Law:

Section:

Construction and Operation of Engineering Works Bye-laws, 1987--Bye-laws 3 & 4--=Pakistan Engineering Council Act (V of 1976), Preamble & S. 8---Constitution of Pakistan (1973), Art. 185(3)---Vires of Bye-laws 3 & 4 of Construction and Operation of Engineering Works Bye-laws, 1987 assailed as ultra vires of provisions of Pakistan Engineering Council Act, 1976--­Conflicting views expressed in two s of Supreme Court (1995 SCMR 802 and PLD 1995 SC 701) wherein functions of Pakistan Engineering Council had been elucidated required to be harmonised and reviewed so that scope of inconsistency was totally eliminated---Leave to appeal was, thus, granted to determine whether Bye-laws 3 & 4, Construction and Operation of Engineering Works Bye-laws, 1987 were intra vires of Pakistan Engineering Council Act, 1976 and whether the Council was competent to undertake registration of contractors and perform those functions specified by Bye-laws of 1987, if the same were intra vires. Pakistan Engineering Council and another v. Afzal Anwar Associates and another 1995 SCMR 802 and Fida Hussain v. The Secretary, Kashmir Affairs and Northern Affairs Division, Islamabad and another PLD 1995 SC 701 ref. Barrister Zafarullah Khan, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioner. Abid Hassan Minto, 'Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondent No.3. Date of hearing: 15th January, 1997. ORDER MUKHTAR AHMAD JUNEJO, J.---Leave to appeal is sought against a judgment, dated 21-5-1995 dismissing Intra-Court Appeal, No.585 of 1994 of the petitioner. Petitioner, a contractor, filed Writ Petition No.4747 of 1994 in Lahore High Court challenging registration of the contractors and operators with Pakistan Engineering Council. The petition was contested by respondent No.3/Pakistan Engineering Council constituted under Pakistan Engineering Council Act, 1976 (hereinafter mentioned as the Act). During hearing of the Writ Petition the main attack on behalf of the petitioner was against Bye-laws 3, and 4 of the Construction and Operation of Engineering Works Bye-laws, 1987 (hereinafter mentioned as the bye-laws) promulgated under…

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