Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 — section 16

16. Eviction from residential accommodation..—(1) Notwithstanding the provisions of any law for the time being in force, including those of the West Pakistan Urban Rent Restriction Ordinance, 1959 (W.P. Ordinance No. VI of 1959), a workman occupying residential accommodation provided by his employer, who has resigned or retired, or has been retrenched, discharged or dismissed, or whose services have been terminated, shall vacate such accommodation within a period of two months from the date of his retrenchment, discharge, dismissal or termination of services, as the case may be, provided that in case of reinstatement of the workman, the employer shall be bound to provide him with similar-residential accommodation from the date of such reinstatement or pay him per mensem, an allowance in lieu thereof at the rate of three times the wages of the last full working day.

(2)If a workman, who has been retrenched, discharged or dismissed, or whose services have been terminated, fails to vacate any residential premises provided by the employer, within the period specified in clause (1), the employer may lodge a complaint with a Magistrate of the first class having jurisdiction in the area where such residential accommodation is located. 1 Inserted by the Labour Laws (Amendment) Act, 1976 (Act No. XI of 1976), s. 2 read with Schedule. 2 Substituted by Act No. XXIII of 1973, s. 6. 3 Substituted by Act No. XXIII of 1973, s. 6. 4 Added by Act No. XXIII of 1973, s. 6. 5 Inserted by the Labour Laws (Amendment) Act, 1976 (Act No. XI of 1976), s. 2 read with Schedule. 6 Omitted by the Finance Act, 2008 (Act No. I of 2008) (w.e.f. 1.7.2008), s. 4.

(3)The Magistrate on hearing the parties, may, notwithstanding anything contained in any other law for the time being in force, summarily decide the case and may pass an order of eviction, giving the workman a reasonable time to vacate the premises.

(4)Where a Magistrate passes an order for the eviction of a workman, he may also pass an order directing a police officer to evict such workman and any other person occupying through such workman the residential accommodation in respect of which the order of eviction is made, if the workman or such other person fails to vacate the accommodation within the time allowed under clause

(3).

(5)A police officer acting under an order of the Magistrate under clause (4), shall notify the occupants of the premises in question, the contents of the Magistrate’s order and his intention to enter on such premises, and shall allow at least two hours’ time to the occupants to vacate the premises and shall give all reasonable facilities to the children and female occupants, if any, to withdraw therefrom before applying any force for taking over possession of such premises.

(6)Where a workman occupying residential accommodation provided to him by the employer dies, the procedure prescribed in this Standing Order shall mutatis mutandis and so far as applicable, apply, for evicting any person, who was occupying the premises through such workman, and after his death continues to remain in occupation thereof. 17. 1[Omitted] 18. 2[Omitted]