{ "act_title": "The Essential Services (Second) Ordinance, 1958 (East Pakistan Ordinance)", "act_no": "XLI", "act_year": "1958", "publication_date": "19/07/2025", "sections": [ { "section_content": "1. (1) This Ordinance may be called the2[* * *] Essential Services (Second) Ordinance, 1958.(2) It extends to the whole of3[Bangladesh].(3) It shall come into force at once." }, { "section_content": "2. In this Ordinance, unless there is anything repugnant in the subject or context,-“employment” includes employment of any nature whether paid or unpaid." }, { "section_content": "3.4[(1)] This Ordinance shall apply to all employments under the Government, and to such other employment or class of employment5[* * *], 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.6[(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.]" }, { "section_content": "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)\tdisobeys any lawful order given in course of such employment, or attempts to persuade any person to disobey any such order, or(b)\twithout reasonable excuse abandons such employment or absents himself from work,shall be guilty of an offence under this Ordinance.7[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.8[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.]" }, { "section_content": "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." }, { "section_content": "9[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.]" }, { "section_content": "6. (1) No Magistrate other than a Magistrate of the first class shall try an offence under this Ordinance.(2) Notwithstanding anything contained in theCode of Criminal Procedure, 1898, an offence under this Ordinance shall be cognizable.(3) Notwithstanding anything contained in theCode 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 theCode of Criminal Procedure, 1898, for summary trial of summons cases." }, { "section_content": "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).]" } ], "footnotes": [ { "footnote_text": "1Throughout this Ordinance, the word “Government” was substituted for the words “Provincial Government” by Article 8 of the Bangladesh (Adaptation of Existing Bangladesh Laws) Order, 1972 (President’s Order No. 48 of 1972)" }, { "footnote_text": "2The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Bangladesh Laws) Order, 1972 (President’s Order No. 48 of 1972)" }, { "footnote_text": "3The word “Bangladesh” was substituted for the words “East Pakistan” by section 3 and the Second Schedule of theBangladesh Laws (Revision And Declaration) Act, 1973(Act No. VIII of 1973)" }, { "footnote_text": "4Section 3 was renumbered as sub-section (1) by section 3 of theEssential Services Laws (Amendment) Act, 1974(Act No. XXXVI of 1974)" }, { "footnote_text": "5The words “under any local authority” were omitted by section 3 of theEssential Services Laws (Amendment) Act, 1974(Act No. XXXVI of 1974)" }, { "footnote_text": "6Sub-section (2) was added by section 3 of theEssential Services Laws (Amendment) Act, 1974(Act No. XXXVI of 1974)" }, { "footnote_text": "7The Explanation was renumbered as Explanation 1 by section 3 of theEssential Services Laws (Amendment) Act, 1974(Act No. XXXVI of 1974)" }, { "footnote_text": "8Explanation 2 was added by section 3 of theEssential Services Laws (Amendment) Act, 1974(Act No. XXXVI of 1974)" }, { "footnote_text": "9Section 5A was added by section 3 of theEssential Services Laws (Amendment) Act, 1974(Act No. XXXVI of 1974)" } ], "copyright_info": { "copyright_text": "Copyright©2019, Legislative and Parliamentary Affairs DivisionMinistry of Law, Justice and Parliamentary Affairs" }, "source_url": "http://bdlaws.minlaw.gov.bd/act-print-279.html", "fetch_timestamp": "2025-07-19 02:11:51", "csv_metadata": { "act_title_from_csv": "The Essential Services (Second) Ordinance, 1958 (East Pakistan Ordinance)", "act_no_from_csv": "XLI", "act_year_from_csv": "1958", "is_repealed": false }, "token_count": 865, "language": "english", "government_context": { "govt_system": "Military Rule", "position_head_govt": "President of Pakistan", "head_govt_name": "General Ayub Khan", "head_govt_designation": "President of Pakistan (Military regime)", "how_got_power": "Military coup", "period_years": "1958-1969", "years_in_power": 11 }, "processing_info": { "processed_timestamp": "2025-07-19 19:33:21", "enhanced_with_reducer": true, "enhanced_with_govt_context": true, "language_detected": "english", "token_count": 724, "legal_context_added": true, "legal_context_timestamp": "2025-07-19 20:26:26", "year_standardized": true, "year_standardization_timestamp": "2025-07-19 20:36:01", "token_count_updated": true, "token_count_update_timestamp": "2025-07-19 20:56:09", "previous_token_count": 724, "accurate_token_count": 865 }, "legal_system_context": { "period_info": { "period_name": "East Pakistan Period", "year_range": "1947-1971", "act_year": 1958 }, "legal_framework": { "primary_laws": [ "Government of India Act 1935 (adapted)", "Pakistan Constitution 1956", "Pakistan Constitution 1962" ], "court_system": [ "Dhaka High Court (1948)", "District Courts", "Federal Court/Supreme Court of Pakistan" ], "legal_basis": "Adapted British-Indian laws with Islamic provisions", "enforcement_mechanism": "Pakistani legal system" }, "government_system": { "type": "Federal Parliamentary (1947-1958), Presidential (1958-1971)", "structure": "Provincial government under federal system", "revenue_collection": "Federal and provincial taxation", "administrative_units": [ "Province", "Districts", "Thanas" ] }, "policing_system": { "law_enforcement": "East Bengal/East Pakistan Police", "military_police": "Pakistan Army and paramilitary forces", "jurisdiction": "Provincial police under federal oversight" }, "land_relations": { "tenure_system": "East Bengal State Acquisition and Tenancy Act 1950", "property_rights": "Abolition of zamindari system", "revenue_system": "Direct government land revenue", "peasant_status": "Farmers as direct tenants to state" }, "key_characteristics": [ "Zamindari abolition (1951)", "Language movement legal issues (1952)", "Military rule periods (1958-1971)", "Constitutional crises and martial law", "Bengali autonomy demands and legal frameworks" ], "context_added_timestamp": "2025-07-19 20:26:26" } }