Updated: Friday May 24, 2013/AlJumaa
Rajab 15, 1434/Sukravara
Jyaistha 03, 1935, at 06:05:30 PM
The
(Act IV of 1872)
C O N T E
N T S
Sections
1. Short
title.
2. Local
extent — Commencement.
3. Enactments
in force.
4. [Repealed]
CIVIL
JUDICATURE
5. Decision
in certain cases to be according to Native law.
6. Decisions
in cases not specially provided for.
7. Local
customs and mercantile usages when valid.
8. [Repealed]
8A. [Repealed]
8B. [Repealed]
8C. [Repealed]
PRE-EMPTION
9. [Repealed]
10. [Repealed]
11. [Repealed]
12. [Repealed]
13. [Repealed]
14. [Repealed]
15. [Repealed]
16. [Repealed]
17. [Repealed]
18. [Repealed]
19. [Repealed]
20. [Repealed]
DECREES
CONCERNING LAND
21. [Repealed]
INSOLVENCY
22. [Repealed]
23. [Repealed]
24. [Repealed]
25. [Repealed]
26. [Repealed]
27. [Repealed]
28. [Repealed]
29. [Repealed]
30. [Repealed]
31. [Repealed]
32. [Repealed]
33. [Repealed]
MINORS AND
THE COURT OF WARDS
30 to 38 [Repealed]
CRIMINAL
JUDICATURE
39. Pakistan
Penal Code to apply to offences committed previous to 1st January, 1862 —
Saving of privileges conferred on certain Chiefs
39A. Power
to establish a system of village-watchmen and municipal watchmen, and to make
rules
39B. Obligation
to assist watchmen and headmen — Person obstructing watchman or headman may be
arrested without warrant.
39C. Power
to direct local taxation for payment of police enrolled under Act V of 1861.
39D. Notice
of taxes proposed to be levied — Objections to taxation — Procedure thereon.
39E. Power
to fix rates of tax
39F. Power
to make rules for collection of taxes
39G. [Repealed]
HONORARY
POLICE-OFFICERS
40. Provincial Government may confer powers of
Police-officer.
TRACK LAW
41. Trackers may call for assistance in carrying on
tracks.
42. Penalty for withholding assistance or conniving
at offence or escape — Limit to fine— Appeal to High Court — Fine may be
awarded to injured parties, and fee to tracker.
SLAUGHTER
OF KINE
43. [Repealed]
ARMED MEN
AND FOREIGN VAGRANTS
44. Control of entry into towns of bands of armed
men.
45. Powers of Magistrate of District as to foreign
vagrants.
46. Surveillance, etc., of band failing to comply
with Magistrate's order.
MISCELLANEOUS
47. Crossing of streams on buoys or skins.
48. Use of pasturage or natural product of
Government land.
49. [Repealed]
50. Power to make rules as to matters mentioned in
sections 43 to 48 — Existing rules.
50A. Conditions of validity of rules hereafter
made under this Act.
50B. Penalties for breach of such rules.
51. Republication of rules and orders.
52. [Repealed]
SCHEDULE I
Enactments
Declared to be in Force
SCHEDULE II
[1][1]The
(ACT
IV OF 1872)
[28
March 1872]
An
Act for declaring which of certain rules, laws and regulations have the force
of law in the
Preamble.— WHEREAS certain rules,
laws and regulations, made heretofore for the Punjab, acquired the force of law
under the provisions of section 25 of the [2][2]Indian Councils Act,
1861[3][3]; and whereas it is
expedient to declare which of the said rules, laws and regulations shall
henceforth be in force in the Punjab, and to amend, consolidate or repeal
others of the said rules, orders and regulations;
It is hereby enacted as follows:-
1. Short title.— This act may be called
the Punjab Laws Act, 1872.
2. Local extent — Commencement.— It extends to the [4][4]territories [5][5][comprised in the
and it shall come into force on the
first day of June, 1872.
3. Enactments in force.— The Regulations, Acts
and orders specified in the First Schedule hereto annexed are in force in [7][7][the Punjab] to the
extent specified in the third column of the said schedule.
4. [Enactments repealed].
Rep. by the Second Repealing and Amending Act, 1914 (XVII of 1914), section 3,
and Schedule II.
CIVIL JUDICATURE
[8][8][5. Decision in
certain cases to be according to Native law.— In questions regarding succession,
special property of females, betrothal, marriage, divorce, dower, adoption,
guardianship, minority, bastardy, family relations, wills, legacies, gifts,
partitions, or any religious usage or institution, the rule of decision shall
be—
(a) any
custom applicable to the parties concerned, which is not contrary to justice,
equity or good conscience, and has not been by this or any other enactment
altered or abolished and has not been declared to be void by any competent
authority;
(b) the
Muhammadan law, in cases where the parties are Muhammadans, and the Hindu law,
in cases where the parties are Hindus, except in so far as such law has been
altered or abolished by legislative enactment, or is opposed to the provisions
of this Act, or has been modified by any such custom as is above referred to].
6. Decisions in cases not specially
provided for.—
In cases not otherwise specially provided for, the Judges shall decide
according to justice, equity and good conscience.
7. Local customs and mercantile usages
when valid.—
All local customs and mercantile usages shall be regarded as valid, unless they
are contrary to justice, equity or good conscience, or have, before the passing
of this Act, been declared to be void by any competent authority.
[9][9][* * * *]
[10][10][8, 8A, 8B and 8C. [Regarding descent of Jaghirs] Rep. by the
Punjab Jaghirs Act, 1941 (Punjab Act V of 1941), section 13].
PRE-EMPTION
9 to 20. Rep. by the Punjab
Pre-emption Act, 1905 (Punjab Act II of 1905), section 2 (1).
DECREES CONCERNING LAND
21. [Copy
of decrees affecting land to be forwarded to Deputy Commissioner]. Rep. by the
INSOLVENCY
22 to 32. Rep. by the
Provincial Insolvency Act, 1907 (III of 1907).
33. [Saving of
previous insolvency proceedings]. Rep. by the Amending Act, 1891 (XII of 1891).
MINORS AND THE COURT OF WARDS
30 to 38. Rep. by the Punjab
Court of Wards Act, 1903 (Punjab Act II of 1903), section 2 (1).
CRIMINAL JUDICATURE
39. Pakistan Penal Code to apply to offences
committed previous to 1st January, 1862 — Saving of privileges conferred on
certain Chiefs.—
The provisions of the Pakistan Penal Code[11][11], with the exception of
Chapter VI, shall be applicable to all offences committed before first January,
1862, in territory which was, at the time of the commission of such offence,
subject to [12][12][the Provincial
Government] of the Punjab:
Provided that nothing contained in
this section shall affect any privilege conferred on certain Chiefs in the
Punjab by the [13][13][Federal Government], or
by the Board of Administration for the affairs of the
[14][14][39A. Power
to establish a system of village-watchmen and municipal watchmen, and to make
rules.— [15][15][The
Provincial Government] may establish a system of village-watchmen or municipal
watchmen in any part of the [16][16][Punjab],
and in furtherance of this object may, from time to time, make rules to provide
for the following matters:-
(a) the definition of the limits of watchmen's
beats;
(b) the determination of the several grades of
watchmen, and the number of each grade to be appointed to each beat;
(c) the appointment, suspension, dismissal and
resignation of watchmen of each grade;
(d) the equipment and discipline of, and the
control and supervision over, such watchmen;
(e) the conferring upon them, and the exercise by
them, of any powers and the enjoyment by them of any protection or privilege,
which may be exercised and enjoyed by a police-officer under any law for the
time being in force;
(f) the performance by them of such duties
relating to police, sanitation or statistics, or for the benefit of the village
communities or municipalities within their respective beats, as [17][17][the
Provincial Government] thinks fit;
(g) the
exercise of authority over, and the rendering of aid to, such watchmen by
headmen of the villages or members of the Municipal committees of the towns
comprised in their respective beats;
(h) the performance, by the headmen of villages
comprised in the beat of any watchman, of any of the duties of a
village-watchman in aid of, or substitution for, such watchman;
(i) the exercise, by such village-headmen or the
purposes referred to in clauses (g) and (h), or by members of Municipal
Committees for the purposes referred to in clause (g) of this section, of any
of the powers, and the enjoyment by such headmen or members of any privilege or
protection, of a village-watchman or a municipal watchman, as the case may be;
(j) the determination of the rate at which and the
mode in which, watchmen shall be paid, and, in the case of village watchmen, of
the mode in which their pay, the expenses of their equipment, and other charges
connected with the village-watchman system shall be provided for, whether out
of cesses or funds already leviable or available in the villages comprised in
the beat, or by a special tax in money or kind to be imposed on any class of
persons residing or owning property in, or resorting to, such villages, or
partly in one of the ways and partly in the other;
(k) the collection with or without the aid of the
village headmen, and by any process available for the realisation of the
land-revenue, of any tax imposed under clause (j) of this section, and the
application of, and the mode of accounting for, the same; and generally for
(l) the efficient working of the system of
village-watchmen or municipal watchmen:
Provided—
firstly,
that the rules to be made regarding the appointment of
village-watchmen shall allow to the headmen of the villages comprised in the
beat to which such a watchman is to be appointed a power of nomination, to be
exercised in such a manner and subject to such reasonable conditions as may be
prescribed by such rules;
secondly, that the rules to be
made under clause (j) of the section with regard to village-watchmen shall
include provisions for recording and securing due consideration of the views
and opinions on the matters therein referred to of the headmen of the villages
comprised in each beat.
39B. Obligation to assist watchmen and headmen —
Person obstructing watchman or headman may be arrested without warrant.— Every person is bound
to render to a village-watchman, or municipal watchman, or village-headman
discharging the duties of a police-officer under the rules made hereunder, all
the assistance which he is bound to render to a Police-officer.
Any person who obstructs such
watchman or headman in the discharge of such duties may be arrested without
warrant by a Police-officer or by any watchman or village-headman empowered in
this behalf by [18][18][the Provincial
Government].
[19][19][39C. Power
to direct local taxation for payment of police enrolled under Act V of 1861.—
Whenever it seems to [20][20][the
Provincial Government] expedient that the duties of watch-and-ward and other internal
police-service of any town or village not comprised within the limits of a
municipality or within the limits of a village-watchman's beat as defined under
the power conferred by section 39A should be performed by police-officers
enrolled under [21][21]Act
V of 1861, [22][22][the
Provincial Government] may direct that the said service shall be so performed,
and may also, [23][23][*
* *] direct that the charges for the time being fixed by such [24][24][the
Provincial Government] on account of such service shall be defrayed by taxes to
be levied in such town or village.
39D. Notice of taxes proposed to
be levied — Objections to taxation — Procedure thereon.—
When [25][25][the
Provincial Government] has, under section 39C, directed that taxes shall be
levied in any town or village, the Deputy Commissioner may from time to time
issue a public notice in such town or village explaining the nature of the
taxes he proposes to levy.
Any inhabitant of such town or
village objecting to the taxation thus proposed may, within fifteen days from
the publication of such notice, send his objection in writing to the Deputy
Commissioner.
After the expiry of fifteen days
from the publication of the notice, the Deputy commissioner may submit for the
information of [26][26][the Provincial Government]
a report of the proposal made by him. Such report shall contain specific
mention of the objections (if any) urged to his proposal and his opinion on
such objections.
No such tax shall be levied until it
has, upon such report, been approved by [27][27][the Provincial
Government].
39E. Power to fix rates of tax.— When any such tax has
been so approved by [28][28][the Provincial
Government], the Deputy Commissioner may from time to time, subject to such
rules consistent with this Act as [29][29][the Provincial
Government] may from time to time prescribe, determine the rates at which it is
to be levied.
39F. Power to make rules for collection of taxes.— [30][30][The Provincial
Government] may from time to time make rules to provide for the collection of
such taxes by any process available for the realisation of the land-revenue and
to regulate the application and mode of accounting for the same.
39G. [Validation clause]. Rep. by the Amending Act, 1891 (XII of
1891).
HONORARY POLICE-OFFICERS
40. Provincial Government may confer
powers of Police-officer.— [31][31][The
Provincial Government] may, if it thinks fit, confer on any person any of the
powers which may be exercised by a Police-officer under any Act for the time
being in force, [32][32][and
may withdraw any power so conferred].
TRACK LAW
41. Trackers may call for assistance in
carrying on tracks.—
When an offence is, has been, or may reasonably be supposed to have been
committed, and the tracks of the persons who may reasonably be supposed to have
committed such offence, or of any animal or other property reasonably supposed
to be connected with such offence, are followed to a spot within the immediate
vicinity of a village, the person following such tracks may call upon any
headman or village-watchman in such village to assist in carrying on the
tracks.
42. Penalty for withholding assistance or
conniving at offence or escape — Limit to fine — Appeal to High Court — Fine may be awarded
to injured parties, and fee to tracker.— If such headman or watchman does
not forthwith give such assistance, or if the inhabitants of such village do
not afford full opportunity for search in their houses for the offenders, or,
if from the circumstances of the case, there shall appear good reason to
believe that the inhabitants of such village, or any of them were conniving at
the offence or at the escape of the offenders, and such offenders cannot be
traced beyond the village, the Magistrate of the District may, with the
previous sanction of the Commissioner of the Division inflict a fine upon such
village not exceeding five hundred rupees, except in the case of stolen
property over five hundred rupees in value, in which case the fine shall not
exceed the value of such property.
An appeal against all convictions under this section shall
lie to the [33][33][Lahore High Court,
The Magistrate may direct that the fine imposed under this
section or any part thereof shall be awarded to any persons injured by such
offence in compensation for such injury; and, in the case of stolen property
recovered through the agency of a tracker, may direct that such property be not
restored to its owner until he has paid to such tracker such fee, not exceeding
one-fourth part of the value of the stolen property, as the said Magistrate
seems fit.
SLAUGHTER OF KINE
43. [Control of Slaughter of
Kine and sale of beef]. Rep. by Pb.
Ord. VIII of 1970.
ARMED MEN AND FOREIGN VAGRANTS
44. Control of entry into towns of bands of
armed men.—
No band of armed men shall enter into any city or town, except [34][34][* * *] subject to rules
to be from time to time, either generally or in any particular instance,
prescribed by [35][35][the Provincial
Government].
45. Powers of Magistrate of District as to
foreign vagrants.—
The Magistrate of the District may, if he considers that any band of foreign
vagrants is likely to occasion a breach of the peace or to commit any offence
under the Pakistan Penal Code[36][36], prohibit such band
from entering his district, or, if they are already in his district, may
require them within a given time to leave it.
46. Surveillance, etc., of band failing to
comply with Magistrate's order.— If any such band fail to comply with the orders
of the said Magistrate within the prescribed period, he shall report the matter
to [37][37][the Provincial Government],
and [38][38][the Provincial
Government] may give such directions for the surveillance, control or
deportation of such band as to it seems fit.
MISCELLANEOUS
47. Crossing of streams on buoys or skins.— No person shall cross
any river or stream on a buoy or inflated skin nor shall have in his possession
or custody any buoy or skin for the purpose of being used in crossing any river
or stream, except [39][39][* * *] subject to rules
to be from time to time either generally or in any particular instance, prescribed
by [40][40][the Provincial
Government].
48. Use of pasturage or natural product of
Government land.—
No person shall make use of the pasturage or other natural product of any land
being the property of [41][41][the Government], except
with the consent and subject to rules to be from time to time, either generally
or in any particular instance, prescribed by [42][42][the government
concerned].
49. [Growing, selling or
keeping opium]. Rep. by the Opium Act, 1878 (I of 1878), section 2 and
Schedule.
[43][43][50. Power
to make rules as to matters mentioned in sections 43 to 48 — Existing rules.— [44][44][The Provincial
Government] may from time to time make rules as to the matters mentioned in [45][45][sections 43 to 48]
inclusive.
All existing rules upon such
matters, which might have been made under this section had it been in force,
shall be deemed to have been made hereunder.
50A. Conditions of validity of rules hereafter made
under this Act.—
[46][46][Rules made under this
Act shall not be valid unless]:-
(a) they are consistent with the laws for the time
being in force in [47][47][the
(b) they are published in the official Gazette;
[48][48][(c) * * * * * *
* * * * *]
50B. Penalties for breach of such rules.— [49][49][The Provincial
Government] may in making any rule under any of the powers conferred by this
Act, attach to the breach of it, in addition to any other consequences that
would ensue from such breach, a punishment on conviction before a Magistrate
not exceeding six months' imprisonment, or three hundred rupees fine or both].
[50][50][51. Republication
of rules and orders.— All rules which [51][51][the
Provincial Government] is empowered to issue under this Act, and all circulars
issued by the [52][52][Lahore
High Court, Lahore], shall be republished from time to time by [53][53][the
Provincial Government], and upon such republication, shall be arranged in the
order of their subject-matter, and all such alterations or amendments as may
have been made since the last preceding publication thereof, or may have become
necessary or advisable, shall be embodied therewith, and upon such
republication all such rules and circulars previously issued shall be
repealed].
52. [Recovery of advances
made by Government]. Rep. by the
SCHEDULE I
ENACTMENTS DECLARED TO
BE IN FORCE
Explanation— This schedule does not
refer to any Act which is in its terms applicable to [54][54][the Punjab], or which
has been extended to [55][55][the
|
No. and year |
Title |
Extent to which the
enactment is in force |
|
Reg.
I of 1798. |
A
regulation to prevent Fraud and injustice in Conditional Sales of Land under
Deeds of bai-bil-wuffa, or other Deeds of the same nature. |
The
whole, except such parts as relate to interest. |
|
[56][56][* * * |
*
* * |
*
*] |
|
Reg.
XVII of 1806. |
A Regulation for extending to the Province of Benares
the Rates of Interest on future Loans and provisions relative thereto,
contained in Regulation XV, 1793; also for a general extension of the period
fixed by Regulations I, 1798, and XXXIV, 1803, for the redemption of
Mortgages and Conditional Sale of Land, under Deeds of bai-bil-wuffa
Kutcubaleh, or other similar designation. |
Sections
7 & 8 |
|
Reg.
III of 1818 |
A
Regulation for the Confinement of State Prisoners. |
The
whole. |
|
Reg.
XI of 1825. |
A
Regulation for declaring the Rules to be observed in determining claims to
Lands gained by alluvion or by dereliction of a river or the sea. |
The
whole. |
|
[57][57][* * |
*
* * * |
*
*] |
|
.. |
Rules
for the conservancy of Forests and Jungles in the Hill Districts of the |
The
whole. |
SCHEDULE II
[ENACTMENTS REPEALED]
Rep. by the Second
Repealing and Amending Act, 1914
(XVII of 1914)
[1][1]For Statement of Objects and Reasons, see “Gazette of India,” 1871, Pt. V, p. 387, for Proceedings in Council, see ibid, 1871, Supplement, pp. 1003, 1292, 1296 and 1542; and ibid, 1872, Supplement, p.303.”
[2][2]Repealed by the Government of
[3][3]24 & 25 Vict., c.67.
[4][4]Repealed in the territories now forming the N.W.F.P. by the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901).
[5][5]The original words “now under
the administration of the Lieutenant-Governor of the
[6][6]Repealed by the Government of
[7][7]Substituted by the Federal
Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), for “West Punjab”
which had been substituted by the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949), for “the
[8][8]Substituted by the Punjab Laws (Amendment) Act, 1878 (XII of 1878), for the original section 5. The provisions of this section have been repealed in so far as they are inconsistent with those of the Muslim Personal Law (Shariat) Application Act, 1937 (XXVI of 1937), see ibid., section 6.
[9][9]The heading “Descent of Jaghirs” preceding Sections 8, 8A, 8B and 8C which were substituted by the Punjab Descent of Jaghirs Act, 1900 (Punjab Act IV of 1900) for the original section 8, was subsequently repealed, together with the said sections, by the Punjab Jaghirs Act, 1941 (Punjab Act V of 1941).
[10][10]Ibid.
[11][11]XLV of 1860.
[12][12]Substituted, by the
Government of
[13][13]Substituted by the
[14][14]Sections 39A and 39B were
substituted by the
[15][15]Substituted, by the
Government of
[16][16]Substituted by the Central laws (Statute Reform) Ordinance, 1960 (XXI of 1960), for “territories under its administration” (with effect from the 14th October, 1955).
[17][17]Substituted, by the
Government of
[18][18]Substituted, by the
Government of
[19][19]Sections 39C to 39G were
Inserted by the
[20][20]Substituted, by the
Government of
[21][21]The Police Act, 1861.
[22][22]Substituted, by the
Government of
[23][23]The words “subject to the control of the G.G. in C.” repealed by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[24][24]Substituted ibid., for “Local Government.”
[25][25]Substituted, by the
Government of
[26][26]Ibid.
[27][27]Ibid.
[28][28]Ibid.
[29][29]Ibid.
[30][30]Substituted, by the
Government of
[31][31]Substituted, by the
Government of
[32][32]Inserted by the
[33][33]The original words “Chief Court” were first substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) and then amended by the Central Laws (Statute Reform) Ordinance, 1960, (XXI of 1960) and finally substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974).
[34][34]The words “with the consent and” repealed by the Punjab Laws (Amendment) Act, 1878 (XII of 1878).
[35][35]Substituted, by the
Government of
[36][36]XLV of 1860.
[37][37]Substituted, by the
Government of
[38][38]Ibid.
[39][39]The words “with the consent and” repealed by the Punjab Laws (Amendment) Act, 1878 (XII of 1878)
[40][40]Substituted, by the
Government of
[41][41]The original words “the Government” were first substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 and then amended by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), (with effect from the 23rd March, 1956), to read as above.
[42][42]The original words “the Local Government” were first Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 and then amended by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), (with effect from the 23rd March, 1956), to read as above.
[43][43]Sections 50, 50A and 50B were substituted by the Punjab Laws Amendment Act, 1875 (XIV of 1875), for the original section 50.
[44][44]Substituted, by the
Government of
[45][45]Substituted by the Amending Act, 1891 (XII of 1891), for “sections forty-three to forty-nine”.
[46][46]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the words “[All] rules hereafter made by the L.G. under any power conferred by this Act shall be [subject to the control of the G.G. in C. and no such rules shall be valid] unless”. The words in crotchets were substituted by the Decentralization Act, 1914 (VI of 1914), for the words “ No” and “valid”, respectively.
[47][47]Substituted by the Federal
laws (Revision and Declaration) Act, 1951 (XXVI of 1951), for “West Punjab”
which had been substituted by the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949), for “the
[48][48]Cl. (c) of section 50A repealed by the Punjab Codes (Amendment) Act, 1914 (IV of 1914).
[49][49]Substituted by the Government
of
[50][50]Substituted by the Punjab Laws (Amendment) Act, 1910 (I of 1910), for the original section 51.
[51][51]Substituted, by the
Government of
[52][52]Substituted by the
[53][53]Substituted, by the
Government of
[54][54]Substituted by the Federal
laws (Revision and Declaration) Act, 1951 (XXVI of 1951), for “West Punjab”
which had been substituted by the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949), for “the
[55][55]Ibid.
[56][56]So much of the first schedule as related to Bengal State Offences Regulation, 1804 (X of 1804), was repealed by the Punjab Town Improvement Act, 1922 (IV of 1922).
[57][57]So much of the first schedule
as related to Bengal State Offences Regulation, 1804 (X of 1804), was repealed
by the Punjab Town Improvement Act, 1922 (IV of 1922).
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