Volume XIV

1.
AZAD GOVERNMENT OF THE

STATE OF JAMMU & KASHMIR
Department of Law, Justice,

Parliamentary Affairs & Human Rights
THE
AZAD JAMMU AND KASHMIR
LAWS CODE
Volume XIV
(2018 to 2020)
All rights reserved with
AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR
(Department of Law, Justice, Parliamentary Affairs & Human Rights)
First Edition
2021
Printed By:
Manzoor Law Book House
2 – Mozang Road, Lahore. Ph: +924237313793-37228413
Mob: 03004307860 manzoorlawbookhouse55@gmail.com
LIST OF ACTS 2018
S. No. Name of Act Act No. Page No.
1. The Azad Jammu and Kashmir I 1
Interim Constitution (Twelfth
Amendment) Act, 2018.
2. The Azad Jammu and Kashmir II 3
Board of Investment Act, 2018.
3. The Azad Jammu and Kashmir III 12
Interim Constitution (Thirteenth
4. The Azad Jammu and Kashmir IV 42
Finance Act, 2018.
5. The Bank of Azad Jammu and V 46
Kashmir (Amendment) Act, 2018.
6. The Criminal Law (Amendment) VI 48
Act, 2018.
7. The Azad Jammu and Kashmir VII 53
Press Foundation (Amendment)
Act, 2018.
8. The Azad Jammu and Kashmir VIII 58
Ehtesab Bureau (Fifth Amendment)
Act, 2018.
LIST OF ACTS 2019
1. The Jammu and Kashmir Liberation I 59
Cell (Amendment) Act, 2019.
2. The Azad Jammu and Kashmir II 60
Legislative Assembly Deputy Speaker
(Salary, Allowances and Privileges)
(Amendment) Act, 2019.
3. The Azad Jammu and Kashmir III 61
Restriction on Employment of
Children Act, 2019.
4. The Trade Organizations IV 71
(Registration and Regulation) Act,
2019.
5. The Bank of Azad Jammu and V 92
Kashmir (Amendment) Act, 2019.
6. The Azad Jammu and Kashmir VI 93
Finance Supplementary (Amendment)
Act, 2019.
7. The Azad Jammu and Kashmir VII 96
President’s Pension (Amendment)
Act, 2019.
Tourism Promotion Act, 2019.
9. The Chief Election Commissioner IX 106
(Terms and Conditions)
10. The Azad Jammu and Kashmir X 107
Disaster Management (Amendment)
Act, 2019.
11. The Azad Jammu and Kashmir Anti XI 108
Terrorism (Amendment) Act, 2019.
12. The Azad Jammu and Kashmir Cease XII 111
Fire Line Incidents Relief
13. The University of Kotli Azad Jammu XIII 115
and Kashmir (Amendment) Act,
2019.
14. The Azad Jammu and Kashmir XIV 116
Members of the Election Commission
(Terms and Conditions) Act, 2019.
15. The Azad Jammu and Kashmir XV 118
Family Courts (Amendment) Act,
2019.
16. The Federal Public Service XVI 119
Commission (Repeal) Act, 2019.
17. The Criminal Law (Amendment) Act, XVII 121
2019.
18. The Azad Jammu and Kashmir XVIII 133
Finance Act, 2019.
19. The Azad Jammu and Kashmir XIX 151
Clinical Laboratories Regulatory
Authority Act, 2019.
LIST OF ACTS 2020
1. The Power Development I 163
Organization (Amendment) Act,
2019.
2. The Transplantation of Human II 165
Organs and Tissues Act, 2019.
3. The Removal from Service III 174
(Special Powers) (Repeal) Act,
2019.
Allopathic System (Prevention
of Misuse) Act, 2019.
5. The West Pakistan Land V 178
Revenue (Amendment) Act,
2019.
6. The Azad Jammu and Kashmir VI 185
Constitution of Shariat Appellate
Bench of the High Court
7. The Code of Criminal Procedure VII 186
Local Government
9. The Azad Jammu and Kashmir IX 191
Compulsory Teaching of the
Holy Quran Act, 2019.
10. The Azad Jammu and Kashmir X 193
Text Book Board (Amendment)
Act, 2019.
11. The Azad Jammu and Kashmir XI 194
Ehtesab Bureau (Sixth
12. The Azad Jammu and Kashmir XII 204
Land Acquisition Act, 2020.
13. The Criminal Law (1st XIII 233
14. The Criminal Law (2nd XIV 234
15. The Azad Jammu and Kashmir XV 268
Central Board of Revenue Act,
2020.
16. The Azad Jammu and Kashmir XVI 277
Commission for Human Rights
Act, 2020.
17. The Azad Jammu and Kashmir XVII 291
Cease Fire Line Incidents Relief
18. The Azad Jammu and Kashmir XVIII 293
Elections Act, 2020
19. The Azad Jammu and Kashmir XIX 365
Service Tribunals (Amendment)
Act, 2020.
20. The Azad Jammu and Kashmir XX 366
Law Commission (Amendment)
Act, 2020.
21. The Azad Jammu and Kashmir XXI 367
Public Service Commission
22. The Azad Jammu and Kashmir XXII 369
Finance Act, 2020.
23. The Criminal Law (3rd XXIII 374
Amendment) Act, 2020
24. The Timber Trade XXIV 377
(Nationalization) Repeal Act,
2020.
25 The Azad Jammu and Kashmir XXV
Local Government
(Amendment) Act, 2020
26 The Azad Jammu and Kashmir XXVI
Ehtesab Bureau (Seventh
27 The Azad Jammu and Kashmir XXVII
Elections (Amendment) Act,
2020
28 The Azad Jammu and Kashmir XXVIII
Service Tribunals (Amendment)
Act, 2020
29 The Criminal Law (Fourth XXIX
30 The Azad Jammu and Kashmir XXX
Medical Colleges (Governing
Body) Act, 2020
31 The Azad Jammu and Kashmir XXXI
Members of the Election
Commission (terms and
conditions) (Amendment) Act,
2020
32 The Azad Jammu and Kashmir XXXII
Employees Benevolent Fund and
Group Insurance (Amendment)
Act, 2020
33 The Azad Jammu and Kashmir XXXIII
Board of Revenue (Amendment)
Act, 2020
34 The Azad Jammu and Kashmir XXXIV
Distressed Persons Relief
(Amendment) Act, 2020
35 The Criminal Law (Fifth XXXV
36 The Azad Jammu and Kashmir XXXVI
Nikha and Talaq Registration
Act, 2020
37 The Control of Narcotics XXXVII
Substances (Amendment) Act,
2020
38 The Azad Jammu and Kashmir XXXVIII
COVID-19 (Prevention of
Hoarding) Act, 2020
39 The Azad Jammu and Kashmir XXIX
Charities Registration,
Regulation and Facilitation Act,
2020
40 The Azad Jammu and Kashmir XL
Interim Constitution (Fourteenth
LIST OF ORDINANCES 2018
S. No. Name of Ordinance Ord. No. Page No.
1. The AJ&K Local Government I 379
(Amendment) Ordinance, 2018.
2. The AJ&K Local Government II 383
3. The Foreign Assets (Declaration III 385
and Repatriation) Ordinance, 2018.
4. The AJ&K Voluntary Declaration IV 394
of Domestic Assets Ordinance,
2018.
5. The Foreign Assets (Declaration V 404
and Repatriation) Ordinance, 2018.
6. The AJ&K Voluntary Declaration VI 414
of Domestic Assets Ordinance,
2018.
7. The AJ&K Anti-Terrorism VII 424
8. The AJ&K Income Tax VIII 427
(Adaptation and Validation)
Ordinance, 2018.
9. The AJ&K President’s Pension IX 429
S. No. Name of Ordinance Ord. No. Page No.
1. The AJ&K Tourism Promotion I 431
Ordinance, 2019.
2. The AJ&K Assets Declaration II 441
3. The AJ&K Local Government III 443
Charities Registration, Regulation and
Facilitation Ordinance, 2019.
S. No. Name of Ordinance Ord. No. Page No
1. The AJ&K Public Service I
Commission (Amendment) Ordinance,
2020 (Ordinance not issued under this
Number)
2. The AJ&K Service Tribunal II 459
3. The AJ&K Covid-19 (Prevention of III 460
Hoarding) Ordinance, 2020.
4. The AJ&K Public Service IV 467
Commission (Amendment) Ordinance,
2020.
5. The AJ&K Members of the Election V 469
Commission (Terms and Conditions)
6. The AJ&K Members of the Election VI 470
Commission (Terms and Conditions)
7. The AJ&K Ehtesab Bureau (Seventh VII 472
Amendment) Ordinance, 2020.
8 The Azad Jammu and Kashmir VIII
Legislative Assembly (Salaries,
Allowances, Privileges and Pension of
the Members) (Amendment)
Ordinance, 2020.
9 The Azad Jammu and Kashmir IX
Mineral and Industrial Development
Corporation and Absorption of
Employees Ordinance, 2020.
Volume XIV (2018-2020)
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

LAW, JUSTICE, PARLIAMENTARY AFFAIRS AND HUMAN RIGHTS
DEPARTMENT MUZAFFARABAD
Dated: 16th February, 2018
No. LD/Legis-Act/812-27/2018. The following Act of the Azad Jammu
and Kashmir passed by the Joint Sitting, received the assent of the
President on the 14th day of February 2018, is hereby published for
general information:-
(ACT I OF 2018)
An
Act
further to amend the Azad Jammu and Kashmir Interim Constitution
Act, 1974
WHEREAS, it is expedient further to amend the Azad Jammu
and Kashmir Interim Constitution Act, 1974 (Act VIII of 1974), in the
manner hereinafter appearing;
It is hereby enacted as follows:-
1. Short title and Commencement.- (1) This Act may be called
the Azad Jammu and Kashmir Interim Constitution (Twelfth
(2) It shall come into force at once.
2. Amendment of Section 2, (Act VIII of 1974).- In the Azad
Jammu and Kashmir Interim Constitution Act, 1974 (Act VIII of
1974), in Section 2,-
(i) in sub-section (1), for the definition of the term
‘Muslim’, following shall be substituted:-
‘Muslim’ means a person, who believes in the unity and
oneness of Almighty Allah, in the absolute and
unqualified finality of the Prophethood of Muhammad
(peace be upon him), the last of the prophets, and does
not believe in, or recognize as a prophet or religious
reformer, any person who claimed or claims to be a
prophet, in any sense of the word or of any description
whatsoever, after Muhammad (peace be upon him);”
(ii) after the definition of the term ‘Muslim’, as substituted
above, following new term ‘Non-Muslim’, shall be
inserted:-
‘Non-Muslim’ means a person, who is not a Muslim and
includes a person belonging to the Christian, Jew,
1
Hindu, Sikh, Budhist or Parsi community, a person of

the Quadiani group or the Lahori group (who call
themselves ‘Ahmadis’ or by any other name), or a
Bahai, or any person who does not fulfill the
requirements of a Muslim;” and
(iii) sub-section (3) shall be omitted.
Sd/-
(Irshad Ahmed Qureshi)
Secretary Law
2

Dated: 11th May, 2018
No. LD/Legis-Act/26-36/2018. The following Act of the Assembly
received the assent of the President on 3rd day of May 2018, is hereby
published for general information.
(ACT II OF 2018)
An
Act
to provide for the establishment of the Board of Investment as an apex
agency to promote, encourage and facilitate the investment in the Azad
Jammu and Kashmir
WHEREAS, it is expedient to provide for the establishment of
the Board of Investment to promote, encourage and facilitate the
investment and for matters connected therewith and ancillary thereto;
1. Short title and Commencement.- (1) This Act may be
called the Azad Jammu and Kashmir Board of Investment
Act, 2018.
2. Definitions.- In this Act, unless there is anything repugnant in
the subject or context, following terms and expressions shall
have the meaning as hereby respectively assigned to them,–
(a) “AJ&K” means the Azad Jammu and Kashmir;
(b) “Board” means the Board of Investment established
Section 3;
(c) “Chairman” means the Chairman of the Board;
(d) “Government” means the Azad Government of the State
of Jammu and Kashmir;
(e) “Investment policy” means the Investment policy
formulated, modified and approved from time to time;
(f) “Member” means the Member of the Board;
(g) “President” means President of the Board;
(h) “Regulations” means Regulations made under this Act;
(i) “Rules” mean rules made under this Act;
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(j) “Special Industrial Zone” means an Industrial Estate, an

Export Processing Zone, a Free Industrial Zone, a
Special Economic Zone and export oriented unit or a
free trade zone, notified as such by the Government;
(k) “Secretary” means the Secretary of the Board;
(l) “Vice President” means the Vice President of the Board;
and
(m) “Prescribed” means prescribed by the rules;
3. Establishment of the Board of Investment.–(1) There shall be
established a Board to be called the Board of Investment (BoI)
for carrying out the purposes of this Act.
(2) The Board shall consist of,-
(a) the Prime Minister of the Azad Jammu and Kashmir,
who shall be its President;
(b) the Minister for Industries and Commerce, who shall be
its Vice-President;
(c) Chairman of the Board; and
(d) not more than fourteen ex-officio members and non-
official members:
Provided that not less than five non-official
members shall be appointed from private sector from
amongst persons of renowned integrity, expertise,
experience and knowledge including, inter alia,
academia, science, agriculture, banking, Business,
commerce, economic, engineering, finance, industry,
investment, law, marketing, mathematics, statistics and
technology.
(3) The ex-officio and the non-official members shall be
appointed by the Government and the appointment of non-
official members shall be made on honorary basis.
(4) The headquarter of the Board shall be at Muzaffarabad
and it may, with the approval of its President, establish its liaison
offices in Islamabad.
4. Chairman.– (1) There shall be a Chairman of the Board who
shall be a person designated as such by the Government on the
terms and conditions as it may determine by notification in the
Official Gazette.
4
(2) The Chairman shall exercise such powers and perform

such functions as may be assigned to him by the Board.
5. Secretary.– (1) There shall be a Secretary of the Board
designated as such by the Government, who shall attend
meetings of the Board and perform such functions as the
Chairman may assign.
(2) The Secretary shall be the administrative head and
principal accounting officer of the Board and shall have the
status of a Secretary to the Government.
6. Non-official members.– (1) The members of the Board who are
not appointed ex-officio by the Government, hereinafter referred
to as non-official members, shall hold office for a term of two
years and shall be eligible for reappointment.
(2) A non-official member may, by writing under his hand
addressed to the Government, resign his office.
(3) A casual vacancy of any non-official member shall be
filled in by appointment/nomination of another member for the
residue of the term of his predecessor.
(4) A non-official member shall hold office during the
pleasure of the Government and may be removed from office if
such member has, in the opinion of the Government, so abused
the position as to render his continuance in office detrimental to
public interest:
Provided that no member shall be removed from office
until he has been given a reasonable opportunity of being heard.
7. Meetings of the Board.–(1) Except as hereinafter provided, the
Board shall regulate the procedure for its own meetings.
(2) The Board shall meet at least once every three months.
(3) Meetings of the Board shall be presided,–
(a) by its President;
(b) in the absence of the President, the Chairman will be the
Vice-President.
(4) The quorum for meetings shall be one-third of the total
membership of the Board.
(5) All matters in the meetings of the Board shall be decided
by a majority of the members present and voting, and in case of
equality of votes, the person presiding over the meeting shall
have a second or casting vote.
5
(6) Any urgent business of the Board may be transacted by

circulation among all its members and any proposal so circulated
and approved by a majority of the members shall be as effective
and binding as if such proposal had been passed at a regular
meeting of the Board.
(7) Investment proposal may be initiated by the Board, in
consultation with concerned department and approval of the
Board.
8. Validity of proceedings.– No act, proceedings, decision or order
of the Board or a committee thereof shall be invalid by reason
only of existence of any vacancy or defect in the constitution of
the Board or, as the case may be, a committee of the Board.
9. Functions of Board.- (1) Notwithstanding anything contained in
any law the Board shall,-
(a) from time to time, review the investment policy and
laws, and propose any amendments, modifications and
relaxations therein as it may deem appropriate to the
Cabinet for approval;
(b) initiate and consider sectoral investment proposals and
categories of investment which may require specific
treatment and propose such sectoral incentives or
conditions or criteria requiring rationalization of existing
policies;
(c) be associated by the Government in the formulation of
all policies that may have an impact on investment in
AJ&K, including inter alia, economic, fiscal and trade
policies;
(d) identify and promote the investment opportunities in
different sectors and their promotion in AJ&K;
(e) coordinate with concerned Departments and different
agencies of the Government with regard to policies and
their implementation having impact on investment;
(f) provide one window facilities for provision of all
services and utilities to investors by coordinating
concerned departments, agencies and governments;
(g) deal with matters relating to Industrial Zones as may be
referred to it by the Government;
(h) monitor the progress of investment programmes and
projects at all stages and ensure, through inter-agency
6
and inter-departmental coordination, prompt

implementation and operation;
(i) review investment promotion plans, formulate
institutional arrangements, make transparent and
simplified procedures and guidelines for investment
promotion;
(j) appraise, evaluate and process all investment proposals
and projects received from the investors for submission
to the Cabinet or a Committee of the Cabinet or the
Board;
(k) appoint/nominate commissions, expert bodies and
consultants to study various aspects of attracting
investment in all sectors and improving the investment
climate, procedures and other related matters;
(l) maintain a data-base of investment projects in the private
sector that involve local and foreign capital;
(m) negotiate and finalize memorandum of understanding
and/or agreements for protection and promotion of
investment and represent AJ&K on national and regional
organizations pertinent to investment promotion through
Board of Investment of Pakistan;
(n) liaise with private sector trade bodies and associations
for their active participation in promotion of investment;
(o) collect, compile, analyze, maintain and distribute
investment-related information and, from time to time
publish periodical analytical reports in investment
trends;
(p) promote a congenial environment for investment by
ensuring de-regulation and other measures to remove
obstacles to investment;
(q) develop a marketing, image-building and public relations
strategy to generate interest in the potential and
opportunities of the AJ&K market, and publicize its
activities;
(r) communicate all major important administrative,
financial and policy matters to the management of
business undertakings falling within the purview of the
investment policy approved by the Government;
7
(s) establish Overseas Commissions consisting of prominent

overseas Kashmiris entrepreneurs and other individuals
to act as investment promotion counselors purely in an
honorary capacity;
(t) consider individual investment proposals and categories
of investment which require special treatment and
recommend, where appropriate, additional incentives or
relaxation of conditions or criteria required under
existing policies.
(u) from time to time, determine and review the scale of fees
and charges for services provided to the investors by it;
and
(v) any other function assigned by the Cabinet and the
Cabinet Committee on Investment (CCoI).
10. Directive of the Government.–For furthering the functions of
the Board the Government may, as and when it considers
necessary, issue directives to the Board on matters of policy, and
such directives shall be binding on the Board. If a question arises
whether any matter is a matter of policy or not, the decision of
the Government shall be final.
11. Budget.- The Government may provide the budget in accordance
with the financial position of the Government.
12. Grants.-The Government may, from time to time, place grants at
the disposal of the Board for the smooth discharge of its affairs
subject to the financial position of the Government.
13. Fund.- (1) There shall be constituted a fund to be called the
Board Fund to which shall be credited all sums received by the
Board and out of which shall be defrayed all its expenditure.
(2) The Fund shall consist of -,
(a) grants made by the Government, if any, in accordance
with the financial position of the Government;
(b) any aid or loans obtained or raised by the Board with the
special or general sanction of the Government; and
(c) all other sums including fees and charges receivable by
the Board.
14. Budget and accounts.- (1) In respect of each financial year, the
Board shall submit for approval of the Government, by such date
and in such form as may be specified by the Government, a
statement showing the estimated receipts and expenditure and the
8
sums which are likely to be required from the Government

during the next financial year.
(2) The accounts of the Board shall be maintained in such
form and manner as the Government may, in consultation with
the Auditor-General of AJ&K, determine.
(3) The accounts of the Board shall be audited every year by
the office of the Auditor-General of AJ&K.
(4) The accounts of the Board shall be expended for the
purposes of,-
(a) paying any expenditure lawfully incurred by it including
the remuneration and allowances of the Chairman, the
members, employees, advisers and consultants,
accountants, lawyers, valuers and other experts
appointed and employed by its provident fund
contributions, superannuation allowances or gratuities,
legal fees and costs, and other fees and costs, if any;
(b) paying for expenditure incurred on–
(i) marketing and publicity; and
(ii) seminars and conferences;
(c) purchasing or hiring equipment, machinery and any
other materials, acquiring land, erecting buildings and
conducting other work and undertakings in the
performance of its functions or the exercise of its powers
under this Act; and
(d) paying any other expenses, costs or expenditure properly
incurred or accepted by the Board in the performance of
its functions or the exercise of its powers under this Act.
15. Annual Report.- (1) The Board shall prepare and submit to the
Government, as soon as possible after the end of each financial
year but not later than the last day of March of the next year, a
report on the conduct of its affairs for that year.
(2) The report shall include,-
(a) an audited statement of income and expenditure;
(b) an audited balance sheet;
(c) a short financial statement of the preceding financial
year;
(d) activities of the Board during the preceding financial
year;
9
(e) an outline of the investment programme for the year

ahead; and
(f) any other matter which the Government may direct or
the Board may consider appropriate.
16. Delegation of powers.- The Board may by general or special
order, delegate to the Chairman, the Secretary or any officer of
the Board, any of its powers or functions subject to such
conditions as it may deem fit to impose.
17. Recruitment etc.- (1) The Board may, keeping its financial
position, in view, appoint, or designate such officers, advisers,
consultants and employees as it considers necessary for the
efficient performance of its functions on such terms and
conditions as may be Prescribed:
Provided that all appointments shall be made in
accordance with the Prescribed educational, technical or
professional qualifications and experience.
(2) The age of superannuation shall be sixty years for the
employees of the Board.
18. Assistance from other agencies.- (1) The Board may require
any information from all sources including private sector
organizations and agencies, any Department, statutory body,
corporation, agency of the Government or any provincial
government or Government of Pakistan which, in its opinion,
concerns any matter relating to the Board, and the requisite
information shall be provided to the Board within a fortnight of
the receipt of such request.
(2) The Board may request any Department, statutory body,
corporation, agency of the Government to review such proposals,
policies, directions, guidelines, notifications, circulars, orders,
regulations and rules, which, in its opinion, concern any matter
relating to the Board, and the concerned Department, statutory
body, corporation, agency of the Government shall give its
decision in writing based on sound reasons within a fortnight of
such request.
(3) Subject to sub-section (4), if, upon receiving the decision
under sub-section (2), the Board is of opinion that the decision
adversely affects any policy relating to its working, it may
request the concerned Department, statutory body, corporation,
agency of the Government to review such decision in
consultation with it or its authorized officer.
10
19. Indemnity.- No suit, prosecution, or other legal proceeding shall

lie against the Board, the Chairman, the Secretary, the members,
the employees and consultants of the Board for anything done in
good faith or intended to be done under this Act, or any rule or
regulation made thereunder.
20. Committees.- To assist it in the performance of its functions, the
Board may constitute such committees consisting of such
persons as it may deem fit.
21. Power to make Rules and Regulations.- (1) The Board may,
with the approval of the Government, make rules for carrying out
the purposes of this Act.
(2) The Board may make regulations for regulating its
proceedings or functions etc, under this Act.
22. Removal of difficulties.- If any difficulty arises in giving effect
to the provisions of this Act, the Government may, within two
years of the commencement of this Act, make such order, not
inconsistent with the express provisions of this Act, as may
appear to it to be necessary or expedient for the purpose of
removing such difficulty.
Sd/-
(Sardar Rashid Kaleem)
Deputy Secretary (Legislation)
11

Dated: 2nd June, 2018
No. LD/Legis-Act/37-52/2018. The following Act of the Azad Jammu
and Kashmir, passed by the Joint Sitting and assented by the President on
the 1st day of June, 2018, is hereby published for general information:-
(ACT III OF 2018)
An
Act
further to amend the Azad Jammu and Kashmir Interim Constitution
Act, 1974
WHEREAS it is expedient further to amend the Azad Jammu
and Kashmir Interim Constitution Act, 1974 (VIII of 1974), for the
purposes hereinafter appearing;
1. Short title and commencement.- (1) This Act may be called the
Azad Jammu and Kashmir Interim Constitution (Thirteenth
2. Amendment in the Preamble of the Azad Jammu and
Kashmir Interim Constitution Act, 1974.- In the Azad Jammu
and Kashmir Interim Constitution Act, 1974 (VIII of 1974),
hereinafter referred to as the Constitution, in the Preamble,
between third and fourth paragraphs, the following new
paragraphs shall be inserted:-
“AND WHEREAS the Muslims shall be enabled to
order their lives in the individual and collective spheres in
accordance with the teachings and requirements of Islam as set
out in the Holy Quran and Sunnah;
AND WHEREAS, it is necessary to cause further
empowerment of the Legislative Assembly of Azad Jammu and
Kashmir and Azad Government of the State of Jammu and
Kashmir as being chosen representative of the people of Azad
Jammu and Kashmir to exhaustively exercise their legislative
powers and executive authority, as the case may be, for the
better governance, socio-economic development and in
particular for general welfare of people of Azad Jammu and
Kashmir in the sustained manner and other matters ancillary
thereto beside pursuing and fostering our cause of securing self-
12
determination under the UN Charter and according to the

UNCIP Resolutions through the democratic method of free and
fair plebiscite under the auspices of the United Nations;”
3. General amendment in the Constitution.- In the Constitution,-
(i) for the words “this Act” wherever occurring, the words
“the Constitution” shall be substituted and referred as
such;
(ii) for the words “Section” and “sub-section”, wherever
occurring, the words “Article” and “sub-Article” shall
be substituted and referred as such respectively.
4. Amendment of Article 1 of the Constitution.- In the
Constitution, sub-Article (1) of Article 1 shall be substituted as
under,-
“(1) This Constitution shall henceforth be known as the Azad
Jammu and Kashmir Interim Constitution, 1974.”
Constitution, in Article 2, in sub-Article (1),-
(i) the definition of term ‘Joint Sitting’ shall be omitted;
(ii) in the definition of term ‘Judge’, between the words
“an” and “additional”, the words “ad-hoc Judge of the
Supreme Court and” shall be inserted.
(iii) in the definition of term ‘Service of Azad Jammu and
Kashmir’ the words “or Advisor appointed under Article
21” shall be omitted.
(iv) for sub-Article (2), the following shall be substituted:-
“(2) In the Constitution, Act of the Assembly, shall include
an Ordinance promulgated under sub-Article (1) of Article 41.”
6. Addition of new Article 3-A to 3-J of the Constitution.- In the
Constitution, after Article 3, the following new Article 3-A, 3-
B, 3-C, 3-D, 3-E, 3-F, 3-G, 3-H, 3-I, and 3-J shall be added,
namely.-
“3-A. Principles of Policy.- (1) The Principles set out in
Article 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, 3-H, 3-I
and 3-J shall be known as the Principles of Policy,
and it is the responsibility of each organ and authority
of the State, and of each person performing functions
on behalf of an organ or authority of the State, to act
13
in accordance with these Principles in so far as they

relate to the functions of the organ or authority.
(2) In so far as the observance of any particular
Principle of Policy may be dependent upon resources
being available for the purpose, the Principle shall be
regarded as being subject to the availability of
resources.
(3) In respect of each year, the President shall cause
to be prepared and laid before the Assembly, a report
on the observance and implementation of the
Principles of Policy and provision shall be made in
the rules of procedure of the Assembly for discussion
on such report.
3-B. Responsibility with respect to Principles of Policy.-
(1) The responsibility of deciding whether any action of
an organ or authority of the State, or of a person
performing functions on behalf of an organ or authority
of the State, is in accordance with the Principles of
Policy is that of the organ or authority of the State, or of
the person, concerned.
(2) The validity of an action or of a law shall not be
called in question on the ground that it is not in
accordance with the Principles of Policy, and no action
shall lie against the State or any organ or authority of the
State or any person on such ground.
3-C. Islamic way of life.- (1) Steps shall be taken to enable
the Muslim State Subjects, individually and collectively,
to order their lives in accordance with the fundamental
principles and basic concepts of Islam and to provide
facilities whereby they may be enabled to understand the
meaning of life according to the Holy Quran and
Sunnah.
(2) The state shall endeavor, as respects the
Muslims of State:-
(a) to make the teaching of the Holy Quran and
Islamiat compulsory, to encourage and facilitate
the learning of Arabic language and to secure
correct and exact printing and publishing of the
Holy Quran;
(b) to promote unity and the observance of the
Islamic moral standards; and
14
(c) to secure the proper organization of zakat, usher,

auqaf and mosques.
3-D. Promotion of local Government institutions.- The
State shall encourage local Government institutions
composed of elected representatives of the areas
concerned and in such institutions special representation
will be given to peasants, workers and women.
3-E. Parochial and other similar prejudices to be
discouraged.- The State shall discourage parochial,
racial, tribal and sectarian prejudices among the State
Subjects.
3-F. Full participation of women in life.- Steps shall be
taken to ensure full participation of women in all spheres
of life.
3-G. Protection of family, etc.- The State shall protect the
marriage, the family, the mother and the child.
3-H. Protection of minorities.- The State shall safeguard the
legitimate rights and interests of minorities including
their due representation in the Service of Azad Jammu
and Kashmir.
3-I. Promotion of social justice and eradication of social
evils.- The State shall,-
(a) promote, with special care, the educational
and economic interests of backward classes
or areas;
(b) remove illiteracy and provide free and
compulsory secondary education within
minimum possible period;
(c) make technical and professional education
generally available and higher education
equally accessible to all on the basis of
merit;
(d) ensure inexpensive and expeditious justice;
(e) make provision for securing just and humane
conditions of work, ensuring that children
and women are not employed in vocations
unsuited to their age or sex, and for
15
maternity benefits for women in

employment;
(f) enable the people of different areas, through
education, training, agricultural and
industrial development and other methods,
to participate fully in all forms of national
activities, including employment in the
service of Azad Jammu and Kashmir;
(g) prevent prostitution, gambling and taking of
injurious drugs, printing, publication,
circulation and display of obscene literature
and advertisements;
(h) prevent the consumption of alcoholic liquor
otherwise than for medicinal and, in the case
of non-Muslims, religious purposes; and
(i) decentralise the Government administration
so as to facilitate expeditious disposal of its
business to meet the convenience and
requirements of the public.
3-J. Promotion of social and economic well-being of the
people.- The State shall ,-
(a) secure the well-being of the people,
irrespective of sex, caste, creed or race, by
raising their standard of living, by
preventing the concentration of wealth and
means of production and distribution in the
hands of a few to the detriment of general
interest and by ensuring equitable
adjustment of rights between employers and
employees, and landlords and tenants;
(b) provide for all citizens, within the available
resources of the State, facilities for work and
adequate livelihood with reasonable rest and
leisure;
(c) provide for all persons employed in the
service or otherwise, social security by
compulsory social insurance or other means;
16
(d) reduce disparity in the income and earnings

of individuals, including persons in the
various classes of the service; and
(e) eliminate riba as early as possible.
Constitution, in sub-Article (4) of Article 4, in paragraphs
relating to fundamental rights,-
(i) in paragraph 1, between the words “of” and “liberty” the
words “life or” shall be inserted;
(ii) in paragraph 2, for the sub-paragraph (4) and (5), the
following shall be substituted, namely:-
“(4) No law providing for preventive detention shall
be made except to deal with persons acting in a manner
prejudicial to the integrity, security or defense of Azad
Jammu and Kashmir or Pakistan or any part thereof, or
public order, or the maintenance of supplies or services,
and no such law shall authorize the detention of a person
for a period exceeding three months unless the Review
Board has, after affording him an opportunity of being
heard in person, reviewed his case and reported, before
the expiration of the said period, that there is, in its
opinion, sufficient cause for such detention, and, if the
detention is continued after the said period of three
months, unless the Review Board has reviewed his case
and reported, before the expiration of each period of
three months, that there is, in its opinion, sufficient cause
for such detention.
Explanation-I: In this clause, “the Review Board”
means a Board appointed by the Chief Justice of Azad
Jammu and Kashmir consisting of a Chairman and two
other persons, each of whom is or has been a Judge of
the Supreme Court or a High Court.
Explanation-II: The opinion of the Review Board shall
be expressed in terms of the views of the majority of its
members.
(5) When any person is detained in pursuance of an
order made under any law providing for preventive
detention, the authority making the order shall, within
fifteen days from such detention, communicate to such
person the grounds on which the order has been made,
17
and shall afford him the earliest opportunity of making a

representation against the order:
Provided that the authority making any such
order may refuse to disclose facts which such authority
considers it to be against the public interest to disclose.
(6) The authority making the order shall furnish to
the Review Board all documents relevant to the case
unless a certificate, signed by a Secretary to the
Government concerned, to the effect that it is not in the
public interest to furnish any documents, is produced.
(7) Within a period of twenty four months
commencing on the day of his first detention in
pursuance of an order made under a law providing for
preventive detention, no person shall be detained in
pursuance of any such order for more than a total period
of eight months in the case of a person detained for
acting in a manner prejudicial to public order and twelve
months in any other case:
Provided that this clause shall not apply to any
person who is employed by, or works for, or acts on
instructions received from, the enemy, or who is acting
or attempting to act in a manner prejudicial to the
integrity, security or defense of Azad Jammu and
Kashmir or Pakistan or any part thereof or who commits
or attempts to commit any act which amounts to an anti-
national activity as defined in a law or is a member of
any association which has for its objects, or which
indulges in, any such anti-national activity.
(8) The Review Board shall determine the place of
detention of the person detained and for a reasonable
subsistence allowance for his family.
(9) Nothing in this clause shall apply to any person
who for the time being is an enemy alien.
(iii) In paragraph 3,-
(a) in sub-paragraph (2), between the words
“labour” and “are” the words “and traffic in
human beings” shall be inserted and thereafter
the following new sub-paragraph (2-a) shall be
added;
18
“(2-a) No child below the age of fourteen years

shall be engaged in any factory or mine or any
other hazardous employment.”
(b) the full stop at the end of clause (b) of sub-
paragraph (3) shall be substituted by a colon and
thereafter the following proviso shall be added:
“Provided that no compulsory service
shall be of a cruel nature or incompatible with
human dignity.”
(iv) for paragraph 7, the following shall be substituted,
namely:-
“7. Freedom of association.- (1) Every State
Subject shall have the right to form association
or unions, subject to any reasonable restrictions
imposed by law in the interest of sovereignty or
integrity of Pakistan and Azad Jammu and
Kashmir, morality or public order.
(2) Every State Subject, not being in the
Service of Azad Jammu and Kashmir, shall have
the right to form or be a member of a political
party, subject to any reasonable restrictions
imposed by law in the interest of the sovereignty
or integrity of the State and such law shall
provide that where the Government declares that
any political party has been formed or is
operating in a manner prejudicial to the
sovereignty or integrity of the State, the
Government shall, within fifteen days of such
declaration, refer the matter to the Supreme
Court whose decision on such reference shall be
final.
(3) No person or political party in Azad
Jammu and Kashmir shall be permitted to
propagate against, or take part in activities
prejudicial or detrimental to, the ideology of the
State’s accession to Pakistan.
(4) Every political party shall account for
the source of its funds in accordance with law.”
(v) in paragraph 8, in clause (c),-
19
(a) The words “or Council” appearing between the

words “Government” and “or” shall be omitted;
and
(b) The words and comma “or the Council,”
appearing between the words “Government”
and “of” shall be omitted.
(vi) In the paragraph 14,-
(a) in sub-paragraph (3), in clause (b), after the
words “under any law” , at the end, the
words and brackets, “(not being property
which has ceased to be evacuee property
under any law)” shall be added; and
(b) after sub-paragraph (3), the following new
sub-paragraph (4) shall be added,-
“(4) The adequacy or otherwise of any
compensation provided for by any such law as is
referred to in this Article, or determined in
pursuance thereof, shall not be called in question
in any court.”
(vii) For paragraph 15, the following shall be substituted,
namely.-
“15. Equality of State Subjects.- (1) All State
Subjects are equal before law and are entitled to equal
protection of law.
(2) There shall be no discrimination against any
State Subject on the basis of sex.
(3) Nothing in this Article shall prevent the state
from making any special provision for the protection
of women and children.
(viii) The paragraph 16 shall be renumbered into sub-
paragraph (1) and thereafter the following new sub-
paragraph (2) shall be added, namely,-
“(2) Nothing in sub-Article (1) shall prevent the state
from making any special provision for women and
children.”
(ix) For paragraph 17, the following shall be substituted
namely:-
20
“17. Safeguard against discrimination in services.-

No State Subject otherwise qualified for
appointment in the service of Azad Jammu and
Kashmir shall be discriminated against in respect
of any such appointment on the ground only of
race, religion, caste, residence, sex or place of
birth:
Provided that in the interest of the said
service, specified posts or services may be
reserved for members of either sex if such posts
or services entail the performance of duties and
functions which cannot be adequately performed
by members of the other sex:
Provided further that under-
representation of any class or area in the service
of State may be redressed in such manner as may
be determined by an Act of Assembly.
(x) After paragraph 18, the following new paragraphs 19,
20, 21, 22, 23 and 24 shall be added, namely:-
“19. Right to fair trial.-For the determination of his
civil rights and obligations or in any criminal
charge against him, a person shall be entitled to
a fair trial and due process.
20. Protection against double punishment and
self-incrimination.- No person shall,-
(i) be prosecuted or punished for the same
offence more than once; or
(ii) when accused of an offence, be
compelled to be a witness against
himself.
21. Inviolability of dignity of man, etc.-
(i) The dignity of man and, subject to law,
the privacy of home, shall be inviolable.
(ii) No person shall be subjected to torture
for the purpose of extracting evidence.
22. Right to information.-Every State Subject shall
have the right to have access to information in
all matters of public importance subject to
regulation and reasonable restrictions imposed
21
by law.
23. Right to education.- The State shall provide
free and compulsory education to all children of
the age of five to sixteen years in such manner as
may be determined by law.
24. Preservation of language, script and culture.-
Without prejudice to the national language of
Azad Jammu and Kashmir as may be declared
by the Government, any section of society
having a distinct language, script or culture shall
have the right to preserve and promote the same
and subject to law, establish institutions for that
purpose.”
Constitution, in Article 5, in sub-Article (1), for the words “Joint
Sitting”, appearing twice, the word “Assembly” shall be
substituted.
Constitution, in Article 6, for the words “Joint Sitting”,
wherever appearing, the word “Assembly” shall be substituted.
Constitution, in Article 12, the words and comma “Subject to this
Act,” shall be omitted.
Constitution, in Article 14, in sub-Article (1), the proviso, shall
be substituted as under:-
“Provided that from next term of Assembly, total
strength of Ministers in the cabinet shall not exceed thirty
percent of the total membership of the Assembly.”
12. Substitution of Article 14-A of the Constitution.- In the
Constitution, for Article 14-A the following shall be substituted,
namely:-
“14-A. Appointment of Advisors, Special Assistants and
Parliamentary Secretaries.- (1) The Prime Minister
may appoint Advisors and Special Assistants to
Government, of whom total strength in each case shall
not exceed two, for the performance of such duties and
functions as may be prescribed by law.
(2) The Prime Minister may also appoint
Parliamentary Secretaries, not exceeding five from
22
amongst the members of the Assembly to perform such

functions as may be prescribed by law.
(3) The Advisor, Special Assistant or Parliamentary
Secretary, as the case may be, by writing under his hand
addressed to the Prime Minister, may resign from his
office or may be removed from his office by the Prime
Minister.”
Constitution, in sub-Article (3) of Article 17, for the comma and
words “,for any reason, the Prime Minister is unable to
perform his functions” the words “the Prime Minister is
unable to perform his functions due to physical
incapacitation or sickness” shall be substituted.
Constitution, for sub-Article (1) of Article 18, the following shall
be substituted, namely,-
“(1) A resolution for a vote of no-confidence (hereinafter in
this Article referred to as the resolution) moved by not less than
twenty five per centum of the total membership of the Assembly
may be passed against the Prime Minister by the Assembly.”
15. Substitution of Article 19 of the Constitution.- In the
Constitution, for Article 19, the following shall be substituted,
namely:-
“19. Extent of executive authority of Government.- (1) The
executive authority of the Government shall extend to
the matters with respect to which the Assembly has
power to make laws including Part-B of Third Schedule
and shall be so exercised as,-
(a) not to impede or prejudice the responsibilities of
Government of Pakistan in relation to the
matters specified in sub-Article (3) of Article 31;
and
(b) to secure compliance with the laws made in
relation to matters specified in Third Schedule as
set out under sub-Article (3) of Article 31.
(2) The Government, if deems necessary or
expedient in the public interest and to secure paramount
purpose of social and economic wellbeing of the people
of the State, may with the consent of the Government of
Pakistan, entrust, either conditionally or unconditionally,
23
to the Government of Pakistan or to any of its

subordinate authority including a ministry, division,
organization or statutory body or entity of Pakistan, to
perform any of such functions within territory of the
State as may be prescribed by law.
(3) The Government of Pakistan may also entrust,
either conditionally or unconditionally, any of its
functions to the Government in relation to any matter
specified in Part-B of the ‘Third Schedule’ as set out
under sub-Article (3).
(4) The relationship between Government of
Pakistan with the Government shall be such as
manifested in sub-Article (3) of Article 31 and the
Cabinet Division D.O. No. 8/9/70-Cord-1 dated the 11th
May, 1971 of the Government of Pakistan with respect
to peculiar political status of Azad Jammu and Kashmir
and shall be the guiding principles to maintain direct
working relationship of Government with the
Government of Pakistan.”.
Constitution, in Article 21,-
(i) sub-Articles (7), (8), (9), (10), (11), (12) and (13) shall
be omitted; and
(ii) sub-Article (14) shall be renumbered as sub-Article (7)
thereof and thereafter the following new sub-Article (8)
shall be added, namely:-
“(8) The Council shall have an advisory role in
respect of matters and subjects, referred to in sub-Article
(3) of Article 31 and in respect of the responsibilities of
Government of Pakistan under the UNCIP Resolutions.”.
(i) in sub-Article (1), for the words “forty nine” the words
“fifty three” shall be substituted;
(ii) for clause (a) of sub-Article (1), the following shall be
substituted, namely;-
“(a) forty five shall be elected directly on the basis of
adult franchise, out of whom,-
24
(i) thirty three members to be elected by

the State Subjects residing in the
Azad Government of the State of
Jammu and Kashmir as defined in
Article 2:
Provided that this amendment
shall take effect from the next term of
the Assembly;
(ii) six 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 the 14th day of August,
1947, who are now residing in any of
the province of Pakistan;
(iii) six members to be elected from
amongst themselves by such of the
State Subjects from occupied areas
of districts of Jammu, Kathua, Reasi,
Udhampur, Poonch State and Mirpur
as existed on the 14th day of August,
1947 and Mangla Dam affectees who
are now residing in any of the
province of Pakistan:
Provided that the members
represented under sub-clauses (ii) and
(iii), hereinabove, shall be deemed to
have been elected and shall always to
have been validly represented and
elected under this Article.
Constitution, for sub-Article (3) of Article 27, the following shall
be substituted, namely:-
“(3) The Assembly shall meet for not less than sixty working
days in each year.”
19. Amendment of Article 30-A of the Constitution.- In the
Constitution, in Article 30-A, the words “or the Council or the
joint sitting” shall be omitted.
25

namely:-
“31. Legislative Power.- (1) Subject to sub-Article (3) the
Assembly shall have the power to make laws,-
(a) for the territories of Azad Jammu and Kashmir;
(b) for all state subjects, wherever they may be; and
(c) for all persons in the Service of Azad Jammu
and Kashmir, wherever they may be.
(2) The Assembly shall have exclusive power to make laws
on any matter not enumerated in Part-A of the Third Schedule.
(3) The Government of Pakistan shall have exclusive power
to make laws with respect to any matter enumerated in ‘Part-A’
of the Third Schedule.
(4) The Assembly shall, with the consent of Government of
Pakistan, make laws with respect to any matters enumerated
in ‘Part-B’ of the Third Schedule.
(5) All taxes including the income tax shall be levied for the
purposes of the territories of Azad Jammu and Kashmir by or
under the authority of an Act of the Assembly.
(6) No law shall be repugnant to the teachings and
requirements of Islam as set out in the Holy Quran and Sunnah
and all existing laws shall be brought in conformity with the
Holy Quran and Sunnah.
Explanation.—In the application of this sub-Article to the
personal law of any Muslim sect, the expression “Quran and
Sunnah” shall mean the Quran and Sunnah as interpreted by that
sect.”
Constitution, Article 32 shall be substituted as under,-
“32. Council of Islamic Ideology.- (1) There shall be a
Council of Islamic Ideology, hereinafter referred to as
the Islamic Council.
(2) The Islamic Council shall consist of such
members, being not less than five nor more than ten, as
the President may appoint, on the advice of the Prime
Minister, from amongst persons having knowledge of
principles and philosophy of Islam as enunciated in the
26
Holy Quran and Sunnah, or understanding of the

economic, political, legal or administrative problems of
Azad Jammu and Kashmir.
(3) While appointing members of Islamic Council,
the President shall ensure that,-
(a) so far as practicable, various school of thought
are represented in the Islamic Council
(b) not less than one of the members are persons
each of whom is or has been a judge of the
Supreme Court or of a High Court; and
(c) not less than one third of the members are
persons each of whom has been engaged for a
period of not less than fifteen years, in Islamic
research or instruction.
(4) The President shall appoint one of the members
of Islamic Council to be Chairman of Islamic Council.
(5) If one-third members of the total strength of the
Assembly so requires, the Assembly may refer to Islamic
Council or Islamic Ideology Council of Pakistan
constituted under Article 228 of the Constitution of
Pakistan, for solicitation of advice as to whether a
proposed law is or is not repugnant to the injunctions of
Islam:
Provided that the Government may also make
such reference for advice of Islamic Council or Islamic
Ideology Council of Pakistan, if deems expedient in the
public interest.
(6) When a proposed law or a question is referred under
sub-Article (6), the Islamic Council, or the Islamic
Ideology Council of Pakistan, as the case may be, shall,
within fifteen days, inform the Assembly or the
Government of the period within which the council
expects to be able to furnish that advice:
Provided that the Islamic Council may refer the
question so received, with or without its opinion, to the
Council of Islamic Ideology of Pakistan for advice.
(7) Where the Assembly considers that in the public
interest, the making of the proposed law in relation to
which the question arose should not be postponed until
the advice of the Islamic Council or Islamic Ideology
27
Council of Pakistan is furnished, the law may be made

before the advice is furnished;
Provided that, where a law is referred for advice
under sub-Article (7) and it is advised that the law is
repugnant to the injunctions of Islam, the Assembly shall
reconsider the law so made.
(8) A member of Islamic Council shall hold office
for a period of three years.
(9) A Member may, by writing under his hand
addressed to the President, resign his office or maybe
removed by the President upon the passing of a
resolution for his removal by a majority of the total
membership of the Islamic Council.
(10) The proceedings of the Islamic Council shall be
regulated by rules of procedure to be made by the
Council with the approval of the Government.
Constitution, for Article 33 the following shall be substituted,
namely,-
“33. Amendment of the Act.- (1) The provisions of the
Constitution may be amended in accordance with the
following provisions.
(2) No amendment shall be made in Articles 31, 33
and 56, without the prior approval of the Government of
Pakistan.
(3) A bill to amend the Constitution, shall be
originated in the Assembly and when the bill has been
passed with or without amendment by the votes of not
less than two-third of total membership of the Assembly,
the bill shall be presented to the President for assent.”.
23. Omission of Article 33-A of the Constitution.- In the
Constitution, Article 33-A shall be omitted.
namely:-
“34. Validity of Proceedings of the Assembly.- (1) The
validity of any proceedings in the Assembly shall not be
questioned in any court.
28
(2) An officer or member or an authority to whom powers

are vested for the regulation of proceedings, conduct of business,
maintenance of order in the Assembly shall not, in relation to the
exercise of any of those powers, be subject to the jurisdiction of
any court.
(3) A member of, or a person entitled to speak in the
Assembly shall not be liable to any proceedings in any court in
respect of anything said by him or any vote given by him in the
Assembly or in any committee thereof.
(4) A person shall not be liable to any proceedings in any
court in respect of publication by or under the authority of the
Assembly, of any report, paper, vote or proceedings.
(5) No process issued by a court or other authority shall,
except with the leave of the Speaker be served or executed within
the precincts of the place where a meeting of the Assembly is
being held.
(6) Subject to this Article, the privileges of the Assembly,
the committees and members of the Assembly and of the persons
entitled to speak in the Assembly may be determined by law.”
25. Omission of Article 35 of the Constitution.- In the
Constitution, Article 35 shall be omitted.
Constitution, in Article 36, in sub-Article (1), the words ‘or a
Joint Sitting” shall be omitted.
27. Omission of Article 37 of the Constitution.- In the
Constitution, Article 37 shall be omitted.
Constitution, in Article 37-A,-
(i) in sub-Article (1), between the words “revenue” and
“received” the words “taxes including income tax”
shall be inserted; and
(ii) in sub-Article (2), in clause (b), between the words “the”
and “High Court” the words “Supreme Court and the”
shall be inserted.
(i) in sub-Article (2), in the clause (a), the semi-colon at the
end shall be substituted by a colon and the word “and” at
29
the end shall be omitted and thereafter following proviso

shall be added:
“Provided that the Assembly may by a resolution
extend the Ordinance for a further period of four months
and it shall stand repealed at the expiration of the
extended period.” and
(ii) sub-Article (4) shall be omitted.
30. Amendment of Article 42-A of the Constitution.-In the
Constitution, in Article 42-A, in sub-Article (4), for the words
“Council” the words “Government” shall be substituted.
31. Amendment of Article 42-D of the Constitution.-In the
Constitution, in Article 42-D, the words “or the Council” shall
be omitted.
32. Amendment of Article 43 of the Constitution.-In the
Constitution, in Article 43, after sub-Article (1-A), the following
new sub-Article (1-B), (1-C) and (1-D) shall be added, namely,-
“(1-B) There shall be a Shariat Appellate Bench of the High
Court as constituted by an Act of the Assembly consisting of
Chief Justice of High Court, all the Muslim Judges of the High
Court and an Aalim Judge, to perform such functions and
exercise such jurisdiction as may be conferred upon it by an Act
of the Assembly.
(1-C) The Aalim Judge shall be appointed by the President on
the advice of the Prime Minister and after consultation with the
Chief Justice of the Supreme Court and the Chief Justice of
High Court, from amongst the persons having such qualification
and experience and on such terms and conditions, as may be,
prescribed by an Act of the Assembly.
(1-D) The Shari’at Appellate Bench of the High Court, existing
at the time of enforcement of this Amendment Act, 2018 shall be
deemed to have been constituted under this Article.
(i) In sub-Article (1), the words “Council in respect of
matters to which its executive authority extends and”
shall be omitted.
(ii) in clause (b) of sub-Article (1), the words “the Council
or” shall be omitted.
30

Constitution, for Article 48, the following shall be substituted:-
“48. Public Service Commission.-(1) There shall be a Public
Service Commission consisting of a Chairman and such
number of members who shall be having such
qualification as may be prescribed by an Act of the
Assembly.
(2) The appointment of the Chairman Public Service
Commission and members shall be made by the
President on advice of the Prime Minister on such terms
and conditions as may be prescribed by an Act of the
Assembly:
Provided that in respect of appointment of
Chairman, the Prime Minister, may solicit the opinion of
Leader of Opposition in the Assembly before making
advice to the President for such appointment.
(3) The Chairman and members of Public Service
Commission appointed immediately before the
commencement of this amending Act, 2018 shall be
deemed to have been appointed under this Article subject
to terms and conditions already determined and notified
at the time of their appointment.”
Constitution, for Article 50 the following shall be substituted,
namely:-
“50. Election Commission.- (1) There shall be an Election
Commission for Azad Jammu and Kashmir, hereinafter
referred to as “the Commission”.
(2) The Commission shall consist of the Chief
Election Commissioner, who shall act as the Chairman
and two Members.
(3) The Chief Election Commissioner, hereinafter
referred to as the Commissioner, shall be appointed by
the President on the advice of the Chairman of the
Council.
(4) The Prime Minister after consultation with the
Leader of Opposition in the Assembly shall finalize the
nominees for the appointment as Commissioner.
(5) No person shall be appointed as the
Commissioner unless he has been a Judge of the
31
Supreme Court or High Court or has been a civil servant

of BPS-21 and above, in the service of Azad Jammu and
Kashmir.
(6) The members of the Commission possessing the
qualification as mentioned for Commissioner in sub-
Article (5) above, shall be appointed by the President on
the advice of the Prime Minister.
(7) It shall be duty of the Commission to organize
and conduct the election for the office of the President,
the Assembly, the Council and local government bodies
and to make such arrangements as are necessary to
ensure that the election is conducted honestly, justly,
fairly and in accordance with the law.
(8) The Commission shall have such powers and
perform such functions as are conferred on it under the
Constitution and Act of the Assembly.
(9) At any time when the office of
Commissioner is vacant or the Commissioner is
absent or unable to perform the functions of his
office due to any cause, the senior member of
Commission duly designated at the time of
appointment shall act as Commissioner for a period
not exceeding six months.
(10) Before entering upon office, the Commissioner
shall make oath before the Chief Justice of Azad Jammu
and Kashmir and the members before the Commissioner
in the form set out in the First Schedule.
(11) Subject to this Article, the Commissioner and
each member, as the case may be, shall hold office for a
term of five years from the day he enters upon his office:
Provided that the Chief Election Commissioner
appointed before the commencement of the Azad Jammu
and Kashmir Interim Constitution (Thirteenth
Amendment) Act, 2018 shall be deemed to have been
appointed under this Article for remaining period of his
term.
(12) The Commissioner and members shall not be
removed from their office except in the manner
prescribed in Article 42-E.
32
(13) The Commissioner or the member may, by

writing under his hand addressed to the President,
resign from his office.
(14) The terms and conditions, other than mentioned
hereinabove, for the office of the Commissioner and
member shall be such as may be prescribed by an Act of
Assembly.
(15) The Commissioner or a member shall not,-
(a) hold any other office of profit in the Service
of Azad Jammu and Kashmir or Pakistan; or
(b) occupy any other position carrying the right
to remuneration for the rendering of such
services.
(16) A person who has held office as Commissioner
or the member shall not hold any office of profit in the
Service of Azad Jammu and Kashmir or Pakistan before
the expiration of two years after he has ceased to hold
that office.
(17) The Commission shall perform such functions as
may be determined by Act of Assembly.
(18) It shall be the duty of all executive authorities in
the state to assist the Commission in the discharge of its
functions.
(19) Until Assembly by law otherwise provides, the
Commission may, on the advice of the Prime Minister
and with the approval of the President, make rules
providing for the appointment of officers and servants to
be employed in connection with the functions of the
Commission and for their terms and conditions of
employment.”.
Constitution, in Article 50-A, in sub-Article (1), for the word
‘Council’, the words “Chairman of the Council” shall be
substituted.
37. Amendment of Article 51 of the Constitution.-In the
Constitution, in Article 51, the existing provision shall be
renumbered to as sub-Article (1) and thereafter the following
new sub-Article (2) shall be added, namely:-
33
“(2) Subject to the Constitution, all laws of Azad Jammu and

Kashmir which, from time to time, made by the Azad Jammu and
Kashmir Council and in force immediately before the
commencement of the Azad Jammu and Kashmir Interim
Constitution (Thirteenth Amendment) Act, 2018, shall continue
to be in force until amended or altered or repealed by the Act of
the Assembly or by the order, notification etc., of the
Government of Pakistan or, as the case may be, by the Azad
Government of the State of Jammu and Kashmir:
Provided that the reference of Azad Jammu and Kashmir
Council made in the existing laws, on the commencement of the
Amendment) Act, 2018, shall, as far as practicable, be construed
and referred to as the Assembly, or as the case may be,
Government of Pakistan or the Azad Government of the State of
Jammu and Kashmir.”.
38. Insertion of new Article 51-A of the Constitution.- In the
Constitution, after Article 51, the following new Article 51-A
shall be inserted, namely:-
“51-A. Transfer of Employees, Assets and Liabilities.-(1) On
the commencement of the Azad Jammu and Kashmir
Interim Constitution (Thirteenth Amendment) Act, 2018,
all moveable and immovable properties and assets,
moneys or funds received by and deposited in the Azad
Jammu and Kashmir Council Consolidated Fund or
made part of Public Finance, all savings or fixed
deposits of the Council in all bank accounts and also
such liabilities which were incurred under any law, shall
immediately be transferred or invested with Azad Jammu
and Kashmir Consolidated Fund or, as the case may be,
to the Government.
(2) All existing employees in the service of Azad
Jammu and Kashmir Council who immediately before
the commencement of the Azad Jammu and Kashmir
Interim Constitution (Thirteenth Amendment) Act, 2018
were serving on regular basis under superintendence and
control of Azad Jammu and Kashmir Council for any
department, secretariat or any statutory body or
institution or organizations duly constituted or setup
under any law or through its executive authority shall
stand transferred or shifted to the Government forthwith
on commencement of this amending Act, 2018.
34
(3) The rights of the persons under existing laws of

Azad Jammu and Kashmir who were, immediately
before the commencement of the Azad Jammu and
Kashmir Interim Constitution (Thirteenth Amendment)
Act, 2018, serving under the Azad Jammu and Kashmir
Council shall be protected and officers and servants on
deputation from the Federal Government or any province
shall be entitled for repatriation to their parent
organizations.
(4) The persons serving on contractual or temporary
basis shall not be entitled to claim any right to continue
their employment and they shall be dealt in accordance
with prevailing service rules of Azad Jammu and
Kashmir and terms of their appointments.
(5) Subject to Article 51, the perks, privileges and
allowances to the elected members of the Council and
also salary, allowances and pensionary benefits of the
employees of the Council in the Service of Azad Jammu
and Kashmir, as admissible to them under the law, shall
be borne by the Government, for which budgetary
requirements shall be made out of the Azad Jammu and
Kashmir Consolidated Fund.”
39. Substitution of Article 52-A of the Constitution.- In the
Constitution, for Article 52-A, the following shall be substituted,
namely:-
“52-A. Power to acquire property and to make contracts,
etc.- (1) The executive authority of the Government shall
extend, subject to an Act of the Assembly, to the grant,
sale, disposition or mortgage of any property vested in,
and to the purchase or acquisition of property on behalf
of the Government and to the making of contracts.
(2) All property acquired for the purpose of the
Government shall vest in the President.
(3) All contracts made in the exercise of the executive
authority of the Government shall be expressed to be
made in the name of the President and all such contracts
and all assurances of property made in the exercise of
that authority shall be executed on behalf of the
President by such persons and in such manner as the
President may direct or authorize.
35
(4) The President shall not be personally liable in

respect of any contract or assurance made or executed in
the exercise of the executive authority of the
Government and no person making or executing any
such contract or assurance on his behalf shall be
personally liable in respect thereof.
(5) Transfer of land or property by the Government
shall be regulated by law.”
40. Addition of Articles 52-B and 52-C in the Constitution.- In
the Constitution, after Article 52-A, following Articles 52-B and
52-C shall be added:-
“52-B. Ownerless property.- Any property which has no
rightful owner, if located within Azad Jammu and
Kashmir, shall vest in the Government.
52-C. Natural Resource endowment.- (1) The natural
resource of Azad Jammu and Kashmir which
having a potential of economic value and providing
for the sustenance of life for future generations
shall be preserved and regulated by an Act of the
Assembly.
(2) Without prejudice to sub-Article (1), the natural
resource of Azad Jammu and Kashmir may be
utilized under the law, in the economic and efficient
manner, by the Government and also may be
authorized under an Act of Assembly to utilize any
resource of the State by any person, entity or
authority of Pakistan in consideration of valuable
economic benefits for the public interest such as
net-hydel profit or royalty or any other acceptable
form or benefit but without affecting the pristine
environmental value of the inherent endowment of
the State.”
(i) in sub-Article (2), for the words “a joint sitting” the
words “the Assembly” shall be substituted.
(ii) in sub-Article (2-A), the words “unless it has earlier
been approved by a resolution of the Council” shall be
omitted.
36

Constitution, in Article 54, in sub-Article (1), full stop at the end
shall be substituted by a colon and thereafter the following
proviso shall be added:
“Provided that the Assembly shall, in no case be
dissolved on account of issuance or pendency of the
proclamation under the Constitution.”
43. Amendment of Article 58 of the Constitution.- In Article 58,
between the words “may” and “make”, the commas and words,
“on the advice of Prime Minister,” shall be substituted.
44. Amendment of the First Schedule of the Constitution.- In the
Constitution, in First Schedule,-
(i) form of “Oath of Advisor” shall be omitted; and
(ii) form of oath for office of Chief Election Commissioner
and Member of the Election Commission shall be added
as under,-
“CHIEF ELECTION COMMISSIONER OR A MEMBER OF THE
ELECTION COMMISSION
[See Article 50]
I, ____________, do solemnly swear that as Chief
Election Commissioner or member of the Election Commission,
I shall discharge my duties, and perform my functions honestly,
to the best of my ability, faithfully in accordance with the Azad
Jammu and Kashmir Interim Constitution, 1974 and the law, and
without fear or favor, affection or ill will, and that I shall not
allow my personal interest to influence my official conduct or
my official decisions.
May Allah Almighty help and guide me (A’meen).”
45. Substitution of Third Schedule of the Constitution.-
In the Constitution, for the Third Schedule the following
shall be substituted, namely,-
37
“THIRD SCHEDULE
[See Article 31 (3) and (4)]
‘Part-A’
1. The responsibilities of the Government of Pakistan under
the UNCIP Resolutions.
2. Defense and security of Azad Jammu and Kashmir.
3. The current coin or the issue of bills, notes or other
paper currency.
4. The External affairs of Azad Jammu and Kashmir
including foreign trade and foreign aid.
5. Post and Telegraphs, including Telephones,
Wireless, Broad- Casting and other like forms of
communications; post office saving Bank.
6. Nuclear energy, including:-
(a) mineral resources necessary for the generation of
nuclear energy;
(b) the production of nuclear fuels and the
generation and use of nuclear energy; and
(c) ionizing radiations.
7. Aircraft and air navigation; the provision of aerodromes;
regulation and organization of air traffic and of
aerodromes.
8. Beacons and other provisions for safety of aircraft.
9. Carriage of passengers and goods by air.
10. Copyright, inventions, designs, trademarks and
merchandise marks.
11. Opium so far as regards sale for export.
12. State Bank of Pakistan; banking, that is to say, the
conduct of banking business by corporations other than
corporations owned or controlled by Azad Jammu and
Kashmir and carrying on business only within the Azad
Jammu and Kashmir.
13. The law of insurance, except as respects insurance
undertaken by Azad Jammu and Kashmir and the
regulation of the conduct of insurance business, except
38
as respects business undertaken by Azad Jammu and

Kashmir.
14. Stock exchanges and future markets with objects and
business not confined to Azad Jammu and Kashmir.
15. Corporations, that is to say, the incorporation, regulation
and winding-up of trading corporations, including
banking, insurance and financial corporations, but not
including corporations owned or controlled by Azad
Jammu and Kashmir or cooperative societies, and of
corporations, whether trading or not, with objects not
confined to Azad Jammu and Kashmir, but not including
universities.
16. Planning for economic coordination including planning
and coordination of scientific and technological research.
17. Highways, continuing beyond the territory of Azad
Jammu and Kashmir and also roads declared by the
Government of Pakistan to be of strategic importance.
18. External affairs; the implementing of treaties and
agreements, including educational and cultural pacts and
agreements, with other countries; extradition, including
the surrender of criminals and accused persons to
Governments outside Pakistan.
19. Foreign exchange; cheques, bills of exchange,
promissory notes and other like instruments.
20. Administrative Courts and Tribunals for subjects
under this Part.
21. Libraries, museums, and similar institutions
controlled or financed by the Government of
Pakistan.
22. Government of Pakistan agencies and institutes for
the following purposes, that is to say, for research,
for professional or technical training, or for the
promotion of special studies.
23. Education as respects Azad Jammu and Kashmir
students in foreign countries and foreign students in
24. Import and export across customs frontiers as defined by
the Government of Pakistan.
39
25. International treaties, conventions, agreements and

International arbitration.
26. Surveys including geological surveys and meteorological
organizations.
27. Establishment of standards of weights and measures.
28. Duties of customs, including export duties.
29. Taxes on corporations.
30. Offences against laws with respect to any of the matters
in this Part.
31. Inquiries and statistics for the purposes of any of the
matters in this Part.
32. Matters incidental or ancillary to any matter enumerated
in this Part.
‘Part-B’
1. Railways.
2. Mineral oil and natural gas; liquids and substances
declared by Government of Pakistan to be dangerously
inflammable.
3. National planning and national economic coordination,
including planning and coordination of scientific and
technological research.
4. Supervision and management of public debt.
5. Boilers
6. Census.
7. State Property until transfer to the Government of AJK.
8. Electricity except the power generation planned and
made by Government of AJK.
9. Terminal taxes on goods or passengers carried by
railway or air, taxes on their fares and freights.
10. Extension of the powers and jurisdiction of members of a
police force belonging to Azad Jammu and Kashmir, or
any Province of Pakistan to any area in such province or
the Azad Jammu and Kashmir but not so as to enable the
police of Azad Jammu and Kashmir or such province to
exercise power and jurisdiction in such province or Azad
Jammu and Kashmir and without the consent of the
40
Government of that province or the Azad Jammu and

Kashmir.
11. Measures to combat certain offences committed in
connection with matters concerning the subjects included
in this list.
12. Removal of prisoners and accused persons from Azad
Jammu and Kashmir to Pakistan or from Pakistan to
13. Prevention of the extension from Azad Jammu and
Kashmir to Pakistan or from Pakistan to Azad Jammu
and Kashmir of infections of contagious diseases or pests
affecting men; animals or plants.
14. Curriculum, syllabus, planning, policy, centers of
excellence and standards of education.
15. Medical and other professions excluding legal
profession.
16. Standards in institutions for higher education and
research, scientific and technical institutions.
17. Matters concerning coordination between Azad Jammu
and Kashmir and other Provinces of Pakistan.
18. The salaries, allowance and privileges of the members
and including salaries and pension payable to employees
of the council.
19. Jurisdiction and powers of all courts with respect to any
of the matters enumerated in this list.
20. Offences against laws with respect to any of the matters
in this Part.
21. Inquiries and statistics for the purposes of any of the
matters in this Part.
22. Matters incidental or ancillary to any matter enumerated
in this Part.”
Sd/-
Secretary Law
41

Dated: 20th June, 2018
received the assent of the President on the 10th day of June 2018, is
hereby published for general information.
(ACT IV OF 2018)
An
Act
to give effect to the financial proposals of Azad Government of the State
of Jammu and Kashmir
WHEREAS it is expedient to make provisions to give effect to
the financial proposals of Azad Government of the State of Jammu and
Kashmir to consolidate and amend certain fiscal laws for the purposes
hereinafter appearing;
1. Short title, Extent and Commencement.-(1) This Act may be
called the Azad Jammu and Kashmir Finance Act, 2018.
(2) It extends to the whole of Azad Jammu and Kashmir.
2. Adaptation of the Amendments of Sales Tax Act, 1990 (Act
VII of 1990).- (1) In the Sales Tax Act, 1990 (Act VII of 1990),
as adapted and enforced in Azad Jammu and Kashmir,
hereinafter referred to as the said Act, except otherwise legislated
by an Act of the Assembly, all the amendments made in the said
Act and all rules, notifications, circulars and orders made or
issued thereunder, as enforced in Pakistan at any time on or after
the 24th day of June, 2017 and before the commencement of this
Act, shall also, as far as practicable, be deemed to have been
made, at the same time, in the said Act, as enforced in the Azad
Jammu and Kashmir by virtue of the Sales Tax (Adaptation) Act,
1993 (Act IV of 1993) with the modification that in clause (a) of
sub-section (2) of Section 13 of the said Act, the words and
expression “and matters relating to international financial
institutions or foreign government-owned financial institutions”
shall be omitted.
(2) Notwithstanding any judgment or decision of any court
including Supreme Court and High Court of Azad Jammu and
Kashmir, anything done, tax levied, charged or collected,
42
proceedings initiated, notices issued, orders passed, penalties

imposed, powers exercised or powers conferred on any authority
on or after the 24th day of June, 2017, in accordance with the
amendments made in the said Act, as enforced in Pakistan, shall
be deemed always to have been validly done, levied, charged,
collected, initiated, issued, passed, imposed, exercised or
conferred and so much of such tax have not been levied, charged,
paid or collected, before coming into force of this Act, shall be
leviable, chargeable and recoverable in accordance with the said
amendments.
3. Adaptation of the Amendments in Federal Excise Act, 2005.-
(1) In the Federal Excise Act, 2005, as adapted and enforced in
Azad Jammu and Kashmir, hereinafter referred to as the said
Act, except otherwise legislated by an Act of the Assembly, all
amendments made in the said Act and all rules, notifications,
circulars and other orders made or issued thereunder, as enforced
in Pakistan at any time on or after 24th day of June, 2017, and
before the commencement of this Act, shall also, as far as
practicable, be deemed to have been made, at the same time, in
the said Act, as enforced in the Azad Jammu and Kashmir by
virtue of the Azad Jammu and Kashmir Finance Act, 2005 (Act
VIII of 2005).
be deemed always to have been validly done, levied, charged or
conferred, done and so much of such tax have not been levied,
charged, paid or collected, before coming into force of this Act,
shall be leviable, chargeable and recoverable in accordance with
the said amendments.
4. Amendment in Azad Jammu and Kashmir Sales Tax (Tax on
Services) Act, 2001 (Act XXIV of 2001).- (1) In the Schedule to
the Azad Jammu and Kashmir Sales Tax (Tax on Services) Act,
2001 (XXIV of 2001), following amendments shall be made:
(i) for Serial No.1 and entries relating thereto in column (2),
(3) and (4), following shall be substituted,-
43
“1 Services provided or 9801.1000 Sixteen

rendered by hotels, motels, Percent”
9801.4000
guest houses and clubs
including race clubs.
(ii) after Serial No. 1, as substituted above, a new Serial
No. 1-A and entries relating thereto in columns (2),
(3) and (4) shall be inserted as under,-
“1-A Services provided or 9801.3000 Five Percent
rendered by marriage subject to the
9801.5000
halls, lawns (by condition that
whatever name 9801.6000 no input tax
called) including adjustment or
“pandal” and refund shall be
“shamiana” services admissible”
and caterers.
(iii) against Serial No. 5, 8, 14, 23, 27, 28, 40 and 42, in
column (4), for the words “Sixteen Percent”, the words
“Five Percent subject to the condition that no input tax
adjustment or refund shall be admissible” shall be
substituted and shall be deemed to have been so
substituted with effect from 25.05.2017.
(iv) against Serial No. 10, in column (4), for the words,
figures and expressions “Sixteen percent or Rs.400 per
bill of lading whichever is higher”, the words, figures
and expression “Five percent or Rs.1000/- per bill of
lading whichever is higher subject to the condition that
no input tax adjustment or refund shall be admissible”
shall be substituted and shall be deemed to have been so
substituted with effect from 25.05.2017.
(v) against Serial No. 5, in column (2), after clause (vi),
following new clause (vii) shall be added and shall be
deemed to have been so added with effect from
30.01.2018,-
“(vii) Construction Services for hydro power projects
in Azad Jammu and Kashmir under China
Pakistan Economic Coridoor (CPEC)
arrangements that shall be charged to tax under
Serial No. 5-A.”
(vi) after Serial No. 5, following new Serial No. 5-A, and
entries relating thereto in columns (2), (3) and (4) shall
44
be added and shall be deemed to have been so added

with effect from 30.01.2018:
“5-A Construction 9824.0000 One Percent subject to
Services for and the condition that no
hydro power 9814.2000 input tax adjustment or
projects in refund shall be
AJ&K under admissible.”
CPEC
arrangements.
(vii) after Serial No. 42 and entries relating thereto in
columns (2), (3) and (4), following new Serial No. 43
and corresponding entries in columns (2), (3) and (4)
shall be added, namely:
“43 Telecommunication 98.12 (all sub- Nineteen and a
Services. headings) half percent”
Sd/-
(Ch. Muhammad Nawaz)
Section Officer (Legislation)
45

Dated: 11th October, 2018
No. LD/Legis-Act/135-45/2018. The following Act of Assembly
received the assent of the President on the 4th day of October 2018, is
(ACT V OF 2018)
An
Act
further to amend the Bank of Azad Jammu and Kashmir Act, 2005
WHEREAS it is expedient further to amend the Bank of Azad
Jammu and Kashmir Act, 2005 (Act VI of 2005), in the manner
1. Short title, Extent and Commencement.- (1) This Act may be
called the Bank of Azad Jammu and Kashmir (Amendment) Act,
2018.
(2) It shall extend to the whole of Azad Jammu and
Kashmir.
2. General Amendment in the Act VI of 2005.- In the Bank of
Azad Jammu and Kashmir Act, 2005 (Act VI of 2005),
hereinafter referred to as the said Act, for the words “Managing
Director” wherever occurring the words “President of Bank of
Azad Jammu and Kashmir” shall be substituted.
3. Amendment of Section 11, Act VI of 2005.- In the said Act,
sub-section (1) of section 11 shall be substituted as under:-
“(1) The Government shall appoint a person as President of
Bank of Azad Jammu and Kashmir who is,-
(i) at least a master or equivalent in the discipline of
banking, finance, economics, business
administration or related fields;
(ii) having at least seven years experience as banker at a
senior level as Executive Vice President and above
or equivalent i.e., group head of financial/business
line in a bank and possess expertises and skills set to
46
undertake responsibilities of the position effectively

and prudently;
(iii) between 40 to 62 years of age; and
(iv) the term of office shall be three years:
Provided that the Government may, on the
recommendation of Board of Directors, appoint
President of Bank of Azad Jammu and Kashmir for a
second term on the basis of his performance.”
Sd/-
47

(ACT VI OF 2018)
An
Act
further to amend the Azad Penal Code, 1860 and the Code of Criminal
Procedure, 1898
WHEREAS, it is expedient further to amend the Azad Penal
Code, 1860 (Act XLV of 1860) and the Code of Criminal Procedure,
1898 (Act V of 1898), for the purposes hereinafter appearing;
the Criminal Law (Amendment) Act, 2018.
2. Substitution of Section 186, Act XLV of 1860.- In the Azad
Penal Code, 1860 (Act XLV of 1860), as adopted in Azad
Jammu and Kashmir, hereinafter referred to as the said Code, the
Section 186 shall be substituted as under:-
“186. Obstructing public servant in discharge of public
functions.- Whoever voluntarily obstructs any public
servant in the discharge of his public functions, shall be
punished with imprisonment of three years and fine
which may extend to five thousand rupees.”
3. Addition of Section 310-A, Act XLV of 1860.- In the said
Code, after Section 310, the following new Section 310-A shall
be added:-
“310-A. Punishment for giving a female in marriage or
otherwise in badal-e-sulh, wanni or swara.- Whoever
gives a female in marriage or otherwise compels her to
enter into marriage, as badal-e-sulh, wanni, or swara or
any other custom or practice under any name, in
consideration of settling a civil dispute or a criminal
liability, shall be punished with imprisonment of either
description for a term which may extend to seven years
48
but shall not be less than three years and shall also be
liable to fine of five hundred thousand rupees.”
4. Amendment of Section 353, Act XLV of 1860.- In the said
Code, in Section 353, for the word “seven” the word “four” shall
be substituted.
5. Insertion of new Chapter XXA, Act XLV of 1860.- In the said
Code, after Chapter XX, the following new Chapter XX A shall
be inserted, namely:-
“CHAPTER XX A
OF OFFENCES AGAINST WOMEN
498-A. Prohibition of depriving woman from inheriting
property.- Whoever by deceitful or illegal means
deprives any woman from inheriting any movable or
immovable property at the time of opening of succession
shall be punished with imprisonment for either
description for a term which may extend to ten years but
shall not be less than five years or with a fine of one
million rupees or both.
498-B. Prohibition of forced marriage.- Whoever coerces or
in any manner whatsoever compels a woman to enter
into marriage shall be punished with imprisonment of
either description for a term, which may extend to seven
years but shall not be less than three years and shall also
be liable to fine of five hundred thousand rupees.
498-C. Prohibition of marriage with the Holy Quran.-
Whoever compels or arranges or facilitates the marriage
of a woman with the Holy Quran shall be punished with
imprisonment of either description which may extend to
seven years but shall not be less than three years and
shall be liable to fine of five hundred thousand rupees.
Explanation.- Oath by a woman on Holy Quran to
remain un-married for the rest of her life or, not to claim
her share of inheritance shall be deemed to be a marriage
with the Holy Quran.”
6. Insertion of new Section 402-D, Act V of 1898.-In the Code of
Criminal Procedure, 1898 (Act V of 1898), as adopted in Azad
Jammu and Kashmir, hereinafter referred to as the said Code, after
Section 402-C, the following new Section 402-D shall be added,
namely:-
49
“402-D. The Government not to interfere in sentences of

rape.- Notwithstanding anything contained in Sections
401, 402 or 404-B, the Azad Government of the State of
Jammu and Kashmir or the President of Azad Jammu
and Kashmir shall not suspend, remit or commute any
sentence passed under Section 376 of the Azad Penal
Code Act, 1860 (Act XLV of 1860).”
7. Amendment of Schedule II, Act V of 1898.- In the said Code,
in the Schedule II,-
(i) after Section 310, in column I, and the entries relating
thereto in columns (2) to (8), the following shall be
inserted, namely:-
50
“1 2 3 4 5 6 7 8
310-A Giving a Shall not Warrant Not Not Imprisonment of Court of Sessions or
female arrest without bailable compoundable either description Magistrate first
forcefully in warrant which may extend to class.”
Marriage or 7 years but shall not
otherwise in be less than 3 years
badal-e-sullh, and fine of rupees
wanni or 500,000/-
swara
(ii) in entries relating to section 353, in column 7, for figure “7” the figure “4” shall be substituted.
(iii) after Section 498, in column I and the entries relating thereto in column (2) to (8), the following shall be inserted,
namely:-
“1 2 3 4 5 6 7 8
498-A Prohibition Shall not arrest Warrant Not bailable Not Imprisonment of either Court of
of depriving without compoundable description which may Sessions
woman from warrant extend to 10 years but
inheriting shall not be less than 5
property years or with fine of
rupees 1,000,000/- or
both.
498-B Prohibition Ditto Ditto Ditto Ditto Imprisonment of either Court of
of forced description which may Sessions or
51
marriage extend to 7 years but Magistrate of

shall not be less than 3 first class
years and a fine of
rupees 500,000/-
498-C Prohibition Ditto Ditto Ditto Ditto Imprisonment of either Ditto.”
of marriage description which may
with the extend to 7 years but
Holy Quran shall not be less than 3
years and a fine of
rupees 500,000/-
Sd/-
52

(ACT VII OF 2018)
An
Act
to amend the Azad Jammu and Kashmir Press Foundation Act, 2003
WHEREAS it is expedient to amend the Azad Jammu and
Kashmir Press Foundation Act, 2003 (Act XVII of 2003), in the manner
the Azad Jammu and Kashmir Press Foundation (Amendment)
Act, 2018.
2. Amendment of Section 2, Act XVII of 2003.- In the Azad
Jammu and Kashmir Press Foundation Act, 2003 (Act XVII of
2003), hereinafter referred to as the said Act, in Section 2,
following amendments shall be made:-
(i) After clause (g), the following new clauses (ga) and (gb)
shall be added:-
“(ga) “Media Groups” means and includes a Daily,
Daily Newspaper, Newspaper, Weekly, Weekly
Magazine, News Agency/organization, National
Daily, Electronic Media, Periodical and any
other Media organization validly registered,
accredited or enlisted with Directorate General
of Public Relations/ Information Department
media list;
(gb) “Journalist” means and includes an editor, news
reporter, correspondent or photojournalist
(cameraman) etc., of a Media Group;”
(ii) For clause (h) following shall be substituted:-
53
“(h) “Member of the Foundation” means a State
Subject of Jammu and Kashmir working as a
Journalist of a Media Group who has been
accredited as such by the Directorate General of
Public Relations/Information Department and
who regularly contributes toward the Press
Foundation Fund;” and
(iii) After clause (h) as amended above, the following new
clause (ha) shall be added:-
“(ha) “Press Club” means a Press Club validly
registered, accredited or enlisted as per
prescribed procedure with Directorate General of
Public Relations/Information;”
3. Amendment of Section 3, Act XVII of 2003.- In the said Act,
in Section 3, in sub-section (2), after the word “competent”, the
words “ to examine the cases and recommend to the
Government” shall be inserted.
4. Substitution of Section 4, Act XVII of 2003.- In the said Act,
for Section 4, following shall be substituted:-
“4. Qualification for grant of Accreditation Card.- Any
Journalist of a Media Group seeking accreditation from
the Government shall be required to fulfill the following
conditions:-
(i) He shall be a State Subject of Jammu and
Kashmir or a National of Pakistan working
as a Journalist in Azad Jammu and Kashmir;
(ii) he shall possess a valid appointment or
authority letter/order authorizing him to
perform duties as Journalist of a Media
Group;
(iii) he shall not engage himself in any other
business or profession which in the
judgment of the Committee compromises his
status as a Journalist;
(iv) he is graduate from a recognized university
having at least three years experience at the
time of filing application which enable him
to fulfill professional obligations as a
Journalist; and
54
(v) he is not more than 45 years of age.”

for Section 6, following shall be substituted:-
“6. Powers and functions of the Foundation.- (1) The
Foundation shall examine the cases received for
registration as a Member and, on the recommendation of
the Board shall issue membership card to the person who
fulfill prescribed criteria.
(2) The Foundation shall be responsible,-
(a) to provide low cost accommodation to the
Members;
(b) to extend and improve medical facilities for the
Members and their dependants;
(c) to provide grants in case of death of any of the
beneficiaries;
(d) to register the Press Clubs and media
organizations in the manners as may be
prescribed in the Regulations and to provide
grants to them when received from the
Government:
Provided that all grants in aid or any
other grant announced by the Government for
any Media Group or Press Club shall be
distributed through the Foundation;
(e) to make and notify the categories of Journalists in
the manners as may be prescribed in the
Regulations;
(f) to provide grants in case of marriage of the
daughter and son of deserving Members; and
(g) to do all such other things as are incidental or
conducive to carry out the purposes and
objectives of the Foundation.”
in Section 8, in sub-section (1) following amendments shall be
made:-
(i) In clause (d), after the words “Secretary Finance”, the
words “or his nominee, not below the officer of BPS-19”
shall be added;
55
(ii) for clause (f), following shall be substituted:-
“(f) One member from each district elected by the
Members of the Foundation;”
(iii) after clause (f) substituted as above, following new
clause (fa) shall be added:-
“(fa) two members elected by such Members of the
Foundation who are working in Pakistan as
editors or bureau chief or representative of a
Media Group.”
7. Amendment of Section 10, Act XVII of 2003.-In the said Act,
in Section 10, in sub-section (1), for the existing proviso
following shall be added:-
“Provided that the Chairman shall call the meeting of
Board on written request of one half of the members of Board
within thirty days.”
in Section 11, following amendments shall be made:-
(i) In sub-section (1), in the proviso to clause (b), after the
words “more than once” the words “in a year” shall be
added; and
(ii) sub-section (2) shall be omitted.
in Section 15, for the words “every month”, the words “every
year”, shall be substituted.
10. Addition of new Section 15-A, 15-B and 15-C, Act XVII of
2003.- In the said Act, after Section 15, following new Sections
15-A, 15-B and 15-C shall be added as under:-
“15-A. Registration of Media Organizations and Press
Clubs.-All the Media Organizations and Press Clubs
shall be registered with the Foundation in the
manners as may be prescribed in the Regulations.
15-B. Observance of Code of Conduct.- (1) All the Media
Groups and Press Clubs shall observe code of conduct
laid down in the Regulations and its violation shall be
punishable as may be prescribed.
(2) All the fines imposed under this Section shall be
credited to the Fund.
56
15-C. Monitoring Committee.- (1) The Board shall constitute

a Monitoring Committee for one year, with the approval
of the Government, consisting of following:-
(i) Any member of BoG Chairman
nominated by the
Chairman
(ii) One member from Member
Accreditation Committee
nominated by the
Chairman
(iii) Information officer of Member
District Concerned
(iv) A Senior Journalist from Member
Division concerned
nominated by the
Chairman
(v) Assistant Foundation Member/Secretary
(2) The Monitoring Committee shall inquire into the cases
received from the Board in respect of violation of code of
conduct and shall submit its recommendations to the Board
proposing fine within 45 days in the manners as may be
prescribed in the Regulations:
Provided that the Board may, on the request of
Monitoring Committee, extend this period up to such extend as
it may deem fit.
(3) The Monitoring Committee shall perform such other
functions as may be assigned to it by the Board under the
Regulations.”
Sd/-
57
(ACT VIII OF 2018)
An
Act
further to amend the Azad Jammu and Kashmir Ehtesab Bureau
Act, 2001
and Kashmir Ehtesab Bureau Act, 2001(Act I of 2001), in the manner
the Azad Jammu and Kashmir Ehtesab Bureau (Fifth
2. Omission of Section 7, Act I of 2001.- In the Azad Jammu and
Kashmir Ehtesab Bureau Act, 2001 (I of 2001), hereinafter
referred to as the said Act, Section 7 shall be omitted.
3. Substitution of Section 8, Act I of 2001.- In the said Act,
“(8) Acting Chairman of the Ehtesab Bureau.- At any
time when the office of the Chairman is vacant or the
Chairman is absent or unable to perform the functions of
his office due to any other reason, the President in
consultation with the Prime Minister may
appoint/authorize any person, having the qualification
provided for the Chairman, to act and perform the
functions of the Chairman.”
Sd/-
58

No. LD/Legis-Act/13-26/2019. The following Act of Assembly received
the assent of the President on the 7th day of February 2019, is hereby
(ACT I OF 2019)
An
Act
to amend the Jammu and Kashmir Liberation Cell Act, 2014
WHEREAS, it is expedient and necessary to amend the Jammu
and Kashmir Liberation Cell Act, 2014 (Act XIII of 2014), for the
purposes hereinafter appearing:
It is hereby enacted as follow:-
1. Short title and Commencement.-(1) This Act may be called the
Jammu and Kashmir Liberation Cell (Amendment) Act, 2019.
2. Amendment of Section 2, (Act XIII of 2014).- In the Jammu
and Kashmir Liberation Cell Act, 2014 (Act XIII of 2014),
hereinafter referred to as the said Act, in Section 2, the clause (a)
shall be substituted as under:-
“(a) ‘Auditor General’ means the Auditor General of Azad
Jammu and Kashmir;”
3. Amendment of Section 8, (Act XIII of 2014).- In the said Act,
in Section 8, the sub-section (2) shall be omitted.
4. Amendment of Section 12, (Act XIII of 2014).- In the said Act,
in Section 12, for the words “Accountant General”, the words
“Auditor General” shall be substituted.
Sd/-
59
(ACT II OF 2019)
An
Act
further to amend the Azad Jammu and Kashmir Legislative Assembly
Deputy Speaker (Salary, Allowances and Privileges) Act, 1986
and Kashmir Legislative Assembly Deputy Speaker (Salary, Allowances
and Privileges) Act, 1986 (Act VIII of 1986), in the manner hereinafter
appearing:
Azad Jammu and Kashmir Legislative Assembly Deputy Speaker
(Salary, Allowances and Privileges) (Amendment) Act, 2019.
(2) It shall come into force at once and shall be deemed to
have taken effect from 1st day of June, 2017.
2. Amendment of Section 3-A, (Act VIII of 1986).-In the Azad
Jammu and Kashmir Legislative Assembly Deputy Speaker
(Salary, Allowances and Privileges) Act, 1986 (Act VIII of
1986), hereinafter referred to as the said Act, in Section 3-A, for
the words “twenty five thousand”, the words “twenty thousand”
shall be substituted.
3. Amendment of Section 5, (Act VIII of 1986).-In the said Act,
in Section 5, for the words “twenty thousand”, the words “twenty
five thousand” shall be substituted.
4. Amendment of Section, 6 (Act VIII of 1986).- In the said Act,
in Section 6, after the words “throughout his term of office” the
words “and for a period of fifteen days immediately thereafter”
shall inserted.
Sd/-
60

(ACT III OF 2019)
An
Act
to prohibit the employment of Children and to restrict the employment of
adolescents in certain occupations and processes
WHEREAS, it is necessary to prohibit the employment of
Children and to restrict the employment of adolescents in certain
occupations and to deal with ancillary matters
1. Short title and Commencement.– (1) This Act may be called
the Azad Jammu and Kashmir Restriction on Employment of
Children Act, 2019.
Kashmir.
2. Definitions.– In this Act, unless there is anything repugnant in
the subject or context,–
(a) “Adolescent” means a person who has attained the age of
fifteen years but has not attained the age of eighteen
years;
(b) “Appellate authority” means an authority appointed
under the Act;
(c) “Child” means a person who has not attained the age of
fifteen years;
(d) “Committee” means the Committee on Child Labour
constituted under the Act;
(e) “Day” means a period of twenty-four hours beginning at
midnight;
(f) “Establishment” means any industrial, commercial or
agricultural Establishment, factory, mine, workshop,
61
business, trade, undertaking, and place where any
economic activity including moulding and
manufacturing process is carried on and includes
charitable and welfare organizations, whether run for
profit or otherwise and any other Establishment, class of
Establishments or workplace notified by the Government
in the official Gazette;
(g) “Family” in relation to an Occupier means the spouse,
son, daughter or sibling;
(h) “Government” means the Azad Government of the State
(i) “Hazardous work” means the work which, by its nature
or the circumstances in which it is carried out, is likely to
harm the health, safety or moral of Adolescents and is
mentioned in the Schedule;
(j) “Inspector” means an official appointed as an Inspector
under the Act;
(k) “Occupier” means the person who, directly or indirectly,
employs a worker in an Establishment and includes,-
(i) in case of an individual, his heir, successor,
administrator or assignee; and
(ii) a person who has the ultimate control over the
affairs of the Establishment;
(l) “Prescribed” means Prescribed by rules made under the
Act;
(m) “Schedule” means the Schedule appended to this Act;
and
(n) “Week” means a period of seven Days beginning at the
midnight on Saturday or such other midnight as the
Government may, by notification, specify for a particular
area.
3. Prohibition on employment.– (1) An Occupier shall not employ
or permit a Child to work in the Establishment.
(2) An Occupier shall not employ or permit an Adolescent to
perform any Hazardous work in the Establishment.
4. Committee on Child Labour.–(1) The Government shall, by
notification, constitute a Committee on child labour to advise the
Government for appropriate legislative, administrative and other
62
measures for the eradication of child labour and to propose the

minimum age for purposes of employment in the Azad Jammu
and Kashmir.
(2) The Committee shall consist of a chairperson and not
more than eight members representing the Government,
employers, workers and civil society.
5. Duration of work, etc.- (1) Subject to sub-section (2) and sub-
section (3), the Occupier shall fix the period of work not
exceeding three hours in a Day and if the Adolescent is required
to work for more than three hours in a Day, the Occupier shall,
after the initial period of three hours, provide a mandatory
interval of at least one hour to the Adolescent.
(2) The total period of work of an Adolescent in a Day,
including the mandatory interval for rest, shall, in no case,
exceed seven hours.
(3) The Occupier shall,-
(a) arrange the hours of work of an Adolescent in such
manner that the working hours are not in conflict with
the timings of the educational or vocational institution
where the Adolescent is enrolled;
(b) not require or permit an Adolescent to work between
7.00 pm and 8.00 am;
(c) not require or permit an Adolescent to work in the
Establishment on any Day on which the Adolescent has
worked in any other Establishment.
6. Weekly holidays.– (1) An Occupier shall allow an Adolescent
employed in the Establishment a holiday of at least one whole
Day in a Week.
(2) The Occupier shall specify the holiday through a notice
permanently displayed at a conspicuous place in the
Establishment and the Occupier shall not alter the Day of holiday
more than once in three months.
7. Notice to Inspector.– (1) Every Occupier of an Establishment in
which an Adolescent is employed or permitted to work shall,
within a period of thirty Days from the commencement of this
Act or employment of the Adolescent, send to the Inspector
within whose local limits the Establishment is situated, a written
notice containing the following particulars,-
(a) the name, location and address of the Establishment;
63
(b) the name of the person who is actually responsible for
the management of the Establishment;
(c) complete address of the Establishment for purposes of
communication;
(d) the name, address, wages and other Prescribed
particulars of the Adolescent; and
(e) the nature of the occupation or process carried on in the
Establishment.
(2) Nothing in Sections 6, 7 and 8 shall apply to an
Establishment wherein any process is carried on by the Occupier
with the aid of the members of his Family or to any educational
or training institution established, assisted or recognized by the
Government or any agency, body or authority established, owned
or controlled by Government.
8. Dispute as to age.– Any dispute about the age of the Child or
Adolescent employed or is permitted to work in an Establishment
shall be decided on the basis of the registration certificate (Form-
B) issued by the National Database and Registration Authority
government of Pakistan, or the birth certificate issued by the
competent authority, but, in the absence of such a document, the
Inspector shall refer the matter to the Prescribed medical
authority for determination of the age and the decision of such
authority shall be conclusive proof of the age of the Child or
Adolescent.
9. Maintenance of register.– An Occupier shall maintain a register
in respect of Adolescents employed or permitted to work in the
Establishment and shall make the register available for
inspection of an Inspector at all times during working hours of
the Establishment showing,-
(a) the name and date of birth of every Adolescent employed
or permitted to work;
(b) hours and periods of work of any such Adolescent and
the intervals of rest to which he is entitled;
(c) the nature of work of the Adolescent; and
(d) such other particulars as may be Prescribed.
10. Display of notice.– Every Occupier shall display at a
conspicuous place in the Establishment a notice in Urdu and in
English containing an abstract of Section 3 and Section 11.
64
11. Penalties.– (1) An Occupier, who employs or permits a Child to

work in an Establishment, shall be liable to punishment with
imprisonment for a term which may extend to six months, but
which shall not be less than seven days and with a fine which
may extend to fifty thousand rupees, but shall not be less than ten
thousand rupees.
(2) An Occupier, who employs or permits any Adolescent to
work in contravention of the provisions of Section 3, shall be
liable to punishment with imprisonment for a term which may
extend to six months, but which shall not be less than seven days
and with a fine which may extend to fifty thousand rupees, but
which shall not be less than ten thousand rupees.
(3) A person, who employs a Child or an Adolescent in,-
(a) any form of slavery or practices similar to slavery, such
as the sale and trafficking of Children or Adolescents,
debt bondage and serfdom and forced or compulsory
labour, including forced or compulsory recruitment of
Children or Adolescents for use in armed conflicts;
(b) the use, procuring or offering of a Child or Adolescent
for prostitution, for the production of pornography or for
pornographic performances; and
(c) the use, procuring or offering of a Child or Adolescent
for illicit activities, in particular for the production and
trafficking of drugs shall be liable to punishment with
imprisonment for a term which may extend to seven
years but which shall not be less than three years and
with fine which may extend to one million rupees but
which shall not be less than two hundred thousand
rupees.
(4) An Occupier, who has been convicted of an offence
under subsection (1) and sub-section (2), again commits the same
offence or an offence of similar nature, shall be punishable with
imprisonment which may extend to five years but shall not be
less than three months in addition to the fine Prescribed for the
offence.
(5) If an Occupier fails to,-
(a) give notice as required by Section 7; or
(b) maintain a register as required by Section 9 or makes any
false entry in such register;
(c) produce record for inspection;
65
(d) display any notice under this Act; or
(e) comply with or contravenes any provision of this Act or
the rules shall be liable to punishment with simple
imprisonment which may extend to one month or with a
fine which may extend to ten thousand rupees or with
both.
12. Abetment to an offence.– (1) A person, who abets an offence
punishable under this Act, shall, whether or not the offence
abetted is committed, be punishable with the same punishment as
is provided for the offence he abetted.
(2) An Occupier, who employs or permits to work a Child or
an Adolescent to work in contravention of the provisions of
Section 3, and the Child or an Adolescent is found working in the
Establishment in the immediate presence of a parent or guardian,
the parent or guardian shall be equally liable for the offence
along with the employer.
(3) For purposes of this Section, “abetment” has the same
meaning as is assigned to it in the Azad Penal Code, 1860 (Act
XLV of 1860).
13. Sealing of Establishment.– (1) If it appears to an Inspector that
a Child or an Adolescent has been employed or permitted to
work in an Establishment in contravention of Section 3, the
Inspector may, in the Prescribed manner, seal the Establishment
for a period not exceeding seven days.
(2) The Occupier aggrieved by an order under subsection
(1), may, within three days of the sealing of the Establishment,
prefer an appeal before the Appellate authority.
(3) The Appellate authority may confirm, modify or reverse
the order made under sub-section (1).
14. Appellate authority.– The Government shall, by notification in
the official Gazette, appoint an Appellate authority in each
District to hear and decide the appeals preferred under sub-
section (2) of Section 14.
15. Trial of offences.– (1) An offence under subsections (1) and (2)
of Section 11 shall be tried summarily in accordance with the
provisions of Chapter XXII of the Code of Criminal Procedure,
1898 (Act V of 1898).
(2) No court inferior to that of the Magistrate having powers
under Section 30 of the Code of Criminal Procedure, 1898 (Act
66
V of 1898) shall try an offence under sub-sections (3) and (4) of

Section 11 of this Act.
16. Cognizance of offences.– An offence under this Act shall be
cognizable by the police on the complaint in writing made by the
Inspector and shall be non-bailable.
17. Penalties under some other laws.– Any person, who is found
guilty of the contravention of any provisions of the Mines Act,
1923 (IV of 1923), the Factories Act, 1934 (XXV of 1934), as
adopted in Azad Jammu and Kashmir and the Azad Jammu and
Kashmir Shops and Establishment Act, 1975, regarding Children
or Adolescents, shall be liable to the penalties provided in
Section 11 of this Act and not under the said laws.
18. Appointment of Inspectors.– (1) The Government may appoint
Inspectors for purposes of securing compliance with the
provisions of this Act.
(2) The Inspector shall be deemed to be a public servant
within the meaning of the Azad Penal Code, 1860 (Act XLV of
1860).
19. Amendment of Schedule.– (1) The Government may, by
notification in the official Gazette, amend the Schedule.
(2) An amendment in the Schedule under subsection (1)
shall come into force on the expiry of thirty days from the date of
publication of the notification in the official Gazette.
20. Rules.– The Government may, by notification, make rules for
carrying into effect the provisions of this Act, including the rules
for health and safety of Adolescents employed or permitted to
work in an Establishment.
21. Application of other laws.– Subject to the provisions of
Sections 11 and 18, the provisions of this Act and the rules shall
be in addition to, and not in derogation of, the provisions of any
other law.
22. Power to remove difficulties.– (1) If any difficulty arises in
giving effect to the provisions of this Act, the Government may,
by order published in the official Gazette, make such provisions
not inconsistent with the provisions of this Act as appear to it to
be necessary or expedient for the removal of such difficulty.
(2) An order under subsection (1) shall not be made after the
expiry of a period of two years from the date of commencement
of this Act.
67
23. Repeal and savings.– (1) The Employment of Children
(Adaptation) Act, 1986 (XXXIII of 1986) is hereby repealed.
(2) Notwithstanding the repeal of the Employment of
Children (Adaptation) Act, 1986 (XXXIII of 1986), anything
done or any action taken or purported to have been done or taken
under that Act shall, if so far as it is not inconsistent with the
provisions of this Act, be deemed to have been done or taken
under the corresponding provisions of this Act.
Sd/-
68
SCHEDULE
[see section 2(i)]
HAZARDOUS WORKS
Any occupation or work connected with,-
(1) transport of passengers, goods or mail;
(2) underground mines and on ground quarries including
blasting;
(3) power driven cutting machinery like saws, shears,
guillotines, agricultural machines, thrashers, fodder
cutting machines;
(4) live electrical wires over 50 volts;
(5) all operations related to leather tanning processes such as
soaking, dehairing, liming, chrome tanning, deliming,
pickling, defleshing, ink application;
(6) mixing and manufacture of pesticides and insecticides
and fumigation;
(7) sandblasting and other such work involving exposure to
free silica;
(8) exposure to all toxic, explosive and carcinogenic
chemicals e.g., asbestos, benzene, ammonia, chlorine,
manganese, cadmium, Sulphur dioxide, phosphorus,
benzidenedyes, isocyanates, carbon tetrachloride, carbon
disulphide, epoxy resins, formaldehyde, metal fumes,
heavy metals like nickel, mercury chromium, lead
arsenic, beryllium, fiber glass;
(9) exposure to cement dust in cement industry;
(10) exposure to coal dust;
(11) manufacturing and sale of fireworks and explosives;
(12) the sites where liquid petroleum gas (LPG) or
compressed natural gas (CNG) is filled in cylinders;
(13) glass and metal furnaces and glass bangles
manufacturing;
(14) cloth weaving, printing, dyeing and fishing sections;
(15) sewer pipelines, pits and storage tanks;
(16) stone crushing;
69
(17) lifting and carrying of heavy weight (15kg and above)
specially in transport industry;
(18) carpet weaving;
(19) the height of two meters or more above the floor;
(20) all scavenging including hospital waste;
(21) tobacco processing and manufacturing including niswar
and biri making;
(22) deep-sea fishing, commercial fishing and processing of
fish and seafood;
(23) sheep casing and wool industry;
(24) ship breaking;
(25) surgical instruments and manufacturing specially in
vendors’ workshops;
(26) spice grinding;
(27) boiler house;
(28) cinemas, mini cinemas and cyber clubs;
(29) mica-cutting and splitting;
(30) shells manufacturing;
(31) soap manufacturing;
(32) wool cleaning;
(33) building and construction industry;
(34) manufacturing of slate pencils including packing; and
(35) manufacture of products from agate.
_____XXX______
70

(ACT IV OF 2019)
An
Act
to provide for the registration and regulation of trade organizations.
WHEREAS, it is expedient to register and regulate the trade
organization and to ensure appropriate representation of all genders and
business sectors at all levels in trade organizations as they play
significant role in developing policy framework for improving business
environment and economic growth;
It is hereby enacted as follows:
CHAPTER-I
PRELIMINARY
1. Short title, Extent, Application and Commencement-(1) This
Act may be called the Trade Organizations (Registration and
Regulation) Act, 2019.
(3) It shall apply to all Trade Organizations established or to
be established in the territory of the Azad Jammu and Kashmir.
(4) It shall come into force at once and shall be deem to have
taken effect from 03.10.2015.
2. Definitions.- In this Act, unless there is anything repugnant
in the subject or context,-
(a) “Administrator” means an Administrator appointed
under this Act;
(b) “Articles” mean the Articles of Association of a
Trade Organization;
(c) “District” means an administrative District notified
by the Government from time to time;
(d) “Division” means an administrative Division
notified by the Government from time to time.
71
(e) “Executive Committee” means the Board of
Directors, the Managing Committee or any other
body, by whatever name called, of a registered
Trade Organization responsible for the
management or conduct of the affairs of such
Trade Organization;
(f) “Existing Trade Organization” means an
Organization licensed under the Trade
Organizations Ordinance, 196I (XLV of 1961), as
adapted in Azad Jammu and Kashmir;
(g) “Government” means the Azad Government of the
State of Jammu and Kashmir;
(h) “Fund” means Trade Organization Fund established
under Section 27;
(i) “License” means a license granted to a Trade
Organization under Section 3 of this Act;
(j) “Member of the Executive Committee” includes
a Director where the Executive Committee is a
Board of Directors and the Chairman, Senior
Vice Chairman, Vice Chairman, President, Senior
Vice-President and Vice President of a Trade
Organization Licensed under this Act;
(k) “Member of a Trade Organization” means a
firm and includes a proprietorship, an association
of persons, a partnership, a company or a
multinational corporation, engaged in trade,
industry or services and enrolled as a Member of a
Trade Organization licensed under this Act;
(l) “Memorandum” means the Memorandum and the
Articles;
(m) “Office Bearers” means President, Senior Vice
President, Vice-President, Chairman, Senior Vice-
Chairman and Vice Chairman of a Trade
Organization;
(n) “Ordinance” means the Companies Ordinance, 1984
as enforced in Azad Jammu and Kashmir;
72
(o) “Prescribed” means prescribed by the Rules made

under this Act;
(p) “Register” means the Register of Companies
required to be kept under this Act;
(q) “Registered Trade Organization” means a Trade
Organization registered under this Act;
(r) “Regulator “means the Regulator of the Trade
Organization’s appointed by the Government and
includes an officer empowered by the Government
to perform the functions of the Regulator under this
Act;
(s) “Trade Organization” means an Organization
which,-
(i) is capable of being formed as a limited
company within the meaning of this Act;
(ii) is formed or intended to be formed with the
object of promoting any trade, industry or
service or any combination thereof;
(iii) prohibits payment of any profits to its
members; and
(iv) applies its income and profits for achieving
objects.
(t) “Small Trade and Small Business” mean Trade
Organization whose number of employees is less
than twenty;
(i) annual business turnover ranges between two
million rupees to twenty million rupees;
(ii) all utility bills do not exceed one million rupees
per annum and;
(iii) neither such small trader or small business is
owned or controlled by the Government; and
(u) “Small Industry” means a member of Trade
Organization which is a manufacturing concern
having an industry less than twenty employees,
whose annual turnover ranges between two million
rupees to twenty million rupees, utility bills do not
73
exceed one million rupees per annum, and is not
owned or controlled by the Government.
3. Licensing and Registration of Trade Organizations.- (1)
Notwithstanding anything contained in this Act or in any other
law for the time being in force relating to registration of
societies, bodies or associations of persons, no Trade
Organization shall be registered under the Act or such other law
unless it holds a License granted by the Government authorizing
it to be so registered.
(2) No license shall be granted for registration under this Act
to a Trade Organization unless it is,-
(a) a state chambers of commerce and industry (SCC&I),
organized on all- AJ&K basis, to represent chambers and
associations referred to in clauses (b), (c), (d) and (f):
Provided that a license for registration as a state
chambers of commerce and Industry shall not be granted
to more than one Trade Organization;
(b) a chamber of commerce and Industry organized to
represent trade, industry and services in a District. Such
a chamber representing less than the prescribed number
of persons shall not be granted license. Where the
number of persons desiring to form a chamber is less
than the prescribed number of persons, they may join a
licensed chamber of the adjoining district:
Provided that the Government may, by
notification in official Gazette, combine one or more
Districts for the purpose of grant of only one license. In
such a case the Government may allow the Districts so
combined to form a town association under clause (e);
(c) a women’s chamber of commerce and industry organized
to represent the women entrepreneurs engaged in trade,
industry or services in each Division but such a chamber
representing less than the prescribed number of women
entrepreneurs shall not be granted license and where the
number of women entrepreneurs desiring to form a
chamber is less than the prescribed number, they may
join an adjoining women’s chamber of commerce and
industry:
Provided that nothing contained in this clause
shall debar a woman entrepreneur to become member of
a chamber in clause (b) if such woman entrepreneur
74
otherwise fulfills the criteria of membership of the

respective chamber:
Provided further that nothing contained in this
clause shall debar the required number of women
entrepreneurs to form district women Chambers of
Commerce if they otherwise fulfill the criteria of
formation of a district chamber.
(d) an association with membership on all-AJ&K basis
organized to represent a specific trade, industry or
service or any combination thereof:
Provided that a license for registration as an all-
AJ&K associations shall not be granted to more than two
Trade Organizations in the same sector, one of which
must be an organization representing, small traders and
small business or small industry:
Provided further that whether a specific activity
in trade, industry or service is an independent sector or
only a sub-sector shall be determined by the
Government, whose decision in this respect shall be
final;
(e) a town association, organized to represent trade, industry
and services in a town, tehsil, taluka or a District where
there is no chamber and such town association shall be
affiliated with the chamber of the concerned District:
Provided that when a town, tehsil or talukais
upgraded as a District or is granted license under clause
(b), the town association in that town, tehsil, taluka or
District shall cease to exist with immediate effect; and
(f) a chamber of Small Traders organized to represent small
businesses, small traders and small industry, in each
District:
Provided that they otherwise qualify to form a
chamber under this Act.
(3) Notwithstanding the provisions of clause (b) and (d) of
sub-section (2), where the membership of a chamber in a District
attains the minimum prescribed number for grant of License to a
chamber under this Act, such persons shall be titled to form and
apply for grant of License as a chamber.
(4) On grant of License to a chamber under sub-section (3),
the firms and companies, which had obtained membership in the
75
chamber of an adjoining District, shall be deemed to have de-
registered from membership register of the adjoining chamber.
(5) Application for grant of License shall be submitted to the
Government in the prescribed application form.
(6) A Trade Organization shall be granted License on such
terms and subject to such conditions as may be prescribed.
(7) License shall be granted to a Trade Organization for a
period of five years.
(8) A Trade Organization holding a License shall be
registered under the Act as a company with limited liability
without the addition of the word “limited” to its name and on
such registration shall enjoy all the privileges of a limited
company and be subject to all its obligations except those of,-
(a) using the word “limited” as any part of its name;
(b) publishing its name; and
(c) sending lists of members to the registrar.
(9) The Government may, by notification in the official
Gazette, grant exemption to any Trade Organization from any
provision of this Act and such exemption may be for such
period and subject to such conditions as may be specified in
the notification:
Provided that no such exemption shall be granted to a
Trade Organization unless the Government is satisfied that it
would be in the public interest to do so.
4. Revocation of Licenses of existing Trade Organizations.- (1)
Except as hereinafter provided, and notwithstanding anything
contained in any other law for the time being in force and
Memorandum and Articles of association of any Trade
Organization, any License granted under any other law to an
existing Trade Organization shall stand revoked with, and such
Trade Organization shall be required to apply for grant of
License under this Act by the date notified by the Government:
Provided that revocation of License of a Trade
Organization shall not prevent its members from assuming
office, subject to Section 11, consequent upon elections under
any other law.
(2) The Government shall decide on application for grant of
License within such period of its filing as notified by the
Government.
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(3) An existing Trade Organization which has applied for

grant of License within the time notified by the Government
shall continue to function as a Trade Organization until the
Government decides its application for grant of License and
until the first elections are held according to rules made under
this Act.
5. Privileges and obligations of Trade Organizations.- (1) A
licensed and Registered Trade Organization shall be a body
corporate with perpetual succession and a common seal and
may sue and be sued in its own name and, subject to and for the
purposes of this Act, may enter into contracts and may acquire,
purchase, take, hold and enjoy movable and immovable
property of every description and may convey, assign,
surrender, yield up, charge, mortgage, demise, re-assign,
transfer or otherwise dispose off or deal with, any movable or
immovable property or any interest vested in it, upon such terms
as it deems fit.
(2) The liability of members of a licensed and Registered
Trade Organization shall be limited to their membership
subscription.
(3) No Trade Organization other than a licensed and
registered Trade Organization shall use in its name or title the
word “State Chamber of Commerce” or “Association” except an
existing Trade Organization which has applied for grant of
License under this Act:
Provided that nothing in sub-section (3) shall apply to a
company, association or body of persons formed for promoting
art, science, religion, charity, sports, any profession other than
trade, commerce, industry, service or any other subject which
the Government may, by notification in the official Gazette
specify in this behalf.
6. Renewal of License.- (1) A licensed Trade Organization shall
require renewal of its License for every five years:
(2) Application for renewal of License shall be made to
the Regulator ninety days prior to the expiry of License:
Provided that the Regulator, on sufficient cause being
shown, by an order in writing, may extend the period not
exceeding thirty days.
(3) Annual accounts and performance of a Trade
Organization shall be audited by a firm of chartered
77
accountants, and the reports thereof shall be submitted to the
Regulator along with the renewal application.
(4) The Regulator, on receipt of the application for renewal
of License, shall endeavour to decide before the expiry of the
License.
7. Cancellation of License and exemption.-(1) The License
granted to a Trade Organization shall be cancelled by the
Government where,-
(a) a Trade Organization fails to apply for renewal of the
License granted under Section 3 of this Act within the
prescribed or extended period allowed by the Regulator;
(b) a Trade Organization fails to apply for membership of
the Government chamber of commerce and industry
within one month of grant of License;
(c) a Trade Organization fails to get registration under this
Act;
(d) a Trade Organization is found to be non-existent at the
registered address or is non-operational;
(e) a Trade Organization is not holding elections or
operating according to the provisions of the
Memorandum within the prescribed period;
(f) a Trade Organization is not complying with the orders
and directions of the Government or Regulator issued
under this Act or the rules;
(g) a Trade Organization is not discharging statutory
obligations as a limited company incurred under the Act;
(h) a Trade Organization is not discharging statutory
obligations under this Act or prescribed rules;
(i) a Trade Organization fails to pay the penalties imposed
under this Act within the prescribed period.
(j) the Government cancels any exemption granted to a
Trade Organization, under sub-section (9) of Section 3;
(k) the Trade Organization is engaged in activities other than
those for which it was established;
(l) the Trade Organization has lost its representative
character or its membership remains below the
prescribed threshold over a period of two years; and
78
(m) the financial or performance audit report of a Trade

Organization states that,-
(i) the income and profits of the Trade Organization
are spent for purpose other than those for which
it was established; and
(ii) the Trade Organization does not remain
financially viable.
(2) Where the Government intends to cancel the License of a
Trade Organization, granted under Section 3 of this, it shall issue
a show cause notice to such Trade Organization specifying the
grounds for its intention to cancel the License and provide
adequate opportunity of being heard before deciding the matter.
(3) The Government shall notify, in the official Gazette,
cancellation of License of a Trade Organization.
(4) Where the License is cancelled on any ground mentioned
in clause (d), (e), (f), (g), (h),(i), (k), (l) and (m) of sub-section
(1), members of the Trade Organization concerned found
responsible by the Government for the grounds of cancellation
shall be debarred from sponsoring the proposal for grant of
license or de novo license to a Trade Organization or becoming
member of or holding any office of any Trade Organization for a
period not exceeding three years.
(5) Where the License of a Trade Organization has been
cancelled under sub-section (1), a member or member of
executive committee or employee of such Trade Organization
continues to impersonate as member, member of executive
committee or employee of the Trade Organization, such person
shall be liable to penalties under Section 24.
8. Cancellation of Registration.- (1) Notwithstanding anything
contained in this Act or any other law for the time being in
force,-
(a) the registration of a Trade Organization under the
Act shall be deemed to have been cancelled with
immediate effect if the License granted to such Trade
Organization has been cancelled by the Government
under Section 7;
(b) the registration of an existing Trade Organization shall
stand cancelled with immediate effect if such a Trade
Organization has failed to apply for grant of fresh
License within the time notified by the Government;
79
(c) the registration of an existing Trade Organization under
this Act shall stand cancelled, unless it has been granted
License by the Government under Section 3.
(2) The Registrar shall strike off the Register, and publish in
the official Gazette, the names of all such Trade Organizations
whose registration has been cancelled under sub-section (1).
(3) All affairs of a Trade Organization whose registration
stands cancelled under sub-section (1) shall be wound up in a
manner as determined by the Government.
9. Grant of license de novo.- (1) Where License of a Trade
Organization is cancelled under Section 7, the Government may
consider grant of License de novo after a period of one year from
the date of cancellation of License:
Provided that where the License of a Trade Organization
was cancelled under clause (a) of sub-section (1) of Section 7,
the Government may consider the grant of license de novo at an
earlier date.
(2) The Trade Organization seeking license under sub-
section (1) shall be required to make an application in such form
and manner as may be Prescribed.
10. Membership of Trade Organizations.- (1) Chambers and
sector specific associations on all AJ&K basis, granted license
under this Act, shall apply for membership of the State
Chambers of Commerce and Industry within thirty days of grant
of License under this Act.
(2) Upon an application by a Trade Organization under sub-
section (1), the state chambers of commerce and industry shall
enroll such Trade Organization as its member within thirty days
and where such an enrolment is not decided within thirty days,
the matter shall be referred to the Regulator along with the
reasons for not allowing enrolment and the Regulator shall
decide the matter within thirty days.
(3) A chambers of commerce and Industry shall be eligible
to vote in the election of office-bearers and committees of the
State Chambers of Commerce and Industry on completion of
two years of grant of License:
Provided that the existing Trade Organizations, on grant
of License under this Act, shall be deemed to be members of the
State Chambers of Commerce and Industry and shall be entitled
to vote.
80
(4) Proprietorships, associations of persons, partnerships,

companies or multinational corporations engaged in trade,
industry or services shall be entitled to enrolment as members of
chambers and associations on fulfillment of the prescribed
conditions.
(5) Notwithstanding anything contained in any other law for
the time being in force, any person engaged in trade, industry or
service, or any combination thereof, shall be entitled to be
enrolled as a member of a registered Trade Organization except
where such person is otherwise disqualified for any of the
reasons as may be Prescribed.
(6) Where a person, qualified to be enrolled as a member of
a Trade Organization, is refused for enrolment or the enrolment
is unduly delayed, on a complaint by the aggrieved person, the
Regulator may direct the Trade Organization concerned to
enroll such person as a member on fulfillment of the Prescribed
requirements.
(7) New members of the chambers and associations shall be
eligible to vote on completion of two years of their enrolment
and payment of all dues:
Provided that old members of the chambers and
associations at the time of renewal of membership which has
been discontinued due to non-payment of subscription dues
shall be eligible to vote on completion of one year of their re-
enrolment and payment of all dues.
(8) Except for the membership and office-bearers provided
under this Act or rules made thereunder, there shall not be any
other position by any nomenclature in a Trade Organization.
11. Organization and tenure of office-bearers and executive
committee of Trade Organizations.- (1) Notwithstanding
anything in any other law for the time being in force and
Memorandum and articles of association of any existing Trade
Organization, the tenure of office-bearers of all Trade
Organizations shall be one year,-
(a) in case of the state chamber of commerce and Industry
from the 1st day of January to 31st day of December;
(b) in the case of all other Trade Organizations, the 1 st day of
October to 30th day of September.
81
(2) The organizational structure of Trade Organizations
including composition and tenure of Executive Committees and
the manner of their elections shall as may be Prescribed.
12. Uniformity in structure and autonomy of trade
organizations.-(1) The Government shall propose to and obtain
approval from the standing committee on commerce in the
Legislative Assembly of AJ&K for a minimum, basic template of
Memorandum for all Trade Organizations to be registered under
this Act.
(2) The said template shall be in compliance with the Act
and shall ensure integrity, transparency and efficiency in
maintaining the roll of voting members, election of Office
bearers, fiduciary responsibility and right of the individual
members of the Trade Organization.
(3) After approval, the Government shall publish in the
official Gazette basic template of Memorandum for all Trade
Organizations to be registered under this Act.
(4) Apart from adherence to the basic template, the
Registered trade organizations shall be autonomous to make
changes in its Memorandum in accordance with the Act.
13. The Regulator.- (1) The Government may, by notification in the
official Gazette, appoint or empower an officer to perform the
functions of Regulator of Trade Organizations under this Act.
(2) The Government may appoint or empower such other
officers with such designations as it deems fit for performing
under the superintendence and direction of the Regulator, such
functions of the Regulator, under this Act as it may, from time to
time, authorize them to discharge.
(3) The Regulator may, by order in writing,-
(a) Review any function, mater, case or decision of any
officer; or
(b) Withdraw any function, matter or case from any officer
or staff, and deal with such function, matter or case
himself either de novo or from the stage it was so
withdrawn, or transfer the same to another officer or
staff at any stage.
14. Powers and functions of the Regulator.- (1) All acts and
proceedings of a Registered trade organization shall be subject to
the control of the Government and, subject to such control the
affairs of such Trade Organization shall be managed and
82
conducted in such manner as the Regulator may, from time to

time, direct.
(2) The Regulator shall, for the purpose of this Act, have the
same powers as are vested in a Civil Court under the Code of
Civil Procedures 1908 (Act V of 1908), as enforced in AJ&K in
respect of the following matters, namely,-
(a) summoning and enforcing the attendance of any person
and examining him on oath;
(b) compelling the production of documents;
(c) receiving evidence on affidavit; and
(d) issuing commission for the examination of witnesses.
the time being in force or in the articles or Memorandum of a
Registered Trade Organization and without prejudice to the
generality of the foregoing provisions, the Regulator shall
exercise the powers to,-
(a) conduct enquiries into affairs of a Trade Organization as
may be necessary for the purposes of this Act;
(b) inspect, with or without prior notice, any office of such
Trade Organization including any of its branch or
regional, circle, zonal or liaison office, or any record or
document found therein;
(c) attend any meeting of the general body or the Executive
Committee of such Trade Organization or of any
committee or other body set up or appointed to transact
any business, or to conduct any affair, of such Trade
Organization;
(d) watch and supervise, or cause to be watched and
supervised, any election held by, or for the purpose of
electing persons to the Executive Committee or other
body including a region, circle or zone of any such Trade
Organization;
(e) act as a final forum of appeals against the decision of any
person, committee or office bearers of a Trade
Organization in matters relating to electoral process
before the conduct of election; and
(f) annul the results of any election held by any Trade
Organization if he is satisfied,-
83
(i) upon his own knowledge and after such
investigation he may think fit to make; or
(ii) upon a report made by a person authorized by
him to make to investigation for the purpose; or
(iii) upon a complaint filed by an aggrieved person in
this behalf within thirty days of the
announcement of the results of such election,
that the irregularities in the conduct of such
election justify such annulment and, by order in
writing, direct fresh election to be held within
such period as may be specified in the order;
(g) give direction to person or a Trade Organization in
matters concerning this Act, or any rules or directive
made thereunder;
(h) impose and collect penalties and fines under this Section
25; and
(i) such other powers as are provided in this Act.
15. Powers to enter and search the premises.- (1) The Regulator or
any officer authorized in this behalf may, for the purpose of
making any investigation, enter any premises, where the
Regulator or such authorized officer, as the case may be,
has reasons to believe that any article, books of account,
computer hardware or software, data recording devices, or
other document relating to the subject matter of investigation
may be found, and may-
(a) search such premises and inspect any article, books of
account, computer hardware or software, data recording
devices, or other document;
(b) take extracts or copies of such articles, books of account,
or any software data;
(c) impound or seal such books of account, computer
hardware or software, data recording devices, or other
documents; and
(d) make inventory of such articles, books of account,
computer hardware or software, data recording
devices, or other documents found in such premises.
(2) All searches made under sub-section (1) shall be
carried out, mutatis mutandis, in accordance with the provisions
84
of Code of Criminal Procedure, 1898 (Act V of 1898), as

enforced in AJ&K.
(3) Before taking any action under this Section, the
Regulator shall submit to the Government in writing the evidence
and reasons for taking the said action.
16. Supersession of Executive Committee, office-bearers and
appointment of Administrator.- (1) Where the Government
is in receipt of the findings of an investigation by the
Regulator, that the affairs of a Registered Trade Organization are
not being properly managed and that the interests of trade,
industry or service so require, it may, by order in writing,
suspend or supersede the Executive Committee of such Trade
Organization for such period, not exceeding six months, as may
be specified in the order:
Provided that no such order shall be made unless
the Executive Committee, intended to be suspended or
superseded, has been given a notice in writing of and afforded
an opportunity to make a representation against, the intended
supersession.
(2) Where,-
(a) an Executive Committee is superseded under sub-
section (1);
(b) in the opinion of the Government, it is not possible for
any reason to reconstitute the Executive committee at the
due time of such reconstitution; or
(c) the Executive Committee is debarred by an order of any
court, from discharging its functions, the Government
may appoint, for such period, not exceeding six months,
an Administrator to take over the functions of Executive
Committee and to manage and conduct the affairs of the
Trade Organization:
Provided that when the period of supersession is
terminated or the Executive Committee is reconstituted
or the order of the Court is vacated before the expiry of
the period for which the Administrator shall have been
appointed, the Government may direct the
Administrator to relinquish the functions taken over
by him in favor of the Executive Committee.
(3) Upon the appointment of an Administrator under clause
(a) or clause (b) of sub-section (2), the members of the Executive
85
Committee shall be deemed to have vacated their respective
offices.
17. Administrator to act under the control of Regulator.- (1) The
Administrator shall manage and conduct the affairs of the Trade
Organization under the supervision and control of the Regulator
and in accordance with the rules, if any, made in this behalf by
the Government and, until such rules are made, in
accordance with such directions as the Regulator may, from time
to time, give.
(2) The rules and directions referred to in sub-section (1)
may provide for,-
(a) the appointment of an advisory committee consisting of
person, selected from the members of the Trade
Organization to assist the Administrator in the discharge
of his functions;
(b) holding of elections for the purpose of reconstitution of
the Executive Committee at any time considered
appropriate before the expiry of the term of appointment
of the Administrator;
(c) compliance with the provisions of this Act to the extent
applicable to the Trade Organization except those
relating to the laying of the income and expenditure
account and reading of the auditor’s report in general
meeting;
(d) withholding, during the period of supersession of the
Executive Committee, of the general meeting of the
Trade Organization other than the meeting to hold
elections for reconstituting the Executive Committee;
(e) conduct of any business, during the period the general
meeting remains withheld, which requires the approval
or assent of the members at a general meeting;
(f) the pay, allowances, remuneration and other privileges,
of the Administrator and the members of the advisory
committee; and
(g) such other matters as are necessary for efficient
management of the affairs of the Trade Organization.
(3) Any expenditure incurred in connection with the
management of a Trade Organization by the Administrator
including pay, allowances and remuneration of the Administrator
and the members of the advisory Committee shall be met as
86
expenses, and be a charge on the income, of the Trade

Organization:
Provided that the Government may allow remuneration,
honorarium to and reimbursement of actual expenses incurred by
the Administrator in connection with performance of his
functions to be met from the Trade Organizations fund.
18. Restriction on suits against Trade Organizations.-
Notwithstanding anything contained in any law for the time
being in force or in the articles or Memorandum of a Registered
Trade Organization, no suit or other legal proceedings relating to
affairs of a Trade Organization shall be instituted or commenced
in any court except High Court.
19. Compulsory membership of Trade Organizations.- (1)
Notwithstanding anything contained in any other law for the time
being in force or in the articles or memorandum of association
of any Trade Organization or other company or in any agreement
or other instrument, the Government may,-
(a) subject to any rules made in this behalf, by order in
writing, direct any firm, company or other concern
engaged in any trade, commerce, industry or service to
be a member of Registered Trade Organization specified
in the order; or
(b) if it considers expedient in the interest of trade,
commerce, industry, or service, by notification in the
official Gazette, direct all such firms, companies or
concerns or any class thereof engaged in trade,
commerce, industry or service, as may be specified in
the notification subject to exception if any, to be
members of the Registered Trade Organization or
organizations specified in this behalf in such notification.
(2) Upon the issue of an order or notification under sub-
section (1), the Registered Trade Organization concerned shall
admit as its member any firm, company or concern directed to be
its member by such order or notification.
20. Restriction on Membership.- (1) No person shall be a member
of more than such number of Trade Organizations as the
Government may, by notification in the official Gazette, specify
in this behalf.
(2) A person convicted for any offence under this Act shall not
hold, or be eligible for holding, any office in a Registered Trade
Organization unless a period of five years has elapsed.
87
21. Appeal.- (1) Any person or Trade Organization aggrieved by any
decision or order of the Administrator may, within fourteen days
of communication of such decision or order, prefer an appeal to
the Regulator.
(2) Any person or Trade Organization aggrieved by any
decision or order of the Regulator may, within fourteen days of
communication of such decision or order, prefer appeal to the
Government whose decision, subject to sub-section (4), shall be
final.
(3) On appeal under sub-section (1), the Regulator or, as the
case may be, the Government may suspend the operation or
execution of the decision or order appealed against until the
disposal of such appeal.
(4) Any person aggrieved by the final order or decision of
the Government involving a question of law may, within thirty
days of such order or decision, prefer an appeal to the High
Court.
22. Delegation of Powers.- (1) The Government may, by
notification in the official Gazette, direct that all or any of its
powers under this Act shall, in relation to such matters or subject
to such conditions as may be specified therein, also be
exercisable by the Regulator.
(2) The Regulator may, by order in writing, authorize the
Administrator or any other officer to exercise and perform any of
his powers and functions under this Act.
23. Government may carry out the functions of the
Regulator.- Notwithstanding anything contained in any other
provision of this Act, the Government may, by notification in
the official Gazette, direct that the powers and functions of the
Regulator shall, under such circumstances, or in such cases, as
may be specified in the notification, be exercised and performed
by the Government and upon such notification reference to
the Regulator in the relevant provisions of this Act shall be
construed as reference to the Government and such provisions
shall have effect accordingly.
24. Power to levy fee etc.- The Government may levy and
charge prescribed processing fee for grant of License or renewal
of License to a Trade Organization, and for examining the
performance reports, audited accounts, and other documents
submitted to the Government or the Regulator.
88
25. Penalty.- Where a person contravenes any provision of this

Act or any rule or order made, or any direction or
instruction given thereunder, or obstructs any officer or
person acting under or in pursuance of any such provision,
rule, order, direction, or instruction, shall be liable to penalty
which may extend to one hundred thousand rupees.
26. Contravention by Companies, etc.- Where a person
contravening or failing to comply with, any provision of this Act
or any rule, order or direction made or issued thereunder is a
company or other body corporate, every managing director,
director, manager, secretary or other officer or agent thereof
shall, unless he proves that the offence was committed
without his knowledge or that he exercised due diligence to
prevent its commission, shall be liable to the penalty as provided
for such contravention or failure.
27. Trade Organizations Fund.- (1) There shall be established a
Fund to be known as the Trade Organizations Fund which shall
consist of,-
(a) grants made by the Government;
(b) fees and penalties collected by the Regulator; and
(c) contributions from local and foreign donors or agencies.
(2) The Government shall make rules and regulations for
utilizing and incurring expenditures from the Fund.
(3) For the purpose of maintaining the Fund, the
Government may open and maintain accounts at such scheduled
Banks or the Bank of Azad Jammu and Kashmir as it may from
time to time determine.
28. Presumption as to order.- Where an order purports to have
been made or signed by an authority or person in exercise of any
power conferred by or under this Act, a court shall presume that
such order was so made by that authority or person.
29. Mode of recovery.- Any sum imposed as penalty under this Act
shall be recoverable as an arrear of land revenue.
30. Indemnity.- No suit, prosecution or other legal proceedings shall
lie against any person for anything which is, done or intended to
be done in good faith, in pursuance of this Act or any rule or
order made or any direction given thereunder.
89
31. Power to make Rules.- The Government may, by notification in
the official Gazette, make Rules for carrying out the purposes of
this Act.
32. Act to override other laws.- The provisions of this Act
shall have effect notwithstanding anything to the contrary
contained in any other law, for the time being in force.
33. Merger of Trade Organizations.- Notwithstanding anything
contained in any other law for the time being in force or
provisions contained in Memorandum and Articles of
Association of any Trade Organization, the Government may,
by notification in official Gazette, direct any number of
Trade Organizations to merge if each of them is involved in
the same or significantly similar trade, industry or services or any
combination thereof:
Provided that if two or more Trade Organizations are
involved in the same or significantly similar trade, industry or
services or any combination thereof shall be determined by
the Government whose decision in this regard shall be final.
34. Transitional provisions.- (1) All existing Trade
Organizations, before submitting application for grant of
License under this Act, shall alter their Memorandum and
articles of association or any existing arrangement, and shall
take such other actions as are necessary to bring the
constitution, working and procedures of the existing Trade
Organizations in conformity with the provisions of this Act.
(2) Notwithstanding anything contained in this Act, or any
other law for the time being in force, or provisions contained
in the Memorandum and articles of association of any Trade
Organization, in order to bring the composition of the state
chambers of commerce and industry, chambers and associations
in conformity with the provisions of this Act, the
Government may, within six months of the commencement of
this Act, pass any orders deemed appropriate for this purpose.
Such orders may include, but not limited to, extension of the
tenure of the office bearers and committees, or supersession
of Executive Committee, or appointment of Administrator, or
annulment of the elections of any Trade Organization
including the state chambers of commerce and Industry, held
under this Act or the order of the court. Simultaneously, with the
passing of such order, the Government shall issue schedule of
election for the respective Trade Organization.
90
35. Validation of actions etc.- Anything done, actions taken, orders

passed, instruments made, proceedings initiated, processes or
communications issued, powers conferred, assumed, exercised
by the Government or Regulator on or after and before the
commencement of this Act shall be deemed to have been validly
done, made, issued, taken, initiated, conferred, assumed,
exercised and the provisions of this Act shall have, and shall
be deemed always to have had effect accordingly.
36. Repeal.- The Trade Organization Ordinance, 1961 (XLV of
1961) is hereby repealed.
Sd/-
91
Dated: 22nd March, 2019
the assent of the President on the 15th day of March 2019, is hereby
(ACT V OF 2019)
An
Act
further to amend the Bank of Azad Jammu and Kashmir Act, 2005
WHEREAS it is expedient further to amend the Bank of Azad
Jammu and Kashmir Act, 2005 (Act VI of 2005), in the manner
called the Bank of Azad Jammu and Kashmir (Amendment) Act,
2019.
Kashmir.
2. Amendment of Section 4, Act VI of 2005.- In the Bank of
Azad Jammu and Kashmir Act, 2005 (Act VI of 2005), in
Section 4, in sub-section (1), for the words “two billion rupees
divided into two hundred million”, the words “ten billion rupees
divided into one billion” shall be substituted.
Sd/-
92

Dated: 22nd March, 2019
the assent of the President on the 15th day of March 2019, is hereby
(ACT VI OF 2019)
An
Act
to amend the Azad Jammu and Kashmir Finance Act, 2018
Kashmir Finance Act, 2018 (Act IV of 2018), for the purposes
1. Short Title, Extent and Commencement.- (1) This Act may be
called the Azad Jammu and Kashmir Finance Supplementary
2. Adaptation of Amendments of Income Tax Ordinance, 2001
(Ordinance XLIX of 2001).- (1) In the Income Tax Ordinance,
2001 (XLIX of 2001), as adopted and enforced in Azad Jammu
and Kashmir, hereinafter referred to as the said Ordinance,
except otherwise legislated by an Act of the Assembly, all
amendment made in the said Ordinance and all rules,
notification, circulars and other orders issued thereunder, as
enforced in Pakistan at any time on or after 1st day of July, 2017
and before the commencement of this Act, shall also, as far as
practicable, be deemed to have been so made, at the same time in
the said Ordinance, as enforced in Azad Jammu and Kashmir by
virtue of the Azad Jammu and Kashmir Income Tax (Adaptation,
Enforcement and Validation) Act, 2002 (Act IV of 2002).
including Supreme Court or High Court of Azad Jammu and
proceedings initiated, notices issued, actions taken, orders
passed, penalty imposed, power excised or conferred on any
authority on or after the 10th day of September 2018, in
accordance with the amendments made in the said Ordinance, as
93
in force in Pakistan, shall be deemed always to have been validly
done, levied, charged or collected, initiated, issued, taken, passed
or made, imposed, or exercised or conferred and so much of such
tax as has not been levied, charged, paid or collected before the
commencement of this Act shall be leviable, chargeable and
recoverable in accordance with the said amendments.
3. Adaptation of Amendments of Sales Tax Act, 1990 (Act VII
of 1990.- (1) In the Sales Tax Act, 1990 (Act VII of 1990), as
adapted and enforced in Azad Jammu and Kashmir, hereinafter
referred to as Act 1990, except otherwise legislated by an Act of
the Assembly, all the amendments made in the Act 1990 and all
rules, notifications, circulars and orders made or issued
thereunder, as enforced in Pakistan at any time on or after the
10th day of June, 2018 and before the commencement of the Act
1990, shall also, as far as practicable, be deemed to have been
made, at the same time, in the Act 1990, as enforced in the Azad
Jammu and Kashmir by virtue of the Sales Tax (Adaptation) Act,
1993 (Act IV of 1993).
amendments.
4. Adaptation of the Amendments in Federal Excise Act, 2005.-
the amendments made in the said Act and all rules, notifications,
circulars and other orders made or issued there under, as
enforced in Pakistan at any time on or after 10thday of June,
2018, and before the commencement of this Act, shall also, as far
as practicable, be deemed to have been made, at the same time,
in the said Act, as enforced in the Azad Jammu and Kashmir by
virtue of the Azad Jammu and Kashmir Finance Act, 2005 (Act
VIII of 2005).
94

amendments.
Services) Act, 2001 (Act XXIV of 2001.- (1) In the Schedule to
the Azad Jammu and Kashmir Sales Tax (Tax on Services) Act,
2001 (XXIV of 2001), after serial number 43 and entries relating
thereto in columns (2), (3) and (4), the following new serial
number and corresponding entries in columns (2), (3) and (4)
shall be added, namely:-
44 IT Services and IT- Respective Heading Five percent
enabled services
Sd/-
95
Dated: 2nd May, 2019
received the assent of the President on the 26th day of April 2019, is
(ACT VII OF 2019)
An
Act
further to amend the Azad Jammu and Kashmir President’s Pension
Act, 1995
and Kashmir President’s Pension Act, 1995 (Act I of 1995), for the
Azad Jammu and Kashmir President’s Pension (Amendment)
Act, 2019.
2. Amendment of Section 2, Act I of 1995.-In the Azad Jammu
and Kashmir President’s Pension Act, 1995 (Act I of 1995), in
Section 2,-
(a) in clause (iii) of sub-section (1), for the word and figures
“Rs. 20,000/- and Rs. 30,000/-”, the word and figures Rs.
40,000/- and Rs. 75,000/-” shall respectively be
substituted.
(b) after sub-section (1) following proviso shall be added:-
“Provided that the excessive pension already drawn by the
former Presidents shall be deemed to have been regularized to
their extent and in future they shall draw pension in accordance
with the revised rate under this Act.”
(c) in sub-section (2), for the words “two hundred and fifty”,
the words “one thousand” shall be substituted.
3. Repeal.- The Azad Jammu and Kashmir President’s Pension
(Amendment) Ordinance, 2018 (Ordinance IX of 2018) is hereby
repealed.
Sd/-
96

received the assent of the President on the 3rd day of May 2019, is
(ACT VIII OF 2019)
An
Act
to provide law to create an enabling environment for promotion of
Tourism Sector
WHEREAS it is expedient to expand the provision of
infrastructure and hospitality services in tourism sector by improving
their reliability and quality for accelerating economic growth and
achieving the social objectives of the Government, to mobilize the
private sector resources for financing, construction, maintenance and
operation of tourism projects, to improve efficiency of management,
operation and maintenance of tourism facilities by introduction of
modern technologies and management techniques, to incorporate
principles of fairness, competition and transparence in tourism
infrastructure and hospitality services projects and to provide for
ancillary matters thereto;
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.-(1) This Act may be
called the Azad Jammu and Kashmir Tourism Promotion Act,
2019.
(2) It shall extend to the whole of the Azad Jammu and
Kashmir.
2. Applicability.- The provisions of this Act shall apply to all the
projects related to tourism infrastructure, hospitality services,
adventure and recreational activities in Azad Jammu and
Kashmir.
3. Definitions.- In this Act, unless there is anything repugnant to
the subject or context,-
97
(a) “Bid” means a technical and financial proposal
submitted by a person eligible under this Act to
undertake a tourism project;
(b) “Construction” includes reconstruction, rehabilitation,
renovation, improvement, expansion, addition, alteration
and related activities against a tourism related project
implemented/executed by the Private Investor after an
investment agreement;
(c) “Government” means the Azad Government of the State
(d) “Government Agency” means Azad Jammu and Kashmir
Tourism and Archaeology Department;
(e) “Investment” includes financing, development and pre-
operative capital expenditure made or incurred on
services, facilities, land, construction and equipment for
tourism projects as may be prescribed;
(f) “Investment Agreement” means an agreement or
contract made between the Government Agency and a
Private Investor for the provision of an infrastructure
facility or service through a project under this Act;
(g) “Lease” means any land or building transferred to a
Private Investor by the Government Agency on lease for
tourism investment projects;
(h) “Lender” means a financial institution, bank or an
establishment providing financial support with or
without security;
(i) “Prescribed” means prescribed by the Rules made under
this Act;
(j) “Private Investor” means an entity, person, company or
consortium registered in AJ&K as such, who enters into
an Agreement with the Government Agency;
(k) “Project” means a tourism project implemented under
this Act;
(l) “PPU” means the Project Planning Unit established by
the State Tourism Executive Committee;
(m) “Risk” means any act or event which may adversely
affect the performance and cost of a project;
98
(n) “STEC” means State Tourism Executive Committee

constituted under this Act;
(o) “Schedule” means the Schedule appendix to this Act;
(p) “Tourist Infrastructure” means any facility provided by
the Government Agency or a private investor or both for
tourism promotion; and
(q) “User Levy” means a levy, tariff, toll, fee, or a charge
which may be collected under an Investment Agreement.
CHAPTER-II
INSTITUTIONAL ARRANGEMENTS
4. State Tourism Executive Committee (STEC).- (1) There shall
be a State Tourism Executive Committee consisting of the
following,-
(i) Minister for Tourism & Chairperson
Archaeology
(ii) Chief Secretary of AJ&K Vice Chairman
(iii) Additional Chief Secretary Member
(Dev.)
(iv) Additional Chief Secretary Member
(Gen.)
(v) Senior Member Board of Member
Revenue
(vi) Secretary Finance Member
(vii) Secretary Forest Member
(viii) Secretary Tourism & Member/ Secretary
Archaeology
(ix) Representative of AJK Bank/ Ex-Officio member
Any Schedule Bank nominated
by Government
(2) The STEC shall perform following functions,-
(i) on a proposal of Government Agency and
after approval of the Government, formulate
rules, regulations and the policy pertaining
to the tourism promotion;
(ii) ensure implementation of the Act, Rules and
Policy;
99
(iii) examine the suitability of the tourism project as
listed in the Schedule, submitted by the Project
Planning Unit (PPU) as per Terms of References
(ToR’s) approved by the STEC;
(iv) make decisions about any direct or
contingent support for a project requested by
the Government Agency;
(v) approve tourism promotion project under the
Schedule which includes rejection of a
project or send back to the PPU for
reconsideration;
(vi) determine the type of Government support
referred to any tourism project;
(vii) have authority to change any timeline
provided in the rules except the timelines
mentioned in the Act;
(viii) approve lease period, deeds and agreements
with private investor on case to case basis;
and
(ix) take all other steps necessary for giving
effect to the provisions of this Act.
5. Project Planning Unit (PPU).- (1) The Government shall, on
the recommendations of STEC, by notification establish the
Project Planning Unit (PPU) in the Government Agency to assist
STEC in appraisal of tourism projects.
(2) The PPU shall,-
(i) provide technical support to STEC regarding submission
of project proposals;
(ii) formulate comprehensive ToR’s for investment through
Private Investor for tourism projects and get the ToR’s
approved from STEC;
(iii) develop operating guidelines, procedures and model
documents for projects for approval by the STEC; and
(iv) perform any other function as may be assigned to it by
the STEC.
6. Government Agency.– (1) The Government Agency shall
manage the project throughout its life cycle consisting of project
100
identification, project proposal preparation including feasibility,

tendering, supervising the implementation and operation of the
project, and if applicable taking over the project under a tourism
investment agreement.
(2) The Government Agency shall,–
(a) identify a suitable project and prioritize the project
within tourism sector or geographical area of
responsibility;
(b) submit a project concept paper in the form of pre-
feasibility study through the PPU to the STEC for
its consideration and approval;
(c) hire consultant and/or experts for preparation of
project proposal and bidding/tendering process as
and when required;
(d) supervise the preparation of a feasibility study for
the project and, if its outcome is positive, submit a
project proposal along with estimated cost of the
project, type of private investment agreement and
the details of Government support, if required, to
the STEC;
(e) conduct a competitive tendering process for a
project approved by the STEC, including a pre-
qualification process and bidding by the pre-
qualified bidders to select the suitable Private
Investor;
(f) carry out bid evaluation;
(g) negotiate and sign the tourism investment
agreement with the selected Private Investor;
(h) monitor and evaluate implementation and operation
of the Project;
(i) if required, seek support and advise of PPU for
performance of any of the functions under this
Section.
7. Government Support.-(1) The Government Agency shall
indicate the Government support, if any, for a project.
101
(2) The Government support may be obtained in the
following forms-
(a) administrative support to the Private Investor in
obtaining licenses and other clearances from the
Government, for purposes of the Project on such
terms and conditions as may be prescribed;
(b) provision of utility connections for power, gas and
water at project site, clearance of right of way or
acquisition of land necessary for the project and,
rehabilitation and resettlement necessitated because
of the execution of the Project; and
(c) asset based support such as leasing land and
infrastructure facilities owned by the Government or
a Government Agency to the Private Investor.
CHAPTER-III
OPERATIONAL FRAMEWORK
8. Procedure for leasing of land and properties.-Following
procedure shall be applied for leasing of land and properties,-
(i) the Government Agency shall identify, prioritize
and select the land at potential tourist spots in the
State which shall include area, size and ownership
as per land record;
(ii) the Government Agency shall seek consent of
concerned Department, where land or property
selected is not owned by Tourism Department for its
transfer to Government Agency and without consent
no land shall be transferred;
(iii) the Government Agency shall prepare the project
package by engaging PPU for technical, financial,
and economic feasibility of the proposed project
with special attention to social and environmental
impact assessment as prescribed;
(iv) duration of land lease may extend to 50 years and
for building, it may be to 20 years and duration may
be further extended on the basis of performance as
per prescribed parameters and market conditions
with or without modifications in the agreement;
102
(v) in case of any infrastructural investment by a

Private Investor, the same shall be built and
operated by the Private Investor and finally
transferred to the Government Agency
automatically after expiry of the agreement;
(vi) relevant Government departments may extend their
technical and administrative support to the
Government Agency required for completion of a
tourism project.
9. Framework for Private Sector Participation in Different
Categories.-To lease out developed infrastructure or identified/
selected land for private investment. The Government Agency
shall make framework on recommendations of the STEC and
after approval of the Government in the following areas,-
(i) to lease out land for Private Investment;
(ii) to lease out land for Camping Sites;
(iii) to lease out land for Hotels/ Motels/ Restaurants etc;
(iv) to lease out land for Tourist Resorts/ Mega Projects;
(v) for Water Sports Development in and along lake areas of
AJ&K;
(vi) to lease out for Government Owned Buildings;
(vii) to constitute AJK Tourism Regulatory Board (AJK TRB)
(viii) to constitute Destination Management Organization
(DMOs)
(ix) any other Framework related to tourism sector.
10. Selection of Private Investors.- Selection of the Private Investor
shall be made by providing equal opportunities to all interested
investors through bid initiation, valuation and award of the
contract in Prescribed manner.
11. Power to Make Rules.-The Government may, by notification in
official Gazette, make rules for carrying out the purposes of this
Act.
12. Overriding effect.– Notwithstanding anything contained in any
other law, the provisions of this Act shall prevail on all other
laws to the extent of a Tourism Project.
13. Repeal.- The Azad Jammu and Kashmir Tourism Promotion
Ordinance, 2019 (Ordinance I of 2019) is hereby repealed.
103
Sd/-
104
SCHEDULE
[see Section 4(2) (iii)]
TYPES OF PROJECTS WHICH CAN BE DECLARED
AS TOURISM PROJECT
1. Tourist Accommodations (Tourism and Hospitality
Infrastructure, Resorts):
Hotels, motels, lodging houses, log cabins, tourist hunts, guest
houses, chalets, camping sites, mobile caravans, rest houses,
youth hostels and Restaurants.
2. Tourist Transport:
A. Surface Transport:
Tourist Coaches, Buses and Vans equipped with luxury
seats, mike system and wide view windows and
preferably space on the lower side of vehicles for
luggage. Luxury 4WD Jeeps for mountainous roads.
B. Air Transport
i. Air transport such as helicopters/small planes
ii. Chartered flights.
C. Lake/Dam/River Transport: (Mangla Lake, Zilzaal
Lake, Kharigam-Sharda Lake area, Rivers Neelum/
Jhelum/Poonch, Patrind Dam area and any Dam area
developed in future):
i. River Transport: Rafts, Canoes, Speed Boats,
Passenger Launches, Water Scooters, Jumpers
Etc.
ii. Lake/Dam Transport: Fiber Glass Boats,
Kayaks, Water Scooters, Jumpers, Water Based
Children Play Stations, Small Ships,
Hovercrafts and Yachts etc. (The Ministry of
Industries GoP has declared transport as an
industry)
3. Entertainment and Recreation:
Play-land/Fun-land projects, Chairlifts and Disney-land type
parks, Bowling Alleys, Cineplex/Athletic and health clubs.
4. Convenience & Facilitation for Tourists:
Manufacturing tents and mountaineering equipment (already
covered as industry) Handicrafts manufacturing and handicraft
105
villages, tinned food, trekking and mountaineering food
manufacturing.
5. Organic Food Villages, Handicrafts Kiosks;
6. Chairlifts/ Cable Cars, Recreational/Theme/Sozo/
Amusement Parks;
7. Under Water World in Mangla Lake;
8. Ski Resorts; Musical/ Dancing Fountains;
9. Adventure Sports (Paragliding, Hang Gliding, Fixed Wing
Gliding, Motorized Gliding, Jero Copter, Mountain Biking,
Mountain Cycling, expeditions etc; White Water Rafting/
Kayaking etc; Rock Climbing/ Ice Climbing etc.)
10. Archaeological Assets, Heritage Sites, Museums etc;
106

(ACT IX OF 2019)
An
Act
further to amend the Chief Election Commissioner (Terms and
Conditions) Act, 1992
WHEREAS it is expedient further to amend the Chief Election
Commissioner (Terms and Conditions) Act, 1992 (Act II of 1992), in the
called the Chief Election Commissioner (Terms and Conditions)
2. Amendment of Section 5, Act II of 1992.- In the Chief Election
Commissioner (Terms and Conditions) Act, 1992 (Act II of
1992), in Section 5, in sub-section (1) for the word “three” the
word “five” shall be substituted and shall be deemed to have
been so substituted from 09.02.2016.
Sd/-
107
(ACT X OF 2019)
An
Act
to amend the Azad Jammu and Kashmir Disaster Management Act, 2008
Kashmir Disaster Management Act, 2008 (Act I of 2008), for the
It is hereby enacted as follow:-
called the Azad Jammu and Kashmir Disaster Management
2. Amendment of Section 23, Act I of 2008.- In the Azad Jammu
and Kashmir Disaster Management Act, 2008 (Act I of 2008), in
Section 23, in sub-section (4) between the words “scheduled
bank” and “and”, the sign & words “or Bank of Azad Jammu and
Kashmir”, shall be inserted.
Sd/-
108

(ACT XI OF 2019)
An
Act
to amend the Azad Jammu and Kashmir Anti Terrorism Act, 2014
WHEREAS, it is expedient to amend the Azad Jammu and
Kashmir Anti Terrorism Act, 2014 (Act XL of 2014), in the manner
called the Azad Jammu and Kashmir Anti Terrorism
Kashmir.
2. Substitution of Section 12, Act XL of 2014.- In the Azad
Jammu and Kashmir Anti Terrorism Act, 2014 (Act XL of
2014), hereinafter referred to as the said Act, for Section 12, the
“12. Proscription of Organizations.- (1) The Government
may, by order published in the official Gazette, list an
organization as a proscribed organization in the First
Schedule on an ex-parte basis, if there are reasonable
grounds to believe that it is—
(a) concerned in terrorism; or
(b) listed under the United Nations (Security
Council) Act, 1948 (XIV of 1948); or
(c) owned or controlled, directly or indirectly,
by any individual or organization proscribed
under this Act; or
109
(d) acting on behalf of, or at the direction of,
any individual or organization proscribed
under this Act.
Explanation: The opinion concerning
reasonable grounds to believe may be formed on
the basis of information received from any
credible source, whether domestic or foreign
including Governmental and regulatory
authorities, law enforcement agencies, financial
intelligence units, banks and non-banking
companies, and international institutions.
(2) The grounds shall be communicated to the
proscribed organization within three days of the passing
of the order of proscription.”
3. Amendment of Section 16, Act XL of 2014.- In the said Act, in
Section 16,-
(i) for the title “Security for good behavior”, the title
“Proscription of person” shall be substituted;
(ii) for sub-section (1), the following shall be substituted,
namely:-
“(1) The Government may, by order published in the
official Gazette, list a person as a proscribed person in
the fourth Schedule on an ex-parte basis, if there are
reasonable grounds to believe that such person is,-
(c) an activist, office bearer or an associate of
an organization kept under observation
under Section 14 or proscribed under
Section 12; or
(d) in any way concerned or suspected to be
concerned with such organization or
affiliated with any group or organization
suspected to be involved in terrorism or
sectarianism or acting on behalf of, or at the
direction of, any person or organization
proscribed under this Act.
110
Explanation: The opinion concerning reasonable

grounds to believe may be formed on the basis of
information received from any credible source,
whether domestic or foreign including Governmental
and regulatory authorities, law enforcement agencies,
financial intelligence units, banks and non-banking
companies, and international institutions.”
(iii) after sub-section (1), as substituted above, the following
new sub-section (1A), shall be added, namely:-
“(1A) The grounds shall be communicated to the
proscribed person within three days of the passing of the
order of proscription.”
(iv) for sub-section (3), the following shall be substituted,
namely:-
“(3) Where any person is aggrieved by the order of
the Government made under sub-section (1), he may,
within thirty days of such order, file a review
application, in writing, before the Government stating
the grounds on which it is made and the Government
shall, after hearing the applicant, decide the matter on
reasonable ground within ninety days.”
(v) after sub-section (3), as substituted above, the following
new sub-section (3A) shall be added, namely:-
“(3A) A person whose review application has been
refused under sub-section (3) may file an appeal to the
High Court within thirty days of the refusal of the review
application.”
Sd/-
111
Dated: 21st June, 2019
(ACT XII OF 2019)
An
Act
further to amend the Azad Jammu and Kashmir Cease Fire Line Incidents
Relief Act, 1992
and Kashmir Cease Fire Line Incidents Relief Act, 1992 (Act XXIV of
1992), in the manner hereinafter appearing;
the Azad Jammu and Kashmir Cease Fire Line Incidents Relief
2. Amendment of Section 2, Act XXIV of 1992.- In the Azad
Jammu and Kashmir Cease Fire Line Incidents Relief Act, 1992
(Act XXIV of 1992), hereinafter referred to as the said Act, in
Section 2,-
(i) clause (f) shall be substituted as under:-
“(f) “Incident” means an incident caused by enemy
action along cease fire line in Azad Jammu and
Kashmir, which perishes human life or affects
human body or damages, wholly or partially,
movable or immovable property or perishes
livestock or other useful animals;
(ii) sub-clause (iii) of clause (g) shall be substituted as
under:-
“(g) “Affected Person” means and includes any
person who lives in Azad Jammu and Kashmir
and,-
112
(i) who has been physically damaged on

account of any incident due to enemy
action along the cease fire line;
(ii) who is independent of a person who has
lost his life in an incident and in the
opinion of the competent officer or
board of officers, it is expedient to
provide him relief;
(iii) whose moveable or immoveable
property is damaged or livestock or
other useful animals are perished due to
enemy action.”
3. Substitution of Section 3, Act XXIV of 1992.- In the said Act,
Section 3, shall be substituted as under:-
“3. The Cease Fire Line Incidents Relief Fund.- (1) The
Government may establish a fund to be known as “Cease
Fire Line Fund” hereinafter referred to as the Relief
Fund, for carrying out purposes of this Act or rules or
any orders made thereunder which shall consist of,-
(i) contribution made by Federal Government;
(ii) contribution made by the Government;
(iii) donations and contributions made by individuals
or organizations;
(iv) contribution made by local authorities; and
(v) all other sums received for the fund.
(2) A reasonable amount out of the fund established
under sub-section (1) of this Section, shall be allocated
during a financial year for every district adjacent to the
cease fire line for relief of affected persons keeping in
view the total amount of the fund and requirement of the
concerned district.
(3) A reasonable amount against the aforesaid
allocation shall be placed at the disposal of Deputy
Commissioner of a district adjacent to the cease fire line
for immediate provision of relief to the affected persons
keeping in view the genuine requirement.
4. Addition of Section 3-A, Act XXIV of 1992.- In the said Act,
after Section 3, following new Section 3-A, shall be added:-
113
“3-A. Special Development Package for Cease Fire Line
Areas.- (1) The Government shall provide health
facilities, clean water, education, road communication,
electricity and such other facilities as deemed necessary
and expedient, under special development package
through relevant department to be known as “LoC Relief
Measures Package” for uplift of civil population of cease
fire line areas which shall be notified by the
Government.
(2) The Government may constitute a committee for
carrying out the purposes of this Act.
5. Amendment of Section 5, Act XXIV of 1992.- In the said Act,
in Section 5, clause (ii) shall be substituted as under:-
“(ii) The amount of relief which can be granted to for loss of
human life or injury or damage to moveable or immovable
property for perishing of livestock or other useful animals
shall not exceed the rates as specified in the Schedule of
this Act:
Provided that no relief shall be given under this
Act during the open war.”
6. Amendment of the Schedule, Act XXIV of 1992.- In the said
Act, the Schedule shall be substituted as under:-
114
Schedule
[See Section 5]
Sr. No. Kind of loss Amount of relief (in
rupees)
1. Loss of human life 10,00,000/-
2. Permanent disability 8,00,000/-
3. Grievous injury 3,00,000/-
4. Minor/simple injury 50,000/-
5. House (completely damaged) 1,00,000/-
6. House (partially damaged) 60,000/-
7. Shop (completely damaged) 50,000/-
8. Shop (partially damaged) 30,000/-
9. Heavy vehicles (Bus/Truck) 1,00,000/-
completely damaged
10. Light vehicles (Coaster, 50,000/-
Wagon, Jeep, Car etc.)
11. Shelter (completely damaged) 50,000/-
12. Camel 90,000/-
13. Buffalo/Cow/Horse 1,00,000/-
14. Mule/Donkey 40,000/-
15. Sheep/Goat 15,000/-
16. House hold accessories 50,000/-
(completely damaged)
17. Tenant-shopkeeper’s business 50,000/-
goods (completely damaged)
Sd/-
(Gulfraz Ahmed Khan)
115
Dated: 21st June, 2019
(ACT XIII OF 2019)
An
Act
to amend the University of Kotli Azad Jammu and Kashmir Act, 2014
WHEREAS it is expedient to amend the University of Kotli
Azad Jammu and Kashmir Act, 2014 (Act IX of 2014), for the purposes
the University of Kotli Azad Jammu and Kashmir (Amendment)
Act, 2019.
2. Amendment of Section 16, Act IX of 2014.- In the University
of Kotli Azad Jammu and Kashmir Act, 2014 (Act IX of 2014),
clause (c) of sub-section (1), of Section 16 shall be omitted.
Sd/-
116

(ACT XIV OF 2019)
An
Act
to provide a law for terms and conditions of the Members of the Azad
Jammu and Kashmir Election Commission
WHEREAS, it is expedient to provide a law for terms and
conditions of members of the Azad Jammu and Kashmir Election
Commission for the purposes hereinafter appearing;
called the Azad Jammu and Kashmir Members of the Election
Commission (Terms and Conditions) Act, 2019.
(2) It shall be applicable to the Members of the Election
Commission.
have been taken effect from the 2nd October, 2018.
(a) “Government” means the Azad Government of the
(b) “President” means the President of Azad Jammu
and Kashmir; and
(c) “Members” means a Member of the Election
Commission, appointed under sub-Article (6) of
Article 50 of the Azad Jammu and Kashmir Interim
Constitution, 1974.
3. Pay, Allowances, etc.- (1) A Member shall be entitled for the
following pay, allowances and other privileges:-
(i) Remuneration Rs. 300,000/-
117
(ii) House Rent Rs. 50,000/-
(iii) Transport 1600cc car
(iv) Diesel/ Petrol As admissible to Secretary to the
Government
(v) Telephone -do-
(vi) DA/TA -do-
(2) A Member appointed shall be deemed to have accepted
the above terms and conditions and shall not be eligible for any
enhancement or different terms and conditions.
(3) These terms and conditions shall be applicable from the
date of appointment.
4. Age.- No person shall be appointed as a member who is more
than 1[sixty six] years of age:
Provided that this condition shall not be applicable to a
Member appointed prior to enforcement of this Act.
Sd/-
1 In Section 4 for the words “Sixty five” the words “Sixty six” has been subs. by the AJ&K Members of Election
Commission (Terms & Conditions) (Amdt.) Act, 2020. (Act XXXI of 2020) dt.3-12-2020.
118

(ACT XV OF 2019)
An
Act
further to amend the Azad Jammu and Kashmir Family Courts Act, 1993
WHEREAS, it is expedient further to amend the Family Courts
Act, 1993 (Act XI of 1994), in the manner hereinafter appearing;
called the Azad Jammu and Kashmir Family Courts
2. Amendment of Schedule, Act XI of 1994.- In the Azad Jammu
and Kashmir Family Courts Act, 1993 (Act XI of 1994), in the
schedule, following amendments shall be made:-
(i) For the entry No. 3, the following shall be substituted,-
“3. Maintenance, including the maintenance of
dependent parents.”
(ii) After entry No.6 at the end a new entry No.7 shall
be added as under:-
“7. Custody of children in pursuance of Hague
Convention of 25th October, 1980 on the civil
aspects of International child abduction.”
Sd/-
119

(ACT XVI OF 2019)
An
Act
to repeal the Federal Public Service Commission Ordinance, 1977
WHEREAS, it is expedient to repeal the Federal Public Service
Commission Ordinance, 1977 (XXV of 1977), adopted vide Azad Jammu
and Kashmir Council Public Service Commission (Adaptation and
Validation) Act, 2009 (Act I of 2009), for the purposes hereinafter
appearing;
called the Federal Public Service Commission (Repeal) Act,
2019.
2. Repeal of Federal Public Service Commission Ordinance,
1977 (XXV of 1977).- The Federal Public Service Commission
Ordinance, 1977 (XXV of 1977), adopted vide Azad Jammu and
Kashmir Council Public Service Commission (Adaptation and
Validation) Act, 2009 (Act I of 2009) is hereby repealed.
3. Application of Azad Jammu and Kashmir Public Service
Commission, Act, 1986.- Appointments in B-16 and above in
departments, secretariat or any statutory body or institution or
organizations, which have been transferred or shifted to Azad
Government of the State of Jammu and Kashmir under the
Amendment) Act, 2018 shall be made on the recommendations
of Azad Jammu and Kashmir Public Service Commission
constituted under Article 48 of the Azad Jammu and Kashmir
Interim Constitution, 1974.
4. Savings and Validation.- All actions taken, recommendations
made, power exercised, etc., under the repealed Act shall be
120
deemed to have been validly taken, made, exercised under the

repealed Act.
Sd/-
121
(ACT XVII OF 2019)
An
Act
Procedure, 1898
WHEREAS it is expedient further to amend the Azad Penal
1898 (Act V of 1898), as adopted and enforced in Azad Jammu and
Kashmir, for the purposes hereinafter appearing;
the Criminal Law (Amendment) Act, 2019.
2. Addition of a new Chapter XVII-A, Act XLV of 1860.- In the
Azad Penal Code, 1860 (Act XLV of 1860), as adopted and
enforced in Azad Jammu and Kashmir, after Chapter XVII, the
following new chapter shall be added, namely:-
“CHAPTER XVII-A
OF OFFENCES RELATING TO ELECTRICITY
462-A. Definitions.-In this Chapter, unless there is anything
repugnant in the subject or context,-
(a) “Court” means the court of sessions designated
as Electricity Utilities Court empowered to take
cognizance of an offence under this Chapter;
(b) “Consumer” means a person or his successor
in interest who purchases or receives electric
power for consumption and not for delivery
or resale to other, including a person who
owns or occupies a premises where electric
power is supplied;
122
(c) “Distribution” means the ownership,

operation, management or control of
distribution facilities for the movement or
delivery or sale to consumers of electric
power but shall not include the ownership,
operation, management and control of
distribution facilities located on private
property and used solely to move or deliver
electric power to the person owning,
operating, managing and controlling those
facilities or to tenants thereof;
(d) “Distribution Facilities” means electrical
facilities operating at the distribution voltage
and used for the movement or delivery of
electric power;
(e) “Electric Meter” means an instrument which
measures electricity delivered to the
consumer for consumption including
kilowatt meter, kilowatt hour meter; kilowatt
ampere hour meter, kilowatt ampere reactive
hour meter, current transformers, potential
transformers, maximum demand indicator or
any other measuring apparatus;
(f) “Electric Supply-line” means a wire,
conductor or other means used for
conveying, transmitting, or distributing
energy together with any casing, coating,
covering, tube, pipe or insulator, enclosing,
surrounding or supporting the same or any
part thereof, or any apparatus connected
therewith for the purpose of so conveying,
transmitting or distributing such energy;
(g) “Electric Power” means electrical energy or
the capacity for the production of electrical
power;
(h) “Electric Power Services” means the
generation, transmission or distribution of
electric power and all other services
incidental thereto;
123
(i) “Energy” means electrical energy when
generated, transmitted, distributed, supplied
or used for any purpose;
(j) “Government” means the Azad Government
of the State of Jammu and Kashmir;
(k) “Licencee” means a holder of a licence;
(l) “Person” includes any individual or any
company, firm or corporation whether
incorporated or not, or public servant or an
employee of any company, licencee or
electric power utility;
(m) “Service Line” means any electric supply-line
through which energy is, or is intended to be
supplied by a Licencee,-
(n) to a single consumer either from a
distributing main or immediately from the
licencee’s premises; or
(o) from a distributing main to a group of
consumers on the same premises or on
adjoining premises supplied from the same
point of the distributing main;
(p) “Tampering” or “Tamper” includes
interfering or creating hindrance in flow or
metering of electric power by unauthorized
entry of access into metering system or
transmission and distribution lines either by
breaking the seals or damaging or
destructing the same or in any manner
interfering with the electric meter or
transmission line or distribution line or
interfering with its original condition;
(q) “Tariff” means the rates, charges, terms and
conditions for generation of electric power,
transmission, inter-connection, distribution
services and sales of electric power to
consumer’s by a licencee;
(r) “Transmission” means the ownership,
124
operation, management or control of

transmission facilities;
(s) “Transmission Facilities” means electrical
transmission facilities including electrical
circuits, transformers and sub-stations
operating at or above the minimum
transmission voltage; and
(t) “Works” includes electric supply-lines and
any buildings, machinery or apparatus
required to supply energy.
462-B. Abstraction or Tampering etc., with Transmission.-
(1) Any person who,-
(a) dishonestly taps, makes or causes to be made
any connection with overhead, underground or
under water lines or cables, or Services Lines,
electric supply-line or Transmission Facilities of
a Licencee for Transmission of Electric Power
Services, or any other related system and
equipment, as the case may be, so as to abstract,
use or consume electricity without passing
through the Electric Meter is said to cause
abstraction; or
(b) willfully Tampers or attempts to Tamper with
Service Line, electric supply-line or
Transmission Facilities for Transmission of
Electric Power, is said to cause Tampering.
(2) Any person who causes or abets in causing
abstraction or commits or abet in committing Tampering
with Transmission of Electric Power for the purpose of,-
(a) theft of Electric Power; or
(b) theft of transformer; or
(c) disrupting supply of Electric Power; or
(d) illegal Transmission of Electric Power Services,
shall be punishable with rigorous imprisonment
which may extend to three years or with fine
which may extend to three million rupees or with
both.
125
462-C. Abstraction or tempering etc., with distribution or
auxiliary.- (1) Any person who,-
(a) dishonestly taps, makes or causes to be made
any connection with overhead, underground or
under water lines or cables, or Services Lines,
electric supply-line or Distribution Facilities of a
Licencee for distribution of Electric Power
Services, so as to abstract, use or consume
electricity without passing through the Electric
Meter is said to cause abstraction; or
(b) willfully tampers or attempts to tamper with
service line, Electric Supply-line or Distribution
Facilities for Distribution of Electric Power
Services or any other related system and
equipment, as the case may be, for Distribution
of Electric Power Services is said to cause
tempering with auxiliary or Distribution of
Electric Power.
(2) Any person who causes or abets in
causing abstraction or commits or abets in
committing Tampering with Distribution of
Electric Power for the purposes of,-
(a) theft of Electric Power; or
(b) disrupting supply of Electric Power; or
(c) illegal distribution of Electric Power Services,
shall be punishable with rigorous imprisonment
which may extend to three years or with fine
which may extend to one million rupees or with
both.
462-D. Interference, improper use or tampering with
electric meter by domestic consumer, etc.-Any
person being the domestic consumer who,-
(a) unauthorizedly connects any electric
meter with any electric line through
which electricity is supplied by a
Licencee or disconnects the same
from any such Electric Line without
the consent of the Licencee; or
(b) unauthorizedly reconnects any Electric
126
Meter with any Electric Line or other

works being the property of a Licencee
when the said Electric Line or other
works has or have been cut or
disconnected without the consent of the
Licencee; or
(c) Tampers with an electric meter,
install or uses a Tampered Electric
Meter, current reversing transformer,
loop connection or any other device
or method, contrivance or artificial
means which interferes with accurate
or proper registration, calibration or
metering of electric current or
otherwise results in a manner where
by electricity is stolen or wasted; or
(d) uses the Energy supplied by a licencee
under one method of tariff in a manner
for which higher tariff is in force; or
(e) uses energy supplied by the Licencee in
a manner prejudicial to the safety or
efficient working of the Electric Supply-
line or deals with it in a manner so as to
interfere with efficient supply of Energy
to other consumers, or persons; or
(f) abets in the commission or any of the
acts mentioned in clauses (a) to (e),-
in order to commit theft of electric
power, or dishonestly abstract,
consume or use electric power or
unauthorized distribution or supply
of Electric Power shall be punishable
with imprisonment for a term which
may be extend to one year or with
fine which may extend to fifty
thousand rupees or with both.
462-E. Interference, improper use or Tampering
with Electric Meter by industrial or
commercial consumer, etc.-Any person being
industrial or commercial consumer who,-
127
meter with any electric line through
licencee or disconnects the same
from any such electric line without
(b) unauthorizedly reconnects any
Electric Meter with any Electric Line
or other works being the property of
a Licencee when the said-electric
line or other works has or have been
cut or disconnected without the
consent of the Licencee; or
(c) Tampers with an Electric Meter,
installs or uses a tampered meter,
current reversing transformer, loop
connection or any other device or
method, contrivance or artificial
otherwise results in a manner
whereby electricity is stolen or
wasted; or
(d) uses the Energy supplied by a Licencee
under one method of tariff in a manner
for which higher tariff is in force; or
(e) lays, or causes to be laid, or connects
up any works for the purpose of
communicating with any other works
belonging to a licencee without
consent; or
(f) uses energy supplied by a Licencee in a
manner prejudicial to the safety or
line or deals with it in a manner so as to
to other consumers, persons; or
(g) abets in the commission of any of the
128
acts mentioned in clauses (a) to (f),

in order to commit theft of Electric
Power, or dishonestly abstract, consume
or use Electric Power or unauthorized
distribution or supply of electric power
shall be punished with imprisonment
which may extend to three years or with
fine which may extend to five million
rupees or with both.
462-F. Interference, improper use or Tempering
with Electric Meter by agricultural consumer,
etc.-Any person being agricultural consumer
who,-
meter with any Electric Line through
Licencee or disconnects the same
from any such Electric Line without
(b) unauthorizedly reconnects any
Electric Meter with any Electric Line
or other works being the property of
a Licencee when the said Electric
Line or other works has or have been
cut or disconnected without the
consent of the Licencee; or
(c) Tampers with an Electric Meter,
install or uses a tampered meter,
current reversing Transformer, loop
connection or any other device or
method, contrivance or artificial
otherwise results in a manner
whereby electricity is stolen or
wasted; or
(d) uses the energy supplied by a Licencee
under one method of Tariff in a manner
for which higher Tariff is in force; or
129
(e) lays, or causes to be laid, or connects up
any works for the purpose of
communicating with any other works
belonging to a licencee without consent;
or
(f) uses energy supplied by a Licencee in a
manner prejudicial to the safety or
line or deals with in a manner so as to
to other consumers, persons; or
(g) abets in the commission of any of the act
mentioned in clauses (a) to (f),
in order to commit theft of electric
power, or dishonestly abstract, consume
or use Electric Power or unauthorized
distribution or supply of Electric Power
shall be punished with imprisonment
which may extend to one year or with
fine which may extend to one million
462-G. Damaging or destroying or destructing the
transmission lines, distribution lines, electric
meter etc.-Any person who damages, destroys
or destruct any Transmission lines, distribution
lines, Electric Meter, apparatus, equipment, or
wire or causes or allows any of them to be so
damaged, destroyed or destructed by an act of
subversion by explosive material or in any other
manner so as to disrupt the supply of Electric
Power Services or maliciously causes Electric
Power Services to be wasted or diverted or cuts
off or injures or attempts to cut off or injure any
Transmission Line or distribution line or a
Service Line or Electric Supply line shall be
punished with rigorous imprisonment which may
extend to five years and with fine which shall
not be less than five million rupees.
462-H. Recovery of outstanding amounts from
persons involved in offences under Section
462-B to 462-G.- Any person who has
committed an offence under Section 462-B to
130
462-G shall also be liable to pay an amount

equivalent to the financial loss caused to the
Government or the distribution companies
concerned and any such outstanding amount of
penalties or fines imposed under this Chapter
shall be recoverable as arrears of land revenue.
462-I. Cognizance.- (1) The Court shall try an offence
punishable under this Chapter.
(2) Notwithstanding anything contained in
the Code of Criminal Procedure, 1898 or any
other law for the time being in force, the Court
shall not take cognizance of an offence under
this Chapter except on a complaint made, with
reasons to be recorded in writing along with full
particulars of the offence committed under this
Chapter, by XEN of the concerned Division or
the distribution company, as the case may be.
462-J. Overriding effect.- The provisions of this
Chapter shall have effect notwithstanding
anything contained in any other law for the use
being in force”.
3. Amendment of Schedule II, Act V of 1898.- In the Code of
Criminal Procedure, 1898 (Act V of 1898),-
(a) in Schedule-Il, in column I, after Section 462 and
the corresponding entries relating thereto to in
columns, 1,2,3,4,5,6,7 and 8, the following shall be
inserted, namely:-
131
CHAPTER XVII-A
OF OFFENCE RELATING TO ELECTRICITY
462-B Abstraction or May arrest A warrant shall Not bail- Not Rigorous imprisonment Court of
tampering etc., with without not ordinarily able compound which may extend to three Session
transmission warrant issued in the first able years or with fine which designated as
instance may extend to three Electricity
million rupees or with Utilities Court
both
462-C Abstraction or tampering Ditto Ditto Ditto Ditto Rigorous imprisonment Ditto
etc., with distribution or which may extend to three
auxiliary years or with fine which
may extend to one million
rupees or with both
462-D Interference, improper Ditto Ditto Ditto Ditto Imprisonment for a term Ditto
use or tempering with which may extend to one
electric meter by year or with fine which
domestic consumer, etc. may extend to fifty
thousand rupees or with
both
462-E Interference, improper Ditto Ditto Ditto Ditto Imprisonment which may Ditto
use or tempering with extend to three years or
electric meter by with fine which may
industrial or commercial extend to five million
consumer etc. rupees or with both
132
462-F Interference, improper Ditto Ditto Ditto Ditto Imprisonment which may Ditto
use or tempering with extend to one year or with
electric meter by fine which may extend to
agricultural consumer one million rupees or with
etc. both.
462-G Damaging or destroying Ditto Ditto Ditto Ditto Rigorous Imprisonment Ditto
or destructing the which may extend to five
transmission lines, years and with fine which
distribution lines, shall not be less than five
electric meter etc. million rupees
Sd/-
133

(ACT XVIII OF 2019)
An
Act
Kashmir and to consolidate and amend certain fiscal laws for the
2. Adaptation of the Amendments in Income Tax Ordinance,
2001 (Ordinance XLIX of 2001).-(1) In the Income Tax
Ordinance, 2001 (XLIX of 2001), as adapted and enforced in
Ordinance, except otherwise legislated by an Act of the
Assembly, all the amendments made in the said Ordinance and
all rules, notifications, circulars and orders made or issued
thereunder, as enforced in Pakistan, at any time on or after the
16th day of March, 2019 and before the commencement of this
Act, shall also, as far as practicable, be deemed to have been so
made, at the same time, in the said Ordinance, as enforced in the
Azad Jammu and Kashmir by virtue of the Income Tax
(Adaptation, Enforcement and Validation) Act, 2002 (Act IV of
2002) subject to the modifications that the reference in the said
Ordinance to “Pakistan”, “Federal Government”, and “Federal
Board of Revenue or FBR”, shall respectively be construed to
refer to “Azad Jammu and Kashmir”, “the Azad Government of
the State of Jammu and Kashmir”, and “Azad Jammu and
Kashmir Central Board of Revenue”.
134
(2) Notwithstanding any judgment or decision of any court,
on or after the 16th day of March, 2019, in accordance with the
amendments made in the said Ordinance, as enforced in Pakistan,
shall be deemed always to have been validly done, levied,
charged, collected, initiated, issued, passed, imposed, exercised
or conferred and so much of such tax have not been levied,
3. Adaptation of the Amendments in Sales Tax Act, 1990 (Act
VII of 1990).-(1) In the Sales Tax Act, 1990 (Act VII of 1990),
as adapted and enforced in Azad Jammu and Kashmir,
by an Act of the Assembly, all the amendments, except in
Sections 2(33), 2(43), 3(3A), 7(3), 8(6), 37(13) and 67A (12),
made in the said Act and all rules, notifications, circulars and
orders made or issued thereunder, as enforced in Pakistan, at any
time on or after the 16th day of March, 2019 and before the
commencement of this Act, shall also, as far as practicable, be
deemed to have been made, at the same time, in the said Act, as
enforced in the Azad Jammu and Kashmir by virtue of the Sales
Tax (Adaptation) Act, 1993 (Act IV of 1993) with the following
modifications, namely:-
(i) The existing clause (22A) of Section 2 of the said Act
shall be substituted with the following, namely:-
“(22A) “Provincial Sales Tax”, for the purposes of
input tax, means tax levied under:-
(a) The Islamabad Capital Territory (Tax on
Services) Ordinance, 2001 (XLII of 2001);
(b) The Khyber Pakhtunkhwa Finance Act, 2013
(Act No XXI of 2013);
(c) The Balochistan Sales Tax on Services Act,
2015 (Act No.VI of 2015);
(d) The Sindh Sales Tax on Services Act, 2011
(Sindh Act No.XII of 2011);
(e) The Punjab Sales Tax on Services Act, 2012
(Punjab Act No.XLII of 2012); and
135
(f) The Azad Jammu and Kashmir Sales Tax (Tax

on Services) Act, 2001 (Act XXIV of 2001).”
(ii) The Table under Tenth Schedule shall be as under:
TABLE
Region or area Tax Payable per month
Azad Jammu and Kashmir Rs.7,500/-

on or after the 16th day of March, 2019 in accordance with the
amendments.
4. Adaptation of the amendments in Federal Excise Act, 2005.-
the amendments, except in Sections 2(23a), 7(2) and 22(13),
other orders made or issued there under, as enforced in Pakistan,
at any time on or after the 16th day of March, 2019, and before
the commencement of this Act, shall also, as far as practicable,
be deemed to have been made, at the same time, in the said Act,
as enforced in the Azad Jammu and Kashmir by virtue of the
Azad Jammu and Kashmir Finance Act, 2005 (Act VIII of 2005).
on or after the 16th day of March, 2019, in accordance with the
136
Services) Act, 2001 (Act XXIV of 2001).-(1) In the Azad
Jammu and Kashmir Sales Tax (Tax on Services) Act, 2001
(XXIV of 2001), in the Schedule, following amendments shall be
made, namely:-
(i) In the Schedule, against Serial Number 41, for the words
“eighteen and a half”, the word “seventeen” shall be
substituted.
(ii) after Serial Number 44 and entries relating thereto in
columns (2), (3) and (4), the following new serial
numbers 45 to 61 and corresponding entries in columns
(2), (3) and (4) shall be added, namely:-
45 Advertisement on 9802.9000 Sixteen percent

hoarding boards, pole
signs and signboards, and
websites or internet
46 Services provided by 9814.4000 Sixteen percent
landscape designers
47 Sponsorship services 9805.9100 Sixteen percent
48 Services provided or - - Sixteen percent
rendered for purchase or
sale or hire of immovable
property
49 Services provided or 9815.2000 Sixteen percent
rendered by legal
practitioners and
consultants
50 Services provided by 9815.3000 Sixteen percent
accountants and auditors
51 Service provided or 9819.1000, Sixteen percent
rendered by 9819.2000,
Stockbrokers, future 9819.5000,
brokers and commodity
9819.7000,
brokers, money
exchanger, surveyors, 9819.8000,
outdoor photographers, 9819.9100,
event photographers, 9819.9500
137
videographers, art and

painters, auctioneers 9819.9090
(excluding value of
goods) and registrar to an
issue
52 Services provided by race - - Sixteen percent
clubs:
Entry/admission and
other services
53 Services provided or 9815.9000 Sixteen percent
rendered by corporate
law consultants
54 Visa processing services, -- Sixteen percent
including advisory or
consultancy services for
migration or visa
application filing services
55 Debt collection services -- Sixteen percent
and other debt recovery
services
56 Supply chain -- Sixteen percent
management or
distribution (including
delivery) services
57 Services provided or -- Sixteen percent
rendered by persons
engaged in intercity
transportation or carriage
of goods by road or
through pipeline or
conduit
58 Ready mix concrete -- Sixteen percent
services
59 Public relations services -- Sixteen percent
60 Training or coaching -- Sixteen percent
services other than
education services
61 Cleaning services 9822.2000, Sixteen percent
including janitorial 9822.3000,
services, collection of and
waste and processing of 9822.9000
domestic waste
138
6. Amendments in Azad Jammu and Kashmir Education Cess
Act, 1975 (Act IV of 1975).-In the Azad Jammu and Kashmir
Education Cess Act, 1975 (Act IV of 1975), in Section 2,
subsection (2) shall be substituted as under, namely:-
“(2) Cess on Road Toll.- The vehicles specified hereunder
passing through Toll Gates or Stations shall pay Education Cess
at the rates given below:-
Type of Vehicle Rate of Cess per
Vehicle per trip each
way
I Public Carriers
a. Vehicles with seating Rs.5/-
capacity up to 35 seats
b. Vehicles with seating Rs.10/-
capacity more than 35
seats
II For Goods Carriers Rs.15/-”
7. Amendment in Azad Jammu and Kashmir Finance Act, 1991
(Act I of 1991).-In the Azad Jammu and Kashmir Finance Act,
1991 (Act I of 1991), hereinafter referred to as the said Act, in
Section 6, in clause (f) of subsection (1), for the expression
“Rs.2/ per trip”, the expression “Rs. 5/ per trip each way” shall
be substituted.
8. Amendment in West Pakistan Motor Vehicle Taxation Act,
1958 (Act XXXII of 1958).- (1) In the West Pakistan Motor
Vehicle Taxation Act, 1958 (Act XXXII of 1958), as adapted
and enforced in Azad Jammu and Kashmir, the existing Schedule
“SCHEDULE
[See Section 3]
Sr. No. Description of Motor Vehicles Annual Rates
of Tax
1. (1) (a) Motor Cycle and Scooters Rs.1500/- once for
all at the time of
registration
(b) Motor Cycle drawing a side Rs.1800/- once for
trailer or cabin all at the time of
registration
139
(2) Vehicles (including tricycles)

used for the transport or haulage
or goods or materials weighing
more than 410 kg in unladen
weight:-
(a) Electrically propelled Rs.600/-
vehicles not exceeding 1250
kg unladen weight
(b) Vehicles with maximum Rs.600/-
laden capacity not
exceeding 2030 kg
(Including delivery vans)
(c) Vehicles with maximum Rs.850/-
laden capacity exceeding
2030 kg but not exceeding
4060 kg
(d) Vehicles with maximum Rs.1450/-
6090 kg
(e) Vehicles with maximum Rs.2050/-
8120 kg
(f) Vehicles with maximum Rs.2400/-
8120 but not exceeding
12000 kg
(g) Vehicles with long trailers Rs.3600/-
or other vehicles with
maximum laden capacity
exceeding 12000 but not
exceeding 16000 kg
(h) Vehicles with long trailers Rs.4800/-
or other vehicles with
maximum laden capacity
exceeding 16000 kg
2. (1) Vehicles plying for hire and
ordinarily used for the transport
of passengers (taxies/buses):-
(a) Tricycles propelled by Rs. 520/-
140
mechanical power
(Rickshaw cabs) with
seating capacity of not more
than 3 persons
(b) Tricycles propelled by Rs. 520/-
mechanical power (Motor
Cycle Rickshaw with
seating capacity of not more
than 6 persons):-
(2) Mini buses with seating capacity Rs. 180/- per seat
of more than 6 persons and less per annum
than 20 persons plying for hire
exclusively within the limits of
Corporation, Municipality or
Cantonment
(3) Other vehicles with seating
capacity of:-
(a) Not more than 6 persons
(motor cabs):-
(i) Not exceeding 1000CC Rs. 720/-
(ii)Exceeding 1000CC but Rs. 900/-
not exceeding 1300CC
(iii) Exceeding 1300CC but Rs. 1100/-
(iv) Exceeding 1500CC but Rs. 3250/-
(v) Exceeding 2000CC but Rs. 3250/-
(vi) Exceeding 2500CC Rs. 3250/-
(b) More than 6 Persons:-
(i) Non Air-Conditioned Rs. 180 per seat per
annum
(ii) Air-Conditioned Rs. 300 per seat per
annum
(4) Motor vehicles with a seating Rs. 180 per seat per
capacity of more than 20 persons annum
plying for hire exclusively within
the limits of Corporation,
Municipality or Cantonment or
partly within or partly outside
such limits with 60% of the total
length of the route falling within
141
the limits of Corporation,

Municipality or Cantonment
(5) Other vehicles with seating Falls in above
capacity of more than 4 persons category (3)(b)
every additional person that can
thus be seated up to 14 in addition
(6) Other vehicles with seating Falls in above
capacity of more than 14 persons category (3)(b)
for every additional seat
3 (1) Motor Vehicles (Motor Cabs /
Jeeps) other than those mentioned
above having:-
(a) Seating capacity of not Rs.300/-
more than 3 person:
(b) Seating capacity of more
than 3 persons, but not more
than 6 persons:-
(i) With engine power not Rs.600/-
exceeding 1000CC
(ii) With engine power Rs.1200/-
exceeding 1000CC but not
exceeding 1300CC
(iii) With engine power Rs.1800/-
exceeding 1500CC
(iv) With engine power Rs.2400/-
exceeding 2000CC
(v) With engine power Rs.3600/-
exceeding 2500CC
(vi) With engine power Rs.4200/-
exceeding 2500CC
(2) Seating capacity of more than 6
persons:-
(i) Other than Buses and Rs.180/- per seat per
station wagons plying for annum
hire:
(ii) Buses and station wagons Rs.120/- per seat per
not plying for hire: annum”
142
9. Enforcement of the Azad Jammu and Kashmir Assets
Declaration Act, 2019.- In Azad Jammu and Kashmir, matters
pertaining to voluntary declaration of undisclosed assets, sales
and expenditure shall be dealt and regulated in the manners
hereinafter provided:-
“Whereas it is expedient to make provisions for declaration of
such assets, sales and expenditure for the purposes hereinafter
appearing;
And Whereas it is expedient to,-
(a) allow the non-documented economy’s inclusion in the
taxation system; and
(b) serve the purpose of economic revival and growth by
encouraging a tax compliant economy;
1. Short title, Extent and Commencement.- (1) This Act
shall be called the Azad Jammu and Kashmir Assets
Declaration Act, 2019.
Kashmir.
2. Definitions.- (1) In this Act, unless there is anything
(a) “Assets” means all domestic assets (existing in
Pakistan and Azad Jammu and Kashmir) and
foreign assets(existing outside Pakistan) of every
kind;
(b) Benami Property means any property which is
subject matter of benami transaction and also
includes the proceeds from such property;
(c) “Benamidar” means a person or a fictitious
person, as the case may be, in whose name the
benami property is transferred or held and
includes a person who lends his name;
(d) “Board” shall have the same meaning as defined
in sub-section (8) of Section 2 of the Income
Tax Ordinance, 2001 (XLIX of 2001) as adopted
and enforced in Azad Jammu and Kashmir;
(e) “Court of law” means a High Court or Supreme
Court of Azad Jammu and Kashmir;
143
(f) “Declarant” means a person making a

declaration under this Act;
(g) “Holder of Public Office” means a person as
defined in the Azad Jammu and Kashmir
Voluntary Declaration of Domestic Assets
Ordinance, 2018 or his benamidar or spouse and
dependents;
(h) “Undisclosed Assets” includes benami assets
and any asset the value of which has been
unreported, under-reported or understated;
(i) “Undisclosed Expenditure” means any
unexplained or unaccounted expenditure under
the provisions of the Income Tax Ordinance,
2001 (XLIX of 2001) as adopted and enforced in
Azad Jammu and Kashmir up to the tax year
2018, which has not been declared in the return
of income or for which a return of income has
not been filed and such expenditure is not
accounted for;
(j) “Undisclosed Sales” means sales or supplies
chargeable to sales tax or federal excise duty
under the Sales Tax Act, 1990 or the Federal
Excise Act, 2005, as adopted in Azad Jammu
and Kashmir, respectively, which were not
declared or have been under-declared up to 30th
June, 2018.
(2) All other words and expressions used but not
defined in this Act shall have the same meaning assigned
thereto under the Income Tax Ordinance, 2001 (XLIX of
2001), the Sales Tax Act, 1990, the Federal Excise Act,
2005, and the rules made there under.
3. Declaration of undisclosed assets, sales and
expenditure.-
Subject to the provisions of this Act, any person may
make, on or before 30th June, 2019 in case of foreign
assets and in other cases on or before 31st July, 2019, a
declaration only in respect of any—
(a) undisclosed assets, held in Pakistan, Azad
Jammu and Kashmir and abroad, acquired up to
30th June, 2018;
144
(b) undisclosed sales made up to 30th June, 2018;
(c) undisclosed expenditure incurred up to 30th
June, 2018; or
(d) benami assets acquired or held on or before the
date of declaration;
Explanation:- It is clarified that the benefit under this
Act shall also be available where--
(i) any proceedings have been initiated or are
pending or where any income has been assessed
under the Income Tax Ordinance, 2001 (XLIX
of 2001), which are relatable to undisclosed
assets or expenditure except where the matter
has attained finality;
(ii) any proceedings have been initiated or are
pending or have been adjudicated under the
Sales Tax Act, 1990, or the Federal Excise Act,
2005, which are relatable to any undisclosed
sales or supplies except where the matter has
attained finality.
4. Charge of tax and default surcharge.- (1) The
undisclosed assets shall be chargeable to tax and default
surcharge at the value mentioned in Section 5 and at the
rates specified in the Schedule to this Act.
(2) The undisclosed sales and expenditures shall be
chargeable to tax and default surcharge at the rates
specified in the Schedule to this Act.
5. Value of Assets.-Value of assets,-
(a) in case of domestic immovable properties shall be
the price not less than—
(i) 150% of the Board value notified under
sub-section (4) of Section 68 of the
Income Tax Ordinance, 2001(XLIX of
2001); or
(ii) 150% of the DC value, where Board value
has not been notified or the Board value is
less than the DC value; or
(iii) 150% of Board value notified under sub-
section (4) of Section 68 of the Income
Tax Ordinance, 2001 (XLIX of 2001) for
145
land and 150% of DC value for

constructed property, where Board value
has not been notified for constructed
property; and
(b) in case of all other assets, shall be the price which
the assets would ordinarily fetch on sale in the
open market on the date of declaration but in no
case shall be less than the cost of acquisition of
the Asset:
Provided that in case of foreign assets,
the fair market value shall be determined at the
exchange rate prevalent on the date of
declaration.
Explanation:- It is clarified as follows,-
(a) in case any Declarant has already filed a
declaration in respect of any immovable
property under the Income Tax Ordinance,
2001, or the Azad Jammu & Kashmir
Voluntary Declaration of Domestic Assets
Ordinance, 2018 and wishes to enhance the
declared value of the said immovable
property, he may file a declaration under this
Act in terms of the value mentioned in
Section 5 and above;
(b) in case a person has already filed a declaration in
respect of any immovable property which is in
line with Section 68 of the Income Tax
Ordinance, 2001, or the AJ&K Voluntary
Declaration of Domestic Assets Ordinance, 2018
no further proceedings or action will be initiated
against him in view of the provisions of this Act,
in particular Section 5 thereof.
6. Time for payment of tax.- (1) The due date for payment
of tax chargeable under this Act shall be on or before
30th June, 2019 in case of Foreign Assets and on and
before 31st July, 2019 in other cases:
Provided that after the due date under this sub-
section, the tax shall be paid on or before the 30 th June,
2020 for Foreign Assets and on or before the 31stJuly,
2020 for all Domestic cases along with default surcharge
146
at the rates given in Table 1 & 2 of clause (2) of the
Schedule to this Act.
(2) The tax in respect of foreign assets or foreign
currency held in Pakistan or Azad Jammu and Kashmir
shall be paid in foreign currency according to the
procedure prescribed by the State Bank of Pakistan, in
the mode and manner provided in Section 9.
(3) If a person fails to pay tax and default surcharge
according to this Section, the declaration made shall be
void and shall be deemed to have never been made under
this Act.
(4) Notwithstanding the provisions of clause (g) of
Section 11, in case of outstanding demand at the time of
filing of declaration, the Declarant may pay the amount
of such tax determined by the Officer of Inland Revenue,
under the provisions of the Sales Tax Act, 1990 or the
Income Tax Ordinance, 2001 (XLIX of 2001), or the
Federal Excise Act, 2005, without payment of default
surcharge and penalty.
7. Incorporation in books of account.- (1) Where a
Declarant has paid tax under Section 6 in respect of
Undisclosed Assets, sales and expenditure, the Declarant
shall be entitled to incorporate such assets, sales or
expenditure in his return, wealth statement or financial
statement irrespective of the fact that the Assets, sales or
expenditure were relatable to a year which is barred by
time for the purpose of revision of return of income or
wealth statement, as the case may be.
(2) No allowance, credit or deduction under any law
for the time being in force shall be available for Assets
so incorporated.
8. Conditions for declaration.- The declaration made shall
be valid if,-
(a) the foreign currency held in Pakistan or Azad
Jammu and Kashmir declared under Section 3 is
deposited into Declarant’s own foreign currency
bank account at the time of declaration and is
retained in such account till 31st July, 2019; or
(b) the repatriated foreign liquid asset is deposited into
Declarant’s own Pak-Rupee account or his foreign
currency bank account in Pakistan or Azad Jammu
147
and Kashmir or is invested into Pakistan Banao

Certificates or any foreign currency denominated
bonds issued by the Government of Pakistan; or
(c) foreign liquid assets not repatriated to Pakistan or
Azad Jammu and Kashmir shall be deposited in
Declarant’s foreign bank account on or before the
30th June, 2019.
9. Mode and manner of repatriation of assets held
outside Pakistan or Azad Jammu and Kashmir and
payment of tax thereon.- The State Bank of Pakistan
shall notify the mode and manner of,-
(a) repatriation of Assets to Pakistan and Azad
Jammu and Kashmir;
(b) deposit of tax in foreign currency through State
Bank of Pakistan; and
(c) method of conversion of value of Assets held
outside Pakistan and Azad Jammu and Kashmir
in Pak-Rupees.
10. Tax paid not refundable.- Any amount of tax or default
surcharge paid under the provisions of this Act shall not
be refundable.
11. Act not to apply to certain persons, assets or
proceedings.- The provisions of this Act shall not apply
to,-
(a) holders of public office;
(b) a public company as defined under clause (47)
of Section 2 of the Income Tax Ordinance, 2001;
(c) any proceeds or Assets that are involved in or
derived from the commission of a criminal
offence;
(d) gold and precious stones;
(e) bearer prize bonds;
(f) bearer securities, shares, certificates, bonds or
any other bearer assets; or
(g) proceedings pending in any Court of law.
12. Declaration not admissible in evidence.-
Notwithstanding anything contained in any other law for
the time being in force, nothing contained in any
148
declaration made under this Act shall be admissible in
evidence against the Declarant for the purpose of any
proceedings relating to imposition of penalty or adverse
action or for the purposes of prosecution under any law.
13. Misrepresentation.- Notwithstanding anything
contained in this Act, where a declaration has been made
by misrepresentation or suppression of facts, such
declaration shall be void and shall be deemed to have
been never made under this Act.
14. Confidentiality.- (1) Notwithstanding contained in any
other law for the time being in force including sub-
section (3) of Section 216 of the Income Tax Ordinance,
2001 (XLIX of 2001), except the provisions of clauses
(a) and (g) of sub-section (3) of Section 216 of the
Income Tax Ordinance, 2001(XLIX of 2001), particulars
of any person making a declaration under this Act or any
information received in any declaration made under this
Act shall be confidential.
15. Power to make rules.- The Board may by notification in
the official Gazette make rules for carrying out the
purposes of this Act including the manner, procedure,
payment of tax and conditions under which the
declaration under this Act shall be filed.
16. Act to override other laws.- The provisions of this Act
shall have effect notwithstanding anything to the
contrary contained in any other law for the time being in
force.
17. Removal of difficulties.-(1) If any difficulty arises in
giving effect to the provisions of this Act, the Azad
Government of the State of Jammu and Kashmir may, by
notification in the official Gazette, remove such
difficulty as is inconsistent with the provisions of this
Act.
THE SCHEDULE
[See Section 4]
Rates of Tax
(1) The rates of tax imposed on Undisclosed Assets, sales
and expenditures shall be as specified in the following Table,
namely:—
149
Table
S No. Undisclosed assets, sales or expenditure Rate of Tax
(1) (2) (3)
All Assets except Domestic immovable
1. 4%
properties
2. Domestic immovable properties 1.5%
4. Foreign liquid assets not repatriated 6%
5. Unexplained expenditure 4%
6. Undisclosed Sales 2%
Rates of Default Surcharge
(2) The amount of tax under clause (1) of the Schedule shall be
increased by a default surcharge by amount percentage as specified in the
following Tables, namely:—
Table-1 (for Domestic Declarations)
S No. Time of payment of tax Rate of default
surcharge
1. If the tax is paid after the 31st July, 2019 10% of the tax
and on or before the 31st October, 2019 amount
2. If the tax is paid after the 31st October, 20% of the tax
2019 and on or before the 31st January, amount
2020
3. If the tax is paid after the 31st January, 30% of the tax
2020 and on or before the 30th April, 2020 amount
4. If the tax is paid after the 30th April, 2020 40% of the tax
and on or before the 31st July, 2020 amount
150
Table-2 (For Foreign Declarations)
S No. Time of payment of tax Rate of default
surcharge
1. If the tax is paid after the 30th June, 2019 10% of the tax
and on or before the 30th September, 2019 amount
2. If the tax is paid after the 30th September, 20% of the tax
2019 and on or before the 31st December, amount
2019
3. If the tax is paid after the 31st December, 30% of the tax
2019 and on or before the 31st March, 2020 amount
4. If the tax is paid after the 31st March, 2020 40% of the tax
and on or before the 30th June, 2020 amount”
Sd/-
(Rashid Kaleem)
151

Dated: 8th November, 2019
No. LD/Legis-Act/259-270/2019.The following Act of Assembly
received the assent of the President on the 4th day of November 2019, is
(ACT XIX OF 2019)
An
Act
to provide for the establishment of Clinical Laboratories Authority in the
Azad Jammu and Kashmir
WHEREAS laboratories are an essential and fundamental part of
all health care system and laboratory testing results greatly affect critical
decisions concerning well-being of individuals and health security.
AND WHEREAS, at present there is no mechanism for the
registration and licensing of laboratories both in public and private
sector. Most of the laboratories in private sector are being run by the
unqualified persons and un-validated lab results posing great threat to the
well-being and life of patients. Therefore, urgent need of registration and
licensing of laboratories in AJ&K is required, so that the authorized,
well-equipped and qualified staff could only run clinical laboratories;
AND WHEREAS, it is expedient to provide for the
establishment of Clinical Laboratories, and matters connected therewith
or ancillary thereto, in the manner hereinafter appearing;
1. Short title, extent and commencement.- (1) This Act may be
called the Azad Jammu and Kashmir Clinical Laboratories
Regulatory Authority Act, 2019.
(3) It shall come in to force at once.
2. Definitions. In this Act, unless the subject or context otherwise
requires, the following terms shall have the meaning hereby
respectively assigned to them that is to say,-
(a) “Accreditation” means the process of officially
recognizing registering, categorizing, and licensing a
Clinical Laboratory as per minimum standards laid down
in Section 14 of this Act;
152
(b) “Accredited Clinical Laboratory” means a registered
Clinical Laboratory to provide clinical laboratory
services in the Azad Jammu and Kashmir, to a certain
level of professional quality according to its recognized
category;
(c) “Authority” means the Azad Jammu and Kashmir
Clinical Laboratory Regulatory Authority, established
under this Act;
(d) “Clinical Laboratory” means any premises or unit
independent or in a clinical or hospital building where
practice of pathology or one or more of its recognized
disciplines is carried out whether in public or private
sector, but it does not include a unit or premises
independent or in a clinic or hospital building where
practice of other diagnostic disciplines of medicine like
radiology etc., is carried out;
(e) “Department of Pathology” means a specialized unit in
an institution, clinic, or hospital, which is specifically
undertaking the practice of the discipline of pathology or
one of its sub-disciplines;
(f) “Government” means the Azad Government of the
(g) “License” means a license duly issued by the authority
to a Clinical Laboratory established in pursuant to the
provision of this Act, to operate in the Azad Jammu and
Kashmir;
(h) “Medical Practitioner” means a Physician or such other
person who is trained and holds qualifications and is
recognized for the purpose of providing medical care to a
patient by an official body such as the Pakistan Medical
and Dental Council.
(i) “Pathologist” means a qualified physician with
necessary postgraduate qualification recognized by the
Pakistan Medical and Dental Council to practice the
discipline of Pathology;
(j) “Pathology Practice” means the practice of the
discipline of medical science, which reveals with the
analysis, and testing of blood, other body specimens,
human tissues, excrements, body fluids, etc., for the
purpose of diagnosis of disease or medical assessment of
a human being. The main sub disciplines of the subject
153
of Pathology include Histopathology, Chemical

Pathology, Hematology, including Transfusion Medicine
and Microbiology;
(k) “Physician” means a medical graduate holding Bachelor
of Medicine and Bachelor of Surgery or equivalent
qualification recognized by the Pakistan Medical and
Dental Council and it also includes a qualified Dental
Graduate holding Bachelor of Dental Surgery (B.D.S) or
equivalent qualification recognized by the Pakistan
Medical and Dental Council. It also includes
postgraduate doctors in any discipline recognized for
practice of medical science by the Pakistan Medical and
Dental Council;
(l) “Prescribe” means prescribed by rules or regulations
made under this Act;
(m) “Regulations” means regulations made under this Act;
(n) “Rules” mean rules made under this Act;
(o) “Secretary” means the Secretary of the Clinical Lab
Authority; and
(p) “Standards” means the minimum service delivery
standards provided in this Act or as prescribed under this
Act.
3. General Provision.- (1) The aim and objective of the Authority
is to undertake all measures in so far as possible, to ensure
safety, protection, and promotion of human life through,-
(a) a comprehensive, and quality Clinical Laboratory
services in the Azad Jammu and Kashmir both in public
and private sector;
(b) ensuring a perpetual and sustainable development in the
Azad Jammu and Kashmir to attain an internationally
recognized standards for such services; and
(c) regulating the cost fee of these services in such a manner
which is just and equitable as well as affordable for the
public and within the cost justified of the services
provider.
(2) Every Physician, Medical Practitioners, or any other
person qualified to do so, will ensure that the clinical tests
required for medical reasons, are undertaken by a Clinical
154
Laboratory which has been duly licensed, and is accredited under
this Act:
Provided that if a Medical Practitioner found that a
Clinical Laboratory is providing its services without being
registered with the Authority, he shall be responsible to report
the Authority forthwith.
4. Establishment of Authority.- (1) As soon as may be, but not
later than thirty days after commencement of this Act, the
Government shall by Notification in the official gazette, establish
an Authority to be known as the Azad Jammu and Kashmir
Clinical Laboratories Regulatory Authority, comprising of a
Chairman, and other members, as prescribed hereunder:-
(a) the Secretary Health shall be ex-officio Chairman of the
Authority;
(b) the Director Health Services shall be ex-officio Member
of the Authority;
(c) a senior Pathologist shall be Member-cum-Secretary of
the Authority;
(d) two Pathologist from the Specialist cadre in the health
services, shall be members of the Authority.
(e) one member from Teaching Faculty of AJ&K
Government Medical Colleges;
(f) one representative of Clinical Laboratories in private
sector who is qualified Pathologist on honorary basis.
(2) Notwithstanding anything repugnant to the provisions
laid down in sub-section (1), every Pathologist Member of the
Authority shall have at least 10 years of professional experience
to his relevant field.
(3) Every Member of the Authority (except Chairman) shall
be appointed for a renewable period of three years, unless he
resigns or removes from office in the manner provided
hereinafter.
(4) Any proceeding of the Authority shall not be called in
question or declared invalid by reason that any Member is not
present or any person who was not Member took part in the
proceedings only of the existence of a vacancy in, or any defect
in the constitution of the Authority.
(5) The Principal office of the authority shall be at Health
Department Muzaffarabad, and it may establish divisional offices
155
at such other place or places, as the Authority may deem fit or

appropriate.
(6) In case a vacancy, or vacancies occurring vacant due to
any reasons, the Government shall appoint a member on the
recommendations of the Authority.
5. Resignation, Removal of Members.- A Member of the
Authority may by writing under his hand addressed to the
Government, resign from his office, or may be removed from his
office by the Government on the ground of physical or mental
incapacity or on the basis of misconduct under the Removal from
Service (Special Powers) Act, 2001 or any other disciplinary law
for the time being in force.
6. Chairman etc., to be Public Servants.- The Chairman,
members, staff, experts, consultant, advisors, and other
employees of the Authority, when acting or purporting to act in
pursuance of any of the provisions of this Act or rules and
regulations made hereunder, shall be deemed to be public
servants within the meaning of Section 21 of Azad Penal Code,
1860 (Act XLV of 1860).
7. Staff and Advisors, etc.- To carry out the purposes of this Act,
the Authority, in consultation with the Government, may from
time to time, assign additional duties to the officers, staff,
experts, consultants, advisors, and other employees of Health
Department.
8. Meetings of the Authority.- (1) The Secretary of the Authority
shall summon the meeting of the Authority on the direction of
Chairman on such place which he deems fit. There shall be at
least four meetings of the Authority in every year and three
months shall not intervene between the meetings of the
Authority.
(2) The quorum for meetings in which a decision is to be
taken shall be 3/4th of total members of the Authority.
(3) In the absence of Chairman the meetings shall be
presided by the person nominated by the Chairman.
(4) All decisions of the Authority shall be taken by majority
of members present, and in case of a tie, the Presiding Officer
shall exercise a casting vote.
(5) All orders and decisions of the Authority shall be taken
in writing.
156
9. Fund.- There shall be established a separate Fund of the
Authority and all fees and fines shall be credited in the Fund,
which shall be regulated in the prescribed manner.
10. Accounts.- (1) The Authority shall maintain complete and
accurate books of accounts of its actual expenses and receipts.
(2) The Accounts of the Authority shall be audited annually
by the Directorate Audit, Azad Jammu and Kashmir.
11. Power to issue license and grants.- (1) Notwithstanding
anything repugnant to the provisions of this Act, the Authority
shall have powers, to be exercised in the manner prescribed in
the rules, to register, grant, extend, modify, amend, suspend, or
revoke a license in respect of creation, operation, and any other
related matter, of a Clinical Laboratory in the Azad Jammu and
Kashmir:-
Provided that, in case of Clinical Laboratories in the
public as well as private sector, the Authority shall determine
special manner, standards, and conditions for issuance and
operation of license to the public and private sector facilities, to
be prescribed by rules made under this Act, and to ensure that all
receipts of fees are properly documented and audited.
(2) All applications for the grant of any license shall contain
such information and be in such format, as may be prescribed.
(3) A licence issued by the’ Authority shall be subject to
such terms, conditions, restriction, or category, as may be
prescribed. The Authority shall have exclusive powers to grant
Accreditation Status to all clinical laboratories in the Azad
Jammu and Kashmir:
Provided that the Authority shall grant Accreditation
Status to any clinical laboratory on recommendations of
Accreditation Committee constituted under Section 12:
Provided further that, grant of accreditation status to a
clinical laboratory does not allow any practice by such a clinical
laboratory, which would be in contravention to the provisions of
Section 13 and 14.
(4) After commencement of this Act, a grace period of six
calendar months, will be allowed for all Clinical Laboratories to
be registered with and obtain a valid license from the Authority,
after which no clinical laboratory shall work without such licence
in private sector.
157
12. Accreditation Committee.- (1) As soon as may be, but not later
than thirty days, after its being established, the Authority shall
notify an Accreditation Committee comprising of a Chairman,
who shall be a technical member of the Authority and three
members, to be nominated by the Authority.
(2) The Accreditation Committee shall perform such
business as may be prescribed.
13. Power and functions of the Authority.- (1) The Authority shall
have the following powers and functions to be exercised under
this Act:-
(a) act as licensing and registering body for licensing
clinical laboratories at both public and private sector in
the Prescribed manner;
(b) monitor and regulate, fees and charges pertaining to
Clinical Laboratory services both in public and private
sector;
(c) issue a monitor and enforce compliance by licensees
with conditions of their accreditation and license;
(d) Develop, implement and update the lab standards, scope
and guidelines to improve clinical laboratory services;
(e) resolve complaints and other claims against licensees for
contravention of the provisions of this Act or the rules;
(f) resolve problems and other issues to ensure smooth
implementation of this Act, and achievement with
objective for protection of human health;
(g) formulate sub-committees and nominate appropriate
persons as their members to undertake any tasks
consequential to the realization of the health protection
and promotion objectives of this Act;
(h) prescribe a uniform reporting system for professional
services performed by the Clinical Laboratories;
(i) impose fines for contravention of the provisions of this
Act, as Prescribed under the rules;
(j) prescribe and collect license fees and other charges in
respect of any of its functions at such rates, as may be
Prescribed;
(k) safeguard the health interests of the patient and the
public;
158
(l) develop and implement training programmes to improve
Clinical Laboratory Services;
(m) undertake mass awareness and public education Clinical
Laboratory Services programmes for the public and the
medical Professionals;
(n) tender technical advice to the Government and
authorities concerned to improve Clinical Laboratory
Services in the Azad Jammu and Kashmir, and on all
such matters as may be required of it;
(o) exercise all such powers as may be incidental of
consequential to the performance of any of its functions
or the exercise or any of its powers;
(p) undertake any assignment directed by the Government;
and
(q) inspection and monitoring of clinical laboratories either
by the Authority or through the District Health Officer
and a Pathologist in each District and in case of non-
availability of the Pathologist then the person nominated
by the Authority;
(r) cancel any license which has been obtained by fraud or
misrepresentation;
(s) suspend any license if repeated cases of negligence have
been reported or provisions of this Act or rules made
under it have been violated.
(2) In performing its functions under this Act, rules and
regulations, the Authority shall, as far as practicable, protect the
interest of the patients, public, and the providers of Clinical
Laboratory services.
14. Minimum Clinical Laboratory Standards.- The minimum
standard and specification for registration and licensing of
clinical labs shall be,-
(1) Infrastructure: The minimum standard of infrastructure
of Lab shall be as under,-
(a) minimum 300 Sq feet with at least 3 partition i.e. waiting
area, office and working area;
(b) adequate water taps, sinks, bath room, and drains;
(c) adequate emergency power;
(d) adequate electrical outlets;
159
(e) adequate ventilation;

(f) adequate lighting; and
(g) adequate temperature control.
(2) Staff:
(a) The director in-charge of the clinical laboratory shall be
a qualified Pathologist.
(b) All technical staff of a clinical laboratory shall be
competent and qualified from a recognized professional
institution.
(3) Equipment.- Major lab equipment shall be
FDA/CE(IVD) Certified,-
(a) the principal of equipment is matching with the tests
performs; and
(b) regular maintenance and calibrations.
(4) Lab Waste Management:
(a) Effective waste management system shall be in place in
accordance with National Lab Policy; and
(b) Lab biorisk management system shall in place.
15. Offences, Penalty and Procedures.- (1) Whoever, himself or by
any other person on his behalf, or by any person under his
supervision, contravenes any of the provisions of this Act or any
rules or any regulations framed under this Act, shall be punished
with suspension or cancellation of the licence in respect of such a
Clinical Laboratory in respect of which the contravention
occurred, and with fine which may extend to rupees two hundred
thousand or an imprisonment with a term which may extend up
to six months or both.
(2) If any person himself or by any other person on his
behalf, without lawful excuse, does any act with the intention of,
interfering, obstructing or creating hurdle, while the operations
carried out for the purposes of this Act or rules or regulations
made thereunder, or by any licensee, inspection team and thereby
causes damage to any facility equipment, material, patient or
person, such a person shall be guilty of an offence punishable
with imprisonment for a term which may extend to three years,
or with fine up to rupees five hundred thousand, or with both.
(3) If any person himself or by other person on his behalf, or
by any person under his supervision, conceals or connives to
160
conceal, or falsely presents, or connives to falsely present any
records, material, procedure, or situation, without lawful excuse,
or obstruct an Evaluator, from accessing records, material, or
other relevant evidence, in case of an investigation of
contravention of the provisions of this Act, rules, or regulations,
he shall be guilty of an offence punishable with imprisonment for
a term which may extend to two years, or with fine up to rupees
three hundred thousand, or with both.
(4) Whoever, having been committed an offence under this
Act, rules, or regulations, again commits the same offence under
this Act, rules, or regulations, shall be punishable with
imprisonment which may extend to five years, or with fine up to
rupees ten hundred thousand, or with both.
(5) Where a person is found guilty of an offence under this
Act, rules, or regulations, is a company, group practice, hospital,
department, corporation, firm or institution, every director,
partner, and employee, of company, group practice, hospital,
department, corporation, firm, or institution, unless he proves
that the offence was committed without his knowledge or
consent, be guilty of the like offence.
(6) If any person is convicted of an offence under this Act,
rules, or regulations, it shall be lawful for the Authority to cause
the offender’s name, place of residence, place of business, the
offence which has been convicted, and the penalty inflicted upon
him, to be published at the expense of such person in such
newspaper or in such other manner as the Authority may direct:
Provided that, the expenses of such publication shall be
recoverable in the same manner as a fine is recoverable.
(7) Where any person has been convicted of an offence
under this Act, rules or regulations, it shall be lawful for the
equipment used, and any other related materials, in respect of
which contravention has been made, to be confiscated in favour
of the Authority which shall be disposed of by the Authority in
the prescribed manners.
16. Cognizance of offence.- (1) No Court shall take cognizance of
any offence punishable under this Act, rules, or regulations,
except on a complaint in writing by the Authority or by a person
authorized by the Authority in this respect, and notified in the
official Gazette.
161
(2) The provisions of Chapter XX of the Code of Criminal

Procedure, 1898 (Act V, of 1898), shall apply to the trial of
offences punishable under this Act.
17. Power to make regulations.- The Authority after Government
approval, may by notification in the official Gazette, make
regulations not inconsistent with the provisions of this Act and
the rules made thereunder, for carrying out its functions.
18. Power to make rules.- The Authority may, with the approval of
the Government, and by publication in the official Gazette, make
rules to carry out the purposes of this Act.
19. Immunity.- Except as expressly provided in this Act, no
criminal or other legal proceedings shall lie against the
Authority, the Chairman, or any Member, or a member of any of
its Committees, or Evaluators, or employee of the Authority, for
anything which is, in good faith done or intended to be done in
pursuance of this Act or of any rule or order, made thereunder:
Provided that the unscrupulous actions of the Authority
the Chairman, or any Member, or a member of any of its
Committees, or Evaluators, or employee of the Authority, taken
under this Act, which may cause injury or damage to any person
shall not be indemnified.
20. Appeal.- (1) A person who is aggrieved by any of the following
order of the Authority may file an appeal before the High Court,-
(i) refusal of the Authority to issue or renew a license;
(ii) decision of the Authority to suspend or revoke a license;
(iii) order of closing down of a Laboratory or making
improvements in the Laboratory;
(iv) order relating to equipments, apparatus, appliances, or
other things at a Lab; or
(v) imposition of fine by the Authority.
(2) The Clinical Laboratory as the case may be, within thirty
days from the date of communication of the order of the
Authority, shall have the right to prefer an appeal to the High
Court.
21. Act to override other laws, etc.- The provisions of this Act shall
have effect notwithstanding anything contained in any other law
for the time being in force or in any instrument having effect by
virtue of any such law.
162
22. Sum payable to the Authority to be recoverable as land
revenue arrears.- All sums payable to the Authority in
accordance with provisions of this Act, rules, and regulations,
shall be recoverable as arrears of land revenue.
23. Removal of difficulties.- If any difficulty arises in giving effect
to any provision of this Act, the Government may make an order
not inconsistent with the provisions of this Act to remove the
said difficulty.
Sd/-
(Rashid Kaleem)
163

Dated: 8th January, 2020
the assent of the President on the 3rd day of January 2020, is hereby
(ACT I OF 2020)
An
Act
further to amend the Power Development Organization Act, 2014
WHEREAS, it is expedient further to amend the Power
Development Organization Act, 2014 (Act XXI of 2014), in the manner
Power Development Organization (Amendment) Act, 2019.
2. Amendment of Section of 2, Act XXI of 2014.- In the Power
Development Organization Act, 2014 (Act XXI of 2014),
hereinafter to as the said Act, in Section 2, after clause (iv) a
new clause (iv-a) shall be added as under:-
“(iv-a) ‘Vice Chairman’ means the Vice Chairman of the
Board;”
3. Amendment of Section 4, Act XXI of 2014.- In the said Act, in
Section 4, sub-section (2) shall be substituted as under:-
“(2) The Board shall consist of the following:-
(i) Prime Minister Chairman
(ii) Minister Incharge Vice Chairman
(iii) Chief Secretary Member
(iv) Additional Chief Secretary (Dev.) Member
(v) Senior Member Board of Revenue Member
(vii) Secretary ED/PDO Member
(viii) Secretary to Government to be Member
nominated by the Government
164
(ix) Secretary Board Member/Secre
tary
(x) Managing Director Member
(xi) Director General Member
(xii) Representative of PP & IB (GoP) Member
(xiii) One member to be nominated by the Member
Government from the Private Sector
(xiv) One member to be co-opted by the Member”
Prime Minister from private sector
4. Amendment of Section 9, Act XXI of 2014.- In the said Act, in

Section 9, sub-section (2), shall be substituted as under:-
“(2) The Chairman, or in his absence Vice Chairman shall
preside over the meeting and seven other members shall
constitute the quorum at the meeting of the Board.”
Sd/-
165

(ACT II OF 2020)
An
Act
to provide for removal, storage and transplantation of human organs and
tissues for therapeutic purposes
WHEREAS, it is expedient to provide for the regulation,
removal, storage and transplantation of human organs and tissues for
therapeutic purposes and for matters connected therewith or ancillary
thereto;
1. Short title, Extent and Commencement.– (1) This Act may be
called the Transplantation of Human Organs and Tissues Act,
2019.
Kashmir.
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,–
(a) “Brain dead” means irreversible loss of brain and brain-
stem functions simultaneously;
(b) “Code” means the Code of Criminal Procedure, 1898
(Act V of 1898) as enforced in Azad Jammu and
Kashmir;
(c) “Death” means an irreversible cessation of the entire
function of brainstem;
(d) “Donor” means a person who donates any part of his
body, organ, tissue or cell;
(e) “Evaluation Committee” means a committee appointed
under Section 5;
166
(f) “Government” means Azad Government of the State of
Jammu and Kashmir;
(g) “Organ” means any part of a human body, organ or
tissue;
(h) “Monitoring Authority” means an authority constituted
under Section 8 to monitor the process of transplantation
of human organs or tissues and matters relating thereto;
(i) “Payment” means payment in money or money’s worth
but does not include any payment for defraying or
reimbursing,–
(i) the cost of removing, transporting or preserving
the human Organ to be supplied; or
(ii) any expenses or loss of earnings incurred by a
person so far as reasonably and directly
attributable to his supplying any Organ from his
body;
(j) “Prescribed” means prescribed by rules;
(k) “Recognized Institution” means a medical institution or
hospital for practice of operative surgery in
transplantation of Organs or tissues to be recognized by
the Monitoring Authority;
(l) “Recognized transplant surgeon or physician” means
Surgeons or Physicians possessing appropriate
qualifications, experience, and trained in the relevant
field, to investigate, examine and carry out
transplantation surgery of human organs or tissues; and
(m) “Transplantation” means the grafting of any human
Organ or tissue of any living or deceased person to some
other living person for therapeutic purposes.
3. Donation of Organ or tissue by a living person.– (1)
Notwithstanding anything contained in any other law for the time
being in force, a living Donor who is not less than eighteen years
of age, may, during his lifetime, voluntarily donate any organ to
any other living person genetically and legally related, who is a
close blood relative and the donation of the Organ by such person
for therapeutic purpose shall be regulated in the manner as may be
prescribed:
Provided that in the case of regenerative tissue, i.e. stem
cells, there is no restriction of age between siblings.
167
Explanation.– For the purpose of this section, the expression

“close blood relative” means parent, son, daughter, sister, brother
and includes spouse:
Provided further that transplantation shall be voluntary,
genuinely motivated and without any duress or coercion.
(2) In case of non-availability of a Donor as explained under
sub-section (1), the Evaluation Committee may allow donation
by a non-close blood relative, after satisfying itself that such
donation is voluntary.
4. Donation of Organs or tissues after death.– (1) Any person
who is not less than eighteen years of age may, during his
lifetime, in writing duly signed and verified by the respective
Evaluation Committee, donate any of his Organ for
Transplantation and for this purpose may authorize any medical
institution or hospital duly recognized by the Monitoring
Authority. The cases of unclaimed brain dead hospitalized
patients shall be presented to an Evaluation Committee for
Transplantation after an intense search for their relatives within
twenty-four hours.
(2) On the death of a donor referred to in sub-section (1),
any close relative of the deceased shall inform the Evaluation
Committee about the deceased and cause the removal of the
Organ in accordance with the authorization.
(3) A donation under this Section may be executed in such
form and manner as may be prescribed and may be revoked at
any time during the lifetime of the Donor in the presence of two
witnesses.
5. Evaluation Committee.- (1) As soon as may be after the
commencement of this Act, the Government may, by notification
in the official Gazette, appoint as many Evaluation Committees
as may be necessary which shall consist of a surgical specialist, a
medical specialist, a transplant specialist, a nephrologist, and a
neurophysician and an intensivist where available and two local
notables having a good record of social service. The Evaluation
Committee shall be established for every medical institution and
hospital where at least twenty-five transplants are being carried
out annually.
(2) The Evaluation Committee shall,-
(a) ensure that no organ or tissue is retrieved from non-
related living donors without the prior approval of the
Evaluation Committee;
168
(b) determine brain death of a person;
(c) determine propriety of removal of Organ from any living
person using brain death protocol to be formulated; and
(d) determine fitness or otherwise for Transplantation of
Organ into any other body.
6. Transplantation to be carried out by the team of transplant
surgeons and physicians, etc.– (1) The Transplantation of the
Organ or removal of any part of Organ for the purpose of
transplantation shall only be carried out by the recognized
professionals who shall, before the removal of any Organ from
the body of the deceased, ensure that written certification has
been obtained from the Evaluation Committee that death has
occurred.
(2) For the purpose of sub-section (1) a person shall be
deemed to be medically and legally dead at the time when in the
opinion of the Evaluation Committee, based upon acceptable
standard of medical practice, there is,-
(a) an absence of natural respiratory and cardiac functions
and attempt at resuscitation are not successful in
restoring those functions; or
(b) an irreversible and permanent cessation of all brainstem
functions and future attempt of resuscitation or continued
supportive maintenance would not be successful in
restoring such natural functions.
(3) On the commencement of this Act, the Government shall
on the recommendation of the Monitoring Authority, by
notification in the official gazette, publish the list of medical
institutions and hospitals as Recognized Institutions and hospitals
for practice of operative surgery in Transplantation of Organs.
The Government may revise the list from time to time.
(4) No hospital or medical institution shall carry out
Transplantation of Organs unless it is recognized as provided in
sub-section (3).
7. Effects etc., to the Donor and the recipient.– (1) No
Transplantation from a Donor other than defined in sub-section
(1) of Section 3 shall be carried out without prior permission of
the appropriate Evaluation Committee and only at such medical
institutions and hospitals which have been notified under sub-
section (3) of Section 6:
169
Provided that such donation by the Jammu and Kashmir

State Subjects shall not be permissible to citizens of other
countries.
(2) No Organ shall be removed from the body of a living
person except for the purposes of Section 3 and no
Transplantation team of a recognized medical institution or
hospital shall undertake the removal or Transplantation of any
Organ from a living Donor unless they have explained the
effects, complications and hazards connected with the removal of
such Organ for Transplantation to the Donor and its outcome in
the recipient respectively in such manner as may be prescribed.
8. Monitoring Authority.- (1) The Government shall, by
notification in the official Gazette, constitute a Monitoring
Authority consisting of the following:-
(i) Minister for Health or a nominee of the Chairperson
Prime Minister;
(ii) Secretary to the Government, Home Member
Department;
(iii) Secretary to the Government, Health Member
Department;
(iv) Director General Health; Member/
Secretary
(v) Principal AJ&K Medical College, Member
Muzaffarabad;
(vi) DHS Administration Director General of Member
Health Services;
(vii) Professor of Ophthalmology, AJ&K Member
Medical College, Mirpur;
(viii) President, AJ&K Medical Association or Member
his nominee;
(ix) Professor of Medicine, AJ&K Medical Member
College, Rawalakot ;
(x) Professor of Surgery/Urology, AJ&K Member
Medical College, Muzaffarabad;
(xi) Co-ordinator Health Sector Reforms Member
Programs AJ&K, Muzaffarabad; and
(xii) Consultant Physician/Gasterologist Member
Mirpur.
170
(2) The Authority so constituted shall,-
(a) monitor Transplantation and enforce prescribed
standards for Recognized Institutions;
(b) investigate and hold inquiry into the allegations of
breach of any provision of this Act;
(c) inspect Recognized medical Institutions for examination
of quality of Transplantation, follow up medical care of
donor and recipient and any other matter ancillary
thereto and also periodically inspect institutions wishing
to be recognized;
(d) cause establishment of a State registry and State and
regional networks for evaluating quality and outcome of
transplant centers and cause enhancement and promotion
of transplantation; and
(e) due to shortage of available Organs for Transplantation
to meet life saving patient needs, the Monitoring
Authority shall explore and support the international
collaboration of xenotransplanation in future, after
considering all ethical and safety risks and also continue
to examine and collect global data on the practices,
safety, quality, efficacy and epidemiology of stem cell as
well as non-human organ transplantation.
(3) The Monitoring Authority shall appoint an
Administrator, preferably from the medical profession, in
consultation with the Government and also appoint such other
officers as may be required, on terms and conditions, to be
determined by it, to carry out day-to-day business of the
Authority, for which the Government shall provide a reasonable
annual grant.
(4) The Government in consultation with the Monitoring
Authority shall establish a fund consisting of grants by the
Government, Governments of Pakistan and contributions by
NGOs, philanthropists and other individuals for the
Transplantation or indigent patients including post transplant
care and medicines.
(5) The pool of voluntary donors and registry of potential
recipients shall be established and regulated as may be
prescribed.
9. Prohibition of removal or Transplantation for any purpose
other than therapeutic purpose.– No Donor and no person
171
empowered to give authority for removal of any Organ shall

authorize the removal of any Organ for any purpose other than
the therapeutic purposes.
10. Punishment for removal of Human Organ without
authority.– (1) Whoever renders his services to or at any
medical institution or hospital and who for the purposes of
Transplantation, conducts, associates with or helps in any
manner, in the removal of any Organ without authority, shall be
punished with imprisonment for a term which may extend to ten
years and with fine which may extend to one million rupees or
both.
(2) Where any person convicted under sub-section (1) is a
registered medical practitioner, his name shall also be reported to
the Pakistan Medical and Dental Council for appropriate action
including removal of his name from the register of the Council
for a period of three years for the first offence and permanently
for any subsequent offence.
11. Punishment for commercial dealings in the Organ.–
Whoever,–
(a) makes or receives any payment for the supply of, or for
an offer to supply, any Organ;
(b) seeks to find a person willing to supply for payment of
any Organ;
(c) offers to supply any Organ for payment;
(d) initiates or negotiates any arrangement involving the
making of any payment for the supply of, or for an offer
to supply any Organ,-
(i) takes part in the management or control of a
body of persons, whether a society, firm, or
company, whose activities consist of or include
the initiation or negotiation of any arrangement
referred to in clause (d); or
(ii) publishes or distributes or causes to be published
or distributed any advertisement,–
(a) inviting persons to supply for payment of
any Organ;
(b) offering to supply any Organ for
payment; or
172
(c) indicating that the advertiser is willing to
initiate or negotiate any arrangement
referred to in clause (d), shall be
punished with imprisonment for a term
which may extend to ten years and with
fine which may extend to one million
rupees or both.
12. Punishment for contravention of any other provision of this
Act.– Whoever contravenes any provision of this Act or any rule
made, or any condition of the registration granted thereunder for
which no punishment is separately provided in this Act, shall be
punished with imprisonment for a term which may extend to
three years or with fine which may extend to three hundred
13. Offences by companies.– Where any offence, punishable under
this Act has been committed by a company, its Chief Executive
or Director or any other person who, at the time the commission
of offences committed was incharge of, and was responsible to,
the company for the conduct of business of the company, as well
as the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that a company shall be liable to pay fine only:
Provided further that nothing contained in this Section
shall render any such person liable to any punishment, if he
proves that the offence was committed without his knowledge or
that he had exercised all due diligence to prevent the commission
of such offence.
Explanation.– For the purposes of this Section,–
(a) “company” means anybody corporate and includes a
firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the
firm.
14. Cognizance of offences.– (1) No Court inferior to that of the
Magistrate of First Class empowered under Section 30 of the
Code, shall try an offence punishable under this Act.
(2) No court shall take cognizance of an offence under this
Act except on a complaint in writing made by,–
(a) the Monitoring Authority or its Secretary; or
173
(b) an aggrieved person who has given notice of not less

than fifteen days, in such manner as may be prescribed,
to the Monitoring Authority, of the alleged offence and
of his intention to lodge a complaint.
(3) Notwithstanding anything in Section 32 of the Code, it
shall be lawful for a Magistrate referred to in sub-section (1) to
pass any sentence authorized by this Act even if such sentence
exceeds his powers under the said Section.
(4) Notwithstanding anything in the Code, the offences
punishable under this Act shall be non-bailable.
15. Savings.– Neither the grant of any facilities of any authority for
removal of any Organ from the body of the Donor, deceased or
alive, in accordance with the provisions of this Act nor removal
of any Organ from the body of a deceased person with due care
in pursuance of such authority shall be deemed to be an offence
punishable under Section 297 of the Azad Penal Code (Act XLV
of 1860).
16. Protection of actions taken in good faith.– (1) No suit,
prosecution or other legal proceedings shall lie against any
person for anything which is done in good faith or intended to be
done in pursuance of the provisions of this Act or rules made
there under.
(2) No suit or other legal proceedings shall lie against the
Government for any damage caused or likely to be caused for
anything which is done with due care and in good faith or
intended to be done in pursuance of the provisions of this Act.
17. Power to make rules.– The Government may, by notification in
the official Gazette, make rules for carrying out the purposes of
this Act.
18. Removal of difficulties.– If any difficulty arises in giving effect
to any provision of this Act the Government may make such
order as it considers necessary or expedient for the purpose of
removing the difficulty.
Sd/-
Section Officer (Legislation
174
(ACT III OF 2020)
An
Act
to repeal Removal from Service (Special Powers) Act, 2001
WHEREAS, it is expedient to repeal the Removal from Service
(Special Powers) Act, 2001 (Act XXV of 2001) for the purposes
It is hereby enacted by as follows:-
the Removal from Service (Special Powers) (Repeal) Act, 2019.
2. Repeal of Removal from Service (Special Powers) Act, 2001.-
(1) The Removal from Service (Special Powers) Act, 2001 (Act
XXV of 2001), is hereby repealed.
(2) All proceedings pending under the repealed Act,
immediately before the commencement of this Act, against any
person whether in Government Service or Corporation Service,
shall continue under the Azad Jammu and Kashmir Civil
Servants Act, 1976 (Act VI of 1976), and the Azad Jammu and
Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977.
(3) Subject to sub-section (2), on the repeal of the said Act,
all disciplinary matters relating to persons in Government
Service, to whom the Azad Jammu and Kashmir Civil Servants
Act, 1976 (Act VI of 1976), and the Azad Jammu and Kashmir
Civil Servants (Efficiency and Discipline) Rules, 1977, apply,
shall be governed under the aforesaid Act and the rules made
thereunder and the persons in Corporation Service or other
statutory organizations shall also be governed under the Azad
Jammu and Kashmir Civil Servants (Efficiency and Discipline)
Rules, 1977, if the rules have been made applicable to them
under their respective laws.
Sd/-
(Rashid Kaleem)
175

No. LD/Legis-Act/40-52/2020.The following Act of Assembly received
(ACT IV OF 2020)
An
Act
to prevent the misuse of the allopathic system of medicine and to provide
for matters connected therewith;
WHEREAS, it is expedient to prevent the misuse of the allopathic
system of medicine and to provide for matters connected therewith for
the purposes hereinafter appearing;
called the Azad Jammu and Kashmir Allopathic System
(Prevention of Misuse) Act, 2019.
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
(a) “Government” means the Azad Government of the State
(b) “Medical and Dental Council” means the Medical and
Dental Council constituted under Pakistan Medical and
Dental Council Ordinance, 1962 (XXXII of 1962), as
enforced in Pakistan; and
(c) “Registered Medical Practitioner” means a person
registered by the Medical and Dental Council.
3. Prohibition of the use of the Word “doctor” and its
variations, etc.- No person practicing the allopathic,
homoeopathic, ayurvedic, unani or any other system of
medicine shall use with his name or address, or with the
name or address of his business, the word “doctor”, or
any of its grammatical variations, cognate expressions or
abbreviations so as to give out that he is entitled to
176
practice medicine unless he is a Registered Medical
Practitioner:
Provided that nothing in this Section shall apply to a
person on whom a Doctor’s degree other than medical degree has
been conferred by any university in or outside Azad Jammu and
Kashmir.
4. Prohibition of the use of Medical Degrees or Diplomas.- No
person shall use a medical degree or a medical diploma to give
out that he is a qualified medical practitioner or for any purpose
connected with medical practice, unless such degree or diploma
has been conferred or awarded by a university or institution in or
outside Azad Jammu and Kashmir, recognized by the Medical
and Dental Council.
5. Prohibition of Performing Surgical Operations by
Unqualified Persons.- No person other than a Registered
Medical Practitioner shall perform any surgical operation other
than circumcision, incision of boils and administration of
injections.
6. Prohibition for Prescribing certain Drugs.- No person other
than a Registered Medical Practitioner or a person authorized in
this behalf by the Government shall prescribe any antibiotic or
dangerous drug specified in the rules made under this Act.
7. Restriction on the sale of Patent and Proprietary Medicines.-
No person shall sell in the market any patent or proprietary
medicine of the unani, ayurvedic, homoeopathic or biochemic
system of medicine, unless there is displayed, in a conspicuous
and readily intelligible manner, on the label or container thereof
and also on the outer cover of the container (other than ordinary
wrapper), the true formula of the medicine contained in it.
8. Penalty.- Whoever contravenes the provisions of Section 3,
Section 4, Section 5, Section 6 and/or Section 7 shall be
punishable with imprisonment which may extend to one year or
with fine not exceeding one hundred thousand rupees, or with
both.
9. Jurisdiction.- (1) No prosecution shall be instituted under this
Act except by an Inspector appointed under the Drugs Act, 1976
(XXXI of 1976), as adopted and enforced in Azad Jammu and
Kashmir or by a person specially empowered by the Government
in this behalf.
(2) No court inferior to that of a magistrate of the first class
shall try an offence punishable under this Act and
177
notwithstanding anything contained in Section 32 of the Code of

Criminal Procedure, 1898 (Act V of 1898), as adopted and
enforced in Azad Jammu and Kashmir, it shall be lawful for such
magistrate to pass any sentence of fine to the extent provided for
by this Act in excess of his powers under the said Section 32.
10. Protection.- No suit or proceeding shall lie against any Inspector
or person acting in good faith under Section 9 of this Act.
11. Powers to make rules.- The Government may make rules for
Sd/-
178
(ACT V OF 2020)
An
Act
further to amend the West Pakistan Land Revenue Act, 1967
WHEREAS it is expedient further to amend the West Pakistan
Land Revenue Act, 1967 (XVII of 1967), as in force in Azad Jammu and
Kashmir;
the West Pakistan Land Revenue (Amendment) Act, 2019.
2. Amendment of Section 4, Act XVII of 1967.- In the West
Pakistan Land Revenue Act, 1967 (XVII of 1967), as in force in
Act, in Section (2), after sub-section (23) following new sub-
sections shall be added:-
“(23-A) “Service Centre” means the Computerized Service
Centre established by the Board of Revenue;
(23-B) “Service Centre Official” means a person appointed as
the Service Centre Official;”
3. Addition of new Sections 41-A and 41-B,Act XVII of 1967.–
In the said Act, after Section 41 following new Sections 41-A
and 41-B shall be added:-
“41-A. Preparation of computerized records.– (1) The Board
of Revenue shall cause to be prepared, in computerized
form, the latest edition of the periodical record of an
estate and if no such record exists, the latest edition of
the record-of-rights of the estate.
(2) The Board of Revenue shall, by notification,
specify a date for the commencement of the operation of
179
computerized edition of record-of-rights, of an estate or a

group of estates.
(3) The Board of Revenue shall by notification
prohibit preparation of prescribed record of an estate
under Section 41 from a specified date.
41-B. Computerized edition of periodical records.– (1) The
Collector shall cause to be prepared periodically, as the
Board of Revenue may direct, a computerized edition of
their record-of-rights of an estate or group of estates as
amended from time to time in accordance with the
provisions of this Chapter, which shall be called
periodical record for an estate and shall comprise the
statements mentioned in clause (a) of sub-section(2) of
Section 39.
(2) The Collector shall cause to be maintained, in
computerized form, record of mutations in an estate or
group of estates and other documents, as may be
Prescribed.”
in Section 42, following amendments shall be made:-
(a) In sub-section (1), the words “Any person” occurring in
the beginning shall be substituted by the words and
comma “Subject to the other provisions of this Chapter,
a person;”
(b) after sub-section (1), the following sub-sections (1-A), (1-
B) and (1-C) shall be inserted:-
“(1-A) A person, acquiring a right in an estate by
inheritance, purchase, mortgage, gift or otherwise as a land
owner or a tenant for a fixed term exceeding one year, may
report his acquisition of such right to the Service Centre Official
of the estate, if the report is made within one year or the earlier
date as may be notified by the Board of Revenue after the
commencement of operation of the Service Centre of the estate.
(1-B) The Service Centre Official shall enter the report in
the prescribed manner and supply a copy of the entry to the
person making the report, free of cost.
(1-C) The Service Centre Official shall deliver a copy of
the report to the Patwari of the estate in the manner as may be
prescribed and the Patwari shall record the report in the
Roznamicha.”
180
5. Addition of new Section 42-A, Act XVII of 1967.– In the said
Act, after Section 42 following new Section 42-A shall be
added:-
“42-A. Report at Service Center of acquisition of rights.– (1)
After the date specified in sub-section (1-A) of Section
42, a person acquiring a right in an estate by inheritance,
purchase, mortgage, gift or otherwise as a land owner or
a tenant, for a fixed term exceeding one year, shall,
within three months from the date of the acquisition,
make a report to the Service Center Official at the
Service Center of the estate.
(2) If the person acquiring the right is a minor or is
otherwise unable to report, his guardian or other person,
having charge of his property shall make the report to the
Service Centre Official.
(3) The Service Centre Official shall enter the report
in the prescribed manner and supply a copy of the entry
to the person making the report, free of cost.
(4) The Service Centre Official shall deliver a copy
of the report to the Patwari of the estate in the manner as
may be prescribed and the Patwari shall, in the
prescribed manner, submit the report to the Revenue
Officer.
(5) The Revenue Officer shall, after enquiry into the
correctness of the entries in the report and any other
acquisition of any right in an estate report of which
should have been made to the Service Centre Official,
make such order as he thinks fit with respect to any entry
in the computerized periodical record relating to the right
acquired.
(6) Except in cases of inheritance or where the
acquisition of the right is by a registered deed or by or
under an order or decree of a Court, the Revenue Officer
shall make the order under sub-section (5) in the
presence of the person whose right has been acquired,
after such person has been identified by two respectable
persons, preferably from Lambardars or elected members
of the local government whose signatures or thumb
impressions shall be obtained by the Revenue Officer on
the report.
(7) An inquiry or an order under sub-section (5)
181
shall be made in the common assembly in the estate to

which the acquisition of right relates.
(8) Where a Revenue Officer makes an order under
sub-section (5), the Service Centre Official shall enter
the same in the computerized periodical record.
(9) The Revenue Officer shall, by his electronic
signatures, authenticate the entry made by the service
Centre Official under sub-section (8).
(10) The Service Centre Official shall send in the
prescribed manner, the gist of an order made by a
Revenue Officer under sub-section (9), to the person
whose right is acquired.”
6. Substitution of Section 43, Act XVII of 1967.– In the said Act,
for Section 43 following shall be substituted:-
“43. Making of that part of periodical records which
relate to other persons.–(1) The acquisition of any
interest in land other than a right referred to in sub-
section (1) of Section 42 shall,–
(a) if it is undisputed, be recorded by the Patwari in
the prescribed manner; and
(b) if it is disputed, be entered by the Patwari in the
register of mutations and dealt with, in the
manner provided for in sub-sections (6) to (11)
of that Section.
(2) If a person acquires an interest in land other than
a right referred to in sub-section (1) of Section 42-A,-
(a) the Patwari shall record the interest and send the
record to the Service Centre Official in the
prescribed manner; and
(b) the Service Centre Official shall enter the record
in the computerized land records in the manner,
as may be prescribed.”
for Section 45 following shall be substituted:-
“45. Restriction on variations of entries in record.- Entries
in a record-of-rights or in a periodical record, except
entries made in periodical records with respect to
undisputed acquisition of interest under Section 43, shall
not be varied in subsequent records otherwise than by,-
182
(a) making entries in accordance with facts proved
or admitted to have occurred;
(b) making such entries as are agreed to by all the
parties interested therein or are supported by a
decree or order binding on those parties; and
(c) making new maps where it is necessary to make
them.”
for Section48 following shall be substituted:-
“48. Penalty.- (1) Subject to sub-section (2), a person who
neglects to make, within three months from the date of
his acquisition of a right referred to in Section 42 or
Section 42-A, the report required to be made or who fails
furnish the information or produce the documents
required under Section 47, shall be liable, at the
discretion of the Collector, to a fine not exceeding five
hundred rupees.
(2) If a person acquires the right through a
registered document, the registering authority shall, in
the prescribed manner, make a report of the acquisition
of the right to the Patwari or the Service Centre
Official.”
in Section 55,-
(a) in clause (d), the word “and” occurring at the end shall
be omitted;
(b) in clause (e), the full stop at the end shall be substituted
by the semi colon and the word “and” shall be inserted
thereafter; and
(c) after clause (e), the following clause (f) shall be
inserted:-
“(f) for reporting, preparation, authentication,
revision and correction of computerized land
records.”
10. Addition of new Sections 142-A, 142-B & 142-C, Act XVII of
1967.– In the said Act, after Section 142, the following new
Sections142-A, 142-B & 142-C shall be added:-
“142-A.Time limit for decision of partition cases.– (1) The
Revenue Officer shall decide the case of partition within
183
a period of one hundred and eighty days from the date of

application for partition.
(2) If the Revenue Officer, for reasons beyond his
control, is unable to decide the case of partition within
the time stipulated in sub-section (1), he shall submit the
case, with reasons, to the District Collector, fifteen days
prior the expiry of that period, for extension of the
period.
(3) The District Collector may, in an exceptional case
and for reasons to be recorded, grant one time extension
of time for decision of a partition case for a period not
exceeding sixty days subject to such conditions as he
may deem appropriate to impose for expeditious disposal
of the case.
(4) In case the Revenue Officer is required to decide
the question of title in the partition proceedings under
Section 141, an additional period of ninety days shall be
deemed to have been added to the period mentioned in
sub-section (1).
(5) If the Revenue Officer fails to decide a partition
case within the period specified in this Section or
contravenes any condition imposed by the District
Collector, he shall be liable to disciplinary action in
accordance with law.
(6) Where application for partition of land is allowed,
subject to other provisions of this chapter, instrument of
partition shall be issued within a period of ninety days
from the date of decision of the partition.
142-B. Limitation for disposal of appeal, review or revision
regarding partition cases.– (1) Every appeal, review or
revision filed against any order passed by Revenue
officer in his original jurisdiction for partition of land
under this chapter shall be disposed of within a period of
one hundred and twenty days from the date of institution
thereof.
(2) In case an appeal or review or revision petition is
not disposed of within the period as stipulated under the
preceding sub-section, Board of Revenue shall have
power to extend the limitation for a maximum period of
forty-five days which shall be observed stringently by
the presiding officer.
184
142-C. Time limit for pending cases.– (1) The Revenue Officer
shall decide the case of partition of land holding pending
adjudication with him at the time of commencement of
this Section within one hundred and eighty days
reckoned from the date of commencement of this
Section.
(2) All other provisions of Section 142-A and 142-B
of the said Act, shall, as far as possible, apply to the
pending cases of partition mentioned in sub-section (1).”
11. Omission of Section 150-A, Act XVII of 1967.-In the said Act,
Section 150-A shall be omitted.
in Section 176, for sub-section (2) following shall be
substituted:-
“(2) A Village Officer shall, with respect to any record or
paper in his custody be deemed, for the purposes of the Qanun-e-
Shahadat Order, 1984 (P.O. No. X of 1984), as in forced in Azad
Jammu and Kashmir, to be public officer having the custody of a
public document which any person has a right to inspect.”
13. Amendment of Section 177, Act XVII of 1967.- In the said
Act, in Section 177, the full stop at the end shall be substituted
by a colon and thereafter the following proviso shall be inserted:-
“Provided that the Board of Revenue, a Service Centre
Official, or an officer authorized by the Board of Revenue, shall
issue a copy or an extract of the computerized land record in the
prescribed manner and the Patwari of an estate shall not, after the
expiry of the date under sub-section (1-A) of Section 42, issue a
copy or an extract of a land record which has been
computerized.”
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185

(ACT VI OF 2020)
An
Act
to amend the Azad Jammu and Kashmir Constitution of Shariat
Appellate Bench of the High Court Act, 2017
Kashmir Constitution of Shariat Appellate Bench of the High Court Act,
2017 (Act XL of 2017), for the purposes hereinafter appearing;
the Azad Jammu and Kashmir Constitution of Shariat Appellate
Bench of the High Court (Amendment) Act, 2019.
2. Amendment of Section 8, Act XL of 2017.- In the Azad Jammu
and Kashmir Constitution of Shariat Appellate Bench of the High
Court Act, 2017 (Act XL of 2017), in Section 8, in sub-section
(1) the full stop at the end shall be substituted by a colon and
thereafter the following proviso shall be added:
“Provided that in case of family matters, an appeal to the
Supreme Court shall lie only if the Supreme Court being
satisfied, that the case involves of substantial question of law of
public importance, grants leave to appeal.”
Sd/-
186
Dated: 10th January, 2020.
(ACT VII OF 2020)
An
Act
further to amend the Code of Criminal Procedure, 1898
WHEREAS, it is expedient further to amend the Code of
Criminal Procedure, 1898 (Act V of 1898) for the purposes here-in-after
appearing;
the Code of Criminal Procedure (Amendment) Act, 2019.
2. Addition of Section 156-A, Act V of 1898.- In the Code of
Criminal Procedure, 1898 (Act V of 1898), after Section 156 a
new Section 156-A shall be added as under:-
“156-A. Investigation of Offences under Sections 295-A, 295-B
and 295-C of Azad Penal Code.- Notwithstanding
anything contained in this Code, on receiving a complaint
under Sections 295-A, 295-B or 295-C of the Azad Penal
Code, a Committee comprising of the Deputy Inspector
General Police of the concerned region and District Mufti
of the concerned district shall conduct a fact finding
preliminary inquiry into the matter and at conclusion, if it
is established that such offences have prima facie been
committed, the Committee shall direct for registration of a
First Information Report under Section 154 of the Code,
and no Police Officer below the rank of a Superintendent
of Police shall investigate the offence alleged to have been
committed by an accused under Section 295-C of the Azad
Penal Code.”
Sd/-
187

received the assent of the President on the 3rd day of January 2020, is
(ACT VIII OF 2020)
An
Act
further to amend the Azad Jammu and Kashmir Local Government
Act, 1990
WHEREAS, it is expedient further to amend the Azad Jammu and
Kashmir Local Government Act, 1990 (Act VII of 1990), for the
called the Azad Jammu and Kashmir Local Government
(2) It shall extend to whole of the Azad Jammu and
Kashmir.
2. Amendment of Section 2, Act VII of 1990.- In the Azad
Jammu and Kashmir Local Government Act, 1990 (Act VII of
1990), hereinafter referred to as the said Act, in Section 2, clause
(xviii) shall be substituted as under:-
“(xviii) “Election Commission” means the Election Commission
constituted under Article 50 of the Azad Jammu and
Kashmir Interim Constitution, 1974;”
After clause (xviii), a new clause shall be added as under:-
“(xviii-a) “Chief Election Commissioner” means the Chief
Election Commissioner appointed under Article 50 of the
Azad Jammu and Kashmir Interim Constitution, 1974;”
3. Substitution of Section 3, Act VII of 1990.- In the said Act,
“3. Election Commission.- (1) The Election Commission
shall conduct elections of the Local Councils under this
Act.
188
(2) Government shall, in consultation with the Chief
Election Commissioner, make an announcement of the
date or dates on which the election for the Local
Councils shall be conducted in the whole of Azad
Jammu and Kashmir or in a part thereof:
Provided that the date or dates of such election
shall not be less than sixty days and not more than
hundred and twenty days from the date of such
announcements.
(3) Upon announcement of the date or dates of
elections of the Local Councils under sub-section (2), the
Election Commission shall make necessary arrangements
to ensure that the election shall be conducted honestly,
justly and fairly.
(4) It shall be the duty of all executive, subordinate
judicial authorities and all local authorities under the
administrative control of the Government to assist the
Election Commission in the performance of his
functions.”
4. Addition of Sections 3-A, 3-B, 3-C & 3-D, Act VII of 1990.- In
the said Act, after Section 3, as substituted above, following new
Sections 3-A, 3-B, 3-C & 3-D, shall be added as under:-
“3-A. Appointment of District Returning Officer,
Returning Officer etc.- (1) The Election Commission
shall appoint from amongst the officers of the Election
Commission or the Government, a body or entity
controlled by the Government, District Returning
Officers, Returning Officers and Assistant Returning
Officers for the purposes of election under this Act.
(2) An Assistant Returning Officer shall assist the
Returning Officer in the performance of his functions
under this Act, and may, subject to such conditions as
may be imposed by the Election Commission, exercise
the powers and perform the functions of the Returning
Officer, under the control of the District Returning
Officer.
(3) The District Returning Officer shall take all such
actions, as may be necessary for conducting a free, fair
and impartial election in accordance with the provisions
of this Act and the rules.
189
3-B. Election Petition.- (1) Subject to this Act, an election to

an office of a Local council shall not be called in
question except by an election petition.
(2) An election petition under this Act shall be filed
before the Election Tribunal in the prescribed manners.
3-C. Election Tribunal.- (1) The Chief Election
Commissioner shall, by notification, constitute an
Election Tribunal for such local areas as may be
specified in the notification.
(2) Election Tribunal shall consist of such person or
persons as may be appointed by the Chief Election
Commissioner.
(3) The Chief Election Commissioner may, on the
application of a candidate, transfer an election petition
from one Tribunal to another Election Tribunal.
(4) Subject to the rules, the Chief Election
Commissioner may, by notification, issue instructions
for presentation, hearing and trial of an election petition.
(5) The Election Tribunal shall decide an election
petition within one hundred and twenty days from the
date of filing of the election petition.
3-D. Power and Functions of Election Tribunal.- The
Election Tribunal shall exercise such powers and
perform such functions as may prescribed.”
5. Amendment of Section 4, Act VII of 1990.- In the said Act, in
Section 4, in sub-section (2), for the word “Commissioner”, the
word “Commission” shall be substituted.
6. Amendment of Section16, Act VII of 1990.- In the said Act, in
Section 17, in the second proviso, for the word “Commissioner”,
the word “Commission” shall be substituted.
190
9. Amendment of Section 73, Act VII of 1990.- In the said Act,
in Section 73, for the “Commissioner”, the word “Commission”
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191

(ACT IX OF 2020)
An
Act
to provide for making compulsory teaching of the Holy Quran to Muslim
students in all educational institutions
WHEREAS, it is expedient and necessary in a Islamic State to
provide for making teaching of the Holy Quran compulsory to Muslims
students in all educational institutions in the State of Azad Jammu and
Kashmir and matters connected therewith and ancillary thereto;
1. Short title, application and Commencement.- (1) This Act
may be called the Azad Jammu and Kashmir Compulsory
Teaching of the Holy Quran Act, 2019.
(2) It shall apply to the extent of Muslim students in all
educational institutions, situated within the territory of the Azad
Jammu and Kashmir.
(a) “Educational institution” means any school, college,
institution, madrasa by whatever name called for,
established and setup in public or private sector for
imparting education to students irrespective of its status
whether registered or not registered with the registration
authority or any other body;
(b) “Government’’ means the Azad Government of the State
(c) “Naazrah Quran” means recitation by sighting of the
Arabic text;
(d) “Prescribed” means prescribed by rules made under this
Act; and
192
(e) “Rules” means Rules made under this Act.
3. Compulsory Teaching of the Holy Quran.- (1) There shall be,
in all Educational institutions, compulsory teaching of,-
(a) the Naazrah Quran in classes, grades or, as the case may
be, level I to V in the Prescribed manner; and
(b) the translation of the Holy Quran in classes, grades or, as
the case may be, levels VI to XII in such prescribed
manner so that the entire Holy Quran is completed upto
class, grade or, as the case may be, level XII.
4. Power to make Rules.- The Government may, by notification in
the Official Gazette, make rules for carrying out the purposes of
this Act.
5. Act not to be derogatory to any other law.- The provisions of
this Act shall be in addition to, and not in derogation of any other
law, for the time being in force.
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193

(ACT X OF 2020)
An
Act
further to amend the Azad Jammu and Kashmir Text Book Board
Act, 2014
and Kashmir Text Book Board Act, 2014 (Act XXVI of 2014) for the
the Azad Jammu and Kashmir Text Book Board (Amendment)
Act, 2019.
2. Amendment in Section 24, Act XXVI of 2014.-In the Azad
Jammu and Kashmir Text Book Board Act, 2014 (Act XXVI of
2014), hereinafter referred to as the said Act, in Section 24, in
sub-section (1) after the words “consistent with this Act”, and
before the comma, the words “and Rules” shall be inserted.
3. Substitution of Section 25, Act XXVI of 2014.-In the said Act,
“25. Power to make rules.- The Government may make rules
to carry out the purposes of this Act.”
Sd/-
194
No. LD/Legis-Act/136-50/2020. The following Act, passed by the Azad
Jammu and Kashmir Legislative Assembly on 31st January, 2020,
deemed to have been assented by the President under Article 36 (2) of the
Azad Jammu and Kashmir Interim Constitution, 1974, is hereby
(ACT XI OF 2020)
An
Act
further to amend the Azad Jammu and Kashmir Ehtesab Bureau
Act, 2001
and Kashmir Ehtesab Bureau Act, 2001 (Act I of 2001), in the manner
hereinafter appearing:
the Azad Jammu and Kashmir Ehtesab Bureau (Sixth
2. Amendment of Section 4, (Act I of 2001).- In the Azad Jammu
and Kashmir Ehtesab Bureau Act, 2001 (Act I of 2001),
hereinafter referred to as the said Act, in Section 4, following
amendments shall be made:-
(i) clauses (g),(j), (m) and (u) shall be omitted,-
(ii) clause (o) shall be substituted as under,-
“(o) ‘Offence’ means offence of corruption and
corrupt practices punishable under this Act;”
3. Substitution of Section 6, (Act I of 2001).- In the said Act,
Section 6 shall be substituted as under.-
“6. Chairman of the Ehtesab Bureau.- (1) There shall be a
Chairman of the Ehtesab Bureau to be appointed by the
President on the advice of the Prime Minister and on
such terms and conditions as may be prescribed.
(2) No person shall be appointed as Chairman
Ehtesab Bureau unless he,-
195
(i) has been or is qualified to be appointed as Judge

of the Supreme Court or the High Court; or
(ii) is or has been civil servant of Azad Jammu and
Kashmir in BPS-21 and above.”
Section 8 shall be substituted as under,-
“8. Acting Chairman of the Ehtesab Bureau.- As and
when the Chairman is absent or is unable to perform the
functions of his office due to any reason, whatsoever, or
office of the Chairman is vacant, the President, on advice
of the Prime Minister, may appoint any other person
duly qualified, to act as a Chairman for a period not
exceeding six months.”
5. Amendment of Section 9, (Act I of 2001).- In the said Act, in
Section 9, for sub-section (1), the following shall be substituted:-
“(1) The President, on the advice of the Prime Minister, may
appoint a person being a person qualified to be appointed a Judge
of the High Court, as Chief Prosecutor Ehtesab Bureau.
(1-a) The terms and conditions of the Chief Prosecutor
Ehtesab Bureau shall be determined by the Government in
consultation with the Chairman:
Provided that the Chief Prosecutor appointed before the
commencement of this Act shall be deemed to have been
appointed under this Section for remaining period of his term.”
6. Amendment of Section 9-A, (Act I of 2001).- In the said Act,
in Section 9-A, sub-section (1) shall be substituted as under:
“(1) The Chairman shall, with prior approval of the
Government, appoint a suitable officer from the Law
Department, as Director Legal, on deputation basis.”
Section 10,-
(i) clause (h) of sub-section (1) shall be omitted.
(ii) for sub-section (2), the following shall be substituted,-
“(2) All Offences under this Act shall be non-bailable
and only the Court shall have jurisdiction to grant bail
under Section 497 and 498 of the Code to any person
accused of any offence.
196
(2-a) The High Court shall also have powers to grant
pre-arrest bail under Section 498 of the Code to an
accused of an offence under this Act.”
sub-section (1) of Section 11, for the words “who commits”, the
words “who has committed”, shall be substituted.
Section 13,-
(i) in sub-section (1) the words “Chairman or the”, at the
beginning, shall be omitted.
(ii) in sub-section (3),-
(a) in clause (d), the words, “Chairman or”, shall be
omitted;
(b) first proviso shall be omitted.
(c) in second proviso the words, “the Ehtesab
Bureau or”, shall be omitted.
(iii) sub-section (4) shall be substituted as under:-
“(4) If the property ordered to be frozen consists of
livestock or is of a perishable nature, the Court may, if it
deems proper and expedient, order the immediate sale
thereof and the proceeds of the sale may be deposited
either with the Court, or as the Court may direct.”
Section 14, sub-section (2) shall be omitted.
Section 15,-
(i) in sub-section (1), the words “a schedule offence or any
other” shall be omitted; and
(ii) in sub-section (4) the words, “except cases covered by
anti-corruption laws”, shall be omitted.
“16. Disqualification to contest Election or to hold Public
Office.- Where an accused person is convicted for the
offence of corruption or corrupt practices under this Act,
he shall stand disqualified for a period of five years for
seeking, or from being elected, chosen, appointed or
nominated as a member or representative of any public
197
office, or any statutory or local authority of the

Government.”
“17. Trial of Offence.- (1) Notwithstanding anything contained
in any other law for the time being in force, any person
accused of an offence punishable under this Act, shall be
prosecuted for such offence by the Court and the case
shall be disposed of within 60 days, out of which twenty
days may be reserved for defence.
(2) The Court shall sit at Muzaffarabad.
(3) The Court shall have jurisdiction to try such
cases as referred to it by the Chairman or an officer
authorized in this behalf by him, under sub-section (7) of
Section 21 of this Act.
14. Substitution of Section 19, (Act I of 2001).- In the said Act, in
Section 19, the word “scheduled” shall be omitted.
15. Substitution of Section 20, (Act I of 2001).- In the said Act, in
Section 20, subsection (2) shall be omitted.
“21. Cognizance of Offences.- (1) The Court shall not take
cognizance of any offence under this Act, except on a
reference made by the Chairman or an officer of the
Ehtesab Bureau duly authorized by him.
(2) A reference shall be processed by the Ehtesab
Bureau under this Act on,-
(a) a reference received from the Government; or
(b) receipt of a complaint duly supported by an
affidavit along with a copy of CNIC of the
complainant:
Provided that the accused shall be
provided an opportunity of hearing prior to any
further action:
Provided further that a preliminary fact
finding inquiry in respect of an application or
complaint, as the case may be, shall be
conducted under the order of the Chairman and
198
in case it is found that such application is
frivolous, the Chairman shall initiate
proceedings against such complainant under
subsection (9).
(3) Where the Chairman is satisfied that it is
necessary and appropriate to initiate proceedings on the
basis of a fact finding inquiry in pursuant to a complaint,
or on a reference received from the Government which
prima facie establishing the commission of an offence,
he shall refer the matter for investigation, which shall be
completed expediently and reference to this extent shall
be submitted in the Court within the period as stipulated
in sub-section (6).
(4) The responsibility for inquiry or an investigation
of an offence alleged to have been committed under this
Act shall rest on the Ehtesab Bureau to the exclusion of
any other agency or authority, unless any such agency or
authority is required to do so by the Chairman.
(5) The Chairman shall, in case the accused person
does not voluntarily or on summoning by Ehtesab
Bureau avoids or refuses to appear or co-operate or
furnish the requisite record or information required to
complete the inquiry or investigation, as the case may be,
make a request to the Court for issuance of a warrant to
cause arrest of the accused person in order to fulfill the
purpose of expeditious completion of inquiry or
investigation.
(6) Any inquiry or investigation under this Act shall
be completed expeditiously within a period of one year:
Provided that the delay, if any, occurred due to
an act of the accused, that period shall be excluded in
computing the period of one year.
(7) The Chairman or an officer duly authorized by
him, shall appraise the material and the evidence
furnished through reference or in pursuant to a
complaint, placed before him during the inquiry and the
investigation, and if he decides that it is proper and just
to proceed further, he shall file reference before the
Court.
(8) If a complaint inquired into and investigated by
the Ehtesab Bureau has been found frivolous or
199
malicious or malafide, such complaint shall be rejected

and the complainant shall be proceeded against under
sub-section (9).
(9) If the complaint is found to be of frivolous
nature or is filed with malafide intention just to defame
the reputation of other person, the complainant shall be
liable to punishment with imprisonment for a term up to
one year, or with fine not exceeding five hundred
thousand rupees, but shall not be less than two hundred
thousand rupees, or with both.
(10) The concerned department shall prepare the
reference after proper scrutiny, containing relevant
record/documents, which prima-facie associates the
accused for the commission of an Offence and shall
submit to the Government for approval.
(11) The Ehtesab Bureau during the course of
inquiry, investigation, trial, or at any stage, shall not
make or issue a press release or statement against an
accused causing disrespect to him or his family.
Section 22,-
(i) the existing Section shall be re-numbered as sub-section
(1), and thereafter following proviso shall be added:-
“Provided that in case of official documents or
information, the Chairman may ask the concerned
Administrative Secretary for provision of such
documents or information, as the case may be.”
(ii) after sub-section (1), as re-numbered above, the
following new sub-section (2) shall be added:-
“(2) Notwithstanding anything contained in this Act,
the Ehtesab Bureau shall not have any jurisdiction in
respect of terms and conditions of civil servants,
including appointments, transfers and promotions
thereof.”
18. Omission of Section 23, (Act I of 2001).- In the said Act,
Section 23 shall be omitted.
19. Amendment of Section 25, (Act I of 2001).-In the said Act, in
Section 25, in sub-section (1) the comma and words “, or of his
own accord” shall be omitted.
200
20. Substitution of Section 27, (Act I of 2001).-In the said Act,
“27. Power to Arrest, etc.- (1) The Chairman or any officer
authorized in this behalf, may at any stage of the
investigation under this Act, request the Court for
issuance of a warrant of arrest of an accused and the
Court may issue such warrant of arrest.
(2) If the Chairman or an officer duly authorized by
him decides to refer the case to a Court, such reference
shall contain the substance of the offence alleged to have
been committed by the accused and a copy of such
reference shall be forwarded to the Court to which the
case has been sent to try the accused, and another copy
shall be delivered to the accused.
(3) The provisions of sub-section (1) shall also
apply to cases, which have already been referred to the
Court.
(4) Notwithstanding anything contained in the Code,
where the holder of a public office or any other person
accused of an offence is arrested by the Ehtesab Bureau
under sub-section (1) or under this Act, the Ehtesab
Bureau shall forthwith inform him of the grounds in
writing and substance on the basis of which he has been
arrested and produce him before the Court established
under this Act within a period of twenty four hours of
arrest excluding the time necessary for the journey from
the place of arrest to the Court and such person shall,
having regard to the facts and circumstances of the case,
be liable to be detained in the custody of the Ehtesab
Bureau for the purpose of inquiry and investigation for a
period not exceeding fourteen days:
Provided that, if further remand of an accused is
required on the basis of sufficient reasons and grounds,
the Ehtesab Bureau may request the Court for a further
period of custody not exceeding seven days:
Provided further that the accused arrested under
this Act shall not be released without a written order of
the Court.
(5) The Chairman Ehtesab Bureau may declare and
notify any place as a Police Station or a Sub-Jail at his
discretion.
201
(6) An accused person, if arrested under this Act,

shall not be handcuffed.”
the heading of section 30, the expression and words “/Plea-
Bargaining” shall be omitted.
Section 31, after first proviso, the following new proviso shall be
added:-
“Provided that where assistance is required from a
department or statutory body, the Chairman may ask the
concerned Administrative Secretary for such assistance.”
Section 32,-
(i) for sub-section (3), following shall be substituted,-
“(3) The provisions of Azad Jammu and Kashmir
Civil Servant Act, 1976 (Act VI of 1976) and Rules
made thereunder shall apply mutatis and mutandis to the
employees of the Ehtesab Bureau.”
(ii) Sub-section (4) shall be omitted;
(iii) in sub-section (5), for the words “President” the words
“Government” shall be substituted.
Section 35, sub-section (1) shall be substituted as under:-
“(1) Notwithstanding anything contained in any other law for
the time being in force, if any person, when required to do so,
does not consciously render assistance or information to the
Ehtesab Bureau or if any person concerned with the inquiry and
investigation and prosecution of a case consciously and
deliberately and with malice aforethought compromises,
hampers, misleads, jeopardizes or defeats an investigation of a
case under process before the Ehtesab Bureau or any concerned
agency or authority or Court, he shall be punished with an
imprisonment which may extend to three years.”
202
Section 37, shall be substituted as under:-
“37. Withdrawal from Prosecution.- Where at any stage of
the proceedings, the Chairman is of the opinion that the
ends of justice so require, he may direct the Chief
Prosecutor to withdraw from prosecution of any person,
completely or in respect of any one or more of the
offences for which he is tried, with the consent of the
Court, and upon such withdrawal,-
(i) if it is made before a charge has been framed, the
accused shall be discharged in respect of such
offence or offences; and
(ii) if it is made after a charge has been framed, he
shall be acquitted in respect of such offence or
offences.”
Section 40, sub-section (3) and (4) shall be omitted.
“42. Power to make Rules and Regulations.- (1) The
Government may make rules for carrying out the
purposes of this Act, except for the matters enumerated
in sub-section (2):
Provided that the departmental service rules, in
force at the time of commencement of this Act, shall
continue to be in force, as far as they are not inconsistent
with the Civil Servant Act or Rules made thereunder,
and be deemed to have been made under this Act, unless
altered, amended, modified or repealed.
(2) The Ehtesab Bureau, with the prior permission
of the Government, may make regulations for the
following purposes:-
(i) Procedure to conduct inquiry, investigation and
filing of reference before the Court under this
Act; and
(ii) Standard Operating Procedures (SOPs).”
203
31. Substitution of Section 45, (Act I of 2001).-In the said Act,

Section 45 shall be substituted as under,-
“45. Indemnity.-No suit, prosecution or any other proceeding
shall lie against the Government or Chairman Ehtesab
Bureau on exercising of any powers or performing any
function or any act or thing which has been done or
intended to be done in good faith under this Act or Rules
made thereunder.”
33. Omission of Schedule I and II, (Act I of 2001).- In the said
Act, Schedule-I and II shall be omitted.
Sd/-
204
Jammu and Kashmir Legislative Assembly on 30th January, 2020 and
received the assent of the President on the 16th day of February, 2020, is
(ACT XII OF 2020)
An
Act
to amend and consolidate the law relating to acquisition of land or other
properties for public purpose or for companies
WHEREAS, it is expedient to amend and consolidate existing
law relating to acquisition of land needed for public purposes or for
companies and for determining the amount of compensation to be made
on account of such acquisition;
PART-I
PRELIMINARY
1. Short title, Extent and Commencement:- (1) This Act may be
called the Azad Jammu and Kashmir Land Acquisition Act,
2020.
Kashmir.
2. Definitions:- In this Act, unless there is anything repugnant to
the subject or context;
(a) “Acquiring Agency” means any department of the
Government or any authority created or established by
the Government under a statute, or a ministry or a
department of Government of Pakistan or any authority
created or established under an Act of Parliament of
Pakistan or a Company as defined under clause (e) of
this Section for which Land may be acquired under this
Act;
(b) “Board of Revenue” means the Board of Revenue
established under the Azad Jammu and Kashmir Board
of Revenue Act, 1993 (Act III of 1993);
205
(c) “Collector” means an officer appointed as Collector

Land Acquisition by the Government or any officer
designated as such to whom powers are delegated by the
Azad Jammu and Kashmir Board of Revenue to perform
functions of a Collector under this Act;
(d) “Commissioner” means Commissioner of the Division
appointed under the West Pakistan Land Revenue Act,
1967 (Act XVII of 1967) as in force in Azad Jammu and
Kashmir or any other officer on whom powers are
conferred under said Land Revenue Act, to perform
functions of the Commissioner;
(e) “Company” means a company registered under the
Companies Ordinance, 1984, as in force in Azad Jammu
and Kashmir, or a statutory company incorporated by an
Act of the Legislature, or a company registered in
Pakistan under the law relating to companies and
permitted by the Government to carry on its business
within Azad Jammu and Kashmir and includes a society
registered under the Societies Registration Act, 1860, or
registered under Co-operative Societies Act, 1925, as
both are in force in Azad Jammu and Kashmir;
(f) “Court” means a Court of District Judge unless the
Government has appointed a special judicial officer,
within any specified local area for a particular class of
cases, to perform functions of the Court under this Act;
(h) “Land” includes things attached to the earth or
permanently fastened to anything attached to the earth
and benefits to arise out of the land;
(i) “Person Interested” includes all persons claiming an
interest in compensation to be made on account of the
acquisition of land under this Act; and a person shall also
be deemed to be interested in land if he is interested in
an easement attached to the land;
(j) “Public Purpose” means a purpose with a primary
object to benefit the people, in general, or with an object
to benefit a class of people who need resettlement or
uplift on account of their displacement in consequence of
some natural calamity or execution of some
developmental project or scheme funded by the
206
Government or by Government of Pakistan or by any
other relief agency having lawful permission.
(k) “Prescribed” means prescribed by the rules made under
this Act; and
(l) “Rules” means rules made by the Government under
this Act.
3. Acquisition of land by private treaty:- Notwithstanding
anything contained in this Act or in any other law for the time
being in force, provisions of this Act shall not be put in force for
compulsory acquisition of land for any Acquiring Agency unless
it is proved to the satisfaction of the district Collector that
acquisition of the land through private treaty was unsuccessful,
inexpedient or impracticable.
PART-II
SURVEY, COMPENSATION,
AWARD AND POSSESSION
4. Publication of preliminary notification and powers of officers
thereupon:- (1) Whenever it appears to the district Collector that
land in any locality is needed or is likely to be needed for a
Public Purpose or for a Company a notification to that effect
shall be published in the official Gazette, and the collector shall
cause public notice of the substance of such notification to be
given at convenient places in the said locality. Thereupon it shall
be lawful for any officer, either general or specially authorized
by the district Collector in this behalf, and for his servants and
workmen;
(i) to enter upon and survey and take levels of any land in
such locality;
(ii) to dig or bore into the subsoil;
(iii) to do all other acts necessary to ascertain whether the
land is suitable for such purpose;
(iv) to set out the boundaries of the land proposed to be taken
and the intended line of the work (if any) proposed to be
made thereon;
(v) to mark such levels, boundaries and lines by placing
marks and cutting trenches; and
(vi) to cut down and clear away any part or any standing
crop, fence or jungle where the survey otherwise cannot
207
be completed or the levels taken or the boundaries and

lines marked:
Provided that no person shall enter into any
building or upon any enclosed court or garden, attached
to a dwelling house (unless with the consent of the
occupier thereof) without previously giving such
occupier at least seven days’ notice in writing of his
intention to do so.
(2) The officer so authorized shall at the time of such entry
pay or tender payment for all necessary damages caused or to be
caused to the standing crops, trees, fences, bushes, land or to the
property on account of conduct of preliminary survey as
aforesaid. In case of dispute as to sufficiency of the amount so
paid or tendered, he shall at once refer the dispute for the
decision of the Collector or other chief revenue officer of the
district, and such decision shall be final.
(3) Any land lying within the municipal limits of town
committees, municipal committees or municipal corporations or
land located near rural townships meant for agricultural produce
or for fodder or for orchards or for growing vegetables shall not
be notified for acquisition for establishment of industrial units:
Provided that where Environmental Protection Agency
or any other Authority concerning the environmental protection
concurs through a formal “No Objection Certificate” that such
industrial unit shall not be injurious to public health or
environment, provision of this sub-section shall not apply.
5. Objections to the proposed acquisition:- (1) Any person
interested in any land which has been notified under Section 4,
may file objections, in writing, before the Collector regarding
proposed acquisition of the land within thirty days from the date
of issue of the notification.
(2) The Collector shall give the objector an opportunity of
being heard, either in person or by pleader, and shall, after
hearing all such objections and after making such further inquiry,
if any, as he thinks necessary, submit the case for decision of the
Commissioner together with record of the proceedings held by
him and a report containing his recommendations on the
objections. The decision of the Commissioner on the objections
shall be final. Where land is needed for a Company, the Collector
shall, after making such inquiries as he deems necessary, also
make his recommendations to the Commissioner with regard to
the size and area that in his opinion is reasonable for the purpose.
208
(3) If no objection is filed before the Collector within the
specified period of thirty days, he shall evaluate the Public
Purpose, size and area of the land proposed to be acquired and
shall submit his report to the Commissioner for making
declaration of intended acquisition within a maximum period of
ninety days from the date of notification under Section 4.
6. Declaration of intended acquisition of land for a public
purpose and measurement thereof:- (1) Subject to the
provisions contained in this Act when, after considering the
report, if any, made under Section 5, the Commissioner is
satisfied, that any particular land is needed for a public purpose
or for a company, a declaration shall be made to that effect by
the Commissioner or by some other officer duly authorized by
the Commissioner in this behalf.
(2) The declaration shall be published in the official
Gazette, and shall state the district or other territorial division in
which the land is situate, the purpose for which it is needed, its
approximate area, and, where a plan shall have been made of the
land, the place where such plan may be inspected. The said
declaration shall be conclusive evidence that the land is needed
for a public purpose or for a Company, as the case may be; and
after making such declaration, the Collector shall proceed to
acquire the land in the manner hereinafter appearing.
(3) When the area in respect of which the said declaration is
made is less than the area previously notified under sub-section
(1) of Section 4, such previous notification so far as it relates to
the excess area, shall be deemed to have been superseded by the
said declaration.
(4) The Collector shall thereupon cause the land, unless it
has already been marked out under Section 4, to be marked out.
He shall also cause it to be measured, and if no plan has been
made thereof, a plan to be made of the same.
7. Price assessment of land, building and trees etc:- (1) The
Collector, shall work out market price of land to be acquired
under this Act keeping in view,-
(i) classification of land i.e. agricultural, residential or
commercial;
(ii) kind of soil where land is agricultural;
(iii) location of the land where it is residential or commercial;
and
209
(iv) average market price of similar kind of land located

similarly.
(2) Average market price of land to be acquired shall be
ascertained on the basis of bona-fide transactions of sale and
purchase of land taken place, in the same locality, estate or
village, as the case may be, within a period of one year preceding
the date of issue of notification under Section 4 and where no
such transaction is available in such locality, estate or village the
land alienation transactions of sale and purchase taken place in
the adjoining locality, estate or village may be made basis of
such ascertainment.
(3) For purpose of ascertaining average market price of the
land, subject to the provisions contained in this Section, unless
proved otherwise, all bona-fide transactions of sale and purchase
of an area;
(i) up to four marlas shall be deemed to be commercial
transactions;
(ii) more than four marlas to two kanals shall be considered
transactions for residential purpose; and
(iii) more than two kanals shall always be deemed to be
agricultural transactions.
(4) For the purpose of this Section;
(i) all lands under consecutive cultivation till last harvest
next preceding to the notification under Section 4 and all
cultivable land but unsown for last twelve or less harvest
next preceding to the notification, as aforesaid, recorded
as Banjar, Bandar Khams or Bandar Jaded, shall be
evaluated subject to their kind of soil;
(ii) all lands not under cultivation for more than twelve
consecutive harvests and recorded as such in the crop
inspection register (Girdawari), kept with the patwari of
the revenue department shall be classed as banjar
qadeem and be evaluated accordingly;
(iii) all lands which are waste, barren or under roads, tanks,
streams, canal, graveyards or other structure or lands
which are barren sands or ravines and permanently
uncultivable shall be classed as Ghair-Mumkin and be
evaluated accordingly;
(iv) all lands occupied as site of town or village or under the
houses or situated within site of a town or village, either
210
cultivated or not, shall be classed as residential and be
evaluated accordingly; and
(v) all lands situated alongside the roads passing though
sites of towns or villages and under direct use for
commercial activities or situated in the areas generally
used for carrying on commercial activities may be
classed as commercial and be evaluated accordingly.
(5) Cost or price of buildings, houses, wells, tanks, other
structures, orchards, fruit trees, ornamental plants, timber or
forest trees or bushes or other botanical plants or crops situated
in or standing on the land shall be evaluated by the respective
professional and technical personnel of the concerned
department.
(6) For such assessment as referred to in the preceding sub-
section (5), professional and technical members shall be guided
by the procedures and principles laid down for similar kind of
assessment in the Government departments of public works,
agriculture and forestry.
(7) In determining the amount of compensation to be
awarded for land to be acquired under this Act, the Collector
shall take into consideration;
(i) the damage sustained by the person interested, by reason
of the taking of any standing crops or trees which may be
on the land at the time of taking possession thereof;
(ii) the damage, if any, sustained by the person interested, at
the time of taking possession of the land, by reason of
severing such land from his other land;
(iii) the damage, if any, sustained by the person interested, at
the time of taking possession of the land, by reason of
the acquisition injuriously affecting his other property,
moveable or immovable, in any other manner, or earning
from such other property;
(iv) if, in consequence of acquisition of land, the person
interested is compelled to change his residence or place
of business, the reasonable expenses, if any, incidental to
such change;
(v) the economic loss, if any, sustained by the person
interested in case of closure of the business in
consequence of acquisition of land which shall always
211
not be more than the net income of one preceding year;

and
(vi) the damage, if any, bona-fide resulting from diminution
of profits of the land between the time of publication of
the declaration under Section 6 and the time of taking
possession of the land.
(8) In determining the amount of compensation to be
awarded for land to be acquired under this Act, the Collector
shall not take into consideration;
(i) the degree of urgency which has led to the acquisition;
(ii) any disinclination of the person interested to part with
the land acquired;
(iii) any damage which sustained by him which, if caused by
a private person, would not render such person liable to a
civil suit;
(iv) any damage which is likely to be caused to the land
acquired, after the date of publication of declaration
under Section 6, by or in consequence of the use to
which it will be put;
(v) any increase to the value of the land acquired likely to
accrue from the use to which it will be put when
acquired;
(vi) any increase to the value of the other land of the person
interested likely to accrue from the use which the land
acquired will be put; or
(vii) any outlay or improvements commenced, made or
effected on, or disposal of the land to be acquired
without sanction of the Collector after the date of issue
of notification under Section 4.
(9) The Collector shall, in addition to the market-value of
the land determined as aforesaid, in every case of acquisition of
land for a public purpose, award a sum of fifteen per centum on
such market-value, in consideration of compulsory nature of the
acquisition. Where land is acquired for a company the rate of
compulsory acquisition charges shall be twenty five per centum
of the market value of the land.
8. Determination of compensation and provision of funds
thereof:- (1) After hearing objections, if any, regarding valuation
of the land, from the person interested or Acquiring Agency, as
212
the case may be, made in response to the notices issued under the
succeeding section, the Collector shall, subject to the provisions
of Section 9, finalize unit price of the land and determine whole
amount of compensation thereof.
(2) Price evaluated and compensation determined in
accordance with the provisions of this Act shall be approved in
the manner as may be prescribed.
(3) The Acquiring Agency shall provide funds to the district
Collector required for payment of compensation of the land as
determined under sub-section (1) of this Section, who shall place
the same at the disposal of the Collector conducting acquisition
proceedings which shall, for safe custody, be kept in the official
account of the Collector to be maintained with the National Bank
of Pakistan or Bank of Azad Jammu and Kashmir, as the case
may be.
(4) No award shall be pronounced unless money required for
payment of compensation is deposited with the Collector.
9. Notice to persons having interest in the land:- (1) The
Collector shall then cause a public notice to be given at
convenient places on or near the land to be taken, stating that on
behalf of the Government, the Commissioner intends to take
possession of the land, and that claims to compensation for all
interests in such land may be made to him.
(2) Such notice shall state particulars of the land so needed,
and shall require all persons interested in the land to appear
personally or by agent before the Collector at a time and place
therein mentioned which shall not be earlier than fifteen days
from the date of publication of the notice. The notice shall
require the interested persons to state the nature of their
respective interests in the land and the amount and particulars of
their claims to compensation for such interests and their
objections, if any, to the measurements made under Section 6.
The Collector may in any case require such statement to be made
in writing and signed by the party or his agent.
(3) The Collector shall also serve notice to the same effect
on the occupier, if any, of such land and on all such persons
known or believed to be interested therein, or to be entitled to act
for persons so interested, or lawful agents authorized to receive
service on their behalf, within the revenue district in which the
land is situate.
213
(4) In case any person so interested resides elsewhere, and

has no such agent, the notice shall be sent to him by post in a
letter addressed to him at his last known residence, address or
place of business.
10. Power to require and enforce the making of statement as to
names and interests:- (1) The Collector shall also serve notice
of the enquiry to be held under this Act not less than fifteen days
prior to the date fixed under sub-section (2) of Section 9, for
determination of claims and objections, on the Acquiring Agency
and require it to depute a duly authorized representative to attend
the enquiry on its behalf for the purpose of making objections, if
any, to the measurement of the land, claims to any interest in the
land or the amount of any compensation. The acquiring agency
shall be deemed to be a party to the proceedings represented
through such authorized agent.
(2) The Collector may also require any person to make or
deliver to him, at a time and place mentioned, which shall not be
earlier than fifteen days from the date of the requisition, a
statement containing, so far as may be practicable, the name of
every other person possessing any interest in the land or any part
thereof as co-proprietor, sub-proprietor, mortgagee, tenant or
otherwise, and of the nature of such interest, and of the rents and
profits, if any, receive or receivable on account thereof for three
years next preceding the date of the statement.
(3) Every person required to make or deliver a statement
under this Section or Section 9 shall be deemed to be legally
bound to do so within the meaning of Section 175 and 176 of the
Azad Penal Code, 1860 (Act XLV of 1860).
11. Enquiry and award by Collector:- (1) On the day so fixed, or
on any other day to which the enquiry may be adjourned, the
Collector shall proceed to enquire into the objections, if any,
made pursuant to a notice given under Section 9 to the
measurement of the area of land to be acquired made under sub-
section (4) of Section 6 and into respective interests of the
persons claiming compensation and shall make an award under
his hand of true area of the land, the compensation which in his
opinion should be allowed and apportionment of the said
compensation among all the persons known or believed to be
interested in the land of whom or of whose claims, he has
information, whether or not they have respectively appeared
before him.
214
(2) In case of large scale acquisition, if Collector does not
specify apportionment in the award he shall cause to be prepared
village wise apportionment registers which shall be deemed to be
integral part of the award.
12. Award of the Collector when to be final:- (1) Award made
under Section 11 shall except as hereinafter provided be final and
conclusive evidence as among the Collector, the acquiring
agency and the persons interested, whether they have
respectively appeared before the Collector or not, of the true area
and value of the land, and apportionment of compensation
among the persons interested which shall be entered in a bound
register, to be kept for the purpose in the Collector’s office and
be numbered consecutively.
(2) The Collector shall give immediate notice of his award
to all such persons, individually, in whose name apportionment
of compensation has been made and may fix a date therein to
open payment of compensation under the award.
(3) Notwithstanding anything contained in the preceding
sub-sections or elsewhere in this Act, the Collector shall cause a
notice of his award to be affixed or displayed on the conspicuous
places of the locality, village or the estate of which land was
acquired for general information of the public.
13. Adjournment of enquiry:- The Collector may, for the reasons
to be recorded, from time to time adjourn the enquiry to a day to
be fixed by him.
14. Power to summon and enforce attendance of witness and
production of document:- For the purpose of inquires under
this Act, the Collector shall have power to summon and enforce
the attendance of witnesses, including the parties interested or
any of them, and to compel the production of documents by the
same means, and so far as may be applicable, in the same
manner, as is provided in the case of a Civil Court under the
Code of Civil Procedure, 1908 (Act V of 1908), as in force in
15. Power to take possession and vesting of the land:- When the
Collector has made an award under Section 11, he may, take
possession of the land, which shall thereupon vest absolutely in
the Government free from all encumbrances.
16. Incorporation of award into the land records:- (1) On
completion of process for taking possession of the land acquired,
the Collector shall transmit a certified copy to the Collector of
215
the district in whose jurisdiction acquired land is situated for

incorporation of the award into revenue record of the estate
concerned.
(2) On receipt of certified copy of the award, the district
Collector shall cause it to be incorporated into the revenue record
through a mutation to be sanctioned by the revenue officer of the
area concerned.
17. Special powers in cases of urgency:- (1) In cases of urgency
whenever the Commissioner so directs, the Collector, though
no such award has been made, may, on the expiration of fifteen
days from publication of the notice under Section 9, take
possession of the land needed for public purpose or for a
company:
Provided that the Commissioner shall not issue any such
direction under this Section unless the acquiring agency has
placed funds at disposal of the Collector for payment of
compensation of land to be acquired as determined in accordance
with the provisions of this Act.
(2) Whenever, owing to any sudden change in the channel of
any navigable river or other unforeseen emergency, it becomes
necessary for any department of the Government or Government
of Pakistan or any authority or company, as the case may be, to
take, immediately, possession of any land for the maintenance of
vehicular traffic on a public road or for the purpose of making a
river side safety bund, the Collector may, immediately after
publication of notice under Section 9 and with the previous
sanction of the Commissioner, enter upon and take possession of
such land:
Provided that the Collector shall not take possession of
any building or part of a building under this Section without
giving to the occupier thereof at least seventy two hours notice of
his intention of doing so, or such longer notice as may be
reasonably sufficient to enable such occupier to remove his
movable property from such building without unnecessary
inconvenience.
(3) In every case under either of the preceding sub-
sections the Collector shall, at the time of taking possession
offer to the persons interested compensation for the standing
crops and trees, if any, on such land and for any other damage
sustained by them caused by such sudden dispossession. In
case such offer is not accepted, the value of such crops and
trees and the amount of such other damages, as the case may
216
be, shall be allowed by the Collector while awarding
compensation for the land under the provisions of this Act.
(4) In case of any land to which, in the opinion of the
Commissioner, the provisions of this section may be made
applicable, the Commissioner may direct that the provisions of
Section 5 and 6 shall not apply, and, if he does so direct, a
declaration may be made under Section 6 in respect of such
land within time stipulated under this Act after publication of
notification under Section 4.
PART–III
REFERENCE TO COURT AND
PROCEDURE THEREON
18. Reference to the Court:- (1) Any person interested who has not
accepted the award may, by written application to the Collector,
require that the matter be referred for determination by the Court,
regarding measurement of the land or amount of the
compensation awarded or the person to whom it is payable, or
apportionment of compensation among the persons interested:
Provided that any person who has received compensation
in accordance with the apportionment made by the Collector
otherwise than under protest, shall not be entitled to make any
application under this Section.
(2) The applicant shall prepare separate pleadings addressed
to the Court who shall state grounds on which objection or
objections to the award are raised which shall be attached with
application to be preferred by the person interested under the
preceding sub-section:
Provided that every such application shall be made,-
(a) If the person making it was present or represented before
the Collector at the time when he made his award, within
sixty days from the date of the Collector’s award; and
(b) Where the interested person was not present at the time
of making award or notice was not issued under Section
12, within six months from the date of the Collector’s
award or from the date of knowledge whichever shall
expire earlier.
(3) Subject to the provisions contained in this Act while
computing period of limitation provisions of the Limitation Act,
1908 (Act IX of 1908), as in force in Azad Jammu and Kashmir
217
shall apply mutatis mutandis to all the proceedings under this

Act.
19. Parties to the pleadings: (1) Where pleadings or objections of
the applicant filed under Section 18 relate to measurement of the
land or area acquired, the applicant shall, in his pleadings
prepared under the preceding section, expressively mention the
Collector, the acquiring agency and such other persons against
whom he claims relief as party to the reference case.
(2) Where pleadings or objections of the applicant filed
under Section 18 relate to sufficiency of amount of compensation
awarded, the applicant shall, in his pleadings prepared under the
preceding section expressively mention, the Acquiring Agency
and such other person against whom he claims relief as party to
the reference case except the Collector.
(3) Where the pleadings relate to the entitlement of one or
more persons for compensation to whom it is payable, or
apportionment thereof among the persons interested, all such
persons against whom relief is claimed shall be mentioned as
parties to the reference case except the Acquiring Agency and
the Collector.
20. Collector’s statement regarding reference case:- On receiving
application under Section 18 for making a reference, the
Collector shall prepare para-wise comments and send the same to
the Court along with the reference in light of the pleadings of the
person interested in addition to the following information:
(a) the situation and extent of the land, with particulars of
any trees, building or standing crops thereon;
(b) the names of the persons whom he has reason to think
interested in such land;
(c) the amount awarded for damages and paid or tendered
under Section 5 and 17, or either of them, and the
amount of compensation awarded under section 11;
(d) if the objection be to the amount of compensation, ground
on which the amount of compensation was determined;
and
(e) schedule giving the particulars of the notices served
upon, and the statements, in writing, made or delivered
by the parties interested respectively during course of
inquiry made under this Act.
218
21. Filing of reference in the Court:- (1) On receipt of application
for reference the Collector shall examine the pleadings and shall
ascertain whether the application is within the period allowed
under this Act, for filing such applications, and shall file the
reference in the Court.
(2) Where the Collector is satisfied that pleadings of the
applicant are not in proper form he shall require the applicant to
bring his pleadings into proper form and where the period
allowed for filling such applications has lapsed he shall dismiss
the reference application.
(3) Every reference case shall be filed in the Court within a
period of thirty days from the date of receipt thereof in the office
of the Collector.
(4) The Court shall, thereupon, cause a notice specifying the
day on which the Court will proceed to determine the objection,
and direct their appearance before the Court on that day, to be
served on the following persons, namely:-
(a) the applicant;
(b) all persons who may be interested in the objection,
except such, if any, of them as have consented without
protest to receive payment of the compensation awarded;
(c) where the application relates to measurement of the land
or amount of the compensation, the Collector and
Acquiring Agency; and
(d) where application relates to the entitlement or
apportionment of compensation among the persons
interested, applicant and all such persons against whom
relief was claimed.
22. Restriction on scope of proceedings:- (1) The Court shall,
before regular hearing of the reference case, hold a preliminary
inquiry on the day fixed in the notice issued under the preceding
section and shall determine whether the case requires further
adjudication keeping in view that inquiry in every such
proceeding shall be restricted to a consideration of the interests
of the persons to be affected by the objection if not heard and
comments offered by the Collector.
(2) Every such proceeding shall take place in open Court,
and all persons entitled to practice in any Civil Court in Azad
Jammu and Kashmir as pleader or advocate shall be entitled to
appear, plead and act, as the case may be, in such proceeding.
219
23. Rules as to amount of compensation:- (1) When the applicant

has made a claim to compensation, pursuant to any notice given
under Section 9, the amount awarded to him by the Court shall
not exceed the amount so claimed or be less than the amount
awarded by the Collector under Section 11.
(2) When the applicant has refused to make such claim or
has omitted without sufficient reason to make such claim, the
amount awarded by the Court shall in no case exceed the amount
awarded by the Collector.
(3) When the applicant has omitted for a sufficient reason to
be allowed by the Judge to make such claim, the amount
awarded to him by the Court shall not be less than, and may
exceed, the amount awarded by the Collector.
24. Form of awards:- (1) Every award under this part shall be in
writing, signed by the Judge and shall specify the amount
awarded under each clause of Section 7, distinctively, together
with the grounds of awarding each of the said amounts.
(2) Every such award shall also state the amount of costs
incurred in the proceedings under this part, and by what persons
and in what proportions those are to be paid.
(3) Every such award shall be deemed to be a decree and the
statement of the grounds of every such award a judgment within
the meaning of provisions contained in the Code of Civil
Procedure, 1908, (Act V of 1908), as in force in Azad Jammu
and Kashmir.
(4) Every award of the Court shall be pronounced within a
period of one hundred and eighty days from the date of filing of
reference application by the Collector.
25. Provision of funds for enhanced compensation:- (1) Where the
Court does not uphold award of the Collector and compensation
money is enhanced, the Acquiring Agency or Company, as the
case may be, shall be bound to deposit the sum enhanced into the
Court within a period of one hundred and twenty days from the
date of award thereof.
(2) Where Acquiring Agency or Company does not comply
with the provisions contained in this section, it shall, in addition
to the proceedings which may be initiated against such Acquiring
Agency or Company under this Act or under any other law for
the time being in force relating to realization of enhanced sum,
be liable to pay an additional amount as fine on such enhanced
amount at a rate of ten per centum per annum from the date of its
220
taking possession of the acquired land or other property till the
date of payment of such enhanced sum.
the time being in force, in a case where the proprietary rights
over acquired land are retained with the Government and the
land is transferred or is made available to a Company, authority,
statutory body etc., for perpetual or temporary use, such
Company, authority, statutory body etc., shall be responsible to
provide the actual or enhanced compensation:
Provided that where such Company, authority, statutory
body etc, fails to provide the actual or enhanced compensation
funds, such Company, authority, statutory body etc., shall be the
sole responsible for all legal consequences:
Provided further that no property of the Government
shall be attached in any legal proceeding or in execution of a
decree in lieu of nonpayment of amount of award or enhanced
compensation; however the government shall be responsible to
execute the decrees issued against the company, authority,
statuary bodies etc.
26. Payment of Costs:- (1) When award of the Collector is not
upheld, the cost of the case shall ordinarily be paid by the
Acquiring Agency, unless the Court shall be of opinion that the
claim of the applicant was so extravagant or that he was so
negligent in putting his case before the Collector that some
deduction from his costs should be made.
(2) If the sum which in the opinion of the Court, the
Collector ought to have awarded as compensation is in excess of
the sum which the Collector did award as compensation, the
award of the Court may direct that the Acquiring Agency shall
pay cost on such enhanced amount at the rate of six per centum
per annum from the date on which possession of the land was
taken to the date of payment of such excess amount into the
Court.
27. Reference of disputes to the Court as to title or
apportionment:- When the amount of compensation was settled
under Section 11, if any dispute arises as to the apportionment of
the same or any part thereof, or as to the person to whom the
same or any part thereof is payable, the Collector may refer such
dispute to the decision of the Court.
28. Realization of money enhanced by the Court:- Where the
Acquiring Agency is failed to deposit sum enhanced, as
221
aforesaid, the Court may effect recovery of such sum from the
acquiring agency in accordance with the procedure laid down in
the Code of Civil Procedure, 1908, (Act V of 1908), as in force
in Azad Jammu and Kashmir, for recovery of moneys from the
judgment debtors through execution of decrees of civil courts
against officers of the Government:
Provided that no official or officer of the Government
shall be liable to arrest and detention in execution of a decree
issued under this Act unless it is proved to the satisfaction of the
Court that he has personally been defying, or willfully offers
obstruction to the execution of, such decree.
Explanation:- For the purposes of this section all persons
employed in the service of the Government and responsible for
approval, arrangement and provision of enhanced funds shall
always be deemed to be judgment debtors.
PART–IV
PAYMENT, DEPOSIT AND INVESTMENT
OF COMPENSATION MONEY
29. Payment of compensation or deposit of same in the Court:-
(1) On making an award under Section 11, the Collector shall
tender payment of the compensation awarded by him to the
person interested entitled thereto according to the award, and
shall pay it to them, unless prevented by some one or more of the
reasons mentioned in the next sub-section.
(2) If they do not consent to receive it, or if there be no
person competent to alienate the land, or if there be any dispute
as to the title to receive the compensation or as to the
apportionment of it, the Collector may deposit amount of the
compensation in the Court to which a reference under Section 18
would be submitted:
Provided that any person admitted to be interested may
receive such payment under protest as to the sufficiency of the
amount.
30. Liability to reimbursement:- (1) Nothing herein contained shall
affect the liability of any person who has received the whole or
any part of any compensation awarded under this Act, not
lawfully entitled thereto, to reimburse the same to the Collector
for its payment to the person lawfully entitled thereto.
(2) Where any person liable to reimburse any sum, as
aforesaid, does not comply with the provisions of sub section (1)
of this Section, the sum so recoverable shall be recovered by the
222
Collector as arrears of land revenue and provisions of West
Pakistan Land Revenue, Act, 1967, (Act XVII of 1967) as in
force in Azad Jammu and Kashmir shall apply mutatis mutandis.
31. Alternate arrangements in lieu of monetary compensation:-
(1) Notwithstanding anything contained in this Act the Collector
may, with the sanction of the Commissioner, instead of awarding
a money compensation in respect of any land, make any
arrangement with a person having a limited interest in such land,
either by the grant of the lands in exchange, the remission of land
revenue on other lands held under the same title, or in such other
way as may be equitable having regard to the interests of the
parties concerned.
(2) Nothing in the last foregoing sub-section shall be
construed to interfere with or limit the power of the Collector to
enter into any arrangement with any person interested in the land
and competent to contract in respect thereof.
32. Investment of money deposited in respect of lands belonging
to persons incompetent to alienate:- If any money shall be
deposited in Court under sub-section (2) of Section 30 and it
appears that the land in respect whereof the same was awarded
belonged to any person who had no power to alienate the same,
the Court shall,-
(a) order the money to be invested in the purchase of other
lands to be held under the like title and conditions of
ownership as the land in respect of which such money
shall have been deposited was held; or
(b) if such purchase cannot be effected forthwith, then in
such Government or other approved securities as the
Court may think fit; and shall direct the payment of
proceeds arising from such investment to the person or
persons who would, for the time being, have been
entitled to possession of the said land, and such moneys
shall remain so deposited and invested until the same be
applied,-
(i) in the purchase of such other lands as
aforesaid; or
(ii) in payment to any person or persons
becoming absolutely entitled thereto.
33. Investment of moneys deposited in other Cases:- When any
money shall have been deposited in Court under this Act for any
223
cause other than that mentioned in the last preceding section, the
Court may, on the application of any party interested or claiming
an interest in such money, order the same to be invested in such
Government or other approved securities as it may think proper
and may direct the interest, profit or other proceeds, as the case
may be, of any such investment to be accumulated and paid in
such manner as it may consider just which will give the parties
interested therein the same benefit there from as they might have
had from the land in respect whereof such money shall have been
deposited or as near thereto as may be.
34. Indemnification of loss caused by delayed payment:- (1)
When the amount of compensation is not paid or deposited on or
before taking possession of the land, the Collector shall pay an
amount, in addition to the compensation awarded, at a rate of six
per centum per annum from the time of so taking possession until
it shall have been so paid or deposited to indemnify the loss
caused by delayed payment.
(2) Funds required for indemnification of loss would be
provided to the Collector by the Acquiring Agency as determined
under the provisions of preceding sub-section (1).
PART–V
TEMPORARY ACQUISITION OF LAND
35. Temporary occupation of waste or arable Land:- (1) Subject
to the provisions of this Act whenever it appears to the
Commissioner that the temporary occupation and use of any
waste or arable land is required for any public purpose, or for a
Company, the Commissioner may direct the Collector to procure
the occupation and use of the same for such term as it shall think
fit, not exceeding three years from the commencement of such
occupation.
(2) The Collector shall thereupon give notice in writing to
the persons interested in such land of the purpose for which the
same is needed, and shall, for the occupation and use thereof for
such term as aforesaid, and for the materials, if any, to be taken
therefrom, pay to them such compensation, either in a gross sum
of money, or by monthly or other periodical payments as shall be
agreed upon in writing between him and such persons
respectively.
(3) In case the Collector and the persons interested differ as
to the sufficiency of the compensation or apportionment thereof,
the Collector shall refer such difference to the Court for decision.
224
36. Power to enter and take possession, and compensation on
restoration:- (1) On payment of such compensation, or on
executing such agreement or on making a reference under sub-
section (3) of Section 36, the Collector may enter upon and take
possession of land, and use or permit the use thereof in
accordance with the terms of the said notice.
(2) On the expiration of the term, the Collector shall make or
tender to the persons interested compensation for the damage, if
any, done to the land and not provided for by the agreement, and
shall restore the land to the persons interested therein:
Provided that, if the land has become permanently unfit
to be used for the purpose for which it was used immediately
before the commencement of such term, and if the persons
interested shall so require, the Commissioner shall proceed under
this Act to acquire the land as if it was needed permanently for a
public purpose or for a company.
(3) In case the Collector and persons interested differ as to
the condition of the land at the expiration of the term, or as to
any matter connected with the said agreement, the Collector shall
refer such difference to the Court for decision.
PART–VI
ACQUISITION OF LAND FOR COMPANIES
37. Permission for acquisition and survey:- (1) Where a Company
make a request for invoking provisions of this Act for acquisition
of Land for purposes of a Company, the Commissioner shall
cause an investigation to be made by the Deputy Commissioner
of the district concerned, regarding entity of the company and
feasibility of the project, as ascertained by the concerned
department, permission for establishment of the industry from
the Government or concerned ministry of Government of
Pakistan, as the case may be, and quantum of land proposed for
acquisition. Permission for invoking provisions of this Act may
be granted after careful consideration of investigation report, as
aforesaid by the Commissioner. Where the Commissioner allows
application, the case would be forwarded to the district Collector
for further proceedings.
(2) The Commissioner may authorize an officer of the
Company desiring to acquire land for its purposes to exercise the
powers conferred by Section 4 of this Act.
(3) In every such case Section 4 shall be construed as if for
the words for any public purpose the words “for the purposes of
225
company” were substituted; and sub-section (2) of section 4 shall

be construed as if after the words “he officer” the words “of the
company” were inserted.
38. Industrial concern to be deemed company for certain
purposes:- An industrial concern ordinarily employing not less
than one hundred workmen owned by an individual or by an
association of individuals and not being a company, desiring to
acquire land for the erection of dwelling houses for workmen
employed by the concern or for the provision of amenities
directly connected therewith shall, so far as concerns the
acquisition of such land be deemed to be a company for the
purposes of this part, and the references to company in other
provisions of this Act shall be interpreted as references also to
such concern.
39. Declaration to be issued after execution of agreement:- (1)
Declaration under the provisions contained in Section 6 of this
Act to acquire land for a company shall not be issued unless the
company shall have executed the agreement hereinafter
mentioned.
(2) Where the Commissioner is not satisfied with the report
of the Collector furnished under Section 5 of this Act he may
direct an officer to hold any inquiry as hereinafter provide,-
(a) that the purpose of the acquisition is to obtain land for
the erection of dwelling houses for workmen employed
by the company or for the provisions of amenities
directly connected therewith; or
(b) that such acquisition is needed for the construction of
some work and that such work is likely to prove useful to
the public; or
(c) that the purpose of acquisition is to obtain land for
establishment of such an industrial unit which may be
proved useful for national economic development.
(3) Such enquiry shall be held by such officer at such time
and place as the Commissioner shall appoint. Officer conducting
inquiry may summon and enforce the attendance of witnesses
and compel production of documents by the same means and as
far as possible in the same manner as is provided by the Code of
Civil Procedure, 1908 (Act V of 1908), as in force in Azad
Jammu and Kashmir in the case of a civil court.
40. Agreement with Government:- If the Commissioner is satisfied
after considering the report, if any, of the Collector under Section
226
5 or on the report of the officer making inquiry under the
preceding section that the purpose of the proposed acquisition is
to obtain land for erection of dwelling houses for workmen
employed by the company or for the provision of amenities
directly connected therewith, or that the proposed acquisition is
needed for the construction of a work and that such work is
likely to prove useful to the public or that the purpose of
acquisition is to obtain land for establishment of such an
industrial unit which may be proved useful for economic
development, he shall require the company to enter into an
agreement with the Government, providing to the satisfaction of
the Commissioner for the following matters, namely;--
(i) the payment to the Commissioner of the cost of the
acquisition;
(ii) the transfer of land to the company on payment of costs;
(iii) the terms on which the land shall be held by the
company;
(iv) where the acquisition is for the purpose of erecting
dwelling houses or the provision of amenities connected
therewith, the time within which, the conditions on
which and the manner in which the dwelling houses or
amenities shall be erected or provided;
(v) where the acquisition is for construction of any other
work, the time within which and the conditions on which
the work shall be executed and maintained, and the terms
on which the public shall be entitled to use the work; and
(vi) where the acquisition is for installation of a useful
industrial unit, the time within which, the conditions on
which and the manner in which the proposed project
would be completed, controlled, managed and run.
41. Publication of agreement:- Every such agreement shall, as
soon as may be after execution, be notified and published in the
official Gazette and shall thereupon so far as regards the terms on
which the public shall be entitled to use the work have the same
effect as it had formed part of this Act.
PART–VII
MISCELLANEOUS
42. Sovereign and Proprietary Rights of Government over
Acquired Land in certain cases:- Notwithstanding anything
contained in this Act or in any other law for the time being in
227
force, the Government shall have the sovereign and proprietary

rights over the land which has been acquired for a Company,
which is not a State Subject within the meaning assigned to this
term in the Azad Jammu and Kashmir Interim Constitution,
1974, or Federal Government or a Provincial Government of
Pakistan or a Company, authority, statutory body etc., of
Pakistan
43. Inquires under the Act to be deemed judicial proceedings: -
(1) Every proceeding by the Collector under this Act shall be
deemed to be a “judicial proceeding” within the meaning of
Section 193, 219 and 228 of the Azad Kashmir Penal Code, (Act
XLV of 1860), and the Collector while holding an inquiry or
proceeding with a matter under this Act shall be deemed to be a
court for the purposes of such inquiry or proceeding.
(2) Every hearing and decision in such inquiry shall be in
public, and the parties or their authorized agents shall have due
notice to attend.
44. Service of Notices:- (1) Service of any notice under this Act
shall be made by delivering or tendering a copy thereof signed,
in the case of a notice under Section 4, by the officer therein
mentioned, and, in the case of any other notice, by or by order of
the Collector or the Judge.
(2) Whenever it may be practicable the service of the notice
shall be made on the person therein named.
(3) When such person cannot be found, the service may be
made on any adult male member of his family residing with him;
and, if no such adult male member can be found the notice may
be served by fixing the copy on the outer door of the house in
which the person therein named ordinarily dwells or carries on
business, or by fixing a copy thereof in some conspicuous place
in the office of the officer aforesaid or of the Collector or in the
court-house, and also in some conspicuous part of the land to be
acquired:
Provided that, if the Collector or Judge shall so direct a
notice may be sent by post in a registered letter addressed to the
person named therein, at his last known residence, address or
place of business, and service of it may be proved by the
production of the addressee’s receipt.
45. Penalty for obstructing acquisition of Land: - Whoever
willfully obstructs any person, in doing any of the acts authorized
under this Act, or willfully fills up, destroys, damages or
228
displaces any trench or mark made under Section 4, shall, on
conviction before a Magistrate, be liable to imprisonment for any
term not exceeding three years, or to fine not exceeding thirty
thousand rupees or to both.
46. Magistrate to enforce surrender:- If the Collector is opposed
or impeded in taking possession under this Act of any land, he
shall, if a Magistrate, enforce the surrender of the land to himself
and, if not a Magistrate, he shall apply to a Sub-Divisional
Magistrate and such Magistrate or any other Magistrate
authorized by him shall enforce the surrender of the land to the
Collector.
47. Acquisition of partially affected land, house or building:- (1)
The provisions of this Act shall not be put in force for the
purpose of acquiring a part only of any house, manufactory or
other building, if the owner desires that the whole of such house,
manufactory or building shall be so acquired:
Provided that the owner may, at any time before the
Collector has made his award under Section 11, by notice in
writing withdraw or modify his expressed desire that the whole
of such house, manufactory or building shall be so acquired:
Provided further that, if any question shall arise as to
whether any land proposed to be taken under this Act, does or
does not form part of a house, manufactory or building within the
meaning of this Section, the Collector shall refer the
determination of such question to the Court and shall not take
possession of such land until after the question has been
determined;
In deciding on such a reference, the Court shall have
regard to the question whether the land proposed to be taken is
reasonably required for the full and unimpaired use of the house,
manufactory or building.
(2) If any person interested claims compensation on account
of severing of the land to be acquired from his other land and the
Commissioner is of opinion that the claim is unreasonable or
excessive, he may, at any time before the Collector has made his
award, order acquisition of whole of the land of which the land
first sought to be acquired forms a part.
(3) In the case last hereinbefore provided for, no fresh
declaration shall be necessary, but the Collector shall without
delay furnish a copy of the order of the Commissioner to the
229
persons interested, and shall thereafter proceed to make his

award under Section 11.
48. Acquisition of land at cost of a local authority or company:-
(1) Where the provisions of this Act are put in force for the
purpose of acquiring land at the cost of any fund controlled or
managed by a local authority or of any company, the charges of
and incidental to such acquisition shall be defrayed from or by
such fund of the authority or company as the case may be.
(2) In any proceeding held before a Collector or Court in
such cases the local authority or company concerned may appear
and adduce evidence for the purpose of determining the amount
of compensation.
49. Withdrawal from acquisition before possession:- (1) The
Acquiring Agency shall be at liberty to withdraw from the
acquisition of any land of which possession has not been taken.
(2) Whenever the Acquiring Agency withdraws from any
such acquisition, the Collector shall determine the amount of
compensation due for the damage sustained by the owner in
consequence of the notice or of any proceeding thereunder, and
shall pay such amount to the person interested, together with all
costs reasonably incurred by him in prosecution of the
proceedings under this Act relating to the said land.
(3) Other provisions of this Act shall apply mutatis mutandis
for determination of the compensation payable under this
Section.
(4) Where a possession of Land has been taken over by the
Collector inconsequence of an award issued under Section 11 of
the Act, it may be de-awarded if it is considered expedient by the
Government, market value of the Land, determined by the
Collector in accordance with the provisions of the Act, shall be
realized from the interested person.
50. Disposal of land becoming surplus:- (1) Where any land
acquired under this Act for a public purpose or for a company
becomes, wholly or partly surplus, the Acquiring Agency with
the previous approval of the Government shall hand over the
surplus land to the Collector who shall make its disposal in the
manner hereinafter provided.
(2) Where compensation of the land has not been paid to the
owners the Collector shall restore the land, free of cost and free
from encumbrance of all kinds, to its owners or their successors-
in-interest, as the case may be.
230
(3) Where compensation of the land has been paid to the
owners the Collector shall restore the land on reimbursement of
cost of land excluding compulsory acquisition charges, free from
encumbrance of all kinds, to its owners or their successors in
interest, as the case may be.
(4) Where compensation of the land has been paid to the
owners and all or any of them is not willing to reimburse cost of
the land, as aforesaid, the Collector shall dispose of the same to
the extent of the share of the owner who declined to reimburse
the cost to other willing co-sharers at the prevailing market price
and where co-sharers are also not willing to accept offer of the
Collector, he shall be at liberty to dispose of the same through
open auction in such manner as may be prescribed.
(5) Where the original land owners or their successors-in-
interest were provided alternate land in lieu of compensation of
their acquired land, such surplus land shall not be restored to
them and it shall be utilized or disposed of by the Board of
Revenue in accordance with the policy of the Government
regarding disposal and alienation of lands, in vogue.
(6) Where any improvement has been made or any structure
has been raised by the company on the land proposed to be
disposed of, the permission to sell land may be granted by the
Government subject to the condition that the difference in the
market value of the land at the time of the sale and the amount of
compensation determined at the time of acquisition shall be
payable to the original land owners or their successors-in-
interest. The sale of such land shall be conducted by the
Collector in such manner as may be prescribed.
51. Correction and amendment of award:- (1) Any clerical or
arithmetical mistake in the award arising therein from any
accidental slip or omission may, at any time, be corrected by the
Collector either of his own motion or on the application of any of
the parties.
(2) Subject to the provisions contained in the General
Clauses Act, 1897 (Act XXXI of 1897), as in force in Azad
Jammu and Kashmir, no material change shall be allowed to be
made in the award unless it is proved to the satisfaction of the
Collector that such material change is expedient to be made in
accordance with the facts proved or facts admitted to have
occurred or interested persons have agreed expressively to such
material change.
231
(3) Where change is to be made for correction of names of

interested persons or persons entitled to the compensation or
change is to be brought in the apportionment thereof, such
change shall be incorporated into the record by the Collector
through an amending award which shall state reasons therefor. In
all other cases no change in the award shall be made without
previous approval of the Commissioner.
52. Penalty for misuse of acquired land:- Where the land acquired
for a company is used for a purpose other than that for which it
had been acquired, the same shall be resumed immediately by the
Government without any compensation of land or any structure
raised thereon and the company shall also be liable to a penalty
which may extend to one hundred million rupees to be imposed
by the Commissioner.
53. Exemption from stamp duty and fees:- No award or
agreement made under this Act shall be chargeable with stamp
duty, and no person claiming under any such award or agreement
shall be liable to pay any fee for a copy of the same:
Provided that provisions of this Section shall not apply to
the acquisition of land for the Companies.
54. Notice in case of suits for anything done in pursuance of Act:-
No suit or other proceeding shall be commenced or prosecuted
against any person for anything done in pursuance of this Act,
without giving to such person one month’s previous notice in
writing of the intended proceedings, and of the cause thereof nor
after tender of sufficient amends.
55. Jurisdiction of Courts barred:- Save as otherwise provided by
this Act, no Court shall take cognizance of any case, relating to
the land and properties intended to be acquired for public
purposes, after issuance of Notification under Section 4 of this
Act nor the interim injunction would be issued.
56. Code of Civil Procedure to apply to proceedings before
Court:- Save in so far as they may be inconsistent with anything
contained in this Act, the provisions of the Code of Civil
procedure, 1908 (Act V of 1908), as in force in Azad Jammu and
Kashmir shall apply to all proceedings before the Court under
this Act.
57. Power to make rules:- (1) The Government shall have power to
make rules consistent with this Act for guidance of officers in all
matters connected with its enforcement, and may from time to
time alter and add to the rules so made.
232
(2) All such rules, alterations and additions shall be
published in official Gazette, and shall thereupon have the force
of law.
58. Pending proceeding to continue:- For removal of doubts, it is
hereby provided that all proceedings pending immediately before
commencement of this Act under the Land Acquisition Act, 1894
(Act I of 1894) and rules made there under, or any other law or
rules, for the time being in force, shall continue under the said
laws and rules, as the case may be.
59. Repeal:- The Land Acquisition Act, 1894 (Act I of 1894) is
hereby repealed.
Sd/-
233

Jammu and Kashmir Legislative Assembly on 31st January, 2020 and
(ACT XIII OF 2020)
An
Act
Procedure, 1898
1898 (Act V of 1898), as adopted and enforced in Azad Jammu and
Kashmir, for the purposes hereinafter appearing;
the Criminal Law (1st Amendment) Act, 2020.
2. Amendment of Section 462-A, Act XLV of 1860.- In the Azad
Penal Code, 1860 (Act XLV of 1860), as adopted and enforced
in Azad Jammu and Kashmir, in Chapter XVII-A, clause (a) of
Section 462-A shall be substituted as under:-
“(a) “Court” means the Court of Sessions.”
Criminal Procedure, 1898 (Act V of 1898), as adapted and
enforced in Azad Jammu and Kashmir, in Chapter XVII-A, in
column 8 of Schedule-II, the words designated as Electricity
Utilities Court” shall be omitted and shall always be deemed to
have been so omitted.
Sd/-
234
Dated: 21st February, 2020
No. LD/Legis-Act/177-89/2020.The following Act, passed by the Azad
Jammu and Kashmir Legislative Assembly on 31st January, 2020 and
(ACT XIV OF 2020)
An
Act
Procedure, 1898
the Criminal Law (2nd Amendment) Act, 2020.
2. Addition of Chapter XXIV, Act XLV of 1860.- In the Azad
Penal Code, 1860 (Act XLV of 1860), as adopted and enforced
in Azad Jammu and Kashmir, after Chapter No. XVIII a new
Chapter No. XVIII-A shall be added as under:-
“CHAPTER XVIII-A
OF OFFENCES REGARDING
ELECTRONIC TRANSACTION
489-G Definitions.- (1) In this Act, unless there is anything
(i) “act” includes-
(a) a series of acts or omissions contrary to
the provisions of this Act; or
(b) causing an act to be done by a person
either directly or and through an
automated information system or
automated mechanism or self-executing,
adaptive or autonomous device and
235
whether having temporary or permanent

impact;
(ii) “access to data” means gaining control or ability
to use, copy, modify or delete any data held in or
generated by any device or information system;
(iii) “access to information system” means gaining
control or ability to use any part or whole of an
information system whether or not through
infringing any security measures;
(iv) “Authority” means an Authority established
under the Pakistan Telecommunication (Re-
organization) Act, 1996 (XVII of 1996), as
adapted and enforced in Azad Jammu and
Kashmir;
(v) “authorization” means authorization by law or
by the person empowered to make such
authorization under the law:
Provided that where an information
system or data is available for open access by the
general public, access to or transmission of such
information system or data shall be deemed to be
authorized for the purposes of this Act;
(vi) “authorized officer” means an officer of the
investigation agency authorized to perform any
function on behalf of the investigation agency by
or under this Act;
(vii) “Code” means the Code of Criminal Procedure,
1898 (Act V of 1898), as adopted in AJ&K;
(viii) “content data” means any representation of fact,
information or concept for processing in an
information system including source code or a
program suitable to cause an information system
to perform a function;
(ix) “Court” means the Court of competent
jurisdiction designated under this Act;
(x) “critical infrastructure” means critical elements
of infrastructure namely assets, facilities,
systems, networks or processes the loss or
compromise of which could result in,-
236
(a) major detrimental impact on the
availability, integrity or delivery of
essential services including those
services, whose integrity, if
compromised, could result in significant
loss of life or casualties, taking into
account significant economic or social
impacts; or
(b) significant impact on security, defense,
or the functioning of the state:
Provided that the Government may
designate any private or Government
infrastructure in accordance with the objectives
of sub-paragraphs (a) and (b) above, as critical
infrastructure as may be provided under this Act;
(xi) “critical infrastructure information system or
data” means an information system, program or
data that supports or performs a function with
respect to a critical infrastructure;
(xii) “damage to an information system” means any
unauthorized change in the ordinary working of
an information system that impairs its
performance, access, output or change in
location whether temporary or permanent and
with or without causing any change in the
system;
(xiii) “data” includes content data and traffic data;
(xiv) “data damage” means alteration, deletion,
deterioration, erasure, relocation, suppression of
data or making data temporarily or permanently
unavailable;
(xv) “device’’ includes,-
(a) physical device or article;
(b) any electronic or virtual tool that is not
in physical form;
(c) a password, access code or similar data
in electronic or other form, by which the
whole or any part of an information
system is capable of being accessed; or
237
(d) automated, self-executing, adaptive or

autonomous devices, programs or
information systems;
(xvi) “dishonest intention’’ means intention to cause
injury, wrongful gain or wrongful loss or harm
to any person or to create hatred or incitement to
violence;
(xvii) “electronic” includes electrical, digital,
magnetic, optical, biometric, electrochemical,
electromechanical, wireless or electromagnetic
technology;
(xviii) “Government” means the Azad Government of
the State of Jammu and Kashmir;
(xix) “identity information” means an information
which may authenticate or identify an individual
or an information system and enable access to
any data or information system;
(xx) “information” includes text, message, data,
voice, sound, database, video, signals, software,
computer programmes, any forms of intelligence
as defined under the Pakistan
Telecommunication (Re-organization) Act, 1996
(XVII of 1996), as adopted and enforced in Azad
Jammu and Kashmir and codes including object
code and source code;
(xxi) “information system” means an electronic
system for creating, generating, sending,
receiving, storing, reproducing, displaying,
recording or processing any information;
(xxii) “integrity” means, in relation to an electronic
document, electronic signature to advanced
electronic signature, the electronic document,
electronic signature or advanced electronic
signature that has not been tampered with,
altered or modified since a particular point in
time;
(xxiii) “interference with information system or data”
means and includes an unauthorized or in
relation to an information system or data that
may disturb its normal working or form with or
238
without causing any actual damage to such
system or data;
(xxiv) “investigation agency” means,-
(a) the AJ&K police department;
(b) special law enforcement agency
established under this Act;
(xxv) “minor” means, notwithstanding anything
contained in any other law, any person who has
not completed the age of eighteen years;
(xxvi) “offence” means an offence punishable under
this Act, except when committed by a person
under ten years of age or by a person above ten
years of age and under fourteen years of age,
who has not attained sufficient maturity of
understanding to judge the nature and
consequences of his conduct on that occasion;
(xxvii) “rules” means rules made under this Act;
(xxviii) “seize” with respect to an information system or
data includes taking possession of such system
or data or making and retaining a copy of the
data;
(xxx) “service provider” includes a person who,-
(a) acts as a service provider in relation to
sending, receiving, storing, processing
or distribution of any electronic
communication or the provision of
other services in relation to electronic
communication through an information
system;
(b) owns, possesses, operates, manages or
controls a public switched network or
provides telecommunication services; or
(c) processes or stores data on behalf of
such electronic communication service
or users of such service;
(xxxi) “subscriber information” means any information
held in any form by a service provider relating to
a subscriber other than traffic data;
239
(xxxii) “traffic data” includes data relating to a

communication indicating its origin, destination,
route, time, size, duration or type of service;
(xxxiii) “unauthorized access” means access to an
information system or data which is or available
for access by general public, without
authorization or in violation of the terms and
conditions of the authorization;
(xxxiv) “unauthorized interception” shall mean in
relation to an information system or data, any
interception without authorization; and
(xxxv) “unsolicited information’’ means an information
which is sent for commercial and marketing
purposes against explicit rejection of the
recipient and does not include marketing
authorized under the law.
(2) Unless the context provides otherwise, any other
expression used in this Act but not defined in this Act,
shall have the same meanings assigned to the
expressions in the Azad Penal Code, 1860 (Act XLV of
1860), the Code of Criminal Procedure 1898 (Act V of
l898) and the Qanoon-e-Shahadat, l984 (P.O-No. X of
1984), as adopted in AJ&K, as the case may be.
489-H. Unauthorized access to information system or data.-
Whoever with dishonest intention gains unauthorized
access to any information system or data shall be
punished with imprisonment for a term which may
extend to three months or with fine which may extend to
fifty thousand rupees or with both.
489-I. Unauthorized copying or transmission of data.-
Whoever with dishonest intention and without
authorization copies or otherwise transmits or causes to
be transmitted any data shall be punished with
imprisonment for a term which may extend to six
months, or with fine which may extend to one hundred
489-J. Interference with information system or data.-
Whoever with dishonest intention interferes with or
damages or causes to be interfered with or damages any
part or whole of an information system or data shall be
punished with imprisonment which may extend to two
240
years or with fine which may extend to five hundred
489-K. Unauthorized access to critical infrastructure
information system or data.- Whoever with dishonest
intention gains unauthorized access to any critical
infrastructure information system or data shall be
punished with imprisonment which may extend to three
years or with fine which may extend to one million
489-L. Unauthorized copying or transmission of critical
infrastructure data.- Whoever with dishonest intention
and without authorization copies or otherwise transmits
or causes to be transmitted any critical infrastructure data
shall be punished with imprisonment for a term which
may extend to five years or with fine which may extend
to five million rupees or with both.
489-M. Interference with critical infrastructure information
system or data.- Whoever with dishonest intention
interferes with or damages, or causes to be interfered
with or damaged, any part or whole of a critical
information system or data , shall be punished with
imprisonment which may extend to seven years or with
fine which may extend to ten million rupees or with
both.
489-N. Glorification of an offence and hate speech.- Whoever
prepares or disseminates information, through any
information system or device, with the intent to glorify
an offence and the person accused or convicted of a
crime relating to terrorism or activities of proscribed
organizations shall be punished with imprisonment for a
term which may extend to five years or with fine which
may extend to ten million rupees or with both.
Explanation.-”glorification” includes depiction of any
form of praise or celebration in a desirable manner.
489-O. Cyber terrorism.–Whoever commits or threatens to
commit any of the offences under Sections 6, 7, 8 or 9,
where the commission or threat is with the intent to,-
(a) coerce, intimidate, create a sense of fear, panic
or insecurity in the Government or the public or
a section of the public or community or sector
create a sense of fear or insecurity in society; or
241
(b) advance inter-faith, sectarian or ethnic hatred;

(c) advance the objectives of the organizations or
individuals or groups proscribed under the laws,
shall be punished with imprisonment of either
description for a term which may extend to
fourteen years or with fine which may extend to
fifty million rupees or with both.
489-P. Hate Speech.- Whoever prepares or disseminate
information, through any information system or device,
that advances or is likely to advance inter faith, sectarian
or racial hatred, shall be punished with imprisonment for
a term which may extend to seven years or with fine or
with both.
489-Q. Recruitment, funding and planning of terrorism.-
Whoever prepares or disseminate information, through
any information system or device, that invites or
motivates to fund, or recruits people for terrorism or plan
for terrorism shall be punished with imprisonment for a
term which may extend to seven years or with fine or
with both.
489-R. Electronic forgery.- (1) Whoever interferes with or uses
any information system, device or data, with the intent to
cause damage or injury to the public or to any person, or
to make any illegal claim or title or to cause any person
to part with property or to enter into any express or
implied contract, or with intent to commit fraud by any
input, alteration, deletion, or suppression of data,
resulting in unauthentic data with the intent that it be
considered or acted upon for legal purposes as if it were
authentic, regardless of the fact that the data is directly
readable and intelligible or not, shall be punished with
imprisonment of either description for a term which may
extend to three years, or with fine which may extend to
two hundred and fifty thousand rupees or with both.
(2) Whoever commits offence under sub-section (1)
in relation to a critical infrastructure information system
or data shall be punished with imprisonment for a term
which may extend to seven years or with fine which may
extend to five million rupees or with both.
489-S. Electronic fraud.- Whoever with the intent for wrongful
gain interferes with or uses any information system,
device or data or induces any person to enter into a
242
relationship or deceives any person, which act or
omission is likely to cause damage or harm to that
person or any other person shall be punished with
imprisonment for a term which may extend to two years
or with fine which may extend to ten million rupees or
with both.
489-T. Making, obtaining, or supplying device for use in
offence.- Whoever produces, makes, generates, adapts,
exports, supplies, offers to supply or imports for use any
information system, data or device, with the intent to be
used or believing that it is primarily to be used to commit
or to assist in the commission of an offence under this
Act shall, without prejudice to any other liability that he
may incur in this behalf, be punished with imprisonment
for a term which may extend to six months or with fine
which may extend to fifty thousand rupees or with both.
489-U. Unauthorized use of identity information.-
(1) Whoever obtains, sells, possesses, transmits or uses
another person’s identity information without
authorization shall be punished with imprisonment for a
term which may extend to three years or with fine which
may extend to five million rupees, or with both.
(2) Any person whose identity information is
obtained, sold, possessed, used or transmitted may apply
to the Authority for securing, destroying, blocking access
or preventing transmission of identity information
referred to in sub-section (1) and the Authority on receipt
of such application may take such measures as deemed
appropriate for securing, destroying or preventing
transmission of such identity information.
489-V. Unauthorized issuance of SIM cards etc.- Whoever
sells or otherwise provides subscriber identity module
(SIM) card, re-usable identification module (R-IUM) or
other portable memory chip designed to be used in
cellular mobile or wireless phone for transmitting
information without obtaining and verification of the
subscriber’s antecedents in the mode and manner for the
time being approved by the Authority shall be punished
with imprisonment for a term which may extend to three
243
489-W. Tampering, etc. of communication equipment.-

Whoever unlawfully or without authorization changes,
alters, tampers with or re-programs unique device
identifier of any communication equipment including a
cellular or wireless handset and starts using or marketing
such device for transmitting and receiving information
shall be punished with imprisonment which may extend
to three years or with fine which may extend to one
million rupees or with both.
Explanation: A “unique device identifier” is an
electronic equipment identifier which is unique to a
mobile wireless communication device.
489-X. Unauthorized interception.- Whoever with dishonest
intention commits unauthorized interception by technical
means of,-
(a) any transmission that is not intended to be and is
not open to the public, from or within an
information system; or
(b) electromagnetic emissions from an information
system that are carrying data, shall be punished
with imprisonment of either description for a
term which may extend to two years or with fine
which may extend to five hundred thousand
489-Y. Offences against dignity of natural person.- (1)
Whoever intentionally and publicly exhibits or displays
or transmits any information through any information
system, which he knows to be false, and intimidates or
harms the reputation or privacy of a natural person, shall
be punished with imprisonment for a term which may
extend to three years or with fine which may extend to
one million rupees or with both:
Provided that nothing under this sub-section
shall apply to anything aired by a broadcast media or
distribution service licensed under the Pakistan
Electronic Media Regulatory Authority Ordinance, 2002
(XIII of 2002), as adopted and enforced in Azad Jammu
& Kashmir.
(2) Any aggrieved person or his guardian, where
such person is a minor, may apply to the Authority for
removal, destruction of or blocking access to such
244
information referred to in sub-section (1) and the
Authority on receipt of such application, may pass such
orders as deemed appropriate including an order for
removal, destruction, preventing transmission of or
blocking access to such information and the Authority
may also direct any of its licensees to secure such
information including traffic data.
489-Z. Offences against modesty of a natural person and
minor.- (1) Whoever intentionally and publicly exhibits
or displays or transmits any information which,-
(a) superimposes a photograph of the face of a
natural person over any sexually explicit image
or video; or
(b) distorts the face of a natural person or includes a
photograph or a video of a natural person
in sexually explicit conduct; or
(c) intimidates a natural person with any sexual act
or any sexually explicit image or video of a
natural person; or
(d) cultivates, entices or induces a natural person to
engage in a sexually explicit act, through an
information system to harm a natural person or
his reputation, or to take revenge, or to create
hatred or to blackmail, shall be punished with
imprisonment for a term which may extend to
seven years or with fine which may extend to
five million rupees or with both.
(2) Whoever commits an offence under sub-section
(1) with respect to a minor shall be punished with
imprisonment for a term which may extend to ten years
and with fine which may extend to ten million rupees:
Provided that in case of a person who has been
previously convicted of an offence under sub-section (1)
with respect to a minor shall be punished with
imprisonment for a term of fourteen years and with fine.
information referred to in sub-sections (1) and (3) and
the Authority, on receipt of such application, may pass
such orders as deemed appropriate including an order for
245

489-AA. Child Pornography.- (1) Whoever intentionally
produces, offers or makes available, distributes or
transmits through an information system or procures for
himself or for another person or without lawful
jurisdiction possesses material in an information system,
that visually depicts,-
(a) a minor engaged in sexually explicit conduct;
(b) a person appearing to be a minor engaged in
sexually explicit conduct; or
(c) realistic images representing a minor engaged
in sexually explicit conduct; or
(d) discloses the identity of the minor,
shall be punished with imprisonment for a term
which may extend to seven years, or with fine
which may extend to five million rupees or with
both.
Authority, on receipt of such application shall forthwith
pass such orders as deemed reasonable in the
circumstances, including an order for removal,
destruction, preventing transmission of or blocking
access to such information and the Authority may also
direct any of its licensees to secure such information
including traffic data.
489-BB. Malicious code.- Whoever willfully and without
authorization writes, offers, makes available, distributes
or transmits malicious code through an information
system or device, with intent to cause harm to any
information system or data resulting in the corruption,
destruction, alteration, suppression, theft or loss of the
information system or data shall be punished with
imprisonment for a term which may extend to two years
or with fine which may extend to one million rupees or
with both.
246
Explanation.-The expression “malicious code” includes,
a computer program or a hidden function in a program
that damages an information system or data or
compromises the performance of such system or
availability of data or uses it without proper
authorization.
489-CC. Cyber stalking.- (1) A person commits the offence of
cyber stalking who, with the intent to coerce or
intimidate or harass any person, uses information system,
information system network, the Internet, website,
electronic mail or any other similar means of
communication to,-
(a) follow a person or contacts or attempts to
contact such person to foster personal interaction
repeatedly despite a clear indication of
disinterest by such person;
(b) monitor the use by a person of the Internet,
electronic mail, text message or any other form
of electronic communication;
(c) watch or spy upon a person in a manner that
results in fear of violence or serious alarm or
distress, in the mind of such person; or
(d) take a photograph or make a video of any person
and displays or distributes it without his consent
in a manner that harms a person.
(2) Whoever commits the offence specified in sub-
section (1) shall be punished with imprisonment for a
term which may extend to one year or with fine which
may extend to one million rupees or with both:
Provided that if victim of the cyber stalking
under sub-section (1), is a minor the punishment may
extend to five years or with fine which may extend to ten
million rupees or with both.
Authority, on receipt of such application, may pass such
orders as deemed appropriate including an order for
247

489-DD. Spamming.- (1) A person commits the offence of
spamming, who with intent transmits harmful,
fraudulent, misleading, illegal or unsolicited information
to any person without permission of the recipient or who
causes any information system to show any such
information for wrongful gain.
(2) A person including an institution or an
organization engaged in direct marketing shall provide
the option to the recipient of direct marketing to
unsubscribe from such marketing.
(3) Whoever commits the offence of spamming as
described in sub-section (1) or engages in direct
marketing in violation of sub-section (2), for the first
time, shall be punished with fine not exceeding fifty
thousand rupees and for every subsequent violation shall
be punished with imprisonment for a term which may
extend to three months or with fine which may extend to
one million rupees or with both.
(4) Whoever commits the offence of spamming as
described in sub-section (1) by transmitting unsolicited
information, or engages in direct marketing in violation
of sub-section (2), for the first time, shall be punished
with fine not exceeding fifty thousand rupees, and for
every subsequent violation shall be punished with fine
not less than fifty thousand rupees that may extend up to
one million rupees.
489-EE. Spoofing.- (1) Whoever with dishonest intention
establishes a website or sends any information with a
counterfeit source intended to be believed by the
recipient or visitor of the website, to be an authentic
source commits spoofing.
(2) Whoever commits spoofing shall be punished
with imprisonment for a term which may extend to three
489-FF. Legal recognition of offences committed in relation to
information system.- (1) Notwithstanding anything
contained in any other law for the time being in force, an
offence under this Act or any other law shall not be
248
denied legal recognition and enforcement for the sole
reason of such offence being committed in relation to or
through the use of an information system.
(2) References to “property” in any law creating an
offence in relation to or concerning property, shall
include information system and data.”
3. Addition of Chapter No. XLVII, Act V of 1898.- In the Code
of Criminal Procedure, 1898 (Act V of 1898), as adopted and
enforced in Azad Jammu and Kashmir, after Chapter No. XLVI a
new Chapter No. XLVII shall be added as under:-
“Chapter XIV-A
Procedure of Electronic Transaction
Crimes Investigation
176-A. Procedure for Investigation.- (1) Unless otherwise
provided for under this Act, the Government shall
establish or designate an investigation agency for
investigation of offences under this Chapter and the
investigation agency and the authorized officer shall in
all matters follow the procedure laid down in the Code to
the extent that it is not inconsistent with any provision of
this Act.
(2) The investigation agency may establish its own
capacity for forensic analysis of the data or information
system and the forensic analysis reports generated by the
investigation agency shall not be inadmissible in
evidence before any court for the sole reason that such
reports were generated by the investigation agency.
(3) Notwithstanding provisions of any other law, the
Government may make rules for specialized
appointments and their promotion in the investigation
agency including undertaking of specialized courses in
digital forensics, information technology, computer
science and other related matters for training of the
officers and staff of the investigation agency.
176-B. Power to investigate.- Only an authorized officer of the
investigation agency shall have the powers to investigate
an offence under this Act:
Provided that the Government may, as the case
may be, constitute one or more joint investigation teams
comprising of an authorized officer of the investigation
agency and any other law enforcement agency for
249
investigation of an offence under this Chapter and any

other law for the time being in force.
176-C. Expedited preservation and acquisition of data.- (1) If
an authorised officer is satisfied that-
(a) data stored in any information system or by
means of an information system is reasonably
required for the purposes of a criminal
investigation; and
(b) there is a risk or vulnerability that the data may
be modified, lost, destroyed or rendered
inaccessible, the authorized officer may, by
written notice given to the person in control of
the information system, require that person to
provide that data or to ensure that the data
specified in the notice be preserved and the
integrity thereof is maintained for a period not
exceeding ninety days as specified in the notice:
Provided that the authorized officer shall
immediately but not later than twenty-four hours bring to
the notice of the Court, the fact of acquisition of such
data and the Court on receipt of such information may
pass such orders as deemed appropriate in the
circumstances of the case including issuance of warrants
for retention of such data or otherwise.
(2) The period provided in sub-section (1) for
preservation of data may be extended by the Court if so
deemed necessary upon receipt of an application from
the authorized officer in this behalf.
176-D. Retention of traffic data.- (1) A service provider shall,
within its existing or required technical capability, retain
its traffic data for a minimum period of one year or such
period as the Authority may notify from time to time and
provide that data to the investigation agency or the
authorized officer whenever so required.
(2) The service providers shall retain the traffic data
under sub-section (1) by fulfilling all the requirement of
data retention and its originality as provided under
Sections 5 and 6 of the Electronic Transactions
Ordinance, 2002 (LI of 2002) as adopted and enforced in
250
(3) Any owner of the information system who is not
licensee of the Authority and violates sub-section (1)
shall guilty of an offence punishable, if committed for
the first time, with fine which may extend to ten million
rupees and upon any subsequent conviction shall be
punishable with imprisonment which may extend to six
months or with fine or with both:
Provided that where violation is committed by
licensee of the authority, the same shall be deemed to be
violation of the terms and conditions of the licensee and
shall be treated as such under the Pakistan
Telecommunication (Re-organization) Act, 1996 (XVII
of 1996) as adopted and enforced in AJ&K.
176-E. Warrant for search or seizure.- (1) Upon an
application by an authorized officer that demonstrates to
the satisfaction of the Court that there exist reasonable
grounds to believe that there may be in a specified place
an information system, data, device or other articles that-
(a) may reasonably be required for the purpose of a
criminal investigation or criminal proceedings
which may be material as evidence in proving a
specifically identified offence made out under
this Act; or
(b) has been acquired by a person as a result of the
commission of an offence, the Court may issue a
warrant which shall authorize an officer of the
investigation agency, with such assistance as
may be necessary, to enter the specified place
and to search the premises and any information
system, data, device or storage medium relevant
to the offence identified in the application and
access, seize or similarly secure any information
system, data, device or other articles relevant to
the offence identified in the application.
(2) In circumstances involving an offence under
Section 10, under which a warrant may be issued but
cannot be obtained without the apprehension of
destruction, alteration or loss of data, information
system, data, device or other articles required for
investigation, the authorized officer, who shall be a
Gazetted Officer of the investigation agency, may enter
the specified place and search the premises and any
251
information system, data, device or other articles

relevant to the offence and access, seize or similarly
secure any information system, data, device or other
articles relevant to the offence:
Provided that the authorized officer shall
immediately but not later than twenty-four hours bring to
the notice of the Court, the fact of such search or seizure
and the Court on receipt of such information may pass
such orders as deemed appropriate in the circumstances
of the case.
176-F. Warrant for disclosure of content data.-(1) Upon an
application by an authorised officer that demonstrates to
the satisfaction of the Court that there exist reasonable
grounds to believe that the content data stored in an
information system is reasonably required for the
purpose of a criminal investigation or criminal
proceedings with respect to an offence made out under
this Act, the Court may, after recording reasons, order
that the person in control of the data or information
system, to provide such data or access to such data to the
authorized officer.
(2) The period of a warrant issued under sub-section
(1) may be extended beyond seven days if, on an
application, a Court authorizes an extension for a further
period of time as may be specified by the Court.
176-G. Powers of an authorized officer.-(1) Subject to
provisions of this Act, an authorized officer shall have
the powers to-
(a) have access to and inspect the operation of any
specified information system;
(b) use or cause to be used any specified
information system to search any specified data
contained in or available to such system;
(c) obtain and copy only relevant data, use
equipment to make copies and obtain an
intelligible output from an information system;
(d) have access to or demand any information in
readable and comprehensible format or plain
version;
252
(e) require any person by whom or on whose behalf,
the authorized officer has reasonable cause to
believe, any information system has been used to
grant access to any data within an information
system within the control of such person;
(f) require any person having charge of or otherwise
concerned with the operation of any information
system to provide him reasonable technical and
other assistance as the authorized officer may
require for investigation of an offence under this
Act; and
(g) require any person who is in possession of
decryption information of an information
system, device or data under investigation to
grant him access to such data, device or
information system in unencrypted or decrypted
intelligible format for the purpose of
investigating any such offence.
Explanation.- Decryption information means
information or technology that enables a person to
readily retransform or unscramble encrypted data from
its unreadable form and from ciphered data to intelligible
data.
(2) In exercise of the power of search and seizure of
any information system, program or data the authorized
officer at all times shall,-
(a) act with proportionality;
(b) take all precautions to maintain integrity and
secrecy of the information system and data in
respect of which a warrant for search or seizure
has been issued;
(c) not disrupt or interfere with the integrity or
running and operation of any information system
or data that is not the subject of the offences
identified in the application for which a warrant
for search or seizure has been issued;
(d) avoid disruption to the continued legitimate
business operations and the premises subjected
to search or seizure under this Act; and
253
(e) avoid disruption to any information system,

program or data not connected with the
information system that is not the subject of the
offences identified in the application for which a
warrant has been issued or is not necessary for
the investigation of the specified offence in
respect of which a warrant has been issued.
(3) When seizing or securing any data or
information system, the authorized officer shall make all
efforts to use technical measures to maintain its integrity
and chain of custody. The authorized officer shall seize
an information system, data, device or articles, in part or
in whole, as a last resort only in the event where it is not
possible under the circumstances to use such technical
measures or where use of such technical measures by
themselves shall not be sufficient to maintain the
integrity and chain of custody of the data or information
system being seized.
(4) Where an authorized officer seizes or secures
any data or information system, the authorized officer
shall ensure that data or information system while in the
possession or in the access of the authorized officer is
not released to any other person including competitors or
public at large and details including log of any action
performed on the information system or data is
maintained in a manner prescribed under this Act.
176-H. Dealing with seized data or information system.- (1) If
any data or information system has been seized or
secured following a search or seizure under this Act, the
authorized officer who undertook the search or seizure
shall, at the time of the seizure,–
(a) make a list of what has been seized or rendered
inaccessible, with the date and time of seizure;
and
(b) give a copy of that list to-
(i) the occupier of the premises; or
(ii) the owner of the data or information
system; or
(iii) the person from whose possession, the
data or information system has been
254
seized, in a prescribed manner in the
presence of two witnesses.
(2) The authorized officer, upon an application of
the owner of the data or information system or an
authorized agent of the owner and on payment of
prescribed costs, shall provide forensic image of the data
or information system to the owner or his authorized
agent within a time prescribed under this Act.
(3) If the authorized officer has reasons to believe
that providing forensic image of the data or information
system to the owner under sub-section (2) may
prejudice,-
(a) the investigation in connection with which the
search was carried out; or
(b) another ongoing investigation; or
(c) any criminal proceedings that are pending or that
may be brought in relation to any of those
investigations, the authorized officer shall,
within seven days of receipt of the application
under sub-section (2), approach the Court for
seeking an order not to provide copy of the
seized data or information system.
(4) The Court, upon receipt of an application from
an authorized officer under sub-section (3), may after
recording reasons in writing pass such order as deemed
appropriate in the circumstances of the case.
(5) The costs associated with the exercise of rights
under this Section shall be borne by the person
exercising these rights.
176-I. Unlawful on-line content.-(1) The Authority shall have
the power to remove or block or issue directions for
removal or blocking of access to any information
through any information system, if it considers it
necessary in the interest of the glory of Islam or the
integrity, security or defence of Azad Jammu and
Kashmir or any part thereof, public order, decency or
morality, or in relation to contempt of court or
commission of or incitement to an offence under this
Act.
255
(2) The Authority may, with the approval of the

Government, prescribe rules for adoption of standards
and procedure for exercise of powers under sub-section
(1).
(3) Until such procedure and standards are
prescribed under sub-section (2), the Authority shall
exercise its powers under this Act or any other law for
the time being in force in accordance with the directions
issued by the Government not inconsistent with the
(4) Any person aggrieved from any order passed by
the Authority under sub-section (1), may file an
application with the Authority for review of the order
within 30 days from the date of passing of the order.
(5) An appeal against the decision of the Authority
in review shall lie before the High Court within thirty
days of the order of the Authority in review.
176-J. Limitation of liability of service providers.- (1) No
service provider shall be subject to any civil or criminal
liability, unless it is established that the service provider
had specific actual knowledge and willful intent to
proactively and positively participate, and not merely
through omission or failure to act, and thereby
facilitated, aided or abetted the use by any person of any
information system, service, application, online platform
or telecommunication system maintained, controlled or
managed by the service provider in connection with a
contravention of this Act or rules made thereunder or any
other law for the time being in force:
Provided that the burden to prove that a service
provider had specific actual knowledge, and willful
intent to proactively and positively participate in any act
that gave rise to any civil or criminal liability shall be
upon the person alleging such facts and no interim or
final orders, or directions shall be issued with respect to
a service provider by any investigation agency or Court
unless such facts have so been proved and determined:
Provided further that such allegation and its
proof shall clearly identify with specificity the content,
material or other aspect with respect to which civil or
criminal liability is claimed including but not limited to
unique identifiers such as the Account Identification
256
(Account ID), Uniform Resource Locator (URL), Top
Level Domain (TLD), Internet Protocol Addresses (IP
Addresses), or other unique identifier and clearly state
the statutory provision and basis of the claim.
(2) No service provider shall under any
circumstance be liable under this Act, rules made
thereunder or any other law for maintaining and making
available the provision of their service in good faith.
(3) No service provider shall be subject to any civil
or criminal liability as a result of informing a
subscriber, user or end-users affected by any claim,
notice or exercise of any power under this Act, rules
made thereunder or any other law:
Provided that the service provider, for a period
not exceeding fourteen days, shall keep confidential
and not disclose the existence of any investigation or
exercise of any power under this Act, when a notice to
this effect is served upon it by an authorized officer,
which period of confidentiality may be extended
beyond fourteen days if, on an application by the
authorized officer, the Court authorizes an extension for
a further specified period upon being satisfied that
reasonable cause for such extension exists.
(4) No service provider shall be liable under this
Act, rules made thereunder or any other law for the
disclosure of any data or other information that the
service provider discloses only to the extent of the
(5) No service provider shall be under any
obligation to proactively monitor, make inquiries about
material or content hosted, cached, routed, relayed,
conduit, transmitted or made available by such
intermediary or service provider.
176-K. Real-time collection and recording of information.-
(1) If a Court is satisfied on the basis of information
furnished by an authorized officer that there are
reasonable grounds to believe that the content of any
information is reasonably required for the purposes of a
specific criminal investigation, the Court may order,
with respect to information held by or passing through
a service provider, to a designated agency as notified
257
under any law for the time being in force having

capability to collect real time information, to collect or
record such information in real-time in co-ordination
with the investigation agency for provision in the
prescribed manner:
Provided that such real-time collection or
recording shall not be ordered for a period beyond what
is absolutely necessary and in any event for not more
than seven days.
(2) Notwithstanding anything contained in any law
to the contrary, the information so collected under sub-
section (1) shall be admissible in evidence.
(3) The period of real-time collection or recording
may be extended beyond seven days if, on an
application, the Court authorizes an extension for a
further specified period.
(4) The Court may also require the designated
agency to keep confidential the fact of the execution of
any power provided for in this Section and any
information relating to it.
(5) The application under sub-sections (1) and (2)
shall in addition to substantive grounds and reasons
also,-
(a) explain, why it is believed that the data sought
will be available with the person in control of
an information system;
(b) identify and explain with specificity the type of
information likely to be found on such
information system;
(c) identify and explain with specificity the
identified offence made out under this Act, in
respect of which the warrant is sought;
(d) if Authority to seek real-time collection or
recording on more than one occasion is needed,
explain why and how many further disclosures
are needed to achieve the purpose for which the
warrant is to be issued;
(e) specify what measures shall be taken to prepare
and ensure that the real-time collection or
258
recording is carried out whilst maintaining the
privacy of other users, customers and third
parties and without the disclosure of
information of any person not part of the
investigation;
(f) explain, why the investigation may be
frustrated or seriously prejudiced unless the real
time collection or recording is permitted;
(g) why, to achieve the purpose for which the
warrant is being applied, real time collection or
recording by the person in control of the
information system is necessary.
176-L. Forensic laboratory.- The Government shall establish
or designate a forensic laboratory, independent of the
investigation agency, to provide expert opinion before
the court or for the benefit of the investigation agency
in relation to electronic evidence collected for purposes
of investigation and prosecution of offences under this
Act.
176-M. Confidentiality of information.- Notwithstanding
immunity granted under any other law for the time
being in force, any person including a service provider
while providing services under the terms of a contract
or otherwise in accordance with the law, or an
authorized officer who has secured access to any
material or data containing personal information about
another person, discloses such material to any other
person, except when required by law, without the
consent of the person concerned or in breach of lawful
contract with the intent to cause or knowing that he is
likely to cause harm, wrongful loss or gain to any
person or compromise confidentiality of such material
or data, shall be punished with imprisonment for a term
which may extend to three years or with fine which
may extend to one million rupees or with both:
Provided that the burden of proof of any defence
taken by an accused service provider or an authorized
officer that he was acting in good faith, shall be on such
a service provider or the authorize officer, as the case
may be.
259
176-N. Offences to be compoundable and non-cognizable.-

(1) All offences under Chapter No. XVII-A of Azad
Penal Code, 1860 except the offences under Sections
489-O and 489-X and abetment thereof, shall be non-
cognizable, bailable and compoundable:
Provided that offences under section 15 shall be
cognizable by the investigation agency on a written
complaint by the Authority.
(2) Offences under Sections 10 and 19 and
abetment thereof shall be non-bailable, non-
compoundable and cognizable by the investigation
agency.
176-O. Cognizance and trial of offences.- (1) The
Government, in consultation with the Chief Justice of
the High Court, shall designate presiding officers of the
Courts to try offences under this Act at such places as
deemed necessary.
(2) The Government shall, in consultation with the
Chief Justice of the High Court, arrange for special
training of the presiding officers of the Court to be
conducted by an entity notified by the Government for
training on computer sciences, cyber forensics,
electronic transactions and data protection.
(3) To the extent not inconsistent with this Act, the
procedure laid down under the Code and the Qanoon-e-
Shahadat Order, 1984 (P.O.No.X of 1984), as adopted
and enforced in AJ&K shall be followed.
176-P. Order for payment of compensation.- The Court
may, in addition to award of any punishment including
fine under this Act, make an order for payment of
compensation to the victim for any damage or loss
caused and the compensation so awarded shall be
recoverable as arrears of land revenue:
Provided that the compensation awarded by the
Court shall not prejudice any right to a civil remedy for
the recovery of damages beyond the amount of
compensation so awarded.
176-Q. Appointment of amicus curiae and seeking expert
opinion.- The Court may appoint amicus curiae or seek
260
independent expert opinion on any matter connected
with a case pending before it.
176-R. Appeal.- An appeal against the final judgment or order
of a Court shall, within thirty days from the date of
provision of its certified copy free of cost, lie,-
(a) to the High Court against such judgment or
order if passed by a court of sessions; or
(b) to the court of sessions concerned against such
judgment or order if passed by a magistrate.
176-S. Criminal information exchange.- The Government
may enter in to an agreement with Federal Investigating
Agency (FIA), PTA or any other organization of
Pakistan, for such technical support or for exchange of
information as it may deem necessary for purposes of
this chapter.”
4. Amendment of Schedule II, Act V of 1898.- In the said Code,
in the Schedule II,-
(i) after Section 489-F, in column I, and the entries
relating thereto in columns (2) to (8), the following
shall be inserted, namely:-
261
“1 2 3 4 5 6 7 8
489-H Unauthorized access Shall not Warrant Bailable Not imprisonment for a term Court of
to information system arrest compoundable which may extend to three Sessions
or data without months or with fine which
warrant may extend to fifty thousand
rupees or with both
489-I Unauthorized copying Ditto Ditto Ditto Ditto Imprisonment for a term Ditto
or transmission of data which may extend to six
months or with fine which
may extend to one hundred
thousand rupees or with both
489-J Interference with Ditto Ditto Ditto Ditto imprisonment which may Ditto
information system or extend to two years or with
data fine which may extend to five
hundred thousand rupees or
with both
489-K Unauthorized access Ditto Ditto Ditto Ditto imprisonment which may Ditto
to critical extend to three years or with
infrastructure fine which may extend to one
information system or million rupees or with both
data
262
489-L Unauthorized copying Ditto Ditto Ditto Ditto imprisonment for a term Ditto
or transmission of which may extend to five
critical infrastructure years, or with fine which may
data extend to five million rupees
or with both
489-M Interference with Ditto Ditto Ditto Ditto imprisonment which may Ditto
critical infrastructure extend to seven years or with
information system or fine which may extend to ten
data million rupees or with both
489-N Glorification of an Ditto Ditto Ditto Ditto imprisonment for a term Ditto
offence and hate which may extend to five
speech years or with fine which may
extend to ten million rupees or
with both
489-O Cyber terrorism May Ditto Non- Ditto imprisonment of either Ditto
arrest Bailable description for a term which
without may extend to fourteen years
warrant or with fine which may extend
to fifty million rupees or with
both
489-P Hate Speech Shall not Warrant Bailable Not imprisonment for a term Ditto
arrest compoundable which may extend to seven
without years or with fine or with both
warrant
263
489-Q Recruitment, funding Ditto Ditto Ditto Ditto imprisonment for a term Ditto
and planning of which may extend to seven
terrorism years or with fine or with both
489-R Electronic forgery Ditto Ditto Ditto Ditto i) imprisonment of either Ditto
i) interferes with or description for a term which
uses any information may extend to three years, or
system, device or data, with fine which may extend to
with the intent to cause two hundred and fifty thousand
damage or injury to the rupees or with both.
public or to any person ii) imprisonment for a term
ii)offence in relation to which may extend to seven
a critical infrastructure years or with fine which may
information system or extend to five million rupees
data or with both
489-S Electronic fraud Ditto Ditto Ditto Ditto imprisonment for a term Ditto
which may extend to two
years or with fine which may
extend to ten million rupees or
with both
489-T Making, obtaining, or Ditto Ditto Ditto Ditto imprisonment for a term Ditto
supplying device for which may extend to six
use in offence months or with fine which
may extend to fifty thousand
rupees or with both
264
489-U Unauthorized use of Ditto Ditto Ditto Ditto imprisonment for a term Ditto
identity information which may extend to three
extend to five million rupees,
or with both
489-V Unauthorized issuance Ditto Ditto Ditto Ditto imprisonment for a term Ditto
of SIM cards etc. which may extend to three
extend to five hundred
489-W Tampering, etc. of Ditto Ditto Ditto Ditto imprisonment which may Ditto
communication extend to three years or with
equipment fine which may extend to one
million rupees or with both
489-X Unauthorized May Ditto Non- Ditto imprisonment of either Ditto
interception arrest Bailable description for a term which
without may extend to two years or
warrant with fine which may extend to
five hundred thousand rupees
or with both
489-Y Offences against Shall not Warrant Bailable Not imprisonment for a term
dignity of natural arrest compoundable which may extend to three
person without years or with fine which may
warrant extend to one million rupees
or with both
265
489-Z Offences against Ditto Ditto Ditto Ditto i) imprisonment for a term Ditto
modesty of a natural which may extend to seven
person and minor years or with fine which may
extend to five million rupees
or with both.
ii)If a victim of offence is
minor under sub-section (1)
imprisonment for a term
which may extend to ten years
and with fine which may
extend to ten million rupees.
iii) for subsequent offence
with minor imprisonment for
a term of fourteen years and
with fine.
489-AA Child Pornography Ditto Ditto Ditto Ditto imprisonment for a term Ditto
which may extend to seven
years, or with fine which may
extend to five million rupees
or with both.
489-BB Malicious code Ditto Ditto Ditto Ditto imprisonment for a term Ditto
which may extend to two
extend to one million rupees
or with both
266
489-CC Cyber stalking Ditto Ditto Ditto Ditto (i) imprisonment for a term Ditto
which may extend to one year
or with fine which may extend
to one million rupees or with
both
(ii) If victim of the cyber
stalking under sub-section (1)
is a minor the punishment
may extend to five years or
with fine which may extend to
ten million rupees or with
both.
489-DD i) Spamming under Ditto Ditto Ditto Ditto (i) for the first time, shall be Ditto
sub-section (1) punished with fine not
ii) spamming as exceeding fifty thousand
described in sub- rupees and for every
section (1) by subsequent violation shall be
transmitting punished with imprisonment
unsolicited for a term which may extend
information, or to three months or with fine
engages in direct which may extend to one
marketing in violation million rupees or with both;
of sub-section (2), ii) for the first time, shall be
punished with fine not
exceeding fifty thousand
267
rupees, and for every

subsequent violation shall be
punished with fine not less
than fifty thousand rupees that
may extend up to one million
rupees
489-EE Spoofing Ditto Ditto Ditto Ditto imprisonment for a term Ditto’’
which may extend to three
extend to five hundred
Sd/-
268

Dated: 19th May, 2020.
received the assent of the President on the 18th day of May 2020, is
(ACT XV OF 2020)
An
Act
to provide for reconstitution and re-organization of Azad Jammu and
Kashmir Central Board of Revenue and matters connected therewith or
ancillary thereto
WHEREAS it is expedient to regulate the matters relating to the
fiscal and economic policies, administration, management, imposition,
levy and collection of taxes and duties, and for the purposes of
reconstitution of the Azad Jammu and Kashmir Central Board of
Revenue;
CHAPTER-I
PRELIMINARY
1. Short Title, Extent and Commencement.- (1) This Act may be
called the Azad Jammu and Kashmir Central Board of Revenue
Act, 2020.
(a) “Board” means the Azad Jammu and Kashmir
Central Board of Revenue established and re-
constituted under Section 3;
(b) “Chairman” means the Chairman of the Board;
(c) “Committee” means a committee constituted under
this Act;
269
(d) “Department” means the Inland Revenue

Department of Azad Government of the State of
Jammu and Kashmir;
(e) “Employees” means employees of the Department;
(f) “Fiscal Laws” means a general reference to the
laws relating to tax matters, including but not
limited to, the Sales Tax Act, 1990, Income Tax
Ordinance 2001, Federal Excise Act, 2005, as
adopted and enforced in Azad Jammu and Kashmir,
and any other law imposing any tax, levy or duty
having nexus with taxation, or as the Government,
may determine by notification in the official
Gazette;
(h) “Human Resource Policy” means the policy
related to employees for the purpose of enhancing
efficiency in the functioning of the Inland Revenue
Department and the Board, as may be approved by
the competent authority from time to time;
(i) “Member” means a person appointed as a member
of the Board;
(j) “Person” includes the natural person, entity, any
company or association or body of persons, whether
incorporated or not;
(k) “Policy Board” means the Policy Board established
under Section 6 of this Act;
(l) “Prescribed” means prescribed by rules;
(m) “Rules” means the rules made under this Act;
(n) “Regulations” means the regulations made under
this Act; and
(o) “Reward & Incentive” means reward & incentive
whatsoever as prescribed.
270
CHAPTER-II
AZAD JAMMU AND KASHMIR
CENTRAL BOARD OF REVENUE
3. Establishment of the Azad Jammu and Kashmir Central
Board of Revenue.-(1) There shall be a Board to be called the
Azad Jammu and Kashmir Central Board of Revenue duly
constituted by the Government and consisting of a Chairman and
at-least following ex-officio members of the Board in order
primarily to ensure representation from departments of Inland
Revenue and Finance:-
(i) Secretary Inland Revenue (Chairman)
(ii) Senior Member Board of Revenue (Member)
(iii) Secretary Finance (Member)
(iv) Secretary Law (Member)
(v) Chief Commissioner/ (Member)
Commissioner IR (Direct Taxes)
(vi) Secretary Board to be appointed by (Member/Secretary)
the Board
(2) Except as provided under sub-section (1) the
Government,-
a) may make appointment of Chairman for Azad Jammu
and Kashmir Central Board of Revenue from amongst a
senior civil servant of the Government who is already
serving in BS-21 & above and may also change
membership of the Board whenever it deems appropriate
in the public interest; or
b) in opposite circumstances may, however, consider
requisition of services of any BS-21 officer from Federal
Board of Revenue Govt. of Pakistan and to appoint him
on deputation basis for appropriate term and subject to
conditions as specified and prescribed by the
Government.
(3) The Board may co-opt an additional member, wherever
it deems necessary for guidance on a particular matter or to
acquire services in a specific matter under consideration of the
Board.
(4) The Board shall exercise all the powers and functions
conferred on it under this Act and those prescribed by the rules.
271
(5) The Chairman may designate any Member who shall act
as an Acting Chairman in his absence.
(6) The Board shall meet at least once at an interval of two
months but a special meeting of the Board may be convened by
the Chairman at any time or on the request of any Member.
(7) The Board may constitute one or more committees
consisting of Members that are appointed by the Board and they
shall perform such functions as are entrusted to them by the
Board.
(8) The Government may delegate any of its powers under
this Act to the Chairman on such terms and conditions as the
Government may determine.
(9) Inland Revenue Department shall be Administrative
Department of the Board.
4. Powers and Functions of the Board.-(1) The Board shall
exercise powers and perform such functions as are necessary to
achieve the objectives and purposes of this Act, including
namely:-
(a) to make policies and strategies for the Department;
(b) to analyze, review and fix revenue targets of direct
taxes, indirect taxes, other assigned tax and non-tax
receipts assigned to the Department from time to
time;
(c) to make comprehensive policies to develop the
Department into a modern and efficient
organization;
(d) to introduce and implement tax administration
reforms;
(e) to ensure the implementation of all Fiscal laws in
force and to make policy guidelines for the purposes
of assessment, collection, administration and
management of tax, related matters of tax and
implementation of Fiscal laws;
(f) to ensure the implementation of the Fiscal laws in a
precise, clearer, transparent, convenient and
effective manner;
272
(g) to correspond with Government of Pakistan and

Provincial Governments on tax and other allied
matters;
(h) to address/take up the tax issues with Federal Board
of Revenue, Government of Pakistan, other
Government line departments and persons in Azad
Jammu and Kashmir;
(i) to make policy decisions in tax matters relating to
different Government departments;
(j) to ensure the introduction and implementation of
modern and effective tax administration methods,
information technology systems and policies for the
Department to help it to improve assessments,
processes, organize registration of taxpayers, widen
the tax base, and make departmental remedies more
efficient including enforcement of, or reduction or
remission in, duty, penalty or tax, in accordance
with the relevant law for the time being in force;
(k) to plan and introduce in the Department a
comprehensive and effective human resource
strategy for improving its performance;
(l) to regulate and enter into any agreement, contract
understanding, with any international organization
or institution or donor agency or counterpart entity
with approval of the Government of Pakistan and
the Government;
(m) to address the representation submitted by aggrieved
employee of departments;
(n) to keep check on the performance of Department in
terms of parameters as determined by the Board;
(o) to make regulations, policies, programs, strategies
in order to carry out the purposes of this Act;
(p) to grant additional allowances or other incentives
and rewards to the employees of the Board for
improving productivity and performance;
(q) to carry out any other function, activity and acts,
etc., as decided and determined by the Board; and
273
(r) to perform any other functions entrusted from time

to time by the Government.
(2) The Board may direct the Department, where
appropriate, to issue with the approval of the Government;
statutory regulatory orders (SROs), orders, circulars and
instructions for the enforcement of any of the provisions of
Fiscal law and the provision of this Act.
5. Human Resource Management.-The powers of the Board in
respect of Employees of Department shall include, inter alia, the
following, namely:-
(a) power to develop and implement human resource
management policies for department;
(b) assess, identify, create, increase/decrease, designate/re-
designate the posts within its jurisdiction subject to the
concurrence by the Finance Department and approval of
the competent authority;
(c) power to review and make proposals for posting of
employees against specialized or available posts;
(d) power to transfer, select or post any employee against
any post in any entity under the Department; and
(e) power to take any action, issue regulations, guidelines,
code of conduct, in order to fulfill the objects and
purposes of the Act.
6. Establishment of Policy Board.- (1)The Govt. may establish a
Policy Board to provide guidance in matters relating to the
vision, mission and values of the board and to provide policy
guidelines in framing fiscal policy and achieving goals and
targets.
(2) The Policy Board shall consist of the followings
members, namely:-
i) Minister Inland Revenue Chairman
ii) Minister Finance Member
iii) Minister Industries Member
iv) Chief Secretary Member
v) Chairman AJ&K CBR Member
vi) Secretary Inland Revenue Member
vii) Any other member co-opted by the Board Member
274
(3) The Chairman of the Central Board of Revenue shall act

as Secretary for the Policy Board.
(4) The Policy Board shall hold a meeting at least once in
each quarter of a financial year.
(5) The Policy Board shall be competent to issue necessary
instructions to the Board and Inland Revenue Department to
bring in improvement in taxation administration and revenue
collection.
7. Representation to the Chairman.- (1) Any person aggrieved by
any action done or taken for the enforcement of the Fiscal laws
or due to any act of maladministration, corruption and
misbehaviour by any officer or employee of the Board or any
unnecessary delay or hardship caused due to any administrative
process may prefer representation to the Chairman for redress of
his grievance.
(2) The Chairman or the Board or any other designated
officer, as the case may be, on behalf of the Chairman, shall take
the appropriate action to redress such grievance.
CHAPTER-III
MISCELLANEOUS
8. Validity of proceedings.-No act, proceeding, decision or order
of the Board or a committee of the Board shall be invalid by
reason only of the existence of vacancy in, or any defect in the
constitution of the Board or any committee.
9. Directions from the Government.- (1) The Government may
from time to time direct or advice the Board to conduct its affairs
and perform its functions in such manner as may be specified by
the Government in this behalf.
(2) The Government may also entrust the Board, the
functions and powers under any law for the time being in force.
10. Annual Report.-The Board shall prepare an annual report of its
activities and present it to the Prime Minister and also lay before
the Legislative Assembly within three months of the end of the
preceding financial year.
11. Continuance of Service of the Employees of Central Board of
Revenue after its re-Constitution.-(1) Subject to the provisions
of this Act, any person, who immediately before the
commencement of this Act, was in the employment and service
of the Board including Department, shall continue to be in the
employment and service of the Board including Department, on
275
the same terms and conditions, unless modified or amended

under the provisions of this Act or the rules and regulations made
thereunder.
(2) All the authorities and officers of Board and Inland
Revenue Department, of the Government functioning and
exercising powers immediately before the commencement of this
Act, shall continue to exercise their respective powers, policies,
programmes, reforms, etc., as were being carried out or deemed
to be carried out unless modified under the provisions of this Act
or rules and regulations made thereunder.
12. Imposition of any fee or charges.-The Board, with the prior
approval of the Government, may levy any fee or charges for
making expenditure on the provision of enhanced facilities for
the taxpayers or a direct cost reimbursement of expenses and
reasonable return on investment or profit wherever services are
provided in the matters relating to or under any fiscal law.
13. Indemnity.-No prosecution, suit or other legal proceeding shall
lie against the Board, the Chairman or Members for anything
done in good faith for carrying out the purposes of this Act, rules
or regulations or orders made or issued thereunder.
14. Power to make rules.- The Government may make rules for the
purposes of this Act.
15. Power to make regulations.- The Board may make regulations
for the proper functioning and to conduct business of the Board.
16. Repeal and Savings.-(1) Subject to the provisions of this Act,
the Central Board of Revenue Act, 1924 (IV of 1924) as adopted
and enforced in Azad Jammu and Kashmir is hereby repealed.
(2) Except as otherwise provided in this Act, the repeal of
the Central Board of Revenue Act, 1924 (IV of 1924), under sub-
section (1), hereinafter referred to as the said Act, shall not,-
(a) revive anything not in force or existing at the time of
commencement of this Act;
(b) affect the previous operation of the repealed Act or
anything duly done under the said Act,
(c) affect any right, privilege, obligation or liability
acquired, accrued or incurred under the said Act,
(d) affect any penalty, forfeiture or punishment incurred in
respect of any offence committed under the said Act, or
276
(e) affect any investigation, legal proceeding or remedy in

respect of any such right, privilege, obligation, liability,
penalty, forfeiture or punishment as aforesaid; and any
such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty,
forfeiture or punishment may be imposed as if the said
Act had not been repealed.
Sd/-
Section Officer Law
277

Jammu and Kashmir Legislative Assembly on 19th May, 2020 and
received the assent of the President on the 13th day of June, 2020, is
(ACT XVI OF 2020)
An
Act
to provide for the establishment of a Human Rights Commission and to
ensure promotion, protection and enforcement of Human Rights in the
WHEREAS, it is expedient to provide for the establishment of a
Human Rights Commission and to ensure promotion, protection and
enforcement of Human Rights in the Azad Jammu and Kashmir as
provided in the Azad Jammu and Kashmir Interim Constitution, 1974,
the Universal Declaration of Human Rights and the various International
Conventions, Treaties and Covenants and for matters ancillary or akin
thereto;
AND WHEREAS, to make all possible efforts for establishment
and strengthening of indigenous institutional mechanism for promotion
and protection of basic human rights and basic liberties and to formulate
policies to foster equality, unity, peace and harmony regardless of caste,
creed, race, gender or religion for all State Subjects;
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be
called the Azad Jammu and Kashmir Commission for Human
Rights Act, 2020.
Kashmir.
(a) “Aggrieved person” means any person whose human
rights are adversely affected;
278
(b) “Child” means a person under the age of 18 years;

(c) “Commission” means the Human Rights Commission
constituted under Section 3;
(d) “Chairperson” means the Chairperson of the
Commission;
(e) “Director General” means the Director General of
Human Rights;
(f) “Government” means the Azad Government of the
(g) “Human Rights” means the rights relating to life,
liberty and dignity of the individual guaranteed by the
Azad Jammu and Kashmir Interim Constitution, 1974
and included in the international instruments including
political and women rights;
(h) “Human Rights Court” means the Human Rights Court
referred under Section 20;
(i) “Member” means a member of the Commission and
includes the Chairperson appointed under this Act;
(j) “Non-Governmental Organization (NGOs)” means
and includes any private agency or body working
voluntarily for the welfare of a person or community in
AJ&K;
(k) “Notification” means a notification published in the
Government Gazette;
(l) “Prescribed” means prescribed by rules or regulations
made under this Act;
(m) “Public Servant” means a Public Servant as defined
under Section 21 of the Azad Penal Code, 1860;
(n) “State” means the State of Azad Jammu and Kashmir;
(o) “Rules” means rules made under this Act.
CHAPTER-II
HUMAN RIGHTS COMMISSION
3. Human Rights Commission.- (1) The Government shall
constitute a Commission to be known as Azad Jammu and
Kashmir Human Rights Commission.
(2) The Commission shall consist of,-
279
(i) Chairperson, who is or has been Chairperson

a Judge of the Supreme Court or
a retired Civil Servant having
demonstrable knowledge of, or
practical experience in, matters
relating to the Human Rights
(ii) Chairperson of the AJ&K Vice Chairperson
Commission on the Status of
Women
(iii) one state subject from minority Member
community
(iv) Secretary Law, Justice, Ex-officio Member
Parliamentary Affairs and
Human Rights
(v) Secretary Social Welfare and Ex-officio Member
Women Development
(vi) Secretary Industries and Labour Ex-officio Member
(vii) Secretary Jammu and Kashmir Ex-officio Member
Liberation Cell
(viii) a renowned Human Rights Member
activist
(ix) Director General Human Rights Member/ Secretary
(3) The Commission shall exercise such powers and perform
such functions as provided in this Act:
Provided that of the total membership of the
Commission, at least two shall be women members.
(4) A member shall not be less than forty years of age and
shall have knowledge and experience relating to human rights.
(5) There shall be a Director General of the Commission,
who shall be appointed amongst such civil servants possessing
such qualification and experience as may be prescribed.
6) The Director General shall be the Chief Executive
Officer of the Commission and shall exercise such powers and
discharge such functions of the Commission, as may be
delegated to him.
(7) The headquarters of the Commission shall be at
Muzaffarabad:
280
Provided that the Government may establish sub-offices

at other places in Azad Jammu and Kashmir.
(8) The Commission shall be a body corporate having
perpetual succession and a common seal with powers, among
other, to acquire, hold and dispose of any property and shall sue
and be sued by the said name.
(9) All members of the Commission shall work on
prescribed terms and conditions.
4. Appointment of Chairperson and members.- (1) The Law,
Justice, Parliamentary Affairs & Human Rights Department
shall, through public notice, invite suggestions for suitable
persons for appointment as Chairperson and members of the
Commission, except ex-officio members and, after proper
scrutiny, shall submit a panel of three persons for each vacancy
to the Prime Minister, who after consultation with the Leader of
Opposition in the Legislative Assembly, shall appoint the
Chairperson and members, as the case may be.
5. Term of office of Chairperson and of members.- (1) A person
appointed as Chairperson or a member shall hold office for a
term of three years from the date on which he enters upon his
office.
(2) The Chairperson or a member may resign from his office
in writing under his hand addressed to the Prime Minister and on
acceptance of the resignation such vacancy shall be filled within
sixty days.
6. Removal of the Chairperson and members.- The Chairperson
and members may be removed from office on the grounds and in
the manner provided for in Article 42-E of the Azad Jammu and
Kashmir Interim Constitution, 1974.
7. Acting Chairperson.- At any time when the Chairperson is
absent or unable to perform the duties of his office for any
reason, or in the event of the vacancy in the office of the
Chairperson by reason of his death, resignation or otherwise, the
members of the Commission shall elect an Acting Chairperson
from amongst themselves until the incumbent Chairperson
resumes his office, or as the case may be, until the appointment
of a new Chairperson to fill such vacancy which shall not exceed
sixty days.
8. Terms and conditions of service of members including
Chairperson.- The salaries and allowances payable to, and
terms and conditions of service of the members, other than ex-
281
officio member, shall be such as may be prescribed by the

Government.
9. Procedure of the Commission.- (1) The Commission shall
regulate its own procedure.
(2) All orders and decisions of the Commission shall be
authenticated by the Director General.
(3) The quorum of the meeting shall not be less than one-
half of the total membership of the Commission.
(4) The decision of the Commission shall be taken by the
majority of the members present and, in case of a tie, the member
presiding the meeting shall have a casting vote.
(5) No act or proceedings of the Commission shall be
invalid on the ground, merely of the existence of any vacancy in,
or defect in the constitution of the Commission.
10. Officers and other staff of the Commission.- (1) The
Government shall make available to the Commission such
employees, police and investigative staff required for the
efficient performance of the functions of the Commission.
(2) The Government may appoint such other administrative,
technical and scientific staff for the Commission, permanently or
on ex-offico basis as it may consider necessary.
(3) The salaries, allowances and other privileges of
employees of the Commission shall be same as admissible to
their counterparts of regular Government Departments.
11. Annual and special reports of the Commission.-(1) The
Commission shall submit an annual report to the Government
and may at any time submit special reports on any matter which,
in its opinion, is of such urgency or importance that it should not
be deferred till submission of the annual report.
(2) The Government shall cause the annual and special
reports of the Commission to be laid before Azad Kashmir
Legislative Assembly along with a memorandum of action taken
or proposed to be taken on the recommendations of the
Commission and the reasons for non-acceptance of the
recommendations, if any.
(3) The Commission shall publish reports on human rights
situation on regular basis.
12. Functions of the Commission.- The Commission shall perform
all or any of the following functions, namely:-
282
(a) highlight the Human Rights violation being committed

by Indian authorities in the Indian Occupied Jammu and
Kashmir;
(b) review human rights situation including implementation
of laws, policies and measures;
(c) inquire, suo moto or on a petition presented to it by the
victim or any person on this behalf, into complaint of-
(i) violation of human rights or abetment thereof; or
(ii) negligence in the prevention of such violation,
by a public servant;
(d) intervene in any proceeding involving any allegation or
violation of human rights pending before a court with the
approval of such court;
(e) visit, under intimation to the Government, any jail or any
other institution under the control of the Government,
where persons are detained or lodged for purposes of
treatment, reformation or protection to study the living
conditions of the inmates and make recommendations
thereof;
(f) review the safeguards provided by or under the
Constitution or any law for the time being in force for
the protection of human rights and recommended
measures for their effective implementation;
(g) analyse the human rights situation and recommend
measures to protect human right to Government.
(h) undertake and promote research in the field of human
rights;
(i) spread human rights literacy among various sections of
society and promote awareness of the safeguards
available for the protection of these rights through
publications, the media, seminars and other available
means;
(j) Registration of non-governmental organizations and
institutions working in the field of human rights;
(k) such other functions as it may consider necessary for the
promotion of human rights.
283
CHAPTER III
INQUIRIES AND INVESTIGATIONS
13. Inquiry into complaints.- (1) The Commission while inquiring
into the complaints of violations of human rights may call for
information or report from any authority or organization,
subordinate thereto, within such time as may be specified by it:
Provided that if the information or report is not received
within the time stipulated by the Commission, it may proceed to
inquire into the complaint on its own:
Provided further that in case the complaint relates to
areas that are security sensitive, the Commission shall obtain a
report within fifteen days from the Federal Government and if
the report is not received within thirty days the Commission may
proceed to inquire into complaint on its own:
Provided also that if on receipt of information or report,
the Commission is satisfied either that no further inquiry is
required or that the required action has been Initiated or taken by
the Government or authority, it may not proceed with the
complaint and inform the complaint accordingly.
(2) Without prejudice to anything contained in sub-section
(1), if the Commission considers necessary, having regard to
nature of the complaint, it may initiate an inquiry.
(3) If at any stage of the inquiry, the Commission,-
(a) considers it necessary to inquire into the conduct
of any person; or
(b) is of the opinion that the reputation of any
person is likely to be prejudicially affected by
the inquiry, it shall give to that person a
reasonable opportunity of being heard in the
inquiry and to produce evidence in his defence:
Provided that nothing in this Section shall apply
where the credit of a witness is being impeached.
14. Powers relating to inquiries.- (1) The Commission shall, while
inquiring into complaint under this Act, have all the powers of a
civil court trying a suit under the Code of Civil Procedure, and in
particular in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of witnesses
and examining them on oath;
(b) discovery and production of any document;
284
(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from
any court or office;
(e) issuing commissions for the examination of witnesses or
documents;
(f) any other matter which may be prescribed.
(2) The Commission shall have power to require any
person, subject to any privilege which may be claimed by that
person under any law for the time being in force, to furnish
information on such points or matters as, in the opinion of the
Commission, may be useful for, or relevant to, the subject matter
of the inquiry and any person so required shall be deemed to be
legally bound to furnish such information within the meaning of
Section 176 and Section 177 of the Pakistan Penal Code.
(3) The Commission shall be deemed to be a civil court to
the extent that is described in Sections 175, 178, 179, 180 and
228 of the Azad Penal Code, 1860. If the offence is committed in
the view or presence of the Commission, the Commission may,
after recording the facts constituting the offence and the
statement of the accused as provided for in the Code of Criminal
Procedure, 1898 (Act V of 1898), forward the case to a
Magistrate having jurisdiction to try the same and the Magistrate
to whom any such case is forwarded shall proceed to hear the
complaint against the accused as if the case has been forwarded
to him under Section 346 of the Code of Criminal Procedure,
1898 (Act V of 1898).
(4) Every proceeding before the Commission shall be
deemed to be a judicial proceeding within the meaning of
Sections 193, 196 and 228 of the Azad Penal Code, 1860.
(5) The Commission shall be deemed to be a civil court for
the purposes of section 195 and Chapter XXVI of the Code of
Criminal Procedure, 1898.
15. Investigation.- (1) The Commission may, for the purpose of
conducting any investigation pertaining to the inquiry, utilize the
services of any officer or investigation agency of the
Government.
(2) For the purpose of investigating into any matter
pertaining to the inquiry, any officer or agency whose services
are utilized under sub-section (1) may, subject to the direction
and control of the Commission.-
285
(a) summon and enforce the attendance of any person and

examine him;
(b) require the discovery and production of any document;
(c) requisition any public record or copy thereof from any
office.
(3) The provisions of Section 14 shall apply in relation to
any statement made by a person before any officer or agency
whose services are utilized under sub-section (1) as they apply in
relation to any statement made by a person in the course of
giving evidence before the Commission.
(4) The officer or agency whose services are utilized under
sub-section (1) shall investigate into any matter pertaining to the
inquiry and submit a report thereon to the Commission within
such period as may be specified by the Commission in this
behalf.
(5) The Commission shall satisfy itself about the correctness
of the facts stated and the conclusion, if any, arrived at in the
report submitted to it under sub-section (4) and for this purpose
the Commission may make such inquiry, including the
examination of the person who conducted or assisted in the
investigation, as it thinks fit.
16. Statements made by persons to the Commission.- No
statement made by a person in the course of giving evidence
before the Commission shall subject him to, or be used against
him in, any civil or criminal proceeding except a prosecution for
giving false evidence by such statement:
Provided that the statement-
(a) is made in reply to the question which he is required by
the Commission to answer; or
(b) is relevant to the subject matter of the inquiry.
17. Persons likely to be prejudicially affected to be heard.- If, at
any stage of the inquiry, the Commission-
(a) considers it necessary to inquire into the conduct of any
person; or
(b) is of the opinion that the reputation of any person is
likely to be prejudicially affected by the inquiry, it shall
give to the person a reasonable opportunity of being
heard in the inquiry and to produce evidence in his
defense:
286
Provided that nothing in this section shall apply

where the credit of a witness is being impeached.
CHAPTER IV
PROCEDURE
18. Inquiry into complaints.- The Commission while inquiring into
the complaint of violations of human rights may-
(i) call for the information or report from the Government
or any other authority or organization subordinate thereto
within such time as may be specified by it:
Provided that-
(a) if the information or report is not received within
the time stipulated by the Commission, it may
proceed to inquire into the complaint on its own;
(b) if, on the receipt of information or report the
Commission is satisfied either that no further
inquiry is required or that the required action has
been initiated or taken by the Government or
authority, it may not proceed with the complaint
and inform the complainant accordingly;
(ii) without prejudice to anything contained in clause (i), if it
considers necessary, having regard to the nature of the
complaint, initiate an inquiry.
19. Steps after inquiry.- The Commission may take any of the
following steps upon the completion of an inquiry held under this
Act, namely,-
(a) where the inquiry discloses, commission of
violation of Human Rights or negligence in the
prevention of violation of Human Rights by a public
servant, it may recommend to the Government or
authority, the initiation of proceedings for
prosecution or such other action as the Commission
may deem fit against the concerned person or
persons;
(b) approach the High Court for such directions, orders
or writs as the court may deem necessary;
(c) recommend to the Government or authority for the
grant of such immediate interim relief to the victim
287
or the members of his family as the Commission

may consider necessary;
(d) subject to the provisions of clause (5) provide a
copy of the inquiry report to the petitioner or his
representative;
(e) the Commission shall send a copy of its inquiry
report together with its recommendations to the
Government or authority and the Government or
authority shall, within a period of one month, or
such further time as the Commission may allow,
forward its comments on the report, including the
action taken or proposed to be taken thereon, to the
Commission;
(f) the Commission shall publish the inquiry report
together with the comments of the Government or
authority, if any, and the action taken or proposed to
be taken by the Government or authority on the
recommendations of the Commission.
CHAPTER V
HUMAN RIGHTS COURTS
20. Human Rights Courts.- The Court of Session in each District
shall have power to try offences arising out of violation of
Human Rights.
21. Special Prosecutor.- For every Human Rights Court, the
Government shall, by notification, appoint a Special Prosecutor,
having not less than seven years practice as an Advocate, for the
purpose of conducting cases in that Court:
Provided that till the appointment of Special Prosecutor
the Public Prosecutor appointed under the Law Department
Manual, 2016 shall conduct the cases in the Courts for which
they will be paid additional allowance by the Commission.
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
22. Fund of the Commission.- (1) There shall be established a fund
to be known as the Commission for Human Rights Fund which
shall vest in the Commission and shall be used by the
Commission to meet the charges in connection with its functions
under this Act.
288
(2) Source of the Fund shall amongst other monies be the

following, namely:-
(a) such sums as the Government shall, after due
appropriation made by the Legislative Assembly by law
in this behalf, pay to the Commission by any of grants
such sums of money for being utilized for the purposes
of this Act;
(b) grants and endowments and income therefrom; and
(c) all other sums or properties which may in any manner
become payable to, or vest in, the Commission in respect
of any matter.
(3) The Commission, while performing its functions and
exercising its powers under this Act, shall exercise highest sense
of prudence as far as expenditures are concerned.
23. Expenditure to be charged on the Fund.- The Fund shall be
expended for the purposes of,-
(a) paying any expenditure lawfully incurred by the
Commission, relating to remuneration of its members,
employees, advisors and consultants of the Commission
including legal fees and costs as well as other fees and
costs;
(b) paying any other expenses, costs or expenditure properly
incurred or accepted by the Commission in the
performance of its functions or in the exercise of its
powers under this Act;
(c) purchasing or hiring equipment, machinery and any
other work and undertakings in the performance of its
functions or in the exercise of its powers under this Act;
(d) repaying any financial accommodation received; and
(e) generally, paying any expenses for carrying into effect
the provisions of this Act.
24. Power to obtain finances and receive grants.- The
Commission may, from time to time, obtain and receive
unconditional grants or contributions from donors and non-
governmental organizations in a transparent manner. No
contribution from any foreign source, private or governmental,
shall be acceptable except after the approval of the Government
of Pakistan.
289
25. Accounts and audit.- (1) The Commission shall maintain proper
accounts and other relevant records and prepare an annual
statement of accounts in such form as may be prescribed by the
Government in consultation with the Auditor-General of Azad
Jammu and Kashmir.
(2) The accounts of the Commission shall be audited by the
Auditor-General at such intervals as may be specified by him.
(3) The Auditor-General and any person appointed by him
in connection with the audit of the accounts of the Commission
under this Act shall have the same rights and privileges and the
authority in connection with such audit as the Auditor-General
generally has in connection with the audit of Government’s
accounts and in particular shall have the right to demand the
production of books, accounts, connected vouchers and other
documents and paper and to inspect any of the offices of the
Commission.
(4) The accounts of the Commission, as certified by the
Auditor General or any other person appointed by him in this
behalf, together with the audit report thereon shall be forwarded
annually to the Government by the Commission and the
Government shall cause the audit report to be laid, as soon as
may be after it is received, before the Legislative Assembly.
CHAPTER VII
MISCELLANEOUS
26. Jurisdiction of the Commission.- (1) The Commission shall not
have any jurisdiction to inquire into any matter which-
(i) is sub-judice before a court of competent jurisdiction or
judicial tribunal; or
(ii) relates to the external affairs of Pakistan or the relations
or the dealing of Pakistan with any Foreign State or
Government; or
(iii) relates to or is connected with the defence of Pakistan or
any part thereof, the military, naval and air forces of
Pakistan, or the matters covered by the laws relating to
those forces;
(iv) matters incidental and ancillary to the above subjects.
27. Constitution of special Investigation Teams.- Notwithstanding
anything contained in any other law for the time being in force,
where the Commission considers it necessary so to do, it may
constitute one or more special investigation teams, consisting of
290
such police officers as it thinks necessary for purposes of

investigation and prosecution of offences arising out of
violations of human rights.
28. Indemnity.- No suit, Prosecution or legal proceedings shall lie
against the Commission or any Member, officer, servant, advisor
or consultant of the Commission in respect of anything which is
in good faith done or intended to be done under this Act or the
rules made thereunder or order made or published by or under
the authority of the Government, Commission or any report,
paper or proceedings.
29. Members and Officers to be public servants.- Every Member
of the Commission, and every officer appointed or authorized by
the Commission to exercise functions under this Act, shall be
deemed to be a Public Servant.
30. Commission to be Special Institution. The Commission shall
be a special institution of the Law, Justice, Parliamentary Affairs
and Human Rights Department for the purposes of Azad
Government of State of Jammu and Kashmir Rules of Business.
31. Power to make rules and regulations.- (1) The Commission,
with the approval of the Government, may make rules for
(2) The Commission may make regulations for purposes of
regulating its business.
32. Removal of Difficulties.- If any difficulty arises in giving effect
to the provisions of this Act, the Government may, by order
published in the official gazette, make such provisions not
inconsistent with this Act, as appears to it to be necessary or
expedient for removing the difficulty.
Sd/-
291

Dated:19th June, 2020
(ACT XVII OF 2020)
An
Act
further to amend the Azad Jammu and Kashmir Cease Fire Line Incidents
Relief Act, 1992
and Kashmir Cease Fire Line Incidents Relief Act, 1992 (Act XXIV of
1992);
the Azad Jammu and Kashmir Cease Fire Line Incidents Relief
2. Addition of Section 6-A, Act XXIV of 1992.- In the Azad
Jammu and Kashmir Cease Fire Line Incidents Relief Act, 1992
(Act XXIV of 1992), after Section 6, following new Section 6-A
shall be added:-
“6-A. Payment of subsistence allowance.- (1) Every
dependant of such person who has lost life in the
Incident since 1st day of July, 2016 shall be paid, on the
recommendations of competent officer or board of
officers appointed or nominated under Section 4, with
relief of monthly subsistence allowance at such rate as
may be specified by the Government.
(2) For the purpose of this Section, dependent shall
mean all or any of the following persons having reliance
on the deceased during his lifetime for financial support,-
(i) widow(s), till remarriage;
(ii) minor, unmarried and divorced or separated
daughter(s) and sisters;
292
(iii) son(s) and brother(s) below the age of 25 years;

(iv) parents and grandparents; and
(v) orphan grandchildren below the age of 25
years.”
Sd/-
293

(Act XVIII of 2020)
An
Act
to amend and consolidate laws relating to the conduct of elections
WHEREAS it is expedient to amend and consolidate laws
relating to the conduct of elections and matters connected
therewith or ancillary thereto;
It is hereby enacted as follows:--
CHAPTER-I
PRELIMINARY
1. Short title, commencement and extent.__ (1) This Act may be
called the Azad Jammu and Kashmir Elections Act, 2020.
(3) It shall extend to the whole of Azad Jammu and Kashmir
Territory and shall also apply to all State Subjects, wherever they
may be.
2. Definitions.-In this Act , unless there is anything repugnant in
(i) ‘Article’ means Article of the Azad Jammu and Kashmir
Interim Constitution, 1974;
(ii) ‘Assembly’ means the Legislative Assembly of
Azad Jammu and Kashmir;
(iii) ‘Asset’ means any property owned or held by a
candidate or a member;
(iv) ‘Ballot Paper Account’ means a ballot paper
account prepared under sub-section (10) of Section
65;
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(v) ‘Bye-election’ means an election to fill a casual

vacancy referred to in this Act;
(vi) ‘Candidate’ means a person, proposed and seconded as a
candidate for, or seeking, election as a Member;
(vii) ‘CNIC’ means the Computerized National Identity
Card issued by the NADRA;
(viii) ‘Delimitation Commission’ means the Delimitation
Commission constituted under Section 16;
(ix) ‘Commission’ means the Azad Jammu and Kashmir
Election Commission constituted under Article 50 of
Azad Jammu and Kashmir Interim Constitution, 1974;
(x) ‘Commissioner’ means Chief Election Commissioner
appointed under Article 50, and includes an Acting Chief
Election Commissioner appointed under sub-Article (9)
of Article 50;
(xi) ‘Constituency’ means a constituency delimited under the
Section 17, for the purpose of election of a member;
(xii) ‘Constitution’ means the Azad Jammu and Kashmir
Interim Constitution, 1974;
(xiii) ‘Contesting Candidate’ means a candidate who has
been validly nominated for elections as a member
and has not withdrawn his candidature;
(xiv) ‘Election Agent’ means an election agent appointed
by a candidate under Section 49 and, where no such
appointment is made, the candidate acting as his
own election agent;
(xv) ‘Election Petition’ means an election petition made
under Section 81;
(xvi) ‘Election’ means an election to the seat of a
member, held under this Act;
(xvii) ‘Electoral area’ means,-
(a) in rural areas, a village: and
(b) in urban areas,-
(i) where there is a municipal ward, such
ward,
295
(ii) where there is no municipal ward a well-

defined mohallah or a street, or
(c) such other areas as may be determined by the
Commission:
Provided that for the purposes of
challenging voter list in constituencies reserved
for refugees settled in Pakistan, the whole
constituency shall be treated as one Electoral
area.
(xviii) ‘Elector’ in relation to a constituency’ means a
person who is enrolled on the electoral roll for that
constituency;
(xix) ‘Electoral roll’ means an electoral roll prepared
under Section 19;
(xx) ‘Government’ means the Azad Government of the
(xxi) ‘High Court’ means the High Court of Azad Jammu
and Kashmir constituted under Article 43;
(xxii) ‘Member of the Commission’ means Member of the
Commission appointed as such under sub-Article
(6) of Article 50;
(xxiii) ‘Member’ means a Member of Azad Jammu and
Kashmir Legislative Assembly or Local
Government Bodies;
(xxiv) ‘NADRA’ means National Database and
Registration Authority, established by Government
of Pakistan;
(xxv) ‘Nomination day’ means the day declared under
Section 36 for the nomination of candidates;
(xxvi) ‘Political party’ includes a group or combination of
persons which are operating for the purpose of
propagating any political opinion or participating in
any other political activity;
(xxvii) ‘polling agent’ means a polling agent appointed
under Section 50;
296
(xxviii) ‘Polling Assistant’ means a Polling Assistant

appointed under Section 34 for a polling station;
(xxix) ‘Polling day’ means a day on which poll is taken for
an election;
(xxx) ‘Polling officer’ means a polling officer appointed
under Section 34;
(xxxi) ‘Population’ means the population as given in the
latest census report;
(xxxii) ‘Prescribed’ means prescribed by rules made under
this Act;
(xxxiii) ‘President’ means the President of the Azad Jammu
and Kashmir;
(xxxiv) ‘Presiding Officer’ means a Presiding Officer
appointed under Section 34 for a polling station and
includes a Polling Officer exercising the powers and
performing the functions of Presiding Officer;
(xxxv) ‘Qualifying date’ means the date fixed by the
Commission for preparation, revision or amendment
of the electoral rolls under this Act.
(xxxvi) ‘Refugees settled in Pakistan’ for the purposes of
this Act means a person who migrated from Indian
Occupied Jammu and Kashmir and has been settled
in any area of Pakistan:
Provided that a person who migrated from
any part of Indian Occupied Jammu and Kashmir
and settled in any area of Azad Jammu and Kashmir
shall be treated as resident of Azad Jammu and
Kashmir;
(xxxvii) ‘Registered voters’ means voters registered under
this Act;
(xxxviii) ‘Registration Officer’ means a Registration Officer
appointed under Section 20 and includes an
Assistant Registration Officer performing the
functions of the Registration Officer;
(xxxix) ‘Returned candidate’ means a candidate who has
been declared elected as a Member under this Act;
297
(xl) ‘Rules’ mean the rules made under this Act;

(xli) ‘Scrutiny day’ means the day declared under
Section 36 for the scrutiny of nomination papers;
(xlii) ‘spoilt ballot paper’ means a ballot paper which has
been spoiled and is returned to the Presiding Officer
under Section 63 of this Act;
(xliii) ‘State subject’ means a ‘State subject’ as defined in
the Constitution;
(xliv) ‘Supreme Court’ means the Supreme Court of Azad
Jammu and Kashmir;
(xlv) ‘Tribunal’ means an Election Tribunal constituted
under Section 85;
(xlvi) ‘Validly nominated candidate’ means a candidate
whose nomination has been accepted;
(xlvii) ‘Voter’ means,in relation to Assembly or a local
government, a person who is enrolled validly as a
voter on the electoral roll of any electoral area in a
constituency;
(xlviii) ‘Withdrawal day’ means the day declared under
Section 36 on or before which candidature may be
withdrawn;
CHAPTER-II
ELECTION COMMISSION
3. Procedure of the Commission.- (1) In the performance of its
functions, duties and exercise of its powers, the Commission
shall regulate its own procedure.
(2) The Commission may exercise its powers and perform
its functions even if the office of any member of the Commission
is vacant or any of the members is, for any reason, unable to
attend the proceedings of the Commission and the decision of the
majority of the members shall have the effect of the decision of
the Commission.
(3) If, upon any matter requiring a decision of the
Commission, there is difference of opinion amongst its members,
the matter shall be placed before the full Commission for
decision and the opinion of the majority shall prevail and the
298
decision of the Commission shall be expressed in terms of the

opinion of the majority.
4. Power to issue direction.- (1) The Commission shall have the
power to issue such directions or orders as may be necessary for
the performance of its functions and duties, including an order
for doing complete justice in any matter pending before it and an
order for the purpose of securing the attendance of any person or
the discovery or production of any document.
(2) Any such direction or order shall be enforceable
throughout Azad Jammu and Kashmir and shall be executed as if
it has been issued by the High Court.
(3) Anything required to be done for carrying out the
purposes of this Act, for which no provision or no sufficient
provision exists, shall be done by such authority and in such
manner as the Commission may direct.
5. Assistance to the Commission.- (1) The Commissioner or the
Commission may require any person or authority to perform such
functions or render such assistance for the purposes of this Act as
he or it may direct.
(2) It shall be the duty of all executive authorities to render
such assistance to the Commissioner and the Commission in the
discharge of his or its functions as may be required by the
Commissioner or the Commission.
(3) The Government shall make available to the
Commission such staff as it may require for the performance of
its functions under this Act:
Provided that where the Commission decides to utilize
the services of serving judicial officers, it may do so in
consultation with the Chief Justice of the High Court.
(4) After the Election Programme has been issued and till
the publication of the names of the returned candidates in the
official Gazette, the Government or authority shall not post or
transfer any official appointed or deputed in connection with an
election without prior approval in writing of the Commission,
including posting or transfer, the decision in respect whereof has
not been implemented, and the Commission may itself issue
necessary directions to the Government or authority for the
posting or transfer of any official.
6. Delegation of powers.- (1) The Commission may authorize the
Commissioner or any of its members or any of the officers of the
299
Commission to exercise and perform any of its powers and

functions under this Act.
(2) The Commissioner shall exercise powers relating to the
appointment of officers and staff to be employed in connection
with the functions of the Commission and determine their terms
and conditions of employment in accordance with the Rules.
(3) The Commissioner shall constitute a bench comprising
members of the Commission to hear and decide complaints,
applications, petitions or appeals filed before him.
(4) The decision of a bench constituted under sub-section (3)
shall be deemed to be a decision of the Commission except
where due to difference of opinion among members of the bench,
the matter is required to be placed before the full Commission for
decision under Section 3.
7. Power to requisition property.- (1) The Government, Deputy
Commissioner or head of district administration, by whatever
name called, shall, upon a request made in this behalf by the
Commission, requisition a vehicle, vessel or other means of
transportation as is needed or is likely to be needed for the
purpose of transporting to and from any polling station ballot
boxes or other election material or any officer or other person
engaged for the performance of any duty in connection with an
election:
Provided that the Government, Deputy Commissioner or
head of district administration, by whatever name called, shall
not requisite a vehicle, vessel or other means of transportation
which is being used by a candidate or his election agent for any
purpose connected with the election of such candidate:
Provided further that Government own vehicle of a
department shall only be requisitioned/used with the prior written
approval of the Administrative Secretary.
(2) Any person authorized in this behalf by the Government
may take possession of a vehicle, vessel or other means of
transportation requisitioned under sub-section (1) and may for
that purpose use such force, including police force, as may be
reasonably necessary.
(3) Where any vehicle, vessel or other means of
transportation is requisitioned under sub-section (1), there shall
be paid to the owner thereof compensation the amount of which
shall be determined by the Government or the officer
requisitioning the vehicle, vessel or other means of transportation
300
on the basis of the fares and rates prevailing in the locality for its
hire.
(4) Where the owner of the vehicle, vessel or other means of
transportation, being aggrieved by the amount of compensation
so determined makes an application to the Government within a
period of thirty days from the date the amount has been
determined, for the matter being referred to an arbitrator agreed
upon by the parties, the amount of compensation to be paid shall
be such as the arbitrator appointed in this behalf by the
Government may determine.
8. Power of Commission to ensure fair election.- Save as
otherwise provided, the Commission may,-
(a) stop the polls at one or more polling stations at any stage
of the election if it is convinced that it shall not be able
to ensure the conduct of the election justly, fairly and in
accordance with law due to large scale malpractices,
including coercion, intimidation and pressures,
prevailing at the election;
(b) review an order passed by an officer under this Act or
the Rules, including rejection of a ballot paper; and
(c) issue such instructions, exercise such powers and make
such consequential orders as may in its opinion, be
necessary for ensuring that an election is conducted
honestly, justly, fairly and in accordance with the
provisions of this Act and the Rules.
9. Power of the Commission to declare a poll void.- (1)
Notwithstanding anything contained in this Act, if, from facts
apparent on the face of the record and after such inquiry as it
may deem necessary, the Commission is satisfied that by reason
of grave illegalities or such violations of the provisions of this
Act or the Rules as have materially affected the result of the poll
at one or more polling stations or in the whole constituency
including implementation of an agreement restraining women
from casting their votes, it shall make a declaration accordingly
and call upon the voters in the concerned polling station or
stations or in the whole constituency as the case may be, to recast
their votes in the manner provided for bye-elections.
Explanation.–If the turnout of women voters is less than
ten percent of the total votes polled in a constituency, the
Commission may presume that the women voters have
been restrained through an agreement from casting their
301
votes and may declare, polling at one or more polling

stations or election in the whole constituency, void.
(2) Notwithstanding the powers conferred on it by sub-
section (1), the Commission may order filing of complaint under
this Act before a court of competent jurisdiction against persons
who entered into the agreement referred to in sub-section (1).
(3) Notwithstanding the publication of the name of a
Returned Candidate, the Commission may exercise the powers
conferred on it by sub-section (1) before the expiration of sixty
days after such publication; and, where the Commission does not
finally dispose of a case within the said period, the election of the
Returned Candidate shall be deemed to have become final,
subject to the decision of an Election Tribunal on an election
petition, if any.
(4) While exercising the powers conferred on it by sub-
section (1), the Commission shall be deemed to be an Election
Tribunal to which an election petition has been presented, and
(5) Any person aggrieved by a declaration of the
Commission under this Section may, within thirty days of the
declaration, prefer an appeal to the Supreme Court.
10. Power to punish for contempt.- The Commission may exercise
the same power as the High Court to punish any person for
contempt of court and the Contempt of Court Act 1993, or any
other law pertaining to contempt of court shall have effect
accordingly as if reference therein to a “court” and to a “judge”
were a reference, respectively, to the “Commission” and the
“Commissioner” or, as the case may be, a member of the
Commission.
11. Measures for training and public awareness.- The
Commission shall, from time to time as it may deem fit,–
(a) conduct training programs for election officials including
officials of the Commission, any Government or
corporations, and autonomous or semi-autonomous bodies
and officers from the judiciary, if any, deputed or selected
in connection with an election in accordance with
procedure laid down under this Act or the Rules;
(b) advise public authorities, educational and training
institutions regarding programmes and measures for
dissemination of knowledge regarding electoral laws and
best practices;
302
(c) conduct public awareness programme and media

campaigns, regarding the importance of maximum voter
enrolment and participation in elections, especially by
women, dissemination of information regarding procedure
of casting vote, and the importance of maintaining the
integrity of the electoral process; and
(d) examine laws, rules and regulations in force which are
relevant to the conduct of elections and recommend to the
Government amendments in such laws, rules or
regulations, as the case may be, in order to increase
transparency and fairness and eliminate corrupt practices.
12. Action Plan.- (1) The Commission shall, at least four months
before the general election is due to be held on expiry of the term
of an Assembly, prepare a comprehensive Action Plan specifying
all legal and administrative measures that have been taken or
required to be taken in respect of the election, including the
following,-
(a) delimitation of constituencies;
(b) revision of electoral rolls;
(c) enlistment of political parties;
(d) allocation of symbols;
(e) appointment and training of District Returning Officers,
Returning Officers, Assistant Returning Officers,
Presiding Officers, Assistant Presiding Officers, Polling
Officers and other election officials;
(f) preparation of constituency-wise list of polling stations
and list of polling personnel;
(g) determination and printing of requisite number of ballot
papers and designation of printing presses;
(h) establishment of a transparent result management system
for election results;
(i) introduction of any new technology;
(j) arrangements for election observers;
(k) appointment of the Appellate and Election Tribunals;
(l) security measures; and
(m) monitoring mechanism to report progress regarding
implementation of the Action Plan.
303
(2) The Commission shall carry out a post-election review

of implementation of the Action Plan to ascertain shortcomings,
if any, with suggestions to further improve the electoral system.
(3) The Commission shall include the post-election review
in its next annual report and publish it on its website.
13. Complaints.- (1) Any person aggrieved by any decision or
action taken or direction issued by an authority subordinate to the
Commission or any action of a political party or a candidate in
violation of the Code of Conduct may, within fifteen days of
such decision or action, submit a complaint to the Commission
pertaining to matters other than relating to election disputes.
(2) The Commission may refer the complaint received under
sub-section (1) to such authority as it may deem appropriate for
inquiry and report.
(3) The Commission may, on receipt of inquiry report or
after hearing the complainant and any other person relevant to
the proceedings itself and holding a summary inquiry, pass such
orders as it may deem fit within thirty days from the date of
receipt of the complaint.
(4) The Commission may also act under this Section on its
own accord.
(5) The Commission may publish the order passed under
sub-Section (3) on its website, wherever practicable.
14. Commission to submit Annual Report.- (1) The Commission
shall, within 90 days after the end of every calendar year, publish
a report of its activities for the year and send the report to the
Government.
(2) The Government shall within 60 days from the receipt of
the annual report from the Commission lay the annual report in
the legislative Assembly.
(3) Immediately after the annual report is laid in the
Legislative Assembly, the Commission shall publish the annual
report on its website.
15. Officers and servants.-The Commissioner shall exercise powers
relating to the appointment of officers and staff to be employed
in connection with the functions of the Commission and
determine their terms and conditions of employment in
accordance with the Rules.
304
CHAPTER-III
DELIMITATION OF CONSTITUENCIES
16. Delimitation Commission.-The Commission constituted under
Article 50 of the Azad Jammu and Kashmir Interim Constitution,
1974, shall be delimitation Commission for purposes of this Act.
17. Delimitation of Constituencies, etc.-(1) The Commission shall,-
(a) for the purpose of election to the seats in the Legislative
Assembly, divide each district in the Azad Jammu and
Kashmir territory into as many territorial 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 Legislative
Assembly for the State Subjects who are now residing in
any of the Provinces of the Punjab, Baluchistan, Sindh
and Khyber Pakhtunkhwa and Islamabad Capital
Territory divide each Province or Provinces or areas into
as 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 or
areas shall be on the basis of registered voters.
(3) The Constituencies for the seats in the Legislative
Assembly 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 for 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
305
amendments, alterations or modifications in the preliminary list

published under sub-section (4) as it thinks fit or necessary, and
shall publish in the Official Gazette of the final list of territorial
constituencies showing the areas included in each such
constituency.
18. Validity of act of Commission not questionable.-The validity
of the delimitation or formation of any constituency, or of any
proceeding taken or anything done by or under the authority of
the Commission, under this Act shall not be called in question in
any Court.
CHAPTER-IV
ELECTORAL ROLLS
19. Electoral Rolls for Election of Legislative Assembly.-(1) The
electoral rolls for election to the Legislative Assembly shall be
prepared for each electoral area.
(2) Notwithstanding anything contained in sub-section (1)
separate electoral lists shall be prepared for, __
(a) State Subjects residing in Azad Jammu & Kashmir
territory;
(b) State Subjects of the Indian occupied areas of the
districts of Anantnag (Islamabad), Baramula and
Muzaffarabad and now residing in Pakistan as existed
the 14th day of August, 1947; and
(c) Seats for the State Subjects from occupied areas of
districts of Jammu, Kathua, Reasi, Udhampur, Poonch
State and Mirpur as existed on the 14th day of August,
1947 and Mangla Dam affectees who are now residing in
any of the province of Pakistan.
(3) Each Electoral Roll shall bear the name, father name and
permanent address of the voter alongwith number contained in
his CNIC or Form-B, as the case may be.
20. Appointment of Registration Officers, etc.- (1) The
Commission 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.
306
(2) Subject to such instructions as may be given in this

behalf by the Commission,-
(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.
21. Preparation of electoral rolls, etc.- (1) The Registration Officer
for an electoral area shall, under the superintendence, direction
and control of the Commission, 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 eighteen years of age and possesses
CNIC or original “Form-B” issued by the NADRA if he
is likely to attain eighteenth year of age on qualifying
date or photo bearing identity card for refugees of
Jammu and Kashmir 1989 and afterward, issued by the
Government:
Provided that expired CNIC shall be valid for
enrolment:
Provided further that if a state subject is likely to
attain eighteen years of age on qualifying date, he shall
be registered as voter on production of original Form-B
issued by NADRA and number mentioned against his
name for his prospective CNIC shall be entered in
Electoral roll:
Provided further that the refugees settled in
Pakistan not holding state subject certificate may be
enrolled as voter on certification of a committee
constituted by Commission for each constituency as he
may deems fit;
(b) does not stand declared by a competent Court to be of
unsound mind; and
(c) is or is deemed under Section 24, to be resident in the
electoral area.
(2) The draft electoral roll prepared under sub-section (1),
together with a notice inviting claims and objections within such
period as may be specified by the Commission with respect
thereto, shall be published in such manner as may be prescribed.
307
(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 sub-section (3), the Registration Officer shall publish
in the prescribed manner the final electoral roll for each electoral
area.
(5) (a) The Electoral Roll published under sub-section (4), upon
issuance of its notification by the Commission, be
deemed to be the Electoral Roll of the electoral area
concerned and shall come into force immediately on
such notification;
(b) The existing electoral roll, for the time being enforce,
shall continue to remain enforce and operative until the
notification by the Commission under clause (a) is
issued.
(6) If the Commission, on account of any gross error or
irregularity in the preparation of an electoral roll for any electoral
area published under sub-section (4), considers it necessary so to
do, he may by order direct that,-
(i) the electoral roll for that area be amended, revised or
corrected in such manner as the Commission may deem
fit;
(ii) the electoral roll or draft for that area shall stand
cancelled and that an electoral roll for such area be
prepared afresh in accordance with the provisions of this
Act or Rules made thereunder.
(7) An electoral roll shall be revised, amended or corrected
in the prescribed manner, as and when necessary, so as-
(i)(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 enrollment on
such roll.
(ii) An electoral roll, as amended and corrected, from time to
time, shall be maintained in the prescribed manner and
shall, together with a notice inviting applications for
308
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.
22. Departure from normal procedure in exceptional
circumstances.- Where the Commission is satisfied that it is not
possible to follow the procedure laid down for the preparation,
amendment, revision and correction of an electoral roll in respect
of any electoral area, it may direct that an electoral roll for such
electoral area shall be prepared in such a manner as it deems fit.
23. Access to register of births and deaths.-The Registration
Officer and any person authorized by him in this behalf shall
have access to any register of births and deaths maintained under
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 Act 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.
24. Meaning of “resident”.-(1) A person shall be deemed to be
resident of an Electoral Area of his permanent address mentioned
in his CNIC:
Provided that where a person desires to be enrolled in an
Electoral Area where he is residing temporarily and his address
as such is mentioned in his CNIC, he may be enrolled in
Electoral Area of his temporary residence on the production of
certificate of the Registration Officer of the Electoral Area of his
permanent address to the effect that he is not enrolled as voter in
that area.
(2) The wife of any such person as is referred to in sub-
section (2) and such of his children as are entitled to be enrolled
shall, if they ordinarily reside with such person be deemed to be
resident in the electoral area in which such person is deemed to
be resident under that sub-section.
(3) 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.
(4) 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:
Provided that Registration Officer of Electoral Area of
his permanent residence provides certificate regarding his non
309
enrolment in the Electoral Area of his permanent residence as

mentioned in the CNIC.
25. No Person to be enrolled more than once or in more than one
electoral area.- (1) 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.
(2) Whoever contravenes the provisions contained in sub-
section (1), shall be punished with imprisonment which may
extend to one month and fine not less than rupees five thousand
or both.
26. Preparation and revision of electoral rolls.-(1) The
Commission may, at any time, by order direct that an electoral
roll of any electoral area, be prepared afresh or revised, if he, for
any reason, considers such preparation or revision to be
necessary.
(2) The procedure provided for the preparation of the
electoral rolls shall, as far as may be followed for the purpose of
revision of such rolls.
27. Validity of electoral rolls, etc. not affected by reason of any
mistake.- An electoral roll shall not be invalid by reason of any
mis-description 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.
28. Commission power to include a name in an electoral roll.-
Subject to Section 26, the Commission may at any time before
announcement of election schedule order,-
(a) the inclusion in an electoral roll of the name of any
person entitled to be enrolled on such electoral rolls, and
such name shall from the date of such order form part of
the electoral roll;
(b) the exclusion from an electoral roll of the name of any
person who has died or has become disqualified to be a
voter, and such name shall, from the date of such order
stand excluded from that roll; and
(c) the removal of the name of any person from an electoral
roll where such removal becomes necessary due to the
repetition of the name in the same electoral roll or in the
electoral rolls of more than one electoral area.
310
29. Breach of Official Duty.- Where a Registration Officer, an

Assistant Registration Officer or any other person appointed in
connection with official duty under this Act, willfully or without
reasonable excuse, commits breach of official duty by an act or
omission, the Commission may suspend such officer or person
and initiate proceedings against him and refer the case along with
statement of allegation to the Government for disciplinary action.
30. Summary trial of offences.- The offence under this Chapter
shall be tried in accordance with the provisions of Chapter XXII
of the Code of Criminal Procedure, 1898.
CHAPTER-V
QUALIFICATIONS AND
DIS-QUALIFICATIONS
31. Qualifications and disqualifications for being a member.-
(1) Subject to the provisions of the Constitution and this Act, a
person shall be qualified to be elected as and to be, a member if:
(a) he is a State Subject;
(b) he has attained the age of 25 years ;
(c) his name appears on the electoral roll of any
constituency in the Azad Jammu and Kashmir Territory
or Pakistan;
(d) he is of good character and is not commonly known as
one who violates Islamic Injunctions;
(e) he has adequate knowledge of Islamic teachings and
practices obligatory duties prescribed by Islam as well as
abstains from major sins; and
(f) he is sagacious, righteous, honest, ameen and not
profligate:
Provided that the provisions (d) and (e) above
shall not apply to a person who is a non-muslim, but
such a person shall have a good moral reputation.
(2) A person shall be disqualified for being elected or
chosen and for being a member, if:
(i) he is of unsound mind and stands so declared by a
competent court; or
(ii) he is an un-discharged insolvent unless a period of ten
years has elapsed since his being adjudged as insolvent;
or
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(iii) he has been, on conviction for any offence, sentenced to

transportation for any term or imprisonment for a term of
not less than two years unless a period of five years has
elapsed since his release; or
(iv) he holds any office of profit in the service of Azad
Jammu & 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 other than an
office of Parliamentary Secretary, Advisor to the
Government, Special Assistant to the Prime Minister or
to the President or Chairman District Council or
Municipal Committee or the Chairman and members of
Zakat Council or Chairman of a Development Authority
or Board as specified in the Second Schedule of Interim
Constitution, 1974; or
(v) he has been dismissed for misconduct from the service of
Azad Jammu and Kashmir or the service of Pakistan
unless a period of five years has elapsed since his
dismissal; or
(vi) he is in the service of any statutory body or anybody
which is owned or controlled by the Government or in
which the Government has a controlling share or
interest; or
(vii) he is propagating any opinion or acting in any manner,
prejudicial to the ideology of Pakistan, the ideology of
State’s accession to Pakistan or the sovereignty, integrity
of Pakistan or security of Azad Jammu and Kashmir or
Pakistan or morality, or the maintenance of Public order,
or the Integrity or independence of the Judiciary of Azad
Jammu and Kashmir or Pakistan, or which defames or
brings into ridicule the Judiciary of Azad Jammu and
Kashmir or Pakistan, or the Armed Forces of Pakistan;
or
(viii) he has been removed or compulsorily retired from the
service of Azad Jammu and Kashmir or Pakistan on the
grounds of misconduct, unless a period of three years has
elapsed since his removal or compulsorily retirement; or
(ix) he has been in the Service of Azad Jammu and Kashmir
or Pakistan or of any statutory body or anybody which is
owned or controlled by the Government or the
Government of Pakistan, or in which any of the
Government has a controlling share or interest, other
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than an office exempted in clause (iv), unless he retires

from such service; or
(x) he is found guilty of corrupt or illegal practice under any
other law for the time being enforce, unless a period of
seven years has elapsed from the date on which that
order takes effect; or
(xi) he has been an office-bearer of a political party dissolved
under Section 132 and has not before a declaration in
respect of such party is made under sub-section (1) of
that Section, resigned, or publicly announced
disassociation from such party, unless a period of five
years has elapsed from the date of such dissolution; or
(xii) he has been convicted under Section 133, unless a period
of five years has elapsed from the date of his release; or
(xv) he is for the time being disqualified from being elected
or chosen as a member of the Legislative Assembly of
Azad Jammu and Kashmir under any law for the time
being enforce; or
(xvii) he, whether by himself or by any person or body of
persons 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 service undertaken by the
Government:
Provided that the disqualification under this
clause shall not apply to a person–
(a) 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
(b) where the contract has been entered into by or on
behalf of a public company as defined in the
Companies Act, 1913 (VII of 1913), of which he
is a share-holder but is neither a director holding
an office of profit under the company nor a
managing agent; or
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(c) 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 or
carrying on separate business in which he has no
share or interest.
Explanation I.- In sub-clause (v), (viii) and (ix) of sub-
section (2), ‘Service of Azad Jammu and Kashmir’ and
‘Service of Pakistan’ have the same meaning as assigned
to them in Article 2 of the Azad Jammu and Kashmir
Interim Constitution, 1974 and in Article 260 of the
Constitution of Pakistan respectively.
Explanation II.- In sub-clause (xi) of sub-section (2)
‘office-bearer of a political party’ means an office bearer
of the National, State or District set-up of the party
otherwise than as a mere member of the working
Central, District or other committee of party.
Explanation III.- In sub-clause (xvii) of sub-section (2)
goods’ does not include agricultural produce or
commodity grown or produced by him or such goods as,
he is, under any Directive of Government or any law for
the time being inforce, under a duty or obligation to
supply:
(xviii) he is having a bad reputation or known to be morally
corrupt;
(xix) he or any person on his behalf makes or threatens to
make use of any force, show of arms or use of arms in
any manner with the intention to nullify or disrupt
elections or influence the result of election;
(xx) he or any person on his behalf inflicts or threatens to
inflict any injury, damage, harm or loss to any person or
candidate so as to restrain him from voting or adversely
affects the election process in any manner;
(xxi) he has failed to file the required return of election
expenses within time or it is proved that he has exceeded
the permissible limit of election expenses;
(xxii) he is a willful defaulter of any tax or other financial dues
owed to the Government, a local Government or any
financial institution including utility bills outstanding for
six months or more;
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(xxiii) he possesses assets which are inconsistent with his

declared assets or justifiable means, whether held in his
own name or in the name of dependents or any other
person or corporate body in whose name assets are held
in trust or under any other formal or informal
arrangements, whereby the de facto control of such
assets including their sale, transfer or pecuniary interest,
is retained by him;
(xxiv) he fails to submit a statement under Section 78 or
knowingly submits a false or incorrect statement; and
(xxv) he does not have academic qualification of matriculation
or equivalent from a recognized institution.
(3) if a person having been elected to the Azad Jammu and
Kashmir Legislative Assembly as a candidate or nominee of a
political party, withdraws himself from that party, he shall, from
the date of such withdrawal, be disqualified from being a
member of the Assembly for the unexpired period of his term
unless he has been re-elected at a bye-election held after his
disqualification.
(4) if a person having been elected as member of Azad
Jammu and Kashmir Legislative Assembly other than as a
nominee of a political party joins any party and then withdraws
from that party, he shall, from the date of such withdrawal,
stand disqualified from being a member of the Assembly for the
unexpired period of his term unless he has been re-elected at a
bye-election held after his disqualification.
CHAPTER-VI
ELECTION
32. Appointment of Returning Officer, etc. (1) The Commission
shall appoint District Returning Officer for each District within
Azad Jammu and Kashmir territory and Returning Officer for
each Constituency for the purpose of holding elections:
Provided that a person may be appointed as Returning
Officer for two or more constituencies.
(2) The Commission may appoint as many Assistant
Returning Officers as may be necessary.
(3) An Assistant Returning Officer shall assist the Returning
Officer in the performance of his functions under this Act and
may, subject, to any condition imposed by the Commission,
315
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 Act and the
rules.
(5) Subject to the superintendence, direction and control of
the Commission the District Returning Officer shall co-ordinate
and supervise all work in the district in connection with the
conduct of election and shall also perform such other duties and
functions as may be entrusted to him by the Commission.
(6) Notwithstanding anything contained in any other law or
order for the time being inforce, the Commission may, at any
time, for reasons to be recorded in writing, suspend any officer
performing any duty in connection with an election or any other
public functionary, or any member of Police force or any other
law enforcing agency, who obstructs or prevents or attempts to
obstruct or prevent the conduct of fair and impartial Poll or
interferes or attempts to interfere with an elector when he records
his vote or influences the Polling Staff or an elector or does any
other act calculated to influence the result of election and make
such arrangements as he may consider necessary for the
performance of the functions of the officer so suspended.
(7) Where the Commission suspends any officer under sub-
section (6), the Commission shall refer the matter to the
appropriate authority for taking disciplinary action against such
Officer.
33. Polling Stations. (1) The Returning Officer shall, before such
time as the Commission may fix, submit to the Commission or
as the case may be to the District Returning Officer the list of
polling stations he proposes to provide in a constituency for the
purpose of election of a member for that constituency.
(2) Any person aggrieved by the list of the polling station,
prepared by the Returning Officer under sub-section (1), may file
an appeal before the District Returning Officer, and any person
aggrieved by the decision of District Returning Officer may file
second appeal before the Commission.
(3) The Commission or as the case may be, the District
Returning Officer 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,
316
publish in the Official Gazette, the final list of the polling

stations specifying the area and electors whereof will be entitled
to vote at each polling station.
(4) The Returning Officer shall be provided each
constituency with polling stations according to the final list
published under sub-section (2).
(5) No polling station shall be located in any such premises
as belong to, or, are under the control of, any candidate.
34. Presiding Officer and Polling Officers.-(1) A Returning
Officer shall appoint for each polling station a Presiding Officer
and such number of Polling Officers and Polling Assistants 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 list of such Presiding Officers, Polling Officers and
Polling Assistants shall be submitted to the Commission or as the
case may be to the District Returning Officer at least fifteen days
before the Polling day for its approval and no change in the
personnel shall be made except with the approval of the
Commission.
(3) A Presiding Officer shall conduct the poll in accordance
with the provisions of this Act 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, 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.
(4) 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.
(5) The Returning Officer may, at any time during the poll
for reasons to be recorded in writing, suspend any Presiding
317
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.
35. Supply of Electoral rolls.-(1) The Commission 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.
36. Notification for Election.-(1) For the purpose of holding
elections for constituting the Legislative Assembly, the
Commission 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 on or before which nomination of the candidate is
to be made;
(b) a day for the scrutiny of nomination paper;
(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.
(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 Commission in respect of, the
constituency or 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 by which and the place at
which nomination papers shall be received by the Returning
Officer.
37. Alteration in Election Programme.- Notwithstanding anything
contained in Section 36, the Commission may at any time after
the issue of notification under sub-section (1) of that Section,
make such alterations in the programme announced in that
notification for the different stages of the election as may in his
opinion be necessary.
318
38. 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:
Provided that a candidate may deliver or cause to be
delivered to the Commission a duplicate of the nomination paper
on or before the nomination day or may send it to the
Commission by registered post so as to reach him on or before
that day.
(4) A person may be nominated in the same constituency by
more than one nomination paper.
(5) If any person on subscribes to more than one nomination
paper all such nomination papers 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.
(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.
39. Deposits.- (1) Subject to the provisions of sub-section (2), no
nomination paper delivered under Section 38 shall be accepted
unless, -
319
(a) in case of a candidate from Azad Jammu and Kashmir

Territory a sum of ten thousand 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 two thousand rupees
in favour of the Accountant General, Azad Jammu and
Kashmir Government is presented to the Returning
Officer along with 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.
40. 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 38.
(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 nominated;
(b) the proposer or the seconder is not qualified to subscribe
to the nomination paper;
(c) any provision of Section 38 or Section 39 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;
320
(ii) the Returning Officer shall not reject a

nomination paper on the ground of any defect
which is not of a substantial nature including an
error in regard to the name, serial number in the
Electoral Roll or other particulars of the
candidate, his proposer or seconder 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 the reasons for rejection and in the case of an
objection being raised to his decision to accept the nomination
paper, record brief reasons for rejecting the objection.
(5) Any person aggrieved by an order under sub-section (4)
may file an appeal within a prescribed period to the Commission
whose decision shall be final.
(6) Announcement of the day and time appointed for the
hearing of an appeal under sub-section (5) over the radio or by
publication in the press shall be deemed to be sufficient notice of
the day and time so appointed.
41. Action on duplicate of nomination paper.- (1) in a case in
which the Returning Officer denies receipt of the nomination
paper of a candidate and the candidate asserts that the duplicate
of the nomination paper had been delivered, or sent by post to the
Commission in accordance with the provision to sub-section (3)
of Section 38 and produces a receipt issued by the Commission
or by the post office on its having been so delivered or sent it
shall be the duty of the Returning Officer to inform the
Commission of such assertion.
(2) If the Commission is in receipt of the duplicate of the
nomination paper he shall at the request of the Returning Officer
forward it to the Returning Officer.
(3) A duplicate of a nomination paper forwarded to the
Returning Officer under sub-section (2) shall be treated as if it
were the original nomination paper delivered to him under sub-
section (3) of Section 38 and the provisions of Section 40 shall
apply to it accordingly.
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42. 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 candidates who have
been validly nominated.
(2) In case an appeal against rejection of a nomination paper
has been accepted by the Commission the list of validly
nominated candidates shall be revised accordingly.
43. Withdrawal.-(1) Any validly nominated candidate may, by
notice in writing signed by him and delivered on or before the
withdrawal day to the Returning Officer either by such candidate
in person or by an Advocate 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 circumstances 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.
44. Retirement from election, etc.– (1) A contesting candidate may
retire from the contest by a notice in writing signed by him and
delivered to the Returning Officer on any day not later than two
days before the polling day either by such candidate in person or
by an agent authorised in this behalf in writing by such
candidate.
(2) No person who has given a notice of retirement under
sub-section (1) shall be allowed to cancel the notice.
(3) The Returning Officer shall upon receiving a notice of
retirement under sub-section (1) cause a copy thereof to be
affixed at some conspicuous place in his office and also to be
published in such manner as he may think fit.
(4) A person in respect of whom a notice of retirement has
been published under sub-section (3) shall be deemed to have
withdrawn his candidature under Section 43.
45. Death of 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.
322
(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 Act as if
for a new election.
46. 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 therefor he may postpone or
adjourn such proceedings and shall with the approval of the
Commission 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.
47. Un-contested election.– (1) Where after scrutiny under Section
40, there remains only one validly nominated candidate or were,
after withdrawal under Section 43, or retirement under Section
44 there remains only one contesting candidate, the Returning
Officer shall so inform the Commission and forward to him all
the nomination papers received by him from the constituency
concerned and such other papers as may be specified by the
Commission.
(2) The Commission shall, after such inquiry as he may
deem necessary in any case, by notification in the Official
Gazette declare the candidate referred to in sub-section (1) to be
elected to the seat:
Provided that if after scrutiny any candidate indicates
that he intends to file an appeal under sub-section (5) of Section
40, no person shall be declared elected until the period prescribed
for filing such appeal has expired and no such appeal has been
filed or, where an appeal is filed, until the disposal of such
appeal.
(3) The Returning Officer shall submit to the Commission a
return of the election in respect of which he has made a
declaration under sub-section (1).
(4) The Commission shall publish in the Official Gazette,
the name of the returned candidate.
48. 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 Commission, one
of the prescribed symbols to each contesting candidate,
323
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 Commission 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.
49. 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 agent and shall, so far as the circumstances permit, be
subject to the provisions of this Act both as a candidate and as an
election agent.
50. 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 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.
51. Absence of candidates, etc. not to invalidate acts, etc.-Where
any act or thing is authorised by this Act to be done in the
presence of the candidate, an election agent or a polling agent,
324
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.
52. Hours of the Poll.-The Returning Officer shall, subject to any
direction of the Commission, fix the hours during which the poll
shall be taken and give public notice of the hours so fixed.
53. Adjournment of poll in emergencies.- (1) If at an election the
proceedings at any polling station are interrupted or obstructed
by any riot or open violence, or if at an election it is not possible
to take the poll at any polling station on account of any natural
calamity, or any other sufficient cause, the Presiding Officer
shall report the circumstances to the Returning Officer who may
adjourn the poll to a date to be notified later.
(2) Whenever a poll is adjourned under sub-section (1), the
Returning Officer shall immediately report the circumstances to
the Commission and shall, as soon as may be with the previous
approval of the Commission, appoint the day on which the poll
shall recommence and fix the Polling Station at which, and the
hours during which the poll will be taken and shall not count the
votes cast at such election until such adjourned poll shall have
been completed.
(3) In every such case as aforesaid, the Returning Officer
shall notify in such manner as the Commission may direct the
date, place and hours of Polling fixed under sub-section (2).
54. Fresh poll in the case of destruction, etc. of ballot boxes.– If at
any election,–
(a) any ballot box used at a 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 tempered with, to such an extent that the
result of the poll at the polling station cannot be
ascertained; or
(b) any error irregularity which is likely to vitiate the poll is
committed at a polling station the Returning Officer shall
forthwith report the matter to the Commission.
(2) The Commission may, on its own motion or on receipt of
a report under sub-section (1), and for reasons to be recorded,
either,-
(a) declare the poll at that polling station to be void,
appoint a day and fix the hours for taking a fresh
325
poll at that polling station and notify the day so

appointed and the hours so fixed in such manner
as may deem fit; or
(b) if satisfied that the result of a fresh poll at that
polling station will not, in any way, effect the
result of the election or that the error or
irregularity is not material, issue such directions
to the Returning Officer as he may deem proper
for the further conduct and completion of the
election.
(3) The provisions of this Act and the rules and orders
made thereunder shall apply to every fresh poll taken under
sub-section (2).
55. Election by secret ballot.-An election under this Act shall be
decided by secret ballot and subject to the provisions of Section
56, every elector shall cast his vote by inserting, in accordance
with the provisions of this Act in the ballot box a ballot paper in
the prescribed form.
56. 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 sub-section (4) of Section 24; 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) Any elector who, being entitled to do so, intends to cast
his vote by postal ballot shall,-
(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 36; 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
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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.
57. 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 Commission.
(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 seal it; and
(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.
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58. Admission to the Polling Station.- The Presiding Officer shall,

subject to such instructions as the Commission may give in this
behalf, regulate the number of electors to by 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.
59. 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 the Police Officer or member of
Armed Forces.
(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 station at which he is entitled to vote.
60. Voting Procedure.-(1) Where an elector presents himself at the
polling station to vote, the Presiding Officer shall issue a ballot
paper to the elector after satisfying himself about the identity of
the elector and shall for that purpose require the elector to
produce CNIC issued by NADRA or photo bearing Identity Card
for refugees of Jammu and Kashmir 1989 and afterward, issued
by the Government:
Provided that the expired CNIC shall also be valid for
casting vote.
Explanation:- Enrollment as a voter on the basis of original
Form-B shall not entitle a person to cast vote unless he produces
original CNIC.
(2) Before a ballot paper is issued to an elector,-
(a) the number and name of the elector as entered in the
electoral roll shall be called out;
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(b) 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;
(c) a ballot paper shall on its back be stamped with the
official mark and initialed by the Presiding Officer; and
(d) the Presiding Officer shall record on the counterfoil of
the ballot paper the number of the elector on the electoral
roll, stamp it with the official mark, put his initials on it
and obtain on it in indelible ink, the thumb impression of
the elector.
(3) A ballot paper shall not be issued to a person who,-
(a) refuses to receive the personal marks with indelible ink;
and
(b) does not produce the CNIC or a photo bearing identity
card for refugees of Jammu and Kashmir 1989 and
afterward, issued by the Government.
(4) If a contesting candidate or his election agent 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) On receiving the ballot paper, the elector shall,-
(a) forthwith proceed into the place reserved for marking the
ballot paper;
(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 the ballot paper, fold 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 the 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
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such elector may do with such assistance anything which an

elector is required or permitted to do under this Act.
61. Tender ballot Paper.- (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.
62. 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 person has already voted to 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 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.
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63. 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 other 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 labeled
“Spoilt Ballot Papers”.
64. Voting after close of Poll.-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.
65. 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 64, 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
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 person 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 there from;
(b) open the packet labeled, 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–
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(i) no official mark and initial of the Presiding

Officer;
(ii) any writing or any mark other than the mark of
his thumb, the official mark, the initials of the
Presiding Officer 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
(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 cost 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 there on 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
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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
certified copy of the statement of the count and the ballot paper
account.
(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 on 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 Commission in this behalf
cause the packets the statement of the count and the ballot paper
333
account prepared by him to be sent to the Returning Officer

together with such other records as the Commission may direct.
66. 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.
(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
65.
(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 Commission.
67. Equality of Votes.-Where after consolidation of the results of
the count under Section 66, 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
334
election agents as may 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 proceedings.
68. Declaration of results.-(1) The Returning Officer shall after
obtaining the result of the count under Section 66 or of the drawl
of the lot under Section 67, declare by public notice the
contesting candidate who has or is deemed to have received the
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
Commission a return of the election in the prescribed form
together with a copy of the consolidated statement.
(4) The Commission shall publish in the Official Gazette the
name of the returned candidate.
69. 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.
70. Return on forfeiture of deposit.-(1) After the termination of the
proceedings relating to an election under Section 45 where the
proceedings have been so terminated, or after the declaration of
the result of an election under Section 47, or Section 68, the
deposit made under Section 24 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
than 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.
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71. Documents to be sent to and retained by the Commission.-

(1) The Returning Officer shall forward to the Commission,–
(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
Retuning Officer;
(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) the packets 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 Commission 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 Commission 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.
72. Public inspection of documents.-The documents retained by the
Commission under Section 71, except the ballot paper shall be
open to public inspection at such time and subject to such
conditions as may be prescribed and the Commission shall upon
an application made in this behalf and on payment to such fee
and subject to such conditions as may be prescribed furnish
copies of or extracts from those documents.
73. 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 caring into effect an order,
for the inspection of counted ballot papers care shall be taken
336
that no vote shall be disclosed until it has been held by the

Tribunal to be invalid.
(3) Where an order is made under sub-section (1), the
Production by the Commission 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
be 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 provided in this Section, no person shall be
allowed to inspect any rejected or counted ballot paper in the
possession of the Commission.
CHAPTER-VII
ELECTION EXPENSES
74. Election Expenses.- 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 expenditure on account of
issuing circulars or publications or otherwise presenting to the
voters the candidate or his views, aims, or objects, but does not
include the deposit made under Section 39.
75. 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 “ten lac” rupees; and.
(ii) any person may if so authorised by the election agent in
writing specifying a maximum amount to the extent of
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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 twenty five lac 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.
76. Return of Election Expenses.-(1) Every contesting candidate
shall within thirty five days after the publication of the name of
the returned candidates under Section 47 or Section 68, 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
candidate and his election agent, or where a contesting candidate
is his own election agent, only by such candidate.
77. Inspection of Returns, etc.-(1) The return and documents,
submitted under Section 76 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
338
by him, be open to inspection by any person on payment of the

prescribed fee.
(2) The Returning Officers 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.
78. Declaration of Assets.- (1)Any person who desires to contest
elections of the Legislative Assembly shall submit to the Chief
Election Commissioner a statement of properties and assets, both
movable and immovable whether within or outside Azad Jammu
and Kashmir which he owns or has in his possession or under his
control, directly or indirectly, either in his name or in the name
of any other person and shall also furnish such other information
as may be required at the time of filling of nomination paper.
Explanation.- ‘Property’ shall include,–
(a) lands, rural or urban, all types of buildings and structures
whether completed or under constructions, compounds
and enclosures of any types, factories and firms
registered or otherwise;
(b) all types of machines, whether fixed or movable
including mechanical transport, tractors and similar
machines but excluding machine used for house-hold
purposes;
(c) jewellery, precious stones of all types in any form,
pearls, gold, silver and other precious metals in any
form;
(d) contracts, deports, import and export licenses, route
permits, agencies granted to or obtained by a person in
his own name or in the name of any other person, from
the Government or any corporation or institution
including autonomous and semi-autonomous body or
association, controlled by the Government or in which
the Government has any interest;
(e) certificates, insurance policies, securities, bonds, bank
balances, whether within or outside Azad Jammu and
Kashmir, cash in any type of currency, shares stocks,
debentures or any other instrument carrying pecuniary
benefits or advantage to a person; and
(f) any other movable or immovable property not being a
property used for house-hold purposes.
339
(2) He shall also likewise submit details of his children

and other dependents and names of educational institution
where they are studying and the annual expenses incurred upon
them.
(3) Upon receiving a statement under sub-sections (1) and
(2) the Chief Election Commissioner may determine the
correctness or otherwise of the statement and also the legality or
the propriety of acquisition of properties as mentioned in sub-
section (2):
Provided that the person concerned shall be given
reasonable opportunity of being heard.
(4) Every Member of the Legislative Assembly shall submit
to the Commissioner a statement of properties and assets
mentioned in this Section annually.
79. Punishment.- A person who being required to submit to the
Commission a Statement of his properties and assets under
Section 78 fails to submit statement or knowingly submits a false
or incorrect statement shall be punishable by court of competent
jurisdiction, with rigorous imprisonment for a term which may
extend to seven years, and shall be disqualified from contesting
elections for 10 years and fine or forfeiture of the whole or part
of his properties and assets.
CHAPTER –VIII
ELECTION TO RESERVED SEATS
80. Elections to reserved seats.- (1) Nothing in Chapter VI and VII
shall apply to an election to fill a seat reserved for women,
Ulema-i-Din or Mushaikh, State Subjects residing abroad and
Technocrats and Professionals in the Legislative Assembly.
(2) The members for the seats reserved for women, Ulema-i-
Din or Mushaikh, State subjects residing abroad and Technocrats
and Professionals in the Legislative Assembly shall be elected by
persons directly elected to the other seats in the Legislative
Assembly.
(3) The Commission shall hold and conduct the election to
fill the seats reserved for women, Ulema-i-Din or Mushaikh,
State Subjects residing abroad and Technocrats and
Professionals in the Legislative Assembly in such manner as he
may think fit.
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CHAPTER-IX
ELECTION DISPUTES
81. 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 &
Kashmir Territory, by a receipt showing that a sum of
one thousand rupees has been deposited in a Government
treasury or sub-Treasury or;
(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.
82. 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.
83. 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;
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(b) that the election of the returned candidate is void and

that the petitioner or some other person has been duly
elected;
(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.
84. Procedure on receipt of petition by the Commission.-(1) The
Commission shall return an election petition to the petitioner if it
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 81.
(2) If an election petition is not returned under sub-section
(1), the Commission shall refer it for trial to a tribunal.
85. Appointment of Tribunal.-(1) For the trial of election petitions
under this Act, the Commissioner in consultation with the Chief
Justice of High Court shall appoint as many Election tribunals as
may be necessary.
(2) An Election Tribunal shall consist of a person who is, or,
has been a Judge of the High Court or any High Court of
Pakistan, or a District and Session Judge, who is, or, has been
qualified to be a Judge of the High Court.
86. Place of Trial.- The trial of an election petition shall be held at
such place or places as the Tribunal may think fit and shall
decide the petition within six months.
87. 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.
88. 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.
89. Procedure before Tribunal.- (1) Subject to the provisions of
this Act and the rules, every election petition shall be tried as
342
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 Act, the Qanoon-e-
Shahdat Order 1984 as adapted 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 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 trail 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
81, as it may think fit.
90. Dismissal of petition during trail.- The Tribunal shall dismiss
an election petition, if,-
(a) the provisions of Section 82 or Section 83 have not been
complied with; or
(b) the petitioner fails to make the further deposit required
under sub-section (4) of Section 89.
91. 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.
(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.
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92. Further provisions 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 such 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 perjury 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 a court and shall be a
full and complete defence to or upon any charge under Chapter
IX-A of the Azad Penal Code or under this Act, 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.
93. 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
had he been the returned candidate and had a petition been
presented calling his election in question:
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 81.
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(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.
94. Conclusion of Trial.- (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 Supreme Court and the decision of the Supreme Court on
such appeal shall be final.
95. 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 election of the returned candidate has been procured
or induced by any corrupt or illegal practice; or
(b) 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 retuned 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 precautions to prevent its
Commission; or
345
(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.
96. 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.
97. 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 Act or the rules; or
(b) the prevalence of extensive corrupt or illegal practice at
the election.
98. Decision in case of equality of votes.- (1) Where, after the
conclusion of the trail, 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 be declared
elected, the tribunal shall so inform the Commission. In the event
that no appeal is filed against the decision of the Tribunal, the
Commission 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 candidate, and fix a date for such poll, but otherwise, the
Commission 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 Act 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 Act.
99. Other provision relating to Tribunal.- (1) An order of a
Tribunal, under Section 94 shall take effect on the date on which
it is made and shall be communicated to the Commission who
shall publish it in the Official Gazette.
(2) The Tribunal, shall, after an election petition has been
disposed off, forward the record thereof to the Commission who
346
shall retain such record for a period of five years from the date of
its receipt and shall thereafter cause it to be destroyed.
100. Withdrawal of petition.-An election petition may be
withdrawn,–
(a) before a Tribunal has been appointed, by leave of the
Commission; and
(b) after a Tribunal has been appointed, by leave of the
Tribunal.
101. Abatement of death of petitioner.-(1) An election petition shall
abate on the death of 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 Commission.
102. 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 ex-parte.
103. 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, make such order as
to costs as it may think fit.
104. Order as to costs.-(1) The Tribunal shall, when making an order
under Section 94, 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, be payable in
full, and shall upon application in writing in that behalf made to
the Commission 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 of costs deposited by such party.
(3) Where no costs have been a warded 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
347
security, such security or the residue thereof as the case may be,
shall upon application in writing therefor by the person who
made the deposit or by his legal representative, be returned by
the Commission 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 of costs which have not been recovered by an
application under sub-section (2).
105. Directions in certain matters.- Anything required to be done
for carrying out the purposes of this Act, for which no provision
or no sufficient provision exists shall be done by such authority
and in such manner as the Commission may direct.
106. Code of Conduct.- (1) Without prejudice to sub-section (2), all
political parties and candidates shall strictly adhere to the
following code of conduct,-
(i) the parties and candidates shall abide by all the laws,
rules, regulations and directions issued by the
Commission, from time to time, relating to smooth
conduct of elections and the maintenance of public
order;
(ii) incitements to violence or show of arms, resort to
violence during meetings, procession or during polling
hours shall be strictly avoided by contesting candidates
and their supporters;
(iii) contesting candidates shall dissuade their workers or
sympathizers from destroying any ballot paper or any
official mark on the ballot paper or any other material
used for election process;
(iv) wall chalking as part of an election campaign shall be
prohibited in all forms;
(v) no person or a political party shall affix posters,
hoardings or banners, if any, larger than the size
determined by the Commissioner;
348
(vi) contesting candidates and their supporters shall refrain

from speeches calculated to arouse parochial and
sectarian feelings and controversy of conflicts between
genders, sects, communities and linguistic groups;
(vii) the political parties and contesting candidates and their
supporters shall refrain from deliberate dissimilation of
false and malicious information and shall not in indulge
in forgeries or dis-information to defame other political
parties/leaders. The use of abusive language against the
leaders and the candidates shall be avoided at all cost;
(viii) the political parties and candidates shall firmly refrain
their workers from exerting undue pressure against the
print and electronic media, including newspaper offices
and printing press and resorting to violence of any kind
against the media; and
(ix) the political parties shall endeavor to take necessary
steps to ensure discipline within the party, its candidates,
employees and supporters and guide them to follow this
code, comply with laws and regulation, commit no
election irregularities.
(2) In addition to code of conduct mentioned in sub-section
(1), the Commission may issue before an elections additional
code of conduct as may be deemed necessary for him for free,
fair and transparent election and to ensure law and order situation
in consultation with representatives of all political parties.
(3) The code of conduct issued under sub-section (1) and
(2), shall be binding on all concerned.
(4) The returning officer and District Magistrate shall be
responsible for implementation of Code of Conduct issued under
this Section.
(5) Whoever contravenes the provision of the Code of
Conduct issued under this Section shall be liable to punishment
with imprisonment which may extend to one year or with fine
which may extend or Rs. one lac or with both.
CHAPTER-X
OFFENCE PENALTY AND PROCEDURE
107. Corrupt practice.-A Person is guilty of corrupt practice
punishable with imprisonment for term which may extend to two
years, or with fine which may extend to one thousand rupees, or
with both if he,-
349
(1) contravenes the provisions of Section 75;

(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 has 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.
108. Illegal practice.- A person is guilty of illegal practice Punishable
with fine which may extend to “five thousand” rupees, if he,-
(a) fails to comply with the provisions of Section 76;
(b) obtains or procures, or attempts or obtain or procure, the
assistance of any person in the service of Azad Jammu &
Kashmir or in the service of Pakistan to further or hinder
the election of a candidates;
(c) votes or applies, for a ballot paper for voting at an
election knowing that he is not qualified for, or is
disqualified from, voting;
(d) votes or applies for ballot paper for voting more than once
in the same polling station;
(e) votes or applies for a ballot paper for voting in more than
one Polling Station for the same election;
(f) removes a ballot paper from a polling station during the
poll; or
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(g) knowingly induces or procures any person to do any

of aforesaid acts.
109. 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 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) a voter 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) a voter for having voted or refrained from voting
at an election; or
(iii) a candidate for having withdrawn from election.
Explanation.__ In this Section ‘gratification’ includes a
gratification in money or estimable in money and all forms of
entertainment or employment.
110. 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.
111. Undue influence.-(1) A person is guilty of undue influence, if
he,-
(a) 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-
(i) makes or threatens to make use of any force,
violence or restraint; inflicts or threatens to
inflict an injury, damage, harm or loss;
351
(ii) calls down or threatens to call down divine

displeasure or the displeasure of any saint or pir;
(iii) gives or threatens to give any religious sentence;
or
(iv) use any official influence or governmental
patronage; or
(b) 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
(c) by abduction, duress or any fraudulent device or
contrivance-
(i) impedes or prevents the free exercise of the
franchise by an elector; or
(ii) compels, induces or prevails upon any elector to
vote or refrain from voting.
Explanation.- In this Section, “harm” Includes social ostracism
or ex-communication or expulsion from any caste or community.
(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 “ten thousand” rupees, or with both.
112. Prohibition of public meetings, etc.- (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
midnight following the conclusion of the poll for any election in
that constituency.
113. Prohibition of canvassing in or near polling station.-A person
is guilty of an offence Punishable with fine which may extend to
“five thousand” rupees if he, within a radius of four hundred
yards of the polling station, on the polling day,-
(a) canvasses for votes;
(b) solicits the vote of any elector;
(c) persuades any elector not to vote at the election or for a
particular candidate; or
(d) exhibits except with the permission of the Returning
Officer and at a place reserved for the candidate or his
352
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.
114. Disorderly conduct near polling station.-A person is guilty of
an offence punishable with imprisonment for a term which may
extend to three months or with fine which may extend to five
thousand rupees or with both, if he, on the polling day,-
(a) uses, in such manner audible within the polling station,
any gramophone, megaphone, loudspeaker or other
apparatus for reproducing or amplifying sound;
(b) persistently shouts in such manner as to be audible
within the polling station;
(c) does any act which-
(i) disturbs or causes annoyance to any elector
visiting a polling station for the purpose of
voting; or
(ii) 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
(d) abets the doing of any of the aforesaid acts.
115. Tempering 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 one thousand 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 authorized 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
353
(iii) breaks any seal affixed in accordance with the

provision of this Act;
(d) forges any ballot paper or official mark;
(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, 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 a term which may extend to two years, or with
fine which may extend to one thousand rupees, or with both.
116. 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
thousand rupees, or with both if he,-
(a) interferes or attempts to interfere with an elector
when he records his vote;
(b) in any manner obtains or attempts to obtain in a
polling station information as to the candidate or
candidates for whom a elector is about to vote or
has voted; or
(c) communicates at any time any information obtained
in a polling station as to the candidate for whom a
elector is about to vote or has voted.
117. Failure to maintain secrecy.-A Returning Officer, Assistant
Returning Officer, Polling Officer, any other officer or official or
any candidate or agent or a candidate attending a polling station
or any person attending at the counting of votes, is guilty of an
offence punishable with imprisonment for a term which may
extend to six months, or with fine which may extend to thousand
rupees, or with both, if he-
(a) fails to maintain or aid in maintaining the secrecy of
voting;
(b) communicates to any person before the poll is closed,
except for any purpose authorized by any law, any
information as to the official mark; or
(c) communicates any information obtained at the counting
of votes as to the candidates for whom any vote is given
or a preference is recorded on any particular ballot paper.
354
118. Official not to influence voters.-A Returning Officer, Assistant

Returning Officer, Presiding Officer, Polling Officer, any other
officer or official on duty in connection with the election, or any
member of a police force, 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 thousand rupees, or with
both, if he, in the conduct or management of an election or
maintenance or order at a polling station, _
(a) persuades any person to give his vote;
(b) dissuades any person from giving his vote;
(c) influences in any manner the voting of any person;
or
(d) does any other act calculated to influence the result
of the election.
119. 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
such officer in connection with his official duties imposed by or
under this Actor any person required under subsection (2) of
Section 5 to perform any function or render any assistance is
guilty of an offence punishable with fine which may extend to
one thousand rupees if he, willfully and without reasonable
cause, commits breach or any such official duty, by act or
omission or fail to perform such functions or render such
assistance.
120. Assistance by Government Servant.-A person in the service of
Azad Jammu and Kashmir or Pakistanis guilty of an offence
punishable with imprisonment for a term which may extend to
two years, or with fine which may extend to two thousand
rupees, or with both, if he misuses his official position in a
manner calculated to influence the result of the election.
121. Certain Powers of a police officer._ A Police Officer or member
of Armed Forces may,-
(a) arrest without warrant, notwithstanding anything
contained in the Code of Criminal Procedure, 1898 (Act
V of 1898), any person__
(i) who, commits personation or an offence under
Section 114 if the Returning Officer directs him
to so arrest such person;
355
(ii) who, being removed from the polling station by

the presiding officer Under Section 59commits
any offence at the polling station;
(b) remove any notice, sign banner or flag used in
contravention of Section 113;and
(c) seize any instrument or apparatus used in contravention
of Section 114 and take such steps, including use of
force, as may be reasonably necessary for preventing
such contravention.
122. Certain offences cognizable._ Notwithstanding anything
contained in the Code of Criminal Procedure, 1898 (Act V of
1898), an offence under Section 107 or Section 113 or sub-
section (1) of section 115 shall be cognizable offence.
123. Prosecution for offences by public officers._ (1) No Court shall
take cognizance of an offence under sub-Section (2) of Section
115, Section 117, Section 118, Section 119 or section 120 except
upon a complaint in writing made by order of, or under authority
from the Commissioner.
(2) The Commissioner shall, if he has reasons to believe that
any offence specified in sub-section (1) has been committed,
cause such inquiries to be made or prosecution to be instituted as
he may think fit.
(3) In respect of an offence specified in sub-section (1),
Section 494 of the Code of Criminal Procedure, 1898, (Act V of
1898) shall have effect as if, after word and comma, “may,”
therein, the words “if so directed by the Chief Election
Commissioner and” were inserted.
124. Certain offences triable by the Registration Officer.- Not
withstanding anything contained in the Code of Criminal
Procedure, 1898 (Act V of 1898), the Registration Officer, if so
authorized by the Government in this behalf, may, _
(a) exercise the powers of Magistrate of the first class under
the said Code in respect of the offences punishable under
section 172, 173, 174, 175, 177, 178, 179, 180, 182, 186,
187, 188, 189, 191, 196, 197, 198, 199, 200, 464, and
471 of Azad Penal Code, 1860 (Act XL of 1860); and
(b) take cognizance of such offence and shall try it
summarily in accordance with the provisions of the said
Code relating to summary trial.
356
125. Limitation for prosecution for corrupt or illegal practices._

No prosecution for an offence under Section 107 or section 108
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 the Tribunal has made
an order in respect of such offence, within three months
of the date of such order.
CHAPTER-XI
POLITICAL PARTIES
126. Formation of certain political party prohibition.-(1) No
political party shall be formed with the object of propagating any
opinion or acting in any manner prejudicial to the Islamic
Ideology or Ideology of State’s Accession to Pakistan or the
sovereignty and Integrity of Pakistan or Security of Azad Jammu
and Kashmir or Pakistan or morality, or the maintenance of
public order.
(2) No person shall form, organize, set-up or convene a
foreign aided party or in any way be associated with any such
party.
Explanation.__ In sub-section (2) ‘Foreign aided party’ means a
political party which,-
(a) has been formed organized at the instance of any
Government or political party of a foreign country;
or
(b) is affiliated to or associated with any Government or
political party of a foreign country; or
(c) receives any aid, financial or otherwise, from any
Government or political party of a foreign country,
or any portion of its funds from foreign nationals.
127. Political Parties to submit accounts, etc.-Every Political Party
shall, in such manner and form and at such time as may be
provided by rules made by the Government, account for the
source of its funds and submit its finances and accounts to audit
by, an officer or authority authorized by the Commission in this
behalf:
Provided that every political party in existence at the
time of commencement of this Act, shall account for the source
357
of its funds, and submit its finances and accounts to audit, within
fifteen days of the publication of the rules made under this Act.
128. Registration of Political Parties.- (1) Every political party in
existence at the commencement of this Act shall, within two
month of such commencement and every political party formed
after such commencement shall, within two month of its being
formed, apply to the Commission for registration.
(2) An application under sub-section (1), shall be made on
behalf of a political party by such person and in such form, and
shall be accompanied by such documents besides a copy of its
constitution, a list of the names of all its office bearers at the state
level and a statement of its total membership in each district, as
the Commission may, by notification in the official Gazette,
specify.
(3) The Commission shall register a political party applying
for registration in accordance with sub-section (2), if it is
satisfied that the political party,-
(a) has published a formal manifesto, that is to say, the
party’s foundation document or constitution giving its
aims and objectives and provided therein for elections of
its office-bearers being held periodically; or
(b) has under taken to publish any amendment to any
document referred to in clause (a), as and when such
amendment is made;
(c) has belief in the Ideology of Pakistan or the Ideology of
the State’s accession to Pakistan and the integrity and
sovereignty of Pakistan; and
(d) has submitted its accounts as required by Section 127.
(4) If a political party which has been registered under sub-
section (3),-
(a) fails, or has failed to submit its accounts within the
period specified in Section 127 or the rules made
thereunder; or
(b) fails to hold election of any office-bearer within the
time allowed by, and in accordance with, its
constitution and rules; or
(c) propagates any opinion, or acts in any manner
prejudicial to the Ideology of Pakistan or the
Ideology of the State’s accession to Pakistan, or the
358
sovereignty and integrity of Pakistan or security of

Azad Jammu and Kashmir or Pakistan, or morality
or the maintenance of public order, or the integrity
or independence of the judiciary of Azad Jammu
and Kashmir or Pakistan, or defames or brings into
ridicule the judiciary of Azad Jammu and Kashmir
or Pakistan or the Armed Forces of Pakistan; or
(d) receives any aid, financial or otherwise, from the
Government or any political party of a foreign
country, or any portion of its funds from foreign
nationals; or
(e) does or omits to do any such act or things as would
have resulted in registration being refused to it in
the first instance, then, without prejudice to any
action that may be taken in respect of the political
party under Section 131, the Commission may, after
giving the political party an opportunity of showing
cause against the action proposed to be taken,
cancel its registration or as the case may be, revoke
declaration made in its favour under sub-section (4)
of Section 129.
(5) The cancellation of the registration of a political party
under sub-section (4), shall be notified by the Commission in the
official Gazette.
(6) A political party which has not been registered under
sub-section (3) or the registration of which has been cancelled
under sub-section (4), shall not be eligible to participate in an
election to a seat in the Legislative Assembly of Azad Jammu
and Kashmir or the Azad Jammu and Kashmir Council or to
nominate or put up a candidate at any such election.
129. Certain political parties to be eligible to participate in
elections.- (1) Save as expressly provided herein, the provision
of Section 128, shall apply mutatis mutandis where a political
party seeks or has obtained declaration under sub-section (4).
(2) The Commission shall, by notification in the official
Gazette, call upon the political parties which had complied with
the provisions of Section 127, but had not applied for registration
under Section 128, to furnish to the Commission within such
times, as may be specified, in the notification, answers to a
questionnaire published therewith.
359
(3) Answers to a questionnaire referred to in sub-section (2),

shall be furnished on behalf of a political party by such persons,
and shall be accompanied by such documents, besides, a copy of
its constitution and manifesto, a list of the names of its office
bearers at the national level and a statement of its total
membership in each district as may be specified in the
notification published under the said sub-section.
(4) If after giving a political party, which has furnished
answers to the questionnaire as required by sub-section (2), an
opportunity of being heard, the Commission is satisfied that the
party has fulfilled the requirements of sub-section (3) of Section
128, the Commission shall declare the political party by
notification in the official Gazette to be eligible to participate in
an election to a seat in the Legislative Assembly and to nominate
or put up a candidate at any such election.
130. Merger of Parties.- (1) Any political party registered under
Section 128, or declared under Section 129, to be eligible to
participate in an election to a seat in the Legislative Assembly,
may, by a resolution passed by the chief decision making body of
that party at the national level, decide to merge with another such
political party so as to be absorbed by the latter party, which
shall, nevertheless, retain its name and identity.
(2) Upon the acceptance of the merger by the latter party
and its approval by the Commission,-
(a) the merging party shall be deemed to have been
dissolved and its assets and liabilities franchises and
powers shall become vested in the latter party, and
its members shall be deemed to have become
members of the latter party for all intents and
purposes; and
(b) any act done, or proceeding initiated, by any such
member shall be deemed to have taken and initiated
as a member of the latter party.
131. Lawful political activities._ Subject to the provisions of Section
126, it shall be lawful,_
(a) for anybody of individuals or an association of person to
form, organize or set-up a political party; or
(b) for any person, not being in the service of Azad Jammu
and Kashmir or Pakistan;
360
(i) to be a member or office-bearer of, or be

otherwise associated with, a Political party; or
(ii) for the purpose of an election to be held under
the constitution, to hold himself out or any other
person, not being a person in the service of Azad
Jammu and Kashmir or Pakistan, as a member or
to have the support of a political party, the
formation, organization or setting up of which is
not prohibited by this Act.
132. Dissolution of political parties.-(1) Where the Government is
satisfied that a political party is a foreign aided party or has been
formed or is operating in a manner prejudicial to the Islamic
Ideology or Ideology of State’s accession to Pakistan or the
sovereignty and Integrity of Pakistan or security of Azad Jammu
and Kashmir or Pakistan, or morality, or maintenance, of public
order or has contravened the provisions of Section 127, it shall
make such a declaration and publish the same in the official
Gazette, and upon such publication, the political party concerned
shall, subject to the provisions of sub-section (2) stand dissolved,
and its all properties and funds shall be forfeited to the
Government.
(2) Within fifteen days of the making of a declaration under
sub-section (1) the Government shall refer the matter to the
Supreme Court whose decision on such reference shall be final.
133. Penalty.-(1) Any person who, after the dissolution of a political
party under Section 132, holds himself out as a member or office
bearer of that party, or acts for, or otherwise associates himself
with, that party, shall be punishable with imprisonment for a term
which may extend to three years, or with fine or with both.
(2) If any person who was an office-bearer of a political
party at the time of its dissolution under sub-section (2) of
Section 132 indulges or takes part in any political activity within
five years of its dissolution, he shall be punishable with
imprisonment for a term which may extend to three years or with
fine, or with both.
(3) Any person who contravenes the provisions of Section
131, shall be punishable with imprisonment for a term which
may extend to three years, or with fine or with both.
134. Sanction for prosecution.- No prosecution under this Act shall
be instituted against any person without the previous sanction in
writing of the Government.
361
CHAPTER-XII
COMPOSITION OF LEGISLATIVE ASSEMBLY
135. Composition of the Legislative Assembly._ (1) The Legislative
Assembly shall consist of such number of members as mentioned
in Article 22 of the Constitution.
(2) The terms “Technocrat and professional” referred and
used in clause (e) of sub-article (1) of Article 22 of the
Constitution, shall include as Agriculturist, Economist,
Educationist, Lawyer, Doctor, Engineer, Scientist, with at least
ten years’ experience, or any person having special education in
any branch of knowledge with the same experience.
CHAPTER-XIII
MISCELLANEOUS
136. Jurisdiction of Courts Barred.-(1) No court shall question the
legality of any action taken in good faith by or under the authority
of the Commission, a Returning Officer, Presiding Officer or
Polling Officer or any decision given by any of them or by any
other Officer or authority appointed under this Act or the rules.
(2) No Court shall question the validity of the electoral rolls
prepared under this Act or the legality or propriety of any
proceedings or action taken there-under by or under the authority
of the Commission or the Registration Officer.
137. Protection of action taken in good faith.-No suit, prosecution
or other legal proceeding shall lie against the Commission 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
Act or any order made, or direction given, thereunder.
138. Power to make Rules.- The Government, may, in consultation
with the Commission make rules for carrying out the purposes of
this Act.
139. Repeal and Saving.-(1)The following laws are hereby repealed:-
(a) The AJ&K Electoral Rolls Ordinance, 1970;
(b) The AJ&K Legislative Assembly Ordinance, 1970;
(c) The AJ&K Delimitation of Constituencies Ordinance,
1970;
(d) The AJ&K Legislative Assembly (Elections) Ordinance,
1970; and
(e) The AJ&K Political Parties Act, 1987.
362
(2) Notwithstanding the repeal of the laws mentioned in sub-

section (1), all actions taken, notifications issued, rules framed,
proceedings initiated, decisions made, duties conferred, which
are not contrary to any provision of this Act shall be deemed to
have been validly taken, issued, framed, initiated, made and
conferred under this Act.
(3) Notwithstanding anything contained in this Act, all rules,
regulations, by laws, notification, orders issued immediately
before the commencement of this Act, which were enforced in
Azad Jammu and Kashmir shall continued in force until altered,
repealed or amended by the appropriate authority.
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1
[SHEDULE-I]
[See Section 17 (1) (a)]
Seats in the Legislative Assembly for Azad
Jammu and Kashmir territory;
District Seats Explanation
Neelum Valley 02
Muzaffarabad 07 For the purposes of this Act, District
Muzaffarabad and Jehlum Valley shall be
treated as one district.
Kotli 06
Mirpur 04
Poonch and 07 For the purposes of this Act, District
Sudhnuti Poonch and Sudhnuti (Pallandri) shall be
Bagh 04 For the purposes of this Act, District Bagh
and Havelly (Kahuta) shall be treated as one
district.
Bhimber 03
1 Schedule one of the Act is subs. by The Azad Jammu and Kashmir Elections (Amendment) Act, 2020 (Act XXVII of 2020
dt. 3-12-2020. The Original extract of Schedule-I is reproduced as under;-
District Seats
Neelum Valley 1
Muzaffarabad 6
Kotli 5
Mirpur 4
Poonch and Sudhnuti 6 For the purposes of this Act, District Poonch and Sudhnuti
(Pallandri) shall be treated as one district.
Bagh 4
Bhimber 3
364
SCHEDULE-II
[See Section 17 (1) (b)]
Seats in the Legislative Assembly for the areas in the Provinces
of the Punjab, Baluchistan, Sindh and Khyber Pakhtunkhwa, Islamabad
Capital Territory, (Federal Capital and Federally Administered Tribal
Areas).
(a) Seats for the State Subjects of the occupied areas of the Seats
District of Anantnag (Islamabad) Baramula and
6
Muzaffarabad now residing in the provinces of the Punjab,
Baluchistan, Sindh, Khyber Pakhtunkhwa and Islamabad
Capital Territory, (Federal Capital and Federally
Administered Tribal Areas).
(b) (b) Seats for the State Subjects from occupied areas of 6
districts of Jammu, Kathua, Reasi, Udhampur, Poonch
State and Mirpur as existed on the 14th day of August,
1947 and Mangla Dam affectees who are now residing in
any of the province of Pakistan.
365

Jammu and Kashmir Legislative Assembly on 11th June, 2020 and
(ACT XIX OF 2020)
An
Act
further to amend the Azad Jammu and Kashmir Service Tribunals Act,
1975
and Kashmir Service Tribunals Act, 1975(Act XXII of 1975), for the
the Azad Jammu and Kashmir Service Tribunals (Amendment)
Act, 2020.
2. Amendment of Section 3, Act XXII of 1975.- In the Azad
Jammu and Kashmir Service Tribunals Act, 1975 (Act XXII of
1975), in Section 3, in sub-section (4), after clause (b), following
new clause (c) shall be added:-
“(c) The President may extend the term of office of the
Chairman or a Member of the Tribunal for such period
not exceeding two years.”
3. Repeal.- The Azad Jammu and Kashmir Service Tribunals
(Amendment) Ordinance, 2020 (Ordinance II of 2020) is hereby
repealed.
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(ACT XX OF 2020)
An
Act
further to amend the Azad Jammu and Kashmir Law Commission
Act, 1994
and Kashmir Law Commission Act, 1994 (Act XXIII of 1994), in the
the Azad Jammu and Kashmir Law Commission (Amendment)
Act, 2020.
2. Substitution of Section 5, Act XXIII of 1994.- In the Azad
Jammu and Kashmir Law Commission Act, 1994 (Act XXIII of
1994), hereinafter referred to as the said Act, Section 5 shall be
substituted as under:-
“5. Secretariat.- (1) The Commission shall have a
Secretariat to be headed by the Secretary:
Provided that till the appointment of the
Secretary Commission, the Secretary Law, Justice,
Parliamentary Affairs and Human Rights shall act as ex-
officio Secretary of the Commission.
(2) The officers and employees of the Commission
shall be appointed by the Commission in the manners
and on such terms and conditions as may be prescribed.
3. Amendment of Section 6-B, Act XXIII of 1994.- In the said
Act, in sub-section (2) of Section 6-B, existing clauses (a) and
(b) shall be re-numbered as (b) and (c) and hereinbefore
following new clause shall be added,-
“(a) funds/budget/grant-in-aid by the Government;”
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(ACT XXI OF 2020)
An
Act
further to amend the Azad Jammu and Kashmir Public Service
Commission Act, 1986
and Kashmir Public Service Commission Act, 1986 (Act XVII of 1986),
in the manner hereinafter appearing;
the Azad Jammu and Kashmir Public Service Commission
have taken effect from 27.12.2019.
Jammu and Kashmir Public Service Commission Act, 1986 (Act
XVII of 1986), hereinafter referred to as the said Act, in
Section 3, following amendments shall be made:-
(a) in sub-section (1), for the figure “10”, the figure “11”,
shall be substituted;
(b) in clause (i) of sub-section (3), for the word “Four” the
word “five” shall be substituted.
in Section 4, after sub-section (2) following new sub-section (3)
shall be added:-
“(3) In case of a member or Chairman is unable to perform
his functions or is removed from his office, the term of a fresh
appointment shall not exceed unexpired period of his term as
Member or Chairman.”
368
4. Omission of Section 5, Act XVII of 1986.- In the said Act,

5. Repeal.- The Azad Jammu and Kashmir Public Service
Commission (Amendment) Ordinance, 2020 (Ordinance IV of
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369

Dated: 20th July, 2020
received the assent of the President on the 10th day of July, 2020, is
(ACT XXII OF 2020)
An
Act
Kashmir to consolidate and amend certain Fiscal Laws for the purposes
2. Adaptation of the Amendments in Income Tax Ordinance,
2001 (Ordinance XLIX of 2001).- (1) In the Income Tax
Ordinance, 2001 (XLIX of 2001), as adapted and enforced in
Azad Jammu and Kashmir by virtue of the Income Tax
(Adaptation, Enforcement and Validation) Act, 2002 (Act IV of
2002), hereinafter referred to as the said Ordinance, except
otherwise legislated by an Act of the Assembly, all the
amendments made in the said Ordinance and all rules,
notifications, circulars and orders made or issued thereunder, as
enforced in Pakistan, at any time on or after 28 th day of June,
2019 and before the commencement of this Act, shall also, as far
as practicable, be deemed to have been so made, at the same
time, in the said Ordinance, subject to following modifications:-
(i) The reference in the said Ordinance to “Pakistan”,
“Federal Government” and “Federal Board of Revenue
or FBR”, shall respectively be construed to refer to
“Azad Jammu and Kashmir”, “the Azad Government of
370
the State of Jammu and Kashmir”, and “Azad Jammu

and Kashmir Central Board of Revenue”;
(ii) in the Eleventh Schedule, in rule 10, in the Table,-
(a) in Column (2), for the words “Karachi, Lahore
and Islamabad”, the words “Muzaffarabad,
Mirpur, Kotli and Rawalakot” shall be
substituted; and
(b) in Column (3), for the words “Hyderabad,
Sukkur, Multan, Faisalabad, Rawalpindi,
Gujranwala, Sahiwal, Peshawar, Mardan,
Abbottabad, Quetta”, the words “Bhimber,
Sudhnutti, Bagh, Havelli, Hattian and Neelum”
on or after 28th day of June, 2019, in accordance with the
amendments made in the said Ordinance, as enforced in Pakistan,
shall be deemed always to have been validly done, levied,
charged, collected, initiated, issued, passed, imposed, exercised
or conferred and so much of such tax have not been levied,
3. Adaptation of the Amendments in Sales Tax Act, 1990 (Act
VII of 1990).- (1) In the Sales Tax Act, 1990 (Act VII of 1990),
as adapted and enforced in Azad Jammu and Kashmir by virtue
of the Sales Tax (Adaptation) Act, 1993 (Act IV of 1993),
by an Act of the Assembly, all the amendments except in
Sections 2(33), 2(43), 3(3A), 7(3), 8(6), 37B(13) and 67A(12),
orders made or issued thereunder, as enforced in Pakistan, at any
time on or after 28th day of June, 2019 and before the
commencement of this Act, shall also, as far as practicable, be
deemed to have been made, at the same time, in the said Act, as
enforced in the Azad Jammu and Kashmir with the modification,
that the existing sub-clause (c) of clause (20) of Section 2 of the
said Act shall be substituted with the following, namely:-
371
“(c) sales tax levied on the services rendered or provided by

the person under Azad Jammu and Kashmir Sales Tax
(Tax on Services) Act, 2001 (Act XXIV of 2001);”
amendments.
4. Adaptation of the amendments in Federal Excise Act, 2005.-
Azad Jammu and Kashmir by virtue of the Azad Jammu and
Kashmir Finance Act, 2005 (Act VIII of 2005), hereinafter
referred to as the said Act, except otherwise legislated by an Act
of the Assembly, all the amendments except in Sections 2(23a),
7(2) and 22(13), made in the said Act and all rules, notifications,
circulars and other orders made or issued there under, as
enforced in Pakistan, at any time on or after 28th day of June,
2019, and before the commencement of this Act, shall also, as far
as practicable, be deemed to have been made, at the same time,
in the said Act.
Services) Act, 2001 (Act XXIV of 2001).- (1) In the Azad
372
Jammu and Kashmir Sales Tax (Tax on Services) Act, 2001 (Act
XXIV of 2001), following amendments shall be made, namely:-
(i) in section 3, after sub-section (2-B), the following new
sub-section (2-C) shall be inserted, namely:-
“(2-C) Where the taxable service originates from
outside Pakistan but is received or terminates in Azad
Jammu and Kashmir, the recipient of such service shall
be liable to pay the tax to the Government at the rate
specified under sub-section (1) and such person shall
also be liable to registration under this Act and the
rules.”
(ii) against serial number 24, in column 2, after the word
“etc”, the expression “and also including services for
Operations and Maintenance of hydro-electric power
projects whether the payment for the same is made in
local currency or foreign currency” shall be added.
6. Amendments in Azad Jammu and Kashmir Education Cess
Act, 1975 (Act IV of 1975).- In the Azad Jammu and Kashmir
Education Cess Act, 1975 (Act IV of 1975), after Section 3-D,
the following new Section 3-E shall be inserted, namely:-
“3-E. Adjustment of Cess.- For the purposes of determining
cess liability for a tax year in respect of cess chargeable
under sub-section (3) of Section 2 of the Act, the person
appearing on the ‘active taxpayer list’ prepared and
displayed by the competent authority, for Azad Jammu
and Kashmir, shall, at the time of filing the Income Tax
Return, be entitled to get adjustment of the amount of
cess paid by him or deducted or collected from him
under sub-section (3) of section 2 of the Act during the
relevant tax year.”
7. Amendment in Azad Jammu and Kashmir Motor Vehicles
Ordinance, 1971.- In the Azad Jammu and Kashmir Motor
Vehicles Ordinance, 1971, after Section 26, following new
Section 26-A shall be inserted, namely:-
“26-A. Special Registration of Certain Motor Vehicles.-
Notwithstanding anything contained in this Chapter,
the Government may, by notification in the Official
Gazette, direct the registration of any class, type or
category of motor vehicles or motor vehicles
belonging to any organization or Government
Department, on payment or without payment of such
373
fee, in such mode and manner and subject to such

conditions, limitations, restrictions and procedures as
may be specified in the said notification.”
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374

Jammu and Kashmir Legislative Assembly on 1st July, 2020 and
(ACT XXIII OF 2020)
AN
ACT
further to amend the Azad Penal Code 1860, and the Code of Criminal
Procedure
WHEREAS it is expedient further to amend the Azad Penal
Code,1860, (Act XLV of 1860) and the Code of Criminal Procedure,
the Criminal Law (3rd Amendment) Act, 2020.
2. Addition of Section 377-A, Act XLV of 1860.- In the Azad
Penal Code, 1860 (Act XLV of 1860), after Section 377,
following new Section 377-A shall be added:-
“377-A. Rape or Unnatural offence with minor.-
(1) Whoever commits rape or unnatural offence with a
minor shall be punished with death, or imprisonment for
life, or castration along with imprisonment which may
extend to ten years and fine, which may extend to five
million rupees but shall not be less than two million
rupees:
Provided that for the purposes of this Section,
minor shall be a person of either sex, who has not
attained, the age of eighteen years.
(2) Surgical castration shall be performed on the
convict by an authorized surgeon and where the surgeon
is of the opinion that surgical castration may cause death
of the convict, the chemical castration of permanent
nature shall be performed.
375
(3) Whoever attempts to commit an offence under

sub-section (1) shall be punished with imprisonment
which may extend to ten years but shall not be less than
five years or fine which may extend to 2 million rupees
but shall not be less than one million or with both.”
3. Amendment of Code of Criminal Procedure 1898, Act V of
1898.- In the Code of Criminal Procedure, 1898 (Act V of 1898),
hereinafter referred to as the said Code, existing Section 156-A
shall be renumbered as (1) and new sub-section (2) shall be
added as under:-
“(2) Notwithstanding anything contained in any other law for
the time being in force, no Police Officer below the rank of a
Deputy Superintendent Police or Assistant Superintendent Police
shall investigate the offence under Section 377-A of the Azad
Penal Code.”
4. Addition of Section 352-A, Act V of 1898.- In the said Code,
after Section 352, new Section 352-A shall be added as under:-
“352-A Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (Act V of 1898), trial of the
offence under Section 377-A of the Azad Penal Code
shall be completed within a period of sixty days:
Provided that the period of trial under this
Section may be extended to ninety days on reasonable
ground with the permission of the High Court.”
Criminal Procedure, 1898 (Act V of 1898),-
376
(a) in Schedule-Il, in column I, after Section 377 and the corresponding entries relating thereto to in
columns, 1,2,3,4,5,6,7 and 8, the following shall be inserted, namely:-
“377-A Unnatural May arrest Warrant Not bail- Not Compound- i) With death or Court of Sessions”
offences without able able imprisonment for life, or
warrant castration along with
imprisonment which may
extend to ten years and fine,
which may extend to five
million rupees but shall not
be less than two million
rupees.
ii) Imprisonment for ten
years but not less than five
years or fine which may
extend to two million rupees
but not less than one million
or with both.
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377

Jammu and Kashmir Legislative Assembly on 1st July, 2020 and
(ACT XXIV OF 2020)
An
Act
to repeal the Timber Trade (Nationalization) Act, 1976
WHEREAS, it is expedient to repeal the Timber Trade
(Nationalization) Act, 1976 (Act XVI of 1976), in the manner hereinafter
appearing;
the Timber Trade (Nationalization) (Repeal) Act, 2020.
2. Repeal of the Timber Trade (Nationalization) Act, 1976.- The
Timber Trade (Nationalization) Act, 1976 (Act XVI of 1976), is
hereby repealed.
3. Termination of Agreement.- All agreements, including lease
agreements signed between Forest Department and the Azad
Jammu and Kashmir Logging and Sawmills Corporation on or
before the 31st March, 2018 shall stand terminated, forthwith:
Provided that all trees and timber, in any shape
whatsoever, in respect of which any agreement has been signed
between Forest Department and the Azad Jammu and Kashmir
Logging and Sawmills Corporation, shall vest in the
Government:
Provided further that any person in possession or custody
or control of any timber or tree, in pursuance of an agreement as
aforesaid, shall forthwith handover to the Forest Department.
4. Bar of Jurisdiction.- No suit, prosecution or other legal
proceedings shall lie against the Government or any other person
for anything done in good faith or intended to be done under this
Act.
378
5. Indemnity.- No suit, prosecution or criminal proceeding shall lie
against the Government or any Forest Officer for anything done
or purporting to have been done by him in good faith under this
Act.
6. Savings.- Subject to the provisions contained in this Act, all
rules framed, orders passed, notifications issued, contracts
entered into, proceedings commenced, rights acquired, liabilities
incurred, penalties imposed, forfeitures made, things done, action
taken or rates, fees, or charges levied under any of the provision
of the repealed Act, shall be deemed to have been validly made,
framed, passed, issued, entered into, commenced, acquired,
incurred, done, taken, or levied.
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379

Jammu and Kashmir Legislative Assembly on 14th day of October, 2020
and received the assent of the President on the 2nd day of November,
2020, is hereby published for general information.
(ACT XXV OF 2020)
An
Act
Act, 1990
and Kashmir Local Government Act, 1990 (Act VII of 1990), for the
the Azad Jammu and Kashmir Local Government (Amendment)
Act, 2020.
1990), in Section 44, following amendments shall be made:-
(i) in sub-section (1), for the word “three”, the word “four”
and for the word “five”, the word “six” shall be
substituted; and
(ii) in sub-section (2), the full stop at the end shall be
substituted by a colon and thereafter following proviso
shall be added:-
“Provided that the Government may appoint any
person as a Vice-Chairman of the Board on such terms
and conditions as may be determined by the
Government.”
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380
Dated: 3rd December,.2020

No. LD/Legis-Act/402-15/2020. The following Act, passed by the
Azad Jammu and Kashmir Legislative Assembly on 24 th
November, 2020 and received the assent of the President on the
29th day of November, 2020, is hereby published for general
information.
[ACT XXVI OF 2020]
An
Act
further to amend the Azad Jammu and Kashmir Ehtesab Bureau Act,
2001
Whereas, it is expedient further to amend the Azad Jammu and
Kashmir Ehtesab Bureau Act, 2001 (Act I of 2001), in the manner
called the Azad Jammu and Kashmir Ehtesab Bureau
(Seventh Amendment) Act, 2020.
2. Amendment of Section 17, (Act I of 2001).- In the Azad

Jammu and Kashmir Ehtesab Bureau Act, 2001 (Act I of
2001), in Section 17, sub-section (2) shall be substituted as
follows:-
“(2) The Court shall sit at such place, or places, as the
Government may, by order, specify in this behalf.”
2. Repeal.- The Azad Jammu and Kashmir Ehtesab Bureau
(Seventh Amendment) Ordinance, 2020 (Ordinance VII of 2020)
is hereby repealed.
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information.
[ACT XXVII OF 2020]
An
Act
to amend the Azad Jammu and Kashmir Elections Act,
2020
Kashmir Elections Act, 2020 (Act XVIII of 2020), for the purposes

called the Azad Jammu and Kashmir Elections
2. Substitution of Schedule-I Act XVIII of 2020.- In the
Azad Jammu and Kashmir Elections Act, 2020 (Act XVIII
of 2020), Schedule-I shall be substituted as under:-
“SHEDULE-I
[See Section 17 (1) (a)]
Seats in the Legislative Assembly for Azad Jammu and Kashmir
territory;
District Seats Explanation
Neelum Valley 02
382
Muzaffarabad 07 For the purposes of this Act,
District Muzaffarabad and
Jehlum Valley shall be
Kotli 06
Mirpur 04
Poonch and 07 For the purposes of this Act,
Sudhnuti District Poonch and Sudhnuti
(Pallandri) shall be treated as
one district.
Bagh 04 For the purposes of this Act,
District Bagh and Havelly
(Kahuta) shall be treated as
one district.
Bhimber 03
Sd/-
383

information.
[ACT XXVIII OF 2020]
An
Act
further to amend the Azad Jammu and Kashmir Service Tribunals
Act, 1975

Kashmir Service Tribunals Act, 1975 (Act XXII of 1975), for the

1. Short title and Commencement.-(1) This Act may be
called the Azad Jammu and Kashmir Service Tribunals
Jammu and Kashmir Service Tribunals Act, 1975 (Act
XXII of 1975), hereinafter referred to as the said Act, in
sub-section (3) of Section 3, after
sub-clause (ii) of clause (a), full stop at the end shall be
substituted by expression and word “; or” and thereafter
following new sub-clause (iii) shall be added:-
“(iii) 25 years of experience in the service of Azad
Jammu and Kashmir and has served as Secretary to
Government for at least 3 years.”
384
3. Amendment of Section 4, Act XXII of 1975.- In the said
Act, for proviso to sub-section (1) of Section 4, following
shall be substituted:-
“Provided that notwithstanding anything contained
in any judgment of the Supreme Court or the High Court,-
(a) where an appeal, review or representation to a
departmental authority is provided under any law,
regulations or rules for the time being in force, no
appeal shall lie to a Tribunal unless the aggrieved
civil servant has preferred an appeal or application
for review or representation to such departmental
authority, who shall decide the appeal, application
or representation within a period of sixty days of
institution of such appeal, application or
representation:
Provided further that if the authority to
which an appeal, review or representation preferred
by the aggrieved civil servant fails to decide the
same within the stipulated period, the civil servant
may file an appeal against the original order before
the Service Tribunal within a period of 30 days
from the lapse of period prescribed for decision of
appeal, etc.
(b) In case the appeal, review or representation is
decided within the prescribed period by the
departmental authority, the aggrieved civil servant
may file appeal against the order of the
departmental authority within a period of 30 days.
385
(c) no appeal shall lie to a Tribunal against an order or

decision of a departmental authority determining the
fitness or otherwise of a person to be appointed to or
to hold a particular post or to be promoted to a
higher grade.”
4. Amendment of Section 5, Act XXII of 1975.- In the said
Act, sub-section (3) of Section 5, shall be substituted as
follows:-
“(3) Court fee at the rate of Rs. 1000/- for instituting an
appeal before the Service Tribunal and Rs. 10/- per page
shall be payable for obtaining the attested copy of an order
of the Service Tribunal:
Provided that no court fee shall be payable for
exhibiting or recording any document in respect of an
appeal sub judice before the Tribunal.”
5. Repeal of Schedule-I of Act XXII of 1975.-In the said
Act, Schedule-I shall be omitted.
Sd/-
386
information.
[ACT XXIX OF 2020]
An
Act
further to amend the Azad Penal Code, 1860 and the Code
of Criminal Procedure, 1898
Whereas it is expedient further to amend the Azad Penal Code,
1860 (Act XLV of 1860) and the Code of Criminal Procedure,
1898 (Act V of 1898) for the purposes hereinafter appearing;
called the Criminal Law (Fourth Amendment) Act, 2020.
2. Addition of Section 381-A, Act XLV of 1860.- In the

Azad Penal Code, 1860 (Act XLV of 1860), hereinafter
referred to as the said Code, after Section 381, a following
new Section 381-A, shall be inserted:-
“381-A. Theft of a car or other motor vehicles.- Whoever
commits theft of a car or any other motor vehicles,
including motor-cycle, scooter and tractor shall be punished
with imprisonment of either description for a term which
may extend to ten years and with fine not exceeding the
value of the stolen car or motor vehicle.
Explanation: Theft of an electric motor of a tube-well or
transformer shall be within the meaning of this Section.”
3. Amendment of Section 489-O, Act XLV of 1860.- In the
said Code, in Section 489-O, for the figures “6, 7, 8 or 9”
the figure and words, “489-K, 489-L, 489-M or 489-N,
387
shall be substituted and deemed to have been substituted on

16th day of February, 2020.
4. Amendment of Section 176-O, Act V of 1898.- In the
Code of Criminal Procedure, 1898 (Act V of 1898),
hereinafter referred to as the said Code, for Section 176-O,
following shall be substituted:-
“176-O. Training of Judicial officers etc.- (1) The
Government shall, in consultation with the Chief Justice of
the High Court, arrange for special training of the presiding
officers to be conducted by an entity notified by the
Government for training on computer sciences, cyber
forensics, electronic transactions and data protection.
(2) To the extent not inconsistent with this Chapter, the
procedure laid down under the Code and the Qanoon-e-
Shahadat Order, 1984 (P.O.No. X of 1984), as adopted and
enforced in Azad Jammu and Kashmir shall be followed.”
5. Amendment of Schedule II, Act V of 1898.- In the said
Code, in Schedule II:-
(i) After Section 381, in column (1) and the
corresponding entries relating thereto in columns (2)
to (8), the following shall be added, namely:-
“1 2 3 4 5 6 7 8
381-A Theft of a car Ditto Ditto Ditto Ditto Imprisonment of Court of Session
or other motor either description or a Magistrate o
vehicle of 10 years and First Class.”
fine.
(ii) In Section 489-Y, in column (1), in corresponding
entry relating thereto in column (8) the word “Ditto”
shall be added.
Sd/-
388
information.
[ACT XXX OF 2020]
An
Act
to amend the Azad Jammu and Kashmir Medical Colleges
(Governing Body) Act, 2014
Kashmir Medical Colleges (Governing Body) Act, 2014 (Act
XVIII of 2014), for the purposes hereinafter appearing;
called the Azad Jammu and Kashmir Medical Colleges
(Governing Body) (Amendment) Act, 2020.
2. Amendment of Section 5, Act XVIII of 2014.- In the
Azad Jammu and Kashmir Medical Colleges (Governing
Body) Act, 2014 (Act XVIII of 2014), in Section 5,-
(i) clause (iv) of sub-section (1) shall be substituted as
under:-
“(iv) Vice Chancellor University of Member”
Health Sciences, Lahore or his
nominee
(ii) after sub-section (5), following new sub-section (6)
shall be added:-
“(6) The Governing body shall meet at least twice in a
financial year.”
Sd/-
389

Azad Jammu and Kashmir Legislative Assembly on 25th
information.
[ACT XXXI OF 2020]
An
Act
to amend the terms and conditions of the Members of the Azad
Jammu and Kashmir Election Commission
Whereas, it is expedient to amend the terms and conditions
of Members of the Azad Jammu and Kashmir Election
Commission for the purposes hereinafter appearing;
1. Short title, extent and Commencement.- (1) This Act
may be called the Azad Jammu and Kashmir Members of
the Election Commission (Terms and Conditions)
Commission.
2. Amendment of Section 4, Act XIV of 2019.- In the Azad
Jammu and Kashmir Members of the Election Commission
(Terms and Conditions) Act, 2019 (Act XIV of 2019), in
Section 4, for the words “sixty five”, the words “sixty six”
3. Repeal.- The Azad Jammu and Kashmir Members of the
Election Commission (Terms and Conditions)
(Amendment) Ordinance, 2020 (Ordinance VI of 2020) is
hereby repealed.
Sd/-
390
Dated: 21st December,.2020

17th day of December, 2020, is hereby published for general
information.
[ACT XXXII OF 2020]
An
Act
further to amend the Azad Jammu and Kashmir Employees
Benevolent Fund and Group Insurance Act, 1971
Kashmir Employees Benevolent Fund and Group Insurance Act,
1971 (Act XVI of 1971) for the purposes hereinafter appearing;
called the Azad Jammu and Kashmir Employees
Benevolent Fund and Group Insurance (Amendment) Act,
2020.
2. Substitution of Section 15 of the Act XVI of 1971.- In the
Azad Jammu and Kashmir Employees Benevolent Fund
and Group Insurance Act, 1971 (Act XVI of 1971), Section
15 shall be substituted as follows:-
“15. Insurance of Employees.- Subject to the provisions
of this Act and the rules made thereunder, the Board
shall pay a sum as may be prescribed, on attaining
the age of superannuation or on completion of
qualifying service or in the case of death, to the
retired employee or family of the deceased
employee, as the case may be:
391
Provided that only such employees will be entitled

to receive/ refund sum assured who are contributors
or subscriber of this fund.
Sd/-
392
information.
[ACT XXXIII OF 2020]
An
Act
further to amend the Azad Jammu and Kashmir Board of
Revenue Act, 1993
Whereas; it is expedient further to amend the Azad Jammu and

Kashmir Board of Revenue Act, 1993 (Act III of 1993), for the

called the Azad Jammu and Kashmir Board of Revenue
2. Amendment of Section 3, Act III of 1993.- In the Azad
Jammu and Kashmir Board of Revenue Act, 1993 (Act III
of 1993), in proviso to sub-section (1) of Section 3, for the
word “two”, the word “three” shall be substituted.
Sd/-
393

Dated: 24th December,.2020

information.
[ACT XXXIV OF 2020]
An
Act
further to amend the Azad Jammu and Kashmir Distressed Persons
Relief Act, 1985
Kashmir Distressed Persons Relief Act, 1985 (Act XXIX of 1985)
for the purposes hereinafter appearing;

called the Azad Jammu and Kashmir Distressed Persons
Relief (Amendment) Act, 2020.
(2) It shall come into force at once and deem to have been
taken effect from 1 st July, 2019.
2. Amendment of Section 6, Act XXIX of 1985.- In the
Azad Jammu and Kashmir Distressed Persons Relief Act,
1985 (Act XXIX of 1985), hereinafter referred to as the
said Act, Section 6 shall be renumbered as sub-section (1)
and thereafter following sub-section (2) shall be added as
under:-
“(2) Notwithstanding anything contained in this Act,
the Government shall have power to amend the
Schedule by notification in the Official Gazette:
Provided that when an area is notified as
natural calamity affected area, the Government may
consider a special dispensation for the effectees
including revision of rates of assistance.”
394
3. Substitution of the Schedule, Act XXIX of 1985.- In the
said Act, the existing Schedule shall be substituted as
under:-
“SCHEDULE
(See Section 6)
Sr. Nature of loss Amount of
No. financial
assistance (in
rupees)
1 Death 400,000/-
2 Permanent Disability 150,000/-
3 Grievous Injury 100,000/-
4 Minor Injury 20,000/-
5 Pakka House (completely damaged) 100,000/-
6 Pakka House (partially damaged) 70,000/-
7 Kacha House (completely damaged) 100,000/-
8 Kacha House (partially damaged) 60,000/-
9 Pakka Shop (completely damaged) 75,000/-
10 Kacha Shop (completely damaged) 50,000/-
11 Shelter (completely damaged) 75,000/-
12 Heavy vehicles (Bus, Truck etc.) 150,000/-
completely damaged
13 Light vehicles (Coaster, Wagon, 75,000/-
Jeap, Car etc.) completely damaged
14 Buffalo 60,000/-
(Cow/Horse/Camel/Donkey/Mule
15 Sheep/Goat 15,000/-
16 House hold accessories/Business 50,000/-
goods (completely damaged)
Sd/-
395


information.
[ACT XXXV OF 2020]
An
Act
further to amend the Azad Penal Code, 1860 and the Code
of Criminal Procedure, 1898
Whereas it is expedient further to amend the Azad Penal Code,
1860 (Act XLV of 1860) and the Code of Criminal Procedure,
1898 (Act V of 1898) for the purposes hereinafter appearing;
called the Criminal Law (Fifth Amendment) Act, 2020.
2. Addition of a new Chapter XIX-A, Act XLV of 1860.- In
the Azad Penal Code, 1860 (Act XLV of 1860), as adopted
and in force in Azad Jammu and Kashmir, after Chapter
XIX, the following new Chapter XIX-A shall be added,
namely:-
“CHAPTER XIX-A
OFFENCES RELATING TO PROPERTY GRABBING
492-A. Definitions.- In this Chapter, unless there is

anything repugnant in the subject or context,-
(a) “Occupier” means a person who is in lawful
possession of public and private property;
(b) “Owner” means a person who actually owns the
396
property at the time of his dispossession, otherwise
than through a process of law; and
(c) “Property” means immovable property.
492-B. Prohibition of Grabbing of Property, etc.- (1)
No one shall enter into or upon any property to
dispossess, grab, control or occupy it without having
any lawful authority to do so with the intention to
dispossess, grab, control or occupy the property from
Owner or Occupier of such property.
(2) Whoever holds a property under a lawful
authority or occupies it lawfully in pursuance of
provision of law, or a lawful order or a decree of a
Court or an agreement, for a period of time specified or
agreed upon as the case may be, on expiration of such
period, as aforesaid, he shall be liable to surrender such
property to such person who is entitled for the
possession thereof.
(3) Whoever contravenes the provisions of the
sub-section (1) or (2) shall, without prejudice to any
punishment to which he may be liable under any other
law for the time being in force, be punished with
imprisonment which may extend to ten years and with
fine and the victim of the offence shall also be
compensated in accordance with the provision of
Section 544-A of the Code.
492-C. Forcibly Dispossessing any lawful Owner
or Occupier.- Whoever forcibly and wrongfully
dispossess any lawful owner or occupier of any
property and his act does not fall within Section 492-B
shall be punished with imprisonment which may extend
to ten years or with fine or with both, in addition to any
other punishment to which he may be liable and the
Court may at its discretion impose compensatory cost
on the accused in lieu of the expenses as well as mental
agony faced by the complainant during the course of
trial as the Court deems fit or appropriate.”
397
3. Addition of Chapter No. XVI-A, Act V of 1898.- In the

Code of Criminal Procedure, 1898 (Act V of 1898), as
adopted and in force in Azad Jammu and Kashmir, after
Chapter No. XVI, a new Chapter No. XVI-A shall be added
as under:-
“CHAPTER XVI-A
OF OFFENCES RELATING TO PROPERTY
GRABBING
203-D. Application.- Notwithstanding anything
contained contrary to any other law or any other chapter
of this Code, the provisions of this chapter shall apply
in respect of offences under Chapter XIX-A of the Azad
Penal Code, 1860, as added above.
203-E. Cognizance of Offence.- (1) The offences
under Chapter XIX-A of the Azad Penal Code, 1860
(Act XLV of 1860) shall be triable by the Court of
Sessions on a complaint:
Provided that in case of Government
property the complaint shall be made by the concerned
department after approval of the Law Department.
Provided further that in case of Government
property, any person can invite attention of the Head of
Office or Department regarding grabbing of
Government property and if such head of Office or
Department fails to take concrete steps, he may be
proceeded under the disciplinary law for the time being
in force.
(2) The offences under Chapter XIX-A of the Azad
Penal Code, 1860 (Act XLV of 1860), shall be non-
cognizable.
(3) The Court at any stage of the proceedings may

direct the Police to arrest the accused.
203-F. Investigation and Procedure.- (1) Upon a

complaint, the Court may direct the Officer-Incharge of
398
a Police Station to investigate and complete the
investigation and forward the same within a period of
fifteen days to the Court:
Provided that the Court may extend the time in case
where sufficient reasons are shown for not doing so
within the time specified in this sub-section but not
more than thirty days:
Provided further that whenever a local inquiry is
necessary for the purpose of this Act, the Court may
direct a Magistrate or a Revenue Officer in the District
to make inquiry and submit its report within a specified
period as the Court may direct and the report of
Magistrate or Revenue Officer, as the case may be,
shall be construed as evidence in the case.
(2) On taking cognizance of a case, the Court shall
proceed with the trial on day to day basis and shall
decide the case within a period of sixty days and if any
delay occurred due to any unavoidable circumstances,
which is beyond human control, the Court shall record
the sufficient reason thereto.
(3) The Court shall not adjourn the trial, unless such
adjournment is, in its opinion, necessary in the
interest of justice and no adjournment shall be
extended or allowed beyond seven days.
(4) If the Court reaches at the conclusion after
conducting the trail that complaint is frivolous, false
or vexatious, the Court may award compensatory
cost upon the complainant which may extend to five
hundred thousand rupees.
203-G. Power to Attach Property.- (1) When the
Court is of the opinion that property is not in the
possession of any person immediately before the
commission of the offence, the Court may attach the
Property till final decision of the case.
(2) In case of attachment of property under sub-section
(1), the Court shall determine the mode of its
management, safeguard against natural decay or
deterioration.
399
203-H. Eviction and mode of recovery as an interim

relief.- (1) If during trial the Court is satisfied that a
person is found prima facie to be not in lawful
possession, the Court shall, as an interim relief direct
him to put the owner or occupier, as the case may be, in
possession.
(2) Where the person against whom any such order is
issued under sub-section (1) fails to comply with the
direction of Court, the Court shall notwithstanding
anything in any other law for the time being in force,
take such measures and pass such direction as may be
deemed necessary to put the possession of property to
its Owner or Occupier.
(3) The Court may authorize any official or officer to
take possession of immovable property for securing
compliance with its directions under sub-section (1)
and the person so authorized may use or cause to be
used such force as may be just and deemed
necessary to the extent of dispossession.
(4) If any person, authorized by the Court, under sub-
section (3), requires Police assistance to implement
court direction in the exercise of his powers under
this Chapter, he may send a requisition for
rendering such assistance as may be required and
the Officer Incharge of the Police Station or any
other person so authorized in this behalf shall be
bound to provide such assistance as expeditiously as
possible.
(5) The failure of the Officer-Incharge of Police Station
to provide or render such assistance under sub-
section (4) shall amount to misconduct for which
the Court may pass such order against him as the
Court deems fit or direct departmental authorities to
take strict action against him.
203-I. Delivery of Possession of Property to
Owner, etc.- (1) On conclusion of the trial, if it is
proved that an Owner or Occupier of the Property was
illegally dispossessed or grabbed under Section 492-B
or 492-C the Court may, at the time of passing order
400
under sub-section (3) of Section 492-B direct the
accused or any person claiming through him for
restoration of the possession of the Property to the
Owner or, as the case may be, the Occupier forthwith, if
not already restored to him under Section 203-H.
(2) For the purpose of sub-section (1), the Court may,
where it is required, direct the Officer-Incharge of the
Police Station for such assistance as may be required
for restoration of the possession of the Property to the
Owner or Occupier, as the case may be.
203-J. Appeal.- Any person aggrieved by the final
judgment or order of the Court under this Chapter may,
within thirty days prefer an appeal to the High Court
and the High Court shall decide the appeal within 30
days.
Provided that no appeal shall lie against any
interlocutory order of the Court during the proceedings
pending before it under this Chapter.”
4. Overriding effect.- The provisions of this Act shall have
effect notwithstanding anything contained in any other law.
5. Amendment of Schedule II, Act V of 1898.- In the said

Code, in Schedule II, after Section 491, in column (1) and
the corresponding entries relating thereto in columns (2) to
(8), the following shall be added, namely:-
“1 2 3 4 5 6 7 8
492-B Prohibition May not Warrant Not CompoundableImprisonment of Court of
of arrest bailable ten years and Sessions.
Grabbing without fine and
of Property, warrant compensation.
etc.
492-C Forcibly Ditto Ditto Ditto Ditto Imprisonment of Ditto”
dispossess ten years and
any lawful fine or with both.
owner or
occupier of
property
401
Sd/-
402
403
404
405

Azad Jammu and Kashmir Legislative Assembly on 1 st day of
December, 2020 and received the assent of the President on the
information.
[ACT XXXVII OF 2020]
An
Act
to amend the Control of Narcotics Substances Act, 1997
Whereas it is expedient to amend the Control of Narcotics

Substances Act, 1997 as adapted and enforced in Azad Jammu and
Kashmir vide Act X of 2001, in the manner hereinafter appearing;
1. Short title and Commencement. - (1) This Act may be
called the Control of Narcotics Substances (Amendment)
Act, 2020.
2. Amendment of Section 21, Act XXV of 1997.- In the
Control of Narcotics Substances Act, 1997 (Act XXV of
1997), as adapted and in force in Azad Jammu and
Kashmir, hereinafter referred to as the said Act, the full
stop at the end of clause (d) to sub-section (1) of Section 21
shall be substituted with colon “:”and following new
proviso shall be added:-
Provided that in case of non-availability of a Sub-
Inspector of Police or equivalent officer as mentioned in
sub-section (1), an Assistant Sub-Inspector shall be
competent to take such actions and discharge functions of a
Sub-Inspector under this Section.
3. Amendment of Section 46, Act XXV of 1997.- In the said
Act, in Section 46, following amendments shall be made:-
(a) In clause (ii) of sub-section (2), for the word
“two”, the word “seven” shall be substituted.
406
(b) In clause (ii) of sub-section (3), after the
word “Class” the words and figures
“empowered under Section 30 of the
Criminal Procedure Code, 1898” shall be
added.
(c) In clause (ii) of sub-section (5), after the
word “Class”, the words and figure
“empowered under Section 30 of the
Criminal Procedure Code, 1898” shall be
added.
Sd/-
407

Azad Jammu and Kashmir Legislative Assembly on 4th day of
information.
[ACT XXXVIII OF 2020]
An
Act
to provide for the prevention of hoarding in respect of
various articles, in the wake of an emergent situation resulting
from the outbreak of the Corona virus pandemic (COVID-19)
WHEREAS it is expedient to provide for the prevention of
hoarding in respect of various articles mentioned in schedule to this
Act, in an emergent situation resulting from the outbreak of the
Corona virus pandemic(COVID-19) and for matters connected
therewith and ancillary thereto;
WHEREAS the World Health Organization has declared the
Corona virus (COVID-19) to be a pandemic requiring multifaceted
responses;
1. Short title, extent and commencement.– (1) This Act

shall be called the Azad Jammu and Kashmir COVID-19
(Prevention of Hoarding) Act, 2020.

Kashmir.
(3) It shall come into force at once and shall be deemed

to have taken effect from 19.08.2020.
(4) This Act shall stand repealed on and from such date,
the Government declares that the Corona pandemic
is over.
408
2. Definitions.– In this Act, unless there is anything repugnant
in the subject or context:–
(a) "Dealer" means any person, trader, partnership,

firm, whether registered or unregistered, an
association or body of persons or individuals, or a
company, or their agents carrying on the business of
purchasing, selling or stocking of any scheduled
article and includes a manufacturer, producer,
packager, importer, exporter, wholesaler or retailer
of such article;
(b) “Government” means the Azad Government of the
(c) “Hoard” or “Hoarding”:
(i) means stocking or storing anything in excess

of the maximum quantity of scheduled
articles allowed to be held in stock or
storage, in the manner as may be prescribed;
or
(ii) where no maximum quantity of a scheduled
article is prescribed under sub-clause (i),
“hoard” or “hoarding” shall mean stocking
or accumulation of scheduled articles
without offering such articles for sale,
despite there being a demand by consumers;
(d) “Officer” means the Deputy Commissioner of a
district and such other officer as may be authorized
by him in this behalf;
(e) “Prescribed” means prescribed by rules made
under this Act;
(f) “Scheduled article” means any of the articles
specified in the schedule to this Act;
3. Offence of Hoarding.– (1) Any Dealer who is found to

Hoard any Scheduled article shall be guilty of an offence
409
punishable with simple imprisonment which may extend to

three years and fine equivalent to fifty percent of the value
of the Scheduled articles involved in the case.
(2) The value of Scheduled articles for purposes of sub-
section (1) shall be determined in the manner as may be
prescribed.
4. Power to search for and seizure of scheduled article.–

(1) When an Officer has reasonable grounds to suspect,
either upon information from any source or on its own, that
there has been a contravention of any of the provisions of
this Act, the officer may, after recording in writing the
grounds of his suspicion, enter and search, without any
warrant, any place where a dealer keeps, or is for the time
being keeping, any Scheduled article, accounts, registers or
any other related items or things.
(2) Upon entry in and search of a premises under sub-
section (1), if Scheduled articles are found at such premises
in contravention of this Act, the officer shall immediately
seize the same and prepare a detailed report of the
scheduled articles and other relevant material found during
the search.
(3) The provisions of the Code of Criminal Procedure,
1898 (Act V of 1898) shall not be applicable on search and
seizure under this Act.
5. Power to auction seized scheduled articles.– (1)
the time being in force and in addition to the prosecution
under this Act, the Officer may sell the Scheduled articles
seized under Section 4 by auction, in the manner as may be
prescribed.
(2) The proceeds collected under sub-section (1) shall
be deposited in a profit bearing bank account in the
National Bank, and if: -
(a) the accused person whose Scheduled articles
are auctioned is acquitted of an offence
under Section 3, the deposited amount
410
alongwith the profit shall be released to the
said accused; or
(b) the accused person whose Scheduled articles
are auctioned is convicted of an offence
under Section 3, the deposited amount
alongwith the profit shall be released into
the government exchequer.
6. Cognizance of offence and arrest without warrant.–(1)
Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (V of 1898), all offences
punishable under this Act shall be cognizable and non
bailable.
(2) The Special Magistrate under section 8 shall take
cognizance of an offence under this Act, upon written
information by the Officer.
(3) An Officer may arrest any person without warrant
against whom there is credible information that he has
committed an offence under this Act.
7. Offences by corporations etc.– If an offence under this
Act is committed by a company or body corporate or a
partnership or other association or body of persons or
individuals, every director, manager, secretary, member or
other officer, the principal, primary or beneficial owner or
agents thereof shall, unless he proves that the contravention
took place without his knowledge or that he exercised all
due diligence to prevent such contravention, be deemed to
be guilty of such contravention and shall be liable to
punishment under this Act.
8. Power to try offences summarily. – (1) Offences
punishable under this Act shall be tried by a Special
Magistrate appointed under section 14-A of the Code of
Criminal Procedure, 1898 (Act V of 1898), in a summary
manner as provided in Sections 262 to 265 of the said
Code.
Provided that sub-section (2) of Section 262 of the
Code of Criminal Procedure, 1898 (Act V of 1898) shall
not apply.
411
(2) If a Special Magistrate has reason to suspect that

any offence punishable under this Act has been committed
by any Dealer or owner of a godown or a storage place or
its management or agent thereof, he may enter the place or
premises where the offence has been committed and try the
offence on the spot.
(3) The trial under this Act shall be concluded within
thirty days.
9. Appeal.– (1) A person aggrieved by an order of conviction
and sentence under of this Act may prefer an appeal before
a District and Sessions Judge within thirty days of the said
order.
(2) An appeal under sub-section (1) shall be disposed of
within thirty days.
10. Reward for informers.– Anyone who provides an
information to an Officer with regard to any act or acts of
Hoarding, which results in a conviction and release of funds
into the Government exchequer, shall be entitled to an
award equivalent to ten percent of the amount released to
the Government exchequer, in the manner as may be
prescribed.
11. Information and declarations.– (1) Every Dealer shall
provide to an officer, such information regarding
production, importation, exportation, purchase, stock, sale
or distribution of any of the Scheduled articles as the
Officer may, by an order in writing, require.
(2) The Officer may direct the owners or manufactures
of Scheduled articles or owners and management of
godowns or storage places or their agents to declare stocks
of any particular item, owned or managed by them at their
premises, at any point in time or at such periodical intervals
as may be deemed fit.
(3) The declaration to be made under sub-section (2),
shall, inter alia, include, the quantity of stock, its value,
date of purchase, copies of procurement invoices in any
given time frame, along with details of any sale or sale
agreements.
412
(4) The Officer may verify the stock as well as the
books or documents in respect of the stock, purchase or
sale, at any time, in respect of Scheduled articles.
(5) While carrying out the verification of stock in terms
of sub-section (4) or upon receipt of any information from
whatever source, the officer may require the dealer, owner
or manager of a godown or storage place to furnish the
details of persons, shops, firms or companies, etc. from
whom the purchases have been made and to whom the sales
have been or are to be made.
12. Offences in respect of false reporting and failure to
disclose information.– Any Dealer or owner of a godown
or a storage place or their management or agent, who fails
to provide information or gives fake or false information
with regard to any of the items or details under Section 11,
or provides false or fake information of contracts,
agreements or arrangements, or is otherwise found to be
involved in speculative dealings or market manipulation,
creating artificial, false or misleading appearance with
respect to the price of, or market for, the Scheduled articles,
shall be guilty of an offence punishable with simple
imprisonment which may extend upto three years and fine
equivalent to one million rupees.
13. Protection of action taken under the Act.– (1) No suit,
person for anything done in good faith.
(2) Except as provided in this Act, no suit or other legal
proceedings shall lie to challenge any proceedings under
this Act on any ground.
14. Action in aid of an Officer.– In giving effect to the
provisions of this Act, an Officer, where he deems fit, may
seek the aid of law enforcement agencies.
the official Gazette, make rules to carry out the purpose of this Act.
16. Act to override other laws.– The provisions of this Act
shall have effect notwithstanding anything contained in any
other law for the time being in force.
413
17. Power to amend Schedule.– The Government may, by

notification in official Gazette, amend the Schedule so as to
add to, or omit from it, any commodity or class of
commodities.
Sd/-
414
SCHEDULE
(see Section 2)
1 Tea 17 Spices & Vegetables

2 Sugar 18 Red Chilli
3 Milk 19 Drugs and Medicines
4 Powdered Milk 20 Kerosene oil
5 Milk and food for infants 21 Rice
6 Edible oil, hydrogenated or 22 Wheat, Flour all sorts
otherwise
7 Aerated water, fruits juices and 23 Chemical fertilizers all sorts
squashes
8 Salt 24 Poultry food
9 Potatoes 25 Surgical gloves
10 Onions 26 Face masks
11 Pulses all sorts 27 N95 masks
12 Fish all sorts 28 Sanitizers
13 Beef 29 Surface cleaning products
14 Mutton 30 Pesticides
15 Eggs 31 Match sticks
16 Gur 32 Isopropyl Alcohol
415

Azad Jammu and Kashmir Legislative Assembly on 4th day of
information.
[ACT XXXIX OF 2020]
An
Act
to register and regulate charities and collection of charitable funds

Whereas, it is necessary to provide for the registration,
administration and regulation of charities, fund-raising appeals and
collection of charitable funds for charities and ancillary matters;
1. Short title, Extent and Commencement.–(1) This Act
may be called the Azad Jammu and Kashmir Charities
Registration, Regulation and Facilitation Act, 2020.
(2). It extends to whole of the Azad Jammu and Kashmir.
(3)It shall come into force at once and shall be deemed to
2. Definitions.–In this Act, unless there is anything repugnant
in the subject or context,-
(a) “Act” means the Azad Jammu and Kashmir
Charities Registration, Regulation and
Facilitation Act, 2020;
(b) “Assistant Commissioner” means the ex-
officio executive officer incharge of a Tehsil;
(c) “Charitable Fund” includes the money and
goods collected for a limited period of time for
charitable purpose by a person or organization
not registered as a charity;
(d) “Charitable Purpose” means the purpose
which is for-
416
(i) Prevention and relief of poverty;
(ii) Promotion of education and learning;
(iii) Provision of health and lifesaving
services;
(iv) Community development;
(v) Promotion of arts, culture and
heritage;
(vi) Promotion of human rights, conflict
resolution and reconciliation
activities;
(vii) promotion of religious and racial
harmony;
(viii) promotion of diversity and tolerance;
(ix) environmental protection and
environmental improvement;
(x) relief of those in need of it by reason
of youth, age, ill health, or disability;
and
(xi) such other purposes as the
Commission may determine.
(e) “Charity” means any association of persons
which is established for a charitable purpose
and includes the following:
(i) an organization registered under the
Voluntary Social Welfare Agencies
(Registration and Control)
Ordinance, 1961 (XLVI of 1961) as
adopted and enforced in Azad
Jammu and Kashmir;
(ii) an organization registered under the
Societies Registration Act, 1860
(XXI of 1860) as adopted and
enforced in Azad Jammu and
Kashmir;
(iii) an organization registered under the
Companies Ordinance (Adaptation)
Act, 1984 or under any other law for
the time being in force;
417
(iv) an organization registered for

charitable purposes under any law
for the time being in force; and
(v) a public or private trust.
(f) “Charity Trustee” means the person or
persons having the general administration,
control and management of a Charity;
(g) “Collect” or “collection” means appealing for,
receiving, collecting or attempting to collect
any donations whether in money or in any kind;
(h) “Collector” means a person actually engaged
in collecting donations for a Charitable
purpose(s);
(i) “Commission” means the Charity Commission
established under the Act;
(j) “Declaration” means a declaration made by
the Charity or Promoter of a Charitable Fund,
stating-
(i) the names and addresses of the Charity
or Promoter or promoters of the fund;
(ii) the proposed value of the donation;
(iii) the names and addresses of the
collectors of the fund;
(iv) the names and addresses of the
recipients of the fund;
(v) the objects and purposes for which the
fund shall be utilized;
(vi) the names of the banks or the persons
in whose custody the collection shall
be kept; and
(vii) any other prescribed information.
(k) “Deputy Commissioner” means the ex-officio
executive officer incharge of a district or any
other person appointed by the Government as
ex-officio Deputy Commissioner for purposes
of the Act;
(l) “Government” means the Azad Government
of the State of Jammu and Kashmir;
418
(m) “Prescribed” means prescribed by the rules or
regulations made under the Act;
(n) “Promoter” means a person, other than a
charity, responsible for collection, custody,
administration and accounting of the donations
for a Charitable Fund or a Charitable purpose;
(o) “Recipient” means an individual, institution,
association, society or undertaking for whose
benefit a Charitable Fund is or shall be
collected;
(p) “Registering Authority” means the registering
authority mentioned in Section 18 of the Act;
and
(q) “Sanctioning authority” means the authority
mentioned in Section 19 of the Act.
3. The Commission.– (1) There shall be a Charity
Commission comprising of,-
(i) Secretary Social Welfare Chairperson
(ii) Additional Secretary Law Member
(iii) Additional Secretary Home Member
(iv) Additional Secretary S&GAD Member
(v) Additional Secretary Finance Member
(vi) Director Social Welfare Member/Secretary
(2) Subject to the provisions of the Act, the Commission

shall discharge its functions, exercise its powers and
conduct its proceedings in the prescribed manner and until
so prescribed in the manner as the Commission may
determine.
(3) The Chairperson and the Members shall be responsible
for the discharge of the mandate of the Commission.
(4) A Member shall perform such functions as may be
prescribed or assigned by the Commission.
4. Chief Executive Officer.– (1) The Director Social Welfare
shall be the ex-officio Chief Executive Officer and
Secretary of the Commission.
(2) The Chief Executive Officer shall be responsible for the
day to day administration of the Commission and shall
419
perform such other functions as may be prescribed or

assigned by the Commission.
5. Functions of the Commission.– (1) The Commission shall
perform such functions as may be necessary for
accomplishing the purposes of the Act.
(2)Without prejudice to the generality of the foregoing
powers, the Commission shall,-
(a) maintain public trust and confidence in charities;
(b) register charities;
(c) protect charities and the beneficiaries thereof;
(d) ensure that charities and promoters comply with
their legal obligations in exercising control and
management of the administration of the
charitable funds;
(e) issue necessary advice to the charities and
charity trustees;
(f) ensure effective use of charitable funds;
(g)institute a mechanism for effective monitoring
and accountability of charities, promoters,
collectors and recipients;
(h) hold, if necessary, an enquiry into the affairs of a
Charity or Charitable Fund;
(i) alter or set aside sanction of collection accorded
by a Deputy Commissioner;
(j) receive and examine annual audit report of a
(k) conduct or cause to be conducted a special audit
of a Charity or Charitable Fund;
(l) issue guidelines for proper accounting,
management and utilization of a Charity or
Charitable Fund;
(m) issue such directions to the Deputy
Commissioners and Assistant Commissioners
as may be necessary for the due discharge of
the functions under the Act; and
(n) perform such other related functions as the
Government may assign.
6. Power to call for record of Charities, etc.–(1) The
Commission may call for any record, data or information
about a Charity, a Charity Trustee, the beneficiaries of a
420
Charity, a Charitable Fund and expenditure on Charity by a
corporate entity.
(2) The Commission may seek verification of the financial
records from financial institutions and may utilize the
services of a law enforcing agency for the purpose.
7. Power to appoint Charity Trustee.– (1)The Commission
may appoint a Charity Trustee or any officer or office-
bearer of a Charity if such charity fails to remove a trustee
or appoint a new trustee or officer where,-
(a) a trustee or officer has been convicted of an
offence involving moral turpitude, dishonesty or
deception; or
(b) a trustee has been adjudged bankrupt; or
(c) the conduct of a trustee or officer is detrimental
to the cause of the Charity owing to
mismanagement or other reasons as may be
determined by a court or the Commission.
(2) The Commission shall provide an opportunity of
defence and hearing to the Charity or the person
likely to be affected by the decision of the
Commission.
8. Enquiry.–(1) The Commission, on its own motion or on
receipt of a request from the Government or a complaint
from any person, may hold an enquiry into the affairs of a
Charity to ascertain whether any charitable funds have been
misapplied or misappropriated or there is any breach of
trust.
(2) If as a result of enquiry under sub-section (1), the
Commission finds that an offence has been committed
under any law or any trust has been breached, it may move
a reference to the Government to proceed further in
accordance with law.
9. Employees.–(1) The Commission may, from time to time,
employ ex-officio persons to assist the Commission in the
performance of its functions.
(2) The employees of the Commission shall be paid such
remuneration and allowances and shall hold their
employment on such terms and conditions as may be
prescribed.
10. Appointment of Advisers, Consultants etc.– The
Commission may, employ such ex-officio consultants, or
421
technical professionals or advisers as may be necessary for

the due discharge of its functions under the Act.
11. Charities to be Registered.–(1) Every charity shall get
itself registered with the Commission not later than such
date as the Government may, by notification, determine.
(2) A Charity shall not collect charitable funds or seek
collection of the charitable funds unless it is registered
under the Act.
(3) An existing charity shall be registered by the
Commission within 90 days.
12. Exemption.– The Government may, after recording
reasons, exempt an organization or Charity from the
provisions of Section 11 of the Act, but an organization
which is not registered as a not-for-profit company shall not
be so exempted.
13. Register of Charities.– (1) The Commission shall maintain
a Register of Charities in such manner as may be prescribed
and until so prescribed as the Commission may determine.
(2) The Register shall contain,-
(a) the name of every registered charity; and
(b) such other particulars of, and such other
information relating to, every such Charity as
may be prescribed or as the Commission may
determine.
14. Application for Registration.–(1) Every organization
required to be registered under the Act shall provide to the
Registering Authority the information regarding the
objectives of the Charity, the source or sources of income
of the Charity and the nature of its spending, and such other
documents or information as may be prescribed.
(2) The Registering Authority may, for reasons to be
recorded in writing, refuse registration of an organization if
in its opinion the objects of Charity stated in Declaration
are not in consonance with the Charitable purpose or for
any other reasonable cause.
15. Register to be Public Document.– (1) The Register of
Charities shall be a public document and shall be open to
public inspection at all reasonable times.
(2) A person may obtain copies of particulars of Register of
Charities or documents supplied by a Charity subject to
payment of such fee as may be prescribed.
422
(3) The Commission shall publish on its website such
information in the Register as may be necessary to create
general awareness about the work and conduct of charities.
16. Cancellation of Registration.– The Commission may,
after affording an opportunity of hearing, suspend or cancel
the registration of a Charity if the Commission is satisfied
that,-
(a) the organization or association of persons is not
furthering any charitable purpose; or
(b) the Charity has committed a serious violation of
the provisions of the Act or the rules.
17.Registering Authority.– (1) The Commission shall be the
Registering Authority when the operation of a Charity
extends to the whole of the Azad Jammu and Kashmir.
(2) The Deputy Commissioner shall be the Registering
Authority when the operation of a Charity does not extend
beyond the district.
(3)The Assistant Commissioner shall be the Registering
Authority where the operation of a Charity extends only to
a Tehsil.
18. Sanctioning Authority.–(1) The Commission may sanction
the collection of charitable funds if the collection is
proposed to be made from the whole of the Azad Jammu
and Kashmir or two or more districts or for a period of
more than twelve months.
(2) Subject to sub-section (1),-
(a) the Deputy Commissioner may sanction the
collection of charitable funds if the collection is
to be made from within a district; and
(b) the Assistant Commissioner may sanction the
collection of charitable funds if the collection is
to be made from within a Tehsil.
19. Prohibition on Collection.– (1) A Promoter shall not make
or solicit collection for any charitable fund unless before
the start of the collection, he makes a Declaration in respect
of the intended collection and delivers the Declaration to
the Sanctioning Authority, and the Sanctioning Authority
sanctions, in writing, the collection.
(2) The Sanctioning authority may refuse to sanction the
collection under this Section if it is not satisfied with regard
to good faith of the Promoter or persons proposing to make
423
the collection, or if the authority is not satisfied with regard

to the proper custody of the fund or the due administration
of the fund for the purpose for which it is to be collected.
(3) The Sanctioning Authority may sanction the collection
subject to such conditions as it may consider necessary for
ensuring the proper custody of the fund and its due
administration and utilization for the objects and purposes
of the Charitable Fund.
(4) If the Sanctioning Authority sanctions the collection, it
shall issue or cause to be issued a certificate for a specified
period, to the Promoter in such form and manner as the
Commission may, by regulations, prescribe,
authorizing him to make the collection through identified
collectors and for identified recipients.
(5) The Deputy Commissioner may alter or set aside a
sanction of collection accorded by an Assistant
Commissioner in the district.
20. Powers of Sanctioning Authority.–The Sanctioning
Authority may, at any time, for sufficient reasons and after
affording opportunity of hearing, cancel or alter any order
made or direction given by it under the Act.
21. Residuary Powers of the Commission.–The Commission
may issue such directions to the Deputy Commissioners
and Assistant Commissioners as may be necessary for
achieving the objectives of the Act.
22. Periodic Evaluation of Charities.– The Commission shall
undertake a periodic evaluation of the charities to review
the performance of the charity trustees under the Act.
23. Administrative Actions.– (1) If, after evaluation or audit,
the Commission is satisfied that any Charity has failed to
comply with the obligations envisaged under the Act, the
Commission may,-
(a) suspend or cancel the registration of that
Charity under the Act; and
(b) impose fine, not exceeding one million rupees,
on the Charity or organization.
(2) The Commission shall not take any action under sub-
section (1) unless the Charity or organization is afforded a
reasonable opportunity of hearing and showing cause
against the proposed action.
424
24. Reports.– The Commission shall, from time to time,
publish reports, highlighting the areas of operations carried
out by the Commission and other administrative actions
taken during the period under report.
25. Obligations of Charity Trustees.–A Charity Trustee
shall,-
(a) comply with the terms and conditions of the
governing instrument which envisages the
establishment of the Charity Trustee with the
relevant authority;
(b) coordinate with the other charities operating in
the respective domain for purposes of
consolidated efforts at achieving the objectives
and targets under the Act; and
(c) immediately inform the Commission about any
change in the constituent document of the
Charity.
26. Fiduciary Responsibilities of Charity Trustees.– A
Charity Trustee shall be responsible for,-
(a) controlling the assets of the Charity;
(b) protection, proper investment and utilization of the
charitable fund;
(c) ensuring that the charitable funds are not used for
any purpose other than the declared purpose;
(d) ensuring that the charitable funds or property is not
misused or allowed to go waste as a result of
mismanagement or for any other reasons;
(e) the sale, lease or other disposal of the charity
property and insurance of the charity property; and
(f) ensuring that no unnecessary encumbrances are
created on the charity property.
27. Accounting records of a Charity.–(1) The charity trustees
shall ensure that accurate accounting records are
maintained in respect of the Charity.
(2) The accounting records shall mention all the
transactions of the Charity and shall also reflect on the
financial position of the Charity.
(3) The accounting records shall in particular contain,-
(a) entries pertaining to all sums of money received
and expended by the Charity each day;
425
(b) matters in respect of which the receipt and

expenditure takes place; and
(c) the details of assets and liabilities of the Charity.
(4) The charity trustees shall preserve the accounting
records for such period as may be prescribed.
(5) The Charity Trustee shall prepare annual statement of
accounts.
(6) If the amount given to a Charity in a calendar month
exceeds fifty thousand rupees, the Charity shall deposit the
amount in a dedicated bank account and shall provide
information of the bank account to the Sanctioning
Authority or the Registering Authority, as the case may be.
28. Accounting of Charitable Funds.– The charity trustees
shall ensure that accounting records of a Charitable Fund
are maintained as required under Section 27.
29. Audit and Inspection.–(1) The Member or the Sanctioning
Authority may, for reasons to be recorded, direct that the
accounts of a Charity shall be audited or re-audited by a
specified auditor at the expense of the Charity or the person
who has applied for the special audit of the Charity.
(2) The Commission or Sanctioning Authority may inspect
or cause to be inspected any accounts maintained under the
Act or the rules.
30. Misapplication of Funds.– (1) A charity, Promoter,
Collector or Recipient of a Charitable Fund shall not use
the fund for any purpose or object other than the purpose or
object for which it was collected except with the prior
permission of the Commission.
(2). A person authorized to hold charitable fund shall not
transfer the custody of the Charitable Fund to any other
person except with the prior approval in writing of the
Commission or the Sanctioning Authority.
(3) If any part of any donations collected for any charitable
fund is used for any purpose or object other than that for
which it was collected, or is otherwise misapplied or
misappropriated in any manner, every person concerned
with the collection or administration of the fund, whether as
a Promoter, Collector or a Recipient, shall unless he proves
that the misuse, misapplication or misappropriation
occurred without his knowledge and that he had used all
due diligence to prevent such misuse, misapplication or
426
misappropriation, shall be deemed to have committed the
misuse, misapplication or misappropriation of the
Charitable Fund.
31. Penalty.– (1) Any person who dishonestly or fraudulently
tampers with, conceals or destroys any records pertaining to
the collection of any charitable fund to which the Act
applies shall be deemed to have contravened the Act.
(2) Notwithstanding anything contained in other law
enforced, a person who contravenes any provision of the
Act or the rules or of any order made, direction given or
condition imposed under the Act shall be liable to
punishment of imprisonment for a term which may extend
to six months but which shall not be less than fifteen days
and fine which shall not be less than twenty five thousand
rupees or more than one hundred thousand rupees.
32. Cognizance and summary trial.–(1) An offence under the
Act shall be cognizable and non-bailable.
(2) A Magistrate of the first class shall conduct the trial of
an offence under the Act in accordance with the provisions
of Chapter XXII of the Code of Criminal Procedure, 1898
(V of 1898), relating to the summary trials.
33. Compounding of offence.– (1) Subject to sub-section (2),
the Commission or any person specifically authorized in
this behalf by the Commission may, at any stage,
compound an offence under the Act subject to the deposit
of administrative penalty which shall not be less than
twenty five thousand rupees.
(2) The offence under the Act shall not be compoundable if
the accused had been previously convicted under the Act or
his previous offence had been compounded by the
Commission or the officer authorized by the Commission.
34. Confiscation.– A court trying an offence under the Act
may order the confiscation or recovery of any fund
wrongfully collected or misapplied by any person in
contravention of the Act.
35. Appeal.– (1) Any person aggrieved by an order or direction
of the Commission, may within thirty days of the order,
prefer an appeal to the Appellate Committee.
(2) The Government shall, by notification, constitute the
Appellate Committee consisting of the Chairperson and
such members as it may determine.
427
(3) The Committee shall perform its functions in the

prescribed manner and until so prescribed, the Committee
36. Application of other laws.–The provisions of the Act shall
be in addition to and not in derogation from any other law.
37. Rules.– (1) The Government may, by notification, make
rules to carry out the purposes of the Act.
(2) Without prejudice to the generality of the foregoing
powers, the rules may provide for,-
(a) the form and contents of declarations and the
verification of statements made in a Declaration;
(b) the period for which declarations shall remain in
force and the manner in which the period may be
extended or terminated;
(c) the form and manner in which receipts for donations
may be given and the maintenance of proper
vouchers for purposes of the accounts;
(d) the maintenance of proper books of account and the
auditing of the accounts;
(e) the periodical submission of statements of accounts;
(f) the supervision, inspection and examination of
accounts; and
(g) the payment of charges for forms of declarations and
certificates.
38. Regulations.– Subject to the Act and the rules, the
Commission may, by notification, frame regulations to give
effect to the provisions of the Act.
39. Indemnity.– No prosecution, suit or other legal
proceedings shall be instituted against any person in respect
of anything which is, in good faith, done or intended to be
done under this Act.
40. Revision.– Subject to Section 35, the Government may, at
any time, on its own motion or on the application of any
aggrieved person, revise any decision or direction of the
Commission and pass such order in accordance with the
Act as it may deem proper

428
THE SCHEDULE (Thematic Areas of Activities)
1. Child welfare
2. Youth welfare
3. Women’s welfare
4. Welfare, Training and Rehabilitation of the persons
with disabilities
5. Family planning/population welfare
6. Recreational programmes intended to keep people
away from anti-social activities
7. Civic education, aimed at developing sense of civic
responsibility
8. Welfare and rehabilitation of prisoners
9. Welfare of juvenile delinquents
10. Welfare of the beggars and destitute
11. Welfare and rehabilitation of patients
12. Welfare of the aged and infirm
13. Training and Capacity building of personnel
engaged in social services delivery
14. Environment protection and related issues
15. Drug abuse and Narcotics
16. Social Research
17. Human Rights
18. Religious education, Interfaith and Sectarian
harmony
19. Education
20. Health and reproductive health
21. Poverty alleviation
429
22. Cultural heritage and promoting culture of Pakistan

23. Vocational and professional training
24. De-radicalization and counter violent extremism
___xxx__
430
No. LD/Legis-Act/628-42/2020. The following Act of the Azad
Jammu and Kashmir, passed by the Azad Jammu and Kashmir
Legislative Assembly and assented by the President on the 24 th day
of December, 2020, is hereby published for general information.
[ACT XL OF 2020]
AN
ACT
further to amend the Azad Jammu and Kashmir Interim
Constitution, 1974
Whereas it is expedient further to amend the Azad Jammu
and Kashmir Interim Constitution, 1974 (VIII of 1974), for the
purpose hereinafter appearing;

called the Azad Jammu and Kashmir Interim Constitution
(Fourteenth Amendment) Act, 2020.

Azad Jammu and Kashmir Interim Constitution, 1974,
(VIII of 1974), hereinafter referred to as the Constitution, in
sub-Article (4) of Article 42, between the words “on the
advice of” and “the Council” occurring twice, the words
“the Chairman of”, shall be inserted.
Constitution, in sub-Article (2-A) of Article 43, between
the words “on the advice of” and “the Council”, the words
“the Chairman of”, shall be inserted.

Secretary Law
431


No.LD/Legis-Ord./1-12/2018. The following Ordinance made by the
President on the 18th day of February 2018, is hereby published for
general information.
(ORDINANCE I OF 2018)
An
Ordinance
further to amend the Azad Jammu and Kashmir Local Government |
Act, 1990
WHEREAS, it is expedient further to amend the Azad Jammu and
Kashmir Local Government Act, 1990 (Act VII of 1990), for the
AND WHEREAS, the Legislative Assembly is not in session and
the President is satisfied that circumstances exist which render it
necessary to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by sub-
section (1) of Section 41 of the Azad Jammu and Kashmir Interim
Constitution Act, 1974, the 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 Local Government
Kashmir.
2. Amendment of Section 2, Act VII of 1990.- In the Azad Jammu
and Kashmir Local Government Act, 1990 (Act VII of 1990),
hereinafter referred to as the said Act, in Section 2, clause (xviii)
“(xviii) “Chief Election Commissioner” means the Chief
Election Commissioner appointed under Section 50 of
the Azad Jammu and Kashmir Interim Constitution Act,
1974;”
3. Substitution of Section 3, Act VII of 1990.- In the said Act,
432
“3. Chief Election Commissioner.- (1) The Chief Election
Commissioner shall conduct elections of the Local
Councils under this Ordinance.
(2) Government shall, in consultation with the Chief
Election Commissioner, make an announcement of the
date or dates on which the election for the Local
Councils shall be conducted in the whole of Azad
Jammu and Kashmir or in a part thereof:
Provided that the date or dates of such election
shall not be less than sixty days and not more than
hundred and twenty days from the date of such
announcements.
(3) Upon announcement of the date or dates of
elections of the Local Councils under sub-section (2), the
Chief Election Commissioner shall make necessary
arrangements to ensure that the election shall be
conducted honestly, justly and fairly.
(4) It shall be the duty of all executive, subordinate
judicial authorities and all local authorities under the
administrative control of the Government to assist the
Chief Election Commissioner in the performance of his
functions.”
4. Addition of Sections 3-A, 3-B, 3-C,3-D & 3-E, Act VII of 1990.-
In the said Act, after Section 3, as substituted above, following new
Sections 3-A, 3-B, 3-C,3-D & 3-E, shall be added as under:-
“3-A. Election Commissioner Local Bodies.- The
Government may appoint an Election Commissioner
Local Bodies, who shall perform such functions as may
be assigned to him by the Chief Election Commissioner.
3-B. Appointment of District Returning Officer,
Returning Officer etc.- (1) The Chief Election
Commissioner shall appoint from amongst the officers of
the Election Commissioner or the Government, a body
or entity controlled by the Government, District
Returning Officers, Returning Officers and Assistant
Returning Officer for the purposes of election under this
Ordinance.
(2) An Assistant Returning Officer shall assist the
Returning Officer in the performance of his functions
under this Ordinance, and may, subject to such
conditions as may be imposed by the Chief Election
433
Commissioner, exercise the powers and perform the

functions of the Returning Officer, under the control of
the District Returning Officer.
(3) The District Returning Officer shall take all such
actions, as may be necessary for conducting a free, fair
and impartial election in accordance with the provisions
of this Ordinance and the rules.
3-C. Election Petition.- (1) Subject to this Ordinance, an
election to an office of a Local council shall not be called
in question except by an election petition.
(2) An election petition under this Ordinance shall be
filed before the Election Tribunal in the prescribed
manners.
3-D. Election Tribunal.- (1) The Chief Election
Commissioner shall, by notification, appoint an Election
Tribunal for such local area as may be specified in the
notification.
(2) Election Tribunal shall consist of such person or
persons as may be appointed by the Chief Election
Commissioner.
(3) The Chief Election Commissioner may, on the
application of a candidate, transfer an election petition
from one Tribunal to another Election Tribunal.
(4) Subject to the rules, the Chief Election
Commissioner may, by notification, issue instructions
for presentation, hearing and trial of an election petition.
(5) The Election Tribunal shall decide an election
petition within one hundred and twenty days from the
date of filing of the election petition.
3-E. Power and Functions of Election Tribunal.- The
Election Tribunal shall exercise such powers and
perform such functions as may prescribed.”
Section 4, in sub-section (2), between the words “the” and
“Election”, the word “Chief” shall be inserted.
6. Amendment of Section16, Act VII of 1990.- In the said Act, in
Section 16, in sub-section (2), between the words “the” and
434
Section 17, in the second proviso, between the words “the” and
Section 22, in sub-section (1), between the words “the” and “
Election”, the word “Chief” shall be inserted.
9. Amendment of Section 73, Act VII of 1990.- In the said Act,
in Section 73, between the words “the” and “Election”, the word
“Chief” shall be inserted.
Sd/-
President
Sd/-
435

Dated: 10th April, 2018
President on the 9th day of April 2018, is hereby published for general
information.
(ORDINANCE II OF 2018)
An
Ordinance
Act, 1990
NOW, THEREFORE, in exercise of the powers conferred by
sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim
1. Short title, Extent and Commencement.- (1) This Ordinance
may be called the Azad Jammu and Kashmir Local Government
Kashmir.
1990), in Section 44, sub-section (1) and (2) shall be substituted
as under:-
“(1) There shall be constituted a Board to be called the Azad
Jammu and Kashmir Local Government Board consisting of a
Chairman, Vice Chairman, and such number of members which
shall not be less than four and more than six, to be appointed by
the Government:
Provided that the Secretary Local Government and Rural
Development shall be the permanent member of the Board.
436
(2) The Prime Minister and the Minister In-charge for
the Local Government and Rural Development Department shall
be ex-officio Chairman and Vice Chairman of the Board,
respectively.”
Sd/-
President
Sd/-
437

No.LD/Legis-Ord/64-75/2018. The following Ordinance made by the
President on the 28th day of June 2018, is hereby published for general
information.
(ORDINANCE III OF 2018)
An
Ordinance
to provide for declaration and repatriation of assets and income held
outside Azad Jammu and Kashmir or Pakistan
WHEREAS, there is a large scale of non reporting and under
reporting of assets and income held outside Azad Jammu and Kashmir or
Pakistan by the State Subjects and it is expedient to provide for
declaration and repatriation of assets and income held outside Azad
Jammu and Kashmir or Pakistan for the purpose hereinafter appearing;
sub-Article (1) of Article 41 of the Azad Jammu and Kashmir Interim
Constitution, 1974, the President is pleased to make and promulgate the
following Ordinance:-
1. Short title and Commencement.- (1) This Ordinance may
be called the Foreign Assets (Declaration and Repatriation)
Ordinance, 2018.
have been taken effect on and from 10th day of April, 2018.
2. Definitions.- (1) In this Ordinance unless there is anything
(a) “Cost of Acquisition of the Mortgaged Asset”
means the sum of mortgaged payments and other
mortgaged cost of acquisition;
(b) “Declarant” means a person making a declaration
under Section 5;
(c) “Fair Market Value’’ means price of foreign asset
determined and declared by Declarant himself, but
438
in no case is less than the cost of acquisition of the
foreign assets;
(d) “Foreign Assets” means any movable or
immovable assets held outside Azad Jammu and
Kashmir or Pakistan and includes real estate,
mortgaged assets, stock and shares, bank accounts,
bullion, cash, jewels, paintings, accounts and loan
receivables, beneficial ownership of beneficial
interests or contribution in offshore entities and
trust;
(e) “Government” means the Azad Government of the
(f) “Government Security” means a bond, note or
other debt instrument issued by the Government of
Pakistan with a promise of repayment upon
maturity;
(g) “Liquid Assets’’ means cash or an asset that can be
readily converted into cash with a minimal impact
on the assets value and includes bank notes,
marketable securities, stocks, promissory notes,
bonds issued by the Government of Pakistan,
deposit certificate and other similar instrument: and
(h) “Holder of Public Office” means a person who is
or has been at any time since 1 st day of January
2000,-
(i) the President of Azad Jammu and Kashmir;
(ii) the Prime Minister, Member of Azad Jammu
and Kashmir Council, Member of
Legislative Assembly, Speaker, Deputy
Speaker, Minister, Advocate General and
other Law Officers appointed under Law.
Adviser or Special Assistant to the Prime
Minister and holds or has held a post or
office with the rank of status of a Minister,
Parliamentary Secretary, Member of
Legislative Assembly, Auditor-General of
439
(iii) the Chief Justice or, as the case may be, a

Judge of the Supreme Court, High Court,
Shariat Appellate Bench of High Court or a
Judicial Officer whether exercising judicial
or other functions or Chairman or member
of a Law Commission, Chairman or Member
of the Council of Islamic Ideology;
(iv) holding an office or post in the Service of
Azad Jammu and Kashmir or any service in
connection with the affairs of the local
council constituted under any law relating to
the constitution of local councils, co-
operative societies or in the management of
corporations, banks financial institutions,
firms, concerns, undertakings or any other
institution or organization established,
controlled or administered by or under the
Government or a civilian employee of the
Armed Forces of Pakistan;
(v) the Chairman, Vice Chairman of Zila
Council, a Municipal Committee, a
Municipal Corporation or constituted under
any law relating to local councils;
Explanation: For the purpose of this sub-clause
the expressions “Chairman” and “Vice
Chairman” shall include “Mayor” and “Deputy
Mayor” or “Administrator” / “Deputy
Administrator” as the case may be, and the
respective councilors therein; and
(i) “State Subject” means State Subject as defined in the
Azad Jammu and Kashmir Interim Constitution, 1974.
(2) All other words and expressions used but not defined in
this Ordinance shall, unless the subject or context requires
otherwise, have the same meaning assigned to them under the
Income Tax Ordinance, 2001 (XLIX of 2001), as adopted and
enforced in the Azad Jammu and Kashmir and the rules made
thereunder.
3. Ordinance to override other laws.- The provisions of this
Ordinance shall have effect notwithstanding anything to the
440
force.
4. Application.- (1) The provisions of this Ordinance shall
apply to,-
(a) all State Subjects wherever they may be, except
holders of public office, their spouses and
dependent children;
(b) all foreign assets held by the persons first mentioned
in clause (a) and tax paid on the value of such assets
under Section 8, except where proceedings are
pending in any court of law in respect of the Foreign
Assets.
(2) The provision of this Ordinance shall not apply to any
proceeds or assets that are involved in or derived from the
commission of a criminal offense.
5. Declaration and Repatriation of assets held outside
AJ&K or Pakistan.- (1) Subject to the provisions of this
Ordinance, any person may make to the Azad Jammu and
Kashmir Central Board of Revenue, by the due date
specified in Section 6, a declaration in respect of foreign
assets acquired before commencement of this Ordinance.
(2) The value of a Foreign Asset shall be fair market value
as defined in Section 2.
(3) The declaration of value and tax paid in respect of the
Foreign Assets shall be in the manner as set out in Form-A of the
Schedule annexed to this Ordinance.
(4) The description of the Foreign Assets declared under
sub-section (1) and (3) shall be in the manner as set out in Form-
B of the Schedule annexed to this Ordinance.
(5) A person declaring Foreign Assets under sub-section (1),
may by the due date as specified in Section 6, also repatriate the
said Foreign Assets in Azad Jammu and Kashmir.
(6) The declaration of Foreign Assets shall be made in the
manner as set out in Form-A of the Schedule annexed to this
Ordinance and shall be valid only if it is accompanied by the
evidence of payment of tax.
441
6. Period of Applicability.- The declaration and repatriation

under Section 5 shall be made on or after the 10th day of
April, 2018 but on or before the 30th day of June, 2018.
7. Charge of Tax.- The Foreign Assets declared and
repatriated into Azad Jammu and Kashmir within the due
date shall be chargeable to tax at the rates specified in the
Table below, namely:-
S.No. Foreign assets Rate (as a percentage
of the value of foreign
assets)
1. Liquid assets not repatriated 5%
2. Immovable assets outside 5%
AJ&K or Pakistan
3. Liquid assets repatriated and 2%
invested in Government
securities upto 5 years in US
dollars denominated bonds
with six-months profit
payment in equivalent Rupees
(rate of return 3%) and
payable on maturity in
equivalent Rupees
4. Liquid assets repatriated 2%
8. Payment of Tax.- (1) The due date for the payment of tax
chargeable under Section 7 shall be the date on which
declaration is made under Section 6.
(2) No tax shall be payable by the Declarant under any law
for the time being in force including the Income Tax Ordinance,
2001 (XLIX of 2001), where tax has been paid under sub-section
(1) in respect of the Foreign Assets declared under Section 5.
9. Currency and Rate of Conversion.- (1) The value of a
Foreign Asset under sub-section (2) of Section 5 shall be in
Rupees.
(2) The tax payable under Section 8 shall be paid in United
States Dollars as specified in Form-A of the Schedule annexed to
this Ordinance.
(3) The value in Rupees under sub-section (1) shall be converted
into United States Dollars at the State Bank of Pakistan’s rate
442
applying between the United States Dollar and the Rupee on the
date the declaration is made under Section 6 and tax is paid
under Section 8.
10. Mode and Manner.- The State Bank of Pakistan shall
notify the mode and manner of,-
(a) repatriation of liquid assets in Azad Jammu and
Kashmir;
(b) deposit of tax in US Dollars in State Bank of
Pakistan; and
(c) deposit of tax in Rupees in the income tax account
of the Azad Jammu and Kashmir Consolidated
Fund.
11. Incorporation in Books of Account.- (1) Where a
Declarant has paid tax under Section 8 in respect of Foreign
Assets declared under Section 5, the Declarant shall be
entitled to incorporate in his books of account such Foreign
Assets.
(2) For the purpose of the Income Tax Ordinance, 2001
(XLIX of 2001), the cost of acquisition of Foreign Assets and
date of acquisition shall be deemed to be the value declared by
the Declarant and the date on which declaration has been made
by the Declarant, respectively.
12. Investment in Government Securities.- Investment in
Government securities under Serial No. 3 of the Table of
Section 7 shall be made in accordance with a scheme to be
introduced by the Government of Pakistan through the State
Bank of Pakistan, by notification in the official Gazette,
specifying periodic rate of return, the period for the rate of
return and period of maturity.
13. Confidentiality.- (1) Notwithstanding the provisions of
sub-section (3) of Section 216 of the Income Tax
Ordinance, 2001 (XLIX of 2001) or any other law for the
time being in force, particulars of any person making a
declaration under this Ordinance or any information
received in any declaration made under this Ordinance shall
be confidential.
(2) A person who discloses any particulars in contravention
of sub-section (1) shall commit an offence punishable on
443
conviction with a fine of not less than five hundred thousand

Rupees but not exceeding one million Rupees or imprisonment
for a term not exceeding one year or with both.
14. Declaration not admissible in Evidence.-
declaration made under Section 5 shall be admissible in
proceedings relating to imposition of penalty or for the
purposes of prosecution under any law including Income
Tax Ordinance, 2001 (XLIX of 2001).
15. Removal of Difficulty.- If any difficulty arises in giving
effect to the provisions of this Ordinance, the Government
may make such order in writing, as is not inconsistent with
the provisions of this Ordinance, for removal of such
difficulty.
16. Misrepresentation.- Notwithstanding anything contained
in this Ordinance, where a declaration has been made by
misrepresentation or suppression of facts, such declaration
shall be void and shall be deemed never to have been made
under this Ordinance.
Sd/-
President
Sd/-
444
Schedule
Form-A
DECLARATION UNDER SECTION 5
FULL NAME:
CNIC
NTN if available
ADDRESS
TELEPHONE NUMBER:
Email:
FOREIGN ASSETS
S.N Nature of Assets Amount in Tax Tax in Pak
o Rupees Rupees
AJ&K and Pakistan
securities
Total tax in Rupees (1+2+3+4)
Total tax in US Dollars
Whether evidence of payment of tax attached Yes No
CNIC includes NICOP or any other identification number issued

by National Database and Registration Authority.
445
Form B
Description of Assets
(See section 5(4)
A. Liquid assets not repatriated
1. Foreign currency
Bank name and bank A/c 1
Bank account Bank name and bank A/c 2
details
2. Other liquid assets (securities, stocks, promissory notes
Government bonds, deposit certificates and other similar
instruments etc.)
1.
2.
3.
4.
5.
B. Immovable property (Jurisdiction address and size)
1.
2.
3.
4.
5.
VERIFICATION
I, the undersigned, solemnly declare that to the best of my
knowledge and belief—
(a) The information given in this declaration is correct
and complete; and
(b) The value of foreign assets has truly been declared.
I, further declare that I am competent to make this declaration
and verify it in my own name.
Dated_____________ Signature ________________
__________________ Name___________________
446
President on the 28th day of June 2018, is hereby published for general
information.
(ORDINANCE IV OF 2018)
An
Ordinance
to provide for voluntary declaration of domestic assets in Azad Jammu
and Kashmir or Pakistan
WHEREAS, there is a large scale of non-reporting and under
NOW THEREFORE, in exercise of the powers conferred by sub-
Article (1) of Article 41 of the Azad Jammu and Kashmir Interim
be called the Azad Jammu and Kashmir Voluntary
Declaration of Domestic Assets Ordinance, 2018.
(a) “Declarant” means a person making a declaration
under Section 5;
(b) “Domestic Assets” means assets of every kind
other than foreign assets as defined under Foreign
Assets (Declaration and Repatriation) Ordinance,
2018;
447
(c) “Government” means the Azad Government of the

(d) “Holder of Public Office” means a person who is
or has been at any time since 1st day of January
2000,-
448
(e) “State Subject” means the State Subject as defined in the
this Ordinance shall, unless the text or context otherwise
required, have the same meaning assigned to them under the
Income Tax Ordinance, 2001 (XLIX of 2001) as adopted and
enforced in Azad Jammu and Kashmir and the rules made
thereunder.
force.
apply to,-
(a) every company, association of persons and all State
Subjects wherever they may be, except holders of
public office, their spouses and dependent children;
and
(b) undisclosed income and domestic assets held by the
persons first mentioned in clause (a) in Azad Jammu
and Kashmir or Pakistan, except where proceedings
are pending in any court of law in respect of the
domestic assets.
5. Declaration of Domestic Assets.- (1) Subject to the
provisions of this Ordinance, any person may make to the
Azad Jammu and Kashmir Central Board of Revenue, by
the due date specified in Section 6, a declaration in respect
of undisclosed income and Domestic Assets declared in
449
sub-section (1) shall be in the manner as set out in Form-A

of the Schedule to this Ordinance;
(2) The value of a Domestic Asset shall be as specified in
Section 10.
(3) The description, value and tax paid in respect of the
undisclosed income and Domestic Assets declared in sub-section
(1) shall be in the manner as set out in Form-A of the Schedule
of this Ordinance.
(4) The declaration of undisclosed income and Domestic
Assets shall be made in the manner as set out in Form-A of the
Schedule to this Ordinance, and shall be valid only if it is
accompanied by the evidence of payment of tax.
April, 2018 but on or before the 30th day of June, 2018.
7. Charge of Tax.- The Domestic Assets declared within the
due date shall be chargeable to tax at the rates specified in
the Table below on the value of assets as determined under
Section 10, namely:-
S.No. Assets Rate (as a percentage
of the value of assets)
1. Foreign currency held in a 2%
foreign currency account in
AJ&K or Pakistan as on the
31st March, 2018 and
encashed in equivalent
Rupees.
2. Foreign currency held in a 2%
foreign currency account in
AJ&K or Pakistan as on the
31st March, 2018 which is
securities up to 5 years in US
dollars denominated bonds
with six-monthly profit
payment in equivalent Rupees
(rate of return 3%) and
payable on maturity in
equivalent Rupees.
3. Other assets 5%
450
(2) No tax shall be payable by the Declarant under any law for
the time being in force including the Income Tax Ordinance,
2001 (XLIX of 2001) where tax has been paid under sub-section
(1) in respect of the assets declared under Section 5.
undisclosed income and domestic assets declared under
Section 5, the Declarant shall be entitled to incorporate in
his books of account such Domestic Assets.
(XLIX of 2001), the cost of acquisition of Domestic Assets and
date of acquisition shall be deemed to be the value under sub-
section (2) of Section 5 and the date on which declaration has
been made by the declared respectively.
10. Valuation.- For the purpose of this Ordinance, the
valuation of assets declared shall be made in the following
manner, namely:-
S.No. Undisclosed income and Value for the purpose of
assets section 5(2)
1. Undisclosed income As declared
2. Open Plots and Land Cost of acquisition or AJ&K
Central Board of Revenue Rates,
whichever is higher
3. Super structure Rs. 400 per square feet
4. Apartments and flats Cost of acquisition or

Provincial/State stamp duty
rates, whichever is higher.
5. Imported motor vehicles A-B
A= CIF value plus the amount
of all charges, customs-duty,
sales tax, levies, octroi, fees
and other duties and taxes
leviable thereon and the costs
incurred till their registration.
B= a sum equal to 10% of the
said value for each successive
year upto a maximum
451
6. Motor vehicles A-B

purchased from a A= The price paid by the
Manufacturer or purchaser, including the amount
assembler of all charges, customs duty,
sales tax and other taxes, levies,
octroi, fees and all other duties
and taxes leviable thereon and
the costs incurred till their
registration.
B= a sum equal to 10% of the
said value for each successive
year upto a maximum of five
7. Used motor vehicles Value determined in the manner
purchased locally. specified in S.N. 5 or 6, as the
case may be, as reduced by an
amount equal to 10% for every
year following the year in which
it was imported or purchased
from a manufacturer.
8. Securities and shares Day-end price of the share or
traded on security quoted on registered stock
exchange as on the 9th April, 2018
and where no day- end price of
such share or security is quoted
on stock exchange on the 9th
April, 2018 day-end price of the
share or security quoted on a
date nearest to the 9th April, 2018.
9. Securities and shares not Break-up value or face value,
traded on stock exchange. whichever is higher. Breakup
value shall be the sum of paid- up
capital, reserves and balance as per
profit and loss account as reduced
by the value of preference shares
and divided by the amount of the
paid up ordinary share capital.
10. National saving schemes, Face value
postal certificates, bonds,
securities and other similar
investments in capital
instruments not traded or
quoted on stock exchange
452
11. Gold. Rupees 4000 per gram.
12. Other precious stones and Market rate as on the 9th April,
metals 2018 or cost of acquisition,
whichever is higher
13. Stock-in-trade Market rate as on the 9th April,
2018
14. Plant and machinery Actual cost of acquisition with
no depreciation
15. Accounts receivable Actual cost of acquisition
16. Other assets Actual cost of acquisition

17. Prize bonds, cash and bank Face value
accounts including foreign
currency accounts

be confidential.
13. Removal of difficulty.- If any difficulty arises in giving
453

difficulty.
Sd/-
President
Sd/-
454
Schedule
Form-A
FULL NAME:
CNIC
NTN if
available
ADDRESS
TELEPHONE NUMBER:
Email:
FOREIGN ASSETS
S.No Nature of Assets Amount in Rupees Tax
1. Liquid assets not 5%
repatriated
2. Immovable assets 3%
outside AJ&K and
Pakistan
and invested in
Government securities
Whether evidence of payment of tax attached Yes

455
Form B
(See section 5(4)
C. Liquid assets not repatriated
1. Foreign currency
details Bank name and bank A/c 3
instruments etc.)
6.
7.
8.
9.
10.
D. Immovable property (Jurisdiction address and size)
6.
7.
8.
9.
10.
VERIFICATION
(c) The information given in this declaration is correct
and complete; and
(d) The value of foreign assets has truly been declared.
Dated_____________ Signature ________________
__________________ Name___________________
456
President on the 10th day of July 2018, is hereby published for general
information.
(ORDINANCE V OF 2018)
An
Ordinance
to provide for declaration and repatriation of assets and income held
outside Azad Jammu and Kashmir or Pakistan
WHEREAS, there is a large scale of non reporting and under
be called the Foreign Assets (Declaration and Repatriation)
Ordinance, 2018.
(a) “Cost of Acquisition of the Mortgaged Asset”
means the sum of mortgaged payments and other
mortgaged cost of acquisition;
(b) “Declarant” means a person making a declaration
under Section 5;
(c) “Fair Market Value’’ means price of foreign asset
determined and declared by Declarant himself, but
457
in no case is less than the cost of acquisition of the

foreign assets;
(d) “Foreign Assets” means any movable or
immovable assets held outside Azad Jammu and
Kashmir or Pakistan and includes real estate,
mortgaged assets, stock and shares, bank accounts,
bullion, cash, jewels, paintings, accounts and loan
receivables, beneficial ownership of beneficial
interests or contribution in offshore entities and
trust;
(e) “Government” means the Azad Government of the
(f) “Government Security” means a bond, note or
other debt instrument issued by the Government of
Pakistan with a promise of repayment upon
maturity;
(g) “Liquid Assets’’ means cash or an asset that can be
readily converted into cash with a minimal impact
on the assets value and includes bank notes,
marketable securities, stocks, promissory notes,
bonds issued by the Government of Pakistan,
deposit certificate and other similar instrument: and
(h) “Holder of Public Office” means a person who is
2000,-
458
Explanation: For the purpose of this sub-clause the
expressions “Chairman” and “Vice Chairman” shall
include “Mayor” and “Deputy Mayor” or
“Administrator” / “Deputy Administrator” as the case
may be, and the respective councilors therein; and
(i) “State Subject” means State Subject as defined in the
this Ordinance shall, unless the subject or context requires
otherwise, have the same meaning assigned to them under the
Income Tax Ordinance, 2001 (XLIX of 2001), as adopted and
enforced in the Azad Jammu and Kashmir and the rules made
thereunder.
459

force.
apply to,-
(a) all State Subjects wherever they may be, except
holders of public office, their spouses and
dependent children;
(b) all foreign assets held by the persons first mentioned
in clause (a) and tax paid on the value of such assets
under Section 8, except where proceedings are
pending in any court of law in respect of the Foreign
Assets.
5. Declaration and Repatriation of assets held outside
AJ&K or Pakistan.- (1) Subject to the provisions of this
Ordinance, any person may make to the Azad Jammu and
Kashmir Central Board of Revenue, by the due date
specified in Section 6, a declaration in respect of foreign
assets acquired before commencement of this Ordinance.
(2) The value of a Foreign Asset shall be fair market value
as defined in Section 2.
(3) The declaration of value and tax paid in respect of the
Foreign Assets shall be in the manner as set out in Form-A of the
Schedule annexed to this Ordinance.
(4) The description of the Foreign Assets declared under
sub-section (1) and (3) shall be in the manner as set out in Form-
B of the Schedule annexed to this Ordinance.
(5) A person declaring Foreign Assets under sub-section (1),
may by the due date as specified in Section 6, also repatriate the
said Foreign Assets in Azad Jammu and Kashmir.
(6) The declaration of Foreign Assets shall be made in the
manner as set out in Form-A of the Schedule annexed to this
Ordinance and shall be valid only if it is accompanied by the
evidence of payment of tax.
460
April, 2018 but on or before the 31st day of July, 2018.
7. Charge of Tax.- The Foreign Assets declared and
repatriated into Azad Jammu and Kashmir within the due
date shall be chargeable to tax at the rates specified in the
Table below, namely:-
S.No. Foreign assets Rate (as a percentage of
the value of foreign
assets)
1. Liquid and other moveable 5%
assets not repatriated
2. Immovable assets outside AJ&K 5%
or Pakistan
securities upto 5 years in US
dollars denominated bonds with
six-months profit payment in
equivalent Rupees (rate of return
3%) and payable on maturity in
equivalent Rupees
declaration is made under Section 6:
Explanation: For the removal of doubt, it is clarified that where
a Declarant remits payment of tax or repatriation of cash to State
Bank of Pakistan by 31st day of July, 2018 and the payments are
realized in State Bank of Pakistan after 31st day of July, 2018,
such payment and declarations shall be treated as valid
declarations under Section 6 and filed by 31st day of July, 2018.
If the Declarant has filed draft declaration, created payment slips
ID and provides evidence to State Bank of Pakistan that the
payment was remitted on or before 31st day of July, 2018.
2001 (XLIX of 2001), where tax has been paid under sub-section
(1) in respect of the Foreign Assets declared under Section 5.
461
9. Currency and Rate of Conversion. -(1) The value of a

Foreign Asset under sub-section (2) of Section 5 shall be in
Rupees:
Explanation: For the removal of doubt, it is clarified that the
value of assets in rupees shall be computed by applying the State
Bank of Pakistan rate between the foreign currency of the
jurisdiction in which the assets is located and the rupee
prevailing as on the date of filing of declaration.
(2) The tax payable under Section 8 shall be paid in United
States Dollars as specified in Form-A of the Schedule annexed to
this Ordinance.
(3) The value in Rupees under sub-section (1) shall be
converted into United States Dollars at the State Bank of
Pakistan’s rate applying between the United States Dollar and the
Rupee on the date the declaration is made under Section 6 and
tax is paid under Section 8.
10. Mode and Manner.- The State Bank of Pakistan shall
notify the mode and manner of,-
(a) repatriation of liquid assets in Azad Jammu and
Kashmir;
(b) deposit of tax in US Dollars in State Bank of
Pakistan; and
(c) deposit of tax in Rupees in the income tax account
of the Azad Jammu and Kashmir Consolidated
Fund.
Declarant has paid tax under Section 8 in respect of Foreign
Assets declared under Section 5, the Declarant shall be
entitled to incorporate in his books of account for tax year
2018, such Foreign Assets.
(XLIX of 2001), the cost of acquisition of Foreign Assets and
date of acquisition shall be deemed to be the value declared by
the Declarant and the date on which declaration has been made
by the Declarant, respectively.
12. Investment in Government Securities.- Investment in
Government securities under Serial No. 3 of the Table of
Section 7 shall be made in accordance with a scheme to be
462
introduced by the Government of Pakistan through the State
Bank of Pakistan, by notification in the official Gazette,
specifying periodic rate of return, the period for the rate of
return and period of maturity.
be confidential.
15. Removal of Difficulty.-If any difficulty arises in giving
difficulty.
17. Revision.- Any person who, having filed a declaration
(hereinafter referred to as the “original declaration”),
discovers any omission, mistake, computational error or
wrong statement therein, may be revised declaration within
the due date as specified in Section 6 subject to the
463
condition that the value of any asset and tax thereon shall
not be less than the value of asset and tax thereon declared
in the original declaration:
18. Repeal.- The Foreign Assets (Declaration and Repatriation)
Ordinance, 2018 (Ordinance III of 2018) is hereby repealed.
Sd/-
President
Sd/-
464
Schedule
Form-A
FULL NAME:
CNIC
NTN if
available
ADDRESS
TELEPHONE NUMBER:
Email:
FOREIGN ASSETS
S.No Nature of Assets Amount Tax Tax in
in Pak
Rupees Rupees
AJ&K and Pakistan
securities
Whether evidence of payment of tax attached Yes No

465
Form B
(See section 5(4)
E. Liquid assets not repatriated
3. Foreign currency
details
instruments etc.)
1.
2.
3.
4.
5.
F. Immovable property (Jurisdiction address and size)
1.
2.
3.
4.
5.
VERIFICATION
(e) The information given in this declaration is correct
and complete; and
(f) The value of foreign assets has truly been declared.
Dated_____________ Signature ________________
__________________ Name___________________
466
information.
(ORDINANCE VI OF 2018)
An
Ordinance
to provide for voluntary declaration of domestic assets in Azad Jammu
and Kashmir or Pakistan
WHEREAS, there is a large scale of non-reporting and under
be called the Azad Jammu and Kashmir Voluntary
Declaration of Domestic Assets Ordinance, 2018.
(a) “Declarant” means a person making a declaration
under Section 5;
(b) “Domestic Assets” means assets of every kind
other than foreign assets as defined under Foreign
Assets (Declaration and Repatriation) Ordinance,
2018;
467
(c) “Government” means the Azad Government of the

(d) “Holder of Public Office” means a person who is
2000,-
468
(e) “State Subject” means the State Subject as defined in the
this Ordinance shall, unless the text or context otherwise
required, have the same meaning assigned to them under the
Income Tax Ordinance, 2001 (XLIX of 2001) as adopted and
enforced in Azad Jammu and Kashmir and the rules made
thereunder.
force.
apply to,-
(a) every company, association of persons and all State
Subjects wherever they may be, except holders of
public office, their spouses and dependent children;
and
(b) undisclosed income and domestic assets held by the
persons first mentioned in clause (a) in Azad Jammu
and Kashmir or Pakistan, except where proceedings
are pending in any court of law in respect of the
domestic assets:
Explanation: For the removal of doubt, it is clarified
that undisclosed income does not include income which
was not required to be disclosed by twenty ninth day of
June, 2018.
5. Declaration of Domestic Assets.- (1) Subject to the
provisions of this Ordinance, any person may make to the
469
Azad Jammu and Kashmir Central Board of Revenue, by

the due date specified in Section 6, a declaration in respect
of undisclosed income and Domestic Assets declared in
sub-section (1) shall be in the manner as set out in Form-A
of the Schedule to this Ordinance;
(2) The value of a Domestic Asset shall be as specified in
Section 10.
(3) The description, value and tax paid in respect of the
undisclosed income and Domestic Assets declared in sub-section
(1) shall be in the manner as set out in Form-A of the Schedule
of this Ordinance.
(4) The declaration of undisclosed income and Domestic
Assets shall be made in the manner as set out in Form-A of the
Schedule to this Ordinance, and shall be valid only if it is
accompanied by the evidence of payment of tax.
April, 2018 but on or before the 31st day of July, 2018.
7. Charge of Tax.- The Domestic Assets declared within the
due date shall be chargeable to tax at the rates specified in
the Table below on the value of assets as determined under
Section 10, namely:-
S.No. Assets Rate (as a
percentage of the
value of assets)
1. Foreign currency held in a foreign 2%
currency account in AJ&K or Pakistan as
on the 31st March, 2018 and encashed in
equivalent Rupees.
2. Foreign currency held in a foreign 2%

currency account in AJ&K or Pakistan as
on the 31st March, 2018 which is invested
in Government securities up to 5 years in
US dollars denominated bonds with six-
monthly profit payment in equivalent
Rupees (rate of return 3%) and payable on
maturity in equivalent Rupees.
3. Other assets 5%
470
2001 (XLIX of 2001) where tax has been paid under sub-section
(1) in respect of the assets declared under Section 5:
Explanation: For the removal of doubt, it is clarified that where
proceedings under Income Tax Ordinance, 2001 (XLIX of 2001),
in respect of undisclosed income or assets have attained finality,
no declaration shall be filed under Section 5 in respect of such
income or asset and the tax payable under the said Ordinance
shall continue to be payable.
undisclosed income and domestic assets declared under
Section 5, the Declarant shall be entitled to incorporate in
his books of account for tax year 2018, such Domestic
Assets.
(XLIX of 2001), the cost of acquisition of Domestic Assets and
date of acquisition shall be deemed to be the value under sub-
section (2) of Section 5 and the date on which declaration has
been made by the declared respectively.
10. Valuation.- For the purpose of this Ordinance, the
valuation of assets declared shall be made in the following
manner, namely:-
S.No. Undisclosed income and Value for the purpose of
assets section 5(2)
1. Undisclosed income As declared
2. Open Plots and Land Cost of acquisition or AJ&K
Central Board of Revenue
Rates, whichever is higher
3. Super structure Rs. 400 per square feet
4. Apartments, shops, units in Cost of acquisition or

multi storey buildings in plaza Provincial / State stamp duty
and flats rates, whichever is higher.
471
5. Imported motor vehicles A-B

A= CIF value plus the
amount of all charges,
customs-duty, sales tax,
levies, octroi, fees and
other duties and taxes
leviable thereon and the
costs incurred till their
registration.
B= a sum equal to 10% of
the said value for each
successive year upto a
maximum
6. Motor vehicles purchased A-B
from a Manufacturer or A= The price paid by the
assembler purchaser, including the
amount of all charges,
customs duty, sales tax and
other taxes, levies, octroi,
fees and all other duties and
taxes leviable thereon and
the costs incurred till their
registration.
B= a sum equal to 10% of
the said value for each
successive year upto a
maximum of five
7. Used motor vehicles Value determined in the
purchased locally. manner specified in S.N. 5 or
6, as the case may be, as
reduced by an amount equal
to 10% for every year
following the year in which it
was imported or purchased
from a manufacturer.
8. Securities and shares traded Day-end price of the share or
on security quoted on registered
stock exchange as on the 9th
April, 2018 and where no day-
end price of such share or
security is quoted on stock
exchange on the 9th April, 2018
472
day-end price of the share or
security quoted on a date
nearest to the 9th April, 2018.
9. Securities and shares not Break-up value or face value,
traded on stock exchange. whichever is higher. Breakup
value shall be the sum of paid-
up capital, reserves and balance
as per profit and loss account as
reduced by the value of
preference shares and divided
by the amount of the paid up
ordinary share capital.
10. National saving schemes, postal Face value
certificates, bonds, securities and
other similar investments in
capital instruments not traded or
quoted on stock exchange
11. Gold. Rupees 4000 per gram.
12. Other precious stones and Market rate as on the 9th

metals April, 2018 or cost of
acquisition, whichever is
higher
13. Stock-in-trade Market rate as on the 9th
April, 2018
14. Plant and machinery Actual cost of acquisition
with no depreciation
15. Accounts receivable Actual cost of acquisition
16. Other assets Actual cost of acquisition

17. Prize bonds, cash and bank Face value
accounts including foreign
currency accounts
11. Confidentiality.- (1) Notwithstanding the provisions of sub-

section (3) of Section 216 of the Income Tax Ordinance, 2001
(XLIX of 2001) or any other law for the time being in force,
particulars of any person making a declaration under this
Ordinance or any information received in any declaration made
under this Ordinance shall be confidential.
473
(2) A person who discloses any particulars in contravention of

sub-section (1) shall commit an offence punishable on conviction
with a fine of not less than five hundred thousand Rupees but not
exceeding one million Rupees or imprisonment for a term not
exceeding one year or with both.
12. Declaration not admissible in Evidence.- Notwithstanding
anything contained in any other law for the time being in force,
nothing contained in any declaration made under Section 5 shall
be admissible in evidence against the Declarant for the purpose
of any proceedings relating to imposition of penalty or for the
purposes of prosecution under any law including Income Tax
Ordinance, 2001 (XLIX of 2001).
13. Removal of difficulty.- If any difficulty arises in giving effect to
the provisions of this Ordinance, the Government may make
such order in writing, as is not inconsistent with the provisions of
this Ordinance, for removal of such difficulty.
14. Misrepresentation.- Notwithstanding anything contained in this
Ordinance, where a declaration has been made by
misrepresentation or suppression of facts, such declaration shall
be void and shall be deemed never to have been made under this
Ordinance.
15. Revision.- Any person who, having filed a declaration
(hereinafter referred to as the “original declaration”), discovers
any omission, mistake, computational error or wrong statement
therein, may file revised declaration within the due date as
specified in Section 6 subject to the condition that the value of
any asset and tax thereon shall not be less than the value of asset
and tax thereon declared in the original declaration:
Provided that where undisclosed income was declared
which was not required to be declared under Section 4 by virtue
of explanation in that Section the said condition shall not apply”.
16. Repeal.- The Azad Jammu and Kashmir Voluntary Declaration
of Domestic Assets Ordinance, 2018 (Ordinance IV of 2018) is
hereby repealed.
Sd-
President
Sd/-
474
SCHEDULE
FORM A
Full Name:
CNIC
NTN
(if available)
ADDRESS
TELEPHONE NUMBER:
Email:
UNDISCLOSED INCOME AND DOMESTIC ASSETS
S.No. Undisclosed Income and Assets Value as per
section 10.
1. Undisclosed Income
2. Open plots and land
3. Super structure.
4. Apartments and flats
5. Imported Motor Vehicles.
6. Motor Vehicles purchased from a
Manufacturer or assembler or dealer in
Pakistan.
7. Used motor vehicles purchased locally.
8. Securities and shares traded on stock
exchange.
9. Securities and shares not traded on stock
exchange.
10. National saving schemes, postal certificates,
bonds, securities and other similar
investments in capital instruments not traded
or quoted on stock exchange.
475
11. Gold.
12. Other precious stones and metals.
13. Stock in trade.
14. Plant and machinery
15. Accounts receivable.
16. Other assets.
17. Cash, prize bounds and bank accounts.
18. Government securities (other than those at S.
No. 1 in the table under section 7)
Total value in Rupees
Tax @ 5% (A)
19. Government securities or rupees amount
from encashment of foreign currency
accounts (S. No. 1 in the Table under
Section 7)
Tax @ 2% (B)
Total Tax (A+B)
Whether evidence of payment of tax attached. Yes No
VERIFICATION
I, the undersigned, solemnly declare that to the best of
my knowledge and belief.-
(a) The information given in this declaration is correct and
complete;
(b) The value of domestic assets have truly been declared.
I, further declare that I am competent to make this
declaration and verify it in my own name.
Dated ______________
Signature ___________
Name______________
476
Dated: 23rd July, 2018
information.
(ORDINANCE VII OF 2018)
An
Ordinance
to amend the Azad Jammu and Kashmir Anti Terrorism Act, 2014
Kashmir Anti Terrorism Act, 2014 (Act XL of 2014), in the manner
sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim
may be called the Azad Jammu and Kashmir Anti Terrorism
Kashmir.
2. Substitution of Section 12, Act XL of 2014.- In the Azad
Jammu and Kashmir Anti Terrorism Act, 2014 (Act XL of
2014), hereinafter referred to as the said Act, for Section 12, the
“12. Proscription of Organizations.- (1) The Government
may, by order published in the official Gazette, list an
organization as a proscribed organization in the First
Schedule on an ex-parte basis, if there are reasonable
grounds to believe that it is—
477

(c) owned or controlled, directly or indirectly,
by any individual or organization proscribed
under this Ordinance; or
(d) acting on behalf of, or at the direction of,
any individual or organization proscribed
information received from any credible source, whether
domestic or foreign including Governmental and
regulatory authorities, law enforcement agencies,
companies, and international institutions.
(2) The grounds shall be communicated to the
proscribed organization within three days of the passing
of the order of proscription.”
3. Amendment of Section 16, Act XL of 2014.- In the said Act, in
Section 16,-
(i) for the title “Security for good behavior”, the title
“Proscription of person” shall be substituted;
(ii) for sub-section (1), the following shall be substituted,
namely:-
“(1) The Government may, by order published in the
official Gazette, list a person as a proscribed person in
the fourth Schedule on an ex-parte basis, if there are
reasonable grounds to believe that such person is--
(c) an activist, office bearer or an associate of
an organization kept under observation
under Section 14 or proscribed under
Section 12; or
(d) in any way concerned or suspected to be
concerned with such organization or
478
affiliated with any group or organization
suspected to be involved in terrorism or
sectarianism or acting on behalf of, or at the
direction of, any person or organization
proscribed under this Ordinance.
information received from any credible source, whether
domestic or foreign including Governmental and
regulatory authorities, law enforcement agencies,
companies, and international institutions.”
(iii) after sub-section (1), as substituted above, the following
new sub-section (1A), shall be added, namely:-
“(1A) The grounds shall be communicated to the
proscribed person within three days of the passing of the
order of proscription.”
(iv) for sub-section (3), the following shall be substituted,
namely:-
“(3) Where any person is aggrieved by the order of
the Government made under sub-section (1), he may,
within thirty days of such order, file a review
application, in writing, before the Government stating
the grounds on which it is made and the Government
shall, after hearing the applicant, decide the matter on
reasonable ground within ninety days.”
(v) after sub-section (3), as substituted above, the following
new sub-section (3A) shall be added, namely:-
“(3A) A person whose review application has been
refused under sub-section (3) may file an appeal to the
High Court within thirty days of the refusal of the review
application.”
Sd/-
President
Sd/-
479

Dated: 18th September, 2018
President on the 10th day of September 2018, is hereby published for
(ORDINANCE VIII OF 2018)
An
Ordinance
to adapt further amendments in the Income Tax Ordinance, 2001
WHEREAS it is expedient to adapt further amendments in
Income Tax Ordinance, 2001 (XLIX of 2001), as in force in Pakistan and
adapted in Azad Jammu and Kashmir and to provide for matters
connected therewith or ancillary thereto;
Constitution,1974, the President is pleased to make and promulgate the
may be called the Azad Jammu and Kashmir Income Tax
(Adaptation and Validation) Ordinance, 2018.
Kashmir.
2. Adaptation of amendment of the Income Tax Ordinance,
2001 (XLIX of 2001).- (1) The amendments made in the
Income Tax Ordinance, 2001 (XLIX of 2001), and all rules
made, notifications, orders, circulars, statutory regulatory orders
(S.R.Os) issued thereunder, as in force in Pakistan on or after 1st
July, 2017 and before the commencement of this Act, shall be
deemed to have been so made and issued at the same time in
Azad Jammu and Kashmir by virtue of the Azad Jammu and
Kashmir Income Tax (Adaptation, Enforcement and Validation)
Act, 2002 (Act IV of 2002).
480
(2) Anything done, tax levied, charged or collected,
proceedings initiated, notices issued, actions taken, orders passed
or made, penalty imposed, power excised or conferred on any
authority on or after the 1st July 2017, in accordance with the
amendments made in the Income Tax Ordinance, 2001 (XLIX of
2001), as in force in Pakistan, shall be deemed always to have
been validly done, levied, charged or collected, initiated, issued,
taken, passed or made, imposed, or exercised or conferred and so
much of such tax as has not been levied, charged, paid or
collected before the commencement of this Act shall be leviable,
chargeable and recoverable in accordance with the said
amendments.
Sd/-
President
Sd/-
481

Dated: 13th December, 2018
President on the 10th day of December 2018, is hereby published for
(ORDINANCE IX OF 2018)
An
Ordinance
further to amend the Azad Jammu and Kashmir President’s Pension
Act, 1995
and Kashmir President’s Pension Act, 1995 (Act I of 1995), for the
AND WHEREAS, the Legislative Assembly of Azad Jammu and
Kashmir is not in session and the President is satisfied that circumstances
exist which render it necessary to take immediate action;
1. Short title and Commencement.- (1) This Ordinance may be
called the Azad Jammu and Kashmir President’s Pension
2. Amendment of Section 2, Act I of 1995.- In the Azad Jammu
and Kashmir President’s Pension Act, 1995 (Act I of 1995), in
Section 2,-
(a) in clause (iii) of sub-section (1), for the word and figures
“Rs. 20,000/- and Rs. 30,000/-”, the word and figures
“Rs. 40,000/- and Rs. 75,000/-” shall respectively be
substituted.
(b) after sub-section (1) following proviso shall be added:-
“Provided that the excessive pension already
drawn by the former Presidents shall be deemed to have
been regularized to their extent and in future they shall
draw pension in accordance with the revised rate under
this Ordinance.”
482
(c) in sub-section (2), for the words “two hundred and fifty”,
the words “one thousand” shall be substituted.
Sd/-
President
Sd/-
483

President on the 24th day of January 2019, is hereby published for
(ORDINANCE I OF 2019)
An
Ordinance
to provide law to create an enabling environment for promotion of
Tourism Sector
WHEREAS it is expedient to expand the provision of
infrastructure and hospitality services in tourism sector by improving
their reliability and quality for accelerating economic growth and
achieving the social objectives of the Government, to mobilize the
private sector resources for financing, construction, maintenance and
operation of tourism projects, to improve efficiency of management,
operation and maintenance of tourism facilities by introduction of
modern technologies and management techniques, to incorporate
principles of fairness, competition and transparence in tourism
infrastructure and hospitality services projects and to provide for
ancillary matters thereto;
CHAPTER-I
PRELIMINARY
2. Short title, extent and commencement.- (1) This Ordinance
may be called the Azad Jammu and Kashmir Tourism Promotion
Ordinance, 2019.
Kashmir.
484
2. Applicability.- The provisions of this Ordinance shall apply to
all the projects related to tourism infrastructure, hospitality
services, adventure and recreational activities in Azad Jammu
and Kashmir.
3. Definitions.- In this Ordinance, unless there is anything
repugnant to the subject or context,-
(a) “Bid” means a technical and financial proposal
submitted by a person eligible under this Ordinance to
undertake a tourism project;
(b) “Construction” includes reconstruction, rehabilitation,
renovation, improvement, expansion, addition, alteration
and related activities against a tourism related project
implemented/executed by the Private Investor after an
investment agreement;
(c) “Government” means the Azad Government of the State
(d) “Government Agency” means Azad Jammu and Kashmir
Tourism and Archaeology Department;
(e) “Investment” includes financing, development and pre-
operative capital expenditure made or incurred on
services, facilities, land, construction and equipment for
tourism projects as may be prescribed;
(f) “Investment Agreement” means an agreement or
contract made between the Government Agency and a
Private Investor for the provision of an infrastructure
facility or service through a project under this
Ordinance;
(g) “Lease” means any land or building transferred to a
Private Investor by the Government Agency on lease for
tourism investment projects;
(h) “Lender” means a financial institution, bank or an
establishment providing financial support with or
without security;
(i) “Prescribed” means prescribed by the Rules made under
this Ordinance;
(j) “Private Investor” means an entity, person, company or
consortium registered in AJ&K as such, who enters into
an Agreement with the Government Agency;
485
(k) “Project” means a tourism project implemented under

this Ordinance;
(l) “PPU” means the Project Planning Unit established by
the State Tourism Executive Committee;
(m) “Risk” means any act or event which may adversely
affect the performance and cost of a project;
(n) “STEC” means State Tourism Executive Committee
constituted under this Ordinance;
(o) “Schedule” means the Schedule appendix to this
Ordinance;
(p) “Tourist Infrastructure” means any facility provided by
the Government Agency or a private investor or both for
tourism promotion; and
(q) “User Levy” means a levy, tariff, toll, fee, or a charge
which may be collected under an Investment Agreement.
CHAPTER-II
INSTITUTIONAL ARRANGEMENTS
4. State Tourism Executive Committee (STEC).- (1) There shall
be a State Tourism Executive Committee consisting of the
following,-
(i) Minister for Tourism & Chairperson
Archaeology
(ii) Chief Secretary of AJ&K Vice Chairman
(iii) Additional Chief Secretary (Dev.) Member
(iv) Additional Chief Secretary (Gen.) Member
(v) Senior Member Board of Revenue Member
(vii) Secretary Forest Member
(viii) Secretary Tourism & Archaeology Member/Secretary
(ix) Representative of AJK Bank/ Any Ex-Officio member
Schedule Bank nominated by
Government
(2) The STEC shall perform following functions,-
(i) on a proposal of Government Agency and
after approval of the Government, formulate
486
rules, regulations and the policy pertaining
to the tourism promotion;
(ii) ensure implementation of the Ordinance,
Rules and Policy;
(iii) examine the suitability of the tourism project as
listed in the Schedule, submitted by the Project
Planning Unit (PPU) as per Terms of References
(ToR’s) approved by the STEC;
(iv) make decisions about any direct or
contingent support for a project requested by
the Government Agency;
(v) approve tourism promotion project under the
Schedule which includes rejection of a
project or send back to the PPU for
reconsideration;
(vi) determine the type of Government support
referred to any tourism project;
(vii) have authority to change any timeline
provided in the rules except the timelines
mentioned in the Ordinance;
(viii) approve lease period, deeds and agreements with
private investor on case to case basis; and
(ix) take all other steps necessary for giving
effect to the provisions of this Ordinance.
5. Project Planning Unit (PPU).- (1) The Government shall, on
the recommendations of STEC, by notification establish the
Project Planning Unit (PPU) in the Government Agency to assist
STEC in appraisal of tourism projects.
(2) The PPU shall,-
(i) provide technical support to STEC regarding submission
of project proposals;
(ii) formulate comprehensive ToR’s for investment through
Private Investor for tourism projects and get the ToR’s
approved from STEC;
(iii) develop operating guidelines, procedures and model
documents for projects for approval by the STEC; and
487
(iv) perform any other function as may be assigned to it by

the STEC.
6. Government Agency.– (1) The Government Agency shall
manage the project throughout its life cycle consisting of project
identification, project proposal preparation including feasibility,
tendering, supervising the implementation and operation of the
project, and if applicable taking over the project under a tourism
investment agreement.
(2) The Government Agency shall,–
(a) identify a suitable project and prioritize the project
within tourism sector or geographical area of
responsibility;
(b) submit a project concept paper in the form of pre-
feasibility study through the PPU to the STEC for
its consideration and approval;
(c) hire consultant and/or experts for preparation of
project proposal and bidding/tendering process as
and when required;
(d) supervise the preparation of a feasibility study for
the project and, if its outcome is positive, submit a
project proposal along with estimated cost of the
project, type of private investment agreement and
the details of Government support, if required, to
the STEC;
(e) conduct a competitive tendering process for a
project approved by the STEC, including a pre-
qualification process and bidding by the pre-
qualified bidders to select the suitable Private
Investor;
(f) carry out bid evaluation;
(g) negotiate and sign the tourism investment
agreement with the selected Private Investor;
(h) monitor and evaluate implementation and operation
of the Project;
(i) if required, seek support and advise of PPU for
performance of any of the functions under this
Section.
488
7. Government Support.- (1) The Government Agency shall
indicate the Government support, if any, for a project.
(2) The Government support may be obtained in the
following forms-
(a) administrative support to the Private Investor in
obtaining licenses and other clearances from the
Government, for purposes of the Project on such
terms and conditions as may be prescribed;
(b) provision of utility connections for power, gas and
water at project site, clearance of right of way or
acquisition of land necessary for the project and,
rehabilitation and resettlement necessitated because
of the execution of the Project; and
(c) asset based support such as leasing land and
infrastructure facilities owned by the Government or
a Government Agency to the Private Investor.
CHAPTER-III
OPERATIONAL FRAMEWORK
8. Basic principles for leasing of land and properties.- Following
procedure shall be applied for leasing of land and properties,-
(i) the Government Agency shall identify, prioritize
and select the land at potential tourist spots in the
State which shall include area, size and ownership
as per land record;
(ii) the Government Agency shall seek consent of
concerned Department, where land or property
selected is not owned by Tourism Department for its
transfer to Government Agency and without consent
no land shall be transferred;
(iii) the Government Agency shall prepare the project
package by engaging PPU for technical, financial,
and economic feasibility of the proposed project
with special attention to social and environmental
impact assessment as prescribed;
(iv) duration of land lease may extend to 50 years and
for building, it may be to 20 years and duration may
be further extended on the basis of performance as
489
per prescribed parameters and market conditions

with or without modifications in the agreement;
(v) in case of any infrastructural investment by a
Private Investor, the same shall be built and
operated by the Private Investor and finally
transferred to the Government Agency
automatically after expiry of the agreement;
(vi) relevant Government departments may extend their
technical and administrative support to the
Government Agency required for completion of a
tourism project.
9. Framework for Private Sector Participation in Different
Categories.- To lease out developed infrastructure or identified/
selected land for private investment. The Government Agency
shall make following framework on recommendations of the
STEC and after approval of the Government,-
(i) to lease out land for Private Investment;
(ii) to lease out land for Camping Sites;
(iii) to lease out land for Hotels/ Motels/ Restaurants etc;
(iv) to lease out land for Tourist Resorts/ Mega Projects;
(v) for Water Sports Development in and along lake areas of
AJ&K;
(vi) to lease out for Government Owned Buildings;
(vii) to constitute AJK Tourism Regulatory Board (AJK TRB)
(viii) to constitute Destination Management Organization
(DMOs)
(ix) any other Framework related to tourism sector.
10. Selection of Private Investors.- Selection of the Private Investor
shall be made by providing equal opportunities to all interested
investors through bid initiation, valuation and award of the
contract in Prescribed manner.
11. Power to Make Rules.- The Government may, by notification in
official Gazette, make rules for carrying out the purposes of this
Ordinance.
490
12. Overriding effect.– Notwithstanding anything contained in any
other law, the provisions of this Ordinance shall prevail on all
other laws to the extent of a Tourism Project.
Sd/-
President
Sd/-
491
SCHEDULE
[see Section 4(2) (iii)]
TYPES OF PROJECTS WHICH CAN BE
DECLARED AS TOURISM PROJECT
1. Tourist Accommodations (Tourism and Hospitality
Infrastructure, Resorts):
Hotels, motels, lodging houses, log cabins, tourist hunts, guest
houses, chalets, camping sites, mobile caravans, rest houses,
youth hostels and Restaurants.
2. Tourist Transport:
A. Surface Transport:
Tourist Coaches, Buses and Vans equipped with luxury
seats, mike system and wide view windows and
preferably space on the lower side of vehicles for
luggage. Luxury 4WD Jeeps for mountainous roads.
B. Air Transport
i. Air transport such as helicopters/small planes
ii. Chartered flights.
C. Lake/Dam/River Transport: (Mangla Lake, Zilzaal
Lake, Kharigam-Sharda Lake area, Rivers Neelum/
Jhelum/Poonch, Patrind Dam area and any Dam area
developed in future):
i. River Transport: Rafts, Canoes, Speed Boats,
Passenger Launches, Water Scooters, Jumpers
Etc.
ii. Lake/Dam Transport: Fiber Glass Boats,
Kayaks, Water Scooters, Jumpers, Water Based
Children Play Stations, Small Ships, Hovercrafts
and Yachts etc. (The Ministry of Industries GoP
has declared transport as an industry)
3. Entertainment and Recreation:
Play-land/Fun-land projects, Chairlifts and Disney-land type
parks, Bowling Alleys, Cineplex/Athletic and health clubs.
4. Convenience & Facilitation for Tourists:
Manufacturing tents and mountaineering equipment (already
covered as industry) Handicrafts manufacturing and handicraft
492
villages, tinned food, trekking and mountaineering food
manufacturing.
5. Organic Food Villages, Handicrafts Kiosks;
6. Chairlifts/Cable Cars, Recreational/Theme/Sozo/Amusement
Parks;
7. Under Water World in Mangla Lake;
8. Ski Resorts; Musical/ Dancing Fountains;
9. Adventure Sports (Paragliding, Hang Gliding, Fixed Wing
Gliding, Motorized Gliding, Jero Copter, Mountain Biking,
Mountain Cycling, expeditions etc; White Water Rafting/
Kayaking etc; Rock Climbing/ Ice Climbing etc.)
10. Archaeological Assets, Heritage Sites, Museums etc;
____xxx____
493

Dated: 4th August, 2019
No. LD/Legis-Ord/247-58/2019. The following Ordinance made by the
President on the 4th day of August 2019, is hereby published for general
information.
An
Ordinance
to amend the Azad Jammu and Kashmir Assets Declaration Act, 2019
Kashmir Assets Declaration Act, 2019 in the manner hereinafter
appearing;
necessary to make immediate action;
may be called the Azad Jammu and Kashmir Assets Declaration
Kashmir.
2. Amendments in the Azad Jammu and Kashmir Assets
Declaration Act, 2019.- In the Azad Jammu and Kashmir Assets
Declaration Act, 2019, hereinafter referred to as the said Act, the
following amendments shall be made:-
(i) In Section 3 of the said Act, for the expression “31st
July, 2019”, the expression “20th August, 2019” shall
be substituted;
(ii) In Section 6 of the said Act, for the expression “31st
July, 2019”, the expression “20th August, 2019” shall
be substituted;
494
(iii) In clause (a) of Section 8 of the said Act, for the
expression “31st July, 2019”, the expression “20th
August, 2019” shall be substituted; and
(iv) In the Schedule to the said Act, in Serial No. 1 for the
expression “31st July, 2019”, the expression “20th
August, 2019” shall be substituted.
Sd/-
President
Sd/-
495

No. LD/Legis/Ord./271-282/2019. The following Ordinance made by the
President on the 15th day of November, 2019, is hereby published for
An
Ordinance
Act, 1990
be called the Azad Jammu and Kashmir Local Government
Jammu and Kashmir Local Government Act, 1990 (Act VII
of 1990), in Section 44, following amendments shall be
made:-
(i) in sub-section (1), for the word “three”, the word
“four” and for the word “five”, the word “six” shall
be substituted; and
(ii) in sub-section (2), the full stop at the end shall be
substituted by a colon and thereafter following
proviso shall be added:-
496
“Provided that the Government may appoint
any person as a Vice-Chairman of the Board on
such terms and conditions as may be determined by
the Government.”
Sd/-
President
Sd/-
497

No. LD/Legis-Ord/283-95/2019. The following Ordinance made by the
President on the 22nd day of December 2019, is hereby published for
An
Ordinance
to register and regulate charities and collection of charitable funds
WHEREAS, it is necessary to provide for the registration,
administration and regulation of charities, fund-raising appeals and
collection of charitable funds for charities and ancillary matters;
AND WHEREAS the Azad Jammu and Kashmir Legislative
Assembly is not in session and the President of the Azad Jammu and
Kashmir is satisfied that circumstances exist which render it necessary to
take immediate action;
NOW,THEREFORE, in exercise of the powers conferred by sub-
Article (1) of Article 41 of Azad Jammu and Kashmir Interim
Constitution, 1974, the President of the Azad Jammu and Kashmir 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 Charities
Registration, Regulation and Facilitation Ordinance, 2019.
(2) It extends to whole of the Azad Jammu and Kashmir.
2. Definitions.– In this Ordinance, unless there is anything
(a) “Assistant Commissioner” means the ex-officio
executive officer incharge of a Tehsil;
(b) “Charitable Fund” includes the money and goods
collected for a limited period of time for charitable
purpose by a person or organization not registered as a
charity;
(c) “Charitable Purpose” means the purpose which is for-
(i) prevention and relief of poverty;
498
(ii) promotion of education and learning;
(iii) provision of health and lifesaving services;
(iv) community development;
(v) promotion of arts, culture and heritage;
(vi) promotion of human rights, conflict
resolution and reconciliation activities;
(vii) promotion of religious and racial harmony;
(viii) promotion of diversity and tolerance;
(ix) environmental protection and environmental
improvement;
(x) relief of those in need of it by reason of
youth, age, ill health, or disability; and
(xi) such other purposes as the Commission may
determine.
(d) “Charity” means any association of persons which is
established for a charitable purpose and includes the
following:
(i) an organization registered under the Voluntary
Social Welfare Agencies (Registration and
Control) Ordinance, 1961 (XLVI of 1961) as
adopted and enforced in Azad Jammu and
Kashmir;
(ii) an organization registered under the Societies
Registration Act, 1860 (XXI of 1860) as adopted
and enforced in Azad Jammu and Kashmir;
(iii) an organization registered under the Companies
Ordinance (Adaptation) Act, 1984 or under any
other law for the time being in force;
(iv) an organization registered for charitable
purposes under any law for the time being in
force; and
(v) a public or private trust.
(e) “Charity Trustee” means the person or persons having
the general administration, control and management of a
Charity;
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(f) “Collect” or “collection” means appealing for,

receiving, collecting or attempting to collect any
donations whether in money or in any kind;
(g) “Collector” means a person actually engaged in
collecting donations for a Charitable purpose(s);
(h) “Commission” means the Charity Commission
established under the Ordnance;
(i) “Declaration” means a declaration made by the
Charity or Promoter of a Charitable Fund,
stating-
(i) the names and addresses of the Charity
or Promoter or promoters of the fund;
(ii) the proposed value of the donation;
(iii) the names and addresses of the
collectors of the fund;
(iv) the names and addresses of the
recipients of the fund;
(v) the objects and purposes for which the
fund shall be utilized;
(vi) the names of the banks or the persons in
whose custody the collection shall be
kept; and
(vii) any other prescribed information.
(j) “Deputy Commissioner” means the ex-officio
executive officer incharge of a district or any other
person appointed by the Government as ex-officio
Deputy Commissioner for purposes of the Ordinance;
(k) “Government” means the Azad Government of the
(l) “Ordinance” means the Azad Jammu and Kashmir
Charities Registration, Regulation and Facilitation
Ordinance, 2019;
(m) “Prescribed” means prescribed by the rules or
regulations made under the Ordinance;
(n) “Promoter” means a person, other than a charity,
responsible for collection, custody, administration and
accounting of the donations for a Charitable Fund or a
Charitable purpose;
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(o) “Recipient” means an individual, institution,
association, society or undertaking for whose benefit a
Charitable Fund is or shall be collected;
(p) “Registering Authority” means the registering
authority mentioned in Section 18 of the Ordinance; and
(q) “Sanctioning authority” means the authority mentioned
in Section 19 of the Ordinance.
3. The Commission.– (1) There shall be a Charity Commission
comprising of,-
(i) Secretary Social Welfare Chairperson
(ii) Additional Secretary Law Member
(iii) Additional Secretary Home Member
(iv) Additional Secretary S&GAD Member
(v) Additional Secretary Finance Member
(vi) Director Social Welfare Member/Secretary
(2) Subject to the provisions of the Ordinance, the
Commission shall discharge its functions, exercise its powers and
conduct its proceedings in the prescribed manner and until so
prescribed in the manner as the Commission may determine.
(3) The Chairperson and the Members shall be responsible
for the discharge of the mandate of the Commission.
(4) A Member shall perform such functions as may be
prescribed or assigned by the Commission.
4. Chief Executive Officer.– (1) The Director Social Welfare shall
be the ex-officio Chief Executive Officer and Secretary of the
Commission.
(2) The Chief Executive Officer shall be responsible for the
day to day administration of the Commission and shall perform
such other functions as may be prescribed or assigned by the
Commission.
5. Functions of the Commission.– (1) The Commission shall
perform such functions as may be necessary for accomplishing
the purposes of the Ordinance.
powers, the Commission shall,-
(a) maintain public trust and confidence in charities;
501
(b) register charities;

(c) protect charities and the beneficiaries thereof;
(d) ensure that charities and promoters comply with their
legal obligations in exercising control and management
of the administration of the charitable funds;
(e) issue necessary advice to the charities and charity
trustees;
(f) ensure effective use of charitable funds;
(g) institute a mechanism for effective monitoring and
accountability of charities, promoters, collectors and
recipients;
(h) hold, if necessary, an enquiry into the affairs of a Charity
or Charitable Fund;
(i) alter or set aside sanction of collection accorded by a
Deputy Commissioner;
(j) receive and examine annual audit report of a Charity or
Charitable Fund;
(k) conduct or cause to be conducted a special audit of a
(l) issue guidelines for proper accounting, management and
utilization of a Charity or Charitable Fund;
(m) issue such directions to the Deputy Commissioners and
Assistant Commissioners as may be necessary for the
due discharge of the functions under the Ordinance; and
(n) perform such other related functions as the Government
may assign.
6. Power to call for record of Charities, etc.– (1) The
Commission may call for any record, data or information about a
Charity, a Charity Trustee, the beneficiaries of a Charity, a
Charitable Fund and expenditure on Charity by a corporate
entity.
(2) The Commission may seek verification of the financial
records from financial institutions and may utilize the services of
a law enforcing agency for the purpose.
7. Power to appoint Charity Trustee.– (1) The Commission may
appoint a Charity Trustee or any officer or office-bearer of a
Charity if such charity fails to remove a trustee or appoint a new
trustee or officer where,-
502
(a) a trustee or officer has been convicted of an offence
involving moral turpitude, dishonesty or deception; or
(b) a trustee has been adjudged bankrupt; or
(c) the conduct of a trustee or officer is detrimental to the
cause of the Charity owing to mismanagement or other
reasons as may be determined by a court or the
Commission.
(2) The Commission shall provide an opportunity of defence
and hearing to the Charity or the person likely to be affected by
the decision of the Commission.
8. Enquiry.- (1) The Commission, on its own motion or on receipt
of a request from the Government or a complaint from any
person, may hold an enquiry into the affairs of a Charity to
ascertain whether any charitable funds have been misapplied or
misappropriated or there is any breach of trust.
(2) If as a result of enquiry under sub-section (1), the
Commission finds that an offence has been committed under any
law or any trust has been breached, it may move a reference to
the Government to proceed further in accordance with law.
9. Employees.– (1) The Commission may, from time to time,
employ ex-officio persons to assist the Commission in the
performance of its functions.
(2) The employees of the Commission shall be paid such
remuneration and allowances and shall hold their employment on
such terms and conditions as may be prescribed.
10. Appointment of Advisers, Consultants etc.– The Commission
may, employ such ex-officio consultants, or technical
professionals or advisers as may be necessary for the due
discharge of its functions under the Ordinance.
11. Charities to be Registered.– (1) Every charity shall get itself
registered with the Commission not later than such date as the
Government may, by notification, determine.
(2) A Charity shall not collect charitable funds or seek
collection of the charitable funds unless it is registered under the
Ordinance.
12. Exemption.– The Government may, after recording reasons,
exempt an organization or Charity from the provisions of Section
11 of the Ordinance, but an organization which is not registered
as a not-for-profit company shall not be so exempted.
503
13. Register of Charities.– (1) The Commission shall maintain a

Register of Charities in such manner as may be prescribed and
until so prescribed as the Commission may determine.
(2) The Register shall contain,-
(a) the name of every registered charity; and
(b) such other particulars of, and such other information
relating to, every such Charity as may be prescribed or as
the Commission may determine.
14. Application for Registration.– (1) Every organization required
to be registered under the Ordinance shall provide to the
Registering Authority the information regarding the objectives of
the Charity, the source or sources of income of the Charity and
the nature of its spending, and such other documents or
information as may be prescribed.
(2) The Registering Authority may, for reasons to be
recorded in writing, refuse registration of an organization if in its
opinion the objects of Charity stated in Declaration are not in
consonance with the Charitable purpose or for any other
reasonable cause.
15. Register to be Public Document.– (1) The Register of Charities
shall be a public document and shall be open to public inspection
at all reasonable times.
(2) A person may obtain copies of particulars of Register of
Charities or documents supplied by a Charity subject to payment
of such fee as may be prescribed.
(3) The Commission shall publish on its website such
information in the Register as may be necessary to create general
awareness about the work and conduct of charities.
16. Cancellation of Registration.– The Commission may, after
affording an opportunity of hearing, suspend or cancel the
registration of a Charity if the Commission is satisfied that,-
(a) the organization or association of persons is not
furthering any charitable purpose; or
(b) the Charity has committed a serious violation of the
provisions of the Ordinance or the rules.
17. Registering Authority.– (1) The Commission shall be the
Registering Authority when the operation of a Charity extends to
the whole of the Azad Jammu and Kashmir.
504
(2) The Deputy Commissioner shall be the Registering
Authority when the operation of a Charity does not extend
beyond the district.
(3) The Assistant Commissioner shall be the Registering
Authority where the operation of a Charity extends only to a
Tehsil.
18. Sanctioning Authority.– (1) The Commission may sanction the
collection of charitable funds if the collection is proposed to be
made from the whole of the Azad Jammu and Kashmir or two or
more districts or for a period of more than twelve months.
(2) Subject to sub-section (1),-
(a) the Deputy Commissioner may sanction the collection of
charitable funds if the collection is to be made from
within a district; and
(b) the Assistant Commissioner may sanction the collection
of charitable funds if the collection is to be made from
within a Tehsil.
19. Prohibition on Collection.– (1) A Promoter shall not make or
solicit collection for any charitable fund unless before the start of
the collection, he makes a Declaration in respect of the intended
collection and delivers the Declaration to the Sanctioning
Authority, and the Sanctioning Authority sanctions, in writing,
the collection.
(2) The Sanctioning authority may refuse to sanction the
collection under this section if it is not satisfied with regard to
good faith of the Promoter or persons proposing to make the
collection, or if the authority is not satisfied with regard to the
proper custody of the fund or the due administration of the fund
for the purpose for which it is to be collected.
(3) The Sanctioning Authority may sanction the collection
subject to such conditions as it may consider necessary for
ensuring the proper custody of the fund and its due
administration and utilization for the objects and purposes of the
Charitable Fund.
(4) If the Sanctioning Authority sanctions the collection, it
shall issue or cause to be issued a certificate for a specified
period, to the Promoter in such form and manner as the
Commission may, by regulations, prescribe, authorizing him to
make the collection through identified collectors and for
identified recipients.
505
(5) The Deputy Commissioner may alter or set aside a

sanction of collection accorded by an Assistant Commissioner in
the district.
20. Powers of Sanctioning Authority.– The Sanctioning Authority
may, at any time, for sufficient reasons and after affording
opportunity of hearing, cancel or alter any order made or
direction given by it under the Ordinance.
21. Residuary Powers of the Commission.– The Commission may
issue such directions to the Deputy Commissioners and Assistant
Commissioners as may be necessary for achieving the objectives
of the Ordinance.
22. Periodic Evaluation of Charities.– The Commission shall
undertake a periodic evaluation of the charities to review the
performance of the charity trustees under the Ordinance.
23. Administrative Actions.– (1) If, after evaluation or audit, the
Commission is satisfied that any Charity has failed to comply
with the obligations envisaged under the Ordinance, the
Commission may,-
(a) suspend or cancel the registration of that Charity under
the Ordinance; and
(b) impose fine, not exceeding one million rupees, on the
Charity or organization.
(2) The Commission shall not take any action under sub-
section (1) unless the Charity or organization is afforded a
reasonable opportunity of hearing and showing cause against the
proposed action.
24. Reports.– The Commission shall, from time to time, publish
reports, highlighting the areas of operations carried out by the
Commission and other administrative actions taken during the
period under report.
25. Obligations of Charity Trustees.– A Charity Trustee shall,-
(a) comply with the terms and conditions of the governing
instrument which envisages the establishment of the
Charity Trustee with the relevant authority;
(b) coordinate with the other charities operating in the
respective domain for purposes of consolidated efforts at
achieving the objectives and targets under the Ordinance;
and
506
(c) immediately inform the Commission about any change
in the constituent document of the Charity.
26. Fiduciary Responsibilities of Charity Trustees.– A Charity
Trustee shall be responsible for,-
(a) controlling the assets of the Charity;
(b) protection, proper investment and utilization of the
charitable fund;
(c) ensuring that the charitable funds are not used for any
purpose other than the declared purpose;
(d) ensuring that the charitable funds or property is not
misused or allowed to go waste as a result of
mismanagement or for any other reasons;
(e) the sale, lease or other disposal of the charity property
and insurance of the charity property; and
(f) ensuring that no unnecessary encumbrances are created
on the charity property.
27. Accounting records of a Charity.– (1) The charity trustees shall
ensure that accurate accounting records are maintained in respect
of the Charity.
(2) The accounting records shall mention all the transactions
of the Charity and shall also reflect on the financial position of
the Charity.
(3) The accounting records shall in particular contain,-
(a) entries pertaining to all sums of money received and
expended by the Charity each day;
(b) matters in respect of which the receipt and expenditure
takes place; and
(c) the details of assets and liabilities of the Charity.
(4) The charity trustees shall preserve the accounting records
for such period as may be prescribed.
(5) The Charity Trustee shall prepare annual statement of
accounts.
(6) If the amount given to a Charity in a calendar month
exceeds fifty thousand rupees, the Charity shall deposit the
amount in a dedicated bank account and shall provide
information of the bank account to the Sanctioning Authority or
the Registering Authority, as the case may be.
507
28. Accounting of Charitable Funds.– The charity trustees shall

ensure that accounting records of a Charitable Fund are
maintained as required under Section 27.
29. Audit and Inspection.– (1) The Member or the Sanctioning
Authority may, for reasons to be recorded, direct that the
accounts of a Charity shall be audited or re-audited by a specified
auditor at the expense of the Charity or the person who has
applied for the special audit of the Charity.
(2) The Commission or Sanctioning Authority may inspect
or cause to be inspected any accounts maintained under the
Ordinance or the rules.
30. Misapplication of Funds.– (1) A charity, Promoter, Collector or
Recipient of a Charitable Fund shall not use the fund for any
purpose or object other than the purpose or object for which it
was collected except with the prior permission of the
Commission.
(2) A person authorized to hold charitable fund shall not
transfer the custody of the Charitable Fund to any other person
except with the prior approval in writing of the Commission or
the Sanctioning Authority.
(3) If any part of any donations collected for any charitable fund
is used for any purpose or object other than that for which it was
collected, or is otherwise misapplied or misappropriated in any
manner, every person concerned with the collection or
administration of the fund, whether as a Promoter, Collector or a
Recipient, shall unless he proves that the misuse, misapplication
or misappropriation occurred without his knowledge and that he
had used all due diligence to prevent such misuse, misapplication
or misappropriation, shall be deemed to have committed the
misuse, misapplication or misappropriation of the Charitable
Fund.
31. Penalty.– (1) Any person who dishonestly or fraudulently
tampers with, conceals or destroys any records pertaining to the
collection of any charitable fund to which the Ordinance applies
shall be deemed to have contravened the Ordinance.
(2) Notwithstanding anything contained in other law
enforced, a person who contravenes any provision of the
Ordinance or the rules or of any order made, direction given or
condition imposed under the Ordinance shall be liable to
punishment of imprisonment for a term which may extend to six
months but which shall not be less than fifteen days and fine
508
which shall not be less than twenty five thousand rupees or more
than one hundred thousand rupees.
32. Cognizance and summary trial.– (1) An offence under the
Ordinance shall be cognizable and non-bailable.
(2) A Magistrate of the first class shall conduct the trial of
an offence under the Ordinance in accordance with the
provisions of Chapter XXII of the Code of Criminal Procedure,
1898 (V of 1898), relating to the summary trials.
33. Compounding of offence.– (1) Subject to sub-section (2), the
Commission or any person specifically authorized in this behalf
by the Commission may, at any stage, compound an offence
under the Ordinance subject to the deposit of administrative
penalty which shall not be less than twenty five thousand rupees.
(2) The offence under the Ordinance shall not be
compoundable if the accused had been previously convicted
under the Ordinance or his previous offence had been
compounded by the Commission or the officer authorized by the
Commission.
34. Confiscation.– A court trying an offence under the Ordinance
may order the confiscation or recovery of any fund wrongfully
collected or misapplied by any person in contravention of the
Ordinance.
35. Appeal.– (1) Any person aggrieved by an order or direction of
the Commission, may within thirty days of the order, prefer an
appeal to the Appellate Committee.
(2) The Government shall, by notification, constitute the
Appellate Committee consisting of the Chairperson and such
members as it may determine.
(3) The Committee shall perform its functions in the
prescribed manner and until so prescribed, the Committee shall
regulate its own procedure.
36. Application of other laws.– The provisions of the Ordinance
shall be in addition to and not in derogation from any other law.
37. Rules.– (1) The Government may, by notification, make rules to
carry out the purposes of the Ordinance.
powers, the rules may provide for,-
(a) the form and contents of declarations and the verification
of statements made in a Declaration;
509
(b) the period for which declarations shall remain in force

and the manner in which the period may be extended or
terminated;
(c) the form and manner in which receipts for donations may
be given and the maintenance of proper vouchers for
purposes of the accounts;
(d) the maintenance of proper books of account and the
auditing of the accounts;
(e) the periodical submission of statements of accounts;
(f) the supervision, inspection and examination of accounts;
and
(g) the payment of charges for forms of declarations and
certificates.
38. Regulations.– Subject to the Ordinance and the rules, the
Commission may, by notification, frame regulations to give
effect to the provisions of the Ordinance.
39. Indemnity.– No prosecution, suit or other legal proceedings
shall be instituted against any person in respect of anything
which is, in good faith, done or intended to be done under this
Ordinance.
40. Revision.– Subject to Section 35, the Government may, at any
time, on its own motion or on the application of any aggrieved
person, revise any decision or direction of the Commission and
pass such order in accordance with the Ordinance as it may
deem proper.
Sd-
President
Sd/-
510
THE SCHEDULE (Thematic Areas of Activities)
1. Child welfare
2. Youth welfare
3. Women’s welfare
4. Welfare, Training and Rehabilitation of the persons with
disabilities
5. Family planning/population welfare
6. Recreational programmes intended to keep people away
from anti-social activities
7. Civic education, aimed at developing sense of civic
responsibility
8. Welfare and rehabilitation of prisoners
9. Welfare of juvenile delinquents
10. Welfare of the beggars and destitute
11. Welfare and rehabilitation of patients
12. Welfare of the aged and infirm
13. Training and Capacity building of personnel engaged in
social services delivery
14. Environment protection and related issues
15. Drug abuse and Narcotics
16. Social Research
17. Human Rights
18. Religious education, Interfaith and Sectarian harmony
19. Education
20. Health and reproductive health
21. Poverty alleviation
22. Cultural heritage and promoting culture of Pakistan
23. Vocational and professional training
24. De-radicalization and counter violent extremism
___xxx__
511

President on the 8th day of April, 2020, is hereby published for general
information.
An
Ordinance
further to amend the Azad Jammu and Kashmir Service Tribunal
Act, 1975
and Kashmir Service Tribunals Act, 1975 (Act XXII of 1975), for the
sub-section (1) of Article 41 of the Azad Jammu and Kashmir Interim
called the Azad Jammu and Kashmir Service Tribunals
Jammu and Kashmir Service Tribunals Act,1975 (Act XXII of
1975), in Section 3, in sub-section (4), after clause (b), following
new clause (c) shall be added:-
“(c) The President may extend the term of office of the
Chairman or a Member of the Tribunal for such period
not exceeding two years.”
Sd/-
President
Sd/-
512
information.
An
Ordinance
to provide for the prevention of hoarding in respect of various articles, in
the wake of an emergent situation resulting from the outbreak of the
Corona virus pandemic (COVID-19)
WHEREAS it is expedient to provide for the prevention of
hoarding in respect of various articles mentioned in schedule to this
Ordinance, in an emergent situation resulting from the outbreak of the
Corona virus pandemic (COVID-19) and for matters connected therewith
and ancillary thereto;
WHEREAS the World Health Organization has declared the
Corona virus (COVID-19) to be a pandemic requiring multifaceted
responses;
WHEREAS events of hoarding contribute to adversities, in
geometric progression, to the people at large, especially in circumstances
of partial or complete lock-down;
1. Short title, extent and commencement.– (1) This Ordinance
shall be called the Azad Jammu and Kashmir COVID-19
(Prevention of Hoarding) Ordinance, 2020.
(2) It shall extend to the Azad Jammu and Kashmir.
2. Definitions.– In this Ordinance, unless there is anything
repugnant in the subject or context:–
513
(a) “Dealer” means any person, trader, partnership, firm,

whether registered or unregistered, an association or
body of persons or individuals, or a company, or their
agents carrying on the business of purchasing, selling or
stocking of any scheduled article and includes a
manufacturer, producer, packager, importer, exporter,
wholesaler or retailer of such article;
(b) “Government” means the Azad Government of the
(c) “Hoard” or “Hoarding”:
(i) means stocking or storing anything in excess of
the maximum quantity of scheduled articles
allowed to be held in stock or storage, in the
manner as may be prescribed; or
(ii) where no maximum quantity of a scheduled
article is prescribed under sub-clause (i), “hoard”
or “hoarding” shall mean stocking or
accumulation of scheduled articles without
offering such articles for sale, despite there
being a demand by consumers;
(d) “Officer” means the Deputy Commissioner of a district
and such other officer as may be authorized by him in
this behalf;
(e) “Prescribed” means prescribed by rules made under this
Ordinance;
(f) “Scheduled article” means any of the articles specified
in the schedule to this Ordinance;
3. Offence of Hoarding.– (1) Any Dealer who is found to Hoard
any Scheduled article shall be guilty of an offence punishable
with simple imprisonment which may extend to three years and
fine equivalent to fifty percent of the value of the Scheduled
articles involved in the case.
(2) The value of Scheduled articles for purposes of sub-
section (1) shall be determined in the manner as may be
prescribed.
4. Power to search for and seizure of scheduled article.– (1)
When an Officer has reasonable grounds to suspect, either upon
information from any source or on its own, that there has been a
contravention of any of the provisions of this Ordinance, the
officer may, after recording in writing the grounds of his
514
suspicion, enter and search, without any warrant, any place
where a dealer keeps, or is for the time being keeping, any
Scheduled article, accounts, registers or any other related items
or things.
(2) Upon entry in and search of a premises under sub-
section (1), if Scheduled articles are found at such premises in
contravention of this Ordinance, the officer shall immediately
seize the same and prepare a detailed report of the scheduled
articles and other relevant material found during the search.
(3) The provisions of the Code of Criminal Procedure, 1898
(Act V of 1898) shall not be applicable on search and seizure
5. Power to auction seized scheduled articles.(1) Notwithstanding
anything contained in any other law for the time being in force
and in addition to the prosecution under this Ordinance, the
Officer may sell the Scheduled articles seized under Section 4 by
auction, in the manner as may be prescribed.
(2) The proceeds collected under sub-section (1) shall be
deposited in a profit bearing bank account in the National Bank,
and if: -
(a) the accused person whose Scheduled articles are
auctioned is acquitted of an offence under Section 3, the
deposited amount alongwith the profit shall be released
to the said accused; or
(b) the accused person whose Scheduled articles are
auctioned is convicted of an offence under Section 3, the
deposited amount alongwith the profit shall be released
into the government exchequer.
6. Cognizance of offence and arrest without warrant.– (1)
Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (V of 1898), all offences punishable under this
Ordinance shall be cognizable and non bailable.
(2) The Special Magistrate under section 8 shall take
cognizance of an offence under this Ordinance, upon written
information by the Officer.
(3) An Officer may arrest any person without warrant
against whom there is credible information that he has committed
an offence under this Ordinance.
7. Offences by corporations etc.– If an offence under this
Ordinance is committed by a company or body corporate or a
515
partnership or other association or body of persons or

individuals, every director, manager, secretary, member or other
officer, the principal, primary or beneficial owner or agents
thereof shall, unless he proves that the contravention took place
without his knowledge or that he exercised all due diligence to
prevent such contravention, be deemed to be guilty of such
contravention and shall be liable to punishment under this
Ordinance.
8. Power to try offences summarily. – (1) Offences punishable
under this Ordinance shall be tried by a Special Magistrate
appointed under section 14-A of the Code of Criminal Procedure,
1898 (Act V of 1898), in a summary manner as provided in
sections 262 to 265 of the said Code.
Provided that sub-section (2) of section 262 of the Code
of Criminal Procedure, 1898 (Act V of 1898) shall not apply.
(2) If a Special Magistrate has reason to suspect that any
offence punishable under this Ordinance has been committed by
any Dealer or owner of a godown or a storage place or its
management or agent thereof, he may enter the place or premises
where the offence has been committed and try the offence on the
spot.
(3) The trial under this Ordinance shall be concluded within
thirty days.
9. Appeal.– (1) A person aggrieved by an order of conviction and
sentence under of this Ordinance may prefer an appeal before a
District and Sessions Judge within thirty days of the said order.
(2) An appeal under sub-section (1) shall be disposed of
within thirty days.
10. Reward for informers.– Anyone who provides an information
to an Officer with regard to any act or acts of Hoarding, which
results in a conviction and release of funds into the Government
exchequer, shall be entitled to an award equivalent to ten percent
of the amount released to the Government exchequer, in the
manner as may be prescribed.
11. Information and declarations.– (1) Every Dealer shall provide
to an officer, such information regarding production,
importation, exportation, purchase, stock, sale or distribution of
any of the Scheduled articles as the Officer may, by an order in
writing, require.
516
(2) The Officer may direct the owners or manufactures of
Scheduled articles or owners and management of godowns or
storage places or their agents to declare stocks of any particular
item, owned or managed by them at their premises, at any point
in time or at such periodical intervals as may be deemed fit.
(3) The declaration to be made under sub-section (2), shall,
inter alia, include, the quantity of stock, its value, date of
purchase, copies of procurement invoices in any given time
frame, along with details of any sale or sale agreements.
(4) The Officer may verify the stock as well as the books or
documents in respect of the stock, purchase or sale, at any time,
in respect of Scheduled articles.
(5) While carrying out the verification of stock in terms of
sub-section (4) or upon receipt of any information from whatever
source, the officer may require the dealer, owner or manager of a
godown or storage place to furnish the details of persons, shops,
firms or companies, etc. from whom the purchases have been
made and to whom the sales have been or are to be made.
12. Offences in respect of false reporting and failure to disclose
information.– Any Dealer or owner of a godown or a storage
place or their management or agent, who fails to provide
information or gives fake or false information with regard to any
of the items or details under Section 11, or provides false or fake
information of contracts, agreements or arrangements, or is
otherwise found to be involved in speculative dealings or market
manipulation, creating artificial, false or misleading appearance
with respect to the price of, or market for, the Scheduled articles,
shall be guilty of an offence punishable with simple
imprisonment which may extend upto three years and fine
equivalent to one million rupees.
13. Protection of action taken under the Ordinance.– (1) No suit,
person for anything done in good faith.
(2) Except as provided in this Ordinance, no suit or other
legal proceedings shall lie to challenge any proceedings under
this Ordinance on any ground.
14. Action in aid of an Officer.– In giving effect to the provisions
of this Ordinance, an Officer, where he deems fit, may seek the
aid of law enforcement agencies.
517

the official Gazette, make rules to carry out the purpose of this
Ordinance.
16. Ordinance to override other laws.– The provisions of this
Ordinance shall have effect notwithstanding anything contained
in any other law for the time being in force.
17. Power to amend Schedule.– The Government may, by
notification in official Gazette, amend the Schedule so as to add
to, or omit from it, any commodity or class of commodities.
Sd/-
President
Sd/-
(Ch. Muhammad Ishfaq)
Section Officer Law
518
SCHEDULE
(see Section 2)
1 Tea 17 Spices & Vegetables
2 Sugar 18 Red Chilli
3 Milk 19 Drugs and Medicines
4 Powdered Milk 20 Kerosene oil
5 Milk and food for infants 21 Rice
6 Edible oil, hydrogenated or 22 Wheat, Flour all sorts

otherwise
7 Aerated water, fruits juices 23 Chemical fertilizers all
and squashes sorts
8 Salt 24 Poultry food
9 Potatoes 25 Surgical gloves
10 Onions 26 Face masks
11 Pulses all sorts 27 N95 masks
12 Fish all sorts 28 Sanitizers
13 Beef 29 Surface cleaning products
14 Mutton 30 Pesticides
15 Eggs 31 Match sticks
16 Gur 32 Isopropyl Alcohol
519

information.
An
Ordinance
further to amend the Azad Jammu and Kashmir Public Service
Commission Act, 1986
WHEREAS, It is expedient further to amend the Azad Jammu
and Kashmir Public Service Commission Act, 1986 (Act XVII of 1986),
in the manner hereinafter appearing;
AND WHEREAS, the Azad Jammu and Kashmir Legislative
called the Azad Jammu and Kashmir Public Service Commission
Jammu and Kashmir Public Service Commission Act, 1986 (Act
XVII of 1986), hereinafter referred to as the said Act, in
Section 3, following amendments shall be made:-
(a) in sub-section (1), for the figure “10”, the figure “11”,
shall be substituted;
(b) in clause (i) of sub-section (3), for the word “Four” the
word “Five”, shall be substituted.
3. Amendment of Section 4, Act XVII of 1986.- In the said Act, in
Section 4, in sub-section (1), between the first and second
proviso, the following new proviso shall be inserted, namely:-
520
“Provided further that the President may extend the
term of office of any Member for a period not exceeding three
years.”
4. Amendment of Section 5, Act XVII of 1986.- In the said Act, in
sub-section (1) of Section 5, after the word “Kashmir”, the
comma and words “, excluding the appointment as Chairman or
Member of the Public Service Commission”, shall be added.
Sd/-
President
Sd/-
Section Officer Law
521

President on the 5th day of June, 2020, is hereby published for general
information.
(Ordinance V of 2020)
An
Ordinance
to amend the terms and conditions of the Members of the Azad Jammu
and Kashmir Election Commission
WHEREAS, it is expedient to amend the terms and conditions of
members of the Azad Jammu and Kashmir Election Commission for the
1. Short title, Extend and Commencement.- (1) This Ordinance
may be called the Azad Jammu and Kashmir Members of the
Election Commission (Terms and Conditions) (Amendment)
Ordinance, 2020.
Commission.
(Terms and Conditions) Act, 2019 (Act XIV of 2019), in Section
4, after first proviso, the following new proviso shall be added:-
“Provided further that in case of appointment of a Judge
of the Supreme Court, as Member Election Commission, the age
shall not be more than sixty six years.”
Sd/-
President
Sd/-
Section Officer Law
522
Dated: 11th August, 2020

President on the 29th day of July, 2020, is hereby published for general
information.
(ORDINANCE VI OF 2020)
An
Ordinance
to amend the terms and conditions of the Members of the Azad Jammu
and Kashmir Election Commission
WHEREAS, it is expedient to amend the terms and conditions of
Members of the Azad Jammu and Kashmir Election Commission for the
1. Short title, extent and Commencement.- (1) This Ordinance
may be called the Azad Jammu and Kashmir Members of the
Ordinance, 2020.
Commission.
(Terms and Conditions) Act, 2019 (Act XIV of 2019), in Section
4, for the words “sixty five”, the words “sixty six” shall be
substituted.
523
3. Repeal.- The Azad Jammu and Kashmir Members of the

Ordinance, 2020 (Ordinance V of 2020) is hereby repealed.
Sd/-
President
Sd/-
524
Dated: 11th September, 2020
No.LD/Legis/Ord./376-87/2020.The following Ordinance made by the
President on the 10th day of September, 2020, is hereby published for
(ORDINANCE VII OF 2020)
An
Ordinance
further to amend the Azad Jammu and Kashmir Ehtesab Bureau Act,
2001
and Kashmir Ehtesab Bureau Act, 2001(Act I of 2001), in the manner
called the Azad Jammu and Kashmir Ehtesab Bureau (Seventh
Amendment) Ordinance, 2020.
2. Amendment of Section 17, (Act I of 2001).- In the Azad Jammu
and Kashmir Ehtesab Bureau Act, 2001 (Act I of 2001), in sub-
section (2) of Section 17, for the word “Court”, the word
“Courts” shall be substituted.
Sd/-
President
Sd/-
525

President on the 20th day of November, 2020, is hereby published for
[ORDINANCE VIII OF 2020]

An
Ordinance
further to amend the Azad Jammu and Kashmir Legislative

Assembly (Salaries, Allowances, Privileges and Pension of the Members)
Act, 1975

Kashmir Legislative Assembly (Salaries, Allowances, Privileges and
Pension of the Members) Act, 1975 (Act XX of 1975), in the manner
And Whereas, the Legislative Assembly is not in session and

Now, therefore, in exercise of the powers conferred by sub-

1. Short title and Commencement.–(1) This Ordinance may be

called the Azad Jammu and Kashmir Legislative Assembly
(Salaries, Allowances, Privileges and Pension of the Members)
(2) It shall come into force at once and shall be deemed to have
taken effect from 1stJanuary, 2020.
2. Amendment of Section 2 (Act XX of 1975).-In the Azad Jammu

and Kashmir Legislative Assembly (Salaries, Allowances,
Privileges and Pension of the Members) Act, 1975 (Act XX of
1975), at the end of clause (f) of Section 2, following proviso
shall be added,-
526
“Provided that for the purpose of Section 10-B, the term
“Member” shall include an ex-Member of the Assembly, who is
not a beneficiary of pension under Section 12-A to 12-M of this
Act.”
Sd/-
President
Sd/-
527

Dated: 23rd December, 2020
President on the 16th day of December, 2020, is hereby published for
[Ordinance IX of 2020]
An
Ordinance
to provide for dissolution of the Azad Jammu and Kashmir

Mineral and Industrial Development Corporation and absorption of its
employees to Industries, Labour and Mineral Resources Department
Whereas, to utilize the expertise and human resource of the

Corporation for exploration of minerals, expansion and promotion of its
resources, it is expedient to absorb the employees of the Corporation in
the Department;
And Whereas, the Azad Jammu and Kashmir Legislative

Assembly is not in session and the President Azad Jammu and Kashmir
is satisfied that circumstances exist which render it necessary to take
immediate action;
Now, Therefore, in exercise of the powers conferred by sub-

1. Short title and commencement.-(1) This Ordinance may be

called the Dissolution of the Azad Jammu and Kashmir Mineral
and Industrial Development Corporation and Absorption of
Employees Ordinance, 2020.

have taken effect from 14th May, 2020.
2. Definitions.-In this Ordinance, unless the context otherwise

requires,-
528
(a) “Assets” means all movable and immovable assets of
Corporation belonging to it immediately before the
dissolution of the Corporation;
(b) “Corporation” means the Azad Jammu and Kashmir

Mineral and Industrial Development Corporation
established under Section 3(1) of the Azad Jammu and
Kashmir Mineral and Industrial Development
Corporation Act, 1971(Act XVII 1971);
(c) “Department” means the Azad Jammu and Kashmir

Industries, Labour and Mineral Resources Department;
(d) “Employees” mean employees of the Corporation borne

on its strength immediately before the dissolution of the
Corporation;
( e) “Government” means the Azad Government of the

State of Jammu and Kashmir; and
(f) “Liabilities” mean liabilities of the Corporation, as

standing against it, immediately before its dissolution
and includes the liability of outstanding salaries of the
employees and pension of retired employees of the
Corporation.
3. Dissolution of the Corporation and Absorption of its

Employees.- (1) The Corporation shall stand dissolved with
effect from 14.05.2020.
(2) On the dissolution of the Corporation, forty two regular

employees along with all sanctioned posts shall stand absorbed
and transferred to the Department, to be engaged with mineral
exploration and promotion activities. The employees shall for all
intents and purposes be deemed to be civil servants:
Provided that the persons serving on contractual or

temporary basis shall not be entitled to claim any right to
continue their employment.
(3) The seniority and other terms and conditions of the

Employees shall be determined as per existing laws.
4. Transfer of Assets and Liabilities.-(1) On the commencement

of this Ordinance, all moveable and immovable properties,
529
assets, moneys or funds received by and deposited in the

Corporation and all savings or fixed deposits of the Corporation
in all bank accounts, and all liabilities shall immediately be
transferred to the Department or, as the case may be, to the
Government.
5. Power to make Rules.- The Government may make rules to

carry out the purposes of this Ordinance.
6. Indemnity.-No suit, prosecution or other legal proceeding shall

lie against Government or any other person for anything done or
intended to be done, in good faith, under this Ordinance.
7. Provision to override other law.- The provisions of this

Ordinance and the rules made thereunder shall have effect
notwithstanding anything to the contrary contained in any other
law for the time being in force.
8. Repeal.- The Azad Jammu and Kashmir Mineral and

Industrial Development Corporation Act, 1971 (Act XVII of
9. Savings.-Subject to the provisions contained in this Act, all rules

framed, orders passed, notifications issued, contracts entered
into, proceedings commenced, rights acquired, liabilities
incurred, schemes made, projects executed, forfeitures made,
things done, actions taken or rates, fees, or charges levied,
services rendered under any of the provision of the repealed Act,
shall be deemed to have been validly made, framed, passed,
issued, entered into, commenced, acquired, incurred, done, taken,
executed, levied or rendered.
Sd/-
President
Sd/-
530

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1.

AZAD GOVERNMENT OF THE

Department of Law, Justice,

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

Hindu, Sikh, Budhist or Parsi community, a person of

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

(j) “Special Industrial Zone” means an Industrial Estate, an

(2) The Chairman shall exercise such powers and perform

(6) Any urgent business of the Board may be transacted by

and inter-departmental coordination, prompt

(s) establish Overseas Commissions consisting of prominent

sums which are likely to be required from the Government

(e) an outline of the investment programme for the year

19. Indemnity.- No suit, prosecution, or other legal proceeding shall

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

determination under the UN Charter and according to the

in accordance with these Principles in so far as they

(c) to secure the proper organization of zakat, usher,

maternity benefits for women in

(d) reduce disparity in the income and earnings

and shall afford him the earliest opportunity of making a

“(2-a) No child below the age of fourteen years

(a) The words “or Council” appearing between the

“17. Safeguard against discrimination in services.-

amongst the members of the Assembly to perform such

to the Government of Pakistan or to any of its

(i) thirty three members to be elected by

20. Substitution of Article 31 of the Constitution.- In the

Holy Quran and Sunnah, or understanding of the

Council of Pakistan is furnished, the law may be made

(2) An officer or member or an authority to whom powers

the end shall be omitted and thereafter following proviso

34. Substitution of Article 48 of the Constitution.- In the

Supreme Court or High Court or has been a civil servant

(13) The Commissioner or the member may, by

“(2) Subject to the Constitution, all laws of Azad Jammu and

(3) The rights of the persons under existing laws of

(4) The President shall not be personally liable in

42. Amendment of Article 54 of the Constitution.- In the

as respects business undertaken by Azad Jammu and

25. International treaties, conventions, agreements and

Government of that province or the Azad Jammu and

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

proceedings initiated, notices issued, orders passed, penalties

“1 Services provided or 9801.1000 Sixteen

be added and shall be deemed to have been so added

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

undertake responsibilities of the position effectively

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

“402-D. The Government not to interfere in sentences of

marriage extend to 7 years but Magistrate of

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

(v) he is not more than 45 years of age.”

15-C. Monitoring Committee.- (1) The Board shall constitute

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

measures for the eradication of child labour and to propose the

11. Penalties.– (1) An Occupier, who employs or permits a Child to

V of 1898) shall try an offence under sub-sections (3) and (4) of

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

(o) “Prescribed” means prescribed by the Rules made

otherwise fulfills the criteria of membership of the

(3) An existing Trade Organization which has applied for