{ "schema_version": "qanun-law-text/1", "id": "punjab-code-c1c340a9ac7e0ab1", "title": "CRIMINAL LAW (SPECIAL PROVISIONS) ORDINANCE, 1968", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BzJUYQs4VGY-", "version": null, "source_snapshot": "2026-08-06T16:31:37Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "344ca29e361fc20695628539bb4c4997da13be6f318a940c35d4ee84da0b8c33", "source_sha256": "344ca29e361fc20695628539bb4c4997da13be6f318a940c35d4ee84da0b8c33", "text_version_id": "law:punjab-code-c1c340a9ac7e0ab1:sha256:344ca29e361fc20695628539bb4c4997da13be6f318a940c35d4ee84da0b8c33", "quality_flags": [], "encoding": "UTF-8", "text": "THE CRIMINAL LAW (SPECIAL PROVISIONS) ORDINANCE, \r\n1968 \r\n(II of 1968) \r\nCONTENTS \r\n1. Short title and extent. \r\n2. Definitions. \r\n3. Trial of scheduled offences. \r\n4. Cognizance of scheduled offences. \r\n5. Question of guilt or innocence to be referred to Tribunal. \r\n6. Constitution of Tribunal. \r\n7. Reference of question to a new Tribunal in certain cases. \r\n8. Quorum. \r\n9. Procedure before the Tribunal. \r\n10. Tribunal to have certain powers of a Court. \r\n11. Action upon the report of the Tribunal. \r\n12. Punishment. \r\n13. Compensation. \r\n14. Women punishable for adultery. \r\n15. Scheduled offences to be cognizable. \r\n16. Bail. \r\n17. Security for keeping the peace. \r\n18. Power to demand security from male adult members of families. \r\n19. Procedure for enquiry. \r\n20. Breach of bond. \r\n21. Imprisonment in default of security. \r\n22. Collective fine. \r\n23. Appeal. \r\n24. Revision. \r\n25. Execution of sentence. \r\n26. Suspension, remission, etc., of sentences. \r\n27. Appearance of legal practitioners. \r\n28. Jurisdiction of Courts barred. \r\n29. Indemnity. \r\n30. Delegation. \r\n31. Power to make rules. \r\n32. Pending proceedings. \r\n33. Repeal. \r\nSCHEDULE \r\n \r\nTEXT \r\n1\r\nTHE CRIMINAL LAW (SPECIAL PROVISIONS) ORDINANCE, 1968 \r\n(II of 1968) \r\n[12 June 1968] \r\nAn \r\nOrdinance \r\nto make special provision for trial of certain offences in certain areas of West \r\nPakistan. \r\nPreamble.– WHEREAS it is necessary to make special provision for trial of certain \r\noffences in certain areas of West Pakistan to meet the special requirements of those \r\nareas; \r\n AND WHEREAS the Provincial Assembly of West P akistan is not in session \r\nand the Governor of West Pakistan is satisfied that circumstances exist which render \r\nimmediate legislation necessary; \r\n NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) \r\nof Article 79 of the Constitution, the Governor of West Pakistan is pleased to make \r\nand promulgate the following Ordinance:- \r\n1. Short title and extent .– (1) This Ordinance may be called the Criminal Law \r\n(Special Provisions) Ordinance, 1968. \r\n (2) It extends to the areas specified in the Schedule. \r\n \r\n2\r\n[(3) Government may, by no tification in the official Gazette, direct that this \r\nOrdinance shall, on such date as may be specified in the notification, cease to be in \r\nforce in any area in which it is in force and, upon its so ceasing to be in force in a ny \r\narea, shall be deemed to have been repealed.] \r\n2. Definitions.– (1) In this Ordinance, unless there is anything repugnant in the \r\nsubject or context– \r\n(a) “Commissioner” means the Chief Officer -in-Charge of the Revenue \r\nadministration of a Division, and inc ludes any other officer who is \r\nspecially empowered by Government to exercise the powers and \r\nfunctions of a Commissioner under this Ordinance; \r\n(b) “Deputy Commissioner” includes any officer exercising or performing \r\nany power or function of a Deputy Commissioner under this Ordinance; \r\n(c) “Government” means the \r\n3\r\n[Provincial Government]; \r\n \r\n1This Ordinance was promulgated by the Governor of West Pakistan on J anuary 16, 1968; approved by the Provincial \r\nAssembly of West Pakistan, with amendments, on May 23, 1968, under clause (3) of Article 79 of the Constitution of the Islamic \r\nRepublic of Pakistan (1962); assented to by the Governor of West Pakistan on June 11, 1968; published in the Gazette of West \r\nPakistan (Extraordinary), dated June 12, 1968, pp. 2155-F-2155-O. \r\n2Added by the Criminal Law (Special Provisions) (Amendment) Ordinance, 1968 (W.P. Ord. IX of 1968), published in the Gazette \r\nof West Pakistan (Extraordinary), dated September 16, 1968, s. 2, pp. 3337-3338. \r\n3Substituted for the words “Government of West Pakistan” by the Federal Adaptation of Laws Order, 1975 (4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), Part I, dated August 1, 1975, Article 2(1) read with Schedule, pp. 435-467. \r\n(d) “party” means the accused and the person or persons primarily \r\ninterested in the prosecution of the case, including the prosecutor, if \r\nany; \r\n(e) “scheduled offence” means a n offence made punishable by th e \r\nPakistan Penal Code (XLV of 1860), other than an offence specified in \r\nsection A of Part I of the Schedule to the Conciliation Courts \r\nOrdinance, 1961 (XLIV of 1961); \r\n(f) “Tribunal” means a Tribunal constituted under section 6. \r\n (2) Words and expressions us ed in this Ordinance but not herein defined \r\nshall have the meanings assigned to them in the Pakistan Penal Code (XLV of 1860) \r\nand the Code of Criminal Procedure, 1898 (V of 1898). \r\n3. Trial of scheduled offences.– (1) Notwithstanding anything contained in a ny \r\nother law for the time being in force , \r\n1\r\n[but subject to the provisions of section 5] no \r\nscheduled offence shall be tried except in the manner provided by this Ordinance. \r\n (2) Except as otherwise provided in this Ordinance , the provisions of the \r\nEvidence Act, 1872 (I of 1872), and the Code of Criminal Procedure, 1898 (V of \r\n1898), shall not apply to any proceedings under this Ordinance. \r\n4. Cognizance of scheduled offences .– (1) The Deputy Commissioner shall \r\nhave exclusive jurisdiction to take cognizance of a scheduled offence committed \r\nwithin the district to which he is so appointed for the time being; and such \r\ncognizance may be taken by him– \r\n(a) upon receiving a complaint of facts which constitute such offence; \r\n(b) upon a report in writing of such facts made by a police officer; or \r\n(c) upon information received from any person other than a police officer \r\nor upon his own knowledge or suspicion that such offence has been \r\ncommitted: \r\n Provided that cognizance of an offence under section 14 shall not be taken \r\nexcept upon a complaint made by the husband of the woman, or in his absence by \r\nsome person who had the care of such woman on his behalf at the time when such \r\noffence was committed. \r\n (2) When the Deputy Commissioner takes cogn izance of a scheduled \r\noffence under clause (c) of sub -section (1), he shall, before constituting a Tribunal \r\nunder section 5, inform the accused that he is entitled to have the case decided by \r\nanother Deputy Commissioner, and if the accused, or any of the a ccused, if there be \r\nmore than one, objects to the case being decided by the Deputy Commissioner who \r\nhas so taken cognizance of the offence, the matter shall be reported to the \r\nCommissioner, who shall transfer the case to another Deputy Commissioner and the \r\nDeputy Commissioner to whom the case is so transferred shall proceed in the matter \r\nprovided in section 5. \r\n (3) Where a person is accused of more offences than one and any such \r\noffence is not a scheduled offence, the Deputy Commissioner shall proceed in \r\n \r\n1Inserted by the Criminal Law (Special Provisions) (Punjab Amendment) Ordinance, 1972 (VII of 1972), published in the Punjab \r\nGazette (Extraordinary), dated March 31, 1972, pp. 327-328, s. 2. \r\naccordance with the provisions of this Ordinance only in respect of the scheduled \r\noffence or offences. \r\n (4) Where it appears to any Magistrate, Court or other authority enquiring \r\ninto or trying any offence that such offence is a scheduled offence, such Magis trate, \r\nCourt or authority shall stay further proceedings in respect of such offence and refer \r\nit to the Deputy Commissioner for proceeding in accordance with the provisions of \r\nthis Ordinance. \r\n5. Question of guilt or innocence to be referred to Tribunal .– The Deputy \r\nCommissioner taking cogniza nce of a scheduled offence shall constitute a Tribunal \r\nin accordance with section 6 and refer the question of the guilt or innocence of the \r\nperson or person accused of such offence to the decision of such Tribunal \r\n1\r\n[:] \r\n \r\n2\r\n[Provided that if a scheduled offen ce is punishable with death, the Deputy \r\nCommissioner may, if he deems fit, entrust the case to a criminal Court having \r\njurisdiction therein to deal with the case in accordance with the provisions of law \r\napplicable thereto.] \r\n6. Constitution of Tribunal .– (1) A Tribunal constituted for the purpose of \r\nsection 5 shall consist of a Government official, not below the rank of Naib -Tehsildar, \r\nwho shall be its President, and four other members, all to be appointed by the \r\nDeputy Commissioner. \r\n (2) In appointing a per son as a member, other than the President, the \r\nDeputy Commissioner shall have regard to the integrity, education, social status and \r\nrepresentative character of such person. \r\n (3) No person shall be appointed as a member of the Tribunal, other than \r\nthe Presid ent, except after giving the parties concerned an opportunity of being \r\nheard and considering objections, if any, to the appointment of such person. \r\n7. Reference of question to a new Tribunal in certain cases .– (1) Where a \r\nTribunal declines or fails to give a finding on a question referred to it under section 5, \r\nor misconducts itself, or where, by reason of death or illness or absence from the \r\ncountry of any member or for any other sufficient cause, the Tribunal is, in the \r\nopinion of the Deputy Commissioner, unable to perform its functions, the Deputy \r\nCommissioner shall, unless he proceeds in accordance with the provisions of sub -\r\nsection (2), by order in writing, stating the reasons therefor, constitute another \r\nTribunal in accordance with section 6 and refer the question to the Tribunal so \r\nconstituted. \r\n (2) If any member of the Tribunal dies, refuses to act, becomes \r\nincapacitated from acting or fails to attend any two meetings of the Tribunal without \r\nsufficient cause to t he satisfaction of the President of the Tribunal, the President \r\nshall refer the matter to the Deputy Commissioner, who shall, as soon as may be, \r\nappoint another member in place of the defaulting member in accordance with the \r\nprovisions of sub-sections (2) and (3) of section 6. \r\n \r\n1Replaced for full stop by the Criminal Law (Special Provisions) (Punjab Amendment) Ordinance, 1972 (VII of 1972), published in \r\nthe Punjab Gazette (Extraordinary), dated March 31, 1972, pp. 327-328, s. 3. \r\n2Added by the Ordinance ibid. \r\n8. Quorum.– The Tr ibunal shall not conduct any proceedings unless the \r\nPresident and at least three other members are present. \r\n9. Procedure before the Tribunal .– (1) For the purpose of coming to a finding \r\non a question referred to it, the Tribunal shall give opportunity to t he parties to \r\nappear before it and proceed to hear the complainant, if any, and record such \r\nevidence as may be adduced in respect of the accusation or on behalf of the \r\naccused, or as may be called for by the Tribunal: \r\n Provided that the Tribunal may in its discretion refuse to take or hear any \r\nevidence which in its opinion is being tendered for the purpose of causing vexation \r\nor delay or for defeating the ends of justice: \r\n Provided further that the provisions of secti ons 121 to 126 of the Evidence \r\nAct, 1872 (I of 1872) shall apply to any proceedings before a Tribunal as they apply \r\nto proceedings before a Judge or a Magistrate. \r\n (2) The Tribunal shall give the parties an opportunity of cross -examining \r\nthe witnesses deposing against them. \r\n (3) The Tribunal may administer oath to a witness in such form or manner, \r\nnot inconsistent with the religion of the witness, as it deems fit. \r\n10. Tribunal to have certain powers of a Court.– For the purpose of the \r\nperformance of its fun ctions under this Ordinance, the Tribunal sh all have the same \r\npowers as are vested in a Court under the Code of Criminal Procedure, 1898 (V of \r\n1898), in respect of enforcing the attendance of any witness or the production of any \r\ndocument or other thing. \r\n11. Action upon the report of the Tribunal.– (1) The finding of the Tribunal on a \r\nquestion referred to it under section 5 shall be submitted to the Deputy \r\nCommissioner in the form of a report containing the reasons for such finding. \r\n (2) Upon receipt of a re port of the Tribunal, the Deputy Commissioner \r\nmay, if the report does not give a finding on the question referred to the Tribunal or \r\nany substantial part thereof, or if he is of opinion that there has been material \r\nirregularity or that the proceedings of t he Tribunal have been so conducted as to \r\noccasion a miscarriage of justice, remand the question to the Tribunal or refer the \r\nquestion to a second Tribunal constituted in accordance with section 6. \r\n (3) Where the Tribunal unanimously or by a majority of fou r-fifths reports a \r\nfinding of guilty, the Depu ty Commissioner may , if he does not proceed under sub -\r\nsection (2), either convict and pass sentence on, or acquit, the person or persons so \r\nfound guilty. \r\n (4) Where the Tribunal unanimously or by a majority of four-fifths reports a \r\nfinding of not guilty, th e Deputy Commissioner shall, if he does not proceed under \r\nsub-section (2), acquit the person or persons so found not guilty. \r\n (5) Where the Tribunal reports a finding either of guilty or of not guilty by a \r\nmajority of less than four -fifths, the Deputy Commi ssioner shall, if he does not \r\nproceed under sub-section (2), acquit the accused person or persons. \r\n (6) Where the Deputy Commissioner remands or refers under sub -section \r\n(2) a question, he shall– \r\n(a) if the T ribunal, on such remand or reference, unanimously or by a \r\nmajority of not less than four -fifths reports a finding of guilty, convict \r\nand pass sentence on the accused; and \r\n(b) in any other case, acquit the accused. \r\n (7) The Deputy Commissioner shall, before passing any order under this \r\nsection, give the accused an opportunity of being heard and shall record reasons for \r\nevery such order. \r\n (8) The order of the Deputy Commissioner under this section, either \r\nconvicting or acquitting any accused, shall be announc ed in the presence of the \r\naccused and a copy thereof shall be furnished to the parties free of cost. \r\n12. Punishment.– Where the Deputy Commissioner convicts a person under \r\nsection 11– \r\n(a) he shall pass upon him any sentence of fine, whatever may be the \r\npunishment provided for the offence in the Pakistan Pe nal Code, 1860 \r\n(XLV of 1860); \r\n(b) he may, in lieu of, or in addition to, such fine– \r\n(i) pass a sentence of imprisonment of either description for a term \r\nwhich may extend to seven years; or \r\n(ii) in respect of any offence punishable with transportation or \r\nimprisonment of either description not exceeding five years; \r\n(iii) subject to confirmation by the Commissioner, pass a sentence \r\nof transportation or imprisonment of either description for a term \r\nexceeding seven years but not exceeding fourteen years; or \r\n(iv) subject to the provisions of section 393 of the Code of Criminal \r\nProcedure, 1898 (V of 1898), pass a sentence of whipping, or of \r\nwhipping and imprisonment of either description not exceeding \r\nfive years: \r\n Provided that no sentence of whipping shall be pass ed for an offence under \r\nsections 121, 121 -A, 122, 123, 124 -A, 125, 126, 127, 144, 150, 216, 216 -A, 400, \r\n401, 402, 494 or 495 of the Pakistan Penal Code (XLV of 1860): \r\n Provided further that no sentence of transportation or imprisonment shall be \r\npassed for an offence for a term exceeding that provided for that offence under the \r\nPakistan Penal Code 1860 (XLV of 1860). \r\n13. Compensation.– (1) Where the Deputy Commissioner passes any sentence \r\nof fine for an offe nce, he may, at the time of passing the sentence, o rder the whole \r\nor any part of the fine recovered to be applied in payment of compensation for any \r\nloss or injury, whether of person or of property, caused to any person by the offence. \r\n (2) Where a person has received any such compensation as a full \r\ndischarge of the civil liability of the accused to such person on account of the loss or \r\ninjury mentioned in sub -section (1), no Civil Court or any authority performing the \r\nfunctions of a Civil Court shall take cognizance of a claim to compensation based on \r\nsuch loss or injury. \r\n (3) Where a person entitled to receive compensation under sub -section (1) \r\ndies before receiving it, the amount of the compensation may be paid to the heirs of \r\nsuch person to be determined by the Deputy Commissioner in accordance with the \r\npersonal law of the deceased. \r\n14. Women punishable for adultery.– A married woman who, knowingly and by \r\nher own consent, has sexual intercourse with any man who is not her husband shall \r\nbe punishable with imprisonment for a term which may extend to five year s, or with \r\nfine, or with both. \r\n15. Scheduled offences to be cognizable .– (1) All scheduled offences shall be \r\ncognizable. \r\n (2) Any private person may arrest or cause to be arrested any person who \r\nis reaso nably suspected of being concerned in any scheduled of fence or against \r\nwhom a reasonable complaint has been made or credible information has been \r\nreceived or a reasonable suspicion exists of having been so concerned and, without \r\nunnecessary delay, make over or cause to be made over the person so arrested to a \r\npolice officer or, in the absence of a police officer, take such person so arrested or \r\ncause him to be taken in custody to the nearest police station or State Levies Force. \r\n16. Bail.– (1) A scheduled o ffence shall be bailable or non -bailable according as \r\nthe same is bailable or non -bailable under the Code of Criminal Procedure, 1898 (V \r\nof 1898\r\n1\r\n), and the Deputy Commissioner shall have the same powers of granting bail \r\nto a person or persons accused of an offence as a Court has under that Code. \r\n (2) The Presi dent of a Tribunal may, in regard to a case referred to the \r\nTribunal for decision under section 5, exercise the powers of the Deputy \r\nCommissioner under this section. \r\n17. Security for keeping the peace.– (1) Where the Deputy Commissioner– \r\n(a) is satisfied that any person within his District has either a blood feud, or \r\noccasioned cause of quarrel likely to lead to blood-shed; or \r\n(b) is of opinion that it is necessary for the purpose of preventing murder, \r\nor culpable homicide not amounting to murder, to requir e a person \r\nwithin his District to execute a bond under this section for keeping the \r\npeace, \r\nthe Deputy Commissioner may order the person to execute a bond with or without \r\nsureties (not exceeding two in number), for his good behaviour or for keeping the \r\npeace, as the case may be, during such period, not exceeding three years, as the \r\nDeputy Commissioner may fix. \r\n (2) The Deputy Commissioner may make an order under sub-section (1)– \r\n(a) on the recommendation of a Tribunal; or \r\n(b) after enquiry as provided in section 19. \r\n (3) Pending the completion of an enquiry for the purposes of sub -section \r\n(2), the Deputy Commissioner may, if he considers that immediate measures are \r\n \r\n1Misprinted in the Gazette as “1998”. \r\nnecessary for preventing any offence referred to in sub-section (1), direct a person in \r\nrespect of whom the enquiry is to be held, to execute a bond, with or without sureties \r\n(not exceeding two in number), for keeping the peace or maintaining good behaviour \r\nfor a period not exceeding one month, and detain him in custody till such bond is \r\nexecuted. \r\n (4) Where a person has been convicted in accordance with the finding of a \r\nTribunal of an offence punishable under section 302, section 304, section 307 or \r\nsection 308 of the Pakistan Penal Code (XLV of 1860), the Deputy Commissioner, at \r\nthe time of passing th e sentence, or the Commissioner, at the time of deciding the \r\nappeal, may make an order under sub-section (1) with respect to that person. \r\n (5) Where the Deputy Commissioner makes an order under sub -section \r\n(1) on the recommendation of a Tribunal , he shall r ecord his reasons for acting on \r\nthe recommendation. \r\n (6) Where the Commissioner or the Deputy Commissioner is of opinion \r\nthat sufficient grounds exist for making an order under sub -section (1), he may, \r\neither in lieu of, or in addition to, such order, by order in writing, direct that the person \r\nconcerned shall notify his residence and any change of residence in the manner \r\nprescribed by section 565 of the Code of Criminal Procedure, 1898 (V of 1898), \r\nduring such term, not exceeding three years, as may be specified in the order. \r\n18. Power to demand security from male adult members of families .– Where \r\na blood-feud or other cause of quarrel likely to lead to blood -shed exists, or in the \r\nopinion of the De puty Commissioner, is likely to arise between two families o r \r\nfactions, the Deputy Commissioner may , on the recommendation of a Tribunal or \r\nafter enquiry as provided in section 19, order all or any of the male adult members of \r\nboth the families or factions of either family or faction to execute a bond, with or \r\nwithout sureties, for their good behaviour or for keeping the peace, as the case may \r\nbe, during such period, not exceeding three years, as he may fix. \r\n19. Procedure for enquiry .– (1) An enquiry for th e purposes of section 17 or \r\nsection 18 shall be conducted in the presence of the person or persons required to \r\nfurnish a bond and shall provide an adequate opportunity to such person or \r\npersons– \r\n(a) of showing cause why a bond should not be required; \r\n(b) of cross -examining any witnesses not called for by himself or \r\nthemselves, who may testify to the necessity or otherwise for the \r\nexecution of a bond; \r\n(c) of having his or their witnesses examined: \r\n Provided that the Deputy Commissioner may, in his discretion , refuse to hear \r\nany evidence which he feels is being tender ed for the purposes of vexation or delay \r\nor for defeating the ends of justice: \r\n Provided further that the provisions of sections 121 to 126 of the Evidence \r\nAct, 1872 (I of 1872), shall apply to pr oceedings under this section as they apply to \r\nproceedings before a Judge or a Magistrate. \r\n (2) The Deputy Commissioner shall record his order under this section \r\nwith the reason for making it. \r\n20. Breach of bond.– (1) A bond executed under section 17, shall be liable to be \r\nforfeited, if the person bound thereby to be of good behaviour or to keep the peace, \r\nas the case may be, commits or attempts to commit, or abets the commission of, any \r\noffence punishable under Chapter XVI of the Pakistan Penal Code, 1860 ( XLV of \r\n1860). \r\n (2) A bond executed under section 18 shall be l iable to be forfeited, if the \r\nperson bound thereby to be of good behaviour or to keep the peace, as the case \r\nmay be, commits or attempts to commit, or abets the commission of, any offence \r\npunishable with imprisonment in respect of any member of the opposit e family or \r\nfaction to which the bond related. \r\n (3) If, while a bond executed under section 18 is in force, the life of any \r\nmember of either family or faction is unlawfully taken or attempted, t he Deputy \r\nCommissioner may declare the bond of all or any of th e members of the other family \r\nor faction along with their sureties (if any) to be forfeited, unless it is shown to his \r\nsatisfaction that the homicide or attempt was not committed by, or in consequence of \r\nthe abetment of, any member of that family or faction. \r\n21. Imprisonment in default of security .– (1) Where a person ordered to give \r\nsecurity under section 17 or section 18, does not give security on or before the date \r\non which the period for whi ch the security is to be given commences, he shall be \r\ncommitted to prison, or, if he is already in prison, be detained in prison until that \r\nperiod expires, or until within that period he furnishes the required security. \r\n (2) Imprisonment for failure to giv e security under section 17 or section 18 \r\nmay be rigorous or simple, as the officer requiring the security directs in each case. \r\n22. Collective fine .– (1) Where from the circumstances of any case, there \r\nappears to be good reason to believe that the inhabit ants of any village, or part of a \r\nvillage, or any of them have– \r\n(a) abetted or are concerned in the commission of any scheduled offence; \r\nor \r\n(b) failed to render, when called upon by the Deputy Commissioner or any \r\npublic servant, assistance in their power t o discover the offender \r\nconcerned in the commission of any scheduled offence; or \r\n(c) harboured any offender or person suspected of having taken part in the \r\ncommission of a scheduled offence; \r\nthe Deputy Commissioner may, with the previous sanction of Govern ment, \r\nimpose any reasonable fine on the male adult inhabitants o f such village or part of a \r\nvillage, or any of them as a whole, as the case may be, after holding a summary \r\nenquiry and affording them an opportunity of showing cause against the proposed \r\naction. \r\n (2) The Deputy Commissioner after such enquiry as he may dee m \r\nnecessary, shall apportion the fine imposed under sub -section (1) among the \r\ninhabitants of the village or part of the village who are liable collectively to pay it, and \r\nsuch apportionment s hall be made according to his judgment of the respective \r\nmeans of such inhabitants. \r\n (3) A fine imposed under this section shall, in default of payment, be \r\nrecoverable as if it were an arrear of land -revenue due from the inhabitants of the \r\nvillage or part thereof, upon whom the fine is imposed. \r\n23. Appeal.– (1) Any party aggrieved by any decision given, sentence passed or \r\norder made, by the Deputy Commissioner under this Ordinance may, within thirty \r\ndays of such decision, sentence or order, prefer an appeal to the Commissioner. \r\nExplanation.– In computing the period of thi rty days mentioned in this sub -section, \r\nthe day on which the decision, sentence or order sought to be appealed against was \r\ngiven, passed or made, and the time requisite for obtaining a copy thereof, shall be \r\nexcluded. \r\n (2) The Commissioner shall not confirm , modify, alter or set aside any \r\ndecision, sentence or order appealed against except after giving the parties an \r\nopportunity of being heard. \r\n (3) The Commissioner may, in deciding an appeal under sub-section (1), \r\nexercise all or any of the powers conferred on an appellate Court by the Code of \r\nCriminal Procedure, 1898 (V of 1898), and may also enhance any sentence: \r\n Provided that no sentence shall be passed by the Commissioner in such \r\nappeal which the Deputy Commissioner could not have passed under this \r\nOrdinance. \r\n (4) The decision of the Commissioner on an appeal under this section \r\nshall be final. \r\n24. Revision.– (1) Government may, at any stage, call for and examine the \r\nrecord of any proceedi ngs pending before, or disposed of by, a Commissioner, \r\nDeputy Commiss ioner or Tribunal for the purpose of satisfying itself as to the \r\ncorrectness, legality or propriety of any decision, sentence or order given, passed or \r\nmade, or as to the regularity of an y such proceedings and may when calling for such \r\nrecord, direct that the execution of any sentence be suspended and, if the accused is \r\nin confinement, that he be released on bail or on his own bond pending the \r\nexamination of the record: \r\n Provided that noth ing herein contained shall be deemed to authorize \r\nGovernment to vary or set aside a finding of a Tribunal on a question of fact where \r\nsuch finding has been accepted by the Deputy Commissioner unless it is of opinion \r\nthat there has been a material irregular ity or defect in the proceedings or that the \r\nproceedings have been so conducted as to occasion a miscarriage of justice. \r\n (2) Government may, after examining any record called for under sub -\r\nsection (1), and giving the parties an opportunity of being heard, pass such orders as \r\nit may think fit: \r\n Provided that no sentence shal l be passed by Government in the exercise of \r\nits powers under this sub -section which the Deputy Commissioner could not have \r\npassed under this Ordinance. \r\n25. Execution of sentence .– Where a sentence of fine passed under this \r\nOrdinance does not provide for i mprisonment in default of payment of the fine, the \r\namount of the fine shall be recoverable as arrears of land revenue, and any other \r\nsentence, including a sentence of imprisonment in def ault of payment of fine, shall \r\nbe executed in the manner provided for the execution of such sentence passed by a \r\nCourt under the Code of Criminal Procedure, 1898 (V of 1898). \r\n26. Suspension, remission, etc., of sentences .– Government shall have the \r\nsame po wers of suspension, remission and commutation in respect of sentences \r\npassed under this Ordinance as it has under sections 401 and 402 of the Code of \r\nCriminal Procedure, 1898 (V of 1898), in respect of sentences passed under that \r\nCode. \r\n27. Appearance of le gal practitioners .– In proceedings under this Ordinance \r\nbefore the Tribunal, the Deputy Commissioner, the Commissioner and Government, \r\nthe parties shall be entitled to be represented by a legal practitioner of their choice. \r\n28. Jurisdiction of Courts barre d.– Except as otherwise provided in this \r\nOrdinance, no proceedings und er this Ordinance, and no decision given, sentence \r\npassed or order made in any such proceeding, shall be called in question in any \r\nCourt or before any other authority. \r\n29. Indemnity.– No suit, prosecution or other legal proceeding shall lie against \r\nany person for anything which is in good faith done or intended to be done under or \r\nin pursuance of this Ordinance or any rule or order made thereunder. \r\n30. Delegation.– The Deputy Commissioner may authorize any officer not below \r\nthe rank of an Extra Assistant Co mmissioner to exercise or perform all or any of his \r\npowers or functions under this Ordinance. \r\n31. Power to make rules .– (1) Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Ordinance. \r\n (2) In particul ar, and without prejudice to the generality of the foregoing \r\nprovisions, such rules may provide for all or any of the following matters, namely:- \r\n(a) the offences which may be compounded; \r\n(b) the persons by whom and the manner in which an offence may be \r\ncompounded; \r\n(c) the procedure regarding appeal and revision; \r\n(d) the maintenance of record s of the Tribunal and those of the Deputy \r\nCommissioner and the Commissioner; and \r\n(e) such other m atters as Government may consider necessary for \r\ncarrying into effect the provisions of this Ordinance. \r\n32. Pending proceedings .– Nothing in this Ordinance shall affect the \r\ncontinuance of any proceedings by or before any Magistrate, Court or other authority \r\nin respect of any offence taken cognizance of before the commencement of this \r\nOrdinance. \r\n33. Repeal.– The Quetta and Kalat (Civil and Criminal Law) Ordinance, 1965 \r\n(W.P. Ordinance No.III of 1965), in so far as it relates to the trial of offences and \r\ntaking of security and preventive proceedings, is hereby repealed. \r\nSCHEDULE \r\n[See section 1 (2)] \r\n1. The Divisions of Quetta and Kalat except the Tribal Areas. \r\n2. The District of Lasbela. \r\n3. The Added Areas of Hazara District specified in the First Schedule to t he \r\nNorth-West Frontier Province (Enlargement of the Area and Alteration of \r\nBoundary) Order, 1952 (G.G.O. No.1 of 1952). \r\n4. The Added Areas of Mardan District specified in Schedule A to the North -\r\nWest Frontier Province (Increase of Area and Alteration of Bo undary) Order, \r\n1953 (G.G.O. No.7 of 1953). \r\n5. The Added Areas of Hazara District specified in the First Schedule to the \r\nNorth-West Frontier Province (Enlargement of the Area and Alteration of \r\nBoundary) Order, 1955 (G.G.O. No.13 of 1955). \r\n6. The former excl uded Areas of Upper Tanawal and the Baluch Area of Dera \r\nGhazi Khan spec ified in the Schedule to the Excluded Areas (Cesser of \r\nExclusion) (West Pakistan) Order, 1961 (P.O. 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