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THE PROVINC1ALLY
ADMINISTERED TRIBAL AREAS (APPLICATION OF
LAWS) REGULATION, 1976.
[KHYBER PAKHTUNKHWA], REGULATION NO. II OF 1976.
[19th April, 1976.]
CONTENTS.
PREAMBLE.
SECTIONS:
1.
Short title, extent and commencement.
2.
Definitions.
3.
Application of certain laws to Chitral, Dir,
Kalam, Swat and Malakand Protected Area.
4.
Date of recovery of taxes, etc.
5.
Authority to exercise powers, etc.
6.
Assessment, collection and recovery of taxes,
etc.
7.
Certain laws to cease to operate.
THE PROVINC1ALLY
ADMINISTERED TRIBAL AREAS (APPLICATION OF
LAWS) REGULATION, 1976.
[KHYBER PAKHTUNKHWA], REGULATION NO. II OF 1976.
[19th April, 1976.]
A
REGULATION
to apply certain laws to the Provincially Administered Tribal Areas of
Chitral, Dir, Kalam, Swat and Malakand Protected Araa.
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WHEREAS it is expedient to apply
certain laws to the Provincially Administered Tribal Areas of Chitral, Dir,
Kalam, Swat and Malakand Protected Area: —
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Preamble.
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AND WHEREAS clause (4)
of Article 247 of the Constitution of the Islamic Republic of Pakistan provides
that the Governor of a Province, with the prior approval of the President, may,
with respect to any matter within the legislative competence of the Provincial
Assembly, make Regulation for a Provincially Administered Tribal Area or any
part thereof:
NOW, THEREFORE, in
exercise of the powers aforesaid, the Governor of the [Khyber
Pakhtunkhwa], with the approval of the President, is pleased to make the
following Regulation: —
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1.
(1) This Regulation may be called the Provincially Administered
Tribal Areas (Application of Laws) Regulation. 1976.
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Short title, extent and commencement.
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(2) It extends to the
Provincially Administered Tribal Areas of Chitral, Dir. Kalam, Swat and
Malakand Protected Area.
(3) It shall come into
force at once.
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2.
In this Regulation, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them,
that is to say —
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Definitions.
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(a)
"Government" means the Government of the [Khyber
Pakhtunkhwa], and
(b)
"Schedule" means the Schedule to this Regulation.
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3.
The laws specified in column 2 of the Schedule as in force in the [Khyber
Pakhtunkhwa]; immediately before the commencement of this Regulations subject
to modifications herein specified and modifications and exceptions, if any,
set out in column 3 thereof, and so far as may be, all rules, notifications
and orders made or issued thereunder, shall apply to the Provincially
Administered Tribal Areas of Chitral, Dir, Kalam, Swat, and Malakand
Protected Area, hereinafter referred to as the said Areas.
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Application of certain laws to Chitral, Dir, Kalam, Swat and
Malakand Protected Area.
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4.
All taxes, fees, duties tolls or surcharges recoverable under the provisions
of any law, rule, notification or order, so applied, shall become due and
recoverable with effect from the date of commencement of this Regulation, and
in so far as such taxes, fees, duties, tolls or surcharges relate to a
complete financial year, the same shall be levied for the financial year,
1975-76, with proportionate reduction.
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Date of recovery of taxes, etc.
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5. Where under
any law, rule, notification or order so applied, any power, function or duty
is to be exercised, performed or discharged by any person or authority, such
power, function or duty shall be exercised, performed or discharged by such
person or authority as Government may, by notification in the official
Gazette, appoint.
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Authority to exercise powers, etc.
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6.
Where in any law, rule, notification or order, so applied, any procedure is
prescribed for the assessment, collection and recovery of any tax, fee, duty,
toll or surcharge, such tax, fee, duty, toll or surcharge shall be assessed,
collected and recovered in such manner as Government may, by notification in
the official Gazette, specify.
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Assessment, collection and recovery of taxes, etc.
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7.
(1) If, immediately before the commencement of this Regulation,
there was in force in the said Areas any law, instrument, custom or usage
having the force of law corresponding to the provisions of any of the laws
applied to those Areas by this Regulation, such law, instrument, custom or
usage shall, upon such commencement, cease to have effect in those Areas.
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Certain laws to
cease to operate.
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(2) Nothing in sub-section (1) shall
effect—
(a) the Previous operation of any such law,
instrument, custom or
usage;
or
(b) the recovery of any tax, fee, duty, toll
or surcharge recoverable
under any such law, instrument, custom or
usage before the
commencement
of this Regulation, and any such tax, fee, duty,
toll
or surcharge shall be recoverable as if sub-section (1) had not
come into force; or
(c)
any
penalty, forfeiture or punishment incurred in respect of any offence punishable
under such law, instrument, custom or usage; or
(d) any investigation, proceeding or remedy in
respect of any such penalty, forfeiture or punishment, and any such
investigation, proceeding or remedy may be instituted, continued or enforced
and any such penalty, forfeiture of punishment may be imposed as if sub-section
(I) had not come into force.
SCHEDULE.
(See section 3)
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Serial No.
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Laws
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Modification
/Exceptions
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1
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2
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3
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1.
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The Oaths Act, 1873 (Act No. X of 1873.)
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2.
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The Electricity Act, 1910 (Act No. IX of 1910.)
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3.
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The Provincial Insolvency Act, 1920 (Act No. V of 1920.)
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4.
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The Succession Act, 1925 (Act No. XXXIX of 1925.)
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5.
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The Sale of Goods Act, 1930 (Act No. III of 1930.)
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In section 1, for sub-section (3), the following shall be
substituted:
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"(3) It shall come into force at once".
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6.
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The Partnership Act, 1932 (Act No. IX of 1932.)
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In section 1, for sub-section (3), the following shall be
substituted:---
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"(3) It shall come into force at once".
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1.
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2.
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3.
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7.
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The West Pakistan Vaccination Ordinance, 1958 (W. P. Ordinance
No. XXVII of 1958.)
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8.
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The West Pakistan Suppression of Prostitution Ordinance, 1961
(W. P. Ordinance No. II of 1961.)
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9.
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The West Pakistan Regulation and Control of Loudspeakers and
Sound Amplifiers Ordinance, 1965 (W. P. Ordinance No. II of 1963.)
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Except section 8.
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10.
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The West Pakistan Autonomous Bodies Immovable Property
(Ejectment of Unauthorised Occupants) Ordinance, 1965 (W. P. Ordinance No.
XXXVII of 1965.)
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11.
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The West Pakistan Government Lands
and Buildings (Recovery of Possession) Ordinance, 1966 (W. P. Ordinance No. IX
of 1966.)
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12.
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The West Pakistan Motor Vehicles
(Amendment) Ordinance, 1970 (W. P. Ordinance No. IX of 1970.)
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13.
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The West Pakistan Motor Vehicles
(Amendment) Amending Ordinance, 1970 (W. P. Ordinance No. XVI of 1970.)
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14.
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The
Law Reforms Ordinance, 1972 (Ordinance No. XII of 1972.)
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Except the provisions of the Schedule relating to
amendment of such of the laws as do not apply to the said Areas.
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15.
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The [Khyber Pakhtunkhwa], Sarhad Development Authority
Act, 1972 [Khyber Pakhtunkhwa], Act No. XI of 1973.)
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