The West
Pakistan General Clauses’ Act, 1956
(VI
of 1956)
[30th
June, 1956 ]
An Act to facilitate the interpretations of W. P. Acts and
to shorten the language used therein.
Preamble:---Whereas
it is expedient to shorten the language used in the Acts passed by the West
Pakistan Legislature and to make certain provisions for the construction of,
and other matters relating to such Acts and certain other Acts in force in West
Pakistan;---
It
is hereby enacted as follows:---
Punjab.---For
the words “West Pakistan Legislature” substitute “The Provincial Legislature”.
N.W.F.P.---
For the words “West Pakistan Legislature” insert the words “or Provincial
Assembly”.
1.
Short
title, commencement and extent.---(1) This Act may be called the
West Pakistan General Clauses’ Act, 1956.
(2)
It shall be deemed to have come into
force on and from the 14th day of October, 1955.
(3)
It extends to the whole of the Province of West Pakistan , except the Tribal Areas.
N.W.F.P.---In
sub-section (3), for the words “Province of West Pakistan ”
substitute the words “North-West Frontier Province ”.
Punjab.---(a)
In sub-section (1), the words “West Pakistan ”
shall be substituted by the word “Punjab ”;
(b)
in sub-section (3), the words “West Pakistan ” shall be substituted by the words “the Punjab ”.
2.
Definitions.---In
this Act, and in all West Pakistan Acts unless there is anything repugnant in
the subject or context,---
N.W.F.P.---For
the words “West Pakistan ” substitute the word
“Provincial”.
Punjab.---The
words “West Pakistan ” shall be substituted by
the words “the Punjab ”.
(1)
Abet.---“Abet”
with its grammatical variations and cognate expressions shall have the same
meaning as in the Pakistan Penal Code.
(2)
Act.---“Act”
used with reference to an offence or a civil wrong, shall include a series of
acts, and words which refer to acts done shall extend also to illegal omission;
(3)
Acceding State.---“Acceding
State” shall mean any territory in the Indo-Pakistan sub-continent which the
Federal Government recognizes as a State, whether described as a State or
otherwise, and which has acceded to Pakistan; and
Non-Acceding State.---“Non-acceding State ” shall mean any State so recognized
which has not so acceded;
(4)
Affidavit.---“Affidavit”
shall include affirmation and declaration in the case of persons by law allowed
to affirm or declare instead of swearing;
(4-a) Bahawalpur.---“Bahawalpur ” shall mean the territories comprised in the
State of Bahawalpur immediately before the
fourteenth day of October, 1955;
Punjab.---Clause
(4-a) shall be deleted.
N.W.F.P.---
Clause (4-a) shall be omitted.
(4-b) Baluchistan.---“Baluchistan ” shall mean the territories comprised in the
Chief Commissioner’s Province of Baluchistan
immediately before the fourteenth day of October, 1955;
Punjab.---Clause
(4-b) shall be deleted.
N.W.F.P.---
Clause (4-b) shall be omitted.
(4-c) Baluchistan States Union.---“Baluchistan
States Union” shall mean the territories comprised in the Baluchistan States
Union immediately before the fourteenth day of October, 1955;
Punjab.---Clause
(4-c) shall be deleted.
N.W.F.P.---
Clause (4-c) shall be omitted.
(5)
Barrister.---“Barrister”
shall mean a barrister of England Ireland Scotland
(6)
British India.---“British
India” shall mean, as respects the period before the commencement of Part III
of the Government of India Act, 1935, all territories and places within His
Majesty’s Dominions which were for the time being governed by His Majesty
through the Governor-General of India or through an Governor or officer
subordinate to the Governor-General of India, and as respects any period after
that date and before the establishment of the Federation of Pakistan means all
territories for the time being comprised within the Governor’s Provinces and
the Chief Commissioner’s Provinces, except that a reference to British-India in
an Indian Law passed or made before the commencement of Part III of the
Government of India Act, 1935, shall not include a reference to Berar;
(7)
British possession.---“British
possession” shall mean any part of Her Majesty’s dominions, exclusive of the
United Kingdom, and, where parts of those dominions are under both a central
and a local Legislature, all parts under the Central Legislature shall, for the
purposes of this definition, be deemed to be one British possession;
Punjab.---Clause
(7) shall be omitted.
N.W.F.P.---
Clause (7) shall be omitted.
(8)
Omitted
by W. P. A. O., 1964, S. 2(1), Schedule;
(9)
Federal Act.---“Federal
Act” shall mean an Act of the Federal Legislature; and shall include an Act
made by the Governor-General under section 67-B of the Government of India Act;
Punjab.---For
clause (9) substitute the following:
“Federal
Act shall mean an Act of Parliament”.
(10)
Federal Government.---“Federal
Government” shall,
(a)
in relation to anything done before
the commencement of Part III of the Government of India Act, 1935, mean the
Governor-General-in-Council or the authority competent at the relevant date to
exercise the functions corresponding to those subsequently exercised by the
Governor-General;
(b)
in relation to anything done after
the commencement of Part III of the said Act, but before the establishment of
the Federation of Pakistan mean, as respect matters with respect to which the
Governor-General was by or under the provisions of the said Act then in force
required to act in his discretion, the Governor-General and as respects other
maters, the Governor-General-in-Council; and
(c)
in relation to anything done [* *
* *] after the establishment
of the Federation of Pakistan [but before the twenty-third day of March, 1956],
mean the Governor-General shall include,---
(i)
in relation to functions entrusted
under sub-section (1) of section 124 of the said Act to the Government of a
Province, the Provincial Government acting within the scope of the authority
given to it under that sub-section; and
(ii)
in relation to the administration
[before the fourteenth day of October, 1955] of a Chief Commissioner’s
Province, the Chief Commissioner acting within the scope of the authority given
to him under sub-section (3) of section 94 of the said Act;
(d)
in relation to anything done or to
be done, after the twenty-third day of March, 1956, mean the President, and
shall include in relation to functions entrusted to the Government of a
Province, the Provincial Government within the scope of the authority given to
it by the President.
Punjab.---In
clause (10),---
(i)
in paragraph (d) after the words and
comma “the twenty-third day of March, 1956” and before the word “mean” the
words “and before the 14th
August, 1973 ” shall be inserted; and
(ii)
after paragraph (d), the following
new paragraph shall be added:---
“(e) in
relation to anything done or to be done after the 14th August, 1973 , mean the Federal
Government”.
N.W.F.P.---In
clause (10) omit sub-clause (c) (ii).
(11)
Central Legislature.---“Central
Legislature” shall mean the Governor-General-in-Council acting in a legislative
capacity under the Government of India Act, 1833, the Government of India Act,
1853, the Indian Councils Acts, 1861; or any of those Acts, or the Government
of India Act, 1915, the Indian Legislature acting under the Government of India
Act, or the Government of India Act, 1935 or the Federal Legislature acting
under the Government of India Act, 1935, [or the Parliament under the
Constitution of 1956 or the National Assembly acting under the Constitution of
1962]; as the case may require;
Punjab.---In
clause (11), the semi-colon after the words and figure “Constitution of 1962”
shall be omitted and the words “or the Parliament under the Constitution of the
Islamic Republic of Pakistan, 1973” shall be inserted before the words and
semi-colon “as the case may require”.
N.W.F.P.---In
clause (51), for the words “West Pakistan ”
substitute the words “the North-West Frontier Province ”.
(12)
Chapter.---“Chapter”
shall mean a chapter of the West Pakistan Act in which the word occurs;
N.W.F.P.---In
clause (12), for the words “West Pakistan ”
substitute the word “Provincial”.
Punjab.---In
clause (12), the words “West Pakistan Act” shall be substituted by the words
“The Punjab Act”.
(13)
Chief Court.---“Chief Court ” in relation to anything done before the
fourteenth day of October, 1955, shall mean the highest Court of original,
appellate or revisional jurisdiction (not including the Federal Court).
Sindh.---Clause
(13) shall be omitted.
(14)
Collector.---“Collector”
shall mean the Chief Officer-in-Charge of the revenue administration of a
District and shall include a Deputy Commissioner;
(15)
Colony.---“Colony”---
(a)
in any Act passed after the
commencement of Part III of the Government of India Act, 1935, shall mean any
part of His Majesty’s Dominions exclusive of the British Islands, of India and
Pakistan [and before the fifteenth day of August, 1947] British-India, any
Dominion as defined in the Statute of Westminster, 1931, any Province or State
forming part of any of the said Dominions, and British Burma; and
(b)
in any Act passed before the
commencement of Part III of the said Act, shall mean any part of His Majesty’s
Dominions exclusive of the British Islands and of British-India, and in either
case where parts of those Dominions are under both a Central and Local
Legislature, all parts under the Central Legislature shall, for the purposes of
this definition, be deemed to be one colony;
Sindh.---Clause
(15) shall be omitted.
(16)
Commencement.---“Commencement”
used with reference to a West Pakistan Act shall mean the day on which the Act
comes into force;
N.W.F.P.---In
clause (16), for the words “West Pakistan ”
substitute the word “Provincial”;
Punjab.---In
clause (16), the words “West Pakistan ” shall
be substituted by the words “the Punjab ”.
(17)
Commissioner.---“Commissioner”
shall mean the Chief Officer-in-Charge of the revenue and general
administration of a division and shall include an Additional Commissioner of
such division;
Baluchistan.---Omit
clause (17).
Sindh.---Omit
clause (17).
(17-a) Constitution.---(Constitution” means the Constitution of the
Islamic Republic of Pakistan brought into force on the eighth day of June,
1962;
N.W.F.P.---In
clause (17-a), for the words, comma and figures “eighth day of June, 1962”
substitute the words, comma and figures “fourteenth day of August, 1973”.
Punjab.---“Constitution”
means the Constitution of the Islamic Republic of Pakistan enforced on the
fourteenth day of August, 1973.
(18)
Consular Officer.---“Consular
Officer” shall include consul-general, consul, vice-consul, consular agent,
pro-consul and any person for the time being authorized to perform the duties
of consul-general, consul, vice-consul or consular agent;
(19)
Deputy Commissioner.---“Deputy
Commissioner” shall mean the Chief officer-in-Charge of the general
administration of a district;
(20)
District Judge.---“District
Judge” shall mean the Judge of a principal Civil Court of original
jurisdiction, but shall not include the High Court in the exercise of its
ordinary or extra-ordinary original civil jurisdiction;
(21)
District Court.---“District
Court” shall mean the principal Civil Court of original civil jurisdiction of a
district, but shall not include the High Court in the exercise of its ordinary
or extraordinary original civil jurisdiction;
(22)
Document.---“Document”
shall include any matter written, expressed or described upon any substance by
mean of letters, figures or marks, or by more than one of those means, which is
intended to be used, or which may be used, for the purpose of recording that
matter;
(23)
Enactment.---“Enactment”
shall include an Ordinance and a Regulation and any provision contained in any
West Pakistan Act, Ordinance or Regulation;
Punjab.---In
clause (23), the words “West Pakistan” shall be omitted, the semi-colon at the
end shall be replaced by a comma and the following words and semi-colon shall
thereafter be added:---
“Applicable
in the Punjab .”
N.W.F.P.---In
clause (23), for the words “West Pakistan ”
substitute the word “Provincial”.
(24)
Father.---“Father”
in the case of any one whose personal law permits option, shall include an
adoptive father.
(25)
Financial Year.---“Financial
Year” means,---
(a)
as respects the period before the
first day of April, 1959, the year commencing on the first day of April and
ending on the thirty-first day of March;
(b)
as respects the period from the
first day of April, 1959 to the thirtieth day of June, 1959, both days
inclusive, that period; and
(c)
thereafter, the year commencing on
the first day of July and ending on the thirtieth day of June;
(26)
Gazette.---“Gazette”
or “Official Gazette” shall mean the West Pakistan Gazette published under the
authority of the Governor of West Pakistan;
N.W.F.P.---In
clause (26), for the words “West Pakistan Gazette published under the authority
of the Governor of West Pakistan” substitute the words “official Gazette
published under the authority of the Government of the North-West
Frontier Province .”
Punjab.---In
clause (26), the words “West Pakistan Gazette” shall be substituted by the
words “Punjab Gazette” and the words “Governor of West Pakistan” shall be
substituted by the words “Governor of the Punjab”;
(27)
Good faith.---A
thing shall be deemed to be done in “good faith” where it is in fact done
honestly, whether it is done negligently or not;
(28)
Government.---“Government”
or “the Government” shall mean the Central Government of the Government of the Province of West Pakistan , as the case may be;
Punjab.---In
clause (28), the words “Central Government” shall be substituted by the words
“Federal Government” and the words “West Pakistan” shall be substituted by the
words “the Punjab”;
N.W.F.P.---In
clause (28), the words “Central Government or the Government of the Province of West Pakistan ” substitute the words “Federal
Government or the Government of the North-West Frontier
Province ”.
(29)
Omitted
by W. P. A. O., 1964, Section 2(1), Schedule;
(30)
High Court.---“High
Court” shall mean the High Court of West Pakistan; and as respects any period
before the fourteenth day of October, 1955 when the expression is used with
reference to civil proceedings, the highest Civil Court of appeal (not
including the Federal Court) in a Province or a part thereof in which the Act
or Regulation containing the expression operated;
N.W.F.P.---In
clause (30), after the words “shall mean” insert the words, commas, figures and
semi-colon “on or after the first day of July, 1970, the Peshawar High Court;
and as respects the period after fourteenth day of October, 1955, and before
the first day of July, 1970.”
Punjab.---Clause
(30) shall be substituted by the following:---
“High
Court” shall mean High Court of the Province.
(31)
Immovable property.---“Immovable
property” shall include land, benefits to arise out of land, and things
attached to the earth, or permanently fastened to anything attached to the
earth;
(32)
Imprisonment.---“Imprisonment”
shall mean imprisonment of either description as defined in the Pakistan Penal
Code, 1860;
(33)
India.---“India
(a)
as respects any period before the
establishment of the Federation of Pakistan, British-India together with all
territories of any Indian ruler then under the suzerainty of His Majesty, all
territories under the suzerainty of such an Indian ruler, and the tribal areas;
and
(b)
as respects any period after the
establishment of the Federation of Pakistan all territories for the time being
included in the Dominion of India, excluding the territories of Jammu and Kashmir , Junagadh and Manavadar;
(34)
India
(34-a) Karachi Area.---“Karachi
Area” shall mean the District of Karachi, except the villages specified in the
Schedule to the Karachi (Federal
Territory ) Order, 1960;
(34-b) Khairpur.---“Khairpur”
shall mean the territories comprised in the State of Khairpur
immediately before the fourteenth day of October, 1955;
N.W.F.P.---Omit
clauses (34-a) and 34-b).
Punjab.---Clauses
(34-a) and (34-b) shall be deleted.
(35)
Local Authority.---“Local
Authority” shall mean a Municipal Corporation, Municipal Committee, District
Board, body of Port Trustees or Commissioners, or other authority legally
entitled to, or entrusted by the Government with the control or management of a
municipal or local fund;
Sindh.---In
clause (35) for “District Board” substitute “People’s Town Committee and
People’s District Council”.
(36)
Magistrate.---“Magistrate”
shall include every person exercising all or any of the power of a Magistrate
under the Code of Criminal Procedure for the time being in force;
(37)
Master.---“Master”
used with reference to a ship shall mean any person (except a pilot or Harbour
Master) having for the time being control or charge of the ship;
(38)
Month.---“Month”
shall mean a month reckoned according to the British calendar;
(39)
Movable property.---“Movable
property” shall mean property of every description except immovable property;
(39-a) North-West Frontier.---“North-West Frontier” shall mean the
territories comprised in the North-West Frontier Province
immediately before the fourteenth day of October, 1955;
N.W.F.P.---In
clause (39-a), for the semi-colon at the end substitute a comma and thereafter
add the words, commas, figures, brackets and semi-colon “and on and after the
first day of July, 1970, the Province of North-West Frontier comprising the
territories mentioned in the Schedule to the Province of West Pakistan
(Dissolution) Order, 1970.
Punjab.---Clause
(39-a) shall be deleted.
(40)
North-West Frontier Province
Act.---“North-West Frontier Province Act” shall mean an Act
made by the Local Legislature or the Governor of the North-West
Frontier Province under the Government of India Act, or by the
Provincial Legislature or the Governor of the North-West
Frontier Province (as existed immediately before the establishment
of West Pakistan ) under the Government of
India Act, 1935;
N.W.F.P.---In
clause (40), for the semi-colon at the end substitute a comma and thereafter
add the words, commas, figures and semi-colon “or an Act made by the Governor
of the North-West Frontier Province on and after the first day of July, 1970,
and before the twenty-first day of April, 1972, or an Act made by the
Provincial Assembly or the Governor of the North-West Frontier Province under
the Interim Constitution of the Islamic Republic of Pakistan, 1972 and the
Constitution of the Islamic Republic of Pakistan, 1973.
Punjab.---Clause
(40) shall be deleted.
(41)
Notification.---“Notification”
shall mean a notification published under proper authority in the official
Gazette;
(42)
Oath.---“Oath”
shall include affirmation and declaration in the case of persons by law allowed
to affirm or declare instead of swearing;
(43)
Offence.---“Offence”
shall mean any act or omission made published by any law for the time being in
forced;
(44)
Pakistan.---“Pakistan
(45)
Pakistan Law.---“Pakistan
Law” shall mean any Act, Ordinance, Regulation, Rules, Order, or Bye-law which
before the establishment of the Federation of Pakistan had the force of law in
British-India or any part thereof, has the force of law in Pakistan or any part
thereof, other than a Federated State; but does not include any Act of
Parliament or any order-in-Council, Rule or other instrument made under an Act
of Parliament;
Punjab.---In
clause (45), the words “but not include an Act of Parliament or any
Order-in-Council, Rule or other instrument made under an Act of Parliament”
shall be deleted.
(46)
Part.---“Part”
shall mean a part of the West Pakistan Act in which the word occurs;
Punjab.---In
clause (46), the words “West Pakistan ” shall
be substituted by the words “Federal Government”.
N.W.F.P.---
In clause (46), the words “West Pakistan ”
substitute the word “Provincial”.
(47)
Person.---“Person”
shall include any company or association or body of individuals, whether
incorporated or not;
(48)
Political agent.---“Political
agent” shall mean the principal officer by whatever name called, representing
the Federal Government in an Acceding State or
group of Acceding States or in any territory or place in the tribal areas or
leased area;
N.W.F.P.---For
clause (48), substitute the following clause, namely:---
(48)
“Political Agent” shall,---
(a)
as respects the period before the
fourteenth day of October, 1955, mean the principal officer by whatever name
called representing the Central Government in an Acceding State or group of
Acceding States or in any territory or place n the Tribal Areas and as respects
the period after twenty-first day of April, 1972, mean the principal officer by
whatever name called representing the Federal Government in the Federally
Administrated Tribal Areas; and
(b)
as respects the period after the
thirteenth day of October, 1955, and before twenty-first day of April, 1972
mean the principal officer by whatever name called (i) representing the Central
Government in an Acceding State or (ii) representing the Provincial Government
in the Tribal Areas, and as respects the period after twenty-first day of
April, 1972, mean the principal officer by whatever name called representing
the Provincial Government in the Provincially Administrated Tribal Areas.
(49)
Privy Council.---“Privy
Council” shall mean the Lords and others for the time being of Her Majesty’s
Most Honourable Privy Council;
Punjab.---Clause
(49) shall be deleted.
(50)
Province.---“Province”
shall mean the Province of West Pakistan ;
Punjab.---In
clause (50), the words “West Pakistan ” shall
be substituted by the words “the Punjab ”.
N.W.F.P.---In
clause (50), for the word “West Pakistan ”
substitute the words North-West Frontier Province ”.
N.W.F.P.---Insert
the following clause (50-a):---
“(50-a) “Provincial Act” shall mean an Act, applicable to the North-West
Frontier Province and made by the Governor-in-Council,
Lieutenant-Governor-in-Council under any of the Indian Councils Acts or the
Government of India Act, or an Act made by the Provincial Legislature or
Governor or the North-West Frontier Province under the Government of India Act,
1935, or an Act made by the Provincial Legislature or Governor of West Pakistan
on and after the fourteenth day of October, 1955, and before the first day of
July, 1970, or an Act made by the Governor of the North-West Frontier Province
on and after the first day of July, 1970 and before the twenty-first day of
April, 1972, or an Act made by the Provincial Assembly or the Governor of the
North-West Frontier Province under the Interim Constitution of the Islamic
Republic of Pakistan, 1972, or the Constitution of the Islamic Republic of
Pakistan, 1973.”
(51)
Provincial Government.---“Provincial
Government” shall mean the Government of West Pakistan;
N.W.F.P.---In
clause (51), for the words “West Pakistan ”
substitute the words “the North-West Frontier Province ”.
Punjab.---In
clause (51), the words “West Pakistan ” shall
be substituted by the words “the Punjab ”.
(52)
Public nuisance.---“Public
nuisance” shall mean a public nuisance as defined in the Pakistan Penal Code;
(52-a) The Punjab.---“The Punjab” shall mean the territories comprised
in the Province of the Punjab as set out in
the Schedule to the Province of W. P.
(Dissolution Order), 1970;
Punjab.---For
clause (52-a), the following shall be substituted:---
“the
Punjab ” shall mean the territories comprised
in the Province of the Punjab as set out in
the schedule to the Province of West Pakistan
(Dissolution) Order, 1970.”
(53)
Punjab Act.---“Punjab
Act” shall mean an Act or Ordinance made by the Lieutenant-Governor of the
Punjab-in-Council under the Indian Councils Acts, 1861 and 1892 or the Indian
Councils Acts, 1861 to 1909 or the Government of India Act, 1915, or by the
Local Legislature or the Governor of the Punjab under the Government of India
Act, or by the Provincial Legislature or the Governor of the Punjab (as it
existed immediately before the establishment of West Pakistan) under the
Government of India Act, 1935;
Punjab.---Clause
(53) shall be substituted as follows:---
“Punjab
Act” shall mean an Act or Ordinance made by the Lieutenant-Governor of the
Punjab–in-Council under the Indian Councils Act, 1861 and 1892 or the Indian
Councils Acts, 1861 to 1909 or the Government of India Act, 1915, or by the
Local Legislature or the Governor of the Punjab under the Government of India
Act or by the Provincial Legislature or the Government under the Government of
India Act, 1935, or under the Constitution of the Islamic Republic of Pakistan,
1956, or the Constitution of the Islamic Republic of Pakistan, 1962, or the
Interim Constitution of the Islamic Republic of Pakistan, 1972, or the
Constitution of the Islamic Republic of Pakistan, 1973.”
(54)
Registered.---“Registered”
used with reference to a document shall mean registered in West Pakistan under
the law for the time being in force for the registration of documents;
Punjab.---In
clause (54), the words “West Pakistan ” shall
be substituted by the words “The Punjab”.
(55)
Rule.---“Rule”
shall mean a rule made in exercise of a power conferred by any enactment and
shall include a regulation made as a rule under any enactment;
(56)
Schedule.---“Schedule”
shall mean a schedule to the Act in which the word occurs;
(57)
Scheduled District.---“Scheduled
District” shall mean a “scheduled district” as defined in the Scheduled
Districts Act, 1874;
(58)
Section.---“Section”
shall mean a section of the Act in which the word occurs;
(59)
Ship.---“Ship”
shall include every description of vessel used in navigation not exclusively
propelled by oars;
(60)
Sign.---“Sign”
with its grammatical variations and cognate expressions, shall with reference
to a person who is unable to write his name, include “mark” with its
grammatical variations and cognate expressions;
(60-a) Sind.---“Sind ” or “Sindh”
shall mean the territories comprised in the Province of
Sind immediately before the fourteenth day of October, 1955;
N.W.F.P.---Clause
(60-a) shall be omitted.
Punjab.---Clause
(60-a) shall be deleted.
(61)
Sind Act.---“Sind
Act” shall mean an Act made under the Government of India Act, 1935 by the
Provincial Legislature or the Governor of the Province of Sind as it existed
immediately before the establishment of West Pakistan and shall include an Act
made by the Governor of Bombay-in-Council under the Indian Councils Act, 1861,
or the Indian Councils Act, 1861 and 1892, or the Indian Councils Acts, 1861 to
1909, or the Government of India Act, 1915, or by the Legislature or the
Governor of the Presidency of Bombay under the Government of India Act, 1915,
as applicable to the aforesaid Province before the aforesaid date;
Punjab.---Clause
(61) shall be deleted.
(62)
Son.---“Son”
in the case of any one whose personal law permits adoption, shall include an
adopted son;
(63)
Omitted by W.
P. A. O., 1964, Section 2(1), Schedule;
(64)
Sub-section.---“Sub-section”
shall mean a sub-section of the section in which the word occurs;
(65)
Swear.---“Swear”
with its grammatical variations and cognate expressions, shall include
affirming and declaring in the case of persons by law allowed to affirm or
declare instead of swearing;
(65-a) Tribal Areas.---“Tribal Areas” shall mean the areas in the Province of West Pakistan which, on the thirteenth day of
October, 1955, were,---
(a)
the Tribal Areas of Baluchistan , the Punjab
and the North-West Frontier; and
(b)
the State of Amb ,
Chitral, Dir and Swat;
N.W.F.P.---For
clause (65-a), substitute the following clause, namely:---
“(65-a) “Tribal Areas” shall,---
(i)
as respects the period after the
first day of July, 1970, mean the areas in Pakistan
(a)
the Tribal Areas of Baluchistan and the North-West
Frontier Province ; and
(b)
the former States of Amb, Chitral,
Dir and Swat;
(ii)
as respects the period on or after
the tenth day of January, 1964, and before the first day of July, 1970, mean
the areas in the Province of West Pakistan which, on the thirteenth day of
October, 1955, were,---
(a)
the Tribal Areas of Baluchistan , the Punjab
and the North-West Frontier; and
(b)
the States of Amb, Chitral, Dir and
Swat;
(iii) as
respects the period on or after the eighth day of June, 1962 and before the
tenth day of January, 1964, mean the areas in the Province of West Pakistan
which, on the thirteenth day of October, 1955, were,---
(a)
the Tribal Areas of Baluchistan , the Punjab
and the North-West Frontier; and
(b)
the States of Amb, Chitral, Dir, and
Swat;
(iv) as
respects the period on or after the twenty-third day of March, 1956, and before
the eighth day of June, 1962, mean the areas of the Province of West Pakistan
which immediately before the commencement of the Establishment of West Pakistan
Act, 1955, were,---
(a)
the Tribal Areas of Baluchistan , the Punjab
and the North-West Frontier; and
(b)
the States of Amb, Chitral, Dir, and
Swat; and
(v)
as respects the period before the
twenty-third day of March, 1956 mean the areas in Pakistan
(a)
the Tribal Areas of Baluchistan , the Punjab
and the North-West Frontier; and
(b)
the States of Amb, Chitral, Dir and
Swat”.
Punjab.---Clause
(65-a) shall be substituted by the following:---
“Tribal
Areas” shall mean the Tribal Areas as defined in the Constitution.
(66)
Vessel.---“Vessel”
shall include any ship or boat or any other description of vessel used in
navigation;
(67)
West Pakistan Act.---“West
Pakistan Act” shall mean an Act made by the Provincial Legislature or the
Governor of the Province of West Pakistan and shall include North-West Frontier
Province Act, Punjab Act, and Sindh Act and any Act applying to the former
Province of Baluchistan and the States of Bahawalpur and Khairpur and
Baluchistan States Union;
Punjab.---Clause
(67) shall be deleted.
N.W.F.P.---For
clause (67), substitute the following clause, namely:---
(67)
West Pakistan
Act.---“West Pakistan Act” shall mean an Act made by the
Provincial Legislature or the Governor of the Province of
West Pakistan after the thirteenth day of October, 1955 and before
the first day of July, 1970.”
(68)
Will.---“Will”
shall include a codicil and every writing making a voluntary posthumous
disposition of property;
(69)
Writing.---“Writing”
expressions referring to “writing” shall be construed as including references
to printing, lithography photography and other modes of representing or
reproducing words in a visible form; and
(70)
Year.---“Year”
shall mean a year reckoned according to the Gregorian Calendar.
GENERAL RULES FOR CONSTRUCTION
3.
Coming
into operation of enactment.---Where any West Pakistan Act is
not expressed to come into operation on a particular day, then, it shall come
into operation, [on the day on which the assent thereto of the Governor is
first published in the official Gazette,] and in every such Act the date of the
first publication thereof shall be printed either above or below the title of
the Act and shall form part of every such Act.
N.W.F.P.---In
section 3, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---Section
3 shall be substituted by the following:---
“3. Where any Punjab Act is
not expressed to come into operation on a particular day, then it shall come
into operation on the day assented thereto by the Governor, whether the assent
has been given or is deemed to have been given, is first published in the
official Gazette, and in every such Act the date of the first publication
thereof shall be printed either above or below the title of the Act and shall
form part of every such Act.”
4.
Effect
of repeal.---(1) Where this Act or any other
West Pakistan Act repeals any enactment then, unless a different intention
appears, the repeals shall not,---
(1)
revive anything not in force or
existing at the time at which the repeal takes effect;
(2)
affect the previous operation of any
enactment so repealed or anything duly done or suffered there-under; or
(3)
affect any right, privilege,
obligation or liability acquired, accrued or incurred under any enactment so
repealed; or
(4)
affect any penalty, forfeiture or
punishment incurred in respect of any offence committed against any enactment
so repealed; or
(5)
affect any investigation, legal
proceeding or remedy in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment as aforesaid; and any such
investigation, legal proceeding or remedy may be instituted, continued or
enforced, and any such penalty, forfeiture or punishment may be imposed as if
the Repealing Act had not been passed.
(2)
The provisions of sub-section (1)
shall apply on the expiry or withdrawal of any Ordinance promulgated by the
Governor as if it had been repealed by the West Pakistan Act.
Punjab.---In
section 4, the words “West Pakistan Act” occurring twice shall be substituted
by the words “the Punjab Act”.
N.W.F.P.---In
section 4, for the words “West Pakistan ”, wherever
occurring, substitute the word “Provincial”.
5.
Repeal
of Act making textual amendment in Act.---Where any
West Pakistan Act repeals any enactment by which the text of any enactment was
amended by the express omission, insertion or substitution of any matter, then
unless a different intention appears, the repeal shall not affect the
continuance of any such amendment made by the enactment so repealed and in
operation at the time of such repeal.
N.W.F.P.---In
section 5, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 5, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
6.
Revival
of repealed enactments.---In any West Pakistan Act it shall
be necessary, for the purpose of reviving either wholly or partially, any
enactment wholly or partially repealed, expressly to state that purpose.
N.W.F.P.---In
section 6, for the words “West Pakistan ”
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 6, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
7.
Construction
of reference to repealed enactments.---.---(1) Where this Act or any other West Pakistan Act, repeals and
re-enacts, with or without modification, any provision of a former enactment,
then references in any other enactment or in any instrument to the provisions
so repealed shall, unless a different intention appears, be construed as
references to the provisions so re-enacted.
(2)
Where any Central Act or an Act f
Parliament repeals and re-enacts, with or without modifications, any provision
of a former enactment, then references in any West Pakistan enactment or
instrument to the provision so repealed shall unless, a different intention
appears, be construed in references to the provision so enacted
N.W.F.P.---In
section 7, for the words “West Pakistan ”
wherever occurring, substitute the word “Provincial”.
Punjab.---In
Section 7,---
(i)
in sub-section (1), the words “West
Pakistan Act” shall be substituted by the words “Punjab Act”.
(ii)
in sub-section (2), the words “or an
Act of Parliament” shall be deleted and the words “West
Pakistan enactment” shall be substituted by the words “Punjab enactment”.
8.
Commencement
and termination of time.---(1) In any West Pakistan Act, it
shall be sufficient, for he purpose of excluding the first in a series of days
or any other period of time to use the word “from” and for the purpose of
including the last in a series of days or any other period of time to use the
word “to”.
N.W.F.P.---In
section 8, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 8, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
9. Computation of time.---Where,
by any West Pakistan Act, any act of proceeding is directed or allowed to be
done or taken in any Court or office on a certain day or within a prescribed
period, then, if the Court or office is closed on that day or the last day of
the prescribed period, the act or proceeding shall be considered as done or taken
in due time if it is done or taken on the next day afterwards on which the
Court or office is open:---
Provided that nothing in this section shall apply to any act
or proceeding to which the Limitation Act, 1908 (IX of 1908) applies,
Punjab.---In
section 9, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
N.W.F.P.---In
section 9, for the words “West Pakistan Act”,
wherever occurring, substitute the word “Provincial”.
10.
Measurement
of distance.---In the measurement of any distance,
for the purpose of any West Pakistan Act, the distance shall unless a different
intention appears, be measured in a straight line on a horizontal plane.
N.W.F.P.---In
section 10, for the words “West Pakistan ”
wherever occurring, substitute the world “Provincial”.
Punjab.---In
section 10, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
11.
Duty
to be taken “pro rata” in enactments.---Where, by any enactment now in
force or hereafter to be in force, any duty of customs or excise, or in the
nature thereof, is leviable on any given quantity, by weight, measure or value
of any goods or merchandise, then a like duty is leviable according to the same
rate on any greater or less quantity.
12.
Gender
and number.---In all West Pakistan Acts,
unless there is anything repugnant in the subject or context:---
(1)
words importing the masculine gender
shall be taken to include females; and
(2)
words in the singular shall include
the plural, and vice versa.
Punjab.---In
section 12, the words “West Pakistan Acts” shall be substituted by the words
“Punjab Act”.
N.W.F.P.---In
section 12, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
13.
Power
conferred to be exercisable from time to time.---Where,
by or under any West Pakistan Act, any power is conferred upon any authority
then that power may be exercised by such authority, from time to time or as
occasion requires.
N.W.F.P.---In
section 13, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 13, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
14.
Power
to appoint to include power to appoint ex-officio.---Where,
by any West Pakistan Act, any power to appoint any person to fill any office or
execute any function is conferred, them, unless it is otherwise expressly
provided, any such appointment may be made either by name or by virtue of
office.
Punjab.---In
section 14, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
N.W.F.P.---In
section 14, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
15.
Power
to appoint to include, power to suspend or dismiss.---Where
by any West Pakistan Act, a power to make any appointment is conferred, then
unless different intention appears, the authority having for the time being
power to make the appointment shall also have power to suspend or dismiss any
person appointed whether by itself or any other authority exercise of that
power.
N.W.F.P.---In
section 15, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 15, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
16.
Substitution
of functionaries.---In any West Pakistan Act, it
shall be sufficient, for the purpose of indicating the application of a law to
every person or number of persons for the time being executing the functions of
an office, to mention the official title of the officer at present executing
the functions, or that of the officer by whom the functions are commonly
executed.
N.W.F.P.---In
section 16, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 16, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
17.
Successors.---In
any West Pakistan Act, it shall be sufficient for the purpose of indicating the
relation of a law to the successors of any functionaries or of corporations
having perpetual succession to express its relation to the functionaries or
corporations.
Punjab.---In
section 17, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
N.W.F.P.---In
section 17, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
18.
Official
chiefs and subordinates.---In any West Pakistan Act, it
shall be sufficient for the purpose of expressing that a law relative to the
chief or superior of an office shall apply to the deputies or subordinates
lawfully performing the duties of that office in the place of their superior,
to prescribe the duty of the superior.
N.W.F.P.---In
section 18, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 18, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
PROVISIONS AS TO ORDERS, RULES,
ETC.,
MADE UNDER ENACTMENTS
19.
Construction
of orders to issue under enactments.---Where, by any West Pakistan Act
a power to issue any notification, order, scheme, rule, form, or bye-law is
conferred, then, expressions used in the notification, order, scheme, rule,
form or bye-law shall unless there is anything repugnant in the subject or
context, have the same respective meanings as in the Act conferring the power.
N.W.F.P.---In
section 19, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 19, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
20.
Power
to make to include power to add to, amend, vary or rescind orders, rules or
bye-laws.---Where, by any West Pakistan Act, a power to issue
notification, orders, rules, scheme, form or bye-law is conferred then that
power includes a power, exercisable in the like manner and subject to the like
sanction and conditions (if any), to add to, amend, vary or rescind, any
notifications, orders, rules, scheme, form or bye-laws so issued.
N.W.F.P.---In
section 20, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 20, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
21.
Making
of rules or bye-laws and issuing of orders between passing and commencement of
enactment.---Where, by any West Pakistan Act, which is not to come
into force immediately on the passing thereof a power is conferred to make
rules or bye-laws, or to issue orders with respect to the application of the
Act or with respect to the establishment of any Court or office or the
appointment of any Judge or officer thereunder or with respect to the person by
whom, or the time when, or the place where, or the manner in which, or the fees
for which anything is to be done under the Act, then that power may be
exercised at any time after the passing of the Act, but rules, bye-laws or
orders so made or issued shall not take effect till the commencement of the
Act.
N.W.F.P.---In
section 21, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 21, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
22.
Provisions
applicable to making of rules or bye-laws after previous publication.---Where
by any West Pakistan Act, a power to make rules or bye-laws is expressed to be
given subject to the condition of the rules or bye-laws being made after
previous publication, then, unless such Act otherwise provides; the following
provisions shall apply, namely:---
(1)
the authority having power to make
the rules or bye-laws shall, before making them, publish a draft of the
proposed rules or bye-laws for the information of persons likely to be affected
thereby;
(2)
the publication shall be made in
such manner as that authority deems to be sufficient, or if the condition with
respect to previous publication so requires, in such manner as the Provincial
Government, prescribes;
(3)
there shall be published with the
draft a notice specifying a date on or after which the draft will be taken into
consideration;
(4)
the authority having power to make
the rules or bye-laws and, where the rules or bye-laws are to be made with the
sanction, approval or concurrence of another authority that authority also,
shall consider any objection or suggestion which may be received by the
authority having power to make the rules or bye-laws from any person with
respect to the draft before the date so specified.
(5)
the publication in the official
Gazette of a rule or bye-law purporting to have been made in exercise of a
power to make rules or bye-laws after previous publication shall be conclusive
proof that the rule or bye-law has been duly made.
N.W.F.P.---In
section 22, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 22, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
23.
Continuation
of appointment, notification, orders, etc., issued under enactments repealed
are re-enacted.---Where any West Pakistan Act, is
repealed and re-enacted with or without modification, then, unless it is
otherwise expressly provided, any appointment, notification, order, scheme,
rule, form or bye-law made or issued under the repealed Act, shall so far as it
is not inconsistent with the provisions re-enacted continue in force, and be
deemed to have been made or issued under the provisions so re-enacted unless or
until it is superseded by any appointment, notification, order, scheme, rules,
form or bye-law made or issued under the provisions so re-enacted.
N.W.F.P.---In
section 23, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 23, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
MISCELLANEOUS
24.
Recovery
of fines.---Sections 63 to 70 of the Pakistan Penal Code and the
provisions of the Code of Criminal Procedure for the time being in force in
relation to the issue and the execution of warrants for the levy of fines shall
apply to all fines imposed under any Act, rule or bye-law, unless the Act, rule
or bye-law contains an express provision to the contrary.
25.
Provision
as to offences punishable under two or more enactments.---Where
an act or omission constitutes an offence under two or more encampments, then
the offender shall be liable to be prosecuted and punished under either or any
of those enactments, but shall not be liable to be punished twice for the same
offence.
26.
Meaning
of service by post.---Where any West Pakistan Act
authorizes or requires any document to be served by post, whether the
expression “serve” or either of the expressions “give” or “send” or any other
expression issued, then, unless a different intention appears, the service
shall be deemed to be effected by properly addressing, prepaying and posting by
registered post, a letter containing the documents, and, unless the contrary is
proved, to have been effected at the time at which the letter would be delivered
in the ordinary course of post.
Punjab.---In
section 26, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
N.W.F.P.---In
section 26, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
27.
Citation
of enactments.--- (1) In any West Pakistan Act
and in any rule, bye-law, instrument or document, made under, or with reference
to, any such Act, any enactment may be cited by reference to the title or short
title (if any) conferred thereon or by reference to the number and year
thereof, and any provision in an enactment may be cited by reference to the
section or sub-section of the enactment in which the provision is contained.
(2)
In any West Pakistan Act, a
description or citation of a portion of another enactment shall, unless a
different intention appears, be construed as including the word, section or
other part mentioned or referred to as forming the beginning and as forming the
end of the portion comprised in the description or citation.
N.W.F.P.---In
section 27, for the words “West Pakistan ”,
wherever occurring, substitute the word “Provincial”.
Punjab.---In
section 27, the words “West Pakistan Act” shall be substituted by the words
“Punjab Act”.
28.
Application
to Ordinances and Regulations.---The provisions of this Act shall
apply in relation to any Ordinance promulgated by the Government as they apply
in relation to Acts made by the Provincial Legislature of West Pakistan.
N.W.F.P.---In
section 28, for the words “Legislature of West Pakistan”, wherever occurring,
substitute the word “Assembly”.
29.
Repeal.---The
following enactments are hereby repealed:---
(1)
The Sindh General Clauses Act, 1947.
(2)
The Sindh General Clauses Act, 1947,
as applicable in the Districts of Karachi.
(3)
The Punjab
General Clauses Act, 1898.
(4)
The Punjab General Clauses Act,
1898, as applicable to the Districts of Bahawalnagar,
Bahawalpur and Rahimyar Khan; and
(5)
The North-West
Frontier Province General Clauses Act, 1932.
N.W.F.P.---In
section 29, omit clauses (1), (2) and (3).
Sindh.---Omit
section 14.
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