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ISLAMABAD
( 2009-04-14 Qiyadat )
Following is the Text of the Nizam‑e‑Adl Regulation 2009 to provide for
Nifaz‑e‑Nizam‑e‑Sharia’h through Courts in the Provincially Administered
Tribal Areas: ‑
A REGULATION
to provide for Nifaz‑e‑Nizam‑e‑Sharia’h through Courts in the provincially
Administered Tribal Areas for the North‑West Frontier Province, except the
Tribal Areas adjoining Mansehra district and the former State of Amb.
WHEREAS it
is expedient to provide for Nifaz‑e‑Nizam‑e‑Sharia’h through courts in the
Provincial Administered Tribal Areas of the North‑West Frontier Province except
the Tribal areas adjoining Mansehra district and the former State of Amb;
AND WHEREAS
clause (3) of Article 247 of the Constitution of the Islamic Republic of
Pakistan provides that no Act of Majlis‑e‑Shoora (parliament) or a Provincial
Assembly Shall apply to a provincially Administered Tirbal Areas, or any part
thereof, unless the Governor of the Province in which the Tribal Area is
situated, with the approval of the President, so directs, and in giving such
direction with respect to any law, the Governor may direct that the law shall,
in its application to a Tribal Area, or to a specified part thereof, have
effect subject to such exceptions and modifications as may be specified in the
direction;
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 regulations for the peace and good governance
of Provincially Administered Tribal Areas 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. Short
title, extent and commencement.‑ (1) This Regulation may be called the Shariah
Nizam‑e‑Adl Regulation, 2009.
(2) It shall
extend to the provincially Administered Tribal Areas of the North‑West Frontier
Province, except the Tribal Areas adjoining Mansehra district and the former
State of Amb, hereinafter referred to as the said area.
(3) It shall come into force at once.
2. Definitions.‑ (1) In this Regulation, unless there is
anything repugnant
in the subject or context,‑
(a) “Court”
means the court of competent jurisdiction established and designated as such
under this Regulation, and includes a court of appeal or, as the case may be, a
court of revision;
(b) “Dar‑ul‑Dar‑ul‑Qaza”
means the final appellate or revisional court, in the said area, designated as
such, under this Regulation in pursuance of clause (2) of Article 183 of the
Constitution of the Islamic republic of Pakistan; © “Dar‑ul‑Qaza” means
appellate or revisional Court constituted by Governor of North West Frontier
Province in the said area, under clause (4) of the Article 198 of the
Constitution of the Islamic Republic of Pakistan;
(d) “Government” means the Government of the North‑West
Frontier Province;
(e) “Paragraph” means a paragraph of this
regulation;”recognized
institution” means the Shariah Academy established under International Islamic
University Ordinance, 1985 (XXX of 1985) or any institution imparting training
in Uloom‑e‑Shariah and recognized as such by Government;
(f)
“Prescribed’ means prescribed by rules made under this Regulation;
(g) “Qazi” means a duly appointed judicial officer as
specified and designated in column (3) of Schedule II;
(h) “recognized institution” means the Shariah Academy
established under
International Islamic University Ordinance, 1985 (XXX of 1985) or any
institution imparting training in Uloom‑e‑Shariah and recognized as such by
Government;
(i)
“Schedule” means a Schedule to this Regulation;
(j)
“Sharia’h” means the injunctions of Islam as laid down in Quran Majeed, Sunnah‑e‑Nabwi
(Sallallaho Alaihe Wasallam), Ijma and Qias.
Explanation.‑
In the application to the personal law of any Muslim sect, the expression “
Quran Majeed and Sunnah‑e‑Nabvi (Sallallaho alaihe wasallam)” shall mean the
Quran Majeed and Sunnah‑e‑Nabvi (Sallallaho alaihe wasallam) as interpreted by
that sect.
(2) All
other expressions, not expressly defined in this Regulation, shall have the same
meanings as assigned to them in any other law for the time being in force in the
said area.
(3)
Application of certain laws.‑(1) The laws specified in column (2) of Schedule‑I,
as in force in the North‑West Frontier Province immediately before the
commencement of this Regulation, and so far as may be, all rules, notifications
and orders made or issued thereunder, shall apply to the said area.
(2) All the
laws applicable to the said area, including the laws mentioned in sub‑paragraph
(1), shall so apply subject to such exceptions and modifications as specified in
this Regulation.
4. Certain
laws to cease to operate.‑ 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 not corresponding to the Injunctions of Quran
Majeed and Sunnah‑e‑Nabvi (Sallallaho alaihe Wasallam) or provisions of any of
the laws applied to the said area by this Regulation, such law, instruments,
custom or usage, as the case may be, shall upon such commencement, cease to have
effect in the said area.
5.
Courts.‑ Besides, Dar‑ul‑Dar‑ul‑Qaza and Dar‑ul‑ Qaza, there shall be following
courts of competent jurisdiction, in the said area, namely:‑
(a) Court of
Zilla Qazi;
(b) Court of
Izafi Zilla Qazi;
© Court of
Aa’la Illaqa Qazi;
(d) Court of
Illaqa Qazi; and
(e) Court of
Executive Magistrate.
6. Qazis
and their powers and functions.‑ (1) Any person to be appointed as Illaqa Qazi
in the said area shall be a person who is a duly appointed judicial officer in
the North‑west Frontier Province and preference shall be given to those judicial
officers who have completed Shariah course from a recognized institution.
(2) In
relation to proceedings and conducting the criminal or civil cases, all powers,
functions and duties conferred, assigned or imposed on Judicial officers in the
North‑West Frontier Province under any law for the time being in force shall,
subject to application of such law in the said area and established principles
of Sharia’h, be exercised, performed or discharged by them as designated in
column (3) of Schedule‑II.
(3) Subject
to the general supervision of the principal seat of Dar‑ul‑Qaza, a Zilla qazi
shall supervise the work of subordinate courts and, through the District Police
Officer concerned, the process serving staff, with in the local limits of his
jurisdiction.
7.
Executive Magistrate.‑(1) In each district or protected area, there shall
be a District. Magistrate, Additional District Magistrates, Sub Divisional
Magistrates and other Executive Magistrates as the Government may deem necessary
to appoint.
(2) The
District Magistrate and all other Executive Magistrates shall discharge
their functions, responsibilities and exercise their powers according to the
established principles of Shariah and other laws for the time being in force in
the said area.
(3) Keeping
peace, maintaining order, enforcing the executive authority of the Government
and “Sadd‑e‑Zara‑e‑Jinayat” shall be the duty, responsibility and power of the
District Magistrate. For this purpose he may take action against an
individual under the established principles of Shariah.
(4) The
cases included in Schedule III to this Regulation shall be exclusively triable
by Executive Magistrates.
EXPLANATION.‑
The expression “Sadd‑e‑Zara‑e‑Jinayat” means and includes all actions and steps
taken under the Shatiah laws and any other law in force for the time being for
the control of crimes.
8.
Submission of Challan to Qazi or Executive Magistrate.‑ It shall be the duty of
every officer‑in‑charge of a police station to ensure that complete challan in
each criminal case is submitted to the concerned Court with in fourteen days
from the date of lodging the first information report, except in a case in which
the concerned Qazi or Executive Magistrate has granted special extension of time
for a specified period for reasons to be recorded:
Provided that
if any officer‑in‑ charge of police station or investigation officer fails to
submit complete chalan within specified period, the Qazi or Executive Magistrate
concerned shall refer the matter to competent authority for disciplinary
action against the police officer responsible for such delay and necessary
disciplinary action shall be taken against him forthwith and shall be duly
communicated to the referring Qazi or Executive Magistrate.
(2) The
officer‑in‑charge of a police station shall submit a copy of the first
information report to concerned Qazi or Executive Magistrate within twenty four
hours of its lodging, and inform the concerned Qazi and Executive Magistrate,
from time to time, about the position and further progress of investigation of
the case.
9.
Proceedings to be in accordance with Shariah.‑(l) A Qazi or Executive Magistrate
shall seek guidance from Quran Majeed, Sunna‑e‑Nabvi (Sallalllaho Alaihe
Wasallam) , Ijma and Qiyas . for the purposes of procedure and proceedings for
conduct and resolution of cases and shall decide the same in accordance with
shariah. While expounding and interpreting the Quran Majeed and Sunna‑e‑Nabvi (Sallalllaho
Alaihe Wasallam) the Qazi and Executive Magistrate shall follow the established
principles of exposition and interpretation of Quran Majeed and Sunna‑e‑Nabvi (Sallallaho
Alaihe wasallam) and, for this purpose, shall also consider the expositions and
opinions of recognized Fuqaha of Islam.
(2) No court
shall entertain a suit unless the plaintiff or, as the case may be, the
complainant verifies that copies of the plaint along with supporting
documents have been sent, through registered post with acknowledge due to all
defendants, except in case of a suit for perpetual injunction accompanied by an
application for temporary injunction.
(3) The
pleadings shall be accompanied by copies of all relevant documents and
affidavits of all the unofficial witnesses duly attested by an oath
commissioner. The affidavits so submitted shall be treated as examination
in‑chief of such witness:
Provided that
if, after submission of pleadings, in the opinion of court, any new issue
arises, party to proceedings may be allowed to submit afresh copies of relevant
documents and affidavits of unofficial witness attested in the manner aforesaid,
for arriving at just conclusion of case.
(4) In all
cases of civil nature written statement shall be submitted within seven days
and where the defendant fails to do so his defence shall be struck off:
Provided that
the court may extend time for filing of written statement in extraordinary
circumstances for an additional period of seven days. The time so allowed shall’
not be extended further on any ground whatsoever.
(5) After
completion of evidence, the court shall ask the parties to argue, either
verbally or in writing, on the adjourned date and, if either of the party
fails to do so on the date so, fixed, the court shall pronounce judgment on
merits without any further adjournment for arguments:
Provided that
it shall be the duty of the court to make list of relevant reported judgments,
referred to by any party as precedent, which shall form part of judicial record.
(6) No
adjournment shall be granted to either party in any civil or criminal
proceedings, except where the court is satisfied that adjournment is
unavoidable. In such case the requesting party shall deposit the costs in court
which shall not be less than two thousand rupees.
10.
Observance of time schedule.‑ (1) A period of not more than six months for
disposal of a civil case, and a period of not more than four months for disposal
of a criminal case, shall be standard time schedule excluding the time spent for
sulh proceedings.
(2) A Qazi
shall finalize a case within the time schedule prescribed under sub‑paragraph
(1) and, in case of any delay in disposal of any case beyond such schedule,
shall report the cause and reasons of such delay to the Zilla Qazi, or, as the
case may be, to the presiding officer of the principal seat of Dar‑ul‑Qaza, and
shall act on the‑ directions issued by such court in this behalf.
(3) An
Executive Magistrate shall also finalize a case within the time schedule
prescribed under sub‑paragraph (1) and, in case of any delay in disposal of any
case beyond such schedule, shall report the case and reasons of such delay to
the District Magistrate and shall act on the directions issued by him in this
behalf.
(4) If the
Zilla Qazi or, as the case may be, the presiding officer of the principal seat
of Dar‑ul‑Qaza in relation to proceedings in the court of Qazi, upon examination
of causes of delay, is of the opinion that the delay has been’ caused due to the
delaying tactics of a party, it shall impose a cost to be recovered from the
defaulter party and direct the court concerned to dispose of the case within an
extended period of not more than one month.
(5) If the
District Magistrate,in relation to proceedings in the court of Executive
Magistrate, upon examination of causes of delay, is of the opinion that the
delay has been caused due to the delaying tactics of a party, it shall impose*a
cost to be recovered from the defaulter party and direct the court concerned to
dispose of the case within an extended period of not more than one month.
(6) If in
the opinion of Zilla Qazi or, as . the case may be, of the presiding officer of
the principal seat of the Dar‑ul‑Qaza, the Qazi or Executive Magistrate,
dealing with the case or proceedings is responsible for delay in its disposal,
the Zilla Qazi or, as the case may be, the presiding officer of the principal
seat of Dar‑ul‑Qaza may‑ (a) in the case of Qazi, deliver upon him a letter of
displeasure. If a Qazi is served with three letters of displeasure in a year,
then the Zilla Qazi or as the case may be, presiding officer of the principal
seat of Dar‑ul‑Qaza, after providing him an opportunity of being heard,
may make an entry in his service record; and (b) in the case of Executive
Magistrate, inform the District Magistrate about such delay and recommend for
disciplinary action, provided in clause (a) and the District Magistrate shall
act on the recommendations accordingly.
(7) In
criminal cases, the Investigating Officer shall prepare copies of the case file
in triplicate, in addition to judicial file, so that the trial court may retain
the judicial file for regular trial, and the remaining two files, may be sent to
the court concerned when requisitioned.
(8) An
appeal or revision under this Regulation shall be filed within thirty days from
the date of the decision in the respective case, after sending its copies,
through registered post with acknowledge due,to the opposite part, and the
appellate or revisional court shall decide the same within thirty days, without
remanding it on any ground whatsoever:
Provided that
such court shall have the power to rectify any illegality or irregularity of
omission.
(9) Any
decree shall be executed either by the court which passed it, or by the court it
is sent for execution, within two months.
11.
Establishment of courts.‑ (D As soon as may be after the commencement of this
Regulation, Government shall take necessary steps to establish as many courts as
may be necessary to ensure expeditious dispensation of justice with in
prescribed time schedule.
(2) Where the
number of pending case^ at. a time exceeds more than one hundred and fifty in a
court of Zilla Qazi, District Magistrate, or, as the case may be , Izafi Zilla
Qazi, or exceeds more than two hundred cases in a court of Aa’la Ilaqa Qazi,
Executive Magistrate, or, as the case may be, Illaqa Qazi, it shall be necessary
for the Government to establish a new court and provide it all related
facilities to ensure dispensation of justice within prescribed time schedule.
12. Appeal
and revision.‑ Subject to the Constitution of the Islamic Republic of Pakistan,
appeal or revision against the orders, judgment or decrees of the Dar‑ul Qaza
shall lie to the Dar‑ul‑Dar‑ul‑Qaza established for the purposes of this
Regulation.
13. Power to
appoint musleh.‑(1) Any civil or criminal case, subject to mutual consent of
the parties, may be. referred by a court to Musleh or, as the case may be,
musleheen before recording of evidence, either on the agreement of the parties
regarding the names of such musleh or musleheen, or in case of their
disagreement, to such musleh or musleheen whose names appear on the list
maintained by the court for such purpose:
Provided that
the cases falling within the purview of Hudood laws and cases by or against the
Federal Government or Provincial Government or any statutory body or persons
under legal disabilities shall not be referred for sul’h.
(2) The
musleheen shall record their opinion with regard to a dispute referred to them
with reasons thereof. .
(3) Where a
musleh or, as the case may be, musleheen, to whom a dispute has been referred
for resolution, either fail or refuse to resolve it, or the Court is of the
opinion that unnecessary delay has been caused, without sufficient reason, in
resolving it, the Court, may, on the application of a party or suo ‘moto, for
reasons to be recorded, withdraw the order of such reference and, after such
withdrawal, it shall resolve the dispute in accordance with Sharia’h as if it
were not referred for sul’h:
Provided
that, in no circumstances a case shall remain with a musleh or, as the case may
be, musleheen for a period of more than ^.fifteen days, but the court may, in
extraordinary circumstances, for reasons to be recorded in writing, extend the
time for fifteen days and, on the expiry of the aforesaid period, it shall stand
withdrawn to the court for further proceedings.
(4) The
Musleh or, as the case may be, the musleheen, appointed for such
resolution of the dispute, after hearing the parties and their witnesses, if
any, perusing the relevant document, if any, and inspecting the spot, if need
be, shall form opinion about resolution of the dispute, with reasons therefor,
and submit a report of their opinion to the concerned court without delay:
Provided that
in case the opinion is not unanimous, the opinion of the majority members and
the opinion of each dissenting member, separately or jointly, with reasons
thereof shall be so submitted.
(5) The
Court shall, if it is satisfied that the opinion in a case referred to for sul’h
under sub‑paragraph (1) is in accordance with Sharia’h, make it the rule of the
Court, and shall announce it as such, but, if the court comes to the conclusion
that the opinion is not in accordance with Sharia’h, it shall declare the
opinion, for reasons to be recorded, as null and void and shall start its
proceedings for decision of such dispute in accordance with Sharia’h as if it
were not referred for sul’h.
(6) The
court shall, before proceeding further, provide an opportunity to the
parties to submit objections, if any, to such report, and, if any,
objections are.so made, the court shall, after hearing the parties, decide about
the correctness or otherwise of the objections.
(7) The
court shall, keeping in view the actual expenses incurred by the musleh or
musleheen, on travelling to, and stay at, the place other than the place of his
or, as the case may be, their residence, and the time spent, in dealing with
the case, in particular circumstances of each case, fix the remuneration
of such musleh or musleheen, to be paid by each party in such proportion as may
be determined by the court.
14. Conduct
of Judicial Officers and Executive Magistrates.‑(1) The conduct and
character of each Judicial Officer and Executive Magistrate shall be in
accordance with the Islamic principles.
(2)
Notwithstanding anything contained in any law for the time being in force/
all cases, suits, inquires, matters and proceedings in courts, pertaining to
the said area, shall be decided by the courts concerned in accordance with
Sharia’h: Provided that cases of non‑Muslims in matters of adoption, divorce,
dower, inheritance, marriage, usages and wills shall be conducted and decided in
accordance with their respective personal laws.
(3)
Government may, from time to time, take such measures for the purposes of
sub‑paragraph (1), as it may deem necessary.
15. Aid and
assistance to courts.‑ (1) All executive authorities in the said area, including
members of law enforcing agencies and members of other service’s of Pakistan,
shall act in aid and assistance of the courts, and shall implement their
judicial decisions and orders.
(2) The
Government may, where necessary, issue such directions to any law enforcing
agency as are necessary in relation to service of court processes on the
parties, witnesses or any other person, and, for any general or specific
purposes, in order to ensure the conduct of such law enforcing agency in aid and
assistance of the courts.
16.
Language of the Court and its record.‑ All the processes and proceedings of the
court, including the pleadings, evidence, arguments, orders and judgments shall
be recorded and conducted in Urdu, Pushto or in English and the record of the
Court shall also be maintained in the said language.
17. Power
to make rules.‑ The Government may, by notification in the official Gazette,
make rules for carrying out the purposes of this Regulation.
18.
Regulation to override other laws.‑ The provisions of this Regulation shall have
effect notwithstanding anything to the contrary contained in any other law for
the time being in force in the said area.
19.
Repeal.‑(1) The Provincially Administered Tribal Areas Shari Nizam‑e‑Adl
Regulation, 1999 (N.‑w;”F.P. Reg. I of 1999), and rules made thereunder are
hereby repealed.
(2) The
Code of Criminal Procedure (Amendment) Ordinance, 2001 (XXXVII of 2001),
applied to the said area vide Home and Tribal Affairs Department’s
Notification No. 1/93‑SOS^I.I (HD)/2001, dated the 27th April,
2002, is hereby repealed.
(3)
Notwithstanding the repeal of the Regulation under sub‑paragraph (1), or
cessation of any law, instrument, custom or usage under paragraph 4, the
repeal or cessation, as the case may be, shall not‑ (a) revive anything not in
force or existing at the time at which the repeal or cessation takes effect;
(b) affect the previous operation of the law, instrument, custom or usage or
anything duly done or suffered thereunder; © affect any right, privilege,
obligation or liability acquired, accrued or incurred under the law, instrument,
custom or usage; (d) affect any penalty, forfeiture or punishment incurred in
respect of any offence committed against the law, instrument, custom or usage;
of” (e) affect any investigation, legal proceeding or remedy in respect of
any such right, privilege, obligation,, liability, penalty, forfeiture or
punishment; and any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty, forfeiture or
punishment may be imposed, as if the law, instrument, custom or usage had not
been repealed or ceased to have effect, as the case may be.
(See
Paragraph 3 (1)
S.N.
Nomenclature of laws
(1) (2)
1. The West
Pakistan Historical Mosques and Shrines Fund Cess Ordinance, 1960 (W.P.Ord.y of
1960).
2. The
Family Courts Act, 1964 (W.P.Act XXXV of 1964).
3. The
Pakistan Arms Ordinance,1965(W.P.Ord.XX of 1965).
4. The Law
Reforms Ordinance, 1972 (Ord.XII of 1972).
5. The Code
of Civil Procedure (Amendment) Act, 1976, (XV of 1976).
6. The Law
Reforms (Amendment) Ordinance,1976 (Ord.XXI of 1976).
7. The
North‑West Frontier Province Suppression of Crimes .Ordinance, 1978 (NWFP
Ord.Ill of 1978).
8. The
North‑West Frontier Province Prevention of Gambling Ordinance, 1978 (N.W.F.P.
Ord. V of 1978). ª
9. The Code
of Civil Procedure (Amendment) Ordinance, 1980 (Ord.X of 1980).
10. The
Offences Against Properties (Enforcement of ‑Hudood) (Amendment) Ordinance,
1980(Ord. XIX of 1980) .
11. The
Offence of Zina (Enforcement of Hudood) (Amendment) Ordinance,. 1980 (Ord. XX
of 1980).
12. The
Offence, of Qazf (Enforcement of Hadd) (Amendment) Ordinance 1980 (XXI of
1980).
13. The
Ehtram‑e‑Ramzan Ordinance, 1981 (Ord. XXIII of 1981) .
14. The
Offences Against Property (Enforcement of Hudood) (Amendment) Ordinance, 1982 (Ord.
II of 1982).
15. The Zakat
and Ushr (Amendment) Ordinance, 1983 (Ord.VII of 1983).
16. The
Zakat and Ushr (Second Amendment) Ordinance 1983 (Ord. X of 1983).
17. The
Zakat and Ushr (Third Amendment) Ordinance, 1983 (Ord. XXVI of 1983).
18. The
Anti‑Islamic Activities of Qadianis Group, Lahore Group and Ahmadis
(Prohibition and Punishment) Ordinance, 1984 (Ord. XX of 1984.
19. The Zakat
and Ushr (Amendment) Ordinance, 1984 (Ord. XLVI of 1984).
20. The
North‑West Frontier Province (Enforcement of Certain Provisions of Laws) Act,
1989 (NWFP Act II of 1980).
21. The Code
of Civil Procedure (Amendment) Act, 1989 (IV of 1990).
22. The Zakat
and Ushr (Amendment) Act, 19991 (XXIII of 1991).
23. The
Enforcement of Sharia’h Act, 1991 (X of 1991).
24. The
Pakistan Bait‑ul‑Malª Act, 1992 (I of 1992) .
25. The Code
of Civil Procedure (Amendment) Act, 1992 (VI of 1992).
26. The
.North‑West Frontier Province Shari Act, 2003 (NWFP Act No.II of 2003).
27. The
North‑West Frontier Province Waqf Ordinance, 1979 (Ord.I of 1979).
28. The
North‑West frontier Province Consumer Protection Act,. 1997 (Act VI of 1997.
29. The
Pakistan Environmental protection Act, 1997 (Act XXXIV of 1997).
30. The Civil
Law (Reforms) Act,, 1994 (Act XIV of 1994).
31. The Fatal
Accident Act, 1855 (Act XIII of 1855).
32. The
Partition Act, 1893 (Act IV of 1893).
33. The
Antiquities Act, 1975 (Act VII of 1976).
34. The
Essential Article (Control). Act, 1958.
35. The
North‑West Frontier Province Orphanages (Supervision and Control) Act, 1976 (Act
XIV of 1976).
36. The West
Pakistan Suppression of Prostitution Ordinance, 1961 (Ord. II of 1961).
37. The Price Control and Prevention of Profiteering
and Hoarding Act, 1977 (XXIX of 1977).
38. The West
Pakistan Regulation and Control of Loud Speaker and Sound Amplifiers Ordinance,
1965 (Ord. II of 1965).
39. The
Prevention of Gambling Act, 1977 (Act XXVIII of 1977).
40. The
Indecent Advertisement Prohibition Act, 1963 (Act XII of 1963).
41. The
Travel Agencies Act, 197 6 (Act XXX of 1976).
42. The
Employment of Children Act, 1991 (Act V of 19910,
43. The
North‑West Frontier Province Registration and Functions of Private . Educational
Institutions (Amendment) Ordinance, 2002 (Ord XLVI of 2002)
44. The NWFP
the Punjab Minor Canals (Amendment) Ordinance, 2002 (Ord. LVIII of 2002).
45. The North‑West Frontier Province Local Government
‑(Amendment) Act, 2005 (Act X of 2005).
46. The
North‑West Frontier Province ‘ Housing Authority Act, 2005 (Act XI of 2005) .
47. The
North‑West Frontier Province Consumers Protection (Amendment) Act, 2005 (Act
II of 2005) .
48. The North‑West Frontier Province ‘ Local Government
(Second Amendment) Act, 2006 (Act II of 2006).
49. The
North‑West Frontier Province Societies Registration (Amendment) Act, 2006
(Act III of 2006).
50. The
North‑West Frontier Province Prohibition of Kite Flying Activities Act, 2006
(Act IV of 2006).
51. The
North‑West Frontier Province Interest of Personal Loans Prevention Act, 2007.
52. The
North‑West Frontier .Province Agriculture and Livestock Produce Markets Act,
2007.
53. The
North‑West Frontier Province Forest Ordinance, 2002 (Ord. XIX of 2002).
54. The
Anti‑Terrorism (Second Amendment) Ordinance, 1999 (Ord. XIII of 1999).
55. The
Anti‑Terrorism (Third Amendment) Ordinance, 1999 (Ord. XX of 1999) .
56. The
Juvenile Justice System Ordinance, 2000 (Ord. XXII of 2000).
57. The
Anti‑Terrorism (Amendment) Ordinance, 2000 (Ord. XXIX of 2000) .
58. The
National Highway Safety Ordinance, 2000 (Ord. XL of 2000).
59. The Zakat
and Ushr (Amendment) Ordinance, 2000 (Ord. XXI of 2001).
60. The
Patents Ordinance, 2000 (Ord. LXI of 2001).
61. The
Control of Narcotic Substances (Amendment) Ordinance, 2000 (Ord. LXVI of 2000) .
62. The Zakat
and Ushr (Amendment) Ordinance, 2001 (Ord. XXI of 2001).
63. The Arms
Laws (Amendment) Ordinance, .2001 (Ord. LXVI of 2001).
64. The
Code of Civil Procedure (Amendment) Ordinance, 2002 (Ord. XXXIV of 2002).
65. The
General Clauses (Amendment) Ordinance, 2002 (Ord. XXXIII of 2002).
66. The
Representation of People (Amendment) Ordinance, 2002 (Ord. XXVIII of
2002).
67. The
Representation of People (Amendment)’ Ordinance, 2002 (Ord. XXXVI of
2002).
68. The
Representation of People (Third Amendment) Ordinance, 2002 (Ord. XLV of 2002).
69. The Zakat
and Ushr (Amendment) Ordinance, 2002 (Ord. XXV of 2002) .
70. The Zakat
and Ushr (Amendment) Ordinance, 2 002 (Ord. XXXVIII of 2002).
71. The
National Commission for Human Development Ordinance, 2002 (Ord. No. XXIX of
2002).
72. The
Pakistan. Electronic Media Regulatory Authority Ordinance, 2002 (Ord. No.
XIII of 2002).
73. The
Prevention and Control of Human Trafficking Ordinance, 2002 (LIX of
2002).
74. The
Probation of Offenders. (Amendment) Ordinance, 2002 (LXVI of 2002).
75. The
Prohibition of Smoking and Protection of Non‑Smokers Health Ordinance, 2002 (Ord.
LXXIV of 2002) .
76. The
Freedom of Information Ordinance, 2002(Ord. XCVI of 2 002).
77. The Press
Council of Pakistan Ordinance, 2002 (Ord. XCVII of 2002).
78. The
Press, Newspaper, News Agencies and Book Registration Ordinance, 2002 (Ord.
XCVIII of 2002).
79. The
Monopolies and Restrictive Trade Practices (Control and Prevention)
Ordinance, 2002 (Ord. CI of “ 2002).
80. The Drugs (Amendment) Ordinance, 2002 (Ord. XXVIII of
2002).
81. The Local Government, Election Laws (Amendment)
Ordinance, 2002.
82. The Political Parties Order, 2002 (C.E.O. 18 of 2002).
83. The Political Parties (Amendment) Order, 2002 (C.E.O.
.20 of 2002).
84. The Police. (Amendment) Order, 2002 (C.E.O. 36 of 2002).
85. The Contempt of Court Ordinance, 2003 (Ord. V of 2003.) .
86. The Political Parties (Amendment) Act, 2004 (Act III of
2004).
87. The Code of Civil Procedure (Amendment) Act, 2004 (Act
VIII of 2004).
88. The Defamation (Amendment) Act, 2004 (Act IX of 2004).
89. The Anti‑terrorism (Amendment) Act, 2004 (Act X of 2004).
90. The Illegal Dispossession Act, 2005 (Act XI of 2005).
91. The Marriage Functions (Prohibition of Ostentatious
Displays and Wasteful
Expenses) (Amendment) Act, 2006.
92. The Pakistan Electronic Media Regulatory Authority
(Amendment) Act, 2007 (II of 2007).
93. The Prevention of Electronic Crimes Ordinance, 2008.
94. The Control of Narcotics Substances Act, 1997 (XXV of
1997) .
SCHEDULE ‑II
(See
paragraphs 2 (1) (g) , 6(2)]
S.NO.
Designation of judges and Judicial Officers in the NWFP except PATA Designation
of judges and Judicial Officers in the PATA
1 2 3
1 District and Sessions Judge Zilla Qazi
2 Additional District and. Sessions Izafi Zilla Qazi Judge
3 Senior Civil Judge/Judicial Aa’la Illaqa Qazi
30 of Criminal Procedure Code,1898 (Act V of 1898) Aa’la
Illaqa Qazi
4 Civil Judge/Judicial Magistrate Illaqa Qazi
SCHEDULE
‑III
(See
paragraph 7(4)]
S.
No. Description of Offences
1 All
offences under Pakistan Penal Code punishable with imprisonment up to three
years with or with out fine.
2 All”
offences punishable under Local and Special Laws punishable up to three years
with or without fine.
3 Cases for
prevention of breach of peace and public nuisances under the Pakistan Penal
Code and the Code of Criminal Procedure, 1898.
4 Cases
pertaining to deviations of licenses and permits under relevant laws applicable
to the said area.
(OWAIS AHMED
GHANI)
Governor.
NWFP |
