Enemy Property (Continuance of Emergency Provisions) Ordinance, 1977

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THE ENEMY PROPERTY (CONTINUANCE OF EMERGENCY 
PROVISIONS) ORDINANCE, 1977 
 
 
 
 
CONTENTS 
1.  Short title, extent and commencement 
2.  Continuance of certian 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 
 
 

 
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THE ENEMY PROPERTY (CONTINUANCE OF EMERGENCY 
PROVISIONS) ORDINANCE, 1977 
ORDINANCE No. XXXIV OF 1977 
[26th September, 1977] 
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 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:— 
 l. Short title, extent and commencement—(l)'This Ordinance may be called the Enemy 
Property (Continuance of Emergency Provisions) Ordinance, 1977. 
 (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 at once and shall be deemed to have taken effect on the fifteenth 
day of September, 1977. 
 2. Continuance of certian emergency provisions. Notwithstanding the repeal of the 
Defence of Pakistan Ordinance, 1971. 
(a)  the provisions of the Defence of Pakistan Rules mentioned in the first column 
of the  Schedule shall continue in force, and shall have effect subject to the 
modifications specified in the second column thereof; 
(b)  any  order  of  other  instrument  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. 
 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 deemed to be made 
under such provisions shall have effect notwithstanding anything inconsistent therewith contained in 
any enactment other than this Ordinance or in any inst rument having effect by virtue of  any 
enactment other than this Ordinance. 
 
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 4. Delegations.—(1) The 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  Federal  Government  shall,  in  such  circumstances  and  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 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 Federal Government. 
 (3) All orders delegating any power or duty conferred or imposed by any of the provisions 
continued in force by section 2 made by the Federal Government before the commencement of this 
Ordinance and inforce immediately b efore such commencement shall continue in force and be  
deemed to be made by the Federal Government under this section. 
 5. Savings as to orders, etc.—(1) Notwithst anding the  repeal of the  Defence of Pakistan 
Ordinance, 1971 and anything contained in any other law, treaty or agreement for the time being 
in force  or any other instrument  having the force  of law, all order  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 rail, 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 presume that such order was so made by that authority. 
 6. Protection of action taken 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. 
 (2) No suit or other legal proceeding shall lie against the Government for any damage cause 
or likely to be caused by anything 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. 
 
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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-rules (2) and (3) shall 
be omitted. 
5. Non-compliance with these rules or orders made 
thereunder. _____ 
164. Definition. _____ 
165. Prohibition   of    trading   with    the enemy. _____ 
166. Control   of   rights,   etc.,   in   respect of trading 
with the enemy. _____ 
167. Power to appoint Controllers, etc., of Enemy 
trading. _____ 
168. Powers of Controllers, etc., of Enemy Trading. _____ 
169. Supervision of suspected business. _____ 
170. Penalty  for  failure  to  comply  with orders of 
controller, etc. _____ 
171. Penalty for concealment, destruction, etc., of 
books or documents. _____ 
172. Definitions. _____ 
173. Prohibition of trade with enemy firms and 
purchase of enemy currency. _____ 
174. Power to appoint Controllers, etc., of enemy 
firms. _____ 
175. Powers of Controllers, etc., of enemy firms. _____ 
 
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 Number and title of Rules Modification 
176. Supervision of suspected business. _____ 
177. Supervision of firms suspected to be enemy firms. _____ 
178. Penalty for failure to comply with orders of 
Controller, etc. 
_____ 
179. Penalty for concealment, destruction, etc., of books 
or documents. 
_____ 
180. Contracts with enemy firms. _____ 
181. Transfer of property to or by enemy firms. _____ 
182. Transfer and allotment of securities to or by enemy 
firms. 
_____ 
183. Transfer of negotiable instruments, and actionable 
claims, by enemy firms. 
_____ 
184. Power to carry on business of enemy firm. _____ 
185. Collection of debt of enemy firms and 
administration of property. 
_____ 
186. Power to control and wind up certain business. _____ 
187. Constitution of Boards for certain purposes. _____ 
189. Power to obtain information. _____ 
190. False statements. _____ 
191. Power to require production of books. _____ 
198. Attempts, etc., to contravene the rules. _____ 
199. Offences by corporations. _____ 
201. Burden of proof in certain cases. _____ 
209. Cognizance of contravention of the rules. Sub-rules (3) and (4) shall be   
omitted. 
 
 
 
 
 
 
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