Environmental Lawin Pakistan

in PakistanGoverning Natural Resources and the Processes andInstitutions That Affect Them

Sindh

Environmental

LawPart 5

Environmental Law in Pakistan

w in Pakistan Governing Natural Resources and the Processes andInstitutions That Affect Them

Sindh

Contents

Contents 3

Abbreviations ........................................................................................................................ 5 Introduction to the Series .................................................................................................... 6 Foreword................................................................................................................................ 7 Acknowledgements .............................................................................................................. 9

1. Legislative Jurisdiction ............................................................................................ 10 1.1 Natural Resources .....................................................................................................................10 1.2 Processes and Institutions.........................................................................................................12 2. Methodology.............................................................................................................. 18 3. Hierarchy of Legal Instruments ............................................................................... 19 3.1 Legislative Acts ..........................................................................................................................19 3.2 Ordinances.................................................................................................................................20 3.3 Rules and Regulations...............................................................................................................20 3.4 Orders ........................................................................................................................................21 3.5 Notifications ...............................................................................................................................21 3.6 Laws of West Pakistan ..............................................................................................................21 3.7 Islamic Law (Shariah) ................................................................................................................22 4. Governance ............................................................................................................... 23 4.1 Federal.......................................................................................................................................23 4.2 Delegation..................................................................................................................................25 4.3 Provincial ...................................................................................................................................25 4.4 Local Government......................................................................................................................27 5. Natural Resources .................................................................................................... 31 5.1 Land, Tenure..............................................................................................................................31 5.2 Forests, Timber..........................................................................................................................40 5.3 Fisheries ....................................................................................................................................46 5.4 Wildlife, Fauna and Non-Timber Flora.......................................................................................51 5.5 Protected Areas .........................................................................................................................57 5.6 Freshwater .................................................................................................................................59 5.7 Coastal and Marine....................................................................................................................67 6. Processes and Institutions ...................................................................................... 69 6.1 Urban and Rural Development ..................................................................................................70 6.2 Agriculture..................................................................................................................................85 6.3 Extractive Industry—Mining, Petroleum ....................................................................................93 6.4 Non-Extractive Industry, Commercial Operations .....................................................................98 6.5 Taxation ...................................................................................................................................104 6.6 Investment—Domestic and Foreign ........................................................................................109 6.7 Transport..................................................................................................................................110 6.8 Energy and Hydroelectric Power .............................................................................................119 6.9 Tourism ....................................................................................................................................122 6.10 Import and Export ....................................................................................................................123 6.11 Phytosanitary and Quarantine .................................................................................................125 6.12 Intra-Provincial Trade ..............................................................................................................127 6.13 Research Institutions ...............................................................................................................129 6.14 Drugs, Pharmaceuticals...........................................................................................................131 6.15 Other Legal Instruments ..........................................................................................................132 7. Court Decisions....................................................................................................... 143 7.1 Supreme Court of Pakistan......................................................................................................144 7.2 Sindh High Court......................................................................................................................152 7.3 Other Provincial High Courts ...................................................................................................164 Annex 1: Legislative Powers, 1947–1973 ....................................................................... 177 Annex 2: Subject Matter Jurisdiction, 1947–73.............................................................. 179 Annex 3: Multilateral Environmental Agreements ......................................................... 185

4

Older legal instruments and court decisions employ conventions of usage and punctuation that are in many cases archaic. But even in more recent legislation, grammar and usage are often inconsistent. In the interest of authenticity this usage has been retained in the titles of materials reviewed in this volume. Similarly, until the year 1989, the names of the provinces of Balochistan and Sindh were written “Baluchistan” and “Sind”—the official spelling used by the British colonial administration. This spelling has not been retained in the titles reproduced here. Rather, modern spelling is used throughout the text.

The process of amending laws in Pakistan is often carried out in stages by means of specific instruments intended to revise a single law or through amending and adapting legislation that covers multiple legal instruments. The same holds true for repealing laws. As a result, it is sometimes difficult to determine the status of a particular statute.

While every effort has been made to ensure that information about the status of legal instruments is up to date, the World Conservation Union (IUCN) does not guarantee that every law reviewed in this volume remains in force as of 2007. IUCN is not responsible for any loss to any person caused by any shortcoming, defect or inaccuracy in this volume.

Abbreviations 5

ABBREVIATIONS CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora EIA environmental impact assessment EPA Environmental Protection Agency GMO genetically modified organism IEE initial environmental examination IUCN The World Conservation Union KBCA Karachi Building Control Authority KDA Karachi Development Authority KWSB Karachi Water and Sewerage Board NEQS National Environmental Quality Standards NWFP North West Frontier Province PEPA Pakistan Environmental Protection Act 1997 PPC Pakistan Penal Code 1860 SITE Sindh Industrial and Trading Estate SLGO Sindh Local Government Ordinance 2001 WAPDA Water and Power Development Authority

Introduction 6

INTRODUCTION TO THE SERIES Under the Pakistan Environmental Protection Act 1997, the term ‘environment’ is defined to mean air, water, land and layers of the atmosphere; living organisms and inorganic matter; the ecosystem and ecological relationships; buildings, structures, roads, facilities and works; all social and economic conditions affecting community life; and the interrelationship between any of these elements (section 2(x)). In Pakistan, environmental law is thus defined in the broadest sense to include the management of biological and other natural resources as well as the control of pollution and hazardous materials. The environmental legal regime in force in the country today comprises a substantial number of laws covering subjects ranging from species to sectors to activities, and enacted over a period of nearly 150 years. During the last decade, the environmental legal regime has been bolstered by the superior courts which have pressed into service fundamental rights guaranteed to citizens under the Constitution of the Islamic Republic of Pakistan 1973. The word ‘life’ as it is used in the Constitution has been ruled to mean more than mere existence and has been interpreted to mean quality of life, including the right to a clean and safe environment (PLD 1994 SC 693). Environmental Law in Pakistan is a six-part series, organised as follows: Part 1: Federal, Part 2: Balochistan, Part 3: North West Frontier Province, Part 4: Punjab, Part 5: Sindh and Part 6: Northern Areas. Each volume reviews and analyses the law governing natural resources, as well as the processes and activities that impact natural resource management. The full text of all legal instruments surveyed can be found at www.law.iucnp.org. For a fuller understanding of environmental legislation at the sub-national level, the provincial and regional surveys should be read together with the federal review. The process of compiling, writing and editing this series will have taken more than five years by the time it is complete. The authors include legal practitioners and academics belonging to all provinces and territories of Pakistan. They reviewed hundreds of federal and provincial legal instruments to identify statutes that not only govern natural resources directly but also actually or potentially affect natural resource management. Environmental Law in Pakistan is intended to serve as a reference resource for law students and teachers, practising lawyers, lawmakers, judges, administrators, corporate officers, and others who require information on the subject. Every effort has been made to keep the text of the analysis jargon-free so that it is accessible to the widest possible audience.

Foreword 7

FOREWORD

Environment is to life, as life is to environment. Both are not only co-existent, but complimentary to each other. Any ecological imbalance imperils life as it equally puts to risk the environment. It is in this background that the importance of a strong environmental framework becomes necessary. Life is significant not as confined to human survival, but in fact inclusive of all forms of living organisms from fauna to human life itself. With diverse industrial growth in recent times and unprecedented growth of chemical, electronic, and nuclear engineering, etc., today, man stands as the aggressor against the environment as well as the victim of the ensuing ecological changes. In this milieu, the necessity of environmental law becomes imperative. Environmental law can be described as the body of statutes which intends to protect the environment, wildlife, land and beauty, prevent pollution or over-cutting of forests, save endangered species, conserve water, and towards that end develop and follow general plans and prevent damaging practices. This law often gives individuals and groups the right to bring legal actions or seek court orders to enforce the protections or demand revisions of private and public activities that may have detrimental effects on the environment.

Pakistan remains one of those regions where environment, holistically viewed, has undergone irreversible changes in its ecology, thereby adversely affecting human life, specially its economic and social aspects. What was once a landscape of diversities in natural beauty is gradually losing ground to the inroads made upon the environment.

Multiplying unnatural environmental hazards are a time bomb, without a clock, but ticking, nevertheless. The dangers these hazards pose are perhaps as dangerous and self destructive as the problem of overpopulation. Results of an eroding environment have immediate and future irreparable adverse effects that man, for trade and industry, fiscal, or monetary necessities, is bringing upon his future generations.

Pakistan suffers from an ineffective regime of environmental laws, and uninterested or biased governance system, at all tiers of administration. Federal Government’s failure to assert its regulatory role in ensuring a judicious distribution of water among the provinces is seen as an underlying factor obstructing a solution.

The worst-hit province by man made environmental disasters is Sindh. Successive governments have preferred to ignore the problem, despite the fact that intrusion from the Arabian Sea has destroyed rice, cotton, sugarcane, guar, gram and wheat crops in the deltaic area, besides banana plantations. Mangroves which form the nurseries for shrimp and various fish species are also under threat. Freshwater fishery has disappeared. There has also been severe damage to livestock. Saltwater intrusion caused a dramatic decline in livestock numbers in all the three subdivisions of Thatta District, bringing about depletion and erosion of ranges, shortages of fodder, pasture and potable water, and a resulting mass migration of inhabitants.

The Sindh government’s own statistics show that 38 per cent of cattle, 45 per cent of buffaloes, 40 percent of sheep, 37 per cent of goats, 40 per cent of camels, 57 per cent of horses and 35 per cent of donkeys disappeared between 1991 and 2000, together with an exodus of the human population.

Citing the 1996 report of Intergovernmental Panel on Climate Change (IPCC), Paul Brown, environment correspondent of the Guardian newspaper in London, warns: “Small islands and low level coastal areas are particularly vulnerable to climate change effects such as rising sea levels and increases in flooding, coastal erosion, and storm frequency and intensity, with tens of millions of people at risk.” Sea intrusion in Sindh is not due to rise in sea level or global warming. It is entirely due to diversion of freshwater from the Indus River to agricultural lands for water storage and hydro-electric power without proper planning, and myopic policies. Due to these man-made devastations based on unwise irrigation practices, farmers and fisher folk have been forced to migrate, work as labourers in adjoining villages, or—worst-case scenario—move to cities. Mega cities like Karachi with a population exceeding 15 million are bursting at the seams due to internal migration added by unbridled influx of refugees from other countries like Afghanistan, Bangladesh, etc.

The intrusion of sea water from the Arabian Sea into the Indus River has been attributed to the damming of rivers. Over 74 per cent of the waters of the Indus system were thus removed

Foreword 8

before the Indus reached Kotri, and the delta region shrunk to 250 sq km. Previously 150 million acre feet (MAF) of water would go from the Indus River to the Arabian Sea that nourished the deltaic area of the great river. After construction of Sukkur Barrage in the interior of Sindh, the flow of Indus into the sea was reduced to 87.4 MAF. Before commissioning of Tarbela dam it was 35.3 MAF. In 1991 the controversial Water Accord was signed amongst the four provinces of Pakistan which concluded that not more than 10 MAF water would be released down the Kotri barrage annually.

People living in coastal communities near the southern port city of Karachi, and in the city itself, are deprived of quality controlled potable water, health and environment. Karachi’s daily discharge of about 300 million gallons of domestic waste is more than the roughly 157,000 million gallons treated by the city’s four treatment plants. A recent investigation into the outbreak of a mysterious illness in Rehri Goth, a small community in Karachi, yielded almost 40 samples indicating cholera from among 300 randomly tested people.

On 27 July 2003 the coastal area of Karachi was hit by an oil spillage from a grounded oil tanker. The ship TASMAN SPIRIT was carrying in its holds 67,000 metric tons of oil. The amount spilled in the water, which caused an internal migration within Karachi, remains unknown due to non-accessibility of information to the public. The immediate fallout was the disturbing effects of the fumes from the spill which caused breathing problems, also aggravating asthma in the residents living close to the sea.

In this backdrop, the task taken upon by IUCN in consolidating and putting together crucial information deserves all commendation. The vital role IUCN is playing in protecting the environment in Pakistan can never be overemphasized.

The six volumes of Environmental Law in Pakistan, prepared federal and province-wise, are a credible source of information and will definitely provide those interested and the public at large access to all relevant material, which is critical for any effective environmental disaster management, but equally for a sustained environmental protection regime.

Time is definitely running out. The destruction wrought on the environment, however drastic, is still reversible, but with policies and environmental management remaining unchanged things may reach an irreversible position.

Justice (Retired) Nasir Aslam Zahid Karachi, Sunday, 9 July 2006

Acknowledgements 9

ACKNOWLEDGEMENTS The authors of this volume are Mr. Ijaz Ahmed, Partner, Mandviwalla & Zafar, Karachi; Ms. Muneeza Kazi, former Associate, Mandviwalla & Zafar, Karachi; and Ms. Firuza Pastakia, Series Editor, Environmental Law in Pakistan. Authors of other parts of the series who contributed to the Sindh review are: Professor Ahmed Ali Khan, Dean, Faculty of Law, University of Peshawar; and Mr. Inayatullah

Khan, Lecturer, Faculty of Law, University of Peshawar (Part 3); Mr. Jawad Hassan, Partner, Hassan & Hassan, Lahore; Mr. Ahmed H. Ghazali, Associate, Afridi

Shah Minallah, Lahore; and Mr. Shahab Qutub, Associate, Raja Akram Associates, Lahore (Part 6); and

Professor Mir Aurangzaib (Part 2). Individuals who provided input on thematic issues include Ms. Reema Asad, Barrister, Hassan & Hassan, Lahore (the Constitution, legal instruments, court decisions); Mr. Zahid Hamid of Hamid Law Associates, Lahore (forests); and Mr. Khurram Rashid and Ms. Zehra Mujtaba, Surridge and Beecheno, Karachi. Surridge and Beecheno, Karachi, and the Library of the Sindh High Court provided assistance in locating copies of legal instruments. The following staff members of The World Conservation Union (IUCN) Pakistan spent countless hours coordinating logistical aspects of this review and providing research support: Ms. Dhunmai Cowasjee, former Head, Programme Coordination, Country Office; Mr. Hasan Rizvi, former Head, Education, Communication and Knowledge Management Group,

Country Office; Ms. Zohra Rehmat Ali, Coordinator Education Programme, Country Office; Mr. Ibrahim Jan, Secretary, Country Office; Mr. Mukarram Farooqi, former Information Manager, Country Office; and Ms. Huma Ikramullah, former Deputy Coordinator, Environmental Law Programme, Country

Office. As Series Editor, Ms. Firuza Pastakia assured the coherence and consistency of this report with a fine sense for both substance and syntax.

Patricia F. Moore Head, IUCN Regional Environmental Law Programme, Asia

Series General Editor

1. Legislative Jurisdiction 10

1. LEGISLATIVE JURISDICTION When the British quit the Indian Subcontinent in 1947, the Government of India Act 1935, the last pre-Independence constitution of colonial India, served as a provincial constitution for the new state of Pakistan. Subsequently, Pakistani lawmakers framed two new Constitutions in 1956 and 1962 before finally approving the Constitution of the Islamic Republic of Pakistan 1973, which remains in force. Legislative jurisdiction, as spelled out in each of these constitutions, has shifted over the years to award or withdraw powers with respect to provincial law-making (see Annex 1).

1.1 NATURAL RESOURCES Legislative authority over natural resources has changed little since 1947, with law-making left mostly up to provincial governments (see Annex 2). This delegation of power dates back to the Government of India Act 1935, which served as the governing basic law for newly created Pakistan. In 1947, legislative authority over matters related to land rights and tenure lay with provincial governments. This jurisdiction is specified in the provincial legislative list of the Government of India Act 1935,1 where land improvement, colonisation, tenancy and the transfer of agricultural property are provincial subjects, as is the compulsory acquisition of land. Under the 1935 Act, the federal government retains the power to legislate for cantonment areas and for land in its own possession, subject to certain limitations. Succession and the transfer of property, except in the case of agricultural land, are concurrent subjects, along with the registration of deeds and documents. This division of legislative powers survives more or less unaltered in the Constitution of the Islamic Republic of Pakistan 1956,2 with the exception of succession, the transfer of non-agricultural property, the registration of deeds and documents, and the compulsory acquisition of land, which become residuary matters and thus exclusively provincial subjects. This legislative jurisdiction is carried into the Constitution of the Republic of Pakistan 1962.3 Compulsory acquisition remains a residuary area under the 1973 Constitution.4 Succession, the transfer of non-agricultural property, and the registration of deeds and documents, however, once again appear as concurrent subjects, awarding legislative powers to both federal and provincial governments. All other legislative powers specified in the 1935 Act with respect to land and tenure are carried into the legislative lists of the 1973 Constitution unchanged. Under the 1973 Constitution, the federal government retains legislative authority to fix a ceiling on individual holdings of “property of any class” (article 253(1)). The federal government may acquire property for any purpose mentioned in the legislative lists but must do so through provincial governments, which acquire land on its behalf (article 152). Laws to regulate the sale, mortgage or disposal of government-owned property are to be framed by the government concerned (article 173). Meanwhile, property “situated in a Province”—defined in article 1(2) of the Constitution to exclude the Islamabad Capital Territory and the Federally Administered Tribal Areas as well as “such States and territories as are or may be included in Pakistan, whether by accession or otherwise”— falls under the legislative jurisdiction of the provincial government, except in cases where federal law expressly provides otherwise. The provincial government may also legislate on matters related to ownerless property “located in a Province” (article 172, read with articles 97 and 137). Forests have remained under the legislative jurisdiction of the provinces since Independence. Under the Government of India Act 1935, law-making for the forest sector is the responsibility of provincial governments, as specified in the provincial legislative list. The subject of forests also appears in the provincial list of the 1956 Constitution, awarding provincial governments exclusive authority to legislate for the sector. Forests are not mentioned in the legislative list of the 1962 Constitution; this allows the provincial government to make laws for the sector although the central government retains the power to legislate on “any matter” not specified in the legislative list in cases where “the national 1 Government of India Act 1935, sections 100 and 104, read with the Seventh Schedule. 2 Constitution of the Islamic Republic of Pakistan 1956, articles 106 and 109, read with the Fifth Schedule. 3 Constitution of the Republic of Pakistan 1962, articles 131 and 132, read with the Third Schedule. 4 Constitution of the Islamic Republic of Pakistan 1973, article 142, read with the Fourth Schedule.


interest of Pakistan […] so requires”. In the Constitution of 1973, the subject of forests is not mentioned in either the federal or concurrent list, making legislation for the sector a provincial subject. The topic of “fishing and fisheries beyond territorial waters” appears in the federal list of the Government of India Act as well as the federal list of the 1956 Constitution but in the 1962 Constitution this subject is excluded from the federal list, transferring legislative authority to the provinces subject to specified restrictions. By 1973, however, fishing beyond territorial waters is once again a federal subject, leaving fishing and fisheries within territorial waters as a provincial legislative matter. Fisheries in general has remained a provincial matter since Independence. The subject is included in the provincial lists of the Government of India Act and the 1956 Constitution, and omitted from the federal list in the 1962 Constitution. It is also excluded from both the federal and concurrent lists of the 1973 Constitution. Under the Constitution of 1973, “shipping and navigation” is a concurrent subject, allowing both federal and provincial governments to legislate on matters that affect fisheries resources. The “protection of wild birds and wild animals” appears as a provincial subject in the Government of India Act and the 1956 Constitution. It is also a provincial subject under the 1962 Constitution, where it is omitted from the federal list. Wildlife is not specifically mentioned in either of the legislative lists of the 1973 Constitution, making it a provincial matter under the residuary rule. Besides wildlife protection, the “prevention of cruelty to animals” is listed as a concurrent matter in the 1935 Act. This subject appears in the provincial list of the 1956 Constitution and has subsequently remained a provincial matter, omitted from the federal list in the 1962 Constitution as well as both legislative lists in the 1973 Constitution. Botanical and zoological surveys are not mentioned in the legislative lists of the 1935 Act, allowing the federal or provincial government to frame laws on the subject under specified conditions. In the 1956 Constitution, the subject appears in the provincial list and has since remained a provincial matter, excluded from the 1962 and 1973 legislative lists. Protected areas are not specifically mentioned in the Government of India Act, in theory awarding legislative power to either the federal or the provincial government. The subject does not appear in the legislative lists of the Constitutions of 1956 and 1962 where, as a residuary matter, legislative power lies exclusively (1956) or jointly (1962) with provincial governments. The 1973 Constitution does not mention protected areas. Under the residuary rule, the subject is currently treated as provincial. In the Government of India Act, “water” is mentioned in the provincial list, and includes matters such as supply, storage, canals and drainage. Provincial legislative jurisdiction for water is carried into the 1956 Constitution and, as a residuary matter subject to specified conditions, into the 1962 Constitution as well. Freshwater resources are not mentioned in either of the legislative lists of the 1973 Constitution. As such, legislation for this sector falls under the jurisdiction of provincial governments under the residuary rule. The Government of India Act and the Constitutions of 1956 and 1962 make no mention of coastal areas or marine ecosystems. Under the legislative dispensation of the 1935 Act, this allows the federal or provincial government to frame laws on the subject under specified conditions. According to the 1956 and 1962 Constitutions, meanwhile, legislative authority lies exclusively (1956) or jointly (1962) with provincial governments. The subject is not mentioned in the legislative lists of the 1973 Constitution and so is technically a provincial matter. Although legislative powers with respect to specific natural resources lie mostly with the provincial government, the Constitution of 1973 introduces the subject of “ecology” as a concurrent matter. In theory, this allows both the federal and provincial governments to legislate on natural resources in general, since all natural resources may be included in this category. In practice, the federal government has for the most part abstained from legislating natural resource conservation and use, except in cases that affect international trade or national security, or for matters considered to be of national importance. Legislative authority with respect to specific natural resources is largely under the exclusive purview of provincial governments.


Regardless of where legislative jurisdiction lies with respect to natural resources, treaties and agreements with other countries, including international conventions and declarations, have remained under the exclusive legislative authority of the federal government since Independence. In the Government of India Act, the “implementing of treaties and agreements with other countries” is a federal subject, and the federal government may frame implementing legislation for a province with the prior consent of the governor. In both the 1956 and 1962 Constitutions, making and implementing “treaties, conventions, declarations and other agreements with foreign countries” is a federal subject but these instruments contain no special provisions requiring provincial consent for framing implementing legislation. Under the 1973 Constitution, making and implementing treaties, conventions, declarations and other agreements is a federal subject with no specific provision or exceptions related to implementing legislation. This allows the federal government to frame laws to implement its obligations under a wide range of international conventions and multilateral environmental agreements concerning the conservation of fauna, non-timber flora and migratory species; the trade in endangered species; the protection of wetlands; and the prevention of marine pollution (see Annex 3). In doing so, the federal government could in theory address the gaps in other federal and provincial legislation governing natural resources.

1.2 PROCESSES AND INSTITUTIONS Processes and institutions that affect natural resources, whether directly or indirectly, are governed by a combination of federal and provincial law (see Annex 2). The subject of urban and rural development is not mentioned in the legislative lists of the Constitution of 1973, and does not appear in the legislative lists of any prior constitutions. With the exception of military land, which has been and remains under federal control, urban and rural development falls within the legislative domain of the provinces. Since Independence, provincial governments have enjoyed exclusive or shared legislative authority over matters related to agriculture. The subject appears in the provincial legislative lists of both the 1935 Act and the 1956 Constitution. Agriculture is omitted from the federal list of the 1962 Constitution, thus becoming a residuary matter over which the provincial government exercises legislative powers subject to specified conditions. Agriculture does not appear in the legislative lists of the 1973 Constitution and so remains under the residuary authority of the province. The federal government may nevertheless frame laws on the subject if “two or more” provincial assemblies pass resolutions to that effect (article 144). Such laws may be subsequently amended or repealed by the provinces. The transfer of agricultural land is a provincial matter under the 1935 Act and remains so under the 1956 Constitution. The subject is omitted in the 1962 Constitution, becoming a residuary matter, and this is carried over into the 1973 Constitution. Certain aspects of extractive industry fall under the exclusive legislative authority of the federal government while in other areas the provincial government holds concurrent or residuary powers. This general pattern of legislative authority dates back to the Government of India Act, where the regulation of mines and oilfields, and mineral development in general, are federal subjects “to the extent to which such regulation and development is declared by federal law to be expedient in the public interest”. Specific areas of control are not specified except in the case of petroleum, the possession, storage and transport of which is a federal subject, and “gas and gasworks” which are provincial subjects. A similar division of legislative powers is set out in the 1956 Constitution, where provincial authority to regulate and develop mines and minerals is subject to the federal and concurrent lists. Here, specific areas of legislative authority are specified: mineral oil and natural gas appear in the federal list, coal and mineral products (except for mineral oil and natural gas) are concurrent subjects, and “gas and gasworks” appear in the provincial list. The 1956 Constitution also introduces the subject of mineral resources used in the generation of nuclear energy, which falls under the exclusive legislative authority of the federal government.


The 1962 Constitution contains a single legislative list specifying federal legislative powers. Here, mineral oil and natural gas, as well as minerals used in the production of nuclear energy, are shown as federal subjects, with no other areas mentioned. This is the case in the 1973 Constitution as well, where mineral oil, natural gas and minerals used to produce nuclear fuel are listed as federal subjects and no other mineral products are mentioned. Geological surveying, a subject not mentioned in the 1935 Act, has been under the exclusive authority of the federal government since the 1956 Constitution. The regulation of labour and safety in mines and oilfields, meanwhile, starts out as a federal subject in the 1935 Act but is omitted from the 1956 and 1962 Constitutions. Under the 1973 Constitution, however, labour and safety in mines and oilfields is a concurrent subject. The 1973 Constitution requires that net proceeds from federal excise duties levied on natural gas extraction at the source, and royalties collected, are paid to the province in which the well head is located (article 161). Legislative authority over matters related to industries and industrial development depends on the nature of the industry concerned. Defence-related industries, for example, have been under the exclusive purview of the federal government since the 1956 Constitution while the 1973 Constitution introduces the subject of industries “for the prosecution of war” as a federal matter. In addition, the federal government may by law declare control over certain types of industrial concerns to be “expedient in the public interest”. This power is introduced in the 1935 Act and appears in the 1973 Constitution but is not mentioned in the 1956 or 1962 Constitutions. Under the 1935 Act, provincial powers are exercised subject to provisions allowing for federal control. This general statement concerning provincial legislative authority is not repeated in any of the subsequent constitutions. The subject of industries in general is mentioned only in the 1956 Constitution, where it appears in the provincial list. Elsewhere, legislative authority is divided in more specific terms. Factories and boilers, for instance, begin as concurrent subjects in the 1935 Act and become provincial subjects in the 1956 Constitution. These subjects are not mentioned in the Constitution of 1962, making them residuary matters over which the provincial government exercises legislative authority subject to specified conditions. While factories are also omitted from the legislative lists of the 1973 Constitution, thereby remaining a residuary subject, boilers are listed in the concurrent list of 1973, allowing both federal and provincial governments to exercise legislative authority. The regulation of safety in factories is a subject introduced in the 1973 Constitution and appears in the concurrent list as well. Iron and steel products, meanwhile, appear on the concurrent list of the 1956 Constitution but are not mentioned either in the 1935 Act or in the Constitutions of 1962 and 1973. Commercial operations are not mentioned as a separate legislative subject. Rather, various aspects of commercial activity, such as banking, monopolies, insurance and trade, are listed. Certain commercial operations with pollution impacts are also mentioned. Hospitals, dispensaries, markets and fairs appear as provincial subjects in the 1935 Act and the 1956 Constitution, and are omitted from the 1962 and 1973 Constitutions, thereby becoming residuary subjects. Under the 1973 Constitution, the National Assembly is awarded the power to declare by law that “any trade, business, industry or service” may be owned or carried out exclusively by the federal or provincial government, or a government-controlled corporation, to the “complete or partial” exclusion of “other persons” (article 253(b)). Taxation is another area where legislative authority is exercised by both the federal and provincial governments, depending on the goods or activities concerned. Starting with the Government of India Act 1935, no taxes related specifically to natural resources are provided for in the legislative lists. Since Independence, the federal government has retained exclusive authority to legislate on matters related to certain taxes and duties. These include customs and export duties, taxes on corporations and non-agricultural income, sales tax, and excise duties on goods and products (except for alcohol, opium and other narcotics). Similarly, taxation related to mineral oil and natural gas has been a federal subject since the 1956 Constitution, along with taxes on minerals used in the production of nuclear energy, which was introduced as a federal subject in the 1962 Constitution. Taxes and duties on the production capacity of “any plant, machinery, undertaking, establishment or installation” were


introduced as a federal subject in the 1973 Constitution. The 1935 Act and the 1956 Constitution also mention “taxes on mineral rights”, which is a provincial matter subject to limitations that may be imposed by federal law, but this subject does not appear in the legislative lists of 1962 or 1973. Areas in which provincial governments have exercised legislative authority for taxation since 1947 include land revenue; taxes on lands and buildings; taxes on vehicles, animals and boats; tolls; dues on passengers and goods carried on inland waterways; taxes on luxuries and entertainments; and taxes on the consumption or sale of electricity—all of which appear in the provincial lists of the 1935 Act and 1956 Constitution, and are omitted from the 1962 and 1973 legislative lists, thereby becoming residuary subjects. Under the 1973 Constitution, terminal taxes on goods and passengers, whether carried by sea, rail or air, is a federal subject but this has not always been the case. Terminal taxes for railways is a provincial subject in 1956 and a residuary area in 1962 while terminal taxes on shipping is not mentioned in the 1935 Act. The 1973 Constitution also allows the federal government to levy excise duties on natural gas at the well head but these proceeds are to be paid to the province in which the well head is located (article 161(1)). Starting with the Government of India Act 1935, the subject of investment has not appeared in the legislative lists of any previous constitutions. Investment-related activities are, however, mentioned but even here legislative authority begins to be delineated more clearly with the 1956 Constitution. The only related subjects in the 1935 Act are bankruptcy, insolvency and contracts (except for contracts relating to agricultural land), all of which are included in the concurrent list. These subjects become residuary matters under the Constitutions of 1956 and 1962 before once again appearing in the concurrent list of the 1973 Constitution. Except in the case of cooperative banks, banking is a federal subject when the bank in question operates in more than one province, and has been so since the 1956 Constitution. Similarly, stock exchanges and futures markets with business “not confined to one province” have remained under the legislative authority of the federal government starting with the 1956 Constitution. The subject of foreign loans is introduced in 1956, in the federal list, and remains a federal area in 1962 and 1973. The 1973 Constitution introduces the subject of foreign aid, which is also on the federal list. Transport in general does not appear as a separate subject in any of the constitutions. Instead, legislative authority is divided between the federal and provincial governments according to the type of transport. Certain areas have remained under the exclusive authority of the federal government since Independence. These include admiralty jurisdiction, “major ports”, airports and air traffic, and provisions for the safety of aircraft and shipping. Maritime shipping and navigation appear in the federal list of every constitution while in 1956 and 1962 coastal shipping is also a federal subject, except for coastal shipping confined to a single province. Shipping and navigation on “tidal waters” is a federal subject in the 1935 Act, a provincial subject in 1956 and a residuary matter in 1962, but reverts to the federal government under the 1973 Constitution. Shipping and navigation in inland waterways is listed as a concurrent subject in 1935, and a residuary subject in 1956 and 1962, before appearing once again in the concurrent list of the 1973 Constitution. Roads, bridges, ferries and other means of communication not specified in the federal list are provincial subjects in 1935 and 1956, become residuary matters in 1962, and remain so in 1973. In the 1973 Constitution, however, the subject of “national highways and strategic roads” is introduced in the federal list. Legislative authority over railways is also divided according to the type of railway. The 1935 Act mentions two types, “federal” and “minor”, and legislative powers are allocated accordingly. Here, however, the federal government retains authority to legislate on matters related to safety and the responsibilities of railway administrations even in the case of minor railways. These distinctions do not appear in the 1956 Constitution, where the subject of “railways” is shown in the provincial list. In 1962, the subject becomes a residuary area before coming under the exclusive authority of the federal government under the 1973 Constitution. Mechanically propelled vehicles appear in the concurrent list in the 1935 Act, where other types of vehicles are mentioned in the provincial list. By 1956, vehicles including those that are mechanically


propelled fall under the legislative authority of the provinces. The subject is not mentioned in 1962, making it a residuary area over which the province exercises legislative authority subject to specified conditions. In the 1973 Constitution, however, mechanically propelled vehicles appear once again, this time as a concurrent subject. Ropeways and municipal tramways are provincial subjects in 1935 and 1956, before becoming residuary matters in 1962 and 1973. “Offences committed on the high seas and in the air” are a federal subject under the Constitutions of 1956 and 1962 but are not mentioned in the 1973 Constitution. Nuclear energy is, understandably, not mentioned in the Government of India Act 1935 but appears as a federal subject from 1956 onwards. The production of nuclear fuels, the generation and use of nuclear energy, and ionising radiation, meanwhile, appear for the first time in the 1962 Constitution as federal subjects and remain so under the 1973 Constitution. Mineral oil and natural gas, though not mentioned in the 1935 Act, are also listed as federal subjects since 1956. Gas and gasworks are provincial subjects in 1935 and 1956, become residuary matters in 1962 and remain so in 1973. “Electricity” in general starts out as a concurrent subject in 1935, becomes a provincial matter in 1956 and a residuary area in 1962, before reverting to the concurrent list in 1973. “Water power”, meanwhile, is listed as a provincial subject in 1935 and 1956 but is not mentioned in the Constitution of 1962, thereby becoming a residuary subject. Although “water power” is not mentioned in the 1973 Constitution either, the Water and Power Development Authority (WAPDA) is introduced as a federal subject. Under the 1973 Constitution, the federal government has broad powers to construct or install hydroelectric or thermal power plants, grid stations and inter-provincial transmission lines anywhere in the country (article 157). The powers of provincial governments with respect to electricity, as specified in article 157, include levying taxes on consumption, determining tariffs for distribution, constructing powerhouses and grid stations, and installing intra-provincial transmission lines. The 1973 Constitution requires that net proceeds from federal excise duties levied on natural gas extraction at the source, and royalties collected, are paid to the province in which the well head is located (article 161). Similarly, net profits earned by the federal government from the bulk generation of hydroelectric power are to be paid to the province in which the power station is situated. The subject of tourism is not mentioned in the Government of India Act 1935 or the Constitution of 1956. In the 1962 Constitution, it appears in the federal list while under the 1973 Constitution, tourism is a concurrent subject, allowing both federal and provincial governments to legislate for the sector. Import and export “across customs frontiers” has remained under the exclusive legislative authority of the federal government since Independence. The 1956 Constitution also introduces the subjects of trade and commerce with foreign countries, and quality standards for goods intended for export, both of which appear in the federal list and remain federal subjects under the Constitutions of 1962 and 1973. Matters related more generally to the movement of goods across customs frontiers and between provinces also fall under the exclusive legislative authority of the federal government. Matters concerning quarantine and phytosanitary measures are described differently in various constitutions. “Port quarantine” is a federal subject in the Government of India Act 1935, is not mentioned specifically in the Constitutions of 1956 and 1962, and appears once again as a federal subject under the 1973 Constitution. “Quarantine” in general is omitted from the legislative lists of the 1956 Constitution but listed as a federal subject in 1962. “Inter-provincial quarantine”, meanwhile, is a concurrent subject in 1956 but is not mentioned before or since. In the 1935 Act, the prevention of the spread from one province to another of “infectious or contagious diseases or pests affecting men, animals or plants” is a concurrent subject. The language of the 1956 Constitution differs slightly, referring only to “infectious or contagious diseases” in general, and here the subject appears in the provincial list. This or similar language does not appear in the 1962 Constitution but the Constitution of 1973 reverts to the language and legislative jurisdiction specified in the 1935 Act, showing the prevention of infectious or contagious diseases and pests in humans, animals and plants to be a concurrent matter.


The subject of inter-provincial trade is not mentioned in the Government of India Act 1935. It is introduced in the Constitution of 1956 as a federal subject, and the same legislative jurisdiction is carried over into the 1962 and 1973 Constitutions. According to the 1973 Constitution, the National Assembly may impose restrictions on free trade between provinces or within a province, “as may be required in the public interest” (article 151(2)). Provincial assemblies may not frame laws that restrict trade or impose any tax that “discriminates” against goods manufactured in other provinces (article 151(3)). The provinces may, however, with the prior consent of the president, frame laws to impose “reasonable” restrictions in the interest of public health, “public order or morality”; to alleviate shortages of essential goods and commodities; or to protect animals and plants from disease (article 151(4)). Legislative jurisdiction for research institutions is divided according to subject area as well as the government or agency that operates the institution in question. Since Independence, national libraries, museums and research institutions controlled by the federal government fall under its authority while provincial governments exercise legislative powers over institutions they own and operate. As far as subject area is concerned, agricultural education and research appear in the provincial lists of the Government of India Act 1935 and the 1956 Constitution, and are omitted from the legislative lists of the 1962 and 1973 Constitutions, thereby becoming a residual matter. Scientific, industrial and technological research, meanwhile, is introduced as a concurrent subject in 1965, omitted from the 1962 list, and mentioned in the federal list of the 1973 Constitution. Scientific societies and associations, as well as education in general, are listed as provincial areas in 1935 and 1956, and omitted from the legislative lists in 1962 and 1973, and as such fall under the residual authority of provincial governments. “Poisons and dangerous drugs” are a concurrent subject under the Government of India Act 1935 as well as the 1956 Constitution. The subject is not mentioned in the 1962 Constitution but appears once again as a concurrent matter in the 1973 Constitution. The cultivation and manufacture of opium is a federal subject in 1935, a provincial one in 1956, a residuary matter in 1962 and a concurrent area in 1973. Other narcotics appear as provincial items in 1935 but are not mentioned since, except in the context of duties and taxes. Drugs and pharmaceuticals in general are not mentioned prior to 1973, where the subject appears in the concurrent list. Drugs and medicines generally, and opium, poisons and dangerous drugs in particular, are all mentioned in the concurrent legislative list of the 1973 Constitution. Ancient and historical monuments are listed as a federal subject in 1935 while in 1956 they are a provincial matter, except for monuments declared to be of national importance, which appear on the concurrent list. In 1962, monuments of national importance revert to the federal government whereas other types of monuments are a residuary subject over which the province exercises legislative authority subject to specified conditions. In 1973, distinctions of national importance are removed, and all ancient and historical monuments appear in the concurrent list. The 1935 Act also mentions “archaeological sites and remains” as a federal subject. The topic does not appear in 1956 or 1962 but is reintroduced in 1973 as a concurrent subject. Explosives in general fall under the exclusive legislative authority of the federal government under the 1935 Act while in 1956 and 1962 only the “manufacture of explosives” is a federal subject. The 1973 Constitution reverts to the language but not the legislative jurisdiction of the 1935 Act, listing explosives in general in the concurrent list. Liquids and substances declared by law to be dangerously flammable appear only in the 1935 Act and the 1973 Constitution, in both cases in the federal list. Public health and sanitation is a provincial subject in the 1935 Act as well as the 1956 Constitution, and is omitted from the Constitutions of 1962 and 1973, becoming a residuary matter. Similarly, the adulteration of foodstuffs and other goods is a provincial subject from Independence until 1956, after which it becomes a residuary matter.


Treaties and agreements with other countries, including conventions and declarations, are mentioned as a federal subject in the Government of India Act 1935 and have since remained under federal jurisdiction. “International organisations”, participation in international bodies and the implementation of decisions made in such forums are introduced in the 1956 Constitution as federal subjects, remain under the legislative authority of the federal government in 1962 but are omitted from the 1973 Constitution. Charities, charitable institutions and charitable endowments are provincial subjects in 1935 and 1956, and omitted from the Constitutions of 1962 and 1973. “Environmental pollution and ecology” is introduced in the Constitution of 1973, where it is listed as a concurrent subject. No similar category exists in earlier constitutions.

2. Methodology 18

2. METHODOLOGY The research framework for this series was developed jointly by one of the authors and the Series General Editor. The outline was tested and revised during the process of compiling and drafting this volume, as well as the other documents in the series. Authors were selected to include both legal academics and practising attorneys, in order to provide a wide range of perspectives and approaches to the research design. Three authors worked on this compilation and analysis, and at least two worked on each of the other volumes. Authors met twice during the initial stages of compilation and drafting to discuss difficulties and questions, and agree on common solutions. This collaboration delivered composite analyses of hierarchy and governance that are richer and more exhaustive than individual chapters would have been without the joint effort. Each team of authors evaluated the legislation in force for every category specified in the research design, and selected for analysis those laws relevant to the focus on natural resources and processes that affect natural resource management. Questions concerning the applicability of particular legal instruments were resolved through consultations between authors and editors. Resources tapped to identify and obtain copies of the statutes reviewed in this series include the Pakistan Code, law reports published in Pakistan, academic and commercial legal texts, government offices, local and international web sites and national newspapers. Laws are amended frequently and amending instruments are not always published in the resources generally available, making it difficult—and in certain cases impossible—to definitively ascertain the current status of a particular legal instrument. While even the oldest laws may be found in the Pakistan Code, rules and regulations framed pursuant to acts and ordinances are on occasion excluded. Some rules and regulations evidently still in force were identified only through references in other sources.

3. Hierarchy of Legal Instruments 19

3. HIERARCHY OF LEGAL INSTRUMENTS Pakistan’s chief legal instrument is the 1973 Constitution. It establishes the relationship between the federal government and the provinces, empowers the federal and provincial governments to perform their designated functions, and specifies the fundamental rights of all citizens. The Supreme Court has held the Constitution to be a “living document” which must be interpreted in a manner that is “not restrictive, pedantic or limited”.5 On 12 October 1999 a state of emergency was declared throughout Pakistan, and the national and provincial assemblies were suspended. This marked the second occasion on which the Constitution of 1973 was held in abeyance; it was first suspended during the period 5 July 1977–2 March 1985. Immediately following the declaration of the 1999 emergency, a series of provisional constitution orders and executive orders, issued between October and December of that year, provided for the functioning of the government, and awarded legislative powers to the chief executive and provincial governors (Order 1 of 1999, Order 5 of 1999 and Order 9 of 1999). The following year the national and provincial assemblies were dissolved. In the period during which the assemblies remained dissolved, the legislative process was substituted by a series of orders and ordinances issued by the chief executive and provincial governors. Bypassing the usual procedure for legislative ratification, ordinances issued between 1999 and 2002 were validated by the Constitution (Seventeenth Amendment) Act 2003. These ordinances remain in force and do not need to be adopted by the relevant legislative body. No ordinances were issued on matters related to the environment or natural resources during this period. By March 2003, the Constitution was restored. The process was carried out in phases, from November 2002 to March of the following year, and included the promulgation of the Legal Framework Order 2002 which amended the Constitution. The constitutional amendments made during this period, which were the subject of debate, were passed into law in 2003 via the Constitution (Seventeenth Amendment) Act. Elections to the national and provincial assemblies were held on 10 October 2002, and polls for the Senate were held on 24 February 2003.

3.1 LEGISLATIVE ACTS First in the hierarchy of sub-constitutional legal instruments are acts passed by the legislative branch of government—the national and provincial assemblies. Here, federal law controls. Under article 143 of the Constitution, if legislation passed by a provincial assembly comes into conflict with a law enacted by the National Assembly, the federal statute overrides the provincial one to the extent of the inconsistency. Some federal laws operate as provincial statutes, either because legislative power with respect to a particular subject has shifted from the federal to the provincial level during one of several constitutional changes, or because the National Assembly was authorised to frame a law on a provincial subject by provincial consent, under article 144 of the Constitution. This article also allows the provinces to subsequently amend or repeal such laws. In addition, certain laws framed during the colonial era now operate as provincial statutes because their subject matter no longer falls under the legislative jurisdiction of the federal government. The motives of lawmakers or the necessity of specific legislation cannot be questioned in a court of law and mala fides cannot be attributed to the legislature.6 A law may, however, be tested on the “touchstone of the Constitution” with respect to legislative competence, fundamental rights or other limitations imposed by the Constitution.7 These principles have been upheld in the courts where it has also been ruled that the legislature has the power to “destroy existing rights” without any obligation to

5 Government of Balochistan v. Azizullah Memon (PLD 1993 SC 341). 6 Ardeshir Cowasjee v. Province of Sindh (Constitutional Petition No. D-856 of 2002 dated 14 October 2003, not reported);

Fauji Foundation v. Shamimur Rehman (PLD 1983 SC 457); Ghulam Nabi v. Province of Sindh (PLD 1999 Kar 372); Balochistan Bar Association v. Government of Balochistan (PLD 1991 Quetta 7); and Rahim Shah v. Government of NWFP (PLD 1982 Peshawar 93).

7 Star Flour Mills v. Province of Punjab (PLD 1996 Lahore 687); and Balochistan Bar Association v. Government of Balochistan (PLD 1991 Quetta 7).


hear those likely to be affected by such a move. This power is, however, subject to limitations prescribed by the Constitution: the legislature may only lay down general rules and provide a mechanism for their enforcement; it may not “specify individuals whose rights are to be taken away”.8 The legislature also has the power to enact laws with retroactive effect.9

3.2 ORDINANCES Under the 1973 Constitution, ordinances may be promulgated by the executive branch of government—by the president when the National Assembly is not in session (article 89) or by a provincial governor when a provincial assembly is not in session (article 128). Ordinances usually deal with matters not already covered by federal or provincial law and are promulgated when it is considered necessary to take immediate action. The president and governors have broad powers to assess such urgency. The courts have held time and again that this discretion cannot be challenged and that the executive is the sole judge of any such emergency.10 Ordinances have the same force and effect as an act but normally remain in force for a limited period of time—three months in the case of governors’ ordinances (article 128) and four in the case of presidential ordinances (article 89). During this period, the president or governors may withdraw an ordinance, or it may be disapproved or modified by the relevant legislative body. Generally, an ordinance lapses if the relevant assembly fails to adopt it within the specified period. In some cases, most notably when the assemblies have been dissolved or suspended, ordinances have been given the status of a legislative act by means of special, continuance-in-force orders which have exempted ordinances from the provisions of articles 89 and 128. Ordinances protected in this way do not need to be ratified by a legislative body. On occasion, continuation-in-force orders have in turn been repealed by a later, elected government; in other cases the protections have been formalised by the legislature, as with the Constitution (Seventeenth Amendment) Act 2003.

3.3 RULES AND REGULATIONS Rules and regulations provide for procedural and administrative matters which are subsidiary to the provisions of the parent law. They are issued by the executive branch of government, pursuant to a particular act or ordinance, for the purpose of implementing specific provisions of that legal instrument. While the legislature delegates to executive authorities the power to make rules and regulations for the purpose of implementing statutory provisions, in doing so the legislature does not delegate legislative functions or create a parallel legislature.11 Rules are the principles to which an action or procedure is intended to conform and are always framed in the exercise of powers delegated under a statute. Regulations, meanwhile, provide for specific measures that are required to put an act or ordinance into effect. Rules may not be repugnant to the provisions of the law under which they are framed or go beyond the substantive provisions of the parent statute.12 The courts have also held that rules framed under a particular law are deemed to be part of that law, with the same force and effect “as if their provisions were included in the statute”.13 Rules framed under laws that are subsequently repealed remain in force, unless specifically repealed, to the extent that they are consistent with the provisions of the more recent law, particularly if newer rules have not been framed for the same subject.14 8 Ghulam Nabi v. Province of Sindh (PLD 1999 Kar 372). 9 Molasses Trading v. Federation of Pakistan (1993 SCMR 1905). 10 Ardeshir Cowasjee v. Province of Sindh (Constitutional Petition No. D-856 of 2002 dated 14 October 2003, not reported);

Ghulam Nabi v. Province of Sindh (PLD 1999 Kar 372); Abdul Majid v. Province of Sindh (PLJ 1974 Kar 404); and Star Flour Mills v. Province of Punjab (PLD 1996 Lahore 687).

11 Nasim Fatima v. Government of West Pakistan (PLD 1967 Lahore 103). 12 Karachi Cooperative Housing Societies Union Ltd. v. Government of Sindh (1990 MLD 389); and Ahman v. Additional

Commissioner Revenue (PLD 1971 Lah 979). 13 Karachi Cooperative Housing Societies Union Ltd. v. Government of Sindh (1990 MLD 389). 14 Clifton Centre Association v. City District Government (PLD 2003 Karachi 477).


Examples of statutory rules include the federal and provincial Rules of Business, which establish parameters for the functioning of the executive. Rules and statutory regulations have also been issued by the federal government under the Pakistan Environmental Protection Act (PEPA) 1997.

3.4 ORDERS Orders are usually issued in exercise of a power delegated under a statute. They may deal with a broad range of substantive issues, or with a specific and limited situation, such as the environment protection orders that may be issued under PEPA 1997. Administrative orders are issued by an administrative authority in exercise of a delegated power to administer a particular issue. Statutory orders are issued by statutory bodies in performing their designated functions. The power to issue statutory orders is not absolute and a statutory body may only issue orders that are within the purview of the legal instrument that created it. The law that creates a statutory body provides the powers that the body has with respect to issuing orders. Executive orders and statutory orders are issued in Pakistan under the more general designation of rules, regulations and statutory regulatory orders (SROs). The status of an order depends on the delegated power under which it is issued. Orders are also issued in situations where there is no statutory delegation, as in the case of provisional constitution orders, other executive orders and the Legal Framework Order, all issued during the period October 1999–August 2002. While laws may be enacted to have retroactive effect, an administrative order or notification may not operate retroactively “to the disadvantage of persons affected by it”. The same principle applies to clauses in legal instruments where orders and actions taken under repealed legislation are saved. On this matter the courts have ruled that unless the repealing law itself has retroactive effect, no administrative decisions saved by that law can be applied retroactively.15

3.5 NOTIFICATIONS Notifications are not a separate class of legal instrument. Rather, they provide a mechanism through which the executive branch of government promulgates rules and regulations. Notifications also serve as a means to communicate specific official actions taken to accomplish a particular, limited purpose, such as designating a protected area.

3.6 LAWS OF WEST PAKISTAN From 1955 until 1970, the sovereign state of Pakistan was divided into two provinces: East Pakistan (now Bangladesh) and West Pakistan (now Pakistan). Under the Province of West Pakistan (Dissolution) Order 1970, West Pakistan was divided into four provinces: Balochistan, the North West Frontier Province (NWFP), Punjab and Sindh. The following year, the province of East Pakistan gained independence and the new state of Bangladesh was created. According to the Dissolution Order, all existing legal instruments—whether applicable to all or part of West Pakistan, and whether or not they had taken effect as of the date of the order—remained in force and were made applicable to each of the newly created provinces until such time as they were repealed or amended by the new provincial assemblies (section 19). Under the Constitution of 1973, adopted three years later, all laws in force until that time were to continue in force until altered, repealed or amended by the appropriate legislature (article 268). A provincial assembly has the power to amend any West Pakistan legal instrument to make it more specifically relevant to that province, if required. In cases where a provincial assembly has taken no action on a West Pakistan legal instrument, that instrument remains in force for that province unless specifically repealed. As a result, all West Pakistan laws not specifically amended or repealed continue in force to this day. Whether a West Pakistan law operates as a federal or provincial statute depends on the subject matter of the legislation in question. In most cases, though, federal and provincial adaptation laws

15 Taj Mahal Hotel Limited v. Karachi Water and Sewerage Board (1997 SCMR 503).


ensure that subject matter jurisdiction is clearly defined and the law is amended accordingly. Laws governing matters covered by the Federal Legislative List in the Constitution (Fourth Schedule) operate as federal laws. Provincial assemblies may amend or repeal those West Pakistan statutes that operate as provincial laws. In cases where a West Pakistan law has been specifically amended for a province, the title of that law is normally but not always amended to include the name of the province.

3.7 ISLAMIC LAW (SHARIAH) The Constitution declares Islam to be the state religion (article 2) and requires that all laws are brought into conformity with Islamic injunctions (article 227). The Federal Shariat Court may examine legislation to determine whether or not its provisions conform to Islamic principles (article 203D(1)), and laws or individual provisions found to be repugnant to the injunctions of Islam cease to have effect once the Shariat Court has issued its decision (article 203D(3)). In the process of framing new legislation, the president or a provincial governor may consult the Council of Islamic Ideology (article 229); the Council may also recommend measures to bring existing laws into conformity with Islamic principles (article 230(1)(c)). Islamic law is applied when a legal vacuum exists in the statutory regime, or where a statute leaves a matter open to the discretion of the court.16 Certain laws carry fixed penalties as stipulated in the Quran; laws that govern natural resources or the processes and activities that affect them are not included in this category.

16 Fazle Ghafoor v. Chairman, Tribunal Land Disputes (1993 SCMR 1073); Federation of Pakistan v. NWFP Government

(PLD 1990 Supreme Court 1172); Muhammad Bashir v. the State (PLD 1982 Supreme Court 139); and Nizam Khan v. Additional District Judge, Lyallpur (PLD 1976 Lahore 930).

4. Governance 23

4. GOVERNANCE The Constitution of 1973 defines the state to include the federal and provincial governments, the national and provincial assemblies, and authorities empowered by law to impose a tax or cess (article 7). The courts have also noted that for the purposes of certain provisions in the Constitution, specifically, the duty to enable citizens to order their lives according to the tenets of Islam, ‘organs of the state’ include the judiciary.17 The term ‘government’, meanwhile, refers to executive authority. The Constitution provides for the exercise of authority at the federal, provincial and local levels of government; the powers of each level are further delineated by statute. Article 247 provides for the governance of the Federally Administered Tribal Areas and the Provincially Administered Tribal Areas designated in article 246. There are no tribal areas in the province of Sindh.

4.1 FEDERAL The Constitution specifies the jurisdiction of various branches of government and outlines the division of powers between them.

4.1.1 Legislative Articles 141–144 of the Constitution deal with the legislative powers of the federal and provincial governments. Subject matter jurisdiction is specified in the Legislative Lists contained in the Fourth Schedule of the Constitution. Under article 141, the National Assembly may legislate for the whole or any part of Pakistan, and a provincial assembly may frame laws for all or part of its own province. The National Assembly enjoys exclusive jurisdiction over subjects mentioned in the Federal Legislative List, and shares with provincial assemblies legislative powers over matters on the Concurrent Legislative List (article 142). Article 142 confers on provincial assemblies exclusive jurisdiction to legislate for subjects that are not specified in either the Federal or Concurrent List—referred to as “residuary” matters (see Box). Where federal and provincial laws are inconsistent, federal law prevails to the extent of the “repugnancy” (article 143). Under article 144, residuary power may be assigned to the National Assembly if two or more provincial assemblies pass a resolution to that effect. At the same time, provincial assemblies have the power to subsequently amend or repeal any law framed by the National Assembly under assigned residuary power. The subjects of environmental pollution and ecology are mentioned in the Concurrent Legislative List. This means that both federal and provincial governments may enact legislation governing natural resources. In addition to the powers specifically awarded to provincial governments by the Constitution, a federal law may authorise provincial governments to exercise certain powers of the federal government or make rules to carry out the purposes of a law. In a declared emergency, meanwhile, the federal government may assume legislative authority over a province (article 232). A federal law may also specify that it applies only in those provinces that explicitly adopt it. The legislature also has the power to override prior judicial decisions. On this point, the courts have ruled that the legislature may “neutralise the effect of an earlier decision” by giving retroactive effect to a law.18 The courts, however, cannot “sit in judgement over the wisdom of the legislature”.19 The motives of the legislature cannot be “gone into” in the courts20 and “mala fides could not be attributed to the legislature”.21 It has been noted as well that the courts are not concerned with the “good or bad aspects” of a law but only with the question of whether or not the law has been validly enacted and 17 Nizam Khan v. Additional District Judge, Lyallpur (PLD 1976 Lahore 930). 18 Molasses Trading v. Federation of Pakistan (1993 SCMR 1905). 19 Ardeshir Cowasjee v. Province of Sindh (High Court Appeal No. 271 of 2004 dated 1 September 2006, not reported). 20 Ghulam Nabi v. Province of Sindh (PLD 1999 Kar 372). 21 Fauji Foundation v. Shamimur Rehman (PLD 1983 SC 457).

4. Governance 24

conforms to constitutional requirements.22 This principle does not apply to an ordinance, the validity of which may be questioned “on the ground[s] of mala fide[s] as otherwise every mala fide act of the executive could be protected by promulgating it in the form of an ordinance.”23

Box: Residuary Powers The phrase ‘residuary power’ is not mentioned in the 1973 Constitution. Its use in legal circles has developed over time and, while the meaning of the term is in essence unchanged, the power itself has shifted.

In the context of Pakistan’s constitutional history, “residual powers of legislation” are first mentioned in the Government of India Act 1935 which served as the governing basic law for the newly created country. The Seventh Schedule of the 1935 Act contains three legislative lists, federal, provincial and concurrent, and the term ‘residual’ is used to denote items that do not appear in any of these lists. At that time, both federal and provincial legislatures were allowed to frame laws on residual matters, subject to a “public notification” issued by the Governor-General (section 104).

When Pakistan framed its first constitution in 1956, both the usage of the term and the powers it carried had changed. In the 1956 Constitution, which contains three legislative lists (Fifth Schedule), the “residuary power of legislation” lies with the provincial government (article 109), subject to certain limitations (articles 107 and 108).

In the 1962 Constitution, this power once again shifted. Here, a single list covers matters over which the “central legislature” enjoys exclusive law-making authority (article 131, read with the Third Schedule). This Constitution does not use the term ‘residuary’, referring instead to matters “not enumerated in the Third Schedule” (article 131). The provinces may frame laws for any subject “other than a matter enumerated in the Third Schedule” (article 132) but this power is by no means exclusive since the central legislature may also frame laws on these matters in various specified cases (articles 131(2) and 131(3)). For the purposes of the 1962 Constitution, the question of legislative authority is to be decided by the legislature itself (article 133). ■

4.1.2 Executive The federal government is empowered to exercise its authority in two ways: through administrative authorities directly under its control and through provincial governments. In the latter case, the federal government may entrust any of its functions to a provincial government, with the consent of that government (article 146). Conversely, article 147 allows a province to entrust its executive authority to the federal government or its officers. The federal government may direct the provinces to take specified actions in the following matters: to ensure that provincial executive authority is exercised in such a way that it does not “impede or prejudice” the exercise of federal executive authority; to “carry into execution” any federal law on a subject in the concurrent list, “which authorises the giving of such directions”; to construct and maintain “communication” infrastructure of national or strategic importance; and to prevent “any grave menace” to law and order, or to “economic life” (article 149). The federal government may also assume executive authority over a province during a declared emergency (article 232). Article 99 of the Constitution gives the federal government the power to adopt Rules of Business to govern its administrative operations. The Federal Rules of Business 1973, as amended, are statutory rules, assigning functions and dividing responsibilities between various ministries, their divisions and departments, and semi-autonomous bodies. These Rules provide for the distribution of responsibility amongst ministries, establish the hierarchy of responsibility within individual ministries, and lay down operational procedures, some of which are compulsory, for interaction between ministries. Ministers take operational decisions while policy issues are referred to the Cabinet. Subject to the Rules, business within a ministry is conducted in accordance with administrative guidelines and policies

22 Balochistan Bar Association v. Government of Balochistan (PLD 1991 Quetta 7). 23 Ghulam Nabi v. Province of Sindh (PLD 1999 Kar 372).

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issued by the government from time to time. The 1973 Rules of Business are not explicit, however, on the subject matter jurisdiction of ministries or their functions.

4.1.3 Cantonment Areas The federal government may, by notification, declare as a cantonment any area where the Pakistan armed forces are quartered, or where defence installations or defence production units are located, or which is in the vicinity of such installations. All cantonment areas are governed by the federal Cantonment Ordinance 2002, regardless of where they are located.

4.1.4 Judiciary Article 175 of the Constitution establishes the Supreme Court of Pakistan along with the provincial high courts. Article 203C creates the Federal Shariat Court, which is empowered to decide whether any law or provision of a law is repugnant to the injunctions of Islam (article 203D). Article 212 provides for administrative courts and tribunals as well as other courts to be established by law. The environmental tribunals set up under PEPA 1997 are one example of courts created by law. Other special courts have been established to deal with subjects ranging from traffic offences to terrorism. Federal and provincial courts form part of a single national judicial system with the Supreme Court at the apex, serving as the appellate authority for all decisions taken by the provincial high courts (article 185). The Supreme Court has original jurisdiction to hear matters pertaining to the enforcement of fundamental rights, disputes between a province and the federal government or between provinces (article 184), and questions of law that may be referred by the president (article 186). Decisions of the Supreme Court are binding on all other courts in the country, to the extent that the ruling “decides a question of law or is based upon or enunciates a principle of law” (article 189). This has been held by the courts to apply in cases where principles of law have been decided “actually and finally” but matters related to fundamental rights may be “adjudicated afresh” if new evidence is presented.24 The exercise of judicial discretion may be controlled by the principles of natural justice, equity, reasonableness and other similar doctrines, as well as by custom. Discretion is, however, exercised primarily according to principles of Islamic jurisprudence. English common law concepts may be applied by the courts when these principles do not conflict with Islamic provisions.25

4.2 DELEGATION The Constitution does not establish a general pattern for delegating powers and duties, nor are executive or legislative guidelines provided for the purpose. The Constitution awards powers to both the federal and provincial governments. The exercise of delegated power is controlled by provisions of the governing statute or rules framed under it, or by guidelines issued for this purpose by the corresponding government. Some federal statutes delegate rule-making power to provincial governments, which in turn may delegate their powers to subordinate officers or authorities. In some cases this delegation is provided for in the statute itself while in other instances governments are authorised to delegate such powers by publication of a notification in the official gazette. On this matter, the courts have held that statutory powers may be sub-delegated only if the original delegating legal instrument provides for it, either expressly or by implication.26

4.3 PROVINCIAL Parts IV and V of the Constitution set out the powers of provincial governments. 24 Pakistan Chest Foundation v. Government of Pakistan (1997 CLC 1379). 25 Federation of Pakistan v. NWFP Government (PLD 1990 Supreme Court 1172); Fazle Ghafoor v. Chairman, Tribunal Land

Disputes (1993 SCMR 1073); and Muhammad Bashir v. the State (PLD 1982 Supreme Court 139). Also see Nizam Khan v. Additional District Judge, Lyallpur (PLD 1976 Lahore 930).

26 Imtiaz Gohar v. Additional Commissioner (1990 MLD 1912). Also see Abdul Ghani v. Chief Settlement and Rehabilitation Commissioner (PLD 1964 (WP) Lahore 214); Abdullah v. the Crown (PLD 1955 Sindh 384); Karachi Cooperative Housing Societies Union Ltd. v. Government of Sindh (1990 MLD 389); and Nasim Fatima v. Government of West Pakistan Khan (PLD 1967 Lahore 103).

4. Governance 26

4.3.1 Legislative The subject matter jurisdiction of the provincial assemblies is provided for in article 142 of the Constitution and specified in the Fourth Schedule, containing the legislative lists. A provincial assembly may also override judicial decisions by means of legislation.27

4.3.2 Executive The executive power of provincial governments extends to the same subjects over which provincial assemblies enjoy legislative authority (article 137). Under article 129 of the Constitution, executive authority of a province is vested in the governor, who exercises this power either directly or through subordinate officers. Article 139 gives provincial governments the power to adopt Rules of Business to govern their administrative operations. As at the federal level, provincial Rules of Business are statutory rules. The business of the Sindh government is divided among various departments and “attached departments” which are semi-autonomous, as provided in the Sindh Government Rules of Business 1986, as amended. Provincial Rules of Business establish the hierarchy of departments, provide for the division of responsibilities between various departments and attached departments, and establish the manner in which responsibilities are to be carried out, besides dealing with other miscellaneous issues. Subject to the Rules of Business, affairs within a department or attached department are conducted in accordance with administrative guidelines and policies issued by the provincial government from time to time. The Rules of Business also provide for interaction between various departments, which in certain cases is compulsory. The delegation of powers to authorities subordinate to provincial governments is regulated by the Sindh Local Government Ordinance (SLGO) 2001.

4.3.2.1 Sindh Government Rules of Business 1986

The roles of the provincial governor, chief minister and cabinet are spelled out in the Constitution of 1973. Executive authority for the province is vested in the governor (article 129) who is aided and advised by a cabinet of ministers headed by the chief minister (article 130). The provincial Rules of Business elaborate on these functions, particularly with respect to procedure involving matters “under consideration”, referred to as a “case” (section 2(vi)). The Rules provide for the establishment and functioning of provincial government departments, known collectively as the “secretariat” (section 2(xix) and 3(i), read with schedules I and II), and outline the powers and responsibilities of various senior provincial officials. The secretariat is headed by a chief secretary (section 21(c)) who serves as cabinet secretary (section 21(g)) as well as “chief advisor” to both the governor and the chief minister (section 21(a)). Within the secretariat, each department is run by a secretary who is its “official head” (section 4(ii)) but a secretary may be put in charge of more than one department; conversely, a department may be run by more than one secretary (section 4 (i)). Ministers, meanwhile, are responsible for conducting the business of their departments in the provincial assembly (section 19(i)(b)). The number of provincial departments at any given time is subject to change as new departments are created or administrative responsibility for certain subjects is reassigned. Over the years, the organisational structure of the provincial secretariat has been revised and amended on a number of occasions. More recently, the promulgation of the SLGO 2001 has necessitated a broad reorganisation of the provincial secretariat to accommodate the transfer of powers to district-level governance bodies established by the 2001 Ordinance. Some of these changes have come about already while others remain to be implemented. As of mid-2006, the business of the provincial government is conducted through more than 30 separate departments. Matters related to natural resources, and to processes and institutions that

27 Molasses Trading v. Federation of Pakistan (1993 SCMR 1905); and Ardeshir Cowasjee v. Province of Sindh (High Court

Appeal No. 271 of 2004 dated 1 September 2006, not reported).

4. Governance 27

affect natural resources, are handled by a number of different provincial departments (section 3(i), read with schedule I), the specific functions of which are spelled out in schedule II. Where a matter concerns more than one department, the department with primary interest in the “case” is required to consult other departments (section 25(i)) and to submit “all relevant facts and the points for consideration” (section 25(ii)). In all matters related to revenue, land grants, and leases or licences for mineral, forest and “water-power” rights, no orders may be issued by a provincial department without the “concurrence” of the provincial finance department (section 28(i)(a)). Similarly, in determining the content of “proposed legislation”, the department concerned is required to “consult the other Department […] if necessary” (section 45(i)). In addition, a department is required to consult with the finance, law, and planning and development departments on all matters related to those subjects (sections 28, 29 and 30). Besides outlining departmental procedure, the Rules contain detailed provisions related to the functioning of the cabinet (sections 36–44) and to the process of law making (sections 45–49).

4.3.3 Judiciary Each province has civil and criminal trial courts of original jurisdiction, created by law, to deal with matters within their respective territorial and pecuniary jurisdiction. The jurisdiction of the Sindh High Court, the apex judicial authority for the province, is established in article 199 of the Constitution. A provincial high court has original jurisdiction in certain matters including constitutional jurisdiction, under which it may enforce fundamental rights, direct specific performance of the public duties of the federal and provincial governments as well as their respective functionaries, and review executive actions (article 199). Examining legislative actions is not included in article 199. Indeed, the courts have ruled specifically on the point that it is not up to the judiciary to question the “wisdom of the legislature”.28 The courts may, however, measure a law against the “touchstone of legislative competence or fundamental rights or any limitations imposed by the Constitution”.29 The High Court supervises the lower judiciary (article 203) and hears appeals against decisions of the lower judiciary. When a provincial high court exercises its constitutional jurisdiction to review the exercise of executive or administrative authority, it may modify the actions in question or set them aside. This power is akin to the jurisdiction of the English courts to issue writs. Article 212 of the Constitution provides for administrative courts, tribunals and other courts to be established by law. PEPA 1997, meanwhile, provides for the setting up of environmental tribunals in each province (section 20). Public interest litigation under article 199 of the Constitution came to be used as the primary mode of enforcing rights under PEPA primarily because of the delay in establishing and staffing the environmental tribunals. Decisions of a high court are binding on all courts subordinate to it (article 201). Provincial high court rulings carry persuasive rather than authoritative force before other provincial high courts.

4.4 LOCAL GOVERNMENT The Constitution requires each province to establish a system of local government, and to devolve political, administrative and financial responsibility to the local level (article 140A). The system of local government across the country was reconstituted in 2001 by means of provincial ordinances promulgated in that year. This legislation aims to devolve political power to the grassroots level (SLGO, preamble). To this end, administrative and financial authority for a number of subjects that were previously the responsibility of the provincial government now lies with local-level bodies.

28 Ardeshir Cowasjee v. Province of Sindh (High Court Appeal No. 271 of 2004 dated 1 September 2006, not reported). 29 Balochistan Bar Association v. Government of Balochistan (PLD 1991 Quetta 7).

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4.4.1 Sindh Local Government Ordinance 2001 (No. XXVII)

The SLGO 2001 provides for the decentralisation of governance in the province. Administrative and financial authority for a wide range of subjects, previously under the jurisdiction of the provincial government, is devolved to the district level under this Ordinance (sections 14 and 35, read with the First Schedule). Local government bodies established under the SLGO include the district government or city district government and zila council; the taluka municipal administration and taluka council; the town municipal administration and town council; and the union administration and union council (section 2(xvi)). In addition to these bodies, the SLGO provides for the establishment of village and neighbourhood councils (section 93) as well as voluntary organisations known as citizen community boards (section 98). Each district or city district government is headed by a nazim, as are the lower-tier taluka and union administrations, while a “chairman” heads each village and neighbourhood council (sections 17, 56, 80 and 94(2)). Local governments are required to adhere to federal and provincial law, and may not impede or prejudice the exercise of the executive authority of the provincial government (section 4). The SLGO awards district governments direct responsibility for the enforcement of specified laws (section 141(6), read with the Tenth Schedule). In addition, both the federal and provincial governments may entrust to district-level authorities the responsibility of enforcing other laws (section 141(7), read with sections 29(e) and 58-A(e)). On the administrative level, the SLGO establishes “groups” of offices to oversee the functioning of areas that have been devolved to the local government (sections 14 and 35). These include the “grouped” agriculture office which handles certain aspects of forests and fisheries management; the grouped revenue office which has taken over functions related to land revenue; and the law office which, besides providing legal services, is also charged with the responsibility of “environment” and assists in the implementation of PEPA 1997 at the local level (sections 14 and 35, read with the First Schedule). Grouped offices are headed by an executive district officer (section 27). The reorganisation of governance at the local level has rendered certain posts redundant. The district coordination officer, for example, performs certain functions that were previously the responsibility of the collector (section 28(2)(f)). Other posts, such as those of the commissioner and deputy commissioner, are not specifically abolished under the SLGO. But the fact that these officials are not mentioned in the text of the Ordinance suggests that these posts have been abolished by implication. While the SLGO does not specify which officials are to exercise these powers, laws such as the Sindh Laws (Amendment) Ordinance 2001, enacted following the promulgation of the SLGO to amend other legal instruments, make substitutions that hand over these powers to various government officials, or to members of the lower judiciary. All laws affected by these administrative changes have not been amended to date and operational aspects of the application of the SLGO continue to be defined. Section 131 of the SLGO provides for the creation of a Provincial Local Government Commission, which monitors the performance and activities of local governments (section 132) and is answerable to the chief executive of the province (section 133). Besides matters related to the functioning of local government, the SLGO prescribes penalties for offences related to freshwater contamination, industrial pollutants, and dangers to public health and safety (section 141, read with the Fourth and Eighth Schedules). Administrative and enforcement powers in a number of areas are reallocated under the SLGO 2001. The text of pre-2001 acts, ordinances and regulations has not been amended in every case to reflect the new administrative structure, and must therefore be read together with the SLGO.

Sindh Local Government Ordinance 2001 (No. XXVII) amended by: Sindh Local Government (Amendment) Ordinance 2001 (No. XXXI) Sindh Local Government (Second Amendment) Ordinance 2001 (No. XXXIV) Sindh Local Government (Third Amendment) Ordinance 2001 (No. I of 2002 [sic]) Sindh Local Government (Amendment) Ordinance 2002 (No. VII)

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Sindh Local Government (Second Amendment) Ordinance 2002 (No. XII) Sindh Local Government (Third Amendment) Ordinance 2002 (No. XIX) Sindh Local Government (Fourth Amendment) Ordinance 2002 (No. XXI) Sindh Local Government (Fifth Amendment) Ordinance 2002 (No. XXV) Sindh Local Government (Seventh Amendment) Ordinance 2002 (No. XLII) Sindh Local Government (Eighth Amendment) Ordinance 2002 (No. XLVI) Sindh Local Government (Ninth Amendment) 2002 (No. XLVIII) Sindh Local Government (Amendment) Ordinance 2005 (No. V) Sindh Local Government (Amendment) Ordinance 2006 Sindh Local Government (Second Amendment) Ordinance 2006

also see: Sindh Local Government (Local Fund Imposition of Taxes) Rules 2001 Sindh Local Government (Property) Rules 2001 Sindh Local Government Contract Rules 2001 Sindh Local Government (Citizen Community Boards) Rules 2004

4.4.2 Sindh District Government (Conduct of Business) Rules 2001

The SLGO provides a basic framework for devolution, creating grouped offices and assigning their general functions. Specific responsibilities of district offices and grouped offices are spelled out in greater detail in the Conduct of Business Rules, framed under section 31 of the SLGO. Each grouped office is managed by an executive district officer (section 4) while the overall functioning of grouped offices is administered by the district coordination officer (section 6). The Rules specify the powers and responsibilities of senior local government officials (sections 5–7), and contain procedures for the conduct of business (sections 8–12, 15 and 16). In matters concerning more than one office, grouped offices are to work in consultation (section 9). The Rules provide for the allocation of business among grouped offices and district offices (section 3, read with schedules I and II). Certain areas that were previously the responsibility of various provincial government departments are now administered by the district offices. The grouped district agriculture office, for example, is responsible for certain matters related to forests, fisheries, farm water management and soil conservation (section 3(2), read with schedule II, item 2). Among its many functions, the grouped finance and planning office promotes cottage industries and small and medium enterprise (schedule II, item 5) while the district health office handles matters related to port quarantine (schedule II, item 6). The works and services office is responsible for a number of matters related to roads and transport, including the implementation of provincial laws on highways and motor vehicles (schedule II, item 12). The district revenue office, meanwhile, handles a wide range of subjects related to land revenue and administration including land reform, tenancy, government colonies, measures to protect against natural calamities, and the implementation land laws (schedule II, item 11). The district law office plays a coordinating role, consulting with grouped offices on legal questions, the interpretation of laws and the instituting of criminal proceedings (section 12). In addition, the law office is responsible for “environment” (section 3(2), read with schedule 11, item 8). Its specific responsibilities in this regard include assisting the provincial environmental protection agency in implementation of PEPA 1997 at the local level.

Sindh District Government (Conduct of Business) Rules 2001 also see: Sindh Taluka Municipal Administration Rules of Business 2002 Sindh Town Municipal Administration Rules of Business 2002 Sindh Union Administration Rules of Business 2002

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4.4.3 Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)

This Ordinance amends 42 legal instruments that are affected by the administrative changes brought about by the SLGO. The substance of this Amending Ordinance is in the Schedule, where various substitutions are made to accommodate new posts created by the SLGO. As with the SLGO, this Ordinance does not specify which posts have been abolished but this information can be gleaned from the substance of the amendments made. There is, however, no rule of thumb or formula that can be applied consistently in all cases. The responsibilities of the collector, for example, are to be exercised by the district revenue officer in most instances but by the chief inspector of stamps, board of revenue, or the district officer excise in others. Similarly, the powers of the commissioner are to be exercised by the executive district officer revenue in the case of certain laws, or by the district coordination officer and even the provincial government. In some cases, local government officials exercise the power of district magistrates, whereas in other cases these powers are transferred to the provincial government or to branches of the lower judiciary. From the substance of these amendments, it is clear that the administrative changes necessitated by the SLGO are to be implemented on a law-by-law basis, depending primarily on the manner in which devolved local government offices have been organised and the responsibilities that they have been awarded. A number of similar amending acts, ordinances and notifications have been issued since 2001 to revise specific laws or groups of laws. Owing to their volume, each one of these amendments cannot be discussed in detail.

5. Natural Resources 31

5. NATURAL RESOURCES Although legislative authority over natural resources lies for the most part with the provinces, the Sindh legislature has acted only infrequently to frame laws on the subject. Laws aimed specifically at protecting and conserving natural resources are noticeable by their absence. A single provincial Wildlife Ordinance provides for the protection of certain species but allows government officials to grant broad exemptions and awards unqualified indemnity from prosecution to such officials for acts performed in their official capacities, creating scope for mismanagement. This law has also been amended recently to lift restrictions previously imposed on the conduct of activities such as oil and gas exploration in protected areas. Other provincial laws governing natural resources fail even to provide limited protections. The Fisheries Ordinance focuses almost entirely on the regulation of commercial fishing, with a few provisions concerning the size of fish that may be taken and the types of fishing methods that are prohibited. Land laws deal with a wide range of matters related to tenure as well as land use but fail to provide for the conservation of soil resources. The sole law governing coastal areas is concerned with the development of the coastline for recreational and commercial use. Forests in the province are governed by a federal Forest Act dating back to 1927. Water is the only sector where relatively recent provincial legislation in the form of the Water Management Ordinance provides for the prevention of contamination. But even here the focus of the law is on regulating distribution through various water boards and agencies rather than on ensuring sustainable use. In addition, natural resources in the province are governed by federal laws, many of which are more than 100 years old, and by provincial legislation framed for other sectors. Despite the fact that the province has the authority to legislate for the conservation and protection of natural resources, currently the most effective means of protection is through the provisions of PEPA 1997.

5.1 LAND, TENURE The Constitution protects the property rights of individuals, subject to laws allowing for the compulsory acquisition of property “for a public purpose”, and conditional upon the payment of compensation (articles 24(1) and 24(2)). The term ‘public purpose’ is not defined and is therefore open to a broader interpretation that may include conservation or the protection of land and other natural resources. The same holds true in the case of the Land Acquisition Act 1894, where the term is defined but in terms that are not exclusive. As such, the government may use the machinery provided in the Act to acquire land for the purpose of establishing protected areas, sanctuaries or national parks, or to conserve or protect land and other natural resources. Other provincial land laws provide for the operation of government colonies, measures to protect land from erosion and “improvement”. The Land Improvement Loans Act 1883 defines the term ‘improvement’ as any activity likely to increase the value of land and, as such, also allows for a broader interpretation. Laws related to tenure govern the relationship between landlords and agricultural tenants, and provide for matters related to the transfer and consolidation of landholdings. Federal land reform laws limit the size of individual holdings. All of this legislation dates back at least three decades, with some laws enacted in the late 19th and early 20th centuries. More recent legislation comes in the form of the SLGO 2001, which does not concern land directly except to specify penalties for certain offences related to the dumping of hazardous materials on government property. The Local Government Ordinance and Rules outline the powers of various local government agencies with respect to the ownership of property and specify the enforcement responsibilities for various land laws at the local level. Apart from the general provisions in the SLGO related to public land, there are no provisions in the law specifically aimed at preventing the contamination of soil or specifying measures to clean up land affected by such contamination. Older laws assume that uncultivated land is not productive. Tenure


laws, meanwhile, provide only limited security to tenants and contain no provisions that would encourage, either directly or indirectly, the conservation and wise use of soil resources.


The SLGO provides for the decentralisation of governance, creating various tiers of local-level government such as unions, talukas, towns and districts. The Ordinance specifies the powers of each tier with respect to development, the maintenance of law and order, and the overall management of the areas and resources under their control. From the district government down to village and neighbourhood councils, all tiers are permitted to acquire, hold and transfer immovable property (sections 13, 49, 50, 74 and 94(4)). Citizen community boards, non-elected voluntary organisations that may be set up under the provisions of the Ordinance, may also hold property (sections 99(8) and 101(2)). In addition to their other functions, zila councils may approve plans for the reclassification of land (section 40(a)). Under the SLGO, discharging dangerous chemicals, flammable materials or “hazardous or offensive articles[s]” onto public land is an offence punishable with a maximum of three years’ imprisonment and/or a fine of 15,000 rupees, in addition to a penalty of 1,000 rupees for each day the offence continues (section 141, read with the Fourth Schedule, part I, items 8 and 21). Similar penalties apply in the case of failure to deliver possession of property to the local government upon cancellation or expiration of a lease (section 141, read with the Fourth Schedule, part 1 item 4). Other offences, which are subject to an immediate fine of 500 rupees, include failure to keep land cleared of plastic bags and “injurious” or “offensive” vegetation (section 141, read with the Eighth Schedule, items 3 and 25). In such cases, a repeated offence within three months incurs a maximum penalty of six months’ imprisonment and/or a fine of 5,000 rupees in addition to a penalty of 200 rupees for each day that the offence continues to be perpetrated. Administrative and enforcement powers in a number of areas were reallocated under the SLGO 2001. The text of pre-2001 acts, ordinances and regulations has not been amended in every case to reflect the new administrative structure, and must therefore be read together with the SLGO.

5.1.2 Sindh Local Government (Conduct of Business) Rules 2001

These Rules were framed under section 31 of the SLGO and provide for the functioning of district offices and “grouped” offices. The responsibilities of district offices are listed in schedule II (read with section 3(2)). The district land revenue and estate office, which operates as part of the grouped revenue office (section 3(1), read with schedule I, item 11), handles a wide range of subjects related to tenure including land reform, the consolidation of holdings, the maintenance of land records and the administration of government colonies (schedule II, item 11(i)). The land revenue and estate office is also responsible for the administration of laws related to land, acquisition and tenancy (schedule II, item 11(i)(E)). The Rules state that these functions are to be carried out “subject to” provincial law and policies laid down by the provincial government, Board of Revenue and Sindh Land Commission, suggesting that the district exercises delegated responsibility.

5.1.3 Sindh Local Government (Property) Rules 2001

These Rules, framed under the SLGO, provide for the management and maintenance of local government-owned property. Local governments are required to “take such steps as may be necessary” to ensure that such property is managed in the “best interest of the public” (section 4(1)). What constitutes the “best interest” is not defined. Local governments may acquire property “for any purpose” either by agreement with its owners or compulsorily through the provincial government under the provisions of the Land Acquisition Act 1894 (section 7).


5.1.4 Sindh Co-operative Farming Societies (Regularization of Grants of Land) Ordinance 1978 (No. III)

This Ordinance regularises grants of government land made between 1 January 1958 and 31 December 1964 to cooperative farming societies in the Kotri Barrage command area (section 2).

5.1.5 Land Reforms Act 1977 (No. II)

Under this federal law, all powers in relation to a province are delegated to the government of that province (section 2(2)). The objective of this Act was to bring about a more equitable distribution of land for the benefit of tenant farmers. To this end, the law fixed a ceiling on the area of land that may be owned. The provisions of this Act were challenged before the Federal Shariat Court. In 1990, the Court ruled that ceilings on landholdings were against the injunctions of Islam, invalidating sections 3, 4, 5, 6, 7(5), 8, 9, 10, and 11–17. Those portions of section 7 that remain valid prescribe procedures for making declarations of land ownership. Sections 18–27 concerning the Federal Land Commission also remain valid, as do the procedural provisions of chapters VII and VIII.

Land Reforms Act 1977 (No. II) amended by: Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

repeals: Land Reforms Ordinance 1977 (No. II)

5.1.6 Sindh Land Reforms Rules 1977

These Rules, framed under the Land Reforms Act 1977, specify the powers of land commission officials (sections 3–5 and 12). They outline procedures for applications and proceedings under the Act (sections 6–8), and for appealing decisions taken by the land commission (section 9).

5.1.7 Land Reforms Regulation 1972 (Martial Law Regulation No. 115)

This Martial Law Regulation places certain restrictions on the ownership and possession of land. It was challenged before the Federal Shariat Court which, in 1990, invalidated most of its substantive provisions on the grounds that they were against the injunctions of Islam. Sections 7–10, 13, 14, 18 and 25(3)(d) were invalidated in their entirety while sections 2(7), 15–17, 19–21 and 25(1) were deemed to be repugnant to Islamic injunctions with respect to specified conditions. The status of provisions on joint holdings (sections 22 and 23) and on alienation (section 24) is left undetermined, pending future decision of the Court. Sections of the Regulations that remain valid concern land commissions (sections 4–6), the exchange of land (section 11), declarations of land ownership (section 12), and the procedural provisions of section 3 and parts VIII and IX, as well as portions of section 25 (the rights of tenants) and section 21 (the use of land recovered from universities and certain charitable institutions).

Land Reforms Regulation 1972 (Martial Law Regulation No. 115) amended by: Martial Law Regulation No. 121 dated 2 April 1972 Martial Law Regulation No. 126 dated 13 April 1972 Martial Law Regulation No. 128 dated 20 April 1972 SRO 215(I)/72 dated 25 April 1972 Land Reforms Regulation (Sindh Amendment) Act 1972 (No. XI)


Land Reforms Regulation (Sindh Second Amendment) Act 1972 (No. XXI) Land Reforms (Amendment) Act 1973 (No. LXII) Land Reforms Regulation (Sindh Amendment) Ordinance 1982 (No. IV)

amended elsewhere: Land Reforms Regulation (Sindh Amendment) Act 1972 (No. XXI) by Sindh Repealing and Amending Act 1975 (No. XVII)

repeals: West Pakistan Land Reforms Regulation 1959 (No. 64)

repealed elsewhere: Land Reforms Regulation (Sindh Amendment) Ordinance 1972 (No. XIV) by Act XXI of 1972

5.1.8 Sindh Land Reforms Rules 1972

These Rules, framed under the Land Reforms Regulation 1972, specify the powers of land commission functionaries (sections 3–5), lay down procedures for filing applications (sections 7 and 8) and outline the process of lodging appeals (sections 9–11).

Sindh Land Reforms Rules 1972 dated 22 July 1972 supersedes: Sindh Land Reforms Rules 1972 dated 25 March 1972

5.1.9 Sindh Land Revenue Act 1967 (WP No. XVII)

This Act provides for the delimitation of districts (section 5), the preparation and maintenance of records-of-rights (sections 39 and 40), and a number of related matters. The law requires that a record-of-rights is prepared for every estate (section 39) and all acquisition of land is reported (section 42). Revenue officials are empowered to enter and survey land (sections 30 and 116) and mark boundaries including boundaries between “riverian estates” (sections 117 and 123). Land owners affected by the delimitation of riparian or riverine boundaries are entitled to compensation (section 126). Joint holders of land may apply to “partition” their holdings (section 135). Such an application may, however, be refused in the case of grazing areas, embankments, watercourses, wells or tanks, as well as the land from which these works are supplied with water, if partition of these holdings is likely to “cause inconvenience” or “diminish the utility” of such works and holdings (section 136). The Act allows revenue officials to enforce customary tenure practices in areas where the periodic redistribution of landholdings is an established custom (section 149). Similarly, revenue officials may act to remove encroachments from lands that have been reserved in the revenue records as commons (section 175). According to the provisions of the law, all unclaimed or unoccupied land, wasteland and “any spontaneous produce or other accessory interest in land” vests with the government unless ownership is expressly provided for in the record-of-rights completed on or before 18 November 1871 (section 50(1)). For records prepared after that date, these interests vest with the landowners concerned unless government ownership is expressly provided (section 50(2)). Third parties whose rights are affected in such matters are entitled to compensation (section 51). Both the government and the Board of Revenue are empowered to make rules under this Act.

West Pakistan Land Revenue Act 1967 (No. XVII) amended and adapted by: West Pakistan Land Revenue (Amendment) Ordinance 1969 (No. XXIV) West Pakistan Land Revenue (Amendment) Ordinance 1970 (No. X) West Pakistan Land Revenue (Sindh Amendment) Act 1972 (No. IX) West Pakistan Land Revenue (Sindh Second Amendment) Act 1972 (No. XV) West Pakistan Land Revenue (Sindh Amendment) Act 1973 (No. IV) West Pakistan Land Revenue (Sindh Amendment) Act 1974 (No. XVI) Sindh Adaptation of Laws Order 1975


Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Land Revenue (Amendment) Act 1976 (No. III) Sindh Land Revenue (Amendment) Ordinance 1978 (No. II) Sindh Land Revenue (Amendment) Ordinance 1980 (No. XI) Sindh Land Revenue (Amendment) Ordinance 1982 (No. XIV) Sindh Land Revenue (Amendment) Ordinance 1983 (No. VI) Sindh Land Revenue (Second Amendment) Ordinance 1983 (No. VIII) Sindh Land Revenue (Amendment) Ordinance 1984 (No. XXV) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)

amended elsewhere: West Pakistan Land Revenue (Sindh Amendment) Act 1973 (No. IV) by Sindh Adaptation of Laws Order 1975 and Sindh Repealing and Amending Act 1975 (No. XVII)

repeals: Punjab Riverine Boundaries Act 1899 (No. I) Punjab Land Revenue (Amendment) Act 1912 (No. II) Punjab Land Revenue (Amendment) Act 1928 (No. III) Punjab Land Revenue (Amendment) Act 1929 (No. VII) Punjab Land Revenue (Amendment) Act 1934 (No. VI) Punjab Land Revenue (North West Frontier Province Amendment) Act 1935 (No. VIII) Punjab Land Revenue (Amendment) Act 1950 (No. I) Punjab Land Revenue (Second Amendment) Act 1950 (No. XVIII) Punjab Land Revenue (North West Frontier Province Amendment) Act 1954 (No. V) Punjab Land Revenue (Amendment) Act 1955 (No. IV) Punjab Land Revenue (Amendment) Act 1955 (No. XIX) West Pakistan (Punjab Land Revenue Act) (Amendment) Act 1956 (No. III) Punjab Land Revenue (West Pakistan Amendment) Ordinance 1959 (No. XXIX) West Pakistan Determination of Land Revenue and Water Rate Ordinance 1959 (No. LV) Punjab Land Revenue (West Pakistan Amendment) Ordinance 1962 (No. XXVIII) Punjab Land Revenue (West Pakistan Amendment) Ordinance 1962 (No. XXXVII) Punjab Land Revenue (West Pakistan Amendment) Ordinance 1963 (No. XVIII) Sindh Revenue Jurisdiction Act 1876 (No. X), in part Bombay Land Revenue Code 1879 (No. V), in part Sindh Land Revenue Code 1879 (No. V), in part Sindh Village Officers Act 1881 (No. IV), in part Punjab Land Revenue Act 1887 (No. XVII), in whole or part, depending on application

repealed elsewhere: West Pakistan Land Revenue (Sindh Amendment) Ordinance 1972 (No. XII) by Act XV of 1972 West Pakistan Land Revenue (Sindh Amendment) Ordinance 1973 (No. VI) by Act IV of 1973 West Pakistan Land Revenue (Sindh Amendment) Ordinance 1974 (No. IX) by Act XVI of 1974 Sindh Land Revenue (Amendment) Ordinance 1976 (No. I) by Act III of 1976

also see: West Pakistan Land Revenue Rules 1968 Sindh Land Revenue Flat Rate Assessment Rules 1973

5.1.10 Sindh Consolidation of Holdings Ordinance 1960 (WP No. VI)

This Ordinance provides for the consolidation of landholdings on the application of landowners themselves (section 3(2)) or on the recommendation of revenue officials (section 3(1)). For the purposes of this Ordinance, the term ‘consolidation’ is defined as the “redistribution of all or any of the lands in an estate or sub-division of an estate so as to reduce the number of plots” (section 2(f)). Once a decision regarding consolidation is taken, a consolidation scheme is prepared (section 9) and objections are heard (section 11). Compensation may be awarded in cases where the redistribution of land under a scheme leaves a landowner in possession of land that is worth less than their original holdings (section 12). Following consolidation, the rights of landlords and tenants in the newly created holdings remain the same as before consolidation (section 16). Government officials and others appointed under this ordinance to carry out consolidation functions enjoy indemnity from prosecution for action taken “in good faith” (section 27), and civil courts may not entertain a suit or application related to consolidation proceedings under this Ordinance (section 26). The Board of Revenue has the power to make rules governing a wide range of operational and procedural matters (section 29).

West Pakistan Consolidation of Holdings Ordinance 1960 (No. VI) amended and adapted by: West Pakistan Consolidation of Holdings (Amendment) Act 1964 (No. XVI)


West Pakistan Consolidation of Holdings (Amendment) Ordinance 1965 (No. XVII) Sindh Adaptation of Laws Order 1975

repeals: Punjab Consolidation of Holdings Act 1936 North West Frontier Province Consolidation of Holdings Act 1946

also see: West Pakistan Consolidation of Holdings Rules 1960

5.1.11 West Pakistan Requisitioned Land (Continuance) Act 1958 (No. XXX)

This Act allows the government to continue using immovable property requisitioned under various laws that expired or were repealed (section 3). In case of continued requisition, the government is required to pay compensation to the owners (section 6). The purpose for which land is requisitioned is not explicitly stated in this law, and the definition provided for the term ‘requisitioned land’ refers to the Defence of India Act 1939 which had expired by that time. Besides validating prior requisition, the law allows the government to acquire requisitioned land under specified conditions (section 5): if works have been carried out on the land at state expense, and such works continue to be required for state purposes (section 5(3)(a)); or where the cost of restoring the land to its original condition is excessive in relation to the value of the land at that time, and the owner refuses to accept the land “released” from requisition without payment of compensation (section 5(3)(b)).

West Pakistan Requisitioned Land (Continuance) Act 1958 (No. XXX) adapted and amended by: West Pakistan Requisitioned Land (Continuance) (Amendment) Ordinance 1959 (No. LIII) West Pakistan Requisitioned Land (Continuance) (Amendment) Ordinance 1962 (No. XXXI) West Pakistan Laws (Adaptation) Order 1964 Sindh Adaptation of Laws Order 1975 Sindh Requisitioned Land Continuance (Amendment) Ordinance 1984 (No. XX)

repeals: West Pakistan Requisitioned Land (Continuance) Ordinance 1958 (No. V)

5.1.12 Sindh Tenancy Act 1950 (No. XX)

This Act regulates the relationship between landlords and agricultural tenants, and spells out the conditions under which various tenancy arrangements persist (sections 4–15). The law provides certain safeguards with regard to land and agricultural labour. For example, tenants who have “improved” the land are entitled to compensation if they are evicted (section 15). For the purposes of this law, the term ‘improvement’ is defined as any work which increases the “material value” of the land, including the construction of irrigation and drainage works, and reclaiming, levelling or terracing (section 2(12)). The extraction of free labour is declared to be unlawful (section 22). The provincial government may make rules to govern a number of matters related to tenancy agreements including the mutual rights and obligations of landlords and tenants (section 35).

Sindh Tenancy Act 1950 (No. XX) amended by: Sindh Tenancy (Amendment) Act 1951 (No. XVI) Sindh Tenancy (Amendment) Act 1952 (No. XIV) West Pakistan (Adaptation and Repeal of Laws) Act 1957 (No. XVI) Sindh Tenancy (Amendment) Act 1974 (No. VI) Sindh Tenancy (Amendment) Ordinance 1984 (No. XXVIII) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI) Sindh Tenancy (Amendment) Ordinance 2002 (No. XXXII)

repealed elsewhere: Sindh Tenancy (Amendment) Ordinance 1950 by Act XVI of 1951


5.1.13 Sindh Rural Credit and Land Transfer Act 1947 (No. XLIX)

This law provides detailed terms and conditions under which agricultural land may by sold, leased or mortgaged. It places restrictions on “permanent alienation” in cases where holdings fall below a specified limit (section 3), although exceptions may be granted (section 4). Similar restrictions based on the minimum size of holdings are placed on mortgages (section 8).

Sindh Rural Credit and Land Transfer Act 1947 (No. XLIX) adapted and amended by: Sindh Laws (Adaptation, Revision, Repeal and Declaration) Ordinance 1955 (No. V) West Pakistan (Adaptation and Repeal of Laws) Act 1957 (WP No. XVI) West Pakistan Laws (Adaptation) Order 1964 Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)

5.1.14 Colonization of Government Lands Act 1912 (Punjab No. V)

This Punjab law, adapted first for all of West Pakistan and subsequently amended and adapted for the province of Sindh, provides for the administration of government-owned land that has been declared a “colony”, and spells out the rights of tenants in such colonies. For the purposes of this law, a colony is defined simply as “any area to which this Act shall be applied” (section 3). The provincial government may declare any land it owns to be a colony (section 4), or withdraw this designation (section 5). The Board of Revenue, meanwhile, may grant land situated within a colony “to any person on such conditions as it thinks fit” (section 10(1)). Following a 2005 Sindh amendment, detailed conditions are specified concerning the “disposal” of land in government colonies (section 10-A), allowing the government to determine the market price for such land (section 10-B(1)) and providing for matters such as leasing (section 10-C). The law deals at length with the rights of government tenants, including provisions related to the acquisition of ownership rights over land included in a tenancy (section 30). In cases where a tenant has acquired ownership, the government nevertheless retains all rights to such land with respect to distributary channels as well as mines, quarries and mineral deposits located in such land (section 30, read with schedule II, item 1). To this end, the government is entitled to enter the land and carry out exploration and excavation (schedule II, item 2). It is, however, obliged to pay compensation for damaged caused to the land as a result of these activities (schedule II, item 3). The government also retains the right to evict tenants but those who have “improved” the land are entitled to compensation upon eviction (section 25). The term ‘improvement’ is defined broadly to include tree plantation, the construction of wells and irrigation works, flood protection and reclamation (section 3). Under the law, certain protections are in place for government land that is “not included in any tenancy”, or has not been allotted for a “residential enclosure”, or is used in common by a community (section 33). It is an offence to clear or break up such land for cultivation without permission from a revenue official (section 33(a)). Permission must also be obtained to carry out excavation or construction, to build water channels, and to fell or “otherwise destroy” standing trees on such land (sections 31(b)–31(e)).

Colonization of Government Lands (Punjab) Act 1912 (No. V) adapted and amended by: West Pakistan (Adaptation and Repeal of Laws) Act 1957 (No. XVI) West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance 1961 (No. XXXI) Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance 1963 (No. XIII) West Pakistan Laws (Adaptation) Order 1964 Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance 1969 (No. XXXVI) Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Adaptation of Laws Order 1975


Colonization of Government Lands (Sindh Amendment) Act 1995 (No. IV of 1996 [sic]) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI) Colonization of Government Lands (Sindh Amendment) Ordinance 2005

repealed elsewhere: Colonization of Government Lands (Sindh Amendment) Ordinance 1995 (No. VII) by Act IV of 1996

5.1.15 Land Preservation Act 1900 (Punjab No. II)

This Punjab law was adapted for West Pakistan and subsequently amended and extended to Sindh by means of the Sindh Adaptation of Laws Order 1975. This Act allows the provincial government to provide for the prevention of soil erosion and the conservation of sub-soil water (section 3). In areas notified under section 3, the provincial government may regulate or temporarily prohibit activities such as clearing, breaking up or cultivating land not ordinarily under cultivation (section 4(a)); quarrying stone or burning lime in places where stone or lime has not ordinarily been quarried or burned (section 4(b)); cutting trees or timber, or removing forest produce other than grass, except for agricultural purposes (section 4(c)); setting fire to trees, timber or forest produce (section 4(d)); and herding or pasturing goats and sheep (section 4(e)). The government may examine forest produce taken from notified areas (section 4(f)) and regulate, restrict or prohibit the granting of permits to inhabitants of surrounding areas to take trees, timber or forest produce, pasture animals, erect buildings or carry out cultivation (section 4(g)). The government may apply similar restrictions to specified villages that fall within a notified area (section 5). Besides regulatory powers in notified areas, the government may also order owners or occupiers of land to execute works including the levelling, terracing, drainage and “embanking” of fields (section 5-A(a)); the construction of “earth-works” (section 5-A(b)); and the protection of land from the “action of wind or water” (section 5-A(d)). Similarly, with respect to the beds of torrents and streams, the government may itself “proceed at once” to carry out the necessary measures, or order owners and occupiers of land to regulate the flow of water and reclaim or protect land (section 8). In areas declared under section 8, all private rights related to land stand suspended for the duration specified in the declaration (section 9) while water rights and the right of way are to be preserved “as far as circumstances admit” (ibid). The government is not obligated to pay compensation for any such activities carried out in “good faith” (sections 11 and 13). Government officials are authorised to enter and survey land notified under sections 3 and 8, to erect “bench-marks” and demarcate boundaries, and to do “all other acts which maybe be necessary” upon payment of “reasonable compensation” for damage or injury to property or rights as a result of survey operations (section 13). Violating orders issued under this Act for a notified area is a punishable offence (section 19). At the same time, offences committed with respect to forest produce under various sections of the Forest Act 1927 are deemed to be offences committed under the Land Preservation Act (section 20). The law sets out procedures for claims, compensation and appeals (sections 14 and 16). The determination of compensation is to be “guided, so far as may be” by the provisions of the Land Acquisition Act (section 15(1)) and may be awarded in the form of cash, land, a reduction in revenue or “in any other form” (section 15(2)). The provincial government has the power to make rules under the Act (section 22). The law grants indemnity from prosecution to the provincial government as well as “any public servant” for acts committed “in good faith” (section 21).

Punjab Land Preservation Act 1900 (Punjab No. II) adapted and amended by: Punjab Laws (Adaptation, Revision and Repeal) Act 1954 (No. XV of 1955 [sic]) Punjab Land Preservation (West Pakistan Amendment) Ordinance 1963 (No. VI) West Pakistan Laws (Adaptation) Order 1964 Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)


5.1.16 Land Acquisition Act 1894 (No. I)

This law regulates the acquisition of land for public purposes. The Act does not define the term ‘public purposes’ except to state that it “includes the provision of village-sites” (section 2(f)) but a broader interpretation is not excluded. Land may also be acquired for a “Company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose” (section 40(1)(aa)). In addition, the law allows for the “temporary occupation and use” of waste or arable land for a maximum period of three years (section 35). Compensation is to be provided in cash, in the form of an alternative land allocation, or through other equitable arrangements (section 31). Detailed procedures to be followed prior to and during acquisition, and in the determination of compensation, are specified (sections 4–16, 23 and 24 ff.). The government may, however, bypass normal procedures to take possession of land required for a company in case of “urgency” (section 17(1)). Similarly, railway authorities are permitted to take immediate possession of land in specified situations, including in case of an “unforeseen emergency” (section 17(2)), but these provisions serve to ensure the unhindered flow of railway traffic. The law provides for a preliminary enquiry to survey land and assess its suitability, allowing government officers to bore into the subsoil, dig trenches, and cut down or clear standing crops and “jungle” areas (section 4). Powers under this Act, including the power to make rules (section 55), lie with the provincial government while specified acquisition procedures are administered by local government officials. The federal government may refer to the courts in disputes over acquisition (section 18).

Land Acquisition Act 1894 (No. I) adapted and amended by: West Pakistan (Adaptation and Repeal of Laws) Act 1957 (No. XVI) Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Land Acquisition (West Pakistan Amendment) Ordinance 1965 (No. I) Land Acquisition (West Pakistan Amendment) Ordinance 1968 (No. XIV) Land Acquisition (West Pakistan Amendment) Ordinance 1969 (No. XLIX) Land Acquisition (West Pakistan Amendment) (Repeal) Ordinance 1971 (No. VI) Land Acquisition (Sindh Amendment) Ordinance 1984 (No. XXIII) Land Acquisition (Sindh Amendment) Ordinance 1992 (No. IV) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)

amended elsewhere: Land Acquisition (West Pakistan Amendment) Ordinance 1965 (No. I) by Sindh Adaptation of Laws Order 1975 and Sindh Repealing and Amending Act 1975 (No. XVII)

Land Acquisition (West Pakistan Amendment) Ordinance 1968 (No. XIV) by Sindh Adaptation of Laws Order 1975 and Sindh Repealing and Amending Act 1975 (No. XVII)

Land Acquisition (West Pakistan Amendment) Ordinance 1969 (No. XLIX) by Sindh Adaptation of Laws Order 1975 and Sindh Repealing and Amending Act 1975 (No. XVII)

Land Acquisition (West Pakistan Amendment) (Repeal) Ordinance 1971 (No. VI) by Sindh Adaptation of Laws Order 1975 repealed elsewhere: Land Acquisition (West Pakistan Amendment) Act 1969 (No. III) by Ordinance VI of 1971

also see: Land Acquisition (West Pakistan Amendment) (Repeal) Ordinance 1971 (No. VI)

5.1.17 Land Improvement Loans Act 1883 (No. XIX)

This federal law allows government loans to be disbursed for the “improvement” of agricultural land. The term ‘improvement’ is defined as “any work which adds to the letting value of land”, and includes works related to water storage and distribution, irrigation, drainage, reclamation and flood protection (section 4(2)). At the same time, however, the law provides for a broader definition by allowing other activities to be declared as improvements for the purposes of this Act (section 4(2)(f)). As such, although the law does not provide incentives for the use of environmentally friendly “improvement” works, this possibility is not entirely excluded. Besides individuals, such loans may also be offered to village communities or other collectives (section 9). All powers under this Act lie with provincial governments.


Land Improvement Loans Act 1883 (No. XIX) adapted and amended by: West Pakistan (Adaptation and Repeal of Laws) Act 1957 (No. XVI) Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)

5.1.18 Transfer of Property Act 1882 (No. IV)

Both the federal and provincial governments exercise specified powers under this Act, which is the primary law governing the transfer of property. It contains detailed provisions related to the sale, mortgage, lease, exchange and gift of movable and immovable property, as well as the rights, liabilities and obligations of parties involved in such transactions. For the purposes of this law, the term ‘immovable property’ does not include “standing timber, growing crops or grass” (section 3). In transactions involving land, easements annexed to the land as well as “all things attached to the earth” are included in the transfer (section 8). Where “bona fide holders” have made “improvements” to property, they are entitled to claim compensation in cases where they are subsequently evicted by “any person having a better title” (section 51). Such title holders also have the right to enter the land in question to gather any crops that might have been sown (ibid). The term ‘improvement’ is not defined in the law.

Transfer of Property Act 1882 (No. IV) amended and adapted by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Central Adaptation of Laws Order 1964 (President’s Order No. 1) Federal Adaptation of Laws Order 1975 (President’s Order No. 4) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

5.2 FORESTS, TIMBER Since independence, the Forest Act 1927 has been in force throughout most of the country. It is a federal statute that operates as a provincial law and awards wide powers to the provinces. Provincial assemblies may amend this law or enact new forestry legislation for their respective provinces. It was only as recently as 2002 that one province, the NWFP, adopted new forest legislation. In Sindh, however, the forest sector continues to be governed by the 1927 Act. Existing laws governing the sector are designed to regulate the exploitation of forest and plant resources, and contain no clear provisions regarding sustainable use or conservation. The forest sector in Sindh is primarily administered through departmental rules and regulations. No system of compilation exists, making these legal instruments difficult to locate. Although responsibility for plantations has been devolved to the district level under the SLGO 2001, the forest sector remains under the jurisdiction of the provincial government. Forest resource management and related functions are carried out by forestry and revenue officials, as well as other officers nominated by the provincial government. Existing forest laws do not allow for classification based on species or conservation status. The law contains limited definitions, leaving the details to be worked out through statutory rules that are often not made or not accessible to the public.

5.2.1 Sindh Plantation, Maintenance of Trees and Public Parks Ordinance 2002 (No. XLV)

This Ordinance requires the local government to prepare and implement plans for tree plantation and the development of public parks (sections 3 and 4). Plantation may be carried out on vacant or


occupied land, and the government is empowered to issue a notice requiring owners to carry out plantation for the purpose of “preserving or enhancing the amenity of any vacant land or land” (section 6). The term ‘land’ is defined in section 2(v) to include occupied and unoccupied land in a “town or village”, land “let” for agriculture or pasture, as well as land supporting buildings or structures. An “occupier”, meanwhile, is defined in section 2(vi) to include the owner of land. This suggests that the law applies both to public land and private property. Similarly, provisions of section 6 related to plantation apply to “any vacant land” as well as occupied land while section 7 regarding the removal of trees on specified conditions applies exclusively to occupied land. Written permission must be sought from the concerned local government agency before felling or damaging trees growing on “any land” but exceptions are allowed in cases where the cutting of trees in the “public interest” or where required by “any law” (section 5). The term ‘public interest’ is not defined, and the protections of the law are further weakened by broad exemptions that may be granted by the provincial government for “any class of land or any occupier or class of occupiers” (section 13). Under the provisions of this Ordinance the government may also authorise the felling of trees, provided that such trees are deemed to be “in an inflammable state”, or likely to prove “dangerous to life or property”, or found to be obstructing or impeding traffic (section 7). A separate clause deals specifically with parks and public places, where felling, damaging, or moving shrubs and trees is prohibited (section 9). The maximum penalty for contravening the provisions of this Ordinance is a fine of 25,000 rupees (section 13). According to the provisions of section 14, government agencies and officials enjoy indemnity from prosecution for anything done under this Ordinance. The provincial government is empowered to make rules for the purposes of this Ordinance, including matters related to the plantation of trees and the maintenance of public parks, and procedures for maintaining a “record” of trees (section 15).


The SLGO provides for the decentralisation of governance throughout the province. To this end, administrative and financial authority in a number of areas has been devolved to the district level (section 14, read with the First Schedule, part A). Certain types of forests are to be managed by the “grouped” district agriculture office; these are specified as “forests excluding watershed management and natural forests, guzara forests or protected forests” (First Schedule, part A, item viii; and part C, item iii). In city districts, meanwhile, the provincial government may establish a “municipal office” for the “integrated development and management” of recreational facilities and forests (section 35, read with First Schedule, part D, item iii (k)). The provincial government may frame rules to govern forestry at the local level (section 191, read with the Fifth Schedule, part I, item 10) while local councils may frame by-laws for the types of forests for which they are responsible and for plantations (section 192, read with Fifth Schedule, part II, item 25). The general powers of local governments with respect to forests include preparing plans for “development and exploration”, and carrying out such work (section 195, read with the Sixth Schedule, item 18). Under the SLGO, felling or pruning trees in cases where “such action is declared under this Ordinance to be a cause of danger or annoyance to the public” is an offence, punishable with imprisonment for a term of up to six months and/or a fine of 5,000 rupees, in addition to a penalty of 200 rupees per day for each day the offence continues (section 141, read with the Fourth Schedule, item 40).



These Rules were framed under section 31 of the SLGO and provide for the operation of “grouped” offices at the district level. The distribution of responsibilities amongst grouped offices is shown in schedule II (read with section 3(2)). Forests are to be managed as part of the grouped agriculture office (section 3(1), read with schedule I, item 2). The agriculture office is responsible for the “scientific management of existing public forests to maximise the production of wood and minor forest produce” (schedule II, item 2(vii)). Its other functions include forest plantation, promoting farm forestry in private land, establishing “amenity forests”, and carrying out activities related to publicity and education (ibid). The office operates under the technical guidance of the provincial government and must submit its working plans to the provincial government for approval (ibid).

5.2.4 Coastal Development Authority Act 1994 (No. XXVIII)

This Act establishes an Authority that is responsible for the development, improvement and beautification of the coastal areas of Thatta and Badin districts (section 7(1)). The Authority may plan and execute schemes related to a number of sectors including forests (section 7(2)(c)).

5.2.5 Cutting of Trees (Prohibition) Act 1992 (No. XVIII)

This federal law focuses on border security rather than the protection of forests. It prohibits the cutting of trees near Pakistan’s international borders and provides for the demarcation of such zones. Trees in these areas cannot be cut without the permission of an officer designated by the provincial government (section 3). All powers under this Act lie with provincial governments, including the power to make rules (section 10) and to demarcate zones in border areas (section 8). Provincial government officers have the power to enter, survey and map the land, and to “blaze any tree” (section 9). Authorised officials are permitted to act in order to prevent the commission of an offence and to take “such measures as may be prescribed under the rules” for this purpose (section 7). The maximum penalty under this law is a fine of 5,000 rupees (section 4) but tools used to commit an offence as well as trees taken illegally may also be subject to confiscation (section 6).

5.2.6 Sindh Wildlife Protection Ordinance 1972 (No. V)

This Ordinance enables the provincial government to establish protected areas and specifies activities that are prohibited in such areas. The exploitation of forests within a wildlife sanctuary is prohibited, except for the purpose of “reducing firehazards [sic], epidemic or insect attacks or other natural calamities” (section 14(2)). In national parks, felling, tapping, collecting, burning, damaging or destroying any plant or tree is prohibited (section 15(4)(iii)). At the same time, the Ordinance requires that forests inside a nation park are “so managed and forest produce [so] obtained as not to impair the object of the establishment of the national park” (section 15(3)), suggesting that the extraction and use of forest products is permitted. The protections afforded by this Ordinance are subject to broad exemptions since the provincial government may authorise any of these activities for scientific purposes, for “aesthetic enjoyment or betterment of scenery” in a sanctuary (section 14) or for the “betterment” of a national park (section 15). In 2001, the protection clauses of the 1972 Ordinance were further limited through the promulgation of two Amendment Ordinances. New provisos were added to sections 14(3) and 15(4), allowing the


government to permit the laying of underground pipelines “using construction techniques other than blasting” in a wildlife sanctuary or national park, and exempting from the provisions of sections 14 and 15 “any activity” in sanctuaries or national parks that is connected with the “exploration or production of oil or gas”. Such operations must not “permanently disturb” wildlife or the environment, and must be undertaken in accordance with an environmental impact assessment (EIA), as defined in PEPA 1997. No mention is made of how the impact of such activities on forests is to be mitigated.


This Act provides for the preparation and maintenance of records-of-rights, and a number or related matters. According to the provisions of the law, all forests vest with the government unless ownership is expressly provided for in the record-of-rights completed on or before 18 November 1871 (section 50(1)). For records prepared after that date, these interests vest with the landowners concerned unless government ownership is expressly provided (section 50(2)). Third parties whose rights are affected in such matters are entitled to compensation (section 51).

5.2.8 Sindh Firewood and Charcoal (Restriction) Act 1964 (WP No. XI)

This Act prohibits the burning of firewood and charcoal in factories, brick kilns, lime kilns and other “fire places or class of fire places” notified by the government (section 3). The prohibitions do not apply to pottery works or to kilns being operated for personal use. Firewood is defined in section 2(b) to include “any kind of wood used for burning a fire” but excludes “shrubs, loppings of trees not exceeding six inches in girth, or the stumps of trees”. The preamble to this law states that the restrictions are imposed “in the public interest”, which may be interpreted to include conservation. Forest officers with a warrant may arrest anyone suspected of committing an offence under this Act or rules pursuant to it (section 6). They may also seize firewood or charcoal involved in the offence. The provincial government may make rules to implement the provisions of this Act (section 8). The maximum penalty for contravening the provisions of this law is imprisonment for a term of 30 days and/or fine of 500 rupees (section 4).

West Pakistan Firewood and Charcoal (Restriction) Act 1964 (No. XI) amended and adapted by: Sindh Adaptation of Laws Order 1975

5.2.9 Forest Act 1927 (No. XVI)

Enacted 80 years ago, the Forest Act 1927 remains the basic charter for forest management across most of Pakistan. Technically, this legislation operates as a provincial law. Although provincial governments are empowered to amend the law, it was only as recently as 2002 that the NWFP enacted its own legislation on the subject. Other provinces and the Northern Areas continue to manage forest resources under the Forest Act. Designed to protect forest areas and regulate forest produce, the Forest Act provides for the creation of various classes of forests and allows provincial governments to “reserve” state-owned forest land, assume control of privately owned forest land, and declare any government-owned forest land to be a protected area. The law prohibits grazing, hunting, quarrying, clearing for the purpose of cultivation, removing forest produce, and felling or lopping trees and branches in reserved or protected areas. Standing forests and wasteland on government-owned land, or over which the government enjoys proprietary rights, may be declared reserved by the government through notification in the official gazette (section 3). Clearing land, felling trees, cultivation, grazing livestock, trespassing, mining and


collecting forest produce are prohibited in reserved forests, along with hunting, shooting, fishing, setting traps or snares and poisoning the water (section 26). These offences are punishable with a maximum of six months’ imprisonment and/or a fine of 500 rupees, and offenders may also be required to pay compensation for damage caused. Section 26 also prohibits setting fires in a reserved forest, and allows the government to suspend for an indefinite period all rights in a reserved forest where a fire has been set, either deliberately or by negligence. The courts may levy fines on those found to be encroaching in a reserved forest and order the removal of such encroachments (section 26-A). Penalties under the 1927 Act were significantly revised in certain specified cases by means of a 1994 amendment applicable to the province of Sindh. In the case of offences related to reserved forests (section 26(1)), penalties depend on the value of the timber or forest produce involved, and extend to two years’ imprisonment and a fine of 30,000 rupees. In addition, tools, equipment and vehicles used to commit the offence as well as produce taken illegally are to be confiscated (section 26(4)). The courts are permitted to grant a reward to individuals providing information related to a forest offence or assisting in the apprehension of an offender, and such sums are to be paid out of the fines realised (section 26(5)). Moreover, government expense incurred for the removal of encroachments or the demolition of illegal structures is to be recovered from the offenders (section 26(6)). The government may assign rights over a reserved forest to a village community (section 28). Such forests are known as village forests. The government retains the power to make rules to regulate the management of village forests. All government-owned forests and wasteland not included in a reserved forest are designated as protected forests (section 29). The government may declare trees or classes of trees to be reserved, close entire forests or parts of a forest, and prohibit mining, clearing and the removal of forest products (section 30). The government may also suspend the rights of private persons in such forests, “provided that the remainder of such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the rights suspended in the portion so closed” (section 30(b)). This suggests that the government does not have absolute power to close private forests and must take into account the interests of rightsholders. In protected forests, cutting or damaging trees, quarrying, cultivation and setting fires are offences punishable with up to six months in prison and/or a fine of 500 rupees (section 33). Interestingly, hunting, shooting, fishing and poisoning the water in protected forests are not listed as offences. Rather, these activities are included in a detailed list of matters regarding which the government may make rules (section 32). As with reserved forests, the government may suspend all rights to a protected forest if damage has been caused by fire either wilfully or through negligence (section 34). The courts may impose penalties for trespass in a protected forest and evict trespassers (section 33-A). The 1994 amendment also increases maximum penalties for offences committed with respect to protected forests (section 33). Penalties are based on the value of timber or forest produce involved in the offence and may extend to two years’ imprisonment and a fine of 30,000 rupees (section 33(1)), along with the confiscation of equipment and illegally taken produce (section 33(3)). The courts may grant a reward to persons providing information about offences or assisting in the apprehension of an offender (section 334)), and the government may recover from the offender expenses incurred in the removal of illegal structures (section 33(5)). In addition to government-owned forests and wasteland, the Forest Act also allows the authorities to regulate privately-owned forests and land. This may be done when the protection of privately owned forests “appears necessary” for any of the following purposes: protection from floods or landslides; preserving soil; maintaining watersheds; safeguarding roads, bridges and railways; and the “preservation of the public health” (section 35). In such cases, the government is authorised to regulate or prohibit grazing, setting fires and clearing land for cultivation. The government may also carry out works on this land and, if necessary, acquire such land “for public purposes” (section 37). The law allows forest officials and police officers a wide range of powers, including the authority to arrest suspected offenders without a warrant (section 64), release detainees on bond (section 65) and act to prevent a forest offence from being committed (section 66). The government may award forest


officials additional powers to enter and survey land, issue search warrants, hold inquiries into forest offences, compel the attendance of witnesses and record evidence (section 72). The Forest Act introduces collective responsibility for forest management, requiring all rightsholders in reserved and protected forests to furnish evidence to the authorities about forest offences committed in their areas, and to prevent or extinguish forest fires (section 79). Meanwhile, forest officers performing their duties with respect to the provisions of the Forest Act are permitted to requisition police assistance (section 79-A). The provincial government has wide-ranging powers to make rules governing the harvesting of timber and non-timber forest products, and duties to be levied on timber and other forest produce (section 39). The provincial government also controls the transit of timber and forest products, including inter- and intra-provincial transport, whether by land or water (sections 41 and 42). The federal government controls the import, export and international transport of timber and non-timber forest products (section 41A). Under the 1994 Sindh amendment, maximum penalties for offences related to the transit of timber (section 42(1)) are increased to four years’ imprisonment and a fine of 20,000 rupees, as well as the confiscation of equipment and vehicles used in the commission of the offence (section 42(1-A)). Penalties related to marking timber and interfering with forest boundaries (section 63) are also increased in the 1994 amendment, and extend to eight years’ imprisonment or a fine of up to 40,000 rupees, along with compensation for damage caused to the forest, forest produce or timber. Incidents of cattle trespass in a reserved forest, or in a protected forest that has been closed to grazing, are handled under the Cattle Trespass Act 1871 (section 70). The provincial government may make rules and sub-delegate its powers to forest officers, who have policing and enforcing tasks in addition to responsibility for surveying, mapping and implementing rules issued under the law (section 72). Except for the authority to regulate the movement of timber across customs frontiers, which remains with the federal government (section 41-A), powers under the Forest Act are exercised by the provincial government.

Forest Act 1927 (No. XVI) amended by: Forest (Sindh Amendment) Act 1953 (No. VIII) Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Forests (West Pakistan Amendment) Ordinance 1962 (No. IV) Forest Laws Amendment Ordinance 1962 (No. X) Central Adaptation of Laws Order 1964 (President’s Order No. 1) Forests (West Pakistan Amendment) Act 1964 (No. VII) Forest (Sindh Amendment) Act 1972 (No. XIX) Sindh Adaptation of Laws Order 1975 Forest Act (Sindh Amendment) Act 1994 (No. XXX) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)

amended elsewhere: Forest (West Pakistan Amendment) Act 1964 (No. VII) by Sindh Adaptation of Laws Order 1975 Forest (Sindh Amendment) Act 1972 (No. XIX) by Sindh Repealing and Amending Act 1975 (No. XVII)

repealed elsewhere: Forest (Sindh Amendment) Ordinance 1972 (No. XX) by Act XIX of 1972

5.2.10 West Pakistan Registration of Boats for Extraction of Coastal Forest Produce Rules 1963

These Rules were framed under section 41, read with section 42, of the Forest Act 1927. They require that all boats used to transport forest produce from the Coastal Afforestation Division be registered with the forest department (section 3), and spell out procedures for registration (sections 4 and 5).


5.2.11 Land Preservation Act 1900 (Punjab No. II)

This Punjab law, extended to Sindh by means of the Sindh Adaptation of Laws Order 1975, allows the provincial government to provide for the prevention of soil erosion and the conservation of sub-soil water (section 3). In areas notified for preservation activities under section 3, the provincial government may regulate or temporarily prohibit cutting trees or timber, or removing forest produce other than grass, except for agricultural purposes (section 4(c)). It may also impose restrictions on setting fire to trees, timber or forest produce (section 4(d)). The government may examine forest produce taken from notified areas (section 4(f)) and regulate, restrict or prohibit the granting of permits to inhabitants of surrounding areas to take trees, timber or forest produce, pasture animals, erect buildings or carry out cultivation (section 4(g)). The government may apply similar restrictions to specified villages that fall within a notified area (section 5). Violating orders issued under this Act is a punishable offence (section 19). At the same time, offences committed with respect to forest produce under specified sections of the Forest Act 1927 are deemed to be offences committed under the Land Preservation Act (section 20).

5.3 FISHERIES There is no provincial legislation to promote the protection, preservation or development of fisheries for the purpose of environmental conservation. Provincial laws for the most part serve to regulate the commercial aspects of the fisheries sector. The Sindh Fisheries Ordinance 1980, for example, does not require that exploitation be integrated with the conservation and sustainable use of fish resources, although some clauses restricting fishing methods and specifying allowable catch sizes of individual specimens may operate indirectly as conservation measures. Fisheries laws make no mention of subsistence fishing. The Sindh Wildlife Ordinance, which gives the provincial government the power to designate wildlife sanctuaries, includes marine turtles in its Schedule of protected species but no fish species are mentioned. The sector is also governed by the federal Fisheries Act 1897, which deals with freshwater fisheries. The law remains in force, operating as a provincial statute, even though its substantive provisions are overridden by the Fisheries Ordinance. Activities related to fisheries are affected by laws enacted to regulate other sectors. The Sindh Industrial and Mineral Development Corporation Act 1988 awards the Corporation wide powers to exploit fisheries resources but provides no detail on how those powers are to be exercised. Similarly, under the Karachi Fisheries Harbour Authority Ordinance 1984, the Authority is responsible for logistical and administrative matters with respect to fisheries.


Under the provisions of the SLGO, administrative and financial authority in a number of areas has been devolved to the district level (section 14, read with the First Schedule, part A). Fisheries is one such subject, and the sector is to be managed by the district government as part of the “grouped” agriculture office (section 14, read with the First Schedule, part C, item ii).


These Rules, framed under section 31 of the SLGO, provide for the working of “grouped” district offices. The manner in which responsibilities are distributed amongst grouped offices is spelled out in schedule II (read with section 3(2)). Fisheries are to be managed as part of the grouped agriculture office (section 3(1), read with schedule I, item 2). The agriculture office is responsible for enforcing fisheries law at the district level,


and for the “lease of fishing rights, conservation, management and promotion of fisheries in water areas except rivers, canals, and barrages/pond areas which have no boundaries” (schedule II, item 2(vi)) within its jurisdiction. Its functions include issuing angling licences, aquaculture development, fish stock replenishment in natural water bodies and supervising the operation of hatcheries (ibid). The agriculture office also performs tasks related to extension services, education, training, awareness-raising activities and the collection of statistical data for the fisheries sector (ibid).


This Act establishes an Authority that is responsible for the development, improvement and beautification of the coastal areas of Thatta and Badin districts (section 7(1)). The Authority may plan and execute schemes related to a number of sectors including fisheries (section 7(2)(c)), and assists in the development of fish harbours (section 7(11)). The Coastal Development Authority continues to operate under the provincial government hierarchy.

5.3.4 Sindh Industrial and Mineral Development Corporation Act 1988 (No. VII)

This law establishes an Industrial and Mineral Development Corporation to promote various industrial activities including the exploitation of “fisheries and other commercial water produce” (section 4(a)(ii)). These operations are defined in section 2(f) to include fish and shrimp farms, cold storage, packaging, and “specialised fisheries transportation”. The Corporation is also authorised to acquire and dispose of property (section 5).

5.3.5 Karachi Fisheries Harbour Authority Ordinance 1984 (No. II)

This Ordinance establishes the Karachi Fisheries Harbour Authority as an autonomous body under the provincial government, responsible for planning and regulating harbour design, construction and operations, and for registering fishers, fish dealers and transporters (section 12(2)). The Ordinance establishes the parameters within which the Authority is to operate but does not provide general principles to be followed in doing so. Nor does the law specifically provide for or enable any measures to monitor and mitigate the environmental impact of harbour operations. The provincial government is empowered to make rules to regulate fisheries resources (section 31).

Karachi Fisheries Harbour Authority Ordinance 1984 (No. II) amended by: Karachi Fisheries Harbour Authority (Amendment) Ordinance 1984 (No. XXXII) Karachi Fisheries Harbour Authority (Amendment) Act 1996 (No. XVI)

repealed elsewhere: Karachi Fisheries Harbour Authority (Amendment) Ordinance 1996 (No. II) by Act XVI of 1996

5.3.6 Korangi Fisheries Harbour Authority Ordinance 1982 (No. XVI)

This federal law provides for the establishment and operation of the Korangi Fisheries Harbour Authority. For the purposes of this Ordinance, fish are defined broadly as “any species of fish or aquatic animal including whales, seals, porpoises, turtles, shell-fish, oyster, crustaceans, ascidians and spawn and eggs of such animals” (section 2(f)). The Authority determines charges to be levied for the registration of fishers, and for exporters of fish and fish products (section 9(3)(a)). It has no specific responsibilities regarding the environmental protection of the area under its control and is under no obligation to undertake conservation work. The language of section 9(2)(r), however, allows the Authority to “carry out other important work […] if necessary and appropriate”. This provision could be interpreted as enabling conservation measures, were the Authority to determine that conservation is appropriate or important.


5.3.7 Sindh Fisheries Ordinance 1980 (No. III)

This Ordinance regulates fishing operations, and applies to inland fisheries in public waters as well as to territorial waters. Fishing is defined broadly in section 2(d) as the “taking or catching of fish by any means” while public waters are defined in section 2(r) to include “any waters other than the [sic] private waters and includes territorial waters”. The law applies to “all kinds of fish” including “molluses, crustaces and kelp-fish [sic]” (section 2(c)). The provincial government has the power to issue leases or fishing licences in any public waters (section 3(1)). Leaseholders may in turn issue permits for fishing in leased waters (section 3(2)). The Ordinance lays down restrictions in the case of selected species of fish. Under section 4, for example, the species listed in the First Schedule may only be caught with a permit or licence, and only during a specified period. Section 5, which applies to the same species listed in the First Schedule, prohibits the taking of specimens that are smaller than 12 inches in size. The government may add or remove species from this Schedule, or alter the period during which fishing of these species is permitted (section 25). A licence is also required to operate a “fishing craft”, defined as a “vessel propelled or moved in any manner and used in fishing or for transport or processing of fish” (section 2(e)). This provision does not apply to recreational fishing. In addition to these regulatory measures, the Ordinance allows the government to declare “any public waters” to be a sanctuary for the species mentioned in the First Schedule, and to prohibit the killing, capturing or taking of fish from such waters for a specified period without a “special” permit (section 6). The government regulates various aspects of commercial fishing including the size of mesh that may be employed, the type of fishing equipment that may be used, and processing and marketing operations (sections 9, 10, 11 and 27). The government may appoint fisheries inspectors (section 13) who are empowered to arrest suspected offenders, seize equipment and fish involved in a suspected offence (section 16), “compound” offences” (section 26), and call for police assistance (section 18). Although intended primarily to protect commercial stocks, certain provision of the Ordinance nevertheless serve to protect fish species in general, along with aquatic environments. Under section 7, for example, the use of explosives, poisons and “noxious” materials for the purpose of “catching or destroying fish and other aquatic life” is prohibited in “any waters”. Similarly, section 8 prohibits the discharge of untreated sewage, “effluence [sic]” and factory waste into “any waters”; all such waste must be treated so that it is “harmless for fish and other aquatic life”. The maximum penalty for carrying out fishing operations without a licence (an offence under section 4) is a fine of 50,000 rupees and/or imprisonment for a term of one year (section 21(1)), along with the forfeiture of equipment and illegally taken fish (section 21(4)). Maximum penalties for employing destructive methods such as killing fish with dynamite or poison, and for discharging untreated industrial or municipal waste (offences under sections 7 and 8) are lower, at 10,000 rupees and/or six months’ imprisonment (section 21(1-A)). The law holds companies and their senior staff (section 21(5)) as well as owners or those in charge of fishing crafts, processing factories or “fishing yards” involved in an offence to be liable if they “knew or had reason to believe” that an offence was committed (section 22). The government may delegate its powers under this Ordinance (section 24), and make rules to regulate a wide range of activities including “quality certificates for processed or unprocessed fish used for processing, domestic consumption or inter-provincial trade”; the determination of royalties and other government dues on vessels and fish catches; licence fees; conditions on which leases are issued; the utilisation of receipts recovered under this Ordinance; and rewards to individuals assisting in the “detection” of offences under this Ordinance (section 27).

Sindh Fisheries Ordinance 1980 (No. III) amended by: Notification No. 5(2)SO(F)/78:II dated 13 July 1983


Sindh Fisheries (Amendment) Act 2003 (No. VI of 2004 [sic]) repeals: Sindh Fisheries Ordinance 1961 (WP No. XXX)

repealed elsewhere: Sindh Fisheries (Amendment) Ordinance 2003 by Act VI of 2004

also see: Notification No. 5(2)SO(F)/78:II dated 13 July 1983 Sindh Fisheries Rules 1995 Notification No. SO(FISH)5(4)/95 dated 5 December 1995 Notification No. 3(5)SO (Fish)/91 dated 15 June 1999 Notification No. SO(Fish)5(6)/AL&F/2000 Notification No. 5(3)SO(Fish)L&F/2003 dated 6 May 2004 Notification No. 5(3)SO(Fish)03 dated 22/23 February 2005

5.3.8 Sindh Fisheries Rules 1983

These Rules, framed under section 27 of the Sindh Fisheries Ordinance 1980, provide for the regulation of fishing operations. They contain procedures related to the issuing of fishing licences and permits, and the registration of fishing vessels (sections 3–5). The Rules also provide for the leasing of fishing rights in “any public waters” (sections 6–8). Such leases, issued annually through an open auction, apply in the months of May and June (section 6(1)). During this period, no fishing in leased waters may be carried out except by the leaseholder (section 7). Lease and licence holders are required to provide information regarding the area fished, the gear used, and the type and quantity of fish caught (section 10). If a “reasonable bid” is not received, public waters may be fished “departmentally” (section 14(1)). The Rules provide for the declaration of sanctuaries within public waters and such areas are to be clearly marked so that “the person who happens to visit or use those waters should at once know that it is a sanctuary” (section 11). Limited protections are in place for specified species. The Hilsa shad (Tenualosa ilisha), known locally as palla, may not be caught by any method within a distance of one mile below the gates of the Kotri Barrage, except by fisheries department employees for research (section 9(2)). Obstructing the upstream movement or migration of the Hilsa is not permitted (section 9(1)). In the case of the rohu (Labeo rohita), mori (mrigal, Cirrhinus mrigala) and thaila (catla, Catla catla), the Rules specify the number of specimens that may be caught and the gear that may be used (section 12) while for these species as well as the calbasu (orange-fin labeo, Labeo calbasu), the Rules also specify the size of mesh that may be used (section 13). Special permission from the authorities is required to collect, sell or culture oysters within the creeks of the Indus river delta (section 9(3)). The Rules provide for the establishment of a fund which is used to finance the development of fisheries (section 26). The remaining provisions of the Rules deal with matters related to the landing, processing and sale of fish at markets and “collection centres”, and the collection of royalties. Leases, licences and permits may be cancelled for violating the provisions of the 1980 Ordinance and the Rules (sections 8 and 3(8)). Offences not covered by section 21 of the 1980 Ordinance are punishable with a maximum fine of 1,000 rupees or imprisonment for up to 30 days (section 27).


This Ordinance enables the provincial government to designate protected areas, and to impose restrictions on the hunting of various species of wild birds, reptiles and mammals. The term ‘wildlife’ is defined broadly in this Ordinance as “organic resources, animals, birds, fish, reptiles, vegetation, soil and water” (section 2(n)). It is worth noting that, although fish are “organic resources” and thus included within the original definition, fish were not specifically mentioned in the law until some 20 years after the Ordinance was promulgated, when the definition of wildlife was amended by means of a 1993 amendment.


Provisions of the Ordinance that are related specifically to fisheries include section 14, which allows the government to declare wildlife sanctuaries and may be interpreted to mean that an area can be so designated to protect fish species. In addition, fishing waters within a wildlife sanctuary cannot be leased, auctioned or “in any way used” for fishing or the collection of lotus or roots for commercial purposes (section 14(4)). The 1993 amendment annulled all such leases, agreements or similar transactions in fishing waters in wildlife sanctuaries as of 1992. The Ordinance prohibits the hunting of “protected” animals (section 7(i)), defined simply to mean all animals listed in the Second Schedule (section 2(j)). Fish are not included in either of the two Schedules appended to the 1972 Ordinance. The Indus River dolphin and several varieties of marine turtle are, however, protected under the Ordinance (Second Schedule items 5 and 6, read with section 7(1)). The maximum penalty for hunting these species is two years’ imprisonment and/or a fine of 1,000 rupees (section 17(1)(ii)). While the law forbids the hunting of protected animals, except under specified conditions, it allows them to be killed in self-defence or to protect human life and property (section 19). The incidental or accidental killing of protected species is not mentioned. This law repeals the West Pakistan Wildlife Protection Ordinance 1959 and the Wild Birds and Animals Act 1912 in their application to the province of Sindh (section 43).

5.3.10 West Pakistan Fisheries Rules 1965

These Rules were framed under the West Pakistan Fisheries Ordinance 1961. While the Sindh Fisheries Ordinance 1980 repeals the 1961 Ordinance, it does not specifically save or repeal rules framed under the repealed law. Nor are these Rules specifically repealed or saved by the Sindh Fisheries Rules 1983. The 1965 Rules provide for a number of matters related to fishing including various categories of fishing licences and leases, and the terms under which they are granted; licence fees; and types of fishing gear and nets that may be used. Restrictions are imposed on the size and number of fish of a particular species that may be caught. With respect to trout, fishing is prohibited during the closed season, from October 10 to March 9 each year. Trout waters are divided into “reaches” for licensing purposes.

West Pakistan Fisheries Rules 1965 amended by: West Pakistan Fisheries Rules 1965, Amendments (Notification No. 4(107)S.O.(F&G/64) dated 9 December 1966, PLD volume XIX–1967, page 49)

West Pakistan Fisheries Rules 1965, Amendment (Notification No. F-II/55-FTV/69 dated 17 October 1969, PLD volume XXII–1970, page 190–191)

5.3.11 Fisheries Act 1897 (No. IV)

This federal Act, which operates as a provincial law, regulates certain aspects of fisheries within both public and private waters. Private waters are defined as waters that are the “exclusive property of any person” or in which “any person has […] an exclusive right of fishery whether as owner, lessee or in any other capacity” (section 2(3)) while fish are defined to include shellfish (section 2(1)). The law forbids the use of explosives for the purpose of fishing in “any water” (section 4(1)). This prohibition extends to the sea for up to a distance of one marine league from the coast (section 4(2)). The law also prohibits the use of poison to catch or destroy fish in “any water” but gives the provincial government the discretion to modify that prohibition for a specific area (section 5). The provincial government has the power to regulate fishing by making rules to govern the construction of weirs and the use of fishing equipment (section 6(3)), and to prohibit fishing in any area for a period of up to two years (section 6(4)). Such rules may be extended to private waters with


the written consent of the owner or those with exclusive fisheries rights in such waters (section 6(2)). The police or a provincial government officer may, under limited conditions, arrest without a warrant persons suspected of committing an offence under this Act (section 7). Offences under this law are also covered by the Sindh Fisheries Ordinance 1980, where the penalties stipulated are significantly higher. The 1897 Fisheries Act is to be read as “supplemental” to other legislation governing fisheries (General Clauses Act 1887, sections 8 and 10).

Fisheries Act 1897 (No. IV) amended by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI)

5.4 WILDLIFE, FAUNA AND NON-TIMBER FLORA The law gives the provincial government wide powers to regulate the hunting and capture of wild birds and animals. There are no restrictions on the licensing powers of the provincial government, nor are there legislative guidelines for the coordinated management and sustainable use of wildlife. The Sindh Wildlife Ordinance 1972 does not provide for the conservation of wildlife habitat, the protection of breeding populations of wild animals, or the promotion of research required to establish the parameters for such activities. Nor does it accommodate the country’s obligations under various international treaties and agreements concerning the conservation of biodiversity, the protection of migratory species and the trade in endangered species. The limited protections afforded to specified wildlife species are further weakened by the fact that broad exemptions may be granted by government officials in a variety of situations to allow prohibited activities. The Sindh Wildlife Ordinance is outdated in many respects but other instruments governing the sector are archaic. The Glanders and Farcy Act 1899, for example, deals with communicable diseases among domestic livestock while there are no laws to govern current issues, including diseases of wild animals that can infect domestic animals, such as avian influenza. Similarly, the Prevention of Cruelty to Animals Act 1890 focuses on working conditions for draught animals with only marginal provisions concerning activities such as bear-baiting and no provisions to regulate or prohibit the keeping in captivity of exotic species, including endangered species. Meanwhile, the Elephants’ Preservation Act 1879 remains in force even though elephants are no longer found in the wild anywhere in Pakistan.


Under the SLGO, administrative and financial authority in a number of areas has been transferred from the provincial government to the district. The subject of wildlife, however, remains under the jurisdiction of the province. As such, the SLGO contains no provisions specifically concerning wildlife but certain provisions of the Ordinance indirectly apply. For example, the Ordinance allows local governments to declare certain animals to be “dangerous” and to provide for the “detention, destruction or disposal” of such animals (section 195, read with the Sixth Schedule, item 3). This is to be done by means of by-laws. Similarly, local governments are empowered to regulate “dangerous articles and offensive trades” (Sixth Schedule, item 44) which include the keeping of animals “likely to create nuisances” (Annex). In addition, local governments may establish veterinary hospitals and dispensaries, and take measures to prevent the spread of contagious disease among animals (Sixth Schedule, item 5). They may also contribute towards the upkeep of zoological gardens (Sixth Schedule, item 8(2)). Grazing areas are regulated by the union administration (section 76(o)), which establishes cattle pounds and provides “protection” from stray animals (section 76(n)). Animals found trespassing on agricultural land may be seized and sent to a government pound (Sixth Schedule, item 10(1)). Under the SLGO, the union administration is also responsible for enforcing the provisions of the Cattle


Trespass Act 1871 (section 141(6), read with the Tenth Schedule). The remaining provisions of the Ordinance are related to domestic and food animals. Under the SLGO, keeping “ferocious dogs and other animals” in a residential area is an offence, punishable with an immediate fine of 200 rupees (section 141, read with the Eighth Schedule, item 7). A repeated offence within a period of three months incurs a maximum penalty of up to six months’ imprisonment and/or a fine of 5,000 rupees, in addition to a daily penalty of 200 rupees while the offence continues. Since “other animals” are not defined specifically, this clause may be interpreted to refer to exotic pets, including endangered species. It is also an offence to set free a diseased animal (ibid.). Other offences, punishable with similar fines, concern animal trespass and the failure to remove “offensive” vegetation (section 141, read with the Eighth Schedule, items 3, 16, 23 and 41).


This Ordinance prohibits the hunting of certain species of wild birds, reptiles and mammals, and allows the provincial government to designate protected areas. The term ‘wildlife’ is defined broadly as “organic resources, animals, birds, fish, reptiles, vegetation, soil and water” (section 2(n)) while protected animals are simply those “specified” in the Second Schedule (section 2(j)). A single section in this Ordinance deals specifically with the protection of wildlife. Section 7(i) states that no “protected animal” may be hunted. The species to which this provision applies are listed in the Second Schedule. This Schedule has been amended on a number of occasions, either to provide protection to additional species or to grant exemptions to hunting parties in certain locations for a specified period. The substantive provisions of this law serve to regulate hunting, and to monitor the trade in animals and animal parts. Permits are required to hunt game animals (section 7(ii)), defined as those species specified in the First Schedule (section 2(d)). Species considered to be game animals are listed in the First Schedule, along with various conditions applicable to each species, such as the number of specimens that may be taken and the season in which hunting is permitted. Possession of or trade in wild animals and animal parts is authorised under a certificate of lawful possession (sections 10 and 11). The import and export of wild animals is also permitted with a licence (section 12). Similarly, dealing in wild animals and trophies, and operating businesses that manufacture goods from wild animal parts is permitted with a licence (section 13). It is worth noting that under the Ordinance, the term ‘wild animal’ is defined to include not just game animals mentioned in the First Schedule but also protected species listed in the Second Schedule (section 2(m)). The protections offered to some species are limited by provisions that allow broad exceptions to be made in every case. Any animal, including one belonging to a species listed as protected, may be killed in defence of oneself or another, or to protect livestock and standing crops (section 19). The government may also grant exemptions in the interest of any scientific or public purpose (section 39). Similarly, although killing a “protected animal” is prohibited (section 7(i)), the government may nevertheless grant a “special permit” to hunt any species of wild animal whether or not it has been declared to be protected (section 41(2)(e)). Meanwhile, the accidental or incidental killing of protected species is not mentioned. It is worth nothing that while hunting or killing “protected animals” is prohibited by law, except under specified conditions, the Ordinance does not impose an outright ban on their possession. The provisions related to possession, including trade and import or export (sections 10–13), all specify that a licence is required but the general term “wild animal” is used and that term, as defined in section 2(m), includes game animals as well as protected animals. Under the Ordinance, capturing a “wild animal” is specifically prohibited only within the perimeters of a wildlife sanctuary or national park. In 2001, the protection clauses of the 1972 Ordinance were further limited through the promulgation of two Amendment Ordinances. New provisos were added to sections 14(3) and 15(4), allowing the government to permit the laying of a single underground pipeline in a wildlife sanctuary or national park “using construction techniques other than blasting”, and exempting from the provisions of sections 14 and 15 “any activity” in sanctuaries or national parks that is connected with the


“exploration or production of oil or gas”. Such operations must not “permanently disturb” wildlife or the environment, and must be undertaken in accordance with an EIA, as defined in PEPA 1997. No mention is made of how the impact of such activities on wildlife is to be mitigated. The law requires that the government establish a Wildlife Management Board (section 4), which operates a fund (section 5). Specific functions and responsibilities of the Board are not specified, nor does the law state where monies in the fund come from or on what they are to be spent. These matters may be addressed by means of rules framed by the provincial government (section 41). Wildlife officials, forest officers and other officials are awarded powers to arrest suspected offenders without a warrant (section 27), search without a warrant premises or persons (section 21), seize wild animals as well as equipment involved in a suspected offence (section 22), release suspects on bond (section 28) and “compound” offences to the tune of 15,000 rupees (section 33). The government may delegate to wildlife officials additional powers to hold an inquiry, call witnesses, issue search warrants and prosecute a case (section 34). Originally, maximum penalties under the 1972 Ordinance amounted to two years’ imprisonment and/or a fine of 1,000 rupees (sections 17(1), 17(2) and 17(3)). These penalties were increased significantly in 1998, by means of an Amendment Ordinance, but only with respect to the hunting of specified species. Penalties in the 1998 amendment, added by means of a new section 17(1-A), are as follows: three months’ imprisonment or a fine of 100,000 rupees for hunting rabbit; six months in prison or a fine of 150,000 rupees for hunting deer, “hooder” or “para”; and a nine-month sentence or a fine of 300,000 rupees for hunting Sindh ibex or wild sheep (section 17(1-A)). The maximum penalties for other offences under this law remained unchanged until 2001, when an Amendment Ordinance issued in that year brought about a tenfold increase in the fines that could be imposed under sections 17(1), 17(2) and 17(3). This amount now stands at 10,000 rupees. In addition to amendment acts and ordinances, many notifications have been issued over the years to amend the 1972 Ordinance or its Schedules. Some of these amendments are merely procedural, granting powers to officials or delegating authority. Other amendments grant specific exemptions, or add or remove species from the Schedules to facilitate hunting for individuals in specific areas. Such notifications are not always reproduced in law journals. The 1972 Ordinance repeals the West Pakistan Wildlife Protection Ordinance 1959 and the Wild Birds and Animals Act 1912 in their application to the province of Sindh (section 43). The Sindh Wild Birds and Wild Animals Protection Act 1940, meanwhile, was repealed by the 1959 West Pakistan Ordinance.

Sindh Wildlife Protection Ordinance 1972 (No. V) amended by: Sindh Wildlife Protection (Amendment) Act 1972 (No. X) Sindh Wildlife Protection (Second Amendment) Act 1972 (no XVII) Sindh Wildlife Protection Ordinance 1972, Amendments in First and Second Schedules (Notification dated 9 September 1972, PLD volume XXIV–1972, page 339)

Sindh Wildlife Protection Ordinance 1972, Amendments in the Schedules (Notification dated 10 October 1972, PLD volume XXV–1973, page 31)

Sindh Wildlife Protection Ordinance 1972, Amendments in First Schedule (Notification dated 10 October 1972, PLD volume XXV–1973, page 32)

Sindh Wildlife Protection Ordinance 1972, Amendments in First Schedule (Notification dated 24 October 1972, PLD volume XXV–1973, page 24)

Sindh Wildlife Protection Ordinance 1972, Amendment of Schedules (Notification dated 30 December 1976, PLD volume XXIX–1977, page 82)

Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Wildlife Protection (Amendment) Ordinance 1978 (No. XV) Sindh Wildlife Protection (Amendment) Act 1990 (No. VI) Sindh Wildlife Protection (Amendment) Ordinance 1992 (No. VI) Sindh Wildlife Protection (Amendment) Act 1993 (No. III of 1994 [sic]) Sindh Wildlife Protection (Amendment) Ordinance 1998 (No. IV) Sindh Wildlife Protection (Amendment) Ordinance 2001 (No. VI) Sindh Wildlife Protection (Second Amendment) Ordinance 2001 (No. XVIII) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)

repeals: West Pakistan Wildlife Protection Ordinance 1959 (No. LVI) Wild Birds and Animals Act 1912 (No. VIII)

repealed elsewhere:


Sindh Wild Birds and Wild Animals Protection Act 1940 (No. XXI) by Ordinance LVI of 1959 Sindh Wildlife Protection (Amendment) Ordinance 1972 (No. VIII) by Ordinance X of 1972 Sindh Wildlife Protection (Second Amendment) Ordinance 1972 (No. XVIII) by Act XVII of 1972 Sindh Wildlife Protection (Amendment) Ordinance 1990 (No. I) by Act VI of 1990

5.4.3 Sindh Wildlife Protection Rules 1972

These Rules, framed under the Sindh Wildlife Protection Ordinance 1972, focus on procedures concerning licence fees and permits. They contain detailed provisions related to various types of hunting and shooting permits, and specify licence fees, renewal charges and other conditions applicable in each case (sections 9–15 and 20). The restrictions and protections specified in the 1972 Ordinance are subject to broad exemptions which, along with the fees and conditions attached to them, are spelled out in the Rules. Section 13 contains a detailed table of the various permits, licences and “special” permits that may be issued for activities such as using prohibited hunting methods (item 3) or carrying out other activities that are normally prohibited in a wildlife sanctuary or national park (items 10 and 11). Similarly, the Rules allow any person, local authority, statutory organisation or government department to capture wild birds and animals in a wildlife sanctuary or national park upon submission of a written application (section 16(1)). Animals and birds listed in the Schedules appended to the 1972 Wildlife Ordinance may not be cooked or served in a public place, hotel, café, restaurant, hostel, boarding house or any other catering establishment, except during the hunting season for each species, as specified in the Schedules, or if the bird or animal has been “lawfully obtained” (section 17). Carrying firearms within a national park, wildlife sanctuary or game reserve, or taking a “sporting dog” into such areas, is prohibited, except with a permit or in cases where a right of way has been established (section 18). The Rules allow game wardens, other wildlife officials and forest officers to confiscate any wild animal suspected to have been taken illegally, along with equipment and vehicles used to commit the suspected offence (section 19). The Rules also specify the powers of the Sindh Wildlife Management Board, which takes policy decisions regarding the “conservation and development of wildlife and game management” (section 3(a)), and approves and monitors the progress of wildlife and game “development schemes” (section 3(b) and (d)). The Board appoints inspectors and game “watchers” (section 3(e)), oversees the work of district game wardens (section 3(g)), and is empowered to act as an appellate authority in cases where wildlife officials have been punished (section 3(f)). Among the powers of the Board chairman is the authority to issue hunting or shooting licences and permits free of charge to heads of state, diplomats and other influential persons (section 8). These Rules do not specifically override, supersede or repeal earlier wildlife rules issued under the repealed 1959 Wildlife Ordinance and 1940 Wild Birds and Wild Animals Act.

Sindh Wildlife Protection Rules 1972 amended by: Sindh Wildlife Protection Rules 1972, Amendments (Notification dated 10 October 1972, PLD volume XXV–1973, page 32) Sindh Wildlife Protection Rules 1972, Amendments (Notification dated 19 October 1972, PLD volume XXV–1973, page 24) Sindh Wildlife Protection Rules 1972, Amendments (Notification dated 20 November 1973, PLD volume XXVI–1974, page 18)

Sindh Wildlife Protection Rules 1972, Amendments (Notification dated 9 April 1974, PLD volume XXVI–1974, page 57) Sindh Wildlife Protection Rules 1972, Amendment [1] (Notification dated 27 November 1978, PLD volume XXXI–1979, page 10)

Sindh Wildlife Protection Rules 1972, Amendment [2] (Notification dated 27 November 1978, PLD volume XXXI–1979, page 10)

Sindh Wildlife Protection Rules 1972, Amendment (Notification dated 17 December 1978, PLD volume XXXI–1979, page 12)

Sindh Wildlife Protection Rules 1972, Amendment (Notification dated 9 January 1986, PLD volume XXXVIII–1986, page 18)


5.4.4 West Pakistan Wildlife Protection Rules 1960

These Rules were framed under section 26 of the West Pakistan Wild Life Protection Ordinance 1959. Although the 1959 Ordinance was repealed by the Sindh Wildlife Protection Ordinance 1972, rules framed under the repealed Ordinance are saved in section 43(2) of the 1972 Ordinance. While the Rules continue in force, enforcement is problematic. Since the 1959 Ordinance itself is repealed, all provisions related to species mentioned in the First and Second Schedules to the 1959 Ordinance are void. As such, only two substantive provisions remain in force: special permits are required to capture hares for use in coursing competitions (section 12) and persons carrying a firearm or accompanied by a hunting dog must obtain a permit from the authorities before entering a game reserve or wildlife sanctuary (section 19). These Rules do not specifically override or supersede rules issued under the repealed 1940 Wild Birds and Wild Animals Act.

West Pakistan Wildlife Protection Rules 1960 amended by: West Pakistan Wildlife Protection Rules 1960, Amendment (Notification dated 1 September 1961, PLD volume XV–1963, page 32)

West Pakistan Wildlife Protection Rules 1960, Amendments (Notification dated 23 March 1962, PLD volume XIV–1962, page 461)

West Pakistan Wildlife Protection Rules 1960, Amendments (Notification dated 18 December 1964, PLD volume XVII–1965, page 72)

West Pakistan Wildlife Protection Rules 1960, Amendments (Notification dated 19 March 1965, PLD volume XVII–1965, page 109)

West Pakistan Wildlife Protection Rules 1960, Amendments (Notification dated 17 December 1965, PLD volume XVIII–1966, page 108)

West Pakistan Wildlife Protection Rules 1960, Amendment (Notification dated 20 May 1966, PLD volume XVIII–1966, page 265)

West Pakistan Wildlife Protection Rules 1960, Amendment (Notification dated 29 January 1971, PLD volume XXIII–1971, page 36)

5.4.5 Sindh Wild Birds and Wild Animals Protection Rules 1953

These Rules, issued under section 15 of the Sindh Wild Birds and Wild Animals Protection Act 1940, provide exclusively for matters related to the hunting and capture of specified birds and animals, and the issuing of permits. For the purposes of the 1940 Act under which these Rules were framed, “protection” is restricted to the issuing of hunting licences and permits. Although the 1940 Act was repealed by the West Pakistan Wildlife Protection Ordinance 1959, rules framed under the repealed Act are saved (1959 Ordinance, section 27(1)). Conditions under which various species may be hunted, including methods that may be used and those that are prohibited, are specified (sections 3 and 5). Permits that may be issued under the Rules include “professional” permits, which apply to “contractors” supplying wild animals to zoological gardens, aviaries and “Research Societies” (section 6(4)), and “special” permits that allow the hunting of specified species, among them the urial and Sindh ibex (section 6(3)(ii)), both of which are protected under the 1972 Wildlife Ordinance. Restrictions applicable to special permits are in most cases relaxed for holders of professional permits (section 6(5)). No permit holder is allowed to possess a wild bird or animal that has been “seriously maimed or injured”, and no captive wild bird or animal may be subjected to cruelty (section 17). Permit holders must acquire “special permission” from the conservator to enter reserved or protected forests, as well as closed forests, for the purpose of hunting (section 9(i)). Possession of a permit does not exempt permit holders from liability under the Forest Act 1927 for any damage caused or offence committed under that law during hunting expeditions (section 9(ii)). Conditions related to trapping and capture are spelled out in sections 15–18 while the powers and duties of wardens are specified in sections 19–25.


As is the case with the 1960 Wildlife Rules, enforcement of the 1953 Rules is also problematic. Since the 1940 Act is repealed, all provisions related to species mentioned in the three Schedules to the Act, as well as all rules that refer to specific provisions of the Act, are void.

Sindh Wild Birds and Wild Animals Protection Rules 1953 amended by: Sindh Wild Birds and Wild Animals Protection Rules 1953, Amendment (Notification No. 1369(AH)-F&A/57/8646 dated 15 April 1957, PLD volume IX–1957, page 129)

5.4.6 Glanders and Farcy Act 1899 (No. XIII)

This federal law allows steps to be taken to control the spread of communicable disease among domestic animals. The term ‘disease’ is defined to mean glanders, farcy or any other “dangerous epidemic disease” (section 2(1)). Although the provisions of this law apply to horses, camels, asses and mules (section 2(2)), the precautionary measures specified also prevent wild animals from becoming infected. The law does not cover avian diseases, nor do its provisions apply to any diseases afflicting other types of animals. Government inspectors appointed under this law (section 4) are authorised to enter and search fields, buildings and “other place[s]” in order to determine whether infected animals are being kept on the premises (section 5). Inspectors may seize animals suspected of carrying disease (section 6) and must have all such animals examined by a veterinary practitioner (section 7). Animals found to be diseased are to be destroyed (section 8) and the premises on which they were kept, along with the surrounding area, must be disinfected (section 9). Animals that have come into contact with diseased animals may not be removed from the premises except “in good faith for the purpose of preventing infection” or after obtaining a licence from the authorities (section 11). The law also requires owners of diseased animals to inform the authorities (section 10). The maximum penalty for violating the provisions of sections 9 and 11 is imprisonment for a term of one month and/or a fine of 50 rupees (section 13). All powers under this law lie with the provincial government, which may also make rules to carry out the purposes of this Act (section 14). For this Act to come into effect, the provincial government must issue a notification applying the law to “any local area” (section 3).

Glanders and Farcy Act 1899 (No. XIII) amended by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI)

also see: Glanders and Farcy Act 1899, Declaration under section 2(1) to the effect that for the purpose of the definition contained in the said subsection “diseased” includes affected with South African Horse Sickness (Notification No. IX-31(A)-SOAHII(P&D)-59 dated 29 October 1959, PLD volume XI–1959, page 423)

5.4.7 West Pakistan South African Horse Sickness Rules 1959

Framed under the Glanders and Farcy Act 1899, these Rules provide for measures to deal with animals infected by the African horse sickness. The Rules cover a wide range of matters including the isolation of diseased animals (sections 4 and 5), the cleaning and disinfection of premises and equipment (section 8), and disposal of the carcases of diseased animals (section 7). The government is to pay compensation, at rates specified in the Rules, for all animals destroyed under the provisions of the 1899 Act (section 13). Police officers are required to provide assistance to animal health officials carrying out their functions under the law (section 11). Violation of the Rules is punishable with a maximum term of one month in prison and/or a fine of 50 rupees (section 14).


5.4.8 Prevention of Cruelty to Animals Act 1890 (No. XI)

This federal law, which operates as a provincial law and delegates all powers under it to provincial governments, applies to “domestic or captured” animals (section 2(1)). The law does not define either of these terms, and deals primarily with livestock and draught animals. There is, however, nothing in the law to exclude captured wild animals from its ambit. In fact, section 6C which prohibits animal fights and baiting except under specified conditions suggests that the protection clauses of this law were intended to cover other animals besides livestock. Under the law, it is an offence to kill an animal in an “unnecessarily cruel” manner (section 5). Maximum penalties under the Act are a fine of 500 rupees and/or imprisonment for a term of two years. At the local level, enforcement of the 1890 Act is the responsibility of the grouped district agriculture office (Sindh District Governments (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 2(ii)(c)).

Prevention of Cruelty to Animals Act 1890 (No. XI) amended by: Prevention of Cruelty to Animals (Amendment) Act 1917 (No. XIV) Prevention of Cruelty to Animals (Sindh Amendment) Act 1923 (No. IX) Prevention of Cruelty to Animals (Amendment) Act 1938 (No. XXV) Central Laws (Statute Reform) Ordinance 1960 (No. XXI)

5.4.9 West Pakistan Prevention of Cruelty to Animals Rules 1961

These Rules, issued under the Prevention of Cruelty to Animals Act 1890, deal primarily in matters related to draught animals. The only provision that applies generally to all animals is section 3, which allows the government to designate “recognised societies” for the prevention of cruelty to animals (section 3).

5.4.10 Elephants’ Preservation Act 1879 (No. VI)

This federal Act, which operates as a provincial law, has been repealed in the Punjab as well as the Islamabad Capital Territory. No legal instrument repealing this law in its application to Sindh could be identified. The Act governs the capture or killing of elephants and the taking of ivory, and requires hunters to obtain a licence (section 3(c)). Killing, injuring, capturing, or attempting to kill, injure or capture a wild elephant is permitted without a licence, as long as it is done in defence of human life, or to protect homes, farms, public roads, railways or canals (sections 3(a) and 3(b)). Powers under the Act are delegated to provincial governments, which may extend the application of this law to any area within their jurisdiction (section 1). This statute remains in force despite the fact that in Pakistan elephants are no longer found in the wild.

5.5 PROTECTED AREAS No national system has been established to designate and manage protected areas. National parks, sanctuaries and other types of protected areas are established under provincial wildlife laws. In Sindh, protected areas are created under the provisions of the Sindh Wildlife Protection Ordinance 1972, which allows for the designation of protected areas but does not provide any criteria for designation. The law does not provide for inter-provincial coordination in designating and managing protected areas, or set out basic principles for the declaration and management of protected areas. Pakistan is a party to the World Heritage Convention but no natural heritage sites have been declared in this country. Despite the fact that there are 10 Ramsar sites in Sindh, there is no provincial legislation governing the conservation of wetlands.


5.5.1 Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations 2000 SRO 339(I)/2000 dated 13 June 2000

At the local level, the district government law office is responsible for various aspects related to the implementation of PEPA 1997 (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 8(ii)). These federal Regulations, issued under section 33 of PEPA 1997, empower the “Federal Agency” to designate “environmentally sensitive areas”, and to issue guidelines related to projects planned for these areas (section 21). Such projects are required to undergo a prior EIA (schedule II, part I). The relationship between “environmentally sensitive areas” that may be established by the federal government and protected areas established under provincial laws is not specified. Under section 2(xvi) of PEPA 1997, the term ‘Federal Agency’ is defined as “the Pakistan Environmental Protection Agency” or any “local council or local authority exercising the powers and functions of the Federal Agency”. The Sindh Environmental Protection Agency (EPA) exercises the powers and functions of the federal agency in this province.


This Ordinance enables the provincial government to establish protected areas and specifies activities that are prohibited in such areas. The provincial government may designate any area to be a wildlife sanctuary, to serve as an “undisturbed breeding ground for the protection of wildlife” (section 14(2)). National parks may be established in order to protect and preserve “scenery, flora and fauna in the natural state” (section 15(1)). In game reserves, meanwhile, hunting is allowed with a “special permit” (section 16). Hunting, killing or capturing wild animals “within three miles of the boundaries” of a sanctuary is prohibited (section 14(3)(iv)). In addition, taking up residence within the perimeters of a sanctuary; cultivating, damaging or destroying land or vegetation; using a firearm; causing a fire; and polluting water are not permitted (section 14). The same prohibitions apply to national parks, along with additional restrictions on discharging weapons or “doing any other act” which may disturb an animal or interfere with breeding places (section 15(4)(ii)), and clearing or breaking up land for cultivation, mining or any other purpose (section 15(4)(iv)). The construction of access roads, rest houses, hostels, and other buildings and amenities in a national park must be carried out in a manner that does not “impair the object of the establishment of the national park” (section 15(3)). Introducing exotic species into a sanctuary or allowing domestic animals to stray inside its perimeters is prohibited (sections 14(3)(v) and (vi)) unless the provincial government grants an exception. Fishing waters within a wildlife sanctuary cannot be leased, auctioned or “in any way used” for fishing or the collection of lotus or roots for commercial purposes (section 14(4)). The protections afforded by this Ordinance are subject to broad exemptions since the provincial government reserves for itself the right to authorise any of these activities for scientific purposes, for “aesthetic enjoyment or betterment of scenery” in a sanctuary (section 14) or for “betterment” of a national park (section 15). In 2001, the protection clauses of the 1972 Ordinance were further limited through the promulgation of two Amendment Ordinances. New provisos were added to sections 14(3) and 15(4), allowing the government to permit the laying of a single underground pipeline in a wildlife sanctuary or national park “using construction techniques other than blasting”, and exempting from the provisions of sections 14 and 15 “any activity” in sanctuaries or national parks that is connected with the “exploration or production of oil or gas”. Such operations must not “permanently disturb” wildlife or the environment, and must be undertaken in accordance with an EIA, as defined in PEPA 1997. No


mention is made, however, of the manner in which the impact of such activities on protected areas is to be mitigated. Public access to a wildlife sanctuary is prohibited, except under conditions that are to be specified by means of rules framed pursuant to this Ordinance (section 14(2)), while public access to a national park is permitted for recreation, education and research (section 15(2)). The Kirthar National Park, spread over 308,733 hectares, was established in 1974 by means of a notification (No. WL&FT(SOI-DCF-993)/74 dated 31 January 1974) issued under this Ordinance. More than 30 wildlife sanctuaries have also been notified between 1972 and 1988 but all notifications issued for this purpose could not be identified. Similarly, approximately 20 game reserves have been notified (half of these prior to 1972) but every such notification could not be located.

5.5.3 Sindh Wildlife Protection Rules 1972

Under section 14(2) of the Sindh Wildlife Protection Ordinance 1972, the conditions under which public access to wildlife sanctuaries is permitted are to be specified in the rules. The Rules, however, do not address the issues of public access, stating only that a permit is required to carry a firearm in or take a sporting dog into a national park, wildlife sanctuary or game reserve, unless a “right of way” exists (section 18). The Rules also contain detailed provisions related to licences and procedures for hunting within game reserves.

5.6 FRESHWATER Provincial law provides a framework for the management of freshwater resources, with detailed arrangements concerning the establishment of boards and agencies that carry out these functions at the local level. What is missing, however, is a coordinated mechanism to monitor, manage and control the contamination of freshwater sources, and penalise offenders. The Sindh Water Management Ordinance 2002, for example, provides for the control of toxic substances and pollution in water sources, and specifies stiff penalties for such offences. Similar provisions are also made in the SLGO 2001 and the Karachi Water and Sewerage Board Act 1996, where penalties are lower, as well as in PEPA 1997, where the penalties are far higher. Moreover, the Sindh Wildlife Protection Ordinance 1972, Forest Act 1927, Sindh Irrigation Act 1879, Canal and Drainage Act 1873, and Pakistan Penal Code 1860 all contain provisions related to the pollution or contamination of specified water sources. Penalties in these older laws are lower still, and suggest that offences committed in certain areas, such as forests, may not be dealt with in the same manner as offences committed, for example, in urban areas. The allocation of freshwater resources is governed by federal law, where no provisions exist for the conservation or sustainable use of these resources. Conservation and sustainable use are also not covered by provincial law, despite the fact that comprehensive legislation governing the sector has been enacted as recently as the year 2002.

5.6.1 Sindh Water Management Ordinance 2002 (No. XL)

This Ordinance establishes a framework for executing and managing schemes for irrigation, drainage and flood management. Water is defined broadly in section 2(r) as “any water standing or flowing on surface [sic] or found in the soil at any place in the province”. There is potential here for conflict with federal law, under which WAPDA controls all underground water resources (Water and Power Development Authority Act 1958, section 11(1)(i)(a)). The law reconstitutes the Sindh Irrigation and Drainage Authority (section 3), and provides details regarding its composition and operational procedures (sections 5–9). The Authority was established under section 3 of the Sindh Irrigation and Drainage Authority Act 1997, which is repealed by the 2002 Ordinance. Functions of the Authority include operating and maintaining irrigation and drainage


systems, and carrying out flood protection (section 10). The Authority advises the provincial government on these matters, along with issues such as drought management and sea water intrusion. The Ordinance also assigns specific “tasks” to the Authority, including the distribution of irrigation water from barrages within the province, and from “inter-provincial/link” canals (section 11(c)). The Authority is empowered to levy and collect service fees and surcharges (section 11(e)). It is required to carry out research in a number of areas, including the impact of its own operations and policies on “the ecology and on the environment including protection of wetlands with a view to appraising the various available options for minimising the adverse impact” of such activities (section 11(l)). Another task assigned to the Authority is to issue flood warnings (section 11(r)). From the text of this provision it appears that this responsibility extends to all types of floods including those precipitated by natural or environmental events. The Authority also performs a coordinating role in the case of “calamities”, explained in section 26(1) as “breaches, floods or extreme weather conditions such as cyclones”. Area water boards, which may be established or reconstituted by the provincial government (section 28), and farmers’ organisations (section 40) established under section 26A(1) of the repealed 1997 Act, perform within their respective territorial jurisdiction many of the same functions. One notable additional responsibility of area water boards is to monitor the disposal of “toxic or noxious effluent safely and with minimum pollution of water resources” (section 38(1)). Area water boards are empowered to charge fees for monitoring services provided (section 28(2)), and to notify the Regulatory Authority of offences related to the discharge of toxic effluent within its jurisdiction (section 28(3)). The government is required to establish a Regulatory Authority of Drainage and Flood Protection (section 67), the main purpose of which is to ensure compliance with the provisions of this Ordinance (section 74(1)). It performs mostly supervisory functions but is awarded specific powers to enforce compliance (section 81). It is also empowered to determine fees and charges (section 77), institute measures for drought control (section 78), and sanction measures to prevent the “waste, undue consumption and misuse” of water (section 29). The Ordinance empowers both the Authority and the provincial government to establish various user-level boards, committees and associations, and deals almost exclusively with the powers and functions of these bodies. Offences under the law are covered in a single section, and include obstructing a watercourse, allowing cattle or animals to bathe in or near a water source, and permitting the “steeping” of “dangerous material” near or in a water source (section 103). Maximum penalties specified under the law extend to six months’ imprisonment and/or a fine of 100,000 rupees. It should be noted that these prohibitions apply only to water resources that “belong” to the Authority, area water boards or farmers’ organisations. Rules are to be framed by the provincial government but regulations may be framed by the various bodies established under this Ordinance (section 104).

Sindh Water Management Ordinance 2002 (No. XL) amended by: Sindh Water Management (Amendment) Ordinance 2005

repeals: Sindh Irrigation Water Users’ Association Ordinance 1982 (No. X) Sindh Irrigation and Drainage Authority Act 1997 (No. IV)

repealed elsewhere: Sindh Irrigation and Drainage Authority Ordinance 1977 (No. III) by Act IV of 1977

5.6.2 Sindh Irrigation and Drainage Authority Rules 1999

These Rules were framed under the Sindh Irrigation and Drainage Authority Act 1997. Although the 1997 Act has been repealed by the Sindh Water Management Ordinance 2002, rules framed under the 1997 Act are not specifically repealed or saved by the 2002 Ordinance. The Rules provide for the transfer of assets from the irrigation wing of the provincial irrigation and power department to the Sindh Irrigation and Drainage Authority, from the Authority to area water


boards, and from area water boards to farmers’ organisations, specifying the conditions on which such assets are to be retained (sections 3–5). The Authority grants “concessions” (operating licences) to area water boards allowing them to operate, maintain, develop and improve the “water management infrastructure [and] associated land” (section 7). Area water boards in turn issue concessions to farmers’ organisations for the same purpose (section 7(7)). In carrying out their functions with respect to infrastructure as well as land, area water boards are required to exercise “all due prudence and care” (section 7(4)). Water boards may be required by the Authority to undertake “corrective actions” or pay compensation in cases where they have breached their obligations (section 7(5)). The Rules specify terms and conditions related to the supply of water, including the individual share of each canal command area, and allow the Authority to determine charges for water supply as well as “non-water services” provided (sections 8–10). Criteria according to which the aggregate water entitlement of each canal command area is determined include an “increased requirement for industrial, domestic [,] environmental, or health-related water usage” (section 10(2)).

5.6.3 Sindh Irrigation and Drainage Authority (Pilot Farmer Organization) Regulations 1999

These Regulations, framed under the Sindh Irrigation and Drainage Authority Act 1997, provide for the functioning of farmers’ organisations. The 1997 Act has been repealed by the Sindh Water Management Ordinance 2002 but regulations framed under the 1997 Act are not specifically repealed or saved by the 2002 Ordinance. The substantive provisions of these Regulations cover matters related to the establishment, performance and jurisdiction of farmers’ organisations (sections 3–6). All monies received by farmers’ organisations are paid into a fund which is used to finance operating costs, service debt, and pay for “capital replacement and improvement charges” (section 11). The Sindh Irrigation and Drainage Authority may suspend the operations of any farmers’ organisation found to be “working against the public interest” (section 7(1)).


The SLGO, which provides for the decentralisation of governance, transfers to the district government financial and administrative authority for certain aspects of freshwater management. Watershed management, however, continues to fall under the jurisdiction of the provincial government (section 14, read with the First Schedule). Under the provisions of the Ordinance, water supply is included in the municipal services that are to be provided by various tiers of local government (section 2(xxii)) but the provisions of the Ordinance also apply to land that is “covered with water” (section 2(xiv)). In addition, local governments are responsible for managing a number of freshwater sources including springs, wells, ponds, tanks, watercourses, culverts and “any channel used for supplying water other than [a] canal, river, lake or stream”, defined collectively as “water reservoirs” (section 2(xxxix)). At the lowest tiers of local government, village and neighbourhood councils are responsible for developing and improving water supply sources, and for mobilising community involvement in the maintenance and de-silting of canals and watercourses (sections 96(1)(a) and 96(1)(k)). Village and neighbourhood councils are also required to take measures to prevent the contamination of water (section 96(1)(d)). Public sources of drinking water, including wells, water pumps, tanks, ponds and “other works for the supply of water” are provided and maintained by the union administration (section 76(k)). The union nazim is required to report to the “concerned authorities” any breach of a public watercourse within the union area (section 80(f)(v)). At the district level, the taluka administration is responsible for water supply as well as the “development of water sources”, other than the systems maintained by the unions and villages


(section 54(1)(h)(i)). In city districts, meanwhile, the zila council reviews the development of an integrated system of water reservoirs and water sources, and approves development schemes for the “beautification” of areas along rivers (sections 40(d) and 40(e)). On-farm water management has also been decentralised and is to be handled by the “grouped” district agriculture office (section 14, read with the First Schedule, parts A and C). In city districts, the provincial government may where necessary establish additional offices to develop water sources, to manage measures for flood control, and to carry out tasks related to “environmental control”, including the control of water pollution “in accordance with federal and provincial laws and standards” (section 35, read with the First Schedule, part D). In addition to government bodies, citizen community boards that may be established in local areas may launch a range of community initiatives including farm water associations (section 98(1)(f)). Taluka and town councils as well as the union council may impose taxes and charges for the development and maintenance of water supply (sections 39(b), 54(l), 67(i) and 88(b), read with the Second Schedule, parts III and III). Local governments may also frame by-laws to govern a number of matters related to water supply, including the prevention of water contamination and pollution (section 192, read with the Fifth Schedule, part II, items 24, 40 and 41). Local governments may declare any water source that is not private property to be a “public watercourse” (section 195, read with the Sixth Schedule, item 96). Local governments also control, regulate and inspect private sources of water supply (section 195, read with the Sixth Schedule, item 95). Similarly, the local government may require owners of tanks, reservoirs or pools that are “in a ruinous state” to carry out repairs (section 195, read with the Sixth Schedule, item 72(2)). General powers of local governments with respect to water supply and management include the removal of obstructions to watercourses, and implementing schemes for the prevention of water pollution (section 195, read with the Sixth Schedule, items 36 and 48(2)). Under the SLGO, discharging dangerous chemicals, or “hazardous or offensive article[s]” into a public watercourse is an offence, punishable with a maximum of three years’ imprisonment and/or a fine of 15,000 rupees in addition to a fine of 1,000 rupees for each day the offence continues (section 141, read with the Fourth Schedule, part I, items 8 and 21). The same penalties apply to industrial or commercial operations that fail to prevent effluent from “mixing up [sic] with the water supply” (section 141, read with the Fourth Schedule, part I, items 9 and 25). Other offences, punishable with an immediate fine of 500 rupees, include watering animals, or bathing or washing near a well or other source of drinking water (section 141, read with the Eighth Schedule, item 22). In such cases, a repeated offence within three months is punishable with up to six months’ imprisonment and/or a fine of 5,000 rupees, in addition to a fine of 200 rupees for each day the offence continues.

5.6.5 Pakistan Environmental Protection Act 1997 (No. XXXIV)

At the local level, the district law office is responsible for various aspects related to the implementation of PEPA 1997 (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 8(ii)). Under PEPA 1997, the term ‘environment’ is defined to include water (section 2(x)(a)) and various forms of pollution are defined in detail. The term ‘discharge’ is defined as “spilling, leaking, pumping, depositing, seeping, releasing, flowing out, pouring, emitting, emptying or dumping” (section 2(vi)), while effluent consists of “any material in solid, liquid or gaseous form or combination thereof being discharged from industrial activity or any other source” (section 2(viii)). Emission standards, meanwhile, are defined as “permissible standards established by the Federal Agency or a Provincial Agency for emission of air pollutants and noise and for discharge of effluents and waste” (section 2(ix)).


Section 11 prohibits discharges and emissions in excess of the limits prescribed under the National Environmental Quality Standards, or NEQS (see SRO 742(I)/93 dated 24 August 1993 and SRO 549(I)/2000 dated 8 August 2000). Section 16 allows an environmental protection order to be issued in cases where discharges and emissions are found to be causing or likely to cause “an adverse environmental effect”. Section 12, which requires an EIA or initial environmental examination (IEE) to be carried out for all projects, can be used to ensure that new development does not damage natural resources, including freshwater.


These federal Regulations, framed under section 33 of PEPA, require that specified types of irrigation projects undergo prior environmental assessment. Schedule I lists the types of projects related to water and dams (part F) that must undergo a prior IEE while schedule II lists those projects related to water and dams (part E) that require a prior EIA.

5.6.7 Karachi Water and Sewerage Board Act 1996 (No. X)

This law reconstitutes the Karachi Water and Sewerage Board (KWSB), which is responsible for water supply, sewage disposal, and the construction and maintenance of the water and sewerage infrastructure (section 7). The KWSB must also ensure that the water supply is potable (sections 7(xiv) and 9(2)). Under the provisions of the SLGO, water and sanitation boards and agencies are to operate under the control of the district government (section 182(3)). Such agencies are to continue performing their functions while the operation aspects of this transfer of management are finalised (section 182(1)). The KWSB has the right to construct aqueducts, conduits, pipelines and drains over, under, along or across “any immovable property” without acquiring the property in question (section 9(9)). It may also enter such property to carry out maintenance and inspections. Except in emergencies, the KWSB must obtain permission from federal, provincial, local or railway authorities before undertaking any construction or maintenance work on land under their jurisdiction (section 9(10)). In undertaking its activities, the KWSB is required to cause “as little damage and inconvenience as possible” (section 9(11)). In case of any such damage caused, it may pay a “reasonable amount” of compensation (ibid). The law does not specifically provide for or enable any measures to monitor and mitigate the environmental impact of KWSB operations but section 9(11) does not rule out such an interpretation. Penalties under the law cover a range of offences such as obstructing waterworks, taking water illegally and damaging transmission lines (section 14). It is also an offence to contaminate “any waterworks” by bathing in such an area, dumping “rubbish or other offensive matter”, or causing the water to become “fouled” (section 14(f)), punishable with a maximum fine of 10,000 rupees and/or imprisonment for up to six months. The KWSB may delegate its powers and functions (section 12(4)). The provincial government may make rules to carry out the purposes of this Act (section 15) while the KWSB may make regulations subject to the approval of the provincial government (section 16). The law provides the government, the KWSB and KWSB officials indemnity from prosecution (section 17). Although the management of water and sewerage boards falls under the jurisdiction of the city district government according to the provisions of the SLGO (SLGO, section 182(3)), operational aspects of this transfer of authority are still being worked out.

Karachi Water and Sewerage Board Act 1996 (No. X) repeals: Sindh Local Government Ordinance 1979 (No. XII), sections 121 to 147



This Act establishes an Authority that is responsible for the development, improvement and beautification of the coastal areas of Thatta and Badin districts (section 7(1)). The Authority may plan and execute schemes related to a number of sectors including drinking water (section 7(2)(a)).

5.6.9 Port Qasim Authority Act 1973 (No. XLIII)

This federal Act establishes an Authority to oversee the planning, development and management of Port Qasim. The Authority is charged with preparing a master plan for the port area (section 10), and may call upon government agencies and local bodies to prepare and execute schemes in the port area related to matters over which these agencies ordinarily hold authority (section 11(2)). Among other activities, such schemes may provide for the utilisation of water and “other natural resources” (section 11(2)(f)), as well as environmental control and the prevention of pollution (section 11(2)(j)).


The definition of wildlife in this Ordinance includes water (section 2(n)). Polluting water in a wildlife sanctuary is prohibited (section 14(3)(viii)) unless the government grants an exemption for scientific purposes or “aesthetic enjoyment or betterment of scenery”. Similarly, polluting water “flowing in and through” a national park is a punishable offence (section 15(4)(v)) unless the government grants an exemption for scientific purposes or the “betterment” of the national park. The maximum penalty for polluting the water in a sanctuary or national park is six months’ imprisonment and/or a fine of 500 rupees for a first offence (section 17(1)(iv)). For subsequent offences, a minimum penalty of one year in prison and/or a fine of 1,000 rupees may be imposed, in addition to the confiscation of materials and equipment involved in the offence.

5.6.11 Sindh Tenancy Act 1950 (No. XX)

This law deals primarily with the relationship between landlords and agricultural tenants, and the rights and responsibilities of both parties. Under the provisions of this Act, tenants are responsible for the construction and maintenance of irrigation bunds and watercourses within the land allotted to them (section 23(c)) while the landlord is responsible for main watercourses and water supply (sections 24(a) and 24(b)).

5.6.12 Forest Act 1927 (No. XVI)

Although this law focuses on forest-related issues, poisoning water in a reserved forest is an offence under section 26(1)(i), punishable with a fine of 500 rupees and/or a sentence of six months in prison. This provision is difficult to enforce, however, since the term ‘poison’ has not been defined.

5.6.13 Sindh Irrigation Act 1879 (No. VII)

This Act provides for matters related to irrigation, a subject that is also governed by the Sindh Water Management Ordinance 2002. The 1879 law remains in force to the extent that its provisions do not come into conflict with the 2002 Ordinance. In cases of any inconsistency, the provisions of the 2002 Ordinance have overriding effect (Sindh Water Management Ordinance 2002, section 105).


The law allows the provincial government to “apply” and use water from any river, steam, lake or sub-soil source for the purpose of canals (Sindh Irrigation Act 1879, section 5). Canal officers are empowered to enter the land on which such a water source is located, remove obstructions and proceed with canal works (section 6). The government and canal offers have similar powers with respect to drainage works (section 15). Canal officers authorise the construction of new watercourses (section 16), and settle disputes regarding mutual rights and liabilities of persons interested in watercourses (section 26). Those requiring the construction of a new watercourse, but unable to arrive at a private arrangement with the owners of the land on which such a watercourse is to be constructed, may apply to the canal officer (section 17). If the application is accepted, the land is acquired under the provisions of the Land Acquisition Act 1894 (section 19). In cases where an “accident” has befallen a canal or is imminent, canal officers may enter land adjacent to the canal, take trees and “other materials” and undertake works to prevent or repair the damage (section 9). Similarly, where it appears necessary to undertake immediate repairs on a canal in order to prevent “extensive public injury” or “serious public loss”, canal officers may requisition labour from residents and landowners in the vicinity, who are “bound to assist” in repair work but are to be compensated at rates “that shall not be less than the highest rates for the time being paid in the neighbourhood for similar labour” (section 58). Where “substantial damage” has occurred as a result of activities carried out under the provisions of this Act, compensation may be awarded (section 31). Compensation cannot, however, be claimed in cases where the damage has been caused by repair work, or by measures “considered necessary” to regulate water flow in a canal or maintain a watercourse. The law provides for the supply of water from canals (sections 27 and 28) and for various rates that may be levied for water supply (section 44). Charges may also be levied for unauthorised use (section 45) and for wasting water either deliberately or through neglect (section 46). Penalties under the 1879 Act are for the most part related to interference or damage to canals, although “corrupting” or “fouling” the water in also listed as an offence (section 61(3)), punishable with imprisonment for a term of up to two years and/or a maximum fine of 10,000 rupees. Public servants found to be conniving, either directly or indirectly, in the commission of an offence are considered to be abettors and liable to the same punishment (section 62-A). Under section 105 of the Sindh Water Management Ordinance 2002, the powers of canal officers under the 1879 Act are to be exercised by the Sindh Irrigation and Drainage Authority and area water boards in their respective areas of jurisdiction.

Sindh Irrigation Act 1879 (No. VII) adapted and amended by: Sindh Laws (Adaptation, Revision, Repeal and Declaration) Ordinance 1955 (No. V) West Pakistan (Adaptation and Repeal of Laws) Act 1957 (No. XVI) Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Irrigation (Amendment) Act 1976 (No. VI) Sindh Irrigation (Amendment) Ordinance 1983 (No. X) Sindh Irrigation (Amendment) Ordinance 1984 (No. XXVII) Sindh Irrigation (Amendment) Ordinance 1999 (No. VII) Sindh Irrigation (Amendment) Ordinance 2000 (No. XIV) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)

5.6.14 Canal and Drainage Act 1873 (No. VIII)

This federal Act regulates matters related to irrigation, water supply, navigation and drainage. This law was specifically extended to certain areas in Sindh; the Sindh Irrigation Act 1879 does not apply to these areas but remains in force throughout the rest of the province.


The law allows the provincial government to use and control water from all rivers and streams flowing in natural channels, and from all lakes and other natural collections of still water (preamble). In addition, the provincial government may order any river, stream, lake or water body to be used for any public purpose at any time (section 5). The law contains no provisions for the sustainable use of freshwater resources or for their preservation. Under the law, the term ‘canal’ is defined broadly to include all irrigation channels and associated works, and all watercourses as well as all parts of a river, stream, lake or “natural collection of water” that the provincial government has declared necessary for use under section 5 (section 3(1)). Watercourses are, in turn, defined as channels supplied with canal water and all subsidiary works that are not maintained at government expense (section 3(2)), which suggests the law applies to privately owned or maintained irrigation channels as well. The Act provides for the construction and maintenance of works related to canals (part III), and empowers canal officers to enter and survey land for this purpose (section 14). General provisions related to water supply and water rates are covered in parts IV and V, including charges to be levied and penalties incurred on account of waste or unauthorised use (sections 34 and 35). The divisional canal officer may detain and fine vessels violating the provisions of this Act by causing danger to a canal or to other vessels (section 49). In cases where an obstruction to a river, stream or drainage channel is causing or might cause “injury to any land or the public health or public convenience”, the provincial government may order its removal (section 55). Although this law deals primarily with the construction and maintenance of irrigation and drainage channels, it also prohibits the “corrupting or fouling” (section 70(5)) of canal water, imposing a fine of 500 rupees and/or one months’ imprisonment for offences. All powers under this Act, including the power to make rules, lie with the provincial government.

Canal and Drainage Act 1873 (No. VIII) amended by: Canal and Drainage (West Pakistan Amendment) Ordinance 1965 (No. XXIII) Canal and Drainage (West Pakistan Amendment) Act 1968 (No. I) Canal and Drainage (West Pakistan Amendment) Act 1968 (No. VII) Canal and Drainage (West Pakistan Amendment) Ordinance 1970 (No. I) Canal and Drainage (West Pakistan Second Amendment) Ordinance 1970 (No. IV)

5.6.15 Canal and Drainage (Extension to Rohri Canal Area) Act 1991 (No. I)

This Act extends the application of the Canal and Drainage Act 1873 to certain areas irrigated by the Rohri Canal in Tando Adam, district Sanghar (section 2). The law states that the Sindh Canal and Drainage Act 1879 does not apply to those areas where the 1873 Act has been extended (section 4).

Canal and Drainage (Extension to Rohri Canal Area) Act 1991 (No. I) repeals: Canal and Drainage (Extension to Rohri Canal Area) Ordinance 1991 (No. I)

5.6.16 Pakistan Penal Code 1860 (No. XLV)

According to the Constitution, criminal law and all matters included in the Pakistan Penal Code (PPC) except for areas that are exclusively federal subjects, and criminal procedure including all matters in the Code of Criminal Procedure are part of the concurrent legislative list (article 142(b), read with the Fourth Schedule, concurrent list, items 1 and 2). The PPC deals specifically with the pollution of water in chapter XIV on public health and safety. Here, “fouling” or “corrupting” the water of a public spring or reservoir is listed as an offence,


punishable with up to three months in prison and/or a fine of 500 rupees (section 277). This provision is limited in scope, since it applies only to reservoirs and public springs, and the terms ‘fouling’ and ‘corrupting’ are not defined. But provisions of PEPA 1997 (sections 6 and 7) and the NEQS (appendix I) may be applied to facilitate enforcement of section 277. Other sections of this chapter may be interpreted to include the protection of water resources, including section 268 on public nuisance, section 269 on negligence likely to spread infectious disease, and section 284 on negligent conduct with respect to the possession and handling of poisonous substances. Similarly, chapter XVII on offences against property contains certain provisions that may be interpreted to include the protection of water resources. Sections 425–440 deal with “mischief”, defined as damage to property resulting in destruction or loss of utility. Section 430 provides specifically for mischief caused to irrigation works while section 431 deals with damage to rivers or channels. Meanwhile, chapter XXIII, section 511 on attempted offences could also be interpreted to include offences related to the “fouling” or “corruption” of water.

5.7 COASTAL AND MARINE There are no provincial laws that control coastal areas in general. Nor has the province enacted legislation to implement Pakistan’s international commitments under agreements specifically concerning marine pollution. Whatever little protection exists comes through federal laws such as PEPA 1997, the Pakistan Merchant Shipping Ordinance 2001 and the Ports Act 1908. The Coastal Development Authority Act 1994, the lone provincial law specifically concerning coastal areas, focuses on development rather than conservation, applies only to two districts, and contains no provisions regarding pollution caused by river bed construction, the dumping of toxic or other waste, increased shipping traffic and land-based pollution. Nor do any provisions obligate those involved in the exploitation of economic resources within territorial waters to protect the environment or follow sustainable development parameters. Although marine turtles are listed as protected animals under the Sindh Wildlife Ordinance 1972, there are no provincial laws to protect marine ecosystems, smaller marine organisms and their habitats, sand dunes created by receding coastlines or river beds, micro-organisms, or marine habitat. Provincial legislation does not provide for the protection of mangroves or coastal forests. There are no provincial laws to protect the coastline from the effects of oil spills and other similar accidents, or to provide a framework for clean-up operations.

5.7.1 Karachi Building and Town Planning Regulations 2002 Notification No. SO(Land)HTP/KBCA-3-39/2000

These Regulations, issued under the Sindh Buildings Control Ordinance 1979, provide exhaustive rules and procedures for construction and development activities in the city (section 1-2). They apply to all of Karachi except for cantonment areas (section 1-1.3). The government may also declare “special areas” that are exempt from the application of these Regulations (section 1-3). The Regulations contain general standards for “coastline recreation development” (chapter 23). This development is to be carried out according to the ‘Karachi Coastal Recreation Development Plan’, under which the entire 40-mile strip of the city’s coastline has been declared “interim control area for the purpose of recreation and tourism” (section 23-1). The Coastal Development Plan designates what are described as “environmental planning zones”, which are to be considered in planning recreational schemes in the coastal areas (section 23-3). The green turtle nesting areas, mangrove swamps, coral reef, oyster beds, rock pools, and bird roosting and nesting sites along the Hawkes Bay, Manora and Sandspit beaches are classified as “conservation areas”, where “controlled/limited” infrastructural development and public access is permitted (section 23-3.1.2). An “area of concern” is one where “improvement […] may be beneficial” (section 23-3.3) while the “restricted zone” covers a 2-kilometre radius around the Karachi Nuclear Power Plant (KANUPP), where no development is permitted (section 23-3.4). A “utilisation area”, meanwhile, is suitable for development (section 23-3.2). A wide range of projects are permitted here, including hotels, restaurants, marinas and clubs, casinos, “dolphin parks”, and


other “modern types of amusements and water based recreation without damaging the natural environment of the coastline” (section 23-5.3.5). This development is subject to certain regulatory provisions, not all of which are compulsory. Safety measures to check marine pollution as a result of “beach activities” (section 23-4.26), for example, is a subject that “may be given special consideration” (section 23-4.2). The design of marinas and piers in a manner that does not obstruct the free flow of tides (section 23-4.2.4) is another such optional consideration. Separate building regulations are provided for “recreation and amusement projects” in such areas, including a “proper feasibility” (section 23-5). Specific areas to be covered by such feasibility studies are not mentioned and the building regulations for coastal development, in contrast to the regulations for other parts of the city, are by no means comprehensive. Provisions are to be made for the disposal of waste “without polluting the coastline” (section 23-5.1), 70 per cent of the project is to consist of an “open area with landscaping for recreation” (section 23-5.3.2), while a “large open space” is designated for car parking (section 23-5.3.6).


Under the SLGO, the zila council in a city district may approve development schemes for the “beautification” of beaches and the seaside (section 40(d)). No mention is made of coastal land in rural areas. Guidelines are not provided for the manner in which such projects are to be carried out or, indeed, for what constitutes beautification.


This Act provides for the development, improvement and “beautification” of the coastal areas of Thatta and Badin districts, and establishes an Authority for this purpose. The Authority is responsible for the beautification of coastal areas and monitoring development schemes, and well as drinking water facilities, communication systems, electricity, drainage, development of fisheries, livestock, horticulture and forests (section 7(1) and 7(2)). It develops marketing facilities and constructs jetties and harbours (section 7(2)). It acts as a coordinating agency for the federal and provincial governments, local authorities or autonomous bodies (section 7(3)), and collaborates with them in development and environmental protection activities (section 7(4)). The Authority provides technical guidance including technical services for development activities (section 7(5)) and carries out research for development planning (section 7(7)). It assists in the establishment of coconut palm plantations (section 7(10)) and the development of fish harbours and oil refineries (section 7(11) and 7(12)).

6. Processes and Institutions 69

6. PROCESSES AND INSTITUTIONS Processes and institutions that affect natural resources, whether directly or indirectly, are governed by a combination of federal and provincial legislation. A substantial number of laws provide for the development of urban and semi-urban areas in Sindh, and for the sale of government property. Development laws focus on the provision of basic amenities and services, and on promoting industrial and commercial activity. Industry, trade and commerce are governed by relatively few provincial laws, most of which concern specific types of activities. The federal Factories Act provides for the health and safety of workers but not for the control of industrial emissions. In fact, there is no specific law to deal with industrial emissions, which are regulated by PEPA 1997 and the rules and regulations framed under that Act. Extractive processes such as mining and exploration for oil and gas are governed by laws that establish corporations and authorities to develop these industries but fail to take into account the environmental impact of extraction activities. A single recent provincial law regulates the taking of sand and gravel but similar legislation at the provincial level has not been framed to regulate other types of extractive industry over which the province has jurisdiction. Commerce and industry are bolstered by a tax regime that aims to maximise revenue generation for the government but fails to exploit the possibility of taxation to discourage polluting industries. This oversight is particularly egregious since the tax structure is amended regularly to increase rates of taxation or add new levies. Investment, meanwhile, is governed by federal law although local government bodies are charged with the responsibility of investment promotion with their own jurisdictions. Imports and exports are also governed by federal law, where some recent orders contain limited provisions concerning the trade in potentially harmful substances. Federal law also controls the trade in endangered species but contains a glaring omission in this regard. While the export of species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is prohibited, the same restrictions are not placed on imports. Trade between provinces is regulated at the federal level while the provincial government may frame laws to regulate the movement of goods within the province. Laws on the subject focus on price control and maintaining stocks of essential commodities, with no provisions concerning the types of articles that may be freely traded. Agriculture is a subject that falls under the exclusive legislative purview of the province. Yet the majority of laws regulating this sector are federal. Legislation for agriculture focuses once again on the development of the sector and regulates inputs such as seeds, pesticides and fertilisers, without taking into account pollution concerns or the use of genetically modified cultivars. Phytosanitary and quarantine laws are outdated, providing for the control of agricultural pests and the management of epidemics among livestock but failing to take into account more recent threats. Transport is a sector where the province enjoys widespread if not exclusive powers. Provincial laws for the sector focus on the regulation and licensing of motor vehicles, without any provisions related to the control of emissions or the use of cleaner fuels. Here again, as is the case in many other sectors, the only substantive legal protection available comes in the form of PEPA 1997. The tourism industry in the province is largely unregulated, with a few laws concerning specific activities such as the licensing of tourist guides, the operation of travel agencies and the rates charged by hotels. Needless to say, there is no legislation to monitor the impact of tourist activities. In fact, provincial legislation governing other sectors, such as laws that provide for the establishment and functioning of area development authorities, provides for the promotion of tourism with no mention of controls or monitoring. Building control laws for the province allow the indiscriminate development of the coastline for recreational uses, including tourism. Other provincial legal instruments provide for matters such as national calamities, the preservation of cultural heritage (but not natural heritage), and the prevention of noise and smoke pollution. Provincial law also provides for “pure food” but does not take into account genetically modified food ingredients. Drugs and pharmaceuticals are governed by federal law, which also deals with matters related to public health. Explosive substances are also regulated at the federal level.


The single most important legislation governing processes and institutions that potentially affect natural resources is PEPA 1997. Rules and regulations framed under this Act provide for a wide range of matters including biosafety, pollution charges on industry, the control of emissions, environmental monitoring and testing, impact assessment, and the establishment of environmental tribunals.

6.1 URBAN AND RURAL DEVELOPMENT Most provincial legal instruments govern development in urban and semi-urban areas while rural development is relatively unregulated. There is no single law to govern all development activities or to provide overall guidelines for such works. Provincial development authority laws pre-date PEPA 1997, which requires that environmental assessments are carried out for specified projects, and contain no specific provisions to monitor or regulate the environmental impact of development schemes. Although various laws provide for the development, ‘improvement’ and ‘beautification’ of specific areas, rarely is the government or any provincial agency obligated to protect the environment or take environmental concerns into account while executing development schemes. The only exception to this rule is the Sindh Arid Zone Development Authority Act 1985, which requires the Sindh Arid Zone Development Authority to act on “sound principles of planning, construction, operation, management and maintenance”, and to be “guided” on policy issues by the provincial government (section 12(3)). This clause could be interpreted to include environmental protection and conservation, including compliance with the EIA regime established under PEPA 1997, particularly if the provincial government were to make such concerns part of its development policy. The Malir Development Authority Act 1993, meanwhile, is the only law in this sector that specifically contains natural resource-related provisions. Malir is for the most part an agricultural area and generates income for the provincial government. Perhaps in order to maintain the commercial viability of the area, the 1993 Act provides for development; waterworks and irrigation projects; agriculture schemes; livestock and fisheries; and maintaining forests, pastures and green belts. Development authorities across the province are not specifically abolished under the SLGO 2001. Rather, such authorities are to be reorganised, decentralised and managed by the district or city district government, as the case may be (sections 182(3)(a) and 182(3)(b)). The same holds true for water and sanitation agencies and boards, and solid waste management bodies (sections 182(3)(a) and 182(3)(c)). The administrative restructuring required to implement these provisions of the SLGO has been carried out in part by means of independent legislation. To begin with, the Sindh Development Authority Laws (Repeal) Ordinance 2002 repealed six earlier laws establishing development authorities in cities and towns across the province (Hyderabad, Karachi, Larkana, Lyari, Malir and Sehwan), presumably in order to facilitate the transfer of administrative responsibility. Although the 2002 Repealing Ordinance did not specifically state that the authorities in question had themselves been disbanded, this appears to have been the implication. Subsequently, the Lyari and Malir authorities were revived by means of the Sindh Development Authorities Laws (Revival and Amending) Ordinance 2006 while the Larkana and Sehwan authorities were revived by the Sindh Development Authorities Laws (Amendment) Ordinance 2007. These authorities now function under the administrative supervision of the local government hierarchy. The current status of the Karachi and Hyderabad authorities is not entirely clear although there are indications that these two authorities have been disbanded. Related to the administrative uncertainty surrounding the status of development authorities is the issue of overlapping jurisdiction for various activities. For example, there is no single authority responsible for the distribution of water to the entire province. In some areas, water supply is an optional function of development authorities. Other laws currently governing development provide for the acquisition of land for public purposes. The basic law on this subject, the Land Acquisition Act 1894, makes no mention of natural resource conservation. The language of this law is, however, vague enough to allow interpretation favouring conservation and sustainable use.


Until recently, the sale or ‘disposal’ of government property in urban areas was relatively strictly regulated by the Sindh Disposal of Urban Land Ordinance 2002. The checks and balances put in place by this Ordinance no longer apply, since the law was repealed in November 2006, in effect giving the provincial government unrestricted powers to sell urban land at any price.

6.1.1 Sindh Development Authorities Laws (Amendment) Ordinance 2007

This Ordinance revives the Larkana and Sehwan development authorities.

6.1.2 Sindh Development Authorities Laws (Revival and Amending) Ordinance 2006

This Ordinance revives the Lyari and Malir development authorities.

6.1.3 Sindh Development Authority Laws (Repeal) Ordinance 2002 (No. XXII)

This Ordinance was promulgated in the wake of the devolution of local government throughout the country. It repeals six earlier laws that established development authorities for various cities, towns and districts in Sindh (Hyderabad, Karachi, Larkana, Lyari, Malir and Sehwan). The law does not specify what the status of these authorities is to be once the laws establishing them are no longer in force. These matters are, however, provided for in the SLGO, where management of development authorities is to be taken over by district governments (SLGO, section 182(3)).

6.1.4 Sindh Disposal of Urban Land Ordinance 2002 (No. X)

This Ordinance, which regulates the sale of land in urban areas, was repealed in November 2006. Its provisions apply to all land vested in the provincial government or autonomous bodies (section 2(l)), and to all government-sponsored housing, commercial and industrial development schemes (section 2(t)). With its repeal, there are no longer any provincial laws in force to govern the disposal of state land, regulate the price at which land may be sold or specify procedures related to such transactions. Under the 2002 Ordinance, the government is required to prepare a “lay out” of all land intended for sale, specifying the purpose for which the land is to be used and the type of construction that will stand on it (section 5). Similarly, a “scheme” must be prepared for all land, dividing the area into plots designated for a specific purpose (section 13). Once the government has signed off on a scheme, an order is published in the official gazette and serves as “conclusive evidence that the scheme is duly planned, designed and sanctioned” (section 12(2)). The law contains no provisions calling for the protection or conservation of natural resources that occur in land that is earmarked for development. Specific provisions are made for the disposal of government land at “not less than the market price”, and by means of an open public auction (section 6). Sites reserved for health care facilities and educational institutions are subject to the same restrictions (section 10). The government is to assess and notify the market price every two years (section 9). Assessment of the value of land is to be based on a variety of commercial factors (section 8); ecological and environmental considerations are not included. Other types of “amenity” plots—defined in section 2(a) to include sites reserved for parks, gardens and playgrounds—can be disposed of under undefined discretionary rules (section 10(1)). The law prohibits the conversion or use of amenity plots for any other purpose (section 10(2)), and requires prior approval from the “prescribed authority” for the conversion of residential plots for commercial use (section 11). Criteria for such approval are not specified. The provincial government may not frame any rules allowing the exercise of discretionary authority to sell urban land, or providing exemptions to the provisions of this Ordinance (section 16).



Although the word ‘development’ is used frequently throughout the SLGO, the term itself is never defined. Matters related to urban and rural development are, however, included in the definition of municipal services, which cover land use control, zoning, master planning, housing, urban and rural infrastructure, water supply, and construction (section 2(xxii)). Development planning is carried out by the zila council (section 39(c)) as well as at the taluka level (section 67(iv)). In a city district, the zila council is responsible for “urban design”, “urban renewal”, land use and zoning (section 40(a)), and approves “beautification” schemes for riverbanks and coastline (section 40(d)) as well as “macro municipal plans” (section 41). Matters related to land use, “land development”, “site development”, zoning and water supply are handled by the taluka administration (section 54(1)). Under the provisions of the SLGO, the management of development authorities across the province has been handed over to district governments (section 182). Until such time as the transition is complete, development authorities may acquire land for “development purposes” (section 125). Financial and administrative authority in a number of areas related to urban and rural development has been devolved to the district level. These include housing, urban and physical planning, and rural development (section 14, read with the First Schedule, part A, items xxviii and xxix). In city districts, meanwhile, the provincial government may where necessary establish additional offices to handle land use, zoning and various forms of urban development including urban design and “renewal”, urban and housing development, urban “improvement and upgrading”, and urban “renewal and redevelopment” (section 35, read with the First Schedule part D). In carrying out such activities, care must be taken to “preserve historical and cultural monuments” but no mention is made of the environment in general or natural resources in particular. General powers of local governments cover building control (section 195, read with the Sixth Schedule, items 24–36), the leasing of government property (Sixth Schedule, item 64) and maser planning (items 69–71). Maximum penalties specified in the SLGO amount to three years’ imprisonment and/or a fine of 15,000 rupees, in addition to a fine of 1,000 rupees for every day the offence continues to be committed, for activities such as violating prohibitions set out in the master plan, sanctioned development schemes or any other law in force, or carrying out “building operations” in a manner that is dangerous for those passing by or living in the vicinity (sections 141–143 and 147, read with the Fourth Schedule, part I, items 12, 16 and 28). Similar penalties apply in the case of immovable encroachment on public land, and failure to demolish a building declared by the authorities to be dangerous (section 141, read with the Fourth Schedule, part I, items 20 and 24). Lesser penalties apply for erecting or demolishing buildings, in whole or in part, in a manner that is declared to be a danger or annoyance to the public (sections 141–143 and 147, read with the Fourth Schedule, part II, item 40). Other offences under the SLGO, which are subject to an immediate fine but may also incur imprisonment for up to six months and/or a fine of 5,000 rupees in the case of a repeated offence, cover a wide range of matters concerning the cleanliness and proper maintenance of public places, residential neighbourhoods and streets, and the installation and repair of water and sewage pipelines (section 141(2)(c), read with the Eighth Schedule, items 3, 5, 10, 11, 24, 25 and 28–30). “Damaging or polluting [the] physical environment” in a manner that endangers public health is also an offence (item 26). Abetting or attempting to commit these offences is punishable with the same penalty as the offence itself (item 47). The provincial government may make rules for local government works, development authorities and the regulation of site development schemes (section 191(1), read with the Fifth Schedule, part I, items 7–9) while local councils may frame by-laws for zoning, master planning and buildings (section 192(2), read with the Fifth Schedule, part II, item 3).



These Rules were framed under section 31 of the SLGO. Urban and rural development is not a subject that lies within the jurisdiction of the district government. Certain aspects of development activities are, however, the responsibility of various district government offices. These functions are spelled out in the Rules. The district finance and planning office, for example, approves development schemes and monitors their implementation (section 3(2), read with schedule II, item 6(ii)). Similarly, “spatial planning and development” are listed as responsibilities of the district works and services office, which also executes “works” on behalf of other agencies and departments (schedule II, items 12(i) and 12(ii)). The district law office, meanwhile, is responsible for ensuring “implementation of environmental protection and preservation measures” in all development projects (schedule II, item 8(ii)).

6.1.7 Sindh Local Government (Property) Rules 2001

These Rules, framed under the SLGO, provide for the management and maintenance of property owned by the local government. Local governments may prepare property development schemes, including plans involving acquisition, and “take such steps as may be necessary” to implement such schemes (section 5). Acquisition is to be carried out under the Land Acquisition Act 1894 (section 7) and “alienation” is permitted through open auction (section 8). Section 9 forbids the use of local government property by local government officials except for “official purpose[s]”.


These Regulations, to be read with PEPA section 12, contain detailed procedures that must be followed in the IEE/EIA process, such as conducting public hearings, issuing notices, recording decisions and accepting or rejecting an EIA/IEE. Section 5(a) requires that an EIA is carried out for any project likely to cause an “adverse environmental effect”. Housing schemes and projects with significant “off-site impacts” such as hospitals, as well as urban development projects, require an IEE (schedule I, part I). Small-scale operations related to urban development that require an IEE include water supply and treatment installations (schedule I, part G), and waste disposal facilities with an annual capacity of less than 10,000 cubic metres (schedule I, part H). Urban plans in large cities and large-scale tourism development projects are included in schedule II, part H, and require an EIA. Other large-scale operations requiring an EIA are specified in schedule II, parts F and G. The Regulations provide for the monitoring of projects after completion. Section 18 requires owners to submit an annual report to the Federal Agency. This report must summarise operational performance with an emphasis on adequate maintenance and measures to mitigate adverse affects on the environment. The Federal Agency is authorised to cancel the approval of any project at any time on the basis of such reports or its own investigations, if it is found that conditions of approval have been violated or false information provided (section 19). Section 21 empowers the Federal Agency to designate “environmentally sensitive areas” but does not specify how such areas relate to urban and rural development, to protected forests designated under forest laws, or to other types of protected areas designated under provincial legislation. Under section 2(xvi) of PEPA, the term ‘Federal Agency’ is defined as “the Pakistan Environmental Protection Agency” or any “local council or local authority exercising the powers and functions of the Federal Agency”.


6.1.9 Badin Development Authority Act 1995 (No. VII)

This Act establishes the Badin Development Authority, which is responsible for public works (section 7), including the supply and distribution of potable water (section 21). The Authority may issue directions to prevent haphazard growth, encroachment and unauthorised construction in the area within its jurisdiction (section 13). It may also acquire land (section 17), and purchase, lease or exchange property (section 16). The Authority makes regulations to govern its own operation, and to carry out the purposes of this Act (section 28).


This Act, as amended, establishes the Sindh Coastal Development Authority, which formulates and executes schemes for the development of coastal areas in the districts of Thatta and Badin (section 7(1)). Among its many functions, the Authority is responsible for “rural development works” (section 7(2)(a)), the “upgradation and improvement” of socio-economic conditions (section 7(2)(g)), the development of human and “other” resources (section 7(2)(j)), and the preparation of “development schemes” (section 13). It also collaborates with federal, provincial or private-sector agencies engaged in development activities or environmental protection (section 7(4)). The Authority has wide-ranging powers to requisition property (section 9(2)(ii)), restrict or prohibit land use changes or the alteration of buildings (section 9(2)(x)), and order the demolition or removal of structures and buildings (section 8(2)(xi)). It may acquire land and lease, purchase or exchange property (section 14). Acquisition for the purposes of this Authority is to be carried out under the Hyderabad Development Authority Act 1976 (section 15), which was repealed in 2002. The Coastal Development Authority Act has not been amended accordingly. The Authority is required to prepare a master plan for the “development, improvement, expansion and beautification” of coastal areas that require this type of attention but criteria for selecting such areas are not specified (section 12). It may levy charges and fees for the use of services and facilities (section 16(2)) and such receipts are paid into the Authority fund (section 16(3)). The government makes rules to carry out the purposes of this Act (section 24) while the Authority makes regulations (section 25). Regional development authorities have not been abolished under the SLGO 2001 but are, rather, to be managed by the city district government or district government (section 182(3)(a) and 182(3)(b)). The Coastal Development Authority, meanwhile, continues to operate under the provincial government hierarchy.

Coastal Development Authority Act 1994 (No. XXVIII) amended by: Coastal Development Authority (Amendment) Act 2006

6.1.11 Larkana Development Authority Act 1994 (No. XXI)

This Act establishes the Larkana Development Authority, which maintains public works, conducts research and provides technical guidance for development activities, and collaborates with federal, provincial or private-sector agencies engaged in development work (section 9). The Authority is also required to lay down “standards for development” (section 9(1)(xi)). The Authority may designate “controlled” areas, where haphazard growth, encroachment and construction are restricted (section 15). The Authority itself executes development schemes in controlled areas (section 18(1)), and such schemes may cover a wide range of activities including


land use and “reservation”, zoning, housing, slum clearance, public buildings and parks, as well as the provision of public amenities such as water supply, gas and electricity (section 18(3)). Such schemes may also include the “preservation of objects or places of historical or scientific interest or natural beauty” (section 18(3)(i)), the utilisation of natural resources (section 18(3)(m)), and “any subject or matter concerning [the] public” (section 18(3)(n)). In order to execute a scheme, the Authority may demolish buildings, upon payment of compensation to the owners or occupiers (section 28), or take over “open spaces” (section 30). It also has the power to acquire land (section 33), and to purchase, lease or exchange property (section 32). The provincial government makes rules to carry out the purposes of this Act (section 69) while the Authority may frame regulations (section 70). The Larkana Development Authority Act was repealed by the Sindh Development Authority Laws (Repeal) Ordinance 2002. Although the Repealing Ordinance did not state explicitly that the Authority itself had been dissolved, the Authority was specifically revived by means of the Sindh Development Authorities Laws (Amendment) Ordinance 2007, which is to have effect from July 2002. According to the SLGO, meanwhile, the management of development authorities is to be taken over by district governments (SLGO, section 182(3)). The 2007 Amending Ordinance states that these authorities are to be headed by district nazims.

Larkana Development Authority Act 1994 (No. XXI) amended by: Larkana Development Authority (Sindh Amendment) Act 1994 (No. XXI)

also see: Sindh Development Authority Laws (Repeal) Ordinance 2002 (No. XXII) Sindh Development Authorities Laws (Amendment) Ordinance 2007

6.1.12 Lyari Development Authority Act 1993 (No. X of 1994 [sic])

This law establishes the Lyari Development Authority, which maintains public works, conducts research and provides technical guidance for development activities, and collaborates with federal, provincial or private-sector agencies engaged in development work (section 8). The Authority is also required to lay down “standards for development” (section 8(1)(xi)). The Authority has wide-ranging powers to requisition property (section 8(2)(ii)), restrict or prohibit land use changes or the alteration of buildings (section 8(2)(x)), and order the demolition or removal of structures and buildings (section 8(2)(xi)). Similarly, “improvement” schemes framed by the Authority may provide for a wide range of activities, grouped thematically into 12 separate categories (section 9(2)), which include the clearance or “improvement” of congested areas (section 9(1)(b)), the construction of housing as well as industrial or commercial buildings (section 9(1)(c)), the demolition of buildings and structures (sections 9(1)(h) and 9(1)(i)), the provision of a range of public services and amenities, the reclamation of land for various purposes (sections 9(1)(s) and 9(1)(t)), and “any other matter” that is considered to be expedient (section 9(1)(v)). Despite the scope of “improvement” schemes, the law fails to provide for measures to preserve natural resources or combat environmental degradation. In addition, the Authority may designate “controlled” areas, where haphazard growth, encroachment and construction are restricted (section 15). The Authority itself executes development schemes in controlled areas (section 18(1)), and such schemes may cover activities such as land use and “reservation”, zoning, housing, slum clearance, public buildings and parks, as well as the provision of public amenities such as water supply, gas and electricity (section 18(3)). Such schemes may also include the “preservation of objects or places of historical or scientific interest or natural beauty” (section 18(3)(i)), the utilisation of natural resources (section 18(3)(m)), and “any subject or matter concerning [the] public” (section 18(3)(n)).


In order to execute a scheme, the Authority may demolish buildings, upon payment of compensation to the owners or occupiers (section 28), or take over “open spaces” (section 30). It also has the power to acquire land (section 33), and to purchase, lease or exchange property (section 32). The provincial government makes rules to carry out the purposes of this Act (section 48) while the Authority may frame regulations (section 49). The Lyari Development Authority Act was repealed by the Sindh Development Authority Laws (Repeal) Ordinance 2002, which did not state that the Lyari Development Authority itself had been dissolved. Subsequently, however, the Authority was specifically revived by the Sindh Development Authorities Laws (Revival and Amending) Ordinance 2006. Meanwhile, under the SLGO the management of development authorities is to be taken over by district governments (SLGO, section 182(3)).

Lyari Development Authority Act 1993 (No. X of 1994 [sic]) also see: Sindh Development Authority Laws (Repeal) Ordinance 2002 (No. XXII) Sindh Development Authorities Laws (Revival and Amending) Ordinance 2006

6.1.13 Malir Development Authority Act 1993 (No. XI of 1994 [sic])

This Act establishes the Malir Development Authority, which is responsible for a wide range of development activities. These include implementing schemes for the development of urban, rural and industrial areas (section 8(1)(viii)), and the provision of “public works” (section 8(1)(ix)). The Authority is also required to lay down development standards (section 8(1)(xvii)). The Authority may designate “controlled” areas where haphazard growth, encroachment and construction are restricted (section 14). The Authority executes development schemes in controlled areas (section 17(1)), and schemes may cover activities such as land use and “reservation”, zoning, housing, slum clearance, public buildings and parks, as well as the provision of public amenities such as water supply, gas and electricity (section 18(3)). Such schemes may also include the “preservation of objects or places of historical or scientific interest or natural beauty” (section 18(3)(i)), the utilisation of natural resources (section 18(3)(m)), and “any subject or matter concerning [the] public” (section 18(3)(n)). In order to execute a scheme, the Authority may demolish buildings, upon payment of compensation to the owners or occupiers (section 27), or take over “open spaces” (section 29). It also has the power to acquire land (section 32), and to purchase, lease or exchange property (section 31). In substance, the Malir Development Authority Act is similar to the laws governing the Larkana and Lyari authorities, except for certain additional provisions related to natural resources in the area. The Malir Authority may also plan and execute schemes for agriculture, livestock and fisheries, as well as forests, pastures and “green belts” (section 8(3)). The law does not, however, provide for the conservation of these resources, or for measures to ensure that they are used sustainably. The provincial government makes rules to carry out the purposes of this Act (section 48) while the Authority may frame regulations (section 49). The Malir Development Authority Act was repealed by the Sindh Development Authority Laws (Repeal) Ordinance 2002, which did not state that the Authority itself had been dissolved. The Authority was specifically revived, however, by the Sindh Development Authorities Laws (Revival and Amending) Ordinance 2006. According to the SLGO, the management of development authorities is to be taken over by district governments (SLGO, section 182(3)).

Malir Development Authority Act 1993 (No. XI of 1994 [sic]) also see: Sindh Development Authority Laws (Repeal) Ordinance 2002 (No. XXII) Sindh Development Authorities Laws (Revival and Amending) Ordinance 2006


6.1.14 Sehwan Development Authority Act 1993 (No. V of 1994 [sic])

This law establishes the Sehwan Development Authority, which is responsible for development activities in the taluka of Sehwan, as well as other areas of Dadu district (section 1(2)). The Authority is responsible for the “overall development, improvement and modification” of areas that lie within its jurisdiction (section 7(i)). It formulates and enforces “schemes” (section 7(ii)), builds and operates facilities for water supply, drainage, sewerage and solid waste disposal (section 7(iii)), and performs “other functions” assigned to it by the provincial government (section 7(v)). The Authority is also responsible for the production and supply of potable water to “Government agency” of (section 21). The Authority is required to prepare a master plan for “development, improvement, expansion and beautification” (section 11), and may impose restrictions on “haphazard growth” (section 13) and the construction of buildings (section 14). It has the power to acquire land (section 17), and to purchase, lease or exchange property (section 16). The provincial government makes rules to carry out the purposes of this Act (section 27) while the authority may frame regulations (section 28). The Sehwan Development Authority Act was repealed by the Sindh Development Authority Laws (Repeal) Ordinance 2002. Although the Repealing Ordinance did not state explicitly that the Authority itself had been dissolved, the Authority was nevertheless specifically revived by the Sindh Development Authorities Laws (Amendment) Ordinance 2007, which is to have effect from July 2002. According to the SLGO, meanwhile, the management of development authorities is to be taken over by district governments (SLGO, section 182(3)). The 2007 Amending Ordinance states that these authorities are to be headed by district nazims.

Sehwan Development Authority Act 1993 (No. V of 1994 [sic]) amended by: Sehwan Development Authority (Amendment) Ordinance 2001 (No. XIII)

also see: Sindh Development Authority Laws (Repeal) Ordinance 2002 (No. XXII) Sindh Development Authorities Laws (Amendment) Ordinance 2007

6.1.15 Karachi Roads Development and Beautification Authority Ordinance 1988 (No. VI)

This Ordinance provides for the “beautification” of certain roads and streets, and their adjoining areas (preamble). Areas to which this law apply are to be notified by the government (section 1(2)). Other municipal laws for the city do not apply in such areas, and other municipal agencies and development authorities may not act in a notified area (section 15). The law provides for the establishment of a separate Authority to undertake “beautification” work in notified areas (section 3). This Authority is to be managed by the Karachi Aesthetic Control Committee (section 5). The Authority is responsible for the overall development, improvement and beautification of notified areas, and implements schemes for this purpose (section 4(1)). Such schemes may provide for matters such as the construction of fountains, the development of parks and open spaces, plantation and vegetation, and the installation of monuments and murals (section 6(2)). In approving any such scheme, the Aesthetic Committee is required to consider its “overall impact” on the environment and may, if it considers “any of the impacts to be negative”, reject a scheme or require revision (section 6(5)). Similarly, in fulfilling its functions, the Authority is required to act on “sound principles of development” (section 4(2)). The provincial government makes rules under this Ordinance (section 18).

Karachi Roads Development and Beautification Authority Ordinance 1988 (No. VI) repeals: Karachi Roads Development and Beautification Authority Ordinance 1988 (No. III)


6.1.16 Sindh Katchi Abadis Act 1987 (No. II)

This law establishes an Authority to develop, improve and ‘regularise’ squatter settlements, known as katchi abadis. The term ‘katchi abadi’ is defined simply as “a Katchi Abadi declared as such under this Act [including] the Katchi Abadis so declared under any law before the coming into effect of this Act” (section 2(x)). A more specific explanation is provided in section 19, where areas that qualify for classification as a katchi abadi are described as follows: “any area or part thereof which is partially or wholly occupied unauthorisedly before the 23rd day of March 1985 and continues to be occupied” (section 19(1)). The Sindh Katchi Abadis Authority has the power to declare a katchi abadi. Illegal settlements on federal government-owned land cannot be declared without the consent of the federal government (section 19(2)). Similarly, settlements that that have sprung up on land belonging to individuals or cooperative societies are to be regularised with the consent of the owners (section 19(3)). In such cases, however, the Authority has the right to acquire the land upon payment of compensation (section 19(6)). Land “reserved” for roads, streets, water supply and sewerage infrastructure, and other amenities including playgrounds and gardens, and land that is “not safe from flood hazard”, cannot be declared a katchi abadi, except “as otherwise directed” by the provincial government” (section 19(4)). The Authority is responsible for providing “civic amenities and civic services” to katchi abadis (section 11(2)(xiii)). This includes preparing schemes for the supply of water, gas and electricity; the construction of roads and streets; and arrangements for waste disposal (section 21). The Authority may survey a katchi abadi, conduct a census of its residents (section 11(2)(iv)), evict unauthorised occupants and remove encroachments (section 11(2)(vii)). The law allows the government to hand over to the Authority any or all of the functions performed by building control and development authorities (section 35). The Authority may acquire and dispose of immovable property (section 11(2)(viii)). It maintains a fund consisting of its own earnings from leases and from fees charged for service delivery, and monies received from government sources (section 22). Besides financing the general operations of the Authority, the fund is used to pay for regularisation and development activities, as well as compensation for land acquisition (section 24). The Authority may levy a “betterment” fee in cases where the value of property in a scheme has or is likely to increase as a result of development activities (section 27). The government makes rules to carry out the purposes of this Act (section 40) while the Authority may frame regulations (section 41). The Authority implements government policies, identifies areas to be developed and constructs low-cost housing for the resettlement of residents of katchi abadis that fail to become regularised.

6.1.17 Sindh Goth-Abad (Housing Scheme) Act 1987 (No. VII)

This law, which extends to all rural areas of the province, allows the government to grant land to “deserving” persons, defined as those who are poor and in “genuine need” of accommodation (section 2(1)(f)). Such land is allotted free of charge (section 3) and proprietary rights over the land are transferred to the allottee (section 5). The government may prepare housing schemes in such areas (section 4). The Act applies to government-owned land (section 2(1)(j)) but the government also has the right to acquire land (section 8). In addition, the government may exclude certain areas from the operation of this law (section 1(3)). The provisions of this law override those of the Colonization of Government Lands Act 1912 (section 10).

Sindh Goth-Abad Housing Scheme Act 1987 (No. VII) amended by: Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)


6.1.18 Sindh Arid Zone Development Authority Act 1985 (No. II)

This Act provides for the establishment of an Authority to develop “arid zones” throughout the province. Such areas are defined in section 2(a) simply as those areas “declared as such” under section 3. The Authority is responsible for developing “lands” and water resources, as well as roads and public amenities (section 12(2)(iii)). It is empowered to acquire property (section 4(2)). The law allows for the establishment of a fund, and the Authority may use these monies to finance its activities, including paying compensation for property acquired (section 19). In pursuing its activities, the Authority is required to “act on sound principles of planning, construction, operation, management and maintenance”, and to be “guided” on policy issues by the provincial government (section 12(3)). If the value of property in a scheme increases or is likely to increase as a consequence of development work in a particular area, the Authority may levy a “betterment” fee on owners of that property (section 33). The Act contains penalties for offences, including obstructing the execution of a scheme. The provincial government frames rules under this Act (section 31) while the Authority may make regulations (section 32). The law provides the government, the Authority and public functionaries indemnity from prosecution for anything done under this Act (section 30).

Sindh Arid Zone Development Authority Act 1985 (No. II) amended by: Sindh Arid Zone Development Authority (Amendment) Ordinance 1998 (No. VIII of 1999 [sic])

6.1.19 Sindh Buildings Control Ordinance 1979 (No. V)

This law provides for the regulation and control of construction activities, and the establishment of area building control authorities (section 4). Builders and property developers cannot operate without a licence (section 9). The building authority also grants licences to architects, planners, inspectors and engineers (section 8). All construction and development plans must be submitted to the building authority for approval (sections 6 and 7). Even after a no-objection certificate is issued, however, but before the completion of a building, the government may cancel the certificate if it is “satisfied that the construction of any type of building or buildings in any area is not in the public interest or is otherwise inexpedient” (section 6(5)). The building authority has the power to carry out inspections, to order changes, and to demolish structures in cases where such changes have not been implemented (section 11). It may also order the repair of dangerous buildings or order their demolition (section 14). The building control authority maintains a fund consisting of grants and loans as well as its own earnings (section 4-C). The government may exclude any area from the operation this Ordinance (section 1(3)). It makes rules under this Ordinance (section 21) while the building authority may frame regulations to govern a wide range of procedural and operational matters (section 21-A). The building authority has the power to compound offences except for offences related to building works that violate building authority regulations framed under section 21-A (section 19(1-A)). This clause was substituted by means of a 2001 Amendment Ordinance which stated that no offence could be compounded if it related to buildings “which have environmentally degrading activities” (section 19(1-B)). The substitution was, however, to remain in force for a period of 12 months, after which the original restrictions go into effect.


The Karachi Building Control Authority (KBCA) was created under section 4 of this Ordinance. The specific instrument establishing the KBCA could not be identified.

Sindh Buildings Control Ordinance 1979 (No. V) amended by: Sindh Buildings Control (Amendment) Ordinance 1982 (No. III) Sindh Buildings Control (Amendment) Ordinance 1984 (No. XXXVII) Sindh Buildings Control (Amendment) Ordinance 1990 (No. II) Sindh Buildings Control (Second Amendment) Act 1990 (No. VII) Sindh Buildings Control (Amendment) Act 1994 (No. XXIV) Sindh Buildings Control (Amendment) Act 1998 (No. III) Sindh Buildings Control (Amendment) Ordinance 2001 (No. XXXVII)


These Regulations, issued by the KBCA under section 21-A of the Sindh Buildings Control Ordinance 1979, provide exhaustive rules and procedures for construction and development activities in the city (section 1-2). They apply to all of Karachi except for cantonment areas (section 1-1.3). In addition, the government may declare “special areas” that are exempt from the application of these Regulations (section 1-3). The substantive provisions of these Regulations provide for the regulation and supervision of development and construction (chapters 3 and 5); the licensing and registration of design and engineering professionals (chapter 4); penalties and procedures concerning violations of building laws and regulations (chapter 6); dangerous buildings (chapter 7); lighting, ventilation, structural and minimum space requirements within and outside various categories of buildings (chapters 9–11); land use classification, land use changes and zoning (chapters 18, 19 and 25); and “general standards” for various development activities (chapters 20–23). The Master Plan and Environmental Control Department, which implements town planning and “environmental control” regulations (section 2-78), may declare a specified area to be an ‘Interim Control Area’ in order to control land development in specified ways (section 17-3.1). The Regulations contain detailed standards for land use and development (chapters 17–19). Close to 40 separate land use classifications are set out in the Regulations, in addition to sub-categories within each class (chapter 19). Among these classifications are “aquatic recreational areas” consisting of lakes, rivers, ponds, waterfalls and the sea coast (section 19-2.2.12); “water supply” use which covers “protected water resource areas” which are not defined (section 19-3.4.1); “protection zones” including buffer areas around industrial facilities, transportation terminals and riverbeds, which are kept vacant to “protect nearby uses” (section 19-3.6); agriculture and forestry uses which include pasture, grazing areas (section 19-5.1.1) and forests (section 19-5.1.2); mines and quarries (section 19-5.2 ); and “non-urban vacant” land (section 19-5.4) which includes lakes, rivers, water bodies and “sea” (section 19-5.5). Detailed safety precautions are required to be taken at building sites in order to protect workers, passers-by, roads and adjacent structures (chapter 8). Fire resistance and safety measures for various categories of buildings are specified (chapters 13 and 14). Similarly, development permits may include requirements for the applicant to take “protective measures […] for the benefit of neighbouring property” (section 3-3.4.3). Special provisions are also included for the preservation of “heritage buildings” (chapter 15), defined as “premises or objects” declared to be protected heritage under the Sindh Cultural Heritage Preservation Act 1994 or the Antiquities Act 1975 (section 15-1.1). Provisions related to the protection or sustainable use of natural resources within the city area are not mentioned in any detail. An Interim Control Area may be declared in order to “prevent waste in the use of, or otherwise preserve or protect, natural resources, and any other resources, investments or installations of a public agency” (section 17-3.1.5), and conditions for issuing development permits


may include requirements to minimise “any adverse impact of the proposed development upon other land” (section 3-3.7.1). A detailed list of criteria is provided for decisions related to the issuing of “special development permits” (section 3-3.8). These include the implications for the development of the wider area (section 3-3.8.2); whether public-sector development programmes or schemes might be affected (section 3-3.8.3); local conditions or community needs with respect to “air and water quality [or] other attributes of the physical environment” (section 3-3.8.5); and the need “if any to protect existing resources, installations or investments” of the government or any public agency (section 3-3.8 4). Permits may be revoked for violating the Regulations (section 3-1.2). The government may delegate its powers under the Regulations to the KBCA, the Master Plan and Environmental Control Department, or to any of the following local authorities or government bodies: the Board of Revenue, cantonment boards, the city district government, the Karachi Port Trust, the federal Ministry of Works, Pakistan Railways, the Sindh Industrial Trading Estates (Karachi) and the Sindh Katchi Abadis Authority (section 1-4.1, read with schedule 1A).

Karachi Building and Town Planning Regulations 2002 supersede: Karachi Building and Town Planning Regulations 1979

6.1.21 Hyderabad Development Authority Act 1976 (No. XIII)

This Ordinance establishes the Hyderabad Development Authority, which is responsible for the “over-all development, improvement and beautification” of urban areas (section 9(1)(i)) in the now-defunct Hyderabad Division. The Authority formulates and implements development schemes, provides technical services and financial assistance, and undertakes development research and training (sections 9(1)(ii), 9(1)(vii), 9(1)(viii) and 9(1)(x)). It operates and maintains public works, and collaborates with federal and provincial, public or private agencies for development projects (sections 9(1)(iii) and 9(1)(v)). The Authority is also responsible for supplying water to provincial government agencies and, subject to availability, to consumers outside the municipal limits of Hyderabad (sections 56 and 57). The Authority maintains a fund (section 51) which is used to finance its operations (section 52). The Authority may declare any urban area to be controlled in order to prevent haphazard growth, encroachment and unauthorised construction (section 15), and prepare “schemes” for these areas (section 18). Such schemes cover a wide range of activities including land use and land “reservation” (section 18(3)(a)); water supply (section 18(3)(f)); parks, gardens and open spaces (section 18(3)(g); and the “removal of hazards to [the] life and property of citizens” (section 18(3)(l)). In addition, the Authority may prepare schemes for the utilisation of natural resources (section 18(3)(m)) and for the preservation of “objects or places of historical or scientific interest or natural beauty” (section 18(3)(i)). These schemes are deemed to be “for public purpose[s]” (section 26) and the Authority may levy a “betterment” fee in areas where property values have increased as a result of its activities (section 27). Under this Act, the Authority is empowered to acquire movable and immovable property, either by mutual agreement with the owners or compulsorily (sections 32 and 33). Acquisition for the purposes of this law is to be carried out under the provisions of chapter IV (sections 32–50) rather than the Land Acquisition Act 1894. Offences under this law deal for the most part with illegal construction (section 60), zoning violations (section 61), and obstructing or damaging waterworks (section 59). Polluting the water supply is also an offence, punishable with a maximum sentence of six months’ imprisonment and/or a fine of 50,000 rupees (section 59(f)). The Hyderabad Development Authority Act has been repealed by the Sindh Development Authority Laws (Repeal) Ordinance 2002 but the Repealing Ordinance does not state that the Hyderabad Development Authority itself has been dissolved. According to the provisions of the SLGO,


meanwhile, the management of development authorities is to be taken over by district governments (SLGO, section 182(3)).

Hyderabad Development Authority Act 1976 (No. XIII) amended by: Hyderabad Development Authority (Amendment) Ordinance 1977 (No. I) Hyderabad Development Authority (Amendment) Ordinance 1984 (No. LI)

repeals: Town Improvement Act 1922, in application to Hyderabad Hyderabad Development Authority Ordinance 1976 (No. VI)

also see: Sindh Development Authority Laws (Repeal) Ordinance 2002 (No. XXII)


This federal Act establishes an Authority responsible for the planning, development and management of Port Qasim. The Authority is charged with preparing a master plan for the port area (section 10), and may call upon government agencies and local bodies to prepare and execute schemes in the port area related to matters over which these agencies ordinarily hold authority (section 11(2)). Among other activities, such schemes may provide for land use and zoning (section 11(2)(a)); public buildings (section 11(2)(b)); and community planning, housing and slum clearance (section 11(2)(g)), in addition to public services and utilities such as water supply and sewage disposal (section 11(2)(h)). The Authority may order that land be acquired for the purposes of the Act (section 37), and seek the advice and assistance of government agencies and local bodies in the planning and execution of schemes, and bears the cost of any “additional expenditure” incurred in the process (section 13(2)(i)). It may also require government agencies and local bodies to take over and maintain works and services in the port area (section 31(1)(b)).

6.1.23 Karachi Development Authority Order 1957 (No. 5)

This order, which establishes the Karachi Development Authority, or KDA (section 3), provides for the development and improvement of certain areas in the city. The KDA has the power to sanction schemes (section 11) and to declare “controlled” areas (section 12). All schemes prepared and executed by the KDA are considered to be for public purposes (section 28). “Improvement” schemes, grouped in 13 separate categories (section 30), provide for a wide range of activities including zoning, land development and reclamation, housing, the “clearance” of congested areas, the construction of roads and streets, and parks and open spaces (section 29). Conditions and procedures involved in the execution of such schemes are spelled out in some detail (sections 30–41 and 44); no environmental considerations are included. Rather, the KDA is required to consider the “nature and conditions” of neighbouring areas (section 44(a)), the direction in which the city is expanding (section 44(b)), and the need for improvement schemes in other areas (section 44(c)). It may levy a “betterment” fee in areas where it considers property values have increased as a result of its activities (section 104). In addition to development schemes, the KDA has the power to condemn buildings and order their demolition (sections 70 and 71), reclaim low-lying areas (section 76), and regulate construction (sections 67–69, 72, 73, 75, 77 and 84–91). It may declare “use areas”—defined as private land that is “ripe for development and improvement” but which has remained “unimproved and undeveloped” for a period of two years from the date of declaration (section 2(1)(o))—and levy a tax in these areas if they remain “unreasonably” or “inadequately” utilised (section 112). The KDA may purchase or lease land by mutual agreement with its owners (section 92), acquire land compulsorily under the Land Acquisition Act 1897 (section 93) or dispose of its holdings (section 111). It may also enter land to carry out surveys or inspections, bore into the subsoil or mark boundaries (sections 140 and 141).


The KDA is responsible for water supply to “constituent bodies” (section 113) as well as individual consumers (section 114). It has the right to “place and maintain” aqueducts and pipelines in any property without acquiring the property (section 117(1)), and is only required to seek the prior permission of the owners in the case of property vested in the federal or provincial government, local authorities or railways administration (section 117(2)). In carrying out such works, the Authority must cause “as little damage and inconvenience as may be possible” and is required to make “reasonable and proper compensation” for any damage or inconvenience caused (section 118). Penalties specified in the Order primarily concern offences related to obstructing the operations of the Authority or contravening its orders (sections 143–147). Separate penalties are specified for obstructing or damaging waterworks (section 119). These include throwing “rubbish, dirt, filth or other offensive matter” into such works and “any other act whereby the water […] is fouled or likely to be fouled” (section 119(1)(f)), which are punishable with a maximum of six months’ imprisonment and/or an unspecified fine. The government makes rules for the purposes of this order (section 14) while the KDA may frame regulations (section 15). The Karachi Development Authority Order has been repealed by the Sindh Development Authority Laws (Repeal) Ordinance 2002 but the Repealing Ordinance does not state that the KDA itself has been dissolved. According to the provisions of the SLGO, moreover, management of development authorities is to be taken over by district governments (SLGO, section 182(3)), suggesting that development authorities continue to function but do so under a new administrative hierarchy.

Karachi Development Authority Order 1957 (No. 5) amended and adapted by: Karachi Development Authority (Amendment) Act 1967 (No. XII) Karachi Development Authority (Sindh Amendment) Act 1973 (No. VII) Sindh (Karachi Development Authority Order 1957 Amendment) Ordinance 1973 (No. IV) Federal Adaptation of Laws Order 1975 (President’s Order No. 4) Karachi Development Authority (Sindh Amendment) Ordinance 1979 (No. IV) Karachi Development Authority (Sindh Amendment) Ordinance 1980 (No. VI) Karachi Development Authority (Sindh Amendment) Act 1994 (No. XXIII) Karachi Development Authority (Amendment) Ordinance 1998 (No. II)

repeals: City of Karachi Municipal Act 1933 (No. XVII), sections 186–192, 198–201, 203 and 204–211 Karachi Joint Water Board Ordinance 1949 (No. XIII) Karachi Improvement Trust Act 1950 (No. XLVIII)

also see: Sindh Development Authority Laws (Repeal) Ordinance 2002 (No. XXII)

6.1.24 Land Control (Karachi Division) Act 1952 (No. XI)

This federal law was enacted at the time that Karachi was the federal capital. It allows the provincial government to declare any part of Karachi to be a controlled area (section 3) where construction and rebuilding are prohibited without prior permission from the provincial government (section 5). The government is empowered to evict persons found “unauthorisedly occupying or wrongfully in possession” of land or buildings in controlled areas (section 11). The power to make rules has been delegated to the provincial government (section 20). Although there are no specific provisions for land control for conservation purposes, that possibility is not excluded. While more recent laws on land use and development are in force, no instrument specifically repealing the 1952 Act could be identified. The provisions of this Act do not overlap or contradict recent laws and regulations governing land use and buildings.

Land Control (Federal Territory of Karachi) Act 1952 (No. XI) amended and adapted by: Land Control (Capital of the Federation) (Amendment) Act 1952 (No. XXXIV) Repealing and Amending Ordinance 1961 (No. I) Central Adaptation of Laws Order 1964 (President’s Order No. 1) Land Control (Karachi Division) (Sindh Amendment) Act 1972 (No. XIII)


repeals: Land Control (Capital of the Federation) Ordinance 1952 (No. IV)

also see: Land Control (Capital of the Federation) Rules 1952

6.1.25 Colonization of Government Lands Act 1912 (Punjab No. V)

This Punjab law, adapted first for all of West Pakistan and subsequently amended and adapted for the province of Sindh, provides for the administration of government-owned land that has been declared a “colony”. For the purposes of this law, a colony is defined simply as “any area to which this Act shall be applied” (section 3). The provincial government may declare any land it owns to be a colony (section 4) or withdraw this designation (section 5). The Board of Revenue, meanwhile, may grant land situated within a colony “to any person on such conditions as it thinks fit” (section 10(1)). Following a 2005 Sindh amendment, detailed conditions are specified concerning the “disposal” of land in government colonies (section 10-A), allowing the government to determine the market price for various categories of land (section 10-B(1)). Land granted for “amenity” use may not be utilised for any other purpose (section 10-E). In all other cases, however, the government has the power to change the land use specified at the time of the grant (section 10-F). Land use changes may be approved three years after the grant, upon payment of a “differential price”, and subject to other conditions (ibid.). Land that remains unutilised for a period of two years following the grant is forfeited to the government without notice and without the payment of compensation (section 10-D). This condition also applies in the case of projects that are not completed within a two-year period. In both cases, the government may grant a one-year extension, upon payment of a “non-utilisation” fee (ibid.).

Colonization of Government Lands (Punjab) Act 1912 (No. V) adapted and amended by: West Pakistan (Adaptation and Repeal of Laws) Act 1957 (No. XVI) West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance 1961 (No. XXXI) West Pakistan Laws (Adaptation) Order 1964 Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance 1969 (No. XXXVI) Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Adaptation of Laws Order 1975 Colonization of Government Lands (Sindh Amendment) Act 1995 (No. IV of 1996 [sic]) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI) Colonization of Government Lands (Sindh Amendment) Ordinance 2005

repealed elsewhere: Colonization of Government Lands (Sindh Amendment) Ordinance 1995 (No. VII) by Act IV of 1996


6.1.26 Land Acquisition Act 1894 (No. I)

This law regulates the acquisition of land for public purposes and provides for compensation in cash, in the form of an alternative land allocation, or through another type of equitable arrangement (section 31). This is the principal statute governing the acquisition of privately owned land for public purposes. In addition, the law allows for the “temporary occupation and use” of waste or arable land for a maximum period of three years (section 35). The law provides for a preliminary enquiry to survey land and assess its suitability, allowing government officers to bore into the subsoil, dig trenches, and cut down or clear standing crops and “jungle” areas (section 4). It lays down procedures for hearing objections that may be raised to proposed acquisition (section 5A). Provincial governments administer the land acquisition procedure. Other powers under this Act, including the power to make rules, lie with the provincial government.

Land Acquisition Act 1894 (No. I) adapted and amended by: West Pakistan (Adaptation and Repeal of Laws) Act 1957 (No. XVI) Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Land Acquisition (West Pakistan Amendment) Ordinance 1965 (No. I) Land Acquisition (West Pakistan Amendment) Ordinance 1968 (No. XIV) Land Acquisition (West Pakistan Amendment) Ordinance 1969 (No. XLIX) Land Acquisition (West Pakistan Amendment) (Repeal) Ordinance 1971 (No. VI) Land Acquisition (Sindh Amendment) Ordinance 1984 (No. XXIII) Land Acquisition (Sindh Amendment) Ordinance 1992 (No. IV) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)

amended elsewhere: Land Acquisition (West Pakistan Amendment) Ordinance 1965 (No. I) by Sindh Adaptation of Laws Order 1975 and Sindh Repealing and Amending Act 1975 (No. XVII)

Land Acquisition (West Pakistan Amendment) Ordinance 1968 (No. XIV) by Sindh Adaptation of Laws Order 1975 and Sindh Repealing and Amending Act 1975 (No. XVII)

Land Acquisition (West Pakistan Amendment) Ordinance 1969 (No. XLIX) by Sindh Adaptation of Laws Order 1975 and Sindh Repealing and Amending Act 1975 (No. XVII)

Land Acquisition (West Pakistan Amendment) (Repeal) Ordinance 1971 (No. VI) by Sindh Adaptation of Laws Order 1975 repealed elsewhere: Land Acquisition (West Pakistan Amendment) Act 1969 (No. III) by Ordinance VI of 1971

also see: Land Acquisition (West Pakistan Amendment) (Repeal) Ordinance 1971 (No. VI)

6.2 AGRICULTURE Legislation governing the agriculture sector aims to facilitate farming and related activities. No general legislation exists to establish a framework governing agricultural activities in the province, or to implement an agricultural policy. Although law-making for the sector is technically a provincial area under the residuary rule, many important aspects of agricultural activity are nevertheless regulated either solely or jointly by federal law. Legislation governing pesticides is one such example, where the sole law in force is a federal one. Other inputs, such as seeds, are controlled by both federal and provincial law. Agricultural credit is another area where both federal and provincial legislation is in force. Fertiliser, meanwhile, is controlled by provincial law. Regardless of legislative jurisdiction, laws for the agriculture sector regulate inputs, focus on specific issues such as pest control, or establish associations, committees and other bodies—in some cases with overlapping functions—to provide support in specific areas. Various development authorities and industrial development corporations have responsibility for promoting agriculture within their respective jurisdictions. The SLGO also awards local government bodies the power to regulate specified aspects of agricultural activity. The law does not provide policy guidelines for environmentally friendly agricultural practices or prescribe measures to mitigate the environmental impact of agricultural inputs and activities. Nor do


laws governing this sector create a system of classification or labelling for agricultural chemicals to indicate their contents and potential impact on natural resources. The law contains no provisions that are specifically related to improving or protecting the environment, and provides no incentives for farmers to employ environmentally friendly agricultural processes or techniques.


Administrative and financial management for a number of areas has been devolved to the district level under the provisions of the SLGO. This includes certain activities in the agriculture sector (section 14, read with the First Schedule, part A). The “grouped” district agriculture office handles matters related to agriculture extension, soil fertility and conservation, on-farm water management, and livestock (First Schedule, part C). In city districts, moreover, the provincial government may establish an office for “environment control”, including the control of soil pollution (section 35, read with the First Schedule, part D). For the purposes of the SLGO, land is defined to include land that lies fallow or is under cultivation (section 2(xiv)). Local governments may prohibit the cultivation of any crop considered to be “dangerous to the public health” (section 195, read with the Sixth Schedule, item 19). In addition, they may determine species considered to be agricultural pests and provide for their extermination (ibid). They may also reclaim low-lying areas (Sixth Schedule, item 97). General powers of local governments include regulating the keeping and slaughter of livestock, establishing and operating cattle and poultry farms, and impounding trespassing animals (section 195, read with the Sixth Schedule, items 1, 2, 4, 6 and 10). They may also establish and operate veterinary hospitals, and take measures to prevent the spread of contagious diseases among animals (Sixth Schedule, item 5). Farm market committees are set up by the zila council (section 39(m)) while the taluka administration controls land use, including agricultural use (section 54(1)(d)). The taluka may also levy fees for cattle fairs and agricultural shows (section 67(i), read with the Second Schedule, part II). The maximum penalty under the SLGO is three years’ imprisonment and/or a fine of 15,000 rupees, in addition to a fine of 1,000 rupees for each day that the offence continues to be committed, for cultivating agricultural produce by using sewage, or using manure that is injurious to public health or offensive to the neighbourhood (sections 141–143 and 147, read with the Fourth Schedule, part I, items 11 and 15). Lesser penalties apply for allowing an irrigation channel to become polluted with sewage or “other offensive matter”, failing to keep cultivated lands free of plastic bags or other “non perishable materials”, failing to clear away vegetation declared to be “injurious to health or offensive to the neighbourhood”, and a range of matters related to trespass and damage caused by cattle and other animals (section 141(2)(c), read with the Eighth Schedule, items 3, 5, 6, 16, 22, 25 and 41). These offences are punishable with an immediate fine but may also incur imprisonment for up to six months and/or a fine of 5,000 rupees in the case of repeated offenders. Local councils may frame by-laws governing agricultural development, farm produce markets, the use of sewer water for farming, and the prevention of soil pollution (section 192(2), read with the Fifth Schedule, part II). Citizen community boards may be established under this Ordinance to establish farmers’ cooperatives and farm water associations (sections 98(1)(d) and 98(1)(f)).


These Rules, framed under section 31 of the SLGO, provide for the operation of grouped district offices and specify their functions (section 3(2), read with schedule II). The grouped district agriculture office is responsible for soil fertility and conservation, farm water management, livestock, and agriculture extension (schedule II, item 2). Specific functions in this area include the implementation of a “crop production strategy” and agriculture laws (schedule II, items 2(i)(c) and 2(i)(g)), the prevention


of animal and poultry disease (item 2(ii)(a)), implementing measures to prevent soil erosion (item 2(iv)), and preparing “site specific fertiliser recommendations” (item 2(v)).


At the local level, the district law office is responsible for various aspects related to the implementation of PEPA 1997 (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 8(ii)). These Regulations were issued under section 33 of PEPA. Schedule I of these Regulations requires that an IEE is undertaken prior to the establishment of relatively large-scale livestock farms and agricultural packaging and warehousing operations (part A).

6.2.4 Sindh (Poultry Vaccine Centre) Act 1995 (No. V)

This Ordinance provides for the establishment of a poultry vaccine centre to “accelerate” the production of vaccines and conduct research (sections 8(a) and 8(b)). The centre promotes joint ventures with foreign investors (section 8(e)); conducts training programmes (section 8(c)); establishes executive, technical or advisory committees (section 10); and appoints advisors and consultants (section 11). The centre may acquire and sell property, and formulate and “enforce” schemes (section 9). Its affairs are administered by a board that is also established under this Ordinance (section 5). The centre is to be a self-financing body, and maintains a fund which may be used to finance its operations (section 12). The government may make rules to carry out the purpose of this Ordinance (section 20) while the centre may make regulations to cover matters not provided for in the rules (section 21). The law provides to the vaccine centre and its functionaries indemnity from prosecution for anything done under this Ordinance (section 19).

Sindh (Poultry Vaccine Centre) Act 1995 (No. V) repeals: Sindh (Poultry Vaccine Centre) Ordinance 1995 (No. II)

6.2.5 Sindh Fertilizer (Control) Act 1994 (No. XXV)

This Act regulates the sale, distribution and use of fertilisers. Government inspectors may enter any premises where fertiliser is stored to take samples for analysis (section 9). Individuals may also apply to a government analyst if they wish to test the purity of the fertiliser they have purchased (section 12). Selling, stocking or advertising spurious fertilisers is an offence under this Act, punishable with a fine of 10,000 rupees for a first offence and up to 50,000 rupees for subsequent violations (section 13). In cases where it is suspected that an offence under this Act has been committed, inspectors may enter and search premises, and seize goods and materials (section 16). The law establishes the Fertiliser Control Committee to advise the government (section 5). Substantive regulation of fertilisers is to be carried out by means of rules framed by the provincial government to cover matters such as sale, stocking, advertising and quality control; labelling and packaging; the functions of government analysts and the operation of laboratories; testing procedures; and the “safe storage” of fertilisers (section 22). The provincial government may delegate its powers to any officer or subordinate authority (section 21).


6.2.6 Malir Development Authority Act 1993 (No. XI of 1994 [sic])

This Act establishes the Malir Development Authority, which is responsible for a wide range of development activities. These include irrigation projects (section 8(1)(ii)) and agricultural schemes (section 8(1)(iii)). The Authority is also responsible for the development of livestock and fisheries (section 8(1)(iv)), and for “operating” and maintaining forests and pastures (section 8(1)(v)).


This Act establishes the Industrial and Mineral Development Corporation, an autonomous body that plans and implements programmes for the development of mining and industry (section 3). In addition to its functions related to extractive industry, the Corporation is also responsible for promoting “agro-based industries” (section 4(a)(i)).

6.2.8 Seed Act 1976 (No. XXIX)

This federal Act regulates the production and sale of seeds, and establishes various bodies to oversee and manage the seed industry. Although the subject is technically a residuary matter under the Constitution of 1973 (article 142(c)), the federal government was in this case empowered to frame the law by means of resolutions under article 144 of the Constitution that were passed by all four provinces. Provincial assemblies retain the right to amend or repeal this Act. The provisions of this law apply to food crops, edible oil, fodder and cotton seeds (section 2(p)). The National Seed Council is responsible for policy and overall supervision of the seed industry, including arrangements for the maintenance of the genetic potential of seeds and the development of seed production farms (section 4). The Federal Seed Certification Agency carries out field inspections, sampling and testing, and provides technical advice (section 6). The National Registration Agency assesses seed varieties, maintains a list of “registered” varieties and provides information about seed varieties (section 8). The federal government specifies the varieties of seeds approved for production, sets germination and purity standards, and regulates the labelling of certified seeds (section 10). Only registered varieties that conform to these standards may be sold or distributed (section 11). Seed producers, distributors and sellers must obtain a certificate from the government (section 13). Seed analysts are authorised to inspect production farms (section 17) while inspectors and certification officers are awarded wide powers to inspect packaged seeds (sections 19 and 20). The federal government may make rules to carry out the purposes of this Act (section 29) and delegate its powers to a subordinate officer or authority, or to provincial governments (section 28). The law requires provincial governments to establish provincial seed councils to carry out functions assigned to them by the federal government (section 9).

6.2.9 Sindh Seed Corporation Act 1976 (No. II)

This Act establishes the Sindh Seed Corporation to distribute and market seeds; conduct research; provide consulting services and training; contribute towards the cost of technical studies; promote the seed industry; cooperate with government, non-government and international agencies; and manage seed multiplication, procurement, processing, packing, storage and certification (section 14). The Corporation is also responsible for seed export. It has the power to acquire and sell property (section 15) and to take over seed farms (section 14(l)). The Corporation works with other provincial or national seed corporations (sections 14(q) and 14(r)), and may obtain loans from banks or other sources (section 16). The provincial government may make rules to carry out the purposes of this Act


(section 21) while the Seed Corporation has the power to make regulations, particularly for procedural matters governing its own operations (section 22).

Sindh Seed Corporation Act 1976 (No. II) amended by: Sindh Seed Corporation (Amendment) Ordinance 1984 (No. LXIV)

6.2.10 Sindh Loans for Agricultural Purposes Act 1974 (No. XXII)

This law allows credit to be extended to members of farmers’ cooperatives. Such loans may be repaid in cash or in the form of agricultural produce (section 5). Credit facilities under this law are to be provided only to those members of banks and cooperative societies whose landholdings amount to 64 acres or less.

Sindh Loans for Agricultural Purposes Act 1974 (No. XXII) amended by: Sindh Repealing and Amending Act 1975 (No. XVII)

repeals: Sindh Loans for Agricultural Purposes Ordinance 1974 (No. XVI)

6.2.11 Loans for Agricultural Purposes Act 1973 (No. XLII)

This federal Act regulates the procedure for acquiring agricultural credit from public- and private-sector banks (section 4). The federal government may make rules to carry out the purposes of this Act and delegate its powers to provincial governments (section 5).

Loans for Agricultural Purposes Act 1973 (No. XLII) amended by: Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

repeals: Loans for Agricultural Purposes Ordinance 1973 (No. IV)

6.2.12 Sindh Agricultural Supplies Organization Act 1973 (No. X)

This Act establishes a body to distribute “improved” seeds and fertilisers to farmers in the province “on a commercial basis” (section 12(a)). In addition to general responsibilities regarding the procurement, transport, storage and distribution of agricultural inputs, the Sindh Agricultural Supplies Organization promotes the manufacture of agricultural machinery (section 12(b)), and conducts surveys of “problems” relating to the use of fertilisers and seeds (section 12(c)). The Organization is also required to disseminate information among farmers about the “effects of certified seeds and chemical fertilisers” (section 12(e)). The provincial government may declare any area, non-residential building, warehouse or covered enclosure to be an area “required immediately for the purpose of being used by the Organization” (section 14(1)). Property “required” by the Organization is to be rented from the owner (section 14(2)). The government may make rules (section 18) while the Organization may frame regulations (section 19). Although a newspaper report in 2004 indicated that the Sindh Agricultural Supplies Organization established under this Act had been abolished, no specific legal instrument repealing this Act could be identified.

Sindh Agricultural Supplies Organization Act 1973 (No. X) amended by: Sindh Repealing and Amending Act 1975 (No. XVII)


Sindh Agricultural Supplies Organization (Amendment) Ordinance 1981 (No. II) Sindh Agricultural Supplies Organization (Amendment) Ordinance 1983 (No. XIII) Sindh Agricultural Supplies Organization (Amendment) Ordinance 1984 (No. LXI) Sindh Agricultural Supplies Organization (Amendment) Act 1989 (No. XII)

repeals: Sindh Agricultural Supplies Organization Ordinance 1972 (No. XXIV)

6.2.13 Agricultural Pesticides Ordinance 1971 (No. II)

This federal Ordinance regulates the import, manufacture, formulation, distribution, sale and use of pesticides. The subject was technically a residuary matter under the Constitution of 1962, where the federal government retained the right to legislate on such matters under specified conditions (article 131(2)). Accordingly, the preamble to this Ordinance states that it was promulgated in “the national interest of Pakistan in relation to the achievement of uniformity”. Only pesticides that have been registered with the federal government may be imported or sold (Agricultural Pesticides Ordinance, section 4). One of the conditions for registration is that the chemical in question, when used according to the manufacturer’s instructions, should not cause damage to any vegetation other than weeds (section 5). The definition of the term ‘weed’ as “any plant which grows where not wanted” (section 3(s)) is so broad as to be counterproductive. The Ordinance establishes a technical advisory committee, makes provisions for the inspection of pesticides and the employment of analysts, and sets up pesticides laboratories (sections 12–15). It contains no provisions to control or monitor the use of pesticides over extended periods of time, or to determine the long-term impact of pesticides on the environment, although it does contain a provision to protect human and animal health. Section 5(4)(d) states that a chemical, when used according to the manufacturer’s instructions, should not be “injurious to vegetation, except weeds, or to human or animal health”. Maximum penalties under this Ordinance are a fine of 5,000 rupees or imprisonment for a term of two years (section 23). The federal government may delegate its powers to provincial governments or to government officials (section 29).

Agricultural Pesticides Ordinance 1971 (No. II) adapted, validated and amended by: Federal Adaptation of Laws Order 1975 (President’s Order No. 4) Validation of Laws Act 1975 (No. LXIII) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

6.2.14 Sindh Cotton Control Ordinance 1966 (WP No. XX)

This Ordinance regulates the production, processing and sale of raw or partially processed cotton and cotton waste. It establishes a cotton board and cotton committees to carry out its purposes (section 3). A factory, defined in section 2(m) as a “cotton ginning or cotton pressing or […] cotton seed oil factory”, cannot operate without a licence (section 7). A licence is also required to build a new factory or expand an existing one, and construction must be carried out according to requirements specified in the law (section 15). The government may prohibit the cultivation of certain cotton varieties (section 21), prohibit the import of cotton into certain areas (section 22) and fix prices (section 26). It may frame rules (section 30), and may exempt any factory or class of factories from any or all provisions of this law and the rules framed under it (section 29).

West Pakistan Cotton Control Ordinance 1966 (No. XX) amended and adapted by: West Pakistan Cotton Control (Amendment) Act 1967 (No. I)


West Pakistan Cotton Control (Sindh Amendment) Act 1975 (No. VI) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Cotton Control (Amendment) Ordinance 1981 (No. IV) Sindh Cotton Control (Amendment) Ordinance 1984 (No. XXXIII) Sindh Laws (Amendment) Act 1985 (No. VI) Sindh Cotton Control (Amendment) Ordinance 2002 (No. IX)

repeals: West Punjab Cotton Control Act 1949 (No. IV) Bahawalpur Cotton Control Act 1949 Sindh Cotton Control Act 1954 (No. I)

repealed elsewhere: West Pakistan Cotton Control (Sindh Amendment) Ordinance 1975 (No. I) by Act VI of 1975

also see: West Pakistan Cotton Control (Validation of Levy of Fees) Ordinance 1966 (No. XIII) West Pakistan Cotton Control Rules 1966 West Pakistan Cotton Control Rules 1966, Amendment (Notification No. 154(37)Provl.(A) SOA-VI/64 dated 16 August 1968)

West Pakistan Cotton Control Rules 1966, Amendment (Notification No. 154(37)SOA-VI/64 dated 7 March 1969)

6.2.15 Sindh Seeds and Fruit Plants Ordinance 1965 (WP No. XIII)

This Ordinance aims to improve the production and distribution of seeds and fruit plants in the province. The provincial government designates areas where nurseries are to be set up, specifies seed and fruit plant varieties that may be cultivated, and sets certification standards (section 3). It registers growers of certified seeds and fruit plants (section 4); certifies seeds, fruits plants and nurseries (section 6); and has the power to inspects crops, and seize sub-standard seeds and plants (section 9). It may delegate its powers (section 11) and make rules (section 10).

West Pakistan Seeds and Fruit Plants Ordinance 1965 (No. XIII) adapted and amended by: Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII)

6.2.16 Agricultural Development Bank Ordinance 1961 (No. IV)

This federal law provides for the establishment of the Agricultural Development Bank of Pakistan and contains procedures governing the bank’s operations, as well as a few provisions related to the purpose for which loans are issued and matters such as loan recovery. In issuing credit, the bank is to give preference to the needs of small agriculturists (section 21). The bank now operates under a new name, Zarai Taraqiati Bank Limited. Its Board of Directors includes provincial representatives (section 9). Advisory committees established under this law operate at the provincial level (section 17), and both the federal and provincial government may guarantee loans (section 19).

Agricultural Development Bank Ordinance 1961 (No. IV) adapted and amended by: Federal Adaptation of Laws Order 1975 (President’s Order No. 4) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

also see: Agricultural Development Bank Rules 1961

6.2.17 Sindh Agricultural Pests Ordinance 1959 (WP No. XXVIII)

This Ordinance amends and consolidates the law relating to the eradication of agricultural pests. It allows the government to prohibit the use of cultivation methods that “help the spread of agricultural pests” and to ban the transport of infested crops (section 3). The government may declare “affected areas”, take action to eradicate pests from such areas, and recover costs from farmers and


landowners in such areas (section 9). It may also compel farmers to carry out “preventive measures” to eradicate pests or prevent their spread (section 4). The law contains no provisions to protect against the possible adverse effects of pesticide use, such as monitoring their impact on the environment over a prolonged period. Violating government orders under sections 3 and 4 is punishable with a fine of 500 rupees for a first offence, and a fine of 1,000 rupees and/or three months’ imprisonment for subsequent offences (section 10). The provincial government has the power to make rules under this Ordinance (section 15).

West Pakistan Agricultural Pests Ordinance 1959 (No. XXVIII) amended and adapted by: West Pakistan Agricultural Pests (Amendment) Ordinance 1961 (No. IV) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII)

repeals: Sindh Boll Worm Act 1947 North West Frontier Province Fruit-Fly (Preventive Measures) Act 1950 North West Frontier Province Sugarcane (Protection Against Pyrilla Pest) Act 1950

6.2.18 West Pakistan Agricultural Pests Rules 1960

These Rules were framed under section 15 of the West Pakistan Agricultural Pests Ordinance 1959. They prescribe specific “preventive measures” with respect to various crops (sections 4–9) and lay down procedures for crop inspections (section 10). Crops specified in the Rules include rice, maize, cotton, sugarcane, and fruit-bearing plants or trees.

6.2.19 Sindh Rice (Restrictions on Cultivation) Ordinance 1959 (WP No. LVIII)

Although this Ordinance does not specifically state that its purpose is to protect agricultural land, it allows restrictions to be placed on the cultivation of rice in order to control waterlogging, salinity, seepage and the resultant damage to land. The Board of Revenue may restrict or prohibit rice cultivation in “any area” (section 3) but growers are entitled to “gather” standing crops before such an order is implemented. Rules under the Ordinance are to be framed by the Board of Revenue (section 6). The maximum penalty under this law is a fine amounting to 10 times the land revenue assessment for the crop in question and/or imprisonment for a term of six months (section 3).

West Pakistan Rice (Restrictions on Cultivation) Ordinance 1959 (No. LVIII) adapted and amended by: West Pakistan Rice (Restrictions on Cultivation) (Amendment) Ordinance 1969 (No. X) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII)

also see: West Pakistan Paddy and Rice (Control) Order 1957 West Pakistan Paddy and Rice (Control) Order 1958 West Pakistan Paddy and Rice Control Order 1964


6.2.20 Sindh Agriculturists’ Loans Act 1958 (WP No. XVII)

This Act consolidates the law relating to taccavi loans issued to owners and occupiers of arable land. It allows the government to make rules regarding the sale of seed on credit as well as loans for the purchase of land, cattle or seed, or for the “relief of distress” (section 2). Loans issued under this law are recoverable as arrears of land revenue, as is the cost of seeds sold on credit and any accumulated interest (section 3).

West Pakistan Agriculturists’ Loans Act 1958 (No. XVII) adapted and amended by: Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII)

repeals: Agriculturists’ Loans Act 1884 (No. XII) Agriculturists’ Loans (Punjab Amendment) Act 1951 (No. X) Agriculturists’ Loan (Punjab Amendment) Act 1955 (No. V) Agriculturists’ Loans (Sindh Amendment) Act 1941 (No. X) Khairpur State Agriculturists’ Loans Act 1952 (No. III) West Pakistan Agriculturists’ Loans Ordinance 1958 (No. III)

6.2.21 Sugar-Cane Act 1934 (No. XV)

This federal Act regulates the price of sugarcane intended for use in sugar mills (section 3). All powers under this Act lie with provincial governments (section 7), which may make rules exempting factories from the provisions of this law (section 8). The maximum penalty under this law is a fine of 2,000 rupees (section 7).

Sugar-Cane Act 1934 (No. XV) amended by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI)

6.2.22 Cattle-Trespass Act 1871 (No. I)

This federal Act imposes penalties for damage to crops or public property caused by cattle. The term ‘cattle’ is defined to include “elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs [sic], goats, and kids” (section 3). Although the law extends to the entire country, provincial governments have the power to exclude certain areas from its ambit (section 1). All powers under this Act lie with provincial governments which may delegate their functions to a local authority or magistrate (section 31). Maximum penalties under this law are imprisonment for a term of six months and/or a fine of 500 rupees (section 24). Under the provisions of the SLGO, union administrations are responsible for the enforcement of this Act (SLGO, section 141(6), read with the Tenth Schedule, item 5).

Cattle-Trespass Act 1871 (No. I) amended by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI)

6.3 EXTRACTIVE INDUSTRY—MINING, PETROLEUM Although provincial laws on the subject of extractive industry are relatively new, this legislation contains no provisions to mitigate the environmental impact of mineral exploration and production.


Existing law does not contain any provisions to govern the safe disposal of waste from mines and mineral processing facilities, nor has the provincial government adopted any legislation to implement federal policy on the subject or establish guidelines for exploring, exploiting and closing sites where minerals and petroleum products are extracted. The protections available under provincial law are vague and open to broad exemptions. The Sindh (Prohibition of Taking Minerals including Reti (Sand) and Bajri from any Land) Act 2003, for example, prohibits the sanctioning of sand and gravel extraction if such activity is likely to adversely affect the ecology and environment of the area but fails to spell out how this provision is to be enforced. Similar considerations are not included in the Sindh Coal Development Authority Act 1993 or the Sindh Industrial and Mineral Development Corporation Act 1988. At the federal level, mining laws specify the respective jurisdiction of the federal and provincial governments, and provide for administrative matters, but contain no provisions related to environmental protection. Mining projects do, however, fall under the ambit of PEPA 1997 and, as such, are required to undergo a prior EIA. Various aspects of mineral exploration and extraction activities are also governed by non-sector-specific laws. Here, too, the focus is on regulating mining for commercial gain rather than minimising environmental impacts. Even laws enacted specifically to designate national parks and wildlife sanctuaries fail to provide watertight protection, instead allowing pipelines to be laid and exploration work to be carried out in such areas (Sindh Wildlife Protection Ordinance 1972, as amended in 2001).

6.3.1 Sindh (Prohibition of Taking Minerals including Reti (Sand) and Bajri from any Land) Act 2003 (No. IV)

This Act prohibits the taking of minerals from “any land” except with the prior sanction of the provincial government (section 3). Such sanction cannot be awarded if extraction “adversely affects the Topography, Archaeology, Ecology and Environments [sic]” of the area (ibid). Land is defined in the law to include subsoil as well as land that lies beneath “water” (section 2(b)) while sand (reti) and gravel (bajri) are considered to be minerals (section 3). Penalties under this Act extend to three months’ imprisonment and a fine of 10,000 rupees for a first offence (section 4(a)), and one year in prison and a fine of 20,000 rupees for a subsequent conviction (section 4(b)). The government may make rules to carry out the purposes of this Act (section 7). The law grants indemnity from legal proceedings to “any person” acting in good faith (section 6).

Sindh (Prohibition of Taking Minerals including Reti (Sand) and Bajri from any Land) Act 2003 (No. IV) repeals: Sindh (Prohibition of Taking Minerals including Reti (Sand) and Bajri from any Land) Ordinance 2003 (No. I)


Although the subject of extractive industry has not been devolved to the district level, local governments have limited powers with respect to certain activities related to the sector. General powers of local governments to regulate the “improper” use of land include the authority to put a stop to quarrying operations, including the “removal of stone, sand, earth or other material from the soil” in any area if such activity poses a nuisance, is likely to create a nuisance, or is considered to be dangerous to the residents of the area (section 195, read with the Sixth Schedule, item 23). In addition, local governments may regulate “dangerous and offensive” trades by issuing licences (Sixth Schedule, item 44). Operations considered to be dangerous or offensive are listed in the annex to the Ordinance and include the burning or grinding of limestone or “metal stone”, and marble cutting and


polishing (annex, items 12 and 22). Under the provisions of the SLGO, written permission is required from the local authorities before “digging” can be carried out in public land (Sixth Schedule, item 22). Local governments may also prepare and implement schemes to prevent pollution, including dust or other substances emitted from stone crushing machines (section 195, read with the Sixth Schedule, item 48). Local councils may frame by-laws to regulate the excavation of “earth, stone or other material” (section 192(2), read with the Fifth Schedule, item 34). Quarrying or blasting in a manner that is dangerous to those passing by or living in the vicinity is punishable with a maximum penalty of three years’ imprisonment and/or a fine of 15,000 rupees, in addition to a fine of 1,000 rupees for every day that the offence continues to be committed (section 141(2)(a), read with the Fourth Schedule, part I, item 28). Excavating earth, stone or any other material within a specified distance from a residential area, and “digging” on public land without permission from the relevant authorities, are punishable with an immediate fine but repeat offenders may also incur imprisonment for up to six months and/or a fine of 5,000 rupees (section 141(2)(c), read with the Eighth Schedule, items 11 and 45).


PEPA 1997 requires parties desiring to commence a project to submit an EIA or IEE to the Federal Agency (section 12). A project is defined to include mining, prospecting and quarrying (section 2(xxxv)(d)). At the same time, however, the Federal Agency may issue an environmental protection order in cases where extraction processes are causing or likely to cause an adverse environmental effect (section 16). The penalty for non-compliance with the provisions governing discharges and emissions (section 11), and environmental protection orders (section 16) is a fine that may extend to 1 million rupees for a first offence (section 17(1)). For non-compliance with provisions governing the handling of hazardous substances (section 14), fines may extend to 100,000 rupees (section 17(2)). Penalties for repeat offenders may include closure or confiscation of the factory, machinery, equipment or substance; an order to restore the environment at the violator’s own cost; and an order to pay compensation for any loss, bodily injury or damage to health or property caused by the violation, in addition to imprisonment for up to two years (section 17(5)).


Under these Regulations, mining and mineral processing projects are required to undergo a prior EIA or IEE, depending on the scale of the operation. Mining and processing operations involving iron, non-ferrous metals, copper, coal, sulphur, gold and precious stones must undergo a prior EIA (schedule II, part C). Smelting plants costing 50 million rupees or more, and steel rolling operations, require an EIA. Smaller-scale smelting plans are required to submit an IEE. The IEE regime applies to the commercial extraction of sand, gravel, limestone, clay and other minerals not mentioned in Schedule II, and costing less than 100 million rupees (schedule I, part D). Operations involving crushing, grinding and separation are also subject to an IEE. At the local level, the district law office is responsible for assisting in the implementation of PEPA 1997 (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 8(ii)).



This Act establishes an Authority for the development, improvement and beautification of the coastal areas of Thatta and Badin districts. The Authority plans and implements schemes in a number of areas including “entrepreneur development” (section 7(2)(i)). It assists and coordinates activities related to the establishment of oil refineries and the provision of pipelines for the transportation of oil (section 7(12)).

6.3.6 Sindh Coal Authority Act 1993 (No. VI)

This Act establishes the Sindh Coal Authority, an autonomous body responsible for the exploration, mining and processing of coal. The Authority prepares schemes, advises the provincial government, publishes research, and promotes joint ventures, particularly with foreign investors (section 4). The Authority is answerable to the provincial government and may delegate its powers (sections 19 and 20). The provincial government may make rules to carry out the purpose of this Act (section 24) while the Authority may make regulations governing matters not provided for in the rules (section 25). The law also provides to the Authority and its functionaries indemnity from prosecution (section 23).

Sindh Coal Authority Act 1993 (No. VI) amended by: Sindh Coal Authority (Amendment) Act 1994 (No. XXXIII) Sindh Coal Authority (Amendment) Ordinance 2002 (No. XXXIII)

repeals: Sindh Coal Authority Ordinance 1993 (No. XXII)

repealed elsewhere: Sindh Coal Authority (Amendment) Ordinance 1994 by Act XXXIII of 1994


This Act establishes the Industrial and Mineral Development Corporation, an autonomous body that plans and implements programmes for the development of mining and industry (section 3). For the purposes of this law, minerals are defined as “all minerals excluding mineral oil and natural gas” (section 2(j)). The Corporation plans, promotes and oversees mining operations and mineral exploitation activities (section 4(a)(iii)), and is responsible for the exploitation and development of “any other material” that the government may decide (section 4(a)(iv)). The power to make rules lies with the provincial government (section 33) while the Corporation may make regulations (section 34). The law provides indemnity from prosecution to the Corporation and its functionaries (section 32).

6.3.8 Sindh Mining Concessions (Cancellation) Ordinance 1978 (No. XVI)

This Ordinance allows the provincial government to cancel mining concessions granted “in an irregular manner or as a political favour”. This provision may be applied to any concessions granted between 1 January 1972 and 4 July 1977 (section 3(1)). In cases where a concession is cancelled, the provincial government is required to appoint an arbitrator to determine whether compensation should be paid for losses sustained by the concession holder (sections 3(2) and 3(3)). In conducting an inquiry, the arbitrator exercises the powers of a civil court, and may summon witnesses, compel their attendance and order the production of documents (section 3(5)). The provincial government may resume possession of the area covered by a cancelled concession (section 4). Rules under this Ordinance are to be framed by the provincial government (section 5).



This federal Act establishes an Authority responsible for the planning, development and management of Port Qasim. The Authority is charged with preparing a master plan for the port area (section 10), and may call upon government agencies and local bodies to prepare and execute schemes in the port area related to matters over which these agencies ordinarily hold authority (section 11(2)). Among other activities, such schemes may provide for industry (section 11(2)(c)). The Authority may also order land to be acquired for the purposes of this Act (section 37).


This law provides for the preparation and maintenance of records-of-rights, the assessment and collection of land revenue, and a number or related matters. According to the provisions of this Act, all mines and minerals are government property (section 49). All quarries also vest with the government unless ownership is expressly provided for in the record-of-rights completed on or before 18 November 1871 (section 50(1)). For records prepared after that date, these interests vest with the landowners concerned unless government ownership is expressly provided (section 50(2)). Third parties whose rights are affected in such matters are entitled to compensation (section 51).

6.3.11 Regulation of Mines and Oil Fields and Mineral Development (Government Control) Act 1948 (No. XXIV)

This federal Act specifies the rule-making jurisdiction and powers of the federal and provincial governments for matters related to the regulation of mines, oilfields and mineral deposits. The federal government makes rules related to the development of nuclear substances, oilfields and gas fields while provincial governments make rules related to other minerals and their extraction (section 5). Rule-making power includes subjects such as exploration and prospecting licences, the payment of royalties and licence fees, refining ores and mineral oil, and the storage and distribution of mined materials (section 2). All powers under this law lie with the “appropriate government”—the federal government in the case of radioactive minerals, oil and gas, and the provincial governments for all other mines and minerals (section 6).

Regulation of Mines and Oil Fields and Mineral Development (Federal Control) Act 1948 (No. XXIV) amended and adapted by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Central Adaptation of Laws Order 1964 (President’s Order No. 1) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

6.3.12 Mines Act 1923 (No. IV)

This federal Act, which is largely administrative in nature, regulates mining operations and mine management, and contains provisions regarding the health, safety and working conditions of mine labour. The power to make rules lies with the “appropriate government” (section 29), defined as the federal government in the case of mines extracting radioactive material, oil, gas and flammable substances, and the provincial government for all other mines.

Mines Act 1923 (No. IV) amended and adapted by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Central Adaptation of Laws Order 1964 (President’s Order No. 1) Federal Adaptation of Laws Order 1975 (President’s Order No. 4) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)


6.3.13 Land Acquisition (Mines) Act 1885 (No. XVIII)

This federal Act, which is to be “read with and taken as part of” the Land Acquisition Act 1894 (section 17), regulates the acquisition of land for the purpose of mining. Land is to be acquired in accordance with the Land Acquisition Act 1894. Provincial governments are empowered to extend the ambit of this law to any of the areas within their jurisdiction (section 1(3)). All powers under this Act lie with provincial governments.

Land Acquisition (Mines) Act 1885 (No. XVIII) amended by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

6.4 NON-EXTRACTIVE INDUSTRY, COMMERCIAL OPERATIONS

Provincial laws governing this sector provide for the promotion and development of industries, and regulate matters related to the general administration of factories and the employment of labour. These laws contain no provisions concerning the disposal of industrial waste. Even where older provincial laws have been amended in recent years, no environmental provisions have been added. The Sindh Small Industries Corporation Act 1972, for example, was amended to gradually phase out small industry and focus on large-scale operations without any provisions to manage or mitigate the greater pollution impacts of larger industries. Similarly, the Sugar Factories Control Act 1950 was amended in 1995, making it mandatory to install quality control devices, but pollution control devices are not required. Specified industrial and commercial activities are, however, subject to the restrictions imposed by PEPA 1997 regarding EIAs and the regulation of emissions. At the provincial and local level, industrial and commercial operations are also governed by local government, building control and development authority laws which aim, with varying degrees of coverage, to regulate the location of industrial units, particularly those involved in processes or products considered to be dangerous, flammable or hazardous.


These Regulations, issued under the Sindh Buildings Control Ordinance 1979, provide exhaustive rules and procedures governing construction and development activities in the city (section 1-2). They apply to all of Karachi except for cantonment areas (section 1-1.3). The government may also declare “special areas” that are exempt from the application of these Regulations (section 1-3). Specified “dangerous trades” (section 25-6.12.1) and “offensive trades emanating obnoxious smells/effluents” (section 25-6.12.2) may only be carried out in “specially designated/approved areas” (section 25-6.12). Zoning provisions require all industrial effluent to be discharged “in keeping with” federal, provincial or local government “environmental standards” (section 25-6.7). All “hazardous waste” is to be disposed of according to the provisions of the NEQS (section 25-6.11). Waste treatments plants are required to comply with the NEQS, as are hospitals and industries (section 12-3). The Regulations also contain “general standards” for various development activities (chapters 20–23). General standards with respect to industrial development, defined to include extractive industry (section 22-1.1.3), include requirements for the removal of waste (section 22-3.1.1) and the elimination of noise pollution (section 22-3.1.2).



Regulation of non-extractive industry as a whole has not been devolved to the district. Local governments do, however, have limited powers with respect to certain aspects of specified industrial operations. General powers of local governments include the authority to issue licences for “dangerous and offensive” trades (section 195, read with the Sixth Schedule, item 44), which are listed in the annex to the Ordinance. Operations considered to be dangerous and/or offensive include sugar refining, electroplating, welding, metal casting, tin factories, marble and glass cutting and polishing, as well as units dealing in chemicals and processes requiring the use of power looms (section 195, read with the Sixth Schedule). Tanning and processing animal hides, skins and animal parts is included in the list, along with a wide range of manufacturing processes involving, for example, ammunition, explosive substances, chemical compounds, coloured cloth and yarn, oils, safes, trunks, cement pipes, tar, turpentine, coconut fibre, spirit, bricks, and earthenware utensils (annex). Local governments may direct industrial concerns to provide for the proper disposal of effluent and waste (section 195, read with the Sixth Schedule, items 45(4) and 46). They may also take measures to control pollution, including emissions from factories and kilns (Sixth Schedule, item 48). The taluka administration is responsible for land use and zoning, including zoning for industry (section 54)(1)(d)). Exemptions from zoning regulations cannot be granted in the case of industrial areas (section 54). The taluka is also responsible for the collection and “sanitary disposal” of industrial waste (section 54(1)(h)), and may levy fees for industrial exhibitions (section 54(l), read with Second Schedule, part II). A district office for enterprise promotion is to be established (section 14, read with the First Schedule, part B), as part of the “grouped” finance and planning office (part C, item (v)). In city districts, meanwhile, the provincial government may set up a “grouped” office of enterprise and investment promotion, responsible for industrial estates and “technological parks” (section 35, read with the First Schedule, part D, item (ii)) as well as a separate office to administer matters related to “industrial and hospital hazardous and toxic waste treatment and disposal” (part D, item (iii)(g)). The SLGO contains provisions that may be used to regulate the siting of industrial and commercial operations, and to control the discharge of industrial waste. Maximum penalties, amounting to three years’ imprisonment and/or a fine of 15,000 rupees, in addition to a fine of 1,000 rupees for each day the offence continues to be committed, apply in the case of the following offences: violating prohibitions specified in the master plan or site development schemes; discharging dangerous chemicals, or hazardous or offensive materials into drains, sewers, public watercourses or onto public land; failing to adequately dispose of industrial and commercial effluent and waste; and dyeing or tanning animal skins within a specified distance from residential or commercial areas (section 141(2)(a), read with the Fourth Schedule, part I, items 8, 9, 12, 16, 21, 25 and 30). It is also an offence to manufacture, store or trade in dangerous chemicals, and flammable, hazardous or “offensive” articles or materials without a licence from the appropriate authorities (item 19). Lesser penalties apply for establishing a brick or lime kiln within a specified distance from residential areas, and stocking or collecting flammable materials or fuels adjacent to commercial or residential buildings (section 141(2)(b), read with the Fourth Schedule, part II, items 39 and 41). Other offences under the SLGO, which are subject to an immediate fine but may also incur imprisonment for up to six months and/or a fine of 5,000 rupees in the case of a repeated offence, cover a wide range of matters concerning the disposal of “offensive matter”, cleanliness and waste disposal in industrial and commercial premises, and damaging or polluting the “physical environment” within or outside private or public premises in a manner that endangers public health (section 141(2)(c), read with the Eighth Schedule, items 5 and 24–26). Local councils may frame by-laws to govern a range of industrial activities including “dangerous and offensive” trades, and dyeing or tanning animal skins (section 191(2), read with the Fifth Schedule, part II, items 16 and 32). By-laws may also cover more general subjects such as pollution control, licensing and the prevention of nuisance (Fifth Schedule, items 15, 20, 24 and 40), all of which may be applied to industrial activities.



These Rules, framed under section 31 of the SLGO, provide for the functioning of district offices. While industry is not a devolved subject, the district has responsibility for certain specified aspects related to the sector. Under the Rules, the district finance and planning office is responsible for the promotion of cottage industry, small business and medium-scale enterprise (section 3(2), read with schedule II, item 5(iii)). Specific functions in this connection include organising industrial exhibitions, conducting surveys, and developing industrial estates and “technological parks” (ibid.). The district law office assists parties proposing to establish new projects in submitting environmental assessment reports, and must ensure the “implementation of environmental protection and preservation measures” in all development projects (schedule II, item 8(ii)).


Industrial activity is defined in PEPA as “any operation or process for manufacturing, making, formulating, synthesising, altering, repairing, ornamenting, finishing, packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal, or for mining, for oil and gas exploration and development, or for pumping water or sewage, or for generating, transforming or transmitting power or for any other industrial or commercial purposes” (section 2(xxii)). The wide scope provided by the definition for regulating industrial activity is reflected in the operative provisions of the law, particularly the prohibition on certain emissions with provisions for levying pollution charges (section 11); IEE/EIA (section 12); licensing (sections 14 and 15); and environmental protection orders (section 16). A project is defined to include construction, operation, alteration, expansion, repair, decommissioning or abandonment of factories or other installations (sections 2(xxxv)(c) and 2(xxxv)(f)). PEPA requires parties desiring to commence a project to submit an EIA or IEE to the Federal Agency (section 12). Meanwhile, the Federal Agency may issue an environmental protection order in cases where discharges, emissions, waste disposal or the handling of hazardous substances are causing or likely to cause an adverse environmental effect (section 16). The penalty for violating provisions governing discharges and emissions (section 11), and environmental protection orders (section 16), is a fine that may extend to 1 million rupees for a first offence (section 17(1)). For non-compliance with provisions governing the handling of hazardous substances (section 14), fines may extend to 100,000 rupees (section 17(2)). In addition to imprisonment for up to two years, penalties for repeat offenders may include closure and confiscation of the factory, machinery and equipment; an order to restore the environment at the violator’s own cost; and an order to pay compensation for any loss, bodily injury or damage to health or property caused by the violation (section 17(5)).

6.4.5 Hospital Waste Management Rules 2005 SRO 1013(1)/2005 dated 3 August 2005

These Rules, framed under section 31 of PEPA 1997, make hospitals responsible for the “proper management” and disposal of waste (section 3). Several categories of waste are specified in the Rules, including chemical (section 2(1)(a)), “genotoxic” (section 2(1)(c)), infectious (section 2(1)(h)) and radioactive (section 2(1)(n)). Every hospital is required to set up a waste management team (section 4) which prepares, implement and monitors a waste management plan (sections 4 and 15). Hospitals are defined broadly to include clinics, laboratories, pharmacies and a wide range of health care, research and veterinary institutions and centres (section 2(1)(f)). The remaining provisions of the Rules deal with the responsibilities of hospital officials; matters related to waste segregation, storage, transportation and disposal; and


measures to be taken in case of accidents or “spillages”. The federal government may exempt any class of hospitals from any or all of the provisions of these Rules (section 25).


Under these Regulations, manufacturing and processing projects are required to undergo prior IEE or EIA. Relatively small-scale industries and commercial operations, which require a prior IEE, are listed in Schedule I, part C. Larger-scale manufacturing and processing operations requiring a prior EIA are listed in Schedule II, part B. At the local level, the district law office is responsible for assisting in the implementation of PEPA 1997 (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 8(ii)).

6.4.7 National Environmental Quality Standards SRO 742(I)/93 dated 29 August 1993

This Order was issued under the Pakistan Environmental Protection Ordinance 1983 (No. XXXVII). Although the 1983 Ordinance is repealed, these standards remain in force. The NEQS specify maximum limits for various types of effluent and emissions, including liquid industrial effluent (section 2, read with annex I) and industrial gaseous emissions (section 2, read with annex II). The NEQS have been revised and amended periodically, and substantively so in the year 2000.

National Environmental Quality Standards (SRO 742(I)/93 dated 29 August 1993) amended by: SRO 1023(I)/95 dated 16 October 1995 SRO 549(I)/2000 dated 8 August 2000


This Act establishes an Authority for the development, improvement and beautification of the coastal areas of Thatta and Badin districts. The Authority is responsible for planning and implementing schemes in a number of areas including “entrepreneur development” (section 7(2)(i)), and providing credit for industrial development and “other allied activities” (section 7(2)(d)). It also assists in the establishment of coconut palm plantations, and makes arrangements for extraction and refining (section 7(10)).

6.4.9 Sindh Small Industries Corporation Act 1972 (No. XXVI)

This Act establishes a Sindh Small Industries and Handicrafts Development Corporation (section 3), which was re-named the Sindh Small Industries Corporation in 1979. The Corporation assists in the establishment of cottage and small industry (section 16(1)), providing loans and furnishing bank guarantees (section 16(2)) for industries operating in small industries estates (section 19). The Corporation establishes small industries estates (section 25(xiv)), and carries out a wide range of functions related to the promotion and operation of small industries, including the supply of raw materials (section 25(xviii)). It is also required to introduce “better means of production” (section 25(xx)) and to establish “model projects” (section 25(v)). Although the law contains no provisions that directly address the environmental impact of industrial operations, these clauses allow the


Corporation to promote projects with minimal adverse effects on natural resources and the environment. At the time of its inception, the Corporation was responsible for developing small industries with total fixed assets, excluding land, worth up to 2 million rupees (section 2(n)). By 1987, it was responsible for relatively larger industries with an “original value” of fixed capital investment, including land and buildings, of up to 10 million rupees (section 2(n), as amended in 1987). The functions of the Corporation, however, remain unchanged.

Sindh Small Industries and Handicrafts Development Corporation Act 1972 (No. XXVI) adapted and amended by: Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Small Industries and Handicrafts Development Corporation (Amendment) Ordinance 1977 (No. XI) Sindh Small Industries and Handicrafts Development Corporation (Amendment) Ordinance 1978 (No. VIII) Sindh Small Industries and Handicrafts Development Corporation (Second Amendment) Ordinance 1978 (No. XII) Sindh Small Industries and Handicrafts Development Corporation (Amendment) Ordinance 1979 (No. II) Sindh Small Industries Corporation (Amendment) Ordinance 1979 (No. XIV) Sindh Small Industries Corporation (Amendment) Ordinance 1983 (No. XIV) Sindh Small Industries Corporation (Amendment) Act 1987 (No. III) Sindh Small Industries Corporation (Amendment) Act 1989 (No. I of 1990 [sic])

repeals: Sindh Small Industries and Handicrafts Development Corporation Ordinance 1972 (No. XXIII)

6.4.10 Sindh Industries (Control on Establishment and Enlargement) Ordinance 1963 (WP No. IV)

This Ordinance allows a prohibition to be imposed on the establishment of new industry or the expansion of an existing industrial concern in any “local area” to which its provisions are extended (section 1(3), read with section 3). For the purposes of this Ordinance, an industrial undertaking is defined as any industry manufacturing or processing goods or commodities, and employing 20 or more workers “without the aid of power” or 10 or more workers “with the aid of power” (section 2(c)). Exemptions may be granted at the discretion of the government (section 11) but no criteria for exemptions have been provided in the law. The provincial government may delegate its powers and make rules to carry out the purposes of this Ordinance. The law contains no other provisions. This Ordinance appears to have been promulgated for the sole purpose of keeping industrial operations from being set up in certain areas. It is specifically saved by the Constitution of 1973, where it is included in the list of instruments that must be brought into conformity with the fundamental rights guaranteed to all citizens within a specified period of time (article 8(4), read with the First Schedule, part II, item V(4)). The law was adapted specifically for the province of Sindh in 1975. No legal instrument specifically repealing this Ordinance could be identified.

West Pakistan Industries (Control on Establishment and Enlargement) Ordinance 1963 (No. IV) adapted and amended by: Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Amendment of Laws Act 1976 (No. V)


6.4.11 Sugar Factories Control Act 1950 (NWFP No. XXII)

This NWFP Act was adapted first for all of West Pakistan, and subsequently amended and adapted for the province of Sindh. It regulates the supply of sugarcane to sugar factories (section 14), the price at which it may be purchased (section 16), and other related issues. The provincial government may designate “reserved” areas (section 10), establish a Sugar Factories Control Board (section 3) and appoint inspectors (section 7).

Sugar Factories Control Act 1950 (NWFP No. XXII) adapted and amended by: North West Frontier Province Sugar Factories Control (Amendment) Ordinance 1961 (No. III) Sugar Factories Control (West Pakistan Amendment) Ordinance 1963 (No. XLV) Sugar Factories Control Act (Sindh Amendment) Ordinance 1971 (No. XI) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII) Sugar Factories Control (Amendment) Ordinance 1980 (No. XVI) Sugar Factories Control (Amendment) Ordinance 1985 (No. II) Sugar Factories Control (Sindh Amendment) Act 1993 (No. VIII of 1994 [sic]) Sugar Factories Control (Sindh Amendment) Act 1995 (No. IX)

also see: Sugar Factories Control Rules 1950

6.4.12 Factories Act 1934 (No. XXV)

This law governs the employment of labour, working hours, working conditions and facilities to be provided in the workplace. The Act deals primarily with matters related to labour relations but contains a detailed chapter on the health and safety of workers (chapter III, sections 13–33). The law requires that factories be kept clean and that “effluvia arising from any drain, privy or other nuisance” be removed at regular intervals (section 13). These and other health and safety stipulations apply only to workers within the premises of a factory. The Act does not mention the disposal of waste generated during the manufacturing process or require measures to mitigate the impact of such waste on the environment. All powers under this Act, including the power to make rules, lie with provincial governments (section 59).

Factories Act 1934 (No. XXV) amended by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Factories (West Pakistan Amendment) Ordinance 1966 (No. IV) Factories Act (Sindh Amendment) Ordinance 1971 (No. V) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

6.4.13 Sindh Factories Rules 1975

These Rules, made under the Factories Act 1934, govern the employment of factory labour, providing for the health and safety of workers. They contain detailed provisions regarding facilities and safety equipment to be provided to workers.

6.4.14 Boilers Act 1923 (No. V)

This federal Act consolidates and amends the law relating to steam boilers exceeding a capacity of five gallons, and requires that all boilers be registered (section 6). The law does not apply to boilers on board a ship or mechanically propelled vessel, boilers belonging to the Pakistan Navy, or boilers less than 20 gallons in capacity if they are used by hospitals for sterilising equipment (section 3). The


provincial government has the power to make rules (section 29) while the Boilers Board constituted under this Act may make regulations (section 28). Although most powers under this law lie with the provincial government, the federal government retains the power to appoint members of the Board (section 27-A) and may grant exemptions to certain classes of boilers operated by the railways (section 3(2)).

Boilers Act 1923 (No. V) amended and adapted by: Boilers (West Pakistan Amendment) Ordinance 1958 (No. XXXIII) Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Central Adaptation of Laws Order 1964 (President’s Order No. 1) Boilers Act (Sindh Amendment) Ordinance 1971 (No. VIII) Federal Adaptation of Laws Order 1975 (President’s Order No. 4) Boilers (Amendment) Act 1975 (No. XXX) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

6.5 TAXATION Specific tax laws enacted by the province provide for levies on water, hotels, professions and trades, vehicles and urban immovable property, as well as taxes and cesses on agriculture. The province also periodically enacts Finance Acts and Ordinances to supplement federal tax laws, or to levy or revise provincial taxes. At the local level, district governments are also empowered to collect a variety of taxes and fees on a wide range of services and activities. Under existing law, importance has not been given to taxation on agriculture and industry employing products or processes that are harmful to the environment. Nor are tax cuts offered as an incentive to promote agriculture and industry that is environmentally friendly. There are no provisions to curb the use of fossil fuels or to promote the use of energy sources that are less of a burden on the environment. Rather, the taxation regime tends to favour the expansion and development of industry without paying attention to the environment or the effect of industrial expansion on natural resources. Like federal tax laws, provincial laws do not provide for taxing users of natural resources in the form of general state taxes. Nor is a tax levied on the volume of resources extracted, or the volume of contaminated material discharged into the environment. There are no incentives linked to the sustainable use of natural resources, the minimisation of pollution or other environment-friendly practices. Nor does existing law tap the potential of using taxation as a tool to control pollution or encourage sustainable natural resource management, which may be achieved by providing tax breaks and other incentives for environmentally friendly industries. While there are no taxes levied directly to address environmental issues, taxes are imposed on various sectors that have a direct or potential impact on the environment or natural resources. Taxes on industry, agriculture, transport and many similar sectors impose levies without taking into account the environmental impact of these operations or sectors. For example, every type and class of motor vehicle is taxed, based on various factors within each class such as number of passengers, size of engine, and whether or not the vehicle is air-conditioned. Even with this precedent for a detailed and nuanced tax structure, no levies have been imposed on vehicles that generate higher levels of emissions, or use highly polluting fuels such as diesel. Similarly, vehicles running on compressed natural gas and other relatively less polluting fuels are not afforded tax breaks. The same holds true in the case of taxes on industry, agriculture, electricity and power, where the potential to control emissions and pollution through taxes has not been explored. The province also imposes cesses and levies geared towards a specific area or purpose, as in the case of the Sindh Historical Mosques and Shrines Fund Cess Ordinance 1960, West Pakistan Ghulam Muhammad Barrage Betterment Tax Ordinance 1964 and West Pakistan Sugarcane (Development) Cess Rules 1964. No similar, narrowly focused laws have been enacted to raise funds for environmental conservation.


6.5.1 Sindh Finance Ordinance 2001 (No. XXIII)

This Ordinance amends and revises rates of taxation specified in a number of other laws such as the Stamp Act 1899, the Provincial Motor Vehicles Ordinance 1965 and various finance acts from earlier years. It also amends the Sindh Urban Immovable Property Tax Act 1958, allowing a tax exemption to places of “public charity” as well as buildings and land, other than commercial property, declared to be protected heritage under the Sindh Cultural Heritage (Preservation) Act 1994 (section 3(b)).


Under the provisions of the SLGO, certain functions related to taxation and revenue collection have been devolved to the local government. Land revenue, excise and taxation are “decentralised” offices under the administrative and financial authority of the district (section 14, read with the First Schedule, part A). In city districts, these matters are handled by the “grouped” revenue office (section 35, read with the First Schedule, part C). Local government officials are also required to enforce federal and provincial tax laws (section 29(e)). District governments may frame rules for local government taxes (section 191(1), read with the Fifth Schedule). Various taxes may also be “approved” and collected at the local level. These include taxes on vehicles other than motor vehicles, and tolls on new roads and bridges (zila council); taxes on property and fees for approving building plans (taluka and town councils); licences fees for certain trades and professions (union councils); and a range of levies for services provided and for the maintenance of public utilities such as water supply (sections 39(b), 54(l), 67(i) and 88(b), read with the Second Schedule). Evading taxes and other levies imposed by the local government is punishable with a maximum penalty of three years’ imprisonment and/or a fine of 15,000 rupees, in addition to a fine of 1,000 rupees for every day that the offence continues to be committed (section 141(2)(a), read with the Fourth Schedule, part I, item 6). The same penalty applies in the case of local government employees or contractors overcharging or illegally levying a tax, fine, rate or fee (item 1).


These Rules, framed under section 31 of the SLGO, provide for the operation of district offices and specify their functions (section 3(2), read with schedule II). The grouped district revenue office is responsible for the assessment and collection of various cesses, duties and taxes, including taxes on agricultural income and property (section 3(2), read with schedule II, items 11(i) and 11(ii)). In carrying out its functions, the revenue office is to operate according to “law, policy and guidelines of Government/Board of Revenue” (ibid.).

6.5.4 Sindh Land Tax and Agricultural Income Tax Ordinance 2000 (No. XII)

Under the provisions of this Ordinance, a tax is imposed on cultivated land as well as agricultural income (sections 3 and 6). Smallholders and owners of land in “thar, desert and kohistan areas” are exempt from tax (section 3, read with the First Schedule) while the “first 80,000 rupees” of agricultural income is also tax exempt (section 6, read with the Second Schedule). In addition, the government may grant exemptions to “any land or class of owner” (section 13); the terms and conditions attached to such exemptions are to be specified in the rules.

Sindh Land Tax and Agricultural Income Tax Ordinance 2000 (No. XII) amended by: Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI) Sindh Land Tax and Agricultural Income Tax (Amendment) Ordinance 2001 (No. XXX) Sindh Land Tax and Agricultural Income Tax (Amendment) Ordinance 2002 (No. XIII) Sindh Land Tax and Agricultural Income Tax (Second Amendment) Ordinance 2002 (No. XX)

repeals: Sindh Agricultural Income Tax Act 1994 (No. XXII)


6.5.5 Sindh Sales Tax Ordinance 2000 (No. VIII)

This Ordinance imposes a sales tax on a variety of services including advertisements on radio and television (section 3(2), read with the Schedule). Government agencies for health and education are exempt from the payment of sales tax, along with the United Nations Children’s Fund and the World Wildlife Fund (Schedule, item 2).

6.5.6 Sindh Finance Act 1994 (No. XIII)

This Act, as amended, revises the taxes and levies imposed by a number of other laws such as the Stamp Act 1899, the Sindh Motor Vehicles Taxation Act 1958 and an earlier Finance Act from 1964. It also introduces a cess for the “special maintenance and development” of infrastructure (section 9). The term ‘infrastructure’ is defined to include a wide range of public services and utilities, as well as beaches, landscape, forests, fisheries, “delta conservation, lakes, breeding places of equatic [sic] life, wildlife and its sanctuaries” (section 9(1)).

Sindh Finance Act 1994 (No. XIII) amended by: Sindh Finance (Amendment) Ordinance 2001 (No. XII) Sindh Finance (Second Amendment) Ordinance 2001 (No. XVI)


This Act provides for the delimitation of districts (section 5), the assessment and collection of land revenue (sections 56 ff. and 74 ff.), the appointment of revenue officials (section 7), and a number of related matters. “All land”, regardless of where it is located or for what purpose it is used, is liable for the payment of land revenue (section 56(1)). Certain holdings, such as land included in a village site or situated within a cantonment, are exempt from land revenue (section 56(2)(b) and 56(2)(c)). “Waste and barren land” that has remained uncultivated for at least six years is also exempt (section 56(2)(e)) along with urban immovable property for which property tax is paid (section 56(2)(d)). In addition, the government may exempt certain areas from the operation of this Act or grant limited relief from the payment of land revenue during specified years to certain classes of landowners (sections 2 and 56-A). Both the government and the Board of Revenue are empowered to make rules under this Act.

West Pakistan Land Revenue Act 1967 (No. XVII) amended and adapted by: West Pakistan Land Revenue (Amendment) Ordinance 1969 (No. XXIV) West Pakistan Land Revenue (Amendment) Ordinance 1970 (No. X) West Pakistan Land Revenue (Sindh Amendment) Act 1972 (No. IX) West Pakistan Land Revenue (Sindh Second Amendment) Act 1972 (No. XV) West Pakistan Land Revenue (Sindh Amendment) Act 1973 (No. IV) West Pakistan Land Revenue (Sindh Amendment) Act 1974 (No. XVI) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Land Revenue (Amendment) Act 1976 (No. III) Sindh Land Revenue (Amendment) Ordinance 1978 (No. II) Sindh Land Revenue (Amendment) Ordinance 1980 (No. XI) Sindh Land Revenue (Amendment) Ordinance 1982 (No. XIV) Sindh Land Revenue (Amendment) Ordinance 1983 (No. VI) Sindh Land Revenue (Second Amendment) Ordinance 1983 (No. VIII) Sindh Land Revenue (Amendment) Ordinance 1984 (No. XXV) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)

amended elsewhere:


West Pakistan Land Revenue (Sindh Amendment) Act 1973 (No. IV) by Sindh Adaptation of Laws Order 1975 and Sindh Repealing and Amending Act 1975 (No. XVII)

repeals: Punjab Riverine Boundaries Act 1899 (No. I) Punjab Land Revenue (Amendment) Act 1912 (No. II) Punjab Land Revenue (Amendment) Act 1928 (No. III) Punjab Land Revenue (Amendment) Act 1929 (No. VII) Punjab Land Revenue (Amendment) Act 1934 (No. VI) Punjab Land Revenue (North West Frontier Province Amendment) Act 1935 (No. VIII) Punjab Land Revenue (Amendment) Act 1950 (No. I) Punjab Land Revenue (Second Amendment) Act 1950 (No. XVIII) Punjab Land Revenue (North West Frontier Province Amendment) Act 1954 (No. V) Punjab Land Revenue (Amendment) Act 1955 (No. IV) Punjab Land Revenue (Amendment) Act 1955 (No. XIX) West Pakistan (Punjab Land Revenue Act) (Amendment) Act 1956 (No. III) Punjab Land Revenue (West Pakistan Amendment) Ordinance 1959 (No. XXIX) West Pakistan Determination of Land Revenue and Water Rate Ordinance 1959 (No. LV) Punjab Land Revenue (West Pakistan Amendment) Ordinance 1962 (No. XXVIII) Punjab Land Revenue (West Pakistan Amendment) Ordinance 1962 (No. XXXVII) Punjab Land Revenue (West Pakistan Amendment) Ordinance 1963 (No. XVIII) Sindh Revenue Jurisdiction Act 1876 (No. X), in part Bombay Land Revenue Code 1879 (No. V), in part Sindh Land Revenue Code 1879 (No. V), in part Sindh Village Officers Act 1881 (No. IV), in part Punjab Land Revenue Act 1887 (No. XVII), in whole or part, depending on application

repealed elsewhere: West Pakistan Land Revenue (Sindh Amendment) Ordinance 1972 (No. XII) by Act XV of 1972 West Pakistan Land Revenue (Sindh Amendment) Ordinance 1973 (No. VI) by Act IV of 1973 West Pakistan Land Revenue (Sindh Amendment) Ordinance 1974 (No. IX) by Act XVI of 1974 Sindh Land Revenue (Amendment) Ordinance 1976 (No. I) by Act III of 1976

also see: West Pakistan Land Revenue Rules 1968 West Pakistan Land Revenue Assessment Rules 1968 West Pakistan Land Revenue (Conferment of Rights of Ownership) Rules 1969 Sindh Land Revenue Flat Rate Assessment Rules 1973

6.5.8 West Pakistan Finance Act 1962 (No. I)

The Act allows for a variety of taxes to be imposed, including surcharges on land revenue and agricultural income tax (sections 3 and 5); taxes on “callings”, professions, trades, import and export licences, motor vehicles, railway fares, and freights (sections 9–12); and tolls on freight and goods carried by various means of transport (sections 13–15). Although newer laws are issued as required, earlier finance acts are not automatically repealed. The 1962 Act, for example, was in force until as recently as the year 2000, when it was amended.

6.5.9 Sindh Historical Mosques and Shrines Fund Cess Ordinance 1960 (WP No. V)

This law establishes a fund to finance the repair and maintenance of historical mosques, and to meet other related expenditure (section 4). A cess is imposed on all Muslims liable to pay land revenue or urban immovable property tax (section 3), and the monies recovered are paid into the fund. The provincial government may frame rules to govern repair and maintenance schemes, and procedural matters (section 6).

West Pakistan Historical Mosques Fund Cess Ordinance 1960 (No. V) amended by: West Pakistan Historical Mosques Fund Cess (Amendment) Ordinance 1964 (No. XVI) West Pakistan Historical Mosques Fund Cess (Amendment) Ordinance 1966 (No. IV) West Pakistan Historical Mosques and Shrines Fund Cess (Amendment) Ordinance 1969 (No. XLVIII) West Pakistan Historical Mosques and Shrines Fund Cess (Sindh Amendment) Ordinance 1971 (no IX) West Pakistan Historical Mosques and Shrines Fund Cess (Sindh Amendment) Ordinance 1973 (No. XIV) West Pakistan Historical Mosques and Shrines Fund Cess (Sindh Amendment) Act 1974 (No. III) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Historical Mosques and Shrines Fund Cess (Amendment) Ordinance 1979 (No. VI)


also see: West Pakistan Historical Mosques Fund Cess Rules 1962

6.5.10 Sindh Motor Vehicles Taxation Act 1958 (WP No. XXXII)

This Act provides for a tax to be imposed on all motor vehicles (section 3). The amount of tax that various types and classes of vehicles are required to pay is listed in the Schedule. These rates have been revised on a regular basis, either through specific amending laws or by means of provincial finance acts and ordinances. The law contains provisions related to the recovery of dues (section 10) and penalties for defaulting on payments (section 9). It also allows the provincial government to grant tax exemptions (sections 3 and 13). Procedural details related to the collection of tax are to be provided for by means of rules (section 15).

West Pakistan Motor Vehicles Taxation Act 1958 (No. XXXII) amended and adapted by: West Pakistan Motor Vehicles Taxation (Amendment) Ordinance 1961 (No. VI) West Pakistan Motor Vehicles Taxation (Amendment) Act 1964 (No. XX) West Pakistan Motor Vehicles Taxation (Amendment) Ordinance 1966 (No. XIX) West Pakistan Motor Vehicles Taxation (Sindh Amendment) Ordinance 1970 (No. V) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Motor Vehicles Taxation (Amendment) Ordinance 1978 (No. X) Sindh Finance Ordinance 2000 (No. VII)

repeals: Punjab Motor Vehicle Tax Act 1924 (No. IV) North West Frontier Province Motor Vehicle Taxation Act 1936 (No. I) Sindh Motor Vehicles Tax Act 1939 (No. XV)

also see: West Pakistan Motor Vehicles Taxation Ordinance 1956 (No. XXXV)

6.5.11 West Pakistan Motor Vehicles Taxation Rules 1959

Framed under section 15(1) of the West Pakistan Motor Vehicles Taxation Act 1958, these Rules provide detailed procedures related to the payment of motor vehicle tax. Motor vehicle owners must produce their vehicle for inspection by a licensing officer if so ordered (section 17). Police officers may also stop and inspect vehicles on the street in order to ensure that motor vehicle tax has been paid (section 19). Similar powers of inspection are not awarded to ensure that vehicles plying the streets are roadworthy, or to enforce compliance with emissions standards specified in the NEQS. The Rules also contain detailed provisions related to vehicles that may be exempted from tax (sections 6–12 and 22). No exemptions are provided for vehicles using clean fuels or environmentally friendly technology.

West Pakistan Motor Vehicles Taxation Rules 1959 repeals all rules, notifications and exemptions under: Punjab Motor Vehicle Tax Act 1924 (No. IV) North West Frontier Province Motor Vehicle Taxation Act 1936 (No. I) Sindh Motor Vehicles Tax Act 1939 (No. XV)

6.5.12 Sindh Board of Revenue Act 1957 (WP No. XI)

This law established a West Pakistan Board of Revenue (section 3) which was reorganised in 1970 to constitute four separate provincial revenue boards, including the Sindh Board of Revenue.


The Board oversees the working of revenue officials (section 4), and is the “controlling authority” in all matters related to land administration, land revenue collection and the preparation of land records (section 5). It may, with the prior approval of the government, frame rules governing procedural matters (section 9). The collection of land revenue has been devolved to the district under the provisions of the SLGO (section 14, read with the First Schedule, part A, item (xxvi)) and is to be administered by the “grouped” district revenue office (First Schedule, part C). The responsibilities of the district revenue office are spelled out in detail in the Sindh District Governments (Conduct of Business) Rules 2001, section 3, read with the Second Schedule, part 11(i).

West Pakistan Board of Revenue Act 1957 (No. XI) adapted and amended by: West Pakistan Laws (Adaptation) Order 1964 West Pakistan Board of Revenue (Amendment) Act 1964 (No. XVIII) West Pakistan Board of Revenue (Sindh Amendment) Ordinance 1970 (No. I) Sindh Adaptation of Laws Order 1975

repeals: West Pakistan Board of Revenue Ordinance 1956 (No. XII)

also see: West Pakistan (Board of Revenue) Ordinance 1955 West Pakistan Board of Revenue (Amendment) Ordinance 1956 (No. XXVIII)

6.6 INVESTMENT—DOMESTIC AND FOREIGN There are no provincial sector-specific laws on the subject of investment. Federal law focuses on attracting domestic and foreign investment but does not provide incentives to encourage investors who undertake projects based on sound environmental principles. Under provincial law, local governments are permitted to invest their earnings in government securities. Local governments are also charged with the responsibility of promoting investment in industry but no parameters or guidelines have been provided concerning the types of industries that are to be encouraged, and no legal instrument has been issued allowing local governments to carry out these functions.


Local governments are permitted to invest their funds but only in securities floated by the federal or provincial government (section 120(2)). Certain responsibilities related to investment promotion are borne by local governments. Under the provisions of the SLGO, an office of “enterprise and investment promotion” is to be set up in districts where no such office operates (section 14(2), read with the First Schedule, part B, item (v)). This office is to be administered by the “grouped” district finance and planning office (section 14(3), read with the First Schedule, part C, item (v)). In city districts, moreover, the provincial government may establish an enterprise and investment promotion office to oversee matters related to industrial estates, “technological parks”, investment promotion and “protection”, cottage industries, and the promotion of small and medium enterprise (section 35, read with the First Schedule, part D, item (ii)). Specific responsibilities of the district finance and planning office with respect to investment promotion are spelled out in the Sindh District Government (Conduct of Business) Rules 2001.


These Rules, framed under section 31 of the SLGO, provide for the functioning of district offices. Under the Rules, the district finance and planning office is responsible for investment promotion (section 3(2), read with schedule II, item 5(iii)). Specific functions in this connection include updating


“pre-investment studies”, carrying out surveys to “identify industrial potentials” and “investors protection [sic]” (ibid.).

6.7 TRANSPORT Provincial legislation governing the transport sector focuses on consolidating the law related to motor vehicles. Laws outline road safety measures, and establish various transport boards, corporations and authorities to regulate vehicles and traffic. Existing law does not provide for measures to mitigate the impact of transport-related activities on natural resources and the environment.


The subject of transport falls under the administrative authority of the district government (SLGO, First Schedule, part A, item xxxi). The sector is to be managed as part of the “grouped” works and services office which is also responsible for district roads (First Schedule, part C, item xii). In addition, city district governments may establish a public transport office to deal with matters related to mass transit, passenger and freight [cargo] transit terminals, traffic planning, engineering, and parking (First Schedule, part D, item (i)). Under the SLGO, municipal services are defined to include “intra-city or intra- or inter-town or taluka network of […] expressways, bridges, flyovers, public roads [and] streets” as well as footpaths, pavements and traffic signals (section 2(xxii)). Within the district, local authorities manage roads and streets that fall within their jurisdiction (sections 54(1)(h)(v) and 96(2)(e)). The taluka municipal administration is responsible for traffic planning and engineering as well as transport “stations, stops, stands and terminals” (section 54(1)(h)(vi)). The taluka administration also controls land use and zoning for matters related to passenger and freight transport and transit stations (section 54(1)(d)). Local governments may regulate the operation of public vehicles and public ferries, and frame by-laws for traffic control (Sixth Schedule, items 91–93). They are authorised to levy tolls on new roads and bridges other than national and provincial highways and roads (Second Schedule, part I, item 10). Maximum penalties specified in the SLGO, amounting to three years’ imprisonment and/or a fine of 15,000 rupees in addition to a fine of 1,000 rupees for every day that the offence continues to be committed, apply in the case of offences related to vehicle parking (section 141(2)(a), read with the Fourth Schedule, part I, items 23 and 26). Lesser penalties apply for setting up bus and taxi stands illegally (Fourth Schedule, part II, item 37), and for keeping pigeons or other birds in a manner that causes a danger to air traffic (section 141(2)(c), read with the Eighth Schedule, item 44). The SLGO overrides provisions of other laws in force (section 3).


These Rules, framed under section 31 of the SLGO, provide for the functioning of district offices. The district transport office operates as part of the grouped works and services office (section 3(1), read with schedule I, item 12). Under the Rules, the district transport office is responsible for implementing and enforcing the Provincial Motor Vehicles Ordinance 1965 and the Motor Vehicles Rules 1969 as well as the operative sections of the Motor Vehicles Act 1939 (section 3(2), read with schedule II, item 12(iv)). The district roads and buildings office, which is also part of the grouped works and services office, is responsible for the construction and maintenance of roads and bridges, the collection of tolls, and “administration” of the West Pakistan Highways Ordinance within the district (section 3(2), read with schedule II, item 12(ii)).


6.7.3 Karachi Metropolitan Transport Authority Ordinance 1999 (No. V)

This Ordinance establishes a Metropolitan Transport Authority to formulate and implement transport policy, and to implement programmes for the development, operation and maintenance of the metropolitan transport system, including mass transit and other allied works (section 5). The Ordinance also amends various provisions of the Karachi Division (Traffic Engineering) Act 1985 (section 31, read with the Schedule). The government may frame rules to carry out the purpose of this Ordinance (section 28). The Metropolitan Transport Authority, Karachi Transport Board and Traffic Engineering Bureau have different fields of operations. Under the Sindh District Government (Conduct of Business) Rules 2001, the transport office is part of the grouped works and services office, whose functions are listed in Schedule II, part 12.


This federal law prohibits the operation of motor vehicles that emit air pollutants or noise in excess of levels determined in the NEQS. For the purpose of this law, motor vehicles are defined to include land vehicles, chassis and trailers but not vehicles running on fixed rails (section 2(xxvii)). The provisions of PEPA apply only to land vehicles. The NEQS set limits on smoke, carbon monoxide and noise pollution from new and used vehicles. Limits for carbon monoxide are 4.5–6 per cent, exceeding international standards of 2–3 per cent. Nitrogen oxides, sulphur oxides, lead and benzene emissions are not mentioned. For noise emissions, the limit is 85 decibels 7.5 meters from the source (SRO 742(I)/93 dated 24 August 1993, Annex III). Enforcement of the NEQS is the responsibility of the Federal Agency (section 6(1)(f)). The Federal Agency establishes standards for the quality of ambient air, water and land. While different standards may be set for emissions from various sources and for different areas and conditions, if such standards are less stringent than the NEQS, prior approval must be obtained from the Pakistan Environmental Protection Council (section 6(1)(g)). Section 11 prohibits emissions of air pollutants or noise in excess of the NEQS or, where applicable, standards established under section 6(1)(g), and allows the federal government to levy a pollution charge on parties violating these standards. With respect to motor vehicles, the Federal Agency may direct any motor vehicle or class of vehicles to install pollution control devices or other equipment, undergo testing or maintenance, or use particular fuels, and such vehicles will not be permitted to operate until these directions are complied with (section 15). Contravention of or failure to comply with the provisions of this law is punishable with a maximum fine of 1 million rupees, and an additional fine of up to 100,000 rupees for each day that the infraction continues (section 17(1)). Offences related to emissions from motor vehicles, meanwhile, carry the maximum penalty of a 100,000 rupee fine, with an additional fine of 1,000 rupees for each day that the infraction continues (section 17(2)). Repeat violations may lead to imprisonment for up to two years (section 17(5)). All cases brought against offenders under this Act may be tried by Environmental Magistrates (section 24).


These Regulations, framed under section 33 of PEPA, require specified types of transport projects to undergo a prior environmental assessment. Relatively small-scale highway construction projects, and port and harbour development schemes catering to smaller ships, require a prior IEE (schedule I, part E). Airports, railways, large-scale highways, and ports and harbours serving larger ships must submit a prior EIA (schedule II, part D).


At the local level, the district law office is responsible for assisting in the implementation of PEPA 1997 (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 8(ii)).

6.7.6 Karachi Division (Traffic Engineering) Act 1985 (No. V)

This Act provides for the management of traffic and related matters. It establishes the Karachi Transport Board (section 3), which formulates policy in the transport sector and performs advisory functions. The law provides for the operation of the Traffic Engineering Bureau (sections 10–14), which has wide-ranging powers with respect to planning and regulating the movement of traffic, as well as research and education (section 12). Specific responsibilities of the Bureau, listed in section 12 as 22 separate items, do not include a single provision related to the pollution impact of traffic or the adverse effect on natural resources of roads and road-building operations. The law does not require an EIA of road or traffic projects. The 1985 Act was amended in 1999 to accommodate the newly created Karachi Metropolitan Transport Authority (Karachi Metropolitan Transport Authority Ordinance 1999, section 31, read with the Schedule) but no requirements for environmental impact assessments were added.

Karachi Division (Traffic Engineering) Act 1985 (No. V) amended by: Karachi Metropolitan Transport Authority Ordinance 1999 (No. V)

repeals: Karachi Division (Traffic Engineering) Ordinance 1985 (No. V)

6.7.7 Karachi Fisheries Harbour Authority Ordinance 1984 (No. II)

This Ordinance establishes the Karachi Fisheries Harbour Authority as an autonomous body under the provincial government, responsible for planning and regulating harbour design, construction and operations (section 12(2)). The Ordinance establishes the parameters within which the Authority is to operate but does not provide general principles to be followed in doing so. Nor does the law specifically provide for or enable any measures to monitor and mitigate the environmental impact of harbour operations. The provincial government is empowered to make rules to regulate fisheries resources (section 31).

Karachi Fisheries Harbour Authority Ordinance 1984 (No. II) amended by: Karachi Fisheries Harbour Authority (Amendment) Ordinance 1984 (No. XXXII) Karachi Fisheries Harbour Authority (Amendment) Act 1996 (No. XVI)

6.7.8 Korangi Fisheries Harbour Authority Ordinance 1982 (No. XVI)

The purpose of this federal Ordinance is to set up and provide for the operation of the Korangi Fisheries Harbour Authority. The Authority is controlled by the federal government but has the power to make rules to carry out the purposes of this Ordinance (sections 30 and 31). The Authority is responsible for the planning, construction, operation, management and maintenance of Korangi Harbour. It may borrow funds on terms approved by the federal government. The managing director of the Authority exercises “effective control” of the harbour area, including all installations (section 10(2)(b)), and has the power to allot or lease “suitable plots of land” for the establishment of fisheries-related commercial operations and facilities (section 10(2)(d)).


The Authority has no specific responsibilities regarding the environmental protection of the area under its control and is under no obligation to undertake conservation work. The language of section 9(2)(r), however, allows the Authority to “carry out other important work”. This provision could be interpreted as a protection clause, were the Authority to determine that conservation is “important”.

6.7.9 Traffic Offences (Special Courts) Ordinance 1981 (No. XXXIX)

This federal Ordinance establishes special courts to deal with traffic offences as defined in the Provincial Motor Vehicles Ordinance 1965. All powers under this Ordinance lie with provincial governments. Special courts are to be set up by the provincial government (section 3) and all offences under the 1965 Ordinance are to be heard exclusively by these courts (section 4). The provincial government may make rules to carry out the purposes of this Ordinance (section 7).


This federal Act defines the port area and establishes an Authority responsible for the planning, development and management of Port Qasim. The Authority is charged with preparing a master plan for the port area (section 10). It has the discretion to require appropriate local bodies to develop and implement schemes (sections 10 and 31) for the utilisation of water, power and other natural resources (section 11(2)(f)), and for environmental control and pollution prevention (section 11(2)(j)), among other issues. Exploitation and utilisation of natural resources as building materials within the port area, for purposes other than personal use, requires prior authorisation from the Authority (section 33). The Authority may order that land be acquired for the purposes of the Act (section 37), after appropriate notice (section 39) and on payment of compensation (section 41). Any person aggrieved by an award or final order under this Act may appeal to the provincial government within 15 days of the award or final order (section 48). Federal and provincial government agencies, as well as local bodies, are not excluded from operating in the port area (section 11(1)). In addition, government agencies and local bodies may be called upon by the Authority to prepare and execute schemes in the port related to matters over which they ordinarily hold authority (section 11(2)). Specifically, such schemes may provide for a number of public services and utilities as well as transportation and communications infrastructure, including highways, roads, streets, railways, aerodromes, jetties, wharves, moorings, navigational aids, sheds, warehouses, godowns and navigation channels (section 11(2)(d)). The Authority may seek the advice and assistance of government agencies and local bodies in the planning and execution of schemes, and bears the cost of any “additional expenditure” incurred in the process (section 13(2)(i)). The Authority may require government agencies and local bodies to take over and maintain works and services in the port area (section 31(1)(b)), or to enforce regulations on its behalf (section 31(1)(c)). Expenses incurred in such cases are to be decided by agreement between the Authority and the concerned agency or local body (section 31(2)). The Authority frames a scale of tolls, dues, rates and charges to be levied for the landing and shipment of goods (section 13(3)(b)(i)), and maintains a Fund into which grants made by local bodies and other monies are paid (sections 55(1) and 55(2)(c)). Penalties under the Act extend to six months’ imprisonment (section 58) and/or a fine of 2,000 rupees.

Port Qasim Authority Act 1973 (No. XLIII) amended by: Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)


6.7.11 Provincial Motor Vehicles Ordinance 1965 (WP No. XIX)

This law governs the licensing, registration and ownership of vehicles. Other provisions specifically deal with vehicular pollution. The provincial government may make rules governing emissions of “smoke, visible vapour, spooks [sic], ashes, grit or oil” (section 74(2)(h)) and the “reduction of noise emitted by or caused by vehicles” (section 74(2)(i)). The Ordinance contains no other provisions related to managing the environmental impact of motor vehicles. Under the SLGO Rules, the district government has responsibility for implementing and enforcing this law (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 12(iv)).

West Pakistan Motor Vehicles Ordinance 1965 (No. XIX) amended and adapted by: West Pakistan Motor Vehicles (Amendment) Ordinance 1969 (No. XXII) West Pakistan Motor Vehicles (Amendment) Ordinance 1970 (No. IX) West Pakistan Motor Vehicles (Second Amendment) Ordinance 1970 (No. XXV) West Pakistan Motor Vehicles (Amendment) Amending Ordinance 1970 (No. XVI) West Pakistan Motor Vehicles (Sindh Amendment) Ordinance 1971 (No. X) West Pakistan Motor Vehicles (Sindh Amendment) Act 1972 (No. VIII) West Pakistan Motor Vehicles (Sindh Amendment) Ordinance 1972 (No. IV) Federal Adaptation of Laws Order 1975 (President’s Order No. 4) West Pakistan Motor Vehicles (Sindh Second Amendment) Act 1975 (No. XVI) Sindh Motor Vehicles (Sindh Amendment) Act 1976 (No. IV) Provincial Motor Vehicles (Sindh Amendment) Act 1976 (No. XVI) Provincial Motor Vehicles (Sindh Amendment) Act 1986 (No. VI)

repeals: Motor Vehicles Act 1939 (No. IV), except for Chapters VII and VIII, and section 125 Motor Vehicles (Sindh Amendment) Act 1948 (No. XIV) Motor Vehicles (North West Frontier Amendment) Act 1950 (No. XII) Motor Vehicles (Sindh Amendment) Act 1951 (No. XVIII) Motor Vehicles (North West Frontier Province Amendment) Act 1953 (No. VIII) Motor Vehicles (West Pakistan Amendment) Act 1958 (No. XIX) Motor Vehicles (West Pakistan Amendment) Ordinance 1960 (No. XXX) Motor Vehicles (West Pakistan Amendment) Ordinance 1963 (No. XI)

repealed elsewhere: West Pakistan Motor Vehicles (Sindh Amendment) Ordinance 1974 (No. XIV) by Act XX of 1974 West Pakistan Motor Vehicles (Sindh Second Amendment) Ordinance 1974 (No. XX) by Act XVI of 1975 West Pakistan Motor Vehicles (Sindh Amendment) Act 1974 (No. XX) by Act XVI of 1975 Motor Vehicles (Sindh Second Amendment) Act 1975 (No. II) by Act XVI of 1975 Provincial Motor Vehicles (Sindh Amendment) Ordinance 1976 (No. VII) by Act XVI of 1976

also see: Provincial Motor Vehicle Rules 1969

6.7.12 Sindh Highways Ordinance 1959 (WP No. XXXII)

This Ordinance provides for the designation of highway authorities to administer one or more highways, or part of a highway (section 3(1)). In the absence of designated authorities, local authorities perform these functions (section 3(2)). A highway authority is responsible for highway construction, repair and alteration, and may use “for any purpose appropriate to its functions” land forming part of a highway but not required for the passage of vehicles (section 5). Authorities may carry out works on a highway and are required to pay “reasonable compensation” for any damage caused to land or buildings as a result of such activities (section 7(1)). The law places restrictions on various types of development activities in the vicinity of highways (sections 8, 9 and 11) and allows highway authorities to prescribe specifications for building and development in such areas (sections 16 and 17). Highway authorities may acquire land by mutual agreement with its owners or by means of the Land Acquisition Act 1894.


Chapter V of the Ordinance, related to the responsibilities of highway users, requires drivers to obey traffic rules (section 19). Drivers must also ensure that they do not endanger human life or drive in a manner that is “likely to cause hurt to any other person” (section 21(2)). Under section 22-A of the Ordinance, discharging water from agricultural lands or any other source onto a highway is prohibited. Trees along a highway or within its limits cannot be cut without permission of the highway authorities (ibid). The government may set up mobile courts to try offences perpetrated within the jurisdiction of a particular highway (section 24). The government may make rules under this Ordinance to cover a wide range of matters including the regulation of grazing in highway land (section 29(2)(e)), and the prevention of “nuisances” caused by the discharge of “sullage water”, the dumping of material that is “offensive or injurious to health” and conducting “dangerous or offensive trades” on or in the vicinity of a highway (section 29(2)(b)). Under SLGO Rules, the district government is responsible for the “administration” of this Ordinance (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 12(ii)).

West Pakistan Highways Ordinance 1959 (No. XXXII) adapted and amended by: West Pakistan Highways (Sindh Amendment) Act 1973 (No. II) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII)

repealed elsewhere: West Pakistan Highways (Sindh Amendment) Ordinance 1973 (No. III) by Act II of 1973

6.7.13 Motor Vehicles Act 1939 (No. IV)

This federal Act originally governed the ownership and operation of motor vehicles. It regulated licensing and registration, public transport, the construction and maintenance of motor vehicles, traffic, insurance, and the jurisdiction and authority of various government functionaries. Since 1965, however, these matters have been governed by provincial motor vehicle law and Chapters I to VI of the 1939 Act have been repealed in their entirety. The remaining provisions relate to motor vehicles temporarily leaving or visiting Pakistan (section 92), insurance against third party risks (section 94), the obligations of insurers (section 96), the adjudication of offences relating to insurance (section 99) and other insurance-related matters. The power to make rules lies with the federal government (sections 92 and 111). Under SLGO Rules, the district government is responsible for implementing and enforcing the operative provisions of chapters VII and VIII of this Act (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 12(iv)).

Motor Vehicles Act 1939 (No. IV) amended and adapted by: Motor Vehicles (West Pakistan Amendment) Act 1958 (No. XIX) Motor Vehicles (West Pakistan Amendment) Ordinance 1960 (No. XXXV) Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Motor Vehicles (West Pakistan Amendment) Ordinance 1963 (No. XI) Motor Vehicles (West Pakistan Amendment) Act 1964 (No. XXXI) Motor Vehicles (West Pakistan Amendment) Act 1964 (No. XXXVI) Central Adaptation of Laws Order 1964 (President’s Order No. 1) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

repealed (in part) by: Provincial Motor Vehicles Ordinance 1965 (No. XIX)

repealed elsewhere: Punjab Transport Board Act 1948 (No. III) by Act XIX of 1958 North West Frontier Province Road Transport (Nationalisation) Act 1951 (No. IV) by Act XIX of 1958 Motor Vehicles (West Pakistan Amendment) Ordinance 1958 (No. II) by Act XIX of 1958

also see West Pakistan Road Transport Board Rules 1957


6.7.14 Sindh Public Conveyances Act 1920 (No. VII)

This law provides for the regulation of “public conveyances”, defined as “wheeled vehicle[s], drawn by one or more horses or other animals or by hand, which [are] used for the purpose of plying for hire for the conveyance of persons or goods” (section 2(b)). The law does not apply to mechanised public transport vehicles. Regulation is carried out by means of licences required for vehicles (section 3), horses (section 8) and drivers (section 11). The law carries a detailed list of offences (sections 22–28). Drivers causing “any hurt or damage” either through negligence or misconduct are required to pay compensation to the “complainant” in addition to penalties incurred by law (section 29). The term ‘damage’ is not defined.

Sindh Public Conveyances Act 1920 (No. VII) amended by: Sindh Public Conveyances (Amendment) Act 1996 (No. XII)

6.7.15 Inland Mechanically Propelled Vessels Act 1917 (No. I)

This law provides for a wide range of matters related to the regulation of mechanically propelled vessels, defined as “every description of vessel ordinarily plying on inland waters and propelled wholly or in part by steam, electricity or other mechanical power” (section 2(1)). For the purposes of this Act, inland water refers to “any canal, river, lake or other navigable water” (section 2(2)). This law protects vessels but not the waters used for navigation. The substantive provisions of this Act deal with procedures related to the issuing of various certificates and licences. Vessels to which this law applies must obtain a “certificate of survey” and a “certificate of registry” (section 3) while masters and engineers of such vessels are required to obtain certificates of “competency” (section 20). Any incident involving “material damage” to a vessel or resulting in “loss of life” must be reported to the police (section 32). The provincial government may appoint a special court to investigate the incident (section 33). If it is found that the incident was caused by incompetence, a “wrongful act or default”, or as a result of “any gross act of drunkenness, tyranny or other misconduct”, all certificates and licences may be cancelled (section 45). It should be noted that while “material damage” in the context of these sections applies only to vessels, the phrase ‘loss of life’ is not explicitly restricted to human life. Explosions on board a vessel may also be investigated (section 44). “Dangerous goods” may be carried on board a vessel as long as the owner or master of the vessel has been given “notice”, and the package has been “distinctly” marked (section 50). Goods deemed to be dangerous for the purposes of this law are to be notified by the provincial government (section 49). Besides making rules to provide for procedural matters, the provincial government may frame rules to protect vessels from explosion, fire and “other accidents” (section 52(1)), and to regulate the navigation of vessels in order to prevent “danger” to the banks of navigable channels as well as “any property” abutting such channels (section 52(2)(j)). For the purposes of this section, the term ‘danger’ has not been defined. All powers under this Act lie with the provincial government, except for special licensing and registration agreements or exemptions which the “central” government may grant for reasons of reciprocity with other counties (section 19R).

Inland Mechanically Propelled Vessels Act 1917 (No. I) amended and adapted by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Federal Adaptation of Laws Order 1975 (President’s Order No. 4) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)


6.7.16 Ports Act 1908 (No. XV)

This federal Act consolidates prior laws relating to the Karachi Port and Port Qasim, and extends to the navigational rivers and channels leading to these ports. It regulates the working of the ports and the maintenance of harbour facilities, and contains detailed rules for the “conservation of ports” (chapter IV). These protections, such as clauses which prescribe heavy penalties for discharging “rubbish” and ballast into port waters without permission (section 21), are aimed at ensuring that the business of the port progresses smoothly. The provisions of this Act do not apply to vessels owned or in the service of the federal or provincial governments, or to “any vessel of war belonging to any foreign state” (section 2(i)). The law contains no provisions for the protection of marine resources within the harbour, in surrounding areas, or in the freshwater rivers and channels leading to the ports. Both the federal and provincial governments have powers and responsibilities under this Act. The federal government is responsible for the declaration and delimitation of “major” ports, and setting up port authorities for major ports (section 3(9)). It appoints and manages port health officers in “other” ports, and makes rules concerning ships carrying infectious diseases as well as all contingencies associated with such a situation (sections 6(1)(p) and 17, read with section 3(9)). Other matters under this Act are handled by the provincial government.

Ports Act 1908 (No. XV) amended and adapted by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Federal Adaptation of Laws Order 1975 (President’s Order No. 4) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

6.7.17 Railways Act 1890 (No. IX)

This federal Act contains detailed provisions governing the construction, maintenance and operation of railways (chapters III–VI). It regulates the employment of railway staff (chapter VIA), sets out the general responsibilities of railway authorities (chapter VII) and specifies the liability of railway authorities in case of an accident causing loss of life or property (chapter VIII). Both federal and provincial governments have powers and responsibilities under this Act. Railway authorities may not carry out works on property belonging to the provincial government without its approval (section 8A). Similarly, it is up to the provincial government to “sanction” the exercise of certain specified powers by the “railway company” with respect to building and operating ancillary facilities (section 51). Railway companies may frame “schemes” (section 51-A(1)), which are approved by the federal government (section 51-A(2)), but the provincial government has the power to override such approval (section 51-A(5)). The provincial government informs the railway administration about crossings, bridges, drains and other works required for the “accommodation of the owners and occupiers of lands adjoining the railway” (section 11(1)); decides if the railway administration can defray costs (section 11(3)); and may complete unfinished or delayed projects and recover costs from the railway administration (section 11(4)). The provincial government may also ask the railway administration to carry out additional works (section 12). The provincial government has the power to grant exemptions from the provisions of this Act with respect to the matters specified in sections 8A, 11 and 51, while the federal government may grant exemptions with respect to the remaining provisions of this Act (section 147). Other powers under this law remain with the federal government, which may delegate its powers in specified matters (sections 25(1) and 71E(1)). The Act specifies in detail the matters for which rule making is authorised (section 47).

Railways Act 1890 (No. IX) amended and adapted by:


Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Central Adaptation of Laws Order 1964 (President’s Order No. 1) Railways (West Pakistan Amendment) Act 1964 (No. XXIII) Federal Adaptation of Laws Order 1975 (President’s Order No. 4) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

6.7.18 Karachi Port Trust Act 1886 (No. VI)

This federal law establishes a board of trustees to administer the affairs of the Karachi port (section 4). The law deals at length with procedural issues related to the functioning of the board, as well as the wide-ranging powers of the board to administer virtually all aspects of the port’s operations. Until the year 2000, the Karachi Port Trust Act 1886 as amended failed to provide for the protection of the marine environment within the jurisdiction of the harbour. Under a new section added by the Amendment Ordinance of 2000, the board of trustees is responsible for keeping the marine environment of the port free of pollution (section 90(1)). Discharge of ballast water and other liquid or solid waste, including radioactive and “hazardous” substances, is prohibited within port limits (section 90(2)). Such offences are punishable with a fine of up to 10 million rupees for each violation, with additional liability for clean-up costs (section 90(3)). All powers under this law lie with the federal government.

Karachi Port Trust Act 1886 (No. VI) amended by: Karachi Port Trust (Amendment) Act 1948 (No. VIII) Karachi Port Trust (Amendment) Act 1949 (No. VI) Karachi Port Trust Act (Amendment) Ordinance 1949 (No. II) Karachi Port Trust (Amendment) Act 1950 (No. XXIII) Karachi Port Trust (Second Amendment) Act 1950 (No. XLII) Federal Laws (Revision and Declaration) Act 1951 (No. XXVI) Karachi Port Trust (Amendment) Ordinance 1960 (No. XI) Karachi Port Trust (Amendment) Act 1974 (No. XLV) Karachi Port Trust (Amendment) Ordinance 1994 (No. LXXXVII) Karachi Port Trust (Amendment) Ordinance 1997 (No. XLIV) Karachi Port Trust (Amendment) Ordinance 2000 (No. XXXI) Karachi Port Trust (Amendment) Ordinance 2001 (No. XXX)

6.7.19 Sindh Ferries Act 1868 (No. II)

The Act allows the provincial government to declare any ferry to be a public ferry (section 2), and to levy a toll on all passengers, vehicles, animals and goods carried by a public ferry (section 3). Such ferries may be handed over to local bodies (section 2A) or leased to third parties (section 5) Under the provisions of the SLGO, local governments may declare “any part of a public watercourse to be a public ferry [sic]” and provide for the licensing of boats and other vessels plying for hire in a public watercourse (SLGO, section 195, read with the Sixth Schedule, item 93). Since the provisions of the SLGO override other laws (section 3), it may be assumed that the substantive provisions of the 1868 Act are no longer in force.

Sindh Ferries Act 1868 (No. II) adapted and amended by: Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII)


6.7.20 Carriers Act 1865 (No. III)

This federal Act regulates the liability of common carriers in case of damage to or loss of property as a result of negligence or criminal conduct on the part of carriers or their agents. A common carrier is defined as “a person, other than the Government, engaged in the business of transporting for hire property from place to place, by land or inland navigation” (section 2). The damage liability of carriers is limited to goods, and the law does not envisage any liability for damage to the environment. Both the federal and provincial governments have the power to notify the goods or classes of goods to which this law applies (section 11).

Carriers Act 1865 (No. III) amended by: Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)


Under section 278 of the PPC, the punishment for “making [the] atmosphere noxious to health” is a maximum fine of 500 rupees. In addition, certain sections of Chapter XIV on public health and safety concerning “public nuisance” may be interpreted to include air and noise pollution from vehicles, as well as emissions (sections 268, 278, 290 and 291).

6.8 ENERGY AND HYDROELECTRIC POWER At the federal level, energy is one sector where recent legislation includes provisions for environmental protection. The same cannot be said for provincial laws. In Sindh, two separate statutes govern the sector, both of which regulate the production, distribution, use and consumption of electricity, and the rates charged. In addition, the provincial government periodically issues notifications to amend various laws and rules for the sector. Although the sector is heavily regulated, to the extent of making special provisions for emergency situations, there is no specific legislation concerning renewable energy or cleaner methods of power generation, nor are these matters mentioned in existing laws.


Under the SLGO, municipal services are defined to include “lighting” for public roads and streets (section 2(xxii)), and various tiers of local government share in this responsibility (sections 53(3)(ii), 54(1)(h)(vii), 76(l) and 96(2)(e), and Sixth Schedule, items 84–86). These functions are administered through the “grouped” works and services office (section 14(3), read with the First Schedule, part C, item xii). Taluka and union councils may also levy charges for the provision and maintenance of public lighting (sections 67(i) and 88(1)(b)), read with the Second Schedule, part III item 10 and part V item 5). At the same time, the SLGO requires that an office of energy is set up to oversee “micro energy” development and generation projects in the district (section 14(2), read with the First Schedule, part B, item xv). Local governments do not enjoy wide powers to regulate matters related to power and electricity. Under the SLGO, it is an offence to manufacture, store or sell materials used for kite flying in a manner that disrupts electricity supply or causes danger to power supply installations (section 141(2)(b), read with the Fourth Schedule, part II, items 32 and 34). The maximum penalty in such cases is a fine of 5,000 rupees and/or imprisonment for up to six months.


6.8.2 Regulation of Generation, Transmission and Distribution of Electric Power Act 1997 (No. XL)

This federal Act regulates the generation, transmission and distribution of electric power. It establishes the National Electric Power Regulatory Authority (Section 3), which holds exclusive responsibility for regulating the provision of electricity (section 7(1)). While the chair of the Authority is a federal appointee, its four members are representatives from each of the provinces (section 3). The Act requires licensing for the generation (section 15), transmission (sections 16–19) and distribution (sections 20–23) of electrical power. Licence holders are required to follow performance standards, including “safety, health and environmental protection instructions issued by the Authority or any government agency” (section 21(2)(f)). The Authority must encourage the development of industry standards and uniform codes of conduct for generation, transmission and distribution facilities, including for construction practices and standards (section 35). The provinces are required to establish “offices of inspection” to ensure compliance with these provisions (section 38). Under the law, provincial governments may construct power houses and grid stations, lay transmission lines for use within the province, and determine the tariff for distribution of electricity within the province (section 7(4)). The law empowers the Authority to make rules for the safe and effective supply of electric power, and to ensure that operations are carried out in a manner that does minimal damage to the environment (section 46(2)(j)). The Authority may also make regulations in accordance with the Act and any rules (section 47). The provinces are not awarded rule-making powers but may determine penalties for violations related to metering, billing and tariffs, while provincial inspection offices may “establish procedures” related to these matters (section 38(1)).


These Regulations, framed under section 33 of PEPA, require that specified types of energy generation and dam construction projects undergo prior environmental assessment. Schedule I lists the types of projects related to energy (part B), and water and dams (part F), that must undergo a prior IEE while schedule II lists the types of projects related to energy (part A), and water and dams (part E), that require a prior EIA. At the local level, the district law office is responsible for assisting in the implementation of PEPA 1997 (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 8(ii)).


This federal Act establishes an Authority responsible for the planning, development and management of Port Qasim. The Authority is charged with preparing a master plan for the port area (section 10), and may call upon government agencies and local bodies to prepare and execute schemes in the port area related to matters over which these agencies ordinarily hold authority (section 11(2)). Among other activities, such schemes may provide for the utilisation of power (section 11(2)(f)), and a number of public services and utilities including the supply of gas and electricity (section 11(2)(h)).

6.8.5 Electricity Control Ordinance 1965 (No. XXVIII)

This federal Ordinance allows the federal government to impose restrictions on the production, distribution and use of electricity during an emergency. The federal government may, however,


delegate any or all of its powers under this law to provincial governments or to a subordinate officer or authority (section 7). Although the provisions of this Ordinance overlap with those of the federal Regulation of Generation, Transmission and Distribution of Electric Power Act 1997, which has overriding power, no specific instrument repealing the 1965 Ordinance could be identified.

6.8.6 Karachi Electricity Control Act 1952 (No. LVII)

This federal Act, as amended, allows the provincial government to control the production, distribution and use of electricity in Karachi (section 1(2)), which was the federal capital at the time. The provincial government may determine the rates charged for electricity supply, levy surcharges, gather statistical information, and enter and inspect premises (section 3). These regulatory powers are to be exercised by issuing orders. The provincial government may sub-delegate its powers to any officer or subordinate authority (section 4). The law provides indemnity from prosecution to the provincial government for actions undertaken in good faith (section 8). Although Karachi is no longer the federal capital and the provisions of this Act overlap with those of the federal Regulation of Generation, Transmission and Distribution of Electric Power Act 1997, which has overriding power, no specific instrument repealing the 1952 Act could be identified.

Karachi Electricity Control Act 1952 (No. LVII) adapted by: Central Adaptation of Laws Order 1964 (President’s Order No. 1)

6.8.7 Sindh Electricity Control Act 1952 (No. XXXI)

This Act allows the provincial government to control the production, distribution and use of electricity; regulate the rates charged; and impose surcharges (section 3). It applies to the whole province (section 1(2)). The provincial government has the power to enter and inspect premises (section 3) and may delegate any of its powers to any officer or authority (section 4). It enjoys indemnity from prosecution for actions undertaken in good faith (section 8). It is worth noting that although this is a provincial law, it was issued under powers specifically delegated to the provincial authorities under the Government of India Act 1935, which served as the country’s constitution at that time, and under which electricity was a concurrent subject. Although the provisions of this Act overlap with those of the federal Regulation of Generation, Transmission and Distribution of Electric Power Act 1997, which has overriding power, no specific instrument repealing the 1952 Act could be identified.

Sindh Electricity Control Act 1952 (No. XXXI) repeals: Sindh Electricity Control Act 1947 (No. III)

6.8.8 Electricity Act 1910 (No. IX)

Together with the Regulation of Generation, Transmission and Distribution of Electric Power Act 1997, this federal law regulates the supply and use of electricity. Provisions of the 1997 Act override any conflicting provisions in the 1910 Act and all other laws for this sector. Although most powers under the 1910 Act lie with provincial governments, most such provisions are in turn overridden by the 1997 Act.


The 1910 law was amended most recently in 1998 and 1999. The Electricity (Amendment) Ordinance 1998 substantially increases penalties and fines for offences. These punitive measures are, however, aimed at curbing power theft and ensuring the smooth supply of electricity.

Electricity Act 1910 (No. IX) amended and adapted by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Central Adaptation of Laws Order 1964 (President’s Order No. 1) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII) Electricity Act, Amendment (Notification No. EI/I&P/2-32/1/1492/92 dated 29 October 1992, PLD volume XLV–1993, page 27)

Electricity (Amendment) Ordinance 1998 (No. XVII) Electricity (Second Amendment) Ordinance 1999 (No. XV)

also see: Electricity Rules 1937

6.9 TOURISM Provincial tourism laws are more than a quarter century old. Rather than setting provincial standards and guidelines for the development of the industry as a whole, these laws regulate and control specific services in the tourism industry. Although provincial laws fail to take into account the impact on the environment of certain tourist industries, these activities are now governed by the provisions of PEPA 1997, which requires EIAs to be carried out for large-scale tourism projects.


These Regulations, framed under section 33 of PEPA, require tourism projects to undergo a prior environmental assessment. Projects involving the provision of public facilities related to tourism are required to submit an IEE (schedule I, part I). Large-scale tourism development projects, meanwhile, require a prior EIA (schedule II, part H). At the local level, the district law office is responsible for assisting in the implementation of PEPA 1997 (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 8(ii)).

6.9.2 Sindh Tourist Complexes Licensing Rules 1972

These Rules, framed under the West Pakistan Prevention of Gambling (Sindh Amendment) Ordinance 1972, allow the provincial government to grant a maximum of two licences for the establishment of “tourist complexes” in the province, with a gap of two years between the issuing of the first licence and the second one (section 3). The term ‘tourist complex’ is defined in the West Pakistan Prevention of Gambling Ordinance 1961, as amended, to mean “a private building or part thereof used for musical theatrical performances, entertainments and playing of various games for foreigners” (section 3(f)).

6.9.3 Karachi Hotels and Lodging-Houses (Control) Act 1950 (No. LXV)

This federal law, framed at a time when Karachi was the capital of the country, provides for special measures to control the rates that hotels and lodging-houses in the city may charge for accommodation. Its provisions do not apply to government-owned hotels or lodging houses (section 23). The courts may not take action against an offence committed under this Act unless the government-appointed controller makes a written complaint (section 20). In other words, only the


controller is empowered to make a complaint in order for an action to be taken. The provincial government may make rules to carry out the purposes of this Act.

6.9.4 Karachi Hotels and Lodging Houses (Control) Act 1948 (No. XIII)

This Act provides for the appointment of a controller (section 3) to monitor the rates charged in hotels and to oversee other aspects of their operation (sections 4 (1) and 8). Hotel managers violating the provisions of the Act may be punished with imprisonment for up to one year and/or a fine (section 14). Although a relatively more recent law exists on a similar subject, no legal instrument specifically repealing this Act could be identified.

6.10 IMPORT AND EXPORT Since legislation for the import and export sector, including export quality standards, falls under the exclusive jurisdiction of the federal government, there are no provincial laws on the subject. Federal law contains no provisions to discourage the import of goods that damage the environment, or to encourage the import of environmentally friendly products, although statutory orders do specify ceilings on the quantities of certain types of harmful chemicals and compounds, including ozone-depleting substances, that may be imported. There are no provisions requiring data on imported goods that would permit a determination of their potential effect on the environment. A major loophole in regulatory regime concerns endangered species. While the export of species protected under CITES is prohibited, the same restrictions are not placed on the import of endangered species.

6.10.1 Export Policy and Procedures Order 2000 SRO 482(I)/2000 dated 11 July 2000

This Order, issued by the federal government under the Imports and Exports (Control) Act 1950, provides for procedural matters related to exports and contains provisions related to specific items intended for export (section 5, read with schedules I, II and III). Wildlife species listed in CITES Appendix I and II, and “all animals, mammals, reptiles and endemic birds” protected under provincial wildlife laws, may not be exported (section 5(1), read with Schedule I, item 2). The National Council for Conservation of Wildlife (NCCW) is, however, authorised to issue a “no-objection certificate”, permitting such export for the purposes of research or in the case of “trophies from community managed conservation areas” (ibid.). Other items that may not be exported include wood, timber, charcoal and firewood (Schedule I, items 3 and 4). Petroleum and petroleum products may be exported, but only through public-sector agencies (section 5(1), read with Schedule II, item 1). Other items, such as food grains, metals, radioactive materials, equipment used to produce nuclear energy, poppy seeds and wild boars may be exported under specified conditions (section 5(1), read with schedule III, items 1–4, 7, 8, 10 and 13). In all cases, the federal government has the power to relax these restrictions “for reasons to be recorded in writing” (section 6).

Export Policy and Procedures Order 2000 (SRO 482(I)/2000 dated 11 July 2000) repeals: Export Policy Order 1999 Import-Export Procedure Order 1999


6.10.2 Import Trade and Procedure Order 2000 SRO 489(I)/2000 dated 17 July 2000

This Order, issued by the federal government under the Imports and Exports (Control) Act 1950, provides for procedural matters related to imports. Detailed restrictions are imposed on the import of a comprehensive list of items, divided into different categories according to various criteria including the type of substance and the country of origin (section 6, read with Appendix A–H). The import of certain items is banned outright, unless specifically authorised by the government, and these include opium; cannabis extracts and tinctures; “furskins” of any animal other than sheep, rabbit and goat; animal products containing pig, hog, boar or swine parts; and hazardous waste “as defined and classified” in the Basle Convention (section 6(1), read with Appendix A, items 1, 3–5 and 17, and Table A-1, items G and E). Ozone depleting substances are subject to import restrictions specified in the order (section 6(15), read with Appendix H). In addition, the federal government may ban or suspend the import of any goods “in the public interest” (section 7). These restrictions are, however, not absolute since the federal government may “condone” violations of this order “upon payment of a surcharge” or based on other conditions “as may be specified” (section 3(1)). The government may also relax import controls “for reasons to be recorded” and import “any goods” for defence purposes (section 8). The order also prohibits the import of goods from India or of Indian origin, except for 600 specified items (section 6(3), read with Appendix B). Items that may be imported legally from that country include a wide range of metals, metal alloys, dyes, chemicals and chemical compounds, as well as livestock, animal skins, feathers, various tree species and timber, ‘karakul cloth’ (hide of a lamb foetus), whale oil, and unprocessed ivory. Certain imports are subject to specified health and safety requirements (section 6(6), read with Appendix D, Section 1). These include radioactive material, insecticides, pesticides, herbicides and ingredients used in the manufacture of pesticides.

Import Trade and Procedure Order 2000 (SRO 489(I)/2000 dated 17 July 2000) supersedes: Import and Export Procedure Order 1999 Import Policy Order 1999 Import Trade Order 1998


Under PEPA, the import of hazardous waste is prohibited (sections 13). The Federal Agency is empowered to regulate the import and handling of hazardous substances (section 14). Penalties for violations of section 13 may extend to 1 million rupees, and for violations of section 14 to 100,000 rupees (section 17). At the local level, the district law office is responsible for assisting in the implementation of PEPA, and the rules and regulations framed under the 1997 Act (SLGO, sections 14 and 35, read with the First Schedule, parts A and C).

6.10.4 Pakistan Biosafety Rules 2005 SRO (I) 336(I)/2005 dated 21 April 2005

These Rules, framed under section 31 of PEPA, regulate the manufacture, use, import, export and sale of genetically modified organisms (GMOs), whether for commercial use or research purposes (section 2). The National Biosafety Committee, established under section 4, performs a wide range of regulatory functions (section 5). The Committee also reviews applications for the import, export or commercial release of GMOs, and may restrict or prohibit the import, export, sale, purchase or trade


of any “living modified organism causing or likely to cause risk to public health, safety or [the] environment” (sections 5(b) and 5(c)). A licence from the Federal Agency is required to import or export “living modified organisms, substances or cells and products thereof for any purposes” (section 11). “Substances” and products containing GMOs cannot be imported or exported without the approval of the National Biosafety Committee (section 21). The same condition applies to the import or export of foods, additives or ingredients consisting of GMOs (section 22). In addition to these restrictions “special requirements” are in place for the import or export of GMOs (section 17). GMOs are to be identified according to the requirements set out in article 18 of the Cartagena Protocol on Biosafety (2000), “as set forth in the biosafety guidelines”. In addition, all imports and exports are to be carried out in accordance with the National Plant Quarantine Regulations, “aligned with” the International Plant Protection Convention (1961). At the local level, the district law office assists in the implementation of rules and regulations framed under PEPA (SLGO, sections 14 and 35, read with the First Schedule, parts A and C).

6.10.5 Cotton Transport Act 1923 (No. III)

This federal law allows the “appropriate government” to prohibit the import of cotton into “protected areas” except under a licence. The appropriate government is the federal government in the case of transport across customs frontiers as well as inter-provincial trade, and the provincial government in all other cases, such as intra-provincial trade (section 2(h)). Protected areas are defined as areas “into which [the] import of cotton or of any kind of cotton has been prohibited” (section 2(g)). These prohibitions are imposed for the purpose of “maintaining the quality or reputation of the cotton grown in any area in the province” (section 3). The appropriate government prescribes procedures related to the movement of cotton (section 4), and may make rules governing the issuing of transport licences and the import of cotton into a protected area (section 7). Maximum penalties for offences committed under this Act are imprisonment for three months and/or a fine of 5,000 rupees (section 6).

Cotton Transport Act 1923 (No. III) amended and adapted by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Federal Adaptation of Laws Order 1975 (President’s Order No. 4) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

6.11 PHYTOSANITARY AND QUARANTINE Legislation governing this sector serves as the country’s first line of defence against plant, animal and insect alien species, and the potential negative impacts they may cause. Provincial laws pre-date the Convention on Biological Diversity (1992) by nearly half a century and do not provide for the comprehensive regulation of such species.


The SLGO does not provide for quarantine or phytosanitary measures. Under the Ordinance, setting at large an animal infected with rabies or “any other infectious disease” is punishable with an immediate fine of 200 rupees or, in the case of repeat offenders, imprisonment for up to six months and/or a fine of 5,000 rupees (section 141(2)(c), read with the Eighth Schedule, item 7).



These Rules, framed under section 31 of the SLGO, provide for the functioning of district offices. Under the Rules, the grouped district health office is responsible for implementing and monitoring port quarantine measures (section 3(2), read with schedule II, item 6(i)(a)(11)).

6.11.3 West Pakistan Epidemic Diseases Act 1958 (No. XXXVI)

This act, which extends to the whole country except for the federal capital and the “special areas” (section 1(2)), allows the provincial government to take special measures to prevent the spread of “dangerous epidemic disease” (section 2(1)). These powers may be exercised if the government determines other laws in force to be insufficient for the purpose (ibid). Special measures may include but are not restricted to inspecting travellers and segregating persons found to be infected (section 2(2)). Disobeying orders issued under this act are punishable under section 188 of the Pakistan Penal Code (section 3). The law provides indemnity to “any person” for action taken “in good faith” under its provisions (section 4). Although the law is aimed at preventing epidemic diseases in humans, there is nothing in its language to specifically exclude measures to prevent the spread of contagious diseases among wild or domestic animals.

West Pakistan Epidemic Diseases Act 1958 (No. XXXVI) repeals: Epidemic Diseases Act 1897 (No. III) Khairpur State Epidemic Diseases Act 1941 (No. IV) Epidemic Diseases (Punjab Amendment) Act 1944 (No. III)

6.11.4 Sindh Cattle (Contagious Diseases) Act 1948 (No. VIII)

This Act allows the provincial government to declare as an “infected area” any local area where cattle have been exposed to or infected by contagious disease (section 3, read with the Schedule). Diseases specified in the Schedule include rinderpest, black quarter and anthrax. In order to prevent the spread of disease, the provincial government may regulate the inter-provincial trade of cattle, alive or dead, as well as fodder and other materials which may carry infection (section 6(1)(a)). The government sets up “quarantine stations” (section 6(3)) and specifies how long cattle need to be detained there (section 6(4)). It may also order the removal of cattle from certain areas (section 6(1)(b)), and specify the routes by which cattle may be brought into the province or the season in which such trade is permitted (section 6(2)). The maximum penalties specified in this Act amount to three months’ imprisonment (section 20(2)) and a fine of 50 rupees (section 20(1)). The provincial government may make rules (section 23).

Sindh Cattle (Contagious Diseases) Act 1948 (No. VIII) adapted and amended by: West Pakistan (Adaptation and Repeal of Laws) Act 1957 (No. XVI) West Pakistan Laws (Adaptation) Order 1964

also see: Sindh Cattle (Contagious Diseases) Rules 1949



Under the PPC, non-compliance with quarantine rules is a punishable offence (section 271).

6.12 INTRA-PROVINCIAL TRADE Under the Constitution, the province’s powers to regulate inter-provincial trade are severely restricted. Provincial governments may, however, legislate for matters related to trade and commerce within the province. Two of the laws applicable to this sector are West Pakistan laws, adapted for the province of Sindh, while the third dates back to 1947. Provincial legal instruments governing the sector regulate transportation, supply and distribution of wheat, food grains, cotton and other articles considered to be essential, and provide price control mechanisms. Essential articles have been defined to include a variety of goods as well as natural resources such as coal and certain varieties of timber. Foodstuff control laws, meanwhile, allow the government to regulate or prohibit any class of commercial or financial transaction relating to food which in its opinion is or is likely to be detrimental to public interest. These provisions could be used to regulate the sale and use of genetically modified food ingredients.

6.12.1 Sindh Essential Articles (Control) Act 1958 (WP No. XL)

This Act regulates supply, distribution and trade with respect to certain “essential” items, defined in section 2(a) as those articles listed in the Schedule. Classes of goods to which this law applies include newsprint; mechanically propelled vehicles, including those “in completely knocked down condition”; iron, steel and cement; cotton, woollen and rayon textiles; bicycles; tyres and tubes; and coal. The law also deals with offences, including offences committed by corporations or individuals making false statements (sections 8 and 9).

West Pakistan Essential Articles (Control) Act 1958 (No. XL) amended and adapted by: West Pakistan Essential Articles (Control) (Amendment) Ordinance 1960 (No. XXVIII) West Pakistan Essential Articles (Control) (Amendment) Ordinance 1962 (No. XXVII) West Pakistan Essential Articles (Control) (Amendment) Ordinance 1962 (No. XLVI) West Pakistan Essential Articles (Control) (Amendment) Ordinance 1963 (No. XXIX) West Pakistan Laws (Adaptation) Order 1964 West Pakistan Essential Articles (Control) (Amendment) Ordinance 1964 (No. XV) West Pakistan Essential Articles (Control) (Amendment) Ordinance 1966 (No. XXVIII) West Pakistan Essential Articles (Control) (Amendment) Ordinance 1967 (No. X) West Pakistan Essential Articles (Control) (Sindh Amendment) Act 1972 (No. XVI) West Pakistan Essential Articles (Sindh Amendment) Ordinance 1972 (No. XV) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII)

repeals: West Pakistan Essential Articles (Control) Ordinance 1958 (No. XVIII)

repealed elsewhere: Federal Capital (Essential) Supplies Order 1956 by Ordinance XXVII of 1962

also see: West Pakistan Essential Articles (Control) Act 1958, Declaration of certain classes of articles to be essential articles (Notification No. VIII-6-15-61 dated 22 August 1962, PLD volume XIV–1962, page 463)

West Pakistan Coal Control Order 1965 West Pakistan Essential Articles (Control) Act 1958, Declaration of essential articles (Notification No. VIII-2-4/63(i) dated 10 September 1965, PLD volume XVIII–1966, page 36)

West Pakistan Essential Articles (Control) Act 1958, Fertilisers to be essential articles for the purpose of the Act (Notification No. VIII-2-8/66 dated 24 May 1966, PLD volume XVIII–1966, page 236)

West Pakistan Essential Articles (Control) Act 1958, Fertilisers to be essential articles for the purpose of the Act (Notification No. VIII-2-8/66 dated 26 May 1966, PLD volume XVIII–1966, page 259)


6.12.2 Sindh Foodstuffs (Control) Act 1958 (WP No. XX)

This Act regulates trade and commerce in foodstuffs as well as their supply and distribution. Foodstuffs are defined to include wheat, semolina products, rice, sugar and other commodities that the government may declare to be foodstuffs for the purposes of this Act (section 2(a)). The government has the power to regulate stockpiling, storage, movement, transport, supply, distribution, disposal, acquisition, consumption, trade and commerce (section 3(1)). The restrictions are meant to ensure supply, equitable distribution and availability at a fair price. Regulation is carried out by means of licences and permits, as well as through price control and prohibitions on hoarding (section 3(2)). The government also has the power to regulate or prohibit commercial and financial transactions related to food items that are or are likely to be “detrimental to [the] public interest” (section 3(f)). The government may enter and search premises, vehicles, vessels and aircraft, and seize goods in cases where it is suspected that the provisions of this law are being contravened. It may delegate its powers to an officer or authority (section 4). Under the provisions of the SLGO, enforcement of this law is the responsibility of the district or city district government (SLGO, section 141(6), read with the Tenth Schedule, item 1).

West Pakistan Foodstuffs (Control) Act 1958 (No. XX) adapted and amended by: West Pakistan Foodstuffs (Control) (Amendment) Ordinance 1963 (No. VIII) West Pakistan Foodstuffs (Control) (Sindh Amendment) Act 1973 (No. V) West Pakistan Foodstuffs (Control) (Sindh Amendment) Act 1974 (No. I) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII)

repeals: Bahawalpur Foodgrains Control Act 1947 Bahawalpur Control of Essential Supplies Commodities Act 1948 West Pakistan Foodstuffs (Control) Ordinance 1957

repealed elsewhere: West Pakistan Foodstuffs (Control) (Sindh Amendment) Ordinance 1973 (No. IX) by Act V of 1973 West Pakistan Foodstuffs (Control) (Sindh Second Amendment) Ordinance 1973 by Act I of 1974

also see: Foodstuffs (Futures and Options Prohibition) Order 1958 West Pakistan Paddy and Rice (Control) Order 1958 Sugarcane Control Order 1961 West Pakistan Paddy and Rice (Control) Order 1964 Sindh Paddy and Rice (Control) Order 1973

6.12.3 Sindh Essential Commodities (Control) Act 1947 (No. IX)

This Act allows the government to control the production, supply and distribution of specified commodities deemed to be “essential”, and to regulate trade in these items (section 3). Regulation is carried out by means of licensing and price control as well as other measures such as restrictions on sales and transport. Essential commodities are defined under this Act to include charcoal, firewood, and deodar (cedar, Cedrus deodara) (section 2(a)). Although more recent laws, including federal statutes, are in force to control trade in essential commodities, no legal instrument specifically repealing this Act could be identified.

Sindh Essential Commodities (Control) Act 1947 (No. IX) amended and adapted by: Sindh Essential Commodities (Control) (Amendment) Act 1947 (No. XLVIII) Sindh Essential Commodities (Control) (Second Amendment) Ordinance 1947 (No. VII) Sindh Laws (Adaptation, Revision, Repeal and Declaration) Ordinance 1955 (No. V)

repeals: Sindh Essential Commodities (Control) Ordinance 1946 (No. IV)


6.13 RESEARCH INSTITUTIONS Universities in the province of Sindh offer courses and degrees at various levels in subjects such as environmental engineering, marine biology, natural resource management and the control of hazardous waste. Not all such courses of study are available at all institutions across the province. Certain areas of research, such as environmental law, are restricted to a single introductory-level course offered in one institution.

6.13.1 Federal Urdu University of Arts, Sciences and Technology, Islamabad Ordinance 2002 (No. CXIX)

This Ordinance provides for the establishment and functioning of the Federal Urdu University, which maintains a campus in Karachi. The University offers Bachelors and Masters programmes in the environmental sciences, as well as a Masters of Philosophy leading to a doctorate in the subject.


Among the functions that PEPA assigns to the Federal Agency is the responsibility to set up systems to conduct and promote research into pollution prevention and control (section 6(1)(i)).

6.13.3 Quaid-e-Awam University of Engineering Science Technology, Nawabshah Act 1996 (No. XIX)

The Quaid-e-Awam University, established under this Act, offers a Bachelors programme in “energy and environment engineering”.

6.13.4 Sir Syed University of Engineering and Technology Act 1995 (No. X)

This Act provides for the establishment and functioning of the Sir Syed University, which conducts a Masters programme in environmental management sciences. Courses offered include subjects such as environmental management, the control of airborne and noise contaminants, hazardous waste management, sustainable development, ecology and natural resource management, and the marine and estuarine environment.

6.13.5 Hamdard University Karachi Act 1991 (No. VI)

The Hamdard University, established under this Act, offers an introductory course on environmental law.

6.13.6 Aga Khan University Order 1983

This Order provides for the establishment of the Aga Khan University. The University’s Institute for Educational Development has offered courses in environmental education.

Aga Khan University Order 1983 amended by: Aga Khan University (Amendment) Order 2002


6.13.7 Mehran University of Engineering and Technology Act 1977 (No. IV)

The Mehran Engineering and Technology University, established under this Act, offers courses in environmental engineering.

Mehran University of Engineering and Technology Act 1977 (No. IV) amended by: Mehran University of Engineering and Technology (Amendment) Ordinance 1980 (No. IX) Mehran University of Engineering and Technology (Amendment) Ordinance 1984 (No. LVII) Mehran Engineering and Technology University (Amendment) Act 1986 (No. VII)

repeals: Mehran Engineering and Technology University Ordinance 1977 (No. IV)

6.13.8 Nadirshaw Edulji Dinshaw University of Engineering and Technology Act 1977 (No. III)

This Act provides for the establishment and functioning of the Nadirshaw Edulji Dinshaw University, which operates a department of environmental engineering that confers Masters degrees by coursework or research. Courses offered include subjects such as water quality, water pollution, air quality, solid waste management, marine pollution, environmental health and sustainable development. The department operates laboratories that are equipped to monitor and analyse drinking water, wastewater and natural freshwater resources; air quality, noise and radiation; and solid waste and toxic waste.

Nadirshaw Edulji Dinshaw University of Engineering and Technology Act 1977 (No. III) amended by: NED University of Engineering and Technology (Amendment) Ordinance 1984 (No. LIX) NED University of Engineering and Technology (Amendment) Act 1986 (No. VIII)

repeals: Nadirshaw Edulji Dinshaw Engineering and Technology University Ordinance 1977 (No. III)

6.13.9 Sindh Agriculture University Act 1977 (No. V)

This Act provides for the establishment of an agricultural university which conducts research in a number of areas such as agricultural science, agricultural engineering, veterinary science, animal husbandry, forestry, fisheries and rural development (section 4). The law provides for the operations of the university, including the establishment of academic departments, appointing faculty, conducting examinations and awarding degrees.

Sindh Agriculture University Act 1977 (No. V) amended by: Sindh Agriculture University (Amendment) Ordinance 1984 (No. LVIII) Sindh Agriculture University (Amendment) Act 1986 (No. IX)

repeals: Sindh Agriculture University Ordinance 1977 (No. V)

repealed elsewhere: Sindh Agriculture University (Amendment) Ordinance 1986 (No. IV) by Act IX of 1986


6.13.10 University of Karachi Act 1972 (No. XXV)

This Act provides for the reconstitution and functioning of the Karachi University, which was established in 1950. The University operates an Institute of Marine Science and a Centre of Excellence in Marine Biology.

University of Karachi Act 1972 (No. XXV) amended by: Sindh Repealing and Amending Act 1975 (No. XVII) University of Karachi (Amendment) Ordinance 1984 (No. LVI)

repeals: University of Karachi Ordinance 1962 (No. V) University of Karachi Ordinance 1972 (No. XVII)

6.13.11 University of Sindh Ordinance 1972 (No. XVI)

This Ordinance provides for the reconstitution and functioning of the University of Sindh, established under the University of Sindh Act 1947 (No. XVII), and subsequently reorganised in the 1960s and 1970s. The University operates a faculty of natural sciences, a centre for environmental sciences, and departments of freshwater biology, fisheries and zoology.

University of Sindh Ordinance 1972 (No. XVI) amended by: University of Sindh (Amendment) Ordinance 1988 (No. V)

also see Sindh University Act 1947 (No. XVII) Sindh University (Amendment) Act 1951 (No. XIV) Sindh Universities (Amendment) Ordinance 1976 (No. IV) Sindh University Laws (Amendment) Ordinance 1980 (No. XVIII) Sindh University Laws (Amendment) Ordinance 1981 (No. VII) Sindh Universities Laws (Amendment) Ordinance 1982 (No. II)

6.14 DRUGS, PHARMACEUTICALS Although provincial governments share jurisdiction to legislate on matters related to drugs and pharmaceuticals, the sector is regulated primarily through federal law.

6.14.1 Drugs Act 1976 (No. XXXI)

Under this federal Act, the federal government enjoys wide-ranging powers to regulate the import, export, manufacture and distribution of pharmaceutical drugs. For the purposes of this law, drugs are defined to include substances used for the “destruction or repulsion” of vermin, insects, rodents and “other organisms” that cause, carry or transmit disease “in human beings or animals”, as well as pesticides that may pose a public “health hazard” (section 3(g)(iii) and 3(g)(iv)). Although the law is federal, provincial governments are assigned specific responsibilities. Provincial governments are responsible for regulating the sale of drugs (section 6). They are required to set up a quality control board (section 11) and a drug testing laboratory (section 15). Provincial governments may appoint analysts (section 16) and inspectors (section 17), set up provincial drugs courts (section 31), and constitute a provincial appellate authority (section 9-A). While the federal government is responsible for matters related to the registration of drugs, the provinces are to ensure compliance in such matters (section 7). The federal government may issue directions to provincial governments regarding other matters (section 13), and delegate to the


provinces any or all of its powers (section 44-A(1)). Provinces may in turn sub-delegate their powers (section 44-A(2)). Exemptions under the law may only be granted by the federal government (section 36) but both the federal and provincial governments may frame rules to govern various aspects of drugs regulation (sections 43 and 44).

Drugs Act 1976 (No. XXXI) amended by: Drugs (Second Amendment) Act 1996 Drugs (Amendment) Ordinance 1998 (No. XXII)

repeals: Drugs Act 1940 (No. XXII) Drugs (Generic Names) Act 1972 (No. XXIV) Drugs Ordinance 1976 (No. IV)

6.14.2 Sindh Drugs Rules 1979

These provincial Rules, framed under the federal Drugs Act 1976, deal with procedural matters related to licences (sections 11–19). The Rules also specify procedures in cases where offences are to be prosecuted (section 3), and when drugs and other materials are seized by inspectors (section 6).

Sindh Drugs Rules 1979 amended by: Sindh Drugs Rules, Amendments (Notification No. PCS.101/89 dated 10 May 1990, PLD volume XLII–1990, page 39)

6.15 OTHER LEGAL INSTRUMENTS The subjects reviewed in this section potentially affect natural resource management but do not fall into any of the categories mentioned above.


Under the SLGO, district governments are responsible for environmental protection and the control of pollution. In city districts, the zila council approves plans for “environment control” and “ecological balances [sic]”, and oversees the implementation of rules and by-laws on “environment” (sections 40(a) and 40(b)). At the district level, the taluka administration is permitted to grant exemptions from local by-laws as long as these exemptions are not related to “matters concerning environmental protection” (section 54 (1)). Union nazims are required to submit to the relevant authorities reports on a number of matters including “environmental and health hazards” (section 80(f)(iii)). Local councils may frame by-laws governing the “prevention of air, water, noise, and soil pollution” and the “pollution of air, water or soil” (sections 191(2) and 192(2), read with the Fifth Schedule, part II, items 25 and 41). The provincial government, for its part, may “provide guidelines and render advice” to district governments in order to promote “environmental security” (section 127(3)). Indeed, the subject of “environment” has been decentralised and is to be administered by the district law office (sections 14 and 35, read with the First Schedule, parts A and C), which is responsible for assisting in the implementation of PEPA 1997 and the rules and regulations framed under the 1997 Act. In city districts, moreover, the provincial government may set up a district municipal office for “integrated development and management” of a number of sectors, one of which is environmental control and includes the “control of air, water, and soil pollution in accordance with federal and provincial laws and standards” (sections 14 and 35, read with the First Schedule, part D).


Despite awarding local governments these wide-ranging responsibilities, the SLGO neglects to provide a specific definition for the term ‘environment’, which appears only in the context of municipal services (section 2(xxii)). While PEPA defines the term in its broadest sense, to include the management of biological and other natural resources as well as the control of pollution and hazardous materials (PEPA section 2(x)), for the purposes of the SLGO the application of the term appears to be somewhat narrower. The general powers of local governments are spelled out in the Sixth Schedule to the Ordinance where, under the heading of environmental protection, a single item, “environmental pollution”, is listed (section 195, read with the Sixth Schedule, item 48). Specific powers mentioned here are related to air and water pollution, and the pollution of “land”. Elsewhere in the same Schedule, local governments may require builders to make provisions for “matters affecting the […] environmental aspects of the buildings and its relationship to the surrounding buildings or areas [sic]” (Sixth Schedule, item 27(1)(j)). There is, however, nothing in the text of the SLGO to exclude application of PEPA’s broader definition. The SLGO fails to provide for taxes to be levied for the purpose of environmental protection (see the Second Schedule). Certain environmentally harmful activities are, however, mentioned in the detailed Schedule of offences but do not carry penalties severe enough to serve as an effective deterrent. Discharging industrial, commercial or other waste, dangerous chemicals, and hazardous or “offensive” materials into drains and water bodies or onto public land is an offence punishable with a maximum penalty of three years’ imprisonment and/or a fine of 15,000 rupees, in addition to a fine of 1,000 rupees for each day that the offence continues to be committed (section 141(2)(a), read with the Fourth Schedule, part I, items 8, 9, 21 and 25). Similar penalties apply for the unauthorised manufacture and sale of explosive materials or “any dangerous chemical, inflammable, hazardous or offensive article or material” (Fourth Schedule, part I, item 19). Other offences under the SLGO, which are subject to an immediate fine but may also incur imprisonment for up to six months and/or a fine of 5,000 rupees in the case of a repeated offence, cover a wide range of matters concerning public health and safety (section 141(2)(c), read with the Eighth Schedule, items 5, 24, 25 and 29). Offences related to the “physical environment” are also framed in the context of public health. “Damaging or polluting” the environment in a manner that endangers public health invites a fine of 2,000 rupees in the case of public premises and 500 rupees for private premises, with higher fines and/or imprisonment for repeat offenders (Eighth Schedule, item 26).


These Rules, framed under section 31 of the SLGO, provide for the functioning of the district government. At the local level, the district law office is responsible for assisting the Sindh EPA in discharging its functions under PEPA 1997 (section 3(2), read with schedule II, item 8(ii)(a)). The law office is required to ensure that “environmental protection and preservation measures” are implemented in “all development projects” throughout the district, and it assists those setting up new projects to submit EIAs (item 8(ii)(d)). It monitors projects financed through the provincial sustainable development fund (item 8(ii)(i)) and submits regular progress reports to the Sindh EPA. The law office may request environmental magistrates or an environmental tribunal to take cognizance of offences under PEPA 1997. The law office encourages the formation and functioning of non-government organisations that promote sustainable development or work to combat pollution (item 8(ii)(h)). It provides “information and guidance” on environmental matters (item 8(ii)(g)) and is required to “sensitise” government agencies on such issues (item 8(ii)(e)). It also identifies “needs for legislation” in environmental matters (item 8(ii)(f)). Other responsibilities of the law office include monitoring motor vehicle emissions subject to the provisions of PEPA 1997 (item 8(ii)(c)), as well as advocacy (item 8(ii)(m)) and awareness raising (item 8(ii)(l)). The Sindh EPA may assign additional tasks to the law office (item 8(ii)(n)).



The purpose of this federal law is to protect and improve the environment, and to promote sustainable development by preventing and controlling pollution. At the local level, the district law office is responsible for assisting in the implementation of PEPA 1997 (SLGO, sections 14 and 35, read with the First Schedule, parts A and C). PEPA defines the term ‘environment’ to include natural resources but does not mention them specifically. Among its provisions, however, are several that are potentially significant for natural resource conservation and management, in particular the requirement for IEEs and EIAs. The law establishes the Pakistan Environmental Protection Council (section 3), as well as environmental protection agencies at the federal and provincial level (sections 5 and 8). It provides for the creation of environmental tribunals (section 20) and allows provincial high courts to designate environmental magistrates (section 24). None of these institutions or offices has any direct responsibility for natural resource management, although each has varying roles in assuring air and water quality. Discharges or emissions in excess of the NEQS or other standards established under PEPA are prohibited (section 11(1)). The federal government may levy a pollution charge on parties found to be violating the NEQS (section 11(2)). Under the law, the handling of hazardous substances requires a licence (section 14). PEPA requires that an environmental assessment is carried out for new projects (section 12), defined comprehensively to include all major activities that may have an impact on the environment (section 2(xxxv)). The type of environmental clearance required for various projects is specified in the IEE/EIA Regulations 2000. Provincial sustainable development funds are to be established to provide financial assistance to suitable projects (section 9). Meanwhile, the Federal Agency may issue an environmental protection order to prevent an actual or potential adverse environmental effect (section 16). Offences related to littering, waste disposal, pollution by motor vehicles, and the violation of rules and regulations are to be tried by environmental magistrates (section 24). More serious offences are to be tried by environmental tribunals, to be constituted under section 20. Government agencies and local bodies may be held accountable for environmental offences (section 19). Most provisions of PEPA are operationalised by means of rules and regulations. To date, the federal government has issued a number of rules and regulations, some of which indirectly affect natural resources.

Pakistan Environmental Protection Act 1997 (No. XXXIV) repeals: Pakistan Environmental Protection Ordinance 1983 (No. XXXVII)

6.15.4 Pakistan Biosafety Rules 2005 SRO (I) 336(I)/2005 dated 21 April 2005

These Rules, framed under section 31 of PEPA 1997, regulate the manufacture, use, import, export and sale of GMOs for commercial use and research purposes (section 2). The National Biosafety Committee, established under section 4, performs a wide range of regulatory functions. These include establishing standards and procedures for the labelling of GMOs, ensuring compliance with national biosafety guidelines, certifying laboratories, and carrying out inspections of research facilities (section 5). The Committee has the power to restrict or prohibit the import, export, sale, purchase or trade in any “living modified organism” that poses or may pose a threat to “public health, safety or [the] environment” (section 5(c)). It is also required to inform institutions engaged in


“genetic manipulation work” about developments in the field of biosafety in order to avoid exposing “laboratory personnel, the community or the environment to undue risks” (section 5(l)). The Rules provide for the establishment of a Technical Advisory Committee (section 6) to “review and control” biosafety measures adopted in large-scale research institutions and industrial facilities, and to provide technical feedback and guidance to both the Biosafety Committee as well as commercial and research institutions (section 7). The Advisory Committee monitors the release of GMOs into the environment, and oversees field applications and experimental field trials (section 7(d)). It may prepare an emergency plan to handle a “major accident” but is not required to do so (section 24). Responsibility for reporting accidents “which may be harmful to the environment, nature or health or involve any danger thereto” lies with the institutions and individuals involved, whether or not their operations are licensed (section 23). How such a requirement is to be enforced, particularly in the case of unlicensed or illegal activities, is not specified. The “release” of GMOs, whether deliberate or unintentional, is not permitted under the Rules (section 20(1)). This protection clause is, however, weakened by the fact that the Biosafety Committee is allowed to grant exemptions in “special cases” (section 20(2)). Nor are field trials explicitly prohibited (section 13(2)). Under the Rules, institutions working in the field of biotechnology are required to set up biosafety committees (section 8) and appoint biosafety officers (section 10). Institutional committees perform a wide range of supervisory and advisory functions including risk assessment, the preparation of emergency response plans, and measures for the “appropriate” storage and movement of “regulated material” and “waste” (section 9). Risk assessment and field trials are to be carried out in accordance with the Cartagena Protocol on Biosafety (2000) and Pakistan’s National Biosafety Guidelines (section 13). The same requirements apply to the import and export of GMOs (section 17). The import, export, sale, purchase or trade of GMOs can only be carried out with a licence from the Federal Agency (section 11). But “production” activities involving GMOs, including “development, testing and experiments”, require the “consent” of the Biosafety Committee (section 19). Similarly, food prepared from GMOs and ingredients or additives containing GMOs may be produced, sold, imported or used with the “approval” of the Biosafety Committee (section 22). Licences, approved by the Federal Agency, are issued for a maximum of four years and may subsequently be renewed for two years at a time (section 15(2)). Licences may be cancelled in cases where new information becomes available about the “harmful effects” of the GMOs in question, or where such GMOs cause damage to “the environment, nature or health” that could not have been foreseen at the time that the licence was issued (ibid.).

6.15.5 Provincial Sustainable Development Fund (Utilization) Rules 2003 SRO 460(I)/2003 dated 29 May 2003

These Rules, issued under section 31 of PEPA 1997, provide for matters related to the utilisation of moneys from the Provincial Sustainable Development Fund, to be established in each province according to section 9 of PEPA 1997. The Fund consists of grants or loans from the federal government, aid and donations from foreign governments and national or international donors, and contributions from private-sector organisations. Procedures are specified in the Rules for the filing and appraisal of project proposals (sections 3 and 4), and for procedures to be followed once financial assistance has been sanctioned (section 7). Criteria are also specified for projects that are eligible for funding (section 5). Projects should be designed to make a significant contribution to the prevention of pollution, the promotion of sustainable development or environmental protection (section 5(1)(a)). In sanctioning assistance, priority is given to specified types of projects including those designed to mitigate the adverse environmental effects of industrial units (section 5(1)(d)(i)), and projects designed to build public awareness concerning


environmental rights and obligations (section 5(1)(d)(iv)). All projects financed from the Fund are monitored by the government (section 8).

6.15.6 Environmental Samples Rules 2001 SRO 527(1)/2001 dated March 2001

These Rules, framed under PEPA, allow authorised officers to enter and inspect premises (section 4) in order to take samples of effluents or emissions (section 7(1)). Procedures for taking, storing and transporting samples are described.

6.15.7 National Environmental Quality Standards (Self-Monitoring and Reporting by Industry) Rules 2001 SRO 528(1)/2001 dated April 2001

These Rules, framed under PEPA, place certain obligations on industry to monitor and report to the Federal Agency emissions, effluents discharged and other data sets.

6.15.8 Pollution Charge for Industry (Calculation and Collection) Rules 2001 SRO (1)/2001 dated 01 July 2001

These Rules, framed under PEPA, prescribe the method for calculating and collecting levies that may be imposed in the form of an industrial pollution charge. In the process of determining the pollution level of an industrial unit, inspection teams must include not more than two representatives each drawn from any two of the authorised non-government organisations listed in Schedule II (section 5).

6.15.9 Provincial Sustainable Development Fund Board (Procedure) Rules 2001 SRO 526(1)/2001 dated 18 July 2001

These Rules, framed under section 31 of PEPA, provide procedures for the operation of a Sustainable Development Fund and the establishment of a Sustainable Development Board.

6.15.10 National Environmental Quality Standards (Certification of Environmental Laboratories) Regulations 2000 SRO 258(1)/2000 dated 10 February 2000

These Regulations, framed under PEPA, prescribe procedures for the certification of laboratories where tests may be conducted on soil, air, water and other samples.


These Regulations, issued under section 33 of PEPA 1997, are to be read with PEPA section 12. They contain detailed procedures that must be followed in the IEE/EIA process, such as conducting public hearings, issuing notices, recording decisions and accepting or rejecting an EIA/IEE. Section 5(a) requires that an EIA is carried out for any project likely to cause an “adverse environmental effect”. Schedule I to the Regulations sets out the types of small-scale projects that require an IEE. These include the designation of “environmentally sensitive areas”; urban development operations including


water supply and treatment installations, and waste disposal facilities; the establishment of specified types of farms; commercial mineral extraction projects; industries, and manufacturing and processing activities; highway construction projects; and hydel, water management and dams. Schedule II specifies the types of large-scale projects that require an EIA. These include urban development projects; mining, smelting and processing operations; industries, and manufacturing and processing activities; highway construction projects; airports and railway installations; hydel, water management and dams; and tourism development projects. The Regulations provide for the monitoring of projects after completion. Section 18 requires owners to submit an annual report to the Federal Agency. This report must summarise operational performance with an emphasis on adequate maintenance and measures to mitigate adverse effects on the environment. The Federal Agency is authorised to cancel the approval of any project at any time on the basis of such reports or its own investigations, if it is found that conditions of approval have been violated or false information provided (section 19).

6.15.12 Environmental Tribunal Rules 1999 SRO (1)/2001 dated 10 March 2000

These Rules, issued under section 33 of PEPA 1997, allow for the establishment and functioning of environmental tribunals. The Rules provide for procedural and operational matters including the qualifications of tribunal members (section 4). Proceedings of the Tribunal are open to the public, except in certain specified matters (section 18). Tribunals are required to make “every effort” to dispose of cases with a 60-day period (section 16).

Environmental Tribunal Rules 1999 (SRO (1)/2001 dated 10 March 2000) also see: SRO (1)/89 dated 2 June 1999 — tribunals established in Lahore (covering the Punjab, NWFP and Islamabad Capital) and Karachi (for Sindh and Balochistan)

Notification No. F.22(1)/97-A.III(A) dated 2 June 1999 — chairpersons appointed for Lahore and Karachi tribunals

6.15.13 National Environmental Quality Standards SRO 742(I)/93 dated 29 August 1993

This Order was issued under the Pakistan Environmental Protection Ordinance 1983. Although PEPA 1997 repeals the 1983 Ordinance, these standards remain in force. The NEQS specify maximum limits for municipal and liquid industrial effluent (section 2, read with Annex I), industrial gaseous emissions (section 2, read with Annex II), and exhaust and noise pollution from motor vehicles (section 2, read with Annex I). These standards have been revised and amended from time to time, and substantively so in the year 2000.

National Environmental Quality Standards (SRO 742(I)/93 dated 29 August 1993) amended by: SRO 1023(I)/95 dated 16 Oct 1995 SRO 549(I)/2000 dated 8 August 2000

6.15.14 Sindh Cultural Heritage (Preservation) Act 1994 (No. XII)

This Act allows the government to declare “any premises of historical, cultural or architectural value” to be protected heritage (section 6(1)). For the purposes of this Act, protected heritage is defined broadly to include “any premises or objects of archaeological, architectural, historical, cultural or national value” as well as land that is “externally appurtenant” to such sites (section 2(vi)).


The Act also provides for the establishment of an Advisory Committee (section 3), which assists the government in assessing heritage sites (section 4), may act to preserve such premises (section 5), and may assume custodianship of protected heritage (section 7). The Committee may also issue an order to prevent heritage from being destroyed, removed, altered, defaced or imperilled, and to prohibit construction from taking place near the site (section 10). The government has the power to compulsorily acquire protected heritage that is in danger of being destroyed, and such acquisition is carried out as a “public purpose” under the Land Acquisition Act 1894 (section 12). Public rights to access protected heritage are subject to rules that may be framed by the government (section 17). Maximum penalties under this Act, for destroying, removing, injuring, altering or defacing protected heritage extend to three years’ imprisonment and/or a fine of 100,000 rupees (section 18). The provisions of this Act have overriding effect (section 19). The government may make rules Act (section 20). The government and the Committee enjoy indemnity from prosecution for action taken in good faith under this Act.


This federal Act establishes an Authority responsible for the planning, development and management of Port Qasim. The Authority is charged with preparing a master plan for the port area (section 10), and may call upon government agencies and local bodies to prepare and execute schemes in the port area related to matters over which these agencies ordinarily hold authority (section 11(2)). Among other activities, such schemes may provide for the utilisation of “natural resources” (section 11(2)(f)), as well as environmental control and pollution prevention (section 11(2)(j)). Exploitation and utilisation of natural resources as building materials within the port area, for purposes other than personal use, requires prior authorisation from the Authority (section 33). The Authority may seek the advice and assistance of government agencies and local bodies in the planning and execution of schemes, and bears the cost of any “additional expenditure” incurred in the process (section 13(2)(i)). It may require government agencies and local bodies to take over and maintain works and services in the port area (section 31(1)(b)), or enforce regulations on behalf of the Authority (section 31(1)(c)). Expenses incurred in such cases are to be decided by agreement between the Authority and the concerned agency or local body (section 31(2)). Penalties under the Act extend to six months’ imprisonment (section 58) and/or a fine of 2,000 rupees.

6.15.16 Sindh Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance 1965 (WP No. II)

This Ordinance aims to control noise pollution. It places express prohibitions on the use of loudspeakers in certain instances and qualified restrictions in others. Restrictions are placed on the use of loudspeakers and amplifiers in the following areas: near a place of worship during prayer times; and in the vicinity of hospitals, educational institutions, offices, courts or public institutions (section 2(1)). In such areas, loudspeakers may not be used in a manner that is likely to disturb the working or use of such places, or in a manner that causes “annoyance or injury” to residents of an area. The Ordinance allows the use of loudspeakers and amplifiers for the purposes of the azaan (call to prayer) and khutba (sermon) in a “moderate tone” (section 2(2)) but the term has not been defined.


Under the provisions of the SLGO, the district or city district government is responsible for the enforcement of this law (SLGO, section 141(6), read with the Tenth Schedule, item 4) while local councils may frame by-laws to prevent noise pollution (SLGO, sections 191(2) and 192(2), read with the Fifth Schedule, part II , item 24).

West Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance 1965 (No. II) adapted by: Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII)

repeals: West Pakistan Regulation of Loudspeakers and Sound Amplifiers Ordinance 1964 (No. XIII)

6.15.17 Sindh Pure Food Ordinance 1960 (WP No. VII)

This Ordinance regulates the manufacture, packaging, labelling and sale of food items. Food is defined as “any article used as food or drink” for human or animal consumption (section 2(g)) including substances intended for use in the “composition or preparation” of food (section 2(g)(i)). The general provisions of this Ordinance govern matters related to food purity (section 4) and the analysis of food samples (sections 14–22). Health officials and inspectors may act to prevent food poisoning (section 13(1)). Specific regulation for a number of matters, such as the import of food items (section 8), is to be carried out by means of rules. The Ordinance prohibits the preparation, manufacture and sale of any food that is “unsound, unwholesome, injurious to health or unfit for human consumption” (section 5). Similarly, preparing or selling food that is “not of the nature, substance or quality which it purports or is represented to be” (section 6(b)) is prohibited. The government may appoint inspectors (section 16) who may inspect shipments suspected to contain food that may be “injurious to health, unwholesome or unfit for human consumption or […] not of the same nature, substance or quality which it purports to be” (section 17(1)). Maximum penalties under this Ordinance, as amended, are rigorous imprisonment for a term of seven years (section 23). Since this law was framed decades before the advent of GMO technology, its provisions do not directly address the issue of GMO foods. The general prohibitions specified in sections 5 and 6 may, however, be interpreted broadly to apply to GMO products. Relatively recent amendments have been made to accommodate modern trends in health; the 1995 amendment allows iodine to be added to salt. The government may delegate its powers (section 36), and frame rules to govern procedural and operational issues (section 37), including rules prohibiting the use of “any particular matters or ingredients” (section 37(2)(e)). The law provides immunity from prosecution for action taken “in good faith” (section 33). This law is to be enforced at the local level. Within their respective jurisdictions, local authorities must ensure that “all articles of food and drink are sold in a pure and genuine state” (section 15). Under the provisions of the SLGO, the district or city district government is responsible for the enforcement of this law (SLGO, section 141(6), read with the Tenth Schedule, item 2).

West Pakistan Pure Food Ordinance 1960 (No. VII) adapted and amended by: West Pakistan Pure Food (Amendment) Act 1963 (No. II) West Pakistan Pure Food (Amendment) Act 1965 (No. V) West Pakistan Pure Food (Sindh Amendment) Ordinance 1973 (No. VIII) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII) Sindh Pure Food (Amendment) Act 1995 (No. IV) Sindh Laws (Amendment) Ordinance 2001 (No. XXXVI)

repeals: Punjab Pure Food Act 1929 (No. VIII) Punjab Pure Food Act 1929, in application to the NWFP


Bahawalpur State Pure Food Act 1946 Sindh Foods Act 1947 (No. XLII) Khairpur Prevention of Adulteration Act 1941 North West Frontier Province Artificial Ghee Colourisation Act 1939 (No. XII)

also see: West Pakistan Pure Food Rules 1963 West Pakistan Pure Food Rules 1965

6.15.18 Sindh National Calamities (Prevention and Relief) Act 1958 (WP No. XXXIII)

This law allows the government to take action in areas affected or threatened by natural disasters. The term ‘calamity’ is not defined specifically but applies to floods, hailstorms, fire, infestations and epidemics as well as “any other calamity which, in the opinion of [the] government warrants action” (section 3). Government operations in a calamity-affected area are carried out by a provincial relief commissioner who is appointed (section 3-A) and awarded wide powers (sections 4 and 5) under this Act. The relief commissioner may act not only to maintain order and provide relief to victims but also to “prevent, check or control the calamity or reduce the extent and severity thereof” (section 4(1)). Besides evacuating the population, conscripting labour, and requisitioning supplies and building materials, the relief commissioner may requisition or acquire land in a calamity-affected area (section 4(2)). These powers may be delegated to a government officer (section 7). The relief commissioner’s orders are subject to revision by the provincial government (section 8) but orders issued under this Act may not be questioned in the courts (section 10). The government may make rules for a wide range of matters including procedures for issuing an “alarm of an impending calamity” (section 11(2)(a)), measures and precautions to prevent calamities (section 11(2)(c)), and information gathering with regard to floods and “any other impending calamity” (section 11(2)(b)). At the local level, the district revenue office performs various functions related to “relief” including taking preventive measures against floods and rain, distributing relief goods and funds, and exercising powers delegated under the 1958 Act after an area has been declared calamity-affected (Sindh District Government (Conduct of Business) Rules 2001, section 3(2), read with schedule II, item 11(i)(D)). The revenue office may make recommendations for areas to be declared as calamity-affected (ibid). Among its other functions, the land revenue and estate office also exercises delegated powers under the Sindh Natural Calamities (Prevention and Relief) Act 1958.

West Pakistan National Calamities (Prevention and Relief) Act 1958 (No. XXXIII) adapted and amended by: West Pakistan National Calamities (Prevention and Relief) (Amendment) Ordinance 1985 (No. XVII) West Pakistan National Calamities (Prevention and Relief) (Amendment) Ordinance 1959 (No. XLVII) West Pakistan National Calamities (Prevention and Relief) (Amendment) Act 1964 (No. X) Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII) Sindh National Calamities (Amendment) Ordinance 1984 (No. V)

repeals: Punjab National Calamities (Prevention and Relief) Act 1951 (No. III) Khairpur National Calamities (Prevention and Relief) Act 1954 West Pakistan National Calamities (Prevention and Relief) Ordinance 1956 (No. XI)

also see: West Pakistan National Calamities (Prevention and Relief) Rules 1969

6.15.19 West Pakistan National Calamities (Prevention and Relief) Rules 1969

These rules, issued under the West Pakistan National Calamities (Prevention and Relief) Act 1958, provide for operational matters related to emergency measures taken under the 1958 Act. The rules require that a flood protection scheme is prepared for every district “normally affected by floods” (section 7), and that “places of safety” are notified (section 9). They spell out the powers of relief


commissioners and other officials (sections 3–5), and contain procedures related to flood warnings (section 10) and damage assessment (section 11). In cases where land has been acquired under section 4(2) of the 1958 Act, the rules stipulate that compensation is to be paid according to the market value of the land (section 12(1)) and in accordance with the Land Acquisition Act 1894 (section 12(2)).

6.15.20 Public Health (Emergency Provisions) Ordinance 1944 (No. XXI)

This federal Ordinance deals with emergencies during which urgent measures are required to protect public health or prevent the spread of infectious disease. The appropriate government—the federal government in relation to port authorities, the federal government or cantonment local government in relation to cantonments, and the provincial government for all other authorities (section 2(a))—may order a local authority to take the necessary measures to protect public health (section 3). The law also empowers the appropriate government to direct a local authority to supply water to any area during an emergency (section 7). The appropriate government may make rules, by-laws and regulations (sections 10 and 11), and issue “directions” in order to carry out the purposes of this Ordinance (section 8). The law deals primarily with administrative rather than substantive issues.

Public Health (Emergency Provisions) Ordinance 1944 (No. XXI) amended and adapted by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Sindh Adaptation of Laws Order 1975

6.15.21 Sindh Smoke-Nuisances Act 1912 (No. VII)

This Act allows the government to prohibit the construction of furnaces and kilns in “any specified area” (section 7). It also allows the government to control “excessive emissions” by specifying the density and altitude of smoke that may be emitted, and the duration for which smoke may be emitted (section 9). These provisions apply to all types of furnaces, except for furnaces used to cremate the dead, and those used “in a private house for domestic purposes” (section 3).

Sindh Smoke-Nuisances Act 1912 (No. VII) adapted and amended by: Sindh Adaptation of Laws Order 1975 Sindh Repealing and Amending Act 1975 (No. XVII)

6.15.22 Explosive Substances Act 1908 (No. VI)

This federal law regulates the possession and use of explosive substances, including materials for the manufacture of explosives as well as machinery, tools and materials that can be used to cause an explosion (section 2). Causing an explosion is punishable with a maximum sentence of life in prison, whether or not the event causes any injury to persons or damage to property (section 3). The same maximum penalty applies to making or possessing explosives with intent to cause an explosion (section 4). Although the law does not specify conditions under which it is legal to possess explosive materials, possession of such substances for a purpose that is not “lawful” is an offence (section 5), implying that some form of regulatory mechanism is to be put in place. Powers under this Act lie with provincial governments, which may restrict or allow the courts to proceed with the trial of suspected offenders (section 7). The 1908 law deals exclusively with causing explosions or intent to cause explosions.

Explosive Substances Act 1908 (No. VI) amended and adapted by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Central Adaptation of Laws Order 1964 (President’s Order No. 1) Explosive Substances (West Pakistan Amendment) Ordinance 1970 (No. VIII)


6.15.23 Explosives Act 1884 (No. IV)

This federal law deals with the manufacture, possession, sale, use and transport of explosives. The government may prohibit the manufacture, possession or import of any explosive substance, except with a licence (section 5), or ban outright the manufacture, import or possession of any material deemed to be of “so dangerous [a] character that […] it is expedient for the public safety” to impose such restrictions (section 6). Under this law, the maximum penalty for illegally manufacturing, possessing or importing explosives is 5,000 rupees. The government may declare any substance deemed particularly dangerous to life or property, owing to its explosive properties, or any of the processes involved in its manufacture to be an explosive within the meaning of this Act (section 17). Such materials may include a wide range of chemical substances that are explosive in nature, although the term ‘dangerous’ itself has not been defined. No regulatory compliance measures are introduced for the handling of hazardous materials. All powers under this Act lie with the “appropriate government”, defined as the federal government in relation to import and inter-provincial transport, and the provincial government in all other matters (section 4(7)).

Explosives Act 1884 (No. IV) amended and adapted by: Central Laws (Statute Reform) Ordinance 1960 (No. XXI) Central Adaptation of Laws Order 1964 (President’s Order No. 1) Federal Adaptation of Laws Order 1975 (President’s Order No. 4) Federal Laws (Revision and Declaration) Ordinance 1981 (No. XXVII)

7. Court Decisions 143

7. COURT DECISIONS Until the mid-1990s, issues related to natural resources were rarely brought before the courts. In 1994, the Supreme Court ruling in the Shehla Zia case set a legal precedent by interpreting the “right to life” guaranteed to all citizens under the Constitution to include the right to a “clean environment”.30 The broad interpretation employed in this ruling is itself validated by the Supreme Court, which has also observed that the Constitution is a “living document” which is to be interpreted in a manner that “keep[s] it alive and blossom[ing] in every atmosphere and every situation”.31 These determinations have created scope for the courts to extend a similarly broad interpretation to other areas, as has been done in the salt miners case, where the Supreme Court held that the right to clean water was the “right to life itself”.32 In the high courts, as well, the principles set out in the Shehla Zia ruling have been drawn upon to address matters as diverse as tobacco advertising on television and radio,33 garbage dumps in residential areas,34 the installation of advertising boards,35 and the contamination of water as a result of untreated industrial effluent.36 The broad interpretation set out in the Shehla Zia case is yet to be tested with respect to the protection or conservation of natural resources other than water. In fact, few cases related to natural resources have been brought before the courts at all. A petition concerning the hunting of wild birds and animals in general was heard in 1995 and rejected as “frivolous”.37 Petitions seeking to prevent the hunting of the houbara bustard, meanwhile, were viewed as a “very serious matter”.38 Other cases of potential importance with respect to natural resources are reported in the press and elsewhere, but not in law journals. These include the Premier Oil case, in which the court dismissed a petition filed by nine non-governmental organisations seeking to restrain mining activity in the Kirthar National Park;39 the Indus Highway case, in which the court ordered the government to commission an EIA of the proposed project;40 the houbara bustard case, where the court granted a stay in connection with hunting permits;41 and the Haleji case, in which the court granted a stay against commercial fishing in a wildlife sanctuary.42 Petitions concerning genetically modified soy43 and the Tasman Spirit oil spill44 are reported to be pending before the courts. While cases related specifically to natural resources are relatively rare, the courts have heard a number of petitions related the environment in general. Matters concerning environmental pollution have been brought before the Supreme Court,45 which has also taken suo moto notice of reports concerning the dumping of nuclear waste.46 The high courts, meanwhile, have decided cases related

30 Shehla Zia v. WAPDA (PLD 1994 SC 693). 31 Government of Balochistan v. Azizullah Memon (PLD 1993 SC 341). 32 General Secretary, West Pakistan Salt Miners Labour Union v. Director Industries (1994 SCMR 2061). 33 Pakistan Chest Foundation v. Government of Pakistan (1997 CLC 1379). 34 Muhammad Yousaf v. Province of the Punjab (2003 CLC 576). 35 Clifton Centre Association v. City District Government (PLD 2003 Karachi 477). 36 Nazim UC Allah Bachayo Shoro v. the State (2004 YLR 2077). 37 M.D. Tahir v. Provincial Government (1995 CLC 1730). 38 Tanvir Arif v. Federation of Pakistan (1999 CLC 981). 39 See Friends of the Earth, “Premier Oil: Foe Goes to Court in Pakistan”, October 4, 2001

(http://www.foe.co.uk/resource/press_releases/20011004000120.html). 40 See United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP), “Indus Highway or Kirthar

National Park” (http://www.unescap.org/drpad/vc/conference/bg_pk_57_ihk.htm). Also see World Conservation Union (IUCN) Pakistan, “Mid-Term Review of National Conservation Strategy: Mass Awareness Initiatives”, February 16, 2000 (http://www.nssd.net/country/pakistan/pamtr04.htm).

41 Society for Conservation and Protection of Environment v. Federation of Pakistan, Constitutional Petition No. D-1403 of 1991 (not reported).

42 See IUCN Pakistan, You Can Make a Difference: Environmental Public Interest Cases in Pakistan, 1998 (http://www.iucn.org/places/pakistan/olr99.htm).

43 See Muddassir Rizvi, “Petition Highlights Concerns About GE Food Imports”, December 3, 2002 (http://www.gene.ch/genet/2002/Dec/msg00023.html).

44 Dr. Amjad H. Bokhari v. Federation of Pakistan, Constitutional Petition 45/2003 before the Supreme Court of Pakistan (not reported).

45 Pollution of Environment Caused by Smoke, Emitting Vehicles, Traffic Muddle (1996 SCMR 543). 46 Environmental Pollution in Balochistan (PLD 1994 SC 102).


to air, noise and other forms pollution created by industrial units,47 as well as a petition related to the enforcement of PEPA 1997.48 The Shehla Zia ruling is also significant in its acceptance of the precautionary principle set out in the Rio Declaration on the Environment and Development (1992). This principle has only been invoked in one subsequent high court decision.49 It is worth noting, however, that long before these principles were enunciated formally in global declarations, a 1972 decision of the Lahore High Court held that magistrates are not only empowered but also obligated to act in order to prevent “imminent” danger to public health.50 Just as the Shehla Zia case provides an opening to litigate on matters concerning natural resources, the courts have expanded the scope of locus standi with respect to public interest cases. A 1999 Supreme Court ruling held that a “great variety of factors are capable of qualifying as sufficient interest”, including “civic (or community) environmental and cultural interests”.51 Similarly, a number of rulings in the high courts have held that public interest litigation may be initiated “by a person not personally hurt”,52 that a “more liberal meaning” must be assigned to the terms ‘aggrieved party’ and ‘aggrieved person’,53 and that “every resident of a town has locus standi” in cases related to the protection of the environment.54

7.1 SUPREME COURT OF PAKISTAN By broadly interpreting constitutional rights and expanding the scope of locus standi, the Supreme Court has allowed a wide range of matters concerning the protection and conservation of natural resources to be litigated. In taking suo moto notice of such issues as the dumping of toxic waste, meanwhile, the Supreme Court has set a precedent for addressing other similar concerns on its own initiative.55 The Supreme Court has also ruled on the matter of land acquisition, where it has held that compensation must be paid not only according to market value56 but also keeping in mind the potential value of the land in question.57 In theory, this determination could serve to facilitate the acquisition of land for conservation, particularly if the compensation awarded is perceived to be reasonable. The opportunities created by these decisions have yet to be tested in the courts with respect to natural resources. Prior to the Shehla Zia ruling, the Supreme Court heard a case concerning the improper disposal of sewage and the resulting contamination of drinking water.58 Following Shehla Zia, it has heard petitions related to the contamination of groundwater,59 and air and noise pollution from motor vehicles.60 No other cases concerning natural resources have been decided. The Supreme Court has also ruled on matters related to the exercise and delegation of statutory powers,61 and the retroactive effect of legal instruments and executive orders.62 Other issues that have come before the Supreme Court and the Federal Shariat Court concern tenure and rights over

47 Abdul Qayyum v. Director General EPA (1999 PLR 640); Muhammad Yousaf v. the State (PLD 1974 Lahore 71);

Shahjehan Khan v. Deputy Commissioner Pishin, 2001 (not reported); Rana Ishaque v. DG EPA and others, Writ Petition No. 671/95 (not reported); and United Welfare Association v. Lahore Development Authority, Writ Petition No. 9297 of 1991 (not reported).

48 Anjum Irfan v. Lahore Development Authority (PLD 2002 Lahore 555). 49 Muhammad Yousaf v. Province of the Punjab (2003 CLC 576). 50 Muhammad Yousaf v. the State (PLD 1974 Lahore 71). 51 Ardeshir Cowasjee v. Karachi Building Control Authority (1999 SCMR 2882). 52 Begum Saida Qazi Isa v. Quetta Municipal Corporation (PLD 1997 Quetta 1). 53 Pakistan Chest Foundation v. Government of Pakistan (1997 CLC 1379). 54 Ardeshir Cowasjee and 11 others v. Province of Sindh and 3 others, Constitutional Petition No. D-856 of 2002 (not

reported). 55 Environmental Pollution in Balochistan (PLD 1994 SC 102). 56 Nasim Ahmad Aheer v. WAPDA (PLD 2004 SC 897). 57 Province of Sindh v. Ramzan (PLD 2004 SC 512). 58 Human Rights Case No. 9-K of 1992 (not reported). 59 General Secretary, West Pakistan Salt Miners Labour Union v. Director Industries (1994 SCMR 2061). 60 Pollution of Environment Caused by Smoke, Emitting Vehicles, Traffic Muddle (1996 SCMR 543). 61 Government of Sindh v. Hasina (1979 SCMR 17); Zaibtun Textile Mills Ltd. v. Central Board of Revenue (PLD 1983 SC

358); and Government of Balochistan v. Azizullah Memon (PLD 1993 SC 341). 62 Taj Mahal Hotel Limited v. Karachi Water and Sewerage Board (1997 SCMR 503).


land, land classification, and limits on individual holdings imposed through land reform laws.63 Ceilings on landholdings have been declared to be repugnant to the injunctions of Islam while other laws have also been reviewed to assess their compatibility with Islamic principles.64 Another area where Islamic principles are to be employed by the courts is in the case of a legal vacuum. Here, the Supreme Court has ruled on a number of occasions that when the law is silent on a particular subject, the matter is to be decided according to Islamic common law.65 No systematic study has been conducted to examine gaps in the statutory regime and identify Islamic provisions that address such issues.

7.1.1 Nasim Ahmad Aheer v. WAPDA, PLD 2004 SC 897

This case concerns the manner in which compensation is determined for the compulsory acquisition of land. The appellants contend that their agricultural land, acquired by the government for the construction of a drain, was situated adjacent to a residential area and should have been valued at a higher rate. Their claim was accepted by a civil court which increased the amount to be paid in compensation. That ruling was subsequently overturned by the Lahore High Court. This appeal to the Supreme Court is directed against the Lahore High Court judgement. The Supreme Court notes that compensation must be awarded according to the current market value of land that is acquired, not its classification. Market value includes “estimates of actual speculative advance in the values of lands in consequence of improvements already made […] or in consequence of potentialities for any purpose.” Large holdings of land are not necessarily valued the same as smaller plots that may have been developed for construction. Similarly, agricultural land is not valued at the same rate as residential land. The Court holds that since the land in question was agricultural land, the compensation originally determined for its acquisition was “unexceptionable”. The appeal is dismissed.

PLD 2004 SC 897 Nasim Ahmad Aheer and 4 others v. WAPDA and 3 others Civil Appeal No. 945 of 1999 decided on 14 May 2004 heard by: Nazim Hussain Siddiqui, CJ Javed Iqbal and Abdul Hameed Dogar, JJ

judgement written by: Javed Iqbal, J

7.1.2 Province of Sindh v. Ramzan, PLD 2004 SC 512

This consolidated judgment concerns two civil appeals and one civil petition contesting an earlier Sindh High Court decision that increased the amount of compensation awarded for land that was acquired by the government of Sindh for the purpose of military installations. The appellants claim that in enhancing the award, the High Court had taken into consideration factors that came into play after the acquisition notification was issued. The respondents maintain that compensation should not be awarded according to the existing value of the land alone but also its potential value. The Court holds that the term ‘compensation’ as it is used in the Land Acquisition Act carries a wider meaning than market value, which is only one of many factors that are to be considered while determining compensation. Other factors include the “potential value of the land”. The Court states that the “mere classification or nature of land may be taken as [a] relevant consideration but not as [an] absolute one.” 63 Fazle Ghafoor v. Chairman, Tribunal Land Disputes (1993 SCMR 1073); Hasan Muhammad v. Abdul Hameed (PLD 1982

SC 159); and Qazalbash Waqf v. Chief Land Commissioner (PLD 1990 Supreme Court 99). 64 Pakistan v. Public at Large (PLD 1986 Supreme Court 240). 65 Muhammad Bashir v. the State (PLD 1982 Supreme Court 139); Federation of Pakistan v. NWFP Government (PLD 1990

Supreme Court 1172); and Fazle Ghafoor v. Chairman, Tribunal Land Disputes (1993 SCMR 1073).


Finding “no merit” in the appeals and petition, the Court dismisses the appeals and refuses leave to appeal in the civil petition.

PLD 2004 SC 512 Province of Sindh through Collector of District Dadu and others v. Ramzan and others Civil Appeals No. 139 and 140 of 1999, and Civil Petition No. 561-K of 2002 decided on 30 April 2004 heard by: Iftikhar Muhammad Chaudhry, Rana Bhagwandas and Sardar Muhammad Raza Khan, JJ

judgement written by: Sardar Muhammad Raza Khan, J

7.1.3 Taj Mahal Hotel Limited v. Karachi Water and Sewerage Board, 1997 SCMR 503

This consolidated judgment concerns six civil appeals filed against an earlier Sindh High Court ruling in a dispute over the levy of water rates and revised rates applied retroactively. The Supreme Court holds that an administrative order or notification cannot operate retroactively “to the disadvantage of persons affected by it.” The same principle applies to clauses in legal instruments where orders and actions taken under repealed legislation are saved. On this matter the Court rules that unless the repealing law itself has retroactive effect, no administrative decisions saved by that law can be applied retroactively.

1997 SCMR 503 Taj Mahal Hotel Limited and others v. Karachi Water and Sewerage Board and others Civil Appeals Nos. 69-K, and 261-K to 265-K of 1986 decided on 21 January 1992 heard by: Ajmal Mian, Muhammad Afzal Lone and Sajjad Ali Shah, JJ

judgement written by: Ajmal Mian, J

7.1.4 Pollution of Environment Caused by Smoke, Emitting Vehicles, Traffic Muddle, 1996 SCMR 543

This interim order issued by the Supreme Court calls for measures to streamline the process of checking motor vehicles in Karachi, as a first step towards eliminating air and noise pollution in the city. The order is based on reports from mobile checking carried out in 1992–93, also at the order of the Supreme Court.

1996 SCMR 543 Pollution of Environment Caused by Smoke, Emitting Vehicles, Traffic Muddle Human Rights Case No. 4-K of 1992 decided on 1 November 1993 heard by: Saleem Akhtar, J

7.1.5 Environmental Pollution in Balochistan, PLD 1994 SC 102

The Supreme Court takes suo moto action in this case, after seeing a report in a daily newspaper which stated that nuclear waste was to be dumped in coastal areas of Balochistan. The Court views this as a violation of article 9 of the Constitution and orders the chief secretary of Balochistan to conduct an inquiry to determine whether coastal land in that province, or in any area within the territorial waters of Pakistan, had been or was being allotted to any persons for the purpose of converting such areas into a dump site. If any such allotment had been made or applied for, full particulars were to be supplied to the Court.


The Court orders that authorities with responsibility for allotting coastal land insert a condition in the legal document granting an allotment stating that the allottee shall not use the land for dumping, treating, burying or destroying by any device waste of any nature including industrial or nuclear waste in any form. The Balochistan Development Authority is ordered to obtain a similar undertaking from those to whom land has already been allotted.

PLD 1994 SC 102 Environmental Pollution in Balochistan Human Rights Case No. 31-K/92(Q) decided on 27 September 1992 heard by: Saleem Akhtar, J

7.1.6 General Secretary, West Pakistan Salt Miners Labour Union v. Director Industries, 1994 SCMR 2061

The petitioners seek enforcement of the right of area residents to clean water, free of pollution from coal mining being carried out in the same water catchment area. It is alleged that if the mines are allowed to continue their activities, which extend into the catchment area, the water course, reservoir and pipelines will be contaminated. Relying on the 1994 ruling in the Shehla Zia case, the Supreme Court holds that the “right to have water free from pollution and contamination is the right to life itself.”66 As such, those exposed to the danger of polluted water “are entitled to claim that their fundamental right of life guaranteed to them by the Constitution has been violated.” The Court issues a number of directions to the concerned parties and departments. It orders the mouth of the mine to be shifted, within four months, to a safe distance from the stream and reservoir so that that these water sources are not polluted by mine debris, carbonised materials and waste water from the mines. The Court appoints a five-member Commission to ensure that these orders are carried out.

1994 SCMR 2061 General Secretary, West Pakistan Salt Miners Labour Union (CBA) Khewra, Jhelum v. Director, Industries and Mineral Development, Punjab, Lahore Human Rights Case No. 120 of 1993 decided on 12 July 1994 heard by: Muhammad Rafiq Tarar and Saleem Akhtar, JJ

judgement written by: Saleem Akhtar, J

7.1.7 Shehla Zia v. WAPDA, PLD 1994 SC 693

In this landmark case, the Supreme Court prevents, as an interim measure applicable to date, the construction of a high-voltage grid station in the green belt of a residential locality in Islamabad. On behalf of residents of the area in which WAPDA proposed to construct the grid station, a letter is sent to the Supreme Court raising two questions: whether any government agency has the right to endanger the life of citizens by its actions without the latter’s consent; and whether zoning laws vest rights in citizens which cannot be withdrawn or altered without the citizens’ consent. Since conclusive evidence of the effect of electro-magnetic fields on human health is not yet available, the Supreme Court does not make a definitive ruling. Rather, the Court invokes the

66 This interpretation of the right to life is also cited Nazim UC Allah Bachayo Shoro v. The State (2004 YLR 2077), where the

court notes that the “right to have unpolluted water is the right of every citizen wherever he lives. A wide meaning should be given to the word ‘life’ to enable man not only to sustain life but to enjoy it.”


principles of prudence and precaution in issuing a notice to WAPDA, agreed by both parties, appointing a Commissioner to study WAPDA’s plan and report on the likelihood of any adverse effects on the health of residents of the locality and, if necessary, to suggest any alteration or addition which may be economically possible for construction and location of the grid station. The Court also directs the government to establish an Authority or Commission composed of internationally recognised, impartial scientists, whose opinion or permission should be obtained before any new grid station is allowed to be constructed. The Court directs that in the future, prior to installing or constructing any grid station or transmission line, WAPDA must issue public notices in the newspapers, and on radio and television, inviting objections, and may only finalise the plan after considering such objections. The Supreme Court holds that the right to a clean environment is the fundamental right of all citizens of Pakistan, covered by the “right to life” and the “right to dignity” under articles 9 and 14 of the Constitution, respectively. Article 9 of the Constitution provides that no person shall be deprived of life or liberty save in accordance with the law. The Supreme Court rules that the word ‘life’ covers all facets of human existence. Although the word has not been defined in the Constitution, the Court holds that it does not mean, and cannot be restricted to mean, vegetative or animal life alone, nor does it mean mere existence from conception to death. The Court holds that life includes all such amenities and facilities that a person born in a free country is entitled to enjoy with dignity, legally and constitutionally. The Supreme Court also accepts the importance of the Rio Declaration on the Environment and Development, and the precautionary principle included in its Principle 15.

PLD 1994 SC 693 Shehla Zia and others v. WAPDA Human Rights Case No. 15-K of 1992 heard on 12 February 1994 heard by: Nasim Hasan Shah, CJ Saleem Akhtar and Manzoor Hussain Shah, JJ

order written by: Saleem Akhtar, J

7.1.8 Fazle Ghafoor v. Chairman, Tribunal Land Disputes, 1993 SCMR 1073

This appeal concerns the inheritance of land that was situated in the erstwhile princely state of Dir and is said to have been confiscated by the former ruler. As a descendant of the original owner, the appellant stakes a claim to the land in question. The Supreme Court observes that “there is always a feeling in such like cases that the concrete evidence for giving final clear findings” is not available, and that decisions are issued on “the high probability principle”. The Court notes that this mode of proof is also “adoptable in the Islamic dispensation”, and cites a 1982 Supreme Court ruling in which it was held that where “a vacuum on a question of law [is] left by statutory silence, the prevailing mode having full Constitutional support, would be that of Islamic common law.” The Court finds that while the appellant’s ancestor was in fact the rightful owner of the disputed land, its confiscation was justified. As such, the appellant is not entitled to inherit the land and the appeal is dismissed.

1993 SCMR 1073 Fazle Ghafoor v. Chairman, Tribunal Land Disputes, Dir, Swat and Chitral at Mardan and 6 others Civil Appeal No. 196-P of 1990 decided on 10 December 1992 heard by: Muhammad Afzal Zullah, CJ Saeeduzzaman Siddiqui and Wali Muhammad Khan, JJ

judgement written by: Muhammad Afzal Zullah, CJ


7.1.9 Government of Balochistan v. Azizullah Memon, PLD 1993 SC 341

The appellants in this case challenge an earlier Balochistan High Court ruling concerning the validity of the Criminal Law (Special Provisions) Ordinance 1968, which provides for separate criminal procedures to be applied to certain tribal areas in Balochistan. This ruling covers specific matters related to the history of “special” areas in that province. Regarding the establishment of special tribunals under the Ordinance, the Court notes that arbitrary powers cannot be conferred on the executive in appointing such tribunals, providing procedures or imposing sentences. Rather, special tribunals and courts are required to follow “ordinary rules of justice, equality and good conscience.” The appellants challenge the Ordinance on a number of points, including that it violates the principle of equality before the law, as specified in article 25 of the Constitution. Considering this point, the Court observes that in interpreting the Constitution, care must be taken to ensure that the interpretation is not “restrictive, pedantic or limited”. The Court describes the Constitution as a “living document which portrays the aspirations and genius of the people”, and holds that “it has to be interpreted in a manner to keep it alive and blossom[ing] in every atmosphere and every situation.”

PLD 1993 SC 341 Government of Balochistan through Additional Chief Secretary v. Azizullah Memon and 16 others Civil Appeals Nos. 1412 to 1428 of 1990 decided on 10 April 1993 heard by: Muhammad Afzal Zullah, CJ Saleem Akhtar and Wali Muhammad Khan, JJ

judgement written by: Saleem Akhtar, J

7.1.10 Human Rights Case No. 9-K of 1992 (not reported)

In 1992, the Karachi Administration Women’s Welfare Society writes a letter to the Supreme Court stating that the use of open storm water drains for the disposal of sewage, and the contamination from sewage as a result of damaged drains and pipes, constitute a violation of the fundamental rights of the people living in the area. The Supreme Court converts the letter into a human rights case and constitutes a Commission which reports that the complaints in the petition are valid. The Court calls for remedial measures to be taken, including the repair of the water and sewerage pipes.

7.1.11 Federation of Pakistan v. NWFP Government, PLD 1990 Supreme Court 1172

This Shariat review petition concerns an earlier ruling of the Shariat Appellate Bench which declared certain provisions of the Criminal Procedure Code 1898 and the Pakistan Penal Code 1860 to be repugnant to the injunctions of Islam. That ruling was to take effect from 23 March 1990. The petitioners state that a new ordinance aimed at removing this discrepancy has already been drafted and is shortly to be promulgated. The Shariat Appellate Bench revises the date from which the earlier ruling was to take effect so that it coincides with the proposed date on which the ordinance is to be issued and holds that if the new law is not enacted on the said date, the earlier ruling will nevertheless take effect, nullifying certain provisions of the criminal procedure and penal codes. It observes that “[i]n such a state of vacuum, vis-à-vis, the statute law on the subject, the common Islamic law/the injunctions of Islam […] shall be deemed to be the law on the subject.”

PLD 1990 Supreme Court 1172 Federation of Pakistan and another v. NWFP Government and others Shariat Review Petitions Nos. 1-R and 3, and Shariat Miscellaneous Petitions Nos. 327-L, 9 to 11, and 8-R of 1990 decided on 29 August 1990


heard by: Muhammad Afzal Zullah, CJ Nasim Hasan Shah, Shafiur Rahman, Pir Muhammad Karam Shah and Maulana Muhammad Taqi Usmani, JJ

order written by: [not specified]

7.1.12 Qazalbash Waqf v. Chief Land Commissioner, PLD 1990 Supreme Court 99

This case, appealed to the Federal Shariat Appellate Bench, challenges provisions of the Land Reforms Act 1977, Land Reforms Regulation 1972 and Punjab Tenancy Act 1887 related to restrictions on landholdings. The Shariat Appellate Bench ruling invalidates specific provisions of these laws in their entirety while other provisions are declared invalid with respect to specified conditions. The ruling leaves the validity of three provisions open for future deliberation.

PLD 1990 Supreme Court 99 Qazalbash Waqf and others v. Chief Land Commissioner, Punjab, Lahore and others Shariat Appeals Nos. 1, 3, 4, 8, 9 and 10 of 1981; 21 of 1984; and 1 of 1987 decided on 10 August 1989 heard by: Muhammad Afzal Zullah, Chairman Nasim Hasan Shah, Shafiur Rahman, Pir Muhammad Karam Shah and Maulana Muhammad Taqi Usmani, Members

judgement written by: Muhammad Afzal Zullah, J

7.1.13 Pakistan v. Public at Large, PLD 1986 Supreme Court 240

This consolidated judgement concerns five appeals filed by the federal government challenging earlier decisions of the Federal Shariat Court with respect to laws that were held to be repugnant to the injunctions of Islam. The Shariat Appellate Bench discusses in detail the principles involved in examining the provisions of any law to determine compatibility with Islamic injunctions, and the procedures that are to be followed by the Federal Shariat Court in framing its decisions. One such requirement is that “while discovering the ‘Injunctions’ for a particular subject or situation […] the Court has not only the power but also the duty to state them.” While making a declaration regarding the repugnance of a law or part of a law, the Federal Shariat Court is also required to specify the date from which its ruling is to come into effect. Thereafter, the law or provision in question will cease to have effect whether or not the government or legislature concerned has taken steps to enact new laws in the interim period. The appeals are allowed on the grounds that the Federal Shariat Court failed to refer specifically to Quranic injunctions in issuing rulings in the five cases that are the subject of this appeal. These cases are remanded to the Shariat Court for “fresh decisions in accordance with the law”.

PLD 1986 Supreme Court 240 Pakistan v. Public at Large Federation of Pakistan v. The General Public Shariat Appeals Nos. 4 and 5 of 1983; and 3, 4 and 5 of 1984 decided on 22 May 1985 heard by: Justice Muhammad Afzal Zullah, Chairman Nasim Hasan Shah, Shafiur Rahman, Pir Muhammad Karam Shah and Maulana Muhammad Taqi Usmani, JJ

judgement written by: Justice Muhammad Afzal Zullah, Chairman


7.1.14 Zaibtun Textile Mills Ltd. v. Central Board of Revenue, PLD 1983 SC 358

In this consolidated judgement on several related civil appeals dating from 1969 to 1971 concerning the application of rules made under the Central Excises and Salt Act 1944, as amended by the Finance Act 1966, the appellants allege that the National Assembly had improperly delegated legislative powers to an authority of the executive branch of government. The Supreme Court denies the appeal, noting that the Act in question delegated rule-making authority rather than legislative powers.

PLD 1983 SC 358 Zaibtun Textile Mills Ltd v. Central Board of Revenue and others Civil Appeals Nos. K-48, 1, 49, 50, 53, 56, 59, 61 and 62 of 1972 decided on 28 March 1983 heard by: Muhammad Haleem, Acting CJ Nasim Hasan Shah and Zaffar Hussain Mirza, JJ

judgement written by: Zaffar Hussain Mirza, J

7.1.15 Hasan Muhammad v. Abdul Hameed, PLD 1982 SC 159

The appellants challenge an earlier Punjab High Court decision concerning the respondent’s right of pre-emption with respect to the sale of property to third parties. The property in question consists of agricultural land that had been included within the limits of an urban area (“Abdul Hakim Town”) by means of a government notification. The appellants claim that as a result, the land falls under the category of “urban immovable property”, over which pre-emption rights may not be exercised under the Punjab Pre-emption Act 1913. (The 1913 Act was repealed by the Punjab Pre-emption Act 1991.) In issuing its decision, the High Court noted that the character of the land had not changed as a result of its being included within the limits of an urban area. The Supreme Court upholds the High Court ruling, stating that the term ‘urban immovable property’ does not cover agricultural land “merely on account of its being located in an urban area”, and dismisses the appeals.

PLD 1982 SC 159 Hasan Muhammad and 2 others v. Abdul Hameed and 2 others Civil Petitions Nos. 1046, 1112, 1158 of 1981 decided on 14 February 1982 heard by: Aslam Riaz Hussain, Muhammad Afzal Zullah and M.S.H. Qureshi, JJ

judgement written by: M.S.H. Qureshi, J

7.1.16 Muhammad Bashir v. the State, PLD 1982 Supreme Court 139

In this criminal appeal, the Supreme Court revises the sentence awarded to the appellant who was earlier tried and convicted for murder, basing its decision on Islamic principles. The Court observes that the country’s superior courts have “applied Islamic teachings and philosophy” in a large number of cases where “the statute law is silent about a situation, the field is unoccupied so to say, a statutory void is to be [filled], or the Court has discretion to follow one of several courses, one of which is more in accord with Muslim Jurisprudence.”

PLD 1982 Supreme Court 139 Muhammad Bashir v. the State Criminal Appeal No. 85 of 1979 decided on 9 December 1981 heard by: Muhammad Haleem, Acting CJ Muhammad Afzal Zullah and Shah Nawaz Khan, JJ


judgement written by: Muhammad Afzal Zullah, J

7.1.17 Government of Sindh v. Hasina, 1979 SCMR 17

This judgement concerns seven leave petitions related to an earlier Sindh High Court ruling which struck down a government order to re-arrest prisoners who had been released by an order of the then acting chief minister. The government claims that the acting chief minister cannot commute prisoners’ sentences without the consent of the provincial governor, and that no such consent had been obtained. The Supreme Court upholds the High Court ruling, holding that the orders passed by the acting chief minister were “unexceptional” and dismisses the petitions.

1979 SCMR 17 Government of Sindh v. Hasina Province of Sindh v. Aftab Ali and two others Province of Sindh v. Sultan Khan and two others Civil Petitions for Special Leave to Appeal Nos. 37 and 122 to 127 of 1978 decided on 10 August 1978 heard by: Muhammad Haleem and G. Safdar Shah, JJ

order written by: G. Safdar Shah, J

7.1.18 Punjab Province v. Federation of Pakistan, PLD 1956 Federal Court 72

This case concerns a dispute between the federal government and a province over tax liability arising from a statute. The suit was filed in 1952, when the Government of India Act 1935 served as the governing basic law for country, and was heard by the Federal Court which was the apex court at the time. Before proceeding with an examination of the issues in this case, the Court considers the question of whether it has jurisdiction to hear the case. The Court notes that “it is in the highest degree undesirable that the federation and the provinces should be fighting out their battles in ordinary courts like common litigants.” Citing section 204 of the 1935 Act, the Court holds that “all disputes, whether of law or of fact, on which the existence or extent of a legal right depends” must be determined by the Federal Court if the dispute is between the federal government and one or more provinces, or between two or more provinces. This principle is also contained in article 184 of the Constitution of 1973, which gives the Supreme Court original jurisdiction in any dispute between “any two or more governments”.

PLD 1956 Federal Court 72 Punjab Province v. Federation of Pakistan Original Suit No. 2 of 1952 decided on 8 November 1955 heard by: Muhammad Munir, CJ A.S.M. Akram, M. Shahabuddin, A.R. Cornelius and Muhammad Sharif, JJ

judgement written by: Muhammad Munir, CJ

7.2 SINDH HIGH COURT The Sindh High Court has in recent years issued a number of rulings that are potentially relevant for those looking to litigate matters related to natural resources. The Nestle case, where the large-scale


commercial extraction of subsoil water is challenged,67 and the case of Union Council Allah Bachayo Shoro, concerning the pollution of water from untreated industrial effluent,68 have shown that in such matters the courts are not averse to finding in favour of both the protection and the sustainable use of resources. Although narrower in scope, the Sindh High Court ruling in the Tanvir Arif case, concerning hunting permits granted to foreign dignitaries, finds in favour of protecting wildlife.69 An earlier decision on the same subject makes a similar determination, and recognises the importance of protecting not only wildlife habitat but also the surrounding area.70 Even where commercial interests come into conflict with the built environment, as in the Clifton Centre case, the Sindh High Court has ruled to preserve the “view, vision and elevation” of urban space.71 A notable exception in this regard is the 2002 petition challenging a law which permits the ‘regularisation’ of illegally constructed buildings, where the Sindh High Court does not strike down the law in question.72 But here too the Court upholds the principle that the right to life and human dignity includes the right to live in a “healthy environment”. The principles and precedents that have begun to be delineated in these rulings are yet to be tested with respect to natural resources other than water, and areas other than urban centres. The Sindh High Court has decided matters concerning deep-sea fishing and fisheries rights in inland waters,73 and heard a number of cases related to land allotment, ownership and tenure.74 The High Court has also ruled on general principles related to the exercise of executive authority,75 the delegation of powers76 and the role of the judiciary in examining the validity of legislation.77

7.2.1 Nestle Milkpak Limited v. Sindh Institute of Urology and Transplantation (not reported)

This appeal concerns an earlier interim order issued by the Sindh High Court restraining the appellant from setting up a water bottling plant or “initiating any commercial/industrial activities”. The Sindh High Court finds it “hard to believe” that the extraction of water in the quantities required by the appellant “will not disturb the aquifer and environment of the area”. The Court notes, it is “also hard to swallow that [the appellant] having only 20 acres of land in the area would be within their legal rights to extract such huge quantities of water.” Observing that this suit is “in the nature of public interest litigation”, the Court holds that the respondents have succeeded in making “a prima facie case in their favour”. The Court finds no “legal infirmity” in the disputed stay order and dismisses this appeal with instructions to the judge hearing the case to expedite proceedings.

Nestle Milkpak Limited v. Sindh Institute of Urology and Transplantation and others (not reported) High Court Appeal No. 271 of 2004 dated 1 September 2006 heard by: Anwar Zaheer Jamali and Syed Zawwar Hussain Jaffery, JJ

order written by: Anwar Zaheer Jamali, J

67 Sindh Institute of Urology and Transplantation v. Nestle Milkpak Limited (2005 CLC 424); and Nestle Milkpak Limited v.

Sindh Institute of Urology and Transplantation, High Court Appeal No. 271 of 2004 (not reported). 68 Nazim UC Allah Bachayo Shoro v. the State (2004 YLR 2077). 69 Tanvir Arif v. Federation of Pakistan (1999 CLC 981). 70 Society for Conservation and Protection of Environment v. Federation of Pakistan, Constitutional Petition No. D-1403 of

1991 (not reported). 71 Clifton Centre Association v. City District Government (PLD 2003 Karachi 477). 72 Ardeshir Cowasjee v. Province of Sindh, Constitutional Petition No. D-856 of 2002 (not reported). 73 Marine Fisheries Department v. Nusratullah (PLD 1991 Karachi 301); and Jamaluddin v. Shahmurad (PLD 1976 Karachi

174). 74 Nek Muhammad v. Province of West Pakistan (PLD 1966 [WP] Karachi 314); Karachi Cooperative Housing Societies Union

v. Government of Sindh (1990 MLD 389); and Bibi Bilquis v. Sindh Land Commissioner (PLD 1994 Karachi 18). 75 Moula Bux v. Government of Sindh (2000 PLC [CS] 905). 76 Abdullah v. the Crown (PLD 1955 Sindh 384). 77 Ghulam Nabi v. Province of Sindh (PLD 1999 Kar 372).


7.2.2 Sindh Institute of Urology and Transplantation v. Nestle Milkpak Limited, 2005 CLC 424

This case concerns the proposed establishment of a water bottling plant in Deh Chuhar, an area located on the outskirts of Karachi, where land has been allocated to various educational and research institutions. The plaintiffs in this case—the Sindh Institute of Urology and Transplantation, the Aga Khan University Hospital, the Aga Khan University and the Shaheed Zulfikar Ali Bhutto Institute of Science and Technology—contend that allotments in the area were made for the sole purpose of establishing health care and education facilities, the so-called ‘Education City’ project, and that no other land use is permitted. They challenge the establishment of the water bottling plant on the grounds that it violates section 12 of PEPA 1997, under which projects likely to cause an “adverse environmental effect” are required to carry out an EIA, as well as sections 16 and 20 of the Canal and Drainage Act 1873, under which an application is to be submitted for the use of “canal water”. The plaintiffs contend that the extraction of subsoil water in “huge quantity” will affect the availability of water to other institutions in the area, besides being “environmentally degrading [and] non-sustainable”. They fear that the water bottling plant will “prove to be a complete nuisance”, attract other industrial units to the area, and result in the area becoming “polluted, overcrowded, dangerous and dirty”. The plaintiffs seek a restraining order against the water bottling plant and ask that a declaration be issued to prohibit land in the area from being allotted for any purposes other than health care and education. The defendants, who include the provincial government, the city district government of Karachi and the Sindh EPA, in addition to the water bottling company, deny that any project designated specifically for heath care and education was ever officially announced, and maintain that there is no ban on the establishment of industrial units in the Deh Chuhar area. They claim that water bottling factories are not mentioned specifically in the IEE/EIA Regulations framed under PEPA 1997, and that the Canal and Drainage Act does not apply to factories. The defendants point to the rights of landowners under the Easements Act 1882 to use and enjoy property, contend that there is no law preventing the owner of land from using subsoil water, and maintain that the aquifer is in any case not likely to be affected. The Sindh High Court notes that there “appears to be force” in the argument that water extraction on a commercial scale will affect the water table, and that rights under the Easements Act are “not unfettered”. Describing groundwater as a “national wealth” and a “nectar sustaining life on earth”, it holds that “no civilised society shall permit the unfettered exploitation of its natural resources”. The Court is in agreement with Principle 2 of the Stockholm Declaration (1972), which states that natural resources must be safeguarded for the benefit of present and future generations, and quotes a Kashmiri saying, “We have not inherited this land from our forefathers, we owe it to our children”. Citing the “doctrine of public trust”, the Court notes that under Islamic law as well, “certain water resources are to be protected from misuse and over-exploitation”. Finding that a “prima facie case for the grant of [an] injunction” has been made, and that the “balance of convenience” also favours the plaintiffs, the Court restrains the water bottling plant from “initiating any commercial/industrial activity”.

2005 CLC 424 Sindh Institute of Urology and Transplantation and others v. Nestle Milkpak Limited and others Suit No. 567 and C.Ms. Nos. 3717 and 5343 of 2004 decided on 30 November 2004 heard by: S. Ali Aslam Jafri, J


7.2.3 Nazim UC Allah Bachayo Shoro v. the State, 2004 YLR 2077

In this case, a letter written by the nazim of a union council in Kotri, stating that inhabitants of the area were receiving polluted water from the Kalri Baghar feeder canal into which industries were discharging untreated effluent, is converted into a constitutional petition. Various functionaries, including the managing director of the Sindh Industrial and Trading Estate (SITE) in Kotri, are called to appear before the Court. The chief engineer of the SITE area admits that industrial effluent is carried through open drains and eventually discharged into the feeder canal “without any physical, chemical or biological treatment”. As a result, the feeder “gets highly polluted and is very hazardous for crop growing, tree plantation and particularly for drinking purposes.” The Court is “deeply concerned” by the “inaction” on the part of the SITE administration. It notes that instead of preparing a scheme for the appropriate disposal of industrial waste, the SITE administration “chose to sleep […] on this essential human issue” by allowing untreated effluent to be discharged into the feeder canal. The Court also notices that the lease agreement between the SITE authorities and the industries allowed to operate there includes a clause which states that “no industry is to be allowed to discharge any dangerous, poisonous or objectionable effluent or matter into the drains or sewers, but to take all such measures as may be necessary to ensure that any effluent or matter so discharged [is] to be deposited within house [sic].” The Court notes that the SITE administration has to date not issued a single show-cause notice to any polluting industries. Citing various articles of the Constitution, the Court notes that the Constitution “guarantees [the] dignity of man and also [the] right to life” and that if these articles are read together, the question arises “whether a person can be said to have dignity of man if his right to life is below bare necessity line [sic] without proper food, clothing, shelter, education, health care, clean atmosphere and unpolluted environment.” The Court also refers to the Supreme Court ruling in the salt miners case (1994 SCMR 2061), and notes that “the right to have unpolluted water is the right of every citizen wherever he lives”. The Court holds that under article 38(d) of the Constitution, “it is the primary duty of the government to provide basic necessities of life which includes unpolluted water.” It directs the managing director of SITE to “seek enforcement of the terms of the lease/allotment” in the case of industries that are responsible for dumping untreated waste. It also directs the Environment Protection Agency to prosecute industrialists who violate the provisions of PEPA 1997, and instructs the Sindh Government to “take effective measures” to ensure that public functionaries comply with this order “so as to save the lives of the inhabitants of the town and its suburbs”.

2004 YLR 2077 Nazim UC Allah Bachayo Shoro v. the State CP No. D-278 of 2003 dated 9 October 2003 heard by: Muhammad Roshan Essani and Amir Hani Muslim, JJ

judgement written by: [not specified]

7.2.4 Ardeshir Cowasjee v. Province of Sindh (not reported)

This petition challenges the validity of the Sindh Regulation and Control (Use of Plots and Construction of Buildings) Ordinance 2002 which allows certain types of unauthorised construction to be “regularised” and remained in force for one year, during which time, according to the government’s own admission, some 4,000 illegal buildings were regularised. Among the various points raised by the petitioners is the contention that the Ordinance violates fundamental rights guaranteed in the Constitution, as interpreted by the Supreme Court in the Shehla Zia case (PLD 1994 SC 693). In examining the question of whether “the impairment of the right to life


or human dignity” is sufficient to persuade the Court to strike down the Ordinance, the Court notes that “every effort should be made to save rather than destroy a legislative instrument.” At the same time, the Court is “perturbed” by the fact that it has not heard anything “from the standpoint of a large number of beneficiaries of the legislation”. While agreeing with the petitioners that the right to life and human dignity includes the right to live in a “healthy environment”, the Court “cannot help taking judicial notice” of the individuals who have purchased apartments in illegal buildings and asks whether “their being thrown on the streets and rendered shelterless [would] contribute to the growth of a healthy environment”. It notes that the “Courts are required to strike a delicate balance between the various competing interests.” The Court is “inclined to hold that the object of the Ordinance [is] to protect a definite class of people and not to destroy the building control laws”, and declares the Ordinance to be a “valid piece of legislation”. The validity of the 2002 Ordinance is also challenged on the grounds that no emergency existed to justify its promulgation. Here, the Court refers to the Sindh High Court ruling in the Abdul Majid case (PLJ 1974 Kar 404), where it was held that the governor is “the sole judge as to the existence of emergency”, and notes that in acting under article 128 of the Constitution, “the governor exercises legislative and not merely executive powers”. It points to a “well-settled principle that courts do not sit in judgement over the wisdom of the legislature”, adding that in an earlier case, the Supreme Court ruled that “mala fides could not be attributed to the legislature”, and that this view overrules all other opinions.78 The Court notes that the legislature, meanwhile, may “neutralise the effect of an earlier decision of the court” by giving retroactive effect to a law, as was held in the Supreme Court ruling in the Molasses Trading case.79 The petitioners also claim that by allowing the regularisation of illegal construction, the Ordinance unfairly favours those who have broken the law while penalising law-abiding citizens. The Court is “not impressed” by this contention, observing that “by that token every statute conferring indemnity or concessions to certain groups of people would have to be struck down.” The respondents, meanwhile, raise a preliminary objection to the effect that since the Ordinance is no longer in force, the entire case is purely academic. The Court agrees that the courts “do not normally pronounce upon purely academic controversies” but holds that the controversy in this case “did not become purely academic upon the impugned Ordinance ceasing to remain operative in as much as it purported to create rights of a permanent nature.” The respondents also question the standing of the petitioners and the jurisdiction of the High Court to hear this case. On these points, the Court rules in favour of the petitioners. It observes that while the High Court “can only entertain a petition moved by an aggrieved person”, the expression itself is interpreted broadly and “has not been confined to a person having strict legal right but has been held to extend to any person having a legitimate interest in the performance of a public duty.” The Court adds that rulings of the superior courts issued during the last 15 years have “consistently stressed upon a wider import” of the expression ‘aggrieved person’ and have held that “every resident of a town has locus standi” in cases related to high-rise buildings and the protection of the environment.

Ardeshir Cowasjee and 11 others v. Province of Sindh and 3 others (not reported) Constitutional Petition No. D-856 of 2002 dated 14 October 2003 heard by: Sabihuddin Ahmed and Syed Ali Aslam Jafri, JJ

judgement written by: Sabihuddin Ahmed, J

7.2.5 Clifton Centre Association v. City District Government, PLD 2003 Karachi 477

The plaintiffs in this case file a suit against the installation of large advertising boards on the pavement in front of a commercial centre in Karachi, maintaining that the boards in question were put up illegally. They argue that the SLGO gives the district government “rule making” powers to decide on matters related to advertising boards and that, in the absence of such rules, the government does 78 Fauji Foundation v. Shamimur Rehman Alvi (PLD 1983 SC 457). 79 Molasses Trading v. Federation of Pakistan (1993 SCMR 1905).


not enjoy “absolute power to act at their whims and fancy [sic]”. The defendants challenge the right of the plaintiffs to interfere in the workings of the local government, claim the plaintiffs do not own the land in question and have no “easementary or legal rights”, and argue that in allowing the boards to be erected the city district government acted well within the powers afforded by the SLGO. The Court notes that since no rules pertaining to the subject of advertising boards have been framed under the SLGO, the Karachi Municipal Corporation (Advertisement) By-laws 1978 issued under the repealed Sindh Local Government Ordinance 1972 remain in force to the extent that they are consistent with the provisions of the 2001 Ordinance. Such by-laws are, however, subject to the “limitation as prescribed under section 191” of the SLGO, which states that rules framed under the Ordinance must “meet the […] considerations [of] natural justice and due process of law” (SLGO, section 191(3)(d)). The Court holds that the manner in which the hoardings were installed, without calling for objections from members of the public, violates this provision, and directs that the advertisement boards in question be installed in such a manner that they “may not obstruct the view, vision and elevation of the plaintiff’s commercial establishment”. In arriving at this decision, the Court points out that “public functions and duties conferred on the functionaries of the district government are to be exercised for the betterment of the Society at large [sic].” Referring to the Shehla Zia case, the Court elaborates on its interpretation, stating that just as the right to life was not seen as merely “vegetative life”, the right to property “is not to be interpreted in a narrow sense but must be given a broader perspective and meaning.” In discussing the question of sufficient interest, the ruling quotes from an earlier Supreme Court decision80 (which itself cites the “treatises on ‘Judicial Review of Administrative Action’ (Fifth Edition) by de Smith, Woolf and Jowell”) to note that sufficient interest is not “confined to property or financial or other legal interests” and can include “civic (or community) environmental and cultural interests. The interests can be future or contingent.”

PLD 2003 Karachi 477 Clifton Centre Association (CCA), Clifton, Karachi through General Secretary v. City District Government through Nazim-e-Aala, Municipal Building, Karachi and 3 others Suit No. 433 of 2002 decided on 26 February 2003 heard by: Mushir Alam, J

7.2.6 Moula Bux v. Government of Sindh, 2000 PLC (CS) 905

This constitutional petition is filed by a group of assistant commissioners and sub-divisional magistrates who were removed from their posts in the field and instead appointed ‘officers on special duty’. The petitioners challenge the validity of this order, claiming it was issued without the approval of the competent authority specified in section 35(i) of the Sindh Government Rules of Business 1986. Under the provincial Rules of Business, transfers and postings of assistant commissioners and sub-divisional magistrates are to be approved by the chief minister. The Court notes that “[s]urprisingly and very conspicuously the expression ‘With the approval of the Competent Authority’ is missing from the notification”, suggesting that this decision was in fact taken without the approval of the chief minister. The Court holds that public power is a sacred trust and government functionaries are expected to act “in the larger interests of the public at large and not for personal or extraneous interests”. Referring to the principles of good governance and the rule of law, the decision states that “administrative actions should be just and fair and not perverse and arbitrary”. The Court takes note of the fact that subsequent to their removal from active duty, certain officials were provided with new postings, stating that this amounts to an “act of discrimination which can hardly be appreciated”. The Court allows the petition and declares the government’s actions to have no lawful authority.

2000 PLC (CS) 905

80 Ardeshir Cowasjee v. Karachi Building Control Authority (1999 SCMR 2882).


Moula Bux and others v. Government of Sindh and others Constitutional Petition No. D-164 of 1998 decided on 12 January 2000 heard by: Rana Bhagwan Das and Mushir Alam, JJ

judgement written by: Rana Bhagwan Das, J

7.2.7 Ghulam Nabi v. Province of Sindh, PLD 1999 Kar 372

This consolidated ruling concerns 82 separate constitutional petitions filed by agriculturists to challenge the validity of the Sindh Irrigation (Amendment) Ordinance 1999 which cancels earlier orders that were issued to grant water supply to the petitioners who are named in the Schedule to the Ordinance. The challenge raises various points including the governor’s power to issue ordinances, the plenary authority of the legislature with respect to rights, the concept of “legislative judgement”, the validity of legislation that differentiates between groups of individuals, and constitutional provisions related to property rights and acquisition. The Sindh High Court observes that in the light of a 1999 Supreme Court ruling, it is doubtful whether earlier judgements regarding the “non-justiciability of the Governor’s satisfaction [that an emergency exists, requiring the promulgation of an ordinance] continue to remain good law.” On the petitioners’ contention that the 1999 Ordinance “in substance was nothing but merely an executive fiat […] brought into existence by the executive only”, the Court holds that the validity of an ordinance could be questioned “on the ground of mala fide[s] as otherwise every mala fide act of the executive could be protected by promulgating it in the form of an ordinance.” Regarding legislative powers in general, the Court notes that the motives of the legislature cannot be “gone into” in the courts, and that the legislature has the power to “destroy existing rights” without any obligation to hear those likely to be affected by any such law. This power is, however, subject to limitations prescribed by the Constitution: the legislature may only lay down general rules and provide a mechanism for their enforcement; it may not “specify individuals whose rights are to be taken away”. The Court examines provisions of the Constitution related to property rights and determines that the right to claim compensation only arises in cases of acquisition, and not in the case of “every deprivation of property”. It notes that “[i]f every deprivation of property was to create a corresponding right to receive compensation perhaps even taxing statutes could be questioned.” The respondents claim that a comprehensive technical study was carried out to determine which sanctioned water supply connections were technically unfeasible or detrimental to the interests of other agriculturists in the area, and so should be cancelled. The Court notes that “such scrutiny can only be undertaken upon compliance with the essential principles of natural justice.” Although the legislature is not obliged to afford a hearing to those likely to be affected by a law, when that law is questioned on the grounds of being discriminatory, “and the only basis for classification is an enquiry conducted at the level of the executive the enquiry must, at least, subscribe to the basic standards of fairness.” The Court finds that the process of scrutiny did not fulfil this requirement, and so “cannot be treated as a basis for rational classification for the purpose of legislation”. The Court rules that section 5 of the 1999 Ordinance, which cancels previous orders granting irrigation water to individuals named in the Schedule, violates article 25 of the Constitution.

PLD 1999 Kar 372 Ghulam Nabi v. Province of Sindh and others Constitutional Petitions Nos. D-159 to 163, 156 to 172, 176, 179, 180 to 183, 196 to 199, 201 to 210, 212 to 214, 217, 223, 224, 227, 232 to 235, 237, 239, 241 to 245, 253 to 255, 260, 262, 264, 265, 267, 275, 240, 256, 276 to 238, and 305 to 307 of 1999 decided on 3 June 1999 heard by: Sabihuddin Ahmed and Wahid Bux Brohi, JJ

judgement written by: Sabihuddin Ahmed, J


7.2.8 Tanvir Arif v. Federation of Pakistan, 1999 CLC 981

This ruling concerns two constitutional petitions filed in 1993 seeking to ensure the protection of wildlife and to prevent hunting of the houbara bustard in particular. The petitioner disputes the legality of an order allocating a game sanctuary in district Sanghar to a dignitary from the United Arab Emirates for the purpose of hunting the houbara bustard. The petitioner also asks that the federal and provincial governments be required to “perform their duty of protection and preservation of wildlife in Pakistan”. The Court notes that the houbara bustard is protected under the Sindh Wildlife Ordinance. Citing a 1992 ruling on the same issue, in which it was held that licences issued to Arab dignitaries for hunting the bustard are “in clear contravention of the aims, objectives, spirit and even the letter of [the] Sindh Wildlife Protection Ordinance”, the Court observes that orders were nevertheless issued subsequent to that ruling, which is “binding on all the persons in general and the respondents in particular”. The Court refers to this violation as a “very serious matter” and expects that “such acts [will] not be repeated in future”. Since the licences that are the subject of this case expired by the time this ruling was issued, the petitions are disposed of “as having become infructuous”. The Court directs that a copy of its order is sent to the “relevant authorities for future reference and guidance to act in accordance with [the] law and protect and preserve the sacred environment of the country.”

1999 CLC 981 Tanvir Arif v. Federation of Pakistan and another Constitutional Petitions Nos. D-25 and D-26 of 1993 heard on 12 August 1998 heard by: S. Saeed Ashhad and S. Ahmed Sarwana, JJ

judgement written by: S. Ahmed Sarwana, J

7.2.9 The State v. Abdullah Shah, 1998 MLD 216

In this ehtesab (accountability) reference, a former Sindh chief minister, a former secretary of the provincial land utilisation department and three others are charged with violating land allotment rules and procedures. The Court considers the question whether the wide-ranging discretionary powers of the chief minister under the provincial Rules of Business allow them to grant an exemption that would violate the provisions of another law. The Court holds that nothing in the Colonization of Government Lands Act 1912 or the Sindh Government Rules of Business 1986 empowers the chief minister to bypass procedures and inquiries required by law. In this connection, the provincial Rules of Business state that no order related to the grant of land, or to issuing leases or licences for mineral, forest or “water-power” rights, may be issued by a provincial department without the “concurrence” of the provincial finance department (section 28(i)(a)). The Court notes that, as such, unless the finance department delegates these powers specifically, the chief minister must act in consultation with that department. The other issue under consideration is whether a subordinate of the chief minister, in this case the secretary of the provincial land utilisation department, acted unlawfully by forwarding requests to the chief minister and subsequently transmitting the chief minister’s decisions to the deputy commissioner on the matter of irregular land allotments. On this point the Court finds the secretary guilty of not explicitly noting that a ban on allotments was in place and that the proposed allotment would allow the land in question to be awarded at a fraction of its market price. At the time that this judgement was issued, the chief minister was declared absconding and was to be tried “as and when he is apprehended”.

1998 MLD 216 The State v. Abdullah Shah and 4 others Ehtesab Reference No. 5 of 1997 decided on 10 September 1997


heard by: Dr. Ghous Muhammad, J

7.2.10 The State v. Muzaffar Hussain Shah, 1998 MLD 118

This accountability reference concerns a former Sindh chief minister, a decision of the local district council to provide electricity at government expense to an area where the chief minister himself owns agricultural land, and a subsequent order issued by the chief minister sanctioning funds for the scheme. The prosecution alleges that the chief minister prevailed upon the local council to carry out this work, and abused his powers by diverting public funds earmarked for other projects. The Court holds that “there is no iota of evidence” to support the prosecution’s contention and adds that, according to the provincial Rules of Business, an order passed by the chief minister is “deemed to be orders passed by the Government”. As such, the chief minister was “competent to sanction” funds for the project in question. Finding “no probability or possibility of the accused being convicted”, the Court acquits the former chief minister.

1998 MLD 118 The State v. Muzaffar Hussain Shah Ehtesab Reference No. 9 of 1997 decided on 9 August 1997 heard by: Syed Deedar Hussain Shah, J

7.2.11 Bibi Bilquis v. Sindh Land Commissioner, PLD 1994 Karachi 18

This constitutional petition concerns the cancellation under the provisions of the Land Reforms Regulations 1972 of a lease issued under the Land Reforms Regulation 1959. The petitioner is a relative of the original leaseholder, since deceased, and contends that the authorities are required by law to issue a show-cause notice before cancelling a lease. The respondents claim that actions taken under the 1972 Regulations do not need to follow procedures specified in other laws. Noting that the 1972 regulation “in clear terms” repeals the 1959 regulation, and that the Land Reforms Act 1977 “from its nature […] can only be termed as a supplementary law”, the Sindh High Court observes that the provisions of the 1972 regulation override all other laws. Since the refusal to renew the lease in question “has been done under [a] special statue overriding the principles contained in normal laws, no grievance can be made out on any legal plane.” Finding also that the petition “suffers from laches”, the Court dismisses this petition.

PLD 1994 Karachi 18 Bibi Bilquis v. Sindh Land Commissioner through Secretary, Sindh Land Commission, Office of the Sindh Board of Revenue, Hyderabad, Sindh and 3 others Constitutional Petition No. D-174 of 1987 heard on 17 August 1993 heard by: Imam Ali G. Kazi and Syed Khursheed Hyder Rizvi, JJ

judgement written by: Imam Ali G. Kazi, J

7.2.12 Society for Conservation and Protection of Environment v. Federation of Pakistan (not reported)

The petitioners in this case challenge permission granted by the Sindh government to dignitaries from the United Arab Emirates to train falcons and hunt birds in the Thatta area during the period 1991–95. They claim that while hunting of the houbara bustard is prohibited by law, and this prohibition has


been enforced “scrupulously” with respect to Pakistani citizens, the government nevertheless issues “NOCs [no-objection certificates] and exemptions” to foreigners. Besides providing detailed information concerning the conservation status of the houbara bustard, the petitioners invoke article 2-A of the Constitution, read with the Preamble, where one of the objectives of the state is to enable the “people of Pakistan [to] attain their rightful and honoured place amongst the nations of the World”,81 and contend that the actions of the government are “counter-productive” to this objective. The petitioners also refer to a Supreme Court ruling which has “included ‘environment’ in its scheme designated for the enforcement and protection of fundamental and human rights”.82 The respondents do not dispute the facts of the case and base their defence on section 40 of the Sindh Wildlife Ordinance 1972, under which the government has the power to add or exclude species from the schedules to the 1972 Ordinance, and to alter the period during which hunting is permitted. The Sindh High Court examines the definitions provided in the 1972 Ordinance and the text of sections 7 and 8, concerning prohibitions and special licences. The Court concludes that the exemption provided in section 7 applies only to game animals, “and has no bearing whatsoever on the hunting of any ‘protected animal’, hunting whereof remains absolutely prohibited.” With respect to the government’s powers under section 40 to add or remove species from the schedules, the Court observes that “this power does not appear to be absolute […] and is presumably to be exercised justly, fairly, reasonably and lawfully.” The Court takes note of the government’s commitments under various international treaties and agreements, and holds that these commitments “have a bearing upon fundamental rights guaranteed by the Constitution”. The Court finds the petitioners’ contention regarding article 2-A to be “plausible and not without merit”. In its ruling, the Court also takes into account the broader implications of the government’s actions. The impugned order does not permit Arab hunters to enter any of the protected areas designated in Thatta district, which are “recognised habitats of the protected bird”. But, as the Court notes, the “bird, for obvious reasons, being a free agent, knows no rules of confinement”. Similarly, falcons “are not equipped with any such discerning device […] and would hunt anything anywhere within their capacity and reach, if let loose to follow their natural instincts.” As such, “no amount of pious intentions, either on the part of the wildlife staff or the licence-holder, is likely to detract the falcons from swooping on the protected species.” For these reasons, the Court finds that the impugned order “demonstrably impinges upon the statutory protection” and holds it to be “in clear contravention of the aims, objectives, spirit and even the letter of the Sindh Wildlife Protection Ordinance 1972.”

Society for Conservation and Protection of Environment v. Federation of Pakistan and 4 others (not reported) Constitutional Petition No. D-1403 of 1991 heard on 16 August 1992 heard by: Mamoon Kazi and Wajihuddin Ahmad, JJ

judgement written by: Wajihuddin Ahmad, J

7.2.13 Marine Fisheries Department v. Nusratullah, PLD 1991 Karachi 301

The appellants in this case challenge the acquittal of the respondent, the managing director of a fishing company, who was released by a magistrate under section 249-A of the Criminal Procedure Code. The respondent and two others were accused of violating the terms and conditions under which they were granted permission to carry out fishing operations. The Court notes that dropping nets and using winches in the sea, even if it is solely for the purpose of testing, amounts to fishing. Although it is alleged that no fish were caught, this does not mean that “there was no evidence of fishing”. 81 See Constitution of 1972, article 2-A and the Preamble. 82 The name of this case is not mentioned in the ruling.


The Court holds that it is “not possible” to find the charges against the respondent to be groundless under section 249-A of the Code, particularly since the two others accused in the case pled guilty and were convicted. The Court accepts the appeal and sets aside the acquittal.

PLD 1991 Karachi 301 Marine Fisheries Department, Karachi v. Nusratullah, Managing Director, National Fisheries (Pakistan), Karachi Criminal Acquittal Appeal No. 212 of 1987 decided on 27 March 1991 heard by: Syed Abdur Rehman and Muhammad Hussain Adil Khatri, JJ

judgement written by: Syed Abdur Rehman, J

7.2.14 Karachi Cooperative Housing Societies Union v. Government of Sindh, 1990 MLD 389

This constitutional petition concerns revisional orders passed by an advisor to the chief minister on matters related to a dispute over land allotments to two cooperative societies. The petitioners challenge the validity of this order on the grounds that the advisor is not empowered by law to issue the order in question. The Court holds that an authority that is itself exercising delegated power cannot sub-delegate this power unless the original delegating authority has explicitly provided for it, or if sub-delegation is authorised by “necessary implication”. Since the relevant law in this case, the Cooperative Societies Act 1925, does not provide specifically for sub-delegation, the Court turns to the Constitution of 1973 and the Sindh Government Rules of Business 1986 to address this issue. According to the Constitution, executive authority for a province is vested in the governor who is empowered to frame Rules of Business for the functioning of the provincial government. The Court notes that “a rule cannot be repugnant to the provisions of the statute under which it is framed”, and that rules framed under a particular law “are deemed to be part of it, and have the same force and effect as if their provisions were included in the statute.” The same, however, does not hold true in the case of the Constitution, which is a “sacred document”. As such, provisions of the Constitution cannot be modified by framing Rules of Business. The provincial Rules of Business allow the provincial chief minister to delegate powers to an advisor but this clause was added by means of an amendment notification issued in June 1989. The orders that are the subject of this case, however, were issued in February and March of that year. The Court holds that amendments to rules do not have retroactive effect. The Court allows the petition and declares the orders issued by the advisor to be “without lawful authority and of no legal effect”.

1990 MLD 389 Karachi Cooperative Housing Societies Union Ltd. v. Government of Sindh and 6 others Constitutional Petition No. D-446 of 1989 decided on 4 December 1989 heard by: Ajmal Mian, CJ Mukhtar Ahmed Junejo, J

judgement written by: Ajmal Mian, CJ

7.2.15 Muhammad Afzal v. Assistant Political Officer, PLJ 1985 Karachi 172 [DB]

This constitutional petition is filed by a furniture manufacturer in Karachi whose brother was arrested on a warrant issued in North Waziristan and “taken away” to the tribal area. The petitioner claims his brother’s arrest was carried out in violation of section 86-A of the Code of Criminal Procedure 1898, which deals with the procedure for removal in custody to a tribal area, and fears that he too will be taken to the tribal agency since a warrant has also been issued for his arrest.


The ruling states that, under article 247 of the Constitution, a High Court has no jurisdiction over the tribal areas unless “the Parliament by law provides such jurisdiction”. The Court holds that the petitioner “has not been able to show us any affirmative legislation, enabling this Court to exercise jurisdiction in relation to cases pending before the Political Officer in North Waziristan.” The Court dismisses the petition, “but subject to an observation” that the petitioner shall not be arrested unless the provisions of section 86-A “are complied with”.

PLJ 1985 Karachi 172 [DB] Muhammad Afzal v. Assistant Political Officer/Additional District Magistrate, Miranshah, North Waziristan and 3 others Constitutional Petition No. D-166 of 1985 decided on 20 March 1985 heard by: Abdul Hayee Kureshi, CJ Tanzilur Rehman, J


7.2.16 Jamaluddin v. Shahmurad, PLD 1976 Karachi 174

This revisional application concerns a dispute over ownership of and exclusive fisheries rights in a body of water formed by the flooding of privately owned agricultural land as well as adjacent land owned by the state. The Court notes that an earlier ruling by a district judge “erred in law” by holding that the body of water in question was the exclusive property of the respondents. Since the “whole sheet of water spreading over all these lands formed […] one common lake”, water in the lake was not the exclusive property of the respondents. The Court finds that “[n]ot being ‘Private Water’, it becomes ‘Public Water’”. The Court allows the application and sets aside the earlier order.

PLD 1976 Karachi 174 Jamaluddin v. Shahmurad and 9 others Civil Revision No. 96 of 1975 decided on 31 October 1975 heard by: I. Mahmud, J

7.2.17 Abdul Majid v. Province of Sindh, PLJ 1974 Kar 404

This constitutional petition, filed by the owner of a cinema house in the city of Hyderabad, challenges an amendment ordinance promulgated by the provincial governor on the grounds that no circumstances existed that required immediate action. The Court holds that for the purposes of article 128 of the Constitution, the governor is the “sole judge as to the existence of emergency for taking an immediate action.” The ruling states that the phrase ‘notwithstanding anything in the Constitution’ (article 279) reinforces the continuance in force of all previous laws “beyond any doubt that may arise in any thing contained in the Constitution”.

PLJ 1974 Kar 404 Abdul Majid v. Province of Sindh and another Constitutional Petition 430 of 1974 decided on 6 May 1974 heard by: Abdul Kadir Shaikh and Mir Khuda Bakhsh Marri, JJ



7.2.18 Nek Muhammad v. Province of West Pakistan, PLD 1966 (WP) Karachi 314

This appeal, heard by the West Pakistan High Court, concerns a dispute over a Board of Revenue decision taken under the Land Reforms Regulation 1959, which was in force at the time. The 1959 Regulation was subsequently repealed by the Land Reform Regulations 1972. Points concerning specific provisions of the 1959 Regulation include the jurisdiction of the Board of Revenue to re-examine a decision of the deputy land commissioner and the jurisdiction of civil courts to hear cases related to revenue matters. The Court also makes certain general observations on matters related to tenure. The fact that the petitioner’s tenure depends on an annual grant, which is not under dispute, by its very nature precludes ownership rights even though the land in question has been granted to him annually for over 30 years. The Court observes that this fact is a “patent indication of the absence of title to the land”, holding that the “repeated grant of the land to the appellant does not by itself create any right or title […] or create any claim that it should be perpetually granted to him year after year.” The Court also holds, among other things, that unauthorised possession does not confer any legal right. Noting that there is no statute “applicable to the former area of Sindh, containing alluvion law”, the Court turns to English common law principles according to which land that disappears under water and re-emerges “gradually and imperceptibly” belongs to owners of the “adjoining terra firma”, whereas land that reappears “suddenly or perceptibly” belongs to the original owner.

PLD 1966 (WP) Karachi 314 Nek Muhammad v. Province of West Pakistan and 12 others Second Appeal No. 24 of 1964 decided on 20 April 1965 heard by: Qadeeruddin Ahmad, J

7.2.19 Abdullah v. the Crown, PLD 1955 Sindh 384

This suit challenges action taken by the central government after it had delegated its powers to a provincial authority. The Court holds that the delegation of powers does not amount to a renunciation or abdication of those powers on the part of the delegator. It notes that it is inherent in every delegation that the delegator “can at any time revoke the delegation and the power reverts” to them.

PLD 1955 Sindh 384 Abdullah v. the Crown Criminal Miscellaneous Application No. 353 of 1955 decided on 15 July 1955 heard by: Muhammad Bakhsh and Munshi, JJ

judgement written by: Muhammad Bakhsh, J

7.3 OTHER PROVINCIAL HIGH COURTS From 1991 onwards, a number of cases concerning pollution in general,83 and industrial emissions in particular, have been brought before the high courts in Balochistan and the Punjab.84 Similar issues were addressed by the Lahore High Court as far back as 1974.85 In these cases, the courts have ruled to address potential or actual threats to public health and the environment. Besides pollution

83 Anjum Irfan v. Lahore Development Authority (PLD 2002 Lahore 555). 84 United Welfare Association v. Lahore Development Authority, Writ Petition No. 9297 of 1991 (not reported); Rana Ishaque

v. DG EPA and others, Writ Petition No. 671 of 1995 (not reported); Abdul Qayyum v. Director General EPA (1999 PLR 640); and Shahjehan Khan v. Deputy Commissioner Pishin, Constitutional Petition No. 851 of 1999 (not reported).

85 Muhammad Yousaf v. the State (PLD 1974 Lahore 71).


concerns, the courts have heard cases related to tobacco advertising,86 the location of municipal waste dumps87 and the construction of high-rise buildings in active seismic zones.88 These decisions, too, have found in favour of the petitioners. A petition asking for a blanket ban on the hunting of and trade in wildlife was, however, dismissed as “frivolous” and an “abuse” of the legal process.89 Other cases related to natural resources have focused on trade and use, dealing with matters such as the illegal extraction of timber,90 permits for the transportation of timber91 and the unauthorised use of water.92 One decision not specifically related to natural resources is nevertheless important from the perspective of conservation. In the Abdul Ghaffar case, the court rules that the term ‘public purposes’, as it is employed in the Land Acquisition Act 1894, includes “whatever results in advantage to the public”.93 This potentially makes it possible to acquire land for other activities that result in an advantage to the public, such as conservation. Similarly, the courts have ruled that the validity of legal instruments may be tested on the “touchstone of the Constitution” and fundamental rights.94 Given the legal precedent for environmental issues to be read as fundamental rights issues, these rulings create scope for legal challenges to be mounted in the courts particularly in cases where older legislation provides insufficient protection for natural resources. The high courts have also decided on a number of general matters related to land allotments,95 the delegation of powers96 and the standing of private individuals to bring cases to the courts.97

7.3.1 Muhammad Yousaf v. Province of the Punjab, 2003 CLC 576

This writ petition concerns a solid waste dump site located in a residential area. The land in question was acquired for the purpose of establishing an industrial project for the production of energy from municipal waste. Although the project subsequently never materialised, the municipal authorities used the land as a garbage dump. The Lahore High Court notes that the land in question is not being used for the purposes for which it was acquired but refrains from issuing findings on this matter since it is the subject of pending litigation. The fact that the dump site poses a threat to the inhabitants of the area, and pollutes the air and the land, is not disputed by the respondents who by their own admission have attempted albeit unsuccessfully to address the issue. The Court observes that “hundreds of [people] must have died in the said locality due to the various diseases caused by the dumping of solid waste, but […] nobody could come forward to highlight these muffled atrocities being ‘showered’ by the public functionaries over the innocent citizens.” The Court considers it to be a matter of common knowledge that “pollution creates dangerous gases etc. which are injurious not only to human life, but also to the lives of animals, birds and plants.” Citing the broad interpretation of the ‘right to life’ as spelled out in the Shehla Zia case, as well as the precautionary principle as discussed in that ruling, the Court holds that “pollution is [a] form of slow poisoning”. The Court also refers to the Anjum Irfan case. It directs the municipal authorities to make, within a period of one year, alternate arrangements for the dumping of solid waste so that “the lives of 86 Pakistan Chest Foundation v. Government of Pakistan (1997 CLC 1379). 87 Muhammad Yousaf v. Province of the Punjab (2003 CLC 576). 88 Begum Saida Qazi Isa v. Quetta Municipal Corporation (PLD 1997 Quetta 1). 89 M.D. Tahir v. Provincial Government (1995 CLC 1730). 90 Rahim Shah v. Government of NWFP (PLD 1982 Peshawar 93). 91 Aurangzeb Shah v. Government of NWFP (PLD 1975 Peshawar 238). 92 Ahman v. Additional Commissioner (PLD 1971 Lah 979). 93 Abdul Ghaffar v. Province of Balochistan (KLR 1983 Civil Cases 427). 94 Star Flour Mills v. Province of Punjab (PLD 1996 Lahore 687); and Balochistan Bar Association v. Government of

Balochistan (PLD 1991 Quetta 7). 95 Nusrat Ullah Chaudhry v. Government of the Punjab (PLD 1994 Lahore 353). 96 Abdul Ghani v. Chief Settlement Commissioner (PLD 1964 [WP] Lahore 214); Nasim Fatima v. Government of West

Pakistan (PLD 1967 Lahore 103); and Imtiaz Gohar v. Additional Commissioner (1990 MLD 1912). 97 Muhammad Sharif v. Federation of Pakistan (1989 CLC 1387); and M.D. Tahir v. Federation of Pakistan (PLD 1996 Lahore

658).


[tens] of thousands of people and their future generation[s] could be saved from the catastrophe of pollution.”

2003 CLC 576 Muhammad Yousaf and 15 others v. Province of the Punjab through Secretary, Local Government and 6 others Writ Petition No. 20406 of 1998 heard on 30 September 2002 heard by: Mian Hamid Farooq, J

7.3.2 Anjum Irfan v. Lahore Development Authority, PLD 2002 Lahore 555

This writ petition concerns implementation of PEPA 1997. Citing a Punjab government study on air, water and noise pollution, the petitioner asks the Lahore High Court to direct the government officials who are respondents in this case to carry out their “statutory duties in accordance with law” in order to ensure a pollution-free environment. After hearing the statements of various experts and amicus curiae, in addition to the parties in this case, the Court observes that the PPC, Easements Act 1882 and Factories Act 1934, as well as the codes of civil and criminal procedure, contain provisions related to certain types of pollution: the PPC chapter on public nuisance has the “sole object” of safeguarding public health and safety; under the Easements Act, riparian owners enjoy the right to use water from a natural stream “without any obstruction or pollution”; and the Factories Act requires factory owners to make arrangements for the proper disposal of waste and effluent. Offences involving the pollution of water under section 227 of the PPC do not require “any particular mens rea […] because every one has a duty of care based on common sense”, and the direct discharge of effluent into rivers or the sea is actionable “at the instance of those who are aggrieved by the pollution caused”. Citing a 1980 Supreme Court ruling from India which upheld the move, the Court notes that [in India] a magistrate may invoke powers under section 133 of the Criminal Procedure Code “in the interests of the society” to preserve and improve the environment. In addition to local and international legal sources, the Court examines verses from the Quran and theological commentaries on the topics of purity and pollution. The Court holds that the “[m]ere framing of [a] law does not provide good results unless the law is strictly implemented”, and directs the respondents in this case to implement the provisions of PEPA 1997 “in letter and spirit”. The Court also suggests various measures for combating pollution including tree plantation and the use of solar energy, and points to the role of the media in creating public awareness.

PLD 2002 Lahore 555 Anjum Irfan v. Lahore Development Authority through Director-General and others Writ Petition No. 25084 of 1997 decided on 14 June 2002 heard by: Ch. Ijaz Ahmad, J

7.3.3 Shahjehan Khan v. Deputy Commissioner Pishin, 2001 (not reported)

This constitutional petition concerns the establishment of tobacco grinding mills in the vicinity of the Killi Lumaran village in Balochistan. The mills in question, which were originally to be set up within the municipal limits of Pishin, were the subject of an earlier case, contested up to the Supreme Court, at which stage the parties agreed to a compromise under which the mills would be shifted to a new site some 2,000 feet from the Killi Lumaran village. The petitioners maintain that the mills were ordered out of Pishin because of pollution concerns and the potential health hazards, and that this same nuisance would now be caused in the village. The respondents, meanwhile, argue that many mill owners have already expended funds and started construction at the new site, and that the area itself was earmarked for development as an industrial


area. They also point out that the residents of the village had given their prior approval to the allotment of land in the area. The Balochistan High Court holds that, under the circumstances, it would be “very unfair” to order the removal of the mills in question. The Court allows construction of the mills to be completed and tobacco grinding operations to commence, “provided that the air outside the building is not polluted and no health hazards are caused”. It directs the municipal authorities and the Environmental Protection Agency to ensure that construction is carried out “in a manner that air be safe from pollution”, ordering “expert opinion” to be sought if necessary.

Shahjehan Khan Chairman Action Committee v. Deputy Commissioner Pishin (not reported) Constitutional Petition No. 851 of 1999 announced on 19 March 2001 heard by: Amanullah Khan and Fazal-ur-Rehman, JJ

judgement written by: Amanullah Khan, J

7.3.4 Abdul Qayyum v. Director General EPA, 1999 PLR 640

This writ petition concerns enforcement of the provisions of PEPA 1997. The petitioners seek a writ of mandamus against the EPA and other respondents, asking that they be directed to use their powers under PEPA 1997 to tackle the problem of noise and other emissions created by industrial units operating in a residential area. The petitioners claim that no action has been taken in this connection despite the fact that they had approached the respondents on a number of occasions. The Court observes that the provisions of PEPA 1997 are comprehensive, and that agencies and authorities created under the Act have been given the powers to lay down and enforce emission standards. The Court issues a mandamus direction to the EPA and other respondents to deal with the matter in accordance with the provisions of PEPA 1997.

1999 PLR 640 Abdul Qayyum, etc. v. Director General (EPA), etc. Writ Petition No. 4101 of 1995 decided on 6 April 1999 heard by: Karamat Nazir Bhandari, J

7.3.5 Begum Saida Qazi Isa v. Quetta Municipal Corporation, PLD 1997 Quetta 1

This case concerns the construction of high-rise buildings in Quetta, which lies in a highly active seismic zone. Although one building in particular, under construction on land adjacent to the petitioners’ home, is the catalyst for this case, the petitioners raise the issue of high-rise construction throughout the city. Arguments focus on the validity of the Quetta Municipal Earthquake Proof Building Code 1937, which prohibits the construction of high-rises, and which the respondents claim is no longer in force, based on the principle of implied repeal. The Balochistan High Court determines that while more recent local government, municipal and building control laws have been enacted, the 1937 Building Code was never specifically repealed and that the principle of implied repeal does not apply in this case because the 1937 Building Code does not come into conflict with more recent legislation. On the issue of the petitioners’ standing to bring this suit, the Court observes that public interest litigation “can be initiated for judicial redress for public injury by a person not personally hurt”. The Court rules that “the entire population of Quetta cannot be allowed to be put in danger for the benefit of [a] few builders” but does not order the demolition of high-rises that have already been constructed. Similarly, buildings under construction are to be completed up to the height that has already been built. But all future construction must be carried out in accordance with the 1937


Building Code. The Court allows the petition without awarding “exemplary costs” sought by the petitioners.

PLD 1997 Quetta 1 Begum Saida Qazi Isa and 2 others v. Quetta Municipal Corporation through Administrator and 5 others Civil petition No. 125 of 1995 decided on 11 July 1996 heard by: Amir-ul-Mulk Mengal and Javed Iqbal, JJ

judgement written by: Amir-ul-Mulk Mengal, J

7.3.6 Pakistan Chest Foundation v. Government of Pakistan, 1997 CLC 1379

The petitioners seek an order from the Lahore High Court, banning tobacco advertising on television and radio. Among the many points to be decided in this case are questions of the petitioners’ standing to bring this suit, the application and interpretation of various articles of the Constitution, and the extent to which an earlier Supreme Court ruling in a similar case is binding. In this detailed judgement, the Lahore High Court observes that in matters related to public interest litigation, a “more liberal meaning” must be assigned to the terms ‘aggrieved party’ and ‘aggrieved person’. The Court holds that this type of litigation may be initiated by a “public spirited person or body of persons” and notes that “such a person/society/NGO acts as a friend of the Court” by helping the superior judiciary to discharge its obligation to “preserve, protect and defend the Constitution”. In such cases, all persons “whether natural or juristic” are equally competent to move the courts. The Court observes that in public interest cases, the courts in this country “quite often enter upon [a] new area, called ‘judicial activism’ by exercising ‘investigative jurisdiction’.” Citing the Shehla Zia case, where the word ‘life’ as it appears in article 9 of the Constitution was interpreted broadly to include quality of life and similar considerations, the Court finds that the same broad meaning also applies to the word as it is used in article 4 of the Constitution. Referring to article 4(2)(a), the Court notes that when an order is issued that “invades upon the rights of a citizen”, there must exist “contemporaneously a law which would authorise such a course” of action. Since no law exists allowing tobacco advertisements or radio and television, and since this advertising has been shown to be detrimental to human health, article 4(2)(a) is “directly contravened”. The Court also finds that tobacco advertising violates article 9 of the Constitution because “even creating conditions which adversely affect the health of the citizens would amount to deprivation of life within the meaning of article 9.” Noting that a similar petition was moved in the Supreme Court and dismissed in 1994, the Lahore High Court examines the question whether that ruling serves as a binding precedent. The Court observes that a decision of the Supreme Court is binding on lower courts on principles of law when the questions involved have been “actually and finally decided”. If the Supreme Court leaves a matter open or makes an observation that is tentative, then that decision is not binding. Similarly, rulings involving the application of principles of law are ”not so binding but are merely illustrations”. The Court finds that “no express and final determination” was made in the 1994 ruling. In addition, the Court notes that the Supreme Court ruling was based on insufficient facts and material presented in that particular case, and that matters related to fundamental rights may be “adjudicated afresh” in the light of new data provided. The Lahore High Court orders a ban on tobacco advertising, to come into effect three years from the date of the ruling.

1997 CLC 1379 Pakistan Chest Foundation and others v. Government of Pakistan and others Writ Petition No. 14433 of 1994 heard on 4 March 1997 heard by: Muhammad Aqil Mirza, J


7.3.7 M.D. Tahir v. Federation of Pakistan, PLD 1996 Lahore 658

The petitioner in this case claims to be “aggrieved by the parliamentary system of governance” and seeks an order from the Court directing the federal government to hold a referendum on the issue of introducing a presidential system. The main issue to be decided in this case focuses on the criteria according to which a petitioner may be considered an aggrieved party for the purposes of article 199(1) of the Constitution. On this point, the Court notes that for a petition to be maintained under this article, the personal or proprietary rights of the petitioner must be “adversely affected”. The Court finds the petitioner’s contention to be “misconceived”. On the matter of issuing orders to executive authorities generally, the Court notes that the judiciary does not interfere in matters related to the exclusive domain of the executive authorities unless it is shown that the authority in question is acting illegally. Similarly, where discretionary powers are awarded to executive authorities, the courts cannot direct the authorities in question to exercise those powers.

PLD 1996 Lahore 658 M.D. Tahir v. Federation of Pakistan Writ Petition No. 2800 of 1996 decided on 12 August 1996 heard by: Sharif Hussain Bokhari, J

7.3.8 Muhammad Irfan v. District Magistrate Bhakkar, PLD 1996 Lahore 90

The appellant in this case challenges a district magistrate’s order withdrawing permission for the use of loudspeakers in a mosque. The respondents claim the loudspeakers were being used to incite sectarian sentiments. The Court holds that since the prohibitions stipulated in the West Pakistan Regulation and Control of Loud Speakers and Sound Amplifiers Ordinance 1965 do not apply to the use of loudspeakers and amplifiers for the purposes of the azaan (call to prayer) and khutba (sermon), the district magistrate’s order is “without lawful authority”. Taking note of the respondents’ concerns regarding the fomenting of sectarian tensions, the Court observes that the respondents are free to take action in cases where loudspeakers are being misused.

PLD 1996 Lahore 90 Muhammad Irfan v. District Magistrate, Bhakkar Intra-Court Appeal No. 601 in Writ Petition No. 1520 of 1993 heard on 29 October 1995 heard by: Malik Muhammad Qayyum and Raja Muhammad Sabir, JJ

judgement written by: Malik Muhammad Qayyum, J

7.3.9 Star Flour Mills v. Province of Punjab, PLD 1996 Lahore 687

This consolidated ruling concerns 11 constitutional petitions challenging a 1996 notification issued under the Punjab Foodstuffs (Control) Act 1958 to prohibit the movement of wheat and other flour products from the province. The Lahore High Court observes that although the 1958 Act is a valid piece of legislation, under article 168 of the Constitution both the law itself and any notification issued under it may nevertheless be “tested [on] the touchstone of the Constitution”. The Court finds that the 1958 Act itself only allows restrictions to be placed on the movement of food items within the province, and does not apply to inter-provincial trade. Article 151 of the Constitution, meanwhile, makes it clear that although the


provincial government possesses limited powers to restrict inter-provincial trade, these powers may be used only in cases of a “real emergency” and only with the consent of the president. The province does not, however, have any authority to issue orders or notifications on this subject. The Court sets aside the notification in question, declaring it to be ultra vires and illegal.

PLD 1996 Lahore 687 Star Flour Mills v. Province of Punjab and others Writ Petition No. 9982 of 1996 decided on 4 July 1996 heard by: Ihsan-ul-Haq Chaudhry, J

7.3.10 M.D. Tahir v. Provincial Government, 1995 CLC 1730

The petitioner in this case asks for a blanket ban on the hunting, killing, “caging”, trading and eating of wild birds and animals, arguing that these acts are “illegal, cruel, unjust and un-Islamic”. The petitioner relies on various sources to support this claim, including newspaper reports, a federal government directive issued in 1971 and verses from the Quran. The Court agrees that hunting “just for fun” is not permitted in Islam and that it is “not right to make a living creature a target for the sake of recreation alone”. At the same time, however, the Court observes that the hunting and trading of wild animals and birds is not prohibited outright in Islam. According to Islam, “animals and birds on earth are meant for the use of human beings for the purpose of transportation, cultivation of land and for eating”. The Court notes that the petitioner in this case is “in fact pleading for Buddhism rather than following the injunctions of Islam”. Besides consulting religious texts, the Court refers to article 18 of the Constitution, under which all citizens are free to carry out trade unless prohibited by law. The Court observes that the trading of birds and animals is not prohibited by law. In dismissing this petition, which is found to be “frivolous” and a “clear abuse of process of Court [sic]”, the Court cites a 1990 ruling of the Supreme Court of India where it was held that “[w]e must protect the society from the so-called protectors”.98

1995 CLC 1730 M.D. Tahir, Advocate and another v. Provincial Government, through its Secretary, Forest Department, Lahore and another Writ Petitions Nos. 984, 17554 and 4714 of 1993, and 11204 of 1994, and Criminal Order No. 269-W of 1994, heard on 16 March 1995 heard by: Ch. Mushtaq Ahmad Khan and Ch. Khurshid Ahmad, JJ

judgement written by: Ch. Mushtaq Ahmad Khan, J

7.3.11 Nusrat Ullah Chaudhry v. Government of the Punjab, PLD 1994 Lahore 353

This writ petition concerns the cancellation of an allotment which the petitioners contend was done without affording them an opportunity to be heard. Observing that it is an “established principle of law” that no man shall be condemned unheard, the Lahore High Court notes that this rule of natural justice is not applicable to court proceedings alone but “extends to all proceedings by whomsoever held, which may affect the person or property or other rights of the parties concerned”. The Court finds that the petitioners were not given this opportunity. The cancellation orders are declared to be illegal and the petition is accepted.

PLD 1994 Lahore 353 Nusrat Ullah Chaudhry and 2 others v. Government of the Punjab through Secretary, Cooperative Department, Lahore and 2 others

98 Chhetriya Pardushan Mukti Sangharsh Samiti v. State of U.P. and others (AIR 1990 SC 2060).


Writ Petition No. 13258 of 1993 decided on 23 February 1994 heard by: Sh. Ijaz Nisar, J

7.3.12 Balochistan Bar Association v. Government of Balochistan, PLD 1991 Quetta 7

This consolidated ruling concerns 18 petitions challenging the Criminal Law (Special Provisions) Ordinance 1968 and the Civil Law (Special Procedure) Ordinance 1968. Before considering the specific points in the case, the ruling covers the history of special laws in the province of Balochistan. In considering the points raised by the petitioners, the Court notes that the judiciary is not “more superior in dignity to the legislature”. It is nevertheless the duty of the judiciary to ensure that organs of the state do not act in violation of the Constitution. The Court describes this role as that of “a ‘watch-dog’ or the ‘balanced wheel’ […] to ensure that no organ of the State should transgress into the realm of another and hence to keep the equilibrium.” The Court notes that ‘equality before the law’ and ‘equal protection of the law’ are different concepts, and that there is nothing unconstitutional about framing separate laws to deal with specific circumstances as long as the same law applies to all persons to whom the special circumstances also apply, since this amounts to a reasonable and discernable distinction. With regard to the status and validity of laws, the ruling states that the courts are not concerned about the “good or bad aspects” of a law but only whether the law in question had been validly enacted and conforms to constitutional requirements. While the primary responsibility of the judiciary is to interpret the law, the courts also have a duty to review any law “on the touchstone of legislative competence or fundamental rights or any limitations imposed by the Constitution.” Legislation cannot, however, be challenged in the courts on the grounds of necessity, the sole judge of which is “the law-giver”.

PLD 1991 Quetta 7 Balochistan Bar Association through President Balochistan Bar Association and others v. Government of Balochistan through the Chief Secretary, Balochistan and others Constitutional Petitions Nos. 8, 17, 18, 57, 58, 63, 77, 83, 95, 79, 98, 106, 107, 113, 136, 141, 150 and 213 of 1990 heard on 16 August 1990 heard by: Mir Hazar Khan Khoso, CJ Amir-ul-Mulk Mengal, J

judgement written by: Amir-ul-Mulk Mengal, J

7.3.13 Imtiaz Gohar v. Additional Commissioner, 1990 MLD 1912

This ruling concerns six writ petitions that challenge the validity of administrative decisions on appeal against orders issued under statutory rules by an official to whom that particular power has not been delegated by statute. The Lahore High Court holds that there must be express or implied statutory authority to delegate, and that sub-delegation of powers is not permitted. According to the ruling, action taken by an official who does not have statutory authority is invalid and judicial powers delegated by statute to one official may not be delegated to another official by administrative action.

1990 MLD 1912 Imtiaz Gohar and others v. Additional Commissioner and others Writ Petitions Nos. 63 to 68 of 1990 decided on 16 June 1990 heard by: Fazal Karim, J


7.3.14 Muhammad Sharif v. Federation of Pakistan, 1989 CLC 1387

In this writ petition, the plaintiff questions the executive authority of the federal government to initiate a development programme for sectors that are not included in either constitutional legislative list and would therefore fall within the exclusive jurisdiction of the provinces. The Lahore High Court dismisses this petition, holding that a private citizen does not have standing to bring suit on an issue arising between the federal government and a provincial government. The Court also notes that jurisdiction to hear a case arising out of a dispute between the federal government and a province lies exclusively with the Supreme Court according to article 184 of the Constitution, and not with provincial high courts.

1989 CLC 1387 Muhammad Sharif v. Federation of Pakistan Writ Petition No. 2238 of 1989 decided on 10 May 1989 heard by: Zia Mahmood Mirza and Munir A. Sheikh, JJ


7.3.15 Abdul Ghaffar v. Province of Balochistan, KLR 1983 Civil Cases 427

This constitutional petition concerns the acquisition of land for public purposes under the Land Acquisition Act 1894. The petitioners in this case, who owned land in a housing scheme, challenge the procedure through which the acquisition was carried out. The purpose for which the land was acquired (the construction of a cement factory) is not called into question. The Court observes that the term ‘public purposes’ as it is employed in the 1894 Act is defined in the broadest sense “with a view to enlarging the meaning”. Citing a 1952 decision of the Indian Supreme Court, the Court notes that “the definition of the term is elastic and takes its colour from the statute in which it [occurs], the concept varying with the time and state of society and its needs.” The Court holds that acquisition for public purposes “includes whatever results in advantage to the public and any work [from] which the public can in any way derive benefits whether by direct use of the work or by enjoyment of the fruits of activities carried out [on the land].” As such, the point to be determined is whether acquisition is in the “general interest of the community” or serves only the private interests of an individual. On the technical points raised by the petitioners, the Court finds the objections to be “without any substance” and dismisses the petition.

KLR 1983 Civil Cases 427 Abdul Ghaffar and 2 others v. Province of Balochistan through Secretary, Revenue Quetta and 4 others Constitutional Petition No. 225 of 1983 decided on 2 may 1983 heard by: Abdul Qadeer Chaudhary and Muftakhir-ud-Din, JJ

judgement written by: Muftakhir-ud-Din, J

concurring opinion written by: Abdul Qadeer Chaudhary, J

7.3.16 Rahim Shah v. Government of NWFP, PLD 1982 Peshawar 93

This writ petition concerns timber that was taken illegally from a guzara (wasteland) forest located in what was then Hazara Division. The petitioner challenges the authority of forest officials to compound offences related to illegal felling in guzara forests, asking the Court to restrain the respondents from


“condoning in future the acts of illicit cutting” and to order the respondents to distribute amongst the rightsholders the monies realised. After a detailed examination of relevant clauses of the Hazara Forest Act 1936 and the Hazara Management of Waste Lands (Guzara) Rules 1950, the Peshawar High Court determines that forest officials were acting within the law which allows them to compound offences within guzara forests. It observes that “the wisdom of the legislature […] cannot be questioned” in the courts but notes that the petitioner’s claim of misuse of powers “is not without substance”. On the second matter, however, the Court observes that compensation extracted from the offenders by way of punishment, along with the cost of timber taken, cannot be credited to the government account. Noting that the “mere fact that such timber has been extracted as a result of [an] illegal or unauthorised act […] would not change or affect the ownership rights” of the parties concerned, the Court holds that this amount should be distributed amongst landowners of the village within which the guzara forest is located.

PLD 1982 Peshawar 93 Rahim Shah v. Government of NWFP and others Writ Petition No. 90 of 1976 decided on 9 February 1982 heard by: Faiz Muhammad Khan and Ali Hussain Qazilbash, JJ

judgement written by: Faiz Muhammad Khan, J

7.3.17 Nizam Khan v. Additional District Judge, Lyallpur, PLD 1976 Lahore 930

This writ petition concerns a dispute over the maintenance of grandchildren by their grandfather, a point on which no clear provisions were to be found in statutory law at the time. The matter to be decided in this case is whether Islamic principles of law are to be applied in cases where statutory law is silent. This detailed ruling examines judicial trends in British India as well as in Pakistan, and explores in depth provisions of the 1973 Constitution related to the duty of state organs to enable citizens to order their lives according to the principles of Islam. The Lahore High Court holds that where the law is silent on a particular issue or leaves a matter up to the discretion of the court, the case is to be decided in accordance with Islamic principles of equity, justice and good conscience.

PLD 1976 Lahore 930 Nizam Khan v. Additional District Judge, Lyallpur and others Writ Petition No. 1257 of 1968 decided on 16 February 1976 heard by: Muhammad Afzal Zullah, J


7.3.18 Hamid Khan Durrani v. Government of West Pakistan, PLD 1975 Lahore 237

This consolidated judgement concerns three writ petitions challenging the validity of a flat rate levied in addition to other water charges. The Lahore High Court observes that the levy in question was imposed via a notification which “has all the characteristics” of a rule issued under the Canal and Drainage Act 1873, and as such “has the force of law”. The Court rules that the petitioners are liable to pay the additional levy. On the issue of whether or not this levy is reasonable, the Court holds that “the wisdom underlying the imposition of a levy on a flat rate […] is a matter which should be taken up with the rule-making authority”. The petitions are found to be “without merits” and are dismissed.

PLD 1975 Lahore 237 Hamid Khan Durrani and 11 others v. Government of West Pakistan through Secretary, Irrigation Department, Civil Secretariat, Lahore and another Writ Petition No. 1780 of 1968 decided on 15 May 1974 heard by: Nasim Hasan Shah, J

7.3.19 Aurangzeb Shah v. Government of NWFP, PLD 1975 Peshawar 238

This ruling concerns seven separate petitions challenging the government’s refusal to grant transport permits for timber. The petitioners, who obtained the necessary permission to cut walnut trees, were subsequently denied transport permits under the provisions of a government directive that banned the cutting and transport of walnut. The Peshawar High Court observes that since the trees in question were cut “long before” the government directive was issued, “we have not been able to see any wisdom in the impugned action of the respondents”. In addition, the Court also takes up the issue of whether the directive itself has the force of law. On this matter it notes that the direction banning the cutting of walnut was “evidently based on ecological consideration[s]”, a policy that appears to be “laudable”, but to implement this policy the government should have introduced amendments to the law. Without the approval of the legislature, the Court determines that the directive in question “cannot even be looked into by a court of law”. The Court holds that the decision not to grant transport permits was “evidently illegal”, accepts the petitions and directs the respondents to issue the necessary permits.

PLD 1975 Peshawar 238 Aurangzeb Shah v. Government of NWFP and 2 others Writ Petition No. 109 of 1974 decided on 7 May 1975 heard by: Ghulam Safdar Shah, CJ Qaisar Khan, J

judgement written by: [not specified]

7.3.20 Muhammad Yousaf v. the State, PLD 1974 Lahore 71

The petitioner in this case, who owns a factory located in a primarily residential area, installed heavy machinery that was found to be creating noise, emitting “noxious fumes” and producing vibrations so severe as to cause cracks in the walls of nearby buildings. Residents of the locality appealed to the provincial governor, who referred the matter to a district magistrate. While these proceedings were under way, a temporary injunction was sought under section 142 of the Criminal Procedure Code


1898, prohibiting the petitioner from operating certain machines in his factory. After making a personal visit to the area, the magistrate granted the injunction. This revision petition challenges the validity of that stay order. The Lahore High Court observes that the magistrate is both empowered to issue an injunction and “under an obligation” to do so because the “danger to health [and] physical discomfort caused to the community was not only imminent but was in fact a present and continuing nuisance.” Citing an earlier decision of the High Court in Dacca, the Court notes that even a lawful trade carried out under a licence constitutes a public nuisance if it is found to be “injurious to the physical comfort of the community”. The Court rules that, in such cases, affected parties are not required to move the courts immediately: “[t]he complaint in such a case is not like an FIR [first information report] in a criminal case, where even a delay of a few days or hours is looked upon [with] suspicion.” The Court upholds the stay order and remands the case to the magistrate with instructions to continue hearing evidence and “finish the case within a shortest possible period”.

PLD 1974 Lahore 71 Muhammad Yousaf v. the State and another Criminal Revision No. 1283 of 1971 decided on 18 December 1972 heard by: Aslam Riaz Hussain, J

7.3.21 Ahman v. Additional Commissioner, PLD 1971 Lah 979

The petitioners in this case, landowners who were found to have breached a distributary and taken water illegally, contest the legality of special charges imposed on them by way of a penalty under the Canal and Drainage Act 1873. The main point under consideration in this ruling concerns section 33 of the Act pertaining to the illegal use of water supplied through a watercourse. The Lahore High Court concurs with the petitioners who argue that the provisions of this section apply exclusively to watercourses, as defined in the Act, and not to canals. The Court observes that the term ‘canal’ is defined broadly in the Act to include watercourses, whereas the definition of the term ‘watercourse’ is restricted in scope and meaning. As such, whenever the law refers specifically to a watercourse, that clause may not be interpreted to refer to canals as well. The distributary in question was constructed and maintained by the government, and so falls within the category of canal as defined in the Act. For this reason, provisions of section 33 do not apply. The respondents claim that this lacuna was removed by means of an amendment to the rules framed under the Act. This amendment, made by means of a notification issued in 1930, substituted rule 33, thereby allowing for a charge to be levied in cases of unauthorised use of canal water. On this point the Court holds that “rules cannot go beyond the substantive provisions contained in the Act”. Since the Canal and Drainage Act itself contains no provisions related to the unauthorised use of canal water, the amended rule 33 is “ultra vires of the Act in so far as it seeks to levy special charges in respect of canal water.” It may be noted that in the Punjab this lacuna in the law was removed by means of a 1975 amendment which substituted section 33; the amended text of this section refers to both canals and watercourses. Although the decision in this case is based on the above considerations, the Court proceeds to consider other points raised in the petition since they are of “general importance”. Concerning the inquiries that were conducted by canal officials prior to imposing the levy, the Court observes that “it is incumbent on the statutory authority concerned to apply its own independent mind to the questions raised” and that the order passed by the divisional canal officer “falls short of the requisite standard”. The order cannot, however, be set aside on these grounds because “[t]his defect stood cured by the appellate authority [which] fully applied its mind to the relevant questions.”


The Court accepts the petition, declaring the order authorising the special levy to be “of no legal effect”.

PLD 1971 Lah 979 Ahman and 32 others v. Additional Commissioner (Revenue), Lahore Division, Lahore and another Writ Petition No. 1143 of 1962 decided on 3 March 1971 heard by: Anwarul Haq, CJ Muhammad Afzal Khan, J

judgement written by: Anwarul Haq, CJ

7.3.22 Nasim Fatima v. Government of West Pakistan, PLD 1967 Lahore 103

This is a consolidated ruling on eight writ petitions challenging the delegation of powers under the Defence of Pakistan Ordinance 1965. The West Pakistan High Court holds that in delegating to executive authorities the power to make rules and regulations for the purpose of implementing statutory provisions, the legislature neither delegates legislative functions nor creates a parallel legislature. The Court notes that the principle of delegating rule-making authority is well established, and observes that a statute specifying its objectives and laying down policy or guiding principles under which rules and regulations may be framed does not delegate legislative functions.

PLD 1967 Lahore 103 Nasim Fatima v. Government of West Pakistan and Superintendent, Central Jail, Dera Ismail Khan Writ Petition No. 657 of 1966 decided on 13 July 1966 heard by: S.A. Mahmood, M. Jamil Asghar and Shaukat Ali, JJ

judgement written by: S.A. Mahmood, J

7.3.23 Abdul Ghani v. Chief Settlement Commissioner, PLD 1964 (WP) Lahore 214

This writ petition challenges the delegation of powers under the Displaced Persons (Compensation and Rehabilitation) Act 1958. The West Pakistan High Court holds that when a statutorily competent authority delegates powers to a subordinate authority, the delegating authority does not give up those powers, and may impose conditions on the exercise of the delegated power and review decisions made by the subordinate authority. The Court also notes that a subordinate authority to whom a power is delegated does not have the authority to further delegate that power.

PLD 1964 (WP) Lahore 214 Abdul Ghani v. Chief Settlement and Rehabilitation Commissioner Pakistan and another Writ Petition No. 87/R of 1961 decided on 24 January 1964 heard by: Muhammad Yaqub Ali, Sajjad Ahmad Jan and Jamil Hussain Rizvi, JJ

judgement written by: Muhammad Yaqub Ali, J

Annex 1 177

ANNEX 1: LEGISLATIVE POWERS, 1947–1973 The allocation of legislative powers, as specified in the Government of India Act 1935, Constitution of the Islamic Republic of Pakistan 1956, Constitution of the Republic of Pakistan 1962 and Constitution of the Islamic Republic of Pakistan 1973, is shown in the following table. Schedule Powers Section/Article Government of India Act 1935 Seventh Federal 100(1). The Federal Legislature has, and a Provincial Legislature has not, power to

make laws with respect to any of the matters enumerated in List I in the Seventh Schedule to this Act (hereinafter called the “Federal Legislative List”).

100(4). The Federal Legislature has power to make laws with respect to matters enumerated in the Provincial Legislative List except for a Province or any part thereof.

Provincial 100(3). The Provincial Legislature has, and the Federal Legislature has not, power to make laws for a Province or any part thereof with respect to any of the matters enumerated in List II in the said Schedule (hereinafter called the “Provincial Legislative List”).

Concurrent 100(2). The Federal Legislature, and, subject to the preceding sub-section, a Provincial Legislature also, have power to make laws with respect to any of the matters enumerated in List III in the said Schedule (hereinafter called the “Concurrent Legislative List”).

Residuary 104. Residual powers of legislation. — (1) The Governor-General may by public notification empower either the Federal Legislature or a Provincial Legislature to enact a law with respect to any matter not enumerated in any of the Lists in the Seventh Schedule to this Act, including a law imposing a tax not mentioned in any such list, and the executive authority of the Federation or of the Province, as the case may be, shall extend to the administration of any law so made, unless the Governor-General otherwise directs.

Constitution of the Islamic Republic of Pakistan 1956 Fifth Federal 106(1). Parliament shall have exclusive power to make laws with respect to any of the

matters enumerated in the Federal List. 106(4). Parliament shall have power to make laws with respect to matters enumerated

in the Provincial List, except for a Province or any part thereof. Provincial 106(3). A Provincial Legislature shall have exclusive power to make laws for a Province

or any part thereof with respect to any of the matters enumerated in the Provincial List.

Concurrent 106(2). Parliament, and subject to clause (1) a Provincial Legislature also, shall have power to make laws with respect to any of the matters enumerated in the Concurrent List.

Residuary 109. Residuary power of legislation. — Subject to the provisions of Articles 107 and 108, the Provincial Legislature shall have exclusive power to make laws with respect to any matter nor enumerated in any list in the Fifth Schedule, including any law imposing a tax not enumerated in any such list; and the executive authority of the Province shall extend to the administration of any law so made.

Constitution of the Republic of Pakistan 1962 Third Federal 131(1). The Central Legislature shall have exclusive power to make laws (including

laws having extra-territorial operation) for the whole or any part of Pakistan with respect to any matter enumerated in the Third Schedule.

131(5). The Central Legislature shall have power to make laws for any part of Pakistan not forming part of a Province with respect to any matter.

Provincial 132. Provincial law-making powers. — A Provincial Legislature shall have power to make laws for the Province, or any part of the Province, with respect to any matter other than a matter enumerated in the Third Schedule.

Residuary 131(2). Where the national interest of Pakistan in relation to — (a) the security of Pakistan, including the economic and financial stability of Pakistan; (b) planning or co-ordination; or

Annex 1 178

(c) the achievement of uniformity in respect of any matter in different parts of Pakistan, so requires, the Central Legislature shall have power to make laws (including laws having extra-territorial operation) for the whole or any part of Pakistan with respect to any matter not enumerated in the Third Schedule.

131(3). If — (a) it appears to the Assembly of a Province to be desirable that a matter not enumerated in the Third Schedule should be regulated in the Province by an Act of the Central Legislature; and (b) a resolution to that effect is passed by the Provincial Assembly, the Central Legislature shall have power to make laws having effect in the Province with respect to that matter, but any law made in pursuance of this power may be amended or repealed by an Act of Provincial Legislature.

Constitution of the Islamic Republic of Pakistan 1973 Fourth Federal 142(a). [Majlis-e-Shoora (Parliament)] shall have exclusive power to make laws with

respect to any matter in the Federal Legislative List […] Concurrent 142(b). [Majlis-e-Shoora (Parliament)], and a Provincial Assembly also, shall have

power to make laws with respect to any matter in the Concurrent Legislative List […]

Residuary 142(c). A Provincial Assembly shall, and [Majlis-e-Shoora (Parliament)] shall not, have power to make laws with respect to any matter not enumerated in either the Federal Legislative List or the Concurrent Legislative List […]

142(d). [Majlis-e-Shoora (Parliament)] shall have exclusive power to make laws with respect to matters not enumerated in either of the Lists for such areas in the Federation as are not included in any Province.

Source: Desk study for Environmental Law in Pakistan, 2006.

Annex 2 179

ANNEX 2: SUBJECT MATTER JURISDICTION, 1947-73 The following table traces the history of subject matter jurisdiction, as specified in the Government of India Act 1935 and the Pakistan Constitutions of 1956–73. Subject Jurisdiction 1935 1956 1962 1973 Land, Tenure delimitation of cantonment areas F F F F lands and buildings vested in, or in the possession of [the government] for the purposes of the federation (not being naval, military or air force works) but, as regards property situated in a province, subject always to provincial legislation, save in so far as federal law otherwise provides

F - - F

property of the federation situated in any province and revenue from such property - F - - property of the centre, wherever situated, and the revenue from such property - - F - lands and buildings vested in or in the possession of [the government for the purposes of] the province

P P - -

compulsory acquisition of land P - - - compulsory acquisition or requisitioning of property - P - - land, rights in or over land, land tenures, including the relation of landlord and tenant, collection of rent

P P - -

colonisation P P - - land improvement and agricultural loans P P - - encumbered and attached estates P - - treasure trove P P - - wills, intestacy, and succession, save as regards agricultural land C - - C transfer, alienation and devolution of agricultural land P P - - transfer of property other than agricultural land C - - C registration of deeds and documents C - - C evacuee property - C - C flood control - P Forests, Timber forests P P - - Fisheries fishing and fisheries beyond territorial waters F F - F fisheries P P - - Wildlife, Fauna and Non-Timber Flora protection of wild birds and wild animals P P - - prevention of cruelty to animals C P - - botanical, zoological surveys - P - - Protected Areas not mentioned - - - - Freshwater water, water supplies, irrigation and canals, drainage and embankments, water storage

P P - -

Coastal and Marine not mentioned - - - - Urban and Rural Development works vested in, or in the possession of [the government] for the purposes of the federation (not being naval, military or air force works) but, as regards property situated in a province, subject always to provincial legislation, save in so far as federal law otherwise provides

F - - F

Annex 2 180

works vested in or in the possession of [the government for the purposes of] the province

P P - -

Agriculture agriculture P P - - protection against pests, prevention of plant diseases P P - - [preservation, protection and] improvement of stock P P - - prevention of animal diseases, veterinary training and practice P P - - pounds and the prevention of cattle trespass P P - - Extractive Industry—Mining, Petroleum regulation of labour and safety in mines and oilfields F - - C regulation of mines and oilfields and mineral development to the extent to which such regulation and development under Federal control is declared by federal law to be expedient in the public interest

F - - -

regulation of mines and oilfields and mineral development subject to the provisions of List I with respect to regulation and development under federal control

P - - -

regulation of mines and mineral development, subject to Federal List and Concurrent List

- P - -

petroleum, so far as regards possession, storage and transport F - - - gas and gasworks P P - - mineral oil and natural gas - F F F coal and mineral products, except mineral oil and natural gas - C - - geological surveys - F F F Pakistan Industrial Development Corporation - - - F Non-Extractive Industry, Commercial Operations industries - P - - industries connected with defence - F F - development of industries, where development under federal control is declared by federal law to be expedient in the public interest

F - - F

development of industries, subject to the provisions in List I with respect to the development of certain industries under federal control

P - - -

industries, owned wholly or partially by the federation/central government, or by a corporation set up by the federation/centre

- F F -

Pakistan Industrial Development Corporation - - - F iron and steel products - C - - factories C P - - regulation of labour and safety in factories - - - C commercial and industrial monopolies, combines and trusts - C - - hospitals and dispensaries P P - - trade and commerce within the province P P - - markets and fairs P P - - boilers C P - C incorporation, regulation and winding-up of trading, banking, insurance and financial corporations (not including co-operative societies), and of corporations, whether trading or not, with objects not confined to one province/unit, but not including universities — not including municipal and local bodies (1956, 1962) — not including corporations owned or controlled by a province and carrying on business only within that province (1973)

F F F F

incorporation, regulation, and winding-up of corporations, not being corporations specified in List I or universities; unincorporated trading [subject to Federal List]

P P - -

insurance and corporations, subject to Federal List - C - - regulation of the conduct of insurance business, except as respects business undertaken by a province

- - - F

Annex 2 181

Taxation duties of customs, including export duties F F F F corporation tax F F F F taxes on income other than agricultural income F F F F taxes on agricultural income P P - - taxes on the sale of goods [until 31 March 1950] F - - - taxes on sales and purchases - F F - taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed

- - - F

taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies

F F - -

taxes on the capital value of assets, not including taxes on capital gains and immovable property

- - F -

taxes on the capital value of the assets, not including taxes on capital gains on immovable property

- - - F

duties with respect to succession to property F - F F estate duty with respect to property F - F F estate duty with respect to agricultural land - P - - estate and succession duties with respect to property other than agricultural land - F - - duties with respect to succession to agricultural land - P - - terminal taxes on goods or passengers carried by railway or air F - - - terminal taxes on goods or passengers carried by sea or air - F F - terminal taxes on goods or passengers carried by railway - P - - terminal taxes on goods or passengers carried by railway, sea or air - - - F taxes on railway fares and freights F - - - taxes on sea and air fares and freights - F F F land revenue, including assessment and collection of revenue, maintenance of land records, survey for revenue purposes and record of rights, and alienation of revenue

P P - -

duties of excise on tobacco and other goods manufactured or produced in Pakistan except — (a) alcoholic liquors for human consumption; (b) opium, Indian hemp and other narcotic drugs and narcotics; non-narcotic drugs; and (c) medicinal and toilet preparations containing alcohol, or any substance included in sub-paragraph (b) of this entry

F - - -

duties of excise including duties on salt but not including duties on alcoholic liquor, opium and other narcotics

- F F F

duties of excise on the following goods manufactured or produced in the Province and countervailing duties as the same or lower rates on similar goods manufactured or produced elsewhere in Pakistan — (a) alcoholic liquors for human consumption; (b) opium, Indian hemp and other narcotic drugs and narcotics; non-narcotic drugs; and (c) medicinal and toilet preparations containing alcohol, or any substance included in sub-paragraph (b) of this entry

P P - -

taxes on the capital value of agricultural land - P - - taxes on lands and buildings P P - - taxes on hearths and windows P - - - taxes on mineral rights, subject to any limitations imposed by any Act of the Federal Legislature relating to mineral development

P - - -

taxes on mineral rights, subject to Federal List and to any limitations imposed by law relating to mineral development

- P - -

taxes on mineral oil and natural gas - F F F taxes on minerals for use in the generation of nuclear energy - - F F taxes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of the taxes and duties specified in entries 44, 47, 48 and 49 or in lieu of any one or more of them

- - - F

taxes on professions, trades, callings and employments F P - -

Annex 2 182

taxes on professions, trades, callings and employments [subject to section 142-A] P - - - taxes on animals and boats P P - - taxes on vehicles suitable for use on roads, whether mechanically propelled or not, including tramcars

P P - -

taxes/cesses on the entry of goods into a local area P P - - taxes on boats, launches and steamers on inland waters - P - - dues on passengers and goods carried on inland waterways P P - - taxes on goods and passengers carried by road - P - - tolls P P - - taxes on luxuries including entertainments, amusements, betting and gambling P P - - taxes on the consumption or sale of electricity [subject to section 154-A] P - - - taxes in the consumption or sale of electricity - P - - Investment—Domestic and Foreign banking, excluding co-operative banking, with objects and business not confined to one province

- F - -

banking, subject to Federal List - C - - central banking - - F other banking, not including co-operative banking, with objects and business not confined to one province

- - F -

conduct of banking business by corporations other than corporations owned or controlled by a province and carrying on business only within that province

- - - F

stock exchanges and futures markets with objects and business not confined to one province

- F F F

stock exchanges and futures markets, subject to Federal List - C - - foreign loans - F F F foreign aid - - - F contracts including partnership, agency, contracts of carriage, and other special forms of contract but not including contracts relating to agricultural land

C - - C

bankruptcy and insolvency C - - C Transport maritime shipping and navigation F - - F shipping and navigation on tidal waters F P - F navigation and shipping (including coastal shipping but not including shipping confined to one province)

- F F -

coastal shipping confined to ports within one province - P - - admiralty jurisdiction F F F F piracy and offences committed on the high seas and in the air - F F - shipping and navigation on inland waterways as regards mechanically propelled vessels

C - - C

carriage of passengers and goods on inland waterways C - - C inland waterways [subject to the provisions of List III with regard to such waterways]

P P - -

lighthouses [including lightships, beacons] and other provisions for the safety of shipping and aircraft

F F F F

major ports, declaration and delimitation of such ports, constitution and powers of port authorities

F F F F

ports, subject to Federal List P P - - aircraft and air navigation; the provision of aerodromes; regulation and organisation of air traffic and aerodromes

F F F F

carriage of passengers and goods by sea or by air F - - F national highways and strategic roads - - - F roads, bridges, ferries, and other means of communication not specified in List I P P - -

Annex 2 183

regulation of all railways other than minor railways with respect to safety, maximum and minimum rates and fares, station and service terminal charges, interchange of traffic and the responsibility of railway administrations as carriers of goods and passengers

F - - -

federal railways F - - - railways - P - F regulation of minor railways with respect to safety and the responsibility of the administrations of such railways as carriers of goods and passengers

F - - -

minor railways P P - - municipal tramways P P - - ropeways P P - - vehicles other than mechanically propelled vehicles P - - - mechanically propelled vehicles C - - C vehicles, including mechanically propelled vehicles - P - - Energy, Hydroelectric Power electricity C P - C water power P P - - Pakistan Water and Power Development Authority - - - F mineral oil and natural gas - F F F gas and gasworks P P - - nuclear energy, mineral resources necessary for the generation of nuclear energy - F F F production of nuclear fuels; generation and use of nuclear energy; ionising radiation

- - F F

Tourism inns and innkeepers P P - - tourism - - F C Import, Export import and export across customs frontiers F F F F trade and commerce with foreign countries - F F F standards of quality for goods to be exported - F F F Phytosanitary, Quarantine port quarantine F - - F inter-provincial quarantine - C - - quarantine, including hospitals connected therewith - - F - prevention of the extension from one province/unit to another of infectious or contagious diseases or pests affecting men, animals or plants

C - - C

prevention of the extension from one province to another of infectious or contagious diseases

- P - -

Inter-Provincial Trade trade and commerce between the provinces - F F - inter-provincial trade and commerce - - - F Research Institutions agricultural education and research P P - - federal agencies and institutes for research, or for the promotion of special studies [and special research]

F F - F

scientific and other societies and associations P - - - scientific and industrial/technological research - C - F scientific societies and associations - P - - [national] libraries, museums, and similar institutions controlled or financed by the federation

F F F F

libraries, museums and other similar institution controlled or financed by the province

P - - -

Annex 2 184

libraries, museums - P - - education, including universities P P - - co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions

- P - -

[federal] meteorological organisations - F - F meteorology and meteorological observation - - F - Drugs, Pharmaceuticals drugs and medicines - - - C poisons and dangerous drugs C C - C narcotic drugs; production, manufacture, possession, transport, purchase and sale of opium and other narcotic drugs but subject, as respects opium, to the provisions of List I and, as respects poisons and dangerous drugs, to the provisions of List III

P - - -

opium (cultivation) F P - C opium (manufacture) F P - C opium (sale for export) F - - F opium (sale) - P - - Other environmental pollution and ecology - - - C treaties and agreements with other countries [conventions, declarations and other agreements]

F F F F

international organisations; participation in international bodies and implementing of decisions made thereat

- F F -

ancient and historical monuments; archaeological sites and remains F - - C ancient and historical monuments declared to be of national importance - C F - ancient historical monuments - P - - explosives F - - C manufacture of explosives - F F - explosives, subject to Federal List - C - - liquids and substances declared by federal law to be dangerously inflammable F - - F public health and sanitation P P - - adulteration of foodstuffs and other goods P P - - charities and charitable institutions; charitable and religious endowments P P - - institutions, establishments, bodies and corporations administered or managed by the federal government immediately before the commencing day; all undertakings, projects and schemes of such institutions, establishments, bodies and corporations, industries, projects and undertakings owned wholly or partially by the federation or by a corporation set up by the federation

- - - F

Key C: concurrent F: federal P: provincial Source: Desk study for Environmental Law in Pakistan, 2006.

Annex 3 185

ANNEX 3: MULTILATERAL ENVIRONMENTAL AGREEMENTS

Pakistan’s participation in multilateral environmental agreements is shown in the table below. Agreement Status (date) Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Accession (26 July 1994)

Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention)

Ratification (23 July 1976)

Convention on Biological Diversity (CBD) Ratification (26 July 1994) Cartagena Protocol on Biosafety (Cartagena Protocol) Signature (4 June 2001) Convention on the Conservation of Migratory Species of Wild Animals (CMS) Signature * Convention on the International Maritime Organization (IMO) Party √ * Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

Accession (20 April 1976)

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention 72) (LDC)

Party √ *

Convention on Wetlands (Ramsar) Party √ * International Convention for the Prevention of Pollution from Ships (Annex I & II) (MARPOL)

Party √ *

International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)

Accession (2 September 2003)

Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol)

Accession (18 December 1992)

Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides International Trade (PIC)

Ratification (14 July 2005)

South Asia Co-operative Environment Programme (SACEP) Member (1982) Stockholm Convention on Persistent Organic Pollutants (POPs) Signature (6 December 2001) United Nations Convention on the Law of the Sea (Law of the Sea) Declaration (26 February 1997) United Nations Convention to Combat Desertification (UNCCD) Ratification (24 February 1997) United Nations Framework Convention on Climate Change (UNFCCC) Ratification (1 Jun 1994) Kyoto Protocol to the UNFCCC (Kyoto Protocol) Accession (11 January 2005) Vienna Convention for the Protection of the Ozone Layer (Vienna Convention) Accession (18 December 1992) Key * : Date not available √ : Party to the agreement; information on whether by ratification or accession is not available. Source: IUCN Regional Environmental Law Programme, 2006.

TThhee WWoorrlldd CCoonnsseerrvvaattiioonn UUnniioonn ((IIUUCCNN))

Created in 1948, The World Conservation Union (IUCN) brings together 81 States, 114 government agencies, 800 plus NGOs, and more than 11,000 scientists and experts from 181 countries in a unique worldwide partnership. IUCNÕs mission is to influence,encourage and assist societies throughout the world to conserve the integrity and diversity of nature and to ensure that any use of natural resources is equitable and ecologically sustainable.

IUCN is the worldÕs largest environmental knowledge network and has helped over 75countries to prepare and implement national conservation and biodiversity strategies. IUCN isa multi-cultural, multilingual organization with some 1000 staff located in 62 countries. Itsheadquarters are in Gland, Switzerland.

IUCN Pakistan has five programme offices in cities from the north to the south, multiple fieldoffices and a large portfolio of projects. It is one of the 7 Country Offices of IUCNÕs AsiaProgramme, covering 17 countries with a workforce of nearly 500.

http://www.iucn.org

The designation of geographical entities in this book, and the presentation of the material, donot imply the expression of any opinion whatsoever on the part of IUCN concerning the legalstatus of any country, territory, or area, or of its authorities, or concerning the delimitation ofits frontiers or boundaries.

The views expressed in this publication do not necessarily reflect those of IUCN.

Published by: IUCN, Environmental Law Programme.

Copyright: '2007 International Union for Conservation of Nature and Natural Resources.Reproduction of this publication for educational and other non-commercial purposes isauthorised without prior permission from the copyright holder, providing the source is fullyacknowledged.

Reproduction of the publication for resale or for other commercial purposes is prohibited without prior written permission from the copyright holder.

Citation: IUCN Pakistan (2007). Environmental Law in Pakistan Ñ Sindh. IUCN Pakistan, Country Office, Sindh Programme, Karachi, Pakistan. 184 pp.

Series General Editor: Partricia F. Moore

Series Editor: Firuza Pastakia

Design: Creative Unit (Pvt) Ltd.

Layout: Azhar Saeed, ECK Group, IUCN Pakistan.

Available from: The World Conservation Union (IUCN)Pakistan Country OfficeSindh Programme1 Bath Island RoadKarachi 75530, PakistanTel.: ++92-21-5861540/41/42Fax: ++92-21-5861448, 5835760

During the last two decades, environmental law in

Pakistan has matured into a legal discipline with its

own identity. It is defined in the broadest sense to include

the management of biological and other natural resources

as well as the control of pollution and hazardous materials.

The environmental legal regime in force in the country

today consists of legislation enacted over a period of more

than 125 years, covering subjects that range from species

to sectors to activities. The law governing natural resource

management in Pakistan is compiled and analysed in

these volumesÑa unique resource to be used now, to

ensure the future.

Documents

Environmental Lawin Pakistan