KARACHI: Move to streamline new LB system: 42 laws amended
KARACHI, Nov 29: Sindh Governor Mohammedmian Soomro promulgated on Thursday the Sindh Laws (Amendment) Ordinance 2001 to amend 42 laws, acts and ordinances in force in the province, bringing them in consonance with the newly introduced local government system under the devolution plan.
Some of the laws, acts and ordinances amended are of pre- Partition era, while the others were enforced before, during and after One-Unit days.
The laws amended include The Land Improvement Loans Act 1883, Sindh Irrigation Act 1879, Sindh Incombored Estate Act 1896, Sindh Court of Wards Act 1905, The Mukhtiarkars Courts Act 1906, Sindh Cooperative Societies Act 1925, Sindh Children Act 1955, Sindh General Clauses Act 1956, Sindh Tenancy Act 1950, Sindh Adult Education Act 1950, Land Preservation Act 1900, Forest Act 1927, Charitable Funds (Regulation and Collections) Act 1953, Sindh Abkari Act 1878, The Revenue Recovery Act 1890, The Land Acquisition Act 1894, The Stamp Act 1899, Sindh Detilati Act 1939, Sindh Holy Quran Act 1940, Sindh Cattle and Fodder Control Act 1947, Sindh Rural Credit and Land Transfer Act 1947, Sindh Urban Immovable Property Tax Act 1958, Sindh Entertainment Duty Act 1958, Sindh Epidemic Diseases Act 1958, Sindh Redemption and Restitution of Mortgaged Land Act 1964, Sindh Land Revenue Act 1967 and Sindh Regulation Act 1927.
The amended ordinances are Sindh Vagrancy Ordinance 1958, Sindh Vaccination Ordinance 1958, Sindh Prohibition of Opium Smoking Ordinance 1960, Sindh Prohibition of Smoking in Cinema Houses Ordinance 1960, Sindh Maintenance of Public Order Ordinance 1960, Sindh Wildlife Protection Ordinance 1972, Sindh Prevention of Gambling Ordinance 1978, Sindh Land Tax and Agriculture Ordinance 2000, Colonization of Government Lands Act 1912, Agriculture Produce Market Act 1939.
The other laws amended also include Acts of the provincial assembly of Sindh. They are Sindh Crimes Control Act 1975, Sindh Public Property (Removal of Encroachment) Act 1975 and Sindh Goth Abad (Housing Scheme) Act 1987.
The amendment ordinance shall come in force at once and be deemed always to have taken effect from Aug 14. Through the ordinance, the nomenclature of the government offices has been changed.
The ordinance provides that the word Collector shall be substituted with District Officer (Revenue) in the Land Improvement Loan Act 1883. In The Revenue Recovery Act 1890 the words Collector and Commissioner shall be replaced with Executive District Officer (Revenue). In the Stamps Act, the word Collector shall be replaced by Chief Inspector of Stamps, Board of Revenue. The word Deputy Commissioner shall be substituted with the words District Officer (Revenue) in The Land Acquisition Act 1894.
The word Commissioner in The Land Preservation Act 1900 has been substituted with Executive District Officer Revenue. Amending the Forest Act 1927, the word Ranger has been replaced with Deputy District Officer Forests. In the Charitable Funds Act 1953, the word Commissioner has been substituted with District Coordination Officer and the word District Magistrate has been replaced by Executive District Officer Revenue.
In the Sindh Abkari (Excise) Act 1878, the word Collector has been changed with Director Excise & Taxation, the word Collector with District Officer Revenue and Commissioner with Executive District Officer Revenue in the Sindh Irrigation Act 1879. The word Commissioner shall be replaced with Executive District Officer Revenue, Collector with District Officer Revenue, Assistant or Deputy Collector with Deputy District Officer Revenue and word Division with District in Sindh Court of Wards Act 1905.
In the Sindh Cooperative Societies Act 1925, the word Commissioner shall be substituted with Executive District Officer Revenue and Collector with District Officer Revenue. The word District Magistrate in the Sindh Detilati Act 1939, the word Judicial Magistrate shall substitute and in the Sindh Holy Quran Act 1940, the word District Magistrate will be replaced by District and Sessions Judge. The word District Magistrate in the Sindh Cattle And Fodder Control Act 1947 will be replaced with District Officer Revenue.
The amendment to the Sindh Adult Education Act 1950 says that for the word District Magistrate, the words “an officer empowered by the provincial government in this behalf” be substituted whereas the word District Magistrate elsewhere shall be substituted with The Provincial Government and the word District shall be omitted.
In the Sindh Tenancy Act 1950, the words Assistant or Deputy Collector shall replace the words Deputy District Officer Revenue and for the word Collector, the words District Officer Revenue shall substitute. In the Sindh Trusted Schools Act 1955, the words District Magistrate, a Sub-Divisional Magistrate shall be omitted while the word District Magistrate shall be substituted with Sessions Judge. The word District Magistrate shall substitute the word Judicial Magistrate in the Sindh Children Act 1955.
The amendment to the Sindh General Clauses Act 1956 envisages that District Officer Revenue shall be the Chief Officer Incharge of Revenue Administration of the District and local authority shall mean the local government. In the Sindh Epidemic Diseases Act 1958, the word Deputy Commissioner has been substituted with District Officer Health (Medical & Public Health).
The amendment to the Sindh Land Revenue Act 1967 provides for substituting the words Sub-Division with Taluka and Divisions with Districts. It empowers the government to vary the number and limits of Districts and Talukas in the province. It also provides for appointment of Executive District Officer Revenue and District Officer Revenue in each district besides appointment of Additional Executive District Officer Revenue and Additional District Officer Revenue. The Mukhtiarkar Revenue of a Taluka shall exercise the powers of Assistant District Officer Revenue.
The words District Magistrate shall be substituted with District Officer Social Welfare in the Sindh Vagrancy Ordinance 1958. Deputy Commissioner shall be replaced by District Officer Health in the Sindh Vaccination Ordinance 1958. The word Collector shall be replaced by District Officer Excise in the Sindh Prohibition of Opium Ordinance 1960. District Officer Health shall replace the word District Magistrate in the Sindh Prohibition of Smoking in Cinema Houses Ordinance 1960. In the Sindh Pure Food Ordinance 1960, the words Deputy Commissioner shall be replaced with Taluka Nazim or Town Nazim as the case may be and for the word Commissioner, the words District Coordination Officer shall be substituted.
Amending the Sindh Public Order Ordinance 1960, sub-section 2 and 4 have been omitted while in sub-section 6, the words ‘ the authority making the order” has been substituted with the word “Government”. in sub-section 8, the word District Magistrate has been omitted while in sub-section 10, words District Magistrate has been replaced with the words “ Government or any person authorised by it in this behalf.” In section 4, the words “ or other authority making arrest or directing the arrest of a person under section 3” shall be omitted. In sub-section (1) of section 5, words District Magistrate shall be omitted. sub-section 2 and 3 of section 5 shall be omitted. In sub-section (4) of section 5, for the words “ and an order made by the District Magistrate may specify as such area the whole district or any part thereof” and in the proviso, the words “ and no such order made by the District Magistrate shall direct the exclusive or removal from the district of any person ordinarily resident in that district” shall be omitted.
Amending sub-section (5) of section 5, it says that words Authority making the order shall be replaced with the word Government and for the proviso following shall be substituted: Provided that government may refuse to disclose the facts which it considers to be against in the public interest to disclose.
The word Commissioner in the Sindh Crimes Control Act 1975, the words District Coordination Officer shall substitute. In section 20 of the Act, for the word District Magistrate, the words District Coordination Officer shall be substituted. Substitution of section 23 provides that District Coordination Officer may by order in writing transfer a case for one tribunal to another in the district.
The amendment to the Sindh Public Property Removal of Encroachment Act 1975 provides that the government may appoint a District Judge, Additional District Judge or Senior Civil Judge as a Tribunal. The powers of Collector have been delegated to the District Officer Revenue through an amendment to the Sindh Goth Abad Housing Scheme Act 1987.
Amending the Colonization of Government Lands Act 1912, the word Commissioner has been changed with Executive District Officer Revenue and Collector with District Officer Revenue. In the Agricultural Produce Market Act 1939, the word Deputy Commissioner shall be substituted with District Coordination Officer whereas in sub-section 2 of the section 21-A of the Act, the word Commissioner shall be substituted with the word Government.—PPI
