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THE PROVIDENT FUNDS ACT, 1925

THE PROVIDENT FUNDS ACT, 1925

THE PROVIDENT FUNDS ACT, 1925   The Provident Funds Act, 1925, is a crucial piece of legislation in Pakistan that governs the establishment and operation of provident funds for the benefit of employees. This act ensures that employees receive financial security and retirement benefits by mandating employers to contribute to provident funds. It plays a pivotal role in promoting long-term savings and financial stability for workers. 27th AUGUST. 1925 An Act to amend and consolidate the law relating to Government and other Provident Funds. WHEREAS it is expedient to amend and consolidate the law relating to Government and other Provident Funds ;   It is hereby enacted as follows : —   Short title extent and commencement. — (l) This Act may be called the Provident Funds Act, 1925. (2) It extends to the whole of Pakistan. (3) It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint.   Definitions. In this Act, unless there is anything repugnant in the subject or context, — (a) ” compulsory deposit” means a subscription to, or deposit in, a Provident Fund which, under the rules of the Fund, is not, until the happening of some specified contingency, repayable on demand otherwise than for the purpose of  Payment of Premia in respect of a policy of life insurance or the payment of subscriptions or premia in respect of a family pension fund , and includes any contribution 6   and any interest or increment which has accrued under the rules of the Fund on any such subscrip­tion, deposit or contribution, and also any such subs­cription deposit, contribution, interest or increment remaining to the credit of the subscriber or depositor after the happening of any such contingency ; (b) ” contribution” means any amount credited in a Provident Fund, by any authority administering the Fund , by way of addition to, a subscription to, or deposit or balance ; t the credit of an individual account in,  the Fund ; and ” contributory Provident Fund ” means a Provident Fund the rules of which provide for the crediting of contributions ; (e) ” dependant ” means any of the following relatives of a deceased subscriber to, or a depositor in, a Provident Fund, namely, a wife, husband, parent, child, minor brother, unmarried sister and a deceased sons widow and child, and, where no parent of the subscriber or depositor is alive, a paternal grand-parent; (d)  Government Provident Fund ” means a Provident Fund, other than a Railway Provident Fund, con­stituted by the authority of the Secretary of State, the Federal Government, the Crown Representative or any Provincial Government  for any class or classes of  persons in the service of the State or of persons employed in educational institutions or em­ployed by bodies existing solely for educational purposes, and references in this Act to the Go­vernment shall be construed accordingly ; (e) ” Provident Fund ” means a fund in which subscrip­tions or deposits of any class or classes of employees are received and held on their individual accounts, and includes any contributions and any interest or increment accruing on such subscriptions, deposits or contributions under the rules of the Fund ; (f) ” Railway administration ” means — (i) any company administering a railway or tramway in Pakistan under a Pakistan law, or under contract with the Government, or (ii) the manager of any railway administered by the Federal Government or the manager of any tram­way administered by a Provincial Government; and. (g) ” Railway Provident Fund”  means a  Provident Fund constituted by the authority of a railway ad­ministration for any clash or classes of its employees.   Protection of compulsory deposits. — (1) A compulsory deposit in any Government or Railway Provident Fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Civil, Revenue or Criminal Court in respect of any debt or liability incurred by the subscriber or depositor, and neither the Official Assignee nor any receiver appointed under the Provincial Insolvency Act, 1920, shall be entitled to, or have any claim on, any such compulsory deposit. (2) Any sum standing to the credit of any subscriber to, or depositor in, any such Fund at the, time of his decease and payable under the rules of the Fund to any dependant of the subscriber or depositor, or to such person as may be authorised by law to receive payment on his behalf shall, subject to any deduction authorised by this Act and, save where the dependant is the widow or child of the subscriber or depositor, subject also to the rights of an assignee under an assignment made before the commencement of this Act, vest in the dependant, and shall, subject as aforesaid, be free from any debt or other liability incurred by the deceased or incurred by the dependant before the death of the subscriber or depositor.   Provisions regarding repayments. — (1) When under the rules of any Government or Rail­way Provident Fund the sum landing to the credit of any sub­scriber or depositor, or the balance thereof after the making of any deduction authorised by this Act, his become payable, the officer whose duty it is to make he payment shall pay the sum or balance, as the case may he. to the subscriber or depositor, or, if he is dead, .ball — (a) if the sum or balance, or any part thereof, vests in a dependant. under the provisions of section 3, pay the same to the dependant or to such person as may be authorised by law to receive payment on his behalf; or (b) if the whole sum or balances the case may be, does not exceed five thousand rupees, pay the same, or any part there of, which is not payable under clause (a), to any person nominated to receive it under the rules of the Fund, or, if

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The Protection of Breast-feeding and Child Nutrition Ordinance, 2002

The Protection of Breast-feeding and Child Nutrition Ordinance, 2002

The Protection of Breast-feeding and Child Nutrition Ordinance, 2002   XCIII OF 2002 The Protection of Breast-feeding and Child Nutrition Ordinance, 2002, is a significant legal framework in Pakistan dedicated to safeguarding the health and nutrition of infants and young children. This ordinance places a strong emphasis on promoting and protecting breastfeeding as the optimal method of feeding infants, ensuring that every child in the country has access to proper nutrition during the critical early stages of development. 26th  October, 2002 AN ORDINANCE To provide for protection of breast-feeding and nutrition for infants and young children   The following Ordinance promulgated by the President is hereby published for general information:-   WHEREAS it is expedient to ensure safe and adequate nutrition for infants and young children by promoting and protecting breast-feeding, and by regulating the marketing and promotion of designated products including breast milk substitutes, and of feeding bottles, valves for feeding bottles, nipple shields, teats and pacifier and to provide for matters connected therewith or ancillary thereto; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:-     CHAPTER I INTRODUCTORY Short title, extent and commencement.- (1) This Ordinance may be called the Protection of Breast-feeding and Child Nutrition Ordinance, 2002. (2) It extends to the whole of Pakistan. (3) It shall come into force at once.   Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context, (a) “infant” means a child up to the age of twelve months; (b) “young child” means a child from the age of twelve months up to the age of two years; (c) “advertise” or “advertising” means to make any representation by any means whatsoever for the purpose of promoting sale or use of a designated product; (d) “Board” means the National Infant Feeding Board constituted under section 3; (e) “container” means any form of packaging of a designated product for sale as a retail unit; (f) “designated product” means- Any milk manufactured, marketed and promoted for the use of an infant or otherwise represented as a partial or total replacement for mother’s milk, whether or not it is suitable for such replacement; ii. Any products manufactured, marketed, promoted or otherwise represented as a complement to mother’s milk to meet the growing nutritional needs of an infant: iii. Any feeding bottle, teat, valve for feeding bottle, pacifier or nipple shield; and iv. Such other product as the Federal Government may, by notification in the official Gazette, declare to be a designated product for the purposes of this Ordinance; (g) “complementary food” means any food suitable as an addition to breast milk or to a breast milk substitute when either becomes insufficient to satisfy the nutritional requirements of an infant, also commonly called “weaning food” or “breast milk and young child supplement”; (h) “infant-formula” means an animal or vegetable based milk product manufactured in accordance with the standards recommended by the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children to approximate the normal nutritional requirements of an infant up to the age of six months; (i) “feeding bottle” means any bottle or receptacle marketed for the purpose of feeding an infant or a young child; (j) “nipple shield” means an appliance with a teat for a baby to suck from the breast; (k) “pacifier” means an artificial teat for babies to suck, also called “dummy”; (l) “follow-up formula” means an animal or vegetable based milk product marketed for infants older than six months or young child and formulated industrially in accordance, with the standards of the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children; (m) “distributor” means any person engaged in the business of marketing, whether wholesale or retail, and includes a person providing product public relations and information services; (n) “health care facility” means a Government, non-Government, semi-Government or private institution or organization, or private medical practitioner engaged, directly or indirectly, in the provision of health care to infants, young children, pregnant women or mothers, and includes a day-care center, nursery and any other child-care institution; (o) “health professional” means a medical practitioner, nurse, nutritionist or such other persons as the Federal Government may, by notification in the official Gazette, specify; (p) “health worker” means any person providing services to infants, young children, pregnant women or mothers as a medical practitioner, and includes a health professional, homeopath practitioner, hakim, nurse, midwife, traditional birth attendant, pharmacist, dispensing chemist, nutritionist, hospital administrator or employee, whether professional or not, whether paid or not, and any other person providing such services as the Federal Government may, by notification in the official Gazette, specify; (q) “Inspector” means any person designated as Inspector under section 12; (r) “label” means any tag, mark, pictorial or other descriptive matter which is written, printed, stencilled, marked, embossed, attached or otherwise appearing on a container; (s) “manufacturer” means a person, corporation or other entity engaged or involved in the business of producing, processing, compounding, formulating, filling, packing, repacking, altering, ornamenting, finishing and labeling a designated product, whether directly, through an agent, or through a person controlled by or under an agreement; (t) “market” means any method of introducing or selling a designated product, and includes, but not limited to, promotion, distribution, advertising, distribution of samples, product public relations and product information services; (u) “person” means any individual, partnership, association, unincorporated organization, company, co-operative, corporation, trustee, agent or any group of persons; (v) ” prescribed” means prescribed by rules; (w) “promote” or “promotion” means any method of introducing a person

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THE PRISONERS ACT, 1900

THE PRISONERS ACT, 1900 (Punjab Act III of 1900)

THE PRISONERS ACT, 1900 (Punjab Act III of 1900)   The Prisoners Act, 1900, specifically Punjab Act III of 1900, is a significant piece of legislation governing the treatment, rights, and management of prisoners within the Punjab province of Pakistan. This act outlines the legal framework for the confinement, care, and rehabilitation of individuals in correctional facilities, with a strong emphasis on ensuring humane treatment and due process. It plays a vital role in upholding the rights and dignity of prisoners while also addressing the various aspects of their incarceration. C O N T E N T S PART — I PRELIMINARY Sections Short title and extent. Definitions. PART II GENERAL Officers incharge of prisons to detain persons duly committed to their custody. Officers incharge of prisons to return writs, etc., after execution or discharge. PART III [PRISONER IN THE PRESIDENCY-TOWNS] [Omitted] PART IV EXECUTION OF SENTENCES References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools. Power for officers incharge of prisons to give effect to sentences of certain Courts. Warrant of officer of such Court to be sufficient authority. Procedure where officer incharge of prison doubts the legality of warrant sent to him for execution under this Part. Execution in the Provinces, etc., of certain capital sentences not ordinarily executable there.   PART V [PERSONS UNDER SENTENCE OF PENAL SERVITUDE] [Omitted] PART VI REMOVAL OF PRISONERS References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools. Removal of prisoners. Lunatic prisoners how to be dealt with. [Repealed] PART VII PERSONS UNDER SENTENCE OF TRANSPORTATION Appointment of places for confinement of persons under sentence of transportation and removal thereto. PART VIII DISCHARGE OF PRISONERS Release, on recognizance, by order of High Court, of prisoner recommended for pardon. PART IX PROVISIONS FOR REQUIRING THE ATTENDANCE OF PRISONERS AND OBTAINING THEIR EVIDENCE Attendance of prisoners in court References in this Part to prisons, etc. to be construed as referring also to Reformatory Schools. Power for Civil Court to require appearance of prisoner to give evidence. District Judge in certain cases to countersign orders made under section 35. Power for certain Criminal Courts to require attendance of prisoner to give evidence or answer to charge. Order to be transmitted through Magistrate of the district or sub-division in which person is confined. Procedure where removal is desired of person confined more than one hundred miles from place where evidence is required. Persons confined beyond limits of appellate jurisdiction of High Court. Prisoner to be brought up. Power to Government to exempt certain prisoners from operation of this Part. Officer incharge of prison when to abstain from carrying out order. Commissions for examination of prisoners Commissions for examination of prisoners. Commissions for examination of prisoners beyond limits of appellate jurisdiction of High Court. Commission how to be directed. Service of process on prisoners Process how served on prisoners. Process served to be transmitted at prisoner’s request. Miscellaneous [Repealed] Deposit of costs. Power to make rules under this Part. Power to declare who shall be deemed officer incharge of prison. [Repealed] THE FIRST SCHEDULE THE SECOND SCHEDULE THE THIRD SCHEDULE [Repealed]   THE PRISONERS ACT, 1900 (Act III of 1900) [2 February 1900] An Act to consolidate the law relating to prisoners confined by order of a Court WHEREAS it is expedient to consolidate the law relating to prisoners confined by order of a Court; It is hereby enacted as follows:- PART I PRELIMINARY Short title and extent.— (1) This Act may be called the Prisoners Act, 1900; [(2)  It extends to the whole of Pakistan]. [(3) * * * * * * * * * * * *] Definitions.— In this Act, unless there is anything repugnant in the subject or context,— (a)   “Court” includes a Coroner and any officer lawfully exercising civil, criminal or revenue jurisdiction; and (b)  “prison” includes any place which has been declared by the [Provincial Government], by general or special order, to be a subsidiary jail. PART II GENERAL Officers incharge of prisons to detain persons duly committed to their custody.— The officer incharge of a prison shall receive and detain all persons duly committed to his custody, under this Act or otherwise, by any Court, according to the exigency of any writ, warrant or order by which such person has been committed, or until such person is discharged or removed in due course of law. Officers incharge of prisons to return writs, etc., after execution or discharge.— The officer incharge of a prison shall forthwith, after the execution of every such writ, order or warrant as aforesaid other than a warrant of commitment for trial, or after the discharge of the person committed thereby, return such writ, order or warrant to the Court by which the same was issued or made, together with a certificate, endorsed thereon and signed by him, showing how the same has been executed, or why the person committed thereby has been discharged from custody before the execution thereof. PART III [PRISONERS IN THE PRESIDENCY-TOWNS]. Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule. PART IV [EXECUTION OF SENTENCES] References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools.— In this Part all references to prisons or to imprisonment or confinement shall be construed as referring also to Reformatory Schools or to detention therein. Power for officers incharge of prisons to give effect to sentences of certain Courts.— (1) Officers in charge of prisons [* * *] may give effect to any sentence or order or warrant for the detention of any person passed or issued— (a)   by any court or tribunal acting, whether within or without [the Provinces [* * *], under the general or special authority of [the [Federal Government], or of any Provincial Government, or of the Government of Burma] [or of any Court or tribunal which was before the twenty-third day of March, 1956, acting

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THE PREVENTION OF CORRUPTION ACT, 1947

THE PREVENTION OF CORRUPTION ACT, 1947

THE PREVENTION OF CORRUPTION ACT, 1947   An Act for the more effective prevention of bribery and corruption.     WHEREAS it is expedient to make more effective provision for the prevention of bribery and corruption; It is hereby enacted as follows:-                         Short title and extent   1. (1) This Act may be called the Prevention of Corruption Act, 1947. (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh and persons in the service of 2[ the Republic] wherever they may be.                           Interpretation   2. For the purposes of this Act, “public servant” means a public servant as defined in section 21 of the Penal Code and includes an employee of any corporation or other body or organisation set by the Government and includes a Chairman, Vice-Chairman, Member, Officer or other employee of a local 3[ authority], or a Chairman, Director, Managing Director, Trustee, Member, Officer or other employee of any corporation, or other body or organisation constituted or established under any law.                           Offences under sections 161 and 165 of the Penal Code to be cognizable offences   3. An offence punishable under section 161, 162, 163, 164, 165 or 165-A of the Penal Code shall be deemed to be a cognizable offence for the purposes of the Code of Criminal Procedure, 1898, notwithstanding anything to the contrary contained therein.                           Presumption where public servant accepts gratification other than legal remuneration   4. (1) Where in any trial of an offence punishable under section 161 or section 165 of the Penal Code, it is proved that an accused person has accepted or obtained, or has agreed to accept or attempted to obtain, for himself or for any other person, any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed unless the contrary is proved that he accepted or obtained, or agreed to accept or attempted to obtain, that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in the said section 161, or, as the case may be, without consideration or for a consideration which he knows to be inadequate. (2) Where in any trial of an offence punishable under section 165A of the Penal Code it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by any accused person, it shall be presumed, unless the contrary is proved, that he gave or offered to give or attempted to give that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 161 of the said Code, or, as the case may be, without consideration or for a consideration which he knew to be inadequate. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Court may decline to draw the presumption referred to in either of the said sub-sections if the gratification or thing aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.                           Criminal misconduct   5. (1) A public servant is said to commit the offence of criminal misconduct- (a) if he accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification (other than legal remuneration) as a motive or reward such as is mentioned in section 161 of the Penal Code, or (b) if he accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person any valuable thing without consideration or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, or (c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do, or (d) if he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains or attempts to obtain for himself or for any other person any valuable thing or pecuniary advantage, or (e) if he, or any of his dependents, is in possession, for which the public servant cannot reasonably account, of pecuniary resources or of property disproportionate to his known sources of income. Explanation.- In this clause “dependent” in relation to a public servant, means his wife, children and step-children, parents, sisters and minor brothers residing with and wholly dependent on him. (2) Any public servant who commits or attempts to commit criminal misconduct shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or 4[ with both, and the pecuniary resources or property to which the criminal misconduct relates may also be confiscated to the State]. (3) In any trial of an offence punishable under sub-section (2) the fact that the accused person or any other person on his behalf is in possession, for which the accused person cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income may be proved, and on such proof the Court shall presume, unless

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THE PUNJAB PRE-EMPTION ACT 1991 (Pb. Act IX of 1991)

THE PUNJAB PRE-EMPTION ACT 1991 (Pb. Act IX of 1991)

THE PUNJAB PRE-EMPTION ACT 1991 (Pb. Act IX of 1991)   The Punjab Pre-emption Act, 1991, holds a pivotal role in regulating land transactions in the Punjab province of Pakistan. This act provides a legal mechanism for preempting or purchasing certain properties before they are sold to someone else. Its primary objective is to maintain the social fabric of rural communities by preventing the fragmentation of agricultural land and ensuring that it remains with the existing landowners or co-sharers. The Punjab Pre-emption Act, 1991, serves as a significant legal framework for property transactions in the province. C O N T E N T S Sections Short title, extent and commencement. Definitions. Interpretation. Act to override other laws. Right of pre-emption. Persons in whom the right of pre-emption vests. Priorities in the right of pre-emption. Joint right of pre-emption how exercised. Method of distribution of the property where more than one persons are equally entitled. Withdrawal of claim. Sale of appurtenances of land. Right to revoke sale. Demand of pre-emption. Demand by guardian or agent. Waiver of the right of pre-emption. Death of pre-emptor. Abatement of right of pre-emption. Exercise of right of pre-emption by a Muslim and a non-Muslim against each other. Right of pre-emption non-transferable and indivisible. Where the pre-emptor and vendee equally entitled. Improvements made by the vendee. Improvement made in the status of the vendee-defendant after institution of the Suit. No right of pre-emption in respect of certain properties. Plaintiff to deposit sale price of the property. Deposit or refund of excess price. Sum deposited by pre-emptor not to be attached. Determination of price. Market value how to be determined. Government may exclude areas from pre-emption. Limitation. Notice. Matters ancillary or akin to the provisions of this Act. Application of the Civil Procedure Code and Qanun-e-Shahadat Order. Repeal of Act I of 1913. Saving. Rules. Repeal of Ordinance IX of 1991.   THE PUNJAB PRE-EMPTION ACT 1991 (Pb. Act IX of 1991) [6 April 1991] An Act to bring in conformity with the injunctions of Islam the law relating to pre-emption Preamble.— Whereas it is expedient to 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:- Short title, extent and commencement.— (1) This Act may be called the Punjab Pre-emption Act 1991.       (2)  It extends to the whole of the Punjab.       (3)  It shall come into force at once. 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 dower or composition in a murder or hurt case. Interpretation.— In the interpretation and the application of the provisions of this Act, the Court shall seek guidance from the Holy Qur’an and Sunnah. Act to override other laws.— The provisions of this Act shall have effect notwithstanding anything in any other law for the time being in force. Right of pre-emption.— The right of pre-emption shall arise in case of sale of immovable property. Persons in whom the right of pre-emption vests.— (1) The right of pre-emption shall vest—       (a)  firstly, in Shafi Sharik;       (b)  secondly, in Shafi Khalit; and       (c)  thirdly, in Shafi Jar.       Explanation.— I ‘Shafi Sharik’ means a person who is a co-owner in the corpus of the undivided immovable property sold.         II  ‘Shafi Khalit’ means a participator in the special rights attached to the immovable property sold, such as right of passage, right of passage of water or right of irrigation.        III  ‘Shafi Jar’ means a person who has a right of pre-emption because of owning an immovable property adjacent to the immovable property sold.       (2)  Notwithstanding anything in sub-section (1), the right of pre-emption shall be exercisable only in case of ‘Zaroorat’ or to avoid ‘Zarar’. Priorities in the right of pre-emption.— Where there are more than one participators in the special rights attached to the immovable property sold, the person having a special right shall have precedence over a person having a general right. ILLUSTRATIONS I)  A garden is irrigated by a water course which opens from a small canal. If this garden is sold, the person having right of irrigation from the water course shall have precedence over a person having right of irrigation from the canal. But if such garden is irrigated from the small canal, the person having right of irrigation from the water course as well as the person having right of irrigation from the canal shall have the right of pre-emption. II)  Where there are more than one pre-emptors and one has right of passage and the other has right of passage of water attached to the immovable property sold, the person having right of

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THE ASIAN DEVELOPMENT BANK ORDINANCE, 1971

THE ON-FARM WATER MANAGEMENT AND WATER USER’S ASSOCIATIONS (AMENDMENT) ORDINANCE, 2001

THE ON-FARM WATER MANAGEMENT AND WATER USER’S ASSOCIATIONS (AMENDMENT) ORDINANCE, 2001   The On-Farm Water Management and Water User’s Associations (Amendment) Ordinance, 2001, is a legislative instrument in Pakistan that amends the existing legal framework related to on-farm water management and the formation and functioning of water user’s associations. This type of ordinance typically aims to make changes, revisions, or updates to existing laws and regulations to address evolving needs or challenges in the management of water resources in agriculture. An Ordinance further to amend the On-Farm Water Management and Water User’s Associations Ordinance, 1981 (V of 1981). Whereas it is expedient further to amend the On-Farm Water Management and Water User’s Associations Ordinance, 1981 (V of 1981) 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 On-Farm Water Management and Water User’s Associations (Amendment) Ordinance, 2001. (2)        It shall come into force at once. Amendment in section 2 of Ordinance V of 1981.- In the said Ordinance in sub-section (1) of section 2 for clause (ii), the following shall be substituted:- “(ii) ‘Field Officer’ means and include the District Officer on-Farm Water Management or any other officer empowered as such by Government.”   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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Dive into The North-West Frontier Province Civil Servants (Appeal) Rules, 1986, key regulations governing the appeal procedures for civil servants in the NWFP, Pakistan. These rules outline the rights and processes for appealing administrative decisions, essential for civil servants, legal practitioners, and those involved in public administration and governance

The North-West Frontier Province Civil Servants (Appeal) Rules, 1986

The North-West Frontier Province Civil Servants (Appeal) Rules, 1986 The North-West Frontier Province Civil Servants (Appeal) Rules, 1986, refer to a set of rules and regulations specific to the province of Khyber Pakhtunkhwa (formerly known as the North-West Frontier Province) in Pakistan. These rules govern the process of appeals related to civil servants’ employment and service matters in that province.       Preamble 1 Short title, commencement and application 2 Definitions 3 Right of appeal 4 Form of memorandum 5 Action by appellate authority 6 Withholding of appeal in certain cases 7 Disposal of appeal 8 Savings 9 Pending appeals 10 Repeal     THE NORTH-WEST FRONTIER PROVINCE CIVIL SERVANTS (APPEAL) RULES, 1986 2nd June, 1986 In exercise of the powers conferred by section 26 of the North-West Frontier Province Civil Servants Act, 1973, (N.W.F.P. Act XVIII of 1973), read with section 22 thereof the Governor of the North-West Frontier Province is pleased to make the following rules, namely:- Short title, commencement and application.-(1) These rules may be called the North-West Frontier Province Civil Servants (Appeal) Rule 1986. (2) They shall come into force at once and shall apply to every person who is a member of the civil service of the Province or is the holder of a civil post in connection with the affairs of the Province and shall also apply to or in relation to a person in temporary employment in the civil service or post in connection with the affairs of the Province. Definitions.– In these rules, unless there is any thing repugnant in the subject or context; (a) ‘appellate authority’ means the officer or authority next above the competent authority; (b) ‘competent authority’ means the authority or authorized officer, as the case may be as defined in the North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973 or the authority competent to appoint a civil servant under the rules applicable/to him; and (c) ‘penalty’ means any of the penalties specified in rule 4 of the North-West Frontier Province Government Servants (Efficiency and Discipline), Rules, 1973. Right of appeal. -(1) A civil servant aggrieved by an order passed or penalty imposed by the competent authority relating to the terms and conditions of his service may, within thirty days from the date of communication of the order to him, prefer an appeal to the appellate authority: Provided that where the order is made by the Government, there shall be no appeal but the civil servant may submit a review petition [Provided further that the appellate or the reviewing authority, as the case may be, may condone the delay in preferring the appeal or the review petition, if it is satisfied that the delay was for the reasons beyond the control of the appellant or that the earlier appeal or review petition was not addressed to the correct authority]. Explanation.– For the purposes of the first proviso, the expression ‘appeal’, where the context so requires, shall mean the ‘review petition’ as well. (2) Where the order of the competent authority affects more than one civil servant, every affected civil servant shall prefer the appeal separately; (3) Where the aggrieved civil servant’ has died, the appeal may be filed, or if already filed by such civil servant before his death, may be pursued, by his legal heir or heirs; provided that the benefit likely to accrue on the acceptance of such appeal is admissible to such legal heir or heirs under any rules for the time being applicable to civil servants. Form of memorandum.-(1) Every memorandum of appeal shall– (a) contain full name and address, official designation and place of posting of the appellant. (b) state in brief the facts leading to the appeal. (c) be accompanied by a certified copy of the order appealed against and copies of all other documents on which the appellant wishes to rely. Explanation.– Where an aggrieved civil servant has died, his legal heir or heirs while filing the appeal or applying for review as the case may be, shall also add documents in support of his or their relationship with the deceased civil servant. (2) The appeal shall be submitted through the head of the office in which the appellant is posted at the time of filing the appeal or in the case of a deceased civil servant where he was last posted before his death. The head of the office shall forward the appeal to the competent authority shall after adding his own comments if any, transmit the appeal to the appellate authority for necessary orders. (3) No appeal shall be entertained if it contains abusive, disrespectful or improper language. Action by appellate authority.– (1) The appellate authority after making such further inquiry or calling for such information or record or giving the appellant an opportunity of being heard as it may consider necessary, shall determine’ (a) Whether the facts on which the order appealed against was based have been established; (b) Whether the facts established afford sufficient ground for taking action ; and (c) Whether the penalty is excessive, adequate or inadequate, and after such determination, shall confirm, set aside or pass such order as it thinks proper, provided that no order increasing the penalty shall be passed without giving the appellant an opportunity of showing cause as to why such penalty should not be increased. (2) The competent authority against whose order an appeal is preferred under these rules shall give effect to any order made by the appellate authority and shall cause the order so passed to be communicated to the appellant without undue delay. Withholding of appeal in certain cases.-(1) An appeal may be withheld by competent authority if- (a) it is an appeal in a case, in which no appeal lies under these rules; or (b) it does not comply with the requirements of rule 4; or (c) it is not preferred within the time limit specified in sub-rule(l) of rule 3 and no reason is given for the delay; or (d) it

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NATIONAL COMMISSION ON THE STATUS OF WOMEN ACT, 2012

NATIONAL COMMISSION ON THE STATUS OF WOMEN ACT, 2012

NATIONAL COMMISSION ON THE STATUS OF WOMEN ACT, 2012   The National Commission on the Status of Women Act, 2012, is a piece of legislation in Pakistan that establishes the National Commission on the Status of Women (NCSW) and provides the legal framework for its functioning. The NCSW is an independent statutory body tasked with promoting and protecting the rights and status of women in Pakistan. ACT NO. VIII OF 2012 CONTENTS CHAPTER-I PRELIMINARY Sections Short title, extent and commencement. Definition. CHAPTER-II ESTABLISHMENT OF THE COMMISSION Establishment of the commission. Appointment of chairperson. Appointment of members. Term of Office of Chairperson and of Members. Removal of Chairperson and Members. Acting Chairperson. Terms and Conditions as applicable to members. Secretariat of the Commission. CHAPTER-III FUNCTIONS AND POWERS OF THE COMMISION Functions and powers of the commission. Meetings of the commission. Appointment of Committees of the Commission. Updated till 16-2-2022 CHAPTER-IV FUNDS AND FINANCIAL CONTROL Fund. Accounts and Audit. CHAPTER-V MISCELLANEOUS Annual Report of the Commission. Assistance to the Commission. Indemnity. Members and officers to be public servants. Power to make Rules. Delegation of powers. Power to remove difficulties. Repeal. NATIONAL COMMISSION ON THE STATUS OF WOMEN ACT, 2012 ACT NO. VIII OF 2012 [ 8th March, 2012] An Act to provide for the setting up of National Commission on the status of Women WHEREAS it is expedient to set up a National Commission on the Status of Women for the promotion of social, economic, political and legal rights of women, as provided in the Constitution of the Islamic Republic of Pakistan and in accordance with international declarations. Conventions, treaties, Covenants and Agreements relating to women, including the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and for matters connected therewith or incidental thereto; It is hereby enacted as follows: — CHAPTER-I PRELIMINARY Short title, extent and commencement.—(1) This Act may be called the National Commission on the Status of Women Act, 2012. (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) “Chairperson” means the Chairperson of the Commission as appointed under Section 4, and includes acting chairperson appointed under Section 7; (b) “Commission” means the National Commission on the status of Women established under Section 3; (c) “girl” means a female human being under the age of eighteen years; (d) “Member” means the Member of the Commission; (e) “prescribed” means prescribed by rules made under this Act; (f) “Secretary” means the Secretary of the Commission appointed under Section 9; and (g) “women” means a female human being of eighteen years or above. CHAPTER-II ESTABLISHMENT OF THE COMMISSION Establishment of the Commission.—(1) The Federal Government shall constitute a Commission to be known as the National Commission on the Status of Women (NCSW), to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act. (2) The Commission shall consist of,— (a) a Chairperson, who shall be a woman with experience of working on issues related to women’s rights for more than fifteen years, and is committed to the cause of women’s empowerment; (b) two members from each Province of whom at least one member shall be a woman, one woman member each from Federally Administered Tribal Areas, Azad Jammu and Kashmir, Gilgit-Baltistan, the Islamabad Capital Territory and from minorities; (c) five ex-officio members who shall be representatives of the Ministries of Law, Finance, Foreign Affairs and Interior and the Ministry concerned with the subject of women’s rights not below BPS-20, and who shall not have the right to vote; (d) Chairperson or a designated member of each Provincial Commission on the Women’s rights, set up under provincial laws; and (e) Secretary of the Commission, who shall not have the right to vote. (3) A member appointed under Paragraph (b) of sub-section (2), shall not be less than thirty years of age, with experience of working on issues related to women’s rights and is committed to the cause of women’s empowerment. (4) The headquarter of the Commission shall be at Islamabad. (5) The Commission shall be a body corporate having perpetual succession and a common seal with powers, among others to acquire, hold and dispose of any property and shall sue and be sued by the said name. Appointment of Chairperson.—(1) The Federal Government shall through public notice, invite suggestions for suitable persons for appointment as Chairperson and, after proper scrutiny, shall submit a list of those persons to the Prime Minister and the Leader of the Opposition in the National Assembly. (2) The Prime Minister shall in consultation with the Leader of the Opposition in the National Assembly forward three names for Chairperson to a Parliamentary Committee for hearing and confirmation of any one person: Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate list to the Parliamentary Committee. (3) The Parliamentary Committee shall be constituted by the Speaker of the National Assembly and shall comprise fifty per cent members from the treasury benches and fifty per cent from the opposition parties, based on their strength in Majlis-e-Shoora (Parliament), to be nominated by the respective Parliamentary Leaders: Provided that the total strength of the Parliamentary Committee shall not exceed twelve members out of which one-third shall be from the Senate. (4) The Parliamentary Committee shall regulate its own procedure. (5) The Parliamentary Committee shall forward the name of the nominee confirmed by it to the Prime Minister, who shall appoint the Chairperson accordingly. 1 [(6) A vacancy of Chairperson shall be filled in as provided in this Act within thirty days of occurrence of the vacancy.] Appointment of members.—(1) The members, including ex-officio members, shall be appointed by the Prime Minister from amongst the names recommended under sub-section (2). (2) The Federal Government shall, after consultation with relevant stake-holders, recommend to the Prime Minister three names for each

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MY UNIVERSITY ISLAMABAD ACT, 2013

MY UNIVERSITY ISLAMABAD ACT, 2013

  MY UNIVERSITY ISLAMABAD ACT, 2013   The “My University Islamabad Act, 2013” appears to be specific to your university in Islamabad, Pakistan. The name of the act suggests that it was enacted to establish and govern the operations of your university. The specific provisions, objectives, and details of the act would pertain to the university in question and may not be publicly available or applicable to other universities or institutions. PRELIMINARY Short title and commencement. Definitions. CHAPTER-II THE UNIVERSITY Establishment and incorporation of the University. Powers and Purposes of the University. University open to all classes, creeds, etc. Teaching at the University. CHAPTER III OFFICERS OF THE UNIVERSITY Officers of the University. Patron. Visitation. Appointment and removal of Patron Chancellor. Page 2 of 25 Appointment and Removal of the Chancellor. Vice-Chancellor. Dean. Registrar. Treasurer. Controller of examinations. CHAPTER-IV AUTHORITIES OF THE UNIVERSITY Authorities. Board of Governors. Powers and functions of the Board of Governors. Executive Committee. Powers and duties of the Executive Committee. Academic Council. First Statutes. Appointment of committees by certain authorities. CHAPTER-V STATUTES, REGULATIONS AND RULES Regulations. Amendment and repeal of statutes and regulations. Rules. CHAPTER-VI UNIVERSITY FUND The University fund. Audit and accounts. Page 3 of 25 CHAPTER-VII GENERAL PROVISIONS Commencement of term of members of authorities. Disputes about membership of authorities. Proceedings of authorities not invalidated by vacancies. Removal of difficulties. Indemnity. Page 4 of 25 THE MY UNIVERSITY ISLAMABAD ACT, 2013 ACT NO. VII OF 2013 [14th March, 2013] An Act to provide for the establishment of my University, Islamabad WHEREAS it is expedient to provide for the establishment of MY University at Islamabad and for matters connected with and ancillary thereto; It is hereby enacted as follows: CHAPTER I PRELIMINARY Short title and commencement.___ (1) This Act may be called the My University Islamabad Act, 2013. (2) It shall come into force at once. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— (i) “Academic Council” means the Academic Council of the University; (ii) “Authority” means any of the authorities of the University; (iii) “Affiliated institution” means Educational institution authorized by the Board to conduct academic programs, research and development projects as approved by the University; (iv) “Board” means the Board of the University; (v) “Board of trustees” means Board of Trustees of the University; (vi) “Chancellor” means the Chancellor of the University; (vii) “College” means a constituent college, department, Institute or Centers; (viii) “Commission” means the Higher Education Commission of Pakistan; (ix) “Constituent college” means an educational institution, by whatever manner described, maintained and administered by the University; (x) “Controller” means the head of examination department of the University; (xi) “Dean” means the head of a faculty of the University; Page 5 of 25 (xii) “Department” means teaching department of the University; (xiii) ”Director” means the head of an institute established as a constituent institute by the University; (xiv) ”Executive Committee” means the Executive Committee of the University; (xv) “Faculty” means an administrative and academic unit of the University consisting of one or more departments. It also includes any Professor, Associate Professor, Assistant Professor or Lecturer, tutor, engaged wholetime or part-time by the University, or by a constituent college, institute or Centre; (xvi) “Government” means the Federal Government; (xvii) ”Institute” means an institute or Centre, maintained and administered by the University; (xviii) “Officer” means any officer of the University; (xix) “Patron” means the Patron of the University; (xx) “prescribed” means prescribed by the statutes, regulations or rules; (xxi) ”Professor Emeritus” means a retired Professor appointed by the Chancellor on honorary basis; (xxii) ”Principal” means the head of a college, or the institution under the University by whatever name or the designation; (xxiii) “Registrar” means the Registrar of the University; (xxiv) “Committee” means the committee set up by the Board of Trustees; (xxv) ”Statutes”, “regulations” and “rules” mean respectively the statutes, regulations and rules made under this Act; (xxvi) “Trust” means the My Trust; (xxvii) “University” means MY University Islamabad, established under this Act; and (xxviii) “Vice-Chancellor” means the Vice-Chancellor of the University. Page 6 of 25 CHAPTER-II THE UNIVERSITY Establishment and incorporation of the University.—(1) There shall be established a University to be called as MY University Islamabad, consisting of,— (a) the Patron, the Chancellor, the Vice-Chancellor, the members of the Board and the Board of Trustees; (b) the members of Executive Committee, Deans, the Chairmen of the teaching departments and members of the Academic Council or any other Councils, Committee or Advisory Committees, as the Board of Governors may establish or authorize from time to time of the University; (c) the members of the Boards, committees and other bodies as the Board may establish; (d) the members of the Faculties and students of the University and its constituent units in accordance with the terms prescribed from time to time, and all other; and (e) such other officers and members of the staff as the Board may, from time to time, specify. (2) The University shall be a body corporate by the name of MY University, having perpetual succession and a common seal, with powers, among others, to acquire and hold property, both movable and immovable, and to lease, sell or otherwise transfer any movable and immovable property which may have become vested in or been acquired by it. (3) The principal seat of the University shall be at Islamabad and it may set up its campuses, colleges, institutes, offices, research or study centers and other facilities at such places in Pakistan as well as abroad as the Board may determine. The additional campuses shall be set up in other parts of the country, and in other parts of the world. (4) Notwithstanding anything contained in any other law for the time being in force, the University shall have academic, financial and administrative autonomy, including the powers to employ officers, teachers and other employees on such terms as may be prescribed, subject to the terms of this Act. (5) In particular and without prejudice to the authority

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THE MINIMUM WAGES ORDINANCE, 1961

THE MINIMUM WAGES ORDINANCE, 1961

THE MINIMUM WAGES ORDINANCE, 1961   The Minimum Wages Ordinance, 1961, is a significant piece of legislation in Pakistan that establishes a legal framework for setting and regulating minimum wage rates for various categories of workers and employees in the country. The primary objective of this ordinance is to ensure that workers receive fair compensation for their labor and to prevent the exploitation of labor through the establishment of minimum wage standards. An Ordinance to provide for the regulation of minimum rates of wages for workers employed in certain industrial undertakings. WHEREAS it is expedient to provide for the regulation of minimum rates of wages for workers employed in certain indus­trial undertakings, and for matters ancillary thereto ; Now, therefore, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers en­abling him in that behalf, the President is pleased to make and promulgate the following Ordinance :—   Short title, extent and commencement. —(1) This Ordinance may be called the Minimum Wages Ordinance, 1961. (2) It extends to the whole of Pakistan. (3) It shall come into force at once.   Definition. In this Ordinance, unless there is anything repugnant in the subject or context,— (1) “adult” has the same meaning as in clause (b) of section 2 of the Factories Act, 1934; (2) “Board” means a Minimum Wages Board established under section 3 ; (3) “Council” means the Minimum Wages Council cons­tituted under section 8 ; (4) “employer” means any person who employs either directly or through another person, whether on be­half of himself or any other person, any person for whom a minimum rate of wages may be declared under this Ordinance, and includes— (a) in relation to a factory, a managing agent or other person who has ultimate control over the affairs of the factory ; and (b) in other cases, any person responsible to the owner for supervision and control of such worker or for payment of his wages ; (5) “factory” means a factory as defined in clause (j) of section 2 of the Factories Act, 1934, and includes any place deemed to be a factory under sub-section (3) of section 5 thereof ; (6) “industry”, with its grammatical variations and cognate expressions, means an industry as defined in clause (g) of section 2 of the Industrial Disputes Ordinance, 1959, and includes a plantation as defined in clause (iii) of section 2 of the Payment of Wages Act, 1936; (7) “juvenile worker” means a worker who is not adult ; (8) “wages” means all remuneration capable of being ex­pressed in terms of money, which would, if the terms of contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, but does not include— (a) any contribution paid by the employer in respect of such person under any scheme of social in­surance or to a pension fund or provident fund ; (b) any travelling allowance or the value of any travel­ling concession ; (c) any sum paid to such person to defray special expenses incurred by him in respect of his em­ployment ; (d) any sum paid as annual bonus ; or (e) any gratuity payable on discharge ; and (9) “worker” means any person including an apprentice employed in any industry to do any skilled or unskill­ed, intellectual, technical, clerical, manual or other work, including domestic work, for hire or reward, but does not include— (i) persons employed by the Central Government or a Provincial Government ; (ii) persons employed in coal mines in respect of whom minimum wages may be fixed under the Coal Mines (Fixation of Rates of Wages) Ordinance, 1960; and (iii) persons employed in agriculture.   Establishment of Minimum Wages Boards. —(1) As soon as may be after the commencement of this Ordinance, the Provincial Government shall establish a Mini­mum Wages Board for the Province consisting of the following four members to be appointed by it, namely :— (a) the Chairman of the Board ; (b) one independent member ; (c) one member to represent the employers of the Province ; and (d) one member to represent the workers of the Province : Provided that for the purpose of discharging the function of a Board specified in section 5 the following two more members appointed by the Provincial Government shall be added, namely:— (i) one member to represent the employers connected with the industry concerned ; and (ii) one member to represent the workers engaged in such industry. (2) The Chairman of the Board and the independent member shall be appointed from persons with adequate knowledge of industrial, labour and economic conditions of the Province who are not connected with any industry or associated with any em­ployers or workers organization. (3) The member to represent the employers of the Province and the member to represent the workers of the Province under sub-section (1) shall be appointed after considering nominations, if any, of such organizations as the Provincial Government con­siders to be representative organizations of such employers and workers respectively. (4) The members referred to in the proviso to sub-section (1) to represent the employers connected with and the workers engaged in the industry concerned shall be appointed after con­sidering nominations, if any, of such organizations as the Pro­vincial Government considers to be representative organizations of such employers and workers respectively. (5) The term of office of the members of the Board, the man­ner of filling casual vacancies therein, the appointment of its committees, if any, the procedure and conduct of the meetings of the Board and its committees and all matters connected there­with, including the fees and allowances to be paid for attending such meetings, and other expenses, including expenses for the services of experts and advisers obtained by the Board, shall be such as may be prescribed by rules made under section 17.   Recommendation of minimum rates of wages for unskilled and juvenile workers.

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