Appendix 1

Whereas, I, General Muhammad Zia- ul- Haq, Chief of the Army Staff have proclaimed Martial Law throughout Pakistan and assumed the office of Chief Martial Law Administrator, hereby order and proclaim as follows:

(a) the Constitution of the Islamic Republic of Pakistan shall remain in abeyance;

 

(b) the National Assembly, the Senate and the Provincial Assemblies, shall stand dissolved;

 

(c) the Prime Minister, the Federal Ministers, Ministers of State, Advisers to the Prime Minister, the Speaker and Deputy Speaker of the National Assembly and the Provincial Assemblies, the Chairman and Deputy Chairman of the Senate, the Provincial Governors, the Provincial Chief Ministers and the Provincial Ministers shall cease to hold office;

 

(d) the President of Pakistan shall continue in office; and

 

(e) the whole of Pakistan will come under Martial Law.

Appendix 2

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Order:

1. (1) The Order may be called the Laws (Continuance in Force) Order, 1977.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. (1) Notwithstanding the abeyance of the provisions of the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, Pakistan, shall, subject to this Order and any Order made by the President and any Martial Law Regulation or Martial Law Order made by the Chief Martial Law Administrator be governed as nearly as may be, in accordance with the Constitution.

 

Explanation. In this Order the term "Constitution" shall be so construed as if

 

(a) In clause (3) of Article 175 of the Constitution for the words "five years" the words "twelve years" were substituted; and

(b) Articles 179, 195 and 199 of the Constitution had not been amended by any of the Acts amending it except the Constitution (First Amendment) Act, 1974 (XXXIII of 1974).

(2) Subject as aforesaid, all courts in existence immediately before the commencement of this Order shall continue to function and to exercise their respective powers and jurisdictions:

Provided that the Supreme Court or a High Court shall not have the power to make any order of the nature mentioned in Article 199 of the Constitution against the Chief Martial Law Administrator or a Martial Law Administrator or any person exercising powers or jurisdiction under the authority of either.

(3) The Fundamental Rights conferred by Chapter 1 of Part II of the Constitution, and all proceedings pending in any Court, insofar as they are or the enforcement of any of those Rights, shall stand suspended.

2-A. Notwithstanding anything contained in Article 2 an interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in the Schedule or relates to, or is connected with, assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months, following the day on which it is made, unless the case is finally decided, or the interim order is withdrawn, by the Court earlier.

 

3. (1) The President shall, except where he is himself the Chief Martial Law Administrator act on, and in accordance with, the advice of the Chief Martial Law Administrator.

 

(2) The Governor of a Province shall except where he is himself the Martial Law Administrator for the Province act on, and in accordance with, the advice of the Martial Law Administrator appointed by the Chief Martial Law Administrator for the Province.

 

4. (1) No court, tribunal or other authority shall call or permit to be called in question the Proclamation of the fifth day of July, 1977, or any Order or Ordinance made in pursuance thereof or any Martial Law Regulation or Martial Law Order.

 

(2) No judgment, decree, writ, order or process whatsoever shall be made or issued by a court or tribunal against the Chief Martial Law Administrator or any Martial Law authority exercising powers or jurisdiction under the authority of the Chief Martial Law Administrator.

 

5. (1) Notwithstanding the abeyance of the provisions of the Constitution, but subject to any Order of the President or Martial Law Regulation or Martial Law Order made by the Chief Martial Law Administrator all laws, other than the Constitution and all Ordinances, Orders-in-Council, Orders made by the President, Rules, By-laws, Regulations, Notifications and other legal instruments in force in Pakistan or any part thereof, having extraterritorial validity, shall so far as may be and with such adaptations as the President may see fit to make, continue in force until altered, amended or repealed by competent authority.

 

(2) In clause (1), "in force" in relation to any law means having effect as law whether or not the law has been brought into operation.

 

6. Subject to clause (2) of Article 3, the powers of a Governor shall be those which he would have had, had the Federal Government directed him to assume on its behalf all the functions of the Government of the Province under the Provisions of Article 232 of the Constitution.

 

7. (1) An Ordinance promulgated by the President or by the Governor of a Province shall not be subject to the limitation as to its duration prescribed in the Constitution.

 

(2) The provisions of clause (1) shall also apply to an Ordinance which was in force immediately before the commencement of this Order.

 

8. All persons who, immediately before the commencement of this Order, were in the service of Pakistan as defined in Article 260 of the Constitution, and those persons who immediately before such commencement were in office as Judges of the Supreme Court or a High Court or Auditor- General shall continue in the said service the same terms and conditions and shall enjoy the same privileges if any:

 

Provided that the incumbent of any office who would have retired from office in the absence of the amendment of the Constitution shall cease to hold office forthwith.

 

9. Any provision in any law, providing for the reference of a detention order to a Review Board shall be of no effect.

THE SCHEDULE
(Article 2-A)

I. President's Orders
1. The Acceding State (Property) Order, 1971 (P. O. No. 12 of 1971).
2. The Economic Reforms Order, 1972 (P. O. No. 1 of 1972).
 

II. Regulations
1. The Land Reforms Regulation, 1972
2. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.
3. The Economic Reforms (Protection of Industries) Regulation, 1972.
4. The Distribution of Property (Chitral) Regulation, 1974 (II of 1974).
5. The Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974).
6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) (Amendment) Regulation, 1975 (II of 1975).
7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment Regulation, 1976 (II of 1976).
 

III. Federal Acts
1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974).
2. The Land Reforms (Amendment) Act, 1975 (XXXX of 1975).
3. The Land Reforms (Amendment) Act, 1975 (LXXII of 1975).
4. The Flour Milling Control and Development Act, 1976 (LVII of 1976).
5. The Rice Milling Control and Development Act, 1976 (LVIII of 1976).
6. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).
7. The Land Reforms Act, 1977 (II of 1977).
 

IV. Provincial Acts
1. The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974).
2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment) Act, 1975 (Baluchistan Act VII of 1975).

V. Provincial Ordinance
The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.

Appendix 3

SRO 212(I)/85                                                                                                                                                  

In exercise of the powers conferred by Article 4 of the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), the President is pleased to appoint the tenth day of March, 1985, to be the day on which the provisions of the Constitution, as amended by the said Order, other than those specified below, shall come into force:

Article 6, 8 to 28 (both inclusive), clause (2) and 2( a) of Article 101, Articles 199, 213 to 216 (both inclusive) and 270- A.

Appendix 4

SRO 1278(I)/85                                                                                                                                                 

In exercise of the powers conferred by Article 4 of the Revival of the Constitution of 1973 Order, 1985, (P. O. No. 14 of 1985), the President is pleased to appoint the day on which the proclamation of the fifth day of July, 1977, is revoked to be the day on which the following provisions of the Constitution, as amended by the said Order, shall come into force namely:

Articles 6, 8 to 28 (both inclusive), clause (2) and 2( a) of Article 101, Articles 199, 213 to 216 (both inclusive) and 270- A.

Appendix 5

SRO 1279(I)/85                                                                                                               

In exercise of the powers conferred by entry 45 in the Schedule to the Revival of the Constitution of 1973 Order (P. O. No. 14 of 1985), the President is pleased to appoint the day on which the proclamation of the fifth day of July, 1977, is revoked to be the day on which Article 212- A of the Constitution of the Islamic Republic of Pakistan shall stand omitted

Appendix 6

Whereas Martial Law was imposed throughout Pakistan by the Proclamation of the fifth day of July, 1977;

And Whereas the Chief of the Army Staff and the Chief Martial Law Administrator promised to lift Martial Law after the revival of democracy, and restoration of representative institutions;

And Whereas after the General Elections held as promised, the Majlis-e-Shoora (Parliament) and the Provincial Assemblies consisting of the elected representatives of the people have been duly installed and are functioning;

And Whereas the Majlis-e-Shoora (Parliament) has passed the Constitution (Eighth Amendment) Act, 1985 to facilitate orderly transfer of power;

Now therefore, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the Chief of the Army Staff and the Chief Martial Law Administrator is pleased to make the following Proclamation:

1. The Laws (Continuance in Force) Order 1977 (C. M. L. A. Order No. 1 of 1977), the Provisional Constitution Order, 1981 (C. M. L. A. Order No. 1 of 1981) are hereby repealed, and the Proclamation of the fifth day of July, 1977, is hereby revoked.

2. The offices of the Chief Martial Law Administrator, the Martial Law Administrators and all other Martial law authorities and Military Courts appointed in pursuance of the aforesaid Proclamation are hereby abolished.

3. The power of the Chief Martial Law Administrator to issue Martial Law Regulations and Martial Law Orders and Constitutional Orders lapses, and there lapses also the power of any Martial Law authority subordinate to the Chief Martial Law Administrator to issue any order or to take any action whatsoever

Appendix 7

1. (1) This order may be called the Martial Law (Pending Proceedings) Order, 1985.

 

(2) It shall come into force at once.

 

2. In this order, unless there is anything repugnant in the subject or context;

 

(A) "Appointed Day" means the day on which the proclamation of the fifth day of July, 1977, is revoked;

 

(B) "Martial Law" means the Martial Law imposed by the proclamation of the fifth day of July, 1977;

 

(C) "Martial Law Authority" includes any person or body of persons or any court authorized by or under any Martial Law Regulation or Martial Law Order to perform any function or to exercise any power under such regulation or order; and

 

(D) "Martial Law Period" means the period commencing the fifth day of July, 1977, and ending on the day the proclamation of the fifth day of July, 1977, is revoked.

3. (1) All Martial Law Regulations and Martial Law Orders, made and promulgated on or after the fifth day of July, 1977, by the Chief Martial Law Administrator and all Martial Law Orders made and promulgated by the Martial Law Administrators of Zones A, B, C, D, and E as mentioned in MLO-3 notwithstanding its cancellation on or after the said day, other than those specified in the Schedule to this Order, shall stand canceled on the appointed day.

 

(2) In the Martial Law Orders and Martial Law Regulations specified in the Schedule to this Order, for the expression "The Chief Martial Law Administrator", the term "The President", for the expressions "a Martial Law Administrator", the term "The Governor concerned", and in case of Martial Law Administrator Zone 'E', the Force Commander Northern Areas, and for the expressions "Military Court" or "Special Military Court" or "Summary Military Court", the expression "Criminal Court of competent jurisdiction" shall stand substituted on the appointed day and the said Martial Law Regulations and Martial Law Orders shall have effect with such adaptations and modifications as the circumstances and the implementation of the said Martial Law Regulations and Martial Law Orders may require.

 

(3) Notwithstanding the cancellation of Martial Law Order No. 5 and Martial Law Regulation No. 14 contravention of any provision of a Martial Law Regulation or Martial Law Order specified in the Schedule shall continue to be punishable with the penalties specified in the said Martial Law Order No. 5 and Martial Law Regulation No. 14.

 

4. The cancellation of the Martial Law Regulations and Martial Law Orders, referred to in clause (1) of paragraph 3, shall not affect the previous operation thereof, and anything done, action taken, obligation, liability, penalty or punishment incurred, or proceedings commenced shall be deemed to have been properly and validly done, taken, incurred or commenced, as the case may be.

 

5. (1) Every case pending immediately before the appointed day before a Special Military Court or a Summary Military Court shall stand transferred to the criminal court which would have jurisdiction to try the offence constituted by the facts of that case under the ordinary law.

 

(2) A case transferred to a criminal court under subparagraph (1) shall be tried by it in accordance with the procedure applicable to the trial and transfer of such a case under the ordinary law.

 

6. (1) Every case which, having been decided and disposed of by a Special Military Court is, immediately before the appointed day, pending for confirmation of the findings or, the sentence, or of both and every petition or, application for review in respect thereof so pending, shall, on or after the appointed day, be confirmed, or dealt with and disposed of, as the case may be, by the President if the sentence passed by the Special Military Court is that of death or amputation of hand and, in other cases, by the Governor concerned, or the Force Commander Northern Areas as the case may be.

 

(2) Every case which, having been disposed of by a Summary Military Court is, immediately before the appointed day pending for counter-signature, and every petition or application or review in respect thereof so pending, shall on or after the appointed day, be counter- signed or dealt with and disposed of, by the Governor concerned, or the Force Commander Northern Areas as the case may be.

 

7. (1) Any person who deems himself aggrieved by the sentence passed by a Military Court may submit a petition to the President, if the sentence is one of death or amputation of hand and, in all other cases, to the Governor of the Province concerned or the Force Commander Northern Areas in case of Zone E.

 

(2) On such a petition, the President or, as the case may be, the Governor, or the Force Commander Northern Areas may annul the proceedings or, with or without any conditions, grant pardon or remit, reduce, commute or suspend any sentence or reject the petition:

 

Provided that a Governor or, the Force Commander Northern Areas, as the case may be, shall exercise the powers under this subparagraph subject to the prior approval of the President.

 

8. (1) Every sentence of death passed during the Martial Law period by a Special Military Court which was not promulgated and executed during the Martial Law period may be promulgated and executed under the order of the Provincial Government.

 

(2) Every sentence of imprisonment passed during the Martial Law period by a Special Military Court or a Summary Military Court which was not put into execution during the Martial Law period may be put into execution under the warrant of the District Magistrate of the district in which the person under sentence may be found; and every such sentence shall commence to run on the day on which the person under sentence is received into the prison to which he is committed by such warrant.

 

(3) Every sentence of fine passed during the Martial Law period by a Special Military Court or a Summary Military Court which was not carried out during that period may be carried out by the District Magistrate of the district in which the person under sentence resides, as if it were a sentence of fine imposed by him under the Code of Criminal Procedure, 1898 (Act V of 1898) provided that the provisions of Chapter XXIX of the said Code shall not apply to any such sentence.

 

9. For the disposal of cases under this Order the President or a Governor, or the Force Commander Northern Areas as the case may be, shall exercise the same powers and adopt and follow the same procedure as were exercised, adopted and followed by the Chief Martial Law Administrator or a Martial law Administrator before the appointed day subject to the provisions of this Order.

 

10. The provisions of this Order shall have effect notwithstanding the repeal of Martial Law Regulations or Martial Law Orders.

< Orders. Law Martial or Regulations of repeal the notwithstanding effect have shall Order this provisions The> 

SCHEDULE

(Article 3 (1))

Martial Law Orders issued by The C. M. L. A

Martial Law Orders issued by The MLAs

Zone "A"

Zone "B"

Zone "C"

Zone "D"

Martial Law Regulations Issued by The C. M. L. A.