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AZAD GOVT. OF
THE STATE OF JAMMU & KASHMIR
(Department of Law, Justice,

Parliamentary Affairs & Human Rights)
THE
AZAD JAMMU AND KASHMIR
LAWS CODE
Volume II
From 1963-1970
(Both Inclusive)

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All rights reserved with:
AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR
(Department of Law, Justice, Parliamentary Affairs & Human Rights)
First Edition: 1984

Second Edition: 2008
Typeset and Printed by:

Syed Izhar-ul Hassan Rizvi,
at IZHARSONS PRINTERS
9-Rattigan Road, Lahore
Phone: 042-7220761, 0333-4282996
e-mail: [email protected]

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PREFACE
I am privileged to introduce the Second Edition of Azad Jammu

and Kashmir Laws Code Volume IV encompassing the laws, which were
made promulgated during the period commencing from 1963 to 1970
under the title “Azad Jammu & Kashmir Laws Code Volume II. First
Edition of this Code was published in 1984. It is hereby worthnoting to
acknowledge the strenuous efforts extended by officers of “Codification
and Law Reforms Wing” i.e., Mr. Muhammad Idrees Abbasi, Additional
Secretary, Ch. Waheed-ul-Hussain Shahid, Deputy Secretary and Mr.
Jehangir Jarral, Section Officer and applaud their contribution which
they rendered in compilation of laws and making possible the availability
of the 2nd edition of Azad Jammu and Kashmir Laws Code, to readers.
Every possible effort was made to present a flawless and

comprehensive volume and to enhance its utility. Notwithstanding,
perfection is unattainable and it is possible that some mistake might have
escaped our notice. Moreover, the possibility of printing, composing or
clerical mistake and oversight errors cannot be ruled out, we shall be
extremely grateful to those who will point out such errors and mistakes.
I hope that this piece of work will benefit all valued reader i.e.,
members of legal fraternity and departments of Government and public
at large. May Allah bestow his blessing upon all of us and enable us to
do more and better for this State.
(Malik Abdul Rashid)
Secretary Law

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CONTENTS
ACTS, 1963
1. The Azad Jammu and Kashmir Government Servants' 1

Benevolent Fund Act, 1963 (Act I, 1963)
2. The Azad Jammu and Kashmir Land Reforms 4

(Amendment) Act, 1963 (Act II of 1963)
3. The Azad Kashmir Emergency Powers (Amendment) 5

Act, 1963 (Act III of 1963)
4. The Azad Jammu and Kashmir Government Dues 7

Recovery Act, 1963 (Act IV of 1963)
5. The Land Acquisition (Azad Jammu and Kashmir 8

Amendment) Act, 1963 (Act V of 1963)
6. Foreign Exchange Regulation Act, 1963 9

(Act VI of 1963)
7. The Azad Jammu and Kashmir President's Gratuity Act, 11

1963 (Act VII of 1963)
ACTS, 1964
8. New Mirpur Town Development Authority (Repeal) Act, 12
1964 (Act I of 1964)
9. The New Mirpur Town (Allotment of Land) 13

Act, 1964 (Act II of 1964)
10. The Azad Jammu and Kashmir Motor Vehicles 18

(Amendment) Act, 1964. (Act III of 1964)
11. The Azad Jammu and Kashmir Government Act, 1964 19

(Act IV of 1964)
12 The Azad Jammu and Kashmir Government 23

(Amendment) Act, 1964 (Act V of 1964)
13. The Azad Jammu and Kashmir Conciliation Courts 25

(Amendment) Act, 1964 (Act VI of 1964)
14. The Azad Jammu and Kashmir Basic Democracies 26

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(Amendment) Act, 1964 (Act VII of 1964)
ACTS, 1965
15. The Azad Jammu and Kashmir Government 29
(Amendment) Act, 1965 (Act I of 1965)
16. The Azad Jammu and Kashmir Prevention of 30

Corruption (Amendment) Act, 1965 (Act II of 1965)
17. The Azad Jammu and Kashmir Partnership 32

(Amendment) Act, 1965 (Act III of 1965)
18. The Azad Jammu and Kashmir Government (Second 33

Amendment) Act, 1965 (Act IV of 1965)
ORDINANCES, 1965
19. The Public Office (Misconduct) Ordinance, 1965 35
(Ordinance I of 1965, Dated 20th August, 1965)
20. The Industrial Development Bank of Pakistan 38

(Application to Azad Kashmir) Ordinance, 1965
(Ordinance II of 1965, Dated 23rd December, 1965)
ACTS, 1966
21. The Azad Jammu and Kashmir Grant of Khalsa 40
Waste Land as Shamilat-Deh Act, 1966 (Act I of 1966)
22. The Azad Jammu and Kashmir Land Reforms 48

(Amendment) Act, 1966 (Act II of 1966)
ORDINANCE, 1966
23. The Compulsory Service (Azad Kashmir Regular 49
Forces) Ordinance, 1966 (Ordinance I of 1966)
ACTS, 1967
(Amendment) Act, 1967
25. The Azad Kashmir Adaptation of Laws (Amendment) 58

Act, 1967 (Act II of 1967)
26. The Co-Operative Societies (Application to Azad 59

Jammu And Kashmir) Act, 1967 (Act III of 1967)
27. Payment of Wages (Application to Azad Jammu 61

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And Kashmir) Act, 1967 (Act IV of 1967)
28. The Agricultural Development Bank of Pakistan 64

(Extension of Functions to Azad Kashmir) Act, 1967
(Act V of 1967)
ORDINANCE, 1967
29. Azad Jammu and Kashmir Registration Act 66
(Amendment) Ordinance, 1967 (Ordinance I of 1967)
ACT, 1968
ORDINANCES, 1968
(Amendment) Ordinance, 1968 (Ordinance I of 1968)
32. The Inland Mechanically Propelled Vessels 78

(Application to Azad Kashmir) Ordinance, 1968
(Ordinance II Of 1968
33. The New Mirpur Town (Allotment of Land) 82

(Amendment) Ordinance, 1968 (Ordinance III of 1968)
34. The Azad Kashmir Logging and Saw-Mill 83

Corporation Ordinance, 1968 (Ordinance IV of 1968
ACT, 1969
(Amendment) Act, 1969 (Act I of 1969)
ORDINACES, 1969
36. The Azad Jammu And Kashmir Code of Criminal 92
Procedures (Amendment) Ordinance, 1969
(Ordinance I of 1969)
37. The Azad Jammu And Kashmir Code Of Criminal 93

Procedure Amendment (Repeal) Ordinance, 1969
(Ordinance II of 1969)
38. The Azad Jammu And Kashmir Redemption and 94

Restitution Of Mortgaged Lands Ordinance, 1969
(Ordinance III of 1969)
39. The Azad Jammu And Kashmir Acquisition and 103

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Transfers of Property (Special Provisions)
Ordinance, 1969 (Ordinance IV of 1969)
40. The Azad Jammu and Kashmir Acquisitions and 111

Transfers of Property (Special Provisions)
(Amendment) Ordinance, 1969 (Ordinance V of 1969)
ACT, 1970
(Act I of 1970)
ORDINANCES, 1970
42. The Azad Jammu and Kashmir Electoral Rolls 123
Ordinance, 1970 (Ordinance I of 1970)

Transfers of Property (Special Provisions) (Amendment)
Ordinance, 1970 (Ordinance II of 1970)

(Amendment) Ordinance, 1970 (Ordinance III of 1970)

(Second Amendment) Ordinance, 1970
(Ordinance IV of 1970)

(Amendment) Ordinance, 1970 (Ordinance V of 1970)
47. The Azad Jammu and Kashmir State Council 135

Ordinance, 1970 (Ordinance VI of 1970)
48. The Azad Jammu and Kashmir Delimitation of 137

Constituencies Ordinance, 1970 (Ordinance VII of 1970)
49. The Azad Jammu and Kashmir Electoral Rolls (Third 141
Amendment) Ordinance, 1970 (Ordinance VIII of 1970)
50. The Azad Jammu and Kashmir (Emergency) 143

Requisition of Property (Amendment) Ordinance, 1970
(Ordinance IX of 1970)
51. The Azad Jammu and Kashmir State Council (Elections) 144
Ordinance, 1970 (Ordinance X of 1970)

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52. The Azad Jammu and Kashmir Presidential Elections 189
Offences and Enquiries Ordinance, 1970
(Ordinance XI of 1970)
53. The Azad Jammu and Kashmir State Council (Elections) 198
(Amendment) Ordinance, 1970 (Ordinance XII of 1970)
54. The Azad Jammu and Kashmir Legislative Assembly 199

(Elections) (Amendment) Ordinance, 1970
(Ordinance XIII of 1970)
55. The Azad Jammu and Kashmir Presidential Elections 200

Offences and Enquiries (Amendment) Ordinance, 1970
(Ordinance XIV of 1970)
56. The Azad Kashmir Logging and Saw Mill Corporation 201
(Amendment) Ordinance, 1970 (Ordinance XV of 1970)
57. The Azad Jammu and Kashmir Oath of Offices 202

Ordinance, 1970 (Ordinance XVI of 1970)
58. The Azad Jammu and Kashmir Motor Vehicles 207

Ordinance, 1970 (Ordinance XVII of 1970)
59. The Azad Jammu and Kashmir Sanctity of Ramzan 213

Ordinance, 1970 (Ordinance XVIII of 1970)
PRESIDENT’S ORDERS
60. Government Servants and Students Compulsory 215
Military Training Order, 1965
61. The President's Inspection Team Order, 1967 216
62. The Azad Jammu and Kashmir Prohibition of 219

Indian Films Order, 1967
63. Evacuee Property Allottees (Compensation) 220

Order, 1967
64. Azad Jammu and Kashmir Economy of 222

Food Order, 1967
65. Azad Jammu and Kashmir Imported Motor Vehicles 225

Prohibition Of Transfer Order, 1968

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66. The Passport (Offences) Order, 1968 226
RULES
67. The Azad Jammu and Kashmir Local Councils 228
(Conduct Of Business) Rules, 1963
68. The Azad Jammu and Kashmir Local Council (Imposition 231
of Taxes) Rules, 1963.
69. The Azad Jammu and Kashmir District Councils 237

Vice-Chairman (Elections, Powers and Vote of
No-Confidence) Rules, 1965.

(Vote of No-Confidence Against Chairman) Rules, 1965
71. Rules under the Azad Jammu and Kashmir 244

Government Act, 1964
72. The Azad Jammu and Kashmir Civil Defence 249

(Amendment) Rules, 1962

(Election of Members) Rules, 1967

(Elections) Rules, 1968

Vice-Chairman (Elections, Powers and Vote of
No-Confidence) (Amendments) Rules, 1968

Transfers Of Property (Special Provisions) Rules, 1970
77. The Azad Jammu and Kashmir Electoral Rolls Rules, 274
1970
78. The Azad Jammu and Kashmir Presidential 294

Election Rules, 1970

(Elections) Rules, 1970
80. The Azad Jammu and Kashmir Election of Speaker Rules, 381

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1970
REGULATIONS
81. The Union Councils (Conduct of Meetings) Model 383
Regulations, 1963
82. The Azad Jammu and Kashmir Tehsil Councils (Conduct 393
of Business) Model Regulations, 1963
83. The Azad Jammu and Kashmir District Council (Conduct 402
of Meetings) Model Regulations, 1963
84. Government Order No. 71/63 dated 13th February 1963, 414
regarding instructions to the Rehabilitation Authorities in
allotment case.
85. Government Order No 97/63 dated 5th March, 1963, 416

regarding appointment of persons holding the office of
Office Qanungos/Saddar Qanungo as Pleader-Mal
(Government Pleader) for the purpose of Order No. 35
Rule 6, of the Civil Procedure Code.
86. Government Order No. 303/63 dated 25th July, 1963, 417
regarding amendment of Government Order No. 71/63
dated 13 February, 1963.
87. Government Order No. 428/63 dated 13th October, 1963, 418
regarding transfer of Evacuee Property in Mangla Dam
Area.
88. President’s Order regarding Presidential Vote of 421

Confidence Proclamation, 1964.
89. Government Order No. 1332-60/SL,64 dated 15th October, 422

1964, regarding Notification under Section 6 (2) of the
Jammu and Kashmir Right of Prior Purchase Act, 1993
(Bik).
90. Addition of Rule 23-A, to Administration of Evacuee 423

Property Rules, 1950, under Government Order No.
Admin/6645-85/SS/64 dated 26th October 1964.
91. Notification No. 155-92/SL/65, dated 23rd January, 1965 424

under section 6(2) of the Jammu and Kashmir Right of
Prior Purchase Act, 1993 (Bik)

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92. Notification regarding amendment of Rule 24 of the 425

Electoral Rolls (Preparation) Rules, 1957, in its
application to preparation of list of electors under the
Basic Democracies Act, 1969.
93. Government Order No. 67/RS/65 dated 18th November, 427

1965, regarding fixation of ground rent/Tehzamini for
Crown and Evacuee land.
94. Notification under section 2 (8) of the 430

Official Secrets Act, 1923 and declaration of
certain places as Prohibited Places.
95. Government Order No. 478-80/66 dated 28th February, 431

1966, under Section 56 of Administration of Evacuee
Property Act, regarding payment of compensation to
transferees in Mangla Dam Area entitled thereto.
96. Government Order No. H&P/SS/617-69/66 dated 14-3- 432

1966, under Section 2 of Official Secrets Act declaring
certain places as Prohibited Places.
97. Council Order No. 970-1000/SL/66 dated 7th April, 1966, 433
regarding exclusion of areas from pre-emption in case of
sales in favour of Mangla Dam displaced persons.
98. Government Order No. 3889-3902/SS/66 dated 6th 434

August, 1966, regarding investigation of multiple
allotments of evacuee property under the provisions of
Azad Jammu and Kashmir Multiple Allotments Act, 1962.
99. Government Order No. Reh/1739-44/66 dated 5th October, 435

1966, regarding relaxation of Government Order No.
481/50 in respect of Vatala Area.
100. Government Order No. Admn/5477-83/67 Dated 8th May, 437

1967 Regarding Entry Of The Names Of Heirs Of
Allottees In The Revenue And Rehabilitation
Records/Papers
101. Government Order No. Admn/8216-25/67 Dated 24th 438

August, 1967, Regarding Final Allotment Of Evacuee
Properties.

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102. Government Order No. 9014-27/SS/67 dated 6 October, 439
1967 regarding exemption of documents executed in
respect of borrowings from the Agricultural Development
Bank of Pakistan, from payments of Stamp Duty and
Registration fees chargeable.
103. Government Order No. Admn/9833-75/SS/67 dated 2nd 440

November, 1967 regarding recovery of Government dues
as arrears of Land Revenue from the defaulters.
104. Finance Department’s Notification No. FS/1704-13/67 442

dated 4th November, 1967, regarding enforcement of
amendments made in the Income Tax Act, 1922, with
effect from 1st July, 1967, in the Azad Jammu and
Kashmir.
105. Notification under the Civil Defence Act, regarding 443

Registration of Industries.
106. Notification under Land Revenue (Amendment) Act, 444

1955, regarding procedure for cutting of State trees on
private land.
107. Notification under the Motor Vehicles Act, regarding 445

powers of Police Officers to seize Vehicles.
108. Notification under the Jammu and Kashmir Fisheries Act, 446
1960 (Bik) appointing Deputy Director Fisheries and other
Officers of WAPDA under Section 17 of the said, to act as
agent of the Azad Kashmir Government.
109. Notification prohibiting the cutting of Avenue trees under 447

the Emergency Powers Act, 1958, within the Azad Jammu
and Kashmir Territory.
110. Notification regarding appointment of Highways 448

Authorities in Azad Kashmir.
111. Notification regarding extension of Section 34 of the 449

Police Act, in Muzaffarabad and Poonch Districts of Azad
Jammu and Kashmir.
112. Notification regarding fixation of rent of Agricultural 450

evacuee land throughout the Azad Jammu and Kashmir.

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113. Notification regarding definition of refugees, following 451
the War of Liberation in the Jammu and Kashmir State in
the year 1947 or owing to War in the year 1965 or at any
time thereafter.
114. Notification regarding extension of the operation of the 452

Azad Kashmir Rent Restriction Act, 1952 to New Mirpur
Town.
115. Notification appointing Sessions Judges of every District 453

of Azad Kashmir to be Additional Special Judges (Anti-
Corruption) for other Districts.
116. Notification No. Admin/278/69 dated 16th January, 1969 454

regarding acceptance of parity in the matters of services of
Non-Gazetted employees of Azad Jammu and Kashmir
Government with their counterpart of West Pakistan.
117. Notification No. H.9 (46)/784-93/Forests/69 dated 12th 455
March, 1969 under Section of the Jammu and Kashmir
Fisheries Act, 1960 (Bik) declaring certain areas as
sanctuary.
118. Notification No. H&P/SS/3154-3259/69 dated 26th March, 456

1969 prohibiting strikes and agitations in educational
institutions and other public and private places under the
Emergency Powers Order No. I of 1969.
119. Instructions under No. H&P/SS/3292-3393/69 dated 27th 457

March, 1969 directing the District Magistrates of Mirpur,
Poonch and Muzaffarabad for giving wide publicity of the
contents of Notification No. H&P/SS/3154-3259/69 dated
26th March, 1969 through beat of drum etc.
120. Notification No. H&P/4166-6223/69 dated 14th April, 458

1969 under Section 10 of Cr. P.C. Law Amendment Act,
1923, by which certain offences have been declared
cognizable.
121. Notification No. H&P/SS/4241-45/69, dated 15th April, 459

1969, regarding relaxation of conditions imposed for
having passed the Intermediate Examination for admission
of Police Training School Course by the Director of
Police.
122. Notification No. H&P/SS/4246-53/69 dated 15th April, 460

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1969, regarding authority to inspect Transport Vehicles
under the Punjab Motor Vehicles Rules, 1940, by the
Police Officers in Uniform of the rank of Head Constable
and above.
123. Notification No. H&P/SS/4563-4603/69 dated 18th April, 461

1969, banning every public servant, to give any verbal
order or written statement or information or declaration
which he knows or believes to be false under the
Emergency Powers Order No. 2 of 1969.
124. Notification No. H&P/SS/4615-55/69, dated 18th April, 462

1969, regarding issuance of Emergency Powers Order No.
3 of 1969.
125. Direction of Custodian of Evacuee Property, regarding 463

recovery of rent of evacuee property allotted to different
persons under the administration of Evacuee Property Act,
1957.
126. Notification No. 1952-1995/SL/69 dated 2nd August, 1969, 464

regarding cancellation of Notification No. H&P/SS/6978-
7038/69 dated 4th June, 1969.
127. Government Order No. 9305-7/Home/69 dated 6th August, 465

1969 regarding cancellation of Government Order No.
648-50/Home/69 dated 27th January, 1969.
128. Notification No. FS/8-58/70 dated 3rd January, 1970 466

regarding enforcement of amendments made in the
Income Tax Act, 1922, and the rates of Income Tax,
Super-tax, and refundable surcharge of other matters.
129. Notification No. H&P/2003-2063/70 dated 12th March, 467

1970, regarding constitution of Anti-Corruption
Committees, to deal with cases of corruption against the
Government servants.
130 Government Order No. Admin/6934-84/SS/70 dated 12th 469

March, 1970, under Section 15 of the Azad Jammu and
Kashmir Acquisition land Transfers of Property
Ordinance, 1970.
131. Notification No. H&P/A-33(40)/C-23 Vol. V/70 dated 11th 470

May, 1970 under Section 37 of the Motor Vehicles Act,

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1939.
132. Government Order No. 9080-10020/SS/70 dated 18th May, 471

1970, regarding reconstitution of President’s Inspection
Team, under the President’s Inspection Team Order, 1967.
133. Notification No. 2529-2570/SL/70 dated 22nd June, 1970, 472

under Section 6 (1) (a) of the Azad Jammu and Kashmir
Acquisition and Transfers of Property (Special Provisions)
Ordinance, 1969.
134. Government Order No. Admin/12903-53/70 dated 29th 473

July, 1970, regarding equalization of Pay Scales of Non-
Gazetted employees of Azad Jammu and Kashmir with the
Pay Scales of the counterpart of West Pakistan.
135. Notification No. 3078-3158/SL/70 dated 8th August, 1970, 474

regarding constitution of Delimitation of Commission,
under Section 4 of the Azad Jammu and Kashmir
Delimitation of Constituencies Ordinance, 1970.
136. Notification No. FD/2932-82/1970 dated 13th October, 475

1970, regarding enforcement of amendments made in the
Income Tax Act, 1922 of Pakistan, under the Finance
Ordinance, 1970 and the rates of Income Tax, Super Tax,
Surcharge and refundable surcharge etc. and other matters
pertaining thereto.
137. Notification No. 2983-3013/70 dated 13-10-1970 476

regarding enforcement of rules made under the Central
Excise and Salt Act, 1944, in Pakistan, to Azad Jammu
and Kashmir Territory.
138. Notification No. H&P/A-32(29)/8501-61/70 dated 26th 477

November, 1970, directing every person residing within
five miles of the Cease-Fire-Line on this side, shall report
the arrival of every stranger in his area to the nearest
Police Station/Police post/Field Intelligence Unit.

Volume II: 1963-1970 1
THE AZAD JAMMU AND KASHMIR GOVERNMENT

SERVANTS' BENEVOLENT FUND ACT, 1963
(Act I, 1963)
(Passed under Government Order No. 14/63, dated 23rd January 1963).
WHEREAS it is expedient to constitute a Benevolent Fund for

relief of Government servants and their families in the manner
hereinafter appearing ; it is hereby enacted as follows :-
1. (1) This Act may be called The Azad Jammu and Kashmir
Government Servants' Benevolent Fund Act, 1963.
(2) It shall apply to all Government Servants, as hereinafter

defined, provided that Government may, by notification, exempt
any class of Government servants from the operation of this Act.
(3) It shall come into force on such a date as the Government

may, by notification appoint.
2. In this Act, unless the context otherwise requires, the following

expressions shall have the meaning hereby respectively assigned
to them, that is to say:-
(a) 'Family' in relation to a Government servant means his or

her:-
(i) wife or wives of husband, as the case may be;
(ii) legitimate children and step-children less than twelve

years old;
(iii) legitimate children and step-children not less than

twelve years old, if residing with and wholly dependent
upon him or her ;
(iv) parents, sisters and minor brothers, if residing with and

wholly dependent upon him or her;
(b) 'fund' means the fund constituted under this Act;
(c) 'gazetted Government servant" means a Government Servant

holding' a post declared to be a gazetted post by the
Government;
2 Volume II: 1963-1970
(d) 'Government' means the Azad Government of the State of
Jammu and Kashmir;
(e) 'Government Servant' means a persons who holds any civil

post under the Azad Government of the State of Jammu and
Kashmir;
(f) 'non-Gazetted Government servant' means a Government

servant other than a Gazetted Government servant;
(g) 'prescribed' means prescribed by rules made under this Act.
3. (1) As soon as may be, the Government shall constitute a fund to

be known as the Azad Jammu and Kashmir Government
Servant's Benevolent Fund;
(2) The fund shall be divided into two Parts; Part I, for Gazetted
Government servants and Part II, for non-Gazetted Government
servants.
(3) Each part of the Fund shall consists of:
(a) contributions made by the Government servants, at such

rates as Government may, from time to time prescribe ;
(b) such grants as may, from time to time be made by

Government;
(c) other contributions and donations;
(d) income from investments made under this Act.
(4) The money credited to the Fund shall be held in custody as

may be prescribed.
4. The fund shall be utilized for:-
(a) the relief of Government servants and their families by:-
(i) giving financial assistance to the families of the

deceased Government servants;
(ii) giving financial assistance to Government servants

invalided out of service ;
Volume II: 1963-1970 3
(iii) making special grants to Government servants in
exceptional cases;
(b) Defraying expenditure incurred in respect of management of

the Fund.
Explanation:- The benefits admissible under this section will be

in addition to the pension, family pensions, or any other aid,
gratuities awarded under the rules regulating the conditions
of service of Government servants.
5. (1) All contributions made under clause (a) of sub-section (3) of

section 3 shall be deducted at the source from the salaries of the
Government servants concerned.
(2) The Accountant-General, of the Azad Government, of the

State of Jammu and Kashmir shall be responsible for keeping the
accounts of the Fund. Audit of the assets of and expenditure
from the Fund will be conducted by such authority as may be
prescribed.
6. (1) As soon as may be Government shall, in such manner as may

be prescribed, constitute the following Boards of Management
namely:-
(a) the State Board of Management (Gazetted) ;
(b) the State Board of Management (Non-Gazetted).
(2) Subject to such directions as may be issued by the

Government and such rules as may be made in this behalf :-
(a) the State Board of Management (Gazetted) shall be

responsible for management of Part I of the Fund and shall
have the powers to invest moneys credited to that part of the
Fund and to incur expenditure therefrom;
(b) the State Board of Management (Non-Gazetted) shall be

responsible for management of Part II of the Fund and shall
have the powers to invest moneys credited to that Part of the
Fund and to make, allocations therefrom;
7. Government may make rules for bringing into effect the

provisions of this Act.
________________
4 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR LAND REFORMS

(AMENDMENT) ACT, 1963
(Act II of 1963)
(Passed under Government Order No. 32/63, Dated 5th February, 1963)
WHEREAS it is expedient to amend the Azad Jammu and

Kashmir Land Reforms Act, 1960, it is hereby enacted as follows:-
1. (i) This Act may be called the Azad Jammu and Kashmir Land
Reforms (Amendment) Act, 1963.
(ii) It shall came into force at once.
(iii) It shall take effect from the date of the coming into force of
the Azad Jammu and Kashmir Land Reforms Act, 1960.
(iv) It shall also apply to pending cases and cases decided before
coming into force of this Act.
Explanation:- The expression 'pending cases' shall include cases

pending before any authority under the Azad Jammu and
Kashmir Land Reforms Act at any original, appellate or
revisional stage.
2. (i) The following shall be substituted and shall always be

deemed to have been substituted for clause (d) of Sub-
section (2) of section 25 of the Azad Jammu and Kashmir
Land Reforms Act, 1960 :-
'Of such portion of the land comprised in his tenancy

without payment of any compensation as corresponds to his
share of the produce, where he pays rent partly in cash and
partly in kind, and of the remaining portion on payment of
compensation by him at eighty times the land revenue of the
said remaining portion of the tenancy plus twenty time the
cash rent paid by him'.
(ii) Explanation at the end of clause (d), sub-section (2) of

section 25 of the said Act shall be deleted.
_____________
Volume II: 1963-1970 5
THE AZAD KASHMIR EMERGENCY POWERS

(AMENDMENT)
ACT, 1963
(Act III of 1963)
(Passed under Government Order No. 127|63, dated 30th April, 1963)
WHEREAS it is expedient to amend the Azad Kashmir

Emergency Powers Act, 1958;
It is hereby enacted as follows:-
1. Short title and commencement:- (i) This Act may be called the
Azad Kashmir Emergency Powers (Amendment) Act, 1963.
(ii) It shall come into force at once.
(iii) Nothing in this Act shall affect any case pending in any
court on the date of the commencement of this Act.
2. Amendment of section 2:- In the Azad Kashmir Emergency

powers Act, 1958, hereinafter referred to as the said Act, in
section 2, sub-section (3) shall be omitted.
3. Amendment of section 8:- In the said Act, in section 8, sub-

sections (iii) and (viii) shall be omitted.
4. Amendment of section 10:- In the said Act, in section 10, sub-

sections (i), (iii) and (iv) shall be omitted.
5. Amendment of section 12:- In the said Act, in section 12, in

sub-section (ii), the words 'contravene any order or direction
issued under this Act or commit any act or guilty of any
omission or' shall be omitted.
6. Insertion of new section 13-A:- In the said Act, after section 13,
the following new section 13-A shall be inserted, namely:
"13-A. Whoever contravenes any provision of this Act or of any

order made thereunder or disobeys or neglects to comply
with any order made, or direction given in pursuance of the
provisions of this Act shall, where no express provision is
made by this Act for the punishment of such contravention,
6 Volume II: 1963-1970
disobedience or negligence, be punishable with
imprisonment of either description which may extend to five
years or with fine, or with both."
7. Omission of sections 14 and 15:- In the said Act, sections 14

and 15 shall be omitted.
_______________
Volume II: 1963-1970 7
THE AZAD JAMMU AND KASHMIR GOVERNMENT DUES

RECOVERY ACT, 1963
(Act IV of 1963)
(Passed under Government Order No. 232/63, dated 28th May, 1963)
WHEREAS it is expedient to provide for the recovery of

Government dues as arrears of land revenue in the State of Jammu and
Kashmir, in the manner hereinafter appearing, it is hereby enacted as
follows:—
1. Short title extent and commencement:- (1) This Act may be

called the Azad Jammu and Kashmir Government Dues
Recovery Act, 1963.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force at once.
In this Act, unless the context otherwise requires, the following

expressions shall have the meaning hereby respectively assigned
to them, that is to say :—
(a) 'defaulter' means a person from whom any dues are

recoverable by Government and includes a person who is
responsible as surety for the payment of any such dues ; and
(b) 'Government' means the Azad Government of the State of

Jammu and Kashmir.
3. (1) Government may, by notification, declare that any dues or

class of dues recoverable by Government shall be recoverable
from the defaulters as such dues were arrears of land revenue.
(2) On the publication of a notification under sub-section (1) any

such dues shall be recoverable as arrears of land revenue under
the land Revenue Act.
4. Government may make rules for the purpose of giving effect to

the provisions of this Act.
_____________
8 Volume II: 1963-1970
THE LAND ACQUISITION (AZAD JAMMU AND KASHMIR

AMENDMENT) ACT, 1963
(Act V of 1963)
(Passed under Government Order No. 366/63,

dated 30th September, 1963)
WHEREAS it is necessary to amend the Land Acquisition Act,

1894, as adapted and enforced in the Azad Jammu and Kashmir
Territory;
It is hereby enacted as follows :-
1. (l) This Act may be called the land Acquisition (Azad Jammu
and Kashmir Amendment) Act, 1963.
2. In the Land Acquisition Act, 1894 (I of 1894), in a section 18,

after sub-section (3), the following new sub-section (4) shall be
added, namely:-
" (4) The Government may, by order, from time to time, delegate
its power under sub-section (3) to any officer subordinate to
it in general or in any particular case or class of cases subject
to such conditions as may be specified in this behalf, "
______________
Volume II: 1963-1970 9
FOREIGN EXCHANGE REGULATION ACT, 1963

(Act VI of 1963)
(Passed under Government Order No. 437|63,

dated 13th November, 1963)
WHEREAS it is necessary to provide for regulating foreign

exchange in the Azad Jammu and Kashmir Territory;
It is hereby enacted as follows :—
1. (1) This Act may be called the Foreign Exchange Regulation

(Application to Azad Jammu and Kashmir) Act, 1963.
(2) It extends to the whole of the Azad Jammu and Kashmir

Territory.
2. It is hereby declared that the Foreign Exchange Regulation Act

1947 (VII of 1947), as it may be inforce in Pakistan, hereinafter
referred to as the said Act, shall apply to the Azad Jammu and
Kashmir Territory subject to the following further provisions,
namely:-
(i) In the preamble to the said Act, after the word 'Pakistan', the
words 'and Azad Jammu and Kashmir' shall be inserted;
(ii) In sub-section (3) of section 23-A of the said Act, after the
words, 9 figures and commas "Code of Criminal Procedure,
1898 (Act V of 1898)", the words, brackets, commas and
figures "as amended by the Azad Kashmir Criminal
procedure Code (Amendment) Act, 1958", shall be inserted ;
(iii) All rules, orders and notifications made under the said Act
or that may be made from time to time shall, as far as
practicable, be deemed to be applicable to Azad Jammu and
Kashmir Territory ;
(iv) The expressions 'Central Government' occurring in the said

Act shall mean the Central Government of Pakistan except
for the purpose of initiation of proceedings in courts or
Tribunals, and the expression 'State Bank' shall mean the
'State Bank of Pakistan' ;
10 Volume II: 1963-1970
(v) The expression 'High Court' occurring in the said Act shall,
in its application to the Azad Jammu and Kashmir Territory,
means the 'Azad Jammu and Kashmir High Court' ; and
(vi) No Tribunal shall take cognizance of an offence under the

said Act, except on the complaint in writing of the District
Magistrate within whose jurisdiction the offence is alleged to
have been committed.
____________
Volume II: 1963-1970 11
THE AZAD JAMMU AND KASHMIR

PRESIDENT'S GRATUITY ACT, 1963
(Act VII of 1963)

Dated 19th November, 1963)
WHEREAS it is necessary to make provision for the payment of

a gratuity to persons who have held the office of the President of the
Azad Government of the State of Jammu and Kashmir:-
1. Short title and commencement:- (1) This Act may be called the
Azad Jammu and Kashmir President's Gratuity Act, 1963.
2. Amount and conditions of gratuity:- There shall be payable to

every person who, having held the office of the President of the
Azad Government of the State of Jammu and Kashmir for a
continuous period of not less than three years, whether before or
after the coming into force of this Act, and not having been
removed for misconduct, has ceased to hold such office, a
gratuity of ten thousand rupees.
3. The gratuity to be charged on the State Revenue:- The

gratuity payable under section 2 shall be charged on the revenues
of the Azad Government of the State of Jammu and Kashmir.
______________
12 Volume II: 1963-1970
NEW MIRPUR TOWN DEVELOPMENT AUTHORITY

(REPEAL) ACT, 1964
(Act I of 1964)
(Passed under Government Order No. 25/64, Dated 25th January 1964)
WHEREAS it is necessary to repeal the Azad Jammu and

Kashmir New Mirpur Town Development Authority Act, 1962, in
consequence of the decision of the Government to have the new Mirpur
Town constructed through its own agents :
l. (i) This Act may be called the New Mirpur-Town Development

Authority (Repeal) Act, 1964.
(ii) It shall come into force at once;
2. The Azad Jammu and Kashmir New-Mirpur Town Development

Authority Act, 1962, is hereby repealed.
_________________
Volume II: 1963-1970 13
THE NEW MIRPUR TOWN (ALLOTMENT OF LAND)

ACT, 1964
(Act II of 1964)
(Passed under Government Order No. 121|64, Dated 2nd April, 1964)
WHEREAS it is expedient to provide for setting up a Committee

for the allotment of land in the New Mirpur Town, townships and
hamlets to be built on the periphery of the Mangla Dam Reservoir and
for other matters connected therewith;
New Mirpur Town (Allotment of Land) Act, 1964.
2. Definitions:- In this Act, unless there is anything repugnant in

the subject of context:
(a) “Committee” means a Committee set up by the Government

under Section 3 of this Act;
(b) “Government” means the Azad Government of the State of

Jammu and Kashmir;
(c) “New Mirpur Town” means the area in Mirpur District the
boundaries whereof are as under :—
North.—Triangulation grid line 10,96,000 yds.
South.—Ridge of the hills between 10,94,000 yds. and

10,93,000 yds.
East.—Triangulation grid line 35,88,000 yds.
West.—Triangulation grid line 35,82,000 vertical between

10,96,000 and 10,95,000 horizontal and 35,81.500 vertical
between 10.95,000 and 10,94.000 horizontal; and
(d) “townships” and “hamlets” shall mean respectively the

townships and hamlets to be built on the periphery of the
Mangla Dam Reservoir in the Mirpur District the boundaries
14 Volume II: 1963-1970
whereof may be specified by the Government from time to
time.
3. Setting up of a Committee etc:- (1) The Government may set

up a committee for carrying out the purposes of this Act.
(2) The Committee shall consist of a Chairman and such other

members not exceeding four in number as may be appointed by
the Government from time to time.
(3) The Government may appoint a Vice-Chairman from

amongst the members who shall exercise such powers, and
perform such duties and functions as are delegated to him by the
Chairman.
(4) The Chairman, Vice-Chairman and members may be

changed or removed by the Government at any time.
(5) The Chairman, Vice-Chairman or any member may, at any

time, resign;
Provided that the resignation shall not take effect until

accepted by the Government.
4. Appointment of Officers and Servants:- The Committee may

with the previous sanction of the Government, appoint such
officers and servants as it considers necessary for the efficient
performance of its functions.
5. Meetings of the Committee:- (1) Committee shall ordinarily

meet for the transaction of business at such place or places as
may be determined by the Chairman.
(2) The quorum necessary for the transaction of business shall be

three members.
(3) Every meeting shall be presided over by the Chairman, or in

his absence by the Vice-Chairman or in the absence of both, the
person, chosen by the members present from amongst
themselves.
(4) All questions which come before any meeting shall be

decided by a majority of the votes of the members present, and
in case of equility of votes, the presiding Officers shall have a
second or casting vote.
Volume II: 1963-1970 15
(5) Minutes of the proceedings of every meeting shall be

recorded in a book to be kept for the purpose which shall be
signed by the person presiding at the meeting and also by other
members present at that meeting and shall, at all reasonable
times and without charge, be open to inspection by the members.
(6) No member shall be entitled to object to the minutes of any

meeting unless he was present at the meeting to which they
relate,
(7) The Chairman shall forward to the Government a copy of the

minutes of the proceedings of each meeting of the Committee
within 10 days from the date on which the minutes of the
proceedings of such meeting were signed.
(8) The Chairman shall, if the Government so directs :—
(a) send a copy of all the papers which were placed before the
Committee for consideration at any meeting; and
(b) furnish a report on any matter or copy of any document in

his charge.
6. Delegation of power by the Committee:- The Committee may

from time to time, by general or special order, delegate to the
Chairman or to any member or to any officer of the Government,
any of its powers, duties of functions under this Act subject to
such conditions as it may think fit to impose.
7. Appointment of Appellate Authority:- (1) The Government

may appoint a person as the Appellate Authority for the
purposes, of this Act.
(2) Any person aggrieved by any order of the Committee or of

any person to whom the powers of the Committee are delegated
under section 6 of this Act may, within 15 days of the Order,
appeal to the Appellate Authority.
(3) The Appellate Authority may either summarily reject the

appeal or proceed to hear it in such manner as it thinks fit.
(4) Subject to the orders of the Appellate Authority, the decision

of the Committee shall be final.
16 Volume II: 1963-1970
8. Bar of jurisdiction:- The order or proceedings of the Appellate
Authority or the Committee or of any person to whom powers of
the Committee are delegated under this Act, shall not be
questioned in any Court.
9. Powers and duties of the Committee:- The Committee shall:
(1) prepare schemes for the allotment of land in the New Mirpur
town, townships and hamlets which is to be sold to intending
purchaser or to be leased out and shall take such measures as
may be necessary for carrying out the purposes of this Act;
(2) have the power to scrutinize and fix the price of the plots
developed or prepared by any agency of the Government:
Provided that the price shall not be less than the acquisition
price as awarded by the Collector including 15 per cent
compulsory acquisition charges and the development charges
which may be determined by such agency;
(3) determine, by rules, the manner of conducting the sale of

plots, the order of priority amongst the intending purchasers and
the method of realisation of the price of plots sold or any part
thereof or of other dues;
(4) cause the removal of any construction which obstructs the

execution of its schemes and may issue interim orders for stay of
any construction or for removal of any building or part thereof
which infringes any part of any of its schemes and may, by
general or special order, prohibit any change in the use of land
and alteration in buildings or structures:
Provided that this clause shall not apply to works executed

by an agency of Government.
(5) have the power to sell, lease, or rent the plots and realise their
price, rents or other dues in lumpsum or in instalments according
to the instructions issued by the Government from time to time.
10. Cancellation of allotments:- The Committee may, in case of

default in the payment of instalments or dues, cancel the
allotment and the amount paid shall stand forfeited to the
Government.
11. Recovery of arears:- All dues recoverable by the Committee

Volume II: 1963-1970 17
from any person in pursuance of the provisions of this Act or any
order made thereunder shall be recoverable as arrears of land
revenue.
12. Priority of allotment:- For the purpose of determining priority

for eligibility for allotment of land, the following order shall be
followed:
(a) Persons affected by the construction of Mangla Dam

including the inhabitants of the existing Mirpur Town ;
(b) Other residents of Mirpur District;
(c) Other Jammu and Kashmir Nationals;
(d) Persons associated with the affairs of Jammu and Kashmir;

and
(e) Persons other than those mentioned above.
13. Committee to control private construction:- The Committee

shall have the power to control the construction of private
buildings in accordance with the rules.
14. Punishment:- Whoever contravences any provision of this Act

or of any rule or order made thereunder shall be punishable with
imprisonment which may extend to six months or fine or with
both.
15. Cognizance of Offences:- No Court shall take congnizance of

an offence under this Act except upon a complaint in writing
made by an officer authorized for the purpose by the Committee.
16. Power to make rules:- The Committee may make rules for
carrying out the purposes of this Act;
_____________
18 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR MOTOR VEHICLES

(AMENDMENT) ACT, 1964.
(Act III of 1964)
(Passed under Government Order No. 1-15\LEG\GO\SL\64,

Dated 18th August, 1964)
WHEREAS it is expedient to amend the Motor Vehicles Act,

1939, it is hereby enacted as follows :-
1. Short title and commencement and extent:- (1) This Act may
be called the Azad Jammu and Kashmir Motor Vehicles
(Amendment) Act, 1964;
(2) It shall come into force at once and shall take effect from the
12tb day of January, 1959.
2. Insertion of new section 64-A, Act IV of 1939:- In the Motor

Vehicles Act, 1939, as adapted under the Azad Kashmir
Adaptation of Laws Act, 1959, after section 64, the following
new section shall be inserted, namely:
"64-A. Inclusion of Jurisdiction of Civil Courts:- (1) Save as

expressly provided in this Act, no Court or other authority
shall have jurisdiction:
(a) to entertain or adjudicate upon any matter which the
Provincial or Regional Transport Authority or the
prescribed authority is empowered by this Act to dispose
of or to determine ; or
(b) to question the legality of anything done under this Act

by or at the instance of the Provincial or a Regional
Transport Authority or the prescribed authority.
(2) No Court or other authority shall be competent to grant

an injunction or other order in relation to any proceedings
before the Provincial or a Regional Transport Authority or
the prescribed authority under this Act, or anything done or
intended to be done by or at the instance of any such
authority under this Act."
________________
Volume II: 1963-1970 19
THE AZAD JAMMU AND KASHMIR GOVERNMENT ACT, 1964

(Act IV of 1964)
WHEREAS it is necessary to provide for the Government and

administration of the territories of Azad Jammu and Kashmir;
Azad Jammu and Kashmir Government Act, 1964.

the subject or context:
(a) "Chairman" means the Chairman of the State Council;
(b) "Chief Adviser" means an officer appointed by the

Government of Pakistan to be the Chief Adviser to the
Government;
(c) "Existing law" means the law which was in force

immediately before the commencement of this Act;
(d) "Government" means the Azad Government of Jammu and

Kashmir;
(e) "Prescribed" means prescribed by rules made by the Chief

Adviser ;
(f) "President" means the President of Azad Jammu and

Kashmir ; and
(g) "State Council" means the State Council constituted under

this Act.
3. State Council:- There shall be constituted a State Council

consisting of eight members who shall be elected in the
prescribed manner by the elected members of the Union
Councils, the Town Committee and Union Committees
constituted under the Azad Jammu, and Kashmir Basic
Democracies Act, 1960 (Azad Jammu and Kashmir Act X of
1960).
20 Volume II: 1963-1970
4. Chairman of the State Council:- (1) The Chief Adviser shall
appoint one of the members of the State Council to be the
Chairman thereof unless he thinks fit to appoint any other person
to be such Chairman :
Provided that if the person appointed as the Chairman is not

a member of the State Council under section 3, such person shall
be deemed to be such member in addition to the members
specified in that section :
(2) The Chairman shall hold office for such period as may be
specified by the Chief Adviser and, if the period is not so
specified, until further orders of the Chief Adviser.
5. Removal of Chairman:- (1) Without prejudice to the powers of

the Chief Adviser, the State Council may by resolution
expressing want of confidence, remove the Chairman.
(2) No resolution under sub-section (1) shall be moved in the

State Council except with the previous consent in writing of the
Chief Adviser.
(3) The Chairman shall have the right to appear before the State
Council during the consideration of the resolution under sub-
section (1) but shall not preside over, or vote at, the meeting
considering, such resolution.
(4) If the resolution under sub-section (1) is passed by the votes

of the majority of the total number of voters, the Chairman shall
forthwith cease to hold office.
6. Acting Chairman:- When a vacancy occurs in the office of the

Chairman by reason of death, resignation or otherwise, or when
the Chairman is absent from duty, the Chief Adviser may
appoint a person to perform the functions of the Chairman until a
Chairman is appointed under section 4 or, as the case may be the
Chairman resumes his duties.
7. Chairman to be the President ex-officio:- The Chairman shall

ex-officio be the President of Azad Jammu and Kashmir and the
Acting Chairman shall ex-officio be the Acting President,
8. Removal of members of the State Council:- The removal of

members of the State Council shall vest in the Chairman
according to Rules to be made under this Act.
Volume II: 1963-1970 21
9. Secretary to the Slate Council:- (1) The Chief Adviser shall
appoint a person to be the Secretary to the State Council.
(2) The Secretary to the State Council shall be the Senior-

Secretary to the Government.
10. Legislative power of the State Council:- (1) Subject to the

provisions of this Act, the State Council may make laws for the
territories of Azad Jammu and Kashmir.
(2) No legislation shall be undertaken by the State Council,

expect with the previous consent in writing of the Chief Adviser.
(3) No law made by the State Council shall have effect unless the
Chief Adviser by notification so directs, and in such a direction
with respect to any law, he may direct that the law shall have
effect, or shall, in its application to any specified area, have
effect, subject to such exceptions or modifications as may be
specified in the direction.
(4) No rules made under any law made by the State Council or
under any existing law shall have effect unless they have been
approved by the Chief Adviser.
11. Reserved matters:- It shall not be lawful for the State Council
to enact any law relating to or affecting:-
(i) the organization, discipline and control of the armed forces;
(ii) evacuee property;
(iii) the provisions of this Act or the rules made thereunder and
their repeal or modification.
12. Other functions of the State Council:- The State Council may
advise the President in the performance of his functions under
any law for the time being in force and shall perform such other
functions as the Chief Adviser may direct;
13. Transitional provision:- Until the election of the members of

the State Council under this Act, the six persons who,
immediately before the commencement of this Act, were
members of the Council constituted under the Azad, Jammu and
Kashmir Presidential Election Act, 1960, being elected out of the
elected members of the Basic Democracies referred to in clause
22 Volume II: 1963-1970
(a) of sub-section (i) of section 12 of that Act, shall be the
members of the State Council as if elected under this Act and the
State Council shall, notwithstanding any vacancy therein, be
deemed to have been validly instituted.
14. Oath of Office:- Every person appointed or elected or declared

as Chairman or a member of the State Council shall before
entering upon the duties of his office, make and subscribe an
oath as may be prescribed in this behalf.
15. Powers to make roles:- The Chief Adviser may make rules, for
carrying out the purposes of this Act.
16. Continuance of existing laws:- Subject to the provisions of this

Act, all existing laws shall with necessary adaptations, continue
in force until altered, repealed or amended.
17. Amendment of the Rules of Business:- The Rules of Business

for the Azad Government of the State of Jammu and Kashmir
shall have effect subject to the amendments specified in the
Schedule.
18. Repeal:- The Azad Jammu and Kashmir Refugees Registration

and Representation Act, 1960 (XIII of 1960) and the Azad
Jammu and Kashmir Presidential Election Act, 1960 (XIV of
1960) together with all enactments amending or modifying those
acts, are hereby repealed.
THE SCHEDULE
1. Rules 5, 8, 9 and 10 shall be omitted.

2. For the expressions "Secretary-General" and "Inspector-General
of Police" wherever occurring, the words "Senior Secretary" and
"Director of Police" shall respectively be substituted.
_________________
Volume II: 1963-1970 23

(Act V of 1964)
WHEREAS it is necessary to amend the Azad Jammu and

Kashmir Government Act, 1964:—
1. (1) This Act may be called the Azad Jammu and Kashmir
Government (Amendment) Act, 1964;
(2) It shall come into force at once and shall take effect from the
date of the coming into force of the Azad Jammu and Kashmir
Government Act 1964.
2. The Azad Jammu and Kashmir Government Act 1964 is

amended as follows:-
(i) The following shall be substituted for sub-section,
(b) of section 2 of the said Act.

"'Chief Adviser' means an officer appointed by the Azad
Government of the State of Jammu and Kashmir on the
advice of the Government of Pakistan to be the Chief
Adviser to the Government."
(ii) The following shall be substituted for sub-section (1) of

section 4 and the Proviso thereunder of the said Act;
"The Chief Adviser shall, in consultation with the State

Council, nominate one of the members of the State
Council to be the Chairman thereof unless, after such
consultation, it is thought fit to nominate any other
person to be such Chairman:
Provided that the person nominated as the Chairman

shall within six months of his nomination obtain a
majority vote of confidence from the elected members of
the Union Councils, the Town Committees and Union
Committees constituted under the Azad Jammu and
Kashmir Basic Democracies Act, 1960. If the Chairman
falls to obtain a majority vote of confidence, he shall
forthwith cease to hold office as Chairman of the State
24 Volume II: 1963-1970
Council."
(iii) The following shall be substituted for sub-section (2) of

section 4 of the said Act:
"The Chairman shall normally hold office until the new

State Council is elected and the new Chairman
nominated."
_____________
Volume II: 1963-1970 25
THE AZAD JAMMU AND KASHMIR CONCILIATION COURTS

(Act VI of 1964)
(Passed under Government Order No. 1848-1894 Council,

Dated Muzaffarabad 20th October, 1964)

Kashmir Conciliation Courts Act, 1962, it is hereby enacted as follows:-
1. Short title and commencement:- (i) This Act may be called the
Azad Jammu and Kashmir Conciliation Courts (Amendment)
Act, 1964.
2. Amendment to the Azad Jammu and Kashmir Conciliation

Courts Act, 1962:- The Azad Jammu and Kashmir Conciliation
Courts Act, 1962, hereinafter referred to as the ‘said Act’ shall
be amended as follows :-
(i) The full-stop at the end of sub-section (1) of section 8 of the

said Act shall be replaced by a colon and the following
proviso shall be added at the end of the said sub-section :—
'Provided that such a decision may be set aside by the

Controlling Authority if it is of the opinion that the
conciliation Court did not have the jurisdiction to try the
case.'
(ii) In Part I, section B of the Schedule under the head 'Civil

cases' the words 'five hundred' shall be substituted for the
words 'two hundred'.
(iii) In Part II, section B of the Schedule under the head 'Civil
cases' the words 'five hundred' and 'one thousand' shall be
substituted for the words, 'two hundred' and 'five hundred'
respectively.
______________
26 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR BASIC DEMOCRACIES

(Act VII of 1964)
(Passed under Government Order No. 1803-1848\Council,

Dated Muzaffarabad 20th October, 1964)

Kashmir Basic Democracies Act, 1960, it is hereby enacted as follows :-
1. (i) This Act may be called, the Azad Jammu and Kashmir Basic
Democracies (Amendment) Act, 1964.
2. The Azad Jammu and Kashmir Basic Democracies Act, 1960

hereinafter referred to as the 'said Act' shall be amended as
follows:-
(i) After section 11 of the said Act, the following new clause
shall be added, namely:-
"(5-A) The Chairman of a Union Council shall vacate office if a

vote of no-confidence is passed against him in the prescribed
manner by two third majority of the total number of
members of the Union Council:
Provided that where a motion of no-confidence against

the Chairman has been moved and has not been carried, no
similar motion shall be moved against him until after the
expiry of six months from the date the motion was moved."
(ii) In Section 12 of the Said Act, after clause (5) the following
new clause shall be added, namely:-
"(5-A) The Chairman of a Town Committee or a Union

Committee shall vacate office if a vote of no-confidence is
passed against him in the prescribed manner by two-third
majority of the total number of members of the Town
Committee or the Union Committee, as the case may be,
provided that where a motion of no-confidence against the
Chairman has been moved and has not been carded, no
similar motion shall be moved against him until after the
expiry of six months from the date the motion was moved."
Volume II: 1963-1970 27
(iii) The following shall be substituted for section 14 of the said

Act:—
“14. District Councils :-

(1) A District Council shall, subject to the other provisions
of this section, consist of such number of official and
elected members as may be fixed by the Commissioner:
Provided that the total number of elected members shall

not be less than the total number of official members.
(2) The holders of such offices as may be specified by the

Government shall ex-officio be official members of the
District Council.
(3) The elected members of the District Council shall be

elected in the prescribed manner from amongst the
electors by an electoral college consisting of the
Chairman of the Union Councils, Town Committees and
Union Committees within the District:
Provided that no official shall be as elected.
(4) The Collector shall ex-officio be an official member of

the District Council and its Chairman."
(iv) After section 14 of the said Act the following new section
shall be inserted namely:-
" 14A. Vice-Chairman :—

(1) Every District Council shall, in the prescribed manner,
elect one of its members other than an official member
to be its Vice-Chairman.
(2) Subject to the provisions of clause (3) the term of office

of a Vice-Chairman shall be five years, or the residue of
his term of office as member, whichever is less.
(3) A Vice-Chairman shall vacate office, if a vote of no-

confidence is passed against him in the prescribed
manner by two-thirds of the total number of members
constituting the District Council other than official
members :
28 Volume II: 1963-1970
Provided that where a motion of no-confidence
against the Vice-Chairman has been moved and has not
been carried, no similar motion shall be moved until
after the expiry of six months from the date the motion
was move.
(4) A Vice-Chairman shall perform such functions as may

be prescribed and such other functions as may be
entrusted to him by the Chairman.
Explanation:- A Vice-Chairman of a Municipal body and a

Vice-President of a Cantonment Board, where they are
members of a District Council, shall be deemed to be
non-official members for the purpose of this section ".
_______________
Volume II: 1963-1970 29

(Act I of 1965)
(Passed under Government Order No. 2528-60\Admn\SS\65,

Muzaffarabad the, April 6, 1965)

Kashmir Government Act, 1964, it is hereby enacted as follows:-
1. Short title, commencement and extent:- (i) This Act may be

called the Azad Jammu and Kashmir Government (Amendment)
Act, 1965.
(ii) It shall come into force at once and shall take effect from the
date of the coming into force of the Azad Jammu and
Kashmir Government Act, 1964.
2. Amendment of section 9:- (i) Sub-section (1) of section 9 of the

Azad Jammu and Kashmir Government Act, 1964 shall be
deleted.
(ii) In sub-section (2) of section 9 of the said Act the figure '2'
and brackets shall be deleted.
______________
30 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR PREVENTION OF

CORRUPTION (AMENDMENT) ACT, 1965
(Act II of 1965)
(Passed under Government Order No. /Council/65,

dated the 7th April, 1965).
WHEREAS it is expedient to amend the Azad Kashmir

Prevention of Corruption Act, 1950, it is hereby enacted as follows:-
1. Short title:- This Act may be called the Azad Kashmir

Prevention of Corruption, (Amendment) Act, 1965.
2. Insertion of section 5-B and 5-C in the Act:- After section 5-A
of the Azad Kashmir Prevention of Corruption Act, 1950, the
following new sections shall be inserted, namely:
'5-B. Declaration of Assets:- (1) When the Government, on

receipt of information and after making such enquiries as it
may deem necessary, is satisfied that there is reason to
believe that any public servant or any other person on his
behalf is in possession of pecuniary resources or property
disproportionate to the known sources of income of such
public servant it may, by order, require such public servant
or other person to furnish in the prescribed manner and
within the prescribed time a statement of his property and
liabilities and such information relating thereto as may be
required by the order.
(2) If such public servant or person:-
(a) upon being so required by an order under sub-section (1)

fails to furnish the statement or information or furnishes
a statement or information which, he knows or his
reasonable cause to believe to be false or not true in any
material particular, or
(b) makes in any book, account, record, declaration, return

or other document, which he is required by an order
under subsection (1) to furnish, any statement which he
know or has reasonable cause to believe to be false or
not true in any material particular, he shall be punishable
with imprisonment for a term, which may extend to three
years and shall also be liable to fine.
Volume II: 1963-1970 31
5-C. Possession of property disproportionate to known sources
of income:- (1) Any public servant who has in his possession
any property, movable or immovable, either in his own name
or in the name of any other person, which there is reason to
believe to have been acquired by improper means and which
is proved to be disproportionate to the known sources, of
income of such public servant shall, if he fails to account for
such possession to the satisfaction of the Court trying him,
be punishable with imprisonment for a term which may
extend to seven years and with fine, and on such conviction
the property found to be disproportionate to the known
source of income of the accused by the Court shall be
forfeited to the Government.
(2) The reference in sub-section (1) to property acquired by

improper means shall be construed as a reference to property
acquired by means which are contrary to law or to any rule
or instrument having the force of law or by coercion, undue
influence, fraud or misrepresentation within the meaning of
the Contract Act’.
_______________
32 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR PARTNERSHIP

(Act III of 1965)
(Passed under Government Order No. \Council 65,

dated, Muzaffarabad, 7th April, 1965)
WHEREAS it is expedient further to amend the Partnership Act,

1932, as in force in Azad Kashmir, for the purposes hereinafter
appearing;
Azad Jammu and Kashmir Partnership (Amendment) Act, 1965.
2. Substitution of Schedule I, Act IX of 1932:- For Schedule I of

the Partnership Act, 1932, the following shall be substituted,
namely:-
SCHEDULE I
MAXIMUM FEES
[See Sub-section (1) of section 71]
Documents or act in respect of which the fee is payable Maximum

fee
Statement under section 58 .. .. .. Ten rupees.

Statement under section 60 .. .. .. Four rupees.
Intimation under section 61 .. .. .. Four rupees.
Intimation under section 62 .. .. .. Four rupees.
Notice under section 63 .. .. .. Four rupees.
Application under section 64 .. .. .. Four rupees.
Inspection of the Register of Firms under sub-section
(1) of section 66 .. .. ..Rupee one and
fifty paisa
Inspection of documents relating to a firm under sub- Rupee one and
section (2) of section 66. Fifty paisa.
Copies from the Register of Firms .. .. Fifty paisa for
each hundred
words or part
thereof.
_____________
Volume II: 1963-1970 33
THE AZAD JAMMU AND KASHMIR GOVERNMENT (SECOND

AMENDMENT) ACT, 1965
(Act IV of 1965)
(Passed under Government Order No. Admin\5779-5824\SS\65,

dated Muzaffarabad the 23rd July, 1965)
WHEREAS it is necessary further to amend the Azad Jammu

and Kashmir Government Act, 1964, for the purposes hereinafter
appearing ;
Azad Jammu and Kashmir Government (Second Amendment)
Act, 1965
2. Substitution of section 3, Azad Jammu and Kashmir

Government Act, 1964:- In the Azad Jammu and Kashmir
Government Act, 1964 hereinafter referred to as the said Act, for
section 3 the following shall be substituted namely:-
"3. State Council:- There shall be constituted a State Council

which shall consist of:
(a) eight members who shall be elected in the prescribed

manner by the elected members of the Union Councils,
Town Committees and Union Committees constituted
under the Azad Jammu and Kashmir Basic Democracies
Act, 1960 (Azad Jammu and Kashmir Act X of 1960);
and
(b) two members who shall be appointed by the President in

consultation with the Chief Adviser from amongst the
refugees of the State of Jammu and Kashmir residing in
Pakistan."
3. Substitution of section 8, Azad Jammu and Kashmir

Government Act, 1964:- In the said Act, for section 8 the
following shall be substituted, namely:
"8. (1) The members of the State Council, other than the
34 Volume II: 1963-1970
members specified in clause (b) of section 3 shall be subject
to removal by the Chairman in accordance with the rules
made under this Act.
(2) The members of the State Council specified in clause (b)

of section 3 may be removed at any time by the President on
the advice of the Chief Adviser."
________________
Volume II: 1963-1970 35
THE PUBLIC OFFICE (MISCONDUCT) ORDINANCE, 1965

(Ordinance I of 1965, dated 20th August, 1965)
(Passed under Government Order No. SS\Ordinance\l-33\Home\65,

dated 20th August 1965)
WHEREAS it is necessary to provide for inquiry into and trial of

the offence of misconduct committed by a person while holding a public
office and matters incidental thereto;
AND WHEREAS the State Council is not in session ;
Now, THEREFORE, in pursuance of the provisions of Rule 2 of

the rules made under the Azad Jammu and Kashmir Government Act,
1964 the President Azad Government of the State of Jammu and
Kashmir is pleased to make and promulgate the following Ordinance:-
1. (1) This Ordinance may be called the Public Office (Misconduct)

Ordinance, 1965.
(2) It extends to the whole of Azad Jammu and Kashmir

Territory.
2. In this Ordinance, unless there is anything repugnant in the

subject or context:
(a) 'Code' means the Code of Criminal Procedure, 1898 (Act V

of 1898;
(b) 'Elective body' means any assembly, Board, Committee, local

Council, municipal body or any other body or institution, by
whatever name called, constituted or established by or under
any law for the time being in force, of which the constituent
members are wholly or partly chosen by means of election;
(c) 'Inquiry Officer' means an Officer appointed under section 3

to investigate and inquire into the offence of misconduct;
(d) 'Misconduct' means any subversive activity, the preaching of

any doctrine or the doing of any act which contributes to
political instability bribery, corruption, jobbery, favouritism,
nepotism, wilful maladministration, wilful misapplication or
36 Volume II: 1963-1970
diversion of public money or moneys collected whether by
public subscription or otherwise or any other abuse of
whatsoever kind of power or position and any attempt at, or
abetment of, such misconduct; and
(e) 'Special Court' means the Special Court constituted under

section 6.
3. Where there is reasonable suspicion that a person who, at any

time after the 15th day of October, 1958, has held any office,
post or position including the membership of an elective body,
under or in connection with the affairs of the Azad Government
of the State of Jammu and Kashmir has committed the offence of
misconduct, the Government may appoint a Police Officer of
appropriate rank to investigate and inquire into the misconduct
of such person.
4. The Inquiry Officer shall have all the powers of a Police Officer
under the Code of Criminal Procedure for investigation of
cognizable cases and shall also have the power to arrest an
accused person without warrant.
5. (1) On the conclusion of the inquiry the Inquiry Officer shall

submit a report to the Government recording therein his findings.
(2) Upon the receipt of the report from the Inquiry Officer, if the
Government is of the opinion that there is a prima facie case, the
Inquiry Officer may be directed by the Government to produce
the accused before the Special Court constituted for trial under
this Ordinance.
6. (1) The Special Court shall consist of a Judge of the High Court
appointed in this behalf by the President.
(2) For the purpose of the trial of an offence of misconduct the

Special Court shall be deemed to be a Court of Session and,
notwithstanding anything contained in the Code, shall take
cognizance of the offence of misconduct, without the accused
being committed to it for trial.
(3) Where the Special Court takes cognizance of an offence

under subsection (2), then, notwithstanding anything contained
in the Code, the Special Court shall try the case, without the aid
of a jury or assessors, and in trying the case shall follow, as far a
may be and subject to rules, if any, made under section 8, the
Volume II: 1963-1970 37
procedure, prescribed for the trial by Magistrates of summons
cases.
(4) The Special Court may, if in its opinion it is necessary in the

public interest so to do, and shall, if the Government so directs,
exclude the public from its proceedings.
(5) Where after the conclusion of the trial the Special Court finds
the accused person guilty of misconduct it may pass a sentence
of fine or of imprisonment for a term not exceeding three years
or of both.
(6) The offence of misconduct shall be cognizable and non-

bailable.
7. The provisions of this Act shall be in addition to, and not in

derogation of, any other law for the time being in force and a
person liable to punishment under this Ordinance shall not
thereby be saved from liability under such other law.
8. The Government may make rules for carrying out the purposes
of this Ordinance.
______________
38 Volume II: 1963-1970
THE INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN

(APPLICATION TO AZAD KASHMIR) ORDINANCE, 1965
(Ordinance II of 1965, dated 23rd December, 1965)
(Passed under Government Order No. SS Ordinance\38-88\Home\65

Dated, Muzaffarabad, the 23rd December, 1965)
WHEREAS it is necessary to provide for extending the scope of

the business of the Industrial Development Bank of Pakistan to Azad
Jammu and Kashmir Territory ;
AND WHEREAS the State Council is not in session ;
NOW, THEREFORE, in pursuance of the provisions of Rule 2

of the rules made under the Azad Jammu and Kashmir Government Act,
1964 the President Azad Government of the State of Jammu and
Kashmir is pleased to make and promulgate the following Ordinance :-
1. (i) This Ordinance may be called the Industrial Development

Bank or Pakistan (Application to Azad Kashmir) Ordinance,
1965.
(ii) It extends to the whole of the Azad Jammu and Kashmir

Territory.
(iii) It shall come into force at once.
2. In this Ordinance, unless there is anything repugnant in the

subject or context, the expression:-
(i) 'Bank' means the Industrial Development Bank of Pakistan

established under the Industrial Development Bank of
Pakistan Ordinance, 1961.
(ii) 'Industrial Development Bank of Pakistan Ordinance' means

the Industrial Development Bank of Pakistan Ordinance,
1961 as it is or as it may, from time to time, be in force in
Pakistan.
3. (i) The provisions of the Industrial Development Bank of

Pakistan Ordinance, 1961 and the rules made thereunder
shall apply to the Azad Jammu and Kashmir Territory as
they apply to Pakistan.
Volume II: 1963-1970 39
(ii) The Bank may extend its business to the Azad Jammu and
Kashmir Territory and grant loans in the said territory in the
same way and subject to the same conditions as in Pakistan
and all the provisions of the Industrial Development Bank of
Pakistan Ordinance, 1961 for enforcement of claims by the
Bank shall also be applicable to Azad Kashmir.
4. All sums due to the said Bank shall be recoverable as arrears of

land revenue.
____________
40 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR GRANT OF KHALSA

WASTE LAND AS SHAMILAT-DEH ACT, 1966
(Act I of 1966)
(Passed under Notification No. 224-77/Council, dated 4th August, 1966)
WHEREAS it is expedient to regulate 'nautors' under 'Shamilat-

Deh' rights and to specify 'Shamilat-Deh' areas after demarcation of
forests :-
It is hereby enacted as follows ;—
1. Short title, extent and commencement:- (l) This Act may be

called the Azad Jammu and Kashmir Grant of Khalsa Waste
Land as ‘Shamilat-Deh’ Act, 1966.

Territory, except the areas under the Mangla Dam and such areas
as have already been declared as Tourist Development Areas by
the Government.
(3) Sections 7 and 9 shall come into force at once and the
remaining provisions shall take effect from the date of issue of a
notification under section 32 of the Punjab Land Revenue Act,
1887 (XVII of 1887), in respect of any estate, tehsil or district.
2. Modifications:- All laws, rules, orders and entries in the

Revenue Record which are not consistent with the provisions of
this Act shall be deemed to, have been modified accordingly; but
all the rights already granted and mutations duly attested shall be
deemed to have been granted, and attested under this Act.
3. Definitions:- For the purpose of this Act:
(a) 'Ailan No. 17 and Ailan No. 2' means the Rules notified
under Jammu and Kashmir Revenue 'Ailan No. 17 dated
27th Bhadoon, 1984 (Bikrami) for the Jammu Province' and
Ailan No. 2 dated 17th Katik, 1984 (Bikrami) for Kashmir
Province, regarding mutations of 'Khalsa' Waste Land as
'Shamilat', issued in connection with Boon No. 4 ;
(b) 'Collector' means the Collector of a District and includes any

Revenue, Settlement Officer or Assistant Settlement Officer
invested with the powers of 'Collector' by the Government
Volume II: 1963-1970 41
under the Punjab Land Revenue Act, 1887, as in force in
Azad Kashmir;
(c) 'demarcated forest' means such area as was under the control
of the Forest Department as demarcated forest immediately
before the commencement of this Act, and such areas as are
brought under demarcation in accordance with the provisions
of this Act;
(d) 'destitute' means a permanent resident of a village having no

land anywhere, and having no other satisfactory means of
subsistence;
(e) 'Government' means the Azad Government of the State of

Jammu and Kashmir ;
(f) 'Government Order No. 282/57' means the Azad Jammu and
Kashmir Government Order No. 282157, dated 22nd July,
1957, as amended from time to time, pertaining to the grant
of proprietary rights over illegal 'nautors' subject to certain
conditions ;
(g) 'land owner' means 'Malik' including 'Malguzar', 'Haq-

Assamidar' and occupancy and sub-occupancy tenant who
has acquired or is entitled to get proprietary rights under the
Azad Jammu and Kashmir Land Reforms Act, 1960, or any
other law ;
(h) 'Settlement Commissioner' means Commissioner appointed

under the Punjab Land Revenue Act, 1887, as in force in
Azad Kashmir;
(i) 'state trees' means State trees as denned in section 2 of the

Azad Jammu and Kashmir Land Revenue Amendment Act,
1955, and includes Ash and walnut trees ;
(j) 'Union Council' means Union Council constituted under the

Azad Jammu and Kashmir Basic Democracies Act, 1960.
4. Demarcation of forests for determination of Shamilat-deh

area:-(l) The present classification of forests shall be deemed to
have been revised and only 'demarcated forests' shall, for
purposes of this Act, be deemed to have been retained.
(2) The term 'undemarcated forest' shall henceforth be

42 Volume II: 1963-1970
abandoned and an existing undemarcated forest shall be included
in the demarcated forest if there are not less than ten state trees
per acre standing on it and the rest excluded from forest which
may be given in 'Shamilat-deh' :
Provided that if, at any time after the coming into force of
section 7 and 9, any State trees standing in an existing
undemarcated forest are cut so that their number is reduced to
less than ten per acre such undemarcated forest shall be included
in the demarcated forest and shall not be given in Shamilat-deh.
Explanation:- In this sub-section 'tree' means one having a

diameter of not less than 12 inches.
(3) All other State-owned lands under the control of the Forest
Department or 'Maqbooza-Assamian-Deh' having twenty-four or
more State trees per acre shall be classed as demarcated forest
and the rest may be given in 'Shamilat-deh'.
(4) While demarcating a forest it shall be ensured that Khalsa

Waste of less than two acres size entirely surrounded by private
holdings, and all strips of Khalsa Waste of not more than 20
Karams width between private holdings, are not included in the
line and that strips of Waste not less than 25 Karams wide are
always left between the line and the cultivation as 'Khalsa
Sarkar'.
(5) The procedure prescribed in the Forest Law Manual for the
demarcation of forests shall be followed for the decision of any
disputes that may arise in enforcing the provisions of sub-
sections (2), (3) or (4).
(6) Nautors in the demarcated forests shall not be regularised

under this Act and the 'Nautor Kunandas' shall be ejected
forthwith.
5. Grant of Shamilat-Deh rights:- (1) Shamilat-rights hereby

granted out of State-owned lands, other than demarcated forests,
shall be recorded upto the extent of 100 per cent of cultivated
area in a village in 1982 (Bikrami), subject to availability of such
land in that village. Only one mutation of Shamilat-Deh shall be
attested in any one village under this sub-section and such
mutation may be sanctioned by the Settlement Officer or
Assistant Settlement Officer ;
Volume II: 1963-1970 43
Provided that mutation of an area in excess of 800 Kanals
shall be sanctioned by the Settlement Commissioner or an officer
specially authorised by him.
(2) The areas already used for grazing, burial and drinking water
purposes and other existing Shamilat-Deh areas shall be
deducted from the total entitlement but included in the general
mutation of Shamilat-Deh referred to in sub-section (1).
(3) Out of 100 per cent of Shamilat areas, 20 per cent shall be
reserved for common purposes of villagers under the
management of the Union Council, and 5 per cent shall be kept
for local destitutes to regularise 'nautors', if any, made by them ;
otherwise it shall remain under the control of the Union Council
concerned, if there is no destitute or till it is properly made over
to the destitutes. The rest 75 per cent of Shamilat area may be
used by the land owners for plantation within the limit of their
respective shares in accordance with the distribution made by the
Union Council. The Union Council may apply for assistance and
obtain the orders of any Settlement or Revenue Officer not
below the rank of Naib-Tehsildar while making distribution
giving affect to it or for ejecting any person exceeding his share
or making encroachment on the share of any other person or on
the reserved areas.
(4) In determining the extent of the right of a land owner to

Shamilat land, for the purpose of sub-section (3), the area owned
or cultivated by him or his predecessor-in-interest in the year
1982 (Bikrami) shall be the basis. The area in respect of which
occupancy rights are held by any person according to the
revenue record in that year should be deducted when working
out the entitlement of an individual owner. Benefit of such
occupancy areas should go to future land-owners.
(5) The share of an individual land owner in Shamilat-deh area

shall be in proportion to his cultivated owned land in the year
1982 (Bikrami) subject to the condition that the total holding of a
land owner in a village including his own land and that given to
him under this Act shall not exceed twenty kanals in the case of
a local destitute or four hundred kanals in the case of others.
(6) Share in Shamilat on evacuee land shall go to its allottees,

but where evacuee land is in the illegal possession of any person
its share in Shamilat may be utilized by the concerned Union
Council till the same is properly allotted to any person.
44 Volume II: 1963-1970
(7) All 'nautors' the mutation of which was sanctioned before the
year 1982 (Bikrami) shall be included in the basic area for the
purposes of calculating Shamilat rights under sub-section (1).
(8) All 'nautors' properly sanctioned after the year 1982

(Bikrami) shall be counted against the Shamilat rights of an
individual land owner. He shall be entitled to his remaining
share, if any, subject to the conditions laid down in this Act and
in case his sanctioned 'nautors' have exceeded the limit the rights
already conferred shall not be withdrawn but he shall not be
given any more land under this Act.
(9) Save as otherwise provided by sub-section (5) of section 4,

all illegal 'nautors' shall, subject to the conditions of plantation
hereinafter contained, be regularized within the share of an
individual in Shamilat-deh under this Act and assessed to land
revenue and cesses according to the rates prevalent in the locality
on the kind of soil and recorded as Tenants-at-will under
Shamilat by mutations to be attested by a Settlement or Revenue
Officer not below the rank of a Naib-Tehsildar after realising all
the arrears of land revenue from the date of 'nautor' up to the
extent of five years. The amount of arrears of land revenue thus
realized shall be entered by the attesting Officer in the body of
the mutation order and 'Part Sarkar' of the mutation order shall
be consigned to the record room after making a note on it of the
number and date of its remission into the Treasury.
A land owner in possession of any portion of 'nautor' m excess of

his share in Shamilat-deh shall be liable to summary ejectment
by any of the aforesaid officers.
(10) The provisions of this Act, in respect of Shamilat Rights

shall not apply to estates mutations whereof have already been
attested under Ailan No. 17 and Ailan No. 2.
(11) Till the settlement operations are started in an area when the
provisions of this Act can be properly implemented, the
provisions of the Government Order No. 282/57 shall continue to
apply to such areas.
(12) All illegal 'nautors' regularized under sub-section (9) and all
other lands newly given in Shamilat under this Act shall be used
by individual land owners, for plantation of mulberry trees, fruit
trees, fuel trees and such other trees as the land owner may
choose. The entire benefit out of such trees, will go to him.
Volume II: 1963-1970 45
Further cultivation in such areas shall be stopped as soon as the
mutation under sub-section (1) is sanctioned and plantation
started within one year. Cultivation in such areas shall be
prohibited and any person doing so shall be liable to summary
ejectment and cancellation of his mutation sanctioned under sub-
section (9).
(13) Any person who contravenes any direction or ejectment

order issued in pursuance of sub-section (5) of section 4, or sub-
section (9) or (12) of this section shall be liable to a fine up to
Rs. 200 to be imposed by the Collector.
(14) A person shall be eligible for the grant of proprietary rights

in such land without payment of any compensation provided
that:-
(a) a minimum period of seven years has elapsed since he

started plantation ;
(b) the minimum density of plantation per kanal is fifteen trees

in the case of fruit trees and thirty in the case of other trees
and in the same proportion in the case of mixed plantation ;
and
(c) the minimum height attained by the trees is twelve feet,

except in the case, of Mulberry bushes.
(15) The grant of proprietary rights shall be sanctioned by the

Collector on a certificate issued by the Divisional Forest Officer
of the area that the conditions prescribed in clauses (a), (b) and
(c) of sub-section (14) have been satisfied and the land shall be
assessed to land revenue is not already assessed. The person thus
acquiring proprietary rights shall be recorded as 'MALIK
HISSADAR' under Shamilat-deh instead of tenant-at-will
through mutation attested by any Settlement Officer or Revenue
Officer in accordance with the sanction aforesaid.
6. Khalsa Sarkar Maqbooza Mehkama Mal Areas:-

Notwithstanding anything contained to the contrary in any law,
rule or order or any entry made in any Revenue Record, all
State-owned lands other than those classified as 'demarcated
forests' under section 4 or as 'Shamilat-deh' under section 5 and
which are not in the possession of any other Government
Department, shall be recorded as Khalsa Sarkar 'Maqbo-oza
Mehkama Mal'. The Revenue Department shall have full control
46 Volume II: 1963-1970
over this area and shall check all encroachments over it and eject
all 'Nautor Kunandas' out of it. The Government may, however,
grant 'Nautors' out of it under the State Waste Land Rules, or
make any other grants as it may consider- proper.
7. Penalties:- (1) Any person who, without lawful authority,

clears or breaks up any land in a forest or erects a fence or
enclosure for cultivation or for any other purpose or otherwise
encroaches upon or takes possession of such land by illegal
trespass shall be punishable with imprisonment of either
description for a term which may extend to three years and with
fine.
(2) Where any person is convicted by a Court under this section

or under any other law for the time being in force for breaking,
clearing or otherwise encroaching upon any land in a forest, such
Court shall order his ejectment and shall restore possession of
such land to the Forest Officer or other authority entitled to the
possession thereof.
Explanation:—For the purposes of this section, 'forest' includes

both 'demarcated forest' and forest which was, before the coming
into force of this Act, classified as undemarcated forest as
defined under the Jammu and Kashmir Forest Act, 1987
(Bikrami).
(3) Any offence falling under sub-section (1) of this section may
be compounded like any other offence under the Jammu and
Kashmir Forest Act, 1987 (Bikrami).
8. Appeal, Review and Revision:- Subject to the provisions of this

Act, the Punjab Land Revenue Act, 1887 is in force in Azad
Kashmir and the Rules made thereunder shall, in so far as they
are applicable, apply to all proceedings under this Act, and all
appeals, reviews and revisions against the orders of a Revenue
Officer shall be governed by the provisions thereof :
Provided that only one appeal shall lie against an order of

ejectment passed by a Revenue Officer.
9. Bar of jurisdiction of Civil Courts:- (1) No Civil Court shall

have jurisdiction on any matter which the Government or any
Revenue Officer is competent to dispose of under this Act and
shall not take cognizance of the manner in which the
Government or any Revenue Officer exercises any power vested
Volume II: 1963-1970 47
in it or in him by or under this Act or under Government Order
No. 282/57.
(2) No Civil Court shall be competent to issue a temporary

injunction in respect of any matter referred to in sub-section (1)
restraining the Government or any Revenue Officer from taking
any ejectment proceedings in pursuance of the provisions of this
Act.
______________
48 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR LAND REFORMS

(Act II of 1966)
(Passed under Government Order No. 373-423|Council|66,
Dated Muzaffarabad the November 29, 1966)

Kashmir Land Reforms Act, 1960, for the purposes hereinafter
appearing;
Azad Jammu and Kashmir Land Reforms (Amendment) Act,
1966.
2. Amendment of section 25 A.K. Act V of 1960:- In the Azad

Jammu and Kashmir Land Reforms Act, 1960, hereinafter
referred to as the said Act, in section 25, in sub-section (1), for
the figures, letters, words and comma '4th day of September,
1954' the words 'coming into force of this Act' shall be
substituted and shall be deemed always to have been so
substituted.
3. Amendment of section 35 A.K. Act V of 1960:- In the said Act,

in section 35, after the word 'Act' at the end, the words, figures,
letters and comma 'and shall be deemed to have been so repealed
on the 4th day of September, 1954' shall be added and shall be
deemed always to have been so added.
4. Validation:- Any occupancy right acquired or created after the

4th day of September, 1954, and before the coming into force of
the said Act by any means whatever, the acquisition or creation
of which would have been valid but for the operation of section 2
of the Azad Kashmir Grant of Proprietary Rights Act of 1954
and sub-section (1) of section 25 of the said Act, shall be deemed
to have been lawfully acquired or created and shall not be
invalid, or otherwise inoperative merely on the ground that they
were acquired or created in contravention of the provisions of the
Azad Kashmir Grant of Proprietary Rights Act of 1954 or the
said Act.
______________
Volume II: 1963-1970 49
THE COMPULSORY SERVICE (AZAD KASHMIR REGULAR

FORCES) ORDINANCE, 1966
(Passed under Government Order No. 1-50/Ordinance/SL/66,

Dated Muzaffarabad, the February 4, 1966)
AN ORDINANCE
to provide for compulsory service in the Azad Kashmir Regular Forces

of essential persons and ex-servicemen.
WHEREAS it is expedient to provide for compulsory service in

the Azad Kashmir Regular Forces of essential persons and ex-
servicemen ;
AND WHEREAS the President of the Azad Government of the

State of Jammu and Kashmir is satisfied that immediate legislation is
necessary to meet the emergency ;
Now, THEREFORE, in exercise of the Powers vested in him

under Rule 3 of the Rules made under the Azad Jammu and Kashmir
Government Act, 1964, the President is pleased to make and promulgate
the following Ordinance :-
1. Short title, extent, application and commencement:- (1) This

Ordinance may be called the Compulsory Service (Azad
Kashmir Regular Forces) Ordinance, 1966.

Territory and applies to all essential persons and ex-servicemen
wherever they may be; but does not apply to:
(a) any person who is a member of or employed by, any of the

Armed Forces;
(b) the sole surviving son or daughter, where one or more sons
or daughters of a family have been killed in action or have
died while serving in the Armed Forces ; or
(c) the only son or daughter whose parents are unable to earn
their livelihood, or either of whom is above sixty years.
(3) It shall come into force at once and shall be deemed to have
50 Volume II: 1963-1970
taken effect on the 5th day of September, 1965.
2. Definitions:- In this Ordinance, unless there is anything

repugnant in the subject or context:-
(a) 'Armed Forces' means the Azad Kashmir Regular Forces and
the reserves thereof when formed ;
(b) 'Code' means the Code of Criminal Procedure, 1898 (Act V

of 1898) ;
(c) 'Essential Persons' means a person over the age of 18 years

and under the age of 55 years residing in Azad Jammu and
Kashmir Territory who is not an employee of the Azad
Government of the State of Jammu and Kashmir or of the
Government of Pakistan and who falls into any category of
persons specified in the Schedule and includes such other
person as the Government may, by notification in the official
Gazette, declare to be an essential person for the purposes of
this Ordinance ;
(d) 'Defence Council' means the Defence Council constituted by

the Government;
(e) 'ex-serviceman' means a person not being an essential person

whose service with Azad Kashmir Regular Forces has been
terminated ;
(f) 'Prescribed' means prescribed by rules made under this

Ordinance ;
(g) 'Service Headquarters' means the General Headquarters,

Pakistan in the case of Commissioned Officers and Central
Record Office Azad Kashmir Regular Forces in the case of
junior Commissioned Officers and other ranks.
3. Liability to be called up etc:- (1) Every person to whom this

Ordinance applies shall be liable to be called up for service
under this Ordinance if he is not over the age of sixty years.
(2) Persons so called up shall be liable to serve with any of the.

Armed Forces for so long as their services are required,
4. Call up Notice:- (1) The Services Headquarters shall issue in

writing notices to such essential persons as are to be called up,
Volume II: 1963-1970 51
directing them to report in person to such authority at such time
and place as may be specified in the notice.
(2) The Services Headquarters concerned or such authority as

may be empowered by them, may likewise issue call up notices
to ex-servicemen.
(3) The issue of a notice under this section shall not mean that
the person called up has been accepted for service.
5. Applicability of Service Law:- (1) A person accepted for

service under this Ordinance shall be deemed to have been
commissioned, appointed or enrolled, as the case may be, and
shall, as from the date he is so accepted become subject to the
law of the Azad Kashmir Regular Forces and shall remain so
subject until duly retired, released, discharged, removed or
dismissed from the Service.
(2) Such person shall, during his service in the Armed Forces, be
governed as regards attestation, pay and allowances, leave, and
other terms of service, by the rules as applicable to serving
personnel of equivalent rank, and shall on the termination of his
service, be paid such pension or gratuity as may be prescribed.
6. Obligation to comply with call up notice:- (1) A person to

whom a notice under section 4 has been issued shall report to the
authority at the time and place notified therein.
(2) Where such person is known to be serving in an industrial

undertaking, a copy of such notice shall at the same time be
forwarded to the owner or manager of such undertaking
requiring such owner or manager to release the person concerned
within seven days of the receipt thereof.
7. Grant of Commission:- A person called up for service under

this Ordinance may be granted commission in the Azad Kashmir
Regular Forces subject to such condition as may be prescribed.
8. Procedure for seeking exemption:- (1) If a person, to whom a

notice under sub-section (1) of section 4 has been issued, seeks
exemption from a service under this Ordinance, he shall, within
seven days of the receipt of the notice, submit a written
representation to the Services Headquarters which shall
reconsider the case and pass such orders it may deem fit.
52 Volume II: 1963-1970
(2) An ex-serviceman, desirous of seeking exemption from
service under this Ordinance may make a representation to the
Service Headquarters concerned, whose decision shall be final.
9. Reinstatement of persons released under the Orders of the

Services Headquarters:- (1) Subject to the other provisions of
this section, every employer by whom a person was released for
service under this Ordinance in pursuance of a notice served
under section 5, shall, on the termination of such service,
reinstate such person in the employment from which he was
released, and if such reinstatement is less favourable to such
person than that to which he would, in the ordinary course, have
been entitled give him such employment as is not so less
favourable :
Provided that the employer shall not be required to so

reinstate or employ any person if such person does not apply or
report to him for the purpose within three months, of his release
from service under this Ordinance.
(2) Where, for any reason, reinstatement or employment under

subsection (1) is not practicable, the employer shall, within
seven days from the, date on which the person to be reinstated or
employed applies or reports himself for reinstatement or
employment, make an application to Defence Council for
exemption from the provisions of sub-section (1) and send a
copy thereof to such person.
(3) Upon an application from the employer under sub-section (2)

the Defence Council shall, after such enquiry and hearing as it
considers necessary, make an order:
(a) exempting the employer from the provisions of sub-section

(1) in which case the employer shall be required to pay to
such person a compensation of a sum not less than six
months' remuneration calculated at the rate he was entitled to
when he was released by the employer ; or
(b) requiring the employer to reinstate or give employment to

such person in terms of sub-section (1), or on such terms and
conditions as it may specify in the order.
(4) If any employer contravenes the provisions of sub-section

(1), or fails or neglects to carry out the order of the Defence
Council under sub-section (3), he shall, without prejudice to any
Volume II: 1963-1970 53
penalty to which he may be liable under section 10, be also
liable, if the Court converting him so directs to pay as
compensation such sum not exceeding six months' remuneration
of the person concerned in addition to the compensation as
provided under clause (a) of sub-section (3).
(5) Any sum which the employer is required to pay under any
order of the Defence Council under sub-section (3) or an order of
the Court under subsection (4) shall be recoverable as if it were a
fine imposed by a Court.
10. Penalty and procedure:- (1) Any person who commits any of
the following offences, that is to say:
(a) fails to deliver, or causes delay in, or obstructs delivery of,

or refuses to receive, a notice issued under this Ordinance ;
(b) fails to report as directed in a notice issued under section 4 ;
(c) persuades a person called up under this Ordinance to evade

such service or abets him in any manner prejudicial to any of
the provisions of this Ordinance ;
(d) make a false statement with a view to avoiding service under

this Ordinance or abets another person in avoiding service ;
(e) with intent to render himself or any other person unfit for
service under this Ordinance, voluntarily causes hurt or
disease to himself or that person ; or
(f) contravenes the provisions of section 9 or fails or neglects to

carry out orders of the Defence Council, shall, on conviction
by a court, be punishable with rigorous imprisonment for a
term which may extend to seven years, or with fine which
may extend to ten thousand rupees, or with both.
(2) No Court inferior to that of a Magistrate of the first class

invested with powers under section 30 of the Code of Criminal
Procedure, 1898 (Act V of 1898), shall try an offence under this
Ordinance,
11. Indemnity:- Except as provided in this Ordinance, no order

made, direction issued, or proceedings taken under this
Ordinance, shall be called in question in any Court, and no suit,
prosecution or other legal proceedings shall lie against any
54 Volume II: 1963-1970
person for anything in good faith done or intended to be done
under this Ordinance.
12. Power to make Rules:- (1) The Government may, by

notification in the official Gazette, make rules for carrying out
the purposes of this Ordinance.
(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for:
(a) the form, procedure and mode of issue of call up notices ;
(b) the travelling and other allowances payable to persons called

up for service under this Ordinance up to the date of their
acceptance for such service;
(c) the standards and conduct of tests and medical examination

of persons called up for service under this Ordinance to
determine their suitability for such service and the grant of
rank thereupon ;
(d) the gratuity or compensation to be paid on the termination of

their service to persons accepted for service under this
Ordinance or to the dependents of such persons; and
(e) any other matter which under this Ordinance is to be or may

be prescribed.
SCHEDULE OF ESSENTIAL PERSONS
1. Engineer (Civil).
2. Engineer (Electrical).
3. Engineer (Mechanical).
4. Engineer (Aeronautical).
5. Engineer (Wireless).
6. Engineer (Sound).
7. Engineer (Marine).
8. Chemist.
9. Metallurgist.
10. Geologist.
11. Mineralogist.
12. Meteorologist.
13. Workshop Foreman.
14. Surgeon.
15. Physician.
Volume II: 1963-1970 55
16. Radiologist.
17. Pathologist.
18. Bacteriologist.
19. Dentist.
20. Public Health Officer.
21. Nurse.
22. Veterinary Surgeon.
_____________
56 Volume II: 1963-1970

(Act I of 1967)
(Passed under Government Order No. 384-424|Council|67, dated

Muzaffarabad the February 11, 1967)
WHEREAS it is necessary further to amend the Azad Jammu

and Kashmir Basic Democracies Act, 1960 (Act X of 1960), for the
purposes hereinafter appearing;
Azad Jammu and Kashmir Basic Democracies (Amendment)
Act; 1967.
2. Amendment of section 4-A, Act X of 1960:- In the Azad

Jammu and Kashmir Basic Democracies Act, 1960 (Act X of
1960), hereinafter referred to as the said Act, for section 4-A the
following shall be substituted, namely :
"4-A. Notwithstanding anything contained to the contrary in the

Punjab Municipal Act, 1911, as in force in the Azad Jammu
and Kashmir territory or any other law for the time being in
force, the Town Committee for the towns of Muzaffarabad
and New Mirpur Town shall be treated as Municipal
Committees and shall be constituted on the following lines:
(i) the existing wards of the Muzaffarabad Municipal

Committee shall continue to be wards under this Act;
(ii) the elected members from each ward or the

Muzaffarabad Municipal Committee shall be the elected
members of the said Municipal Committee ;
(iii) the Election Commissioner shall declare, by notification,

the limits of the New Mirpur Town and shall also fix,
with the approval of the Government, the number of
elected members of the New Mirpur Town Municipal
Committee;
Volume II: 1963-1970 57
(iv) the Collector of each District shall be the ex-officio

Chairman of each Municipal Committee and each
District Council;
(v) the Vice-President of each Municipal Committee snail

be an ex-officio member of the District Council. "
3. Amendment of Second Schedule Act X of 1960:- In the said

Act, in the second Schedule, in Part I, in Paragraph 1, for the full
stop at the end a colon shall be substituted and thereafter the
following further proviso shall be added, namely:
"Provided further that the restriction of continuous residence

for not less than six months within a Town or a Union shall not
apply to persons who are dislocated or are liable to be dislocated
due to the construction of Mangla Dam in the Mirpur District
and such persons shall, if otherwise qualified, be entitled to get
themselves enrolled as electors in any union or town in any
district of the Azad Jammu and Kashmir Territory and they shall
be enrolled as such".
________________
58 Volume II: 1963-1970
THE AZAD KASHMIR ADAPTATION OF LAWS

(Act II of 1967)
(No. 425-465\Council 67, dated 11th February, 1967)
WHEREAS it is necessary to amend the Azad Kashmir

Adaptation of Laws Act, 1959, for the purpose hereinafter appearing;
Azad Kashmir Adaptation of Laws (Amendment) Act, 1967.
2. Amendment of section 3 of the Azad Kashmir Adaptation of

Laws Act, 1959, Act I of 1959:- In the Azad Kashmir
Adaptation of Laws Act, 1959 (Act I of 1959), in section 3, for
clause (iv) the following shall be substituted, namely :—
" (iv) (a) References to 'Regional Transport Authority' or

'Provincial Transport Authority' in the Motor Vehicles
Act, 1939, shall be construed as references to 'Azad
Kashmir Provincial Transport Authority' constituted by
the Government.
(b) The Azad Kashmir Provincial Transport Authority

constituted under sub-clause (a) shall consist of a
Chairman and such number of other members not
exceeding three of whom at least one shall be a non-
official as the Government may think fit to appoint; and
the Chairman and the members of the Authority shall
hold office during the pleasure of the Government:
Provided that no person who has any financial

interest, whether as proprietor, employee or otherwise in
any transport undertaking, shall be appointed as or
continue as a member of the Provincial Transport
Authority, and, if any such person being a member of the
Authority, acquires a financial interest in any transport
undertaking, he shall, within four weeks of so doing,
give notice in writing to the Government of the
acquisition of such interest and shall vacate office.".
Volume II: 1963-1970 59
THE CO-OPERATIVE SOCIETIES (APPLICATION TO AZAD

JAMMU AND KASHMIR) ACT, 1967
(Act III of 1967)
(Passed under Government Order No. 659-90\Council 67,

dated 30th August, 1967)
WHEREAS it is expedient further to facilitate the formation and

working of co-operative societies for the promotion of thrift, self-help
and mutual aid among agriculturists and other persons with common
economic needs so as to bring about better living and better methods of
production and for that purpose to consolidate and amend the law
relating to co-operative societies in the Azad Jammu and Kashmir
Territory and to apply the Co-operative Societies Act, 1925 (Act VII of
1925) as in force in West Pakistan, to the Azad Jammu and Kashmir
Territory ;
1. Short title, extent and commencement:- (1) This Act may be

called the Co-operative Societies (Application to Azad Jammu
and Kashmir) Act, 1967.

Territory.
2. Definition:- In this Act, unless there is anything repugnant in the

subject or context the expression 'Government' means the Azad
Government of the State of Jammu and Kashmir.
3. Application of the Act:- The Co-operative Societies Act, 1925

(Act VII of 1925) hereinafter referred to as the said Act, shall
apply to the Azad Jammu and Kashmir Territory as it applies to
West Pakistan subject to the following modifications, namely:
(1) for the words 'Provincial Government' wherever occurring

the word "Government" shall be substituted ;
(2) for the expressions 'Province' and 'Province of West Pakistan'

wherever occurring the expression 'Azad Jammu and Kashmir
Territory' shall be substituted ;
60 Volume II: 1963-1970
(3) Section 69 of the said Act shall be deleted.
4. Repeals and savings:- (1) The Co-operative Societies Act, 1912

as in force in the Azad Jammu and Kashmir is hereby repealed.
(2) Every society now existing which has been registered under
the Cooperative Societies Act, 1912 or under any other law
relating to co-operative societies in Azad Jammu and Kashmir,
shall be deemed to be registered under this Act and its bye-laws
shall, so far as the same are not inconsistent with the provisions
of this Act, continue in force unless altered, amended or
rescinded.
5. Application of the Rules:- The Rules made under the Co-

operative Societies Act, 1925 (Act VII of 1925), as they are in
force in the West Pakistan, shall, so far as applicable and with
necessary adaptations, apply to the Azad Jammu and Kashmir
Territory until altered, amended or repealed under the said Act as
in force in the Azad Jammu and Kashmir Territory.
6. Removal of difficulties:- Where any difficulty arises in giving

effect to the provisions of this Act the Government may make
such orders or give such directions as may be deemed necessary
in this behalf.
______________
Volume II: 1963-1970 61
PAYMENT OF WAGES (APPLICATION TO AZAD JAMMU

AND KASHMIR) ACT, 1967
(Act IV of 1967)
(Passed under Government Order No. 691-791\Council\67,

dated 30th August, 1967)
WHEREAS it is expedient to regulate the payment of wages to

certain classes of persons employed in industry and to apply the Payment
of Wages Act, 1936 (IV of 1936), to the Azad Jammu and Kashmir
Territory;
1. Short title, extent and commencement:- (1) This Act may be

called the Payment of Wages (Application to Azad Jammu and
Kashmir) Act, 1967.

Territory.
2. Application of the Act:- The Payment of Wages Act, 1936 (IV

of 1936), shall apply to the Azad Jammu and Kashmir Territory
as it applies to Pakistan, subject to the following modifications,
namely:-
(1) for the words 'Provincial Government' wherever occurring,

the word 'Government' shall be substituted in all places ;
(2) in section 1,—
(a) after sub-section (2) the following shall be substituted,

namely:-
" (2) It extends to the whole of Azad Jammu and

Kashmir Territory " ;
(b) for sub-section (3) the following shall be substituted,

namely:-
" (3) It shall come into force at once. " ;

62 Volume II: 1963-1970
(c) for sub-section (4), the following shall be substituted,

namely:-
" (4) It applies in the first instance to the payment of

wages to persons employed in any factory " ;
(d) in sub-section (5), after the word 'establishments' at the

end, the following shall be inserted, namely :-
"and to any class of persons employed by forest lessees

or by any other class of contractors or sub-
contractors " ;
(3) in section 2:-
(a) after clause (i), the following new clause (ia) shall be
inserted, namely:-
"(ia) 'Government' means the Government of the Azad

Jammu, and Kashmir Territory ; " ;
(b) Clause (v) shall be omitted;
(4) in section 3, in the proviso, clause (c) shall be omitted;
(a) in sub-section (1), the word and comma 'railway,'

occurring twice shall be omitted;
(b) sub-section (3) shall be omitted;
(6) in section 7:-
(a) in sub-section (1), for the words, brackets, figures and

commas 'Notwithstanding the provisions of sub-section
(2) of section 47 of the Railways Act, 1890, the' the
word 'The' shall be substituted;
(b) in sub-section (2),—
(i) in clause (i), the words, commas and figures 'any

provident fund to which the Provident Funds Act,
1925, applies or' shall be omitted;
Volume II: 1963-1970 63
(ii) in clause (j), after the words 'Pakistan Post Office'

the words 'or the Azad Jammu and Kashmir Post
Office' shall be inserted;
(iii) in clause (k), after the words and comma

'Government of Pakistan,' the words 'Government of
the Azad Jammu and Kashmir' shall be inserted:
(7) in section 8, in sub-section (2), the words, brackets and

comma 'or in the case of persons employed upon a railway
otherwise than in a factory, at the prescribed place or places'
shall be omitted.
3. Application of the Rules:- The Rules made under the Payment

of Wages Act, 1936 (IV of 1936), as are in force in Pakistan
shall, so far as applicable and with necessary adaptations, apply
to the Azad Jammu and Kashmir Territory until altered,
amended, or repealed under the said Act as applied to that
Territory.
____________
64 Volume II: 1963-1970
THE AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN

(EXTENSION OF FUNCTIONS TO AZAD KASHMIR) ACT, 1967
(Act V of 1967)
(Passed under Government Order No. Council\792-839\67,

WHEREAS it is necessary to extend the scope of functions of

the Agricultural Development Bank of Pakistan to the territories of Azad
Kashmir, it is hereby enacted as follows:-
1. (i) This Act may be called the Agricultural Development Bank

of Pakistan (Extension of functions to Azad Kashmir) Act,
1967.
(ii) It shall extend to the whole of the Azad Jammu and Kashmir
Territory.
2. The scope and functions of the Agricultural Development Bank

of Pakistan herein referred, as the said Bank, established under
the Agricultural Development Bank of Pakistan Ordinance,
1961, and the rules and regulations made thereunder and the
administrative orders issued under either of them shall extend
mutatis mutandis to the whole of the Azad Jammu and Kashmir
Territory and the said Bank shall function in the said Territory as
it functions in Pakistan.
3. The provisions of the Agricultural Development Bank of

Pakistan Ordinance, 1961 as it is or as it may be amended from
time to time and rules and regulations thereunder and the
administrative orders issued under either of them shall extend
and apply to the Azad Jammu and Kashmir Territory as they
apply or may apply to Pakistan.
4. Notwithstanding anything contained in any law for the time

being in force, it shall be lawful for any agriculturist or person
engaged in cottage industries in rural areas to pledge, mortgage,
hypothecate or assign any kind or quantity of movable or
immovable property to the Bank, or otherwise to create a charge
on any such property, in order to secure the repayment of the
loan and the Bank shall, in accordance with the provisions of the
Agricultural Development Bank Ordinance, be competent to deal
Volume II: 1963-1970 65
with and recover its dues from any property so pledged,
mortgaged, hypothecated or assigned :
Provided that no property so pledged, mortgaged,

hypothecated, assigned or otherwise charged shall be sold or
otherwise disposed of except by public auction and then only so
much of it as is sufficient to recover the dues and the Bank shall
not bid at such auction, except in cases where the bid is not
sufficient to pay up the Bank's dues or there are no bidders.
5. Notwithstanding anything contained in any other law for the

time being in force, any charge created on any property to secure
the repayment of the loan of the Bank or to secure the
performance of the stipulations of any bond executed in favour
of the Bank shall be enforceable against such property in the
hands of any person to whom it may have been transferred
including the person who has acquired the property for
consideration and without notice of the charge.
6. All sums due to the said Bank shall be recoverable as arrears of

land revenue within the Azad Jammu and Kashmir Territory,
_______________
66 Volume II: 1963-1970
AZAD JAMMU AND KASHMIR REGISTRATION ACT

(AMENDMENT) ORDINANCE, 1967
(Passed under No. 3156-3200 SL/67, dated 18th November 1967)
AN ORDINANCE
further to amend the Registration Act, 1908.
WHEREAS it is expedient further to amend the Registration Act,

1908 (XVI of 1908) as in force in the Azad Jammu and Kashmir
Territory, for the purposes hereinafter appearing;
Now, THEREFORE, in pursuance of Rule 2 of the Rules made

under the Azad Jammu and Kashmir Government Act 1964, the
President Azad Government of the State of Jammu and Kashmir is
pleased to make and promulgate the following Ordinance :-
1. Short title and commencement:- (1) This Ordinance may be

called the Azad Jammu and Kashmir Registration Act
(Amendment) Ordinance, 1967.
2. Amendment of section 2, Act XVI of 1908:- In the Registration

Act, 1908 (XVI of 1908), hereinafter referred to as the said Act,
in section 2, after clause (2), the following new clause (2a) shall
be inserted, namely :
"(2a) "Co-operative Society'' means a co-operative society

registered under the Co-operative Societies Act, 1912 (II of
1912), or under any other law for the time being in force;
relating to the registration of cooperative societies".
3. Amendment of section 17, Act XVI of 1908:- In the said Act,

in section 17, in sub-section (2), for clause (x), the following
shall be substituted, namely :
"(x) any order granting a loan under the Agriculturists' Loans

Act, 1884 (XII of 1884), the Agricultural Development Bank
Ordinance, 1961 (Ordinance No. IV of 1961), or under any
other law for the time being in force relating to the
advancement of loans for agricultural purposes, or any
Volume II: 1963-1970 67
instrument under which a loan is granted by a cooperative
society for any such purpose, or any instrument made for
securing the repayment of a loan so granted ; or ".
4. Amendment of section 89, Act XVI of 1908:- In the said Act,

in section 89, in sub-section (3), for the words and figures
"Every officer granting a loan under the Agriculturists' Loans
Act; 1884", the following shall be substituted, namely;-
"Every Officer and every co-operative society granting any such

loan as in referred to in clause (x) of sub-section (2) of
section 17".
______________
68 Volume II: 1963-1970

WHERERAS it is necessary to provide for the government and

administration of the territories of Azad Jammu and Kashmir :-
CHAPTER I
Azad Jammu and Kashmir Government Act, 1968.
2. Definitions:- In this Act, unless the context otherwise, requires :
(a) "Chairman" means the Chairman of the State Council;
(b) "Chief Adviser" means the Chief Adviser to the Government

appointed in accordance with the Rules of Business for
Government for the time being in force ;
(c) "existing law" means any law which was in force

immediately before the commencement of this Act;
(d) "Government" means the Azad Government of the State of

Jammu and Kashmir;
(e) "prescribed " means prescribed by rules made under this Act;
(f) "President" means the President of the Azad Government of

the State of Jammu and Kashmir;
(g) "Senior Secretary" means the Senior Secretary to the

Government;
(h) "State Council" means the State Council constituted under

this Act.
Volume II: 1963-1970 69
CHAPTER II
STATE COUNCIL
3. Constitution of the State Council:- There shall be constituted a

State Council which shall consist of:
(a) eight members who shall be elected in the prescribed manner

by the elected members of the Union Councils, Union
Committees and Town Committees constituted under the
Azad Jammu and Kashmir Basic Democracies Act, 1960
(Azad Jammu and Kashmir Act X of 1960);
(b) four members who shall be nominated by the Chief Adviser

from amongst the refugees of the State of Jammu and
Kashmir residing in Pakistan.
4. The term of the State Council:- Unless it is sooner dissolved,

the term of the State Council shall be five years.
5. Qualifications of the members of the State Council:- (1) A

person shall be disqualified for being elected or nominated as,
and for being, a member of State Council:
(a) if he ceases to be a national of the State of Jammu and

Kashmir ;
(b) if he is an undischarged insolvent;
(c) if he has been, on conviction for an offence involving moral

turpitude, sentenced to imprisonment;
(d) if he holds any salaried office, not being the office of the
Chairman or member of the State Council, under any
Government or a statutory body, local authority or local
body within the territories of Azad Jammu and Kashmir,
Pakistan or any other country;
(e) if he is disqualified for being elected as a member of a local

council under the Azad Jammu and Kashmir Basic
Democracies Act, 1960, or any elective body under any law
for the time being in force; or
(f) if he, without reasonable excuse, absents himself from three

consecutive meetings of the Council and is for that reason
removed by the Chairman.
70 Volume II: 1963-1970
(2) A casual vacancy in the office of a member of the State

Council shall be filled for the remainder of the term of such
member by election or nomination, as the case may be, of
another person in his place in the same manner in which such
member was elected or nominated.
6. Legislative functions of the State Council:- (1) Subject to the

provisions or this Act, the State Council may make laws for the
territories of Azad Jammu and Kashmir.
(2) No legislation shall be undertaken by the State Council

except with the previous consent in writing of the Chief Adviser.
(3) No law made by the State Council shall have effect unless the
Chief Adviser by notification so directs, and in giving such a
direction with respect to any law, he may direct that the law
shall, in its application to the whole or any part of the territories
of Azad Jammu and Kashmir, have effect subject to such
exceptions or modifications as may be specified in the direction,
7. Other functions of the State Council:- The State Council may

advise the President in the performance of his functions under
any law for the time being in force, and shall also perform such
other functions as the Chief Adviser may direct.
8. Reserved matters:- The State Council shall not make any law or
perform other functions relating to or affecting:
(a) the provisions of this Act, or the rules made thereunder;
(b) the organization, discipline and control of the armed forces ;

and
(c) the evacuee property.
9. Allowances of the members of the State Council:- The

members of the State Council shall be entitled to receive such
allowances as may be determined by Government with the
concurrence of the Chief Adviser.
10. Secretary of the State Council:- (1) The Senior Secretary shall
be ex-officio Secretary of the State Council.
(2) The Secretary of the State Council shall be assisted by such

Volume II: 1963-1970 71
officers or staff as may be appointed in this behalf.
(3) The Secretary of the State Council shall submit the proposed
agenda for a session of the State Council to the Chairman for his
approval not less than thirty days before the commencement of
that session; and the Chairman may pass such orders thereon as
he may think fit.
(4) Copies of the proceedings of each meeting of the State

Council shall be submitted to the Chairman and to such other
authority as he may direct.
CHAPTER III
THE CHAIRMAN
11. Chairman of the State Council:- As soon as may be after the

constitution of the State Council under section 3, the members of
the State Council shall meet and elect from amongst themselves
the Chairman of the State Council in the prescribed manner.
12. Qualification for the office of Chairman:- A person shall not

be qualified for election as Chairman:
(a) if he is not a national of the State of Jammu and Kashmir ; -
(b) if he is less than thirty years of age ;
(c) if he is not qualified to be an elector under the Azad Jammu

and Kashmir Basic Democracies Act, 1960:
Provided that a person shall not be disqualified for being

elected as the Chairman merely by reason of the fact that his
name is not entered in the electoral rolls prepared under that
Act if he is qualified to be an elector or is a refugee of the
State of Jammu and Kashmir residing in Pakistan;
(d) if he has been convicted of an offence involving moral

turpitude.
13. Chairman to be the ex-officio President:- The Chairman shall

ex-officio be the President of the Azad Government of the State
of Jammu and Kashmir.
14. Term of office of Chairman:- The Chairman shall hold office

for a period of five years from the date on which he enters upon
72 Volume II: 1963-1970
his office:
Provided that, notwithstanding the expiration of his term, the

Chairman shall continue to hold office until his successor enters
upon his office.
15. Interim arrangement regarding Chairman in case of casual

vacancy:- (1) If the office of the Chairman falls vacant during
the term of his office on account of death, resignation or any
other cause, the Chief Adviser shall:
(a) in consultation with the State Council, forthwith nominate a

person from amongst its members qualified to be elected as
Chairman to exercise the functions of the Chairman until the
newly elected Chairman enters upon his office ; and
(b) within eight weeks of the occurrence of such vacancy, make

arrangements for holding the election to the office of the
Chairman in the prescribed manner:
Provided that, before such election is held, a vacancy, if

any, in the State Council shall be filled in the prescribed
manner.
(2) A person elected to fill a casual vacancy in the office of

Chairman shall hold office during the unexpired period of the
term of his predecessor.
16. Acting Chairman:- (1) At any time when the Chairman is

absent or is unable to perform the functions of his once due to
illness or any other cause, the Chief Adviser shall, in
consultation with the State Council, forthwith nominate a
member of the State Council qualified to be elected to act as
Chairman.
(2) The person nominated under sub-section (1) to act as

Chairman shall also act as President.
17. Legislative powers of President:- The President may, with the

concurrence of the Chief Adviser, make laws by means of
Ordinances and such Ordinances may be made:
(a) at any time, on a subject on which the State Council cannot

make any law; and .
Volume II: 1963-1970 73
(b) during the continuance of a state of emergency or when the
State Council is not in session or stands suspended or
dissolved, on any other subject.
18. Relinquishment of office by Chairman:- (1) If not less than

four members of the State Council give fifteen days notice to the
Secretary of the State Council of a resolution for a vote of non-
confidence in the Chairman, the Secretary shall, as soon as may
be, convene a meeting of the Council.
(2) A meeting convened under sub-section (1) shall not be

presided over by the Chairman but by a member of the State
Council elected for the purpose by the members present.
(3) No resolution under sub-section (1) shall be moved in the

State Council except with the previous approval in writing of the
Chief Adviser.
(4) If in a meeting considering a resolution under sub-section (1)

at least nine members subscribed to the resolution, the Chairman
shall forthwith cease to hold office.
(5) The Chairman shall have a right to appear before the State
Council during the consideration of the resolution under sub-
section (1) but shall not vote at the meeting considering such
resolution.
CHAPTER IV
EMERGENCY PROVISION
19. State of emergency:- (1) Where the Chief Adviser is of opinion

that a State of emergency exists in the territories of Azad Jammu
and Kashmir, he may, notwithstanding anything contained in this
Act:
(a) notify the Government that a State of emergency exists ;
(b) suspend or dissolve the State Council and appoint a person

to act as President until the revival or reconstitution of the
State Council after the termination of the State of
emergency; and
(c) if he does not suspend or dissolve the State Council, may

appoint a person to act as President, in which case the
Chairman of the State Council shall cease, to be the ex-
74 Volume II: 1963-1970
officio President.
(2) Where the Chief Adviser is of opinion that the state of

emergency no longer exists, he may notify the Government that
the state of emergency has terminated.
(3) Upon the termination of the state of emergency, the State

Council shall, it was suspended, stand revived and continue until
the unexpired period of its term or, if it was dissolved, be
reconstituted and a Chairman thereof elected in accordance with
the provisions of this Act.
CHAPTER V
MISCELLANEOUS
20. Oath of office:- Every person elected or nominated as a member

of the State Council, a person elected as Chairman and a person
appointed under section 19 to act as President, shall, before he
enters upon his office, make or subscribe to an oath prescribed in
this behalf.
21. Elections under the Act not to be questioned:-

Notwithstanding anything contained in any other law for the
time being in force, the election of a member of the State
Council or of the Chairman shall not be called in question in any
court or before any tribunal or authority by any means
whatsoever.
22. Rules under any law not to have effect without approval:- No
rules made under any law shall, notwithstanding anything
contained in such law, have effect unless they have been
previously approved, with or without modification, by the Chief
Adviser.
23. Power to make rules:- The Chief Adviser may make rules for
carrying out the purpose of this Act.
24. Continuance of existing laws:- Subject to the provisions of this

Act, all existing laws shall, with necessary adaptations, continue
in force until altered, repealed or amended.
25. Repeal:- (1) The Azad Jammu and Kashmir Government Act,
1964, hereinafter referred to as the said Act, together with the
Act amending it and the rules made thereunder, is hereby
repealed.
Volume II: 1963-1970 75
(2) Notwithstanding the repeal under sub-section (1), the State
Council which, immediately before the commencement of this
Act, was functioning as the State Council of Azad Jammu and
Kashmir, and any person who, immediately before such
commencement, was holding office as the Chairman of that
Council under the said Act, shall, until the State Council is
constituted and its Chairman is elected in accordance with the
provisions of this Act, exercise the powers and perform the
functions under this Act respectively of the State Council and its
Chairman.
_______________
76 Volume II: 1963-1970

(Passed under Government Order No. 1401-33/SL/68,

dated Muzaffarabad, the 3rd June, 1968)
AN ORDINANCE
further to amend the Azad Jammu and Kashmir

Basic Democracies Act, 1960
WHEREAS it is expedient further to amend the Azad Jammu

and Kashmir Basic Democracies Act, 1960, for the purposes hereinafter
appearing;
Now, THEREFORE, in exercise of the power conferred by rule 2

of the rules made under the Azad Jammu and Kashmir Government Act,
1964, the President Azad Government of the State of Jammu and
Kashmir is pleased to make and promulgate the following Ordinance :-

called the Azad Jammu and Kashmir Basic Democracies
2. Insertion of new section 4-B, Act X of 1960:- In the Azad

Jammu and Kashmir Basic Democracies Act, 1960 (Act X of
1960), hereinafter referred to as the said Act, after section 4-A,
the following new section 4-B shall be inserted, namely:
"4-B. Declaration of any Town Committee as a Municipal

Committee:-
(1) Notwithstanding anything contained to the contrary in the
Punjab Municipal Act, 1911, as in force in the Azad Jammu
and Kashmir Territory, or any other law or rule for the time
being in force, the Government may, by notification in the
official Gazette, declare any Town Committee, to be a
Municipal Committee.
(2) The Chairman of such a Municipal Committee shall be such

official as may be nominated by the Government in this
behalf. ".
Volume II: 1963-1970 77
3. Insertion of new section 10-A, Act X of 1960:- In the said Act

after section 10, the following new section 10-A, shall be
inserted, namely:-
"10-A. Division, amalgamation and reconstitution of local

councils:-
(1) The Government may, by notification in the official Gazette,

divide a local council into two or more local councils or
amalgamate two or more local councils into one local
council or alter the limits of any local council and may
specify in the notification the consequences which will ensue
upon the publication of such notification.
(2) When, as a result of such division or amalgamation, any new

local council is constituted in accordance with the provisions
of this Act or in the manner specified m the notification, the
existing members of any local council so divided or
amalgamated shall become the members of such local
council or councils as the Government may, by notification
in the official Gazette, specify as if each such member had
been elected or appointed, as the case may be, to that
council.".
4. Insertion of new section 12-A, Act X of 1960:- In the said Act,

after section 12, the following new section 12-A shall be
inserted, namely;-
" 12-A- Power of Government to nominate Chairman of a Town

Committee:- (1) Notwithstanding anything contained to the
contrary in this Act or in any other law for the time being in
force, the Government may, by notification in the official
Gazette, direct that the Chairman of any Town Committee
shall not be elected but be a nominated official and, where
such a direction is issued, such Chairman shall be nominated
by the Government.
(2) Where any person is nominated as a Chairman under sub-

section (1), the elected Chairman of such Committee, if any,
shall cease to hold office as such and shall continue as a
member or a Vice-Chairman of the said Committee as the
Government-may direct.".
______________
78 Volume II: 1963-1970
THE INLAND MECHANICALLY PROPELLED VESSELS

(APPLICATION TO AZAD KASHMIR) ORDINANCE, 1968
(Passed under Government Order No. 1434-63\SL\68,

dated Muzaffarabad, the 3rd June, 1968).
WHEREAS it is expedient to apply the Inland Mechanically

Propelled Vessels Act, 1917 (Act I of 1917) to the Azad Jammu and
Kashmir Territory ;
AND WHEREAS the President Azad Government of the State of

Jammu and Kashmir is satisfied that circumstances exist which render
immediate legislation necessary ;
Now, THEREFORE, in exercise of the powers vested in him

under rule 2 of the rules made under the Azad Jammu and Kashmir
Government Act, 1964; the President is pleased to make and promulgate
the following Ordinance :—
1. Short title, commencement and extent:- (1) This Ordinance

may be called the Inland Mechanically Propelled Vessels
(Application to Azad Jammu and Kashmir) Ordinance, 1968.

Territory.
2. Definition:- In this Ordinance, unless there is anything

repugnant in the subject the expression 'Government' means the
Azad Government of the State of Jammu and Kashmir.
3. Application of the Act:- The Inland Mechanically Propelled

Vessels Act, 1917 (Act I of 1917) hereinafter referred to as the
said Act, shall, as far as practicable, apply to the Azad Jammu
and Kashmir Territory as it applies to Pakistan, subject to the
following modifications, namely :
(1) for the words 'Provincial Government' or 'Government of the

Province in which certificate was granted' wherever occurring,
the word 'Government' shall be substituted in all places ;
Volume II: 1963-1970 79
(2) for the words 'Province' or 'any Province' or 'Provinces and
Capital of the Federation' wherever occurring the words 'Azad
Jammu and Kashmir Territory' shall be substituted;
(3) in section 1:-
for sub-section (2) the following shall be substituted,

namely:—
'(2) It extends to the whole of the Azad Jammu and Kashmir

Territory';
(4) in section 3:-
(a) in clause (a) after the words 'Pakistan National' the words
'or a national of the Jammu and Kashmir State' shall be
inserted;
(b) in clause (b) after the word 'Pakistan' wherever it occurs

the words 'or, Azad Jammu and Kashmir Territory' shall
be inserted ;
in sub-section (2) after the words 'Pakistan Penal Code'

the words 'as in force in the Azad Jammu and Kashmir
Territory' shall be added;
(6) for section 10-A, the following shall be substituted:—
'A certificate of survey shall have effect throughout the

Azad Jammu and Kashmir Territory,'
(7) in section 19-J:-
(a) in sub-section (1) after the words 'Pakistan national' the

words 'or a national of the Jammu and Kashmir State'
shall be inserted;
(b) in sub-section (1) after the words 'business in Pakistan'

the words 'or in the Azad Jammu and Kashmir Territory'
shall be inserted;
(8) in section 19-K:-

80 Volume II: 1963-1970
(a) in sub-section (1) after the words 'Pakistan national' the
words 'or a national of the Jammu and Kashmir State'
shall be inserted ;
(b) in sub-section (1) after-the words 'carrying on business in

Pakistan' the words 'or in the Azad Jammu and Kashmir
Territory' shall be inserted ;
(9) in section 19-B:-
for the words 'Central Government' wherever occurring

the word 'Government' shall be substituted and after the
words 'outside Pakistan or the Azad Jammu and Kashmir
Territory' shall be inserted;
(l0) in section 69:-
for the words 'His Majesty, or the Central Government

or any Provincial Government' the words 'Azad
Government of the State of Jammu and Kashmir or the
Central Government or any Provincial Government of
Pakistan' shall be substituted ;
(11) Sub-section (2) of section 72 shall be deleted:-
(12) section 74 shall be deleted:-
(13) in section 74-A:-
for the words 'Central Government' the word

'Government' shall be substituted and for clauses (1), (2)
and (3) of the said section the following two clauses
shall be substituted :-
'(1) Two nominees of the Government;
(2) A representative of the Steamer Companies

operating in the Azad Jammu and Kashmir
Territory.'.
4. Application of the Rules:- The Rules made under the Inland

Mechanically Propelled Vessels Act, 1917 (Act I of 1917) as in
force in Pakistan shall, so far as applicable with necessary
adaptations, apply to the Azad Jammu and Kashmir Territory
until altered, amended or repealed under the said Act as applied
Volume II: 1963-1970 81
to that Territory.
5. Where any difficulty arises in giving effect to the provisions of

this Ordinance the Government may make such orders or give
such directions as may be deemed necessary in this behalf.,
__________________
82 Volume II: 1963-1970
THE NEW MIRPUR TOWN (ALLOTMENT OF LAND)


dated 11th July, 1968)
AN ORDINANCE
to amend the New Mirpur Town (Allotment of Land), Act, 1964.
WHEREAS it is necessary to amend the New Mirpur Town

(Allotment of Land) Act, 1964;

State of Jammu and Kashmir is satisfied that circumstances exist which
render immediate legislation necessary ;
Now, THEREFORE, in exercise of the powers conferred by rule

2 of the rules made under the Azad Jammu and Kashmir Government
Act, 1964, the President is pleased to make and promulgate the following
Ordinance:-

called, the New Mirpur Town (Allotment of Land) (Amendment)
Ordinance, 1968.
2. Substitution of section 15, Act II of 1964:- In the New Mirpur

Town (Allotment of Land) Act, 1964, for section 15 the
following shall be substituted, namely:
"15. Cognizance of offences:- Notwithstanding anything

contained in the Code of Criminal Procedure, 1898 (Act V of
1898), as in force in the Territory of Azad Jammu and
Kashmir, an offence under this Act shall be cognizable and
non-bailable. ".
______________
Volume II: 1963-1970 83
THE AZAD KASHMIR LOGGING AND SAW-MILL

CORPORATION ORDINANCE, 1968

dated Muzaffarabad, the 27th July, 1968).
WHEREAS it is expedient to provide for the establishment of a

Corporation to implement the Logging and Saw-Mill Complex Scheme
in the Azad Jammu and Kashmir Territory;

State of Jammu and Kashmir is satisfied that circumstances exist which
render immediate legislation necessary ;
Now THEREFORE, in exercise of the powers conferred by rule

2 of the rules made under the Azad Jammu and Kashmir Government
Act 1964, the President with the concurrence of the Chief Adviser, is
pleased to make and promulgate the following Ordinance:-

called the Azad Kashmir Logging and Saw-Mill Corporation
Ordinance, 1968.

repugnant in the subject or context:
(i) 'Board' means the Board of Directors of the Corporation ;
(ii) 'Chairman ' means the Chairman of the Corporation ;
(iii) 'Chief Adviser' means the Chief Adviser to the Government;
(iv) 'Contract' means the contract signed by the Government of

Pakistan with 'Metalexport', Warsaw, and includes all
amendments to that Contract;
(v) 'Corporation' means the Azad Kashmir Logging and Saw-

Mill Corporation established under section 3 ;
(vi) 'Director' means a Director of the Corporation;

84 Volume II: 1963-1970
(vii) 'Government' means the Azad Government of the State of
Jammu and Kashmir;
(viii) 'Prescribed' means prescribed by rules or regulations;
(ix) 'regulations' means regulations framed under this Ordinance;
(x) 'Rules' means rules under this Ordinance ;
(xi) 'Scheme' means the scheme for the Azad Kashmir Logging
and Saw-Mill Project as approved by the Government.
3. Establishment and incorporation:- (1) As soon as may be after

the commencement of this Ordinance, the Government shall
establish a Corporation to be called the Azad Kashmir Logging
and Saw-Mill Corporation for carrying out the purposes of this
Ordinance.
(2) The Corporation shall be a body corporate having perpetual

succession and a common seal with powers, among others, to
acquire, hold and dispose of property; and shall by its name sue
and be sued.
(3) The Head Office of the Corporation shall be at Muzaffarabad

but the Government may, by notification in the official Gazette,
transfer it to some other place as may be specified in such
notification.
(4) The Corporation may establish offices at such other places as

the Board may decide.
4. Corporation Fund:- (1) There shall be a fund to be known as

the 'Corporation Fund' vested in the Corporation which shall
comprise, in the first instance, of an amount of Rs. 40 lakhs and
which shall be utilized by the Corporation to meet expenses in
connection with the performance of its functions under this
Ordinance.
(2) The Corporation Fund shall consist of:-
(a) grants and loans made by the Government and any other
authority within or outside the territory of Azad Jammu and
Kashmir ; and
(b) all other sums received by the Corporation.

Volume II: 1963-1970 85
5. Management:- (1) The general direction and administration of
the Corporation and its affairs shall vest in the Board which may
exercise all powers and do all acts and things which may be
exercised or done by the Corporation in accordance with the
provisions of this Ordinance.
(2) The Board in discharging its functions shall act on

commercial considerations and shall be guided by such
directions as the Chief Adviser may give it from time to time.
6. Appointment of Chairman and Directors:- (1) The Board

shall consist of the following Directors, namely :
(a) The Chief Adviser,
(b) two persons nominated by the Chief Adviser;
(c) the Senior Secretary to the Government;
(d) the Secretary to the Government in the Finance Department;

and
(e) C.C.F.
(2) The Chief Adviser shall be the Chairman of the Board.
(3) A person nominated by the Chief Adviser shall be the

Secretary to the Board.
(4) Each Director shall perform such duties as may be assigned

to him, by regulations and, until such regulations are framed, as
may be assigned by the Chairman.
(5) One of the Directors shall be nominated by the Chairman to

be the Financial Director who shall exercise such powers and
discharge such duties as may be prescribed.
7. Officers and servants of the Corporation:- (1) The Board may,

from time to time, appoint for the Corporation, subject to the
Scheme and the contract, such officers, advisers, experts,
consultants or other employees as it may consider necessary for
the performance of its functions.
(2) The Board shall prescribe the procedure for appointment, and
terms and conditions of service of the officers and servants of the
86 Volume II: 1963-1970
Corporation and shall be competent to take disciplinary action
against such officers and servants.
8. Meetings of the Board:- (1) The Board shall meet at such time
and place and in such manner as the Chairman may determine in
this behalf.
(2) The Chairman, or, in his absence, a Director authorised by

him, and two other Directors shall constitute the quorum for a
meeting of the board.
9. Functions of the Corporation:- (1) The Corporation shall

undertake the implementation of the Scheme and any other
schemes incidental thereto and exercise technical supervision
and administrative and financial control over the execution
thereof.
(2) The Corporation shall take such steps as may be necessary

for the installation and operation of Logging and Saw-Mill
Complex as mentioned in the Contract.
(3) Without prejudge, to the generality of the power, conferred

by subsections (1) and (2), the Corporation may, for carrying out
the purposes of this Ordinance:
(a) undertake any work, incur any expenditure, procure plant,

machinery and materials required for its use and enter into
and perform all such contracts as it may consider necessary
or expedient;
(b) acquire by purchase, lease or otherwise any land or interest

in land;
(c) seek and obtain advice and assistance in the preparation or

execution of a scheme from any agency of the Government
or otherwise and such agency shall give the advice and
assistance sought, by the Corporation to the best of its
ability, knowledge and judgment:
Provided that the Corporation shall pay the cost of such

advice and assistance if the giving of such advice and
assistance, entails additional expenditure to the said agency.
(4) The acquisition of any land or interest in land for the

Corporation under this section, or for any scheme under tins
Volume II: 1963-1970 87
Ordinance, shall be deemed to be a scheme for a public purpose
within the meaning of the Land Acquisition Act, 1894, as in
force in the territories of Azad Jammu and Kashmir and the
provisions of the said Act shall apply to all proceedings relating
to such acquisitions.
10. Maintenance of accounts:- In such month as may be prescribed

each year, the Corporation shall submit to the Chief Adviser for
approval a statement of the estimated receipts and expenditure in
respect of the next financial year.
11. Submission of yearly reports and returns:- (1) The

Corporation shall submit to the Chief Adviser as soon as possible
after the end of every financial year but before the last day of
June next following, a report on the conduct of its affairs for that
year.
(2) The Corporation, shall furnish the Chief adviser, as and when
he so requires, with:
(i) any return, statement, estimate, statistics or other

information regarding any matter under the control of the
Corporation; or
(ii) a report on any such matter; or
(iii) a copy of any document in the charge of the Corporation.
12. Audit:- (1) The accounts of the Corporation shall be best audited
every year by the Auditor-General who shall send not less than
three copies of the audit report to the Corporation.
(2) Upon the receipt of the copies of the audit report, the
Corporation shall forward, with such observations as it may
think fit to make, one copy to the Government and one copy to
the Chief Adviser.
(3) The Corporation shall carry out any directive issued by the
Government or the Chief Advisor for rectification of an audit
objection.
13. Immunity of the Corporation and its employees:- (1) The

Chairman, Directors, officers and servants of the Corporation
shall, when acting or purporting to act in pursuance of any of the
provisions of this Ordinance, be deemed to be public servants
88 Volume II: 1963-1970
within the meaning of section 21 of the Pakistan Penal Code as
in force in the territories of Azad Jammu and Kashmir.
(2) No suit, prosecution or other legal proceeding shall lie

against the Corporation, the Chairman, Directors, officers and
servants of the Corporation in respect of anything which is, in
good faith done or intended to be done under this Ordinance.
(3) A Director shall not be personally responsible for the acts of

any other Director or of any officer, adviser or employee of the
Corporation for any loss or expenses resulting to the Corporation
by reason of the insufficiency or deficiency in value of or title to
any property or security acquired or taken on behalf of the
Corporation, or by the wrongful act of any person under a
liability to the Corporation or by anything done by him in good
faith in the execution of the duties of his office.
14. Delegation of Powers to officers and servants:- The Board

may, by general or special order, delegate to any of the officers
or servants of the Corporation, subject to such conditions as it
may think fit to impose, any of its powers, duties or functions
under this Ordinance.
15. Corporation to be deemed to be a local authority:- The

Corporation shall be deemed to be a local authority within the
meaning of the Local Authorities Loans, Act, 1914, as in force in
the territories of Azad Jammu and Kashmir, for the purpose of
borrowing money under the said Act and the making or
execution of any scheme under this Ordinance shall be deemed
to be a work which it is legally authorised to carry out.
16. Liability of Government:- The liability of the Government to

the creditors of the Corporation shall be limited to the extent of
grants made by the Government and the loans raised by the
Corporation with the sanction of the Government,
17. Rules and regulations:- The Corporation may, with the

approval of the Chief Adviser, make such rules and regulations
as it may consider necessary for carrying out the purposes of this
Ordinance.
___________
Volume II: 1963-1970 89

(Act I of 1969)

dated the Muzaffarabad, 6th October 1969).

Kashmir Government Act, 1968, for the purposes hereinafter appearing;
Azad Jammu and Kashmir Government (Amendment) Act,
1969,
2. Amendment of section 6:- In the Azad Jammu and Kashmir

Government Act, 1968, hereinafter referred to as the said Act, in
section 6:
(a) in sub-section (2), for the words 'with the previous consent'
the words 'after obtaining the advice' shall be substituted;
and
(b) sub-section (3) shall be omitted.
3. Substitution of section 7:- In the said Act, for section 7 the

following shall be substituted, namely:—
"7. Other Functions of the State Council.—(1) The State

Council may advise the President in the performance of his
functions.
(2) The State Council shall be informed of every case which is

required to be referred to the Public Service Commission but
in which the advice of the Commission has not been
obtained or has not been accepted.".
4. Amendment of section 9:- In the said Act in section 9, the

words 'with the concurrence of the Chief Adviser' shall be
omitted.

90 Volume II: 1963-1970
following shall be substituted, namely :
"15. Interim arrangement regarding Chairman in the case of a

casual vacancy:- Where any casual vacancy occurs in the
office of Chairman on account of death, resignation or any
other cause, the Chief-Adviser shall forthwith nominate a
person to be the Chairman. ".
6. Amendment of section 16:- In the said Act, in section 16, in

sub-section (1), for the words ' member of the State Council
qualified to be elected as Chairman 'the word ' person ' shall be
substituted.

following shall be substituted, namely:-—
CHAPTER III-A
Ministers
18. Appointment of Minister.—(1) The President may, if he

thinks fit, appoint such number of Ministers as he may
consider necessary to assist him in the performance of his
functions under this Act.
(2) A Minister shall hold office during the pleasure of the

President.".
8. Amendment of section 20:- In the said Act, in section 20, after,

the words 'a person elected' the words 'or nominated' shall be
inserted.
9. Omission of section 21:- In the said Act, section 21 shall he

omitted.
10. Amendment of section 22:- In the said Act, in section 22, for
the words and commas 'previously approved, with or without
modification, by the Words 'made after obtaining the advice in
writing of shall be substituted.
11. Insertion of section 22-A:- In the said Act, after section 22

amended as aforesaid the following new section shall be
inserted, namely :—
"22-A. Chief Adviser to be informed of certain cases:- The

President shall inform the Chief Adviser of every case which
Volume II: 1963-1970 91
is required to be referred to the Public Service Commission
but in which the advice of the Commission has not been
obtained or has not been accepted.".
________________
92 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR CODE OF CRIMINAL

PROCEDURES (AMENDMENT) ORDINANCE, 1969

dated the 3rd June, 969)
WHEREAS it is necessary to amend the Code of Criminal

Procedure, 1898 (Act V of 1898), as in force in Azad Jammu and
Kashmir Territory ;
AND WHEREAS the State Council is not in session and the

President is satisfied that immediate legislation is necessary;
Now, THEREFORE, in exercise of the powers conferred by

section 17 of the Azad Jammu and Kashmir Government Act, 1968, the
President of the Azad Government of the State of Jammu and Kashmir
with the concurrence of the Chief Adviser, is pleased to make and
promulgate the following Ordinance :-

called the Azad Jammu and Kashmir Code of Criminal
Procedure (Amendment) Ordinance, 1969.
2. Amendment of section 491, Act V of 1898:- in the Code of

Criminal Procedure, 1898 (Act V of 1898), as in force in the
Azad Jammu and Kashmir Territory, in section 491, for sub-
section (3) the following shall be substituted,
“(3) Nothing in this section applies to persons detained under the

Azad Jammu and Kashmir Civil Defence Rules, 1962. or
under any other law relating to preventive detention as may,
from tune to tune, be specified by the Azad Government of
the State of Jammu and Kashmir.
Explanation:—In this sub-section, the expression 'the Azad

Jammu and Kashmir Civil Defence Rules, 1962' means the
rules made under the Azad Jammu and Kashmir Civil
Defence Act, 1951.".
_______________
Volume II: 1963-1970 93
THE AZAD JAMMU AND KASHMIR CODE OF CRIMINAL

PROCEDURE AMENDMENT (REPEAL) ORDINANCE, 1969

dated the 1st August, 1969)
WHEREAS it is necessary to repeal the Code of Criminal

Procedure (Amendment) Ordinance, 1969 (Ordinance I of 1969) as in
force in Azad Jammu and Kashmir Territory;


President Azad Government of the State of Jammu and Kashmir, with
the concurrence of the Chief Adviser, is pleased to make and promulgate
the following Ordinance :-

called the Azad Jammu and Kashmir Code of Criminal
Procedure Amendment (Repeal) Ordinance, 1969.
2. Repeal of Code of Criminal Procedure (Amendment)

Ordinance, 1969:- The Code of Criminal Procedure
Amendment Ordinance, 1969 (Ordinance I of 1969) is hereby
repealed.
_______________
94 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR REDEMPTION AND

RESTITUTION OF MORTGAGED LANDS ORDINANCE, 1969

dated the 25th August, 1969)
WHEREAS it is expedient to consolidate the law relating to the

redemption and restitution of certain mortgaged of land in the Azad
Jammu and Kashmir Territory in the manner hereinafter appearing;
AND WHEREAS the State Council of Azad Jammu and

Kashmir is not in session and the President of the Azad Government of
the State of Jammu and Kashmir is satisfied that circumstances exist
which render immediate legislation necessary;

President, with the concurrence of the Chief Adviser, is pleased to make
and promulgate the following Ordinance :-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement:- (1) This Ordinance

may be called the Azad Jammu and Kashmir Redemption and
Restitution of Mortgaged Lands Ordinance, 1969.

Territory.
(3) It shall come into force in such areas and from such dates as
the Government may, by notification in the Official Gazette,
direct.
2. Definitions:- In this Ordinance, unless the context otherwise

requires, the following expressions shall have the meaning
hereby respectively assigned to them, that is to say:
(a) 'Collector' means the Collector of the District in which the

mortgaged land or any part thereof is situated, and shall
include any Revenue Officer specially empowered by the
Financial Commissioner to perform the duties of a Collector
for the purposes of this ordinance ;
Volume II: 1963-1970 95
(b) 'Commissioner' means the Commissioner of Azad Jammu
and Kashmir, and shall include any officer specially
empowered by the Financial Commissioner to perform the
duties of a Commissioner for the purposes of this Ordinance;
(c) 'Financial Commissioner' means any person appointed by the

Government as Financial Commissioner under the Punjab
Land Revenue Act, 1887 (Punjab Act XVII of 1887), as in
force in the Azad Jammu and Kashmir Territory;
(d) 'Government' means the Azad Government of the State of

Jammu and Kashmir;
(e) 'land' means land which is not occupied as the site of any
building in a town or village and is occupied or let for
agricultural purposes or for purposes subservient to
agriculture or for pasture, and includes:
(i) the sites of buildings and other structures on such land;
(ii) a share in the profits of an estate or holding ;
(iii) a right to receive rent;
(iv) any right to water enjoyed by the owner or occupier of

land as such; and
(v) all trees standing on such land;
(f) 'mortgager' or 'mortgagee' includes the assignee and the

representative-in-interest of such mortgagor or mortgagee, as
the case may be ; and
(g) 'prescribed' means prescribed by rules made under this

Ordinance.
CHAPTER II
REDEMPTION OF MORTGAGES
3. Petition for redemption:- After the principal money becomes

due and before a suit for redemption is barred, a mortgagor of
land not exceeding fifty acres in area or of land the principal
money secured by which does not exceed five thousand rupees,
may apply to the Collector for an order directing that the
mortgage be redeemed and that he be put in possession.
96 Volume II: 1963-1970
Explanation I:- The area of any share in the common land of the
village or of a sub-division appertaining thereto and mortgaged
with the land shall not be taken into consideration while
determining the area of the land mortgaged.
Explanation II:- This section shall not apply to usufructuary

mortgaged effected for a specific number of years and intended
to terminate without the repayment of any part of its
consideration.
4. Deposit of amount due under mortgage:- The mortgagor shall

in his application declare what sum is to the best of his
knowledge due under the mortgage and deposit such sum with
the Collector at the time of making the application.
5. Power of Collector to order ejectment:- Where the Collector,

after hearing the mortgagee and holding such inquiry as may be
prescribed, is satisfied that the mortgagor has a right to redeem
and has deposited or is prepared to pay the sum which the
Collector finds due under the mortgage, he shall make an order
directing that the mortgage be redeemed.
6. Directions that the Collector shall make when ordering

ejectment:- (1) Where the Collector makes an order for the
redemption of a mortgage, and the whole of the mortgage
amount found due has been deposited with him, the order shall
direct that such amount be paid to the mortgagee and the excess,
amount, if any, deposited by the mortgagor be refunded to him.
(2) Where the whole of the mortgage amount found due has not
been deposited, the order for the redemption of the mortgage
shall direct:
(a) that a sum which together with the sum already deposited
will equal the mortgage amount found due be deposited with
the Collector by the mortgagor within thirty days or within
such further period as may be specified by the Collector in
this behalf;
(b) that on deposit of such amount together with costs, if any,

the mortgage shall be extinguished and the mortgagee shall
deliver possession of the mortgaged land to the mortgagor,
whose title thereto shall be deemed to have accrued from the
date of such deposit; and
Volume II: 1963-1970 97
(c) that the mortgage amount found due by the Collector and
deposited by the mortgagor together with costs, if any, be
paid to the mortgagee.
(3) If the mortgage amount and the costs, if any, are not
deposited within the period specified in sub-section (2), the
petition shall be dismissed with costs.
7. Saving of suits to establish rights:- Any person aggrieved by an

order of the Collector passed under section 5 or section 6 may
institute a suit to establish his rights in respect of the mortgage ;
but subject to the result of such suit, if any, the order shall be
conclusive;
Provided that notwithstanding the provisions of Article 14 of

Schedule I of the Limitation Act of 1908, a mortgagor may file a
suit for the redemption of his mortgaged land within the un-
expired period of limitation fixed by law for the redemption of
the mortgaged lands.
8. No second petition:- The dismissal of a petition under this

Chapter shall bar any further petition under this chapter by the
same petitioner or his representative-in-interest in respect of the
same mortgage.
9. Cessation of interest:- When the petitioner has deposited with

the Collector the sum declared by the Collector to be due on the
mortgage, and such sum is accepted by the mortgagee, or is
found by the Collector to be the sum actually due, interest on the
mortgage shall cease from the date of the deposit.
CHAPTER III
RESTITUTION OF MORTGAGES
10. Petition for restitution:- The mortgagor of any subsisting

usufructuary mortgage not less than twenty years old, or of any
usufructuary mortgage the period whereof has expired, may
present a petition to the Collector for the restitution of possession
of the mortgaged land.
Explanation:- A mortgage shall be deemed to subsist for the

purposes of this Chapter notwithstanding a decree or order for its
redemption having been passed ; provided that redemption has
not taken place before the presentation of a petition under this
section.
98 Volume II: 1963-1970
11. Petition when to be dismissed:- Where the Collector is satisfied
that a petition is not in respect of a subsisting usufructuary
mortgage not less than twenty years old, or a usufructuary
mortgage the period whereof has expired, he shall dismiss the
petition, recording his reasons for such order.
12. Power of Collector to declare and enforce orders in favour of

mortgagor:- If the Collector finds that the application is in
respect of mortgaged land the possession whereof has remained
with the mortgagee for a period of not less than twenty years, or
is in respect of mortgaged land the term of the mortgage whereof
has expired, he shall, notwithstanding anything contained in any
other enactment for the time being in force or any contract or
decree or order of any Court:
(a) order that the mortgage shall be extinguished without

payment of the mortgage money or any part thereof;
(b) in case of an express contract to the effect that the mortgagee

shall be entitled to compensation for improvements made by
him in the mortgaged land, determine the amount of such
compensation ; and
(c) where the mortgagee is in possession, direct that the

mortgagor be put into possession of the mortgaged land as
against the mortgagee and that title deeds, if any, of such
land in the possession of the mortgagee be restored to the
mortgagor.
13. Effect of order of restitution when compensation is payable:-

If the Collector finds that any sum is due to the mortgagee by
way of compensation under clause (b) of section 12 he shall
require the mortgagor to deposit the amount in such manner as
may be prescribed; and on deposit of the amount he shall declare
the rights of the mortgagee extinguished and require the
mortgagee to deliver possession of the land to the mortgagor
together with all documents of title, relating to the land :
Provided that if a petitioner fails to deposit the amount

within six months, his petition may be dismissed.
14. Appeals:- (1) Save as otherwise provided by this Ordinance, and

appeal shall lie from an original order of the Collector to the
Commissioner.
Volume II: 1963-1970 99
(2) Save as otherwise provided by this Ordinance, an appeal
shall lie to the Financial Commissioner from over order passed
in appeal by the Commissioner, on any one, of the following
grounds, namely :-
(a) the decision being contrary to law or to some usage having

the force of law ;
(b) the decision having tailed to determine some material issue of

law or usage having the force of law;
(c) a substantial error or defect in the procedure provided by this

Ordinance or by any other law for the time being in force,
which possibly have produced an error or defect in the
decision of the case.
15. Revision:- (1) The Financial Commissioner may at any time call
for the record of any case pending before, or disposed of by, any
Revenue Officer, sub-ordinate to him.
(2) A Commissioner may call for the record of any case pending
before, or disposed of by any Revenue Officer under his control.
(3) The Financial Commissioner may in any case called for

under subsection (1) and a Commissioner may in any case called
for under sub-section (2) pass such order as he thinks fit:
Provided that no order shall be passed under this section

reversing or modifying any proceedings or order of a subordinate
Revenue Officer and affecting any question of right between
private persons without giving those persons an opportunity of
being heard.
16. Limitation for appeals:- (1) The period of limitation for an

appeal under section 14 shall run from the date of the order
appealed against, and shall be:
(i) sixty days, when the appeal lies to the Commissioner ;
(ii) ninety days, when the appeal lies to the Financial

Commissioner.
(2) In computing the period of limitation for an appeal under this

section, the period requisite for obtaining copies of the order
appealed against shall be excluded.
100 Volume II: 1963-1970
(3) The provisions of section 5 of the Limitation Act, 1908 (Act
IX of 1908), as in force in the Azad Jammu and Kashmir
Territory, shall apply to appeals under this Chapter.
17. Jurisdiction of Civil Court barred:- No Civil Court shall have

jurisdiction to entertain any claim or enforce any right under a
mortgage declared extinguished under this Chapter or to question
the validity of any proceedings under this Chapter.
CHAPTER IV
SUPPLEMENTAL
18. Collector's powers to deliver possession:- (1) On redemption

or extinguishment of a mortgage under this Ordinance, the
Collector shall eject the mortgagee and deliver possession of the
mortgaged land to the mortgagor.
(2) In case of resistance, the Collector may exercise all the

powers conferred on a Civil Court by rules 97 and 98 of Order
XXI of the Code of Civil Procedure, 1908 (Act V of 1908), as in
force in the Azad Jammu and Kashmir Territory.
19. Collector to have certain powers of Civil Courts:- For the

purpose or any proceeding under this Ordinance, the Collector
shall have the same powers as are vested by the Code of Civil
Procedure, 1908 (Act V of, 1908), as in force in the Azad Jammu
and Kashmir Territory, in a Court trying a civil suit and, in
particular, powers in respect of:
(a) discovery and inspection;
(b) enforcing the attendance of witnesses and requiring the

deposit of their expenses ;
(c) compelling the production of documents ;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) receiving evidence taken on affidavit;
(g) issuing commissions for the examination of witnesses ; and

Volume II: 1963-1970 101
(h) summoning and examining suo moto any person whose
evidence appears to be material.
20. Application of Civil Procedure in certain matters:- (1) Save

as otherwise expressly provided in this Ordinance, the provisions
of the Code of Civil Procedure, 1908 (Act V of 1908), as in force
in the Azad Jammu and Kashmir Territory, relating to recognised
agents and pleaders, issue and service of summons, verification
of plaints, costs and appearance of parties and consequences of
non-appearance, shall apply to all proceedings under this
Ordinance.
(2) Notwithstanding anything contained in sub-section (1), the

Collector may direct that a summons or proclamation may be
sent by registered post and on proof of the fact that a summons
or proclamation has been forwarded in a letter properly
addressed and duly posted and registered, he may presume that
the summons or proclamation was served at the time when letter
would be delivered in the ordinary course of post.
21. Return of deposit:- If the Collector dismisses a petition under

this Ordinance, he shall order that the sum deposited by the
petitioner be returned to him.
22. Deposit not to be attached:- No sum deposited with the

Collector by a petitioner under the provisions of this Ordinance
shall be attached by any Court or Revenue Officer.
23. Power to make rules:- (1) The Financial Commissioner may

make rules for the purpose of giving effect to the provisions of
this Ordinance.
(2) In particular and without prejudice to the generality of the

foregoing power, the Financial Commissioner may make rules
regulating or determining the following matters, namely ;—
(a) the presentation of petition ;
(b) the procedure before the Collector ;
(c) the manner in which the Collector shall assess

compensation;
(d) the principles on which the Collector shall assess the amount
due under the mortgage ;
102 Volume II: 1963-1970
(e) the procedure for making deposit; and
(f) the procedure for ejecting the mortgagee and delivering

possession of the mortgaged property to the mortgagor.
24. Repeal and savings:- (1) The following enactments are hereby
repealed, namely:
(a) The Redemption of Mortgages Punjab Act, 1913 (Punjab Act

II of 1913), as in force in the Azad Jammu and Kashmir
Territory;
(b) The Azad Kashmir Restitution of Mortgaged Lands Act,

1949.
(2) Notwithstanding the repeal of the enactments mentioned in

sub-section (1), all proceedings commenced, rules framed, orders
made and other acts done under any of the repealed enactments,
shall, if not inconsistent with the provisions of this Ordinance, so
fares maybe, foe deemed to have been respectively commenced,
framed, made and done under this Ordinance.
_______________
Volume II: 1963-1970 103
THE AZAD JAMMU AND KASHMIR ACQUISITION AND

TRANSFERS OF PROPERTY (SPECIAL PROVISIONS)
ORDINANCE, 1969
(Passed under Government Order No. 2396-2440|SL|69,

dated the September 27, 1969)
WHEREAS it is expedient to provide for the submission of

statements relating to acquisitions and transfers of properties and assets
by certain persons and scrutiny of such statements and for matters
ancillary thereto ;

President is satisfied that immediate legislation is necessary ;


may be called the Azad Jammu and Kashmir Acquisitions and
Transfers of Property (Special Provisions) Ordinance, 1969.

Territory.
2. Application:- This Ordinance applies to:
(a) every person who draws his salary from the revenues of the
Azad Government of the State of Jammu and Kashmir and
holds office not inferior to that of a Gazetted Officer ;
(b) every person who is serving in or under the Azad Kashmir

Logging and Saw-mill Corporation established under the
Azad Kashmir Logging and Saw-mill Corporation
Ordinance 1968 (Ordinance IV of 1968), and receives a pay
not less than the minimum of the scale of pay of a Gazetted
Officer; and
(c) every person or class of persons to whom the Government

104 Volume II: 1963-1970
may, by general or special order declare this Ordinance to
apply.

repugnant in the subject or context,
(a) 'appointing authority' means the President;
(b) 'Family', in relation to a person to whom this Ordinance

applies, means his spouse or spouses, separated spouse or
spouses, parents, sons, and married or unmarried daughters ;
(c) 'President' means the President of the Azad Government of

the State of Jammu and Kashmir ;
(d) 'Special Committee', in relation to a person or class of

persons, means a Special Committee set up under section 4
for such person or class ; and
(e) reference to the Penal Code, the Code of Criminal Procedure

and the Code of Civil Procedure shall be construed as
references respectively to the Pakistan Penal Code (Act XIV
of 1860), the Code of Criminal Procedure, 1898 (Act V of
1898), and the Code of Civil Procedure, 1908 (Act V of
1908), is in force in Azad Jammu and Kashmir territory.
4. Special Committee:- (1) For the purpose of inquiring into the

acquisitions and transfers of properties by persons to whom this
Ordinance applies, the Government shall by notification in the
official Gazette, set up one or more Special Committees for such
persons or classes of persons and consisting of such number of
members as may, from time to time, be deemed necessary by the
Government.
(2) The Government shall, before setting up a Special

Committee, consult the Chief Adviser in writing regarding the
persons to be appointed as members of the Special Committee
and the Chief Adviser shall tender advice in writing, and the
Government shall consider such advice.
5. Statement regarding properties:- (1) Every person to whom

this Ordinance applies shall, in the first week of July every year,
submit to the Special Committee, in such manner and form as the
Government may direct, a statement of properties and assets,
both movable and immovable, whether within or outside Azad
Volume II: 1963-1970 105
Jammu and Kashmir which he owns, or has in his possession or
under his control, directly or indirectly, either in his own name
or in the name of any member of his family, and shall also
furnish such information relating to such properties and assets as
the Government or the Special Committee may require.
(2) A person who is required to submit to the Special Committee

a statement of his properties and assets shall also set out in that
statement the particulars including the value of all properties and
assets:
(a) which have been transferred by him by sale, gift or

otherwise, at any time during the last one year, together with
the particulars of the persons in whose favour they have been
so transferred; and
(b) which have been acquired by him, as gift or otherwise, at

any time during the last one-year, from any person, together
with the particulars of the person from whom they have been
acquired, the consideration money, if any, paid therefore and
the source from which such money was obtained.
6. Special provision relating to the submission of statements on

the first occasion under this Ordinance:- (1) Notwithstanding
anything contained in this Ordinance,—
(a) the date for the submission of statements on the first

occasion under this Ordinance shall be the first day of
December, 1969, and the period for which such statements
are to be submitted shall be the period beginning on the first
day of July, 1968, and ending on the 30th day of June, 1969;
(b) on the first occasion of submission of statements under this

Ordinance, the statements shall include information
regarding the amounts spent on the marriages of the children
and wards of the declarent and on the education of the
children and wards in a foreign country.
(2) All other provisions of this Ordinance shall apply to such

statements as if they were statements submitted under section 5.
7. Presumption in certain cases:- If a person is in possession of,

or has control over, any properties and assets which appear to be
disproportionate to his known sources of income and for which
he cannot give satisfactory explanation of the income out of
106 Volume II: 1963-1970
which such properties and assets were acquired, it shall, for the
purpose of this Ordinance, be presumed, unless the contrary is
proved, that he acquired the properties and assets by unlawful or
improper means or by means of bribery, corruption, jobbery,
favouritism, nepotism, wilful maladministration, wilful
misapplication or diversion of public money or by abuse of
official power or position.
8. Action upon the statement of properties, etc:- (1) Upon

receiving a statement under section 5 from a person, the Special
Committee shall, after making such inquiries as it may think fit,
determine the correctness or otherwise of the Statement and also
the legality or propriety of acquisition by such person of any
property or assets.
(2) If the Special Committee is of opinion that a person has

acquired any property or assets by unlawful or improper means
or by means of bribery, corruption, jobbery, favouritism,
nepotism, wilful maladministration, wilful misapplication or
diversion of public money or by abuse of whatever kind of
official power or position, it shall, after giving such person an
opportunity to explain any fact or circumstances appearing
against him, and also giving him an opportunity of being heard
in person, record its finding, and forward it to the appointing
authority.
(3) The appointing authority, if it is satisfied that a person

referred to in subsection (2) has not surrendered the properties
and assets as required by section 15 or the value of properties
and assets transferred by him as required by section 17, may,
after consultation with the Public Service Commission, award to
him any one or more of the following punishments, namely :—
(i) Confiscation of the whole or part of the property;
(ii) Dismissal from public service ;
(iii) Removal from public service ;
(iv) Compulsory retirement;
(v) Reduction in rank ;
(vi) Stoppage "of increments;

Volume II: 1963-1970 107
(vii) Censure.
9. Powers of the Special Committee:- (1) The Special Committee

shall have the powers of a Civil Court trying a suit under the
Code of Civil Procedure in respect of the following matters,
namely :
(a) summoning and enforcing the attendance of any person and

examining him on oath;
(b) requiring the discovery and production of any documents ;
(c) receiving evidence on affidavits ;
(d) issuing commissions for the examination of witnesses or

documents.
(2) The Special Committee may require any person, subject to

any privilege which, he may claim under any law for the time
being in force, to furnish such information as, in the opinion of
the Committee, may be of assistance to it for the purpose of an
inquiry under this Ordinance.
(3) The Special Committee, may, by an order in writing, direct

any police officer to enter any building or: place where it has
reason to believe that any books of accounts or other documents
relating to any matter before it may be found, and may, in the
said order, direct the police officer to seize such books or
documents or to take copies thereof or of any part thereof; and
the provisions of sections 102 and 103 of the Code of Criminal
Procedure shall, so far as may be, apply to the proceedings of
such officer.
(4) The Special Committee shall have all the powers of Criminal
Courts under the Code of Criminal Procedure.
(5) Every proceeding before the special Committee shall be

deemed to be a Judicial proceeding within the meaning of
sections 193 and 228 of the Penal Code.
(6) The Special Committee shall have the powers of a civil court
trying a suit under the Code of Civil Procedure; in respect of
requisitioning any public record or copy thereof from any court
or office.
108 Volume II: 1963-1970
(7) The Special Committee shall have power to order a police
investigation into any matter in respect of any case before it.
(8) The Special Committee may initiate inquiries suo motu or

entertain any complaint regarding the acquisitions of property or
assets by a person to whom this Ordinance applies by any means
referred to in sub-section (2) of section 8 and may recommend
reward to the informant or the complainant, if any, for providing
correct information.
10. Appearance before the Special Committee:- Whenever a

person to whom this Ordinance applies appears before the
Special Committee, he shall appear, personally and by himself
and no friend, adviser or legal practitioner shall be present with
him.
11. Procedure followed by the Special Committee:- The Special

Committee shall, subject to any rules made under this Ordinance,
regulate its own procedure, including the fixing of places and
times of its sittings and deciding whether to sit in public or in
private, and may act notwithstanding the temporary absence of
any member or the existence of a vacancy among its members.
12. Penalty for failure to submit statement or for submitting

false or incorrect statement:- A person who, being required to
submit to the Special Committee under this Ordinance a
statement of his properties and assets, fails to submit such
statement or knowingly submits a false or incorrect statement
shall be punishable with rigorous imprisonment for a term which
may extend to seven years.
13. Disposal of properties and assets:- (1) Save as otherwise

provided in section 15, a person who sells, transfers or otherwise
disposes of any of the properties and assets in respect of which
he is required to submit a statement under this Ordinance shall
be punishable with rigorous imprisonment for a term which may
extend to seven years and with confiscation of the whole or part
of his properties and assets.
(2) Nothing in this section shall apply to the operation of any

bank account by a person for meeting his bona fide
requirements.
14. Procedure for disposal of properties and assets:- (1)

Notwithstanding anything contained in this Ordinance, a person
Volume II: 1963-1970 109
may, with the permission of, and subject to conditions, if any,
specified by the Government or any officer authorised by it in
this behalf, sell, transfer or otherwise dispose of his properties
referred to in sub-section (1) of section 13.
(2) An application for permission under sub-section (1) shall be

made through the head of department in relation to the applicant.
15. Surrender of properties and assets:- (1) A person who owns,

or has in his possession or under his control, directly or
indirectly, either in his own name or in the name of any other
person, any property and assets which he has reason to believe
have been acquired any means referred to in sub-section (2) of
section 8, shall surrender such properties and assets in favour of
the Government in such manner, to such person and within such
time as the Government may by order specify.
(2) No penal action of any kind whatsoever, except the forfeiture

of such properties and assets, shall be taken against a person who
surrenders all the properties and assets which he is required to
surrender under sub-section (1).
16. Penalty for failure to surrender certain properties and

assets:- A person who owns, or has in his possession or under
his control, any properties and assets which he is required to
surrender under section 15, but fails to so surrender shall be
punishable with rigorous imprisonment for a term which may
extend to fourteen years and with confiscation of the whole or
part of his properties and assets.
17. Penalty for failure to surrender amount equivalent to value

of properties and assets acquired irregularly:- Where
properties and assets which have been transferred within the
period specified in clause (a) of sub-section (2) of section 5, or,
in the case of submission of statements on the first occasion,
within the period specified in sub-section (1) of section 6, were
acquired by any means referred to in sub-section (2) of section 8,
the person transferring them shall, unless he surrenders to the
Government on or before a date to be notified by Government an
amount equivalent to the value of such properties and assets, be
punishable with rigorous imprisonment for a term which may
extend to seven years and with confiscation of the whole or part
of his properties and assets.
18. Penalty for secreting, destroying, obliterating, rendering

110 Volume II: 1963-1970
illegible, or preventing the production for using as evidence,

of any document:- Whoever secrets or destroys any document
which he may be lawfully compelled to produce as evidence
before the Special Committee, or obliterates or renders illegible
the whole or any part of such document with the intention of
preventing the same from being produced or used as evidence
before the Special Committee or after he shall have been
lawfully summoned or required to produce the same for that
purpose, shall be punished with rigorous imprisonment for a
term which may extend to seven years, or with fine, or with both.
19. Bar of Jurisdiction:- (1) No order, proceeding or finding of the

Special Committee shall be called in question by or before any
Court.
(2) No Court or tribunal shall take cognizance of any offence

under section 16 unless the Special Committee has
recommended under this Ordinance punitive action against the
accused.
20. Power to make rules:- The Government may make rules to

carry out the purposes of this Ordinance.
______________
Volume II: 1963-1970 111
THE AZAD JAMMU AND KASHMIR ACQUISITIONS AND

(Ordinance V of 1969)

dated the December 16, 1969)
WHEREAS at is expedient, further to amend the Azad Jammu

and Kashmir Acquisitions and Transfers of Property (Special Provisions)
Ordinance, 1969 ;


President Azad Government of the State of Jammu and Kashmir is

called the Azad Jammu and Kashmir Acquisitions and Transfers
of Property (Special Provisions) (Amendment) Ordinance, 1969.
2. Amendment of section 8 (3) (Ordinance IV of 1969):- The

following shall be substituted for sub-section (3) of section 8 of
the Azad Jammu and Kashmir Acquisitions and Transfers of
Property (Special Provisions) Ordinance, 1969:
" (3) The appointing authority, if it is satisfied that a person

referred to in sub-section (2) has not surrendered the
properties and assets as required by section 15 or the value
of properties and assets transferred by him, as required by
section 17, shall award to him the punishment of
confiscation of the whole or part of the property and may
also award to him any one or more of the following punish-
ments, namely:—
(i) Dismissal from public service ;
(ii) Removal from public service ;

112 Volume II: 1963-1970
(iii) Compulsory retirement;
(iv) Reduction in rank;
(v) Stoppage of increments ;
(vi) Censure.".
______________
Volume II: 1963-1970 113

(Act I of 1970)

WHEREAS the future status of the State of Jammu and Kashmir

is yet to be determined in accordance with the freely expressed will of
the people of the State through the democratic method of free and fair
plebiscite under the auspices of the United Nations as envisaged in the
UNCIP Resolutions adopted from time to time ;
AND WHEREAS a part of the territories of the State of Jammu

and Kashmir already liberated by the people are known for the time
being as Azad Jammu and Kashmir ;
AND WHEREAS it is necessary to provide for the better

Government and administration of Azad Jammu and Kashmir until such
time as the status of Jammu and Kashmir is determined as aforesaid;
It is hereby enacted as follows ;
Azad Jammu and Kashmir Government Act, 1970;

the subject or context:-
(a) "Azad Jammu and Kashmir" means the territories of the

State of Jammu and Kashmir which have been liberated by
the people of that State and are for the time being under the
administration of Government;
(b) "Government" means the Azad Government of the State of

Jammu and Kashmir;
(c) "Prescribed" means prescribed by rules made under this Act.
(d) "State Subject" means a person who is a "State subject" as

denned in the late Government of the State of Jammu and
Kashmir Notification No. I-L/84, dated the 20th April, 1927.
114 Volume II: 1963-1970
3. President:- (1) There shall be a President of Azad Jammu and
Kashmir, hereinafter called the President, who shall be elected
directly on the basis of adult franchise in such manner as may be
prescribed.
(2) The election to the office of the President shall be conducted

under the control and supervision of the Election Commissioner.
(3) The election of the President under sub-section (2) shall not
be called in question in any court or before any tribunal or any
authority.
(4) No person shall be qualified for election as President unless:-
(a) he is a Muslim;
(b) he has attained the age of thirty-five years ; and
(c) his name appears on the electoral roll prepared for the
election of the members of the legislative Assembly.
(5) Subject to the provisions of this Act, the President shall hold
office for a period of four years from the date on which he enters
upon his office and shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his
office.
4. Removal of President:- (1) If one-third of the total number of

members of the Legislative Assembly give a notice in writing to
the Speaker of the Assembly of their intention to move a
resolution of no confidence against the President, the Speaker
shall convene a meeting of the Assembly not later than two
weeks from the date of receipt of the notice.
(2) The President shall have the right to appear before the
Legislative Assembly among the consideration of the resolution
under sub-section (1) and to make a statement if he so desires.
(3) If the resolution under sub-section (1) is passed by the

Legislative Assembly by the votes of not less than two-third of
the total number of members of the Assembly, the President
shall forthwith cease to hold office.
5. Acting President:- At any time when the President is absent or

is unable to perform the functions of his office due to illness or
Volume II: 1963-1970 115
any other cause, the Chief Justice of the High Court of Azad
Jammu and Kashmir shall act as President until the President
resumes his office.
6. Casual vacancy of the office of President:- Where the office of

President falls vacant due to death, resignation or any other
cause, the Chief Justice of the High Court of Azad Jammu and
Kashmir shall:
(a) Perform the functions of the President till such time as a new
President is elected ; and
(b) cause an election to the office of President to be held within

a period of three months from the date on which the office
falls vacant.
7. Adviser:- There shall be an Adviser to the Government who

shall be appointed by the President with the approval of the
Government of Pakistan.
8. Plebiscite Adviser:- The President may, after consultation with

the Adviser, appoint a Plebiscite Adviser to advise Government
in relation to the holding of a plebiscite in the State, of Jammu
and Kashmir in terms of the UNCIP Resolutions.
9. Council of Ministers:- (1) There shall be a President's Council

of Ministers to be known as the Council of Ministers consisting
of three members to be appointed by the President in such
manner as may be prescribed:
Provided that, when a Plebiscite Adviser is appointed, he

shall be an additional member of the Council of Ministers.
(2) If a member of the Legislative Assembly is appointed as a

member of the Council of Ministers, he shall cease to be a
member of the Assembly on the day he assumes office as
Minister.
10. General Powers and duties of the President:- (1) The

superintendence, direction and control of the Government shall
be vested in the President, acting with the aid and advice of his
Council of Ministers.
(2) All orders of the Government shall be expressed to be made

by the President.
116 Volume II: 1963-1970
(3) The President may issue general instructions for the
convenient transaction of business by the Council of Ministers
and the government and every order made or act done in
accordance with such instructions shall be treated as the order or
act of the President,
11. Extent of executive authority:- The executive authority of the

Government shall extend to all matters with respect to which the
Legislative Assembly has power to make laws.
12. Meeting of the Council of Ministers:- (1) The Council of the

Ministers shall meet at such times and at such places as the
President may appoint.
(2) The Council of Ministers may function notwithstanding the,

absence or any vacancy in the office, of any one of its members.
(3) The meetings of the Council of Ministers shall be conducted,

and decisions thereat shall be taken, in such manner as may be
prescribed.
13. Restrictions on the exercise of powers of the President:- (1)

The powers of the President shall be so exercised as not to
impede or prejudice :
(a) the responsibilities of the Government of Pakistan under the

UNCIP Resolutions; and
(b) the responsibilities of Pakistan for the defence and security

of Azad Jammu and Kashmir.
(2) The President shall maintain liaison through the Adviser with
the Government of Pakistan with respect to all matters
mentioned in sub-section (1).
14. Legislative Assembly:- (1) The legislature of Azad Jammu and

Kashmir shall consist of the President and a Legislative
Assembly consisting of twenty-five members of whom :-
(a) twenty-four shall be elected directly, on the basis of adult

franchise; and
(b) one, who shall be a woman, shall be elected, by the directly

elected members.
Volume II: 1963-1970 117
(2) The manner of election of the members of the Legislative
Assembly, their qualifications and disqualifications for being
such members, the number of members required to constitute the
quorum and the manner of filling casual vacancies shall be such
as may be prescribed.
(3) Every Legislative Assembly, unless sooner dissolved, shall

continue for four years from the date appointed for their first
meeting and no longer, and the expiration of the said period of
four years shall operate as a dissolution of the Assembly.
15. Right of Ministers to take part in Assembly proceedings:- A

member of the Council of Ministers shall have the right to speak
in, and otherwise take part in, the proceedings of, the Legislative
Assembly or of any of its committees but shall not be entitled to
vote.
16. Meeting of the Legislative Assembly:- (1) The Legislative

Assembly shall assemble at such times and at such places as the
President may appoint and the President may prorogue a session
of the Assembly.
(2) Any meeting of the Legislative Assembly may be adjourned

by the Speaker of the Assembly or other person presiding
thereat.
17. Dissolution of Legislative Assembly:- (1) If at any time the

President is satisfied that a situation has arisen in which the
administration cannot be carried on in accordance with the
provisions of this Act, he may, after consultation with the
adviser, dissolve the Assembly.
(2) Where the Legislative Assembly is dissolved under sub-

section (1), the President shall cause fresh election to the
Legislative Assembly to be held within a period of four months
from the date of the dissolution.
18. Speaker of the Legislative Assembly:- (1) The members of the

Legislative Assembly shall, at its first meeting or as soon
thereafter as may be, elect from amongst their number of
Speaker of the Assembly.
(2) All proceedings of the Legislative Assembly shall be

conducted in accordance with Rules of Procedure made by the
Assembly and approved by the President.
118 Volume II: 1963-1970
(3) The Speaker of the Legislative Assembly shall preside at its
meetings and, in the absence of the Speaker from any meeting,
such member of the Assembly present as may be determined by
the Rules of Procedure shall preside thereat.
19. Legislative Powers:- (1) Subject to the provisions of sub-section

(3), the Legislative Assembly has power to make laws :
(a) for the territories of Azad Jammu and Kashmir;
(b) for all State Subjects wherever they may be;
(c) for all officers of the Government wherever they may be ;
(d) for repealing or altering any laws which at the

commencement of this Act, are in force in Azad Jammu and
Kashmir.
(2) No tax shall be levied for the purposes of the territories of

Azad Jammu and Kashmir except by or under the authority of an
Act of the Legislative Assembly.
(3) The Legislative Assembly shall not have the power to. make
any law concerning:
(a) the responsibilities of the Government of Pakistan under the

UNCIP Resolution;
(b) the defence, and security of Azad Jammu and Kashmir; or
(c) the current coin or the issue of any bills, notes or other paper
currency.
(4) The provisions this Act, except sections 13, 19 and 28, may
be amended by an Act of the Legislative Assembly :
Provided that a Bill to amend this Act shall not be presented

to the President unless it has been passed by the votes of not less
than two-thirds of the total number of members of the
Legislative Assembly.
20. President's assent to Bills:- (1) When a Bill has been passed by
the Assembly it shall be presented to the President, who shall,
within thirty days:
Volume II: 1963-1970 119
(a) assent to the Bill; or
(b) declare that he withholds assent therefrom; or
(c) return the Bill to the Assembly with a message requesting

that the Bill, or any specified provision thereof, be
reconsidered, and that any amendments specified by him in
the message be considered.
(2) When the President has declared that he withholds assent

from a Bill or has returned a Bill to the Assembly, the Assembly
shall reconsider the Bill, and if it is again passed, with or without
amendment by the Assembly, by the votes of not less than two-
thirds of the number of members present and voting, it shall be
again presented to the President, and the President shall assent
thereto.
21. Budget:- (1) The President shall, in respect of every financial

year, cause to be laid before the Legislative Assembly a
statement of the estimated receipts and expenditure for that year,
to be called the Annual Budget.
(2) The Annual Budget shall be submitted to the Legislative

Assembly in the form of demands for grants and the Assembly
shall have power to assent to, or to refuse to assent to any
demand, or to assent any demand subject to a reduction of the
amount specified therein.
(3) No demand for a grant shall be made except on the

recommendation of the President.
(4) The Annual Budget as passed by the Legislative Assembly

shall be placed before the President who shall, by his signature,
authenticate it.
(5) The President may, if necessary, also cause Supplementary

Budget to be laid before the Legislative Assembly in respect of
any financial year and the provisions of this action shall apply to
a Supplementary Budget as they apply to the Annual Budget.
22. Special Powers of the President Pending Budget:- (1) Where

the Legislative Assembly fails to pass the Annual Budget for any
financial year laid before it under sub-section (1) before the
commencement of that year, with or without any reduction of the
amount specified therein, the President may, by his signature,
120 Volume II: 1963-1970
authenticate the Annual Budget as laid before the Assembly.
(2) Where the Annual Budget for any financial year cannot be
passed by the Legislative Assembly by reason of its having been
earlier dissolved the President shall cause to be prepared an
Annual Budget for that year and, by his signature, authenticate
the Budget.
(3) The Annual Budget for any financial year authenticated by

the President under sub-section (1) or sub-section (2) shall, for
the purposes of this Act, be deemed to have been passed by the
Legislative Assembly.
23. Restriction on expenditure:- (1) No expenditure shall be

incurred by the Government except as authorised by the Annual
or Supplementary Budget as passed by the Legislative
Assembly.
(2) No expenditure on such major development activities as may

be specified by the Adviser shall be incurred except with the
approval of the Adviser.
24. Power to make Ordinance:- The President may, in the case of

emergency, make and promulgate Ordinances for the peace and
good government of Azad Jammu and Kashmir and an
Ordinance so made shall for the space of not more than six
months from its promulgation, have the like force of law as an
Act passed by the Legislative Assembly but the power of making
an Ordinance under this section is subject to the like restrictions
as the power of the Legislative Assembly to make laws ; and any
Ordinance made under this section may be controlled or
superseded by an Act of the Legislative Assembly.
25. High Court:- (1) There shall be a High Court for Azad Jammu
and Kashmir hereinafter called the High Court which shall
consist of a Chief Justice and such number of other Judges as
may be prescribed by an Act of the Legislative Assembly.
(2) Until otherwise provided by an Act of the Legislative

Assembly, the High Court functioning immediately before the
commencement of this Act shall be the High Court of Azad
Jammu and Kashmir.
(3) The person holding office as Chief Justice or other Judge of

the High Court immediately before the commencement of this
Volume II: 1963-1970 121
Act shall be deemed to be the Chief Justice or other Judge, as the
case may be, appointed under this Act.
25. Public Service Commission:- (1) There shall be a Public

Service Commission for Azad Jammu and Kashmir which shall
consist of such number of members including a Chairman, and
perform such functions as may be prescribed.
(2) The Public Service Commission existing immediately before

the commencement of this Act and the persons holding office as
Chairman and other members of that Commission immediately
before such commencement shall be deemed to have been
constituted and appointed under this Act.
27. Election Commissioner:- (1) There shall be an Election

Commissioner appointed by the President on such terms and
conditions as may be prescribed.
(2) The person appointed as Election Commissioner under the

Azad Jammu and Kashmir Electoral Rolls Ordinance, 1970, and
functioning as such immediately before the commencement of
this Act shall be deemed to have been appointed as Election
Commissioner under sub-section (1) on the same terms and
conditions of service as were applicable to him immediately
before such commencement.
28. Act not to derogate from the responsibilities of Pakistan:-

Nothing in this Act shall derogate from the responsibilities of the
Government of Pakistan in relation to the State of Jammu and
Kashmir under the UNCIP Resolutions or prevent the
Government of Pakistan from taking such action as it may
consider necessary or expedient for the effective discharge of
those responsibilities.
29. Continuance of Existing laws:- Subject to the provisions of this

Act, all laws which immediately before the commencement of
this Act, were in force in Azad Jammu and Kashmir shall
continue in force until altered, repealed or amended by an Act of
the Legislative Assembly or other appropriate authority.
30. Power to make rules:- The President may make rules for
carrying out the purposes of this Act.
31. Repeal and Savings:- (1) The Azad Jammu and Kashmir
Government Act, 1968 hereinafter referred to as the said Act,
122 Volume II: 1963-1970
together with the Acts amending it, and the rules made
thereunder are hereby repealed.
(2) Notwithstanding the repeal of the said Act under sub-section

(1):
(a) the provisions of the said Act relating to election of the

members of the State Council shall apply for the purposes of
the first election of the Legislative Assembly provided for in
this Act, reference in those provisions to State Council being
construed as reference to Legislative Assembly; and
(b) the person, who, immediately before the commencement of

this Act, was holding the office of President of Azad Jammu
and Kashmir, and the State Council, which, immediately
before such commencement, was functioning as the State
Council of Azad Kashmir, shall, until the President is elected
and the Legislative Assembly is constituted in accordance
with the provisions of this Act, exercise the powers and
perform the functions under this Act respectively of the
President and the Legislative Assembly.
_______________
Volume II: 1963-1970 123
THE AZAD JAMMU AND KASHMIR ELECTORAL ROLLS

ORDINANCE, 1970
WHEREAS it is necessary to provide for the preparation of

electoral rolls for the purpose of inducting into office a duly elected Azad
Government of the State of Jammu and Kashmir with the ultimate
objective of promoting conditions conducive to carrying into effect the
intents and purposes of the Resolution's of the United Nations Security
council and the United Nations Commission for India and Pakistan
concerning the dispute over that State ;


President of the Azad Government of the State of Jammu and Kashmir is
1. Short title, commencement and application:- (1) This

ordinance may be called the Azad Jammu and Kashmir Electoral
Roils Ordinance, 1970.
(3) It extends to the whole of Azad Jammu and Kashmir territory

and shall apply to all State Subjects of the State of Jammu and
Kashmir.
2. Ordinance to over made other laws:- This Ordinance shall

have effect notwithstanding anything to the contrary contained in
any law, for the time being in force in the Azad Jammu and
Kashmir territory.

(a) 'Government' means the Azad Government of the State of

Jammu and Kashmir ;
(b) "President" means the President of the Azad Government of

the State of Jammu and Kashmir ;
124 Volume II: 1963-1970
(c) 'Commissioner' means the Election Commissioner appointed

or deemed to be appointed under section 4 ;
(d) 'Prescribed' means prescribed by rules made under this

Ordinance ;
(e) 'qualifying date' means the first day of January, 1970;
(f) 'State subject' means a person who is a 'State subject' as

defined in the late Government of the State of Jammu and
Kashmir Notification No. l-L/84, dated the 20th April, 1927;
(g) 'Registration Officer' means a Registration Officer appointed

under section 9 and includes an Assistant Registration
Officer performing the functions of the Registration Officer.
4. Election Commissioner:- (1) For the purpose of this Ordinance,

the Government shall appoint a person to be the Election
Commissioner.
(2) The person performing the functions of Election

Commissioner immediately before the commencement of this
Ordinance shall be deemed to be the Election Commissioner
appointed under sub-section (1).
5. Privileges and allowances:- The Commissioner shall be entitled

to such immunities, privileges and allowances as the President
may determine.
6. Assistance to Election Commissioner:- (1) The Commissioner

may require any person or authority in the Azad Jammu and
Kashmir territory to perform such functions or render such
assistance for the purposes of this Ordinance as the
Commissioner may direct.
(2) All authorities of the Government shall assist the

Commissioner in the performance of his functions and for this
purpose the President may, after consultation with the
Commissioner, issue such orders as he may consider necessary.
(3) When so requested by the Commissioner, the President shall

make available to the Commissioner such staff as may be
necessary for the performance of his functions.
Volume II: 1963-1970 125
7. Officers and servants:- The Commissioner may, in accordance
with the rules made in this behalf, appoint such officers and
servants as may be necessary for the performance of his
functions under this Ordinance.
8. Electoral Rolls for Election on the basis of Adult Franchise:-

(1) For the purpose of election on the basis of adult franchise
there shall be electoral rolls in relation of such areas, to be called
electoral areas, as the Commissioner may, in consultation with
the Government, determine.
(2) Separate electoral rolls without reference to any electoral

area shall be prepared for the State Subjects residing in West-
Pakistan.
9. Appointment of Registration Officer, etc:- (1) The

Commissioner shall appoint a Registration Officer for each
electoral area for the purpose of the preparation, correction and
amendment of an electoral roll for that electoral area and may,
for that purpose, appoint as many Assistant Registration Officers
as may be necessary ; and the same person may be appointed as
Registration Officer or Assistant Registration Officer for two or
more electoral areas.
(2) Subject to such instructions as may be given in this behalf by

the Commissioner :
(a) an Assistant Registration Officer may, under the control of

the Registration Officer, perform the functions of a
Registration Officer ; and
(b) a Registration Officer may require any person to assist him

in the performance of his functions.
10. Preparation of electoral rolls, etc:- (1) The Registration

Officer for an electoral area shall, under the superintendance,
direction and control of the Commissioner, prepare for that area
in the prescribed manner a draft electoral roll containing the
name of every State Subject who, on the qualifying date :
(a) is not less than twenty-one years of age ;
(b) does not stand declared by a competent court to be of

unsound mind; and
126 Volume II: 1963-1970
(c) is, or is deemed under section 12 to be, resident in the
electoral areas.
(2) The draft electoral roll prepared under sub-section (1),

together with a notice inviting claims and objections with respect
thereto, shall be published in such manner as may be prescribed.
(3) The Registration Officer shall make such additions,

modifications or corrections in the draft electoral roll as may be
required by any decision on any claim, or objection or as may be
necessary for correcting any clerical, printing or other error.
(4) After making additions, modifications or corrections, if any,

under subsection (5), the Registration Officer shall publish in the
prescribed manner the final electoral roll for each electoral area;
(5) An electoral roll shall be amended and corrected in the

prescribed manner, as and when necessary, so as:
(a) to correct any entry or supply any omission therein; or
(b) to include the name of any qualified person whose name

does not appear on such roll; or
(c) to delete therefrom the name of any person who has died or
who is or has become disqualified for enrolment on such
roll.
(6) An electoral roll as amended and corrected shall be

maintained in the prescribed manner and shall, together with a
notice inviting application for further amendment and correction,
be kept open to public inspection ; and copies of such rolls shall
be supplied to any person applying therefore on payment of such
fee as may be prescribed.
(7) If the Commissioner, on account of any gross error or

irregularity in or in the preparation of an electoral roll for any
electoral area or a draft thereof, considers if necessary so to do,
he may by order direct that such roll or draft shall stand
cancelled and that an electoral roll for that area be prepared
afresh.
11. Access to register of births and deaths:- The Registration

Officer and any person authorised by him in that behalf shall
have access to any register of births and deaths maintained under
Volume II: 1963-1970 127
any law for the time being in force and may collect such
information and take such extracts from such register as may be
necessary for the purpose of this Ordinance; and every person in
charge of such register shall give such information and such
extracts from the said register as the said Officer or person may
require.
12. Meaning of "resident":- (1) Save as hereinafter provide, a

person shall be deemed to be resident in an electoral area if he
ordinarily resides in that area.
(2) A person who resides in a place other than the electoral area
in which he would have otherwise been resident shall, unless he
otherwise indicates in writing to the Registration Officer, be
deemed to be resident in the said electoral area.
(3) The wife of any such person as is referred to in sub-section

(2) shall, if she ordinarily resides with such person, be deemed to
be resident in the electoral area in which her husband is deemed
to be resident under that sub-section.
(4) A person who is detained in prison or other legal custody

shall be deemed to be resident in the electoral area in which he
would have been resident if he had not been so detained.
(5) Where the residence of a State Subject is in doubt, he may

himself indicate the electoral area on the electoral roll of which
he desires to be enrolled.
13. No person to he enrolled more than once or in more than one

electoral area:- No person shall be entitled to be enrolled :
(a) on the electoral roll for any electoral area more than once ; or
(b) on the electoral rolls for more than one electoral area.
14. Validity of electoral rolls, etc. not affected by reason of any

mistake:- An electoral roll shall not be invalid by reason of any
misdescription of a person enrolled thereon, or of omission of
the name of any person entitled to be so enrolled or of inclusion
of the name of any person not so entitled.
15. Commissioner’s power to include a name in an electoral

roll:- The Commissioner may, at any time, order the inclusion in
an electoral roll of the name of any person qualified to be
128 Volume II: 1963-1970
enrolled on such electoral roll and such name shall, from the date
of such order, form part of the electoral roll.
16. Power to make rules:- The President, may, after consultation

with the Commissioner, make rules for carrying out the purpose
of this Ordinance.
17. Bar of jurisdiction:- No court shall question the validity of the

electoral rolls prepared under this Ordinance or the legality or
propriety of any proceedings or action taken thereunder by or
under the authority of the Commissioner or the Registration
Officer.
18. Commissioner's power to remove difficulties:- If any

difficulty arises in giving effect to the provisions of this
Ordinance or an order made thereunder, the Commissioner may,
from time to time, make such provisions or give such directions
as appear to him to be necessary for the removal of the difficulty.
______________
Volume II: 1963-1970 129
THE AZAD JAMMU AND KASHMIR ACQUISITIONS AND


Dated the 13th April, 1970)

and Kashmir Acquisitions and Transfers of Property (Special Provisions)
Ordinance, 1969 (Ordinance IV of 1969), for the purposes hereinafter
appearing;


and promulgate the following Ordinance :—

called the Azad Jammu and Kashmir Acquisitions and Transfers
of Property (Special Provisions) (Amendment) Ordinance, 1970.
2. Amendment of section 3, Ordinance IV of 1969:- In the Azad

Jammu and Kashmir Acquisitions and Transfers of Property
(Special Provisions) Ordinance, 1969 (Ordinance IV of 1969),
hereinafter referred to as the said Ordinance, in section 3, after
clause (b), the following new clause (bb) shall be inserted,
namely :
"(bb) 'Government' means the Azad Government of the State of

Jammu and Kashmir ; ".
3. Amendment of section 6, Ordinance IV of 1969:- In the said

Ordinance, in section 6, in sub-section (i):
(i) for clause (a) the following shall be substituted, namely:

130 Volume II: 1963-1970
" (a) the date for the submission of statements on the first
occasion under this Ordinance shall be the date as may be
fixed in this behalf by the Special Committee and the period
for which such statements are to be submitted shall be the
period as may be fixed in this behalf by the Government;" ;
and
(ii) in clause (b), for the words beginning with 'marriages' and
ending with 'foreign country' the words 'declarent's own
marriage as will as the marriages of his children and words
and on their education outside the Azad Jammu and Kashmir
Territory' shall be substituted.
______________
Volume II: 1963-1970 131


Dated, the 22nd April, 1970)
AN ORDINANCE
to amend the Azad Jammu and Kashmir

Electoral Rolls Ordinance, 1970.

Kashmir Electoral Rolls Ordinance, 1970 (Ordinance I of 1970), for the
purposes hereinafter appearing;



called the Azad Jammu and Kashmir Electoral Rolls
2. Amendment of section 1, Ordinance I of 1970:- In the Azad

Jammu and Kashmir Electoral Rolls Ordinance, 1970 (Ordinance
I of 1970), hereinafter referred to as the said Ordinance, in
section 1, for sub-section (3) the following shall be substituted,
namely :
" (3) It extends to the whole of Azad Jammu and Kashmir

territory and shall also apply to all State subjects residing in
West Pakistan ".
3. Substitute of section 8, Ordinance I of 1970:- In the said

Ordinance, for section 8 the following shall be substituted,
namely:-
132 Volume II: 1963-1970
" 8. Electoral rolls for election on the basis of adult franchise:-
(1) Save as otherwise provided in sub-section (2), for the
purposes of election on the basis of adult franchise, there
shall be electoral rolls in relation to such areas, to be called
electoral areas, as the Commissioner may, in consultation
with the Government, determine.
(2) Separate electoral rolls without reference to any electoral area

shall be prepared for the State subjects residing in West
Pakistan.".
4. Amendment of section 12, Ordinance I of 1970:- In the said

Ordinance, in section 12, for sub-section (2) the following shall
be substituted, namely :-
" (2) A person who, for any reason, resides in an electoral area
other than the electoral area in which he would have, but for
such reason, been resident shall, unless he otherwise
indicates in writing to the Registration Officer, be deemed to
be resident in the latter electoral area.".
________________
Volume II: 1963-1970 133

(SECOND AMENDMENT) ORDINANCE, 1970

Dated June 6, 1970)
AN ORDINANCE
Further to amend the Azad Jammu and Kashmir


and Kashmir Electoral Rolls Ordinance, 1970 (Ordinance 1 of 1970), for
the purposes hereinafter appearing;



called the Azad Jammu and Kashmir Electoral Rolls (Second
Amendment) Ordinance, 1970.

I of 1970), in section 1, for sub-section (3) the following shall be
substituted, namely :
"(3) It extends to the territories under the administration of the

Azad Government of the State of Jammu and Kashmir and
also applies to such of the State Subjects as were originally
residing in those territories and the Indian occupied
territories of the State of Jammu and Kashmir and are now
residing in West Pakistan. "
_______________
134 Volume II: 1963-1970

(Ordinance V of 1970)

Dated the 24th June, 1970).
WHEREAS it is expedient further, to amend the Azad Jammu

and Kashmir Government Act, 1968, for the purpose hereinafter
appearing ;

President of the Azad Government of the State of Jammu and Kashmir,
with the concurrence of the Chief Adviser, is pleased to make and
promulgate the following Ordinance :—

called the Azad Jammu and Kashmir Government (Amendment)
Ordinance, 1970.
2. Insertion of new section 16-A in the Azad Jammu and

Kashmir Government Act, 1968:- In the Azad Jammu and
Kashmir Government Act, 1968, after section 16, the following
new section shall be inserted, namely :—
"16-A. Nominated Chairman and Acting Chairman to be

Member of the State Council:- Where a person nominated to
be the Chairman under section 15 or to be the Acting
Chairman under section 16 is not a member of the State
Council, such person shall, notwithstanding anything
contained in sections 3, 5, and 11, be a member of the State
Council and the State Council shall be deemed to include
such member."
_______________
Volume II: 1963-1970 135
THE AZAD JAMMU AND KASHMIR STATE COUNCIL

ORDINANCE, 1970
(Ordinance VI of 1970)

Dated the July 18, 1970).
WHEREAS it is necessary to provide for the constitution of a

State Council elected on the basis of adult franchise ;

called the Azad Jammu and Kashmir State Council Ordinance,
1970.
2. Composition of the State Council:- As soon as may be after the

promulgation of this Ordinance and notwithstanding anything
contained in the Azad Jammu and Kashmir Government Act,
1968, there shall be constituted in the manner hereinafter
appearing a State Council consisting of:
(1) sixteen members to be elected by the State Subjects residing

in the territories now under the administration of the Azad
Government of the State of Jammu and Kashmir;
(2) four members to be elected from amongst themselves by the

refugees from the occupied areas of districts of Muzaffarabad,
Anantnag (Islamabad) and Baramula as these existed on 14th
day of August, 1947, who are now residing in any of the
provinces of the Punjab, Baluchistan, Sind and North-West
Frontier Province ;
(3) four members to be elected from amongst themselves by such

of the State Subjects from other parts of the State of Jammu and
Kashmir, and State Subjects originally residing in territories
under the administration of Azad Government of the State of
Jammu and Kashmir, as are now residing in the Provinces
referred to in clause (2) ;
136 Volume II: 1963-1970
(4) one woman member to be elected by the twenty-four elected
members of the State Council ; but this clause shall not be
construed as making a woman ineligible for election to any other
seat in the State Council.
_______________
Volume II: 1963-1970 137
THE AZAD JAMMU AND KASHMIR DELIMITATION OF

CONSTITUENCIES ORDINANCE, 1970
(Ordinance VII of 1970)
(Passed under Government Order No. 2896-2950/Leg/l/SL/70,

Dated the July 25, 1970).
WHEREAS it is necessary to provide for the delimitation of

constituencies for elections to the Azad Jammu and Kashmir State
Council to be constituted under the Azad Jammu and Kashmir State
Council Ordinance, 1970;
Now, THEREFORE, in exercise of all powers enabling him in

that behalf, the President is pleased to make and promulgate the
following Ordinance :-
1. Short title, commencement and extent:- (1) This Ordinance

may be called the Azad Jammu and Kashmir Delimitation of
Constituencies Ordinance, 1970.
(3) It shall extend to the whole of the Azad Jammu and Kashmir
Territory and shall also apply to all State Subjects mentioned in
clauses (2) and (3) of section 2 of the Azad Jammu and Kashmir
State Council Ordinance, 1970.

(a) 'Commission' means the Delimitation Commission

constituted under section 4 ;
(b) 'population' means the population as given in the final report

of the 1961 Census;
(c) 'Registered voters' means voters registered under the Azad

Jammu and Kashmir Electoral Rolls Ordinance, 1970 ;
(d) 'State Council' means the State Council to be constituted

under the Azad Jammu and Kashmir State Council
138 Volume II: 1963-1970
Ordinance, 1970.
3. Ordinance to override other laws:- This Ordinance shall have

effect notwithstanding anything to the contrary contained in any
law, ordinance or rules for the time being in force.
4. Constitution of Delimitation Commission:- (1) For the purpose

of this Ordinance, the President shall constitute a Delimitation
Commission consisting of the Election Commissioner appointed
or deemed to be appointed under the Azad Jammu and Kashmir
(2) The Commission shall continue to function until it is, by

order of the President, dissolved.
(3) The Commission shall be entitled to such immunities and

privileges as the President may determine.
5. Procedure of the Commission:- Subject to the provisions of

this Ordinance, the Commission shall regulate its own procedure.
6. Assistance to Delimitation Commission:- (1) The Commission

may require any person or authority to perform such functions or
render such assistance for the purposes of this Ordinance as it
may direct.
(2) All authorities of the Azad Government of the State of

Jammu and Kashmir shall assist the Commission in the
performance of its functions and for this purpose the President
may, after consultation with the Commission, issue such
directions as he may consider necessary.
7. Delimitation of Constituencies, etc:- (1) The Commission

shall:
(a) for the purpose of election to the seats in the State Council,
divide each district in the Azad Jammu and Kashmir
Territory into as many territories constituencies as the
number of such seats set out in column 2 of the entry in
Schedule I for the district; and
(b) for the purpose of election to the seats in the State Council
for the State Subjects who are now residing in any of the
Provinces of the Punjab, Baluchistan, Sind and North-West
Frontier Province, divide each Province or Provinces into as
Volume II: 1963-1970 139
many territorial constituency or constituencies as the number
of such seats set out in column 2 of the entry in Schedule
II:—
(2) (a) For the areas mentioned in clause (a) of sub-section (1)
the allocation of seats in each district shall be on the basis of
population ; and
(b) for the areas mentioned in clause (b) of sub-section (1), the
allocation of seats in the Province or Provinces shall be on
the basis of registered voters.
(3) The constituencies for the seats in the State Council shall be
so delimited, having regard to administrative convenience, that
each constituency is a compact area and in doing so due regard
shall be had, so far as practicable, to the distribution of the
population or the number of registered voters, as the case may
be.
(4) The Commission shall, after making such inquiries and

examining such records as it may deem necessary and
considering such representations as may be received by it,
publish in the official Gazette a preliminary list of territorial
constituencies specifying the areas proposed to be included in
each such constituency together with a notice inviting objections
and suggestions within a period specified in such notice.
(5) The Commission shall, after hearing and considering the

objections and suggestions, if any, received by it, make such
amendments, alterations or modifications in the preliminary list
published under sub-section (4) as it thinks fit or necessary, and
shall publish in the Government Gazette the final list of
territorial constituencies showing the areas included in each such
constituency.
8. Validity of act of Commission not questionable:- The validity

of the delimitation or formation of any constituency, or of any
proceedings taken or anything done by or under the authority of
the Commission, under this Ordinance shall not be called in
question in any Court.
140 Volume II: 1963-1970
SCHEDULE I
[See section 7 (1) (a)]
Seats in the State Council for the Azad Jammu and Kashmir Territory :—
District Seat
Mirpur 7
Poonch 5
Muzaffarabad 4
SCHEDULE II
[See section 7 (1) (b)]
Seats in the State Council for the areas in the Provinces of the
Punjab, Baluchistan, Sind and North-West Frontier Province :—
Seats
(a) Seats for the State Subjects of the occupied areas of the
districts of Anantnag (Islamabad) Baramula and
Muzaffarabad now residing in the Provinces of the Punjab,
Baluchistan, Sind and North-West Frontier Province.
(b) Seats for the other State Subjects now residing in the
Provinces of the Punjab, Baluchistan, Sind and North-West
Frontier Province.
_____________
Volume II: 1963-1970 141

(THIRD AMENDMENT) ORDINANCE, 1970
(Ordinance VIII of 1970)
(Passed under Government Order No. 2951-3000/Leg-2/SL/70,

Dated the July 25, 1970)
AN ORDINANCE
further to amend the Azad Jammu and Kashmir


and Kashmir Electoral Rolls Ordinance, 1970 (Ordinance I of 1970), for
the purpose hereinafter appearing ;


section 17 of the Azad Jammu and Kashmir Government Act 1968, the
President, with the concurrence, of the Chief Adviser, is pleased to make
and promulgate the following Ordinance :

called the Azad Jammu and Kashmir Electoral Rolls (Third
Amendment) Ordinance, 1970.

I of 1970), in section 8, after sub-section (2), the following new
sub-sections shall be added, namely :-
"(3) The electoral rolls prepared under sub-section (2) shall show
separately the State Subjects from the occupied areas of the
districts of Muzattarabad, Anantnag (Islamabad) and
Baramula as these existed on the 14th day of August, 1947,
who are now residing in any of the provinces of the Punjab,
Baluchistan, Sind and North-West Frontier Province.
(4) The Provisions of section 10 in so far as they relate to the

142 Volume II: 1963-1970
calling of claims and objections, decisions thereon, entry of the
decisions in the relevant record and publication of the electoral
rolls shall, so far as may be, apply to the electoral rolls prepared
under subsection (2) as they apply to the electoral rolls prepared
under the said section 10.
_______________
Volume II: 1963-1970 143
THE AZAD JAMMU AND KASHMIR (EMERGENCY)

REQUISITION OF PROPERTY
(Ordinance IX of 1970)

Dated the August 12, 1970)
AN ORDINANCE
to extend and amend the Azad Jammu and Kashmir (Emergency)

Requisition of Property Act, 1960.
WHEREAS it is expedient to extend and amend the Azad Jammu

and Kashmir (Emergency) Requisition of Property Act, 1960 (Act III of
1960), for the purpose hereinafter appearing;



called the Azad Jammu and Kashmir (Emergency) Requisition of
Property (Amendment) Ordinance, 1970.
taken effect on the 22nd day of March, 1970.
2. Amendment of section I, Act III of 1960:- In the Azad Jammu

and Kashmir (Emergency) Requisition of Property Act, 1960
(Act III of 1960), in section I, in sub-section (iii), for the word
'ten' the word 'twelve' shall be substituted and shall be deemed to
have always been so substituted.
______________
144 Volume II: 1963-1970

(ELECTIONS) ORDINANCE, 1970
(Ordinance X of 1970)
WHEREAS it is necessary to provide for the conduct of

Elections to the State Council and for matters connected therewith and
incidental thereto ;
Now, THEREFORE, in exercise of all powers enabling him in

that behalf, the President is pleased to make and promulgate the
following Ordinance :-
CHAPTER I
PRELIMINARY

may be called the Azad Jammu and Kashmir State Council
(Elections) Ordinance, 1970.
(2) It extends to the whole of Azad Jammu and Kashmir territory

and shall also apply to all State Subjects mentioned in clause (2)
or clause (3) of section 2 of the Azad Jammu and Kashmir State
Council Ordinance, 1970.

(i) 'ballot paper account' means a ballot paper account prepared

under sub-section (10) of section 35 ;
(ii) 'candidate' means a person proposed as a candidate for

election as a member;
(iii) 'Commissioner' means the Election Commissioner appointed

or deemed to be appointed under the Azad Jammu and
Kashmir Electoral Rolls Ordinance, 1970 (Ordinance I of
1970);
(iv) 'constituency' means a constituency delimited under the

Azad Jammu and Kashmir Delimitation of Constituencies
Ordinance, 1970 (Ordinance VII of 1970), for the purpose of
election of a member;
Volume II: 1963-1970 145
(v) 'contesting candidate' means a candidate who has been
validly nominated for election as a member and has not
withdrawn his candidature ;
(vi) 'election 'means selection to a seat of a member held under

this Ordinance;
(vii) 'election agent' means an election agent appointed by a

candidate under section 20 and, where no such appointment
is made, the candidate acting as his own election agent;
(viii) 'election petition' means an election petition made under

section 49;
(ix) 'elector' in relation to a constituency, means a person who is

enrolled on the electoral roll for that constituency;
(x) 'electoral roll' means an electoral roll prepared under section

8 of the Azad Jammu and Kashmir Elector Rolls Ordinance,
1970;
(xi) 'member' means a member of the State Council;
(xii) 'nomination day ' means the day appointed under section 10
for the nomination of candidates ;
(xiii) 'polling agent' means a polling agent appointed under

section 21 ;
(xiv) 'Polling Assistant' means a Polling Assistant appointed

under section 8 for a polling station ;
(xv) 'polling day' means the day on which poll is taken for an
election;
(xvi) 'Polling Officer' means a Polling Officer appointed under

section 8 for a polling station ;
(xvii) 'prescribed' means prescribed by rules made under this

Ordinance ;
(xviii) 'Presiding Officer' means a Presiding Officer appointed

under section 8 for a polling station and includes a Polling
Officer exercising the powers and performing the functions
of Presiding Officer;
146 Volume II: 1963-1970
(xix) 'returned candidate' means a candidate who has been
declared elected as a member under this Ordinance ;
(xx) 'Returning Officer' means a Returning Officer appointed

under section 6 and includes an Assistant Returning Officer
exercising the powers and performing the functions of
Returning Officer;
(xxi) 'scrutiny day' means the day appointed under section 10 for
the scrutiny of nomination papers;
(xxii) 'spoilt ballot paper' means a ballot paper which has been
spoiled and is returned to the Presiding Officer under section
33 ;
(xxiii) 'State Council' means the State Council provided for in

the Azad Jammu and Kashmir State Council Ordinance,
1970;
(xxiv) 'Tribunal' means an Election Tribunal appointed under

section 53 for the trial of election petitions ;
(xxv) 'withdrawal day' means the day appointed under section 10

on or before which candidature may be withdrawn.
CHAPTER II
ELECTION COMMISSIONER
3. Delegation of Powers:- The Commissioner may authorise any

of his officers to exercise and perform all or any of his powers
and functions under this Ordinance.
4. Assistance to the Commissioner:- (1) The Commissioner may

require any person or authority to perform such functions or
render such assistance for the purposes of this Ordinance as he
may direct.
(2) All authorities of the Government shall assist the

Commissioner in the performance of his functions and for this
purpose the President may, after consultation with the
Commissioner, issue such directions as he may consider
necessary.
Volume II: 1963-1970 147
CHAPTER III
QUALIFICATIONS AND DISQUALIFICATIONS
5. Qualifications and disqualifications for being a member:- (1)

Subject to the provisions of the Azad Jammu and Kashmir State
Council Ordinance, 1970 (Ordinance VI of 1970), and sub-
section (2) of this section, a person shall be qualified to be
elected as, and to be, a member if:
(a) he is a State Subject as denned in sub-section (f) of section 3

of the Azad Jammu and Kashmir Electoral Rolls Ordinance,
1970 (Ordinance I of 1970);
(b) he has attained the age of twenty-five years; and
(c) his name appears on the electoral roll of any constituency in

the Azad Jammu and Kashmir Territory or West Pakistan.
(2) A person shall be disqualified from being elected as, and

from being, a member if:
(a) he is of unsound mind and stands so declared by a competent

Court; or
(b) he is an undischarged insolvent, unless a period of ten years

has elapsed since his being adjudged as insolvent; or
(c) he has been, on conviction for any offence, sentenced to

transportation for any term or to imprisonment for a term of
not less than two years, unless a period of five years, or such
less period as the President may allow in any particular case,
has elapsed since his release; or
(d) he has been a Minister at any time following the 10th of

October 1969, unless a period of one year, or such less
period as the President may allow in any particular case, has
elapsed since he ceased to be a Minister; or
(e) he holds any office in the service of Azad Jammu and

Kashmir or in the service of Pakistan other than an office
which is not a whole-time office remunerated either by
salary or by fee; or
(f) he has been dismissed for misconduct from the service of

Azad Jammu and Kashmir or the service of Pakistan, unless
148 Volume II: 1963-1970
a period of five years, or such less period as the President
may allow in any particular case, has elapsed since his
dismissal; or
(g) he, whether by himself or by any person or body of person in

trust for him or for his benefit or on his account or as a
member of a Hindu undivided family, has any share or
interest in a contract, not being a contract between a
cooperative society and Government, for the supply of goods
to, or for the execution of any contract or the performance of
any services undertaken by, Government:
Provided that the disqualification under clause (g) shall

not apply to a person:
(i) where the share or interest in the contract devolves on

him by inheritance or succession or as a legatee,
executor or administrator, until the expiration of six
months after it has so devolved on him or such longer
period as the President may, in any particular case,
allow; or
(ii) where the contract has been entered into by or on behalf

of a public company as denned in the Companies Act,
1913 (VII of 1913), of which he is a shareholder but is
neither a director holding an office of profit under the
company nor a managing agent; or
(iii) where he is a member of a Hindu undivided family and

the contract has been entered into by any other member
of that family in the course of carrying on a separate
business in which he has no share or interest.
CHAPTER IV
ELECTION
6. Appointment of Returning Officer, etc:- (1) The

Commissioner shall appoint a Returning Officer for each
constituency for the purpose of election of a member for that
constituency; and a person may be appointed as Returning
Officer for two or more constituencies.
(2) The Commissioner may appoint as many Assistant Returning

Officers as may be necessary.
Volume II: 1963-1970 149
(3) An Assistant Returning Officer shall assist the Returning

Officer in the performance of his functions under this Ordinance
and may subject to any condition imposed by the Commissioner,
exercise and perform, under the control of the Returning Officer,
the powers and functions of the Returning Officer.
(4) It shall be the duty of a Returning Officer to do all such acts

and things as may be necessary for effectively conducting an
election in accordance with the provisions of this Ordinance and
the rules.
7. Polling stations:- (1) The Returning Officer shall, before such

time as the Commissioner may fix, submit to the Commissioner
a list of polling stations he proposes to provide in a constituency
for the purpose of election of a member for that constituency.
(2) The Commissioner may make such alterations in the list of

polling stations submitted under sub-section (1) as he may
consider necessary and shall, at least fifteen days before the
polling day, publish in the official Gazette the final list of polling
stations specifying the area the electors whereof will be entitled
to vote at each polling station.
(3) The Returning Officer shall provide each constituency with

polling stations according to the final list, published, under sub-
section (2).
(4) No polling station shall be located in any such premises as

belong to, or are under the control of any candidate.
8. Presiding Officers and Polling Officers:- (1) A Returning

Officer shall appoint for each polling station a Presiding Officer
and such number of Polling Officers and Polling Assistant to
assist the Presiding Officer as the Returning Officer may
consider necessary;
Provided that a person who is, or has at any time been, in the
employment of any candidate shall not be appointed as a
Presiding Officer, Polling Officer or Polling Assistant.
(2) A Presiding Officer shall conduct the poll in accordance with

the provisions of this Ordinance and the rules, shall be
responsible for maintaining order at the polling station and shall
report to the Returning Officer any fact or incident which may,
150 Volume II: 1963-1970
in his opinion, effect the fairness of the poll;
Provided that during the course of the poll the Presiding

Officer may entrust such of his functions as may be specified by
him to any Polling Officer and it shall be the duty of the Polling
Officer to perform the functions so entrusted,
(3) The Returning Officer shall authorise one of the Polling

Officers to act in place of the Presiding Officer if the Presiding
Officer is, at any time during the poll, by reason of illness or
other cause, not present at the polling station, or is unable to
perform his functions; and any absence of the Presiding Officer,
and the reasons therefore, shall, as soon as possible after the
close of the poll, be reported to the Returning Officer.
(4) The Returning Officer may, at any time during the poll for
reasons to be recorded in writing, suspend any Presiding Officer,
Polling Officer or Polling Assistant and make such arrangements
as he may consider necessary for the performance of the
functions of the officer so suspended.
9. Supply of Electoral rolls:- (1) The Commissioner shall provide

the Returning Officer for each constituency with copies of
electoral rolls for all the electoral areas within that constituency.
(2) The Returning Officer shall provide the Presiding Officer of

each polling station with copies of electoral rolls containing the
names of the electors entitled to vote at that polling station.
10. Notification for election:- (1) For the purpose of holding

elections for constituting the State Council, the Commissioner
shall, by notification in the official Gazette, call upon the
electors to elect a member from each constituency and shall, in
relation to each constituency, specify in the notification:-
(a) a day for the nomination of candidates;
(b) a day for the scrutiny of nomination papers;
(c) a day on or before which candidature may be withdrawn ;

and
(d) a day, at least fifteen days after the withdrawal day for the
taking of the poll.
Volume II: 1963-1970 151
(2) A Returning Officer shall, as soon as may be after the
publication of a notification under sub-section (1), give public
notice of the dates specified by the Commissioner in respect of
the constituency of constituencies of which he is the Returning
Officer; and the public notice shall be published at some
prominent place or places within the constituency to which it
relates.
(3) A public notice given under sub-section (2) shall also invite
nominations and specify the time before which and the place at
which nomination papers shall be received by the Returning
Officer.
11. Nomination for election:- (1) Any elector of a constituency

may propose or second the name of any duly qualified person to
be a member for that constituency.
(2) Every proposal shall be made by a separate nomination paper

in the prescribed form which shall be signed by the proposer and
the seconder and shall contain:
(a) a declaration signed by the candidate that he has consented

to the nomination and that he is not subject to any
disqualification for being or being elected as, a member; and
(b) a declaration signed by the proposer and the seconder that

neither of them has subscribed to any other nomination paper
either as proposer or seconder.
(3) Every nomination paper shall be delivered by the candidate,

or his proposer or seconder, to the Returning Officer who shall
acknowledge the receipt of the nomination paper specifying the
date and time of receipt.
(4) A person may be nominated in the same constituency by

more than one nomination paper.
(5) If any person subscribes to more than one nomination paper,

all such nomination papers, except the one received first by the
Returning Officer, shall be void;
(6) The Returning Officer shall give a serial number to every

nomination paper and endorse thereon the name of the person
presenting it, and the date and time of its receipt, and inform
such person of the time and place at which he shall hold scrutiny.
152 Volume II: 1963-1970
(7) The Returning Officer shall cause to be affixed at some

conspicuous place in his office a notice of every nomination
paper received by him containing the particulars of the candidate
and the names of the proposer and seconder as shown in the
nomination paper.
12. Deposits:- (1) Subject to the provisions of sub-section (2), no

nomination paper delivered under section 11 shall be accepted
unless:
(a) in case of a candidate from Azad Jammu and Kashmir

Territory a sum of five hundred rupees is deposited in cash
with the Returning Officer or in a Government Treasury or
Sub-Treasury, by the candidate or by any person on his
behalf at the time of its delivery;
(b) in case of a candidate from outside Azad Jammu and

Kashmir Territory, a bank draft of five hundred rupees in
favour of the Accountant-General, Azad Jammu and
Kashmir Government, is presented to the Returning Officer
alongwith the nomination paper.
(2) Not more than one deposit under sub-section (1) shall be
required in the case of a person who has been nominated as a
candidate by more than one nomination paper.
13. Scrutiny:- (1) The candidates, their election agents, proposers

and seconders, and one other person authorised in this behalf by
each candidate may attend the scrutiny of nomination papers,
and the Returning Officer shall give them reasonable opportunity
for examining all nomination papers delivered to him under
section 11.
(2) The Returning Officer shall, in the presence of the persons

attending the scrutiny under sub-section (1), examine the
nomination papers and decide any objection raised by any such
person to any nomination.
(3) The Returning Officer may, either of his own motion or upon
any objection, conduct such summary enquiry as he may think fit
and reject a nomination paper if he is satisfied that:
(a) the candidate is not qualified to be elected as a member from

the constituency for election from which he has been
Volume II: 1963-1970 153
nominated ;
(b) the proposer or the seconder is not qualified to subscribe to

the nomination paper;
(c) any provision of section 11 or section 12 has not been

complied with; or
(d) the signature of the proposer or the seconder is not genuine :
Provided that:
(i) the rejection of a nomination paper shall not invalidate

the nomination of a candidate by any other valid
nomination paper;
(ii) the Returning Officer shall not reject a nomination paper

on the ground of any reject which is not of a substantial
nature and may allow any such defect to be remedied
forthwith; and
(iii) the Returning Officer shall not enquire into the

correctness or validity of any entry in the electoral roll.
(4) The Returning Officer shall endorse on each nomination

paper his decision accepting or rejecting it, and shall, in the case
of rejection, record a brief statement of the reasons therefore.
(5) Where the nomination of a candidate has been rejected under

this section, an appeal shall lie within the prescribed period to
the Commissioner and any order passed on such appeal shall be
final.
14. Publication of list of candidates:- (1) The Returning Officer

shall, after the scrutiny of nomination papers, prepare and
publish in the prescribed manner a list of candidate, who have
been validly nominated.
(2) In case an appeal against rejection of a nomination paper has

been accepted by the Commissioner the list of validly nominated
candidates shall be revised accordingly.
15. Withdrawal:- (1) Any validly nominated candidate may, be

notice in writing signed by him and delivered, on or before the
withdrawal day, to the Returning Officer, either by such
154 Volume II: 1963-1970
candidate in person or by an agent authorised in this behalf in
writing by such candidate, withdraw his candidature.
(2) A notice of a withdrawal under sub-section (1) shall in no

circumstance's be open to recall or cancellation.
(3) On receiving a notice of withdrawal under sub-section (1),

the Returning Officer shall, if he is satisfied that the signature on
the notice is that of the candidate, cause a copy of the notice to
be affixed at some conspicuous place in his office.
(4) The Returning Officer shall, on the day next following the
withdrawal day, prepare and publish in the prescribed manner a
list of contesting candidates.
16. Death of a candidate after nomination:- (1) If a validly

nominated candidate who has not withdrawn his candidature
dies, the Returning Officer shall, by public notice, terminate the
proceedings relating to that election.
(2) Where proceedings relating to an election have been

terminated under sub-section (1), fresh proceedings shall be
commenced in accordance with the provisions of this Ordinance
as if for a new election.
17. Postponement, etc. under certain circumstances:- Where the

proceedings relating to nomination, scrutiny or withdrawal
cannot, for reasons beyond the control of the Returning Officer,
take place on the day appointed therefore, he may postpone or
adjourn such proceedings and shall, with the approval of the
Commissioner, by public notice fix another day for the
proceedings so postponed or adjourned and, if necessary, also
the day or days for any subsequent proceedings.
18. Uncontented election:- (1) Where, after scrutiny under section

13, only one person remains as a valid nominated candidate for
election as a member from a constituency or where after
withdrawal under section 15 only one person is left as a
contesting candidate, the Returning Officer shall, by public
notice, declare such candidate to be elected to the seat:
Provided that if after scrutiny any candidate indicates that he

intends to make an appeal under sub-section (5) of section 13
against the rejection of his nomination paper, no person shall be
declared elected uncontested until the period prescribed for filing
Volume II: 1963-1970 155
such appeal has expired and no such appeal has been filed or,
where an appeal is filed, until the disposal of such appeal.
(2) The Returning Officer shall submit to the Commissioner a

return of the election in respect of which he has made a
declaration under sub-section (1).
(3) The Commissioner shall publish in the Official Gazette the

name of the returned candidate.
19. Contested election:- (1) If there are more contesting candidates

than one in respect of any constituency, the Returning Officer
shall:
(a) allocate, subject to any direction of the Commissioner, one

of the prescribed symbols to each contesting candidate ; and
in so doing shall, so far as possible, have regard for any
preference indicated by the candidate;
(b) publish in such manner as the Commissioner may direct the

names of contesting candidates arranged in the alphabetical
order specifying against each the symbol allocated to him ;
and
(c) give public notice of the poll.
(2) The Returning Officer shall arrange to exhibit prominently at

each polling station the name and symbol of each contesting
candidate.
20. Election agent:- (1) A candidate may appoint a person qualified

to be elected as a member to be his election agent.
(2) The appointment of an election agent may, at any time, be

revoked in writing by the candidate and, when it is so revoked or
the election agent dies, another person may be appointed by the
candidate to be his election agent.
(3) When an election agent is appointed, the candidate shall send

to the Returning Officer a notice in writing of the appointment
containing the name, father's name and address of the election
agent.
(4) Where no appointment of an election agent is made under

this section, a candidate shall be deemed to be his own election
156 Volume II: 1963-1970
agent and shall, so far as the circumstances permit, be subject to
the provisions of this Ordinance both as a candidate and as an
election agent.
21. Polling agent:- (1) A contesting candidate or his election agent,

may, before the commencement of the poll, appoint for each
polling station not more than two polling agents if there be only
one booth, and not more than four polling agents if there be more
than one booth, at such polling station, and shall give notice
thereof in writing to the Presiding Officer,
(2) The appointment of a polling agent under sub-section (1)

may at any time be revoked by the candidate or his election
agent and, when it is so revoked or the polling agent dies,
another person may be appointed by the candidate or the election
agent to be a polling agent; and a notice of such appointment
shall be given to the Presiding Officer.
22. Absence of candidates etc., not to invalidate acts, etc:- Where

any act or thing is authorised by this Ordinance to be done in the
presence of the candidate, an election agent or a polling agent,
the failure of such person to attend at the time and place
appointed for the purpose shall not invalidate any act or thing
otherwise validly done.
23. Hours of the poll:- The Returning Officer shall, subject to any
direction of the Commissioner, fix the hours during which the
poll shall be taken and give public notice of the hours so fixed.
24. Stopping of the poll:- (1) The Presiding Officer of a polling

station shall stop the poll and inform the Returning Officer that
he has done so if:
(a) the poll at the polling station is, at any time so interrupted or
obstructed for reason beyond the control of the Presiding
Officer that it cannot be resumed during the polling hours
fixed under section 23 ; or
(b) any ballot box used at the polling station is unlawfully taken
out of the custody of the Presiding Officer, or is accidentally
or intentionally destroyed or lost, or is damaged or tampered
with to such an extent that the result of the poll at the polling
station cannot be ascertained.
(2) Where a poll has been stopped under sub-section (1), the
Volume II: 1963-1970 157
Returning Officer shall immediately report the circumstances to
the Commissioner and the Commissioner shall direct a fresh poll
at that polling station, unless he is satisfied that the result of the
election has been determined by the polling that has already
taken place at that polling station taken with the results of the
polling at other polling stations in the same constituency.
(3) Where the Commissioner orders a fresh poll under sub-

section (2), the Returning Officer shall, with the approval of the
Commissioner:
(a) appoint a day for a fresh poll and fix the place at which and
the hours during, which such fresh poll shall be taken ; and
(b) give public notice of the day so appointed and the place and
hours so fixed.
(4) At a fresh poll taken under sub-section (3) at a polling

station, all electors entitled to vote thereat shall be allowed to
vote and no vote cast at the poll stopped under sub-section (1)
shall be counted ; and the provisions of this Ordinance and the
rules and orders made thereunder shall apply to such fresh poll.
25. Election by secret ballot:- An election under this Ordinance

shall be decided by secret ballot and, subject to the provisions of
section 26, every elector shall cast his vote by inserting, in
accordance with the provisions of this Ordinance, in the ballot
box, a ballot paper in the prescribed form.
26. Postal ballot:- (1) The following persons may cast their votes by
postal ballot in such manner as may be prescribed, namely :-
(a) a person referred to in sub-section (2) or sub-section (3) or

subsection (4) of section. 12 of the Azad Jammu and
Kashmir Electoral Rolls Ordinance, (Ordinance I of 1970) ;
and
(b) a person appointed by the Returning Officer for the

performance of any duty in connection with an election at a
polling station other than the one at which he is entitled to
cast his vote.
(2) An elector who, being, entitled to do so intends to cast this

vote by postal ballot shall:
158 Volume II: 1963-1970
(a) in the case of a person referred to in clause (a) of sub-section
(1), within ten days from the date of the publication of the
notification under section 10, and
(b) in the case of a person referred to in clause (b) of that sub-

section, as soon as may be after his appointment, apply to the
Returning Officer of the constituency in which he is an
elector for a ballot paper for voting by postal ballot; and
every such application shall specify the name of the elector,
his address and his serial number in the electoral roll.
(3) The Returning Officer shall immediately upon the receipt of

an application by an elector under sub-section (2) send by post to
such elector a ballot paper and an envelope bearing on its face a
form of certificate of posting, showing the date thereof, to be
filled in by the proper Official of the post office at the time of
posting by the elector.
(4) An elector on receiving his ballot paper for voting by postal

ballot shall in the prescribed manner record his vote and after so
recording post the ballot paper to the Returning Officer in the
envelope sent to him under sub-section (3) with the minimum of
delay.
27. Ballot boxes:- (1) The Returning Officer shall provide each
Presiding Officer with such number of ballot boxes as may be
necessary:
(2) The ballot boxes shall be of such material and design as may
be approved by the Commissioner.
(3) Not more than one ballot box shall be used at a time for the
purpose of the poll at any polling station, or at any polling booth,
where there are more than one polling booths at a polling station.
(4) At least half an hour before the time fixed for the
commencement of the poll, the Presiding Officer shall:
(a) ensure that every ballot box to be used is empty;
(b) show the empty ballot box to the contesting candidates and
their election agents and polling agents whoever may be
present;
(c) after the ballot box has been shown to be empty, close, and,
Volume II: 1963-1970 159
seal it;
(d) place the ballot box so as to be conveniently accessible to

the electors, and at the same time within the sight of himself
and of such candidates, or their election or polling agents as
may be present.
(5) If one ballot box is full or cannot further be used for

receiving ballot papers, the Presiding Officer shall seal that
ballot box and keep it in a secure place and use another ballot
box in. the manner laid down in sub-section (4).
(6) A Presiding Officer shall make such arrangements at the

polling station that every elector may be able to mark his ballot
paper in secret before the same is folded and inserted in the
ballot box.
28. Admission to the polling station:- The Presiding Officer shall,

subject to such instructions as the Commissioner may give in this
behalf, regulate the number of electors to be admitted to the
polling station at a time and exclude from the polling station all
other persons, except:
(a) any person on duty in connection with the election ;
(b) the contesting candidates, their election agents and polling

agents; and
(c) such other persons as may be specifically permitted by the

Returning Officer.
29. Maintenance order at the polling station:- (1) The Presiding

Officer shall keep order at the polling station and may remove or
cause to be removed any person who misconducts himself at a
polling station or fails to obey any lawful orders of the Presiding
Officer.
(2) Any person removed under sub-section (1) from a polling

station shall not, without the permission of the Presiding Officer,
again enter the polling station during the day and shall if he is
accused of an offence in a polling station, be liable to be arrested
without warrant by a police officer.
(3) The powers under this section shall not be so exercised as to

deprive an elector of an opportunity to cast his vote at the polling
160 Volume II: 1963-1970
station at which he is entitled to vote.
30. Voting procedure:- (1) Where an elector presents himself at the

polling station to vote, the Presiding Officer shall, after
satisfying himself about the identity of the elector, issue to him a
ballot paper.
(2) Before a ballot paper is issued to an elector:
(a) he shall be required to receive a personal mark, made with

indelible ink, on the thumb or any other finger of either
hand;
(b) the number and name of the elector as entered in the

electoral roll shall be called out;
(c) a mark shall be placed on the electoral roll against the

number and name of the elector to indicate that a ballot
paper has been issued to him;
(d) the ballot paper shall on its back to be stamped with the
official mark ; and
(e) the number of the elector on the electoral roll shall be

marked in writing on the counterfoil by the Presiding Officer
who shall also stamp the counterfoil with the official mark.
(3) A ballot paper shall not be issued to a person who refuses to

receive the personal mark with indelible ink or if he already
bears such mark or the remnants of such mark.
(4) If a contesting candidate or his election or polling agent

alleges that an elector to whom a ballot paper is about to be
issued already has one or more ballot papers in his possession,
the Presiding Officer may require the elector to satisfy him that
he does not have any other ballot paper in his possession and
may also take such measures as he thinks fit to ensure that such
elector does not insert more than one ballot paper in the ballot
box.
(5) The elector, on receiving the ballot paper, shall:
(a) forthwith proceed to the place reserved for making the ballot
paper ;
Volume II: 1963-1970 161
(b) put the prescribed mark on the ballot paper at any place
within the space containing the name and symbol of the
contesting candidate for whom he wishes to vote; and
(c) after he has so marked, fold the ballot paper and insert it in
the ballot box.
(6) The elector shall vote without undue delay and shall leave the
polling station immediately after he has inserted his ballot paper
in that ballot box.
(7) Where an elector is blind or is otherwise so incapacitated,

that he cannot vote without the assistance of a companion, the
Presiding Officer shall allow him such assistance and thereupon
such elector may do with such assistance anything which an
elector is required or permitted to do under this Ordinance.
31. Tendered ballot papers:- (1) If a person representing himself to

be an elector applies for a ballot paper when another person has
already represented himself to be that elector and has voted
under the name of the person so applying he shall be entitled,
subject to the provisions of this section, to receive, a ballot paper
(hereinafter referred to as 'tendered ballot paper') in the same
manner as any other elector.
(2) A tendered ballot paper shall, instead of being put into the
ballot box, be given to the Presiding Officer who shall endorse
thereon the name and number in the electoral roll of the person
applying for it and place it in a separate packet endorsed with the
name of the candidate for whom such person wishes to vote,
(3) The name of the person applying for a ballot paper under
sub-section (1) and his number on the electoral roll shall be
entered in a list (hereinafter referred to as 'the tendered votes
list') to be prepared by the Presiding Officer.
32. Challenge of electors:- (1) If, at the time a person applies for a
ballot paper for the purpose of voting, a candidate or his polling
agent declares to the Presiding Officer that he has reasonable
cause to believe that that person has already voted at the election,
at the same or another polling station, or is not the person against
whose name entered in the electoral roll he is seeking to vote,
and undertakes to prove the charge in a court of law and deposits
with the Presiding Officer in cash such sum as may be
prescribed, the Presiding Officer may, after warning the person,
162 Volume II: 1963-1970
of the consequences and obtaining his thumb impression and, if
he is literate, also his signature, on the counterfoil, issue a ballot
paper (hereinafter referred to as "challenged ballot paper") to that
person.
(2) If the Presiding Officer issues a ballot paper under sub-

section (1) to such person he shall enter the name and address of
that person in a list to be prepared by him (hereinafter referred to
as "the challenged votes list") and obtain thereon the thumb
impression and, if he is literate, also' the signature, of that
person.
(3) A ballot paper issued under sub-section (1) shall, after it has
been folded by the elector, be placed in the same condition in a
separate packet bearing the label "challenged ballot papers",
instead of being placed in the ballot box.
33. Spoilt ballot papers:- (1) An elector who has inadvertently so

spoilt his ballot paper that it cannot be used as a valid ballot
paper may, upon proving the fact of inadvertence to the
satisfaction of the Presiding Officer and returning the ballot
paper to him, obtain another ballot paper and cast his vote by
such other ballot paper.
(2) The Presiding Officer shall forthwith cancel the ballot paper
returned to him under sub-section (1), make a note to that effect
on the counterfoil over his own signature and sign the cancelled
ballot paper, and place it in a separate packet labelled "Spoilt
Ballot Papers".
34. Voting after close of:- No person shall be given any ballot paper
or be permitted to vote after the hour fixed for the close of the
poll, except the persons who at that hour are present within the
building, room, tent, or enclosure in which the polling station is
situated and have not voted but are waiting to vote.
35. Proceedings at the close of the poll:- (1) Immediately after the
last of such persons, if any, as are present and waiting to vote as
mentioned in section 34, has voted, the Presiding Officer shall,
in the presence of such of the contesting candidates, election
agents and polling agents as may be present, proceed with the
count of votes.
(2) The Presiding Officer shall give such of the contesting

candidates, election agents and polling agents as may be present,
Volume II: 1963-1970 163
reasonable facility of observing the count and give them such
information with respect thereto as can be given consistently
with the orderly conduct of the count and the discharge of his
duties in connection therewith.
(3) No persons other than the Presiding Officer, the polling

Officer, any other person on duty in connection with the poll, the
contesting candidates, their election agents and polling agents
shall be present at the count.
(4) The Presiding Officer shall:
(a) open the used ballot box or ballot boxes and count the entire
lot of ballot papers taken out therefrom ;
(b) open the packet labelled, 'challenged ballot paper' and

include the ballot papers therein in the count;
(c) count, in such manner as may be prescribed, the votes cast in

favour of each contesting candidate excluding from the
count the ballot papers which bear:
(i) no official mark ;
(ii) any writing or any mark other than the official mark and
the prescribed mark or to which a piece of paper or any
other object of any kind has been attached ;
(iii) no prescribed mark indicating the contesting candidate

for whom the elector has voted ; or
(iv) any mark from which it is not clear for whom the elector
has voted, provided that a ballot paper shall be deemed
to have been marked in favour of a candidate if the
whole or more than half of the area of the prescribed
mark appears clearly within the space containing the
name and symbol of that candidate, and where the
prescribed mark is divided equally between two such
spaces, the ballot paper shall be deemed not to show
clearly for whom the elector has voted.
(5) The Presiding Officer may recount the votes:
(a) of his own motion if he considers it necessary; or

164 Volume II: 1963-1970
(b) upon the request of a contesting candidate or an election
agent present if, in his opinion, the request is not
unreasonable.
(6) The valid ballot papers cast in favour of each contesting

candidate shall be put in separate packets and each such packet
shall be sealed and shall contain a certificate as to the number of
ballot papers put in it and shall also indicate the nature of the
contents thereof specifying the name and symbol of the
contesting candidate to whom the packet relates.
(7) The ballot papers excluded from the count shall be put in a
separate packet indicating thereon the Total number of ballot
papers contained therein.
(8) The packets mentioned in sub-section (6) and (7) shall be put
in a principal packet which shall be sealed by the Presiding
Officer.
(9) The Presiding Officer shall, immediately after the count,

prepare a statement of the count in such form as may be
prescribed showing therein the number of valid votes polled by
each contesting candidate and the ballot papers excluded from
the count.
(10) The Presiding Officer shall also prepare in the prescribed

form a ballot paper account showing separately:
(a) the number of ballot papers entrusted to him ;
(b) the number of ballot papers taken out of the ballot boxes and
counted ;
(c) the number of tendered ballot papers ;
(d) the number of challenged ballot papers ;
(e) the number of un-issued ballot papers ; and
(f) the number of spoilt ballot papers.
(11) The Presiding Officer shall, if so requested by any candidate

or election agent or polling agent present, give him a certified
copy of the statement of the count and the ballot paper account.
Volume II: 1963-1970 165
(12) The Presiding Officer shall seal in separate packets:
(a) the un-issued ballot papers ;
(b) the spoilt ballot papers;
(c) the tendered ballot papers ;
(d) the challenged ballot papers ;
(e) the marked copies of the electoral rolls ;
(f) the counterfoils of used ballot papers ;
(g) the tendered votes list;
(h) the challenged votes list; and
(i) such other papers as the Returning Officer may direct.
(13) The Presiding Officer shall obtain one each statement and
packet prepared under this section the signature of such of the
contesting candidates or their election agents or polling agents as
may desire to sign it.
(14) A person entitled to sign a packet or statement under sub-

section (13) may, if he so desires, also affix his seal to it.
(15) After the close of the proceeding under the foregoing sub-
sections, the Presiding Officer shall, in compliance with such
instructions as may be given by the Commissioner in this behalf,
cause the packets, the statement of the count and the ballot paper
account prepared by him to be sent to the Returning Officer
together with such other records as the Commissioner may
direct.
36. Consolidation of result:- (1) The Returning Officer shall give

the contesting candidates and their election agents a notice in
writing of the day, time and place for the consolidation of the
results and, in the presence of such of the contesting candidates
and election agents as may be present, consolidate in the
prescribed manner the results of the count furnished by the
Presiding Officers including therein the postal ballots received
by him before the time aforesaid.
166 Volume II: 1963-1970
(2) Before consolidating the results of the count, the Returning
Officer shall examine the ballot papers excluded from the count
by the Presiding Officer and, if he finds that any such ballot
paper should not have been so excluded, count it as a ballot
paper cast in favour of the contesting candidate for whom the
vote has been cast thereby.
(3) The Returning Officer shall also count the ballot papers
received by him by post in such manner as may be prescribed
and include the votes cast in favour of each contesting candidate
in the consolidated statement except those which he may reject
on any of the grounds mentioned in sub-section (4) of section 35.
(4) The ballot papers rejected by the Returning Officer under

sub-section (3) shall be shown separately in the consolidated
statement.
(5) The Returning Officer shall not recount, the valid ballot
papers in respect of any polling station, unless:
(a) the count by the Presiding Officer is challenged in writing by

a contesting candidate or his election agent and the
Returning Officer is satisfied about the reasonableness of the
challenge ; or
(b) he is directed so to do by the Commissioner.
37. Equality of votes:- Where, after consolidation of the results of

the count under section 36, it is found that there is equality of
votes between two or more contesting candidates and the
addition of one vote for one such candidate would entitle him to
be declared elected, the Returning Officer shall forthwith draw a
lot in respect of such candidates, and the candidate on whom the
lot falls shall be deemed to have received the highest number of
votes entitling him to be declared elected. The lot shall be drawn
in the presence of such of the contesting candidates and their
election agents as may be present. The Returning Officer shall
record the proceedings in writing and obtain thereon the
signatures of such candidates and election agents as have been
witnesses to the proceeding.
38. Declaration of results:- (1) The Returning Officer shall, after

obtaining the result of the count under section 36 or of the
drawal of the lot under section 37, declare by public notice the
contesting candidate who has or is deemed to have received the
Volume II: 1963-1970 167
highest number of votes to be elected.
(2) The public notice shall contain the name of, and the total
number of votes received by, each contesting candidate.
(3) The Returning Officer shall, immediately after publication of

the notice under sub-section (1), submit to the Commissioner a
return of the election in the prescribed form together with a copy
of the consolidated statement.
(4) The Commissioner shall publish in the official Gazette the

name of the returned candidate.
39. Resealing of packets and supply of copies:- The Returning

Officer shall:
(a) immediately after preparing the consolidated statement and

the return of election, reseal in the prescribed manner the
packets and statements opened by him for the purpose of
consolidation permitting such of the candidates and their
election agents, as may be present to sign the packets and
affix their seals to such packets if they so desire; and
(b) supply duly attested copies of the consolidated statement and

the return of election to such of the candidates and their
election agents as may desire to have them.
40. Return on forfeiture of deposit:- (1) After the termination of

the proceedings relating to an election under section 16 where
the proceedings have been so terminated, or alter the declaration
of the result of an election under section 18, or section 38, the
deposit made under section 12 in respect of any candidate shall
be returned to the person making it or to his legal representative
except the deposit in respect of a candidate who has received less
then one eighth of the total number of votes cast at the election.
(2) A deposit which is not required to be returned under sub-

section (1) shall be forfeited to the Government.
41. Documents to be sent to and retained by the Commissioner:-

(1) The Returning Officer shall forward to the Commissioner:
(a) the packets containing the ballot papers each of which shall
be sealed with the seal of the Presiding Officer or, if opened
by the Returning Officer, with seal of the Returning Officer;
168 Volume II: 1963-1970
(b) the packets containing the counterfoils of issued ballot

papers ;
(c) the packets containing the marked copies of the electoral

rolls ;
(d) the packets containing the ballot paper account;
(e) a packet containing the tendered ballot papers, the

challenged ballot papers, the tendered votes list and the
challenged votes list; and
(f) such other papers as the Commissioner may direct.
(2) The Returning Officer shall endorse on each packet

forwarded under sub-section (1) the description of its contents,
the date of the election to which the contents relate and the name
and number of the constituency for which the election was held.
(3) The Commissioner shall retain the documents contained in

the packets received under sub-section (1) for a period of one
year from the date of their receipt and thereafter shall, unless
otherwise by a Tribunal, cause them to be destroyed.
42. Public inspection of documents:- The documents retained by

the Commissioner under section 41, except the ballot paper, shall
be open to public inspection at such time and subject to such
conditions as may be prescribed and the Commissioner shall,
upon an application made in this behalf and on payment of such
fee and subject to such conditions as may be prescribed, furnish
copies of, or extracts from, those documents.
43. Order for Production of documents:- (1) A Tribunal may

order the opening of packets of counterfoils and certificates or
the inspection of any counted ballot papers.
(2) An order under sub-section (1) may be made subject to such

conditions as to persons, time, place and mode of inspection,
production of documents and opening of packets as the Tribunal
making the order may think expedient:
Provided that in making and carrying into effect an order for

the inspection of counted ballot paper, care shall be taken that no
vote shall be disclosed until it has been held by the Tribunal to
Volume II: 1963-1970 169
be invalid.
(3) Where an order is made under sub-section (1), the production

by the Commissioner of any document in such manner as may be
directed by the order shall be conclusive evidence that the
document relates to the election specified in the order, and any
endorsement or any packet of ballot papers so produced shall
prima facie evidence that the ballot papers, are what the
endorsement states them to be.
(4) The production from proper custody of a ballot paper

purporting to have been used at an election, and of a counterfoil
having a number, shall be prima facie evidence that the elector
whose vote was given by that ballot paper was the elector who
had on the electoral roll the same number as was written on the
counterfoil.
(5) Save as in this section provided, no person shall be allowed

to inspect any rejected or counted ballot paper in the possession
of the commissioner.
CHAPTER V
ELECTION EXPENSES
44. Definition:- In this Chapter, "election expenses" means any

expenditure incurred or payment made, whether by way of gift,
loan, advance, deposit or otherwise, for the arrangement, conduct
or benefit of, or in connection with, or incidental to, the election
of a candidate, including the expenditure on account of issuing
circulars or publications or otherwise presenting to the electors
the candidate or his views, aims or objects, but does not include
the deposit made under section 12.
45. Restriction on election expenses:- (1) No person shall, except

to the extent provided in sub-section (2) make any payment
whatsoever towards the election expenses of a candidate except
to the election agent of such candidate.
(2) No person other than the election agent of a contesting

candidate shall incur any election expenses of such candidate ;
provided that:
(i) a contesting candidate himself may incur a personal

expenditure in connection with his election of an amount not
exceeding two hundred rupees, and
170 Volume II: 1963-1970
(ii) any person may, if so authorised by the election agent in

writing specifying a maximum amount, to the extent of such
amount, make payment for stationery, postage, telegram and
other petty expenses.
(3) The election expenses of a contesting candidate, excluding

the personal expenditure incurred by such candidate, shall not
exceed fifteen thousand rupees.
(4) Any candidate incurring personal expenditure and any person

making any payment under sub-section (2) shall, within fourteen
days of the declaration of the result of the election, send to the
election agent a statement of such expenditure or particulars of
such payment.
(5) An election agent shall, by a bill stating the particulars and

by a receipt voucher for every payment made in respect of
election expenses except where the amount is less than twenty
five rupees.
46. Return of election expenses:- (1) Every election agent of a

contesting candidate shall, within thirty five days after the
publication of the name of the returned candidates under section
18, or section 38, submit to the Returning Officer a return of
election expenses in the prescribed form containing:
(a) a statement of all payments made by him together with all

the bills, and receipts;
(b) a statement of the amount of personal expenditure if any,

incurred by the contesting candidate ;
(c) a statement of all disputed claims of which the election agent

is aware ;
(d) a statement of all unpaid claims, if any, of which the election

agent is aware; and
(e) a statement of all moneys, securities or equivalent of money

received from any person for the purpose of election
expenses specifying the name of every such person.
(2) The return submitted under sub-section (1) shall be

accompanied by an affidavit sworn severally by the contesting
Volume II: 1963-1970 171
candidate and his election agent, or, where a contesting
candidate in his own election agent, only by such candidate.
47. Inspection of returns, etc:- (1) The return and document,

submitted under section 46 shall be kept by the Returning
Officer in his office or at such other convenient place as he may
think fit and shall, during one year from the date of their receipt
by him, be open to inspection by any person on payment of the
prescribed fee.
(2) The Returning Officer shall, on an application made in this

behalf and payment of the prescribed fee, give any person copies
of any return or document kept under sub-section (1) or of any
part thereof.
CHAPTER VI
ELECTION TO SEATS RESERVED FOR WOMEN
48. Election to women's seat:- (1) Nothing in Chapters IV and V

shall apply to an election to fill a seat reserved for women in the
State Council.
(2) The member for the seat reserved for women in the State
Council shall be elected by persons elected to the other seats in
the State Council.
(3) The Commissioner shall hold and conduct the election to fill
the seat reserved for women in the State Council in such manner
as he may think fit.
CHAPTER VII
ELECTION DISPUTES
49. Election petition:- (1) No election shall be called in question

except by an election petition made by a candidate for that
election.
(2) An election petition shall be presented to the Commissioner

within such time as may be prescribed and shall be accompanied:
(a) in the case of a petitioner residing in Azad Jammu and

Kashmir Territory, by a receipt showing that a sum of one
thousand rupees has been deposited in a Government
Treasury or sub-Treasury; or
172 Volume II: 1963-1970
(b) in the case of a petitioner residing outside Azad Jammu and
Kashmir Territory, by a bank draft of one thousand rupees in
favour of the Accountant General, Azad Jammu and
Kashmir Government, as security for the costs of the
petition.
50. Parties to the petition:- The petitioner shall join as respondents

to his election petition:
(a) all contesting candidates; and
(b) any other candidate against whom any allegation, if any, of

any corrupt or illegal practice is made and shall serve
personally or by registered post on each such respondent a
copy of his petition.
51. Contents of petition:- (1) Every election petition shall contain:
(a) a precise statement of the material facts on which the

petitioner relies;
(b) full particulars of any corrupt or illegal practice or other

illegal act alleged to have been committed, including as full
a statement as possible of the names of the parties alleged to
have committed such corrupt or illegal practice or illegal act
and the date and place of the Commission of such practice or
act; and
(c) the relief claimed by the petitioner.
(2) A petitioner may claim as relief any of the following

declarations namely:-
(a) that the election of the returned candidate is void;
(b) that the election of the returned candidate is void and that the
petitioner or some other person has been duly elected; or
(c) that the election as a whole is void.
(3) Every election petition and every schedule or annex to that

petition shall be signed by the petitioner and verified in the
manner laid down in the Code of Civil procedure, 1908, for the
verification of pleadings.
Volume II: 1963-1970 173
52. Procedure on receipt of petition by the Commissioner:- (1)
The Commissioner shall return an election petition to the
petitioner if he finds that it has not been presented within the
time prescribed therefore or is not accompanied by a receipt of
the deposit required to be made under sub-section (2) of section
49.
(2) If an election petition is not returned under sub-section (1),

the Commissioner shall refer it for trial to a tribunal.
53. Appointment of Tribunal:- (1) For the trial of election petitions

under this Ordinance, the Commissioner shall appoint as many
Election Tribunals as may be necessary.
(2) A tribunal shall consist of a person who is, or has been, or is,
or at the time of his retirement as a District and Sessions Judge
was, qualified to be, a Judge of the High Court.
54. Power to transfer Petition:- (1) The Commissioner, either of

his own motion or on an application made in this behalf by any
of the parties, may, at any stage, transfer an election petition
from one Tribunal to another Tribunal, and the Tribunal to which
the election petition is so transferred shall proceed with the trial
of the petition from the stage at which it is transferred :
Provided that the Tribunal to which an election petition is so

transferred may, if it thinks fit, recall and examine any of the
witnesses already examined.
55. Place of trial:- The trial of an election petition shall be held at

such place or places, as the Tribunal may think fit.
56. Government Advocate to assist the Tribunal:- The

Government Advocate shall, if a Tribunal so requires, assist the
Tribunal at the hearing of an election petition in such manner as
it may require.
57. Appearance before Tribunal:- Any appearance, application or

act before a Tribunal may be made or done by a party in person
or by an advocate or any other person entitled or allowed to
plead in any civil Court and duly appointed to act on his behalf :
Provided that the Tribunal may, where it considers it

necessary, direct any party to appear in person.
174 Volume II: 1963-1970
58. Procedure before Tribunal:- (1) Subject to the provisions of
this Ordinance and the rules, every election petition shall be
tried, as nearly as may be, in accordance with the procedure for
the trial of suits under the Code of Civil Procedure, 1908 :
Provided that the Tribunal may—
(a) make a memorandum of the substance of the evidence of

each witness as his examination proceeds unless it considers
that there is special reason for taking down the evidence of
any witness in full; and
(b) refuse to examine a witness if it considers that his evidence

is not material or that he has been called on a frivolous
ground for the purpose of delaying the proceedings.
(2) Subject to the provisions of this Ordinance, the Evidence Act,

1872, shall apply for the trial of an election petition.
(3) The Tribunal may, at any time, upon such terms and on
payment of such fee as it may direct, allow a petition to be
amended in such manner as may, in its opinion, be necessary for
ensuring a fair and effective trial and for determining the real
questions at issue, so however that no new ground of challenge
to the election is permitted to be raised.
(4) At any time during the trial of an election petition, the

Tribunal may call upon the petitioner to deposit such further sum
by way of security, in addition to the sum deposited under
section 49, as it may think fit.
59. Dismissal of petition during trial:- The Tribunal shall dismiss

an election petition, if:
(a) the provisions of section 50 or section 51 have not been

complied with; or
(b) the petitioner fails to make the further deposit required under
sub-section (4) of section 58.
60. Powers of the Tribunal:- (1) The Tribunal shall have all the
powers of a civil court trying a suit under the Code of Civil
procedure, 1908, and shall be deemed to be a civil court within
the meaning of sections 480 and 482 of the Code of Criminal
Procedure, 1898.
Volume II: 1963-1970 175
(2) For the purpose of enforcing attendance of witnesses, the

jurisdiction of the Tribunal shall extend to the whole of the Azad
Jammu and Kashmir Territory.
61. Further provision relating to evidence and witnesses:- (1)

Notwithstanding anything to the contrary contained in any other
law for the time being in force, no document shall be
inadmissible in evidence at the trial of an election petition only
on the ground that it is not duly stamped or registered.
(2) No witness shall be excused from answering any question as

to any matter in issue, or relevant to a matter in issue in the trial
of an election petition upon the ground that the answer to each
question may incriminate or tend to incriminate him or that it
may expose or tend to expose him to any penalty for forfeiture
but no witness shall be required or permitted to state for whom
he has voted at an election.
(3) A witness who answers truly all questions which he is

required to answer shall be entitled to receive a certificate of
indemnity from the Tribunal and an answer given by him to a
question put by or before the Tribunal shall not, except in the
case of any criminal proceeding for prejury in respect of his
evidence, be admissible in evidence against him in any civil or
criminal proceedings.
(4) A certificate of indemnity granted to any witness under sub-

section (3) may be pleaded by him in any court and shall be a
full and complete defence to or upon any charge under Chapter
IXA of the Azad Penal Code or under this Ordinance, arising out
of the matter to which such certificate relates, but it shall not be
deemed to relieve him from any disqualification in connection
with an election imposed by any law for the time being in force.
(5) The reasonable expenses incurred by any person in attending

to give evidence may be allowed to him by the Tribunal and
shall, unless the Tribunal otherwise directs, be deemed to be part
of the costs.
62. Recrimination where seat is claimed:- (1) Where in an election

petition a declaration is claimed that a candidate other than the
returned candidate has been duly elected, the returned candidate
or any other party may produce evidence to prove that the
election of such other candidate would have been declared void
176 Volume II: 1963-1970
had he been the returned candidate and had a petition been
presented calling his election in questions :
Provided that the returned candidate or such other party as

aforesaid shall not be entitled to give such evidence unless he
has, within the fourteen days next following the commencement
of the trial, given notice to the Tribunal of his intention so to do
and has also deposited the security referred to in section 49.
(2) Every notice referred to in sub-section (1) shall be

accompanied by a statement of the case, and all the provisions
relating to the content verification, trial and procedure of an
election petition, or to the security deposit in respect of an
election petition shall apply to such a statement as if it were an
election petition.
63. (1) The Tribunal may, upon the conclusion of the trial of an
election petition, make an order—
(a) dismissing the petition ;
(b) declaring the election of the returned candidate to be void ;
(c) declaring the election of the returned candidate to be void

and the petitioner or any other contesting candidate to have
been duly elected ; or
(d) declaring the election as a whole to be void.
(2) Save as provided in sub-section (3), the decision of a

Tribunal on an election petition shall be final.
(3) Any person aggrieved by a decision of the Tribunal may,

within thirty days of the announcement of the decision, appeal to
the High Court on any of the ground enumerated in section 100
of the Code of Civil Procedure, 1908 (Act V of 1908) and the
decision of the High Court on such appeal shall be final. Every
such appeal shall be heard by a Division Bench of two Judges of
the High Court.
64. Ground for declaring election of returned candidate void:-

(1) The Tribunal shall declare the election of the returned
candidate to be void if it is satisfied that:
(a) the nomination of the returned candidate was invalid; or

Volume II: 1963-1970 177
(b) the returned candidate was not, on the nomination day,

qualified for, or was disqualified from being elected as a
member; or
(c) the election of the returned candidate has been procured or

induced by any corrupt or illegal practice; or
(d) a corrupt or illegal practice has been committed by the

returned candidate or his election agent or by any other
person with the connivance of the candidate or his election
agent.
(2) the election of a returned candidate shall not be declared void

on the ground:
(a) that any corrupt or illegal practice has been committed if the
Tribunal is satisfied that it was not committed by, or with the
consent or connivance of that candidate or his election agent
and that the candidate and the election agent took all
reasonable precaution to prevent its commission; or
(b) that any of the other, contesting candidates was, on the

nomination day, not qualified for, or was disqualified from,
being elected as a member.
65. Ground for declaring a person other than a returned

candidate elected:- The Tribunal shall declare the election of
the returned candidate to be void and the petitioner or any other
contesting candidate to have been duly elected, if it is so claimed
by the petitioner or any of the respondents and the Tribunal is
satisfied that the petitioner or such other contesting candidate
was entitled to be declared elected.
66. Ground for declaring election as a whole void:- The Tribunal

shall declare the election as a whole to be void if it is satisfied
that the result of the election has been materially affected by
reason of:
(a) the failure of any person to comply with the provisions of

this Ordinance or the rules; or
(b) the prevalence of extensive corrupt or illegal practice at the

election.
178 Volume II: 1963-1970
67. Decision in case of equality of votes:- (1) Where, after the
conclusion of the trial, it appears that there is an equality of votes
between two or more contesting candidates, and the addition of
one vote for one such candidate would entitle him to the declared
elected, the Tribunal shall so inform the Commissioner. In the
event that no appeal is filed against the decision of the Tribunal,
the Commissioner shall, after expiry of the period specified for
the filing of an appeal, direct a fresh poll to be taken in respect of
the said candidates, and fix a date for such poll, but otherwise,
the Commissioner shall await the result of the appeal and shall
act as above only if the decision of the Tribunal is upheld in
appeal on all points.
(2) All the provisions of this Ordinance relating to polling,

counting of votes, preparation of ballot paper account,
declaration of result and preservation and inspection of
documents shall apply to the fresh poll as at an election held
under the provisions of this Ordinance.
68. Other provisions relating to Tribunal:- (1) An order of a

Tribunal under section 63 shall take effect on the date on which
it is made and shall be communicated to the Commissioner who
shall publish it in the official Gazette.
(2) The Tribunal, shall, after an election petition has been

disposed of, forward the record thereof to the Commissioner who
shall retain such record for a period of five years from the date of
its receipt and shall thereafter cause it to be destroyed.
69. Withdrawal of petition:- (1) An election petition may be

withdrawn:
(a) before a Tribunal has been appointed, by leave of the

Commissioner ; and
(b) after a Tribunal has been appointed, by leave of the Tribunal.
70. Abatement on death of petitioner:- (1) An election petition

shall abate on the death of a sole petitioner or of the sole
survivor of several petitioners.
(2) Where a petition abates under sub-section (1) after a Tribunal

has been appointed, notice of the abatement shall be given by the
Tribunal to the Commissioner.
Volume II: 1963-1970 179
71. Death or withdrawal of respondent:- If, before the conclusion
of the trial of an election petition, a respondent dies or gives
notice in the prescribed form that he does not intend to contest
the petition, and no respondent remains to contest the petition,
the Tribunal shall, without any further hearing, or after giving
such persons as it may think fit an opportunity of being ‘Heard’,
decide the case exparte.
72. Failure of petitioner to appear:- Where, at any stage of the trial

of an election petition, no petitioner makes an appearance, the
Tribunal may dismiss the petition for default, and make such
order as to costs as it may think, fit.
73. Order as to costs:- (1) The Tribunal shall, when making an

order under section 63, also make an order determining in its
discretion the costs and specifying the persons by and to whom
such costs are to be paid.
(2) If, in any order as to costs under sub-section (1), there is a

direction for the payment of costs by any party to any person,
such costs shall, if they have not already been paid, by payable in
full, and shall upon application in writing in that behalf made to
the Commissioner within six months of the order by the person
to whom costs have been awarded, be paid, as far as possible,
out of the security for costs deposited by such party.
(3) Where no costs have been awarded against a party who has
deposited security for costs, or where no application for payment
of costs has been made within the aforesaid six months, or where
a residue remains after costs have been paid out of the security,
such security or the residue thereof, as the case may be, shall,
upon application in writing therefore by the person who made
the deposit or by his legal representative, be returned by the
Commissioner to the person making the application.
(4) Any order for costs may be enforced upon application in

writing made to the principal civil court of original jurisdiction
of the district in which the person from whom the costs are to be
recovered resides or owns property, or of the district in which the
constituency, or any part of the constituency, to which the
disputed election relates is situated, as if such order were a
decree passed by that court:
Provided that no proceeding shall be brought under this sub-

section except in respect of costs which have not been recovered
180 Volume II: 1963-1970
by an application under subsection (2).
CHAPTER VIII
OFFENCE PENALTY AND PROCEDURE
74. Corrupt practice:- A person is guilty of corrupt practice

punishable with imprisonment for a term which may extend to
two years, or with fine which may extend to one thousand
rupees, or with both if he:
(1) contravenes the provision of section 45;
(2) is guilty of bribery, personation or undue influence ;
(3) makes or publishes a false statement:
(a) concerning the personal character of a candidate or any of

his relations calculated to adversely affect the election of
such candidate or for the purpose of promoting or procuring
the election of another candidate unless he proves that he
had reasonable grounds for believing, and did believe, the
statement to be true;
(b) relating to the symbol of a candidate, whether or not such

symbol has been allocated to such candidate ; or
(c) regarding the withdrawal of a candidate ;
(4) calls upon or persuades any person to vote, or to refrain from

voting, for any candidate on the ground that he belongs to a
particular religion, community, race, caste, sect or tribe ;
(5) knowingly, in order to support or oppose a candidate lets,

lends, employs, hires, borrows or uses any vehicle or vessel for
the purpose of conveying to or from the polling station any
elector except himself and members of his immediate family; or
(6) causes or attempts to cause any person present and waiting to

vote at the polling station to depart without voting.
75. Illegal practice:- A person is guilty of illegal practice

punishable with fine which may extend to five hundred rupees, if
he:
(1) fails to comply with the provisions of section 46 ;

Volume II: 1963-1970 181
(2) obtains or procures, or attempts or obtain or procure, the

assistance of any person in the service of Azad Jammu and
Kashmir or in the service of Pakistan to further or hinder the
election of a candidate;
(3) votes on applies for a ballot paper for voting at an election

knowing that he is not qualified for, or is disqualified from,
voting;
(4) votes or applies for ballot paper for voting more than once in
the same polling station;
(5) votes or applies for a ballot paper for voting in more than one
polling station for the same election;
(6) removes a ballot paper from a polling station during the poll;
or
(7) knowingly induces or procures any person to do any of

aforesaid acts.
76. Bribery:- A person is guilty of bribery, if he, directly or

indirectly by himself or by any other person on his behalf.
(1) receives or agrees to receive or contracts for any gratification

for voting or refraining from voting, or for being or refraining
from being a candidate at, or for withdrawing from, an election;
(2) gives, offers or promises any gratification to any person:
(a) for the purpose of inducing:
(i) a person to be, or to refrain from being a candidate at an

election;
(ii) an elector to vote, or refrain from voting, at an election ;

or
(iii) a candidate to withdraw from an election; or
(b) for the purpose of rewarding:
(i) a person for having been, or for having refrained from

being, a candidate at an election ;
182 Volume II: 1963-1970
(ii) an elector for having voted or refrained from voting at an

election; or
(iii) a candidate for having withdrawn from an election.
Explanation:- In this section, "gratification" includes a

gratification in money or estimable in money and all
forms of entertainment or employment.
77. Personation:- A person is guilty of personation if he votes, or

applies for a ballot paper for voting, as some other person
whether that other person is living or dead or fictitious.
78. Undue influence:- A person is guilty of undue influence, if he:-
(1) in order to induce or compel any person to vote or refrain

from voting, or to offer himself as a candidate, or to withdraw
his candidature, at an election, directly or indirectly, by himself
or by any other person on his behalf:
(a) makes or threatens to make use of any force, violence or

restraint;
(b) inflicts or threatens to inflict any injury, damage, harm or

loss ;
(c) calls down or threatens to call down divine displeasure or the

displeasure of any saint or pir;
(d) gives or threatens to give any religious sentence; or
(e) use any official influence or governmental patronage ; or
(2) on account of any person having voted or refrained from

voting or having offered himself as candidate or having
withdrawn his candidature, does any of the acts, specified in
clause (1); or
(3) by abduction, duress or any fraudulent device or contrivance:
(a) impedes or prevents the free exercise of the franchise by an

elector; or
(b) compels, induces or prevails upon any elector to vote or

Volume II: 1963-1970 183
refrain from voting.
Explanation:- In this section, "harm" includes social ostracism or

ex-communication or expulsion from any caste or
community.
79. Prohibition of public meetings, etc., during certain period:-

(1) No person shall convene hold or attend any public meeting,
and no person shall promote or join in any procession within the
area of any constituency, during a period of forty-eight hours
ending at mid-night following the conclusion of the poll for any
election in that constituency.
(2) Any person who contravenes the provisions of sub-section

(1) shall be punishable with rigorous imprisonment which may
extend to six months, or with fine which may extend to one
thousand rupees, or with both.
80. Prohibition of canvassing in or near polling station:- A

person is guilty of an offence punishable with fine which may
extend to two hundred and fifty rupees if he, within a radius of
four hundred yards of the polling station, on the polling day:
(1) convasses for votes;
(2) solicits the vote of any elector;
(3) persuades any elector not to vote at the election or for a

particular candidate ; or
(4) exhibits, except with the permission of the Returning Officer

and at a place reserved for the candidate or his election agent
beyond the radius of one hundred yards of the polling station,
any notice, sign, banner or flag designed to encourage the
electors to vote, or discourage the electors from voting for any
contesting candidate.
81. Disorderly conduct near polling station:- A person is guilty of

an offence punishable with imprisonment for a tenure which may
extend to three months, or with fine which may extend to two
hundred and fifty rupees, or with both, if he, on the polling day:
(1) uses, in such manner audible within the polling station any
gramophone, megaphone, loudspeaker or other apparatus for
reproducing or amplifying sounds ;
184 Volume II: 1963-1970
(2) persistently shouts in such manner as to be audible within

the polling station;
(3) does any act which:
(a) disturbs or causes annoyance to any elector visiting a polling

station for the purpose of voting; or
(b) interferes with the performance of the duty of Presiding

Officer, or any Polling Officer, Polling Assistant and other
person performing any duty at a polling station ; or
(4) abets the doing of any of the aforesaid acts.
82. Tampering with papers:- (1) Except as provided in sub-section

(2) a person is guilty of an offence punishable with
imprisonment for a term which may extend to six months, or
with fine which may extend to five hundred rupees, or with both,
if he:
(a) intentionally defaces or destroys any nomination paper,

ballot paper or official mark on a ballot paper;
(b) intentionally takes out of the polling station any ballot paper
or puts into any ballot box any ballot paper other than the
ballot paper he is authorised by law to put in;
(c) Without due authority:
(i) supplies any ballot paper to any person ;
(ii) destroys, takes, opens or otherwise interferes with any

ballot box or packet of ballot papers in use for the
purpose of election ; or
(iii) breaks any seal affixed in accordance with the

provisions of this Ordinance;
(d) forges any ballot paper or official mark; or
(e) causes any delay or interruption in the beginning; conduct or

completion of the procedure required to be immediately
carried out on the close of the poll.
Volume II: 1963-1970 185
(2) A Returning Officer, Assistant Returning Officer, Presiding
Officer, Polling Officer, or any other officer or clerk on duty in
connection with the election, who is guilty of an offence under
sub-section (1), shall be punishable with imprisonment for term
which may extend to two years, or with fine which may extend
to one thousand rupees, or with both.
83. Interference with the Secrecy of voting:- A person is guilty of

an offence punishable with imprisonment for a term which may
extend to six months, or with fine which may extend to five
hundred rupees or with both, if he:
(1) interferes or attempts to interfere with an elector when he

records his vote;
(2) in any manner obtains or attempts to obtain in a polling

station information as to the candidate for whom an elector is
about to vote or has voted; or
(3) communicates at any time any information obtained in a

polling station as to the candidate for whom an elector is about to
vote or has voted.
84. Failure to maintain secrecy:- A Returning Officer, Assistant

Returning Officer or Polling Officer, or any candidate, election
agent or polling agent attending a polling station, or any person
attending at the counting of votes is guilty of an offence
six months, or with fine which may extend to five hundred
rupees, or with both, if he:
(1) fails to maintain or aid in maintaining the secrecy of voting;
(2) communicates, except for any purpose authorised by any

law, to any person before the poll is closed any information as to
the official mark; or
(3) communicates any information obtained at the counting of

votes as to the candidate for whom any vote is given by any
particular ballot paper.
85. Officials not to influence voters:- A Returning Officer,

Assistant Returning Officer, Presiding Officer, Polling Officer or
any other officer or clerk performing a duty in connection with
an election, or any member of police force, for guilty of an
186 Volume II: 1963-1970
offence punishable with imprisonment for a term which may
hundred rupees, or with both, if he, in the conduct or
management of an election or maintenance of order at a polling
station:
(1) persuades any person to give his vote;
(2) dissuades any person from giving his vote;
(3) influences in any manner the voting of any person; or
(4) does any other act calculated to influence the result of the
election.
86. Breaches of Official duty in connection with election:- A

Returning Officer, Assistant Returning Officer, Presiding
Officer, Polling Officer or any other person employed by any
officer in connection with his official duties imposed by or under
this Ordinance, is guilty of an offence punishable with fine
which may extend to five hundred rupees, if he wilfully and
without reasonable cause; commits breach of any such official
duty, by act or omission.
87. Assistance by Government Servant:- A person in the service

of Azad Jammu and Kashmir is guilty of an offence punishable
with imprisonment for a term which may extend to two years, or
with fine which may extend to one thousand rupees, or with
both, if he misuses his official position in a manner calculated to
influence the result of the election.
88. Certain powers of a Police Officer:- A police officer may:
(1) arrest without warrant, notwithstanding anything contained

in the Code of Criminal Procedure, 1898 (Act V of 1898), any
person:
(a) who, commits personation or an offence under section 81 if

the Presiding Officer directs him to so arrest such person ;
(b) who, being removed from the polling station by the

Presiding Officer under section 29 commits any offence at
(2) remove any notice, sign, banner or flag used in contravention

Volume II: 1963-1970 187
of section 80; and
(3) seize any instrument or apparatus used in contravention of

section 81 and take such steps, including use of force, as may be
reasonably necessary for preventing such contravention.
89. Certain offences cognizable:- Notwithstanding anything

1898), an offence under section 74 or section 80 or sub-section
(1) of section 82 shall be a cognizable offence.
90. Prosecution of offences by public officers:- (1) No court shall

take cognizance of an offence under sub-section (2) of section
82, section 84, section 85, section 86, or section 87, except upon
a complaint in writing made by order of, or under authority from,
the Commissioner.
(2) The Commissioner shall, if he has reason to believe that any

offence specified in sub-section (1) has been committed, cause
such enquiries to be made or prosecution to be instituted as he
may think fit.
91. Limitation for prosecution for corrupt or illegal practices:-

No prosecution for an offence under section 74 or section 75,
shall be commenced except:
(a) within six months of the commission of the offence ; or
(b) if the election at which the offence was committed is subject

to an election petition and a Tribunal has made an order in
respect of such offence, within three months of the date of
such order.
92. Commissioner to ensure fair election etc:- Save as otherwise

provided, the Commissioner may issue such instructions and
exercise such powers, including the power to revise an order
passed by any officer under this Ordinance or the rules, and
make such consequential orders as may, in his opinion, be
necessary for ensuring that an election is conducted honestly,
justly and fairly, and in accordance with the provision of this
Ordinance and the rules.
93. Jurisdiction of courts barred:- No court shall question the

legality of any action taken in good faith by or under the
authority of the Commissioner, a Returning Officer, Presiding
188 Volume II: 1963-1970
Officer or Polling Officer or any decision given by any of them
or by any other officer or authority appointed under this
Ordinance or the rules.
94. Protection of action taken in good faith:- No suit, prosecution

or other legal proceeding shall lie against the Commissioner or
any officer or other person in respect of anything which is in
good faith done or intended to be done under or in pursuance of
this Ordinance or of any rule or order made or any direction
given thereunder.
95. Power to make rules:- The Government may, in consultation

with the Commissioner, make rules for carrying out the purposes
of this Ordinance.
________________
Volume II: 1963-1970 189
THE AZAD JAMMU AND KASHMIR PRESIDENTIAL

ELECTIONS OFFENCES AND ENQUIRIES ORDINANCE, 1970
(Ordinance XI of 1970)

dated the 2nd October, 1970.)
AN ORDINANCE
to provide for the punishment of malpractices in connection with

elections to the office of the President.
WHEREAS it is expedient to provide for the punishment of

malpractices in connection with the elections to the office of the
President, Azad Government of the State of Jammu and Kashmir ;
AND WHEREAS the President is satisfied that circumstances

exist which render immediate legislation necessary ;

President is pleased to make and promulgate the following Ordinance :-

called the Azad Jammu and Kashmir Presidential Election
Offences and Enquiries Ordinance, 1970.
2. Definition:- Unless there is anything repugnant in the subject or

context:
(i) 'election' means an election to the office of the President

Azad Government of the State of Jammu and Kashmir;
(ii) 'Government' means the Azad Government of the State of

Jammu and Kashmir;
(iii) 'rules' means rules, framed under section 30 of the Azad

Jammu and Kashmir Government Act, 1970, in relation to
the election of the President, Azad Government of the State
of Jammu and Kashmir;
190 Volume II: 1963-1970
(iv) 'Commissioner' means Election Commissioner appointed or
deemed to be appointed under the Azad Jammu and Kashmir
Electoral Rolls Ordinance, 1970 (Ordinance I of 1970).
3. Corrupt practice:- A person is guilty of corrupt practice

two years, or with fine which may extend to one thousand
rupees, or with both, if he :
(1) contravenes the provision of rule 42;
(2) is guilty of bribery, personation or undue influence;
(3) makes or publishes a false statement:
(a) concerning the personal character of a candidate or any of his

relations calculated to adversely affected the election of such
candidate or for the purpose of promoting or procuring the
election of another candidate unless he proves that he had
reasonable grounds for believing, and did believe, the
statement ;
(b) relating to the symbol of a candidate, whether or not such

symbol has been allocated to such candidate; or
(c) regarding the withdrawal of a candidate;
(d) calls upon or persuades any person to vote, or to refrain from

voting for any candidate on the ground that he belongs to a
particular religion, community, race, caste, sect or tribe;
(e) existingly, in order to support or oppose a candidate lets;

lends; exploys, hires, borrows or use any vehicle or vessel
for the purpose of conveying to or from the polling station
any elector except himself and members of his immediate
family ; or
(f) causes or attempts to cause any person present and waiting

to vote at the polling station to depart without voting.
4. Illegal practice:- A person is guilty of illegal practice

punishable with one which may extend to five hundred rupees, if
he:
(1) fails, to comply with the provisions of rule 3 ;

Volume II: 1963-1970 191
(2) obtains or procures or attempts to obtain or procure the
assistance of any person in the service of Azad Jammu and
Kashmir or in the service of Pakistan to further or hinder the
election of a candidate ;
(3) votes or applies for a ballot paper for voting at an election

knowing that he is not qualified for, or is disqualified from,
voting;
(4) votes or applies for ballot paper for voting more than once in
the same polling station ;
(5) votes or applies for a ballot paper for voting in more than one
polling station for the same election;
(6) removes a ballot paper from a polling station during the poll;
or
(7) knowingly induces or procures any person to do any of
aforesaid acts.
5. Bribery:- A person is guilty of bribery, if he, directly of

indirectly by himself or by any other person on his behalf:
(1) receives or agrees to receive or contracts for any gratification

for voting or refraining from voting, or for being or refraining
from being a candidate at, or for withdrawing from, an election ;
(2) gives, offers or promises any gratification to any person:
(a) for the purpose of inducing:
(i) a person to be, or to refrain from being a candidate at an

election;
(ii) an elector to vote, or refrain from voting, at an election ;

or
(iii) a candidate to withdraw from an election ; or
(b) for the purpose of rewarding:
(i) a person for having been, or for having refrained from

being a candidate at an election ;
(ii) an elector for having voted or refrained from voting at an

192 Volume II: 1963-1970
election; or
(iii) a candidate for having withdrawn from an election;
Explanation:- In this section, 'gratification' includes a

gratification in money or estimable in money and all
forms of entertainment or employment.
6. Personation:- A person is guilty of personation if he votes, or

applies for a ballot paper for voting as some other person
whether that other person is living or dead or fictitious.
7. Undue influence:- A person is guilty of undue influence, if he:

(1) in order to induce or compel any person to vote or refrain
from voting, or to offer himself as a candidate, or to withdraw his
candidature, at an election, directly or indirectly, by himself or
by any other on his behalf:
(a) makes or threatens to make use of any force, violence or
restraint;
(b) inflicts or threatens to inflict any injury, damage, harm or

loss;
(c) calls down or threatens to call down divine displeasure or the

displeasure of any saint or 'pir';
(d) gives or threatens to give any religious sentence ; or
(e) use any official influence or governmental patronage; or
(2) on account of any person having voted or refrained from

voting, or having offered himself as a candidate or having
withdrawn his candidature, does any of the acts, specified in
clause (1) ; or
(3) by abduction, duress or any fraudulent device of contrivance:
(a) impedes or prevents the free exercise of the franchise by an

elector; or
(b) compels, induces or prevails upon any "elector to vote or

refraining from voting.
Explanation:- In this section, 'harm' includes social ostracism or

excommunication or expulsion from any caste or
Volume II: 1963-1970 193
community.
8. Prohibition of public meetings, etc. during certain period:-

(1) No person shall convene, hold or attend any public meeting,
and no person shall promote or join in any procession within the
area of any constituency, during a period of forty-eight hours
ending at mid-night following the conclusion of the poll for any
election in that constituency.
(2) Any person who contravenes the provisions of sub-section

(1) shall be punishable with rigorous imprisonment which may
extend to six months, or with fine which may extend to one
thousand rupees, or with both.
9. Prohibition of convassing in or near polling station:- A

person is guilty of an offence punishable with fine which may
extend to two hundred and fifty rupees if he, within a radius of,
four hundred yards of the polling, station, on the polling day:
(1) convasses for votes;
(2) solicits the vote of any elector;
(3) persuades any elector not to vote at the election or for a

particular candidate; or
(4) exhibits, except with the permission of the Returning Officer

and at a place reserved for the candidate or his election agent,
beyond the radius of one hundred yards of the polling station,
any notice, sign, banner or flag designed to encourage the
electors to vote, or discourage the electors from voting for any
contesting candidate.
10. Disorderly conduct near polling station:- A person is guilty of

extend to three months, or with fine which may extend to two
hundred and fifty rupees, or with both, if he, on the polling day:
(1) uses, in such manner audible within the polling station, any
gramophone, megaphone, loudspeaker, or other apparatus for
reproducing or amplifying sounds;
(2) persistently shouts in such manner as to be audible within

194 Volume II: 1963-1970
(3) does any act which:
(a) disturbs or causes annoyance to any elector visiting a polling

station for the purpose of voting; or
(b) interferes with the performance of the duty of Presiding

Officer, or any Polling Officer Polling Assistant and other
person performing any duty at a polling station ; or
(4) abets the doing of any of the aforesaid acts.
11. Tampering with papers:- (1) Except as provided in sub-section

(2) a person is guilty of an offence punishable with
imprisonment for a term which may extend to six months, or
with fine which may extend to five hundred rupees, or with both,
if he:
(a) intentionally defaces or destroys any nomination paper,

ballot paper or official mark on a ballot paper;
(b) intentionally takes out of the polling station any ballot paper
or puts into any ballot box any ballot paper other than the
ballot paper he is authorised by law to put in ;
(c) without due authority:
(i) supplies any ballot paper to any person;
(ii) destroys, takes, opens or otherwise interferes with any

ballot box or packet of ballot papers in use for the
purpose of election; or
(iii) breaks any seal affixed in accordance with the

provisions of this Ordinance;
(d) forges any ballot paper or official mark ; or
(e) causes any delay or interruption in the beginning; conduct or

completion of the procedure required to be immediately
carried out on the close of the poll.
(2) A Returning Officer, Assistant Returning Officer, Presiding

Officer, Polling Officer, or any other officer or clerk on duty in
connection with the election, who is guilty of an offence under
sub-section (1), shall be punishable with imprisonment for term
Volume II: 1963-1970 195
which may extend to two years, or with fine which may extend
to one thousand rupees; or with both.
12. Interference with the secrecy of voting:- A person is guilty of

hundred rupees or with both, if he:
(1) interferes or attempts to interfere with an elector when he

records his vote;
(2) in any manner obtains or attempts to obtain in a polling

station information as to the candidate for whom an elector is
about to vote or has voted ; or
(3) communicates at any time any information obtained in a

polling station as to the candidate for whom an elector is about to
vote or has voted.
13. Failure to maintain secrecy:- A Returning Officer, Assistant

Returning Officer or Polling Officer, or any candidate, election
agent or polling agent attending a polling station, or any person
attending at the counting of votes is guilty of an offence
six months, or with fine which may extend to five hundred
rupees, or with both, if he:
(1) fails to maintain or aid in maintaining the secrecy of voting ;
(2) communicates, except for any purpose authorised by any

law, to any person before the poll is closed any information as to
the official marks; or
(3) communicates any information obtained at the counting of

votes as to the candidate for whom any vote is given by any
particular ballot paper.
14. Officials not to influence voters:- A Returning Officer,

Assistant Returning Officer, Presiding Officer, Polling Officer or
any other officer or clerk performing a duty in connection with
an election, or any member of police force, is guilty of an
offence punishable with imprisonment for a term which may
hundred rupees, or with both if he in the conduct or management
of an election or maintenance of order at a polling station:
196 Volume II: 1963-1970
(1) persuades any person to give his vote ;
(2) dissuades any person from giving his vote ;
(3) influences in any manner the voting of any person ; or
(4) does any other act calculated to influence the result of the
election.
15. Breaches of official duty in connection with election:- A

Returning Officer, Assistant Returning Officer, Presiding Officer
Polling Officer or any other person employed by any officer in
connection with his official duties imposed by or under this
Ordinance, is guilty of an offence punishable with fine which
extend to five hundred rupees, if he wilfully and without
reasonable cause ; commits breach of any such official duty, by
act or omission.
16. Assistance by Government Servant:- A person in the service

of Azad Jammu and Kashmir is guilty of an offence punishable
with imprisonment for a term which may extend to two years, or
with fine which may extend to one thousand rupees, or with
both, if he misuses his official position in a manner calculated to
influence the result of the election.
17. Certain powers of a Police Officer:- A Police Officer may:

(1) arrest without warrant, notwithstanding anything contained in
the Code of Criminal Procedure, 1898 (Act V of 1898) any
person :
(a) who, commits personation or an offence under section 10, if

the Presiding Officer directs him to so arrest such person;
(b) who, being removed from the polling station by the

Presiding Officer under rule 26 commits any offence at the
polling station;
(2) removes any notice, sign, banner or flag used in

contravention of section 9 ; and
(3) seize any instrument or apparatus used in contravention of

section 10 and take such steps, including use of force, as may be
reasonably necessary for preventing such contravention.
Volume II: 1963-1970 197
18. Certain offences cognizable:- Notwithstanding anything
1898), an offence under section 3 or section 9 or sub-section (1)
of section 11 shall be a cognizable offence.
19. Prosecution of offences by public officers:- (1) No court shall

take cognizance of an offence under sub-section (2) of section
11, section 13, section 14, section 15 or section 16, except upon
a complaint in writing made by order of or under authority from,
the Commissioner.
(2) The Commissioner shall, if he has reason to believe that any

offence specified in sub-section (1) has been committed, cause
such enquiries to be made or prosecution to be instituted as he
may think fit.
20. Limitation for prosecution for corrupt or illegal practice:-

No Prosecution for an offence under section 3 or section 4, shall
be commenced except under section 3 or section 4, shall be
commenced except, within six months of the commission of the
offence.
_____________
198 Volume II: 1963-1970

(ELECTIONS) (AMENDMENT) ORDINANCE, 1970
(Ordinance XII of 1970)

Dated October, 5, 1970),
AN ORDINANCE
to amend the Azad Jammu and Kashmir State Council (Elections)

Ordinance, 1970.

Kashmir State Council (Elections) Ordinance, 1970 (Ordinance X of
1970), for the purpose hereinafter appearing;
AND WHEREAS the President Azad Government of the State of

Jammu and Kashmir is satisfied that immediate legislation is necessary;

President is pleased to make and promulgate the following Ordinance:
1 Short title, extent and commencement:- (1) This Ordinance

may be called the Azad Jammu and Kashmir State Council
(Elections) (Amendment) Ordinance, 1970.

Territory and shall also apply to all State Subjects mentioned in
clause (2) or clause (3) of section 3 of the Azad Jammu and
Kashmir State Council Ordinance, 1970.
2. Substitution of the words 'Legislative Assembly' in the

Ordinance X of 1970:- In the said Ordinance the words 'State
Council' wherever occurring, shall be substituted by the words
'Legislative Assembly' and shall be deemed always to have been
so substituted.
______________
Volume II: 1963-1970 199
THE AZAD JAMMU AND KASHMIR LEGISLATIVE

ASSEMBLY (ELECTIONS) (AMENDMENT) ORDINANCE, 1970
(Ordinance XIII of 1970)

Dated the October 6, 1970).
AN ORDINANCE
to amend the Azad Jammu and Kashmir Legislative Assembly

(Elections) Ordinance, 1970.
WHEREAS an emergency has arisen which renders it necessary

to immediately amend the Azad Jammu and Kashmir Legislative
Assembly (Elections) Ordinance, 1970, for the purpose hereinafter
appearing ;
Now, THEREFORE, in exercise of the power conferred by


called the Azad Jammu and Kashmir Legislative Assembly
(Elections) (Amendment) Ordinance, 1970.
2. Amendment of section 86 (Ordinance X of 1970):- In section

86 of the said Ordinance for the words 'fine which may extend to
five hundred rupees' the words 'imprisonment for a term which
may extend to two years, or with fine which may extend to one
thousand rupees or with both' shall be substituted.
_____________
200 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR PRESIDENTIAL

ELECTIONS OFFENCES AND ENQUIRIES (AMENDMENT)
ORDINANCE, 1970
(Ordinance XIV of 1970)

Dated the October 6, 1970).
AN ORDINANCE
to amend the Azad Jammu and Kashmir Presidential Elections Offences

and Enquiries Ordinance, 1970.

to immediately amend the Azad Jammu and Kashmir Presidential
Elections Offences and Enquiries Ordinance, 1970, for the purpose
hereinafter appearing;


called the Azad Jammu and Kashmir Presidential Elections
Offences and Enquiries (Amendment) Ordinance, 1970.
2. Amendment of section 15 (Ordinance XI of 1970):- In section

15 of the said Ordinance for the words 'fine which may extend to
five hundred rupees' the words 'imprisonment for a term which
may extend to two years, or with fine which may extend to one
thousand rupees, or with both' shall be substituted,
________________
Volume II: 1963-1970 201
THE AZAD KASHMIR LOGGING AND SAW MILL

CORPORATION (AMENDMENT) ORDINANCE, 1970
(Ordinance XV of 1970)

Dated October 24, 1970).
AN ORDINANCE
to amend the Azad Kashmir Logging and Saw-Mill Corporation

Ordinance, 1970.
WHEREAS it is expedient to amend the Azad Kashmir Logging

and Saw-Mill Corporation, Ordinance, 1968 (Ordinance IV of 1968), for
the purpose hereinafter appearing;
AND WHEREAS the President is satisfied that immediate

legislation is necessary;
Now, THEREFORE in exercise of the powers conferred by


called the Azad Kashmir Logging and Saw-Mill Corporation
2. Amendment of section 6, Ordinance IV of 1968:- In the Azad

Kashmir Logging and Saw-Mill Corporation Ordinance, 1968
(Ordinance IV of 1968), in section 6:
(1) in clause (c), the word 'and' at the end shall be omitted;
(2) in clause (b), for the full stop at the end the comma and word
", and " shall be substituted ; and
(3) after clause (d) amended as aforesaid, the following new

clause (e) shall be added, namely :
" (e) The Chief Conservator .of Forests of Azad Government

of the State of Jammu and Kashmir."
202 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR OATH OF OFFICES

ORDINANCE, 1970
(Ordinance XVI of 1970)
(Passed under Government Order No. Assembly-l/70/4420-4500/SL/70,

Dated November 10, 1970).
AN ORDINANCE
to provide for the Oath of Offices of President, Ministers, Speaker and

Members of the Legislative Assembly of Azad Jammu and Kashmir.

to immediately provide for Oath of Offices of President, Ministers,
Speaker and the Members of the Legislative Assembly;


may be called the Azad Jammu and Kashmir Oath of Offices
Ordinance, 1970.

Territory.
(3) It shall come into force at once,
2. Definition:- In this Ordinance unless there is anything repugnant

in the subject or context the words President, Minister, Speaker
and Member of the Legislative Assembly have the same
meaning as are assigned to them in the Azad Jammu and
Kashmir Government Act, 1970.
3. President's Oath of Office:- Before he enters upon his office, a

President shall make before the Chief Justice of Azad Jammu
and Kashmir an Oath in such form set out in the Schedule as is
applicable to his office.
4. Oath of Office of Minister:- Before he enters upon his office, a

Minister appointed by the President shall make before the
President an Oath in such form set out in the Schedule as is
Volume II: 1963-1970 203
applicable to his office.
5. Oath of office of Speaker:- Before he enters upon his office a

person elected as the Speaker of the Legislative Assembly shall
make before the Chief Justice Azad Jammu and Kashmir an Oath
in such form set out in the Schedule as is applicable to his office.
6. Oath of Members of the Legislative Assembly:- A person

elected as a member of Legislative Assembly shall not take a
seat in the Assembly until he makes before the Chief Justice of
Azad Jammu and Kashmir an Oath in such form set out in the
Schedule as is applicable to the members of the Assembly.
SCHEDULE
OATHS OF OFFICE
PRESIDENT
I, ————————————————————, having
been elected as President of Azad Jammu and Kashmir do
hereby solemnly swear in the name of Allah :
That, as President of Azad Jammu and Kashmir I will remain

loyal to the country and to the cause of accession of the State
of Jammu and Kashmir to Pakistan :
That I will perform my functions as President honestly and

faithfully; and
That I will not directly or indirectly communicate or reveal to

any person any official secret which may come to my
knowledge as President:
So help me Allah.
204 Volume II: 1963-1970
MINISTER
I, —————————————————, having been

appointed as a Member of President's Council of Ministers
do hereby solemnly swear in the name of Allah.
That I will remain loyal to the country and the cause of accession
of the State of Jammu and Kashmir to Pakistan :
That I will perform my functions as member of President's

Council of Ministers honestly and faithfully; and

knowledge as Minister of the Azad Jammu and Kashmir ;
So help me Allah.
Volume II: 1963-1970 205
SPEAKER OF LEGISLATIVE ASSEMBLY
I, —————————————————, having been

elected as Speaker of Azad Jammu and Kashmir Legislative
Assembly do hereby solemnly swear in the name of Allah:
That, I will remain loyal to the country and the cause of

accession of the State of Jammu and Kashmir to Pakistan :
That I will perform my functions as Speaker of the Legislative

Assembly honestly and faithfully; and

knowledge as Speaker of the Assembly :
So help me Allah.
206 Volume II: 1963-1970
MEMBER OF LEGISLATIVE ASSEMBLY
I, ———————————————, having been elected as

Member of the Legislative Assembly do hereby solemnly
swear in the name of Allah :
That I will remain loyal to the country and the cause of accession
of the State of Jammu and Kashmir to Pakistan :
That I will perform my functions as Member of the Legislative

Assembly honestly and faithfully; and

knowledge as member of the Legislative Assembly :
So help me Allah.
______________
Volume II: 1963-1970 207
THE AZAD JAMMU AND KASHMIR MOTOR VEHICLES

ORDINANCE, 1970
(Ordinance XVII of 1970)
(Passed under Government Order No. Admn/17421-68/CS/70,

Dated 11th November, 1970).
AN ORDINANCE
to adapt the Law relating to Motor Vehicles in

West Pakistan for Azad Jammu and Kashmir.
WHEREAS it is expedient to adapt Law relating to Motor

Vehicles in West Pakistan for Azad Kashmir with certain modifications
so as to suit the conditions prevailing in Azad Jammu and Kashmir ;
AND WHEREAS an emergency has arisen which renders it

necessary to make and promulgate an Ordinance to make such provision;

President is pleased to make and promulgate the following Ordinance :
1. Short title, extent and commencement:- (i) This Ordinance

may be called the Azad Jammu and Kashmir Motor Vehicles
(Adaptation of West Pakistan Laws) Ordinance, 1970.
and shall come into force on such date as the Government
may, by notification in the official Gazette, appoint in this
behalf.
2. Definitions:- In this Ordinance, unless the context otherwise

requires, the following expressions shall have the meanings
hereby respectively assigned to them, that is to say :—
(1) The 'Principal Ordinance' means the West Pakistan Motor

Vehicles Ordinance, 1965, as it stood before the amendments
vide the West Pakistan Motor Vehicles (Amendment) Ordinance,
1970 (West Pakistan Ordinance No. IX of 1970).
(2) The 'Amending Ordinance' means the West Pakistan Motor

Vehicles (Amendment) Ordinance, 1970 (West Pakistan
208 Volume II: 1963-1970
Ordinance No. IX of 1970).
3. The West Pakistan Motor Vehicles Ordinance, 1965, as

amended upto date, is adapted and shall, as far as practicable, be
in force in Azad Jammu and Kashmir Territory subject to the
modifications as stated below :—
(i) Wherever the expressions 'West Pakistan', the 'Province' or

the 'Central Government' occur, the same shall be construed
so as to refer to 'Azad Jammu and Kashmir'.
(ii) All provisions relating to Road Transport Corporation shall

be deemed to have been omitted.
(iii) The expressions 'Regional Transport Authority' and the

'Provincial Transport Authority' shall be construed to refer to
Azad Kashmir Transport Authority.
(iv) Sections 48, 49 of the Principal Ordinance shall be deemed

to have been retained as they stood before the amendments
vide the amending Ordinance.
(v) After section 49, the following new section 49-A shall be
deemed to have been inserted, namely :-
" 49-A:- Requirements to be fulfilled before issue of a permit:
(1) When the Azad Kashmir Transport Authority has

decided to grant a permit to an applicant, he shall be
called upon to comply within a specified period with the
following requirements before a permit is issued to him:
(a) furnish the registration number and model of the

vehicle for which permit is to be issued ;
(b) present his affidavit to the effect that he is the actual

owner of the motor vehicle in respect of which the
permit is to be issued.
Explanation:—For the purposes of this Chapter

'actual owner' means a person or a body of persons
having proprietary rights in a motor vehicle acquired
by way of purchase, gift, inheritance or under a hire-
purchase agreement or as a result of the settlement
of a lawful claim.
Volume II: 1963-1970 209
(c) furnish to the Azad Kashmir Transport Authority a
bank guarantee of the prescribed sum as security
for payment of any compensation that the applicant
may be required to pay under the provisions of
section 67, provided that the Azad Kashmir
Transport Authority may call upon him to furnish
cash security in the prescribed sum where it is not
satisfied about the sufficiency of the bank guarantee
and provided further that a certificate duly issued by
a Transporters Mutual Assistance Cooperative
Society registration under the Cooperative Act and
having Azad Jammu and Kashmir Territory included
in its area of operation, may be accepted in lieu of a
bank guarantee, so long as this certificate remains
valid and is not withdrawn.
(2) If the applicant fails to comply with all or any of the

above requirements within the specified period, the
authority may revoke the decision to grant a permit in
his favour and proceed to grant the same to some other
applicant.
(vi) Section 50 of the Principal Ordinance shall be deemed to

have been retained as it stood before the amendments vide
Amending Ordinance with the addition of a proviso to sub-
clause (b) of clause (1) as under:—
"Provided that the Government may, whenever deemed

necessary, order Azad Kashmir Transport Authority to
introduce any new routes, or any number of additional
permits for an existing route and grant the same to any
particular party or the parties."
A sub-section (3) shall be added, namely:—
''(3) A condition shall be inserted in every stage carriage

permit that in case of death of or injury to a passenger in
the vehicle to which the permit relates arising out of the
use of the vehicle, there shall be paid by the permit-
holder as compensation:
(a) in case of death of a passenger, a sum of rupees eight

thousand to the legal representatives of the deceased
passenger ; and
210 Volume II: 1963-1970
(b) in case of an injury to a passenger the amount
specified in the Thirteenth Schedule, to the injured
passenger.
(vii) Clause (c) of section 51 of the Principal Ordinance shall be

deemed to have been retained as it stood before the
amendments vide Amending Ordinance.
(viii) Section 59 of the Principal Ordinance shall be deemed to

have been retained as it stood before the amendments vide
Amending Ordinance.
(ix) In section 60 of the Principal Ordinance, for sub-section (1),

the following sub-section shall be substituted, namely :
"(1) the following sub-section (1) a permit other than a

temporary permit issued under section 64 shall be
affective without renewal:
(a) in the case of a stage carriage permit or a contract

carriage permit, not being a permit to ply a motor-
cab, for such period not being less than one year and
not more than three years as the Azad Kashmir
Transport Authority may, after considering the
condition of the bus for the route in question, in its
discretion specify in the permit; and
(b) in the case of any other permit, for such period not
being less than three years and not more than five
years, as the Azad Kashmir Transport Authority
may, in its discretion specify in the permit."
(x) Section 64 of the Principal Ordinance shall be deemed to

have been retained, as it stood before the amendments vide
Amending Ordinance.
(xi) After section 64, a new section 64-A shall be inserted,

namely :—
" 64-A Special permit:
(1) The Azad Kashmir Transport Authority may, grant

special permits to be effective for one return trip only,
authorising the use of a motor vehicle, for that trip as a
public vehicle.
Volume II: 1963-1970 211
(2) The Azad Kashmir Transport Authority may, subject to
such conditions as it may impose, in that behalf delegate
its powers of issuing a permit under sub-section (1) to its
Chairman, any member or any Gazetted Officer of
Government."
(xii) In section 67-F for the words 'section 48' wherever

occurring, the words 'section 49-A' shall be substituted.
4. Cancellation of existing stage carriage permits—section 4:-

All permits to pay a stage carriage other than a permit
authorising a stage carriage to ply in an urban area only, issued
before the coming into force of this Ordinance, shall, after expiry
of sixty days from the date of the coming into force of this
Ordinance cease to be valid and shall stand cancelled and no
stage carriage shall be plied on the authority of any such permit,
unless a new permit in accordance with the provisions of this
Ordinance has been obtained within the said period of sixty days.
5. The West Pakistan Motor Vehicles Rules, 1969, as amended

upto date, are adapted and shall, as far as practicable, be in force
in Azad Jammu and Kashmir Territory, subject to the
modifications as stated below:-
(i) Wherever the expressions 'West Pakistan', 'the Province', or

the 'Central Government' occur the same shall be construed
so as to refer to Azad Jammu and Kashmir.
(ii) The expressions 'Regional Transport Authority' and the

Provincial Transport Authority' shall be construed to refer to
Azad Kashmir Transport Authority.
(iii) In section 96-A, the words 'Board of Revenue' for appeals,

shall be substituted by the words 'Financial Commissioner.'
(iv) All provisions relating to Road Transport Corporation shall

be deemed to have been omitted.
(v) In sub-rule (3) of Rule 35-A, for the words 'one thousand' the
words ' two hundred' shall be substituted.
(vi) In Rule 35-C, for the words 'Chairman Provincial Transport

Authority' the words 'Financial Commissioner' shall be
substituted.
212 Volume II: 1963-1970
(vii) Proviso to sub-rule (1) of Rule 55 shall be deleted.
(viii) The sub-rules (3), (4), (5), (7) of Rule 57 shall be deemed
to have been retained as they stood before amendments vide
Government of West Pakistan, Transport Department,
Notification N.T-7\35-56 (Imp) dated the 2nd June, 1970,
(ix) Rule 58 shall be deemed to have been retained as it stood

before amendments vide Government of West Pakistan,
Transport Department, Notification No. T-7|35-56|(Imp)
dated the 2nd June, 1970, subject to following amendments:-
(a) clause (a) of sub-rule (1) shall be substituted as under,

namely :—
"(a) A survey Committee consisting of two or more

members, including a representative of public using
the transport, at least one member of the Authority
and a representative of Works Department shall be
appointed by the Chairman, Azad Kashmir
Transport Authority, for each specific route
requiring survey."
(b) A clause (f) be added after (e) in sub-rule (1) of Rule

50 as follows, namely :—
"(f) If the survey report submitted by the Survey

Committee is not a unanimous one, then the
Transport Authority may consider all the
different reports and decide at its discretion as to
whether the route or routes in question should be
declared open for fresh or additional stage
carriage services. In that case, the number of
permits decided to be issued shall be mentioned.
(x) The Rules 60, 61, 62, 63, 64, 65, 68, 78, 79, 80 shall be
deemed to have been retained as they stood before
amendments vide Government of West Pakistan, Transport
Department Notification No. T-7\35-56 (Imp) dated the 2nd
June, 1970.
______________
Volume II: 1963-1970 213
THE AZAD JAMMU AND KASHMIR SANCTITY OF RAMZAN
ORDINANCE, 1970
(Ordinance XVIII of 1970)

Dated the November 25, 1970).
WHEREAS it is expedient to make punishable the violations of

the sanctity of Ramzan;
AND WHEREAS an emergency has arisen which renders it

necessary to provide immediate legislation ;

President is pleased to make and promulgate the following Ordinance :-

may be called the Azad Jammu and Kashmir Sanctity of Ramzan
Ordinance, 1970.

Territory.
2. Definitions:- Unless there is anything repugnant in the subject or

context:
(i) 'Sanctity of Ramzan' includes all acts or their forbearance

enjoined upon a Muslim for keeping fast according to
Shariat during the month of Ramzan ;
(ii) 'Public place' means a place which is accessible to the

general public and includes a building, hotel, shop, booth,
chhaper, tent and vehicle or any part thereof.
3. Violation of the sanctity of Ramzan:- No person shall violate

the sanctity of Ramzan at a public place.
4. Offences and punishments:- Whoever contravenes the

provisions of section 3 of this Ordinance, shall be punished with
imprisonment of either description for a term which may extend
to two months or with fine which may extend to one hundred
214 Volume II: 1963-1970
rupees or with both.
5. Notwithstanding anything contained in the Criminal Procedure
Code, 1898 (Act V of 1898), the offences under section 4 of this
Ordinance shall be cognizable and bailable.
______________
Volume II: 1963-1970 215
GOVERNMENT SERVANTS AND STUDENTS COMPULSORY
MILITARY TRAINING ORDER, 1965
(No. H&P/SS/2095-2165/65, Dated 1st June, 1965).
WHEREAS it is necessary to provide for compulsory military

training to be undergone by Government servants and students of Azad
Jammu and Kashmir Institutions in the interest of the defence of the
State.
Now, THEREFORE, in pursuance of the provisions of section 3
of the Azad Jammu and Kashmir Civil Defence Act, 1951 the Azad
Government of the State of Jammu and Kashmir is pleased to make the
following Order :-
1. (i) This Order may be called the Government Servants and
Students Compulsory Military Training Order, 1965.
(ii) It shall extend to the whole of Azad Jammu and Kashmir.
2. In this Order, unless there is anything repugnant in the subject or
context, the expression :-
(i) 'Government Servant' means every male Government servant
of the age of 45 years or below in the civil employ of the
Azad Government of the State of Jammu and Kashmir or in
the employ of any local authority;
(ii) 'Student' means a male student of the age of 15 years or
above studying in any educational institution in Azad
Kashmir.
3. Every Government servant and every student shall make himself
available for compulsory military training to be organized by
each District Magistrate in his district.
4. (i) The District Magistrate may, by general or special order,
make such orders and give such directions, as may be
necessary to give effect to the purposes of this order.
(ii) Any person refusing or failing to comply with any such
general or special order or direction shall be liable to be
punished under the Azad Jammu and Kashmir Civil Defence
Act, 1951.
________________
216 Volume II: 1963-1970
THE PRESIDENT'S INSPECTION TEAM ORDER, 1967
(No. Admin/761-800/SS/61, Dated 28th January, 1967).
In exercise of the powers conferred by section 2 of the Azad

Kashmir Emergency Powers Act, 1958, the Government of the Azad
Jammu and Kashmir Territory is pleased to make the following order,
namely :—
1. (1) This Order may be called the President's Inspection Team

Order, 1967.
2. This Order applies to all persons in the civil employ of the

Government other than Judges of the High Court.
3. In this Order, unless there is anything repugnant, in the subject

or context:-
(1) 'Chairman' means the Chairman of the Inspection Team

constituted under this Order;
(2) 'Inspection Team' means the Inspection Team constituted by

the President under this Order ;
(3) 'Government' means the Government of the Azad Jammu and

Kashmir Territory;
(4) 'President' means the President of the Azad Jammu and

Kashmir Territory.
4. (1) The, President may, by order, constitute an Inspection Team

consisting of a Chairman and two or more other members to
submit reports to the President in respect of complaints of
corruption, inefficiency and misconduct of any person or persons
to whom this order applies, after such preliminary enquiry or
inspection as may be deemed necessary in this behalf.
(2) The President may, from time to time, reconstitute an

Inspection Team or replace any member thereof. -
Volume II: 1963-1970 217
5. The Inspection Team shall have the following Towers :-

(1) to examine and interrogate any person ;
(2) to obtain any information or declaration of assets or liabilities

from any person subject to any privilege which may be claimed
by him under any law ;
(3) to call any person as a witness or to require him to assist the

Inspection Team in the enquiry;
(4) to require the discovery or production of any document;
(5) to visit any office or other place for the purpose of a local
inspection ;
(6) to enforce the attendance of any witness by summoning him

and in case of failure to attend, by issuing a bailable or non-
bailable warrant of arrest;
(7) to enter or to direct any Police Officer or other person to

enter any place where it has reason to believe that any books of
account or other property which may be relevant for the purpose
of an enquiry, may be found and to seize the same.
6. The Chairman may exercise all or any of the powers of the

Inspection Team, referred to in paragraph 5.
7. The Chairman may, of his own motion or on receipt of any

complaint or other information, take steps for the holding of a
preliminary enquiry under this Order and may, in case of
urgency, proceed for any local inspection without other members
of the Inspection Team if the attendance of all or any of the
members of the Inspection Team cannot be procured without
undue delay.
8. (1) After holding the preliminary enquiry the Chairman shall

submit his report direct to the President.
(2) The final report shall be signed by all the members of the
Inspection Team and if any member desires to record a dissent
he may record such note and sign the same.
9. On receipt of a report submitted by the Inspection Team the

President may direct that any person to whom this Order applies
218 Volume II: 1963-1970
be proceeded against departmentally or in a Court of law or he
may pass such other orders as may be thought fit.
10. Any person who fails to comply with any order passed by the
Chairman in connection with any enquiry under this Order, shall
be liable to be prosecuted under the Azad Kashmir Emergency
Powers Act, 1958.
________________
Volume II: 1963-1970 219
THE AZAD JAMMU AND KASHMIR PROHIBITION OF

INDIAN FILMS ORDER, 1967
(No. H&P/SS/2589-2612/67, Dated 27th April, 1967)
WHEREAS it is necessary in the interest of the security and

defence of the State to prohibit the exhibition of Indian films in the Azad
Jammu and Kashmir Territory;
Now, THEREFORE, in pursuance of the provisions of section 3

of the Azad Jammu and Kashmir Civil Defence Act, 1951, the Azad
following Order :-
1. (i) This Order may be called the Azad Jammu and Kashmir
Prohibition of Indian Films Order, 1967.
(ii) It extends to the whole of the Azad Jammu and Kashmir

Territory;
2. No person shall give an exhibition of any Indian film by means

of cinematograph in any place in the Azad Jammu and Kashmir
Territory.
3. Whoever contravenes the provisions of this Order shall be liable

to be prosecuted under the provisions of the Azad Jammu and
Kashmir Civil Defence Act, 1951.
___________
220 Volume II: 1963-1970
EVACUEE PROPERTY ALLOTTEES (COMPENSATION)

ORDER, 1967
(No. Admn/7342-7400/SS/67, dated 26th June, 1967).
In pursuance of section 56 of the Administration of Evacuee

Property Act, 1957, the Azad Government of the State of Jammu and
Kashmir is pleased to make the following Order for the purpose of laying
down certain terms and conditions of allotment under section 18 of the
said Act regarding evacuee immovable property acquired or to be
acquired by the Government for the execution of Development Schemes
in the Azad Jammu and Kashmir Territory:—
1. (1) This Order may be called the Evacuee Property Allottees

(Compensation) Order, 1967.

Territory.

context the expression:
(1) 'allottee' means an allottee of evacuee immovable property

and includes two or more joint allottees and their legal heirs ;
(2) 'compensation money' means compensation paid or payable

to the Custodian for any evacuee immovable property acquired
or to be acquired by the Government for the execution of any
Development Scheme out of Development Funds or Rural
Works Funds, under the Land Acquisition Act or under any other
Law, Rule or order relating to the requisitioning or acquisition of
such property by the Government;
(3) 'Development Scheme' means a scheme pertaining to the

development of the Azad Jammu and Kashmir Territory certified
to be as such for the purposes of this Order, by the Development
Secretary to the Azad Government of the State of Jammu and
Kashmir;
(4) 'Government' means the Azad Government of the State of

Jammu and Kashmir.
Volume II: 1963-1970 221
3. Where any evacuee immovable property has been acquired or is
acquired, whether before or after the coming into force of this
Order, by the Government for the execution of any Development
Scheme, the allottee thereof shall be entitled to be paid, out of
the compensation money awarded to the Custodian for such
evacuee property, an amount equal to two-thirds of the
compensation money or twenty-thousand rupees, whichever, is
less, which shall be deemed to be his share of the compensation
money.
4. The Custodian shall, on an application made to him in this

behalf, after such enquiry as may be thought fit and after
satisfying himself that the case is covered by this Order, pay to
the allottee his share of the compensation money as laid down in
paragraph 3 above.
5. This Order shall not apply to evacuee immovable property which

has been acquired or may be acquired by the Government for
and in connection with the construction of Mangla Dam in
Mirpur District.
6. The Government may, on a reference made by the Custodian or

otherwise, issue such instructions and directions as may be
deemed necessary to give effect to the purposes of this Order.
_________________
222 Volume II: 1963-1970
AZAD JAMMU AND KASHMIR ECONOMY OF

FOOD ORDER, 1967
(No. H&P/SS/2866-97/67, Dated 6th May, 1967).
In exercise of the powers conferred by sub-section (1) of section

3 of the West Pakistan Foodstuffs (Control) Act, 1958 as adapted in
Azad Kashmir the Azad Government of the State of Jammu and Kashmir
is pleased to make the following Order, namely:-
1. (1) This Order may be called the Azad Jammu and Kashmir
Economy of Food Order, 1967.

territory.

context:
(a) "Act" means the West Pakistan Foodstuffs (Control) Act,

1958 (West Pakistan Act XX of 1958), as in force in Azad
Kashmir ;
(b) "eatable" means any foodstuffs to which the provisions of

the Act are applicable ;
(c) "host" means any person who entertains another person with
eatables and includes a person staying:
(i) at the occasion of marriage of a female, at her house;
(ii) at the occasion of marriage of a male, at his house ;
(d) "Inspector" means a District Magistrate, Revenue Officer not

below the rank of a Naib-Tehsildar, Police Officer not below
the rank of a Sub-Inspector, within his Jurisdiction, and any
other person designated as such by the District Magistrate.
(e) "Schedule" means a Schedule to this Order.
3. (1) Except with the previous sanction in writing of the

Government no host shall distribute, serve or offer, or cause to
Volume II: 1963-1970 223
be distributed, served or offered any eatable except as mentioned
in Schedule I and Schedule II:
(a) at or in connection with any private function to more than

twenty-five persons excluding the host or the hosts ; or
(b) in the case of a marriage ceremony to more than two

hundred such persons.
(2) The restrictions contained in Paragraph (1) shall not apply to

charitable distribution of eatables, including 'Niaz', 'Langer' or
'Tabaruk '.
(3) No host shall distribute serve or offer simultaneously all or

any of the items mentioned in Schedule I and all or any of the
items mentioned in Schedule II,
4. The Government may, subject to such conditions as it may deem

fit to impose, exempt any person or class of persons or any area
from the operation of all or any of the provisions of this Order.
5. For the more effective enforcement of the provisions of clause

(3) of this Order, any Inspector may:-
(a) enter any premises, vehicle or vessel;
(b) ask any person any necessary questions ; and
(c) search and, so far as may be necessary for that purpose,

detain any person, vehicle, vessel, utensil or animal and may
seize any eatables found in such premises or in such person's
possession, or in or on such vehicle, vessel, utensil or animal
in respect of which he has reason to believe that
contravention of the provisions of clause (3) has been, is
being or is about to be committed.
6. If any person contravenes the provisions of clause (3) of this

Order he shall, as provided in section 6 of the Act, be punishable
with imprisonment for a term which: may extend to three years
or with fine or with both and the Court trying the contravention
shall direct that the eatables in respect of which the Court is
satisfied that the Order has been contravened, shall be forfeited
to the Government unless, for reasons to be recorded in writing it
is of the opinion that the direction should not be made in respect
of the whole or, as the case may be a part of the eatables.
224 Volume II: 1963-1970
SCHEDULE I
1. Aerated waters, fruit squashes, milk and other soft drinks.

2. Fresh and dry fruit and huts.
3. Pans (betel leaves).
4. Ice cream.
5. Potatoes and potato preparations like potato chips, potato
kabab and potato chat.
6. Fish.
7. Poultry or poultry preparations.
8. Gajar-ka-Halwa, or Kalakand or Resgullas.
9. Basin-ke-Pakaure.
SCHEDULE II
1. Rice (one course).

2. Meat curry or chicken curry or fish curry to which
vegetables may or may not be added or cooked vegetables
without meat or chicken or fish (one course).
3. Nan or baked bread or Tandoori Roti.
4. Sweet dish excluding sweet rice (one course).
5. Aerated water, fruit squashes and other soft drinks.
6. Curds (Dahi).
7. Pan (betel leaves).
8. Fresh and dry fruit and nuts,
______________
Volume II: 1963-1970 225
AZAD JAMMU AND KASHMIR IMPORTED MOTOR

VEHICLES PROHIBITION OF TRANSFER ORDER, 1968
(Passed under Government Order No. 3589-3629/SS/68,

Dated 27th July, 1968)
In pursuance of the provisions of section 3 of the Azad Jammu

and Kashmir Civil Defence Act, 1951, the Azad Government of the State
of Jammu and Kashmir is pleased to make the following Order :-
1. (i) This Order may be called the Azad Jammu and Kashmir
Imported Motor Vehicles Prohibition of Transfer Order,
1968;
Territory and shall come into force at once.
2. No person who is permitted by the Government of Pakistan to

import into Pakistan any motor vehicle against foreign exchange
earnings on the condition that he shall not sell or otherwise
transfer such motor vehicle before a specified period, shall sell
or otherwise transfer the same in the Azad Jammu and Kashmir
Territory before the said specified period unless permission is
granted by a general or special Order of any competent authority
of the Government of Pakistan or such sale or transfer in
Pakistan.
Explanation:- For the purposes of this paragraph, the

expression 'motor vehicle' means motor vehicle as defined in the
Motor Vehicles Act, 1939 and includes a chassis to which a body
has not been attached and a trailer.
3. Whoever contravenes the provisions of paragraph 2 of this Order

shall be liable to be punished under the provisions of the Azad
Jammu and Kashmir Civil Defence Act, 1951
_______________
226 Volume II: 1963-1970
THE PASSPORT (OFFENCES) ORDER, 1968
(No. H&P/SS/10893-901/68, Dated 18th October, 1968).
In pursuance of the provisions of section 3 of the Azad Jammu

and Kashmir Civil Defence Act, 1951, the Azad Government of the State
of Jammu and Kashmir is pleased to make the following Order:-
1. Short title extent and commencement:- (1) This Order may be

called the Passport (Offences) Order, 1968.

Territory and also applies to all citizens of Azad Jammu and
Kashmir wherever they may be.
2. Definition:- In this Order the word 'Passport' means and includes

any permit, or ‘other travel document’ issued by or under the
authority of the Government of Pakistan authorising the holder
thereof to travel from Pakistan to any other country, or from any
other country to Pakistan.
3. Acts prohibited in relation to passports:- (1) No person shall:
(a) make, attest or verify a statement which is found to be untrue

in any document used for obtaining a passport; or
(b) make use of any statement which is found to be untrue in

any document for obtaining a passport; or
(c) wilfully conceal any fact which under the circumstances he

ought to disclose for the purpose of obtaining a passport for
himself or another person; or
(d) forge, alter or tamper with any passport or any document

which he uses for obtaining a passport; or
(e) use a passport or a document for obtaining a passport which

has forged, altered, or tampered with; or
(f) be in wrongful possession of a passport not lawfully issued
to him or allow his passport to be used by another person; or
(g) traffic in passports or any documents required for obtaining a

Volume II: 1963-1970 227
passport; or
(h) wilfully fail or neglect to return a passport issued to him, if

he is required to do so or if the passport is cancelled.
4. The burden of proving that a statement has made in any

document used for obtaining a passport is true shall lie on the
person making, attesting, or verifying such statement.
5. The offences under this Order will be cognizable.
_____________
228 Volume II: 1963-1970
THE AZAD JAMMU AND KASHMIR LOCAL COUNCILS

(CONDUCT OF BUSINESS) RULES, 1963
(Passed under Government Order No. 98/63, Dated 5th March, 1963).
NOTIFICATION
In exercise of the powers conferred on it by section 86 of the

Basic Democracies Act, 1960, read with clauses (2) and (3) of section 35
and clauses (1) and (6) of section 36 thereof, the Azad Government of
the State of Jammu and Kashmir is pleased to make the following rules,
namely:-
1. Short title and commencement:- These rules may be called the

Azad Jammu and Kashmir Local Councils (Conduct of Business)
Rules, 1963.
(2) They shall come into force at once.
2. Delegation of executive powers:- The executive powers of a

local Council, with regard to the following matters, shall vest in
and be exercised by the Chairman, that is to say:
(a) the execution of resolutions of the local council;
(b) the conduct of the day to day administration of the local

council;
(c) the execution of contracts on behalf of the local council;
(d) the execution of works by the local council;
(e) the appointment, promotion, leave, transfer, punishment and

removal of the staff of the local council whose pay does not
exceed such limit as may be specified by the local council
with the approval of the Controlling Authority;
(f) the supervision and control of the staff of the local council;
(g) the grant of licences, permits and sanctions;
(h) the operation of the Local Fund;
(i) the custody, maintenance, inspection, development and

Volume II: 1963-1970 229
improvement of the property vested in the local council;
(j) the acquisition, sale and disposal of property upto such limit
as may be specified by the local council with the approval of
the Controlling Authority;
(k) assessment, collection and recovery of taxes, rates, fees and

other dues ;
(1) the receipt of amounts, on behalf of the local council;
(m) the incurring of expenditure on any single item, not

exceeding such limit as may be specified by the local council
with the approval of the controlling Authority;
(n) the custody and maintenance of records of the local council;
(o) the issuing of notices on behalf of the local council;
(p) the institution and defence of suits, complaints and other

legal proceedings on behalf of the local council;
(q) the compounding of offences under the Basic Democracies

Act, 1960 and the rules and by laws made thereunder;
(r) the conduct of correspondence on behalf of the local council;
(s) the custody of the common-seal of the local council; and
(t) the doing of such other acts as are declared by the

controlling Authority to be executive acts to be performed by
the Chairman.
3. Disposal of business:- The business of a local council shall be

disposed of:
(a) in cases covered by rule 2, by the Chairman; and
(b) in other cases, by the local council at its meetings or at the

meetings of its committees.
4. Meetings of the local council:- (1) Ordinarily meetings of a

local council shall be held at least:
(i) in the case of Union Council—once in a month ;

230 Volume II: 1963-1970
(ii) in the case of Tehsil Council—once in two months; and
(iii) in the case of District Council—once in three months.
(2) The Chairman may, whenever he thinks fit, and shall upon a
request in writing of not less than one-fourth of the members of
the local council, call an emergent or a special meeting. If the
meeting thus requisitioned is not convened, the members
concerned may move the Controlling Authority and thereupon
the Controlling Authority may convene the meeting at such time
and date as it may specify by a notice addressed to all the
members of the local council.
(3) Notwithstanding anything contained in these rules or any

regulations for the time being in force the Controlling Authority
may direct that any matter specified by him be considered by the
local council within, a specified period and thereon the local
council shall, consider such; matter within such period.
5. Every order of a local council:- (a) shall be expressed to be

made in the name of the local council concerned ;
(b) shall be signed by the: Chairman, or the Secretary: or any-

other officer authorised by the local council in this behalf;
and
(c) shall be sealed with the seal of the local council ;
6. A copy of every resolution passed by a local council and a copy

of every such order made by the Chairman as may be specified
by the Controlling Authority shall be forwarded to the
Controlling Authority within three days of the passing of the
resolution or the making of the order, as the case may be.
______________
Volume II: 1963-1970 231
THE AZAD JAMMU AND KASHMIR LOCAL COUNCIL

(IMPOSITION OF TAXES) RULES, 1963.

dated 19th November, 1963)
NOTIFICATION
In exercise of the powers conferred by the sections 57, 58, 59

and 60 of the Azad Kashmir Basic Democracies Act, the Azad
following rules, namely:_
1. Short title and commencement:- (1) These rules may be called

the Azad Jammu and Kashmir Local Councils (Imposition of
Taxes) Rules, 1961.
2. Definitions:- In these rules, unless the context otherwise

requires, the following expressions shall have the meanings
hereby respectively assigned to them that is to say:-
(a) "Inhabitant" means any person ordinarily residing or

carrying on business or owning or occupying immovable
property in the area under the jurisdiction of a Local
Council;
(b) "Local Council" means a Union Council, a Town Committee

and a District Council;
(c) "Taxation proposal" means a proposal framed by a local

council for the imposition, abolition or suspension of a tax,
or an increase or reduction in the rate of a tax; and
(d) "Year" means the year commencing on the 1st Day of July.
3. Preliminary taxation proposals:- (1) While framing the annual

budget or the revised budget of the Local Council the Chairman
of the Local Council shall review the financial position of the
local Council, and if in his opinion, the financial position calls
for any change in the tax structure, he shall formulate taxation
proposals and incorporate them in an Appendix to the budget.
232 Volume II: 1963-1970
(2) While sanctioning the annual budget or the revised budget, as
the case may be, the Local Council shall decide whether any of
the taxation proposals formulated under sub-rule (1) shall be
dropped or proceeded without modifications or with such
modifications as may be approved by the Local Council.
(3) The Controlling Authority, while considering the annual

budget or the revised budget, as the case may be, may confirm,
modify, or reverse any decision of the Local Council taken under
Sub-rule (2).
4. Publication of Preliminary taxation proposals:- (1)

Immediately after the annual budget or the revised budget, as the
case may be, has been sanctioned in accordance with the
provisions of the section 49 of the A. K. Basic Democracies Act,
the Chairman shall issue a public notice in respect of each
taxation proposal to be proceeded with under rule 3. Every such
notice shall specify:-
(a) the main features of the taxation proposal;
(b) the class of persons or description of property or both,

affected thereby;
(c) the amount of rate of tax to be imposed, increased or

reduced;
(d) the system of assessment to be adopted;
(e) any exemptions proposed to be made ;
(f) additional income likely to be raised by the imposition of the

tax or the increase in the tax and the purpose on which this
additional income is proposed to be spent;
(g) the loss of income likely to be caused by the abolition or

suspension of the tax or reduction in the rate of the tax and
the manner in which this short fall in income is proposed to
be made up;
(h) Justification of the taxation proposal; and
(i) any other particulars considered necessary for the

information of the public.
Volume II: 1963-1970 233
(2) Alongwith the public notice under sub-rule (1), the Chairman
of the Local Council shall publish a taxation programme
specifying :-
(a) the date, which shall not be less than thirty days from the
publication of the notice, by which objection or suggestions
to the preliminary taxation proposal may be made to the
Local Council by the inhabitants;
(b) the date or dates fixed for the hearing of objections or

suggestions received under Clause (a);
(c) the date by which the sub-committee appointed under sub-

rule (2) of rule 5 for hearing the objections and suggestions
shall submit its report to the Local Council;
(d) the date of the special meeting of the Local Council at which
the report of the sub-committee shall be considered; and
(e) the date by which the final taxation proposal shall be sent to
Government or the Commissioner for sanction, as the case
may be.
5. Hearing of objections and suggestions to the preliminary

taxation proposal:- (1) All objections and suggestions received
from the inhabitants shall be entered in a register maintained for
the purpose.
(2) The Local Council shall appoint a sub-committee consisting

of the Chairman and other members as may be specified to
examine the objections and suggestions.
(3) On the date or dates fixed for the hearing of objections and
suggestions, the sub-committee shall hear the same in public and
shall afford all possible facilities to the persons making them to
present their case.
(4) The Sub-Committee shall, on the close of the hearing of

objections and suggestions, draw up and send to the Local
Council by the date specified for the purpose in the taxation
programme, a detailed report showing :
(a) the salient features of the preliminary taxation proposals ;
(b) the date of issue of the public notice under sub-rule (1), of
234 Volume II: 1963-1970
rule 4 ;
(c) the last date for the receipt of objections and suggestions ;
(d) the number and nature of objections and suggestions

received within the specified period;
(e) the manner in which the objections and suggestions were

heard;
(f) the findings of the sub-committee in respect of each

objection suggestion heard by it;
(g) the recommendations of the sub-committee with regard to

the taxation proposal, and whether such recommendations
are in accordance with the model Tax Schedule, if any ; and
(h) financial implications involved in such recommendations.
6. Finalization of taxation proposals:- (1) On the date specified

for the purpose in the taxation programme the Chairman shall
present the report of the sub-committee constituted under sub-
rule (2) of rule 5 to a special meeting of the Local Council for
considerations.
(2) The Local Council shall consider the report of the sub-
committee and, for reasons to be recorded:
(a) approve it with or without, modifications; or
(b) drop the taxation proposal.
(3) If the Local council decides to drop the taxation proposal,

the Chairman shall inform the Controlling Authority about the
decision of the Local Council.;
(4) If the local council decides to proceed with the taxation

proposal with or without modifications the Chairman shall send
the taxation proposal as approved by the Local Council to:-
(a) the Commissioner, endorsing copies to the Collector of the

district and Government in case it be a District Council;
(b) the Collector of the district, endorsing copies of the

Commissioner in case it be a Union Council or a Town
Volume II: 1963-1970 235
Committee.
(5) The Taxation proposal shall be accompanied by the namely:-
(a) a copy of the report of the sub-committee drawn up, under

sub-rule (4) of rule 5;
(b) a copy of the resolution passed at the special meeting of the

Local Council under sub-rule (2); and
(c) the draft notification for notifying the taxation proposal.
(6) As soon as the taxation proposal has been forwarded to the

Commissioner or the Collector under sub-rule (4), the Chairman
shall publish a public notice defining the main features of the
final proposal and providing that any inhabitant may submit his
objections or suggestions in writing to the Commissioner in the
case of District Council, and to the Collector of the District in
the case of any other local council within fifteen days of the
publications of such notices.
(7) Within thirty days of receipt of the taxation proposal under

Clause (b) of sub-rule (4), the Collector shall submit his
comment thereon to the Commissioner. If the Collector fails to
submit his comments to the Commissioner within the said period
of thirty days, it shall be presumed that the Collector has no
comments to offer.
(8) Within thirty days of the receipt of the taxation proposal

under Clause (a) of sub-rule (4), the Commissioner shall submit
his comments thereon to Government. If the Commissioner fails
to submit his comments to Government within the period of
thirty days, it shall be presumed that the commissioner has no
comments to offer.
7. Powers of Government and the Commissioner in regard to

final taxation proposal:- (1) Government in the case of a
District Council, and the Commissioner in the case of Town
Committee or a Union Council, after considering the taxation
proposal of the Local Council and the comments, if any, received
under sub-rules (7) and (8) of rule 6 may :
(a) sanction it without modifications or with such modifications

as may be specified; or
236 Volume II: 1963-1970
(b) sanction it subject to the condition that the proceeds from the
tax or increase in the tax shall be applied for a purpose to the
specified ; or
(c) refuse to sanction the proposal giving reasons thereof.
(2) The taxation proposal sanctioned under sub-rule (1) shall be

notified in the official Gazette, and shall come into force on the
first day of January or the first day of July next following, as
may be specified in the notification.
_______________
Volume II: 1963-1970 237
THE AZAD JAMMU AND KASHMIR DISTRICT COUNCILS

VICE-CHAIRMAN (ELECTIONS, POWERS AND VOTE OF
NO-CONFIDENCE) RULES, 1965.
(Passed under Government Order No. 589-604/BD/65,

Dated 4th March, 1965).
In exercise of the powers conferred on it by section 86 of the

Basic Democracies Act, 1960 read with section 14-A thereof, the Azad
following rules, namely :-
PART I—PRELIMINARY

the Azad Jammu and Kashmir District Councils Vice-Chairman
(Elections, Powers and Vote of No Confidence) Rules, 1965.
2. Definition:- In these rules, unless the context otherwise requires,

the following words and expressions shall have the meanings
hereby respectively assigned to them, that is to say:
(a) "Chairman" means the Chairman of a District Council;
(b) "Member" means a member of a District Council;
(c) "Non-official member" means a member of a District

Council, other than an official member ; and
(d) "Official member" means a member of a District Council

who is an official, but does not include the Vice-Chairman of
a Municipal Committee or the Vice-President of a
Cantonment Board who may be a member of a District
Council by virtue of their office.
PART II—ELECTIONS
3. Meeting for the election of Vice-Chairman:- (1) Within one

month of the coming into force of these rules and thereafter,
whenever the Vice-Chairman, of a District Council is to be
elected, the Chairman shall at seven clear days notice convene a
meeting for the purpose.
238 Volume II: 1963-1970
(2) The Chairman shall preside at every meeting convened

under Sub-Rule (1). .
4. Candidates:- (1) Any member present at the meeting may

propose the name of any non-official member as the Vice-
Chairman and if another member seconds the proposal, the
person proposed shall be deemed to be a candidate for the office
of Vice-Chairman (hereinafter referred to as the "Candidate").
(2) A Candidate may withdraw his candidature before the

Chairman proceeds to declare the result, or to take the poll as the
case may be.
(3) If there is only one candidate, such candidate shall be

declared by the Chairman to have been duly elected as the Vice-
Chairman. If there are more candidates than one, the issue shall
be decided by taking a poll.
5. Poll:- (l) Votes for the election of the Vice-Chairman shall be

given by ballot.
(2) The Chairman shall provide a ballot-box which shall be

shown empty to the members, and thereafter nailed or locked
and placed in a separate compartment.
(3) The Chairman shall issue to each member present at the

meeting a ballot in the form appended to these rules. Each
member shall after taking the ballot mark a cross on the ballot
paper against the name of a candidate for whom he wishes to
vote, and thereafter drop the ballot in the ballot-box. If a member
cannot read or write, he may require the Chairman to assist him
in the marking of the ballot paper.
6. Declaration of result:- (1) When the ballots has been cast, the
Chairman shall open the ballot box in the presence of the
members and count the votes cast in favour of each candidate. If
there is any doubt or dispute about the marking of a ballot paper
the Chairman may decide the issue after holding such summary
enquiry on the spot as may be necessary.
(2) The candidate obtaining the highest number of votes shall be

declared by the Chairman to have been elected as the Vice-
Chairman. If there is a tie between two or more candidates who
have obtained an equal number of votes, the result shall be
Volume II: 1963-1970 239
declared by the Chairman by drawing lots.
7. Adjournment:- If for any reason, the election of a Vice-

Chairman is not held at the meeting convened for the purpose
under rule 3, a fresh date shall be fixed by the Chairman for the
election, and at the meeting thus hold, the procedure prescribed
under the foregoing rules in this part shall be followed.
8. Election Petitions:- (1) No election of Vice-Chairman shall be

called in question except by a petition presented to the
Controlling Authority within thirty days of the declaration of the
result.
(2) The Controlling Authority may, after such enquiry as may be

necessary uphold the election of the Vice-Chairman, or declare
the election as void for any material irregularity, or any
sufficient reason to be recorded in writing.
9. Casual Vacancy:- If there occurs a casual vacancy in the office

of the Vice-Chairman, the election to fill the vacancy shall be
held in the manner provided by these rules.
PART III—POWERS
10. Functions of the Vice-Chairman:- Subject to the general

supervision and control of the Chairman, the Vice-Chairman
shall exercise the following executive powers, namely :
(a) incurring of expenditure of any one item not exceeding Rs.

100 ;
(b) execution of works, the estimated cost whereof does not

exceed Rs. 2,500;
(c) granting and issuing of licences under bye-laws;
(d) compounding of offence under bye-taws ;
(e) inspection of any office, department or institution of the

District Council;
(f) co-ordination of the local councils in the District, and the

sub-committees of the District Council;
(g) supervision and control of the such departments of the

240 Volume II: 1963-1970
District Council as may be specified by the Chairman;
(h) authentication of orders issued under his authority; and
(i) performance of such other functions as may be entrusted to

him by the Chairman.
PART IV—NO-CONFIDENCE
11. Requisition for convening a meeting for moving vote of no-

confidence:- (1) Not less than one half of the non-official
members may by a written notice signed by them call upon the
Chairman to convene a special meeting of the District Council to
consider a no-confidence motion against the Vice-Chairman and
the Chairman, shall within fifteen days of such requisition,
convene a special meeting of the District Council for the
purpose.
(2) Seven clear days' notice shall be given for a meeting

convened under the provisions of this ride.
(3) The quorum for such a meeting shall be two-thirds of the

non-official members of the District Council.
12. Chairman of the meeting:- The Chairman shall preside at the

meeting convened under rule 11.
13. Motion for no-confidence:- (1) At the meeting convened under

rule 11, any non-official member who has signed the requisition
referred to in the said rule may move a no-confidence motion
against the Vice-Chairman.
(2) If the motion is seconded by a non-official member it shall

be open to consideration by the non-official members, and any
such member may speak for or against the motion.
(3) No member shall speak on the motion more than once. The
Chairman may limit the period for which a member may speak
on such a motion.
(4) The Vice-Chairman shall have the right to offer personal

explanation, if any.
14. Procedure for voting:- (1) When in the opinion of the

Chairman, the motion of no-confidence has been sufficiently
Volume II: 1963-1970 241
discussed, he shall call upon the non-official members
supporting the motion to stand up in their seats. The Chairman
shall count the number of such members and record their names,
and if such members form at least two-thirds majority of the total
number of members constituting the District Council other than
official members, as required by clause (3) of section 14-A of the
Basic Democracies Act 1960, the Chairman shall declare that the
motion has been passed. If the motion is not supported by the
requisite majority it shall be deemed to have been dropped.
(2) A declaration made by the Chairman under sub-rule (1) shall

be final and shall not be questioned in any proceedings.
15. Vacation of office:- A Vice-Chairman against whom a vote of

no-confidence has been passed shall forth with vacate his office.
FORM
[See Rule 5 (3)]
Counterfoil Serial No. Ballot paper Serial No.

Election of Vice- No. Name of the Cross marks
Chairman candidate
District Council
Name of the member 1
2
3
4
5
6
242 Volume II: 1963-1970

(VOTE OF NO-CONFIDENCE AGAINST CHAIRMAN)
RULES, 1965
(Passed under Government Order No. 605-611/BD/65,

Dated 4th March, 1965).
In exercise of the powers conferred by section 86 of Basic

Democracies Act, 1960, read with sections 11 and 12 of the said Act, the
Azad Government of the State of Jammu and Kashmir is pleased to make
the following rules, namely :-

the Azad Jammu and Kashmir Basic Democracies (Vote of No-
Confidence against Chairman) Rules, 1965.
2. Definitions:- In these rules, unless there is anything repugnant in

the subject or context:
(a) "Basic Democracy" means a Union Council, Union

Committee or a Town Committee constituted under the
Basic Democracies Act, 1960;
(b) "Chairman" means the Chairman of Union Council, Union

Committee or a Town Committee ;
(c) "Presiding Authority" means an officer appointed under rule

4.
3. Requisition for convening a meeting for moving a vote of no-

confidence:- (1) Not less than one half of the elected members
of the Basic Democracy may by a written requisition signed by
them apply to controlling Authority to convene a special meeting
of the Basic Democracy to consider a no-confidence motion
against the Chairman and the Controlling Authority shall, within
fifteen days of such application convene a special meeting of the
Basic Democracy for the purpose.
(2) Seven clear days' notice shall be given for a meeting

convened under the provisions of this rule.
(3) The quorum for such a meeting shall be two-thirds of the

Volume II: 1963-1970 243
total number of members of the Basic Democracy.
4. Presiding Authority:- The Controlling Authority shall appoint

an officer to preside at the meeting convened under rule 3.
5. Motion of No-Confidence:- (1) At the meeting convened under

rule 3, any member who has signed the requisition referred in the
said rule, may move a no-confidence motion against the
Chairman.
(2) If the motion is seconded, it shall be open to consideration

by the Basic Democracy, and any member may speak for or
against the motion.
(3) No member shall speak on the motion more than once. The
Presiding Authority may limit the period for which a member
may speak on such a motion.
(4) The Chairman shall have the right to offer personal

explanation, if any.
6. Procedure for voting:- (1) When in the opinion of the Presiding

Authority, the motion of no-confidence has been sufficiently
discussed, he shall call upon the members supporting the motion
to stand up in their seats. The Presiding Authority shall count the
number of such members and record their names, and if such
members form a two-third majority of the total number of
members of the Basic Democracy as required by section 11 or 12
of the Basic Democracies Act, 1960, as the case may be, the
Presiding Authority shall declare that the motion has been
passed. If the motion is not supported by the requisite majority it
shall be deemed to have been dropped.
(2) A declaration made by the Presiding Authority under sub-

rule (1) shall be final and shall not be questioned in any
proceedings.
7. Vacation of Office:- A Chairman against whom a vote of no-

confidence has been passed shall forthwith vacate his office.
_______________
244 Volume II: 1963-1970
RULES UNDER THE AZAD JAMMU AND KASHMIR

GOVERNMENT ACT, 1964
In exercise of the powers conferred by section 15 of the Azad

Jammu and Kashmir Government Act, 1964 read with sections 8 and 14
thereof, the Chief Adviser is pleased to make the following rules:-
CHAPTER I
1. Duration and dissolution of the State Council:- Every State

Council shall continue for a period of five years from the date of
its first sitting after its constitution :
Provided that the President may, in consultation with the

Chief Adviser:
(a) at any time "dissolve the State Council' before the expiry of
its term ; or
(b) extend the term of the State Council if in special

circumstances he thinks fit.
2. Legislative power of President:- If at a time when the State

Councils not in session or stands dissolved or in case of an
emergency or in cases where the State Council does not have the
powers of legislation, the President is satisfied that
circumstances exist which render such legislation necessary, he
may, with the concurrence of the Chief Adviser, make such
Ordinances as the circumstances appear to him to require ; and
any Ordinance so made shall be as effective as a law made by
the State Council.
3. Powers of Chief Adviser to give directions for elections:- The

Chief Adviser may, notwithstanding anything herein contained,
from time to time, make such orders and give such directions as
he may consider necessary with regard to the holding of
elections to the State Council, delimitation and number of
constituencies, appointment of an Election Commissioner and
other officers and servants and with regard to other matters
connected with such elections.
4. Procedure for election of members of State Council:- The

members of the State Council shall be elected in accordance with
the provisions of Chapter II of these rules.
Volume II: 1963-1970 245
5. Oath of office of Chairman and members:- Every person
nominated, selected or declared as Chairman or as a, member of
the State Council shall, before entering upon the duties of his
office, make and subscribe an oath before such authority as may
be specified, in the following form :
“I —————————, having been nominated/elected/

declared to be the Chairman (member of the Azad Jammu and
Kashmir State Council, do hereby solemnly affirm in the name
of Allah/God that I shall remain loyal to the country and to the
accession of the State of Jammu and Kashmir to Pakistan ;
That I will perform my functions as Chairman member of the

State Council honestly and faithfully; and

any person any official secret which may come to my knowledge
as Chairman member of the State Council and whose disclosure
is against the interest of the State;
So help me God.
6. Bar of Jurisdiction:- Notwithstanding anything contained to the

contrary in the Azad Jammu and Kashmir Basic Democracies
Act, 1960, or in the Azad Jammu and Kashmir Basic
Democracies Election Rules, 1960, or in any other law or rule
for the time being in force, the Validity of the nomination of a
Chairman or election of a member of the State Council or any
other action taken in pursuance of the provisions of the Azad
Jammu and Kashmir Government Act, 1964, or the rules made
thereunder, shall not be called in question in any Court or before
any Tribunal or other authority by way of a suit or other petition
including an election petition.
7. Persons to cease as members and removal of members of

State Council:- (1) A person shall cease to be member of the
State Council before the expiry of his term:
(a) if he ceases to be a national of the Jammu and Kashmir

State;
(b) if he is an undischarged insolvent;
(c) if he has been ordered to execute a bond under section 110

of the Code of Criminal procedure or has been on conviction
246 Volume II: 1963-1970
for an offence involving moral turpitude, sentenced to
imprisonment;
(d) if he has joined salaried Government service or service under

a public statutory body or under any local authority or local
body in Azad Kashmir or in Pakistan or in any other country;
(e) if he is debarred or disqualified for membership of a basic

democracy or any other elective body under any law for the
time being in force;
(f) if he without reasonable excuse absents himself from three

consecutive meetings of the State Council and is removed by
the Chairman for the same.
(2) If the Chairman is of the opinion that the continuance of a

person as a member of the State Council is undesirable or
inexpedient on the ground of misconduct or for reasons of State,
he may, with the consent of the Chief Adviser, remove such
person from the membership of the State Council. The person so
removed shall stand disqualified for being a member or a
candidate for membership of the State Council or of a basic
democracy for a period of six years from the date of such
removal.
CHAPTER II
ELECTION OF MEMBERS OF STATE COUNCIL AND OTHER
MATTERS CONNECTED THEREWITH
8. Constituencies:- The eight members of the State Council to be

elected under section 3 of the Azad Jammu and Kashmir
Government Act, 1964, shall be elected from amongst the
electors of basic democracies by the elected members of the
Union Councils, Town Committees and Union Committees
constituted under the Azad Jammu and Kashmir Basic
Democracies Act, 1960, and there shall be the following
constituencies with the number of seats allotted to them:-
(i) Muzaffarabad district .. .. .. .. 2 seats.

(ii) Poonch district .. .. .. .. .. 3 seats,
(iii) Mirpur district .. .. .. .. .. 3 seats.
9. Qualifications and disqualifications of candidates:- The

qualifications of the candidates, and the disqualifications to
which the candidates for election to the State Council shall be
Volume II: 1963-1970 247
subject, shall be the same as those of candidates for membership
of basic democracies under the Azad Jammu and Kashmir Basic
Democracies Act, 1960, and the rules made thereunder.
10. Appointment of Returning officers:- (1) A Returning officers

shall be appointed by the Election Commissioner for each
Constituency.
(2) The Election Commissioner shall take all such steps as may
be necessary to give effect to the provisions of rule 8 of these
rules.
11. Procedure for election and deposit of Security:- Subject to

these rules, the provisions of the Azad Jammu and Kashmir
Basic Democracies Electron Rules, 1960, shall, as far as may be
and with the necessary modifications, be followed for the
conduct of elections of members of the State Council in each
constituency as in the case of election of members of a basic
democracy in a ward, subject to the following conditions:-
(a) The list of elected members of basic democracies of each

district shall be the electoral roll for the constituency of that
district;
(b) The Presiding officers and other polling Staff required for
election shall be appointed by each Returning officer subject
to the general control of the Election Commissioner;
(c) Each Returning officer will issue a general programme for

the holding of elections for his constituency specifying dates
for different stages of the election on the lines of the Azad
Jammu and Kashmir Basic Democracies Election Rules,
1960 ;
(d) (i) On the day fixed for nomination a sum of two hundred
and fifty rupees shall be deposited in cash by or on
behalf of each candidate with the Returning officer along
with the nomination paper;
(ii) If the nomination paper is not accompanied, by such

deposit, it shall be rejected ;
(iii) If the candidate fails to obtain ten per cent of the actual
number of votes polled, the deposit shall be forfeited;
248 Volume II: 1963-1970
(iv) The deposit made under this rule shall be refunded
within 30 days of the declaration of final result to the
candidate concerned:
(1) if his nomination paper is rejected; or
(2) if he withdraws his candidature ; or
(3) if he is elected; or
(4) if he is not elected but the votes secured by him are

not less than ten per cent of the total votes polled.
(v) If a candidate before obtaining the refund to which he is

entitled under this rule, the deposit shall be refunded to
his legal representatives.
12. By-election:- The provisions of the Azad Jammu and Kashmir

Basic Democracies Election Rules, 1960, relating to by-elections
shall also apply to a by-election in case of occurrence of a
vacancy in the office of an elected member of the State Council.
13. Declaration:- The results of the poll shall be declared in

accordance with the provisions of rule 48 of the Azad Jammu
and Kashmir Basic Democracies Election Rules, 1960.
_______________

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i

(Department of Law, Justice,

First Edition: 1984

Typeset and Printed by:

I am privileged to introduce the Second Edition of Azad Jammu

Every possible effort was made to present a flawless and

(Malik Abdul Rashid)

1. The Azad Jammu and Kashmir Government Servants' 1

2. The Azad Jammu and Kashmir Land Reforms 4

3. The Azad Kashmir Emergency Powers (Amendment) 5

4. The Azad Jammu and Kashmir Government Dues 7

5. The Land Acquisition (Azad Jammu and Kashmir 8

6. Foreign Exchange Regulation Act, 1963 9

7. The Azad Jammu and Kashmir President's Gratuity Act, 11

9. The New Mirpur Town (Allotment of Land) 13

10. The Azad Jammu and Kashmir Motor Vehicles 18

11. The Azad Jammu and Kashmir Government Act, 1964 19

12 The Azad Jammu and Kashmir Government 23

13. The Azad Jammu and Kashmir Conciliation Courts 25

14. The Azad Jammu and Kashmir Basic Democracies 26

16. The Azad Jammu and Kashmir Prevention of 30

17. The Azad Jammu and Kashmir Partnership 32

18. The Azad Jammu and Kashmir Government (Second 33

20. The Industrial Development Bank of Pakistan 38

22. The Azad Jammu and Kashmir Land Reforms 48

25. The Azad Kashmir Adaptation of Laws (Amendment) 58

26. The Co-Operative Societies (Application to Azad 59

27. Payment of Wages (Application to Azad Jammu 61

28. The Agricultural Development Bank of Pakistan 64

32. The Inland Mechanically Propelled Vessels 78

33. The New Mirpur Town (Allotment of Land) 82

34. The Azad Kashmir Logging and Saw-Mill 83

37. The Azad Jammu And Kashmir Code Of Criminal 93

38. The Azad Jammu And Kashmir Redemption and 94

39. The Azad Jammu And Kashmir Acquisition and 103

40. The Azad Jammu and Kashmir Acquisitions and 111

43. The Azad Jammu and Kashmir Acquisitions and 129

44. The Azad Jammu and Kashmir Electoral Rolls 131

45. The Azad Jammu and Kashmir Electoral Rolls 133

46. The Azad Jammu and Kashmir Government 134

47. The Azad Jammu and Kashmir State Council 135

48. The Azad Jammu and Kashmir Delimitation of 137

50. The Azad Jammu and Kashmir (Emergency) 143

54. The Azad Jammu and Kashmir Legislative Assembly 199

55. The Azad Jammu and Kashmir Presidential Elections 200

57. The Azad Jammu and Kashmir Oath of Offices 202

58. The Azad Jammu and Kashmir Motor Vehicles 207

59. The Azad Jammu and Kashmir Sanctity of Ramzan 213

61. The President's Inspection Team Order, 1967 216

62. The Azad Jammu and Kashmir Prohibition of 219

63. Evacuee Property Allottees (Compensation) 220

64. Azad Jammu and Kashmir Economy of 222

65. Azad Jammu and Kashmir Imported Motor Vehicles 225

69. The Azad Jammu and Kashmir District Councils 237

70. The Azad Jammu and Kashmir Basic Democracies 242

71. Rules under the Azad Jammu and Kashmir 244

72. The Azad Jammu and Kashmir Civil Defence 249

73. The Azad Jammu and Kashmir District Councils 250

74. The Azad Jammu and Kashmir State Council 266