The Provincially Administered Tribal Areas (application Of Laws) Regulation, 1974


THE PROVINCIALLY ADMINISTERED TRIBAL AREAS (APPLICATION OF LAWS) REGULATION, 1974.
17th April, 1974.

N.-W. F. P. REGULATION No. 1 OF 1974.

A
A REGULATION

To Apply certain laws to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area.

Preamble

            WHEREAS it is expedient to apply certain laws to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area;

AND WHEREAS clause (4) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly, make Regulation for a Provincially Administered Tribal Area or any part thereof;
NOW, THEREFORE, in exercise of the powers aforesaid, the Governor of the North-West Frontier Province, with the approval of the President, is pleased to make the following Regulation: —


Short title, extent and commencement

1.         (1) This Regulation may be called the Provincially Administered Areas (Application of Laws) Regulation, 1974.

(2) It extends to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area.
(3) It shall come into force at once.


Definitions

2.         In this Regulation, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say —

(a)     "Government" means the Government of the North-West Frontier Province;
(b)     "Schedule" means the Schedule to this Regulation."


3.         The Laws specified in the Schedule as in force in the North-West Frontier Province immediately before the commencement of this Regulation, subject to modifications herein specified and so far as may be, all rules, notifications and orders made or issued thereunder, shall apply to be Provincially Administered Tribal Area of Chitral, Dir Kalam, Swat and Malakand Protected Area, hereinafter referred to as the said Areas.

Application of certain laws to Chitral, Dir, Kalam, Swat and Malakand Protected Area.

4.         All taxes, fees, duties, tolls or surcharges recoverable under the provisions of any law, rule, notification or order, so applied, shall becomes due and recoverable with effect from the date of commencement of this Regulation, and in so far as such taxes, fees, duties, tolls or surcharges relate to a complete financial year, the same shall be levied for the financial year 1973-74 with proportionate reduction.

Data of recovery of taxes etc.

5.         Where under any law, rule, : notification "or, order, so applied, any power, function or duty is to be exercised, performed or discharged by any person or authority, such power, function or duty shall be exercised, performed or discharged by: such person or authority as Government may, by notification in the official Gazette, appoint.

Authority to exercise powers etc.

6.         Where in any law, rule, notification or order, so applied any procedure is prescribed for the assessment, collection and recovery of any tax, fee, duty, toll or surcharge, such tax, fee, duty or surcharge shall be assessed, collected and recovered in such manner as Government may, by notification in the official Gazette, specify.

Assessment, Collection and recovery of taxes, etc.

7.         (1) If, immediately before the commencement of this Regulation, there was in force in the said Area any law, instrument custom or, usage having the force of law corresponding to the provisions of any of the laws applied to those Areas by this Regulation, such law, instrument custom or usage shall, upon commencement, cease to have effect in those Areas.

Certain laws to cease to operate

(2) Nothing in sub-section (1) shall affect—
            (a)     the previous operation of any such law, instrument, custom or usage; or
            (b)    the recovery of any tax, fee, duty, toll or surcharge recoverable under any such law, instrument, custom or usage before the commencement of this Regulation, and any such tax, fee, duty, toll or surcharge shall be recoverable as if sub-section (1) had not come into force; or
            (c)     any penalty, forfeiture or punishment incurred in respect of any offence punishable under such law, instrument, custom or usage; or
            (d)    any investigation proceeding or remedy in respect of any such penalty, forfeiture or punishment and any such investigation, proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if sub-section (1) had not come into force.

 

S C H E D U L
(See section 3).

1.      The Code of Civil Procedure, 1908
         (Act V of 1908).           
2.      The Arbitration Act, 1940 (Act X
         of 1940).   .
3.      The North-West Frontier Tenancy
         Act, 1950 (N. W. F. P. Act XXV of
         1950).
4.      The West Pakistan Civil Courts
         Ordinance. 1962 (W. P. Ord. If of
         1962).
5.      The West Pakistan Land Revenue
         Act, 1967 (W. P. Act XVII of
         1967).

 

 

THE PROVINCIALLY ADMINISTERED TRIBAL AREAS APPLICATION OF LAWS) (SECOND) REGULATION 1974.
20th May, 1974.
N.-W. F. P. REGULATION No. 11 OF 1974.
A
REGULATION
to apply certain laws to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area.


            WHEREAS it is expedient to apply certain laws to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area;

Preamble

AND WHEREAS clause (4) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly, make Regulation for Provincially Administered Tribal Area or any part thereof;
NOW, THEREFORE, in exercise of the powers aforesaid, the Governor of the North-West Frontier Province, with the approval of the President, is pleased to make the following Regulation:—


1.         (1) This Regulation may be called the Provincially Administered Tribal Areas (Application of Laws) (Second) Regulation, 1974.      

Short title, extent and commencement

(2) It extends to the Provincially Administered Tribal Areas of Chitral. Dir, Kalam, Swat and Malakand Protected Area.
(3) It shall come into force at once.    .


2.         In this Regulation, unless the context otherwise requires, following expressions shall have the meanings hereby respectively assigned to them, that is to say—
            (a)     "Government" means the Government of the North-West Frontier Province:

Definition

            (b)    "Schedule" means the Schedule to this Regulation.


3.         The laws specified in column 2 of the Schedule as in force in the West Frontier Province, immediately before the commencement of this Regulation, subject to modifications herein specified and exceptions if any, set out in column 3 thereof, and so far as may be, all rules, notifications and orders made or issued thereunder, shall apply to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area, hereinafter referred to as the said Areas.

Application of certain laws to Chitral, Dir, Kalam, Swat and Malakand Protected Area

Data of recovery of taxes, etc.

4.         All taxes, fees, duties, tolls or surcharges recoverable under the of provisions of any law, rule, notification or order, so applied, shall become due and recoverable with effect from the date of commencement of this Regulation, and in so far as such taxes, fees, duties, tolls or surcharges relate to a complete financial year, the same shall be levied for the financial year 1973-74 with proportionate reduction.

Authority to exercise powers, etc.

5.         Where under any law, rule, notification or order, so applied, any Power, function or duty is to be exercised, performed or discharged by any person or authority, such power, function or duty shall be exercised, performed or discharged by such person or authority as Government may, by notification in the official Gazette, appoint.

Assessment, collection and recovery of taxes, etc.

6.         Where in any law, rule, notification or order, so applied any procedure is prescribed for the assessment, collection and recovery of any tax, fee, duty, toll or surcharge, such tax, fee, duty, toll or surcharge shall be assessed, collected and recovered in such manner as Government may, by notification in the official Gazette, specify.

Certain laws to case to operate

7.         (1) If, immediately before the commencement of this Regulation, there was in force in the said Areas any law, instrument, custom or usage having the force of law corresponding to the provisions of any of the laws applied to those Areas by this Regulation, such law, instrument, custom or usage shall, upon such commencement, cease to have effect in those Areas.

(2) Nothing in sub-section (1) shall affect —
(a)     the previous operation of any such law, instrument, custom or usage; or
 (b)    the recovery of any tax, fee, duty, toll or surcharge recoverable under any such law, instrument, custom or usage before the commencement of this Regulation, and any such tax, fee, duty, toll or surcharge shall be recoverable as if sub-section (1) had not come into force; or
(c)     any penalty, forfeiture or punishment incurred in respect of any offence punishable under such law, instrument, custom or usage ; or
(d)    any investigation, proceeding or remedy in respect of any such penalty, forfeiture or punishment, and any such investigation, proceeding or remedy may be instituted continued or enforced and any such penalty, forfeiture or punishment may be imposed as if sub-section (1) had not come into force.
    

 

SCHEDULE.
[See Section 3].


Serial No.

Laws.

Exceptions.

1

2

3

1.         The Court-fees Act, 1870
            (Act VII of 1870).
2.         The Contract Act, 1872
            (Act IX of 1872).
3.         The Canal and Drainage Act, 1873
            (Act VIII of 1873).
4.         The Opium Act, 1878 (Act I of 1878).
5.         1[ X X X X X X ]
6.         The Transfer of Property Act, 1882
            (Act IV of 1882).
7.         The Land Improvement Loans Act,
            1883 (Act XIX of 1883).
8.         The Suits Valuation Act. 1887
            (Act VII of 1857).
9.         The Guardians and Wards
            (Act, 1890 (Act VIII of 1890). .......
10.       The Land Acquisition Act, 1894
            (Act I of 1894).
11.       The Prisons Act, 1894 (Act IX of 1894).
12.       The Reformatory School Act, 1897
            (Act VIII of 1897).    

(i)   Omitted by Regulation No. HI of 1975, Section 2.

 

 

Serial No.

Laws.

Exceptions.

1

2

3

13.       The Stamp Act, 1899
            (Act II of 1899).
14.       The Prisoners Act, 1900
            (Act III of 1900).
15.       The Limitation Act, 1908
            (Act IX of 1908).
16.       The Registration Act, 1908
            (Act XVI of 1908).
17.       The Lunacy Act, 1912 (Act IV of 1912).
18.       The Punjab Forest (Sale of Timber)
            Act, 1913 (Pb. Act III of 1913).
19.       The Good Conduct Prisoners Probational
            Release Act, 1926 (Pb. Act X of 1926).
20.       The Forest Act, 1927 (Act XVI of 1927).
21.       1[X X X X X X ]
22.       [The North-West Frontier Prohibition Act,
            1938 (N. W. F. P. Act XI of 1938).
23.       The North-West Frontier Protection of Trees
             and Brushwood Act, 1949 (N. W. F. P. Act VII of 1949).
24.       3[The North-West Frontier Pre-emption
            Act, 950 (N. W. F. P. Act XIV of 1950).
25.       The West Pakistan Entertainments Duty Act,
            1958 (W. P. Act X of 1958).


1.   Omitted by Regulation No. III of 197S, Section 2.
2.   Repealed by N.W.F.P. Act, No. VIII of 1985.
3.   Repealed by N.W.F.P. Act No. X 1987 S. 35.

 

Serial No.

Laws.

Exceptions.

1

2

3

26.       The West Pakistan Agriculturists'
            Loans Act, 1958 (W. P. Act XVII 1958).
27.       The West Pakistan Foodstuffs (Control)
            Act, 1958 W. P. Act, XX of 1958).
28.       The West Pakistan Motor Vehicles
            Taxation Act, 1958 (W. P. Act XXXII
            of 1958).
29.       The West Pakistan Control of Goondas
            Ordinance, 1959 (W. P. Ord. XXV of 1959).
30.       The West Pakistan Highways Ordinance,
            1959 (W. P. Ord. XXXII of 1959).   
31.       1[The West Pakistan Wild Life Protection
             Ordinance, 1959 (W. P. Ord.
            LVI of 1959).
32.       The West Pakistan Prohibition of Opium Smoking
            Ordinance, 1960 (W. P. Ord. II of 1960).
33.       The West Pakistan Pure Food Ordi­nance,
            1960 (W. P. Ord. VII of 1960).
34.       The West Pakistan Maintenance of Public Order
            Ordinance, 1960 (W. P Ord. XXXI of 1960).
35.       The West Pakistan Prevention of Gam­bling
            Ordinance, 1961 (W. P. Ord. 1 of 1961).
36.       3[ X X X X X X X ]


1.   Repealed by N.W.F.P. Act No. V of 1975 S. 44 (b)
2.   Rep by N.W.F.P. Ord V of 1978 S. 13
3.   Omittted by Regulation No. Ill of 1975, Section 2.

Serial No.

Laws.

Exceptions.

1

2

3

37.       The West Pakistan Fishries Ordi­nance,         
            1961 (W. P. Ord. XXX of 1961).
38.       1[X X X X X
39        The West Pakistan Tolls on Roads and
            Bridges Ordinance, 1962 (W. P.
            Ord. VIII of 1962).
40.       The West Pakistan Finance Act,         Except sections 3 to 9.
            1963 (W. P. Act IX of 1963).
41.       The West Pakistan Finance Act,         Except sections 3 to 9.
            1964 (W. P. Act XXXIV of 1964).
42.       The West Pakistan Finance Act,         Except sections 3 to 9.
            1965 (W. P. Act I of 1965).
43.       The West Pakistan Finance Act,         Except sections 3 to 8.
            1966 (W. P. Act I of 1966).
44.       The West Pakistan Finance Act,         Except sections 3 to 6.
            1967 (W. P. Act IV of 1967).
45.       The West Pakistan Finance Act,         Except sections 2 to 5.
            1968 (W. P. Act III of 1968).
46.       2[ x X X X X X ]
47.       The West Pakistan Finance                 Except sections 2 to 5.
            Ordinance, 1969
            (W. P. Ord. VII of 1969).
48.       The West Pakistan (North-West         Except sections 2 to 5.
                                    Frontier Province) Finance Ordinance,
            1970 (W. P. Ord XXIII of 1970).
                        49.       The North-West Frontier Province     Except sections 3 to 5.
                                    Finance Ordinance, 1971 (N.
                                    W. F. P. Qrd. IV of 1971).

(1) and (2) Omitted by Regulation No. HI of 1975, Section 2.


Serial No.

Laws.

Exceptions.

1

2

3

50.       The North-West Frontier Province     Except sections 3 to 6.
            Finance Act, 1972 (N. W. F. P.
            Act VI of 1972).
51.       The Criminal Law (Amendment)
            Act, 1973 (Act VI of 1973).  
52.       The North-West Frontier Province     Except sections 3.
            Finance Act, 1973 (N. W. F. P.
            Act XII of 1973).
53.       1[X X X X X X X X ]

 

 

 

 

 

 

 

 

1. Omitted by Regulation No. Ill of 1975. S. 2


 

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