Updated: Monday May 23, 2016/AlEthnien
Sha'ban 16, 1437/Somavara
Jyaistha 02, 1938, at 06:29:55 PM
The Enemy Property (Continuance of Emergency
Provisions) Ordinance, 1977
ORDINANCE No. XXXIV OF 1977
[26th September, 1977]
An Ordinance 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;
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 President
is satisfied that circumstances exist which render it necessary to take
immediate action;
NOW, THEREFORE, in pursuance
of the Proclamation of the fifth day of July, 1977 read with the Laws
(Continuance in Force) Order, 1977 and in exercise of all powers enabling him
in that behalf, the President is pleased to make and promulgate the following
Ordinance:---
l. Short title, extent
and commencement__(l)'This Ordinance may be called the Enemy
Property (Continuance of Emergency Provisions) Ordinance, 1977.
(2) It extends to the whole
of
(3) It shall come into
force at once and shall be deemed to have taken effect on the fifteenth day of
September, 1977.
2. Continuance of certain
emergency provisions. Notwithstanding
the repeal of the Defence of Pakistan Ordinance, 1971.
(a) the provisions of the Defence of Pakistan Rules mentioned in
the first column of the Schedule shall continue in force, and shall have effect
subject to the modifications specified in the second column thereof;
(b) any order of 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 Federal 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 Federal
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 Federal
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
sub-section (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 Federal
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 Federal Government before the commencement of
this Ordinance and inforce immediately before such commencement shall continue
in force and be deemed to be made by the Federal Government under this section.
5. Savings as to orders,
etc.—(1) Notwithstanding
the repeal of the Defence of Pakistan Ordinance, 1971 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 order 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.
(2) 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.
(3) 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 provisions, a court shall, within
the meaning of the Evidence Act, 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 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 thereunder.
(2) No suit or other legal
proceeding shall lie against the Government for any damage cause 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 thereunder.
THE SCHEDULE
(See Section 2)
Provisions of the Defence of
|
|
Number
and title of Rule |
Modification |
|
|
|
1. |
Short
title. |
|
||
|
3. |
Interpretation. |
Sub-rules
(2) and (3) shall be omitted. |
|
|
|
5. |
Non-compliance
with these rules or orders made thereunder. |
_____ |
|
|
|
164. |
Definition. |
_____ |
|
|
|
165. |
Prohibition
of trading with the enemy. |
_____ |
|
|
|
166. |
Control
of rights, etc., in respect of trading with the enemy. |
_____ |
|
|
|
167. |
Power
to appoint Controllers, etc., of Enemy trading. |
_____ |
|
|
|
168. |
Powers
of Controllers, etc., of Enemy Trading. |
_____ |
|
|
|
169. |
Supervision
of suspected business. |
_____ |
|
|
|
170. |
Penalty
for failure to comply with orders of controller, etc. |
_____ |
|
|
|
171. |
Penalty
for concealment, destruction, etc., of books or documents. |
_____ |
|
|
|
172. |
Definitions. |
_____ |
|
|
|
173. |
Prohibition
of trade with enemy firms and purchase of enemy currency. |
_____ |
|
|
|
174. |
Power
to appoint Controllers, etc., of enemy firms. |
_____ |
|
|
|
175. |
Powers
of Controllers, etc., of enemy firms. |
_____ |
|
|
|
Number
and title of Rules |
Modification |
|||
|
176.
Supervision of suspected business. |
— |
|||
|
177.
Supervision of firms suspected to be enemy firms. |
— |
|||
|
178.
Penalty for failure to comply with orders of Controller, etc. |
— |
|||
|
179.
Penalty for concealment, destruction, etc, of books or documents. |
— |
|||
|
180.
Contracts with enemy firms. |
— |
|||
|
181.
Transfer of property to or by enemy firms. |
— |
|||
|
182.
Transfer and allotment of securities to or by enemy firms. |
— |
|||
|
183.
Transfer of negotiable instruments, and actionable claims, by enemy firms. |
— |
|||
|
184.
Power to carry on business of enemy firm. |
— |
|||
|
185.
Collection of debt of enemy firms and administration of property. |
— |
|||
|
186.
Power to control and wind up certain business. |
— |
|||
|
187.
Constitution of Boards for certain purposes. |
— |
|||
|
188.
Power to obtain information. |
— |
|||
|
189.
False statements. |
— |
|||
|
190.
Power to require production of books. |
— |
|||
|
198.
Attempts, etc., to contravene the rules. |
— |
|||
|
199.
Offences by corporations. |
— |
|||
|
201.
Burden of proof in certain cases. |
— |
|||
|
209.
Cognizance of contravention of the rules. |
Sub-rules
(3) and shall be omitted. |
|||
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
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