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THE PUNJAB BOARD OF REVENUE ACT

THE PUNJAB BOARD OF REVENUE ACT, 1957

THE PUNJAB BOARD OF REVENUE ACT, 1957   The Punjab Board of Revenue Act, 1957, is a significant piece of legislation in the province of Punjab, Pakistan, that governs the establishment, functions, and powers of the Board of Revenue. This act plays a pivotal role in the administration of land revenue and the management of land records, ensuring efficient land revenue collection and management within the province.   SECTIONS                        CONTENTS             1.         Short title, extent and commencement.             2.         Definitions.             3.         Constitution of a Board of Revenue.             4.         Superintendence and control of Revenue Officers and Revenue Courts.             5.         Powers of the Board.             6.         Conduct of business.             7.         Revision of orders by the Board.             8.         Review of orders by the Board.             9.         Power to make rules.             10.       Savings and validation.             11.      Repeal of West Pakistan Ordinance XII of 1956 and continuance of action taken thereunder.     THE PUNJAB BOARD OF REVENUE ACT, 1957   (W.P. Act XI of 1957) 28th  February 1957 An Act to provide for the constitution of a Board of Revenue for the Punjab   Preamble : —   WHEREAS it is expedient to provide for the constitution of a Board of Revenue for the Punjab:   It is hereby enacted as follows : —   Short title, extent and commencement : — (1) This Act may be called the Punjab Board of Revenue Act, 1957. (2)        It extends to the whole of the Province of the Punjab] except the Tribal Areas. (3)        It shall be deemed to have come into force on and from the 14th day of October, 1955.   Definitions : — Unless there is anything repugnant in the subject or context : — (i)         “Board” means the Board of Revenue established under this Act; (ii)        “Government” means the Government of the Punjab; and (iii)       “Member” means a member of the Board of Revenue established under this Act.   Constitution of a Board of Revenue : — (1) There shall be a Board of Revenue for the Punjab which shall consist of such Members as may be appointed by the Government from time to time. (2)        The Government may, whenever considered necessary or expedient, appoint or remove a Member.   Superintendence and control of Revenue Officers and Revenue Courts : — (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, but subject to the provisions of sub-section (2), and to any orders of the Government with respect to the appointments and conditions of service of Revenue Officers, the general superintendence and control over all Revenue Officers and Revenue Courts in West Pakistan shall vest in, and all such officers, in so far as their functions as Revenue Officers are concerned, shall be subordinate to the Board. (2)        The Board shall be subject to the control of the Government, and in all matters, other than those in which the Board exercises appellate and revisional jurisdiction, the Government shall have power to issue such directions to the Board as may be considered necessary or expedient and the Board shall carry out those directions.   Powers of the Board : — (1) The Board shall be the controlling authority in all matters connected with the administration of land, collection of land revenue, preparation of land records and other matters relating thereto. (2)        The Board shall be the highest court of appeal and revision in revenue cases in the Province. (3)        All proceedings relating to any of the matters referred to in sub-sections (1) and (2) which immediately before the date of coming into force of this Act, were pending before the final appellate or revisional authority of any Province, State or other territory or area which has been included in the Province of West Pakistan, shall stand transferred to the Board.   Conduct of business : — (1) Subject to the approval of the Government, the Board may distribute its business amongst its members and may, by rules, regulate the procedure of all proceedings before it. (2)        Any order made or a decree passed by a Member shall be deemed to be the order or decree of the Board. (3)        Where in a case which the Members of the Board are required to dispose of collectively, in accordance with the rules framed under this Act, there is a difference of opinion amongst the Members as to the decision to be given on any point : — (a)        it shall be decided according to the opinion of the majority of Members if there is such a majority; and (b)        if the Members are equally divided, the Members shall state the point on which they differ and the case shall then be heard, on that point, collectively by those Members who heard it and by another Member, and if there is no such Member, by an additional Member to be appointed by the Government for the purpose of that case, and then the point on which there is the difference of opinion shall be decided according to the opinion of the majority of all such Members.   Revision of orders by the Board : — (1) Any order made or a decree passed by a Member either on appeal or in revision shall, subject to any order made or decree passed under the provisions of sub-sections (2) and (3) of this section and of section 8, be final. (2)        Any person considering himself aggrieved by an order made or a decree passed by a Member, in such class of cases as may be specified in the rules framed under section 9 of this Act, may apply to the Board for revision of such order or decree, and if the Full Board considers that there are sufficient reasons for doing so, it may revise that order or decree and pass such further order as it may think fit after hearing the applicant: Provided that no revision shall lie to the Full Board

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The Punjab Service Tribunals Act, 1974

The Punjab Service Tribunals Act, 1974

The Punjab Service Tribunals Act, 1974   The Punjab Service Tribunals Act, 1974, is a significant piece of legislation in Pakistan, particularly within the Punjab province, that establishes Service Tribunals to adjudicate on disputes and grievances related to the conditions of service of government employees. This act plays a pivotal role in safeguarding the rights and interests of government servants by providing them with a dedicated forum for the resolution of employment-related issues.   Contents     Preamble   1. Short title, commencement and application   2. Definitions   3. Tribunals   3-A. Constitution of Benches   4. Appeal to Tribunals   5. Power of Tribunals   6.      7.     8. Abatement of suits and other proceedings   9. Applicability of the provisions of the Limitation Act, 1908   10.     11. Rules   12. Repeal of Punjab Ordinance No. V of 1974     FIRST SCHEDULE     SECOND SCHEDULE     THE PUNJAB SERVICE TRIBUNALS ACT, 1974   IX OF 1974 20th June, 1974 An Act to provide for the establishment of [Service] Tribunals to exercise jurisdiction regarding matters relating to the terms and conditions of service in respect of services of the Province of the Punjab. Preamble: Whereas it is expedient to provide for the establishment of [Service] Tribunals to exercise exclusive jurisdiction regarding the matters relating to the terms and conditions of service in respect of the services of the Province of the Punjab and for matters connected therewith or ancillary thereto; It is hereby enacted as follows: Short title, commencement and application: (1) This Act may be called the Punjab [Service] Tribunals Act, 1974. (2) It shall come into force at once. (3) It applies to all civil servants wherever they may be. 2. Definitions: In this Act, unless there is anything repugnant in the subject or context: (a) ‘Chairman means the Chairman of the Tribunal; (b) ‘Civil Servant’ means a person who is or who has been member of a civil service of the Province or who holds or has held a civil post in connection with the affairs of the. Province but does not include:- (i) a person who is or who has been on deputation to the Province from the Federation or any other Province or authority; (ii) a person who is or who has been employed on contact, or on work-charged basis, or who is or has been paid from contingencies; or (iii) a person who is or has been a ‘worker’ or ‘workman’ as defined in the Factories Act, 1934 (XXV of 1934) or the Workmen’s Compensation Act, 1923 (VIII of 1923); (c) ‘Government’ means the Government of the Punjab; (d) ‘Governor’ means the Governor of the Punjab; (e) ‘Member’ means the Member of the Tribunal; (f) ‘Registrar’ means the Registrar of a Tribunal and includes any other person authorised by a Tribunal to perform the functions and duties of the Registrar; and (g) ‘Tribunal’ means a [Service] Tribunal established by this Act, or a Bench thereof. 3. Tribunals; (1) The Governor may, by notification in the official Gazette, establish one or more Service Tribunals, and, where there are established more than one Tribunal, the Governor shall specify in the notification the class or classes of civil servants in respect of whom all the territorial limits within or the class or classes of cases in respect of which each such Tribunal shall exercise jurisdiction under this Act. (2) A Tribunal shall have exclusive jurisdiction in respect of matters relating to the terms and conditions .of service of civil servants, including disciplinary matters. (3) A Tribunal shall consist of- (a) A Chairman, being a person who has been or is qualified to be judge of a High Court; and (b) two members each of whom is a person who possesses such qualifications as may be prescribed by rules. (4) The Chairman and members of a Tribunal shall he appointed by the Governor on such terms; and conditions as he may determine. (5) The Chairman or a member of a Tribunal may resign his office by writing under his hand addressed to the Governor. (6) The Chairman or a member of a Tribunal hall not hold any other office of profit in the service of Pakistan if his remuneration is hereby increased. (7) Notwithstanding anything contained in sub-section (3), sub-section (4), sub-section (5) or sub-section (6), a Tribunal established to exercise jurisdiction in respect of a specified class or classes of cases, may consist of one or more persons in the service of Pakistan to be appointed by the Governor.] 3-A. Constitution (if Benches: (i) Notwithstanding anything contained in Section 3, the Chairman may constitute a Bench consisting of himself or one member only or two Members without the Chairman or the Chairman and a Member and when so constituted a Bench shall be deemed to be a Tribunal. (2) If a Bench is unable to arrive at a unanimous decision in an appeal, the matter shall he placed before the full Tribunal and the decision of the Tribunal shall he expressed in terms of (he opinion of the majority: Provided that if the Chairman or the Member who was not already on the Bench cannot he associated or is unable for any reason to take part in the hearing of the appeal, the decision of the Tribunal shall be expressed in terms of the opinion of the senior member of the Bench. (3) The Chairman may, at any stage of hearing of any appeal, withdraw it from the Tribunal and entrust it to a Bench or may withdraw any appeal pending before a Bench and make it over to another Branch or to the Tribunal]. 4. Appeal to Tribunals: (i) Any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in respect of any of the terms and condition of his service may, within thirty days of the communication of such order to him or within six months of

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THE PUNJAB CIVIL SERVICES (Delegation of Powers) RULES, 1983

THE PUNJAB CIVIL SERVICES (Delegation of Powers) RULES, 1983

THE PUNJAB CIVIL SERVICES (Delegation of Powers) RULES, 1983 The Punjab Civil Services (Delegation of Powers) Rules, 1983, hold significant importance in the governance and administration of the Punjab province in Pakistan. These rules provide the legal framework for the delegation of powers within the Punjab Civil Services, enabling efficient decision-making and administrative processes. They play a pivotal role in streamlining the functioning of the civil services and enhancing governance. 22nd  November, 1983.   In exercise of the powers conferred on him by Article 241 of the Constitution of the Islamic Republic of Pakistan read with provisional Constitution Order, 1981 (CMLA’s Order, I of 1981) the Governor of the Punjab is pleased to make the following Rules, namely: Short title and commencement: (1) These rules may be called the Punjab (Civil Services) Delegation of Powers Rules, 1983. (2) They shall come into force with immediate effect. Definitions: In these rules, unless the context otherwise requires the following expressions shall have the meanings hereby respectively assigned to them, that is to say: (a) ‘Appendix’ means an appendix to these rules: (b) ‘Chief Secretary’: means the Chief Secretary to Government. (c) ‘Government’ means the government of the Punjab. Powers of appointing authorities: All authorities competent to transfer, suspend and take other disciplinary action against a Government servants whom they are competent to appoint. Powers of other authorities: (a) The authorities competent to transfer, suspend and take other disciplinary action against a Government servant shall have the powers indicated in Appendix B in respect of the Government servants whom they are competent to transfer, suspend or take other disciplinary action,. (b) The authorities declared as Controlling officers by the Administrative Department shall have the powers of Controlling officers in respect of Civil Servants for whom they have been declared as such. 5. The authorities specified in column 2 of Appendix ‘C’ shall have the powers of the appointing authority shown in column 3 of the said Appendix in respect of such Government servants under their administrative control, as are indicated in column 4 thereof. Powers of Chief Secretary: The Chief Secretary shall, in addition to the powers vested in him under rules 3 and 4, have the powers indicated in Appendix D. Powers of the Administrative Department: The Administrative Department shall exercise the powers in column 2 of Appendix ‘E’ to the extent mentioned in column 3. In addition, the Administrative Secretaries shall have powers in respect of ministerial establishment employed/posted in the respective Secretariat Departments with regard to the following items mentioned in Appendix ‘A’ subject to the condition specified in column 3 thereof against each item.   The Heads of Attached Departments and other sub-ordinate authorities mentioned in column 3 of Appendix ‘F’ shall exercise powers in the cases detailed in column 2 to the extent specified in column 4. Powers to be in supersession of existing powers: The powers delegated under these rules shall be in supersession of the powers delegated under any rule, order, notification or instrument in force in the Punjab. Where, however, these rules make no provision, the delegations in force immediately before the issue of these rules will continue to remain in force. The West Pakistan (Civil Services) Delegation of Powers Rules, 1962 are hereby repealed. Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly [contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

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THE PROVIDENT FUNDS ACT, 1925

THE PROVIDENT FUNDS ACT, 1925

THE PROVIDENT FUNDS ACT, 1925   The Provident Funds Act, 1925, is a crucial piece of legislation in Pakistan that governs the establishment and operation of provident funds for the benefit of employees. This act ensures that employees receive financial security and retirement benefits by mandating employers to contribute to provident funds. It plays a pivotal role in promoting long-term savings and financial stability for workers. 27th AUGUST. 1925 An Act to amend and consolidate the law relating to Government and other Provident Funds. WHEREAS it is expedient to amend and consolidate the law relating to Government and other Provident Funds ;   It is hereby enacted as follows : —   Short title extent and commencement. — (l) This Act may be called the Provident Funds Act, 1925. (2) It extends to the whole of Pakistan. (3) It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint.   Definitions. In this Act, unless there is anything repugnant in the subject or context, — (a) ” compulsory deposit” means a subscription to, or deposit in, a Provident Fund which, under the rules of the Fund, is not, until the happening of some specified contingency, repayable on demand otherwise than for the purpose of  Payment of Premia in respect of a policy of life insurance or the payment of subscriptions or premia in respect of a family pension fund , and includes any contribution 6   and any interest or increment which has accrued under the rules of the Fund on any such subscrip­tion, deposit or contribution, and also any such subs­cription deposit, contribution, interest or increment remaining to the credit of the subscriber or depositor after the happening of any such contingency ; (b) ” contribution” means any amount credited in a Provident Fund, by any authority administering the Fund , by way of addition to, a subscription to, or deposit or balance ; t the credit of an individual account in,  the Fund ; and ” contributory Provident Fund ” means a Provident Fund the rules of which provide for the crediting of contributions ; (e) ” dependant ” means any of the following relatives of a deceased subscriber to, or a depositor in, a Provident Fund, namely, a wife, husband, parent, child, minor brother, unmarried sister and a deceased sons widow and child, and, where no parent of the subscriber or depositor is alive, a paternal grand-parent; (d)  Government Provident Fund ” means a Provident Fund, other than a Railway Provident Fund, con­stituted by the authority of the Secretary of State, the Federal Government, the Crown Representative or any Provincial Government  for any class or classes of  persons in the service of the State or of persons employed in educational institutions or em­ployed by bodies existing solely for educational purposes, and references in this Act to the Go­vernment shall be construed accordingly ; (e) ” Provident Fund ” means a fund in which subscrip­tions or deposits of any class or classes of employees are received and held on their individual accounts, and includes any contributions and any interest or increment accruing on such subscriptions, deposits or contributions under the rules of the Fund ; (f) ” Railway administration ” means — (i) any company administering a railway or tramway in Pakistan under a Pakistan law, or under contract with the Government, or (ii) the manager of any railway administered by the Federal Government or the manager of any tram­way administered by a Provincial Government; and. (g) ” Railway Provident Fund”  means a  Provident Fund constituted by the authority of a railway ad­ministration for any clash or classes of its employees.   Protection of compulsory deposits. — (1) A compulsory deposit in any Government or Railway Provident Fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Civil, Revenue or Criminal Court in respect of any debt or liability incurred by the subscriber or depositor, and neither the Official Assignee nor any receiver appointed under the Provincial Insolvency Act, 1920, shall be entitled to, or have any claim on, any such compulsory deposit. (2) Any sum standing to the credit of any subscriber to, or depositor in, any such Fund at the, time of his decease and payable under the rules of the Fund to any dependant of the subscriber or depositor, or to such person as may be authorised by law to receive payment on his behalf shall, subject to any deduction authorised by this Act and, save where the dependant is the widow or child of the subscriber or depositor, subject also to the rights of an assignee under an assignment made before the commencement of this Act, vest in the dependant, and shall, subject as aforesaid, be free from any debt or other liability incurred by the deceased or incurred by the dependant before the death of the subscriber or depositor.   Provisions regarding repayments. — (1) When under the rules of any Government or Rail­way Provident Fund the sum landing to the credit of any sub­scriber or depositor, or the balance thereof after the making of any deduction authorised by this Act, his become payable, the officer whose duty it is to make he payment shall pay the sum or balance, as the case may he. to the subscriber or depositor, or, if he is dead, .ball — (a) if the sum or balance, or any part thereof, vests in a dependant. under the provisions of section 3, pay the same to the dependant or to such person as may be authorised by law to receive payment on his behalf; or (b) if the whole sum or balances the case may be, does not exceed five thousand rupees, pay the same, or any part there of, which is not payable under clause (a), to any person nominated to receive it under the rules of the Fund, or, if

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The Protection of Breast-feeding and Child Nutrition Ordinance, 2002

The Protection of Breast-feeding and Child Nutrition Ordinance, 2002

The Protection of Breast-feeding and Child Nutrition Ordinance, 2002   XCIII OF 2002 The Protection of Breast-feeding and Child Nutrition Ordinance, 2002, is a significant legal framework in Pakistan dedicated to safeguarding the health and nutrition of infants and young children. This ordinance places a strong emphasis on promoting and protecting breastfeeding as the optimal method of feeding infants, ensuring that every child in the country has access to proper nutrition during the critical early stages of development. 26th  October, 2002 AN ORDINANCE To provide for protection of breast-feeding and nutrition for infants and young children   The following Ordinance promulgated by the President is hereby published for general information:-   WHEREAS it is expedient to ensure safe and adequate nutrition for infants and young children by promoting and protecting breast-feeding, and by regulating the marketing and promotion of designated products including breast milk substitutes, and of feeding bottles, valves for feeding bottles, nipple shields, teats and pacifier and to provide for matters connected therewith or ancillary thereto; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:-     CHAPTER I INTRODUCTORY Short title, extent and commencement.- (1) This Ordinance may be called the Protection of Breast-feeding and Child Nutrition Ordinance, 2002. (2) It extends to the whole of Pakistan. (3) It shall come into force at once.   Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context, (a) “infant” means a child up to the age of twelve months; (b) “young child” means a child from the age of twelve months up to the age of two years; (c) “advertise” or “advertising” means to make any representation by any means whatsoever for the purpose of promoting sale or use of a designated product; (d) “Board” means the National Infant Feeding Board constituted under section 3; (e) “container” means any form of packaging of a designated product for sale as a retail unit; (f) “designated product” means- Any milk manufactured, marketed and promoted for the use of an infant or otherwise represented as a partial or total replacement for mother’s milk, whether or not it is suitable for such replacement; ii. Any products manufactured, marketed, promoted or otherwise represented as a complement to mother’s milk to meet the growing nutritional needs of an infant: iii. Any feeding bottle, teat, valve for feeding bottle, pacifier or nipple shield; and iv. Such other product as the Federal Government may, by notification in the official Gazette, declare to be a designated product for the purposes of this Ordinance; (g) “complementary food” means any food suitable as an addition to breast milk or to a breast milk substitute when either becomes insufficient to satisfy the nutritional requirements of an infant, also commonly called “weaning food” or “breast milk and young child supplement”; (h) “infant-formula” means an animal or vegetable based milk product manufactured in accordance with the standards recommended by the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children to approximate the normal nutritional requirements of an infant up to the age of six months; (i) “feeding bottle” means any bottle or receptacle marketed for the purpose of feeding an infant or a young child; (j) “nipple shield” means an appliance with a teat for a baby to suck from the breast; (k) “pacifier” means an artificial teat for babies to suck, also called “dummy”; (l) “follow-up formula” means an animal or vegetable based milk product marketed for infants older than six months or young child and formulated industrially in accordance, with the standards of the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children; (m) “distributor” means any person engaged in the business of marketing, whether wholesale or retail, and includes a person providing product public relations and information services; (n) “health care facility” means a Government, non-Government, semi-Government or private institution or organization, or private medical practitioner engaged, directly or indirectly, in the provision of health care to infants, young children, pregnant women or mothers, and includes a day-care center, nursery and any other child-care institution; (o) “health professional” means a medical practitioner, nurse, nutritionist or such other persons as the Federal Government may, by notification in the official Gazette, specify; (p) “health worker” means any person providing services to infants, young children, pregnant women or mothers as a medical practitioner, and includes a health professional, homeopath practitioner, hakim, nurse, midwife, traditional birth attendant, pharmacist, dispensing chemist, nutritionist, hospital administrator or employee, whether professional or not, whether paid or not, and any other person providing such services as the Federal Government may, by notification in the official Gazette, specify; (q) “Inspector” means any person designated as Inspector under section 12; (r) “label” means any tag, mark, pictorial or other descriptive matter which is written, printed, stencilled, marked, embossed, attached or otherwise appearing on a container; (s) “manufacturer” means a person, corporation or other entity engaged or involved in the business of producing, processing, compounding, formulating, filling, packing, repacking, altering, ornamenting, finishing and labeling a designated product, whether directly, through an agent, or through a person controlled by or under an agreement; (t) “market” means any method of introducing or selling a designated product, and includes, but not limited to, promotion, distribution, advertising, distribution of samples, product public relations and product information services; (u) “person” means any individual, partnership, association, unincorporated organization, company, co-operative, corporation, trustee, agent or any group of persons; (v) ” prescribed” means prescribed by rules; (w) “promote” or “promotion” means any method of introducing a person

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THE PRISONERS ACT, 1900

THE PRISONERS ACT, 1900 (Punjab Act III of 1900)

THE PRISONERS ACT, 1900 (Punjab Act III of 1900)   The Prisoners Act, 1900, specifically Punjab Act III of 1900, is a significant piece of legislation governing the treatment, rights, and management of prisoners within the Punjab province of Pakistan. This act outlines the legal framework for the confinement, care, and rehabilitation of individuals in correctional facilities, with a strong emphasis on ensuring humane treatment and due process. It plays a vital role in upholding the rights and dignity of prisoners while also addressing the various aspects of their incarceration. C O N T E N T S PART — I PRELIMINARY Sections Short title and extent. Definitions. PART II GENERAL Officers incharge of prisons to detain persons duly committed to their custody. Officers incharge of prisons to return writs, etc., after execution or discharge. PART III [PRISONER IN THE PRESIDENCY-TOWNS] [Omitted] PART IV EXECUTION OF SENTENCES References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools. Power for officers incharge of prisons to give effect to sentences of certain Courts. Warrant of officer of such Court to be sufficient authority. Procedure where officer incharge of prison doubts the legality of warrant sent to him for execution under this Part. Execution in the Provinces, etc., of certain capital sentences not ordinarily executable there.   PART V [PERSONS UNDER SENTENCE OF PENAL SERVITUDE] [Omitted] PART VI REMOVAL OF PRISONERS References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools. Removal of prisoners. Lunatic prisoners how to be dealt with. [Repealed] PART VII PERSONS UNDER SENTENCE OF TRANSPORTATION Appointment of places for confinement of persons under sentence of transportation and removal thereto. PART VIII DISCHARGE OF PRISONERS Release, on recognizance, by order of High Court, of prisoner recommended for pardon. PART IX PROVISIONS FOR REQUIRING THE ATTENDANCE OF PRISONERS AND OBTAINING THEIR EVIDENCE Attendance of prisoners in court References in this Part to prisons, etc. to be construed as referring also to Reformatory Schools. Power for Civil Court to require appearance of prisoner to give evidence. District Judge in certain cases to countersign orders made under section 35. Power for certain Criminal Courts to require attendance of prisoner to give evidence or answer to charge. Order to be transmitted through Magistrate of the district or sub-division in which person is confined. Procedure where removal is desired of person confined more than one hundred miles from place where evidence is required. Persons confined beyond limits of appellate jurisdiction of High Court. Prisoner to be brought up. Power to Government to exempt certain prisoners from operation of this Part. Officer incharge of prison when to abstain from carrying out order. Commissions for examination of prisoners Commissions for examination of prisoners. Commissions for examination of prisoners beyond limits of appellate jurisdiction of High Court. Commission how to be directed. Service of process on prisoners Process how served on prisoners. Process served to be transmitted at prisoner’s request. Miscellaneous [Repealed] Deposit of costs. Power to make rules under this Part. Power to declare who shall be deemed officer incharge of prison. [Repealed] THE FIRST SCHEDULE THE SECOND SCHEDULE THE THIRD SCHEDULE [Repealed]   THE PRISONERS ACT, 1900 (Act III of 1900) [2 February 1900] An Act to consolidate the law relating to prisoners confined by order of a Court WHEREAS it is expedient to consolidate the law relating to prisoners confined by order of a Court; It is hereby enacted as follows:- PART I PRELIMINARY Short title and extent.— (1) This Act may be called the Prisoners Act, 1900; [(2)  It extends to the whole of Pakistan]. [(3) * * * * * * * * * * * *] Definitions.— In this Act, unless there is anything repugnant in the subject or context,— (a)   “Court” includes a Coroner and any officer lawfully exercising civil, criminal or revenue jurisdiction; and (b)  “prison” includes any place which has been declared by the [Provincial Government], by general or special order, to be a subsidiary jail. PART II GENERAL Officers incharge of prisons to detain persons duly committed to their custody.— The officer incharge of a prison shall receive and detain all persons duly committed to his custody, under this Act or otherwise, by any Court, according to the exigency of any writ, warrant or order by which such person has been committed, or until such person is discharged or removed in due course of law. Officers incharge of prisons to return writs, etc., after execution or discharge.— The officer incharge of a prison shall forthwith, after the execution of every such writ, order or warrant as aforesaid other than a warrant of commitment for trial, or after the discharge of the person committed thereby, return such writ, order or warrant to the Court by which the same was issued or made, together with a certificate, endorsed thereon and signed by him, showing how the same has been executed, or why the person committed thereby has been discharged from custody before the execution thereof. PART III [PRISONERS IN THE PRESIDENCY-TOWNS]. Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule. PART IV [EXECUTION OF SENTENCES] References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools.— In this Part all references to prisons or to imprisonment or confinement shall be construed as referring also to Reformatory Schools or to detention therein. Power for officers incharge of prisons to give effect to sentences of certain Courts.— (1) Officers in charge of prisons [* * *] may give effect to any sentence or order or warrant for the detention of any person passed or issued— (a)   by any court or tribunal acting, whether within or without [the Provinces [* * *], under the general or special authority of [the [Federal Government], or of any Provincial Government, or of the Government of Burma] [or of any Court or tribunal which was before the twenty-third day of March, 1956, acting

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THE PREVENTION OF CORRUPTION ACT, 1947

THE PREVENTION OF CORRUPTION ACT, 1947

THE PREVENTION OF CORRUPTION ACT, 1947   An Act for the more effective prevention of bribery and corruption.     WHEREAS it is expedient to make more effective provision for the prevention of bribery and corruption; It is hereby enacted as follows:-                         Short title and extent   1. (1) This Act may be called the Prevention of Corruption Act, 1947. (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh and persons in the service of 2[ the Republic] wherever they may be.                           Interpretation   2. For the purposes of this Act, “public servant” means a public servant as defined in section 21 of the Penal Code and includes an employee of any corporation or other body or organisation set by the Government and includes a Chairman, Vice-Chairman, Member, Officer or other employee of a local 3[ authority], or a Chairman, Director, Managing Director, Trustee, Member, Officer or other employee of any corporation, or other body or organisation constituted or established under any law.                           Offences under sections 161 and 165 of the Penal Code to be cognizable offences   3. An offence punishable under section 161, 162, 163, 164, 165 or 165-A of the Penal Code shall be deemed to be a cognizable offence for the purposes of the Code of Criminal Procedure, 1898, notwithstanding anything to the contrary contained therein.                           Presumption where public servant accepts gratification other than legal remuneration   4. (1) Where in any trial of an offence punishable under section 161 or section 165 of the Penal Code, it is proved that an accused person has accepted or obtained, or has agreed to accept or attempted to obtain, for himself or for any other person, any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed unless the contrary is proved that he accepted or obtained, or agreed to accept or attempted to obtain, that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in the said section 161, or, as the case may be, without consideration or for a consideration which he knows to be inadequate. (2) Where in any trial of an offence punishable under section 165A of the Penal Code it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by any accused person, it shall be presumed, unless the contrary is proved, that he gave or offered to give or attempted to give that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 161 of the said Code, or, as the case may be, without consideration or for a consideration which he knew to be inadequate. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Court may decline to draw the presumption referred to in either of the said sub-sections if the gratification or thing aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.                           Criminal misconduct   5. (1) A public servant is said to commit the offence of criminal misconduct- (a) if he accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification (other than legal remuneration) as a motive or reward such as is mentioned in section 161 of the Penal Code, or (b) if he accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person any valuable thing without consideration or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, or (c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do, or (d) if he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains or attempts to obtain for himself or for any other person any valuable thing or pecuniary advantage, or (e) if he, or any of his dependents, is in possession, for which the public servant cannot reasonably account, of pecuniary resources or of property disproportionate to his known sources of income. Explanation.- In this clause “dependent” in relation to a public servant, means his wife, children and step-children, parents, sisters and minor brothers residing with and wholly dependent on him. (2) Any public servant who commits or attempts to commit criminal misconduct shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or 4[ with both, and the pecuniary resources or property to which the criminal misconduct relates may also be confiscated to the State]. (3) In any trial of an offence punishable under sub-section (2) the fact that the accused person or any other person on his behalf is in possession, for which the accused person cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income may be proved, and on such proof the Court shall presume, unless

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THE PUNJAB PRE-EMPTION ACT 1991 (Pb. Act IX of 1991)

THE PUNJAB PRE-EMPTION ACT 1991 (Pb. Act IX of 1991)

THE PUNJAB PRE-EMPTION ACT 1991 (Pb. Act IX of 1991)   The Punjab Pre-emption Act, 1991, holds a pivotal role in regulating land transactions in the Punjab province of Pakistan. This act provides a legal mechanism for preempting or purchasing certain properties before they are sold to someone else. Its primary objective is to maintain the social fabric of rural communities by preventing the fragmentation of agricultural land and ensuring that it remains with the existing landowners or co-sharers. The Punjab Pre-emption Act, 1991, serves as a significant legal framework for property transactions in the province. C O N T E N T S Sections Short title, extent and commencement. Definitions. Interpretation. Act to override other laws. Right of pre-emption. Persons in whom the right of pre-emption vests. Priorities in the right of pre-emption. Joint right of pre-emption how exercised. Method of distribution of the property where more than one persons are equally entitled. Withdrawal of claim. Sale of appurtenances of land. Right to revoke sale. Demand of pre-emption. Demand by guardian or agent. Waiver of the right of pre-emption. Death of pre-emptor. Abatement of right of pre-emption. Exercise of right of pre-emption by a Muslim and a non-Muslim against each other. Right of pre-emption non-transferable and indivisible. Where the pre-emptor and vendee equally entitled. Improvements made by the vendee. Improvement made in the status of the vendee-defendant after institution of the Suit. No right of pre-emption in respect of certain properties. Plaintiff to deposit sale price of the property. Deposit or refund of excess price. Sum deposited by pre-emptor not to be attached. Determination of price. Market value how to be determined. Government may exclude areas from pre-emption. Limitation. Notice. Matters ancillary or akin to the provisions of this Act. Application of the Civil Procedure Code and Qanun-e-Shahadat Order. Repeal of Act I of 1913. Saving. Rules. Repeal of Ordinance IX of 1991.   THE PUNJAB PRE-EMPTION ACT 1991 (Pb. Act IX of 1991) [6 April 1991] An Act to bring in conformity with the injunctions of Islam the law relating to pre-emption Preamble.— Whereas it is expedient to re-enact the existing law relating to pre-emption, so as to bring it in conformity with the injunctions of Islam as set out in the Holy Qur’an and Sunnah;       It is hereby enacted as follows:- Short title, extent and commencement.— (1) This Act may be called the Punjab Pre-emption Act 1991.       (2)  It extends to the whole of the Punjab.       (3)  It shall come into force at once. Definitions.— In this Act, unless there is anything repugnant in the subject or context—       (a)  “immovable property” means immovable property situated in any area other than an urban area or within cantonment limits as declared by any law relating to Local Bodies or Cantonments, as the case may be, for the time being in force;       (b)  “pre-emptor” means a person who has the right of pre-emption;       (c)  “right of pre-emption” means a right to acquire by purchase an immovable property in preference to other persons by reason of such right; and       (d)  “sale” means permanent transfer of the ownership of an immovable property in exchange for a valuable consideration and includes transfer of an immovable property by way of ‘hiba bil-iwaz’ or ‘hiba ba-shart-ul-iwaz’, but does not include—                (i)  transfer of an immovable property through inheritance or will or gift, other than ‘hiba bil-iwaz’ or ‘hiba ba-shart-ul-iwaz’;               (ii)  a sale in execution of a decree for money or of any order of a civil, criminal, revenue or any other court or a Revenue Officer or any local authority;              (iii)  exchange of agricultural land; and              (iv)  transfer of an immovable property for a consideration other than valuable consideration, such as the transfer of an immovable property by way of dower or composition in a murder or hurt case. Interpretation.— In the interpretation and the application of the provisions of this Act, the Court shall seek guidance from the Holy Qur’an and Sunnah. Act to override other laws.— The provisions of this Act shall have effect notwithstanding anything in any other law for the time being in force. Right of pre-emption.— The right of pre-emption shall arise in case of sale of immovable property. Persons in whom the right of pre-emption vests.— (1) The right of pre-emption shall vest—       (a)  firstly, in Shafi Sharik;       (b)  secondly, in Shafi Khalit; and       (c)  thirdly, in Shafi Jar.       Explanation.— I ‘Shafi Sharik’ means a person who is a co-owner in the corpus of the undivided immovable property sold.         II  ‘Shafi Khalit’ means a participator in the special rights attached to the immovable property sold, such as right of passage, right of passage of water or right of irrigation.        III  ‘Shafi Jar’ means a person who has a right of pre-emption because of owning an immovable property adjacent to the immovable property sold.       (2)  Notwithstanding anything in sub-section (1), the right of pre-emption shall be exercisable only in case of ‘Zaroorat’ or to avoid ‘Zarar’. Priorities in the right of pre-emption.— Where there are more than one participators in the special rights attached to the immovable property sold, the person having a special right shall have precedence over a person having a general right. ILLUSTRATIONS I)  A garden is irrigated by a water course which opens from a small canal. If this garden is sold, the person having right of irrigation from the water course shall have precedence over a person having right of irrigation from the canal. But if such garden is irrigated from the small canal, the person having right of irrigation from the water course as well as the person having right of irrigation from the canal shall have the right of pre-emption. II)  Where there are more than one pre-emptors and one has right of passage and the other has right of passage of water attached to the immovable property sold, the person having right of

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THE PAYMENT OF WAGES ACT, 1936

THE PAYMENT OF WAGES ACT, 1936

THE PAYMENT OF WAGES ACT, 1936   The Payment of Wages Act, 1936, stands as a fundamental piece of legislation in Pakistan that safeguards the rights and interests of workers in relation to the payment of their wages. It aims to ensure the timely and full payment of wages to employees, promoting economic security and fair labor practices. This act is instrumental in preventing wage exploitation and serves as a cornerstone for workers’ rights within the country.   CONTENTS   Preamble 1 Short title, commencement and application 2 Definitions 3 Responsibility for payment of wages 4 Fixation of wage periods 5 Time of payment of wages 6 Wages to be paid in current coin or currency notes 7 Deductions, which may be made from wages 8 Fines 9 Deductions for absence from duty 10 Deductions for damages or loss. 11 Deductions for services rendered 12 Deductions for recovery of Advances 13 Deductions for payments to co-operative societies and insurance schemes 14 Inspector 15 Claims out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims 16 Single application in respect of claims from an unpaid group 17 Appeal 18 Powers of authorities appointed under Section 15. 19 Power to recover from employer in certain cases 20 Penalty for offences under the Act 21 Procedure in trial of offences 21-A [Omitted] 22 Bar of suits 23 Contracting out 24 [Omitted] 25 Display by notice of abstracts of the Act 26 Rule-making power     THE PAYMENT OF WAGES ACT, 1936 (IV OF 1936) 23rd April, 1936 An Act to regulate the payment of wages to certain classes of persons employed in industry. : — Preamble. : —  Whereas it is expedient to regulate the payment of wages to certain classes of persons employed in industry; It is hereby enacted as follows. : —  – 1. Short title. Extent, commencement and application. : —  (1) This Act may be called the payment of Wages Act, 1936. (2) It extends to the whole of Pakistan. (3) It shall come into force on such date as the Federal Government may by notification in the official Gazette, appoint. (4) It applies in the first instance to the payment of wages to persons employed in any factory and to persons employed otherwise than in a factory upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration. (5) The Provincial Government may after giving three months” notice of its intention of so doing, by notification in the official Gazette, extend the provisions of the Act or any of them to the payment of wages to any class of persons employed in any industrial establishment or any class or group of industrial establishments. (6) Nothing in this Act shall apply to wages payable in respect of a wage-period, which, over such wage-period, averaged more than [one thousand five hundred] rupees a month. 2. Definition. : —  In this Act, unless there is anything repugnant in the subject or context- (i) “factory” means a factory as defined in clause (i) of section 2 of the Factories Act, 1934 (XXV of 1934) ; (ii) “Industrial establishment” means any- (a) tramway or motor omnibus service; (b) dock, wharf or jetty ; (c) inland steam-vessel ; (d) mine, quarry or oil-field ; (e) plantation ; (f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale ; [(g) establishment of a contractor who, directly or indirectly, employs persons [x x x] to do any skilled or unskilled, manual or clerical labour for hire or reward in connection with the execution of a contract to which he is a party, and includes the premises in which or the site at which, any process connected with such execution is carried on. Explanation. “Contractor” includes a “sub-contractor, headman or agent.”]. (iii) “plantation” means any estate which is maintained for the purpose of growing cinchona, rubber, coffee or tea, and on which twenty-five or more persons are employed for that purpose ; (iv) “prescribed” means prescribed by rules made under this Act ; (v) “railway administration” has the meaning assigned to it in clause (6) of Section 3 of the Railways Act, 1890 (IX of 1890); and (vi) “wages” means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable, whether conditionally upon the regular attendance, good work or conduct or other behaviour of the person employed or otherwise, to a person employed in respect of his employment or of work done in such employment, and includes any bonus or other additional remuneration of the nature aforesaid which would be so payable and any sum payable to such person by reason of the termination of his employment, but does not include- (a) the value of any house accommodation, supply of light, water, medical attendance or other amenity, or of any service excluded by general or special order of the Provincial Government; (b) any contribution paid by the employer to any pension fund or provident fund ; (c) any travelling allowance or the value of travelling concession ; (d) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (e) any gratuity payable on discharge. 3. Responsibility for payment of wages. : —  Every employer [including a contractor] shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act. : — Provided that, in the case of persons employed (otherwise than by a contractor)- (a) in factories, if a person has been named as the manager of the factory under clause (e) of sub-section (1) of Section 9 of the Factories Act. 1934 (XXV of 1934), (b) in Industrial establishments, if there is a person responsible

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THE ASIAN DEVELOPMENT BANK ORDINANCE, 1971

THE ON-FARM WATER MANAGEMENT AND WATER USER’S ASSOCIATIONS (AMENDMENT) ORDINANCE, 2001

THE ON-FARM WATER MANAGEMENT AND WATER USER’S ASSOCIATIONS (AMENDMENT) ORDINANCE, 2001   The On-Farm Water Management and Water User’s Associations (Amendment) Ordinance, 2001, is a legislative instrument in Pakistan that amends the existing legal framework related to on-farm water management and the formation and functioning of water user’s associations. This type of ordinance typically aims to make changes, revisions, or updates to existing laws and regulations to address evolving needs or challenges in the management of water resources in agriculture. An Ordinance further to amend the On-Farm Water Management and Water User’s Associations Ordinance, 1981 (V of 1981). Whereas it is expedient further to amend the On-Farm Water Management and Water User’s Associations Ordinance, 1981 (V of 1981) for the purposes hereinafter appearing; And whereas under Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, as amended by the Chief Executive order No.11 of 2000, the Governor of a Province may issue and promulgate an Ordinance; Now therefore in exercise of the aforesaid powers and all other powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:- Short title and commencement.- (1) This Ordinance may be called the On-Farm Water Management and Water User’s Associations (Amendment) Ordinance, 2001. (2)        It shall come into force at once. Amendment in section 2 of Ordinance V of 1981.- In the said Ordinance in sub-section (1) of section 2 for clause (ii), the following shall be substituted:- “(ii) ‘Field Officer’ means and include the District Officer on-Farm Water Management or any other officer empowered as such by Government.”   Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly [contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

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