Updated: Monday February 17, 2014/AlEthnien
Rabi' Thani 17, 1435/Somavara
Magha 28, 1935, at 11:05:38 AM
The Enemy Property (Continuance of Emergency
Provisions) Ordinance, 1969
ORDINANCE I OF 1969
(ENEMY PROPERTY (CONTINUANCE OF EMERGENCY PROVISIONS)
ORDINANCE, 1969)
An
Ordinance to provide for the continuance of certain provisions of the Defence
of
[Gazette of
No. F. 24 (1)/69‑Pub.‑The following
Ordinance made by the President on the 16th February 1969, is hereby published
for general information:‑--
Whereas it is expedient to provide for the continuance
of certain provisions of the Defence of Pakistan Rules relating to the control
of trading with enemy and control of enemy firms, and the administration of the
property belonging to them;
And whereas the National Assembly is not in session
and the President is satisfied that circumstances exist which render immediate
legislation necessary;
Now, therefore, in exercise of the powers conferred by
Article 29 of the Constitution and of all other powers enabling him in that
behalf, the President is pleased to make and promulgate the following
Ordinance:---
1. Short title, extent and commencement.‑ (I) This Ordinance
may be called the Enemy Property (Continuance of Emergency Provisions)
Ordinance, 1969.
(2) It extends to the whole of
(3) It shall come into force on the day on which the
Defence of Pakistan Ordinance, 1965 (XXIII of 1965), ceases to have effect
under clause (7) of Article 30 of the Constitution.
2. Continuance of certain emergency provisions... Notwithstanding the Defence of Pakistan Ordinance,
1965 (XXIII of 1965), ceasing to have effect,---
(a) the
provisions of the Defence of Pakistan Rules mentioned in the first column of
the Schedule to this Ordinance shall continue in force, and shall have effect
subject to the modifications specified in the second column thereof;
(b) any order or other instrument made or deemed to be
made under or in pursuance of any of the said provisions and in force
immediately before the commencement of this Ordinance shall continue in force
so far as consistent with the provisions as continued in force by this section
and be deemed to be made under or in pursuance of the provisions so continued
in force.
3. Effect of rules, etc. inconsistent with other
enactments ‑‑ The
provisions of the Defence of
Pakistan Rules as continued in force by section 2 and all orders made or
deemed to be made under such provisions shall have effect notwithstanding
anything inconsistent therewith contained in any enactment other than this
Ordinance or in any instrument having effect by virtue of any enactment other
than this Ordinance.
4. Delegations.‑(1) The Central Government may by order direct that any
power or duty which by or under any of the provisions as continued in force by
section 2 is conferred or imposed upon the Central Government shall in such
circumstances and under such conditions, if any, as may be specified in the
direction be exercised or discharged,---
(a) by any officer or authority subordinate to the
Central Government, or
(b) by any Provincial Government or by any officer or
authority subordinate to such Government, or
(c) by any other authority.
(2) A
Provincial Government may by order direct that any power or duty which has been
directed under subsection (1) to be exercised or discharged by the Provincial
Government shall, in such circumstances and under such conditions, if any, as
may be specified in the direction, be exercised or discharged by any officer or
authority, not being an officer or authority subordinate to the Central
Government.
(3) All orders delegating any power or duty conferred
or imposed by any of the provisions continued in force by section 2 made by the
Central Government before the commencement of this Ordinance and in force
immediately before such commencement shall continue in force and be deemed to
be made by the Central Government under this section.
5. Savings as to orders, etc.‑(1) Notwithstanding the Defence of Pakistan Ordinance,
1965 (XXIII of 1965), ceasing to have effect and anything contained in any
other law, treaty or agreement for the time being in force or any other
instrument having the force of law, all orders and notifications issued and
action taken before the commencement of this Ordinance relating to the entry,
exit or transit, of traffic to or from any country by rail, road or river
transport shall continue in force and shall have effect as if issued or taken
under this Ordinance.
No order made or deemed to be made in exercise of any
power conferred by or under any of the provisions continued in force by section
2 shall be called in question in any Court.
Where an order purports to have been made and signed
by any authority in exercise of any power conferred by or under any of the
aforesaid .a provisions, a Court shall, within the meaning of the Evidence Act,
1872 (I of 1872), presume that such order was so made by that authority.
6. Protection of action taken under rules.‑(1) No suit, prosecution or other legal proceeding shall
lie against any person for anything which is in goon faith done or intended to be
done in pursuance of any of the provisions Continued in force by section 2 or
any order made or deemed to be made there under.
(2) No suit or other legal proceeding shall lie
against the Government for any damage caused or likely to be caused by anything
in good faith done or intended to be done in pursuance of any of the provisions
continued in force by section 2 or any order made or deemed to be made
there under.
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