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–The Laws (Continuance in Force) Order, 1977, C.M.L.A. Order 1 of 1977 (5th of July, 1977)

The Laws (Continuance in Force) Order, 1977

C. M. L. A. Order I of 1977

[5th July, 1977]

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Order:

1.

(1) The Order may be called the Laws (Continuance in Force) Order, 1977.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2.

(1) Notwithstanding the abeyance of the provisions of the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, Pakistan, shall, subject to this Order and any Order made by the President and any Martial Law Regulation or Martial Law Order made by the Chief Martial Law Administrator be governed as nearly as may be, in accordance with the Constitution.

Explanation. In this Order the term “Constitution” shall be so construed as if

(a) In clause (3) of Article 175 of the Constitution for the words “five years” the words “twelve years” were substituted; and

(b) Articles 179, 195 and 199 of the Constitution had not been amended by any of the Acts amending it except the Constitution (First Amendment) Act, 1974 (XXXIII of 1974).

(2) Subject as aforesaid, all courts in existence immediately before the commencement of this Order shall continue to function and to exercise their respective powers and jurisdictions:

Provided that the Supreme Court or a High Court shall not have the power to make any order of the nature mentioned in Article 199 of the Constitution against the Chief Martial Law Administrator or a Martial Law Administrator or any person exercising powers or jurisdiction under the authority of either.

(3) The Fundamental Rights conferred by Chapter 1 of Part II of the Constitution, and all proceedings pending in any Court, insofar as they are or the enforcement of any of those Rights, shall stand suspended.

2-A

Notwithstanding anything contained in Article 2 an interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in the Schedule or relates to, or is connected with, assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months, following the day on which it is made, unless the case is finally decided, or the interim order is withdrawn, by the Court earlier.

3.

(1) The President shall, except where he is himself the Chief Martial Law Administrator act on, and in accordance with, the advice of the Chief Martial Law Administrator.

(2) The Governor of a Province shall except where he is himself the Martial Law Administrator for the Province act on, and in accordance with, the advice of the Martial Law Administrator appointed by the Chief Martial Law Administrator for the Province.

4.

(1) No court, tribunal or other authority shall call or permit to be called in question the Proclamation of the fifth day of July, 1977, or any Order or Ordinance made in pursuance thereof or any Martial Law Regulation or Martial Law Order.

(2) No judgment, decree, writ, order or process whatsoever shall be made or issued by a court or tribunal against the Chief Martial Law Administrator or any Martial Law authority exercising powers or jurisdiction under the authority of the Chief Martial Law Administrator.

5.

(1) Notwithstanding the abeyance of the provisions of the Constitution, but subject to any Order of the President or Martial Law Regulation or Martial Law Order made by the Chief Martial Law Administrator all laws, other than the Constitution and all Ordinances, Orders-in-Council, Orders made by the President, Rules, By-laws, Regulations, Notifications and other legal instruments in force in Pakistan or any part thereof, having extraterritorial validity, shall so far as may be and with such adaptations as the President may see fit to make, continue in force until altered, amended or repealed by competent authority.

(2) In clause (1), “in force” in relation to any law means having effect as law whether or not the law has been brought into operation.

6.

Subject to clause (2) of Article 3, the powers of a Governor shall be those which he would have had, had the Federal Government directed him to assume on its behalf all the functions of the Government of the Province under the Provisions of Article 232 of the Constitution.

7.

(1) An Ordinance promulgated by the President or by the Governor of a Province shall not be subject to the limitation as to its duration prescribed in the Constitution.

(2) The provisions of clause (1) shall also apply to an Ordinance which was in force immediately before the commencement of this Order.

8.

All persons who, immediately before the commencement of this Order, were in the service of Pakistan as defined in Article 260 of the Constitution, and those persons who immediately before such commencement were in office as Judges of the Supreme Court or a High Court or Auditor- General shall continue in the said service the same terms and conditions and shall enjoy the same privileges if any:

Provided that the incumbent of any office who would have retired from office in the absence of the amendment of the Constitution shall cease to hold office forthwith.

9.

Any provision in any law, providing for the reference of a detention order to a Review Board shall be of no effect.


THE SCHEDULE
(Article 2-A)

I. President’s Orders

1. The Acceding State (Property) Order, 1971 (P. O. No. 12 of 1971).
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).
7. The Settlement of Disputes of Immovable Property (Ch
itral) (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 (XXXX of 1975).
3. The Land Reforms (Amendment) Act, 1975 (LXXII of 1975).
4. The Flour Milling Control and Development Act, 1976 (LVII of 1976).
5. The Rice Milling Control and Development Act, 1976 (LVIII of 1976).
6. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).
7. The Land Reforms Act, 1977 (II of 1977).

IV. 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).

V. Provincial Ordinance

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

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