The Civil Procedure special Provisions Ordinance 1968

THE CIVIL PROCEDURE (SPECIAL PROVISIONS) ORDINANCE, 1968.
(WEST PAKISTAN ORDINANCE NO. I OF 1968).
CONTENTS

Preamble
Sections—

1. Short title, extent and commencement.
2. Definitions.
3. Certain disputes to be adjudicated upon under this Ordinance.
4. Constitution of and reference of dispute to Tribunal.
5. Composition of the Tribunal.
6. Reference of question to a new Tribunal in certain cases'
7. Quorum.
8. Procedure before the Tribunal.
9. Tribunal to have certain powers of a civil Court.
10. Action upon the report of the Tribunal.
11. Appeal.
12. Revision.

13.       Execution and enforcement of decree or order.
14.       Jurisdiction of Courts barred.

1. Delegation.
2. Power to make rules.
3. Pending proceedings.
4. Repeal.

THE FRIST SCHEDULE
THE SECOND SCHEDULE.

THE CIVIL PROCEDURE (SPECIAL PROVISIONS) ORDINANCE, 1968.
WEST PAKISTAN ORDINANCE No. I OF 1968.
[16th January, 1968]
AN
ORDINANCE
to provide for certain areas of West Pakistan special procedure for the adjudication of disputes on certain matters.

AND WHEREAS the Provincial Assembly of West Pakistan is not in session and the Governor of West Pakistan it 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. It extends to the areas specified in the First Schedule.
2. 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in any area in which it is in force and, upon its so ceasing to be in force in any are shall be deemed to have been repealed

(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;

1. "Deputy Commissioner ' includes any officer exercising or performing any power or function of a Deputy Commissioner under this Ordinance;
2. "Government" means the Government of West Pakistan;

(d)     "Tribunal" means a Tribunal constituted under 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 (I of 1872), and the Code of Civil Procedure, 1908 (V of 1908), shall not apply to any proceedings under this Ordinance.

(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 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,

(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.

(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-section (2) and (3) of section 5.

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.

1. The Tribunal shall give the parties an opportunity of cross-examining the witnesses deposing against them.
2. The Tribunal may administer oath to a witness in such form or manner, consistently with the religion of the witness, as it deems fit.
3. In proceedings under this Ordinance, the parties to a dispute shall be entitled to be represented and defended by legal practitioners of their choice.
4. 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.

(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 sub-section (2), he shall decide the dispute and pass a decree in accordance with such finding.

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.
The Commissioner shall not confirm, modify, alter or set a side any decision, decree or order appealed against except after given the parties an opportunity of being heard.
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).
Subject to the provisions of this Ordinance, the decision of the Commissioner on an appeal under this section shall be final.

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.

(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.

THE FIRST SCHEDULE
[See SECTION 1(2)]

The Division of Quetta except the Tribal Areas.
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).
The Added Areas of Mardan District specified in Schedule A to the North-West Frontier Province (Increase of Area and Alteration of Boundary) Order, 1953 (G.G.O. No 7 of 1953).

1. 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).
2. The former Excluded Areas of Upper Tanawal and the Baloch 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).

THE SECOND SCHEDULE
[See SECTION 3 (1)]

Attachments