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Balochistan Efficiency Discipline Rules 1983

The BALOCHISTAN CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1983

The BALOCHISTAN CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1983 The Balochistan Civil Servants (Efficiency and Discipline) Rules, 1983, form a crucial regulatory framework that governs the efficiency, discipline, and conduct of civil servants in the province of Balochistan, Pakistan. These rules, established in 1983, provide a structured framework for maintaining the integrity and professionalism of the civil service. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules.   Rules Contents   1 Short title, commencement and application.   2 Definitions.   3 Grounds for penalty   4 Penalties.   5 Initiation of proceedings and summary action.   6 Inquiry procedure.   7 Procedure to be observed by the Inquiry Officer or Inquiry Committee.   8 Power of the Inquiry Officer or Inquiry Committee.   9 Rules 5 and 6 not to apply in certain cases.   10 Procedure of inquiry against officers lent to other Government or authority.   11 Powers to order medical examination as to mental or bodily infirmity.   12 Appearance of counsel.   13 Miscellaneous.   14 Appeal.   15 Revision.   16 Repeal.   BALOCHISTAN CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1983 5th May, 1983 In exercise of the powers conferred by section 25 of the Baluchistan Civil Servants Act, 1974 (IX of 1974), the Government of Balochistan is pleased to make the following rules, namely:-   Short title, commencement and application.-(1) These rules may be called the Baluchistan Civil Servant (Efficiency and Discipline) Rules, 1983.   (2)   They shall come into force at once and shall apply to all civil servants wherever they may be and shall also apply to or in relation to a person in temporary employment in the service of Balochistan.   Definitions.- (1) In these rules, unless the context otherwise requires, the following expressions shall have meanings hereby respectively assigned to them, that is to say:-   (a)   “Accused” means a civil servant against whom action is taken under these rules;   (b)   “Authority” means the Government or an officer or authority designated by it to exercise the powers of the authority under these rules in respect of any category of officer;   (c)   “Authorized Officer” means an officer authorized or designated by Government to perform the functions of an Authorized Officer under these rules:   Provided that where in the case of a civil servant no authorized Officer has been so Authorized or designated, the authority shall have power to appoint an officer to act as authorized officer in that case.   Provided further that in relation to a civil servant, the authority may be authorized to act Authorized Officer;   (d)   “Appellate Authority” means the authority specified in the Balochistan Civil Servants (Appeal) Rules, 1983.   (e)   “Misconduct” means conduct prejudicial to good order or service discipline or contrary to the Balochistan Government Servants (Conduct) Rules, 1979 or unbecoming of an officer and a gentleman and includes any act on the part of a civil servant to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Government or Government officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a civil servant;   (f)    “Penalty” means a penalty which may be imposed under these rules.   (2)   Words and expressions used but riot defined shall have the same meanings as assigned to them in the Balochistan Civil Servants Act, 1974.   Grounds for penalty.-Where a civil servant, in the opinion of the authority;   (a)   is inefficient or has ceased to be efficient; or   (b)   is guilty of gross negligence; or   (c)   is guilty of misconduct; or   (d)   is corrupt, or may reasonably be considered corrupt because-   (i)    he is, or any of his dependents or any other person through him or on his behalf is, in possession (for which he cannot reasonably account) of pecuniary resources or of property disproportionate to his known sources of income; or   (ii)   he has assumed a style of living beyond his ostensible means; or   (iii)  he has a persistent reputation of being corrupt; or (e)   is engaged or is reasonably suspected of being engaged, in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorized person, and his retention in service is, therefore, prejudicial to national security, the authority may impose on him one or more of the penalties prescribed in rule 4.   Penalties. “(I) The following are the penalties, namely:–   (a)   censure;   (b)   withholding, for a specific period, promotion or increment, otherwise than for unfitness for promotion or financial advancement, in accordance with rules or orders pertaining to the service or post;   (c)   stoppage, for a specific period, at an efficiency bar in the time-scale, otherwise than for unfitness to cross such bar;   (d)   recovery from pay of the whole or any part of any pecuniary loss caused to Government by negligence or breach of order;   (e)   reduction to a lower post or time-scale, or a lower stage in a time scale;   (f)   compulsory retirement;   (g)   removal from service; and   (h)   dismissal from service; and   (2)   Removal from service does not, but dismissal from service does disqualify for future employment with the Government or any body or corporation established, owned or controlled by the Government.   (3)   In this rule, removal or dismissal from service does not include in discharge of a person-   (a)   appointed on probation, during the period of probation or in accordance with the probation or training rules applicable to him ; or   (b)   appointed, otherwise than under a contract, to hold a temporary appointment, on the expiration of the period of appointment; or  

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The Baluchistan Government Servants (Conduct) Rules, 1979,

The Baluchistan Government Servants (Conduct) Rules, 1979

The Baluchistan Government Servants (Conduct) Rules, 1979  The Baluchistan Government Servants (Conduct) Rules, 1979, are a significant set of regulations that govern the conduct and behaviour of government employees in the province of Baluchistan, Pakistan. These rules, enacted in 1979, outline the standards of behaviour, ethics, and professionalism expected from government servants. In this introduction, we will explore the historical context, key objectives, and legal significance of these rules. Rules Contents 1 Short title and commencement 2 Extent of application 3 Definitions 4 Gifts 5 Acceptance of foreign awards 6 Public demonstration in honour of Government servants 7 Gift to medical officers 8 Subscriptions 9 Lending and borrowing 10 Buying and selling of movable and immovable property 11 Construction of building etc. 12 Declaration of property 13 Disclosure of assets, immovable, movable and liquid 14 Speculation and investment 15 Promotion and management of companies, etc. 16 Private trade, employment or work 17 Subletting of residential accommodation allotted by Government 18 Government servants not to live beyond his means, etc. 19 Insolvency and habitual indebtedness 20 Unauthorized communication of official documents or information 21 Approach to Members of the Assemblies, etc. 22 Management etc. of newspapers or periodicals 23 Radio broadcasts, television programmes and communication to the Press 24 Publication of information, public speeches and television programmes capable of embarrassing the Government 25 Evidence before Committees 26 Taking part in politics and elections 27 Propagation of sectarian creeds, etc. 27-A Government servants not to express views against ideology of Pakistan 27-B Government servants are not to take part in or assist, any public demonstration against Government decisions etc. 28 Nepotism, favouritism victimization, etc. 29 Vindication by Government servants of their public acts or character 30 Membership of Service associations 31 Use of political or other influence 32 Approaching foreign missions and aid-giving agencies 33 Delegation of powers 33-A Relaxation Short title and commencement.-(1) These rules may be called the Baluchistan Government Servants (The Baluchistan Government Servants (Conduct) Rules, 1979         1 They shall come into force at once. Extent of application rules shall apply to all persons, whether on duty or on leave, within or without Baluchistan, serving in connection with the affairs of the Province of Baluchistan, including the employees of the Provincial Government deputed to serve with a Statutory Corporation or with a non-Government employer, but excluding- (a) members of an All-Pakistan Service serving in connection with the affairs of the Province; (b) holders of such posts in connection with the affairs of the Province of Baluchistan, as the Provincial Government may, by a notification in the official Gazette, specify on this behalf. Definitions.-(1) In these rules, unless there is anything repugnant in the subject or context- (a) ‘Government’ means the Government of Baluchistan; (b) ‘Government Servant’ means a person to whom these rules apply; (c) ‘Member of a Government Servant’s family’ includes- (i) his wife, children, and step-children, parents, sisters and minor brothers residing with and wholly dependent upon the Government servants; and (ii) any other relative of the Government servant or his wife when residing with and wholly dependent upon him; but does not include a wife legally separated from the Government servant, or a child or step-child who is no longer in any way dependent upon him, or of whose custody the Government servant has been deprived by law; and (d) ‘Province’ means the Province of Balochistan. (2) Reference to a wife in clause (c) of sub-rule (1) shall be construed as reference to the husband where the Government servant is a woman. Gifts.-(1) Save as otherwise provided in this rule, no Government servant shall, except with the previous sanction of Government, accept or permit any member of his family to accept, from any person any gift the receipt, of which will place him under any form of official obligation to the donor. If the offer of a gift cannot be refused without giving undue offence it may be accepted and delivered to the Government for decision as to its disposal. (2) If any question arises whether receipt of a gift places a Government servant under any form of official obligation to the donor, the decision of the Government thereon shall be final. (3) If any gift is offered by the head of the representative of a foreign State, the Government servant concerned should attempt to avoid acceptance of such a gift, if he can do so without offending. If however, he cannot do so he shall accept the gifts and shall report its receipt to Government for orders as to its disposal. (4) A Government servant may accept gifts offered abroad or within Pakistan by institutions or official dignitaries of Foreign Government of comparable or higher level; provided that the value of such gift in each case does not exceed rupees one thousand. (5) A Government servant desirous of retaining gift value of which exceeds rupees one thousand may retain it on payment of difference, after evaluation of the gift by a Committee headed by the Chief Secretary: Provided that the gift shall first be offered for sale to the person who received it from a foreign dignitary. Acceptance of foreign awards.-No Government servant shall, except with the approval of the Government of Balochistan, accept a foreign award, title or decoration. Explanation.-For the purposes of this rule, the expression ‘approval of the Government’ means prior approval in ordinary cases and post facto approval in special cases where sufficient time is not available for obtaining prior approval. Public demonstration in honour of government servants.- No Government servant shall encourage meetings to be held in his honour or presentation of addresses of which the main purpose is to raise him. Gift to medical officers to the departmental rules on this behalf, a medical officer may accept any gift of moderate value offered in good faith by any person or body of persons in recognition of his professional services. Subscriptions. -No Government servant, shall, except with the previous sanction of Government, ask for or accept

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How to Register a Trust Fund in Pakistan

How to Register a Trust Fund in Pakistan

How to Register a Trust Fund in Pakistan   Trust funds in Pakistan serve as crucial instruments for estate planning, charitable purposes, and financial management. Historically governed by the Trust Act of 1882, Pakistan’s trust law underwent significant changes in 2020, when this colonial-era legislation was repealed and replaced by new provincial laws. These legal reforms, tailored to address contemporary financial challenges like money laundering and terrorist financing, marked a pivotal shift in the regulatory landscape of trust funds in the country. The concept of a trust involves holding property or assets by one party for the benefit of another. Trusts in Pakistan are now governed by distinct laws in each province and the Islamabad Capital Territory, reflecting the diverse legal needs of these regions. The introduction of these laws aligns Pakistan’s trust regulation with international standards, especially concerning transparency and accountability. Who can benefit from a trust fund in Pakistan? Setting up a trust in Pakistan is a strategic decision that can benefit various individuals and entities, depending on their specific needs and objectives. Individuals with considerable assets, who wish to ensure efficient and managed distribution to their beneficiaries, often consider establishing a trust. This includes families seeking to preserve wealth across generations, or those wanting to support minors, persons with disabilities, or other dependents in a structured manner. Moreover, entrepreneurs and business owners might establish trusts to manage and protect business assets, or to facilitate succession planning. Charitable organizations or philanthropists often use trusts to allocate funds for social, educational, or religious causes, ensuring sustained support over time. Trusts also offer a vehicle for investment ventures, like real estate or other commercial enterprises, providing a layer of legal structure and clarity. In essence, trusts in Pakistan are versatile tools that can cater to diverse needs, from personal estate planning to business management and philanthropic endeavors. Understanding the specific benefits and obligations of trust in the Pakistani legal context is crucial for anyone considering this option. Understanding the New Legal Framework The legislative landscape for trusts in Pakistan transformed in 2020 with the repeal of the Trust Act 1882. This change was enacted through the introduction of new provincial laws in Sindh, Punjab, Khyber Pakhtunkhwa, Balochistan, and the Islamabad Capital Territory (ICT). Each province crafted its legislation to cater to its specific legal environment while aligning with national objectives to combat money laundering and terrorist financing. These new laws address the Financial Action Task Force’s recommendations for stricter oversight of trusts and waqfs (Islamic charitable trusts). A significant aspect of the reform is the requirement for both movable and immovable property trusts to be registered, a departure from the earlier practice where only immovable property trusts needed registration. This step enhances transparency and accountability in trust management. The updated laws introduce stringent verification processes for trust registration. Trust applicants must now provide comprehensive details, including the purpose of the trust, the trustees, beneficiaries, and those exerting ultimate control. This ensures a more thorough scrutiny by the registering authorities and aligns with international standards of financial oversight. Furthermore, the new framework has brought pre-existing trusts under its ambit. Trusts established under the old law or otherwise are mandated to re-register under the new legislation, ensuring compliance with contemporary legal requirements. Types of Trusts in Pakistan: Private, Public, and Specialized Trusts in Pakistan can be broadly categorized into: Private trusts Public charitable trusts, and Specialized trusts Each is governed by specific regulatory frameworks under the new provincial laws. Private trusts are typically set up for the benefit of a select group of beneficiaries, often family members. Public trusts, on the other hand, are established for charitable, religious, or educational purposes, benefiting a larger section of the community. The 2020 legal reforms introduced the concept of specialized trusts. These are designed for more complex financial arrangements like collective investment schemes, pension funds, and employee benefit trusts. The laws in Sindh, Khyber Pakhtunkhwa, and ICT have carved out exemptions and distinct registration processes for these specialized trusts. For instance, they may require a no-objection certificate from relevant regulatory authorities, reflecting the specific nature and purpose of the trust. Registration processes vary depending on the type of trust. While private and public trusts must adhere to the general registration requirements, specialized trusts follow a slightly different pathway, emphasizing regulatory compliance in their specific financial domains. This differentiation is crucial for trust founders and trustees to understand, as it dictates the legal and operational framework they must navigate. Registration and Compliance Under New Laws The registration and compliance processes for trusts in Pakistan have become more stringent and detailed under the new provincial laws. Every trust, encompassing both movable and immovable property, now requires registration, a significant change from the previous legal framework. The registration process involves a comprehensive verification of information supplied by the trustee, which includes the trust’s purpose, details of the trustees, beneficiaries, and any persons with ultimate control over the trust. This detailed scrutiny is designed to enhance the transparency and accountability of trust operations. Once registered, some provinces, like Sindh and Khyber Pakhtunkhwa, require annual renewal of the registration, ensuring continuous compliance with the legal requirements. For existing trusts, the new legislation mandates re-registration. This includes trusts created under the old Trust Act 1882 or any other provincial regulations. This re-registration is essential for these trusts to continue functioning legally. The role of the trustee has also been expanded to include stringent record-keeping obligations. Trustees are required to maintain accurate accounts of the trust property and its income, including conducting third-party audits and submitting annual financial reports to the registering authority. Additionally, any significant changes related to the trust’s assets or associated persons must be promptly reported. Trustees’ Duties and Record Keeping Obligations Under the new trust laws in Pakistan, the responsibilities of trustees have been significantly expanded, especially in terms of record-keeping and compliance. Trustees are now required to maintain detailed accounts of the trust’s property and its income. This involves not only accurate record-keeping but also the

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The Baluchistan Civil Servants (Appeal) Rules, 1983

  Baluchistan Civil Servants (Appeal) Rules, 1983 Baluchistan Civil Servants (Appeal) Rules, 1983, represent a vital component of administrative justice in the province of Baluchistan, Pakistan. These rules, enacted in 1983, provide a structured framework for the process of appeals filed by civil servants against various administrative decisions and actions. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules. In exercise of the powers conferred by section 25 of the Baluchistan Civil Servants Act, 1974 (IX of 1974), the Government of Baluchistan is pleased to make the following rules, namely:- (1) These rules may be called the Baluchistan Civil Servants (Appeal) Rules, 1983. (2) They shall come into force at once In these rules, unless there is anything repugnant in the subject or context:- (a) ‘appellate authority’ means the officer or authority next to the authority; (b) ‘authority’ means the authority competent to appoint a civil servant under the rules applicable to him or an authority competent to impose a penalty; and (c) ‘Penalty’ means a penalty provided for in the Baluchistan Civil Servants (Efficiency and Discipline) Rules, 1981. Every Civil Servant shall be entitled to appeal to the appellate authority from an order passed by an authority imposing upon him any penalty: Provided that, where the penalty is imposed by an order of the Chief Minister, the Civil Servant shall have no right to appeal but he may apply for review of the order. A Civil Servant shall be entitled to appeal to the appellate authority from an order passed by an authority which- (a) alters to his disadvantage his conditions of service, pay allowances or pension; or (b) interprets to his disadvantage the provisions of any rules whereby his conditions of service, pay, allowances or pension; are regulated; or (c) reduces or withholds the maximum pension, including an additional pension, admissible to him under the rules governing pensions; or (d) terminates his employment or gives notice of such termination otherwise than- (i) on his reaching the age of superannuation, or (ii) by[wpforms id=”6422″][wpforms id=”6422″ title=”true”][wpforms id=”4649″][wpforms id=”6422″ title=”true”] the provisions of the Baluchistan Civil Servants Act, 1974 (IX of 1974) Provided that a person appointed by the Chief Minister shall have no right to appeal from an order passed by the Chief Minister, but he may apply for review of the order: Provided further that no appeal or review shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or grade. (1) Every person preferring an appeal shall do so separately and in his name. (2) Every appeal preferred under these rules shall contain all material statements and arguments relied upon by the appellant, shall contain no disrespectful or improper language, and shall be complete in itself. (3) Every appeal shall be submitted through the Head of the Office to which the appellant belongs or belongs. (4) Every appeal shall be submitted within sixty days of the communication of the order appealed against. (1) In the case of an appeal under rule 3 the appellate authority shall consider- (a) whether the facts on which the order appealed against was based have been established. (b) whether the facts established afford sufficient ground for taking action; and (c) whether the penalty is excessive, adequate, or inadequate and after such consideration, shall confirm, set aside or modify the previous order. (2) In the case of an appeal under rule 4, the appellate authority shall pass such order as, having regard to all circumstances of the case, appears to it just and equitable. (3) The authority from whose order an appeal is preferred under these rules shall give effect to any order made by the appellate authority. (1) An appeal may be withheld by an authority not lower than the authority from whose order it is preferred if:- (a) it is an appeal in a case in which no appeal lies under these rules; or (b) it does not comply with the provisions of sub-rule (1), (2), or (3) of rule 5; or (c) it is not preferred within the time specified in sub-rule(4) of rule 5 and no reasonable cause is shown for the delay; or (d) it is addressed to the authority to which no appeal lies under these rules: Provided that in every case in which an appeal is withheld, the appellant shall be informed of the fact and the reasons for it: Provided further that an appeal withheld on account of only of failure to comply with the provisions of sub-rule (2) or (3) of rule 5 or clause (d) may be resubmitted within one month of the date on which the appellant is informed of the withholding of the appeal and, if resubmitted in a form which complies with those provisions or is addressed to the proper appellate authority, as the case may be, shall not be withheld. (2) No appeal shall lie against the withholding of an appeal by an authority competent to do so. (1) Every appeal that is not withheld under these rules shall be forwarded to the appellate authority with comments by the authority from whose order the appeal is preferred. (2) A list of appeals withheld under rule, 7, with reasons for withholding them, shall be forwarded quarterly by the withholding authority to the appellate authority. (3) An appellate authority may call for any appeal admissible under these rules which has been withheld by a subordinate authority and may pass such order thereon as it considers fit. (1) Nothing in these rules shall operate to deprive any person of any right of appeal that he would have had if these rules had not been made, in respect of any order passed before they came into force. (2) All appeals pending immediately before the coming into force of these rules shall be deemed to be appeals under these rules.

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THE APPRENTICESHIP ORDINANCE, 1962

THE APPRENTICESHIP ORDINANCE, 1962 The Apprenticeship Ordinance, of 1962, marked a significant development in Pakistan’s labour and vocational training landscape. Enacted as Ordinance No. LVI of 1962, this legislation provided a structured framework for the establishment of apprenticeship programs in various industries. In this introduction, we will explore the historical context, objectives, and legal significance of this ordinance. An Ordinance to make provision for promoting, developing and regulating systematic apprenticeship programmes in the in­dustries and for securing certain minimum standards of skill. whereas it is expedient to make provision for promoting, developing and regulating systematic apprenticeship programmes in the industries and for securing certain minimum standards of skill; Now, therefore, in pursuance of the Proclamation of the seventh day of October 1958, and in the exercise of all powers enabl­ing him in that behalf, the President is pleased to make and promulgate the following Ordinance:— Short title, extent and commencement. —(1) This Ordinance may be called the Apprenticeship Ordinance, 1962. (2) It extends to the whole of Pakistan. (3) It shall come into force on such date or dates and in respect of such undertakings as the Provincial Government may, by notification in the official Gazette, appoint on this behalf.   Definition. In this Ordinance, unless there is anything repugnant in the subject or context,— (a) “apprentice” means a person undergoing training through the system of apprenticeship; (b) “apprentice able trade” means such trade or occupation as the competent authority may, from time to time, keeping in view— (i) the nature of the trade and the degree of skill involved therein; and (ii) the amount of practical training and related theo­retical instruction necessary  for attaining the laid down standards of skill and proficiency in the trade, declare, by notification in the official Gazette, to be an apprenticeable trade for this Ordinance; (c) “apprenticeship” means a system of training in which an employer undertakes to employ a person and to train him or have him trained systematically in an apprenticeable trade for a period the duration of which has been fixed in advance and in the course of which the apprentice is bound to work in the employer’s service; (d) “competent authority” means such officer as the Provincial Government may, by notification in the official Gazette, appoint to be a competent authority for this Ordinance; (e) “employer” means any person who employs five or more persons in an apprenticeable trade in an under­taking, either directly or through another person, whether on behalf of himself or any other person, and includes any person who has ultimate control over, or is responsible to the owner thereof for, the affairs of an undertaking; (f) “industrial establishment” shall have the same meaning as assigned to it in the Industrial and Commercial Employment (Standing Orders) Ordinance, 1960; (g) “prescribed” means prescribed by rules; (h) “rules” means rules made under this Ordinance; (i) “Undertaking” means any industrial establishment wherein fifty or more persons are employed, or were employed on any day of the preceding twelve months.   Tripartite Advisory Committees. The Provincial Government may, by notification in the official Gazette, constitute in the prescribed manner such Provincial and Regional Tripartite Advisory Committees to advise the Provincial Government and the competent autho­rity on matters relating to apprenticeship as it may consider necessary.   Obligations of employers. Subject to the other provisions of this Ordinance and the rules, an employer— (1) shall be bound to ensure proper compliance with the provisions of this Ordinance and the rules in his under­taking; (2) shall, by the rules, introduce and operate an apprenticeship programme in his under­taking and get the programme registered with the competent authority within such time as may be pres­cribed; (3) shall train apprentices in the proportion of a minimum of twenty per cent. of the total number of persons employed in apprenticeable trades, on an average n his undertaking, or in such other proportion as the competent authority may, by order in writing, deter­mine in respect of his undertaking; (4) who had already introduced an apprenticeship pro­gramme in his undertaking before the commence­ment of this Ordinance shall modify the programme to bring it in conformity with the provisions of this Ordinance and the rules and register such modified programme with the competent authority within such time as may be prescribed; (5) shall be responsible for ensuring that an apprentice re­ceives within the normal working hours related theore­tical instruction to the extent of at least twenty per cent. of the total working hours; (6) shall initiate and operate an apprenticeship programme entirely at his own cost; and (7) shall not, without the approval in writing of the com­petent authority, engage as an apprentice any person who has been an apprentice with another employer and has left his apprenticeship or been discharged by such other employer on disciplinary grounds.   Relief from income tax, etc. —(1) Notwithstanding anything to the contrary con­tained in the Income-tax Act, 1922, income tax shall not be pay­able by an employer in respect of any expenditure incurred by him on the operation of an apprenticeship programme in accor­dance with the provisions of this Ordinance and the rules. (2) Notwithstanding anything to the contrary contained in the Imports and Exports (Control) Act, 1950, or any rule or order made thereunder, the Central Government may, by order, make provision for the grant to the employers of licences for the import of such goods or articles as may in its opinion be required by the employers for operating apprenticeship pro­grammes under this Ordinance.   Advice and guidance to employers. —(1) Subject to the provisions of this Ordinance and the rules, the competent authority shall offer to the employers all possible technical advice and guidance in all matters relating to the apprenticeship programmes put into operation by the em­ployers in their undertakings by the provisions of this Ordinance and the rules.   Obligations of apprentices. —(1) Subject to the other provisions of this Ordinance and the rules, an apprentice— (a) shall learn his trade conscientiously and diligently and

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THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000

THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000

THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000 The Secretariat Allowance (Rescission of Orders, etc.) Ordinance, 2000, is a significant piece of legislation in Pakistan that addresses the issue of secretariat allowances within the government sector. This ordinance, enacted in 2000, deals with the rescission and modification of previous orders and regulations related to secretariat allowances. In this introduction, we will explore the historical context, objectives, and legal significance of this ordinance. Short title, extent, and commencement Rescission of certain orders Removals of difficulties   THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000 ORDINANCE No. XII of 2000 [30th March, 2000] An Ordinance to provide for rescission of certain orders relating to Secretariat Allowance WHEREAS it is expedient to provide for the rescission of certain orders relating to the Secretariat Allowance granted to certain employees of the Federal Government to provide for matters connected therewith and incidental thereto; AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the Proclamation of Emergency of the fourteenth day of October 1999, and the Provisional Constitution Order No. 1 as amended; 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 the fourteenth day of October 1999, and Provisional Constitution Order No. 1 as amended as well as Order No. 9 of 1999, and in the 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:— Short title, extent, and commencement. ___ (1) This Ordinance may be called the Secretariat Allowance (Rescission of Orders, etc.) Ordinance, 2000. (2) It shall come into force at once. Rescission of certain orders. ___ (1) The orders, office memorandums, instructions, and other instruments whereby the Secretariat Allowance was granted to certain Federal Government Employees in the Federal Secretariat, President’s Secretariat, Prime Minister’s Secretariat, National Assembly Secretariat, the Senate Secretariat, and other organizations of the Federal Government and the orders, office memorandums, instructions, and other instruments amending the aforesaid orders office memorandums, instructions, and other instruments, hereinafter referred to as the orders, converting the Secretariat Allowance into Personal Allowance is hereby rescinded and shall be deemed always to have been so rescinded on the 1st July 1988, and no financial benefit whatsoever, save and except as provided in sub-section (2), shall accrue or be deemed to have accrued or become payable thereunder to the persons employed in the aforesaid Secretariats and other Organisations of the Federal Government notwithstanding any decision of any Court including the High Court and the Supreme Court. (2) Any order made, instruction issued, or decision of any Court including a High Court or the Supreme Court implemented immediately before the commencement of this Ordinance, shall be deemed to have been validly made, issued, and implemented, and the amount of Secretariat Allowance including Personal Allowance already paid thereunder shall be deemed to have been validly paid and shall not be recoverable from the recipients of such allowances. Removals of difficulties. ___ If any difficulty arises in giving effect to the provisions of this Ordinance, the Federal Government may make such order as it may deem just and equitable to provide recompense for the benefit of the Federal Government Servants who were recipients of the Secretariat Allowance or the Personal Allowance. 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. [wpforms id=”6422″]

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ALL PAKISTAN SERVICES (CHANGE IN NOMENCLATURE) RULES, 1973

ALL PAKISTAN SERVICES (CHANGE IN NOMENCLATURE) RULES, 1973

ALL PAKISTAN SERVICES (CHANGE IN NOMENCLATURE) RULES, 1973 All Pakistan Service Rules of 1973, a pivotal legal framework shaping the administrative landscape of Pakistan. Enacted to govern the conduct and responsibilities of public servants, these rules stand as a cornerstone for the effective functioning of various government services, outlining the standards and expectations that define the roles of those dedicated to public service. S.R.O. 1307(1)/73.-In exercise of the powers conferred by section 25 of the Civil Servants Ordinance, 1973 (XIV of 1973), the President is pleased to make the following rules:- These rules may be called the All-Pakistan Services (Change in Nomenclature) Rules, 1973, and shall come into force at once. These rules apply to all members of the Civil Services of Pakistan and the Police Service of Pakistan. Notwithstanding anything contained in any rule, order, resolution or instruction, the names of the Civil Service of Pakistan and the Police Service of Pakistan are, with immediate effect, changed to All-Pakistan Unified Grades, and all references to Civil Service of Pakistan and Police Service of Pakistan in any rule, order, resolution or instruction shall be construed as a reference to All-Pakistan Unified Grades. All persons who, immediately before the coming into force of these rules, were members of the Civil Service of Pakistan or the Police Service of Pakistan are appointed, in their existing posts, to All-Pakistan Unified Grades. 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. [wpforms id=”6422″]

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AGRICULTURAL PESTICIDES ORDINANCE, 1971

AGRICULTURAL PESTICIDES ORDINANCE, 1971

AGRICULTURAL PESTICIDES ORDINANCE, 1971 The Agricultural Pesticides Ordinance, 1971 stands as a cornerstone of responsible pesticide management in Pakistan. Enacted on 25th  January, 1971, it recognized the crucial role that pesticides play in agricultural productivity while acknowledging the potential harm they can inflict on human health and the environment. This forward-thinking legislation established a comprehensive framework to regulate the import, manufacture, sale, distribution, and use of pesticides, aiming to strike a delicate balance between agricultural needs and environmental sustainability. Delving into the specifics of the ordinance, we’ll examine the registration process for pesticides, ensuring their safety and efficacy. We’ll explore labeling requirements that empower informed decision-making for users. Storage and disposal guidelines will be examined, highlighting responsible practices to safeguard public health and ecological well-being. By delving into these aspects, we’ll gain a deeper understanding of how the Agricultural Pesticides Ordinance, 1971, paves the way for a more sustainable and responsible approach to pest management in agriculture. ORDINANCE NO. II OF 1971   An Ordinance to regulate the import, manufacture, formulation, sale, distribution and use of pesticides. whereas it is expedient to regulate the import, manufacture, formulation, sale, distribution and use of pesticides and for matters ancillary thereto ; and whereas the national interest of Pakistan in relation to the achievement of uniformity requires Central legislation in the matter; Now, therefore, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:—   CHAPTER I INTRODUCTORY 1.—    Short title, extent and commencement. (1) This Ordinance may be called the Agricultural Pesticides Ordinance, 1971. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. Application of other laws not barred. The provisions of this Ordinance shall be in addition to, and not in derogation of, the provisions of the Poisons Act, 1919, and any other law for the time being in force. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context, the expression— (a) “ adulterated “ when used with reference to a pesticide, means any pesticide the strength or purity of which falls below the professed standard or quality which is expressed on its label or under which it is sold or a pesticide any valuable ingredient of which has been wholly or partially extracted ; (b) “ advertise “ means to make known by publication or distribution of any advertisement, circular or other notice ; (c) “ brand “ means the trade name applied by an importer, manufacturer, formulator or vendor to the goods im­ported, manufactured or sold by him ; (d) “ Committee “ means the Agriculture Pesticide Techni­cal Advisory Committee constituted under this Ordinance ; (e) “ formulation “ means the process by which a pesticide is converted, by mixing with other substances, in to a form in which it is ready to be used ; (f) “fungi” means all rusts, smuts, mildews, moulds, yeasts, and similar forms of plant life prescribed in this behalf and includes bacteria affecting plant life ; (g) “ Government Analyst “ means a Government Analyst appointed under this Ordinance ; (K) “ guarantee “ means the statement indicating the stren­gth, effectiveness and other qualities of a brand of a pesticide which an importer, manufacturer, formulator, vendor or person holding stock for sale of a brand of a pesticide is required to submit under the rules at the time of applying for the registration of the brand ; (i) “ Inspector “ means an Inspector appointed under this Ordinance ; (j) “ ingredient “ means any material used in mailing a pesticide; (k) “ insect “ means any of the small invertebrate animals commonly known as insects and includes such forms of animal life as may be prescribed ; (l) “ label “ means the written, printed or graphic matter on, or attached to, a pesticide or the immediate con­tainer thereof, and the outside container or wrapper of the retail package, if any, of the pesticide ; (m) “package “ includes every container; (n) “ pesticide “ means any substance or mixture of subs­tances used or represented as a means for preventing, destroying, repelling, mitigating or controlling, directly or indirectly, any insect, fungus, bacterial organism, nematodes, virus, weed, rodent, or other plant or animal pest ; but does not include a substance which is a  drug within the meaning of the Drugs Act, 1940; (o) “ prescribed “ means prescribed by rules made under this Ordinance ; (p) “ registered “ means registered under this Ordinance ; (q)  registration number “ means a specific number assigned   by the federal Government to each registered brand of pesticide ; (r) “ rules “ means rules made under this Ordinance ; and (s) “ weed “ means any plant which grows where not wanted.   CHAPTER II IMPORT, MANUFACTURE, FORMULATION, SALE, DISTRIBUTION, AND USE OF PESTICIDES. Pesticides to be registered. No person shall import, manufacture, formulate, sell, offer for sale, hold in stock for sale or in any manner advertise any brand of pesticide which has not been registered in the manner hereinafter provided. 5—  Application for registration of pesticide.  (1) Any person intending to import, manufacture, for­mulate, sell, offer for sale, hold in stock for sale or advertise any brand of a pesticide may apply to the l Federal Government for the registration of the brand under such name as he may indicate in the application. (2) An application under sub-section (1) shall be in such form, be accompanied by such fee and contain such statements and information as may be prescribed. (3) Where the person making an application under sub­section (1) is not domiciled in Pakistan, the application shall, besides such person, be signed by his agent or representative in Pakistan. (4) Upon the receipt of an application under sub-section (1), the Federal Government may register a brand of a pesticide by

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Divorce Lawyers in Pakistan

Divorce Lawyers in Pakistan

Divorce Lawyers in Pakistan: Their Roles and Functions   In Pakistan, where the dynamics of divorce are influenced by a unique blend of Islamic and civil law, the role of divorce lawyers is pivotal. They navigate a legal landscape that, while grounded in religious principles, also adapts to contemporary societal changes. This guide offers an overview of the crucial function of divorce lawyers in Pakistan, highlighting how their expertise facilitates a process that is often more straightforward yet nuanced compared to Western jurisdictions. Their role extends beyond legal representation, encompassing advocacy for fair settlements, alimony, and asset recovery, ensuring that their clients’ rights and interests are effectively protected. Understanding Divorce Laws in Pakistan Divorce in Pakistan is governed by laws that reflect Islamic principles, coupled with statutory regulations: Muslim Family Laws Ordinance, 1961: This ordinance regulates the process of Talaq (divorce initiated by the husband) and Khula (divorce initiated by the wife), outlining procedures that ensure rights are respected. Dissolution of Muslim Marriages Act, 1939: It provides various grounds on which a Muslim woman can seek divorce, expanding the scope beyond the traditional Talaq process. Family Courts Act, 1964: Establishes special courts for expeditiously handling family matters, including divorce, to streamline the process.   In Pakistan, the divorce process is generally more straightforward than in many Western countries. The involvement of family courts and the emphasis on Islamic law often led to a quicker resolution. However, complexities arise in matters of custody, alimony, and asset division, requiring the skilled navigation that divorce lawyers provide.   The Role of a Divorce Lawyer in Pakistan   Divorce lawyers in Pakistan play a multifaceted role, extending beyond mere legal representation. One critical aspect is their involvement in pre-trial stages, where they may work towards saving the marriage if the litigants desire reconciliation. This often involves arranging mediation and counseling sessions, aiming to resolve disputes amicably. In cases where divorce is inevitable, lawyers adeptly handle negotiations for settlements, custody arrangements, alimony, and division of assets.   Furthermore, divorce lawyers are instrumental in facilitating divorce proceedings for overseas clients. They provide a crucial link for Pakistanis living abroad who find it more feasible, both in terms of time and cost, to obtain a divorce in Pakistan – especially if the marriage was registered there. Lawyers handle the intricacies of Pakistani divorce laws and ensure that the divorce decree is legally recognized and properly documented for registration abroad. This service is particularly valuable given the potential complexities of international legal systems and the challenges of navigating them from a distance.   Comparative Perspective: Divorce in Pakistan vs. USA/UK   Divorce procedures in Pakistan, characterized by their adherence to Islamic law and the involvement of family courts, tend to be more straightforward and efficient compared to the protracted processes often seen in the USA or UK. Pakistani divorce lawyers focus on expediting the divorce process, emphasizing the quick resolution of cases. This efficiency is particularly beneficial in financial negotiations and custody arrangements, where prolonged disputes can be emotionally and financially taxing. In contrast, divorce proceedings in Western countries like the USA and the UK can involve more complex legal battles, particularly over assets and child custody. The role of lawyers in these jurisdictions often extends to extensive litigation, with cases sometimes taking years to resolve. The comparatively quicker resolution in Pakistan can be attributed to the relatively simplified processes under family court systems in Pakistan and the specific provisions of Islamic law, which results in minimizing the duration of legal proceedings.   For overseas Pakistanis, the efficiency of getting a divorce in Pakistan, especially when the marriage is registered in Pakistan, offers a practical alternative. It avoids the lengthy and often more expensive legal processes in their country of residence. Pakistani divorce lawyers are adept at handling these cross-border legal nuances, ensuring that their clients navigate the process smoothly.   When to Consult a Divorce Lawyer in Pakistan   Consulting a divorce lawyer in Pakistan is essential in several circumstances: Receiving a Notice or Summons: If you have received a notice from court, or a notice from a Union Council, about divorce proceedings being initiated against you, it is in your best interest to engage a divorce lawyer as soon as possible. They may be able to request mediation, or at least better understand what matters are being presented to the court. Financial or Property Matters: When there are substantial assets, property, trust funds, or debts involved in the nikkahnama (Marriage Contract), a lawyer can help navigate the division and settlement process. This can be in the presence or absence of a Prenuptial Agreement. Child Custody and Support Matters: Legal expertise is crucial to resolving initial custody disputes and determining appropriate child support and child visitation, prioritizing the child’s best interests. Domestic Violence or Abuse: In cases involving abuse, legal intervention is necessary to ensure the safety of the victim and to address the legal implications of the divorce process. Overseas Pakistanis: For those living abroad, a lawyer can facilitate divorce proceedings in Pakistan, which might be more expedient and cost-effective than divorcing abroad, especially if the marriage was registered in Pakistan. Filing a Suit of Conjugal Rights: Depending on the case, a lawyer may advise filing a suit of conjugal rights as a step towards reconciliation or as part of the divorce process. A divorce lawyer ensures that one’s rights are protected and that the process complies with legal standards, providing peace of mind during a challenging time.   Step-by-Step Guide Explaining the Divorce Process in Pakistan   Aside from a Mutual Divorce, The divorce process in Pakistan involves several key steps:   Filing for Divorce: Initiating the process involves legal paperwork, which a divorce lawyer can accurately prepare and submit. For matters relating to Overseas Pakistanis, an attested Power of Attorney would be required. Serving Notice: In the case of Talaq, the husband must serve notice to the Union Council, triggering a mandatory reconciliation period. In the case of Khula, it would be submitted

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Family Lawyers in Pakistan

Family Lawyers in Pakistan   Family law in Pakistan, deeply rooted in Islamic jurisprudence and enriched by statutory laws, addresses a myriad of familial issues from marriage to inheritance. This guide aims to provide an insightful overview of these laws, reflecting the intricate blend of cultural norms and legal practices. It serves as an invaluable resource for understanding the legal landscape of family matters in Pakistan, catering to both local and overseas Pakistanis. Whether it’s navigating marital disputes, custody battles, or inheritance matters, this guide offers clarity and guidance. Key Laws Governing Family Matters The legal framework for family matters in Pakistan comprises a mix of Islamic principles and statutory laws: Muslim Family Laws Ordinance, 1961: Central to regulating Muslim marriages, divorces, and maintenance. Dissolution of Muslim Marriages Act, 1939: Provides legal grounds for Muslim women seeking divorce. Child Marriage Restraint Act, 1929: Aims to prevent child marriages. Guardians and Wards Act, 1890: Governs child custody and guardianship, a vital law in Family courts. Family Courts Act, 1964: Establishes dedicated courts for expedited resolution of family matters. West Pakistan Rules under Muslim Family Laws Ordinance, 1961: Implements specific provisions of the Muslim Family Laws Ordinance. Dowry and Bridal Gifts (Restriction) Act, 1976: Addresses the customary practices of dowry and bridal gifts. Protection of Women (Criminal Laws Amendment) Act, 2006: Strengthens legal protection for women against violence and discrimination. Succession Laws: Including the Sharia laws governing inheritance, which distribute a deceased’s estate among legal heirs. Marriage Laws in Pakistan Marriage laws in Pakistan are primarily derived from Islamic jurisprudence (Such as Muhammadan Law), supplemented by statutory laws. These laws not only govern the procedures and legal requirements for marriage but also address issues of matrimonial rights and obligations: Legal Requirements for Marriage: Includes the necessity of a marriage contract (Nikah), consent of both parties, presence of witnesses, and a specified dowry (Mahr). Registration of Marriages: Governed by the Muslim Family Laws Ordinance, 1961, which mandates the registration of marriages and the issuance of a marriage certificate. Types of Marriages Traditional arranged marriages are still prevalent with high societal acceptance. Love marriages and court marriages, gaining traction, especially in urban areas. Online Marriages for couples who wish to expedite the process Polygamy Regulations: Under the Muslim Family Laws Ordinance, a man who wishes to practice polygamy must obtain written permission from his existing wife or wives and the Arbitration Council. Statistically, Pakistan has seen a gradual increase in registered marriages, with 74% of marriages formally registered in urban areas as of the latest data. This trend highlights the growing awareness and adherence to legal procedures in matrimonial matters. Family Lawyers for Divorce and Separation Divorce and separation in Pakistan are governed by a blend of Islamic law and civil statutes, providing mechanisms for both men and women to dissolve a marriage. A well-versed Family Lawyer in Pakistan would assess the situation and specific matters of your case and advise you on the best way of ending your marriage. These avenues may be: Talaq (Divorce initiated by the Husband) The Muslim Family Laws Ordinance, 1961, requires that a husband giving Talaq must notify the Union Council, which then initiates a reconciliation process. If reconciliation fails, the divorce becomes effective after 90 days. Recent statistics indicate that Talaq constitutes approximately 66% of all divorce cases in Pakistan. Khula (Divorce initiated by the Wife) Women seeking divorce can file for Khula through a family court. Under Khula, the wife typically relinquishes her Mahr or other financial rights. Khula cases have been on the rise, representing about 31% of divorce applications in major cities. Judicial Separation An option for couples who do not wish to have a messy divorce but want to live separately. The legal rights and obligations of marriage remain intact under judicial separation. If the matter is more complex, but the couple wants everything defined, they can also opt for a mutual divorce. These account for about 3% of divorce applications in Pakistan. Upon the completion of a divorce, whether Talaq or Khula, a divorce certificate is issued, which is essential for legal and social formalities. This is then used to finalize and divide any pending matters in and out of court (i.e. joint bank accounts, matters in the prenuptial agreement, etc.). The laws surrounding divorce and separation aim to provide fair and equitable solutions to marital breakdowns, with an emphasis on reconciliation and the welfare of children and spouses. Child Custody and Guardianship in Pakistan In Pakistan, child custody and guardianship issues are primarily resolved under the Guardians and Wards Act, 1890, and Islamic jurisprudence. These laws prioritize the child’s welfare when Parents either pass away or go through court to seek custody and/or visitation rights. Factors that a Family Lawyer would have to consider, and would present to the court would be: Custody Age: The age of the children when their matter is presented to the court. Islamic law generally favors the mother for child custody of young children, with specific age thresholds for boys (up to 7 years) and girls (up to puberty). Guardianship: Typically, the father is considered the natural guardian, but custody and guardianship are distinct, with custody focusing on the child’s upbringing and day-to-day care. Factors in Custody Decisions: Courts consider multiple factors, including the parent’s financial stability, character, and the child’s preferences. Settling Financial Matters: Determining and ensuring that a fair amount of child maintenance payments are decided by the court is a matter that Family Lawyers advise on, as well as recovery of dowry and bridal gifts. Recent statistics indicate a rising trend in custody battles, reflecting changing social dynamics and increased legal awareness among parents. This has caused a severe burden on the family court system in Pakistan, which is where a Family Lawyer in Pakistan can assist in finding the best way forward to resolve such matters. Child Visitation, Maintenance, and Alimony Maintenance (Nafqa) and alimony are critical aspects of family law in Pakistan, ensuring financial support for spouses and children post-divorce.

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