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1986 CLC 1429

TILLA MUHAMMAD AND ANOTHER
V/S
GOVERNMENT OF NORTH-WEST FRONTIER PROVINCE THROUGH SECRETARY, LAW DEPA

Per Faiz Muhammad Khan, J.

(a) Constitution of Pakistan(1972), Article 280.
Constitution of Pakistan(1973), Article 128.

—Para. 25–Land Reforms (North–West Frontier Province Amendment) Ordinance (XI of 1981)–Laws (Continuance in Force) Order (1 of 1977), Arts. 6 & 7–Provisional Constitution Order (1 of 1981), Art. 9–Interim Constitution of Pakistan (1972), Art. 280 read with Seventh Schedule Constitution of Pakistan (1973), Art. 128–Vires of Land Reforms (North-West Frontier Province Amendment) Ordinance 1981–Power of Government of Province to amend Land Reforms Regulation, 1972 (M.L.R. 115)–Land Reforms Regulation, 1972 (M. L. R.115) ‘existing law’ within meaning of Art. 280 of Interim Constitution 1972, kept alive and not affected by Constitution, 1973–Regulation could be altered, repealed or amended by Governor appropriate legislature subject to restriction that before it was altered, repealed or amended, prior sanction of President was to be obtained, as required by proviso to sub-Article (3) of Art. 280 of Interim Constitution and sub-Art. (2) of Art. 268 of 1973 Constitution–Subject of land, rights in or over land, land tenure etc. including matters incidental or ancillary thereto, having been provided as item Nos. 20 and 54 in List II (Provincial Legislature List) contained in Fourth Schedule to that Constitution falling within Provincial field except to extent as related to maximum limits prescribed thereby which could be owned, held, possessed controlled by any person which power came to be vested in Federal Legislature in view of Art. 2563(1)(a) of 1973 Constitution–Governor of Province, therefore, having legislative powers with regard thereto, was competent to amend Martial Law Regulation No. 115 and vires of Provincial legislation amending said Land Reforms Regulation by Ordinance in question could not be disputed–Ordinance issued by Governor amending Land Reforms Regulation was also not subject to other requirement of Article 128 of Constitution (1973) because enforcement of Art. 128 was by Art. 2. Provisional Constitution Order, 1981 made subject to any order made by President or Chief Martial Law Administrator including Laws (Continuance in Force) Order, 1977 which mad by Chief Martial Law Administrator Provisional Constitutional Order, 1981 was therefore, to remain in force without limit as to its duration, mentioned in Article 7(1) of Laws (Continuance in Force) Order, 1977 which was made by Chief Martial Law Administrator–Ordinance made by Governor was therefore held a good law and amendment made by it in Regulation had force of law–Contention that Land Reforms Regulation was a ‘central’ law and could not be amended by provincial legislature, held, had no force.–[Vires of legislation]. [pp. 1432, 1433]A, B, C & D

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