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Sponsor :
MR. TURAB KHAN JADOON
Law Instructor, Pakistan Provincial Service Academy, Peshawar
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 STATUES
ORDINANCE, ACT, ORDER, CONSOLIDATING ACT LAW OF THE LAWS 1868…1887 MERGER
SECTION 3

Interpretation of Statues
SCP…HC..FSC.. can interpret.. subordinate cant interpret
Section 4.. Applies to whole Pakistan
Section 26… If any offence having 2 punishment modes
General Clauses Act…it’s a General not special
Theft….Hadd
Control of Narcotics Act….Custom Act

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 DATE OF OPERATION OF STATUTE

 If date of Operation not mentioned then

 Date of Consent …. ..23 March 1956..1st Constitution
 Governor General replaced by President
 If law is old i.e Before 1956..then Governor General
consented to it
 If law is after 1956 then the day president gave Consent
then such law wld be operationalized and applicable

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 CONTD…

Interpretation…TASHREEH..Construction..TAAHBEER..new or proper meaning

Section 6..Effect of Repeal….Old provision has been replaced by new one
Omit..completely abolished..Art 58{2} b…b was omitted vide13th amendment
Restrospective Act
Prospective Act
Acid Throwing Act 2014..Those who were in prison.. In old cases punishment
mode was separate
While new law ,punishment would be as per new law
Section 7..Revival of Repealed law

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Section 7 …If any enactment which was repeal but subsequently was revived then U have to
give the purpose of revival
Section 8… Construction of Reference to repealed Enactment
When any reference has been provided then we have to take into account i.e. Refer to CPC..
for summons under L.R ACT.. or Recovery under PPC or read with other law
Section 9..Commencement and Termination

Excluding Including

From To
1.1.1990 1.1.2021
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Section 10….Computation of time……
Section 4 limitation Act……Last Day if Court is closed then, time wld be computed
from next day that day wld be excluded
Section 11…Measurement of Distance
If person is within 15 kms of the court ….U will take distance horizontally,
straight/Direct line..
Section 12…Duty to be taken Prorata..Rates fixed as per relevant law..
Duty is custom, Excise, etc… e.g. .same rate wld be taken into account if no further rate
has been defined…
Section 13…Gender and Number……Section 8 PPC ..He means or include he and
she….Masculine …Female
Singular….He has been constructed..so wld be He means …he, she, company etc.
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Section 14—19….Section 14…Power Confered to be exercisable time to time…..e.g.. If
new institution is established then power conferred to it…would be continued till its
withdrawal

Section 16….Power to appoint also removal …

Dismiss or Suspend. If not written or defined

Section17….Substitution of Functionaries……e.g…Official Title of OFFICER….i.e.…

a,b,c

Section18…..Successor…After…Predecessor Previous. Function would be transferred

new one as same
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Section 19..Chiefs or Subordinates….If official Chief is there then wld have more
Powers.BUT If subordinate has been provided function of acting Charge..then can
perform on behalf of Chief

Section20---24…. Provision to Order and Rules…

Construction of Order-----Rules…..e.g Enabling law…1973 Pakistan Bar Council was
delegated to make rules as per need……Semi law,Bye law,Rule,Scheme…if no definition
or meaning has been provided same would be taken as it is

Section 21…Power to make rules,by laws…to any authority then, such authority can
make,amend,Recsind,Modify,Add

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Section 22…Making of Rules or Bye laws and Issuing of Orders Between passing and
Commencement of Enactment…..means if power of making rules are given..would be
applicable till its time of commencement

Section 23….Provisions applicable to making of rules {previous Publication}if

conditional,then cant do it till it is publicated ….publicate,if there is no objection
then,reply to it..finally publish it in Official Gazette

Section 24…Continuence of Order during repeal /Revival

Section 4 of family law….shariat…Family law…Challenged in FSC..null and void…
SCP ..till today Pending…till provision is repealed wld continue

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Section 25----31…Misc..
Section 25…Recovery of Fine…procedure as given in PPC 67-80 and in Crpc would be
applicable on all laws

Section 26…Double Jeopardy..e.g Under PPC,THEFT case, punished cant be again in

HADD ,but…in Drugs cases…drugs imported, under customs act ,is illegal hence would
be punished under CNSA wld not be Double jeopardy

Section 27…Meaning of service by post…court orders for service by post U have to

provide address, then payment,and should be sent by registered post

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Section 28…Citation of Enactment…means its Title i.e this Act may called as
L.R.ACT..CRPC etc
Section 29..Savings…means if any law continues, would continue
Section 30…Application of Act to Ordinance..
President….Pass Ordinance{Article 89}
Section 30 says Act would be applicable to Ordinance
Section 31..Application of Act on Orders. Same as in QSO
General Clauses Act is applicable on the laws subject to interpretation..or Construction of
words..

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 RULES OF INTERPRETATION

Literal e.g. 15 yrs. for English under

constitution..limitation..J.S.Khawaja ordered for Urdu
Mischief..Fault..Under it wld be Intention of
Legislature..must be there
Golden..rule says that what is acceptable to
legislature must be followed

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 “Good faith”.–a thing shall be deemed to be done in
“good faith” where it is in fact done
 honestly, whether it is done negligently or not:
 “Government”. “Government” or “the Government”
shall include both the
 [FederalGovernment] and any Provincial
Government:]

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“Immoveable property”. “immoveable property” shall
include land, benefits to arise
out of land, and things attached to the earth, or
permanently fastened to anything attached
to the earth:
“Imprisonment”. “imprisonment” shall mean imprisonment
of either description as
defined in the Pakistan Penal Code (Act XLV of 1860):

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 “Local authority”. “local authority” shall mean a
municipal committee, district board,
 body of port commissioners or other authority legally
entitled to, or entrusted by the Government with, the
control or management of a municipal or local fund:
 “Magistrate”. “Magistrate” shall include every person
exercising all or any of the
 powers of a Magistrate under the Code of Criminal
Procedure for the time being in force:

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 “Master” (of a ship). “master”, used with
reference to a ship, shall mean any person
 (except a pilot or harbour-master) having for the
time being control or charge of the ship:
 “Month”. “month” shall mean a month reckoned
according to the British calendar:
 “Moveable property”. “moveable property” shall
mean property of every description,
 except immoveable property:
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 North-West Frontier”. “North-West Frontier” shall
mean the territories comprised in
 the North-West Frontier Province immediately
before the fourteenth day of October,1955
 and on or after the first-day of July, 1970, the North
West Frontier Province comprising
 the territories mentioned in the Schedule to the
Province of West-Pakistan (Dissolution)
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 “Oath”. “oath” shall include affirmation and declaration in
the case of persons by law allowed to affirm or declare
instead of swearing:
 “Offence”. “offence” shall mean any act or omission made
punishable by any law for the time being in force:
 “Official Gazette”. “official Gazette” or “Gazette” shall
mean the Gazette of
 [Pakistan], or, as the case may be, the official gazette of a
Province:]

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 “Public nuisance”. “public nuisance” shall mean
a public nuisance as defined in the
 Pakistan Penal Code (Act XLV of 1860):
 “Registered”. “registered”, used with reference
to a document, shall mean registered in
 Province under the law for the time being in
force for the registration of documents:
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 Act”. “act “, used with reference to an offence or a
civil wrong, shall include a series of
 acts, and words which refer to acts done extend also
to illegal omissions:
 “Affidavit”. “affidavit” shall include affirmation
and declaration in the case of persons
 by law allowed to affirm or declare instead of
swearing:

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 “Baluchistan”. “Baluchistan” shall mean the territories
comprised in the Chief
 Commissioner's Province of Baluchistan immediately
before the fourteenth day of
 October, 1955 [and after the first day of July, 1970, the
Province of Baluchistan,
 comprising the territories mentioned in the Schedule to
the Province of West Pakistan
 (Dissolution) Order, 1970:

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 “Barrister”. “barrister” shall mean a barrister of
England or Ireland, or a member of the
 Faculty of Advocates in Scotland:
 lC1. (1a) as amended by A. 0., 1949, Sch., has
been omitted by the Federal Laws (Revision and
Declaration), Ordinance, 1981 (27 of 1981) s. 3
and 2nd Sch.
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 2Cls. (3a) and (3b) as amended by Act 10 of 1914, s. 2
and Sch. I, Act 24 of 1917, s. 2 and Sch. I, Act 18 of
1928, s. 2 and Sch. I, A.O., 1937, and
 Ord. 21 of 1960, s. 3 and 2nd Sch. (w.e.f. 14th October,
1955), has been omitted by Ord. 27 of 1981, s. 3 and 2nd
Sch.
 Subs.and added by F. A. 0., 1975, Art. 2 and Sch.
 4Cl. (3d) omitted by Ord. 27 of 1981, s. 3 and Sch. II.

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 5C1. (5) as amended by Act 10 of1914, s. 2 and
Sch. I and Act 24 of 1917, s. 2 and Sch. I, has been
omitted by the Federal Laws (Revision and
 Declaration) Ordinance, 1981, (27 of 1981) s. 3 and
2nd Sch.
 6C1. (5a) relating to “Berar”, which was ins. by
A.O., 1937, rep. by the Federal Laws (Revision and
Declaration) Act, 1951 (26 of 1951), s. 3 and 2nd
Sch.
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 7Cl. (5b) relating to “Bihar and Orissa Act”, which was first ins.
as c1. (5a) by the Repealing and Amending Act, 1914 (10 of
1914), s. 2 and Sch.
 I and then re-numbered as c1. (5b) by A. 0., 1937, rep. by the
Federal Laws (Revision and Declaration) Act, 1951, (26 of
1951), s. 3 and 2nd Sch.
 8CI. (5c) which was ins. by A. 0., 1937, rep. by Act. 26 of 1951,
s. 3 and 2nd Sch.
 9CI. (6) as amended by various enactments has been omitted by
the Fldaral Laws (Revision 4 Declaratiens) Ordinance, 1981, (27
of 1981), s. 3
 and 2nd Sch.
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 proceeding shall be considered as done or taken in due time if it is done or taken on the
next day afterwards on which the Court or office is open
 In any legislation, words importing the masculine gender shall be taken to include
females, and words in singular shall include the plural and vice versa.
 Power to appoint includes power to appoint ex-officio.
 Power to appoint includes power to suspend or dismiss.
 A law relative to the chief or superior of an office shall apply to the deputies or
subordinates lawfully performing the duties of that office in the place of their superior.
 Where any legislation or regulation requires any document to be served by post, then
unless a different intention appears, the service shall be to be effected by properly
addressing. pre-paying. and posting by registered post.

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 General Clauses Act, 1897 intends to provide general definitions which shall be
applicable to all Central Acts and Regulations where there is no definition in those Acts.
 Every Act has a preamble which expresses the scope, object and purpose of the Act. It is
the main source for understanding the intention of lawmaker behind the Act.
 Financial year shall mean the year commencing on the first day of April.
 Where legislation has not specifically mentioned to come into force on a prescribed
date, it shall be implemented on the day that it receives the assent of the President.
 Whenever an Act is repealed., it must be considered as if it had never existed.
 Where by any legislation, any act or proceeding is directed or allowed to be done or
taken in any court or office on a certain day or within a prescribed period then, if the
Court or office is closed on that day.

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