h1

Article: 212 Administrative Courts and Tribunals

212. Administrative Courts and Tribunals.-(1) Notwithstanding anything hereinbefore contained, the appropriate Legislature may by Act 1[provide for the establishment of] one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of —

(a) matters relating to the terms and conditions of persons 1[who are or have been] in the service of Pakistan, including disciplinary matters;

(b) matters relating to claims arising from tortious acts of Government, or any person in the service of Pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant; or

(c) matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.

(2) Notwithstanding anything hereinbefore contained, where any Administrative
Court or Tribunal is established under clause (1), no other Court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends 2[and all proceedings in respect of any such matter which may be pending before such other Court immediately before the establishment of the Administrative Court or Tribunal 3[, other than an appeal pending before the Supreme Court,] shall abate on such establishment:]

Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution, 4[Majlis-e-Shoora (Parliament)] by law extends the provisions to such a Court or Tribunal.

(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal.

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Footnotes:

1. Section 12 of the Constitution (First Amendment) Act, 1974, (33 of 1974) substituted the said words, in clause (1) of Art. 212, in place of the word “establish” and inserted the said words in paragraph (a) thereof, (w.e.f. May 4, 1974). The substituted and inserted words will be deemed to have always been a part of the said clause and paragraph, respectively.

2. Section 12 of the Constitution (First Amendment) Act, 1974, (33 of 1974) also inserted the said words in clause (2) of Art. 212, (w.e.f. May 4, 1974).

3. Section 15 of the Constitution (Fifth Amendment) Act, 1976, (62 of 1976) further amended clause (2) of Art. 212, (w.e.f. September 13, 1976), by inserting the commas and the said words. The commas and the said words were also deemed to have always been a part of the said clause.

4. See Footnote 2 on page 3.

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Comparative Table of Article 212 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
129
Constitution of Pakistan 1956 :

Constitution of India 1950:
323(a)(b)
Government of India Act 1935:

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Leading & Latest Cases on Article 212 of the Constitution of Pakistan, 1973 :

P L D 1993 KARACHI 107  SHAFIQ HANIF (PVT) LIMITED, KARACHI  BANK OF CREDIT AND COMMERCE INTERNATIONAL (OVERSEAS) LIMITED KARACHI
P L D 1998 SC 1445
MEHRAM ALI AND OTHERS
FEDERATION OF PAKISTAN AND OTHERS
2000 YLR 2724  PHILIPS ELECTRICAL INDUSTRIES OF PAKISTAN LTD.  PAKISTAN AND OTHERS
SYED YAQOOB SHAH
XEN PESCO (WAPDA), PESHAWAR
IMDAD MAGSI AND OTHERS
KARACHI WATER AND SEWERAGE BOARD AND OTHERS
GOVERNMENT OF N.W.F.P THROUGH SECRETARY FOREST DEPARTMENT PESHAWAR
MUHAMMAD TUFAIL KHAN
SYED ALI SHAH BUKHARI
CHIEF SECRETARY, GOVERNMENT OF PUNJAB, LAHORE AND ANOTHER



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