Law: West Pakistan Land Reforms Regulation, 1959

Section: 64

(a) West Pakistan Land Reforms Regulation [M. L. R. No. -64 (C. M. L. A.'s)], para. 10-Interpretation-Construction and meaning of Explanation to para. 10-Beneficlaries and their classes under para. 10. Martial Law Regulation No. 64 was promulgated on 9-2-1959. The " Explanation", to put in other words, means that for the purpose of section 10 beneficiaries will be those who are receiving benefit at present i.e., on 9-2-1959, and that it will be those persons who are to be taken note of and not any past beneficiaries or future beneficiaries as reckoned from this date. The reasons for so holding are manifold : (1) firstly, the "Explanation" attached to section 10 of the Regulation is of a restrictive kind which is aimed at narrowing down the range of beneficiaries and not to enlarge it. It is clear from the phraseology used, which says, that the term "beneficiary does not include", such and such person. The object of such an "excluding clause", is obvious, and that is, that though all those persons who may have been beneficiaries from the beginning to the end of the wakf are beneficiaries of the wakf in a general sense, but for the purpose of the law in hand, it is intended to make only those who are receiving a present advantage at the time when the Regulation has come into force. (ii) Secondly, the language used is "to whom no present advantage accrues", tinder the wakf and not "accrued". 1n other words the word "accrues" is used in present tense and not in past tense, with the result that only those persons, advantage to whom at present is accruing, are to be considered as beneficiaries and no others. (iii) Thirdly, the words "future" and "present" are used with reference to the date of the promulgation of the Martial Law Regulation i.e., 9-2-1959, whereafter and from which date all private wakfs of land are to stand abolished and the land included in those wakfs is to be appropriated in the manner laid down in the said Regulation. Appropriation is to be made for presently-advantage-receiving-beneficiaries and not for any past beneficiaries or any future…