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W.P. BOARD OF REVENUE (CONDUCT OF APPEALS AND REVISIONS)

RULES, 1959

 

[22nd May, 1959]

 

          1.         Short title and commencement. – (1) These rules may be called the West Pakistan Board of Revenue (Conduct of Appeals and Revisions) Rules, 1959.

          (2)      The shall come into force at once.                                                 

2.         Definitions. – In these rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is so say: —

(a)      “Full Board” shall, subject to the provisions of sub-section (3) of section 6 of West Pakistan Board of Revenue Act, 1957, consist of all the Members of the Board; provided that in case it is not possible for all Members to be present at the hearing, the number of Members present shall not be less than two.

(b)      “Case” means a particular judicial matter under consideration and includes all papers relating to is as are required for its disposal.

 

          3.         Presentation of appeals and application for revisions to the Board. – (1) Every appeal and application for revision made to the Board shall be presented to such Assistant to the Commissioner of the Division to which it relates as may be appointed in this behalf by the Commissioner or the Clerk of the Court of the Board and shall be immediately entered by him in a register to be prescribed by the Board.

(2)      The Assistant or the Clerk of the Court shall, after examination, record a note stating whether the appeal or application for revision is in order, is stamped with proper court-fee and is accompanied by certified copies of decrees, judgments and orders passed by the subordinate Court or officer and in case of any defect shall direct the appellant or the applicant to remove the defect within thirty days.

          (3)      After the defect, if any, have been removed within the prescribed time the Assistant to the Commissioner shall forward the appeal or Application to the Clerk of the Court of the Board.                               

(4)      On receipt of such appeal or application for revision, the clerk of the Court shall immediately place it before the Member concerned for such orders as he may consider appropriate in accordance with the law for the time being in force.      

 

          4.         Stay of execution of orders and decrees. – (1) Where an appeal or an application for revision has been made, the Member or the Full Board, as the case may be, may suo motu or on an application made in that behalf, stay the execution of the order or decree appealed from or sought to be revised.

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