{ "schema_version": "qanun-law-text/1", "id": "pk-code-9145d74108745186", "title": "Law Commission Ordinance, 1979", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-cZ2b-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "89a826c430d224efb39791978e78d0d9ed7b0e7a33efaf3bd33230d1c11593f1", "source_sha256": "89a826c430d224efb39791978e78d0d9ed7b0e7a33efaf3bd33230d1c11593f1", "text_version_id": "law:pk-code-9145d74108745186:sha256:89a826c430d224efb39791978e78d0d9ed7b0e7a33efaf3bd33230d1c11593f1", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 6 \r\n \r\n \r\n \r\n \r\nTHE LAW COMMISSION ORDINANCE, 1979 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Composition of commission \r\n4. Head Office \r\n5. Secretariat \r\n6. Functions of the commission \r\n6A. Fund \r\n6B. Expenditure to be charged on the fund \r\n6C. Constitution of Committees \r\n6D. Reports \r\n7. Application of Act VI of 1956 \r\n8. Aspsistance to commission \r\n9. Power to make rules \r\n \r\n \r\n\r\n \r\nPage 2 of 6 \r\n \r\nTHE LAW COMMISSION ORDINANCE, 1979 \r\n \r\nORDINANCE No. XIV OF 1979 \r\n \r\n[24th February, 1979] \r\n \r\nAn Ordinance to establish a 1[Law and Justice Commission of Pakistan] \r\nWHEREAS it is expedient to establish a \r\n1\r\n[Law and Justice Commission of Pakistan] for a \r\nsystematic development and reform of the laws and to provide for matters connected therewith or \r\nincidental thereto; \r\nAND WHEREAS the President is satisfied that circumstances exist which render it necessary \r\nto take immediate action; \r\nNOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July 1977, read with \r\nthe Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977), and in exercise of all \r\npowers enabling him in that behalf, the President is pleased to make and promulgate the following \r\nOrdinance :― \r\n1. Short title, extent and commencement.—(1) This Ordinance may be called the \r\n1\r\n[Law and \r\nJustice Commission of Pakistan] Ordinance, 1979. \r\n(2) It extends to the whole of Pakistan. \r\n \r\n(3) It shall come into force at once. \r\n \r\n2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext,― \r\n \r\n(a) “Chairman” means Chairman of the Commission; \r\n \r\n(b) “Commission” means the Commission established under section 3; [:]2 \r\n2\r\n[“(c) “Fund” means Access to Justice Development Fund established under section 6­A; \r\n and”.] \r\n2\r\n(d) “member” means member of the Commission. \r\n \r\n3. Composition of Commission. ―2[(1) There shall be a Law and Justice Commission of \r\nPakistan consisting of­ \r\n \r\n (a) the Chief Justice of Pakistan who shall be the Chairman, ex­officio; \r\n \r\n (b) the Chief Justice of the Federal Shariat Court, Member, ex­officio; \r\n \r\n 3[(c)] the Chief Justices of the High Courts, Members, ex­officio; \r\n \r\n1Subs. by Ord. 70 of 02, s. 2. \r\n2Omitted, re­numbered, ins. & subs. by Ord. 70 of 02, ss. 3& 4. \r\n3Subs Omitted by Act VIII of 2014, s. 2.\r\n \r\nPage 3 of 6 \r\n \r\n (d) Attorney General for Pakistan, Member, ex­officio; \r\n \r\n (e) the Secretary, Ministry of Law, Justice and Human Rights, Member, \r\n ex­officio; \r\n \r\n (f) Chairperson for Commission on Women Status, Member, ex­officio; \r\n \r\n 1 [(g)] four members, one from each Province, to be appointed by the Federal \r\n Government on the recommendation of the Chairman in consultation \r\n with the Chief Justice of concerned High Court from amongst the \r\n persons who are or have been holders of a judicial or administrative \r\n office, eminent lawyers or jurists, persons of repute and integrity from \r\n civil society, members of the Council of Islami c Ideology or teachers \r\n of law in a university or college;\". \r\n \r\n (1A) In addition to the members referred to in sub section (1), the Chairman may, in his \r\ndiscretion, appoint a suitable person or persons as member or members for a specified period to \r\nperform specified functions.”] \r\n \r\n (3) A member, other than an ex­officio member, shall hold office for a term of three years \r\nbut shall be eligible for re‑appointment for another term. \r\n \r\n(4) A member, other than an ex­officio member, may resign his office by writing under his \r\nhand addressed to the President. \r\n \r\n4. Head Office. The head office of the Commission shall be situated in Islamabad or at such \r\nother place as the Federal Government may specify. \r\n \r\n 5. Secretariat.―(1) The Commission shall have a separate Secretariat to be headed by a \r\nSecretary, who shall be an officer of the Federal Government not inferior in rank to a Joint Secretary \r\nto the Federal Government. \r\n \r\n (2) The Secretary and other officers and employees of the Commission sha ll be appointed by \r\nthe Chairman on such terms and conditions as the Commission may determine. \r\n \r\n (3) The Commission may, for the purpose of research, engage, for a specified period, as many \r\npersons as it considers necessary. \r\n \r\n 6. Functions of the Commission.―(1) The Commission shall study and keep under review \r\non a continuing systematic basis the statutes and other laws with a view to making recommendations \r\nto the Federal Government and the Provincial Governments for the improvement, modernization and \r\nreform thereof and, in particular, for‑ \r\n \r\n \r\n(i) making or bringing the laws into accord with the changing needs of the society, \r\nconsistent with the ideology of Pakistan and the concept of Islamic social \r\njustice; \r\n1Subs & Omitted by Act VIII of 2014, s. 2. \r\n \r\nPage 4 of 6 \r\n \r\n(ii) adopting of simple and effective procedure for the administration of laws to \r\nensure substantial, in­expensive and speedy justice; \r\n \r\n(iii) arranging the codification and unification of laws in order to eliminate \r\nmultiplicity of laws on the same subject; \r\n \r\n(iv) removing anomalies in the laws; \r\n \r\n(v) repealing obsolete or unnecessary provisions in the laws; \r\n \r\n(vi) simplifying laws for easy comprehension and devising steps to make the society \r\nlaws‑conscious; \r\n(vii) introduction of reforms in the administration of Justice; and \r\n \r\n(viii) removing inconsistencies between the laws within the legislative competence \r\nof Parliament and those within the legislative competence of a Provincial \r\nAssembly. \r\n \r\n1[“(2) The Commission shall take appropriate measures for— \r\n \r\n(a) developing and augmenting human resources for efficient court administration \r\nand case management; \r\n \r\n(b) coordination of judiciary and executive; and \r\n \r\n(c) preparing schemes for access to justice, legal aid and protection of human rights. \r\n \r\n \r\n(3) The Commission shall administer and manage the Access to Justice Development Fund.”] \r\n \r\n \r\n \r\n1\r\n[(4)] The Commission shall study the present system of legal education and make \r\nrecommendations to the Federal Government for improving the standard of legal education. \r\n1\r\n[(5)] The Federal Government, or a Provincial Government may refer to the Commission \r\nany matter relevant to its functions for opinion and advice. \r\n2\r\n[(6) The Commission may, with the approval of the Federal Government, enter into a \r\nMemorandum of Understanding with the Law Commission of any country or, as the case may be, \r\nwith any legal or human rights body or organization of any country to― \r\n(i) collaborate, cooperate and participate through consultation in carrying out legal \r\nresearch in connection with their respective functions; \r\n \r\n \r\n(ii) facilitate one another in the collection of data and materials in conducting legal \r\nresearch; \r\n \r\n \r\n(iii) have bilateral and reciprocal exchange of reports, research material and other \r\npublications; \r\n \r\n1Re­numbered & ins. by Ord. 70 of 02, ss. 5& 6. \r\n2Added by Act VIII of 2014, s. 3. \r\n \r\nPage 5 of 6 \r\n \r\n(iv) facilitate visits, training and exchange of delegates, members and officers of the \r\nrespective Commissions or, as the case may be, the respective law or human \r\nrights body or organization; and \r\n \r\n(v) mutually agree, on case by case basis, on financial arrangements for holding \r\nmeetings undertaking exchange visits and other activities as envisaged in th e \r\nMemorandum of Understanding; \r\nProvided that the notification of any such Memorandum of Understanding shall be carried out \r\nwith the approval of concerned Ministry of Federal Government”. \r\n1\r\n[“6-A. Fund.― (1) There shall be established for the purposes of thi s Ordinance a fund to \r\nbe called the Access to Justice Development Fund. \r\n(2) The Fund shall consist of— \r\n \r\n(a) an endowment grant of initial amount equivalent to US $24 million by the \r\nFederal Government in Installments; \r\n \r\n(b) other grants and donations made by the Federal Government Provincial \r\nGovernments or a Local Government; \r\n \r\n(c) donations and contributions made by the individuals or institutions; and \r\n \r\n(d) sums raised by the Commission. \r\n \r\n6-B. Expenditure to be charged on the Fund. The annual 6-A income generated by \r\ninvestment of endowment grant under clause (a) of sub­section (2) of section 6-A shall be utilized for \r\nthe purposes and to the extent provides as hereunder: \r\n(a) 60.3% shall be allocated to the provinces and Islamabad Capital Territory on \r\npopulation basis to be called Judicial Development Fund for improving the \r\ncapacity and performance of the subordinate courts and providing amenities and \r\nfacilities to courts and litigants, as may be determined by the respective High \r\n2[Courts]; \r\n \r\n(b) 10% shall be set aside for special projects in the under­developed Provinces and \r\nregions; \r\n \r\n(c) not more than 4.5% on Legal and Judicial Research; \r\n \r\n(d) not more than 4.5% on the activities of the Federal \r\n2\r\n[and Provincial] Judicial \r\nAcademy not covered by its budgetary allocation; \r\n1Re­numbered & ins. by Ord. 70 of 02, ss. 5& 6. \r\n2Ins. by Act VIII of 2014, s. 4. \r\n \r\nPage 6 of 6 \r\n \r\n(e) not more than minimum of 13.5% with a cap of 20% for the legal empowerment \r\nof the poor and underprivileged persons for provision of legal aid or assistance \r\nto have access to Justice, in accordance with the criteria to be laid by the \r\nCommission; \r\n \r\n(f) not more than minimum 4.5% with a cap of 10% to be spent on innovations in \r\nor promotion of legal education; \r\n \r\n(g) 2.7% shall be charged by the Commission for management of the Fund: \r\nProvided that an amount allocated under clauses (a) to (g) if not spent for any category shall \r\nbe carried forward for the same purposes for the next two years; \r\n(h) all other fund other than provided in clause (a) of sub­section (2) of section 6­A \r\nand the proceeds thereof, shall be utilized by the Commission for discharging \r\nits duties and functions under this Ordinance. \r\n \r\n6-C. Constitution of Committees. The Commission may constitute committees consisting \r\nof one or more of its members, as it thinks fit, and may refer to them any matter relevant to the \r\nfunctions of the Commission for consideration and report. \r\n6-D. Reports. The Commission shall publish an annual report of its activities and such other \r\nperiodic or special reports requiring legislative or implementation effect as it may consider necessary. \r\nThe Commission shall submit the reports to the President of Pakistan.] \r\n 7. Application of Act VI of 1956. The provisions of the Pakistan Commissions of Inquiry Act, \r\n1956 (VI of 1956), shall apply to the Commission as if the Commission were a Commission appointed \r\nunder that Act to which all the provisions of section 5 thereof applied. \r\n \r\n 8. Assistance to Commission. All executive authorities in Pakistan shall assist the \r\nCommission in the performance of its functions. \r\n \r\n 9. Power to make rules.―(1) The Commission may make rules1 for carrying out the purposes \r\nof this Ordinance. \r\n(2) In particular, and without prejudice to the generality of the foregoing provision, such rules \r\nmay provide for payment to the members of a travelling allowance and daily allowance in respect of \r\njourneys performed in connection with the functions of the Commission. \r\n \r\n \r\n \r\n1For 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.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-9145d74108745186:sha256:89a826c430d224efb39791978e78d0d9ed7b0e7a33efaf3bd33230d1c11593f1:chars-0-1769:c6f4c040aa13411c3423e84f069c2ec41755e8988bcdb020002a2a3cda06a13a", "character_start": 0, "character_end": 1769, "utf8_byte_start": 0, "utf8_byte_end": 1787, "passage_sha256": "c6f4c040aa13411c3423e84f069c2ec41755e8988bcdb020002a2a3cda06a13a", "reader_fragment": "p-0-1769-c6f4c040aa13411c" }, { "passage_id": "law:pk-code-9145d74108745186:sha256:89a826c430d224efb39791978e78d0d9ed7b0e7a33efaf3bd33230d1c11593f1:chars-1769-3522:76de364ff21f0b957dac5608383842046053ebd991c2a1d3cb0ddd1b822dfd7e", "character_start": 1769, "character_end": 3522, "utf8_byte_start": 1787, "utf8_byte_end": 3576, "passage_sha256": "76de364ff21f0b957dac5608383842046053ebd991c2a1d3cb0ddd1b822dfd7e", "reader_fragment": "p-1769-3522-76de364ff21f0b95" }, { "passage_id": "law:pk-code-9145d74108745186:sha256:89a826c430d224efb39791978e78d0d9ed7b0e7a33efaf3bd33230d1c11593f1:chars-3522-5298:fca624e77dc3d5c78d57c60a8bce036b77bf9b9d20be36368c533c41234007e1", "character_start": 3522, "character_end": 5298, "utf8_byte_start": 3576, "utf8_byte_end": 5365, "passage_sha256": "fca624e77dc3d5c78d57c60a8bce036b77bf9b9d20be36368c533c41234007e1", "reader_fragment": "p-3522-5298-fca624e77dc3d5c7" }, { "passage_id": "law:pk-code-9145d74108745186:sha256:89a826c430d224efb39791978e78d0d9ed7b0e7a33efaf3bd33230d1c11593f1:chars-5298-7082:d1396f61de3f9ccc8f7bb6d756aeb4e164eecd999bf8a89fb6772cda562f48f8", "character_start": 5298, "character_end": 7082, "utf8_byte_start": 5365, "utf8_byte_end": 7167, "passage_sha256": "d1396f61de3f9ccc8f7bb6d756aeb4e164eecd999bf8a89fb6772cda562f48f8", "reader_fragment": "p-5298-7082-d1396f61de3f9ccc" }, { "passage_id": "law:pk-code-9145d74108745186:sha256:89a826c430d224efb39791978e78d0d9ed7b0e7a33efaf3bd33230d1c11593f1:chars-7082-8830:95be518caa264dffcfb8baa812e9a2f40e851c10f919e16030a7be9b24077396", "character_start": 7082, "character_end": 8830, "utf8_byte_start": 7167, "utf8_byte_end": 8930, "passage_sha256": "95be518caa264dffcfb8baa812e9a2f40e851c10f919e16030a7be9b24077396", "reader_fragment": "p-7082-8830-95be518caa264dff" }, { "passage_id": "law:pk-code-9145d74108745186:sha256:89a826c430d224efb39791978e78d0d9ed7b0e7a33efaf3bd33230d1c11593f1:chars-8830-10604:61b8fedfa3eaf775b209119faefc33dbd9b9b9dd4900aa6a6a02646ab0f3f7b2", "character_start": 8830, "character_end": 10604, "utf8_byte_start": 8930, "utf8_byte_end": 10714, "passage_sha256": "61b8fedfa3eaf775b209119faefc33dbd9b9b9dd4900aa6a6a02646ab0f3f7b2", "reader_fragment": "p-8830-10604-61b8fedfa3eaf775" }, { "passage_id": "law:pk-code-9145d74108745186:sha256:89a826c430d224efb39791978e78d0d9ed7b0e7a33efaf3bd33230d1c11593f1:chars-10604-11544:8be90e19e5da1fda330e8cab267e2a93af3e1ffecf12b8073581d8687f042cd7", "character_start": 10604, "character_end": 11544, "utf8_byte_start": 10714, "utf8_byte_end": 11657, "passage_sha256": "8be90e19e5da1fda330e8cab267e2a93af3e1ffecf12b8073581d8687f042cd7", "reader_fragment": "p-10604-11544-8be90e19e5da1fda" } ] }