Ouster Clause

What is Ouster Clause?

Ouster clause is a clause which seeks to exclude the jurisdiction of the
courts. There are detailed rules in different systems to control or limit or
permit such clause. They can have real benefits in allowing parties to agree
to settle their differences quickly, cheaply and without formality.

Meaning of Ouster Clause:

An Ouster or Finality clause is a provision in an Act of Parliament to restrict or
eliminate judicial review in the interests of the smooth administration of
justice

Scope of Ouster Clause:

Ouster clause sometime provided by a particular statute that a decision
taken under it:

Shall be final

Shall be final and conclusive

Shall not be appealable

Shall not be questioned in any legal proceedings whatsoever.

They make the original decision final by attempting to oust the jurisdiction of
the court.

Statutory Ouster Clause:

Where a right is created by statute which also prescribes the manner in
which the right may enforced, the party complaining of any infringement of
such right can only seek such remedy as it provided by that statute.
 Example no 1
Statute Name: WEST PAKISTAN LAND REVENUE ACT (1967)
Chapter Name: Exclusion Of Jurisdiction Of Civil Courts
Section no: 172
Section Name: Exclusion Of Jurisdiction Of Civil Courts In Matters
Within The Jurisdiction
Of Revenue Officers

Provision

(1) Except as otherwise provided by this Act, no Civil Court shall have
jurisdiction in any matter which Government, the Board of Revenue, or any
Revenue Officer, is empowered by this Act to dispose of, or take cognizance
of the manner in which Government, the Board of Revenue, or any Revenue
Officer exercises any powers vested in it or him by or under this Act.

(2) Without prejudice to the generality of the provisions of sub-section (1), a

Civil Court shall not exercise jurisdiction over any of the following matters,
namely:-

(i) Any question as to the limits of any land which has been defined by a
Revenue Officer as land to which this Act does or does not apply;
(ii) Any claim to compel the discharge of any duties imposed by this Act or
any other enactment for the time being in force of any Revenue Officer as
such;
(iii) Any claim to the office of a Village Officer, or in respect of any injury
caused by exclusion from such office, or to compel the discharge of the
duties or a division of the emoluments thereof;
(iv) Any notification directing the making or revision of a record-of-rights;
(v) The framing of a record-of-rights or periodical record, or the preparation,
signing or attestation of any of the documents included in such a record;
(vi) The correction of any entry in a record-of-rights, periodical record or
register of mutations;
(vii) Any notification of the undertaking of the general re-assessment of a
District or Tehsil having been sanctioned by Government;
(viii) Any objection to the amount or rate of any assessment of land revenue
or the period thereof authorized by Government;
(ix) The claim of any person to be liable for an assessment of land revenue
or of any other revenue as assessed under this Act;
(x) The amount of land revenue to be assessed on any estate or to be paid
in respect of any holding under this Act;
(xi) The amount of, or the liability of any person to pay, any other revenue
to be assessed under this Act, or any cess, charge or rate to be assessed on
an estate or holding under this Act or any other enactment for the time being
in force;
(xii) Any claim relating to the allowance to be received by a land-owner who
has given notice of his refusal to be liable for an assessment, or any claim
connected with, or arising out of, any proceedings taken in consequence of
the refusal of any person to be liable for an assessment under this Act;
(xiii) The formation of an estate or determination of its boundaries;
(xiv) Any claim to hold free of revenue any land, mills, fisheries or natural
products of land or water;
(xv) any claim connected with, or arising out of the collection by
Government, or the enforcement by Government of any process for the
recovery of, land revenue or any sum recoverable as an arrear of land-
revenue;
(xvi) Any claim to set aside, on any ground other than fraud, a sale for the
recovery of an arrear of land revenue or any sum recoverable as an arrear of
land revenue;
(xvii) The amount of, or the liability of any person to pay, any cess, fees,
fines, costs or other charge imposed under this Act;
(xviii) Any claim for partition of an estate or holding, or any question
connected with or arising out of, proceedings for partition, not being a
question as to title in any of the property of which partition is sought;
(xix) Any question as to the allotment of land on the partition of an estate or
holding, or as to the distribution of land subject by established custom to
periodical redistribution or as to the distribution of land-revenue on the
partition of an estate or holding or on a periodical re-distribution of land;
(xx) Any question connected with or arising out of or relating to any
proceedings for the determination of boundaries of estates subject to river
action under the provisions of this Act;
(xxi) Any claim regarding boundaries fixed under any of the enactments
hereby repealed or any other law for the time being in force, or to set aside
any order passed by a competent officer under any such law with regard to
boundary marks.

Explanation

The jurisdiction of civil courts is ousted where the subject matter of the suit
concerns with any matters which prescribes in the section 172 of West
Pakistan Land Revenue Act 1967. Because the civil court jurisdiction is
impliedly barred and only the Board of Revenue and Revenue Officers has
exclusive power to take cognizance thereof and dispose of the same.
 2012 SCMR 730
Resumption of State land by Colony Officer due to non-fulfillment of required
pre-conditions by the plaintiff and Jurisdiction of civil court to entertain such
suit but Plaintiff had not availed remedy of appeal under S. 161 of West
Pakistan Land Revenue Act, 1967, thus, jurisdiction of civil court was
impliedly barred and Jurisdiction to resolve such dispute exclusively vested
with Revenue Courts.

Example no 2

Statute Name: THE WEST PAKISTAN FAMILY COURTS ACT, 1964

Chapter Name: Jurisdiction
Section no: 5 & SCHEDULE
Section Name: Jurisdiction
Provision:

(5)Subject to the provisions of the Muslim Family Laws Ordinance, 1961,

and the Conciliation Courts Ordinance, 1961, the Family Courts shall have
exclusive jurisdiction to entertain, hear and adjudicate upon matters
specified in the Schedule.

SCHEDULE

1. Dissolution of marriage
2. Dower
3. Maintenance
4. Restitution of conjugal right
5. Custody of children
6. Guardianship
7. Jactitation of marriage
8. Dowry
9. Personal property and belonging of wife

Explanation
All the family matters are civil in nature and parties expect to get reliefs from the
civil court but the civil court had no jurisdiction in any family matters which are
prescribes in the schedule of West Pakistan Family Courts Act 1964. Only the special
courts like family courts has absolute power to adjudicate the family matter
mentioned in schedule. Any other matter except provided in schedule, fall within
the jurisdiction of any courts according to his nature.

2011 PLD 260 SC

West Pakistan Family Courts Act, 1964, was special law meant to cater for
specific object and special kind of cases strictly covered by items mentioned
in Schedule thereto, Civil courts were the courts of inherent and plenary
jurisdiction competent to adjudicate all disputes of civil nature between
litigating parties but such jurisdiction in terms of S.9, C.P.C. had been ousted
either expressly or by necessary implication.

If provisions of S.5 of West Pakistan Family Courts Act, 1964, were read with
the entries of the Schedule, there was no confusion or ambiguity about cases
falling within item Nos-1 to 8 thereto while entry No.9 was incorporated by
way of amendment---Words "personal property and belonging of wife" as
appearing in item 9 of Sched. to West Pakistan Family Courts Act, 1964, could
not be interpreted to mean that suit for specific performance, declaratory
suits of any nature or any other civil litigation between wife and husband was
amenable to special jurisdiction of Family Court.
 Example no 3

Statute Name: ELECRICTY ACT,1910

Chapter Name: Supply
Section no: 26(6) & 26-A
Section Name: meters

Provision

26(6). Where any difference or dispute arises between a licensee and a

consumer as to whether any meter, maximum demand indicator or other
measuring apparatus is nor is not correct the matter shall be decided, upon
the application of either party, by an Electric Inspector, within a period of
ninety days from the date of receipt of such application, after affording the
parties and opportunity of being heard, and where the meter, maximum
demand indicator or other measuring apparatus has, in the opinion of an
Electric Inspector, ceased to be correct, the Electric Inspector shall estimate
the amount of energy supplied to the consumer or the electrical quantity
contained in the supply, during such time as the meter, indicator or
apparatus has not, in the opinion of the Electric Inspector, been correct; and
where the Electric Inspector, fails to decide the matter of difference or
dispute within the said period or where either the licensee of the consumer
decline to accept the decision of the Electric Inspector, the matter shall be
referred to the Provincial Government whose decision shall be final:
 Provided that, before either a licensee or a consumer applies to the
Electric Inspector under this sub-section, he shall give to the other
party not less than seven days notice of this intention to do so.

26 A. Notwithstanding anything contained in section 23, the licensee may

charge the consumer on the basis of one or more of the following
considerations for the amount of energy deemed to have been
dishonestly abstracted, consumed or used, for the period during
which the meter, maximum demand indicator or other measuring
apparatus had, in the opinion of the licensee, remained connected,
disconnected, injured, altered or prevented from registering the
amount of energy supplied or the electrical quantity contained in
the supply: --

(a) Consumers connected load or maximum demand in kilowatt

during any period.
(b) Consumers maximum consumption of energy in kilowatt
hours during any period Consumers load factor;
(c) The power factor of consumers load;
(d) The hours and the time for which the energy is deemed to
have been abstracted, consumed or used by the consumer;
and
(e) The purpose for which the energy is deemed to have been
abstracted,
consumed or used by the consumer.

Explanation

Any matter relating to the theft of electricity by the consumer by means of

tampering with metering equipment or any other instruments relate to that
field, cognizance of that matter only taken by the Electric Inspector. The civil
court has jurisdiction to take cognizance in matters except those are
prescribed in section 26(6) & 26-A of ELECRICTY ACT, 1910. Otherwise the civil
court has no jurisdiction. Because only the Electric Inspector are expert in this field
and well-knower about the matters of theft of ELECTRICITY.

PLD 1995 LHR 56

 Issuance of charge Theft of energy by consumer, fall within the Jurisdiction
of Electric Inspector and Advisory Board. Electric Inspector for possessing
special expertise in examining the working of metering equipment and other
related apparatus had jurisdiction to entertain reference under S.26(6) of
Electricity Act, 1910 only in case of dishonest consumption of energy by
consumer through deliberate manipulation of or tampering with metering
equipment or other similar apparatus. Electric Inspector would have no
jurisdiction in matter of theft by means other than tampering or manipulation
of metering equipment etc., falling exclusively under S. 26-A of Electricity
Act, 1910. Civil Court had no jurisdiction in such matter, only Electric
Inspector had powers to take cognizance thereof.

Example no 4

Statute Name: SPECIFIC RELIEF ACT 1877

Chapter Name: Recovering Possession Of Property
Section no: 9
Section Name: Suit By Person Dispossessed Of Immoveable
Property
Provision:

If any person is dispossessed without his consent of immoveable property

otherwise than in due course of law, he or any person claiming through him
May, by suit recover possession thereof, notwithstanding any other title that
may be set up in such suit.

Nothing in this section shall bar any person from suing to establish his title to
such property and to recover possession thereof.
No suit under this section shall be brought against the [Federal Government]
or any Provincial Government].
No appeal shall lie from any order or decree passed in any suit instituted
under this section, nor shall any review of any such order or decree be
allowed.

Explanation

This section ousted the jurisdiction of courts to hear appeal and review. This
section excluded the right of parties to file an appeal or review where the
order or decree had been passed in any suit under this section.

Example no 5

Statute Name: CIVIL PROCEDURE CODE 1908

Chapter Name: Jurisdiction Of The Courts And RES-JUDICATA
Section no: 9
Section Name: Courts To Try All Civil Suits Unless Barred

Provision

The Courts shall (subject to the provisions herein cone tamed) have
jurisdiction to try all suits of a civil nature excepting suits of which their
cognizance is either expressly or impliedly barred.
Explanation.- A suit is which the right to property or to an office is contested
is a suit of a civil nature, notwithstanding that such right may depend
entirely on the decision of questions as to religious rites or ceremonies.
 Explanation

The code of Civil Procedure confers power on the civil courts to try all suits of
civil nature but except those which are barred by any special statutes or by
the general policy of law or law of public policy, Such as family matters or
the matters relating to the land revenue.

In matters which are expressly or impliedly barred, the civil court jurisdiction
had been ousted to entertain such suit.

Example no 6
Statute Name: THE ANTI TERRORISM ACT (ATA), 1997
Chapter Name: Jurisdiction
Section no: 12
Section Name: Jurisdiction of (Anti-Terrorism Court).
Provision

(1) Notwithstanding anything contained in the Code or in any other law, a

scheduled offence committed in an area in a Province shall be triable only by
the Special Court exercising territorial jurisdiction in relation to such area.

(2) Notwithstanding anything contained in sub-section (1), if, in respect of a

case involving a scheduled offence committed in any area, the Government
having regard to the facts and circumstances of the case, it satisfied that in
order to ensure a fair trial, or for the protection and safety of witnesses, that
such offence should be tried by (Anti-Terrorism Court) established in the
relation to any other area, the Government may make a declaration to that
effect.

Explanation Where a Special Court is established in relation to two or more

areas, such Special Court shall be deemed, for the purpose of this sub-
section, to have d been established in relation to each of such areas.

3) Where a declaration is made in respect of an offence committed in an

area in a Province, any prosecution in respect of such offence shall be
instituted only in the Special Court established in relation to such area, and,
if any prosecution in respect of such offence is pending immediately before
such declaration in any other Court, the same shall stand transferred to such
Special Court and such (Anti-Terrorism Court) shall proceed with such case
from the stage at which it was pending at that time without the necessity of
recalling any witnesses.

Explanation

Only the Anti-Terrorism court have jurisdiction to try a scheduled offence

committed in the area in a province. The jurisdiction of criminal courts is
eliminated to adjudicate such offence.