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ORDINANCE NO. VI OF 2012

VALIDATION ORDINANCE, 2012

An Ordinance to validate acts, orders and other instruments etc. done, made and issued from 26-04-2012 to 19-06-2012 (both days inclusive)

[Gazette of Pakistan, Extraordinary, Part-I, 25th June, 2012]

No. F. 2(1)/2012-Pub., dated 24.6.2012.—The following Ordinance promulgated by the President is hereby published for general information:—

WHEREAS as a consequence of the Short Order of the Supreme Court of Pakistan dated 19th June, 2012 passed in Constitution Petitions No. 40 etc. of 2012 and disqualification Notification as Member of the National Assembly issued by the Election Commission of Pakistan on 19th June, 2012, Syed Yousaf Raza Gillani ceased to be the Member as well as Prime Minister of Pakistan with effect from 26-04-2012;

AND WHEREAS it is expedient to validate acts, orders and instruments etc. done, made and issued by the Prime Minister from 26.04.2012 to 19.06.2012 (both days inclusive);

AND WHEREAS the Senate and the National Assembly are not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:—

1.       Short title, extent and commencement.—This Ordinance may be called the Validation Ordinance, 2012.

(2)     It extends to the whole of Pakistan.

(3)     It shall come into force at once.

2.       Validation of acts, etc.—(1) Notwithstanding anything contained in any law for the time being in force or any Order or Judgment of any Court including any Order or Judgment of the Supreme Court, anything done, functions including parliamentary functions performed, actions taken, orders passed, directions issued, instruments made, MOUs executed, national and international commitments made, process or communication issued, advice given to the President in any matter, including in respect of Acts and Ordinances, SROs and other legal instruments issued, powers confirmed, assumed or exercised, or appointments made, by Syed Yousaf Raza Gillani, Prime Minister of Pakistan from 26-04-2012 to 19-06-2012 (both days inclusive), shall be deemed to have been validly done, performed, taken, passed, issued, made, given, confirmed, assumed, executed, exercised and provisions of this Ordinance shall have, and shall be deemed to always to have had, effect accordingly.

(2)  No suit, prosecution or other legal proceedings, including writ petition, shall lie in any Court or forum including the Supreme Court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done or advice given whether in the exercise or purported exercise of the powers or functions referred to in sub-section (1) or in execution of or in compliance with orders made or functions performed or actions taken in exercise or purported exercise of such powers.