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Monday, November 30, 2009
How to Register a Company in Pakistan?
Donor-Driven Participatory Forest Management and ‘Local Social Realities’: Insights from Pakistan
Abstract
The process of institutional changes in the forestry sector of Pakistan was initiated by the Government of Pakistan with support from different donor agencies during the mid-1990s. This paper analyses a participatory forest management initiative in the milieu of local social realities (such as customary forest use, power relations and livelihood concerns) and the actors who are part of these realities. The paper shows that the donor-driven decentralisation of forest management did not consider traditional practices of forest use, nor did it attempt to engage customary institutions and local civil society in the process. Though new institutions (joint forest management and village development committees) have been established for implementation of participatory forest management and land use plans at the village level, the paper shows that responsibility delegated by the state to these institutions concerns protection of the forests rather than management. A mismatch between local livelihood concerns and the institutional change process is also revealed. The paper identifies historically rooted mistrust between local actors and state authorities as one of the key factors hindering the success of the participatory approach, and recommends that the village-level institutions should be accorded both empowerment and incentives to ensure sustainable participatory forest management.
The process of institutional changes in the forestry sector of Pakistan was initiated by the Government of Pakistan with support from different donor agencies during the mid-1990s. This paper analyses a participatory forest management initiative in the milieu of local social realities (such as customary forest use, power relations and livelihood concerns) and the actors who are part of these realities. The paper shows that the donor-driven decentralisation of forest management did not consider traditional practices of forest use, nor did it attempt to engage customary institutions and local civil society in the process. Though new institutions (joint forest management and village development committees) have been established for implementation of participatory forest management and land use plans at the village level, the paper shows that responsibility delegated by the state to these institutions concerns protection of the forests rather than management. A mismatch between local livelihood concerns and the institutional change process is also revealed. The paper identifies historically rooted mistrust between local actors and state authorities as one of the key factors hindering the success of the participatory approach, and recommends that the village-level institutions should be accorded both empowerment and incentives to ensure sustainable participatory forest management.
Recreation and sports
The official and national sport of Pakistan is field hockey and Polo is recognised as the State sport, although squash and cricket are also very popular. The national cricket team has won the Cricket World Cup once (in 1992), were runners-up once (in 1999) and co-hosted the games twice (in 1987 and 1996). They won the 20-20 International World Cup in 2009. The team has also won the Australasia Cup in 1986, 1990, and 1994. The country will also be hosting the 2011 Cricket World Cup with India and Bangladesh.
At an international level, Pakistan has competed many times at the Summer Olympics in field hockey, boxing, athletics, swimming, and shooting. Hockey is the sport that Pakistan has been most successful at the Olympics, with three gold medals (1960, 1968, 1984). Pakistan has also won the Hockey World Cup four times (1971, 1978, 1982, 1994).[5] Pakistan has hosted several international competitions, including the SAFG in 1989 and 2004.
A1 Grand Prix racing is also becoming popular with the entry of a Pakistani team in the 2005 season. The Tour de Pakistan, modelled on the Tour de France, is an annual cycling competition that covers the length and breadth of Pakistan. Recently, football has grown in popularity across the country, where traditionally it had been played almost exclusively in the western province of Balochistan. Fifa has recently teamed up with the government to bring football closer to the northern areas too. Also, it is hoped that Pakistan will fare better in the Football World Cup qualifiers for 2010.
[edit] Cuisine
The culinary art in Pakistan comprises a mix of Middle Eastern, Indian, Iranian, Afghan, and Turkish cuisine that reflects the country's history as well as the variation of cooking practices from across the surrounding regions. Urban centres of the country offer an amalgamation of recipes from all parts of the country, while food with specific local ingredients and tastes is available in rural areas and villages. Besides the main dishes of curry with or without meat cooked with vegetables or lentils, there are a number of provincial specialties such as karahi, biryani and tikka in various forms and flavours, eaten alongside a variety of breads such as naan, chapati and roti.
There are also local forms of grilled meat or kebabs, desserts, and a variety of hot and cold drinks.
[edit] Festivals
[edit] Ramadan
The holiest month of the Islamic Calendar. It is widely observed in Pakistan during which Muslim Pakistanis (about 97% of the population) fast, attend mosques with increased frequency and recite Quran. Special foods are cooked in greater quantities, parties are held and special accommodation is made by workplaces and educational institutes.
[edit] Chand Raat
After an Islamic month of fasting, Ramadan, just the night before Eid comes, everyone gets ready for Eid. In the night known as Chand Raat, girls put henna on their hands. Most people have parties at their house. People go out for the last minute shopping for gifts and sweets that will be given to friends and families. Even outside at the malls and the plazas, there are many colourful lights. There are large crowds in the city center to celebrate the beginning of Eid.
[edit] Eid celebrations
The two Eids, Eid ul-Fitr and Eid ul-Adha commemorate the passing of the month of fasting, Ramadan, and the willingness of Ibrahim to sacrifice his son Ishmael for God. During these days there are national holidays and many festivals and events take place to celebrate Eid. As Pakistan is a Muslim state, there are three days off for all businesses and Government offices.
On the night before Eid, people search for the new moon to mark the end of Ramadan and arrival of Eid ul-Fitr. The day starts with morning prayers, then returning home for a large breakfast with family members. The day is spent visiting relatives and friends and sharing gifts and sweets with everyone. During the evening people hit the town for some partying, going to restaurants or relaxing in city parks.
On Eid ul-Fitr, money is given for charity and as gifts to young children.
On Eid ul-Adha, people may also distribute meat to relatives and neighbors and donate food for charity.
Literature
History
Pakistani literature, that is, the literature of Pakistan, as a distinct lite gained its nationhood as a sovereign state in 1947. The common and shared tradition of Urdu literature and English literature of South Asia was inherited by the new state. Over a period of time, a body of literature unique to Pakistan has emerged in nearly all major Pakistani languages, including Urdu, English, Punjabi, Pushto, Seraiki Baluchi, and Sindhi. In the 1946 elections for the Constituent Assembly of India, the Congress won most of the elected seats, while the League won a large majority of Muslim electorate seats. The 1946 British Cabinet Mission to India released a plan on May 16, calling for a united Indian state comprising considerably autonomous provinces, and called for "groups" of provinces formed on the basis of religion. A second plan released on June 16, called for the separation of South Asia along religious lines, with princely states to choose between accession to the dominion of their choice or independence. The Congress, fearing India's fragmentation, criticised the May 16 proposal and rejected the June 16 plan. Jinnah gave the League's assent to both plans, knowing that power would go only to the party that had supported a plan. After much debate and against Gandhi's advice that both plans were divisive, the Congress accepted the May 16 plan while condemning the grouping principle.[citation needed] Jinnah decried this acceptance as "dishonesty", accused the British negotiators of "treachery",[34] and withdrew the League's approval of both plans. The League boycotted the assembly, leaving the Congress in charge of the government but denying it legitimacy in the eyes of many Muslims. Jinnah gave a precise definition of the term 'Pakistan' in 1941 at Lahore in which he stated: Some confusion prevails in the minds of some individuals in regard to the use of the work 'Pakistan'. This word has become synonymous with the Lahore resolution owing to the fact that it is a convenient and compendious method of describing [it].... For this reason the British and Indian newspapers generally have adopted the word 'Pakistan' to describe the Moslem demand as embodied in the Lahore resolution.[35] Jinnah issued a call for all Muslims to launch "Direct Action" on August 16 to "achieve Pakistan".[36] Strikes and protests were planned, but violence broke out all over South Asia, especially in Calcutta and the district of Noakhali in Bengal, and more than 7,000 people were killed in Bihar. Although viceroy Lord Wavell asserted that there was "no satisfactory evidence to that effect",[37] League politicians were blamed by the Congress and the media for orchestrating the violence.[38] Interim Government portfolios were announced on October 25, 1946.[39] Muslim Leaguers were sworn in on October 26, 1946.[40] The League entered the interim government, but Jinnah refrained from accepting office for himself. This was credited as a major victory for Jinnah, as the League entered government having rejected both plans, and was allowed to appoint an equal number of ministers despite being the minority party. The coalition was unable to work, resulting in a rising feeling within the Congress that independence of Pakistan was the only way of avoiding political chaos and possible civil war. The Congress agreed to the division of Punjab and Bengal along religious lines in late 1946. The new viceroy Lord Mountbatten of Burma and Indian civil servant V. P. Menon proposed a plan that would create a Muslim dominion in West Punjab, East Bengal, and Sindh. After heated and emotional debate, the Congress approved the plan.[41] The North-West Frontier Province voted to join Pakistan in a referendum in July 1947. Jinnah asserted in a speech in Lahore on October 30, 1947 that the League had accepted independence of Pakistan because "the consequences of any other alternative would have been too disastrous to imagine."[42] The independent state of Pakistan, created on August 14, 1947, represented the outcome of a campaign on the part of the Indian Muslim community for a Muslim homeland which had been triggered by the British decision to consider transferring power to the people of India.[43] [edit]Views on statehood
Culture of Pakistan
The society of Pakistan (Urdu: پاکستانی ثقافت) comprises numerous diverse cultures and ethnic groups from the Punjabis and Sindhis in the east to the tribal cultures of the Baloch and Pashtun in the west and the ancient Dardic in the north. These Pakistani cultures have been greatly influenced by many of the surrounding countries' cultures, such as those of Turkish, Persian, Afghan, and Indians of South Asia, Central Asia and the Middle East.
In ancient times, Pakistan was a major cultural hub and the home of ancient civilizations, such as the Indus Valley Civilization - one of the first 'settled' peoples. Many cultural practices and great monuments have been inherited from the time of the ancient rulers of the region. One of the greatest cultural influences is that of the Persian Empire. Other key influences include the Afghan Empire and later the short lived but influential Mughal Empire.
Pakistan has a rich cultural and ethnic background going back to the Indus Valley Civilization, 2800 BC – 1800 BC. A civilization remarkable for its ordered cities, advanced-planned sanitation, straight roads and uniquely structured society. Present day Pakistan has been invaded many times in the past. it has been occupied and settled by many different peoples each of whom have left their imprint on the current inhabitants of the country. Some of the largest groups were the 'Aryans', Greeks, Scythians, Persians, White Huns, Arabs, Turks, Mongols and other Eurasian groups right up until the British who left in the late 1940s.
The region has formed a distinct cultural unit within the main cultural complex of South Asia, the Middle East and Central Asia from the earliest times.[1] There are differences in culture among the different ethnic groups in matters such as dress, food, and religion, especially where pre-Islamic customs differ from Islamic practices. Their cultural origins also show influences from far afield; including from: Tibet, Nepal, India and eastern Afghanistan. All groups show varying degrees of significant influence from Persia, Turkestan and Hellenistic Greece. Pakistan was the first region of the South Asia to receive the full impact of Islam and has developed a distinct Islamic identity, historically different from that further west.[1]
Ancient sites in Pakistan include: Zorastrian, Buddhist, Hindu and Pagan temples and shrines, gardens, tombs, palaces, monuments, pleasure grounds and Mughal and Indo-Saracenic buildings. Sculpture is dominated by Greco-Buddhist friezes, and crafts by ceramics, jewellery, silk goods and engraved woodwork and metalwork.
Pakistani society is largely multilingual, multi-ethnic and multicultural. Though cultures within the country differ to some extent, more similarities than differences can be found as most Pakistanis are of mainly 'Aryan' heritage and/or have lived side by side along the Indus River for the past several thousand years and coexisted. However, over 60 years of integration, a distinctive "Pakistani" culture has sprung up especially in the urban areas. Education is highly regarded by members of every socio-economic stratum. The traditional family values are highly respected and considered sacred, although urban families increasingly form nuclear families, owing to the socio-economic constraints imposed by the traditional culture of extended family.
The past few decades have seen emergence of a middle class in cities such as Karachi, Lahore, Rawalpindi, Hyderabad, Quetta, Faisalabad, Sukkur, Peshawar, Sialkot, Abbottabad and Multan. The rural areas of Pakistan are regarded as more conservative and are dominated by regional tribal customs dating back hundreds of years.
India's children still put to work, two years after law change
ARTICLE (October 12 2008): The cream-and-orange cafe with scalloped windows on India's National Highway 31 dubs itself the "Compleat Family Hotel." But the only children inside were small boys hard at work clearing away the plates. "I ran away from school because the teacher used to beat me," said spindly-legged Mukesh Kumar, 12, speaking softly as he wiped down a table, gesturing to a welt on his foot. Kumar said he had been working full-time for three months, even though he is two years below the minimum age for employees in homes, hotels and restaurants, as set by a key 2006 amendment to India's child labour laws. He lives in Bihar, one of India's poorest states, but millions of children across the country also endure the hard grind of working life, often labouring as many as twelve hours a day for paltry wages. India, since passing a 1986 law that banned those under 14 from working in hazardous industries such as fireworks manufacture, has slowly strengthened legislation against child labour. The 2006 amendment - passed two years ago this month - criminalised many hidden aspects of the problem and was hailed as a major breakthrough. But activists say the new laws have made little progress in ending a practice rooted in India's dire poverty. "It is all about international image building," said Kailash Satyarthi, a prominent advocate against child labour, who accuses the government of lacking the political will to enforce the law. "When there is pressure from other countries, you can just show them that you have this good law." Indian officials say approximately half a million children have been removed from work and sent back to their villages or special boarding schools over the last decade. But the government cannot say whether the number of children rescued outpaces the number of new children sent to work. In fact, no one can agree on how many children are employed illegally. The last census, in 2001, put the number of child workers at 12.6 million, while a major household health survey released two years ago and cited by the UN estimated it was closer to 30 million. But Satyarthi puts the real number today as high as 60 million. Child welfare advocates also fear that many of those saved from child labour soon return to work. "Reintegration of these children back into mainstream society remains a challenge," said Simrit Kaur, a UNICEF child protection specialist. "Children are removed from exploitative situations but, not having a clear rehabilitation mechanism, at times children fall back to probably worse situations." Government labour officials say they are working to improve the information that they use to plan how to tackle child labour. "We want to know the actual numbers so we can target those children in a more effective manner," said Shree Ram Joshi, an Indian labour official who expects a clearer picture to emerge from a major new survey next year. Government authorities and activists do at least agree that the best way to fight child labour is to improve education and family earnings - though few quick fixes exist. In the meantime children often say they must work because they learn nothing at school or are ill-treated there or at home. "My parents were not all right. My mother used to beat me," said Abhishek, a small round-faced boy who looked about 10 working as a delivery boy at a food stall in the heart of New Delhi. He left his home in bordering Uttar Pradesh state three months ago and now sleeps at the stall where he found work for 800 rupees (20 dollars) a month. "This is the right thing for me now," he said, insisting he was 14. Years later, many child workers like Abhishek resent their childhoods spent at work. Chitranjan Kumar Varma, 28, ran away from his teacher's beatings and from his parents, who wanted him to stay at school, to learn how to drive. Fifteen years later he earns the equivalent of about 150 dollars a month. "Now I feel bad I didn't study. Now I understand what studying can bring you," said Varma. "I would have gone ahead in life. Now I can't do anything but be a driver." |
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* Proceedings of strikes and lock-outs
Where a strike or lock-out lasts for more than fifteen days, if it relates to a dispute which the Commission is competent to adjudicate and determine, the Federal and/or the Provincial Government may, by order in writing, prohibit the strike or lock-out at any time before the expiry of thirty days, provided that the continuance of such a strike or lock-out causes serious hardship to the community or is prejudicial to the national interest. In such case the Federal Government or the Provincial Government shall forthwith refer the dispute to the Commission or the Labour Court. After hearing both parties, the Commission, or the Labour Court shall make such award as it deems fit, as expeditiously as possible but not exceeding thirty days from the date on which the dispute was referred to it.
Under section 32 of the IRO 2002, if a strike or lockout occurs within the public utility services sector the Federal Government and the Provincial Government may, by order in writing, also prohibit its occurrence at any time before or after the commencement of the strike or lockout.
No party to an industrial dispute may go on strike or declare a lockout during the course of conciliation or arbitration proceedings, or while proceedings are pending before the Labour Court.
In addition, the National Industrial Relations Commission (the Commission), adjudicates and determines industrial disputes to which an industry-wise trade union or federation of such trade unions is a party , as well as disputes which are of national importance.
The Commission also deals with cases of unfair labour practices.
* Illegal strikes and lock-outs
A strike or lockout is declared illegal if it is commenced without giving notice of conciliation to the other party of the dispute, or if it is commenced or continued in a manner other than that provided by the IRO 2002 or in contravention with this text.
In case of an illegal strike or lockout, an Officer from the Labour Department may make a report to the Labour Court, and require the employer or CBA or the registered trade union concerned, to appear before the Court. The Court may, within 10 days, order the strike or lockout to be stopped.
In case of contravention of the order of the Court by the employer, and if the Court is satisfied that the pursuance of the lock-out is causing serious hardship to the community or is prejudicial to the national interest, it may order the attachment of the factory and the appointment of an official receiver, who will exercise the powers of management and may do all such acts as are necessary for conducting business.
In case of contravention of the order of the Court by the workers, the Labour Court may pass orders of dismissal against the striking workers, or cancel the registration of the trade union that committed such contravention.
*Settlement of Individual Labour Disputes
Pursuant to Article 46 of the IRO 2002, a worker may bring his or her grievance in respect of any right guaranteed or secured by or under any law or any award or settlement to the notice of the employer in writing, either him or herself or through the shop steward or Collective Bargaining Agent, within one month of the day on which cause of such grievance arises. The IRO 2002 reduces the delay from three months to one month. Where a worker brings his or her grievance to the notice of the employer, the employer must within fifteen days of the grievance, communicate his or her decision in writing to the worker
If the employer fails to communicate a decision within the specified period or if the worker is dissatisfied with such decision, the worker or shop steward may take the matter to the Labour Court within a period of two months.
* Labour Courts
Section 33 of the Industrial Relations Ordinance, 2002 permits any CBA or any employer to apply to the Labour Court for the enforcement of any right guaranteed or secured by law or any award or settlement. The Provincial Government derives its authority to establish as many Labour Courts as it considers necessary under section 44 of the Ordinance. Each Labour Court is subject to jurisdictional limitations derived by its geographical parameters or with respect to the industry or the classes of cases allocated. Each Labour Court consists of one Presiding Officer appointed by the Provincial Government.
The Labour Court adjudicates industrial disputes which have been referred to or brought before it; inquires into or adjudicates any matter relating to the implementation or violation of a settlement which is referred to it by the Provincial Government; tries offenses under the Industrial Relations Ordinance; and exercises and performs such other powers and functions conferred upon or assigned to it. While deliberating offenses, the Labour Court follows as nearly as possible procedure as prescribed under the Code of Criminal Procedure, 1898. For purposes of adjudicating and determining any industrial disputes, the Labour Court is deemed to be a Civil Court and retains the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the enforcement of attendance and examination under oath, the production of documents and material objects, and the issuance of commissions for the examination of witnesses or documents.
An award or decision of a Labour Court is produced in writing and delivered in open Court with two copies subsequently forwarded to the Provincial Government. Upon receipt, the Provincial Government within a period of one month publishes the award or decision in the Official Gazette.
The IRO 2002 abolished the Labour Appellate Tribunal. Any party aggrieved by an award or a decision given or a sentence passed by the Labour Court may now submit an appeal to the High Court (Article 48 of the IRO 2002). The High Court, may vary or modify an award or decision or decision sanctioned by the Labour Court. It may, on its own motion at any time, call for the record of any case or proceedings in which a Labour Court within its jurisdiction has passed an order, for the purpose of satisfying itself as to the correctness, legality, or propriety of such order, and may pass such order, in relation thereto as it thinks fit, provided that the order does not adversely affect any person without giving such person a reasonable opportunity of being heard.
Official Gazette
The Federal Laws of Pakistan are published by the Government in a document called the Gazette of Pakistan. The Ministry of Justice, Law and Parliamentary Affairs in addition publishes individual Acts through the Official Gazette.
Workers' Representation in the Enterprise
The new text simplifies the system, introducing a single body in place of the three previous ones: the Joint Works Council (Article 24 of the IRO 2002). A Joint Works Council must be set up in any establishment employing fifty persons or more. It consists of no more than ten members, forty per cent of which are workers’ representatives. In the previous system, the Management Committee and the Works Council were composed of an equal number of representatives of the employer and workers, whereas the Joint Management Board had a workers’ participation of 30 per cent. The Convener of the Joint Works Council is from the management.
The Joint Works Council deals with matters, which were of the competency of the earlier Joint Management Board, such as the improvement in production, productivity and efficiency, provision of minimum facilities for those of the workers employed through contractors who are not covered by the laws relating to welfare of workers. It has also taken up tasks of the previous Works Council, i.e. promoting settlement of differences through bilateral negotiations, promoting conditions of safety and health for the workers, encouraging vocational training within the establishment, taking measures for facilitating good and harmonious working conditions in the establishment, provision of educational facilities for children of workers.
Trade Union and Employers Association Regulation
Freedom of association
The right to association is guaranteed by Article 17 of the Pakistani Constitution imparting on every citizen the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. Under Article 3 of the IRO 2002, workers as well as employers in any establishment or industry have the right to establish and to join associations of their own choosing, subject to respect of the law. Both workers' and employers' organizations have the right to establish and join federations and confederations and any such organization, federation or confederation shall have the right to affiliate with international organizations and confederations of workers' and employers' organizations.
Registration of trade unions
Registration of a trade union is to be made under the Industrial Relations Ordinance. Workers’ trade unions are registered with the Registrar Trade Unions in the Province, and if the industry or establishment is nationwide with the National Industrial Relations Commission, after fulfilling a number of requirements, listed in Article 6 of the IRO 2002. Through its registration, the trade union obtains certain benefits: registration confers a legal existence as an entity separate from its members. Trade unions in Pakistan generally function on plant-wide basis, with their membership contingent on the size of the industry/trade to which they belong. Once established, the trade unions and employers' associations have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes.
Collective Bargaining and Agreements
To determine the representative character of the trade union in industrial disputes and to obtain representation on committees, boards and commissions, the Industrial Relations Ordinance makes provision for the appointment of a Collective Bargaining Agent (CBA).
The CBA is a registered trade union elected by secret ballot. The CBA is entitled to undertake collective bargaining with the employer or employers on matters connected with employment, non-employment, the terms of employment or any right guaranteed or secured to it or any worker by or under any law, or any award or settlement
.
Collective agreements are thus formulated by the CBA. The agreements may contain matters such as the facilities in the establishment for trade union activities and procedures for settling collective disputes including grievances and disciplinary procedures. Substantive provisions settle terms and conditions of employment, wages and salaries, hours of work, holiday entitlement and pay, level of performance, job grading, lay-offs, retrenchment, sick pay, pension and retirement schemes. Such agreements once duly executed by both parties become the source of law. The agreements should invariably be in writing and should be drafted with care, for they are meant to settle disputes rather than raise them.
In addition to statutory benefits under the labour laws, the adjustment of rights takes place through collective bargaining including adjudication in Labour Courts. The IRO 2002 has changed the appellate procedure on the provincial level, which used to be brought before a Labour Appellate Tribunal. This institution was abolished by the IRO 2002. Appeals of Labour Court decisions now lie directly with provincial High Courts. Office bearers of trade unions are given protection against arbitrary transfer, discharge and dismissal. Any ill-intentioned action on the part of the employer against an office-bearer of a trade union or against a worker for trade union activities, is construed as an unfair practice and the National Industrial Relations Commission is entrusted with the task of preventing such offenses. Security of service is ensured to the workers. Similarly, unfair labour practices on the part of workers and trade unions is elaborated and incorporated in law.
Minimum Age and Protection of Young Workers
The Factories Act, 1934 allows for the employment of children between the ages of 14 and 18 years provided that each adolescent obtains a certificate of fitness from a certifying surgeon. A certifying surgeon, per section 52 of the Act, shall on the application of any child or adolescent who wishes to work in a factory, or, of the parent or guardian of such person, or of the factory in which such person wishes to work, examine such person and ascertain his or her fitness for such work.
The Act further restricts the employment of a child in a factory to five hours in a day. The hours of work of a child should thus be arranged in such a way that they are not spread over more than seven-and-a-half hours in any day. In addition, no child or adolescent is allowed to work in a factory between 7 p.m. and 6 a.m. The Provincial Government may, by notification in the Official Gazette in respect of any class or classes of factories and for the whole year or any part of it, vary these limits to any span of thirteen hours between 5 a.m. and 7.30 p.m. Moreover, no child is permitted to work in any factory on any day on in which he or she has already been working in another factory.
Factories are further required to display and correctly maintain in every factory a Notice of Periods for Work for Children, indicating clearly the periods within which children may be required to work. The manager of every factory in which children are employed is compelled to maintain a Register of Child Workers identifying the name and age of each child worker in the factory, the nature of his or her work, the group, if any, in which he or she is included, where his or her group works on shifts, the relay to which he or she is allotted, the number of his or her certificate of fitness granted under section 52, and any such other particulars as may be prescribed.
The provisions of the Factories Act, 1934 are cited in addition to, and not in derogation of the provisions of the Employment of Children Rules, 1995. The Employment of Children Rules extends to the whole of Pakistan with the exception of the State of Azad Jammu and Kashmir and delimits finite labour conditions afforded for the protection of minors. Rule 6 insists on cleanliness in the place of work. No rubbish, filth or debris shall be allowed to accumulate or to remain in any part of the establishment and proper arrangements shall be made for maintaining in a reasonable clean and drained condition for the workers of the establishment. Rule 7 further calls for proper ventilation in work places where injurious, poisonous or asphyxiating gases, dust or other impurities are evolved from any process carried on, in such establishment. As long as workers are present in an establishment, the latrines, passages, stairs, hoists, ground and all other parts of the establishment in so far as the entrance of the said places is not closed, must be lighted in such manner that safety is fully secured. In addition, in every establishment an arrangement of drinking water for child and adolescent workers is to be provided free of charge. All shafts, couplings, collars, clutches, toothend wheels, pulleys, driving straps, chains projecting set screws, keys, nuts and belts on revolving parts, employed in the establishment, shall be securely fenced if in motion and within reach of a child worker and further may not be operated by a child worker.
Under the Employment of Children Rules, anyone who employs a child or permits a child to work in contravention of the Constitution is punishable by imprisonment for a term extending up to one year or may be fined up to Rs. 20,000 or subject to both. Repetition of the offense is punishable by imprisonment for a term extending up to two years and shall not be less than six months.
Equality
Article 38 of the Constitution imparts the State’s obligations aimed at achieving equality in the form of securing the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants. All citizens are bestowed, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure and the basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective again of their sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment.
Pay Issues
Wages are construed as the total remuneration payable to an employed person on the fulfillment of his or her contract of employment. It includes bonuses and any sum payable for want of a proper notice of discharge, but excludes the value of accommodations i.e., supply of light, water, medical attendance or other amenities excluded by the Provincial Government; the employer’s contribution to a pension or provident fund, traveling allowance or concession or other special expenses entailed by the nature of his or her employment; and any gratuity payable on discharge.
The Payment of Wages Act, 1936, regulates the payment of wages to certain classes of industrial workers. It applies to those workers whose monthly wages do not exceed Rs. 3,000 (51.68 US$) and are employed in factories, railways, plantations, workshops and establishments of contractors. The main object is to regulate the payment of wages to certain classes of persons employed in industry. The provisions of the Act can, however, be extended to other classes of workers by the Provincial Governments after giving three months notice to the employers of their intention to do so. The Act stipulates that wages to workers employed in factories and on railways are to be paid within seven days of completion of the wages period, if the number of workers employed therein is less than 1,000. In other cases, the time limit for payment of wages to the workers is 10 days. No deduction can be made from the wages of the workers excepts as specified in the Act, such as for fines, breach of contract and the cost of damage or loss incurred to the factory in any way other than an accident.
The employer is responsible for the payment of all wages required to be paid to persons employed by him or her. Similarly any contractor employing persons in an industry is responsible for payment of wages to the persons he or she employs. The persons responsible for payment of wages must fix wage periods not exceeding one month. Wages should be paid on a working day within seven days of the end of the wage period, or within ten days if 1,000 or more persons are employed. The wages of a person discharged should be paid not later than the second working day after his or her discharge.
Minimum Age and Protection of Young Workers
The Factories Act, 1934 allows for the employment of children between the ages of 14 and 18 years provided that each adolescent obtains a certificate of fitness from a certifying surgeon. A certifying surgeon, per section 52 of the Act, shall on the application of any child or adolescent who wishes to work in a factory, or, of the parent or guardian of such person, or of the factory in which such person wishes to work, examine such person and ascertain his or her fitness for such work.
The Act further restricts the employment of a child in a factory to five hours in a day. The hours of work of a child should thus be arranged in such a way that they are not spread over more than seven-and-a-half hours in any day. In addition, no child or adolescent is allowed to work in a factory between 7 p.m. and 6 a.m. The Provincial Government may, by notification in the Official Gazette in respect of any class or classes of factories and for the whole year or any part of it, vary these limits to any span of thirteen hours between 5 a.m. and 7.30 p.m. Moreover, no child is permitted to work in any factory on any day on in which he or she has already been working in another factory.
Factories are further required to display and correctly maintain in every factory a Notice of Periods for Work for Children, indicating clearly the periods within which children may be required to work. The manager of every factory in which children are employed is compelled to maintain a Register of Child Workers identifying the name and age of each child worker in the factory, the nature of his or her work, the group, if any, in which he or she is included, where his or her group works on shifts, the relay to which he or she is allotted, the number of his or her certificate of fitness granted under section 52, and any such other particulars as may be prescribed.
The provisions of the Factories Act, 1934 are cited in addition to, and not in derogation of the provisions of the Employment of Children Rules, 1995. The Employment of Children Rules extends to the whole of Pakistan with the exception of the State of Azad Jammu and Kashmir and delimits finite labour conditions afforded for the protection of minors. Rule 6 insists on cleanliness in the place of work. No rubbish, filth or debris shall be allowed to accumulate or to remain in any part of the establishment and proper arrangements shall be made for maintaining in a reasonable clean and drained condition for the workers of the establishment. Rule 7 further calls for proper ventilation in work places where injurious, poisonous or asphyxiating gases, dust or other impurities are evolved from any process carried on, in such establishment. As long as workers are present in an establishment, the latrines, passages, stairs, hoists, ground and all other parts of the establishment in so far as the entrance of the said places is not closed, must be lighted in such manner that safety is fully secured. In addition, in every establishment an arrangement of drinking water for child and adolescent workers is to be provided free of charge. All shafts, couplings, collars, clutches, toothend wheels, pulleys, driving straps, chains projecting set screws, keys, nuts and belts on revolving parts, employed in the establishment, shall be securely fenced if in motion and within reach of a child worker and further may not be operated by a child worker.
Under the Employment of Children Rules, anyone who employs a child or permits a child to work in contravention of the Constitution is punishable by imprisonment for a term extending up to one year or may be fined up to Rs. 20,000 or subject to both. Repetition of the offense is punishable by imprisonment for a term extending up to two years and shall not be less than six months.
Equality
Article 38 of the Constitution imparts the State’s obligations aimed at achieving equality in the form of securing the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants. All citizens are bestowed, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure and the basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective again of their sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment.
Pay Issues
Wages are construed as the total remuneration payable to an employed person on the fulfillment of his or her contract of employment. It includes bonuses and any sum payable for want of a proper notice of discharge, but excludes the value of accommodations i.e., supply of light, water, medical attendance or other amenities excluded by the Provincial Government; the employer’s contribution to a pension or provident fund, traveling allowance or concession or other special expenses entailed by the nature of his or her employment; and any gratuity payable on discharge.
The Payment of Wages Act, 1936, regulates the payment of wages to certain classes of industrial workers. It applies to those workers whose monthly wages do not exceed Rs. 3,000 (51.68 US$) and are employed in factories, railways, plantations, workshops and establishments of contractors. The main object is to regulate the payment of wages to certain classes of persons employed in industry. The provisions of the Act can, however, be extended to other classes of workers by the Provincial Governments after giving three months notice to the employers of their intention to do so. The Act stipulates that wages to workers employed in factories and on railways are to be paid within seven days of completion of the wages period, if the number of workers employed therein is less than 1,000. In other cases, the time limit for payment of wages to the workers is 10 days. No deduction can be made from the wages of the workers excepts as specified in the Act, such as for fines, breach of contract and the cost of damage or loss incurred to the factory in any way other than an accident.
The employer is responsible for the payment of all wages required to be paid to persons employed by him or her. Similarly any contractor employing persons in an industry is responsible for payment of wages to the persons he or she employs. The persons responsible for payment of wages must fix wage periods not exceeding one month. Wages should be paid on a working day within seven days of the end of the wage period, or within ten days if 1,000 or more persons are employed. The wages of a person discharged should be paid not later than the second working day after his or her discharge.
Labour Legislation
Under the Constitution labour is regarded as a ‘concurrent subject’, which means that it is the responsibility of both the Federal and Provincial Governments. However, for the sake of uniformity, laws are enacted by the Federal Government, stipulating that Provincial Governments may make rules and regulations of their own according to the conditions prevailing in or for the specific requirements of the Provinces. The total labour force of Pakistan is comprised of approximately 37.15 million people, with 47% within the agriculture sector, 10.50% in the manufacturing & mining sector and remaining 42.50% in various other professions.
Contract of Employment
While Article 18 of the Constitution affords every citizen with the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business, the Industrial and Commercial Employment (Standing Orders) Ordinance was enacted in 1968 to address the relationship between employer and employee and the contract of employment. The Ordinance applies to all industrial and commercial establishments throughout the country employing 20 or more workers and provides for security of employment. In the case of workers in other establishments, domestic servants, farm workers or casual labour engaged by contractors, their labour contracts are generally unwritten and can be enforced through the courts on the basis of oral evidence or past practice.
Every employer in an industrial or commercial establishment is required to issue a formal appointment letter at the time of employment of each worker. The obligatory contents of each labour contract, if written, are confined to the main terms and conditions of employment, namely nature and tenure of appointment, pay allowances and other fringe benefits admissible, terms and conditions of appointment.
Termination of the Contract
The services of a permanent worker cannot be terminated for any reason other than misconduct unless one month’s notice or wages in lieu thereof has been furnished by the employer or by the worker if he or she so chooses to leave his or her service. One month’s wages are calculated on the basis of the average wage earned during the last three months of service. Other categories of workers are not entitled to notice or pay in lieu of notice.
All terminations of service in any form must be documented in writing stating the reasons for such an act. If a worker is aggrieved by an order of termination he or she may proceed under Section 46 of the Industrial Relations Ordinance 2002, aimed at regulating the labour-management relations in the country, and bring his or her grievance to the attention of his or her employer, in writing, either him or herself, through the shop steward or through his or her trade union within three months of the occurrence of the cause of action. Forms of termination have been described as removed, retrenched, discharged or dismissed from service. To safeguard against any colorful exercise of power, victimization or unfair labour practices, the Labour Courts have been given powers to examine and intervene to find out whether there has been a violation of the principles of natural justice and whether any action by the employer was bonafide or unjust.
Working Time and Rest Time
* Working hours
Under the Factories Act, 1934 no adult employee, defined as a worker who has completed his or her 18th year of age, can be required or permitted to work in any establishment in excess of nine hours a day and 48 hours a week. Similarly, no young person, under the age of 18, can be required or permitted to work in excess of seven hours a day and 42 hours a week. The Factories Act, which governs the conditions of work of industrial labour, applies to factories, employing ten or more workers. The Provincial Governments are further empowered to extend the provisions of the Act, to even five workers.
Where the factory is a seasonal one, an adult worker shall work no more than fifty hours in any week and no more than ten hours in any day. A seasonal factory, per section 4 of the Factories Act is that which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or cotton jute pressing, the manufacture of coffee, indigo, rubber, sugar or tea. However, if such adult worker in a factory is engaged in work, which for technical reasons must be continuous throughout the day, the adult worker may work no more than fifty-six hours in any week.
Section 8 of the West Pakistan Shops and Establishments Ordinance, 1969 likewise, restricts weekly work hours at 48 hours. The Shops and Establishments Ordinance regulates persons employed in shops and commercial establishments, who are neither covered by the Factories Act nor by the Mines Act. The Ordinance is exclusive in the whole of Pakistan except for the Federally Administered Tribal Areas. Section 22-B of the Mines Act, 1923 also fixes weekly hours of work for workers at 48 hours or 8 hours each day, with the limitation of spread-over 12 hours and interval for rest for one hour every six hours. Section 22-C further limits the spread-over to 8 hours for work done below ground level.
In factories, the periods and hours of work for all classes of workers in each shift must be notified and posted in a prominent place in the principal language in the industrial or commercial establishment. The law further provides that no worker shall be required to work continuously for more than six hours, unless he or she has had an interval for rest or meals of at least one hour.
During Ramadan (fasting month), special reduced working hours are observed in manufacturing, commercial and service organizations.
* Paid Leave
As provided in the Factories Act, 1934, every worker who has completed a period of twelve months continuous service in a factory shall be allowed, during the subsequent period of twelve months, holidays for a period of fourteen consecutive days. If a worker fails in any one such period of twelve months to take the whole of the holidays allowed to him or her, any holidays not taken by him or her shall be added to the holidays allotted to him or her in the succeeding period of twelve months.
A worker shall be deemed to have completed a period of twelve months continuous service in a factory notwithstanding any interruption in service during those twelve months brought about by sickness, accident or authorized leave not exceeding ninety days in the aggregate for all three, or by a lock-out, or by a strike which is not an illegal strike, or by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate; and authorized leave shall be deemed not to include any weekly holiday allowed under section 35 which occurs at beginning or end of an interruption brought about by the leave.
UN Convention on the Rights of the Child (CRC)
This Convention was adopted by the UN General Assembly on November 20, 1989. The scope of this convention extends to persons up to the age of 18. Pakistan has ratified this Convention in 1990. Article 32 of CRC reads
"State Parties recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development".
ILO's Minimum Age Convention 138
This Convention was adopted by ILO in 1973. It states that minimum age for employment may not be set lower than the age of completion of compulsory schooling and, in any event not less that 15 years (initially 14 years in the case of developing countries). Although spirit of this Convention is reflected in several Pakistani laws, it has yet to be formally ratified by the Government of Pakistan.
Laws in the United States of America Against Child Labour in Other Countries
The law makers in the United States of America have been legislating for many years to introduce bills that prohibit the import into their country of the products made by child labour. In 1997, the US Congress passed "the Bonded Child Labour Elimination Act" introduced by Rep. Bernard Sanders. The law amends Section 307 of the US Tariff Act of 1930 (19 USC 1307). After its passage, imports of articles produced or manufactured with bonded child labour , who are under the age of 15, are prohibited. The amended Section 307 of the Tariff Act now reads as follows.
All goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions or/ and bonded child labor shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited, and the secretary of the Treasury is authorized and directed to prescribe such regulations as may be necessary for the enforcement of this provision. The provisions of this section relating to goods. Wares, articles and merchandise mined, produced, or manufactured by forced labor or/ and intentured labour , shall take effect on January 1,1932. The president may waive the application of this section with respect to particular goods, wares, articles, or merchandise, if the president determines land certifies in writing to the Congress that it is in the national economic interest of the United States to allow the entry into the United States of such goods, wares, articles, or merchandise
In 1996 Senator Tom Harkin introduced the "Child Labour Free Consumer Information Act" in the Congress. The purpose of this Bill is to inform the consumers in the United States about a voluntary labeling system concerning wearing apparel or sports goods made without abusive and exploitative child labour. The Bill calls on the manufacturers to voluntarily label their products with "no child labour" guarantee to give the consumers an educated choice when they make their purchases.
Another legislation called the Harkin Bill was introduced by Senator Tom Harkin in 1992. The Bill has not yet been passed, but is introduced every year in the US Congress. It is also known as "The Child Labour Deterrence Act". The purpose of the bill as defined by its mover, is to eliminate the role of the Unite4d States in providing a market for foreign products made by children under the age of 15; supporting activities and programmes to extend primary education, rehabilitation and alternative skills training to underage child workers and to improve birth registration.
The above mentioned laws become especially relevant for exports from Pakistan viz; made up textiles, carpets, soccer balls, surgical instruments etc. Efforts are being made in Pakistan to ensure that our exports meet the child labour standards. This is especially true for Punjab from where most of exports orginate.
National Laws Pertaining to Child Labour
The Constitution of Islamic Republic of Pakistan states: "No child below the age of fourteen, shall be engaged in any factory or mine or in any other hazardous employment." Also, "All forms of forced labour and traffic in human beings is prohibited." A number of laws contain provisions prohibiting child labour or regulating the working conditions of child and adolescent workers. The most important laws are:
The Factories Act 1934.
The West Pakistan Shops and Establishments Ordinance 1969.
The Employment of Children Act 1991.
The Bonded Labour System Abolition Act 1992.
The Punjab Compulsory Education Act 1994
Saturday, November 28, 2009
An Ordinance CANAL AND DRAINAGE W.P. ORD: I OF 1970
Further to amend the Canal Drainage Act, 1873 in its application to the province of West Pakistan.
Preamble:__ WHEREAS it is expedient further to amend the Canal and Drainage Act, 1873 (VIII of 1873), in its application to the province of West Pakistan, in the manner hereinafter appearing;
Now, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Provincial Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:-
- Short title and commencement:- (1) This ordinance may be called the canal and Drainage (West Pakistan Amendment) Ordinance, 1970.
(2) It shall come into force at once.
- Amendment of section 20 of Act VIII of 1873: - in the Canal and Drainage Act, 1873, hereinafter referred to as the said Act, in section 20, in the last paragraph for the words “Divisional or” the words “Divisional Canal Officer or” shall be substituted.
- Amendment of section 68 of Act VIII of 1873.- In section 68 of the said Act-
- in sub-section (1) for the words “Divisional Canal Officer” the words- “Sub-Divisional Canal Officer” shall be substituted, and
- for sub-sections (2) and (3), the following sub-sections shall be substituted, namely:-
(2) Any person aggrieved by an order made by the Sub- divisional Canal Officer under sub-section (1) May, within fifteen days of the passing of such order, prefer an appeal against the order to the Divisional Canal Officer.
(3) Where an appeal has been preferred under sub-section (2), the Divisional Canal Officer-
- May, pending the disposal of the appeal, stay the operation of the order appealed against, provided such stay order does not adversely affect any standing crops.
4. An order passed under sub-section. (1) if there be no appeal preferred against it, and an order passed in appeal under sub section (2), shall be final as to the use or distribution of water for any crop sown or growing at the time when such order is made, and remain in force until it is set aside by a decree of a civil Court.”
NATIONAL RECONCILIATION ORDINANCE October 5, 2007
AN ORDINANCE to promote national reconciliation
WHEREAS it is expedient to promote national reconciliation, foster mutual trust and confidence amongst holders of public office and remove the vestiges of political vendetta and victimization, to make the election process more transparent and to amend certain laws for that purpose and for matters connected therewith and ancillary thereto;-
AND WHEREAS the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance;-
| 1. | Short title and commencement.
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| 2. | Amendment of section 494, Act V of 1898. In the Code of Criminal Procedure, 1898 (Act V of 1898), section 494 shall be renumbered as sub-section (1) thereof and after sub-section (1) renumbered as aforesaid, the following sub-section (2) and (3) shall be added, namely:-
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| 3. | Amendment of section 39, Act LXXXV of 1976. (1) In the Representation of the People Act, 1976 (LXXXV of 1976), in section 39, after sub-section (6), the following new sub-section (7) shall be added, namely:-
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| 4. | Amendment of section 18, Ordinance XVIII of 1999. In the National Accountability Ordinance, 1999 (XVIII of 1999), hereinafter referred to as the said Ordinance, in section 18, in clause (e), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- Provided that no sitting member of Parliament or a Provincial Assembly shall be arrested without taking into consideration the recommendations of the Special Parliamentary Committee on Ethics referred to in clause (aa) or Special Committee of the Provincial Assembly on Ethics referred to in clause (aaa) of section 24, respectively. | ||||||||||||||
| 5. | Amendment of section 24, Ordinance XVIII of 1999. In the said ordinance, in section 24,-
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| 6. | Amendment of section 31A, Ordinance XVIII of 1999. In the said Ordinance, in section 31A, in clause (a), for the full stop at the end a colon shall be substituted and thereafter the following new clause (aa) shall be inserted, namely:-
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| 7. | Insertion of new section, Ordinance, XVIII of 1999. In the said Ordinance, after section 33, the following new section shall be inserted, namely:-
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