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The Punjab Transfusion of Safe Blood (Amendment) Ordinance, 2001

The Punjab Transfusion of Safe Blood (Amendment) Ordinance, 2001

The Punjab Transfusion of Safe Blood (Amendment) Ordinance, 2001    The Punjab Transfusion of Safe Blood (Amendment) Ordinance, 2001, is a significant piece of legislation within the Punjab province of Pakistan that introduces amendments and modifications to the existing Punjab Transfusion of Safe Blood laws. This ordinance is designed to address specific changes and updates to regulations related to blood transfusion services, with a focus on ensuring the safety of donated blood and preventing the spread of bloodborne diseases. 2nd October, 2001 An Ordinance further to amend the Punjab Transfusion of Safe Blood Ordinance, 1999 Whereas it is expedient further to amend the Punjab Transfusion of Safe Blood Ordinance, 1999 (XXXVI of 1999) for the purposes hereinafter appearing; And whereas under Article 4 of the Provisional Constitution (Amendment Order No.9 of 1999 as amended by Chief Executive Order No.11 of 2000, the Governor of a Province may issue and promulgate an Ordinance; Now therefore in exercise of the aforesaid powers and all other powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:- Short title and commencement.- (1) The Ordinance may be called the Punjab Transfusion of Safe Blood (Amendment) Ordinance, 2001. (2)       It shall come into force at once. Amendment in section 6 of Ordinance XXXVI of 1999.- In the said Ordinance, in section 6- (i)        in clause (f) after semi colon, the word “and” shall be omitted; and (ii)       in clause (g) full stop at the end shall be substituted by semi colon and thereafter the word “and” shall be inserted and the following new clause (h) shall be added:- “(h). The authority may delegate any of its functions and powers to the District Safe Blood Transfusion Committee as it may deem appropriate under the Ordinance’. Amendment in section 8 of Ordinance XXXVI of 1999.- In the said Ordinance, in section 8 the words “Punjab Safe Blood Donation committee” shall be substituted by the words “District Safe Blood Transfusion Committee”. 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 PUNJAB SERVICE TRIBUNALS (Procedure) RULES, 1975

THE PUNJAB SERVICE TRIBUNALS (Procedure) RULES, 1975

THE PUNJAB SERVICE TRIBUNALS (Procedure) RULES, 1975   The Punjab Service Tribunals (Procedure) Rules, 1975, are a set of rules and regulations within the Punjab province of Pakistan that govern the procedures and processes related to the functioning of service tribunals. These rules are designed to ensure the fair and transparent resolution of disputes and grievances of government employees related to their service matters. In exercise of the powers conferred by Section 11 of the Punjab Service Tribunals Act 1974 (Punjab Act. IX of 1974). the Governor of the Punjab is pleased to make the following rules. namely:- 1. These rules may be called the Punjab Service Tribunals (Procedure) Rules 1975. 2. (1) In these rules unless there is anything repugnant in the subject or context- (a) ‘Act’ means the Punjab Services Tribunals Act, 1974 (IX of 1974); (b) ‘Chairman’ means the Chairman of a Tribunal; (c) ‘Member’ means of a Tribunal and includes the Chairman; and (d) ‘Registrar* means the Registrar of a Tribunal and includes any other person authorized by the Tribunal to perform the functions of the Registrar under these rules. (2) Words and expressions used but not denned in these rules shall have the same meaning as are assigned to them in the Act. 3. (1) The permanent seat of a Tribunal shall be at a place which the Government may by notification in the official Gazette appoint. (2) A Tribunal shall ordinarily hold its sittings as its permanent seat but it may hold its sittings at any other place within its jurisdiction if in its opinion the holding of sittings- at such other place will be convenient to the parties to the proceedings before it. 4. (1) A Tribunal shall ordinarily observe the same hours as are observed by the offices of the Government. (2) A Tribunal shall observe the holidays notified by the Government. 5. (1) An appeal to a Tribunal may be sent to the Registrar by registered post acknowledgement due or presented to him during office hours either by the appellant personally or through his advocate. (2) Appeals presented to or received by any Member shall be deemed to be properly presented or received under this rule. 6. Every memorandum of appeal shall- (a) be legibly, correctly and concisely written type-written or printed; (b) divided into paragraphs numbered consecutively each paragraph containing as nearly as may be a separate assertion or averment; (c) contain the full name, official designation and place of posting of each party ; (d) clearly set out the relief claimed; (e) be accompanied by- (i) a copy of the final order, whether original or appellate and any other order of the competent authority in respect of any of the terms and conditions of service of the appellant against which the appeal is preferred; and (ii) copies of rules, orders and other documents on which the appellant proposes to rely in support of his claim; (f) be signed or thumb-impressed by the appellant; and (g) be accompanied by three spare copies of the memorandum of appeal and as many other copies thereof duly signed or thumb impressed by the appellant and accompanied by the documents referred to in clause (e) as there are respondents. Provided that where a Tribunal is satisfied that it is not possible for an appellant to produce any document referred to in clause (e) it may waive the provision of the clause. 7. In every memorandum of appeal the competent authority against whose orders the appeal is preferred and any other party to the dispute shall be shown as respondents. 8. Where an appeal is presented after the period of limitation prescribed in the Act it shall be accompanied by a petition supported by an affidavit setting forth the cause of delay. 9. No court-fee shall be payable for preferring an appeal to or filing exhibiting or recording any document with a Tribunal. 10. (1) The Registrar shall scrutinize every memorandum of appeal received by him, and shall- (i) if it is drawn up in accordance with the provisions of rule 6 cause it to be registered in the register of appeals to be maintained in form appended to these rules and shall with the approval of the Chairman fix a date for its preliminary hearing before the Tribunal; and (ii) if it is not drawn up in accordance with the provisions of rule 6, return it to the appellant for amendment within a time to be specified in an order to be recorded by him on the memorandum of appeal which shall in no case be less than fourteen days pointing out the deficiency. (2) If the memorandum of appeal is not resubmitted within the period specified under clause (ii) of sub-rule (1) the appeal shall stand dismissed. 11. (1) A Tribunal may after hearing the appellant or his advocate dismiss the appeal in limine. (2) If the appeal is not dismissed in limine notices of admission of . appeal and of the day fixed for its hearing shall subject to the provisions of sub-rule (3) be served on the appellant the respondents and on such other persons as the Tribunal may deem proper. (3) The appellant shall within one week of the receipt of the notice of admission of his appeal or within such extended period as may be allowed by the Registrar, deposit with the Registrar- (a) cash security for costs in the sum of Rs. 100; and (b) cost of service of notice on the respondents. (4) If the appellant does not comply with the provisions of sub-rule (3) his appeal may be dismissed by the Tribunal. 12. (1) A notice under sub-rule (2) of rule 11 shall be in such form as may be laid down by a Tribunal and may be served by registered post or in any other manner including publication in one or more daily news-papers, as the Tribunal may direct; Provided that a notice shall not be issued for publication in a news-paper, until the

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Punjab Revenue Records Ordinance 1963 ,Legal Access to Revenue Documents ,Cost Recovery for Document Copies ,Public Records Transparency ,Financial Procedures Revenue Records ,Essential Revenue Records Punjab ,Legal Framework for Record Access ,Official Document Reproduction Costs

THE PUNJAB RECOVERY OF COST (COPIES OF ESSENTIAL REVENUE RECORDS) ORDINANCE, 1963

THE PUNJAB RECOVERY OF COST (COPIES OF ESSENTIAL REVENUE RECORDS) ORDINANCE, 1963                                  The Punjab Recovery of Cost (Copies of Essential Revenue Records) Ordinance, 1963, is a significant piece of legislation within the Punjab province of Pakistan that governs the recovery of costs associated with providing copies of essential revenue records to individuals or entities. This ordinance is designed to ensure transparency, efficiency, and accountability in the process of providing copies of vital revenue records to those who require them.             1.         Short title, extent and commencement.             2.         Definitions.             3.         Copies of essential revenue records to be prepared by the revenue staff.             4.         Essential revenue records to be made available to the public.             5.         Liability for payment of cost of copies and the rate thereof.             6.         Power to make rules.     THE PUNJAB RECOVERY OF COST (COPIES OF ESSENTIAL REVENUE RECORDS) ORDINANCE, 1963 (W.P. Ordinance XVI of 1963) 24th  May 1963 An Ordinance to provide for the recovery of cost incurred by Government in the preparation and supply of copies of essential revenue records to the Union Councils for public information in the province of the Punjab.   Preamble : —   WHEREAS it is expedient to provide for the recovery of cost incurred by Government in the preparation and supply of copies of essential revenue records to the Union Councils for public information, in the province of the Punjab, in the manner hereinafter appearing;   AND, WHEREAS the Provincial Assembly of West Pakistan is not in session and the Governor of West Pakistan is satisfied that circumstances exist which render immediate legislation necessary;   Now, THEREFORE, in exercise of the powers conferred on him by clause (1) of Article 79 of the Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance : —   Short title, extent and commencement : — (1) This Ordinance may be called the Punjab Recovery of Cost (Copies of Essential Revenue Records) Ordinance, 1963. (2)       It extends to the whole of the province of the Punjab. (3)       It shall come into force at once.   Definitions : — In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say : — (a)       “Board of Revenue” means the Board of Revenue constituted under the Punjab Board of Revenue Act, 1957 (West Pakistan Act XI of 1957); (b)       “Collector” means the chief officer-in-charge of the revenue administration of a district and includes a Deputy Commissioner and any other officer specially empowered by the Board of Revenue to perform the functions of a Collector; (c)       “essential revenue record” means Jamabandi, Khasra Girdawari, Fard Bachh, Village Map, Number Shumari-V.F.VI., Record of Rights-V.F. VII-A, Bill of Assessment and Deh Mad or such other revenue record as may be declared by the Board of Revenue to be essential revenue record for the purposes of this Ordinance; (d)       “estate” means any area : — (i)        for which a separate record of rights has been made; or (ii)       which has been separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for or redeemed; or (iii)      which the Board of Revenue may, by general rule or special order, declare to be an estate; (e)       “Government” means the Provincial Government of the Punjab; (f)        “land revenue” means the land revenue assessed under the provisions of any law regulating the assessment of land revenue for the time being in force; (g)       “prescribed” means prescribed by rules made under this Ordinance; (h)       “Union Council” means a Union Council established under the Basic Democracies Order, 1959 (P.O. No.18 of 1959).   Copies of essential revenue records to be prepared by the revenue staff : — As soon as may be, copies of the essential revenue records relating to an estate or part of an estate lying within the jurisdiction of a Union Council, shall in the prescribed manner, be prepared and supplied to the Union Councils.   Essential revenue records to be made available to the public : — The copies of essential revenue records received under section 3 shall be kept in the office of the Union Council and shall, at any time during the office hours, be made available to the public for inspection.   Liability for payment of cost of copies and the rate thereof : — (1) The cost incurred by Government in the preparation and supply of copies of essential revenue records relating to an estate or part thereof shall be recovered from the person liable to pay land revenue in proportion to the land revenue payable by each such person in respect of the estate or part thereof. (2)       The certificate of the Collector regarding the total amount of cost so recoverable shall be conclusive proof of such cost being due. (3)       The cost shall be recoverable as arrears of land revenue.   Power to make rules : — The Board of Revenue may make rules for carrying into effect the provisions of 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? 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THE PUNJAB PURE FOOD ORDINANCE, 1960

THE PUNJAB PURE FOOD ORDINANCE, 1960

THE PUNJAB PURE FOOD ORDINANCE, 1960    The Punjab Pure Food Ordinance, 1960, is a significant piece of legislation within the Punjab province of Pakistan that governs the regulation and control of food products to ensure their safety, quality, and adherence to prescribed standards. This ordinance is designed to protect the health and well-being of consumers by setting forth guidelines for the production, distribution, and sale of food items.                                       PART I PRELIMINARY             1.         Short title, extent and application.             2.         Definitions. PART II GENERAL PROVISIONS             3.         False warranty.             4.         Prohibition of mixing and selling mixed food.             5.         Prohibition of sale, preparation, manufacture, import or export of unwholesome food intended for human consumption.              6.        Prohibition of sale or manufacture for sale of food which is adulterated or misbranded or not of the nature, substance or quality demanded.             7.         Sale of prepacked food.             8.         Prohibition of sale of food without complying with rules.             9.         Sale of margarine, banaspati and charbi.             10.       Banaspati, margarine or charbi not to be sold loose.             11.       Licence for manufacture, storage and sale of goods.             12.       Register for manufacture and wholesale business.             13.       Food poisoning. PART III ANALYSIS OF FOOD             14.       Appointment of Public Analysts.             15.       Local Authorities to enforce the Ordinance.             16.       Appointment of Inspectors.             17.       General powers of Inspectors.             18.       Purchase of samples, etc.             19.       Right of private persons to have samples analysed.             20.       Methods of taking samples.             21.       Certificate of Analysis.             22.       Power of Government to have articles analysed. PART IV PENALTIES AND PROCEDURE             23.       Penalties.             23-A.   Power to try summarily.             24.       Presumption.             25.       Declaration under section 18 to be evidence.             26.       Certificate of Public Analyst to be evidence of fact therein stated.             27.       Analysis by Chief Chemical Examiner.             28.       What is or is not a good defence in a prosecution under the Ordinance.             29.       Forfeiture of food upon conviction.             30.       Expenses of analysis to be paid by offenders on conviction.              31.      Offences under the Ordinance not to be tried by a magistrate exercising lesser powers than magistrate of the first class.             32.       Complaint to be filed by whom. PART V MISCELLANEOUS             33.       Protection of action taken under the Ordinance.             34.       Inspector to be deemed public servant.             35.       Power of Government to appoint a public servant to exercise the functions of any Local Authority.             36.       Delegation.             37.       Power to make rules.             38.       Repeal and savings. SCHEDULE     THE PUNJAB PURE FOOD ORDINANCE, 1960 (W.P. Ordinance VII of 1960) 11th  March 1960 An Ordinance to consolidate and amend the law relating to the preparation and sale of foods in the province of the Punjab   Preamble : —   WHEREAS it is expedient to consolidate and amend the law relating to the preparation and sale of foods in the province of the Punjab;   Now, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor of West Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance : —     PART I PRELIMINARY Short title, extent and application : — (1) This Ordinance may be called the Punjab Pure Food Ordinance, 1960. (2)       It extends to the whole of the province of the Punjab, except the Tribal Areas. (3)       It shall come into operation in respect of such food or generally in respect of such areas as Government may by notification direct.   Definitions : — In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say : — (1)       “adulterated food” means an article of food : — (i)        which is not of the nature, substance or quality which it purports or is represented to be, or (ii)       which contains any such extraneous substance as may affect adversely the nature, substance or quality thereof, or (iii)      which is processed, mixed, coloured, powdered or coated with any other substance in contravention of the rules, or (iv)      any constituent of which has been wholly or in part abstracted so as to affect injuriously its nature, substance or quality, or (v)       which contains any poisonous or other ingredient which may render it injurious to health, or (vi)      the quality or purity of which does not conform to the prescribed standard, or (vii)     which having been prepared, packed or kept under insanitary conditions, has been contaminated or become injurious to health; (2)       “banaspati” means such article of food resembling ghee as is prepared by hydrogenation of edible vegetable oil and contains no milk or animal fat; (3)       “butter” means an article of food derived exclusively from the milk of cow or buffalo or from cream or dahi prepared from such milk, whether with or without salt or other prescribed preservative; (4)       “charbi” means an article of food which resembles ghee or banaspati, but contains animal fat other than milk fat; (5)       “Chemical Examiner” means : — (i)        the Chief Chemical Examiner to Government, and (ii)       any other officer appointed by Government to be the Chief Chemical Examiner for the purposes of this Ordinance; (6)       “cream” means the portion of the milk of cow or buffalo which is rich in fat and rises to the surface of milk on standing or which has been separated by skimming or otherwise; (7)       “dahi” means the product obtained by lactic acid fermentation of milk; (8)       “Director” means the Executive District Officer (Health); (9)       “food” means any article used as food or drink for human consumption other than drugs, and includes : — (i)        any substance which is intended for use in the composition or preparation of food; (ii)       any flavouring matter or condiment; (iii)      any colouring matter intended for use in food; (iv)     

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The Punjab Pure Food (Amendment) Ordinance, 2001

The Punjab Pure Food (Amendment) Ordinance, 2001

The Punjab Pure Food (Amendment) Ordinance, 2001   The Punjab Pure Food (Amendment) Ordinance, 2001, is a significant piece of legislation within the Punjab province of Pakistan that introduces amendments and modifications to the existing Punjab Pure Food laws. This ordinance is designed to address specific changes and updates to regulations related to food safety, quality, and standards in order to protect the health and well-being of consumers. An Ordinance further to amend the Punjab Pure Food Ordinance, 1960 (VII of 1960).   Whereas it is expedient further to amend the Punjab Pure Food Ordinance, 1960 (VII of 1960) for the purposes hereinafter appearing; And whereas under Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, as amended by the Chief Executive Order No. 11 of 2000, the Governor of a Province may issue and promulgate an Ordinance; Now, therefore, in exercise of the aforesaid powers and all other powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-   Short title and commencement.- (1) This Ordinance may be called the Punjab Pure Food (Amendment) Ordinance, 2001. (2)       It shall come into force at once.   Amendment in section 2 of Ordinance VII of 1960.- In the said Ordinance, in section 2- (i)        in sub-clauses (i) and (ii) of clause (5) the word “Chief” shall be inserted before the words “Chemical Examiner” wherever occurring; (ii)            in clause (8) the words and commas “Director, Health Services, of a Region” shall be substituted by the words and brackets “Executive District Officer (Health)”; (iii)      in clause (13) the words “District Health Officer or the Assistant District Health Officer” shall be substituted by the words and brackets “District Officer (Health) or Deputy District Officer (Health)”; and (iv)           clause (15) shall be substituted by the following:- “(15) “Local Authority” means- (i)        City District Government or Tehsil Municipal Administration or Town Municipal Administration constituted under the Punjab Local Government Ordinance, 2001; and (ii)       an authority declared by Government, by notification in the official Gazette to be a Local Authority for the purposes of this Ordinance;”   Amendment in section 16 of Ordinance VII of 1960.- In the said Ordinance, in sub-section (3) of section 16 the words “and any Assistant Director” shall be deleted.   Amendment in section 17 of Ordinance VII of 1960.- In the said Ordinance, in clause (a) of sub-section (7) of section 17 the words “or second” occurring before the word “class” shall be deleted.   Amendment in section 27 of Ordinance VII of 1960.- In the said Ordinance, in section 27 the word “Chief” shall be inserted before the words “Chemical Examiner” wherever occurring.   Amendment in section 35 of Ordinance VII of 1960.- In the said Ordinance, in section 35- (i)        in sub sections (1), (2), (3) and the proviso of sub section (4) the words “Deputy Commissioner” wherever occurring shall be substituted by the words and brackets “Executive District Officer (Health)”; and (ii)           in sub sections (3), (4) and its proviso the word “Commissioner” wherever occurring shall be substituted by the words “District Coordination Officer”.   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 Punjab Pre-Emption Act, 1991

THE Punjab Pre-Emption Act, 1991

THE Punjab Pre-Emption Act, 1991    The Punjab Pre-Emption Act, 1991, is a significant piece of legislation within the Punjab province of Pakistan that addresses the pre-emption rights of co-sharers or co-owners of agricultural land. This act is designed to regulate the transfer of agricultural land and provide co-sharers with the opportunity to purchase land before it is sold to outsiders, ensuring the preservation of co-ownership rights.   Preamble   1. Short title, extent and commencement   2. Definitions   3. Interpretation   4. Act to override other laws   5. Right of pre-emption   6. Persons to whom right of pre-emption vests   7. Priorities in right of pre-emption   8. Joint right of pre-emption how exercised   9. Method of distribution of property where more than one person are equally entitled   10. Withdrawal of claim   11. Sale of appurtenance of land   12. Right to revoke sale   13. Demand of pre-emption   14. Demand by guardian or agent   15. Waiver of right of pre-emption   16. Death of pre-emptor   17. Abatement of right of pre-emption   18. Exercise of right pre-emption by a Muslim and non-Muslim against each other   19. Right of pre-emption non-transferable and indivisible   20. Where pre-emptor and vendee equally entitled   21. Improvements made by vendee   22. Improvement made in status of vendee defendant after institution of suit   23. No right of pre-emption in respect of certain properties   24. Plaintiff to deposit sale price of property   25. Deposit or refund of excess price   26. Sum deposited by pre-emptor not to be attached   27. Determination of price   28. Market value how to be determined   29. Government may exclude areas from pre-emption   30. Limitation   31. Notice   32. Matters ancillary or akin to provisions of this Act   33. Application of Civil Procedure Code and Qanun-e-Shahadat Order   34. Repeal of Act of 1913   35. Saving   36. Rules   37. Repeal of Ordinance IX of 1991       THE PUNJAB PRE-EMPTION ACT, 1991   (IX OF 1991) 6th April, 1991   An Act to bring in conformity with the Injunctions of Islam the law relating to Pre-emption No. Legis. 2(5)/90/18, dated 6th April, 1991. The Punjab Pre-emption Bill, 1990, having been passed by the Provincial Assembly of the Punjab on the 21st day of March, 1991 and assented to by the Governor of the Punjab on the 31st day of March, 1991, is hereby published as an Act of the Provincial Assembly of the Punjab. Preamble. Whereas, it is expedient no re-enact the existing law relating to pre-emption, so as to bring it in conformity with the Injunctions of Islam as set out in the Holy Qur’an and Sunnah; It is hereby enacted as follows.   1. Short title extent and commencement. (1) This Act may be called the Punjab Preemption Act, 1991. (2)        It extends to the whole of the Punjab. (3)        It shall come into force at once.   2. Definitions. In this Act, unless there is anything repugnant in the subject or context. (a)        ‘Immovable property’ means immovable property situated in any area other than an urban area or within cantonment limits as declared by any law relating to Local Bodies or Cantonments, as the case may be, for the time being in force; (b)        ‘Pre-emptor’ means a person who has the right of pre-emption; (c)        ‘Right of pre-emption’ means a right to acquire by purchase an immovable property in preference to other persons by reason of such right; and (d)       ‘Sale’ means permanent transfer of the ownership of an immovable property in exchange for a valuable consideration and includes transfer of an immovable property by .way of ‘hiba-bil-iwaz’ or ‘hiba ba shart-ul-iwaz, but does not include- (i)         transfer of an immovable property through inheritance or will or gift, other than ‘ hiba-bil-iwaz’ or ‘hiba ba shart-ul-iwaz; (ii)        a sale in execution of a decree for money or of any order of a civil, criminal, revenue or any other*Court or a Revenue Officer or any local authority. (iii)       exchange of agricultural land; and (iv)       transfer of an immovable property for a consideration other than valuable consideration, such as the transfer of an immovable property by way of lower or composition in a murder or hurt case. Court Decisions Stages at which such right was available. Right of pre-emption was available at four different stages viz; at the time of sale of property in question; at the time of institution of suit; at the time of decree of suit; and at the time of execution of decree. Right of pre­emption being not available to plaintiff on two stages t.e./ at the time of sale of property and at the time of institution of suit, rejection of his plaint in suit for .pre-emption was un-exceptional.-P.L.J.2000 Lah. 909. Immovable property. Whether Section 2 is repugnant to Injunctions of Islam. Contention that a property can be exempted from pre-emption on basis of necessity, to avoid frivolous suits, therefore, exemption of urban areas should not have been declared repugnant to Injunctions of Islam. In Islamic law of pre-emption, there are only three categories of pre-emptors which cannot be increased. Moreover, suit for pre­emption cannot be filed unless plaintiff has made three kinds of Talbs within a few months. In view of these restrictions, frivolous suits cannot be filed if pre-emption law is applied to urban areas. Section 2of Act is repugnant to Injunction of Islam to extent that it excludes all urban properties and properties within Cantonment limits from application of Act.  P.L.J.1994 SC 221 = PLD 1994SC 1. Plea of defendants that land in question, being situated within Municipal Limits, was not covered by provision of S. 2of Punjab Pre-emption Act 1991 was not decided by Courts below – Case was thus, remanded to trial Court for decision of the suit on basis of assertions, in pleadings.  P.L.J. 2002 SC 145 Dismissal of pre-emption suit on

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THE PUNJAB MEDICAL AND HEALTH INSTITUTIONS ORDINANCE, 2002

THE PUNJAB MEDICAL AND HEALTH INSTITUTIONS ORDINANCE, 2002

THE PUNJAB MEDICAL AND HEALTH INSTITUTIONS ORDINANCE, 2002   The Punjab Medical and Health Institutions Ordinance, 2002, is a significant piece of legislation within the Punjab province of Pakistan that governs the establishment, administration, and regulation of medical and health institutions. This ordinance is designed to ensure the provision of quality healthcare services, the proper management of medical institutions, and the maintenance of standards within the healthcare sector. [19th January, 2002]   An ordinance to provide for the establishment of Medical and Health Institutions in the Punjab. Preamble.- Whereas it is expedient to establish and improve the Medical and Health Institutions and to give them an autonomous character in order to provide quality and affordable health care with special dispensation for the poor and vulnerable sections of the society and to enhance the quality of education in Health Sciences. Short title, extent and commencement.- (1) This Ordinance may be called the Punjab Medical and Health Institutions Ordinance, 2002. (2)       It extends to the whole 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 – i) “Government” means the Government of the Punjab; ii) “Medical Institution” means Medical College or Medical Institute alongwith the attached Hospital/Hospitals and Training Centre/Centres notified as such; and iii)       “Health Institution” means a Hospital with or without Training Centre/Centres. Establishment of the Institutions.- (1) This Government may by notification – a) ‘establish such Medical Institutions or Health Institutions as it may deem fit; or b) apply this Ordinance to any existing Medical Institution or Health Institution. (2)       The notified Medical Institution shall be a body corporate, having perpetual succession and common seal, with power to acquire, hold and dispose of property as prescribed and may, by its name, sue and be sued. Provided that the disposal of land shall be subject to the approval of Government. Objects.- The objects of the Institution shall be – a) to undertake all functions required for providing medical education and training and health facilities to the people; and b) to perform such other functions as are assigned to it by the Government. Administration of the Institutions.- (1) The administration and management of the affairs of a Medical Institution shall vest in the Board of Governors appointed by the Government in accordance with the provisions of this Ordinance. (2)       The administration and management of a Health Institution shall, subject to the directions of the Government, vest in such body or person as may be notified. Board of Governors.- (1) The Board of Governors of a Medical Institution shall be the principal governing body of the Institution, and shall consist of the Chairman, official and non official members. (2)       The Secretary Finance, Secretary Health and the Principal Executive Officer of the Institution shall be official members of the Board however, the Secretary Finance [1][1][and Secretary Health] may be represented by an officer not below the rank of Additional Secretary. The Principal Executive Officer also be the Secretary of the Board of Governors. (3)       There shall be five non-official members, from amongst educationists, eminent jurists, financial experts, philanthropists, management experts and distinguished retired Civil/Military officers. (4)       The procedure for selection, tenure and removal of non-official members shall be prescribed under the rules. (5)       The selection of non-official members shall be made from a panel of five individuals, for each vacancy, prepared by the Health Department and approved by the Governor of the Punjab, Preference shall be given to locals of the area in which the Institution is situated. (6)       The Chairman of the Board shall be elected by all the members of the Board of Governors, from amongst the non-official members at the first meeting. (7)       No act or proceeding of the Board of Governors shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Board of Governors. (8)       Any non-official member of the Board may by a notice in writing under his hand, addressed to the Chairman, resign his office. (9)       The Governor of the Punjab perform functions of the Board of Governors till such time the Board of Governors becomes functional. Principal Executive Officer.- (1) The Board of Governors shall appoint a whole time Principal Executive Officer of the Medical Institution possessing such qualifications and on such terms and conditions, notwithstanding anything contained in any law, as the Board may determine. He shall also hold the office of the Dean. (2)       The Principal Executive Officer of the Institution shall exercise such powers and perform such functions as may be prescribed. Appointment of Officers and Employees.- (1) The Government/ Board of Governors may appoint such persons in the service of the Institution as may be necessary on such terms and conditions, notwithstanding anything contained in any law, as it may determine. (2)       The services of the existing employees of the Institutions shall be transferred to the Institution on terms and conditions, which shall not be less favourable than those admissible to them immediately before their transfer to the Institution. (3)       The employees transferred under sub-section (2) shall continue to be the employees of the Government, liable to be transferred to the Government by the Institution, unless absorbed in the service of the Institution in such manner as may be prescribed. Committees.- The Board of Governors may constitute such committees as it may deem necessary for giving effect to the provisions of this Ordinance. Delegation of Powers.- The Board of Governors may delegate to any person or a committee any of its powers, duties or functions. Fund.- (1) There shall be a fund, to be known by the name of the Institution, which shall vest in the Institution and to which shall be credited all sums received by the Institution. (2)       The fund shall be kept in such custody and shall be utilized and regulated in such manner as may be prescribed. Budget, Audit and Accounts.- (1) The budget of a Medical Institution shall be approved

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THE PUNJAB LAND REVENUE (AMENDMENT) ORDINANCE, 2001

THE PUNJAB LAND REVENUE (AMENDMENT) ORDINANCE, 2001

THE  PUNJAB LAND REVENUE (AMENDMENT) ORDINANCE, 2001   The Punjab Land Revenue (Amendment) Ordinance, 2001, is a legislative instrument within the Punjab province of Pakistan that introduces amendments and modifications to the existing Punjab Land Revenue laws. This ordinance is designed to address specific changes and updates to land revenue regulations to adapt to evolving needs, streamline processes, and enhance the administration of land revenue.   (Pb Ord LV of 2001)   [21st December, 2001]   An Ordinance further to amend the Punjab Land Revenue Act, 1967.   Whereas it is expedient further to amend the Punjab Land Revenue (Amendment) Ordinance, 1967 (XVII of 1967) in the manner hereinafter appearing; And Whereas the Provincial Assembly of the Punjab is dissolved and the Governor of the Punjab is satisfied that circumstances exist which render it necessary to take immediate action; And whereas under Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, as amended by the Chief Executive Order No. 11 of 2000, the Governor of a Province may issue and promulgate an Ordinance; Now, therefore, in exercise of the aforesaid powers and all other powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:   Short title and commencement.- (1) This Ordinance may be called the Punjab Land Revenue (Amendment) Ordinance, 2001. (2)                       It shall be deemed to have come into force on and from the 14th day of August, 2001.   Amendment in sections 7,13,14,16,60,63,69,84,89,92,101 to 104,107,108,123 and 161 to 164 of Act XVII of 1967.- In sections 7,13,14,16,60,63,69,84,89,92,101 to 104,107,108,123 and 161 to 164 of the said Act the word ‘‘Commissioner’‘ wherever occurring shall be substituted by the words and brackets ‘‘Executive District Officer (Revenue)’‘.   Amendment in sections 13,14,16,161,163 and 164 of Act XVII of 1967.- In sections 13,14,16,161,163 and 164 the word ‘‘a’‘ wherever occurring before the word ‘‘Commissioner’‘ shall be substituted by the word ‘‘an’‘.   Amendment in Chapter II of Act XVII of 1967.- In the heading of Chapter II of the said Act the words ‘‘Divisions And’‘ shall be omitted.   Amendment in section 5 of Act XVII of 1967.- In section 5 of the said Act, the word ‘‘Divisions’‘ wherever occurring shall be substituted by the word ‘‘Districts’‘.   Substitution of section 6 of Act XVII of 1967.- Section 6 of the said Act shall be substituted by the following: ‘‘6.      Districts to be divided into Tehsils.- (1) Each District shall be divided into such Tehsils having such limits, as Government may, by notification, direct. (2)       Government may, by notification, vary the number and limits of Districts or Tehsils in the Province.’‘   Amendment in section 7 of Act XVII of 1967.- In sub-section (2) of section 7 of the said Act the words ‘‘Deputy Commissioner’‘ shall be substituted by the words and brackets ‘‘District Officer (Revenue)’‘.   Substitution of section 8 of Act XVII of 1967.- Section 8 of the said Act, shall be substituted by the following: ‘‘8.      Appointment of Collectors.- For each District there shall be a Collector who shall be appointed by Government, and who shall exercise throughout the District, all the powers, and discharge all the duties, of the Collector under this Act.’‘   Substitution of section 9 of Act XVII of 1967.- Section 9 of the said Act shall be substituted by the following:- ‘‘9.      Additional Collectors.- Government may appoint in any District an Additional Collector, who shall exercise throughout the District concerned all or any of the powers and discharge all or any of the duties conferred or imposed on a Collector by or under this Act, subject to the general supervision and control of the Collector of the District.’‘   Amendment in section 10 of Act XVII of 1967.- Sub section (2) of section 10 of the said Act shall be substituted by the following: ‘‘(2)    Government may confer on Deputy District Officer (Revenue) of a Tehsil all or any of the powers of the Collector under sub section (1) of section 16’‘.   Substitution of section 11 of Act XVII of 1967.- Section 11 of the said Act shall be substituted by the following: ‘‘11.    Tehsildars.- The Tehsildar entrusted with the local revenue administration of a Tehsil, under the control and supervision of Deputy District Officer (Revenue) of that Tehsil, shall exercise such powers and discharge such duties of an Assistant Collector as may be expressly conferred or imposed on him by or under this Act.’‘   Amendment in section 13 of Act XVII of 1967.- In section 13 of the said Act- (i)        in sub-section (3) for the word ‘‘Division’‘ the word ‘‘District’‘ shall be substituted; and (ii)       sub-section (4) shall be substituted by the following: ‘‘(4)    Subject as aforesaid and to the control of the Executive District Officer (Revenue), a District Officer (Revenue) shall control all other Revenue Officers in his District.’‘   Amendment in section 42 of Act XVII of 1967.- In section 42 of the said Act.- (i)        in sub sections (1) clause (c) and (11) the words and comma ‘‘Union Committee, Town Committee or Union Council’‘ shall be substituted by the words ‘‘office of the Union Administration’‘; (ii)       in sub section (5) the words and comma ‘‘Chairman of the Union Committee, Town Committee or Union Council’‘ shall be substituted by the words ‘‘Union Nazim of the Union’‘; and (iii)      in sub section (7) the words and comma ‘‘Union Committee, Town Committee’‘ shall be substituted by the words and comma ‘‘Zila Council, Tehsil Council or Town Council’‘.   Amendment in section 94 of Act XVII of 1967.- In sub-section (3) of section 94 of the said Act the words and comma ‘‘Union Committee, Town Committee or Union Council’‘ shall be substituted by the words ‘‘Union Administration’‘. 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

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THE PUNJAB LAND REVENUE (ABOLITION) ACT 1998

THE PUNJAB LAND REVENUE (ABOLITION) ACT 1998

THE PUNJAB LAND REVENUE (ABOLITION) ACT 1998   The Punjab Land Revenue (Abolition) Act, 1998, is a significant piece of legislation within the Punjab province of Pakistan that addresses the abolition of land revenue in certain areas. This act is designed to simplify land revenue laws, provide relief to landowners, and promote agricultural development by eliminating or reducing land revenue liabilities in specific regions.   SECTIONS                       CONTENTS             1.         Short title, extent and commencement..             2.         Abolition of land revenue.             3.         Saving.     THE PUNJAB LAND REVENUE (ABOLITION) ACT 1998 (Pb. Act II of 1998) 24th  February 1998 An Act to abolish land revenue in the Province of the Punjab   Preamble : —   Whereas it is expedient to abolish land revenue in the Province of the Punjab;             It is hereby enacted as follows : —   Short title, extent and commencement : — (1) This Act may be called Punjab Land Revenue (Abolition) Act 1998. (2)       It extends to the whole of the Province of the Punjab. (3)       It shall come into force at once and shall be deemed to have taken effect on and from the date the Punjab Land Revenue (Abolition) Ordinance, 1997 (XXXI of 1997) stands repealed under Article 128 of the constitution of Islamic Republic of Pakistan.   Abolition of land revenue : — Notwithstanding anything to the contrary contained in the Punjab Land Revenue Act, 1967 (XVII of 1967) or any other law for the time being in force, no land revenue, as defined in the Punjab Land Revenue Act, 1967 (XVII of 1967), shall be charged as from Rabi 1996-97 and where the same has already been assessed for the said harvest, it shall not be recovered.   Saving : — Nothing contained in this Act shall be construed to affect the liability of any person to pay the land revenue which had become due before Rabi 1996-97 or the assessment, charge and collection of the land revenue for the period before Rabi 1996-97 which shall continue to be done under the provisions of the Punjab Land Revenue Act, 1967 (XVII of 1967). 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 PUNJAB FOODSTUFFS (CONTROL) ACT, 1958

THE PUNJAB FOODSTUFFS (CONTROL) ACT, 1958

THE PUNJAB FOODSTUFFS (CONTROL) ACT, 1958   The Punjab Foodstuffs (Control) Act, 1958, is a significant piece of legislation within the Punjab province of Pakistan that grants the government authority to regulate and control the production, distribution, storage, and sale of foodstuffs. This act is designed to ensure the availability of essential food items to the public at fair prices, maintain quality standards, and prevent hoarding, black marketing, and other practices that could lead to shortages or unfair pricing.   SECTIONS                 CONTENTS             1.         Short title, extent and commencement.             2.         Definitions.             3.         Powers to control supply, distribution, etc., of foodstuffs.             4.         Delegation of powers.             5.         Effect of orders inconsistent with other enactments.             6.         Penalties.             7.         Attempts and abetments.             8.         Offences by corporation.             9.         False statements.             9-A.     Trials by Tribunal.             9-B.     Constitution of Tribunals.             9-C.     Powers of Tribunals.             9-D.     Appeal.             9-E.     Transfer of cases.             10.       Offences and Procedure.             11.       Bar of jurisdiction and reference to arbitration.             11-A.   Presumption as to orders.             12.       Burden of proof in certain cases.             13.       Protection of action taken under the Act.             14.       Repeal.     THE PUNJAB FOODSTUFFS (CONTROL) ACT, 1958 (W. P. Act XX of 1958) 23th   April 1958 An Act to provide for the continuance of powers to control the supply and distribution of, and trade and commerce in, foodstuffs   Preamble : —   WHEREAS it is expedient in the public interest to provide for the continuance of powers to control the supply, distribution and movement of, and trade and commerce in, foodstuffs in the Punjab;   It is hereby enacted as follows : —   Short title, extent and commencement : — (1) This Act may be called the Punjab Foodstuffs (Control ) Act, 1958. (2)       It extends to the whole of the Punjab except the Tribal Areas. (3)       It shall come into force at once.   Definitions : — In this Act, unless there is anything repugnant in the subject or context : — (a)       “foodstuff” means any of the following classes of commodities : — (i)        wheat, wheat atta, maida, rawa and suji; (ii)       rice and paddy; (iii)      sugar; and (iv)      such other commodity or class of commodities as may be declared and notified by the Government to be foodstuffs for the purposes of this Act; (b)       “Government” means Provincial Government of the Punjab; and (c)       “notified order” means an order notified in the official Gazette.   Powers to control supply, distribution, etc., of foodstuffs : — (1)The Government, so far as it appears to it to be necessary or expedient for maintaining supplies of any foodstuff or for securing its equitable distribution and availability at fair prices, may, by notified order, provide for regulating or prohibiting the keeping, storage, movement, transport, supply distribution, disposal, acquisition, use or consumption thereof and trade and commerce therein. (2)       Without prejudice to the generality of the powers conferred by sub-section (1) an order made thereunder may provide : — (a)       for regulating by licences, permits or otherwise the manufacture of any article of food from any foodstuffs; (b)       for controlling the prices at which any foodstuffs may be bought or sold; (c)       for regulating by licences, permits or otherwise, the storage, transport, distribution, disposal, acquisition, use or consumption of any foodstuff; (d)       for prohibiting the withholding from sale of any foodstuff ordinarily kept for sale; (e)       for requiring any person holding stock of any foodstuff to sell the whole or a specified part of the stock to such persons or class of persons or in such circumstances as may be specified in the order; (f)        for regulating or prohibiting any class of commercial or financial transactions relating to any foodstuff which, in the opinion of the authority making the order is, or is likely to be, detrimental to public interest;   (ff)      for levying fees or charges to meet the expenses incurred by Government on the administration of this Act; (g)       for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (h)       for requiring persons engaged in the supply or distribution of, or trade or commerce in, any foodstuffs, to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; and (i)        for any incidental and supplementary matters including, in particular, the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorised to make such search of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed, or any records connected therewith, the grant or issue of licences, permits or other documents, and the charging of fees therefor.   Delegation of powers : — The Government may, by notified order, direct that the power to make orders under section 3 shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by an officer or authority subordinate to the Government.   Effect of orders inconsistent with other enactments : — Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment, other than this Act, or any instrument having effect by virtue of any enactment, other than this Act.   Penalties : — (1) If any person contravenes any order made under section 3, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both and, if the order so provides, any [1][9][Court or Tribunal] trying such contravention shall direct that any property in respect of which the Court or Tribunal is satisfied that the order has been contravened shall be forfeited to the Government, unless for reasons to be recorded in writing, it is of

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