বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (দ্বিতীয় খণ্ড)/৮

শিরোনাম সূত্র তারিখ
প্রেসিডেণ্ট কর্তৃক 'লেজিসলেটিড পাওয়ারস অর্ডার' ঘোষণা পাকিস্তান অবজারভার ২৪ সেপ্টেম্বর, ১৯৫৯

LEGISLATIVE POWERS ORDER (1959). AMENDED:
CONCURRENT LIST COVERS SUBJECTS OTHER
THAN THOSE RESERVED TO CENTRE.

 Karachi. September 23. The President has today promulgated an Order amending the Legislative Powers Order, 1959, which will have the effect of giving the Centre and the Provinces Concurrent Powers of legislation in all fields outside those specifically reserved to the centre under the Constitution of 1956.

 The Order has been devised in such a way that no existing laws of a Province will be affected by the mere coming into force of the Order unless they conflict in any way with a law made by the President since the Proclamation of the 7th October, 1958. and then only to the extent of the conflict.

 A further consequence of the Order is that if need be the conflict can be resolved by resort to the usual procedure for resolving conflict in the concurrent sphere.

 Following is the President's Order No. 17 of 1959:

President's Order No. 17 of 1959 Karachi, the 23rd September, 1959.

 The Legislative Powers (Amendment) Order, 1959 in pursuance of the proclamation........ Seventh day of October, 1958, and in exercise of all powers cnabling him in that behalf the President is pleased to make and promulgate the following Order: -

 1. This Order may be called the Legislative Powers (Amendment) Order 1959.

 2. It shall come into force at once.

 In the Legislative Powers Order, 1958, the following new article shall be deemed always to have formed Part of that Order, namely:—

 4. (1) In applying the provisions of clause (D) of Article 2, clause (1) of Article 4 and clause (1) of Article 5 of the laws (Continuance in Force) Order. 1958.

 (A) The matters enumerated in the Provincial list in the fifth schedule, including any situation shall be deemed to have been included in the concurrent list of that schedule; and

 (B) The power to make laws with respect to any matter not enumerated in any list in the fifth schedule, including any law imposing a tax not mentioned in any such list shall be deemed to be a power to make laws with respect to a matter enumerated in the concurrent list;  And the power of the Federation and of a Province to make laws shall be deemed to be regulated and the executive authority of the Federation and of a Province shall be deemed to be extended accordingly.”

 3. (1) Subject to the provisions of the next succeeding clause nothing in this Order shall effect the validity of the Provincial law or part thereof in force immediately before the day on which this Order comes into force.

 (2) If any Provincial law or part thereof in force at the time of this Order comes into force, is by reason of this Order rendered repugnant to the provisions of any law made by the President since the seventh day of October, 1958. It shall lo the extent of the repugnancy be void. -A.P.P.