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  "title": "Enemy Property (Continuance of Emergency Provisions) Ordinance, 1977",
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  "text": "Page 1 of 5 \r\n \r\n \r\nTHE ENEMY PROPERTY (CONTINUANCE OF EMERGENCY \r\nPROVISIONS) ORDINANCE, 1977 \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n1.  Short title, extent and commencement \r\n2.  Continuance of certian emergency provisions \r\n3. Effect of rules, etc., inconsistent with other enactments \r\n4.  Delegations \r\n5.  Savings as to orders, etc.  \r\n6.  Protection of action taken under rules \r\nTHE SCHEDULE \r\n \r\n \r\n\r\n \r\nPage 2 of 5 \r\n \r\nTHE ENEMY PROPERTY (CONTINUANCE OF EMERGENCY \r\nPROVISIONS) ORDINANCE, 1977 \r\nORDINANCE No. XXXIV OF 1977 \r\n[26th September, 1977] \r\nAn Ordinance to provide for the continuance of certain provisions of the Defence of Pakistan Rules \r\nrelating to the control of trading with enemy and control of enemy firms, and the administration of \r\nthe property belonging to them; \r\n WHEREAS it is expedient to provide for the continuance of certain provisions of the \r\nDefence of Pakistan Rules relating to the control of trading with enemy and control of enemy firms, \r\nand the administration of the property belonging to them; \r\n AND WHEREAS the President is satisfied that circumstances exist which render it \r\nnecessary to take immediate action; \r\n NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977 \r\nread  with  the  Laws  (Continuance  in  Force)  Order, 1977 C.M.L.A Order No. 1 of 1977  and  in  \r\nexercise  of  all  powers enabling him in that behalf, the President is pleased to make and promulgate \r\nthe following Ordinance:— \r\n l. Short title, extent and commencement—(l)'This Ordinance may be called the Enemy \r\nProperty (Continuance of Emergency Provisions) Ordinance, 1977. \r\n (2) It extends to the whole of Pakistan and applies to all citizens of Pakistan, and persons in \r\nthe service of Government, wherever they may be. \r\n (3) It shall come into force at once and shall be deemed to have taken effect on the fifteenth \r\nday of September, 1977. \r\n 2. Continuance of certian emergency provisions. Notwithstanding the repeal of the \r\nDefence of Pakistan Ordinance, 1971. \r\n(a)  the provisions of the Defence of Pakistan Rules mentioned in the first column \r\nof the  Schedule shall continue in force, and shall have effect subject to the \r\nmodifications specified in the second column thereof; \r\n(b)  any  order  of  other  instrument  made  or  deemed  to  be  made  under  or  in \r\npursuance of any of the said provisions and in force immediately before the \r\ncommencement of this Ordinance shall continue in force so far as consistent \r\nwith the provisions as continued in force by this section and be deemed to be \r\nmade under or in pursuance of the provisions so continued in force. \r\n 3. Effect of rules, etc., inconsistent with other enactments. The provisions of the Defence \r\nof Pakistan Rules as continued in force by section 2 and all orders made or deemed to be made \r\nunder such provisions shall have effect notwithstanding anything inconsistent therewith contained in \r\nany enactment other than this Ordinance or in any inst rument having effect by virtue of  any \r\nenactment other than this Ordinance. \r\n \r\nPage 3 of 5 \r\n \r\n 4. Delegations.—(1) The Federal Government may by order, direct that any power or duty \r\nwhich by or under any of the provisions as continued in force by section 2 is conferred or  imposed  \r\nupon  the  Federal  Government  shall,  in  such  circumstances  and  under  such conditions, if any, \r\nas may be specified in the direction, be exercised or discharged— \r\n(a)       by any officer or authority subordinate to the Federal Government, or \r\n(b)       by any Provincial Government or by any officer or authority subordinate to \r\nsuch Government, or \r\n(c)       by any other authority. \r\n (2) A Provincial Government may by order direct that any power or duty which has been \r\ndirected under sub-section (1) to be exercised or discharged by the Provincial Government  shall,  in  \r\nsuch  circumstances  and  under such  conditions, if  any,  as  may be specified in the direction, be \r\nexercised or discharged by any officer or authority, not being an officer or authority subordinate to \r\nthe Federal Government. \r\n (3) All orders delegating any power or duty conferred or imposed by any of the provisions \r\ncontinued in force by section 2 made by the Federal Government before the commencement of this \r\nOrdinance and inforce immediately b efore such commencement shall continue in force and be  \r\ndeemed to be made by the Federal Government under this section. \r\n 5. Savings as to orders, etc.—(1) Notwithst anding the  repeal of the  Defence of Pakistan \r\nOrdinance, 1971 and anything contained in any other law, treaty or agreement for the time being \r\nin force  or any other instrument  having the force  of law, all order  and notifications issued and \r\naction taken before the commencement of this Ordinance relating to the  entry, exit or transit, of \r\ntraffic to or from any country by rail, road or river transport shall continue in force and shall have \r\neffect as if issued or taken under this Ordinance. \r\n (2) No order made or deemed to be made in exercise of any power conferred by or under any \r\nof the provisions continued in force by section 2 shall be called in question in any court. \r\n (3) Where an order purports to have been made and signed by any authority in \r\nexercise of any power conferred by or under any of the aforesaid provisions, a court shall, within the \r\nmeaning of the Evidence Act, 1872 presume that such order was so made by that authority. \r\n 6. Protection of action taken under rules.— (1) No suit, prosecution or other legal \r\nproceeding  shall  lie  against  any  person  for  anything  which  is  in  good  faith  done  or intended \r\nto be done in pursuance of any of the provisions continued in force by section 2 or any order made \r\nor deemed to be made thereunder. \r\n (2) No suit or other legal proceeding shall lie against the Government for any damage cause \r\nor likely to be caused by anything in good faith done or intended to be done in pursuance of any of \r\nthe provisions continued in force by section 2 or any order made or deemed to be made thereunder. \r\n \r\nPage 4 of 5 \r\n \r\nTHE SCHEDULE \r\n(See Section 2) \r\nProvisions of the Defence of Pakistan Rules Continued in Force \r\n Number and title of Rule Modification \r\n1. Short title. _____ \r\n3. Interpretation.  Sub-rules (2) and (3) shall \r\nbe omitted. \r\n5. Non-compliance with these rules or orders made \r\nthereunder. _____ \r\n164. Definition. _____ \r\n165. Prohibition   of    trading   with    the enemy. _____ \r\n166. Control   of   rights,   etc.,   in   respect of trading \r\nwith the enemy. _____ \r\n167. Power to appoint Controllers, etc., of Enemy \r\ntrading. _____ \r\n168. Powers of Controllers, etc., of Enemy Trading. _____ \r\n169. Supervision of suspected business. _____ \r\n170. Penalty  for  failure  to  comply  with orders of \r\ncontroller, etc. _____ \r\n171. Penalty for concealment, destruction, etc., of \r\nbooks or documents. _____ \r\n172. Definitions. _____ \r\n173. Prohibition of trade with enemy firms and \r\npurchase of enemy currency. _____ \r\n174. Power to appoint Controllers, etc., of enemy \r\nfirms. _____ \r\n175. Powers of Controllers, etc., of enemy firms. _____ \r\n \r\nPage 5 of 5 \r\n \r\n \r\n Number and title of Rules Modification \r\n176. Supervision of suspected business. _____ \r\n177. Supervision of firms suspected to be enemy firms. _____ \r\n178. Penalty for failure to comply with orders of \r\nController, etc. \r\n_____ \r\n179. Penalty for concealment, destruction, etc., of books \r\nor documents. \r\n_____ \r\n180. Contracts with enemy firms. _____ \r\n181. Transfer of property to or by enemy firms. _____ \r\n182. Transfer and allotment of securities to or by enemy \r\nfirms. \r\n_____ \r\n183. Transfer of negotiable instruments, and actionable \r\nclaims, by enemy firms. \r\n_____ \r\n184. Power to carry on business of enemy firm. _____ \r\n185. Collection of debt of enemy firms and \r\nadministration of property. \r\n_____ \r\n186. Power to control and wind up certain business. _____ \r\n187. Constitution of Boards for certain purposes. _____ \r\n189. Power to obtain information. _____ \r\n190. False statements. _____ \r\n191. Power to require production of books. _____ \r\n198. Attempts, etc., to contravene the rules. _____ \r\n199. Offences by corporations. _____ \r\n201. Burden of proof in certain cases. _____ \r\n209. Cognizance of contravention of the rules. Sub-rules (3) and (4) shall be   \r\nomitted. \r\n \r\n \r\n \r\n \r\n \r\n \r\n         Last Uploaded on 9.10.2023",
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