24TLCAdmin

THE FOODSTUFFS AND FERTILIZERS (CANCELLATION OF AUTHORIZATIONS AND DEALERSHIPS) ORDINANCE, 1978

FOODSTUFFS AND FERTILIZERS (CANCELLATION OF AUTHORIZATIONS AND DEALERSHIPS) ORDINANCE, 1978

THE FOODSTUFFS AND FERTILIZERS (CANCELLATION OF AUTHORIZATIONS AND DEALERSHIPS) ORDINANCE, 1978 The Foodstuffs and Fertilizers (Cancellation of Authorizations and Dealerships) Ordinance, 1978, is a significant piece of legislation in Pakistan that empowers authorities to cancel authorizations and dealerships related to foodstuffs and fertilizers. Enacted in 1978, this ordinance provides a legal framework for the revocation of permissions and licenses granted for the sale, distribution, or dealership of specific products in the agricultural and food sectors. In this introduction, we will explore the historical context, key objectives, and legal significance of this ordinance. SECTIONS                     CONTENTS            1.         Short title, extent and commencement.            2.         Definitions.            3.         Power to cancel authorizations and dealerships.            4.         Delegation of powers by Government.            5.         Bar of jurisdiction.            6.         Protection to persons acting in good faith.       THE FOODSTUFFS AND FERTILIZERS (CANCELLATION OF AUTHORIZATIONS AND DEALERSHIPS) ORDINANCE, 1978 (Pb Ord. XXI of 1978) 22th  October 1978 An Ordinance to provide for the cancellation of authorizations and dealerships issued for distribution of food-stuffs and fertilizers Preamble : — WHEREAS it is expedient to provide for the cancellation of authorizations under the West Pakistan Foodstuffs Distribution Order, 1967, and the dealerships under the Punjab Fertilizers (Control) Order, 1973, and for matters connected therewith;   NOW, THEREFORE, in pursuance of the proclamation of fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA’s Order I of 1977), the Governor of the Punjab is pleased to make and promulgate the following Ordinance : —   Short title, extent and commencement : — (1) This Ordinance may be called the Foodstuffs and Fertilizers (Cancellation of Authorizations and Dealerships) Ordinance, 1978. (2)        It extends to the Province of the Punjab. (3)        It shall come into force at once.   Definitions : — In this Ordinance, unless there is anything repugnant in the subject or context : — (a)  “authorization” means the authorization issued under the West Pakistan Foodstuffs Distribution Order, 1967; (b)  “dealership” means the authority granted to any person to act as dealer under the Punjab Fertilizers (Control) Order, 1973. (c)  “Government” means the Government of the Punjab.   Power to cancel authorizations and dealerships : — (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, agreement, order or notification, the Government may terminate, without notice, any authorization or dealership. (2)        No compensation shall be payable for the termination of any authorization or dealership under sub-section (1).   Delegation of powers by Government : — Government may, by notification in the official Gazette, direct that the power conferred on it by section 3 shall, under such conditions, if any, as may be specified in the notification, be exercised by an officer or authority so notified.   Bar of jurisdiction : — No court shall grant any injunction or make any order or entertain any proceedings in relation to anything done or intended to be done, in good faith, under this Ordinance.   Protection to persons acting in good faith : — No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Ordinance. 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]

FOODSTUFFS AND FERTILIZERS (CANCELLATION OF AUTHORIZATIONS AND DEALERSHIPS) ORDINANCE, 1978 Read More »

Laws of Pakistan - Library, , , , , , ,
THE FACTORIES (PUNJAB AMENDMENT) ACT, 1940

THE FACTORIES (PUNJAB AMENDMENT) ACT, 1940

THE FACTORIES (PUNJAB AMENDMENT) ACT, 1940 The Factories (Punjab Amendment) Act, 1940, is an important piece of legislation that amends and supplements the provisions of the Factories Act, 1934, with specific modifications for the Punjab region of Pakistan. Enacted in 1940, this act addresses various issues related to factory safety, labor welfare, and industrial operations within the Punjab province. In this introduction, we will explore the historical context, key objectives, and legal significance of this amendment act.   (Punjab Act VII of 1940) 3rd  May 1940   An Act to amend the Factories Act, 1934, in its application to the Punjab Preamble : —   WHEREAS it is expedient to amend the Factories Act, 1934, in its application to the Punjab in the manner hereinafter appearing;   It is hereby enacted as follows : —   Short tile and commencement : — (1) This Act may be called the Factories (Punjab Amendment) Act, 1940. (2)        It shall come into force on such date as the Provincial Government may, by notification in the official Gazette, appoint in this behalf.   Insertion of section 5-A in Act XXV of 1934 : — After section 5 of the Factories Act, 1934 (hereinafter referred to as the said Act) the following section shall be deemed to be inserted, namely : — “5-A.   Establishment or extension of certain factories : — (1) No factory shall be established or extended for the purpose of carrying on one or more of the manufacturing processes mentioned in the schedule to this Act, or for purposes incidental thereto, save with the permission in writing of the Provincial Government or such person or persons as it may direct: Provided that if an application for such permission has been despatched to the prescribed authority by registered post acknowledgment due and the decision of Government or the prescribed authority has not been communicated to the applicant for six months after the date of its receipt, the applicant shall be regarded as having obtained that permission; and provided further that a factory shall not be considered as extended within the meaning of this section merely because of any renewal of or addition to existing machinery or appliances within the limits prescribed. (2)        Where an order rejecting an application for the establishment or extension of a factory has been made by an authority other than the Provincial Government an appeal by the applicant shall lie to the Provincial Government within fifteen days of the date on which such order has been communicated to him. (3)        The Provincial Government may, by notification in the official Gazette, add to or exclude from the schedule the name of any manufacturing process it may deem fit, and such addition or exclusion shall take effect as if it had been made by this Act. (4)        Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to 5,000 rupees and in addition, with fine which may extend to 100 rupees for each day of the period during which the contravention continues.”   Insertion of section 9-A and 9-B in Act XXV of 1934 : — After section 9 of the said Act, the following sections shall be deemed to be inserted, namely : — “9-A.   Registration certificate for working factory : — (1) No factory carrying on one or more of the manufacturing processes mentioned in the schedule to this Act or for purposes incidental thereto shall be worked or permitted to be worked by a manager or an occupier unless a registration certificate has been granted in respect thereof; and if the factory has been extended after the grant of a registration certificate, unless such certificate has been endorsed in such manner and subject to such conditions as may be prescribed for the grant of such a certificate for an endorsement thereon. (2)        A registration certificate granted under sub-section (1) shall remain in force for one year from the date of the grant or endorsement and shall be renewable automatically on payment of the prescribed fee.”             “9-B.   Rules : — (1) The Provincial Government may after previous publication make rules : — (a)        as to the authority by which the form in which and the conditions subject to which, a registration certificate may be granted or an endorsement made under sub-section (1) of section 9-A, (b)        prescribing the fee on payment of which a registration certificate may be granted or renewed or an endorsement made under section 9-A, (c)        specifying the limits within which any renewal of or addition to existing machinery or appliances in a factory shall not be regarded as extension of a factory within the meaning of section 5-A (1), and (d)       specifying the person or persons to whom authority may be delegated under section 5-A (1). (2)        In making rules the Provincial Government may prescribe different rates of fees for factories classified according to the number of workers employed in them and the nature of goods produced by them”.   Insertion of section 62-A in Act XXV of 1934 : — After section 62 of the said Act, the following section shall be deemed to be inserted, namely : — “62-A. Penalty for failure to register : — A manager or an occupier who contravenes the provisions of section 9-A or the conditions on which a registration certificate is granted or an endorsement made shall be punishable with fine which may extend to five hundred rupees, or if he has previously been convicted of an offence under that section of the said Act, to one thousand rupees on the second conviction.  For every subsequent offence the maximum amount of fine which may be imposed shall be enhanced by five hundred rupees subject to a maximum of two thousand and five hundred rupees.” Schedule mentioned in section 5-A (1) Textiles: (a)        Cotton, (b)        Woolen. Glass. Cement and allied products. Chemicals including medicines. Hydrogenated oils : — edible and other. Cotton ginning and pressing. Hosiery manufacture. Floor mills.

THE FACTORIES (PUNJAB AMENDMENT) ACT, 1940 Read More »

Laws of Pakistan - Library, , , , , , ,
The Epidemic Diseases Act,1958

The Epidemic Diseases Act,1958

The Epidemic Diseases Act,1958 The Epidemic Diseases Act, 1958, is a vital piece of legislation in India that empowers the government to take necessary measures to prevent and control the spread of epidemic diseases. Enacted in 1958, this act provides a legal framework for the management and containment of infectious diseases to protect public health and safety. In this introduction, we will explore the historical context, key objectives, and legal significance of this act. (Act XXXVI OF 1958)   [5th May, 1958] An Act to consolidate the law relating to the prevention of the spread of dangerous epidemic diseases in the province of West Pakistan. Preamble: WHEREAS it is expedient to consolidate the law relating to the prevention of the spread of dangerous epidemic diseases in the province of West Pakistan: It is hereby enacted as follows: – Short title, extant and commencement. (1) This Act may be called the Epidemic Diseases Act, 1958. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. Power to take special measures and prescribe regulations as to dangerous epidemic disease. (1) When at any time the Provincial Government is satisfied that the Province or any part thereof is visited by, or threatened with an outbreak of any dangerous epidemic disease, the Provincial Government, if it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take e, or require or empower any person to take such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as it shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expense incurred (including compensation, if any) shall be defrayed (2) In particular and without prejudice to the generality of the foregoing provisions, the Provincial Government may take measures and prescribe regulations for the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease (3) The Provincial Government may, by general or special order, empower a Deputy Commissioner to exercise in relation to the district, all the powers under this section exercisable by the Provincial Government in relation to the Province, other than the power to determine in what manner and by whom any expenses incurred (including compensation if any) shall be detrayed (4) The Exercise of powers delegated by the Provincial Government shall be subject to such restrictions, limitations and conditions, if any as maybe specified by the Provincial Government and to she control of any to revision by the Provincial Government. Penalty. Any person disobeying any regulation or order made under this Act, shall be deemed to have committed an offence punishable under Section 188 or the Pakistan Penal Code Protection to persons acting under Act. No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act Repeal. The following enactments are hereby repealed. – a) The Epidemic Diseases Act 1897 (III of 1897) b) The Khirpur State Epidemic Diseases Act, 1941 (Khirpur IV of 1941); and c) The Epidemic Diseases (Punjab Amendment) Act 1944 (Pb III of 1944) 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]

The Epidemic Diseases Act,1958 Read More »

Laws of Pakistan - Library, , , , , , ,
THE Customs Act, 1969

THE Customs Act, 1969

The Customs Act, 1969 The Customs Act, 1969, is a significant piece of legislation in Pakistan that regulates the import, export, and trade of goods across the country’s borders. Enacted in 1969, this act provides a comprehensive legal framework for customs administration, duties, procedures, and enforcement. It plays a crucial role in ensuring the efficient functioning of customs operations, revenue collection, and trade facilitation in Pakistan. In this introduction, we will explore the historical context, key objectives, and legal significance of this act. TABLE OF CONTENTS     Contents   CHAPTER — 1 PRELIMINARY   1. Short title, extent and commencement. 2. Definition.   CHAPTER — 2 APPOINTMENT OF OFFICERS OF CUSTOM AND THEIR POWERS   3. Appointment of officers of customs. 4. Powers and duties of officers of customs. 5. Delegation of powers. 6. Entrustment of functions of the customs officers to certain  other officers. 7. Assistance to the officers of customs. 8. Exemption from service on jury or inquest or as assessors.   Chapter — 3 DECLARATION OF PORTS, AIRPORTS, LAND CUSTOMS-STATION ,etc.   9. Declaration of customs-ports, customs-airports, etc. 10. Power to approve landing places and specify limits of customs-stations. 11. Power to declare warehousing stations. 12. Power to appoint public ware-houses. 13. Power to license private ware-houses. 14. Stations for officers of customs to board and land. 14-A. Provision of accommodation at customs-ports, etc.   Chapter — 4 PROHIBITION AND RESTRICTION OF IMPORTATION AND EXPORTATION   15. Prohibitions 16. Power to prohibit or restrict importation and exportation of goods. 17. Seizure and confiscation of goods imported in breach of section 15 or section 16.   Chapter — 5 LEVY OF, EXEMPTION FROM, AND REPAYMENT OF CUSTOMS DUTIES   18. Goods dutiable. 18A. Special customs duty on excisable goods. 19. General power to exempt from customs-duties. 20. Omitted 21. Power to deliver certain goods without payment of duty and repay duty on certain goods. 21A. Omitted. 22. Re-importation of goods produced or manufactured in Pakistan. 23. Goods, derelict, wreck, etc. 24. Provisions and stores may be exported free of duty. 25. Value of imported and exported goods. 25A. Action where declared value is less than the value determined. 25B. Fixation of value for imports and exports. 26. Power to required information to be furnished. 27. Abatement allowed on damaged or deteriorated goods. 28. Power to test and denature imported spirit. 29. Restriction on amendment of bill of entry or bill of export. 30. Data for determination of rate of import duty. 30-A Date of determination of rate of duty for clearance through the Customs Computerized System. 31. Data for determination of rate of export duty. 31A. Effective rate of duty. 32. False statement, error, etc. 33. Refund to be claimed within six months. 34. Power to give credit for, and keep account-current of, duties and charges.   Chapter — 6 DRAWBACK   35. Drawback of the export on imported goods. 36. Drawback on goods taken into use between importation and exportation. 37. Drawback on goods used in the manufacturer of goods which are exported. 38. Power to declare what goods are identifiable and to prohibit drawback in case of specified foreign territory. 39. When no drawback allowed. 40. Time of payment of drawback. 41. Declaration by parties claiming drawback. 42. Arrival of conveyance.   Chapter — 7 ARRIVAL AND DEPARTURE OF CONVEYANCE   43. Delivery of import manifest in respect of a vessel. 44. Delivery of import manifest in respect of a conveyance other than a vessel. 45. Signature and contents of import manifest and amendment thereof. 46. Duty of person receiving import manifest. 47. Bulk not to be broken until manifest, etc., delivered and vessel entered inward. 48. Power to require production of documents and ask questions. 49. Special pass for breaking bulk. 50. Order for entry outwards or loading of goods to be obtained before export goods are loaded. 51. No vessel to depart without port-clearance. 52. No conveyance other than vessel to leave without permission. 53. Application for port-clearance of vessels. 54. Conveyances other than vessels to deliver documents and answer questions before departure. 55. Power to refuse port-clearance to vessels or permission for departure to other conveyance. 56. Grant of port-clearance or permission of departure. 57. Grant of port-clearance or permission of departure on security of agent. 58. Power to cancel port-clearance or permission of departure. 59. Exemption of certain classes of conveyance from certain provisions of this Chapter.   Chapter — 8   GENERAL  PROVISIONS AFFECTING CONVEYANCES  AT CUSTOMS-STATIONS   60. Power to depute officers of customs to board conveyances. 61. Officer to be received and accommodation to be provided. 62. Officer’s power of access, etc. 63. Sealing of conveyance. 64. Goods not to be loaded or unloaded or water-borne except in presence of officer. 65. Goods not to be loaded or unloaded or passed on certain days or at certain times. 66. Goods not to be loaded or unloaded except at approved places. 67. Power to exempts from sections 64 and 66. 68. Boat-Note. 69. Goods water-borne to be forthwith landed or shipped. 70. Goods not be transshipped without permission. 71. Power to prohibit plying of unlicensed cargo-boats. 72. Plying of ships of less than one hundred tons.   Chapter — 9 DISCHARGE OF CARGO AND ENTRY INWARDS OF GOODS   73. Discharge of cargo by vessels may commence on receipt of due permission. 74. Discharge of goods by conveyances other than vessels. 75. Imported goods not to be unloaded unless entered in the import manifest. 76. Procedure in respect of goods not unloaded by vessels within time allowed. 77. Power to land small parcels and hold unclaimed parcels. 78. Power to permit immediate discharge. 79. Entry for home-consumption or warehousing. 79A Declaration and assessment for home consumption or warehousing through the Customs Computerized System 80. Assessment of duty. 80A Checking of goods declaration through the Customs Computerized System 81. Provisional assessment of duty. 81A Provisional determination of duty through the Customs Computerized System. 82. Procedure in case of goods not

THE Customs Act, 1969 Read More »

Laws of Pakistan - Library, , , , , , ,
THE CO-OPERATIVE SOCIETIES ACT, 1925

THE CO-OPERATIVE SOCIETIES ACT, 1925 (Sind Act VII of 1925)

THE CO-OPERATIVE SOCIETIES ACT, 1925 (Sind Act VII of 1925) The Co-operative Societies Act, 1925, is a crucial piece of legislation in Pakistan that governs the formation, operation, and regulation of cooperative societies. This act, which has historical roots dating back to the colonial era, provides a legal framework for the establishment and functioning of cooperative societies, aiming to promote cooperation, self-help, and economic development among individuals and communities. In this introduction, we will explore the historical context, key objectives, and legal significance of this act. CHAPTER I Preliminary Short title. Extent. Definitions. CHAPTER II Registration The Registrar.      4-A.         Power of Registrar to issue search warrant. Societies which may be registered. Restrictions on interest of member of society with limited liability and a share capital. Conditions of registration.      7-A.         Eligibility for membership. Power of Registrar to decide certain questions. Application for registration. Registration. Evidence of registration. Annual general meeting. Special general meeting. Change of name: its effect. Amalgamation and division of societies.    15-A.         Merger of a society in a company, etc. Amendment of the by-laws of a society.    16-A.         Powers of the Registrar to amend bye-laws. CHAPTER III Rights and Liabilities of Members No rights of membership to be exercised till due payments are made.    17-A.         Special provisions for membership of resource  societies.    17-B.         Expulsion of a member. Votes of members.    18-A.         General body and managing committee.    18-B.         Disqualification for being , and for voting at an election of Director, Manager or other officer of the society. Restrictions on transfer of share or interest. CHAPTER IV Duties of Societies Address of societies. Copy of Act etc., to be open to inspection. Audit.    22-A.         Power of Registrar to exercise powers under section 50-A in the course of an audit.    22-B.         Internal audit committee. CHAPTER V Privileges of Societies Societies to be bodies corporate. Prior claim of society. Charge and set-off in respect of shares or interest of member. Shares or interest not liable to attachment. Transfer of interest on death of member. Liability of past member. Liability of the estate of deceased member. Register of members. Admissibility of copy of entry as evidence. Exemption from compulsory registration of instruments relating to shares etc of society. Power to exempt from income-tax, stamp-duty, registration and court fees.    33-A.         Provincial Government may give loans or guarantee interest or return. CHAPTER VI Property and Funds of Societies Restrictions on loans. Restrictions on borrowing. Restrictions on other transactions with non-members. Investment of funds. Restrictions on dividend. Reserve Fund. Restriction on distribution of profits. Provident fund. Contribution to charitable purpose. CHAPTER VII Inspection of Affairs Inquiry by Registrar. Inspection of books of indebted society.    44-A.         Inspection of books and properties.    44-B.         Power of Registrar to exercise powers under section 50-A in the course of an inquiry or inspection.    44-C.         Power to remove officers.    44-D.         Power of Registrar to give directions.    44-E.         Special measures. Costs of inquiry. Recovery of costs. CHAPTER VIII Liquidation and Arbitration Winding up. Society may be wound up if membership is reduced.    48-A.         Winding up of housing society. Effect of cancellation of registration. Power of a liquidator.    50-A.         Power of Registrar to assess damage against delinquent promoters, etc. Bar of suit in winding up and dissolution matters. Disposal of surplus assets. Surplus assets of housing society. Arbitration.    54-A.         Registrar’s power to set aside the award and order the dispute to be referred back to arbitration. Attachment before award. Appeal against award of arbitrator. Finality of awards in certain orders. Powers to enforce attendance. Money how recovered.                      Powers of Registrar to recover certain sums by attachment and sale of property.                  Registrar or person empowered by him to be a Civil Court for certain purposes.    59-A.         Transfer of property which cannot be sold. CHAPTER VIII-A Distraint    59-B.         Definitions.    59-C.         Cases in which application for distraint may be made.    59-D.         Form of application.    59-E.         Procedure on receipt of application.     59-F.         Execution of order for distraint.    59-G.         Service of notice of demand and the grounds of distraint.    59.H.         Right to reap, etc., produce.      59.I.         Sale proclamation to be issued unless demand is satisfied.     59.J.         Place of sale.    59.K.         Provisions relating to growing crops.     59.L.         Manner of sale.   59.M.         Postponement of sale.    59.N.         Payment of purchase money.    59.O.         Certificate be given to the purchaser.     59.P.         Proceeds of sale how to be applied.    59.Q.         Certain persons may not purchase.    59.R.         Procedure where demand is paid before the sale.     59.S.         Distraint of property which is under attachment.     59.T.         Suit for compensation for wrongful distraint and appeals.    59.U.         Savings. CHAPTER IX Offences Offences.                      Default by a society, officer or member.                  Wilful neglect or default by a society, etc.                      Wilful furnishing of false information.                      Disobedience of summons, requisition, or order.                      Indulgence in fraudulent activities.                      Performing acts without approval.                      Making a false report or refusing to do an act.                      Violation of the master plan. Penalty for offences not otherwise provided for. Prohibition of the use of the word “co-operative”.    62.A.         Penalty. Cognizance of offences. CHAPTER X Appeals and Revisions Appeal.    64.A.         Power of Provincial Government and the Registrar to call for proceedings of subordinate officers and to pass orders thereon. 64.AA.         Finality of orders of Provincial Government.   CHAPTER XI Miscellaneous Recovery of sums due to Government.    65.A.            65.B.         Officers of societies to be public servants. Power to exempt societies from conditions as to registration. Powers to exempt societies from provisions of Act. Companies Act not to apply. Branches, etc., of societies outside the province. Notice necessary in suits.    70.A.         Bar of Jurisdiction. Rules. Repeal and savings.    72.A.         Construction of references to Co-operative Societies Act, 1912, in enactments.    72.B.         [Repealed] [Repealed] Schedule [Repealed] THE CO-OPERATIVE SOCIETIES ACT, 1925 (Sind Act VII of 1925) [4 December 1925]

THE CO-OPERATIVE SOCIETIES ACT, 1925 (Sind Act VII of 1925) Read More »

Laws of Pakistan - Library, , , , , , ,
THE CONTROL OF NARCOTIC SUBSTANCES

THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997

THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997 The Control of Narcotic Substances Act, 1997, is a pivotal piece of legislation in Pakistan that is aimed at regulating and controlling the production, trafficking, and use of narcotic substances. Enacted in 1997, this act provides a comprehensive legal framework to combat the illicit drug trade and address the public health and social issues associated with narcotics. In this introduction, we will explore the historical context, key objectives, and legal significance of this act.       Sections Contents   Preamble     CHAPTER I PRELIMINARY   1. Short title, extent and commencement   2. Definitions   3. Calculation of percentages in liquid preparations     CHAPTER II PROHIBITION AND PUNISHMENT   4. Prohibition of cultivation of narcotic plants   5. Punishment for contravention of section 4   6. Prohibition of possession of narcotic drugs etc   7. Prohibition of import or export of narcotic drugs, etc   8. Prohibition on trafficking or financing the trafficking of narcotic drugs etc   9. Punishment for Contravention of Sections 6, 7 and 8   10. Prohibition on owning, operating premises or machinery for manufacture of narcotic drugs, etc   11. Punishment for contravention of Section 10   12. Prohibition of acquisition and possession of assets derived from narcotic offences   13. Punishment for contravention of section 12   14. Prohibition on aiding, abetment or association in narcotic offences   15. Punishment for contravention of Section 14   16. Punishment for offence for which no punishment is provided   17. Obstructions to officers   18. Limit of fine, etc   19. Forfeiture of assets of an offender     CHAPTER III SEARCH AND INVESTIGATION   20. Power to issue warrants   21. Power of entry, search, seizure and arrest without warrant   22. Power to seizure and arrest in public places   23. Power to stop and search conveyance   24. Undercover and controlled delivery operations   25. Mode of making searches and arrest   26. Punishment for vexatious entry, search, seizure or arrest   27. Disposal of persons arrested and articles seized   28. Powers to invest officers of law enforcement agencies with powers of an officer-in-charge of a police station   29. Presumption from possession of illicit articles   30. Presumption as to documents in certain cases   31. Power to call for information   32. Articles connected with narcotics   33. Procedure for making confiscation   34. Federal Narcotics Testing laboratory, etc   35. Government Analyst   36. CHAPTER IV FREEZING AND FORFEITURE OF ASSETS   37. Freezing of assets, etc   38. Tracing of assets   39. Order for forfeiture of assets   40. Forfeiture of assets of person convicted abroad   41. Prohibition of alienation of freezed property   42. Punishment for acquiring property in relation to which proceedings have been taken under this Act.   43. Power to take possession   44. Management of assets frozen or forfeited under the Act     CHAPTER V SPECIAL COURTS   45. Jurisdiction to try offences   46. Establishment of Special Courts   47. Application of the Code of Criminal Procedure, 1898   48. Appeal   49. Transfer of cases   50. Special Prosecutor   51. No bail to be granted in respect of certain offences     CHAPTER VI TREATMENT AND REHABILITATION OF ADDICTS   52. Registration of addicts   53. Powers of the Government to establish centers for treatment of addicts     CHAPTER VII NATIONAL FUND FOR CONTROL OF DRUG ABUSE   54. National fund for control of drug abuse   55. Annual Report of the activities financed out of the Fund     CHAPTER VIII INTERNATIONAL CO-OPERATION   56. Authority to make and act on mutual legal assistance requests   57. Mutual legal assistance requests by Pakistan   58. Foreign requests for assistance   59. Foreign requests for an evidence-gathering order or a search warrant   60. Foreign requests for assistance from detained persons   61. Foreign persons in Pakistan in response to a Pakistan request   62. Foreign requests for Pakistan restraining orders   63. Requests for enforcement of foreign confiscation or restraining orders   64. Requests to recover foreign fines   65. Sharing forfeited property with foreign States   66. Extradition     CHAPTER IX GENERAL   67. Reporting of suspicious financial transactions   68. Presumption to the assets acquired through dealing in narcotics   69. Departments to render assistance to the Special Courts, etc   70. Notice or order not to be invalid for error in description   71. Delegation   72. Application of the Customs Act, 1969   73 Saving of provincial and special laws   74 Application of other laws   75 Indemnity   76 Ordinance to override other laws   77 Power to made rules   78 Repeal and saving     THE SCHEDULE         THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997   ACT NO. XXV OF 1997   11th July, 1997] An Act to consolidate and amend the laws relating to narcotic drugs and psychotropic substances   The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 7th July, 1997 is hereby published for general information:- WHEREAS It is expedient to consolidate and amend the laws relating to narcotic drugs, psychotropic substances, and control the production, processing and trafficking of such drugs and substances; AND WHEREAS it is expedient to regulate the treatment and rehabilitation of narcotic addicts and for matters connected therewith and incidental thereto; It is hereby enacted as follows: —   CHAPTER I PRELIMINARY   Short title, extent and commencement.-(1) This Act may be called the control of narcotic Substances Act, 1997. It extends to the whole of Pakistan. It shall come into force at once.   Definitions.-In this Act, unless there is anything repugnant in the subject or context,— (a)     “addict” means a person physically or mentally dependent on any narcotic drug or psychotropic substance or a person who habitually uses narcotic drugs or psychotropic substances; (b)     “assets” means any

THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997 Read More »

Laws of Pakistan - Library, , , , , , ,
THE CIVIL SERVICE (CHANGE IN NOMENCLATURE

THE CIVIL SERVICE (CHANGE IN NOMENCLATURE OF SERVICES AND ABOLITION OF CLASSES) RULES, 1973

THE CIVIL SERVICE (CHANGE IN NOMENCLATURE OF SERVICES AND ABOLITION OF CLASSES) RULES, 1973 The Civil Service (Change in Nomenclature of Services and Abolition of Classes) Rules, 1973, represent an important set of regulations in Pakistan that pertain to the restructuring and renaming of civil service positions and the abolition of certain classes within the civil service. These rules, established in 1973, provide a structured framework for making changes to the nomenclature and organizational structure of civil service positions. In this introduction, we will explore the historical context, objectives, and legal significance of these rules.   In exercise of the powers conferred by section 25 of the Civil Servants Act, 1973 (LXXI of 1973), the President is pleased to make the following rules :–   (1) These rules may be called the Civil Servants (Change in Nomenclature of Services and Abolition of Classes) Rules, 1973. (2)          They shall come into force at once. In these rules, unless there is anything repugnant in the subject or context, “Classes” means Class I. Class II, Class II (non-Gazetted), Class III and Class IV, in which the civil posts and services are classified under the Civil Services (Classification, Control and Appeal) Rules or any other rules or orders for the time being in force ; “Federal Unified Grades” comprise all services and civil posts connected with the affairs of the Federation other than those included in the All-Pakistan Unified Grades under the All-Pakistan Services (Change in Nomenclature) Rules; 1973 ; “Grade” means a National Scale of Pay in which a post or group of posts is placed; “Services” means the civil services of the Federation.   Notwithstanding anything contained in any rule, order, resolution or instruction, the names of services are with immediate effect, change to Federal Unified Grades, and all references to service in any rule, order, resolution or instruction shall, consistent with the subject and context, he construed as reference to the respective Federal Unified Grade. Explanation.-For the purposes of this rule and rule 5, “respective Federal Unified Grade means the Grade to which a civil servant is entitled in respect of his existing post under the National Scales of Pay. All civil posts connected with the affairs of the Federation, not being posts in the All-Pakistan Unified Grades,, shall belong to one of the Federal Unified Grades. All persons who immediately before the coming into force of these rules were members of a service or held a civil post connected with the affairs of the Federation, not being a post in the All-Pakistan Unified Grades, are appointed” in their existing posts to the respective Federal Unified Grades. Notwithstanding anything contained in the Civil Services (Classification, Control and Appeal) Rules and any other rules of orders for the time being in force, all classes and classifications of services and posts as Gazetted and non-Gazetted are abolished. For the purposes of application of any existing rule, order or instruction, reference to a class or to a post as Gazetted or non-Gazetted shall he construed as reference to the corresponding Grade and specified in the table below:   Class Gazetted Posts Corresponding Grades Class I (1) Grades 17 to 23. Class II (2) Grade 16. Non-Gazetted Posts: Class II (3) Grades 11 to 15. Class III (4) Grades 3 to 10. Class IV (5) Grades 1 and 2. Notwithstanding anything contained in any rule, order or instruction, all reservations of posts for purposes of appointment, promotion or transfer in favour of persons belonging to a particular service or cadre, or holding a particular post are abolished. 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]

THE CIVIL SERVICE (CHANGE IN NOMENCLATURE OF SERVICES AND ABOLITION OF CLASSES) RULES, 1973 Read More »

Laws of Pakistan - Library, , , , , , ,
THE SPECIAL PROCEDURE FOR SUPPLY OF FOOD RULES, 1999

THE PUNJAB CIVIL COURTS ORDINANCE, 1962 (W.P. Ordinance II of 1962)

THE PUNJAB CIVIL COURTS ORDINANCE, 1962 (W.P. Ordinance II of 1962) The Punjab Civil Courts Ordinance, 1962 (W.P. Ordinance II of 1962), is a significant piece of legislation that governs the organization, jurisdiction, and procedures of civil courts in the province of Punjab, Pakistan. This ordinance, promulgated in 1962, establishes a structured framework for the functioning of civil courts and the adjudication of civil matters. In this introduction, we will explore the historical context, key objectives, and legal significance of this ordinance.     Sections CHAPTER I PRELIMINARY Short title, extent and commencement. Definitions. CHAPTER II CIVIL COURTS Classes of Courts. Civil Districts. District Judges. Additional District Judges. Original jurisdiction of District Judges in suits. Civil Judges. Pecuniary limits of Jurisdiction of Civil Judges. Local limits of jurisdiction. Power to invest Civil Judges with Small Cause Courts Jurisdiction. Exercise by Civil Judges of Jurisdiction of District Courts in certain proceedings. Places of sitting of Courts. Control of Courts and Presiding Officers. Power to distribute business Delegation of powers by District Judges    CHAPTER III JURISDICTION IN CIVIL APPEALS Appeals from District Judges or Additional District Judges. Appeals from Civil Judges. CHAPTER IV SUPPLEMENTAL PROVISIONS Continuance of powers of officers. Provisions regarding petition-writers. Temporary vacancy of office of District Judge. Delegation of powers of the District Judge. Temporary vacancy of office of Civil Judge. Civil Courts having unlimited jurisdiction regarding value to try suits against the State and its servants in their official capacity. List of holidays. Seal of the Court. Power to frame rules. SCHEDULE   [1][1]THE [2][2][PUNJAB] CIVIL COURTS ORDINANCE, 1962 (W.P. Ordinance II of 1962) [8 January 1962] An Ordinance to amend and consolidate the law relating to Civil Courts in the province of [3][3][the Punjab] Preamble. WHEREAS it is expedient to amend and consolidate the law relating to Civil Courts in the province of [4][4][the Punjab]. [1][1]This Ordinance was promulgated by the Governor of West Pakistan on 10th November, 1961; published in the West Pakistan Gazette (Extraordinary), dated 8th January, 1962, pages 87-96; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). [2][2]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”. 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]

THE PUNJAB CIVIL COURTS ORDINANCE, 1962 (W.P. Ordinance II of 1962) Read More »

Laws of Pakistan - Library, , , , , , , , ,
W.P. BOARD OF REVENUE (CONDUCT OF APPEALS AND REVISIONS) RULES, 1959

W.P. BOARD OF REVENUE (CONDUCT OF APPEALS AND REVISIONS) RULES, 1959

W.P. BOARD OF REVENUE  (CONDUCT OF APPEALS AND REVISIONS) RULES, 1959 The W.P. Board of Revenue (Conduct of Appeals and Revisions) Rules, 1959, represent a significant set of regulations that govern the conduct, procedures, and processes related to appeals and revisions within the jurisdiction of the Board of Revenue in West Pakistan (now part of Pakistan). These rules, established in 1959, provide a structured framework for the handling of appeals and revisions in matters related to land revenue and revenue administration. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules.   Short title and commencement. – (1) These rules may be called the West Pakistan Board of Revenue (Conduct of Appeals and Revisions) Rules, 1959. (2)   The shall come into force at once. Definitions. – In these rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is so say: — (a)   “Full Board” shall, subject to the provisions of sub-section (3) of section 6 of West Pakistan Board of Revenue Act, 1957, consist of all the Members of the Board; provided that in case it is not possible for all Members to be present at the hearing, the number of Members present shall not be less than two. (b)   “Case” means a particular judicial matter under consideration and includes all papers relating to is as are required for its disposal.   Presentation of appeals and application for revisions to the Board. – (1) Every appeal and application for revision made to the Board shall be presented to such Assistant to the Commissioner of the Division to which it relates as may be appointed in this behalf by the Commissioner or the Clerk of the Court of the Board and shall be immediately entered by him in a register to be prescribed by the Board. (2)   The Assistant or the Clerk of the Court shall, after examination, record a note stating whether the appeal or application for revision is in order, is stamped with proper court-fee and is accompanied by certified copies of decrees, judgments and orders passed by the subordinate Court or officer and in case of any defect shall direct the appellant or the applicant to remove the defect within thirty days. (3)   After the defect, if any, have been removed within the prescribed time the Assistant to the Commissioner shall forward the appeal or Application to the Clerk of the Court of the Board. (4)   On receipt of such appeal or application for revision, the clerk of the Court shall immediately place it before the Member concerned for such orders as he may consider appropriate in accordance with the law for the time being in force.   Stay of execution of orders and decrees. – (1) Where an appeal or an application for revision has been made, the Member or the Full Board, as the case may be, may suo motu or on an application made in that behalf, stay the execution of the order or decree appealed from or sought to be revised. (2)   The Commissioner or the Court which passed an order or decree against which an appeal lies, may, on application made before the expiry of the time allowed for appeal direct the execution of such order or decree to be stayed for such time as may be determined or still he stay order is set aside by the Board of the Member, as the case may be. (3)   No order for stay or execution shall be made under sub-rule (1) or (2) unless the officer making it is satisfied — (a)   that substantial loss may result to the party applying for stay       or execution unless the order is make; and (b)   that application has been made without unreasonable delay. (4)   Notwithstanding anything contained in sub-rules (1) and (2) the Member, Board, Commissioner or the Court as the case may be, may make as ex parte order for stay or execution pending hearing of the application.   “4-A.      Disposal of urgent petitions for stay orders. – (i) Urgent petitions for stay of execution of an order or decree appealed from or sough to be revised shall be accompanied by an additional petition in Form ‘A’ annexed to these rules, bearing a court-fee stamp of Rs. 2 and showing the grounds of urgency, and shall be presented before 11 a.m. (ii)   These petitions will be laid down before the Clerk of Court of the Board, who shall ordinarily fix them for hearing on the next day. If, however, the Clerk of Court is satisfied that there is sufficient urgency; he shall submit the petition to the Members-in-charge for orders on the day of presentation. (iii)  In the absence of the members-in-charge, an emergent stay application, verified to the pressing, shall on certification of the Secretary (Establishment), be submitted to the senior-most Member, present in Lahore, for such order as he may deem necessary. Explanation. – For the purposes of this rule Member-in-charge means the Member competent under these rules to deal with the case.   Revision of orders or decree by Full Board. – (1) An application for revision under sub-section (2) of section 7 of the West Pakistan Board of Revenue Act, 1957, shall lie to the Full Board only in cases where the order made or decree passed by the Court, subordinate to the Board, is reserved or modified by a Member of the Board on appeal. (2)   The Full Board shall consist of Members other than the Member who made the order or passed the decree sought to be revised.   — (1) If, in the course of hearing of an appeal or application for revision, any complicated question of law or usage having the force of law or an intricate question of law and fact arises, the Member seized of the case may, after recording reasons therefore, refer the case for consideration of the Full Board which may also include the Member

W.P. BOARD OF REVENUE (CONDUCT OF APPEALS AND REVISIONS) RULES, 1959 Read More »

Laws of Pakistan - Library, , , , , , , , , , ,
The Baluchistan Civil Servants (Appointment, Promotion And Transfer)

THE Baluchistan Civil Servants (Appointment, Promotion And Transfer) Rules, 1979

THE Baluchistan Civil Servants (Appointment, Promotion And Transfer) Rules, 1979 The Baluchistan Civil Servants (Appointment, Promotion, and Transfer) Rules, 1979, constitute a crucial set of regulations that govern the processes of appointment, promotion, and transfer of civil servants in the province of Baluchistan, Pakistan. These rules, established in 1979, provide a structured framework for the recruitment, career advancement, and transfer of government employees. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules.   Part Contents   Part I General   Part II Appointment By Promotion Or Transfer   Part III Initial Appointment   Part IV Ad Hoc And Temporary Appointments   THE Baluchistan Civil Servants (Appointment, Promotion And Transfer) Rules, 1979 In exercise of the powers conferred by subsection (1) of section 25 of the Baluchistan Civil Servants Act, 1974 (Baluchistan Act No. IX of 1974), the Government of Baluchistan is pleased to make the following rules:- Part I – General These rules may be called the Baluchistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979. In these rules, unless there is anything repugnant in the subject or context,– (a) ‘appointing authority’, in relation to a post, means the person authorized under rule 6 to make appointment to that post; (b) ‘Provincial Selection Board’ means the Board constituted by Government for the purpose of selection for promotion or transfer to posts in [basic pay scales (17) and above and equivalent] and consisting of such persons as may be appointed to it by the Government from time to time;   (C) ‘Commission’ means the Baluchistan Public Service Commission;   (d) ‘Departmental Promotion Committee’ means a Committee constituted for the purpose of making selection or promotion or transfer to posts under Department or Office of Government in [basic pay scales 16 and below and equivalent]; (e) ‘Departmental Selection Committee’ means a Committee constituted for the purpose of making selection for initial appointment to posts under Department or Office of Government in [basic pay scales 16 and below and equivalent]; (f) ‘Government’ means the Government of Baluchistan; -(1) Appointments to posts shall be made by any of these methods, namely:-   (a) by promotion or transfer in accordance with Part II of these rules; and   (b) by initial appointment in accordance with Part III of these rules   (2) the method of appointment and the qualifications and other conditions applicable to a post shall be as laid down by the Department concerned in consultation with the Services and General Administration Department. The authorities competent to make appointments to the various posts shall be as follows:- Posts Appointing Authority 1.  Posts in basic pay scale 17 and above Government 2.  Post in basic pay scale 16 (1) Chief Secretary (for Secretariat) (2) Administrative Secretary (for attached Departments) 3.  Posts in basic pay scale 3 to 15 (1) Secretary, S&GAD for (Secretariat) (2) (i) Secretary of the Department; or (ii) Head of an attached Department. 4 Posts basic pay scales 1 and 2 Deputy Secretary or Head of an attached Department or Head of office   5.-(1) In each Department or Office of Government, there shall be one or more Departmental Promotion Committees and Departmental Selection Committees, the composition of which shall be determined by the Department concerned in consultation with the Services and General Administration Department. (2) Each such’ Committee shall consist of at least three members one of whom shall be appointed as Chairman. Where an appointing authority for [posts in basic pay scales 15 and below and equivalent] does not accept the recommendation of the appropriate Departmental Promotion Committee, it shall record reasons therefore and obtain orders of the next higher authority. Part II -Appointment By Promotion Or Transfer Promotions and transfers to posts in basic pay scales 2 to 16 and equivalent shall be made on the recommendations of the appropriate Departmental Promotion Committee and promotions and transfers to posts in basic pay scale 17 and above and equivalent shall be made on the recommendations of the Provincial Selection Board. 7-A. All transfers in BPS-18 and below in the Attached Departments and Subordinate Offices shall be made by Minister In charge except in cases of S & GAD and Police Department in which cases the respective Ministers will be consulted. Persons as possess ‘such’ qualifications and fulfill the conditions laid down for the purpose of promotion or transfer to a post shall be considered by the Departmental Promotion Committee or the Provincial Selection Board, as the case may be. Appointments by transfer shall be made from amongst the persons holding appointment on regular basis in [posts in same basic pay scale or equivalent to or identical with] the post to be filled in . Part III-Initial Appointment Initial appointments to posts in [basic pay scales 1 to 15 and equivalent] shall be made if the posts’ (a) fall within the purview of the Commission, on the basis of examination or test to be conducted by the Commission; (b) do not fall within the purview of the Commission, in the manner as may be determined by Government. 11. Initial appointments to posts in [basic pay scales 1 to 15 and equivalent] shall be made on the recommendations of the Departmental Selection Committee after the vacancies in [posts in basic pay scales 3 to 15 and equivalent] have been advertised in newspapers. A candidate for initial appointment to a post possess the educational qualifications and experience and, except as provided in the rules framed for the purpose of relaxation of age limit, must be within the age limits as laid down for the post. A candidate for appointment shall be citizen of Pakistan and a domicile of the Province of Baluchistan: Provided that this requirement may be relaxed with the approval of the Service and General Administration Department. Vacancies in the under-mentioned posts shall be filled on Provincial basis with the merit and regional or District quota as determined by Government from time to time.   (i) Posts in [basic pay scale

THE Baluchistan Civil Servants (Appointment, Promotion And Transfer) Rules, 1979 Read More »

Laws of Pakistan - Library, , , , , , , , , , , ,
Scroll to Top