show result please click below
 |
| sindh zameen |
Part II: basic Rights of Govt Properties and Principles of Policy
7 Definition of the State
In this half, unless the context otherwise needs, "the State" means that the centralized, fifteen[Majlis-e-Shoora (Parliament)] 15, a Provincial Government, a Provincial Assembly, and such native or alternative authorities in West Pakistan as square measure by law authorized to impose any tax or cess.
Chapter 1: basic Rights Govt Properties - Sindh Zameen
8 Laws are inconsistent with or in derogation of basic rights to be void.
(1) Any law, or any custom or usage having the force of law, into date because it is inconsistent with the rights presented by this Chapter, shall, to the extent of such inconsistency, be void.
(2) The State shall not build any law that takes away or abridges the rights thus presented and any law created in resistance of this clause shall, to the extent of such resistance, be void.
(3) The provisions of this text shall not apply to:-
(a) any law concerning members of the military, or of the police or of such alternative forces as square measure charged with the upkeep of public order, for the aim of making certain the right discharge of their duties or the upkeep of discipline among them; or
16[
(b) any of them:-
(i) laws per the primary Schedule as good now before the commencing day or as amended by any of the laws per that Schedule by Sindh zameen ;
(ii) other laws per half I of the primary Schedule;
] sixteen and no such law nor any provision thence shall be void on the bottom that such law or provision is inconsistent with, or offensive to, any provision of this Chapter.
(4) Notwithstanding something contained in paragraph (b) of clause (3), among an amount of 2 years from the commencing day, the acceptable legislative assembly shall bring the laws per eighteen[Part II of the primary Schedule] 18 into conformity with the rights presented by this Chapter:
Provided that the acceptable legislative assembly might by resolution extend the same amount of 2 years by an amount not surpassing six months.
Explanation:- If in respect of any law nineteen[Majlis-e-Shoora (Parliament)] 19 is that the applicable legislative assembly, such resolution shall be a resolution of the National Assembly.
(5) The rights presented by this Chapter shall not be suspended except as expressly provided by the Constitution.
9 Security of person.
No person shall be bereft of life or liberty save in accordance with the law by Sindh zameen.
10 Safeguards on arrest and detention
(1) No one who is in remission shall be detained in custody while not being enlightened, as shortly as could also be, of the grounds for such arrest, nor shall he be denied the proper to consult and be defended by a legal practician of his alternative.
(2) Everyone who is in remission and detained in custody shall be created before a jurist among an amount of mean solar day of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the closest jurist, and no such person shall be detained in : custody on the far side the same amount while not the authority of a jurist.
(3) Nothing in clauses (1) and (2) shall apply to a person WHO is in remission or detained underneath any law providing for preventive detention.
(4) No law providing for preventive detention shall be created except to modify persons acting in a very manner prejudicious to the integrity, security or defence of West Pakistan or any half thence, or external affairs of West Pakistan, or public order, or the upkeep of provides or services, and no such law shall authorise the detention of someone for a amount surpassing twenty[three months] 20 unless the acceptable Review Board has, when affording him a chance of being detected face to face, reviewed his case and reported , before the expiration of the same amount, that there's, in its opinion, enough cause for such detention, and, if the detention is sustained when the same amount of twenty-one [three months] 21, unless the acceptable Review Board has reviewed his case and reported, before the expiration of every amount of 3 months, that there's, in its opinion, enough cause for such detention.
Explanation-I: during this Article, "the applicable Review Board" means:-
(i) in the case of someone detained underneath a Federal law, a Board appointed by the justice of West Pakistan and consisting of an MD and 2 alternative persons, every of whom is or has been a choice of the Supreme Court or a High Court; and Sindh zameen
(ii) in the case of someone detained underneath a Provincial law, a Board appointed by the justice of the judicature involved and consisting of an MD and 2 alternative persons, every of whom is or has been a choice of a judicature.
Explanation-II: The opinion of a Review Board shall be expressed in terms of the views of the bulk of its members.
(5) When a person is detained in pursuance of associate order created underneath any law providing for preventive detention, the authority creating the order shall, twenty two[within fifteen days] 22 from such detention, communicate to such person the grounds on that the order has been created, and shall afford him the earliest chance of constructing an illustration against the order:
Provided that the authority creating any such order might refuse to disclose facts that such authority considers it to be against the general public interest to disclose.
(6) The authority creating the order shall furnish to the acceptable Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the govt involved, to the result that it's not within the public interest to furnish any documents, is created.
(7) Within a amount of 24 months commencing on the day of his initial detention in pursuance of associate order created underneath a law providing for preventive detention, nobody shall be detained in pursuance of any such order for quite a complete amount of eight months within the case of someone detained for acting in a very manner prejudicious to public order and twelve months in the other case:
Provided that this clause shall not apply to a person WHO is utilized by, or works for, or acts on directions received from, the enemy 23[or WHO is acting or making an attempt to act in a very manner prejudicious to the integrity, security or defence of West Pakistan or associate half thence or WHO commits or makes an attempt to commit any act that amounts to an anti-national activity as outlined in a very Federal law or could be a member of any association that has for its objects, or that indulges in, any such anti-national activity] twenty three.
(8) The applicable Review Board shall verify the place of detention of the person detained and fix an affordable subsistence allowance for his family.
(9) Nothing during this Article shall apply to a person WHO for the nowadays is an associate enemy alien.
24[
10A. Right to truthful trial:
For the determination of his civil rights and obligations or in any criminal charge against him someone shall be entitled to a good trial and due process of law.
] 24
11 Slavery, forced labour, etc. prohibited
(1) Slavery is non-existent and taboo and no law shall allow or facilitate its introduction into West Pakistan in any kind.
(2) All sorts of forced labour and traffic in mortals square measure prohibited.
(3) No kid below the age of fourteen years shall be engaged in any works or mine or the other dangerous employment.
(4) Nothing during this Article shall be deemed to have an effect on the required service:-
(a) by a person undergoing penalty for the associate offence against any law; or
(b) required by any law for public purpose only if no required service shall be of a cruel nature or incompatible with human dignity.
12 Protection against retrospective penalty
(1) No law shall authorize the penalty of a person:-
(a) for associate act or omission that wasn't punishable by law at the time of the act or omission; or
(b) for the associate offence by a penalty bigger than, or of a sort totally different from, the penalty prescribed by law for that offence at the time the offence was committed.
(2) Nothing in clause (1) or in Article 270 shall apply to any law creating acts of annulment or subversion of a Constitution good in West Pakistan at any time since the 23rd day of March, one thousand 9 hundred and 56, an offence.
13 Protection against double penalty and self-blame.
No person:-
(a) shall be prosecuted or chastised for constant offence quite once; or
(b) shall, once suspect of associate offence, be compelled to be a witness against himself.
14 Inviolability of dignity of man, etc.
(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.
(2) No person shall be subjected to torture for the aim of extracting proof.
15 Freedom of movement, etc.
Every subject shall have the proper to stay in, and, subject to any affordable restriction obligatory by law within the public interest, enter and move freely throughout West Pakistan and to reside and settle in any half thence.
16 Freedom of assembly.
Every subject shall have the proper to assemble peacefully and while not arms, subject to any affordable restrictions obligatory by law within the interest of public order.
25[
17. Freedom of association:
(1) Every subject shall have the proper to make associations or unions, subject to any affordable restrictions obligatory by law within the interest of sovereignty or integrity of West Pakistan, public order or morality.
(2) Every subject, not being within the service of West Pakistan, shall have the proper to make or be a member of a organisation, subject to any affordable restrictions obligatory by law within the interest of the sovereignty or integrity of {pakistan|Pakistan|Islamic Republic of West Pakistan|West Pakistan|Asian country|Asian nation} and such law shall offer that wherever the centralized declares that any organisation has been shaped or is working in a very manner prejudicious to the sovereignty or integrity of Pakistan, the centralized shall, among fifteen days of such declaration, refer the concern the Supreme Court whose call on such reference shall be final.
(3) Every organisation shall account for the supply of its funds in accordance with the law.
] 25
18 Freedom of trade, business or profession.
Subject to such qualifications, if any, as could also be prescribed by law, each subject shall have the proper to luck into any lawful profession or occupation, and to conduct any lawful trade or business:
Provided that nothing during this Article shall prevent Sindh zameen:-
(a) the regulation of any trade or profession by a licensing system; or
(b) the regulation of trade, commerce or business within the interest of free competition therein; or
(c) the carrying on, by the centralized or a Provincial Government, or by a company controlled by any such Government, of any trade, business, business or service, to the exclusion, complete or partial, of alternative persons.
19 Freedom of speech, etc.
Every subject shall have the proper to freedom of speech and expression, and there shall be freedom of the press, subject to any affordable restrictions obligatory by law within the interest of the glory of Islam or the integrity, security or defence of West Pakistan or any half thence, friendly relations with foreign States, public order, decency or morality, or in respect to contempt of court, thirty three[commission of] 33 or incitement to associate offence.
34[
19A. Right to information:
Every subject shall have the proper to own access to data all told matters of public importance subject to regulation and affordable restrictions obligatory by law.
] 34
20 Freedom to profess faith and to manage spiritual establishments.
Subject to law, public order and morality:-
(a) every subject shall have the proper to profess, follow and propagate his religion; and
(b) every spiritual denomination and each sect thence shall have the proper to ascertain, maintain and manage its spiritual establishments.
21 Safeguard against taxation for functions of any explicit faith.
No person shall be compelled to pay any special tax the yield of that square measure to be spent on the propagation or maintenance of any faith aside from his own.
22 Safeguards on instructional establishments in respect of faith, etc.
(1) No person attending any establishment shall be needed to receive spiritual instruction, or participate in any ceremony, or attend spiritual worship if such instruction, ceremony or worship relates to a faith aside from his own.
(2) In respect of any spiritual establishment, there shall be no discrimination against any community within the granting of exemption or concession in respect to taxation.
(3) Subject to law:
(a) no spiritual community or denomination shall be prevented from providing spiritual instruction for pupils of that community or denomination in any establishment maintained altogether by that community or denomination; and
(b) no subject shall be denied admission to any establishment receiving aid from public revenues on the bottom solely of race, religion, caste or place of birth.
(4) Nothing during this Article shall stop any public authority from creating provision for the advancement of any socially or educationally backward category of voters.
23 Provision on property.
Every subject shall have the proper to accumulate, hold and eliminate property in any a part of West Pakistan, subject to the Constitution and any affordable restrictions obligatory by law within the public interest.
24 Protection of property rights.
(1) No person shall be mandatorily bereft of his property save in accordance with the law.
(2) No property shall be mandatorily noninheritable or taken possession of other than a public purpose, and save by the authority of law that provides for compensation so and either fixes the quantity of compensation or specifies the principles on and therefore the manner during which compensation is to be determined and given.
(3) Nothing during this Article shall have an effect on the validity of:-
(a) any law allowing the required acquisition or moving in of any property for preventing danger to life, property or public health; or
(b) any law allowing the taking up of any property that has been noninheritable by, or acquire the possession of, a person by any unfair means that, or in any manner, contrary to law; or
(c) any law concerning the acquisition, administration or disposal of any property that is or is deemed to be enemy property or migrant property underneath any law (not being property that has ceased to be migrant property underneath any law); or
(d) any law providing for the taking up of the management of any property by the State for a restricted amount, either within the public interest or so as to secure the right management of the property, or for the advantage of its owner; or
(e) any law providing for the acquisition of any category of property for the aim of
(i) providing education and treatment to any or all or any such that category of voters or
(ii) providing housing and public facilities and services like roads, water, sewerage, gas and wattage to any or all or any such that category of citizens; or
(iii) providing maintenance to people who, on account of the state, sickness, unfitness or maturity, square measure unable to take care of themselves; or
(f) any existing law or any law created in pursuance of Article 253.
(4) The adequacy or otherwise of any compensation provided for by any such law as is stated during this Article, or determined in pursuance thence, shall not be known as in question in any court.
25 Equality of voters.
(1) All voters square measure equal before law and square measure entitled to equal protection of law.
(2) There shall be no discrimination on the idea of sex thirty-five 35.
(3) Nothing during this Article shall stop the State from creating any special provision for the protection of girls and kids.
36[
25A. Right to education:
The State shall offer free and required education to any or all youngsters of the age of 5 to sixteen years in such manner as could also be determined by law.
] 36
26. equity in respect of access to public places.
(1) In respect of access to places of public amusement or resort not meant for spiritual functions solely, there shall be no discrimination against any subject on the bottom solely of race, religion, caste, sex, residence or place of birth.
(2) Nothing in clause (1) shall stop the State from creating any special provision for girls and kids.
27. Safeguard against discrimination in services.
(1) No subject otherwise qualified for an appointment within the service of West Pakistan shall be discriminated against in respect of any such appointment on the bottom solely of race, religion, caste, sex, residence or place of birth:
Provided that, for an amount not surpassing thirty-seven [forty] 37 years from the commencing day, posts could also be reserved for personal happiness to any category or space to secure their adequate illustration within the service of Pakistan:
Provided more that, within the interest of the same service, such that posts or services could also be reserved for members of either sex if such posts or services entail the performance of duties and functions that can not be adequately performed by members of the opposite sex thirty-nine[:] 39
40[Provided conjointly that under-representation of associate category or space within the service of West Pakistan could also be redressed in such manner as could also be determined by an Act of Majlis-e-Shoora (Parliament).] 40
(2) Nothing in clause (1) shall stop any Provincial Government, or any native or alternative authority in a very Province, from prescribing, in respect to any post or category of service thereunder Government or authority, conditions on residence within the Province. for an amount not surpassing 3 years, before appointment thereunder Government or authority Sindh zameen.
28 Preservation of language, script and culture.
Subject to Article 251 any section of voters having a definite language, script or culture shall have the proper to preserve and promote constant and subject to law, establish establishments for that purpose.
0 Comments