THE PUNJAB MUSLIM PERSONAL LAW (SHARIAT) APPLICATION (REMOVAL OF DOUBTS) ORDINANCE, 1972

(Pb Ord. IX of 1972)

C O N T E N T S

Sections

1. Short title, extent and commencement.

2. Removal of doubts.

 

[1]THE PUNJAB MUSLIM PERSONAL LAW (SHARIAT) APPLICATION (REMOVAL OF DOUBTS) ORDINANCE, 1972

(Pb Ordinance IX of 1972)

[12 April 1972]

An Ordinance to make provision for removal of doubts in regard to the termination of limited estates in respect of immovable property held by Muslim females under the Customary Law

Preamble. WHEREAS doubts have arisen in regard to the termination of limited estates in respect of immovable property held by Muslim females under the Customary Law;

AND, WHEREAS it is expedient to remove such doubts;

NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Proclamation of 20th December, 1971 and the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-

1. Short title, extent and commencement. (1) This Ordinance may be called the Punjab Muslim Personal Law (Shariat) Application (Removal of Doubts) Ordinance, 1972.

(2) It extends to whole of the Punjab.

(3) It shall come into force at once and shall be deemed to have taken effect from the 31st day of December, 1962.

2. Removal of doubts. (1) Notwithstanding anything contained in the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 (West Pakistan Act V of 1962), the West Pakistan Muslim Personal (Shariat) (Amendment) Ordinance, 1963 (West Pakistan Ordinance XXXIX of 1963), the West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Act, 1964 (West Pakistan Act XXVIII of 1964) or any other law, or any decree, judgement, or order of any court or other authority, or any proceedings pending before any court or other authority, the limited estates in respect of immovable property held by Muslim females under the Customary Law shall be deemed to have been terminated with effect from 31st day of December, 1962.

(2) All decrees, judgements or orders passed in any suit, appeal or other proceedings by any court or other authority which are inconsistent with the provisions of sub-section (1) shall be of no legal effect and such suits, appeals or other proceedings shall be decided afresh on the application of any person affected by such decree, judgement or order.

 



[1]This Ordinance was promulgated by the Governor of the Punjab on 12th April, 1972; published in the Punjab Gazette (Extraordinary), dated 12th April, 1972, pages 511 to 512; saved and validated by Articles 268 and 269 of the Constitution of the Islamic Republic of Pakistan (1973).