N.-W.F.P. Power Crushers (Amendment) Ordinance 2002

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NORTH-WEST FRONTIER PROVINCE POWER CRUSHERS (AMENDMENT) ORDINANCE, 2002

ORDINANCE IV OF 2002

An Ordinance further to amend the North-West Frontier Province Power Crushers (Licensing), Ordinance, 1980

[Gazette of N.-W.F.P. Extraordinary, 29th January, 2002]

No. 1egis.1(12)80/588-93, dated 29-1-2002.---The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information.

Whereas it is expedient further to amend the North-West Frontier Province Power Crushers (Licensing) Ordinance, 1980 (N.-W.F.P. Ord. No. XV of 1980), for the purposes hereinafter appearing;

And whereas the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in pursuance of the Proclamation of Emergency of the Fourteenth day of October, 1999, as amended up-to-date, and the Provisional Constitution Order No. 1 of 1999, read with Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:

1. Short title and commencement,---(1) This Ordinance may be called the North-West Frontier Province Power Crushers (Amendment) Ordinance, 2002.

(2) It shall come into force at once.

2. Amendment of section 2 of N.-W.F.P. Ord. XV of 1980:--In the North-West Frontier Province Power Crushers (Licensing) Ordinance, 1980 (N.-W.F.P. Ord. No. XV of 1980), hereinafter referred to as the said Ordinance, in section 2, the existing clause (a) shall be re-lettered as "(aa)" and before clause "(aa)" so re-lettered the following new clause shall be inserted, namely:

"(a) 'commercial cane crusher' means a power crusher of more than 12.5 horse power working on one or more than one Karrai (cooking pot) of not more than 36 cubic feet in size and 330 kilograms in capacity;"

3. Amendment of section 3 of N.-W.F.P. Ord. XV of 1980.--In the said Ordinance, for section 3, the following shall be substituted, namely:

"3. ++Power crushers to be registered/licensed.++--No person shall crush sugarcane by means of Gur Ghani and power crushers unless,--

(a) in case of Gur Ghani or a power crusher, other than a commercial cane crusher, it is registered, and

(b) in case of a commercial cane crusher, it is licensed,

under this Ordinance and every such Gur Ghani and power/cane crusher, so registered or licensed, shall be operated subject to such conditions and restrictions as may be imposed by the authority empowered in this behalf.".

4. Amendment of section 4 of N.-W.F.P. Ord. XV of 1980.--In the said Ordinance, for section 4, except the proviso thereto, the following shall be substituted, namely:

"4.++Licensing authority.++--The authority having power-to register a Gur Ghani/power crusher, other than a commercial cane crusher, or, as the case may be, to grant licence in respect of a commercial cane crusher, under this Ordinance, hereinafter referred to as the licensing authority, shall be the District Officer (Revenue and Estate) of the District concerned."

5. Amendment of section 5 of N.-W.F.P. Ord. XV of 1980.--In the said Ordinance, in section 5,--

(a) in subsection (1), for the words "for the grant of licence", the words and commas "for the registration or, as the case may be, grant of licence;'.' shall be substituted;

(b) in subsection (2),--

(i) between the word "the" and the word "grant", appearing in the first line, the words "registration or" shall be inserted.

(ii) in clause (a), for the words "the licensing fee", the words "the registration or licensing fee" shall be substituted;

(c) for subsection (3) the following shall be substituted, namely:

"(3) The licensing authority may, if it is a case of registration of a Gur Ghani/power crusher, other than a commercial cane crusher, after making such inquiry as it may deem necessary, register the said Gur Ghani/power crusher or, if it is a commercial cane crusher, it may, if the applicant fulfils the conditions specified in Part B of the Schedule and after making such inquiry as may be deemed appropriate, grant him the licence in the form specified in Part C of the Schedule.";

(d) in subsection (4), for the words "The licence", occurring in the beginning, the words "The registration made or the licence" shall be substituted; and

(e) for subsection (5), the following shall be substituted, namely:

"(5) The procedure for the renewal shall be the same as provided for original registration or grant of licence."

6. Amendment of section 6 of N.-W.F.P. Ord. XV of 1980.--In the said Ordinance, for section 6, the following shall be substituted, namely:

"6. ++Fee.++--(i) There shall be charged a fee for the registration of a Gur Ghani/power crusher or grant of a licence under this Ordinance at the following rates:

|-----------------------------------------------------------------------------------------|--------------------| | (i) registration fee for Gur Ghani/power crusher, other than a commercial cane crusher; | Rs.500 per year | | (ii) licence fee for commercial cane crusher. | Rs.50,000 per year |

(2) The fee prescribed under subsection (1) may be revised by Government from time to time by a Notification in the Official Gazette.

(3) The fee shall be deposited in the State Bank of Pakistan or any Government Treasury under the head "1300-Miscellaneous Receipts-1390 -Receipts from installation/renewal of Power Crushers."

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