Law:

Section:

(a) Punjab Local Government Ordinance (VII of 1979)-------Ss. 51 & 62---Comparison of Ss.51 & 62, Punjab Local Government Ordinance, 1979. A perusal of clause (xxv) of section 51 of the Local Government Ordinance, 1979 would show that private markets had been specifically excluded from the functions which may be performed by the Zila Council thereunder. The provisions contained in clauses (xxxix-a) and (xxxix-b) of section 51 were not to be read in isolation but as a whole and alongwith other relevant provisions of the Ordinance. Section 62 specifically dealt with the subject of private markets, which included private cattle markets, which was self-contained enactment and did not in any manner control private individual to hold private markets in the limits of local council under a licence granted to him by the Municipal Committee under -the aforesaid section. In these circumstances, it was not possible to hold that section 51 will prevail over section 62 in so far as the rights of urban local council in regulating the private markets were concerned. By no rule of interpretation, the provisions of section 62 are subordinate to the provisions of section 51. Taj Din and 4 others v. Zila Council Kasur and 3 others PLD 1990 Lah. 269 ref. (b) Interpretation of statutes--- ---- Legislature having made a special provision for a separate subject, presumption would be that subsequent general enactment was not intended to interfere with the special provision unless same manifested that intention very clearly. (c) Punjab Local Government Ordinance (VII of 1979)--- ----Ss. 51 (xxxix-a) & 62---Holding of cattle fair---Authority---Contention that provisions as contained in S.51 of the Ordinance exclusively authorized Zila Council to establish cattle fair market, was untenable---Provision of S.62, Punjab Local Government Ordinance, 1979 clearly authorised Municipal Committee the holding of private cattle market under a licence to be issued by the Committee itself. PLD 1975 Lah. 748 ref. (d) Punjab Municipal Act (III of 1911)--- ----S. 187---"Fair"---Connotation---Term "fair" was comprehensive enough to include "market". ---[Words and phrases]. (e) Punjab Local…

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