Law:

Section:

(a) West Pakistan Municipal Committee Octroi Rules, 1964-----Rr. 2, 31 & 225-Words and phrases -Words "these rules" occurring in section-Have ordinary and natural meaning and not curtailed to rules appearing in particular Chapter-Rule 31 empowers Government to suspend provisions of any rule contained in West Pakistan Municipal Committee Octroi Rules, 1964.-[Words arid phrases]. (b) West Pakistan Municipal Committee Octroi Rules, 1964- --- R. 225 read with rr. 31 & 32-vires of orders-Power conferred by r. 31-Relates to relaxation of provisions of Rules-Impugned order containing two directions : (i) respondents' bid at auction not fit to be accepted ; (ii) right to collect octroi to be leased to appellant-Can not be described as order under r. 31 for relaxation of provisions of r. 225-Rules not permitting Municipal Committees to lease out right to collect octroi by private treaty, impugned order, held. contrary to Rules and as such ultra vires Government's powers under r. 31. (c) West Pakistan Municipal Committee Octrol Rules, 1964--- ---Rr. 31 & 225 read with North-West Frontier Province People's Local Government Ordinance (III of 1972), Ss. 61, 62 & 63 read with rr. 54, 56 & 59-Powers of Government under Ss. 61, 62 & 63-Relate to administrative control over Municipal Committees and to be exercised for "purposes of this Ordinance" in public interest to ensure Municipal Committees acting in conformity with law-Auction of right to collect octroi revenue held with unnece3sary haste and as such bound to lead to a loss of revenue-Government's action in not sanctioning highest bid at such auction, held, not open to criticism--Government's decision to lease out right of collection of octroi duty to another person by private treaty on a sum higher than that of the highest bidder at previous auction, however, defeating express limita­tions placed on its powers under Ss. 54, 56 & 59, held, without lawful authority. Merej Din v. IYoor Muhammad and others 1970 S C M R 542 : Munshi Muhammad and another v. Faizanul Haq and another 1971 S C M R 533 and Babu Parvez Qureshi v. Settlement Commissioner, Multan & Bahawalpur Division, Multan and…

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