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13

Power to make rules

Act: Azad Jammu and Kashmir Shariat Court Act 1993

Section Provisions

THE AZAD JAMMU AND KASHMIR SHARIAT COURT ACT, 1993 THE AZAD JAMMU AND KASHMIR SHARIAT COURT ACT, 1993 (ACT IX OF 1993) [Dated March 16, 1993] AN ACT to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court. WHEREAS it is expedient to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court, in the manner hereinafter appearing ; It is hereby enacted as follows :‑ 13. Power to make rules. (1) The Court may, by notification in the official Gazette make rules for carrying out the purpose of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely:‑ (a) the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by the Court to defray the expenses, if any incurred by them in attending for the purposes of the proceedings before the Court; (b) the form of oath to be made by jurisconsult, expert or witness appearing before the Court; (c) the powers and functions of the Court being exercised or performed by the Benches consisting of one or more Judges constituted by the Chief Justice; (d) the decision of the Court being expressed in terms of the opinion of the majority of its judges or, as the case may be, of the Judges constituting Bench; and (e) the decision of cases in which the Judges constituting a Bench are equally divided in their opinion. (3) Until rules are made under sub‑section (1) of this Section, the Shariat Benches of Superior Court Rules, 1980 shall with the necessary modifications and so far as they are not inconsistent with the provisions of this Act, continue in force.