SINDH PUBLIC PROPERTY (REMOVAL OF ENCROACHMENT) (SECOND AMENDMENT) ACT, 2011.

PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION

KARACHI, THE 6TH FEBRUARY, 2012.

NO.PAS/Legis-B-14/2011- The Sindh Public Property (Removal of  Encroachment) (Second

Amendment) Bill, 2011 having been passed by the Provincial Assembly of Sindh on 6th January,

2012 and assented to by the Governor of Sindh on 26th  January, 2012 is hereby published as an

Act of the Legislature of Sindh.

 THE SINDH PUBLIC PROPERTY (REMOVAL OF ENCROACHMENT) (SECOND AMENDMENT) ACT, 2011.

 SINDH ACT NO. III OF 2012.

 AN ACT

further to amend the Sindh Public Property (Removal of Encroachment)Act, 2010.

Preamble.   WHEREAS it is expedient further to amend the Sindh Public Property

(Removal of Encroachment) Act, 2010, in the manner hereinafter appearing;

It is hereby enacted as follows:-

1.  Short title and commencement.               (1)   This Act may be called the Sindh Public Property (Removal of Encroachment) (Second Amendment) Act, 2011.

(2)   It shall come into force at once.

2.  Amendment  of  section 12 of Act No. XVIII of 2010.                  In the Sindh Public Property (Removal of Encroachment) Act, 2010, hereinafter referred  to  as  the  said  Act,  for  section  12,  the  following  shall  be substituted:-

“12 (1) Composition and Appointment of Presiding Officers of Tribunals:- Government may, by Notification in the official Gazette, establish a Tribunal for each District.

(2)   A Tribunal shall consist of a Presiding Officer, being a person who-

(i)         is or has been District Judge or an additional District

Judge; or

(ii)       has for a period of not less than ten years been an advocate of the High Court.

(3) Government shall, after consultation with the Chief Justice of the High Court, appoint a Presiding Officer of the Tribunal.

(4) A Presiding Officer shall hold office for a period of two and half years but may be appointed for such further term or part of term as Government may determine.

(5) A Presiding Officer may be removed from his office prior to the completion of the period for which he has been appointed after consultation with the Chief Justice of the High Court.”.

3.Amendment  of  section 23 of Act No. XVIII of 2010.             In the said Act, in section 23, sub-section (4) shall be omitted and

thereafter sub-section (5) shall be renumbered as sub-section (4).

4.  Amendment  of  section 26 of Act No. XVIII of 2010.           In the said Act, for section 26, the following shall be substituted:- 

                         “26. (1) Composition and Appointment of Presiding Officers of

Special Courts:- A Special Court shall consist of a Presiding

Officer, being a person who-

(i)         is or has been Sessions Judge or an Additional

Sessions Judge; or

(ii)       has for a period of not less than ten years been an advocate of the High Court.

(2) Government shall, after consultation with the Chief Justice of the High Court, appoint a Judge for each Special Court.

(3) A Judge shall hold office for a period of two and half years but may  be  appointed for such further term or  part of  term as Government may determine.

(4)  A  Judge  may  be  removed  from  his  office  prior  to  the completion of the period for which he has been appointed after consultation with the Chief Justice of the High Court.

(5) No Court other than the Special Court constituted under section

25 shall take cognizance of an offence punishable under this Act except upon complaint in writing made by a person authorized in this behalf by the Director General or the Director.”.

5.  Repeal.                   The  Sindh  Public  Property  (Removal of  Encroachment) (Second

Amendment) Ordinance, 2011 is hereby repealed.

 BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH

HADI BUX BURIRO

SECRETARY

                                                PROVINCIAL ASSEMBLY OF SINDH