Laws of Pakistan – Library

HEAVY INDUSTRIES [TAXILA] BOARD ACT, 1997

HEAVY INDUSTRIES [TAXILA] BOARD ACT, 1997

HEAVY INDUSTRIES [TAXILA] BOARD ACT, 1997 The Heavy Industries (Taxila) Board Act, 1997, is a significant piece of legislation in Pakistan that establishes the legal framework for the operation and management of the Heavy Industries Board in Taxila, a region known for its heavy industries and manufacturing capabilities. Enacted in 1997, this act provides the necessary legal provisions for the governance, functions, and responsibilities of the board. In this introduction, we will explore the historical context, key objectives, and legal significance of this act. Sections Short Title and Commencement. Definitions. Establishment of the Board. Terms of office of the members. Meetings. Functions of the Board. Investment of the Board with certain powers. Submission of estimates of receipts and expenditures to the Federal Government. Accounts, audit and costings. Submission of annual report, return etc. Delegation of powers. Mode of signifying communications from the Board. Power to issue direction. Power to make rules. Dissolution of the Board. Updated till 12.11.2021 Page 2 of 7 HEAVY INDUSTRIES 1 [TAXILA ] BOARD ACT, 1997 ACT No. XII OF 1997 An Act to establish a Heavy Industries 1 [Taxila, Board] WHEREAS it is expedient to establish a Heavy Industries 1 [Taxila], Board and to provide for matters connected therewith or incidental thereto; It is hereby enacted as follows:― Short title and commencement.― (1) This Act may be called the Heavy Industries 1 [Taxila] Board Act, 1997. (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) “Board” means the Heavy Industries 1 [Taxila] Board established under section 3; (b) “Chairman” means the Chairman of the Board; (c ) “factories” means Heavy Re-build Factories and Manufacturing Factories established and functioning under the control of Heavy Industries 1 [Taxila] Board; (d) “Heavy Industries” means the Heavy Industries, Taxila, and includes Heavy Re-build Factories, Manufacturing Factories and other allied facilities owned by the Federal Government; and (e) “member” means a member of the Board. Establishment of the Board.―(1) As soon as may be, after commencement of this Act, the Federal Government shall, by notification in the Official Gazette, establish for carrying out the purposes of this Act, a Heavy Industries 1 [Taxila] Board consisting of a Chairman and 1 [five] members to be appointed by it. (2) The Chairman shall be appointed by the Federal Government on recommendation of the Chief of Army Staff. (3) Out of the 1 [five] members to be appointed by the Federal Government, one shall be appointed as member finance in consultation with the Ministry of Finance, the second to be as the member Ministerial Co-ordination, 1 [third member shall be appointed from the corporate sector, to be called the Member (Private), on the recommendation of the Secretary, Defense Production Division] and the remaining two to be the technical members as members production Control and Project Planning to be appointed from within the existing strength of the Board. 1Ins. and subs. by Ordinance XLVII of 2000, by ss.2-5. Page 3 of 7 Terms of office of the members.―(1) The Chairman and members shall hold office for a term of four years and shall be eligible for re-appointment and shall receive such salary and allowances as the Federal Government may, from time to time, determine1 [:] 1 [Provided that the Member (Private) shall hold office in honorary capacity.] (2) Every member, except member Ministerial Co-ordination,1 [and Member (Private)] shall be a whole time officer of the Board and shall perform such functions as are or may be assigned to him under this Act. (3) Every member 1 [except Member (private)] shall, before assuming his office, relinquish or divest himself of any office or interest in any corporation, company or concern other than an industry owned by the Federal Government or sponsored by the Board or Cooperative Society, or a charitable organization: Provided that the Federal Government may permit a member to retain any shares in a company purchased by him if the company of which the shares have been acquired does not have any dealings with the Board; and in case of company of which a member holds shares starts dealings with the Board, the member shall immediately declare to the Board the extent of his share in the company. Meetings.―(1) No business of the Board shall be transacted except at a meeting at which a quorum of at least three members is present. (2) The Chairman and, in his absence, the senior most member shall preside at the meetings of the Board. (3) At the meetings of the Board each member shall have one vote and, in the event of equality of votes, the Chairman or the member presiding shall have a second or casting vote. (4) A resolution in writing signed by all the members for the time being in Pakistan shall be as valid and effective as if it has been passed at the meeting of the Board. Functions of the Board.―(1)The principal functions of the Board shall be to manage,1 [organize or, as the case may be, within the existing financial resources, reorganize any factory] and administer the affairs of the factories included in Heavy Industries and to run them on sound administrative and modern management techniques so as to adequately meet, during war and peace, the needs of the defence of the country and to utilize the 2 [commercial potential] of the factories to meet the requirements of the civilian population and the brotherly or friendly countries. 1Subs and Ins. by ordinance XLVII of 2000, by ss.6-7. 2 Subs. By Act VI of 2019, by s,2. Page 4 of 7 (2) The Board shall, in discharging its functions, be guided on questions of policy involving national interest, including defence requirement during war and peace, by such directions as the Federal Government, which shall be the sole judge whether or not national interest is involved, may give from time to time. Investment of the Board with certain powers.

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The Government Servants (Conduct) Rules, 1964

The Government Servants (Conduct) Rules, 1964

  The Government Servants (Conduct) Rules, 1964 The Government Servants (Conduct) Rules, 1964, are a set of regulations in Pakistan that define the standards of conduct and behavior expected from government employees. Enacted in 1964, these rules provide a legal framework to guide the behavior and responsibilities of civil servants working in various government departments and institutions. In this introduction, we will explore the historical context, key objectives, and legal significance of these conduct rules.   CONTENTS   Preamble 1 Short title and commencement 2 Extent of application 3 Definitions 4 Repeal of previous Conduct Rules 5 Gifts 6 Acceptance of foreign awards 7 Public demonstration in honour of Government servants 8 Gift to medical officers 9 Subscriptions 10 Lending and borrowing 11 Buying and selling of movable and immovable property 12 Declaration of immovable property 13 Disclosure of assets, immovable and liquid 14 Speculation and investment 15 Promotion and management of companies, etc 16 Private trade, employment or work 17 Insolvent and habitual indebtedness 17-A Intimation of involvement and conviction in a criminal case 18 Unauthorised communication of official documents or information 19 Approach to members of the Assemblies, etc 20 Management, etc., of newspapers or periodicals 21 Radio broadcasts and communications to the Press 22 Publication of information and public speeches capable of embarrassing the Government 22-A   23 Evidence before committees 24 Taking part in politics and elections 25 Propagation of sectarian creeds, etc 25-A Government servants not to express views against Ideology of Pakistan 25-B Government servants not to take part in or assist, any public demonstration against Government decisions etc 26 Nepotism, favouritism and victimization, etc 27 Vindication by Government servants of their public acts or character 28 Membership of service associations 29 Use of political or other influence 30 Approaching foreign missions and aid-giving agencies 31 Delegation of powers 32 Rules not to be in derogation of any law, etc           THE GOVERNMENT SERVANTS (CONDUCT) RULES, 1964 5th June, 1964 In exercise of the powers conferred by paragraph (a) of clause (2) of Article 178 and clause (1) of Article 179 of the Constitution and of all powers enabling him in that behalf, the President is pleased to make the following rules, namely:- Short title mid commencement.-(1) These rules may he called the Government Servants (Conduct) Rules, 1964. (2) They shall come into force at once. 2. Extent of application.-These rules apply to every person, whether on duty or on leave within or without Pakistan, serving in a civil capacity in connection with the affairs of the Center and to the members of an All-Pakistan Service during their employment under the Provincial Governments or while on deputation with any other Government, agency, institution or authority: Provided that the Central Government may, by a notification in the official Gazette, exempt any class of Government servants from the operation of all or any of these rules. 3. Definitions.-(1) In these rules, unless there is anything repugnant in the subject or context,- (a) ‘Government’ means the Central Government and in respect of officers of All-Pakistan Service serving in Province, the Provincial Government; (b) ‘Government servant’ means a person to whom these rules apply; and (c) ‘member of a Government servant’s family’ includes’ (i) his wife, child or step-child, whether residing with the Government servant or not; and (ii) any other relative of the Government servant or his wife, when residing with an wholly dependent upon the Government servant, but does not include a wife legally separated from the Government servant, or a child or step-child who is no longer in any way dependent upon him, or of whose custody the Government servant has been deprived by law. (2) Reference to a wife in clause (c) of sub-rule (1) shall he construed as reference to a husband where the Government servant is a woman. 4. Repeal of previous Conduct Rules.-The Government Servants Conduct Rules made under section 96-B of the Government of India Act, I’m, and the Secretary of State Service (Conduct) Rules, 1942, made under sections 247(1), 250 and 269 of the Government of India Act, 1935 in so far as they applied to the person to whom these rules apply are hereby repealed, hut such repeal shall not affect anything duly done or suffered under those rules. 5. Gifts–[(1) Save as otherwise provided in this rule, no Government servant shall, except with the previous sanction of the Government, accept or permit any member of his family to accept, from any person any gift the receipt of which will place him under any form of official obligation to the donor. If, however, due to very exceptional reasons, a gift cannot he refused, the same may, under intimation to the Cabinet Division, he kept for official use in the Department or Organization in which he is working]; and (2) If any question arises whether receipt of a gift places a Government servant under any form or official obligation to the donor, the decision of the Government thereon shall he final. (3) If any gift is offered by the head or representative of a foreign State, the Government servant concerned should attempt to avoid acceptance of such a gift, if he can do so without giving offence. If, however, he cannot do so, he shall accept the gift and shall report its receipt to the Establishment Division for orders as to its disposal. [(4) Government servants are prohibited from receiving gift of any kind for their person or for members of their families from diplomats, consular and other foreign Government representatives or their employees who are stationed in Pakistan. If, however, due to very exceptional reasons, a gift cannot he refused, it should invariably be deposited in the Toshaknana. (5) Government servants, except those belonging to Grades 1 to 4, are prohibited from accepting cash awards offered by the visiting foreign dignitaries. In case, however, it becomes, impossible to refuse without causing offence to the visiting dignitary, the amount may be accepted and immediately

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THE GOOD CONDUCT PRISONERS’ PROBATIONAL RELEASE ACT, 1926

THE GOOD CONDUCT PRISONERS’ PROBATIONAL RELEASE ACT, 1926 (Punjab Act X of 1926)

THE GOOD CONDUCT PRISONERS’ PROBATIONAL RELEASE ACT, 1926 (Punjab Act X of 1926)  The Good Conduct Prisoners’ Probational Release Act, 1926, is a historic piece of legislation in Pakistan that addresses the early release and probationary conditions for prisoners who exhibit good conduct during their incarceration. Enacted in 1926, this act provides a legal framework for the assessment and potential release of prisoners who demonstrate rehabilitation and good behavior while serving their sentences. In this introduction, we will explore the historical context, key objectives, and legal significance of this act. Sections Short title, extent and commencement. Power of Government to release by license on conditions imposed by it. Period for which license is to be in force. Period of release to be reckoned as imprisonment for computing period of sentence served. Form of license. Power to revoke license. Released absconders who escape from supervision to be punishable. Power to make rules.   THE GOOD CONDUCT PRISONERS’ PROBATIONAL RELEASE ACT, 1926 (Punjab Act X of 1926) [27 August 1926] An Act to provide for the release of good conduct prisoners on conditions imposed by the [Provincial Government] Preamble.— WHEREAS it is expedient to provide for the conditional release from prison of good conduct prisoners in certain cases before the completion of the term of imprisonment to which they have been sentenced, and whereas the previous sanction of the Governor-General under sub-section (3) of section 80-A of the Government of India Act has been obtained;       It is hereby enacted as follows:- Short title, extent and commencement.—(1) This Act may be called the Good Conduct Prisoners’ Probational Release Act, 1926.       [(2)  It extends to the whole of the Province of [the Punjab] except [Tribal Areas].       (3)  It shall come into force on such date as the [Provincial Government] may by notification appoint in this behalf. Power of Government to release by license on conditions imposed by it.—Notwithstanding anything contained in section 401 of the Code of Criminal Procedure, 1898, where a person is confined in prison under a sentence of imprisonment, and it appears to the [Provincial Government] from his antecedents or his conduct in the prison that he is likely to abstain from crime and lead useful and industrious life, if he is released from prison, the [Provincial Government] may by license permit him to be released on condition that he be placed under the supervision or authority of a [servant of the state] or a secular institution or of a person or society professing the same religion as the prisoner, named in the license and willing to take charge of him.       Explanation— The expression “sentence of imprisonment” in this section shall include imprisonment in default of payment of fine and imprisonment for failure to furnish security under Chapter VIII of the Code of Criminal Procedure, 1898. Period for which license is to be in force.—A license granted under the provisions of section 2 shall be in force until the date on which the person released would, in the execution of the order or warrant authorising his imprisonment, have been discharged from prison had he not been released on license, or until the license is revoked, whichever is sooner. Period of release to be reckoned as imprisonment for computing period of sentence served.—The period during which a person is absent from prison under the provisions of this Act on a license which is in force shall be reckoned as a part of the period of imprisonment to which he was sentenced, for the purpose of computing the period of the sentence and for the purpose of computing the amount of remission of his sentence which might be awarded to him under any rules in force relating to such remission. Form of license.—A license granted under the provisions of section 2 shall be in such form and shall contain such conditions as the [Provincial Government] may, by general or special order or by rules made in this behalf direct. Power to revoke license.—(1) The [Provincial Government] may at any time revoke a license granted under the provisions of section 2.       (2)  An order of revocation passed under the provisions of sub-section (1) shall specify the date with effect from which the license shall cease to be in force and shall be served in such manner as the [Provincial Government] may by rules prescribe, upon the person whose license has been revoked. Released absconders who escape from supervision to be punishable.—(1) If any person escapes from the supervision or authority of a [servant of the state] or secular institution, or a society or person in whose charge he has been placed under the provisions of section 2, or if any person whose license has been revoked under the provisions of section 6, fails without lawful excuse, the burden of proving which shall be upon him, to return to the prison from which he was released, on or before the date specified in the order of revocation, such person shall on conviction by magistrate be punishable with imprisonment of a term which may extend to two years or with fine, or with both.       (2)  An offence punishable under the provisions of sub-section (1) shall be deemed to be a cognizable offence within the meaning of clause (f) of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898. Power to make rules.—The [Provincial Government] may make rules consistent with this Act—       (1)   for the form and conditions of licenses on which prisoners may be released;       (2)   for defining the powers and duties of Government officers, societies or persons, under whose authority or supervision conditionally released prisoners may be kept;       (3)   for defining the classes of offenders who may be conditionally released and the period of imprisonment after which they may be so released;       (4)   generally for carrying into effect all the purposes of this Act.   For statement of objects and reasons, see Punjab Gazette, 1926, Pt. I, p.543; and for Proceedings in Council,

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THE PUNJAB PREVENTION OF GAMBLING ORDINANCE, 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 for

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

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

THE FOODSTUFFS AND FERTILIZERS (CANCELLATION OF AUTHORIZATIONS AND DEALERSHIPS) ORDINANCE, 1978 The Foodstuffs and Fertilizers (Cancellation of Authorizations and Dealerships) Ordinance, 1978, is a significant piece of legislation in Pakistan that empowers authorities to cancel authorizations and dealerships related to foodstuffs and fertilizers. Enacted in 1978, this ordinance provides a legal framework for the revocation of permissions and licenses granted for the sale, distribution, or dealership of specific products in the agricultural and food sectors. In this introduction, we will explore the historical context, key objectives, and legal significance of this ordinance. SECTIONS                     CONTENTS            1.         Short title, extent and commencement.            2.         Definitions.            3.         Power to cancel authorizations and dealerships.            4.         Delegation of powers by Government.            5.         Bar of jurisdiction.            6.         Protection to persons acting in good faith.       THE FOODSTUFFS AND FERTILIZERS (CANCELLATION OF AUTHORIZATIONS AND DEALERSHIPS) ORDINANCE, 1978 (Pb Ord. XXI of 1978) 22th  October 1978 An Ordinance to provide for the cancellation of authorizations and dealerships issued for distribution of food-stuffs and fertilizers Preamble : — WHEREAS it is expedient to provide for the cancellation of authorizations under the West Pakistan Foodstuffs Distribution Order, 1967, and the dealerships under the Punjab Fertilizers (Control) Order, 1973, and for matters connected therewith;   NOW, THEREFORE, in pursuance of the proclamation of fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA’s Order I of 1977), the Governor of the Punjab is pleased to make and promulgate the following Ordinance : —   Short title, extent and commencement : — (1) This Ordinance may be called the Foodstuffs and Fertilizers (Cancellation of Authorizations and Dealerships) Ordinance, 1978. (2)        It extends to the Province of the Punjab. (3)        It shall come into force at once.   Definitions : — In this Ordinance, unless there is anything repugnant in the subject or context : — (a)  “authorization” means the authorization issued under the West Pakistan Foodstuffs Distribution Order, 1967; (b)  “dealership” means the authority granted to any person to act as dealer under the Punjab Fertilizers (Control) Order, 1973. (c)  “Government” means the Government of the Punjab.   Power to cancel authorizations and dealerships : — (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, agreement, order or notification, the Government may terminate, without notice, any authorization or dealership. (2)        No compensation shall be payable for the termination of any authorization or dealership under sub-section (1).   Delegation of powers by Government : — Government may, by notification in the official Gazette, direct that the power conferred on it by section 3 shall, under such conditions, if any, as may be specified in the notification, be exercised by an officer or authority so notified.   Bar of jurisdiction : — No court shall grant any injunction or make any order or entertain any proceedings in relation to anything done or intended to be done, in good faith, under this Ordinance.   Protection to persons acting in good faith : — No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Ordinance. Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

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THE FACTORIES (PUNJAB AMENDMENT) ACT, 1940

THE FACTORIES (PUNJAB AMENDMENT) ACT, 1940

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

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The Epidemic Diseases Act,1958

The Epidemic Diseases Act,1958

The Epidemic Diseases Act,1958 The Epidemic Diseases Act, 1958, is a vital piece of legislation in India that empowers the government to take necessary measures to prevent and control the spread of epidemic diseases. Enacted in 1958, this act provides a legal framework for the management and containment of infectious diseases to protect public health and safety. In this introduction, we will explore the historical context, key objectives, and legal significance of this act. (Act XXXVI OF 1958)   [5th May, 1958] An Act to consolidate the law relating to the prevention of the spread of dangerous epidemic diseases in the province of West Pakistan. Preamble: WHEREAS it is expedient to consolidate the law relating to the prevention of the spread of dangerous epidemic diseases in the province of West Pakistan: It is hereby enacted as follows: – Short title, extant and commencement. (1) This Act may be called the Epidemic Diseases Act, 1958. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. Power to take special measures and prescribe regulations as to dangerous epidemic disease. (1) When at any time the Provincial Government is satisfied that the Province or any part thereof is visited by, or threatened with an outbreak of any dangerous epidemic disease, the Provincial Government, if it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take e, or require or empower any person to take such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as it shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expense incurred (including compensation, if any) shall be defrayed (2) In particular and without prejudice to the generality of the foregoing provisions, the Provincial Government may take measures and prescribe regulations for the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease (3) The Provincial Government may, by general or special order, empower a Deputy Commissioner to exercise in relation to the district, all the powers under this section exercisable by the Provincial Government in relation to the Province, other than the power to determine in what manner and by whom any expenses incurred (including compensation if any) shall be detrayed (4) The Exercise of powers delegated by the Provincial Government shall be subject to such restrictions, limitations and conditions, if any as maybe specified by the Provincial Government and to she control of any to revision by the Provincial Government. Penalty. Any person disobeying any regulation or order made under this Act, shall be deemed to have committed an offence punishable under Section 188 or the Pakistan Penal Code Protection to persons acting under Act. No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act Repeal. The following enactments are hereby repealed. – a) The Epidemic Diseases Act 1897 (III of 1897) b) The Khirpur State Epidemic Diseases Act, 1941 (Khirpur IV of 1941); and c) The Epidemic Diseases (Punjab Amendment) Act 1944 (Pb III of 1944) Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

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THE Customs Act, 1969

THE Customs Act, 1969

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

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THE CO-OPERATIVE SOCIETIES ACT, 1925

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

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

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THE CONTROL OF NARCOTIC SUBSTANCES

THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997

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

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