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Pakistan (Punjab) Legislation |
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THE
C O N T E N T S
Sections
1. Short title and commencement.
2. Adaptation of Provincial Laws.
[1]THE
[
WHEREAS, clause (1) of Article 225 of the Constitution provides that, except as provided by the said Article, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate legislature;
AND, WHEREAS, clause (4) of the said Article provides that, for the purpose of bringing the provisions of any existing law into accord with the provisions of the Constitution (other than Part II of the Constitution), the President may make, by order, such adaptation, whether by way of modification, addition or omission, as he may deem to be necessary or expedient;
AND, WHEREAS, clause (5) of the said
Article provides that the President may authorise the Governor of a Province to
exercise, in
relation to the Province, the powers conferred on the President by
clause (4) of the said Article in respect of laws relating to
matters with
respect to which the legislature of the Province has power to make laws;
AND, WHEREAS, the President has been pleased to authorise the Governor of West Pakistan to exercise in relation to his Province the powers conferred upon the President by clause (4) of the said Article in respect of all laws made by any legislative authority in the Province, other than laws relating to any matter enumerated in the Third Schedule to the Constitution;
Now, THEREFORE, in exercise of the powers conferred as aforesaid, the Governor is pleased to make the following Order:---
1. Short title and commencement.— (1) This Order may be called the West Pakistan Laws (Adaptation) Order, 1964.
(2) It shall come into force at once and shall be deemed to have taken effect on the 8th day of June, 1962.
2. Adaptation of Provincial Laws.— (1) The laws specified in the Schedule, shall, until repealed or amended by the competent authority, have effect and be deemed to have at all material times had effect subject to the adaptations directed by the Schedule.
(2) References to any law in this Article and the Schedule shall be construed as references to that law as amended or modified by any subsequent law previous to this Order and as in force immediately before the commencement of this Order.
(3) Where the Order requires that, in any specified law or in any section or portion thereof, certain words shall be substituted for certain other words or that certain words shall be omitted, that substitution or omission, as the case may be, shall, except where it is otherwise expressly provided, be made wherever the words referred to occur in that law, or, as the case may be, in that section or portion.
SCHEDULE
[See SECTION 2(1)]
|
Serial
No. |
Year |
No. |
Subject
or short title |
Amendments |
|
1 |
2 |
3 |
4 |
5 |
|
PART I ACTS OF THE GOVERNOR-GENERAL APPLICABLE TO LOCAL AREAS |
||||
|
1 |
1887 |
XVI |
The Punjab Tenancy Act |
(a) In section 4— (i) in sub-clause (d) of clause (5) and sub-clause (b) of clause (10) for
“the Crown” substitute “Government”,
and (ii) in
clause (15), for “an officer of the
Crown”, substitute “a servant of
the State” and for “by the Crown” substitute “by Government”. (b) In
sub-section (3) of section 32 and sub-section (11) of section 53, for “the Crown, or against any officer
of the Crown”, substitute
“Government, or against any servant of the State”. (c) In
explanation (5) under sub-section (9) of section 115, for “Crown land”, substitute
“Government land”. |
|
2 |
1887 |
XVII |
The Punjab Land Revenue Act. |
(a) In
clause (6) of section 3, sub-section (3) of section 32, sub-sections (1), (2)
and (3) of section 42, section 59, sub-section
(1) of section 96 and section
139 (including the marginal note) for
“the Crown” substitute “Government”. (b) In section 41 for “the Crown for the purposes of the
Province, and the Provincial Government” substitute
“Government”. (ii) for “the Crown’s rights thereto” substitute “its rights thereto”. (c) In section 43
(including the marginal note), for “the
Crown” as also for “the Provincial
Government” substitute “Government”. (d) In
sub-section (2) of section 140, for “the
Crown, or against any officer of the Crown”, substitute “Government, or against any servant of the State”. |
|
3 |
1900 |
XIII |
The West Punjab Alienation
of Land Act. |
In sub-section (3) of section 1, omit “Central”. |
|
PART II PUNJAB ACTS
|
||||
|
1 |
1900 |
II |
The Punjab Land Preservation Act. |
(a) In sub-section (2) of
section 8, for “His Majesty for the
purposes of the Province” substitute “the
Provincial Government”. (b) In
sub-section (4) of section 8, clause (c)
of sub-section (2) of section 10 and in the marginal notes to sections 8 and
10, for “His Majesty”, substitute” the Provincial
Government”. (c) In
section 21, for “Crown”, substitute “Provincial Government”. |
|
2 |
1903 |
|
The Punjab Court of Wards Act. |
In section 29, for
“the Crown”, substitute “Government”. |
|
3 |
1905 |
II |
The Punjab Minor Canals Act. |
(a) In
the proviso to sub-section (2) of section 2— (i) in clause (a), for “His Majesty
for the purpose of the Province” substitute
“the Provincial Government”; and (ii) in
clause (b) for “servants of the Crown”, substitute
“servants of the State”. (b) In
clause (b) of sub-section (2) of
section 48, for “Crown for the
purposes of the Province”, substitute “Provincial
Government”; and in the marginal note of that section, for “the Crown”, substitute
“Government”. (c) In
sub-section (2) of section 67, for “Crown”,
substitute “Provincial Government”. (d) In section 72, for “servants of the Crown”, substitute
“servants of the State”. (e) In
sub-section (1) of section 74, for “officer of the Crown”, substitute “servant of the State”. |
|
4 |
1912 |
V |
The Colonization of Government Lands (Punjab) Act. |
(a) In
section 3, sub-section (2) of section 6, sections 14, 15, 28 (including the
marginal note) and 32, clause (a)
of section 33 and in conditions 1 and 5 of Schedule II, for “Crown”, or “the Crown”, substitute
“Government”. (b) In
section 4, for “Crown for the
purposes of the Province”, substitute “Provincial
Government”. (c) In
section 16 and in condition 2 of Schedule II, for “officer of the Crown”, substitute
“servant of the State”. (d) In
condition 2 of Schedule II and in the marginal note, for “the Crown” substitute “Government”. |
|
5 |
1913 |
I |
The Punjab Pre-emption Act. |
In section 9, for
“the Crown”, substitute “Government”. |
|
6 |
1914 |
I |
The Punjab Excise Act |
(a) In section 3— (i) omit clause (6-b); and (ii) in
clause (12), for “the Provinces and
the Capital of the Federation”, substitute
“Pakistan”. (b) In
clause (3) of the section 26, proviso to section 31 and section 63 for “the Provinces and the Capital of
the Federation”, substitute “Pakistan”. (c) In
section 31, for “An excise duty or
a counter-vailing duty as the case may be”, substitute “A duty”. (d) Omit section 33-A. (e) In
section 57, for “Crown”, substitute “Provincial Government”. |
|
7 |
1923 |
V |
The Punjab Local Option Act. |
In sub-clause (a)
of clause (2) of section 2, for “the
Provinces and the Capital of the Federation”, substitute “Pakistan”. |
|
8 |
1925 |
VIII |
The Sikh Gurdwaras Act. |
(a) In
section 49, for “Provincial
Legislative Assembly of the Punjab” substitute
“Provincial Assembly”. (b) In
clause (i) of sub-section (2) of
section 70, for “Service of the
Crown”, substitute “Service of the
State”. (c) In section 92, for “Provincial Legislative Assembly”, substitute “Provincial Assembly”. |
|
9 |
1926 |
V |
The Punjab Aerial Ropeways
Act. |
(a) In section 5, for “the Crown” substitute “Government”. (b) In clause (ix) of sub-section (4) of section 6, omit “except railway as defined by the Government of India Act,
1935, and with the previous sanction of the Central Government, over
such
railways”. |
|
10 |
1926 |
X |
The Good Conduct Prisoners’ Probational Release Act. |
In sections 2 and 7, for “servant of the Crown” substitute
“servant of the State”. |
|
11 |
1926 |
XI |
The Punjab Borstal Act. |
(a) In section 15, for “servant of the Crown”, substitute
“servant of the State”. (b) In section 28— (i) in
sub-section (1)— (1) for clause (a), substitute the following— “(a) any
Court or Tribunal acting within or without Pakistan under the general or
special authority of the Central or any Provincial
Government; or” and (2) in clause (b), omit sub-clause (i) and in sub-clause (ii), for “Province”, substitute “Punjab”. (ii) in
sub-section (2), for “officer of
the Crown” substitute “servant of
the State”. (c) In
section 31, in sub-section (1), sub-section (2), and in sub-section (4) where
it occurs for the first time, for “Province”,
substitute “Punjab”. (d) In
sub-clause (viii) of clause (14) of
section 34, for “the Province and
the Capital of the Federation”, substitute
“Pakistan”. |
|
12 |
1934 |
VII |
The Punjab Relief of Indebtedness Act. |
In explanation (i)
to sub-section (2) of section 7, for “His
Majesty’s”, substitute “Pakistan”. |
|
13 |
1935 |
V |
The Punjab State Aid to Industries Act. |
(a) In clause (b) of section 17, for “His
Majesty for the purposes of the Province”, substitute the “Provincial Government”. (b) In
clauses (c) and (e) of section 38, for “Crown”, substitute “Provincial
Government”. |
|
14 |
1936 |
II |
The Punjab Debtors’ Protection Act. |
(a) In clause (1) of section 2— (i) after
“Parliament”, insert “of the United
Kingdom”; and (ii) for “a Province”, substitute “Pakistan”. (b) In clause
(2) of section 2— (i) after
“Parliament”, insert “of the United
Kingdom”; and (ii) for “a Province”, substitute “Pakistan”. |
|
15 |
1939 |
V |
The Punjab Agricultural Produce Market Act. |
(a) In
sub-section (2) of section 4, for “the
Crown”, substitute “Government”. (b) In
sub-section (2) of section 8, for “servants
of the Crown”, substitute “servants
of the State”. (c) In clause (b) of sub-section (2) of section 25, for “His Majesty for the purposes of the Province and the Crown
shall”, substitute “the Government
and the Government shall”. |
|
16 |
1940 |
X |
The Punjab Trade Employees Act. |
In section 17, for,
“service of the Crown”, substitute “service
of the State”. |
|
17 |
1945 |
I |
The Badshahi Mosque Fund Cess Act. |
In sub-sections (1) and (2) of section 3, for “the Crown”, substitute “the Provincial Government”. |
|
18 |
1949 |
IV |
The West Punjab Cotton (Control) Act. |
in sections 4, 13(2) and 23, for “Province”, substitute “Punjab”. |
|
19 |
1949 |
XV |
The Thal Development Act. |
(a) In the preamble, omit “the Province of”. (b) In
sub-section (1) of section 43, for “under
the provisions of the Government of India Act, 1935”, substitute “under the Constitution”. |
|
20 |
1949 |
XVII |
The West Punjab Electricity (Emergency Powers)
(Control of Supply) Act |
(a) In
the preamble, omit “Province of”. (b) In
sub-section (2) of section 1, omit “the
Province of”. (c) In
sub-section (2) of section 17, for “the
Crown”, substitute “the Provincial
Government”. |
|
21 |
1950 |
XVI |
The Punjab Crown Lands Resumption of Grants and
Extinguishment of Rights Act. |
In the long title, Preamble and
sections 1 and 3, for “Crown”, substitute “Government”. |
|
22 |
1950 |
XXXI |
The Punjab Flood Relief Cess Act. |
In clause (b)
of section 2, for “Crown”, substitute “Government” |
|
23 |
1952 |
IX |
The Punjab Abolition of Jagirs Act. |
In sub-clauses (a)
and (b) of clause (1) of section 2,
for “the Crown”, substitute “State”. |
|
24 |
1952 |
XV |
The Punjab Development of Damaged Areas Act. |
In sub-section (2) of section 28, for “Province”, substitute “Punjab”. |
|
25 |
1953 |
V |
The Punjab Children Act. |
(a) In
sub-section (2) of section 1, omit “the
Province of”. (b) In
sections 30 and 34, for “Province”,
substitute “Punjab”. |
|
26 |
1953 |
XV |
The Punjab Youthful Offenders Act. |
In the long title, preamble and sub-section (2) of
section 1, omit “the Province of”. |
|
PART III (A) PUNJAB ACTS AS APPLICABLE TO N.W.F.P. |
||||
|
1 |
1903 |
II |
The Punjab Court of Wards Act. |
In section 29, for
“the Crown”, substitute “Government”. |
|
2 |
1905 |
III |
The Punjab Minor Canals Act. |
(a) In
the proviso to sub-section (2) of section 2— (i) in clause (a), for “His Majesty
for the purposes of the Province”, substitute
“the Provincial Government”; and (ii) in
clause (b), for “servants of the Crown”, substitute
“servants of the State”. (b) In
clause (b) of sub-section (2) of
section 48, for “Crown for the
purposes of the Province”, substitute “Provincial
Government”, and in the marginal note of that section, for “the Crown”, substitute
“Government”. (c) In
sub-section (2) of section 67, for “Crown”,
substitute “Provincial Government”. (d) In section 72, for “servants of the Crown”, substitute
“servants of the State”. (e) In
sub-section (1) of section 74, for “officer
of the Crown”, substitute “servant
of the State”. |
|
3 |
1914 |
I |
The Punjab Excise Act. |
(a) In
section 3— (i) omit clause (6-b); and (ii) in
clause (12), for “the Provinces and
the Capital of the Federation”, substitute
“Pakistan”. (b) In
clause (3) of section 26, proviso to section 31 and section 63, for “the Provinces and the Capital of
the Federation”, substitute “Pakistan”. (c) In
section 31, for “An excise duty or
a countervailing duty, as the case may be”, substitute “A duty”. (d) Omit section 33-A. (e) In
section 57, for “Crown”, substitute “Provincial Government”. |
|
(B) ACTS OF THE N.W.F.P. LEGISLATURE |
||||
|
1 |
1934 |
I |
Indian Arms (North-West
Frontier Province Amendment) Act. |
In the long title, preamble and sub-sections (1) and
(2) of section 1, omit “Province”. |
|
2 |
1934 |
III |
The
North-West Frontier Province Legal Practitioners Act. |
In the long title, preamble and sub-sections (1) and
(2) of section 1, omit “Province”. |
|
3 |
1935 |
VII |
The North-West Frontier
Province Village Council Act. |
In section 23, for
“the Crown”, substitute “Government”. |
|
4 |
1937 |
VI |
The Hazara Forest Act. |
(a) In
sections 4, 30 and 32, for “Crown
for the purposes of the Province”, substitute
“Provincial Government”. (b) In
sections 5, 6, 12(3), 31, 33, 42 and 56, for
“Crown”, substitute “Provincial
Government”. |
|
5 |
1938 |
V |
The North-West Frontier
Province Control of Public Utility Services Act. |
In the long title and sub-sections (1) and (2) of
section 1, omit “Province”. |
|
6 |
1938 |
XI |
The North-West Frontier Province Prohibition Act. |
(a) In
the long title, preamble, sub-sections (1), (2) and (4) of section 1, section
2, clauses (6) and (7) of section 3, and clause
(c) of the proviso to section 6, omit “Province”. (b) In
the ‘preamble, for “said Province”,
substitute ‘said territories”. (c) In the proviso to clause (b) of section 6, for “Province” occurring for the first time, substitute “North-West Frontier” and omit “Province” occurring for the second time. (d) In section 55 (including the marginal note),
for “Crown”, substitute “Provincial Government”. |
|
7 |
1938 |
XII |
The North-West Frontier Province Famine Relief Fund
Act. |
(a) In
sub-sections (i) and (ii) of section 1, section 2, section 3
(including its marginal note) and clause (i)
of section 5, omit “Province”. (b) In
section 4 and sub-section (2) of section 7, for “the revenues of the Province” substitute “the Provincial Consolidated Fund”. (c) In
clause (ii) of section 5 and clause
(i) of the proviso to section 5, for “said Province” substitute “said territories”. |
|
8 |
1939 |
X |
The North-West Frontier Province Dadar Tuberculosis Sanitori | |