Nature of Adminstrative Law

‫ﺑﺴﻢ ﷲ اﻟﺮ ّﺣﻤﻦ اﻟﺮ ّﺣﯿﻢ‬
ۡ‫ﻠﯽ َرُﺳۡﻮِﻟِہ اۡﻟَﮑِﺮﯾِﻢ‬

ٰ ‫ﺼﻠﱢﯽ َﻋ‬
َ ُ‫َﻧۡﺤَﻤُﺪٗه َو ﻧ‬
ROLE OF PUBLIC POLICY

IN THE INTERPRETATION OF STATUTES
[Justice ® Dr. Munir Ahmad Mughal]
Introduction
Interpretation of Statutes is the subject of the domain of Judiciary. In a democratic set up

where there is separation of powers the three organs of the State, namely, the Legislature,
the Executive and the Judiciary are to remain independent of each other each performing
its constitutional role independently. By observance of this principle the grace and glory
of the rule of law brings confidence and transparency in the working of the said organs
with the result that the entire system works well for the welfare of the people.
KINDS OF AIDS IN INTERPRETATION AND CONSTRUCTION OF

STATUTUTES:
There are intrinsic and extrinsic aids in the interpretation and construction of statutes.
The intrinsic aids are the context, the preamble, the title, the Chapters, the sections, the
headings, the definitions, the repeal, the riding and the saving clauses.
The extrinsic aids in the interpretation and construction of statutes are contemporaneous
circumstances, the principle applied, the public policy, the motives and opinions of the
legislature and its members, the representative views, the Committee reports, the history
of the statute, contemporaneous construction and use, executive construction, legislative
construction, judicial construction. In this article only the public policy is focussed.
WHAT IS INTERPRETATION AND WHAT IS CONSTRUCTION OF

STATUTES?
Both are processes used by the Courts to know the legislative intent or true meaning of
the text of legislation. Interpretation is an effort to ascertain the meaning of a word found
in a statute, which when considered with the other words in the statute may reveal a
meaning different from the apparent when the word is considered abstractly or when
given its usual meaning. But when the Court goes beyond the language of the statute and
seeks the assistance of extrinsic aids in order to determine whether a given case falls
within the statute, it resorts to construction.1
Interpretation is the ascertainment, which the document would convey to a reasonable

person having all the background knowledge which would reasonably have been
available to the parties in the situation in which they were at the time of the contract.
1
Union Trust Company v. McGinity, 212 Mass. 216, 94 So. 163.
1
The very concept of interpretation connotes the introduction of elements which are
necessarily extrinsic to the words in the statute. Though the words “interpretation”and
“construction” are used interchangeably, the idea is somewhat different.
DUTY OF THE COURTS DURING CONSTRUING PROCESS OF ANY

STATUTE:
It is well settled that in construing the provisions of a statute the Courts should be slow to
adopt a construction which tends to make any part of the statute meaningless or
ineffective.
LATIN LEGAL MAXIMS ON INTERPRETATION:
1. Interpretare et concordare leges legibus est optimus inter pretandi modus [Lat.]
To interpret and to reconcile laws with laws is the best mode of interpretation. 2
2. Interpretatio chartarum beingne facienda est ut res magis valeat quam pereat [Lat.]
The construction of a deed is to be made liberally, that the thing may rather avail than
perish. 3
3. Interpretatio flenda est ut res magnis valeat wuam pereat:

The interpretation is to be made that the thing may rather stand than fall. 4
4. Interpretatio talis in ambiguis simper fienda est tu evitetur in convenience et

absurdum [Lat.]
In ambiguous things such an interpretation is to be made, that what is inconvenient and
absurd is avoided.5
5. Constructio legis non facit injurium:

The construction of the law does not do any injury. 6
WHAT IS POLICY AND WHAT IS PUBLIC POLICY?
Policy is the guidance or directive as to how, what, when, where, why, by whom, for
whom a lawful act is to be performed.
According to Black”s Law Dictionary “Policy means the general principle by which a
government is guided in his management of public affairs.”7
Wharton’s Pocket Law Dictionary has also given the same connotation of the word
policy:8
2
Wharton’s Pocket Law Dictionary, with exhaustive reference to Indian Case law, universal Law
Publishing Co., new Delhi, India 15th ed. (2010), p. 401; Black’s Law Dictionary, 9th ed West :(2009), p.
1839, annex B, Legal Maxims.
3
Ibid. p. 401.
4
Ibid. p. 401
5
Ibid. p. 401
6
Ibid. p. 182; See also Black’s Law Dictionary op cited, page 1823.
7
Black’s Law Dictionary, 9th ed. (2009), West USA, p. 1276.
2
When it is by an individual in his own capacity it is called a private policy.
According to Black’s Law Dictionary Public Policy has two connotations. (1) Broad and
(2) Narrow.
 “Broadly, public policy means principles and standards regarded by the
legislature or by the courts as being of fundamental concern to the state and the
whole of society. Courts some times use the term to justify their decisions, as
when declaring a contract void because it is “contrary to public policy.”___also
termed policy of law.
 The Policy of the law, or pubic policy, is a phrase of common use in estimating
the validity of contracts. Its history is obscure. It is most likely that agreement
which tended to restrain trade or to promote litigation were the first to elicit the
principle that the courts would look to the interests of the public in giving efficacy
to contracts. Wagers, while they continued to be legal, were a frequent provocate
of judicial ingenuity on this point, as is sufficiently shown by the case of Gilbert
v. Skyes [16 Eat 150 (1812)] … but it does not seem probable that the doctrine of
public policy began in the endeavour to elude their binding force. What ever may
have been its origin, it was applied very frequently, and not always with the
happiest results, during the later part of the eighteenth century and the
commencement of the nineteenth century. Modern decisions however, while
maintaining the duty of the courts to consider the public advantage, have tended
more and more to limit the sphere within which this duty may be exercised. 9
More narrowly, public policy is the principle that a person should not be allowed to do
anything that would tend to injure the public at large.10
Private means relating or belonging to an individual as opposed to the public or the

government.11
RELEVANCE AND IMPACT OF INSTABILITY OF AFFAIRS ON

APPLICATION OF PUBLIC POLICY IN THE MATTER OF
INTERPRETATION OR CONSTRUCTION OF STATUTES:
There is no cavil with an argument that affairs are never stable but instability of affairs
cannot become a bar to apply an instrument whereby consistency and uniformity can
come in the ultimate. Instability in affairs is also not a permanent thing. Its nature is that
how high the tides may be a time comes when it subsides and smoothness prevails and
prevails for sufficient long period. Merits and demerits are admitted on both sides but the
scale of stability is heavier than the scale of instability in the balance.
POLICY MAY BE GENERAL OR PARTICULAR, FIXED OR ELASTIC:
Policy may be general or particular, established or elastic according as to the situations to

be tackled in a wider perspective.
8
Ibid., p. 574.
9
William Anson, Principles of the Law of Contract 286 (Arthur: L Corbin ed. 3rd Am. Ed. 1919.).
10
Black’s Law Dictionary, op cit. p. 1351.
11
Ibid. p. 1315.
3
Earl T. Crawford says: “Inspite of authority to the contrary, the general policy of the
state, or the established policy of the legislature as revealed by its legislation generally,
should be considered in the construction of statutes. The view opposed to this principle is
based upon the premise that public policy is too unstable aground upon which to rely in
the interpretation of statutes. While this argument carries considerable weight, and
although it be admitted that public policy should not be controlling consideration or
perhaps entitled to great weight, where doubt exists regarding the meaning of a statute,
rather than to allow a miscarriage of the intention of the legislature when that intention is
in fact ascertainable, it would seem proper for the court to give the general policy of the
state some consideration. Nevertheless, if the legislature reveals intent to depart from the
existing public policy, that intent must be made effective; the court should not ignore or
override it. In other words, the general policy of the state should not be used as an excuse
for deviating from or for ignoring the intention of the legislature as expressed or revealed
in a specific statute.”12
WHAT IS THE PROPER SPHERE OF PUBLIC POLICY?
Perhaps the proper sphere of public policy in the interpretative process will appear from a
consideration of a few typical cases. 13
CASE OF GILBERT V. CRADDOCK (67 KAN, 346, 72 PAC. 869):
It was a case where the question arose whether a provision of the law had been repealed
by implication through the passage of a subsequent act; the court resorted to the prior law
in an attempt to ascertain the legislative policy, and declared:
“To be sure, the implication must be a necessary one. It may be drawn from public
policy; past acts; entire terms, purposes and scope of the act to be considered; the
inconvenience, inconsistencies and absurdities involved in the contrary consideration__
indeed, from all things found in the act, the conditions surrounding it, the history
attending to it, the purposes to be accompanied by it, and the policy dictating it.”
CASE OF BAYONNE TEXTILE CORPORATION V. SILK WORKERS (116 NJ

EQ. 146, 172 ATL. 551):
It was a case where the construction of the National Industrial Recovery Act was
involved; the Court relied upon the public policy of the state and observed:
“Labour unions, when instituted for mutual help and cooperation, and the attainment of
legitimate ends are lawful. They are necessary part of the social structure. They are a vital
12
Statutory Constructions, Interpretation o f Laws, Earl T. Crawford, Pakistan Law House (Reprint 1998)
with permission from Thomas Law Book Company, Saint Louis, p.371-72.
13
Quoted from Professor E.T. Crawford’s op cit. book from Paragraph 212. It is the best book on the
subject and its study is recommended to my students along with other books. They style is lucid and simple
and the references are complete.
4
force in our industrial system, and essential for the advancement of the public welfare.
The economic independence and security of labour are vital for the public order and
welfare. As we have quite recently pointed out, it has long been regarded as a proper
function of the state to foster the welfare and safeguard the interests of wage earners.
Economic and other considerations underlie this long established state policy….This
right, therefore, apart from its constitutional basis, is firmly imbedded in what has long
been regarded as sound public policy in treating with labour. And it is a well established
rule that, for the purposes of determining the meaning, but not the validity of a statute,
recourse may be had to considerations of public policy. While the statute is designed to
cope with the existent national emergency, said to be productive of widespread
unemployment and disorganization of industry, which burdens interstate and foreign
commerce” a purpose to disregard sound public policy must not be attributed to the law-
making power, except upon the most cogent evidence. The natural import of the words
employed in the statute, according to their common use, when applied to the subject
matter of the act, is to be considered as expressing the intention of the law-making body,
unless the intention so resulting from the ordinary import of the words be repugnant to
sound acknowledged principles of national policy. And if that intention be repugnant to
such principles of national policy, then the import of the words ought to be enlarged or
restrained so that it may comport with those principles, unless the legislative intention be
clearly and manifestly repugnant to them. There should be no greater modification of or
departure from the firmly established policy than the statute expressly declares. “It is not
lightly to be assumed that Congress intended to depart from a long-established policy.”
CASE OF REITER V. CHAPMAN (117 WASH, 392, 31 PAC. (2) 1005, 7):
It was a case where the Court gave public policy the controlling force when it observed:
“ While it is true that the courts may not amend a statute by adding words which do not
appear therein, still when a legislative policy clearly appears, in appropriate cases, that
policy will be considered in construing statutes presented for judicial interpretation.
The principle of giving notice of proposed public contracts is, broadly speaking, in public
interest, and when the legislative authority has indicated, as has that of this state, that it
has adopted the general policy of requiring that notice be given of proposed public
contracts, the courts will not ,by strict construction, narrow the scope of a statute and
limit its application in cases where such a construction is apparently against the
legislative policy.”
CASE OF TAYLOR’S WILL (55 III 252):
It was a case where the Court regarded the policy of the state as of high importance. The
court, construing the statute of descents and distribution, held that where a husband
makes a will, but makes no devise or bequest to his wife, his estate as to her, is intestate
to the extent of her legal claims, and that under the law it is not in the power of the
husband to dispose of his estate as to deprive his widow of the third of the personal
property remaining after the payment of his debts, and that there is one third of the realty
beyond his disposal by will, unless a devise or bequest to the wife be made therein, which
5
she is willing to and does accept. The Court in reviewing the history of the statute in
question in its attempt to locate the policy of the law said:
“These references comprise all the legislation upon this subject, from the earliest
foundation of civil government north-west of the river Ohio, to the present time, and
manifest, we think an eager desire on the part of the law-makers to provide some support
for the wife, in the event of her surviving her husband.”
Earl T. Crawford after quoting the above three precedents has written that undoubtedly,
so far as most of our important legislation is concerned, a rather legislative policy
extending over a period of years is discernible. Once that public or legislative policy has
been identified, it can obviously lend considerable assistance toward discovering the
meaning of a given statute. If over the period of time considered, there appear to be a
legislative effort to achieve a certain goal or end, a construction of the statute in the light
of that end or purpose will surely tend to reveal the legislative intent where it is in doubt.
It is logical to assume that the new legislation has been enacted as a continuation of the
existing legislative policy or as a new effort to perpetuate it or further advance it.14
Concluding the subject the writer of the book said:

“In most instances, the danger in relying on public policy as an aid in the interpretation of
statutes will be found to exist in the difficulty connected with its identification. Even
though such a policy exists, the task of discovering what it is, will usually be quite
tedious. One may actually be mistaken in its identity. Then, too, the legislative policy
may frequently change. But when the court is certain of the legislative policy, no real
reason can be urged against its use as an aid in the interpretative process. Indeed, if the
court should refuse or fail to utilize this aid under these circumstances, to that extent it
fails to exhaust every possible source of assistance. And any suggested interpretation
which is in harmony with the state’s public policy has a strong claim as representing the
legislative intention.15
PRINCIPLES OF POLICY AS CONTAINED IN PART II, CHAPTER 2 OF THE

PAKISTAN CONSTITUTION 1973
Principles of State Policy can always be called in aid for interpretation of any legal
provision or instrument. Interpretation which seeks to comply or advance Principles of
State Policy is always to be adopted as against interpretation which goes against such
Principles.16
Principles of Policy contained in Articles 29 to 40 of the Constitution of Islamic Republic
of Pakistan, 1973 when combined with Article 184 (3) and Article 2A do provide lawful
vehicle for interpretation, definition, refinement and enforcement of fundamental
rights.17
14
Statutory Constructions, Interpretation o f Laws, Earl T. Crawford, Pakistan Law House (Reprint 1998)
with permission from Thomas Law Book Company, Saint Louis, p.212-13.
15
Ibid. p.375.
16
PLD 1993 Karaci 83 (DB).
17
NLR 1993 SCJ 749.
6
Article 31 envisages the intent of the Constitution makers to provide facilities to the
Muslims of Pakistan to enable them individually and collectively, to order their lives in
accordance with the injunctions and requirements of Islam in the light of the injunctions
of the Holy Qur’an and Sunnah of the Messenger of Allah (‫وﺳﻠﻢ‬ ‫ﻋﻠﯿہ َو ٓا ِ ٖﻟہ َ َ ﱠ‬ ‫) َ ﱠ‬. It is
ِ ۡ َ ُ ‫ﺻﻠﯽ ﷲ‬
provided that the State shall endeavour:
(a) to make the teachings of the Holy Qur’an and Islamiyat compulsory;
(b) to secure correct and exact printing and publishing of the Holy Qur’an ;
(c) to promote unity and the observance of the Islamic moral standards; and
(d) to secure the proper organization of Zakat, auqaf and mosques.
No law repugnant to the Holy Qur’an and Sunnah of the Messenger of Allah ( ‫ﻋﻠﯿہ‬ ‫َﱠ‬
ِ ۡ َ ُ‫ﺻﻠﯽ ﷲ‬
‫ ) َو ٓا ِ ٖﻟہ َ َ ﱠ‬can be enacted and all existing laws have to be brought in conformity with the
‫وﺳﻠﻢ‬
injunctions of Islam as enunciated in the Holy Qur’an and Sunnah of the Messenger of
Allah (‫وﺳﻠﻢ‬ ‫ﻋﻠﯿہ َو ٓا ِ ٖﻟہ َ َ ﱠ‬ ‫ ) َ ﱠ‬. where existing laws or any provision thereof , on
ِ ۡ َ ُ‫ﺻﻠﯽ ﷲ‬
examination by the Federal Shari`at court are declared repugnant to the injunctions of
Islam, such laws or provisions thereof cease to have effect on the day on which the
decision of the Court takes effect.18
ARTICLE 227 OF THE CONSTITUTION:
Article 227 states that all existing laws shall be brought in conformity with the
injunctions of Islam as laid down in the Holy Qur’an and Sunnah of the Messenger
‫ﻋﻠﯿہ َو آ ِ ٖﻟہ َ َ ﱠ‬
of Allah (‫وﺳﻠﻢ‬ ‫) َ ﱠ‬, in this Part referred to as the Injunctions of Islam,
ِ ۡ َ ُ ‫ﺻﻠﯽ ﷲ‬
and no law shall be enacted which is repugnant to such injunctions.
CONSTITUTIONAL INSTITUTIONS TO SEE THE REPUGNANCY:
1. The legislature itself. It is the law-making body.

2. The Council of Islamic Ideology. It is an advisory and recommendatory
body.
3. The Federal Shari`at Court. It is the judicial forum or anvil to test any law
and if found repugnant to the injunctions of Islam to declare it so and set it
aside or give time to the legislature to set it right as judged by the Court
within the time granted by the Court.19
REPORTS AS TO THE IMPLEMENTATION OF THE STATE POLICY AS

GIVEN IN THE CONSTITUTION:
The respective Provincial Governments are to submit annually a report to their

provincial assemblies for consideration of the progress made by them in this behalf.
WHO ARE TO REGULATE POLICIES IN RESPECT OF VARIOUS SUBJECTS

IN THE FEDERAL LEGISLATIVE LIST AND THE CONCURRENT
LEGISLATIVE LIST?
18
PLD 2001 Supreme Court 18.
19
See PLD 1992 FSC 1; PLD 1996 Supreme Court 360; PLD 1992 FSC 398.
7
Article 70 of the Constitution, 1973 prescribes the legislative procedure. Its clause (4)
states: “In this Article and the succeeding provisions of the Constitution, “Federal
legislative List” and “Concurrent Legislative List” mean respectively the Federal
Legislative List and the Concurrent Legislative List in the Fourth Schedule.
While considering the scope of the powers of the Legislature it should be borne in mind
that it is recognized principle of Constitutional Law that except where limitation has been
imposed by the Constitution itself, the power of the Legislature to legislate on the
enumerated subjects is unlimited and practically absolute. There is no constraint or
limitation on the exercise of the power of the legislature in view of the provisions of
Article 70 (1) and (4) of the Constitution.20
In some cases the Constitution itself empowers a Constitutional institution “to formulate
and regulate policies in relation to certain matters” as has been done in the case of the
Council of Common Interests by virtue of Article 154(1) of the Constitution.
Another important Constitutional high powered body is the National Economic Council
constituted under article 156 of the Constitution, 1973. Under clause (2) of Article 156
the Constitution the National Economic Council shall review the over all economic
condition of the country and shall, for advising the Federal Government and the
Provincial Governments, formulate plans in respect of financial, commercial, social and
economic policies; and in formulating such plans, it shall be guided by the Principles of
Policy set out in chapter 2 of Part II of the Constitution.
National Judicial Policy has been made by the Supreme Court of Pakistan. 21
20
PLD 1988 Supreme Court 670.
21
PH: 051‐9208752
NATIONAL JUDICIAL POLICY MAKING COMMITTEE
SUPREME COURT BUILDING
CONSTITUTION AVENUE
ISLAMABAD
30
th
June, 2010
Press Release
National Judicial Policy 2009 has completed one year of its implementation on 31.5.2010.
During the one year of Policy (i.e. 01.06.2009 to 31.05.2010) the Supreme Court, Federal Shariat Court,
High Courts and District Judiciary has decided total of 30,93,658 cases. During this period 26,43,182
new cases were instituted. It means that the courts have decided 4,50,476 cases more than the cases
instituted during the period, which is a remarkable achievement. The performance of the District
Judiciary was excellent, the best performance was shown by the District Judiciary of Balochistan and
has decided 3932 of the old cases i.e. cases filed up to 31
st
December 2008 which is 97%. The District
Courts of Balochistan also decided 40436 new cases i.e. cases fiiled since January 2009 which is 87%.
Now it is in a position to decide each and every case within a period of just 6 to 8 months after its
institution. Likewise the District Judiciary of Punjab decided 661849 old cases which is 77% of backlog
and 1599913 new cases which is 70% of fresh institutions, the District Judiciary of Khyber
Pakhtoonkhwa decided 86740 old cases which is 76% of old cases and 253366 new cases which is 76%
and the Sub‐ordinate Courts of Province of Sindh decided 71832 old cases which is 73% and 193269
new cases which is 72% the District Judiciary achieved the targets set by the Policy.
8
These results have been achieved within the existing resources through effective
implementation of National Judicial Policy under the dynamic leadership of the Hon’ble Chief Justice of
Pakistan and through active support and cooperation of members of the Bar. Implementation of Policy
is directly monitored by the National Judicial (Policy Making) Committee comprising of the Chief
Justices of the superior courts. Similarly, increase of institution of cases indicates that people are
showing confidence in the judiciary for the protection of their rights and restoration of
claims/entitlements.
The National Judicial (Policy‐Making) Committee (NJPMC) reviewed the one year performance
of the Judiciary after implementation of Policy in Quetta under the Chairmanship of Hon’ble Chief
Justice of Pakistan. Being satisfied with the performance of judiciary, the Committee decided to extend
the period of disposal of old cases by six months upto 31.12.2010, however, old cases have been
categorized in (3) categories for prioritizing i.e. cases filed upto the year 2000 as oldest category,
casesfiled from 2001 to 2005 as older category and cases filed from 2006 to 31st December 2008 as old
category. Old cases will be decided as per this categorization by prioritizing the oldest cases to be
decided first nevertheless all categories cases will be decided up till 31st December 2010 positively.
Order XXVI of Civil Procedure Code provides for issuance of Commission for examination of
witness and recording of evidence. However, in fact these provisions were not applied frequently to
expedite the trial proceedings, the NJPMC resolved that for expeditious disposal of cases the Courts
may refer cases for recording of evidence through Commission subject to the consent of parties by
appointing the Advocate as a Commission. Accordingly, the mechanism has been applied and the
District Judiciary has decided a large number of cases through appointment of Commission. In its
meeting held at Quatta, the Committee reviewed the progress and appreciated that the trial courts are
employing these provisions successfully and its results are encouraging. To further streamline the
procedure of appointment of Commission the courts are directed that the procedure provided in the
CPC should be followed for appointments of commission. Furthermore the Judges are asked to ensure
full control on the proceedings and the evidence shall be recorded in the courtroom in his physical
presence. For this purpose each court must prepare/maintain a list of experienced and well reputed
lawyers to be appointed as Commissioners.
(Nasrullah Khan)
Deputy Secretary
National Judicial (Policy Making) Committee

Published by:
Secretariat, Law & Justice Commission of Pakistan,
Supreme Court Building, Islamabad
www.ljcp.gov.pk
National
Judicial Policy
A year for focus on Justice at the Grassroot Level
2009CONTENTS
1. Justice at the Grassroot Level The Chief Justice of Pakistan 1
2. Executive Summery Secretary, NJPMC 5
3. National Judicial Policy 11
a. Independence of Judiciary 11
b. Misconduct 13
c. Eradication of Corruption 14
d. Expeditious Disposal of Cases 16
• Short Term Measures 16
I Criminal Cases 16
ii Civil Cases 23
• Long Term Measures 28
4. Annexure 311
Justice at the Grassroot Level
The Chief Justice of Pakistan/Chairman, National Judicial (Policy
9
Making) Committee (NJPMC) in his introductory speeches and
remarks during the 4-day meeting (18–19 April & 16–17 May 2009)
of the NJPMC, made important observations, the substance of
which follows:
“The Meeting of the NJPMC has been convened at a critical moment
of our national history. There has occurred a gradual deterioration in
the law and order situation and parts of the country are
experiencing militancy and violence, causing the displacement of
hundreds of thousands of innocent people - men, women, children
and elderly. These are difficult times. We face existential threats. But
I do not think that the difficulties are insurmountable. We are a
tenacious nation, have demonstrated, more than once, our strength
and ability to face challenges. The lawyers' movement for
restoration of independent-minded judges and supremacy of
law/Constitution is a case in point. The movement for a grand cause
was thronged by enthusiastic groups including civil society
organisations, professional groups, political parties and students,
etc. In the evening of 15 March 2009, the movement transformed
itself into a mini-revolution. It demonstrated the agility and
determination of the masses to stand by the Constitution and
dispensation of power under this supreme law. It emboldened me to
say today, that together we could face challenges and convert them
into opportunities. I have full faith in the ability of the people to rise
to the occasion and chalk out a future course of action, based on
democratic values and constitutional principles.
The restoration of 3 November (2007) judiciary has ushered in a new
era: an era of hope that political dispensation in the country and
NATIONAL JUDICIAL POLICY governance shall be in accordance with the constitutional principles.
The people of Pakistan have reposed great confidence in the ability
of the judiciary to redress their grievances and grant them relief.
They have very high expectations of the courts to settle their
disputes, restore their rights/entitlements and maintain peace in
society by sending the guilty behind bars. I thank the people for
believing on us! We must strive to meet their expectations. This is
time to repay our debt to the nation. We could do so by addressing
the perennial twin-problems of “backlog” and “delays” in the system
of administration of justice. To achieve the objective, we need to
formulate new judicial policy. I had asked the Secretariat of the
NJPMC to prepare a framework of action for clearing the backlog
and expeditious disposal of cases. The draft is before you. Let us
examine it and evolve a strategy for the purpose. I want the active
participation of all stakeholders of the justice sector, essentially the
members of the bench and the bar and also related agencies viz
police/prison department and prosecution branch. The Policy that
we ultimately approve would be one that has broad ownership. That
is why extensive consultations have been carried out to get the
viewpoint of judges, lawyers, litigants and others.
The Policy seeks to achieve its objectives, by efficient utilisation of
existing resources. We have to operate by remaining within the
given legal/procedural framework. The laws are indeed time-tested.
Given earnest effort by the bench and the bar, I am confident of
achieving positive results. However, keeping in view the gigantic
effort new resources would be needed. We would be very
economical in the utilization of the needed resources. I am confident
that the Government will provide the requisite funds, as our effort is
10
to strengthen the administration and improve governance. It is
necessary for peace and secur i ty, thereby spur r ing
trade/commercial activities and foreign/local investment in the
economy. This is how, the industrialised countries progressed. This is
2
NATIONAL JUDICIAL POLICY 3
how, we can move forward. We could achieve the results by
establishing a society based on the supremacy of Constitution and
rule of law. Our aim is to provide Justice for All. I thank the members
of NJPMC for endorsing my proposal to celebrate 2009, as the year
for Justice at the Grassroot Level.
The key features of the National Judicial Policy are strengthening the
independence of the judiciary by its separation from the executive
and ridding the courts of the menace of corruption, thereby
presenting a clean and positive image of judiciary. In the Policy, we
have set high goals for ourselves. The goals are to initially reduce,
and ultimately eliminate, backlog at the level of superior as well as
subordinate courts, and further, to fix time frame for disposal of civil
and criminal cases. The criminal cases will get priority on account of
the sub-human conditions in which under-trial prisoners are kept in
jails. Writs for protection of fundamental rights i.e. right to life,
liberty, equality, property and freedom of thought, conscience,
association, etc will also be maintained on fast track. Furthermore,
financial/rent matters and family/juveniles cases will also receive
preference, which is crucial for economic development and
protection of family values.
In the ultimate analysis, the new Policy seeks to ensure that the
constitutional principles of equality before law and equal protection
of law are strictly adhered to. Adherence to law/Constitution leads
to nation building. It is a sure recipe for economic growth and social
progress. Law protects the rights/interests of poor/downtrodden
segments of society. It helps to break shackles of cruelty/injustice. It
puts an end to exploitation of the underdog by the rich/influential.
Let us strive to achieve the noble goals, set in the Policy. Let us infuse
confidence in the minds of our people that the system of
administration of justice is capable of meeting the challenges of time
and emerging realities. Let us make the judicial organ of the state as
a sheet anchor at the time of serious challenges. I have no doubt that
my brother Judges in the superior courts and judicial officers would
help and support us in our drive to steer the ship of the nation
through troubled waters. I am equally confident of the help and
support of the members of the bar. We have carried out very wide
consultations with them as well as other stakeholders. Their
valuable suggestions have been incorporated in the Policy. The
Policy will be launched effective from 1 June 2009 and will be
actively monitored by the NJPMC. I should continue to meet judges
and bar members for its smooth implementation”.
Justice Iftikhar Muhammad Chaudhry
Chief Justice of Pakistan
Executive Summary
The National Judicial Policy Making Committee (NJPMC) in 2
marathon sessions lasting over 4 days considered and approved a
uniform National Judicial Policy. The Policy is an attempt to
11
streamline the judicial system in the country and make it responsive
to the present-day requirements of society. The objective is to clear
the huge backlog that has accumulated over the years at all level of
judicial hierarchy. The current pendency of cases is as follows:
Superior judiciary Subordinate judiciary
As is obvious from the above table, there is huge backlog of cases
pending before courts, at all levels of judicial hierarchy. The figure
does not include the pendency before the special courts /
administrative tribunals, which is equally high. The backlog has
accumulated due to various reasons/factors but essentially it is due
to inadequate budgetary allocation. The gradual increase in
population as well as litigation has never been addressed through
appropriate development plans for expansion in infrastructure and
increase in strength and capacity of courts. Courts have
continuously suffered on account of shortage of funds. As is
manifest from the table below, budgetary allocation to judiciary is
negligible. Not even 1% of Federal/Provincial budget is allocated for
the third pillar of the State. No wonder then, the judges are overburdened. To quote an example, in the
Province of Punjab, an
average, the judicial officer has to deal with a cause list of 1668 cases
per day, which is humanly not possible. The problem of shortage of
funds, to some extent was addressed by the Access to Justice
i. Supreme Court of Pakistan 19055 i. Punjab 1225879
ii. Federal Shariat Court 2092 ii. Sindh 144942
iii. Lahore High Court 84704 iii. NWFP 187441
iv. High Court of Sindh 18571 iv. Balochistan 7664
v. Peshawar High Court 10363 Total 1565926
vi. High Court of Balochistan 4160
Total 138945
Programme of the Government of Pakistan but more needs to be
done. The Government must therefore address the problem of
shortage of funds to enable the judiciary to cope with the twinproblems of “backlog” and “delays”.
Statement Showing Budgetary Allocation and Strength of Judiciary in Pakistan
Sr.
No
Name of Court
Sanctioned
Strength
Working
Strength
Staff
Federal/ Provincial
Budget (In Rs.)
Allocation for
Judiciary
(In Rs.)
Percentage
of Total Rev.
/ Exp for the
Year 2008-09
BPS
1 to 16
BPS 17 &
above
12
Total
1 Supreme Court of Pakistan CJ + 29 CJ + 27 606 145 751 4,630,292,869,000 354,500,000 0.00765%
2 Federal Shariat Court CJ + 7 CJ + 4 190 64 254 4,630,292,869,000 82,408,000 0.001779%
3 Lahore High Court CJ + 59 CJ + 53 1249 349 1598 256,948,656,000 2,201,867,000 0.86%
4
Subordinate Judiciary:
36 36
10631 10631
i. Distt. & Sessions Judge
ii. Addl. Distt & Sessions Judge 290 261
iii. Senior Civil Judge 37 37
iv. Civil Judge / Judicial Magistrate 754 617
5 High Court of Sindh CJ + 39 CJ + 36 790 279 1069 180,987,200,000 1,234,504,000 0.68%
6
62 24
4242 - 4242
7 Peshawar High Court CJ + 19 CJ + 12 321 68 389 170,558,000,000.873 613,203,000 0.17%
8
24 20
3566 - 3566
9 High Court of Balochistan CJ + 10 CJ + 4 356 58 414 65,943,525,270 470,679,870 0.36%
10
24 17
1773 - 1773
iv. Civil Judge/Jud. Magis./Family Judges 124 69
v. Qazi/Member, Majlis-e-Shoora 42 35
-
The historical movement for restoration of independent-minded
judges, supremacy of the Constitution and rule of law, ultimately
triumphed. It led to heightened expectations of the public that the
judicial organ would promptly respond to their agonies and dispense
just ice to all and sundry. Conscious of the public
expectations/aspirations, the Chief Justice of Pakistan decided to
initiate the process of formulating a new judicial policy for
expediting trial proceedings. He assigned the task to the Secretariat
of NJPMC to devise an appropriate strategy and work plan for action.
The NJPMC is a statutory body the nation's apex judicial forum. It is
headed by the Chief Justice of Pakistan and comprises Chief Justice,
Federal Shariat Court and 4 Chief Justices of High Courts, as
members. The Secretary, Law and Justice Commission of Pakistan is
13
designated as the Secretary to the Committee. The Committee is
required, inter alia, to prepare and implement judicial policy for all
courts, tribunals and qasi-judicial institutions. The functions of the
Committee are:
1. Improving the capacity and performance of the
administration of justice;
2. Setting performance standards for judicial officers and
persons associated with performance of judicial and qasijudicial functions;
3. Improvement in the terms and conditions of service of
judicial officers and court staff, to ensure skilled and efficient
judiciary; and
4. Publication of the annual or periodic reports of the Supreme
Court, Federal Shariat Court, High Courts, courts
subordinate to High Courts, Administrative Courts and
Tribunals.
The Chief Justice of Pakistan/Chairman NJPMC convened a 2-day
session of the Committee on 18-19 April 2009 to consider a draft
providing for steps to strengthen judicial independence, check
corrupt practices in the judicial system and prioritize certain
categories of cases for expeditious disposal. The meeting lasted for
2-days; in one session, the representatives of the bar including Vice
Chairman, Pakistan Bar Council, Vice Chairmen, 4 Provincial Bar
Councils, President, Supreme Court Bar Association and Presidents,
all High Court Bar Associations were also invited. After thorough
deliberations, a draft report was approved. It was decided that the
approved draft will be circulated to all the relevant stakeholders of
the justice sector for getting their input. Accordingly, the draft policy
was forwarded to all judges of the Supreme Court, High Courts and
Subordinate Courts. Copies of the draft were also forwarded to the
President, Supreme Court Bar Association, all High Courts Bar
Associations, all District Bar Associations and all Tehsil Bar
Associations. Copies were also forwarded to Attorney General for
Pakistan, all Advocates General, all Prosecutors General, Secretary,
Law and Justice Division, Secretaries of 4 provincial Law
Departments, all Inspectors General of Police, all Inspectors General
of Prisons, members of the Law and Justice Commission of Pakistan,
etc. The Secretary, NJPMC also gave a press briefing to share the
draft report with the media and general public. The draft was also
placed on the LJCP website for input.
The draft National Judicial Policy was subjected to thorough analysis
at various fora. The members of the bar held in-house sessions to
discuss the report. The District & Sessions Judges convened
meetings of district judiciary alongwith representatives of the
District/Tehsil Bar and forwarded their recommendations to the
respective High Court. The Chief Justices of High Court held
consultations with the judges of the High Court, District & Sessions
Judges and representative of the High Court Bar Associations.
Similarly, consultations took place in the office of Attorney General
for Pakistan, Advocates General, Secretary, Law and Justice Division
and Law Departments, etc. The output of such deliberations was
forwarded to the Secretary, NJPMC. Many judges of superior courts,
members of the bar also contributed input ( list of
institutions/individuals from whom replies received is at Annexure).
14
The input/recommendations received from various fora/individual
members were examined and a comprehensive draft prepared. The
draft was initially discussed in a meeting, chaired by the Registrar,
Supreme Court/Secretary, NJPMC and attended by the Registrar of
the Federal Shariat Court and 4 High Courts. The Committee of
Registrars compiled a uniform policy draft for consideration. The
NJPMC considered the draft in its meeting on 16-17 May 2009. After
exhaustive deliberations lasting for 2 days, the Committee finally
approved the National Judicial Policy. The Committee decided that
the respective High Court would make strategies and prepare plans
for effective implementations of the Policy. The Policy will be
released on 30th May 2009 in a press briefing by the Registrar,
Supreme Court/Secretary NJPMC and come into force on 1st June
2009.
The thrust of the National Judicial Policy is to consolidate and
strengthen the independence of judiciary, thereby enabling the
Judicial Organ to exercise institutional and administrative
independence and judges to have decisional independence to
decide cases fairly and impartially. In this regard, important
decisions have been made including the determination of the Chief
Justices of High Courts to decline appointments as acting Governor
of the province and recall of all judges working in executive
departments of the Federal/Provincial governments. The Policy also
lays stress on proper conduct and judicial propriety, on the part of
judges, to maintain a clean image of the judiciary. Following the
repeated assertions of the Chief Justice of Pakistan to show “Zerotolerance for corruption in judiciary”,
the new Policy provides
several steps/measures to nab and punish corrupt judicial officers
and court staff. Greater vigilance will be exercised by the respective
Chief Justices in eradicating corruption in all its forms and
manifestations.
The Policy provides strategy and plans for the clearance of backlog,
expeditious resolution of disputes and quick dispensation of justice.
Particular attention is given to timely disposal of criminal cases
especially the cases of under-trial prisoners, languishing in jails.
Urgency has been accorded to cases involving violation of
fundamental rights and restraint on liberty/freedom of individual.
Therefore, bail matters will be quickly decided. Certain categories of
cases, having close nexus with economic development and good
governance, have been prioritized. It includes disputes pertaining to
trade, commerce, investment, taxes, duties etc. The family cases,
juvenile offences, rent matters, drugs/terrorism cases will also be
kept on fast track for quick disposal. The plan of action provides for
disposal of all pending cases within one year. Newly instituted cases
in the Supreme Court and High Courts will also be decided in one
year period from date of filing. The High Court and Subordinate
Courts in the province of Balochistan will be able to decide all
pending cases within six months and all fresh cases in six months
time from the date of institution. This is indeed a tall claim and
difficult goal but equally strong is the determination of the NJPMC to
honour its commitment to the nation. It would require gigantic
efforts and hard work but every effort will be made to achieve the
desired goals by full and effective utilization of existing resources.
However, where new resources are required, the government will be
15
approached for allocation of necessary funds for the purpose.
Dr. Faqir Hussain
Secretary
National Judicial Policy
A. INDEPENDENCE OF JUDICIARY
1) In future no chief justice or a judge of the superior court shall
accept appointment as acting Governor of a Province.
2) No retired judge of the superior court shall accept an
appointment which is lower to his status or dignity including
appointment as presiding officer of Banking Court, Customs
Court, Administrative Tribunal, etc.
The Committee asked the retired judges of the superior
judiciary to maintain the highest standards of decorum and
voluntarily relinquish the charge of such posts which are lower
to their status to earn respect in public and uphold the principle
of the independence of judiciary.
The Committee asked the Secretary, National Judicial (Policy
Making) Committee to write letters to the Secretary,
Establishment Division and Provincial Chief Secretaries to
relieve all such judges and may not make such appointments in
future.
3) Instead of appointing retired judges/judicial officers as
presiding officers of the special court/tribunal, qualified
serving judges be appointed against these posts, in
consultation with the Chief Justice of the High Court.
4) Posting of serving judges against executive posts in Federal
and Provincial Government Departments on deputation be
discontinued. All such judges should be repatriated to the
respective High Courts, where their services are needed most
for expeditious disposal of pending cases.
5) All special courts/tribunals under the administrative control
of Executive must be placed under the control and
supervision of the judiciary, their appointments/postings
should be made on the recommendation of the Chief Justice
of concerned High Court.
6) In future the judiciary would avoid its involvement in the
conduct of elections, as it distracts the judicial officers from
professional duty and complaints of corrupt practices tarnish
the image of judiciary.
The reputation of judiciary is at stake during election due to

involvement of vested interests groups, etc in corrupt
practices. On the other hand, it also adversely affects the
judicial functions of the courts. Even otherwise, the Conduct of
General Elections Order 2002, Representation of the People
Act, 1976 and Local Government Ordinance 2001 do not
contain any provision which requires that the elections are to
be held under the supervision of the Judiciary. Therefore, in
future, the Judiciary should remain aloof from the process of
election to focus on disposal of cases. However, in case of
request from the Government, the NJPMC would decide the
extent to which and form of help to be extended to
Government in the conduct of elections. The judiciary will
16
continue to extend support and cooperation in adjudication of
election related disputes/complaints as provided under the
law.
B. MISCONDUCT
The Judges of the superior courts should follow the Code of
Conduct prescribed for judges. They should take all steps necessary
to decide cases within the shortest possible time. As provided by
Article X of the Code of Conduct: “In his judicial work a Judge shall
take all steps to decide cases within the shortest time, controlling
effectively efforts made to prevent early disposal of cases and
make every endeavor to minimize suffering of litigants by deciding
cases expeditiously through proper written judgments. A judge
who is unmindful or indifferent towards this aspect of his duty is
not faithful to his work, which is a grave fault”. Hence, the Chief
Justice of concerned High Court may report cases of violation of
Code of Conduct including incidents of unusual delays/inefficient
performance to the Chairman, Supreme Judicial Council for action.
The prime duty of a judge is to present before the public a clean
image of judiciary. The oath of a judge implies complete submission
to the Constitution and under the Constitution to the law. Subject to
these governing obligations, his function of interpretation and
application of the Constitution and the law is to be discharged for
the maintenance of rule of law. To be a living embodiment of these
powers, functions and obligations call for possession of the highest
qualities of intellect and character. Equally, it imposes patterns of
behavior, which are the hallmark of distinction of a judge among his
fellow-men. Therefore, the Committee asked the Chief Justices to
report the violations of Code of Conduct to the Supreme Judicial
Council for appropriate action.
C. ERADICATION OF CORRUPTION
1) The code of conduct for subordinate judiciary, framed by the
Peshawar High Court and adopted by the Lahore High Court
should be considered for adoption by the High Courts of Sindh
and Balochistan.
2) The present mechanism for initiation of disciplinary action
against corrupt and inefficient judicial officers/court staff be
improved. In each High Court a Cell to be called “Cell for
Eradication of Corruption from Judiciary” may be established
in the office of Registrar, under the supervision of Chief
Justice of High Court to entertain complaints with credible
evidence. Copies of such complaints may also be forwarded
to the Registrar, Supreme Court of Pakistan. As regards the
officers/staff of the Supreme Court, a Judge shall be the
Incharge of such Cell.
3) Action should be initiated against those judicial officers/staff
that carry persistent reputation of being corrupt or have their
life style beyond ostensible means of income.
4) To guard against the evil of nepotism, favoritism, corrupt
means, etc, the MITs in High Courts may examine the
judgments of the judicial officers to detect incidents of
corruption/improper conduct. All the judicial officers of the
subordinate judiciary may be asked to send copies of the
judgments including bail/stay orders for scrutiny to MITs.
17
5) Surprise inspections be carried out by the Chief
Justices/judges of the High Courts to monitor the working of
subordinate judiciary. In this regard, Judges of the High Courts
be designated for each division/district on rotation basis.
6) The District and Sessions Judges should also report about the
corruption/misconduct of their subordinate judges.
7) The judge should himself write order sheets, interlocutory
orders and register petitions.
8) Appropriate criminal cases under the relevant provisions of
law may also be registered against the judicial officers/court
staff involved in corruption.
9) The corrupt judicial officers be made OSDs and kept against
their post for the purpose of drawing salary only and
disciplinary proceedings should be quickly finalized.
10) No judicial officer/official should be posted in home district
and those remained posted in a particular district beyond 3
years should be transferred to other district.
11) Naib Courts having completed 3 months attachment with a
court should be sent back to their parent department instead
of transferring them to other court by rotation.
12) The complaints of corrupt practices and professional
misconduct against lawyers addressed to the Chief Justice of
High Court should be forwarded to the Bar Council for action.
The Council should take immediate action on such complaints
under intimation to Registrars of the concerned High Court.
13) Incentives should be given to the honest, efficient and hard
working judicial officers including advance increments and
posting at stations of choice etc.
D. EXPEDITIOUS DISPOSAL OF CASES
SHORT TERM MEASURES
I. CRIMINAL CASES
1) In bailable cases, grant of bail is a statutory right of the
accused; therefore, the court before which the accused
appears or is brought may immediately release him on
bail, subject to furnishing of sureties as provided under
section 496 Cr.P.C.
2) Bail application under section 497 Cr.P.C. with
photocopy of the FIR, duly authenticated by the
Counsel, should be accepted and the court shall call for
record of the case on its own through Naib Court.
3) In bail matters, notice to State for production of record
shall not exceed beyond 3 days and all the Provincial
Police Officers/Inspectors General of Police shall issue
standing instructions to the concerned officers to ensure
production of record without delay.
4) Bail applications under section 497 of Cr.P.C. shall be
decided not beyond a period of 3 days by the Magistrate,
5 days by Court of Sessions and 7 days by the High Court.
To overcome the problem of congestion in Jails, the court
should exercise powers under section 497 Cr.P.C. keeping
in view the principles of grant of bail including the
principle that if the offence does not fall under the
purview of prohibitory clause, grant of bail is a rule and
18
refusal is an exception.
In case bail is rejected, the court should take all possible
measures for disposal of the case to reduce the chances of
filing of bail petitions before the higher courts. However,
where the accused desires to move the higher court, the
trial court should provide attested copies of all the
relevant documents to avoid the chance of requisitioning
of original record from the trial court which hinders the
disposal of case.
5) Applications for cancellation of bail under Sub-section
(5) of section 497 Cr.P.C. should be decided within 15
days by the courts including High Court.
Grant of bail or otherwise is the discretion of a court and
should be exercised diligently and once a bail is granted it
should not be withdrawn unless an opportunity is given to
the accused.
6) In Criminal Cases it is the duty of the police/investigating
agency to submit Challan (Police Report) within a period
of 14 days as contemplated in section 173 Cr.P.C. In case
of non-completion of investigation, an interim report
shall be submitted and in such cases, the court shall not
grant remand beyond 15 days period.
7) Non-completion of investigation and non-submission of
Challans in statutory period is a major cause of delays in
disposal of cases. Since, Police plays crucial role in
administration of justice, therefore, the District Police
Officers may be asked to ensure that the police should
conclude investigation and submit Challans within the
prescribed period of 14 days. They may be asked that the
SHOs who fail to comply with this statutory provision
should be treated as inefficient officer under the Police
Order and the court may also lodge complaint under
section 166 PPC against him. The DPOs should also
submit list of cases in which Challans are still pending for
want of investigation for inspection and passing
appropriate orders by the District and Sessions Judge.
8) No judge should grant remand in the absence of accused
and while granting remand should strictly adhere to the
relevant provisions of the Code of Criminal Procedure
and principles laid down in the Hakeem Mumtaz case
(PLD 2002 SC 590)
9) All criminal cases punishable with imprisonment for
upto 7 years registered after 1st January 2009 be kept on
fast track for disposal within 6 months.
For disposal of freshly instituted cases within the
stipulated period and to avoid piling of cases, there may
be practical difficulties but the same can be overcome by
extending court timings depending upon the workload.
The extended time could be utilized for writing
judgments, framing of charge and other miscellaneous
work.
10) All criminal cases punishable with imprisonment from 7
years and above including death cases shall be decided
19
within a period of 1 year.
Chapter XX and XXII-A of the Code of Criminal Procedure
1898 prescribe detailed procedure for trial of cases by
Magistrate and the Court of Sessions to ensure fair trial
for the accused. Since this procedure takes longer time,
therefore to finalize the proceedings, the following
measures should be adopted to cut short the delays:
a) On receipt of Challan, the court shall immediately fix
the case and issue production warrants/notice.
b) When the accused is brought or appears before the
court he should be provided with copies of
statements and relevant documents as provided
under section 241C and 265C Cr.P.C and be directed
to ensure presence of his Counsel on the next date
of hearing enabling the court to commence the trial.
c) Under section 173 Cr.P.C, it is the duty of the
concerned SHO/ Investigating Officer to produce
witnesses and case property before the court during
trial. Therefore, the court shall take all necessary
measures to bind the SHO/IOs to procure evidence
on the fixed date.
d) All efforts should be made to produce witnesses and
the case property on the first date of hearing.
E) If no case is made out or there is no probability of
accused being convicted, the accused should be
acquitted of the charge under Section 249-A or 265-
K CrPC, as the case may be.
f) The court shall not grant unnecessary adjournments
and if possible should proceed with the case on dayto-day basis.
g) The court shall take care that only relevant and
admissible evidence is recorded.
h) The District and Sessions Judges should hold
meetings with the jail authorities to ensue the
production of UTPs on the date of hearing to avoid
delays on account of non-production of prisoners.
i) The court should take strict action against the
parties or witnesses causing deliberate delays in
proceedings.
j) The judgments should be based on well founded
reasons and acumen so that it not only resolve the
disputes but also lessen the prospects of future
litigation.
k) Delay in disposal of criminal cases is mostly due to
the non-cooperation of relevant stakeholders of
justice sector namely, lawyers, police and prison
authorities; therefore, the court should ensure that
they may fulfill their legal obligations to minimize
delays and expedite trials.
11) Cases relating to preventive detention under section 107
read with section 151 Cr.P.C. should be decided as early
as possible by following the procedure as envisaged
under section 112, 117 and 118 Cr.P.C.
12) Production before court for remand/trial is a statutory
20
right of every prisoner; therefore, the District and
Sessions Judges should ask the jail authorities to ensure
that the prisoners must be produced before the court.
The District and Sessions Judges should also monitor
that while granting remand all requisite procedural
formalities are complied with.
Sub section (3) of section 167 Cr.P.C. requires that while
granting police remand reasons should be recorded for
doing so after scrutiny of record and under no
circumstances accused should be remanded to police
custody unless it is made clear that his presence is actually
needed for some specific purpose connected with the
completion of investigation. Moreover, sub section (4) of
section 167 Cr.P.C. requires the Magistrate to forward a
copy of remand order with reasons for making it to the
Sessions Judge. Strict compliance of this provision would
help the Sessions Judges to supervise the action of
Magistrates working under them.
Sect ion 344 Cr.P.C. empowers the Cour t to
postpone/adjourn the proceedings and remand the
accused person to judicial custody upto 15 days; however,
grant of judicial remand in routine on “Robkars” in
absence of accused person amounts to violation of law.
Therefore, it is recommended that adjournments should
not be granted unless necessitated in the interest of
justice and for the reasons beyond control.
13) In criminal cases, non-representation of accused by
Counsel is also a source of delay in trial, therefore, the
Chief Justices of High Courts, in consultation with the
Chairman of the Legal Aid Committee of the Provincial
Bar Councils or Pakistan Bar Council, may appoint
lawyer in such cases to avoid delay. In this regard a list of
the advocates should be maintained in each district so
that they can be appointed for provision of legal aid to
accused person who cannot afford to hire the services of
Counsels. However, prior to appointing any Counsel
option of selection from that list should be given to the
accused in the interest of justice.
14) To check the tendency of filing false and frivolous cases,
the court should take penal action against the party by
imposing fines under section 250 Cr.P.C. or filing
complaints under section 182 and 211 of the PPC.
In cases triable by a Magistrate, if the court discharges or
acquits all or any of the accused and is of the opinion that
the accusation against them or any of them was false or
frivolous, the court may acquit or discharge the accused
and may call upon the complainant/informant to show
cause as to why he should not pay compensation to the
accused. After considering the facts and circumstances of
the case the Magistrate may direct the complainant /
informant to pay to the accused a compensation not
exceeding rupees twenty five thousand. The
compensation payable under section 250 is recoverable
as arrears of land revenue.
21
If this provision of the law is enforced in its true sense, it
would certainly help to reduce the number of groundless
and frivolous complaints/ cases .However, in fixing the
amount of compensation, the court should carefully
consider the status of accused as well as that of the
complainant and the nature of accusation.
Besides, if it appears to a court that forgery or perjury has
been committed in relation to any proceeding before it
then the court can proceed against the defaulter under
section 476 Cr P.C. to vanish the impression that anyone
can abuse the process of law by falsehood or fabrication
and that too without any risk of prosecution. Before
prosecuting the accused it is essential for the court to
consider whether there is a reasonable probability for the
conviction and is it expedient in the interest of justice or
not?.
Under section 476 of the Cr.P.C. the court may itself take
cognizance of the offence and try it in accordance with
the procedure prescribed for summary trials in Chapter
XXII of the Code. However, if the court considers that the
accused should not be tried summarily under section 476,
it may after recording the facts constituting the offence
and statement of the accused forward the case to a court
competent for trial.
15) Under the Police Order 2002, the Police Complaints
Authorities and District Public Safety Commissions are
setup at various levels for enquiring into complaints
against police regarding misuse of authority, dishonest
investigation, negligence and inefficiency. Therefore, it
is needed that in appropriate cases the Presiding
Officers should make references to concerned
authorities for initiation of proceedings against the
delinquent police officers/officials.
16) Transfer applications under section 526 & 528 Cr.P.C,
miscellaneous applications like Supardari of vehicle and
disposal of property under chapter XLIII of the Code and
other applications arising out of interim orders should
be decided within 7 days.
17) In murder references under section 374 Cr.P.C, the
practice of printing paper books be discontinued and
photocopied books may be accepted so as to avoid
unnecessary delay in disposal of appeals for want of
printing of paper book
18) To address the issue of convicts including women
languishing in jails for want of payment of Diyat, Arsh &
Daman even after serving their entire period of sentence
of imprisonment, the Federal Government has already
framed Rules, called the Diyat, Arsh and Daman Fund
Rules 2007. However, despite lapse of considerable time
the benefits of this legislation have not trickled down to
the deserving convicts. Therefore, the Provincial Chief
Secretaries may be asked to consider the cases of such
convicts and make necessary arrangements for payment
22
on first come first-serve basis.
The provincial government may also explore possibilities
for creating other funds through Bait-ul-Maal, provincial
charitable endowment, if any, and donations. Such funds
shall be maintained under proper accounting/auditing
mechanism.
19) The Courts/Government should make use of the
Probation of Offender Ordinance 1960 as well as the
Good Conduct Prisoners Probation Release Act 1926 to
extend benefits of the said laws by releasing the
deserving convicts on parole/probation in accordance
with law.
For effective use of these legislations the Committee
recommended that:
a) The Probation and Parole Officers should be
activated and be asked to visit jails frequently for
conducting inquiry and submission of reports to
facilitate the courts and provincial governments to
consider the cases of deserving convicts.
b) The Provincial Home Departments should ensure
the presence of Probation and Parole Officers in jails
during the visits of the Sessions judges and judges of
the High Court.
c) The Registrar, Supreme Court/Secretary, NJPMC
may convene regular meetings of the Registrars of
the High Courts and Home Secretaries to evolve
strategies for effective enforcement of the aforesaid
laws.
D) In proper cases the Sessions judges should exercise
powers under Probation of Offender Ordinance
1960 or make recommendations to concerned
government to extend favour to the convicts /UTP
under Good Conduct Prisoners Probation Release
Act 1926, as the case may be.
20) The Registrars of High Courts should approach the Law
and Justice Division to know about the pending mercy
petitions and copy of the list shall be submitted to the
Registrar, Supreme Court, who shall take-up the matter
with the competent authority in consultation with the
Chief Justice Pakistan on priority basis. In case of
rejection of mercy petition, the Provincial Home
Secretaries should ensure completion of the process
without unnecessary delay to maintain the deterrent
effect of the sentence.
21) Emphasis should be given on quick disposal of Narcotics
and Anti Terrorism cases, cases of women and Juvenile
offenders etc.
For early disposal of ATA cases, the Committee
recommended that the judges of the High Courts and
Supreme Court be designated to monitor and ensure
compliance of guidelines laid down in case of Liaquat
Hussain vs. Federation of Pakistan (PLD 1999 SC 504).
22) To clear the backlog under different categories, special
23
benches should be constituted at Principal seat and
Branch Registries of Supreme Court and High Court to
decide current/old cases by placing the prioritized ones
on fast track.
NATIONAL JUDICIAL POLICY NATIONAL JUDICIAL POLICY
26
II. CIVIL CASES
1) Writ petitions under Article 199 of the Constitution should be
fixed for 'Katchi Peshi' on the next day of institution and be
disposed of as quickly as possible.
2) Writ petitions of the following categories if competent under
the law, should be decided within 60 days:
I. Pertaining to service disputes including promotion,
transfer and such other matters,
II. Relating to admission of students in professional
colleges and allied matters,
3) Stay matter under Order 39 rule 1&2 should be decided
within 15 days of grant of interim injunction and in case of
delay, the judicial officer should report reasons to the
concerned Chief Justice of the High Court through Registrar.
The Committee considered the issue of frequent grant of
temporary injunctions by the courts without realizing the
consequences and recommended that the following
instructions should be complied with strictly:
a) All Courts shall examine such applications critically and
ensure that the interlocutory injunctions should be
granted ex-parte only in very exceptional circumstances,
unless the plaintiff can convince the Court that by no
reasonable diligence could he have avoided the necessity
of applying for unilateral order.
b) Such injunctions should be limited to a minimum time
within which a defendant can come effectively before the
Court.
c) It should be noted that under Rule 2-A of Order 39, Code
of Civil Procedure, an interim injunction passed in the
absence of the defendant shall not ordinarily exceed 15
days, provided that such injunction may be extended for
failure of its service on the defendant when such failure is
not attributable to the plaintiff or when the defendant
seeks time for defence.
d) The Court should take greatest care to state exactly what
acts are restrained instead of copying the application,
and if only one or some of the acts are sought to be
restrained, the injunction should be confined to that and
should not hold on other acts to which the defendant can
possibly object.
e) When the defendant appears or files his reply/affidavit
then the court should immediately dispose of the matter
without any adjournment and if it is not possible the court
should take an undertaking from the defendant to be
restrained from doing any act complained about.
f) The Court should not allow the abuse of injunction by
common tactics such as non-service of process or
lingering on the period by seeking adjournments etc.
24
g) An order of Injunction made under Rule 1 or 2 of Order 39
after hearing the parties or after notice to the defendant
shall cease to have effect on the expiration of six months
unless extended by the Court after hearing the parties
again and for reasons to be recorded for such extension
and a report of such extension should be submitted to
the High Court.
4) The rent cases should be decided speedily within a period of 4
months.
It is noticed that the provisions of rent laws are not properly
understood, appreciated and applied in proceedings by the
Rent Controllers, therefore, the Committee asked for strict
compliance of guidelines given by the Supreme Court of
Pakistan in case reported in SCMR 2000 at page 556, which are
as under:-
a) Affidavits of not more than two witnesses in support of
the ejectment application shall be filed in the Court in
addition to the affidavit of the petitioner himself in
support of the contents of ejectment petition.
b) While replying to the ejectment application the
respondent shall be similarly required to submit his own
affidavit and affidavits of two other witnesses in support
of his affidavit on the date fixed in the notice served upon
him.
c) The parties shall be bound to produce their witnesses for
purpose of their respective cross-examination on the day
fixed by the Court.
d) A party obtaining the affidavits of the witnesses in
support of his petition / reply would be bound to produce
them in the Court for cross-examination and in case of its
failure to do so their evidence shall be excluded from
consideration.
e) Appeals against the interim orders of the Rent Controller
and resort to Constitutional jurisdiction, against orders at
intermediate stages arising out of the ejectment
proceedings, should be discouraged.
f) The Court should take serious view of the situation when
witnesses for cross-examination in support of their
affidavits deliberately avoid / evade appearance in Court.
g) Adjournment of ejectment petition should not be
allowed except under unavoidable circumstances on an
application moved by a party supported by affidavit. In
such cases also adjournment should not be made for a
period exceeding three days. Following the above
procedure in ejectment matters appears to be necessary
to achieve the goal of expeditious disposal of a case
within a period of three months particularly in respect of
residential tenements.
5) Appeals, Writ Petitions and other miscellaneous petitions
pertaining to rent matters should be decided in 60 days.
6) Revision petitions under CPC arising out of interlocutory
orders i.e. interim stay orders, misjoinder and non-joinder of
necessary parties, appointment of local commissioners and
25
non-payment of court fee should be decided within 3 months
subject to the maintainability of such petition.
7) Family cases should be decided within 3-6 months.
8) Civil appeals arising out of family cases, custody of minors,
guardianship cases, succession and insolvency cases, if
competent, shall be decided within 30 days and for any delay,
reasons should be furnished to the High Court.
9) Banking, tax, duty, levy and cess cases should be decided
within 6 months.
10) Civil Judges should decide review applications within 30 days
and the trial of new cases (instituted after 1st January 2009)
should be completed within 6 months.
11) Negotiable Instrument cases which are decided through
summary procedure as provided under Order XXXVII of the
Code of Civil Procedure 1908 should be decided in 90 days.
12) Priority should be given to women and juvenile cases for
quick disposal.
13) The Small Claims and Minor Offences Courts Ordinance 2002
should be applied in earnest. The High Courts should
designate civil judges cum magistrates to try exclusively cases
under said law. Such judicial officers be imparted training in
ADR. For this purpose a Committee of judges of the High
Courts headed by a judge of the Supreme Court would
arrange training in ADR for master trainers who would later
on train the remaining judges in provinces.
The Small Claims and Minor Offences Ordinance Courts 2002
has been promulgated for providing exclusive forum for
facilitating the resolution of small disputes. This law also
provides for ADR mechanism for facilitating the resolution and
settlement of disputes outside the court system. This could be
transformed into an excellent forum for addressing backlog of
cases, therefore, the High Courts should approach respective
provincial governments for establishment of more such courts
to deal with the cases under the provisions of Small Claims and
Minor Offence Courts Ordinance 2002 exclusively.
14) In the Supreme Court and High Courts, priority should be
given to dispose off old cases, except cases in which special
orders were passed by court for fixation of the cases on
specified dates.
15) To clear the backlog under different categories, special
benches should be constituted for each category on the
Principal seat and Branch Registry of the Supreme Court and
High Court. There should be a commitment of judges to
decide the old civil/criminal cases (filed upto 31 December
2008) within one year.
16) Priority should be given to the disposal of trade, commercial
and investment cases. Such cases should be managed on fast
track through establishment of designated courts and by
constituting special benches by High Courts and Supreme
Court.
17) Late issuance of cause lists by the High Courts creates
problems for lawyer/litigant and parties to appear in court on
short notice, which results in adjournments. Therefore, to
26
provide reasonable time to the parties to adjust their
schedule, the Supreme Court and High Courts should issue
their cause lists one month in advance
18) The District Judges should adopt such measures which ensure
handling of 50% of cases from backlog (filed up to 31
December 2008) and 50% from new cases (filed on 1st
January, 2009 and onward).
For early disposal of cases, the courts should adopt the
following measures:
a) To cope with the problem of increasing litigation, it is
necessary that the courts shall carefully scrutinize the
pleadings, record and dismiss/reject false, fictitious and
frivolous cases as provided under Code of Civil Procedure
1908.
b) The provision of Order 11 of the C.P.C. regarding discovery
and inspection should be applied properly to narrow
down the controversies as well as issues leading to
recording of statement of fewer and relevant witnesses.
c) The parties denying documents that may be proved later
should be burdened with costs incurred for proving that
document as well as incidental costs.
d) The courts should make use of section 89A C.P.C. to
resolve disputes through Alternate Dispute Resolution
NATIONAL JUDICIAL POLICY (ADR) including conciliation, mediation and arbitration or
any such other appropriate mode.
e) The plaintiff should be obligated to provide the
defendant's mailing address and telephone/ fax number.
f) The present strength of process serving agencies is
inadequate and should be appropriately increased and
alternate methods of service including courier service be
used as ordinary mode of effecting service.
g) The courts should take strict action against parties or
witnesses who cause deliberate delay, through
imposition of costs.
h) Execution proceedings should be completed quickly for
satisfying the decree.
i) The court should discourage frequent interlocutory
applications for concentration on disposal of cases as a
whole.
19) To check filing of false and frivolous cases the courts should
impose compensatory costs under section 35-A of the C.P.C.
Similarly on the patron of High Court of Sindh, the other High
Courts may also amend the relevant rules for incorporation of
a provision to impose a cost upto rupees one lac for false,
frivolous and vexatious litigation.
20) Civil and criminal functions of the court should be bifurcated
so that the judicial Officers can try criminal and civil cases
exclusively. For fuller comprehension of civil/criminal law and
experience, such judicial officers be rotated annually.
NATIONAL JUDICIAL POLICY
32LONG TERM MEASURES
1) The judges of High Courts should carryout inspections of
prisons periodically for ensuring compliance of Prison Rules
and giving on the spot remedy/relief to the deserving
prisoners in accordance with law.
27
2) The High Courts should frame an equitable, consistent and
coherent policy for sending the Judges to the permanent and
circuit benches so that every judge gets equal opportunity to
serve at the principal seat and benches. A Judge may not be
transferred just for hearing a particular case and thereafter
transferring him to other station, as this practice is against the
principle of independence of judiciary.
3) Necessary funds be provided by Government for
infrastructure support like construction of courtrooms,
amenities for lawyers/litigants parties. The strength of
judicial officers and administrative staff should be increased
to cope with rising trend of litigation in the country. Adequate
staff, library facilities and accessory equipment like
computers should also be made available to courts.
The Committee recommended the following:
a) The vacant posts in the subordinate courts should be
immediately filled and funds for creation of new
additional posts of Civil Judges cum Judicial Magistrates
may be acquired from respective governments.
b) Presently, judicial officers are appointed through
respective Provincial Public Service Commissions which
takes time. Keeping in view the emergent need of judges
to clear backlog, the High Courts should consider making
appointments on adhoc basis.
33c) The High Courts should utilize the Provincial Judicial
Development Fund (PJDF) to make available the essential
paraphernalia such as provision of furniture, law books,
typewriters and creating an integrating computer
network for access to information and material and
effective supervision/monitoring of the performance of
the subordinate courts.
d) The respective Provincial Governments may be
approached for grant of supplementary funds for the
construction of courtrooms, bar rooms, waiting rooms for
litigant parties and witnesses and residential
accommodation of judicial officers/court staff.
e) Upgrading and activation of judicial academies to arrange
pre and in-service training of the judicial officers and staff.
f) Seminars and workshop should be organized for judges to
have regular interaction and experience sharing with
other judges at provincial and national level.
4) Scattered courts are also one of the major causes of nonappearance of lawyers as it takes hours to
reach from one
court to another. Therefore, in the cities court complexes
should be constructed to accommodate all courts in one
premises.
5) Presently, some judges of the High Courts are performing
additional functions like Chairman, Environmental Protection
Tribunals, Labour Appellate Tribunals etc which affects the
working of the High Courts as a whole, therefore, it is decided
that the concerned Government may be asked to appoint
suitable persons against these positions instead of giving
additional charge to the High Court Judges.
28
346) The Government of Sindh in exercise of powers conferred
under section 59 of the Prisons Act 1894 has brought an
amendment in the Prisons Rules where-under the
condemned prisoners are not kept in death cells till final
decision on their appeals. Keeping in view the agonies of the
condemned prisoners detained in death cells, the Committee
directed that the Provincial Governments of Punjab,
Balochistan and NWFP should consider making similar
arrangements for taking out the condemned prisoners from
death cells and keeping them in barracks with adequate
security arrangements.
7) The Provincial Governments should realize the difficulties of
under resource and over congested jails and establish new
jails at district level or enhance the capacity of existing jails by
constructing new barracks duly equipped with necessary
amenities.
8) Non-production of prisoners before the Courts for trial due to
shortage of resources and cramped judicial lockups is a
major cause of delay in quick disposal of cases, therefore, the
Provincial Governments should equip the prison department
with necessary resources and increase the capacity of judicial
lockups by constructing additional rooms with necessary
facilities and security so that prisoners who are brought from
other Districts should be kept there to face their trial.
9) To address the problem of medical facilities to the inmates of
various jails, the Committee recommended that the Chief
Justices of the High Courts should hold meetings with the
Chief Secretaries and Finance/ Health Secretaries of the
provinces to chalk out policy for providing adequate medical
treatment facilities to the ailing prisoners.
10) The capacity and functioning of process serving agencies be
improved and for this purpose, the provincial governments
may be approached for funds.
3511) Computerization and networking should be introduced at all
levels of judicial hierarchy. By introducing specifically
designed software, the effectiveness of computers could be
enhanced to check and monitor the case flow and measuring
the qualitative and quantitative output of judicial officers.
Therefore, all the computers of a province should be
connected through web based networking so that data
transferring to MIT branch, High Court becomes easy.
12) Installation of Video Conferencing facility between the courts
and jails will also help the courts in early disposal of cases.
Therefore, High Courts should take initiatives for introducing
modern techniques and automation in the courts.
13) In the province of Punjab, the judicial officers of the
subordinate Judiciary are drawing additional judicial
allowances equal to three times of their salaries, therefore, it
is desirable that the judicial officers of all the provinces be
treated alike and disparity in their salaries and allowances be
removed.
14) The salary/allowances of court staff should also be suitably
increased.
Drafted by: Approved by:
29
-Sd- -Sd-
(Dr Faqir Hussain)
Secretary, NJPMC
(Justice Iftikhar Muhammad Chaudhry)
Chief Justice of Pakistan/Chairman, NJPMC
36Annexure
Institutions/Individuals from whom input received
1. Supreme Court of Pakistan.
2. Federal Shariat Court.
3. Lahore High Court.
4. High Court of Sindh.
5. Peshawar High Court.
6. High Court of Balochistan.
7. All District and Sessions Courts.
8. Mr. Justice Mian Shakir-ullah-Jan, Judge, Supreme Court of
Pakistan.
9. Mr. Justice Ijaz ul Hassan, Judge, Supreme Court.
10 Mr. Justice M Qaim Jan Khan, Judge, Supreme Court.
11. M r. Justice Zia Perwaiz, Judge, Supreme Court.
12. Mr. Justice Ghulam Rabbani, Judge, Supreme Court.
13. Mr. Justice Rashid Ahmed Jhalandari, Judge, Supreme Court.
14. Mr. Justice (R) Rana Bhagwandas. Member, LJCP.
15. Professor Jawad S. Khawaja. Member, LJCP.
16. Ms. Anis Haroon, Chairperson, National Commission on the
Status of Women/Member, LJCP.
17. Attorney General for Pakistan.
18. Ministry of Law & Justice, Govt. of Pakistan.
19. Law Department, Govt. of the Punjab.
20. Law Department, Govt. of Sindh.
3721. Law Department, Govt. of NWFP.
22. Law Department, Govt. of Balochistan.
23. Prosecutor General, Punjab.
24. Prosecutor General, Sindh.
25. Prosecutor General, N.W.F.P.
26. Advocate General, Punjab.
27. Advocate General, Sindh.
28. Advocate General, Balochistan.
29. Inspector General of Police, Punjab.
30. Inspector General of Police, Sindh.
31. Inspector General of Police, N.W.F.P.
32. Inspector General of Police, Balochistan.
33. Inspector General of Police, Islamabad.
34. Inspector General of Prisons, Punjab.
35. Inspector General of Prisons, Sindh.
36. Inspector General of Prisons, N.W.F.P.
37. Inspector General of Prisons, Balochistan.
38. Director General, Federal Investigation Agency, Islamabad.
39. Mr. Mahmood-ul Hassan, Vice Chairman, Sindh Bar Council,
Karachi.
40. Mr. Naeem Perwaiz, Secretary, NWFP Bar Council.
41. Mr. Tahir Shabbir Ch, Advocate, President, District Bar
Association, Sahiwal.
42. Mr. Niaz-ul-lah Khan Niazi, Advocate, President, Islamabad
30
National Labour Policy was approved by the Cabinet. See Annexure 2.22
Bar Association, Islamabad.

3843. Mr. Haroon Irshad Jannjua, President, District Bar
Association, Chakwal.
44. Mr. Hamid Khan, Advocate, Supreme Court.
45. Mr. Ibad ur Rehman Lodhi, Advocate, Supreme Court,
Rawalpindi.
46. Syed Zulfiqar Abbas Naqvi, Advocate, Supreme Court,
Rawalpindi.
47. Mr. Mehmood Ahmed Ghani, Advocate, Supreme Court,
Clifton, Karachi.
48. Dr. Tariq Hassan, Advocate, Supreme Court, Islamabad.
49. Mr. Rustam Khan Kundi, Advocate High Court. Dera Ghazi
Khan, NWFP.
50. Syed M. Haroon Rashid, Advocate, High Court, Hyderabad.
51. Mr. Sabhagchand D. Matlani, Advocate. High Court, Dadu,
Sindh.
52. Professor M.Wali khan, Organizational Reform Expert, High
Court of Sindh.
53. Syed Asghar Ali Shah, ADSJ, NWFP.
54. Mian Fiyaz Rabbani, SCJ, Mirwah, District Khairpur.
55. Rana Muhammad Nawaz Khan, Civil Servant/Executive
Officer, Home Office, UK.
56. Mr. Javid Mian, District Attorney, Lahore.
57. Mr. Abdul Ghani, (Citizen), Sagodha.
58. Mr. M. Yaseen Malik, (Citizen), District Gujarnawala.
59. Mr. Khan Muhammad Khosa, Jampur.
60. Mrs. Zarina Shamim, Widow of Ch. Dil Muhammad Tarar,
Advocate Supreme Court, Islamabad.
39
22
Government of Pakistan
Labour Policy 2010i
PREFACE
Since creation of Pakistan, five labour polices have been announced by
the governments in the year 1955, 1959, 1969, 1972 and 2002. All these
polices basically laid-down the parameters for the growth of trade unionism;
the protection of workers’ rights; the settlement of industrial disputes and
redressal of worker grievances. After 2002, no Labour Policy has been
introduced although a number of developments took place in the intervening
period, which would have necessitated the same. In this scenario the Prime
Minister of Pakistan in his first speech emphasized the need to address the
labour issues and announced the lifting of ban on trade unionism, repeal of
Industrial Relations Ordinance, 2002, Removal from Service (Special Powers)
Ordinance, 2000 and other anti labour laws. In pursuance of Prime Minister’s
directions a new Labour Policy of the Government is placed.
Of all the previous policies, the Labour Policy of 1972 taken out by
Shaheed Zulfiqar Ali Bhutto was the most progressive one, which reformed
the labour laws and set out new benchmarks including new administrative
31
infrastructure to manage the workers’ welfare, viz Workers Welfare Fund
Ordinance; Employees Old-Age Benefit Act; amended Industrial Relations
Ordinance with enhanced protection of workers’ rights like imposing condition
on the authority of employer to terminate workers job. The scope of labour
laws was enhanced and benefits such as Workers’ participation in factory
management; increase in workers shares in company’s profits from 2% to 4% ii
and then to 5%; Nomination/election of shop-stewards to attend day to day
workers’ problems; Settlement of disputes through Works Councils;
Establishment of Workers Children Education Cess; Representation of
workers on the Governing Body established under Workers Welfare Fund
Ordinance; and increased profit-sharing, statutory bonus, group insurance
scheme, group incentive scheme, etc. were granted.
The present Government’s fundamental commitment today is to create
an enabling environment for the application of universal principles of equality
and social justice as well as the constitutional and international rights of
workers. The rights and commitment based approach to labour issues is being
followed also in accordance with the edicts provided by the Constitution of the
Islamic Republic of Pakistan. In order to fulfill the obligations under the
Constitution as well as under the international covenants with regard to well
being and socio-economic protection of the workers, the announcement of the
new policy of the Government has become inevitable.
The Government’s vision for the new Labour Policy contents are
entrenched in the four main guiding features. The process of globalization is
posing a serious problem of economic survival for the developing country. The
foreign investments demand restructuring and decentralization of the system.
The new technologies demand the new labour policy is supported by the four
pillars outlined in therein. iii
The new technologies demand a high level of professional competence along
with specialized skills. Considering the changes requirements of the time, it
was imperative re-establishing technical training and human resource
development programmes to train manpower in multiple trades. The new
labour policy proposes to restructure training activities in order to meet the
demand of new technologies.
To have a fruitful consultation with the stakeholder, Pakistan Tripartite
Labour Conference under the Chairmanship of the Prime Minister was held on
16th February, 2009 after about eight years, which culminated in useful
recommendations for legislative, institutional and administrative reforms to
meet the emerging challenges of the time. These recommendations were
further discussed in Provincial Tripartite Committees, and all these
recommendations are the basis of this new labour policy. The objective before
the government is that the new Labour Policy should ensure a harmonious
working relationship between workers and employers for improving
performance and efficiency of the industry. The text of the Labour Policy that
follows consists of four parts, Part-I: Legal Frame Work; Part-II: Advocacy:
Rights of Workers and Employers; Part III Skill Development and
Employment; and Manpower Export. iv
In the end, I extend on behalf of the Government of Pakistan, my thanks
to the Secretary Ministry of Labour & Manpower and his team for their hard
work and dedication in finalizing the draft of the labour policy, which was
overdue for the past eight years. I also pay special tribute to Workers and
Employers Organizations, Ministries, Provincial Governments and all other
stakeholders for their contributions and useful suggestions towards the
realization of this labour policy.
Syed Khursheed Shah
Federal Minister for Labour and Manpower
32
May 01, 2010 1
LABOUR POLICY 2010
Social and economic well-being of the people is one of the principal
objectives of the present people’s government. Labour Policy, like policies in
other fields, should also aim in attaining the objectives in a manner best suited to
the resources of the country and the present state of economy. There is an
urgent need to revitalize the economy, required sustained efforts, to increase the
level of productivity, promotion of investment and maximization of employment.
There is an equally genuine requirement to create among workers and
employers, a better awareness of their obligations to the national objectives
stated above. At the same time, the Government recognizes that workers and
employers must enjoy reasonable benefits as can be sustained by the economy
without suffering set-backs. Keeping these priorities in view, the Government
considers that a balanced labour policy should be based on the following
objectives:-
- Workers’ right to form unions and unions should be protected and an
institutional framework be made available to foster close cooperation
between workers and employers at establishment level.
- Equitable adjustment of rights between workers and employers should
be ensured in an atmosphere of harmony, mutually beneficial to the
workers and the management.
- Consultations between workers and employers on matters of interest to
the establishment and welfare of workers should be made more
effective.
- Adequate security of jobs should be available to the workers and there
should be expeditious redressal of their grievances.
- Conditions should be created that workers and employers are
committed in enhancing the labour productivity.
- Promotion to higher jobs be ensured at all levels based on suitability
and merit and for this purpose arrangements should be made for inservice training facilities.
- Facilities for proper matching of job opportunities and the job seekers
be strengthened and standard procedures be streamlined.
- Social insurance schemes to be further strengthened. 2
- Just and humane conditions of work be guaranteed to all workers.
- Forced labour in all its forms to be eliminated.
- Provisions relating to the employment of children to be strictly adhered
to and be enforced.
2. The Labour Policy has accordingly been divided into four parts, i.e.
i) Legal Frame Work;
ii) Advocacy: Rights of Workers and Employers;
iii) Skill Development and Employment;
iv) Manpower Export.
LEGAL FRAME WORK
3. The Government is of the considered view that an atmosphere of
industrial peace and understanding is the need of the hour. The Government
would encourage and assist the process with volition of both workers and
employers. It will protect legitimate rights and interests of workers and employers
and minimize the areas of friction which compel either of them to agitate. The
question of unwilling and reluctant workers has, however, remained a source of
concern equally for the Government, employers and trade unions’ leadership.
The Government is committed for the welfare and protection of workers
4. The unions having the support of sizeable number of members shall
be, recognized, given due protection, and provided all facilities to further the
interests of their members. Only those unions shall be recognized who to their
credit have the support, of a minimum of 15 per cent of total membership of the
33
establishment, which they represent. The rest of the unions by default shall stand
dissolved.
5. The institutions of Shop Stewards, Work Councils and Joint
Management Boards which have up till now remained dormant, shall be
encouraged and re-activated for their rightful participation in improving labourmanagement relations at
plant level.
6. The Government repealed the Industrial Relation Ordinance 2002
through the Industrial Relations Act 2008. Now a new law in conformity with the
International labour Standards will be promulgated. Section 27B of the Banking
Company Ordinance shall be repealed. 3
Rationalization and Consolidation of Labour Laws.
7. The Labour Laws are quite complex, over-lapping, anomalous, and
at times render the subject matter difficult to understand, besides creating
confusion for those who deal with them. Further, the penalties prescribed for
offences and non-compliance are very low, since some of these laws were
framed during pre-independence period. The Labour Laws will be consolidated
and rationalized into five core laws, viz;
i) Laws relating to industrial relations.
ii) Laws relating to employment and service conditions.
iii) Laws relating to occupational safety and health.
iv) Laws relating to human resource development.
v) Laws relating to labour welfare and social security.
Universal/Voluntary Coverage
8. A comprehensive Social Insurance for old-age benefits and
health services will be introduced on self-registration/voluntary basis to
allow all workers in formal and informal sector of economy, including self
employed persons, to benefit from it.
Issuance of Smart Cards
9. The registration of workers will be linked with the Smart Cards
being issued by NADRA. All particulars of the workers with respect to
name, employment history, education, skills will be placed on the Chip of
the Smart Card. This card will also serve the purpose of registration under
Social Security, EOBI and workers Welfare Fund and will be a source of
Data Bank of labour force for re-skilling of workforce with respect to
enhancement of employment within the country and overseas.
Wages
10. The Government is committed to implement the system of minimum
wage as a fundamental element of labour protection, and proposes to continue
with the existing tripartite minimum wage determination arrangements. An
independent National Wage Commission will be set up and the government will
establish a Working Group to make detailed recommendations for the purpose of
specific functions and operational arrangements for such a Commission,
including its technical and secretarial support requirements and its relations with
provincial wage fixing authorities. 4
11. The deliberations of the Working Group will involve close
cooperation with workers’ and employers’ organizations, and will result in the
preparation of a detailed policy paper for the development and implementation of
national wage policy, including minimum wages, in the medium to longer term.
12. In line with Manifesto of the Pakistan Peoples Party the Government
shall gradually enhance wages of the workers. The wages shall continue to be
reviewed at least once in a year and minimum gross emoluments will be
progressively raised.
13. The minimum wage was raised from Rs. 4600/- to Rs. 6000/- in
the year 2008, which will be further enhanced to Rs.7000/- there are
increase of about 17%.
34
14. All industrial, commercial and other establishments registered
under any law shall pay wages to the employees through Cheque/Bank
transfer.
Women Empowerment and Gender Equality
15. International Labor Organization’s project Women Employment
Concerns and Working Condition in Pakistan (WEC-PK) funded by CIDA has
been Implemented in collaboration of Ministry of Labour and Manpower to
enhance the quality and number of women employment in Pakistan with ultimate
goal of economic empowerment of women in rural and urban areas. A number of
productive programs have been completed under this project aimed at creating
conducive working environment for women such as Sensitization and capacity
building of policy makers and implementing partners in public and private
sectors; Direct Assistance to Women in getting Decent Employment; Promoting
Gender Equality in Private Sector Employment in Pakistan; and promoting
Women's participation and Leadership in Trade Unions in Pakistan
16. Another project titled “Towards Gender Parity” was initiated in
January 2010 in collaboration of Ministry of Labour for the period of one year.
The focus of the project activities would be on capacity building of stake holders
on relevant areas and International Labour Standards (ILS); Establishment of
coordination mechanism among partners to monitor, learn and share experience;
Promotion of gender- responsive data collection, analysis and reporting through
a joint effort of all stake holders; strategy for gender equality in skill development
and small and medium enterprise program; strategy for implementation of
Women Empowerment Act; Advocacy for the implementation of national policy of
Home-based Workers and pilot activities for integration of HBWs into main
stream. 5
Women Workers
17. Women workers will benefit from the application of ILO Convention
on Equal Remuneration, 1951 (No. 100), ratified by Pakistan in 2001. Minimum
and above-minimum wages will be ensured on the basis of equal pay for equal
work, and equal pay for work of equal value, as between men and women, in
accordance with Pakistan’s obligations under ILO Conventions 100 and 111
concerned with equality and non-discrimination respectively.
18. Women will also benefit from better information concerning their
working conditions and arrangements in the informal economy, from improved
maternity arrangements, codes of conduct relating to sexual harassment and,
where possible, day care arrangements for their children.
19. The Government is committed to providing women with equal
opportunities for employment and will re-examine existing legislation to ensure
that women are not denied access to suitable jobs that are arising due to
Pakistan’s changing labour markets.
Young Persons
20. Workers between the ages of 14 and less than 18 years will not be
engaged in hazardous working conditions and other working environments that
adversely affect their physical and moral development. They will also be provided
greater access to education and training, particularly training, tailored to identified
labour market needs.
21. Children and young persons will be withdrawn and prevented from
hazardous nature as, for example, mining, tanneries, brick kilns, construction,
and glass bangles etc. Special programmes will be designed to focus young
domestic workers employed in private households. Payment of minimum wage
will also be ensured to the young persons.
Mine Workers
22. The majority of workers in Pakistan’s mining industry are employed
35
on a contract basis, often through a somewhat complicated system of subcontracting making it difficult to
identify the actual employer. Mine workers are
covered by special legislation that place them outside mainstream labour
legislation. 6
23. Mine workers, whether contract or permanent, will be provided with
same protection as other workers. They will benefit from minimum wage
payments, access to social security and improved safety and health in their
workplaces.
Eradication of Bonded Labour
24. The Government shall abolish bonded labour in all its forms and
shall make appropriate amendments in law to make it more stringent, strictly
implemented and safeguard the interest of workers who have hither to remained
under forced labour.
Construction Labour
25. Construction industry is the back-bone of all the development
activities and is estimated to employ more than two million workers. Since the
sector is witnessing rapid expansion, health, safety and occupational hazards in
this industry are likely to pose new challenges and problems. In order to guard
against occupational hazards and to provide safe working conditions for those
employed in this vital sector of the economy, the Government shall enact suitable
legislation to ensure health and safety of construction workers and to provide
benefits available to other formal sector workers such as Workmen’s
Compensation, Social Security, Old-age Pension etc.
Contractual Employees.
26. The Government has already started the process to
regularize/confirm contract employees. All contract employees in public
sector will be regularized/confirmed within shortest possible time.
Child Labour
27. The Government shall take legal as well as other measures to
regulate and control the employment of children in certain occupations and
processes considered hazardous and injurious to their health.
Agriculture Labour
28. The agriculture sector is being rapidly mechanized and requires
technical skill. Resultantly, the unskilled workers of this sector are becoming unemployed. Moreover the
labour laws are not applicable to this sector, therefore,
the agriculture labour force remain deprived of the benefits available under
various welfare legislations to their counterparts in the industrial establishments. 7
The Government, in the first instance, proposes to extend the coverage of
Workmen’s Compensation Act, 1923, to provide compensation in case of injury
as well as death to workers of mechanized farms in the rural sector.
Informal Economy Workers
29. Extending labour protection to the country’s large and diverse
informal economy is a major challenge. The informal economy supports millions
of people across a large geographic area, undertaking a wide variety of low-paid,
low-productivity jobs, under working conditions that are frequently harsh,
unhealthy, and hazardous. Informal economy workers are not covered by labour
laws. Government is planning to make it mandatory for the labour administration
to take the initiative to see how it can best reach out to such workers and provide
them with basic protection through the provision of advisory services, based on a
‘labour extension’ approach.
30. Workers in the informal economy, including home workers and
domestic workers, will benefit from improved safety and health arrangements,
access to social security arrangements, and the payment of minimum wages,
where an employee- employer relation is evident. The employment of children
less than 14 years will be eliminated, and the employment of those between the
36
ages of 14 and less than 18 years will be strictly controlled, through a
combination of stronger legislation and the introduction of labour extension
services.
Health and Safety
31. A Tripartite Council on Health and Safety be set-up to identify health
and safety hazards for workers of all economic sectors and to make
recommendations for safety measures on a continuous basis.
Pakistan Tripartite Labour Conference and
Standing Labour Committees
32. Industrial peace is a pre-requisite for economic development and
social progress of any country. The necessity of enlightened and constructive
outlook on the part of both workers and employers, which will promote
understanding and, obviate confrontation is, therefore, essential. The Pakistan
Tripartite Labour Conference and Standing Labour Committee shall be activated
to play more effective role in resolving differences, if any, between workers and
employers and to create an environment of mutual trust and understanding for
the promotion of industrial peace. With a view to draw the maximum benefit out
of the experience of both the workers and the employers, greater representation 8
shall be given to their nominees while framing new social and economic policies
of the country, particularly at the time of the framing of budget and Five Year
Plans.
33. Tripartite Monitoring Committees will be set up at District,
Province and Federal level to monitor implementation of Labour Laws,
particularly with reference to payment of wages, working environment and
working time.
Expansion in Scope of Workers’ Welfare Fund:
34. The scope of Workers’ Welfare Fund Ordinance, 1971 will be
extended; e.g.
i) Labour Colonies will be established by developing 100,000 houses
for allotment to the workers.
ii) To encourage the private sector for providing housing facilities to the
workers, the cost of construction of houses for the workers shall be
considered as direct deduction against income as an admissible
expenditure in the year in which such costs are incurred by
establishments constructing houses for their employees.
iii) Community buildings i.e. mosques, schools, dispensaries,
community centers, shops and parks will be provided in labour
colonies to make them self-sufficient.
iv) Scholarships will be awarded to workers’ children for higher studies
e.g Ph.d, FRCS, etc and to study abroad also.
v) Marriage grant for female workers and daughters of the workers will
be without any balloting and without any restriction on number @
Rs, 70,000/- per female worker/daughter.
vi) Two medical colleges will be established for children of workers at
Karachi and Lahore. In these colleges 60% admissions will be given
to the children of workers and 40% to the general public.
vii) All workers registered under the universal registration scheme
of the EOBI will be eligible to get benefits from the WWF.
viii) On request of an officer of the registered trade union, and
subject to recommendation of the Monitoring Committee, any 9
dismissed/retrenched worker will be paid legal aid subject to
maximum of Rs.15000/-.
Social Security
35. Provincial Employees’ Social Security Ordinance, 1965 is in
operation and covers the contingencies of employment injury, sickness and
37
maternity. It is financed entirely through employers’ contribution at the rate of 6
percent of the wages of the secured workers up to Rs. 10,000/- p.m. The scheme
is administered by the Provincial Governments.
36. Though the Social Security Scheme has been in operation for many
years, it has not achieved its full potential. Its coverage has remained almost
static over the last more than ten years. Implementation of the scheme would be
improved and intensified by undertaking the following activities:
i) Steps would be taken to adopt geographical coverage rather than by
notification of establishments.
ii) The amount of death grant to meet funeral expenses of a worker will
be raised from Rs.1500 to Rs.15000.
iii) Scope of social security medical services would be expanded to
public health to cover prevention of illness and promotion of good
health.
iv) The entitlement condition for seasonal labour would be considerably
improved.
v) In cases where the social security hospital has no facilities for
treatment, the worker shall be referred to any public/private
hospital and the respective Social Security Institution will bear
all costs of treatment.
vi) The retired registered worker will be provided medical facilities
from the Social Security Scheme.
vii) The Social Security Ordinance will be suitably amended to remove
the lacunas and difficulties experienced by the Provincial
Governments. 10
Employees’ Old-Age Benefits Scheme
37. The scheme is operated under the Employees’ Old-Age Benefits
Act, 1976 and covers establishments employing 5 or more persons. All the
employees irrespective of their wage are covered under the scheme. However,
contributions by employers and benefits to the workers are payable on minimum
rate of wages notified under the Minimum Wages for Unskilled Workers
Ordinance, 1962. The scheme is financed through employers’ contribution at the
rate of 5 percent of the minimum wages and insured persons contribution at the
rate of 1 percent of the minimum wages. The scheme provides Old-Age Pension,
Invalidity Pensions, and Survivors Pension (minimum Rs. 2000/- p.m.) and OldAge Grant. It is a federally
administered scheme. This scheme has also not
achieved its full potential in terms of coverage of eligible establishments and
employees.
38. An in-depth review of the scheme would be made and effective
measures would be adopted to achieve the following objectives:-
i) Measures would be taken to gradually expand the coverage,
including self employed persons and increase the benefits under the
EOB Scheme.
ii) All eligible establishments and employees would be registered and
evasions would be checked through vigorous and efficient
administration of the law.
iii) The Act will be made applicable to the contingent/project
employees of such statutory bodies which are otherwise
exempted under the provisions of the Act.
iv) Collection of contributions and recovery of arrears would be fully
ensured through proper decentralization, regular inspection and
continuous vigilance.
v) Maintenance of accurate and up-to-date records of registration of
employers, employees and contributions and benefit management
system would be ensured on computerized basis.
38
vi) The survivors of a registered insured person under the EOB Act
will be paid Survivors Pension without any condition of
minimum insurable employment.11
vii) The survivor pension shall be paid to disabled children for life
and unmarried daughters till their marriage without any
reference to the age.
viii) Pension shall be enhanced with the enhancement of
Government Servants Pension at the same ratio.
ix) The age for entitlement of old-age pension will be reduced from
55 years to 50 years in case of mine workers.
x) Amendments be made in the law to remove any lacuna or
administrative problem.
ADVOCACY; RIGHTS OF WORKERS AND EMPLOYERS: DECENT WORK.
39. The Labour Policy envisages a harmonious working relationship
between workers and employers for improving the performance and efficiency of
the industry. The rights and obligations based approach to labour issues is being
followed also in accordance with the Constitution of the Islamic Republic of
Pakistan. In order to fulfill obligation under the Constitution as well as under
international covenants with regard to well being and socio-economic protection
of the workers, a strategy has to be evolved and pursued in accordance with the
concept of decent work in the employment sector.
40. The economic growth is a pre-condition for expanding productive
employment. But economic growth in itself could not reduce poverty. Only
productive and remunerative employment could eliminate poverty and
deprivation. Pakistan has ratified many international commitments relating to
labour standards such as 34 ILO Conventions (33 in force) which include seven
of the eight fundamental conventions encompassing freedom of association, the
abolition of forced labour, equality at work, the elimination of child labour, the
Convention on the Rights of the Child, the Convention on the Elimination of All
Forms of Discrimination Against Women, Universal Declaration of Human Rights,
International Covenant on Economic, Social and Cultural Rights , International
Covenant on Civil and Political Rights and Anti-Slavery Convention of the UN.
The Government believes that in the light of its international commitments the
strategic goal of decent work means paying equal attention to economic and
social development, with special attention to safeguarding the rights and interests
of the workers. The economic globalization offers new opportunities, but at the
same time it presents challenges to workers all over the world. The decent work
strategy responses to the social challenge. The decent work strategy of the
country comprises four elements that are closely related: 12
• opportunities for productive, remunerative and safe work;
• social protection;
• respect for workers’ basic rights and interests; and
• Social dialogue.
41. The preliminary focus for the decent work strategy at present is
employment promotion and further improvement of the social security system.
Experience has shown that rapid economic development and technological
progress do not automatically lead to more employment opportunities; however,
individuals depend on employment opportunities to earn a living and meet their
basic needs. The Government will insure full adherence of labour laws and
workers friendly environment in all establishments to promote decent work
in the country.
SKILL DEVELOPMENT AND EMPLOYMENT
42. The main elements of Human Resource Development and
Employment strategy are outlined below:-
i) In the absence of determined measures to bring down the rate of
39
population increase efforts to enhance employment generation are
expected to produce limited success.
ii) Given the need to create 1.25 million man years of additional
employment annually and recent declining employment elasticity, the
growth rate of the economy need to centre around a minimum of 8.3
percent per annum.
iii) Primary emphasis will be on employment generation in rural areas
and surrounding small towns through development of physical and
social infrastructure and rural industries.
iv) Special measures will be taken to reduce unemployment among the
educated not through unproductive public sector employment in
administrative jobs but to meet real needs of the economy especially
in the social sectors and private sector employment.
v) Effort will be made to accelerate development, increase productivity
of small scale/informal sector enterprises and to generate 13
employment in less developed regions to remove regional
disparity .
vi) Self-reliance and austerity will be taken as cardinal planks of the
entire policy package.
vii) A concerted effort will be made to radically improve the participation
of females in income generating economic activities.
viii) Well trained skilled labour force will be developed to help achieve
significant gains in productivity and efficiency primarily through the
efforts of the private sector.
ix) Full support will be provided to Pakistanis seeking employment
opportunities abroad and assistance in productive re-absorption of
returning migrants.
x) Opportunities for self-employment will be incurred for those with
education, skills and entrepreneurship especially through better
access to credit facilities.
Skill Development
i) Particular emphasis will be given on Training of Trainers to maximize
the multiplier impact.
ii) Training in para-medical services, of which presently there is an
acute shortage will be increased.
iii) The industrial apprenticeship schemes will be revitalized and intake
will be enhanced.
iv) The production of skilled manpower for assimilation and spread of
new modern technologies especially in the application of electronics,
computers and modern production systems will be encouraged.
v) Mobile training units and trade-tests (through the National Training
Board Skills Standard and Certification System) for those who are
trained through the informal “Ustad-Shagird” system will be
introduced. 14
vi) The government will encourage the involvement of private sector to
organize intensive in-plant training, actively participate in the
establishment and management of vocational training institute; and
the National Training Board will be reconstituted with a large
representation of the private sector.
vii) Matric Tech scheme shall be introduced in all schools run by
the Workers Welfare Fund to impart Technical Education to the
students.
viii) Increasing the proportion of workers in the labour force with higher
levels of education and skills will be encouraged. This will be
achieved by complementing general school education with
40
technical/vocational training and by easing the path of school
graduates to higher education with an emphasis on professional
training.
ix) The government will standardize courses/curricula and ensure
uniform quality control.
x) The trade unions will be engaged in identifying training needs and
priorities and the management of training programmes and training
institutes.
xi) A full-fledged Labour Market Information System shall be
established with creation of Human Resource Center at
different cities.
Employment
43. The most challenging issue facing Pakistan today is the high rate of
growth of population and labour force growing at over 3 percent per annum,
amongst the highest in the world. Its population has a literacy rate of less than 60
percent. It possesses an insignificant base for the production of high level
scientific and middle level technical manpower, and the quality of education has
seriously deteriorated in recent years. The main objectives of the country’s
Labour Policy shall be to meet the requirements of the economy, the employers
and the working classes.
44. In formulating a strategy to respond to these challenges the
following key factors are taken into account:- 15
i) During the past decade with an expected growth rate of the labour
force of 3.3 percent per annum, the economy is faced with the
formidable task of creating 1.25 million jobs annually, if the
unemployment and under-employment situation is not to worsen.
ii) The problem of the educated unemployed youth is serious thus
requires special programmes.
iii) Educational level and skill training of the industrial work force
remains very low.
iv) Women are Pakistan’s least utilized human resource. Woman labour
force participation depicts a gloomy picture.
v) The scientific manpower base in Pakistan lacks strategic depth in
meeting contemporary needs of the country. Only 20 percent of the
relevant age groups pass matriculation and only a quarter of these
students pursue further studies in science.
vi) Labour Market Information is presently not collected in a consistent
and systematic manner.
vii) The global financial crisis has aggravated Pakistan’s economic
difficulties.
Persons with Disabilities
45. The Government will ensure the special quota for employment of
disabled persons in all establishments in private as well as public sector. It will be
ensured that discrimination in any case should not be practiced in appointments
and/or promotions of persons with disabilities. Equal status and equal
opportunities will be provided to all workers including the handicapped. The
Government will establish complexes for education and training of disabled
workers and disabled children of workers under one roof, especially in remote
parts of the country from the Workers Welfare Fund.
46. The eunuchs are the most neglected human resource segment of
the society, subjected to humiliation and molestation. They are not exposed to
education and instead are trained to beg, dance or forced into prostitution.
Transgendered people are misunderstood and ridiculed for being born in the
wrong body and are condemned to exist at the bottom rung of Pakistan’s social 16
ladder. Such people are even denied their right to inheritance, civil rights and
41
registration in the formal workforce. The Government will take cognizance and
provide them opportunities for education, job and all other facilities of social
welfare which a common citizen is entitled to.
EXPORT OF MANPOWER
47. Human resource is one of the major capitals of any country.
Presently, the highest amount of foreign exchange is being earned through the
remittances by the expatriate Pakistanis. Procedures regarding export of
manpower will be simplified and streamlined by making necessary amendments
in the Emigration Rules to ensure expeditious processing of demands for
overseas jobs.
48. The Overseas Employment Promoters will be given further
incentives to enable them to improve their performance. Pakistan Embassies
abroad will be asked to extend necessary co-operation to the delegations of
OEPs when they visit the labour importing countries for procurement of
manpower demands so that they may be able to procure maximum demands for
Pakistani labour.
49. Regular export promotion campaigns and visits to main employers
especially in the Gulf region will be encouraged.
50. Return migrants will be viewed as a potential asset (a package of
labour skills, experience and investible resources) which will be tapped for the
benefit of the economy. Existing schemes to attract investments by migrants
while abroad as well as on return will be expanded and made more effective.
51. In addition to above to enhance the export of manpower, major
steps will be taken by the Government, which shall include:
™ Formulation of Manpower Export Committee in the Ministry to:
• Prospects of Pakistani emigrant workers
• Promoting emigration and protecting emigrants
• Re-integration of returning emigrants and effective use of diaspora
resources
• Supporting measures and implementation mechanism
™ Manpower Export Committee at National Level with following role and
functions:
• Prepare marketing plan and strategy for enhancement of manpower
export. 17
• Approve training plan, functional language courses.
• Arrange financial resources for training in Pakistan.
• Approve Road Shows/Job fairs in different countries.
• Extend invitation to important employers and key government
functionaries of labour receiving countries to assess the training
facilities in Pakistan - invest for up-gradation.
• Enhance the strength and capacity of skill training system of
Pakistan - at par with standards of Labour importing counties.
• Establishment of a Manpower Export, Research and Information
Center (MERIC) – in Bureau of Emigration.
• Coordinate with Ministries and Provincial Governments.
™ Coordination and Liaison Committee in Pakistani Missions
• Coordinate with Manpower Export Committee.
• Liaison with Pakistani community as well as the private and public
sector foreign employers.
• Develop Market strategy and action plan for employment abroad.
• Provide information on the skills requirement, occupation wise
emerging opportunities to the Manpower Export Committee.
• Recommend leading foreign employers & key Government
functionaries, to be invited to Pakistan for showcasing the prevalent
training/skill standards, investment in training institutions and hiring
42
National health Policy is made by the
RULES OF BUSINESS OF FEDERAL GOVERNMENT, THE TEXT AND THE

JUDICIAL INTERPRETATION:
Article 99 of the Constitution, 1973 states three things:
(1) All executive actions of the Federal Government shall be expressed to be taken in
the name of the President.
(2) The President shall by rules specify the manner in which orders and other
instruments made and executed in his name shall be authenticated, and the
validity of ay order or instrument so authenticated shall not be questioned in any
Court on the ground that it was not made or executed by the President.
(3) The President shall also make rules for the allocation and transaction of the
business of the Federal Government.
In exercise of these Constitutional powers the President made the rules called the Rules
of Business, 1973.
The Policy of Rules of Business, 1973 appears to be to achieve harmonious functioning
of various Divisions and Ministries of the federal Government and further to ensure that
they seek and act on competent expert advice in respect of
(i) all legal questions arising out of any case;
(ii) on the interpretation of any law; and
(iii) at the earliest possible stage whenever any civil or criminal proceedings
are instituted against the Federal Government.
In a case cited as PLD 1985 Lahore 81 the Lahore High Court observed:
“These Rules of Business are thus based on public policy and designed to safeguard
effectively the State interests. To act in consonance with these rules is a clear duty cast on
all the Divisions and Ministries of the Federal Government. This can be clearly spelt out
from the use of the word “shall” in the opening part of rule 14 of the Rules of Business,
1973. Reference may in particular, be made to such clauses (a), (b) and (f)to sub-rule (1)
of rule 14. Law, Rules and Regulations of obligatory character are meant to be obeyed
and honoured by their observance and not through breaches. Any departure from the
aforesaid provisions is bound to lead to anomalous results and prove injurious to smooth
transaction of business of the Federal Government by its various Divisions and
Ministries. The letter and spirit of the law, when observed, will also have the wholesome
effect of avoidance of frivolous litigation and a waste of public time and expenses. Non
of manpower.
52. Performance evaluation of Pakistani Missions inter-alia needs to be
made in terms of their initiatives for raising the number of Pakistani workforce, to
provide feedback on the key labour market developments, major economic
programs and projects.
-:( The End):-
43
observance of these Rules, on the other hand, is fraught with the danger of giving rise to
unnecessary litigation and bound to impede the speedy dispensation of justice. It is
against public policy and public interest to burden the Courts with matters which ought to
be settled at the departmental level. 23
RULES OF BUSINESS AND STATUTORY LAW____DISTINCTION:
Rules of Business framed under the provisions of Article 99 of the Constitution of

Pakistan, 1973 gave a higher status than an ordinary delegated legislation, as the same
have been made on the authority of the Constitution. Such rules cannot substitute an Act
of Parliament or law to determine or affect the rights and duties of citizens. Whereas law
assigns a function or confers a power on the Federal Government, the Rules of Business
merely prescribe as to which of the Ministries or Divisions has to perform those functions
and exercise those powers and in what manner.24
Article 139 of the Constitution is similar to Article 99 on the subject of conduct of

business of the Provincial Government. The only difference is that Article 99 empowers
the President to make rules for the allocation, transaction of the business of the Federal
Government and Article 139 empowers the Governor to make rules for the allocation,
transaction of the business of the Provincial Government.
23
PLD 1985 Lahore 81; PLJ 1985 Lahore 44.
24
PLD 1997 Supreme Court 84; PLJ 1997 SC209.
44

Nature of Adminstrative Law

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‫ﺑﺴﻢ ﷲ اﻟﺮ ّﺣﻤﻦ اﻟﺮ ّﺣﯿﻢ‬

ۡ‫ﻠﯽ َرُﺳۡﻮِﻟِہ اۡﻟَﮑِﺮﯾِﻢ‬

ROLE OF PUBLIC POLICY

[Justice ® Dr. Munir Ahmad Mughal]

Interpretation of Statutes is the subject of the domain of Judiciary. In a democratic set up

KINDS OF AIDS IN INTERPRETATION AND CONSTRUCTION OF

WHAT IS INTERPRETATION AND WHAT IS CONSTRUCTION OF

Interpretation is the ascertainment, which the document would convey to a reasonable

DUTY OF THE COURTS DURING CONSTRUING PROCESS OF ANY

LATIN LEGAL MAXIMS ON INTERPRETATION:

3. Interpretatio flenda est ut res magnis valeat wuam pereat:

4. Interpretatio talis in ambiguis simper fienda est tu evitetur in convenience et

5. Constructio legis non facit injurium:

WHAT IS POLICY AND WHAT IS PUBLIC POLICY?

Private means relating or belonging to an individual as opposed to the public or the

RELEVANCE AND IMPACT OF INSTABILITY OF AFFAIRS ON

POLICY MAY BE GENERAL OR PARTICULAR, FIXED OR ELASTIC:

Policy may be general or particular, established or elastic according as to the situations to

WHAT IS THE PROPER SPHERE OF PUBLIC POLICY?

CASE OF GILBERT V. CRADDOCK (67 KAN, 346, 72 PAC. 869):

CASE OF BAYONNE TEXTILE CORPORATION V. SILK WORKERS (116 NJ

CASE OF TAYLOR’S WILL (55 III 252):

Concluding the subject the writer of the book said:

PRINCIPLES OF POLICY AS CONTAINED IN PART II, CHAPTER 2 OF THE

CONSTITUTIONAL INSTITUTIONS TO SEE THE REPUGNANCY:

1. The legislature itself. It is the law-making body.

REPORTS AS TO THE IMPLEMENTATION OF THE STATE POLICY AS

The respective Provincial Governments are to submit annually a report to their

WHO ARE TO REGULATE POLICIES IN RESPECT OF VARIOUS SUBJECTS

National Judicial (Policy Making) Committee

The reputation of judiciary is at stake during election due to

Bar Association, Islamabad.

RULES OF BUSINESS OF FEDERAL GOVERNMENT, THE TEXT AND THE

Article 99 of the Constitution, 1973 states three things:

RULES OF BUSINESS AND STATUTORY LAW____DISTINCTION:

Rules of Business framed under the provisions of Article 99 of the Constitution of

Article 139 of the Constitution is similar to Article 99 on the subject of conduct of

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