The Ministry of Law, Justice and Parliamentary Affairs has said that all laws passed by a competent legislative body before the passage of the 18th Amendment would continue until they were varied, repealed or amended by an act of the parliament.
The statement came in response to a reference filed by the Capital Administration and Development Division (CAAD) under Article 270-AA of the constitution, questioning authority of the Controller, Department of Tourist Services to perform the role of the appellate court under the Travel Agencies Act, 1976, the Pakistan Hotels and Restaurants Act 1976 and the rules framed particularly after passage of the 18th amendment. The CAAD Division had sought legal opinion from the Inter-Provincial Coordination (IPC) Division to avoid any ambiguity in this regard, however, the IPC Division asked the CAAD to seek the Law and Justice Division’s opinion in this regard.
The Law Ministry held that the Controller, Department of Tourist Services should continue to perform duties of the appellate court under the Travel Agencies Act, 1976, the Pakistan Hotels and Restaurants Act, 1976 since the rules had not been changed, amended or repealed by an act of parliament. It further held that all taxes and fees charged under any law in force before commencement of the 18th Constitution Amendment would continue to be levied until they were varied or abolished. It said further that laws should be allowed to work normally and forums that had similar pending cases should be allowed to decide them. It also said that approaching other forums which could legally hear appeals should be allowed. Legal instruments included a certificate, deed, bond, contract, will, legislative act, court writ or process or any law passed by a competent legislative body.
