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178

Exclusion of certain cases

Act: Baluchistan Local Government Ordinance 1979

Section Provisions

ORDINANCE IX OF 1979 ORDINANCE IX OF 1979 BALUCHISTAN LOCAL GOVERNMENT ORDINANCE, 1979 CHAPTER XX‑ PANCHAYATS 178. Exclusion of certain cases.‑(1) No Panchayat shall take cognizance of any offence under the Pakistan Penal Code, in which either the complainant or the accused is a public servant or the accused person is liable to enhance punishment under section 75 of the Pakistan Penal Code. (2) A civil or revenue suit shall not lie in a Panchayat in respect of a case‑‑ (a) in which the interest of a minor or person of unsound mind is involved; (b) for a share or a part of share under an intestacy or for a legacy or part of legacy under will; (c) where provision for arbitration has been made in a contract between the parties; (d) by or against the Federal or a Provincial Government or a Local Authority or a Panchayat or a public servant acting in the discharge of his duty or when any such party is, in the opinion of the Panchayat a necessary party; and (e) against an insolvent for a claim pertaining to the time prior to the admission of his insolvency petition. (3) All cases mentioned in the Third Schedule which under the Ordi nance are exclusively triable by a Panchayat shall till the assumption of office by a Local Council continue to be instituted in and disposed of by ordinary Courts.