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P L D 1983 SC 457

FAUJI FOUNDATION AND ANOTHER

V/S

SHAMIMUR REHMAN

Per: Muhammad Haleem, Actg. CJ.

(a) Constitution of Pakistan (1973), Article 232;

Article 30(8), Third Schedule, Items 1, 13 & 40 of (1962) Constitution — Companies Act (I of 1913), Ss. 194 (1), 208-E(4) & 209-H(4) — None of items in lists to be read in narrow or restricted sense — Each general word should be held to extend all ancillary or subsidiary matters which can fairly and reasonably be said to be comprehend in same — Mill conceived for welfare of serving personnel and ex-servicemen and came into being with G.H.Q. Welfare Fund — Dissolution of company and transfer of Mill to another organisation under Martial Law Regulation No.103 — Argument that Chief Martial Law Administrator and President could not lelgislate Martial Law regulation No.103 on a subject which was within Provincial field in exercise of his emergency powers — Held, Mill having been conceived for welfare of serving personnel and ex-servicemen and came into being with G.H.Q. Welfare Fund, transfer of Mill to organisation which was a charitable trust and engaged in welfare activities for benefit of serving and ex-servicemen was covered by item No.1, Third Schedule, Constitution of Pakistan (1962) –Dissolution of company is ancillary and consequential to winding up of a company, dissolution therefore covered by item No.13 read with item 49, Third Schedule, Constitution of Pakistan (1962) — M.L.R.No.130 satisfies test of legislative competence is regard to dissolution of company as such.

The project was conceived for the welfare of the serving personnel and ex-servicemen and came into being with the G.H.Q. Welfare Funds, necessarily, therefore, the transfer of the Mill to the organisation, which was a charitable trust and engaged in welfare activities for the benefit of the serving and ex-servicemen, was covered by Item No.1, which, in terms, is wide enough to include the G.H.Q. Funds as well as the well-being and the moral of the armed forces in particular, as these factors are directly linked with their fighting efficiency, and the welfare of the ex-servicemen in general, who are either in the category of reserves of have retired, and accordingly such matters must necessarily come within the scope of the term “defence of Pakistan”.

As far dissolution it is covered by item No.13

It is incorrect to say that the business of Mill was only confined to the Province of Sind. In fact, one of its objects was: “To carry on in West Pakistan and/or anywhere else all or any of the business in all its respective branches of sugar manufacture” etc., and this by itself provided a competent field for legislation. From a reading of sections 194(1), 208-E(4) and 209-H(4) of the Companies Act, one finds that dissolution in ancillary and consequential to the winding-up of a Company, and therefore, the dissolution would be covered by Item No.13 read with Item No.49, as it is an ancillary matter. Indeed the impugned legislative instrument satisfies the test of legislative competence in regard to dissolution as such.[p.668]a

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