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Old Monday, September 07, 2009
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Default Full Text Of Fcr 1901

CHAPTER VI


APPEAL AND REVISION

48. Appeals barred. —

No appeal shall lie from any decision given, decree or sentence passed, order made, or act done, under any of the provisions of this Regulation.

49. Revision. –


The Commissioner may call for the record of any proceeding under this Regulation and revise any decision, decree, sentence or order given, passed or made therein.

50. Powers in exercise of criminal revisional jurisdiction. —

The Commissioner may, in the exercise of his revisional jurisdiction in any criminal proceeding, exercise the power to direct tender of pardon conferred by Section 338, and any of the powers conferred on an Appellate Court by Sections 195, 423, 426, 427 and 428 of the Code of Criminal Procedure 1898, and may-also enhance any sentence.Provided that nothing in this Chapter shall be deemed to authorize the Commissioner to set aside the finding on any question of fact of a Council of Elders, where such finding has been accepted by the Deputy Commissioner, unless he is of opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been so conducted as to occasion a miscarriage of justice.

51. Sentences which may not be passed on revision. —

No sentence shall be passed by the Commissioner in the exercise of his revisional jurisdiction, which the Deputy Commissioner could not have passed under this Regulation.

52. Powers in exercise of civil revisional jurisdiction. —

Nothing in this Chapter shall be deemed to authorize the Commissioner to vary or set aside any decision, decree or order given, passed or made in any civil proceeding under the Regulation, unless he is of opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been so conducted as to occasion a miscarriage of justice or that the decision, decree or order is contrary to good conscience or public policy.

53. Record of reasons. —

Where, in the exercise of his revisional jurisdiction in any proceeding under this Regulation, the Commissioner varies or sets aside any decision, decree, sentence or order, he shall record his reasons for so doing.

29[54. Procedure where the decision, etc. to be revised was given by the officer invested with revisional jurisdiction as Deputy Commissioner.—

No officer shall revise -any decision, decree, sentence, or order given, passed or made by himself in the capacity of Deputy Commissioner.Where any such decision, decree, sentence or order is brought to the notice of an officer invested with revisional jurisdiction under this Regulation with a view to the exercise by him of revisional powers such officer shall report the case to the Provincial Government and it shall be disposed by of the Provincial Government or by an officer other than the reporting officer, appointed by the Provincial Government.]

55. Enforcement of orders made on revision. —

Every order made by the Commissioner in exercise of his revisional jurisdiction shall been forced as if it were an order of the Deputy Commissioner or DistrictMagistrate, as the case may be, and the Deputy Commissioner or District Magistrate shall do all acts and things necessary to give effect thereto.


CHAPTER VII

SUPPLEMENTAL PROVISIONS

56. Recovery of fines, etc., from relatives of person liable. —

Where by a decree passed under Section 8 or by a sentence passed under Section 12, any person belonging to a frontier tribe becomes "liable to pay a fine or other sum of money, the Deputy Commissioner may, I on the recommendation of a Council of Elders and on satisfying himself, that such a course is in accordance with local tribal custom, by order| in writing, direct that the amount shall be recovered from the property movable or immovable, of such of the relatives of fellow tribesmen of the person so liable as may be specified in the order.

57. Power of Deputy Commissioners to order disposal of certain fines.

The Deputy Commissioner may make such order as he thinks fit for the disposal of the proceeds of any fine imposed under Section12, Section 18, or Section 22, and, subject to any order made by the Commissioner under Chapter VI, the proceeds shall be disposed of accordingly.Where, in pursuance of an order made under Sub-section (1), a person has received compensation for an injury out of the proceeds of a fine, so Civil Court shall take cognizance of a claim to compensation based on the same injury.

58. Maintenance of registers. –

Registers shall be kept up, in forms to be approved by the 30[Provincial Government], of all cases dealt with by the Deputy Commissioner and by the Commissioner under this Regulation.

59. Jurisdiction of ordinary Courts in cases under Sections 29, 30 and 37.

An offence punishable under Section 29 or Section 30 maybe tried by a Court of Session or by the Court of a Magistrate of the first class. An offence punishable under Section 37 may be tried by any Magistrate of the first class.

60. Finality of proceedings under Regulation. —

Except as therein otherwise provided, no decision, decree, sentence or order given, passed or made, or. act done, under Chapter III, Chapter IV, Chapter V or Chapter VI, shall be called in question in, or set aside by, any Civil or Criminal Court.

61. Application of provisions of Indian Penal Code respecting fines and imprisonment. —

The provisions of Section 61, and those of Sections63 to 74, of the 31Indian Penal Code, shall, subject to the provisions of Section 13 of this Regulation, apply to sentences passed under this Regulation.

62. Power, to make rules. —

The 32[Provincial Government] may make33 rules to carry out the purposes and objects of this Regulation. The court-fee required under the rules framed by the Agent to the Governor-General and Chief Commissioner of Baluchistan through Order No. 1833-V dated the 5th June, 1936 on any document pertaining to criminal cases, or civil cases involving amount not exceeding Rs. 25,000/- are now no longer to be levied with court-fee from 1st August, 1978.Gazette of Baluchistan, Extraordinary, 15th January, 1979.

34[62-A. Power to make rules for the issue and safe custody of rifles and ammunition and for the imposition and recovery of fines. The 35[Central Government] may make rules for the issue and safe custody of rifles and ammunition for border village defence, and for the imposition and recovery of fines for any breach of such rules. Fines imposed for a breach of the rules made under this section may be recovered in the manner laid down in Section 386 of the Code of Criminal Procedure, 1898].

63. — No suit or other legal proceeding shall lie against any person for anything done, or in good faith intended to be done, under this Regulation.

64. Protection for persons acting under Regulation. —

[Repeal.] Repealed by the Repealing Act, 1938 (I of 1938), Section 2 and Schedule 1
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