Courts to be set up at district level: Small Claims Ord okayed
By Our Staff Reporter
ISLAMABAD, May 15: The federal cabinet here on Wednesday approved “Small Claims and Minor Offences Courts Ordinance, 2002” that will allow the setting up of courts at district level and ensure dispensation of speedy justice.
Briefing reporters after the meeting, which was presided over by President Gen Pervez Musharraf, Minister for Information Nisar Memon said that these courts will be established at district level and such other places as the provincial governments may decide.
These courts shall decide specified civil suits of the value which does not exceed one hundred thousand rupees which can be increased/decreased by the respective high courts.
These courts shall also have jurisdiction to try the offences under Pakistan Penal Code, 1860, where the punishment does not exceed three years’ imprisonment or fine or both.
The courts shall attempt to resolve disputes/complaints through conciliation, mediation and arbitration and in case any such settlement is arrived at, the same shall be enforced as a decree or order of the court.
The courts shall maintain a panel of arbitrators (Salis) to be prepared by the respective high courts in consultation with the district judge and president of the local bar association.
In the event of failure of amicable settlement proceedings, the courts shall proceed to determine the suit through prescribed procedure.
In criminal cases the courts shall follow the procedure prescribed by the Criminal Procedure Code, 1898, and the Qanoon-i-Shahadat, 1984 (P.O. No. 10 of 1984).
The courts shall conclude trial within sixty days by holding day to day hearing. The high court may amend the schedule of civil and criminal cases annexed to the draft ordinance.
On coming into force of the draft Ordinance, the Provincial Small Cause Courts Act, 1887 (IX of 1887), shall stand repealed.
The cabinet also approved signing of a tripartite agreement amongst Pakistan, Afghanistan and the UNHCR for repatriation of Afghan refugees from Pakistan. Over 0.53 million Afghan refugees have already left Pakistan since the establishment of the interim government in Kabul.
The cabinet also approved for negotiation and finalization of Transfer of Offenders Ordinance, 2002. The draft Ordinance provides that the competent authority, on the request of the convict, may make an application to the appropriate authority in the home country of the prisoner, for his transfer to his country. Such cases in Pakistan will be processed in the ministry of interior and the secretary will be the competent authority to order transfer of sentenced person.
The cabinet approved conversion of National Institute of Folk and Traditional Heritage (Lok Virsa) into a statutory organisation.
The president directed the ministry of culture to expedite the work for extension of Lok Virsa museum. The ministry was also directed to accelerate the work for construction of a national monument at F-9 Park in Islamabad as it was approved by the cabinet earlier.
The cabinet also approved reconstitution of the Board of Governors for National Fund for Cultural Heritage. The Board will be headed by the federal minister for culture, sports and tourism while eminent people from all the four provinces will be taken on this board.
The meeting approved promulgation of Health Services Academy Ordinance with a view to reorganising the academy to ensure facilities to train medical personnel in public health education.
The proposed HSA shall admit, teach and examine students; and confer degrees, diplomas and certificates to the persons who fulfil the requirements or pass its examinations in accordance with the conditions laid down in the rules and regulations. It will be affiliated with Quaid-e-Azam University for grant of degrees.
The overall control of the proposed HSA shall vest in its Board of Governors to be chaired by the federal minister for health, general supervision and control of the affairs of the HSA shall vest in the executive committee. The executive director shall be the executive head of the HSA.
It has been ensured that the BOG of the HSA shall be guided on questions of policy by the instructions, if any, given to it from time to time by the federal government.
The cabinet also approved signing of re-admission agreement between Italy and Pakistan to provide for facilitating re-admission of the citizens of one contracting party illegally entering or staying in the territory of other contracting party.
