Hazara Forest and Local Government Laws (Amendment) Ordinance, 1978 (No. XVIII of 1978)

Hazara Forest and Local Government Laws (AMENDMENT) ORDINANCE, 1978 (ORDINANCE XVIII OP 1978) [15th No,~mbu 1918) An Ordinance further to amE"nd the Hazara Fore11t Act, 1936 and the Norllr We.t Frontier Pro•iaee Local Gonrnme■t Ordina■ce, 1972. No. Legi•. 1 (17)/71.--The following Ordinance by the Gov-.:rnor of lbe North-Wert frontier Province is hereby published for general information : Preamble -Whereas it is expedient further to amend the Hszara Forest Act, 1936 (N.-W. F. P, Act VI of 193,.,), and the North-.West Frontier Province, Local Government Ordinance, 1972 (N- W. F. P. Ordinance III of 1972), in the manner hereinafter appearing ; And whereas the Governor of the Norlh-.West Frontier Province fa satisfied that circumstances exist which render it necessary to take immediate action ; Now, therefore, in pursuance of the Proclamation of the fifth day of July 1977, read with the Laws (Continuance in force) Order, 1977(C. M. L.A. Or4er No. 1 of 1977), and in exercise of all powers enahling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance : l. Short title and commencE"ment.-( I) This Ordinance may be called tbe Ha1..ara Forest and Local Government Laws (Amendment) Ordinance. ,97R. (2) It shall come into force at once and shall, (a) i11 relation to section 6 of this Ordinance, in so far as it relates to power to impose duty, be deemed to have taken effect on and from the 17th day of March 1971 : and (b) in relation to section 10 of this Ordinance, be deemed to have taken effect on and from the 15th day of Fehruary 1972. 2. Amendment of ■ectlon I of N-.W. F. P. Act VI of 1937.-In the Hazara Forest Act, 1936 (N.-W. F. P. Act VI of 1937), hereinafter referred to as the said Act, in section 1, in subsection (2), in clause (I), for the word "District", the word "Division" shall be substituted. 3. Amendme■t of section 2 of N,~W. F. P. Act VI of 1937.-In the said Act, in section 2 (a) in clause (c), for the words "Hazara (District", the words "District concerned in which the forest is situate" shall be substituted ; 66 Hazara Forest and IAc•I Go•ernment Laws (b) in clause (h). for the wordi "the Mansehra Tehsil of Hazara Di1trict", the words "Mansehra District of Hazara Division" shall be sub• stituted ; (I.') for clause (k), the followina clause shall be substituted, namely ; "(k) "Commissioner" means the Commissioner of Hazara Division or any other officer who may be invested with the powers of Commi•• sioner for the purposes of this Act" ; and (d) lo clause (1), for the words "the Hazara District", the words "Hazara Division" shall be substituted. 4. Ame■dment of section 13 of N.-W. F. P. Act VI of 1937.-ln the said Act, in section 13 in subsection (2), for the words "the Hazara District" the words "Hazara Division" shall be substituted. ~ S. Ame■dment of section 27 of N.-W. F. P. Act VI of 1937.-ln the said Act, in section 27, in subsection (5), for the words "the district", the words "Hazara Divisi.>o" shall be substituted. 6. Substitution of sectlun 28 of N-.W. F. P. Act VI of 1937.-ln the said Act, for section 28, the following section shall be substituted, namely : "'28. Power to impose duty on timber.-The Provincial Government may levy a duty in such manner, at such places and at such rates ad falorum or otherwise, as it may declare by notification in the Official Gazette, on all limber (a) which is p1oduced in Hazara Division ; or (b) which is brought into Hazara Division from any pl11ce outside that Divi~ion ; or (c) which is transported from or through Hazara Division to place outside that Division." 7. Amendment of section 29 of N.-W. F. P. Act VI of 1937.-ln the said Act, in section 29, in clause (a), for the words "Ha2ara District", the words .. Hazara Division" shall be substituted. 8. Amendment of section 29-A of N.-W. F. P. Act VI of 1937.-ln the said Act, in section 29-A, for the words "the Hazara District". the words •· Hazara Division" shall be substituted. 9. Amendment of section 49 of N.-W.F.P. Act VI of 1937.-ln the said Act, in section 49, in the proviso, the words "of the Hazara District", occurr ina at the end, shall be deleted. 10. Ameodment of Fifth Schedule to N.-W. F. P. Ordinance III of 1972 ln tile North· West Frontier Province Local Government Ordinance, 1972 (N .-W. F. P. Ordinance Ill of 1972), hereinafter referred to as the said Ordinance, in the Fifth Schedule, in Part I, for item 6, the followin1 item aball be substituted, namely : "6. Tax on goods exported from or transported tbrouab a local area.". Hazara Forest and Local Go,ernment Law:, 67 11. Valldatloa.-The duty levied, charged, collected or realised in pur suance of any notification issued on or after the 17th day of March 1971, under sections 28 and 29 of the said Act, shall be deemed to have been validly levied, charged, cotlectc:d or realised. and shall not be liable to be refunded, (2) The tax imposed, charged. collected or ualised in pursuance of any order made or notification issued unde~ section 51 of the said Ordinance read with item 6 of Part I of the Fifth Schedule thereto or under corresponding pro yjsions of any other law relating to local Government shall be deemed to have bs:~o validly imposed, charged, collected or realised and all such notifications or order:; shall continue in force and shall b~ d::emed always to have continued in force until altered, repealed, amended or rescincd.