THE
(W.P. Act XVI of 1957)
C O N T E N T S
Sections
1. Short title and commencement.
2. Definitions.
3. Adaptation of laws.
4. Grammatical changes.
5. Exercise of powers.
6. Repeal.
7. Savings and validation.
SCHEDULES
I. Territories and areas to which a reference in any existing law, instruments, etc., to any Province or area or State, etc., should be construed.
II. Adaptations of certain terms used in various existing laws, instruments, etc.
III. General adaptations.
IV. Repeal of certain enactments.
[1]THE WEST PAKISTAN (ADAPTATION AND REPEAL OF LAWS) ACT, 1957
(W.P. Act XVI of 1957)
[25 July 1957]
An Act to adapt and repeal certain laws
applicable to the Province of West Pakistan
Preamble.— WHEREAS it is expedient to adapt and repeal certain laws applicable to the Province of West Pakistan;
It is hereby enacted as follows:-
1. Short title and commencement.— (1) This Act may be called the West Pakistan (Adaptation and Repeal of Laws) Act, 1957.
(2) It shall be deemed to have come into force on and from the 14th day of October, 1955.
[2][(3) It extends to the whole of the Province of West Pakistan, except the Tribal Areas.]
2. Definitions.— (1) In this Act, unless there is anything repugnant in the subject or context—
(i) “Administration” means any authority,
howsoever constituted immediately before the appointed day, to administer a
territory or area and includes the Government of any Province, State or other
area included in the province of West Pakistan;
(ii) “Appointed day” means the fourteenth day of October, 1955;
(iii) “Board of Revenue” means the Board of Revenue established under the [3]West Pakistan Board of Revenue Act, 1957[4];
(iv) “Existing law” means any Act, Ordinance,
Regulation, Rule, Order or Bye-law made or issued by the appropriate
Legislature or other competent authority including any public notification
issued thereunder and in force in the territories and areas included in the
Province of West Pakistan or any part thereof immediately before the appointed
day, but shall not include any law with respect to any of the matters
enumerated in List I of the Seventh Schedule to the Government of India Act,
1935; and
(v) “Instrument”
means any instrument or document in force in the territories and areas included
in the Province of West Pakistan or any part thereof immediately before the
appointed day.
(2) Any
expression not defined in this Act and defined in the Establishment of West
Pakistan Act, 1955, or the Government of India Act, 1935, shall be deemed to
have the meaning assigned to it by the said Acts.
3. Adaptation of laws.— (1) Wherever in any existing law, or in any
instrument, a reference, in whatever form, not being a reference in the title,
preamble, description or citation of such law or instrument, is made to any
Province or area or State or to the States Union mentioned in column No.1 of
Schedule I annexed to this Act, then notwithstanding anything to the contrary
contained in such law or instrument, but subject to the other provisions of
this Act, with effect from the appointed day, it shall, unless there be
anything repugnant in the subject or context, be construed, as, and be deemed
to be, a reference to the territories and areas included in the districts, or
States, as the case may be, mentioned against it in column No.2 of the said
Schedule.
(2) Wherever in any existing law or any instrument in force in the whole or any part of the territories or areas included in the Baluchistan States union, or in any Province or State or other area included in the Province of West Pakistan and mentioned in column No. 1 of Schedule II annexed to this Act, any term mentioned in column No. 2 of the said Schedule appears, it shall, as from the appointed day, and subject to any reservation made in this behalf and to the other provisions of this Act, be deemed to have been replaced by the term mentioned against it in column No. 3 of the said Schedule.
(3) The laws mentioned in Schedule III annexed to this Act shall be deemed to have been adapted to the extent and in the manner mentioned in column No. 5 of the said Schedule.
(4) As from the appointed day, unless there be a direction to the contrary in this Act, all references in any existing law or in any instrument—
(i) to the Governor-General, the Agent to the Governor-General, the
Crown representative, the Central Government, the Chief Commissioner or
Resident in relation to Baluchistan, or to the Lieutenant-Governor or Governor
of any of the Governor’s Provinces unless the context indicates otherwise, be
deemed to be references to the Governor or the Provincial Government of the
Province of West Pakistan, as the case may be, and references to the
administration of any of the said Provinces, territories or areas howsoever
worded, shall be deemed to be references to the Provincial Government of West
Pakistan;
(ii) to any Board, Committee, authority, functionary, officer or office, howsoever worded, or to any tribunal other than a High Court, which Board, Committee, authority, functionary, officer, office or tribunal has ceased to function or exist and has been replaced by another as a result of the establishment of the Province of West Pakistan, shall be deemed to be references to the Board, Committee, authority, functionary, officer, office or tribunal, howsoever named or designated, constituted, appointed or created to exercise all or any of the functions and duties of the afore-mentioned Board, Committee, authority, functionary, officer, office or tribunal, for the whole or a part of the territories in relation to which the said Board, Committee, authority, functionary, officer, office or tribunal, had been constituted, appointed or created;
(iii) to “Punjab Act”, “Sind Act”, “Bombay Act”, “North-West Frontier Province Act”, “Bahawalpur Act”, “Khairpur Act”, “Baluchistan Regulation”, “Baluchistan States Union Act”, “Baluchistan States Union Regulation”, howsoever worded, shall mean, respectively, references to the relevant Act or Regulation, in force immediately before the appointed day in the Provinces, States or the States Union, as the case may be, included in the Province of West Pakistan;
(iv) to the official Gazette of any of the territories and areas
included in the Province of West Pakistan, howsoever worded, shall, subject to
the provisions of section 10 of the Establishment of West Pakistan Act, 1955,
be deemed to be references to the official Gazette of the Province of West
Pakistan;
(v) to a Subordinate Judge shall include
references to the Civil Judge in localities and areas where the latter
designation is used;
(vi) to “Punjab Legislative Assembly”, “Sind
Legislative Assembly”, or “North-West Frontier Province Legislative Assembly”,
shall be deemed to be reference to the Provincial Assembly of West Pakistan.
4. Grammatical changes.— Where this Act requires that in any existing law a plural noun shall be substituted for a singular noun or vice versa or a masculine noun for a neuter noun or vice versa there shall be made also in any verb or pronoun used therefor such consequential amendments as the rules of grammar may require.
5. Exercise of powers.— As from the appointed day—
(i) the powers exercised and duties performed before the appointed day by any officer of the administration of any Province, State or other territory or area included in the Province of West Pakistan except [5][the Karachi Area] in relation to the whole or any part of the territory under the charge of such administration, shall be exercised and performed by such officer or officers as may be specified in this behalf by the Governor of West Pakistan, for that territory or part thereof, and all references to the first named officer in any existing law or instrument shall be deemed to be references to the officer or officers so specified;
(ii) any reference in any existing law or
instrument to any authority for which some other authority has been substituted
by virtue of this Act or of any action taken under this Act shall be deemed to be a reference to the
authority so substituted;
(iii) the Province of West Pakistan shall be deemed to be substituted as a party in all proceedings pending in any Court or before any authority for and on behalf of the administration of any territory or area included in the Province of West Pakistan, other than [6][the Karachi Area] except in proceedings with respect to any property used for any of the purposes specified in List I of the Seventh Schedule to the Government of India Act, 1935, or with respect to any rights, liabilities or obligations arising out of any matter specified in List I of the said Schedule.
6. Repeal.— The laws mentioned in Schedule IV annexed to this Act shall be deemed to have been repealed from the appointed day.
7. Savings and validation.— (1) Notwithstanding the repeal of the West Pakistan (Adaptation of Laws) Order, 1955, the expiry of the West Pakistan (Adaptation of Laws) Ordinance, 1956, and the West Pakistan (Adaptation and Repeal of Laws) Ordinance, 1956 or any judgment, decree or order of any Court, Tribunal or other Authority, everything done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceedings commenced, officer appointed or person authorised, jurisdiction or power conferred, rules made and order issued under any provision of any existing law, in pursuance of the amendments, omissions, modifications or repeals made by or under the said Order or the said Ordinances shall be deemed to have been validly done, taken, incurred, commenced, appointed, authorised, conferred, made or issued and be continued, and if not inconsistent with the provisions of this Act, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under any such existing law as adapted or repealed by this Act.
(2) Everything done, action taken, obligation, liability or penalty incurred or proceeding commenced, officer appointed or person authorised, jurisdiction or power conferred, rules made and order issued after the date of expiry of the West Pakistan (Adaptation of Laws) Ordinance, 1956, and before the 18th day of October, 1956, under any provision of an existing law which could have been done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under any such law, in pursuance of the amendments, omissions, modifications or repeals made by or under the said Ordinance if it had been in force during the said period, shall be deemed to have been validly done, taken, incurred, commenced, appointed, authorised, conferred, made or issued and be continued and, if not inconsistent with the provisions of this Act, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under any such existing law as adapted or repealed by this Act.
SCHEDULE 1
[See Section 3 (1)]
|
Column 1 |
Column 2 |
|
Bahawalpur State, or the State of Bahawalpur. |
Districts of Bahawalnagar, Bahawalpur and Rahimyar
Khan. |
|
Baluchistan or Baluchistan Province, or the
Province of Baluchistan. |
1. The Pishin District comprising the Tehsils of— (i) Pishin; (ii) Chaman; (iii) Shorarud. 2. The Sibi District comprising the Tehsils of— (i) Sibi; (ii) Shahrig. 3. The Duki District comprising the Tehsil of
Duki. |
|
Leased Areas being the areas defined in the Leased
Areas (Laws) Order, 1950 (G.G.O. 3 of 1950). |
1. The Quetta District; 2. The Nasirabad Sub-Division; 3. The Bolan District (including Kachhi
Railway District and Nushki Railway District); 4. The Nushki Tehsil. |
|
The Areas within the borders of Baluchistan as
defined in Ministry of States Frontier Regions’ Notifications No.
F-9(170)-F/48-1 and F-9(170)-F-48-II, dated the 27th June 1950. |
1. The Kohlu and Marri Bugti District comprising the Tehsils of— (i) Kohlu; (ii) Kohlu Railway; (iii) Marri Bugti. 2. The Loralai District comprising the Tehsils
of— (i) Musakhel; (ii) Bori; (iii) Barkhan; (iv) Sinjawi. 3. The Zhob District comprising the Tehsils
of— (i) Fort Sandeman (ii) Hindubagh; (iii) Killa Saifullah. 4. The
Dalbandin District, including Western Sinjrani country comprising the Tehsil
of Dalbandin. |
|
Baluchistan States Union |
Districts of Kalat, Kharan, Las Bela and Mekran. |
|
Khairpur State or the State of Khairpur.District
of Khairpur. |
North-West Frontier
Province.Districts of Bannu, Dera Ismail Khan, Hazara, Mardan, Kohat and
Peshawar. |
|
Amb, Chitral, Dir and Swat States. |
Amb, Chitral, Dir or Swat State, as the case may
be. |
|
Punjab, Punjab Province, or the Province of the
Punjab. |
Districts of Campbellpur,
Dera Ghazi Khan, Gujranwala, Gujrat, Jhelum, Jhang, Lahore, Lyallpur,
Mianwali, Montgomery, Multan, Muzaffargarh, Rawalpindi, Shahpur, Sheikhupura
and Sialkot. |
|
Sind, Sind Province, or the Province of Sind. |
Districts of Dadu, Hyderabad, Tharparkar, Upper
Sind Frontier, Larkana, Nawab Shah, Sanghar, Sukkur and Thatta. |
SCHEDULE II
[See Section 3 (2)]
|
Territory |
Existing Term |
Substituted Term |
|
1 |
2 |
3 |
|
Punjab |
Financial Commissioner or Financial Commissioners |
Board of Revenue. |
|
North-West Frontier Province |
Revenue Commissioner or Revenue and Divisional
Commissioner. |
Commissioner. |
|
(i) Baluchistan (ii) Leased Areas being the areas defined in the
Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), (iii) The Areas within the
borders of Baluchistan as defined in Ministry of States and Frontier Regions’
Notifications No.F.9 (170)-F/48-1, and F-9 (170) F/48-II, dated the 27th
June, 1950. |
Revenue Commissioner or Revenue Commissioner in
Baluchistan. |
Commissioner. |
|
Bahawalpur State |
His Highness the Nawab Ruler
Bahadur of Bahawalpur, his heirs and successors, or the Ruler of the
Bahawalpur State, or Alahazrat, Sar-kar-i-Ali or Alahazrat or Alahazret the
Ameer of Bahawalpur State or His Highness, or His Highness the Nawab Ruler
Bahadur. |
Provincial Government except when any of the
expressions occurs in an oath or affirmation, where it shall mean the
Constitution of Pakistan as by law established. |
|
|
The Bahawalpur Government or
the Government of Bahawalpur or the local Government of the Government of the
Bahawalpur Darbar, or the State Government or the Government of Alahazrat the
Ameer of Bahawalpur, or the Government of the Bahawalpur State, or His
Highness’s Government or the Government of His Highness the Nawab Ruler
Bahadur. |
Provincial Government |
|
|
Indian Penal Code. |
Pakistan Penal Code. |
|
|
The State Revenue or the Revenue of the State. |
Provincial Revenue |
|
|
A.M. the Wazir-i-Azam, or A.M. the Chief Minister,
or A.M. the Prime Minister, or A.M. the Revenue Minister, or the Minister
Incharge. |
Commissioner. |
|
|
Financial Commissioner. |
Board of Revenue. |
|
|
His Highness the Nawab Ruler Bahadur’s subjects, or
the subjects of the State, or the State subjects. |
Inhabitants of the area
comprising the Districts of Bahawalpur, Bahawalnagar and Rahimyar Khan. |
|
|
British India. |
Provinces and Capital of the Federation. |
|
|
Government of India. |
Government of Pakistan. |
|
|
The Ruler in the Judicial Committee or the
Judicial Committee. |
Governor of West Pakistan in
relation to all mercy petitions against convictions in murder cases and in
respect of other matters it shall mean the appropriate Court. |
|
|
Forces of Sarkari-i-Ali, or the State Forces, or
the Forces of the Bahawalpur State, or the State Troops. |
Forces of the Government of Pakistan. |
|
Khairpur State |
H.H. the Mir, his heirs and successors, or H.H.
the Mir of Khairpur, his heirs and successors. |
Provincial Government except
when the expression occurs in an oath or affirmation, where it shall mean the
Constitution of Pakistan as by law established. |
|
|
Darbar, or Khairpur Darbar,
or Government, or Khairpur Government, or Kachehry, or Council, or His
Highness in Council, or State or State Government, or His Highness the Mir of
Khairpur. |
Provincial Government |
|
|
President, or Council of Administration, or
Council, or President of Council. |
Commissioner. |
|
|
Judicial Committee. |
Governor of West Pakistan in
relation to all mercy petitions against convictions in murder cases and in
respect of other matters it shall mean the appropriate Court. |
|
|
Chief Minister, or Minister
or Minister Law and Order, or Minister Finance and Industries or Wazir, or
Revenue Minister, or Education Minister, or Health Minister, or Council of
Ministers or Finance and Revenue Minister, or Finance and Revenue Member, or
Minister Incharge of Agriculture, or Public Works Minister, or Council Member
Incharge, or President Council. |
Commissioner. |
|
|
Council of Rulers. |
Provincial Government. |
|
Baluchistan States |
Wazir-i-Azam. |
[7][Provincial Government or
any Officers empowered by the Governor of West Pakistan to perform the
functions of Wazir-i-Azam in relation to any matters except judicial matters
where it shall mean the appropriate Court] |
|
|
Wazir-i-Muarif |
District Judge. |
|
|
[8][* * * * * * * |
* * * * * * * *] |
SCHEDULE III
[See Section 3 (3)]
|
Years of the Act, Regu-lation or Order |
No. of the Act, Regu-lation or Order |
Short title of the Act, Regulation or Order |
Provision adapted |
Adaptation made |
|
1 |
2 |
3 |
4 |
5 |
|
CENTRAL ACTS AND REGULATIONS |
||||
|
1850 |
XII |
The Public Accountants
Default Act. |
Section 5 |
For “Government” substitute “the Central or the
Provincial Government.” |
|
1870 |
VII |
The Court Fees Act |
Schedule I |
In Article 13, delete
“at Lahore” and for “Court of the
Financial Commissioner of the Punjab” substitute
“Board of Revenue”. |
|
|
|
|
Schedule II |
(i) In Article 10, clause (c), Omit “Chief Commissioner” (ii) In Article 11, clause (b), Omit “or Chief Commissioner”. |
|
1879 |
XVII |
The Sind Agriculturists’
Relief Act |
Section I |
(i) Omit
“ of Sind”. (ii) For
“Province” substitute “Province of
Sind as it existed before the appointed day”. |
|
1883 |
XIX |
The Land Improvements Loans
Act. |
Section 4(2)(f) |
For “Provincial Government” substitute “Board of Revenue”. |
|
|
|
|
[9][Section 3(c) |
For “Provincial Government” substitute “Board of Revenue or
Commissioner”.] |
|
1894 |
I |
The Land Acquisition Act |
Section 4(1) |
For “Provincial Government” substitute “Commissioner or Board of
Revenue”. |
|
|
|
|
Section 4(2) |
For “Such Government” substitute “the Commissioner or the
Board of Revenue”. |
|
|
|
|
Sections 5-A(2), 6(1),
6(3), 7, 17(1), 17(2), 17(4), 31(3), 35(1), proviso to 36(2), 38(1), 39,
40(1), 40(2), [10][48(1),
48(2)] 49(2) and 49(3) |
For “Provincial Government” substitute “Commissioner”. |
|
|
|
|
Section 6(1) |
(i) For
“Secretary to such Government” substitute
“the Commissioner”. (ii) For
“its” occurring before “orders” substitute
“ such”. |
|
|
|
|
Section 17(4) |
For “it” substitute “he”. |
|
|
|
|
Section 41 |
(i) For
“Provincial Government” where it occurs for
the first time substitute
“Commissioner”. (ii) For
“it” occurring before “shall” substitute
“he”. |
|
|
|
|
Section 49 (2) |
For “it” substitute “he”. |
|
1896 |
XX |
The
Sind Incumbered Estates Act. |
Sections 24 and 32 |
For “Provincial Government” substitute “Board of Revenue”. |
|
1899 |
II |
The Stamp Act |
Section 57 |
(i) in subsection (1), (a) For
clause(a), substitute the
following:- “(a) if the case arises in West Pakistan, to the
High Court of West Pakistan;” (b) Omit clause (b). (ii) In sub-section (2), Omit “or Chief Court”. |
|
|
|
|
Sections
58, 59 and 60 |
Omit “or Chief Court”. |
CENTRAL ACTS AS
APPLICABLE TO PUNJAB
|
||||
|
[11][1870] |
VII |
The Court Fees Act |
Proviso to Section 30 |
For “the Punjab” substitute “Pakistan”. |
|
1900 |
XIII |
The Punjab Alienation of
Land Act. |
Sections 2(8), 4(1),
6(1)(d), 8(1)(c), 23 and 24. |
For “Provincial Government”
wherever it occurs substitute
“Board of Revenue.” |
|
|
|
|
Section 3-A |
For “Provincial Government”
where it occurs first substitute
“Board of Revenue”. |
|
|
|
|
Section 13-B(b) |
For “Financial Commissioner” substitute “Board of Revenue” and thereafter insert “only on a point of law”. |
|
|
|
|
Section 13-C |
For “Financial commissioner” substitute “Board of Revenue” and for “he” substitute “it”. |
|
|
|
|
Section 3-C Proviso |
For “he” substitute “it”. |
|
|
|
|
Section 13-D (b) |
For “Financial Commissioner” substitute “Board of Revenue”. |
THE PUNJAB ACTS
|
||||
|
1883 |
XX |
[12]The Punjab District Boards
Act. |
Section 15 |
For the
proviso to sub-section (1) substitute
the following:- “Provided that the by-election for filling the place shall be held
within a period of six months from the date of occurrence of the vacancy: Provided further that in no case shall a by-election be held
within a period of six months of the date on which the term of officer or
members expires and such vacancy shall be left unfilled: Provided also that if a question arises
whether the by-election was held within six months from the date of
occurrence of the vacancy or when the term of office of members expires, it
shall be referred to the Provincial Government whose decision in the matter
shall be final”. |
|
|
|
|
Section 56 |
For
“Provincial Government” wherever it occurs substitute “Commissioner”, and make necessary substitution for the pronouns used for it. |
|
1887 |
XVI |
The Punjab Tenancy Act. |
Throughout the Act |
For
“Financial Commissioner” substitute
“Board of Revenue” and make all necessary substitutions for the pronouns used
for it. |
|
|
|
|
Section 4 |
After clause (1) insert the following as Clause (1-A):-
“(1-A) ‘Government’ shall, unless the context otherwise provides, mean the
Provincial Government”. |
|
|
|
|
Section 4(12) Explanation. |
For “Provincial Government” substitute “Board of Revenue”. |
|
|
|
|
Section 4(18) |
After “Provincial Government” insert “or Board of Revenue”. |
|
|
|
|
Section 78(1) |
Omit “other”. |
|
|
|
|
Section 80(c) |
For “Financial Commissioner” substitute “Board of Revenue only on a point of law”. |
|
|
|
|
Section 82(1) |
In the Proviso, for clause
(a) substitute the following:- |
|
|
|
|
|
“(a) an order passed by his
predecessor in office shall not be reviewed by the— |
|
|
|
|
|
(i) Commissioner
without first obtaining the sanction of the Board of Revenue. |
|
|
|
|
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(ii) Collector
without first obtaining the sanction of the Commissioner, |
|
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|
|
and no order shall be
reviewed by any other Revenue Officer without first obtaining the sanction of
the Revenue Officer to whose control he is immediately subject.” |
|
|
|
|
Section 84(3) |
Omit “Commissioner or” and for “Financial Commissioner” substitute
“Commissioner”. |
|
|
|
|
Section 84(4) |
For
sub-section (4) of section 84 substitute
the following:- |
|
|
|
|
|
“(4) If after examining a record called for under sub-section (1), or sub-section (2), or submitted under
sub-section (3) the Board of Revenue or the Commissioner, as the case may be,
is of the opinion that it is expedient to interfere with the proceedings or the
order shall pass an order accordingly”. |
|
1887 |
XVII |
[13]The Punjab Land Revenue
Act. |
Sections
3(1)(c), 6(3), 10, 18(2), 28(1), 29(1), 32(1), 38(1), 50(2), 51(1), 53(1),
53-A(1), 53-A(2), proviso (i), 101-A(1), 107, 120(3), 136(1), 136(2), 136(4),
145, 146(b) and 158(2)(xx). |
For “Provincial Government”
wherever it occurs substitute
“Board of Revenue”. |
|
|
|
|
Section 3 (10) Explanation. |
For “Provincial Government” substitute “Board of Revenue”. |
|
|
|
|
Section 3(15) |
After “Provincial Government” insert “or Board of Revenue”. |
|
|
|
|
Section 3 |
Insert the following as new
[14][clause] namely:- “(20) “Board of Revenue” means the Board of Revenue
established under the West Pakistan Board of Revenue Act, 1957.” |
|
|
|
|
Sections
3(19), 6(5), 11(1), (2), (3), 12(1), (2), 14(c), 16(1), 24(1), 27, 29(3),
30(2), 31(2), 33(1), (2), (3), 35(a), 46, 47(1), 53(2), (3), 55(3), 58,
59(2), (3), 60-C, 61(1) (b), 63(1), (2), 64(1), (2), 97, 100(1), 102, 110(1),
[15][124],
141, 148, (1), 155(1), (3) and 157 |
For “Financial Commissioner” substitute “Board of Revenue” and make
all necessary changes of the pronouns used therefor. |
|
|
|
|
Section 6(1) |
Omit clause (a). |
|
|
|
|
Section 7 |
Omit. |
|
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|
|
Section 13(c) |
For “Financial Commissioner” substitute “Board of Revenue only on a
point of law”. |
|
|
|
|
Section 15(1) |
In the proviso, for clause (a) substitute the following:- “(a) an order passed by his
predecessor in office shall not be reviewed by the— (i) Commissioner without first obtaining the sanction of the Board of
Revenue. (ii) Collector
without first obtaining the sanction of the Commissioner, and no
order shall be reviewed by any other Revenue Officer without first obtaining
the sanction of the Revenue Officer to whose control he is immediately
subject”. |
|
|
|
|
Section 16(3) |
Omit “Commissioner or” and substitute “Commissioner” for “Financial Commissioner”. |
|
|
|
|
Section 16(4) |
For sub-section (4) of section 16 substitute the following:- “(4) The
Board of Revenue may in any case called for
under sub-section (1) and a Commissioner may in any case called for under sub-section (2) or reported
under sub-section (3) pass such order as it or he thinks fit: Provided
that no order shall be passed under this section reversing or modifying any
proceedings or order of a subordinate Revenue Officer and affecting any
question of right between private persons without giving those persons an
opportunity of being heard”. |
|
|
|
|
Section 48-B |
After “Provincial Government” insert “or Board of Revenue, as the
case may be”. |
|
|
|
|
Section 50(2) |
For “Financial Commissioner” substitute “Commissioner”. |
|
|
|
|
Section 60-A |
Substitute the following:- “60-A Procedure to be followed in making
rules— Before making any rule
under the provisions of section 60, the Provincial Government shall, in
addition to observing the procedure laid down in section 22 of the
[16]West
Pakistan General Clauses Act, 1956, publish by notification a draft of the
proposed rule for the information of persons likely to be affected thereby”. |
|
|
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|
Sections
71(3), 73, 75, 76, 77(1), 79(1), 95(2), 101-A(4) and 147(3). |
For “Financial Commissioner” substitute “Commissioner”. |
|
|
|
|
Section 137(1) |
Omit “except the Financial Commissioner” and the commas
preceding and following these words. |
|
|
|
|
Section 158(1) |
Insert “Board of Revenue” after “Provincial Government”. |
|
1903 |
II |
The Punjab Court of Wards
Act. |
Section 4(1) |
(i) For “Financial Commissioner” substitute
“Commissioner”, and (ii) Omit “for the Punjab”. |
|
|
|
|
Section 4(2) |
Omit “the Commissioner of the Division or”. |
|
|
|
|
Sections
4(3), 4(4), 16(1), 17(2), 34 and 45(1) |
For “Provincial Government” substitute “Board of Revenue”. |
|
|
|
|
Section 4(3) |
Omit “Commissioner or”. |
|
|
|
|
Sections 5 and 7(1) |
For “Provincial Government” substitute “Court of Wards.” |
|
|
|
|
Section 11(1) |
For the portion beginning with the word “For the purpose” and ending with the
words “Order under section 6” substitute
the following— “For the purpose of satisfying himself as to whether in respect of
any land-holder the Court of Wards should be moved to make an order under
section 5(2) or section 6”. |
|
|
|
|
Section 44 |
Omit the first proviso and “further” from the second
proviso. |
|
1905 |
III |
The Punjab Minor Canals
Act. |
Section 55 |
For “Financial Commissioner,
Revenue” substitute “Board of
Revenue”. |
|
|
|
|
Sections 61(1) and 61(3) |
For “Financial Commissioner” substitute “Board of Revenue”. |
|
1911 |
III |
[17]The Punjab Municipal Act. |
Section 1 |
In sub-section (2) after “Punjab” insert “before the creation of the
Province of West Pakistan”. |
|
|
|
|
Section 17 |
For the provisos to
sub-section (1) substitute the
following:- “Provided that the
bye-election for filling the place shall be held within a period of six
months from the date of occurrence of the vacancy: Provided further that in no
case shall a bye-election be held within a period of six months of the date
on which the term of office of members expires and such vacancy shall be left
unfilled: Provided also that if a question arises whether the
bye-election was held within six months from the date of occurrence of the
vacancy or, when the term of office of members expires it shall be referred
to the provincial Government whose decision in the matter shall be final”. |
|
[18][1912 |
V |
The Colonization of
Government Land (Punjab) Act |
Sections 3 and 33 |
For “Provincial Government” substitute “Board of Revenue”. |
|
|
|
|
Sections 10(1) and 29 |
For “Provincial Government” substitute “Board of Revenue subject
to the general approval of the Government”. |
|
|
|
|
Section 36 |
Insert “Board of Revenue” in
between “Provincial Government” and
“or Collector”.] |
|
1913 |
I |
The Punjab Pre-emption Act. |
Sections 3(3) and 8(2). |
For “Provincial Government”
wherever it occurs substitute
“Board of Revenue”. |
|
1916 |
II |
[19]The Punjab Medical
Registration Act. |
Section 5 |
In sub-section (1) for clauses (b) and (c) substitute the following: “(b) six
members nominated by the Provincial Government, four of whom shall be from
the districts constituting the Punjab and two from the districts constituting
the North-West Frontier Province before the creation of the Province of West
Pakistan”. |
|
1932 |
I |
The Punjab Nurses
Registration Act. |
Section 2 |
Delete “Punjab” from clause (a)
and also from clause (d) where it occurs for
the first time. |
|
|
|
|
Section 3 |
Delete “Punjab” from sub-section
(1) and clauses (a) and (b) of sub-section (2). |
|
|
|
|
Section 8 |
Delete “Punjab”. |
|
1934 |
VII |
The
Punjab Relief of Indeb-tedness Act. |
Sections 1(2), 8, 9, 13 (4)
and 15-A(2). |
After “Provincial Government”
wherever it occurs insert “or the
Board of Revenue”. |
|
1935 |
V |
The Punjab State Aid to
Industries Act. |
Section 2 |
In Clause (4) delete
“Punjab”. |
|
|
|
|
Section 3 |
In
sub-section (1)— (i) In clauses (a) and (b) delete “Punjab”, (ii) For clause(d)substitute
the following, namely— “(d) Five members to be appointed by the
Provincial Government from among the residents of the Punjab as it existed
before the coming into being of the Province of West Pakistan”. |
|
|
|
|
Section 4 |
Delete the section. |
|
|
|
|
Section 9 |
Delete the first proviso and the word “further” from the
second proviso. |
|
1936 |
II |
The Punjab Debtors’
Protection Act. |
Sections 3(2), (3) and
4(2). |
For “Provincial Government” substitute “Board of Revenue”. |
|
|
|
|
Section 6-A |
For “Financial Commissioner” substitute “Board of Revenue”. |
|
1936 |
III |
[20]The Punjab Entertainment
Duty Act. |
Section 3 |
In sub-section (1) for “the Punjab” substitute’
“West Pakistan”. |
|
1936 |
IV |
[21]The
Punjab Consolidation of Holdings Act. |
Sections 1(2), 2(1)(c),
2(1)(f), 3(2-A) and 4(3). |
For “Provincial Government”
wherever it occurs substitute
“Board of Revenue”. |
|
|
|
|
Section 24 |
For “Financial Commissioner” substitute “Board of Revenue” and for “himself” substitute
“itself” and for “he” wherever it occurs
substitute “it”. |
|
1938 |
IV |
[22]The
Punjab Restitution of Mortgaged Lands Act. |
Section 3(2) and 3(2a). |
For “Provincial Government” substitute “Board of Revenue”. |
|
|
|
|
Section 10 (b) |
For “Financial Commissioner” substitute “Board of Revenue” and thereafter insert “only on a point of law”. |
|
|
|
|
Section 10-A |
For “Financial Commissioner” substitute “Board of Revenue” for “his” substitute “its” and for “he”
wherever it occurs substitute “it”. |
|
|
|
|
Section 11(1) (b) |
For “Financial Commissioner” substitute “Board of Revenue”. |
|
1939 |
XI |
[23]The Punjab Village
Panchayat Act. |
Section 6 (5) |
For “Government” where it
occurs for the second time substitute “Deputy Commissioner”. |
|
1940 |
VI |
[24]The Punjab Thal Increase in
Value Act. |
Sections 3(1), 3(2), 7(1),
8 and 9. |
For “Government” substitute “the Board of Revenue”. |
|
1940 |
XVIII |
[25]The Punjab Primary Education Act. |
Section 2 |
(i) In clause (b) Omit “Punjab”. (ii) After
clause (h) insert the following new
clause namely: “(i) “Government” means the Provincial
Government”. |
|
1941 |
XII |
[26]The Punjab Weights and
Measures Act. |
Section 3 |
(i) In clause (3) for “His Majesty’s Mint at Bombay” substitute “Pakistan Mint at Lahore”. (ii) In clause (4) for “Bombay” substitute
“Lahore”. |
|
|
|
|
First Schedule |
(i) Under the heading
“Explanation of dry and wet measure” in paragraph 1 for “Bombay” substitute
“Lahore”. |
|
|
|
|
|
(ii) Under the heading
“Standard measures of length” for “Bombay”
substitute “Lahore” and Omit “Officer Incharge, Mathematical
Instrument Office Calcutta”. |
|
1941 |
XV |
[27]The City of Lahore
Corporation Act. |
Section 11 |
(i) For “two” substitute
“six”. (ii) For the full-stop at the end of the existing proviso substitute a colon and add the
following provisos thereafter:- “Provided
that the bye-election for filling
the vacancy of a councillor shall be held within a period of six months from
the date of occurrence of the vacancy: Provided
further that in no case shall a bye-election be held within a period of six
months of the date on which the term of office of Councillor expires and such
vacancy shall be left unfilled: Provided
also that if a question arises whether the bye-election was held within six
months from the date of occurrence of the vacancy or when the term of office
of Councillor expires it shall be referred to the Provincial Government whose
decision in the matter shall be final”. |
|
|
|
|
Section 12(b) |
For “Corporation” where it
occurs for the second time substitute “Provincial Government”. |
|
|
|
|
Section 91 |
In sub-section (1), for “Punjab” substitute
“West Pakistan”. |
|
|
|
|
Section 94(2) |
For “Punjab” substitute
“West Pakistan”. |
|
1948 |
I |
[28]The West Punjab Border
Police Act. |
Section 2 |
Omit “Punjab”. |
|
1948 |
VI |
The West Punjab Highways
Act. |
Section 13 |
In clause (vi) Omit
“Lahore”. |
|
1950 |
XVI |
The
Punjab
[29]Crown
Lands (Resumption of Grants and Extinguishment of Rights) Act. |
Section 2(iii) |
Omit “of the Punjab”. |
|
1950 |
XXII |
[30]The Punjab Orphanages,
Widows’ Homes and Marriage Bureaux Act. |
Section 2 |
In this Act for “Bureaux” wherever it occurs substitute “Bureau”.In subsection (II)
Omit “of the Punjab”. |
|
1951 |
X |
[31]The
Agriculturists’ Loans (Punjab Amendment) Act, 1951. |
Section 2 |
For “Financial Commissioner” substitute “Board of Revenue”. |
|
1951 |
XVI |
[32]The
Punjab Agricultural Income-tax Act. |
Section 2 |
For “Punjab Legislative
Assembly” substitute “Provincial
Assembly of West Pakistan”. |
|
|
|
|
Section 2(3), proviso and
3(2). |
For “Government” substitute “Board of Revenue”. |
|
|
|
|
Section 3(1) |
For “the Punjab” substitute “West Pakistan”. |
|
|
|
|
Section 3(3) |
For “Financial Commissioner” substitute “Board of Revenue”. |
|
|
|
|
Section 11(4) |
For “Government of the Punjab” substitute “Provincial Government”. |
|
1952 |
VI |
[33]The Punjab Muslim Auqaf
Act. |
Section 17 |
After “appointed” insert “by the Government” and Omit “in the manner provided in
section 5”. |
|
1952 |
XXI |
The
Punjab Soil Reclamation Act. |
Section 4 |
In sub-section (1) Omit “Punjab”. |
|
|
|
|
Section 48 |
In sub-section (1), in clause (vii) Omit “Punjab”. |
|
1953 |
XIV |
The Punjab Youthful
Offenders Act. |
Section 14 |
In sub-section (1) for the words “Sessions Judge” where they occur for the second time, substitute the words “Court of
Sessions”. |
|
1954 |
IX |
[34]The Punjab Education
(Control of Unrecognized Private Institutions) Act. |
Section 2 |
For “Education Department of
the Punjab” substitute “Education
Department of West Pakistan”. |
|
1955 |
VIII |
[35]The Punjab Secondary
Education Act. |
Section 4 |
(i) For clause (iv) of sub-section (1) substitute the following:- “(iv) Two persons from the districts of
Bahawalpur, Bahawalnagar and Rahimyarkhan to be nominated by Government”. (ii) For clause (v) of sub-section (1), substitute the following:- “(v) One person from the Quetta Division to be
nominated by Government”. |
|
|
|
|
Section 10 |
In clause (iii) of
sub-section (2), for “Punjab
Education Department” substitute
“West Pakistan Education Department”. |
|
|
|
|
Section 11 |
Omit “Punjab”. |
|
1955 |
X |
The
Co-operative Societies (Punjab Amendment) Act. |
Section 3 |
In clause (b), insert
“Provincial” before “Government”. |
|
1955 |
XIII |
[36]The Punjab Wild Birds and
Wild Animals Protection Act. |
Section 7 |
After “Government” insert
“or the Commissioner” and for “it
may grant to any person” substitute
“any person may be granted” and for “it
may impose” substitute “may be
imposed”. |
|
|
|
|
Section 8(1) |
After “Government” where it occurs first insert “or the Commissioner”. |
|
|
|
|
Section 8(2) |
After “Government” where it occurs first insert “or the Commissioner”. |
|
1955 |
XIV |
[37]The Punjab Land Utilization
Act. |
Section 2(i) |
For “Government of the Punjab” substitute “Provincial Government”. |
|
|
|
|
Sections 4, 6, 7 and 12 |
For “Government” substitute “the Board of Revenue”. |
|
|
|
|
Section 8 |
For “Government, or some officer authorised by the
Government in this behalf” substitute
“Commissioner”. |
|
|
|
|
Sections 11 and 28 |
For “Government” where it
occurs for the second time substitute “Board of Revenue”. |
|
1955 |
XVI |
[38]The Punjab University Act. |
Section 16(1) |
(a) Omit “Punjab” from
clause (iv) of Head ‘A’. (b) (i) For clause (iii) of Part B substitute
the following:- |
|
|
|
|
|
“(iii) Two
persons from the districts of Bahawalpur, Bahawalnagar and Rahimyarkhan to be
nominated by the Government”. (ii) For
clause (v) of Part B substitute the
following:- “(v) One person from the Quetta Division to be
nominated by Government”. |
SIND ACTS
|
||||
|
1874 |
II |
The Civil Jails Act |
Section 16-A |
Omit sub-section (5). |
|
1879 |
V |
The
Sind Land Revenue Code
[39][and
the Bombay Land Revenue Code, as in force in the District of Karachi.] |
Section 3 |
Insert the following as new sub-section, namely:- “(30) “Board of Revenue” means the Board of
Revenue established under the West Pakistan
[40][Board of Revenue] Act,
1957”. |
|
|
|
|
Section 4 |
(i) For “Revenue Commissioner” where it occurs for the first time substitute
“Board of Revenue”. (ii) Replace the semi-colon after “Division” in
the last sentence by a full-stop. |
|
|
|
|
Section 8 |
(i) Insert “Board of Revenue and the”
before “Revenue Commissioner” where it occurs for the first time. |
|
|
|
|
|
(ii) Insert “or the
Board of Revenue” after the words “Provincial Government” where they occur
for the last time. |
|
|
|
|
Sections 10, 38, 41, 44,
53, 55, 95, 98, 108, 117-A (3), 118, 126, 146, 148, 152, 154, 183, 198, 204,
206, 209, 211, 212, and 213. |
For the words “Provincial
Government” wherever they occur substitute
“Board of Revenue”. |
|
|
|
|
Section 12 |
For “Provincial Government”
where it occurs for the first time substitute “Commissioner” and where it
occurs for the second time substitute “Board of Revenue”. |
|
|
|
|
Section 17 |
After the words “Provincial
Government” insert a comma and the
words “Board of Revenue”. |
|
|
|
|
Section 18 |
After the words “Provincial
Government” occurring for the last
time insert “or the Board of
Revenue or the Commissioner”. |
|
|
|
|
Section 37(1) |
After “Revenue Commissioner” insert “and Board of Revenue”. |
|
|
|
|
Section 135-H |
In sub-section (3) Omit “or the Chief Court of Sind”. |
|
|
|
|
Section 158 |
For “Provincial Government”
occurring for the first time substitute “Board of Revenue”. |
|
|
|
|
Sections
216 (IA) and
216 (IB). |
For “Revenue Commissioner for Sind” substitute
“Board of Revenue”. |
|
1879 |
VII |
The Sind Irrigation Act [41][and
the Bombay Irrigation Act, as in force in the District of Karachi.] |
Section 90 |
Omit the first proviso, and in
the second proviso Omit “further”. |
|
1881 |
IV |
The Sind Village Officers
Act. |
Section 3 |
For “Provincial Government” substitute “Board of Revenue”. |
|
1882 |
VII |
The
Sind Landing and Wharfage Fees Act,
[42][and
the Bombay Landing and Wharfage Fees Act, as in force in the District of
Karachi.] |
Section 4 |
Omit “in relation to a major
port means the Central Government, and save as aforesaid”. |
|
1901 |
III |
The Sind District Municipal
Act. |
Section 18 |
For the full-stop appearing at the end substitute a colon and add the
following proviso thereafter:- “Provided that if the
vacancy be of an elected Councillor the bye-election for filling the vacancy
shall be held within a period of six months from the date of occurrence of
the vacancy: Provided further that in no case shall a
bye-election be held within a period of twelve months of the date on which
the term of office of Councillors expires and such vacancy shall be left
unfilled: Provided also that if a question arises
whether the bye-election was held within six months from the date of
occurrence of the vacancy or when the term of office of Councillors expires
it shall be referred to the Provincial Government whose decision in the
matter shall be final”. |
|
|
|
|
Section 37 |
For “in accordance with the rules to be made by the
Municipality in this behalf” substitute
“with the previous sanction of the Commissioner”. |
|
|
|
|
Section 46 proviso (a) |
For
proviso (a) substitute the
following:- “(a) No rule made, or
alteration or rescission of a rule made under this section shall have effect
unless and until it has been approved by the Commissioner”. |
|
1906 |
II |
The Mukhtiarkars’ Courts
Act, [43][and
the Mamlatdars Court Act, as in force in the District of Karachi.] |
Section 3(a) |
For “Provincial Government” substitute “Board of Revenue”. |
|
|
|
|
Section 4(1) |
For “Provincial Government” substitute “Board of Revenue”. |
|
|
|
|
Section 4 (3) |
For “Provincial Government” substitute[44] [Board of Revenue] |
|
1923 |
VI |
The Sind Local Boards Act. |
Section 33 |
For the existing provisos substitute the following:- “Provided that if the vacancy be of an elected member the
bye-election for filling the vacancy shall be held within a period of six
months from the date of occurrence of the vacancy: Provided further that in no case shall a bye-election be held
within a period of twelve months of the date on which the term of office of
members expires and such vacancy shall be left unfilled: Provided also that if a question arises
whether the bye-election was held within six months from the date of
occurrence of the vacancy or when the term of office of members expires it
shall be referred to the Provincial Government whose decision in the matter
shall be final”. |
|
|
|
|
Section 125(1) |
Insert “Commissioner or” before
“Collector”. |
|
|
|
|
Section 127 |
(i) For
“Provincial Government” wherever it occurs substitute “Commissioner”. (ii) Add as sub-section (4) after sub-section
(3):- “(4) When a Commissioner makes any order under
this section he shall forthwith forward to the Provincial Government a copy
of the order with a statement of the reasons for making it and with such
explanation, if any, as the board or committee concerned may wish to offer.
The Provincial Government may thereupon confirm, modify or rescind the
order”. |
|
1924 |
XIII |
|||