Menu
Book Appointment

Laws of Pakistan – Library

THE DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT, 1948

THE DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT, 1948

THE DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT, 1948   The Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, is a piece of legislation that pertains to the administration of oaths and the collection of fees by diplomatic and consular officers representing Pakistan abroad. This act outlines the legal procedures and requirements for diplomatic and consular officers to take oaths, affirmations, or affidavits and collect fees for their services. Short title and commencement. Definitions. Powers as to oaths and notarial acts abroad. Powers to fix fees. Exhibition of tables of fees. Penalty for taking excessive fees. Punishments for offence under this Act. Trail of offences. Power to make rules. Updated till 12.04.2023 THE DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT, 1948 1ACT NO. XXI OF 1948 [8th January, 1949] An Act to provide for the administration of oaths by diplomatic and consular Officers and to prescribe the fees leviable in respect of certain of their official duties. WHEREAS it is expedient to provide for the administration of oaths by diplomatic and consular officers and for the levy of fees in respect of certain official duties performed by them; It is hereby enacted as follows:___ Short title and commencement. ___ (1) This Act may be called the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948. (2) It shall come into force at once, and shall be deemed to have taken effect from the fifteenth day of August, 1947. Definitions. ___ In this Act, unless there is anything repugnant in the subject or context,___ 2 [(a) “consular officer” includes consul, consular agent, consul-general, honorary consul, proconsul and vice-consul; and (b) “diplomatic officer” includes ambassador, agent, agent-general, assistant high commissioner, attache of a diplomatic mission, charged’ affaires, commissioner, counsellor, deputy high commissioner, diplomatic secretary, high commissioner and minister.] Powers as to oaths and notarial acts abroad. ___ (1) Every diplomatic or consular officer 3 [of Pakistan exercising his functions in any foreign country or place, or any such diplomatic or consular officer of a foreign country as is in writing authorized in this behalf by the 2 [Federal Government] in relation to any foreign country or place,] may in that country or place administer 4 [either online or in physical form] any oath or affirmation and take any affidavit and also do any notarial act which any notary public may do within the territories of Pakistan, and every such oath, affirmation, affidavit and notarial act administered, sworn or done by or before any such person shall be as effectual as if duly administered, sworn or done by or before any lawful authority in any part of Pakistan. (2) Any document purporting to have affixed, impressed or subscribed thereon or thereto the seal and signature of any person authorised by this section to administer an oath in testimony of any oath, affirmation, affidavit or act being administered, sworn or done by or before him, shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person, or of the official character of that person. 1For Statement of Objects and Reasons, see Gaz. Of P., 1948, Pt. V p. 124. 2Subs. and shall be deemed always to have been so subs. by the Diplomatic and Consular Officers (Oath and Fees) Ordinance, 1960 (12 of 1960), s. 2, for the original cls. (a) and (b), as amended by the Diplomatic and Consular Officers (Oaths and Fees) Amendment Act, 1949 (3 of 1949), s. 2. 3Subs. and shall be deemed always to have been so subs. by the Diplomatic and Consular Officers (Oaths and Fees) Ordinance, 1960 (12 of 1960), s. 3, for the original words “exercising his functions in any foreign country or place”. 4 Ins. by Diplomatic and Consular Officers (Oath and Fees) (Amendment) Act, 2022 (XXI of 2022), s. 2. Powers to fix fees.___ The 5 [Federal Government] shall have power to fix tables of fees to be charged in respect of any act done in the execution of his office by a consular officer or by a diplomatic officer entrusted with consular duties, and to make regulations in accordance with which fees shall be levied, accounted for and applied or may be remitted. (2) Tables of any fees so fixed and any regulations6 so made shall be published in the official Gazette. Exhibition of tables of fees.___ (1) Tables of the fees mentioned in the preceding section shall be exhibited prominently at every customs port, land customs station and customs aerodrome. (2) Every consular officer and diplomatic officer entrusted with consular functions shall exhibit the aforesaid tables of fees in his office prominently and shall permit them to be inspected by any person wishing to do so. Penalty for taking excessive fees.___ No consular officer or diplomatic officer entrusted with consular duties shall, save as may be provided in the aforesaid regulations, ask for or take any fee or reward for any act done in the execution of his office, and if he does so he shall, without prejudice to any other liability, be punishable for every such offence with fine which may extend to Rs. 3,000. Punishments for offence under this Act.___ (1) Whoever swears falsely in any oath or affidavit taken or made in accordance with the provisions of this Act shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. (2) Whoever forges or fraudulently alters the seal or signature of any person authorised by or under this Act to administer an oath or tenders in evidence, or otherwise uses, any affidavit having any seal or signature so forged or counterfeited or fraudulently altered knowing the same to be forged counterfeited or fraudulently altered, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Trail of offences.___ Except as hereinafter provided, any offence under this Act may be inquired into dealt with, tried and punished

THE DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT, 1948 Read More »

Laws of Pakistan - Library, , , , , , ,
THE DESTRUCTION OF RECORD ACT, 1917

THE DESTRUCTION OF RECORD ACT, 1917

THE DESTRUCTION OF RECORD ACT, 1917   The Destruction of Records Act, 1917, is a historical piece of legislation in Pakistan that dealt with the disposal and destruction of certain types of records, documents, or papers. This act aimed to provide a legal framework for the systematic and secure disposal of records that were no longer required for administrative or legal purposes. SECTIONS: Short title. Definitions. Power to certain authorities to make rules for disposal of documents. Validation of former rules for disposal of documents. Saving of certain documents. Repeal. SCHEDULE. Repeal of enactments The Destruction of Records Act, 1917 1ACT NO. V OF 1917 [28th February, 1917] An Act to consolidate and amend the law providing for the destruction or other disposal of certain documents in the possession or custody of Courts and Revenue and other public officers. Whereas it is expedient to consolidate and amend the law providing for the destruction or other disposal of certain documents in the possession or custody of Courts and Revenue and other public officers ; It is hereby enacted as follows :__ Short title. This Act may be called the Destruction of Records Act, 1917. [Definitions] : Rep. by the A.O., 1937. Power to certain authorities to make rules for disposal of documents.__ (1) The authorities hereinafter specified may, from time to time, make rules2 for the disposal, by destruction or otherwise, of such documents as are, in the opinion of the authority making the rules, not of sufficient public value to justify their preservation. (2) The authorities shall be __ (a) in the case of documents in the possession or custody of a High Court or of the Courts of Civil or Criminal jurisdiction subordinate thereto,__ the High Court ; 1For Statement of Objects and Reasons, see Gazette of India, 1917, Pt. V, p. 2 ; and for Proceedings in Council, see Ibid, 1917, Pt. VI, pp. 17 and 292. 2For the Income­taxAppellate Tribunal (Destruction of Record Rules, 1960 see Gazette of Pakistan, 1960, Pt. I, pp. 330­331. Page 2 of 4 (b) in the case of documents in the possession or custody of Revenue Courts and officers,‑the Chief Controlling Revenue‑authority 1 ; and (c) in the case of documents in the possession or custody of any other public officer,‑ 2 [(i) if the documents relate to purposes of a Province, the Provincial Government or any officer specially authorised in that behalf by that Government ; (ii) in any other case, the 3 [Federal Government] or an officer specially authorised in that behalf by that Government.] 4 [(3) Rules made under this section by any High Court or by a Chief Controlling Revenue‑authority 1 or by an officer specially authorised in that behalf by any Provincial Government shall be subject to the previous approval of the Provincial Government ; and rules made by an officer specially authorised in that behalf by the 3 [Federal Government] shall be subject to the previous approval of the 3 [Federal Government]]. Validation of former rules for disposal of documents. All rules and orders directing or authorising the destruction or other disposal of documents in the possession or custody of any public officer, heretofore made by a 5 [Provincial Government], or with the approval of the 5 [Provincial Government] by any authority not empowered to make such rules under the Destruction of Records Act, 1879 (III of 1879) shall be deemed to have had the force of law from the date on which they were made, and all such rules and orders now in force shall continue to have the force of law until they are superseded by rules made under this Act. Saving of certain documents. Nothing in this Act shall be deemed to authorise the destruction of any document which, under the provisions of any law for the time being in force, is to be kept and maintained. [Repeals.] Rep. by the Repealing Act, 1927 (XII of 1927). THE SCHEDULE.__ [Repeal of Enactments] [Rep. by the Repealing Act, 1927 (Xll of 1927), s. 2 and Schedule.] 1For definition of Chief Controlling Revenue­authority, formerly included in s. 2, see now the General Clauses Act, 1897 (10 of 1897), s. 3 (9a). 2Subs by A. O., 1937, for “the L. G., or any officer specially authorized in that behalf by the L.G.”. 3Subs. By F.A.O., 1975, Art, 2 and Table for “Central Government”. 4Subs, ibid., for the originalsub­section (3) 5Subs, ibid., for “L.G”.   Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly [contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

THE DESTRUCTION OF RECORD ACT, 1917 Read More »

Laws of Pakistan - Library, , , , , , ,
THE DEPUTY CHAIRMAN AND DEPUTY SPEAKER (SALARIES, ALLOWANCE AND PRIVILEGES) ACT, 1975

THE DEPUTY CHAIRMAN AND DEPUTY SPEAKER (SALARIES, ALLOWANCE AND PRIVILEGES) ACT, 1975

THE DEPUTY CHAIRMAN AND DEPUTY SPEAKER (SALARIES, ALLOWANCE AND PRIVILEGES) ACT, 1975   The Deputy Chairman and Deputy Speaker (Salaries, Allowance, and Privileges) Act, 1975, is a piece of legislation in Pakistan that addresses the salaries, allowances, and privileges granted to the Deputy Chairman of the Senate and the Deputy Speaker of the National Assembly. These officials play important roles in the functioning of the Pakistani parliament, and this act outlines the financial and other benefits they receive in their official capacities. Short title and commencement Definitions Salary Equipment Allowance Allowance on taking up and laying down the office Sumptuary allowance Transport Official residence 8A. Residential Telephone, etc. Travelling allowance for journeys within Pakistan Daily allowance during halt Halt on tour Travelling allowance for journeys abroad Medical facilities Provident Fund Personal staff Compensation in case of air accidents 2 of 10 Leave 17A. Discretionary Grant Additional privileges Power to make rules 19A. Increase in Emoluments [Repeal] 3 of 10 THE DEPUTY CHAIRMAN AND DEPUTY SPEAKER (SALARIES, ALLOWANCE AND PRIVILEGES) ACT, 1975 1ACT No. LXXXIII OF 1975 [19th December, 1975] An Act to provide for the salaries, allowances and privileges of the Deputy Chairman of the Senate and the Deputy Speaker of die The National Assembly. WHEREAS it is expedient to provide for the salaries, allowances and privileges of the Deputy Chairman of the Senate and the Deputy Speaker of the National Assembly, and for matters connected therewith; It is hereby enacted as follows:— Short title and commencement.— (1) This Act may be called the Deputy Chairman and Deputy Speaker (Salaries, Allowances and Privileges) Act, 1975. (2) It shall come into force at once and shall be deemed to have taken effect on the fourteenth day of August, 1975. Definition. In this Act, unless there is anything repugnant in the subject or context,— (a) “Assembly” means the National Assembly; (b) “Deputy Chairman” means the Deputy Chairman of the Senate as defined in the Constitution when he is not acting as Chairman; (c) “Deputy Speaker” means the Deputy Speaker of the Assembly as defined in the Constitution when he is not acting as Speaker; (d) “family”, in relation to the Deputy Chairman or the Deputy Speaker, means his 2 [spouse], legitimate children and step children residing with and wholly dependent on him; (e) “maintenance” in relation to a residence includes the payment of local rates and taxes and the provision of water, gas and electricity; (f) “official business”, in relation to the Deputy Chairman and the Deputy Speaker respectively, means attending the sessions of the Senate, the Assembly and the Joint Sittings of Parliament, and includes such other functions or duties connected with the business of Parliament as may be performed or discharged by the Deputy Chairman and the Deputy Speaker; _________________________________________________________________________________ 1For Statement of Objects and Reasons, see Gaz. of P., 1975, Ext., Pt. Ill, p. 1093. 2Subs. by the Finance Act, 1996 (9 of 1996) s. 12. for “wife or wives”. 4 of 10 (g) “official residence” means the house reserved from time to time for use by the Deputy Chairman or the Deputy Speaker and includes the staff quarters and other buildings appurtenant to, and the gardens of, the residence; (h) other words and expressions used but not defined in this Act have the same meaning as in the Constitution of the Islamic Republic of Pakistan or in the Fundamental and Supplementary Rules. Salary. There shall be paid to the Deputy Chairman and the Deputy Speaker a salary at the rate of 1 [thirty seven- thousand rupees] per mensem : Provided that, if a person who has retired from the service of Pakistan is elected as Deputy Chairman or Deputy Speaker after the commencement of this Act, his pension shall be held in abeyance and shall not be payable for the period he holds the office of Deputy Chairman or Deputy Speaker. Equipment Allowance. The Deputy Chairman and the Deputy Speaker may, on his election as such, draw 2 [ 3 [five thousand] rupees] as an allowance for equipping himself: Provided that, during the ten years immediately preceding the said election, he had not drawn an allowance for the same purpose upon election or appointment as Chairman, Deputy Chairman, Speaker, Deputy Speaker, Federal Minister, Governor or Minister of State or to a diplomatic office. Allowance on taking up and laying down the office.— (1) The Deputy Chairman and a Deputy Speaker shall be entitled to claim actual expenses to the extent mentioned below from his ordinary place of residence to the seat of the Senate or, as the case may be, the Assembly on taking up office and from the seat of the Senate or the Assembly to his ordinary place of residence on laying down office:— (a) the actual travelling expenses for himself and his family; (b) the cost of transporting personal servants, not exceeding two, by the lowest class of accommodation; and (c) the cost of transporting household effects, not exceeding one hundred and twenty maunds, by goods train, steamer or other craft, excluding aircraft, and his personal car, if any. (2) No claim shall lie for any travel or transportation not performed or effected within six months of the date of taming up or laying down office, as the case may be. 1Subs. by ord. 41 of 2002, s.2. 3Subs, by Act 3 of 1985, s. 3. 4Subs. by Act 9 of 1996, s. 12, for “four thousand”. 5 of 10 Sumptuary allowance. The Deputy Chairman and the Deputy Speaker shall receive sumptuary allowance at the rate of 1 [ 2 [six thousand] rupees] per mensem. Transport. The Deputy Chairman and the Deputy Speaker 3 [and member of their families] shall be entitled to the use of an official car maintained at Government expense. Official residence. (1) The Deputy Chairman and the Deputy Speaker shall be entitled without payment of rent, to the use of a residence throughout his term of office, and for a period of fifteen days immediately thereafter, and no charge shall

THE DEPUTY CHAIRMAN AND DEPUTY SPEAKER (SALARIES, ALLOWANCE AND PRIVILEGES) ACT, 1975 Read More »

Laws of Pakistan - Library, , , , , , ,
THE DELIMITATION OF CONSTITUENCIES ACT, 1974

THE DELIMITATION OF CONSTITUENCIES ACT, 1974

THE DELIMITATION OF CONSTITUENCIES ACT, 1974   The Delimitation of Constituencies Act, 1974, is a significant piece of legislation in Pakistan that pertains to the process of delimiting electoral constituencies for various legislative bodies in the country, including the National Assembly and provincial assemblies. Delimitation involves the division of a region or jurisdiction into smaller electoral units or constituencies to ensure fair and equal representation in the legislative bodies. SECTIONS: Short title, and commencement. Definitions. Commission to delimit constituencies. Procedure of commission. Delegation of powers, etc. Assistance to the commission. Allocation of seats in the National Assembly. Delimitation of constituencies. Principles of delimitation. Reports of Commission and list of Constituencies. 10 A. Power of commission to make amendment, alteration or modification in the final list of constituencies. 10 B. Removal of difficulties. Bar of jurisdiction. THE SCHEDULE.. 1THE DELIMITATION OF CONSTITUENCIES ACT, 1974 2ACT NO. XXXIV OF 1974 [8th May, 1974] An Act to provide for the delimitation of constituencies for elections to the National Assembly and the Provincial Assemblies. WHEREAS it is expedient to provide for the delimitation of constituencies for elections to the National Assembly and the Provincial Assemblies and for matters connected therewith or ancillary thereto; It is hereby enacted as follows:— Short title and commencement. —(1) This Act, may be called the Delimitation of Constituencies Act, 1974. (2) It shall come into force at once. Definitions. In this Act, unless there is anything repugnant in the subject or context— (a) “Article” means Article of the constitution of the Islamic Republic of Pakistan hereinafter referred to as the Constitution; (b) “Commission” means the Election Commission constituted under Article 218; 3 [(ba) “local government” means a local government established under a Federal or a Provinicial law relating to local government; (bb) “local government law” means a Federal or a Provincial law relating to local government; (bc) “council” means a local council as defined in the respective Federal or Provincial local government laws;] (c) “population” means the population in accordance with the 4 [last preceding] census officially published; and (d) all words and expressions used but not defined in this Act shall have the same meaning as in the Constitution. 1 Amendment in delimitation of constituencies Act 1974. 2For Statement of Objects and Reasons, see Gaz. of Pakistan. 1974 Ext., Pt. 111. p. 560. The Act has been applied to the Federally Administered Tribal Areas, see Gaz. P. 1974 Ext., Pt. II, p. 1978 vide S.R.O. 1418(1)/74,dated the 14th November, 1974. The Act has been applied w.e.f. the 23 rd Sept., 1974 to the Provincially Administered Tribal Areas of Chitral, Dir. Swat. Kalam, Malakand Protected Area the Tribal Area adjoining Hazara Distt. and former State of Amb :see Gaz. of N W.F.P. 1974 Ext.. p. 241­b. This Act has been amended by Ord. No. XXXVIII of 1978 and Ord. No. XXVII of 1979 for the purpose of Elections held in 1985. This Act has been applied to the Provincially Administered Tribal Areas of Baluchistan by Notification No. S.O. (TA) 3/32/73, dt. 25­9­1974 the Gaz. of Baluchistan. Ext.. Issue No. 71 of 1974. This Act has further been amended by Ordinance No. XXIX of 1988. The Delimitation of Constituencies (Amendment) Act, 1989 (III of 1989) shall apply to the Federally Administered Tribal Areas w.e.f the date Act III of 1989 received President’s assent i.e. 9­2­1989 see S.R.O. No. 1093(I)/90, dated 3rd September. 1990. Gazette of Pakistan, Extraordinary Part­III, dated 22­10­1990  1848. 3 Ins. by Act, XXVI 2016, s.2. 4Subs. by the Delimitation of Constituencies (Amdt.) Ordinance, 1988 (4 of 1988), s. 2, for “1972” which was previously amended for “last preceding” by Ord. 50 of 1984, s. 2, to read as above. 2 of 7 Commission to delimit constituencies. The Commission shall delimit territorial constituencies for elections to the National Assembly and to each Provincial Assembly in accordance with the provisions of the Constitution and this Act. 1 [“3A. Delimitaion of constituences for local government election. The Commission shall also delimit territoral constituencies for elections to the local governments in accordance with the provisions of the local government Law and the rules made thereunder of each Province.”] Procedure of Commission. —(1) Subject to the provisions of this section, the Commission shall regulate its own procedure. (2) If, upon any matter requiring the decision of the Commission, there is difference of opinion amongst its members, the opinion of the majority shall prevail and the decision of the Commission shall be expressed in terms of the opinion of the majority. (3) The Commission may exercise its powers and performs its functions notwithstanding that there is a vacancy in the office of any one of its members or that any one of its members is, for any reason, unable to attend its proceedings and the decision of the 1 [majority of the members of the Commission] shall have the effect of the decision of the Commission: 2 [Provided that___ (a) where the members attending the proceedings of the Commission are four and they are equally divided in their opinion; or (b) where the members attending the proceedings of the Commission are three and there is difference of opinion amongst them; the matter shall be placed before the Commission for decision.] 2 [“5. Delegation of powers, etc.___ (1) The Commission may authorize three or more of its members, acting together, to exercise and perform all or any of its powers and functions under this Act. (2) Where four members are authorized under sub­section (1) the decision of majority shall prevail and where three members are authorized as aforesaid the decision shall be unanimous : Provided that___ (a) where four members have been authorized and they are equally divided in their opinion; or (b) where three members have been authorized and there is difference of opinion amongst them; the matter shall be placed before the Commission for decision.:] 1 Ins. by Act No. XXVI of 2016, s.3. 2 Subs. by Act XII of 2012, s. 2 and 3. 3 of 7 Assistance to the

THE DELIMITATION OF CONSTITUENCIES ACT, 1974 Read More »

Laws of Pakistan - Library, , , , , , ,
THE DEGREE AWARDING STATUS TO DAWOOD COLLEGE OF ENGINEERING AND TECHNOLOGY, KARACHI ACT, 2010

THE DEGREE AWARDING STATUS TO DAWOOD COLLEGE OF ENGINEERING AND TECHNOLOGY, KARACHI ACT, 2010

THE DEGREE AWARDING STATUS TO DAWOOD COLLEGE OF ENGINEERING AND TECHNOLOGY, KARACHI ACT, 2010   ACT NO. XXIII OF 2010 The “Degree Awarding Status to Dawood College of Engineering and Technology, Karachi Act, 2010” is an important piece of legislation in Pakistan that granted degree-awarding status to Dawood College of Engineering and Technology (DCET) in Karachi. This act paved the way for DCET to confer degrees to its students, thereby expanding its academic offerings and recognition. An Act to provide for Degree Awarding Status to Dawood College of Engineering and Technology, Karachi WHEREAS it is expedient to make provisions to grant degree awarding status to Dawood College of Engineering and Technology, Karachi and for matters connected therewith or ancillary thereto; It is hereby enacted as follows:_ CHAPTER I PRELIMINARY Short title and commencement.___ (1) This Act may be called the Degree Awarding Status to Dawood College of Engineering and Technology, Karachi, Act, 2010. (2) It shall come into force at once and shall be deemed to have taken effect on the 29th of November, 2009. Definitions. ___ In this Act, unless there is anything repugnant in the subject or context,___ (a) “Academic Council” means the Academic Council of the College established under section 22; (b) “Authority” means any of the Authorities of the College specified in section 17; (c) “Campus” means campus of the College; (d) “Chancellor” means the Chancellor of the College; (e) “College” means the Dawood College of Engineering and Technology, Karachi; (f) “College Teacher” or “teacher” means a whole time teacher appointed and paid by the College or its campuses which includesProfessors, Associate Professors, Assistant Professors and Lecturers; (g) “Commission” means the Higher Education Commission set up under the Higher Education Commission Ordinance, 2002; (h) “Dean” means the head of a Faculty or the head of an academic body granted the status of a Faculty under this Act or by the statutes or regulations; (i) “Department” means a teaching department maintained and administered or recognized by the College in the manner prescribed; (j) “Director” means the head of a campus; (k) “Faculty” means an administrative and academic unit of the College consisting of one or more departments as prescribed; (l) “Government” means the Federal Government; (m) “prescribed” means prescribed by statutes, regulations or rules made under the Act; (n) “Principal” means the Principal of the College; (o) “Pro-Chancellor” means the Pro­Chancellor of the College; (p) “Representation Committee” means Representation Committee constituted under section 24; (q) “Search Committee” means the Search Committee set up by the Senate under section 13; (r) “Senate” means the Senate of the College; (s) “Statutes”, “regulations” and “rules” means respectively the statutes, the regulations and the rules made under this Act for the time being in force; and (t) “Syndicate” means the Syndicate of the College. CHAPTER II THE COLLEGE Incorporation.___(1) The Dawood College of Engineering and Technology, Karachi is hereby reconstituted and setup as a degree awarding institution. (2) The College shall consist of the following, namely: ___ (a) the Chancellor, the Pro-Chancellor, the Principal and the members of the Senate; (b) the members of the Authorities of the College established under section 17; (c) all College Teachers and persons recognized as students of the College in accordance with terms prescribed from time to time; and (d) all other full-time officers and members of the College. (3) The College shall be a body corporate known as the Dawood College of Engineering and Technology, Karachi and shall have perpetual succession and a common seal, and may sue and be sued by the said name. (4) The College shall be competent to acquire and hold property, both movable and immovable and to lease, sell or otherwise transfer any movable and immovable property which may have become vested in or been acquired by it. (5) Notwithstanding anything contained in any other law for the time being in force, the College shall have academic, financial and administrative autonomy, including the power to employ officers, teachers and other employees on such terms as may be prescribed, subject to the provisions of this Act. In particular and without prejudice to the authority granted to Ministry of Education by the law, the Government or an authority or auditor appointed by the Government shall have no power to question the policy underlying the allocation of resources approved by the Senate in the annual budget of the College. (6) All properties, rights and interests of whatever kind, used, enjoyed, possessed, owned or vested in or held in trust by or for the College and liabilities legally subsisting against the College in existence shall pass to the College re-constituted under this Act. Powers and purposes of the College.___ The College shall have the following powers, namely.— (i) to provide for education and scholarship in such branches of knowledge as it may deem fit, and to make provision for research, service to society and for the application, advancement and dissemination of knowledge in such manner as it may determine; (ii) to prescribe courses of studies to be conducted by it and in its campuses; (iii) to hold examination and to award and confer degrees, diplomas, certificates and other academic distinctions to and on persons who have been admitted to and have passed its examinations under prescribed conditions; (iv) to prescribe the terms and conditions of employment of the officers, teachers and other employees of the College and to lay down terms and conditions that may be different from those applicable to government servants in general; (v) to engage, where necessary, persons on contracts of specified duration and to specify the terms of each engagement; (vi) to confer honorary degrees or other distinctions on approved persons in the manner prescribed; (vii) to provide for instructions for persons not being students of the College as it may prescribe and to grant certificates and diplomas to such persons; (viii) to institute programmes for the exchange of students and teachers between the College and other universities, educational institutions and research organizations, inside as well as outside

THE DEGREE AWARDING STATUS TO DAWOOD COLLEGE OF ENGINEERING AND TECHNOLOGY, KARACHI ACT, 2010 Read More »

Laws of Pakistan - Library, , , , , , ,
THE DEFAMATION ORDINANCE, 2002

THE DEFAMATION ORDINANCE, 2002

THE DEFAMATION ORDINANCE, 2002 The Defamation Ordinance, 2002, was a piece of legislation in Pakistan that aimed to address issues related to defamation. It provided a legal framework for individuals or entities to seek redress for harm caused by defamatory statements or publications. Please note that my knowledge is based on information available up to January 2022, and I do not have access to real-time updates or changes in legislation _____________ Sections: Short title and commencement. Definition. Defamation. Defamation actionable. Defences. Absolute Privilege. Qualified privilege. Notice of action. Remedies. Code of Civil Procedure and Qanun-e-Shahadat Order to apply. Ordinance not to prejudice action for criminal defamation. Limitation of action. Trial of cases. Court to decide the cases expeditiously. Appeal. Power to make rules. Updated till 31.8.2022 2 of 6 THE DEFAMATION ORDINANCE, 2002 ORDINANCE No. LVI OF 2002 [1st October, 2002]   An Ordinance to make provisions in respect of defamation WHEREAS it is expedient to make provisions in respect of defamation 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 Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. l 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 Defamation Ordinance, 2002. (2) It extends to the whole of Pakistan. (3) It shall come into force at once, Definitions.— In this Ordinance, unless there is anything repugnant in the subject or context,― 1 [* * * * * * *] (b) “broadcasting” means the dissemination of writing, signs, signals, pictures and sounds of all kind, including any electronic device, intended to be received by the public either directly or through the medium of relay stations, by means of. (i) a form of wireless radio-electric communication utilizing Hertzian waves, including radiotelegraph and radiotelephone, or (ii) cables, computer, wires, fibre-optic linkages or laser beams, and “broadcast” has a corresponding meaning; 2 [(bb) “Court” means the District Court;] (c) “editor” means a person or operator having editorial or equivalent responsibility for the content of the statement or the decision to publish or circulate it; 1Clause (a) omitted by the Defamation (Amdt.) Act, 2004 (IX of 2004), s.2. 2New clause (bb) Ins. by the Defamation (Amdt.) Act, 2004 (IX of 2004), s.2. 3 of 6 (d) “newspaper” means a paper containing public news, intelligence or occurrences or remarks or observations or containing only, or principally, advertisements, printed for distribution to the public and published periodically, or in parts or members, and includes such other periodical works as the Federal Government may, by notification in the official Gazette, declare to be newspaper; 1 [(dd) “originator” means the initiator of a defamatory statement or any other defamatory act;] (e) “publication” means the communication of the words to at least one person other than the person defamed and includes a newspaper or broadcast through the internet or other media; and (f) “publisher” means a commercial publisher, that is, a person whose business is issuing material to the public, or a section of the public, who issues material containing the statement in the course of that business. Defamation.—(1) Any wrongful act or publication or circulation of a false statement or representation made orally or in written or visual form which injuries the reputation of a person, tends to lower him in the estimation of others or tends to reduce him to ridicule, unjust criticism, dislike, contempt or hatred shall be actionable as defamation. (2) defamation is of two forms, namely:— (i) slander; and (ii) libel. (3) Any false oral statement or representation that amounts to defamation shall be actionable as slander. (4) Any false written, documentary or visual statement or representation made either by ordinary form or expression or by electronic or other modern means or devices that amounts to defamation shall be actionable as libel. Defamation actionable.— The publication of defamatory matter is an actionable wrong without proof of special damage to the person defamed and where defamation is proved, damage shall be presumed. Defences.— In defamation proceedings a person has a defence if he shows that― (a) he was not the author, editor, publisher or printer of the statement complained of; (b) the matter commented on is fair and in the public interest and is an expression of opinion and not an assertion of fact and was published in good faith; (c) it is based on truth and was made for public good; 1New clause (dd) Ins. by the Defamation (Amdt.) Act, 2004 (IX of 2004), s.2. 4 of 6 (d) assent was given for the publication by the plaintiff; (e) offer to tender a proper apology and publish the same was made by the defendant but was refused by the plaintiff. (f) an offer to print or publish a contradiction or denial in the same manner and with the same prominence was made but was refused by the plaintiff; (g) the matter complained of was privileged communication such as between lawyer and client or between persons having fiduciary relations; (h) the matter is covered by absolute or qualified privilege. Absolute privilege.— Any publication of statement made in the Federal or Provincial legislatures, reports, papers, notes and proceedings ordered to be published by either House of the Parliament or by the Provincial Assemblies, or relating to judicial proceedings ordered to be published by the court or any report, note or matter written or published by or under the authority of a Government, shall have the protection of absolute privilege. Explanation.— In this section legislature includes a local legislature and court includes any tribunal or body exercising the judicial power Qualified privilege.— Any fair and accurate publication of parliamentary proceedings, or judicial proceedings which

THE DEFAMATION ORDINANCE, 2002 Read More »

Laws of Pakistan - Library, , , , , , ,
THE DAR-UL-MADINA INTERNATIONAL UNIVERSITY ISLAMABAD ACT, 2013

THE DAR-UL-MADINA INTERNATIONAL UNIVERSITY ISLAMABAD ACT, 2013

THE DAR-UL-MADINA INTERNATIONAL UNIVERSITY ISLAMABAD ACT, 2013   I apologize, but I do not have specific information regarding the “Dar-ul-Madina International University Islamabad Act, 2013” in my current database, as my knowledge only goes up until January 2022. The existence and details of such an act may not be widely available in publicly accessible sources. CHAPTER I PRELIMINARY Short title and commencement. Definitions. CHAPTER II THE UNIVERSITY Establishment and incorporation of the University. Powers and purposes of the university. University open to all classes, creeds, etc. Teaching at the University. CHAPTER III OFFICERS OF THE UNIVERSITY Officers of the University. Patron. Visitation. 2 of 27 Chancellor. Removal from the Board. Vice Chancellor. Appointment and removal of Vice Chancellor. Dean. Registrar. Treasurer. Controller of examinations. CHAPTER IV AUTHORITIES OF THE UNIVERSITY Authorities. Board of trustees. Board. Powers and functions of the Board. Executive Committee. Powers and duties of the Executive Committee. Academic Council. Powers and functions of the Academic Council. Representation committees. Appointment of committees by certain authorities. Shariah advisory committee. CHAPTER V STATUTES, REGULATIONS AND RULES Statutes. Regulations.   Amendment and repeal of statutes and regulations. Rules. CHAPTER VI UNIVERSITY FUND University fund. Audit and accounts. CHAPTER VII GENERAL PROVISIONS Commencement of term of members of authorities. Disputes about membership of authorities. Proceedings of authorities not invalidated by vacancies. Removal of difficulties. Indemnity.   THE DAR-UL-MADINA INTERNATIONAL UNIVERSITY ISLAMABAD ACT, 2013 ACT NO. V OF 2013 [1 st March, 2013] An Act to provide for the establishment of Dar-ul-Madina International University WHEREAS it is expedient to provide for the establishment of Dar-ul-Madina International University and for matters ancillary thereto; It is hereby enacted as follows:— CHAPTER I PRELIMINARY Short title and commencement.—(1) This Act may be called the Dar-ul-Madina International University Islamabad Act, 2013. (2) It shall come into force at once. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— (i) “Academic Council” means the Academic Council of the University; (ii) “Affiliated institution” means educational institution authorized by Board to conduct academic programs, research and development projects and approved by the University; (iii) “Authority” means any of the authorities of the University set up under Section 18; (iv) “Board” means the Board of executives of the University; (v) “Board of trustees” means the Board of trustees of the University; (vi) ”Chancellor” means the Chancellor of the University; (vii) “College” means a constituent college; (viii) ”Commission” means the Higher Education Commission of Pakistan; (ix) ”Constituent college” means an educational institution, by whatever manner described, maintained and administered by the University; (x) ”Controller” means the head of examination department of the University;   (xi) ”Dean” means the head of a faculty of the University; (xii) ”Department” means a teaching department of the University; (xiii) “Director” means the head of an institute established as a constituent institute by the University; (xiv) “Executive Committee” means the Executive Committee of the University; (xv) ”Faculty” means an administrative and academic unit of the University consisting of one or more departments; (xvi) “Government” means the Federal Government; (xvii) “Institute” means an institute maintained and administered by the University; (xviii) “Officer” means any officer of the University; (xix) “Patron” means the Patron of the University; (xx) “prescribed” means prescribed by the statutes, regulations or rules; (xxi) “Professor emeritus” means a retired Professor appointed by the Chancellor on honorary basis; (xxii) “Principal” means the head of a college; (xxiii) “Registrar” means the Registrar of the University; (xxiv) “Selection committee” means the selection committee set up by the Board; (xxv) “Shariah Advisory Committee” means the Shariah Advisory Committee of the University; (xxvi) “Statutes”, “regulations” and “rules” means respectively the statutes, regulations and rules made under this Act; (xxvii) “Trust” means the Dawat-e-Islami Trust; (xxviii)“teacher” means and includes any Professor, Associate Professor, Assistant Professor and or Lecturer engaged whole-time by the University, or by a constituent college; (xxix) “University” means the Dar-ul-Madina International University; (xxx) “University Teacher” means a whole-time Professor, Associate Professor, Assistant Professor or Lecturer teacher appointed whole-time and paid by the University; and (xxxi) “Vice-Chancellor” means the Vice-Chancellor of the University.   CHAPTER II THE UNIVERSITY Establishment and incorporation of the University.—(1) There shall be established a University to be called the Dar-ul-Madina International University consisting of the following, namely:— (a) the Patron, the Chancellor, the Vice-Chancellor, the members of the Board and the Board of Trustees; (b) the members of Executive Committee, Deans, the chairmen of the teaching departments and members of the Academic Council of the University; (c) the members of the Executive or governors Boards, committees and other bodies as the board may establish; (d) the members of faculties and students of the University and its constituent units in accordance with the terms prescribed from time to time, and all other; and (e) such other officers and members of the staff as the Board may, from time to time, specify. (2) The University shall be a body corporate by the name of Dar-ul-Madina International University having perpetual succession and a common seal, with powers, among others, to acquire and hold property, both movable and immovable, and to lease, sell or otherwise transfer any movable and immovable property which may have become vested in or been acquired by it. (3) The principal seat of the University shall be at Islamabad and it may set up his campuses, colleges, institutes, offices, research or study centers and other facilities at such places in Pakistan as well as abroad as the Board of trustees may determine. The additional campuses shall be set up in other parts of the country, and in other parts of the world. (4) Notwithstanding anything contained in any other law for the time being in force, the University shall have academic, financial and administrative autonomy, including the powers to employ officers, teachers and other employees on such terms as may be prescribed, subject to the terms of this Act. (5) In particular and without prejudice to the authority granted to the Commission by the law, the Government or any

THE DAR-UL-MADINA INTERNATIONAL UNIVERSITY ISLAMABAD ACT, 2013 Read More »

Laws of Pakistan - Library, , , , ,
THE DANGEROUS CARGOES ACT, 1953

THE DANGEROUS CARGOES ACT, 1953

THE DANGEROUS CARGOES ACT, 1953   Welcome to the 24Justice page discussing the Dangerous Cargoes Act, 1953. In this section, we will provide you with an overview of this significant piece of legislation in Pakistan. The Dangerous Cargoes Act, 1953, addresses the regulation and safety measures associated with the transportation and handling of hazardous materials and dangerous cargoes. Short title, extent and commencement. Definitions. Measures for the safety of ports. Power to make rules. Declaration of emergency. Powers of the chief of the Naval Staff. Delegation of powers by Chief of the Naval Staff. Powers of Deputy Conservator of a port. 8 A. Technical Adviser Dangerous Cargoes. Contravention of this Act. Power to arrest without warrant. Saving as to order. Protection of action taken under this act. Page 1 of 8 THE DANGEROUS CARGOES ACT, 1953 1ACT NO. V OF 1953 [15 th April, 1953] An Act 2 [to make further provision for] the safety of ports in respect of the transit, working and storage of dangerous cargoes and matters incidental thereto. WHEREAS it is expedient 2 [ to make further provision for] the safety of ports in respect of the transit, working and storage of dangerous cargoes and matters incidental thereto ; It is hereby enacted as follows :___ Short title, extent and commencement.___ (1) This Act may be called the Dangerous Cargoes Act, 1953. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. 3 [2. Definitions. In this Act,___ (1) “dangerous cargoes” means any cargoes containing ____ (a) any goods shown as explosives in the Comprehensive Classified List of Government Explosives compiled and issued by the Explosive 4 [Storage] and Transport Committee which has been accepted and approved by the 5 [Federal Government] or any ammunition; or 1 For Statement of Object and Reasons, see Gaz. of P., 1953, Pt. IX, p. 4. 2 Subs. by the Dangerous Cargoes (Amdt.) Act, 1954 (13 of 1954), s. 2, for “to provide for special powers relating to”. 3 Subs. by the Dangerous Cargoes (Amdt.) Act, 1954 (13 of 1954), s. 3, for the original section 2. 4 Subs. by the Dangerous Cargoes (Amdt.) Act, 1974 (43 of 1974), s. 2, for “storage”. 5 Subs. ibid., s. 7, for “Central Government”. Page 2 of 8 (b) petroleum, as defined in clause (a) of section 2 of the Petroleum Act, 1934, when the flashing point of such petroleum is below one hundred and fifty degrees Fahrenheit ; 1 [(c) prohibited dangerous goods, that is to say, goods classified as dangerous in the International Maritime Dangerous Goods Code or the Government Stowage Instructions as revised from time to time by the Federal Government ; or] (d) any cargoes which are liable to fire or explosion and which are declared by the 2 [Federal Government] by notification 3 in the official Gazette to be dangerous cargoes for the purposes of this Act. (2) “Fortress Commander” means an officer of the armed forces appointed as such by the 2 [Federal Government] by a notification in the official Gazette.] Measures for the safety of ports. The 2 [Federal Government] may make such orders as appear to it to be necessary or expedient for securing the safety of any port and preventing or dealing with explosions and fires on vessels carrying dangerous cargoes within the limits of any port, and generally for the transit working and storage of dangerous cargoes and matters incidental thereto. Power to make Rules. ____ (1) The 2 [Federal Government] may by notification in the official Gazette, make such rules as appear to it to be necessary or expedient for carrying the purposes of this Act into effect. 1 Subs. by the Dangerous Cargoes (Amdt.) Act, 1974 (43 of 1974), s. 2. 2 Subs. ibid., s. 7, for “Central Government”. 3 For such notifies, see Gaz. of Pak. 1955 Ext. pp. 1353 ___1375. Page 3 of 8 (2) Without prejudice to the generality of the foregoing power such rules may provide for all or any of the following, namely :___ (a) the constitution, mobilization, enrolment, discipline, equipment,, duties, privileges, and protection of fire‑brigades and fire services in or near any port ; (b) the powers to be conferred and duties to be imposed on any officer or authority for the purposes of this Act ; (c) the mobilization and control of any Government, State or Municipal service, or private organization, by the Fortress Commander in the event of the declaration of an emergency or apprehended emergency due to fire or explosion. Declaration of emergency. The existence of an emergency or apprehended emergency 1 [due to fire or explosion] shall be declared by the Fortress Commander on the advice of the 2 [Chief of the Naval Staff]. Powers of the 3 [Chief of the Naval Staff].___Without prejudice to any other powers which may be conferred on him under this Act, the 3 [Chief of the Naval Staff] may ___ (a) issue orders requiring measures to be taken for the safety or vessels in a port and against or in respect of fire ; (b) issue orders to the owner or master of any vessel in port requiring him,___ (i) to take such steps as may be mentioned in the order for the detection and combating of fire ; 1 Ins. by the Dangerous Cargoes (Amdt.) 1954, (13 of 1954), s. 4. 2 The original words “Commander­in­Chief of the Royal Pakistan Navy”. Which were previously amended by the A.O. 1961 Art. 2 and Sch. has been subs. by the Dangerous Cargoes (Amdt.) Act, 1974 (43 of 1974), s. 3. to read as above. 3 Subs. ibid., s. 4. Page 4 of 8 (ii) to do, or to refrain from doing, such things as may be mentioned in the order in order to secure the safety of the vessel or prevent it from endangering other vessels or property ; (iii) to scuttle or beach the vessel in such position as may be specified in the order if the

THE DANGEROUS CARGOES ACT, 1953 Read More »

Laws of Pakistan - Library, , , , , , ,
THE CUTCHI MEMONS ACT, 1938

THE CUTCHI MEMONS ACT, 1938

THE CUTCHI MEMONS ACT, 1938   Welcome to the 24Justice page discussing the Cutchi Memons Act, 1938. In this section, we will provide you with an overview of this historical piece of legislation in Pakistan. The Cutchi Memons Act, 1938, pertains to the Cutchi Memon community and addresses specific legal and administrative matters related to their community affairs SECTIONS 1 Short title and commencement. 2 Cutchi Memons to be governed in certain matters by Muslim Law. 3 Savings. 4 Repeal. THE CUTCHI MEMONS ACT, 1938 1ACT NO. X OF 1938 [8th April, 1938] An Act to provide that all Cutchi Memons shall be governed in matters of succession and inheritance by the 2 [Muslim] Law. WHEREAS it is expedient that all Cutchi Memons be governed in matters of succession and inheritance by the 2 [Muslim] Law; It is hereby enacted as follows:__ Short title and commencement.__ (1) This Act may be called the Cutchi Memons Act, 1938. (2) It shall come into force on the 1st day of November, 1938. Cutchi Memons to be governed in certain matters by 2 [Muslim] Law. Subject to the provisions of section 3, all Cutchi Memons shall, in matters of succession and inheritance, be governed by the 2 [Muslim] Law. Savings. Nothing in this Act shall affect any right or liability acquired or incurred before its commencement, or any legal proceeding or remedy in respect of any such right or liability; and any such legal proceeding or remedy may be continued or enforced as if this Act had not been passed. [Repeal.] Rep. by the Repealing and Amending Act, 1942 (XXV of 1942), s. 2 and First Schedule. _____________ 1For Statement of Objects and Reasons, see Gazette of India, 1937, Pt. V, p. 271 ; for Report of the Select Committee, see ibid., 1938, Pt. V, p. 27. 2Subs. by F. A. O., 1975, Art 2 and Table, for “Muhammadan”.   Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly   [contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]  

THE CUTCHI MEMONS ACT, 1938 Read More »

Laws of Pakistan - Library, , , , , , ,
Punjab Partition of Immovable Property Act, 2012.

THE CRIMINAL LAW AMENDMENT (SPECIAL COURT) ACT, 1976

THE CRIMINAL LAW AMENDMENT (SPECIAL COURT) ACT, 1976   Welcome to the 24Justice page discussing the Criminal Law Amendment (Special Court) Act, 1976. In this section, we will provide you with an overview of this significant piece of legislation in Pakistan. The Criminal Law Amendment (Special Court) Act, 1976, addresses the establishment and jurisdiction of special courts to deal with certain criminal offenses in a more efficient and expedited manner. Short title, extent and commencement Definitions Certain offences triable by Special Court Special Court Commencement of proceedings Powers and procedure of Special Court Place of sitting Proceedings to be open Restriction of adjournments Special rules of evidence Provision for counsel Jurisdiction, etc., of Special Court not to be questioned Act to override all other laws Repeal [Omitted] Page 2 of 6 THE CRIMINAL LAW AMENDMENT (SPECIAL COURT) ACT, 1976 1ACT No. XVII OF 1976 An Act to provide for the trial by a Special Court of certain offences WHEREAS It is expedient to provide for the trial by a special Court of certain offences affecting the security, integrity or sovereignty of Pakistan or any part thereof, including offences of high treason, and for matters connected therewith; It is hereby enacted as follows:— Short title, extent and commencement. ___(1) This Act may be called the Criminal Law Amendment (Special Court) Act, 1976. (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) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898); (b) “Special Court” means 2 [a] court set up under section 4. Certain offences triable by Special Court.—(1) Any offence punishable under sections 121, 121A, 122, 123 and 123A of the Pakistan Penal Code (Act XLV of 1860), and any offence punishable under the High Treason (Punishment) Act, 1973 (LXVIII of 1973), including an offence of conspiracy to commit any such offence, whether committed before or after the commencement of this Act, shall be tried by 3 [a Special Court] in accordance with the provisions of this Act. (2) No court other than the Special Court shall try an offence which is triable by the Special Court under sub-section (1). (3) If, in the course of a trial before the Special Court, the Court is of opinion that an accused before it has committed or appears to have committed any offence other than an offence referred to in sub-section (1), the Special Court shall record such opinion and refer such accused for the trial of such other offence to a court having jurisdiction to try the offence. Special Court.—(1) 4 [For the trial of any of the offences specified in sub-section (1) of section 3, the Federal Government may, by notification in the official Gazette, set up one or more Special Courts] composed of three persons each of whom is a Judge of a High Court, and shall nominate one of the said persons to be the President of the Special Court. 1For Statement of Objects and Reasons, see Gaz. of P., 1976, Ext., Pt. II, pp. 349-350. 2Subs. by the Criminal Law Amendment (Special Court) (Amdt) Ordinance, 1977 (40 of 1977), s. 2, for “the” (w.e.f. 14-9-1977). 3Subs.ibid “the Special Court”. 4Subs. ibid., s. 4, for certain words (w.e.f. 14-9-1977). Page 3 of 6 1 [(1A) The setting up of a Special Court under sub-section (1) shall not be deemed to affect the jurisdiction of any other Special Court in respect of the trial of a case pending before such other Special Court immediately before the setting up of the Special Court.] (2) If any member of the Special Court through death, illness or any other reason is unable to continue to perform his functions, the Federal Government may, by notification in the official Gazette, declare the office of such member to be vacant and appoint thereto another person qualified to hold the office. (3) If, in the course of a trial, any member of the Special Court is, for any reason, unable to attend any sitting thereof, the trial may continue before the other two members. (4) The Special Court shall not merely by reason of any change in its membership or the absence of any of its members from any sitting be bound to recall and rehear any witness who has already given any evidence and may act on the evidence already given or produced before it. (5) In the event of any difference of opinion among the members of the Special Court, the opinion of the majority shall prevail and the decision of the Special Court shall be expressed in terms of the views of the majority. Commencement of proceedings.—(1) The Federal Government shall forward to the Special Court, on behalf of the prosecution, a complaint in the form of a statement of the case to be tried by the Court, together with a list of the accused persons, formal charges of offences alleged to have been committed by each one of them and a list of witnesses intended to be produced in support of each charge. (2) For the purpose of taking cognizance of a case under this Act no other complaint would be necessary under any other law. (3) The submission of a complaint or a list of 2 [accused persons or] witnesses or formal charges under sub-section (1) shall not preclude— (a) The Federal Government from submitting an amended or additional statement of the case or charge at any time before judgment is pronounced, or (b) The Federal Government or the prosecution from submitting additional names of 2 [accused persons or] witnesses at any subsequent stage of the prosecution evidence in the case. Powers and procedure of Special Court.— (1) The Special Court shall have, in respect of a case triable by it, all the powers which a High Court has in relation to trial before it under the Code, but shall, notwithstanding anything contained in the Code, proceed

THE CRIMINAL LAW AMENDMENT (SPECIAL COURT) ACT, 1976 Read More »

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