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Azad Jammu and Kashmir Adaptation of Laws Resolution, 1948

 

RSL… Resolution No. 279

 

Resolution No. 279: As recommended by the Secretary Law arid Order, Azad Jammu and Kashmir Government in his memorandum dated the 22nd. March, 1948, (Appendix ‘C’) the follow enactments will come into force in Azad Kashmir territory as they are in force in the West Punjab and they shall also he deemed to have been in foì¥Á5@ 


The Arms Act (XI of 1878)3


5 The Code of Civil Procedure (V of 1908)


6 The Police Act. (V of 1861)


7 The Shariat Act. (IX of 1948)


8 The Land Revenue Act. (X VII of 1887)4


9 The Tenancy Act. (XVI of 1887)


10 The Courts Act. (VI of 1918)


Rest of the recommendations contained in the memorandum referred to above (Appendix ‘C’) from items 3 to 5 are accepted immediate effect wills he given to all the implications of this Council Order. This memorandum so far as its contents are concerned from item 2 to 5 will form part of this Council Order. No. 1 as contained in item No. 1 will be considered later on


1. This Resolution has been reported from the AJ&K Laws Code, Volume 1


2. This Act was replaced with the Qanun-e-Shahadat order, 1984; the Qanun-e-Shahadat (Adaptation) Act, 1988 (Act I of 1988).


3. This Act was replaced with the W.P. Arms Ordinance, 1965 (XX of 1965); see the AJ&K W.P. Arms Ordinance (Adaptation) Ordinance, 1991.


4. This Act was replaced with W. P. Land Revenue Act, 1967 (Act XVII of 1967); see the AJ&K Adaptation of Laws Act, 1988.


NOTIFICATION VIZ ADAPTATION OF LAWS OF OLD REGIME


NOTIFICATION NO 3323 [DATED DECEMBER 16, 1949]


Whereas under the present International Law it rests with the people of a territory to form their own Government through their own representatives.


It is the inherent right of the people of Azad Kashmir to exercise political powers necessary for the maintenances of Law and Order, for the safety and proper Administration of Azad Kashmir Territory by applying domestic and local Laws with certain modifications without ignoring the rights of the inhabitants of the Azad Kashmir Territory; it is hereby notified that under section 3 of the Azad Kashmir Courts and Laws Code of 1949, all laws and enactments of the old regime inconsistent with tile provisions of the said Code or with enactments passed or adapted by the Azad Kashmir Government have been repealed and all the remaining laws of the old regime have, as far as practicable been approved to continue to remain in force. All references to “his Highness” or “Government” ill such laws are to be construed to refer to “Azad Kashmir Government” A list of some of these laws is annexed herewith as Appendix “A” subject wise. This list is not exhaustive and all laws that continue to remain oil the statue Book of the Azad Kashmir Government are to be interpreted in spirit in their application to Azad Kashmir Territory and the work of modification shall according to the needs of time however, continue.


Sd/ Ministerl/c Legislation 

Azad Jammu and Kashmir Government

 

APPENDIX “A”

 

I‑ GENERAL.


1. Explosive Substances Act. 2. Contract Act.

 

3: Companies Act. 4. Destruction of Records Act.


5. Easements Act. 6. Explosive Act.


7. Fatal Accidents Act. 8. Gambling Act.


9. Guardians and Wards Act. 10. General Claims Act.


11. Legal Representatives Suits Act. 12. Lunacy Act.


13. Majority Act. 14. Negotiable Instruments. Act.


15. Probate and Administration Act. 16. Partition Act.


17. Petroleum Act. 18. Registration Act.


19. Succession (Property Protection) Act 20. Specific Relief Act


21 Succession Certificate Act. 22. Stamp Act.


23. Trust Act 24. Transfer of Property Act


25 Muslim Dower Act 26 Usurious Loans Act


27 Religious Endowments Act. 28. Court of Wards Act.


29. Land Acquisition Act. 30. Right of Prior Purchase Act.


31. Alienation of Land Act. 32. Sale of Goods Act.


33. Partner‑ship Act. 34. Census Act.


35. Local Authorities Leans Act 36. Bankers Books Evidence Act.


II. Laws relating to Agriculture, Agriculturists and Forests


1. Agriculturists Relief Act.


2. Aid to Agriculturists and Land Improvements Act.


3. Alienation of Land Act.


4. Kuth Act.


5. Forest Act.


6. Forest (sale of timber) Act.


III. Laws relating to Animals Animal Husbandry and Veterinary.


1. Glander and Farcy Act.


2. Prevention of Cruelty to Animals Act.


3. Live Stock Improvement Act.

 

IV. Laws relating to Law Courts


1. Judicial Officers Protection Act.


2. Official Secrets Act.

 

V. Laws relating to Officials.


1. Public Servants Enquires Act.


2. Official Secrets Act.

 

VI. Laws relating to Health.


1. Poison Act.


2. Vaccination Act.


3. Village Sanitation Act.


4. Epidemic Diseases Act

 

VII. Laws relating to Army.


1. Army Act.


2. Army (Suspension of sentences) Act.


3. State Soldier’s Litigation Act.


4. Indian Soldier’s Litigation Act.

 

VIII. Laws relating to Social, Moral and Educational Matters


1. Juvenile Smoking Act.


2. Primary Education Act.


3. Suppression of Immoral Traffic Act.


4. Prevention of Ram Resume Act.

 

IX Laws relating to commerce, Industries, and Milting


1. Patents and Designs Act.


2. Copy right Act.


3. cinematographs Act


4. Boiler’s Act. 


5. Aid to Industries Act.


6. Co‑operative Societies Act


7. Electricity Act.,


8. Water Mills Act

 

X (a) Communications and Transport


1. Motor Vehicles Act.


2. Air Craft Act.


3. Post Offices Act.


4. Telegraph Act.


5. Wireless Telegraphy Act.

 

(b) Publicity.


1. Press and Publication Act

 

XI. Jails.


1. Prisons Act.


2. Prisoners Act:


3. Identification of Prisoners Act.

 

XII. Foreigners and Frontiers and Frontiers.


1. Registration of Foreigners Act.

 

XIII Hindu Law


1. Hindu Law (Anglo-Indian)


2. Hindu Disposition of Property Act


3 Hindu Law of Inheritance Act.


4. Hindu Inheritance (Removal of Disabilities) Act.


5. Hindu Widows, Re‑marriage and Property Act.

 

XIV. Finance, Taxes, Toll, Excise, Customs.


1. Customs Act.


2. Excise Act.


3. Income Tax Act.


4. Levy of Tolls Act.


5. Octori Act.


XV. Local Self-government including Panchayasts, Local Bodies, Municipalities


1. Village Panchayat Act


2 Town Area Act.


3. Municipal Act.


4. Town Planning Act.


5. Cantonment Act.

 

THE AZAD KASHMIR ADAPTATION OF LAWS ACT, 1959

 

(Act I of 1959)

 

(Passed under Council Order No. 21/59 dated 12‑1‑1959)


Whereas it is necessary to adapt and to enforce certain laws of Pakistan in the Azad Jammu and Kashmir Territory; it is hereby enacted as follows:—


1 (i) This Act may be called the Azad Kashmir Adaptation of Laws Act, 1959.


(ii) It shall extend to the whole of the Azad Jammu and Kashmir Territory and shall come into force at once.


2. In this Act, unless there is anything repugnant in the subject or context, the expression:—

(i) “Government” shall mean the Azad Jammu and Kashmir Government;


(ii.) “Laws” shall mean any Proclamation, Act, Ordinance. Regulation, Rule or Order having the force of law;


(iii) “Previous Law” shall mean a law in force in the Azad Jammu and Kashmir Territory immediately before the coming into fore of this Act and corresponding to any law under this Act.


3. The laws of Pakistan as contained in the Schedule to this Act and all rules, notifications and orders made thereunder and in force immediately before the commencement of this Act, are adapted and shall, as far as practicable, be in force in the Azad Jammu and Kashmir Territory subject to lie modifications as stated below:‑–


(i) All cases pending in Courts on the coming into force of this Act, shall be tried and decided according to the provisions of the previous law.


Explanation: “Pending case” shall include a case till its final appellate or Revisional stage;

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