

32. Unfair labour practices on the part of a workmen.—(1) No workmen or other person or trade union of workmen shall—

(a) persuade a workman to join or refrain from joining a trade union during working hours; or

(b) intimidate any person to become, or refrain from becoming, or to continue to be or to cease to be a member or officer of a track union; or

(c) induce any person to refrain from becoming, or cease to be a member or officer of a trade union, by intimidating or conferring or offering to confer any advantage on, or by procuring or offering to procure any advantage for such person or any other person; or

(d) compel or attempt to compel the employer to accept any demand by using intimidation, coercion, pressure threat, confinement to, or ouster from, a place, dispossession, assault, physical injury, disconnection of telephone, water or power facilities or such other methods; or

(e) commence, continue, instigate or incite others to take part in, or expend or supply money or otherwise act in furtherance or support of, an illegal strike or a go-slow; or

Explanation.—In clause (e) the expression 'go-slow' means an organized, deliberate and purposeful slowing down of normal output, or the deterioration of the normal quality of work by a body of workmen acting in a concerted manner, but does not include the slowing down of normal output, or the deterioration of the normal quality of work which is due to mechanical defect, breakdown of machinery, failure or defect in power supply or in the supply of normal materials and spare parts of machinery.

(2) It shall be an unfair practice for a trade union to interfere with a ballot held under Section 19 by the exercise of undue influence, intimidation, impersonation or bribery through its executive or through any person acting on its behalf.

CHAPTER VI
SETTLEMENT OF DISPUTES

33. Redress of individual grievances.—(1) A worker may bring his grievance in respect of any right guaranteed or secured to him by or under any law or any award or settlement for the time being in force to the notice of his employer in writing, either himself or through his shop steward or collective bargaining agent within ninety days of the day on which the cause of such grievance arises.

(2) Where a worker himself brings his grievance to the notice of the employer, the employer shall, within fifteen days of the grievance being brought to his notice, communicate his decision in writing to the worker.

(3) Where a worker brings his grievance to the notice of his employer through his shop steward or collective bargaining agent, the employer shall, within seven days of the grievance being brought to his notice, communicate his decision in writing to the shop steward or as the case may be the collective bargaining agent.

(4) If the employer fails to communicate a decision within the period specified in sub-section (2) or, as the case may be sub-section (3), or if the worker is dissatisfied with such decision, the worker or the shop steward may take the matter to his collective bargaining agent or to the Commission or, as the case may be, the collective bargaining agent may take the matter to the Commission, and where the matter is taken to the Commission, it shall give a decision within seven days from the date of the matter being brought before it as if such matter were an industrial dispute:

Provided that a worker who desires to so take the matter to the Commission shall do so within a period of sixty days from the date of the communication of the employer or, as the case may be, from the expiry of the period mentioned in sub-section (2), or sub-section (3), as the case may be.

(5) In adjudicating and determining a grievance under sub-section (4), the Commission shall go into all the facts of the case and pass such orders as may be just and proper in the circumstances of the case.

(6) If a decision under sub-section (4) or an order under sub-section (5) given by the Commission or a decision in an appeal against such a decision or order is not given effect to or complied with within seven days or within the period specified in such order or decision, the defaulter shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to seventy-five thousand rupees, or with both.

(7) No person shall be prosecuted under sub-section (6) except on a complaint in writing—

(a) by the workman if the order or decision in his favour is not implemented within the period specified therein; or

(b) by the Commission if an order or decision thereof is not complied with.

(8) For the purposes of this section, workers having common grievance arising out of a common cause of action may make a joint application to the Commission.

(9) Any collective bargaining agent or any employer may apply to the Commission for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement.

(10) There shall be a Tripartite Council for review of grievances of workers in the Islamabad Capital Territory comprising not less than three members each of the workers, employers and the Government:

Provided that the representatives of the workers and the employers shall be nominated by the Government after consultation with registered trade unions and employers' organisations to be notified in the Official Gazette.

34. Raising of industrial disputes.—(1) No industrial dispute shall be deemed to exist unless it has been raised in the prescribed manner by a collective bargaining agent or an employer;

(2) Notwithstanding anything contained in this Ordinance, a federation of trade unions or federation may, if it is a collective bargaining agent, raise an industrial dispute affecting all employers or workers of the establishments represented by that federation and a decision of the Commission shall be binding on all such employers and workers.

(3) No collective bargaining agent shall, at any time when a decision of the Commission in respect of any matter is effective, be entitled to raise a demand relating to that matter.

35. Negotiations relating to differences and disputes.—(1) If at any time an employer or a collective bargaining agent finds that an industrial dispute has arisen or is likely to arise, the employer or, as the case may be, the collective bargaining agent, may communicate his or its views in writing either to the Works Council or to the other party and where the views are so communicated to the Works Council, a copy of the communication shall also be sent to the other party.

(2) On receipt of the communication under sub-section (1) the Works Council or the party receiving it shall try to settle the dispute by bilateral negotiations within ten days of receipt of the communication or within such further period as may be agreed upon by the parties and, if the parties reach a settlement, a memorandum of settlement shall be recorded in writing and signed by both the parties and a copy thereof shall be forwarded to the Conciliator and the authorities mentioned in clause (xxx) of Section 2.

(3) Where a settlement is not reached between the employer and the collective bargaining agent or. if the views of the employer or collective bargaining agent have been communicated under sub-section (1) to the Works Council, there is a failure of bilateral negotiations in the Works Council, the employer or the collective bargaining agent may, within seven days from the end of the period referred to in sub-section (2), Serve on the other party to the dispute a notice of lock-out or strike, as the case may be, in accordance with the provisions of this Ordinance.

36. Conciliator.—The Commission may, appoint as many persons as it considers necessary to act as Conciliators under this Ordinance.

37. Conciliation after notice of strike or lock-out.—Where a party to an industrial dispute serves a notice of strike or lock-out under sub-section (3) of Section 35, it shall, simultaneously with the service of such notice, deliver a copy thereof to the Conciliator and to the Commission.

38. Proceedings before Conciliator.—(1) The Conciliator shall within fifteen days call a meeting of the parties to the dispute for the purpose of bringing about a settlement.

(2) The parties to the dispute shall be represented before the Conciliator by persons nominated by them and authorised to negotiate and enter into an agreement binding on the parties:

Provided that if, in the opinion of the Conciliator, the presence of the employer or any officer of the trade union connected with the dispute is necessary in a meeting called by him, he shall give notice in writing requiring the employer or such officer to appear in person before him at the place, date and time, specified in the notice and it shall be the duty of the employer or the officer of the trade union to comply with the notice.

(3) The Conciliator shall perform such functions in relation to a dispute before him as may be prescribed and may, in particular, suggest to either party to the dispute such concessions or modifications in its demand as are in the opinion of the Conciliator likely to promote an amicable settlement of the dispute.

(4) If a settlement of the dispute or of any matter in dispute is arrived at in the course of the proceedings before him, the Conciliator shall send a report thereof to the Commission together with a memorandum of settlement signed by the parties to the dispute.

(5) If no settlement is arrived at within the period of the notice of strike or look-out, the conciliation proceedings may be continued for such further period as may be agreed upon by the parties.

39. Commencement and conclusion of proceedings.—(1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out is received by the Conciliator under sub-section (3) of Section 35.

(2) A conciliation proceeding shall be deemed to have concluded:--

(a) where a settlement is arrived at, on the date on which a memorandum of settlement is signed by the parties to the dispute; and

(b) where no settlement is arrived at—

(i) if the dispute is referred to an arbitrator under Section 40 on the date on which the arbitrator has given his award or otherwise; or

(ii) on the date on which the period of the notice of strike or lock-out expires.

(3) Proceedings before the Commission shall be deemed to have commenced—

(a) in relation to an industrial dispute, on the date on which an application has been made under Section 42 or Section 60, or on the date on which it is referred to the Commission by the Federal Government under Section 42 or Section 45; and

(b) in relation to any other matter, on the date on which it is referred to the Commission.

(4) Proceedings before the Commission in relation to a dispute referred to it under Section 42 or Section 45 or to a dispute raised under sub-section (2) Section 34, shall be deemed to have commenced on the date on which the reference is made to it or, as the case may be, the dispute is raised before it.

(5) Proceedings before the Commission shall be deemed to have concluded on the date on which the decision is delivered under sub-section (5) of Section 42.

40. Arbitration.—(1) If the conciliation fails, the Conciliator shall try to persuade the parties to agree to refer the dispute to an arbitrator. In case the parties agree, they shall make a joint request in writing for reference of the dispute to an arbitrator agreed upon by them.

(2) The arbitrator to whom a dispute is referred under sub-section (1) may be a person borne on a panel to be maintained by the Commission or any other person agreed upon by the parties.

(3) The arbitrator shall give his award within a period of thirty days from the date on which the dispute is referred to him under sub-section (1) or such further period as may be agreed upon by the parties to the dispute.

(4) After he has made an award, the arbitrator shall forward a copy thereof to the parties and to the Government for publication in the official Gazette.

(5) The award of the arbitrator shall be final and no appeal shall lie against it.

(6) The award shall be valid for a period not exceeding two years, as may be fixed by the arbitrator.

CHAPTER VII
STRIKES AND LOCKOUT

41. Notice of strike or lock-out.—The period of a notice of lock-out or strike given under sub-section (3) of Section 35 shall, be fourteen days.

42. Strike and lock-out.—(1) If no settlement is arrived at during the course of conciliation proceedings and the parties to the dispute do not agree to refer it to an arbitrator under Section 40, the workmen may go on strike or, as the case may be, the employer may declare a lock-out, on the expiration of the period of the notice under Section 41 or upon a declaration by the Conciliator that the conciliation proceedings have failed, whichever is the later.

(2) The party raising a dispute may at any time either before or after the commencement of a strike or lock-out make an application to the Commission for adjudication of the dispute.

(3) Where a strike or lock-out lasts for more than thirty days, the Government, may by order in writing, prohibit the strike or lock-out:

Provided that the Government may, with respect to any other strike or lock-out relating to a dispute which the Commission is competent to adjudicate and determine, by order in writing, prohibit a strike or lock-out at any time before the expiry of thirty days, if it is satisfied that the continuance of such a strike or lock-out is causing serious hardship to the community or is prejudicial to the national interest.

(4) In any case in which the Government prohibits a strike or lock-out, it shall forthwith refer the dispute to the Commission.

(5) The Commission shall, after giving both the parties to the dispute an opportunity of being heard, make such order as it deems fit as expeditiously as possible but not exceeding thirty days from the date on which the dispute referred to it:

Provided that the Commission may also make an interim order on any matter in dispute:

Provided further that any delay by the Commission in making an order shall not affect the validity of any order made by it.

(6) An award of the Commission shall be for such period as may be specified in the award which shall not be more than two years.

43. Illegal strikes and lock-out.—(1) A strike or lock-out shall be illegal if—

(a) it is declared, commenced or continued without giving to the other party to the dispute, in the prescribed manner, a notice of strike or lock-out or before the date of strike or lock-out specified in such notice, or in contravention of Section 46;

(b) it is declared, commenced or continued in consequence of an industrial dispute raised in a manner other than that provided in Section 34;

(c) it is continued in contravention of an order made under Section 42, Section 45, or Section 61 or sub-section (6) of Section 44; or

(d) it is declared, commenced or continued during the period in which a settlement or award is in operation in respect of any of the matters covered by a settlement or award.

(2) A lock-out declared in consequence of an illegal strike and a strike declared in consequence of an illegal lockout shall not be deemed to be illegal.

44. Procedure in cases of illegal strikes or lock-out.—(1) Notwithstanding anything contained in any other provision of this Ordinance or in any other law for the time being in force, an Officer of the Commission not below the rank of Deputy Registrar, hereinafter in this section referred to as the Officer, may be assigned by the Commission the duty to make enquiries in such manner as he may deem fit into an illegal strike or illegal lock-out in an establishment and make a report to the Commission.

(2) The officer may, for the purpose of enquiry under sub-section (1), enter with such assistance by the persons in the service of Pakistan, as he thinks fit, in an establishment, where he has reason to believe an illegal strike or lock-out to be in progress, and make such examination of the premises and plant and of any registers maintained therein and take on the spot or otherwise such evidence of persons and exercise such other powers as he may deem necessary for carrying out the purposes of this section.

(3) The officer shall have authority to call any party to such dispute to his office or secure his presence in the establishment and shall also have the power to bind any party to the dispute to appear before the Commission.

(4) Where a party to an illegal strike or lock-out, on being required or bound under this section to appear before the officer or the Commission, does not so appear, the officer or the Commission, as the case may be, may, besides taking such other action as may be admissible under this Ordinance, proceed ex-parte.

(5) After receiving the enquiry report the Commission shall serve a notice on the employer and the collective bargaining agent or the registered trade union concerned with the dispute to appear before the Commission on a date which shall not be later than seven days.

(6) The Commission may, within ten days following the day on which it receives a report under sub-section (1), and after considering the report and hearing such of the parties as may appear before it, order the strike to be called off or the lock-out to be lifted.

(7) If the employer contravenes the order of the Commission under sub-section (6) and the Commission is satisfied that the continuance of the lock-out is causing serious hardship to the community or is prejudicial to the national interest, it may issue an order for the attachment of the establishment and for the appointment of an official receiver for such period as it deems fit, and such period may be varied from time to time.

(8) The official receiver shall exercise the powers of management and may transact business, enter into contracts, give valid discharge of all moneys received and do or omit to do all such acts as are necessary for conducting the business of the establishment.

(9) The Commission may, in appointing and regularizing the work of an official receiver exercise the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908).

(10) If the workers contravene the order of the Commission under sub-section (6), the Commission may pass orders of dismissal against all or any of the striking workers and, notwithstanding anything to the contrary contained in this Ordinance, if the Commission, after holding such inquiry as it deems fit, records its finding that any registered trade union has committed or abetted the commission of such contravention, the finding shall have the effect of cancellation of the registration of such trade union and debarring all officers of such trade union from holding office in that or in any other trade union for the un-expired term of their offices and for the term immediately following:

Provided that the Court may review its orders if good and sufficient cause is shown by an affected worker within seven days of such orders of dismissal.

45. Strike or lock-out in public utility services.—(1) The Government, in the case of a strike or lock-out relating to—

(a) an industrial dispute of national importance; or

(b) an industrial dispute in respect of any of the public utility services which the Commission is competent to adjudicate and determine, may, by order in writing, prohibit a strike or lock-out at any time before or after the commencement of the strike or lock-out.

(2) The provisions of sub-sections (4), (5) and (6) of Section 42 shall also apply to an order made under sub-section (1) above as they apply to an order made under sub-section (3) of that section.

46. Prohibition of serving notice of strike or lock-out while proceedings pending.—No notice of strike or lock-out shall be served by any party to an industrial dispute during the pendency of any conciliation proceedings or proceedings before an Arbitrator or Commission in respect of any matter constituting such industrial dispute.

47. Removal of fixed assets.—No employer shall remove any fixed assets of the establishment during the currency of an illegal lockout or a strike which is not illegal:

Provided that the Commission may, subject to such conditions as it may impose, cause to be removed any such fixed assets for safe custody to avoid damage to such assets due to flood, fire, catastrophe or civil commotion.

48. Protection of certain persons.—(1) No person refusing to take part or to continue to take part in any illegal strike or illegal lock-out shall, by reasons of such refusal,-be subject to expulsion from any trade union or to any fine or penalty or to the deprivation of any right or benefit which he or his legal representatives would otherwise have been entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or disadvantage as compared with other members of the trade union.

(2) Any contravention of the provisions of sub-section (1) may be made the subject matter of an industrial dispute, and nothing in the constitution of a trade union providing the manner in which any dispute between its executive and members, shall be settled shall apply to any proceedings for enforcing any right or exemption granted by sub-section (1). In any such proceeding, the Commission may, in lieu of ordering a person who has been expelled from membership of a trade union to be restored to membership, order that he be paid out of the funds of the trade union such sum by way of compensation or damages as the Commission thinks just.

CHAPTER VII
AWARDS AND SETTLEMENTS

49. Settlements and awards on whom binding.—(1) A settlement arrived at in the course of conciliation proceedings, or otherwise between the employer and the collective bargaining agent or an award of an arbitrator prescribed under Section 40, or an award or decision of the Commission delivered under Section 54 and Section 57 shall—

(a) be binding on all parties to the industrial dispute;

(b) be binding on all other parties summoned to appear in any proceedings before the Commission as parties to the industrial dispute, unless the Commission specifically otherwise directs in respect of any such party:

(c) be binding on the heirs, successors or assignees of the employer in respect of the establishment to which the industrial dispute relates where an employer is one of the parties to the dispute; and

(d) where a collective bargaining agent is one of the parties to the dispute, be binding on all workmen who were employed in the establishment or industry to which the industrial dispute relates on the date on which the dispute first arose or who are employed therein after that date:

Provided that, where a collective bargaining agent or a trade union performing the functions of a collective bargaining agent under Section 21 exists, the employer shall not enter into a settlement with any other trade union, and any contravention of this provision shall be deemed to be an unfair labour practice under Section 31.

(2) A settlement arrived at by agreement between the employer and a trade union otherwise than in the course of conciliation proceedings shall be binding on the parties to the agreement.

50. Effective date of settlement, award, etc.—(1) A settlement shall become effective--

(a) if a date is agreed upon by the parties to the dispute to which it relates, on such date; and

(b) if a date is not so agreed upon, on the date on which the memorandum of the settlement is signed by the parties.

(2) A settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon for a period of one year from the date on which the memorandum of settlement is signed by the parties to the dispute and shall continue to be binding on the parties after the expiry of the aforesaid period until the expiry of two months from the date on which either party informs the other party in writing of its intention no longer to be bound by the settlement.

(3) An order passed by the Commission shall, unless an appeal against it is preferred to the Full Bench, become effective on such date and remain effective for such period, not exceeding two years, as may be specified therein. The Arbitrator or the Commission, shall specify dates from which the award or decision on various demands shall be effective and the time limit by which it shall be implemented in each case:

Provided that if, at any time before the expiry of the said period, any party bound by an award or decision applies to the Commission for reduction of the said period on the ground that the circumstances in which the award or decision was made have materially changed, the Commission may, by order made after giving to the other party an opportunity of being heard, terminate the said period on a date specified in the order.

(4) Notwithstanding the expiry of the period for which an award is to be effective under sub-section (3), the award shall continue to be binding on the parties until the expiry of two months from the date on which either party informs the other party in writing of its intention no longer to be bound by the award.

51. Interpretation of settlement and awards.—(1) If any difficulty or doubt arises as to the interpretation of any provisions of an award or settlement, it shall be referred to the Full Bench constituted under this Ordinance.

(2) The Full Bench to which a matter is referred under sub-section (1) shall after giving the parties an opportunity of being heard, decide the matter, and its decision shall be final and binding on the parties.

52. Recovery of money due from an employer under settlement or award.—(1) Any money due from an employer under a settlement, or under an award or decision of the Arbitrator, the Commission may be recovered as arrears of land revenue or as a public demand if, upon the application of the person entitled to the money, the Commission so directs.

(2) Where any workman is entitled to receive from the employer any benefit, under a settlement or under an award or decision of the Arbitrator, the Commission, which is capable of being computed in terms of money, the amount at which such benefit shall be computed may, subject to the rules, be determined and recovered as provided for in sub-section (1) and paid to the workman concerned within a specified date.

(3) The Commission shall have the powers of Collector Grade-1 and shall exercise such powers of recovery as determined by it.

CHAPTER VIII
NATIONAL INDUSTRIAL RELATIONS COMMISSION

53. National Industrial Relations Commission.—(1) The Federal Government shall constitute a National Industrial Relations Commission.

(2) The Commission shall consist of not less than ten full time members, including the Chairman.

(3) The qualification for appointment as a member or as the Chairman of the Commission shall be such as may be prescribed.

(4) The Chairman and other members of the Commission shall be appointed by the Government in the prescribed manner.

(5) Two of the members shall be appointed in the prescribed manner to advise the Chairman, one to represent the employers and the other to represent trade unions and the federations of such trade unions.

(6) The Chairman of the Commission may, in addition to the representatives of workers appointed to the Commission, co-opt, in cases where he deems it necessary, from amongst workers belonging to federations such representatives of workers as he may deem fit.

(7) The worker's representative co-opted under sub-section (6) shall be entitled to such honorarium as may be prescribed.

54. Functions of the Commission.—The following shall be the functions of the Commission, namely—

(a) to adjudicate and determine a industrial dispute in the Islamabad Capital Territory to which a trade union or a federation of such trade unions is a party and which is not confined to matters of purely local nature and any other industrial dispute which is, in the opinion of the Government, of national importance and is referred to it by that Government;

(b) to register trade unions and industry-wise trade unions of an establishment or group of establishments in the Islamabad Capital Territory, and federations of such trade unions;

(c) to determine the collective bargaining agents amongst trade unions and industry-wise trade unions in the Islamabad Capital Territory and federations of such trade unions;

(d) to try offences punishable under—

(i) Section 67 other than sub-sections (1) and (6) thereof; and

(ii) any other section, in so far as they relate to employers or workers in relation to a trade union or an industry-wise trade union in the Islamabad Capital Territory, and a federation of such trade unions, or officers of such union or federation;

(e) to deal with cases of unfair labour practices specified in Sections 31 and 32 on the part of employers, workers, trade unions of either of them or persons acting on behalf of any of them, whether committed individually or collectively, in the manner laid down under Section 33 or sub-section (9) Section 33 or in such other way as may be prescribed, and to take, in such manner as may be prescribed by regulations under Section 66, measures calculated to prevent an employer or workman from committing an unfair labour practice;

(f) to advise the Government, trade unions and industry-wise trade unions in the Islamabad Capital Territory, and federations in respect to the education of workers in the essentials of trade unionism, including education in respect of their right and obligations, and to secure the provision of facilities required thereof, and to apportion the cost thereof between the Government, trade unions and federations of such trade unions, and the employers, in such manner as may be considered equitable by the Commission, subject to the approval of the Government;

(g) to take measures calculated to prevent an employer or workman from committing an unfair labour practice in such manner as may be determined by regulations;

(h) to deal with cases of individual grievance in the manners prescribed in Section 33.

(i) to exercise exclusive jurisdiction over the establishment or group of establishments situated in the Islamabad Capital Territory; and

(j) such other powers and functions as the Government may, by notification in the official Gazette, assign to it from time to time.

55. Benches of the Commission, etc.—(1) The Chairman shall exercise general superintendence over its affairs.

(2) For the efficient performance of the functions of the Commission, the Chairman shall constitute—

(a) a Full Bench of the Commission which shall consist of not less than three members of the Commission; and

(b) as many other Benches of the Commission consisting of one member of the Commission, as he may deem fit.

(3) The Benches shall—

(a) adjudicate and determine an industrial dispute or any other matter which has been referred to, or brought before it under this Ordinance;

(b) enquire into and adjudicate any matter relating to the implementation or violation of a settlement which is referred to it by the Federal Government.

(d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance or any other law:

Provided that, in the performance of those functions and in the exercise of those powers, the Benches shall, unless otherwise provided in this Ordinance, follow the procedure laid down in the regulations.

(4) If any member of the Commission is absent from, or is otherwise unable to attend any sitting of the Commission or of a Bench consisting of more than one members of which he is a member, the Chairman may reconstitute the Bench.

(5) No act, proceedings, decision, or award of the Commission or Bench shall be invalid or be called in question merely on the ground of absence or of the existence of a vacancy in or any defect in the constitution of the Commission or Bench.

56. Resolution of difference of opinion.—(1) If the members of a Bench differ in opinion as to the decision to be given on any point,--

(a) the point shall be decided according to the opinion of the majority, if there is a majority; and

(b) If the members are equally divided, they shall state, the point on which they differ and the case shall be referred by them to the Chairman for hearing on such point by one or more of the other members of the Commission, and such point shall be decided according to the opinion of the majority of the members of the Commission who have heard the case, including those who first heard it:

Provided that if, upon any matter requiring the decision of a Bench which includes the Chairman of the Commission as one of its members, there is a difference of opinion among its members and the members so constituting the Bench are equally divided, the opinion of the Chairman shall prevail and the decision of the Bench shall be expressed in terms of the views of the Chairman.

(2) Any order or decision made, award given, sentence passed, power exercised, functions performed or proceedings taken by any Bench of the Commission in accordance with this Ordinance and the order constituting the Bench shall be deemed to be the order or decision made, award given, sentence passed, power exercised, functions performed or proceedings taken, as the case may be, by the Commission.

Explanation.—In this section, the expression "The Chairman of the Commission" includes such member of the Commission to be known as Senior Member as the Chairman may nominate to perform the functions, and exercise the powers of the Chairman during his absence.

57. Additional powers of the Commission.—(1) In addition to powers which the Commission has under this Ordinance—

(a) the Commission shall have power to punish any person who obstructs or abuses its process or disobeys any of its orders or directions, or does anything which tends to prejudice the case of a party before it, or tends to bring it or any of its members in relation to proceedings of the Commission into hatred or contempt, or does anything which, by law, constitutes contempt of Court, with simple imprisonment which may extend to six months or with fine which may extend to fifty thousand rupees, or with both; and

(b) for the purposes of any investigation, enquiry or adjudication to be made by the Commission under this Ordinance, the Chairman or any member of the Commission may at any time between the hours of sunrise and sunset, and any other person authorised in writing by the Chairman or any member of the Commission in this behalf may, after he has given reasonable notice, enter any building, factory, establishment, workshop or other place or premises whatsoever and inspect the same or any work, machinery, appliance or article therein or interrogate any person therein in respect of anything situated. Therein or any matter relevant to matters before the Commission; and

(2) The Commission may, on the application of a party, or of its own motion,--

(a) initiate prosecution, trial or proceedings, or take action, with regard to any matter relating to its functions;

(b) withdraw from a Labour Court of Province any application, proceedings or appeal relating to unfair labour practice, which fall within jurisdiction of the Commission.

(3) For the purpose of dealing with a case of unfair labour practice of which the Commission is seized, the Commission may—

(a) proceed directly with the case;

(b) ask the Provincial Registrar within whose jurisdiction the case has occurred or is likely to occur to enquire into it and submit a report; or

(c) refer the case to a Provincial Labour Court within whose jurisdiction the case has occurred or is likely to occur, either for report or for disposal.

(4) The Labour Court to whom the case is so referred shall enquire into it and, if the case was referred to it for report, forward its report thereon to the Commission or, if the case was referred to it for disposal, continue the proceedings and dispose of the case as if the proceedings had originally commenced before it and grant such relief as the Commission has the power to grant.

(5) Save as provided in sub-section (4) no Registrar, Labour Court or Labour Appellant Tribunal shall take any action, or entertain any application or proceedings, in respect of any matter which falls within the jurisdiction of the Commission:

Provided that no Court, including Labour Court, shall take any action or entertain any application or proceedings in respect of a case of unfair labour practice which is being dealt with by the Commission.

Explanation.—The expressions "industry-wise trade union" and "federation of such trade unions" refer to a trade union membership of which extends to establishments in more than one Province and a federation of trade unions whose membership extends to registered trade unions in more than one Province.

58. Appeals.—(1) Notwithstanding anything contained in this Ordinance, or in any other law for the time being in force, any person aggrieved by an award or decision given or a sentence or order determining and certifying a collective bargaining unit passed by any Bench of the Commission, may, within thirty days of such award, decision, sentence or order prefer an appeal to the Commission.

(2) An appeal preferred to the Commission under sub-section (1) shall be disposed of by the Full Bench of the Commission which shall—

(a) if the appeal is from an order determining and certifying a collective bargaining unit, have the power to confirm, set aside, vary or modify such an order.

(b) if the appeal relates to any other matter, the Full Bench may, confirm, set aside, vary or modify the decision or sentence passed and shall exercise all the powers required for the disposal of an appeal.

(c) The decision of the Full Bench shall be delivered as expeditiously as possible, within a period of sixty days following the filing of the appeal, provided that such decision shall not be rendered invalid by reasons of any delay in its delivery.

(d) The Full Bench may, on its own motion at any time, call for the record of any case or proceedings under this Ordinance in which a Bench within its jurisdiction has passed an order for the purpose of satisfying itself as to the correctness, legality, or propriety of such order, and may pass such order in relation thereto as it thinks fit:

Provided that no order under this sub-section shall be passed revising or modifying any order adversely affecting any person without giving such person a reasonable opportunity of being heard.

(3) If, in an appeal referred to it against the order of the Bench directing the re-instatement of a workman, the Full Bench may make an order staying the operation of the order of the Bench.

(4) The Full Bench shall decide such appeal within twenty days of its being preferred:

Provided that, if such appeal is not decided within the period aforesaid, the stay order of the Full Bench shall stand vacated on the expiration of that period.

59. Finality of order.—No Court shall entertain any plea as to the jurisdiction of the Commission or as the legality or propriety of anything done or purporting to be done by the Commission or any of its Benches, and no order, decision, judgment or sentence of the Commission shall be called in question in any manner, whatsoever, in or before any Court or other authority.

60. Enforcement of guaranteed rights.—Any collective bargaining agent or any employer may apply to the Commission for the enforcement of any right guaranteed or secured to it or him or to the workers collectively by or under any law, award, settlement or decision.

61. Powers of the Commission to prohibit strike, etc.—(1) When a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time when, in respect of such industrial dispute, there is made to, or is pending before, the Commission, an application under sub-section (9) Section 33, the Commission may, by an order in writing prohibit continuance of the strike or lock-out.

(2) When an appeal in respect of any matter arising out of an industrial dispute is preferred to the Full Bench under Section 55, the Full Bench may, by an order in writing, prohibit continuance of any strike or lock-out in pursuance of such industrial dispute which had already commenced and was in existence on the date on which the appeal was preferred.

62. Determination, etc., of collective bargaining unit.—(1) Where the Commission, on an application made in this behalf, by a trade union of Workmen or a federation of such trade unions, or on a reference made by the Federal Government, after holding such inquiry as it deems fit, is satisfied that for safeguarding the interest of the workmen employed in an establishment or group of establishments belonging to the same employer and the same industry, in relation to collective bargaining, it is necessary, just and feasible to determine one or more collective bargaining units of such workmen in such establishment or group, it may, having regard to the distribution of workers, existing boundaries of the components of such establishment, or group, facilities of communication, general convenience, sameness or similarity of economic activity and other cognate factors,—

(a) determine and certify one or more collective bargaining units in such establishment or group;

(b) Specify the modifications which, in consequence of the decision under this section, will take effect in regard to the registration of the trade unions and federations of trade unions affected by such decision and certification of collective bargaining agents among such unions and federations, nomination or election of shop stewards, and workers' representatives for participation in the management of the factories, if any, affected by such decision;

Provided that the date so specified shall not be a date falling within the period of two years specified in sub-section (11) of Section 19, in its application to a collective bargaining agent certified in respect of an establishment or establishments:

Provided further that, after the receipt of a reference for determination of a collective bargaining unit, the Commission may stop or prohibit the proceedings to determine collective bargaining agent under Section 19 for any establishment or group of establishments which is likely to be affected by a decision under this section,

(d) take such measures or issue such directions to the Registrar as may be necessary to give effect to such modifications; and

(e) determine and certify a collective bargaining agent for each such unit in accordance with Section 19 insofar as applicable and with the necessary modifications, if such a unit relates to more than one province, or direct the Registrar to take such action, if such a unit relates to the Islamabad Capital Territory.

(2) Where the Commission issues any directions to the Registrar under this section, the Registrar shall comply with them within such period as the Commission may from time to time determine.

(3) After the certification of a collective bargaining unit, no trade union shall be registered in respect of that unit except for the whole of such unit and no certification or proceedings for determination of collective bargaining agent under Section 19 shall take place for a part of a collective bargaining unit or a group of collective bargaining units.

63. Certain matters to be kept confidential.—Any information obtained by a Registrar, Conciliator, Arbitrator or Commission in the course of any investigation or inquiry as to a trade union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such authority shall not be included in any report, award or decision under this Ordinance, if the trade union, person, firm, or company in question has made a request in writing to the authority that such information shall be treated as confidential, nor shall such proceedings disclose any such information without the consent in writing of the Secretary of the trade union or the person, firm or company in question, as the case may be:

Provided that nothing contained in this section shall apply to disclosure of any such information for the purpose of a prosecution under Section 193 of the Pakistan Penal Code (Act XLV of 1860).

64. Conditions of service to remain unchanged while proceedings pending.—(1) No employer shall, while any conciliation proceedings or proceedings before an Arbitrator or the Commission in respect of an industrial dispute are pending, alter to the disadvantage of any workman concerned in such dispute, the conditions of service applicable to him before the commencement of such conciliation proceedings, or of the proceedings before an arbitrator, as the case may be, nor shall he, save with the permission of the Conciliator, the Arbitrator or the Commission, discharge, dismiss or otherwise punish any workman except for misconduct not connected with such dispute.

(2) Notwithstanding anything contained in sub-section (1), an officer of a registered trade union shall not, during the pendency of any proceedings referred to in sub-section (1), be discharged, terminated, dismissed or otherwise punished for misconduct, except with the previous permission of the Commission. However, the terms and conditions of employment secured by the workers through collective bargaining agreements, awards and decisions of Courts shall continue to be binding upon the parties until revised for betterment of workers.

65. Representation of parties.—(1) A workman who is a party to an industrial dispute shall be entitled to be represented in any proceedings under this Ordinance by an officer of a collective bargaining agent and subject to the provisions of sub-section (2) and sub-section (3) any employer who is a party to an industrial dispute shall be entitled to be represented in any such proceedings by a person duly authorised by him.

(2) No party to an industrial dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Ordinance.

(3) A party to an industrial dispute may be represented by a legal practitioner in any proceedings before the Commission, or before an Arbitrator, with the permission of the Commission or the Arbitrator, as the case may be.

66. Power to make regulations.—(1) Subject to the provisions of this Ordinance, the Commission may make such regulations relating to its procedure and the performance of its functions as it may deem fit.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely—

(a) registration of trade unions and industry-wise trade unions in the Islamabad Capital Territory and trans provinces, and federations of such trade unions and the procedure, for such registration;

(b) determination of collective bargaining units;

(c) determination of collective bargaining agent from amongst the industry-wise trade unions, federations of such trade unions and the procedure thereof;

(d) procedure, including rules of evidence, for adjudication of industrial dispute;

(e) procedure, including rules of evidence, for trial of offences;

(f) procedure for dealing with unfair labour practices;

(g) superintendence of the Chairman over the affairs of the Commission;

(h) forms of registers, processes and returns in respect of matters relating to the functions of the Commission; and

(i) fixing of places and times of its sitting and deciding whether to sit in public or in private.

CHAPTER IX
PENALTIES AND PROCEDURES

67. Penalty for unfair labour practices.—(1) Whoever contravenes the provisions of Section 17 shall be liable to imprisonment which may extend to fifteen days or fine which may extend to ninety days thirty thousand rupees, or both.

(2) Whoever contravenes the provisions of Section 31 shall be liable to imprisonment which may extend to thirty days or fine which may extend to fifty thousand rupees, or both.

(3) Whoever contravenes the provisions of Section 32, other than those of clause (d) of sub-section (1) thereof, shall be liable to imprisonment which may extend to thirty days or fine which may extend to twenty thousand rupees, or both.

(4) An officer of a trade union, a workman or person other than a workman who contravenes or abets the contravention of the provisions of clause (d) of sub-section (1) of Section 32 shall be liable to imprisonment which may extend to thirty days or fine which may extend to thirty thousand rupees, or both.

(5) Where the person convicted of an offence under sub-section (4) is an officer of a trade union, the Commission may, in addition to any other punishment which it may award to such person under that sub-section, direct that he shall cease to hold the office of such officer and be disqualified from holding any office in any trade union during the term immediately following the term in which he so ceases to hold office.

(6) Whoever contravenes the provisions of Section 47 shall be liable to imprisonment which may extend to thirty days or fine which may extend to seventy-five thousand rupees, or both.

(7) Nothing in this Ordinance shall be deemed to exclude the jurisdiction of a Labour Court of a province or the Court of a Magistrate to try a case under this section if it is authorised to do so by general or special order of the Commission.

68. Penalty for committing breach of settlement.—Whoever commits any breach of any term of any settlement, award or decision which is binding on him under this Ordinance shall be punishable—

(a) for the first offence, with imprisonment which may extend to thirty days or fine which may extend to thirty thousand rupees, or with both; and

(b) for each subsequent offence, with fine which may extend to seventy-five thousand rupees.

69. Penalty for failing to implement settlement, etc.—Whoever wilfully fails to implement any term of any settlement, award or decision which is his duty under this Ordinance to implement shall be punishable with imprisonment which may extend to fifteen days or a fine which may extend to thirty thousand rupees, or with both and, in the case of continuing failure, with a further fine which may extend to five thousand rupees for every day after the first during which the failure continues.

70. Penalty for false statement, etc.—Whoever wilfully makes or causes to be made in any application or other document submitted under this Ordinance or the rules made thereunder, any statement which he knows or has reason to believe to be false, or wilfully neglects or fails to maintain or furnish any list, document or information he is required to maintain or furnish, under this Ordinance or the rules made thereunder shall be punishable with imprisonment which may extend to fifteen days or fine which may extend to seventy-five thousand rupees, or with both.

71. Penalty for discharging officer of trade union in certain circumstances, etc.—Any employer who contravenes the provision of Section 64 shall be punishable with imprisonment which may extend to fifteen days or fine which may extend to thirty thousand rupees, or with both.

72. Penalty for embezzlement or misappropriation of funds.—Any officer or any employee of a registered trade union, guilty of embezzlement or misappropriation of trade union funds, shall be liable to imprisonment which may extend to thirty days and shall also be liable to a fine which shall not exceed the amount found by the Court to have been embezzled or misappropriated. Upon realisation, the amount of fine shall be reimbursed by the Court to the trade union concerned.

73. Penalty for obstructing inspector.—Whoever wilfully obstructs an inspector in the exercise of any power under Section 29, or fails to produce on demand by an inspector any register or other document in his custody required by him under the provisions of this Ordinance, or conceals or prevents any worker in an establishment from appearing before or being examined by an inspector, shall be punishable with fine which may extend to seventy-five thousand rupees.

74. Penalty for contravening Section 27 or Section 28, etc.—(1) Whoever contravenes the provisions of Section 27 or Section 28 shall be punishable with imprisonment which may extend to fifteen days or fine which may extend to one hundred thousand rupees, or with both.

(2) No Court shall take cognisance of any offence punishable under sub-section (1) except upon a complaint in writing made by the Registrar.

75. Penalty for other offences.—Whoever contravenes, or fails to comply with, any of the provisions of this Ordinance shall, if no other penalty is provided by this Ordinance for such contravention or failure, be punishable with fine which may extend to ten thousand rupees.

76. Offences to be non-cognisable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) no police officer shall be competent to arrest without warrant an employer or a worker for an offence under this Ordinance.

77. Offences by corporation.—Where the person guilty of any offence under this Ordinance is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the offence was committed without his knowledge or consent or that he exercised all due diligence to prevent the commission of the offence, be deemed to be guilty of such offence:

Provided that, where a company has intimated to Government in writing the name of any of its directors resident in Pakistan whom it has nominated for the purpose of this section and the offence is committed while such director continues to be so nominated, only such, director shall be so deemed to be guilty of such offence.

78. Trial of offences.—Save as provided in this Ordinance, no Court other than a Labour Court or that of a Magistrate of the first class, as the case may be, shall try any offence punishable under this Ordinance.

79. Indemnity.—No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any rule.

CHAPTER X
SUPPLEMENTAL

80. Conformity with Ratified International Conventions.—The Government may co-ordinate with the provinces before enacting any law or rules for the effective enforcement of obligations of the State to international labour-related and employer- related Conventions so ratified by the State and in case of difference of opinion, shall refer such matter, to the Council of Common Interests for decision.

81. Law of conspiracy limited in application.—No officer or member of a registered trade union or a collective bargaining agent as certified by the Registrar shall be liable to punishment under sub-section (2) of Section 120-B of the Pakistan Penal Code, 1860 (XLV of 1860), in respect of any agreement made between the members thereof for the purpose of furthering any such object of the trade union as is specified in its constitution, unless the agreement is an agreement to commit an offence, or otherwise violates any other law for the time being in force.

82. Immunity from civil suit in certain cases.—(1) No suit or other legal proceedings shall be maintainable in any civil Court against any registered trade union or a collective bargaining agent or any officer or member thereof in respect of any action done in contemplation or furtherance of an industrial dispute to which the trade union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is an interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he desires.

(2) A trade union shall not be liable in any suit or other legal proceedings in any civil Court in respect of any tortuous act done in good faith in contemplation or furtherance of an industrial dispute by an agent of the trade union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the trade union.

83. Enforceability of agreement.—Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a trade union shall not be void or voidable by reason only that any of the objects of the agreement are in restraint of trade:

Provided that nothing in this section shall enable any civil Court to entertain any legal proceedings instituted for the express purpose of enforcing, or recovering damages for the breach of any agreement concerning the conditions on which any member of a trade union shall or shall not sell their goods, transact business or work, employ or be employed.

84. Registrar, etc., to be public servants.—A Registrar, a Conciliator, the Chairman and a Member of the Commission shall be deemed to be a public servant within the meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860).

85. Limitation.—The provisions of Section 5 of the Limitation Act, 1908 (IX of 1908), shall apply in computing the period within which an application is to be made, or any other thing is to be done, under this Ordinance.

86. Power to make rules.—(1) The Government may make rules for carrying out the purposes of this Ordinance.

(2) Rules made under this section may provide that a contravention thereof shall be punishable with fine which may extend to ten thousand rupees.

87. Ordinance to override other laws.—The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.

88. Repeal and savings.—The Industrial Relations Act, 2008 (IV of 2008), having been repealed by virtue of sub-section (3) of Section 87 thereof, notwithstanding the repeal of the said Act, hereinafter to be called the repealed Act, and without prejudice to the provisions of Sections 6 and 24 of the General Clauses Act, 1897 (X of 1897)—

(a) every trade union of an establishment or industry located in the Islamabad Capital Territory, or in more than one province and existing immediately before the commencement of this Ordinance, which was registered under the repealed Act shall be deemed to be registered under this Ordinance and its constitution shall continue in force until altered or rescinded;

(b) anything done, rules made, notification or order issued, officer appointed, Court constituted, notice given, proceedings commenced or other actions taken under the repealed Act shall be deemed to have been done, made, issued, appointed, constituted, given, commenced or taken, as the case may be, under the corresponding provisions of this Ordinance; and

(c) any document referring to the repealed Act relating to industrial relations shall be construed as referring to the corresponding provisions of this Ordinance.

89. Former registration offices, officers, etc., to continue.—(1) The offices existing at the commencement of this Ordinance for registration of trade unions shall be continued as if they had been established under this Ordinance.

(2) Any person appointed to any office under, or by virtue of the provisions of the repealed Act shall be deemed to have been appointed to that office under or by virtue of this Ordinance.

(3) Any books of accounts, book, paper, register or document kept under the provisions of the repealed Act relating to companies shall be deemed to be part of the books of accounts, book, paper, register or document to be kept under this Ordinance.

90. Removal of difficulties.—If any difficulty arises in giving effect to any provisions of this Ordinance, the Government may, by notification in the official Gazette, make such order, not inconsistent with the provisions, of this Ordinance, as may appear to it to be necessary for the purpose of removing the difficulty:

Provided that no such power shall be exercised after the expiry of six months from the coming into force of this Ordinance.

91. Rights and duties of employers and workers.—The employers and workers shall within the bounds of this Ordinance and other laws for the time being in force shall abide by a code of conduct to respect their rights and duties in accordance with the guidelines in Schedule II.

SCHEDULE I

PUBLIC UTILITY SERVICES

[See Section 2(xxv)]

1. The generation, production, manufacture, or supply of electricity, gas, oil or water to the public.

2. Any system of public conservancy or sanitation.

3. Hospitals and ambulance services.

4. Fire-fighting service.

5. Any postal, telegraph or telephone service.

6. Railways and Airways.

7. Ports.

8. Watch and Ward Staff and security services maintained in any establishment.

SCHEDULE II

RIGHTS AND DUTIES OF EMPLOYERS AND WORKERS

[See Section 91]

Rights and Duties of Workers and Employers

(1) Workers and employers to respect each others' rights: Without prejudice to the provision of this Ordinance and any other labour law in vogue, workers and employers in each establishment will respect each others' rights and the rights of the enterprise to reasonable returns on investments and to expansion and growth. Such rights, among other, will include the following.

Employers' Rights and Duties

a. Right to conduct business.—The employer has the right to manage, control and use enterprise property and conduct its business in any manner considered prudent and satisfactory by it.

b. Right to manage.—The employer has the right to manage the enterprise effectively and efficiently by finding the best use of its available resources, including human resource, in most prudent and fruitful manner in the general interest of the enterprise.

c. Duties of the Employer.—(i) While exercising the right to conduct business and the right to manage the enterprise, it will be duty of the employer to act in accordance with the principles and guidelines provided under the law.

(ii) The employe will implement all laws, including labour laws, in letter and spirit.

(iii) The employer will protect and safeguard the interest and welfare of its workers to obtain maximum productivity and output to the mutual advantage of the enterprise.

(iv) The Employer will respect the workers' rights to decent work, wages, decent living and quality of life, subject to the resources of the enterprise.

Workers' Rights and Duties

a. Right to work, wage and welfare.—It is the right of a worker to work according to the job assigned and to receive wages as per agreed terms and conditions of employment and to such welfare benefits and safety measures as one is entitled to according to law, agreement settlement and/or award.

b. Right to Freedom of association and collective bargaining and other rights secured or guaranteed under the Industrial Relations Ordinance, 2011, and other laws.—Worker has unfettered right to enjoy the benefits guaranteed to him under the law, rules, settlement, agreement, award and in line with the principles of social justice.

c. Duties of the Workers.—(i) Worker will perform their duties, as assigned by the employer or his representatives, according to his best ability with due diligence, care, honesty and commitment.

(ii) Worker will fully observe norms of organisational discipline.

(iii) Worker, in exercise of his right, will fully respect the rights of the employer and will fully cooperate with the employer in efficient conduct of the business of the establishment.

d. Mutual obligations of employers and workers.—(i) Both employers and workers will promote and foster an atmosphere of trust confidence and understanding for each others' viewpoint and will at the first place make every effort not to let conflict arise among their relationship and if and when a conflict arises they will make every effort to resolve the same by bilateral negotiation at the establishment level.

(ii) Both employers and workers will accept the same degree of responsibility for industrial relations as for other functions within their respective establishment and will establish formal and informal climate of communication and social dialogue on at the establishment level for discharging the responsibility.

(iii) Both employers and workers will strive to develop good industrial relations within the framework of efficiency in the establishment.

(iv) Both employers and workers take all reasonable steps to ensure compliance with agreements and agreed procedures so that the objectives of productivity and growth are served in atmosphere of industrial peace.

(v) Both employers and workers in their mutual interaction will demonstrate mutual respect for each other and will not indulge in any act or insinuation to show person disrespect in any form in keeping with the Islamic tradition of love, fraternity, brotherhood and accepted social norms and civilized society.

e. Incentives and Recognition for Promoting Good Industrial Relations.—Such establishment, which maintains a track record of good industrial relations through bilateral efforts of employers and workers and their representative organisations in the establishment, shall be recognised by the Government as a "Model Organisation in Industrial Relations" to be determined on the basis of such criterion and in such manner as may be prescribed in the rules to be provided for the purpose. Such recognition shall be in the form of a Certificate prescribed for the purpose which will entitle the establishments and their unions to inscribe the word "Model Organisation in Industrial Relations" on their letter-heads and official logo and monograms.

-----------------------

REGULATION, 2011

ACTIONS (IN AID OF CIVIL POWER)
REGULATION, 2011

to provide for actions in aid of civil power in the Federally Administered Tribal Areas

[Gazette of Pakistan, Extraordinary, Part-I, 27^th June, 2011]

F. No. 11(6)P/L/2011.—Whereas there exists grave and unprecedented threat to the territorial integrity of Pakistan by miscreants and foreign funded elements, who intend to assert unlawful control over the territories of Pakistan and lo curb this threat and menace. Armed Forces have been requisitioned to carry out actions in aid of civil power;

AND Whereas continuous stationing of Armed Forces in territories, that have been secured from miscreants in the Federally Administered Tribal Areas, is necessary and it is, therefore, imperative that a proper authorization be given to the Armed Forces to take certain measures for incapacitating the miscreants by interning them during the continuation of the actions in aid of civil power and it is also necessary to ensure that Armed Forces carry out the said operation in accordance with law;

AND Whereas the miscreants are no longer loyal and obedient to the State and Constitution of the Islamic Republic of Pakistan;

AND Whereas to address this situation, the Federal Government have directed Armed Forces to act in aid of civil power to counter this threat to the solidarity and integrity of Islamic Republic of Pakistan while being subject to the law provided hereinafter;

Now, THEREFORE, in exercise of powers conferred by clause (5) of Article 247 of the Constitution of Islamic Republic of Pakistan, the President is pleased to make the following Regulation, namely:—

1. Short title, application and commencement.—(1) This Regulation may be called the Actions (in Aid of Civil Power) Regulation, 2011.

(2) It shall be applicable to the Federally Administered Tribal Areas.

(3) It shall come into force at once and shall be deemed to have taken effect from the 1st February, 2008.

CHAPTER-I
DEFINITIONS

2. Definitions.—In this Regulation, unless there is anything repugnant in the subject or context—

(a) "Armed Forces" means the Pakistan Army, Pakistan Air Force and Pakistan Navy and includes civil armed forces;

(b) "Armed action" means instances of actual fighting or military engagement or hostilities or combat of the Armed Forces against the miscreants during the actions in aid of civil power;

(c) "calling-in-aid of civil power" means a direction for the requisition of the Armed Forces made by the Federal Government under Article 245 of the Constitution of Islamic Republic of Pakistan;

(d) "actions in aid of civil power" means series of measures that involve the mobilization of Armed Forces, in aid of civil power or their requisition by the Federal Government, including measures such as armed action, mobilization, stationing etc., till such time they are withdrawn by the written order of the Federal Government;

(e) "defined area" means the area notified by the Governor in which actions in aid of civil power is being conducted in order to secure the territory or ensure peace in any place where Armed Forces have been requisitioned;

(f) "Governor" means the Governor of Khyber Pakhtunkhwa;

(g) "internment" means restricting any person to a defined premises during the period the counter-insurgency operation is ongoing in order to incapacitate him from committing any offence or further offences under this Regulation or any other law, for securing peace in the defined area;

(h) "Interning Authority" means an Interning Authority as provided in Section 8;

(i) "internment center" means any compound, house, building, facility or any temporary or permanent structure that is notified by the Governor or any officer authorize by him to serve as premises where persons are interned;

(j) "interment procedure" means procedures to be prescribed by the Governor in respect of the well being, food, health, treatment, religious freedom, visitation by family, counseling and psychological treatment etc, of the miscreants interned;

(k) "Orders of Internment" means a duly signed document in the form specified in Schcdule-I and includes any duly made order for internment or custody of a miscreant. The said document shall also serve as the basis to confine any person in a notified lockup or jail in any tribal or settled area, if required;

(l) "miscreant" means any person who may or may not be a citizen of Pakistan and who is intending to commit or has committed any offence under this Regulation and includes a terrorist, a foreigner, a non-state actor or a group of such persons by whatsoever names called;

(m) "requisition of Armed Forces" means whenever the Armed Forces receive direction from the Federal Government, for being requisitioned, mobilized or stationed in the Federally Administered Tribal Areas and the same shall deem to have been done in aid of civil power;

(n) "Register of Internees" means a register containing list of all the persons interned; and

(o) "Rules" means rules made under this Regulation.

CHAPTER-II
REQUISITION OF THE ARMED FORCES

3. Requisition of the Armed Forces.—(1) The Federal Government may requisition the Armed Forces in respect of any defined area to carry out actions in aid of civil power.

(2) Any existing direction already issued for requisition of the Armed Forces shall be deemed to have been validly issued under this Regulation and the Armed Forces already requisitioned shall conduct themselves in accordance with the provisions of this Regulation.

(3) The Armed Forces requisition once issued shall deem to continue unless specifically reviewed or withdrawn partially or fully, as the case may be.

(4) The Armed Forces may also be requisitioned in aid of civil power, for law and order duties, to conduct law enforcement operations, to combat natural calamities and for rehabilitation.

CHAPTER-III
CONDUCT OF ARMED ACTION

4. Precautions before using force.—(1) The Armed Forces may undertake, where possible, the following minimum preventive measures and precautions during the actions in aid of civil power, namely:—

(a) warn the civilians to vacate the area;

(b) send out warning to the residents to withdraw support for the miscreants;

(d) take special measures in respect of the life and safety of children, women and elderly persons; and

(e) take feasible precautions in the choice of means and methods of attack with a view to avoiding and minimizing collateral loss of civilian life and object.

(2) The Commander of Armed Forces shall issue instructions to troops under their control that the Armed Forces shall adhere to the principles of proportionality and necessity and shall ensure that the collateral damage to life and property shall be minimum.

(3) Subject to the above, the Armed Forces are authorized to use force, arms and ammunitions, including but not limited to firearms, weapons and air power etc., to achieve the objective during any armed action and to take any action, measure, decision that is necessary in this regard.

5. Misuse of force during actions in aid of civil power.—(1) If any abuse or misuse of the use of force during actions in aid of civil power is alleged or attributed to any member of the Armed Forces, the same shall be investigated within the hierarchy of the Armed Forces.

(2) If the said act of use of force referred to in sub-section (1) is attributed to any civilian officer, the Governor shall conduct inquiry and take appropriate steps against such officer in accordance with applicable law.

(3) In case any conduct attributed to Armed Forces or their individual officials is already criminalized under any existing treaty or convention, then it shall deemed to be an offence under this Regulation and the same shall be tried only by the Armed Forces pursuant to a procedure to be prescribed under this Regulation in case of such an event.

CHAPTER-IV
POWERS DURING ACTIONS IN AID OF CIVIL POWER

6. Additional authorization to the Armed Forces.—In addition to the powers conferred under this Regulation a member of Armed Forces, who is conducting the actions in aid of civil powers or any civilian official duly authorized, shall exercise any of the following powers, namely:—

(a) at the time of taking the miscreant into internment, prepare or provide where necessary, a signed statement from any person who has any knowledge of any offence committed or admitted or confessed by the miscreants;

(b) enter and search any property or place where there is any apprehension that miscreants may be hiding or weapons, material or other related suspicious things are kept and the same are likely to be used for any offence under this Regulation;

(d) gather information through all means about the credentials of the miscreant, including his foreign involvement and where appropriate, disrupt covert supplies made to miscreant from the foreign countries;

(e) establish security posts in the defined area; and

(f) posses and occupy any property with the approval of the Governor.

7. Conferring of any authorization.—(1) The Governor may confer additional power upon the Armed Forces to achieve the purposes of this Regulation.

(2) The Governor may amend any Schedule to this Regulation.

(3) The Governor may delegate any of its powers under this Regulation to any officer.

CHAPTER-V
INTERNMENT

8. Interning Authority.—(1) The Governor, or any officer authorized by it in this behalf, may issue an order of internment under this Regulation.

(2) Any officer authorized under sub-section (1) may further authorize any officer as may be expedient to issue the orders of internment and such officer shall also be the Interning Authority under this Regulation.

9. Power to Intern.—(1) The Interning Authority shall intern any person who,—

(a) may obstruct actions in aid of civil power in any manner whatsoever; or

(b) if not-restrained or incapacitated through internment shall strengthen the miscreants' ability to resist the Armed Forces or any law enforcement agency; or

(d) has committed or likely to commit any offence under this Regulation so that the said person shall not be able to commit or plan to commit any offence, during the actions in aid of civil power.

(2) If, in the opinion of the Interning Authority, the internment of any person is expedient for peace in the defined area, it shall pass an order of internment.

(3) The Interning Authority may intern any person who may not be in the defined area, but is suspected of having committed acts or has nexus with actions that are referred to in sub-sections (1) and (2) in the defined area.

(4) The Interning Authority shall issue an interning order in respect of each person who shall be kept in the internment center.

(5) The Governor may notify an appropriate officer as in-charge of the internment center.

(6) The Authority in-charge of the internment center shall maintain a proper register of person interned and also maintain their record.

(7) The Governor shall prescribe internment procedure.

(8) Persons detained pursuant to actions in aid of civil power shall be deemed to have been validly interned under this Regulation and their internment orders, in the manner prescribed under this Regulation, shall also be prepared and issued accordingly.

10. Remedy for release.—(1) The Interning Authority may, either on its own or on the written request of the person interned or his relatives, may withdraw the order of internment.

(2) The Interning Authority shall examine the request made under sub-section (1) and depute a suitable officer or officers to inquire into the offence attempted or committed, previous and present conduct, impact of counseling, background and affiliations of the person interned and accordingly submit its report.

(3) The Interning Authority may, based on the report referred to in sub-section (2) and material produced before it through whatsoever sources, pass a suitable order in writing whereby it may,—

(a) turn down the request for the time being; or

(b) direct that the person is an offender and after the conclusion of the actions in aid of civil power he shall be handed over to the law enforcement agencies for formal prosecution; or

(c) accept the request unconditionally or with certain conditions as it may deem expedient and may also take an undertaking or guarantee from the family or the jirga or the community.

11. Duration of internment.—The power to intern shall be valid from the day when this Regulation deemed to have come into force, or the date the order of internment is issued, whichever is earlier, till the continuation of actions in aid of civil power.

12. Criminal Liability.—(1) The internment shall not affect the criminal liability of the person interned for the acts that may constitute offences under this Regulation or under any other law.

(2) Any person or persons committing an offence under this Regulation may be tried for the offence individually or jointly.

(3) After the notification of termination of the actions in aid of civil power by the Federal Government, the persons interned shall be handed over to the functioning civilian law enforcement authorities along with evidence and material collected against such persons in accordance with the provisions of this Regulation.

13. Power to question or collect information.—(1) The Interning Authority shall designate appropriate officer to question any person interned, before or after counseling, and the said designated officer shall prepare and submit a report, under his signature, with its finding to the interning authority.

(2) The Interning Authority shall designate appropriate officer to collect any information or material from any Government law enforcement agency, or any Government intelligence agency, department, statutory body, data base, or entity in respect of the person interned and based on the said information received in accordance with the routine practice of the said agency or entity, shall submit a report, under his signature, with his finding, to the Interning Authority, along with the said material or information.

(3) The Interning Authority may also designate an appropriate officer to obtain a statement from the person interned.

(4) The Interning Authority, if necessary, may designate any official to collect any information in respect of the circumstances of internment of any person interned or any matter related thereto.

CHAPTER-VI
HUMAN RIGHTS AND OVERSIGHT

14. Oversight Board.—(1) The Governor shall notify an Oversight Board for each internment center comprising two civilians and two military officers to review the case of each person interned within a period of time, not exceeding one hundred and twenty days, from the issuance of the Order of Internment, and prepare a report for consideration of the Governor.

(2) The Oversight Board shall periodically review the conditions of internment centers and recommend suitable action for consideration of the Governor.

(3) The Oversight Board may also take notice of any complaint or information in respect of any degrading treatment of any person interned or any torture or any in-dignified treatment and in this regard carry out any inquiry in the matter and where necessary recommend suitable departmental action against the official concerned.

(4) The Oversight Board shall also be responsible to impart training and awareness regarding human rights standards and laws applicable on the conduct actions in aid of civil power of this nature, to all the concerned officials of the interning authority.

15. Prohibition on Torture.—No person interned under this Regulation, shall be subjected to inhuman or degrading treatment or torture.

CHAPTER-VII
OFFENCES AND PUNISHMENTS

16. Offences under this Regulation.—(1) Whoever challenges or is suspected of an act of challenging the authority and writ of the Federal or Provincial Government or attempts to assert unlawful control over any part of the territory of Pakistan or resorts to the acts of waging war against the State, shall be deemed to have committed an offence under this Regulation.

(2) Whosoever does any act or attempts to do any such act which threatens the peace, safety and defense of Pakistan, or threatens the core fundamental rights of the citizens of Pakistan or commits terrorism or sabotage, shall be deemed to have committed offences under this Regulation.

(3) Whosoever obstructed or attempted to obstruct in any manner the actions in aid of civil power or threaten in any manner whatsoever the peace and tranquility of any area by subversion, spreading literature, delivering speeches electronically or otherwise thus inciting the people in commissioning any offence under any law shall be deemed to have committed offences under this Regulation.

(4) Whosoever joins or is part of or linked with any private army and an armed group or an insurrectional movement, that has expressed hostility against the State of Pakistan, its Armed Forces, officials, civilians and their properties and who have attempted to obstruct in any manner the actions in aid of civil power shall be deemed to have committed offences under this Regulation.

(5) Whosoever commits or attempts to commit any offence provided for in the laws specified in Schedule-III during the actions in aid of civil power, shall be deemed to have committed an offence under this Regulation, notwithstanding the application of the said law to areas where the actions in aid of civil power is going on.

(6) Whosoever commits perfidy or attacks on protected persons or property or uses human beings as shields or involves in espionage or uses disguise or misuses emblem or uniform of any bona-fide organization or obstructs implementation of relevant United Nations Security Council Resolutions under Chapter 7 of the United Nations Charter, shall be deemed to have been committed offences under this Regulation.

(7) Whosoever supports or harbors or finances or facilitates or aids or abets or attempts the commissioning of the offences mentioned in sub-sections (1) to (6) shall be deemed to have committed an offence under this Regulation.

(8) Whosoever grants refuge to miscreant shall be deemed to have committed an offence under this Regulation.

(9) All offences under this Regulation shall be deemed to be continuing offences.

(10) Nothing prevents the prosecution to try the offender for more than one offence.

17. Punishment.—(1) Whosoever commits an offence under this Regulation shall be punished with death or imprisonment for life or imprisonment up to ten years; and may also be liable to fine. The convict shall also be liable to forfeiture of his property.

(2) Whosoever is prosecuted for committing offences mentioned in the laws specified in Schedule III to this Regulation shall be given the punishments provided for in the said respective laws.

18. Prosecution.—(1) Whosoever commits or attempts to commit any offence under this Regulation shall be proceeded against under the Frontier Crimes Regulation, 1901 (FCR) or Code of Criminal Procedure, 1898 (Act IV of 1898) or the Anti-Terrorism Act, 1997 (XXVII of 1997), or any applicable law, as the case may be, and shall be handed over to the prosecuting or investigating agency concerned for effecting formal arrest only after his order of internment has been withdrawn.

(2) The offender may be handed over to any investigating or prosecuting agency anywhere in Federally Administered Tribal Areas. Provincially Administered Tribal Areas or settled area.

19. Admissibility of evidence and its handing over.—(1) Notwithstanding anything contained to the contrary in Qanun-e-Shahadat, 1984 (P. 0.10 of 1984), or any other law for the time being in force all evidence, information, material collected, received and prepared by the Interning Authority, or its officials in accordance with the provisions of this Regulation shall be admissible in evidence and shall be deemed sufficient to prove the facts in issue or the relevant facts.

(2) Notwithstanding anything contained in the Qanun-e-Shahadat, 1984 (P. O. 10 of 1984) or any other law for the time being in force, any member of the Armed Forces, or any authorized official deposing on his behalf in or any official statement or before the Court to prove any event, offence or happening, shall be deemed to have proved the event, offence or happening by his statement or deposition and no other statements, depositions or evidence shall be required. Such statement or deposition shall be sufficient for convicting the accused as well.

(3) The Interning Authority shall hand over to the investigating or prosecuting agency, at the time of handing over the person, any or all of the following, namely:—

(a) the internment order;

(b) any information, material or evidence collected pursuant to authorization under Section 6;

(d) order, if any, passed under sub-section (3) of Section 10;

(e) report or reports, if made by the designated official of the Interning Authority under sub-section (1) of Section 13;

(f) report, if any, by the designated official of the Interning Authority under sub-section (2) or Section 13 along with necessary information and material received or collected;

(g) statement, if any, of the miscreant under sub-section (3) of Section 13, recorded and duly signed by the designated official in whose presence it was given;

(h) the report of Oversight Board, if prepared, under sub-section (1) of Section 14;

(i) any recoveries made or evidence collected at any time after the commencement of this Regulation; and

(j) other information collected in respect of the person from any source, duly endorsed by the Interning Authority.

(4) The Governor may provide such security and protection to the judges of such Courts, the prosecutors and witnesses, as it may deem appropriate.

CHAPTER-VIII
GENERAL

20. Counseling.—The Interning Authority may provide psychological and religious counseling to the persons interned.

21. Transfer of Interns.—(l) The interning Authority may, for reasons to be recorded in writing, transfer the interned persons from Federally Administered Tribal Areas to any other place in Provincially Administered Tribal Areas or settled districts declared as Internment Center for the purpose of this Regulation.

(2) A copy of the order of such transfer shall be provided to the concerned authorities.

22. Power to make rules.—The Governor may make rules for carrying out the purposes of this Regulation.

23. Indemnity.—No suit or other legal proceedings shall lie against any person for anything done or intended to be done in good faith under this Regulation.

24. Overriding effect.—This Regulation shall have over-riding effect, notwithstanding anything contained to the contrary in any law for the time being in force.

25. Removal of difficulties.—The Governor may, by order, provide for removal of any difficulty to give effect to the provisions of this Regulation.

26. Validation.—Anything done, action taken, orders passed, proceedings initiated, processes or communication issued, powers conferred, assumed or exercised, by the Armed Forces or its members duly authorized in this behalf, on or after the 1st February, 2008 and before the commencement of this Regulation, shall be deemed to have been validly done, issued, taken, initiated, conferred, assumed, and exercised and provisions of this Regulation shall have, and shall be deemed always to have had, effect accordingly.

SCHEDULE-I

[See regulation 2(k)]

Order of Internment

[Part-I]

This order of internment is issued in respect of:

Claims to be

Photographs

Front

Side

Mr. _______________________________________________________

Alias (if applicable) __________________________________________

Son of _____________________________________________________

Identification Mark __________________________________________

ID Card (if any) _____________________________________________

Resident of _________________________________________________

Thumb Impression

Right Hand

Left Hand

Part-II

Taken into custody/internment from ____________________________

__________________________________________________________

Reasons for Interning:

(1) _______________________________________________________

(2) _______________________________________________________

(3) _______________________________________________________

Superintendent
Internment-Center
(Official seal)

Authorized Interning Officer
(Official seal)

Part-II

(To be prepared in due course and be attached with Part-I and II)

After necessary verification, the person identified in the paragraph, bears the following particulars:

Mr. _______________________________________________________

Alias (if applicable) __________________________________________

Son of _____________________________________________________

Identification Mark __________________________________________

ID Card (if any) _____________________________________________

Resident of _________________________________________________

Tribe etc. __________________________________________________

Thumb Impression

Right Hand

Left Hand

Superintendent
Internment-Center
(Official seal)

Authorized Interning Officer
(Official seal)

SCHEDULE-II

[see Regulation 6(c)]

Certified that I searched (name of place) _______________________

On (date) __________________ belonging to Mr. __________________

s/o __________________________ address _______________________

_________________________________________________________

Seized the following material:

(1) ____________________________

(2) ____________________________

(3) ____________________________

(4) Photographs of the material or place (if possible).

(5) Further material listed in signed annex.

It is certified that this memorandum of seizure has been made in duplicate and a copy of this memorandum of seizure has been left at the premises from where the materials have been sized.

_____________
(Signed)

_____________________________________________________
(Full name/details of the official carrying out the seizure).

SCHEDULE-III

[see Regulation 17(2)]

1. Offences punishable under the Pakistan Penal Code, 1860 (XLV of 1860).

2. Offences punishable under the Arms Act, 1878 (XI of 1978).

3. Offences punishable under the Explosives Act, 1884 (IV of 1884).

4. Offences punishable under the Prevention of Seditious Meetings Act, 1911 (X of 1911).

5. Offences punishable under the Official Secrets Act, 1923 (XIX of 1923).

6. Offences punishable under the Foreigners Act, 1946 (XXXI of 1946).

7. Offences punishable under the Foreign Exchange Regulation Act, 1947 (VII of 1947).

8. Offences punishable under the Imports and Exports (Control) Act, 1950. (XXXIX of 1950).

9. Offences punishable under the Pakistan Army Act, 1952 (XXXIX of 1952).

10. Offences punishable under the Pakistan Air Force Act, 1953 (VI of 1953).

11. Offences punishable under the Pakistan Navy Ordinance, 1961 (XXXV of 1961).

12. Offences punishable under the Pakistan Arms Ordinance, 1965 (W.P. Ordinance XX of 1965).

13. Offences punishable under the Custom Act, 1969 (IV of 1969).

14. Offences punishable under the High Treason (Punishment) Act, 1973 (LXVIII of 1973).

15. Offences punishable under the Prevention of Anti-National Activities Act, 1974 (VII of 1974).

16. Offences punishable under the Passports Act, 1974 (XX of 1974).

17. Offences punishable under the Drugs Act, 1976 (XXXI of 1976).

18. Offences punishable under the Emigration Ordinance, 1979 (XVIII of 1979).

19. Offences punishable under the Exit from Pakistan (Control) Ordinance, 1981 (XLVI of 1981).

20. Offences punishable under the Employment of Children Act, 1991 (V of 1991).

21. Offences punishable under the Surrender Illicit Arm Act, 1991 (XXI of 1991).

22. Offences punishable under the Pakistan Telecommunication (Reorganization) Act, 1996 (XVII of 1996).

23. Offences punishable under the Anti-Terrorism Act, 1997 (XXVII of 1997).

24. Offences punishable under the Control of Narcotics Substances Act, 1997 (XXV of 1997).

25. Offences punishable under the National Database Registration Authority Ordinance, 2000 (VIII of 2000).

26. Offences punishable under the Chemical Weapon Convention Implementation Ordinance, 2000 (LI V of 2000).

27. Offences punishable under the Electronic Transaction Ordinance, 2002 (LI of 2002).

28. Offences punishable under the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (XIII of 2002 ).

29. Offences punishable under the Prevention and Control of Human Trafficking Ordinance, 2002 (LIX 2002).

30. Offences punishable under the Export Control on Goods, Technologies, Material and Equipment related to Nuclear and Biological Weapons and their Delivery Systems Act, 2004 (V of 2004).

31. Offences punishable under the Anti Money Laundering Act, 2010 (VII of 2010).

32. Offences punishable under all existing applicable laws, orders, rules and regulations in force in Federally Administered Tribal Areas.

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S. No.	Name of Organization	Authority letter No., Date & Total Required SIMs/Connections	Details of Authorized Person Mentioned on Authority Letter			No. of SIMs/ Connection Issued
			Name	Designation	CNIC No.

S. No.	Name of Organization	Authority letter No., Date & Total Required SIMs/Connections	Details of Authorized Person Mentioned on Authority Letter
			Name	Designation	CNIC No.

No. of SIMs/Connections Issued	Details of User to Whom Sims have been issued
No. of SIMs/Connections Issued	SIM No.	Name	CNIC	Permanent Address

S. No.	Name of Organization	Authority Letter No., Date & Total Required SIMs/Connections	Details of Authorized Person Mentioned on Authority Letter			No. of SIMs/ Connections Issued
			Name	Designation	CNIC No.

S. No.	Name of Organization	Authority letter No., Date & Total Required SIMs/Connections	Details of Authorized Person Mentioned on Authority Letter			No. of SIMs/ Connections Issued	Details of User to Whom SIMs have been Issued
S. No.	Name of Organization		Name	Designation	CNIC No.	No. of SIMs/ Connections Issued	SIM No.	Name	CNIC	Permanent Address