Section 2: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Conciliation Courts Ordinance, 1961: • cognizable offence — a cognizable offence as defined in section 4 of the Code of Criminal Procedure, 1898 (Act V of 1898); • Conciliation Court — a Conciliation Court constituted under this Ordinance; 4[ • Controlling Authority — 5[an officer appointed by Government to be the Controlling Authority for purposes of this Ordinance.] (it extends only to the Islamabad Capital Territory) • Controlling Authority — [Sessions Judge] • decree — a decree as defined in section 2 of the Code of Civil Procedure, 1908 (Act V of 1908) ; • law relating to local government — the Punjab Local Government Ordinance, 1979 (Punjab Ordinance No. VI of 1979), the Sind Local Government Ordinance, 1979 (Sind Ordinance No. XII of 1979), the North­West Frontier Province Local Government Ordinance, 1979 ( N.W.F.P. Ordinance No. IV of 1979), the Baluchistan Local Government Ordinance, 1980 (Baluchistan Ordinance No. II of 1980), the Capital Territory Local Government Ordinance, 1979 (XXXIX of 1979), or, as the case may be, the Cantonments Act, 1924 (II of 1924) ;] • prescribed — prescribed by rules made under this Ordinance ; • Union Council — a Union Council constituted under a law relating to local government and, except in the Schedule, includes a Town Committee so constituted; • ward — a ward, an electoral unit or an electoral ward of a city, municipality or cantonment constituted under a law relating to local government.] This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

2. Definitions.— In this Ordinance, unless there is anything repugnant in the subject or context,— (a) “cognizable offence” means a cognizable offence as defined in section 4 of the Code of Criminal Procedure, 1898 (Act V of 1898); (b) “Conciliation Court” means a Conciliation Court constituted under this Ordinance; 4[(c) “Controlling Authority” means 5[an officer appointed by Government to be the Controlling Authority for purposes of this Ordinance.] (it extends only to the Islamabad Capital Territory) (c) “Controlling Authority” means [Sessions Judge]. (d) “decree” means a decree as defined in section 2 of the Code of Civil Procedure, 1908 (Act V of 1908) ; (e) “District Judge” shall include an Additional District Judge, a Subordinate Judge and a Civil Judge ; 1The Ordinance has been amended in its application to the Province of West Pakistan by West Pakistan Act 13 of 1963, s. 2 (with from the 15th July, 1963); and by West Pakistan Ordinance XI of 1966, ss. 3, 15 and 16 (with effect from the 4th April, 1966). The Ordinance has been extended to the Tribal Areas of Quetta Division by West Pakistan Regulation No. I of 1964, s.2 (with effect from the 25th August,1964). This Ordinance has been repealed in its application to the Province of Punjab, by Punjab Act No. XXXIV of 1975, s. 233. This Ordinance has been amended to the extent of Islamabad Capital Territory, see Ordinance No. XXVII of 1981, s. 5 and 4th Sch. 2The 1st day of March, 1962, see Gaz. of P., 1962, Ext., p. 234c. 3Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 4Subs. ibid., Art. 2 and Sch., for cl. (c). 5Subs. by the Conciliation Courts (Amdt.) Ordinance, 1982 (18 of 1982), s. 2, for “the Deputy Commissioner”. (f) “Government” in relation to any local area in a Province, means the Provincial Government, and in relation to Cantonments, the 1[Federal Government] ; (it extends only to the Islamabad Capital Territory) (f) “Government”, in relation to any local area in a Province, means the Provincial Government, and in relation to Cantonments [and the Islamabad Capital Territory,] the Federal Government. 2[(ff) “law relating to local government” means the Punjab Local Government Ordinance, 1979 (Punjab Ordinance No. VI of 1979), the Sind Local Government Ordinance, 1979 (Sind Ordinance No. XII of 1979), the North­West Frontier Province Local Government Ordinance, 1979 ( N.W.F.P. Ordinance No. IV of 1979), the Baluchistan Local Government Ordinance, 1980 (Baluchistan Ordinance No. II of 1980), the Capital Territory Local Government Ordinance, 1979 (XXXIX of 1979), or, as the case may be, the Cantonments Act, 1924 (II of 1924) ;] (g) “party” shall include any person whose presence as such is considered necessary for a proper decision of the dispute and whom the Conciliation Court adds as a party to such dispute ; 3 [(h) “prescribed” means prescribed by rules made under this Ordinance ; (i) “Union Council” means a Union Council constituted under a law relating to local government and, except in the Schedule, includes a Town Committee so constituted; (ii) “ward” means a ward, an electoral unit or an electoral ward of a city, municipality or cantonment constituted under a law relating to local government.]

Effective date: 1961-01-01

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