Short title, extent and commencement
1. (1) This Ordinance may be called the [* * *] Essential Services (Second) Ordinance, 1958.
(2) It extends to the whole of [Bangladesh].
(3) It shall come into force at once.
2. In this Ordinance, unless there is anything repugnant in the subject or context,-
“employment” includes employment of any nature whether paid or unpaid.
Application of the Ordinance
3. [(1)] This Ordinance shall apply to all employments under the Government, and to such other employment or class of employment [* * *], as the Government, being of the opinion that such employment or class of employment is essential for the maintenance of public order or for maintaining services necessary to the life of the community, may, by notification in the official Gazette, declare to be an employment or class of employment to which this Ordinance applies.
[(2) A declaration under sub-section (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.]
4. Any person engaged in any employment under the Government or in any employment or class of employment to which this Ordinance applies who,-
(a) disobeys any lawful order given in course of such employment, or attempts to persuade any person to disobey any such order, or
(b) without reasonable excuse abandons such employment or absents himself from work,
shall be guilty of an offence under this Ordinance.
[Explanation 1].- A person abandons his employment within the meaning of this section who, notwithstanding that it is an express or implied term of his contract of employment that he may terminate his employment on giving notice to his employer of his intention to do so, so terminates his employment without the previous consent of his employer.
[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.]
5. Any person found guilty of an offence under this Ordinance shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
Overriding Power of the Ordinance
[5A. 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.]
Jurisdiction and mode of trial
6. (1) No Magistrate other than a Magistrate of the first class shall try an offence under this Ordinance.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898
, an offence under this Ordinance shall be cognizable.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898
, a Magistrate trying an offence under this Ordinance, shall have power to try such offence summarily and in trying such offences such Magistrates shall follow the procedure laid down in the Code of Criminal Procedure, 1898
, for summary trial of summons cases.
7. [Repeal and saving.- Repealed by section 2 and the Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).]
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Ministry of Law, Justice and Parliamentary Affairs