THE

ARBITRATION ACT

[X OF 1940]

[11th March, 1940]

An Act to consolidate and amend the law relating to arbitration

Preamble.--Whereas it is expedient to consolidate and amend the law relating to arbitration in Pakistan.

It is hereby enacted as follows :--

CHAPTER-I

INTRODUCTORY

1. Short title, extent and commencement.--(1) This Act may be called the Arbitration Act, 1940.

(2) It extends to the whole of Pakistan.

(3) It shall come into force on the 1st day of July, 1940.

2. Definitions.--In this Act, unless there is anything repugnant in the subject or context:--

(a) "arbitration agreement" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not;

(b) "award" means an arbitration award;

(c) "Court" means a Civil Court having jurisdiction to decide the question forming the subject-matter of reference if the same had been the subject-matter of a suit, but does not, except for the purpose of arbitration proceedings under Section 21, include a Small Cause Court;

(d) "legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting;

(e) "reference" means a reference to arbitration.

CHAPTER-II

ARBITRATION WITHOUT INTERVENTION OF A COURT

3. Provisions implied in arbitration agreement.--An arbitration agreement, unless a different intention is expressed therein, shall be deemed to include the provisions set out in the First Schedule in so far as they are applicable to the reference.

4. Agreement that arbitrators be appointed by third party.--The parties to an arbitration agreement may agree that any reference thereunder shall be to an arbitrator or arbitrators to be appointed by a person designated in the agreement either by name or as the holder for the time being of any office or appointment.

5. Authority of appointed arbitrator or umpire irrevocable except by leave of Court.--The authority of an appointed arbitrator or umpire shall not be revocable except with the leave of the Court, unless a contrary intention is expressed in the arbitration agreement.

6. Arbitration agreement not to be discharged by death of party thereto.--(1) An arbitration agreement shall not be discharged by the death of any party thereto, either as respects the deceased or any other party, but shall, in such event be enforceable by or against the legal representative of the deceased.

(2) The authority of an arbitrator shall not be revoked by the death of any party by whom he was appointed.

(3) Nothing in this section shall affect the operation of any law by virtue of which any right of action is extinguished by the death of a person.

7. Provisions in case of insolvency.--(1) Where it is provided by a term in a contract to which an insolvent is a party that any difference arising thereout or in connection therewith shall be referred to arbitration, the said term shall if the receiver adopts the contract, be enforceable by or against him so or as it relates to any such differences.

(2) Where a person who has been adjudged an insolvent had, before the commencement of the insolvency proceedings, become a party to an arbitration agreement and any matter to which the agreement applies is required to be determined in connection with, or for the purposes of the insolvency proceedings, then, if the case is one to which subsection (1) does not apply, any other party to the agreement or the receiver may apply to the Court having jurisdiction in the insolvency proceedings for an order directing that the matter in question shall be referred to arbitration in accordance with the agreement and the Court may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order accordingly.

(3) In this section the expression "receiver" includes an Official Assignee.

8. Power of Court to appoint arbitrator or umpire.--(1) In any of the following cases:--

(a) where an arbitration agreement provides that the reference shall be to one or more arbitrators to be appointed by consent of the parties, and all the parties do not, after difference have arisen, concur, in the appointment or appointments; or

(b) if any appointed arbitrator or umpire neglects or refuses to Act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied; and the parties or the arbitrators, as the case may be, do not supply the vacancy; or

any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy.

(2) If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who gave notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of all parties.

9. Power to party to appoint new arbitrator or, in certain cases, a sole arbitrator.--Where an arbitration agreement provides that a reference shall be to two arbitrators, one to be appointed by each party, then, unless a different intention is expressed in the agreement:--

(a) if either of the appointed arbitrator, neglects or refuses to act, or is incapable of acting, or dies, the party who appointed him, may appoint a new arbitrator in his place;

(b) if one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for fifteen clear days, after the service by the other party of a notice in writing to make the appointment, such other party having appointed his arbitrator before giving the notice, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent:

Provided that the Court may set aside any appointment as sole arbitrators made under clause (b) and either, on sufficient cause being shown, allow further time to the defaulting party to appoint an arbitrator or pass such other order as it thinks fit.

Explanation.--The fact that an arbitrator or umpire, after a request by either party to enter on and proceed with the reference, does not within one month comply with the request may constitute a neglect or refusal to act within the meaning of section 8 and this section.

10. Provisions as to appointment of three or more arbitrators.--(1) Where an arbitration agreement provides that a reference shall be to three arbitrators, one to be appointed by each party and the third by the two appointed arbitrators, the agreement shall have effect as if it provided for the appointment, of an umpire,, and not for the appointment of a third arbitrator, by the two arbitrators appointed by the parties.

(2) Where an arbitration agreement provides that a reference shall be to three arbitrators to be appointed otherwise than as mentioned in sub-section (1), the award of the majority shall, unless the arbitration agreement otherwise provides, prevail.

(3) Where an arbitration agreement provides for the appointment of more arbitrators than three, the award of the majority, or if the arbitrators are equally divided in their opinions, the award of the umpire shall, unless the arbitration agreement otherwise provides, prevail.

11. Power of Court to remove arbitrators or umpire in certain circumstances.--(1) The Court may, on the application of any party to reference, remove an arbitrator or umpire who fails to use all reasonable dispatch in entering on and proceeding with the reference and making an award.

(2) The Court may remove an arbitrator or umpire who has misconducted himself or the proceedings.

(3) Where an arbitrator or umpire is removed under this section, he shall not be entitled to receive any remuneration in respect of his services.

(4) For the purposes of this section the expression "proceeding with the reference" includes; in a case where reference to the umpire becomes necessary, giving notice of that fact to the parties and to the umpire.

12. Power of Court where arbitrator is removed or his authority revoked.--(1) Where the Court removes an umpire who has not entered on the reference or one or more arbitrators (not being all the arbitrators), the Court may, on the application of any party to the arbitration agreement, appoint persons to fill the vacancies.

(2) Where the authority of an arbitrator or arbitrators or an umpire is revoked by leave of the Court, or where the Court removes an umpire who has entered on the reference or a sole arbitrator or all the arbitrators, the Court may, on the application of any party to the arbitration agreement, either:--

(a) appoint a person to act as sole arbitrator in the place of the person or persons displaced, or

(b) order that the arbitration agreement shall cease to have effect with respect to the difference referred.

(3) A person appointed under this section as an arbitrator or umpire shall have the like power to act in the reference and to make an award as if he had been appointed in accordance with the arbitration agreement.

13. Powers of arbitrator.--The arbitrators or umpire shall, unless a different intention is expressed in the agreement, have power to:--

(a) administer oath to the parties and witnesses appearing;

(b) state a special case for the opinion of the Court on any question of law involved, or state the award, wholly or in part, in the form of a special case of such question for the opinion of the Court;

(d) correct in an award any clerical mistake or error arising from any accidental slip or omission;

(e) administer to any party to the arbitration such interrogatories as may, in the opinion of the arbitrators or umpire, be necessary.

14. Award to be signed and filed.--(1) When the arbitrators or umpire have made their award, they shall sign it and shall give notice in writing to the parties of the making and signing thereof and of the amount of fees and charges payable in respect of the arbitration and award.

(2) The arbitrators or umpire shall, at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by the Court and upon payment of the fees and charges due in respect of the arbitration and award and of the costs and charges of filing the award, cause the award or a signed copy of it, together with any, depositions and documents which may have been taken and proved before them, to be filed in Court, and the Court shall thereupon give notice to the parties of the filing of the award.

(3) Where the arbitrators or umpire state a special case under clause (b) of Section 13, the Court, after giving notice to the parties and hearing them, shall pronounce its opinion thereon and such opinion shall be added to and shall form, part of the award.

15. Power of Court to modify award.--The Court may by order modify or correct an award:--

(a) where it appears that a part of the award is upon a matter not referred to arbitration and such part can be separated from the other part and does not affect the decision on the matter referred; or

(b) where the award is imperfect in form, or contains any obvious error which can be amended without effecting such decision; or

16. Power to remit award.--(1) The Court may from time to time remit the award or any matter referred to arbitration to the arbitrators or umpire for reconsideration upon such terms as it thinks fit:--

(a) where the award has left undetermined any of the matters referred to arbitration, or where it determines any matter not referred to arbitration and such matter cannot be separated without affecting the determination of the matters referred; or

(b) where the award is so indefinite as to be incapable of execution; or

(2) Where an award is remitted under sub-section (1) the Court shall fix the time within which the arbitrator or umpire shall submit his decision to the Court:

Provided that any time so fixed may be extended by subsequent order of the Court.

(3) An award remitted under sub-section (1) shall become void on the failure of the arbitrator or umpire to reconsider it and submit his decision within the time fixed.

17. Judgment in terms of award.--Where the Court sees no cause to remit the award or any of the matters referred to arbitration for consideration or to set aside the award, the Court shall, after the time for making an application to set aside the award has expired, such application having been made, after refusing it, proceed to pronounce judgment according to the award, and upon the judgment so pronounced a decree shall follow, and no appeal shall lie from such decree except on the ground that it is in excess of, or not otherwise in accordance with, the award.

18. Power of Court to pass interim orders.--(1) Notwithstanding anything contained in Section 17, at any time after the filing of the award, whether notice of the filing has been served or not, upon being satisfied by affidavit or otherwise that a party has taken or is about to take steps to defeat, delay or obstruct the execution of any decree that may be passed upon the award, or that speedy execution of the award is just and necessary, the Court may pass such interim orders as it deems necessary.

(2) Any person against whom such interim orders have been passed may show cause against such orders, and the Court, after hearing the parties, may pass such further orders as it deems necessary and just.

19. Power to supersede arbitration where award becomes void or is set aside.--Where an award has become void under sub-section (3) of Section 16 or has been set aside, the Court may by order supersede the reference and shall thereupon order that the arbitration agreement shall cease to have effect with respect to the difference referred.

CHAPTER-III

ARBITRATION WITH INTERVENTION OF A COURT WHERE THERE

IS NO SUIT PENDING

20. Application to file in Court arbitration agreement.--(1) Where any person have entered into an arbitration agreement before the institution of any suit with respect to the subject-matter of the agreement or any part of it, and where a difference has arisen to which the agreement applies, they or any of them, instead of proceeding under Chapter II may apply to a Court having jurisdiction in the matter to which the agreement relates, that the agreement be filed in the Court.

(2) The application shall be in writing and shall be numbered and registered as a suit between one or more of the parties interested or claiming to be interested as plaintiff or plaintiffs and the remainder as defendant or defendants, if the application has been presented by all the parties, or, if otherwise, between the applicant as plaintiff and the other parties as defendants.

(3) On such application being made, the Court shall direct notice thereof to be given to all parties to the agreement other than the applicants, requiring them to show cause within the time specified in the notice why the agreement should not be filed.

(4) Where no sufficient cause is shown, the Court shall order the agreement to be filed, and shall make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise, or, where the parties cannot agree upon an arbitrator, to an arbitrator appointed by the Court.

(5) Thereafter the arbitration shall proceed in accordance with, and shall be governed by, the other provisions of this Act so far as they can be made applicable.

CHAPTER-IV

ARBITRATION IN SUITS

21. Parties to suit may apply for order of reference.--Where in any suit all the parties interested agree that any matter in difference between them in the suit shall be referred to arbitration, they may at any time before judgment is pronounced, apply in writing to the Court for an order of reference.

22. Appointment of arbitrator.--The arbitrator shall be appointed in such manner as may be agreed upon between the parties.

23. Order of reference.--(1) The Court shall, by order, refer to the arbitrator the matter on difference which he is required to determine, and shall in the order specify such time as it thinks reasonable for the making of the award.

(2) Where a matter is referred to arbitration the Court shall not, save in the manner and to the extent provided in this Act, deal with such matter in the suit.

24. Reference to arbitration by some of the parties.--Where some only of the parties to a suit apply to have the matters in difference between them referred to arbitration in accordance with, and, in the manner provided by Section 21, the Court may, if it thinks fit so, refer such matters to arbitration (provided that the same can be separated from the rest of the subject-matter of the suit) in the manner provided in that section, but the suits shall continue so far as it relate to the parties who have not joined in the said application and to matters not contained in the said reference as if no such application had been made, and an award made in pursuance of such a reference shall be binding only on the parties who have joined in the application.

25. Provisions applicable to arbitrations under this Chapter.--The provisions of the other Chapters shall, so far as they can be made applicable, apply to arbitrations under this Chapter:

Provided that the Court may, in any of the circumstances mentioned in Sections 8, 10, 11 and 12, instead of filling up the vacancies or making the appointment, make an order superseding the arbitration and proceed with the suit, and where the Court makes an order superseding the arbitration under Section 19, it shall proceed with the suit.

CHAPTER-V

GENERAL

26. Application of Chapter.--Save as otherwise provided in this Act, the provision of this Chapter shall apply to all arbitrations.

[26-A. Award to set out reasons.--(1) The arbitrator or umpire shall state in the award the reasons for the award in sufficient detail to enable the Court to consider any question of law arising out of the award.

(2) Where the award does not state the reasons in sufficient detail, the Court shall remit the award to the arbitrators or umpire and fill the time within which the arbitrator or umpire shall submit the award together with the reasons in sufficient detail:

Provided that any time so fixed may be extended by subsequent order of the Court.

(3) An award remitted under sub-section (2) shall become void on the failure of the arbitrator or umpire to submit it in accordance with the direction of the Court.]

27. Power of arbitrators to make an interim award.--(1) Unless a different intention appears in the arbitration agreement, the arbitrators or umpire may, if they think fit, make an interim award.

(2) All references in this Act to an award shall include references to an interim award made under sub-section (1).

28. Power to Court only to enlarge time for making award.--(1) The Court may, if it thinks fit, whether the time for making the award has expired or not and whether the award has been made or not, enlarge from time to time the time for making the award.

(2) Any provision in an arbitration agreement whereby the arbitrators or umpire may, except with the consent of all the parties to the agreement, enlarge the time for making the award, shall be void and of no effect.

29. Interest on awards.--Where and in so far as an award is for the payment of money, the Court may in the decree order interest, from the date of the decree at such rate as the Court deems reasonable, to be paid on the principal sum as adjusted by the award and confirmed by the decree.

30. Grounds for setting aside award.--An award shall not be set aside except on one or more of the following grounds, namely--

(a) than an arbitrator or umpire has misconducted himself or the proceedings;

(b) that an award had been made after the issue of an order by the Court superseding the arbitration or after arbitration, proceedings have become invalid under Section 35;

31. Jurisdiction.--(1) Subject to the provisions of this Act, an award may be filed in any Court having jurisdiction in the matter to which the reference relates.

(2) Notwithstanding anything contained in any other law for the time being in force and save as otherwise provided in this Act, all questions regarding the validity, effect or existence of an award or an arbitration agreement between the parties to the agreement or persons claiming under them, shall be decided by the Court in which the award under the agreement has been, or may be, filed, and by no other Court.

(3) All applications regarding the conduct of arbitration proceedings or otherwise arising out of such proceedings, shall be made to the Court where the award has been, or may be, filed, and to no other Court.

(4) Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, where in any reference any application under this Act has been made in a Court competent to entertain it, that Court alone shall have jurisdiction over the arbitration proceedings and all subsequent application arising out of that reference and the arbitration proceedings shall be made in that Court and in no other Court.

32. Bar to suit contesting arbitration agreement or award.--Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the existence, effect or validity of an arbitration agreement or award, nor shall any arbitration agreement or award be set aside, amended, modified or in any way affected otherwise than as provided in this Act.

33. Arbitration agreement or award to be contested by application.--Any party to an arbitration agreement or any person claiming under him, desiring to challenge the existence or validity of an arbitration agreement or an award or to have the effect of either determined shall apply to the Court and the Court shall decide the question on affidavits :

Provided that where the Court deems it just and expedient, it may set down the application for hearing on other evidence also, and it may pass such orders for the discovery and particulars as it may do in a suit.

34. Power to stay legal proceedings where there is an arbitration agreement.--Where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other party to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings; and if satisfied that there is no sufficient reasons why the matter should not be referred in accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary, to the proper conduct of the arbitration, such authority may make an order staying the proceedings.

35. Effect of legal proceedings on arbitration.--(1) No reference nor award shall be rendered invalid by reason only of the commencement of legal proceedings upon the subject-matter of the reference, but when legal proceedings upon the whole of the subject-matter of the reference have been commenced between all the parties to the reference and a notice thereof has been given to the arbitrators or umpire, all further proceedings in a pending reference shall, unless a stay of proceedings is granted under Section 34, be invalid.

(2) In this section the expression "parties to the reference" includes any person claiming under any of the parties and litigating under the same title.

36. Power of Court, where arbitration agreement is ordered not to apply to a particular difference, to order that a provision making an award, a condition precedent to an action shall not apply to such difference.--Where it is provided (whether in the arbitration agreement or otherwise) that an arbitration- agreement shall be a condition precedent to the bringing of an action with respect to any matter to which the agreement applies, the Court, if it orders (whether under this Act or any other law) that the agreement shall cease to have effect as regards any particular difference may further order that the said provision shall also cease to have effect as regards that difference.

37. Limitations.--(1) All the provisions of the Limitation Act, 1908, shall apply to arbitrations as they apply to proceedings in Court.

(2) Notwithstanding any term in an arbitration agreement to the effect that no cause of action shall accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, a cause of action shall, for the purpose of limitation, be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.

(3) For the purposes of this section and of the Limitation Act, 1908, an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring that the difference be submitted to the person so named or designated.

(4) When the terms of an agreement to refer future differences to arbitration provide that any claims to which the agreement applies shall be barred unless notice to appoint arbitrator is given or an arbitrator is appointed or some other step to commence arbitration proceedings is taken within a time fixed by the agreement, and a difference arises to which the agreement applies, the Court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and notwithstanding that the time so fixed has expired, may on such terms, if any, as the justice of the case may require, extend the time for such period as it thinks proper.

(5) Where the Court orders that an award be set aside or orders, after the commencement of an arbitration, that the arbitration agreement shall cease to have effect with respect to the difference referred, the period between the commencement of the arbitration and the date of the order of the Court shall be excluded in computing the time prescribed by the Limitation Act, 1908, for the commencement of the proceedings (including arbitration) with respect to the difference referred.

38. Disputes as to arbitrator's remuneration or costs.--(1) If in any case an arbitrator or umpire refuses to deliver his award except on payment of the fees demanded by him, the Court may, on an application in this behalf, order that the arbitrator or umpire shall deliver the award to the applicant on payment into Court by the applicant, of the fees demanded, and shall, after such inquiry, if any, as it thinks fit, further order that out of the money so paid into Court there shall be paid to the arbitrator or umpire by way of fees sum as the Court may consider reasonable and that the balance of the money, if any, shall be refunded to the applicant.

(2) An application under sub-section (1) may be made by any party to the reference unless the fees demanded have been fixed by written agreement between him and the arbitrator or umpire, and the arbitrator or umpire shall be entitled to appear and be heard on any such application.

(3) The Court may make such orders as it thinks fit respecting the costs of an arbitration where any question arises respecting such costs and the award contains no sufficient provision concerning them.

CHAPTER-VI

APPEALS

39. Appealable orders.--(1) An appeal shall lie from the following orders passed under this Act (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order:--

An order--

(i) superseding an arbitration;

(ii) on an award stated in the form of a special case;

(iii) modifying or correcting award;

(iv) filing or refusing to file an arbitration agreement;

(v) staying or refusing to stay legal proceedings where there is an arbitration agreement;

(vi) setting aside or refusing to set aside an award:

Provided that the provisions of this section shall not apply to any order passed by a Small Cause Court.

(2) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme Court.

CHAPTER-VII

MISCELLANEOUS

40. Small Cause Court not to have jurisdiction over arbitrations save arbitration in suits before it.--A Small Cause Court shall have no jurisdiction over any arbitration proceedings or over any application arising thereout save on application made under Section 21.

41. Procedure and powers of Court.--Subject to the provisions of this Act and of rules made thereunder--

(a) the provisions of the Code of Civil Procedure, 1908, shall apply to all proceedings, before the Court, to all appeals, under this Act, and

(b) the Court shall have, for the purpose of, and in relation to, arbitration proceedings, the same power of making orders in respect of any of the matters set out in the Second Schedule as it has for the purpose of, and in relation to, any proceeding in before the Court:

Provided that nothing in clause (b) shall be taken to prejudice any power which may be vested in an arbitrator or umpire for making orders with respect to any of such matters.

42. Service of notice by party or arbitrator.--Any notice required by this Act to be served otherwise than through the Court by a party to an arbitration agreement or by an arbitrator or umpire shall be served in the manner provided in the arbitration agreement, or if there is no such provision, either--

(a) by delivering it to the person on whom it is to be served, or •

(b) by sending it by the post in a letter addressed to that person at his usual or last known place of abode or business in Pakistan and registered under Chapter VI of the Post Office Act, 1898.

43. Power of Court to issue processes for appearance before arbitrator.--(1) The Court shall issue the same processes to the parties and witnesses whom the arbitrator or umpire desires to examine as the Court may issue in suits tried before it.

(2) Persons failing to attend in accordance with such process, or making any other default, or refusing to give their evidence of guilty or any contempt to the arbitration or umpire during the investigation of the reference, shall be subject to the like disadvantages, penalties and punishments by order of the Court on the representation of the arbitrator or umpire as they would incur for the like offences in suits tried before the Court.

(3) In this section the expression "process" includes summonses and commissions' for the examination of witnesses and summonses to produce documents.

44. Power to High Court to make rules.--The High Court may make rules consistent with this Act as to--

(a) the filing of awards and all proceedings consequent thereon or incidental thereto;

(b) the filing and hearing of special cases and all proceedings consequent thereon or incidental thereto;

(d) the forms to be used for the purposes of this Act;

(e) generally, all proceedings in Court under this Act.

45. Government to be bound.--The provisions of this Act shall be binding on the Government.

46. Application of Act to statutory arbitrations.--The provisions of this Act, except sub-section (1) of Section 6 and Sections 7, 12, 36 and 37, shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except in so far as this Act is inconsistent with that other enactment or with any rules made thereunder.

47. Act to apply to all arbitrations.--Subject to the provisions of Section 46, and save in so far as is otherwise provided by any law for the time being in force, the provisions of this Act shall apply to all arbitrations and to all proceedings thereunder:

Provided that an arbitration award otherwise obtained may with the consent of all the parties interested be taken into consideration as a compromise or adjustment of a suit by any Court before which the suit is pending.

48. Saving for pending references.--The provisions of this Act shall not apply to any reference pending at the commencement of this Act, to which the law in force immediately before the commencement of this Act shall, notwithstanding any repeal affected by this Act, continue to apply.

49. Repeals and Amendment.--[Rep. by the Repealing and Amending Act, 1945 (VI of 1945), S. 2 and First Schedule.]

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FIRST SCHEDULE

(See Section 3)

IMPLIED CONDITIONS OF ARBITRATION AGREEMENTS

1. Unless otherwise expressly provided, the reference shall be to a sole arbitrator.

2. If the reference is to an even number of arbitrators, the arbitrators shall appoint an umpire not later than one month from the latest date of their respective appointments.

3. The arbitrators shall make their award within four months after entering on the reference or after having been called upon to act by notice in writing from any party to the arbitration agreement or within such extended time as the Court may allow.

4. If the arbitrators have allowed their time to expire without making an award or have delivered to any party to the arbitration agreement or to the umpire a notice in writing stating that they cannot agree, the umpire shall forthwith enter on the reference in lieu of the arbitrators.

5. The umpire shall make his award within two months of entering on the reference or within such extended time as the Court may allow.

6. The parties to the reference and all persons claiming under them shall subject to the provisions of any law for the time being in force, submit to be examined by the arbitration or umpire on oath or affirmation in relation to the matters in difference and shall, subject as aforesaid, produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within their possession or power respectively, which may be required or called for, and do all other things which during the proceedings on the reference, the arbitrators or umpire may require.

7. The award shall be final and binding on the parties and persons claiming under them respectively.

8. The cost of the reference and award shall be in the discretion of the arbitrators or umpire who may direct to, and by whom, and in what manner, such costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof and may award costs to be paid as between legal practitioner and client.

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SECOND SCHEDULE

(See Section 41)

POWERS OF COURT

1. The preservation, interim custody or sale of any goods which are subject-matter of the reference.

2. Securing the amount in difference in the reference.

3. The detention, preservation or inspection of any property or thing which is the subject of the reference or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon or into any land or building in the possession of any party to the reference, or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.

4. Interim injunction or the appointment of a receiver.

5. The appointment of a guardian for a minor or person of unsound mind for the purposes of arbitration proceedings.

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THIRD SCHEDULE

Enactments Repealed

Repealed by Section 2 and Sched. 1 of the Repealing and Amending Act, 1945 (VI of 1945).

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FOURTH SCHEDULE

Enactments Amended

Repealed by Section 2 and Sched. 1 of the Repealing and Amending Act, 1945 (VI of 1945).

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THE

BANKING TRIBUNALS

ORDINANCE, 1984

[LVIII OF 1984]

[31st December, 1984]

An Ordinance to provide a machinery for recovery of finance provided by Banking Companies under a system of financing which is not based on interest

Preamble.--Whereas it is expedient to provide a machinery for recovery of finance provided by banking companies under a system of financing which is not based on interest;

And whereas the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:--

1. Short title, extent and commencement.--(1) This Ordinance may be called the Banking Tribunals Ordinance, 1984.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.--In this Ordinance, unless there is anything repugnant in the subject or context:--

(a) "banking company" means--

(i) a bank as defined in the Bank Nationalization Act, 1974 (XIX of 1974);

(ii) A company incorporated outside Pakistan and transacting the business of banking in Pakistan; and

(iii) a company specified in the Schedule;

(b) `Banking Tribunal' means a tribunal established under Section 4;

(c) `customer' means a person who has obtained finance from a banking company or is the real beneficiary of such finance, and includes a surety and an indemnifier;

(d) `commencing day' means the day on which this Ordinance comes into force;

(e) `Finance' includes an accommodation or facility under a system which is not based on interest but provided on the basis of participation in profit and loss, mark-up or mark-down in price, hire purchase, lease, rent sharing, licensing, charge or fee of any kind, purchase and sale of any property, including commodities, patents, designs, trade marks and copyrights, bills of exchange, promissory notes or other instruments with or without buy-back arrangement by a seller, participation term certificate, musharika certificate, modaraba certificate, term finance certificate or any other mode other than an accommodation or facility based on interest and also includes guarantees, indemnities and any other obligation, whether fund based or non-fund based, and any accommodation or facility the real beneficiary whereof is a person other than the person to whom or in whose name it was provided; and

(f) `rules' means rules made under this Ordinance.

3. Ordinance not to Derogate from other laws.--The provisions of this Ordinance shall be in addition to and, save as otherwise provided in this Ordinance, not in derogation of, any other law for the time being in force.

4. Establishment of Banking Tribunals.--(1) The Federal Government may, by notification in the official Gazette, establish as many Banking Tribunals as it considers necessary, and where it establishes more than one Banking Tribunal, shall specify in the notification the territorial limits within which each of them shall exercise jurisdiction under this Ordinance.

(2) A Banking Tribunal shall consist of a person who is, or has been, or is qualified for appointment as Judge of High Court or a District Judge or an Additional District Judge, who shall be the Chairman, and two members, to be appointed by the Federal Government.

(3) To constitute a sitting of a Banking Tribunal, the presence, of the Chairman and not less than one member shall be necessary.

(4) A decision of a Banking Tribunal shall be expressed in terms of the opinion of the majority of its members, including the Chairman, or, if the case has been decided by the Chairman and only one of the members and there is a difference of opinion between them, in terms of the opinion of the Chairman.

(5) A Banking Tribunal shall not, merely by reason of a change in its composition, or the absence of any member from any sitting, be bound to recall and rehear any witness who has given evidence, and may act on the evidence already recorded by or produced before it.

(6) A Banking Tribunal may hold its sitting at such places within its territorial jurisdiction as the Chairman may decide from time to time.

(7) No act or proceeding of a Banking Tribunal shall be invalid by reason only of the existence of a vacancy in, or defect in the Constitution of, the Banking Tribunal.

5. Powers of Banking Tribunals.--(1) A Banking Tribunal shall--

(a) In the exercise of its civil jurisdiction, have in respect of a claim filed by a banking company against a customer in respect of, or arising out of, finance, provided by it, all the powers vested in a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908);

(b) In the exercise of its criminal jurisdiction, try the offences punishable under this Ordinance and shall, for this purpose, have the same powers as are vested in the Court of Session under the Code of Criminal Procedure, 1898 (Act V of 1898):

Provided that a Banking Tribunal shall not take cognizance of any offence punishable under this Ordinance except upon complaint in writing made by a person authorised in this behalf by the banking company in respect of which the offence was committed; and

(c) exercise and perform such other powers and functions as are, or may be, conferred upon, or assigned to it, by or under this Ordinance;

(d) A Banking Tribunal shall, in all matters with respect to which procedure has not been provided for in this Ordinance, follow the procedure laid down in the Code of Civil Procedure, 1908 (Act V of 1908), and the Code of Criminal Procedure, 1898 (Act V of 1898).

(2) All proceedings before a Banking Tribunal shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860), and the Banking Tribunal shall be deemed to be a Court for the purposes of Sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).

(3) No Court other than a Banking Tribunal shall have or exercise any jurisdiction with respect to any matter to which the jurisdiction of a Banking Tribunal extends under this Ordinance, including a decision as to the existence or otherwise of finance and the execution of a decree passed by a Banking Tribunal:

Provided that nothing in this sub-section shall be deemed to affect--

(a) the right of a banking company to seek any remedy before any Court or otherwise that may be available under the law by which the banking company may have been established or under that law as amended from time to time, or

(b) the power or jurisdiction of the banking company or any Court such as is referred to in clause (a);

come require the transfer to a Banking Tribunal of any proceeding pending before the banking company or any such Court immediately before the commencing day.

6. Procedure of Banking Tribunal.--(1) Where a customer commits default in fulfilling any obligation to a banking company, the banking company may file against such customer with the banking tribunal a plaint which shall be verified on oath by the Branch Manager or an officer of the rank of Assistant Vice-President or Assistant Manager or such other officer as the Board of Directors of the banking company may authorise in this behalf.

(2) On a plaint being filed with the Banking Tribunal in accordance with the provisions of sub-section (1), the Banking Tribunal shall issue notice requiring the defendant to show-cause, within ten days of the service of such notice, as to why decree as prayed for in the plaint should not be passed against him.

(3) The notice under sub-section (2) shall be served on the defendant in accordance with the procedure for service of notice laid down in sub-section (3) of Section 4 of the Banking Companies (Recovery of Loans) Ordinance, 1979.

(4) Upon the defendant failing to file a reply within the time given in the show-cause notice under sub-section (2) or upon rejection by the Banking Tribunal of the plea taken by him in the reply, the Banking Tribunal shall pass a decree in favour of the banking company as prayed for in the plaint.

(5) In the event of the Banking Tribunal passing a decree against the defendant failing to give a reply to the show-cause notice within the period specified in sub-section (2), the Tribunal may, on the application of the defendant filed within thirty days of the passing of the decree, set aside the same and permit the defendant to file his reply under that sub-section provided it is satisfied that there was sufficient cause for the defendant not having filed the reply within the specified period.

[(6) All suits filed in the Banking Tribunal shall be disposed of within ninety days of the filing of the plaint and, in case the proceedings continue beyond the said period, the defendant shall be asked to furnish a bank guarantee acceptable to the Banking Tribunal to the extent of the claim in suit and, on failure of the defendant to furnish such bank guarantee within a period of fifteen days, the Banking Tribunal shall pass a decree in favour of the banking company as prayed for in the plaint:

Provided that, where the claim of the banking company is based on default of the defendant in payment of agreed instalments, the bank guarantee shall be to the extent of the amount of instalments in default:

Provided further that, in case the proceedings continue beyond a further period of one hundred and twenty days, the defendant shall deposit with the Banking Tribunal in cash the amount claimed in the plaint and, on failure of the defendant to make such deposit within fifteen days, the Banking Tribunal shall pass a decree in favour of the banking company as prayed for in the plaint];

(7) Any amount deposited by the defendant with the Banking Tribunal under sub-section (6) [before the commencement of the Finance Act, 1990] may be withdrawn by the banking company upon an undertaking to refund the same to the Banking Tribunal is so ordered at any time.

(8) Where the claim filed before the Banking Tribunal is for the enforcement of a mortgage of immovable property, "decree" shall mean final decree for foreclosure, sale or redemption, as the case may be, as provided in Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908.

7. Provisions relating to Certain Offences.--(1) Whoever intentionally destroys, or removes, or reduces the value of the property on the security of which finance was provided to him, or, without the prior approval in writing of the banking company which provided finance, transfers such property or any part thereof otherwise than in accordance with the terms of approval shall, without prejudice to any other action which may be taken against him under this Ordinance or any other law for the time being in force, be punishable with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine, and shall be ordered by the Banking Tribunal trying the offence to deliver up or refund, within a time to be fixed by the Banking Tribunal, the property or the value of the property so destroyed, removed or reduced in value or transferred, as the case may be.

(2) All offences under this Ordinance shall be bailable, non-cognizable and compoundable.

(3) Where the person guilty of an offence under this Ordinance is a company or other body corporate, the chief executive by whatever name called, and every director, other than a non-executive director, manager, secretary and other officer thereof shall, unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence, also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

8. Application of fines.--A Banking Tribunal imposing any fine under this Ordinance may direct that the whole or a part thereof shall be applied in or towards:--

(a) Payment of cost of all or any of the proceedings under this Ordinance; and

(b) Payment to a banking company of compensation for any loss caused by the offence, including loss of income.

9. Appeal.--(1) Any person aggrieved by any order of the Banking Tribunal passed under sub-section (4) or sub section (5) of Section 6 or a decree or sentence passed under this Ordinance may, within thirty days of such order, decree or sentence, prefer an appeal to the High Court:

Provided that no appeal filed by the defendant against a decree shall be entertained unless the defendant has deposited with the Banking Tribunal the amount claimed in the suit under sub-section (6) of Section 6 or the decretal amount:

Provided further that where the claim of the banking company is based on the default of the defendant in payment of agreed instalments the deposit shall be to the extent of the amount of instalments in default.

(2) An appeal under sub-section (1) shall be heard by a bench of not less than two judges.

10. Finality of Orders.--Subject to the provisions of appeal under Section 9, no Court or other authority shall call, or permit to be called, in question any proceeding, order, judgment or decree of a Banking Tribunal or the legality or propriety of anything done or intended to be done by the Banking Tribunal under this Ordinance.

11. Execution of Decree.--The Banking Tribunal shall, on the written [or oral] application of the decree-holder, forthwith order execution of the decree or order and where the decree or order pertains to money recover the amount covered by the decree or order, as the case may be, as arrears of land revenue in such other manner as may be applied for by the decree-holder, in accordance with the provisions of the Code of Civil Procedure 1908 (Act V of 1908), or any other law for the time being in force:

Provided that, in the case of application by the decree-holder for execution of the decree by arrest and detention of the judgment-debtor in prison, the proviso to Section 51 of the Code of Civil Procedure, 1908 (Act V of 1908) and Rules 37 and 40 of Order XXI of the First Schedule to the said Code shall not apply and the Banking Tribunal shall, on such application, after giving the judgment-debtor opportunity of being heard, make an order for detention of the judgment-debtor in civil prison and shall, in that event, cause him to be arrested if he is not already under arrest.

(2) The Banking Tribunal shall not without the consent of the decree-holder allow the decretal amount to be paid in instalments.

(3) Notwithstanding anything contained in this Ordinance, where a banking company holds any property belonging to the judgment-debtor as security, it may sell the same without intervention of Court either by public auction or private treaty to any person, and appropriate the proceeds thereof according to law towards total or partial satisfaction of the decree:

Provided that proper account of the proceeds shall be filed with the Banking Tribunal not later than thirty days from the date of such satisfaction:

Provided further that, where the banking company wishes to sell the property by private treaty, it shall, before concluding the sale, give to the judgment-debtor, by a notice, the option to purchase or redeem it, as the case may be, at the same price within such time as the banking company may specify in such notice.

(4) Where a decree passed by a Banking Tribunal remains unsatisfied beyond a period of thirty days from the day of the decree, the Banking Tribunal shall on application by the decree-holder impose a penalty on the judgment-debtor of such amount as it may deem appropriate and the amount of such penalty shall be recovered from the judgment-debtor as a fine under the Code of Criminal Procedure, 1898 (Act V of 1898), and the recovery so made shall be made over to the Banking Company as liquidated damages for failure of the judgment-debtor to satisfy the decree.

(5) Any penalty imposed by a Banking Tribunal on a judgment-debtor under sub-section (4) shall not be a bar to imposition of any further penalty at a later date where the failure to pay the decretal amount continues.

12. Limitation Act, 1908 (Act IX of 1908), not to apply.--The provisions of the Limitation Act, 1908 (Act IX of 1908), shall not apply to any suit, application or other proceedings filed by a banking company under this Ordinance.

13. Power to amend Schedule.--The Federal Government may, by notification in the official Gazette, modify the Schedule so as to add any entry thereto or omit any entry therefrom.

14. Powers to make Rules.--The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

15. Indemnity.--No suit, prosecution or other legal proceedings shall be against the Federal Government, a Banking Tribunal or a banking company or any other person for anything which is in good faith done or intended to be done under this Ordinance or any rule or order made thereunder.

16. Removal of Difficulties.--If any difficulty arises in giving effect to any of the provisions of this Ordinance, the Federal Government may, by notification in the official Gazette, make such provision as it thinks fit for removing that difficulty.

SCHEDULE

[See Sections 2 (a) and 13]

(1) Bankers Equity Limited.

(2) House Building Finance Corporation.

(3) Investment Corporation of Pakistan.

(4) National Development Finance Corporation.

(5) National Investment Trust.

(6) Pakistan Industrial Credit and Investment Corporation.

(7) Pak-Libya Holding Co. Limited.

(8) Pak-Kuwait Investment Co. Limited.

(9) Saudi Pak-Investment Co. Limited.

(10) Small Business Finance Corporation.

-----------------------

THE

CANTONMENT RENT

RESTRICTION ACT,

1963

[XI OF 1963]

An Act to make provisions for the control of rents of

certain class of buildings within the limits of the

Cantonment Areas and for the eviction of

tenants therefrom

Whereas it is expedient to make provision for the control of rents of certain class of buildings within the limits of the cantonment areas, for the eviction of tenants therefrom and for matters connected therewith:

It is hereby enacted as follows:-

1. Short title extent and commencement.--(1) This act may be called the Cantonment Rent Restriction Act, 1963.

(2) It extends to all cantonments in Pakistan.

(3) It shall come into force at once.

2. Definitions.--In this Act, unless there is anything repugnant in the subject or context,--

1[(a) "Additional Controller" means as Additional Controller of Rent appointed under sub-section (2) of Section 6;]

2[(aa) "building" means any building or part of a building, whether residential or not, together with all fittings and fixtures, therein, if any, and includes any gardens, grounds, garages and outhouses attached or appurtenances to such building or part, and vacant land, but does not include any place of religious worship;]

(b) "Cantonment Board" means a Cantonment Board constituted under the Cantonments Act, 1924 (II of 1924);

(d) "Controller" means a Controller of Rents appointed by the Federal Government under sub-section (1) of Section 6 includes an Additional Controller;

[Omitted by the Ordinance, IX of 1985, S. 2]

(e) "family" of a person means and includes a husband, wife, children, dependent parents, dependent brothers, unmarried or widowed sisters and a deceased son's widow and children residing with, and wholly dependent upon, that person;

(f) "a house is said to be in a sate of reasonable repair, when--

(i) all floors, walls, pillars, arches and roofs are sound and watertight;

(ii) all doors and windows are intact, properly painted or oiled, and provided with proper hooks or bolts or other necessary fastening;

(iii) all rooms, outhouse and appurtenant buildings are properly colour-washed or white-washed; and

(iv) all electric, water and sanitary fittings, if any, are properly maintained and are safe, sound and without leakage;

(g) "Landlord" means any person for the time being entitled to receive rent in respect of any building whether on his own account or on behalf or for the benefit of any other persons, or as a trustee, guardian or receiver and includes a tenant who, being authorised under the terms of his lease so to do, sublets the building and every other person for the time being deriving title from the landlord;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "residential building" means any building used for the purposes of residence and includes a hostel, boarding house and residential hotel; and

(j) "tenant" means any person who undertake or is bond to pay rent as consideration for the possession or occupation of a building by him or by any other person on his behalf, and includes--

(i) any person who continues to be in possession or occupation of a building after the termination of his tenancy; and

(ii) in the event of the death of the tenant, his heirs and successor and after the termination of the tenancy, his heirs and successors who continue to be in possession or occupation of the building.

3. Act not apply to certain building.--Nothing contained in this Act shall apply to--

(a) any evacuee property as defined in the Pakistan (Administration of Evacuee Property) Act, 1957 (XII of 1957); and

(b) any property owned by the Federal Government, any Provident Government, Railway, Port Trust or Cantonment Board and any property owned, managed or controlled by any other local authority under the administrative control of the 1[Federal Government] or of any Provincial Government.

4. Power of exemption.--The Federal Government may by notification in the official Gazette, direct that all or any of the provisions of this Act shall not apply to any cantonment or to any particular building or class of buildings or to buildings in any specif area.

5. Act to override other laws.--The provision of this Act and any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in any instrument or document.

6. Appointment of controller.--(1) The Federal Government may, for purposes of this Act, by notification in the official Gazette appoint a person to be the Controller of Rents for one or more cantonments.

(2) The Federal Government may also, by notification in the official Gazette, appoint a person to be the Additional Controller of Rents for one or more cantonments.

16-A. Application to be filed with controller.--Every application under this Act shall be filed with the Controller who shall either hear it himself or assign it to an Additional Controller for hearing and disposal.

6-B. Power of controller to transfer cases.--The controller may, either on an application or on his own motion, at any stage,-

(a) transfer any case pending before him to the Additional Controller for hearing and disposal; or

(b) withdraw any case pending in the Court of an Additional Controller; and

(i) hear and dispose of the same himself, or

(ii) transfer it to another Additional Controller for hearing and disposal, or

(iii) retransfers the same for hearing or disposal to the Additional Controller from whom it was withdrawn.

27. Determination of fair rent.--(1) The Controller shall, on an application by the tenant or landlord of a building, fix fair rent for such building after holding such enquiry as he may think fit.

(2) The fair rent shall be fixed after taking into consideration the following factors, namely:-

(a) the rent of the same building on similar accommodation in similar circumstances prevailing in the locality at the time of, and during the period of twelve months prior to the date of, the making of the application;

(b) the rise, if any, in the cost of construction and of the repair and maintenance charges as well as changes in the exiting taxes after the commencement of the tenancy; and

(c) the rental value of the building as entered in the latest assessment list of the Cantonment Board as proposed under Section 72 of the Cantonments Act, 1924 (II of 1924).

(3) The fair rent fixed under this section shall be payable by the tenant from the date to be fixed by the Controller which shall not be earlier then the date of filing of the application.

(4) If the fair rent fixed under sub-section (2) exceeds the rent being paid by the tenant on the date of the filing of the application under this Section, the maximum increase of rent payable by the tenant shall not be more than twenty-five per cent of the rent already being paid by him.

(5) When the fair rent of a building has been fixed under this section, or where the rent of any building has been determined by an agreement between the landlord and the tenant no further increase in such fair rent shall, during the continuance of tenancy be permissible within a period of three years from the date fixed by the Controlling under sub-section (3), or from the date of the agreement, as the case may be, except in case where some addition, improvement or alteration has been carried out at the landlord's expense and at the request of the tenant.

(6) The fair rent as increased on grounds of some addition, improvement or alteration made permissible under this section shall not exceed the fair rent payable under this Ordinance 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.

(7) Any dispute between the landlord and tenant in regard to any increase claimed on grounds of some addition, improvement or alteration made permissible under this section shall be decided by the Controller.

8. Increase of fair rent in certain cases.--(1) Where the fair rent of the building has once been fixed under Section 7, it shall not be increased with or without the consent of the tenant unless some addition, improvements or alteration otherwise than by way of ordinary or usual repairs has been made in the building at the landlords' expense and, if the building be in the occupation of a tenant at the tenant's request in written, or unless a new tax has been imposed or an existing tax has increased.

(2) Every dispute between a landlord and his tenant relating to the increase of rent under sub-section (1) shall be decided by the Controller:

Provided that the Controller shall into case allow any increase beyond seen and-a-half per centum of the cost of the addition, improvement of alteration made in the building, or beyond the amount of the additional tax payable by the landlord, as the case may be.

9. Landlord not be claim anything in excess of fair rent.--Save as provided in Section 8 where the fair rent of a building has been fixed under Section 7, the landlord shall not claim or receive any premium or other like sum in addition to fair rent or any rent in excess of such fair rent and any agreement or contract stipulating payment of any such premium, sum or excess rent shall, to the extent of such stipulation, be void:

Provided that nothing in this section shall effect any stipulation for or payment of advance rent for not exceeding three months.

10. Fine or premium not to be charged for grant, renewal or continuance of tenancy.--No landlord shall, on consideration of the grant, renewal or continuance of a tenancy of any building require the payment of any fine, premium or any other like sum in addition to the rent.

11. Moneys which should not have been paid may be recovered.--Where, after the commencement of this Act, any sum not payable by a tenant under this Act has been paid by him it may at any time within four months of the date of such payment be recovered by the tenant and may without prejudice to any other mode of recovery, be deducted by the tenant from the rent payable by him to the landlord.

12. Tenant to pay taxes.--Notwithstanding anything contained in any other law for the time being in force or in any agreement, the tenant shall be bond to pay the taxes due in respect of the building to the Cantonment Board, as required by Section 65 of the Cantonments Act, 1924 (II of 1924), by making deductions from the rent payable by him.

13. Landlord not to interfere with amenities enjoyed by the tenant.--(1) No landlord shall, without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenant.

(2) A tenant in occupation of a building may, if the landlord has contravened the provisions of this section, make an application to the controller complaining of such contravention.

(3) If the Controller, on inquiry finds that the tenant has been in enjoyment of the amenities and that they were cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the landlord to restore such amenities, or authorising the tenant to provide the same and to incur such expense thereon as the Controller may specify, and any sum so spent by the tenant shall be adjustable against the rent payable by the tenant in respect of the building.

15. Restriction of conversion of residential building into commercial building and `vice versa'.--No person shall convert a residential building into a commercial building or vice versa, except with the permission in writing of the Controller:

Provided that nothing in this section shall enable the tenant to spend on repairs any amount exceeding three months rent unless the Controller after making necessary inquiry is satisfied that such repairs are essential to render the building fit for occupation:

Provided further that where under the terms of the agreement of tenancy, a tenant is authorised to make repairs at the expense of the landlord no application under this section shall be necessary.

16. Reimbursement of expenses incurred on repairs under order of a local authority.--(1) Where a local authority, in exercise of its functions under any law, directs a landlord to make certain specified repairs to his building and the landlord fails to comply therewith, the tenant may at the direction of the local authority make such repairs.

(2) Where a tenant make any repairs in pursuance of a direction given under sub-section (1), he shall within three months of the completion of repairs submit to the local authority an account of the costs incurred by him on such repairs and the local authority shall after due verification, certify such costs, whereupon the tenant shall become entitled to deduct the amount of certified costs from the rent payable by him.

17. Eviction of tenant.--(1) After the commencement of this Act, no tenant whether before or after termination of his tenancy, shall be evicted from the building in his possession or occupation in execution of a decree passed after such commencement, except in accordance with the provisions of this section.

(2) A landlord who seeks to evict his tenant shall apply to the Controller for an order in that behalf, and the Controller may, after giving the tenant a reasonable opportunity of showing causes against the application make an order direction the tenant to put the landlord in possession, if he is satisfied that-

(i) the tenant has not paid or tendered the rent to the landlord within fifteen days of the expiry of the time fixed in the agreement of tenancy for payment of rent, or in the absence of such agreement, within sixty days following the period for which the rent is due; or

(ii) the tenant has, without the written consent of the landlord,--

(a) transferred his right under the lease or sublet the building or any portion thereof, or

(b) used the building for a purpose other than that for which it was leased; or

(iii) the tenant has committed such acts as are likely to materially import the value, look or utility of the building; or

(iv) the acts and conduct of the tenant have been a nuisance to the occupiers of buildings in the negihbourhood; or

(v) where the building is situated in a place other than a hill station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause; or

(vi) the landlord intends to demolish the building for constructing a new building on the same site and has already obtained the necessary sanction for such construction from the Cantonment Board:

Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in the aggregate.

Explanation.--For the purpose of clause (i) the rent remitted by money order to the landlord or, in case landlord reuses to accept the rent, deposited in the office of the Controller having jurisdiction in the area where the building is situate, shall be deemed to have been duly tendered.

(3) If the Controller is not satisfied as aforesaid he may make an order rejecting the application.

(4) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession--

(a) in the case of a resident building, if--

(i) he requires it in good faith for his own occupation or for the occupation of any member of his family; and

(ii) he or the member of his family, as the case may be, is not occupying any other residential building suitable for his needs at the time, in the Cantonment Area concerned or in any local area in the vicinity thereof; and

(iii) he or the said member has not vacated such a building in the said area or vicinity without sufficient cause after the commencement of this Act; and

(b) in the case of a commercial building, if--

(i) he require it in good faith for his own use; and

(ii) he is not occupying in the Cantonment Area concerned or in any local area in the vicinity thereof in which such building is situate for the purposes of his business any other such building suitable for his needs at the time; and

(iii) he has not vacated such a building in the said area or vicinity without sufficient case after the commencement of this Act:

Provided that where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this sub-section before the expiry of such period:

Provided further that when the landlord has obtained possession of a residential or a Commercial building under the provisions of sub-clause (a) or sub-clause (b) he shall not be entitled to apply again for the possession of any other building under that sub-clause, unless the building of which he had previously taken possession has become unsuitable for his need:

Provided also that this sub-section shall not apply to serias, hotels, dak-bungalows, lodging-houses, boarding houses, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation or resort or premises dealing in sales or production of materials of books of educational and cultural values except where the landlord requires any such building to carry on any such business of his own, in which case he may make an application under this sub-section after having served two years notice on the tenant; but no building which is not on the commencement of this Act, being used for any of the aforesaid purposes, or has not after such commencement been let out expressly for any such purpose, shall be converted to any such purpose except with the consent in writing.

(5) The Controller shall, if he is satisfied that the claim of the landlord under sub-section (4) is bona fide make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by the Controller and if the Controller is not satisfied he shall make an order rejecting the application:

Provided that the Collector may give the tenant a reasonable time for putting the landlord possession of the building and may extend such time so as not to exceed three months in aggregate.

(6) Where the landlord who has obtained possession of a building in pursuance of an order made under sub-section (5) does not himself, or where possession of the building has been obtained for any member of his family, such member does not occupy the building within one month of the date of obtaining its possession the tenant who had been evicted may apply to the Controlling for an order directing that the possession of such building be restored to him and the Controller may thereon make an order accordingly.

(7) Where a landlord has obtained possession of a building in pursuance of an order under clause (vi) of sub-section (2) and does not have the building demolished within four months of the date of taking its possession, or does not construct the new building within a period of two years following the expiry of the said period of four months, he shall, unless he satisfies the Controller that he was prevented from having the building demolished or constructing the building within the said time by reasons beyond his control be punished with imprisonment for a term which may extend to six months or with fine or with both.

(9) If the tenant fails to deposit the amount of rent before the specified date of as the case may be, before the 5th day of the month, his application, if he is a petitioner, shall be dismissed, or his defence, if he is a respondent, shall be struck off, and the landlord shall be put in possession of the building without any further proceedings.

(10) Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Control may direct that compensation not exceeding one hundred rupees be paid by such landlord to the tenant.

(11) Notwithstanding anything contained in this Act or elsewhere, the Federal Government or the Provincial Government, a Railway, a Port Trust, a Cantonment Board or any other local authority may also apply to the Controller to seek eviction of the tenant from its building whether owned, hired or requisitioned, in the event of non-payment of rent within the period hereinbefore prescribed or for infringement of any of the terms of possession or occupation.

1[17-A. Eviction of tenants where the landlord is a salaried employee, widow or minor orphan.--(1) Notwithstanding anything contained in this Act or any other law for the time being in force,--

(a) in a case where the landlord had died; or

(b) in a case where the landlord is a salaried employed and has retired or is due to retire within a period of six months,

a notice in writing may be given by such landlord or the widow or minor child of the deceased landlord, as the case may be, to the tenant of a residential building informing him the he or she needs the building for personal use and requiring him to deliver vacant possession of the building within a period of two months from the date of receipt of the notice:

Provided that no application under this section shall be maintainable it is made after six months from the date of the death of the landlord or, in the case of the retirement of a salaried person, before six months, from or after six months of, the date of his retirement:

Provided further that, in a case where the landlord has died or salaried person has retired before the commencement of this Ordinance, an application may be made within a period of six months from the date of such commencement.

(2) The right to seek ejectment under sub-section (1) shall be also available to a landlord of a residential building who is the wife, husband or a minor child of a salaried employee referred to in sub-section (1).

(3) In the case of a landlord referred to in sub-section (1) or sub-section (2) who happens to be a landlord of more than one residential building, whether or not in the same locality, action as provided for in this section shall be competent in respect of one of such residential buildings only.

(4) A landlord referred to in clause (b) of sub-section (1) or in sub-section (2) who is in occupation of a residential building owned by him shall not be entitled to seek ejectment of a tenant from a residential building situated in the locality in which the building in occupation of the landlord is situated unless he offers the building in his occupation in exchange of the building in possession of the tenant on such terms and conditions and on payment of such rent as may be determined by the Controller:

Provided that the benefit of exchange shall not be available to the tenant who refuses to accept the offer or the terms and conditions and the rate of rent determined by the Controller.

(5) A tenant who on receipt of the notice referred to in sub-section (1) fails to deliver vacant possession of the building to the landlord or to the widow or minor child of the deceased landlord within the time allowed in the notice shall be liable to be ejected summarily by the controller on an application being made to him in this behalf.

(6) On an application made to him under sub-section (5), the controller shall issue an notice to the tenant and, on being satisfied with the bona fides of the request of the landlord or the widow or minor child of the deceased landlord, shall order the summary ejectment of the tenant.

(7) A landlord or a widow or child or a deceased landlord referred to in sub-section (1) of sub-section (2) who, within one year of his or her having obtained possession of a building as provided for in sub-section (6), relates the building to any person other than the previous tenant shall be punishable with fine which may extend to five thousand rupees:

Provided that, if the amount of the annual for which the building is so relet exceed five thousands rupees, the amount of fine shall be equal to the amount of annual rent.

18. Registration of hotels, lodging houses.--(1) Within a period of two months from the commencement of this Act or from the opening of any hotel or lodging house, whichever is later, the owner of every hotel and lodging hours shall apply to the Controller for registration of his hotel or lodging-house and for determination of fair rates in relation thereto:

Provided that the Federal Government may, by a special or general order, by notification in the official Gazette, exempt any hotel or lodgiong-hours or class of hotels or lodging-houses from the provisions of this section.

(2) Any owner of a hotel or lodging-house who fails to get his hotel or lodging-house registered in compliance with sub-section (1) shall be punishable within fine which may extend to five hundred rupees.

19. Fixation of fair rates.--(1) The Controller may fix fair rates to be charged for board, lodging and other services provided in a hotel or boarding house, at such amount as having regard to all the circumstances he deems just.

(2) A fair rate may be fixed separately for daily and monthly guests.

Explanation.--A guest who agrees to reserve accommodation for a period of one month or more shall be deemed to be a monthly guest and where the reservation is not for any specified period or is for a period of less than one month, the guest shall be deemed to be a daily guest.

(3) The Controller may from time to time revise the Fair rates determined by him under this section:

Provided that in the case of reservation under an agreement or otherwise for a specified period no revision of fair rates shall be applicable.

(4) The Controller may also fix the minimum number of guests to be accommodated in each room or other unit of accommodation in a hotel or lodging-house:

Provided that where accommodation in a hotel or lodging-house is in the occupation of the Armed Forces of Pakistan, the appropriate authority the Armed Forces shall be given an opportunity to state facts and its views with regard to the determination of fair rates before such rates are fixed:

Provided further that the Controller shall not be empowered to fix fair rates for hotels, boarding-houses, lodging-houses and dak bungalows under the control of the Armed Forces or meant exclusively for the use of the personal of the Armed Forces.

20. Fair rates, etc. to be displayed.--The fair rates fixed by the Controller and the maximum number of guests who may be accommodated in each room or unit of accommodation in a hotel or lodging-house shall be displayed in a conspicuous manner in the office and in the public rooms, if any, of such hotel or lodging-house.

21. Eviction of guests from hotel, etc..--(1) Except as hereinafter provided, no guest shall be evicted from a hotel or lodging house or refused board or other services so long as he pays or is ready and willing to pay the fair rates.

(2) If the Controller is satisfied that--

(a) a guest in a hotel or lodging-house has been guilty of conduct which is a nuisance or source of annoyance to other guests or person living in the neighbourhood; or

(b) the accommodation he occupies is required by the owner or manager of the hotel or lodging-house;

the Controller may, if the considers that the requirement is genuine and reasonable make on order authorising the owner or manager, as the case may be, to recover possession of the accommodation or part thereof occupied by such guest:

Provided that no such order shall be made unless the guest has been given a reasonable opportunity to show-cause why such order should not be made:

Provided further that where there is an agreement for the stay of the guest for a specified period, he shall not be evicted before the expiry of that period.

22. Eviction of Government servants etc..--Notwithstanding anything contained in any other provision of this Act no order of eviction shall be made under this Act against any person in the service of the Federal Government, a Provincial Government, a Railway, a Port Trust a Cantonment Board or any other local authority or of any corporation company or authority rendering an essential service to the community, of his eviction would be detrimental to the public interest, provided eviction is not sought on the grounds referred to in clauses (i) to (iv) of sub-section (2) of Section 17 or Section 17-A or clause (a) of sub-section (2) of Section 21 of this Act.

23. Decision which have become final not to be reopened.--The Controller shall summarily reject any application under sub-section (2) or under sub-section (4) of Section 17 or under Section 17-A, which raises substantially the same issues as have been finally decided in a former proceedings under this Act.

24. Appeal.--(1) Any party aggrieved by an order, not being an interim order, made by the Controller may, within thirty days of such order, prefer an appeal to the High Court.

(2) The High Court, may, pending the final disposal of the appeal, make an order staying further proceeding or action on the order of the Controller:

Provided that no such order shall be made if the appeal has been preferred from an order made under sub-section (6) of Section 17-A.

(3) The High Court shall, after perusing the record of the case and giving the parties an opportunity of being heard and, if necessary, after making, such further enquiry either by itself or by the Controller as it may deem fit, make an appropriate order which shall be final.

(4) No order of the Controller except by an appeal under this section, and no order of the Appellate Court made under this Act shall be called in question in any Court by any suit, appeal or other legal proceedings.

25. Execution of order.--(1) Every order made under Section 13, Section 17 of Section 17-A and every order passed on appeal under Section 24 shall be executed by a Civil Court having jurisdiction in the area as it were a decree of that Court.

(2) The provisions of Order XXI of the First Schedule to the Code of Civil Procedure (Act V of 1908), shall so far as may be, apply to the execution of the orders made or deemed to have been made under this Act.

26. Landlord and tenant to furnish particulars.--Every landlord and every tenant of a building shall be bound to furnish the Cantonment or any person authorised by him in that behalf, such particulars in respect of such building as may be prescribed.

27. Procedure and power of Controller.--No order under Sections 7, 8, 13, 15, 17 or 19 of this Act shall be made by the Controller except holding an inquiry.

(2) For the purposes of holding an inquiry under this Act, the Controller and the Appellate Court shall have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Act V of 1908), when trying a suit in respect of the following matters, namely:-

(a) summoning and enforcing attendance of any person and examining him on oath;

(b) compelling the discovery and production of any document and other material evidence; and

(3) The proceedings of every inquiry shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860).

(4) The Controller shall be deemed to be a Court for the purposes of Sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).

28. Penalties.--Whoever contravenes or fails to comply with any provision of this Act or the rules made thereunder shall be punishable with fine which may extend to five hundred rupees.

29. Cognizance of offence.--No Court shall take cognizance of an offence under this Act except on a complaint made by the Controller in writing within three months of the date of the commission of the offence.

30. Controller to be a public servant.--A Controller shall be deemed to be a public servant within the meaning of Section 21 of the Pakistan Penal Code (XLV of 1860).

31. Indemnity.--No suit or other legal proceedings shall lie against the Controller or any person acting under his orders in respect of anything which is in good faith done or intended to be done under this Act.

32. Power to make rules.--The Federal Government may by notification in the official Gazette make rules to carry out the purposes of this Act.

-----------

THE

CENTRAL EXCISES

ACT, 1944

[ACT NO. I OF 1944]

[Assented on 24th February, 1944]

[Enforced on 28th February, 1944]

An Act to consolidate and amend the law relating to

Central Duties of Excise [***]

WHEREAS it is expedient to consolidate and amend the law relating to Central duties of excise on goods manufactured [, produced [, imported] or consumed] [, and services provided or rendered,] in [Pakistan] and to salt;

It is hereby enacted as follows:--

CHAPTER-I

1. Short title, extent and commencement.--(1) This Act may be called the Central Excise [***] Act, 1944.

[(2) It extends to the whole of Pakistan.]

(3) It shall come into force on such [date] as the [Federal Government] may, by notification in the official Gazette, appoint in this behalf.

[2. Definitions.--In this Act unless there is anything repugnant in the subject or context,--

(1) accountant' means--

(i) a chartered accountant who is a chartered accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961). and includes a fellow member thereunder;

(ii) a cost and management accountant within the meaning of the Cost and Management Accountants Act, 1966 (XIV of 1966); and

(iii) a member of any association of accountants recognized in this behalf by the Central Board of Revenue.

(2) `adjudicating authority' means any authority competent to pass any order or decision under this Act or the rules made thereunder, but does not include the Central Board of Revenue, Collector of Central Excise (Appeals) or Appellate Tribunal,

(3) `advocate' means an advocate entered in any roll under the provisions of the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973), and includes a legal practitioner as defined thereunder and an income tax practitioner within the meaning of the Income Tax Ordinance, 1979 (XXXI of 1979).

(4) `Appellate Tribunal' means the Customs, Excise and Sales Tax Appellate Tribunal constituted under Section 194 of the Customs Act, 1969 (IV of 1969);

[(4A) `Beauty parlour' means a place where one or more of the processes like manicuring, waxing, application of cosmetics, body massage and other beauty treatments, are carried on;]

(5) `broker' or `commission agent' means a person who, in the ordinary course of business, makes contract for others for the sale or purchase of excisable goods or for providing or rendering excisable services;

(6) `caterer' means a person or establishment, not being a restaurant by whatever name called, which in ordinary course of business and in relation to functions provides food, beverage and entertainment or supplies furniture or ornamental or decorative accessories or lighting for illumination, on hire;

(7) `Central Board of Revenue' means the Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (V of 1924);

(8) `Central Excise Officer' means any officer of the Central Excise Department, or any person (including an officer of the Provincial Government) invested by the Central Board of Revenue with any of the powers of a Central Excise Officer under this Act.

(9) `Central Excise Practitioner' means a person registered as central excise practitioner in the prescribed manner;

(10) `club' means an establishment, organization or place, other than a hotel or restaurant, the membership of which is restricted to a particular class of people or which is run on the basis of mutuality and provides outdoor games, food or drinks, whether or not it has any arrangement for boarding and lodging;

(11) `construction contractor' means a contractor engaged in any business of construction, including the following works--

(i) building and road;

(ii) electrical and mechanical work;

(iii) air-conditioning;

(iv) water-supply and sanitary work;

(v) furniture and fittings;

(vi) horticulture work, and

(v) multi-discipline works that is, buildings, water supply and sanitary installations and electrification;

(12) `conveyance' means any means of transport used for carrying goods or passengers such as vessel, aircraft, vehicle or animal;

(13) `curing' includes wilting, drying, fermenting and any process of rendering a manufactured product fit for marketing or manufacture;

(14) `customs agent' means a person licensed as an agent under the Customs Act, 1969 (IV of 1969). and the rules made thereunder for the transaction of any business relating to the entrance or clearance of import or export or transhipment of any goods or baggage in a custom house or customs station;

(15) `distributor' means a person appointed by a manufacturer in or for a specified area to purchase excisable goods from him for sale to a wholesale dealer in that Area;

(16) `doctor' means a registered dentist or registered medical practitioner as defined in the Medical and Dental Council Ordinance, 1962 (XXXII of 1962);

1(16A) `dry cleaner' means an establishment employing five or more persons engaged in cleaning of clothes and fabrics through recognised method of cleaning.]

(17) `duty' includes additional duty, regulatory duty and any other sum payable under any of the provisions of this Act or the rules made thereunder;

(18) `establishment' includes an undertaking, firm or company, whether incorporated or not an association of persons and an individual;

(19) `excisable goods' means goods specified in the First Schedule and includes goods manufactured or produced in non-tariff area and brought for consumption to tariff area;

(20) `excisable services' means services, facilities and utilities specified in the First Schedule read with Chapter 98 thereof, including the services, facilities and utilities originating from Pakistan or its tariff area or terminating in Pakistan or its tariff area;

(21) `factory' means any premises, including the precincts thereof, wherein or in any part of which excisable goods are manufactured, or wherein or in any part of which any manufacturing process connected with the production of these goods is being carried on or is ordinarily carried on;

(22) `freight forwarding agent' includes a person who in the ordinary course of business assembles and consolidates small shipments into a single lot and assumes responsibility for transportation of such property from point of receipt to point of destination;

(23) `goods insurance' includes fire, marine, theft, accident and other such miscellaneous insurance;

(24) `hotel' means an establishment, organization or place where rooms or suites of rooms are let out on rent, whether or not it has any arrangement of catering or provides any other services, facilities or utilities, by whatever name called;

1[(24A) `launderer' means a person engaged in washing and ironing of clothes or fabrics;

(25) `manufacture' includes any process incidental or ancillary to the completion of a manufactured product and any process of remanufacture, remarking, reconditioning or repair and the process of packing or repacking such product; and, in relation to tobacco, includes the preparation of cigarettes, cigars, cheroots, biris, cigarette and pipe or hookah tobacco, chewing tobacco or snuff, and the word "manufacturer" shall be construed accordingly and shall include not only a person who employs hired labour in the production or manufacture of excisable goods, but also any person who engages in their production or manufacture on his own account if those goods are intended for sale and, in respect of gold and silver and products thereof, also any person dealing in gold and silver and products thereof who, whether or not he carries out any process of manufacture himself or through his employees or relatives, gets any process of manufacture carried out on his behalf by any person who is not in his employ, and any person so dealing in gold and silver and products thereof shall be deemed to have manufactured for all purposes of this Act, all products of gold or silver in which he deals in any capacity whatever;

(26) `marriage hall and lawn' means a premises or a portion thereof, not being part of a duty paying hotel, restaurant or club or the premises or precincts thereof, where parties and social functions, more particularly, relating to matrimonial ceremonies and other related functions are held;

(27) `non-tariff area' means Azad Jammu and Kashmir, Northern Areas and such other territories or areas to which this Act does not apply;

(28) `officer' means a Central Excise Officer;

(29) `person' includes a company, an association, a body of individuals, whether incorporated or not, a public or local authority, a Provincial Government or the Federal Government;

(30) `prescribed' means prescribed by rules made under this Act;

(31) `restaurant' means an establishment, organization or place, by whatever name called, where food or drinks are sold, whether or not it provides any other services, facilities or utilities and includes a club, night club, cabaret and establishments meant for holding ceremonies;

(32) `sale' and `purchase' with their grammatical variations and cognate expressions, mean any transfer of the possession of goods by one person to another in the ordinary course of trade or business for cash or deferred payment or other consideration;

(33) `ship chander' means a person licensed as a customs ship chandler under the Customs Act, 1969 (IV of 1969), and the rules made thereunder;

(34) `shipping agent' means a person licensed as an agent under the Customs Act, 1969 (IV of 1969), and the rules made thereunder for the transaction of any business, in a custom house or customs station, relating to the entrance or clearance of any conveyances;

(35) `tariff area' means other than the non-tariff area;

(36) `travel agent' means a person licensed to operate as a travel agency under the Travel Agencies Act, 1976 (XXX of 1976), and the rules made thereunder; and

(37) `wholesale dealer' means a person who buys or sells excisable goods wholesale for the purpose of trade or manufacture, and includes a broker or commission agent who, in addition to making contracts for the sale or purchase of excisable goods for others, stocks such goods belonging to others as an agent for the purpose of sale.

CHAPTER-II

LEVY AND COLLECTION OF DUTY

3. Duties specified in the First Schedule to be levied.--[There shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods, produced or manufactured in Pakistan or imported into Pakistan and on such goods, as the Federal Government may. by notification in the official Gazette, specify, as are produced or manufactured in the non-tariff areas and are `brought to the tariff areas, and on all excisable services, provided or rendered, in Pakistan, as, and at the rates, set forth in the First Schedule. [:]]

[Provided that where any goods are chargeable to duty on the basis of retail price in terms of sub-section (2) of Section 4 and the retail price is not printed or embossed in a manner specified in the proviso thereof, the duty shall be charged at the rate of--

(a) 500 per cent ad valorem in case of [,beverages, cement and] cigarettes; and

(b) 100 per cent ad valorem in case of goods other than [,beverages, cement and] cigarettes.]

(2) The [Central Board of Revenue] may, by notification in the official Gazette fix, for the purpose of levying the said duties, tariff values of any articles enumerated, either specifically or under general headings, in the First Schedule as chargeable with duty ad valorem [or on the basis of retail price and may alter any tariff values for the time being in force.

(3) Different tariff values may be fixed for different classes or descriptions of the same article.

[(4) With the prior approval of the Federal Government, the Central Board of Revenue may, in lieu of levying and collecting under sub-section (1) duties of excise on excisable goods, by notification in the official Gazette, levey and collect duties on the production capacity of plants, machinery, undertakings, establishments or installations producing or manufacturing such goods; and such notifications shall specify--

(a) the guiding principles for the determination of production capacity,

(b) the production capacity, as determined in accordance with such guiding principles, of the plants, machinery, undertakings, establishments or installations affected by it.

(d) the manner of collection of such duty.]

[(5) The production capacity of any plant or machinery or part thereof specified in a notification under sub-section (4) shall, upon an application made to the [Federal Government] within thirty days of the notification by any aggrieved person, be reviewed by [Standing Tribunal] constituted under sub-section (6) to which the application shall be referred; and the decision of the [Standing Tribunal] [confirming, reducing or increasing the production capacity shall be final]:

[Provided that, in the case of any plant or machinery used for the manufacture of cotton fabrics or cotton yarn, the production capacity of which was determined before the 30th June, 1970, any aggrieved person may, within such time as the [Federal Government] may, by notification in the official Gazette, specify in this behalf, make an application in writing to the [Federal Government] for re-examination of the production capacity, and such application shall be referred by the [Federal Government] to a [Standing Tribunal constituted under sub-section (6); and the decision of the Standing Tribunal on such reference shall be final.]

(6) [Federal Government] shall, for the purpose of sub-section (5) constitute a Standing Tribunal consisting of not less than two persons each of whom may be either an officer not below the rank of a Joint Secretary to the Government of Pakistan or a person who held such rank at the time of his retirement from service.

(7) The Central Board of Revenue may, by notification in the official Gazette, at any time, cancel a notification under sub-section (4); [or sub-section (8)] and where a notification is so cancelled or, for any reason whatsoever, cannot be given effect to, the duty under sub-section (1), in lieu whereof the duty under sub-section (4) [or sub-section (8) was levied by such notification, shall be levied and with necessary adjustment. collected for the financial year during which such notification is cancelled or for the period for which it cannot be given effect to.]

[Explanation.--For the purpose of this sub-section, an order of a Court suspending or staying the collection of the whole or any part of the duty under sub-section (4) [or sub-section (8)] shall be deemed to be a reason for which a notification under sub-section (4) [or sub-section (8)] cannot be given effect to.]

(8) With the prior approval of the Federal Government, the Central Board of Revenue may, in lieu of levying and collecting under sub-section (1) duties of excise, on excisable goods and excisable services, by Notification in the official Gazette, levy and collect such fixed amount of duties of excise, as it may deem fit, on any goods or class of

goods or on any services or class of services, payable by any establishment or undertaking producing or manufacturing such goods or providing or rendering such services.

(9) For the levy and collection of a fixed amount of duties of excise under sub-section (8). the Board may--

(a) prescribe, inter alia,--

(i) the manner and the time at which such amount shall be payable; and

(ii) the period for which the amount so fixed shall be effective; and

(b) appoint, empower or constitute any agency, authority or committee, as it may deem fit, to receive, gather, collate and analyse such information or documents, and summon any person, as may be necessary, for making recommendations for consideration of the Board]

[(10) Nothing contained in this section or Section 4 shall limit the powers of the Federal Government to charge duty on any class or classes of goods or services at the rate specified by a notification in the official Gazette and determined on the basis of weight, quantity, number, volume and measurement.]

[3-A].--[(1)] The [Federal Government] may, by notification in the official Gazette, levy, subject to such conditions, limitations and restrictions as it may deem fit to impose, a regulatory duty,--

(a) on any excisable goods or excisable services, in addition to the duty leviable under Section 3, at a rate not exceeding [(40 per cent] of the rate of duly leviable thereon under the said section, or, in the case of excisable goods, at a rate not exceeding 10 per cent ad valorem or 10 per cent of the retail price and, in the case of excisable service, 10 percent of the charges for such services; and

(b) on any other goods or services, at a rate in case of the goods, not exceeding 20 per cent, of the retail price and, in the case of sendees, not exceeding 20 per cent ad valorem or 20 per cent of the charges for the sendees.

[(2)] The regulatory duty levied under sub-section (1) shall:

(a) be in addition to any duty levied under Section 3; and

(b) be leviable on and from the day specified in the notification issued under that sub-section, notwithstanding the fact that the issue of the official Gazette in which such notification appears is published at any time after that day,

and the notification by which such duty was levied shall, if not earlier rescinded, stand rescinded on the expiry of the financial year during which it was issued.]

[3B. Levy of additional duty.--If a person fails to pay the duty within the prescribed tie, he shall, in addition to the duty payable under Section 3, be liable to pay additional duty at the rate of two per cent, per month.

Explanation.--(i) For the purpose of calculating additional duty, the period of default shall be reckoned from the day following the due date on which the duty was payable to the preceding day on which the duty is actually paid; and

(ii) the expression "duty payable" includes the additional duty.]

The original Section 3B. which was substituted by the present section reads as follows:--

[3B. Goods partially composed of dutiable articles.--Goods whereof any article liable to duty under this Act forms a part or ingredient shall be chargeable with the full duty which would be payable on such goods if they ware entirely composed of such article, or if composed of more than one article liable to duty, then with the full duty which would be payable on such goods if they were entirely composed of the article on which the highest amount of duty would be payable".

[3-C. Determination of tariff value and rate of duty.--[(1) The [value, retail price, tariff value] of, and the rate of duty applicable to, [excisable] goods or services shall be the [value, retail price, tariff value] and the rate of duty in force:--

(a) in the case of goods, on the date on which the goods are cleared [for export or] for home consumption; [***]

(b) in the case of services, on the date on which the services are provided or rendered] [; and]

[(c) in the case of excisable goods produced or manufactured outside the areas to which this Act has been applied and brought for consumption to those areas, the date on which the goods are brought to those areas.]

[(2) The issue of a Notification under sub-section (4) [or sub-section (8)] of Section 3 shall not affect the liability of any excisable goods produced or manufactured in a factory or brought into such factory for any purpose and not cleared thereon or from a bonded whorehouse on payment of excise duty before the date of coming into force of such Notification and the provisions of such Notification shall not apply in respect thereof.]

[3-D. Collection of excess duty etc.--(1) Every person who has collected or collects any duty, whether under misapprehension of any provision of this Act or otherwise, which is not payable as duty or which is in excess of the duty actually payable and the incidence of which has been passed on to the consumer, shall pay the amount so collected to the Federal Government.

(2) Any amount payable to the Federal Government under sub-section (1) shall be deemed to be an arrear of duty payable under this Act and shall be recoverable accordingly and no claim for refund in respect of such amount shall be admissible.

(3) The burden of proof that the incidence of such duty has not been or is not passed on to the consumer shall be on the person collecting the duty.]

[4. Determination of value for the purposes of duty.--[(1) Where under this Act any article is chargeable with duty at a rate dependent on the value of the articles such value shall be deemed to be the wholesale cash price for which an article of the like kind and quality is sold or is capable of being sold to the general body of retail traders [or, if there is no general body of retail traders, the general body of consumers] on the day on which the article which is being assessed to duty is removed from the factory or the warehouse, as the case may be, without any abatement or deduction whatever except the amounts of duty and sales tax payable).

[(2) Notwithstanding, the provisions of sub-section (1), the Federal Government may, by notification in the official Gazette declare that in respect of any goods or class of goods the duty shall be charged on the retail price fixed by the manufacturer, inclusive of all charges and taxes, other than sales tax levied and collected under Section 3 of the Sales Tax Act, 1990. [***] at which any particular brand or variety of such article should be sold to the general body of consumers or, if more than one such price is so fixed for the same brand or variety, the highest of such price:

Provided that the retail price shall be legibly, prominently and indelibly printed or embossed on each article, packet, container, package, cover or label, as the case may be.]

[(3) Where under this Act any services, facilities and utilities are subject to duty at a rate dependent on the charges therefor and--

(a) any such services, facilities or utilities, are. in any case, rendered or provided free of charge or at a concessional rate, the duty shall be levied and collected on the amount which would have been charged for such services, facilities and utilities had they not been rendered or provided free of charge or at a concessional rate [.]

[* * *]

(b) the amount with reference to which the duty shall be levied shall be the total amount charged for all services facilities and utilities provided or rendered, including charges for supplies or merchandise therewith].

[(4) Where under this Act any article is chargeable to duty at the import stage, it will be assessed to duty on the value determined in accordance with section 25 of the Customs Act, 1969 (IV of 1969). or, as the case may be, section 25B thereof.]

5. Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981).

6. Certain operation to be subject to licence.--The [Central Board of Revenue] may, by notification in the official Gazette, provide that, from such date as may be specified in the notification, no person shall, except under the authority and in accordance with the terms and conditions of a licence granted under this Act, engage in--

(a) the production or manufacture or any process of the production or manufacture of any specified excisable goods or of saltpetre or of any specified component parts or ingredients of such goods or of specified containers of such goods, [***]

[(b) the wholesale purchase, sale, distribution, marketing, possession or storage (whether on his own account or as a broker or commission agent or otherwise) of any excisable goods as may be specified by the Central Board of Revenue, or];

[(c) providing or rendering any excisable services.]

While Section 6 prohibits a person, except under the terms and conditions of a license granted under the Act, Section 7 deals with the form and conditions of a licence, including the area for which the licence may be granted.

7. Form and condition of licence.--Every licence under Section 6 shall be granted for such area, if any. for such period, subject to such restrictions and conditions, and in such form and containing such particulars, as may be prescribed.

[S. 8. Omitted] At the time of omission Section 8 was as under:-

["8. Restriction on possession of excisable goods.--From such date as may be specified in this behalf by the Central Board of Revenue by notification in the official Gazette, no person shall, except as provided by rules made under this Act, have in his possession any excisable goods specified in this behalf in Part B of the Second Schedule in excess of such quantity as may be prescribed for the purposes of this section as the maximum amount of such goods or of any variety of such goods which may be possessed at any one time by such person."

[9. Offences and penalties.--Whoever commits any of the following offences, namely:--

(a) contravenes any of the provisions of a notification issued under Section 6, or of section 8, or of a rate made under clause (iii) of sub-section (2) of Section 37;

(b) evades the payment of any duty payable under this Act;

(c) renders or provides excisable services liable to duty without issuing to the person to whom the services have been rendered or provided a bill of charges in the prescribed form;

(d) removes any excisable goods in contravention of any of the provisions of this Act or any rule made thereunder or in any way concerns himself with such removal;

(e) acquires possession of, or in any way concerns himself in transporting, depositing, keeping, concealing, selling or purchasing, or in any other manner deals with any excisable goods which he knows or has reason to believe are liable to confiscation under this Act or any rule made thereunder;

(f) fails to supply any information which he is required by rules made under this Act to supply, or (unless with a reasonable belief, the burden of proving which shall be upon him, that the information supplied by him is true) supplies false information;

(g) attempts to commit, or abets the commission of, any of the offences mentioned in clauses (a) and (b) of this section; [**]

(h) makes or attempts to make a deduction in the duly payable under sub-section (4) [or sub-section (8)] of Section 3 on account of removal of goods for export or to a licensed warehouse or a licensed factory, otherwise than] in accordance with the provisions of the appropriate notification under the said sub-section (4), [or sub-section (8)] [* * *];

[(i) acquires possession of, or in any manner concerns himself in depositing, keeping selling, purchasing or dealing for consumption in Pakistan, such excisable goods as were manufactured or cleared for export without payment of duty or under claim for rebate or refund of duty;]

[(j) wilfully obstructs Central Excise Officer in the discharge of public functions; and

(k) wilfully furnishes any document which is wholly or partially false, forges or uses a forged document, makes or counterfeits any seal or impression, alters, amends or changes any book, paper or account with the intention to defraud the Government]

shall, for every such offence, be punishable with imprisonment for a term which may extend to [five] years, or with fine which may extend to 2 [twenty thousand] rupees or ten times the amount of 3[ value of goods and services] involved, if any, whichever is greater, or with both.

[9-A Appointment of Special Judges for trial of offences.--(1) The Federal Government may, by notification in the official Gazette, appoint as many Special Judges as, it may consider necessary, and, where it appoints more than one Special Judge, shall specify in the notification the territorial limits within which each one of them shall exercise jurisdiction.

(2) A Special Judge shall be a person who is or has been or is qualified to be a Sessions Judge.

(3) On the appointment of a Special Judge for any area, an offence punishable under this Act shall be tried exclusively by the Special Judge and all cases pending in any other Court in such area immediately before such appointment shall stand transferred to such Special Judge.

(4) The provisions of the Code of Criminal Procedure. 1898 (Act V of 1898), except those of Chapter XXXVIII of that Code, shall apply to the proceedings of the Court of a Special Judge and, for the purposes of the said provisions, the Court of a Special Judge shall be deemed to be a Court of Session trying cases without the aid of assessors or a jury, and a person conducting prosecution before the Court of a Special Judge shall be deemed to be a Public Prosecutor.

(5) For the purposes of sub-section (4), the Code of Criminal Procedure, 1898 (Act V of 1898), shall have effect as if an offence punishable under this. Act were one of the offences referred to in sub-section (1) of section 337 of the Code.

(6) A Special Judge shall take cognizance of, and have jurisdiction to try, an offence triable under sub-section (3) only upon a complaint in writing made by such Central Excise Officers as may be authorised by the Central Board of Revenue in this behalf, by a general or special order in writing.

[(7) The provisions of Chapter XX of the Code of Criminal Procedure, 1898 (Act V of 1898), shall apply to trial of cases under this Act insofar as they are not inconsistent with the provisions of this Act.

(8) The Federal Government may, by order in writing, direct the transfer, at any stage of the trial, of any case form the Court of one Special Judge to the Court of another Special Judge for disposal, whenever it appears to the Federal Government that such transfer will promote the ends of justice or tend to the general convenience of parties or witnesses.

(9) In respect of a case transferred to a Special Judge by virtue of sub-section (3) or under sub-section (8), such Judge shall not, by reason of the said transfer, be bound to recall and rehear any witness who has given evidence in the case before the transfer and may act on the evidence already recorded by or produced before the Court which tried the case before the transfer].

Section.10 [Omitted]

[11. Recovery of arrears of duty, etc.--(1) Where any amount of duty levied, penalty imposed or demand raised under any bond, guarantee or other instrument executed under this Act is due from any person, the Central Excise Officer may,--

(a) deduct the amount from any money owing to the person from whom such amount is recoverable and which may be at the disposal or in the control of such Officer or any officer of Income Tax, Customs or Sales Tax;

(b) require by a notice in writing any person who holds or may subsequently hold any money for or on account of the person from whom duty may be recoverable to pay to such Officer the amount specified in the notice;

(c) stop removal of any goods from the business premises of such person till such time as the amount of duty is paid or recovered in full;

(d) seal the business premises till such time as the amount of duty is paid or recovered in full;

(e) attach and sell or sell without attachment any movable or immovable property of the person from whom duty is due.

(2) Where a guarantor or any other person, company, bank or financial institution under any guarantee, bond or other instrument fails to make payment under such guarantee, bond or instrument, such amount may be recovered by attachment and sale of any movable and immovable property of such guarantor, person, company, bank or financial institution.

(3) For the purpose of recovery of duly, penalty or any other demand raised under this Act, the Central Excise Officer shall have the same powers which under the Code of Civil Procedure, 1908 (Act V of 1908), a Civil Court has for the purpose of recovery of an amount due under a decree.]

12. Application of the provisions of [Act IV of 1969] to central excise duties.--The [Federal Government] may, by notification in the official Gazette, declare that any of the provisions of the [Customs Act, 1969 (IV of 1969)], relating to the levy of and exemption from, customs duties, draw-back of duty, warehousing, offences and penalties" confiscation, and procedure relating to offences and appeals shalt with such modifications and alterations as it may consider necessary I or desirable to adapt them to the circumstances', be applicable in regard to like matters in respect of the duties imposed by Section 3.

[12-A Exemptions.--(1) The [Federal Government may from time to time, by notification in the official Gazette, exempt [subject to such conditions, if any, as may be specified therein,] any goods or class of goods [or any services or class of services] from the whole or any part of the duty, leviable under this Act.

(2) The Central Board of Revenue may, by special order in each case, exempt from the payment of the whole or any part of the duty leviable under this Act, under circumstances of an exceptional nature to be stated, in such order, any goods [or services] on which such duty is leviable.

[(3) Any notification or order issued under this section shall be effective from the day specified in the notification or the order, notwithstanding the fact that the issue of the official Gazette in which such notification appears is published, or the orders is delivered to the person concerned, at any time after that day].

[12B. Exemption of duty of excise not levied or short levied as a result of general practical practice.--Notwithstanding anything contained in this Act, if the Federal Government is satisfied that,--

(a) a practice was generally prevalent regarding levy of excise duty on any excisable goods;

(b) such goods were liable to duty of excise in cases where according to the said practice the duty was not levied or liable to a higher amount of duty of excise than what was levied according to the said practice; and

(c) the manufacturer or producer did not recover duty of excise chargeable on the goods prior to the date on which the goods are held to be liable to excise duty;

then, the Federal Government may, by notification in the Official Gazette, direct that the whole of the duty of excise payable on such goods, or as the case may be, the duty of excise in excess of that payable on such goods, but for the said practice, shall not be required to be paid in respect of the goods on which the duty of excise was not levied or short levied, in accordance with the said practice.]

CHAPTER-III

POWERS AND DUTIES OF OFFICERS AND LANDHOLDERS

[13. Power to arrest.--(1) Any Central Excise Officer authorized by the Central Board of Revenue in this behalf who has reason to believe that any person has committed an offence under this Act may arrest such person:

Provided that the Central Excise Officer shall immediately intimate the fact of the arrest of a person to the Special Judge who may direct such Officer to produce that person at such time and place and on such date as the Special Judge considers expedient and such Officer shall act accordingly.

(2) Notwithstanding anything contained in proviso to sub-section (1), any person arrested under this Act shall be produced before the Special Judge or, if there is no Special Judge within a reasonable distance, to the nearest Judicial Magistrate, within twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the Special Judge or, as the case may be, of such Magistrate.

(3) When any person is produced under sub-section (2) before the Special Judge, he may, on the request of such person, after perusing the record, if any, and after giving the prosecution an opportunity of being heard, admit him to bail on his executing a bond, with or without sureties, or refuse to admit him to bail and direct his detention at such place as he deems fit:

Provided that nothing herein contained shall preclude the Special Judge from cancelling the bail of any such person at a subsequent stage if, for any reason, he considers such cancellation necessary, but before passing such order he shall afford such person an opportunity of being heard unless for reasons to be recorded he considers that the affording of such opportunity shall defeat the purposes of this Act.

(4) When such person is produced under sub-section (2) before a Judicial Magistrate, such Magistrate may, after authorizing his detention in such custody, at such place and for such period as he considers necessary or proper for facilitating his earliest production before the Special Judge, direct his production before the Special Judge on a date and time to be fixed by him or direct such person to be forthwith taken to and produced before, the Special Judge and he shall be so taken.

(5) Noting in sub-section (3) or sub-section (4) shall preclude the Special Judge or the magistrate from remanding any such person to the custody of the Central Excise Officer holding inquiry against that person if such Officer makes request in writing, to that effect and the Special Judge or the Judicial magistrate, after perusing the record, if any, and hearing such person is of the opinion that for the completion of inquiry or investigation it is necessary to make such an order; provided that in no case the period of such custody shall exceed fourteen days.

(6) When any person is arrested under this Act, the Central Excise Officer shall record the fact of arrest and other relevant particulars in the register mentioned in sub-section (10) and shall immediately proceed to inquire into the charge against such person and if he completes the inquiry within twenty-four hours of his arrest excluding the time necessary for journey as aforesaid, he may after producing such person before the Special Judge or the nearest Judicial Magistrate make a request for his further detention in his custody.

(7) While holding an inquiry under sub-section (6), the Central Excise Officer shall exercise the same powers as are exercisable by an officer in charge of a police-station under the Code of Criminal Procedure, 1898 (Act V of 1898), but such Officer shall exercise such powers subject to the foregoing provisions of this section while holding an inquiry under this Act.

(8) If the Central Excise Officer, after holding an inquiry as aforesaid, is of the opinion that there is no sufficient evidence or reasonable ground for suspicion against such person, he shall release him on his executing a bond, with or without sureties, and shall direct such person to appear, as and when required, before the Special, Judge, and make a report to the Special Judge for the discharge of such person and shall make a full report of the case to his immediate superior.

(9) The Special Judge to whom a report has been made under sub-section (8) may, after the perusal of record of the inquiry and hearing the prosecution, agree with such report and discharge the accused or, if he is of the opinion that there is sufficient ground for proceeding against such person, proceed with his trial and direct the prosecution to produce evidence.

(10) The Central Excise Officer empowered to hold inquiry under this section shall maintain a register to be called "Register of Arrests and Detention" in the prescribed form in which he shall enter the name and other particulars of every person arrested under this Act, together with the time and date of arrest, the details of the information received, the details of things, goods or documents, recovered from his custody, the names of the witnesses and the explanation, if any, given by him and the manner in which the inquiry has been conducted from day to day; and such register or authenticated copies of its aforesaid entries shall be produced before the Special Judge whenever such Officer is so directed by him.

(11) After completing the inquiry, the Central Excise Officer shall as early as possible, submit to the Special Judge a complaint in the same form and manner in which the officer in charge of a police-station submits a report before a Court.

(12) Any Magistrate of the first class may record any statement or confession during inquiry under this Act, in accordance with the provisions of section 164 of the Code of Criminal Procedure, 1898 (Act V of 1898).

(13) Without prejudice to the foregoing provisions of this section, the Federal Government may, by notification in the official Gazette, authorize any other officer working under the Central Board of Revenue to exercise the powers and perform the functions of a Central Excise Officer under this section subject to such conditions, if any, that it may deem fit to impose.

14. Power to summon persons to give evidence and produce documents in inquiries under this Act.--(1) Any Central Excise Officer duly empowered by the [Central Board of Revenue] in this behalf shall have power to summon any person whose attendance he considers necessary either to give evidence, or to produce a document or any other thing in any inquiry which, such officer is making for any of the purposes of this Act, A summons to produce document or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned.

(2) All persons so summoned shall be bound to attend, either in person or by an authorised agent, as such officer may direct; and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and to produce such documents and other things as may be required:

Provided that the exemptions under Sections 132 and 133 of the Code of Civil Procedure (V of 1908) shall be applicable to requisitioning for attendance under this section.

15. Officers required to assist Central Excise Officers.--All officers of Police and Customs and all officers of Government engaged in the collection of land-revenue, and all village officers are hereby empowered and required to assist the Central Excise Officers in the execution of this Act.

[16. Owners or occupiers of land, building or premises to report manufacture of contraband excisable goods or provision or rendering of excisable services.--Every owner or occupier of any land, building or premises and the agent of any such owner or occupier, incharge of the management of that land, building or premises shall, if contraband excisable goods are manufactured, or excisable services are rendered or provided, thereon, in the absence of reasonable excuse, be bound to give notice of such manufacture or such rendering or providing of services to [an executive Magistrate], or to an Officer of the Central Excise, Customs, Police or Land Revenue Department, immediately the fact comes to his knowledge.]

17. Punishment for connivance at offences.--Any owner or occupier of land or any agent of such owner or occupier in charge of the management of that land, who wilfully connives at any offence against the provisions of this Act or of any rules made thereunder shall for every such offence be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

18. Searches and arrest how to be made.--All searches made under this Act or any rules made thereunder and all arrests made under this Act shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898), relating respectively to searches and arrests made under that Code.

Sections 19, 20 and 21 omitted by Finance Act, 1994

22. Vexatious search, seizure, etc., by Central Excise Officer.--Any Central Excise or other Officer exercising powers under this Act or under the rules made thereunder who--

(a) without reasonable ground of suspicion searches or causes to be searched any house, boat or place;

(b) vexatiously and unnecessarily detains, searches or arrests any person;

(c) vexatiously and unnecessarily seizes the movable property of any person, on pretence of seizing or searching for any article liable to confiscation under this Act;

(d) commits, as such officer, any other act to the injury of any person, without having reason to believe that such act is required for the execution of his duty;

shall, for every such offence, be punishable with fine which may extend to two thousand rupees.

Any person wilfully and maliciously giving false information and so causing any arrest or a search to be made under this Act shall be punishable with fine which may extend to two thousand rupees or with imprisonment for a term which may extend to two years, or with both.

Section 22 makes punishable misuse of his powers by a Central Excise Officer in--

(i) searching or causing to be searched any house, boat or place;

(ii) vexatiously and unnecessarily detaining, searching or arresting any person;

(iii) vexatiously and unnecessarily seizing the movable property of any person, on pretext of seizing any article liable to confiscation;

(iv) committing any other act to the injury of any person, having no reason to believe that such act is required for the execution of his duty.

Sub-section (2) of the said section makes a person, who wilfully and maliciously gives false information and thereby causes an arrest or a search to be made under this section, shall also be liable to punish with fine of Rs. 2000/=.

23. Failure of Central Excise Officer in duty.--Any Central Excise Officer who ceases or refuses to perform or withdraws himself from the duties of his office, unless he has obtained the express written permission of the Collector of Central Excise, or has given to his superior officer two months' notice in writing of his intention or has other lawful excuse, shall on conviction before a Magistrate be punishable' with imprisonment for a term which may extend to three months, or with fine which may extend to three months' pay, or with both.

CHAPTER-IV

TRANSPORT BY SEA

24. Penalties for carrying excisable goods in certain vessels.--When any excisable goods are carried by sea in any vessel other than a vessel of the burden of three hundred tons and upwards, the owner and master of such vessel shall each be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

25. Exceptions.--Nothing in Section 24 applies to--

(a) any excisable goods covered by a permit granted under rules made under this Act;

(b) any excisable goods covered by a pass granted by any officer whom the Central Board of Revenue may appoint in this behalf;

(c) such amount of excisable goods carried on board any vessel for consumption by her crew or by the passengers or animals (if any) on board as the Central Board of Revenue may from time to time exempt from the operation of Section 24.

26. Power of stoppage, search and arrest.--When any officer empowered by the Central Board of Revenue, to act under this section has reason to believe, from personal knowledge or from information taken down in writing, that any excisable goods are being carried, or have within the previous twenty-four hours been carried, in any vessel so as to render the owner or master of such vessel liable to the penalties imposed by Section 24, he may require, such vessel to be brought to and thereupon may--

(a) enter and search the vessel;

(b) require the master of the vessel to produce any documents in his possession relating to the vessel or the cargo thereof;

(c) seize the vessel if the officer has reason to believe it liable to confiscation under this Act, and cause it to be brought with its crew and cargo into any port in [Pakistan]; and

(d) where any excisable goods are found on board the vessel, search and arrest without a warrant any person on board the vessel whom he has reason to believe to be punishable under Section 24.

27. Penalties for resisting officer.--Any master of vessel refusing or neglecting to bring to the vessel or to produce his papers when required to do so by an officer acting under Section 26 and any person obstructing any such officer in the performance of his duty, may be arrested by such officer without a warrant, and shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Section 27 makes non-compliance by the master of the vessel of orders given to him by the empowered officer under Section 26, or resistance or obstruction by any person to such officer in the performance of his functions under the said section liable to arrest without warrant, and be liable to be punished on trial before the Special Judge with imprisonment upto six months, or to fine extending upto one thousand rupees, or with both.

28. Confiscation of vessel and cargo.--(1) Every vessel (including all appurtenances) in which any excisable goods are carried so as to render the owner or master of such vessel liable to penalties imposed by Section 24, the cargo on board such vessel and the excisable goods in respect of which an offence under this Act has been committed shall be liable to confiscation on the orders of the officer empowered in this behalf by the [Central Board of Revenue].

(2) Whenever any Customs-officer is satisfied that any article is liable to confiscation under this section he may seize such article, and shall at once report the seizure to his superior officer for the information of the officer empowered to order confiscation under sub-section (1) and such officer may, if satisfied on such report or after making such inquiry as he thinks fit, that the article so seized is liable to confiscation, either declare it to be confiscated, or impose a fine in lieu thereof not exceeding the value of the article.

Section 28 makes the vessel in which excisable goods have been carried, rendering the master of the vessel liable to punishment under Section 24, as also the cargo in such vessel, liable to confiscation under orders of the Central Excise Officer authorised to adjudicate the matter.

29. Jurisdiction.--Any offence punishable under Section 24 or Section 27 may be deemed to have been committed within the limits of the jurisdiction of the [Judicial Magistrate] of any place where the offender is found, or to which, if arrested under Section 26 or Section 27, he may be brought.

Although Section 29 confers jurisdiction on the Judicial Magistrate of the area where the offender is found or brought, only the Special Judge appointed under Section 9-A has jurisdiction to try any person for any offence under the Act.

30. Power to exempt from operation of this Chapter.--The [Central Board of Revenue] may, by notification in the official Gazette, exempt the carriage of excisable goods within any local limits or in any class of vessels from the operation of this Chapter, and, by like notification, again subject such carriage to the operation of this Chapter.

Section 30 confers powers on the Central Board of Revenue, by notification, to exempt the carriage of any excisable goods within any local area or in any class of vessels from the operation of Chapter IV of the Act.

CHAPTER-V

SPECIAL PROVISIONS RELATING TO SALT

31. Special and permanent rights of manufacturing salt to be recognized.--The proprietor of a private salt factory who has by virtue of a sanad granted by the [Government] or any former Government, a special and permanent right to manufacture salt, or to excavate or collect natural salt, shall, on application made in accordance with the rules made under this Act be entitled to a licence for such purpose and to the annual renewal thereof, unless on a breach of the provisions of this Act, his licence has been cancelled by an officer duly empowered by the [Central Board Revenue] in this behalf.

[32. Rights of ordinary proprietors of existing salt-works.--Every proprietor of a private salt-work, other than a private salt factory, to which section 31 applies, which was being lawfully worked at the time when this Act came into force shall continue to be entitled, on application made in accordance with the rules made under this Act, to a licensee for such purpose and to the annual renewal thereof, unless on a breach of the provisions of this Act his licence has been cancelled by an officer duly empowered by the Central Board of Revenue in this behalf:

Provided that the Collector of Central Excise may at any time withdraw or withhold a licence from the proprietor of any such salt factory, if no salt has been manufactured, excavated or collected in such factory for the three years ending on the thirtieth day of June last preceding the date of his order, or, with the previous sanction of the Central Board of Revenue, if such salt factory has not produced, on an average, during the said three years, at least five thousand maunds of salt per annum.]

CHAPTER-VI

ADJUDICATION OF CONFISCATIONS AND PENALTIES

[33. Power of adjudication.--(1) In cases involving confiscation of goods or imposition of penalty under this Act or the rules made thereunder, the jurisdiction and powers of adjudication of the Central Excise Officers shall be as follows:--

(i) Collector or an Additional Collector. Without limit.

(ii) Deputy Collector. Confiscation of goods the value of which does not exceed Rs. 500,000, excluding the value of conveyance and the value of non-dutiable goods, and imposition of penalty under the rules.

(iii) Assistant Collector. Confiscation of goods the value of which does not exceed Rs. 250,000, excluding the value of conveyance and the value of non-dutiable goods, and imposition of penalty under the rules.

(vi) Superintendent. Confiscation of goods the value of which does not exceed Rs. 50,000, excluding the value of conveyance and the value of non-dutiable goods, and imposition of penalty under the rules:

Provided that the Board may, by notification in the official Gazette, vary the jurisdiction and powers of any Central Excise Officer or a class of Central Excise Officers.]

Section 33 specifies four clauses of officers, who have been conferred power of adjudication, namely--

(i) Collector or an Additional Collector;

(ii) Deputy Collector;

(iii) Assistant Collector;

(iv) Superintendent

and has also laid down the pecuniary limit within which those powers are to be exercised by them, the powers of the Collector and Additional Collector, however, being without limit. The section, however, authorises the Central Board of Revenue, to vary, by notification, the jurisdiction and powers of any Central Excise Officer or class of Central Excise Officers.

[33A. Release of seized goods.--Where any excisable goods, containers or conveyance are seized which are liable to confiscation, the adjudicating authority may, subject to such conditions as may be prescribed, order their release pending adjudication of the case, and on furnishing a guarantee by the owner of the seized excisable goods, containers, or as the case may be, conveyance, from a schedules bank valid for at least one year equal to the value of such goods, containers or, as the case may, conveyance:

Provided that in respect of cases pending before the Special Judge, such release of goods shall not be allowed without prior permission of the Special Judge.]

Section 33-A empowers the adjudicating authority to order release of any excisable goods, containers or conveyance, liable to confiscation, on prescribed condition or on bank guarantee, but where a case is pending, involving any such goods, before the Special Judge, the same shall not be released without prior permission of the Special Judge.

[34. Option to pay fine in lieu of confiscation.--Wherever confiscation is adjudged under this Act or the Rules made thereunder, the officer adjudging it shall give the owner of the goods an option to pay in lieu of confiscation such fine as the officer thinks fit [in addition to any duty and other charges due in respect of the goods]

[34-A. Confiscation of containers and conveyance.--Where under this Act or the rules made thereunder any goods are liable to confiscation, then the receptacles, packages or covering in which such goods are contained and the animals, vehicles, vessels, or other conveyances on which the goods are loaded or which are used in carrying the goods shall also be liable to confiscation.

[35. Appeals to Collector (Appeals).--(1) Any person aggrieved by any decision or order passed under this Act or the rules made thereunder by a Central Excise Officer lower in rank than a Collector of Central Excise, other than a decision or order or notice given or action taken under Section 11, may appeal therefrom to the Collector (Appeals) within thirty days of the date of the receipt of such order:

Provided that an appeal filed after the expiry of thirty days may be admitted by the Collector (Appeals) if he is satisfied that the appellant had sufficient cause for not filing the appeal within that period [;]]

[Provided further that the order for such dispensation shall cease to have effect on the expiration of a period of six months following the date on which order for dispensation was passed or until the order of dispensation is withdrawn earlier or the case is finally decided earlier by the appellate authority.]

(2) An appeal under this Section [shall be accompanied by a fee of five hundred rupees, and] shall be in such from and shall be verified in such manner as may be prescribed]

The substituted Section 35 read as follows:--

35. Appeals to Collector (Appeals).--(1) Any person aggrieved by any decision or order passed under this Act or the rules made thereunder by a Central Excise Officer lower in rank than a Collector of Central Excise, other than a departmental proceedings under this Act or the rules made thereunder for the purpose of satisfying itself or himself as to the legality or propriety of any decision or order passed therein by an officer subordinate to the Board or to the Collector and may pass such order as it or he thinks fit:

Provided further that no order imposing or enhancing any penalty or fine or requiring payment of a greater amount of duty shall be passed by the Board or the Collector unless the person affected by the proposed order has been given an opportunity of showing cause against it and of being heard.

(2) No decision or order shall be revised under this section after the expiry of three years from the date of such decision or order.

(3) No proceedings under sub-section (1) shall be initiated in a case where an appeal under sub-section (1) of Section 35 is pending except after the disposal of such appeal.

Provisions contained in sections 35 to Section 36-M, which have been substituted or added by the Finance Act, 1989. are similar to those contained in Chapter XIX of the Customs Act, 1969, as substituted by Finance Act, 1989. Thus the provisions in the two enactments in regard to appeals, revisions references etc. are practically identical. The said provisions of the Central Excise Act were kept in abeyance for administrative reasons and have been enforced w.e.f. 30th March, 1995 by SRO (I)/95, dated 22nd March, 1995.

NOTIFICATION

Islamabad, the 12th February, 1983

CUSTOMS

SRO 120(I)/83.--In exercise of the powers conferred by Section 193 of the Customs Act, 1969 (IV of 1969). and in supersession of its Notifications No. SRO 22()(I)/80, dated the 17th June, 1982, the Federal Government is pleased to direct that all appeals against orders and decisions of the Deputy Collectors of Customs of the areas specified in column 3 of the Table below and the officers of customs subordinate to them shall be heard and disposed of by the Collector of Customs (Appeals) specified against each in column 2 of that Table:

TABLE

Serial Collector of Customs Areas

No. (Appeals)

1. 2. 3.

1. Collector of Customs The Collectorate of Customs,

(Appeals), Appraisement. Appraisement, Custom House, Karachi.

2. Collector of Customs The Collectorates of Customs and

(Appeals), Northern Zone. Central Excise, Lahore.

Rawalpindi and Peshawar.

3. Collector of Customs The Collectorates of Customs and

(Appeals), Southern Zone. Central Excise, Hyderabad, Quetta and

Karachi, the Collectorate of Customs,

Preventive, Custom House, Karachi,

and the Pakistan Coast Guards,

Karachi.

[35A. Procedure in appeal.--(1) The Collector (Appeals) shall give an opportunity to the appellant to be heard if he so desires.

(2) The Collector (Appeals) may, at the hearing of an appeal, allow the appellant to go into any ground of appeal not specified in the ground of appeals, if the Collector (Appeals) is satisfied that the omission of that ground from the grounds of appeal was not wilful or unreasonable.

(3) The Collector (Appeals) may, after making such further inquiry as may be necessary, pass such order as he thinks fit confirming, modifying or annulling the decision or order appealed against, or may refer the case back to the adjudicating authority with such directions as he may think fit for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary:

Provided that an order enhancing any penalty or fine in lieu of confiscation or confiscating goods of greater value, reducing the amount of refund shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order:

Provided further that, where the Collector (Appeals) is of the opinion that any duty has not been levied or has been short-levied or erroneously refunded, no order requiring the appellant to pay any duty not levied, short levied or erroneously refunded shall be passed unless the appellant is given notice within the time limit prescribed for the purpose.

(4) The order of the Collector (Appeals) disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decision.

(5) On the disposal of the appeal, the Collector (Appeals) shall communicate the order passed by him to the appellant the adjudicating authority and the Collector of Central Excise.]

[35B Appeals to the Appellate Tribunal.--(1) Any person aggrieved by any of the following orders may appeal to the Appellate Tribunal against such order--

(a) a decision or order passed by the Collector of Central Excise as an adjudicating authority;

(b) an order passed by the Collector (Appeals) under Section 35;

(d) an order passed by the Central Board of Revenue or the Collector of Central Excise under Section 35-A, as it stood immediately before the appointed day:

Provided that no appeal shall lie to the Appellate Tribunal, and the Appellate Tribunal shall not have jurisdiction-to decide any appeal, in respect of any order referred to in sub-section (1) if such order relates to--

(a) a case of loss of goods, where the loss occurs in transit from a factory to a warehouse or to another factory or from one warehouse to another, or during the course of processing of the goods in a warehouse or in storage, whether in a factory or in a warehouse;

(b) a rebate of duty of excise on goods exported to any country or territory outside Pakistan, or on excisable materials used in the manufacture of goods which are exported to any country or territory outside Pakistan;

(d) an order passed under the rules made for the purpose of sub-section (4) of Section 3; and

(e) a decision or order or notice given under Section 11:

Provided further that the Appellate Tribunal may, in its discretion, refuse to admit an appeal in respect of an order referred to in sub-section (1) where--

(i) in any disputed case, other than a case where the determination of any question having a relation to rate of duty of excise or to the value of excisable goods and services for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved; or

(ii) the amount of fine or penalty determined by such order;

does not exceed ten thousand rupees.

(2) The Central Board of Revenue or the Collector of Central Excise may, if it, or as the case may be, he is of the opinion that an order passed by the Collector (Appeals) under Section 35-A is not legal or proper, direct any Central Excise Office authorised by it or him in this behalf (hereafter referred to as the authorised officer) to appeal on its or his behalf to the Appellate Tribunal against such order.

(3) An appeal under this section shall be filed within sixty days from the date on which the decision or order sought to be appealed against is communicated to the Central Board of Revenue or the Collector of Central Excise or, as the case may be, the other party, preferring the appeal.

(4) On receipt of notice that an appeal has been preferred under this section, the party against whom the appeal has been preferred may, notwithstanding that he may not have appealed against such order or any part thereof, file within thirty days of the receipt of the notice a memorandum of cross-objections verified in such manner as may be specified: by rules made in this behalf against any part of the order appealed against and such memorandum shall be disposed of by the Appellate Tribunal as if it were an appeal presented within the time specified in sub-section (3).

(5) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (3) or sub-section (4), if it is satisfied that there was sufficient cause for not presenting it within that period.

(6) An appeal to the Appellate Tribunal [shall be accompanied by a fee of five hundred rupees and] shall be in such form and shall be verified in such manner as may be specified by rules made in this behalf and shall, except in the case of an appeal referred to in sub-section (2) or a memorandum of cross-objections referred to in sub-section (4), be accompanied by a fee of two hundred rupees.]

[35-C Order of Appellate Tribunal.--(1) Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the decision or order appealed against or may refer the case back to the authority which passed such decision or order with such directions as the Appellate Tribunal may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary.

(2) The Appellate Tribunal may, at any time within three years from the date of order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1) and shall make such amendments if the mistake is brought to its notice by the Collector of Central Excise or the other party to the appeal:

Provided that an amendment which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the other party shall not be made under this sub-section, unless the Appellate Tribunal has given notice to him of its intention to do so and has allowed him a reasonable opportunity of being heard.

(3) The Appellate Tribunal shall send a copy of every order passed by it under this section, disposing of an appeal, to the Collector of Central Excise and the other party to the appeal.

(4) Save as otherwise provided in [section 6] an order passed by the Appellate Tribunal shall be final.

[35D. Procedure of Appellate, Tribunal.--(1) The provisions of sub-sections (1), (2), (5) and (6) of Section 194-C of the Customs Act, 1969 (IV of 1969), shall apply to the Appellate Tribunal in the discharge of its functions under this Act as they apply to it in the discharge of its functions under the said Act.

(2) Every appeal against a decision or order relating, among other things, to the determination of any question having a relation to the rate of duty of excise or to the value of excisable goods and services for purposes of assessment shall be heard by a Special Bench constituted by the Chairman for hearing such appeal and such bench shall consist of not less than two members and shall include at least one judicial member and one technical member.

(3) The Chairman or any other member of the Appellate Tribunal authorised in this behalf by the Chairman may, sitting singly, dispose of any case which has been allotted to the bench of which he is a member where--

(a) in any disputed case, other than a case where the determination of any question having a relation to the rate of duty of excise or to the value of excisable goods and services for purpose of assessment is in issue or is one of the points in issue the difference in duty involved or the duty involved; or

(b) the amount of fine or penalty involved;

does not exceed fifty thousand rupees.

(4) If the members of a bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ and the case shall be referred by the Chairman to, hearing on such point or points by one or more of the others members of the Appellate Tribunal, and such point or points, shall be decided according to the opinion of the majority of the members of the Appellate Tribunal who have heard the case including those who first hear it:

Provided that, whole the members of a Special Bench are equally divided, the point or points on which they differ shall be decided by the Chairman.

(5) Subject to the provisions of this Act, the Appellate Tribunal shall have power to regulate its own procedure and the procedure of the Benches thereof in all matters arising out of the exercise of its powers or of the discharge of its functions, including the places, at which the Benches share hold their sittings.]

[35-E Powers of Board or Collector of Central Excise to pass certain orders.--(1) The Central Board of Revenue may, of its own motion, cell for and examine the record of any proceeding in which a Collector of Central Excise as an adjudicating authority has passed any decision or order under this Act for the purpose of satisfying itself as to the legality or propriety of any such decision or order and may, by order, direct such Collector to apply to the Appellate Tribunal for the determination of such points arising out of the decision or order as may be specified by the Central Board of Revenue in its order.

(2) The Collector of Central Excise may, of his own motion, call for and examine the record of any proceeding in which an adjudicating authority subordinate to him has passed any decision or order under this Act for the purpose of satisfying himself as to the legality or propriety of any such decision or order and may, by order, direct such authority to apply to the Collector (Appeals) for the determination of such points arising out of the decision or order as may be specified by the Collector of Central Excise in his order.

(3) No order shall be made under sub-section (1) or sub-section (2) after the expiry of one year from the date of the decision or order of the adjudicating authority.

(4) Where, in pursuance of an order under sub-section (1) or sub-section (2), the adjudicating authority or the authorised officer makes an application to the Appellate Tribunal or the Collector (Appeals) within a period of thirty days from the date of communication of the order under sub-section (1) or sub-section (2) to the adjudicating authority, such application shall be heard by the Appellate Tribunal or the Collector (Appeals), as the case may be, as if such application were an, appeal made against the decision or order of the adjudicating authority and the provisions of the Act regarding appeals, including the provisions of sub-section (4) of Section 35-B shall, so far as may be, apply to such application.

(5) The Central Board of Revenue, or the Collector of Central Excise within his jurisdiction, may call for and examine the record of any decision or order where the decision or order is of the nature referred to in the first proviso to sub-section (1) of Section 35-B for the purpose of satisfying itself or, as the decision or order passed therein legality or propriety of the decision or order passed therein by a subordinate officer and may think fit:

Provided that no order confiscating goods of greater value, or enhancing any fine in lieu of confiscation, or imposing or enhancing any penalty, or requiring payment of any duty not levied or short levied or reducing the amount of rebate shall be passed unless the person affected thereby has been given an opportunity of showing cause against it and of being heard in person or through a counsel or other person duly authorised by him:

Provided further that no record of any proceedings relating to any decision or order passed by an officer of Central Excise shall be called for and examined after the expiry of two years from the date of such decision or order.]

[36. Revision by the Federal Government.--(1) The Federal Government may, on the application of any person aggrieved by any order passed under Section 35-A, where the order is of the nature referred to in the first proviso to sub-section (1) of Section 35-C, annul or modify such order.

Explanation.--For the purpose of this sub-section, "order passed under Section 35-A" includes an order passed under that section before the appointed day against which an appeal has not been preferred before that day and could have been, if the said section had not come in force, preferred after the appointed day of the Appellate Tribunal.

(2) An application under sub-section (1) shall be made within thirty days from the date of the communication to the applicant of the order against which the application is being made--

Provided that the Federal Government may permit the filing of application after the expiry of relevant period referred to in sub-section (2) if it is satisfied that there was sufficient cause for not presenting it within that period.

(3) An application under sub-section (1) [shall be accompanied by a fee of five hundred rupees and] shall be in such form and shall be verified in such manner as may be specified by the rules made in this behalf and shall be accompanied by a fee of two hundred rupees.

(4) The Federal Government may, of its own motion, annul or modify any order referred to in sub-section (1).

(5) No order enhancing any penalty or fine in lieu of confiscation or confiscating goods of greater value shall be passed under this section,--

(a) in any case in which an order passed under Section 35-A has enhanced any penalty or fine in lieu of confiscation or has confiscated goods of greater value; and

(b) in any other case, unless the person affected by the proposed order has been given notice to show cause against it within one year from the date of the order sought to be annulled or modified.

(6) Where the Federal Government is of the opinion that any duty of Excise has not been levied or has been short-levied, no order levying or enhancing the duty shall be made under this section unless the person affected by the proposed order is given notice to show cause against it within the time limit prescribed for the purpose.]

Section 36 confers powers of revision on the Federal Government on an application made by an aggrieved party, against--

(a) a decision or order passed by the Collector as an adjudicating authority (order in original);

(b) an appellate order passed by the Collector (Appeals);

(d) an order passed by the Central Board of Revenue or the Collector under Section 35-A before the appointed day (30th March, 1995);

If such decision or order relates to--

(i) a case of loss of goods during transit (a) from a factory to warehouse or to another factory or (b) from one warehouse to another, or (e) during the course of processing in a warehouse, or (f) in storage in a factory or a warehouse;

(ii) a rebate of duty on (a) goods exported, or (b) on excisable materials used in the manufacture of any such goods;

(iii) goods exported without payment of duty;

(iv) an order passed under the rules for production capacity; and

(v) a decision or order or notice in regard to recovery of arrears of duty, etc. under Section 11.

[36A. Power to rectify mistakes in orders.--(1) The Federal Government, the Central Board of Revenue or any Central Excise Officer may rectify any mistake which is apparent from the record in any order passed by it or him under any of the provisions of this Act or the Rules made thereunder, on its or his own opinion or on an application made by a person affected by the order within one year of the passing of such order:

Provided that no such rectification which has the effect of enhancing any penalty or fine or requiring the payment of a greater amount of duty shall be made unless the person affected by the proposed rectification has been given an opportunity of being heard.

(2) No order under this section shall be passed after the expiry of three years from the date of the passing of the order the mistake in which is sought to be rectified.

[36B. Deposit, pending appeal, of duty demanded or penalty levied.--Where in any appeal under this Chapter the decision or order appealed against relates to any duty demanded in respect of excisable goods which are not under the control of Central Excise authorities or excisable services or any penalty levied under this Act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the proper officer the duty demanded or the penalty levied:

Provided that where in any particular case, the Collector (Appeals) or the Appellate Tribunal is of the opinion that the deposit of duty demanded or penalty levied would cause undue hardship to such person, the Collector (Appeals) or, as the case may be, the Appellate Tribunal may dispense with such deposit subject to such conditions as he or it may deem fit to impose so as to safeguard the interest of revenue.;]

[Provided further that in any particular case, the Collector (Appeals) or the Appellate Tribunal may direct that, pending decision on the appeal, the duty demanded or penalty imposed, alongwith the additional duty payable under Section 3B, be paid by the appellant in suitable instalments spread over a period not exceeding six months from the date of such direction.

(2) If on an appeal, it is decided that the whole or any portion of the duty or penalty was not payable, and in case an appeal under sub-section (2) of Section 35B is not filed nor an application under Section 35E or under Section 36 is made against such decision, the Central Excise Officer shall, subject to the provisions of Section 3D, allow refund of such amount or portion thereof.]

[36C. Appeal to High Court.--(1) An aggrieved person or the Collector may file an appeal in the High Court in respect of any question of law arising out of an order under Section 35C.

(2) The appeal under this section shall be filed within thirty days of the date upon which an aggrieved person or the Collector is served with notice of an order under Section 35C.

(3) Where an appeal is filed under sub-section (1) by the aggrieved person, it shall be accompanied by a fee of two hundred rupees.

(4) An appeal under this section shall be heard by a Bench of not less than two Judges of the High Court.

(5) The High Court upon hearing the appeal under this section shall decide the question of law raised therein and shall deliver decision thereon containing the grounds on which such decision is based and shall send a copy of the decision under the seal of the Court to the Appellate Tribunal which shall, pass such orders as are necessary to dispose of the case conformably to such decision.

(6) Subject to sub-section (7), notwithstanding that an appeal has been filed under this section, sums due to the Government as the result of an order passed under Section 35C shall be payable in accordance with the said order.

(7) Where recovery of any sum has been stayed by the High Court by an order, such order shall cease to have effect on the expiration of a period of six months following the day on which it is made unless the appeal is decided, or such order is withdrawn, by the High Court earlier.

(8) The cost of appeal shall be in the discretion of the High Court.]

[36D. Statement of case to Supreme Court in certain cases.--If, on an application made under Section 36-C, the Appellate Tribunal is of the opinion that, on account of conflict in the decisions of High Courts in respect of any particular question of law it is expedient that a reference should be made direct to the Supreme Court, the Appellate Tribunal may draw up a statement of the case and refer it through the Chairman direct to the Supreme Court.

36E. Powers of High Court or Supreme Court to require statement to be amended.--If the High Court or the Supreme Court is not satisfied that the statement in a case referred to it is sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Appellate Tribunal for the purpose of making such additions thereto or alterations therein as it may direct in that behalf.

36F. Case before High Court to be heard by not less than two Judges.--(1) When any case has been referred to the High Court under Section 36-C, it shall be heard by a Bench of not less than two Judges of the High Court and shall be decided in accordance with the opinion of such Judges or of the majority, if any, of such Judges.

(2) Where there is no such majority, the Judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of the other Judges of the High Court, designated by the Chief Justice, and such point shall be decided according to the opinion of the majority of the Judges who have heard the case including those who first heard it.]

36G. Decision of High Court or Supreme Court on the case stated.--(1) The High Court or the Supreme Court hearing any such case shall decide the questions of law raised therein and shall deliver its judgment thereon containing the grounds on which such decision is founded and a copy of the judgment shall be sent under the seal of the Court and the signature of the Registrar to the Application Tribunal which shall pass such orders as are necessary to dispose of the case in conformity with such agent.

36H. Appeal to Supreme Court.--An appeal shall lie to the Supreme Court from--

(a) any judgment of the High Court on a reference made under Section 36-C in any case which, on its own motion or on an oral application made by or on behalf of the party aggrieved, immediately after the passing of the Judgment, the High Court certifies it to be a fit one for appeal to the Supreme Court; or

(b) any order passed by the Appellate Tribunal relating among other things, to the determination of any question having a relation to the rate of duty of excise or to the value of goods for purposes of assessment.]

[36I. Hearing before Supreme Court.--(1) The provisions of the Code of Civil Procedure, 1908 (V of 1908), relating to appeals to the Supreme Court shall, so far as may be, apply in the case of appeals under Section 36-H as they apply in the case of appeals from decrees of a High Court:

Provided that nothing in this sub-section shall be deemed to affect the provisions of sub-section (1) of Section 36-G or Section 36-J.

(2) The costs of the appeal shall be in the discretion of the Supreme Court.

(3) Where the judgment of the High Court is varied or reversed in, the appeal, effect shall be given to the order of the Supreme Court in the manner provided in Section 36-G in the case of a judgment of the High Court.]

36J. Sums due to be paid notwithstanding reference etc.--Notwithstanding that a reference has been made to the High Court or the Supreme Court or an appeal has been preferred to the Supreme Court, sums due to the Government as a result of an order passed under sub-section (1) of Section 35-C shall be payable in accordance with the order so passed]

36K. Exclusion of time taken for copy.--In computing the period of limitation specified for an appeal or application under this chapter, the day on which the order complained was served, and if the party preferring the appeal or making the application was not furnished with a copy of the order when the notice of the order was served upon him, the time requisite for obtaining a copy of such order shall be excluded]

36L. Transfer of certain pending proceedings.--(1) Every appeal which is pending immediately before the appointed day before the Central Board of Revenue under Section 35 as it stood immediately before that day and any matter arising out of or connected with such proceedings and which is so pending shall stand transferred on the appointed day to the Appellate Tribunal and the Appellate Tribunal may proceed with such appeal or matter from the stage at which it then was or may re-hear the same, as it may deem fit.

(2) Every proceeding in revision which is pending immediately before the appointed day before the Federal Government under Section 36 as it stood immediately before that day and any matter arising out of or connected with such proceedings which is so pending shall stand transferred on the appointed day to the Appellate Tribunal and the Appellate Tribunal may proceed with such proceeding or matter from the stage at which it then was or may re-hear the same, as it may deem fit, as if such proceeding or matter were an appeal filed before it:

Provided that, if any such proceeding or matter relates to an order where--

(a) in any disputed case other than a case where the determination of any question having a relation to the rate of duty of excise or to the value of excisable goods and services for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved; or

(b) the amount, of fine or penalty determined by such order;

does not exceed ten thousand rupees, such proceeding or matter shall continue to be dealt with by the Federal Government as if the said Section 36 had not been substituted:

Provided further that the applicant or the other party may make a demand to the Appellate Tribunal that, before proceeding further with that proceeding or matter, he may be re-heard.

(3) Every proceeding which is pending immediately before the appointed day before the Central Board of Revenue or the Collector of Central Excise under Section 35A, as it stood immediately before that day, and any matter arising out of or connected with such proceeding and which is so pending shall continue to be dealt with by the Central Board of Revenue or the Collector of Central Excise, as the case may be, as if the said section had not been substituted.

[36M. Definitions.--In this Chapter.--

(a) "appointed day" means the date of coming infor force of the Finance Act, 1989;

(b) "High Court" means in relation to any Province the High Court for that Province.

[CHAPTER-VI-A

SETTLEMENT OF CASES

36N. Indirect Taxes Settlement Commission.--(1) The Federal Government shall appoint an Indirect Taxes Settlement Commission to exercise the powers and perform the functions conferred on it under this Chapter.

(2) The Commission shall consist of a Chairman and as many members as may be necessary, and shall function within the Division of the Federal Government dealing with revenue.

(3) The members of the Commission shall be appointed by the Federal Government from amongst persons of integrity and outstanding ability having special knowledge of, and experience in, matters relating to customs, central excise and sales tax laws and procedures, and having not less that twenty-two years of service in the customs, central excise or sales tax departments:

Provided that the Federal Government may also appoint suitable number of, associate members, not exceeding one associate member for each bench of the Commission, from amongst persons of integrity and outstanding ability who are qualified chartered accountants or cost accountants or possess such qualification and experience as may be prescribed by the Federal Government.

(4) The terms, conditions and tenure of service of associate members shall be determined by the Federal Government.

(5) The Federal Government shall appoint the senior most member of the Commission to be the Chairman thereof.

Chapter VI-A, which has been added to the Central Excise Act, 1944, by the Finance Act, 1996, is identical to Chapter XIX-A of the Customs Act, 1969, which also was added to the latter Act by the Finance Act, 1996. The said Chapter VI-A provides for the appointment of a Commission, consisting of a Chairman and both members and associate members, for settlement of cases pertaining to indirect taxes. The jurisdiction of the commission is to deal with proceedings under Sections 9, 35, 35B, 35E, 36, 36C or the rules and 36D, involving an amount of Central Excise duty exceeding Rs. one lac, which are pending when an aggrieved person makes an application to the Commission for the settlement of case. The commission is to work in benches, ordinarily consisting of two members and one associate member, nominated by the Chairman of the Commission. It is understood that though the members as well as associate members of the commission have been appointed, the commission has not yet started working, but it is expected to do so shortly. The commission is expected to decide early settlement of cases involving substantial amount of tax, additional tax or penalty. The proceedings of the commission are deemed to be judicial proceedings, and its orders are declared to be final. The commission has been empowered under Sect on 36V to re-open any proceedings if in the commission's opinion, to be recorded in writing, that for proper disposal of a case before it, it is essential to re-open any proceedings which have been completed by any Central Excise Officer before the application of settlement of case was made before it.

36O. Definitions.--In this Chapter, unless the context otherwise requires,--

(i) "associate member" means an associate member appointed under proviso to sub-section (3) of Section 36N;

(ii) "case" means any proceeding under Sections 9, 35, 35B, 35E, 36, 36C and 36D or the rules which may be pending on the date of making the application under sub-section (1) of Section 360:

Provided that where an appeal or application for revision or reference has been filed after the period of limitation and which has not been admitted, such appeal, application for revision or reference shall not be deemed to be a proceeding pending within the meaning of this clause;

(iii) "Chairman" means the Chairman of the Commission appointed under Section 36N;

(iv) "Commission" means the Indirect Taxes Settlement Commission appointed under Section 36N;

(v) "member" means a Chairman thereof.

36P. Powers and functions of the Commission.--(1) The powers and functions of the Commission may be exercised and performed by benches constituted by the Chairman from amongst the members and associate members.

(2) A bench shall, ordinarily, consist of two members and an associate member and shall be presided over by the Chairman:

Provided that where the applicant makes an application under Section 36Q, in writing, for decision of his case without the associate member, the bench shall be so constituted.

Provided further that, where the Chairman is not a member of the bench, the Chairman may authorise any member to perform his functions on the bench.

(3) No act or proceeding of the Commission shall be invalid merely on the ground of existence of any vacancy of an associate member on the bench.

(4) Subject to the provisions of this Act, the Commission shall have the power to regulate its own procedure, and the procedure of benches in all matters arising out of the performance of its functions, including the places at which the benches shall hold their sittings.

(5) If the members of a bench differ in opinion as to the decision to be given on any issue,--

(a) the issue shall be decided according to the opinion of the majority, if there is a majority;

(b) If the members are equally divided and the Chairman of the Commission is not himself a member of the bench, the case shall be referred to the Chairman and the decision of the Commission shall be expressed in terms of the opinion of the Chairman; and

(c) If the members are equally divided and the Chairman of the Commission is himself a member of the bench, the opinion of the Chairman shall prevent, and the decision of the Commission shall be expressed in terms of opinion of the Chairman.

(6) In addition to the powers conferred on the Commission under this Chapter, it shall have all the powers which are rested in a Central Excise Office for the proper performance of its functions under this Chapter.

36Q. Application for Settlement of cases.--(1) Any person aggrieved by any order or decision may at any stage of his case, make an application in such from and in such manner as may be prescribed, containing full and true, disclosure of his circumstance and the facts which he may not have disclosed earlier, the manner in which he evaded or avoided payment of Central Excise Duty, the additional amount of central excise duty payable in this regard and such other particulars as may be prescribed, to the Commission to have the case settled, and any such application shall be disposed of in the manner provided:

Provided that no such application shall be made unless the total amount of Central Excise Duty payable exceed one hundred thousand rupees.

(2) Every application made under sub-section (1) shall be accompanied by a fee of one thousand rupees.

(3) An applicant, once having made an application under sub-section (1), shall not be entitled to withdraw it.

36R. Disposal of applications by the Commission.--(1) The Commission may, before disposing of any application, call for such particulars as it may require in respect of the application brought before it, or cause further enquires to be made by the Collector of Central Excise and on the basis of his report and having regard to the nature and circumstances of the case, it may, by order, allow the application to be proceeded with or reject the application:

Provided that an application shall not be rejected under this sub-section unless an opportunity of being heard is provided to the applicant.

(2) Notwithstanding anything contained in sub-section (1) an Application shall not be proceeded with under that sub-section if the Collector of Central Excise objects to such application on the ground that the particulars of evasion on the part of the applicant or perpetration of fraud by him for evading central excise duty under this Act and the rules made thereunder has been established or is likely to be established by any Central Excise Officer:

Provided that where the Commission does not agree with the objections raised by the Collector, it may, after giving the Collector an opportunity of being heard, accept the, application to being proceeded with under sub-section (1).

(3) Where an application is allowed to be proceeded with under sub-section (1), the Commission may call for the relevant records from the Collector of Central Excise, and after examination of such records, if the Commission is of the opinion that any further inquiry in the matter is necessary, it may direct the Collector to make or cause to be made such further enquiry and furnish a report on the matters within such time as it may fix.

(4) After examination of the records and the report of the Collector received under sub-section (1) or sub-section (3), and after giving an opportunity to the applicant and to the Collector to be heard, in person or through their authorised representatives, and after examining such further evidence as may be placed before it or obtained, the Commission may, in accordance with the provisions of this Act and the rules made thereunder, pass such order as it thinks fit on the matters stated in the application and reported to it by the Collector under sub-section (1) or sub-section (3).

(5) Every order passed under sub-section (4), shall provide for the terms of settlement, including any demand of duty, regulatory duty, additional duty, penalty, fine in lieu of confiscation or prosecution proceedings and the manner in which any sum due under the settlement shall be paid, and all the matters to make the settlement effective and shall also provide that the settlement shall be void if it is subsequently found by the Commission that it has been obtained by fraud or misrepresentation.

(6) Where a settlement becomes void, the proceedings with respect to the matters relating to the settlement shall be revived from the stage at which the application was allowed, except the matters pending in appeal or revision before making an application under sub-section (1) of Section 36Q, and the concerned Central Excise Officer may, notwithstanding anything contained in any other provision of this Act and the rules made thereunder, complete such proceedings.

(7) The Commission may, if it is of the opinion that any person who made an application under Section 36Q does not cooperate with the Commission in the proceedings before it, send the case back to the Central Excise Officer, with whom such case was pending at the time application under that section was made, who shall thereupon dispose of the case in accordance with the provisions of this Act and the rules made thereunder, as if no application under Section 36Q had been made.

36S. Recovery of sums due under an order of settlement.--Any sum specified in an order of settlement passed under sub-section (4) of Section 36R shall, subject to such conditions as may be specified therein, be recovered, and any additional duty or penalty for default in making-payment of such sum, may be imposed and recovered in accordance with the provisions of this Act and the rules made thereunder by the Central Excise Officer having, jurisdiction in the case.

36T. Bar on subsequent application for settlement in certain cases.--No fresh application for settlement shall be made where--

(i) an order of the settlement passed under Section 36R provides for the imposition of a penalty on the person on the ground of evasion of central excise duty; or

(ii) a person is convicted of any offence under Section 9; or

(iii) a case is sent back to the Central Excise Officer by the Commission for assessment or re-assessment for any reason ; or

(iv) the settlement becomes void under this Chapter.

36U. Order of settlement to be conclusive.--Every order of the Commission passed under Section 36R shall be conclusive as to the matter stated therein and no matter covered by such order shall, save or otherwise as provided in this Chapter, be re-opened in any proceeding under this Act or under any law for the time being in force.

36V. Power of the Commission to re-open proceedings.--If the Commission is, for reasons to be recorded in writing, of the opinion that for the proper disposal, of the case pending before it, it is essential to reopen any proceedings connected with the case but which have been completed under this Act by any Central Excise Officer before the application under Section 36Q was made, it may, with the concurrence of the applicant, re-open such proceedings and pass such order thereon as it thinks fit, as if the case in relation to which the application for settlement had been make by the application under that section covered such proceedings as well:

Provided that no proceedings shall be re-opened by the Commission under this section if the period between the end of the financial year to which such proceedings relate and the dale of application for settlement under Section 36Q excuse five years.

36W. Proceedings before the Commission to be judicial proceeding.--Any proceedings before the Commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860), and for the purpose of Section 196 thereof.

36X.--Communications of orders.--The Commission shall communicate its order to the applicant, the Collector, the adjudicating office and the officer incharge of the Agency which detected the evasion or seized the goods.]

CHAPTER-VII

SUPPLEMENTAL PROVISIONS

37. Power of [Central Board of Revenue] to make rules.--(1) The [Central Board of Revenue] may make rules to carry into effect the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may--

(i) provide for the assessment and collection of duties of excise, the authorities by whom functions under this Act are to be discharged, the issue of notices requiring payment, the manner in which the duties shall be payable, and the recovery of duty not paid;

(ii) prohibit absolutely, or with such exceptions, or subject to such conditions as the [Central Board of Revenue] thinks fit, the production or manufacture, or any process of the production or manufacture of excisable goods, or of any component parts or ingredients or containers thereof, [or the providing or rendering of any excisable services,] except on land or premises approved for the purpose;

(iii) prohibit absolutely, or with such exceptions, or subject to such conditions as the [Central Board of Revenue] thinks fit, [* * *] on the transit of excisable goods from any part of [Pakistan] to any other part thereof;

(iv) regulate the removal of excisable goods from the place where produced, stored or manufactured or subjected to any process of production or manufacture and their transport to or from the premises of a licensed person, or a bonded warehouse, or to a market;

(v) regulate the production or manufacture, or any process of the production or manufacture, the possession, storage and sale of salt and so far as such regulation is essential for the proper levy and collection of the duties imposed by this Act, of any other excisable goods, or of, any component parts or ingredients or containers thereof;

(vi) provide for the employment of officers of the [Government] to supervise the carrying out of any rules made-under this Act;

(vii) require a manufacturer or the licensee of a warehouse [or a person providing or rendering any excisable services] to provide accommodation within the precinct of his factory or warehouse [or premises] for officers employed to supervise the carrying out of regulations made under this Act and prescribe the scale of such accommodation;

(viii) provide for the appointment, licensing, management, and supervision of bonded warehouses and the procedure to be followed in entering goods into and clearing goods from such warehouses;

(ix) provide for the distinguishing of goods which have been manufactured under licence, of materials which have been imported under licence, and of goods on which duty has been paid, or which are exempt from duty under this Act;

(x) impose on persons engaged [in the providing or rendering of any excisable services or] in the production; or manufacture, storage or sale (whether on their own account or as brokers or commission agents) of salt, and, so far as such imposition is essential for the proper levy and collection of the duties imposed by this Act, of any other excisable goods, the duty of furnishing information, keeping records and making returns, and prescribe the nature of such information and the form of such records and returns, the particulars to be contained therein, and the manner in which they shall be verified;

(xi) require that excisable goods, shall not be sold or offered or kept for sale in [Pakistan] except in prescribed containers, bearing a banderol, stamp or label of such nature' and affixed in such manner as may be prescribed [and provide for the printing, embossing or weaving of retail price on any excisable goods and on containers, packages, covers, labels and wrappers in which any excisable goods are sold];

(xii) provide for the issue of licences and transport permits and the fees, if any to be charged therefore:

Provided that the fees for the licensing of the manufacture and refining of salt and saltpetre shall not exceed, in the case of each such licence, the following amounts, namely:--

Licence to manufacture and refine salt petre and to separate and purify salt in the process of such manufacture and refining (Rs. 50).

Licence to manufacture salt petre (Rs. 2).

Licence to manufacture sulphate of soda (Kharinum) by solar heat in evaporating pans (Rs. 10).

Licence to manufacture sulphate of soda (Kharinum) by artificial heat (Rs. 2).

Licence to manufacture other saline substances. (Rs. 2).

(xiii) provide for the detention of goods, plant, machinery or material, for the purpose of exacting the duty, the procedure in connection with the confiscation, otherwise than under Section 10 or Section 28, of goods in respect of which breaches of the Act or rules have been committed, and the disposal of goods so detained or confiscated;

(xiv) authorise and regulate the inspection [of any premises where any excisable service are provided or rendered or] of factories and provide for the taking of samples, and for the making of tests, of any substance produced therein, and for the inspection or search of any place, or conveyance used for the production, storage, sale or transport of salt, and so far as such inspection or search is essential for the proper levy and collection of the duties imposed by this Act, of any other excisable goods;

(xv) authorise and regulate the composition of offences against, or liabilities incurred under this Act or the rules made thereunder;

(xvi) [provide for permission to export goods on payment of duty or otherwise, and for the grant of rebate, on any basis, of the whole or, any part of the duty paid on or in respect of any excisable goods which are exported or which are used in the manufacture of any other goods which are exported out of Pakistan or shipped as provisions or stores for consumption on board a ship or aircraft proceeding to any destination outside Pakistan [or provide, with the approval of the Federal Government, for withdrawal or disallowing such rebate in part or whole];]

[(xvii) ****].

(xviii) define an area no point in which shall be more than one hundred yards from the nearest point of any place in which salt is stored or sold by or on behalf of the [Federal Government], or of any factory in which saltpetre is manufactured or refined, and regulate the possession, storage and sale of salt within such area;

(xix) define an area round any other place in which salt is manufactured, and regulate the possession, storage and sale of salt within such area;

(xx) authorise the [* *] Collector of Central Excise appointed for the purposes of this Act to provide, by written instructions, for supplemental matters arising out of any rule made [* *] under this section.

[(xxi) provide for the registration, and regulating the conduct of the Central Excise practitioners appearing before any Central Excise Officer, the Central Board of Revenue, the Federal Government or the Standing Tribunal constituted under sub-section (6) of Section 3 in connection with any proceedings under this Act or the rules make thereunder; [* * *].

[(xxii) require that the specified excisable goods shall not be manufactured and removed from the factory unless a laboratory equipped with such apparatus and appliances as may be prescribed is set up in the factory and the goods manufactured conform to the standards fixed by the Federal Government including for health, safety and environment; [***]

(xxiii) provide for charging of fees for processing the central excise documents and preparation of copies thereof [and]

[(xxiv) provide for deduction of duties of excise at the time of making payment for supply of excisable goods or for providing or rendering excisable services to a person, including Government, semi-Government department, local authority, autonomous body, corporation, company, firm, foreign contractor or consultant or consortium or institution and for deposit of the deducted amount in the treasury.]

(3) In making rules under this section, the [Central Board of Revenue] may provide that any person committing a breach of any rule shall, [without prejudice to any other action that may be taken against him under] this Act, be liable to a penalty not exceeding [twenty thousand] rupees [or ten times the amount of [value of goods and services] involved whichever is greater] and that any article in respect of which any such breach is committed shall be confiscated.]

38. Publication of rules and notifications.--All rules made and notifications issued under this Act shall be made and issued by publication in the official Gazette. All such rules and notifications shall thereupon have effect as if enacted in this Act [.]

[* * *]

39. Repeal of enactments.--The enactments specified in the [Third Schedule] are hereby repealed to the extent mentioned in the fourth column thereof. But all rules made, notifications published, licences, passes or permits granted, powers conferred and other things done under any such enactment and now in force shall, so far as they are not inconsistent with this Act, be deemed to have been respectively made, published, granted, conferred or done under this Act.

40. Bar of suit and limitation of suit and other legal proceedings.--[(1) No suit shall be brought in any civil Court to set aside or modify any order passed, or any assessment, levy or collection of any duty, under this Act.]

[(2) * * *]

[(3) No suit [,prosecution or other legal proceeding] shall lie against the [Federal Government] or against any officer of the Government in respect of any order passed in good faith or any act in good faith done or ordered to be done under this Act.]

41. Observance of Board's orders, directions and instructions.--All officers and persons employed in the execution of this Act and the rules made thereunder shall observe and follow the orders, directions and instructions of the Central Board of Revenue:

Provided that no such instructions shall be given by the Central Board of Revenue so as to interfere with the discretion of an officer in the performance of his duties under Sections 33 and 35.]

----------------------

THE

CIVIL COURTS ORDINANCE, 1962

[W.P. ORDINANCE II OF 1962]

[8th January, 1962]

An Ordinance to amend and consolidate the law relating to Civil Courts in the Province of West Pakistan i.e. Punjab,

Sindh, N.W.F.P., & Balochistan.

Preamble.--Whereas it is expedient to amend and consolidate the law relating to Civil Courts in the Province of West Pakistan.

Now, therefore, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance:-

CHAPTER-I

PRELIMINARY

1. Short title, extent and commencement.--(1) This Ordinance may be called the [West Pakistan] Civil Courts Ordinance, 1962.

(2) It extends to the whole of the Province of West Pakistan.

(3) It shall come into force at once in the Divisions of Bahawalpur, Dera Ismail Khan, Hyderabad, Khairpur, Lahore, Multan, Peshawar, Quetta, Rawalpindi and Sargodha and the District of Karachi, and in the remaining parts of the Province or any specified area of areas thereof, it shall come into force on such date as Government may, by notification in the official Gazette, appoint in this behalf.

2. Definitions.--In this Ordinance, 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 (Provincial Government of the Province concerned).

(b) "High Court" means the High Court of the Province concerned;

(c) "Land" means land which is not occupied as the site of any building in a town or village and is occupied or has been let for agricultural purposes or for purposes subservient to agriculture or for pasture, and includes the sites of buildings and other structures on such lands;

(d) "Land suit" means a suit relating to land or to any right or interest in land;

(e) "Prescribed" means prescribed by rules made under this Ordinance;

(f) "Small cause" means a suit of the nature cognizable by a Court of Small Causes under the Provincial Small Causes Courts Act, 1887 (IX of 1887);

(g) "Unclassed suit" means a suit which is neither a small cause nor a land suit; and

(h) "Value" used with reference to a suit means the amount or value of the subject-matter of the suit.

CHAPTER-II

CIVIL COURTS

3. Classes of Courts.--Besides the Court of Small Causes established under the Provincial Small Causes Courts Act, 1887 (IX of 1887), and the Courts established under any other enactment for the time being in force, there shall be the following classes of Civil Courts namely--

(a) The Court of the District Judge;

(b) The Court of the Additional District Judge;

4. Civil Districts. For the purpose of this Ordinance, Government may, by notification divide the Province into Civil Districts, fix the limits of such Districts and determine the head-quarters of each District.

5. District Judge.--Government shall in consultation, with the High Court, appoint as many persons as it thinks fit necessary to be District Judges and post a District Judge to each District:

Provided that the same person may be appointed to be District Judge of two or more districts.

6. Additional District Judge.--(1) Government may, in consultation with the High Court, appoint as many Additional District Judges as may be necessary.

(2) An Additional District Judge shall discharge such functions of a District Judge as the District Judge may assign to him, and in the discharge of those functions he shall exercise the same powers as the District Judge.

7. Original Jurisdiction of District Judges in suits.--Except as otherwise provided by any enactment for the time being in force, the Court of the District Judge, shall have jurisdiction in original suits without limit as regard the value.

Sindh Amendment Act III of 1992.

For Section 7 as amended by Ordinance XXX of 2002;

[7.ÿÿOriginal jurisdiction of the Court of District Judge.--Subject to to this Ordinance or any law for the time being in force, the original jurisdiction of the Court of the District Judge in civil suits and proceedings shall be without limit of the value thereof excepting in the Karachi Districts where the original jurisdiction in civil suits and proceedings of the value exceeding thirty lacs of rupees shall be exercised by the High Court.]

Section 7 before substituted ran as under:--

[7.ÿÿOriginal jurisdiction of the Court of District Judge.--Subject to any law for the time being in force, the original jurisdiction of the Court of the District Judge in civil suits and proceedings shall be without limit of the value thereof excepting in the Karachi Districts where the original jurisdiction in civil suits and proceedings of the value exceeding five lacs of rupees shall be exercised by the High Court:

Provided that the civil suits and proceedings, of the value not exceeding five lacs of rupees in respect of the Karachi pending in the High Court immediately before the commencement of the Sindh Civil Courts (Amendment) Ordinance, 1991 shall be disposed of by the High Court.

8. Civil Judge. Government may in consultation with the High Court,--

(a) fix the number of the Civil Judges to be appointed;

(b) make rules prescribing qualifications for recruitment of persons as Civil Judge; and

9. Pecuniary Limits of Jurisdiction of Civil Judges. The jurisdiction to be exercised in original suits as regards the value by any person appointed to be a Civil Judge shall be determined by the High Court either by including him in a class or otherwise as it thinks fit.

10. Local Limits of Jurisdiction. (1) The local limits of the jurisdiction of a Civil Judge shall be such as the High Court may define.

(2) Where the High Court posts a Civil Judge to a District, the local limits of the District shall in the absence of any direction to the contrary, be deemed to be the local limits of his jurisdiction.

11. Power to invest Civil Judges with Small Causes Courts Jurisdiction. The High Court may, by Notification, within such local limits as it thinks fit, confer upon any Civil Judge, the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, for the trial of suits, cognizable by such Courts, up to such value not exceeding one thousand rupees as it thinks fit.

12. Exercise by Civil Judge of Jurisdiction of District Courts in certain proceedings. (1) Notwithstanding anything contained in the Succession Act, 1925 (XXXIX of 1925) the High Court, may by general or special order, authorise any Civil Judge, to take cognizance of or any District Judge to transfer to a Civil Judge under his control, any proceedings or class of proceedings under the said Act.

(2) The District Judge may withdraw any such proceedings taken cognizance of by or transfers to a Civil Judge, and may either himself dispose of or transfer them or transfer them to a Court under his control, competent to dispose of them:

Provided that nothing herein contained shall empower a District Judge to withdraw such proceedings as have been specifically transferred from his Court by the High Court.

(3) Proceedings taken cognizance of by or transferred to a Civil Judge, as the case may be under Section, shall be disposed of by him, subject to the rules applicable to like proceedings when disposed of by the District Judge.

13. Places of sitting of Courts. (1) The High Court may fix the place or places at which any Court under this Ordinance is to be held.

(2) The place or places so fixed may be beyond the local limits of the jurisdiction of the Court.

(3) Except as may be otherwise provide by any order under this section, a Court under this Ordinance may be held at any place within the local limits of its jurisdiction.

14. Control of Courts and Presiding Officers. (1) All Civil Courts in the area to which this Ordinance extends shall be subordinate to the High Court, and subject to the general superintendence and control of the High Court, the District Judge shall have control over all Civil Courts within the local limits of his jurisdiction.

(2) The posting of Civil Judges shall be made by the High Court.

15. Power to distribute business.--Notwithstanding anything contained in the Code of Civil Procedure, 1908, every District Judge may by written order direct that any civil business cognizable by his Court and the Courts under his control shall be distributed among such Courts in such manner as he thinks fit:

Provided that no direction issued under this section shall empower any Court to exercise any powers or deal with any business beyond the limits of its jurisdiction.

16. Delegation of Powers by District Judge. A District Judge may, with the previous sanction of the High Court delegate, in respect of any specified portion of the District, to any Civil Judge in the District, his powers under Sections 14 and 15 of this Ordinance and the powers of the District Judge under Section 24 of the Civil Procedure Code, 1908, and such powers may be exercised by such Civil Judge subordinate to the general control of the District Judge.

CHAPTER-III

JURISDICTION CIVIL APPEALS

17. Appeals from District Judges or Additional District Judge. (1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge or Additional District Judge exercising original jurisdiction shall lie to the High Court.

(2) An appeal shall not lie to the High Court from a decree or order of an Additional District Judge in any case in which, if the decree or order has been made by the District Judge, an appeal would not lie to that Court.

18. Appeals from Civil Judges.--(1) Save as aforesaid, an appeal from a decree or order of a Civil Judge shall, lie--

(a) to the High Court if the value of the original suit in which the decree or order was made exceeding fifty thousand rupees; and

(b) to the District Judge in any other case.

(2) Where the function of receiving any appeal which lies to the District Judge under the last preceding sub-section has been assigned to an Additional District Judge, the appeal may be preferred to the Additional District Judge.

(3) The High Court may, by Notification, direct that appeals lying to District Judge from all or any of decrees or orders passed in any original suit by any Civil Judge shall be referred to such other Civil Judge, as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly, and the Court of such Civil Judge shall be deemed to be a District Court for the purpose of all appeals so preferred.

Sindh Amendment.--Save as aforesaid, an appeal from a decree or order of a Civil Judge shall lie to the District Judge.

In Section 18 in sub-section (1), in clause (a) for the words "fifty thousand" the words "two lacs and fifty thousand" shall be substituted.

Balochistan Amendment.--In Section 18, in sub-section (1), in clause (a) for the words "fifty thousand" the words "five hundred thousand" shall be substituted.

Punjab Amendment.--In Section 18 in sub-section (1), in clause (a) for the words "fifty thousand" the words "two hundred thousand" was subs. by Punjab Amendment Act V of 1986 which was again subs. for "twenty five hundred thousand" by Ordinance LV of 2002, dated 26.9.2002.

CHAPTER-IV

SUPPLEMENTAL PROVISIONS

19. Continuance of powers of officers. Whenever any person holding an office in the service of the State who has been invested with any powers under this Ordinance throughout any local area is transferred or posted at any subsequent time to an equal or higher officer of the same nature within a like local area, he shall, unless the High Court otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.

20. Provisions regarding petition-writers. The High Court, in consultation with the Board of Revenue, West Pakistan may make rules consistent with this Ordinance and any other enactment for the time being in force--

(a) declaring what persons shall be permitted to act as petition-writers in Courts;

(b) regulating the issue of licences to such persons, the conduct of business by them and the scale of fees to be charged by them; and

(c) determining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed.

21. Temporary vacancy of office of District Judge. In the event of the death of a District Judge or of his being prevented from performing his duties by illness or other cause, the Additional District Judge, if any, or in the absence of the Additional District Judge from the District, the senior-most of the Civil Judge at the headquarters, shall assume charge of the district without interruption of his ordinary jurisdiction and while so in charge shall perform the duties of the District Judges with respect to the filing of suits and appeals, receiving pleadings, execution of processes and the like, and shall be designated Additional District Judge, or Civil Judge, as the case may be, incharge of the district and shall continue in such charge until office of the District Judge has been resumed or assumed by an officer duly appointed thereto.

22. Delegation of Powers of the District Judges.--Any District Judge, leaving the Headquarters and proceeding on duty to any place within his jurisdiction or in the event of his absence from the District on leave may delegate to the Additional District Judge or in the absence of an Additional District Judge to the senior most of the Judges at the Headquarters, the powers of performing any of the duties enumerated in Section 21 that may be emergent; and such officer shall be designated Additional District Judge or Civil Judge, as the case may be, incharge of the District.

23. Temporary vacancy of office of Civil Judges. In the event of the death, suspension or temporary absence of any Civil Judge, the District Judge may empower any other Civil Judge of the District to perform the duties of the Judge of the vacated Civil Court either at the place of such Court or of his own Court, but in every such case the registers and records of the two Courts shall be kept separately.

24. Civil Court having unlimited jurisdiction regarding value to try suits against the State and its servants in their official capacity.--No Civil Court not having jurisdiction in original suits without limit as regards value and no Court of the Small Causes shall receive, entertain or register any suit in which Pakistan or any of its provinces or public officer as defined in clause (17) of Section 2 of the Code of Civil Procedure, 1908 in his official capacity, is party:

[Provided that in the Karachi District any such suit, if the value thereof does not exceed twenty-five thousand rupees, [now rupees five lac], may be instituted in the Court of the District Judge, the Additional District Judge of the First Class, and in the High Court where the value of the suit exceeds twenty five thousand rupees [now rupees five lac].]

(2) In every such case the plaintiff shall be referred to the Court of Civil Judge having jurisdiction in original suits without limit as regard value and such suits shall be instituted only in the Court of such Civil Judge and shall be heard at the Head-quarters of District;

[(2-A) Notwithstanding anything contained in sub-sections (1) and (2) in the Karachi District, any suit if the value thereof does not exceeds [now rupees five lac], may be instituted in and be tried by the Court of the District Judge, the Additional District Judge or Civil Judge of the first class, and where the value of the suit exceeds [now rupees five lac rupees,] it shall be instituted in and be tried by the High Court.

(2-B) The High Court may transfer any civil suit, whether instituted before or after the coming into force of the West Pakistan Civil Courts (Amendment) Act, 1963, and whether pending before it or in any other Court, which under the provisions of sub-section (2-A) may be tried by a Civil Court constituted under this Ordinance, the suit. Civil Court, and such suit shall thereupon be tried by such Civil Court.

(3) Nothing in this section shall be deemed to apply to a suit relating to the affairs of a Government, Railway or to any suit merely because a public officer is a party thereto in his official capacity as--

(a) a member of a local authority;

(b) a curator, guardian, manager or representative of a private person estate in virtue of an appointment, delegation, declaration or exercise of power under--

(i) Order XXXII, Rule 4(4) of the Code of Civil Procedure, 1908;

(ii) Section 195 of the Succession Act, 1925;

(iii) Section 69 or 71 of the Lunacy Act, 1912;

(iv) Sections 7, 18 or 42 of the Guardians and Wards Act, 1890; or

(v) any provisions of any West Pakistan enactment relating to Court of Wards.

Sindh Amendment: [(1) (a) No Civil Court not having jurisdiction in original suits without limits as regards value--

(b) No Court of Small Causes;

(c) No Civil Court lower than the Court of the District Judge, or the Additional District Judge, in a suit ought to be filed by a Government servant relating to his service or matters pertaining thereto;

shall receive, entertain, or register, any suit in which Pakistan, or any of its Provinces, or any public officer as defined in clause (17) of Section 2 of the Code of Civil Procedure, 1908 (Act V of 1908) in his official capacity, is a party:

Provided that in the Karachi District--

(a) any such suit not being a suit specified in clause (c), if the value thereof does not exceed [thirty lacs rupees] may be instituted in the Court of the District Judge, the Additional District Judge, or a Civil Judge of the First Class and in the High Court where the value of the suit exceeds thirty lacs rupees];

(b) A suit as specified in clause (c) may be instituted in the Court of the District Judge or the Additional District Judge if the value thereof does not exceed [thirty lacs of rupees] and in the High Court where the value exceeds [thirty lacs rupees].

25. List of Holidays.--(1) Subject to such general orders as may be made by Government, the High Court shall prepare a list of days to be observed in each year as holidays in the Civil Courts.

(2) Every such list shall be published in the official Gazette.

(2) (a) In every such case except a suit as specified in clause (c) of sub-section (1) the plaintiff shall be referred to the Court of the Civil Judge having jurisdiction in original suits without limits as regards value and such suit shall be instituted only in the Court of such Civil Judge.

(b) In every such case as specified in clause (c) of sub-section (1) the plaintiff shall be referred to the Court of the District Judge having jurisdiction and such suit shall be instituted only in the Court of such District Judge.

(2-A) Notwithstanding anything contained in sub-Sections (1) and (2) in the Karachi District:--

(a) Any such suit not being a suit specified in clause (c) of sub-section (1), the value whereof does not exceed [five] lacs rupees may be instituted in and tried by the Court of the District Judge, the Additional District Judge or the Civil District Judge of the First Class, and where the value of the suit exceeds [five] lacs rupees, it shall be instituted in and be tried by the High Court;

(b) A suit as specified in clause (c) of sub-section (1) the value whereof does not exceed [thirty lac rupees] may be instituted and tried by the Court of the District Judge or the Additional District Judge, and where the value of the suit exceeds, [thirty lac rupees], shall be instituted in and be tried by High Court.

26. Seal of the Court. Every Court shall have and use, as the occasion may arise, a circular seal two inches in diameter bearing round its circumference the title of the Court in English and Urdu script and in the centre a device and impression of a crescent moon with the horns pointing upwards surmounted by a star, and the said seal shall be delivered to and kept in the custody of the presiding officer of the Court.

27. Power to frame rules. (1) The High Court may, with the approval of Government, frame rules for the purpose of carrying into effect the provisions of this Ordinance.

(2) In particulars, and without prejudice to the generality of the foregoing power, the High Court may, with the approval of Government, frame rules for all or any of the following purposes, namely--

(a) The supervisions of all Civil Courts and their visitation and inspection;

(b) The exercise by the District Judges of the general control vested in them over the Civil Courts in their respective District;

(d) The fees to be charged for processes issued by the Civil Court or by any officer of any such Court;

(e) The fees payable in any suit or proceeding in any Civil Court by any party in respect of the pleader of any other party; and

(f) The manner in which the proceedings of the Civil Courts shall be kept and recorded, or the manner in which the paper books for the hearing of appeals shall be prepared and the granting of copies.

28. Repeal and Saving.--(1) The enactments specified in the schedule are hereby repealed to the extent mentioned in the fourth column thereof.

(2) The Districts and Headquarters of Districts existing for the purpose of civil justice when this Ordinance comes into force shall be deemed to have been made and determined under this Ordinance.

(3) On the commencement of this Ordinance if any suit or appeal is pending in the High Court or any other Civil Court, which under this Ordinance is to be tried or heard by some other Court, such suit or appeal shall stand transferred to the Court competent under this Ordinance to try or hear the same.

(4) (i) The District Judge;

(ii) The Additional Judges, (the Joint Judges and the Assistant Judges); and

(iii) The First Class Sub-ordinate Judges, the Second Class Sub-ordinate Judges the Joint Sub-ordinate Judges and Civil Judges,

appointed under any of enactments repealed under sub-section (1) shall, on the commencement of this Ordinance, become District Judge, Additional District Judges and Civil Judges, respectively under this Ordinance, and exercise powers and jurisdiction as such.

(5) Notwithstanding the repeal of the enactments mentioned in the schedule everything done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceedings commenced, officers appointed or person authorised, jurisdiction or power conferred, rules made and order issued under any of the provisions of the said enactments shall, if not inconsistent with the provisions of this Ordinance, continue in force and so far as may be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under this Ordinance.

--------------

THE SCHEDULE

(ENACTMENTS REPEALED)

[See Section 28]

Year No. Short Title Extent of repeal

1 2 3 4

1918 VI The Punjab Courts Act, 1918 The whole

as applicable to former

Bahawalpur State

1926 VII The Sindh Courts Act, 1926 The whole

as applicable to the Except Sec. 8

District of Karachi

1926 VII The Sindh Courts Act, 1926 The whole

as applicable to the District

of Khairpur.

1931 I North-West Frontier Province The whole

Courts Regulation, 1930

1939 VII The British Balochistan Courts The whole

Regulations, 1939

1952 X The North-West Frontier The whole

Province Courts Act, 1952

1952 Destoor-ul-Amal Diwani The whole

Riasat Kalat.

1956 II The Karachi Courts Order, The whole

1956 Except.

Clause 4(2)

1959 IV The Sindh Acts (Extension to Entry 4 of the

Khairpur District) Ordinance, 1959 First Schedule

--------------

CONTEMPT OF COURT

ACT, 1976

[LXIV OF 1976]

An Act to enact a law relating to contempt of Court

[Gazette of Pakistan, Extraordinary, Part I, 30th November, 1976]

The following Act of Parliament received the assents of the President on the 28th November, 1976, and is hereby published for general information:

Whereas in view of the provisions of Article 204 of the Constitution of the Islamic Republic of Pakistan, it is necessary to enact a law relating to contempt of Court:

It is hereby enacted as follows:

1. Short title, extent and commencement. (1) This Act may be called the Contempt of Court Act, 1976.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Interpretation.--In this Act, unless there is anything repugnant in the subject or context,--

(a) "Judge" includes all officers acting in a judicial capacity in the administration of justice; and

(b) judicial proceedings in reaction to any matter shall be deemed to be pending from the time when a Court has come to be seized of the matter in a judicial capacity, till such time as the appellate, revisional or review proceedings in respect of the matter have come to an end or the period of limitation for filing such proceedings has expired without any such proceedings having been initiated.

3. Contempt of Court.--Whoever, disobeys or disregards any order, direction or process of a Court, which he is legally bound to obey; or commits a wilful breach of a valid undertaking given to a Court; or does anything which is intended to or tends to bring the authority of a Court or the administration of law into disrespect or disrepute, or to interfere with or obstruct or interrupt or prejudice the process of law or the due course of any judicial proceedings or to lower the authority of a Court or scandalize a Judge in relation to his office, or to disturb the order or decorum of a Court, is said to commit "Contempt of Court":

Provided that the following shall not amount to commission of contempt Court:--

1. fair comments about the general working of Courts made in good faith in the public interest and in temperate language;

2. fair comments on the merits of a decision of a Court made, after the pendency of the proceeding in a case, in good faith and in temperate language without impugning the integrity or impartiality of the Judge;

3. subject to prohibition of publication under Section 9 or under any other law for the time being in force, the publication of a fair and substantially accurate report of any judicial proceedings;

4. the publication of any matter, amounting to a contempt of Court by reason of its being published during the pendency of some judicial proceedings, by a person who had no reasonable ground for believing that such judicial proceedings were pending at the time of the publication of the matter;

5. the distribution of a publication, containing matter amounting to contempt of Court, by a person who had no reasonable ground for believing that the publication contained, or was likely to contain, any such matter;

6. a true averment made in good faith and in temperate language for initiation of action or in the course of disciplinary proceedings against a Judge, before the Chief Justice of a High Court, the Chief Justice of Pakistan, the Supreme Judicial Council, the Federal Government or a Provincial Government;

7. a plea of truth taken up as a defence in terms of clause (vi) in proceedings for contempt of Court arising from an earlier averment unless it is mendaciously false;

8. relevant observations made in a judicial capacity, such as, those by a higher Court on an appeal or revision or application for transfer of a case, or by a Court in judicial proceedings against a Judge;

9. remarks made in an administrative capacity by any authority in the course of official business, including those in connection with a disciplinary inquiry or in an inspection note or a character roll or confidential report; and

10. a true statement made in good faith respecting the conduct of a Judge in a matter not connected with the performance of his judicial functions.

4. Punishment.--Whoever, commits contempt of Court or abets the commission of contempt of Court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both:

Provided that, on being satisfied that the accused, whether after defending himself or without offering any defence, has purged himself of the contempt of Court, the Court may discharge the accused or remit his sentence.

5. Jurisdiction.--(1) A High Court or the Supreme Court, on its own information or an information laid before it by any person, may take cognizance of an alleged commission of contempt of the Court.

(2) The Supreme Court shall have the power to take cognizance of any contempt of itself or any Judge of the Supreme Court alleged to have been committed anywhere and a High Court shall have the power to take cognizance of any contempt not itself or of any Judge thereof, or of any other High Court or of any Judge thereof alleged to have been committed within the territorial limits of its jurisdiction.

(3) A High Court shall exercise the same jurisdiction in respect of contempts of Courts subordinate to it or to any other High Court as it exercises in respect of contempts of itself.

(4) Nothing contained herein shall affect the power of any Court to punish any offence of contempt under the Pakistan Penal Code (Act XLV of 1860).

6. Bars to taking cognizance.--(1) No High Court shall take cognizance under this Act of a contempt alleged to have been committed in respect of a Court subordinate to it where the said contempt is an offence punishable under the Pakistan Penal Code (Act XLV of 1860).

(2) No Court shall take cognizance, as of a contempt of Court, or any averment made before the Supreme Judicial Council in respect of which the Supreme Judicial Council has given a finding that the averment fulfilled the requirements of clause (vi) of the proviso to Section 3.

(3) No Court shall take cognizance of a contempt of Court arising from an averment made in due course in appellate, revisional or review proceedings, till such proceedings have been finalized and no further appeal, revision or review lies.

(4) No Court shall take cognizance of a contempt of Court arising from an averment made before the Chief Justice of a High Court, the Chief Justice of Pakistan, the Supreme Judicial Council, the Federal Government or a Provincial Government,--

(a) until the petition to which the averment relates has been finally disposed of; or

(b) otherwise than under the orders of the Chief Justice of the High Court, the Chief Justice of Pakistan, the Supreme Judicial Council, the Federal Government or the Provincial Government, as the case may be.

7. Procedure for Supreme Court and High Court.--(1) Whenever, it appears to the Supreme Court or a High Court that there is sufficient ground for believing that a person has committed contempt of Court and that it is necessary in the interest of effective administration of justice to proceed against him, it shall make an order in writing to that effect setting forth the substance of the charge against the accused, and, unless he is present in Court, shall require by means of an appropriate process that he appears or be brought before it to answer the charge.

(2) The Court shall inform the accused of the ground on which he is charged with contempt of Court and call upon him to show-cause why he should not be punished.

(3) The Court, after holding such inquiry and taking such evidence as it deems necessary or is produced by the accused in his own defence and after hearing the accused and such other person as it deems fit, shall give a decision in the case:

Provided that, in any such proceedings before the Supreme Court or High Court, any finding given in its own proceedings by the Supreme Judicial Council about the nature of an averment made before it, that is relevant to the requirement of clause (vi) of the provision to Section 3, shall be conclusive evidence of the nature of such averment.

(4) If contempt of Court is committed in the view or presence of the Court, the Court may cause the offender to be detained in custody and, at any time before rising of the Court on the same day, may proceed against him in the manner provided for in the preceding sub-sections.

Explanation.--Notwithstanding anything contained in clause (x) of the proviso to Section 3, in any proceeding under this sub-section, it shall not be open to the offender to take up a plea of truth of the statement for making which he is proceeded against.

(5) If any case referred to in sub-section (4) cannot be finally disposed of on the same day, the Court shall order the release of the offender from custody either on bail or on his own bond.

8. Transfer of proceedings for reasons personal to the Judge.--(1) Where, in a case in which a Judge has made an order under sub-section (1) of Section 7, not being a case referred to in sub-section (4) of that section, the alleged contempt of Court involves scandalization personal to such Judge and is not scandalization of the Court a whole or of all the Judges of the Court, the Judge shall forward the record of the case and such comments, if any, as he deems fit to make, to the Chief Justice of the Court.

(2) On receipt of the papers mentioned in sub-section (1), the Chief Justice, after inviting, if he deems fit, further comments, if any, from the Judge first taking cognizance of the offence and making such inquiry in such manner as he deems fit, shall pass orders specifying which one of the following hear the case--

(a) another Judge, which, if the Chief Justice so orders, may be the Chief Justice;

(b) a Bench of Judges set up by the Chief Justice, of which the Judge first taking cognizance of the offence is not a member;

and the case shall then be heard accordingly.

(3) If, at any stage of a case in which the Chief Justice has passed an order under clause (a) of sub-section (2), the Chief Justice is of opinion that, in the interests of justice, the case shall be transferred to another Judge, he may pass an order accordingly, and the case shall then be heard by such other Judge.

(4) When, in pursuance of an order under sub-section (2), the Judge first taking cognizance of the case is not hearing the case,--

(a) the other Judge or, as the case may be, the Bench of Judges hearing the case may invite or receive any further comments from the Judge first taking cognizance of the offence and shall call and hear any witnesses whom such Judge desires to be examined; and

(b) all documents furnished by the Judge first taking cognizance of the offence shall be treated as evidence in the case and such Judge shall not be required to appear to give evidence.

(5) When in a case the first cognizance of the offence has been taken by the Chief Justice, the functions of the Chief Justice under sub-sections (1), (2) and (3) shall be performed by a Bench of Judges composed of the two next most senior Judges available.

9. Proceedings in camera and prohibition of publication of proceedings.--In case of proceedings for transfer of a hearing under Section 8 or of any proceedings in which truth is pleaded as a defence in terms of clause (vi) of the provision to Section 3, the Court, if it deems fit in the public interest, may hear the case or any part thereof in camera and prohibit the publication of the proceedings of the case or any part thereof.

10. Appeal and limitation for appeal.--(1) From an original order passed by the High Court under this Act an appeal shall lie, if the order is passed by a Single Judge, to a Division Bench, and if it is passed by a Bench of two or more Judges, to the Supreme Court.

(2) An appeal shall lie to the Supreme Court from an order passed by a Division Bench of a High Court in appeal against an order passed by a Single Judge.

[(2A) An intra-Court appeal shall lie against the issuance of a show-cause notice or an original order including an interim order passed by a Bench of the Supreme Court in any case, including a pending case, to a larger Bench consisting of all the remaining available Judges of the Court within the country:

Provided that in the event the impugned show-cause notice or order has been passed by half or more of the Judges or the Court, the matter shall, on the application of an aggrieved person, be put up for re-appraisal before the full Court:

Provided further that the operation of the impugned show-cause notice or order shall remain suspended until the final disposal of the matter in the manner hereinbefore, provided"; and]

[Repeated:

Provided further that the operation of the impugned show-cause notice or order shall remain suspended until the final disposal of the matter in the manner hereinbefore provided".]

(3) An appeal under sub-section (1) or sub-section (2) shall be filed--

(a) in a case of an appeal to a Bench of the High Court, within thirty days; and

(b) in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against.

[(4) An intra-Court appeal or application for re-appraisal shall be filed within thirty days from the date of show-cause notice or the order, as the case may be.]

11. Power to make rules.--The Supreme Court or, as the case may be, a High Court, may make rules, not inconsistent with the provisions of this Act, providing for any matter relating to its procedure.

12. Repeal.--The Contempt of Courts Act, 1926 (XII of 1926) is hereby repealed.

------------------

THE CRIMINAL LAW (SPECIAL PROVISIONS) ORDINANCE, 1968

[W.P. ORDINANCE II OF 1968]

[16th January, 1968]

An Ordinance to make special provisions for trial of certain offences in certain areas of West Pakistan

Preamble. Whereas it is necessary to make special provisions for trial of certain offences in certain areas of West Pakistan to meet the special requirements of those areas;

And whereas the Provincial Assembly of West Pakistan is not in session and the Governor of West Pakistan is 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. Short title and extent. (1) This Ordinance may be called the Criminal Law (Special Provisions) Ordinance, 1968.

(2) It extends to the areas specified in the Schedule.

[(3) Government may, be 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 area, shall be deemed to have been repealed].

2. Definitions. (1) In this Ordinance, unless there is anything repugnant in the subject or context:

(a) "Deputy Commissioner" includes any officer exercising any powers or performing any functions under this Ordinance;

(b) 3["Deputy Commissioner"] includes any officer exercising or performing any power or function of a 3[Deputy Commissioner] under this Ordinance;

(c) "Sessions Judge" means a Judge of a Court of Sessions appointed under Section 9 of the Code of Criminal Procedure, 1898 (Act V of 1898), and includes an Additional Sessions Judge;

(d) "Party" means accused and the persons or person primarily interested in the prosecution of the case including the prosecutor, if any;

(e) "Scheduled offence" means an offence made punishable by the Pakistan Penal Code (XLV of 1860) [.....]

(f) "Tribunal" means a Tribunal constituted under Section 6.

(2) Words and expressions used in this Ordinance but not herein defined shall have the meanings assigned to them in the Pakistan Penal Code (XLV of 1860) and the Code of Criminal Procedure, 1898 (V of 1898).

3. Trial of scheduled offences. (1) Notwithstanding anything contained in any other law for the time being in force [but subject to the provisions of Section 5], no scheduled offence shall be tried except in the manner provided by this Ordinance.

(2) Except as otherwise provided in this Ordinance, the provisions of the Evidence Act, 1872 (I of 1872), and the Code of Criminal Procedure, 1898 (V of 1898), shall not apply to any proceedings under this Ordinance.

4. Cognizance of scheduled offences. (1) The [Deputy Commissioner] [if so empowered under Section 22-A, a Tehsildar or a Naib-Tehsildar] shall have [.....] jurisdiction to take cognizance of a scheduled offence committed within the district to which he is so appointed for the time being; and such cognizance may be taken by him:

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a report in writing of such facts made by a police office; or

(c) upon information received from any person other than a police officer or upon his own knowledge or suspicion that such offence has been committed:

Provided that cognizance of an offence under Section 14 shall not be take except upon a complaint made by the husband of the woman, or in his absence by some person who had the care of such woman on his behalf at the time when such offence was committed:

[Provided further that the [Deputy Commissioner] or Political Agent may Direct an inquiry or investigation to be made by such other person as he thinks fit for the purpose of ascertaining truth or falsehood of a complaint and such other person shall for the purpose of the said inquiry or investigation exercise all the powers conferred by the Code of Criminal Procedure, 1898 on an Officer Incharge of the Police Station:

Provided also that if the result of inquiry/investigation indicates that no offence has been committed the [Deputy Commissioner] or Political Agent, may instead of making reference to Tribunal dismiss the complaint].

(2) When the [Deputy Commissioner] takes cognizance of a scheduled offence under clause (c) of sub-section (1), he shall, before constituting a Tribunal under Section 5, inform the accused that he is entitled to have the case decided by another 13[Deputy Commissioner], and if the accused, or any of the accused, if there be more than one, objects to the case being decided by the 13[Deputy Commissioner] who has so taken cognizance of the offence, the matter shall be reported to the Commissioner, who shall transfer the case to another 13[Deputy Commissioner] and the 13[Deputy Commissioner] to whom the case is so transferred shall proceed in the matter provided in Section 5.

(3) Where a person is accused of more offences than one and any such offence is not a scheduled offence, the 13[Deputy Commissioner] shall proceed in accordance with the provisions of this Ordinance only in respect of the scheduled offence or offences.

(4) Where it appears to any magistrate, Court or other authority enquiring into or trying any offence that such offence is a scheduled offence, such magistrate, Court or authority shall stay further proceedings in respect of such offence and refer it to the 13[Deputy Commissioner] for proceeding in accordance with the provisions of this Ordinance.

5. Question of guilt or innocence to be referred to Tribunal. The 13[Deputy Commissioner] [or if so empowered under Section 22-A, a Tehsildar or Naib-Tehsildar] taking cognizance of a scheduled offence shall constitute a Tribunal in accordance with Section 6 and refer the question of the guilt or innocence of the person or persons accused of such offence to the decision of such Tribunal [:]

[Provided that if a scheduled offence is punishable with death the 13[Deputy Commissioner] may, if he deems fit, entrust the case to a criminal Court having jurisdiction therein to deal with the case in accordance with the provisions of law applicable thereto].

6. Constitution of Tribunal. (1) A Tribunal constituted for the purpose of Section 5 shall consist of a Government official, not below the rank of Naib-Tehsildar who shall be its President, and four other members, all to be appointed by the 13[Deputy Commissioner] 14[or if so empowered under Section 22-A, a Tehsildar or Naib-Tehsildar].

(2) In appointing a person as a member, other than the President, the 13[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 by the President except after giving the parties concerned an opportunity of being heard and considering objections, if any, to the appointment of such person.

7. Reference of question to a new Tribunal in certain cases. (1) Where a Tribunal declines or fails to give a finding on a question referred to it under Section 5 or misconducts itself, or where, by reason of death or illness or absence from the country of any member or for any other sufficient cause, the Tribunal is, in the opinion of the 13[Deputy Commissioner], unable to perform its functions the 13[Deputy Commissioner] shall, unless he proceeds in accordance with the provisions of sub-section (2), by order in writing stating the reasons therefore, constitute another Tribunal in accordance with Section 6 and refer the question to the Tribunal so constituted.

(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 6.

8. Quorum. The Tribunal shall not conduct any proceeding unless the President and at least [three] other members are present.

9. Procedure before the Tribunal. (1) For the purpose of coming to a finding on a question referred to it, the Tribunal shall give opportunity to the parties to appear before it and proceed to hear the complainant, if any and record such evidence as may be adduced in respect of the accusation or on behalf of the accused or as may be called for by the Tribunal:

Provided that the Tribunal may in its discretion 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 123 of the Evidence Act, 1872 (I of 1872) shall apply to any proceeding before a Tribunal as they apply to proceedings before a Judge or a Magistrate.

(2) The Tribunal shall give the parties an opportunity of cross-examining the witnesses deposing against them.

(3) The Tribunal may administer oath to a witness in such form or manner, not inconsistent with the religion of the witness, as it deems fit.

10. Tribunal to have certain powers of a Court. For the purpose of the performance of its functions under this Ordinance, the Tribunal shall have the same powers as are vested in a Court under the Code of Criminal Procedure, 1898 (V of 1898), in respect of enforcing the attendance of any witness or the production of any document or other thing.

11. Action upon the report of the Tribunal. (1) The finding of the Tribunal on a question referred to it under Section 5 shall be submitted to the [Deputy Commissioner] in the form of a report containing the reasons for such finding.

(2) Upon receipt of a report of the Tribunal, the 16[Deputy Commissioner] may, if the report does not give a finding on the question 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 question to the Tribunal or refer the question to second Tribunal constituted in accordance with S. 6.

(3) Where the Tribunal unanimously or by a majority of four-fifths reports a finding of guilty, the 16[Deputy Commissioner] may if he does not proceed under sub-section (2), either convict and pass sentence on, or acquit, the person or persons so found guilty.

(4) Where the Tribunal unanimously or by a majority of four-fifths reports a finding of not guilty, the [Deputy Commissioner] shall, if he does not proceed under sub-section (2), acquit the person or persons so found not guilty.

(5) Where the Tribunal reports a finding either of guilty or of not guilty by a majority of less than four-fifths, the 18[Deputy Commissioner] shall, if he does not proceed under sub-section (2), acquit the accused person or persons.

(6) Where the 18[Deputy Commissioner] remands or refers under sub-section (2) a question, he shall--

(a) if the Tribunal, on such remand or reference, unanimously or by a majority of not less than four-fifths reports a finding of guilty, convict and pass sentence on the accused; and

(b) in any other case, acquit the accused.

(7) The [Assistant Commissioner] shall, before passing any order under this section, give the accused an opportunity of being heard and shall record reasons for every such order.

(8) The order of the 18[Deputy Commissioner] under this section, either convicting or acquitting any accused, shall be announced in the presence of the accused and a copy thereof shall be furnished to the parties free of cost.

12. Punishment. Where the 18[Deputy Commissioner] convicts a person under S. 11--

(a) he shall pass upon him any sentence of fine, whatever may be the punishment provided for the offence in the Pakistan Penal Code 1860 (XLV of 1860);

(b) he may, in lieu of, or in addition to, such fine--

(i) pass a sentence of imprisonment of either description for a term which may extend to seven years; or

(ii) in respect of any offence punishable with [transportation or] imprisonment of either description not exceeding five years;

(iii) subject to confirmation by the [Commissioner,] pass a sentence of 19[transportation] imprisonment of either description for a term exceeding seven years but not exceeding fourteen years; or

(iv) subject to the provisions of Section 393 of the Code of Criminal Procedure, 1898 (V of 1898), pass a sentence of whipping, or of whipping and imprisonment of either description not exceeding five years:

Provided that no sentence of whipping shall be passed for an offence under sections 121, 121-A, 122, 123, 124-A, 125, 126, 127; 144, 150, 216, 216-A, 400, 401, 402, 494 or 495 of the Pakistan Penal Code (XLV of 1860):

Provided further that no sentence of 19[transportation or] imprisonment shall be passed for an offence for a term exceeding that provided for that offence under the Pakistan Penal Code 1860 (XLV of 1860).

BALUCHISTAN AMENDMENT.

"(12-A) Period of detention to be considered while awarding sentence of imprisonment.--Where a Court decides to pass a sentence of imprisonment on an accused for an offence, it shall take into consideration the period if any, during which such accused was detained in custody for such offence."

13. Compensation. (1) Where the [Deputy Commissioner] passes any sentence of fine for an offence, he may, at the time of passing the sentence, order the whole or any part of the fine recovered to be applied in payment of compensation for any loss or injury, whether of person or of property, caused to any person by the offence.

(2) Where a person has received any such compensation as a full discharge of the civil liability of the accused to such person on account of the loss or injury mentioned in sub-section (1) no civil Court or any authority performing the functions of a civil Court shall take cognizance of a claim to compensation based on such loss or injury.

(3) Where a person entitled to receive compensation under sub-section (1) dies before receiving it, the amount of the compensation may be paid to the heirs of such person to be determined by the 22[Deputy Commissioner] in accordance with the personal law of the deceased.

14. Women punishable for adultery. A married woman who, knowingly and by her own consent has sexual intercourse with any man who is not her husband shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

15. Scheduled offences to be cognizable. (1) All scheduled offences shall be cognizable.

(2) Any private person may arrest or cause to be arrested any person who is reasonably suspected of being concerned in any scheduled offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of having been so concerned and, without unnecessary delay, make over or cause to be made over the person so arrested to a police officer or, in the absence of a police officer, take such person so arrested or cause him to be taken in custody to the nearest police station or State Levies Force [who shall have the same powers in respect of investigation of a scheduled offence as the Police have under the Criminal Procedure Code, 1898].

16. Bail. (1) A scheduled offence shall be bailable or non-bailable according as the same is bailable or non-bailable under the Code of Criminal Procedure, 1898 (V of 1898), and the [Deputy Commissioner] shall have the same powers of granting bail to a person or persons accused of an offence as a Court has under that Code.

(2) The President of a Tribunal may, in regard to a case referred to the Tribunal for decision under Section 5, exercise the powers of the 24[Deputy Commissioner] under this section.

[(3)

(a)

(b) ]

17. Security for keeping the peace. (1) Where the [Deputy Commissioner]--

(a) is satisfied that any person within his [jurisdiction] has either a blood feud, or occasioned cause of quarrel likely to lead to bloodshed; or

(b) is of opinion that it is necessary for the purpose of preventing murder, or culpable homicide not amounting to murder, to require a person within his 27[jurisdiction] to execute a bond under this section for keeping the peace, the [Deputy Commissioner] may order the person to execute a bond with or without sureties (not exceeding two in number), for his good behaviour or for keeping the peace, as the case may be, during such period, not exceeding three years, as the 28[Deputy Commissioner] may fix.

(2) The 28[Deputy Commissioner] may make an order under sub-section (1)--

(a) on the recommendation of a Tribunal; or

(b) after enquiry as provided in Section 19.

(3) Pending the completion of an enquiry for the purposes of sub-section (2), the 28[Deputy Commissioner] may, if he considers that immediate measures are necessary for preventing any offence referred to in sub-section (1), direct a person in respect of whom the enquiry is to be held, to execute a bond, with or without sureties (not exceeding two in number), for keeping the peace or maintaining good behaviour for a period not exceeding one month, and detain him in custody till such bond in executed.

(4) Where a person has been convicted in accordance with the the finding of a Tribunal of an offence punishable under Section 302, Section 304, Section 307 or Section 308 of the Pakistan Penal Code, 1860 (XLV of 1860), the [Assistant Commissioner], at the time of passing the sentence, or the Commissioner, at the time or deciding the appeal, may make an order under sub-section (1) with respect to that person.

(5) Where the [Deputy Commissioner] makes an order under sub-section (1) on the recommendation of a Tribunal, he shall record his reasons for acting on the recommendation.

(6) Where the Deputy Commissioner or the 28[Deputy Commissioner] is of opinion that sufficient grounds exist for making an order under sub-section (1), he may, either in lieu of, or in addition to, such order, by order in writing, direct that the person concerned shall notify his residence and change of residence in the manner prescribed by Section 565 of the Code of Criminal Procedure, 1898 (V of 1898), during such term, not exceeding three years, as may be specified in the order.

18. Power of demanding security from male adult members of families. Where a blood-feud or other cause of quarrel likely to lead to bloodshed exists, or in the opinion of the 28[Deputy Commissioner], is likely to arise between two families or factions, the 28[Deputy Commissioner] may on the recommendation of a Tribunal or after enquiry as provided in Section 19, order all or any of the male adult members of both the families or factions of either family or faction to execute a bond, with or without sureties, for their good behaviour or for keeping the peace, as the case may be, during such period, not exceeding three years, as he may fix.

19. Procedure for enquiry. (1) An enquiry for the purposes of Section 17 or Section 18 shall be conducted in the presence of the person or persons required to furnish a bond and shall provide an adequate opportunity to such person or persons--

(a) of showing cause why a bond shall not be required;

(b) of cross-examining any witnesses not called for by himself or themselves who may testify to the necessity or otherwise for the execution of a bond;

Provided that the [Deputy Commissioner] may, in his discretion, refuse to hear any evidence which he feels is being tendered for the purposes of 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 proceedings under this section as the apply to proceedings before a Judge or a Magistrate.

(2) The 30[Deputy Commissioner] shall record his order under this section with the reason for making it.

20. Breach of bond. (1) A bone executed under Section 17, shall be liable to be forfeited, if the person bound thereby to be good behaviour or to keep the peace, as the case may be, commits or attempts to commit, or abets the commission of, any offence punishable Chapter XVI of the Pakistan Penal Code, 1860 (XLV of 1860).

(2) A bond executed under Section 18 shall be liable to be forfeited, if the person bound thereby to be good behaviour or to keep the peace as the case may be, commits or attempts to commit, or abets the commission of, any offence punishable with imprisonment in respect of any member of the opposite family or faction to which the bond related.

(3) If, while a bond executed under Section 18 is in force, the life of any member of either family or faction is unlawfully taken or attempted, the [Assistant Commissioner] may declare the bond of all members of the other family or faction alongwith their sureties (if any) to be forfeited unless it is shown to the satisfaction that the homicide or attempt was not committed by or in consequence of the abetment of any member of that family or faction.

21. Imprisonment in default of security. (1) Where a person ordered to give security under Section 17 or 18, does not give security on or before the date on which the period for which the security is to be given commences, he shall be committed to prison, or, if he already in prison, be detained in prison until that period expires, or until within that period he furnishes the required security.

(2) Imprisonment for failure to give security under Section 17 or Section 18 may be rigrous or simple, as the officer requiring the security directs in each case.

22. Collective fine. (1) Where from the circumstances of any case, there appears to be good reason to believe that the inhabitants of any village, or part of a village, or any of them have--

(a) abetted or are concerned in the commission of any scheduled offence; or

(b) failed to render, when called upon by the 31[Deputy Commissioner] or any public servant, assistance in their power to discover the offender concerned in the commission of any scheduled offence; or

the 31[Deputy Commissioner] may, with the previous sanction of Government, impose any reasonable fine on the male adult inhabitants of such village or part of a village, or any of them as a whole, as the case may be, after holding a summary enquiry and affording them an opportunity of showing cause against the proposed action.

(2) The 31[Deputy Commissioner] after such enquiry as he may deem necessary, shall apportion the fine imposed under sub-section (1) among the inhabitants of the village or part of the village who are liable collectively to pay it and such apportionment shall be made according to his judgment of the respective means of such inhabitants.

(3) A fine imposed under this section shall, in default of payment, be recoverable as if it were an arrear of hand-revenue due from the inhabitants of the village or part thereof, upon whom the fine is imposed.

[22-A. (1) (a) The Deputy Commissioner may by a general or special order empower a Tehsildar or a Naib-Tehsildar to take cognizance of such scheduled offences under clause (a) or (b) of Section 4 which they are competent to try.

(b) The Provincial Government may by a special or general order empower any Tehsildar or Naib-Tehsildar to take cognizance of such scheduled offences under clause (c) of Section 4, which they are competent to try.

Explanation. Power to take cognizance referred to in this sub-section shall include the power to constitute tribunal under Section 6 and to grant bail.

(2) The Tehsildar or the Naib-Tehsildar who has been empowered under sub-section (1) to take cognizance of offences, shall himself try the case as President of the Tribunal and may award any sentence which he is competent to award.

(3) A Tehsildar or Naib-Tehsildar taking cognizance of an offence under this Section may himself act as President of the Tribunal constituted by him under Section 6.

(4) The provisions of Section 11 shall not apply to the order or sentence made or passed by a Tehsildar or Naib-Tehsildar under this section].

23. Appeal. (1) Any party aggrieved by any decision given, sentence passed or order made, by the [Deputy Commissioner] under this Ordinance may, within thirty days of such decision, sentence or order, prefer an appeal to the [Commissioner].

Explanation. In computing the period of thirty days mentioned in this sub-section, the day on which the decision sentence or order sought to be appealed against was given, passed or made, and the time requisite for obtaining a copy thereof, shall be excluded.

(2) The [Commissioner] shall not confirm, modify, alter or set aside any decision, sentence or order appealed against except after giving the parties an opportunity of being heard.

(3) The 35[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 Criminal Procedure, 1898 (V of 1898), and may also enhance any sentence:

Provided that no sentence shall be passed by the Commissioner in such appeal which the Deputy Commissioner could not have passed under this Ordinance.

(4) The decision of the Commissioner on an appeal under this section shall be final.

[(5) If the decision, sentence or order referred to in sub-section (1) has been passed or made by a Tehsildar or Naib-Tehsildar in exercise of powers under Section 22-A, the appeal shall lie to the Assistant Commissioner.]

BALUCHISTAN AMENDMENT.

The word "Commissioner" wherever occurring shall be substituted by the words "Court of Sessions."

24. Revisions. (1) Government may, at any stage, call for and examine the record of any proceedings pending before, or disposed of by, a 36[Commissioner], [Deputy Commissioner] or Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of any decision, sentence or order given, passed cr made, or as to the regularity of any such proceedings and may when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement that he be released on bail or on own bond pending the examination of the record:

Provided that nothing herein contained shall be deemed to authorize [Government] to vary or set aside a finding of a Tribunal on a question of fact where such finding has been accepted by the 38[Deputy 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) 39[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:

Provided that no sentence shall be passed by [Government] in the exercise of its powers under this sub-section which the 38[Deputy Commissioner] could not have passed under this Ordinance.

BALUCHISTAN AMENDMENT.

For the words "Government" and "Commissioner" wherever occurring shall be substituted by the words "High Court" and "Court of Sessions", respectively.40

25. Execution sentence. Where a sentence of fine passed under this Ordinance does not provide for imprisonment in default of payment of the fine, the amount of the fine shall be recoverable as arrears of land revenue, and any other sentence including a sentence of imprisonment in default of payment of fine, shall be executed in the manner provided for the execution of such sentence passed by a Court under the Code of Criminal Procedure, 1898 (V of 1898).

26. Suspension remission etc., of sentences. [Government] shall have the same powers of suspension, remission and commutation in respect of sentences passed under this Ordinance as it has under sections 401 and 402 of the Code of Criminal Procedure, 1898 (V of 1898), in respect of sentences passed under that Code.

BALUCHISTAN AMENDMENT.

For the word "Government" the words "High Court" shall be substituted w.e.f. 20.3.1989.

27. Appearance of legal practitioners. In proceedings under this Ordinance before the Tribunal, the [Commissioner], the [Deputy Commissioner] and 41[Government], the parties shall be entitled to be represented by a legal practitioner of their choice.

BALUCHISTAN AMENDMENT.

For the words "Commissioner" and "Government" the words "Court of Sessions" and "High Court" shall be substituted.

28. Jurisdiction of Courts barred. Except as otherwise provided in this Ordinance, no proceedings under this Ordinance and no decision given, sentence passed or order made in any such proceeding shall be called in question in any Court or before any authority.

29. Indemnity. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under or in pursuance of this Ordinance or any rule or order made thereunder.

30. Delegation. The Deputy Commissioner may authorize any officer not below the rank of an Extra Assistant Commissioner to exercise or perform all or any of his powers or functions under this Ordinance.

31. Power to make rules. (1) Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

(2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:

(a) the offences which may be compounded;

(b) the persons by whom and the manner in which an offence may be compounded;

(d) the maintenance of record of the Tribunal and those of the Deputy Commissioner and the Commissioner; and

(e) such other matters as Government may consider necessary for carrying into effect the provisions of this Ordinance.

32. Pending proceedings. Nothing in this, Ordinance shall affect the continuance of any proceedings by or before any Magistrate, Court or other authority in respect of any offence taken cognizance of before the commencement of this Ordinance.

[Provided that all cases and proceedings under the Quetta and Kalat (Civil and Criminal Law) Ordinance, 1965 (West Pakistan Ordinance, No. III of 1965), pending immediately before the coming into force of the Baluchistan (Amendment of Laws) Ordinance, 1972 (Baluchistan Ordinance No. VI of 1972) shall stand transferred to the corresponding authorities under this Ordinance as constituted from the coming into force of the Baluchistan (Amendment of Laws) Ordinance, 1972 (Baluchistan Ordinance No. VI of 1972) and shall be disposed of in the manner as if cognizance thereof was taken under this Ordinance.]

33. Repeal. The Quetta and Kalat (Civil and Criminal Law) Ordinance, 1965 (W.P. Ordinance No. III of 1965), in so far as it relates to the trial of offences and taking of security and preventive proceedings, is hereby repealed.

SCHEDULE

[See Section 1(2)]

1. The Divisions of Quetta and Kalat except the Tribal Areas.

2. The District of Lasbela.

3. 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).

4. 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).

5. 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).

6. The former excluded Areas of Upper Tanawal and the Baluch 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).

7. [* * * * * *]

-----------------

DIYAT, ARSH AND DAMAN

FUND RULES, 2007

[Gazette of Pakistan, Extraordinary, Part-II, 14th November, 2007]

S.R.O. 1110(I)/2007, dated 13.11.2007.--In exercise of the powers conferred by sub-section (2) of Section 338G of the Pakistan Penal Code (Act XLV of 1860), the Federal Government is pleased to make the following rules:

1. Short title and commencement.--(1) These rules may be called the Diyat, Arsh and Daman Fund Rules, 2007.

(2) They shall come into force at once.

2. Definitions.--(1) In these rules, unless there is anything repugnant in the subject or context:--

(a) "Administrative Committee" means the committee constituted under Rule 4;

(b) "convict" means a person who is confined in jail for non-payment of diyat, arsh or daman;

(d) "soft loan" means a loan with a below-market rate of interest as may be determined by the State Bank from time to time and includes other concessions such as long re-payment periods.

(2) The words and expressions used but not defined in these rules shall have the same meaning as assigned to them in Chapter XVI of the Pakistan Penal Code (Act XLV of 1860).

3. Establishment of Fund.--(1) The Federal Government shall, by notification in the official Gazette, establish a fund to be called the Diyat, Arsh and Daman Fund.

(2) The Fund shall have the following sources--

(a) annual grants from the Federal Government and Provincial Government;

(b) aid, assistance and contribution from local, national and international agencies; and

(3) The Fund in full or a part thereof except initial Fund to meet the immediate requirement may be invested in any Government savings scheme and proceeds thereof shall be utilized for the purposes of the Fund.

(4) The Fund shall be operated through an account to be opened in any scheduled bank as may be authorised by the Administration Committee.

(5) The amount credited to the Fund shall be non-lapsable and shall be exempted from tax.

4. Administrative Committee for management etc., of the Fund.--(1) For the purposes of management, control and disbursement of the Fund, there shall be an Administrative Committee consisting of the following:

(a) Minister for Law, Justice and Human Chairman

Rights.

(b) Secretary, Ministry of Law, Justice, Member

and Human Rights.

(d) Provincial Home Secretaries. Members

(e) Joint Secretary (Human Rights Wing), Secretary

Ministry of Law, Justice and Human Rights.

(2) No act or proceedings of the Administrative Committee shall be invalid merely on the ground of existence of any vacancy or defect in the constitution of the Administrative Committee.

(3) The meeting of the Administrative Committee shall be presided over by the Chairman or in his absence, by the Secretary, Ministry of Law, Justice and Human Rights.

(4) The Administrative Committee shall hold its meeting at least once in three months.

5. Delegation of powers.--The Administrative Committee may, subject to such conditions and limitations as it deems fit, delegate all or any of its powers, to one or more members of the Administrative Committee for the management, control or disbursement of the Fund.

6. Conditions for providing soft loan.--(1) Subject to sub-rule (2), a convict may be given soft loan if,--

(a) he has been sentenced with imprisonment including payment of diyat, daman or arsh and is languishing in jail for non-payment thereof; or

(b) he is languishing in jail only on account of non-payment of diyat, arsh or daman as no substantive imprisonment was awarded to him.

(2) The soft loan shall not given to a convict unless he,--

(a) furnishes surety bond for return of soft loan within the period specified by the Administrative Committee, which may be extended from time to time keeping in view the financial position of the convict; and

(b) undertakes for doing job if offered by any organization or individual for realizing the soft loan and paying remaining amount of diyat, arsh or daman where applicable.

7. Scheme for providing soft loan.--(1) The soft loan to a convict shall be provided as under,--

(a) whole amount of diyat, arsh or daman where the amount does not exceed two hundred thousand rupees;

(b) one half of the amount of diyat, arsh or daman where the amount exceeds two hundred thousand rupees but does not exceed five hundred thousand rupees; and

(2) For the purpose of sub rule (1), the Federal Government and if so desired by the Federal Government, the State Bank, shall issue instructions to the scheduled banks to advance soft loans to convicts for the purposes of these rules.

8. Grant out of Fund.--(1) The grant out of the Fund may be provided to a convict who is incapacitate due to physical or mental illness or otherwise.

(2) The Administrative Committee shall have the power to provide grant to a convict under sub-rule (1).

9. Failure to return soft loan.--(1) Where a convict fails to comply with any or all of the conditions of his surety bond or undertaking including return of soft loan, he may again he kept in jail:

Provided that the convict may be released when any job is available or any individual or organization stands surety for return of soft loan including payment of outstanding diyat, arsh or daman.

(2) The soft loan may, in addition to the provisions of these rules, be recoverable as arrears of land revenue.

10. Sub-committees for facilitating jobs to convicts.--The Administrative Committee may constitute sub-committees for facilitating and engaging the convict in different jobs with the non-governmental organizations and individuals or work places within jail or attached to jail, if any, for return of the soft loan or payment or amount of diyat, arsh or daman.

11. Release of convict on parole.--Where a convict has served out the substantive sentence of imprisonment and makes part payment of diyat, arsh of daman, he may be released on parole on such terms and conditions as may be determined by the Court for payment of remaining amount. The Court may pass an order for detention of the convict if he fails to fulfill the terms and conditions for release on parole.

12. Audit of accounts of the Fund.--The accounts of the Fund shall be audited by the Auditor General of Pakistan.

-------------

THE

DRUGS (APPELLATE BOARD)

RULES, 1976

S.R.O. 595(1)/76, dated 21st June, 1976. In exercise of the powers conferred by Section 43 of the Drugs Act, 1976 (XXXI of 1976), the Federal Government is pleased to make the following rules, the same having been previously published as required by sub-section (3) of the said section, namely:-

1. Short title and commencement. (1) These rules may be called the Drugs (Appellate Board) Rules, 1976.

(2) They shall come into force at once.

2. The Appellate Board. [(3) The Appellate Board shall consist of the following members, namely:--

(a) Secretary, Health Division, Government of Pakistan, who shall be its ex-officio Chairman.

(b) Secretary, Health Department, Government of the Punjab, ex-officio, ["or his representative, not below the rank of an officer in BPS-19, who is an expert in medicine, pharmacology or pharmacy].

(c) Secretary, Health Department, Government of Sindh, ex-officio, ["or his representative, not below the rank of an officer in BPS-19, who is an expert in medicine, pharmacology or pharmacy].

(d) Secretary, Health Department, Government of Balochistan ex-officio, ["ex-officio", the words, commas, letters and figure "or his representative, not below the rank of an officer in BPS 19, who is an expert in medicine, pharmacology or pharmacy"].

(e) Secretary, Health Department, Government of the North-West Frontier Province, ex-officio, ["ex-officio", the words, commas, letters and figure "or his representative, not below the rank of an officer in BPS 19, who is an expert in medicine, pharmacology or pharmacy"].

(f) One Professor of medicine, to be nominated by the Federal Government.

(g) One Professor of Pharmacology, ["Pharmacology or medicine"] to be nominated by the Federal Government.

(h) One representative of the Law Division, Government of Pakistan.

(i) Chairman, Quality Control Authority, Health Division, Government of Pakistan, who shall be its ex-officio Secretary.]

[(j) One representative of the Ministry of Law and Parliamentary Affairs, Government of Pakistan].

[(k) Chief Cost Accounts Officer of the Ministry of Finance.]

(2) The members, other than ex-officio members, of the Appellate Board shall hold office for a period of three years and shall be eligible for renomination.

(3) The Appellate Board shall meet as and when required to perform its functions.

(4) The Appellate Board shall have powers to appoint a Committee of Experts for detailed investigation of any matter and report to the Board.

(5) No act or proceeding of the Appellate Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the Constitution of the Board.

3. Powers of the Appellate Board. The members of the Appellate Board shall exercise all the powers of an Inspector without restriction to area, and such other powers as may be necessary to perform their functions.

4. Procedure of Appeal. (1) Any person aggrieved by a decision of the Registration Board, the Central Licensing Board or a licensing authority may, within sixty days of receipt of such decision, submit an appeal to the Appellate Board.

(2) An application for appeal under sub-rule (1) shall be [in triplicate and be] accompanied by a copy of the decision appealed against, and shall contain all material statements and arguments relied on by the appellant.

(3) The Appellate Board shall transmit a copy of the application for appeal referred to in sub-rule (2) to the Registration Board or the Central Licensing Board or the licensing authority against whose decision the appeal has been made and such Board or authority shall, on demand, produce before the Appellate Board the record of the case leading to the decision.

(4) The Appellate Board shall, after giving the appellant an opportunity of being heard, pass such orders as it thinks fit and such orders shall be final.

5. Revision. The Appellate Board may, of its own motion at any time, call for the record of any case for the purpose of satisfying itself as to the correctness, legality or propriety of such order and may pass such order in relation thereto as it thinks fit.

----------------------

THE DRUGS (LICENSING,

REGISTERING & ADVERTISING)

RULES, 1976

Notification No. S.R.O. 145 (1)/76, dated 12th February, 1976.--In exercise of the powers conferred by Section 41 of the Drugs Ordinance, 1976 (IV of 1976), the Federal Government is pleased to make the following rules, namely:--

CHAPTER - I

1. Short title and commencement.--(1) These rules may be called the Drugs (Licensing, Registering and Advertising) Rules, 1976.

(2) They shall come into force at once.

2. Definitions.--In these rules, unless there is anything repugnant in the subject or context--

(a) "basic manufacture" means manufacture of a drug from basic raw material to a product which is ready for use as a starting material for the formulation of a finished drug or for repacking and such manufacture may involve chemical, phylochemical, photochemical, microbial or such other processes or a combination of any of such processes;

(b) "compounding" means scientific combination of two or more ingredients with a view to make a finished drug;

(c) "finished drug" means a drug which is in the finished form and is made and labelled ready for use, whether after or without dilution;

(d) "form" means a form set forth in Schedule A;

(e) "formulation" means all operations involved in converting a drug into a final pharmaceutical dosage form ready for use as a finished drug including compounding, processing, formulating, filling, packing, finishing, labelling and other like processes ;

(f) "half-finished product" means any material or mixture of materials that has to undergo further manufacture;

(g) "new drug" means a drug that has not been commonly sold or distributed to the public in Pakistan and is introduced for the first time;

(h) "Ordinance" means the Drugs Ordinance, 1976 (IV of 1976)

(i) "purity" means the degree to which other chemical or biological entitles are present in any substance;

(j) "quality control" means all measures employed to ensure the uniform output of batches of drugs that conform to the required specifications of identity, strength, purity and other characteristics;

(k) "quarantine" means the status of a material that is set apart and that is not available from use until released by the quality control department for this purpose;

(l) "repacking" means all operations involved in the transfer of a drug from a larger container or packing into smaller containers or packings including filling, packing, and labelling with a view to make it ready for retail sale or wholesale, but does not include any compounding, or processing with a view to formulate it in any dosage form;

(m) "retail sale" means a sale other than wholesale;

(n) "schedule" means a Schedule to these rules;

(o) "semi-basic manufacture" means manufacture, from an intermediate substance of a drug to be used as a starting material for the formulation of a finished drug or to be, used for repacking;

(p) "starting material" means all substances, whether active or inactive or whether they remain unchanged or become altered, that are employed in the manufacture of drugs; and

(q) "wholesale" means sale to a person who purchases for the purpose of selling again and includes sale to a hospital or dispensary, or medical, educational or research institute.

-------------

CHAPTER-II

MANUFACTURE OF DRUGS FOR SALE

3. Types of licenses to manufacture drugs.--Licenses to manufacture drugs shall be of the following types, namely:--

(i) licence to manufacture by way of basic manufacture;

(ii) licence to manufacture by way of semi-basic manufacture;

(iii) licence to manufacture by way of formulation;

(iv) licence to manufacture by way of repacking; and

(v) licence to manufacture for experimental purposes.

4. Manufacture of more than one set of premises.--If drugs are manufactured one more than one set of premises, a separate application shall be made and a separate licence shall be issued in respect of each such set of premises.

5. Application for licence to manufacture drugs and fee therefore.--(1) Application for the grant or renewal of a licence referred to in clauses (i) to (iv) of rule 3 shall be made in form 1 [or 1-A] to the Central Licensing Board addressed to its Secretary.

[* * * * *]

[(2) An application under sub-rule (1) shall be accompanied by the proper fee as specified in Schedule F"[;]

["Provided that the application for renewal of the licence is made before the expiry of the validity of licence and shall be accompanied with a certificate from the Pakistan Pharmaceutical Manufacturers' Association to the effect that the applicant is its member."]

(3) If the application for renewal of the licence is made after the expiry of the period of the validity of the licence, it shall be treated as a fresh application for the grant of licence.

(4) A fee of rupees one hundred shall be paid for a duplicate copy of the licence if the original is defaced, damaged or lost. Such copy of the licence shall be bear the words "DUPLICATE COPY".

(5) Any fee deposited under sub-rule (2) shall in no case be refunded.

6. Duration of a licence to manufacture drugs.--A licence issued under this Chapter, unless earlier suspended or cancelled, be in force for a period of two years from the date of issued and may thereafter be renewed for periods of two years at a time:

Provided that if application for renewal is made before the expiry of the period of validity of a licence, the licence shall continue in force until orders are passed on such application.

7. Certificate of licence to manufacture.--A licence to manufacture by way of basic manufacture, semi-basic manufacture, formulation or repacking, as the case may be, shall be issued in form 2.

[8. Central Licensing Board.--(1) The Central Licensing Board shall consist of the following members, namely:--

(a) the Director-General Health, Government of Pakistan, who shall be its ex-offico Chairman;

(b) the Director, Health Services of each Provincial Government ;

(d) one pharmacist, to be nominated by the Federal Government;

(e) one medical specialist from the Army Medical Corps, to be nominated by the Federal Government ;

(f) one pharmaceutical chemist or expert in quality control, to be nominated by the Federal Government; and

(g) the Drugs Controller, Ministry of Health, Government of Pakistan, who shall be its ex-officio Secretary;

[(h) one representative, not below the status of an officer of [BPS-19] [.......] of each of the Ministries of Commerce [Industries & Justice] to be nominated by the Federal Government; and

(i) one representative of the Central Board of Revenue, not below the status of an Officer of B-20, to be nominated by the Federal Government];

[(j) cost Accountant of the Ministry of Health ];

[(k) one physician, to be nominated by the Federal Government; and

(l) one surgeon to be nominated by the Federal Government;]

[(m) one expert inveterinary medicine to be nominated by the Federal Government].

(2) No person who is a member of the Appellate Board shall be nominated to the Central Licensing Board.

(3) The members of the Central Licensing Board, other than its ex-offico members, shall hold office for three years and shall be eligible for re-nomination.

(4) The Central Licensing Board may co-opt any other person who is expert in the pharmaceutical or medical profession for advice on any particular matter under consideration.

(5) The meetings of the Central Licensing Board may be held at such time as the Board may deem fit and, on the request of any of its members, the Chairman may at any time call a meeting if there is any important matter for its consideration.

(6) In the absence of the Chairman, the Board may elect one of its members to preside over a meeting.

[(6-A) The quorum the Constitute a meeting of the Board shall be one-third of its total membership.

(7) The Central Licensing Board may authorise the Chairman to any of its members to perform any specific function of the Board for a specified period.

(8) The Central Licensing Board shall follow such policy directing as the Federal Government may issue from time to time.

(9) No act or proceeding of the Central Licensing Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the Constitution of the Board.

(10) The Chairman and the Secretary of the Central Licensing Board shall, after the Board has approved the issuance of a licence sign the licence.

(11) Subject to rule 14, the Central Licensing Board may appoint a licensing authority or authorities for such purpose as it may deem fit.]

9. Powers of the Central Licensing Board.--(1) The members of the Central Licensing Board shall exercise all the powers of an inspector without restriction as to area, and shall have the powers of a Provincial Inspector in relation to Section 30.

(2) In the exercise of their powers the members of the Central Licensing Board shall follow the procedure prescribed for the Federal Inspector :

Provided that a member nominated by a Provincial Government may follow the procedure as laid down for a Provincial Inspector.

10. Procedure of Central Licensing Board.--(1) The Central Licensing Board may, before issuing a licence, cause the premises in which the manufacture is proposed to be conducted to be inspected by itself or by its sub-committee or by a penal of Inspectors or express appointed by it for the purpose, which may examine all portions of the premises and the plaint and appliances inspect the process of manufacture intended to be employed and the means to be employed for standardising, if necessary, and testing and analysing substances to be manufactured and enquire into the professional qualifications of the technical staff employed.

(2) Where inspection under sub-rule (1) is carried out by a sub-committee or panel of experts or inspectors appointed under the said sub-rule it shall forward to the Central Licensing Board a detailed report of the result of the inspection.

(3) If the Central Licensing Board, after such further enquiry, if any, as it may consider necessary, is satisfied that the requirements of the rules have been complied with, it may issue a licence in form 2.

(4) If the Central Licensing Board is not so satisfied, it shall reject the application and shall inform the applicant of the reasons for such rejection and of the conditions which must be satisfied before a licence may be issued.

(5) No application shall be entertained within three months of the rejection of an application under sub-rule (4).

(6) If after the expiry of three months but within six months of the rejection of an application under sub-rule (4), the applicant informs the Central Licensing Board that the requirements of the rules have been fulfilled, the Board may if after causing a further inspection to be made, is satisfied that the conditions for the grant of a licence have been complied with, issue a licence and no further fee shall be required to be deposited for such an application.

(7) In case an application for licence to manufacture is made after the expiry of six months from the date of rejection of an application under sub-rule (4), such application shall be treated as a fresh application and full fee shall have to be deposited.

11. Special provisions regarding grant of a licence.--(1) Where a manufacturer intends to manufacture a drug a part of the process of which is of specialised nature and would be uneconomical for him to conduct it, the Central Licensing Board may permit such process to be undertaken at another licenced premises specialised for this purpose, such subject to such conditions, if any, as may be specified in this behalf.

(2) If a person is conducting a part of the process of the manufacture on behalf of another manufacturer in accordance with the permission granted under sub-rule (1), and he is not responsible for the quality of the final product the Central Licensing Board may not require him to establish an independent quality control laboratory for such products.

(3) If a person possesses, or applies for, more than one type of licences to manufacture drugs in the same premises, he may establish one Quality Control Department for the purposes of both the licences.

12. Cancellation or suspension of licences.--(1) If a licences does not comply with any of the conditions of a licence or violates any of the provisions of the Ordinance or the rules [or fails to deposit the requisite amount of the Central Research Fund due from him] the Central Licensing Board may, by an order in writing staining the reasons thereof cancel a licence or suspend it for such period as it thinks fit, either wholly or in respect of some of the drugs to which it relates.

(2) The Central Licensing Board shall, before, cancelling or suspending a licence under sub-rule (1), provide an opportunity of being heard to the licensee.

(3) When a licence is cancelled or suspended, an entry to that effect shall be recorded on the licence.

(4) Licensee whose licence has been cancelled or suspended may appeal to the Appellate Board within sixty days of date of receipt of the decisions of the Central Licensing Board by the licensee and until the Appellate Board has given its order, the licence shall remain cancelled or suspended, as the case may be.

13. Renewal of a licence.--On application being made for renewal, the Central Licensing Board may cause an inspection to be made, and if satisfied that the conditions of the licence and the rules are and will continue to be observed, shall issue a certificate of renewal [or otherwise reject the application and in from the licence accordingly.]

14. Licensing authority.--For the purpose of Section 18 of the Ordinance, the Secretary to the Government of Province, in the Health Department shall be the licensing authority for that Province.

15. Conditions for grant of renewal of a licence to manufacture drugs by way of basic or semi-basic manufacture.--(1) Before a licence to manufacture by way of basic or semi-basic manufacture is granted or renewed, the Central Licensing Board shall satisfy itself that the following conditions are complied with by the applicant, namely:--

(a) The applicant shall provide premises which shall be suitable for intended use, in size and construction and shall be located in an area free from offensive and obnoxious odours and other possible sources of contamination.

(b) The applicant shall provide adequate space, plant and equipment for the manufacturing operations.

(c) The manufacture shall be conducted under the active directions and personal supervision of competent technical staff consisting of atleast one person holding a degree in pharmacy, medicine, science with chemistry or chemical engineering from a university in Pakistan or any other institution, recognised by the Federal Government for the purposes of the Ordinance, and shall possess qualifications and experience which, in the opinion of the Central Licensing Board, is appropriate and adequate for the manufacture and handling of the drug to be, or being, manufactured.

(d) The applicant shall establish an independent Quality Control Department and maintain separate staff, premises and adequate laboratory equipment for carrying out tests of the strength, potency, quality and purity of the substances being or to be used in the manufacture.

(e) The Quality Control Department shall be independent of the manufacturing units and its incharge shall be whole-time employee of the manufacturer and shall possess a degree in pharmacy, or a degree in science with chemistry, or a degree in medicine, microbiology, pharmacology, of bacteriology from a university in Pakistan or an other institution recognised by the Federal Government for the purposes of Ordinance, as the Central Licensing Board may deem fit for any particular unit; and shall be independent of the incharge of the manufacture (Production Units);

(f) The applicant shall ensure that--

(i) the manufacturing premises shall be maintained properly and shall, as far as possible, be orderly, clear and free from accumulated waste and vermin;

(ii) unhygienic practices such as eating and smoking shall not take place in any production or quality control area ;

(iii) sufficiently clean, appropriately ventilated toilet facilities, including facilities for washing and room for changing clothes, shall be available for the use of manufacturing personnel where required ;

(iv) hygienic garments shall be worn by all staff in processing and packing areas;

(v) high standard of personnel hygiene shall be observed by all person concerned with production processes; and

(vi) on person known to be suffering from communicable disease or to be a carrier of such a disease and no person with open lesions or skin infection shall be engaged in production areas.

(g) The applicant shall provide--

(i) adequate facilities for first-aid;

(ii) medical inspection of workers at the time of employment and periodical check up thereafter, at least once a year;

(iii) facilities for vaccination and inocculation against the enteric or any other epidemic group of diseases; and

(iv) adequate precautions for safeguarding the health of the workers, including measures to avoid industrial accidents or diseases.

16. Conditions for the grant or renewal of licence to manufacture drugs by way of formulation.--Before a licence to manufacture drugs by way of formulation is granted or renewed, the Central Licensing Board shall satisfy itself that the following conditions are being complied with by the applicant namely:--

(a) The factory premises shall comply with the conditions specified in Schedule, `B'.

(b) The applicant shall provide adequate space, plant and equipment for the manufacturing operations, the minimum space, plant and equipment for various operations are specified in Schedule B (1).

[(bb) An applicant, for registration of insecticides, pesticides and household disinfectants shall in addition to the conditions specified in Schedule `B' and Schedule `B-1' comply with the conditions specified in Schedule B-1, A.]

(c) The manufacture shall be conducted under the active directions and personal supervisions of competent technical staff consisting of at least one person who is a whole-time employee and who has:--

(i) a degree in pharmacy from a university in Pakistan or any other institution recognised by the Federal Government for the purpose of the Ordinance and has at least twelve months of practical experience in the manufacture of drugs; or

(ii) a degree in science with chemistry or pharmaceutical chemistry as the principal subject who, for the time being, is working as incharge of a licensed pharmaceutical manufacturing unit, has not less than ten years practical experience in the manufacture of drugs intended to be manufactured knowledge of pharmacy which, in the opinion of the Central Licensing Board, is adequate for the purposes; or

(iii) any foreign qualification the quality and content of the training of which are comparable with those described in sub-clause (i) or sub-clause (ii) and is approved for the purposes, of this sub-rule by the Central Licensing Board :

Provided that the Central Licensing Board may, in the case of manufacture of drugs include in Schedule `C', permit the manufacture of such drugs under the active direction and personal supervision or a person holding a degree in medicine or veterinary sciences of a university in Pakistan or any other institution recognised by the Federal Government, with at least three years experience in the manufacture, testing and analysis of biological products which are intended to be produced :

Provided further that the Central Licensing Board may, in the case of manufacture of disinfectant fluids, insecticides, liquid paraffin, medicinal gases, non-chemical contraceptives, plaster of paris, surgical dressing or chemicals for the manufacture of which the knowledge of pharmacy or pharmaceutical, chemistry is not essential, permit manufacture of the drug under the active direction and personal supervision of competent staff who, [although not having any of the qualifications included in sub-clause (i), (ii) or (iii)] has in the opinion of the Central Licensing Board, adequate knowledge and experience in the manufacture of the drug(s) to be produced. [.--] and

["Provided further, that a person already approved by the Central Licensing Board as the production incharge of a pharmaceutical firm shall continue to be the technical supervisor of that firm for the purpose of this rules."]

(d) The applicant shall establish an independent Quality Control Department and maintain separate staff, premises and adequate laboratory equipment for carrying out tests of strength, quality and purity of the substances being or to be used in the manufacture.

(e) The Quality Control Department shall be independent of the manufacturing unit and its Charge shall be a whole time employee of the manufacturer and shall possess a degree in pharmacy, or a degree in science with chemistry or a degree in medicine or pharmacology (for pharmacological testing) or a degree in microbiology (for microbiological testing) and has sufficient experience in testing of drug :

Provided that in the case of drugs specified in Schedule `C', the Central Licensing Board may allow the applicant to make arrangements with some other institution approved by the Central Licensing Board for such tests to be regularly carried out on his behalf by the institution.

17. Licence to manufacture drugs by way of repacking.--(1) A licence to manufacture drug by way of repacking is required for the repacking of such drugs, and under such conditions, as are specified in Schedule `D'.

(2) Where a person possesses or applies for a licence to manufacture by way of formulation and he also intends to conduct repacking of drugs, he may conduct such repacking under the same licence subject to the approval of and under such conditions as, the Central Licensing Board may specify.

18. Condition for the grant or renewal of a licence to manufacture drugs by way of repacking.--Before a licence to manufacture drugs by way of packing is granted or renewed, the Central Licensing Board shall satisfy itself that the following conditions are complied with by the applicant, namely:--

(a) adequate space and equipment shall be provided ;

(b) repacking operation shall be carried out under hygienic conditions and under supervision of technical staff provided for in clause (c) of rule 16 ;

(c) adequate arrangements shall be provided for carrying out the tests for strength potency, quality and purity of the drugs to be repacked.

19. Conditions of licence to manufacture, by way of basic manufacture, semi-basic manufacture, formulation and repacking of drugs.--(1) A licence to manufacture by way of basic, semi-basic manufacture, formulation or repacking of drugs shall be subject to the conditions stated therein, if any, and to the further condition that the licensee shall continue to maintain conditions on the basis of which he was granted a licence.

(2) The licence shall be kept on the licensed premises and shall be produced at the request of any member of the Central Licensing Board or of Provincial Quality Control Board or an Inspector.

(3) Any charge in the expert staff or signification alteration in the licensed premises or equipment shall be immediately notified to the Central Licensing Board.

(4) The licensee shall maintain in the inspection book provided by the Central Licensing Board at the time of the issuance of the licence on which a member of the said Board or of a Provincial Quality Control Board or an Inspector shall record proceedings of each of his visits, his impressions and the defect or irregularities noticed, if any, by him and such inspection book shall be signed by him as well as the licensee or his authorised agent.

(5) If any defects or irregularities are recorded in the inspection book under sub-rule (4), the manufacturer shall take steps to remove such defects or irregularities.

(6) A licensee who for any purpose is engaged in the culture or manipulation of pathogenic spore-bearing micro-organism shall provide, to the satisfaction of the Central Licensing Board, separate laboratories, utensils and apparatus required for the culture or manipulation of such micro-organisms, and they shall not be used for the manufacture of any other substance.

(7) The licensee shall comply with the provisions of the Ordinance and the rules and with such further requirements, if any, as may be specified in any rule subsequently made in this behalf or any other condition that may be imposed at the time of grant of a licence in the special circumstances of each case.

(8) The licensee shall allow any member of the Central Licensing Board or of a Provincial Quality Control Board or an Inspector enter, with or without prior notice, any premises and to inspect the plant and the process of manufacture and means employed in standardising and testing the drugs and to take samples for test and analysis.

(9) The licensee shall allow any member of the Central Licensing Board or of a Provincial Quality Control Board or an inspector to inspect all registers and records maintained under these rules and to take samples of the manufactured drugs and shall supply to such member or Inspector such information as he may require for the purpose of ascertaining whether the provisions of the Ordinance and the rules have been observed.

(10) The licensee shall, on demand, furnish to the Central Licensing Board or the Provincial Quality Control Board or to such authority as the Central Licensing Board may direct, from every batch of a drug, or from such batch or batches of drugs as it may from time to time specify, a sample for examination and, if required, furnish full protocols of the tests which have been applied.

(11) If the Central Licensing Board or a Provincial Quality Control Board so directs the licensee shall not sell or offer for sale any batch of a drug in respect of which a sample is, or protocols are, furnished under clause (10) until a certificate authorising the sale of the batch of such drug has been issued to him by or on behalf of the Central Licensing Board or the Provincial Quality Control Board, as the case may be.

(12) The licensee shall on being informed by the Central Licensing Board or a Provincial Quality Control Board that any part of any batch of a drug has been found not to conform with the requirements of the Ordinance or the rules and on being directed so to do, withdraw the remainder of the batch of such drug from sale and, so far as may in the particular circumstances of the case be practicable, recall all issues already made from that batch and dispose it of in such manner as may be directed by the said Board.

(13) No drug manufactured under a licence shall be sold unless the precaution necessary for properties have been observed throughout the period after manufacture.

[(13-A) The licensee or his authorised agent shall issue a warranty in Form

2-A for any drug sold by him for the purpose of re-sale or distribution.

[(14) The licensee shall [by the 30th June and the 31st December each year, whichever is immediately after the annual financial closing of the company] contribute one per cent of his gross profit before deduction of income-tax towards the Central Research Fund to be maintained by the Federal Government and utilised by it is in accordance with the Drugs (Research) Rules, 1978:]

Provided that the Central Licensing Board may allow a portion of such contribution to be spent by the firm itself for research and development of new drugs or for establishing research and development of new drugs or for establishing research laboratories when it is fully satisfied that such expenditure will be utilised for the said purpose effectively and properly.

[Explanation.--In this sub-rule, "profit" means gross profit before payment of income tax or other tax.

(14-A) The contributions made towards the Central Research Fund under sub-rule (14) shall be kept in such bank as the Federal (Research) Rules, 1978].

[(15) The licensee shall, on or before the 31st July each year, submit a duly signed profit and loss statement as per "proforma" given in Form 1 of Schedule `A' alongwith an evidence of deposit of 1 per cent of profit towards the Central Research Fund.]

20. Additional conditions of licence to manufacture drugs by way of formulation.--A licence to manufacture drugs by way of formulation shall, in addition to the conditions laid down in rule 19, be subject to the following further conditions, namely:--

(a) The licensee shall comply with the requirements and the conditions in respect of good practices in the manufacture and quality control of drug, as specified in Schedule B-II.

(b) The licensee shall record in Schedule B-III the particulars of manufacture of each batch of drugs manufactured by him and shall retain such records, in the case of a substance for which expiry date is fixed for a period of two years from the expiry of such date and, in the case of other substances, for a period of five years from the date of manufacture.

(c) The licence shall either in is own laboratory or, where so authorised under the proviso to clause (e) of rule 10, in any other laboratory approved by the Central Licensing Board, test such batch of the raw materials used by him for the manufacture of drugs and also each batch of the final drug, shall maintain records showing the particulars in respect of such tests as specified in Schedule B-III and shall retain such records, in the case of a substance for which expiry date if fixed, for a period of two years from the expiry of such date and, in the case of other substance, for a period of five years from the date of manufacture.

21. Licence to manufacture drugs for experimental purposes.--(1) If a person intending to manufacture a drug for experimental purposes does not hold a licence to manufacture drugs, he shall before commencing such manufacture, apply in Form 3 for the grant for renewal of a licence to the Central Licensing Board addressed to its Secretary.

(2) An application under sub-rule (1) shall be countersigned by the head of the institution in which, or the director or manager of the firm or company by which, the drug will be manufactured.

(3) Licence for the manufacture of drugs for experimental purposes shall be in Form 4.

22. Conditions of licence to manufacture drugs for experimental purposes.--A licence issued under rule 21 shall be subject to the following conditions, namely :--

(a) That licensee shall use the drugs manufactured under the licence exclusively for experimental purposes and shall carry on the manufacture and experimental work at the place specified in the licence.

(b) The licensee shall allow a member of the Central Licensing Board or of a Provincial Quality Control Board or an, Inspector to enter, with or without notice, the premises where the drugs are manufactured and to satisfy himself that the manufacture is being conducted for experimental purposes.

(c) The licensee shall comply with such further requirements, if any, as may be specified under any rule subsequently made.

23. Labelling of drugs manufactured for experimental purposes.--(1) Any drug manufactured for experimental purposes shall be kept in containers bearing labels indicating the purposes for which it has been manufactured.

(2) If the drug manufactured for experimental purposes is supplied by the manufacturer to any other person, the container shall bear a label on which shall be stated the name and address of the manufacture, the accepted scientific name of the drugs, if known, or, if nor known, a reference which will enable the drug to be identified and the purpose for which if has been manufactured.

CHAPTER III

REGISTRATION OF DRUGS

[24. Registration Board.--The Registration Board shall consist of such members, including the Chairman and the Secretary, and its members shall hold office for such term, as is prescribed for the Central Licensing Board set up under rule 8.

(2) The Registration Board may refer any case for detailed examination to the committee of experts on the Drugs Evaluation constituted under Section 10 of the Act.

(3) The Registration Board may appoint a sub-committee consisting of atleast one Clinical Professor, one pharmacologist and one pharmacist to make a detailed examination of each case and to submit a report for the consideration of the Board.

(4) The Registration Board may appoint a panel of experts or Inspectors to inspect on behalf of the Board the premises of a manufacturer of drugs and to submit its report to the Board.

(5) The Chairman and the Secretary of the Registration Board shall, after the Board shall approved the registration of a drugs, sign the certificate of registration.

(6) For the manner and conduct of the meetings of the Registration Board, the provisions of sub-rules (3), (4), (5) (6), (7), (8) and (9) of rule 8 shall mutatis mutandis apply.]

25. Powers of Registration Board.--The members of the Registration Board shall exercise all the powers of Inspector without restriction as to area, and shall have the powers of a Provincial Inspector in relation to Section 30.

26. Application for registration of drugs and fees thereof.--(1) An application for registration of a drug shall be made in Form 6 [or 5-A] in duplicate to the Registration Board addressed to its Secretary, and separate application shall be made for each drug.

(2) The applicant shall furnish such further information and material as may be required by the Registration Board for the proper evaluation of the drug.

(3) An application under sub-rule (1) shall be accompanied by a fee of--

(a) rupees one thousand for the registration of new drug ;

(b) rupees five hundred for the registration of any other drug; and

Provided that the application for the renewal of registration is made before the expiry of the validity of the certificate of registration.

[(3-A) Application for renewal of registration of a drug shall be made in Form 5-B].

[3-B) An application under sub-rule (1) or sub-rule (3) shall be accompanied by the proper fee specified in Schedule `F'.

(4) If the application for renewal of registration is made after the expiry of the period of the validity of the certificate or registration, it shall be treated as a fresh application for the registration of drug.

(5) A fee of rupees fifty shall be paid for a duplicate copy of the certificate of registration if the original is defaced, damaged or lost, and such copy of the certificate shall bear the words "Duplicate Copy".

(6) Any fee deposited under sub-rule (3) shall in no case be refunded.

27. Duration of certificate of registration.--A certificate of registration under this Chapter, [shall] unless earlier suspended or cancelled, be in force for a period of five years from the date of [Registration of the drug] and may thereafter be renewed for periods not exceeding five years at a time :

[Provided that an application for the renewal of registration shall not be entertained unless it has been made within sixty days after the expiry of the registration and when an application has been made as aforesaid the registration shall subject to the orders passed on the application for the renewal continue in force for the next period of five years :]

Provided further that, if in the opinion of the Registration Board it is necessary so to do in the public interest it may provisionally register a new drug for period of two years.

28. Certificate of registration.--A certificate of registration of drug shall be issued in Form 6.

29. Procedure for registration.--(1) The Registration Board may, if it considers necessary, cause the application for registration and the information and material supplied to it under rule 26 to be evaluated by a Committee on Drugs Evaluation consisting of experts related to the aspect of the drug to be evaluated and obtain its report.

(2) The Registration Board [may, before issuing a licence] cause the premises in which the manufacture is proposed to be conducted to be inspected by itself or by this sub-committee or by a panel of inspectors or experts appointed by it for the purpose, which may examine all portions of the premises and the plaint and appliances, inspect the process of manufacture intended to be employed and the means to be employed for standardising, if necessary and testing the substances to be manufactured and enquire into the professional qualifications of the technical staff employed.

(3) Where inspection under sub-rule (2) is carried out by a sub-committee or panel of experts or Inspectors appointed under the said sub-rule it shall forward to the Registration Board a detailed report of the result of the inspection.

(4) If the Registration Board, after such further enquiry, if any, as if may consider necessary, is satisfied of its efficacy, quantity and economical value [or where the public interest so requries], it may register the drug and issue a certificate of registration in Form 6, subject to such specific conditions as it may specify.

(5) The Registration Board [may], while registering a drug under sub-rule (4), approve the details as supplied by the applicant to approve them with amendments as it may deem fit in respect of the following particulars, namely:-

(a) the name under which the drug may be sold;

(b) the labelling;

(i) the claims to be made for the drug;

(ii) the route of administration;

(iii) the dosage;

(iv) the contra-indications, the side effects and precautions, if any; and

[(d) [Omitted vide S.R.O. 551(1)/92, dated 3.7.1993].

[(5-A) Where the Registration Board registers a new drug, it may recommended to the Federal Government for fixation of maximum price of such drug.]

(6) The Registration Board shall, before registering a new drug for which the research work has been conducted in other countries and its efficacy, safety and quality has been established therein require the investigation on such pharmaceutical, pharmacological and other aspects, to be conducted and clinical trials to be made as are necessary to establish its quality and, where applicable, the biological availability, and its safety and efficacy to be established under the local conditions:

Provided that under special circumstances to be recorded in writing the Registration Board may register a drug and require such investigations and clinical trials to be conducted after its registration.

(7) A new drug, where new method of manufacture is contemplated or a change is proposed in source, standard or specification of the active ingredient or the finished product, may not require full investigations and clinical trials except in so far as they are necessary for the purposes of establishing bio-equivalence, absorption, acceptability or other such features.

(8) Where it is necessary in the public interest so to do, the Registration Board may register a drug on its own motion without having received any application for registration.

(9) If the Registration Board is not satisfied as to the safety, efficacy, quality or economic value of a drug, [or where the public interest so requires] it may, [* * *] the application for registration and inform the applicant of the reasons for such rejection in writing.

(10) Rejection of an application for the registration of a drug shall not debar an application from submitting a fresh application under rule 26.

30. Conditions of registration of drug.--(1) The relevant provisions of the Ordinance and the rules in respect of the registered drug, shall be complied with.

(2) The import, manufacture and sale of drugs shall be in accordance with the informations in respect of those drugs or in any supplementary information or, where such information was amended by the Registration Board, in accordance with such amended information on the basis of which such drugs were registered:

Provided that deviations from any such information may be made only after obtaining prior approval of the Registration Board.

(3) The indications, contra-indications, side effects, the dosage and cautions, if any, as have been approved for the purpose of registration of a drug shall be clearly specified in the labelling and promotion.

(4) Every drug shall be produced in sufficient quantity so as to ensure its regular and adequate supply in the market.

(5) The manufacture of any drug shall not, without the prior approval of the Registration Board, be discontinued for a period which may result in its shortage:

Provided that in the circumstances beyond the control of a manufacturer of a drug which may lead to reduction in the production of that drug, the circumstances may be intimated to the Registration Board.

(6) A record of quarterly production and disposal of a drug shall be maintained and disposal of a drug shall be maintained and supplied to the Chairman of the Registration Board in Form 7 in the months of January, April, July and October each year.

(7) In case of an imported drug, the indent or any other approved representative in Pakistan of the foreign firm shall ensure regular and adequate supply of the drug in Pakistan.

[(7-A) The indenter, importer or manufacturer's authorised agent shall issue a warranty in Form 2-A for any drug indented or sold by him for the purpose of re-sale or distribution; and]

(8) In respect of new drug records, including adequately organised and indexed files, shall be maintained containing full information regarding:--

(a) animal of clinical investigations and tests conducted by the manufacturer or reported to him by any person concerning that drug;

(b) reports from the scientific literature or the bibliography therefrom that are available to him concerning that drug ;

(c) experience, investigations, studies and tests involving the chemical or physical properties or any other properties of that drug;

(d) any substitution of another substance for that drug or any mixing of another substance with that drug;

(e) any error in the labelling of that drug;

(f) any bacteriological or any significant chemical or physical or other change or deterioration in any batch of that drug ;

(g) any failure of one or more distributed batches of that drug to meet the required specifications;

(h) any unexpected side effects, injure, toxicity or sensitivity reaction associated with the clinical uses studies, investigations and tests respecting that drug; and

(i) any unusual failure of that drug to produce its expected pharmacological activity.

(9) The following information shall be supplied to the Registration Board--

(a) on request, reports in duplicate of all records respecting the information contemplated by paragraphs (d), (e) and (f) of sub-rule (8); and

(b) immediately upon receipt by him, reports in duplicate of all records respecting the information contemplated by paragraphs (d), (e) and (f) of sub-rule (8); and

(c) as soon as possible and in any event within fifteen working days of their receipt by him reports in duplicate of contemplated in paragraphs (g), (h) and (i) sub-rule (8).

["(10) If a drug or any of its ingredients which is imported or manufactured by a company in Pakistan is also approved for registration and free sale by its subsidiary, sister concern, associate or parent company in the country where it was originally developed or in any of the countries namely, U.S.A. European Union Countries, Canada, Japan, Australia, and--

(a) if that drugs at ay time, for safety reasons is withdrawn or banned or certain restrictions are imposed in any of the said countries, then it shall be the responsibility of the manufacturer in Pakistan or as the case may be, the indentors, to immediately withdrawn the drug from the market in Pakistan or, as the case may be to impose similar restriction and to inform the Registration Board within fourteen days of such an information having come to his knowledge and having taken the necessary action. The Registration Board after getting the said intimation shall take similar action for the same drugs available from other sources within the shortest possible time ;

(b) if a clinical information for a drug is approved by the Drug Regulatory Authority in any of the said countries, the same clinical information shall be considered as approved for drug registration in Pakistan unless modified by the Registration Board on the basis of scientific data available to it, and such clinical information may include indications, contra-indications, side effects precautions, dosage, etc.;

(c) if an adverse drugs reaction not otherwise included in the application for registration, is registered in any of the said countries, if shall be the responsibility of the concerned manufacturer or in case of imported drugs the indentors or manufacturer agent in Pakistan to be aware of such adverse action and to report to the Registration Board within thirty days of becoming so aware.

(11) The manufacturer or, as the case, may be, the indentor shall follow the ethical criteria for medical drug promotion as given in Schedule `G'.

(12) The manufacturer or, as the case may be, the indentors shall supply the information in relation to safety, efficacy, production, quality, or availability of the drugs as and when required by the Registration Board with a view to ensure safety; efficacy or quality of the drug"; and]

(a) on request, reports in duplicate of all records respecting the information contemplated by paragraphs (d), (e) and (f) of sub-rule (8); and

CHAPTER-IV

ADVERTISING OF DRUGS, ETC.

31. Conditions of advertising.--[(1) The Federal Government may, after seeking advice of the Committee on Advertising, allow the advertisement of a drug, or any substance or a remedy as specified in Schedule D-1 or a treatment or offer of a treatment for any disease, approve the contents of such advertisement and specify conditions subject to which such advertisement shall be made:

Provided that the Federal Government may, if in its opinion the public interest so required, withdraw the approval granted to any advertisement or modify or alter any condition subject to which the advertisement was approved.

[(1-A) An application for advertisement of any drug, substance, remedy, treatment or offer of treatment for any disease shall be made it Form-8, addressed to the Secretary of the Commissioner on Advertising and there shall be made a separate application for each advertisement.]

[(1-B) An application under sub-rule (1A) shall be accompanied by the proper fee specified in Schedule F:] and

[(1-C) The approval of advertisement, granted under sub-rule (1), shall be valid for a period of two years only.";]

(2) A drug or any substance referred to in clause (ii) of Section 24 may be advertised to the medical, pharmaceutical and allied professions, without referring to the Federal Government, through medical representatives or through professional journals and publications which are meant for circulation exclusively amongst the members of the medical, pharmaceutical and allied professions.

Provided that:--

(i) one copy of each issue of such journal or publication is sent to the Drug Administration of the Health Division; and

(ii) the Federal Government may, after giving an opportunity of being heard, prohibit the publication of any advertisement in any such journal if it is found to violate any of the conditions specified under sub-rule (1)].

(3) Advertisements under sub-rule (2) shall be subject to the following conditions, namely:--

(i) All claims shall be made in accordance with those approved for registration of that drug.

(ii) Where the usual information or indications and dosage is provided, the advertisement material shall contain information of contra-indications, side effects and other necessary precaution as may be applicable.

(4) A drug [or any substance referred to in clause (ii) of Section 24], may be advertised through press without reference to the Federal Government if it is merely intended to inform the public of the availability or the price of such drug [or any substance referred to in clause (ii) of Section 24], subject to the condition that the Federal Government may prohibit such advertisement if, in its opinion, the public interest so requires.

(5) A drug [or any substance referred to in clause (ii) of Section 24], may be advertised to the medical, pharmaceutical and allied professions through a documentary film.

(6) No advertisement under this rule shall contain any direct or indirect comparison in any way with any other drug or substance or remedy for any disease for the purpose of attracting customers or with a view to discredit other such product.

(7) Advertisement material shall be presented with Courtesty and good tastes and words and phrases implying urgency, uniqueness or such expressions which are absolute in character, such as, "the most potent", "the most rapid", "the most efficacious", or which make exaggerated claims or too general claims, such as "effective in all cases" or "effective against all complaints" or superlatives shall be avoided.

[(8) Advertisement of a drug or any substance referred to in clause (ii) of Section 24 shall include such information on any risk and other precautions as may be necessary, for the protection of public health, and in the case of a drug also its maximum retail price fixed under Section 12].

(9) No drug or any other substance shall be advertised in a manner which encourages self-medication or use to the extent that it endangers health.

(10) No drug or any remedy, treatment or offer treatment of any disease specified in Schedule `E', shall be advertise [except as provided in sub rule (2)].

(11) Reminder publications for the medical and allied professions shall include name of the drug and its exacted compositions, the price, the name and address of the manufacturer and statement to the effect that "Full information is available on request".

32. Sampling of drugs.--Samples of drugs may be provided to the physicians or dentists or pharmacists or veterinarians or a medical institution in a reasonable quantity and in reduced packings marked with the words "Physician's Sample Not for Sale."

33. Expenditure on advretisement.--No person shall spend more than five per cent. of his turnover on advertisement sampling and other promotional activities in respect of drugs.

[Explanation.--The expenditure on pay and allowances of the filed force connected with two promotional activities shall not be induced in expenditure for two purpose of this rule.]

34. Substances required to be prescribed under Section 24.--Any substance or a mixture of substances offered for sale which in injurious or likely to become hazardous, to the health of a person shall be deemed to be substance for the purpose of Section 24 of the Ordinance.

[35. Retailer's discount.--The retailers discounts shall be 15% of the maximum retail price].

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SCHEDULE A

[See rule 2(e)]

[FORM 1]

APPLICATION FOR GRANT/RENEWAL OF A LICENCE TO MANUFACTURE BY WAY OF BASIC MANUFACTURE/SEMI-BASIC MANUFACTURE/FORMULATION/REPACKING

I/We .................. of .............. hereby apply for the grant of a licence to manufacture by way of ............ on premises situated at ..........

2. The drug(s) or class(es) of drugs intended to be manufactured:--

(1) Class(es) of drugs.

(2) Dosage form(s) of drugs.

(3) Name of the drug(s).

3. I enclose:--

(i) Particulars regarding the legal status of the applicant (i.e. in case of proprietorship the names) of proprietors and their address(es), in the case of firm the name and names and addresses of its partners and in the case of company the name and address of the company and its directors).

(ii) Details of the premises including layout plan of the factory.

(iii) Details of the section-wise equipment and machinery for manufacture and quality control.

(iv) Names and qualifications of the Production Incharge and Quality Control Incharge for supervising manufacturing processes and Quality Control Department, and other technical staff working in these departments.

4. The premises and plan will be ready for inspection on ................. or are ready for inspection.

Dated.............. Signed..............

Place.............. Name designation and

address..............

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PROFORMA

DETAILS OF THE FIRM

Name of the Company

Type of ownership (Partnership, Proprietorship, Public limited, Private limited, etc.)

Name (s) of Proprietor(s)/Director (s) Partner(s).

Date of Establishment.

Initial investment (and details of equity shares).

Present investment (and details of equity shares).

Profit and loss statement as per audited accounts for the last five years.

Percentage 1%

before tax for

Profit Central Research Profit percentage of

[Year Investment before Fund

Turnover tax Calculated Paid Invest- Turnover

ment

Note.--Copies of balance sheets to be enclosed with the application for renewal only"; and

(6) in Schedule B, in paragraph (2), in clause (k), for the semi-colon, and word"; and" a colon shall be substituted and thereafter the following proviso shall be inserted, namely:--

Provided that the condition of location may the relaxed by the Board in suitable cases for grant of renewal of a licence, subject to such conditions as it may deem fit, if the surroundings and the premises, in the opinion of the Board, are satisfactory for the intended manufacture.]

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[FORM 1-A]

[See rule 5(1)]

Application Form for Renewal of a Licence to Manufacture Drugs by way of Formulation/Basic Manufacture/Semi-Basic Manufacture/Repacking

I/We ......................... of......................... hereby apply for the renewal of a licence to manufacture by way of on premises situated at ..........................

2. The drugs(s) or class(es) of drugs intended to be continued to be manufactured:-

(i) Class(es) of drugs.

(ii) Dosages form(s) of drugs.

(iii) Name of the drug(s) registered/approved.

3. There have been/have not been any change in respect of:-

(i) Name of the proprietors/directors/partner(s).

(ii) Details of the premises including layout plan of the factory.

(iii) Details of the section-wise equipment and machinery for manufacture and quality control.

(iv) Names and qualifications of the Production Incharge and Quality Control Incharge for supervision of manufacturing processes and Quality Control Departments, and other technical staff working in these departments.

4. Statement of the Central Research Fund.

Following statement, as per audited accounts/based on Income Tax Return for the last five years:-

Year investment Turn-over CRF due C.R.F. paid as

per Col. 4

1 2 3 4 5

Date........................... Signed...........................

Place........................... Name, designation and

address of the signatory

Note.--Strick off which is not applicable. .................................

[Attested copies of the last two income-tax assessment orders of the Income tax Department attached.]

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FORM 2

[See rule 7]

GOVERNMENT OF PAKISTAN

Licence to Manufacture

is/are hereby licensed to manufacture by way of Basic Manufacture/Semi-Basic Manufacture/Formulation/Repacking at the following premises:--

2. This licence permits the manufacture of.

3. This licence shall, in addition to the conditions specified in the rules made under the Drugs Ordinance/Act, 1976, be subject to the following conditions, namely:--

(i) The licence will be in force for a period of two years from the date of issue unless earlier suspended or cancelled.

(ii) The licence authorises the sale by wholesale dealing and storage for sale by the licensee of the products manufactured under this licence, subject to the conditions applicable to licences for sale.

(iii) Name of the approved export staff.

............................... ...............................

Date of issue...................... ...............................

Secretary, Chairman.

Central Licensing Board (Seal) Central

Licensing Board,

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[FORM 2A]

(See rules 19 and 30)

WARRANTY UNDER SECTION 23(L)(I) OF THE DRUGS ACT, 1976

I ................ being a person resident in Pakistan, carrying on business at (full address) .............. under the name of ................. (and being an importer/indenter/authorised agent of ..................), do hereby give this warranty that the drugs here-under described as sold/indented by me/specified and contained in the bill of sale, invoice, bill of lading or other document describing the goods referred to herein do not contravene in any way the provisions of Section 23 of the Drugs Act, 1976.

Dated (Signed)

1. Name(s) of the drug(s): Batch number(s)

(i)

(ii)

2. Description off bill of sale, invoice, bill of lading or other document (if any).

Signed ............................

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FORM 3

[See rule 21(1)]

APPLICATION FOR LICENCE TO MANUFACTURE DRUG (S) FOR EXPERIMENTAL PURPOSES

I/We................. of................ hereby apply for a licence to manufacture drug (s) as specified below for experimental purposes at ................ and I/We undertake to comply with the conditions applicable to the licence under rule 22 of the Drugs (Licensing, Registering and Advertising) Rules, 1976.

Name and quantity of drugs (s) to be manufactured for the said purposes:--

Signature

Name

Address

Countersigned by

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FORM 4

[See rule 21(2)]

LICENCE TO MANUFACTURE DRUG (S) FOR

EXPERIMENTAL PURPOSES

Mr./Messrs ................. of ................. is/are hereby licensed to manufacture the drug(s) specified below or experimental purposes at ......... or at such other places the Central Licensing Board may from time to time permit.

2. The licence is subject to the conditions prescribed in rule 22 of the Drugs (Licensing, Registering and Advertising) Rules, 1976, and such other conditions as may be subsequently prescribed or specified by the Central Licensing Board in this behalf.

3. This licence shall unless previously suspended or cancelled be in force for a period of two years from the date specified below:--

Name of drugs with quantity to be manufactured.

Date:

Place.-- Licensing Authority.

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[FORM 5

[See rule 26(1)]

APPLICATION FORM FOR REGISTRATION OF

A DRUG FOR LOCAL MANUFACTURE

I/We..................... of ................. hereby apply for registration of the drug namely ................ details of which are enclosed.

Signed....................

Date..........................

Place..........................

ENCLOSURE OF THE APPLICATION FOR REGISTRATION OF A DRUG

(State where inapplicable or not yet possible)

1. Name and address manufacturer.

2. Name of drug.

(a) Genric/International non-proprietory name:

(b) Proprietory name, if any:

3. Name under which drug is proposed to be sold:

4. Dosage form of the drug:

5. Composition of the drug, stating quantity of each active and non-active ingredient(s) per unit or as a percentage of total formulation:

6. Proposed dosage:

(a) for adults,

(b) children by age group,

(d) special groups,

7. Main Pharmacological group to which the drug belongs:

8. Pharmacological and clinical data:

(a) recommended clinical use and the claims to be made for the drug,

(b) contra-indications,

(d) any directions for the use to be included in the labelling, warning and precautions in use: symptoms of over dosage should be given alongwith the treatment including antidotes, where required.

9. Proposed route of administration.

10. Description of the method of manufacture and quality control with details of the equipment.

11. Specifications, with details of analytical procedure for each ingredient and the finished drugs (not required in case of a drug for which pharmacopoeial standards recognised under the Drugs Act, 1976, are claimed).

12. Bio-availability, Bio-equivalence and Pharmacokinetics Analysis (For Dosage For Introducing first time in Pakistan).

13. Stability Summary:--

(a) A complete description of and date derived from studies on the stability of new drug, including information pertaining to the suitability of the analytical methods used.

(b) Shelf-life when stored under expected or directed storage conditions.

(d) Extreme Temperature Fluctuations Study for all liquid and semi-solid preparations. (Such observations should be utilized for appropriate labelled storage conditions or warning statements).

(e) Type of container/package, with the nature of material, package testing (chemical, mechanical, environmental).

14. Labelling: Specimen or draft with colour scheme, alongwith the undertaking to refrain from counterfeiting shall also be submitted.

15. Pack size(s) and proposed maximum retail price with the following details:-

(i) Cost per retail pack of each active and non-active ingredients.

(ii) Cost of each packing material.

(iii) Cost of direct labour.

16. Justification: (Only in case of a new entity).

17. Patent number, if any, with date and its date of expiry.

18. In case of a new drug (entity) not yet registered in Pakistan:

(i) enclose certificate of registration and Free Sale from any of the following countries:

Japan, USA and European Community Member countries.

(ii) Any other relevant information that may be required by the Board for consideration of this application.]

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[FORM-5(A)

[See rule 26(1)]

APPLICATION FORM FOR REGISTRATION OF AN IMPORTED DRUG

I/We ................ of ............... hereby apply for registration of the drug, namely ................. details of which are enclosed.

Date ................... Signed .................

Place ..................

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ENCLOSURES OF THE APPLICATION FOR REGISTRATION OF A DRUG

1. Name, address and status of the applicant:

2. Name and address of the manufacturer:

3. Name of the drug:

(a) Generic international non-proprietory name:

(b) Proprietory name, if any.

4. Name of drug under which it is proposed to be sold:

5. Dosage form of the drug:

6. Composition of the drug stating quantity of each active and non-active ingredients per unit dose or percent-age of total formulation:

7. Proposed dosage:

(a) for adults,

(b) children by age group,

(d) special groups,

8. Main Pharmacological group to which the drug belongs:

9. Proposed route of administration,

10. Pharmacological and clinical data:

(a) recommended clinical use and the claim to be made for the drug,

(b) contra-indications,

(d) any directions for use to be included in the labelling warnings and precautions in use: symptoms of overdosage should be given alongwith the treatment including antidotes where required.

11. Specifications with details of analytical procedure (not required in case of a drug for which the pharmacopocial standards recognised under the Drugs Act, 1976 are claimed):

12. Bio-availability studies.

13. Stability studies.

14. Proposed shelf-life with storage conditions, if any.

15. Type of container.

16. Labelling: (Specimen to be enclosed alongwith a sample and undertaking to refrain from counterfeiting shall also be submitted).

17. Proposed C and F and maximum retail price (in case of imported drug).

18. Justification.

19. Certificate regarding sale and G.M.P in the country of origin (in English and in Form 5(c).

20. Certificate of registration by F.D.A. of USA., Committee on Safety of Medicines of U.K. or corresponding agencies of France, West Germany, Japan, Sweden and Denmark.

21. Patent number, if any, with date and its date of expiry.

22. Undertaking to manufacture drug locally within two years. If it is not possible, the reasons therefor.]

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[FORM 5-B]

[See rule 26 (3A)]

APPLICATION FORM FOR RENEWAL OF REGISTRATION

OF ALL KINDS OF DRUGS

I/We ........................... of .............................. hereby apply for renewal of registration of the drug, namely ......................... details of which are as follows:

1. Name and address of the manufacturer.

2. Name and address of the agent or indentor in case of imported drug:

3. Whether the drug is registered for local manufacture or import:

4. Name of the registered drug, with its registration number and date or initial registration and last renewal:

5. Changes, if any, information furnished at the time of initial registration or last renewal:

6. If withdrawn from the market anywhere:

(i) Country.

(ii) Reasons thereof.

Place ................... Signature ...................

Date ....................

Name and address of the signatory ........................]

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[FORM 5-C

TO WHOM IT MAY CONCERN CERTIFICATE OF DRUGS REGISTERED UNDER THE DRUGS ACT, 1976

Name and dosage form of product

Name and amount of each active ingredient

Manufacturer and or when applicable the person responsible for Placing the Product on the market

Address(es)

It is certified:

* This product has been authorised to be place of the market for use in this country.

* Number of Registration and date of issue if applicable.

* This product has not been authorised to be placed on the market for use in this country for the following reason: --

It is also certified that (a) the manufacturing plant in which the product is produced is subject in inspections at suitable intervals, and (b) the manufacturer conforms to requirements for good practices in the manufacture and quality control, in respect of products to be sold or distributed within the country of origin or to be exported].

(Signature of designated authority Place and date)

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[FORM 6

[See rules 23 and 29(4)]

GOVERNMENT OF PAKISTAN

CERTIFICATE OF REGISTRATION

Certified that following drug(s) are hereby registered under the Drugs Ordinance/Act, 1976:--

Name of Drug(s).

Name of Manufacturer.

Name of Indentor/Manufacturer's Agent/Importer (in case of imported drugs only).

2. This registration shall be valid for a period of five years unless earlier suspended or cancelled.

3. This registration in subject to the conditions specified in the Drugs Ordinance/Act, 1976, and the rules thereunder and to the conditions specified in the enclosure.

Date of [Registration]..................

Secretary, (Seal) Chairman

Registration Board. Registration Board.

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[FORM 7

[See rule 30(6)]

STATEMENT SHOWING QUARTERLY PRODUCTION TO

BE SUBMITTED IN DUPLICATE

Name of drug. .........................

Pharmacological group. .........................

Name of the Firm. .........................

Address. .........................

For the quarter ending. .........................

Pack No. Total quantity VALUE Details of Value of

size. of in terms of (in Rs.) disposal raw

Pack individual material

units, e.g. On On Indicate used

total No. of trade retail whether (Active

tablets, in- price price supplied and

jections tubes, through nor- inactive)

litres, etc. mal distribu- (In Rs.)

tion, chan-

nels or ex-

ported or

supplied to

any specific

institution

1 2 3 4 5 6 7

Total

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SCHEDULE `B'

[See rule 16(s)]

Conditions of factory premises:--

(1) Location of sorrundings.--The factory shall be situated in a place which shall not be adjacent to an open sewerage, drain, public lavatory or any factory which produces a disagreeable or obnoxious order or fumes or large quantities of soot, dust or smoke which may interfere or contaminate the drug being manufactured or adversely affect its quality. The factory shall be located in a sanitary place, remote from filthy surroundings, preferably not in congested residential area.

(2) Buildings.--Buildings shall be of suitable size and construction to facilitate adequate cleaning maintenance and permit manufacture of drugs under hygienic conditions. The buildings shall:--

(a) be so designed and constructed as to prevent the entry of animals and insect Interior surfaces, including walls, floors and ceilings, shall be smooth and free from crake, shall not shed particulate matter and shall permit easy clearing and, if necessary, disinfection. The building shall not be used for any purpose other than manufacturing purposes of the manufacturing firms. The staying place for watchmen shall also be separate from manufacturing area ;

(b) provide adequate space for orderly placement of equipment and materials;

(d) provide suitable housing and space for the care of all laboratory animals where so required ;

(e) provide for safe and sanitary disposal of sewage, trash and other refuse from the buildings ;

(f) provide area which shall;

(i) provide adequate space and shall be arranged and equipped in a manner to allow clean and orderly placement of stored materials and products and under conditions of temperature and humidity, where so required in conformity with stability information, and goods shall be stored off the floor, where possible, to keep them clean, dry and orderly:

Provided that materials whose condition is not likely to be affected if stored in the open, may be so stored;

(ii) provide for suitable and effective separation of quarantioned and other materials and products to minimize and risk of mix-up; and

(iii) provide separate areas for storage of:--

(1) Dangerous substances; and

(2) Rejected and recalled materials and products;

(g) provide for special purpose, such as the manufacture of drugs that are intended to be sterile, but cannot be sterilized in their final container, separate enclosed areas, specifically designed for the purpose. These areas shall be entered through an air lock essentially just-free and ventilated with an air supply through bacteria retaining filters giving a pressure, higher than in adjacent areas. Surfaces shall be designed to facilitate clearing and disinfection. Routine microbe counts of the air in the areas described above shall be carried out regularly to ensure maintenance of aseptic conditions. The results of such counts shall be checked against established standards and adequate records of the counts shall be maintained ;

(h) provide for the manufacture of drugs that can be sterilised in their final container the requirement given under clause (g) with the exception of mandatory sterilization of air supplies. The design of areas used for the purpose shall preclude the possibility of mixing up of the products intended for sterilization with products already sterilized ;

(i) provide working benches, where required, for carrying out operations such as filing, labelling, packing, etc. Such benches shall be fitted with smooth, impervious tops capable of being washed ;

(j) in factories where operations involving the use of containers, such as bottles vials, jars, ampoules, are conducted provide adequate arrangements, separated from the manufacturing operations for washing, cleaning and drying such containers with suitable equipment for the purpose. Sterilizing facilities where necessary shall also be provided.

[(k) be situated in an industrial area where such areas are provided but in no case they shall be located in congested, residential, commercial or office areas, or in small lanes, or by-lanes.

(l) be so designed and constructed that they suit that purpose of manufacture of drugs only and the plan and side thereof are approved by the Central Licensing Board.]

[Provided that the condition of location may be relaxed by the Board in suitable cases for grant or renewal of a licence, subject to such conditions as it may deem fit, it the surroundings and the premises, in the opinion of the Board, are satisfactory for the intended manufacture.]

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SCHEDULE B-1

[See rule 16(6)(b)]

REQUIREMENTS OF PLANT AND EQUIPMENT

(A) The following equipment is required for the manufacture of drugs for external appliances or suspense:--

(1) Mixing tanks where applicable.

(2) Katties, steam, gas or electrically heated.

(3) A suitable power driven mixer.

(4) Storage tanks or pots.

(5) A calloid mill or a suitable emulsifier or homogeniser, where applicable.

(6) A tripe-roller mill or an ointment mill, where applicable.

(7) Liquid filling equipment.

(8) Jar or tube filling equipment, where applicable.

Area of minimum of 200 square feet is required for the basic installation.

(B) The following equipment is required for manufacture of Syrups, Exlixirs and Solutions:--

(1) Mixing and storage tanks.

(2) Mixer.

(3) Filter press or other suitable filtering equipment such as metal filter or sparkled filter or also-pad filter.

(4) Water still or Deinoniser.

(5) Various liquid measures and weighing scale.

An area of maximum 300 square feet is required for the basic installations.

(C) Equipment for the manufacture of Pills and Compressed Tablets including Hypodermic Tablets. For efficient operation, the tablet production department shall be divided into the following three distinct and separate sections situated in different rooms:

(i) Granulating Section ;

(ii) Tableting Section ;

(iii) Coating Section.

The following equipment is required in each of the three sections:--

1. Granulating Section. (1) Disintegrator, where applicable.

(2) Power mixer granulation mixer with stainless steel cabinet parts.

(3) Granulator.

(4) Oven thermostatically controlled.

2. Tableting Section:--

(1) Tablet machine, single punch or rotary.

(2) Pill machine, where applicable.

(3) Punch and dyes storages cabinet.

The Tableting Section shall be free from dust and floating particles. For this purpose, it is desirable that each tablet machine is connected either to an exhaust system or isolated into cubicles.

3. Coating Section:--

(1) Jacketed kettle, or equivalent steam, gas or dectrically heated for preparing solution.

(2) Coating pan.

(3) Polishing pan, where applicable.

(4) Heater and exhaust system, where applicable.

The coating section shall be made dust-free and suitable exhaust provided to remove excess powder and the fumes resulting from solvent evaporation.

A total area of not less than 900 square feet for the three Sections is required for basic installations.

The manufacture of Hypodermic Tablets shall be conducted under aseptic conditions in a separate air-conditioned room, the walls of which shall be smooth and washable. The granulations, tableting and packing shall be done in this room.

(D) The following equipment is required for the manufacture of powders:--

(1) Disintegrator, where applicable.

(2) Mixer.

(3) Sifter or sieve.

(4) Stainless steel vessels and scoops of suitable material.

(5) Filling equipment.

In the case of operations involving floating particles of fine powder or dust a suitable exhaust system shall be provided. Workers shall be provided with suitable marks during operation.

If a manufacturer has a tablet section where the power of the granules can be manufactured: provided that such granules or powder or non-toxic, no separate equipment will be required for manufacture of such powder as granules.

(E) The following equipment is required for filing of Hard Gelatin Capsules:--

(1) Mixing and blending equipment.

(2) Capsule filling units.

An area of minimum of 200 square feet is required for the basic installations. The room shall be air-conditioned and also dehumidified wherever necessary.

(F) The following equipment is required for the manufacture of Surgical Dressings other than Absorbent Cotton Wool:--

(1) Rolling machine.

(2) Trimming machine.

(3) Cutting equipment.

(4) Folding and pressing machine for gauze.

(5) Mixing tanks for processing medicated dressings.

(6) Hot air drying ovens.

(7) Steam sterilizer or dry heat steriliser.

An area of minimum of 300 square feet is required for the basic installations. In case medicated dressings are to be manufactured, room with an area of minimum of 300 square feet shall be provided.

(G) The following equipment is required for the manufacture under aseptic conditions of Eye-Ointments, Eye-Drops, Eye-Lotions and other use:--

(1) Hot air oven electricity heated with thermostatic control.

(2) Kettle, gas or electrically heated with suitable mixing arrangement.

(3) Colloid mill or homogeniser.

(4) Tube filling equipment.

(5) Mixing and storage tanks of stainless steel or of other suitable material.

(6) Sintered glass funnel, seitz filter or filter candle.

(7) Liquid filling equipment.

(8) Autoclave.

An area of minimum of 250 square feet is required for the basic installation. The manufacture and filling shall be carried out in an air-conditioned room under aseptic conditions. The room shall be further dehumidified if preparations containing antibiotics are manufactured.

(H) The following equipment is required for the manufacture of Pessaries and Suppositories:--

(1) Mixing and pouring equipment.

(2) Moulding equipment.

An area of minimum of 200 square feet required for the basic installation.

In case of pessaries manufactured by granulation compression, if the licence does not have a tablet section, a separate area of minimum of 300 square feet and the following equipment is necessary:--

(1) Mixer.

(2) Granulator.

(3) Drier.

(4) Compressing machine.

(5) Pessary and tablet counter.

(J) The following equipment is required for the manufacture of inhalers and Vitrallae:

(1) Mixing equipment.

(2) Graduated delivery equipment for measurement of the medicament.

(3) Sealing equipment.

An area of minimum of 200 square feet is required for basic installations.

(J) The following equipment is required for the repacking installations of drugs and Pharmaceutical Chemicals:--

(1) Sifter.

(2) Stainless steel scops and vessels.

(3) Weighing and measuring equipment.

(4) Filling equipment.

An area of minimum of 300 square feet is required for basic packing operations. In the case of operations invoking floating particles of fine powder or dust, a suitable exhaust system should be provided.

(K) Requirements for the manufacture of parenteral preparations.--The whole process of the manufacture of parenteral preparations may be divided into the following separate operations:--

(a) Preparations of the container.--This includes, cutting, washing, drying sterilization of ampoules or vials prior to filling.

(b) Preparation of solution.--This includes preparation and filteration of solution.

(d) Sterilization.

(e) Testing.

The following basic hygienic requirements shall be complied with:--

(1) Strict sanitation shall be maintained throughout the entire plant in order to prevent contamination and to keep out pyrogens. Masks and overalls shall be worn wherever necessary.

(2) The preparation room where the solutions are prepared shall be of such a nature that may be kept scrupulously clean. This room shall be air-conditioned.

(3) The filing and sealing rooms shall likewise be air-conditioned under positive pressure with air locks provided to prevent the entry of air from outside. The walls and floors shall be such as may permit their being sprayed and washed with an antiseptic solution. The benches shall preferably have stainless steel or laminated plastic tops capable of being washed.

(4) In the room provided for aseptic filling and sealing, necessary measures for maintaining sterility and to preventing contamination shall be adopted.

(5) A separate room shall be provided for sterilization, testing (for leaks and floating particles) and drying.

(6) Finished products shall be stored in a suitable separate place.

The following equipment required:

Manufacturing Area:--

(1) Storage equipment for ampoules and vials.

(2) Ampoule washing and drying equipment.

(3) Dust proof storage cabinets.

(4) Water still.

(5) Mixing and preparation tanks or other containers. The tanks or containers shall be made of either glass or such material which will not react with the liquid.

(6) Filtering equipments such as filter pass or sintered glass funnel.

(7) Autoclave.

(8) Hot Air Steriliser.

Filling and sealing room:--

(9) Benches for filling and sealing.

(10) Filling and sealing unit.

Aseptic filling and sealing room:--

(11) Bacteriological filters such as seitz filter, candles or sintered glass filters.

(12) Filling and sealing unit.

General Room:--

(13) Inspection table with draft and light background.

(14) Leak testing equipment.

(15) Labelling and packing benches.

(16) Storage equipment including cold storage and refrigerators, if necessary.

Note I. The above requirements of this Schedule are subject to modifications at the discretion of the Central Licensing Board if it is of the opinion that having regard to the nature and extent of the manufacturing operations it is necessary to relax or alter in the circumstances of a particular case:

Provided that such variation shall be recorded in writing with reasons therefor and also communicated in writing to the manufacture for his record.

Note II. This Schedule gives equipment and space required for certain categories of drugs only. There are, in addition, other categories such as drugs miscellaneous pharmaceuticals such as Ferries Ammoni Citras, Potassium Citras, Glycerin, Paraffin, Oxygen gas, Disinfectant fluids, mechanical contraceptives, surgical cotton and tinctures which are not listed in this Schedule. The Central Licensing Board shall, in respect of such categories of drugs, have the discretion to examine the adequacy or otherwise of factory premises, space, plant, machinery and other requirements having regard to the nature and extent of the manufacture to carry out necessary modifications in them and, on the modification having been made, approve of the manufacture of such categories of drugs. Any drug so permitted to be manufactured by the Central Licensing Board shall be deemed to be an additional category of drug for the purpose of this Schedule.

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[SCHEDULE BI-A.

[See rule 16 (bb)-7]

CONDITIONS OF FACTORY PREMISES

1. Location and surrounding.--The premises should be away from drinking water sources and an area liable to flooding.

2. (a) Building.--Building should be provided with both good general ventilation and protection against direct sunlight, with easy access for fire-fighting equipment including fire-extinguishers, fire blankets, hose, reels and fire-alarm, etc. Sufficient water must be available for fire-fighting.

(b) Walls.--Walls as for as possible should be protected by non-flammable or slow burning material.

(d) Floors.--Floors should be impermeable to liquids, smooth and free from cracks. There should be no drains at all in plants and in warehouse. If drains are absolutely necessary they must not contract directly with waterways or public swears.

(e) Signs.--Signs indicating smoking restrictions, location of emergency kits, fire-fighting equipment, telephone and escape routes must be prominently displayed. Local exhaust system must be effective.

3. Personnel.--The void intoxication by skin contact, inhalation of fumes. Vapours and dust, accidental ingestion, the protected clothing and equipments, e.g. protective helmet or cloth cap, eye protection (safety spectacles, goggles or face shield) dust or light fume makes, one piece work suit with closely fitting trouser bottoms, rubber or plastic gloves or gauntlets, rubber or plastic apron, and workboots with protective toecaps, must be provided.

Staff must not be allowed to go home wearing the same clothing they wore at work; emergency showers and eye washing facilities must be provided in the premises. Safety instructions should be strategically displayed in local language. All emergency and safety equipment must be frequently and regularly checked and maintained to ensure its conditions satisfactory.

4. Medical Services.--There must be pre-employment medical examination for all staff members whether working permanently or on contract basis. When organophosphates or carbamates are handled pre-exposure baseline blood cholinesterase level must be determined for all operational staff. Staff regularly engaged in formulation and placing procedures and maintenances must have their cholinesterase levels checked regularity and detailed records must be kept. The checks should be carried out by a property equipped hospital or laboratory under qualified expert.

"Levels of cholinesterse actively should be interpreted by a doctor, but the following guide might be helpful:--

(i) A decrease of more than 20% in blood cholinesterase activity from the pre-exposure value indicates that the cause should be investigated.

(ii) A decrease of more than 40% in blood cholinesterase activity from the pre-exposure value indicates that the worker concerned should be removed from further exposure to organophosphates or carbamates.

Workers should not be exposed against to cholinesterase inhibiting compounds until further tests show a blood cholinesterase activity within 20% of the pre-exposure value.]

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SCHEDULE B-II

[See rule 20(a)]

REQUIREMENTS AND CONDITIONS OF GOOD PRACTICES IN THE MANUFACTURE AND QUALITY CONTROL OF DRUGS

1. Personnel.--(1) All workers shall be free from contagious or obnoxious diseases. Their clothing shall consist of uniform suitable to the nature of work and shall be clean. Adequate facilities for personal cleanliness, such as, clean towels, scope and hand scrubbing brushes shall be provided separately for each sex.

(2) The workers shall be required--

(a) to wash and change into clean overalls before entering the rooms where the manufacturing operations require such a persecution;

(b) to wear either a clean cap or suitable head-wear so as to avoid any possibility of contamination by air or precaution;

(c) to cover the nostrils and mouth with suitable mask when engaged in filling and sealing of container for parenternal preparations or in powder or tablet granulation;

(d) were cotton gloves when filling tablets or capsules, when filled by hand.

2. Medical Services.--The manufacturer shall provide--

(a) adequate facilities for first-aid;

(b) medical inspection of workers at the time of employment and periodical check up thereafter at least once a year;

(d) measure to avoid industrial accident and to protect the health of the workers against hazards.

3. Sanitation.--(1) The manufacturing premises shall be kept clean, orderly and free from accumulated waste and vermin. A written sanitation programme shall be available, indicating--

(a) areas to be cleaned and clearing intervals;

(b) cleaning procedures to be followed and, where necessary, materials and equipment to be used for cleaning; and

(2) Eating, smoking and unhygienic practices shall not be permitted in the manufacturing area.

4. Equipment.--(1) Manufacturing equipment shall be designed and maintained in such a way as to--

(a) be suitable for its intended use;

(b) facilities through cleaning wherever necessary;

(2) Weighting and measuring equipment used in the manufacture and quality control shall be of appropriate accuracy in relation to the work being carried out and shall be caliberated and checked and suitable intervals by appropriate methods by a responsible person and adequate record of such tests shall be maintained.

(3) Manufacturing equipment and utensils shall be thoroughly cleaned and, when necessary, sterilized and maintained in a reasonably good condition in accordance with specific written directions to be given by the manufacturer and such directions should also indicate as to when the equipment and utensils should be disassembled and thoroughly cleaned so to preclude the carry-over of drug residues from previous operations; and adequate of such procedure shall be maintained.

(4) Equipment used for aspetic filling shall be checked regularly to ensure that it has been properly sterilized to avoid any microbial contamination.

5. Starting materials.--(1) An inventory shall be made of all starting materials to be used at any stage in the manufacture of drugs, and records shall be kept of the supplier, the origin, if possible, date of receipt, date of analysis, date of release by the quality control department, and their subsequent use in the manufacture.

(2) All starting materials shall be--

(a) identified, and their containers examined for damage;

(b) properly stored in quarantine;

(d) tested for compliance with their specifications and shall be marked to indicate that they are undergoing testing; and

(e) released from quarantine by the quality control department by means of written instructions.

(3) Staring materials that are accepted or approved shall be properly and conspicuously labelled as such, and shall then be transferred, if necessary, to areas designed for the storage of such materials.

(4) All rejected starting materials shall be conspicuously identified as such, and be segregated from other materials and be detroyed or returned to the supplier as soon as possible.

6. Manufacturing operations.--(1) All manufacturing operations and controls shall be carried out under the supervision of the expert appointed for the purpose.

(2) Before any manufacturing operation is begun a check shall be made to ensure that all apparatus and equipment to be used in the operation has been cleaned, sterilized or cleaned and setrilized, as the case may be.

(3) All equipment for various manufacturing operations, as approved at the time of obtaining drug manufacturing licence, shall be kept at the factory premises unless otherwise permitted by the Central Licensing Board:

Provided that any such equipment may be removed from the factory premises for the purpose of repair and the record of such removal shall be kept at the factory premises.

(4) The contents of all vessels and containers used in the manufacture and storage between manufacturing stages shall be identified by conspicuously placing clearly legible labels, bearing the name or identification code of the processed materials and the necessary batch identification data. Such labels shall, whenever practicable, be attached to mechanical manufacturing equipment during its operation, listing the name or identification code of the manufactured product and where necessary, its batch identification.

(5) All manufacturing operations shall be confined to separate areas intended for such purposes, with complete equipment used exclusively, in those areas; or measures should be taken to ensure that neither contamination for confusion or mix up can occur.

(6) Sterile operations shall be performed in areas specially designed and constructed for their intended purposes whenever the different operations are not physically separated and there is a possibility that unsterilized products might be confused; all containers of batches of products for sterilization shall bear a clear indication of whether or not their contents have been sterilized.

(7) All dust producing operations in which highly potent drugs, including antibiotics, are weighted, mixed, micronized, encapsulated, formed, into tablets, placed in containers, etc., should be conducted in confined areas.

(8) In manufacturing areas, clean working garments should be worn.

(2) Products that undergo sterile operations shall be protected from contamination by either (a) using methods as Laminar flow techniques, or (b) ensuring that personnel wear clean, sterile gown, head convernigs, masks, rubber gloves and shoe coverings. Before dressing and entering sterile areas, personnel shall wash their hands with a suitable disinfectant.

(10) Documents relating to manufacturing procedures for each drug shall be prepared under the direct supervision of experts who have the necessary authority and shall contain at least the following information for each drug,--

(a) name and presentation;

(b) a description or identification of the final containers, packing materials and labels;

(c) the identity, quantity and quality of each starting material to be used, irrespective of whether or not it appears in the finished drug the permissible excess (overage) that may be included in a formulated batch shall be indicated;

(d) the theoretical yields to be expected from the formulations and the permissible yields limits;

(e) detailed instructions for, and precautions to be taken in; manufacturer and storage of the drug and of half finished products; and

(f) description of all necessary quality control tests and analysis to be carried out during various stages of manufacture including the designation of persons responsible for the execution of such tests and analysis.

(11) Manufacturing records shall provide a complete account of the manufacturing history each batch of a drug, showing that it has been manufactured, tested and analysed in accordance with the manufacturing, procedure at written instructions.

7. Labelling and packaging.--(1) Labelling and packaging materials, including leaflets shall be stored and handled in such a way as to ensure that labels, packagings materials and leaflets relating to different products do not become inter-mixed and access to such materials shall be restricted to authorized personnel.

(2) Prior to being issued, and labels for containers, cartons and boxes and all circulars, inserts and leaflets shall be examined and declared as satisfactory for use by the Quality Control Department.

(3) To prevent packaging and labelling errors, a known number of labelling and packing units shall be issued and, if required, coded. Such issuance shall be made against written and signed request that indicates the quantity and type required. Upon completion of the packaging, labelling operation, a comparison shall be made between the number and packaging units issued and the number of items labelled and packages plus the number of units not used. All units of labelling and packaging with batch shall be destroyed. Any significant or unusual discrepancy in the number shall be carefully investigated.

8. Quality Control System.--(1) The Quality Control Department shall control all starting materials, monitor the quality aspect of manufacturing operations and ensure the quality and stability of the drugs.

(2) The Quality Control Department shall have the following principal duties:--

(i) to prepare and issue detailed instructions in writing for carrying out each test and analysis;

(ii) to release or reject each batch of starting materials;

(iii) to release or reject half finished products, if any;

(iv) to control and release packaging and labelling materials and the final containers in which drugs are to be placed.

(v) to evaluate the adequacy of the conditions under which starting materials, "in process" products, and finished drugs are stored;

(vi) to evaluate the quality and stability of finished drugs and when necessary of starting materials and half finished products;

(vii) to establish expiry dates and shelf-life specifications, wherever necessary, on the basis of stability test related to storage conditions;

(viii) to establish and, when necessary, revise control procedures and specifications; and

(xi) to be responsible for the examination of returned drugs to determine whether such drugs should be released, processed or destroyed. Adequate records of the disposition of such drugs shall be maintained.

(3) In order to fulfil its responsibilities, the Quality Department shall take samples in sufficient quantities, according to established procedures and keep appropriate analytical records. The samples shall be properly labelled and portions thereof shall be kept for future reference.

(4) The Quality Control Department shall maintain adequate analytical records concerning the examination of a samples taken and such records shall include.

------------------

SCHEDULE B-III

[See rule 20(b)]

1. PARTICULARS TO BE SHOWN IN MANUFACTURING RECORDS

(A) Substances parenteral preparation in general:--

1. Serial number.

2. Name of the drug.

3. Batch size.

4. Batch number.

5. Date of commencement of manufacture and date when manufacture was completed.

6. Name of all ingredients, quantities required for the batch size, quantities actually used. (All weighings and measurements shall be checked initiated by the competent person in the section.

7. Control reference numbers in respect of raw materials used informulation.

8. Date of mixing in case of dry products, e.g., powder, powder mixture for capsule products, etc.

9. Date of granulation wherever applicable.

10. Weight of granules.

11. Date of compression in case of tablets/date of filling in case of capsules.

12. Dates of coating wherever applicable.

13. Records of test to be carried out in case of tablets as under:--

(a) Average weight every thirty minutes.

(b) Disintegration time as often as practicable.

14. Records of readings taken to check weight variation in case of capsules.

15. Reference to Analytical Report number stating whether of standard quality or otherwise.

16. Records on the disposal of rejected batches and batches withdrawn from the market.

17. Actual production and packing particulars indicting the size and quality of finished packings.

18. Date of release of finished packings for distribution or sale.

19. In case of Hypodermic tablets and ophthalmic preparations which are required to be manufactured under aseptic conditions, records shall be maintained indicating the precautions taken during the process of manufacture to ensure that aseptic conditions are maintained.

20. Signature of the expert staff responsible for the manufacture.

(B) Parenteral preparations:--

1. Serial number.

2. Name of the drug.

3. Batch size.

4. Batch number (if bulk is divided into various batches and processed separately, a batch number distinctly different from that of the bulk lot should be assigned to each of the processed batch).

5. Dated of commencement of manufacture and date of completion.

6. Name of all ingredients, quantities required for the lot size, quantities actually used. All weighings and measurements shall be checked and initiated by the competent person in the section).

7. Control reference numbers in respect of raw materials used.

8. PH of the solution wherever applicable.

9. Date and methods of filtration.

10. Sterility test reference on bulk batch wherever applicable. (If bulk lot is divided into various batches and processed separately, a batch number distinctly different from that of the bulk lot should be assigned to each of the processed batch.

11. Date of filling.

12. Records of tests employed:--

(a) To ensure that sealed ampules are leak-proof.

(b) To check to presence of foreign particles.

13. Records of sterlisation in case of parenteral preparations which are heat sterilised including particulars of time temperature and pressure employed.

14. Number and size of containers filed and number rejected.

15. Reference to Analytical Report numbers stating whether of standard quality or otherwise.

16. Records of the disposal of rejected batch and batches withdrawn from the market.

17. Actual production and packing particulars.

18. Date of release finished packings for distribution or sale.

19. Particulars regarding the precautions taken during manufacture to ensure that aseptic conditions are maintained.

20. Control reference numbers in respect of the lot of glass containers used for filling.

21. Signature of the expert staff responsible for manufacture.

II. RECORDS OF RAW MATERIALS

Records in respect of each raw materials shall be maintained indicating the quantity received, control reference members, the quantities issued from time to time, the names and batch Nos. of the products for the manufacture of which the quantities have been issued and the particulars relating to the proper disposal of the stocks.

III. PARTICULARS TO BE RECORDED IN THE ANALYTICAL RECORDS

(A) Tablets and capsules:--

1. Analytical report number.

2. Name of the sample.

3. Date of receipt of sample.

4. Batch number.

5. Protocols of test applied:--

(a) Description.

(b) Indentification.

(d) Uniformity of diameter (if applicable).

(e) Disintegration test (time in minutes).

(f) Any other tests.

(g) Results of assay.

Note.--Records regarding various tests applied (including reading and calculation) should be maintained and necessary reference to these records should be entered in Serial No. 5 whenever, necessary.

6. Signature of the Analyst.

7. Opinion and signature of the approved Analyst.

(B) Parenteral preparations:--

1. Analytical report number.

2. Name of the sample.

3. Batch number.

4. Date of receipt of sample.

5. Number of containers filled.

6. Number of containers packed.

7. Protocols of tests applied:--

(a) Clarity.

(b) PH wherever applicable.

(d) Volume in container.

(e) Sterility. (i) Bulk sample wherever applicable, (ii) container sample.

(f) Pyrogen test, wherever applicable.

(g) Toxicity test, wherever applicable.

(h) Any other tests.

(i) Results of assay.

Note.--Records regarding various tests applied (including readings and calculations) should be maintained and necessary reference to these records should be entered in Serial No. 7, wherever necessary.

8. Signature of the Analyst.

9. Opinion and signature of the approved Analyst Pyrogen Tests:--

1. Test report number.

2. Name of the sample.

3. Batch number.

4. Number of rabbits used.

5. Weight of each rabbit.

6. Normal temperature of each rabbit.

7. Mean initial temperature of each rabbit.

8. Dose and volume of solution injected into each rabbit and time of injection.

9. Temperature of each rabbit noted at suitable intervals.

10. Maximum temperature.

11. Response.

12. Summoned response.

13. Signature of the Analyst.

14. Opinion and signature of the approved Analyst.

Toxicity Test:--

1. Test report number.

2. Name of the sample.

3. Batch number.

4. Number of mice used and weight of each mouse.

5. Strength and volume of the drug injected.

6. Date of injection.

7. Results and remarks.

8. Signature of Analyst.

9. Opinion and signature of the approved Analyst.

1. Analytical report number.

2. Name of the sample.

3. Batch number.

4. Date of receipt of sample.

5. Protocols of tests applied:--

(a) Description.

(b) Identification.

(d) Results of assay.

Note.--Particulars regarding various tests applied (including readings and calculations) shall be maintained and necessary reference to these records shall be entered in Serial No. 5 wherever, necessary.

6. Signature of the Analyst.

7. Opinion and signature of the approved Analyst.

(D) Raw materials:--

1. Serial number.

2. Name of the material.

3. Name of the manufacture/supplier.

4. Quantity received.

5. Invocie/Challan number and date.

6. Protocols of tests applied.

(E) Container, packing material etc:--

1. Serial number.

2. Name of the item.

3. Name of the manufacturer/supplier.

4. Quantity received.

5. Invoice/Challan number and date.

6. Results of tests applied.

Note.--Particulars regarding various test applied shall be maintained and necessary reference to these records shall be entered in Serial No. 6 wherever necessary.

7. Remarks.

8. Signature of the examiner.

Note 1.--The foregoing provisions represent the minimum requirements to be complied with by the licence. The General Licensing Board may, however, direct the nature of records to be maintained by the licensee for such drugs as are not covered by the categories described in this Schedule.

Note 2.--The Central Licensing Board may permit the licensee to maintain records in such manner as are considered satisfactory, provided the basic requirements laid down in the Schedule are complied with.

Note 3.--The Central Licensing Board may as its discretion direct the licensee to maintain records for such additional particulars as it may consider necessary in the circumstances of a particulars case.

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[SCHEDULE C

[See rule 16 (c) (iii) and (e)]

1. Sera.

2. Solution of serum proteins intended for injunction.

3. Vaccines.

4. Toxins.

5. Antigen.

6. Antitoxins.

7. Insulin.

8. Pituitary (Posterior Lobe) Extract.

9. Sterilized surgical signature and sterilized surgical suture.

10. Bacteriophages].

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[SCHEDULE D

[See rule 17(1)]

DRUGS FOR REPACKING

1. Aluminium Hydroxide Gel Dried.

2. Ammonium Bicarbonate.

3. Ammonium Chloride.

4. Ammonium Carbonate.

5. Benzoic Acid.

6. Bismuth Carbonate.

7. Bismuth Subnitrate.

8. Boric Acid.

9. Borax.

10. Caffeine and its salts.

11. Calamine.

12. Calcium Carbonate.

13. Calcium Lactate.

14. Calcium Gluconate.

15. Calcium Hydroxide.

16. Castor Oil.

17. Cetrimide Powder.

18. Chloral Hydrate.

19. Ephedrine Hydrochloride.

20. Ephedrine Sulphate.

21. Ferrous Sulphate.

22. Ferric Ammonium Citrate.

23. Gentian Violet.

24. Glycerin.

25. Iodine.

26. Ichthammol.

27. Kaolin.

28. Liquid Paraffin Heavy.

29. Magnesium Carbonate.

30. Magnesium Hydroxide.

31. Magnesium Sulphate.

32. Methylene Blue.

33. Magnesium Trisilicate.

34. Methyl Salicylate.

35. Phenothlazine (B. VET. C.).

36. Pix Carb.

37. Potassium Acetate.

38. Potassium Bromide.

39. Potassium Bicarb.

40. Potassium Chloride.

41. Potassium Citrate.

42. Potassium lodine.

43. Potassium Permanganate.

44. Procaine Hydrochloride.

45. Pulv Gentian.

46. Resorcin.

47. Salicylic Acid.

48. Sentonin.

49. Sena.

50. Sodium Benzoate.

51. Sodium Bicarbonate.

52. Sodium Chloride.

53. Sodium Bromide.

54. Sodium Carbonate.

55. Sodium Citrate.

56. Sodium lodide.

57. Sodium Metabisuphite.

58. Sodium Potassium Tartrate.

59. Sodium Salicylate.

60. Sodium Sulphate.

61. Sodium Thiosulphate.

62. Soft yellow Paraffin.

63. Sulphonilamide Powder (B.VET.C.).

64. Sulphur Precipitated.

65. Sulphur Sublime.

66. Tannic Acid.

67. Zinc Oxide.

68. Zinc Sulphate.

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[SCHEDULE D-I

[See rule (31) 1]

Household remedies including--

Analgesics:

Aspirin and Paracetmol in tables and liquid forms.

(2) Analgesic Balms/Plasters.

(3) Antiseptics and disinfectants for household use, excluding those containing hormone and antibiotics.

(4) Antidandruff preparations.

(5) Dental preparations.

(6) Antacid and carminatives.

Compound Effervescent Salts, [Gripe Waters], Milk of Magnesia.

(7) Simple cough preparations.

Drugs containing antihistamines and antibiotics or those drugs which are known to be toxic to the human body or are habit forming do not fall under this group.

(8) Contraceptives.

(9) Miscellaneous.

Fish Liver Oil and its equivalents.]

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SCHEDULE E

[See rule 31 (10)]

DISEASES, ADVERTISEMENT FOR TREATMENT

OF WHICH IS PROHIBITED

1. [Omitted vide S.R.O 871 (1)/78, dated 8th July, 1978.]

2. [Omitted vide S.R.O. 871(1)/78, dated 8th July, 1978]

3. Venereal diseases.

4. Sexual importance.

5. Amenorrhoea materorrhagia, memorthagia, metrosalpingitis, ovaritis, fibromas, cysts.

6. Bright's disease, cataract, glaucoma, epilepsy, [....] lacomotive ataxia, multiple sclerosis, lupus, paralysis, blindness.

7. Complaints requiring surgical operation (e.g., appendicitis, stomach ulcers, prostatic disorders, hernias, sinusitis, mastodities.

8. Serious illness liable to endanger the life of the patient (e.g., pneumonai, pleurisy, abscess of the lungs).

[9. Gripe Waters";]

[SCHEDULE F

[See rule 5(2)]

I. DRUG MANUFACTURING LICENCE FEE

(a) For the grant of licence:--

Type of licence Fee

By way of basic Rs. 5,000

By way of semi-basic Rs. 10,000

By way of formulation Rs. 10,000

By way of repacking. Rs. 03,000

(b) For the renewal of licence

(i) If the application for renewal is made before the expiry of the period of validity of licence.

Type of licence Fee

By way of basic Rs. 2,500

By way of semi-basic Rs. 5,000

By way of formulation Rs. 5,000

By way of repacking. Rs. 1,500

(ii) If the application for renewal is made after the expiry of the period of validity of licence but within sixty days after expiry of the period of validity:--

Type of licence Fee

By way of basic Rs. 5,000

By way of semi-basic Rs. 10,000

By way of formulation Rs. 10,000

By way of repacking. Rs. 03,000

[See rule 26(3)]

II. DRUG REGISTRATION FEE

(A) For the grant of Registration Rs. 5,000

(B) For the renewal of Registration.

(i) If the application for renewal is made before the expiry of the validity of a certificate. Rs. 2,500

(ii) If the application for renewal is made within thirty days after the expiry of the period of validity of a certificate. Rs. 5,000

[See rule 31(1)(A) and (1-B)]

III. DRUG ADVERTISEMENT FEE

Application fee for advertisement Rs. 1,000 per advertisement.]

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SCHEDULE G

[See rule 30(11)]

ETHICAL CRITERIA FOR MEDICINAL DRUG PROMOTION

1. Promotion of drugs.--(1) For the purposes of the Schedule, "promotion" means all informational and persuasive activities by manufacturer and distributors, the effect of which is to induce the prescription, supply purchase and/or use of medicinal drugs.

(2) All claims concerning a drug for the purposes of promotions shall be reliable, accurate, truthful, informative, balanced, up-to-date, capable of substantiation and in good taste. Such claims shall not contain misleading unverifiable statements, omissions likely to induce medically unjustifiable use of a drug or to give rise to undue risks. The word "safe" shall not be used with respect to promotion unless properly qualified. Comparison of products shall be factual, fair and capable of substantiation. Promotional material shall not be designed so as to disguise its real nature.

(3) Scientific data in the public domain shall be made available, on request, to prescribers and any other person entitled to receive it as appropriate to their requirements. Promotion in the form of financial or material benefits shall not be offered to or sought by health care practitioners to influence them in the prescription of drugs.

2. Advertisements in any form made to physicians and health-related professionals.--(1) The wording and illustrations in advertisements to physicians and related health professionals shall be fully consistent with the approved scientific data sheet for the drug concerned or other source of information with similar content. The text shall be fully legible.

(2) While introducing the drug to the physician for the first time it shall contain full product of information, on the basis of the approved scientific data sheet or similar document and shall contain, among others, the following information:-

(a) The generic name(s) of the active ingredient(s);

(b) the content of active ingredient(s) per dosage form or regiment;

(d) the approved therapeutic uses;

(e) dosage form or regimen;

(f) side effects and major adverse drug reactions;

(g) precautions, contra-indications and warnings;

(h) major interactions;

(i) the name and address of manufacturer or distributor; and

(j) reference to appropriate scientific literature.

(3) Reminder advertisements shall include, amongst other, at least the international non-proprietary name or generic name, the name of each active ingredient, and the name and address of the manufacturer or distributor for the purpose of receiving further information.

3. Advertisements in any form to the general public.--(1) Advertisements to the general public, where permissible, shall help people to make rational decisions on the use of drugs determined to be legally available without a prescription. While advertisements shall take account of people legitimate desire for information regarding their health they shall not take undue advantage of a people's concern about their own health. Advertisement shall not generally be permitted for prescription drugs or to promote drugs for certain serious conditions that can be treated only by qualified health practitioners. The scheduled narcotic and psychotropic drugs shall not be advertised to the general public in connection with fight against drug addiction and dependency. Although health education aimed at children is highly desirable drug advertisements shall not be directed at children. Promotional material shall be factual and claims for cure, prevention or relief of an ailment shall be made only if this can be substantiated. Advertisements shall also indicate, where applicable, appropriate limitations to use of the drug.

(2) When lay language is used, the information shall be consistent with the approved scientific data or other legally determined scientific basis for the approval Language which brings about fear or distress shall not be used.

(3) Taking into account the media employed, advertisements to the general public may amongst others, other, contain, the following information:--

(a) The generic name(s) of the active ingredient(s);

(b) major indication(s) for use;

(d) name of manufacturer or distributor.

(4) Information on price to the consumer shall be accurately and honestly portrayed.

4. Medical representatives.--(1) Medical representatives shall have an appropriate educational background. They shall be adequately, trained so as to possess sufficient medical and technical knowledge and integrity to present information on products and carry out other promotional activities in an accurate and responsible manner. Employers shall be responsible for the basic and continuing training of their representatives. The training shall include instructions regarding appropriate ethical conduct taking into consideration the W.H.O. criteria.

(2) Medical representatives shall make available to prescribers and dispensers complete and unbiased information for each product discussed, such as an approved scientific data or other source of information with similar content.

(3) Employers be responsible for the statements and activities of their medical representatives. Medical representative shall not offer inducements to prescribers and dispensers. Prescribers and dispensers shall not solicit such inducements. In order to avoid over-promotion, the main part of the remuneration of medical representatives shall be directly related to the volume of sales they generate.

5. Free samples of prescription drugs for promotional purposes.--Free samples of drugs may be provided in modest quantities to prescribers preferably on request.

6. Free samples of non-prescription drugs to the general public for promotional purposes.--There shall be no free sampling of non-prescription drug to the general public for promotional purposes.

7. Symposia and other scientific meetings.--The intimation regarding scientific symposia, seminars, conferences and such meetings where sponsored by a pharmaceutical manufacturer or distributor shall be clearly communicated in advance. The invitation letter should accurately reflect the presentations and discussions to be held. Entertainment or other hospitality, offered to members of the medical and allied profesisons shall be secondary to the main purpose of the meeting and shall be kept to a modest level.

8. Post-marketing scientific studies, surveillance and dissemination of information.--(1) The Registration Board shall be made aware of any post-marketing clinical trials for drugs that are conducted and the results thereafter as soon as possible.

(2) Post-marketing scientific studies and surveillance shall not be misused as a disguised form of promotion.

(3) Substantiated information on hazards associated with the drug shall be reported to the Registration Board as a priority.

9. Packaging and labelling.--Appropriate information being important to ensure the rational use of drugs, all packaging and labelling material shall provide information consistent with the approved by the Registration Board and if no such approval is available it shall be, consistent with that approved by the drug regulatory authority of the country from which the drug is imported or other reliable sources of information with similar content. Any wording and illustration on the package and label shall conform to the principles of ethical criteria enunciated in this Schedule.

10. Information for patients contained in package interest, leaflets and booklets.--(1) Adequate information on the use of drugs shall be made available to the patients where it is necessary for rational use of a drug. In package inserts or leaflets the manufacturers or distributors shall ensure that the information reflected is correct. If package inserts or leaflets are used for promotional purposes, they shall comply with the ethical criteria enunciated in this Schedule. The wording of the package inserts or leaflets, if prepared specially for patients, shall be in lay language subject to the conditions that the medical and scientific content is properly reflected.

(2) In addition to approved package inserts and leaflets wherever available the preparation and distribution of booklets and other informational material for patients and consumer shall also comply with the ethical criteria enunciated in this Schedule.]

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THE

EASEMENTS ACT, 1882

[ACT NO. V OF 1882]

[17th February, 1882]

An Act to define and amend the law relating to Easements and Licences.

Preamble.--WHEREAS it is expedient to define and amend the law relating to easements and licences; it is hereby enacted as follows:

PRELIMINARY

1. Short title.--This Act may be called the Easements Act, 1882.

[Local Extent]. Omitted by A. O., 1949, Schedule.

Commencement.--And it shall come into force on the first day of July, 1882.

2. Savings.--Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from--

(a) any right of the Government to regulate the collection, retention and distribution of the water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water following, collected, retained or distributed in or by any channel or other work constructed at the public expenses for irrigation;

(b) any customary or other right (not being a licence) in or over immovable property which the Government, the public or any person may possess irrespective of other immovable property; or

3. Construction of certain references to Act XV of 1877 and Act IX of 1871.--All references in any Act or Regulation to Sections 26 and 27 of the Limitation Act, 1877 (XV of 1877) or to Sections 27 and 28 of Act No. IX of 1871 shall, in the territories to which this Act extends, be read as made to Sections 15 and 16 of this Act.

CHAPTER-I

Of Easements Generally

4. "Easement" defined.--An easement is a right which the owner or occupier of certain land possesses, as such for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

Dominant and servient heritages and owners.--The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.

Explanation.--In the first and second clauses of this section, the expression "land" includes also things permanently attached to the earth.--The expression "beneficial enjoyment" includes also possible convenience, remote advantage, and even a mere amenity; and the expression "to do something" includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage or anything growing or subsisting thereon.

Illustrations

(a) A, as the owner of a certain house, has a right of way thither over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.

(b) A, as the owner of a certain house, has a right to go on his neighbour B's land, and to take water for the purposes of his household out of a spring therein. This is an easement.

(c) A, as the owner of a certain house, has the right to conduct water from B's stream to supply the fountains in the garden attached to the house. This is an easement.

(d) A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on B's field, or to take, for the purpose of being used in the house, by himself, his family, guests lodgers and servants, water or fish out of C's tank, or timber out of D's wood or to use, for the purpose of manoeuvring his land, the leaves which have fallen from the trees on E's land. These are easements.

(e) A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and re-passing. This right is not an easement.

(f) A is bound to cleanse a watercourse running through his land and keep it free from obstruction for the benefit of B, a lower riparian owner. This is not an easement.

5. Continuous and discontinuous, apparent and non-apparent easements.--Easements are either continuous or discontinuous, apparent or non-apparent.

A continuous easement is one whose enjoyment is, or may be continual without the act of man.

A discontinuous easement is one that needs the act of man for its enjoyment.

An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him.

A non-apparent easement is one that has no such sign.

Illustrations

(a) A right annexed to B's house to receive light by the windows without obstruction by his neighbour A. This is a continuous easement.

(b) A right of way annexed to A's house over B's land. This is a discontinuous easement.

(c) Rights annexed to A's land to lead water thither across B's land by an acqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements.

(d) A right annexed to A's house to prevent B from building on his own land. This is a non-apparent easement.

6. Easement for limited time or on condition.--An easement may be permanent, or for a term of years or other limited period, or subject to periodical interruption, or exercisable only at a certain place, or at certain times or between certain hours, or for a particular purpose, or on condition that it shall commence or become void or voidable on the happening of a specified event or the performance or non-performance of a specified act.

7. Easements restrictive of certain rights.--Easements are restrictions of one or other of the following rights (namely):--

(a) Exclusive right to enjoy.--The exclusive right of every owner of immovable property (subject to any law for the time being in force) to enjoy and dispose of the same and all products thereof and accessions thereto.

(b) Rights to advantages arising from situation.--The right of every owner of immovable property (subject to any law for the time being in force) to enjoy without disturbance by another the natural advantages arising from its situation.

Illustrations of the rights above-referred to

(a) The exclusive right of every owner of land in a town to build on such land, subject to any municipal law for the time being in force.

(b) The right of every owner of land that the air passing thereto shall not be unreasonably polluted by other persons.

(c) The right of every owner of a house that his physical comfort shall not be interfered with materially and unreasonably by noise or vibration caused by any other person.

(d) The right of every owner of land to so much light and air as pass vertically thereto.

(e) The right of every owner of land, that such land, in its natural condition, shall have the support naturally rendered by the "subjacent and adjacent" soil of another person.

Explanation.--Land is in its natural condition when it is not excavated and not subjected to artificial pressure; and the "subjacent and adjacent soil" mentioned in this illustration means such soil only as in its natural condition would support the dominant heritage in its natural condition.

(f) The right of every owner of land that, within his own limits, the water which naturally passes or percolates by, over or through his land shall not, before so passing or percolating, be unreasonably polluted by other persons.

(g) The right of every owner of land to collect and dispose within his own limits of all water under the land which does not pass in a defined channel and all water on its surface which does not pass in a defined channel.

(h) The right of every owner of land that the water of every natural stream which passes by, through or over his land in a defined natural channel shall be allowed by other persons to flow within such owner's limits without interruption and without alteration in quantity, direction, force, or temperature; the right of every owner of land abutting on a natural lake or pond into or out of which a natural stream flows, that the water of such lake or pond shall be allowed by other persons to remain within such owner's limits without material alteration in quantity or temperature.

(i) The right of every owner of upper land that water naturally rising in, or falling, on such land, and not passing in defined channels, shall be allowed by the owner of adjacent lower land to run naturally thereto.

(j) The right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for drinking, household purposes and watering his cattle and sheep; and the right of every such owner to use and consume its water for irrigating such land and for the purposes of any manufactory situate thereon:

Provided that he does not thereby cause material injury to other like owners.

Explanation.--A natural stream is a stream, whether permanent or intermittent, tidal or tideless, on the surface of land or underground which flows by the operation of nature only and in a natural and known course.

8. Who may impose easements.--An easement may be imposed by any one in the circumstances, and to the extent, in and to which he may transfer his interest in the heritage on which the liability is to be imposed.

Illustrations

(a) A is tenant of B's land under a lease for an unexpired term of twenty years, and has power to transfer his interest under the lease. A may impose an easement on the land to continue during the time that the lease exists or for any shorter period.

(b) A is tenant for his life of certain land with reminder to B absolutely. A cannot, unless with B's consent, impose an easement thereon which will continue after the determination of his life interest.

(c) A, B and C are co-owners of certain land. A cannot, without the consent of B and C, impose an easement on the land or on any part thereof.

(d) A and B are lessees of the same lessor, A of a field X for a term of five years, and B of a field Y for a term of ten years. A's interest under his lease is transferable; B's is not. A may impose on X, in favour of B, a right of way terminable with A's lease.

9. Servient owners.--Subject to the provisions of Section 8, a servient owner may impose on the servient heritage any easement that does not lessen the utility of the existing easement. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.

Illustrations

(a) A has, in respect of his mill, a right to the uninterrupted flow thereto from sunrise to noon of the water of B's stream. B may grant to C the right to divert the water of the stream from noon to sunset.--Provided that A's supply is not thereby diminished.

(b) A has in respect of his house, a right of way over B's land. B may grant to C, as the owner of a neighouring farm, the right to feed his cattle on the gross growing on the way.--Provided that A's right of way is not thereby obstructed.

10. Lessor and mortgagor.--Subject to the provisions of Section 8 a lessor may impose, on the property leased, any easement that does not derogate from the rights of the lessee as such, and a mortgagor may impose, on the property mortgaged, any easement that does not render the security insufficient. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee impose any other easement on such property, unless it be to take effect on the termination of the lease or the redemption of the mortgage.

Explanation.--A security is sufficient within the meaning of this section unless the value of the mortgaged property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the amount for the time being due on the mortgage.

11. Lessee.--No lessee or other person having a derivative interest may impose on the property held by him as such an easement to take effect after the expiration of his own interest, or in derogation of the right of the lessor or the superior proprietor.

12. Who may acquire easements.--An easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created or on his behalf, by any person in possession of the same.

One or two or more co-owners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property.

No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or over the property comprised in his lease.

13. Easements of necessity and quasi-easements.--Where one person transfers or bequeaths immovable property to another,--

(a) if an easement in other immovable property of the transferor or testator is necessary for enjoying the subject of the transfer or bequest, the transferee or legatee shall be entitled to such easement; or

(b) if such an easement is apparent and continuous and necessary for enjoying the said subject as it was enjoyed when the transfer or bequest took effect, the transferee or legatee shall, unless a different intention is expressed or necessarily implied, be entitled to such easement;

(c) if an easement in the subject of the transfer or bequest is necessary for enjoying other immovable property of the transferor or testator, the transferor or the legal representative of the testator shall be entitled to such easement; or

(d) if such an easement is apparent and continuous and necessary for enjoying the said property as it was enjoyed when the transfer or bequest took effect, the transferor, or the legal representative of the testator, shall, unless a different intention is expressed or necessarily implied, be entitled to such easement.

Where a partition is made of the joint property of several persons,

(e) if an easement over the share of one of them is necessary for enjoying the share of another of them, the latter shall be entitled to such easement, or

(f) if such an easement is apparent and continuous and necessary for enjoying the share of the latter as it was enjoyed when the partition took effect, he shall, unless a different intention is expressed or necessarily implied, be entitled to such easement.

The easements mentioned in this section, clauses (a), (c) and (e), are called easements of necessity.

Where immovable property passes by operation of law, the persons from and to whom it so passes are, for the purpose of this section, to be deemed, respectively, the transferor and transferee.

Illustrations

(a) A sells B a field then used for agricultural purposes only. It is inaccessible except by passing over A's adjoining land or by trespassing on the land of a stranger. B is entitled to a right-of-way, for agricultural purposes only, over A's adjoining land to the field sold.

(b) A, the owner of two fields, sell one to B, and retains the other. The field retained, was, at the date of the sale, used for agricultural purposes only and is inaccessible except by passing over the field sold to B. A is entitled to a right-of-way, for agricultural purposes only, over B's field to the field retained.

(c) A sells B a house with windows overlooking A's land, which A retains. The light which passes over A's land to the windows is necessary for enjoying the house as it was enjoyed when the sale took effect. B is entitled to the light, and A cannot afterwards obstruct it by building on his land.

(d) A sells B a house with windows overlooking A's land. The light passing over A's land to the windows is necessary for enjoying the house as it was enjoyed when the sale took effect. Afterwards A sells the land to C. Here C cannot obstruct the light by building on the land, for he takes it subject to the burdens to which it was subject in A's hands.

(e) A is the owner of a house and adjoining land. The house has windows overlooking the land. A simultaneously sells the house to B and the land to C. The light passing over the land is necessary for enjoying the house as it was enjoyed when the sale took effect. Here A impliedly grants B a right to the light, and C takes the land subject to the restriction that he may not build so as to obstruct such light.

(f) A is the owner of a house and adjoining land. The house has windows overlooking the land. A retaining the house, sells the land to B, without expressly reserving any easement. The light passing over the land is necessary for enjoying the house as it was enjoyed when the sale took effect. A is entitled to the light, and B cannot build on the land so as to obstruct such light.

(g) A, the owner of a house, sells B a factory built on adjoining land. B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory.

(h) A, the owner of two adjoining houses, Y and Z, sells Y to B, and retains Z. B is entitled to the benefit of all the gutters and drains common to the two houses and necessary for enjoying Y as it was enjoyed when the sale took effect, and A is entitled to the benefit of all the gutters and drains common to the two houses and necessary for enjoying Z as it was enjoyed when the sale took effect.

(i) A, the owner of two adjoining buildings, sells one to B, retaining the other. B is entitled of a right to lateral support from A's building, and A is entitled to a right to lateral support from B's building.

(j) A, the owner of two adjoining buildings sells one to B and the other to C. C is entitled to lateral support from B's building and B is entitled to lateral support from C's building.

(k) A grants land to B for the purpose of building a house thereon. B is entitled to such amount of lateral and subjacent support from A's land as is necessary for the safety of the house.

(l) Under the Land Acquisition Act, 1894 a Railway Company compulsorily acquires a portion of B's land for the purpose of making a siding. The Company is entitled to such amount of lateral support from B's adjoining land as essential for the safety of the siding.

(m) Owing to the partition of joint property. A becomes the owner of an upper room in a building, and B becomes the owner of the portion of the building immediately beneath it. A is entitled to such amount of vertical support from B's portion as is essential for the safety of the upper room.

(n) A lets a house and grounds to B, for a particular business. B has no access to them other than by crossing A's land. B is entitled to a right-of-way over that land suitable to the business to be carried on by B in the house and grounds.

14. Direction of way of necessity.--When a right to a way of necessity is created under Section 13, the transferor, the legal representative of the testator, or the owner of the share over which the right is exercised, as the case may be, is entitled to set out the way, but it must be reasonably convenient for the dominant owner.

When the person so entitled to set out the way refuses or neglects to do so, the dominant owner may set it out.

15. Acquisition by prescription.--Where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an easement without interruption and for twenty years, and where support from one person's land, or things affixed thereto, has been peaceably received by another person's land subject to artificial pressure or by things affixed thereto, as an easement, without interruption, and for twenty years,

and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto, as an easement and as of right without interruption and for twenty years,

the right to such access and use of light or air, support or other easement shall be absolute.

Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.

Explanation I. Nothing is an enjoyment within the meaning of this section when it has been in pursuance of an agreement with the owner or occupier of the property over which the right is claimed, and it is apparent from the agreement that such right has not been granted as an easement, or if granted as an easement, that it has been granted for a limited period, or subject to a condition on the fulfilment of which it is to cease.

Explanation II. Nothing is an interruption within the meaning of this section unless there is an actual cessation of the enjoyment by reason of an obstruction, by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made.

Explanation III. Suspension of enjoyment in pursuance of a contract between the dominant and servient owners is not an interruption within the meaning of this section.

Explanation IV. In the case of an easement to pollute water, the said period of twenty years begins when the pollution first prejudices perceptibly the servient heritage.

When the property over which a right is claimed under this section belongs to the Government this section shall be read as if for the words "twenty years" the word "sixty years" were substituted.

Illustrations

(a) A suit is brought in 1833 for obstructing a right of way. The defendant admits the obstruction, but denies the right of way. The plaintiff proves that the right was peaceably and openly enjoyed by him claiming title thereto as an easement and as of right, without interruption from 1st January, 1862 to 1st January, 1882. The plaintiff is entitled to judgment.

(b) In a like suit the plaintiff shows that the right was peceably and openly enjoyed by him for twenty years. The defendants proves that for a car of that time the plaintiff was entitled to possession of the servient heritage as lessee thereof and enjoyed the right as such lessee. The suit shall be dismissed, for the right of way has not been enjoyed "as an easement" for twenty years.

(c) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. The defendant proves that the plaintiff on one occasion during the twenty years had admitted that the user was not of right and asked him leave to enjoy the right. The suit shall be dismissed, for the right of way has not been enjoyed "as of right" for twenty years.

16. Exclusion in favour of reversioner of servient heritage.--Provided that, when any land, upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the said last mentioned period of twenty years, in case the claim is, within three years next after the determination of such interest or term, resisted by the person entitled, on such determination, to the said land.

Illustration

A sues for a declaration that he is entitled to a right of way over B land. A proves that he has enjoyed the right for twenty-five years. But B shows that during ten of these years C had a life interest in the land, that on C's death B became entitled to the land, and that within two years after C's death the contested A's claim to the right. The suit must be dismissed as A, with reference to the provisions of the section, has only proved enjoyment for fifteen years.

17. Rights which cannot be acquired by prescription.--Easements acquired under Section 15 are said to be acquired by prescription and are called prescriptive.

None of the following rights can be so acquired:

(a) a right which would tend to the total destruction of the subject of the right, or the property on which, if the acquisition were made, liability would be imposed;

(b) a right to the free passage of light or air to an open space of ground;

(d) a right to underground water not passing a defined channel.

18. Customary easements.--An easement may be acquired by virtue of a local custom. Such easements are called customary easements.

Illustrations

(a) By the custom of a certain village every cultivator of a village land is entitled, as such, to graze his cattle on the common pasture. A having become the tenant of a plot of uncultivated land in the village, breaks up and cultivates that plot. He thereby acquires an easement to graze his cattle in accordance with the custom.

(b) By the custom of a certain town no owner or occupier of a house can

open a new window therein so as substantially to invade his neighbour's privacy. A builds a house in the town near B's house. B thereupon acquires an easement that B shall not open new windows in his house so as to command a view of the portion of A's house which are ordinarily excluded from observation, and B acquires a like easement, with respect to A's house.

19. Transfer of dominant heritage passes easement.--Where the dominant heritage is transferred or devolves, by act of parties or by operation of law, the transfer or devolution shall, unless a contrary intention appears be deemed to pass the easement to the person in whose favour the transfer or devolution takes place.

Illustration

A has certain land to which a right of way is annexed. A lets the land to B for twenty years. The right of way vests in B and his legal representatives so long as the lease continues.

CHAPTER-III

THE INCIDENTS OF EASEMENTS

20. Rules controlled by contract or title.--The rules contained in this chapter are controlled by any contract between the dominant and servient owners relating to the servient heritage, and by the provisions of the instrument or decree, if any, by which the easement referred to was imposed.

Incidents of customary easements.--And when any incident of any customary easement is inconsistent with such rules, nothing in this chapter shall effect such incident.

21. Bar to use unconnected with enjoyment.--An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage.

Illustrations

(a) A, as owner of a farm, Y, has a right of way over B's land to Y. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. He must not use the easement for the purpose of passing to and from Z.

(b) A, as owner of a certain house, has a right of way to and from it. For the purpose of passing to and from the house the right may be used, not only by A, but by the members of his family, his guests, lodgers, servants, workmen, visitors and customers; for this is a purpose connected with the enjoyment of the dominant heritage. So, if A lets the house, he may use the right of way for the purpose of collecting the rent and seeing that the house is kept in repair.

22. Exercise of easement--Confinement of exercise of easement.--The dominant owner must exercise his right in the mode which is least onerous to the servient owner, and when the exercise of an easement can without detriment to the dominant owner, be confined to a determinate part of the servient heritage, such exercise shall at the request of the servient owner, be so confined.

Illustrations

(a) A has a right of way over B's field. A must enter the way at either end and not at any intermediate point.

(b) A has a right annexed to his house to cut thatching grass in B's swamp. A, when exercising his easement, must cut the grass so that the plants may not be destroyed.

Section 22 lays down that every easement right should be exercised in a way which is `least onerous' to the servient owner. Where the exercise of the easement rights can be confined to a determinate part of the servient tenement without any detriment to the dominant owner the dominant owner shall do it at the request of the servient owner. The reason is that an easement right imposes a burden on the servient heritage and it is but reasonable that the dominant owner should be enjoined not to increase the burden by indiscriminate use of his right, e.g. A has a right of way over B's field. A must enter the way at either end and not at any intermediate point because that would make the whole servient tenement useless for the owner.

Expression, "Least onerous mode of enjoyment."--Meaning--The least onerous mode of enjoyment of his right by the dominant owner is that which might be expected from the full owner of the servient tenement himself had he any occasion to enjoy the same right. The test of the conduct of the dominant owner is what a reasonable man would do under similar circumstances on his own land.

23. Right to alter mode of enjoyment.--Subject to the provisions of Section 22, the dominant owner may, from time to time alter the mode and place of enjoying the easement, provided that he does not thereby impose any additional burden on the servient heritage.

Exception.--The dominant owner of the right of way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient heritage.

Illustrations

(a) A, the owner of a saw mill, has a right to a flow of water sufficient to work the mill. He may convert the saw-mill into a corn-mill, provided that it can be worked by the same amount of water.

(b) A has a right to discharge on B's land the rain-water from the eaves of A's house. This does not entitle A to advance his eaves if, by so doing, he imposes a greater burden on B's land.

(c) A, as the owner of a paper-mill, acquires a right to pollute a stream by pouring in the refuse-liquor produced by making in the mill paper from rags. He may pollute the stream by pouring in similar liquor produced by making in the mill paper by a new process from bamboos, provided that he does not substantially increase the amount, or injurious change the nature of the pollution.

(d) A, a riparian owner, acquires against the lower riparian owners, a prescriptive right to pollute a stream by throwing sawdust into it. This does not entitle A to pollute the stream by discharging into it poisonous liquor.

24. Right to do acts to secure enjoyment.--The dominant owner is entitled as against the servient owner, to do all acts necessary to secure the full enjoyment of the easement; but such acts must be done at such time and in such manner as, without detriment to the dominant owner to accuse the servient owner as little inconvenience as possible and the dominant owner must repair, as far as practicable the damage (if any) caused by the act to the servient heritage.

Accessory rights.--Rights to do acts necessary to secure the full enjoyment of an easement are called accessory rights.

Illustrations

(a) A has an easement to lay pipes in B's land to convey water to A's cistern. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state.

(b) A has an easement of a drain through B's land. The sewer with which the drain communicates is altered. A may enter upon B's land and alter the drain, to adopt it to the new sewer, provided that he does not thereby impose any additional burden on B's land.

(c) A, as owner of a certain house, has a right of way over B's land. The way is out of repair or a tree is blown down and falls across it. A may enter on B's land and repair the way or remove the tree from it.

(d) A, as owner of a certain field, has a right of way over B's land. B renders the way impassable. A may deviate from the way and pass over the adjoining land of B, provided that the deviation is reasonable.

(e) A, as owner of a certain house, has a right of way over B's field. A may remove rocks to make the way.

(f) A has an easement of support from B's wall. The wall gives way. A may enter upon B's land and repair the wall.

(g) A has an easement to have his land flooded by means of a dam in B's stream. The dam is half swept away by an inundation. A may enter upon B's land and repair the dam.

25. Liability for expenses necessary for preservation of easements.--The expenses incurred in constructing works, or making repairs, or doing any other act necessary for the use or preservation of an easement, must be defrayed by the dominant owner.

26. Liability for damage from want of repair.--Where an easement is enjoyed by means of an artificial work, the dominant owner is liable to make compensation for any damage to the servient-heritage arising from the want of repair of such work.

27. Servient owner not bound to do anything.--The servient owner is not bound to do anything for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to use the servient heritage in any way consistent with the enjoyment of the easement; but he must not do any act tending to restrict the easement or to render its exercise less convenient.

Illustrations

(a) A, as owner of a house, has a right to lead water and sent sewage through B's land, B is not bound, as servient owner, to clear the watercourse or scour the sewer.

(b) A grants a right-of-way through his land to B as owner of a field. A may feed his cattle on grass growing on the way, provided that B's right-of-way is not thereby obstructed ; but he must not build a wall at the end of his land so as to prevent B from going beyond it, nor must he narrow the way so as to tender the exercise of the right less easy than it was at the date of the grant.

(c) A, in respect of his house, is entitled to a easement of support from B's wall. B is not bound, as servient owner, to keep the wall standing and in repair. But he must not pull down or weaken the wall so to make it incapable of tendering the necessary support.

(d) A, in respect of his mill, is entitled to a watercourse through B's land. B must not derive stakes so as to obstruct the watercourse.

(e) A, in respect of his house, is entitled to a certain quantity of light passing over B's land. B must not plant trees so as to obstruct the passage to A's windows of that quantity of light.

28. Extent of easements.--With respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect:

Easement of necessity.--An easement of necessity is co-extensive with the necessity as it existed when the easement was imposed.

Other easements.--The extent of any other easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties, and the purpose for which the right was imposed or acquired.

In the absence of evidence as to such intention and purpose--

(a) Right of way.--A right of way of any one kind does not include a right of way of any other kind.

(b) Right to light or air acquired by grant.--The extent of a right to the passage of light or air to a certain window, door or other opening, imposed by a testamentary or non-testamentary instrument, is the quantity of light or air that entered the opening at the time the testator died or the non-testamentary instrument was made.

(c) Prescriptive right to light or air.--The extent of a prescriptive right to passage of light or air to a certain window, door, or other opening is the quantity of light or air which has been accustomed to enter that opening during the whole of the prescriptive period irrespectively of the purposes for which it has been used.

(d) Prescriptive right to pollute air and water.--The extent of a prescriptive right to pollute air or water is the extent of pollution at the commencement of the period of user on completion of which the right arose ; and

(e) Other prescriptive rights.--The extent of every other prescriptive right and the mode of its enjoyment must be determined by the accustomed user of the right.

29. Increase of easement.--The dominant owner cannot, by merely altering or adding to the dominant heritage substantially increase an easement.

Where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage, if the dominant heritage is increased by allusion, the easement is proportionately increased and if the dominant heritage is diminished by diluvion, the easement is proportionately diminished.

Save as aforesaid, no easement is affected by any change in the extent of the dominant or the servient heritage.

Illustrations

(a) A, the owner of a mill, has acquired a prescriptive right to divert to his mill part of the water of a stream. A alters the machinery of his mill. He cannot thereby increase his right to divert water.

(b) A has acquired an easement to pollute a stream by carrying on a manufacture on its banks by which a certain quantity of foul matter is discharged into it. A extends his works and thereby increases the quantity discharged. He is responsible to the lower riparian owners for injury done by such increase.

(c) A, as the owner of a farm, has a right to take, for the purpose of manuring his farm, leaves which have fallen from the trees on B's land. A buys a field which have fallen from the trees on B's land. A buys a field and unites to his farm. A is not thereby entitled to take leaves to manure this field.

30. Partition of dominant heritage.--Where a dominant heritage is divided between two or more persons, the easement becomes annexed to each of the shares, but not so as to increase substantially the burden of the servient heritage; provided that such annexation is consistent with the terms of the instrument, decree or revenue proceeding (if any) under which the division was made and, in the case of prescriptive rights, with the user, during the prescriptive period.

Illustrations

(a) A house to which a right of way by a particular path is annexed is divided into two parts, one of which is granted to A and the other to B. Each is entitled in respect of his part to a right of way by the same path.

(b) A house to which is annexed that right of drawing water from a well to the extent of fifty buckets a day is divided into two distinct heritages, one of which is granted to A, the other to B. A and B are each entitled in respect of his heritage, to draw from the well fifty buckets a day; but the amount drawn by both must not exceed fifty buckets a day.

(c) A, having in respect of his house, an easement of light divides the house in three distinct heritages. Each of these continues to have the right to have its windows un-obstructed.

31. Obstruction in case of excessive user.--In the case of excessive user of an easement the servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user, but only on the servient heritage, provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement.

Illustration.

A, having a right to the free passage over B's land of light to four windows, six feet by four, increase their size and number. It is impossible to obstruct the passage of light to the new window, without also obstructing the passage of light to the ancient windows. B cannot obstruct the excessive user.

CHAPTER-IV

THE DISTURBANCE OF EASEMENTS

32. Right to enjoyment without disturbance.--The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person.

Illustration

A, as owner of a house, has a right of way over B's land. C unlawfully enters on B's land and obstructs A in his right of way. A may sue C for compensation, not for the entry, but for the obstruction.

33. Suit for disturbance of easement.--The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto; provided that the disturbance has actually caused substantial damage to the plaintiff.

Explanation I.--The doing of any act likely to injure to plaintiff by affecting the evidence of the easement, or by materially diminishing the value of the dominant heritage, is substantial damage within the meaning of this section and Section 34.

Explanation II.--Where the easement disturbed is a right to the free passage of light passing to the openings in a house, no damage is substantial within the meaning of this section unless it falls within the first Explanation, or interferes materially with the physical comfort of the plaintiff, or prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he had done previous to instituting the suit.

Explanation III.--Where the easement disturbed is a right to the free passage of air to the openings in a house, damage is substantial within the meaning of this section if it interferes materially with the physical comfort of the plaintiff, though it is not injurious to his health.

Illustrations

(a) A places a permanent obstruction in a path over which B, as tenant of C's house, has a right-of-way. This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement.

(b) A, as owner of a house, has a right to walk along one side of B's house. B builds a verandah overhanding the way about ten feet from the ground, and so as not to occasion any inconvenience to foot-passengers using the way. This is not substantial damage to A.

34. When cause of action arises for removal of support.--There removal of the means of support to which a dominant owner is entitled does not give rise to recover compensation unless and until substantial damage is actually sustained.

35. Injunction to restrain disturbance.--Subject to the provisions of the Specific Relief Act, 1877, Sections 52 to 57 (both inclusive), an injunction may be granted to restrain the disturbance of an easement--

(a) if the easement is actually disturbed--when compensation for such disturbance might be recovered under this Chapter;

(b) if the disturbance is only threatened or intended--when the act threatened or intended must necessarily, if performed, disturb the easement.

36. Abatement of obstruction of easement.--Notwithstanding the provisions of Section 24, the dominant owner cannot himself abate a wrongful obstruction of an easement.

CHAPTER-V

THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS

37. Extinction by dissolution of right of servient owner.--When from a cause which preceded the imposition of an easement, the person by whom it was imposed ceases to have any right in the servient heritage, the easement is extinguished.

Exception.--Nothing in this section applies to an easement lawful imposed by a mortgagor in accordance with Section 10.

Illustrations

(a) A transfers Sultanpur to B on condition that he does not marry C. B imposes an easement on Sultanpur. Then B marries C. B's interest in Sultanpur ends, and with it the easement is extinguished.

(b) A, in 1890, lets Sultanpur to B for thirty years from the date of the lease. B, in 1891, imposes an easement on the land in favour of C, who enjoys the easement peaceably and openly as an easement without interruption for twenty-nine years. B's interest in Sultanpur then ends, and with it C's easement.

(c) A and B, tenants of C, have permanent transferable interest in their respective holdings. A imposes on his holding an easement to draw water from a tank for the purpose of irrigating B's land. B enjoys the easement for twenty years. Then A's rent falls into arrears and his interest is sold. B's easement is extinguished.

(d) A mortgages Sultanpur to B and lawfully imposes an easement on the land in favour of C in accordance with the provisions of Section 10. The land is sold to D in satisfaction of the mortgage debt. The easement is not thereby extinguished.

38. Extinction by release.--An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner.

Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.

An easement may be released as to part only of the servient heritage.

Explanation I.--An easement is impliedly released,--

(a) Where this dominant owner expressly authorizes an act of a permanent nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done in pursuance of such authority;

(b) when any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future.

Explanation II.--Mere non-user of an easement is not an implied release within the meaning of this section.

Illustrations

(a) A, B and C are co-owners of a house to which an easement is annexed. A without the consent of B and C, releases the easement. This release is effectual only as against A and his legal representative.

(b) A grants B an easement over A's land for the beneficial enjoyment of his house. B assigns the house to C. B then purports to release the easement. The release is ineffectual.

(c) A, having the right to discharge his eaves droppings into B's yard, expressly authorizes B to build over this yard to a height which will interfere with the discharge. B builds accordingly. A's easement is extinguished to the extent of the interference.

(d) A, having an easement of light to a window, builds up that window with bricks and mortar so as to manifest an intention to abandon the easement permanently. The easement is impliedly released.

(e) A having a projecting roof by means of which he enjoys an easement to discharge eaves-droppings on B's land, permanently alters the roof, so as to direct the rain water into a different channel and discharge it on C's land. The easement is impliedly released.

39. Extinction by revocation.--An easement is extinguished when the servient owner, in exercise of a power reserved in this behalf, revokes the easement.

40. Extinction on expiration of limited period or happening of dissolving condition.--An easement is extinguished where it has been imposed for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires or the condition is fulfilled.

41. Extinction on termination of necessity.--An easement of necessity is extinguished when the necessity comes to an end.

Illustration

A grants B a field inaccessible except by passing over A's adjoining land. B afterwards purchases a part of that land over which lie can pass to his field. The right of way over A's land which B had acquired is extinguished.

42. Extinction of useless easements.--An easement is extinguished when it becomes incapable of being at any time and under any circumstances beneficial to the dominant owner.

43. Extinction by permanent change in dominant heritage.--Where, by any permanent change in the dominant heritage, the burden on the servient heritage is materially increased and cannot be reduced by the servient owner without interfering with the lawful enjoyment of the easement, the easement is extinguished, unless,--

(a) it was intended for the beneficial enjoyment of the dominant heritage to whatever extent the easement should be used ; or

(b) the injury, caused to the servient owner by the change is so slight that no reasonable person would complain of it; or

Nothing in this section shall be deemed to apply to easement entitling the dominant owner to support the dominant heritage.

44. Extinction on permanent alteration of servient heritage by superior force.--An easement is extinguished where the servient heritage is by superior force so permanently altered that the dominant owner can no longer enjoy such easement:

Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient heritage, and the provisions of Section 14 apply to such way.

Illustrations

(a) A grants to B, as the owner of a certain house, a right to fish in the river running through A's land. The river changes its course permanently and runs through C's land. Bs easement is extinguished.

(b) Access to path over which A has a right of way is permanently cut of by an earthquake. A's right is extinguished.

45. Extinction by destruction of either heritage.--An easement is extinguished when either the dominant or the servient heritage is completely destroyed.

Illustration

A has a right of way over a fraud running along the foot of a sea cliff. The road is washed away by a permanent encroachment of the are. A's easement is extinguished.

46. Extinction by unity of ownership.--An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages.

Illustrations

(a) A, as the owner of a house, has a right of way over B's Field. A mortgages his house, and B mortgages his field to C. Then C forecloses both mortgages and becomes thereby absolute owner of both house and field. The right of way is extinguished.

(b) The dominant owner acquires only part of the servient heritage; the easement is not extinguished except in the case illustrated in Section 41.

(c) The servient owner acquires the dominant heritage in connection with a third person; the easement is not extinguished.

(d) The separate owners of the two separate dominant heritages jointly acquire the heritage which is servient to the two separate heritages; the easements are not extinguished.

(e) The joint owners of the dominant heritage jointly acquire the servient heritage; the easement is extinguished.

(f) The single right of way exists over two servient heritages for the beneficial enjoyment of a single dominant heritage. The dominant owner acquires one only of the servient heritages. The easement is not extinguished.

(g) A has a right of way over B's road. B dedicates the road to the public. A's right of way is not extinguished.

47. Extinction by non-enjoyment.--A continuous easement is extinguished when it totally ceases to be enjoyed as such for an unbroken period of twenty years.

A discontinuous easement is extinguished when for a like period it has not been enjoyed as such.

Such period shall be reckoned, in the case of a continuous easement, from the day on which its enjoyment was obstructed by the servient owner, or rendered impossible by the dominant owner, and in the case of a discontinuous easement, from the day on which it was enjoyed by any person as dominant owner:

Provided that if, in the case of a discontinuous easement, the dominant owner, within such period, registers under the Indian Registration Act (III of 1877), a declaration of his intention to retain such easement, it shall not be extinguished until a period of twenty years has elapsed from the date of the registration.

Where an easement can be legally enjoyed only at a certain place, or at certain times, or between certain hours, or for a particular purpose, its enjoyment during the said period at another place, or at other times, or between other hours or for another purpose, does not prevent its extinction under this section.

The circumstances that during the said period, no one was in possession of the servient heritage, or that the easement could not be enjoyed, or that a right accessory thereto was enjoyed, or that the dominant owner was not aware of its existence, or that he enjoyed it in ignorance of his right to do so, does not prevent its extinction under this section:--

An easement is not extinguished under this section--

(a) where the cessation is in pursuance of a contract between the dominant and servient owner;

(b) where the dominant heritage is held in co-ownership, and one of the

co-owners enjoys the easement within the said period; or

Where several heritages are respectively subject to rights of way for the benefit of the single heritage, and the ways are continuous, such rights shall, for the purposes of this section, be deemed to be a single easement.

Illustration

A has, as annexed to his house, rights of way from the high road thither over the heritages X and Z and the intervening heritage Y. Before the twenty years expire. A exercises his rights of way over X. His rights of way over Y and Z are not extinguished.

48. Extinction of accessory rights.--When an easement is extinguished, the rights (if any) accessory thereto are also extinguished.

Illustration

A has an easement to draw water from B's well. As accessory thereto, he has a right of way over B's land to and from the well. The easement to draw water, is extinguished under Section 47. The right of way is also extinguished.

49. Suspension of easement.--An easement is suspended when the dominant owner becomes entitled to possession of the servient heritage for a limited interest therein or when the servient owner becomes entitled to possession of the dominant heritage for limited interest therein.

50. Servient owner not entitled to require continuance.--The servient owner has no right to require that an easement be continued; and, notwithstanding the provisions of Section 26 he is not entitled to compensation for damage chased to the servient heritage in consequence of the extinguishment or suspension of the easement, if the dominant owner has given to the servient owner such notice as will enable him, without unreasonable expense, to protect the servient heritage from such damage.

Compensation for damage caused by extinguishment.--Where such notice has been given the servient owner is entitled to compensation for damage caused to the servient heritage in consequence of such extinguishment of suspension.

Illustration

A, in exercise of an easement, diverts to his canal the water of B's stream. The diversion continues for many years and during that time the bed of the stream partly II fills up. A then abandons his easement and restores the stream to its ancient course. B's land is consequently flooded. B sues A for compensation for the damage caused by the flooding. It is proved that A gave a month's notice of his intention to abandon the easement and that such notice was sufficient to enable B, without unreasonable expense, to have prevented the damage. The suit must be dismissed.

51. Revival of Easement.--An easement extinguished under Section 45 revives (a) when the destroyed heritage is, before twenty years have expired, restored by the deposit of allusion; (b) when the destroyed heritage is a servient building and before twenty years have expired such building is rebuilt upon the same site; and (c) when the destroyed heritage is a dominant building and before twenty years have expired, such building is rebuilt upon the same site and in such a manner as not to impose a greater burden on the servient heritage.

An easement extinguished under Section 46 revives when the grant or bequest by which the unity of ownership was produced is set aside by the decree of a competent Court. A necessary easement extinguished under the same section revives when the unity of ownership ceases from any other cause.

A suspended easement revives if the cause of suspension is removed before the right is extinguished under Section 47.

Illustration

A, as the absolute owner of field Y, has a right of way thither over B's field Z. A obtains from B a lease of Z for 20 years. The easement is suspended so long as A remains lessee of Z. But when A assigns the lease to C, or surrenders it to B, the right way revives.

CHAPTER-VI

LICENSES

52. "License" defined.--Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.

Illustration

A Intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it.

53. Who may grant license.--A license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.

54. Grant may be express or implied.--The grant of a license may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license.

55. Accessory licenses annexed by law.--All licenses necessary for the enjoyment of any interest, or the exercise of any right, are implied in the constitution of such interest or right. Such licenses are called accessory licenses.

Illustration

A sells the trees growing on his land to B. B is entitled to go on the land and take away the trees.

56. License when transferable.--Unless a different intention is expressed or necessarily implied a license to attend a place of public entertainment may be transferred by the licensee, but save as aforesaid, a license cannot be transferred by the licensee or exercised by his servants or agents.

Illustrations

(a) A grants B a right to walk over A's Girl whenever he pleases. The right is not annexed to any immovable property of B. The right cannot be transferred.

(b) The Government grants B a license to erect and use temporary grain sheds on Government land. In the absence of express provision to the contrary. B's servants may enter on the land for the purpose of erecting sheds, erect the same deposit grain therein and remove grain therefrom.

57. Grantor's duty to disclose defects.--The grantor of a licence is bound to disclose to the licensee any defect in the property affected by the license, likely to be dangerous to the person or property of the licensee, of which the grantor is and the licensee is not aware.

A licensor is under a duty to disclose any defect in the property likely to be dangerous to the licensee of which the licensor is, but the licensee is not, aware. If the licensor fails in his duty and does not disclose any hidden risk in use of the subject of license and if any loss is caused due to such non-disclosure, the licensor is liable for damages.

58. Grantors duty not to render property unsafe.--The grantor of a license is bound not to do anything likely to render the property affected by the license dangerous to the person or property of the licensee.

59. Grantor's transferee not bound by license.--When the grantor of the license transfers property affected thereby the transferee not, as such, bound by the license.

60. License when revocable.--A license may be revoked by the grantor, when unless--

(a) It is coupled with a transfer of property and such transfer is in force;

(b) the licensee, acting upon the license, has executed work of a permanent character and incurred expenses in the execution.

61. Revocation, express or implied.--The revocation of a license may be express or implied.

Illustrations

(a) A, the owner of a field, grants a license to B to use a path across it. A, with intent to revoke the license, locks a gate across the path. The license is revoked.

(b) A, the owner of a field, grants a license to B to stack hay on the field. A lets or sells the field to C. The license is revoked.

62. License when deemed revoked.--A license is deemed to be revoked:--

(a) When, from a cause preceding the grant of it, the grantor ceases to have any interest in the property affected by the license;

(b) When the licensee releases it, expressly or impliedly to the grantor or his representative;

(c) Where it has been granted for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires or the condition is fulfilled.

(d) Where the property affected by the license is destroyed or by superior force so permanently altered that the licensee can no longer exercise his right;

(e) Where the licensee becomes entitled to the absolute ownership of the property affected by the license;

(f) Where the license is granted for a special purpose and the purpose is attained, or abandoned, or becomes impracticable;

(g) Where the license is granted to the licensee as holding a particular office, employment or character, and such office, employment or character ceases to exist;

(h) Where the license totally ceases to be used as such for an unbroken period of twenty years, and such cessation is not in pursuance of a contract between the grantor and the licensee;

(i) In the case of accessory license, when the interest or right to which it is accessory ceases to exist.

63. Licensee's rights on revocation.--Where a license is revoked, the licensee is entitled so a reasonable time to leave the property affected thereby, and to remove any goods which he has been allowed to place on such property.

64. Licensee's rights on eviction.--Where a license has been granted for consideration, and the licensee, without any fault of his own is evicted by the grantor before he has fully enjoyed, under the license, the right for which he contracted, he is entitled to recover compensation from the grantor.

------------------

APPENDIX-I

THE PRESCRIPTION ACT

[S. 2 & 3 Will, IV, C. 71]

An act for shortening the time of prescription in certain cases

Lord Tenterden's Act. [Ist August, 1832]

1. Claims to right of common and other profits a prendre, not to be defeated after thirty years' enjoyment by showing only the commencement.--Whereas the expression "time immemorial, or time whereof the memory of man runneth not to the contrary" in now, by the Law of England in many cases, considered to include and denote the whole period of time from the reign of King Richard the First whereby the title to matters that have been long enjoyed is sometimes defeated by showing the commencement of such enjoyment, which is in many cases productive of inconvenience and injustice; for remedy thereof be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same. That no claim which may be lawfully made at the common law, by custom, prescription, or grant, or any right of common or other profit or benefit to be taken and enjoyed from or upon any land of our sovereign lord the King, his heirs or successors, or any land of our sovereign lord the King, his heirs or successors, or any land being parcel of the Duchy of Lancaster, or of the Duchy of Cornwall, or of any ecclesiastical or lay person or body corporate, except such matters and things as are herein specially provided for, and except tithes, rent, and services, shall, where such right, profit or benefit shall have been actually taken and enjoyed by any person claiming right thereto without interruption for the full period of thirty years, be defeated or destroyed by showing only that such right, profit, or benefit was first taken or enjoyed at any time prior to such period of thirty years, but nevertheless, such claim may be defeated in any other way by which the

After sixty years' en-joyment the right to be absolute unless had by consent or agreement.

same is now liable to be defeated; and when such right, profit, or benefit shall have been so taken and enjoyed as aforesaid for the full period of sixty years the right thereto shall be deemed absolute and indefeasible, unless it shall appeal that the same was taken and enjoyed by some consent or agreement expressly made or given for the purpose by deed or writing.

2. In claims of right of way or other easement the period to be twenty years and forty years.--And be it further enacted, that no claim which may be lawfully made at the common law, by custom, prescription, or grant to any way or other easement, or to any watercourse, or the use of any water, to be enjoyed or derived upon, over or from any land or water of our said lord the King, his heirs or successors, or being parcel of the Duchy of Lancaster or of the Duchy of Cornwall, or being the property of an ecclesiastical or lay person, or body corporate, when such way or other matter as herein last before-mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for a full period of twenty years, shall be defeated or destroyed by showing only such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated; and where such way or other matter as herein last before-mentioned shall have been so enjoyed as aforesaid for the full period of forty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.

3. Claim to the use of light enjoyed for twenty years Indefeasible unless shown to have been by consent or agreement in writing.--And be it further enacted, that when the access and use of light to and for any dwelling-house, workshop, or other building shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for the purpose by deed or writing.

4. The periods to be periods before action "Interruption".--And be it further enacted, that each of the respective periods of years hereinbefore mentioned shall be deemed and taken to be the period next before some suit or action wherein the claim or matter, to which such period may relate, shall have been or shall be brought into question, and that no Act or other matter shall be deemed to be an interruption within the meaning of this Statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorising the same to be made.

5. Pleadings.--And be it further enacted, that in all actions upon the case and other pleadings, wherein the party, claiming may now by law allege his right generally, without averring the existence of such right from time immemorial, such general allegation shall still be deemed sufficient, and if the same shall be denied all and every, the matters in that act mentioned and provided, which shall be applicable to the case, shall be admissible in evidence to sustain or rebut such allegation; and that in all pleadings to action of trespass, and in all other pleadings wherein, before the passing of this Act, it would have been necessary to allege the right to have existed from time immemorial it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this Act as may be applicable to the case, and without claiming in the name or right of the owner of the fee, as is now usually done; and if the other party shall intend to rely on any proviso, exception, incapacity, disability, contract, agreement, or other matter hereinbefore mentioned or on any cause or matter of fact or of law not inconsistent with the simple fact of enjoyment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse of denial of such allegation.

6. Presumption not to be allowed in claims herein provided for.--And be it further enacted, that in the several cases mentioned in and provided for by this Act, no presumption shall be allowed or made in favour or support of any claim, upon proof of the exercise or enjoyment of the right or matter claimed for any less period of time or number of years than for such period or number mentioned in this Act as may be applicable to the case and to the nature of the claim.

7. Proviso for infants, etc..--Provided also, that the time during which any person, otherwise capable of resisting any claim to any of the matters, before-mentioned, shall have been or shall be an infant, idiot, non compos mentis, teme covert, or tenant for life, or during which any action or suit shall have been pending and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be excluded in the computation of the period hereinbefore mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible.

8. What time to be excluded in computing the term of forty years appointed by this Act.--Provided always, and be it further enacted, that when any land or water upon, over or from which any such way or other convenient watercourse or use of water shall have been or shall be enjoyed or derived, bath been or shall be held under or by virtue of any term of life, or any term of years exceeding three years from the granting thereof the time of the enjoyment of any such way or other matter as herein last before-mentioned, during the continuance of such term shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end or sooner determination of such term be resisted by a any person entitled to any reversion expectant on the determination thereof.

_____________

APPENDIX-II

LIMITATION ACT, 1908

[Relevant Sections 2 (5), 23, 26, 27 and 28 and Articles 36, 37, 38 and 120]

2. Definitions.--In this Act, unless there is anything repugnant in the subject or context,--

(5) "Easement" includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in or attached to, or subsisting upon, the land of another.

[* * * *

23. Continuing breaches and wrongs.--In the case of a continuing breach of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time during which the breach of the wrong, as the case may be, continues.

PART-IV

ACQUISITION OF OWNERSHIP BY POSSESSION

26. Acquisition of right to easements.--(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption and for twenty years,

and where any way or watercourse, or the use of any water, or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption, and for twenty years,

the right to such access and use of light or air, way, water-course, use of water, or other easement shall be absolute and indefeasible.

Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.

(2) Where the property, over which a right is claimed under sub-section (1) belongs to the Government, the sub-section shall be read as if for the words "twenty years" the words "sixty years" were substituted.

Explanation.-- Nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made.

Illustrations

(a) A suit is brought in 1911 for obstructing a right of way. The defendant admits the obstruction, but denies the right of way. The plaintiff proves that the right way peaceably and openly enjoyed by him, claiming title thereto as an easement and as of right, without interruption from 1st January, 1890 to 1st January, 1901. The plaintiff is entitled to judgment.

(b) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. The defendant proves that the plaintiff, on one occasion, during the twenty years, had asked his leave to enjoyed the right. The suit shall be dismissed.

27. Exclusion in favour of reversioner of servient tenement.--Where any land or water upon, over, or from which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period of twenty years in case the claim is, within three years next after the determination of such interest or term resisted by the person entitled, on such determination, to the said land or water.

Illustration

A sues for a declaration that he is entitled to a right of way over B's land. A proves that he has enjoyed the right for twenty-five years; but B shows that during ten of these years C, a Hindu widow, had a life interest in the land, that on C's death B became entitled to the land, and that within two years after C's death he contest A's claim to the right. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years.

28. Exclusion of right to property.--At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.

FIRST SCHEDULE

[Articles 36, 37, 38 and 120

Period of Time from which period

Description of suit Limitation begins to run

36. For compensation for any malfeasance, misfeasance or non-feasance independent of contract and not herein specially provided for.

Two years

When the malfeasance, misfeasance or non-feasance takes place.

37. For compensation for obstructing a way or watercourse.

Three years

The date of the obstruction.

38. For compensation for diverting a watercourse

Three years

The date of the diversion

120. Suit for which no period of limitation is provided elsewhere in this Schedule

Six years

When the right to sue accrues.

_____________

APPENDIX-III

TRANSFER OF PROPERTY ACT, 1882

(As amended up-to-date)

[Relevant extracts from Sections 6, 7, 8 and 43]

[* * * *]

6. What may be transferred.--Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force.

[* * * *]

7. Persons competent to transfer.--Every person competent to contract and entitled to transferable property, or authorized to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in the manner allowed and prescribed by any law for the time being in force.

8. Operation of transfer.--Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents thereof.

Such incidents include, where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth; and

Where the property is machinery attached to the earth, the movable parts thereof; and

Where the property is a house, the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows and all others things provided for permanent use therewith

[* * * *]

43. Transfer by unauthorised person who subsequently acquires interest in property transferred.--Where a person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property, at any time during which the contract of transfer subsists.

Nothing to this section shall impair the right of transferees in good faith for consideration without notice of the existence of the said option.

Illustration

A, a Hindu who has separated from his father B, sells to C three fields, X, Y and Z, representing that A is authorised to transfer the same. Of these fields Z does not belong to A, it having been retained by B on the partition; but on B's dying, A as heir obtains Z. C, not having rescinded the contract of sale, may require A to deliver Z to him.

[* * * *]

_____________

APPENDIX-IV

SPECIFIC RELIEF ACT, 1877

PART III

OF PREVENTIVE RELIEF

[Relevant abstracts from Sections 52 to 57]

CHAPTER-IX

Of injunctions Generally

[* * * *]

52. Preventive relief how granted.--Preventive relief is granted at the discretion of the Court by injunction, temporary or perpetual.

53. Temporary injunctions.--Temporary injunctions are such as are to continue until a specified time, or until the further order of the Court. They may be granted at any period of a suit, and are regulated by the Code of Civil Procedure.

Perpetual injunction.--A perpetual injunction can only be granted by the decree made at the hearing, and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

CHAPTER-X

Of Perpetual Injunctions

54. Perpetual injunctions when granted.--Subject to the other provisions contained in, or referred to by this chapter, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly, or by implication.

When such obligation arises from contract, the Court shall be guided by the rules and provisions contained in Chapter II of this Act.

When the defendant invades or threatens to invade the plaintiff's right to, or enjoyment, of property, the Court may grant a perpetual injunction in the following cases (namely):-

(a) Where the defendant is a trustee of the property for the plaintiff;

(b) Where there exists no standard for ascertaining the actual damage caused or likely to be caused by the invasion;

(d) Where it is probable that pecuniary compensation cannot be got for the invasion;

(e) Where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Explanation.--For the purpose of this section a trademark is property.

Illustrations

(a) A lets certain lands to B, and B contracts not to dig sand or gravel there out. A may sue for an injunction to restrain B from digging in violation of his contract.

[* * * *]

(j) A, the owner of two adjoining houses, lets one to B, and afterwards lets the other to C. A and C begin to make such alterations in the house let to C as will prevent the comfortable enjoyment of the house let to B. B may sue for an injunction to restrain them from so doing.

(k) A lets certain arable land to B for purposes of husbandry, but without any express contract as to the mode of cultivation. Contrary to the mode of cultivation customary in the district, B threatens to sow the lands with send injurious thereto, and requiring many years to eradicate. A may sue for an injunction to restrain B from sowing the lands in contravention of his implied contract to use them in a husband-like manner.

[* * * *]

(p) The inhabitants of a village claim a right of way over A's land. In a suit against several of them, A obtains a declaratory decree that his land is subject to no such right. Afterwards each of the other villagers sues A for obstructing his alleged right of way over the land. A may sue for an injunction to restrain them.

[* * * *]

(r) A and B are in possession of contiguous lands and of the mines underneath them. A works his mine so as to extend under B's mine and threatens to remove certain pillars which help to support B's mine. B may sue for an injunction to restrain A from so doing.

(s) A rings bells or makes some other unnecessary noise so near a house as to interfere materially and unreasonably with the physical comfort of the occupier, B. B may sue for an injunction restraining A from making the noise.

(t) A pollutes the air with smoke so as to interfere materially with the physical comfort of B and C, who carry on business in a neighboring house. B and C may sue for an injunction to restrain the pollution.

55. Mandatory injunctions.--When to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the Court is capable of enforcing, the Court may, in its discretion, grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

Illustrations

(a) A, by new buildings, obstructs lights to the access and use of which B has acquired a right under the Limitation Act, Part IV. B may obtain an injunction, not only to restrain A from going on with the buildings, but also to pull down so much of them as obstructs B's lights.

(b) A builds a house with eaves projecting over B's land. B may sue for an injunction to pull down so much of the eaves as so project.

(c) In the case put as illustration (i) to Section 54, the Court may also order all written communications made by B, as patient to A, as medical adviser, to be destroyed.

(d) In the case put as illustration (y) to Section 54, the Court may also order A's letters to be destroyed.

(e) A threatens to publish statements concerning B, which would be punishable under Chapter XXI of the Pakistan Penal Code. The Court may grant an injunction to restrain the publication, even though it may be shown not to be injurious to B's property.

(f) A, being B's medical adviser threatens to publish B's written communications with him showing that B has led an immoral life. B may obtain an injunction to restrain the publication.

(g) In the cases put as illustrations (v) and (w) to Section 54, and in illustrations (e) and (f) to this section, the Court may also order the copies produced by piracy, and the trade marks, statement and communications therein respectively mentioned, to be given up or destroyed.

56. Injunction when refused.--An injunction cannot be granted--

(a) to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;

(b) to stay proceedings in a Court not subordinate to that from which the injunction is sought;

(d) to interfere with the public duties of any department of the Federal Government, or any Provincial Government, or with the sovereign acts of a Foreign Government;

(e) to stay proceedings in any criminal matter;

(f) to prevent the breach of a contract, the performance of which would not specifically be enforced;

(g) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;

(h) to prevent a continuing breach in which the applicant has acquiesced;

[* * * *]

(j) when the conduct of the applicant or his agents has been such as to disentitle him to the assistance of the Court;

(k) where the applicant has no personal interest in the matter.

57. Injunction to perform negative agreement.--Notwithstanding Section 56, clause (f) where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstances that the Court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement:

Provided that the applicant has not failed to perform the contract so far as it is binding on him.

Illustration

(a) A contracts to sell to B for Rs. 1,000.00 the goodwill of a certain business unconnected with business premises, and further agrees not to carry on that business in Karachi. B pays A Rs. 1,000.00 but A carries on the business in Karachi. The Court cannot compel A to send his customers to B, but B may obtain an injunction restraining A from carrying on the business in Karachi.

___________

APPENDIX-V

CIVIL PROCEDURE CODE, 1908

(ORDER XXXIX)

(Temporary Injunctions and Interlocutory Orders)

Temporary Injunctions

1. Cases in which temporary injunction may be granted.--Where in any suit it is proved by affidavit or otherwise--

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens, or intends to remove or dispose of his property with a view to defraud his creditors,

the Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property as the Court thinks fit, until the disposal of the suit or until further orders.

2. Injunction to restrain repetition or continuance of breach.--(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.

(2) The Court may by order grant such injunction, on such terms, as to the duration of the injunction, keeping an account, giving security or otherwise, as the Court thinks fit.

(3) In case of disobedience, or of breach of any such terms, the Court granting an injunction may order the property of the person guilty of such disobedience or breach to be attached and may also order such person to be detained in the civil prison for a term not exceeding six months, unless in the meantime the Court directs his release.

(4) No attachment under this rule shall remain in force for more than one year, at the end of which time, if the disobedience or breach continues, the property attached may be sold, and out of the proceeds the Court may award such compensation as it thinks fit, and shall pay the balance, if any, to the party entitled thereto.

3. Before granting injunction Court to direct notice to opposite party.--The Court shall in all case, before granting an injunction, direct notice of the application for the same to be given to the opposite-party:

Provided that, except in the case of sale of goods for default in payment, at the stipulated time, of a debt in respect of which the goods were pledged with any bank, or where the injunction is to be granting against Government or a Government servant as such or any statutory authority, board or corporation set upto or established by Government in any case not involving the ejectment of any person from, or the demolition of, any premises, the Court may, where it appears that the object of granting injunction would be defeated by the delay, dispense with such notice:

Provided further that the period of notice under this rule to Government or a Government servant as such or any statutory authority, board or corporation set up or established by Government shall not be less than two days nor exceeded seven days.

4. Order for injunction may be discharged, varied or set aside.--Any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dis-satisfied with such order.

5. Injunction to corporation binding on its officers.--An injunction directed to a corporation is binding not only on the corporation itself, but also on all members and officers of the corporation whose personal action it seeks to restrain.

____________

APPENDIX-VI

CRIMINAL PROCEDURE CODE, 1898

[* * * *]

CHAPTER-XII

DISPUTES AS TO IMMOVABLE PROPERTY

145. Procedure Where dispute concerning land, etc., is likely to cause breach of peace.--(1) Whenever a District Magistrate, Sub-Divisional Magistrate or Magistrate of the First Class is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of his jurisdiction, he shall make an order in writing, stating the ground of his being so satisfied, and requiring the parties concerned such dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate, and to put in written statements of their respective claims as respects the facts of actual possession of the subject of dispute.

(2) For the purpose of this section the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.

(3) A copy of the order shall be served in manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.

(4) Inquiry and possession.--This Magistrate shall then, without reference to the merits or the claims of any of such parties to a right to possess the subject of dispute, persue the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence (if any) as he thinks necessary, and, if possible, decide whether any and which of the parties was at the date of the order before-mentioned in such possession of the said subject:

Provided that if it appears to the Magistrate that any party has within two months next before the date of such order been forcibly and wrongfully dispossessed, he may treat the party so dispossessed as if he had been in possession at such date:

Provided also, that if the Magistrate considers the case one of emergency, he may at any time attach the subject of dispute, pending his decision under this section.

(5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final.

(6) Party in possession to retain possession until legally evicted.--If the Magistrate decides that one of the parties was or should under the first proviso to sub-section (4) be treated as being in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidden all disturbance of such possession until such eviction and when he proceeds under the first proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed.

(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceedings and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purpose of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.

(8) If the Magistrate is of opinion that any corp or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.

(9) The Magistrate, may, if the thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.

(10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under Section 107.

146. Power to attach subject of dispute.--(1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until competent Court has determined the rights of the parties thereto, or the person entitled to possession thereof:

Provided that the District Magistrate or the Magistrate who has attached the subject of dispute may withdraw the attachment at any time, if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if the thinks fit and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court, appoint a receiver thereof, who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the *[Code of Civil Procedure, 1908];

Provided that, in the event of a receiver of the property, the subject of dispute, being subsequently appointed by any Civil Court, possession shall be made over to him by the receiver appointed by the Magistrate, who shall thereupon be discharged.

147. Disputes concerning rights of use of immovable property, etc..--(1) Whenever any District Magistrate, Sub-Divisional Magistrate or Magistrate of the First Class is satisfied, from a police report or other information that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water as explained in Section 145, sub-section (2) (whether such rights be claimed as an easement or otherwise), within the local limits of his jurisdiction, he may make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend the Court in person or by pleader within a time to be fixed by such Magistrate and to put in written statement of their respective claims and shall thereafter inquire into the matter in the manner provided in Section 145, and the provisions of that section shall, as far as may be, be applicable in this case of such inquiry.

(2) If it appears to such Magistrate that such right exists, he may make orders prohibiting any interference with the exercise of such right:

Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such institution.

(3) If it appear to such Magistrate that such right does not exist, he may make an order prohibiting any exercise of the alleged right.

(4) An order under this section shall be subject to any subsequent decision of a Civil Court of competent jurisdiction.

148. Local inquiry.--(1) Whenever a local inquiry is necessary for the purposes of this chapter, any District Magistrate or Sub-Divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or part of the necessary expenses of the inquiry shall be paid.

(2) The report of the person so deputed may be read as evidence in the case.

(3) Order as to costs.--When any costs have been incurred by any party to a proceeding under this chapter, the Magistrate passing a decision under Section 145, Section 146 or Section 147 may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion, such costs may include any expenses incurred in respect of witnesses, and of pleaders' fees, which the Court may consider reasonable.

____________

APPENDIX-VII

THE LAND ACQUISITION ACT, 1894

[Act No. 1 of 1894]

[2nd February, 1894]

[Relevant Extracts]

An Act to amend the law for the acquisition of land for public purposes and for companies

Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies and for determining the amount of compensation to be made on account of such acquisition; it is hereby enacted as follows:-

PART-I

PRELIMINARY

1. Short title, extent and commencement.--(1) This Act may be called the Land Acquisition Act, 1894.

(2) It extends to the whole of India except [the State of Jammu and Kashmir.]

(3) It shall come into force on the first day of March, 1894.

STATE AMENDMENTS

Andhra Pradesh.--In sub-section (2) of Section 1 of the principal Act, after the expression "except the territories which, immediately before the 1st November, 1956: were comprised in Part B States" the expression "other than the territories specified in sub-section (1) of Section 3 of the States Re-organisation Act, 1956," shall be added. [Vide A.P. Act, 20 of 1959, Section 4.]

Gujarat.--In its application to the State of Gujarat in Section 1, after sub-section (3) the following sub-section shall be inserted as under:

"(4) On and from the commencement of the Land Acquisition (Gujarat Unification and Amendment) Act, 1963, this Act shall also extend to and be in force in, the Saurashtra area of the State of Gujarat." [Vide Gujarat Act 20 of 1965, Section 3 (w.e.f. 15.8.1965).]

Karnataka.--In Section 1, sub-section (2) after the word and expressions "except the territories which immediately before the 1st November, 1956, were comprised in Part B States", the words and expressions "other than territories specified in Clauses (a) and (c) of sub-section (1) of Section 7 of the States Re-organisation Act, 1956" shall be added. [Vide Mysore Act 17 of 1961, Section 5 (w.e.f. 24.8,1961).]

Maharashta.--Extension of Act 1 of 1894 and rules thereunder as in force in Bombay area to other areas in Maharashtra State, subject to certain modifications. On the commencement of this Act, the Land Acquisition Act, 1894 (1 of 1894), ("hereinafter referred to as the principal Act") and the rules made thereunder as in force in the Bombay area except the Land Acquisition (Bombay Amendment Act, 1948 (Bom. Act, 4 of 1948) shall extend and be in force throughout the State of Maharashtra and accordingly on such commencement,--

(a) in Section 1 of the Principal Act,--

(i) in sub-section (2), after the words and letter "comprised in Part B States", the words, "other than the Hyderabad area of the State of Maharashtra" shall be inserted.

(ii) in sub-section (3), after the figures "1894", the words, brackets and figures, "but In the Hyderabad area of the State of Maharashtra, it shall come into force on such day as is appointed under sub-section (3) of Section 1 of the Land Acquisition (Maharashtra Extension and amendment) Act, 1964 (Mah. 38 of 1964)", shall be added [Vide Maharashtra Act, 38 of 1964. Section 2 (w.e.f. 7.12.1964).]

Orissa.--Omit sub-sections (2) and (3) of Section 1. [Vide Orissa Merged States (Laws) Act, 1950, Section 5 and Schedule.]

Tamil Nadu.--In Section 1, sub-section (2) in regard to territories added to the States by Act, 56 of 1959, the words, "other than the territories specified in sub-section (1) of Section 3 of the States Re-organisation Act, 1956," shall be omitted. [Vide Tamil Nadu A.L.O., 1961. 1.4.1960.]

2. [Repealed].--Rep. partly by the Repealing and Amending Act, 1914 (10 of 1914) Section 3 and Schedule II, and partly by the Repealing Act, 1938 (I of 1938). Section 2 and Schedule.

3. Definitions.--In this Act, unless there is something repugnant in the subject or context,--

(a) the expression "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

[(aa) the expression "local authority" includes a town planning authority (by whatever name called) set up under any law for the time being in force;]

(b) the expression "person interested" includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act, and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;

(c) the expression "Collector" means the Collector of a district, and includes a Deputy Commissioner and any officer specially appointed by the [appropriate Government] to perform the functions of a Collector under this Act;

[(cc) the expression "corporation owned or controlled by the State" means any body corporate established by or under a Central Provincial or State Act and includes a Government company as defined in Section 617 of the Companies Act, 1956 (I of 1956), a society registered under the Societies Registration Act, 1860 (XXI of 1860) or under any corresponding law for the time being in force in a State, being a society established or administered by Government and a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, being a co-operative society in which not less than fifty-one per cent, of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments;]

(d) the expression "Court" means a Principal Civil Court of original jurisdiction, unless the [appropriate Government] has appointed (as it is hereby empowered to do) a Special Judicial Officer within any specified local limits to perform the functions of the Court under this Act;

[(e) the expression "company" means,--

(i) a company as defined in Section 3 of the Companies Act, 1956 (I of 1956) other than a Government Company referred to in Clause (cc);

(ii) a society registered under the Societies Registration Act, 1860 (XXI of 1860) or under any corresponding law for the time being in force in a State, other than a society referred to in Clause (cc);

(iii) a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, other than a co-operative society referred to in Clause (cc);]

[(ee) the expression "appropriate Government" means, in relation to acquisition of land for the purposes of the Union, the Central Government, and, in relation to acquisition of land for any other purposes, the State Government;]

[(f) the expression "public purpose" includes,--

(i) the provision of village-sites, or the extension, planned development or improvement of existing village-sites;

(ii) the provision of land for town or rural planning;

(iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;

(iv) the provision of land for a corporation, owned or controlled by the State;

(v) the provision of land for residential purposes to the poor or landless of to persons residing in areas affected by natural calamities, or to persons displaced of affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State;

(vi) the provision of land for carrying out any educational housing, health or slum clearance scheme sponsored by Government or by any authority established by Government for carrying out any such scheme, or with the prior approval of the appropriate Government by a local authority, or a society registered under the Societies Registration Act, 1860 (XXI of 1860) or under any corresponding law for the time being in force in a State, or a

co-operative society within the meaning of any law relating to

co-operative societies for the time being in force in any State;

(vii) the provision of land for any other scheme of development sponsored by Government, or with the prior approval of the appropriate Government, by a local authority;

(viii) the provision of any premises or building for locating a public office; but does not include acquisition of land for companies;]

(g) the following persons shall be deemed persons "entitled to act" as and to the extent hereinafter provided (that is to say),--

trustees or other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability;

a married woman, in cases to which the English law is applicable shall be deemed the person so entitled to act, and, whether of full age or not, to the same extent as if she were unmarried and of full age, and

the guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the person so entitled to act, to the same extent as the minors, lunatics, or idiots themselves, if free from disability, could have acted:

Provided that,--

(i) no person shall be deemed "entitled to act" whose interest in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;

(ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;

(iii) the provisions of [Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908)] shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by next friend, or by a guardian for the case, in proceedings under this Act; and

(iv) no person "entitled to act" shall be competent to receive the compensation-money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase-money on a voluntary sale.

STATE AMENDMENTS

Clause (a)

Gujarat.--After Clause (a) the following Clause [aa) shall be inserted:

(aa) the expression "arable land " includes "garden land".-[Vide Gujarat Act, 20 of 1965, Section 2 and Schedule (w.e.f. 15.7.1965).)

Karnataka.--In Section 3 of the principal Act, after Clause (a) the following clause shall be inserted, namely;

"(aa) the expression `arable land' includes garden land". (Vide Land Acquisition (Mysore Extension and Amendment) Act 17 of 1961, Section 6 (w.e.f. 24.8.1961).]

Maharashtra.--In its application to the State of Maharashtra in Section 3 of the Land Acquisition Act, 1894, for Clause (aa), the following shall be deemed always to have been substituted as under,--

"(aa) the expression `arable land' means land fit for cultivation, whether in fact cultivated or not and includes garden land".-Vide Maharashtra Act 24 of 1965, Section 2 (w.e.f. 11.2.1965).

Clause (b)

West Bengal.--To Clause (b) of Section 3 of the said Act,--

(i) after the words "affecting the land", the words "or cultivates the land or any portion or it as a bargadar" shall be added and shall be deemed always to have been added;

(ii) the following explanation shall be added and shall be deemed always to have been added, namely;

[Explanation.--A bargadar is a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of such land to that person and includes a person who under the system generally known as kisani cultivates the land of another person on condition of receiving a share of the produce of such land from that person.] [Vide West Bengal Act 30 of 1963.]

Clause (c)

Andhra Pradesh.--In Clause (c) of Section 3 of the principal Act, the following shall be added at the end, namely:

"and also includes a company or society registered or incorporated by or under any corresponding law in force in the transferred territories." [Vide A.P. Act, 20 of 1959, Section 5.]

Bihar.--In its application to the State of Bihar in Section 3 for the existing Clause (c) the following clause shall be substituted as under:

"(c) the expression "Collector" means the Collector of a district and includes a Deputy Commissioner, Additional Collector, Additional Deputy Commissioner and any officer specially appointed by the appropriate Government to perform the functions of a Collector under this Act except the functions under Sections 4, 5-A, 6, 35 and 38." [Vide the Bihar Act, 11 of 1961, Section 3.]

Gujarat.--In Clause (c) to Section 3, the words "or by the Commissioner." shall be deleted. [Vide Gujarat Act 15 of 1964.]

Karnataka.--In Clause (c), for the words "Deputy Commissioner", the words "an Assistant Commissioner-in-charge of a sub-division of a district" shall be substituted. [Vide Land Acquisition (Mysore Extension and Amendment) Act, 17 of 1961, Section 4.]

Maharashtra.--In its application to the State of Maharashtra in Clause (c) to Section 3, after the words "appropriate Government", the words "or by the Commissioner" shall be inserted. [Vide Bombay Act, 8 of 1958.]

In Section 3(c) in its application to the Bombay and Vidarbha areas of the State, after the words "any officer", the words "or person" shall be inserted. [Vide Maharashtra, Act, 5 of 1962, Section 28 and Schedule.]

Uttar Pradesh.--The words "a Deputy Commissioner" and "from Clause (c) to Section 3" shall be omitted. [Vide Uttar Pradesh Act, 30 of 1956.]

Clause (d)

Gujarat.--In Clause (d) to Section 3 the following shall be added at the end:

"and shall in relation to proceedings under this Act includes the Court of Civil Judge (Senior devision) to which the Principal Civil Court may transfer any such proceedings." [Vide Gujarat Act, 20 of 1965, Section 2.]

Karnataka.--(i) For Clause (d), the following clause shall be substituted, namely:

"(d) the expression `Court' means a Principal Civil Court of original jurisdiction, and includes any other Civil Court empowered by the State Government by notification in the Official-Gazette to perform the functions of the Court under this Act, within the pecuniary and local limits of its jurisdiction". [Vide Land Acquisition (Mysore Extension and Amendment) Act, 17 of 1961, Section 4.]

[(ii) After Clause (d) the following clause shall be inserted, namely:

"(dd) the expression `co-operative society' means a registered society within the meaning of the Co-operative Societies Act, 1912 (Central Act II of 1912) or any society registered or deemed to be registered under any law corresponding to that Act for the time being in force in any part of India." [Vide Land Acquisition (Mysore Extension and Amendment) Act, 17 of 1961, Section 4.]

Madhya Pradesh.--In Clause (d) to Section 3, after the word "Court", the words "except in sub-section (3) of Section 18" shall be inserted. [Vide Madhya Pradesh Act, 23 of 1958.]

Maharashtra.--In its application to the State of Maharashtra in Section 3, Clause (d), for the words "the expression Court means" the following words shall be substituted as under:

The expression `Court' [except in sub-section (3) of Section 181 means. [Vide Maharashtra Act 38 of 1964, Section 3.]

In Clause (d), the following shall be added at the end, namely:

"and shall in relation to any proceedings under this Act, includes the Court of Civil Judge (Senior Division) to which the principal Civil Court may transfer any such proceedings." [Vide Bombay Act 35 of 1953, and Maharashtra Act 38 of 1964, Section 2]

West Bengal:--For Clause (d), the following clause shall be substituted:

"(d) the expression `Court' means a Principal Civil Court of original jurisdiction, and includes the Court of any Additional Judge, subordinate Judge or Munsif whom the State Government may appoint, by name or by virtue of his office, to perform, concurrently with any such Principal, Civil Court, all or any of the functions of the Court under this Act within any specified local limits and in the case of a Munsif up to the limits of the pecuniary jurisdiction with which he is vested under Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887". Vide Bengal Act, 2 of 1934, Section 3.]

Clause (e)--

Andhra Pradesh.--In Clause (e) of Section 3 the following shall be added at the end namely:

"and also includes a company or society registered or incorporated by or under any corresponding law in force in the transferred territories". [Vide A.P. Act No. 20 of 1959, Section 5.]

Bihar (Patna City).--After Clause (e), the following clause shall be deemed to be inserted, namely:

"(ee) the expression "local authority" includes the Board of Trustees for the improvement of (name of the town) constituted under Section 3 of Bihar Town Planning and Improvement Trust Act, 1951". [Vide Bihar Act, 25 of 1951.]

Karnataka.--For Clause (e), the following clause shall be substituted, namely,--

"(e) the expression "Company" means,--

(i) a company formed and registered under the Companies Act, 1956 (Central Act I of 1956);

(ii) a company formed and registered under any previous Company Law for the time being in force in any part of India other than the State of Jammu and Kashmir,

(iii) a company formed and registered under any law for the time being in force in the State of Jammu and Kashmir,

(iv) a company,--

(a) incorporated under any law relating to companies for the time being in force in any foreign country, and

(b) having its principal place of business in India.

(v) a company incorporated by an Indian Law relating to particular company,

(vi) a co-operative society,

(vii) a society registered under the Societies Registration Act, 1860 (16 of 1860) or under any law corresponding to that Act for the time being in force in the part of India, and

(viii) a corporation created by or under any law for the time being in force in any part in India not being a corporation owned or controlled by the State." [Vide Land Acquisition (Mysore Extension and Amendment) Act 17 of 1961, Section 6.]

After Clause (ee), the following clause shall be inserted, namely,--

"(eee) the expression `prescribed' means prescribed by rules made under this clause." [Vide Land Acquisition (Mysore Extension and Amendment) Act, 17 of 1961, Section 6.]

Madhya Pradesh.--In Section 3, for Clause (e) substitute the following,--

"(e) the expression `company' means a company registered under the Indian Companies Act, 1882 (6 of 1882) or under the (English) Companies Acts, 1802 to 1890, or incorporated by an Act of Parliament of the United Kingdom or by an Indian Law, or a Royal Charter, or Letters Patent and includes a registered society within the meaning of Clause (b) of Section 2 of the Madhya Pradesh Societies Registration Act, 1959 (I of 1960) and a society within the meaning of Clause 3 of Section 2 of the Madhya Pradesh Co-operative Societies Act, 1960 (17 of 1961)". [Vide Madhya Pradesh Act, 43 of 1965, Section 2.]

In Clause (e) of Section 3 of the Land Acquisition Act, 1894 (1 of 1894) the words, brackets, letters and figures "and a society within the meaning of Clause (z) of Section 2 of the Madhya Pradesh Co-operative Societies Act, 1960 (17 of 1961)", the words, brackets, letters and figures "a society within the meaning of Clause (z) of Section 2 of the Madhya Pradesh Co-operative Societies Act, 1960 (17 of 1961), and a corporation within the meaning of Clause (3) of Section 2 of the Madhya Pradesh Non-Trading Corporations Act, 1962 (20 of 1962)" shall be substituted. [Vide Land Acquisition (Madhya Pradesh) Act No. 26 of 1973, Section 3.]

Maharashtra (Nagpur City).--After Clause (e) of Section 3, the following clause shall be deemed to be inserted, namely:

"(ee) the expression `local authority' includes the Trust constituted under the Nagpur Improvement Trust Act, 1936". [Vide C.P. Act, 36 of 1936, Schedule.]

In Section 3 after Clause (ee) the following new clause shall be inserted:

"(eee) Land Acquisition Officer means an officer appointed as such by the State Government by notification in the official Gazette for such provisions of this Act as may be specified in the notification." [Vide Bombay Act, 8 of 1958, and Maharashtra Act, 38 of 1964, Section 2(f)]

Orissa.--After Clause (e) of Section 3 of the Land Acquisition Act, 1894, the following clause shall be deemed to be inserted, namely:

"(ee) the expression "Local Authority", includes the Improvement Trust, and the special planning authority constituted under Sections 7 and 8 respectively of the Orissa Town Planning and Improvement Trust Act, 1956". [Vide Orissa Town Planning and Improvement Trust Act, 1956 (10 of 1957) and Schedule.]

Punjab, Haryana and Chandigarh.--After Clause (e) of Section, the following shall be deemed to be inserted, namely,--

"(ee) the expression `local authority' includes a Trust constituted under the Punjab Town Improvement Act, 1922". [Vide Punjab Act No. 4 of 1922, Section, 59, Schedule and Punjab Act No. 31 of 1966, Section 88.]

Tamil Nadu.--In Clause (e) to Section 3 in respect to added territories, the words inserted in Clause (e) by Andhra Pradesh Act No. 20 of 1959, Section 5 shall be omitted. [Vide Tamil Nadu A.L.O., 1961.]

Uttar Pradesh.--After Clause (e) of Section 3, the following shall be deemed to be inserted, namely:

"(ee) the expression `local authority' includes a Mahapalika constituted under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959". [Vide U.P. Act 2 of 1959, Section 376, Schedule II.]

West Bengal.--Calcutta Improvement.-After Cl.-(e), of Section 3, the following clause shall be deemed to be inserted, namely:

"(ee) the expression `local authority' includes the Board of Trustees constituted under the Calcutta Improvement Act, 1911". [Vide Bengal Act, 5 of 1911, Section 71, and Schedule.]

Howrah Improvement.--After Clause (e) the following clause shall be deemed to be inserted, namely:

"(ee) the expression "local authority' includes the Board of Trustees constituted under the Howrah Improvement Act, 1956". [Vide W.B. Act No. 14 of 1956, Section 70 and Schedule 1.]

Tamil Nadu (Madras).--After Clause (ee) of Section 3 of the Land Acquisition Act, 1894, the following Clause (eee) shall be deemed to be inserted:

"(eee) the expression `local authority' includes the Board of Trustees for the Improvement of the City of Madras, constituted under Section 3 of the Madras City Improvement Trust Act, 1950." [Vide Tamil Nadu Act No. 37 of 1950, Section 73, Schedule.]

Clause (f)--

Bihar.--In its application to the State of Bihar in Section 3 for the existing Clause (f) the following clause shall be substituted as under--

"(f) the expression `public purpose' includes provision for or in connection with,--

(i) sanitary improvements of any kind including reclamation; and .

(ii) the laying out of village sites or townships, or the extension, planned development or improvement of existing village sites or townships, and". [Vide the Bihar Act, 11 of 1961, Section 3.]

Gujarat.--In its application to the State of Gujarat in sub-clause (f) the word "and" occurring after sub-clause (1) shall be deleted. [Deleted by Gujarat Act, 20 of 1965, Section 4.]

In its application to the State of Gujarat, after sub-clause (2) the following shall be added;" and

(3) a housing scheme which the State Government may from time to time undertake for the purpose of increasing accommodation for housing persons and shall include any such scheme undertaken from time to time with the previous sanction of the State Government by local authority or company". [Added by Gujarat Act, 20 of 1965, Section 4.]

Karnataka.--For Clause (f), the following clause shall be substituted, namely:

"(f) the expression `public purpose', includes,--

(i) the provision of village sites;

(ii) the provision of land for planned development from public funds and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;

(iii) the provision of land for town or rural planning under any law relating to such planning;

(iv) the provision of land,--

(a) for carrying out any housing scheme or health scheme sponsored by the Central Government or any State Government or a local authority, or

(b) for clearing slum areas, or

(d) for housing poor, landless or displaced persons or persons residing in areas affected by floods;

(v) the provision of,--

(a) residence for any person holding an office of profit under the Central Government or a State Government, or accredited as a diplomatic, consular or trade representative of a Foreign Government;

(b) building for locating a public office;

(vi) the provision of land for corporations owned or controlled by the State or other nationalised industries or concerns;

(vii) the provision of land for any local authority and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development;

(viii) the provision of land for a company,--

(a) where the land is needed for the construction of some work and such work is likely to prove substantially useful to the public, or

(b) where the land is needed by a building co-operative society or corporation for the construction of houses;

(ix) the provision of land for any charitable trust:

Explanation.--`Charitable trust' includes a trust, established or to be established for the relief of the poor education, medical relief, or advancement of any other object of general public utility". [Vide Land Acquisition (Mysore Extension and Amendment) Act, 17 of 1961, Section 6.]

Uttar Pradesh.--In its application to the State of Uttar Pradesh, for the existing Clause (f) the following shall be substituted as under--

"(f) the expression `public purpose' includes provisions for or in connection with,--

(i) sanitary improvements of any kind including reclamation;

(ii) the laying out of village sites, townships or the extension, planned development or improvement of existing village sites or townships,

(iii) the settlement of land for agriculture with the weaker section of the people, and" [Substituted by U.P. Act, 22 of 1954, Section 1.]

In its application to the State of Uttar Pradesh in Section 3, after Clause (5), the following shall be inserted as under:

"(h) `Land Reforms Commissioner' means the Land Reforms Commissioner appointed by the State Government". [Vide U.P. Act, 22 of 1954, Section 1.]

Clause (g)--

Karnataka.--In proviso (iii) to Clause (g) of Section 3 for the words, figures and brackets "Chapter XXVI of the Code of Civil Procedure (14 of 1882)", the words, figures and brackets "Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908)" shall be substituted: [The L.A. (Mysore Extension and Amendment) Act, 17 of 1961, Section 6.]

After Clause (g), the following clause shall be inserted, namely:

"(h) the expression `local authority' includes a town planning authority and a City Improvement Trust Board".' [The L.A. (Mysore Extension and Amendment) Act, 17 of 1961, Section 6.]

Madhya Pradesh.--In its application to Bhopal area of the State of Madhya Pradesh, after Clause [g] the following shall be inserted:

(h) the expression "Bhopal area" shall have the same meaning as assigned to it in the Land Acquisition (Madhya Pradesh Amendment) Act, 1959. [Madhya Pradesh Act, 5 of 1959, Section 3 for Bhopal area.]

Andhra Pradesh.--After Section 3, the following shall be inserted, namely,--

"3-A. Delegation of Junctions.--The State Government may, by notification in the Andhra Pradesh Gazette, direct that any power conferred or any duty imposed on them by this Act, shall in such circumstances and under such conditions, if any, as may be specified in the notification be exercised or discharged by the District Collector. [Vide A.P. Act, 22 of 1976.]

Gujarat.--In its application to the State of Gujarat in Section 3-A for Clause (ii) the following shall be substituted:

"(ii) to dig or bore into the sub-soil". [Substituted by Gujarat Act, 20 of 1965, Section 5.]

In its application to the State of Gujarat for the word "and" at the end of Clause (iii) and for Clause (iv) the following shall he substituted as under:

"(iv) to set out the boundaries of the land likely to be needed and the intended line of the work (if any) likely to be done thereon;

(v) to mark such levels, boundaries and line by placing marks and cutting trenches;

(vi) to measure the land so likely to be needed; and

(vii) where otherwise the survey cannot be completed and the levels taken or the boundaries or lines marked, to cut down and clear away any part of any standing crop, fence or jungle". [Substituted by Gujarat Act 20 of 1965, Section 5.]

In its application to the State of Gujarat after Section 3-B the following section shall be inserted as under:

"3-C. Measurement of land comprising survey number or sub-division.--In the case of the whole of a survey number or sub-division of a survey number, as defined in the Bombay Land Revenue Code, 1879 (Bom. Act, V of 1879) as in force in the Bombay area, the Saurashtra area or, as the case may be, the Kutch area of the State of Gujarat, the area of such survey number or, as the case may be, sub-division as entered in the land records shall be deemed to be the measurement of the land comprising such survey number of sub-division." [Vide Gujarat Act 20 of 1965, Section 5.]

Maharashtra.--After Part I of the Land Acquisition Act, 1894, the following Part I-A shall be inserted, namely:

PART I-A

PRELIMINARY SURVEY

3-A. Preliminary survey of lands and powers of officers to carry out survey.--For the purpose of enabling the State Government or the Commissioner to determine whether land in any locality is needed or is likely to be needed for any public purpose, it shall be lawful for any officer of the State Government in the Public Works Department, or any other officer either generally or specially authorised by the State Government in this behalf, or as the case may be any officer authorised by the Commissioner and for his servants and workmen,--

(i) to enter upon and survey and take levels of any land in such locality;

(ii) to mark such levels;

(iii) to do all other acts necessary to ascertain whether the land is adapted for such purpose; and

(iv) where otherwise the survey cannot be completed and the levels taken, to cut down and clear away any part of any standing crop, fence or jungle:

Provided that no person shall enter into any building or upon any enclosed Court or garden attached to a dwelling-house (unless with the consent of the occupier thereof), without previously giving such occupier at least seven days' notice in writing of his intention to do so.

3-B. Payment for damage.--The officer of the State Government in the Public Works Department, and any other officer so authorised shall, at the time of such entry, pay or tender payment of all necessary damage to be done as aforesaid and, in case of dispute as to the sufficiency of the amount so paid or tendered, shall at once refer the dispute to the decision of the Collector or other Chief Revenue Officer of the district and such decision shall be-filial." [Vide Bombay Act, 20 of 1945, Section 2 and Maharashtra Act, 38 of 1964, Section 2 (w.e.f. 7.12.1964).]

Taking Possession

16. Power to take possession.--When the Collector has made an award under Section 11, he may take possession of the land, which shall thereupon [vest absolutely in the [Government]], free, from all encumbrances.

STATE AMENDMENT

Karnataka.--(i) Section 16 of the principal Act shall be re-numbered as sub-section (1) of that section, and after the sub-section as so re-numbered, the following sub-section shall be added, namely:

"(2) The fact of such taking possession may be notified by the Deputy Commissioner in the Official-Gazette, and such notification shall be evidence of such fact". [Vide Land Acquisition (Mysore Extension and Amendment) Act, 17 of 1961, Section 18.]

(ii) For the word "Collector" the word "Deputy Commissioner" shall be substituted. Vide Mysore Act, 17 of 1961, Section 4.]

-------------

MODEL FORMS

(4) Deed of easement of light and air

This deed of easement is made on this ........... between ........... hereinafter referred to as the grantor (which expression unless repugnant to the subject or the context shall mean and include his heirs, successors and assigns) of the first part and ........... hereinafter referred to as the grantee (which expression unless repugnant to the subject or the context shall mean and include his heirs, successors and assigns) of the second part;

Whereas the grantee is dominant owner of the land and building adjoining the house of the grantor and the grantee approached the grantor and requested him to grant him right to light and air through the windows and the ventilators either fixed or to be fixed or erected on the eastern wall of the house of the grantor adjoining the western wall of the house of the grantee to hold the said easement up to the grantee.

Now this agreement witnessed as under:

1. That the grantor has accepted the request of the grantee for granting right of easement to light and air.

2. That the grantor has erected and fixed window of 6 feet by 4 feet in the eastern wall of his house adjoining the western wall of the grantee and granted right of easement to the grantee to enjoy air and light through the said window.

3. That in consideration of the above, the grantee has paid a sum of Rs. ........... receipt whereof hereby acknowledged by the grantor.

4. That the grantee shall be henceforth entitled to uninterrupted and full right to air and light through the said window.

In witness whereof the parties hereto have signed this agreement on the date aforementioned.

Signed sealed and delivered by ........... in

presence of:

2. Signature of the grantor

Signed, sealed and delivered by ........... in

presence of:

2. Signature of grantee.

(5) Agreement of easement of right of way

This agreement is made on this ........... between ........... referred to as the dominant owner (which expression unless repugnant to the subject or the context shall mean and include the heirs, successors, legal representatives and assigns) of the first part and hereinafter referred to as the servient owner (which expression unless repugnant to the subject or the context shall mean and include the heirs, successors, legal representatives and assigns) of the second part.

Whereas the dominant owner is ceased and possessed of land measuring sq. meters and bearing the municipal survey No ..........., which is surrounded by walls on all the four sides thereof having no entry or exit way opening to the main road;

And whereas the land between the main road and that of the land of the dominant owner is owned and possessed by the servient owner being premises No ........... admeasuring ...........

And whereas the dominant owner is planning construction of a building on his land and requires direct and clear passage from his plot of land to the main road through the land of the servient owner.

And whereas the dominant owner proposed to avail right of easement for ingress and egress from the dominant owner's premises to the main road through and over the land of the servient owner and the servient owner has agreed to grant such right on certain terms and conditions.

Now this agreement witnesses as under:

1. That the dominate owner has agreed to pay and has actually paid a sum of

Rs. 3,00,000/- to the servient owner receipt whereof is hereby acknowledged by the latter and in consideration thereof the servient owner hereby grants to the dominant owner the right of way through the servient heritage.

2. That the said common passage shall be through the eastern side of the servient heritage connecting the dominate heritage with the main road. This passage shall be 12 feet wide.

3. That the passage shall be used by the occupiers of the dominant heritage and building constructed thereon without any interruption and disturbance.

4. That the said common passage shall be kept open to sky and shall not be used for any purpose except for the purposes of entering into and coming out from the dominant heritage with men, material, vehicle or things.

5. That the common passage shall be used by the occupiers of the dominant heritage in such a way that it is not damaged and does not cause any annoyance or disturbance to the occupiers of the servient heritage.

6. That the common passage shall be maintained and always kept maintained by the dominant owner at his cost.

7. That in case the dominant owner fails to get the passage repaired at any time, the servient owner shall get it repaired and recover the cost of repairing from the dominant owner.

8. That the right of the easement granted to the dominant owner shall run with the servient land.

In witness whereof the parties here to have signed this agreement on the date aforementioned at ...........

Signed sealed and delivered by Signature of the servient owner

Signed, sealed and delivered by Signature of dominant owner

Witness:--

(9) Revocation of Easement

Be it known to all concerned through these presents that I ........... S/o ........... residing at ........... have cancelled, revoked and annulled the deed of easement executed by me on ........... of the easement of ........... in favour of ........... S/o ........... residing at ........... on account of breach of terms, conditions and stipulations contained in the said deed by the said ........... with the result that the servient heritage now stands released and discharged from the said easement.

Place:

Date:

Signature

----------------

THE

EXIT FROM PAKISTAN (CONTROL) ORDINANCE,

1981

[31st December, 1981]

An Ordinance to provide for the control of

exist of certain persons from Pakistan

Whereas it is expedient to provide for the control of exist of certain persons from Pakistan;

And whereas the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in pursuance of the Proclamation of the fifty day of July, 1977, read with the Provisional Constitution Order, 1981 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:

1. Short title, extent and commencement.--(1) This Ordinance may be called the Exist from Pakistan (Control) Ordinance, 1981.

(2) It extends to the whole of Pakistan.

(3) It shall term into force at once.

2. Power to prohibit exist from Pakistan.--(1) The Federal Government may, by order, prohibit any person or class of persons from proceeding from Pakistan to a destination outside Pakistan, notwithstanding, the fact that such person is in possession of valid travel documents.

[(2) Before making an order under sub-section (1), the Federal Government shall afford a reasonable opportunity of showing cause to the person against whom it intends to issue the order.

(3) The Federal Government shall immediately deliver a copy of the order made under sub-section (1) alongwith the grounds for the order, to the person against whom the order has been issued. The Federal Government shall also cause publication of all such orders in the Official Gazette and shall release a copy of the same for publication in the press, immediately on issuance of order under sub-section (1).]

STATEMENT OF OBJECTS AND REASONS The above bill is proposed to bring the provision of The Exist From Pakistan (Control Ordinance, 1981 in harmony with fundamental rights guarantee under the Constitution. The proposed amendments are necessary and are based on the observations and decision of the Superior Courts in several cases including the decision of the Lahore High Court in the case of Mr. Wajid Shamsul Hasan vs. Federation of Pakistan reported in PLD 1997 Lahore at page 617.

3. (1) Any person aggrieved by an order of the Federal Government under sub-section (1) of Section 2 may, within fifteen days of the making of the order, make a representation to the Federal Government for a review of the order, setting out in the representation the grounds on which he seeks the review.

(2) The Federal Government may, after giving the person making a representation an opportunity of being board, make such order as it may deem fit.

(3) Subject to the order of the Federal Government in review, an order under sub-section (1) of Section 2 shall lie final and shall not be called in question before any Court or other authority.

4. Punishment.--Whoever contravenes, or attempts or conspires to contravene, or abets the contravention of, any order made under sub-section (1) of Section 2 shall be punishable with imprisonment for a term which may extend to five years.

5. Power to make rules.--The Federal Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Ordinance.

-----------------

THE

EXPLOSIVES ACT, 1884

[ACT IV OF 1884]

[26th February, 1884]

An Act to regulate the manufacture, possession, use, sale, transport and importation of Explosives

[Received the assent of the Governor-General on 26th February, 1884].

Whereas it is expedient to regulate the manufacture, possession, use, sale, transport and importation of explosives; it is hereby enacted as follows:

1.ÿÿLocal extent.--(1)ÿÿThis Act may be called the Explosives Act, 1884;

(2)ÿÿIt extends to the whole of Pakistan.

2.ÿÿCommencement.--(1)ÿÿThis Act shall come into force on such day as the Central Government, by notification in the Official Gazette, appoints:

3.ÿÿRepealed by Indian Ports Act, 1889 (X of 1889), Section 2 and Sch. II.

4.ÿÿDefinitions.--In this Act, unless there is something repugnant in the subject or context:

[(1)ÿÿ"Explosives":-

(a) means gunpowder, nitroglycerine, nitroglycol, gun cotton, dinitro-toluence, trinitro toluene, picric acid, dinitro-phenol, trinitro resorcinol (styphnic acid), cyclo trimethylence trinitramine, penta erythrito-tetranitrate, tetryl, nitroguanidine, lead azide, lead styphynate, fulminate of mercury or any other metal, diazo dinitro phenol, coloured fires or any other substances whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechinic effect; and

(b) Includes:

(i) chemical compounds, compositions or mixtures of which will produce, upon release of its potential energy, a sudden outburst of gases, thereby exerting high pressures on its surroundings. Explosives may be solid, liquid or gas, nitro compounds or in the form of water gel or slurry;

(ii) fog signals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosives as defined in this clause; and

(iii) Such other substance as the Federal Government may, by notification in the official Gazette, specify for the purposes of this sub-section.]

[(2)ÿÿ"manufacture" includes the preparation of explosive or any component parts of an explosive, the admixture or other treatment of the same, the breaking up or unmasking of any explosive, or making fit for use any damaged explosive of the processing of any substance or matter with a view to causing an explosion, implosion or disintegration, and the process of remaking, altering or repairing any explosive;]

(3)ÿÿ"vessel" includes every ship, boat and other vessel used in navigation, whether propelled by oars or otherwise;

(4)ÿÿ"carriage" includes any carriage, wagon, cart, truck, vehicle or other means of conveying goods, or passengers by land, in whatever manner the same may be propelled;

[(5)ÿÿ"Master":

(a) in relation to any vessel or ship means any person, other than a pilot, harbour master, assistant harbour master or berthing master, having for the time being the charge or control of such vessel or aircraft, as the case may be;

(b) in relation to any boat belonging to a ship, means the master of that ship; and

(6)ÿÿ"import" means to bring into Pakistan by sea [air] or land;

[(7)ÿÿ"aircraft" means any machine which can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface, and includes balloons, whether fixed or free, airships, kites, gliders and flying machines, for this Ordinance, aircraft means cargo aircraft; and

[(8) `export' means taking out of Pakistan to a place outside Pakistan by land, sea or air;

(9) `prescribed' means prescribed by rules; and

(10) `rules' means any rules made under the Act.]

5.ÿÿPower to make rules as to licensing of the manufacture, possession, use, sale, transport and importation of explosives.--The [Federal Government] [in consultation with the Provincial Government] may for any part of Pakistan make rules consistent with this Act to regulate or prohibit, except under and in accordance with the conditions of a license granted as provided by those rules, the manufacture, possession, use, sale, transport [import and export] of explosives, or any specified class of explosives.

(2)ÿÿRules under this section may provide for all or any of the following, among other matters, that is to say:-

(a) the authority by which licenses may be granted;

(b) the fees to be charged for licenses, and the other sums (if any) to be paid for expenses by applicants for licenses;

(d) the form in which, and the conditions on and subject to which, licenses must be granted;

(e) The period for which licenses are to remain in force [**];

(f) the exemption absolutely or subject to conditions of any explosives from the operation of the rules [;]

[(g) The authority to which appeals may be preferred and the procedure to be followed by such authority;

(h) the total quantity of explosives that a licensee may possess in a given period of time; and

(i) the import and export of explosives by land, sea or air.]

(3) Rules made under this section may] impose penalties on all persons manufacturing, possessing, using, selling, transporting [, exporting] or importing explosives in breach of the rules, or otherwise contravening the rules:

Provided that the maximum penalty which may be imposed by any such rules shall not exceed:-

(a) In the case of a person so importing [,exporting] or manufacturing an explosive, a fine which may extend to [thirty] thousand rupees;

(b) In the case of a person so possessing, using or transporting an explosive, a fine which may extend to 26[ten] thousand rupees;

(d) In any other case, two [thousand] rupees.

[6.ÿ Power of the Federal Government to prohibit the manufacture, possession use, sale, transport, import or export of specially dangerous explosives.--(1)ÿÿNotwithstanding anything contained in this Act, the Federal Government may from time to time, by notification in the official Gazette, prohibit, either absolutely or subject to conditions, the manufacture, possession, use, sale , transport, import or export of any explosive which is of so dangerous a character that, in the opinion of the Federal Government, it is expedient for the public safety to issue such notification.

(2)ÿThe Customs Act, 1969 (IV of 1969), shall have effect in relation to any explosive with regard to the importation of which a notification has been issued under sub-section (1), and the vessel, carriage or aircraft containing such explosive, as the said Act, have/has in relation to any article the importation of which is prohibited or regulated thereunder, and shall apply accordingly to the vessel, carriage or aircraft containing such article.

(3)ÿÿAny person manufacturing, possessing, using, selling, transporting, importing or exporting any explosive in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to thirty thousand rupees, and, in the case of importation by water, the owner and master of the vessel and in the case of importation by air, the owner and the master of the aircraft, in which the explosive is imported shall, in the absence of reasonable excuse, each be punishable with fine which may extend to thirty thousand rupees.

[6-A.ÿÿProhibition of manufacture, possession sale or use, transport, import and export of explosives by young persons and certain other persons.--(1)ÿNotwithstanding anything contained in this Act:--

(a) Any person:--

(i) Who has not completed the age of eighteen years; or

(ii) Who has been sentenced on conviction of any offence involving violence or morel turpitude for a term of not less than six months at any time during a period of five years after the expiration of the sentence; or

(iii) Who has been ordered to execute under the Code of Criminal Procedure, 1898 (Act V of 1898), a bond for keeping the peace or for good behavior, at anytime during the terms of the bond; or

(iv) Whose licence under this Act has been cancelled, for contravention of the provisions of this Act or of the rules made thereunder, at any time during a period of five years from the date of cancellation of such licence;

shall not:-

(i) Manufacture, sell, transport import or export any explosive; or

(ii) Possess or use any such explosive as the Federal Government may, having regard to the nature thereof, by notification in the official Gazette, specify, and

(b) No person shall sell, deliver or dispatch any explosive to a person whom he knows or has reason to believe at the time of such sale, delivery or dispatch:-

(i) To be prohibited under clause (a) to manufacture, sell, use, transport, import, export, or possess such explosive; or

(ii) To be of unsound mind or having physical disability.

(2)ÿWhoever:--

(a) Manufacture, possesses, sells, uses, transports, imports or exports any explosive in contravention of the provisions of clause (a) of sub-section (1); or

(b) Sells, delivers or dispatches any explosive in contravention of the provisions of clause (b) of sub-section (1).

shall be punishable with a fine not exceeding thirty thousand rupees.]

7.ÿÿPower to make rules conferring powers of inspection, search, seizure, detention and removal.--(1)ÿÿThe appropraite Government may make rules consistent with this Act authorising any officer, either by name or in virtue of his office:-

(a) To enter, inspect and examine any place, carriage, [,aircraft] or vessel in which an explosive is being manufactured, possessed, used, sold, transported [, exported] or imported in contravention of this Act or of the rules made under this Act;

(b) To search for explosives therein;

(d) To seize, detain, remove and, if necessary, destroy any explosive found therein.

(2)ÿÿThe provisions of the Code of Criminal Procedure relating to searches under that Code shall, so far as the same are applicable, apply to searches by officers authorized by rules under this section.

8.ÿÿNotice of accidents.--(1)ÿÿWhenever there occurs in or about, or in connection with, any place in which an explosive is manufactured, possessed or used, or any carriage [,aircraft] or vessel either conveying an explosive or on or from which an explosive is being loaded or unloaded, any accident by explosion or by fire attended with loss of human life of serious injury to person or property, or of a description usually attended with such loss or injury, the occupier of the place, or the master of the vessel, [or aircraft] or the person in charge of the carriage, as the case may be, shall within such time and in such manner as may be by rule prescribed give notice thereof and of the attendant loss of human life or personal injury, if any, to the Chief Inspector of Explosives in Pakistan] and to the officer in charge of the nearest Police Station.

(2)ÿÿWhoever in contravention of sub-section (1) fails to give notice of any accident shall be punishable with fine which may extend to five [thousand] rupees or if the accident is attended by loss of human life, with imprisonment for a term which may extend to three months, or with fine, or with both.]

9.ÿÿInquiry into accidents.--(1)ÿÿWhere any accident such as is referred to in Section 8 occurs in or about or in connection with any place, carriage [, aircraft] or vessel under the control of any of the armed forces of Pakistan, an inquiry into the causes of the accident shall be held by the naval, military, or air force authority concerned, and where any such accident occurs in any other circumstances, the District Magistrate shall, in cases attended by loss of human life, or may, in any other case, hold or direct a Magistrate subordinate to him to hold, such an inquiry.

(2)ÿÿAny person holding an inquiry under this section shall have all the powers of a Magistrate in holding an inquiry into an offence under the Code of Criminal Procedure, 1898 and may exercise such of the powers conferred on any officer by rules under Section 7 as he may think it necessary or expedient to exercise for the purposes of the inquiry.

(3)ÿÿThe person holding an inquiry under this section shall make a report to the Federal Government stating the causes of the accident and its circumstances.

(4)ÿÿ The Federal Government may make rules:

(a) To regulate the procedure at inquiries under this section;

(b) To enable the Chief Inspector of Explosives in Pakistan to be present or represented at any such inquiry;

(c) To permit the Chief Inspector of Explosives in Pakistan or his representative to examine any witnesses at the inquiry;

(d) To provide that where the Chief Inspector of Explosives in Pakistan is not present or represented at any such inquiry, a report of the proceedings thereof shall be sent to him;

(e) To prescribe the manner in which and the time within which notices referred to in Section 8 shall be given.

9-A.ÿÿInquiry into more serious accidents.--The appropriate Government may, where it is of opinion, whether or not it has received the report of an inquiry under Section 9, that an inquiry of more formal character should be held not the causes of an accident such as is referred to in Section 8, appoint the Chief Inspector of Explosives in Pakistan or any other competent person to hold such inquiry, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry.

(2)ÿÿWhere the Federal Government orders an inquiry under this section, it may also direct that any inquiry under Section 9 pending at the time shall be discontinued.

(3)ÿÿThe person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound so to do within the meaning of Section 176 of the Pakistan Penal Code.

(4)ÿÿAny person holding an inquiry under this section may exercise such of the powers conferred on any officer by rules under Section 7 as he may think it necessary or expedient to exercise for the purposes of the inquiry.

(5)ÿÿThe person holding an inquiry under this section shall make a report to the Federal Government stating the causes of the accident and its circumstances, and adding any observations which he or any of the assessors may think fit to make; and the Federal Government shall cause every report so made to be published at such time and in such manner as it may think fit.

(6)ÿÿThe Federal Government may make rules for regulating the procedure at inquiries under this section.]

[9-B. Offences by companies.--Where the person guilty of an offence under this Act, is a company, corporation, firm or institution, every director, partner and concerned employee of the company, corporation, firm or institution shall, unless he proves that the offence was committed without his knowledge or consent, be guilty of the offence.].

10.ÿÿForfeiture of explosives.--When a person is convicted of an offence punishable under this Act or the rules made under this Act, the Court before which he is convicted may direct that the explosive, or ingredient of the explosive, or the substance (if any) in respect of which the offence has been committed, or any part of that explosive, ingredient or substance, shall, with the receptacles containing the same, be forfeited.

[11.ÿÿDistress of aircraft or vessel.--Where the owner or master of any aircraft or vessel is adjudged under this Act or the rules, to pay a fine for any offence committed with, or in relation to, that aircraft or vessel, the Court may, in addition to any other power it may have for the purpose of compelling payment of the fine, direct it to be levied by distress and sale of:-

(a) The aircraft and in furniture or so much of the furniture; or

(b) The vessel and the tackle, apparel and furniture of such vessel or so much of the tackle, apparel and furniture thereof;

as is necessary for the payment of the fine.]

12.ÿÿAbetment and attempts.--Whoever abets, within the meaning of the Pakistan Penal Code, the commission of an offence punishable under this Act, or the rules made under this Act, or attempts to commit any such offence and in such attempt does any act towards the commission of the same, shall be punished as if he had committed the offence.

13.ÿÿPower to arrest without warrant persons committing dangerous offences.--Whoever is found committing any act for which he is punishable under this Act or the rules under this Act, and which tends to cause explosion or fire in or about any place where an explosive is manufactured or stored or any railway or port, or any carriage [aircraft or vessel], may be apprehended without a warrant by a Police-Officer, or by the occupier of, or the agent or servant of, or other person authorized by the occupier of, that place, or by any agent or servant of, or other person authorized by, the railway administration or conservator of the port [or the officer-in-charge of the air port] and be removed from the place where he is arrested and conveyed as soon as conveniently may be before a Magistrate.

14.ÿÿSaving and power to exempt.--(1)ÿÿNothing in this Act except Sections 8, 9 and 9A, shall apply to the manufacture, possession, use, transport [, import and export] of any explosive:-

(a) By any of the armed forces of Pakistan in accordance with rules or regulations made by the [Federal Government];

(b) By any person employed under the Appropriate Government [****] in execution of this Act.

(2)ÿÿThe Appropriate Government may by notification in the official Gazette exempt, absolutely or subject to any such conditions as it may think fit to impose, any explosive from all or any of the provisions of this Act.

15.ÿÿSaving of Arms Act, 1878.--Nothing in this Act shall affect the provisions of the Arms Act, 1878:

Provided that an authority granting a license under this Act for the manufacture, possession, sale, transport [, import and export] of an explosive may, if empowered in this behalf by the rules under which the license is granted, direct by an order written on the license that it shall have the effect of a like license granted under the said Arms Act.

16.ÿSaving as to liability under other law.--Nothing in this Act or the rules under this Act shall prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Act or those rules, or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act or those rules:

Provided that a person shall not be punished twice for the same offence.

17.ÿÿExtension of definition of "explosive" to other explosive substances.--The Appropriate Government may, from time to time by notification in the official Gazette, declare that any substance which appears to the Federal Government to be specially dangerous to life or property, by reason either of its explosive properties or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this Act, and the provisions of this Act (subject to such exceptions, limitations and restrictions as may be specified in the notification) shall accordingly extend to that substance in like manner as if it were included in the definition of the term "explosive, in this Act.

18.ÿProcedure for making publication and confirmation of rules.--(1)ÿÿAn authority making rules under this Act shall, before making the rules, publish a draft of the proposed rules for the information of persons likely to be affected thereby.

(2)ÿÿThe publication shall be made in such manner as the Federal Government] from time to time, by notification in the official Gazette] prescribes.

(3)ÿÿThere shall be published with the draft a notice specifying a date at or after which the draft will be taken into consideration.

(4)ÿÿThe authority making the rules shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified.

(5)ÿÿA rule made under this Act shall not take effect until it has been published in the official Gazette.

(6)ÿÿThe publication in the official Gazette of a rule purporting to be made under this Act shall be conclusive evidence that it has been duly made, and, if it requires sanction, that it has been duly sanctioned.

(7)ÿÿAll powers to make rules conferred by this Act may be exercised from time to time as occasion requires.

[19.ÿÿTransportation of explosives by air.--The transportation of explosives by air shall be carried out by cargo and other permissible aircraft and not by passenger aircraft in accordance with the rules and regulations of International Civil Aviation Organization (ICAO), International Air Transport Association (IATA) and Civil Aviation Authority of Pakistan (CAA).]

20.ÿÿRemoval of difficulties.--If any difficulty arises in giving effect to any provision of this Ordinance, the Federal Government may, by notification in the official Gazette, make such provisions, not inconsistent with the provisions of this Ordinance, as may appear to it to be appropriate or necessary for the purpose of removing such difficulty.]

_________________

THE

EXPLOSIVE SUBSTANCES

ACT, 1908

[NO. VI OF 1908]

[8th June, 1908]

An Act further to amend the law relating to

explosive substances.

Whereas it is necessary further to amend the law relating to explosive substances:

It is hereby enacted as follows:

2. Definition of "explosive substances".--In this Act the expression "explosive substance" shall be deemed to include any materials for making any explosive substance also any apparatus, impalement or material used, or intended to be used, or adapted for causing or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement.

3. Punishment for causing explosion likely to endanger life or property.--Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually cause or not, be punished with death or imprisonment for life.

4. Punishment for attempt to cause explosion or for making or keeping explosive with intent to endanger life or property.--Any person who unlawful and maliciously:--

(a) does any act with intent to cause by an explosive substance, or conspires to cause by an explosive substance, an explosion in Pakistan of a nature likely to endanger life or to cause serious injury or property; or

(b) makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life, or cause serious injury to property in Pakistan, or to enable any other person by means thereof endanger life or cause serious injury to property in Pakistan;

shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be punished with imprisonment for life or any shorter terms which shall not be less than seven years.

5. Punishment for making or possession explosive under suspicious circumstances.--Any person who makes or knowingly has in his possession or under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it to does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be punishable with imprisonment for a term which may extend to fourteen years.

5-A. Forfeiture of property.--A Court convicting a person for an offence against this Act shall direct that the whole of his property shall stand forfeited to Government.

6. Punishment of abettors.--Any person who by the supply of or solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever, procures, aids, abets, or is accessory to, the commission of any offence under this Act shall be punished with the punishment provided for the offence.

7. Restriction on trial of offences.--No Court shall proceed to the trial of any person for an offence against this Act except with the consent of the Provincial Government or an officer authorised in this behalf by the Provincial Government.

----------------------

FEDERALLY ADMINISTERED TRIBAL AREAS FOOD-STUFF (CONTROL) REGULATION, 1994

An regulation to provide for the regulation of supply,

distribution movement and trade of food-stuff in

the Federally Administered Tribal-Areas

[The Gazette of Pakistan, Extraordinary, Part I,

Sep. 14, 1994]

Whereas it expedient in the public interest to control and regulate the supply, distribution, movement and trade of food-stuff in the Federally Administered Tribal Areas;

Now, therefore, in exercise of the powers conferred by clause (5) of Article 247 of the Constitution of the Islamic Republic of Pakistan, for the peace and good Government in the Federally Administered Tribal Areas, the President is pleased to make the following Regulation.

1. Shot title, extent and commencement.--(1) This Regulation may be called the Federally Administered Tribal Areas Food-stuff (Control) Regulation, 1994.

(2) It extends to the whole of the Federally Administered Tribal Areas.

(3)ÿIt shall come into force at once.

2. Definitions.--In this Regulation, unless there is anything repugnant in the subject or context,--

(a) "Court" means the Council of Elders constituted under the Frontier Crimes Regulation, 1901 (Regulations No. III of 1901);

(b) "food-stuff" means various food items specified in the Appendix or such other items as the Governor may, by notification in the official Gazette, declare to be food-stuff for the purposes of this Regulation;

(d) "Governor" means the Governor of North-West Frontier Province.

3.ÿÿPowers to regulate and control of supply, distribution, etc. of food-stuff.--(1) Whereas it deems necessary or expedient for maintaining supplies of any foodstuff or for securing its equitable distribution and availability at fair prices, the Governor may, y an order, as may be notified, regulate, prohibit or restrict the storage, movement, transport, supply, distribution, disposal, acquisition, use, consumption, trade or commerce of any food-stuff in the Federally Administered Tribal Areas.

(2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide for --

(a) regulating by licences, permits or otherwise, the manufacture of any article of food from any food-stuff;

(b) controlling the prices at which any food-stuff may be bought or sold;

(c) regulating by licences, permits or otherwise, the storage, transport, distribution, disposal, acquisition, use or consumption of any food-stuff;

(d) prohibiting the withholding from sale of any food-stuff ordinarily kept for sale;

(e) requiring any person holding stock of any food-stuff to sell the whole or specified part of such stock to such persons or class of persons or in such manner as may be specified in the order;

(f) regulating or prohibiting any class of commercial or financial transactions relating to any food-stuff which, in the opinion of the Governor, is, or is likely to be, determined to the public interest;

(g) collecting any information or statistics with a view to regulating a prohibiting any of the aforesaid matter;

(h) requiring persons engaged in the supply, distribution, trade or commerce of the food-stuff to maintain and produce for inspection on such books, accounts, and records relating to their business and to furnish such information relating thereto as may be specified in the order;

(i) supply of copies of any documents;

(j) any incidental and supplementary matters, including to enter and search any premises, vehicles, vessel, aircraft and seizure of any article in respect of which there is a reason to belie that a contravention of the order has been, or is being made or any attempt is being made to destroy and record connected therewith.

4.ÿÿDelegation of powers.--The Governor may, by order, as may be notified, direct that the power to make order under Section 3 shall, in relation to such matters and subject to such conditions, if any, as specified therein, be exercisable also by an officer or authority subordinate to him.

5.ÿÿEffect of order.--Any order made under Section 3 shall have effect notwithstanding anything inconsistent therewith contained in any law for the time begin in force or any instrument having effect by virtue of any enactment other than this Regulation.

6.ÿÿPenalties.--(1) If any person contravenes any order under Section 3 he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both, and if the order so provides, the Court shall, in respect of food-stuff of which the order has been contravened, direct to be forfeited to the Government unless, for reasons to be recorded in writing, the court is of the opinion that such direction should not be made in respect of the whole, or as the case may be, a part of the food-stuff.

(2) The owner of vessel, conveyance or animal transporting any food-stuff in respect of which an order under Section 3 is contravened shall be deemed to have contravened the order, and in addition to the punishment to which he shall be liable under sub-section (1), such vessel, conveyance or animal shall, when the directions of the Court provides for forfeited of the food-stuff in respect of which the order is contravened, be forfeited to the Government.

(3) If any person to whom any direction is given under sub-section (2) of Section 3, fails to comply with such direction he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

7.ÿÿAttempt and abetments.--Any person who attempts to contravene or abets the contravention of any notified order shall be deemed to have contravened that order.

8.ÿÿOffences by corporation.--If the person contravening an order made under Section 3 is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.

9.ÿÿFalse statements.--If any person--

(i) when required by a order made under Section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or

(ii) makes any such statement as aforesaid in any book, account, record, declaration return or other document which he is required by any such order to maintain or furnish, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

10. Cognizance of offences.--No Court shall have cognizance of any offence punishable under this Regulation except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in Section 21 of the Pakistan Penal Code (Act XLV of 1860).

11.ÿÿBar of jurisdiction.--No order made in exercise of an power conferred by or under this Regulation shall be called in question in any Court.

12.ÿÿPresumption as to orders.--(1) Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Regulation, the Court shall presume such order to have been made by that authority.

(2) No suit or other legal proceeding shall lie in any Civil Court in respect of any matter which the Governor or any officer or authority is empowered by or under the Regulation or the orders made thereunder to determine and no injunction or process or order shall be granted by such Court in respect of any action taken or to be taken in exercise of any power conferred by or under this Regulation or the order made thereunder.

13. Burden of proof in certain cases.--Where any person is prosecuted for contravening any order made under Section 3 which prohibits him from doing an act or being in possession of food-stuff without lawful authority or without a permit, licence or other document the burden of proving that he has such authority, permit licence or other document, shall be on such person.

14. Protection of action taken under the Regulation.--(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is, in good faith, done or intended to be done in pursuance of any order made under this Regulation.

(2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything which is, in good faith, done or intended to be done in pursuance of any order made under this Regular.

15. Power to make rules.--The Governor may, from time to time, by notification in the official Gazette, make rules consistent with this Regulation to regulate.

(a) the disposal of property or food stuff forfeited to Government under this Regulation or the orders made under Section 3; and

(b) the reward to be paid to officers out of such confiscations.

[For Appendix, please see Gazette of Pak. Ext. Part I, Sep. 14, 1994, at pp. 735-36].

---------------------

THE

FOODSTUFFS [CONTROL]

ACT, 1958

[W.P. ACT XX OF 1958]

[23rd April, 1958]

An Act to provide for the continuance of powers

to control the supply and distribution of, and

trade and commerce inn, foodstuffs

Preamble.--Whereas it is expedient in the public interest to provide for the continuance of powers to control the supply, distribution and movement of, and trade and commerce in foodstuffs in, all the Provinces1

It is hereby enacted as follows:-

1. Short title, extent and commencement.--(1) This Act may be called the Foodstuffs (Control) Act, 1959.

(2) It extends to all the Provinces except the Tribal Areas.

(3) It shall come into force at once.

COMMENTS

Application to Tribal Areas of Baluchistan.--2[It extends to the following Tribal Areas of the Province of Baluchistan, namely:-

(a) the Dalbandin Tehsil including Western Sinjrani country of the Chagai District; and

(b) the Tehsils of Fortstandeman, Hindubagh and Killasaifullah or the Zhob District.

The provisions of the Foodstuffs (Control) Act, 1958 and all notifications and orders issued thereunder shall, so far as may be, apply to the Tribal Areas to which this Regulation extends.]

Investigation and trial.--Since the Act does not contain any special provisions regarding the investigation, inquiry or trial of offences created under it the provisions of Sec. 406 and of Secs. 435 to 439 of the Cr.P.C. apply to trials under this Act.

2. Definitions.--In this Act, unless there is anything repugnant in the subject or context:-

(a) "foodstuff" means any of the following classes of commodities;-

(i) wheat, wheat atta, maida, rawa and suji;

(ii) rice and paddy;

(iii) sugar; and

(iv) such other commodity or class or commodities as may be declared and notified by the Government to be foodstuffs for the purposes of this Act;

(b) "Government" means the Provincial Government of the Punjab; and

3. Powers to control supply, distribution, etc., of foodstuffs.--(1) The Government, so far as it appears to it to be necessary or expedient for maintaining supplies of any foodstuffs or for securing its equitable distribution and availability at fair prices, may, by notified, order, provide for regulating or prohibiting the keeping, storage, movement, transport, supply, distribution, disposal, acquisition use or consumption thereof and trade and commerce therein.

(2) Without prejudice to the generality of the powers conferred by sub-section (1) an order made thereunder may provide:-

(a) for regulating by licences, permits or otherwise the manufacture of any article of food from any foodstuffs;

(b) for controlling the prices at which any foodstuff may be bought or sold;

(c) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of any foodstuff;

(d) for prohibiting the withholding form sale of any foodstuff ordinarily kept for sale;

(e) for requiring any person holding stock of any foodstuff to sell the whole or a specified part of the stock to such persons or class of persons or in such circumstances as may be specified in the order;

(f) for regulating or prohibiting any class of commercial or financial transactions relating to any foodstuffs which, in the opinion of the authority making the order is, or is likely to be, detrimental to public interest;

4[(ff) for levying fees or charges to meet the expenses incurred by Government on the administration of this Act];

(g) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters;

(h) for requiring persons engaged in the supply of distribution of, or trade or commerce in, any foodstuff, to maintain and produce for inspection such books, accounts and records elating to their business and to furnish such information relating thereto as may be specified in the order;

(i) for any incidental and supplementary matters including in particular, the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorised to make such search of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed, or any records connected therewith, the grant or issue of licences, permits or other documents, and he charging of fees therefore.

5[SIND AMENDMENT:

The Governor of Sind is pleased to direct that the powers of Government under Section 3 of the Foodstuff (Control) Act, 1858 shall be exercisable by the Deputy Commissioner, Karachi in his District, in respect of milk (skimmed and whole) and vegetable.]

4. Delegation of powers.--The Government may, by notified order, direct that the power to make orders under Section 3 shall, in relation to such matters and subjects to such conditions, if any, as may be specified in the direction, be exercisable also be an officer or authority subordinate to the Government.

6[4-A. Notwithstanding anything to the contrary contained in this order, no host shall distribute, serve or offer; caused to be disturbed, served or offered, any eatables except hot or hot beverages at feasts for wadding parties in case such ceremonies are held in the same city, town or village.]

5. Effect of orders inconsistent with other enactments.--Any order made under Section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment, other than this Act, or any instrument having effect by virtue of any enactment, other than this Act.

6. Penalties.--(1) If any person contravenes any order made under Section 3, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both and, if the order so provides, any Court of tribunal trying such contravention shall direct that any property in respect of which the Court or tribunal is satisfied that the order has been contravened shall be forfeited to the Government, unless for reasons to be recorded in writing, it is of the opinion that the direction should not be made in respect of the whole, or as the case may be, a part of the property.

(2) The owner of any vessel, conveyance or animal carrying any property in respect of which an order under Section 3 is contravened, shall, if the carrying is part of the transaction involving the contravention and if he knew or had reason to believe that the contravention was being committed, be deemed to have contravened the order, and, in addition to the punishment to which he is liable under sub-section (1), the vessel, conveyance, or animal shall when the order provides for forfeiture of the property in respect of which the order is contravened, be forfeited to the Government.

(3) If any person to whom a direction is given under sub-section (3) of Section 3 fails to comply with the direction, he shall be punished with imprisonment for a term which may extend to three years or with fine, or with both.

7[N.W.F.P. AMENDMENT:

6-A. Disposal of property forfeited to Government.--Government may, from time to time, by notification in the official Gazette, make rules consistent with this Act, to regulate-

(a) the disposal of property forfeited to Government under this Act or the orders made under Section 3; and

(b) the reward to be paid to officers out of such confiscations.]

7. Attempt and abetments.--Any person who attempts to contravene, or abets the contravention of any order made under Section 3 shall be deemed to have contravened that order.

8. Offence by corporation.--If the person contravening an order made under Section 3 is a company or other body corporate, every director, manger, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.

9. False statement.--If any person-

(i) when required by an order made under Section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or

(ii) makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish,

he shall be punished with imprisonment for a term which may extend or three years or with fine or with both.

8[SINDH AMENDMENT:

(2) Any Officer or official of the Food Department who issues or attempts to issue or abets the issuing of a ration document which he knows or has reason to believe to be bogus, shall be punished with imprisonment for a term which may extend to three years or with fine or with both.]

9-A. Trials by tribunal.--All offences punishable under this Act shall be excessively triable by a tribunal constituted under this Act.

9-B. Constitution of tribunals.--(1) Government may by notification in the official Gazette, constitute, for the whole or any part of the province of the Punjab one or more tribunals consisting of a person who-

(a) has to his credit, five years practice as an Advocate; or

(b) has for a total period of not less than three years exercised, whether continuously or not, the powers of a First Class Magistrate under the Code of Criminal Procedure, 1898; or

(2) A Tribunal shall sit at such place as the Government may, by notification in the official Gazette, specify in this behalf.

9-C. Power of Tribunal.--A tribunal may pass any sentence and exercise all or any of the powers which a Magistrate of the First Class empowered under Sec. 30 of the Code of Criminal Procedure, 1898, may pass or exercise under the said Code.

9-D. Appeal.--(1) A person sentenced by a tribunal shall have a right of appeal to the Court of Session having jurisdiction in the are within thirty days of the passing of the sentence.

(2) Save as provided in sub-section (1), on Court shall have authority to revise such sentence, or to transfer any case from a tribunal or to make order under Sections 426, 491 or 498 of the Code of Criminal Procedure, 1898, or have jurisdiction of any kind in respect of any proceeding of a tribunal.

9-E. Transfer of cases.--All case regarding any matter within the jurisdiction of a tribunal pending trial in any Court immediately before the constitution of a tribunal under this Act, shall stand transferred to such tribunal.]

10. Cognizance of offences.--No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constitution such offence made by a person who is a public servant such as defined in Section 21 of the Pakistan Penal Code, 1860.

10[PUNJAB AMENDMENT:

10. Offence and procedure.--(1) Offence under this Act shall be cognizable and non-bailable.

(2) The procedure for the trial of offences under this Act shall be the same as is laid down in the Code of Criminal Procedure, 1898, for summary trials.]

10Provided that whenever a tribunal considers it desirable, it may follow the procedure laid down in the Code of Criminal Procedure, 1898, for the trial of Summons Cases by Magistrates.]

11. Bar of jurisdiction and reference to Arbitration.--(1) No order made in exercise of any power conferred by or under this Act shall be called in question in any Court.

(2) Save any order passed by a tribunal under Section 9-C of this Act, any person aggrieved by an order made in exercise of any power conferred by or under this Act, may by an application in writing within 30 days of the passing of the order refer the matter to the arbitration of a sole arbitrator appointed by the Government.

(3) The Government shall son after the enforcement of these provisions, appoint one or more arbitrations for all cases, or different arbitrators for difference classes of cases under this Act.

(4) All suits, appeals or applications regarding matters to which this Act applies, pending in any Court, except an appeal against the order of a tribunal preferred to the Court of Session under Section 9-D of this Act, shall abate.

(5) A reference to arbitration under sub-section (2) in respect of such orders as were subject-matter of a suit, appeal or application which abated under sub-section 4), may be made to an Arbitrator within 30 days of the enforcement of these provisions.

11-A. Presumption as to orders.--Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a Court shall presumed within the meaning of the Qanun-e-Shahadat Order, 1984, that such order was so made by that authority.

11[N.W.F.P. AMENDMENT:

11-A. Bar of jurisdiction.--No suit or other proceedings shall lie in any Civil Court in respect of any matter which the Provincial Government or any officer or authority is empowered by or under this Act, or the orders made thereunder to determine, and no in junction or process or order shall be granted by any such Court in respect of any action taken or to be taken in exercise of any power conferred by or under this Act or the orders made thereunder].

12. Burden of proof in certain cases.--Where any person is prosecuted for contravening any order made under Section 3 which prohibits him from doing an act of being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document, shall be on him.

13. Protection of action taken under the Act.--(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done in pursuance of any order made under Section 3.

(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is, in good faith, done, or intended to be done in pursuance of any order made under Section 3.

12. Repeal.--The following enactments are hereby repealed, namely:-

(1) The Bahawalpur Foodgrains Control Act, 1947.

(2) The Bahawalpur Control of Essential Supplies Commodities, Act, 1948 (III of 1948).

(3) The Foodstuffs (Control) Ordinance, 1957 (XI of 1957).

------------------

THE

FOREIGNERS ACT, 1946

(XXXI of 1946)

[23rd November, 1946]

An Act to confer upon the Central Government

certain powers in respect of foreigners

Preamble.--Whereas it is expedient to provide for the exercise by the Central Government of Central powers in respect of the entry of the Foreigners into Pakistan, their presence therein departure therefrom. It is hereby enacted as follows:

PRELIMINARY

1. Short title.--(1) This Act may be called the Foreigners Act, 1946.

(2) Extent, commencement.--It extends to the whole of Pakistan and it shall come into force on the 23rd day of November, 1946.

2. Definition.--In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:-

(a) "Foreigner" means a person who is not a Citizen of Pakistan.

(b) "Prescribed" means a prescribed by orders made under this Act.

S.R.O. 603(1)/74.--In exercise of the powers conferred by Section 3 of the Foreigners act, 1946 (XXXI of 1946) the Federal Government is pleased to order that nation of Bangladesh shall enter Pakistan except on the authority, of a permit endorsed on his passport by a Pakistan diplomatic, consular or passport authority, or where there is no such authority, by an authority authorised in this behalf by the Federal Government.

3. Power to make orders.--(1) The Central Government may by orders make provision either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting regulating or restricting the entry of foreigners into Pakistan, or their departure therefrom or their presence or continued presence therein.

(2) In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner:--

(a) shall not enter Pakistan or shall enter Pakistan only at such times and by such route and at such part or place and subject to the observance of such conditions on arrival as may be prescribed;

(b) shall not depart from Pakistan or shall depart only as such times and by such route and form such port or place and subject to the observance of such conditions or departure as may be prescribed;

(d) shall remove himself to, and remain in, such area in Pakistan may be prescribed;

(e) shall comply with such conditions as may be prescribed or specified--

(i) requiring him to reside in a particular place;

(ii) imposing any restrictions on his movements;

(iii) requiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or specified;

(iv) requiring him to allow his photograph and finger impressions to be taken and to furnish specimens of his handwriting and signature to authority and at such time and place as may be prescribed or specified;

(v) requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or specified;

(vi) prohibiting him from association with persons of a prescribed or specified description;

(vii) prohibiting him from engaging in activities of a prescribed or specified description;

(viii) prohibiting him from using or possession prescribed or specified articles;

(ix) otherwise regulating his conduct in any such particular as may be prescribed or specified;

(f) shall enter into a bon with or without sureties for the due observance of or as an alternative to the enforcement of pay or all prescribed or specified restrictions or conditions;

(g) shall be arrested and, in the interest of the security of Pakistan, detained or confined:

Provided that a person shall not be detained for a period longer than two months without the authority of a Board consisting of a Judge of the Supreme Court who shall be nominated by the Chief Justice of the Court and another senior officer in the service of Pakistan, who shall be nominated by the President.

(3) An order made under sub-section (2 may make provisions for such incidental and supplementary matters as may in the opinion of the Central Government be expedient or necessary for giving effect to the provisions of this Act.

(4) The Provisions of sub-section (2) of Section 6 of the Security of Pakistan Act, 1952) (XXXV of 1952) and those of Section 6A of that Act, shall mutatis mutandis, apply in relation to a person detained under this Act as they apply in relation to a person detained under this Act.

4. Internees.--(1) Any foreigner (hereinafter referred to as in internee) in respect of whom there is in force any order made under clause (g) of sub-section (2) of Section 3, directing that he be detained, or confined, shall be detained, or confined in such place and manner and subject to such conditions as to maintenance, discipline and the punishment of offences and breaches of discipline as the Central Government may from time to time determine.

(2) Any foreigner hereinafter referred to as a person on parole in respect of whom there is in force an order under clause (c) of sub-section (2) of Section 3 requiring him to reside at a place set part from the residence under supervision of a number of foreigners, shall while residing therein be subject to such conditions as to maintenance, discipline and the punishment of offence and breaches of discipline as the Central Government may from time to time by order determine.

(3) No person shall:-

(a) knowingly assist an interne or a person on parole to escape from custody or the place set apart for his residence, or knowingly harbour an escaped internee or person on parole, or

(b) give an escaped internee or a person on prole any assistance with intent thereby to prevent, hinder or interfere with the apprehension of the internee the person on parole.

(4) The Central Government may by order provide for regulating access to, and the conduct of person in place in, Pakistan where internees or persons on parole are detained or restricted, as the case may be and for prohibiting or regulating the despatch on conveyance from outside such places to or for internees or persons on prole therein of such articles as may be prescribed.

5. Change of name.--No foreigner who was in Pakistan on the date on which this Act came into force shall, while in Pakistan after that date, assume or use or purport to assume or use for any purpose any name other than that be which he was ordinary known immediately before the said date.

(2) Where, after the date on which this Act came into force, any foreigner carries on or purports to a carry on (whether along or in association with any other person) any trade or business under any name or style, other than that by such that trade or business was being carried on immediately before the date, he shall, for the purposes of sub-section (1), be deemed to be using a name other than that by which he was ordinarily knowing immediately before the said date.

(3) In relation to any foreigner who, not having been in Pakistan on the date on which this Act came into force, thereafter enters Pakistan, sub-sections (1) and (2) shall have effect as if for any reference in those sub-section to the date on which this act came into force there were substituted a reference to the date on which he first enters Pakistan thereafter.

(4) For the purposes of this section--

(a) the expression "name" includes a surname, and

(b) a name shall be deemed to be changed if the spelling thereof is altered.

(5) Nothing in this shall apply to the assumption or use--

(a) of any name in pursuance of a [omitted] by the Adaptation(Security Laws) Order, 1956, Section 4 (4) permission granted by the Central Government; or

(b) by any married woman, of her husband's name.

6. Obligations of matters of vessels, etc.--(1) The masters of any Vessel landing or embarking at a port in Pakistan, passengers coming to or going from that port by sea and the pilot any aircraft landing or embarking at any place in Pakistan, passengers coming to or going from that place by air, shall furnish to such person and in such manner as may be prescribed a return giving the prescribed particulars with respect to any passengers or members of the crew, who are foreigners.

(2) Any District Magistrate and ("any Commissioner of Police or where there is no Commissioner of Police" omitted by the A.O., 1949) any Superintendent of Police may for any purpose connected with the enforcement of this Act or any Order made thereunder, require the master of any such Vessel or the pilot of any such aircraft to furnish such information as may be prescribed in respect of passengers or members of the Crew on such Vessel or aircraft, as the case may be.

(3) Any passenger on such vessel or such aircraft and any member of the crew of such vessel or aircraft shall furnish to the master of vessel or the pilot of the aircraft, as the case may be, any information required by him for the purpose of furnishing the returned referred to in sub-section (1) or for furnishing the information under sub-section (2).

(4) For the purpose of this section--

(a) "master of a vessel" and "pilot of any aircraft" shall include any person authorised by such master or pilot as the case may be, to discharge on his behalf any of the duties imposed on him by this section;

(b) "passenger" means any person not being a bona fide member of the crew, travelling or seeking to travel on a vessel or aircraft.

7. Obligation of hotel-keepers and others to furnish particulars.--It shall be the duty of the keeper of any premises whether furnished or unfurnished where lodging or sleeping accommodation is provided for reward, to submit to such person and in such manner such information in respect of foreigners accommodated in such premises, as may be prescribed.

Explanation.--The information referred to in this sub-section may relate to all or any of the foreigners accommodated at such premises and may be required to be submitted periodically or at any specific time or occasion.

(2) Every person accommodated in any such premises shall furnish to the keeper thereof a statement containing such particulars as may be required by the keepers for the purpose of furnishing the information referred to in sub-section (1).

(3) The keeper of every such premises shall maintain a record of the information furnished by him under sub-section (1) and of the information obtained by him under sub-section (2) and such record shall be maintained in such manner and preserved for such period as may be prescribed and shall at all times be open to inspection by any police-officer or by a person authorised in this behalf by District Magistrate.

8. Determination of Nationality.--When a foreigner is recognised as a national by the law of more than one foreign country or where for any reason it is uncertain what nationality, if any, is to be ascribed to a foreigner, that foreigner, may be treated as the national of the country with which he appears to the prescribed authority to be most closely connected for the time begin in interest or sympathy or if he is of uncertain nationality, of the country with which he was last so connected:

Provided that where a foreigner acquired a nationality by birth, he shall, except where the Central Government so directs either generally or in a particular case, be deemed to retain that nationality unless he proves to the satisfaction of the said authority that he has subsequently acquired by naturalization or otherwise some other nationality and still recognised as entitled to protection by the Government of the Country whose nationality he has so acquired.

(2) A decision as to nationality given under sub-section (1) shall be final and shall not be called in question in any Court.

9. Burden of proof.--If in any case not failing under Section 8 any question arises with reference to this Act or any order made or direction given thereunder, whether any person or is not a foreigner or is not a foreigner of a particular class or description the onus of proving that such person is not a foreigner or is not a foreigner of such particular class or description as the case may be, shall, notwithstanding anything contained in the Evidence Act, 1872, lie upon such person.

10. Power to except from application of Act.--The Central Government may by order declare that any or all of the provisions of this Act or the orders made thereunder shall not apply, or shall apply only with such modifications or subject to such conditions as may be specified, in or in relation to any individual foreigner or any class or description of foreigner.

11. Power to give effect to orders, directions, etc.--(1) Any authority empowered by or under or in pursuance of the provisions of this act to give any direction or to exercise any other power, may in addition to any other action expressly provided for in this Act, take or cause to be taken such steps and use, or caused to be used, such force as may, in its opinion, be reasonably necessary for securing compliance with such direction or for preventing or rectifying any breach thereof, or for the effective exercise of such power, as the case may be.

(2) Any police officer may take such steps and use force as may, in his opinion be reasonably necessary for securing compliance with any order made of direction given under or in pursuance of the provisions of this Act or for preventing or rectifying any breach of such order or direction.

(3) The power conferred by this section shall be deemed to confer upon any person acting in exercise thereof a right of access to any land or other property whatsoever.

12. Power to delegate authority.--Any authority upon which any power to make or give any direction, consent or permission or to do any other act is conferred by this Act or by any order made thereunder may, unless express provision is made to the contrary, in writing authority, conditionally or otherwise, any authority subordinate to it to exercise such power on its behalf, and thereupon the said subordinate authority shall, subject to such conditions as may be contained in the authorisation, be deemed to be the authority upon which such power is conferred by or under this Act.

13. Attempt, etc. to contravene the provisions of this act etc.--(1) Any person who attempts to contravance, of abets or attempts to abets, or does any act preparatory to a contravention of the provision of this Act or of any order made of direction given thereunder, or falls or comply with any direction given in pursuance of any such order shall be deemed to have contravened the provisions of this act.

(2) Any person who, knowing or having reasonable cause to believe that any other person has contravened the provision of this Act or of any order made or direction given thereunder, gives, the other person any assistance with intent thereby to prevent hinder or otherwise interfere with his arrest, trial or punishment for the said contravention shall be deemed to have abetted that contravention.

(3) The master of any vessel or the pilot of any aircraft, as the case may be, be means of which any foreigner enters or leaves Pakistan in contravention of any order made under, or direction given in pursuance of, Section 3 shall, unless be proves that he exercised all due diligence to prevent the said contravention, be deemed to have contravened this Act.

14. Penalties.--If any person contravenes the provisions of this Act or of any order made thereunder, or any direction given in pursuance of this Act to such order, he shall be punished with imprisonment for a term which may extend to give years and shall also be liable to fine and if such person has entered into a bond in pursuance of clause (f) of sub-section (2) of Section 3, has bond shall be forfeited, and any person bound thereby shall pay the penalty thereof or, show cause to the satisfaction of the convicting court why such penalty should not be paid.

Constitutional petition. Cancellation of visa.--Government being fully competent to permit any foreigner to stay or to deport him if found not entitled to stay in the country, had absolute powers to give or cancel the visa without hearing him or given any reason. Order cancelling the visa of the application who was not a citizen of Pakistan fell within the jurisdiction of the Authority and his exercise of such jurisdiction was not colourful; and mala fide. Impugned order being not without lawful authority, Constitutional petition was dismissed.

15. Protection to persons acting under this Act.--No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

16. Application of other laws not barred.--The provisions of this Act, shall be in addition to, and not in derogation of, the provisions of the Registration of Foreigners Act, 1939 (XVI of 1939), the Passport Act, 1920 (XXXIV of 1920), and of an other enactment for the time begin in force.

17. Repeals.--The Foreigners Act, (1864), (III of 1864) the Foreigner Act, 1940 (II of 1940) and the Foreigners Act, (Amendment) Ordinance, 1946, (Ord. XXI of 1946), are hereby repealed.

--------------

FOREIGN CURRENCY ACCOUNTS (PROTECTION) ORDINANCE, 2001

[ORDINANCE L OF 2001]

An Ordinance to provide for protection to foreign currency accounts

[28th September, 2001]

F. No. 2(1)/2001-Pub., dated 28.9.2001.--The following Ordinance promulgated by the President is hereby published for general information:

Whereas it is expedient to provide for protection to foreign currency accounts and for matters connected therewith or ancillary thereto:

And whereas the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in pursuance of the proclamation of Emergency of the Fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance.

1. Short title, extent and commencement.--(1) This Ordinance may be called the Foreign Currency Accounts (Protection) Ordinance, 2001.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.--In this Ordinance unless there is anything repugnant in the subject or context,--

(a) "Authorized dealer" means a person authorized, under Section 3 of the Foreign Exchange Regulation Act 1947, (VII of 1947), by the State Bank to deal in foreign exchange;

(b) "Foreign Currency" means the foreign currency other than the Pakistan currency;

(c) "Foreign currency accounts" means a foreign currency account opened with an authorized dealer after the 28th May, 1998; and

(d) "State Bank" means the State Bank of Pakistan established under the State Bank of Pakistan Act, 1956 (XXXIII of 1956).

3. Protection of foreign currency accounts.--No person holding a foreign currency account shall be deprived of his right to hold or operate such account or in any manner be restricted temporarily or permanently to lawfully sell, withdraw, remit, transfer, use as security or take out foreign currency therefrom within or outside Pakistan.

4. Indemnity.--No suit or other legal proceedings shall lie against the Federal Government or any person for anything in good faith done or intended to be done in pursuance of this Ordinance or any rule; direction or order made thereunder.

5. Ordinance to override other laws.--(1) Subject to sub-section (2), the provisions of this Ordinance shall have effect notwithstanding anything contained in the Foreign Exchange Regulation Act, 1947 (VII of 1947) the Customs Act, 1969 (IV of 1969), the Income Tax Ordinance, 1979 (XXXI of 1979) or any other law for the time being in force.

(2) The protection provided to a foreign currency account holder under this Ordinance shall be in addition to, and not in derogation of, the protection provided under the Protection of Economic Reforms Act, 1992 (XII of 1992).

6. Power to make rules, etc.--(1) The Federal Government may, in consultation with the State Bank, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

(2) The State Bank may make regulations consistent with the provisions of this Ordinance and the rules made thereunder to provide for all matters for which provision is necessary for the purpose of giving effect to the provisions of this Ordinance.

(3) All rules, regulations, under or instructions in respect of foreign currency accounts made or issued by the Federal Government or, as the case may be, the State Bank, before the commencement of this Ordinance, shall in so far as they are not inconsistent with the provisions of this Ordinance, shall have effect and shall be deemed to have been made or issued under this Ordinance.

---------------

THE

FOREST ACT, 1927

(ACT No. XVI OF 1927)

[21st September, 1927]

An Act to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce.

Whereas it is expedient consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce;

It is hereby enacted as follows:--

CHAPTER-I

PRELIMINARY

1. Short title and extent.--(1) This Act may be called the Forest Act, 1927.

[(2) It extends to Sindh, the Punjab and the North-West Frontier (except the District of Hazara).]

(3) The Provincial Government of West Pakistan may, by notification in the Official Gazette, extend this Act to the rest of the Province or any specified part thereof.

2. Interpretation clause.--In this Act, unless there is anything repugnant in the subject of context,--

(1) "cattle" includes elephants, camels, buffaloes, horses, mares, geldings ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids.

(2) "Forest Officer" means any person whom the Provincial Government or any officer empowered by the Provincial Government in this behalf may appoint to carry out all or any of the purposes of this Act or to do anything required by this Act or any rule made thereunder to be done by a Forest Officer;

(3) "forest-offence" means an offence punishable under this Act, or under any rule made thereunder;

(4) "forest-produce" includes,--

(a) the following whether found in or brought from, a forest or not that is to say--

timber, charcoal, caoutchouc, eatechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers mahua seeds (kuth), and any myrobolams, and

(b) the following when found in, or brought from, a forest, that is to say--

(i) trees and leaves, flowers and fruits, and all other parts, or produce not hereinbefore mentioned, of trees;

(ii) plants not being trees (including grass, creepers, reeds and moss) and all parts or produce of such plants;

(iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey, and wax, and all other parts of produce of animals; and

(iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all products of mines of quarries).

(4A) "owner" includes a Court of Wards in respect of property under the superintendence or charge of such Court;

(5) "river" includes any stream, canal, creek or other channels, natural or artificial;

(6) "timber" includes trees when they have fallen or have been felled, and all word whether cut up or fashioned or hollowed out for any purpose or not; and

(7) "tree" includes plam, bamboos, stumps, brush-wood and canes.

CHAPTER-II

OF RESERVED FORESTS

3. Power to reserve forests.--The Provincial Government may constitute any forest-land or waste-land which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner hereinafter provided.

4. Notification by Provincial Government.--(1) Whenever, it has been decided to constitute any land a reserved forest, the Provincial Government shall issue a, notification in the Official Gazette--

(a) declaring that it has been decided to constitute such land a reserved forest;

(b) specifying, as nearly as possible, the situation and limits of such land; and

(c) appointing an Officer (hereinafter called "the Forest Settlement Officer") to inquire in to and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forest-produce and to deal with the same as provided in this Chapter.

Explanation.--For the purpose of clause (6), it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries.

(2) The officer appointed under clause (c) sub-section (1) shall ordinarily be a person not holding any forest-office except that of Forest Settlement Officer.

(3) Nothing in this section shall prevent the Provincial Government from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forest-office except as aforesaid, to perform the duties of a Forest Settlement Officer under this Act.

5. Bar of accrual of forest-rights.--After the issue of a notification under Section 4, no right shall be acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or some person in whom such right was vested when the notification, was issued; and no fresh clearing for cultivation, or for any other purpose shall be made in such land except in accordance with such rules as may be made by the Provincial Government in this behalf.

6. Proclamation by Forest Settlement Officer. When a notification has been issued under Section 4, the Forest Settlement-Officer shall publish in the local vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation,--

(a) specifying, as nearly as possible, the situation and limits of the proposed forest;

(b) explaining the consequences which, as hereinafter provided, will ensure on the reservation of such forest; and

(c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in Section 4 or Section 5 within such period either to present to the present to the Forest Settlement Officer a written notice specifying or to appear before him and state, the nature of such right and, the amount and particulars of the compensation (if any) claimed in respect thereof.

7. Inquiry by Forest Settlement Officer.--The Forest Settlement Officer shall take down in writing all statements made under Section 6, and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights mentioned in Section 4 or Section 5 and not claimed under Section 6 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same.

8. Powers of Forest Settlement Officer.--For the purpose of such inquiry, the Forest Settlement Officer may exercise the following powers, that is to say,--

(a) power to enter, by himself or any officer authorized by him for the purpose, upon any land, and to survey, demarcate and make a way of the same; and

(b) the powers of a Civil Court, in the trial of suits.

9. Extinction of rights.--Rights in respect of which no claim has been preferred under Section 6, and of the existence of which no knowledge has been acquired by inquiry under Section 7, shall be extinguished, unless, before the notification under Section 20 is published, the power claiming them satisfies the Forest Statlement Officer that he had sufficient cause for not preferring such claim within the period fixed under Section 6.

10. Treatment of claims relating to practice of shifting cultivation.--(1) In the case of a claim relating to the practice of shifting cultivation, the Forest Settlement-fficer shall record a statement setting forth the particulars of the claim and of any local rule or order under which the practice is allowed or regulated and submit the statement to the Provincial Government, together with his opinion at to whether the practice should be permitted or prohibited wholly or in part.

(2) On receipt of the statement and opinion, the Provincial Government may make an order permitting or prohibiting the practice wholly or in part.

(3) If such practice is permitted wholly or in part, the Forest Settlement Officer may arrange for its exercise,--

(a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or

(b) by causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to practice shifting cultivation therein under such conditions as he may prescribe.

(4) All arrangements under sub-section (3) shall be subject to the previous sanction of the Provincial Government.

(5) The practice of shifting cultivation shall in all cases be deemed privilege to control, restriction and abolition by the Provincial Government.

11. Power to acquire land over which right is claimed.--(1) In the case of a claim to a right in or over any land, other than a right-of-law or right of pasture or a right to forest-produce or a water-course, the Forest Officer shall pass air order admitting or rejecting the same in whole or in part.

(2) If such claim is admitted in whole or in part the Forest Statlement Officer shall either,--

(i) exclude such land from the limits of the proposed forest; or

(ii) come to an agreement with the owner thereof for the surrender of his rights; or

(iii) proceed to acquire such land in the manner, provided by the Land Acquisition Act, 1894.

(3) For the purpose of so acquiring such land,--

(a) the Forest Statlement Officer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894;

(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under Section 9 of that Act;

(d) the Collector, with the consent of the claimant, or the Court, with the consent of both parties, may award compensation in land, or partly in land and partly in money.

[Punjab Amendment

In Section 11, for the word "collector" wherever occurring the words "District Officer (Revenue)" shall be substituted.

12. Order on claims to rights of pasture for forest produced.--In the case of a claim to rights of pasture or to forest-produce, the Forest Statlement Officer shall pass an order admitting or rejecting the same in whole or in part.

13. Record to be made by Forest Statlement Officer.--The Forest Settlement Officer when passing any order under Section 12 shall record, so far as may be practicable,--

(a) the name, father's name, caste, residence and occupation of the person claiming the right; and

(b) the designation, position and area of all fields or groups of fields (if any) and the designation and position of all buildings (if any) in respect of which the exercise of such right is claimed.

14. Record where the admits claim.--If the Forest Settlement Officer admits in whole or in part any claim under Section 12 he shall also record the extent to which the claim is so admitted, specifying the number and description of the cattle which the claimant is from time to time entitled to graze in the forest, the season during which such pasture is permitted, the quantity of timber and other forest-produce which he is from time to time authorized to take or receive, and such other particulars as the case may require. He shall also record whether timber or other forest-produce obtained by the exercise of the rights claimed may be sold or bartered.

15. Exercise of rights admitted.--(1) After making such record the Forest Statlement Officer shall, to the best of his ability, and having due regard to the maintenance of the reserved forest in respect of which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted.

(2) For this purpose the Forest Statlement Officer may,--

(a) set out some other forest-tract of sufficient, and in a locality reasonably convenient, for the purposes of such claimants, and record an order conferring upon them a right of pasture or to forest-produce (as the case may be) to the extent so admitted; or

(b) so alter the limits of the proposed forest as to exclude forest-land of sufficient extent, and in a locality reasonably convenient, for the purposes of the claimants; or

(c) record an order, continuing to such claimants a right of pasture or to forest-produce, as the case may be, to the extent so admitted, at such seasons, within such portions of the proposed forest, and under such rules, as may be made in this behalf by the Provincial Government.

16. Commutation, of rights.--In case the Forest Statlement Officer finds it impossible, having due regard to the maintenance of the reserved forest, to make such settlement under Section 15 as shall ensure the continued exercise of the said rights to the extent so admitted, he shall subject to such rules as the Provincial Government may make in this behalf, commute such rights, by the payment to such persons of a sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit.

17. Appeal from other pass under Section 11, Section 12, Section 15 or Section 16.--Any person who has made a claim under this Act or any Forest Officer or order person generally or specially empowered by the Provincial Government in this behalf, may, within three months from the date of the order passed on such claim by the Forest Statlement Officer under Section 11, Section 12, Section 15 or Section 16, present an appeal from such order to such officer of the Revenue Department, of rank not lower than that of a Collector, as the Provincial Government may, by notification in the official Gazette, appoint to hear appeals from such Order:

Provided that the Provincial Government may establish a Court (hereinafter called the Forest Court) composed of three persons to be appointed by the Provincial Government, and when the Forest Court has been so established, all such appeals shall be presented to it.

[Punjab Amendment

In Section 17, for the word "Collector" wherever, occurring the words "District Officer (Revenue)" shall be substituted.

18. Appeal under Section 17.--(1) Every appeal under Section 17 shall be made by petition in writing, and may be delivered to the Forest Settlement Officer, who shall forward it without delay to the authority competent to hear the same.

(2) If the, appeal be to an officer appointed under Section 17, it shall be heard in the manner prescribed for the time being for the hearing of appeals in matters relating to land-revenue.

(3) If the appeal to be the Forest Court, the Court shall fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the appeal and shall give notice thereof, to the parties, and shall hear such appeal accordingly.

(4) The order passed on the appeal by such Officer or Court, or by the majority of the members of such Court, as the case may be shall, subject only to revision by the Provincial Government, be final.

19. Pleaders.--The Provincial Government, or any person who has made a claim under this Act, may appoint any person to appear, plead and act on its or his behalf before the Forest Statlement Officer, or the Appellate Officer or Court, in the course of any inquiry or appeal under this Act.

20. Notification declaring forest reserved.--(1) When the following events have occurred, namely:--

(a) the period fixed under Section 6 for preferring claims has elapsed, and all claims, if any, made under that section or Section 9 have been disposed of by the Forest Settlement Officer;

(b) if any such claims have been made, the period limited by Section 17 for appearing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the Appellate Officer or Court; and

(c) all lands (if any) to be included in the proposed forest, which the Forest Statlement Officer has under Section 11 elected to acquire under the Land Acquisition Act, 1894, have become vested in the Government under Section 16 of that Act;

the Provincial Government shall publish a notification in the official Gazette, specifying definitely, according to boundary-marks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification.

(2) From the date so fixed such forest shall be deemed to be a reserved forest.

21. Publication of translation of such notification in neighbourhood of forest.--The Forest Officer shall, before, the date fixed by such notification, cause a translation thereof into the local vernacular to be published in every town and village in the neighbourhood of the forest.

22. Power to revise arrangement made under Section 15 or Section 18.--The Provincial Government may, within five years from the publication of any notification under Section 29, revise any arrangement made under Section 15 or Section 18, and may for this purpose rescind or modify any order made under Section 15 or Section 18, and direct that any one of the proceedings specified in Section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under Section 12 be commuted under Section 16.

23. No right acquired over reserved forest, except as her provided.--No right of any discription shall be acquired in or over a reserved forest except by, succession or under a grant or contract in writing made by or on behalf of the Government or some person in whom such right was vested when the notification under Section 20 was issued.

24. Rights not to be alienated without section.--(1) Notwithstanding contained in Section 23, no right continued under clause (c) of sub-section (2) of Section 15 shall be alienated by way of grant, sale lease, mortgage or otherwise, without the sanction of the Provincial Government:

Provided that, when any such right is appendant to any land or house, it may be sold or otherwise alienated with such land or house.

(2) No timber or other forest-produce obtained in exercise of any such right shall be sold or bartered except to such extent as may have been admitted in the order recorded under Section 14.

25. Power to stop ways and water-courses in reserved forests.--The Forest Officer may with the previous section of the Provincial Government or of any officer duly authorized by it in this behalf, stop any public or private way or course in a reserved forest, provided that a substitute for the way or water-course so stopped which the Provincial Government deems to be reasonably conveniently already exists, or has been provided or constructed by the Forest Officer in lieu thereof.

26. Acts prohibited in such forests.--(1) Any person who,--

(a) makes any fresh clearing prohibited by Section 5, or

(b) sets fire to a reserved forest, or, in contravention of any rules made by the Provincial Government in this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest;

or who, in a reserved forest--

(d) trespasses or pastures cattle, or permits cattle to trespass;

(e) causes any damage by negligence in felling any tree or cutting or `dragging any timber';

(f) fells, girdles, lops, taws or burns any tree or strips off the bark or leaves from, or otherwise damages, the same;

(g) quarries stone, burns lime or charcoal, or collects, subject to any manufacturing process, or removes, any forest-produce;

(h) clears or breaks up any land for cultivation or any officer purposes;

(i) in contravention of any rules made in this behalf by the Provincial Government hunts, fishes poisons water or sets traps or snares; or

(j) in any area in which the Elephants, Preservation Act, 1879, is not in force, kills or catches elephants in contravention of any rules so made;

shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid.

(2) Nothing in this section shall be deemed to prohibit,--

(a) any act done by permission in writing of the Forest Officer, or under any rule made by the Provincial Government; or

(b) the exercise of any right continued under clause (c) of sub-section (2) of Section 15, or created by grant or contract in writing made by or on behalf of the Government under Section 23.

(3) Whenever, fire is caused wilfully or by gross negligence in a reserved forest, the Provincial Government may (notwithstanding that any penalty has been inflicted under this Section) direct that in such forest or any portion thereof the exercise of all rights of pasture or to forest-produce shall be suspended for such period as it thinks fit.

[26-A. Removal of encroachment, etc., from Reserved Forests.--(1) A Court convicting an accused person of an offence under clause (h) of sub-section (1) of Section 26 shall direct the accused, if he or any other person on his behalf be in possession of the land in respect of which, he is convicted, to deliver possession of the same within such period not exceeding thirty days, as the Court may fix in this behalf, to the prescribed Forest Officer, and to remove within the said period any encroachments which the accused may have put up or extended on such land.

(2) Any accused person directed by a Court under the last preceding sub-section to delivery possession of land in a Reserved Forest to the prescribed Forest Officer or to remove therefrom any encroachment made by him, who fails so to deliver the land or to remove the encroachment within the period specified by the Court under the said sub-section,--

(a) may, order of the Court be ejected from such land and any encroachment made by him on such land may be removed or demolished with such force as may be necessary and in such manner as may be prescribed; and

(b) shall also be liable to a fine which may extend to one hundred rupee for every day, after the period fixed by the Court under the provisions of sub-section (1) has expired, that he remains in possession occupation of the land in respect of which he has been convicted demolish or remove the encroachment on such land.

[Sindh Amendment]

In Section 26 sub-section (1), the full stop at the end shall be replaced by colon and thereafter the following shall be added:

"Provided that any person who commits any offence in respect of reserved forest, timber, tree or forest produce the value of which exceeds ten thousand rupees shall be punishable with imprisonment for a term which, may extend to four years and with fine which may extend to twenty thousand rupees or with both

Provided further that where the damage of property in respect of which offence is committed,--

(a) does not exceed ten thousand rupees, the term of imprisonment shall be less than six months and fine shall be less than three thousand rupees;

(b) exceeds ten thousand rupees but does not exceed twenty five thousand rupees, the term of imprisonment shall not be less than six months and the fine shall not be less than ten thousand rupees;

(c) exceeds twenty-five thousand rupees, the term of imprisonment shall not be less than one year and the fine shall not be less than fifteen thousand rupees:

Provided also that the penalties which are double of the above penalties may be inflicted where the offence is committed after sun set and before sunrise or where the offender has been previously convicted of a like offence."

(ii) after sub-section (3), the following shall be added:--

"(4) All timber, tree or forest produce in respect of which an offence is committed together with any tool, carriage, wagon cart or other vehicle or thing used in committing any such offence, shall be liable to confiscation;

(5) The Court shall have powers to sanction reward out of the fine realized, to any person providing information in respect of an offence or help in apprehending the offender;

(6) The expenditure incurred by Government on removal or demolishing of encroachment or structure, if any involved in the offence shall be recovered from the convicted person as arrears of land revenue."

27. Power to declare forest no longer reserved.--(1) The Provincial Government may, by notification in the Official Gazelle, direct that, from a date fixed by such notification, any forest or any portion thereof, reserved under this Act shall cease to be a reserved forest.

(2) From the date so fixed, such forest or portion shall cease to be reserved; but the rights (if any) which have been extinguished therein shall not revive in consequence of such cessation.

CHAPTER-III

OF VILLAGE FORESTS

28. Formation of village-forests.--(1) The Provincial Government may assign to any village-community the, right of Government to or any land which has been constituted a reserved forest, and may cancel such assignment. All forests so-assigned shall be called village-forests.

(2) The Provincial Government may make rules for regulating the management of village-forests, prescribing the conditions under which the community to which any such assignment is made may be provided with timber or other forest-produce or pasture, and their duties for the protection and improvement of such forest.

(3) All the provisions of this Act relating to the reserved forests (so far as they are not inconsistent with the rules so made) apply to village-forests.

CHAPTER-IV

OF PROTECTED FORESTS

29. Protected forests.--(1) The Provincial Government may, by notification in the Official Gazette, declare the provisions of this Chapter applicable to any forests-land or waste-land which is not included in a reserved forest, but which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled.

(2) The forest-land and waste-lands comprised in any such notification shall be called a "protected forests".

(3) No such notification shall be made unless the nature and extent of the rights of Government and of private persons in over the forest-land or waste-land comprised therein have been inquired into and recorded at a survey or settlement, or in such other manner as the Provincial Government thinks sufficient. Every such record shall be presumed to be correct until the contrary is proved:

Provided that, if, in the case of any forest-land a waste-land, the Provincial Government thinks that such inquiry and record are necessary, but that they will occupy such length of time as in the meantime to endanger the right of Government, the Provincial Government, may pending such inquiry and record, declare such land to be a protected forest, but so as not to bridge of affect any existing rights of individuals or communities.

30. Power to issue notification reserving trees, etc.--The Provincial Government, may by notification in the official Gazette:

(a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by notification;

(b) declare that any portion of such forest specified in the notification shall be closed for such term, not exceeding thirty years, as the Provincial Government thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such term, provided that the remainder or such forest to sufficient, and in a locality reasonably convenient, for the due exercise of the rights suspended in the portion so closed; or

(c) prohibit, from a due fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, or the collection or subjection to any manufacturing process, or removal of, any forest-produce in any such forest, and the breaking up or clearing for cultivation, for building, for herding cattle or for any other purpose, of any land in any such forest.

31. Publication of translation of such notification in neighbourhood.--The Collector shall cause a translation into the local vernacular of every notification issued under Section 30 to be affixed in a conspicuous place in every town and village in the neighbourhood of the forest comprised in the notification. .

32. Power to make rules for protected forests.--The Provincial Government may make rules to regulate the following matters, namely:--

(a) the cutting, sawing, conversion and removal of trees and timber, and the collection manufacture and removal of forest-produce, from protected forests.

(b) the granting of licences to the inhabitants of towns and villages in the vicinity of protected forests to take trees, or other forest-produce for their own use, and the production and return of such licence by such person;

(c) the granting of licences to persons felling or removing trees or timber or other forest-produce from such forests for the purposes of trade, and the production and return of such licences by such persons;

(d) the payments, if any, to be made by the persons mentioned in clause (b) and (c) for permission to cut such trees, or to collect and remove such timber or other forest-produce;

(e) the other payments, if any, to be made by them in respect of such trees, timber and produce, and the places where such payment shall be made;

(f) the examination of forest-produce passing out of such forests;

(g) the clearing and breaking up of land for cultivation or other purposes in such forests;

(h) the protection from fire of timber lying in such forests and of trees reserved under Section 30;

(i) the cutting of grass and pasturing of cattle in such forests;

(j) hunting, shooting, fishing, poisoning water and setting traps or snares in such forests, and the killing or catching of elephants in such forests in areas in which the Elephants' Preservation Act, 1819, is not in force.

(k) the protection and management of any portion of a forest closed under Section 30; and

(l) the exercise of rights referred to in Section 29.

33. Penalties for acts in contravention of notification under Section 30 or of rules under Section 32.--(1) Any person who commits any of the following offences, namely:--

(a) fells, girdles, lops, taps or burns any trees reserved under Section 30, or trips off the bark or leaves from, or otherwise damages, any such tree;

(b) contrary to any prohibition under Section 30, quarries any stone, or burns any lime or charcoal, or collects, subjects to any manufacturing process, removes any forest-produce;

(c) contrary to any prohibition under Section 30, breaks up or clears for cultivation or any other purpose any land in any protected forest;

(d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under Section 30, whether standing, fallen or felled, or to any closed portion of such forest;

(e) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion;

(f) fells any tree or drags any timber so as to damage any tree reserved as aforesaid;

(g) permits cattle to damage any such tree;

(h) infringes any rule made under Section 32;

shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to five hundred rupees or with both.

(2) Whenever, fire is caused wilfully or by gross negligence in a protected forest, the Provincial Government may, notwithstanding that any penalty has been inflicted under this Section, direct that in such forest or any portion thereof the exercise of any right or pasture or to forest produce shall be suspended for such period as it thinks fit.

[33-A. Power of Court to evict trespassers.--(1) A Court convicting an accused person of an offence under clause (e) of sub-section (1) of Section 33, shall direct the accused, if he or any other person on his behalf be in possession of the land in respect of which he is convicted to deliver possession of the same within such period not exceeding thirty days as the Court may fix in this behalf, to the prescribed Forest Officer, and to remove within the said period any encroachment, which the accused may have put up or erected on such land.

(2) Any accused person directed by a Court under the last preceding sub-section to deliver possession of land in a Protected Forest to the prescribed Forest Officer or to remove therefrom any encroachment made by him, who fails to deliver the land or to remove the encroachment within the period specified by the Court under the said sub-section:--

(a) may, by order of the Court, be ejected from such land and any encroachment made by him on such land may be removed or demolished with such force as may be necessary and in such manner as may be prescribed; and

(b) shall also be liable to a fine which may extend to one hundred rupees for every day, after the period fixed by the Court under the provisions of sub-section (1) has expired, that he remains in possession or occupation of the land in respect of which he has been convicted or fails to demolish or remove the encroachment on such land.]

[Sindh Amendment

In Section 33 sub-sections (1) and (2) the full stop at the end shall be replaced by colon and thereafter, the following shall be acted:

"Provided that any person who commits any offence in respect of protected forest, timber, tree, forest produce the value of which exceeds ten thousand rupees shall be punishable with imprisonment for a term which may extend to four years and with fine which may extend to twenty thousand rupees or with both:

Provided further that where the damage of property in respect of which offence is committed--

(a) does not exceed ten thousand rupees, the term of imprisonment shall not be less than six months and the fine shall not be less the three thousand rupees;

(b) exceeds ten thousand rupees but does not exceed twenty-five thousand rupees, the term of imprisonment shall not be less than six months, and the fine shall not be less than ten thousand rupees;

(c) exceeds twenty five thousand rupees, the term of imprisonment shall not be less than one year and the fine shall not be less than fifteen thousand rupees:

Provided also that the penalties which are double of the above penalties may be inflicted where the offence is committed after sun set and before sun rise or where the offender has been previously convicted of a like offence."

(ii)) after sub-section (2), the following shall be added:--

(3) All timber, tree or forest produce, in respect of which an offence is committed together with any tool, carriage, wagon, cart or other vehicle or thing used in committing any such offence shall be liable to confiscation.

(4) The Court shall have powers to sanction reward out of the fine realized, to any person providing information in respect of an offence or help in apprehending the offender.

(5) The expenditure incurred by Government on removal or demolishing of encroachment or structure, if any involved in, the offence shall be recovered from the convicted person, as arrears of land revenue."

34. Nothing in this Chapter to prohibit acts done in certain cases.--Nothing in this Chapter shall be deemed to prohibit any act done with the permission in writing of the Forest Officer, or in accordance with rules made under Section 32, or, except as regards any portion of a forest closed under Section 30, or as regards any rights the exercise of which has been suspended under Section 33, in the exercise of any right recorded under Section 29.

CHAPTER-V

OF THE CONTROL OVER FOREST AND LAND NOT BEING THE PROPERTY OF GOVERNMENT

35. Protection of forests for special purposes.--The Provincial Government may, by notification in the Official Gazette, regulate or prohibit in any-forest or waste-land,--

(a) the breaking up or clearing of land for cultivation;

(b) the pasturing of cattle; or

when such regulation or prohibition appears necessary for any of the following purposes--

(i) for protection against storms, winds, rolling stones, floods and avalanches;

(ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of land-slips or of the formation of ravines and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel;

(iii) for the maintenance of a water-supply in springs, rivers and tanks;

(iv) for the protection of roads, bridges, railways and other lines of communication;

(v) for the preservation of the public health.

(2) The Provincial Government may for any such purpose, construct at its own expense, in or upon any forest or waste-land, such work at it think fit.

(3) No Notification shall be made, under sub-section (1) nor shall any work be begun under sub-section (2), until after the issue of a notice to the owner of such forest or land calling on him to show-cause, within a reasonable period to be specified in such notice, why such notification should not be made or work constructed, as the case may be, until his objections, if any, and any evidence he may produce is support of the same, have been heard by an officer duly appointed in that behalf and have been considered by the Provincial Government.

36. Power to assume management of forest.--(1) In case of neglect of or wilful disobedience to, any regulation of prohibition under Section 35, or if the purpose of any work to be constructed under that Section so require, the Provincial Government may, after notice in writing to the owner of such forest or land and after considering his objections, if any place the same under the control of a Forest Officer, and may declare that all or any of the provisions of this Act relating to reserved forests shall apply to such forest or land.

(2) The net profits, if any, arising from the management of such forest of land shall be paid to the said owner.

37. Exportation of forests in certain cases.--(1) In any case under this Chapter in which the Provincial Government considers that in lieu of placing the forest or land under the control of a, Forest-Officer, the same should be acquired for public purposes, the Provincial Government may proceed to acquire it in the manner provided by the Land Acquisition Act, 1894.

(2) The owner of any forest or land comprised in any notification under Section 35 may, at any time not less than three or more than twelve years from the date thereof, require that such forest or land shall be acquired for public purposes, and the Provincial Government, shall acquire such forest or land accordingly.

38. Protection of forests at request of owners.--(1) The owner of any land or, if there be more than one owner thereof, the owners of shares therein amounting in the aggregate to at least two-thirds thereof, may, with a view to the formation or conservation of forests thereon, represent in writing to the Collector their desire,--

(a) that such land be managed on their behalf by the Forest Officer as a reserved or a protected forest on such terms as may be mutually agreed upon; or

(b) that all or any of the provisions of this Act be applied to such land.

(2) In either case, the Provincial Government may by notification in the Official Gazette, apply, to such land provisions of this Act as it thinks suitable to the circumstances hereof and as may be desired, by the applicants.

[Punjab Amendment

In Section 38, for the word "Collector" wherever, occurring the word "District Officer (Revenue)" shall be substituted.

CHAPTER-VI

OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE

39. Power to impose duty on timber and other Forest-produce.--(1) The Provincial Government may levy a duty in such manner, at such places and at such rates as it may declare by notification in the Official Gazette on all timber or other forest-produce--

(a) which is produced in Pakistan, and in respect of which the Government has any right;

(b) which is brought from any place outside Pakistan or is transported from or to any place within Pakistan.

(2) In every case in which such duty is directed to be levied ad valorem, the Provincial Government may fix by like notification the value on which such duty shall be assessed.

40. Limit not to apply to purchase-money or royalty. Nothing in this Chapter shall be deemed to limit the amount, if any, chargeable as purchase money or royalty or any timber or other forest-produce, although the same is levied on such timber or produce which in transit, in the same manner as duty is levied.

CHAPTER-VII

OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT

41. Power to make rule regulate transit of forest-produce. (1) The control of all rivers and their banks as regards the floating of timber, as well as the control of all timber and other forest-produce in transit by land or water, is vested in the Provincial Government, and if may make rules to regulate the transit of all timber and other forest-produce.

(2) In particular and without prejudice to the generality of the foregoing power such rules may--

(a) prescribe the routes by which alone timber or other forest-produce may be imported, exported, or moved into, from or within the Province;

(b) prohibit the import or export or moving of such timber or other produce without a pass from an Officer duly authorized to issue the same, or otherwise than in accordance with the conditions of such pass;

(d) provide for the stoppage, reporting, examination and marking of timber or other forest-produce in transit, in respect of which there is reason to believe that any money is payable to the Government on account of the payment of or on account of any duty, fee, royalty or charge due when for the purposes of this Act affix a mark;

(e) provide for establishment and regulation of depots to which such timber or other produce shall be taken by those in charge of it for examination, or for the payment of such money, or in order that such marks may be affixed to it; and the conditions under which such timber or other produce shall be brought to stored at and removed from such depots;

(f) prohibit the closing upto obstructing of the channel or banks of any river used for the transit of timber or other forest-produce, and the throwing of grass, brushwood, branches or leaves into any such river or any act which may cause such river to be dosed or obstructed;

(g) provide for the prevention of removal of any obstruction of the channel or banks of and such river, and for recovering the cost of such prevention or removal from a person whose acts or negligence necessitated the same;

(h) prohibit absolutely or subject to conditions, within specified local limits, the establishment of saw, pits, the converting, cutting, burning concealing or making of timber, the altering of effecting of any marks on the possession or carrying of making hammers or other implements used for making timber;

(i) regulate the use of property marks for timber, and the registration of such marks prescribe the time for which registration shall hold good limit the number of such marks that may be registered by any one person, and provide for the levy of fee for such registration.

(3) The Provincial Government may direct that any rule made under this saction shall not apply to any specified class of timber or other forest-produce or to any specified local area.

41-A. Powers of Central Government as to movements of timber across customs frontiers. Notwithstanding anything in Section 41, the Central Government may make rules prescribed the route by which alone timber to other forest-produce may be imported, exported or removed into or from Pakistan across any customs frontier as defined by the Central Government, and any rules made under Section 41 shall have effect subject to the rules made under this section.

42. Penalty for breach of rules made under Section 41.--(1) The Provincial Government may be such rules prescribed as, penalties for the contravention thereof imprisonment for a term which may extend to six months, of fine which may extend to five hundred rupees, or both.

(2) Such rules may provide that penalties which are double of those mentioned in sub-section (1) may be inflicted in cases whether the offence is committed after sunset and before sunrise, or after preparation to lawful authority, or where the offender has been previously convicted of a like offence.

43. Government and Forest Officers not liable for damage to forest produce at depot.--The Government shall not be responsible for any loss or damage which may occur in respect of any timber or other forest-produce while at a depot established under a rule made under Section 41, or while detained elsewhere, for the purposes of this Act; and no Forest-Officer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently.

44. All persons bound to aid in case of accident at depot.--In case of any accident or emergency involving danger to any property at any such depot, every person employed at such depot, whether by the Government or by any private person, shall render assistance, to any Forest Officer or Police-Officer demanding his aid in averting such danger or securing such property from damage or loss.

CHAPTER-VIII

OF THE COLLECTION OF DRIFT AND STRANDED TIMBER

45. Certain kinds of timber to be deemed property of Government until thereto proved, and may be collected accordingly.--(1) All timber found a drift, beached, stranded or sunk,--

all wood or timber bearing marks which have not been registered in accordance with the rules made under Section 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise; and

in such areas as the Provincial Government directs, all unmarked wood and timber;

shall be deemed to be the property of Government, unless and until any person establishes his right and title thereto, as provided in this Chapter.

(2) Such timber may be collected by any Forest Officer or other person entitled to collect the same by virtue of any rule made under Section 51, and may be brought to any depot which the Forest Officer may notify as a depot for the reception of drift timber.

(3) The Provincial Government may, by notification in the official Gazette exempt any class of timber from the provisions of this section.

46. Notice to claimants of drift timber.--Public, notice shall from time to time be given by the Forest Officer of timber collected under Section 45. Such notice shall contain a description of the timber, and shall require any person claiming the same to present to such officer, within a period not less than two months from the date of such notice, a written statement of such claim.

47. Procedure on claim preferred to such timber.--(1) When any such statement is presented as aforesaid, the Forest Officer may, after making such inquiry as he thinks fit, either reject the claim after recording his reasons for so doing, or deliver the timber to the claimant.

(2) If such timber is claimed by more than one person, the Forest Officer may either deliver the same to any of such persons whom he deems entitled thereto, or may refer the claimants to the Civil Courts, and retain the timber pending the receipt of an order from any such Court for its disposal.

(3) Any person whose claim has been rejected under this section may, within three months from the date of such rejection, institute a suit to recover possession of timber claimed by him; but no person shall recover any compensation or costs against the Government, or against any Forest Officer, on account of such rejection, or the detention or removal of any timber, or the delivery thereof to any other person under this section.

(4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been brought, as provided in this section.

48. Disposal of unclaimed timber.--If no such statement, is presented as aforesaid, or if the claimant omits to prefer his claim in the manner and within the period fixed by the notice issued under Section 46, or on such claim having been so preferred by him and having been rejected, omits to institute a suit to recover possession of such timber within the further fixed by Section 47, the ownership of such timber shall vest in the Government, or when such timber has been delivered to another person under Section 47, in such other person free from all encumbrances not created by him.

49. Government and its Officers not liable for damage to such timber.--The Government shall not be responsible for any loss or damage which may occur in respect of any timber collected under Section 45, and no Forest-Officer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently.

50. Payments to be made by claimant before timber is delivered to him.--No person shall be entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the Forest Officer or other person entitled to receive it such sum on account thereof as may be due under any rule made under Section 51.

51. Power to make rules and prescribe penalties.--(1) The Provincial Government may make rules to regulate the following matters, namely--

(a) the salving, collection and disposal of all timber mentioned in Section 45;

(b) the use and registration of boats used in salving and collecting timber;

(d) the use and registration of hammers and other instruments to be used for making such timber.

(2) The Provincial Government may prescribe, as penalties, for the contravention of any rules made under this section, imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.

CHAPTER-IX

PENALTIES AND PROCEDURE

52. Seizure of property liable to confiscation.--(1) When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce, together with all tools boats, carts or cattle used in committing any such offence, may be seized by any Forest Officer or police officer.

(2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized, and shall as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:

Provided that, when the forest-produce with respect to which offence is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be a report of the circumstances to his superior.

[NWFP Amendment

In Section 52, sub-section (1), after the word "Cattle" "the words of a mechanically propelled vehicle" shall be inserted.

53. Power to release property seized under Section 52.--Any Forest Officer of a rank not inferior to that of a Ranger who, or whose subordinate, has seized any tools, boats, carts or cattle under Section 52, may release the same on the execution by the owner thereof of a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.

[NWFP AMENDMENT

In Section 53 after the word "Cattle" the words "or a mechanically propelled vehicle" shall be inserted.

54. Procedure thereupon.--Upon the receipt of any such report, the Magistrate shall, with all convenient despatch, take such measure as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.

55. Forest produce, tools, etc., when liable to confiscation.--(1) All timber-or forest-produce which is not the property of Government and in respect of which a forest-offence has been committed, and all tools, boats, carts and cattle used in committing any forest-offence, shall be liable to confiscation.

(2) Such confiscation may be in addition to any other punishment prescribed for such offence.

NWFP AMENDMENT

In Section 55, sub-section (1) after the word "cattle", the words " or a mechanically propelled vehicle" shall be inserted.

56. Disposal, on conclusion of trial for forest-offence of produce in respect of which it was committed.--When the trial of any forest-offence is concluded, any forest-produce in respect of which offence has been committed shall, if it is the property of Government or has been confiscated, be taken charge of by a Forest Officer, and in any other case, may be disposed in such manner as the Court may direct.

57. Procedure when offender not known, or cannot be found.--When the offender is not known or cannot he found, the Magistrate may, if he finds that an offence has been committed, order to property in respect of which the offence has been committed to be confiscated and taken charge of by the Forest Officer or to be made over to the person whom the Magistrate deems to be entitled to the same:

Provided that no such order shall be made until the expiration of one month from the date of seizing such property, or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim.

58. Procedure to perishable property seized under Section 52.--The Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under Section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not bean sold.

59. Appeal from orders under Section 55, Section 56 or Section 57.--The officer who made the seizure under Section 52, or any of his official superiors or any person claiming to be interested in the property so seized, may, within one month from the date of any order passed under Section 55, Section 56 or Section 57, appeal therefrom the Court to which order made by such Magistrate are ordinarily appealable, and the order passed on such appeal shall be final.

60. Property when to vest in Government.--When an order for the confiscation of any property has been passed under Section 55 or Section 57, as the case may be, and the period limited by Section 59 for an appeal from such order has elapsed, and no such appeal has been preferred, or when, on such an appeal being preferred, the Appellate Court confirms such an order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the Government free from all incumbrance.

61. Saving of power to release property seized.--Nothing hereinbefore contained shall be deemed to prevent any officer empowered in this behalf by the Provincial Government from directing at any time the immediate release of any property seized under Section 52.

62. Punishment for wrongful seizure.--Any Forest Officer or Police Officer who vexatiously and unnecessarily seizes any properly or pretence of seizing property liable to confiscation under this Act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary-marks.--Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Pakistan Penal Code,--

(a) knowingly counterfeits upon any timber or standing tree a mark used by Forest-Officers to indicate that such timber or tree is the property of the Government or of some that it may lawfully be cut or removed by some person; or

(b) alters, defaces or obliterates may such mark placed on a tree or on timber by or under the authority of a Forest-Officer; or

(c) alters, moves, destroys or defaces any boundary-mark of any forest or waste-land to which the provisions of this Act are applied.

[Sindh Amendment

In Section 63, for the para below clause (c) the following shall be substituted.

"shall be punishable with imprisonment for a term which may extend to four years or with fine which may extend to twenty thousand rupees but the term of imprisonment shall not be less than six months and the fine shall not be less than five thousand rupees, in addition to such compensation for damage done to the forest, forest-produce or timber as the Court may direct to be paid:

Provided that the penalties which are double of the above penalties may be inflicted where the offence is committed after sun-sel and before sunrise or where the offender has been previously convicted of like offence."

64. Power to arrest without warrant.--(1) Any Forest-Officer or Police-officer may, without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forest-offence punishable with imprisonment for one month or upwards.

(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police-station.

(3) Nothing in this section shall be deemed to authorise such arrest for any act is an offence under Chapter IV unless such act has been prohibited under clause (r) of Section 30.

65. Power to release on a bond person arrested.--Any Forest Officer of a rank not inferior to that of a Ranger, who, or whose subordinate, has arrested any person under the provisions of Section 64, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case or before the officer in charge of the nearest police-station.

66. Power to prevent commission of offence.--Every Forest Officer and Police-officer shall prevent, and may interfere for the purpose of preventing the commission of any forest-offence.

67. Power to try offences summarily.--The District Magistrate of the first class specially empowered in this behalf the Provincial Government may try summarily, under the Code of Criminal Procedure 1898, any forest-offence publishable with imprisonment for a term not exceeding six months, or fine not exceeding five hundred rupees, or both.

68. Power to compound offences.--(1) The Provincial Government may, by notification in the Officer Gazette, empower a Forest Officer--

(a) to accept from any person against whom a reasonable suspicion exists that he has committed by forest-offence, other than an offence specified in Section 62 or Section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed, and

(b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer.

(2) On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings shall be taken against such person or property.

(3) A Forest Officer shall not be empowered under this Section unless he is a Forest Officer of a rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of fifty rupees.

69. Presumption that forest-produce belong to Government.--When in any proceedings taken under this Act, or in consequence of anything done under proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the Government, such produce shall be presumed to be the property of the Government until the contrary is proved.

CHAPTER-X

CATTLE-TRESPASS

70. Cattle-trespass Act, 1871, to apply.--Cattle-trespassing in a reserved forest or in any portion of a protected forest which has been lawfully closed to grazing shall be deemed to be cattle doing damage to a public plantation within the meaning of Section 11 of the Cattle-trespass Act, 1871, and may be seized and impounded as such by any Forest Officer or Police Officer.

71. Power to alter fines fixed under that Act.--The Provincial Government may, by notification in the Official Gazette, direct that in lieu of the fines fixed under Section 12 of the Cattle-trespass Act, 1871, there shall be levied far each head of cattle impounded under Section 70 of this Act such fines as it thinks fit, but not exceeding the following, that is to say:--

For each elephant ten rupees.

For each buffalo or camel. two rupees.

For each horse mare gelding, pony colt, filly,

mule, bullock, cow, or heifer. one rupees.

For each calf, ass, pig, ram, ewe, sheep lamb.

goat or kid. eight annas.

CHAPTER-XI

OF FOREST OFFICERS

72. Provincial Government may invest Forest Officers with certain powers.--(1) The Provincial Government may invest any Forest Officer with all or any of the following powers, that is to say,--

(a) power to enter upon any land and to survey, demarcate and make a map of the same;

(b) the powers of a Civil Court, to compel the attendance of witnesses and the production of documents and material objects;

(d) power to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive and record evidence.

(2) Any evidence recorded under clause (d) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate, provided that it has been taken in the presence of the accused person.

73. Forest Officers deemed public servant.--All Forest Officers shall be deemed to be public servants within the meaning of the Pakistan Penal Code.

74. Indemnity for acts done in good faith.--No suit shall lie against any public servant for anything done by him in good faith under this Act.

75. Forest Officer not to trade.--Except with the permission in writing of the Provincial Government, no Forest Officer shall, as principal or agent, trade in timber or other forest-produce, or be or become interested in any lease of any forest or in any contract for working any forest, whether in or outside Pakistan.

CHAPTER-XII

SUBSIDIARY RULES

76. Additional powers to make rules.--The Provincial Government may make rules--

(a) to prescribe and limit the powers and duties of any Forest Officer under this Act;

(b) to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this Act;

(c) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and

(d) generally to carry out the provisions of this Act.

77. Penalties, for breach of rules.--Any person contravening any rule under this Act, for the contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may extend to one month, or fine which may extend to give hundred rupees, or both.

78. Rules when to have force of law.--All rules made by the Provincial Government under this Act shall be published in the Official Gazette, and shall thereupon, so far as they are consistent with this Act, have effect as if enacted therein.

CHAPTER-XIII

MISCELLANEOUS

79. Persons bound to assist Forest Officers and Police-officers.--(1) Every person who exercise any right in a reserved or protected or who is permitted to take any forest-produce from, or to cut and remove timber or to pasture cattle in, such forest, and every person who is employed by any such person in such forest, and

every person in any village contiguous to such forest who is employed by the Government, or who receives emoluments from the Government for services to be performed to the community.

shall be bound to furnish without unnecessary delay to the nearest Forest Officer or Police officer any information be may possess respecting the commission of or intention to commit, any forest-offence, and shall forthwith take steps, whether so required by any Forest Officer or Police-officer or not--

(a) to extinguish and forest fire in such forest of which he has knowledge or information;

(b) to prevent by any lawful means in his power any fire in the vicinity of such forest of which he has knowledge or information from spreading to such forest.

and shall assist any Forest Officer or Police officer demanding his aid--

(d) when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender.

(2) Any person who, being bound so to do, without lawful excuse (the burden of proving which shall lie upon such person) fails,--

(a) to furnish without unnecessary delay to the nearest Forest Officer or Police officer any information required by sub-section (1);

(b) to take steps as required by sub-section (1) to extinguish any forest fire in a reserved or protected forest;

(c) to prevent, as required by sub-section (1), any fire in the vicinity of such forest from spreading to such forest; or

(d) to assist any Forest Officer or Police officer demanding his aid in preventing the commission in such forest of any forest-offence, or, when there is reason to believe that any such offence has been committed in such forest in discovering and arresting the offender;

shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

80. Management of forest the joint property of Government and other persons.--(1) If the Government and any person by jointly interested in any forest or wasteland, or in the whole or any part of the produce thereof, the Provincial Government may either--

(a) undertake the management of such forest, waste-land or preduce, accounting to such person for his interest in the same; or

(b) issue such regulations for the management of the forest waste-land or produce by person so jointly interested as it deems necessary for the management thereof and the interests of all parties therein.

(2) When the Provincial Government undertakes under clause (a) of sub-section (1) the management of any forest waste-land or produce, it may, by notification in the official Gazette, declare that any of the provisions contained in Chapter II and IV shall apply to such forest, waste-land or produce, and thereupon such provisions shall apply accordingly.

81. Failure to perform service for which a share in produce of Government forest is enjoyed.--If any person be entitled to a share in the produce of any forest which is the property of Government or over which the Government has proprietary rights or to any part of the forest produce of which the Government is entitled, upon the condition of duly performing any service connected with such forest, such share shall be liable to confiscation in the event of the fact being established to the satisfaction of the Provincial Government that such service is no longer so performed:

Provided that no such shall be confiscated until the person entitled thereto, and the evidence, if any, which he may produce in proof of the due performance of such service, have been heard by an officer duly appointed in that behalf by the Provincial Government.

82. Recovery of money due to Government.--All money payable to the Government under this Act, or under any rule made under this Act, or on account of the price of any forest-produce, or of expenses incurred in the execution of this Act in respect of produce, may, if not paid when due be recovered under the law for the time being in force as if it were an arrear of land revenue.

83. Lien on forest-produce for such money.--(1) When any such money is payable for or in respect of any forest-produce, the amount thereof shall be deemed to be a first charge on such produce, and such produce may be taken possession of by a Forest Officer until such amount has been paid.

(2) If such amount is paid when due the Forest Officer may sell such produce by public auction, and the proceeds of the sale shall be applied first in discharging such amount.

(3) The surplus, if not claimed within two months from the date of the sale by the person entitled thereto, shall be forfeited to Government.

84. Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894.--Whenever, it appears to the Provincial Government that any land is required for any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within the meaning of Section 4 of the Land Acquisition Act, 1894.

85. Recovery of penalties due under bond.--When any person, in accordance with any rule made thereunder, binds himself by any bond or instrument to perform any duty or act, or convenants by any bond or instrument that he, or that he and his servants and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof may notwithstanding anything in Section 74 of the Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land-revenue.

85-A. Saving for rights of Central Government.--As from the commencement of Part III of the Government of India Act, 1935 nothing in this Act, shall authorise any Provincial Government to make any order or do any other thing in relation to any Government property not vested in that Provincial Government or otherwise to. prejudice any Government rights, without the consent of the Government or authority concerned.

86. Repeal.--The enactments mentioned in the Schedule are hereby repealed to the extent specified in the fourth column thereof.

THE SCHEDULE. Enactment. Repealed. Rep. by A.O. 1961, Art. 2 and sch.

-------------

THE FATAL ACCIDENTS

ACT, 1855

[ACT XIII OF 1855]

[27th March, 1855]

Preamble.--An Act to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong.

Whereas no action or suit is now maintainable in any Court against a person who, by his wrongful act, neglect or default may have caused the death of another person, and it often-times right and expedient that the wrong doer in such case should be answerable in damages for the injury so caused by him; It is enacted as follows:-

Short title given by the Short Titles Act, 1897 (14 of 1897).

This Act is based on the Fatal Accidents Act, 1846 (9 & 10 Vict., C. 93).

It has been declared to be in force in all the Provinces and the Capital of the Federation, except the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), section 3.

It has been declared by notification under section 3(a) of the Schedule Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts namely:-

Sindh .................. See Gazette of India, 1880, Pt. 1, p. 672.

The Scheduled Districts of the Punjab (some of these portions of others now form the N.W.F.P.),--See Gazette of India, 1881, Pt. 2, p. 483.

The District of Sylhet .................. See Gazette of India, 1879, Pt. I, p. 631. The word "Indian" omitted by A.O. 1949, Sch.

1. Suit for compensation to the family of a person for loss occasioned to it by his death by actionable wrong.--Whenever the death of a person shall be caused by wrongful act, neglect or default, and the neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensued shall be liable to an action of suit for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony or other crime.

Every such action or suit shall be for the benefit of the wife, husband, parent and child, if any, of the person whose death shall have been so caused, and shall be brought by and in the name of the executor, administrator or representative of the person deceased;

and in every such action the Court may give such damages as it may think proportioned to the loss resulting from such death to the parties respectively, for whom and for whose benefit such action shall be brought; and the amount so recovered, after deducting all costs and expenses including the cost not recovered from the defendant, shall be divided amongst the before mentioned parties, or any of them, in such shares as the Court by its judgment or decree shall direct.

2. Not more than one suit to be brought. Claim for loss to estate may be added.--Provided always that not more than one action or suit shall be brought for, and in respect of the same subject-matter of complaint. Provided that, in any such action or suit, the executor, administrator or representative of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum, when recovered, shall be deemed part of the assets of the estate of the deceased.

3. Plaintiff shall deliver particulars, etc.--The plaint in any such action or suit shall give a full particular of the persons for whom, or on whose behalf, such action or suit shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered.

4. Interpretation-clause.--The following words and expressions are intended to have the meanings hereby assigned to them respectively so far as such meanings are not excluded by the context or by the nature of the subject-matter that is to say the word "person" shall include two bodies politic and corporate; and the word "parent" shall include father and mother and grandfather and grandmother; and the word "child" shall include son and grandson and granddaughter and stepdaughter.

-----------------

THE GENERAL CLAUSES

ACT, 1897

[ACT NO. X OF 1897]

[11th March, 1897]

An Act to consolidate and extend the General Clauses Act, 1868 and 1887

Whereas it is expedient to consolidate and extend the General Clauses Acts, 1868 and 1887. It is hereby enacted as follows:

PRELIMINARY

1. Short title.--(1) This Act may be called the General Clauses Act, 1897;

2[* * * * *]

2. [Repeal]. Rep. by the Repealing and Amending Act, 1903 (I of 1903) S. 4 and Schedule III.

GENERAL DEFINITIONS

3. Definitions.--In this Act, and in all [Central Acts] and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context:-

(1) "Abet" "Abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Pakistan Penal Code.

[(1-a) "Acceding State" "Acceding State" shall mean any territory in the Indo-Pakistan sub-continent which the Central Government recognizes as a State, whether described as a State or otherwise, and which has acceded to Pakistan; and "Non-Acceding State" "non-Acceding State" shall mean any state so recognized which has not so acceded.]

(2) "Act" "Act," used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts done, extend also to illegal omission;

(3) "Affidavit" "Affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;

[(3a) "Assam Act" "Assam Act" shall mean an Act made by the Chief Commissioner of Assam in Council under the Indian Councils Act, 1861 to 1909, [for the Government of India Act, 1915] [or by the local Legislature or the Government of Assam under the Government of India Act] [or by the Provincial Legislature or the Governor of Assam under the Government of India Act] [or by the Provincial Legislature or the Governor of Assam under the Government of India Act, 1935].

[(3b) "Bahawalpur" "Bahawalpur" shall mean the territories comprised in the State of Bahawalpur immediately before the fourteenth day of October, 1955;

(3c) "Baluchistan" "Baluchistan" shall mean the territories comprised in the Chief Commissioner's Province of Baluchistan immediately before the fourteenth day of October, 1955 [, and after the first day of July, 1970, the Province of Baluchistan, comprising the territories mentioned in the Schedule to the Province of West Pakistan (Dissolution) Order, 1970, "[and after the first day of July, 1970 the Province of Baluchistan comprising the territories mention in the Schedule to the Province of West Pakistan Order 1972.]

(3d) "Baluchistan State Union" "Baluchistan State Union" shall mean the territories comprised in the States included in the Baluchistan State Union immediately before the fourteenth day of October, 1955].

(4) "Barrister" "Barrister" shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland;

[(5) "Bengal Act" "Bengal Act" shall mean, in the case of Acts passed prior to the 1st April, 1912, an Act made by the Lieutenant-Governor of Bengal in Council under the Indian Councils Act, 1861, or the Indian Councils Act, 1861 and 1892, or the Indian Councils Act, 1861 to 1909, and in the case of Acts passed after that date, an Act made by the Governor of the Presidency of Fort William in Bengal in Council under the Indian Councils Acts, 1861 to 1909] [or the Government of India Act, 1915,] [or by the local Legislature or the Governor of the Presidency of Bengal under the Government of India Act,] [or by the Provincial Legislature or the Governor of Bengal under the Government of India Act, 1935].

[* * * * *]

(6) "Bombay Act" "Bombay Act" shall mean an Act made by the Governor of Bombay in Council under [the Indian Councils Act, 1861, or] the Indian Councils Act, 1861 and 1892 [or the Indian Councils Act, 1861 to 1909 [or the Government of India Act, 1915], [or by the local Legislature or the Governor the Presidency of Bombay under the Government of India Act] [or by the Provincial Legislature or the Governor of Bombay under the Government of India Act, 1935].

[(7) "British India" "British India" shall mean, as respects the period before the commencement of Part III of the Government of India Act, 1935, all territories and places within His Majesty's dominions which were for the time being governed by His Majesty through the Governor General of India or through any Governor or officer subordinate to the Governor General of India, and as respects any period after that date [and before the establishment of the Federation of Pakistan] means all territories for the time being comprised within the Governors' Provinces and the Chief Commissioners' Provinces, except that a reference to British India in an Indian law passed or made before the [commencement of Part III of the Government of India Act, 1935, shall not include a reference to Berar:]

(8) "British possession" "British possession" shall mean any part of Her Majesty's dominions, exclusive of the United Kingdom, and, where parts of those dominions are under both a central and a local legislature, all parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one British possession:

[* * * * *]

[(8aa) "Central Act" "Central Act" shall mean an Act of the Central Legislature, and shall, include, except in Section 5, an Act made by the Governor-General under Section 67B of the Government of India Act, * * * *]

[(8ab) "Central Government" Central Government shall--

(a) in relation to anything done before the commencement of Part III of the Government of India Act, 1935, mean the Governor General in Council or the authority competent at the relevant date to exercise the functions corresponding to those subsequently exercised by the Governor General;

(b) in relation to anything done after the commencement of Part III of the said Act, but before the establishment of the Federation of Pakistan, mean, as respects matters with respect to which the Governor General was by or under the provisions of the said Act then in force required to act in his discretion, the Governor General and. as respects other matters, the Governor General in Council;33

(c) in relation to anything done * * * after the establishment of the Federation of Pakistan [but before the twenty-third day of March, 1956,] mean the Governor General;

and shall include--

(i) in relation to functions entrusted under sub-section (1) of Section 124 of the said Act to the Government of a Province, the Provincial Government acting within the scope of the authority given to it under that sub-section; and

(ii) in relation to the administration [(before the fourteenth day of October, 1955)] of a Chief Commissioner's Province, the Chief Commissioner acting within the scope of the authority given to him under sub-section (3) of Section 94 of the said Act [(;)] [;].

[(d) in relation to anything done or to be done, after the twenty-third day of March, 1956, mean the President; and shall include in relation to functions entrusted to the Government of a Province, the Provincial Government acting within the scope of the authority given to it by the President [; and]

[(e) In relation to anything done or to be done, after the fourteenth day of August 1973, mean the Prime Minister and the Federal Minister; and shall include in relation to functions entrusted to the Government of a Province, the Provincial Government acting within the scope of the authority given to or power conferred on it by the Federal Government]

[(8ac) "Central Legislature" "Central Legislature" shall mean the Governor General in Council acting in a legislative capacity under the Government of India Act, 1833, the Government of India Act, 1853, the Indian Councils Acts, 1861 to 1909, or any of those Acts, or the Government of India Act, 1915, the Indian Legislature acting under the Government of India Act, or the Government of India Act, 1935, or the Federal Legislature acting under the Government of India Act, 1935, [or the Parliament acting under the Constitution [(of 1956 or an Act made by the Provincial Legislature established under the Constitution of 1962) [or the Federal Legislature acting under the Interim Constitution of 1972, or Parliament acting under the Constitution of 1973] as the case may require:]

[* * * * *]

(9) "Chapter" "Chapter" shall mean a Chapter of the Act or Regulation in which the word occurs;

[(9a) "Chief Revenue Authority" "Chief Revenue Authority" shall mean the Board of Revenue of a Province;]

[(10) "District Officer" (Revenue) shall mean the Chief Officer Incharge of Revenue Administration of a District.

Note 1. Above clause has been subs. by Ordinance XXXVI of 2001, PLD 2002 Cent St. 91.

Note 2. Operation. An exception has been made for the operation of this clause to Islamabad Capital Territory where it shall come into force on such date as the Federal Government may, by Notification in the official Gazette specify vide Ordinance XLIV of 2001, PLD 2002 Cent. St. 152, Gazette of Pakistan Extraordinary, dated 29-08-2001.

Before substitution cl. (10) ran as under--

[(10) "Collector" "Collector" shall mean the chief officer in charge of the revenue administration of a District [(and shall include a Deputy Commissioner, of such District)];

[(11) "Colony"--

(a) in any Central Act passed after the commencement of Part III of the Government of India Act, 1935, shall mean any part of His Majesty's Dominions exclusive of the British Islands *** India and Pakistan [(and before (the fifteenth day of August, 1947)], British India)] any Dominion as defined in the Statute of Westminster, 1931; any Province or State forming part of any of the said Dominions, and British Burma; and

(b) in any Central Act passed before the commencement of Part III of the said Act, mean any part of His Majesty's Dominions exclusive of the British Islands and of British India, and in either case where parts of those Dominions are under both a Central and local legislature, all parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one colony:]

(12) "Commencement" "Commencement" used with reference to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force;

(13) [* * *] Clause (13) has been omitted by Ordinance XXXVI of 2001, PLD 2002 Cent. St. 91.

Before omission of the above cl. (10) the un-repealed cl. (10) ran as under:-

(13) "Commissioner" "Commissioner" shall mean the chief officer in charge of the revenue-administration of a division [(and shall include an Additional Commissioner of such division].

[(13a) "Constitution" "Constitution" mean the Constitution of the Islamic Republic of Pakistan brought into force in the [fourteenth day of August, 1973];]

(14) "Consular officer." "Consular officer" shall include consul-general, consul, vice-consul, consular agent, pro-consul and any person for the time being authorized to perform the duties of consul-general, consul, vice-consul or consular agent;

[* * * * *]

(15) "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction.

(16) "Document" "Document" shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose of recording that matter;

[(16a) "Eastern Bengal and Assam Act" "Eastern Bengal and Assam Act" shall mean an Act made by the Lieutenant-Governor of Eastern Bengal and Assam in Council under the Indian Councils Acts, 1861 and 1892, or the Indian Councils Acts, 1861 to 1909];

[(16b) "East Bengal Act" "East Bengal Act" shall mean an Act made by the Provincial Legislature of East Bengal under the Government of India Act, 1935;]

[(16c) "East Pakistan Act" "East Pakistan Act" shall mean an Act made by the Provincial Legislature of East Pakistan];

(17) "Enactment" shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal, *** or Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid;

(18) "Father" "father," in the case of any one whose personal law permits adoption, shall include an adoptive father;

[* * * *]

[(19) "Financial year" "Financial year" means--

(a) as respects the period before the first day of April 1959, the year commencing on the first day of April and ending on the thirty first day of March;

(b) as respects the period from the first day of April, 1959, to the thirteenth day of June 1959, both days inclusive, that period; and

Prior to this substitution clause (19) of Section 3, ran as under:

(19) "Financial Year" shall mean the calendar year, that is to say the year beginning on the 1st of January and ending' on the 31st day of December. [This Clause was subs. by Act XXVI of 1958, PLD 1958 Cent. St. 335]

(20) "Good faith" thing shall be deemed to be done in "good faith" where it is in fact done honestly,' whether it is done negligently or not:

[(21) "Government" "Government" or "the Government" shall include both the Central Government and any Provincial Government].

[(21a) "Government contracts" "Government contracts" and equivalent expressions shall include contracts made--

(a) in the exercise of the executive authority of the Central or any Provincial Government; and

(b) before the fifteenth day of August, 1947, in connection with the exercise of the functions of the Crown in its relations with the Indian State or by or on behalf of the Secretary of State in Council;

(21b) "Government debts" "Government debts" and equivalent expressions shall include debts due to the Central Government, any Provincial Government, the Secretary of State in Council, the Secretary of State, or the Crown Representative;

(21c) "Government grants" "Government grants" shall include a grant (including a transfer of land or of any interests therein or a payment of money) made by or on behalf of the Central Government or any Provincial Government, or, before the fourteenth day of October, 1955, by or on behalf of the Government of an Acceding State or before the fourteenth day of August, 1947, by or on behalf of His Majesty, the Secretary of State in Council or the Crown Representative;

(21d) "Government liabilities" "Government liabilities" and equivalent expressions shall include the liabilities of the Central or Provincial Government and the liabilities which before the twenty-third day of March, 1956, were Crown liabilities;

(21e) "Government property" "Government property" and equivalent expression shall include any property vested in, or otherwise held for the purpose of, the Central Government or any Provincial Government, and property which before the twenty-third day of March, 1956, vested in His Majesty or was otherwise held for the purposes of the Central or any Provincial Government, and with reference to a state of affairs existing after the commencement of Part III of the Government of India Act, 1935, and before the establishment of the Federation of Pakistan, includes also property vested in His Majesty, or otherwise held, for the purposes of the Crown Representative].

[(22) "Government securities" "Government securities" shall mean securities of the Central or any Provincial Government and shall include sterling securities of the Secretary of State for India in Council or the Secretary of State].

[* * * * *]

[(24) "High Court" "High Court" shall mean [on or after the first day of July 1970, the Lahore High Court, Peshawar High Court, and Sindh and Baluchistan High Court; and as respects the period after fourteenth day of October 1955, and before the first day of July 1970] the High Court of (East Pakistan) or the High Court of West Pakistan, and as respects any period before the fourteenth day of October, 1955, when the expression is used with reference to civil proceedings, the highest Civil Court of appeal (not including the Federal Court) in a Province or part thereof in which the Act or Regulation containing the expression operated];

(25) "Immovable property" shall include land, benefits to arise out of land and things attached to the earth, or permanently fastened to anything attached to the earth.

(26) "Imprisonment" "Imprisonment" shall mean imprisonment of either description as defined in the Pakistan Penal Code;

(27) "India" "India" shall mean--

(a) as respects any period before the establishment of the Federation of Pakistan, British India together with all territories of any Indian ruler then under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian ruler, and the tribal areas, and

(b) as respects any period after the establishment of the Federation of Pakistan all territories for the time being included in the Dominion of India [or the Union of India];

[* * * * *]

[(27b) "Indian State" "Indian State" shall mean any territory ***, which [the Central Government] recognizes as being such a State whether described as a State, an Estate, a Jagir or otherwise:]

[(27c) "Khairpur" "Khairpur" shall mean by the territories comprised in the State of Khairpur immediately before the fourteenth day of October, 1955).

(28) "Local authority" shall mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund:

[* * * * *]

(29) [* * * *

(30) * * * *]

(31) "Magistrate" "Magistrate," shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure for the time being in force;

(32) "Master" (of a ship) "Master," used with reference to a ship, shall mean any person (except a pilot or harbour-master) having for the time being control or charge of the ship;

(33) "Month" "Month" shall mean a month reckoned according to the British; calender;

(34) "Moveable property" "Moveable property" shall mean property of every description, except immovable property:

[(34al) "North-West Frontier" "North-West Frontier" shall mean the territories comprised in the North-West Frontier Province immediately before the fourteenth day of October, 1955 [, and on or after the first day of July 1970, the North-West Frontier Province comprising the territories mentioned in the Schedule to the Province of West Pakistan (Dissolution) Order, 1970;]

[(34a) "North-West Frontier Province Act" "North-West Frontier Province Act" shall mean an Act made by the local Legislature or the Governor of the North-West Frontier Province under the Government of India Act, or by the Provincial Legislature or the Governor of the North-West Frontier Province under the Government of India Act, 1935:

[* * * * *]

(36) "Oath" "Oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;

(37) "Offence" shall mean any act or omission made punishable by any law for the time being in force;

[(37a) "Official Gazette" "Official Gazette" or "Gazette" shall mean the Gazette of (Pakistan), or, as the case may be, the official gazette of a province;]

[(37b) "Pakistan Law" "Pakistan Law" shall mean any Act, Ordinance, Regulation, rule, order or bye-law which--

(a) before the establishment of the Federation of Pakistan had the force of law in British India or any part thereof; or

(b) after the establishment of the Federation of Pakistan but before the fourteenth day of October, 1955, had the force of law in Pakistan or any part thereof other than a Federated State, or

but does not include any Act of Parliament of the United Kingdom or any Order-in-Council, rule or other instrument made thereunder]

[* * * * *]

(38) "Part" "Part" shall mean a part of the Act or Regulation in which the word occurs;

(39) "Person" "Person" shall include any company or association or body of individuals, whether incorporated or not;

(40) "Political Agent" "Political Agent" shall--

(a) as respects the period before the fourteenth day of October, 1955, mean the principal officer by whatever name called representing the Central Government in an Acceding State or group of Acceding States or in any territory or place in the Tribal Areas [and as respects the period after the twenty-first day of April 1972, mean the principal officer by whatever name called representing the Federal Government in the Federally Administered Tribal Areas]; and

(b) as respects the period after the thirteenth day of October, 1955, [and before the twenty-first day of April 1972,] mean the principal officer by whatever name called (i) representing the Central Government in an Acceding State or (ii) representing the Provincial Government in the [Tribal Areas] [, and as respects the period after the twenty-first day of April, 1972, mean the principal officer by whatever name called representing the Federal Government in the Federally Administered Tribal Areas and the Provincial Government in the Provincially Administered Tribal Areas]:

(41) [* * * * *]

(42) "Privy Council" "Privy Council" shall mean the Lords and others for the time being of Her Majesty's Most Honourable Privy Council;

(43) "Province" "Province" shall mean [the Provinces of Baluchistan, the NorthWest Frontier, the Punjab or the Sindh, as respects the period after the fourteenth day of October 1955, and before the first day of July 1970,] [the Province of East Bengal [or East Pakistan] or the Province of West Pakistan, and as respects the period before the fourteenth day of October, 1955] * * a Governor's Province, a Lieutenant-Governor's Province or a Chief Commissioner's Province];

(43ai) "Provincial Act" "Provincial Act" shall mean an Act by the Governor in Council, or Chief Commissioner in Council, Lieutenant-Governor in Council, or Chief Commissioner in Council of a Province under any of the Indian Councils Acts or the Government of India Act, 1915 or an Act made by the local Legislature or the Governor of a Province under the Government of India Act, or an Act made by the Provincial Legislature

or Governor of a Province under the Government of India Act, 1935, or an Act made by the Provincial Legislature established or continued under the Constitution [of 1956 or an Act made by the Provincial Legislature established under the Constitution of 1962] [or an Act passed by a Provincial Assembly established under the Interim Constitution of 1972, or the Constitution of 1973];]

[(43a) "Provincial Government" "Provincial Government--

[(a) as respects anything done after the establishment of the Federation of Pakistan but before the fourteenth day of October, 1955, shall mean in a Governor's Province, the Governor, and in a Chief Commissioner's Province, the Central Government;

(aa) as respects anything done or to be done after the thirteenth day of October, 1955, shall mean the Governor, and where the administration of any area [vested in the Governor General or vests in the President], the Central Government;]

[(aaa) as respects any thing done or to be done after the fourteenth day of August 1973, shall mean the chief Ministers and the Provincial Ministers and shall include, in relation to functions entrusted to the Federal Government, the Federal Government acting within the scope of authority given to it by the Provincial Government;]

(b) as respects anything done before the establishment of the Federation of Pakistan, but after commencement of Part III of the Government of India Act, 1935, shall mean in a Governor's Province, the Governor acting or not acting in his discretion, and exercising or not exercising his individual judgment, according to the provision in that behalf made by and under the said Act, and in a Chief Commissioner's Province, the Central Government; and

(c) as respects anything done before the commencement of Part III of the said Act, shall mean the authority or person authorized at the relevant date to administer executive government in the Province in question:

(44) "Public nuisance" "Public nuisance" shall mean a public nuisance as defined in the Pakistan Penal Code:

[(44al) "The Punjab" "The Punjab" shall mean the territories comprised in the Province of the Punjab immediately before the fourteenth day of October, 1955[:]

[and on or after the first day of July 1970, the Province of the Punjab comprising the territories mentioned in the Schedule to the Province of West Pakistan (Dissolution) Order, 1970;]

[(44a) "Punjab Act" "Punjab Act" shall mean an Act made by the Lieutenant-Governor of the Punjab in Council under the Indian Councils Act, 1861 and 1892 [or the Indian Councils Act, 1861 to 1909) [or the Government of India Act, 1915] [or by the Local Legislature or the Governor of the Punjab under the Government of India Act,] [or, by the Provincial Legislature or the Governor of the Punjab under the Government of India Act, 1935 [, or by the Provincial Assembly of the Punjab under the Constitution of 1973;]

(45) "Registered" "Registered" used with reference to a document, shall mean registered in [a Province] under the law for the time being in force for the registration of documents;

(46) "Regulation" "Regulation" shall mean a Regulation made [by the Central Government] under the Government of India Act, 1870, [or the Government of India Act, 1915,] [or the Government of India Act] [or under Section 95 or Section 96 of the Government of India Act, 1935] [or by the Governor under Article 103 or Article 104 of the Constitution of 1956, or by the President or by the Governor under Article 223 of the Constitution of 1962] [, or by the President or by the Governor under Article 247 of the Constitution of 1973;]

(47) "Rule" "Rule" shall mean a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment;

(48) "Schedule" "Schedule" shall mean a schedule to the Act or Regulation in which the word occurs;

[(49) "Scheduled District" "Scheduled District" shall mean a "Scheduled District" as defined in the Scheduled Districts Act, 1874:]

(50) "Section" "Section" shall mean a section of the Act or Regulation in which the word occurs.

(51) "Ship" "Ship" shall include every description of vessel used in navigation not exclusively propelled by oars;

(52) "Sign" "Sign" with its grammatical variations and cognate expressions, shall, with reference to a person who is unable to write his name, include "mark," with its grammatical variations and cognate expressions:

[(52al) "Sindh" "Sindh" or "Sindh" shall mean the territories comprised in the Province of Sindh immediately before the fourteenth day of October, 1955] [and on or after the first day of July 1970 the Province of Sindh comprising the territories mentioned in the Schedule to the Province of West Pakistan (Dissolution) Order, 1970;]

[(52a) "Sindh Act" "Sindh Act" shall mean an Act made by the Provincial Legislature or the Governor of Sindh under the Government of India Act, 1935] [,or by the Provincial Assembly of Sindh under the Constitution of 1973;]

(53) "Son" "Son," in the case of any one whose personal law permits adoption, shall include an adopted son;

[* * * * *]

(54) "Sub-section" "Sub-section" shall mean a sub-section of the section in which the word occurs.

[(54a) "Suits by or against Government" "Suits by or against Government" and equivalent expressions shall include suits by or against Pakistan, a Province, the Central Government, a Provincial Government, the Secretary of State, the Secretary of State in Council or the Crown Representative;]

(55) "Swear" "Swear" with its grammatical variations and cognate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing:

[(55a) "Tribal Areas" shall--

(i) as respects the period after the first day of July 1970 mean the areas in Pakistan which immediately before that day were the Tribal areas and include--

(a) the Tribal Areas of Baluchistan and the North-West Frontier Province; and

(b) the former States of Amb, Chitral, Dir and Swat;

(ii) as respects the period on or after the tenth day of January 1964, and before the first day of July 1970 mean the areas in the Province of West Pakistan which, on the thirteenth day of October 1955 were--

(a) the Tribal Areas of Baluchistan, the Punjab and the North-West Frontier; and

(b) the States of Amb, Chitral, Dir and Swat;

(iii) as respects the period on or after the eighth day of June 1962, and before the tenth day of January 1961, mean the areas in the Province of West Pakistan which, on the thirteenth day of October 1955, were--

(a) the Tribal Areas of Baluchistan, the Punjab and the North-West Frontier; and

(b) the States of Amb, Chitral, Dir and Swat and the area in the Province and East Pakistan known as Chittagong Hill Tract;

(iv) as respect the period on or after the twenty-third day of March 1956, and before the eighth day of June 1962, mean the areas of the Province of West Pakistan which immediately before the commencement of the Establishment of West Pakistan Act, 1955, were--

(a) the Tribal Areas of Baluchistan, the Punjab and the North-West Frontier; and

(b) the States of Amb, Chitral, Dir and Swat; and

(v) as respects the period before the twenty-third day of March 1956, mean the areas in Pakistan which immediately before that day were the Tribal Areas and include--

(a) the Tribal Areas of Baluchistan, the Punjab and the North-West Frontier Province; and

(b) the States of Amb, Chitral, Dir and Swat.]

Clause (55a) before the substitution ran as under:

[(55a) "Tribal Areas" "Tribal Areas" shall mean the areas in the Province of West Pakistan which, on the thirteenth day of October one thousand nine hundred and fifty-five, were--

(a) the tribal areas of Baluchistan, the Punjab and the North-West Frontier; and

(b) the States of Amb, Chitral, Dir and Swat, and the areas in the Province of East Pakistan known an Chittagong Hill Tract:]

[(56) "Vessel" "Vessel" shall include any ship or boat or any other description of vessel used in navigation;

[(56a) "West Punjab Act" "West Punjab Act" shall mean an Act made by the Provincial Legislature of West Punjab under the Government of India Act, 1935:]

(56aa) "West Pakistan Act" "West Pakistan Act" shall mean an Act made by the Provincial Legislature of West Pakistan:]

[(57) ""Will" "Will" shall include a codicil and every writing making a voluntary posthumous disposition of property;

(58) "Writing" expressions referring to "writing" shall be construed as including reference to printing, lithography, photography and other modes of representing or reproducing words in a visible form; and

(59) "Year" "Year" shall mean a year reckoned according to the British calendar.

4. Application of foregoing definitions to previous enactments.--(1) The definitions in Section, 3 of the following words and expressions, that is to say "affidavit" "barrister," *** "District Judge," "father," *** *** "immovable property," "imprisonment," *** Magistrate, "month," "movable property," "oath," "person," "section," "son," "swear" "will" and "year" apply also, unless there is anything repugnant in the subject or context, to all [Central Act] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

(2) The definitions in the said section of the following words and expressions, that is to say, "abet," "Chapter," "commencement," "financial year," "local authority," "master," "offence," "part," "public nuisance," "registered," "schedule," "ship," "sign," "sub-section" and "writing" apply also, unless there is anything repugnant in the subject or context, to all [Central Acts] and Regulations made on or after the fourteenth day of January, 1887.

[4-A. Application of Certain definitions to all Pakistan laws.--(1) The definitions in Section 3 of the expressions "British India," "Central Act," "Central Government," "Central Legislature," *** "Chief Revenue Authority," [Gazette], "Government," "Government contracts," "Government debts," "Government grants," "Government liabilities," "Government property," "Government securities," "High Court," "India," *** "Indian State," "official Gazette," "Pakistan law" "Provincial Government" and [(suits by or against Government)" apply also, unless there is anything repugnant in the subject or context, to all [(Pakistan laws)].

(2) In any [Pakistan law], references to the "Provincial Government" or "Central Government" in any provision conferring power to make appointments to the civil services of, or civil posts under, the [State] include references to such persons as the Provincial Government, or the Central Government, as the case may be, may direct, and in any provision conferring power to make rules prescribing the conditions of service of persons serving [the State in a civil capacity] include reference to any person authorized by the Provincial Government or the Central Government, as the case may be, to make rules for the purpose.

(3) The reference in any [Pakistan law] to servants of or under, or to service of or under, a Government or a Province, to property of, or belonging to, or vested in the Secretary, of State in Council or a Government or a Province, and to forfeitures to a Government or a Province, shall be construed as references respectively to persons in the service of [State], to the service of the [State], to property vested in the "[Government]" and to forfeitures to the [Government].

GENERAL RULES OF CONSTRUCTION

5. Coming into operation of enactments.--[(1) Where any Central Act is not expressed to come into operation on any particular day, then it shall come into operation on the day on which it receives the assent,--

(a) in the case of a Central Act made before the twenty-third day of March, 1956 of the Governor-General, and

(b) in the case of a Central Act made after that date, of the President].

[* * * * *]

(3) Unless the contrary is expressed, a [Central Act] or Regulation shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.

5-A. [Coming into operation of Governor-General's Act] omitted by the Pakistan (Adaptation of Existing Pakistan Laws) Order 1947.

6. Effect of repeal.--Where this Act, or any [Central Act] or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not--

(a) revive anything not in force or existing at the time at which the repeal takes effect; or

(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

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 repealing Act or Regulation had not been passed.

[(6-A) Repeal of Act making textual amendment in Act or Regulation.--Where any [Central Act] or Regulation made after the commencement of this Act repeals any enactment by which the text or any [Central Act] or Regulation was amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal].

[7. Revival of repealed enactments.--(1) In any [Central Act] or Regulation made after the commencement of this Act, it shall be, necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose.

(2) This section applies also to all [Central Acts] made after the third day of January, 1968, and to all Regulations made on or after the fourteenth day of January, 1887.

Second proviso as added to S. 33 Arbitration Act, by Law Reforms Ordinance, 1972. The Law Reforms Ordinance, 1972 added second proviso to S. 33 of the Arbitration Act, which ran as under:

"Provided further that no application challenging the existence or validity of an award or for having its effect determined shall be entertained by the Court unless the applicant has deposited in the Court the amount which he is required to pay under the award or has furnished security to the satisfaction of the Court for the payment of such sum for the fulfillment of any other obligation by him under the award."

The above said second proviso was omitted vide S. 2 of the Arbitration Amendment Ordinance 1977. The Ordinance 1977 was repealed by Ordinance XXVII of 1981. However, it was necessary under S. 7 of the General Clauses Act, 1897 to mention the purpose of reviving the repealed Ordinance. There is no such express statement in Ordinance XXVII of 1981 that the purpose of the same is to revive the said second proviso that was omitted by Arbitration Amendment Ordinance, 1977. In view of this legal position order asking security under the second proviso to S. 33 of the Arbitration Act, held without jurisdiction. [2004 MLD 873]

[8. Construction of references to repealed enactments.--Where this Act, or any [Central Act] or Regulation made after the commencement of this Act; repeals and re-enacts, with or without modification, any provision of a former enactment, then reference in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted].

[(2) (Where before the fifteenth day of August, 1947, any Act of the Parliament of the United Kingdom repealed and re-enacted), with or without modification, any provision of a former enactment, then reference in any [Central Act] or in any Regulation or instrument to the provision so repealed shall, unless a different intention appears to be construed as reference to the provision so re-enacted].

9. Commencement and termination of time.--(1) In any [Central Act] or Regulation made after the commencement of this Act, it shall be sufficient for the

purpose of excluding the first in a series of days or any other period of time, to use the word "from," and/for the purpose of including the last in a series of days or any other period of time, to use the word "to."

(2) This section applies also to all [Central Acts] made after the third day of January, 1868, and to all Regulation made on or after the fourteenth day of January, 1887.

10. Computation of time.--(1) Where, by any [Central Act] or Regulation made after the commencement of this Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open:

Provided that nothing in this section shall apply to any act or proceeding to which the Indian Limitation Act, 1877, applies.

(2) This section applies also to all Central Acts and Regulations made on or after the fourteenth day of January, 1887.

11. Measurements of distances.--In the measurement of any distance, for the purposes of any Central Act or Regulation made after the commencement of this Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.

12. Duty to be taken pro rate in enactments.--Where by any enactment now in force or hereafter to be in force, any duty or customs or excise or in the nature thereof, is leviable on any given quantity, by weight, measure or any goods or merchandize, then a like duty is leviable according to the same rate on any greater or less quantity.

13. Gender and number.--In all [Central Acts] and Regulations, unless there is anything repugnant in the subject or context:-

(1) words importing the masculine gender shall be taken to include females; and

(2) words in the singular shall include the plural, and vice versa.

13A. (Reference to the Sovereign). Omitted by A.C. 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956.

POWERS AND FUNCTIONARIES

14. Powers conferred to be exercisable from time to time.--(1) Where, by any [Central Act] or Regulation made after the commencement of this Act, any power is conferred *** then, [unless a different intention appears], that power may be exercised from time to time as occasion requires.

(2) This section applies also to all Centrals Acts and Regulations made on or after the fourteenth day of January, 1887.

15. Power to appoint to include power to appoint ex officio.--Where, by any [Central Act] or Regulation, a power to appoint any person to fill any office or execute any function is conferred then, unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of this Act, may be made either by name or by virtue of office.

16. Power to appoint to include power to suspend or dismiss.--Where, by any [Central Act] or Regulation, a power to make any appointment is conferred, then, unless a different intention appears, the authority having [for the time being] power to make the appointment shall also have power to suspend or dismiss any person appointed [whether by itself or any other authority] in exercise of that power.

17. Substitution of Functionaries.--(1) In any Central Act or Regulation made after the commencement of the Act, it shall be sufficient, for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed.

(2) This section applies also to all [Central Acts] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

18. Successors.--(1) In any [Central Act] or Regulation made after the commencement of this Act, it shall be sufficient; for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporations.

(2) This section applies also to all [Central Acts] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

19. Official chiefs and subordinates.--(1) In any [Central Act] or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of expressing that a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior.

(2) This section applies also to all [Central Acts] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

PROVISION AS TO ORDERS, RULES, MADE UNDER ENACTMENTS

20. Construction of orders, etc. issued under enactments.--Where, by any Central Act or Regulation, a power to issue any [notification], order, scheme, rule, form or bye-law, is conferred, then expressions used in the [notification], order, scheme, rule, form or bye-law, if it is made after the commencement of this Act, shall, unless there is repugnant in the subject or context, have the same respective meanings as in the Act or Regulation conferring the power.

[20-A. A Rules and Order etc., to be published.--All rules, orders, regulations and circulars having the effect of law made or issued under any enactment shall be published in the official Gazette.]

21. Power to make to include power to add to amend, vary or rescind, orders, rules or bye-laws.--Where by any [Central Act] or Regulation, a power to (issue notifications], orders, rules, or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any) to add to, amend, vary or rescind any [notifications], orders, rules or bye-laws so [issued].

22. Making of rules or bye-laws and issuing of orders between passing and commencement enactment.--Where, by any Central Act or Regulation which is not to come into force immediately on the passing thereof, a power is conferred to make rules or bye-laws, or to issue orders with respect to the application of the Act or Regulation, or with respect to the establishment of any Court or office or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which, anything is to be done under the Act or Regulation, then that power may be exercised at any time after the passing of the Act or Regulation but rules, bye-laws or orders so made or issued shall not take effect till the commencement of the Act or Regulation.

23. Provisions applicable to making of rules or bye-laws after previous publication.--Where, by any [Central Act] or Regulation, a power to make rules or bye-laws is expressed to be given subject to the condition of the rules or bye-laws or bye-laws being made after previous publication, then the following provisions shall apply:--

(1) the authority having power to make the rules or bye-laws shall, before making them, publish a draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby;

(2) the publication shall be made in such manner as that authority seems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the [Central Government] or the [Provincial Government] prescribes;

(3) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration;

(4) the authority having power to make the rules or bye-laws, and, where the rules or bye-laws are to be made with the sanction, approval or occurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or bye-laws from any person with respect to the draft before the date so specified;

(5) the publication in the [official Gazette] of a rule or bye-law purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-laws has been duly made.

24. Continuation, of orders, etc. issued under enactments repealed and re-enacted.--Where any [Central Act] or Regulation is, after the commencement of this Act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any [appointment, notification], order, scheme, rule, form or bye-law [made or] issued under the repealed Act or Regulation, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been [made or], issued under the provisions so re-enacted, unless and until it is superseded by any [appointment, notification] order scheme, rule, form or bye-law [made or] issued under the provisions so re-enacted [and when any] [Central Act] or Regulation, which, by a notification under Section 5 or 5A of the Scheduled Districts Act, 1874 or any, like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from and re-extended to such area or any part thereof, the provisions of such Act or Regulation shall be deemed to have been repealed and re-enacted in such area or part within the meaning of this section.

[24-A. Exercise of power under enactments.--(1) Where, by or under any enactment, a power to make any order or give any direction is conferred on any authority, office or person such power shall be exercised reasonably, fairly, justly and for the advancement of the purposes of the enactment.

(2) The authority, office or person making any order or issuing any direction under the powers conferred by or under any enactment shall, so far as necessary or appropriate, give reasons for making the order or, as the case may be, for issuing the direction and shall provide a copy of the order or, as the case may be, the direction to the person affected prejudicially.]

MISCELLANEOUS

25. Sections 63 to 70 of the Pakistan Penal Code and the provisions of the Code of Criminal Procedure for the time being in force in relation to the issue and the execution of warrants for the levy of fines shall apply to all fines imposed under any Act, Regulation, rule or bye-law unless the Act Regulation rule or bye-law contains and express provision to the contrary.

26. Provision as to offences punishable under two or more enactments.--Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.

27. Meaning or service by post.--Where any Central Act or Regulation made after the commencement of this Act authorizes or requires any document to be served

by post, whether the expression "serve" or either of the expressions "give" or "send" or

any other expression is used, then, unless a different intention appears, the service

shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

28. Citation of enactments.--(1) In any Central Act or Regulation, and in any rule, bye-law, instrument or document, made under, or with reference to, any such Act or Regulation, any enactment may be cited by reference to the title or short title (if any) conferred thereon or by reference to the number and year thereof, and any provision in an enactment may be cited by reference to the section or sub-section of the enactment in which the provision is contained.

(2) In this Act and in any Central Act or Regulation made after the commencement of this Act, a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.

29. Saving for previous enactments, rules and bye-laws.--The provisions of this Act respecting the construction of Acts, Regulations, rules or bye-laws made after the commencement of this Act shall not affect the construction of any Act, Regulation, rule or bye-law made before the commencement of this Act, although the Act, Regulation, rule or bye-law is continued or amended by an Act, Regulation, rule or bye-law made after the commencement of this Act.

[30. Application of Act to Ordinances.--In this Act the expression Central Act wherever it occurs, except in Section 5, and the word "Act" in clauses (9), (12), (38), (48) & (50) of Section 3 and in Section 25 shall be deemed to include the Ordinance made and promulgated by the [Governor General] under Section 23 of the Indian Councils

Act, 1861 [or Section 42 *** of the Government of India Act, 1935] [or Section 72 of the Government of India Act, 1915] [or an Ordinance made and promulgated by the President on or after the twenty-third day of March, 1956].

[31. Application of Act to Orders made by the President.--The provisions of this Act shall apply for the interpretation of any order made by the President on or after the twenty-third day of March, 1956, as they apply for the interpretation of a Central Act, as if every such Order were a Central Act].

---------------

THE SCHEDULE.--(Enactments repealed). Rep. by the Amending Act, 1903 (1 of 1903), Section 4 and Schedule III.

---------------

THE

W.P. GENERAL CLAUSES

ACT, 1956

An Act to facilitate the interpretations of West Pakistan Acts and to shorten the language used therein.

Preamble.--Whereas it is expedient to shorten the language used in the Acts passed by the West Pakistan Legislature and to make certain provisions for the construction of, and other matters relating to such Acts and certain other Acts in force in West Pakistan;

It is hereby enacted as follows,--

1. Short title and commencement.--(1) This Act may be called the West Pakistan General Clauses Act, 1956.

(2) It shall [be deemed to have come into force on and from the 14th day of October, 1955.]

2. Definitions.--In this Act, and in all West Pakistan Acts unless there is anything repugnant in the subject or context:

(1) "Abet" with its grammatical variations and cognate expressions shall have the same meaning as in the Pakistan Penal Code;

(2) "Act" used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts done shall extend also to illegal omissions;

(3) "Acceding State" shall mean any territory in the Indo-Pakistan Sub-Continent which the Central Government recognizes as a State, whether described as a State or otherwise, and which has acceded to Pakistan, and

"Non-Acceding State" shall mean any State so recognized which has not so acceded;

(4) "Affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;

(5) "Barrister" shall mean a barrister of England or Ireland or a member of the Faculty of Advocates in Scotland;

(6) "British India" shall mean, as respects the period before the commencement of Part III of the Government of India Act, 1935, all territories and places within His Majesty's Dominions which were for the time being governed by His Majesty through the Governor-General of India or through any Governor or officer subordinate to the Governor-General of India, and as respects any period after that date and before the establishment of the Federation of Pakistan means all territories for the time being comprised within the Governor's Provinces and the Chief Commissioners' Provinces, except that a reference to British India in an Indian law passed or made before the commencement of Part III of the Government of India Act, 1935, shall not include a reference to Berar;

(7) "British possession" shall mean any part of Her Majesty's dominions, exclusive of the United Kingdom, and, where parts of those dominions are under both a central or a local Legislature, and parts under the central Legislature shall, for the purposes of this definition, be deemed to be one British possession;

(8) "Capital of the Federation" shall have the same meaning as in the Government of India Act, 1935;

(9) "Central Act" shall mean an Act of the Central Legislature, and shall include an Act made by the Governor-General under Section 67-B of the Government of India Act;

[For commentary see General Clauses Act, 1897, S. 3.]

(10) "Central Government" shall--

(a) in relation to anything done before the commencement of Part III of the Government of India Act, 1935, mean the Governor-General-in-Council or the authority competent at the relevant date to exercise the functions corresponding to those subsequently exercised by the Governor-General;

(b) in relation to anything done after the commencement of Part III of the said Act, but before the establishment of the Federation of Pakistan, mean, as respect matters with respect to which the Governor-General was by or under the provisions of the said Act then in force required to act in his discretion, the Governor-General and as respects other matters, the Governor-General-in-Council; and

(c) in relation to anything done or to be done after the establishment of the Federation of Pakistan, mean the Governor-General; and shall include--

(ii) in relation to the administration of a Chief Commissioner's Province, the Chief Commissioner acting within the scope of the authority given to him under sub-section (3) of Section 94 of the said Act;

[For commentary see General Clauses Act, 1897, S. 3]

(11) "Central Legislature" shall mean the Governor-General-in-Council acting in a legislative capacity under the Government of India Act, 1933, the Government of India Act; 1853, the Indian Councils Acts, 1861 to 1909, or any of those Acts, or the Government of India Act, 1915, the Indian Legislature acting under the Government of India Act, or the Government of India Act, 1935, or the Federal Legislature acting under the Government of India Act, 1935, as the case may require;

(12) "Chapter" shall mean a chapter of the West Pakistan Act in which the word occurs;

(13) "Chief Court" shall mean the highest Court of original; appellate or revisional jurisdiction (not including the Federal Court);

(14) "Collector" shall mean the Chief Officer incharge of the revenue administration of a District and shall include a Deputy Commissioner;

(15) "Colony"--

(a) In any Act passed after the commencement of Part III of the Government of India Act, 1935, shall mean any part of His Majesty's Dominions exclusive of the British Islands, the Dominions of India and Pakistan (and before the establishment of those Dominions, British India) any Dominion as defined in the Statute of Westminster, 1931, any Province or State forming part of any of the said Dominions, and British Burma; and

(b) In any Act passed before the commencement of Part III of the said Act, shall mean any part of His Majesty's Dominions exclusive of the British Islands and of British India, and in either case where parts of some Dominions are under both a central and local legislature, all parts under the central legislature shall, for the purposes of this definition, be deemed to be one colony;

(16) "Commencement" used with reference to a West Pakistan Act shall mean the day on which the Act comes into force;

(17) "Commissioner" shall mean the chief officer of the revenue and general administration of a division; [and shall include an Additional Commissioner of such division].

(18) "Consular Officer" shall include consul-general, consul, vice-consul, consular agent, pro-consul and any, person for the time being authorized to perform the duties of consul-general, consul, vice-consul or consular agent;

(19) "Deputy Commissioner" shall mean the chief officer-in-charge of the general administration of the district;

(20) "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include the High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;

(21) "District Court" snail mean the principal Civil Court of original civil jurisdiction of a district; but shall not include the High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;

(22) "Document" shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, which is intended to be used, or which may be used, for the purpose of recording that matter;

(23) "Enactment" shall include an Ordinance and a Regulation and any provision contained in any West Pakistan Act, Ordinance or Regulation;

(24) "Father" in the case of any one whose personal law permits adoption, shall include an adoptive father;

(25) "Financial year" shall mean the year commencing on the first day of April;

(26) "Gazette" or "Official Gazette" shall mean the West Pakistan Gazette published under the authority of the Governor of West Pakistan;

(27) A thing shall be deemed to be done in "good faith" where it is in fact done honestly, whether it is done negligently or not;

(28) "Government" or "the Government" shall mean the Central Government or the Government of the Province of West Pakistan, as the case may be;

(29) "Her Majesty" or "the Queen" shall include Her successors;

(30) "High Court" used with reference to civil proceedings shall mean the highest Civil Court of appeal not including the Federal Court in the Province or part thereof in which the Act containing the expression operates;

(31) "Immovable property" shall include land, benefits to arise out of land, and things attached to the earth;

(32) "Imprisonment" shall mean imprisonment of either description as defined in the Pakistan Penal Code, 1860;

(33) "India" shall mean--

(a) as respects any period before the establishment of the Federation of Pakistan, British India together with all territories of any Indian ruler than under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian ruler, and the tribal areas;

(b) as respects any period after the establishment of the Federation of Pakistan all territories for the time being included in the Dominion of India, excluding the territories of Jammu and Kashmir, Junagadh and Manavadar;

(34) "India Act" or "Indian Act" shall mean an Act made by the Governor-General of India in Council;

(35) "Local authority" shall mean a municipal corporation, municipal committee, district board, body of Port Trustees or Commissioners, or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund;

(36) "Magistrate" shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure for the time being in force;

(37) "Master" used with reference to a ship shall mean any person (except a pilot or harbour master) having for the time being control or charge of the ship;

(38) "Month" shall mean a month reckoned according to the British calendar;

(39) "Movable property" shall mean property of every description except immovable property;

(40) "North-West Frontier Province Act" shall mean an Act made by the Local Legislature or the Governor of the North-West Frontier Province under the Government of India Act, or by the Provincial Legislature or the Governor of the North-West Frontier Province (as it existed immediately before the establishment of West Pakistan) under the Government of India Act, 1935;

(41) "Notification" shall mean a notification published under proper authority in the Official Gazette;

(42) "Oath" shall include affirmation and declaration in the case of person by law allowed to affirm or declare instead of swearing;

(43) "Offence" shall mean any act or omission made punishable by any law for the time being in force;

(44) "Pakistan" shall have the same meaning as in Section 5 of the Government of India Act, 1935;

(45) "Pakistan Law" shall mean any Act, Ordinance, Regulation, Rule, Order, or Bye-law which before the establishment of the Federation of Pakistan had the force of law in British India or any part thereof, or thereafter has the force of law in Pakistan or any part thereof, other than a Federated State, but does not include any Act of Parliament or any Order in Council, Rule or other instrument made under an Act of Parliament;

(46) "Part" shall mean a part of the West Pakistan Act in which the word occurs;

(47) "Person" shall include any company or association or body of individuals, whether incorporated or not.

(48) "Political agent" shall mean the principal officer by whatever name called, representing the Central Government in an Acceding State or Group of Acceding States or in any territory or place in the tribal areas or leased areas;

(49) "Privy Council" shall mean the Lords and others for the time being of Her Majesty's Most Honourable Privy Council;

(50) "Province" shall mean the province of West Pakistan;

(51) "Provincial Government" shall mean the Government of West Pakistan;

(52) "Public nuisance" shall mean a public nuisance as defined in the Pakistan Penal Code;

(53) "Punjab Act" shall mean an Act made by the Lieutenant Governor of the Punjab in Council under the Indian Councils Acts, 1861 and 1892 or the Indian Councils Acts, 1861 to 1909 or the Government of India Act, 1915, or by the local Legislature or the Governor of the Punjab under the Government of India Act or by the Provincial Legislature or the Governor of the Punjab (as it existed immediately before the establishment of West Pakistan under) the Government of India Act, 1935;

(54) "Registered" used with reference to a document shall mean registered in West Pakistan under the law for the time being in force for the registration of documents;

(55) "Rule" shall mean a rule made in exercise of a power conferred by any enactment and shall include a regulation made as a rule under any enactment.

(56) "Schedule" shall mean a schedule to the Act in which the word occurs;

(57) "Scheduled district" shall mean a "scheduled district" as defined in the Scheduled Districts Act, 1874;

(58) "Section" shall mean a section of the Act in which the word occurs;

(59) "Ship" shall include every description of vessel used in navigation not exclusively propelled by oars.

(60) "Sign" with its grammatical variations and cognate expressions, shall, with reference to a person who is unable to write his name, include "mark" with its grammatical variations and cognate expressions;

(61) "Sindh Act" shall mean an Act made under the Government of India Act, 1935 by the Provincial Legislature or the Governor of the Province of Sindh as it existed immediately before the establishment of West Pakistan and shall include an Act made by the Governor of Bombay in Council under the Indian Councils Acts, 1861 or the Indian Councils Acts, 1861 and 1892, or the Indian Councils Acts 1861 to 1909, or the Government of Indian Act, 1915, or by the Legislature or the Governor of the Presidency of Bombay under the Government of India Act, 1915, as applicable to the aforesaid Province before the aforesaid date;

(62) "Son" in the case of any one whose personal law permits adoption, shall include an adopted son;

(63) ["Special Area"--

(i) In any West Pakistan Act, passed on or before the 22nd day of March, 1956, shall have the same meaning as in the establishment of West Pakistan Act, 1955; and

(ii) in any West Pakistan Act, passed after the 22nd day of March, 1956, shall mean the Special Areas as defined in Article 218 of the Constitution."]

(64) "Subsection" shall mean a sub-section of the section in which the word occurs;

(65) "Swear" with its grammatical variations and cognate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing;

(66) "Vessel" shall include any ship or boat or any other description of vessel used in navigation;

(67) "West Pakistan Act" shall mean an Act made by the Provincial Legislature or the Governor of the Province of West Pakistan under the Government of India Act, 1935, [or the Constitution] and shall include North-West Frontier Province Act, Punjab Act and Sindh Act and any Act applying to the former Province of Baluchistan States Union;

(68) "Will" shall include a codicil and every writing making a voluntary posthumous disposition of property;

(69) "Writing" expressions referring to "writing" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form; and

(70) "Year" shall mean a year reckoned according to the Georgian calendar.

GENERAL RULES FOR CONSTRUCTION

3. Coming into operation of enactments. Where any West Pakistan Act is not expressed to come into operation on a particular day then, it shall come into operation, if it is an Act of the Legislature on the day on which the assent thereto of the Governor, or the Governor-General as the case may require, is first published in the Official Gazette, and if it is an Act of the Governor, on the day on which it is first published as an Act in the Official Gazette and in every such Act the date of the first publication thereof shall be printed either above or below the title of the Act and shall form part of every such Act.

4. Effect of repeal. (1) Where this Act or any other West Pakistan Act repeals any enactment then, unless different intention appears, the repeal shall not--

(a) revive anything not in force or existing at the time at which the repeal takes effect;

(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture or punishment as aforesaid; 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 Repealing Act had not been passed.

(2) The provisions of sub-section (1) shall apply on the expiry or withdrawal of any Ordinance promulgated by the Governor under Section 88 of the Government of India Act, 1935, [or Article 102 of the Constitution] as if it had been repealed by a West Pakistan Act.

5. Repeal of Act making of textual amendment in Act.--Where any West Pakistan Act repeals any enactment by which the text of any enactment was amended by the express, omission, insertion or substitution of any matter, then unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.

6. Revival of repealed enactments.--In any West Pakistan Act it shall be necessary, for the purpose of reviving either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose.

7. Construction of reference to repealed enactments.--(1) Where this Act or any other West Pakistan Act, repeal's and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provisions so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.

[(2) Where any Central Act or an Act of Parliament repeals and re-enacts, with or without modifications, any provision of a former enactment, then reference in any West Pakistan enactment or instrument to the provision so repealed shall, unless a different intention appears, be construed as reference to the provision so enacted.]

8. Commencement and termination of time.--In any West Pakistan Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time to use the word "from" and for the purpose of including the last in a series of days or any other period of time to use the word "to".

9. Computation of time.--Where, by any West Pakistan Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open:

Provided that nothing in this section shall apply to any act or proceeding in which the Limitation Act, 1908, applies.

10. Measurement of distance.--In the measurement of any distance, for the purpose of any West Pakistan Act, the distance shall unless a different intention appears, be measured in a straight line on a horizontal plane.

11. Duty to be taken prorata in enactments.--Where, by any enactment now in force or hereafter to be in force, any duty or customs or excise, or in the nature thereof, is leviable on any given quantity, by weight, measure or value of any goods or merchandise, then a like duty is leviable according to the same rate on any greater or less quantity.

12. Gender and number.--In all West Pakistan Acts, unless there is anything repugnant in the subject or context,--

(1) words importing the masculine gender shall be taken to include female; and

(2) words in the singular shall include the plural; and vice versa.

POWERS AND FUNCTIONARIES

13. Power conferred to be exercisable from time to time.--Where, by or under any West Pakistan Act, any power is conferred upon any authority, then that power may be exercised by such authority from time to time as occasion require.

14. Power to appoint to include power to appoint ex-officio.--Where, by any West Pakistan Act, any power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment may be made either by name or by virtue of office.

15. Power to appoint to include power to suspend or dismiss.--Where, by any West Pakistan Act, a power to make any appointment is conferred, then, unless different intention appears, the authority having for the time being power to make the appointment shall have power to suspend or dismiss any person appointed whether by itself or any other authority in exercise of that power.

[For comments see S. 21, General Clauses Act]

16. Substitution of functionaries.--In any West Pakistan Act, it shall be sufficient, for the purpose of including the application of a law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed.

17. Successors.--In any West Pakistan Act, it shall be sufficient for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession to express its relation to the functionaries or corporations.

18. Official Chiefs and subordinates.--In any West Pakistan Act, it shall be sufficient for the purpose of expressing that a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superiors, to prescribe the duty of the superior.

PROVISIONS AS TO ORDERS RULES ETC., MADE UNDER ENACTMENT

19. Construction of orders to issue under enactments.--Where, by any West Pakistan Act, a power to issue any notification, order, scheme, rule, form or bye-law is conferred, then, expressions used in the notification, order, scheme, rule, form or bye-law shall unless there is anything repugnant in the subject or context, have the same respective meanings as in the Act conferring the power.

20. Power to make to include, power to add to, amend vary, or rescind orders, rules or bye-laws.--Where by any West Pakistan Act, a power to issue notification, order, rules, scheme, form or bye-laws is conferred then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind, any notifications, orders, rules, scheme, form, bye-laws so issued.

21. Making of rules or bye-laws and issuing of orders between passing and commencement of enactment.--Where, by any West Pakistan Act which is not to come into force immediately of the passing thereof a power is conferred to make rules or bye-laws, or to issue orders with respect to the application of the Act or with respect to the establishment of any Court or office or the appointment of any judge or officer thereunder or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which anything is to be done under the Act, then that power may be exercised at any time after the passing of the Act, but rules, bye-laws or order so made or issued shall not take effect till the commencement of the Act.

22. Provisions applicable to making of rules or bye-laws after previous publication.--Where, by any West Pakistan Act a power to make rules or bye-laws is expressed to be given subject to the condition of-the rules or bye-laws being made after previous publication, then, unless such Act otherwise provides the following provisions shall apply, namely--

(1) the authority having power to make the rules or bye-laws shall, before making them, publish a draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby;

(2) the publication shall be made in such manner as that authority deems to be sufficient, or if the condition with respect to previous publication so requires, in such manner as the Provincial Government, prescribes;

(3) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration;

(4) the authority having power to make the rules or bye-laws and, where the rules or bye-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or, bye-laws from any person with respect to the draft before the date so specified;

(5) the publication in the Official Gazette of a rule or bye-laws purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law has been duly made.

23. Continuation of appointment, notification, orders, etc., issued under enactments repealed and re-enacted.--Where, any West Pakistan Act, is repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law made or issued under the repealed Act, shall so far as it is not inconsistent with the provisions re-enacted continue in force, and be deemed to have been made or issued under the provisions so re-enacted unless or until it is superseded by any appointment, notification, order, scheme, rule, form or bye-law made or issued under the provisions so re-enacted.

MISCELLANEOUS

24. Recovery of fines.--Sections 63 to 70 of the Pakistan Penal Code and provisions of the Code of Criminal Procedure for the time being in force in relation to the issue and the execution of warrants for the levy of fines shall apply to all fines imposed under any Act, rule or bye-law, unless the Act, rule or bye-law contains an express provision to the contrary.

25. Provision as to offences punishable under two or more enactments.--Where an act or omission constitute an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.

26. Meaning of service by post.--Where any West Pakistan Act authorizes or requires any document to be served by post, whether the expression "serve" or either of the expressions "give" or "send" or any other expression is used then unless a different intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting by registered post, a letter containing the documents and unless the contrary is proved, to have been effected at the time at which the latter would be delivered in the ordinary course of post.

27. Citation of enactments.--(1) In any West Pakistan Act and in any rule, bye-law, instrument or document, made under, or with reference to, any such Act, any enactment may be cited by reference to the title or short title (if any) conferred thereon or by reference to the number and year thereof, and any provision in an enactment may be cited by reference to the section or sub-section of the enactment in which the provision is contained.

(2) In any West Pakistan Act, a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.

28. Application to Ordinances and Regulations.--The provisions of this Act shall apply in relation to any regulation made by the Governor under Section 92 of the Government of India Act, 1935 [or Articles 103 and 104 of the Constitution] and to any Ordinance promulgated by him under Section 88 of the said Act [or Article 102 of the Constitution] as they apply in relation to Acts made by the West Pakistan Legislature.

29. Repeal.--The following enactments are hereby repealed:--

(1) The Sindh General Clauses Act, 1947;

(2) The Punjab General Clauses Act, 1898;

(3) The Punjab General Clauses Act, 1898, as applicable to the Districts of Bahawalnagar, Bahawalpur and Rahimyar Khan; and

(4) The North-West Frontier Province General Clauses Act, 1932.

-------------------

THE

GOODS CONDUCT PRISONERS' PROBATIONAL RELEASE ACT, 1926

[PUNJAB ACT X OF 1926]

[27th August, 1926]

An Act to provide for the release of good conduct prisoners on conditions imposed by the [Provincial Government].

Preamble.--Whereas it is expedient to provide for the conditional release from prison of goods conduct prisoners in certain cases before the completion of the term of imprisonment to which they have been sentenced, and whereas the previous sanction of the Governor General under sub-section (3) of Section 80-A of the Government of India Act has been obtained;

It is hereby enacted as follows:-

1. Short title, extent and commencement.--(1) This Act may be called the Good Conduct Prisoner's Probation Release Act, 1926.

[(2) It extends to the whole of Province of [The Punjab] except [Tribal Areas.]

(3) It shall come into force [on such date as the [Provincial Government]] may by notification appoint in this behalf.

2. Power of Government to release by license on conditions imposed by it.--Notwithstanding anything contained in Section 401 of the Code of Criminal Procedure, 1898, where a person is confined in prison under a sentence of imprisonment, and it appears to the [Provincial Government] from his antecedents or his conduct in

the prison that he is likely to abstain from crime and lead useful and industrious life, if he is released from prison, the [Provincial Government] may be license permit him to be release on condition that he be placed under the supervision or authority of a [servant of the state] or a secular institution or of a person or society professing the same relating as the prisoner, named in the license and willing to take charge of him [:]

N.W.F.P. Amendment.--In Section 2, the full-stop appearing at the end before the "Explanation thereunder, shall be replaced by a colon and the following proviso shall be inserted.

[Provided that a prisoner convicted and sentenced under any of the section in Chapter XVI of the P.P.C. (XLV of 1860) shall not be released on parole without the consent of the victim, or as the case may be, his heirs].

Explanation.--The expression "sentence of imprisonment" in this section shall include imprisonment in default of payment of fine and imprisonment for failure to furnish security under Chapter VII of the Code of Criminal Procedure, 1898.

3. Period of which license is to be in force.--A licensee granted under the provisions of Section 2 shall be in force until the date on which the person released would, in the execution of the order or warrant authorising his impressment have been discharged from prison had he not been released on license, or until the license is revoked, whichever is sooner.

4. Period of release to be reckoned as imprisonment for computing period of sentence served.--The period during which a person is absent from prison under the provisions of this Act or a license which is in force shall be reckoned as a part of the period of imprisonment to which he was sentenced, for the purpose of computing the period of his sentence and for the purpose of computing the amount of remission of his sentence which might be awarded to him under any rules in force relating to such remission.

5. Form of license.--A license granted under the provisions of Section 2 shall be in such form and shall contain such conditions as the [Provincial Government] may, by general or special order or by rules made in this behalf direct.

6. Power to revoke license.--(1) The [Provincial Government] may at any time revoke a license granted under the provisions of Section 2.

(2) Any order of revocation passed under the provisions of sub-section (1) shall specify the date with effect from which the license shall cease to be in force and shall be served in such manner as the [Provincial Government] maybe rules prescribe, upon the person whose license has been revoked.

7. Release absconders who escape from supervision to be punishable.--(1) If any person escape from the supervision or authority of [servant of the state] or secular institution, or a society or person in whose charge he has been placed under the provisions of Section 2, or if any person whose license has been revoked under the provisions of Section 6, fails without lawful excuse, the burden of proving which shall be upon him, to return to the prison form which he was released, on or before the date specified in the order of revocation, such person shall on conviction by Magistrate be punishable with imprisonment of a term which may extend to two years or with fine, or with both.

(2) An offence punishable under the provision of sub-section (1), shall be deemed to be a cognizable offence within the meaning of clause (f) of sub-section (1) of Section 4 of the Code of Criminal Procedure, 1898.

8. Power to make rules.--The [Provincial Government] may make rules consistent with this Act--

(1) for the form and conditions of licenses on which prisoners may be released;

(2) for defining the powers and duties of Government officers, societies or persons, under whose authority or supervision conditionally released prisoners may be kept;

(3) for defining the classes of offenders who may be conditionally released and the period of imprisonment after which they may be so released;

(4) generally for carrying into effect all the purposes of this Act.

-------------------

THE

GOODS CONDUCT PRISONERS' PROBATIONAL RELEASE RULES, 1926

(1) This rules may be called the Good Conduct Prisoner's Probational Release Rules.

(2) In these rules unless there is anything repugnant in the subject or the context:-

Definition--

(1) "The Act" means the Good Conduct Prisoner's Probational Release Act, 1926.

(2) "Reclamation Officer" means an officer appointed by the Provincial Government for the superintendence, direction and control of persons released from prison under the provisions of the Act.

(3) "Probation Office" means an Officer appointed by the Provincial Government to assit the Reclamation Officer in the discharge of his duties.

(4) "Superintendent" means the Superintendent of a prison in which any prisoner or prisoner to be released under the Act are confined, or any other officer specially authorised in this behalf by the Provincial Government.

(5) The "Reclamation Officer" and "Probation Officer" shall be taken to be the Government Officers" within the meaning of Sections 2, 7 and 8 of the Act.

4. Conditional release of well-behaved Prisoners.--(a) The Reclamation Officer may, at any time, after consultation with the Superintendent, prepare a list of prisoners who from their antecedent in prison appear to be likely, if released from prison, to abstain from crime and lead a useful and industrious life, and may forward a list of such prisoners to the Provincial Government with a recommendation for their release under this Act.

The Provincial Government may thereupon permit all or any of the prisoners to be released by licenses under Section 2 of the Act.

(b) A license under Section 2 of the Act shall be in form A herewith annexed and shall contain the conditions stated therein.

(c) No prison shall be released from a prison unless the conditions of the license are personally explained to him by Superintendent and are accepted by him. The fact that the condition were so explained to the prisoner and were accepted by him shall be certified on the license by the Superintendent.

5. Powers and duties of the Reclamation Officer.--(a) The Reclamation Officer shall be generally responsible for supervision, direction and control of all prisoners released under this Act.

(b) Subject to any general or special orders issued by the Provincial Government in this behalf, the Reclamation Officer may place any prisoners release under the Act under the authority of a Probation Officer and any delegate to him any of his duties in respect of such prisoners.

6. Duties of Probation Officer.--(a) Probation Officer shall work under the control of the Reclamation Officer and shall perform such duties and exercise such powers as may be assigned to them by that Officer.

(b) With the permission of the Reclamation Officer a Probation Officer may allow any prisoner placed under his authority to be employed by any person on rates of wages approved by the Reclamation Officer and shall take from the employer an agreement in writing embodying the conditions of employment. The Probation Officer shall be responsible in such cases for seeing that suitable arrangements are made for the lodging of the prisoner in sanitary conditions and for enforcing the payment of the remuneration and other conditions of the agreement.

(c) A Probation Officer shall be generally responsible for the conduct and discipline of every prisoner placed under his authority and for his due observance of the conditions of his license. He shall report any breach of the conditions of a license by a prisoner to the Reclamation Officer.

7. Revocation of Licenses.--(a) If on the report of Probation Officer or otherwise, the Reclamation Officer finds that any prisoner has been guilt of a breach of the conditions of his license or considers that he is unfit to be allowed to remain at large under the license, he shall report the matter to the Provincial Government and the Provincial Government may thereupon, revoke his license.

(b) When the Reclamation Officer Probation Officer decides to recommend the revocation of the license of a prisoner, he may order his arrest and detention in such places and subject to such restrictions as may be prescribed by the Provincial Government in his behalf pending the receipt of the order of the Provincial Government, and if the license is revoked may send him in charge of a Police Officer to the Superintendent of the Jail mentioned in revocation order on or before the date specified therein.

(c) Any order of revocation under Section 6 of the Act shall be in Form B, herewith annexed and shall be served upon the prisoner by the Reclamation Officer, a Probation Officer or a Superintendent of a Jail. The Reclamation Officer, the Probation Officer, or the Superintendent of the Jail as the case may be shall explain the order to the prisoner and shall certify the fact that the order has been so explained, below the revocation order. A not as regards the revocation shall also be made on the original license.

8. Final release of prisoners on Probation.--On the expiry of the period of license, otherwise than by revocation, the Reclamation Officer, or any Probation Officer authorized by him in this behalf, shall forthwith inform the licensee that he is absolved from the observance of all the conditions of the license and shall make a note to that effect on the license.

9. Classes of offenders not eligible for conditional release.--The following classes of offenders shall not be eligible for conditional release under the act:--

(a) Persons who have been convicted for offences under the following Acts, or provisions thereof;

(i) Chapters V-A, VI and VII Sections 216-A, 302, 303, 307, 311, 328, 364, 382, 386 to 389, 392-402, 413, 455, 458 to 460 of the Pakistan Penal Code;

(ii) The Criminal Tribes Act, 1924;

(iii) The Pakistan Criminal Law (Amendment) Act, 1908;

(iv) The Explosive Substances Act, 1908;

(b) Except in the case of prisoners committed to prison in default of furnishing security prisoners the unexpired term of imprisonment, is less than six months.

(c) Prisoners who have been sentences to imprisonment for a term exceeding three years and have not completed 18 months of their sentence of imprisonment in prison.

(d) Prisoners; who have been convicted of an offence under Section 7 of the Act, or whose license has been previously revoked on account of a breach of the conditions of the license.

--------------

THE

GOVERNMENT SERVANTS

(EFFICIENCY & DISCIPLINE)

RULES, 1973

[18th August, 1973]

S.R.O. 1213-1/73, dated 18.8.1973.--In exercise of the powers conferred by Section 25 of the Civil Servants Act, 1973 (LXXI of 1973), the President is pleased to make the following rules, namely:

1. Short title, commencement and application.--(1) These rules may be called the Government Servants (Efficiency & Discipline) Rules, 1973.

[(2) They shall come into force at once and shall apply to every civil servant.]

2. Definitions.--In these rules, unless the context otherwise requires--

(1) "accused" means a Government servant against whom action is taken under these rules;

[(2) "authority" means the appointing authority prescribed in Rule 6 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973]:

[Provided that in the case of disciplinary proceedings already initiated against a Government servant before 14th June, 2000, the powers of "authority" shall be exercised by the officer designated as such before the aforesaid date;]

(3) "authorised officer" means an officer authorised by the authority to perform functions of an authorised officer under these rules; [or, if no officer is so authorised, the authority];

(4) "misconduct" means conduct prejudicial to good order to service discipline on contrary to the Government Servants (Conduct) Rules, 1964 or unbecoming of an officer and a gentleman includes, any act on the part of a Government servant to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Government or any Government officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement of other conditions of service of a Government servant; and

(5) "penalty" means a penalty which may be imposed under these rules.

DESIGNATION OF OFFICERS AS AUTHORITY/

AUTHORISED OFFICER UNDER RULES

Notification No. S.R.O. 1562(1)/73, dated 10.10.1973.--The President is pleased to decide that the following officers shall be designated as Authority/Authorised Officer under sub-rules (2) and (3) of Rule 2 of the Government Servants (Efficiency and Discipline) Rules, 1973 in respect of the Government Servants employed in the Federal Secretariat:--

Sr.

No.

1. Government servants in Grades 23 and 22 (i.e., Secretary-General and Secretary of equivalent rank).

Authority

Prime Minister

Authorised

Officer

Nil

2. Government servants in Grade 21 (Additional Secretary or equivalent).

Prime Minister

Nil

3. Government servants in Grades 17 to 20 (Joint Secretary, Deputy Secretary, Section Officer or equivalent).

Prime Minister

Secretary

4. Government servants in Grade 16 (Superintendent and equivalent).

Secretary

5. Government servants in Grades 11 to 15 (Assistants, Stenographer. etc., or equivalent).

Secretary

Joint Secretary

6. Government servants in Grades 3 to 10 (Upper Division Clerks, Lower Division Clerks and equivalent).

Joint Secretary

Deputy

Secretary

7. Government servants in Grades 1 and 2 Peons and equivalent).

Deputy

Secretary

Section

Officer

S.R.O. 5(1)/75, dated 1st January, 1975.--The President is pleased to decide that the following officers shall be designated as Authority/Authorised Officer under sub-rules (2) and (3) of Rule 2 of Government Servants (Efficiency and Discipline) Rules, 1973, in respect of Government Servants employed in the Accounts Group namely:--

Authority Authorised

Officer

Government Servants in Grade 21 Prime Minister Nil

PRESIDENTIAL DESIGNATION AND AUTHORISATION UNDER RULE 2

S.R.O. 1069(1)/75, dated 22nd October, 1975.--In exercise of the powers conferred by sub-rules (2) and (3) of Rule 2 of the Government Servants (Efficiency and Discipline) Rules, 1973, the President is pleased to--

(a) Designate the Prime Minister to exercise the powers of the authority; and

(b) authorise the Secretary to the Government of Pakistan in the Ministry of Law and Parliamentary Affairs to perform the functions of an authorised officer,

under the said Rules in respect of the President and members of the Income Tax Appellate Tribunal.

POWERS OF THE AUTHORITY

S.R.O. 650(1)/75, dated 9th June, 1975.--In exercise of the powers conferred by clauses (2) and (3) of Rule 2 of the Government Servants (Efficiency and Discipline) Rules, 1973 the President is pleased--

(a) to designate, in respect of the Government Servants serving in Pakistan Diplomatic Missions or sub-Missions abroad specified in column 1 of the table and belonging to the grades so specified, the authority or officer specified in column 2 of the table to exercise the powers of the authority under the aforesaid Rules; and

(b) to authorise in respect of the aforesaid Government Servants the officer specified in column 3 of the table, if any to perform the functions of an authorised officer under the aforesaid Rules:

Provided that where a number of accused persons of different grades is involved in the same or a similar case in a Mission or sub-Mission, the authority may authorise a single officer to perform the functions of an authorised officer and an authorised officer may appoint a single inquiry officer, in respect of all such accused persons.

TABLE

1. Government Servants in Grade 21 and above.

Authority

Prime Minister

Authorised

Officer

Nil

2. Government Servants in Grades 20 to 17 (Ambassadors in Grade 20 local rank Ambassadors of lesser grades, Minister Councillors, First Secretaries, Second Secretaries. Third Secretaries and Attaches as well as other officials of whatever designation in these grades).

Ditto.

Secretary (Administration) Ministry of Foreign Affairs.

3. Government Servants in Grade 16 (Superintendents or equivalent).

Secretary (Administration) Ministry of Foreign Affairs

Head of Mission or sub-Mission of Grade 20 and of above.

4. Governments Servants in Grades 11 to 15 (Assistants, Stenographers or equivalent).

Secretary (Administration) Ministry of Foreign Affairs Head of Mission or sub-Mission of Grade 20 and above.

5. Government Servants in Grades 3 to 10 (Upper Division Clerks, Lower Division Clerks or equivalent).

Ditto.

Chief or Deputy Chief of Mission or Head of Sub-Mission of Grade 18 and above.

6. Government Servants in Grades 1 and 2 (Peons or equivalent).

Director (Administration) Ministry of Foreign Affairs.

Ditto

3. Grounds for penalty.--Where a Government servant in the opinion of the authority--

(a) is inefficient or has ceased to be efficient; or

(b) is guilty of misconduct; or

(i) he is or any of his dependants or any other person through him or on his behalf is, in possession (for which he cannot reasonably account) of pecuniary resources or of property disproportionate to his known sources of income; or

(ii) he has assumed a style of living beyond his ostensible means; or

(iii) he has a persistent reputation of being corrupt; or

(d) is engaged, or is reasonably suspected of being engaged in subversive activities, or is reasonably suspected of being associated with others

engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorised person, and his retention in service is, therefore, prejudicial to national security, the authority may impose on him one or more penalties.

4. Penalties.--(1) The following are the minor and major penalties, namely:--

(a) Minor Penalties:

(i) Censure;

(ii) withholding for a specific period, promotion or increment, otherwise than for unfitness for promotion or financial advancement, in accordance with the rules or order pertaining to the service or post;

(iii) stoppage, for a specific period, at an efficiency bar in the time-scale, otherwise than for unfitness to cross such bar;

(iv) recovery from pay of the whole or any part of any pecuniary loss caused to Government by negligence of breach of orders;

(b) Major Penalties:

(i) reduction to a lower post or time-scale, or to a lower stage in time-scale;

(ii) compulsory retirement;

(iii) removal from service; and

(iv) dismissal from service.

(2) Removal from service does not, but dismissal from service does, disqualify for future employment.

(3) In this rule, removal or dismissal from service does not include the discharge of a person--

(a) appointed on probation, during the period of probation or in accordance with the probation or training rules applicable to him;

(b) appointed, otherwise than under a contract, to hold a temporary appointment, on the expiration of the period of appointment; or

[5. Inquiry procedure. (1) The following procedure shall be observed when a Government servant is proceeded against under these rules:-

(i) In case where a Government servant is accused of subversion, corruption or misconduct, the authorised officer may require him to proceed on leave or, with the approval of the authority, suspend him:

Provided that any continuation of such leave or suspension shall require approval of the authority after every three months:

[Provided further that where the authority is President [or Prime Minister] the powers of the authority under this clause shall be executed by the Secretary, Establishment Division].

(ii) The authorised officer shall decide whether in the light of facts of the case or the interest of justice an inquiry should be conducted through an Inquiry Committee. If he so decides, the procedure indicated in Rule 6 shall apply.

(iii) If the authorised officer decides that it is not necessary to have an inquiry conducted through an Inquiry Committee, he shall:-

(a) by order in writing in form the accused of the action proposed to be taken in regard to him and the grounds of the action; and

(b) given him a reasonable opportunity of showing cause against that action:

Provided that no such opportunity shall be given where the authority is satisfied that in the interest of the security of Pakistan or any party thereof it is not expedient to give such opportunity.

(iv) On receipt of the report of the Inquiry Officer or Inquiry Committee or, where no such Officer or Committee is appointed, on receipt of the explanation of the accused, if any, the authorised officer shall determine whether the charge has been proved, if it is proposed to impose a minor penalty he shall pass orders accordingly. If it is proposed to impose a major penalty he shall forward the case to the authority along with the charge and statement of allegations served on the accused, the explanation of the accused, the findings of the Inquiry Officer or Inquiry Committee, if appointed, and his own recommendations regarding the penalty to be imposed. The authority shall pass such orders as it may deem proper.]

[(2) The exercise of powers under clauses (i) and (iv) of sub-rule (1) by the authorised officers in the Pakistan Mission Abroad shall, unless already so provided, always be subject to the approval of the authority.]

Model of Show-Cause Notice

No.

Date

Subject: Show-cause Notice

Whereas the undersigned, as Authorised Officer, in your case has been directed by the Authority to proceed against you under the Government Servants (E & D) Rules, 1973 on the following allegations:--

(i)

(ii)

(iii)

as further detailed in the enclosed statement of allegations.

And whereas the undersigned has decided that it is not necessary to have an inquiry conducted in proof thereof and whereas it is proposed to proceed against you under the Government Servants (E & D) Rules, 1973.

Now, therefore, you are hereby called upon to show-cause in writing within .......... days of the receipt of this communication as to why one or more of the penalties as prescribed in Rule 4 of the Government Servants (E & D) Rules, 1973, should not be imposed on you.

Your explanation (in duplicate) should reach the undersigned within the said period, failing which it shall be presumed that you have no defence to offer and do not wish to be heard in person.

In case you may desire to consult any record on which the aforesaid charges are base or is relevant to the aforesaid charges you may do so with prior arrangement with the undersigned within 7 days of the receipt of this Notice/Charge-Sheet.

Authorised Officer.

Model Draft of Notice of personal hearing under the Government

Servants (Efficiency & Discipline)

Rules, 1973 MEMO

..................

(give here full name, designation and address of the accused civil servant).

Subject: Personal hearing under the Government Servants (Efficiency and Discipline) Rules, 1973.

On consideration of the written defence offered in your letter dated ................ to show-cause against the action proposed to be taken in regard to you as spelt out in memo. No ................................... (give here the No. and date of the show-cause notice) and of recommendation submitted by the Authorised Officer of the Government Servants (Efficiency and Discipline) Rules, 1973 (copy enclosed). It is proposed to impose one of the major penalties on you. You are hereby offered an opportunity of personal hearing before ......................... of the Authority, if personal hearing (give here the name and full designation .................... is to be given by him or of the officer senior in rank to the accused designated for the purpose).

For this purpose, you are hereby advised in your own interest, to appear before the aforesaid officer on ............................ (give here the date, time and place of personal hearing to offer your additional defence, if any, during the said personal hearing).

Model Draft of Notice of personal hearing under the Government

Servants (Efficiency & Discipline) Rules, 1973

MEMO

...........................

(give here full name, designation and address of the accused civil servant).

Subject: Personal hearing under the Government Servants (Efficiency and Discipline) Rules, 1973.

On consideration of the report of the Enquiry Officer/Enquiry Committee, the Authorised Officer .............................. has (give here the full designation) determined that the following charges stand proved against you;

(1) ..........................

(2) ..........................

(3) ..........................

(give here the brief description of the charges proved).

A copy of the report of Enquiry Officer/Enquiry Committee is enclosed. It is proposed to impose on you one of the major penalties.

You are hereby offered the opportunity of personal hearing before

(give here the name and full designation of the Authority if the personal hearing is to be given by him or of the officer senior in rank to the accused as may be designated for the purpose).

For this purpose, you are hereby advised, in your own interest to appear before the aforesaid officer on

(give here the date, time and place of personal hearing to offer your additional) defence, if any, during the said personal hearing.

Authorised Officer. ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ

6. Procedure to be observed by the Inquiry Officer and Inquiry Committee.--Where an Inquiry Committee is appointed, the authorised officer shall--

(1) Frame a charge and communicate it to the accused together with statement of the allegations explaining the charge and of any other relevant circumstances which are proposed to be taken into consideration.

(2) Require the accused within a reasonable time, which shall not be less than seven days or more than fourteen days from the day the charge has been communicated to him, to put in a written defence and to state at the same time whether he desires to be heard in person.

(3) The Inquiry Officer or the Committee, as the case may be shall inquire into the charge and may examine such oral documentary evidence in support of the charge or in defence of the accused as may be considered necessary and the accused shall be entitled to cross-examine the witness against him.

(4) The Inquiry Officer or the Committee, as the case may be, shall hear the case from day-to-day and no adjournment shall be given except for reasons to be recorded in writing. However, every adjournment with reasons therefor, shall be reported forthwith to the authorised officer. Normally no adjournment shall be for more than a week.

(5) Where the Inquiry Officer or the Committee, as the case may be, is satisfied that the accused is hampering, or attempting to hamper, the progress of the inquiry he or it shall administer a warning, and if thereafter he or it is satisfied that the accused is acting in disregard of the warning, he or it shall record a finding to that effect and proceed to complete the inquiry in such manner as he or it thinks best suited to do substantial justice.

(6) The Inquiry Officer or the Committee, as the case may be, shall within ten days of the conclusion of the proceedings or such longer period as may be allowed by the authorised officer, submit his or its findings and the ground thereof to the authorised officer.

[6-A Revision.--(1) Subject to sub-rule (2), the authority may call for the record of any case pending before, or disposed of by the authorised officer and pass such order in relation thereto as it may deem fit;

(2) No order under sub-rule (1) shall be passed in respect of an accused unless the authorized officer to be designated by the authority has informed him in writing of the grounds on which it is proposed to make the order and has been given an opportunity of showing cause against it, including an opportunity of personal hearing if requested by the accused or is otherwise necessary in the interest of justice, in particular, when the authority contemplates to pass an order adverse to the interest of the accused:

Provided that no such opportunity shall be given where the authority, for reasons to be recorded in writing, is satisfied that, in the interest of security of Pakistan or any part thereof, it is not expedient to give such an opportunity.]

7. Powers of Inquiry Officer and Inquiry Committee.--(1) For the purpose of an inquiry under these rules, the Inquiry Officer and Inquiry Committee shall have the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (Act, V of 1908), in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(d) issuing commissions for the examination of witnesses or documents.

(2) The proceedings under these rules shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Pakistan Penal Code (Act, XLV of 1860).

8. Rule 5 not to apply in certain cases.--Nothing in Rule 5 shall apply to a case:--

(a) where the accused is dismissed or removed from service or reduced in rank, on the ground of conduct which has led to a sentence of fine or of imprisonment; or

(b) where the authority competent to dismiss or remove a person from service, or to reduce a person in rank, is satisfied that, for reasons to be recorded in writing by that authority, it is not reasonably practicable to give the accused an opportunity of showing cause.

[8-A. Action in respect of Government servant required to proceed on leave.--If a Government servant proceeding on leave in pursuance of an order under sub-rule (i) or Rule 5 is not dismissed, removed from service, reduced in rank or compulsory retired, he shall be required to rejoin duty and the period of such leave shall be treated as duty on full pay].

[9. Procedure of inquiry against Government Servants serving in Provincial Governments or working on deputation outside their department or service to which they belong.--When a Government Servant, to whom these rules apply, is serving under a Provincial Government or in a department, outside the department or service to which he belongs, or in a statutory organization, corporate body, or local authority, and the borrowing authority wants to initiate disciplinary proceedings against such Government servant under these rules, the borrowing authority shall forward to the concerned lending authority a report with supporting documents on the basis of which disciplinary proceedings are proposed, and if considered necessary, it may with the approval of the lending authority place him under suspension or send him on force leave. On receipt of report from the borrowing authority, the lending authority shall take action as prescribed by the these rules.]

10. Appeal.--A person on whom a penalty is imposed shall have such right of appeal as may be prescribed under.

Provided that, where the penalty is imposed by order of the President, there shall be no appeal but the person concerned may apply of review of the order.

[10-A. Appearance of Counsel.--No party to any proceedings under these rules before the authority, the authorised officer, an Inquiry Officer or an Inquiry Committee shall be represented by an Advocate].

11. Repeal.--The Government Servants (Efficiency & Discipline) Rules, 1960 in their application to the Government servants to whom these rules apply [and the Civilian Employees in Defence Service (Classification, Control and Appeal) Rules, 1961] are hereby repealed, but the repeal thereof shall not affect any action taken or anything done or suffered thereunder.

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THE

GOVERNMENT SERVANTS (CONDUCT) RULES, 1964

[1st May, 1964]

S.R.O. 405(K)/64, dated 1st May, 1964.--In exercise of the powers conferred by paragraph (a) of clause (2) of Article 178 and clause (1) of Article 197 of the Constitution and of all powers enabling him in that behalf, the President is pleased to make the following rules namely:--

1. Short title and commencement.--(1) These rules may be called the Government Servants (Conduct) Rules, 1964.

(2) They shall come into force at once.

2. Extent of application.--These rules apply to every person whether on duty or on leave, within or without Pakistan, serving in a civil capacity in connection with the affairs of the Centre and to the members of an All Pakistan Service during their employment under the Provincial Governments or while on deputation with any other Government agency, institution or authority:

Provided that, the Federal Government may, by a notification in the official Gazette, exempt any class of Government servants from the operation of all or any of these rules.

3. Definitions.--(1) In these rules, unless there is anything repugnant in the subject or context,--

(a) "Government" means the Federal Government and in respect of officers of an All Pakistan Service serving in a Province, the Provincial Government;

(b) "Government servant" means a person to whom these rules apply; and

(i) his wife, child or step-child, whether residing with the Government servant or not; and

(ii) any other relative of the Government servant or his wife, when residing with and wholly dependent upon the Government servant but does not include a wife legally separated from the Government servant, or a child or step-child who is no longer in any way dependent upon him, or of whose custody the Government servant has been deprived by law.

(2) Reference to a wife in clause (c) of sub-rule (1) shall be construed as references to a husband where the Government servant is a woman.

4. Repeal of previous Conduct Rules.--The Government servants conduct Rules made under Section 96-B of the Government of India Act, 1919, and the Secretary of State's Services (Conduct) Rules, 1942 made under Sections 247(1), 250 and 269 of the Government of India Act, 1935, insofar as they applied to the persons to whom these rules apply, are hereby repealed, but such repeal shall not affect anything duly done or suffered those rules, under those rules.

5. Gifts.--[(1) Save as otherwise provided in this rule, no Government servant shall, except with the previous sanction of the Government, accept, or permit any member of his family to accept, from any person any gift the receipt of which will place him under any form of official obligation to the donor, If, however, due to very exceptional reasons a gift cannot be refused, the same may, under intimation to the Cabinet Division be kept for official use in the Department or Organisation in which he is working.]

(2) If any question arises whether receipt of a gift places a Government servant under any form of official obligation to the donor the decision of the Government thereon shall be final.

(3) If any gift is offered by the head of representative of a foreign State, the Government servant concerned should attempt to avoid acceptance of such a gift, if he can do so without giving offence. If, however, he cannot do so, he shall accept gift and shall report its receipt to the Cabinet Division for orders as to its disposal.

[(4) Government servants are prohibited from receiving gift of any kind for their person or for members of their families from diplomats, consular and other foreign Government representatives or their employees who are stationed in Pakistan. If, however, due to very exceptional reasons, a gift cannot be refused, it should invariably be deposited in the Toshakhana.

(5) Government servants, except those belonging to Grades 1 to 4, are prohibited from accepting cash rewards offered by the visiting foreign dignitaries. In case, however, it becomes impossible to refuse without causing offence to the visiting dignitary, the amount may be accepted and immediately deposited in the treasury under the proper head of account.

(6) The responsibility for reporting the receipt of a gift shall devolve on the individual recipient. All gifts received by a Government servant, irrespective of their prices, must be reported to the Toshakhana in the Cabinet Division. However, the responsibility for reporting to the Cabinet Division at receipt of gifts, including the names of recipients, from foreign dignitaries or delegations who come to Pakistan or when Pakistan dignitaries or delegations go abroad, shall lie with the Chief of Protocol or his representative in the former case, and with the Ambassador concerned in the latter case. In the case of foreign delegations or visiting dignitaries with whom the Chief of Protocol is not associated, the Ministry sponsoring the visit shall be responsible to supply the details of gifts, if received, and the list of recipients to the Cabinet Division and the Ministry of Foreign Affairs.

(7) The value of gifts shall be assessed by the Cabinet Division and the monetary limits up to which and the condition subject to which, the gifts may be allowed to be retained by the recipient shall be as follows:--

(a) gifts valued up to Rs. 1,000 may be allowed to be retained by the recipient;

(b) gifts valued between Rs. 1,000 and Rs. 5,000 may be allowed to be retained by a recipient on his paying 25% of the value of the gift in excess of

Rs. 1,000; and

(c) gifts of value exceeding Rs. 5,000 may be allowed to be retained by a recipient on his paying 25% of so much of the value as exceeds Rs. 1,000 but does not exceed Rs. 5,000 and 15% of so much of the value as exceeds

Rs. 5,000.]

[Rules for acceptance and disposal of gifts by Government Servants.

In supersession of this Division's O.M. No. 8/19/77-TK, dated the 10th March, 2000 and all other instructions issued on the subject from time to time, the undersigned is directed to state that the Government of Pakistan has made the following rules for acceptance and disposal of gifts received by Government servants:--

(1) The responsibility for reporting the receipt of the gifts shall devolve on the individual recipient. All gifts received by a Government servant, irrespective of their prices, must be reported to the Toshakhana in the Cabinet Division, Government of Pakistan. If it is found on checking that individual has not reported the receipt of a gift, appropriate action will be taken against him under the relevant rules.

(2) If the Chief of Protocol, Ministry of Foreign Affairs, or his representative has been attached to a visiting dignitary or a foreign delegation, it shall be his responsibility to supply a list of the gifts received, together with the names of the recipients, to the Cabinet Division. In the case of other delegations or visiting dignitaries with whom the Chief Protocol or his representative is not associated, the Ministry sponsoring the visit shall be responsible to supply the details of gifts received and the list of recipients to the Cabinet Division. In the case of outgoing delegations or visits abroad of our dignitaries, it shall be the responsibility of the Ambassador of Pakistan in the country concerned to report the receipt of gifts, together with the names of the recipient, to the Cabinet Division through the Ministry of Foreign Affairs.

(3) Government officials, except those in BPS-1 to BPS-4, are prohibited from receiving cash awards offered by the visiting foreign dignitaries. Such gifts may be politely refused. In case, however, it becomes impossible to refuse without causing offence to the visiting dignitary, the amount shall be immediately deposited in the Government Treasury.

(4) Government servants, except the President and the Head of the Government, are prohibited from receiving gifts of any kind for their persons or for members of their families from diplomatic, consular and other foreign government representatives who are stationed in Pakistan or from public organization or private individual and firm within country. However, if due to very exceptional reasons the gift cannot be declined, it shall invariably be deposited in the Toshakhana. These instructions do not apply to the gifts-and donations made to institutions.

(5) The Cabinet Division shall get the value of the gifts assessed.

(6) The monetary limits upto which the gifts can be retained by the recipients are as follows:-

(i) Gifts upto value of Rs. 10,000/- [Rupees ten thousand only] may be retained free of cost by the recipient. In the case of low paid Government employees (BPS-1 - BPS-10), the gift may be retained by the recipient irrespective of the value assessed and subject to the provisions of these rules;

(ii) Gifts valued up Rs. 10,000/- may be allowed to be retained by a recipient on payment 15% of the value exceeding Rs. 10,000/-;

(iii) Gifts valued at Rs. 400,000/- or more shall not be retained by the recipients. Such gifts shall be treated as State property for disposal in accordance with these rules.

(7) The Head of Account of Toshakhana in which the amounts, are to be deposited is "130000-others (NGS)/ Misc. Receipt of Darbar Presents (Central)".

(8) Gifts deposited in the Toshakhana which are fit for display, shall be properly catalogued and then displayed in the public rooms of the Foreign Offices and in the residences of the Head of the State, the Head of the Government and the Governors. Such articles shall be properly entered in the Toshakhana register and in the stock registers of the respective offices. An annual verification shall be carried out in respect of such articles by an authorized officer of the Cabinet Division.

(9) Gifts which are not fit to be retained or displayed shall be disposed of by periodical sales to be arranged by the Cabinet Division, Government of Pakistan. These sales shall be held once or twice a year. The list of gifts to be sold shall be circulated, to all Federal Government officers and officers of the Armed Forces.

(10) Antiques items and cars, shall not be allowed to be purchased by the recipient. Antiques shall be placed in museums or displayed in official buildings owned by the Government. Cars, shall be given to the Central Pool of Cars of the Cabinet Division.

(11) Gifts given to the President, the Head of the Government and the Governors will not be sold. Those gifts shall be placed in the museums of public building.

(12) The Ministry of Foreign Affairs shall standardize gifts to be presented at various levels to foreign delegations and dignitaries. These standardized gifts can be used by other Ministries also.

(13) These rules shall also apply to the President, Head of the Government, members of the Federal Cabinet, dignitaries holding ministerial status, Governors of Provinces, members of Provincial Cabinets and all the employees of the Government controlled corporations, autonomous and semi-autonomous bodies.]

6. Acceptance of foreign awards.--No Government servant shall, except with the approval of the President, accept a foreign award, title or decoration.

Explanation.--For the purposes of this rule, the expression "approval of the President" means prior approval in ordinary cases and ex post facto approval in special cases where sufficient time is not available for obtaining prior approval.

7. Public demonstrations in honour of Government servants.--(1) No Government servant shall encourage meetings to be held in his honour or presentation of addresses of which the main purposes is to praise him.

(2) Notwithstanding anything contained in sub-rule (1)--

(a) a Government servant may, with the previous permission of his next higher officer, take part in the raising of funds to be expended for any public or charitable purpose;

(b) a Government servant may take part, with the previous sanction of the Government, in the raising of funds to be expended for any public or charitable object connected with the name of any other Government servant or a person who has recently quitted the service of the Government; and

(c) the Head of a Pakistan Mission abroad, while so posted, may attend a public meeting or entertainment held in his honour.

(3) When a Government takes part in the raising of funds in accordance with the provisions of clauses (a) and (b) of sub-rule (2), he shall be required to keep regular accounts and submit them to his next higher officer for scrutiny.

(4) Clauses (a) and (b) of sub-rule (2) shall not apply to officers of the Police Service of Pakistan and the Pakistan Taxation Service.

8. Gift to medical officers.--Subject to the departmental rules governing the question, a medical officer may accept any gift of moderate value offered in good faith by any person or body of persons in recognition of his professional services.

9. Subscriptions.--Subject to rule 7, no Government servant shall except with the previous sanction of the Government, ask for or accept or in any way participate in raising of any subscription or other pecuniary assistance in pursuance of any object whatsoever.

10. Lending and borrowing.--(1) No government servant shall lend money to, or borrow money from, or place himself under any pecuniary obligation to, any person within the local limits of his authority or any person with whom he has any official dealings:

Provided that, the above rule shall not apply to dealings in the ordinary course of business with a joint stock company, bank or a firm of standing.

(2) When a Government servant is appointed or transferred to a post of such a nature that a person from whom he has borrowed money or to whom he has otherwise placed himself under a pecuniary obligation will be subject to his official authority, or will reside, possess immovable property, or carry on business within the local limits of such authority, he shall forthwith declare the circumstances to the Government through the usual channel.

(3) Non-gazetted Government servants shall make the declaration referred to in sub-rule (2) to the head of their office.

(4) This rule, insofar as it may be construed to relate to loans given to or taken from cooperative societies registered under the Cooperative Societies Act, 1912 (II of 1912), or under any law for the time being in force relating to the registration of Cooperative Societies, by the Government servants, shall be subject to any general or special restrictions or relaxations made or permitted by the Government.

[11. Buying and selling of Movable and Immovable Property. x x x x x

11-A. Construction of building, etc.]

12. Declaration of property.--(1) Every Government servant shall, at the time of entering Government Service, make a declaration to the Government, through the usual channel, of all immovable and movable properties including shares certificates, securities, insurance policies and jewellery having a total value of [Rs. 50,000 (fifty thousand rupees)] or more belonging to or held by him or a member of his family and such declaration shall--

(a) state the district within which the property is situated,

(b) show separately individual items of jewellery exceeding [Rs. 50,000 (fifty thousand rupees)] in value, and

[(2) Every Government servant shall submit to the Government through the usual channel an annual declaration of income, assets and expenses for the financial year, ending on 30th June, showing any increase or decrease of property as shwon in the declaration under sub-rule (1) or the last annual return as the case may be.]

[(3) Declaration of Assets Proforma shall be opened in the concerned section each year and entered into the relevant database.]

13. Disclosure of assets, immovable, movable and liquid.--A Government servant shall, as and when he is so required by Government by a general or special

order, furnished information as to his assets disclosing liquid assets and all other properties, immovable and movable, including shares, certificates, insurance policies, jewellery [and expenses during any period specified by such order in the form specified therein.]

14. Speculation and investment. (1) No Government servant shall speculate in investments. For the purpose of this sub-rule, the habitual purchase and sale of securities of notoriously fluctuating value shall be deemed to be speculation in investments.

(2) No Government servant shall make, or permit any member of his family to make, any investment likely to embarrass or influence him in the discharge of his official duties.

(3) No Government servant shall make any investment the value of which is likely to be affected by some event of which information is available to him as a Government servant and is not equally available to the general public.

(4) If any question arises whether a security or an investment is of the nature referred to in any of the foregoing sub-rules, the decision of the Government thereon shall be final.

15. Promotion and management of companies, etc.--No Government servant shall, except in the previous sanction of the Government, take part in the promotion, registration of management of any bank or company:

Provided that, a Government servant may, subject to the provisions of any general or special order of the Government, take part in promotion, registration of management of a Cooperative Society registered under the Cooperative Societies Act, 1912 (II of 1912), or under any similar law.

16. Private trade, employment or work. (1) No Government servant shall, except with the previous sanction of the Government, engage in any trade or undertake any employment or work, other than his official duties:

Provided that, he may, without such sanction, undertake honorary work of a religious, social or charitable nature or occasional work of a literary or artistic character, subject to the conditions that his official duties do not thereby suffer and that the occupation or undertaking does not conflict or is not inconsistent with his position or obligations as a Government servant but he shall not undertake or shall discontinue such work if so directed by the Government. A Government servant who has any doubt about the propriety undertaking any particular work should refer the matter for the orders of the Government:

Provided further that, a non-Gazetted Government servant, may, without such sanction, undertake a small enterprise which absorbs family labour and where he does so shall file details of the enterprise along with the declaration of assets.

(2) Notwithstanding anything contained in sub-rule (1), no Government servant shall associate himself with any private trust, foundation or similar other institution which is not sponsored by the Government.

(3) This rule does not apply to sports activities and membership of recreation clubs.

[16-A. Subletting of residential accommodation allotted by Government.--No Government servant shall, except with the prior permission of the Head of the Department, sublet residential accommodation let to him by Government.

16-B. Government servant not to live beyond his means, etc.--No Government servant shall live beyond his means or indulged in ostentation on occasions of marriage or other ceremonies.]

17. Insolvency and habitual indebtedness.--A Government servant shall avoid habitual indebtedness. If a Government servant is adjudged or declared insolvent or if the whole of that portion of his salary which is liable to attachment is frequently attached for debt, has been continuously so attached for a period of two years, or is attached for a sum which, in ordinary circumstances, he cannot repay within a period of two years, he shall be presumed to have contravened this rule unless he proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence, he could not have foreseen or over which he had no control and has not proceeded from extravagant or dissipated habits. A Government servant who applies to be or is adjudged or declared insolvent shall forthwith report his insolvency to the Head of the Office or Department or to the Secretary of the Ministry, as the case may be, in which he is employed.

[17-A. Intimation of involvement and conviction in a criminal case.--If a Government servant is involved as an accused in a criminal case, he shall bring the fact of such involvement or conviction, as the case may be, to the notice of the Head of the Office or Department immediately or, if he is arrested and released on bail, soon after such release.]

18. Unauthorised communication of official documents or information.--No Government servant shall, except in accordance with any special or general order of the Government, communicate directly or indirectly any official document or information to a Government servant unauthorised to receive it, or to a non-official person, or to the press.

19. Approach to members of the Assemblies.--No Government servant shall, directly or indirectly approach any member of the National Assembly or a Provincial Assembly or any other non-official person to intervene on his behalf in any matter.

20. Management, etc., of newspapers or periodicals.--No Government servant shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate in the editing or management of, any newspaper or other periodical publication.

21. Radio broadcasts or television programmes and communications to the press.--No Government servant shall, except with the previous sanction of the Government or any other authority empowered by it in his behalf, or in the bona fide discharge of his duties, participate in a radio broadcast or television programme or contribute any article or write any letter, either anonymously or in his own name or in the name of any other person to any newspaper or periodical:

Provided that, such sanction shall generally be granted if such broadcast or television programme or such contribution or letter is not, or may not be considered likely to jeopardise the integrity of the Government servant, the security of Pakistan or friendly relations with foreign States, or to offend public order, decency or morality, or to amount to contempt of Court, defamation or incitement to an offence:

Provided further that, no such sanction shall be required if such broadcast or television programme or such contribution or letter is of a purely literary, artistic or scientific character.

22. Publication of information and public speeches capable of embarrassing the Government.--No Government servant shall, in any document published, or in any communication made to the press, over his own name, or in any public utterance of television programme or in any radio broadcast delivered by him, make any statement of fact or opinion which is capable of embarrassing the Government:

Provided that, technical staff (both gazetted and non-gazetted) may publish research papers on technical subjects, if such papers do not express views on political issues or on Government policy and do not include any information of a classified nature.

[22-A. Where a Government servant submits the draft of a literary, artistic or scientific article or book for obtaining previous sanction for its publication, he shall be informed within three months of his doing so whether he has or has not such sanction; and, if no communication is issued to him within that period, he shall be entitled to presume that the sanction asked for has been granted.]

23. Evidence before committees.--(1) No Government servant shall, give evidence before a public committee except with the previous sanction of the Government.

(2) No Government servant giving such evidence shall criticise the policy or decisions of the Federal or Provincial Government.

(3) This rule shall not apply to evidence given before statutory committees which have power to compel attendance and the giving of answers, nor to evidence given in judicial inquiries.

24. Taking part in politics and elections.--(1) No Government servant shall take part in, subscribe in aid of or assist in any political movement in Pakistan or relating to the affairs of Pakistan.

(2) No Government servant shall, permit any person dependent on him for maintenance or under his care or control to take part in, or in any way assist, any movement or activity which is, or tends directly or indirectly to be, subversive of Government as by law established in Pakistan.

(3) No Government servant shall, canvass or otherwise interfere or use his influence in connection with or take part in any election to a legislative body, whether in Pakistan or elsewhere:

Provided that a Government servant who is qualified to vote at such election may exercise his right to vote; but he does so, he shall give no indication of the manner in which he proposes to vote or has voted.

[(4) No Government servant shall, allow any member of his family dependent on him to indulge in any political activity, including forming a political association and being its member, or to act in a manner in which he himself is not permitted by sub-rule (3) to act.]

(5) A Government servant who issues an address to electors or in any other manner publicly announces himself or allows himself to be publicly announced as a candidate or prospective candidate for election to a legislative body shall be deemed for the purpose of sub-rule (3) to take part in an election to such body.

(6) The provisions of sub-rules (3) and (5) shall, so far as may be, apply to election to local authorities or bodies, save in respect of Government servants required or permitted by or under any law, or order of the Government, for the time being in force, to be candidates as such elections.

(7) If any question arises whether any movement or activity falls within the scope of this rule, the decision of the Government thereon shall be final.

25. Propagation of sectarian creeds, etc.--No Government servant shall, propagate such sectarian creeds or take part in such sectarian controversies or indulge in such sectarian partiality and favouritism as are likely to affect his integrity in the discharge of his duties or to embarrass the administration or create feelings of discontent or displeasure among the Government servant in particular and amongst the people in general.

[25-A. Government servant not to express views against ideology of Pakistan.--No Government servant shall, express views detrimental to the ideology or integrity of Pakistan.]

[25-B. Government servant not to take part in or assist any public demonstration against Government decisions, etc.--No Government servant shall take part in, or in any manner assist any public demonstration directed against a Government decision or policy or permit any member of his family dependent on him to do so.

26. Nepotism, favouritism and victimisation, etc.--No Government servant shall indulge in provincialism, parochialism, favouritism, victimization and wilful abuse of office.

27. Vindication by Government servants of their public acts or character.--A Government servant may not, without the previous sanction of the Government, have recourse to any Court or to the Press for the vindication of his public acts or character from defamatory attack. In granting sanction, the Government will ordinarily bear the cost of the proceedings and in other cases leave the Government servant to institute them at his own expense. In the latter case, if he obtains a decision in his favour, the Government may reimburse him to the extent of the whole or any part of the cost.

Nothing in this rule limits or otherwise effects the right of a Government servant to vindicate his private act or character.

28. Membership of service associations.--No Government servant shall be a member, representative or officer of any association representing or purporting to represent Government servants or any class of Government servants, unless such association satisfies the following conditions, namely:-

(a) Membership of the association and its office-bearers shall be confined to a distinct class of Government servants and shall be open to all Government servants of that class.

(b) The association shall not be in any way connected with, or affiliated to, any association which does not, or any federation of association which do not, satisfy condition (a).

(c) The association shall not be in any way connected with any political party or organisation or engage in any political activity.

(d) The association shall not:-

(i) issue or maintain any periodical publication except in accordance with any general or special order of the Government;

(ii) except with the previous sanction of the Government, publish any representation on behalf of its members, whether in the Press or otherwise.

(e) The Association shall not, in respect of any election to a legislative body, or to a local authority or body, whether in Pakistan or elsewhere:-

(i) pay, or contribute towards, any expenses incurred in connection with his candidature by candidate for such election;

(ii) by any means support the candidature of any person for such election; or

(iii) undertake or assist in the registration of electors of the selection of a candidate for such election.

(f) The association shall not:-

(i) maintain or contribute towards the maintenance of any member of a legislative body, or of any member of a local authority or body, whether in Pakistan or elsewhere;

(ii) pay, or contribute towards the expenses of any trade union which has constituted a fund under Section 16 of the Trade Union Act, 1926 (XVI of 1926).

[28-A. Membership of non-political association.--No Government servant shall accept membership of any non-political association or organisation whose aims and objects, nature of activities and membership are not publicly know.]

29. Use of political or other influence.--No Government servant shall bring or attempt to bring political or other outside influence, directly or indirectly, to bear on the Government or any Government servant in support of any claim arising in connection with his employment as such.

30. Approaching Foreign Mission and Aid-giving Agencies.--No Government servant shall approach, directly or indirectly, a Foreign Mission in Pakistan or any foreign aid-giving agency to secure for himself invitations to visit a foreign country or to elicit offers of training facilities abroad.

31. Delegation of power. The Government may, by general or special order, delegate to any officer or authority subordinate to it, all or any of its powers under these rules and may, by such order, prescribe the channel through which reports shall be made to the Government and the officers, receipt by whom of such reports shall be regarded as receipt of the reports by the Government within the meaning of these rules.

32. Rules not to be in derogation of any law, etc.--Nothing in these rules shall derogate from the provisions of any law, or of any order of any competent authority, for the time being in force, relating to the conduct of Government servants.

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