THE GILGIT-BALTISTAN LAWS By MUHAMMAD ABDUL BASIT FEDERAL LAW HOUSE RAWALPINDI: Mian Plaza, Opposite Rawal Road, Murree Road, Near Chandni Chowk, Rawalpindi, Pakistan. Tel: 4843011-4571229 Mobile: 0333-5477380 LAHORE: E-mail: flh@federallawhouse.com 7, Turner Road, Near High Court, Lahore, Pakistan. Tel: 37363665 Mobile: 0322-4843011 Website: www.federallawhouse.com
All rights are reserved with the Publisher. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form whatsoever or by any means, electronic, magnetic tape, mechanical, photocopying or otherwise, without prior permission in writing from the Publisher. Any person who infringes the above in relation to this publication may be liable to criminal prosecution and civil claims for damages. Publishers : Federal Law House Composed By: : Muhammad Mazhar Iqbal Phone: 0333-5413162 Publishing Date : April, 2011. ISBN : 978-969-557-085-2 Price : Rs. 1800/- Printers : New Fine Printing Press, Lahore. DISCLAIMER Efforts have been made to avoid errors and omissions in this book with due care and diligence. However, errors or omissions may creep in while editing or processing for computerization and printing. Any such mistake, error, discrepancy or omission may be brought to the notice of Author, Editor and Compiler or the Publisher which shall be rectified in the next edition. Author, Editor and Compiler, Publisher, Printer or sellers are not responsible, directly or indirectly, for any consequences, damage or loss of action, consequential or incidental, to anyone, of any kind, in any manner, resulting therefrom the use of legal texts or case law as those are edited and compiled in good faith keeping utmost care and caution to make them error-free. However, in case of any confusion or difference, original legal texts may be consulted and used. It is further pointed out that a few legal texts have been reproduced from such sources which are not accessible easily and even after making the best efforts it was not possible to have access to latest amended texts of such documents and editors and compilers or the publisher is not responsible about the present status of those documents and are not accepting any legal responsibility about such documents as these are included in this book for the information of users in good faith and the users may resort to relevant authorities for their latest status and original texts. (ii)
The Gilgit-Baltistan Laws PREFACE The Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, the Fundamental law of Gilgit-Baltistan, is a milestone in the political and constitutional history of Gilgit-Baltistan. Gilgit Baltistan, which consists of seven districts---namely Gilgit, Ghizer, Diamar, Astore, Skardu, Hunza-Nagar and Ghanche---was formerly known as the Northern Areas of Pakistan. It is a self governed region in the north of Pakistan. It is governed through a representative Government and an independent judiciary. The governing document in force, prior to this, was the Northern Areas Governance Order, 1994. This law was not comprehensive and did not provide a complete law for governance. The deficiency has now been removed by the Gilgit- Baltistan (Empowerment and Self-Governance) Order, 2009 through a proper constitutional arrangement. The document contains provisions for a Governor, a Chief Minister, and a Legislative Assembly. The Legislative Assembly is elected, and it passes legislation for Gilgit- Baltistan. The Legislative Assembly has been very active since the promulgation of the new constitutional law. In 2010, the legislative Assembly passed ten Acts. Rules have also been framed by Government of Gilgit-Baltistan. The passing of ten Acts by the Legislative Assembly, just in one year, is indeed remarkable, and it reflects the keen interest of the Members of Legislative Assembly in lawmaking and effective governance. The Gilgit-Baltistan Supreme Appellate Court, which is the highest Court of Gilgit-Baltistan, is constituted under Article 60 of the said Order. The Gilgit- Baltistan Supreme Appellate Court has decided a large number of cases during the last two years on constitutional matters. Many suo motu cases pertaining to matters of public importance and of general interest have also been decided by the Gilgit-Baltistan Supreme Appellate Court. It is my belief that these historical judgments of the Supreme Appellate Court will go a long way in strengthening the judiciary and in promoting judicial independence. The commencement of the publication of the Gilgit-Baltistan Law Reports (GBLR) is also a great step taken by the Supreme Appellate Court to preserve its judgments for guidance and citation. The renewed organization of the constitutional structure and the reinvigoration of the law by the Legislative Assembly and Courts, it has become necessary to publish a Code containing laws passed by the legislature and now applicable in Gilgit-Baltistan. In this book, an attempt has been made to compile all the laws applicable in Gilgit-Baltistan. (iii)
The Gilgit-Baltistan Laws The book contains six parts. Part I contains Fundamental law, i.e., the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009 with comments based on case law of Superior Courts of Pakistan and Gilgit-Baltistan. In Part II Acts passed by the Legislative Assembly of Gilgit-Baltistan are include. Part III contains Acts passed by the Gilgit-Baltistan Council. Part IV is consist of Local Government Matters while Part V contains rules made under different laws. Part VI is containing the Karakoram International University Order, 2008. Last part of this book contains Adaptation, Enforcement and Application of Law Orders. I tried my best to collect maximum laws relating to Gilgit-Baltistan. Despite my best efforts I could not collect many laws due to lack of availability of record. The readers who may be in possession of the laws that are missing in this book are, therefore, requested to send me those laws so that they can be incorporated in this book. In this regard Governmental Authorities, Judges, Lawyers and Departments are also requested for the benefit of others to provide me with the relevant record for purposes of publication. At the end it is necessary to mention about the cooperation and guidance of the persons who have contributed with their suggestions. This work was would not have been possible without their co-operation. Mr. Hafeez-ur-Rehman, Law Secretary of Gilgit-Baltistan, provided me complete guidance and scholastic encouragement. Similarly, Mr. Mumtaz Ahmed, Additional District and Sessions Judge and Mr. Muhammad Ibrahim, Assistant Registrar of Supreme Appellate Court has helped me from time to time in compilation of this book. I am also thankful to Mr. Altaf Rehman (Ministry of Law & Justice) who very kindly spared his valuable time to assist me in compiling the statutes. I do not hesitate to say that without their co-operation, assistance and guidance I would not have been able to provide this book. Special thanks to Mr. Wazir Shakeel Ahmed, Minister for Planning & Development, Law, Water & Power, for his kind cooperation. Every effort has been made to make this publication error-free and provide an authentic text of statutes. But there is possibility of mistakes, errors or omissions but all it will be without any bad intention. However, I shall be thankful if readers could point out such mistakes, errors or omissions for rectification in future editions and benefit of others. I welcome all suggestions and proposals for improvement, additions and corrections for serving the legal fraternity in a better way, and I will be thankful for such guidance and co-operation. Your cooperation and guidance will be of tremendous benefit for me. Dated: 1st July, 2011. (iv) Muhammad Abdul Basit
C o n t e n t s THE GILGIT-BALTISTAN LAWS CONTENTS S. No. Description Page No. PART-I FUNDAMENTAL LAW 1 1. The Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009. 3 PART-II ACTS PASSED BY THE GILGIT-BALTISTAN LEGISLATIVE ASSEMBLY 129 2010 2. The Chief Election Commissioner Gilgit-Baltistan (Terms & Conditions) Act, 2010. 131 3. The Gilgit-Baltistan Legislative Assembly Speaker (Salaries, Allowances and Privileges) Act, 2010. 137 4. The Gilgit-Baltistan Legislative Assembly Deputy Speaker (Salaries, Allowances and Privileges) Act, 2010. 149 5. The Gilgit-Baltistan Legislative Assembly (Salaries, Allowances and Privileges of Members) Act, 2010. 161 6. The Gilgit-Baltistan Chief Minister/ Ministers (Salaries, Allowances and Privileges) Act, 2010. 171 7. The Gilgit-Baltistan Rented Premises Act, 2010. 183 8. The Gilgit-Baltistan Pre-emption Act, 2010. 215 9. The Gilgit-Baltistan Public Service Commission Act, 2010. 239 (v)
The Gilgit-Baltistan Laws 10. The Gilgit-Baltistan Service Tribunals Act, 2010. 247 11. The Gilgit-Baltistan Legislative Assembly Secretariat (Recruitment Terms and Conditions) Act, 2010. 265 2011 12. The Gilgit-Baltistan Board of Revenue Act, 2011. 275 13. The Iodine Deficiency Disorders Control Act Gilgit- Baltistan, 2011. 281 14. The Gilgit-Baltistan Pure Food Act, 2011. 299 15. The Gilgit-Baltistan Parliamentary Secretaries (Salary, Allowances and Privileges) Act, 2011. 323 PART-III ACTS PASSED BY THE GILGIT-BALTISTAN COUNCIL 329 16. The Members of the Gilgit-Baltistan Council (Salaries, Allowances and Privileges) Act, 2010. 331 17. The Gilgit Baltistan Council Civil Servants (Adaptation) Act, 2010. 341 18. The Gilgit Baltistan Council Adaptation of Laws Act, 2010. 345 PART-IV LOCAL GOVERNMENT MATTERS 349 19. The Northern Areas Local Government Order, 1979. 351 20. The Northern Areas Local Government Election Rules, 1979. 427 PART-V RULES MADE UNDER DIFFERENT LAWS 489 21. The Gilgit-Baltistan Council Rules of Business, 2010. 491 22. The Gilgit-Baltistan Council System of Financial Control and Budgeting Rules, 2010. 507 23. The Gilgit-Baltistan Legislative Assembly s Procedure and Conduct of Business Rules, 2010. 525 24. The Gilgit-Baltistan Public Service Commission (Functions) Rules, 2010. 631 25. The Gilgit-Baltistan Public Service Commission (Conditions of Service) Rules, 2010. 635 (vi)
C o n t e n t s 26. The Gilgit-Baltistan Judicial Service Rules, 2010. 639 27. The Gilgit-Baltistan Rules of Business, 2009. 649 28. The Gilgit-Baltistan System of Financial Control and Budgeting Rules, 2009. 703 29. The Supreme Appellate Court Gilgit-Baltistan Rules, 2008. 743 30. The Northern Areas Mining Concession Rules, 2003. 843 31. The Northern Areas Drugs Rules, 1996. 935 32. The Northern Areas Local Councils (Pension) Rules, 1989. 951 33. The Northern Areas Nautore Rules, 1978. 955 34. The Northern Areas Electoral Rolls Rules, 1975. 961 PART-VI KARAKORAM INTERNATIONAL UNIVERSITY ORDER 979 35. The Karakoram International University Order, 2008. 981 PART-VII ADAPTATION, ENFORCEMENT AND APPLICATION OF LAWS ORDERS 1019 1. The Customs Act (Adaptation) Order, 1980. 1023 2. The Northern Areas Adaptation of Laws Order, 1981. 1024 3. The Northern Areas Hotels and Restaurants Rules, 1982. 1026 4. The Northern Travel Agencies Rules, 1982. 1027 5. The Northern Areas Arms Order, 1990. 1028 6. West Pakistan Motor Vehicles (Northern Areas) (Amendment) Order, 1990. 1029 7. The Northern Areas Code of Civil Procedure Order, 1991. 1030 8. The Sales Tax (Enforcement) Order, 1999. 1031 9. The National Highway Authority Act, 1991 (Adaptation and Enforcement) Order, 2000. 1032 10. The National Accountability Bureau Ordinance, 1999 (Adaptation and Enforcement) Order, 2000. 1033 11. The Northern Areas Anti-Terrorism Order, 2000. 1034 12. The Removal from Service (Special Powers) (Adaptation and Enforcement) Order, 2000. 1035 (vii)
The Gilgit-Baltistan Laws 13. The Anti-Narcotics Force (Adaptation and Enforcement) Order, 2000. 1036 14. The Northern Areas Legal Practitioners and Bar Councils Order, 2000. 1037 15. The Northern Areas Civil Courts (Amendment) Order, 2001. 1038 16. The National Highways Safety Ordinance, 2000 (Adaptation and Enforcement) Order, 2001. 1039 17. The Financial Institutions (Recovery of Finances) (Adaptation and Enforcement) Order, 2001. 1040 18. The Civil Defence (Adaptation and Enforcement) Order, 2002. 1041 19. The Environmental Protection (Adaptation and Enforcement) Order, 2002. 1042 20. The National Commission on the Status of Women (Adaptation and Enforcement) Order, 2002. 1043 21. The Juvenile Justice System (Adaptation and Enforcement) Order, 2002. 1044 22. The Northern Areas Regulation of Mines and Oil-fields and Mineral Development Order, 2003. 1045 23. The Northern Areas Protection of Breast-Feeding and Child Nutrition Ordinance (Adaptation and Enforcement) Order, 2003. 1046 24. The Northern Areas Electronic Media Regulatory Authority Ordinance, 2002 (Enforcement) Order, 2005. 1047 25. The Northern Areas Telecommunication (Reorganization) (Adaptation and Enforcement) Order, 2006. 1048 26. The Northern Areas Public Procurement Rules (Adaptation and Enforcement) Order, 2006. 1049 27. The Higher Education Commission Ordinance (Application to Northern Areas) Order, 2008. 1050 28. The Federal Universities Ordinance (Application to Northern Areas) Order, 2008. 1051 29. The Trade Organizations Ordinance (Adoption and Enforcement) Order, 2009. 1052 (viii)