AN OVERVIEW OF THE PAKISTAN ESSENTIAL SERVICES (MAINTENANCE) ACT 1952, (“ACT”)

1. INTRODUCTION
the Pakistan Essential Services (Maintenance) Act 1952, (“Act”) was passed on 14 th December,
1952 with aim and objective to ensure the availability and the maintenance of certain essential
services in Pakistan.

2. APPLICABILITY
The Act is applicable to any and all categories or classes of employees who are working under
the Federal Government or any agency of the Federal Government whose services are declared
by the Federal Government through notification as essential services. The essential services
have not been defined or determined specifically anywhere under the law, however, depending
on the circumstance, the Federal Government at its discretion may declare through notification
in official gazette services of any employee or organization as sessional services with respect of
whom Federal Government has authority to regulate or notify [S.3 (1)].

However, provinces have adapted the West Pakistan Essential Services (Maintenance) Act 1958,
and they have their separate role to the extent of this adapted law within their territorial
jurisdiction.

3. CONDITIONS FOR DECLARATION OF ESSENTIAL SERVICES

The Federal Government shall not make declaration in respect of any employment or class of
employment, unless it is of opinion that such employment or class of employment is essential:
i. for securing the defense or the security of Pakistan or any part thereof, or
ii. for the maintenance of such supplies or services as relate to any of the matters with
respect to which the Federal Government has power to make laws and are essential to the
life of the community. [S 3 (2)].

4. VALIDITY DECLARATION OF ESSENTIAL SERVICES

Any declaration made through notification shall be valid and in force a period of six months
which can be extended by Federal Government for further six months. [S.3 (3)].

5. POWERS TO ORDER REMAIN IN SPECIFIED AREA AND REGULATION OF WAGES AND

CONDITIONS OF SERVICES
i. The Federal Government is empowered to issue orders to any employee or class of
employees whose services have been declared Essential Services to remain in any specified
areas or it may direct its officer through general or special order to ensure that any person
or persons engaged in such employment shall not depart out of such area or areas as may
be specified in such order. Such order will be published in a manner that is considered best
calculated to bring it to the notice of the persons affected by the order [S.4 (1) & (2)].
ii. The Federal Government, through rules may regulate the terms and condition of
employment or wages or may authorize any authority to do so or issue directions in this
regard. Any person falling to comply with such rules or directions shall be guilty of offence.
[S.6 (1) and (2)].
6. OFFENCE, PUNISHMENT, PROCEDURE AND JURISDICTION
i. Employee: Any person disobeys any lawful order or attempts to incite, instigates, expends
or supplies any money, to any person to disobey any such order, or without reasonable
excuse abandons, absents, refuses to work or to continue to work, or departs from any
area specified in accordance with section 4 without the consent of the authority making
that order; [S. 5 (1), (a), (b) (c) and (2)]; and
ii. Employer: any employer of a person who is engaged in such employment declared under
section 3, without reasonable excuse, discontinues the employment of such person, or
closes an establishment in which such person is engaged or causes the discontinuance of
his employment, is guilty of offence under the Act. [S.5 (1) (i) and (ii).
iii. No Excuse: apprehension of physical danger by any person under the employment is not a
reasonable excuse [S.5 (1) (Exp.1).
iv. Exception: if the terms and conditions of employment contract allows a person to
abundant the employment upon giving a notice, he may do so. [S.5 (1) (Exp.2)]
v. Punishment: Any person found guilty of an offence under this Act shall be punishable with
imprisonment for a term which may extend to one year and shall also be liable to a fine. In
case a Company or other body corporate, every director, manager, secretary or other
officer thereof shall be punished, until proved that such was committed without his
knowledge or he exercised due diligence. [S.7 (1) and (2)].
vi. Procedure and Jurisdiction: An offence under the Act shall be cognizable under Cr.PC, shall
be tried by Magistrate of First Class in a summary trial according to Cr.PC. [S.7 (4)].

7. BAR ON LEGAL PROCEEDINGS AND SAVING OF EFFECT OF LAWS IMPOSING LIABILITY TO

NATIONAL SERVICE
i. A person shall not be prosecuted who has done anything or intended to so in good faith
under the Act. [S.8]
ii. This Act shall have perpetual applicability and its provisions will not have affected due to
provisions of any other law which is or may be for the time being in force and imposing
liability on any person engaged in the employment. [S.9].

8. PROVINCIAL LAWS
i. The West Pakistan Essential Services (Maintenance) Act, 1958, adapted and extended by
Khyber Pakhtunkhwa on 25th May, 1964
ii. The Punjab Essential Services (Maintenance) Act, 1958, adapted and extended by
Punjab in 1974
iii. Sindh Essential Services (Maintenance) Act, 1958 adapted and extended by Sindh in
1973
Balochistan Essential Services (Maintenance) Act, 1958 adapted and extended by
Balochistan in 1975