WHEREAS the Federal Shariat Court has directed to amend certain Provincial laws;

1.         (1) This Ordinance may be called the North-West Frontier Province (Amendment of Laws) Ordinance, 1984.

2.         The laws mentioned in the Schedule annexed to this Ordinance are amended to the extent and in the manner specified against each in column 5 of the said Schedule.

Year of the Act of Ordinance

N. of the Act or Ordinance

Short title of the Act or Ordinance

Provision amended or inserted

Amendment made.

1

2

3

4

5

1861

V

The Police Act,, 1861

Section 15-A

For sub-section (6), substitute the following sub-section, namely:—

"(6) Explanations.—In this section,—

(a)        the word "inhabitants" shall have the same meaning as in the preceding section and the word "compensation" shall mean the amount of diyat, ursh or daman, as the case may be;

(b)        the word "diyat" shall mean ten thousand dirham shari equivalent to 30.63 Kg. of silver or its value in money at the time of decision of the case, in the case of a male victim, and in the case of a female victim, half of it:

(c)        the word" daman" shall mean the compensation determined by the convict to the victim for causing hurt not liable to ursh; and

(d)        the word"ursh" shall mean the compensation to be paid by the convict or his aqilah to the victim or his heirs for causing hurt."

1873

VIII

The Canal and Drainage Act, 1873

Section 45

(i) in the first paragraph, for the words "two months", substitute the words "fifteen days", and

(ii)        in the second paragraph, for the words "thirty days", substitute the words "ninety days".

1

2

3

4

5

Section 68.

In sub-section (4) , after the word "appeal", occurring for the second time, insert the commas and the words ", after giving the appellant an opportunity of being heard,".

1897

VIII

The Reformatory School Act, 1897

Section 17

In sub-section (2), delete the comma and the words ", of whom two at least   shall be citizens of Pakistan".

1900

III

The Prisoners Act, 1900

Section 40.

Delete the commas and the words ", if it thinks fit," occurring between the words "the Provincial Govern­ment may" and the word   "direct".

1912

III

The Race-Courses Licensing Act, 1912.

Section 2

In clause (a), omit the commas and the words, "or for any bet or wager made or to be made in respect of any such horse, mare or gilding or the rider thereof.".

Section 4

In sub-section (2), replace the fullstop appearing at the end by a colon and add the following proviso there­after, namely:

"Provided that one of such condi­tions shall be that no betting or wagering shall be allowed on horse racing".

1925

VII

The Co-operative Societies Act, 1925.

Section 27.

In sub-section (1), after the words "byelaws", occurring immediately before the proviso add the comma and the words "who shall hold the same for and on behalf of all the heirs of the deceased member according to the personal law to which the deceased is subject.".

1

2

3

4

5

1956

VII

The West Pakistan Requisitioning of immovable Property (Temporary Powers) Act, 1956.

Section 6

In sub-section (1), for clause (e) substitute the following clause, namely:

"(e)       the arbitrator in making his award shall take into consideration the initial cost of construction of that building the including land and the prevailing rate of rent of similar building in the locality."; and

(ii)        delete sub-section (2).

Section 6A.

After section, add the following new section, namely:

"6A.     Cases in which increase of compensation permissible—(1) When the amount of compensation of the building has been determined under section 6 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 carried out at the over's expense at the request of the Provincial Government.

(2) The amount of compensation if 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 ground of addition, improvement or alteration made permissible under this section shall be decided by the Court.",

1

2

3

4

5

1958

XXX

The West Pakistan Requisitioned Land (Continuance) Act, 1958

Section-4

In sub-section (3), after the words "official Gazette"occurring at the end add the words "and on two daily news papers.".

1958

XXXIII

The West Pakistan National Calamities (Prevention and Relief) Act, 1958.

Section-8

In sub-section (1), replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:

"Provided that Government shall not revise any order unless the aggrieved party is given an opportunity of being heard.".

1959

VI

The West Pakistan Urban Rent Restriction. Ordinance, 1959.

Section 13

In sub-section (3) (a), in clause (ii), in sub-clause (a), delete the word "male".

1960

XV

The West Pakistan Relief of Indebtedness Ordinance. 1960.

Section 8.

Substitute the following for the existing section, namely:

1960

XV

The West Pakistan Relif of Indebtedness Ordinance, 1960— concluded.

Section 8

"8. Exemption of animals from attachment or sale—Notwithstanding in the Code of Civil Procedure, 1908, animals, including milch animals, belonging to the debtor, shall not be liable to attachment or sale in execution of decree, if such animals, in the opinion of the court, are necessary for the maintenance of the debtor or his family.".

1961

II

The West Pakistan Suppression of Prostitution Ordinance, 1961.

Sections 8 and 9

For the phrase beginning with the "shall be punished" and ending on the words "provided in this section", wherever occurring, substitute the following, namely:

"Shall be punished with rigorous imprisonment for a term which may extend to twenty-five years and shall also be liable to fine and whipping not exceeding thirty strips".

1

2

3

4

5

Section 10.

In sub-section (1), for the phrase beginining with the words "shall be punished " and ending on the words "liable to whipping", substitute the following, namely:

" shall be punished with death or imprisonment for a term which may extend to twenty-five years and shall also be liable to fine and whipping not exceeding thirty stripes".

Section 13.

For the comma appearing between the figure "6" and figure "7", substitute the word "or" and delete the com mas, figures and word "8", 9 or 10 " appearing after the figure "7".

1963

XXXVIII

The West Pakistan Milk Boards Ordinance, 1963.

Section 33.

For the full-stop appearing at the end substitute a colon and thereafter add the following proviso, namely:

" Provided further that where a suit is instituted without delivering or leaving such notice as is mentioned in sub-section (1) or before the expiration of the 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 Board or other person referred to in sub-section (1) concedes the plaintiff's claim, within the period of two months from the date of the institution of the suit.",

1965

XXVIII

The West Pakistan Qaumi Razakars Ordinance, 1965.

Section 7.

For the full-stop appearing at the end substitute a colon and thereafter add the following proviso, namely:

1

2

3

4

5

"Provided that no such order shall be passed without giving the member concerned an opportunity of being heard".

1966

XIV

The West Pakistan Co-operative Societies and  Co-operative Banks (Repayment of Loans) Ordinance, 1966.

Section 8-B.

In sub-section (3), between the words "such appeals" and the word "shall", insert the commas and the words ", after giving the appellant an opportunity of being heard.".

1967

XVII

The West Pakistan Land Revenue Act, 1967.

Section 95 and 110

Replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:

"Provided that no order under this section shall be passed unless the member affected is given an opportunity of being heard.".

1976

III

The North-West Frontier Province Standard Weights and Measures Enforcement Act, 1976.

Section 25.

Replace the full-stop appearing at the end by a colon and thereafter add the following proviso, namely:

“Provided that no order under this section shall be made unless the aggrieved person is given an opportunity of being heard.".