Chief Martial Law Administrator Order 1979, No. 66

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MARTIAL LAW ORDER

By

CHIEF MARTIAL LAW ADMINISTRATORS

[Gazette of Pakistan, Extraordinary, Part I, 16th April 1979]

No. 66

[Gazette of Pakistan, Extraordinary, Part I, 30th April, 1979]

1.-(1) This Martial Law Order shall come into force at once and shall take effect notwithstanding anything to the contrary contained in any other law for the time being in force.

(2) It shall extend to the areas specified in Schedule I.

  1. In this Martial Law Order, unless there is anything repugnant in the subject or context:-

(a) "Commissioner" means the Commissioner, Peshawar Division ;

(b) "Council" means the Council of Elders appointed by the Commis sioner under this Martial Law Order ;

(c) "specified dispute" means a dispute specified in Schedule II ; and

(d) "Governor" means the Governor of the North-West Frontier Province.

3.--(1) The Commissioner shall refer a specified dispute to a Council and require the Council to come to a finding on the matters in dispute after making such enquiry as may be necessary and after hearing the parties.

(2) The order of reference made under sub-paragraph (I) shall state the matter or matters in dispute on which the finding of the Council is required.

(3) The Commissioner, on receipt of the finding of the Council, may-

(a) Pass a decree in accordance with the unanimous finding of the Council or of not less than three-fourths of the members thereof ; or

(b) remand the case to the Council for a further finding ; or

(c) refer the dispute to a second Council for a further finding thereon ; and, in either of the two latter cases, may pass a decree in accordance with the unanimous finding of the Council or of not less than three-fourths of the members thereof.

(4) In any proceedings before the Council, the parties may engage and be represented by a legal practitioner.

4.-(1) Subject to the order of the Governor on an appeal under sub paragraph (2), a decree passed by the Commissioner shall be final.

(2) An appeal shall lie to the Governor against an order of the Commis sioner under sub-paragraph (1) of paragraph 3 constituting the Council or a decree passed by the Commissioner under sub-paragraph (3) of that paragraph; and the decision of the Governor on such appeal shall be final.

(3) Where any proceedings are pending before the Commissioner or the Governor, the Commissioner or, as the case may be, the Governor may, on the application of either of the parties, pass such interim orders, pending the passing of the final decree or order as he may deem fit.

(4) Except as provided in sub-paragraph (3), no Court or other authority shall grant an injunction or make an interim order in relation to any matter which the Commissioner has referred to a Council under paragraph 3.

  1. All suits, appeals and applications pending in any civil Court immediately before the commencement of this Order in respect of a matter in dispute which the Commissioner has referred to a Council under paragraph 3 shall, in so far as they relate to such matter, abate forthwith.

  2. The Evidence Act, 1872 (1 of 1872), and the Limitation Act, 1908 (IX of 1908), shall not apply to any proceedings under this Martial Law Order.

7.-(1) The Governor may, by notification in the official Gazette, make rules for carrying out the purposes of this Martial Law Order.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the constitution of the Council and the manner in which it shall con duct its proceedings ; and

(b) the mode and manner in which a decree passed by the Commissioner under this Martial Law Order shall be executed.

SCHEDULE I

  1. Kohat District.

  2. Orakzai Agency.

  3. Kurram Agency.

SCHEDULE II

Specified dispute.

  1. Boundary dispute between Mohammadzaiwals of Kohat District and Bezoti tribe of Orakzai Agency.

  2. Boundary dispute between the inhabitants of village Kachai, Tehsil Hangu, District Kohat and Sheikhan tribe of Orakzai Agency.

  3. Boundary dispute between the people of Marai of Kohat District and Mani Khei tribe of Orakzai Agency.

  4. Boundary dispute between Mohammadzaiwals of Thall Kohat District and Biland Khel tribe of Orakzai Agency.

  5. Boundary dispute between, Thallwals of Kohat District and Khojal Khel Wazirs of Kurram Agency.

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