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BALUCHISTAN CIVIL DISPUTES (SHARIAT) APPLICATION RULES, 1977

Para

Contents

 

1

Short title and Commencement

 

2

 

 

3

Qualification of the Qazis

 

4

Appointment of Majalis-e-Shura

 

5

Mode of appointment of Members of Majalis-e-Shura and the Qazis

 

6

Court-fees

 

7

Procedure and timing

 

 

Schedule

 

 

BALUCHISTAN CIVIL DISPUTES (SHARIAT) APPLICATION RULES, 1977

[18th February, 1977]

In exercise of powers conferred on it by para 6 of the Baluchistan Civil Disputes (Shariat Application) Regulation, 1976, the Government of Baluchistan is pleased to make and promulgate the following rules.

1.         Short title and Commencement.

1)                  These Rules may be called the Baluchistan Civil Disputes (Shariat Application) Rules , 1977

2)                  They shall come into force at once.

2.         The Provincial Government may appoint Qazis under the Baluchistan Civil Disputes (Shariat Application) Regulation, 1976 hereinafter referred to as the said Regulation at the places specified in Schedule of these Rules to exercise jurisdiction within the area noted against each.

3.         Qualification of the Qazis. A person possessing Sanad/Dars-e-Nazami from a recognised Darul Uloom (Preferably English Knowing) or a law graduate from recognised University may be appointed as Qazi, the minimum age being 28 years:

Provided that the Government may whenever deemed necessary relax the above condition.

4.         Appointment of Majalis-e-Shura.

1)       The headquarter of Majalis-e-Shura shall be beat Quetta.

2)       A person possessing a degree in law from recognised University or Dars-e-Nazami from Darul-Uloom or equivalent institutes may be appointed as Member of Majalis-e-Shura.

3)       A person already in judicial service as Civil judges or Qazi may be considered for appointed as Member of Majalis-e-Shura.

4)       The lower of age limit for appointment as Member shall be 30 years;

Provided that the Provincial Government may if necessary relax the above conditions.

5.         Mode of appointment of Members of Majalis-e-Shura and the Qazis.— The appointment of the Members of Majalis-e-Shura and the Qazis may be made through public Service Commission:

Provided that the Government may make ad-hoc appointments until selection by the public Service Commission.

6.         Court-fees.—Court fee and processes fee by the Court of Qazi and Majalis-e-Shura shall be levied according to the provisions of Dasturul Amal Diwani of Kalat.

7.         Procedure and timing.— All proceeding before the Majalis-e-Shura and Court of Qazi shall be conducted as far as may be according to the civil Procedure code, 1908.

Provided that original civil suits may be filed in the Court of Assistant Commissioners/Tahsildar who shall refer them to Qazi /Majalis-e-Shura as the case may be after framing issues.   

SCHEDULE

(See Para 2)

A          Quetta Division—

1

Dalbandin

One Qazi for Dalbandin Tehsil and Nokundi Sub-Tehsil with headquarters at Dalbandin.

2

Muslim Bagh

One Qazi for Muslim Bagh Tehsil with headquarters at Muslim Bagh.

3

Killa Saifullah

One Qazi for Killa Saifullah Tehsil with headquarters at Killa Saifullah.

4

Qamar Din Karez

One Qazi for Qamar Din Karez Sub-Division including Qamar Din Tehsil, Loi Bund, Koshotto and ashewat sub Tehsils with headquarters at Qamar Din Karez.

5

Ahob

One Qazi for Zhob Tehsil including Samboza sub-tehsil with headquarters at Zhob.

6

Sherani

One Qazi for Sherani Sub-Division with headquarters at Zhob.

7

Musakhel

One Qazi for Musakhel Sub-Division with headquarters at Musakhel.

8

Barkhan

One Qazi for Barkhan Sub-Division with headquarters at Barkhan.

9

Sinjavi

One Qazi for Bori tehsil including Mekhtar Sub-Tehsil with headquarters at Loralai.

10

Sinjavi

One Qazi for Sinjavi Sub-Tehsil with headquarters at Sinjavi.

 

B          Sibi Division—

1

Khulu

One Qazi for Khulu Sub-Division with headquarters at Khulu.

2

Khan

One Qazi for Khan Sub-Division with headquarters at Khan.

3

Mawand

One Qazi for Mawand Sub-Division (excluding Kut Mandal Sub-Tehsil) with headquarters at Nawand. 

4

Kut Mahdal

One Qazi for Kut Mandal Sub-Tehsil with headquarters at Bahar Kach.

5

Dera Bugti

One Qazi for Dera Bugti Tehsil and Phelawagh Sub-Tehsil with headquarters at Dera Bugti.

6

Sui

One Qazi for Sui Tehsil with headquarters at Sui.