THE WEST PAKISTAN (ADAPTATION AND REPEAL OF LAWS) ACT, 1957

(W.P. Act XVI of 1957)

C O N T E N T S

Sections

         1.         Short title and commencement.

         2.         Definitions.

         3.         Adaptation of laws.

         4.         Grammatical changes.

         5.         Exercise of powers.

         6.         Repeal.

         7.         Savings and validation.

 

SCHEDULES

 

           I.  Territories and areas to which a reference in any existing law, instruments, etc., to any Province or area or State, etc., should be construed.

        II.         Adaptations of certain terms used in various existing laws, instruments, etc.

       III.         General adaptations.

       IV.         Repeal of certain enactments.

 

[1]THE WEST PAKISTAN (ADAPTATION AND REPEAL OF LAWS) ACT, 1957

(W.P. Act XVI of 1957)

[25 July 1957]

An Act to adapt and repeal certain laws

applicable to the Province of West Pakistan

Preamble.— WHEREAS it is expedient to adapt and repeal certain laws applicable to the Province of West Pakistan;

      It is hereby enacted as follows:-

1.   Short title and commencement.— (1) This Act may be called the West Pakistan (Adaptation and Repeal of Laws) Act, 1957.

      (2)  It shall be deemed to have come into force on and from the 14th day of October, 1955.

      [2][(3)  It extends to the whole of the Province of West Pakistan, except the Tribal Areas.]

2.   Definitions.— (1) In this Act, unless there is anything repugnant in the subject or context—

          (i)  “Administration” means any authority, howsoever constituted immediately before the appointed day, to administer a territory or area and includes the Government of any Province, State or other area included in the province of West Pakistan;

          (ii)  “Appointed day” means the fourteenth day of October, 1955;

         (iii)  “Board of Revenue” means the Board of Revenue established under the [3]West Pakistan Board of Revenue Act, 1957[4];

         (iv)  “Existing law” means any Act, Ordinance, Regulation, Rule, Order or Bye-law made or issued by the appropriate Legislature or other competent authority including any public notification issued thereunder and in force in the territories and areas included in the Province of West Pakistan or any part thereof immediately before the appointed day, but shall not include any law with respect to any of the matters enumerated in List I of the Seventh Schedule to the Government of India Act, 1935; and

         (v)  “Instrument” means any instrument or document in force in the territories and areas included in the Province of West Pakistan or any part thereof immediately before the appointed day.

      (2)  Any expression not defined in this Act and defined in the Establishment of West Pakistan Act, 1955, or the Government of India Act, 1935, shall be deemed to have the meaning assigned to it by the said Acts.

3.   Adaptation of laws.— (1) Wherever in any existing law, or in any instrument, a reference, in whatever form, not being a reference in the title, preamble, description or citation of such law or instrument, is made to any Province or area or State or to the States Union mentioned in column No.1 of Schedule I annexed to this Act, then notwithstanding anything to the contrary contained in such law or instrument, but subject to the other provisions of this Act, with effect from the appointed day, it shall, unless there be anything repugnant in the subject or context, be construed, as, and be deemed to be, a reference to the territories and areas included in the districts, or States, as the case may be, mentioned against it in column No.2 of the said Schedule.

      (2)  Wherever in any existing law or any instrument in force in the whole or any part of the territories or areas included in the Baluchistan States union, or in any Province or State or other area included in the Province of West Pakistan and mentioned in column No. 1 of Schedule II annexed to this Act, any term mentioned in column No. 2 of the said Schedule appears, it shall, as from the appointed day, and subject to any reservation made in this behalf and to the other provisions of this Act, be deemed to have been replaced by the term mentioned against it in column No. 3 of the said Schedule.

      (3)  The laws mentioned in Schedule III annexed to this Act shall be deemed to have been adapted to the extent and in the manner mentioned in column No. 5 of the said Schedule.

      (4)  As from the appointed day, unless there be a direction to the contrary in this Act, all references in any existing law or in any instrument—

               (i)  to the Governor-General, the Agent to the Governor-General, the Crown representative, the Central Government, the Chief Commissioner or Resident in relation to Baluchistan, or to the Lieutenant-Governor or Governor of any of the Governor’s Provinces unless the context indicates otherwise, be deemed to be references to the Governor or the Provincial Government of the Province of West Pakistan, as the case may be, and references to the administration of any of the said Provinces, territories or areas howsoever worded, shall be deemed to be references to the Provincial Government of West Pakistan;

              (ii)  to any Board, Committee, authority, functionary, officer or office, howsoever worded, or to any tribunal other than a High Court, which Board, Committee, authority, functionary, officer, office or tribunal has ceased to function or exist and has been replaced by another as a result of the establishment of the Province of West Pakistan, shall be deemed to be references to the Board, Committee, authority, functionary, officer, office or tribunal, howsoever named or designated, constituted, appointed or created to exercise all or any of the functions and duties of the afore-mentioned Board, Committee, authority, functionary, officer, office or tribunal, for the whole or a part of the territories in relation to which the said Board, Committee, authority, functionary, officer, office or tribunal, had been constituted, appointed or created;

             (iii)  to “Punjab Act”, “Sind Act”, “Bombay Act”, “North-West Frontier Province Act”, “Bahawalpur Act”, “Khairpur Act”, “Baluchistan Regulation”, “Baluchistan States Union Act”, “Baluchistan States Union Regulation”, howsoever worded, shall mean, respectively, references to the relevant Act or Regulation, in force immediately before the appointed day in the Provinces, States or the States Union, as the case may be, included in the Province of West Pakistan;

             (iv)  to the official Gazette of any of the territories and areas included in the Province of West Pakistan, howsoever worded, shall, subject to the provisions of section 10 of the Establishment of West Pakistan Act, 1955, be deemed to be references to the official Gazette of the Province of West Pakistan;

                   (v)  to a Subordinate Judge shall include references to the Civil Judge in localities and areas where the latter designation is used;

             (vi)  to “Punjab Legislative Assembly”, “Sind Legislative Assembly”, or “North-West Frontier Province Legislative Assembly”, shall be deemed to be reference to the Provincial Assembly of West Pakistan.

4.   Grammatical changes.— Where this Act requires that in any existing law a plural noun shall be substituted for a singular noun or vice versa or a masculine noun for a neuter noun or vice versa there shall be made also in any verb or pronoun used therefor such consequential amendments as the rules of grammar may require.

5.   Exercise of powers.— As from the appointed day—

          (i)  the powers exercised and duties performed before the appointed day by any officer of the administration of any Province, State or other territory or area included in the Province of West Pakistan except [5][the Karachi Area] in relation to the whole or any part of the territory under the charge of such administration, shall be exercised and performed by such officer or officers as may be specified in this behalf by the Governor of West Pakistan, for that territory or part thereof, and all references to the first named officer in any existing law or instrument shall be deemed to be references to the officer or officers so specified;

          (ii)  any reference in any existing law or instrument to any authority for which some other authority has been substituted by virtue of this Act or of any action taken under this Act  shall be deemed to be a reference to the authority so substituted;

         (iii)  the Province of West Pakistan shall be deemed to be substituted as a party in all proceedings pending in any Court or before any authority for and on behalf of the administration of any territory or area included in the Province of West Pakistan, other than [6][the Karachi Area] except in proceedings with respect to any property used for any of the purposes specified in List I of the Seventh Schedule to the Government of India Act, 1935, or with respect to any rights, liabilities or obligations arising out of any matter specified in List I of the said Schedule.

6.   Repeal.— The laws mentioned in Schedule IV annexed to this Act shall be deemed to have been repealed from the appointed day.

7.   Savings and validation.— (1) Notwithstanding the repeal of the West Pakistan (Adaptation of Laws) Order, 1955, the expiry of the West Pakistan (Adaptation of Laws) Ordinance, 1956, and the West Pakistan (Adaptation and Repeal of Laws) Ordinance, 1956 or any judgment, decree or order of any Court, Tribunal or other Authority, everything done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceedings commenced, officer appointed or person authorised, jurisdiction or power conferred, rules made and order issued under any provision of any existing law, in pursuance of the amendments, omissions, modifications or repeals made by or under the said Order or the said Ordinances shall be deemed to have been validly done, taken, incurred, commenced, appointed, authorised, conferred, made or issued and be continued, and if not inconsistent with the provisions of this Act, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under any such existing law as adapted or repealed by this Act.

      (2)  Everything done, action taken, obligation, liability or penalty incurred or proceeding commenced, officer appointed or person authorised, jurisdiction or power conferred, rules made and order issued after the date of expiry of the West Pakistan (Adaptation of Laws) Ordinance, 1956, and before the 18th day of October, 1956, under any provision of an existing law which could have been done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under any such law, in pursuance of the amendments, omissions, modifications or repeals made by or under the said Ordinance if it had been in force during the said period, shall be deemed to have been validly done, taken, incurred, commenced, appointed, authorised, conferred, made or issued and be continued and, if not inconsistent with the provisions of this Act, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under any such existing law as adapted or repealed by this Act.

 

SCHEDULE 1

[See Section 3 (1)]

Column 1

Column 2

Bahawalpur State, or the State of Bahawalpur.

Districts of Bahawalnagar, Bahawalpur and Rahimyar Khan.

Baluchistan or Baluchistan Province, or the Province of Baluchistan.

1.   The Pishin District comprising the Tehsils of—

        (i)  Pishin;

       (ii)  Chaman;

      (iii)  Shorarud.

2.   The Sibi District comprising the Tehsils of—

        (i)  Sibi;

       (ii)  Shahrig.

3.   The Duki District comprising the Tehsil of Duki.

Leased Areas being the areas defined in the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950).

1.   The Quetta District;

2.   The Nasirabad Sub-Division;

3.   The Bolan District (including Kachhi Railway District and Nushki Railway District);

4.   The Nushki Tehsil.

The Areas within the borders of Baluchistan as defined in Ministry of States Frontier Regions’ Notifications No. F-9(170)-F/48-1 and F-9(170)-F-48-II, dated the 27th June 1950.

1.   The Kohlu and Marri Bugti District comprising the Tehsils of—

        (i)  Kohlu;

       (ii)  Kohlu Railway;

      (iii)  Marri Bugti.

2.   The Loralai District comprising the Tehsils of—

        (i)  Musakhel;

       (ii)  Bori;

      (iii)  Barkhan;

      (iv)  Sinjawi.

3.   The Zhob District comprising the Tehsils of—

        (i)  Fort Sandeman

       (ii)  Hindubagh;

      (iii)  Killa Saifullah.

4.   The Dalbandin District, including Western Sinjrani country comprising the Tehsil of Dalbandin.

Baluchistan States Union

Districts of Kalat, Kharan, Las Bela and Mekran.

Khairpur State or the State of Khairpur.District of Khairpur.

North-West Frontier Province.Districts of Bannu, Dera Ismail Khan, Hazara, Mardan, Kohat and Peshawar.

Amb, Chitral, Dir and Swat States.

Amb, Chitral, Dir or Swat State, as the case may be.

Punjab, Punjab Province, or the Province of the Punjab.

Districts of Campbellpur, Dera Ghazi Khan, Gujranwala, Gujrat, Jhelum, Jhang, Lahore, Lyallpur, Mianwali, Montgomery, Multan, Muzaffargarh, Rawalpindi, Shahpur, Sheikhupura and Sialkot.

Sind, Sind Province, or the Province of Sind.

Districts of Dadu, Hyderabad, Tharparkar, Upper Sind Frontier, Larkana, Nawab Shah, Sanghar, Sukkur and Thatta.

 

SCHEDULE II

[See Section 3 (2)]

Territory

Existing Term

Substituted Term

1

2

3

Punjab

Financial Commissioner or Financial Commissioners

Board of Revenue.

North-West Frontier Province

Revenue Commissioner or Revenue and Divisional Commissioner.

Commissioner.

  (i)  Baluchistan

(ii)  Leased Areas being the areas defined in the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950),

(iii)  The Areas within the borders of Baluchistan as defined in Ministry of States and Frontier Regions’ Notifications No.F.9 (170)-F/48-1, and F-9 (170) F/48-II, dated the 27th June, 1950.

Revenue Commissioner or Revenue Commissioner in Baluchistan.

Commissioner.

Bahawalpur State

His Highness the Nawab Ruler Bahadur of Bahawalpur, his heirs and successors, or the Ruler of the Bahawalpur State, or Alahazrat, Sar-kar-i-Ali or Alahazrat or Alahazret the Ameer of Bahawalpur State or His Highness, or His Highness the Nawab Ruler Bahadur.

Provincial Government except when any of the expressions occurs in an oath or affirmation, where it shall mean the Constitution of Pakistan as by law established.

 

The Bahawalpur Government or the Government of Bahawalpur or the local Government of the Government of the Bahawalpur Darbar, or the State Government or the Government of Alahazrat the Ameer of Bahawalpur, or the Government of the Bahawalpur State, or His Highness’s Government or the Government of His Highness the Nawab Ruler Bahadur.

Provincial Government

 

Indian Penal Code.

Pakistan Penal Code.

 

 

The State Revenue or the Revenue of the State.

Provincial Revenue

 

A.M. the Wazir-i-Azam, or A.M. the Chief Minister, or A.M. the Prime Minister, or A.M. the Revenue Minister, or the Minister Incharge.

Commissioner.

 

Financial Commissioner.

Board of Revenue.

 

His Highness the Nawab Ruler Bahadur’s subjects, or the subjects of the State, or the State subjects.

Inhabitants of the area comprising the Districts of Bahawalpur, Bahawalnagar and Rahimyar Khan.

 

British India.

Provinces and Capital of the Federation.

 

Government of India.

Government of Pakistan.

 

The Ruler in the Judicial Committee or the Judicial Committee.

Governor of West Pakistan in relation to all mercy petitions against convictions in murder cases and in respect of other matters it shall mean the appropriate Court.

 

Forces of Sarkari-i-Ali, or the State Forces, or the Forces of the Bahawalpur State, or the State Troops.

Forces of the Government of Pakistan.

Khairpur State

H.H. the Mir, his heirs and successors, or H.H. the Mir of Khairpur, his heirs and successors.

Provincial Government except when the expression occurs in an oath or affirmation, where it shall mean the Constitution of Pakistan as by law established.

 

Darbar, or Khairpur Darbar, or Government, or Khairpur Government, or Kachehry, or Council, or His Highness in Council, or State or State Government, or His Highness the Mir of Khairpur.

Provincial Government

 

President, or Council of Administration, or Council, or President of Council.

Commissioner.

 

Judicial Committee.

Governor of West Pakistan in relation to all mercy petitions against convictions in murder cases and in respect of other matters it shall mean the appropriate Court.

 

Chief Minister, or Minister or Minister Law and Order, or Minister Finance and Industries or Wazir, or Revenue Minister, or Education Minister, or Health Minister, or Council of Ministers or Finance and Revenue Minister, or Finance and Revenue Member, or Minister Incharge of Agriculture, or Public Works Minister, or Council Member Incharge, or President Council.

Commissioner.

 

Council of Rulers.

Provincial Government.

Baluchistan States

Wazir-i-Azam.

[7][Provincial Government or any Officers empowered by the Governor of West Pakistan to perform the functions of Wazir-i-Azam in relation to any matters except judicial matters where it shall mean the appropriate Court]

 

Wazir-i-Muarif

District Judge.

 

[8][* * * * * * *

* * * * * * * *]

 

SCHEDULE III

[See Section 3 (3)]

Years of the Act, Regu-lation or Order

No. of the Act, Regu-lation or Order

Short title of the Act, Regulation or Order

Provision adapted

Adaptation made

1

2

3

4

5

CENTRAL ACTS AND REGULATIONS

1850

XII

The Public Accountants Default Act.

Section 5

For “Government” substitute “the Central or the Provincial Government.”

1870

VII

The Court Fees Act

Schedule I

In Article 13, delete “at Lahore” and for “Court of the Financial Commissioner of the Punjab” substitute “Board of Revenue”.

 

 

 

Schedule II

  (i)  In Article 10, clause (c), Omit “Chief Commissioner”

(ii)  In Article 11, clause (b), Omit “or Chief Commissioner”.

1879

XVII

The Sind Agriculturists’ Relief Act

Section I

  (i)  Omit “ of Sind”.

(ii)  For “Province” substitute “Province of Sind as it existed before the appointed day”.

1883

XIX

The Land Improvements Loans Act.

Section 4(2)(f)

For “Provincial Government” substitute “Board of Revenue”.

 

 

 

[9][Section 3(c)

For “Provincial Government” substitute “Board of Revenue or Commissioner”.]

1894

I

The Land Acquisition Act

Section 4(1)

For “Provincial Government” substitute “Commissioner or Board of Revenue”.

 

 

 

Section 4(2)

For “Such Government” substitute “the Commissioner or the Board of Revenue”.

 

 

 

Sections 5-A(2), 6(1), 6(3), 7, 17(1), 17(2), 17(4), 31(3), 35(1), proviso to 36(2), 38(1), 39, 40(1), 40(2),