SCHEDULE

ACT III OF 1973 ACT III OF 1973 BALUCHISTAN (AMENDMENT OF LAWS) ACT, 1973 An Act to amend certain lows in the Province of Baluchistan [Gazette of Baluchistan, Extraordinary, 24th January 1973] No. Legis. 6-18/Law/72.----The Baluchistan (Amendment of Laws) Act, 1973, having been passed by the provincial Assembly of Baluchistan on the 10th January 1973 and assented to by the Governor of Baluchistan on the 19th January 1973 is hereby published as an Act of the Provincial Legislature of Baluchistan. SCHEDULE CENTRAL LAWS THE POLICE ACT (V OF 1861) (1) In section 15 (a) (iv) omit "the Commissioner of the Division or". (2) In section 33 (a), in subsection (3), for "Commissioner" substitute "Provincial Government"; and for "fifteen days" substitute "one month". THE CANAL AND DRAINAGE ACT (VIII OF 1873)- (1) In section 3, omit clause (v). (2) In section 19 and subsection (3) of section 35 substitute "Collector" for "Commissioner". (3) In section 27 substitute "Provincial Government" for "Com missioner". (4) Omit subsection (5) of section 35. THE PUNJAB LAND REVENUE ACT (XVII OF 1887)- (1) Omit clause (b) of subsection (1) of section 6, subsection (3) of section 11, clause (c) of section 13, clause (b) of section 14, and section 15. (2) In section 11 (4), clause (b) of section 13, proviso (it) of section 13. clause (id) of section 15 (I), section 16 (3), section 71 (3), sections 73 (3), 73 (4), 73(6), 73 (8), 75, 79 (1), 89, 91(1), 91(2), 92(1), 95 (2), and 101-A (2) substitute "Board of Revenue" for "Commissioner", wherever occurring. (3) In sections 50(2), 58, 59(1) and 77 (1) substitute "Collector" for "Commissioner". (4) In section 12, subsections (1) and (2) omit the words "or Com missioner". (5) In subsection (4) of section 16 omit the words "and the Commis sioner may, in any case, call for under subsection (2)"; and substitute the word "it" for the word "him". (6) In Proviso to section 16(4) omit the words "or the Commissioner". (7) In subsection (2) of section 53 omit the words "Commissioner or". (8) In subsection (1) of section 53 omit the words "The Commis sioner or". (9) In subsection (1) of section 73 substitute the words "Collector may, with the previous sanction of the Board of Revenue", for the words "Commissioner may". THE LAND ACQUISITION ACT (I OF 1894)- (1) In suction 5 omit the words "land is to be acquired for public purpose, if the Commissioner and where land is to be acquired for Company". (2) In sections 5-A, 6(3), 7, 17(4), 31(3), 35(I), 36(2), 38(1), 39, 40, 41, 49(2) and 49(3), for "Commissioner" substitute "Provincial Government". (3) In subsection (1) of section 6. for the words "the Commissioner" substitute "the Provincial Government". (4) In section 17 :-- (a) it subsection (1), omit the words "whenever the Commissioner so directs"; (b) substitute Proviso to subsection (1) with the following :- "Provided that the Collector shall not take possession unless the Department of a Government, the Local Authority, or Company, as the case may be, far which the land is being acquired eras first deposited the estimated cost of requisitions of such land as determined by him, keeping hi view the provisions of sections 23 and 24"; (c) In subsection (2) omit "for the Commissioner" and further omit "aid with previous sanction of the Commissioner", (d) in subsection (4) substitute "it" for "he". (5) In section 41, for "he" substitute "It". (6) In section 49, in subsection (2) for "he" substitute "it". " THE SIND INCUMBERED ESTATES ACT (XX OF 1896)--- (1) Throughout the Act, except as otherwise provided hereunder, fog the words "Revenue Commissioner" substitute "Collector". (2) In section 31- (a) in subsection (1), for "Revenue Commissioner" substitute "Board of Revenue"; (b) omit subsection (2). (3) In section 33, in subsection (1) for "Revenue Commissioner". substitute "Board of Revenue". THE GENERAL CLAUSES ACT (X OF 1897)- (1) In section 3, omit clause (13). N.-W. F. P. ACT THE SUGAR FACTORIES ACT (XXII OF 1950)--- (1) In sections 10 and 14 substitute "Provincial Government" for the words "Commissioner of the Division". PUNJAB LAWS THE PUNJAB LAND PRESERVATION ACT (II OF 1900)- In section 7(2) substitute "the Board of Revenue" for "Commissioner". THE PUNJAB MINOR CANALS ACT (III OF 1905)--- (1) Omit clause (iv) of section 3. (2) In clause (al of subsection (2) of section 43, for the words "Punjab Tenancy Act, 1887" substitute the words "West Pakistan Land Revenue Act, 1967 or any other such law for the time being In force;'. (3) In clause (b) of subsection (2) of section 43, substitute "Board of Revenue" for the word "Commissioner" wherever occurring. (4) In subsection (2) of section 55 substitute "District Judge" and "High ,Court" respectively for the words "Commissioner" and "Board of Revenue", wherever occurring. (5) In subsection (1) of section 61, omit "Commissioner". (6) In subsection (3) of section 63, omit the words "the Commissioner", "the Commissioner and", and "the Commissioner shall have and exercise aver the Collector", respectively. THE COLONISATION OF GOVERNMENT LANDS (PUNJAB) ACT (V OF 1912)- (1) In section 3, omit the definition of "Commissioner". (2) In sections 17 and 19 substitute "Board of Revenue" for "Commissioner". (3) In section 19 substitute "it" for the word "he", occurring after the -words "or of such officer as". THE AGRICULTURAL PRODUCE MARKET ACT (V OF 1939)- (1) In sections 6(3) and 21-A(2), sub3titute "Board of Revenue" for "'Commissioner". THE PUNJAB COURT OF WARDS ACT (II OF 1903)- In section 4(1) for "Commissioner" substitute "Board of Revenue". THE PUNJAB FRONTIER CROSSING REGULATION (VI OF 1873)--- (1) In section 2 omit the words "of the Commissioner of the Division, or" (2) In section 5 omit the words "Commissioner of the Division or". (3) In section 6 omit the words "Commissioner of the Division or", ;and "Commissioner" occurring twice. SIND LAWS THE SIND IRRIGATION ACT (VII OF 1879)--- (1) In section 60, omit the words "for the information of the Revenue ,Commissioner". (2) In sections 67, 91(2) (iii), 92(6) and 92-A(3), for "Revenue Commissioner" substitute "Provincial Government". THE CO-OPERATIVE SOCIETIES ACT (VII OF 1925)- In section 59-P, in subsection (2), for "Revenue Commissioner" substitute "Board of Revenue". WEST PAKISTAN LAWS THE WEST PAKISTAN GENERAL CLAUSES ACT (V OF 1956)- In section 2, omit clause 17. THE WEST PAKISTAN URBAN IMMOVABLE PROPERTY TAX ACT (V OF 1958)- (1) In section 2, delete clause (c). (2) In Proviso to section 8(2) and section 10(2), for "Commissioner substitute "Board of Revenue". THE WEST PAKISTAN ENTERTMNMENT DUTY ACT (X OF 1958)--- (1) In section 2, delete clause (c). (2) In section 15(1), for "Commissioner" substitute "Board of Review. THE WEST PAKISTAN TOBACCO VEND ACT (XXXVIII OF 1958) (1) In section 2, delete clause (b). (2) In section 4, subsection (2), clause (b), for "Commissioner", substitute "Board of Revenue". (3) In subsection (2) of section 12, after clause (c), substitute full-stop with a, semi-colon, and add the following clauses namely:--- (d) prescribing the conditions subject to which a license under this Act may be granted; (e) prescribing the particulars to be contained in, and the form of. such licence; (f) prescribing the manner in which payment shall be made for such licence fees and the manner in which such licences shall be issued. (4) In section 12, omit subsection (3). THE WEST PAKISTAN VACCINATION ORDINANCE (XXVII OF 1958)--- In section 3- (i) in subsection (4), for the "Commissioner" substitute "Government"; (ii) omit subsection (5); (iii) for the proviso, substitute the following :- "Provided that no order shall be passed by the Deputy Commissioner or Government without giving the local authority a reasonable opportunity of showing cause against such order." THE WEST PAKISTAN CONTROL OF GOONDAS ORDINANCE (XXXV OF 1959)---- (1) Throughout the Ordinance, for "the Commissioner" substitute "Government or an officer or Court specifically empowered in this behalf". (2) In section 18, 9n subsection (1), for "the Commissioner of the Division" substitute "Government or an officer or Court specifically empowered in this behalf". (3) For section 27, substitute the following :--- "27. The Government, or the officer or Court so empowered, may by an order in writing, transfer a case from one tribunal to another". THE WEST PAKISTAN CONSOLIDATION OF HOLDINGS ORDINANCE (VI OF 1960)- (1) In section 2, omit clause (d). (2) In section 11, for "Commissioner" substitute "Board of Revenue": (3) In section 13- (i) In subsection (2), for "A Commissioner or" substitute "The". (ii) In subsection (3), for "Commissioner" substitute "hoard of Revenue". (iii) for subsection (4), except the proviso, substitute the following :- "(4) The Board of Revenue may, In any case called for under sub-section (1) or reported to it under subsection (3), pass such orders as it thinks fit". THE WEST PAKISTAN PURE FOOD ORDINANCE (VII OF 1960)--- In section 35- (i) in subsection (3), for "the Commissioner" substitute "Government" : (ii) omit subsection (4) ; (iii) for the proviso, substitute the following ; "Provided that no order shall be passed by the Deputy Commissioner or Government without giving the local authority a reasonable opportunity of showing cause against such order.". THE WEST PAKISTAN GOVERNMENT SERVANTS BENEVOLENT FUND ORDINANCE (XIV OF 1960)--- In section 6- (i) in subsection (1), omit clause (c); (ii) in subsection (21, in clause (b), omit "and to make allocations there from to the Divisional Boards of Management; and", and Insect a full-stop Instead. (iii) !n subsection (2), omit clause (e). THE WEST PAKISTAN MONEY-LENDERS ORDINANCE (XXIV OF 1960)- (1) In section 2, omit clause (e). (2) In section 8, for "Commissioner" substitute "District Judge". THE WEST PAKISTAN TOLLS ON ROADS AND BRIDGES ORDINANCE (VIII OF 1962)--- In section 8, in subsection (3), for "the Commissioner" substitute "Government". THE WEST PAKISTAN PRIMARY EDUCATION ORDINANCE (XXIX OF 1962)--- (1) In section 8, for "the Commissioner" substitute "Government". (2) In section 22, omit subsection (2). THE WEST PAKISTAN REDEMPTION AND RESTITUTION OF MORTGAGED LANDS ACT (XIX OF 1964)- (1) In section 2, omit clause (c). (2) For sections 14, 15 and 16, substitute the following:-- "14. Save as otherwise provided by this Act, an appeal shall lie from an original order of the Collector to the Board of Revenue. 15. The Board of Revenue may at any time call for the record of any case pending before, or disposed of by, any Revenue Officer and may pass such orders as it may think fit: Provided that no order shall be passed under this section reversing or modifying any proceedings or order of such Revenue Officer and affecting any question of rights between private persons without giving those parsons an opportunity of being heard. 16. (1) The period of limitation of an appeal under section 14 shall 'be ninety days from the date of the order appealed against. (2) The provisions of section 5 of the Limitation Act, 1908 (Act IX of 1908), shall apply to appeals under this Chapter". THE WEST PAKISTAN LAND REVENUE ACT (XVII OF 1967).--- (1) In section 5, for "Division" substitute "Districts". (2) In section 6- (i) in subsection (1), omit "Each Division shall be divided into such Districts, and" ; (ii) in subsection (2), omit "Divisions,". (3) In section 7, omit clause (b) of subsection (1). (4) For sections 8 and 9, substitute the following :- "8. Appointment of Collectors.-For each District there shall be a Collector who shall be appointed by Government, and who shall exercise throughout the District all the powers, and discharge all the duties conferred or imposed on a Collector by or under this Act. 9. Appointment of Additional Collectors.--Government may appoint In any District an Additional Collector, who shall exercise all or any of the powers and discharge all or any of the duties conferred or imposed on a Collector by or under this Act subject to the general supervision and control of the Collector of the District". (5) In section 13, for subsections (3) and (4), substitute the following : --- "(3) "Subject to the general control of the Board of Revenue, a Collector shall control all other Revenue Officers in his District.". (6) In section 14 (a) In subsection (2) -- (i) omit "Commissioner or" (ii) for "their respective" substitute "his" (b) in subsection (3), for "Commissioner or Collector, under sub section (2), the Commissioner or Collector, as the case may be". substitute "Collector under subsection (2)". (7) In section 16- (a) in subsection (1), omit "Commissioner" ; (b) In subsection (3), omit "Commissioner,". (8) In section 63- (8) omit "Commissioner or" ; (ii) in subsection (3), omit, "as the case may be; '. (9) In section 69, omit "the Commissioner and from the appellate orders or the Commissioner, to". (10) In sections 81, 89, 92, 101, 102, 103, 104, 107, 108 and 161, for "`Commissioner" substitute "Board of Revenue". (11) In section 84, in subsection (3), for "he" substitute "it". (12) In section 161, in subsection (1) (i) Omit clause (c) ; (ii) in clause (ii) of the proviso, for "him" substitute "It". (13) In section 162, omit clause (b). (14) In section 163- (i) Omit "Commissioner,"; (ii) for clause (a) of the proviso to subsection (2), substitute the following :- "(a) an order passed by his predecessor-in-office shall not be reviewed under subsection (1) or subsection (2) by the Collector without first obtaining the sanction of the Board of Revenue, and no order shall be reviewed by any other Revenue Officer, without first obtaining the sanction of the Revenue Officer to whose control he is immediately subject;". (15) In section 164- (1) in subsection (2), omit "Commissioner or"; (ii) In subsection (3), for the word "Commissioner" the words "Board of Revenue" shall be substituted; and (iii) in subsection (4), for the words "and a Commissioner may in any case called for under subsection (2) or reported to him under subsection (3), pass such orders as it or he" substitute the words "or reported to it under subsection (3), pass such orders as it'. CIVIL PROCEDURE (SPECIAL PROVISIONS) ORDINANCE, 1968 (I OF 1968)-- (1) In section 2, substitute clause (a) with the following :-- "(a) "Assistant Commissioner" includes any officer exercising any powers and performing any functions under this Ordinance; (2) Throughout the Ordinance, excepting sections 1(3), 2, 15 and 16, substitute :- (a) "Assistant Commissioner" for "Deputy Commissioner"; (b) "Deputy Commissioner" for "Commissioner"; and (c) "Revenue Commissioner" for "Government" wherever occurring. (3) In section 15 for the words "his powers or functions" substitute the words "the powers or functions of an Assistant Commissioner". (4) After section 15 the following new section shall be added :- "15-A. A Deputy Commissioner may withdraw any proceeding from, or recall any proceeding which he has made over to, any Assistant Commis sioner subordinate to him, and may refer such proceeding to any other Assistant Commissioner competent to proceed with the same'". CRIMINAL LAW (SPECIAL PROVISIONS) ORDINANCE, 1968 (II OF 1968)--- (1) In section 2, substitute clause (a) with the following :- (a) "Assistant Commissioner" includes any officer exercising any Towers or performing any functions under this Ordinance; (2) Throughout the Ordinance, except in sections 1(3), 2, 22, 26, 30, 31(1) and 31(2)(c), substitute :- (a) "Assistant Commissioner" for "Deputy Commissioner"; (b) "Deputy Commissioner" for "Commissioner"; and (c) "Revenue Commissioner" for "Government'.