MARTIAL LAW ORDER By CHIEF MARTIAL LAW ADMINISTRATOR No. 94
[Gazette of Pakistan, Extraordinary, Part I, 18th December, 1983]
1. (1) The Martial Law Order shall come into force at once and shall have effect notwithstanding anything contained in any other law for the time being in force or any judgment or decision of and, Court,
(2) It extends to the whole of Pakistan.
2. In this Order, unless there is anything repugnant in the subject or context,-
(a) "land" has the same meaning as in the laws relating to Land Reforms and includes land under an orchard ;
(b) "laws relating to Land Reforms" means the Land Reforms Regula tion, 1972, and the Land Reforms Act, 1977 (1 of 1977) ; and
(c) "Tribunal" means the Land Reforms Tribunal established under paragraph 3. .
3. (1) The Chief Martial Law Administrator may establish a Land Reforms Tribunal consisting of a Chairman and two other members, being persons who possess judicial or administrative experience or experience of the administration of revenue laws.
(2) The Tribunal shall sit at such place as the Chief Martial Law Administrator may appoint.
(3) If, through death, illness or any other cause, a member of the Tribunal is unable to continue to perform his functions, the Chief Martial Law Adminis trator may appoint another person in his place
Provided that the Tribunal shall not, merely by reason of any change in the membership, be bound to recall and re-hear any witness who had given evidence prior to such change and may act on the evidence already given or produced before it.
(4) The presence of the Chairman of tribunal and one other member thereof at a sitting of the Tribunal shall be sufficient to enable it to exercise its jurisdiction or perform its functions ; and, if there is a difference of opinion between the Chairman and the other member present, the opinion of the Chairman shall prevail and the decision of the Tribunal shall be expressed in terms of the opinion of the Chairman.
4. (1) The Tribunal may, either on a reference made by an authority designated by the Federal Government in this behalf or of its own motion, inquire into case in which there is reason to believe that there has been a contravention, violation, evasion or infringement of, or failure to comply with or implement, any of the provisions of the laws relating to Land Reforms or the rules or orders made thereunder, or that any person has failed to make any declaration or to furnish any information required by such provisions or wilfully furnished an incomplete or false declaration or information, and, after affording to the person or persons likely to be affected thereby an opportunity of being heard, forward its report to the Federal Government
Provided that the Tribunal shall have no jurisdiction to inquire into any case which has been finally decided by the Supreme Court.
(2) The Tribunal shall have the powers of a civil Court while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely : -
(a) summoning and enforcing the attendance of any person and examin ing him on oath ;
(b) requiring the discovery and production of any documents ;
(c) receiving evidence on affidavits ;
(d) issuing commissions for the examination of witnesses or documents ; and
(e) requisitioning any public record or copy thereof from any Court or office.
(3) Proceedings before the Tribunal shall be deemed to be judicial pro ceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860).
(4) The Tribunal shall have the power to conduct its proceedings and regulate its procedure in all respects in any manner it deems fit.
(5) The Tribunal shall have the same power to punish its contempt as a High Court has under the Contempt of Court Act, 1976 (LXIV of 1976).
5. (1) On receipt of the report of the Tribunal relating to a case inquired into by the Tribunal, the Federal Government may pass such orders as it may deem fit, including an order forfeiting to Government all or any immovable property of any person to whom the report relates.
Explanation.-In this sub-paragraph, "Government" means, in relation to the Islamabad Capital Territory the Federal Government, and in relation to a Province the Government of that Province.
(2) Any order passed under sub-paragraph (1) in respect of any person shall be in addition to, and not in derogation of, any other action or penalty that may have been, or may be, taken against or imposed on such person under either of the laws relating to Land Reforms or any other law for the time being in force.
6. Where the Tribunal has taken cognizance of any case to which its jurisdiction extends, no other Court or Tribunal, including the Supreme Court and a Nigh Court, shall grant an injunction, make an order or entertain any proceedings in respect of such case or the land to which it relates, and all proceedings in respect of any such case or land which may be pending before such other Court or Tribunal shall abate and any injunction granted, or interim order made, by any such Court or Tribunal shall be null and void and of no effect whatsoever.
7. The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Order.