Enemy Property (Continuance of Emergency Provisions) Ordinance, 1969

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 1a2837753761e7173693f3fcfbfd4d02ccdd6ffe8d4d7a29e6dc8e8869593750.

Page 1 of 4 
 
  
 
 
THE ENEMY PROPERTY (CONTINUANCE OF EMERGENCY 
PROVISIONS) ORDINANCE, 1969  
 
CONTENTS 
1.  Short title, extent and commencement 
2.  Continuance of certain emergency provisions 
3.  Effect of rules, etc. inconsistent with other enactments 
4.  Delegations 
5.  Savings as to orders, etc. 
6.  Protection of action taken under rules 
 
THE SCHEDULE 
 

 
Page 2 of 4 
 
THE ENEMY PROPERTY (CONTINUANCE OF EMERGENCY ROVISIONS) 
ORDINANCE, 1969 
ORDINANCE NO. I OF 1969 
 
          [16th February, 1969] 
 
AN 
 
 ORDINANCE  
 
to provide for the continuance of certain provisions of the Defence of Pakistan Rules relating to the 
control of trading with enemy and control of enemy firms, and the administration of the property 
belonging to them. 
 
            WHEREAS it is expedient to provide for the continuance of certain provisions of the Defence 
of Pakistan Rules relating to the control of trading with enemy and control of enemy firms, and the 
administration of the property belonging to them; 
 
            AND WHEREAS the National Ass embly is not in session and the President is satisfied that 
circumstances exist which render immediate legislation necessary; 
 
            NOW, THEREFORE, in exercise of the powers conferred by Article 29 of the Constitution 
and of all other powers enablin g 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 Enemy 
Property (Continuance of Emergency Provisions) Ordinance, 1969. 
 
            (2) It extends to the whole of Pakistan and applies to all citizens of Pakistan , and persons in 
the service of Government, wherever they may be. 
 
            (3) It shall come into force on the day on which the Defence of Pakistan Ordina nce, 1965 
(XXIII of 1965), ceases to have effect under clause (7) of Article 30 of the Constitution. 
 
 2. Continuance of certain emergency provisions. —Notwithstanding the Defence of 
Pakistan Ordinance, 1965 (XXIII of 1965), ceasing to have effect. 
 
(a) the provisions of the Defence of Pakistan Rules mentioned in the first column 
of the Schedule to this Ordinance shall continue in force, and shall have effect 
subject to the modifications specified in the second column thereof; 
 
 (b) any order or other instru ment made or deemed to be made under or in 
pursuance of any of the said provisions and in force immediately before the 
commencement of this Ordinance shall continue in force so far as consistent 
with the provisions as continued in force by this section and  be deemed to be 
made under or in pursuance of the provisions so continued in force. 
 
 
 
Page 3 of 4 
 
 3. Effect of rules, etc. inconsistent with other enactments.—The provisions of the Defence 
of Pakistan Rules as continued in force by section 2 and all orders made or d eemed to be made under 
such provisions shall have effect notwithstanding anything inconsistent therewith contained in  any 
enactment other than this o rdinance or in any instrument having effect by virtue of any enactment 
other than this Ordinance. 
 
            4. Delegations. ___(1) The 1[Federal Government] may by order direct that any power or duty 
which by or under any of the provisions as continued in force by section 2 is conferred or imposed 
upon the 1[Federal Government] shall in such circumstances an d under such conditions, if any, as 
may be specified in the direction be exercised or discharged___  
 
(a) by any officer or authority subordinate to the 1[Federal Government], or 
 
(b) by any Provincial Government or by any officer or authority subordinate to 
such Government, or 
 
(c) by any other authority. 
 
            (2) A Provincial Government may by order direct that any power or duty which has been 
directed under sub -section (1) to be exercised or discharged by the Provincial Government shall, in 
such circumstances and under such conditions, if any, as may be specified in the direction, be 
exercised or discharged by any officer or authority, not being an officer or authority subordinate to 
the 1[Federal Government]. 
 
            (3) All orders delegatin g any power or duty conferred or imposed by any of the provisions 
continued in force by section 2 made by the 1[Federal Government] before the commencement of 
this Ordinance and in force immediately before such commencement shall continue in force and be 
deemed to be made by the 1[Federal Government] under this section. 
 
 5. Savings as to orders, etc. ___(1) Notwithstanding the Defence of Pakistan Ordinance, 1965 
(XXIII of 1965), ceasing to have effect and anything contained in any other law, treaty or agre ement 
for the time being in force or any other instrument having the force of law, all orders and 
notifications issued and action taken before the commencement of this Ordinance relating to the 
entry, exit or transit, of traffic to or from any country by r ail, road or river transport shall continue in 
force and shall have effect as if issued or taken under this Ordinance. 
 
 (2) No order made or deemed to be made in exercise of any power conferred by or under any 
of the provisions continued in force by section 2 shall be called in question in any court. 
 
 (3) Where an order purports to have been made and signed by any authority in exercise of 
any power conferred by or under any of the aforesaid provisions, a court shall, within the meaning of 
the Evidence Act, 1872 (I of 1872), presume that such order was so made by that authority. 
 
 6. Protection of action take under rules. ___(1) No suit, prosecution or other legal 
proceeding shall lie against any person for anything which is in good faith done or intended to  be 
done in pursuance of any of the provisions continued in force by section 2 or any order made or 
deemed to be made thereunder. 
 
 
  1Subs. by Federal Adaptation of Laws Order, 1975, (P.O No. 4 of 1975), Art. 2 and Table.   
 
Page 4 of 4 
 
 (2) No suit or other legal pro ceeding shall lie against the Government for any damage caused 
or likely to be caused by any thing in good faith done or intended to be done in pursuance of any of 
the provisions continued in force by section 2 or any order made or deemed to be made thereunder. 
_____ 
 
 
THE SCHEDULE 
(See section 2) 
 
Provisions of the Defence of Pakistan Rules continued in force 
  
Number and title of Rule                                                                             Modification 
1.  Short title.                                                                                                                 ____  
3.  Interpretation.                                                                                      Sub-rule (2) and (3) 
                                                                                                             shall be omitted. 
5.  Non-compliance with these rules or orders made thereunder. 
161. Definition.          ___  
162.  Prohibition of trading with the enemy.      ___  
163.  Control of rights, etc., in respect of trading with the enemy.                           ___ 
164.  Power to appoint Controllers, etc., of Enemy Trading.                                       ___  
165.  Power of Controllers, etc., of Enemy Trading.                                                 ___  
166.  Supervision of suspected business.                                                                      ___ 
167.  Penalty for failure to comply with orders of Controllers, etc.                               ___ 
168.  Penalty for concealment, destruction, etc., of books or documents.                    ___ 
169.  Definitions.                                                                                                           ___ 
170.  Prohibition of trade with enemy firms and purchase of enemy currency.           ___ 
171.  Power to appoint Controllers, etc., of enemy firms.                                            ___ 
172.  Powers of Controllers, etc., of enemy firms.                                                        ___ 
173.  Supervision of suspected business.                                                                      ___  
174.  Supervision of firms suspected to be enemy firms.                                         ___ 
175.  Penalty of failure to comply with orders of Controller, etc.                                ___ 
176.  Penalty for concealment, destruction, etc., of books or documents.                     ___ 
177.  Contracts with enemy firms.                                                                                 ___ 
178.  Transfer of property to or by enemy firms.                                                     ___ 
179.  Transfer and allotment of securities to or by enemy firms.                             ___ 
180.  Transfer of negotiable instruments, and actionable claims by enemy firms.    ___ 
181.  Power to carry on business of enemy firms.                                                ___ 
182.  Collection of debt of enemy firms and administration of property.                ___ 
183.  Power to control and wind up certain business.                                      ___ 
183-A. Constitution of Board for certain purposes.                                                         ___  
185.  Power to obtain information.                                                                                  ___  
186.  False statements.                                                                                                  ___ 
187.  Power to require production of books.                                                                   ___ 
194.  Attempts, etc., to contravene the rules.                                                                    ___ 
195.  Offences by corporations.                                                                                      ___ 
197.  Burden of proof in certain cases.                                                                 ___ 
205.  Cognizance of contravention of the rules.     Sub-rules (3) and (4)  
          shall be omitted.    
 
___________ 
RGN Dated: - 01.04.2024