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