← Back to Azad Jammu and Kashmir Adaptation of Laws Act 1959 Outline

3

None

Act: Azad Jammu and Kashmir Adaptation of Laws Act 1959

Section Provisions

- - 3. The laws of Pakistan as contained in the Schedule to this Act and all rules, notifications and orders made thereunder and in force immediately before the commencement of this Act, are adapted and shall, as far as practicable, be in force in the Azad Jammu and Kashmir Territory subject to lie modifications as stated below:- (i) All cases pending in Courts on the coming into force of this Act, shall be tried and decided according to the provisions of the previous law. Explanation: "Pending case" shall include a case till its final appellate or revisional stage; (ii) The expressions "Government", "Central Government", 'Provincial Government", "Crown", "President", "Governor" or any other expressions power worded referring to any Executive Government, shall, Is far as practicable, be construed to refer to the Azad Kashmir Government and' references to Pakistan or any part of Pakistan shall be construed to refer to the Azad Jammu and Kashmir Territory; (iii) The expressions "evacuee", "evacuee property", "refugee" and "foreigner" shall have the same meanings as are assigned to them under any previous law; (iv) 2[(a) References to "Regional Transport Authority" or "Provincial Transport Authority" in the Motor Vehicles Act, 1939, shall be construed as references to the "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 under-taking 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. (c), The Government may, by order, enforce in the State amendments made and that may in future be made in Income Tax Act, 1922, or in the rates of income tax, super tax and other matters connected therewith under any Finance Ordinance or other law relating thereto promulgated or that may in future be promulgated by the Government of Pakistan from time to time. (v) Notwithstanding anything contained to the contrary in the Punjab Municipal Act or the rules framed thereunder the Deputy Commissioner and the District Medical Officer shall respectively continue to be the Ex-officio Chairman and Secretary of each Municipal "Committee; (vi) The rates of taxes, fees and duties referred to in the Central Excise and Salt Act, the West Pakistan Entertainments Duty Act and the West Pakistan Motor Vehicles Taxations Act or the rules framed thereunder shall be such as may be fixed by the Government from time to time provided that the rates prevalent in Azad Kashmir immediately before the commencement of this Act shall continue till they are altered or modified; (vii) (a) The Income Tax, Act, 1922 shall come into force from the first day of April, 1959, along with the rates of income-tax and super-tax as in force in Pakistan on that date; (b) The rates of income-tax and super-tax referred to in the Income Tax Act, 1922 shall be laid down by the Government for a particular financial year provided that if no such rates are laid down by the Government the rates in force in the preceding year shall continue; (viii) The rules contained in the Punjab Jail Manual shall, as far as practicable, apply to jails to the extent of their consistency with the laws in force in Azad Kashmir provided that the scale and description of diet of prisoners shall be fixed by the Inspector General of Prisons with the previous sanction of the Government (ix) The West Pakistan .Tobacco Vend Act, 1958, shall apply to urban as well as rural areas.