Law Commission Ordinance, 1979

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THE LAW COMMISSION ORDINANCE, 1979  
 
 
 
 
 
 
    
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Composition of commission 
4. Head Office 
5. Secretariat 
6. Functions of the commission 
6A. Fund 
6B. Expenditure to be charged on the fund  
6C. Constitution of Committees 
6D. Reports 
7. Application of Act VI of 1956 
8. Aspsistance to commission 
9. Power to make rules 
 
 

 
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THE LAW COMMISSION ORDINANCE, 1979 
 
ORDINANCE No. XIV OF 1979 
 
[24th February, 1979] 
 
An Ordinance to establish a 1[Law and Justice Commission of Pakistan] 
WHEREAS it is expedient to establish a 
1
[Law and Justice Commission of Pakistan] for a 
systematic development and reform of the laws and to provide for matters connected therewith or 
incidental thereto; 
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 :― 
1. Short title, extent and commencement.—(1) This Ordinance may be called the 
1
[Law and 
Justice Commission of Pakistan] Ordinance, 1979. 
(2) It extends to the whole of Pakistan. 
  
(3) It shall come into force at once. 
 
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or 
context,― 
 
(a)  “Chairman” means Chairman of the Commission; 
 
(b)  “Commission” means the Commission established under section 3; [:]2 
2
[“(c) “Fund” means Access to Justice Development Fund established under section 6­A; 
 and”.] 
2
(d) “member” means member of the Commission. 
 
3. Composition of Commission. ―2[(1) There shall be a Law and Justice Commission of 
Pakistan consisting of­ 
 
 (a)  the Chief Justice of Pakistan who shall be the Chairman, ex­officio; 
 
 (b)  the Chief Justice of the Federal Shariat Court, Member, ex­officio;  
 
 3[(c)]  the Chief Justices of the High Courts, Members, ex­officio; 
 
1Subs. by Ord. 70 of 02, s. 2. 
2Omitted, re­numbered, ins. & subs. by Ord. 70 of 02, ss. 3& 4. 
3Subs Omitted by Act VIII of 2014, s. 2.
 
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 (d) Attorney General for Pakistan, Member, ex­officio; 
 
 (e)  the Secretary, Ministry of Law, Justice and Human Rights, Member, 
 ex­officio; 
 
 (f)  Chairperson for Commission on Women Status, Member, ex­officio; 
 
 1 [(g)]  four members, one from each Province, to be appointed by the Federal 
 Government on the recommendation of the Chairman in consultation 
 with the Chief Justice of concerned High Court from amongst the 
 persons who are or have been holders of a judicial or administrative 
 office, eminent lawyers or jurists, persons of repute and integrity from 
 civil society, members of the Council of Islami c Ideology or teachers 
 of law in a university or college;". 
 
 (1A) In addition to the members referred to in sub section (1), the Chairman may, in his 
discretion, appoint a suitable person or persons as member or members for a specified period to 
perform specified functions.”] 
 
 (3) A member, other than an ex­officio member, shall hold office for a term of three years 
but shall be eligible for re‑appointment for another term. 
 
(4) A member, other than an ex­officio member, may resign his office by writing under his 
hand addressed to the President. 
 
4. Head Office. The head office of the Commission shall be situated in Islamabad or at such 
other place as the Federal Government may specify. 
 
 5. Secretariat.―(1) The Commission shall have a separate Secretariat to be headed by a 
Secretary, who shall be an officer of the Federal Government not inferior in rank to a Joint Secretary 
to the Federal Government. 
 
 (2) The Secretary and other officers and employees of the Commission sha ll be appointed by 
the Chairman on such terms and conditions as the Commission may determine. 
 
 (3) The Commission may, for the purpose of research, engage, for a specified period, as many 
persons as it considers necessary. 
 
 6. Functions of the Commission.―(1) The Commission shall study and keep under review 
on a continuing systematic basis the statutes and other laws with a view to making recommendations 
to the Federal Government and the Provincial Governments for the improvement, modernization and 
reform thereof and, in particular, for‑ 
 
 
(i)  making or bringing the laws into accord with the changing needs of the society, 
consistent with the ideology of Pakistan and the concept of Islamic social 
justice; 
1Subs & Omitted by Act VIII of 2014, s. 2. 
 
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(ii)  adopting of simple and effective procedure for the administration of laws to 
ensure substantial, in­expensive and speedy justice; 
 
(iii)  arranging the codification and unification of laws in order to eliminate 
multiplicity of laws on the same subject; 
 
(iv)  removing anomalies in the laws; 
 
(v)  repealing obsolete or unnecessary provisions in the laws; 
 
(vi) simplifying laws for easy comprehension and devising steps to make the society 
laws‑conscious; 
(vii)  introduction of reforms in the administration of Justice; and 
 
(viii)  removing inconsistencies between the laws within the legislative competence 
of Parliament and those within the legislative competence of a Provincial 
Assembly. 
 
1[“(2) The Commission shall take appropriate measures for— 
 
(a)  developing and augmenting human resources for efficient court administration 
and case management; 
 
(b)  coordination of judiciary and executive; and 
 
(c)  preparing schemes for access to justice, legal aid and protection of human rights. 
 
 
(3) The Commission shall administer and manage the Access to Justice Development Fund.”] 
 
 
 
1
[(4)] The Commission shall study the present system of legal education and make 
recommendations to the Federal Government for improving the standard of legal education. 
1
[(5)] The Federal Government, or a Provincial Government may refer to the Commission 
any matter relevant to its functions for opinion and advice. 
2
[(6) The Commission may, with the approval of the Federal Government, enter into a 
Memorandum of Understanding with the Law Commission of any country or, as the case may be,  
with any legal or human rights body or organization of any country to― 
(i)  collaborate, cooperate and participate through consultation in carrying out legal 
research  in connection with their respective functions; 
 
 
(ii)  facilitate one another in the collection of data and materials in conducting legal 
research; 
 
 
(iii)  have bilateral and reciprocal exchange of reports, research material and other 
publications; 
 
1Re­numbered & ins. by Ord. 70 of 02, ss. 5& 6. 
2Added by Act VIII of 2014, s. 3. 
 
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(iv)  facilitate visits, training and exchange of delegates, members and officers of the 
respective Commissions or, as the case may be, the respective law or human 
rights body or organization; and 
 
(v)  mutually agree, on case by case basis, on financial arrangements for holding 
meetings undertaking exchange visits and other activities as envisaged in th e 
Memorandum of Understanding; 
Provided that the notification of any such Memorandum of Understanding shall be carried out 
with the approval of concerned Ministry of Federal Government”. 
1
[“6-A. Fund.― (1) There shall be established for the purposes of thi s Ordinance a fund to 
be called the Access to Justice Development Fund. 
(2) The Fund shall consist of— 
 
(a)  an endowment grant of initial amount equivalent to US $24 million by the 
Federal Government in Installments; 
 
(b)  other grants and donations made by the Federal Government Provincial 
Governments or a Local Government; 
 
(c)  donations and contributions made by the individuals or institutions; and 
 
(d)  sums raised by the Commission. 
 
6-B. Expenditure to be charged on the Fund. The annual  6-A income generated by 
investment of endowment grant under clause (a) of sub­section (2) of section 6-A shall be utilized for 
the purposes and to the extent provides as hereunder: 
(a)  60.3% shall be allocated to the provinces  and Islamabad Capital Territory  on  
population basis to be called Judicial Development Fund for improving the 
capacity and performance of the subordinate courts and providing amenities and 
facilities to courts and litigants, as may be determined by the respective High 
2[Courts]; 
 
(b)  10% shall be set aside for special projects in the under­developed Provinces and 
regions; 
 
(c)  not more than 4.5% on Legal and Judicial Research; 
  
(d)  not more than 4.5% on the activities of the Federal 
2
[and Provincial] Judicial 
Academy not covered by its budgetary allocation; 
1Re­numbered & ins. by Ord. 70 of 02, ss. 5& 6. 
2Ins. by Act VIII of 2014, s. 4. 
 
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(e)  not more than minimum of 13.5% with a cap of 20% for the legal empowerment 
of the poor and underprivileged persons for provision of legal aid or assistance 
to have access to Justice, in accordance with the criteria to be laid by the 
Commission; 
 
(f)  not more than minimum 4.5% with a cap of 10% to be spent on innovations in 
or promotion of legal education; 
 
(g)  2.7% shall be charged by the Commission for management of the Fund: 
Provided that an amount allocated under clauses (a) to (g) if not spent for any category shall 
be carried forward for the same purposes for the next two years; 
(h)  all other fund other than provided in clause (a) of sub­section (2) of section 6­A 
and the proceeds thereof, shall be utilized by the Commission for discharging 
its duties and functions under this Ordinance. 
 
6-C. Constitution of Committees. The Commission may constitute committees consisting 
of one or more of its members, as it thinks fit, and may refer to them any matter relevant to the 
functions of the Commission for consideration and report. 
6-D. Reports. The Commission shall publish an annual report of its activities and such other 
periodic or special reports requiring legislative or implementation effect as it may consider necessary. 
The Commission shall submit the reports to the President of Pakistan.] 
 7. Application of Act VI of 1956. The provisions of the Pakistan Commissions of Inquiry Act, 
1956 (VI of 1956), shall apply to the Commission as if the Commission were a Commission appointed 
under that Act to which all the provisions of section 5 thereof applied. 
 
 8. Assistance to Commission. All executive authorities in Pakistan shall assist the 
Commission in the performance of its functions. 
 
 9. Power to make rules.―(1) The Commission may make rules1 for carrying out the purposes 
of this Ordinance. 
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules 
may provide for payment to the members of a travelling allowance and daily allowance in respect of 
journeys performed in connection with the functions of the Commission. 
 
 
 
1For such rules, see. S.R.O. No. 977 (I)/80 and 978 (I)/80, dated 4th September, 1980, Gaz. of P., 1980, Ext. Pt. II, pp. 1734­37.