Ordinance I of 1969 · 4 pages
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THE ENEMY PROPERTY (CONTINUANCE OF EMERGENCY
PROVISIONS) ORDINANCE, 1969
CONTENTS
1. Short title, extent and commencement
2. Continuance of certain emergency provisions
3. Effect of rules, etc. inconsistent with other enactments
4. Delegations
5. Savings as to orders, etc.
6. Protection of action taken under rules
THE SCHEDULE
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THE ENEMY PROPERTY (CONTINUANCE OF EMERGENCY ROVISIONS)
ORDINANCE, 1969
ORDINANCE NO. I OF 1969
[16th February, 1969]
AN
ORDINANCE
to provide for the continuance of certain provisions of the Defence of Pakistan Rules relating to the
control of trading with enemy and control of enemy firms, and the administration of the property
belonging to them.
WHEREAS it is expedient to provide for the continuance of certain provisions of the Defence
of Pakistan Rules relating to the control of trading with enemy and control of enemy firms, and the
administration of the property belonging to them;
AND WHEREAS the National Assembly is not in session and the President is satisfied that
circumstances exist which render immediate legislation necessary;
NOW, THEREFORE, in exercise of the powers conferred by Article 29 of the Constitution
and of all other powers enabling him in that behalf, the President is pleased to make and promulgate
the following Ordinance :—
1. Short title, extent and commencement. ___ (1) This Ordinance may be called the Enemy
Property (Continuance of Emergency Provisions) Ordinance, 1969.
(2) It extends to the whole of Pakistan and applies to all citizens of Pakistan, and persons in
the service of Government, wherever they may be.
(3) It shall come into force on the day on which the Defence of Pakistan Ordinance, 1965
(XXIII of 1965), ceases to have effect under clause (7) of Article 30 of the Constitution.
2. Continuance of certain emergency provisions.—Notwithstanding the Defence of
Pakistan Ordinance, 1965 (XXIII of 1965), ceasing to have effect.
(a) the provisions of the Defence of Pakistan Rules mentioned in the first column
of the Schedule to this Ordinance shall continue in force, and shall have effect
subject to the modifications specified in the second column thereof;
(b) any order or other instrument made or deemed to be made under or in
pursuance of any of the said provisions and in force immediately before the
commencement of this Ordinance shall continue in force so far as consistent
with the provisions as continued in force by this section and be deemed to be
made under or in pursuance of the provisions so continued in force.
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3. Effect of rules, etc. inconsistent with other enactments.—The provisions of the Defence
of Pakistan Rules as continued in force by section 2 and all orders made or deemed to be made under
such provisions shall have effect notwithstanding anything inconsistent therewith contained in any
enactment other than this ordinance or in any instrument having effect by virtue of any enactment
other than this Ordinance.
4. Delegations. ___(1) The 1[Federal Government] may by order direct that any power or duty
which by or under any of the provisions as continued in force by section 2 is conferred or imposed
upon the 1[Federal Government] shall in such circumstances and under such conditions, if any, as
may be specified in the direction be exercised or discharged___
(a) by any officer or authority subordinate to the 1[Federal Government], or
(b) by any Provincial Government or by any officer or authority subordinate to
such Government, or
(c) by any other authority.
(2) A Provincial Government may by order direct that any power or duty which has been
directed under sub-section (1) to be exercised or discharged by the Provincial Government shall, in
such circumstances and under such conditions, if any, as may be specified in the direction, be
exercised or discharged by any officer or authority, not being an officer or authority subordinate to
the 1[Federal Government].
(3) All orders delegating any power or duty conferred or imposed by any of the provisions
continued in force by section 2 made by the 1[Federal Government] before the commencement of
this Ordinance and in force immediately before such commencement shall continue in force and be
deemed to be made by the 1[Federal Government] under this section.
5. Savings as to orders, etc. ___(1) Notwithstanding the Defence of Pakistan Ordinance, 1965
(XXIII of 1965), ceasing to have effect and anything contained in any other law, treaty or agreement
for the time being in force or any other instrument having the force of law, all orders and
notifications issued and action taken before the commencement of this Ordinance relating to the
entry, exit or transit, of traffic to or from any country by rail, road or river transport shall continue in
force and shall have effect as if issued or taken under this Ordinance.
(2) No order made or deemed to be made in exercise of any power conferred by or under any
of the provisions continued in force by section 2 shall be called in question in any court.
(3) Where an order purports to have been made and signed by any authority in exercise of
any power conferred by or under any of the aforesaid provisions, a court shall, within the meaning of
the Evidence Act, 1872 (I of 1872), presume that such order was so made by that authority.
6. Protection of action take under rules.___(1) No suit, prosecution or other legal
proceeding shall lie against any person for anything which is in good faith done or intended to be
done in pursuance of any of the provisions continued in force by section 2 or any order made or
deemed to be made thereunder.
1
Subs. by Federal Adaptation of Laws Order, 1975, (P.O No. 4 of 1975), Art. 2 and Table.
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(2) No suit or other legal proceeding shall lie against the Government for any damage caused
or likely to be caused by any thing in good faith done or intended to be done in pursuance of any of
the provisions continued in force by section 2 or any order made or deemed to be made thereunder.
_____
THE SCHEDULE
(See section 2)
Provisions of the Defence of Pakistan Rules continued in force
Number and title of Rule Modification
____
1. Short title.
3. Interpretation. Sub-rule (2) and (3)
shall be omitted.
5. Non-compliance with these rules or orders made thereunder.
___
161. Definition.
___
162. Prohibition of trading with the enemy.
___
163. Control of rights, etc., in respect of trading with the enemy.
___
164. Power to appoint Controllers, etc., of Enemy Trading.
___
165. Power of Controllers, etc., of Enemy Trading.
___
166. Supervision of suspected business.
___
167. Penalty for failure to comply with orders of Controllers, etc.
___
168. Penalty for concealment, destruction, etc., of books or documents.
___
169. Definitions.
___
170. Prohibition of trade with enemy firms and purchase of enemy currency.
___
171. Power to appoint Controllers, etc., of enemy firms.
___
172. Powers of Controllers, etc., of enemy firms.
___
173. Supervision of suspected business.
___
174. Supervision of firms suspected to be enemy firms.
___
175. Penalty of failure to comply with orders of Controller, etc.
___
176. Penalty for concealment, destruction, etc., of books or documents.
___
177. Contracts with enemy firms.
___
178. Transfer of property to or by enemy firms.
___
179. Transfer and allotment of securities to or by enemy firms.
___
180. Transfer of negotiable instruments, and actionable claims by enemy firms.
___
181. Power to carry on business of enemy firms.
___
182. Collection of debt of enemy firms and administration of property.
___
183. Power to control and wind up certain business.
___
183-A. Constitution of Board for certain purposes.
___
185. Power to obtain information.
___
186. False statements.
___
187. Power to require production of books.
___
194. Attempts, etc., to contravene the rules.
___
195. Offences by corporations.
___
197. Burden of proof in certain cases.
205. Cognizance of contravention of the rules. Sub-rules (3) and (4)
shall be omitted.
___________
RGN Dated: - 01.04.2024
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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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