Law: N.W. F. P. Local Government Ordinance (III of 1972)

Section: 4 (1) (2), 5

(a) Basic Democracies Order [18 of 1959]  Arts. 93, 60 & 93--Notification No. BD1/1-13/69, dated 2nd October 1969 item 14 and West Pakistan Local Councils (Imposition of Taxes) Rules, 1961, r. 7-Delegation of powers-Power available to an authority under certain enactment to make bye-law or issue notification -- Wrong or inaccurate indication of source of such power-Held, does not invalidate bye-law or notification-Delega tion having been made under Art. 93 of Basic Democracies Order, 1959 wrong mention of r. 8 in item 14 of notification does not invalidate entire notification,-[Delegation of powers]. (b) N.-W.F.P. People's Local Government Ordinance (III of 1972) S. 4 (1) & (2), Basic Democracies Order [18 of 1959] Notification No. BDI/1-13/69, dated 2nd October, 1969-Dele gation of powers-Repeal of Basic Democracies Order by S. 4(1) of Ordinance III of 1972-Does not affect notification issued under Basic Democracies Order and saved by S. 4(2) of Ordinance= Notification while Ordinance 1972 holding field, held, remained operative and empowered Commissioner to accord sanction.-[Dele gation of powers]. (c) N.-W. F. P. People's Local Government Ordinance (III of 1972) S. 5 and N.-W. F. P. Local Government Ordinance (IV of 1979) read with West Pakistan General Clauses Act (VI of 1956), S. 23 Notification No. BDI/1-13/69, dated 2nd October, 1969 issued under B. D. O., 1959-Notification dated 2nd October, 1969-Not inconsistent with either of two Ordinances and being not super seded by any other notification, continued to hold field, by virtue of S. 23 of Act VI of 1956 even if saving clauses did not exist in said Ordinance-Notification delegating power to Commissioner for according previous sanction to levy taxes in case of District Council, Commissioner, held, cannot be said to have= no power or jurisdiction to accord sanction. (d) N.-W.F.P. Local Government Ordinance (IV of 1979) S. 188 and Notification dated 21st August, 1979 issued under N.-W.F.P. People's Local Government Ordinance (lII of 1972), so long as Local Councils under 1979 Ordinance not constituted all authorities exercising power, under 1972 Ordinance continued to perform…