THE NORTH-WEST FRONTIER PROVINCE (AMENDMENT OF LAWS) ACT, 1985. N.-W. F. P. ACT NO. IT OF 1985. 17TH JUNE, 1985. [First published after having received the assent of the Governor of the Northwest Frontier Province in the Gazette of North- West Frontier Province (Extraordinary) dated the June,1985].AN ACT To amend certain Provincial laws in pursuance to the directions to the Federal Shariat Court.
WHEREAS the Federal Shariat Court has directed to amend certain Provincial laws;
AND WHEREAS it is expedient to amend the said laws in pursuance of the directions given by the Federal Shariat Court; It is hereby enacted as follows:—
1. (1) This Act may be called the North-West Frontier Province (Amendment of Laws) Act, 1985.
(2) It shall come into force at once and shall be deemed to have taken effect on the 1st day of December, 1984.
2. The laws mentioned in the Schedule annexed to this Act are amended to the extent and in the manner specified against each in column 5 of the laid Schedule.
Repeal of certain laws.
3. The following laws are hereby repealed:
(i) the North-West Frontier Province Prohibition Act, 1938, (N.-W. F. P. Act IX of 1938); and (ii) the West Pakistan Horse Race Betting Tax Act, 1958 (W. P. Act IV of 1958; (iii) The North-West Frontier Province (Amendment of Laws) Ordinance, 1985, is also hereby repealed.
SCHEDULE [See Section 2]
No. of the Act or Ordinance
Short title
Provision inserted omitted or amended
Amendment made
1
2
3
4
5
1860
The Societies Registration Act. 1860
Section 16-A.
In sub-section (1), replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:
"Provided that no order of supersession shall be passed without giving the governing body of the society concerned an opportunity of showing cause.".
1937
VI
The Hazara Forest Act, 1936
Section 30
In sub-section (3), for the word "two" substitute the word "three".
Section 39
In sub-section (4) replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:
"Provided that the order of confiscation made under this section shall not affect the interest of such right holders, having a right in the forest produce under section 27, who are not directly or indirectly involved in the commission of the offence.".
1939
V
The Agricultural Produce Markets Act, 1939
Section 2
In cluase (c), replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:
"Provided that the Deputy Commissioner shall not pass any order without giving the aggrieved person an opportunity of being heard.".
Section 11
Between the words "by notification" and the words "any member", insert the commas and the words, "after giving an opportunity of being heard,".
Section 23
(i) In sub-section (1), replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:
"Provided that where a suit is instituted without delivering or leaving such notice, or before the expiration of said period of two months, or the plaint does not contain a statement that such notice has been so delivered or left, the plaintiff shall not be entitled to any costs, if any settlement as regard the subject matter of the suit is reached or the market committee, any member, employee or person referred to above concedes the plaintiff's claim, within the period of two months from the date of the institution of the suit.".
(ii) Delete sub-section (2).
Section 24-A
In sub-section (1), , between the words "by order in writing" and the word "annual" insert the commas and the words , "after giving a reasonable opportunity of showing cause,".
1946
VIV
The North-West Frontier Province Industrial Loans Act. 1946
Section 8
In the first proviso to sub-section (ii), btween the words "necessary" and the word "accept", insert the word "and after giving the object or an opportunity of being heard.".
Replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:
"Provided further that the Provincial Government shall not pass any order without giving the borrower an opportunity of being heard.".
1947
The North-West Frontier Province Warehouses Act, 1946.
Section 7
In sub-section (iii) replace the full-stop appearing at the end by a comma and thereafter add the following, namely:
"and the Provincial Government or the authority so appointed, after giving the appellant an opportunity of being heard, pass such orders as it may deem appropriate.".
Section 24
"Provided that no such licence shall be suspended or revoked without giving the person concerned an opportunity of being heard.".
IX
The North-West Frontier Province Requisitioning of Buildings (Rationing) Act, 1947.
Section 4
For section 4 substitute the following section, namely:
"4. Compensation to be paid to owners.—-(1) Whenever the Provincial Government requisitions any building under this Act, there shall be paid to the owner compensation for its use and occupation, the amount whereof shall be determined in the manner and in accordance with the principles hereinafter set out:
(a) Where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement.
(b) Where no such agreement can be reached, the Provincial Government shall by a general or special order, for any case or class of cases, appoint as arbitrator a person qualified under Artile 193 of the Constitution for appointment as a judge of a High Court.
(c) The Provincial Government may, in any particular case, nominate a person having expert knowledge as to the nature of the building requisitioned to assist the arbitrator and where such nomination is made, the owner may also nominate an assessor for the said purpose.
(d) On the commencement of the proceedings before the arbitrator the Provincial Government and the owner shall state what in their respective opinions is a fair amount of compensation.
(e) The arbitrator in making his award shall take into consideration the initial cost of construction of that building including the land and the prevailing rate of rent of similar building in the locality.
(2) An appeal shall lie to the High Court against an award of an arbitrator.
(3) Save as provided in this section and in any rules made under this Act nothing in any law for the time being in force shall apply to the arbitration under this section.
(4) An award given by the arbitrator, subject, to the result of the appeal, if any, shall be conclusive and final between the parties and shall not be called into question by means of a suit or otherwise except as provided by this Act.
The North-West Frontier Province Requisitioning of Buildings Rationing Act, 1947— (Concld).
Section 4-A
(5) The award may, on an application being filed in the Court, be executed if it were a decree of a Civil Court.After section 4, as so amended, add the following new section, namely:
"4 A. Cases in which increase of compensation permissible.—
(1) When the amount of compensation of the building has been determined under section 4, no further increase shall, during the continuance of requisitioning, be permissible within a period of three years from the date of determination of compensation, except in cases where some addition, improvement or alteration has been carried out at the owner's expense at the request of the Provincial Government.
(2) The amount of compensation if increased on grounds of addition, improvement or alteration made permissible under this section shall not exceed the fair rent payable under this Act for a similar building in the same locality with such addition, improvement or alteration and it shall not be chargeable until such addition, improvement or alteration has been completed.
(3) Any dispute between the owner and the Provincial Government with regard to any increase claimed on grounds of addition, improvement or alteration made permissible under this section shall be decided by the Court.".
Section 5.
(i) Omit the words "rent and" occurring between the word "the" and the word "compensation"; and
(ii) in clause (c), for the figure "15" substitute the figure "30".
1948
XVI
The North-West Frontier Province Procurement of Foodgrains Act, 1948.
Replace the full-stop appearing at the end by a colon and thereafter add the following provisio, namely:
"Provided that no foodgrain shall be confiscated under this section without giving the person affected an opportunity of being heard.".
1950
XXV
The North-West Frontier Province Tenancy Act, 1950.
Section 82-B
"Provided that no order of ejectment shall be passed without giving the author of the encroachment an opportunity of being heard.".
1961
XIX
The West Pakistan (Board of Intermediate and Secondary Education, Peshawar) Ordinance, 1961.
Section 6
Between the word "member" and the word "shall", insert the commas and the words ",after giving an opportunity of being heard,".
1971
I
The North-West Frontier Province Text Book Board Ordinance, 1971.
In sub-section (2), between the word and comma "may," and words "by order", insert the commas and the words", after giving an opportunity of being heard.".
1973
II
The North-West Frontier Province Small Industries Development Board Act, 1972.
In sub-section (4), replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:"Provided that where an order which the Government intends to make under this sub-section is likely to affect adversely the interest of any person, whether individually or collectively, it shall not be made unless the person or persons so affected are given an opportunity of being heard.".
The North-West Frontier Province Small Industries Development Board Act, 1972—(concld).
Section 10
After the word "writing" occurring for the first time, insert the words "and after giving an opportunity of being heard.".
Section 26
In sub-section (3), between the word "may" and the word "cancel", insert the commas and the words "after giving the appellant an opportunity of being heard,".
XI
The North-West Frontier Province Sarhad Development Authority Act, 1972.
Section 5
In sub-section (3), between the word "may" and the word "remove", insert the commas and the words ", after giving an opportunity of being heard,".
Section 9
In sub-section (2) after the word "writing" occurring for the first time, insert the words "and after giving an opportunity of being heard".
1974
The University of Peshawar Act, 1974.
In sub-section (6), between the word "may" and the word "remove", insert the commas and the words "after giving an opportunity of showing cause,".
Section 35
"Provided that the Senate shall not pass any order adversely affecting the institution without giving the institution concerned an opportunity of being heard,".
Replace the full-stop appearing at the end by a colon and thereafter add the following provison, namely:
"Provided that the Syndicate or the Chancellor, as the case may be. shall not pass any order on an appeal unless the person concerned is given an opportunity of being heard.".
The Gomal University Act, 1974.
Replace the lull-stop appearing at the end by a colon and thereafter add the following proviso, namely:
"Provided that the Senate shall not pass any order adversely affecting the institution without giving the institution concerned an opportunity of being heard.".
"Provided that the Syndicate or the Chancellor, as the case may be, shall not pass any order on an appeal unless the person concerned is given an opportunity of being heard.".
Section 51-A
Omit the section.
Section 51-B
1976
XIV
The North-West Frontier Province Orphanages (Supervision and Control) Act, 1976.
'Provided that the portion of the fund consisting of Zakat and Fitra shall be utilized strictly in accordance with the injunctions of the Holy Quran and the Sunnah.".
Section 19
"Provided that Government shall not pass any order on appeal without giving the appellant an opportunity of being heard.".
1977
The North-West Frontier Province Criminal Law (Special Provisions) Act, 1977.
Section 14
1979
The North-West Frontier Province Waqf Properties Ordinance, 1979.
After sub-section (2). add the following new sub-section, namely:"(3) No person shall be appointed as Administrator or Deputy Administrator unless he is a Muslim".,
In sub-section (1), replace the full-stop appearing at the end bv a colon and thereafter add the "following proviso, namely:
"Provided that no person shall be appointed as officer under this section unless he is a Muslim.".
In sub-section(l), replace the colon by a full-stop and thereafter add the following, namely:—
"A copy of the notification shall be served upon the management mutawalli or any other person having interest in the waqf property and shall also be affixed on some conspicuous part of the property sought to be taken over.".
Section 16
In section 16,— (a) before the word "Government" occurring in the beginning, insert the words, brackets, figures and comma "Subject to the provisions contained in sub-section (2) of section 15,"; and (b) omit clause (c)
"and the officer or authority so appointed shall, after giving the appellant an opportunity of being heard, pass such order as may be deemed fit.".
1981
The North-West Frontier Province Agriculture University Ordinance, 1981.
In sub-section (6), between the word "may" and the word "remove", insert the commas and the words ",after giving an opportunity of showing cause.".
Section 27
"Provided that the Chancellor shall not pass any order adversely affecting the College without giving the College concerned an opportunity of being heard.".
"Provided that the Syndicate shall not pass any order on the appeal or reveiw petition, as the case may be, unless the person concerned is given an opportunity of being heard.".
Section 45
Between the word "done", occurring for the last time and the word "under", insert the commas and the words ", in "good faith,".
IV
The North-West Frontier Province Requisitioning of Immoveale Property for Defence Purposes of Pakistan Ordinance, 1981.
Section 3
For sub-section (2), substitute the following sub-section, namley:
"(2) Where the Government has requisitioned any immovable property under sub-section (1), it may serve on the owner thereof, or where the owner is not readily traceable or the ownership is in dispute, publish in the official Gazette and a local newspaper, a notice stating that Government has decided to requisition the immovable property in pursuance of this section, and affix a copy of such notice on a conspicuous part of the property or proclaim the same by beat of jump in the locality.".
For the word "five", substitute the word "three".
The North-West Frontier Province Water Users Associations Ordinance, 1981
In sub-section (7), replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:
"Provided that no decision shall be made without giving the appellant an opportunity of being heard.".
1982
III
The North-West Frontier province Co-operative Societies (Reforms) Ordinance, 1982.
In sub-section, (2) replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:
"Provided that no decision under this sub-section shall be made without giving the appellant an opportunity of being heard.".
1983
The North-West Frontier Province Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) Ordinance, 1983.
In sub-section (2), replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:"Provided that no such decision shall be made without giving the person concerned an opportunity of being heard.".
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