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Law Commission Ordinance, 1979

 

 XIV of 1979

 

 

 

WHEREAS it is expedient to establish a Law Commission for a systematic development and reform of the laws and to provide for matters connected there with or incidental thereto:

 

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 the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order No. 1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-

 

1.         Short title, extent and commencement.-

(1)        This Ordinance may be called the Law Commission Ordinance, 1979.

 

(2)        It extends to the whole of Pakistan;

 

(3)        It shall come into force at once.

 

2.                  Definitions.-

In this Ordinance, unless there is anything repugnant in the subject or context.-

 

                        (a)        “Chairman” means Chairman of the Commission;

 

(b)        “Commission” means the Commission established under section 3; and 

 

        (c)        “member” means member of the Commission.

 

            3.         Composition of Commission.-

 

(1)        There shall be a Law Commission consisting of the Chief Justice of Pakistan, who shall be the Chairman of the Commission, ex-officio, not more than ten members to be appointed by the Federal Government on the recommendation of the Chairman and the Secretary to the Government of Pakistan in the Ministry of Law, ex-officio.

 

(2)        The members of the Commission shall be appointed from amongst persons who are or have been holders of a judicial or administrative office, eminent lawyers or jurists, members of the Council of Islamic Ideology or teachers of law in a university or college.

 

(3)        A member, other than an ex-officio member, shall hold office for a term of three years but shall be eligible for re-appointment for another term.

 

(4)        A member, other than an ex-officio member, may resign his office by writing under his hand addressed to the President.

 

3.                  Head Office. –

The head office of the Commission shall be situated in Islamabad or at such other place as the Federal government may specify.

 

5.         Secretariat.-

(1)        The Commission shall have a separate Secretariat to be headed by a Secretary, who shall be an officer of  the Federal Government not inferior in rank to a Joint Secretary to the Federal Government.

 

(2)        The Secretary and other officers and employees of the Commission shall be appointed by the Chairman on such terms and conditions as the Commission may determine.

 

(3)        The Commission may, for the purpose of research, engage, for a specified period, as many persons as it considers necessary.

 

6.         Function of the Commission.

(1)        The Commission shall study and keep under review on a continuing systematic basis the statutes and other laws with a view to making recommendations to the Federal Government and the Provincial Governments for the improvement, modernization and reform thereof and , in particular, for-

 

(i)         making or bringing the laws into accord with the changing needs of the society, consistent with the ideology of Pakistan and the concept of Islamic social justice;

 

(ii)        adopting of simple and effective procedure for the administration of laws to ensure substantial, inexpensive and speedy justice;

 

(iii)       arranging the codification and unification of laws in order to eliminate multiplicity of laws on the same subject;

 

(iv)       removing anomalies in the laws;

 

(v)        repealing obsolete or unnecessary provisions in the laws;

 

(vi)       simplifying laws for easy comprehension and devising steps to make the society law-conscious;

 

(vii)      introduction of reforms in the administration of justice; and

 

(viii)      removing inconsistencies between the laws within the legislative competence of Parliament and those within the legislative competence of a Provincial Assembly.

 

 

(2)        The Commission shall study the present system of legal education and make recommendations to the Federal Government for improving the standard of legal education.

 

(3)        The Federal Government or a Provincial Government may refer to the Commission any matter relevant to its functions for opinion and advice.

 

7.                  Application of Act VI of 1956.-

The provisions of the Pakistan Commissions of Inquiry Act, 1956 (VI of 1956), shall apply to the Commission as if the Commission were a Commission appointed under that Act to which all the provisions of section 5 thereof applied.

 

8.                  Assistance to Commission.-

All executive authorities in Pakistan shall assist the Commission in the performance of its functions.

 

9.         Power to make rules.-

(1)        The Commission may make rules for carrying out the purpose of this Ordinance.

                       

(2)        In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for payment to the members of a traveling allowance and daily allowance in respect of journeys performed in connection with the functions of the Commission.

 

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