Law final notes:

Labor law:

The Constitution of Pakistan includes various protections for labour rights, which are outlined in the section called
Part II: Fundamental Rights and Principles of Policy. These provisions aim to ensure fair treatment and opportunities
for workers. Here are some simplified explanations of these rights:

No slavery, forced labour, or child labour: Article 11 of the Constitution states that all forms of slavery, forced labour,
and child labour are strictly prohibited. This means that no one can be forced to work against their will, and children
must be protected from exploitative labour practices.

Example: If a young boy is being made to work in a factory under harsh conditions and for long hours, it would go
against the Constitution's protection against child labour.

Freedom of association and forming unions: Article 17 guarantees the right to freedom of association, which means
workers have the right to join or form unions to collectively protect their rights and negotiate with employers.

Example: If a group of employees working in a company decides to form a union to advocate for better working
conditions and fair wages, they are exercising their constitutional right to freedom of association.

Right to choose a profession or trade: Article 18 allows citizens to pursue any lawful profession, occupation, trade, or
business of their choice. It ensures that individuals have the freedom to engage in their preferred work and earn a
living.

Example: A person who has a passion for cooking can pursue a career as a chef without any legal barriers, as long as
they follow the laws related to food safety and hygiene.

Equality before the law and non-discrimination: Article 25 guarantees the right to equality before the law, ensuring
that no one can be discriminated against based on their sex. This provision promotes fair treatment and equal
opportunities for both men and women.

Example: If a female employee is denied a promotion solely because of her gender, it would be a violation of the
Constitution's principle of equality before the law.

Just and humane working conditions: Article 37(e) emphasizes the importance of providing fair and humane working
conditions for employees. It particularly highlights the need to protect children and women from being engaged in
work that is unsuitable for their age or gender. It also addresses the provision of maternity benefits for women in
employment.

Example: A law that sets limits on the number of hours employees can work in a week, ensuring they have adequate
rest and time for personal activities, would align with the Constitution's objective of securing just and humane
working conditions.

These constitutional provisions work together to safeguard the rights of workers, promote fairness, and create a
conducive environment for labor-related matters in Pakistan.

Labor legislation:

Pakistan's labour laws have their roots in legislation inherited from India during the partition of the Indo-Pak
subcontinent. These laws have since evolved to adapt to the country's socio-economic conditions, industrial
development, population growth, trade union activity, literacy levels, and government's commitment to
development and social welfare. To address these aspects, the government of Pakistan has implemented several
labour policies, adjusting them based on shifts in governance from martial law to democratic rule.
According to the Constitution, labour is considered a "concurrent subject," meaning both the Federal and Provincial
Governments have a responsibility in this area. However, to maintain consistency, the Federal Government enacts
laws, and the Provincial Governments can then create their own rules and regulations specific to their respective
regions.

To put it simply, labour laws ensure that workers are treated fairly and receive their rights at work. These laws cover
a wide range of industries and professions. For instance, a factory worker who is entitled to minimum wages, safe
working conditions, and rest breaks is protected under labour laws. Similarly, an office employee who has the right
to fair treatment, equal pay for equal work, and cannot be discriminated against due to their gender or religion is
also safeguarded by these laws.

In Pakistan, there is a significant labour force of approximately 37.15 million people. Out of this total, around 47%
work in agriculture, 10.50% are employed in the manufacturing and mining sector, and the remaining 42.50% are
engaged in various other professions.

Labour laws in Pakistan aim to ensure that workers are not exploited and are provided with fair treatment,
reasonable working conditions, and opportunities for growth and development. These laws play a crucial role in
protecting the rights and well-being of employees across various sectors in the country.

Contract employment:
According to Article 18 of the Constitution, every citizen of Pakistan has the right to choose their profession or
business. In 1968, the Industrial and Commercial Employment (Standing Orders) Ordinance was introduced to
regulate the relationship between employers and employees and establish the terms of employment. This law
applies to all industrial and commercial establishments employing 20 or more workers and aims to ensure job
security.

For workers in other types of establishments like households, farms, or those engaged by contractors on a
temporary basis, their employment contracts are usually not written down. Instead, these contracts can still be
enforced by courts based on oral evidence or past practices.

Let's imagine a situation where Ali is hired as a factory worker. The factory he works at has more than 20 employees,
so it is covered by the Industrial and Commercial Employment (Standing Orders) Ordinance. When Ali gets hired, his
employer must give him a formal appointment letter. This letter will include important information such as the type
of job he will be doing, the duration of his employment, the salary he will receive, any additional benefits he is
entitled to, and the terms and conditions of his employment.

The purpose of this law is to make sure that workers like Ali have a clear understanding of their employment
conditions and are protected by having formal contracts in place. This allows employees to know their rights, duties,
and the benefits they can expect from their employers.

Termination contract of the employee:

if you have a permanent job, your employer cannot fire you without a valid reason, except for cases of misconduct. If
your employer wants to terminate your employment, they must give you at least one-month notice or pay you for
that month instead. This payment should be based on the average amount you earned in the last three months.
However, for other types of workers, like temporary or contract workers, there is no requirement for notice or
payment if their employment ends.

Whenever your employment is terminated, it should be done in writing and the reasons for the termination should
be clearly stated. If you disagree with the decision to terminate your employment, you can take action under the
Industrial Relations Ordinance 2002, which is a law that regulates the relationship between workers and employers.
You can explain your complaint in writing to your employer, either by yourself, through a representative called a
shop steward, or through your trade union. But remember, you must do this within three months from the date your
employment was terminated.
Termination from a job can come in different forms such as being removed, retrenched, discharged, or dismissed. To
prevent unfair treatment or abuse of power by employers, the Labor Courts have the authority to investigate and
intervene. They will examine if there was a violation of fair treatment and natural justice in your case, and determine
if the employer's actions were done in good faith or not.

For example, imagine Sarah is a permanent employee at a store. If her employer wants to fire her, they are required
to give her a one-month notice or payment in lieu of notice. Let's say Sarah's average monthly salary for the past
three months was $1,000. If she is terminated, her employer must pay her $1,000 as compensation for that month.
However, if Sarah is a temporary worker, her employer can end her employment without any notice or payment.

If Sarah strongly believes that her termination was unfair or unjust, she has three months to write a complaint to her
employer, shop steward, or trade union, explaining her grievance. The Labor Courts will then investigate the
situation and determine if her employer acted properly or not.

Working Time and rest Time

Under the Factories Act, 1934, adult employees (those who are 18 years or older) cannot work for more than nine
hours a day or 48 hours a week. Young people under the age of 18 cannot work for more than seven hours a day or
42 hours a week. This law applies to factories with ten or more workers, but some provinces may extend it to
factories with as few as five workers.

If a factory is seasonal and engaged in specific manufacturing processes like cotton ginning or tea production, adult
workers should not work for more than 50 hours a week or 10 hours a day. However, if the work requires continuous
operation, they can work up to 56 hours a week.

For shops and commercial establishments not covered by the Factories Act or Mines Act, the West Pakistan Shops
and Establishments Ordinance, 1969 limits weekly work hours to 48 hours.

In mines, the Mines Act, 1923 sets the weekly work hours at 48 hours or 8 hours per day, with a maximum of 12
hours spread over the day and a one-hour rest interval every six hours. For work done below ground level, the
spread-over is limited to 8 hours.

In factories and commercial establishments, the working hours for each shift must be displayed in a prominent place
in the language understood by the workers. Workers should not be required to work continuously for more than six
hours without a rest or meal break of at least one hour.

During Ramadan, special reduced working hours are observed in manufacturing, commercial, and service
organizations.

For example, if you work in a factory and you are 20 years old, you cannot work for more than nine hours a day or 48
hours a week. If you work in a shop, you also cannot work for more than 48 hours a week.

PAID LEAVE:
According to the Factories Act, 1934, if a worker has worked continuously in a factory for twelve months, they are
entitled to take fourteen consecutive days of holidays in the following twelve months. If the worker doesn't take all
of their holidays in one year, the remaining holidays will be added to their holidays for the next year. It doesn't
matter if the worker had some breaks in their service due to sickness, accidents, authorized leave (up to a total of
ninety days), a lock-out, a non-illegal strike, or short periods of involuntary unemployment (up to a total of thirty
days). However, the authorized leave doesn't include the weekly holiday that falls at the beginning or end of the
leave period.
To explain this in simpler terms, let's say a worker named John has been working in a factory for a year without any
long breaks. After completing this year, John will be allowed to take two weeks (fourteen consecutive days) off in the
next year. If John doesn't take all of his holidays in that year, he can carry over the remaining holidays to the
following year. This rule applies even if John had some time off due to being sick, having an accident, taking
authorized leave (up to a total of ninety days), or experiencing short periods of unemployment (up to a total of thirty
days). However, the weekly holiday that falls at the beginning or end of John's authorized leave won't be counted as
part of his leave.

Maternity Leave and Maternity Protection

In addition to Article 37 of the Constitution, there are two important laws, one at the federal level and another at the
provincial level, that provide maternity benefits to women working in specific occupations. The Maternity Benefit
Ordinance, 1958 states that after working for four months or a qualifying period, a female worker can take up to six
weeks of leave before and after giving birth. During this time, she will receive a salary based on her last pay. This law
applies to all industrial and commercial establishments that employ women, except for the tribal areas. It also
protects women from being fired during their maternity leave. Similarly, the Mines Maternity Benefit Act, 1941
applies to women working in mines in Pakistan.

To explain this in simpler terms, let's say there is a woman named Sarah who works in a factory. After working there
for four months, Sarah becomes eligible for maternity benefits. This means that when she is pregnant and after
giving birth, she can take up to six weeks off from work. During this time, she will still receive her regular salary
based on what she was earning before her leave. This law applies to most factories and businesses that employ
women, except for certain areas. It also ensures that Sarah cannot be fired from her job just because she is on
maternity leave. Similarly, there is a separate law for women working in mines to provide them with maternity
benefits.

Other Leave Entitlements

Apart from the 14 days of annual leave, workers are entitled to additional leave. They can take 10 days of casual
leave with full pay for unexpected situations like sudden illness. They can also take 16 days of sick leave with half pay
if they have a medical certificate.

Workers also get holidays for festivals declared by the government. These holidays are around 13 days, and workers
are paid for these days off. If a worker has to work on a festival holiday, they will get an extra compensatory holiday
with full pay.

If workers want to go on a religious pilgrimage, like Hajj or Umra, they can get special leave for up to 60 days.

For example, let's say a worker falls sick suddenly and needs to take some time off. They can apply for casual leave
and continue to get paid during that time. If they have a medical certificate for their illness, they are entitled to sick
leave and will receive half their pay.

During festival holidays, workers can enjoy time off with pay. But if they have to work on a festival holiday, they will
get an extra day off later with full pay as compensation.

If a worker wants to go on a religious pilgrimage, like Hajj, they can get special leave for up to 60 days. This means
they can take time off work to fulfill their religious duties.

Minimum Age and Protection of Young Workers

The Constitution of Pakistan clearly states that children under the age of fourteen should not be employed in
dangerous jobs like factories or mines. The government also aims to protect children by providing them with
education and ensuring they are not employed in jobs that are not suitable for their age.
The Factories Act of 1934 allows teenagers between the ages of 14 and 18 to work in factories, but they
need to get a certificate from a doctor stating that they are physically fit for the job. However, there are
restrictions on the number of hours they can work in a day and they are not allowed to work between 7 p.m.
and 6 a.m. The government can change these limits for certain types of factories, but they cannot exceed
thirteen hours between 5 a.m. and 7:30 p.m.

Factories are required to display a schedule showing the specific hours children are allowed to work, and
they must keep a register with information about each child worker.

There are also the Employment of Children Rules, which apply to the whole of Pakistan except for one
region. These rules define certain conditions that must be met in the workplace to protect young workers.
For example, the workplace must be kept clean and ventilated properly. Adequate lighting and drinking
water should be provided, and any dangerous equipment must be properly fenced off.

If someone employs a child or allows them to work in violation of these rules, they can be punished with
imprisonment or fines, and if they repeat the offense, the penalties are harsher.

Equality:
Article 38 of the Constitution outlines the responsibilities of the government to promote equality and improve the
well-being of all people, regardless of their gender, caste, religion, or race. This includes measures to ensure that
everyone has a decent standard of living, prevent a small group of people from controlling all the wealth and
resources to the detriment of the general public, and establish fair rights for workers, employers, landlords, and
tenants.

The government is also obligated to provide opportunities for employment and a decent income, along with
sufficient rest and leisure time. Additionally, it is responsible for ensuring that all citizens, regardless of their gender,
caste, religion, or race, have access to basic necessities like food, clothing, housing, education, and medical
assistance. This support is extended to those who are unable to earn a living due to illness, disability, or
unemployment.

For example, let's say there is a person who is temporarily unable to work due to an injury. Article 38 ensures that
the government provides them with financial support and medical care until they recover and can resume earning a
livelihood. Similarly, if someone is permanently disabled and cannot work, the government is responsible for
ensuring they have access to basic necessities and support for their well-being.

In summary, Article 38 of the Constitution emphasizes the government's duty to promote equality and improve the
lives of all citizens by addressing economic disparities, ensuring fair rights, and providing essential support and
resources.

Paid leave: Wages are the money paid to employees for their work. This includes any bonuses or extra
money paid if the employee is fired without enough notice. However, it does not include the value of things
provided by the employer like housing, utilities, or medical care. It also does not include contributions the
employer makes to a retirement or savings plan, travel allowances, or any extra expenses related to the job.
Wages also do not include any money paid when someone leaves the job.

The Payment of Wages Act, 1936 is a law that controls how certain industrial workers are paid. It applies to
workers who earn less than Rs. 3,000 ($51.68) per month and are employed in places like factories,
railways, plantations, workshops, or by contractors. The main purpose of this law is to make sure these
workers are paid properly. However, the government can decide to extend the law to other types of workers
by giving the employers three months' notice.
According to the Act, workers in factories and on railways must be paid their wages within seven days after
their pay period ends. If the company employs fewer than 1,000 workers, this time limit applies. For
companies with more workers, the wages must be paid within 10 days. The Act also says that no money can
be taken out of a worker's wages, except for certain reasons listed in the law, such as fines, breaking the
contract, or causing damage to the company.

The employer is responsible for paying the wages of the people they employ. The same goes for any
contractor who hires people in an industry. The people in charge of paying the wages must set a time frame
of one month or less for each pay period. The wages should be paid within seven days after the end of the
pay period, or within 10 days if there are 1,000 or more employees. If someone leaves their job, their wages
should be paid within two working days after they leave.

For example, imagine you work in a factory that pays you Rs. 2,000 ($34.45) per month. According to the
Payment of Wages Act, your employer must pay you your wages within seven days of the end of each
month. They cannot deduct any money unless it's for a specific reason allowed by the law, like if you
accidentally caused damage to something in the factory. If you decide to leave the job, your employer must
pay you the wages you earned within two working days after you leave.

Workers' Representation in the Enterprise

Before 2002, Pakistan had a system where workers had three different groups to represent their interests at
work. These groups were the Works Council, the Management Committee, and the Joint Management
Board. Each group had its own responsibilities and operated independently. However, a new law called the
Industrial Relations Ordinance, 2002 simplified this system by creating a single body called the Joint Works
Council. This council must be established in any workplace with fifty or more employees. It consists of up
to ten members, with forty percent being representatives of the workers. The person who leads the council is
chosen by the management.

The Joint Works Council focuses on tasks that were previously handled by the Joint Management Board,
such as improving productivity and efficiency, providing basic facilities for workers employed by
contractors, and ensuring the welfare of workers. It also takes on responsibilities similar to the previous
Works Council, such as negotiating settlements between workers and management, promoting safety and
health at work, encouraging vocational training, and providing educational opportunities for workers'
children.

To put it simply, workers in larger Pakistani companies have a council that represents their interests and
works with management to improve working conditions, productivity, and worker well-being. The council
includes both workers and management representatives, with workers having a significant voice in decision-
making. They address issues like worker safety, negotiations, and providing support for workers and their
families
Trade Union and Employers Association Regulation

Freedom of association :

Freedom of association means that every citizen has the right to form associations or unions. However, this
right can be limited by reasonable laws in order to protect the country's sovereignty, public order, or
morality. Both workers and employers have the right to join associations of their choosing. These
associations can also affiliate with international organizations.
Registration of trade unions

To register a trade union, certain requirements need to be fulfilled under the Industrial Relations Ordinance.
Once registered, the trade union exists as a separate entity from its members. Trade unions in Pakistan
typically operate on a plant-wide basis and their membership depends on the size of the industry or trade
they belong to. They have the freedom to establish their own constitution, elect representatives, and organize
their activities.

Collective bargaining is facilitated by the appointment of a Collective Bargaining Agent (CBA),

which is a registered trade union elected by secret ballot. The CBA can negotiate with employers on matters
related to employment and workers' rights. Collective agreements are then formulated by the CBA and may
include provisions for trade union activities, grievance procedures, and terms and conditions of employment.
These agreements, once agreed upon, become legally binding.

In addition to the statutory benefits provided by labor laws, rights can be adjusted through collective
bargaining and adjudication in labor courts. Office bearers of trade unions are protected from unfair
treatment by employers, and workers are also protected from unfair labor practices by the trade unions.
Examples of unfair labor practices could include arbitrary transfers or dismissals. The National Industrial
Relations Commission is responsible for preventing such offenses. Security of employment is ensured for
workers, and laws also address any unfair practices by workers and trade unions.
When there is a disagreement between a group of workers and their employer, they can start a collective
labour dispute process.

Collective Labour Disputes

Commencement of a dispute
First, the employer or the workers' representative can write a letter expressing their concerns about the
disagreement to the other party. Then, the other party has fifteen days to try and resolve the issue through
discussions.

If they can't find a solution, within fifteen more days, the employer or workers' representative can send a
notice of conciliation to the other party, as well as to a conciliator and the Labour Court.

If the dispute is settled during the conciliation process, a report is sent to the government along with the
agreement.

If the conciliation doesn't work, the conciliator will try to convince both parties to go to an arbitrator to
make a decision. If they agree, they write a joint request to the arbitrator they've chosen.

The arbitrator then has thirty days to make a decision or a timeframe they both agree on. This decision is
final and valid for up to two years.

The government is sent a copy of this decision, which is published in the official Gazette.
Strikes and Lock-outs

Proceedings of strikes and lock-outs

Strikes and lock-outs are actions taken by workers and employers during labor disputes. If the parties cannot
resolve their issues through negotiation or conciliation, the workers have the right to go on strike by
informing their employer beforehand, and the employer can respond by declaring a lock-out.

If the disagreement is not resolved through these actions, either party can choose to seek resolution through
the Labor Court. However, if the strike or lock-out continues for more than 15 days and it causes serious
problems for the community or national interest, the government can step in and prohibit the strike or lock-
out. In such cases, the dispute is referred to the Labor Court or the National Industrial Relations
Commission.

There are certain rules to be followed during the dispute settlement process. No strike or lock-out can be
initiated while conciliation or arbitration proceedings are ongoing, or while the case is pending before the
Labor Court.

Illegal strikes and lock-outs

There are also provisions for dealing with illegal strikes and lock-outs. These occur when a party starts or
continues the strike or lock-out without following the proper procedures under the law. In such cases, a
report can be made to the Labor Court, and it can order the strike or lock-out to be stopped within 10 days. If
the order is violated by the employer, the court may take control of the business to prevent harm to the
community or national interest. If the order is violated by the workers, the Labor Court may take actions
such as dismissing the striking workers or cancelling the registration of the trade union responsible.

To simplify, imagine a situation where workers in a factory are unhappy with their working conditions and
wages. They decide to go on strike, which means they stop working until their demands are met. The factory
owner, in response, declares a lock-out, meaning they shut down the factory and prevent the workers from
entering. If the strike and lock-out continue for a long time and start causing problems for the community or
national interest, the government can step in and stop them. This can be done by referring the dispute to the
Labor Court or the National Industrial Relations Commission. However, both parties should follow the rules
and not go on strike or declare a lock-out during conciliation, arbitration, or while a case is pending before
the Labor Court. If either party violates these rules, the court can take actions such as dismissing the striking
workers or taking control of the business.
Settlement of Individual Labour Disputes
According to Article 46 of the IRO 2002, if a worker has a complaint about their rights guaranteed by the law or any
agreement, they can inform their employer about it in writing. They can do this themselves or through a
representative like a shop steward or Collective Bargaining Agent. It is important to do this within one month from
the day the complaint arises, which is a shorter time compared to the previous three-month period.

Once the worker informs the employer about their complaint, the employer has fifteen days to respond in writing
with their decision. If the employer doesn't respond within this time or if the worker is not satisfied with the
decision, the worker or their representative can take the matter to the Labour Court within two months.
For example, let's say a worker believes they have been unfairly dismissed from their job. They should write a letter
to their employer explaining their grievance within one month of being dismissed. The employer then has fifteen
days to respond with their decision. If the employer doesn't respond or if the worker is not happy with the decision,
they can take the matter to the Labour Court within two months.

In summary, Article 46 of the IRO 2002 states that workers have one month to inform their employer about any
complaints regarding their rights. The employer must respond within fifteen days, and if the worker is not satisfied,
they can escalate the matter to the Labour Court within two months.

Labor court:
Labour Courts are established under the law to help resolve disputes between workers and employers. These
courts have the power to enforce the rights guaranteed by the law or any agreements made between the
parties. The Provincial Government can set up as many Labour Courts as needed, and each court is presided
over by one person appointed by the government.

The Labour Court can handle various matters, such as resolving disputes referred to it, looking into
violations of agreements, and dealing with offenses under the Industrial Relations Ordinance. When dealing
with offenses, the Labour Court follows a similar procedure as the criminal courts.

In order to resolve industrial disputes, the Labour Court has the same powers as a civil court. It can summon
people to testify under oath, request the production of documents and other evidence, and request witnesses
to testify.

The decisions of the Labour Court are written and delivered in open court. Copies of the decisions are sent
to the Provincial Government, which then publishes them in the Official Gazette within a month.

If any party is not happy with a decision of the Labour Court, they can appeal to the High Court. The High
Court has the power to change or modify the decision of the Labour Court, and it can also review any order
passed by the Labour Court to ensure it is correct and fair. However, the High Court must give the person
affected by its decision a chance to present their case before making a final decision.

In simpler terms, Labour Courts are like special courts that resolve problems between workers and
employers. They make decisions based on the law and agreements between the parties involved. If someone
is not happy with a decision, they can appeal to a higher court to review it and possibly change it.

CORPORATE LAW
BILL
A bill is a proposal for a new law or changes to an existing law. There are different types of bills:

1) Public bill: This type of bill relates to matters that affect the general public.
Example: A bill proposing stricter regulations on air pollution to protect public health.

2) Private bill: This type of bill relates to specific interests of private individuals or organizations.
Example: A bill seeking permission to build a private road on a specific property.

3) Money bill: This type of bill deals with financial matters, such as taxes or government spending.
Example: A bill outlining the budget for the upcoming fiscal year.
The legislative procedure for different types of bills varies. Here is a simplified explanation:

1) Introduction of the bill: A bill can be introduced in either house of the legislature. If introduced by a government
minister, it is called a government bill. Otherwise, it is referred to as a private bill.

2) First Reading: During the first reading, the member who introduces the bill explains its purpose.

3) Reference to committee: The bill is examined in detail in a committee. Experts and individuals with an interest in
the bill can provide evidence and raise objections.

4) Second reading: The bill is discussed clause by clause, and amendments can be made at this stage.

5) Third reading: After the second reading, the bill is read for the third time and sent to the other house (if
applicable). The same procedure is followed in the other house to pass the bill.

6) President's assent: If the bill is approved by both houses and has the support of the majority of members, it is
presented to the president for final approval.

For example, let's say there is a public bill called the "Clean Energy Act." It aims to promote the use of renewable
energy sources. The bill is introduced in the legislature, discussed in committees, and debated by members. If it
receives support from both houses and the president gives their assent, it becomes a law, encouraging the adoption
of clean energy practices across the country.

Legislative procedure in money bill:

Article 73 of the constitution of Islamic republic of Pakistan states that a money bill shall be originated in the
National Assembly and after its being passed by the national assembly, without being transmitted to the senate, be
presented to the president who will assent to the bill with in thirty day, otherwise the bill shall be deemed to have
been assented to and it shall become law.

a) Features of money bill:

a. The imposition, abolition, remission, alteration of any tax.

b. The borrowing of money or a giving of any guarantee, by the Federal Government or of the amendment of the law
relating to the finance obligation of the Govt.

c. The custody of the federal consolidates fund, the payment of moneys into, or the issues of moneys from the fund.

d. The imposition of charge upon the federal consolidated fund, or the abolition or alteration of any charge.

e. The receipt of money on account of the public accounts of the federation the custody of issue of such money.

f. The audit of the accounts of the federal Govt.

g. Any matter incidental to any of the matters specified above.

b) Dispute regarding determination of money bill: If any question arises whether a bill is a money bill or not, the
decision of the speaker of the national assembly shall be final.

c) Discussion in senate on money Bill: Now by the amendment in the constitution (Legal Frame Work order 2002) a
money bill can be discussed in the senate.
Distinction between money bill and ordinary bill:
Points of distinction between money bill and ordinary bill are following:
As to Nature:
Money bill relates to finance matters. Ordinary bill relates to the interest of private or public persons.

As to origin:
Money bill can be originated only in national assembly. Ordinary bill can be originated in either house.

As to transmission:
Money bill is not transmitted to other house. Ordinary bill is transmitted to other house when passed by one house.
rewrite as it is but in easy words with easy examle

Legislative procedure for a money bill in Pakistan is outlined in Article 73 of the Constitution. According to
this, a money bill must first originate in the National Assembly. Once it is passed by the National Assembly, it does
not need to be sent to the Senate. Instead, it is directly presented to the President for assent. The President has
thirty days to assent to the bill, and if no action is taken, the bill is considered to have been assented to and becomes
law.

Now, let's discuss the features of a money bill. It includes matters such as the imposition, abolition, remission, or
alteration of any tax; borrowing money or giving guarantees by the Federal Government; amending laws related to
financial obligations of the Government; custody of the federal consolidated fund and the payment or issuance of
money from it; imposing charges on the federal consolidated fund or changing existing charges; receiving and
managing money related to public accounts of the federation; auditing the accounts of the federal Government; and
any other matters related to the above.

In case there is a dispute about whether a bill is a money bill or not, the final decision rests with the Speaker of the
National Assembly.

Regarding the discussion of a money bill in the Senate, an amendment in the constitution now allows for such
discussions.

To distinguish between a money bill and an ordinary bill, we can consider the following points. A money bill deals
with finance matters, while an ordinary bill relates to the interests of private or public individuals. A money bill can
only originate in the National Assembly, whereas an ordinary bill can originate in either house. Additionally, a money
bill is not transmitted to the other house for approval, unlike an ordinary bill which needs to be sent to the other
house if passed by one house.

Delegated legislation in Pakistan refers to laws that are created by someone other than the Parliament.
Instead of passing an Act of Parliament, a Government Minister or another person or body is given the power to
make these laws. This power is granted through an enabling Act or the parent Act. In Pakistan, there are thousands
of delegated legislation pieces created each year, while only a few dozen Acts of Parliament are passed.

To explain this in simpler terms, let's take an example. Imagine there is a law called the Companies Ordinance 1984
in Pakistan. Within this law, there is a section called section 506. This section gives the federal government the
authority to create specific rules related to companies. These rules are considered delegated legislation because
they are made by the government instead of being passed directly by the Parliament.

JUSTICE
Justice requires holding individuals accountable for their criminal actions. It also aims to achieve fairness in society,
equal opportunities for all, and making amends for past injustices. While these goals may seem separate, I will
explain how they are interconnected. Specifically, I will argue that a society that values democracy should link the
standards of individual accountability in criminal law to the pursuit of social justice.
Some people who support the retributive theory of criminal justice disagree with this idea. They believe that the
focus should solely be on holding individuals responsible for their wrongdoing, regardless of the circumstances.
According to this theory, even in unjust situations, the principle of individual accountability should still apply. They
argue that the demands of a just society are not relevant to criminal justice.

However, I disagree with this perspective. Retributive justice, which is based on the concept of "an eye for an eye," is
no longer widely accepted. We no longer believe in punishing criminals in a way that mirrors their crimes. For
example, we don't commit acts of violence against rapists or physically harm those who have caused harm to others.
However, many people still believe that criminals should face consequences that are proportionate to their
wrongdoing. While this may seem fair to some, I find it problematic.

I will argue that the retributive theory of criminal justice overlooks the importance of considering the broader goals
of social justice when it comes to punishment.

Retributive justice refers to the idea that people should be punished in proportion to the harm they have
caused. This concept can be traced back to ancient thinkers like Plato, who questioned what it means to be just. In
his dialogue "The Republic," Plato explores different interpretations of justice.

One character, Polemarchus, suggests that justice involves benefiting friends and harming enemies. However, this
notion is quickly challenged by Socrates, who points out that our friends may not always be good people and our
enemies may not always be bad. Eventually, Polemarchus refines his definition to say that justice involves benefiting
good people and harming bad people.

This interpretation of justice aligns with the idea that people should get what they deserve. In this view, praise and
blame are essential to moral judgment. Good actions and good people deserve recognition and rewards, while
wrongful actions and bad people deserve blame, condemnation, and punishment.

To support this idea of justice, we would need a clear understanding of when someone deserves a positive or
negative response and what kind of response it should be. This notion is often determined by a person's actions and
character. For example, someone who is greedy and disregards the interests of others deserves scorn. A thief who
steals from others deserves disapproval and harsh treatment.

This focus on moral accountability is also central to retributive philosophies of criminal justice. These theories argue
that criminals should be punished in proportion to the harm they have caused. The aim is to seek retribution for the
wrongdoing. However, I disagree with this perspective and believe that criminal justice should not solely aim for
retribution.

A non-retributive approach to punishment believes that it is important to protect and help both victims and
potential victims by dealing with those who have shown a willingness to harm others. This approach focuses on
incapacitating, deterring, and rehabilitating individuals who have violated the rights of others.

Criminal injustice:

I will discuss three issues with the retributive theory of criminal justice in simpler terms. The first problem is that our
system of punishment does not always align with how morally blameworthy someone is. For instance, many people
with mental illnesses end up in prison, even though their actions may be influenced by their condition. This creates a
mismatch between punishment and moral responsibility.

Another problem is that many crimes are connected to drug and alcohol addiction. A large number of felonies are
committed by individuals under the influence or trying to support their addiction. This challenges the idea of
retribution, which suggests that punishment should be proportionate to the blameworthiness of the offender.

Instead of focusing solely on punishment, we should consider other goals like deterrence and rehabilitation. These
approaches prioritize public safety and the well-being of defendants. Punishment should only be used when it brings
positive outcomes and is fair to those being punished.

In this context, justice is not solely about punishing offenders. It can also involve efforts to repair harm and promote
reconciliation. For example, restorative justice aims to bring together victims and offenders to acknowledge the
harm caused and find ways to make amends. This approach focuses on healing and reintegrating individuals into
society.

By shifting our focus from retribution to these alternative approaches, we may achieve better outcomes for victims,
offenders, and the community as a whole.

In simpler terms, when someone commits a crime, it is necessary to respond in a way that acknowledges the
seriousness of the crime, recognizes the harm caused to victims, and aims to prevent further violations. This
response may involve imposing strict requirements on criminals to discourage them from committing more crimes
and to help them change their behavior.

For example, let's say someone has been repeatedly stealing from others. Instead of simply punishing them with jail
time, a non-retributive approach may involve requiring them to attend programs that address the reasons behind
their behavior and help them learn how to follow the law. These programs are not seen as punishment in the
traditional sense, but they can be considered reasonable responses to criminal behavior. The goal is to equip
individuals with the skills and mindset needed to meet the standards of lawful behavior.

THE NATURAL AND SOCIAL LOTTERY

In this section, we discuss another objection to the retributive theory of justice. We previously mentioned
Polemarchus, who believed that a just person should benefit good people and harm bad people. However, Socrates
disagreed with this idea for a different reason. He argued that causing harm to unjust individuals would only make
them worse, and it would be unjust to intentionally cause greater injustice.

To better understand this, let's consider how we treat people who are sent to prison. In the United States, the
practice of incarceration is harsh and dehumanizing. It causes pain and permanently alienates individuals. When
released from prison, these individuals face significant challenges in finding employment and readjusting to society.
Formerly incarcerated people have a much higher unemployment rate compared to the general population,
especially among black men and women. This lack of opportunities often leads to homelessness and the temptation
to commit crimes again. As a result, the rate of reoffending, or returning to criminal behavior, is high, at least in the
short term.

To put it simply, imprisoning people can have negative consequences that make it harder for them to lead a decent
life after release. This raises questions about the justice of causing harm that ultimately worsens the situation for
both individuals and society as a whole.

Socrates believes that justice is difficult to define, but he observes that injustice leads to war and conflict, while
justice promotes friendship and a sense of common purpose. According to him, justice is not about assigning
individual blame or praise, but rather about creating a peaceful social order that serves the common good. This idea
aligns with the concept of distributive justice, which focuses on fair distribution of social goods (such as rights,
opportunities, and wealth) by institutions like government, law, education, and the economy.

To simplify this, let's imagine a society where everyone is entitled to certain basic rights, opportunities, and
resources that allow them to pursue their desired life path. This means that each person should receive what they
are owed in terms of fairness, ensuring that their entitlements do not infringe upon the equal entitlements of others.
For example, in a just society, everyone should have access to education, healthcare, and opportunities for personal
growth, regardless of their background or natural abilities.
John Rawls, a prominent philosopher, developed the idea of distributive justice further. He argued that justice
should not be based on deserving certain benefits or burdens, as many factors influencing our lives are beyond our
control, such as our birthplace, natural talents, or social class. Rawls proposed the concept of "justice as fairness,"
which suggests that a fair distribution of resources should benefit all members of society, especially those who are
least advantaged. In some cases, inequalities may be justified if they create incentives for talented individuals to
contribute to the overall well-being of society. For instance, higher salaries for skilled professionals like doctors or
leaders can be justified if it ultimately benefits the less fortunate.

To determine principles of justice, Rawls proposed the thought experiment of a "veil of ignorance." This hypothetical
scenario involves individuals choosing principles without knowledge of their own personal characteristics or social
positions. Behind this veil, people would select principles that are fair and acceptable from any position, as they
must consider the possibility of occupying any social position themselves. This thought experiment leads to a
preference for principles that promote more equal distribution rather than those based on desert or merit.

In summary, justice, according to Socrates and Rawls, involves creating a peaceful social order that benefits all
members of society. It means ensuring fair distribution of resources and opportunities, regardless of personal
characteristics or social positions, with a focus on improving the well-being of the least advantaged.

In a theory of justice based on Rawlsian principles, where equal rights, opportunities, and a decent standard of living
are guaranteed for all members of society, the concept of individual responsibility still plays a role. According to
Rawls, institutions are responsible for distributing goods and opportunities fairly, while individuals are responsible
for acting morally. Institutions should function justly and be reformed if they fail to do so. People should comply with
just laws, and punishment can be used to motivate compliance and discourage harmful behavior. This approach,
known as "harm reduction," sees individual responsibility in relation to maintaining a just social order.

Both Rawls and Plato agree that punishment should aim to advance justice and correct wrongdoing, rather than
seeking retribution. Plato believes that a just city is one where each class of people fulfills their role to preserve and
enhance justice. Those who break the law should be educated through the consequences they face, encouraging
them to abide by their better nature. The success of punishment is measured by whether those who have been
punished are less likely to violate society's rules and more likely to contribute positively to it. Criminal justice is seen
as part of a collective effort to achieve a peaceful order that serves the common good.

In a just society, punishment should not intentionally cause greater harm. Its justification depends on its likely
consequences for establishing a fair social order. The criminal justice system should not be based on the idea that
good people receive benefits and bad people deserve harm. Rawls emphasizes the moral significance of factors that
affect a person's life chances, such as family background, social position, talents, and luck. These factors shape a
person's opportunities, choices, and self-understanding. Reasonable standards of conduct depend on providing
reasonable opportunities and supporting conditions like education, healthcare, fair income, political power, and
respect for all individuals.

The criminal justice system should be designed to enable and protect people's prospects for making reasonable, law-
abiding choices. Penalties for violating reasonable standards of conduct are permissible to uphold the rights, goods,
and opportunities necessary for individuals to have decent prospects for meeting those standards.

Plato's philosophy, on the other hand, advocates for a hierarchical social order where different classes of people
have specific roles based on their natural abilities. Punishment in Plato's view aims to restore and maintain this rigid
social order. In contrast, a modern liberal democracy values equal freedom and fair opportunity, rather than
prescribed social roles. It protects a scheme of equal rights and liberties, allowing individuals to pursue their own
values and priorities as long as they are compatible with this scheme. Criminality in a democratic society threatens
this just order and individuals are accountable for respecting the rights and liberties of others.

Punishment in a liberal democracy is not intended to force individuals back into specific social positions or
marginalize them. It should not stigmatize individuals based on their criminal actions, as this can lead to unfair
vilification and exclusion. In a liberal political philosophy, punishment cannot be solely justified by its usefulness for
promoting the common good. It must also be justifiable from the perspective of each individual, including those who
are least well off. The practice of punishment should align with the principles of equal rights and opportunities for
all.

P UNISHMENT AND SOCIAL INJUSTICE

The practice of criminal justice in an unjust social order faces a serious problem. People who are more likely to be
caught up in the criminal justice system are not only those who suffer mental illness, disability, or addiction; they are
people who are economically, politically, and socially disadvantaged. They are people who have not enjoyed the
benefits of equal membership. The problem of crime itself is connected with the injustice of people not getting what
they are entitled to. Poverty, alienation, and unfair treatment, including injustice directed toward disfavored
members of society, drive crime rates up. This reality undermines the retributive thesis, which is my third argument
against it. The role the state plays in creating the conditions that foster crime damages the state’s moral authority. If
education, health care, a decent income, a fair share of political power, recognition, and respect are goods we owe
to one another, a society that deprives some people of these goods enters a zone of moral hazard. The state shares
responsibility for the problem of crime and it evades that responsibility when it behaves as though criminal justice is
solely a matter of allocating individual responsibility and desert

Consumer Protection in Pakistan

Who is a consumer?

In simple words, a consumer is someone who buys or leases a product for themselves or uses a product. It can also
include someone who hires services for their own benefit. However, a consumer does not include a person who buys
products to resell them or for any business purposes.

For example, if you buy a new smartphone for yourself, you are a consumer. But if you buy smartphones to sell them
in your shop, you would not be considered a consumer under this definition.

What are consumer rights?

Consumer rights are the rights that you, as a customer, have while buying products or using services. These rights
ensure that you are treated fairly and protected from any harm or unfair practices.

Here are some simple explanations of the basic consumer rights:

Right to Basic Needs: This means that you have the right to access essential goods and services like food, shelter, and
healthcare. For example, if you buy a loaf of bread, you expect it to be fresh and safe to eat.

Right to Safety: You have the right to use products and services that are safe for you and your family. For instance, if
you purchase a toy, it should not have any dangerous parts that could harm you or your children.

Right to be Informed: You have the right to receive accurate and clear information about the products or services
you want to buy. For example, if you're buying a smartphone, you should be provided with all the necessary details
about its features, warranty, and any potential risks.

Right to Choose: You have the right to choose from a variety of products and services at fair prices. This means you
can compare different options and make an informed decision. For instance, you have the freedom to choose
between different brands when buying a new pair of shoes.

Right to Representation / be Heard: You have the right to express your opinions, concerns, and complaints about
products or services. Companies should listen to your feedback and take it into consideration when making
improvements.

Right to Redress: If you purchase a faulty product or receive a poor service, you have the right to seek a solution.
This can include repairs, replacements, refunds, or compensation, depending on the situation.
Right to Consumer Education: You have the right to access information and resources that help you make better
choices as a consumer. This can involve educational materials, workshops, or online resources that provide
information about products, services, and your rights.

Right to a Healthy Environment: This means that companies should produce and provide products that are not
harmful to the environment. For example, they should use eco-friendly materials and minimize waste.

These consumer rights are designed to protect you and ensure a fair and safe consumer experience.

Protecting consumer rights requires both the government's involvement and active
participation from citizens. To ensure your consumer rights are safeguarded, you can take
the following steps:

1. Be aware of your rights: Familiarize yourself with your basic consumer rights, such as
the right to safe products, accurate information, and fair prices.
2. Report complaints: If you encounter a problem with a product or service, don't hesitate
to file a complaint. You can do this by contacting the appropriate Consumer Court or
the local authority, such as the Deputy Commissioner.
3. Keep records: It's important to keep records of your purchases, such as receipts,
warranties, and any communication with the seller or service provider. These
documents will be helpful if you need to escalate a complaint.
4. Seek resolution: When you have a complaint, try first to resolve it directly with the
seller or service provider. Clearly explain your issue and what you expect as a
resolution. Often, they will be willing to address your concerns promptly.
5. Consumer organizations: Consider joining consumer organizations or forums that work
to protect consumer rights. They can provide guidance, support, and resources to help
you navigate any issues.
6. Spread awareness: Share your experiences with others, both positive and negative. By
raising awareness about consumer rights and sharing information, you can help others
make informed decisions.

For example, imagine you purchased a defective product, such as a laptop. You could
contact the Consumer Court or the Deputy Commissioner to report the issue. Provide
them with all the necessary details and evidence, like the purchase receipt and any
communication with the seller. This helps empower and protect your consumer rights.
Guest:
how can consumer law be protected in pakistan

In Pakistan, consumer law can be protected through various means. Here are some key
steps that can help ensure consumer rights are upheld:

1. Legislation: Having strong consumer protection laws in place is crucial. The

government should enact and enforce comprehensive laws that clearly define
consumer rights and hold businesses accountable for any violations.
2. Regulatory agencies: Establishing dedicated regulatory bodies, such as the Competition
Commission of Pakistan (CCP), that can oversee and enforce consumer protection laws.
These agencies play a vital role in investigating complaints, promoting fair competition,
and taking action against unfair business practices.
3. Awareness campaigns: Raising awareness among the public about their consumer
rights is essential. The government, along with consumer organizations, can conduct
educational campaigns through various mediums like TV, radio, social media, and
public events. This helps empower consumers to recognize their rights and take
appropriate action when needed.
4. Consumer courts: Establishing specialized consumer courts with the authority to handle
consumer disputes swiftly and impartially. These courts can provide an accessible and
efficient platform for consumers to seek resolution and justice.
5. Collaboration with consumer organizations: The government should collaborate with
consumer organizations and NGOs to strengthen consumer protection measures. These
organizations can provide valuable insights, support, and resources to both consumers
and the government.
6. Monitoring and penalties: Regular monitoring of businesses to ensure compliance with
consumer protection laws. Strict penalties should be imposed on those who violate
these laws, serving as a deterrent and ensuring accountability.

By implementing these measures, Pakistan can work towards a robust consumer

protection framework that safeguards consumer rights and builds trust between
consumers and businesses.