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THE AIRPORTS SECURITY FORCE ACT, 1975

THE AIRPORTS SECURITY FORCE ACT, 1975

THE AIRPORTS SECURITY FORCE ACT, 1975   The Airport Security Force Act of 1975 is a crucial piece of legislation in Pakistan that establishes and empowers the Airport Security Force (ASF). The primary aim of this act is to ensure the safety and security of airports, aviation facilities, and passengers. The ASF is entrusted with the vital responsibility of safeguarding Pakistan’s airports and the aviation industry against various threats, including acts of terrorism and unlawful interference. This act plays a pivotal role in maintaining the integrity and security of the nation’s air transportation infrastructure. _____________ CHAPTER I SECTIONS: Short title, extent, application and commencement. Definitions. CHAPTER II Power to constitute and maintain the Airports Security Force and its functions. Constitution of the Airports Security Force. Administration of the Force. CHAPTER III Powers and duties of officers and members. Liabilities of officers and members. CHAPTER IV 7A Officers and members to be subject to the Pakistan Army Act, 1952. 7B Consequence of sentence of imprisonment. 7C Suspension. 7D Place of imprisonment. Updated till 31.8.2022 7E Capture of deserters. 7F Appeal and revision. 7G Appointment of officers and other members of the Force. CHAPTER V Indemnity. Delegation of powers by the Federal Government. Delegation of powers by the Director-General. Power to make rules. Power to make regulations. [Repeal]. THE AIRPORTS SECURITY FORCE ACT, 1975 1ACT No. LXXVII OF 1975 [13th December, 1975] An Act to provide for the constitution and regulation of the Airports Security Force. WHEREAS it is expedient to provide for the constitution and regulation of the Airports Security Force for ensuring security of all aerodromes, airports, aircraft and civil aviation installations, and for the maintenance of law and order therein, and for matters connected therewith or ancillary thereto ; It is hereby enacted as follows:― ___________ CHAPTER I Short title, extent, application and commencement. called the Airports Security Force Act, 1975. (1) This Act may be (2) It extends to all aerodromes and airports, all civil aviation stations, centres or offices in Pakistan, all Pakistan air services and activities relating to civil aviation. (3) It shall apply to all members and officers of the Force wherever they may be. (4) It shall come into force at once. Definitions.―In this Act, unless there is anything repugnant in the subject or context, (a) “aerodrome” means any area of land or water designed, equipped, set apart or commonly used or intended to be used, either wholly or in part, for affording facilities for the landing, departure and movement of aircraft and includes all buildings, sheds, vessels, piers, installations and equipments, and other structures thereon or appertaining thereto, but does not include any aerodrome which is exclusively used by the Pakistan Air Force or any portion of an aerodrome which is used by the Pakistan Air Force ; (b) “aircraft” means any machine which can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface, and includes balloons, whether captive or free, airships, kites, gliders and flying machines ; 1 For Statement of Objects and Reasons, see Gaz. of P., 1975, Ext., Pt.III, p.1027. 3 (c) “airport” means an aerodrome at which facilities have, in the opinion of the Federal Government, been sufficiently developed to be of importance to civil aviation; (d) “air service” means a service of aircraft for any purpose of civil aviation, whether aerial work, public transport or otherwise ; (e) “air side” meansthe movement area of an aerodrome, adjacent terrain and buildings or portions thereof, access to which is controlled by the 1 [force]; (f) “competent authority” means any officer or authority designated as such by the Federal Government ; 1* * * * * * * (h) “Force” means the Airports Security Force constituted under section 3 ; (i) 2 [Director General] means the Commander incharge of the Force; 1* * * * * * * (k) “member” means a person, other than an officer, who is appointed to the Force and has signed an affirmation in the form set out in the First Schedule ; (1) “officer” means a person who is so appointed to the Force and has signed an affirmation in the form set out in the First Schedule ; (m) “operator” means a person, organisation or enterprise engaged in or offering to engage in aircraft operation ; (n) “prescribed” means prescribed by rules or regulations ; (o) “purposes of civil aviation” include all purposes connected with civil aviation and with air navigation, except purposes of defence by air ; (p) “regulations” means regulations made under this Act ; and (q) “rules” means rules made under this Act. 1 Subs. and omitted by the Air Ports Security Force (Amdt.) Ordinance, 1984 (35 of 1984), s.3 2Subs by Act No.XXV of 2012, s 2 3 CHAPTER II Power to constitute and maintain the Airports Security Force and its functions. (1) The Federal Government may constitute and maintain a force to be called the Airport Security Force for performing the following functions, namely : (a) ensuring security of all airports, aerodromes, aircraft and civil Aviation installations 1 [within the limits of airports and aerodromes] and for safeguarding civil aviation against acts of unlawful interference or threats of such interference ; (b) ensuring security of all structures, equipments, material and installations belonging to operators and other Government or non-Government organisations within the limits of airports and aerodromes ; 1 * * * * * * * 1 * * * * * * * (e) ensuring the proper conduct of persons at airports and aerodromes 1 * * * including control of surface vehicles and drivers within the limits of airports and aerodromes ; (f) ensuring security of aircraft passengers, baggage, cargo and mail within the limits of airports and aerodromes ; (g) general maintenance of law and order within the limits of airports and aerodromes in conjunction with the police and taking cognizance of all offences committed at the airports and aerodromes under any

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THE AIR UNIVERSITY ORDINANCE, 2002

THE AIR UNIVERSITY ORDINANCE, 2002

THE AIR UNIVERSITY ORDINANCE, 2002   The Air University Ordinance, 2002, is a significant piece of legislation that establishes the Air University, a prominent institution for higher education and research in Pakistan. The Air University primarily focuses on aviation-related programs and offers a range of academic and research activities. 1 Short title and commencement 2 Definitions 3 Establishment and incorporation of the University 4 Purposes, powers and functions of the University 5 Principal teaching facilities, examinations, etc. 6 University to be open to all classes, creeds etc. 7 Patron 8 Chancellor 9 Pro-Chancellor 10 Vice-Chancellor 11 Registrar 12 Director.Academic Affairs 13 Director Examinations 14 Director Finance 15 Director Research and Development 16 Officers of the University 17 Heads of constituent units 18 Authorities 19 Board of Governors 20 Powers and functions of the Board 21 Meetings of the Board 22 Delegation of powers 2 of 20 23 Executive Committee 24 Academic Council 25 Faculty Board of Studies 26 Selection Board 27 Governing bodies for constituent units 28 Finance and Planning Committee 29 Academic and non-academic employees 30 University Fund 31 Audit and accounts 32 Financing of constituent units 33 Power to make Status 34 Power to make regulations 35 Power to make rules 36 Indemnity 37 Bar of jurisdiction 38 Retirement and re-employment 39 Pension, insurance, gratuity, provident fund and benevolent fund 40 Opportunity to show cause 41 Appeal to, and review by, the Board 42 Commencement of term of office of a member of any body or authority 43 Filling of casual vacancy in any body or authority 44 Filling of vacancy in any body or authority in certain circumstances 45 Cessation of membership of an ex-officio member 46 Proceedings of any body or authority not invalidated by any vacancy 47 Removal of difficulties 3 of 20 THE AIR UNIVERSITY ORDINANCE, 2002 ORDINANCE NO.CVII OF 2002 [29th October, 2002] An Ordinance to provide for the establishment of the Air University at Islamabad WHEREAS it is expedient to provide for the establishment of the Air university at Islamabad and for matters connected therewith or incidental thereto; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of the fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:— Short title and commencement.—(1) This Ordinance may be called the Air University Ordinance, 2002. (2) It shall come into force at once. Definitions: In this Ordinance, unless there is anything repugnant in the subject or context,— (a) “Academic Council” means the Academic Council of the University established under section 24; (h) “affiliated institutions” means institutions authorized by the Board to conduct academic programmes approved by the University; (c) “Authority” means any of the authorities of the University specified in section 18; (d) “Board” means the Board of Governors of the University constituted under section 19; (e) “Chancellor” means the Chancellor of the University; (f) “Committee” means the Executive Committee of the University constituted under section 23; (g) “constituent units” means the units maintained and administered by the University; (h) “Director Academic Affairs” means the Director Academic Affairs appointed under section 12; 4 of 20 (i) “Director Examinations” means the Director Examinations appointed under section 13; (j) “Director Finance” means the Director Finance appointed under section 14; (k) “Director Research and Development” means the Director Research and Development appointed under section I5; (I) “Head” means the Head of a college or an Institute; (m) “Institute” means an Institute that is a constituent unit of the University; (n) “prescribed” means prescribed by regulations; (o) “Pro-Chancellor” means the Pro-Chancellor of the University appointed under section 9; (p) “Registrar” means the Registrar of the University; (q) “regulations, rules and Statutes” means regulations, rules and Statutes made under this Ordinance ; (r) “University” means the Air University established under this Ordinance; and (s) “Vice-Chancellor” means the Vice-Chancellor of the University appointed under section 10. Establishment and incorporation of the University: There shall be established a University to be known as the Air University consisting of—(1) There shall be established a — (i) the Chancellor, the Pro-Chancellor, the Board, the Vice-Chancellor, the Registrar, the Directors and the Heads; (ii) the governing bodies of constituent units by whatever names called; (iii) members of such other councils, committees and administrative bodies as the Board may establish, from time to time; (iv) members of the faculties and students of the colleges and Institutes which are constituent units of the University; and (v) such other officers and members of the staff as may be specified by the Board, from time to time. (2) The University shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by its name sue and be sued. (3) The University shall have its principal seat at Islamabad. 5 of 20 (4) All the existing degree colleges and service institutions being managed by the Pakistan Air Force shall be constituent units of the University and any college or institution being managed by the Pakistan Air Force which is up-graded in future may become constituent unit of the University, as the Board may determine. (5) The University may set up any number of colleges and Institutes as its constituent units at such places in Pakistan and abroad, as the Board may determine. Purposes, powers and functions of the University.—(1) The purposes of the University shall be the promotion and dissemination of knowledge and technology and to provide for instructions, training, research, demonstration and service in such branches of learning as the Board may determine. (2) The University shall have power to govern its academic and administrative functions in

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THE PUNJAB PREVENTION OF GAMBLING ORDINANCE, 1978 (Pb Ord. VII of 1978)

THE PUNJAB PREVENTION OF GAMBLING ORDINANCE, 1978 (Pb Ord. VII of 1978)

THE PUNJAB PREVENTION OF GAMBLING ORDINANCE, 1978 (Pb Ord. VII of 1978)   The Punjab Prevention of Gambling Ordinance, 1978, is a significant piece of legislation in the Punjab province of Pakistan that aims to prohibit and regulate gambling activities within its jurisdiction. Enacted in 1978, this ordinance provides a legal framework for the prevention of gambling and the prosecution of those involved in gambling-related activities. In this introduction, we will explore the historical context, key objectives, and legal significance of this ordinance. Sections Short title, extent and commencement. Definitions. Penalty for owning or keeping or having charge of a common gaming house. Penalty for being found in common gaming-house. Penalty for gaming in a public place.      5-A.         Powers of police officers. Penalty for gaming in private places, etc. Enhanced punishment for subsequent offences. Power to enter and search. Presumption with respect to common gaming-house and persons present therein. Tender of pardon to an accomplice. Power to make rules. Ordinance to over ride other laws, etc. Repeal of W.P. Ordinance No.I of 1961.   THE PUNJAB PREVENTION OF GAMBLING ORDINANCE, 1978 (Pb Ord. VII of 1978) [14th March, 1978] An Ordinance to provide for the prevention of gambling Preamble.— WHEREAS it is expedient to provide for the prevention of gambling. NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 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 Punjab Prevention of Gambling Ordinance, 1978. (2)  It extends to the whole of the Province of the Punjab. (3)  It shall come into force on 15th day of March, 1978. Definitions.— In this Ordinance, unless there is anything repugnant in the subject or context— (a)  “common gaming house” means any house, room, tent, enclosure, vehicle, vessel or other place whatsoever in which any instruments of gaming are kept or used for gaming purposes— (i)  with the object of profit or gain of any person owning, occupying or keeping such house, room, tent, enclosure, vehicle, vessel or other place whether by way of charge for the use of such house, room, tent, enclosure, vehicle, vessel or place or instruments or otherwise howsoever; or (ii)  with or without the object of such profit or gain, if the gaming for the purpose of which such instruments are so kept or used is gaming on any figures or numbers or dates to be subsequently ascertained or disclosed, or on the occurrence or non-occurrence of any natural event; (b)   “gaming” includes wagering or betting, including wager or bet made in respect of any horse, mare or gelding running in competition with any other horse, mare or gelding, or of the rider thereof; (c)  “Government” means the Government of the Punjab; (d)  “instruments of gaming” includes any article used or intended to be used as a means or appurtenance of, or of carrying on or facilitating, gaming, and any documents used as a register or record or evidence of any gaming; and (e)  “prescribed” means prescribed by rules made under this Ordinance. Penalty for owning or keeping or having charge of a common gaming house.— (1) Whoever— (a)  being the owner or occupier, or having the use, of any house, room, tent, enclosure, vehicle, vessel or other place keeps or uses, or knowingly or wilfully permits the same to be occupied, kept or used by any other person as a common gaming-house; or (b)  has the care or management, or in any manner assists in conducting the business, of any common gaming-house; or (c)  advances or furnishes money for the purpose of gaming with persons frequenting any common gaming-house, shall be punishable with imprisonment for a term which shall not be less than one month nor more than one year, or with fine which shall not be less than one hundred rupees nor more than one thousand rupees, or with both. (2)  In a prosecution under sub-section (1), it shall not be necessary to prove that the person found playing was playing for any money, wager or stake. Penalty for being found in common gaming-house.— (1) Whoever is found in any common gaming-house playing or gaming with cards, dice, counters, money or other instruments of gaming, or for the purpose of gaming, whether for any money, wager or stake or otherwise, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. (2)  Any person found in any common gaming-house during any gaming or playing therein shall be presumed, until the contrary be proved, to have been there for the purpose of gaming. Penalty for gaming in a public place.— Whoever is found gaming in any public place, street or thoroughfare, shall be punishable with imprisonment for a term which may extend to [three years], or with fine which may extend to [five thousand rupees], or with both. [5-A.   Powers of police officers.— A police officer, not below the rank of Sub-Inspector, may— (a)  arrest without warrant any person committing an offence under section 5; (b)  search any person so as to seize instruments of gaming used for committing an offence under section 5; and (c)  seize and take possession of gaming moneys, securities, articles of value and instruments of gaming reasonably suspected to have been used or intended to be used for the purpose of committing an offence under section 5.] Penalty for gaming in private places, etc.— Whoever is found gaming in any house, room, tent, enclosure, vehicle vessel or other place shall be punishable with imprisonment for a term which may extend to [five years], or with fine which may extend to [seven thousand rupees], or with both. Enhanced punishment for subsequent offences.— Whoever, having been convicted of any offence under this Ordinance, again commits any such offence shall be punishable

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THE 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   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]

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THE FINANCIAL INSTITUTIONS (RECOVERY OF FINANCES) ORDINANCE, 2001 ORDINANCE NO. XLVI OF 2001 AN ORDINANCE

THE FINANCIAL INSTITUTIONS (RECOVERY OF FINANCES) ORDINANCE, 2001 ORDINANCE NO. XLVI OF 2001 AN ORDINANCE

THE FINANCIAL INSTITUTIONS (RECOVERY OF FINANCES) ORDINANCE, 2001 ORDINANCE NO.  XLVI  OF 2001 AN ORDINANCE     THE FINANCIAL INSTITUTIONS (RECOVERY OF FINANCES) ORDINANCE, 2001 ORDINANCE NO.  XLVI  OF 2001 AN ORDINANCE   to repeal, and, with certain modifications, re-enact, the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997. WHEREAS it is expedient to repeal and with certain modifications, re-enact the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997, for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999 and Provisional Constitution Order No. 1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:- Short title, extent and commencement.- (1) This Ordinance may be called the Financial Institutions (Recovery of Finances) Ordinance, 2001. (2)     It extends to the whole of Pakistan. (3)     It shall come into force at once.   2.     Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context¾ a)     “financial institution” means and includes ¾ (i)      any company whether incorporated within or outside Pakistan which transacts the business of banking or any associated or ancillary business in Pakistan through its branches within or outside Pakistan and includes a government savings bank, but excludes the State Bank of Pakistan;   (ii) a modaraba or modaraba management company, leasing company, investment bank, venture capital company, financing company, unit trust or mutual fund of any kind and credit or investment institution, corporation or company; and (iii)    any company authorised by law to carry on any similar business, as the Federal Government may by notification in the official Gazette, specify;     b)      “Banking Court” means ¾ (i) in respect of a case in which the claim does not exceed fifty million rupees or for the trial of offences under this Ordinance, the Court established under section 5; and (ii)  in respect of any other case, the High Court.   (c) “customer” means a person to whom finance has been extended by a financial institution and includes a person on whose behalf a guarantee or letter of credit has been issued by a financial institution as well as a surety or an indemnifier;   (d)     “finance” includes ¾ (i)      an accommodation or facility provided on the basis of participation in profit and loss, mark-up or mark-down in price, hire-purchase, equity support, lease, rent-sharing, licensing charge or fee of any kind,  purchase and sale of any property  including commodities, patents, designs, trade marks and copy-rights, bills of exchange, promissory notes or other instruments with or without buy-back arrangement by a seller, participation term certificate, musharika, morabaha, musawama, istisnah or modaraba certificate, term finance certificate; (ii)         facility of credit or charge cards; (iii)       facility of guarantees, indemnities, letters of credit or any other financial engagement which a financial institution may give, issue or undertake on behalf of a customer, with a corresponding obligation by the customer to the financial institution; (iv)    a loan, advance, cash credit, overdraft, packing credit, a bill discounted and purchased or any other financial accommodation provided by a financial institution to a customer; (v)     a benami loan or facility that is, a loan or facility the real beneficiary or recipient whereof is a person other than the person in whose name the loan or facility is advanced or granted; (vi)    any amount due from a customer to a financial institution under a decree passed by a Civil Court or an award given by an arbitrator; (vii)   any amount due from a  customer to a financial institution which is the subject matter of any pending suit, appeal or revision before any  Court; (viii)   any other facility availed by a customer from a financial institution. (e)     “obligation” includes ¾ (i)           any agreement for the repayment or extension of time in repayment of a finance or for its restructuring or renewal or for payment or extension of time in payment of any other amounts relating to a finance or liquidated damages; and (ii)         any and all representations, warranties and covenants made by or on behalf of the customer to a financial institution at any stage, including representations, warranties and covenants with regard to the ownership, mortgage, pledge, hypothecation or assignment of, or other charge on, assets or properties or repayment of a finance or payment of any other amounts relating to a finance or performance of an undertaking or fulfillment of a promise; and (iii)       all duties imposed on the customer under this Ordinance; and (f)      “rules” means rules made under this Ordinance. 3.     Duty of a customer.- (1) It shall be the duty of a customer to fulfil his obligations to the financial institution. (2)   Where the customer defaults in the discharge of his obligation, he shall be liable to pay, for the period from the date of his default till realization of the cost of funds of the financial institution as certified by the State Bank of Pakistan from time to time, apart from such other civil and criminal liabilities that he may incur under the contract or rules or any other law for the time being in force. (3)   For purposes of this section a judgment against a customer under this Ordinance shall mean that he is in default of his duty under sub-section (1), and the ensuing decree shall provide for payment of the cost of funds as determined under sub-section (2).   4. Ordinance to override other laws.- The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.   5.      Establishment of Banking Court.- (1) The Federal Government may, by notification in the Official Gazette, establish as many Banking Courts as it considers necessary to

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The Federal Excise Act , 2005

The Federal Excise Act , 2005

The Federal Excise Act, 2005   The Federal Excise Act, of 2005, is a significant piece of legislation in Pakistan that governs the imposition, collection, and regulation of federal excise duties on various goods and services. Enacted in 2005, this act provides a legal framework for the taxation of specific goods and services at the federal level, contributing to government revenue collection and economic regulation. In this introduction, we will explore the historical context, key objectives, and legal significance of this act.     CHAPTER I PRELIMINARY Short title, extent and commencement.– (1) This Act may be called the Federal Excise Act, 2005, It extends to the whole of Pakistan It shall come into force on 1st day of July, 2005.   – In this Act, unless there is anything repugnant in the subject or context,— “adjudicating authority” means any authority competent to pass any order or decision under this Act or the rules made thereunder, but does not include the Board or Appellate Tribunal;   “adjustment” means deduction of amount of duty paid on goods used in the manufacture or production of other goods from the amount of duty payable on such other goods in the prescribed manner;   “Appellate Tribunal” means the Customs, Excise and Sales Tax Appellate Tribunal constituted under section 194 of the Customs Act, 1969 (IV of 1969);   “Board” means the Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (IV of 1924);   “Collector” means an officer of Federal Excise notified as Collector of Federal Excise under this Act;   “conveyance” means any means of transport used for carrying goods or passengers such as vessel, aircraft, vehicle or animal etc.;   “default surcharge” means surcharge levied under section 8;   “distributor” means a person appointed by a manufacturer in or for a specified area to purchase goods from him for sale to a wholesale dealer in that area;   “duty” means any sum payable under the provisions of this Act or the rules made thereunder and includes the default surcharge and the duty chargeable at the rate of zero per cent;   “establishment” includes an undertaking, firm or company, whether incorporated or not, an association of persons and an individual;   “factory” means any premises, including the precincts thereof, wherein or in any part of which goods are manufactured, or wherein or in any part of which any manufacturing process connected with the production of the goods is being carried on or is ordinarily carried on;   “Federal Excise Officer” means any officer of the Federal Excise Department, or any person (including an officer of the Provincial Government) invested by the Board with any of the powers of a Federal Excise Officer under this Act or rules made thereunder;   “goods” means goods leviable to excise duty under this Act or as specified in the First Schedule and includes goods manufactured or produced in non-tariff area and brought for use or consumption to tariff area;   “goods insurance” includes fire, marine, theft, accident and other such miscellaneous insurance;   “import” and “export” mean respectively bringing into, and taking out of Pakistan by sea, land or air and shall be deemed to have always been so defined;   “manufacture” includes,–   any process incidental or ancillary to the completion of a manufactured product;   any process of re‑manufacture, remaking, reconditioning or repair and the processes of packing or repacking such product, and, in relation to tobacco, includes the preparation of cigarettes, cigars, cheroots, biris, cigarette and pipe or hookah tobacco, chewing tobacco or snuff, and the word “manufacturer” shall be construed accordingly and shall include,–   any person who employs hired labour in the production or manufacture of goods; or   any person who engages in the production or manufacture of goods on his own account if such goods are intended for sale; and   any person who, whether or not he carries out any process of manufacture himself or through his employees or any other person, gets any process of manufacture carried out on his behalf by any person who is not in his employment:   Provided that any person so dealing in goods shall be deemed to have manufactured for all purposes of this Act, such goods in which he deals in any capacity whatever;   “non-tariff area” means Azad Jammu and Kashmir, Northern Areas and such other territories or areas to which this Act does not apply;   “person” includes a company, an association, a body of individuals, whether incorporated or not, a public or local authority, a Provincial Government or the Federal Government;   “prescribed” means prescribed under this Act or by rules made thereunder;   “registered person” means a person who is registered or is required to be registered under this Act provided that a person who is not registered but is required to be registered shall not be entitled to any benefit or privilege under this Act or rules made thereunder, unless he is registered and such benefit and privilege, unless allowed by Board, shall be confined to period of registration;   “sale” and “purchase” with their grammatical variations and cognate expressions, mean any transfer of the possession of goods or rendering and providing of services by one person to another in the ordinary course of trade or business for cash or deferred payment or other consideration;   “Schedule” means the schedule appended to this Act;   “services” means services, facilities and utilities leviable to excise duty under this Act or as specified in the First Schedule read with Chapter 98 of the Pakistan Customs Tariff, including the services, facilities and utilities originating from Pakistan or its tariff area or terminating in Pakistan or its tariff area;   “tariff area” means area other than the non-tariff area;   “wholesale dealer” means a person who buys or sells goods wholesale for the purpose of trade or manufacture, and includes a broker or commission agent who, in addition to making contracts for the sale or

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DEFENCE HOUSING AUTHORITY ISLAMABAD ACT, 2013

DEFENCE HOUSING AUTHORITY ISLAMABAD ACT, 2013

DEFENCE HOUSING AUTHORITY ISLAMABAD ACT, 2013     The Defence Housing Authority Islamabad Act, 2013, is a significant piece of legislation in Pakistan that establishes the legal framework for the Defense Housing Authority (DHA) in Islamabad. Enacted in 2013, this act outlines the powers, functions, and responsibilities of DHA Islamabad in the planning, development, and management of housing projects within its jurisdiction. In this introduction, we will explore the historical context, key objectives, and legal significance of this act.   CONTENTS Short title, extent, and commencement Definitions The Authority Governing Body Executive Board Powers and functions of Executive Board Powers of the Executive Board to borrow Administrator Powers and functions of the Administrator Meetings Appointments Annual report and accounts Delegation of powers Committees. Authority Fund Budget, audit and accounts Power to cancel allotment Page 2 of 11 Conversion of property to a different use Removal of building erected or used in contravention of the Act. Power to make regulations Act not to override other laws Transfer and savings Appeal Validation Removal of difficulty Page 3 of 11 DEFENCE HOUSING AUTHORITY ISLAMABAD ACT, 2013 ACT NO XII OF 2013 [19th March, 2013] An Act to provide for establishment of Defence Housing Authority Islamabad WHEREAS it is expedient to establish Defence Housing Authority Islamabad for the purpose and object of carrying out schemes and projects of land development, inter alia for welfare of the bereaved families of martyrs, war injured, disabled and other persons of the defence forces of Pakistan to boost their morale; to provide financial security in recognition of their selfless services for the defence of the nation; and to provide for ancillary matters; It is hereby enacted as follows: — CHAPTER I Short title, extent and commencement. — (1) This Act may be called the Defence Housing Authority Islamabad Act, 2013. (2) It extends to the specified area in Islamabad Capital Territory. (3) It shall come into force at once and shall be deemed to have taken effect on and from the 15th August, 2010. Definitions. — In this Act, unless there is anything 1 [repugnant] in the subject or context, — (a) “Administrator” means the Administrator appointed under section 8; (b) “Authority” means the Defence Housing Authority Islamabad established under section 3; (c) “Chairman” means Chairman of the Governing Body; (d) “Executive Board” means Executive Board constituted under this Act; (e) “Governing Body” means Governing Body constituted under section 4; (f) “Government” means the Federal Government; (g) “member” means a member of the Authority and includes the Chairman; (h) “prescribed” means prescribed by 1 [**] regulations made under this Act; (i) “President” means President of the Executive Board; 1Subs. and omitted by Act XL of 2023, s.2. Page 4 of 11 1 [(j) “project” means any project of construction, repair, renovation, maintenance, up-gradation and development of any facility or land or area undertaken or planned by the Authority to achieve a particular aim in the specified area; (k) “scheme” means any scheme, plan, facility or project for development of land for residential, commercial or other use, undertaken, planned or made and approved by the Authority under this Act;] (l) “Secretary” means Secretary of the Authority; (m) “specified area” means all land owned, purchased or procured by or vested in or leased to the Army Welfare Housing Scheme or the Defence Housing Authority Islamabad constituted under any law before the commencement of this Act in Islamabad Capital Territory and such other land as may, from time to time, be purchased or procured by or leased to the Authority in Islamabad Capital Territory and notified by the Government; and 1 [(n) * * * * * * *] 1 [(o) “welfare and rehabilitation activities” mean activities done or undertaken by or through the Authority for the purpose of welfare and rehabilitation of serving or retired personnel of the defence forces, inter alia, officers, soldiers, bereaved families of Shuhada, war wounded or disabled personnel or other people.] The Authority. — (1) There shall be established an Authority to be known as Defence Housing Authority Islamabad for carrying out purposes of this Act. (2) The Authority shall be a body corporate having perpetual succession and common seal with power to purchase, procure, sell, exchange, hold and dispose of property and shall by the said name, sue and be sued. (3) The head office of the Authority shall be at Islamabad. (4) While designing, planning and executing a scheme in the specified area, the Authority shall adhere to the master plan of Islamabad and ensure that all public roads and revenue paths leading to and from the adjoining areas and access to graveyards shall, as far as possible, be maintained and no change or alteration shall be made in such roads, paths or access except with prior approval of the Government. (5) Subject to the financial viability of a Scheme, the Authority shall reserve in a scheme in the specified area at least fifty per-cent quota for the bereaved family of the martyrs, war injured, disabled and junior ranks from sepoys to junior commissioned officers of the defence forces of Pakistan. 1Subs. omitted and added by Act XL of 2023, s.2. Page 5 of 11 1 [(6) In particular and without prejudice of the generality of the provisions of this Act, the Authority shall take all such measures and exercise all such powers as may be necessary for carrying out the purposes of this Act, as well as to carry out any other works or activities connected therewith, or ancillary thereto.] Governing Body. — (1) The general administration, supervision and control of the affairs of the Authority shall vest in the Governing Body, which shall consist of, — (a) Secretary, Ministry of Defence; Chairman (b) Adjutant General Pakistan Army; Vice-Chairman (c) a serving or retired Major General of Pakistan Member Army to be nominated by the Chief of Army Staff: (d) Chief Commissioner, Islamabad; Member (c) Administrator; Member (f) Chairman, Capital Development Authority; and Member (g) Secretary. Member-cumSecretary (2) The Governing Body

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CUTTING OF TREES (PROHIBITION) ACT, 1992

CUTTING OF TREES (PROHIBITION) ACT, 1992

CUTTING OF TREES (PROHIBITION) ACT, 1992   The Cutting of Trees (Prohibition) Act, 1992, is a significant piece of environmental legislation in Pakistan that aims to regulate and restrict the felling of trees to protect and conserve the country’s forests and natural resources. Enacted in 1992, this act provides a legal framework for controlling the cutting of trees and promoting sustainable forestry practices. In this introduction, we will explore the historical context, key objectives, and legal significance of this act.   CONTENTS Short title, extent and commencement Definitions Cutting of trees etc. Prohibited Penalty Cognizance of offences Seizure and confiscation of Property Power to prevent commission of offences Provincial Governments to demarcate zones Power to enter etc. Rules Repeal Page 2 of 3 THE CUTTING OF TREES (PROHIBITION) ACT, 1992 ACT NO. XVIII OF 1992 [29th July, 1992] An Act to provide for the prohibition of cutting of trees near the external frontiers of Pakistan WHEREAS it is expedient to provide for the prohibition of cutting of trees or causing damage to trees near the external frontiers of Pakistan and matters ancillary thereto ; It is hereby enacted as follows :— Short title, extent and commencement. This Act may be called the Cutting of Trees (Prohibition) Act, 1992. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. Definitions. In this Act, unless there is anything repugnant in the subject or context,— (a) ‘authorised officer’ means an officer authorised by a Provincial Government; (b) ‘field’ means a khasra number as defined in the Provincial law relating to land revenue; (c) ‘first zone’ means an area adjacent to and beyond the external frontier of Pakistan extending towards Pakistan to a line at four kilometers measured from the external frontiers of Pakistan; (d) ‘second zone’ means an area adjacent to and beyond the first zone extending towards Pakistan to a line at four kilometers measured from the first zone ; and (e) ‘tree’ means a large plant with a self-supporting trunk. Cutting of trees etc. Prohibited.—(1) Except as hereinafter provided, no person shall, without the prior written approval of the authorised officer, cut, fell or damage or cause to be cut, felled or damaged any tree growing— (i) in the first zone,, if the number of remaining trees in any field falls short of the number to be calculated at the rate of fifteen trees per acre ; and (ii) in the second zone, if the number of remaining trees in any field falls short of the number to be calculated at the rate of ten trees per acre. (2) Nothing contained in sub-section (1) shall apply to a tree growing on land occupied as the site of a town or village or in a dwelling-house, including its curtilage. Penalty. Whoever contravenes the provisions of this Act shall be guilty of an offence punishable— Page 3 of 3 (i) with fine which may extend to five thousand rupees, if he contravention relates to the first zone ; and (ii) with fine which may extend to two thousand and five hundred rupees, if the contravention relates to the second zone. Cognizance of offences. No court shall take cognizance of an offence under this Act, except on a complaint by the authorised officer or the local formation commander of the Pakistan Army. Seizure and confiscation of Property.— (1) When any tree has been cut, felled or damaged in contravention of the provisions of this Act or rules made thereunder, such tree together with all tools used in committing any such contravention may be seized by the authorised officer. (2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make report of such seizure to the Magistrate having jurisdiction to try the offence under this Act. (3) Upon the receipt of any such report, the Magistrate shall, with all convenient despatch, take such measures as may be necessary for the trial of the offender and the disposal of the property according to law. (4) Any tree in respect of which an offence has been committed under this Act and all tools used in committing any such offence shall be liable to confiscation, and such confiscation shall be in addition to any other punishment prescribed for such offence. Power to prevent commission of offences. The authorised officer shall prevent the commission of any offence under this Act and for that purpose may take such measures as may be prescribed by the rules under this Act. Provincial Governments to demarcate zones. The Provincial Governments may, whenever it may deem expedient, cause the zones defined in section 2 to be demarcated and the trees growing in any zone to be enumerated. Power to enter etc. Any authorised officer or any other person authorized to demarcate the zones and enumerate the trees shall be entitled to enter upon any land, and— (i) to survey and land; (ii) to make map of any zone ; (iii) to erect or cause to be erected boundaries marks ; and (iv) to blaze any tree. Rules. The Provincial Government may make rules for carrying out the purposes of this Act. Repeal. The Cutting of Trees (Prohibition) Act, 1975 (LXXIV of 1975) is hereby repealed.   Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly   [contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

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THE WEST PAKISTAN CONSOLIDATION OF HOLDINGS ORDINANCE, 1961

THE WEST PAKISTAN CONSOLIDATION OF HOLDINGS ORDINANCE, 1961

THE WEST PAKISTAN CONSOLIDATION OF HOLDINGS ORDINANCE, 1961   The West Pakistan Consolidation of Holdings Ordinance, 1961, is a significant piece of legislation in Pakistan that deals with the consolidation and reorganization of land holdings in rural areas. Enacted in 1961, this ordinance provides a legal framework for the consolidation of agricultural land holdings, with the aim of improving land use, agricultural productivity, and land records management. In this introduction, we will explore the historical context, key objectives, and legal significance of this ordinance.   Ordinance No. VI of 1960 Contents. CHAPTER – I PRELIMINARY Preamble. Sections. 1.         Short title, extent and commencement. 2.         Definitions. CHAPTER – II CONSOLIDATION OF HOLDINGS Who may move for consolidation of holdings. 4.         When an application for consolidation of holdings shall be deemed to be on behalf of all the land-owners. 5.         Application by some of the owners and its effect. 6.         Transfer of rights of land-owners in holdings and of tenant in tenancies. 7.         When application may be rejected. 8.         Admission of application . 9.         Preparation of scheme for consolidation of holdings and appointment of Advisory committee. 10.       Publication of scheme, settlement of objections there to and its confirmation. 11.       Appeals. 12.       Payment of compensation. 13.       Powers to call for and examine records. 14.       No appeal except as provided by this Ordinance.   Sections 15.       Procedure on confirmation. 16.       Rights of land-owners and tenants after consolidation same as before. 17.       Transfer of incumbrance to new allotments. 18.       Right of land owners, tenants and persons affected in newly allotted holdings and tenement. 18-A    Summary ejectment. 19.       Revenue Officer to prevent encroachment upon way or path shown in new records. CHAPTER – III SUPPLEMENTAL Cost of consolidation proceedings. 21.       Recovery of compensation or cost as arrears of land revenue. 22.       No instrument necessary to effect transfer. 23.       Abeyance of partition proceedings during consolidation proceedings. 24.       Transfer of property during consolidation proceedings. 25.       Killabandi to be the basis. 26.       Jurisdiction of Civil Court barred as regards matters arising under this Ordinance. 27.       Public servants indemnified for acts done under this Ordinance. 28.       The Ordinance not to affect the validity of consolidation of holdings by Co-operative Societies duly registered. 29.       Power to make rules. 30.       Repeal.         THE WEST PAKISTAN CONSOLIDATION OF HOLDINGS ORDINANCE, 1961. (W. P. Ordinance No. VI of 1960) [10th March, 1960] AN ORDINANCE To consolidate and amend the law relating to consolidation of holdings in the Province of West Pakistan. WHEREAS it is expedient to consolidate and amend the law relating to consolidation of holdings in the Province of West Pakistan.  Preamble. NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor of West Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance:-   CHAPTER  – I PRELIMINARY 1.   (1)   This Ordinance may be called the West Pakistan Consolidation of Holdings Ordinance, 1959. Short title extent and commencement. 1[(2)  It extends to the whole of the 2[North-West Frontier Province] expect the Tribal Areas.]   (3)   It shall come into forec3 in such area or areas and from such date or dates as Government may, by notification in the Official Gazette, specify.   2.     In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings here by respectively assigned to them, that is to say – Definitions. “arrears of land-revenue” means land-revenue which remains unpaid after the date on which it becomes payable; Subs. by W.P. Ord. VII of 1964. 2.     in sub-section (2) of section-1 the words “Province of West Pakistan” the words “North-West Frontier Province” subs, by NWFP. Adapt of Laws Order 197. The Ordinance was brought in force in Dear Ismail Khan, Bannu, Kohat Mianwail, Peshawar, Mardan, Hazara Attock, Rawalpindi, Gujrat, Muzaffargary, Jhelum, Shahpur, Lahore, Gujranwala, Sialkot, Sheikhupura, Jhang Lyallpur, Montgomery, Multhan and Der Ghaiz Khau Districts with effect from 11th April, 1961, see Gazette of West Pakistan, 1960. Exrraordinary, P. 1691. “Board of Revenue” means the Board of Revenue constituted under the West Pakistan Board of Revenue Act, 1957; “Collector” means the chief officer in charge of the revenue administration of a district and shall include a Deputy Commissioner and any other officer specially empowered by the Board of Revenue to perform the functions of a Collector; “Commissioner” means the chief officer in charge of the revenue administration of division and includes and Additional Commissioner, and any other officer specially empowered by the Board of Revenue to perform the functions of Commissioner under this Ordinance: “Consolidation Officer” means an officer appointed by the Board of Revenue or by any other officer specially empowered by the Board of Revenue in this behalf, to perform all or any of the functions of a Consolidation Officer under this Ordinance; “Consolidation of holdings” means the re-distribution of all or any of the lands in a estate or sub-division of an estate so as to reduce the number of plots; “Estate” means any area – (i)         For which a separate record-of-rights has been made; or Which has been separately assessed to land-revenue, or would have been so assessed if the land-revenue had not been released, compounded for or redeemed; or Which the Board of revenue may, by general rule or special order, declare to be an estate; “Government” means the Government of 1[North-West Frontier Province]. “Holding” means a share or portion of an estate held by one land-owner or jointly by two or more landowners;   In clause (h) for the words “West Pakistan” the words “North-West Forntier Province subs. by NWFP., Adaptation of Laws Order, 1975.       “land-owner” does not include a tenant, but does include a person to whom a holding has been transferred, or an estate or holding has been let in farm, for the recovery of arrears of land-revenue or of a sum recoverable as such arrears, and every other person not hereinbefore mentioned

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THE CIVIL SERVICE OF PAKISTAN (COMPOSITION AND CADRE) RULES, 1954

THE CIVIL SERVICE OF PAKISTAN (COMPOSITION AND CADRE) RULES, 1954

THE CIVIL SERVICE OF PAKISTAN (COMPOSITION AND CADRE) RULES, 1954   The Civil Service of Pakistan (Composition and Cadre) Rules, 1954, represent an essential set of regulations that define the composition and organizational structure of the civil service in Pakistan. Enacted in 1954, these rules provide a structured framework for determining the cadre positions, classification, and categories within the civil service. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules.   Whereas the governor-general and the Governors of East Bengal, the Punjab, Sind and the North-West Frontier Province have agreed that there shall he constituted a service of the Federation to he known as the Civil Service of Pakistan and that certain posts in connection with the affairs of the Provinces shall be filled by members of the Service and specify, as tar as need he, the conditions of service of its members, whether serving in posts in connection with the affairs of the Federation or of a Province ; Now, therefore, in pursuance of that agreement, and in exercise of the powers conferred by subsections (1) and (2) of section 241 of the Government of India Act, 1935, and of all other provisions empowering him in this behalf, the governor-general is pleased to make the following Rules:-   These Rules may be cited as the Civil Service of Pakistan (Composition and Cadre) Rules, 1954. In these Rules, unless the context otherwise requires- (a)   “ Cadre post”  means any duty post included in the Schedule ; (b)   “ Commission”  means the Federal Public Service Commission ; (c)    “ Schedule”  means the Schedule to these Rules ; (d)   “ Service”  means the Civil Service of Pakistan. (1) Appointments to the Cadre posts shall be made by the President in accordance with rules to be made by him for the purpose. Every person not being a member of the Service, who is appointed to a cadre post in accordance with the rules regulating such appointment shall,- on his appointment to that post becomes a member of the Service; and (b)   on his confirmation in the Service, ceases to be a member of the Service, if any, to which he belonged immediately before such confirmation. Persons appointed to the Service shall, unless the President otherwise directs, be appointed on probation and the President may make rules specifying the terms and incidents of such probation. In particular, he may provide for the removal from the service during his term of probation of any person whose conduct and progress is unsatisfactory or for the withholding of increments from such persons. [5 to 7].  Omitted (1) The President, in the case of posts in connection with the affairs of the Federation, and the Governor in the case of posts in connection with the affairs of a Province, may, as the exigencies of the public service require, appoint a person not being a member of the Service to any Cadre post. (2)   Every such appointment made by a Governor shall be provisional and. if the person so appointed is intended to hold the appointment for a period exceeding 3 months, shall forthwith be reported to the President with the reasons for making it and if the President so direct the Governor shall thereupon cancel the appointment. (3)   Any person appointed to hold a Cadre post under this rule shall not he employed in the post for a period exceeding 12 months save with the previous sanction of the President. (1) If a Governor proposes to keep any Cadre post in connection with the affairs of a Province vacant for a period exceeding 3 months, he shall forthwith make a report to the President of the reasons for the proposal, the period for which he proposes to keep the post vacant and whether it is proposed to make any and, if so, what arrangements for the performance of the duties of the post held in abeyance. (2)   If the President directs that the post shall be filled, the Governor shall appoint a person to fill it in accordance with the provisions of these rules. The President may by special or general order temporarily dispense with the provisions of rules 8 and 9 requiring a Governor to report to the [President], any case in which a Cadre post is filled otherwise than under rule 7 by a person not being a member of the Service or in which a Cadre post is kept vacant for a period exceeding 3 months. The Governor of a Province may direct that two Cadre posts in connection with the affairs of a Province shall be held jointly if he considers this necessary for the purpose of facilitating any leave arrangement or for a period not exceeding 3 months if he considers this necessary for any other purpose. No change shall be made in the duties of the holder of any reserved post if, in the opinion of the [President], the character of that post would thereby be altered: Provided that this shall not apply to a temporary change consequential on leave arrangement or to a charge not arising from leave arrangements which will not last more than three months. (1) The President may, from time to time, and in the case of post in connection with the affairs of a Province, after consultation with the Government of that Province, remove, any post from the Schedule or include any post therein. (2)   A Governor may if the exigencies of the public service so require, create a Cadre post in connection with the affairs of a Province below the rank of a Commissioner of a Division, for a period not exceeding three months. If subsequently the Governor proposes to retain that Cadre post for a further period, he shall forthwith make a report to the President of the reasons for the proposal and the period for which he proposes to retain that post and shall act in accordance with such directions as

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