বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (দ্বিতীয় খণ্ড)/৬
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THE GAZETTE OF PAKISTAN.
EXTRA ORDINARY
PUBLISHED BY AUTHORITY
Karachi, Friday, August 7,1959
GOVERNMENT OF PAKISTAN
MINISTRY OF LAW
President's Order No. 13 of 1959.
THE ELECTIVE BODIES (DISQUALIFICATION) ORDER, 1959.
In pursuance of the Proclamation of the seventh day of October 1958 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Order:
1. Short title, extent and commencement.-(1) This Order may be called the Elective Bodies (Disqualification) Order. 1959.
(2) It extends to the whole of Pakistan, and applied to all citizen of Pakistan, not being citizens in the service of Government wherever they may be.
(3) It shall come into force at once and shall remain in force until the thirty-first day of December, 1960, whereupon it shall stand repealed.
2. Definitions.-In this Order, unless there is anything repugnant in the subject or context, -
- (a) “Appropriate Government" means, in relation to a Tribunal appointed by the President or named by him under clause (4) of Article 4. the President, and in other cases the Governor concerned;
- (b) “elective body" means any assembly, board, committee or similar other body, by whatever name called, established or to be established by or under any law. of which the constituent members are wholly or partly chosen by means of election, and includes a legislature, a municipal corporation, a municipal committee, a cantonment board, a district board, a notified area committee, a town area committee, a sanitary committee or any other local body or electoral college formed for election to a legislature;
- (c)"misconduct" refers to conduct after the fourteenth day of August, 1947, and includes any subversive activity, the preaching of any doctrine or the doing of any act which contributes to political instability, bribery, corruption or having a general and persistent reputation for being corrupt, jobbery, favouritism, nepotism, willful maladministration, willful misapplication or diversion of public moneys or moneys collected whether by public subscription or otherwise and any other abuse of whatsoever kind of power or position, and any attempt at, or abctment of, such misconduct;
- (d)"respondent" means the person in respect of whom a reference is made under clause (1) of Article 6; and
- (e)"Tribunal" means a Tribunal appointed under Article 3.
3. Appointment of Tribunals- (1) The President, the Governor of West Pakistan and the Governor of East Pakistan may each appoint, by notification in the official Gazette, one or more Tribunals for the purposes of this Order.
(2) Each such Tribunal shall consist of three members, one of whom shall be notified to be the Presiding Member:
Provided that the Presiding Member shall be a person who is or has been a Judge of the Supreme Court, the Federal Court, or a High Court, or a District and Sessions Judge who is or was qualified to be appointed as a Judge of a High Court.
(3) The Tribunals appointed as aforesaid shall respectively be known as the Central (Elective Bodies Disqualification) Tribunal, the West Pakistan (Elective Bodics Disqualification) Tribunal and the East Pakistan (Elective Bodies Disqualification) Tribunal.
4. Functions of Tribunals. - (1) Save as provided in clause (4), the Central (Elective Bodies Disqualification) Tribunal shall enquire into and report upon cases relating to the misconduct of-
(a) person who have held any office, post or position, including the membership of any clective body under, or in connection with the affairs of, the Federation; and
(b)persons ordinarily resident in the Federal Capital at the time of committing the misconduct, or at any time thereafter.
(2) Save as provided in clause (4), the West Pakistan (Elective Bodies Disqualification) Tribunal shall enquire into and report upon cases relating to the misconduct of-
- (a) persons who have, on or after the fourteenth day of October, 1955, held any office. post or position, including the membership of any elective body, in or in connection with the affairs of the Province of West Pakistan, or, before that day, in or in connection with the affairs of any of the Provinces, Acceding States or other areas, incorporated on that day into the said Province; and
- (b) persons ordinarily resident in or in the territories now comprising the Province of West Pakistan at the time of committing the misconduct, or at any time thereafter.
(3) Save as provided in clause (4), the East Pakistan (Elective Bodies Disqualification) Tribunal shall enquire into and report upon cases relating to the misconduct of-
- (a) Persons who have held any office, post or position including the membership of any elective body, in or in connection with the affairs of the Province of East Pakistan or East Bengal; and
- (b) Persons ordinarily resident in the aforesaid Province at the time of commiuing the misconduct, or at any time thereafter.
(4) Where, in pursuance of the provisions of clauses (1), (2) and (3), enquiry and report, as respects any person may be made by more than one Tribunal, by reason of his residence, or on account of the charges being related to more than one office, post or position, then, notwithstanding anything in this Order, the President may, on a reference by any of the Tribunals, or otherwise, name the Tribunal by which the enquiry and report shall be made on all the charges against such person.
5. Disqualification of certain persons.- (1) Notwithstanding anything contained in this Order, or in any other law, a person shall stand disqualified until the thirty first day of December 1966, for being a member or a candidate for the membership of any clective body. -
- (a) If he is dismissed, removed or made to retire from the service of Government or of a public statutory corporation, on a charge other than that of inefficiency; or
- (b) If an order under section 3 of the Security of Pakistan Act, 1952 (XXXV of 1952), or a similar order under any other law relating to the prevention of acts prejudicial to the defense, or the external affairs, or the security of Pakistan or any part thereof, or to the maintenance of supplies and ervices essential to the community or the maintenance of public order, has ever been made against him; or
- (c) If he was found guilty by the Federal Court, a High Court or a Tribunal under the Public and Representative Offices (Disqualification) Act, 1949; or
- (d) If he has been convicted of any offence and sentenced to a term of imprisonment for more than two years or to transportation for any term.
6. Reference to Tribunal. - (1) A Tribunal shall not proceed to enquire into any charge of misconduct except on a reference in writing made to it by such officer, committee or authority as the appropriate Government may, by notification in the official Gazette, appoint in this behalf. (2) On receiving a reference under clause (1), the Tribunal shall scrutinize the necessary records relating to the charge mentioned in the reference, and
- (a) If, as a result of such scrutiny, it is of the opinion that no charge can be cstablished, forward the reference to the appropriate Government together with its opinion thereon; and
- (b) In other cases, issue notice to the respondent requiring him to show cause why a recommendation should not be made against him under this Order.
(3) Nothing in sub-clause (a) of clause (2) shall bar any subsequent reference to the Tribunal.
7. Offer to retire from public life, etc.- (1) A notice under sub-clause (b) of clause (2) of Article 6 shall, among other things, contain an offer that the respondent may, if he so chooses, retire from public life until the thirty first day of December, 1966.
(2) If the respondent accepts the offer made under clause (1) further enquiry in respect of the charge against him shall be stopped forthwith, and he shall stand disqualified until the thirty first day of December 1966, for being a member or a candidate for the membership of any elective body.
8. Enquiry by Tribunal, etc.- (1) If the respondent does not accept the offer made to him under clause (1) of Article 7, the Tribunal shall, after such further scrutiny of records and such enquiry as it thinks fit, and after giving the respondent an opportunity of being heard, record its findings and report them to the appropriate Government, and in case the respondent is found guilty, the Tribunal shall also make its recommendation to the appropriate Government as regards the sum to be paid, or the action to be taken, by the respondent, for making good any loss which might have been caused by the misconduct of which he is found guilty.
(2) In case the respondent is found guilty, the appropriate Government shall pass an order disqualifying the respondent until the thirty first day of December. 1966, for being a member or a candidate for the membership of any elective body and may pass such further order or orders as regards the sum to be paid or the action to be taken by the respondent for making good any loss which might have been caused by the misconduct of which he is found guilty.
9. Powers of Tribunals.-A Tribunal shall have the power of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely, -
- (a) summoning and enforcing the attendance of any person and examining him on oath;
- (b) requiring the discovery and production of any documents;
- (c) receiving evidence on affidavits; and
- (c) issuing commissions for the examination of witnesses or documents. 10. Further Powers of Tribunals-(1) Tribunal shall have power to require any person, subject to any privileges which may be claimed by that person under any law for the time being in force, to furnish such information as in the opinion of the Tribunal, may be of assistance to it in the carrying out of its scrutiny.
(2) A Tribunal may, by an order in writing, direct any gazetted police officer to enter any building or place where it has reason to believe that any books of account or other documents (whether they have to do with accounts or not) relating to any matter before it may be found, and may in the said order direct him to seize such books or documents or to take copics thereof or of any part thereof, and the provisions of sections 102 and 103 of the Code of Criminal Procedure, 1898 (Act V of 1898), shall, so far as may be, apply to the proceedings of such officer.
(3) A Tribunal shall have the powers of a Iligh Court to punish its own contempt.
(4) The proceedings before a Tribunal shall be deemed to be judicial proceedings for the purposes of provisions contained in Chapter XI of the Pakistan Penal Code (Act XLV of 1860), in so far as they may be applicable.
(5) A Tribunal shall have the powers of a civil court trying a suit under the Code of Civil Procedure. 1908 (Act V of 1908), in respect of requisitioning any public record or copy thereof from any court or office.
11.Procedure to be followed by Tribunals.- (1) Notwithstanding anything contained in any law for the time being in force except the provisions of this Order and the rules made there under. a Tribunal shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit.
(2) Without prejudice to the generality of the foregoing clause, the Tribunal may refuse to examine any witness or summon any document in its discretion.
(3) The proceedings before the Tribunal shall be open to the public unless otherwise adjudged by the Tribunal.
(4) Whenever any respondent appears before a Tribunal he shall appeal personally and by himself and no friend or adviser or legal practitioner shall assist him during the proceedings.
12. Power to make rules.- The Central Government may, by notification in the official Gazette, make rules to carry out the purposes of this Order.
13. Bar of jurisdiction.- No provision of any rules made under this Order, and no order, proceeding, finding, report or recommendation of a Tribunal, and no order of the President or Governor made or purporting to have been made under this Order shall be questioned in any court.
14. Sums not paid recoverable as arrears of land revenue. -Any sum payable under Article 8 and not duly paid shall be recoverable as arrears of land revenue. 15. Provisions of this Order to be in addition to and not in derogation of other laws. The provisions of this Order shall be in addition to and not in derogation of any other law for the time being in force and nothing in this Order shall prevent or prejudice the trial and punishment of any person under any other such law.
The 6th August. 1959.
Joint Secretary.