RULE

BALUCHISTAN LAND REFORMS RULES, 1977 BALUCHISTAN LAND REFORMS RULES, 1977 [Gazette of Baluchistan, Extraordinary, 4th April 1977] No. 2468‑2527/GLR‑10.‑In exercise of the powers conferred on it by section 21 of the Land Reforms Act, 1977, the Baluchistan Land Commission, with the prior approval of the Government of Baluchistan, is pleased to make the following Rules for carrying out the purposes of the Act:‑ CHAPTER I.‑PRELIMINARY 1. Short title, extent and commencement.‑(I) These rules may be called the Baluchistan Land Reforms Rules, 1977. (2) They extend to the whole of Baluchistan Province. (3) They shall come into force at once. 2. Definitions.‑(1) In these rules unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say :‑ (a) "Act" means the Land Reforms Act, 1977 including all amendments made in this Act from time to time. (b) "Commission" means the Baluchistan Land Commission as consti tuted under the Land Reforms Regulation, 1972. (c) "Officer" means an Officer appointed by or under the authority of the Commission and includes a Chief Land Commissioner, a Land Commissioner, a Deputy Land Commissioner, or an Assistant Land Commis sioner so appointed. (2) Any expression not defined in these rules and defined in the Act shall have the meaning assigned to it in the Act. 3. Powers of the Chief Land Commissioner.---‑(1) Subject to the general superintendence and Control of the Commission the Chief Land Commissioner may make such general or special orders, not inconsistent with the provisions of the Act and these rules, as he may consider necessary or expedient for giving effect to the purposes of the Act and for the proper discharge of his functions as such. (2) Subject to the Provisions of the Act and these rules, the general superintendence, control and direction of all officers and staff appointed for, or entrusted with the duty of, implementing the provisions of the Act shall vest in the Chief Land Commissioner. (3) The Chief Land Commissioner may, by special or general order, provide for the distribution and allocation of work to be done and functions to be performed by all or any such officers and staff: 4. Powers to transfer case:.‑(1) The Chief Land Commissioner may at any stage, for reasons to be recorded in writing, transfer any case pending before a Land Commissioner, a Deputy Land Commissioner, or an Assistant Land Commissioner, as the case may be, to himself or any officer subordinate to him, and the officer to whom the case is so transferred may, subject to any special directions contained in the transfer order, proceed with it from the stage at which it was transferred to him. (2) A Land Commissioner, specially empowered by the Chief Land Commissioner in this behalf, may, for reasons to be recorded in writing and subject to any order under sub‑rule (1) transfer any case pending before a Deputy Land Commissioner or an Assistant Lend commissioner as the case may be, to himself or any other officer subordinate to him and the officer to whom any such case is so transferred may, subject to any special direction contained in the transfer order, proceed with it from the stage at which the case was transferred to him. 5. The Inquiry in cases.‑‑(1) Chief Land Commissioner, a Land Com missioner or a Deputy Land Commissioner, may refer any matter which he is empowered or is required to dispose of under the provisions of the Act to any authority subordinate to him or to any other person for inquiry and report. (2) When any matter mentioned in sub‑rule (1) is referred by any superior Land Commission authority to a subordinate authority, or to any other person the latter shall have the power to summon persons as witnesses and to receive relevant oral and documentary evidence as the case may be. 6. Powers of the Land Commission Officers and other persons as a civil Court.‑‑0) Every Officer Appointed under the Act shah, far the purpose of snaking an inquiry or hearing an appeal, revision or review under these rules, have the sane powers as are vested in a civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely:‑ (a) summoning and enforcing the attendance of any person, other than a pardanashin lady, and examining him on oath or affirmation ; (b) requiring the discovery and production of any document or documents ; (c) requisitioning any public record from any Court or office ; (d) issuing commissions for the examination of witnesses ; (e) appointing of guardians ad litem or next friends of persons who are minors or of unsound mind ; (f) adding legal representatives of deceased applicants ; (g) consolidation of cases ; and (h) any other matter connected with the holding of an inquiry or hearing of an appeal, revision or review. (2) For the purposes of making enquiries under rule 5, any person other than an officer appointed under the Act, if such a person is a civil servant of the Government of the Province of Baluchistan, shall alms have the same powers as an Officer appointed under the Ac, as given in sub -rule (1). (3) Every Officer appointed under the Act shall by deemed to be a civil Court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898 and any proceeding before any such officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code and for the purposes of sections 196, 199 sad 200 thereof. 7. Officers appointed under these Rules to be Public Servants.‑Every Officer appointed under the Act and in accordance with these rules shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code. CHAPTER III‑PLEADINGS AND APPEARANCES 8. Verification of applications. ‑Every application or written statement filed by an applicant in say proceeding under the Act shall be drawn up and verified in the manner provided for the verification of applications or written statement in the Code of Civil Procedure, 1908 in respect of civil suits. 9. Person who may appear before the Land Commission Officers.‑ Appearance before an Officer of the Commission and all applications in that behalf may be made or done by‑. (a) the applicant himself ; or (b) his representative or agent, duly authorised by him in writing in that behalf ; or (c) his counsel; Provided that the employment of duly authorised representative, recognized agent or counsel shall not excuse the personal attendance of an applicant, other than a pardanashin lady, in any proceeding in which his personal appearance is specially required by an order of the officer before whom any such application is pending. CHAPTER IV‑APPEAL, REVIVE AND REVISION 10. Form of appeal.‑(1) Every appeal shall be preferred in the form of a memorandum and shall be authenticated by the signature of the appellant or his duly authorised representative, agent or counsel. (2) The memorandum shall be accompanied by a certified copy of the order appealed against. (3) The memorandum shall set forth concisely and under distinct heads the grounds of objection to the order in respect of which an appeal is filed and shall not contain any arguments or narrative. All such grounds shall be numbered consecutively. 11. Forum of appeal.‑(1) Any person aggrieved by an order passed under the provisions of the Act may file an appeal to‑ (d) the Deputy Land Commissioner, when the order has been passed by an Assistant Land Commissioner, (b) the Land Commissioner, when the order has been passed by the Deputy Land Commissioner. (c) the Chief Land Commissioner when the order has been passed by the Land Commissioner: Provided that:‑--- (i) When any such order is modified or reversed on appeal by the Deputy Land Commissioner, the order made by the Land Commissioner on further appeal to him shall be final ; anal (ii) When an original order is confirmed on first appeal a further appeal shall not lie. (2) All appeals shall be presented within twenty days, inclusive of holidays, from the date of the order appealed against. 12. Review---‑(1) The Chief Land Commissioner, a Land Commissioner, a Deputy Land Commissioner, or an Assistant Land Commissioner may at any time of his own motion, or on an application of any party interested made to him in that behalf, within twenty days, inclusive of holidays, from the date of the order, review, and on so reviewing modify, reverse or confirm any order passed by himself or by any of his predecessors‑in‑office Provided that‑ (a) (i) a Land Commissioner shall not review an order passed by his predecessor‑in‑office without first obtaining the sanction of the Chief Land Commissioner ; (ii) a Deputy Land Commissioner shall not review any order whether passed by himself or by any of his predecessors‑in. office without first obtaining the sanction of the Land Commissioner of the area concerned. (iii) an Assistant Land Commissioner shall not review any order whether passed by himself or by any of his predecessors‑in‑office without first obtaining the sanction of the Deputy Land commissioner of the district ; sad (b) an order shall not be modified or reversed unless a reasonable notice has been given to the parties affected thereby to appear and be heard ; (c) an order against which an appeal or petition for revision has been preferred shall not be reviewed: Provided further that this sub‑rule shall not apply to an order passed by the competent authority reviewing its previous order consequent upon an amendment in the provisions of the Act. (2) An appeal shall not lie from an order refusing to review or confirming on review a previous order. (3) Clerical or arithmetical mistakes in any order passed by an officer in pursuance of the provision of the Act and these rules may, at any time, be corrected by such officer or his successor‑in‑office ay soon as any such error has come to or been brought to his notice. 13. Revision.‑(1) The Chief Land Commissioner, may at any time of his own motion, or on an application made to him in that behalf, within twenty days, inclusive of holidays, of the passing of any order, call for the record of any case or proceeding under the Act which is pending or it which a Lard Commissioner, a Deputy Land Commissioner or an Assistant Land Commissioner bas passed any order, for the purpose of satisfying himself about the correctness, legality or propriety of any such proceeding or order, and may pass such order in relation thereto as he thinks fit. (2) A Laud Commissioner specially empowered in this behalf by the Chief Land Commissioner may, either of leis own motion at any tine, or on an application made to him in that behalf within twenty days, inclusive of holidays, of the passing of an order, call for the record of any case or proceeding under the Act, in which a Deputy Laud Commissioner or an Assistant Land Commissioner under his jurisdiction, has passed an order, for the purpose of satisfying himself about the correctness, legality or propriety of such an order and may pans such order in relation thereto as he thinks fit. (3) The Chief Land Commissioner or a Land Commissioner, as the case may be, shall not pass any order under this rule revising or modifying an order affecting any person without affording such person an opportunity of being heard. 14. Exclusion of period spent in obtaining copies. In computing 60 period prescribed under sub‑rule (2) of rule 11 and sub‑rule (1) of rule 12 and sub‑rules (1) and (2) of rule 13 for the presentation of appeals and applica tions for review, or revision, the period duly spent in obtaining certified copies of the order against which appeal, review, or revision, as the case may be, is preferred, shall be excluded. 15. Finality of orders.‑Subject to the foregoing provisions of this Chapter any order made under the Act shall be final and shall not be questioned in any Court.