THE EMPLOYMENT (RECORD OF
SERVICES) ACT 1951
(Act XIX of 1952)
C O N T E N T S
Section Heading
1. Short title, extent, application and commencement.
2. Definitions.
3. Exemption.
4. Service book to be produced by employee.
5. Form of the service book.
6. Entries in the service book.
7. Power of Inspection.
8. Penalty.
9. Cognizance of offences.
10. Prosecution.
11. Protection of action taken under the Act.
12. Power to make rules.
[1]THE EMPLOYMENT (RECORD OF SERVICES) ACT 1951
(Act XIX of 1952)
[18 April 1952]
An
Act to make provision for the compulsory maintenance of the records of service
of persons in certain classes of employment in certain areas.
Whereas it is expedient to make provision for the compulsory maintenance of the record of service of persons in certain classes of employment in certain areas; it is hereby enacted as follows:-
1. Short title, extent, application and commencement.‑ (1) This Act may be called the Employment (Record of Services) Act, 1951.
[2][(2) It extends to the whole of [3][the
(3) It applies to all persons concerned as
employers or employees in such classes of employment and in such areas as the [4][[5][* * *] Government] may specify by notification in
this behalf.
(4) It shall come into force on such date as the [6][[7][* * *] Government] may, by notification in the official Gazette, appoints.
2. Definitions.– In this Act, unless there is anything repugnant in the subject or context,–
[8][* * * * * * * * * * * *]
(b) “employee” means a person to whom this Act applies engaged for hire or for any other pecuniary consideration by an employer, or an apprentice;
(c) “employer” means any person to whom this Act applies engaging the services – manual or clerical, skilled or unskilled – of another for hire or for any other pecuniary consideration or an apprentice for the purpose of carrying on his calling, trade, business, undertaking or manufacture or for, personal or domestic service and includes any body of persons whether incorporated or not and any managing agent of any employer;
[9][(cc) “Government” means Government of the
(d) “Labour Commissioner” means the officer so designated and appointed by the [10][[11][* * *] Government];
(e) “prescribed” means prescribed by rules made under this Act; and
(f) “wages” has the same meaning as in the Payment of Wages Act, 1936 (IV of 1936).
3. Exemption.‑ The [12][[13][* * *] Government] may exempt from the provisions of this Act any establishment or undertaking where records of service are maintained to the satisfaction of the Government.
4. Service book to be produced by employee.‑ (1) Before engaging an employee the employer shall require from him his service book, if he asserts that he has been previously in employment under any other employer and the employee shall produce the service book if he has one.
[14][(2) If the employee has no service book, the employer shall, at his own cost, provide one and keep it with himself.]
(3) The service book [15][if any produced by the employee under sub-section (1)] shall be kept by the employer, who shall give the employee a receipt there for in the prescribed form.
(4) Nothing in this section shall prevent an agreement between the employee and the employer whereby it is provided that the employee shall keep and maintain a duplicate of his service book.
(5) The employer shall hand over service book to the employee on the termination of the employee’s service with the employer, except where the [16][employee] has kept and maintained a duplicate of service book.
[17][(6) If the service book handed over to the employee under sub-section (5), or the duplicate thereof maintained by him, is lost by him, the employer shall provide him with a duplicate service book and may charge him the prescribed price.]
5. Form of the service book.– The service book shall be of the size and in the form as may be prescribed and a passport size photo of the employee if a male shall be affixed to it. The service book shall contain particulars of identification of the employee, the names and other particulars of the persons under whom employed from time to time, period of employment, occupation, rate of wages including allowances, if any, leave taken and records of conduct and efficiency by employers.
6. Entries in the service book.– The employer shall at the commencement of the employment and during the continuance of the same make such entries therein from time to time as are required by this Act and the rules made there under and he and the employee shall sign the entries as they are made.
7. Power of Inspection.– The Labour Commissioner or an officer authorised by him in writing may by written notice require an employer or an employee to produce the service book or the duplicate service book or any other paper or document which he may have reason to believe contains the particulars noted in the service book and thereupon the employer or the employee, as the case may be, shall comply if he is in possession of the said book, paper or document.
8. Penalty.– Any breach of the provisions of this Act or the
rules made thereunder shall be punishable in the case of an employer with fine
which may extend to [18][five thousand] rupees, and in the case of an
employee with a fine which may extend to [19][five hundred] rupees and for the purposes of this
section any failure or refusal to comply with a requirement duly made by a
person empowered under this Act or under the rules made thereunder to make it
shall be deemed to be a breach of the said provisions.
9. Cognizance of offences.– No court shall take cognizance of an offence punishable under this Act unless previous sanction for prosecution has been accorded on the prescribed form by the Labour Commissioner and except upon complaint by any public servant or by a person authorised in this behalf by the Labour Commissioner in writing on the said form.
10. Prosecution.– Any infringement of or refusal or omission to carry out the provisions of this Act or the rules made thereunder by any person may be reported to the Labour Commissioner or to any other officer appointed in this behalf by him by an order in writing for such local limits as may be assigned in the order, for sanction of prosecution or for such other action as he may deem proper to take.
11. Protection of action taken
under the Act.– No suit,
prosecution or legal proceeding shall lie against any person in respect of anything
in good faith done or intended to be done under this Act or the rules made
thereunder.
12. Power to make rules.– (i) The [20][[21][* * *] Government] may, after previous publication, make rules[22] for carrying into effect the purposes of this Act.
(ii) In particular and without prejudice to the generality of the foregoing power such rules may provide for–
(a) the form of the service book and the particulars to be entered therein;
(b) the quality of paper and covering page of the service book;
(c) the number of pages of the book;
(d) the time within which any entry in the service book shall be made and the occasions on which a fresh entry shall be made ;
(e) the authorization of persons to manufacture and sell service books on prescribed forms;
(f) the
procedure at any investigation and for proceeding before the grant of sanction
for prosecution by the Labour Commissioner;
(g) the
persons and class of public servants who may be authorised
by the Labour Commissioner to make complaints under
this Act; and
(h) the manner of calculation of monthly wages.
[1]For Statement of Objects and
Reasons, see Gazette of Pakistan, 1951, Pt. V, dated the 23rd
November, 1951, pp. 4 and 5, and for Report of Select Committee, see ibid.,
1951, Ext., pp.335-339.
This
Act was originally in the Federal ambit, however, the subject on which this law
was enacted, has devolved to the provinces by virtue of 18th
Amendment in the Constitution, hence it was adapted, with amendments, for the
province of the Punjab by the Employment (Record of Services)
(Amendment) Act 2011 (XI of 2011).
[2]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (21 of 1961), s.3 and 2nd
Schedule, for the original sub-section (2) (with effect from the 14th
October 1955).
[3]Substituted
for the word “
[4]Substituted by Adaptation
Order, 1964, Art. 2 and Schedule, for “appropriate Government”.
[5]The word
“Provincial”, omitted by the Employment (Record of Services) (Amendment) Act,
2011 (XI of 2011).
[6]Substituted by Adaptation
Order, 1964, Art. 2 and Schedule, for “appropriate Government”.
[7]The word
“Provincial”, omitted by the Employment (Record of Services) (Amendment) Act,
2011 (XI of 2011).
[8]The original cl. (a) as amended
by A.O. 1961, Art. 2 and Sch., has been omitted by A.O., 1964, Art. 2 and Sch.
[9]Inserted by the Employment
(Record of Services) (Amendment) Act 2011 (XI of 2011).
[10]Substituted by Adaptation
Order, 1964, Art. 2 and Schedule, for “appropriate Government”.
[11]The word
“Provincial”, omitted by the Employment (Record of Services) (Amendment) Act,
2011 (XI of 2011).
[12]Substituted by Adaptation
Order, 1964, Art. 2 and Schedule, for “appropriate Government”.
[13]The word
“Provincial”, omitted by the Employment (Record of Services) (Amendment) Act,
2011 (XI of 2011).
[14]Substituted
by the Employment (Record of Services) (Amendment) Ordinance, 1960 (18 of
1960), s.2, for the original sub-section (2).
[15]Inserted ibid., s.2.
[16]Substituted ibid, and shall
be deemed always to have been so substituted.
[17]Added by the Employees (Record
of Services) (Amendment) Ordinance 1960 (18 of 1960), s.2.
[18]Substituted for the word
“fifty” by the Employment (Record of Services) (Amendment) Act 2011 (XI of
2011).
[19]Ibid., for the word “five”.
[20]Substituted by Adaptation
Order, 1964, Art. 2 and Schedule, for “appropriate Government”.
[21]The word “Provincial” omitted
by the Employment (Record of Services) (Amendment) Act 2011 (XI of 2011).
[22]For the
Employment (Record of Services) (Federal Capital) Rules, 1956, see
Gazette of Pakistan, 1956, Pt. I, pp.522-527.