1. ' Arras HUSSMN, C.
2. 1.-A public notice number 5 dated 13th of February, 1983, was published in various newspapers of the country to invite public comments on the 45 laws listed therein whether and to what extent they were against the injunctions of Islam. The following persons sent their comments:- ' The Cantonments Rent Restriction Act, 1963 ' Mr. Zaheer-ul-Din Quresbi, Drigb Road, Karachi.
3. ' The. Unani, Ayurvedic and Homeopathic Practitioners Act, 1965 Homeo Doctor Ahmad Sliced, Trust Colony, Bahawalpur.
4. ' Mr. Ihsan-ul-Haq, Kot Radha Krishan Lahore.
5. ' Mr. Muhammad Hussain Sarwar Noshai.
6. ' The Federal Employees Benevolent Fund and Group Insurance Act, 1969 Wing Comdr. Fida Muhammad, Air Head Quarter, Peshawar.
7. Mother of Zulafor All Deceased, D. I. Khan.
8. Mr. Saeed Ahmad, Nazimabad Karachi.
9. Mr. Mohammad Khan, Advocate, D. I. Khan.
10. ' The Requisitioned Land (Continuance of Powers) Ordinance, 1969 Mr. Manzoor Ahmad, Nazimabad, Karachi.
11. ' The Industrial Relations Ordinance, 1969 Haji Razak Janoo, President, Chamber of Commerce and Industry, Karachi.
12. We have examined all the laws:- ' The Privileges of Members of National Assembly (Exemption From Preventive Detention and Personal Appearance) Act I of 1963 ' The Act, as provided in its S. 1(3) ceased to remain in farce on the expiry of fourteen days after the conclusion of the next Session of the National Assembly. The same provisions were re-enacted in Ordinance IX 1963 of almost similar name.
13. The Members of the National Assembly (Exemption from Preventive Detention and Personal appearance) Ordinance, IX of 1963
(i) The Ordinance as its name suggests provides against the detention of any Member of National Assembly or his compulsory appearance in apy Civil or Revenue Court, or before any Election Tribunal, during a session and for a period of fourteen days before and fourteen days after the sessions and during this period no Civil or Revenue Court and no Election Tribunal seized of any matter in which a member is a party can proceed with that matter unless the privilege conferred by section 3 is waived by application made for that purpose.
(ii) The Act I of 1963 remained in force until the expiry of fourteen days after the conclusion of the next session whereupon it stood repealed. Thereafter the Ordinance of 1963 was enforced and all the provisions of the Act were enacted in it. Later on with effect from 8-2-1975 by Act XVII of 1975 subsection (2) of section 3 was substituted by .a provision which allowed detention in some cases.
14. It reads as follows:- "Nothing in subsection (I) shall be construed as applying to any member who is detained under any such law as is referred to in subsection (1).
(a) at any time during the period commencing on the fifteenth day next after the conclusion of a session; and ending on the fifteenth day before the commencement of the next session; or
(b) for reasons of state connected with defence, external affairs, or the security of Pakistan or any part thereof."
15. ' The bar in relation to proceedings of Election Tribunal was omitted from section 4 by Act XXI of 1977 with effect from 18-3-1977. Only the provision relating to stay of proceedings in a Civil or Revenue Court remains.
16. ' Though the Act is in a state of inactivity but this by itself is no ground for not examining its vires. It prima facie appears that the members of the National Assembly have been treatedin the interest of their business to be a privileged class. An embargo on their. Detention may be necessary in the interest of the legislative business so that the Government may be restrained from detaining any person with the ulterior motive of stopping him from participating in the proceedings of the Assembly. However, the provision in respect of the proceedings before the Civil or Revenue Court are not salutary. They would interfere with the business of Court and a case in which a Member of the National Assembly is a party is hardly likely to be decided during the tenure of his membership, if he so likes.
17. ' Great stress is laid in the Quran and the Sunnah of the Prophet on the administration of justice in every sphere of life including the Courts of justice. There are Ahadith in respect of Adab ul Qazi (Court's procedure) which restrain unequal treatment being meted out to either party. The grant of privilege to one person of vetoing early decision of a matter and of delayin the proceedings in Court which may in some cases be detrimental to interest of the other party is not warranted in Sharia. It may also amount to denial of justice on the ground that justice delayed is justice denied.
18. ' Even delay and inequality may sometimes be permitted if it advances the national cause and better serves the interest of the people as a whole but there appears to be no such exigency. The object is that a person may not be called upon to appear in person in a Court of law during the Session or when he is preparing for or disposing of the work transacted in that Session. This object can be achieved by affording him protection against appearance in Court during the same period.
19. ' Protection may, therefore be given from personal appearance before the Civil or Revenue Court so that if his evidence be required it can be recorded, on commission without causing any interruption in the Court proceeding.
20. ' Section 4 of the Ordinance, therefore, shall be omitted.
21. The Diplomatic Immunities (Conferences with Commonwealth Countries) Act, 1963 Act No, II of 1963 The Act provides for conferring certain in annuities on representatives of Governments of Commonwealth countries attending conferences in Pakistan and on their official staffs on mutuality basis. As already discussed such immunities can be granted in Sharia.
22. ' The Cantonments Rent Restriction Act, 1963 Act No, XI of 1963 ' The Act makes provision for the control of rents of certain class of buildings within the limits of the Cantonments areas, for the eviction of tenants therefrom and for matters connected therewith.
23. ' It is not applicable to an evacuee property or property owned by the Government, Railway, Port Trust, Cantonment Board or any other local authority under the administrative control of the Federal Government or of the Provincial Government (section 3). The Federal Government is also empowered to exempt any Cantonment or any 'particular building or buildings in any specific area (section 4). It also overrides other laws (section 5). The Act is to be implemented through Controller, who can determine fair rent of the property (section 7) and increase the fair rent (section 8) where such rent has been fixed, The landlord cannot claim or receive any premium or any other like sum in addition to the fair rent or any rent in excess of such fair rent and any agreement or contract stipulating payment of any such premium, sum or excess rent shall to the extent of such stipulation be void except to the extent of payment of advance rent for a period not exceeding 3 months. Similarly the landlord cannot charge any fine, premium or any other like sum in additioil, for grant, renewal or continuance of the tenancy (section 10). Any sum not payable by a tenant if paid by him can be recovered by him within four months of the payment and without prejudice to any other mode of recovery be deducted by him from the rent payable by him to the landlord (section 11).
24. ' The landlord is stopped from interfering with the amenities enjoyed by the tenant and in case of contravention, restoration may be ordered by the Rent Controller (section 13). There is an embargo on the conversion of residential buildings into commercial buildings and vice versa, except with the permission in writing of the Controller (section 14). In case of failure by the landlord to make necessary repairs, the Rent Controller is competent to direct on application by the tenant, and after necessary inquiries to carry on the necessary repairs and deduct their cost from the rent payable (section 15). On the failure of the landlord to comply with the directions of a local authority to make certain specified repairs to his building, the local authority may direct the tenant to do so. The cost of such repairs can then be deducted by the tenant from the rent payable by him (section 16).
25. ' Section 17 deals with the procedure and grounds of eviction of a tenant. The eviction can be ordered by the Controller if any, on the ground specified in the section is proved before him.
26. ' Sections 18 to 23 deal with hotels, Lodging houses, the registration, fixation of their fair rates, eviction of guests, but section 22 provides that notwithstanding anything contained in other provisions of the Ordinance, no order of eviction can be made under this Act against any person in the service of the Federal Government, a Provincial Government, a Railway, a Port Trust, a Cantonment Board or any other local authority or of any corporation, company or authority rendering any essential service to the community, if his eviction would be detrimental to the public interest, provided eviction is not sought on the grounds referred to in clauses (i) to (iv) of subsection (2) of section 17 or clause (a) of subsection (21) of this Act. Thus a public servant or any employee cannot be evicted under section 17 from a building situated in a place other than a hill merely on the ground that he has ceased to occupy it for a continuous period of four months without reasonable cause; or the landlord intends to demolish the building for constructing a new building on the same site. He is also protected from eviction under section 21(2) on the ground of requirement of the owner or Manager of the Hotel or Lodging House, of the accommodation under his occupation.
27. ' Section 24 deals with the appeals against the orders of the Rent Controller to the District Judge or Additional District Judge, whose order shall be final. Other provisions are merely ancillary and need not to be referred to.
28. ' There are two points worth consideration. Whether it is open to the Government to pass a law firstly interfering with the payment of contractual rent and secondly forcing the landlord not to evict a tenant except on the grounds specified in the Act viz. Default in the payment of rent, subletting of the property without permission of the landlord, commission of acts likely to materially impair the value, look or utility of the building, commission of acts by and conduct of the tenant which are a nuisance to the occupiers of the buildings in the neighbourhood, non- occupation of the building by the tenant without reasonable cause for a continuous period of four months except at a hill station, the intention of the landlord to demolish the building for constructing a new building on the same site for which necessary sanction has been obtained from the Cantonment Board and lastly personal requirement in good faith of the building for his own use or the use of members of the family as detailes are specified in subsection (4) of section 17.
29. ' The housing control legislation was taken resort to by the British Government during and the conditions created by World War-11 high rents were demanded by the landlords at the risk of eviction of the tenant who had no protetion as such and could be ejected through Court after service of a notice as required by section of the Transfer of Property Act. From that time onward the conditions went from bad to worse with the result that after the establishment of Pakistan too such statutes had to be enforced.
30. ' At present there are two statutes, one dealing with the Cantonment areas i. e. Cantonment Act XI of 1963 and the other for other urban areas i. e. West Pakistan Urban Rent Restriction Ordinance, 1959. The provisions of the two enactments are in pari materia on various points but they differ to the extent that firstly the West Pakistan Urban Rent Restriction Ordinance does not deal with the Hotel Accommodation or accommodation in the Lodging Houses, and secondly with the right of the landlord to claim an increase in rent.
31. ' The formula of fixation of fair rent is practically similar but now provisions have been made in the West Pakistan Ordiniance for increase of the fair rent or the contractual rent, as the case may be, after every three years by a maximum of 25%, thus giving relief to the landlord also. The Cantonment Rent Restriction Act, however, does not endorse or incorporate such a formula and the landlord has no right to increase the rent in any manner whatsoever.
32. ' While dealing with the Essential Commodities Act of 1957 this Court has held in favour of the principles of fixation of prices of essential commodities by the Government Taseer (grit.J). House Accommodation is also a necessity since Islam recognises food, clothes and the housing as absolute necessity. It also recognises some other necessities like education and health.
33. ' Allama Shatbi has discussed in his book the basic requirements of the public in Islam and writes, "The orders of Sharia are based on the preservation of the public utilities and these utilities are of three kinds : (i) Necessities. (ii) Conveniences, (iii) Refinements. Necessities include all activities and things that are essential to the preservation of the five things i. e. Re'igious, Life, Offspring, Mind and Wealth. These basic necessities are sometime in general requirements for preservation of life like food, drinking, dress and a house.
34. (Al-Muwafigaf, Vol,-II, pages 8 & 9, printed in Egypt, 1975)
35. ' It is the duty of the Government to make provision for these necessities for the public. In any case if it is not possible for it to discharge that duty, the Government should create conditions that people may inter alia have a shelter or house accommodation. Another principle is that the greed of the unscrupulous in the community for abnormal profit and rent should be checked in the interest of alleviation ' of detriment or damage to the public. The analogy of principles of Tasaeer ( )) can, therefore, justify the fixation of fair rent.
36. ' The embargo against eviction also does not appears to be against any principles of Islamic law since this embargo is made against arbitrary eviction, F Eviction is otherwise allowed on all the grounds where the tenant misconducts himself either by committing default in the payment of rent or by impairing the utility of the building or by becoming a nuisance for the neighbours.
37. Similarly the eviction is also allowed for reason of requirement for personal use by the landlord or by his family members as also for reason of its requirement for reconstruction.
38. ' There is no direct authority on this point in the Holy Quran or the Sunnah of the Holy Prophet, but in the interest of public administration edifice of which is raised on the welfare of the public and alleviation of suffering or mischief (Alzzi) it is ruled by the jurists that people with surplus accommodation can be compelled to accommodate shelterless persons in their houses.
39. ' On the basis of the concept of public weal which is considered to be the foundation of Islamic polity, Imam Ahmad bin Hanbal gave the verdict that if there be accommodation in a house, the owner thereof can be compelled to accommodate those persons in it who are shelterless. (Hayat Imam Aiimad bin Hanbal by Abu Lahra translation by Syed Raees Ahmad Jaafri page 260; Majmuul Fatawa by Imam 1 bne Tainiya Vol. 28 pages 102-103).
40. ' In this connection Hafiz Ibne Qayyam said that if the people are forced to stay in the house of another person or in an inn for reason of their being shelterless, it will be incumbent upon the owner of the house or inn that he accommodates them without raising any quarrel or dispute (Hayat Ahmad bin Hanbal, ibid page 440). But there are two opinions of the learned (sic) on the question whether he can charge rent. Those who consider charging of rent valid agree that charging rent in excess of the prevalent rent is prohibited. In the opinion of Abu Zahra it is necessary that the rate of rent may not be allowed to increase or soar if those who cannot get accommodation are compelled to live in the house of another person without causing any damage (ibid page 440).
41. ' On the same principle it was said by the followers of Imam Ahmad that since the people have to rely upon skilled workers, for example tenantry labourers etc. They can be compelled to work on payment of the prevalent rent or wages even if they refuse to work and the Government has the right to punish them if they persist in this refusal.
42. ' Imam Ibne Qayyam discussed this subject under the heading that it is not permissible for such a person to demand more than the prevalent wages, since the interest of thepublic cannot be served without taking this step (ibid.. Page 440).
43. ' Keeping the public weal in view, it is held that it is essential for the Government to make arrangements for the training of skilled and industrial workers (ibid page 440, Atturrukul Hukamyya by Imam Ibne Qayyam page 227).
44. ' On the same principle is based the view of the latter Hanbalis in favour of validity of price control (ibid page 440).
45. ' The Act does not go to the extent of allowing the Government to accommodate persons compulsorily in the houses of others. This is a matter for which the legislation authorising requisition of others' property can justifiably be made. The purpose of the above Act is to stop the rent from increasing and to prevent the landlord from making them shelterless in order to obtain from or to force the tenants to pay increased rent. The provisions' of section 17 are therefore, very salutary because except for the ground of increase in the rent, the landlord has been allowed to eject a tenant on every reasonable ground. The Act advances public interest.
46. The principle of fixation of fair rent is also not repugnant to Islam, if the objective with which a law allowing it is enforced be elimination of mischief in respect of those who are shelterless. There is one other legislation dealing with a similar stmject and it is the West Pakistan Urban Rent Restriction Ordinance, 1959 which is applicable to urban areas other than Cantonments. By a recent amendment permission has been granted to the landlords to increase the rent according to a more generous formula after every three years. In the Cantonments Rent Restriction Act, i963 no scope is left for such increase. On the other hand the formula for the determination of the fair rent is the same which was fixed in the conditions obtaining in the year 1963.
47. ' Section 7(2) provides : ' The fair rent shall be fixed after taking into consideration the following factors, namely :-
(a) in the case of a building which was in existence before the 1st July, 1961, the rent of that building during the twelve months immediately preceding that date and where that building was not let out during the said period the rent prevailing in the locality during that period for buildings having similar accommodation, amenities, conveniences, facilities and environment ; or (b)in the case of a building completed on or after the 1st July, 1961 the rent at which such building is first let out within twelve months of its completion and where that building is not let out during the said period, the rent prevailing in the locality during that period for buildings having similar accommodation, amenities, conveniences, facilities and environment and
(c) the annual value of the building as assessed by the Cantonment Board under the provisions of the Cantonments Act, 1924, relating to the period mentioned in clause (a) or clause (b).
48. ' Section 8 prohibits any increase in rent with or without the consent of the tenant unless some addition, improvement or alteration otherwise than by way of ordinary or usual repairs has been made in the building at the landlord's expense and without the request in writing of the tenant or unless a new tax has been imposed or an existing tax has been increased. The proviso to subsection (2) of section 8 provides that the Controller shall in no any increase beyond seven and a half per centum of the cost of the adoption, improvement or alteration made in the building, or beyond the amount of the additional tax payable by the landlord, as the case may be. This provision does not take into consideration the present day circumstances of inflation. The cost of maintenance of the houses has risen to such an extent that it is not possible for the landlord to repair the house in the amount of rate fixed on the basis of the above formula. The object of the law is not to exploit the landlord ; it is only that the tenant may be spared of any exploitation by the landlord.
49. ' The Sharia maxim is (Neither cause damage, nor suffer damage). If for the word damage only exploitation which is a category or damage is substituted it will be read as ! "Neither cause exploitation nor suffer exploitation". In dealings in which exploitation is apprehended no one should be allowed an edge over the other. Saving a person from the exploitation of others presupposes that the person so saved shall also not be allowed to exploit this assistance and cause damage to the person first mentioned. The rule is that exploitation from either side should be frustrated. This is what is actually meant by the maxim.
50. ' The landlord remains entitled to fair compensation. A rigid formula of fixation of rent is sure to frustrate this Sharia objective. Putting the landlord to such a strain may amount to the advancement of the financial interest of the tenant at the expense of the lawful interest of another group. Public weal means reconciliation of the interest of both in order to eliminate the possibility of mischief or damage to any particular group. The provision added now to the West Pakistan Rent Restriction Ordinance of 1959 by the substitution of sections a and 5 by Punjab Ordinance IX of 1979 is much more salutary and can remove this repugnancy with the objective of Sharia.
51. ' The provisions of sections 7 and 8 of the Act of 1963 also violate the Islamic principles of equality before law. There is no logic behind the discrimination between the landlords in the Cantonment areas and the landlords in other urban areas of the country. If once it is concede that rent can be increased periodically to keep them in line with the increase in, prices or the facts of inflation in the case of one category, there is no earthly reason why the other group of people should be deprived of that facility. It is, therefore, necessary that the provision of the increase in fair rent be enacted in this Act too as already done in the West Pakistan Urban Rent Restriction Ordinance, 1959.
52. The Indecent Advertisements Prohibition Act, XII of 1963 ' The Act, as its name explains, provides for the Prohibition of indecent advertisements. Indecent is defined as follows "Indecent' includes whatsoever may amount to any incentive to sensuality and excitement of impure thoughts in the mind of an ordinary man of normal temperament and has the tendency to deprave and corrupt those whose minds are open to such immoral influence, and which is deemed to be detrimental to public morals and calculated produce pernicious effect, in depraving and debauching the minds of persons." F ' The contravention whether by an individual or a company is punishable. The law advances the objectives of Sharia.
53. ' The Tribal Areas (Restoration of Jurisdiction) Act, 1964 Act No, II of 1964 ' Clause (5) of Article 223 of the Constitution of 1962 provided that neither the Supreme Court nor a High Court shall, unless the Central Legislation by law otherwise provides, exercise any jurisdiction under the Constitution in relation to a Tribal Area.
54. ' Before the commencement of the aforesaid clause the Supreme Court and the High Court of West Pakistan exercised certain jurisdiction in relation to the Tribal Areas of the Quetta Division.
55. The Act was enforced to restore that jurisdiction to the Supreme Court' and the High Court and is unexceptionable in Sharia.
56. ' The Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965 Act No, II of 1965 ' The Act regulates the qualifications of and provides for the registration of practitioners of Unani, Ayurveda and Homoeopathic systems of medicine.
57. ' The Act provides for setting up of two council-one known as the National Council for Tibb and the other The National Council for Homoeopathy (section 3) -their composition, recognition of institution imparting and desiring to impart instruction in the Unani Ayurvedic and Homoeopathic system of medicine according to the courses prescribed by rules, withdrawal of recognition, maintenance of standard of efficiency, the duration of course, qualification for admission to any institution, qualifying examination, registration of practitioners of the above system of med cines, cancellation or alteration of entries in the registers after due inquiry, and rights of the registered practitioners etc. The Act aims at regulating the profession or practice of the above s, stem of medicine to restrain unqualified person from entering the profession. Its object is also to ensure efficiency!, in the profession. This is done by supervising the courses and examination' through the two councils.
58. ' No provision is repugnant to the Sharia.
59. ' The Limitation (Emergency and War Conditions) Act, 1965 Act No, XVIII of 1965 ' The Act extended the period of limitation prescribed by law for suits, appeals, applications and other proceedings or for doing any act or thing by the period during which it is not possible to institute suits, or proceedings prefer appeals, or make applications, or to do any act or thing due to the displacement of persons from certain areas or due to persons having been detained in en territory in circumstances attributable to war or armed hostilities.
60. ' This Act was enforced with effect from 6th September, 1965 when India attacked Pakistan.
61. The Act is for the welfare of the people affected by war and is not pet, to any exception in Sharia.
62. ' The Civil Services (Qualification for Appointment as High Court Judge) Act, 1965 (Act No, XXI of 1965)
63. The Act prescribed the Civil Service of Pakistan to be a civil service fod, the purposes of paragraph
(b) of clause (2) of Article 92 of the Constitution of 1962 which dealt with the qualifications for appointment as a Judge of the High Court. The Act is not ultra vires of the Sharia.
64. ' The Capital of the Republic (Determination of Area) Ordinance, 1963 Ordinance iVo. VI of 1963 The Ordinance specifies in its schedule the area within the Rawalpindi District which was the site selected for the Capital of Pakistan (Islamabad).
65. ' The Ordinance is not open to any objection.
66. ' The National Investment (Unit )Trust Ordinance, 1965 Ordinance No, VI! Of 1965 ' This Ordinance provides for certain matters relating to the National Investment (Unit) Trust. It makes the N.I.T. Units to be transferable movable property (section 3). It authorises the Government to authorise the Trust by a notification to issue Bearer Certificates (section 4). The units are included by section 5 among the approved secui.Ities. Apart from some other provisions the provisions of the Bankers' Book Evidence Act, 1891 were applied to the Trust. The Ordinance is only regulatory.
67. ' The Aircraft (Removal of Danger to Safety) Ordinance, 1965 Ordinance No, XII of 1965 ' It provides for removal of danger to the safety of aircraft caused by the location of bird attracting sites around certain airfields. Section 3 authorises the Federal Government by order to require the owner or the person in possession or having the management or control of anv tannery, slaughterhouse, cattle yard, fish-drying area, refuse-dump or other place within such area as may be specified in the order to take such measures for avoiding attraction of birds which may endanger the safety of Aircraft as may be specified. The order can be modified, cancelled or confirmed on application of the person affected after giving him an opportunity of being heard.
68. ' Section 4 provides that if the order is not complied with, the Government may by notification prohibit the use of, or the carrying on of any trade or occupation in the tannery, slaughter-house, cattle yard, fish-drying area, refuse-dump or other place with respect to which the order was made.
69. ' Section 5 places an embargo in a specified area on the construction, establishment or extension of tannery etc. Or use for fish-drying or as a refuse dump or carrying on any trade or occupation which attracts birds except with the permission in writing of the Government.
70. ' Section 6 authorises a person authorised in this behalf to enter and inspect any tannery etc. For the purpose of ascertaining the extent of danger to the safety of aircraft caused by the attraction of birds and seeing whether the provisions of the Ordinance or order issued thereunder have been complied with.
71. ' Section 7 is the penalty section.
72. The Ordinance is designed to provide for safety of aircrafts from the:. Danaer of birds and is not only in the interest of transport and civil aviations but also the defence of the country.
73. ' It is not contrary to Sharia.
74. ' The Pakistan Atomic Energy Commission Ordinance, 1965 Ordinance No, XVII of 1965 ' The Ordinance was promulgated to provide for the establishment of antomic Energy Commission for the promotion of the peaceful uses of atomic) energy in Pakistan, the discharge of international obligations connected therewith, the execution of development projects involving nuclear power stations and matters incidental thereto.
75. ' It is not open to any objection.
76. ' The Reservists (Reinstatement in Civil Employment) Ordinance, 1965 Ordinance No, XXI of 1965 ' The Ordinance provides for the re-instatement in civil employment of reservists called up for service or training in any of the Defence Services. The R Law is for the benefit of the reservists and is a measure for advancement of the cause of defence of the country.
77. ' It is not ultra vires of the Sharia.
78. ' The Deputy Speakers (Remuneration and Privileges) Act, 1966 Act No, VII of 1966 ' The Act was repealed by Act LXXXIII of 1975 with effect from 14-8-1975 (section 20).
79. ' The Carriage by Air (International Convention) Act, 1966 Act No, IX of 1966 The Act embodies an international convention which is in treaty and is not open to exception.
80. ' The Ex-Government Servants (Employment with Foreign Governments) (Prohibition Act, 1966 Act No, XII of 1966 ' This Act prohibits Ex-Government servants from seeking or taking up or continuing employment with a foreign Government or foreign agencies, except with the previous permission in writing of the Federal Government (section 3).
81. ' The expression 'Foreign Agencies' is defined as follows : -- "Foreign agency" means any cffice or establishment of the diplomatic or consular representative of a foreign Government by whatever name called, and includes any information, public relations, trade or commercial agency, service centre or foundation established or maintained by any such Government or by any person who is a national of a foreign country."
82. The object clearly is that foreigners may not use the influence of such/ employees in their previous institution or office or for espionage. No objection can be taken to this Act.
83. ' The Members of the National Assembly (Salaries and Allowances) Act XIII of 1966 ' The Act was repealed by section 15 of Act XXVII of 1975.
84. ' The Cost and Industrial Accountants Act, 1966 (Act No, XIV of 1966)
85. ' The Act provides for the regulation of the profession of cost and management Accountants and for that purpose to establish Institute of Management Accountants. It provides for registration of members of the profession, classification of members of the Institutes into fellows and associates and their qualification (section 5), bar of practice without holding a certificate of practice which the Council of Institutes may grant (section 6), the Designation of members as Industrial Accountants (section 7), disabilities for registration (section 8), constitution, dissolution and the functions of the Council of the Institute and its Committees, removal of name of member from the Register and penalties etc. ' Section 20 dealt with the removal of name from the Registration and is as follows.
86. ' The Council may remove from the Register the name of any member of the Institute :-
(a) who is dead ; or
(b) from whom a request has been received to that effect ; or
(c) who has not paid any prescribed fee payable by him ; or
(d) who is found to have been subject, at the time when his name was entered in the Register, or who, at any time thereafter has become subject, to any of the disabilities mentioned in section 8, or who, for any other reason, has ceased to be entitled to have his name borne on the Register.
(2) The Council shall remove from the Register the name of any member who is not entitled to remain a member under this Act.
87. The disabilities in section 8 are the following :- "Notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in or borne on the Register if he :-
(i) has not attained the age of twenty-one years at the time of his application for the entry of his name in the Register ; or
(ii) is of unsound mind and stands so adjudged by a competent Court ; or
(iii) is an un discharged insolvent ; or
(iv) having been discharged of insolvency, has not obtained from the Court a certificate stating that his insolvency was caused by misfortune without any misconduct on his part ; or
(v) has been convicted by a competent Court whether within or without Pakistan, of an offence involving moral turpitude and punishable with imprisonment, or of an offence, not of a technical nature, committed by him in his professional capacity unless in respect of the offer committed he has either been granted a pardon, or, on an application made by him in this behalf, the Federal Government has, by an order in writing removed the disability ; or
(vi) has been removed from the membership' of the Institute on being found on inquiry to have been guilty of professional or other misconduct."
88. ' Removal of a person's name from the Register can be ordered either on death, resignation, default or on ground of being subject to disabilities under section 8. Then disabilities depend for their proof on Court order or orders passed after due enquiry which can be passed only after hearing. There is however no provision about hearing in section 20 ; such provision shall be added.
89. ' The Civil Pioneer Force Ordinance, 1965 (Ordinance No, XXVII of 1965)
90. ' The Ordinance provides for constituting a Civil Pioneer Force for service in Pakistan and for organisation, control and discipline thereof.
91. ' Section 4 deals with the duties of the Force and is as follows : "(1) It shall be the duty of the Force and of the persons enrolled therein as and when required by the Federal or a Provincial Government or by an authority authorised in this behalf by the Federal or Provincial Government for the purpose of securing the defence of Pakistan or any part thereof, the public safety, the maintenance of public order or the efficient prosecution of war, or for maintaining supplies and services essential to the life of the community.
(a) to repair and maintain important lines of communications, to clear roads after enemy raid, to construct diversions in case of floods, bridges and air landing grounds ;
(b) to load, unload or stack large quantity of warlike and other important items which of necessity may have to be moved from one place to another ;
(c) to construct defence works and air raid shelters ;
(d) to man vital or other installations in case of emergencies ;
(e) to clear debris from important Headquarters and office after an enemy bombardment ;
(f) to perform work in factories, workshops and shipyards ;
(g) to render such other services as, in the opinion of the Federal or a Provincial Government are necessary or expedient for the purpose aforesaid."
92. ' A Unit shall be liable for service in the part of Pakistan for which it has been constituted under section 3, and shall be liable, if the Federal Government so orders, for service in any other part of Pakistan.
93. ' No objection can be taken to the Ordinance as such. Only clause (a) of section 12 requires consideration. Section 12 provides for punishment of minor offences which may 'extend to one year or with fine which may extend to five hundred rupees or with both'. Under clause (a) it is an offence for a person to be in a state of intoxication when on or detailed for duty. No provision is made for punishment of drinking liquor which is a different offence.
94. The punishment under clause (a) is for being found drunk on duty or when a person connected with the force is detailed for duty. Drinking liquor which is an offence under section 6 of the Prohibition (Enforcement of Hadd) Order, 1979 is a different offence and separate punishment for both the offences can be passed without offending the principles of autre fois convict or autre fois acquit.
95. ' It is necessary to clarify in the Ordinance that a person found guilty in clause (a) shall also be tried and punished under the Prohibition (Enforcement of Hadd), Order, 1979 by the ordinary Court having jurisdiction. Alternatively the power to try and to hear appeal can be conferred upon higher Officers of the Force.
96. ' In Shariah there is no power either to pardon a person accused of a Hadd offence or to give him any other punishment except that of Hadd. The proposition is well-known that Hadd is a fixed punishment which can neither be reduced nor enhanced. The Hadith against embargo on trial is well-known in which the Holy Prophet on recommendation in favour of a their said, that he would cut the hands of Fatima (his daughter) if she committed the offence and he condemned Jews who behaved contrarily when the accused party was influential.
97. ' Sections 14, 15 and 16 deal with such cases and allow the award of departmental sentence or reprimand to an offender under section 12 without any trial.
98. ' It shall be clarified that this provision shall not apply to cases of trial under the Prohibition (Enforcement of Hadd), Order, 1979.
99. ' The Electricity Control Ordinance, 1965 Ordinance No, XXVIII of 1965 This Ordinance provides for powers to control the production, distribution, use and consumption of electrical energy during an emergency throughout Pakistan.
100. ' No objection can be taken to this Ordinance.
101. ' The Control of Employment Ordinance X XXII-of 1965 The object of the law is to provide for the collection of information relating to employment in industrial undertaking and availability of persons therefor, and for the control and distribution of such employment and matters connected therewith or incidental thereto. This object is further elucidated z by section 3 which provides that the Federal Government shall be the policy making body as regards the purpose of this Ordinance and be responsible for co-ordinating Manpower problem with the object of bringing a national approach to the labour supply policy during an emergency.
102. ' The Ordinance provides for the constitution of a manpower Board for the above purpose and with this purpose the Board is authorised to :
(a) require any person or industrial undertaking to furnish or cause to be furnished, such information and in such manner and form as it may specify ;
(b) take measures, or cause measures to be taken, by an industrial undertaking or other competent authority, to ensure that the required number of persons is available for employment in such undertaking;
(c) require any person to undertake any essential work he is competent to do ;
(d) prohibit any person from accepting any employment or offer of employment ;
(e) control or regulate the employment in any industrial undertaking ; ( f ) regulate the relinquishment of employment by, and the dismissal of, any person employed in any industrial undertaking; (g)order the release, transfer, interview, training or test of skill of any person employed or to be considered for employment in any industrial undertaking ;
(h) prohibit persons employed or engaged in any essential work from leaving the work or absenting themselves from duty or slowing down-, or otherwise impeding their output ;
(1) lay down the terms and conditions of service of persons employed, or to be employed, in any industrial undertaking ; ( j) authorise any of its members or officers to enter upon, inspect and search any premises occupied by any industrial undertaking and to ask for and examine any document relating to such undertaking and to require any person employed or found therein to furnish any information relating thereto ;
(k) authorise any of its officers or any persons employed in managerial or supervisory capacity in any industrial undertaking to test therein the technical skill of such persons as the Board may, by order in writing direct and require any such undertaking to afford reasonable facilities for such test ;
(1) require any industrial undertaking to maintain such books of accounts and records and in such form as it may direct , and
(m) require the employment exchanges to issue call up notices.
103. ' Section 6 obliges any person or industrial undertaking to whom any direction or order is directed to comply with it. If he is aggrieved against an order he may prefer an appeal to the Provincial Government or such Officer or authority as the Provincial Government appoint, and the decision of the appellate authority shall be final.
104. ' Section 7 provides that every employer by whom a person was released for any essential work or for service under the Compulsory Service in Armed Forces Ordinance, XXXI of 1971 in pursuance of an order or requisition of the Board or of a notice served under section (5) of the said Ordinance, shall on the termination of, or release from, such work of service, reinstate such person in his former employment from which he was released and if such re-instatement is less favourable to such person than that to which he would, in the ordinary course, have been entitled, give him such employment as is not so less favourable: ' Provided that the employer shall not be required to so re-instate or employ any person if such person does not apply or report to him for the purpose within three months of the termination of, or release from, the essential work or such service.
105. ' It is, however, open to the employer to apply for exemption from this provision to the Manpower Tribunal and the Manpower Tribunal shall make an order after due inquiry and hearing.
106. It appears that the Ordinance does not aim at encroaching upon the power of an individual except to the extent necessary for proper utilization of the manpower in the country.
107. ' The law is not repugnant to Sharia except to the extent that section 161 does not provide for hearing the aggrieved party in the appeal. Such! Provision is necessary to be added to subsection
(2) of section 16.
108. ' The Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965 Ordinance No, LW of 1965 The object of the Ordinance is to provide speedy recovery of possession ' of Central Government lands and buildings from outgoing lessees and licensees and unauthorised occupants.
109. ' Section 3 provides for the eviction of lessees and licensees after the expiry of the terms of leases or licenses and the determination of such leases or licenses on the grounds of breach of any covenant imposing an obligation on the lessee or licensee to give up possession of the demised land or building required for any public purpose. It empowers any Authorised Officer of the Government to enter the premises and remove the structure thereof which belongs to the evictee.
110. ' Section 4 provides for revocation of licence of a person in the service of Pakistan (in addition to the ground mentioned in section 62 of the Easements Act, 1882) on the grounds of his removal dismissal, resignation, retirement or death or transfer from that station to other station.
111. ' Section 3 provides that before demolishing or removing any structures, notice shall be issued to the lessee or licensee calling upon him to remove such a structure within the period specified in the notice.
112. ' Section 4 provides for at least 14 days notice to the licensee for vacating such building.
113. ' Section 5 provides that if the Federal Government is satisfied after making such enquiry as it thinks fit that a person is an occupant of the land or building without authorisation it may direct such persons to vacate the land or building within the period specified in the order. In case of refusal or failure to vacate, the Government may enter upon the land or building and recover possession of the same by evicting such persons and may also demolish or remove the structure, if any, erected or built by that person. Force can be used for the purpose of recovering possession (section 6). The cost of demolition of the structure and its removal is payable by the lessee or the unauthorised occupant and can be recovered as arrears of land revenue. The arrears of rent payable can also be similarly recovered.
114. Section 10 bars the jurisdiction of civil Courts and section 11 provides for anything done or intended to be done in the Ordinance in good faith.
115. ' After the determination of lease or licence on its expiry or on the automatic revocation of a licence of a Government servant, the position of that lessee or licensee on the property is, undoubtedly that of an authorised occupant for whose eviction the Government can adopt any reasonable procedure. The evictions by the Court are regulated by law or the Constitution. Similar is the provision in Sharia, where the Head of the State can confer any jurisdiction and thus the powers of the Court are governed by law in Sharia too.
116. ' The power and jurisdiction of the Qazis and Courts were to be fixed by the Caliph and Governor.
117. Sometimes special Qazis were to be appointed with specific powers and they were not allowed to cross those limits and jurisdiction. Sometime specific Qazis were also appointed in specific cases of specific areas.
118. (Al-Ahkamus Sultania by Mawardi (Urdu Translation) pages 129, 130, printed at Qanuni Kutabkhana, Lahore).
119. ' The only objection which is possible in this case is that the procedure preparatory to passing an order of dispossession is not provided. There should be a provision for affording an opportunity of being heard even to a Ci person who is said to be absolutely unauthorised. This purpose can b.Lc, served by providing that the action can be taken after service of a notice and if any objection is raised it should be decided by an authority which is empowered to do so under the rules or by any notification issued by the Government or by an officer who is vested with the powers under this Ordinance.
120. ' The Cantonments Pure Food Act, 1966 Act No, XVI of 1966 The Act makes provision for preventing the adulteration of food which is extremely detrimental to the public health. It also offends the Sharia rules against fraud, exploitation and profiteering at the cost of the consumer.
121. ' The Act advances the Sharia objectives.
122. ' The Islamabad (Preservation of Landscape) Ordinance, 1966 Ordinance No, III of 1966 Islamabad is the Capital city of Pakistan and has been newly constructed according to settled scheme and design. The object is only to provide for the preservation of its landscape. Section 4 for this reason provides that no person shall remove destroy, damage or alter anything or commit any other act except with the permission of the Capital Development Authority, if such removal destruction, damage, alteration or act affects or is likely to affect a landscape injuriously.
123. ' No objection can be taken to any provision of the Act.
124. ' The Investment Corporation of Pakistan Ordinance, 1966 Ordinance No, IV of 1966 The Act establishes and incorporates the Investment Corporation Pakistan.
125. ' The Act is unexceptionable.
126. ' The Weights and Measures (International System) Act, 1967 Act V of 1967 The Act establishes standard of weights and measures based on the international standard and to provide for matters connected therewith.
127. ' No objection can be raised to any provision thereof.
128. ' The Excise Duty of Minerals (Labour Welfare) Act, 1967 Act VIII of 1967 ' The Act is not within our jurisdiction. The Pharmacy Act, 1967 (Act XI of 1967)
129. ' The Act establishes Pharmacy Councils to regulate the practice of pharmacy and for matters connected therewith. The purpose of the law can be gauged from section 17 which deals with the functions by the Central Pharmacy Council known as the Pharmacy Council of Pakistan.
130. "Section 17.-The functions of the Central Council shall be-It is as follows :- :a) to approve examinations in pharmacy for the purpose of qualifying persons for registration as pharmacists ;
(b) to prescribe the subjects in which approved examinations shall be held;
(c) to approve the courses of study and practical training in pharmacy for the purpose of admission to approved examinations ;
(d) to prescrice the conditions and procedure for admission of candidates to an approved examination;
(e) to lay down the standard of teaching to be maintained by institutions conducting the approved courses of study ;
(f) to prescribe the equipment and facilities to be made available to the study ;
(g) to recognise degree or diplomas in pharmacy for the purpose of registration as pharmacists ;
(h) to cause inspection of institutions which conduct any courses of study in Pharmacy and of the teachings imparted and examinations held by them ; and
(i) to do such other acts and things as it may be empowered or required to do or under this Act."
131. ' It provides for registration as Pharmacists as also for its revocation but the revocation is to do after affording opportunity of being heard to the person affected thereby.
132. The act is merely regulatory of the profession of pharmacy and there nothing in it which may be said to be in any manner contrary to Sharia.
133. ' The Carriage By Air (Supplementary Convention) Act, 1968 Act No, V of 1968 The Act enforces an International Convention and is in the nature of a treaty. It is unexceptionable.
134. ' The Privy Purses (Charged Expenditure) Act IX of 1968 ' This was substituted by Presidential Order No, IV of 1975. Also see Rulers of Acceding States (Abolition of Privy Purse and Privileges) Order, 1972.
135. ' The Federal Employees Benevolent Fund and Group Insurance Act II of 1969 ' This Act consists of 2 parts, one relating to Benevolent Fund and the other to Insurance. The part regarding Insurance is not within our jurisdiction. We have, therefore, examined up to section 14 and Chapter V along-with the First Schedule. Benevolent Fund becomes the legal property of the employee since under section 12, the employee is bound to subscribe to it however minimal the subscription may be. Section 13 provides that if the employee is completely incapacitated physically or mentally to discharge the duties of his employment and is for that reason removed from service he shall be entitled to receive a Benevolent Grant according to the scale specified in the First Schedule for a period of 10 years or up to the date on which the employee attains or might have, if he were alive, attained the age of 65 years whichever is earlier.
136. ' It also provides that in the event of his death, his family shall be entitled to receive the Benevolent Grant for the same period and according to the same scale. The word 'family' is defined in subsection (5) of section 2 as follows :-
(a) In the case of a male employee, the wife or wives, and in the case of a female employee, the husband of the employee ; and
(b) the legitimate children, parents, minor brothers, unmarried, divorced or widowed, sisters of the employee wholly depends upon him."
137. This definition cannot be sustained in Sharia since the Benevolent Fund is the right of the deceased which in case of his death accrues and must accrue to his heirs. According to Sharia an heir cannot be disentitled to his inheritance. It shall be clarified that the word 'family' in case of Muslims will mean and include the Personal Law heirs of the employees.
138. ' The Natural Gas (Development Surcharge) Ordinance, 1967Ordinance 1 of 1967 This Ordinance deals with the Levy of Development surcharge on Natural gas and for matters connected therewith. It also provides that no company M shall sell or offer for sale natural gas at a price higher than the fixed sale price. M The gas is the property of the Federal Government vide Article 172 of the Constitution. The Legislature can deal with it as it likes.
139. ' The Act is not open to any exception.
140. ' The Pakistan Tobacco Board Ordinance I of 1968 The Ordinance provides for establishment of a Tobacco Board for the N promotion of the cultivation, manufacture and export of tobacco and tobacco products. The functions of the Board are as follows :-
(a) to regulate, control and promote the export of tobacco and tobacco products and to fix grading standards ;
(b) to undertake and assist research connected with tobacco industry, impart training in tobacco testing and generally to take measures in the interest of the tobacco industry;
(c) to render assistance for the development of the existing and new tobacco growing areas and establishment of model farms, to organise and assist in special research connected with tobacco cultivation and generally to render assistance for improving tobacco production;
(d) to collect statistics on any matter relating to tobacco and tobacco industry, and
(e) to perform such other function as the Federal Government may, from time to time, direct.
141. Section 8 authorizes the Government to fix the minimum prices below which and the maximum prices above which, tobacco of various grades shall not be bought or sold for consumption within Pakistan or for export and different prices may be fixed in respect of different areas.
142. ' It has already been seen that the price control if it is for the advancement 0 of the interest of the public is permitted in Islam. All the objects given in section 7 are for the advancement of the public interest. The justification of fixation of minimum prices lies in a badith of Hazrat Umar in which he stopped Haris Bin Baltaa from selling his goods in the market at a price lowe than that prevalent in the market.
143. ' It was related by Saeed bin-e-Musayyib that once Hazrat Umar passed near Hatib bin-e-Habib Baltaa and he was selling raisins in the market. Hazrat Umar said to him, "Either you increase the rates or get out from our market". (Muwatta Imam Malik, Kitabul Buyuh, Hadith No, 57, page 261).
144. ' The Act is not repugnant to Sharia.
145. ' The Enemy Property Continuance of Emergency Provisions) Ordinance I of 1969.
146. It provides for the continuance of certain provisions of 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.
147. ' The provisions of the Act are not open to any objection.
148. ' The Requisitioned Land (Continuance of Power)Ordinance, 11 of 1969 ' The Ordinance deals with continuance of requisition or release from requisition or the acquisition of land already under requisition. The compensation in case of acquisition is assessable according to the provisions of S. 23 (I) of the Land Acquisition Act and can be fixed either in accordance with agreement or the award of an arbitrator who has been or is qualified for appointment as a Judge of a High Court.
149. Similar Act has already been examined vide judgment, dated 8-11-19821Q and held to be unexceptionable.
150. ' The War Risks Insurance Continuance Ordinance, 1969 Ordinance No, V of 1969 ' It provides for the continuance of the War Risks Insurance Fund established in the War Risks Insurance Ordinance, 1965.
151. ' The Ordinance obviously is beyond our jurisdiction.
152. ' The Securities and Exchange Ordinance XVII of 1969 ' The Ordinance provides for the protection of investors, regulation of markets and dealings in securities. It makes provision for registration and regulation of Stock Exchanges, regulation of issuers of listed securities, prohibition of fraudulent acts, etc. And prohibition of false statement, regulation of Investment Advisers and Investment companies.
153. The Ordinance eminently provides for securing the interest of the investors in their dealing inter alia in stock exchange.
154. ' The Defence Services (Inquiry) (Special Provisions)Ordinance XIX of 1969.
155. The Ordinance merely provides for a universal procedure for inquiry into the conduct of a member of the defence service, serving otherwise than in an T organization or unit of his service. Thereafter the only order that can be T passed is that the person proceeded against be dealt with in the manner authorised by the service law.
156. ' The Ordinance does not infringe any Sharia provisions.
157. ' The Equity Participation Fund Ordinance, 1970 (Ordinance I of 1970)
158. ' This Ordinance establishes in the less developed areas of Pakistan an Equity Participation Fund to promote and generate investment in the private sector in the less developed areas of Pakistan and certain other areas providing equity support to the entrepreneure of m Aerate means who are unable to raise funds for industrial activity from the capital market. The details of the businesses which the fund can transact are given in section 14 which is reproduced : "S. 14.-The fund may carry on, transact or do several kinds of business and acts hereinafter specified namely :-
(a) extending of equity support for supplementing the capital resources of small-sized enterprises and medium-sized enterprises in the private sector in the less developed areas of Pakistan or in areas outside Pakistan through outright purchase of equity ;
(b) underwriting, managing, and distributing the issue of stocks and shares of such enterprises either singly or in conjunction with other financial institutions ;
(c) facilitating investment by selling new share floatations of companies wittiout underwriting obligations ;
(d) purchasing or otherwise acquiring, owning selling, transferring and exchanging any tangible and intangible movable, or immovable property or any rights, title or interest in the such property acquired for the conduct of its business ;
(e) accepting and furnishing any lien, charge, hypothecation or mortgage of any intangible movable or immovable property or assets in the conduct of its business ; .
159. (j- ) selling of shares acquired or held by it through stock exchanges in Pakistan or by private negotiations required for revolving its funds or for any other purpose ;
(g) entering into agreements and contracts and executing such documents as may oe considered necessary for the discharge of its functions ;
(h) receiving and paying commissions, fees and brokerage in connection with its business ;
(i) investing its surplus funds in securities in the manner specified for this purpose by the Board from time to time ; ( j), acquiring or retaining as part of its assets any stocks or shares which it may have to take up in the discharge of any liability incurred through underwriting commitments ;
(k) appointing attorneys and agents ;
(1) acquiring, retaining and disposing of assets of any type in satisfaction of its claims ;
(m) doing of all such acts and things as may be incidental or subsidiary to transacting any of the aforesaid businesses ;
(n) doing of such other acts and things in furtherance of purposes of the Ordinance as the Federal Government may from time to time direct.
(2) The fund shall perform its functions in accordance with the rules and regulations.
160. The object if the law is not only to attract, encourage and help men of moderate means in business en exprise but also in this manner to attract and bring into circulation their idle money through business. Hoarding of money is not approved in Islam nor is parsimony or extravagance.
161. The Hoard of , idle money can either be spent on charitable purposes and public welfare programme or can be invested for accelerating trade or production and adding to the per capita income of the people in the country. The object is laudable in Sharia.
162. ' The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (Ordinance No, V of 1970)
163. ' The Ordinance provides for measures against undue concentration of economic power, growth of unreasonable monopoly power and unreasonably restrictive trade practices which are injurious to the economic well-being, growth and development of Pakistan. It sets up Monopoly Control Authority with the object as given in the section 3 that there shall be no undue concentration of economic power, unreasonable monopoly power or unreasonably restrictive trade practices. The primary object of the Ordinance is that the wealthy does not become wealthier in a manner that as a result of which the poor becomes poorer and that the companies in Pakistan may not after acquisition of monopoly in any field be able to increase prices as a result of their power to control the market and restrict the supply.
164. Ibn-e-Qayyim has stated that on the principle that prices, rents and wages etc. Can be controlled, the monopoly is also banned in the larger interest of the public. In this connection he writes, "If a person or a group of persons monopolises the business of a specific kind of food or other commodity in a v way so that thing will not be sold by other traders, it provides, them a chance v to sell it at their desired price. This results in mischief and great harm to the public, and as such restriction must be imposed on this tendency and rates must be fixed. They will be compelled not to sell or pure case except on customary rates. There is no difference of opinion among the Jurists on this question. (Atturuqul Hultiniyya Ibn-e-Quyyim, page 245).
165. ' The Ordinance advance. The Sharia objectives.
166. ' The Central Law Officers Ordinance, 1970 (Ordinance No, VII of 1970)
167. This Ordinance deals with the appointments of Attorneys-General, Deputy w Attorneys-General and Standing Counsel of the Government and their terms W and conditions of service.
168. ' It is not in any way repugnant to Sharia.
169. ' The Sugar Export Subsidy Fund Ordinance, 1970Ordinance No, XX of 1970 The Ordinance provides for the establishment of a Sugar Export Subsidy 1X Fund for promoting export of sugar.
170. ' This is an administrative Act and is for public weal.
171. ' The Pakistan National Service Ordinance, 1970 (Ordinance XXII of 1970)
172. The object of the Ordinance is to introduce compulsory national servicelY in Pakistan.
173. ' The Members of the National Assembly (Exemption from Preventive Detention and Personal (Appearance) (Ordinance IX of 1963)
174. It is ordered that section 4 of the Ordinance shall be omitted.
175. The Cantonments Rent Restriction Act XI of 1963 ' It is ordered that sections 7 and 8 be amended and provisions fork periodical increase in rent as incorporated in sections 4 and 5 of the West' Pakistan Urban Rent Restriction Ordinance, 1959 be added to them.
176. ' The Cost and Industrial Accountants Act XIV of 1966 In section 20 specific provisions for hearing of the person against whol y action is taken be added.
177. The Civil Pioneer Force Ordinance XXVII of 1965 In section. 12 it should be provided that a person who is found drunk while on duty or he is detailed for duty shall also be tried under the provisions of The Prohibition (Enforcement of Hadd) Order, 1979 (P.
0. No, 4 of 1979).
178. It should also be provided that the provisions of sections 14, 15 and 16 shall not apply to a trial under the above Order.
179. ' The Control of Employment Ordinance XXXII of 1965 Provisions be added in subsection (2) of section 16 about affording anr opportunity of being heard to the party aggrieved before the appeal.
180. ' The Central Government Lands and Buildings (Recovery of Possession) Ordinance, LIV of 1965 Provision shall be added in the Ordinance for affording an opportunity1C of being heard to the occupant before his eviction.
181. ' The Federal Emloyees Benevolent Fund and Group Insurance Act II of 1969 Section 2, subsection (5) shall be amended to provide that in case of Muslims the word 'family' will mean heirs according to the personal law of L the deceased.
182. ' The Defence Services (Inquiry) (Special Provisions) Ordinance XIX of 1969 Appeal shall be provided for against the action under section 4.12' It is ordered that the above- mentioned amendments be carried out by theiZ 30th November, 1983.