Updated: Friday March 07, 2014/AlJumaa Jamada El Oula 06, 1435/Sukravara Phalguna 16, 1935, at 09:34:20 PM

The Azad Jammu and Kashmir Adaptation of Laws Resolution, 1948

 

RSL... Resolution No. 279

 

Resolution No. 279: As recommended by the Secretary Law arid Order, Azad Jammu and Kashmir Government in his memorandum dated the 22nd. March, 1948, (Appendix 'C') the follow enactments will come into force in Azad Kashmir territory as they are in force in the West Punjab and they shall also he deemed to have been in fo5@ 


The Arms Act (XI of 1878)3


5 The Code of Civil Procedure (V of 1908)


6 The Police Act. (V of 1861)


7 The Shariat Act. (IX of 1948)


8 The Land Revenue Act. (X VII of 1887)4


9 The Tenancy Act. (XVI of 1887)


10 The Courts Act. (VI of 1918)


Rest of the recommendations contained in the memorandum referred to above (Appendix 'C') from items 3 to 5 are accepted immediate effect wills he given to all the implications of this Council Order. This memorandum so far as its contents are concerned from item 2 to 5 will form part of this Council Order. No. 1 as contained in item No. 1 will be considered later on


1. This Resolution has been reported from the AJ&K Laws Code, Volume 1


2. This Act was replaced with the Qanun-e-Shahadat order, 1984; the Qanun-e-Shahadat (Adaptation) Act, 1988 (Act I of 1988).


3. This Act was replaced with the W.P. Arms Ordinance, 1965 (XX of 1965); see the AJ&K W.P. Arms Ordinance (Adaptation) Ordinance, 1991.


4. This Act was replaced with W. P. Land Revenue Act, 1967 (Act XVII of 1967); see the AJ&K Adaptation of Laws Act, 1988.


NOTIFICATION VIZ ADAPTATION OF LAWS OF OLD REGIME


NOTIFICATION NO 3323 [DATED DECEMBER 16, 1949]


Whereas under the present International Law it rests with the people of a territory to form their own Government through their own representatives.


It is the inherent right of the people of Azad Kashmir to exercise political powers necessary for the maintenances of Law and Order, for the safety and proper Administration of Azad Kashmir Territory by applying domestic and local Laws with certain modifications without ignoring the rights of the inhabitants of the Azad Kashmir Territory; it is hereby notified that under section 3 of the Azad Kashmir Courts and Laws Code of 1949, all laws and enactments of the old regime inconsistent with tile provisions of the said Code or with enactments passed or adapted by the Azad Kashmir Government have been repealed and all the remaining laws of the old regime have, as far as practicable been approved to continue to remain in force. All references to "his Highness" or "Government" ill such laws are to be construed to refer to "Azad Kashmir Government" A list of some of these laws is annexed herewith as Appendix "A" subject wise. This list is not exhaustive and all laws that continue to remain oil the statue Book of the Azad Kashmir Government are to be interpreted in spirit in their application to Azad Kashmir Territory and the work of modification shall according to the needs of time however, continue.


Sd/ Ministerl/c Legislation 

Azad Jammu and Kashmir Government

 

APPENDIX "A"

 

I‑ GENERAL.


1. Explosive Substances Act. 2. Contract Act.

 

3: Companies Act. 4. Destruction of Records Act.


5. Easements Act. 6. Explosive Act.


7. Fatal Accidents Act. 8. Gambling Act.


9. Guardians and Wards Act. 10. General Claims Act.


11. Legal Representatives Suits Act. 12. Lunacy Act.


13. Majority Act. 14. Negotiable Instruments. Act.


15. Probate and Administration Act. 16. Partition Act.


17. Petroleum Act. 18. Registration Act.


19. Succession (Property Protection) Act 20. Specific Relief Act


21 Succession Certificate Act. 22. Stamp Act.


23. Trust Act 24. Transfer of Property Act


25 Muslim Dower Act 26 Usurious Loans Act


27 Religious Endowments Act. 28. Court of Wards Act.


29. Land Acquisition Act. 30. Right of Prior Purchase Act.


31. Alienation of Land Act. 32. Sale of Goods Act.


33. Partner‑ship Act. 34. Census Act.


35. Local Authorities Leans Act 36. Bankers Books Evidence Act.


II. Laws relating to Agriculture, Agriculturists and Forests


1. Agriculturists Relief Act.


2. Aid to Agriculturists and Land Improvements Act.


3. Alienation of Land Act.


4. Kuth Act.


5. Forest Act.


6. Forest (sale of timber) Act.


III. Laws relating to Animals Animal Husbandry and Veterinary.


1. Glander and Farcy Act.


2. Prevention of Cruelty to Animals Act.


3. Live Stock Improvement Act.

 

IV. Laws relating to Law Courts


1. Judicial Officers Protection Act.


2. Official Secrets Act.

 

V. Laws relating to Officials.


1. Public Servants Enquires Act.


2. Official Secrets Act.

 

VI. Laws relating to Health.


1. Poison Act.


2. Vaccination Act.


3. Village Sanitation Act.


4. Epidemic Diseases Act

 

VII. Laws relating to Army.


1. Army Act.


2. Army (Suspension of sentences) Act.


3. State Soldier's Litigation Act.


4. Indian Soldier's Litigation Act.

 

VIII. Laws relating to Social, Moral and Educational Matters


1. Juvenile Smoking Act.


2. Primary Education Act.


3. Suppression of Immoral Traffic Act.


4. Prevention of Ram Resume Act.

 

IX Laws relating to commerce, Industries, and Milting


1. Patents and Designs Act.


2. Copy right Act.


3. cinematographs Act


4. Boiler's Act. 


5. Aid to Industries Act.


6. Co‑operative Societies Act


7. Electricity Act.,


8. Water Mills Act

 

X (a) Communications and Transport


1. Motor Vehicles Act.


2. Air Craft Act.


3. Post Offices Act.


4. Telegraph Act.


5. Wireless Telegraphy Act.

 

(b) Publicity.


1. Press and Publication Act

 

XI. Jails.


1. Prisons Act.


2. Prisoners Act:


3. Identification of Prisoners Act.

 

XII. Foreigners and Frontiers and Frontiers.


1. Registration of Foreigners Act.

 

XIII Hindu Law


1. Hindu Law (Anglo-Indian)


2. Hindu Disposition of Property Act


3 Hindu Law of Inheritance Act.


4. Hindu Inheritance (Removal of Disabilities) Act.


5. Hindu Widows, Re‑marriage and Property Act.

 

XIV. Finance, Taxes, Toll, Excise, Customs.


1. Customs Act.


2. Excise Act.


3. Income Tax Act.


4. Levy of Tolls Act.


5. Octori Act.


XV. Local Self-government including Panchayasts, Local Bodies, Municipalities


1. Village Panchayat Act


2 Town Area Act.


3. Municipal Act.


4. Town Planning Act.


5. Cantonment Act.

 

THE AZAD KASHMIR ADAPTATION OF LAWS ACT, 1959

 

(Act I of 1959)

 

(Passed under Council Order No. 21/59 dated 12‑1‑1959)


Whereas it is necessary to adapt and to enforce certain laws of Pakistan in the Azad Jammu and Kashmir Territory; it is hereby enacted as follows:---


1 (i) This Act may be called the Azad Kashmir Adaptation of Laws Act, 1959.


(ii) It shall extend to the whole of the Azad Jammu and Kashmir Territory and shall come into force at once.


2. In this Act, unless there is anything repugnant in the subject or context, the expression:---

(i) "Government" shall mean the Azad Jammu and Kashmir Government;


(ii.) "Laws" shall mean any Proclamation, Act, Ordinance. Regulation, Rule or Order having the force of law;


(iii) "Previous Law" shall mean a law in force in the Azad Jammu and Kashmir Territory immediately before the coming into fore of this Act and corresponding to any law under this Act.


3. The laws of Pakistan as contained in the Schedule to this Act and all rules, notifications and orders made thereunder and in force immediately before the commencement of this Act, are adapted and shall, as far as practicable, be in force in the Azad Jammu and Kashmir Territory subject to lie modifications as stated below:‑--


(i) All cases pending in Courts on the coming into force of this Act, shall be tried and decided according to the provisions of the previous law.


Explanation: "Pending case" shall include a case till its final appellate or Revisional stage;

(ii) The expressions "Government", "Central Government", 'Provincial Government", "Crown", "President", "Governor" or any other expressions power worded referring to any Executive Government, shall, Is far as practicable, be construed to refer to the Azad Kashmir Government and' references to Pakistan or any part of Pakistan shall be construed to refer to the Azad Jammu and Kashmir Territory;


(iii) The expressions "evacuee", "evacuee property", "refugee" and "foreigner" shall have the same meanings as are assigned to them under any previous law;


(iv) 2[(a) References to "Regional Transport Authority" or "Provincial Transport Authority" in the Motor Vehicles Act, 1939, shall be construed as references to the "Azad Kashmir Provincial Transport Authority" constituted by the Government;


(b) The Azad Kashmir Provincial Transport Authority constituted under sub clause (a) shall consist of a Chairman and such number of other members not exceeding three of whom at least one shall be a non‑official as the Government may think fit to appoint; and the Chairman and the members of the Authority shall hold office during the pleasure of the Government:---


Provided that no person who has any financial interest, whether as proprietor, employee or otherwise in any transport under‑taking shall be appointed as or continue as a member of the Provincial Transport Authority, and, if any such person being a member of the Authority, acquires a financial interest in any transport undertaking he shall, within four weeks of so doing, give notice in writing to the Government of the acquisition of such interest and shall vacate office.


(c), The Government may, by order, enforce in the State amendments made and that may in future be made in Income Tax Act, 1922, or in the rates of income tax, super tax and other matters connected therewith under any Finance Ordinance or other law relating thereto promulgated or that may in future be promulgated by the Government of Pakistan from time to time.


(v) Notwithstanding anything contained to the contrary in the Punjab Municipal Act or the rules framed thereunder the Deputy Commissioner and the District Medical Officer shall respectively continue to be the Ex-officio Chairman and Secretary of each Municipal "Committee;


(vi) The rates of taxes, fees and duties referred to in the Central Excise and Salt Act, the West Pakistan Entertainments Duty Act and the West Pakistan Motor Vehicles Taxations Act or the rules framed thereunder shall be such as may be fixed by the Government from time to time provided that the rates prevalent in Azad Kashmir immediately before the commencement of this Act shall continue till they are altered or modified;

(vii) (a) The Income Tax, Act, 1922 shall come into force from the first day of April, 1959, along with the rates of income tax and super tax as in force in Pakistan on that date;


(b) The rates of income tax and super tax referred to in the Income Tax Act, 1922 shall be laid down by the Government for a particular financial year provided that if no such rates are laid down by the Government the rates in force in the preceding year shall continue;

(viii) The rules contained in the Punjab Jail Manual shall, as far as practicable, apply to jails to the extent of their consistency with the laws in force in Azad Kashmir provided that the scale and description of diet of prisoners shall be fixed by the Inspector General of Prisons with the previous sanction of the Government.


(ix) The West Pakistan .Tobacco Vend Act, 1958, shall apply to urban as well as rural areas.

4. The Laws of Pakistan referred to in Section 3 of this Act, shall apply to the Azad Jammu and Kashmir Territory, as they are in force in the part of West Pakistan formerly known as the Punjab immediately before the commencement of this Act; Provided that if any of these laws is not applicable to the said part it shall be in force in the Azad Jammu and Kashmir Territory as it applies to any other part of Pakistan.


5. The laws of Pakistan governing Coinage and Currency, Saving Banks, Post Offices and Telegraphs established by the Government of Pakistan shall be deemed to continue to apply to the Azad Jammu and Kashmir Territory as the corresponding British Indian Laws ere applicable to the Jammu and Kashmir State before August 14, 1947.


6. If immediately before the coming into force of this Act there is in force in the Azad Kashmir Territory any law to any law adapted under this Act it shall, subject to the other provisions of this Act, cease to have effect on and from the date of the commencement of this Act:---


Provided that the provisions of this Act shall bot render invalid anything duly done before the coming into force of this Act under the provisions of any previous law.


7. If any difficulty or question arises in giving effect to the provisions of this Act or in regard to the constructions to be placed on any adaptation, the Government may, from time to time, make such provisions or give such directions as appear to it to be necessary for the purpose of removal of such difficulty.

 

SCHEDULE

 

(TO THE AZAD KASHMIR ADAPTATION OF LAWS ACT, 1959)

 

(Sec Section 3)


1. Agriculturist's Loans Act (XVII of 1958) (West Pakistan).


2. Ancient Monuments Preservation Act (VII of 1904) 4


3. Arbitration Act (X of 1940).


4. Bankers Books Evidence Act (XVIII of 1891).


5. Boilers Act (V of 1923).


6. Canal and Drainage Act (VIII of 1873).


7. Cantonments Act (II of 1924).


8. Carriers Act (III of 1865).


9. Cattle Trespass Act (I of 1871).


10. Central Excise and Salt Act (I of 1944) 5


11. Charitable and Religious Trust Act (XIV of 1920).


12. Charitable Endowment Act (VI of 1890).


13. Child Marriage Restraint Act (XIX of 1929).


14. Cinematograph Act (II of 1918).


15. Companies Act (VII of 1913).6


16. Contempt of Courts Act (XII of 19267


17 Contract Act (IX, of 1872) 


18 Co‑operative Societies Act (II of 1912)8


19. Copy‑right Act (III of 1914). 


20. Criminal Law Amendment Act (XIV of 1908).


21. Criminal Law Amendment Act (XXIII of 1932).


22. Criminal Law Amendment Act (XX of 1938).


23. Dangerous Drugs Act (II of 1930).


24. Destruction of Records Act (V of 1917).


25. Destructive Insects and Pests Act (II of 1914).


26. Dissolution of Muslim Marriages Act (VIII of 1939).


27. Development of Industries (Federal Control) Act (XIII of 1949)


28. Dramatic Performances Act (XIX of 1876).


29. Easements Act (V of 1882).


30. Electricity Act (IX of 1910).


31. Employers Liability Act (XXIV of 1938).


32. Essential Supplies (Temporary Powers) Act (XXIV of 1946).


33. Explosives Act (IV of 1884).


34. Explosive Substances Act (VI of 1908).


35. Evacuee Property Multiple Allotment Act (VII of 1956).


36. Factories Act (XXV of 1934).


37. Fatal Accidents Act (XVII of XXIII of 1855).


38. The Ferries Act (XVII of 1878).


39. Foreigners Act (XXXI of 1946).


40. General Clauses Act (XXXI of 1897).


41. Glanders and Farcy Act (XIII of 1899).


42. Government Buildings Act (IV of 1899).


43. Government Management of Private Estates Act (X of 1892)


44. Guardians and Wards Act (VIII of 1890).


45. The Hoarding and Black Market Act (XXIX of 1948).


46. Identification of Prisoners Act (XXXIII of 1920).


47. Income Tax Act (XI of 1922).


48. Insurance Act (IV of 1938).


49. Judicial Officers' Protection Act (XVIII of 1850).


50. Land Acquisition Act (I of 1894).


51. Land Acquisition (Mines) Act (XVIII of 1885).


52. Land Improvement Loans Act (XIX of 1883).


53. Legal Representatives Suits Act (XII of 1855).


54. Lepers Act (III of 1898).


55. Local Authorities Leans Act (IX of 1914).


56. Lunacy Act (IV of 1912).


57. Majority Act (IX of 1875).


58. Merchandise Marks Act (1V of 1889).


59. Motor Vehicles Act (IV of 1939).11


60. Mussalman Waqf Act (XLII of 1923).


61. Mussalman Waqf Validating Act (VI of 1913)


62 Mussalman Waqf Validating Act (XXXII of 1930)


63 Negotiable Instruments Act (XXVI of 1881).


64. Oaths Act (X of 1873).


65. Official Secrets Act (XIX of 1923).


66. Opium Act (I of 1878).


67. Partition Act (IV of 1893).


68. Partnership Act (1X of 1932).


69. Patents and Designs Act (II of 1911).


70. Petroleum Act (XXX of 1934).


71. Poison Act (XII of 1919).


72. Police (Incitement to Disaffection) Act (XXII of 1922).


73. Press and Registration (if Books Act (XXV of 1867).


74. Press (Emergency Powers) Act (XXIII of 1931)


75. Prevention of Cruelty to Animals Act (XI of 1890)

 

76. Prevention of Seditious Meetings Act (X of 1911).


77. Prisoners Act (III of 1900).


78. Prisons Act (IX of 1894).


79. Provincial Insolvency Act (V of 1920).


80. Provincial Small Causes Court Act (IX of 1887).


81. Public Accountants Default Act (XII of 1850).


82. Public Gambling Act (III of 1867).12


83. Public Servants (Enquiries) Act (XXXVII of 1850).


84. Pakistan Administration of Evacuee Property Act (XII of 1957).


85. Pakistan Commissions of Inquiry Act (VI of 1956).


86. Pakistan Rehabilitation Act (XVII of 1956).


87. Registration Act (XVI of 1908).


88. Registration of Foreigners Act (XVI of 1939).13


89. Religious Endowments Act (XX of 1863).


90. Religious Societies Act (I of 1880).


91. Sarias Act (XXII of 1867).


92. Sales of Goods Act (III of 1930).


93. Societies Registration Act (XXI of 1860).


94. Soldiers (Litigation) Act (IV of 1925).


95, Specific Relief Act (I of 1877).


96. Stage Carriages Act (XVI of 1861).


97. Stamp Act (II of 1899).


98. Suits Valuation Act (VII of 1887).


99. Trade Marks Act (V of 1940).


100. Transfer of Property Act (IV of 1882).


101. Treasure‑trove Act (VI of 1878).


102. Trusts Act (II of 1882).


103, Usurious Loans Act (X of 1918).


104. Vaccination Act (XIII of 1880).


105. Whipping Act (IV of 1909).


106. Wireless Telegraphy Act (XVII of 1933).


107. Workmen's Compensation Act (VII of 1923).


108. Punjab Court of Wards Act (II of 1903).


109. Punjab Industrial Loans Act (I of 1923).


110. Punjab Juvenile Smoking Act (VII of 1918).


111. Punjab Land Preservation (Chos) Act (II of 1900).


112. Punjab Municipal Act (III of 1911).


113. Punjab Prohibition of Opium Smoking Act (XIII of 1953).


114. Punjab Pure Food Act (VIII of 1929).


115. Redemption of Mortgages (Punjab) Act (II of 1913).14


116. Punjab Small Towns Act (II of 1922).15


117. Punjab Village and Small Towns Patrol Act (VII of 1918).15


118. Punjab Police Rules.


119. Punjab Consolidation of Holdings Act, 1936.


120. State Aid to Industries Act, 1935.


121. 16 [West Pakistan Control of Goondas Ordinance, (XXXV of 1959]


122. Punjab conservation of Cattle (Meatless Days) Act, 1954 ( XVII of 1954)


123. Punjab Essential Articles Act, 1953 (V of 1953).


124. Punjab Articles of Daily Use Act, 1953 (VI of 1953).


125. Punjab Town Improvement Act (IV of 1922).


126. Punjab Highways Act (VI of 1948).


127. Rules tinder the Arms Act.


128. Punjab Village Panchayats Act (Act XI of 1939)15


129. The Punjab Excise Act (I of 1914).


130. The Punjab Motor Spirit (Taxation of Sales) Act (I of 1939).


131. Punjab Jill Manual.


132. West Pakistan Departmental. Inquiries (powers) Act, 1958.


133. West Pakistan Entertainments Duty Act (X of 1958).


134. West Pakistan Epidemic Diseases Act, 1958 (XXXVI of 1958).


135. West Pakistan Essential Services (Maintenance) Act, (XXXIV of 1958).


136. West Pakistan Motor Vehicles Taxation Act (XXXII of 1958).


137. West Pakistan Reduisitiorung of Immovable Property (Temporary Powers) Act
(VII of 1956).


138. West Pakistan Drugs Extension Act, 1958 (XIV of 1958).


139. West Pakistan Foodstuffs Control Act (XX of 1958).


140. West Pakistan Tobacco Vend Act (XXXVIII of 1958).


141. The Central Board of Revenue Act,( ) ]17


1. This Act has been reported from AJ&K Laws Code, Vol. III.


2. Substituted by the Azad Kashmir Adaptation of Laws (Amendment) Act,
1967.


3. Add by the Azad Kashmir Adaptation of Laws (Amendment) Act, 1962.


4. See the Antiquities Act, 1985


5. This Act was again adapted by the AJ&K Excise and Salt (Adaptation) Act, 1990; see notification No FD/2983 3013/70 dated 13‑10‑1970 for adaptation of rules made under Act I of 1944.


6 Replaced with the Companies Ordinance, 1984, as in force in AJ&K; see the AJ&K Companies Ordinance (Adaptation) Act, 1992


7. See the AJ&K Contempt of Court Act, 1993.


8. Replaced with the co‑operative Societies Act, 1925; see the Co‑operative Societies (Application to AJ&K) Act, 1967


9. Repealed by the AJ&K Evacuee Property Multiple Allotment Act, 1961.


10. See the Income tax Ordinance, 1979, as adapted in AJ&K


11. See the AJ&K Motor Vehicles Ordinance, 1971 and rules framed thereunder.


12. Repealed by the AJ&K Prevention of Gambling (Maisar) Act, 1973.


13. See the Azad Kashmir Foreigners Act, 1952 and the Foreigners Order, 1952.


14. Repealed by the AJ&K Redemption and Restitution of Mortgaged Lands Ordinance, 1969.

15. Repealed by the AJ&K Basic Democracies Act, 1960,


16. Substituted by the Azad Kashmir Adaptation Laws (Amendment) Act, 1961.


17. Added by Azad Kashmir Adaptation of Lows (Amendment) Ordinance, 1993.

 

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