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KP Cabinet approves amendments in Civil Procedure Code

PESHAWAR: A meeting of the provincial cabinet with Chief Minister Khyber Pakhtunkhwa Pervez Khattak in the chair Mon
15 Jan, 2018

PESHAWAR: A meeting of the provincial cabinet with Chief Minister Khyber Pakhtunkhwa Pervez Khattak in the chair Monday approved amendments in Civil Procedure Code for disposing off Civil Cases within one year.

This is another revolutionary step of KP government that would ensure provision of justice at the earliest to the people as such cases used to take decades to dispose off, said spokesman for KP Government while briefing media men here.

It is worth mention here that Peshawar High Court has already endorsed these amendments. According to the amendments, for ensuring the presence of lawyers, specific dates would be given. The Court will complete the process of dawa and jawab-e-dawa and the decision of the court on miscellaneous applications would be non-appeal able and non-reversible.

In case of revision in the main suit, Sixty days period has been fixed for all disposing off miscellaneous applications. Moreover 30 days period has been fixed for all examinations of exhibits. The Court has been empowered to pass summary judgment. The trial stage will commence and the issues shall be framed within a period of seven days and the Court shall complete the trials within one year by making all its efforts to hold day to day trial.

Specific time period has been given for conclusion of a Civil Case. Previously the Civil cases took decades to end. The Court shall impose penalties on the parties who fail to obey case management and scheduling order.

The appellate Court has been authorized to record additional evidence in appellate stage. Before this, the appellate Court used to send the case for hearing or recording to Subordinate Court. The Civil Courts or Appellate Courts will announce the decision within 15 days. Before this, no time frame was fixed for judgment.

The Cabinet also approved amendment for issuance of license to the non-licensed stone crushers for stone-crushing according to recommendations of cabinet’s sub-committee.

The provincial cabinet approved supplementary grant to the tune of Rs.21,000 million to various public welfare departments for the uplift of living standard of the masses. Various departments had approached Planning and Development Department for provision of supplementary grant to complete public welfare schemes.

The Chief Minister Khyber Pakhtunkhwa, Pervez Khattak after approval directed the departments concerned to bring the matter before the cabinet, however, supplementary grant would be subject to availability of funds.

The provincial cabinet in the light of federal government’s policy also approved Provincial Policy for naming various public building, roads, projects, streets after renowned personalities.

Previously, there was no such policy at provincial level and everyone was at liberty to name public institutions after the personality of his choice.

As per new policy, no government building or assets can be named after a government functionary or public representative who is alive. Likewise some restrictions will also be for non-Pakistani personality unless and until approval has been obtained from the federal government.

Those who qualify for the same include founder of Pakistan or personalities who took part in the freedom movement or creation of Pakistan, national or provincial personalities who are no more alive and rendered invaluable services for the nation. This honor can also be given to the heroes who sacrificed their lives in the defence of country or in the line of duty.

Moreover, art, culture, sports, buildings can be named after prominent artists. This principle will also be applied on archeological, educational, museums, libraries, scientific and vocational building. Public buildings and assets can also be named after Pakistan friendly heads of states for which a transparent mechanism has been evolved.

The provincial cabinet approved budget of district government Charsadda and annual development program of district council Charsadda for the financial year 2017-18. It merits to mention here that under section 35(4) of local government Act 2013, if a local council cannot get its budget approved before the commencement of financial year then the provincial government will be authorized to prepare and approve its budget.

The cabinet Okayed the establishment of three universities in the province which include University of Lakki Marwat, University of Agriculture D.I.Khan and University of Engineering and Technology Mardan. To this effect the cabinet also approved the universities amendment bill 2017.

The cabinet further approved local government 4th Amendment Bill 2017 to implement its decision regarding the creation of a new district Kolai Palas Kohistan and fourteen new tehsils including Rustam Mardan. Lower Tanawal and Lora abbottabad, Baffa, Pakhal and Darband Mansehra, Khanpur, Haripur, Largam and Sheringal Upper Dir, Kaki Bannu, Chakisar Shangla, Malkho Torhwa and Drosh Chitral, Baizai Malakand and Gumbat Kohal.

The provincial cabinet also approved the proposed amendments in Khyber Pakhtunkhwa Hydle Development Fund Ordinance 2001 to make maximum utilization of other resources of energy including solar, coal and wind energy for power generation. Moreover, increase in oil and gas production is also covered in the amendments through these amendments funds revenue collected by means of oil and gas royalty, excise duty on gas, wind fall levy, electricity duty and excise duty on oil would also be part of hydel development fund. By pooling together all these funds. The timely completion of all the power projects will be ensured.

The cabinet approved Khyber Pakhtunkhwa Evacuee Trust Properties & appeal and Review” Rules 2017. After the abolishment of concurrent list as a result of 18th Constitution Amendments, the subject of minority affairs has been devolved to the provinces. To regulate the powers and functions devolved to the province, the provincial assembly has Khyber Pakhtunkhwa Communal Properties of minorities Act 2014.

As per section 27 of the said Act framing rules was a necessity. The cabinet Okayed the proposed rules, to be called as Khyber Pakhtunkhwa Evacuee Trust Properties (Appeal and Review) Rules 2017.

The provincial cabinet approved power of attorney Act 1882 amendment bill to be named as Khyber Pakhtunkhwa Power of Attorney amendment Bill 2017. It merits a mention here that power on the subject matter has been devolved to the province.

Copyright APP (Associated Press of Pakistan), 2018


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