AJ&K Revised Volume

THE AZAD KASHMIR ADAPTATION OF LAWS ACT, 1959

(Act I of 1959)
(Passed under Council Order No. 21/59 dated 12-1-1959).
Whereas it is necessary to adapt and to enforce certain
laws of Pakistan in the Azad Jammu and Kashmir Territory, it is
hereby enacted as follows :-
1. (i) This Act may be called the Azad Kashmir Adaptation of
Laws Act, 1959.
(ii) It shall extend to the whole of the Azad Jammu and
Kashmir Territory and shall come into force at once.
2. In this Act, unless there is anything repugnant in the
subject or context, the expression:-
(i) 'Government' shall mean the Azad Jammu and
Kashmir Government ;
(ii) 'Law' shall mean any proclamation, Act, Ordinance,
regulation, rule or order having the force of law;
(iii) 'Previous Law' shall mean a law in force in the Azad
Jammu and Kashmir Territory immediately before the
coming into force of this Act and corresponding to any
law adapted under this Act.
3. The laws of Pakistan as contained in the Schedule to this
Act and all rules, notifications and orders made
thereunder and in force immediately before the
commencement of this Act, are adapted and shall, as far
as practicable, be in force in the Azad Jammu and
Kashmir Territory subject to the modifications as stated
below:-
(i) All cases pending in Courts on the coming into force of
this Act, shall be tried and decided according to the
provisions of the previous law.
Explanation :- 'Pending case' shall include a case till its
final appellate or revisional stage ;
(ii) The expressions 'Government', 'Central Government',
'Provincial Government', 'Crown', 'President',
'Governor', or
any other expressions however worded, referring to
any Executive Government, shall, as far as practicable,
be construed to refer to the Azad Jammu and Kashmir
Government and references to Pakistan or any part of
Pakistan shall be construed to refer to the Azad
Jammu and Kashmir Territory ;
(iii) The expressions 'evacuee', 'evacuee property' 'refugee'
and 'foreigner' shall have the same meanings as are

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assigned to them under any previous law ;

1[(iv) " (a) References to 'Regional Transport Authority'
or 'Provincial Transport Authority' in the Motor
Vehicles Act, 1939, shall be construed as
references to 'Azad Kashmir Provincial Transport
Authority' constituted by the Government.
(b) The Azad Kashmir Provincial Transport Authority
constituted under sub-clause (a) shall consist of a Chairman and
such number of other members not exceeding three of whom at
least one shall be a non-official as the Government may think fit
to appoint; and the Chairman and the members of the Authority
shall hold office during the pleasure of the Government:
Provided that no person who has any financial
interest, whether as proprietor, employee or
otherwise in any transport undertaking, shall be
appointed as or continue as a member of the
Provincial Transport Authority, and, if any such
person being a member of the Authority, acquires a
financial interest in any transport undertaking, he
shall, within four weeks of so doing, give notice in
writing to the Government of the acquisition of
such interest and shall vacate office.".
(v) Notwithstanding anything contained to the
contrary in the Punjab Municipal Act or the rules
framed thereunder, the Deputy Commissioner and the
District Medical Officer shall, respectively, continue to
be the Ex-officio Chairman and Secretary of each,
Municipal Committee ;
(vi) The rates of taxes, fees and duties referred to in the
Central Excise and Salt Act, the West Pakistan
Entertainments Duty Act and the West Pakistan Motor
Vehicles Taxation Act or the rules framed thereunder,
shall be such as may be fixed by the Government from
time to time provided that the rates prevalent in Azad
Kashmir immediately before the commencement of this
Act shall continue till they are altered or modified ;
(vii) (a) The Income Tax Act, 1922, shall come into force
from the first day of April, 1959, alongwith the
rates of income-tax and super-tax as in force in
Pakistan on that date ;
(b) The rates of income-tax and super-tax referred to in

1Subs. by the Azad Kashmir Adaptation of Laws (Amdt.) Act, 1967 (Act II of 1967) dt.11-02-1967. The original extract of
Subsec.(iv) of section 3 of the Azad Kashmir Adaptation of Laws Act, 1959 is reproduced as under:-
“(iv) The expressions 'Regional Transport Authority' or 'Provincial Transport Authority' occurring in Motor Vehicles Act, shall be
construed to refer to the Inspector General of Police, Azad Jammu and Kashmir Government ;”

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the Income Tax Act, 1922, shall be laid down by

the Government for a particular financial year
provided that if no such rates are laid down by the
Government the rates in force in the preceding
year shall continue ;
1["(c) The Government may, by order, enforce in the State
amendments made and that may in future be made in
the Income Tax Act, 1922, or in the rate of Income-lax
and super-tax and other matters connected therewith
under any Finance Ordinance or other law relating
thereto, promulgated or that may in future be
promulgated by the Government of Pakistan from time
to time.]
(viii) The rules contained in the Punjab Jail Manual shall,
as far as practicable, apply to Jails to the extent of
their consistency with the Saws in force in Azad
Kashmir provided that the scale and description of diet
of prisoners shall be fixed by the inspector General of
Prisons with the previous sanction of the Government;
(ix) The West Pakistan Tobacco Vend Act, 1958, shall
apply to urban as well as rural areas;
4. The Laws of Pakistan referred to in Section 3 of this Act.
shall apply to the Azad Jammu and Kashmir Territory, as
they are in force in the part of West Pakistan formerly
known as the Punjab immediately before the
commencement of this Act Provided that if any of these
laws are not applicable to the said part it shall be in force
in the Azad Jammu and Kashmir Territory as it applies to
any other part of Pakistan.
5. The laws of Pakistan governing Coinage and Currency,
Savings Banks, Post Offices and Telegraphs established by
the Government of Pakistan shall be deemed to continue
to apply to the Azad Jammu and Kashmir Territory as the
corresponding British Indian Laws were applicable to the
Jammu and Kashmir State before August 14, 1947.
6. If immediately before the coming into force of this Act
there is in force in the Azad Kashmir Territory any taw
corresponding to any law adapted under this Act it shall,
subject to the other provisions of this Act, cease to have
effect on and from the date of the commencement of this
Act: provided that the provisions of this Act shall not
render invalid any thing duly done before the coming into
force of this Act under the provisions of any previous law.

1Add. by the Azad Kashmir Adaptation of Laws (Amdt.) Act, 1962 (Act III of 1962) dt. 27-6-1962

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7. If any difficulty or question arises in giving effect to the

provisions of this Act or in regard to the constructions to
be placed on any adaptation, the Government may, from
time to time, make such provisions or give such directions
as appear to it to be necessary for the purpose of removal
of such difficulty.
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SCHEDULE TO THE AZAD KASHMIR ADAPTION OF LAWS

ACT, 1959
(See Section 3)
1. Agriculturist's Loans Act (XVII of 1958) (West Pakistan).
2. Ancient Monuments Preservation Act (VII of 1904).
3. Arbitration Act (X of 1940).
4. Bankers' Books Evidence Act (XVIII of 1891).
5. Boilers Act (V of 1923).
6. Canal and Drainage Act (VIII of 1873).
7. Cantonments Act (II of 1924).
8. Carriers Act (II of 1865).
9. Cattle Trespass Act (I of 1871).
10. Central Excise and Salt Act (I of 1944).
11. Charitable and Religious Trust Act (XIV of 1920).
12. Charitable Endowment Act (VI of 1890).
13. Child Marriage Restraint Act (XIX of 1929).
14. Cinematograph Act (II of 1918).
15. Companies Act (VII of 1913).
16. Contempt of Courts Act (XII of 1926).
17. Contract Act (IX of 1872).
18. Co-operative Societies Act (II of 1912).
19. Copy-right Act (III of 1914).
20. Criminal Law Amendment Act (XIV of 1908).
21. Criminal Law Amendment Act (XXIII of 1932).
22. Criminal Law Amendment Act (XX of 1938).
23. Dangerous Drugs Act (II of 1930).
24. Destruction of Records Act (V of 1917).
25. Destructive Insects and Pests Act (II of 1914).
26. Dissolution of Muslim Marriages Act (VIII of 1939).
27. Development of Industries (Federal Control) Act (XIII of
1949).
28. Dramatic Performances Act (XIX of 1876).
29. Easements Act (V of 1882).
30. Electricity Act (IX of 1910).
31. Employers Liability Act (XXIV of 1938).

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32. Essential Supplies (Temporary Powers) Act (XXIV of 1946).

33. Explosives Act (IV of 1884).
34. Explosive Substances Act (VI of 1908).
35. Evacuee Property Multiple Allotments Act (VII of 1956).
36. Factories Act (XXV of 1934).
37. Fatal Accidents Act (XIII of 1855).
38. The Ferries Act (XVII of 1878).
39. Foreigners Act (XXXI of 1946).
40. General Clauses Act (X of 1897).
41. Glanders and Farcy Act (XIII of 1899).
42. Government Buildings Act (IV of 1899).
43. Government Management of Private Estates Act (X of
1892).
44. Guardians and Wards Act (VIII of 1890).
45. The Hoarding and Black Market Act (XXIX of 1948).
46. Identification of Prisoners Act (XXXIII of 1920)
47. Income Tax Act (XI of l922).
48. Insurance Act (IV of 1938).
49. Judicial Officers' Protection Act (XVIII of 1850).
50. Land Acquisition Act (I of 1894).
51. Land Acquisition (Mines ) Act (XVIII of 1885).
52. Land Improvement Loans Act (XIX of 1883).
53. Legal Representatives' Suits Act (XII of 1855),
54. Lepers Act (III of 1898).
55. Local Authorities Loans Act (IX of 1914).
56. Lunacy Act (IV of 1912).
57. Majority Act (IX of 1875).
58. Merchandise Marks Act (IV of 1889).
59. Motor Vehicles Act (IV of 1939).
60. Musalman Waqf Act (XIII of 1923).
61. Musalman Waqf Validating Act (VI of 1913).
62. Musalman Waqf Validating Act (XXXII of 1930).
63. Negotiable Instruments Act (XXVI of 1881).
64. Oaths Act (X of 1873).

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65. Official Secrets Act (XIX of 1923).

66. Opium Act (I of 1878).
67. Partition Act (IV of 1893).
68. Partnership Act (IX of 1932).
69. Patents and Designs Act (II of 1911).
70. Petroleum Act (XXX of 1934).
71. Poison Act (XII of 1919).
72. Police (Incitement to Disaffection) Act (XXII of 1922).
73. Press and Registration of Books Act (XXV of 1867).
74. Press (Emergency Powers) Act (XXIII of 1931).
75. Prevention of Cruelty to Animals Act (XI of 1890).
76. Prevention of Seditious Meetings Act (X of 1911).
77. Prisoners Act (III of 1900).
78. Prisons Act (IX of 1894).
79. Provincial Insolvency Act (V of 1920).
80. Provincial Small Causes Courts Act (IX of 1887).
81. Public Accountants Default Act (XII of 1850).
82. Public Gambling Act (II of 1867).
83. Public Servants (Enquiries) Act (XXXVII of 1850).
84. Pakistan Administration of Evacuee Property Act (XII of
1957).
85. Pakistan Commissions of Inquiry Act (VI of 1956).
86. Pakistan Rehabilitation Act (XVII of 1956).
87. Registration Act (XVI of 1908).
88. Registration of Foreigners Act (XVI of 1939).
89. Religious Endowments Act (XX of 1863).
90. Religious Societies Act (I of 1880).
91. Sarais Act (XXII of 1867).
92. Sales of Goods Act (III of 1930).
93. Societies Registration Act (XXI of 1860).
94. Soldiers (Litigation) Act (IV of 1925).
95. Specific Relief Act (I of 1877).
96. Stage Carriages Act (XVI of 1861).
97. Stamp Act (II of 1899).

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98. Suits Valuation Act (VII of 1887).

99. Trade Marks Act (V of 1940).
100. Transfer of Property Act (IV of 1882).
101. Treasure-trove Act (VI of 1878).
102. Trusts Act (II of 1882).
103. Usurious Loans Act (X of 1918).
104. Vaccination Act (XIII of 1880).
105. Whipping Act (IV of 1909).
106. Wireless Telegraphy Act (XVII of 1933).
107. Workmen's Compensation Act (VII of 1923).
108. Punjab Court of Wards Act (II of 1903).
109. Punjab Industrial Loans Act (I of 1923).
110. Punjab Javenile Smoking Act (VII of 1918).
111. Punjab Land Preservation (Chos) Act (II of 1900).
112. Punjab Municipal Act (III of 1911).
113. Punjab Prohibition of Opium Smoking Act (XIII of 1953).
114. Punjab Pure Food Act (VIII of 1929).
115. Redemption of Mortgages (Punjab) Act (II of 1913).
116. Punjab Small Towns Act (II of 1922).
117. Punjab Village and Small Towns Patrol Act (VIII of 1918).
118. Punjab Police Rules.
119. Punjab Consolidation of Holdings Act, 1936.
120. State Aid to Industries Act, 1935.
1[121. ‘The West Pakistan Control of Goondas Ordinance (XXXV
of 1959)’.]

122. Punjab Conservation of Cattle (Meatless Days) Act, 1954

(XVII of 1955).
123. Punjab Essential Articles Act, 1953 (V of 1953).
124. Punjab Articles of Daily-Use Act, 1953 (VI of 1953).
125. Punjab Town Improvement Act (IV of 1922).

1Subs. by the Azad Kashmir Adaptation of Laws Amendment Act, 1961 (Act VII of 1961) dt. 23-11-1961 The original extrat of No. 121 is reproduced as :-
“121-West Pakistan Control of Goondas Ordinance, (XXXV of 1959) Substituted by "Punjab Control of Goondas Act (XIV of 1951)"
by Government Order No. 490/61 dated 23-11-61”

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126. Punjab Highways Act (VI of 1948).

127. Rules under the Arms Act.
128. Punjab Village Panchayats Act.
129. The Punjab Excise Act (I of 1914).
130. The Punjab Motor Spirit (Taxation of Sales) Act (I of 1939).
131. Punjab Jail Manual.
132. West Pakistan Department Enquiries (Powers) Act, 1958.
133. West Pakistan Entertainments Duty Act (X of 1958).
134. West Pakistan Epidemic Diseases Act, 1958 (XXXVI of
1958).
135. West Pakistan Essential Services (Maintenance) Act,
(XXXIV of 1958).
136. West Pakistan Motor Vehicles Taxation Act (XXXII of
1958),
137. West Pakistan Requisitioning of Immovable Property
(Temporary Powers) Act (VII of 1956).
138. West Pakistan Drugs Extension Act, 1958 (XIV of 1958).
139. West Pakistan Foodstuffs Control Act (XX of 1958).
140. West Pakistan Tobacco Vend Act (XXXVIII of 1958).
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