Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 9

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 9 read with Central Government Notification No. F-1 (1)/65-SP dated 17-6-65-Provincial Government entrusted with powers of Central Government - Appointment of a former Additional Settlement Commissioner as a Settlement Commissioner by afresh order passed b? Provincial Government-Such order of Provincial Government not inconsistent with previous order passed by Central Government. Where the contention was that since the delegation to the Provincial Government by the Notification No. F-1(1)/65-SP dated 17-6-65 was subject to the conditions laid down therein, the third condition whereof prevented the Provincial Government from varying the previous orders of the Central Government whereby a person M stood appointed as Additional Settlement Commis sioner, the subsequent order passed by the West Pakistan Govern ment appointing M as Settlement Commissioner was invalid being insistent with the previous order of the Central Government. Held: Under Notification-dated 17th June, 1965, the functions of the Central Government under the Displaced Persons (Compensation and Rehabilitation) Act. 1958, have been entrusted to the Provincial Government. Under the provisions of subsection (1) of section 9, the Central Government may, inter alia, appoint Settlement Commissioners for the performance of duties and func tions assigned to them by or under this Act and may, by general or special order, provide for the distribution or allocation of work. to be performed by them. The performance of this function having been entrusted to the Provincial Government, the said. Government could make appointments of Settlement Commis sioners. (b) Constitution of Pakistan (1962), Art. 143-Delegation of powers to Provinces-Functions of Central Government entrusted to Provincial Government-No restrictions exist as to mode or manner in which Provincial Government can exercise such functions. Abid Hassan Minto for Appellants. Date of hearing: 17th February 1969.   ORDER DR. NASIH HASSAN SHAH, J.-By an order dated 12-7-66 passed in Writ Petition No. 1343/R-62, by Mr. Justice Abdul Hamid, the case relating to the…