পাতা:বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড).pdf/৬৫৩

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বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্রঃ প্রথম খন্ড
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or order for a writ issued or made after the Proclamation shall have effect unless it is provided for by this Order, and all application and proceedings in respect of any writ which is not so provided for shall abate forthwith.

 3. No Court or person shall call or permit to be called in question

 (1) The Proclamation;

(ii)  Any Order made in pursuance of the Proclamation or any Martial Law Order or Martial Law regulation;

(iii)  Any finding, judgment or order of a special Military Court or a summary Military Court.

 4. (1) Notwithstanding the abrogation of the late Constitution, and subject to any order of the President or regulation made by the Chief Administrator of Martial Law, all laws, other than the late Constitution, and all ordinances, orders-in-Council, orders other than orders made by the President under the late Constitution, such orders made by the President under the late Constitution as are set out in the Schedule to this Order, rules, by-laws regulations, notifications, and other legal instruments in force in Pakistan or in any part thereof or having extra-territorial validity, immediately before the Proclamation, shall, so far as applicable and with such necessary adaptations as the President may see fit to make, continue in force until altered, repealed or amended by competent authority.

 (2) In this Article a law is said to be in force if it has effect as law whether or not the law has been brought into operation.

 (3) No Court shall call into question any adaptation made by the President under Clause (1).

Governor’s Powers

 5. (1) The powers of the Governor shall be those which he would have had the President directed him to assume on behalf of the President all the functions of the Government of the Province under the provisions of Article 193 of the late Constitution and such powers of making Ordinances as he would have had and within such limitations had Article 106 and clauses (1) and (3) of Article 102 of the late Constitution been still in force.

 (2) In the exercise of the powers conferred by the previous clause the Governor shall act subject to any directions given to him by the President or by the Chief Administrator of Martial Law or by any person having authority from the Chief Administrator.

 (3) Nothing in this Article shall prejudice the operation of any regulation made by the Chief Administrator of Martial Law or by any person having authority from the Chief Administrator of Martial Law to make martial law regulations and where any ordinance or any provision thereof made under clause (1) of this Article is repugnant to any such regulation or part thereof the Regulation or part shall prevail.