Law:

Section:

Pakistan Engineering Council Act (V of 1976) Ss. 2, 3, 8, 25 & 27 Construction and Operation of Engineering Works Bye laws, 1987, Bye law 3 Constitution of Pakistan (1973), Art. 185(3) ¬Vires of Bye law 3 Pakistan Engineering Council, a statutory body framed and published Bye laws, 1987, Bye laws 3 whereof provided that no engineering work would be constructed or operated except by a contractor licensed as such by the Engineering Council Respondents as approved contractors registered with other statutory corporations challenged the vires of Bye laws 3 in Constitutional petitions High Court declared that Bye laws 3 was beyond the scope of authority vesting in Pakistan Engineering Council under S. 8, Pakistan Engineering Council Act, 1976 relating to functions specified therein Validity Pakistan Engineering Council cannot perform its functions under S. 8 of the Act satisfactorily and appropriately unless it is able to regulate activities of all those who undertake professional engineering work and, therefore, not only the profession of engineering but also professional engineering work has been included within the scope and purpose of Pakistan Engineering Council Act, 1976 Section 8, Pakistan Engineering Council Act, 1976 was not the only provision in the Act which specified scope and purpose of the Act but there were other provisions too, which had to be taken into account for determining its scope and purpose viz, S. 27 and S. 2(k) of the Act High Court's failure to give adequate attention thereto, had led it to erroneous conclusion Judgment of High Court to the effect that Bye laws 3 of Bye laws framed under S. 25, Pakistan Engineering Council Act, 1976 was ultra vices was set aside in circumstances. JUDGMENT NASIM HASAN SHAH, J These three appeals, by leave of this Court, are directed against the judgment of a Division Bench of the Sindh High Court, dated 10th August, 1989, by which the Constitution petitions instituted by the respondents in the three appeals were accepted and Bye Law No.3 of Bye Laws called the "Construction and Operation of Engineering Works Bye Laws, 1979," framed under section 25 of the Pakistan Engineering Councils Act, 1976, was…

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