(W.P. Ordinance I of 1968)
[16 January 1968]
An
Ordinance to provide for certain areas of West Pakistan special procedure for
the adjudication of disputes on certain matters
Preamble.— WHEREAS it is expedient to provide for
certain areas of West Pakistan special procedure for the adjudication of
disputes on certain matters to meet the special requirements of those areas;
AND
WHEREAS the Provincial Assembly of West Pakistan is not in session and the
Governor of West Pakistan is satisfied that circumstances exist which render
immediate legislation necessary;
NOW,
THEREFORE, in exercise of the powers conferred on him by clause (1) of Article
79 of the Constitution, the Governor of West Pakistan is pleased to make and
promulgate the following Ordinance:-
1. Short
title, extent and commencement.— (1) This Ordinance may be called the Civil
Procedure (Special Provisions) Ordinance, 1968.
(2) It extends to the areas specified in the
First Schedule.
(3) Government may, by notification in the
official Gazette, direct that this Ordinance shall, on such date as may be
specified in the notification, cease to be in force in any area in which it is
in force and, upon its so ceasing to be in force in any area, shall be deemed
to have been repealed.
2. Definitions.— In this Ordinance, unless there is anything
repugnant in the subject or context—
(a) “Commissioner”
means the Chief Officer-in-Charge of the Revenue Administration of a Division,
and includes any other officer who is specially empowered by Government to
exercise the powers of a Commissioner under this Ordinance;
(b) “Deputy
Commissioner” includes any officer exercising or performing any power or
function of a Deputy Commissioner under this Ordinance;
(c) “Government”
means the Provincial Government;
(d) “Tribunal”
means a Tribunal constituted under this Ordinance.
3. Certain
disputes to be adjudicated upon under this Ordinance.— (1) Notwithstanding
anything contained in any other law for the time being in force, all disputes
of a civil nature, other than any dispute to be determined in accordance with
the provisions of the Muslim Family Laws Ordinance, 1961 (VIII of 1961), or the
Conciliation Courts Ordinance, 1961 (XLIV of 1961), shall be adjudicated upon
in accordance with the provisions of this Ordinance:
Provided
that the provisions of this Ordinance shall not apply to a dispute arising in
or relating to any area specified in the Second Schedule, unless all the
parties to such dispute make an application in writing to the Deputy
Commissioner that such dispute be adjudicated upon in accordance with this
Ordinance.
(2) Except
as otherwise provided in this ordinance, the provisions of the Evidence Act,
1872 (1 of 1872), and the Code of Civil Procedure, 1908 (V of 1908), shall not
apply to any proceedings under this Ordinance.
4. Constitution
of and reference of dispute to Tribunal.— (1) Where any party to a dispute which is
required to be adjudicated upon in accordance with the provisions of this Ordinance,
not being a dispute arising in or relating to any area specified in the Second
Schedule, makes, or all parties to such dispute arising in or relating to any
area specified in the Second Schedule, make, an application in writing to the
Deputy Commissioner, for the adjudication or settlement of such dispute, the
Deputy Commissioner shall constitute a Tribunal in accordance with section 5
and by order in writing, refer the dispute to the Tribunal for a finding on
such matters or issues as may be specified in the order.
(2) A dispute shall not be referred to a
Tribunal if a civil suit in respect thereof would be barred by the provisions
of the Limitation Act, 1908 (IX of 1908).
(3) An application under sub-section (1) for
the adjudication of a dispute shall be made—
(a) in
the case of a dispute relating to immovable property, to the Deputy
Commissioner within whose jurisdiction such property is situate provided that
where the property is situated within the jurisdiction of different Deputy
Commissioners, it may be made to any one of the Deputy Commissioners, within
the local limits of whose jurisdiction any portion of the property is situate;
and
(b) in
the case of a dispute relating to any other matter, to the Deputy Commissioner
within the local limits of whose jurisdiction the cause of action arose.
5. Composition of the Tribunal.— (1) A Tribunal constituted for the purpose
of section 4 shall consist of a Government official, not below the rank of
Naib-tehsildar, who shall be its President, and four other members, all to be
appointed by the Deputy Commissioner.
(2) In appointing a person as a member, other
than the President, the Deputy Commissioner shall have regard to the integrity,
education, social status and representative character of such person.
(3) No person shall be appointed as a member
of the Tribunal, other than the President, except after giving the parties
concerned an opportunity of being heard and considering their objections, if
any, to the appointment of such person.
6. Reference of question to a new Tribunal
in certain cases.— (1) Where
a Tribunal declines or fails to give a finding on any matter or issue referred
to it, or misconducts itself, or where, by reason of the death or illness or
absence from the country of any member, or for any other sufficient cause, the
Tribunal is, in the opinion of the Deputy Commissioner, unable to perform its
functions, the Deputy Commissioner shall, unless he proceeds in accordance with
sub-section (2), by order in writing, stating the reasons therefor, constitute
another Tribunal in accordance with section 5 and refer the matter or issue to
the Tribunal so constituted.
(2) If any member of the Tribunal dies,
refuses to act, becomes incapacitated from acting, or fails to attend any two
meetings of the Tribunal, without sufficient cause to the satisfaction of the
President of the Tribunal, the President shall refer the matter to the Deputy
Commissioner, who shall, as soon as may be, appoint another member in place of
the defaulting member in accordance with the provisions of sub-sections (2) and
(3) of section 5.
7. Quorum.— The Tribunal shall not conduct any
proceedings unless the President and at least two other members are present.
8. Procedure before the Tribunal.— (1) For the purpose of coming to a finding
on a matter or issue referred to it, the Tribunal shall give opportunity to the
parties to appear before it and take or hear, in such manner as it may think
fit, such evidence as may be adduced on behalf of the parties or as may be
called for by the Tribunal:
Provided that the Tribunal, may, for reasons to be
recorded, refuse to take or hear any evidence which in its opinion is being
tendered for the purpose of causing vexation or delay or for defeating the ends
of justice:
Provided
further that the provisions of sections 121 to 126 of the Evidence Act, 1872 (I
of 1872), shall apply to any proceedings before a Tribunal as they apply to
proceedings before a Judge or a Magistrate.
(2) The Tribunal shall give the parties an
opportunity of cross-examining the witnesses deposing against them.
(3) The Tribunal may administer oath to a
witness in such form or manner, consistently with the religion of the witness,
as it deems fit.
(4) In proceedings under this Ordinance, the
parties to a dispute shall be entitled to be represented and defended by legal
practitioners of their choice.
(5) Rules may
be framed, not inconsistent with the provisions of this Ordinance, prescribing
the procedure to be followed by the Tribunal for the purposes of the performance
of its functions under this Ordinance.
9. Tribunal to have certain powers of a
Civil Court.— For the
purpose of the performance of its functions under this Ordinance, the Tribunal
shall have the same powers as are vested in a Civil Court trying a suit under
the Code of Civil Procedure, 1908 (V of 1908), in respect of enforcing
attendance of any witness or production of any document or other thing.
10. Action upon the report of the Tribunal.— (1) The finding of the Tribunal on a matter
or issue referred to it under section 4 shall be given in accordance with law,
or the custom or usage having the force of law, and shall be submitted to the
Deputy Commissioner in the form of a report containing reasons for such
finding.
(2) Upon
receipt of a report of the Tribunal, the Deputy Commissioner may, if the report
does not give a finding on any matter or issue referred to the Tribunal or any
substantial part thereof, or if he is of opinion that there has been material
irregularity or that the proceedings of the Tribunal have been so conducted as
to occasion a miscarriage of justice, remand the matter or issue to the
Tribunal or refer the matter or issue to a Second Tribunal constituted in
accordance with section 5.
(3) Where the finding of the Tribunal on the
matter or issue referred to it is unanimous or by a majority of its members and
the Deputy Commissioner does not proceed under subsection (2), he shall decide
the dispute and pass a decree in accordance with such finding.
11. Appeal.— (1) Any party aggrieved by any decision given, decree passed or order
made by the Deputy Commissioner under this Ordinance may within sixty days of
such decision, decree or order, prefer an appeal to the Commissioner.
Explanation— In computing the period of sixty days
mentioned in this sub-section, the day on which the decision, decree or order
sought to be appealed against was given, passed or made and the time requisite
for obtaining a copy thereof shall be excluded.
(2) The Commissioner shall not confirm,
modify, alter or set aside any decision, decree or order appealed against
except after giving the parties an opportunity of being heard.
(3) The Commissioner may, in deciding an
appeal under sub-section (1), exercise all or any of the powers conferred on an
Appellate Court by the Code of Civil Procedure 1908 (V of 1908).
(4) Subject to the provisions of this
Ordinance, the decision of the Commissioner on an appeal under this section
shall be final.
12. Revision.— (1) Government may,
within ninety days of any order passed by the Commissioner on an appeal, either
of its own motion or on the application of any party to a dispute, call for and
examine the record of any appeal disposed of by the Commissioner, for the
purpose of satisfying itself as to the correctness, legality or propriety of
any decision, decree or order given, passed or made under this Ordinance, or as
to the regularity of any proceedings thereunder and may, when calling for such
record, direct that the execution of the decree or order in question be
suspended pending the examination of the record:
Provided
that nothing herein contained shall be deemed to authorise Government to vary
or set aside a finding of a Tribunal on a question of fact where such finding
has been accepted by the Commissioner unless it is of opinion that there has
been a material irregularity or defect in the proceedings or that the
proceedings have been so conducted as to occasion a miscarriage of justice.
(2) Government may, after examining any
record called for under sub-section (1) and giving the parties an opportunity
of being heard, pass such orders as it may think fit.
13. Execution and enforcement of decree or
order.— (1) Subject to the
provisions of this Ordinance, a decree or order passed by the Deputy
Commissioner shall have the same force and effect as if it were a decree or
order passed by a competent Civil Court and shall be enforced by the Deputy
Commissioner in the same manner as such decree or order would have been
enforced by such Civil Court.
(2) Every order made by the Commissioner in
the exercise of his powers under section 11 or by Government in the exercise of
its powers under section 12, shall be enforced as if it were an order of the
Deputy Commissioner, and the Deputy Commissioner shall do all acts and things
necessary to give effect thereto.
14. Jurisdiction of Courts barred.— Except as otherwise provided in this
Ordinance, no proceeding under this Ordinance, and no decision given, decree
passed or order made in any such proceeding shall be called in question in any
Court or before any other authority.
15. Delegation.— The Deputy Commissioner may authorise any
officer not below the rank of an Extra Assistant Commissioner to exercise or
perform all or any of his powers or functions under this Ordinance, and may
specify the areas within which or the class of cases in respect of which such
powers may be exercised.
16. Power to
make rules.— Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Ordinance.
17. Pending proceedings.— Nothing in this Ordinance shall affect any
proceedings relating to any dispute pending in or before any Court or other
authority immediately before the commencement of this Ordinance, and such
proceedings shall be continued and disposed of as if this Ordinance had not
come into force.
18. Repeal.— The Quetta and Kalat (Civil and Criminal Law) Ordinance, 1965 (West
Pakistan Ordinance No.III of 1965), in so far as it relates to the adjudication
and settlement of civil disputes, is hereby repealed.
FIRST
SCHEDULE
[See SECTION 1 (2)]
1. The Division of Quetta except the Tribal
Areas.
2. The Added Areas of Hazara District specified
in the First Schedule to the North-West Frontier Province (Enlargement of the
Area and Alteration of Boundary) Order 1952 (G.G.O. No. 1 of 1952).
3. The Added Areas of Mardan District specified
in Schedule A to the North-West Province (Increase of Area and Alteration of
Boundary) Order, 1953 (G.G.O.No. 7 of 1953).
4. The Added Areas of Hazara District specified
in the First Schedule to the North-West Frontier Province (Enlargement of the
Area and Alteration of Boundary) Order, 1955 (G.G.O.No. 13 of 1955).
5. The former Excluded Areas of Upper Tanawal
and the Baluch Area of Dera Ghazi Khan specified in the Schedule to the
Excluded Areas (Cesser of Exclusion) (West Pakistan) Order, 1961 (P.O. No. 3 of
1961).
SECOND
SCHEDULE
[See
SECTION 3 (1)]
District
|
Tehsil
|
Area
|
1. Sibi
District
|
(i) Sibi
(ii) Sharig
|
1. Sibi town excepting Gullu Shahr-Kurk and
Khajjak villages but including all the railway quarters on the West side of
the Railway line in Sibi, the Military Supply Depot, Public Works Department
inspection bungalow and office and quarters.
2. Ziarat.
3. Harnai.
|
2. Loralai
District
|
Duki
|
The
whole of Duki Tehsil.
|
3. Chagai
District
|
Nushki
|
Nushki
Town
|
4. Quetta-Pishin
District.
|
Quetta
|
1. Quetta city
and Cant-onment.
2. Quetta
Saddar—
The following Mauzas, etc. of the Quetta
Tehsil, exclusive of the area lying within the limits of the Police Stations
of Quetta city, Quetta Cantonment and Quetta Railways:-
(i) The
entire area with appurtenant mahals and killis of mauza Sirki, Khushkaba
Shaldaras Kansi, Trikha Kamsi, Shebo and Kotwal.
(ii) Mahal
Karez Lwar and Killi Lwar in Mauza Ahmad Khanzai.
(iii) Mahals
Karez Sultan and Karez Khair Ullah with their Killis in Mauza Karez at
Beleli.
(iv) The
Military Camp at Beleli.
(v) The
area of the Beleli Spur comprising the area inhabited and used for any
purpose by Hindustan Construction Company Limited.
(vi) Baluchistan
Textile Mills, Sariab.
|
Pishin
|
(i) Pishin Town.
(ii) Bostan
Bazar.
|
|
Chaman
|
Chaman Cantonment and Town. All Railway Stations and
lines in Quetta-Pishin District.
|
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 16th January 1968; approved by
the Provincial Assembly of West Pakistan, under clause (3) of Article 79 of the
Constitution of the Islamic Republic of Pakistan (1962); assented to by the
Governor of West Pakistan on 11th June, 1968; and, published in the West
Pakistan Gazette (Extraordinary), dated 12th June, 1968, pages 2155-A to
2155-E.
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