Legislation by Reference

2015 CLD 899 ISLAMABAD Judicial Precedent

Legislation by referenceMeaning, object and scopeIndependence of provisionsInterpretation of Legislation by reference

Any Legislation whereby certain provisions of a section in a statute were incorporated into another; was generally known as Legislation by reference

Effect of such incorporation by reference to a provision of a statute was as if a new statute/provision(s) had come into force containing those provisions subject to such modification and alteration, if any, as made by or indicated in adopting statute

Where Legislation was by reference, and specific provisions from an Act or section(s) were incorporated into another provision , such provisions would operate as if they had been specifically been penned in the referring section or provision, meaning thereby that they operated independently from the Act or section from which they had been taken

Where there was specific legislation by reference; any amendment or repeal of the borrowed statute/provision did not affect the provisions/statute in which the same were incorporated.

2013 SCMR 642 SUPREME-COURT Judicial Precedent

Legislation by referenceScope

Legislation by referential incorporation fell into two categories; first, where a statute by specific reference incorporated the provisions of another statute as of the time of adoption; second, where a statute incorporated by general reference the law concerning a particular subject as a genus

In the case of former category, the subsequent amendment made in the referred statute could not automatically be read into the adoption statute

In the case of latter category, it might be presumed that the legislative intent was to include all the subsequent amendments also made from time to time in the general law on the subject adopted by general reference.

2013 SCMR 642 SUPREME-COURT Judicial Precedent

Legislation by referenceScope

Statute which referred to law of a subject generally adopted the law on the subject as of the time the law was invoked; and this would include all the amendments and modifications of the law subsequent to the time the reference/statute was enacted.

2013 SCMR 642 SUPREME-COURT Judicial Precedent

S. 6Legislation by referenceScope

Section 6 of Agricultural Development Bank of Pakistan (Reorganization and Conversion) Ordinance, 2002 was an instance of legislation by reference.

2013 SCMR 642 SUPREME-COURT Judicial Precedent

S. 6Zarai Taraqiati Bank Limited Staff Regulations, 2005Agricultural Development Bank (Staff Service) Regulations, 1961Promotion Policy, 1999Constitution of Pakistan, Art. 199Legislation by referenceScopeBank employee

Promotion of employees in service of Agricultural Development Bank of Pakistan (Bank) prior to the promulgation of Agricultural Development Bank of Pakistan (Reorganization and Conversion) Ordinance, 2002

Promotion Committee of Bank not recommending promotion of such employees on the basis that they failed to meet the threshold required for promotion under the applicable Zarai Taraqiati Bank Limited Staff Regulations, 2005, and that their promotion was not governed by the Agricultural Development Bank (Staff Service) Regulations, 1961 or by Promotion Policy, 1999

Employees challenged recommendations of Promotion Committee by filing constitutional petition before High Court claiming that their promotion was governed by Agricultural Development Bank (Staff Service) Regulations, 1961 and Promotion Policy, 1999 and not by the Regulations of 2005

Maintainability

Contention of Bank was that even if employees in question were governed by Agricultural Development Bank (Staff Service) Regulations, 1961 and Promotion Policy, 1999, the same were non-statutory, therefore, constitutional petition would not be maintainable

Validity

Section 6 of Agricultural Development Bank of Pakistan (Reorganization and Conversion) Ordinance, 2002 provided two fold security to employees who were in service of the Bank prior to the promulgation of the said Ordinance: Firstly the employees of the Bank, prior to promulgation of said Ordinance, stood transferred and became employees of the Company, and secondly they were made subject to the same rules and regulations as were applicable to them before the promulgation of the said Ordinance

On account of S.6 of the said Ordinance, the previous Regulations relating to promotion of employees in question, i.e. Agricultural Development Bank (Staff Service) Regulations, 1961 and Promotion Policy, 1999, which were non-statutory, stood incorporated by way of legislative reference and thereby acquired a statutory status under the new dispensation and the employees acquired a legal right for their enforcement

Constitutional petition before High Court, filed against recommendations of Promotion Committee, would be maintainable in such circumstances

Appeal filed by Bank was dismissed accordingly.

2013 PLC(CS) 1223 SUPREME-COURT Judicial Precedent

Legislation by referenceScope

Statute which referred to law of a subject generally adopted the law on the subject as of the time the law was invoked; and this would include all the amendments and modifications of the law subsequent to the time the reference/statute was enacted.

2013 PLC(CS) 1223 SUPREME-COURT Judicial Precedent

Legislation by referenceScope

Legislation by referential incorporation fell into two categories; first, where a statute by specific reference incorporated the provisions of another statute as of the time of adoption; second, where a statute incorporated by general reference the law concerning a particular subject as a genus

In the case of former category, the subsequent amendment made in the referred statute could not automatically be read into the adoption statute

In the case of latter category, it might be presumed that the legislative intent was to include all the subsequent amendments also made from time to time in the general law on the subject adopted by general reference.

2013 PLC(CS) 1223 SUPREME-COURT Judicial Precedent

S. 6Zarai Taraqiati Bank Limited Staff Regulations, 2005Agricultural Development Bank (Staff Service) Regulations, 1961Promotion Policy, 1999Constitution of Pakistan, Art. 199Legislation by referenceScopeBank employee

Promotion of employees in service of Agricultural Development Bank of Pakistan ("Bank") prior to the promulgation of Agricultural Development Bank of Pakistan (Re-organization and Conversion) Ordinance, 2002

Promotion Committee of Bank not recommending promotion of such employees on the basis that they failed to meet the threshold required for promotion under the applicable Zarai Taraqiati Bank Limited Staff Regulations, 2005, and that their promotion was not governed by the Agricultural Development Bank (Staff Service) Regulations, 1961 or by Promotion Policy, 1999

Employees challenged recommendations of Promotion Committee by filing constitutional petition before High Court claiming that their promotion was governed by Agricultural Development Bank (Staff Service) Regulations, 1961 and Promotion Policy, 1999 and not by the Regulations of 2005

Maintainability

Contention of Bank was that even if employees in question were governed by Agricultural Development Bank (Staff Service) Regulations, 1961 and Promotion Policy, 1999, the same were non-statutory, therefore, constitutional petition would not be maintainable

Validity

Section 6 of Agricultural Development Bank of Pakistan (Re-organization and Conversion) Ordinance, 2002 provided two fold security to employees who were in service of the Bank prior to the promulgation of the said Ordinance: Firstly the employees of the Bank, prior to promulgation of said Ordinance, stood transferred and became employees of the Company, and secondly they were made subject to the same rules and regulations as were applicable to them before the promulgation of the said Ordinance

On account of S.6 of the said Ordinance, the previous Regulations relating to promotion of employees in question, i.e. Agricultural Development Bank (Staff Service) Regulations, 1961 and Promotion Policy, 1999, which were non-statutory, stood incorporated by way of legislative reference and thereby acquired a statutory status under the new dispensation and the employees acquired a legal right for their enforcement

Constitutional petition before High Court, filed against recommendations of Promotion Committee, would be maintainable in such circumstances

Appeal filed by Bank was dismissed accordingly.

1995 PLD 12 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Legislation by Reference Doctrine of

Import, working and application of the doctrine explained.

1985 SCMR 707 SUPREME-COURT Judicial Precedent

Legislation by reference

Effect of adoption of one statute by another by reference is same as if adopted statute had been written into adopting statute

Such incorporation is meant to avoid necessity of repeating such provisions in subsequent Act dealing with same matter

Effect of incorporation by reference to the provisions of a former Act is as if new Act has come into force containing all those provisions subject to such modification and alterations, if any, as may be indicated in adopting Act.