[Law]THE ESSENTIAL SERVICES LAWS (AMENDMENT) ACT, 1974

THE ESSENTIAL SERVICES LAWS (AMENDMENT) ACT, 1974
(ACT NO. XXXVI OF 1974).
[15th June, 1974]
An Act further to amend the Essential Services (Maintenance) Act, 1952, the
Essential Services (Second) Ordinance, 1958 and the Services (Temporary Powers)
Ordinance, 1963.
WHEREAS it is expedient further to amend the Essential Services (Maintenance)
Act, 1952 (LIII of 1952), the Essential Services (Second) Ordinance, 1958 (E. P. Ord.
No. XLI of 1958), and the Services (Temporary Powers) Ordinance, 1963 (E. P. Ord. No.
II of 1963), for the purposes hereinafter appearing;
It is hereby enacted as follows:­
Short title and
commencement
1. (1) This Act may be called the Essential Services Laws
(Amendment) Act, 1974.
(2) It shall be deemed to have come into force on the 28th day of
February, 1974.
Amendment of
Act LIII of 1952
2. In the Essential Services (Maintenance) Act, 1952 (LIII of
1952),­
(a) section 6 shall be omitted; and
(b) for section 7A the following shall be substituted, namely:­
“7A. Overriding power of the Act.­ The provisions of this Act shall
have effect notwithstanding anything to the contrary contained in
the Industrial Relations Ordinance, 1969 (XXIII of 1969), or any
other law for the time being in force.”
Amendment of E
P Ord XLI of 1958
4Amendment of E
P Ord II of 1963
3. In the Essential Services (Second) Ordinance, 1958 (E. P. Ord.
No. XLI of 1958),­
(1) section 3 shall be re­numbered as be­section (1) of that section,
and­
(a) in sub­section (1) as so re­numbered, the words and comma
“under any local authority,” shall be omitted; and
(b) after sub­section (1) as so re­numbered, the following new subsection shall be added, namely:­
“(2) A declaration under sub­section (1) shall remain in force for a
period of six months; but the Government may, by notification in
official Gazette, successively extend it for further periods not
exceeding six months at a time.”;
(2) in section 4, the Explanation shall be numbered as
Explanation 1, and after Explanation 1 as so numbered the
following new Explanation shall be added, namely:­
“Explanation 2.­ Absence from work in pursuance of any notice of
strike given or purported to be given under any law shall not be
deemed to be a reasonable excuse within the meaning of this
section”; and
(3) after section 5, the following new section 5A shall be added,
namely:­
“5A. Overriding Power of the Ordinance.­ The provisions of this
Ordinance shall have effect notwithstanding anything to the
contrary contained in the Industrial Relations Ordinance, 1969
(XXIII of 1969), or any other law for the time being in force.”
Amendment of E
P Ord II of 1963
4. In the Services (Temporary Powers) Ordinance, 1963 (E. P. Ord.
II of 1963),­
(1) in section 2, for the words “of a local authority” the words “of
any body or establishment” shall be substituted; and
(2) in section 3, in sub­section (1), for the words, commas and
figures “the East Pakistan Trade Union Act, 1965, or the East
Pakistan Labour Disputes Act, 1965” the words, commas, brackets
and figures “the Industrial Relations Ordinance, 1969 (XXIII of
1969),” and for the words “in offices by any employee of the
Government or of a local authority” the words “by any employee”
shall be substituted.
Repeal and
Savings
5. (1) The Essential Services Laws (Amendment) Ordinance, 1974
(Ord. II of 1974), is hereby repealed.
(2) Notwithstanding such repeal, anything done, any action taken
or any declaration made under any of the laws amended by the
said Ordinance shall be deemed to have been done, taken or made,
as the case may be, under the corresponding provisions of such law
as amendment by this Act.
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Ministry of Law, Justice and Parliamentary Affairs