Wednesday, 9 January 2019

Important Definitions

(1) ACT:
Act means a law passed by the Parliament through adopting proper legislative procedure/bossiness, after obtaining approval and consent of the Parliamentary Committee, Lower House and Upper House of the Parliament, for example,,, Ant-Terrorism Act,

(2) ORDINANCE:
A law made by the President/Competent Authority in absence of Legislature/Parliament or in acute emergency state for a specific period which later-on expires or the Parliament gives consent which becomes a permanent law. It has life of 120 days and It is extendable one time by the President and Parliament may reject, set-aside or may give consent to it, Parliament may convert it into act by adopting/passing in the Parliament

(3) CODE:
A set of secondary laws (other then Constitution) especially made and uniformed in a single code/bare aiming at effective applicability and regulating the procedure of Forums/courts and specified outcomes/punishment for example, Pakistan Penal Code and Crl Procedure Code.

(4) STATUTE:
A Comprehensive Term used for different laws including Act, Ordinance and Orders. In other words, laws having protection of the Constitution.

(5) MANUAL:
It is neither a legal term nor a kind of law but it is a general term used for a compendium/compilation/ins-cyclopedia of laws of specific filed/profession or department, containing all the relevant laws and rules. For example, Manual of Jail Laws, Manual of Military Laws.

(6) ARTICLE:
A legal term used for division-ing and and portioning of basic and fundamental laws/direct legislation by a Parliament, within a Major/Primary Law of a country or a company. For example Constitution of Pakistan, Articles of Association of any company/organisation etc.

(7) SECTION:
A term used for division-ing and and portioning of secondary laws of a state ,next to the constitution, providing definitions, regulating procedures and the punishment etc. For example Section 302 of Pakistan Penal Code and 154 of Criminal Procedure Code
(8) RULE: A legal term used for division and partition of laws made by the Competent Authority having delegated powers of Legislation for regulating the internal affairs of the department/organisation to achieve tasks assigned by the Constitution. For example, Under Article 191, the Constitution empowers the Supreme Court for making Rules of procedures. Similarly the National Assembly may make adopt Business of Rules.

(9) PARA:
A term used for a minute and further division of the above mentioned terms of laws aiming at attraction of the Reader for similarities and contradiction in law if exists any.

(10) PROVISION:
A legal term used for additional part of the above mentioned terms for exception/protection regarding applicability of law. In other words, after defining the principal theme/subject of law, some exceptions are provided to safeguard others from mis-use of law and avoid technicalities and procedural flaws in execution of the said law. For example. A High Court Judge may be posted in Federal Shari-at Court by transfer,,,,,Provided that the consent of the said Judge shall be obtained. Second part of this example is PROVISION. Now many question/objections arise, for example,
(A) Why Article has been used in Qanoon-E-Shahadat Order 1984 ?
(B) Why Order and Ordinances in Pakistan still intact as law for the last 3 decades although Ordinace/Order expires after 120 days suo moto? The answers go as under: In Pakistan almost majority of Ordinances/orders have been issued in Martial Law Period so these Ordinances/orders have been given protection by the Parliament under LFO/legal Frame Work Order and have now become permanent law. Second It depends on the Legislature/Drafter of the Law, they may use term of Article in Order passed by the President.

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