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Towards Shareholder Democracy: SECP announces policy for proactive enforcement of corporate laws – Copy

Towards Shareholder Democracy: SECP announces policy for proactive enforcement of corporate laws: “ISLAMABAD, March 12: The Securities and Exchange Commission of Pakistan (SECP) has issued a circular No. 7/2024 clarifying power of the Commission to call or direct the calling of general meetings of the companies. In the Circular issued on March 07, 2024, it is clarified that in case of default in holding a general meeting by the Company, the Commission is empowered under section 147 of the Companies Act, 2017 to direct holding of overdue general meetings on its own motion or on application of any director or member of the Company. The spirit of the provision of section 147 of the Act is to empower directors or members to compel the company to hold its overdue general meetings with the intervention of the Commission. Moreover, this provision has provided an alternate remedy when the normal machinery of the company management has failed. The Commission has therefore, clarified through circular that an aggrieved member or director, in his individual capacity, may file an application to the Commission under section 147 of the Act which should be properly substantiated with proper justification along with documentary evidence. Applications filed by or on behalf of companies under section 147 of the Act shall not be considered by the Commission since a company cannot seek direction against itself.” Says a press release issued by the SECP. Commenting on the new policy, Mr. Umar Ijaz Gilani, Advocate Supreme Court, said “the legal forum which gives meaning to the concept of “shareholder democracy” is the Gener al Meeting. Therefore, the SECP’s decision to proactively intervene for conduct of General Meetings is a welcome intervention. A more proactive approach for ensuring better corporate governance, especially in larger corporations is essential for economic growth in Pakistan.”   Link to the news shared by SECP with regard to the new policy: https://www.linkedin.com/posts/secp_the-secp-has-issued-a-circular-no-72024-activity-7173275084483117056-viGd?utm_source=share&utm_medium=member_android. Click to Download the Circular 

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The Comsats Institute of Information Technology Ordinance, 2000

Ordinance No. XXXVIII of 2000 [12th August, 2000] An Ordinance to provide for the establishment of the COMSATS Institute of Information Technology WHEREAS, the Commission on Science and Technology for Sustainable Development in the South (COMSATS) has expressed the desire to establish COMSATS Institute of Information Technology; AND WHEREAS it is in the interest of the region in general and in the interest of the country in particular to establish a center of excellence under an international organization for provision of quality education of international standard to talented students of Pakistan and other member countries of the COMSATS; AND WHEREAS it is expedient to provide for the establishment of the COMSATS Institute of Information Technology and for matters ancillary thereto or connected therewith; AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the Proclamation of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and Provisional Constitution Order No. 1 of 1999, as well as Order No. 9 of. 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:— Short title and com­mencement.—(1) This Ordinance may be called the COMSATS Institute of Information Technology Ordinance, 2000. (2) It shall come into force at once. Definitions.—(1) In this Ordinance, unless there is anything repugnant in the subject or context,— (a) “Academic Council” means the Academic Council of the Institute; (b) “Authority” means any of the Authorities of the Institute specified in section 7; (c) “Board” means the Board of Governors of the Institute constituted under section 13; (d) “Chancellor” means the Chancellor of the Institute; (e) “COMSATS” means the Commission on Science and Technology for Sustainable Development in the South; (f) “Dean” means the Dean of a Faculty; (g) “Department” means a Teaching Department established and maintained by the Institute; (h) “Director” means the Director appointed under section16; (i) “Faculty” means a Faculty of the Institute; (j) “Institute” means the COMSATS Institute of Information Technology; (k) “Patron” means the Patron of the Institute; (l) “prescribed” means prescribed by regulations, rules or Statutes; (m) “Rector” means the Rector of the Institute; (n) “regulations”, “rules” or “Statutes” means the regulations, rules or Statutes made or deemed to have been made under this Ordinance; and (o) “teacher” includes the Professors, Associate Professors, Assistant Professors, Lecturers and research staff engaged by the Institute for teaching graduate classes and such other person as may be declared as teacher by the Board. Establish­ment and incorporation of the Institute.—(1) There shall be established, in accordance with the provisions of this Ordinance, an Institute to be called the COMSATS Institute of Information Technology consisting of the Patron, the Chancellor, the Board, the Rector, the Directors, and such other officers as may be prescribed. (2) The Institute shall be a body corporate having perpetual succession and common seal, with power to acquire, hold and dispose of any property, both movable and immovable, and shall by the said name sue and be sued. (3) The Institute shall have its principal seat at Islamabad and may set-up any number of campuses at such places as the Board may determine. Powers and functions of the Institute. The Institute shall have the powers,— (a) to provide for instruction and training in computer and information technology and to make provisions for the advancement and dissemination of knowledge in such manner as it may deem fit; (b) to admit and examine students; (c) to hold examinations and confer or award degrees, diplomas, certificates and other academic distinctions on and to persons who have passed its examinations under prescribed conditions; (d) to confer honorary degrees or other distinctions on approved persons in the manner as may be prescribed; (e) to prescribe courses of studies and undertake research as it may determine; (f) to demand and receive such fees and other charges as it may determine; (g) to appoint such officers including teachers and members of the staff and prescribe terms and conditions, powers and duties of such officers and staff; (h) to appoint members of the various bodies and committees as the Board may determine for instructional and curricular activities and admit students of the Institute and its constituent units; (i) to affiliate and disaffiliate educational institutions and inspect such institutions or associate itself with other educational, training and research institutions; (j) to receive and manage property, grants, bequests, trusts, gifts, donations, endowments and other contributions made to the Institute and to invest them in such manner as it may deem fit; (k) to enter into agreements, contracts and arrangements with governments, organizations, institutions, bodies and individuals for carrying out its function and activities; and (l) to do all such other acts and things as may be required to further its objectives. Institute open to all classes, etc. The Institute shall be open to all persons of either sex of whatever religion, race, creed, colour or domicile who are academically qualified for admission to the courses of study offered by the Institute, and no such person shall be denied the privilege on the ground only of sex, religion, creed, race, class, colour or domicile. Teaching and examinations.—(I) The academic programmes of the Institute shall be conducted in the prescribed manner. (2) The Institute shall restrict to phase-wise development of its academic programmes and having developed the necessary infrastructure it shall launch its academic programmes subsequently. (3) The degree awarding programmes of the Institute shall conform to the approved criteria of the University Grants Commission. (4) The Institute may associate external examiners for the conduct of examinations. (5) No degree shall be granted unless a student has passed an examination in Islamic and Pakistan Studies at the Bachelor’s degree level or, in the case of non-muslim student, in Ethics and Pakistan Studies at his option. Authorities of the Institute. The following shall be the Authorities of the Institute, namely:— (a) the Academic Council; (b) the

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The Conciliation Courts Ordinance, 1961

(XLIV OF 1961) 28th November 1961 An Ordinance to make provision for the establishment of Conciliation Courts. Preamble: Whereas it is expedient to make provision for the establishment of Conciliation Courts to enable people to settle certain disputes through conciliation, and for matters connected therewith; Now, therefore, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all posers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:— Short title and commencement: 1)This Ordinance may be called The Conciliation Courts Ordinance, 1961. 2) It extends to the whole of Pakistan. 3) It shall come into force on such date [1] as the Federal Government may, by notification in the Official Gazette, appoint in this behalf. Legal Amendment The First Day of March, 1962 which was announced by Gazette of Pakistan 1962 e.x.t. Definitions:In this Ordinance, unless there is anything repugnant in the subject or context:— a)“Cognizable offence” means a cognizable offence as defined in Section 4 of the Code of Criminal Procedure, 1898 (Act of V of 1898); b)“Conciliation Court” means aConciliation Court constituted under this Ordinance; c)“Controlling Authority” means [an officer appointed by |Government to be the Controlling Authority for the purpose of this Ordinance;]1 d)“decree” means a decree as defined in Section 2 of the Code of Civil Procedure, 1908 (Act V of 1908); e)“District Judge” shall include an Additional District Judge, a subordinate Judge and a Civil Judge; f)“Government” in relation to any local area in Province, means the Provincial Government and is relation to Cantonments, the Federal Government; 2[ff) “Law relating to Government” means the Punjab Local Government Ordinance, 1979 (Punjab Ordinance No. VI of 1979), The Sind Local Government Ordinance, 1979 (Sind Ordinance No. XII of 1979), the Baluchistan Local Government Ordinance No. II of 1980, the Capital Territory Local Government Ordinance, 1979 (XXXIX of 1979), or, as the case may be, the Cantonment Act, 1924 (II of 1924);] g) “Party” shall include any person whose presence as such is considered necessary for a proper decision of the dispute and whom theConciliation Courtadds as a party to such dispute; h)“Prescribed” means prescribed by rules made under this Ordinance; i)“Union Council” means a Union Council Constited under a law relating to Local Government and, except in the schedule, includes a Town Committee so constituted; j)“Ward”means a ward, an electoral unit or an electoral ward of a city, municipality or cantonment constituted under a law relating to Local Government and. Legal Amendments [1] Substituted for “Deputy Commissioner” by the Conciliation Court (Amendment) Ordinance, XVIII of 1982, Section 2 (a). [2] Clause (ff) inserted by the Conciliation Courts (Amendment) Ordinance, XVIII of 1982, Section 2 (a). Case referable to conciliation: 1)Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1908) or in the Code of Civil Procedure, 1908 (Act V o f1908),— a) all cases falling under Part I of the Schedule shall, save as otherwise provided, hereinafter be referred to conciliation under this Ordinance, and no civil or criminal Court shall have jurisdiction to try any such case; and b)any of the cases falling under Part II of the Schedule may be so referred if all the parties thereto agree to such a reference. 2) The following cases relating to matters falling under Section B of Part I of the Schedule or under Section B of Part II thereof shall be excluded from conciliation, namely,— a) cases to which the interest of a minor is involved; b) cases where provision for arbitration has been made in a contract between the parties; c) cases by or against the Federal or a Provincial Government or a public corporation or a public servant acting in the discharge or his duty; d) cases which according to the customary law of a community are referable to a community Punchayat. 2 A) [Cases relating to matters falling under Section A of Part I and Section A of Part II of the Schedule, against any Government servant, shall be excluded from conciliation except where a certificate is granted by Government or an Officer authorized by Government in that behalf to the effect that the Government servant had not acted in the discharge of his official duties.]1 3) [Government may, by notification in the official Gazette, amend the Schedule so as to,—- a) add thereto any class of cases relating to such disputes between private parties as are of a local nature and are capable of settlement by compromise; b) omit any entry therefrom; or c) alter or modify any entry therein. ]2 4) Nothing in this Section shall apply to cases relating to an office specified in the Schedule of the accused had previously been convicted of cognizable offence. Legal Amendment [1] Sub Section (2-A) inserted by Conciliation Court (West Pakistan Amendment) XI of 1966, S.2. [2] Sub Section (3) Substituted by the Conciliation Court (Amendment) Ordinance, XVIII of 1982. Court Decisions Jurisdiction Magistrate acquitting accused under S. 148 and referring offences under Ss. 147, 447, 324 & 114, to District Magistrate for trial by Conciliation Court, District Magistrate sending case to Magistrate for trial instead of Conciliation Court Offences being exclusively tribal by Conciliation Court conviction and sentence passed by Magistrate, held, illegal-All Magistrates In Sind however being subsequently appointed to perform functions of Chairmen, Local Council, respect of criminal cases„ any Magistrate could not try criminal cases as Conciliation Court-Case remanded for fresh trial. 1975 P Cr. L J 945 Jurisdiction-To be decided on basis of case initially set up and not on its final result or course it takes during trial, accused initially challaned under S. 324, Penal Code, but trial Court an appraisal of evidence finding him liable under S. 323 only and with holding further proceedings in view of bar created under S. 3 read with Sched., para. 1 to Conciliation Courts Ordinance, 1961-Held: Irrespective of fact that case fell under Sched, para. 1 of Ordinance XLV of 1961, Criminal Court, was in circumstances, competent to proceed with the case. 1970 P. Cr. L J 878 Contract Word ‘contract’, interpretation of-Word ‘contract’ stated

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The Conduct of General Elections Order, 2002

CHIEF EXECUTIVE’S ORDER 7 OF 2002  An order to provide for the conduct of General Elections, 2002 27th February, 2002 No.2(4)/2002-Pub., dated 27-2.2002.-The following Order promulgated by the Chief Executive is hereby published for general information:—                                                  . Whereas pursuant to the announcement for restoration of democracy by the President on the fourteenth day of August, 2001, it is expedient to provide for the holding of general elections in the country for the election of the members of the National Assembly and the Provincial Assemblies and the matters connected therewith and ancillary thereto;  And whereas updated electoral rolls are to be prepared and delimitation of constituencies is to be carried out in view of the increase in the number of seats in the Assemblies;  Now, therefore, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. l of 1999, and in exercise of all other powers enabling him in that  behalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make and promulgate the following Order:— Short tittle, extent and commencement.—(1) This Order may be called the Conduct of General Elections Order, 2002. (2)        It extends to the whole of Pakistan. (3)        It shall come into force at once. Definitions.— In this Order, unless there is anything repugnant in the subject or context,— (a)        “Chief Election Commissioner means the Chief Election Commissioner appointed under the Election Commissioner Order, 2002 (Chief Executive’s Order 1 of 2002); (b)        “Constitution” means the Constitution of the Islamic Republic of Pakistan, 1973, which is in abeyance by virtue of the Proclamation of Emergency of the fourteenth day of October, 1999; and (c)        “prescribed’” means prescribed by the rule made under Ail Order. Order to override other laws.— The provisions of this Order shall have effect notwithstanding anything contained in the Constitution or in any other law for the time being in force relating to the forthcoming elections to the National Assembly and the Provincial Assemblies.  Conduct of General Elections.—Subject to the Election Commission Order, 2002 (C.E.s Order No. l of 2002) and notwithstanding anything to the contrary contained in the Constitution, the Electoral Rolls Act, 1974 (XXI of 1974), the Delimitation of Constituencies Act, 1974 (XXXIV of 1974), the Representation of the People Act, 1976 (LXXXV of 1976) and the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977 (PPO No.5 of 1977), or any other law for the time being in force, the Chief Election Commissioner or, as the case may be, the Election Commission shall take such steps and measures, including preparation of electoral rolls and delimitation of the constituencies, and adopt such procedure, do such acts, pass such orders, issue such directions and take all such ancillary, indental and consequential steps as may be deemed necessary for effectively carrying out the elections for the members of the National Assembly and Provincial Assemblies in October, 2002.   Number of seats in the National Assembly. -(1) There shall be three hundred and fifty-seven seats of the members in the National Assembly, including seats reserved for women and technocrats. (2)        The seats in the National Assembly referred to in clause (1) are, save and except as provided in clause (3), allocated to each Province and the Federal Capital as under,— General seats                        Women                                  Technocrats                          Total Baluchistan  14                                                 3                                               1                                       18 Federal Capital 2                                                     —                                              —                                      2 The North-West Frontier35                                8                                               3                                         46 Province The Punjab 148                                                 35                                             15                                       198 Sindh            61                                                14                                               6                                          81 Total          260                                                 60                                              25                                      345 (3)        Twelve scats are allocated to the Federally Administered Tribal Areas. (4)        For the purpose of election to the National Assembly,— (a)        The constituencies for the election on general seats shall be single member territorial constituencies; (b)        Members to fill the general seats in the National Assembly shall be elected by direct and free vote; (c)        The constituencies for the seats reserved for women and technocrats shall be such that each Province forms one constituency with as many such seats as are allocated to the Provinces under clause (2); and (d)        The members to fill seats reserved for women and technocrats which are allocated to a Province under clause (2) shall be elected simultaneously through proportional representation system of open political parties’ lists of candidates on the basis of total votes secured by the candidates of each political party contesting elections to the general seats: Provided that a political party securing less than ten per centum of the total votes cast in the election on general seats shall not be entitled to any seat:— Provided further that where only one political party secures ten per centum or more of the total votes cast and all other political parties secure less than ten per centum of the total votes cast, then me first proviso shall have effect as if for the word “ten” therein the word “five” were substituted: Provided also that where all the political parties individually secure less than ten per centum of the votes cast, then the first proviso shall have effect as if for the word ‘ten’ .therein the word “five” were substituted.  Number of seats in the Provincial Assemblies.—(1) Each Provincial Assembly shall consist of general seats and seats reserved for women and technocrats as hereinbelow specified:—                        General seats                        Women                                  Technocrats                          Total Baluchistan      51                                         11                                              5                                         67 The North-West  Frontier            99                                        22                                              9                                       130 Province The Punjab         297                                        66                                             27                                       390 Sindh                 130                                        29                                             12                                       171 (2)        For the purpose of election to a Provincial Assembly:— (a)        The constituency for the general seats shall be single member territorial constituencies; (b)        Members to fill the general seats shall be elected by direct and free vote; (c)        The constituencies for the seats reserved for women and technocrats shall be such that each Province forms one constituency with as many such seats as are allocated to the Provinces under

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The Constitution of Canada, 1867 

An Act for the Union of Canada, Nova Scotia, and New Vrunswick, and the Government thereof; and for Purposes connected therewith 29th March 1867 WHEREAS the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom: And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interest of the British Empire:— And whereas on the Establishment of the Union by Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared: And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America:—           PRELIMINARY SHORT TITLE 1.-        This Act may be cited as the Constitution Act, 1867. 2.-        Repealed.        UNION DECLARATION OF UNION 3.-        It shall be lawful for the Queen, by and with the Advice of Her Majesty’s Most Honorable Privy Council, to declare by Proclamation that, on and after a Day therein appointed, not being more than six Months after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominion under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly.  CONSTRUCTION OF SUBSEQUENT PROVISIONS OF ACT 4.-        Unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act.  FOUR PROVINCES 5.-        Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick.  PROVINCES OF ONTARIO AND QUEBEC 6.-        The Parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form Two separate Provinces. The Part which formerly constituted the Province of upper Canada shall constitute the Province of Ontario; and the Part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec.  PROVINCES OF NOVA SCOTIA AND NEW BRUNSWICK 7.-        The Provinces of Nova Scotia and New Brunswick shall have the same Limits as at the passing of this Act.  DECENNIAL CENSUS 8.-        In the general Census of the Population of Canada which is hereby required to be taken in the Year One thousand eight hundred and seventy-one, and in every Tenth Year thereafter, the respective Populations of the Four Provinces shall be distinguished.  III.       EXECUTIVE POWER  DECLARATION OF EXECUTIVE POWER IN THE QUEEN 9.-        The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen.  APPLICATION OF PROVISIONS REFERRING TO GOVERNOR GENERAL The Provisions of this Act referring to the Governor General extend and apply to the Governor General for the time being of Canada, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated.  CONSTITUTION OF PRIVY COUNCIL FOR CANADA 11.-      There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen’s Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councilors, and Members thereof may be from Time to Time removed by the Governor General.  ALL POWERS UNDER ACTS TO BE EXERCISED BY GOVERNOR GENERAL WITH ADVICE OF PRIVY COUNCIL, OR ALONE 12.-      All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the Union vested in or exercisable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice, or with the Advice and Consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exercisable by the Governor General, with the Advice or with the Advice and Consent of or in conjunction with the Queen’s Privy Council for Canada, or any Members thereof, or by the Governor General individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada.  APPLICATION OF PROVISIONS REFERRING TO GOVERNOR GENERAL IN COUNCIL 13.-      The Provisions of this Act referring to the Governor General in Council shall be construed as referring to the Governor General acting by and with the Advice of the Queen’s Privy Council for Canada.  POWER TO HER MAJESTY TO AUTHORIZE GOVERNOR GENERAL TO APPOINT DEPUTIES 14.-      It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor General from Time to Time to appoint any Person or any Persons jointly or severally to be his Deputy or Deputies within any Part or Parts of Canada, and in that Capacity to exercise during the Pleasure of the Governor General such of the Powers, Authorities, and functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the governor General himself of any Power, Authority, or Function.  COMMAND OF ARMED FORCES TO CONTINUE TO BE VESTED IN THE QUEEN 15.-      The Command-in-Chief of the

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The Continuance of Legal Proceedings’ Act, 1950

Act No. XI of 1950 [23rd January, 1950] An Act to provide for the continuance of certain legal proceedings by or against the Secretary of State. WHEREAS it is expedient to provide for the continuance of certain legal proceedings by or against the Secretary of state in respect of any right of Pakistan or any pat thereof which were pending immediately before the fifteenth day of August, 1947;           It is hereby enacted as follows:–          Short title, extent and commencement. (1) This Act may be called the Continuance of legal Proceedings Act, 1950.           (2)      It extends to the whole of Pakistan.           (3)      It shall come into force at once.          Interpretation. In this Act “the appointed day” means the fifteenth day of August, 1947, and “the Act” means the Indian Independence Act, 1947.          Continuance of legal proceedings. Any legal proceedings by or against the secretary of state which immediately before the appointed day were pending in any court within the territories which, as from the appointed day, became the territories of Pakistan by virtue of sub-section (2) of section 2 of the Act and were in respect of any right in Pakistan or any part thereof shall– (i)       if the right in question was that of the Governor-General-in-Council, be continued by or against Pakistan; (ii)      if the right in question was that of East Bengal, be continued by or against East Pakistan; and (iii)     if the right in question was that of the Punjab, Sind, North-West Frontier, Baluchistan or the Karachi Division be continued by or against West Pakistan.          Exclusion of time in computing period of limitation. In computing the period of limitation prescribed for any appeal or application to a court in respect of any such proceedings as aforesaid, the period from the appointed day to the commencement of this Act shall be excluded.

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The Constitution of Denmark, 1953

{Adopted on: 5 June 1953} {ICL Document Status: 1992} Part I  [General Provisions] Section 1  [Scope] This Constitution applies to all parts of the Kingdom of Denmark. Section 2  [State Form] The form of government shall be that of a constitutional monarchy.  The Royal Power is inherited by men and women in accordance with the provisions of the Succession to the Throne Act, 27th March, 1953. Section 3  [State Powers] The legislative power is jointly vested in the King and the Parliament.  The executive power is vested in the King.  The judicial power is vested in the courts of justice. Section 4  [State Church] The Evangelical Lutheran Church shall be the Established Church of Denmark, and, as such, it shall be supported by the State. Part II [The King] Section 5 [Reigning no Other Countries] The King shall not reign in other countries except with the consent of the Parliament. Section 6 [Member of the State Church] The King shall be a member of the Evangelical Lutheran Church. Section 7 [Of Age With 18 Years] The King shall be of age when he has completed his eighteenth year.  The same provision shall apply to the Successor to the Throne. Section 8 [Sworn on the Constitution] The King, prior to his accession to the Throne, shall make a solemn Declaration in writing before the Council of State that he will faithfully adhere to the Constitution Act.  Two identical originals of the Declaration shall be executed, one of which shall be handed over to the Parliament to be preserved in its archives, and the other shall be filed in the Public Record Office.  Where the Kin, owing to his absence or for other reasons, is unable to sign the aforesaid Declaration immediately on his accession to the Throne, the government shall, unless otherwise provided by Statute, be conducted by the Council of State until such Declaration has been signed.  Where the King already as Successor to the Throne has signed the aforesaid Declaration, he shall accede to the Throne immediately on its vacancy. Section 9 [Vacancy of the Throne] Provisions relating to the exercising of sovereign power in the event of the minority, illness, or absence of the King shall be laid down by Statute.  Where on the vacancy of the Throne there is no Successor to the Throne, the Parliament shall elect a King and establish the future order of succession to the Throne. Section 10 [Civil List] (1) The Civil List of the King shall be granted for the duration of his reign by Statute.  Such Statute shall also provide for the castles, palaces, and other State property which shall be placed at the disposal of the King for his use. (2) The Civil List shall not be chargeable with any debt. Section 11 [Annuities] Members of the Royal House may be granted annuities by Statute.  Such annuities shall not be enjoyed outside the Realm except with the consent of the Parliament. Part III [Powers of the King] Section 12 [Supreme Authority] Subject to the limitations laid down in this Constitution Act the King shall have the supreme authority in all the affairs of the Realm, and he shall exercise such supreme authority through the Ministers. Section 13 [Responsibility of Ministers] The King shall not be answerable for his actions; his person shall be sacrosanct.  The Ministers shall be responsible for the conduct of the government; their responsibility shall be determined by Statute. Section 14  [Appointing Ministers] The King shall appoint and dismiss the Prime Minister and the other Ministers.  He shall decide upon the number of Ministers and upon the distribution of the duties of government among them.  The signature of the King to resolutions relating to legislation and government shall make such resolutions valid, provided that the signature of the King is accompanied by the signature or signatures of one or more Ministers.  A Minister who has signed a resolution shall be responsible for the resolution. Section 15  [Vote of No Confidence] (1) A Minister shall not remain in office after the Parliament has passed a vote of no confidence in him. (2) Where the Parliament passes a vote of no confidence in the Prime Minister, he shall ask for the dismissal of the Ministry unless writs are to be issued for a general election.  Where a vote of censure has been passed on a Ministry, or it has asked for its dismissal, it shall continue in office until a new Ministry has been appointed.  Ministers who continue in office as aforesaid shall do only what is necessary for the purpose of the uninterrupted conduct of official business. Section 16  [Impeachment] Ministers may be impeached by the King or the Parliament with maladministration of office.  The High Court of the Realm shall try cases of impeachment brought against Ministers for maladministration of office. Section 17  [Council of State] (1) The body of Ministers shall form the Council of State, in which the Successor to the Throne shall have a seat when he is of age.  The Council of State shall be presided over by the King except in the instance mentioned in Section 8, and in the instances where the Legislature in pursuance of Section 9 may have delegated the conduct of the government to the Council of State. (2) All Bills and important government measures shall be discussed in the Council of State. Section 18 [Council of Ministers] If the King should be prevented from holding a Council of State he may entrust the discussion of a matter to a Council of Ministers.  Such Council of Ministers shall consist of all the Ministers, and it shall be presided over by the Prime Minister.  The vote of each Minister shall be entered in a minute book, and any question shall be decided by a majority of votes.  The Prime Minister shall submit the Minutes, signed by the Ministers present, to the King, who shall decide whether he will immediately consent to the recommendations of the Council of Ministers, or have the matter brought before him in a Council of State. Section 19  [Foreign Affairs] (1) The King shall act on behalf of the Realm in international

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The Constitution of Iran, 1979

24th October, 1979 Preamble The Constitution of the Islamic Republic of Iran advances the cultural, social, political, and economic institutions of Iranian society based on Islamic principles and norms, which represent an honest aspiration of the Islamic Ummah. This aspiration was exemplified by the nature of the great Islamic Revolution of Iran, and by the course of the Muslim people’s struggle, from its beginning until victory, as reflected in the decisive and forceful calls raised by all segments of the populations. Now, at the threshold of this great victory, our nation, with all its beings, seeks its fulfillment. The basic characteristic of this revolution, which distinguishes it from other movements that have taken place in Iran during the past hundred years, is its ideological and Islamic nature. After experiencing the anti-despotic constitutional movement and the anti-colonialist movement centered on the nationalization of the oil industry, the Muslim people of Iran learned from this costly experience that the obvious and fundamental reason for the failure of those movements was their lack of an ideological basis. Although the Islamic line of thought and the direction provided by militant religious leaders played an essential role in the recent movements, nonetheless, the struggles waged in the course of those movements quickly fell into stagnation due to departure from genuine Islamic positions. Thus it was that the awakened conscience of the nation, under the leadership of Imam Khumayni, came to perceive the necessity of pursuing a genuinely Islamic and ideological line in its struggles. And this time, the militant ‘ulama’ of the country, who had always been in the forefront of popular movements, together with the committed writers and intellectuals, found new impetus by following his leadership. The Dawn of the Movement The devastating protest of Imam Khumayni against the American conspiracy known as the “White Revolution,” which was a step intended to stabilize the foundations of despotic rule and to reinforce the political, cultural, and economic dependence of Iran on world imperialism, brought into being a united movement of the people and, immediately afterwards, a momentous revolution of the Muslim nation in June 1963. Although this revolution was drowned in blood, in reality it heralded the beginning of the blossoming of a glorious and massive uprising, which confirmed the central role of Imam Khumayni as an Islamic leader. Despite his exile from Iran after his protest against the humiliating law of capitulation (which provided legal immunity for American advisers), the firm bond between the Imam and the people endured, and the Muslim nation, particularly committed intellectuals and militant ‘ulama’, continued their struggle in the face of banishment and imprisonment, torture and execution. Throughout this time, the conscious and responsible segment of society was bringing enlightenment to the people from the strongholds of the mosques, centers of religious teaching, and universities. Drawing inspiration from the revolutionary and fertile teachings of Islam, they began the unrelenting yet fruitful struggle of raising the level of ideological awareness and revolutionary consciousness of the Muslim people. The despotic regime which had begun the suppression of the Islamic movement with barbaric attacks on the Faydiyyah Madrasah, Tehran University, and all other active centers of revolution, in an effort to evade the revolutionary anger of the people, resorted to the most savage and brutal measures. And in these circumstances, execution by firing squads, endurance of medieval tortures, and long terms of imprisonment were the price our Muslim nation had to pay to prove its firm resolve to continue the struggle. The Islamic Revolution of Iran was nurtured by the blood of hundreds of young men and women, infused with faith, who raised their cries of “Allahu Akbar” at daybreak in execution yards, or were gunned down by the enemy in streets and marketplaces. Meanwhile, the continuing declarations and messages of the Imam that were issued on various occasions, extended and deepened the consciousness and determination of the Muslim nation to the utmost. Islamic Government The plan of the Islamic government as proposed by Imam Khumayni at the height of the period of repression and strangulation practiced by the despotic regime, produced a new specific, and streamline motive for the Muslim people, opening up before them the true path of Islamic ideological struggle, and giving greater intensity to the struggle of militant and committed Muslims both within the country and abroad. The movement continued on this course until finally popular dissatisfaction and intense rage of the public caused by the constantly increasing repression at home, and the projection of the struggle at the international level after exposure of the regime by the ‘ulama’ and militant students, shook the foundations of the regime violently. The regime and its sponsors were compelled to decrease the intensity of repression and to “liberalize” the political atmosphere of the country. This, they imagined, would serve as a safety valve, which would prevent their eventual downfall. But the people, aroused, conscious, and resolute under the decisive and unfaltering leadership of the Imam, embarked on a triumphant, unified, comprehensive, and countrywide uprising. The Wrath of the People The publication of an outrageous article meant to malign the revered ‘ulama’ and in particular Imam Khumayni on 7 Jan 1978 by the ruling regime accelerated the revolutionary movement and caused an outburst of popular outrage across the country. The regime attempted to quiet the heat of the people’s anger by drowning the protest and uprising in blood, but the bloodshed only quickened the pulse rate of the Revolution. The seventh-day and fortieth-day commemorations of the martyrs of the Revolution, like a series of steady heartbeats, gave greater vitality, intensity, vigor, and solidarity to this movement all over the country. In the course of this popular movement, the employees of all government establishments took an active part in the effort to overthrow the tyrannical regime by calling a general strike and participating in street demonstrations. The widespread solidarity of men and women of all segments of society and of all political and religious factions, played a clearly determining role in the struggle. Especially the women were actively and massively present

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The Constitution of the Islamic Republic of Pakistan, 1973

  (In the name of Allah, the Beneficent, and the Merciful)   [12TH APRIL, 1973] Preamble Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust; And whereas it is the will of the people of Pakistan to establish an order; Wherein the State shall exercise its powers and authority through the chosen representatives of the people; Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah; Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures; Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed; Wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the judiciary shall be fully secured; Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded; So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity; Now, therefore, we, the people of Pakistan; Conscious of our responsibility before Almighty Allah and men; Cognisant of the sacrifices made by the people in the cause of Pakistan; Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice; Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny; Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order; Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution. PART I Introductory 1[1. The Republic and its territories.-(1) Pakistan shall be Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan. 2[(2) The territories of Pakistan shall comprise,— (a)  the Provinces of  3[Balochistan], the  4[Khyber Pakhtunkhwa], the Punjab and 5[Sindh]; (b)  the Islamabad Capital Territory, hereinafter referred to as the Federal Capital; and[1] (c)   ******* [words “the Federally Administered Tribal Areas; and” [omitted by 31st amendment] (c)  such States and territories as are or may be included in Pakistan, whether by accession or otherwise. (3) 6[Majlis-e-Shoora (Parliament)] may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit.] Islam to be State religion. Islam shall be the State religion ofPakistan. 7[2A.  The  Objectives  Resolution  to  form  part  of  substantive provisions. The principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly]. 1The provisions of the Constitution except those of Articles 6, 8 to 28, (both inclusive), clauses 2 and (2a) of Article 101, Articles 199, 213 to 216 (both inclusive) and 270-A, brought into force with effect from 10th March, 1985, ride S.R.O. No. 212(I)/85. dated 10th March, 1985, Gazette of Pakistan, Extraordinary, Part-II, page 279 and the aforesaid Articles brought into force with effect from 30th December, 1985, vide S.R.O. No. 1273(I)/85 dated 29th December. 1985, Gazette of Pakistan, Extraordinary, Part-I1, page 3185. 2Subs. by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 2, for “clauses (2), (3) and (4)” (w.e.f. the 4th May, 1974). 3Subs. By the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 3 for ―Baluchistan.‖ 4Subs. ibid., for ―North-West-Frontier‖. 5Subs. ibid., for ―Sind‖. 6Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”. 7New Article 2A Ins. ibid. Elimination of exploitation.The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work. Right of individuals to be dealt with in accordance with law, etc.-(1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. Wherever he may be, and of every other person for the time being withinPakistan. (2) In particular,— (a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law; (b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and (c) no person shall be compelled to do that which the law does not required him to do. Loyalty to State and obedience to Constitution and law.-(1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the 1[inviolable] obligation of every citizen wherever he may be and of every other person for the time being within Pakistan. High treason.-2[(1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.] (2) Any person aiding or abetting 3[or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason. 1Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “basic”. 2Subs. by the Constitution (Eighteenth Amdt.) Act. 2010

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The Contempt of Court Act, 1976

(LXIV of 1976) An Act to enact a law relating to contempt of Court [Gazette of Pakistan, Extraordinary, Part I, 30th November 1976] The following Act of Parliament received the assent of the President on the 28th November, 19‑46, and is hereby published for general information:— Whereas, in view of the provisions of Article 204 of the Constitution of the Islamic Republic of Pakistan, it is necessary to enact a law relating to contempt of Court ; It is hereby enacted as follows:— Short title, extent and commencement.—(1) This Act may be called the Contempt of Court Act, 1976. (2)     It extends to the whole of Pakistan. (3)     It shall come into force at once. Interpretation.— In this Act; unless there is anything repugnant in the subject or context,— (a)         “judge” includes all officers acting in a judicial capacity in the administration of justice; and (b)         judicial proceedings in relation to any matter shall be deemed to be pending from the time when a Court has come to be seized of the matter in a judicial capacity, till such time as the appellate, revisional or review proceedings in respect of the matter have come to an end or the period of limitation for filing such proceedings has expired without any such proceedings having been initiated. Contempt of Court.— Whoever disobeys or disregards any order, direction or process of a Court, which he is legally bound to obey; or commits a willful breach of a valid undertaking given to a Court ; or does anything which is intended to or tends to bring the authority of a Court or the administration of law into disrespect or disrepute, or to interfere with or obstruct or interrupt or prejudice the process of law or the due course of any judicial proceedings, or to lower the authority of a Court or scandalize a Judge in relation to his office, or to disturb the order or decorum of a Court, is said to commit “Contempt of Court. Provided that the following shall not amount to commission of contempt of Court,— (i)                 fair comments about the general working of Courts made in good faith in the public interest and in temperate language; (ii)               fair comments on the merits of a decision of a Court made, after the pendency of the proceeding in a case, in good faith and ins temperate language without impugning the integrity or impartiality of the, Judge; (iii)             subject to a prohibition of publication under section 9 or under any other law for the time being in force, the publication of a fair and substan­tially accurate report of any judicial proceedings; (iv)             the publication of any matter, amounting to a contempt of Court by reason of its being published during the pendency of some judicial proceedings, by a person who had no reasonable ground for believing that such judicial proceedings were pending at the time of the publication of the matter; (v)               the distribution of a publication, containing matter amounting to contempt of Court, by a person who had no reasonable ground for believing that the publication contained, or was likely to contain, any such matter; (vi)             a true averment made in good faith and in temperate language for initiation of action or in the course of disciplinary proceedings against a Judge, before the Chief Justice of a High Court, the Chief Justice of Pakistan, the Supreme Judicial Council, the Federal Government or a Provincial Government; (vii)           a plea of truth taken up as a defence in terms of clause (vi) in proceedings for contempt of Court arising from an earlier averment unless it is mendaciously false; (viii)         relevant observations made in a judicial capacity, such as, those by a higher Court on an appeal or revision or application for transfer of a case, or by a Court in judicial proceedings against a Judge; (ix)             remarks made in an administrative capacity by any authority in the course of official business, including those in connection with a disciplinary inquiry or in an inspection note or a character roll or confidential report; and (x)               a true statement made in good faith respecting the conduct of a Judge in a matter not connected with the performance of his judicial functions. Punishment.— Whoever commits contempt of Court or abets the commission of contempt of Court may be punished with simple imprison­ment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both; Provided that, on being satisfied that the accused, whether after defending himself or without offering any defence, has purged himself of the contempt of Court, the Court may discharge the accused or remit his sentence. Jurisdiction.—(1) A High Court or the Supreme Court, on its own information or on information laid before it by any person, may take cognizance of an alleged commission of contempt of the Court. (2)         The Supreme Court shall have the payer to take cognizance of any contempt of itself or of any Judge of the Supreme Court alleged to have been committed anywhere and a High Court shall have the power to take cognizance of any contempt of itself or of any Judge thereof or of any other High Court or of any Judge thereof alleged to have been committed within the territorial limits of its jurisdiction. (3)         A High Court shall exercise the same jurisdiction in respect of contempts of Courts subordinate to it or to any other High Court as it exercises in respect of contempts of itself. (4)         Nothing contained herein shall affect the power of any Court to punish any offence of contempt under the Pakistan Penal Code (Act XLV of 1860). Bars to taking cognizance.— (1) No High Court shall take cognizance under this Act of a contempt alleged to have been committed in respect of a Court subordinate to it where the said contempt is an offence punishable under the Pakistan Penal Code (Act XLV of 1860). (2)         No Court shall take cognizance, as of a contempt of Court, of any averment made before the Supreme Judicial Council in respect of which the Supreme Judicial Council has given a

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