h1

1stSchedule Laws exempted from the operation of Article 8(1) and (2)

1[FIRST SCHEDULE]

[Article 8 (3) (b) and (4)]

Laws exempted from the operation of Article 8 (1) and (2).

PART 1

1. President’s Orders

1. The acceding State (Property) Order, 1961, 1961 (P.O. No. 12 of 1961).

2. The Economic Reforms Order, 1972 (P.O. No. 1 of 1972).

II. REGULATIONS

1. The Land Reforms Regulation, 1972.

2. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.

3. The Economic Reforms (Protection of Industries) Regulation, 1972.

4. The Distribution of Property (Chitral) Regulation, 1974 (II of 1974).

5. The Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974).


6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) (Amendment) Regulation, 1975 (II of 1975).

2[7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment) Regulation, 1976 (II of 1976).

III. FEDERAL ACTS

1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974).

2. The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975).

3[3. The Flour Milling Control and Development Act, 1976 (LVII of 1976).

4. The Rice Milling Control and Development Act, 1976 (LVIII of 1976).

5. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).]

4[6.The Pakistan Army Act, 1952 (XXXIX of 1952). 

7.  The Pakistan Air Force Act, 1953 (VI of 1953).

8.  The Pakistan Navy Ordinance, 1961 (XXXV of 1961).

9.  The Protection of Pakistan Act, 2014 (X of 2014).]

IV. ORDINANCES PROMULGATED BY THE PRESIDENT

The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance.

V. PROVINCIAL ACTS

1. The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974).

2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment) Act, 1975 (Baluchistan Act VII of 1975).

5[VI. PROVINCIAL ORDINANCE

The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.]

PART II

I. PRESIDENT’S ORDERS

1. The Minerals (Acquisition and Transfer (Order, 1961) (P.O. No. 8 of 1961).

2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P.O. No. 2 of 1972).

3. The Co-operative Societies (Reforms) Order, 1972 (P.O. No. 9 of 1972).

4. The Life Insurance (Nationalization) Order, 1972 (P.O. No. 10 of 1972).

5. The Martial Law (Pending Proceedings) Order, 1972 (P.O. No. 14 of 1972).

6. The Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P.O. No. 15 of 1972).

7. The Industrial Sanctions and Licences (Cancellation) Order, 1972 (P.O. No. 16 of 1972).

8. The Criminal Law Amendment (Special Court) Order, 1972 (P.O. No. 20 of 1972).

II. REGULATIONS

1. Rawalpindi (Requisition of Property) Regulation, 1959.

2. The Pakistan Capital Regulation, 1960.

3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961.

4. The Income Tax (Correction of Returns and False Declaration) Regulation, 1969.

5. The Improper Acquisition of Property Regulation, 1969.

6. The Removal from Service (Special Provisions) Regulation, 1969.

7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969.

8. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.

9. The Enemy Property (Payment of Money Due to Enemy) Regulation, 1970.

10. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.

11. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.

12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.

13. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971.

14. The Foreign Exchange Repatriation Regulation, 1972.

15. The Foreign Assets (Declaration) Regulation, 1972.

16. The Removal from Service (Review Petition) Regulation, 1972.

17. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.

18. The Enemy Property (Revocation of Sales) Regulation, 1972.

19. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.

20. The Dir and Sawat (Settlement of Disputes of Immovable Property) Regulation, 1972.

21. The West Pakistan Industrial Development Corporation (Revocation of Sale or Transfer) Regulation, 1972.

22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972.

23. The Co-operative Banks (Repayment of Loans) (Punjab) Regulation 1972.

24. The Co-operative Societies (Repayment of Loans) (Sind) Regulation, 1972.

III. ORDINANCES PROMULGATED BY THE PRESIDENT

1. The Control of Shipping Ordinance, 1959 (XIII of 1959).

2. The Jammu and Kashmir (Administration of Property Ordinance), 1961 (III of 1961).

3. The Muslim Family Laws Ordinance, 1961 (VIII of 1961).

4. The Security of Pakistan (Amendment) Ordinance, 1961 (XIV of 1961).

5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961).

6. The Trade Organisations Ordinance, 1961 (XLV of 1961).

6[IV. FEDERAL ACTS

The Censorship of Films Act 1963 (XVIII of 1963)].

V. ORDINANCES PROMULGATED BY THE GOVERNOR
OF FORMER PROVINCE OF WEST PAKISTAN

1. The West Pakistan Government Educational and Training Institutions Ordinance, 1960 (W.P. Ordinance No. XI of 1960).

2. The West Pakistan Waqf Properties Ordinance, 1961 (W.P. Ordinance No. XXVIII of 1961).

3. The Societies Registration (West Pakistan Amendment) Ordinance,+ 1962 (W.P. Ordinance No. IX of 1962).

4. The West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963 (W.P. Ordinance No. IV of 1963.

VI. ORDINANCES PROMULGATED BY THE GOVERNOR
OF THE NORTH-WEST FRONTIER PROVINCE.

1. The North-West Frontier Province Government Educational and Training Institutions Ordinance, 1971 (N.-W.F.P. Ordinance No. III of 1971).

2. The North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.-W.F.P. Ordinance No. V of 1971).

3. The North-West Frontier Province Gomal Zam Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.-W.F.P. Ordinance No. VIII of 1971).

_____________________________________________________

Footnotes:

1. Section 12 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), substituted the First Schedule, in its present form, (w.e.f. November 21, 1975) in place of the Schedule as adopted in 1973, that read :

“FIRST SCHEDULE”

[Article 8 (3) (b)]

Law exempted from operation of Article 8 (1) and (2)

I. PRESIDENT’S ORDERS

1. The Minerals (Acquisition and Transfer) Order, 1961 (P.O. No. 8 of 1961).
2. The acceding States (Property) Order 1961, (P.O. No. 12 of 1961).
3. The Economic Reforms Order, 1972 (P.O. 1 of 1972).
4. The Companies (Managing Agency and Election of Directors) Order, 1972 (P.O. No. 2 of 1972).
5. The Co-operative Societies (Reforms) Order 1972, (P.O. 9 of 1972).
6. The Life Insurance (Nationalisation) Order, 1972 (P.O. No. 10 of 1972).
7. The Martial Law (Pending Proceedings) Order, 1972 (P.O. No. 14 of 1972).
8. The Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P.O. No. 15 of 1972).
9. The Industrial Sanctions and Licences (Cancellation) Order, 1972 (P.O. No. 16 of 1972).
10. The Criminal Law Amendment (Special Court) Order, 1972 (P.O. No. 20 of 1972).

II. REGULATIONS

1. Rawalpindi (Requisition of Property) Regulation, 1959.
2. The Pakistan Capital Regulation, 1960.
3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961.
4. The Income-tax (Correction of Returns and False Declaration) Regulation, 1969.
5. The Improper Acquisition of Property Regulation, 1969.
6. The Removal from Service (Special Provisions) Regulation, 1969.
7. The living Beyond Ostensible Means (Punishment) Regulation, 1969.
8. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.
9. The Enemy Property (Payment of Money Due to Enemy) Regulation, 1970.
10. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.
11. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.
12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
13. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971.
14. The Foreign Exchange Repatriation Regulation, 1972.
15. The Foreign Assets (Declaration) Regulation, 1972.
16. The Removal from Civil Service (Special Provisions) Regulation, 1972.
17. The Land Reforms Regulation, 1972.
18. The Removal from Service (Review Petition) Regulation, 1972.
19. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.
20. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.
21. The Enemy Property (Revocation of Sales) Regulation, 1972.
22. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.
23. The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation, 1972.
24. The West Pakistan Industrial Development Corporation (Revocation of Sale or Transfer) Regulation, 1972.
25. The Economic Reforms (Protection of Industries) Regulation, 1972.
26. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972.
27. The Co-operative Banks (Repayment of Loans) (Punjab) Regulation, 1972.
28. The Co-operative Societies (Repayment of Loans) (Sind) Regulation, 1972.

III. ORDINANCES PROMULGATED BY THE PRESIDENT

1. The Control of Shipping Ordinance, 1959 (XIII of 1959).
2. The Jammu and Kashmir (Administration of Property) Ordinance, 1961, (III of 1961).
3. The Muslim Family Laws Ordinance, 1961 (VIII of 1961).
4. The Security of Pakistan (Amendment) Ordinance, 1961 (XIV of 1961).
5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961).
6. The Trade Organisation Ordinance, 1961 (XLV of 1961).

IV. FEDERAL ACTa*[S].

1. The Censorship of Films Act, 1963 (XVIII of 1963).
a* [2. The Land Reforms (Amendment) Act, 1974.]

V. ORDINANCES PROMULGATED BY THE GOVERNOR OF FORMER
PROVINCE OF WEST PAKISTAN.

1. The West Pakistan Government Education and Training Institutions Ordinance, 1960 (W.P. Ordinance No. XI of 1960).
2. The West Pakistan Waqf Properties Ordinance, 1961 (W.P. Ordinance No. XXVIII of 1961).
3. The Societies Registration (West Pakistan Amendment) Ordinance, 1962 (W.P. Ordinance No. IX of 1962).
4. The West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963 (W.P. Ordinance No. IV of 1963).

VI. ORDINANCES PROMULGATED BY THE GOVERNOR OF THE
NORTH-WEST FRONTIER PROVINCE

1. The North-West Frontier Province Government Educational and Training Institution Ordinance, 1971 (N.-W.F.P. Ordinance No. III of 1971).
2. The North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.-W.F.P. Ordinance No. VI of 1971).
3. The North-West Frontier Province Gomal Dam Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.-W.F.P. Ordinance No. VIII of 1971).
a*. Section 17 of the Constitution (First Amendment) Act, 1974 (33 of 1974), substituted the subheading IV of the first schedule to the constitution and added entry no. 2 therein, (w.e.f. May 4, 1974).

2. Section 18 of the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), added entry No. 7 to subheading II of Part I of the First Schedule, (w.e.f. September 13, 1976).

3. Section 18 of the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), added entry Nos. 3, 4 and 5 to subheading “Federal Acts”, (w.e.f. September 13, 1976).

4.  Section 3 of the Constitution (Twenty-first Amendment) Act, 2015 (I of 2015), added the said new entries, namely nos. 6, 7, 8 and 9, in sub-part III of Part I, of the First Schedule (w.e.f. January 7, 2015).

Sub-section (3) of Section 1 of the Constitution (Twenty-first Amendment) Act, 2015 (I of 2015), expressly provides that the provisions of the said Act, including the said new entries in sub-part III of Part 1, of the First Schedule, shall remain in force for a period of two (2) years (w.e.f. January 7, 2015) and cease to form part of the Constitution and stand repealed on the expiration of the said period.

5. Section 18 of the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), also added subheading VI ” Provincial Ordinance and its entry, (w.e.f. September 13, 1976).

6. Section 12 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), reintroduced subheading IV of the first schedule to the constitution along with its entry, as adopted in 1973, in part II thereof, (w.e.f. November 21, 1975), in place of the subheading and entries substituted by section 17 of the Constitution (First Amendment) Act, 1974 (33 of 1974), (w.e.f. May 4, 1974). However as there is now only one entry under the subheading the draftsman should have deleted the letter “S” after the word “ACT” in the title of the subheading.
Subheading IV and the entries substituted by section 17 of the Constitution (First Amendment) Act, 1974, read :
“IV FEDERAL ACTS
1. The Censorship of Films Act 1963 (XVIII of 1963).
2. The Land Reforms (Amendment) Act 1974”


Comparative Table of 1st Schedule of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
4th Schedule
Constitution of Pakistan 1956 :
Constitution of India 1950:
Government of India Act 1935:

____________________________________________________________

Leading & Latest Cases on 1st Schedule of the Constitution of Pakistan, 1973:

MESSRS DEWAN TEXTILE MILLS LIMITED, KARACHI
PAKISTAN THROUGH MINISTRY OF FINANCE AND 3 OTHERS


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